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

 

FEBRUARY 26, 2009
7:30 a.m.

 

CALL MEETING TO ORDER – President Martin

 

PLEDGE OF ALLEGIANCE – President Martin

 

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

 

No acknowledgement this month.

 

b.      Continuing Education & Training, Degree and Certification Program Acknowledgement

 

No acknowledgement this month.

 

c.   Special District/Employee Association/Community Award Acknowledgement and Employee Special Recognition

 

      No acknowledgement this month.

 

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 January 22, 2009 El Toro Water District Board of Director’s meeting.

 

2.         Attendance at Conferences and Meetings

 

The Board will consider authorizing Directors Martin, Goldman, Dudley, Kahn, Werner, Bob Hill, and Mike Grandy to attend the Association of California Water Agencies (ACWA/JPIA) Conferences being held May 19-22, 2009 in Sacramento, California.

 

APPROVAL OF ITEMS RECOMMENDED FOR APPROVAL BY THE ENGINEERING, FINANCE/INSURANCE (FIC) AND PERSONNEL COMMITTEES: (Reference Material for the Action and Informational Items is included in the agenda package for the February 26, 2008 Engineering/FIC Meeting)

 

a.      Consider approving the minutes for the January 20, 2009 Engineering and Finance/Insurance Committee meeting.

 

b.      Consider authorizing the General Manager to enter into a professional services agreement with SageView Advisory Group, LLC., in the amount of $15,000, the previously recommended Investment Advisor, to 1) to evaluate the 401(k) Investment Policy Statement and the Performance of the Four Age Based Investment Fund Portfolios; HighMark Investment Management Performance; the Current Investment Strategy; and to make  recommendations regarding a Future Investment Strategy, Portfolio Fund Allocations, Benchmarks and Investment Management, and 2) present findings and recommendations on all of the above to the Plan Administrator Committee at a future meeting.

 

c.      Consider approving, ratify and confirm payment of those bills set forth in the schedule of Bills for Consideration dated February 24, 2009, and receive and file Financial Statements through January 31, 2009.

 

d.      Consider adopting Resolution No. 09-2-1 Declaring the Official Intent to be Reimbursed for Certain Capital Expenditures from the Proceeds of Indebtedness (Baker Water Treatment Plant Project)

 

  1. Consider authorizing the General Manager and General Counsel to prepare and publish applicable notices to conduct a hearing at the regularly scheduled Board meeting of March 26, 2009 to consider public input regarding the proposed Conservation and Water Supply Shortage Ordinance No. 2009-1.

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

 

f.        Receive and File information on the Strand Ranch Water Banking Project

g.      El Toro Water District Capital Project Status Report

h.      Engineering Items Discussed at Various Conferences and Meetings

i.        Receive and File the Update on the District’s 2009/10 – 2013/14 Revenue Plan

j.         Receive and File Diehl, Evans & Company, LLP’s Quarterly Audit Report for October, November, and December 2008

 

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.

 

3.         LAFCO Presentation (Oral Report)

 

Representatives from LAFCO will be discussing current efforts of the LAFCO Commission.

 

PLAN ADMINISTRATOR MEETING

 

At this time President Martin will call the meeting of the Plan Administrator of the El Toro Water District’s 401(k) Retirement Savings Plan and Trust Agreement to order.

 

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

 

Representatives from HighMark will review and comment on the investment performance of the District’s 401(k) Retirement Plan Investment Report – Quarter ending December 31, 2008.

 

CLOSE PLAN ADMINISTRATOR MEETING

 

DIRECTOR/COMMITTEE REPORTING

 

5.         Director Reports for Meetings Attended (Oral Report)

 

GENERAL MANAGER ACTION ITEMS

           

6.         ETWD Draft Conservation and Water Supply Shortage Ordinance No. 2009-1 (Reference Material Included)

             

Staff will review and comment on a proposed Conservation and Water Supply Shortage Ordinance No. 2009-1(Ordinance 2009-1) which is intended to replace Ordinance No. 2007-1 in its entirety.  Draft Ordinance No. 2009-1 was prepared in response to the on-going water crisis facing California and the real potential for Metropolitan Water District of Southern California to declare a water supply shortage and implement water allocations to its Member Agencies.

 

Recommended ActionStaff recommends that the Board of Directors consider authorizing the General Manager and General Counsel to prepare and publish applicable notices to conduct a hearing at the regularly scheduled Board Meeting of March 26, 2009 to consider public input to adopt the proposed Conservation and Water Supply Shortage Ordinance No. 2009-1. 

 

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.         Legislative Reports (Reference Material Included)

 

Mr. Hill will review and comment on the Legislative materials.

 

9.         Public Education and Outreach/Water Conservation Report

(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 Board Meeting – February 5, 2009

b.      SOCWA Engineering Committee Meeting – February 12, 2009

c.      SOCWA Finance Committee Meeting – February 17, 2009

 

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

(Reference Material Included)

a.      MWDOC General Managers Meeting – January 22, 2009

b.      MWDOC Planning & Operations Meeting – February 2, 2009

c.      MWDOC/MWD Board Joint Meeting – February 4, 2009

d.      MWDOC Administration & Finance Committee – February 11, 2009

e.      MWDOC Public Affairs Committee – February 17, 2009

f.        MWDOC Board of Directors Meeting – February 18, 2009

 

12.       LOCAL AGENCY FORMATION COMMISSION (LAFCO) REPORT

(Reference Material Included)

 

a.   Report of the LAFCO meeting of February 11, 2009

13.       CITY COORDINATION EFFORTS

 

            There were no meetings.

 

ATTORNEY REPORT

 

CLOSED SESSION

 

At this time, the Board President will call for a Closed Session on the following matters:

 

(1)     to confer with the District's real property negotiator, Robert Hill,  pursuant to Government Code Section 54956.8 regarding ETWD’s proposal to acquire property (Assessors Parcel Number 616-021-26) from the Golden Rain Foundation (GRF) to accommodate the Northline Pump Station Improvement Project; and

 

(2)     to confer with the District’s General Counsel regarding existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9.

 

City of Laguna Woods versus Golden Rain Foundation of Laguna Woods, County of Orange, El Toro Water District, Municipal Water District of Orange County, Case No. 30-2009-00118338, Superior Court of California, County of Orange.  

 

OPEN SESSION

 

REPORT ON CLOSED SESSION (General Counsel)

 

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

 

COMMITTEE AND GENERAL INFORMATION

 

14.       Computer Committee Report

 

            There was no meeting.

 

15.       Dates to Remember for February/March 2009 (Reference Material Included)

 

16.       Carry-Over Pending Matters

 

            There are no carry-over pending matters.

 

DIRECTOR COMMENTS/NON-AGENDA ITEMS

 

ADJOURNMENT

 

Recommended Board Action: The Board will be requested to take action adjourning today’s Board meeting to Thursday, March 26, 2009 at 7:30 a.m.

at the El Toro Water District, 24251 Los Alisos Boulevard, Lake Forest, California.

 

The agenda material for this meeting is available to the public at the District's Administrative Office, which is located at 24251 Los Alisos Blvd., Lake Forest, Ca. 92630. If any additional material related to an open session agenda item is distributed to all or a majority of the board of directors after this agenda is posted, such material will be made available for immediate public inspection at the same location.

 

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, Polly Welsch 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: Polly Welsch