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
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
PLEDGE OF
ALLEGIANCE – Director Kahn
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.
a.
Service
Awards
President Martin will recognize and congratulate on behalf of the Board, Robert R. Hill, General Manager/Assistant Secretary, for 35 years of service with the District.
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.
(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 amended minutes for the El Toro Water District March 26, 2009 Board of Director’s meeting, minutes for the April 23, 2009 Board of Director’s meeting, and minutes for the May 4, 2009 Special Board meeting.
2. Attendance at
Conferences and Meetings
There were no requests for attendance.
APPROVAL OF ITEMS RECOMMENDED FOR APPROVAL BY THE ENGINEERING, FINANCE/INSURANCE (FIC): (Reference Material for the Action and Informational Items is included in the agenda package for the May 26, 2009 Engineering/FIC Meeting)
a. Consider
approving minutes for the April 21, 2009 Engineering and Finance/Insurance
Committee meeting.
d.
Consider approving, ratify and confirm payment
of those bills set forth in the schedule of Bills for Consideration dated May
26, 2009, and receive and file Financial Statements as of April 30, 2009.
ENGINEERING AND FINANCE/INSURANCE COMMITTEE
(FIC) GENERAL INFORMATION ITEMS TO BE RECEIVED AND FILED
e. El Toro Water District Capital Project Status Report
f. Engineering Items Discussed at Various Conferences and Meetings
g. Receive and File HighMark’s First Quarter 2009 ETWD 401(k) Plan Report
h. Receive and File Diehl Evans& Company LLC’s Audit Report of ETWD’s Financial Statements for the period January 1 through March 31, 2009
i. Receive and File the Water Supply Allocation and Water Budget Based Tiered Rates Report
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.
PUBLIC HEARING
3. Declaration
of a Level 1 Water Supply Shortage
(Reference Material Included)
Staff
will review and comment on the status of water supply conditions and its
wholesale water provider’s action to allocate, effective July 1, 2009, only 85%
of the District’s base water supply during fiscal year 2009/10. In
response to the wholesale water provider’s action and subject to public input,
staff is recommending that the Board of Directors consider declaring a Level 1
Water Supply Shortage in accordance with applicable provisions of El Toro Water
District Water Conservation and Water Supply Shortage Ordinance 2009-1. A
Level 1 Water Supply Shortage exists when the District Board of Directors, at
its sole discretion, determines and declares that a reduction in consumer
demand is necessary due to drought or water supply cutbacks in order to make
more efficient use of water and appropriately respond to existing water supply
conditions.
OPEN
PUBLIC HEARING
At
this time the Board of Directors will conduct a Public Hearing to receive and
consider public comments regarding adoption of Resolution No. 09-5-3 which declares
a Level 1 Water Supply Shortage in accordance with applicable provisions of El
Toro Water District Water Conservation and Water Supply Shortage Ordinance No.
2009-1, and establishes the implementation details of said Level 1.
PUBLIC
COMMENT
The Public will be invited to comment on the necessity requiring the adoption of a Declaration of a Level 1 Water Supply Shortage, and establishes the implementation details of said Level 1.
CLOSE
PUBLIC HEARING
The Board President will close the Public Hearing at this time.
REGULAR
SESSION
4. Resolution No. 09-5-3 - Declaration
of a Level 1 Water Supply Shortage Pursuant to the District’s Water
Conservation and Water Supply Shortage Ordinance (Ordinance No. 2009-1) (Reference
Material Included)
The Board will review Resolution No. 09-5-3 and consider taking action on same.
Recommended Action: The Board will consider adopting Resolution No. 09-5-3, which Resolution declares a Level 1 Water Supply Shortage pursuant to the District’s Water Conservation and Water Supply Shortage Ordinance (Ordinance No. 2009-1), and establishes the implementation details of said Level 1.
RESOLUTION NO. 09-5-3
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EL TORO WATER DISTRICT
DECLARING A LEVEL 1
WATER SUPPLY SHORTAGE PURSUANT TO
THE DISTRICT’S WATER CONSERVATION AND
WATER SUPPLY SHORTAGE ORDINANCE
(Ordinance No. 2009-1)
5. Northline Sewer Lift Station
Improvement Project – Engineering Contract Amendment (Reference
Material Included)
Staff will review and comment on a solicited proposal
received from Dudek to amend the Northline Sewer Lift Station Improvement
Project engineering design contract. The amendment scope of work provides
additional engineering services in the areas of CEQA compliance, groundwater
dewatering quantification and quality, offsite topographic survey and State
Revolving Fund (SRF) loan Facility Planning Report assistance. The
proposed amendment will add $40,435.00 to the existing Dudek Engineering
Contract.
