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

 

October 22, 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

 

1)   Mr. Hill will recognize and congratulate on behalf of the Board, David Burton, Maintenance Worker III, for twenty-five years of service with the District.

 

b.      Continuing Education & Training, Degree and Certification Program Acknowledgement 

 

No acknowledgements this month.

 

c.   Special District/Employee Association and Community Award acknowledgement

 

      No acknowledgements 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 minutes for the September 24, 2009 El Toro Water District Board of Directors meeting.

 

2.         Approval of Conferences and Meetings

           

There were no requests for conferences.

 

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 October 20, 2009 Engineering/FIC Meeting)

 

a.      Consider approving the minutes for the September 22, 2009, Engineering and Finance/Insurance Committee meeting

 

b.      Consider authorizing the District’s General Manager to enter into a contract with Motoronics in the amount of $171,957.36 for Upgrade of the WRP Control System Hardware and Software to Allen Bradley at the EB and Cl2 PLCs

 

c.      Consider approving a purchase order with California Centrifugal Pump in the amount of $17,100 for the purchase of a new Spare Recycled Water Irrigation Pump, and approve a purchase order with Walton Motors and Controls, Inc. in the amount of $8,900 for the purchase of a new 75Hp motor

 

d.      Consider approving Resolution No. 09-10-1 adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for the Reduced High Zone Hydraulic Improvements Project and Approving and Adopting the Project

 

e.      Consider 1) authorizing the District’s General Manger to enter into a contract with GCI Construction, Inc. in the amount of $365,405 for the construction of the Reduced High Zone Hydraulic Improvement Project, and 2) authorizing the District’s  General Manager to enter into a contract with RBF Consulting in the amount of $18,102 for engineering construction support during the construction of the Reduced High Zone Hydraulic Improvements Project

 

f.        Consider approving, ratify and confirm payment of those bills set forth in the schedule of Bills for Consideration dated October 20, 2009, and receive and file Financial Statements for the period ending September 30, 2009

 

 

g.   Consider approving staff’s recommendation to designate in writing: 1) one representative who shall exercise the right of the El Toro Water District to vote; and 2) one alternate representative who shall have the right to vote in the absence of the assigned voting representative.   The written designation shall be submitted to the ISDIC secretary at the quarterly meeting prior to the El Toro Water District casting its ballot

 

h.      Consider approving staff’s recommendations of no modifications to the District’s Identity Theft Prevention Program (2008-23 (IV)

 

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

 

i.        El Toro Water District Capital Project Status Report

 

j.         Engineering Items Discussed at Various Conferences and Meetings

 

k.      Receive and File the Quarterly Insurance Report for the period July 1, 2009 through September 30, 2009

 

l.         Receive and File the Water Budget Based Tiered Conservation Rate Structure Project

 

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.

 

PERSONNEL COMMITTEE MEETING

 

CALL MEETING TO ORDER – Chairman Kahn

 

3.         2009 Annual Employee Salary Range Survey Review (Reference Material Included)

 

Staff will review and comment on the 2009 annual employee salary range survey and recommended adjustments.  In accordance with the District’s Personnel Manual, the Board annually reviews the employee salary schedule to determine if salary range adjustments are warranted.  Changes to the salary schedule typically take effect on January 1st of each year.

 

Committee Recommendation:  Staff recommends that the Board consider adjusting the District’s 2009 employee salary range schedule as proposed by staff.

 

COMMENTS REGARDING NON-AGENDA PERSONNEL COMMITTEE ITEMS

 

ADJOURNMENT

 

                The Personnel Committee meeting will adjourn at this time.

 

DIRECTOR/COMMITTEE REPORTING

 

4.         Director Reports for Meetings Attended (Oral Report)

 

GENERAL MANAGER ACTION ITEMS

 

5.         Resolution No. 09-10-2 Water Budget Based Rate Structure (Reference Material Included)

 

Staff will review and comment on Resolution No. 09-10-2 which directs the General Manager to develop a Water Budget based rate structure that promotes water use efficiency with an emphasis on fairness and revenue stability.

 

Recommended Action at the October 22, 2009 Board MeetingStaff recommends that the Board of Directors adopt Resolution No. 09-10-2 directing the General Manager to develop a Water Budget based rate structure to be effective during fiscal year 2010/11.

