I hereby certify that the following agenda

was posted at least 72 hours prior to the time

of the meeting so noticed below at 24251 Los

Alisos Boulevard, Lake Forest, California.

 

                                                                                                                                               

ROBERT R. HILL, Assistant Secretary of the                                                                                                        

El Toro Water District and the Board of

Directors thereof                                            

 

AGENDA

 

EL TORO WATER DISTRICT

REGULAR MEETING OF THE BOARD OF DIRECTORS

AND

PLAN ADMINISTRATOR MEETING

 
July 28, 2005

8:00 A.M.

 

CALL MEETING TO ORDER –President Martin

 

PLEDGE OF ALLEGIANCE – Director Goldman

 

ORAL COMMUNICATIONS/PUBLIC COMMENTS

 

Members of the public may address the Board at this time or they may reserve this opportunity with regard to an item on the agenda, until said item is discussed by the Board.  Comments on other items will be heard at the time set aside for “DIRECTORS COMMENTS/NON-AGENDA ITEMS.”  The public will identify themselves when called on, and limit their comments to three minutes.

 

PRESENTATION OF AWARDS, RECOGNITIONS AND INTRODUCTIONS

a.      Service Awards

 

There are no Awards.

 

b.      Continuing Education & Training, Degree and Certification Program acknowledgement -

There are no acknowledgements.

c.      Special District/Employee Association and Community Award acknowledgement

 

There are no acknowledgements.

 


 

CONSENT CALENDAR

 

(All matters under the Consent Calendar will be approved by one motion unless a Board member or a member of the public requests, separate action or discussion on a specific item)

 

1.         Approval of Minutes (Minutes Included)

 

Approve minutes for the June 6, 2005, June 13, 2005 and June 23, 2005 El Toro Water District Board of Directors meetings and Plan Administrator.

 

APPROVAL OF ITEMS RECOMMENDED FOR APPROVAL BY THE ENGINEERING, AND FINANCE/INSURANCE COMMITTEES (FIC): (Reference Material for the Action and Informational Items is included in the agenda package for the July 26, 2005 FIC and Engineering Meeting)

 

a.      Approve minutes for the June 21, 2005 Engineering and Finance/Insurance Committee meeting.

 

b.      Approve, ratify and confirm payment of those bills set forth in the schedule of Bills for Consideration dated July 26, 2005, and receive and file Financial Statements through June 30, 2005.

 

c.      Approve the South Orange County Wastewater Authority 2005/06 Fiscal Year Budget.

 

d.      Approve the South Coast Water District Joint Regional Water Supply System 2005/06 Fiscal Year Budget.

 

e.      Approve SCAP Membership for 2005/06.

 

f.        Approve the FSEA Financial Contribution for Fiscal Year 2005/06.

 

ENGINEERING AND FINANCE/INSURANCE COMMITTEE (FIC) GENERAL INFORMATION ITEMS TO BE RECEIVED AND FILED

 

g.   El Toro Water District Capital Project Status Report

 

h.   Engineering Items Discussed at Various Conferences and Meetings

 

i.    Quarterly Insurance Report Update

 

j.    California Special District Association (CSDA) Membership.

 


APPROVAL OF ITEMS REMOVED FROM TODAY’S CONSENT CALENDAR

 

The Board will discuss items removed from today’s Consent Calendar requiring further discussion.

 

Recommended Action: The Board will be requested to approve the items removed from today’s consent Calendar.

 

 

PLAN ADMINISTRATOR MEETING

JULY 28, 2005

 

At this time President Martin will call the meeting of the Plan Administrator of the El Toro Water District's Retirement Savings Plan Agreement to order to consider the following Action and Informational Items:

 

PLAN ADMINISTRATOR ACTION ITEM

 

2.         Adopting Amendment No. 3 to the El Toro Water District Retirement Savings Plan (Resolution No. 05-7-1) (Reference Material Included)

 

The Board of Directors has previously established the El Toro Water District Retirement Savings Plan (Plan) to provide benefits for its employees and their beneficiaries.  Amendment No. 3 permits immediate payment to alternate payees even if the participant is not currently eligible to receive a distribution from the Plan.

