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 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
1) Mr. Hill will
recognize and congratulate on behalf of the Board, Robert L. Hazzard, Customer
Service Field Representative II, for 20 years of service with the District.
b.
Continuing
Education & Training, Degree and Certification Program acknowledgement
1) Mr. Hill will
recognize and congratulate on behalf of the Board, Wayne Sidlin for obtaining
the degree of Associates in Science Water Technology.
c.
Special District/Employee Association/Community Award
Acknowledgement and Employee Special Recognition
No acknowledgements 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 minutes for the July 23, 2009 El Toro Water District Board of Director’s meeting.
2. Approval of Conferences and Meetings (Reference Material Included)
1)
The
Board will consider authorizing Michael P. Grandy to attend the California
Special Districts Association conference being held September 21-24, 2009 in Indian
Wells,
2) The Board will consider authorizing Directors Martin, Goldman, Dudley, Werner, and Kahn, and Robert Hill to attend the Region 8,9,10 “California’s Water Solution: Are We There Yet” conference being held October 8-9, 2009 in Lake Elsinore, California.
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 August 25, 2009 FIC and Engineering Meeting)
a. Consider approving the minutes for the July 21, 2009, Engineering and Finance/Insurance Committee meeting
b. Consider approving, ratify and confirm payment of those bills set forth in the schedule of Bills for Consideration dated August 25, 2009, and receive and file Financial Statements for the period ending July 31, 2009
c. Consider approving Resolution No. 09-8-1 Adoption of the ETWD Appropriations Limit for Fiscal Year 2009/10
d. Consider authorizing the General Manager to enter into a purchase order with Motoronics in the amount of $74,801.36 to provide system wide remote facility computerized control/operator interface panel replacements for the District’s domestic water facilities - Panel View Upgrade (Water Stations) Project
e. Consider authorizing the Board President to submit a formal response to the 2008/09 Grand Jury reports as approved by the District’s Board of Directors
f. Consider approving the adoption of Resolution No. 09-8-2 Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for the Northline Lift Station Improvement Project and Approving and Adopting the Project
ENGINEERING AND FINANCE/INSURANCE COMMITTEE
(FIC) GENERAL INFORMATION ITEMS TO BE RECEIVED AND FILED
g.
Receive and File the Quarterly Review of Pension Plan
Performance
h.
Receive and File the 2008/09 Fiscal Year Capital
Facility Fee Reserve Reconciliation report
i.
Receive and File the Sinking Fund Reserve Report and
Reconciliation for Fiscal Year 2008/09
j. Receive and File the 2009/10 Water Conservation and Water Supply Shortage Status Report
k. Receive and File the Tiered and water Budget Based Tiered Conservation Rate Structure Evaluation
l. Receive and File the Dam Liability Insurance Coverage Report
m.
El Toro Water District Capital Project Status Report
n.
Engineering Items Discussed at Various
Conferences and Meetings
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
3. Director Reports for Meetings Attended (Oral Report)
GENERAL
MANAGER ACTION ITEMS
4. El
Toro Water District Employee Deferred Compensation Plan (“457 Plan”) Fund
Performance Review (Reference
Material Distributed under Separate Cover)
Mr. Grandy will review, comment and update the Board
on discussions with Prudential Investment Representatives (Prudential) as it
pertains to Investment Fund Performance and Options in the 457 Plan. The Prudential fund evaluation identifies and
suggests consideration of watching or replacing certain funds that currently do
not meet the District’s established fund performance criteria. Further, Mr. Grandy will review and comment
on Prudential’s recommendation to add certain funds to cover otherwise
unrepresented investment segments. In addition, Mr. Grandy will outline
the steps necessary to educate and inform participants of the recommended
changes.
Recommended Action: Staff recommends that the Board authorize staff to implement Prudential’s suggested revisions to the 457 fund portfolio as identified in Prudential’s 6/30/09 quarter ending fund performance review.
5. 2008/09
Orange
Staff will lead a discussion with regards to the 2008/09 Orange County Grand Jury Reports and draft responses to same. In compliance with Penal Code 933, the District has been requested to respond to specific "Findings" and "Recommendations" contained in the “Paper Water – Does Orange County Have a Reliable Future?” and “Water Districts – A New Era In Public Involvement” Reports on or before September 17, 2009.
Recommended Action:
Staff recommends that the Board authorize the Board President to submit
a formal response to the 2008/09 Grand Jury Reports as approved by the District’s
Board of Directors.
6. Adoption
of Resolution No. 09-8-3 Concurring in the Nomination of Peer A. Swan as Vice
President of the Association of California Water Agencies (ACWA) (Reference Material Included)
Staff will comment on Resolution No. 09-8-3
concurring in the nomination of Peer A. Swan as Vice President of the
Association of California Water Agencies (ACWA).
Recommended
Action: The Board will consider
adopting Resolution No. 09-8-3 concurring in the nomination of Peer A. Swan as
Vice President of the Association of California Water Agencies (ACWA).
RESOLUTION NO. 09-8-3
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EL TORO WATER DISTRICT
CONCURRING IN THE NOMINATION
OF PEER A. SWAN AS VICE PRESIDENT
OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES
(ACWA)
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 – August 6, 2009
b. SOCWA Engineering Meeting – August 13, 2009
c. SOCWA Finance Committee Meeting – August 18, 2009
11. MUNICIPAL WATER DISTRICT OF
(Reference Material Included)
a. MWDOC Managers Meeting – July 23, 2009
b. MWDOC Planning & Operations Meeting – August 3, 2009
c. MWDOC Board/Met Directors Workshop Meeting – August 5, 2009
d. MWDOC Special Meeting – August 6, 2009
e. MWDOC Administration & Finance Committee – August 12, 2009
f. MWDOC Board of Directors Meeting – August 19, 2009
12.
LOCAL AGENCY FORMATION COMMISSION
(LAFCO) REPORT
a. Report on the LAFCO Strategic Planning Meeting – August 12, 2009
13. City COORDINATION
EFFORTS
No
meetings were held this month.
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 R. Hill and Dennis P. 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 R.
Hill and Dennis P. 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 R.
Hill and Dennis P. 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 R.
Hill and Dennis P. 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 R.
Hill and Dennis P. 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).
4)
Potential
Litigation
to confer with the District's Attorney pursuant to subdivision (b)
of
Government Code Section 54956.9 –
(Potential Litigation - one matter
unidentified).
REGULAR SESSION
REPORT ON CLOSED SESSION (Legal Counsel)
Mr. Granito will
provide an oral report on the Closed Session.
COMMITTEE AND GENERAL
INFORMATION
14. Computer Committee Report (Oral report)
Report
on the Computer Committee Meeting – August 11, 2009
15. Dates to Remember for August/September (Reference Material Included)
16. Carry-Over Pending Matters
a) Staff
will review and comment on Sole Source Approvals and the rationale for same.
(Oral Report)
b) Staff
will review and comment on the District’s Purchasing Policy. (Reference
Material Included)
Recommended
Board Action: The
Board will be requested to take action adjourning today’s Board meeting to Thursday,
September 24, 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,