02-1015_CVWD_Minutes_Adjourned Regular Meeting1
1
MINUTES
October 15, 2002
CAPISTRANO VALLEY WATER DISTRICT
BOARD OF DIRECTORS
Adjourned Regular Meeting
CLOSED SESSION (510_85) - None
Chairman Bathgate called the Regular Meeting of the Board of Directors of the
Capistrano Valley Water District to order at 10:55 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; Thomas
Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Amy
Amirani, Public Works Director; Al King, Jr., Community Services Director; Lt. J.B.
Davis, Chief of Police Services; and, Dawn Schanded, Deputy City Clerk
CONSENT CALENDAR
IMPROVEMENT AND REIMBURSEMENT AGREEMENT WITH KB HOMES
COASTAL INC., FOR WATER FACILITIES AND LOT LINE ADJUSTMENT NO.
02-15858-13 WITH ALIPAZ COMMUNITY ASSOCIATION (TRACTS 15858 &
15998) (CIP No. 782) CONTINUED TO THE MEETING OF NOVEMBER 5, 2002
(600.70)
Written Communications: Report and Supplement Report dated October 15,
2002, prepared by Amy Amirani, Public Works Director
This item was continued to allow staff to consider additional information received
from KB Homes.
CVWD Minutes 1 10-15-02
BOARD ACTIONS:
C1. RESOLUTION NO. CVWD 02-10-15-01 ADOPTED APPROVING PROJECT
IMPLEMENTATION AGREEMENT AND OPERATING LEASE AGREEMENT
WITH SAN JUAN BASIN AUTHORITY (PHASE I OF THE GROUND WATER
RECOVERY PLANT) (600.70)
Project Description: On September 3, 2002, the Board of Directors of the
Capistrano Valley Water District approved a Service Contract with ECO
Resources, Inc. to design, build and operate the Ground Water Recovery Plant
project. The District must assure that the Project (a) be allocated necessary
water rights to enable 4,800 acre-feet of production, (b) receive the entire benefit
of the Metropolitan Water District subsidy, and (c) be able to operate and take
potable water from the Project for as long as the District deems it feasible. The
Staff recommendation includes approval of the Project Implementation
Agreement that is required under the San Juan Basin Authority 1998 MOU, in
order to allocate interest in the project water rights to each of the participating
members; and, approval of the Operating Lease Agreement with the San Juan
Basin Authority that provides for the District to operate and take water from the
Project for 55 years.
Written Communications: Report dated October 15, 2002, prepared by George
Scarborough, General Manager.
Council Comment: Council Member Swerdlin stated he did not support the
project as he felt that associated risks were high.
Board Action: Moved by Director Hart, seconded by Vice Chairman Gelff and
carried unanimously, 4-1, to approve Resolution No. CVWD 02-10-15-01
entitled " A RESOLUTION OF THE CAPISTRANO VALLEY WATER DISTRICT
AUTHORIZING AN OPERATING LEASE AND A PROJECT IMPLEMENTATION
AGREEMENT WITH SAN JUAN BASIN AUTHORITY AND AUTHORIZING THE
EXECUTION THEREOF AUTHORIZING CERTAIN ACTIONS IN CONNECTION
THEREWITH."
ROLL CALL
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSTAIN: DIRECTORS:
Campbell, Hart, Vice Chairman Gelff and
Chairman Bathgate
Swerdlin
None
CVWD Minutes 2 10-15-02
2. RESOLUTION NO. CVWD 42-10-15-02 ADOPTED APPROVING CERTAIN
DOCUMENTS AND AUTHORIZING CERTAIN ACTS IN CONNECTION WITH
ISSUANCE AND SALE OF NOT TO EXCEED $32,000,000 OF LEASE
REVENUE BONDS BY THE SAN JUAN BASIN AUTHORITY TO FINANCE
PHASE I OF THE GROUND WATER RECOVERY PLANT (340.30)
Project Description: On September 3, 2002, the Board of Directors approved a
Service Contract with ECO Resources, Inc. to design, construct and operate
Phase I of the San Juan Basin Authority Ground Water Recovery Plan. Upon
approval of the Implementation Agreement and Operating Lease (Item CVWD
Cl), the San Juan Basin Authority will move forward with the issuance of Lease
Revenue Bonds to finance the project. Staff recommends the Board o; Directors
approve certain documents and authorize certain acts in connection with the
issuance and sale of approximately $32,000,000 of Lease Revenue Bonds.
Written Communications: Report dated October 15, 2002, prepared by Cynthia L.
Russell, Administrative Services Director.
Council Comment: Council Member Swerdlin stated he did not support the
project due to the high risk.
Board Action: Moved by Director Hart, seconded by Vice Chairman Gelff and
carried unanimously, 4-1, to approve Resolution No. CVWD 02-10-15-02
entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CAPISTRANO VALLEY WATER DISTRICT APPROVING A LEASE
AGREEMENT WITH THE SAN JUAN BASIN AUTHORITY AND AN
INSURANCE AND INDEMNITY AGREEMENT RELATING TO THE ISSUANCE
AND SALE OF NOT TO EXCEED THIRTY-TWO MILLION DOLLARS
($32,000,000) PRINCIPAL AMOUNT OF LEASE REVENUE BONDS BY THE
SAN JUAN BASIN AUTHORITY AND APPROVING CERTAIN DOCUMENTS
AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH."
ROLL CALL
AYES: DIRECTORS: Campbell, Hart, Vice Chairman Gelff and
Chairman Bathgate
NOES: DIRECTORS: Swerdlin
ABSTAIN: DIRECTORS:
None
CVWD Minutes 3 10-15-02
ADJOURNMENT
There being no further business, Chairman Bathgate adjourned the meeting at 10:56
p.m. to a Regular meeting, Tuesday, November 5, 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 submitte ,
moi( i r ! I I r C.- c-, Ll\'-�
R. MONAHAN, CLERK OF THE BOARD
Approved: November 19, 2002
ATTEST:
CVWD Minutes 4 10-15-02