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
7:30 a.m.
PLEDGE OF
ALLEGIANCE – Director Dudley
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
There are no acknowledgements.
b.
Continuing
Education & Training, Degree and Certification Program acknowledgement
There
are no acknowledgements.
c.
Special District/Employee Association/Community Award Acknowledgement
and Employee Special Recognition
There are no acknowledgements.
d. New Employee Introduction
Mr.
Hill will introduce the following new employee to the Board:
1. Brandon
Bernard, Customer Service Field I Representative
– May 21, 2009
1.
A
(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)
2. Approval of Minutes (Minutes Included)
Approve minutes for the June 25, 2009 El Toro Water District Board of Directors meeting, and the Special Board Meeting minutes of July 2, 2009.
3. Approval of Conferences and Meetings
There were no requests for attendance.
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 21, 2009 Engineering and FIC Meeting)
a. Consider approving minutes for the June 23, 2009 Engineering and Finance/Insurance Committee meeting
b. Consider
authorizing
the General Manager to execute a letter of intent which sets forth
“non-binding” understandings between ETWD and Poseidon relating to an interest
in the potential purchase of desalinated water from
c. Consider approving, ratify and confirm payment of those bills set forth in the schedule of Bills for Consideration dated July 21, 2009 and receive and file Financial Statements through June 30, 2009
ENGINEERING AND FINANCE/INSURANCE COMMITTEE
(FIC) GENERAL INFORMATION ITEMS TO BE RECEIVED AND FILED
d. El Toro Water District Capital Project Status Report
e. Engineering Items Discussed at Various Conferences and Meetings
f. Receive and File the Quarterly Insurance Report for the period April 1, 2009 through June 30, 2009
g. Receive and File the 2009/10 Water Conservation and Water Supply Shortage Status Report
h. Receive and File the Tiered and water Budget Based Tiered Conservation Rate Structure Evaluation
i. Receive and File the Audit Committee 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 Board Action: The Board will be requested to approve the items removed from today’s consent Calendar.
4. Director
Reports for Meetings Attended
(Oral Report)
GENERAL
MANAGER ACTION ITEMS
5. Poseidon Resources (Surfside) LLC
Staff will review and comment on preliminary terms and conditions for potential Water Purchase from the Poseidon Resources (Surfside) LLC Huntington Beach, CA Ocean Desalination Plant Project. Further, staff will review and comment on a draft letter of intent which sets forth certain “non-binding” understandings between ETWD and Poseidon relating to an interest in the potential purchase of desalinated water from Huntington Beach facility.
Recommended
Action: Staff recommends that the Board of Directors
consider authorizing the General Manager to execute a letter of intent which
sets forth “non-binding” understandings between ETWD and Poseidon relating to
an interest in the potential purchase of desalinated water from
6. Amendments
to California Special Districts Association Bylaws (Reference Material Included)
Staff
will review and comment on amendments to the California Special Districts
Association (CSDA) Bylaws as proposed and submitted to the membership by the
CSDA Election Committee, Bylaws Committee and Board of Directors.
Recommended Action:
Staff recommends that the Board of Directors approve the proposed amendments to
the bylaws of the CSDA and direct staff to submit the District’s completed
ballot to CSDA by the July 31, 2009 deadline.
GENERAL MANAGER INFORMATION ITEMS
7. 2008/09
Orange
Staff will lead a discussion with regards to the 2008/09 Orange County Grand Jury Reports. In compliance with Penal Code 933, the District has been requested to respond to specific "Findings" and "Recommendations" contained in the reports on or before September 17, 2009.
8. Joint Radio Communications Sharing Arrangement Between
ETWD and MWDSC (Reference Material Included)
Staff
will provide a status report on Metropolitan Water District of Southern
California's (MWDSC) two-way radio upgrade project. Due to Metropolitan's
budget constraints, the scope of work and limit of the expansion has been
reduced. As such, ETWD and MWDSC will not be entering into a
co-licensing arrangement at this time.
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 Board Meeting – July 2, 2009
b. SOCWA Engineering & Executive Committee Meeting – July 9, 2009
c. SOCWA Finance Committee Meeting – July 21, 2009
13. MUNICIPAL WATER DISTRICT OF
(Reference Material Included)
a. MWDOC Member Agency Managers Meeting – June 25, 2009
b. MWDOC Board/Met Directors Workshop Meeting – July 1, 2009
c. MWDOC Planning & Operations Meeting – July 6, 2009
d. MWDOC Administration & Finance Committee – July 8, 2009
e. MWDOC Board of Directors Meeting – July 15, 2009
14. LOCAL
AGENCY FORMATION COMMISSION (LAFCO) Report
a. Report on the LAFCO Meeting – July 8, 2009
b. LAFCO MWDOC Governance Study Update
15. 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) Potential Litigation
to confer with the District's Attorney pursuant to subdivision (c)
of
Government Code Section 54956.9 –
(Potential Litigation - two matters
unidentified).
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 July/August (Reference Material Included)
18. 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, August 27, 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,