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00-0307_CVWD_Minutes_Regular Meeting167 MARCH 7, 2000 REGULAR MEETING OF THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS CLOSED SESSION (610.85) The Board met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section. 54956.8, the Board of Directors will confer with its real property negotiator (Executive Director) regarding the potential sale of the certain real property described as the northeast quadrant of Alipaz Street and Camino del Avion adjacent to San Juan Creek and an offer of purchase from Village Alipaz LLC. RECESS UNTIL 7:00 P.M. BUSINESS SESSION The Regular Meeting of the Board of Directors of the Capistrano Valley Water District was called to order by Chairman Hart at 8:18 p.m. in the City Council Chamber. Mayor Campbell had previously announced there were no actions to report from Closed Session. ROLL CALL: PRESENT: Wyatt Hart, Chairman David M. Swerdlin, Vice Chairman Diane Bathgate, Director Collene Campbell, Director John Greiner, Director ABSENT: None STAFF PRESENT: George Scarborough, General Manager; John Shaw, Interim City Attorney; Cheryl Johnson, Clerk of the Board; Cynthia L. Russell, Treasurer; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Al King, Community Services Director, Lt. Rick Stahr, Orange County Sheriffs Department; Bonnie Sanchez, Recording Secretary. CONSENT CALENDAR It was moved by Director Greiner, seconded by Director Swerdlin, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Directors Bathgate, Greiner, Campbell, Swerdlin and Chairman Hart NOES: None ABSENT: None CVWD Minutes -1- 317100 UM APPROVAL OF MINUTES - REGULAR MEETING OF FEBRUARY 1,-2000 The Minutes of the Regular Meeting of February 1, 2000, were approved as submitted, with Director Bathgate abstaining. 2. APPROVAL OF CONTRACT CHANGE ORDER NO. 1 - DESIGN AND CONSTRUCTION OF THE SCADA SYSTEM ENHANCEMENT PROJECT (NORTHERN DIGITAL, INC.) (600.70) As set forth in the Report dated March 7, 2000, from the Public Works Director, Change Order No. 1 to the agreement with Northern Digital, Inc., for design and construction of the Supervisory Control and Data Acquisition computer system, in the amount of $90,293, was approved. 3. APPROVAL OF AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES - 31521 VIA ESTELITA (PALAZZO DEVELOPMENT. L.P.) 60( 0.70 As set forth in the Report dated March 7, 2000, from the Director of Engineering and Building, the Agreement for Construction of Water Facilities for development of a single- family residents and a caretaker's residence at 31521 Via Estelita, was approved. The Chairman and Clerk of the Board were authorized to execute the Agreement on behalf of the District. The Certificate of Deposit in the amount of $25,572.80, required to secure the faithful performance of the Agreement, was accepted. 4. ADOPTION OF RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF DISTRICT FUNDS (320.10) As set forth in the Report dated March 7, 2000, from the Clerk of the Board, the following Resolution was adopted, authorizing the signatures of the Chairman, Vice chairman, General Manager, and District Treasurer on District accounts and delegating the authority to invest or reinvest District monies to the District Treasurer: RESOLUTION NO. CVWD 00-3-7-1. DEPOSIT AND INVESTMENT OF AGENCY FUNDS AND AUTHORIZING SIGNATURES - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, DELEGATING TO THE DISTRICT TREASURER AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO INVEST AND REINVEST AGENCY FUNDS AND AUTHORIZING SIGNATURES 5. CONTINUATION OF CONSIDERATION OF AWARD OF BID FOR CONSTRUCTION OF THE NORTH OPEN SPACE WELL PUMP HOUSING AND FACILITIES (600 As set forth in the Report dated March 7, 2000, from the Public Works Director, advising that bids for the project would be received on March 6, 2000, and a recommendation for award would be made at the meeting; and, in the Memorandum dated March 6, 2000, from the Public Works Director, advising that the bid opening date would be CVWD Minutes -2- 317100 1 1 1 extended to March 9, 2000, the award of bid for construction of the North Open Space Well Pump Housing and Facilities was continued to the meeting of March 21, 2000. BOARD ACTIONS APPROVAL OF 1999-2000 MID -YEAR WATER ENTERPRISE FUND OPERATING BUDGET (330.90) Written Communications: Report dated March 7, 2000, from the Administrative Services Director, forwarding proposed adjustments to the Water Enterprise Operations, Debt Services and Rate Stabilization Funds. The Report advised that there was an increase in total operating revenue of 10.34% and an increase in total operating expenses of 11.35% for Fiscal Year 1999-2000, relating to additional water sales and increased water purchases. The Report advised there was an operating deficit of approximately $60,000 relating to one- time non-recurring legal costs. Cynthia Russell, District Treasurer/Administrative Services Director, made an oral presentation and recommended approval of the proposed mid -year adjustments. Approval of Mid -Year Adjustments: It was moved by Director Swerdlin, seconded by Director Campbell and unanimously carried to approve the proposed adjustments to the Fiscal Year 1999-2000 Water Enterprise Operations, Debt Service and Rate Stabilization Funds. 2. INTRODUCTION OF NON -POTABLE WATER MANDATORY USE ORDINANCE (1050.30) Written Communications: Report dated March 7, 2000, from the Public Works Director, forwarding a proposed Ordinance, which would require potential users of non -potable water to construct and operate irrigation facilities in accordance with the Rules and Regulations for Users of Non -Domestic Water, and which would enable the District to meet the non -potable water demand. The General Manager made an oral presentation. Introduction of Ordinance: The Clerk of the Board read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Director Campbell, seconded by Director Greiner that the following Ordinance be introduced: ORDINANCE NO. 11 --ESTABLISHING MANDATORY NON - POTABLE WATER USE - AN ORDINANCE OF THE CAPISTRANO VALLEY WATER DISTRICT, ESTABLISHING MANDATORY NON - POTABLE WATER USE The motion carried by the following vote: CVWD Minutes -3- 3/7100 169 170 AYES: Directors Bathgate, Greiner, Campbell, Swerdlin, and Chairman Hart NOES: None ABSTAIN: None ABSENT: None ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 8:21 p.m., to the next meeting date of Tuesday, March 21, 2000, at 5:30 p.m., in the City Council Chamber. Respectfully submitted, ATTEST: 4,14 & ", 1, / WYATT HIT, 6HAIFNAN CVWD Minutes Eel m 121 WA -4- 3/7100 1 1 NOTICE OF ADJOURNMENT OF MEETING OF THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS NOTICE IS HEREBY GIVEN, that the Board of Directors of the Capistrano Valley Water District, at their Regular Meeting of March 7, 2000, adjourned said meeting to Tuesday, March 21, 2000, at 7:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. DATED: March 8, 2000 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO L % Cheryl John n, C rk of the Board } } SS AFFIDAVIT OF POSTING } I, CHERYL JOHNSON, Clerk of the Board of the Capistrano Valley Water District, do hereby declare that the above Notice was posted at or near the door of the City Council Chamber on March 8, 2000 I declare under penalty of perjury that the foregoing is true and correct. Cheryl Johns , C irk of the Board Capistrano Va iey Water District 171