02-0219_CVWD_Minutes_Adjourned Regular MeetingMINUTES
February 19, 2002
ADJOURNED REGULAR MEETING
CAPISTRANO VALLEY WATER DISTRICT
BOARD OF DIRECTORS
CLOSED SESSION 610.85 - 5:30 P.M.
Pursuant to Government Code Section 54956.8 the Board of Directors conferred
with its real property negotiator (Executive Director) concerning the potential lease
of land, described as APN 668-101-03, from the City of San Juan Capistrano. Its
negotiator is the City Manager.
Chairman Bathgate called the Adjourned Regular Meeting of the Board of Directors of the
Capistrano Valley Water District to order at 8:06 p.m. in the City Council Chamber.
ROLL CALL
BOARD MEMBERS PRESENT: Wyatt Hart, Collene Campbell, David M. Swerdlin, Vice
Chairman John S. Gelff and Chairman Diane Bathgate
BOARD MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, General Manager; Julia Silva, Assistant City
Manager; John Shaw, Legal Counsel; Meg Monahan, Clerk of the Board; Cynthia L.
Russell, Administrative Services Director; Thomas Tomlinson, Planning Director; William
M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King,
Jr., Community Services Director; and, Dawn Schanderl, Deputy City Clerk.
CONSENT CALENDAR
Board Action: Moved by Director Hart, seconded by Vice Chairman Gelff and carried
unanimously, 5-0, to approve item 1 as recommended by Staff.
MINUTES FROM THE ADJOURNED REGULAR MEETING OF
JANUARY 15, 2002, APPROVED AS SUBMITTED.
CVWD Minutes
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BOARD ACTIONS:
C1. GROUNDWATER RECOVERY PROJECT - PHASE I: NEGOTIATION TERMS
FOR SERVICE CONTRACT WITH ECO RESOURCES AND TAX -EXEMPTED
LEASE FINANCING CONCEPT WITH PFG ENERGY CAPITAL, INC. APPROVED
AND RELATED AGREEMENTS WITH OTHER LOCAL AGENCIES TO
FACILITATE PROJECT APPROVED IN-CONCEPT(600.70)
Project Description: City staff and specialized outside contractors have negotiated
terms for a design, build and operate Service Contract with ECO Resources, Inc.,
and long-term tax-exempt take-out financing through a third party financial group,
PFG Energy Capital, Inc. Staff is also in the process of completing negotiations on
agreements with adjoining jurisdictions to facilitate the Project. Negotiated terms
for the specialized contractors' agreements and agreements in -concept with
adjoining jurisdictions are before the Board of Directors for review and approval.
Written Communications: Report dated February 19, 2002, prepared by Amy
Amirani, Public Works Director.
Oral Presentation: Amy Amirani, Public Works Director, reviewed the staff
recommendation.
Board Member Swerdlin was opposed to the project, expressing concerns about
increased costs and existence of numerous unknown factors. He felt that past
success with conservation efforts reduced the need for storage capacity.
Board Member Campbell and Chairman Bathgate felt that the District should
continue to pursue additional storage capacity.
Board Member Hart felt that the District should proceed cautiously, anticipating that
costs would increase whether or not the District proceeded with the project.
Board Action: Moved by Director Hart, seconded by Director Campbell and carried,
4-1, to approve negotiated deal points of the Service Contract between ECO
Resources, Inc., and the Water District for design, construction and long-term
operation of the project; tax -exempted lease financing concept between PFG
Energy Capital, Inc., and the Water District for long-term financing of project
approved; Agreements with other local agencies to facilitate the project approved
in concept; and staff directed to return with final documents for all transactions at
the March 5, 2002, Board of Directors' meeting.
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1
ROLL CALL
AYES:
NOES:
DIRECTORS:
DIRECTORS:
ABSTAIN: DIRECTORS:
Hart, Campbell, Vice Chairman Gelff and
Chairman Bathgate
Swerdlin
None
ADJOURNMENT
There being no further business, Chairman Bathgate adjourned the meeting at 8:24 p.m.
to Tuesday, March 5, 2002, in the City Council Chamber.
Respectfully submitted,
R. MONAHAN, CLERK OF THE BOARD
Adopted: March 19, 2002
ATTEST:
---U)
CHAIRMAN BA
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