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

PUBLIC HEARING

 

MARCH 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.

 

1.                  PROPOSED WATER CONSERVATION & WATER SUPPLY SHORTAGE ORDINANCE (ORDINANCE NO. 2009-1) (Reference Material Included)

 

Staff will review and comment on the proposed Water Conservation & Water Supply Shortage Ordinance (Ordinance No. 2009-1) which replaces the El Toro Water District’s Water Shortage Contingency Plan (Ordinance No. 2007-1) in it’s entirety.

 

OPEN PUBLIC HEARING

 

2.         PUBLIC HEARING REGARDING ADOPTION OF A WATER CONSERVATION & WATER SUPPLY SHORTAGE ORDINANCE (ORDINANCE NO. 2009-1) (Reference Material Included)

 

At this time the Board will conduct a Public Hearing to receive and consider public comments regarding the proposed adoption of Ordinance 2009-1.

 

PUBLIC COMMENT

 

The Public will be invited to comment on the necessity requiring the adoption of a water conservation ordinance in the form and content to be adopted.

 

CLOSE PUBLIC HEARING

 

            The Board President will close the Public Hearing at this time.

 

REGULAR SESSION

 

3.         Resolution No. 09-3-1 Adopting a Water Conservation & Water Supply Shortage Ordinance (Ordinance No. 2009-1) (Reference Material Included)

 

The Board will review Resolution No. 09-3-1 and consider taking action on same.

 

Recommended Board Action:  The Board will consider adopting Resolution No. 09-3-1, which Resolution adopts a Water Conservation & Water Supply Shortage Ordinance (Ordinance No. 2009-1) which replaces and rescinds El Toro Water District’s Water Shortage Contingency Plan (Ordinance No. 2007-1) in it’s entirety.

 

RESOLUTION NO. 09-3-1

 

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE EL TORO WATER DISTRICT

ADOPTING A WATER CONSERVATION &

WATER SUPPLY SHORTAGE ORDINANCE

(ORDINANCE NO. 2009-1)

WHICH REPLACES AND RESCINDS

EL TORO WATER DISTRICT’S

WATER SHORTAGE CONTINGENCY PLAN

(ORDINANCE NO. 2007-1)

IN IT’S ENTIRETY

 

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)

 

4.         Approval of Minutes (Minutes Included)

 

Approve minutes for the February 20, 2009 Special Board meeting, and the February 26, 2009 El Toro Water District Board of Director’s meeting and Plan Administrator meeting.

 

5.         Attendance at Conferences and Meetings

 

There were no requests.

 

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 March 24, 2009 Engineering/FIC Meeting)

 

a.      Consider approving minutes for the February 24, 2009, Engineering and Finance/Insurance Committee meeting and Plan Administrator meeting.

 

  1. Consider authorizing the President and General Manager to enter into a construction contract with 1) Process Systems Inc. in the amount of $249,260 for the Reservoir Management Systems; 2) T.A. Berschauer for the construction of the equipment building at the R-5 Reservoir site in the amount of $50,058; 3) KB Landscaping in the amount of $4,750 for the concrete floor preparation at the P-3 Pump Station; 4) Gilbert & Stearns in the amount of $14,500 for the site electrical work, and 5) Motoronics in the amount of $19,645 for the SCADA integration work.

 

  1. Consider authorizing the President and General Manager to enter into a Purchase Agreement with 1) Tuttle-Click Ford in the amount of $32,243.12 for the purchase of two Ford Rangers and with 2) Carmenita Truck Center in the amount of $21,672.97 for the purchase of one Ford F-150 pickup truck.

 

  1. Consider authorizing the District’s General Manager to amend the existing professional services contract with Dudek in the amount of $42,832 to provide design services for the Northline Sewer Lift Station Improvement Project.

 

e.      Consider approving, ratify and confirm payment of those bills set forth in the schedule of Bills for Consideration dated March 24, 2009, and receive and file Financial Statements through February 28, 2009.

