02-1001_CVWD_Minutes_Regular MeetingMINUTES
October 1, 2002
CAPISTRANO VALLEY WATER DISTRICT
BOARD OF DIRECTORS
CLOSED SESSION (610.85) - None
Chairman Bathgate called the Regular Meeting of the Board of Directors of the Capistrano
Valley Water District to order at 9:23 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; Julia Silva, Assistant City
Manager; Omar Sandoval, 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; Lt. J.B. Davis, Chief of Police Services; and
Maria Guevara, Secretary.
CONSENT CALENDAR
Board Action: Moved by Director Hart, seconded by Vice Chairman Gelff and carried
unanimously, 4-0, to approve items 131 through B3 as recommended by Staff.
MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 3, 2002,
APPROVED AS SUBMITTED
2. UTILITY AGREEMENT WITH THE CITY OF SAN JUAN CAPISTRANO FOR THE
CAMINO CAPISTRANO SLOPE REPAIR APPROVED; AND, CHAIRMAN
AUTHORIZED TO SIGN THE AGREEMENT ON BEHALF OF THE CAPISTRANO
VALLEY WATER DISTRICT (CIP NO. 139) (000.70)
3. INVESTMENT POLICY FOR THE CAPISTRANO VALLEY WATER DISTRICT FOR
FISCAL YEAR 2002-2003 APPROVED; AND, THE CLERK OF THE BOARD
DIRECTED TO FORWARD THE INVESTMENT POLICY TO THE CALIFORNIA
DEBT AND INVESTMENT ADVISORY COMMISSION (350.30)
4. RESOLUTION NO, CVWD 02-10-01-01 ADOPTED ENTITLED "RESOLUTION OF
THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER
DISTRICT, ORANGE COUNTY, CALIFORNIA, APPROVING AMENDMENT
CVWD Minutes 1 10-1-02
NO. 3 TO THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
SAN JUAN BASIN AUTHORITY" (600.70)
Proiect Description: The financing plan for Phase I of the Ground Water Recovery
Plant, the San Juan Basin Authority, includes issuing Marks -Roos bonds. The Joint
Exercise of Powers Agreement creating the San Juan Basin Authority (SJBA)
provides for the issuance of revenue bonds and is silent on issuing Marks -Roos
bonds. SJBA legal counsel recommends approval of Amendment No. 3., giving the
Authority the power to issue revenue bonds pursuant to the Marks -Roos Local
Pooling Act of 1985.
Written Communication: Report dated October 1, 2002, from Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
Director Swerdlin voiced his opposition to the project, expressing concerned with the
potential risks.
Board Action: Moved by Director Hart; seconded by Vice Chairman Gelff and
carried, 3-1-1, to adopt Resolution No. CVWD 02-10-01-01 approving Amendment
No. 3 to the Joint Exercise of Powers Agreement creating the San Juan Basin
Authority.
ROLL CALL
AYES: DIRECTORS: Hart, Vice Chairman Gelff and Chairman
Bathgate
NOES: DIRECTORS: Swerdlin
ABSENT: DIRECTORS: Campbell
5. RESOLUTION NO. CVWD 02-10-01-02 ADOPTED ENTITLED "RESOLUTION OF
THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT
REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS"
RELATING TO PHASE I OF THE GROUNDWATER RECOVERY PLANT (340.20)
Project Description: On September 3, 2002, the Capistrano Valley Water District
Board of Directors approved a Service Contract with ECO Resources, Inc. to
design, build and operate Phase I of the Ground Water Recovery Plant. The Project
will be financed through the San Juan Basin Authority. Prior to the issuance of debt
by the San Juan Basin Authority, the District will be incurring costs associated with
its obligations under the Service Contract. Staff recommends that the Board of
CVWD Minutes 2 10-1-02
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Directors adopt a resolution approving the District's Intention to Issue Tax -Exempt
Obligations related to the Phase I of the Ground Water Recovery Plant.
Written Communication: Report dated October 1, 2002, from Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
Director Swerdlin indicated he would not support the recommendation due to his
concern with the project.
Board Action: Moved by Director Hart, Seconded by Vice Chairman Gelff, and
carried, 3-1-1, to adopt Resolution No. CVWD 02-10-01-02 approving the
District's intention to issue tax-exempt obligations relating to Phase I of the Ground
Water Recovery Plant.
ROLL CALL
AYES: DIRECTORS:
NOES: DIRECTORS
ABSENT: DIRECTORS
BOARD ACTIONS: None
ADJOURNMENT
Hart, Vice Chairman Gelff and Chairman
Bathgate
Swerdlin
Campbell
There being no further business, Chairman Bathgate adjourned the meeting at 9:25 p.m.
to An Adjourned Regular meeting, 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.
Respertfully subm' e
L
GARET R. MONAHAN, CLERK OF THE BOARD
proved: November 5, 2002
ATTEST:
CHAIRMAN BATHGA
CVWD Minutes 3
10-1-02
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 November 5, 2002, adjourned said meeting to Tuesday, November 19, 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: November 5, 2002
L
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 November 5, 2002 within 24 hours of adjournment of the above-named
meeting.
I declare under penalty of perjury that the foregoing is true and correct.
aret R. Monahan, City Clerk
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