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98-1201_CVWD_Minutes_Regular Meeting1 DECEMBER 1, 1998 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT CLOSED SESSION (610. -None RECESS UNTIL 7:00 F.M. BUSINESS SESSION The Regular Meeting of the Board of Directors of the Capistrano Valley Water District was called to order by Chairman Jones at 8:06 p.m. in the City Council Chamber. ROLL CALL: PRESENT: Gil Jones, Chairman Collene Campbell, Director Wyatt Hart, Director John Greiner, Director David M. Swerdlin, Vice Chairman ABSENT: None STAFF PRESENT: George Scarborough, General Manager; Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Cheryl Johnson, Clerk ofthe Board; Cynthia L. Russell, Administrative Services Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Community Services Director; Lt. Bill Leonard, Orange County Sheriff's Department; and Bonnie Sanchez, Recording Secretary. CONSENT CALENDAR It was moved by Director Jones, seconded by Director Swerdlin that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Directors Swerdlin, Greiner, Hart, Campbell and Chairman Jones NOES: None ABSENT: None 1. APPROVAL OF CAPISTRANO VALLEY WATER DISTRICT MINUTES - NOVEMBER 3, 1998 The Minutes of the Regular Meeting of November 3, 1998, were approved as submitted. CVWD Minutes -1- 12/1/98 082 2. APPROVAL OF BUDGET AMENDMENT RELATING TO STATE HIGHWAY UTILITY AGREEMENT NO. 12570 - ORTEGA HIGHWAY OVERLAY (SR74) DEPARTMENT OF TRANSPORTATION 330. d As set forth in the Report dated December 1, 1998, from the Director of Engineering and Building, the Budget Amendment to reimburse Caltrans for removal/replacement and adjustment of water valve covers in conjunction with the Ortega Highway pavement rehabilitation project, at a total cost of $18,318.13, appropriated from Account 50-62434- 4461, was approved; and Staff was authorized to process the Budget Amendment on behalf of the District. The overlay project extended from 1,400 feet east of the I-5 freeway to 1,500 feet east of Avenida Siega. APPROVAL OF CONSTRUCTION AGREEMENT - RECOATING OF MISSION HILLS RESERVOIR (ROBISON-PREZIOSO, INC.) (600.70) As set forth in the Report and Memorandum, both dated December 1, 1998, from the Public Works Director, the agreement for recoating of the Mission Hills Reservoir was awarded to Robison-Prezioso, Inc., at $99,960. The Chairman was authorized to sign the agreement following receipt of all insurance, bonds and documentation. 4. APPROVAL OF AGREEMENT FOR ANNUAL AUDIT SERVICES WITH DIEHL, EVANS & COMPANY FOR FISCAL YEAR ENDING JUNE 30,199 (DIEHL EVANS)(600.70) As set forth in the Report dated December 1, 1998, from the Administrative Services Director, a one-year agreement for annual audit services was approved with Diehl, Evans & Company to perform the 1997-98 fiscal year audit at a cost of $5,500. BOARD ACTIONS 1. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE SAN JUAN BASIN AUTHORITY AND RECEIVE AND FILE THE GROUNDWATER RECOVERY PROGRAM AGREEMENT (600.70) Written Communications: Report dated December 1, 1998, from the Public Works Director, advising that the San Juan Basin Authority's Desalter Project had been approved by the Metropolitan Water District as a qualifying Groundwater Recovery Program project. However, compliance with the Groundwater Recovery Program agreement could interfere with the extraction of water by the Capistrano Valley Water District. The Groundwater Recovery Program Agreement had been approved by the San Juan Basin Authority in October; items in the Agreement that required further clarification were addressed through a Memorandum of Understanding with participating agencies. The Memorandum of Understanding allocated financial obligations and established terms and conditions that would ensure that the operations of the Desalter Project would be maintained in compliance with the Groundwater Recovery Program CVWD Minutes -2- 12/1/98 083 Agreement. It also ensured compliance with a 1995 agreement between the District, the Basin Authority and City which set forth a process to remedy any impairment of the District's groundwater extraction caused by operation of the Desalter Project. The Report recommended that the Memorandum of Understanding be approved and the Groundwater Recovery Program Agreement for the Desalter Project be received and filed. Amy Amirani, Public Works Director, made an oral presentation highlighting various conditions of the Memorandum of Understanding. Ayyroval of Memorandum of Understanding/Receive and File Groundwater Recover. Program It was moved by Director Jones, seconded by Director Campbell and unanimously carried that the Memorandum of Understanding by and among the Moulton Niguel Water District, the Santa Margarita Water District and the San Juan Basin Authority be approved. The Groundwater Recovery Program Agreement was ordered received and filed. JOINT CITY COUNCIL AND CAPISTRANO VALLEY WATER DISTRICT REORGANIZATION (CONDUCTED AT BEGINNING OF CITY COUNCIL MEETING) 1. SELECTION OF CAPISTRANO VALLEY WATER DISTRICT CHAIRMAN AND VICE CHAIRMAN (1050.10) Written Communications: Report dated December 1, 1998, from the Clerk of the Board. Selection of Chairman (Jones): Mayor Greiner opened nominations for Chairman of the Capistrano Valley Water District. Director Campbell nominated Director Greiner for Chairman. There being no further nominations, it was moved by Director Campbell, seconded by Director Swerdlin, and unanimously carried that Director Greiner be selected as Chairman for a one -year -term ending December 7, 1999. At the conclusion of the City Council meeting, it was moved by Director Campbell, seconded by Director Swerdlin and unanimously carried to rescind previous selection and to select Director Jones to serve as Chairman of the Water District for the one-year term. Selection of Vice Chairman (Greiner): Chairman Greiner opened nominations for Vice Chairman. Director Jones nominated Director Swerdlin for Vice Chairman. There being no further nominations, it was moved by Director Jones, seconded by Director Campbell and unanimously carried that Director Swerdlin be selected as Vice Chairman for a one-year term ending December 7, 1999. At the conclusion of the City Council meeting, it was moved by Director Campbell, seconded by Director Swerdlin and unanimously carried to rescind previous selection and to select Director Greiner to serve as Vice -Chairman of the Water District for the one-year term. C V WD Minutes -3- 12/1/98 084 ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 8:10 p.m., to the next regular meeting date of Tuesday, January 5, 1999, at 5:30 p.m., in the City Council Chamber. ATTEST: i GIL/ JON, CHAVkMA CVWD Minutes Respectfully submitted, (?IM,4 (Lk4ja w� CHERYL JO ON, OTY CLERK -4- 12/1/98