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

 

May 28, 2009
7:30 a.m.

 

CALL MEETING TO ORDER – President Martin

 

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.

 

PRESENTATION OF AWARDS, RECOGNITIONS AND INTRODUCTIONS

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.

 

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 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.

 

  1. Consider adopting Resolution No. 09-5-1 which authorizes the General Manager on behalf of the El Toro Water District to apply, negotiate and ultimately execute a financial assistance agreement with the State Water Resources Control Board to secure financing for the planning, design and construction of the Northline Sewer Lift Station Improvement Project.

 

  1. Consider adopting Resolution No. 09-5-2 which Declares the District’s Official Intent to be Reimbursed for Certain Capital Expenditures from the Proceeds of Indebtedness for the Northline Sewer Lift Station Improvement Project.

 

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

 

GENERAL MANAGER ACTION ITEMS

 

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 Edison Line Relocation Costs (Reference Material Included)

 

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 ORANGE COUNTY (MWDOC) REPORT

(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.

 

ATTORNEY REPORT

 

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 Grace Hills Church (Assessors Parcel Number 621-131-17)

 

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

 

ADJOURNMENT

 

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, 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.