 

Recommended Action:  The Plan Administrator recommends that the Board of Directors of the El Toro Water District consider adopting Amendment No. 3 (Resolution 05-7-1) to the El Toro Water District Retirement Savings Plan in the form and content reviewed today.

 

PLAN ADMINISTRATOR INFORMATION ITEMS

 

3.         Quarterly Review of Pension Plan Performance (Reference Material Included)

            Representatives from First American Trust Company will review and comment on the Investment Policies and the performance of ETWD’s Retirement Savings Plan and Trust Agreement.

 

CLOSE PLAN ADMINISTRATOR MEETING

 

At this time the Plan Administrator meeting will close.

 

REGULAR SESSION

 

Recommended Action:  The Board of Directors will consider the Plan Administrator’s recommendation to adopt Amendment No. 3 to the El Toro Water District Retirement Savings Plan (Resolution No. 05-7-1)

 

 


RESOLUTION NO. 05-7-1

 

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE EL TORO WATER DISTRICT

ADOPTING AMENDMENT NO. 3 TO THE EL TORO WATER DISTRICT

RETIREMENT SAVINGS PLAN

 

 

GENERAL MANAGER ACTION ITEMS

 

4.         Adopting Amended Objectives, Criteria and Procedures Implementing the California Environmental Quality Act (CEQA) Guidelines (Resolution No. 05-7-2) (Reference Material Included)

 

Staff will comment on amendments to CEQA Guidelines and Resolution No. 05-7-2 adopting same.  CEQA requires all public agencies to adopt objectives, criteria and procedures for the evaluation of public and private projects undertaken or approved by said agency, and the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation.

 

Recommended Board Action: Staff recommends that the Board of Directors consider adopting Resolution No. 05-7-2 setting forth amended guidelines for implementing the California Environmental Quality Act.

 

RESOLUTION NO. 05-7-2

 

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE EL TORO WATER DISTRICT AMENDING AND

ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

(PUB. RESOURCES CODE §§ 21000 ET SEQ.)

 

5.         Pension Plan Investment and Trust Agreement Between El Toro Water District and Union Bank of California (UBOC) (Reference Material Under Separate Cover)

 

            Staff and District Legal Counsel will review and comment on the draft Investment Policy Structure and the final draft Pension Plan Investment and Trust Agreement between El Toro Water District and UBOC.

 

            Recommended Board Action:  Staff recommends that the Board of Directors authorize the President and Secretary to enter into an agreement with UBOC for Pension Plan Investment and Trust Services related to the District’s Employee 401k and 457 Retirement and Savings Plan.  Execution of the agreement will be subject to approval by District Legal and ERISA Counsel.

 

6.         Resolution Approving an Alternative Formula For Distributing LAFCO Fees Among The Independent Special Districts In Orange County (Resolution No. 05-7-3) (Reference Material Included)

 

Staff will review and comment on Resolution No. 05-7-3 which supports continued use of the alternative formula developed by the Independent Special Districts of Orange County (ISDOC) for apportioning special districts' obligation to fund Orange County's Local Agency Formation Commission (LAFCO) operational costs.  On April 17, 2001, ISDOC adopted an alternative formula which has been used to distribute LAFCO costs among independent special districts.  In the case of special districts, an alternative formula requires approval by a majority of the districts representing a majority of their combined populations.

 

Recommended Board Action:  Staff recommends that the Board of Directors consider adopting Resolution No. 05-7-3 supporting the continued use of the alternative formula developed by ISDOC for apportioning special districts' obligation to fund OCLAFCO operational costs.