 

Committee Recommendation: The Committee will consider placing this matter on the Engineering and Finance/Insurance Committee’s recommended approval list for the regular meeting of the Board of Directors.

 

6.         Amendment No. 1 – Memorandum of Understanding – Poseidon HB Desalination Project (Reference Material Included)

 

Staff will review and comment on the first amendment to the Memorandum of Understanding between Poseidon Resources (Surfside) LLC and participating retail agencies regarding potential purchase of water from the Huntington Beach Desalination Project.  The amendment facilitates the addition of other interested agencies without the necessity to repeat amendments each time a new agency is added.

 

Recommended Action:  Subject to non-substantive revisions and General Counsel approval as to legal form, staff recommends that the Board authorize the General Manager to execute Amendment No. 1 to the Poseidon Huntington Beach Desalination Project Potential Water Purchase Memorandum of Understanding.

 

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.         2009/10 Water Conservation and Water Supply Shortage Status Report (Reference Material Included)

 

Staff will review and comment on the status of all activities related to implementation of the District's Water Conservation and Water Supply Shortage Ordinance and the officially declared Level 1 Water Supply Shortage.  Implementation elements include but are not limited to customer outreach, customer input and waiver requests, import water purchase reconciliation, water sales versus budget by customer category and usage penalty charges recorded and/or imposed.

 

9.         CDPH SYSTEM NO. 3010079 – Annual El Toro Water District 2009 Sanitary Survey (Reference Material Included)

 

Staff will review and comment on the 2009 Sanitary Survey conducted by the California Department of Public Health (CDPH) - Office of Drinking Water for the District’s Water System.  The survey is performed annually by CDPH to verify the adequacy of the District’s water system maintenance, operations, monitoring, water quality and compliance with all applicable local, state and federal regulations.  The comprehensive survey found no deficiencies.

 

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 Board Meeting – October 1, 2009

 

b.      SOCWA Engineering Committee Meeting – October 8, 2009

 

c.      SOCWA Finance Committee Meeting – October 20, 2009

 

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

(Reference Material Included)

 

a.      MWDOC Member Agency Managers Meeting – September 24, 2009

b.      MWDOC Planning and Operations Committee – October 5, 2009

c.      MWDOC Board/Met Directors Workshop Meeting – October 7, 2009

d.      MWDOC Administration and Finance Committee – October 14, 2009

e.      MWDOC Board of Directors Meeting – October 21, 2009

14.       LOCAL AGENCY FORMATION COMMISSION (LAFCO) REPORT (Reference Material Included)

 

a.  Report on LAFCO Meeting – October 14, 2009

 

b.  Status report regarding ongoing organizational restructuring discussions with

    MWDOC

 

15.       City COORDINATION EFFORTS (Reference Material Included)

 

a.       Report on the Lake Forest Planning Commission Meeting – Oct 8, 2009

 

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 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 property owned by the Wellington (Assessors Parcel Number 621-181-02)

 

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 a property owned by the California Renaissance Community Association (Assessors Parcel Number 623-202-07.)

 

3)                 Potential Litigation

 

to confer with the District's Attorney pursuant to Government Code Section 54956.96 in order to receive, discuss, and to take action concerning information obtained in a closed session of the South Orange County Reclamation Authority, a joint powers authority in which the District is a member (which was held pursuant to subdivision (a) of Government Code Section 54956.9 regarding SOCRA's Petition to the State Water Resources Control Board for Appeal of Region 9 Complaint for Mandatory Minimum Penalties under SOCWA  NPDES Permit:  SCWD Groundwater Recovery Facility).

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

 

16.       Computer Committee Report  

 

There was no meeting this month.

 

17.       Dates to Remember for October/November (Reference Material Included)

 

18.       Carry-Over Pending Matters

 

a.                  Revisions to Purchasing Policy Statement 1996-13 (IV)

 

DIRECTOR COMMENTS/NON-AGENDA ITEMS

 

ADJOURNMENT

 

Recommended Board Action: The Board will be requested to take action adjourning today’s Board meeting to Tuesday, November 24, 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.