 

  1. Consider approving renewing the District’s membership in the Southern California Alliance of Publicly Owned Treatment Works (SCAP) for 2009/10 in the amount of $3,372.00

 

  1. Consider approving renewing the District’s membership in the South Orange County Regional Chambers of Commerce Chairman’s Circle “Bronze” Sponsorship for 2009/10 in the amount of $5,000.00

 

  1. Consider authorizing the General Manager to place an order for a to be determined quantity of the magazine, “Water for Tomorrow”, for distribution to the District’s customers and use at special outreach/education events.

 

  1. Consider approving the California Asset Management Trust (CAMP) appointment by the Trust’s Board of Trustees of the seven Trustees for the ensuing year.

 

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

 

j.         El Toro Water District Capital Project Status Report

k.      Engineering Items Discussed at Various Conferences and Meetings

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

 

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.

 

DIRECTOR/COMMITTEE REPORTING

 

6.         Director Reports for Meetings Attended (Oral Report)

 

GENERAL MANAGER ACTION ITEMS

 

7.         Compensation of Directors (Oral Report)

 

The Board will perform their annual review regarding whether or not to schedule a Public Hearing for the purpose of modifying the compensation of each member of the Board.  General Counsel will comment on the legal procedures to modify the compensation of each member of the Board.

 

Recommended Board Action:  The Board will decide whether or not they wish to modify the compensation of Board members and if so, will (1) authorize General Counsel to prepare an appropriate Ordinance setting forth the desired increase, (2) schedule a Public Hearing to receive and consider public comments regarding proposed adoption of said Ordinance, and (3) authorize General Counsel to publish the required legal notices concerning the proposed adoption of said Ordinance.

 

8.         JPIA 2009 Executive Committee Member Election (Reference Material Included)

 

Staff will review and comment on the May 18, 2009 JPIA Executive Committee Member election to fill three positions, each for a three-year term. 

 

Recommended Board Action:  Staff recommends that the Board of Directors authorize President Martin to cast votes on behalf of El Toro Water District at the May 18, 2009 election for the appropriate candidates based upon the slate of approved candidates.  The approved slate of candidates will be mailed to JPIA members on or before May 4, 2009.

 

GENERAL MANAGER INFORMATION ITEMS

 

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

 

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

 

10.       Legislative Reports (Reference Material Included)

 

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

 

11.       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.

12.       SOCWA Reports (Reference Material Included)

 

a.      SOCWA Special Executive Committee Meeting – March 5, 2009

b.      SOCWA Engineering Committee Meeting – March 12, 2009

c.      SOCWA Finance Committee Meeting – March 17, 2009

d.      SOCWA Memo – Amendment to Recycled Water Order 94-03

 

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

(Reference Material Included)

a.      MWDOC General Managers Meeting – February 26, 2009

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

c.      MWDOC/MET Directors Meeting – March 4, 2009

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

e.      MWDOC Public Affairs Committee – March 16, 2009

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

 

14.       LOCAL AGENCY FORMATION COMMISSION (LAFCO) REPORT

 

a.   LAFCO meeting of March 11, 2009 (Reference Material Included)

b.   The ETWD MWDOC Governance Study Ad-Hoc Committee will provide a

     status report on the LAFCO study. (Oral Report)

 

15.       CITY COORDINATION EFFORTS (Reference Material Included)

                                                                                                                                                  

a.      Report of the City of Lake Forest Utility Coordination Meeting – March 4, 2009

 

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.  

 

(3)     to confer with the District’s real property negotiators, Robert Hill and Dennis Cafferty, pursuant to Government Code Section 54956.8 regarding ETWD’s acquisition of an easement to construct a pipeline to improve fire flow in the Reduced High Zone through a horse trail owned by the Aliso Viejo Community Association (Assessors Parcel Number 623-202-09, 10, 11 and 12).

 

REGULAR SESSION

 

REPORT ON CLOSED SESSION (General Counsel)

 

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

 

 

COMMITTEE AND GENERAL INFORMATION

 

16.       Computer Committee Report

 

            There were no meetings.

 

17.       Dates to Remember for March/April 2009 (Reference Material Included)

 

18.       Carry-Over Pending Matters

 

            There were no carryover items.

 

DIRECTOR COMMENTS/NON-AGENDA ITEMS

 

ADJOURNMENT

 

Recommended Board Action: The Board will be requested to take action adjourning today’s Board meeting to Thursday, April 23, 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