98-0324_CVWD_Minutes_Special Meeting045
MARCH 24, 1998
SPECIAL MEETING OF THE CAPISTRANO VALLEY WATER DISTRICT
BOARD OF DIRECTORS
The Special Meeting of the Board of Directors of the Capistrano Valley Water District was called to
order by Chairman Jones, at 4:30 p.m, in the City Council Chamber.
ROLL CALL: PRESENT: Gil Jones, Chairman
Collene Campbell, Director (arrived at 4:33 p.m.)
Wyatt Hart, Director
John Greiner, Director
ABSENT: David M. Swerdlin, Vice Chairman
STAFF PRESENT: George Scarborough, General Manager; Cheryl Johnson, Clerk of the Board;
Cynthia L. Pendleton, Administrative Services Director; Amy Amirani, Public Works Director; Bob
Clark, District Engineer.
ORAL COMMUNICATIONS - None
BOARD ACTIQNS
I. APPR VAL OF "SAN JUAN BASIN AUTHORITY - CAPISTRANO VALLEY
WATER DISTRICT AND CITY OF SAN JUAN CAPISTRANO AMENDMENT
TO AGREEMENT" - SAN JUAN CREEK BASIN WATER RIGHTS (600.70)
Written Communications:
Report dated March 24, 1998, from the Public Works Director, advising that on
November 21, 1995, the Water District, the City -and the San Juan Basin Authority had signed
an agreement designed to protect the District's and the City's water rights and groundwater
production facilities from potential impacts of the San Juan Basin Authority's proposed
Desalination Plant, also known as Project Committee No. 4. At the time of approval, only
the members of Project Committee No. 4 were bound by the agreement. Since that time the
water rights situation had changed. It was recommended that all members of the San Juan
Basin Authority should be bound by the November, 1995 agreement and the Report
forwarded an Amendment to that Agreement. The Report further advised that the District
and the City had requested that the State Regional Water Quality Control Board, Division of
Water Rights, give the District/City application to appropriate their current and projected
groundwater supplies (2,900 acre feet annually for the District and 425 acre feet annually for
the City) from the San Juan Creek, Trabuco Creek and their tributaries (identified as the San
Juan Basin) priority over all other applications pending on the San Juan Basin. Assurances
had been negotiated from the San Juan Basin Authority and the Capistrano Beach Water
District that the District's and the City's entitlements would be preserved; therefore, staff
recommended the request for priority be withdrawn.
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The Public Works Director made an oral report.
Approval of Agreement Amendment/Letter Withdrawing Priority ReQ1&-s :
It was moved by Director Hart, seconded by Director Greiner and unanimously carried to
approve the San Juan Basin Authority - Capistrano Valley Water District and City of San
Juan Capistrano Amendment to Agreement; and, to authorize the Chairman to sign the letter
to the State Water Resources Control Board requesting the withdrawal of the District's and
City's requested priority over all other applications pending on the San Juan Basin.
2. ADOPTION OF RESOLUTION SUPPORTING THE MEMBERSHIP OF
APISTRANO BEACH WATTER DISTRICT IN THE SAN BIAN BASIN
AUTHORITY AND THE RATIFICATION OF THE PROTEST SETTLEMENT
AGREEMENT BETWEEN SAN JUAN BASIN A THORITY AND
CAPISTRANO BEACH WATER DISTRICT (600.7011050.60
Written Communications:
Report dated March 24, 1998, from the Public Works Director, advising that while the
Capistrano Beach Water District was one of the founding members of the San Juan Basin
Authority in 1971, the District had withdrawn from the San Juan Basin Authority in 1987.
The Capistrano Beach Water District had asked to rejoin the San Juan Basin Authority and
a Resolution of support was forwarded for consideration. The Report further advised that
the San Juan Basin Authority had filed an application with the State Water Resources Control
Board to appropriate water rights for their demineralization project; that application had been
protested by the Capistrano Beach Water District, The Capistrano Beach Water District
subsequently filed an application with the State Board for a similar project; their application
was protested by the San Juan Basin Authority. The Report forwarded a protest settlement
agreement between the Basin Authority and the Capistrano Beach Water District for
ratification by the Basin Authority Members. The Agreement provided that the Capistrano
Beach Water District would participate in Basin Management, known as Project Committee
No. 10, and the General Fund only. The Capistrano Beach Water District demineralization
project will be separate from the Basin Authority's project and the allocation of water from
the Basin Authority project will not include the Capistrano Beach Water District.
The Public Works Director made an oral report.
Supporting Membership in Authority/Ratifving Protest Settlement Agreement:
It was moved by Director Hart, seconded by Director Greiner that the following Resolution
supporting the Capistrano Beach Water District membership in the San Juan Basin Authority
be adopted and that the Protest Settlement Agreement Between San Juan Basin Authority and
Capistrano Beach Water District be ratified:
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U.SOLUTION NO, CVWD 98-3-24-1. APPROVINQMFMRFRSHIP OF
CAPISTRANO BEACH WATER DISTRICT IN SAN JUAN BASIN
AUTHORITY - A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CAPISTRANO VALLEY WATER DISTRICT, ORANGE
COUNTY, AUTHORIZING AN ADDENDUM TO THE JOINT
EXERCISE OF POWERS AGREEMENT CREATING THE SAN JUAN
BASIN AUTHORITY, APPROVING CAPISTRANO BEACH WATER
DISTRICT AS A MEMBER OF THE AUTHORITY
The motion carried by the following vote:
AYES: Directors Greiner, Hart, Campbell and Chairman Jones
NOES: None
ABSTAIN: None
ABSENT: Director Swerdlin
ADJQURNMENT
There being no further business before the Board, the meeting was adjourned at 4:35 p.m., to the next
regular meeting date of Tuesday, May 5, 1998 p.m at 5:30 p.m., in the City Council Chamber.
Respectfully submitted,
F 1111111
rpCLEkK OF THE BOARD
ATTEST:
G -I S, CHAIRMAN
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