01-1002_CVWD_Minutes_Regular MeetingMINUTES
OCTOBER 2, 2001
CAPISTRANO VALLEY WATER DISTRICT
BOARD OF DIRECTORS
CLOSED SESSION: None
Chairman Bathgate called the Regular Meeting of the Board of Directors of the
Capistrano Valley Water District to order at 7:31 p.m. in the City Council Chamber.
ROLL CALL
BOARD MEMBERS PRESENT: Collene Campbell, David Swerdlin, Wyatt Hart, Vice
Chairman John S. Gelff and Chairman Diane Bathgate
BOARD MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, General Manager; Julia Silva, Assistant City
Manager; Meg Monahan, Clerk of the Board; Cynthia L. Russell, Treasurer; John Shaw,
City Attorney; Thomas Tomlinson, Planning Director; William M. Huber, Engineering
and Building Director; Eric Bauman, Senior Engineer; Lt. Rick Stahr, Chief of Police
Services; and Sue McCullough, Recording Secretary.
CONSENT CALENDAR:
Council Action: Moved by Director Swerdlin, seconded by Director Gelff and carried
unanimously to approve Consent Calendar items 1 and 2 as recommended by staff.
Director Swerdlin recommended that, in the future, staff seek proposals from additional
consulting firms for debt financing and advising.
1. MINUTES OF THE REGULAR MEETING OF THE CAPISTRANO VALLEY
WATER DISTRICT OF SEPTEMBER 4, 2001 APPROVED AS SUBMITTED
2. DOMESTIC WATER MASTER PLAN DEBT FINANCING — SERIES 2001:
AGREEMENT WITH STRADLING, YOCCA, CARLSON AND RAUTH AS LEGAL
COUNSEL, IN THE AMOUNT OF $58,500 APPROVED; AGREEMENT WITH
FIELDMAN, ROLAPP AND ASSOCIATES AS FINANCIAL ADVISOR, IN THE
AMOUNT OF $35,000 APPROVED; AND CITY MANAGER AUTHORIZED TO
EXECUTE THE AGREEMENTS AFTER REVIEW AND APPROVAL BY THE
CITY ATTORNEY (STRADLING, YOCCA, CARLSON AND RAUTH)
(FIEDLMAN, ROLAPP AND ASSOCIATES) (600.30)
3. SC04 TERMINAL PIPELINE PROJECT PLANS AND SPECIFICATIONS
APPROVED; PROJECT RELEASED FOR BIDDING; GENERAL MANAGER
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AUTHORIZED TO ENTER INTO RIGHT -OF -ENTRY AGREEMENT RELATED
TO PRIMA DESECHA LANDFILL; AND RESOLUTION NO. CVWD 01-10-02-01
RELATED TO SAN JUAN HILLS ESTATES WATER FACILITIES EASEMENTS
ADOPTED (CIP NO. 794) (600.70)
Project Description: This item was removed from the Consent Calendar to allow
Chairman Bathgate the opportunity to abstain.
Council Action: Moved by Director Swerdlin, seconded by Director Gelff and
carried 4-0-1 to approve the SC04 Terminal Pipeline Project plans and
specifications; release the project for bidding; authorize the General Manager to
enter into a right -of -entry agreement with the County of Orange for the Prima
Desecha Landfill; and adopt Resolution No. CVWD 01-10-02-01 entitled "A
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO
VALLEY WATER DISTRICT, ACCEPTING PUBLIC WATER FACILITIES
EASEMENTS SAN JUAN HILLS ESTATES HOA AND ESTATES OF SAN JUAN
HOA."
ROLL CALL
AYES: DIRECTORS
NOES: DIRECTORS
ABSTAIN: DIRECTORS
PUBLIC HEARINGS
Campbell, Hart, Swerdlin and Gelff
Chairman Bathgate
C1. RESOLUTION NO. CVWD 01-10-02-02 APPROVING WATER RATE
INCREASE EFFECTIVE OCTOBER 3, 2001 (1050.20)
Description: A proposal to increase water rates due to an operating budget
deficit of $686,000, resulting from increases in power, lower than anticipated well
production, implementation of deferred programs and general cost increases
over the past five years.
Written Communications: Report dated October 2, 2001, submitted by Cynthia
Russell, Administrative Services Director.
Oral Presentation: Cynthia Russell, Administrative Services Director, reviewed
the staff recommendation and responded to questions from the Directors.
Chairman Bathgate opened the public hearing.
Mark Nielsen, 31621 Via Quixote, inquired into financial impact that a future
reservoir could have on rate increases and operation costs.
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F -J
Cynthia Russell, Administrative Services Director, said that impacts of a future
reservoir project would be considered in projections after the project is
operational.
Chairman Bathgate closed the public hearing.
Board Action: Moved by Director Swerdlin, seconded by Director Hart and
carried unanimously, 5-0, to adopt Resolution No. CVWD 01-10-02-02 entitled
"A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO
VALLEY WATER DISTRICT, REVISING THE SCHEDULE OF RATES AND
CHARGES FOR INCREASES TO THE COMMODITY (USER) AND SERVICE
CHARGES."
BOARD ACTIONS
D1. INDEMNIFICATION AGREEMENT REQUIRED BY THE LOCAL AGENCY
FORMATION COMMISSION, INDEMNIFYING THE ORANGE COUNTY LOCAL
AGENCY FORMATION COMMISSION AND MOULTON NIGUEL WATER
DISTRICT FROM ANY ACTIONS RELATIVE TO ANNEXATIONS APPROVED
BY LAFCO RO 96-15 APPROVED (600.70) (CONTINUED FROM SEPTEMBER
18, 2001)
Description: Consideration of a required indemnification agreement related to a
merger of the Capistrano Valley Water District with the City of San Juan
Capistrano.
Written Communications: Report dated October 2, 2001, from Amy Amirani,
Public Works Director including a Memorandum from John R. Shaw, City
Attorney, dated September 16, 2001.
Oral Presentation: George Scarborough, City Manager, reviewed the staff
recommendation.
Board Action: Moved by Director Gelff, seconded by Director Hart and carried
unanimously, 5-0, to approve the required indemnification agreement related to a
merger of the Capistrano Valley Water District with the City of San Juan
Capistrano.
ADJOURNMENT
There being no further business, Chairman Bathgate adjourned the meeting at 7:47
p.m. to Tuesday, November 6, 2001, in the City Council Chamber.
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Respectfully submitted,
RET R. MONAHAN, CLERK OF THE BOARD
Adopted: November 6, 2001
ATTEST:
DIANE BATHGATE, CH
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