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02-1105_CVWD_Minutes_Regular Meeting1 MINUTES November 5, 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 7:28 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; Al King, Jr., Community Services 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, 5-0, to approve items 1 through 5 as recommended by Staff. MINUTES FROM THE REGULAR MEETING OF OCTOBER 1, 2002, APPROVED AS SUBMITTED. 2. RESOLUTION NO. CVWD 02-11-05-01 ADOPTED ENTITLED "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, AUTHORIZING THE EXECUTION OF LOT LINE ADJUSTMENT, RELATED TITLE TRANSFER, AND ACCEPTANCE OF ASSIGNMENT OF DECLARANT RIGHTS FOR PARCEL B (ALIPAZ COMMUNITY ASSOCIATION) (TRACT 15858) (LLA 02-15858-13);" AND, CHAIRMAN AUTHORIZED TO EXECUTE THE DOCUMENTS. (420.50) CVWD Minutes 11-5-02 3. IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER FACILITIES APPROVED WITH KB HOME COASTAL INC., IN THE AMOUNT OF $9,672.13 FOR TRACTS 15858 AND 15998; CHAIRMAN AUTHORIZED TO EXECUTE THE AGREEMENT ON BEHALF OF THE DISTRICT; AND CITY CLERK DIRECTED TO PROCESS RECORDING OF THE DOCUMENT. (600.70) (CONTINUED FROM OCTOBER 15, 2002) 4. PAYMENT OF FEES FOR HABITAT LOSS MITIGATION PLAN MEASURES FOR THE TERMINAL RESERVOIR NO. 2 PROJECT APPROVED IN THE AMOUNT NOT TO EXCEED $19,000 PAYABLE TO THE NATURE CONSERVANCY; AND, $19,000 APPROPRIATED FROM THE WATER CAPITAL IMPROVEMENT FUND TO CIP NO. 753. (530.25) 5. AMENDMENT NO. 2 APPROVED TO THE AGREEMENT WITH CAMP DRESSER & MCKEE INC., IN THE AMOUNT OF $92,854.40 FOR THE TERMINAL RESERVOIR NO. 2 STRUCTURAL AND GEOTECHNICAL INVESTIGATION PROJECT; AND, $92,854.40 APPROPRIATED FROM THE WATER CAPITAL IMPROVEMENT FUND TO CIP NO. 753. (600.70) 6. RESOLUTION NO. CVWD 02-11-05-02 ADOPTED ENTITLED "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT; AUTHORIZING THE EXECUTION AND DELIVERY OF A QUITCLAIM DEED IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS BY THE SAN JUAN BASIN AUTHORITY (GROUND WATER RECOVERY PLANT) (TIRADOR WELL SITE, #1 WELL SITE, SJBA #2 AND #4 WELL SITES)." (670.55) Description: The Tirador Wellsite, CVWD #1 Well Site, SJBA #2 and #4 are currently owned by the District. At some time in the future all property owned by the District will be transferred to the name of the City as part of the final District dissolution into a Water Enterprise Fund of the City. Staff recommends quitclaiming these sites in connection with the issuance of up to $32 million of Lease Revenue Bonds by the San Juan Basin Authority pertaining to the Phase 1 of the Ground Water Recovery Plan project. Written Communication: Report dated November 5, 2002, from Cynthia L. Russell, Administrative Services Director. Board Comments: Director Swerdlin stated he would not support the project due to the associated risks. Board Action: Moved by Campbell, seconded by Director Hart and carried 4-1 to adopt Resolution No. CVWD 02-11-05-01 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT CVWD Minutes 2 11-5-02 1 AUTHORIZING THE EXECUTION AND DELIVERY OF A QUITCLAIM DEED IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS BY THE SAN JUAN BASIN AUTHORITY (GROUND WATER RECOVERY PLANT) (TIRADOR WELL SITE, #1 WELL SITE, SJBA #2 AND #4 WELL SITES)." ROLL CALL AYES: COUNCIL MEMBERS: Hart, Campbell, Vice Chairman Gelff and Mayor Bathgate NOES: COUNCIL MEMBERS: Swerdlin ABSTAIN: COUNCIL MEMBERS: BOARD ACTIONS: None ADJOURNMENT None There being no further business, Chairman Bathgate adjourned the meeting at 7:29 p.m. to an Regular meeting, Tuesday, December 3, 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, ET R. MONAHAN, CLERK OF THE BOARD Approved: December 3, 2002 ATTEST: M CHAIRMAN: CVWD Minutes 3 11-5-02