Recommended Action: Staff
recommends that the Board of Directors authorize the General Manager to amend
the existing Dudek Engineering Contract to fund additional engineering services
for the Northline Sewer Lift Station Improvement Project in the amount of $40,435.00.
Staff also recommends that the Board
authorize the General Manager to fund the project costs from the designated
Capital Construction Reserves in accordance with the District’s adopted Capital
Reserve Policy.
6. Northline
Sewer Lift Station Improvement Project – Southern California
Staff
will review and comment on the cost to relocate an existing SCE 12 KV power
line to accommodate the construction of the Northline Sewer Lift Station Improvement
Project. The SCE scope of work includes design of the relocation and the
necessary easement documents as well as the cost of labor and material to
remove a power pole, relocate a power pole, and do all the wiring and
connections necessary to relocate the existing power line. The total cost
for the SCE effort, as invoiced by SCE, is $51,806.79.
Recommended Action:
Staff recommends that the Board of Directors authorize the General Manager to make
payment to SCE in the amount of $51,806.79. Staff also recommends that the Board authorize the General Manager to
fund the project costs from the designated Capital Construction Reserves in accordance
with the District’s adopted Capital Reserve Policy.
DIRECTOR/COMMITTEE
REPORTING
7. Director Reports for Meetings Attended (Oral Report)
GENERAL MANAGER INFORMATION ITEMS
8. General Manager’s Monthly Report (Report Included)
Mr. Hill will review and comment on the General Manager’s Monthly Report.
9. Legislative Reports (Reference Material Included)
Mr.
Hill will review and comment on the Legislative materials.
10. 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.
11. SOCWA Reports (Reference Material Included)
a. SOCWA Project Committee No. 15 & No. 17 – April 21, 2009
b. SOCWA Board Budget Workshop – May 5, 2009
c. SOCWA Engineering Committee Meeting – May 14, 2009
d. SOCWA Executive Committee Special Meeting – May 14, 2009
e. SOCWA Finance Committee Meeting – May 19, 2009
12. MUNICIPAL WATER DISTRICT OF
(Reference Material Included)
a. MWDOC Member Agency Manager’s Meeting – April 23, 2009
b. MWDOC Board/Met Directors Workshop Meeting – May 6, 2009
c. MWDOC Administration & Finance Committee – May 13, 2009
d. MWDOC Planning & Operations Meeting – May 19, 2009
e. MWDOC Board of Directors Meeting – May 20, 2009
13. LOCAL
AGENCY FORMATION COMMISSION (LAFCO) REPORT (Reference Material Included)
a. Report on the LAFCO Meeting of May 13, 2009
14. City Coordination Efforts
There were no meetings.
CLOSED SESSION
At this time, the Board President will call for a Closed Session on the following matters:
1) Northline
Sewer Lift Station Improvement Project
to confer with the District’s real property
negotiators, Robert Hill and Dennis Cafferty, 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 Sewer Lift Station Improvement Project
2) Reduced High Zone Project
a.
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)
b.
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 residential property owned by the California
Renaissance Community Association (Assessors Parcel Number 623-202-16 and 18)
c.
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 an access road owned by the
d.
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 an access road owned by the Pacific Hills
Calvary Chapel (Assessors Parcel Number 621-131-39)
3) Personnel Items
a.
to confer with Legal Counsel regarding a
Personnel Matter pursuant to
Government Code Section 54957 – General Manager – Performance
Review
OPEN SESSION
REPORT ON CLOSED SESSION (General Counsel)
Mr. Granito will provide an oral report
on the Closed Session.
COMMITTEE AND GENERAL INFORMATION
15. Computer Committee Report
No meetings were held this month.
16. Dates to Remember for
May/June 2009 (Reference Material Included)
17. Carry-Over Pending Matters
There are no carry over items.
DIRECTOR
COMMENTS/NON-AGENDA ITEMS
Recommended
Board Action: The
Board will be requested to take action adjourning today’s Board meeting to Thursday,
June 25, 2009 at 7:30 a.m.
at the El Toro Water
District,
The agenda material for this meeting is available to the
public at the District's Administrative Office, which is located at
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,