 

RESOLUTION NO. 05-7-3

 

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE EL TORO WATER DISTRICT,

APPROVING AN ALTERNATIVE FORMULA FOR DISTRIBUTING LAFCO FEES

AMONG THE INDEPENDENT SPECIAL DISTRICTS IN ORANGE COUNTY

 

GENERAL MANAGER INFORMATION ITEMS

 

7.         General Manager’s Monthly Report (Report Included)

 

Mr. Hill will review and comment on the General Manager’s Monthly Report.

 

8.         Orange County Regional Surface Water Compliance and Funding Program (Oral Report)

 

            Staff will review and comment on the County of Orange efforts to develop a regional approach to complying with surface/storm water quality requirements.  Stakeholders in the process include the County, Cities, Special Districts and Non-Governmental Organizations (NGOs).  Current discussions invision the County as the umbrella/oversight agency with three Watershed Management Areas being developed within the county to coordinate and carry out applicable compliance activities.  Of significant importance is the selection of a revenue mechanism which would fund initial and ongoing compliance solutions.

 

9.         Water Conservation Report and Public Outreach Program

(Reference Material Included)

 

a.   Staff will comment on ETWD’s Water Conservation monthly status report.

 

b.   Staff will comment on ETWD’s Public Outreach Program.

 

10.       SOCWA Reports (Reference Material Included)

 

a.      SOCWA Finance Committee Meeting – July 19, 2005

 

b.      SOCWA Letter to Region 9 Executive Officer Regarding Potential NPDES Permit Amendments

 

11.       MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) Report

(Reference Material Included)

 

a.      MWDOC Planning and Operations Committee – July 5, 2005

b.      Administration & Finance Committee – July 13, 2005

c.      MWDOC Board of Directors Meeting – July 20, 2005 (Oral)

d.      MWDOC General Manager’s Meeting –July 28, 2005

 

12.       LOCAL AGENCY FORMATION COMMISSION (LAFCO) REPORT

(Reference Material Included)

 

a.   Report on July 13, 2005 LAFCO Meeting.

 

13.       City COORDINATION EFFORTS (Reference Material Included)

 

a.      City of Lake Forest Utility Coordination Meeting –  July 13, 2005

 

b.      City of Laguna Woods Water Quality Committee Meeting - July 13, 2005 – ETWD Facility Tour

 

ATTORNEY REPORT

 

OPEN SESSION

 

Mr. Granito will report on pending legislation and/or legal matters of general interest to public agencies.

 

CLOSED SESSION

 

At this time the Board President will call for a Closed Session to confer with Legal Counsel and the General Manager pursuant to Government Code Section 54956 (b) (1) – Potential litigation – 1 matter.

 

OPEN SESSION

 

REPORT ON CLOSED SESSION (General Counsel)

 

            Mr. Granito will provide an oral report on the Closed Session.

 

REGULAR SESSION

 

COMMITTEE AND GENERAL INFORMATION

 

14.       Computer Committee Report (Oral)

 

The Committee and staff will provide a report on their meeting(s).

 

15.       Dates to Remember for July/August (Reference Material Included)

 

16.       Carry-Over Pending Matters (Reference Material Included)

 

DIRECTOR COMMENTS/NON-AGENDA ITEMS

 

ADJOURNMENT

 

Recommended Board Action: The Board will be requested to take action adjourning today’s Board meeting to Thursday, August 25, 2005 at 8:00 A.M. at the El Toro Water District, 24251 Los Alisos Boulevard, Lake Forest, California.

 

Request for Disability-Related Modifications or Accommodations

 

If you require any disability-related accommodation, including auxiliary aids or services, in order to participate in this public meeting, please telephone the District's Recording Secretary, Carolyn Adams at (949) 837-7050, extension 225 at least forty-eight (48) hours prior to said meeting.  If you prefer, your request may be submitted in writing to El Toro Water District, P.O. Box 4000, Laguna Hills, California 92654, Attention: Carolyn Adams.