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
Mr.
Hill will recognize and congratulate on behalf of the Board, Steven Patrick
Wingen, Customer Service Field Rep III, for twenty years of service with the
District.
b.
Continuing
Education & Training, Degree and Certification Program acknowledgement
No
acknowledgements this month.
c.
Special District/Employee Association/Community Award Acknowledgement
and Employee Special
Recognition
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 November 24, 2009 Board of Directors meeting.
2. Attendance at
Conferences and Meetings
There were no requests.
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 December 15, 2009 FIC and Engineering Meeting)
a. Consider
approving minutes for the November 19, 2009 Special Board meeting, and the November
23, 2009 Engineering and Finance/Insurance Committee Meeting.
b. Consider
authorizing authorize the General Manager to execute a revised Baker Pipeline
Capacity Transfer Memorandum of Understanding and to execute a separate
agreement for the cancelation/rescission of the original MOU between SMWD,
MNWD, and ETWD regarding same.
c.
Consider approving, ratify and confirm payment
of those bills set forth in the schedule of Bills for Consideration dated December
15, 2009, and receive and file Financial Statements through November 30, 2009.
d.
Consider authorizing the General Manager to enter into a Purchase Order Agreement with the
most qualified and responsive firm to perform field landscape area measurements
for single and multi-meter HOA, Commercial and Public Authority dedicated
irrigation sites to accommodate the proposed Water Budget Based Tiered
Conservation Rate Structure Project.
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 the 2009/10 Water Conservation and Water
Supply Shortage Status 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.
DIRECTOR/COMMITTEE
REPORTING
3. Director Reports for Meetings Attended (Oral Report)
GENERAL MANAGER ACTION ITEMS
4. Resolution
No. 09-12-1 Extending Deferral of Enforcement of the Monetary Penalties for
Violation of On-Going Mandatory Water Use Prohibitions Until January 1, 2011 (Reference Material Included)
Staff will review and comment on Resolution No. 09-12-1, which defers
enforcement of the “monetary penalties” resulting from a customer violating any
of the on-going mandatory water use prohibitions until January 1, 2011.
Recommended Action: The Board will consider adopting
Resolution No. 09-12-1, which Resolution adopts deferral of enforcement of the
“monetary penalties” resulting from a customer violating any of the on-going
mandatory water use prohibition until January 1, 2011.
RESOLUTION NO. 09-12-1
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EL TORO WATER DISTRICT
EXTENDING DEFERRAL OF ENFORCEMENT OF THE
MONETARY PENALTIES FOR VIOLATION OF ON-GOING
MANDATORY WATER USE PROHIBITIONS UNTIL
JANUARY 1, 2011
5. Poseidon
Resources (Surfside) LLC (Poseidon)/ETWD Confidentiality Agreement (Reference Material Included)
Staff
will review and comment on a proposed Confidentiality Agreement between
Poseidon and ETWD. The Confidentiality Agreement will facilitate further
negotiations regarding a potential Water Purchase Agreement for ETWD to access
water supply from the Poseidon Huntington Beach Desalination Project.
Recommended Action:
Staff recommends that the Board of Directors authorize the General
Manager to execute a Confidentiality Agreement between Poseidon Resources
(Surfside) LLC and the El Toro Water District to facilitate further
negotiations regarding a potential Water Purchase Agreement.
6. Resolution No. 09-12-2 Adopting a
Sixth Amended Conflict of Interest Code (Reference Material Included)
The
County of Orange Board of Supervisors is the reviewing body for El Toro Water
District's Conflict of Interest Code, and in an effort to streamline the review
process and make the filing of Form 700 easier for the District's filers, the
County has developed Countywide Disclosure Categories and has requested that
the District amend its Conflict of Interest Code and replace the current
Exhibit “A” with these Countywide Disclosure Categories.
Recommended Action: Staff
recommends that the Board of Directors adopt Resolution No. 09-12-2 adopting a
sixth amendment to the District’s Conflict of Interest Code.
RESOLUTION NO.
09-12-2
RESOLUTION OF
THE BOARD OF DIRECTORS
OF THE EL TORO
WATER DISTRICT
ADOPTING A SIXTH AMENDMENT
TO THE DISTRICT’S CONFLICT OF INTEREST CODE
7. Resolution
No. 09-12-3 Establishing the Board of Directors of the El Toro Water District’s
Regular Meeting, Place and Time for Calendar Year 2010 (Reference Material Included)
Mr. Hill will comment on the proposed
meeting, dates and times for the District’s regular meetings for calendar year
2010.
Recommended Action: The Board
will consider adopting Resolution No. 09-12-3 establishing the El Toro Water
District Board of Directors’ Regular Meetings, place and time for calendar year
2010.
RESOLUTION NO.
09-12-3
RESOLUTION OF
THE BOARD OF DIRECTORS
OF THE EL TORO
WATER DISTRICT
ESTABLISHING
DATE, TIME AND PLACE OF
REGULAR
MEETINGS OF THE BOARD OF DIRECTORS
FOR CALENDAR YEAR 2010
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
Report (Reference Material
Included)
Mr.
Hill will review and comment on the Legislative materials.
10. LOCAL AGENCY FORMATION COMMISSION (LAFCO)
REPORT
(Reference Material Included)
a. Report of the LAFCO meeting of December 9,
2009
b. Status report on activities related to the
continued South County/MWDOC
organizational restructuring discussions.
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 – December 10, 2009
b. SOCWA Engineering Committee Meeting – December 10, 2009 - canceled
c. SOCWA Finance Committee Meeting – December 15, 2009
13. MUNICIPAL WATER DISTRICT OF
(Reference Material Included)
a. MWDOC Board/Met Directors Workshop Meeting – December 2, 2009
b. MWDOC Administration & Finance Committee – December 9, 2009
c. MWDOC Planning and Operations Meeting – December 14, 2009
d. MWDOC Member Agency Managers Meeting – December 15, 2009
e. MWDOC Board of Directors Meeting – December 16, 2009
14. City COORDINATION
EFFORTS (Reference Material Included)
a. City of
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)
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).
3) Potential
Litigation
to confer with the District's Attorney pursuant to subdivision (b)
of
Government Code Section 54956.9 –
(Potential Litigation - one matter
unidentified).
REPORT ON CLOSED SESSION (General Counsel)
Mr. Granito will
provide an oral report on the Closed Session.
REGULAR SESSION
COMMITTEE AND GENERAL INFORMATION
15. Computer Committee Report
There was no meeting.
17. Dates to Remember for
December 2009/January 2010
(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,
January 28, 2010 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,