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02-0903_CVWD_Minutes_Regular MeetingMINUTES September 3, 2002 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 (General Manager) regarding sale/lease of that certain real property described as APN 668-101-03. Chairman Bathgate called the Regular Meeting of the Board of Directors of the Capistrano Valley Water District to order at 9:24 p.m. in the City Council Chamber. ROLL CALL BOARD MEMBERS PRESENT: Wyatt Hart, David M. Swerdlin, Vice Chairman John S. Gelff and Chairman Diane Bathgate BOARD MEMBERS ABSENT: Director Collene Campbell STAFF PRESENT: George Scarborough, General 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; AmyAmirani, Public Works Director; Lt. J. B. Davis, Chief of Police Services; and, Dawn Schanderl, Deputy City Clerk. CONSENT CALENDAR Board Action: Moved by Director Hart, seconded by Director Swerdlin and carried unanimously, 4-0, to approve items 1 and 2 as recommended by Staff. 1. MINUTES FROM THE REGULAR MEETING OF AUGUST 6, 2002, APPROVED AS SUBMITTED 2. AMENDMENT TO AGREEMENT WITH CAMP DRESSER & MCKEE, INC., APPROVED FOR TERMINAL RESERVOIR NO. 2 STRUCTURAL AND GEOTECHNICAL INVESTIGATION AND REPAIR PROJECT IN THE AMOUNT OF $126,636 APPROPRIATED FROM THE WATER CAPITAL IMPROVEMENT FUND TO CiP # 753 (600.70) BOARD ACTIONS: CVWD Minutes 1 9-3-02 C1. RESOLUTION NO. CVWD 02-09-03-01 ADOPTED AWARDING AGREEMENT WITH ECO RESOURCES, INC., FOR DESIGN, CONSTRUCTION, FINANCING AND OPERATION AND EXECUTION GUARANTY AGREEMENT WITH SOUTHWEST WATER COMPANY; CHAIRMAN AUTHORIZED TO EXECUTE AGREEMENTS, TAX EXEMPT PUBLIC FINANCING CONCEPT APPROVED THROUGH SAN JUAN BASIN AUTHORITY AND STAFF TO PROCEED WITH BOND ISSUANCE; SITE PREPARATION FOR RELOCATION OF ORANGE COUNTY HEADSTART FACILITY APPROVED, $650,000 APPROPRIATED TO PAY FOR CONTRACT SERVICES AND FINANCIAL NEGOTIATION WORK, COSTS TO BE REIMBURSED BY ECO (600.70) Project Description: On September 18, 2001, the Capistrano Valley Water District Board of Directors authorized the General Manager to enter into negotiations with ECO Resources, Inc. to design, construct, finance and provide long-term operations of the San Juan Basin Phase I Groundwater Recovery Plant. In the Agreement, ECO will agree to build and operate a 5.14 mgd plant that will produce 4,800 afly of drinking water for a fixed guaranteed maximum purchase price of $24,090,607 and a fixed annual service fee of $1,094,900. The project will provide the District with approximately 50% of its annual production requirements through local ground water and provide emergency storage capacity. Staff recommends approval of the Service Contract with ECO Resources Inc.; the Service Contract Guaranty Agreement, a long-term financing concept with San Juan Basin Authority; and, authorize staff to proceed with the issuance of debt. The execution of the Service Contract will require the relocation of the Orange County Headstart operation to the vicinity of the San Juan Capistrano Regional Library and Serra Continuation School. Staff also recommends the Board to authorize the commencement of the site preparation in anticipation of this relocation. Written Communications: Report and Supplement Reportdated September 3,2002, prepared by Amy Amirani, Public Works Director. Presentation: Amy Amirani, Public Works Director, reviewed the staff recommendation. Council Comment:: Council Member Swerdlin stated he was not comfortable with the level of risk involved and did not support the project. Board Action: Moved by Director Hart, seconded by Vice Chairman Gelff and carried 3-1 to adopt Resolution CVWD No. 02-09-03-01 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, CALIFORNIA, AUTHORIZING AWARD AND EXECUTION OF A SERVICE CONTRACT WITH ECO RESOURCES, INC. FOR THE DESIGN, CONSTRUCTION, FINANCING AND OPERATION OF THE SAN JUAN BASIN CVWD Minutes 2 9-3-02 DESALTER PROJECT AND THE FORM AND EXECUTION OF A GUARANTY AGREEMENT WITH SOUTHWEST WATER COMPANY AS GUARANTOR OF THE PERFORMANCE OF THE OBLIGATIONS OF ECO RESOURCES, INC, UNDER THE SERVICE CONTRACT;" Chairman authorized to execute the appropriate Service Contract and Service Guaranty Agreement; Tax-exempt Public Financing Concept approved through the San Juan Basin Authority and Staff authorized to proceed with issuance of bonds to provide funding for the project; commencement of site preparation for relocation of the Orange County Headstart Facility approved, and the City Manager authorized to execute any necessary agreement; $650,000 appropriated from Water Enterprise Fund to the Project CIP #758 to pay for services of Hawkins, Delafield & Wood and Malcolm Pirnie for additional contract services and financial negotiation work, costs to be reimbursed by Eco. ROLL CALL AYES: BOARD MEMBERS: Hart, Gelff and Chairman Bathgate NOES: BOARD MEMBERS: Vice Chairman Gelff ADJOURNMENT There being no further business, Chairman Bathgate adjourned the meeting at 9:47 p.m. to Tuesday, October 1, 2002, at 5:30 p.m. for Closed Session and 7:00 p.m. for the Public Business Session, in the City Council Chamber. Respectfully submitted, JJ, M ARET R. MONAHAN, CLERK OF THE BOARD Approved: October 1, 2002 ATTEST: CHAIRMAN BATHGA CVWD Minutes 9-3-02 NOTICE OF ADJOURNMENT OF MEETING OF CAPISTRANO VALLEY WATER DISTRICT CALIFORNIA NOTICE IS HEREBY GIVEN, that the Capistrano Valley Water District at its Regular meeting of October 1, 2002, adjourned said meeting to Tuesday, October 15, 2002 at 5:30 p.m., for Closed Session and 7:00 p.m. for the public Business Session, in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. DATED: October 2, 2002 Mardar6t R. Monahan, Clerk of the Board STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO SS AFFIDAVIT OF POSTING I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby declare that the above Notice was posted at or near the door of the City Council chamber on October 2, 2002 within 24 hours of adjournment of the above-named meeting. I declare under penalty of perjury that the foregoing is true and correct. L" ret R. Monahan, City Clerk 1