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
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.
a.
Service
Awards
There are no
acknowledgements this month.
b.
Continuing
Education & Training, Degree and Certification Program acknowledgement
Mr.
Hill will recognize and congratulate on behalf of the Board Wayne Sidlin, Wastewater
Operator I, for achieving his Grade III Wastewater Treatment Plant Operator
Certificate.
c. Special District/Employee
Association/Community Award Acknowledgement and Employee Special Recognition
There are 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 December 17, 2009 El Toro Water District Board of Directors meeting.
2. Attendance at
Conferences and Meetings
There were no requests.
APPROVAL OF ITEMS RECOMMENDED FOR APPROVAL BY THE ENGINEERING, FINANCE/INSURANCE (FIC) AND PERSONNEL COMMITTEES: (Reference Material for the Action and Informational Items is included in the agenda package for the January 26, 2010 Engineering,/FIC Meeting)
a. Consider
approving minutes for the December 15, 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
January 26, 2010, and receive and file Financial Statements as of December 31,
2009.
c. Consider authorizing payment to the Southern California Water Committee, Inc. (SCWC) in the amount of $600.00 for the District’s membership for calendar year 2010.
d. Consider
approving
a purchase order contract with Watson Mechanical in the amount of $24,602 for
the reconstruction of the Freeway Lift Station Discharge Header.
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
h. Receive and File the Quarterly Insurance Update Report for Period October through December 2009
i.
Receive and
File the 2009/10 Water Conservation and Water Supply Shortage Status Report
j. Receive and File the 2010/11 Budget/Rate Structure Schedule
k. 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 Action: The Board will be requested to approve the items removed from today’s consent Calendar.
3. ACWA/JPIA Liability Workers
Compensation Refund (Oral
Report)
Representatives from ACWA/JPIA will discuss the
Liability Workers Compensation program results and present the District with a
refund check.
DIRECTOR/COMMITTEE
REPORTING
4. Director Reports for Meetings Attended (Oral Report)
GENERAL MANAGER
ACTION ITEMS
5. Diehl Evans and Company, LLP - Status Report (Oral Report)
Representatives
from Diehl Evans and Company, LLP will review and comment on the Auditor’s
report for the period ending fiscal year June 30, 2009.
Recommended Action: Staff recommends that the Board of Directors 1) receive and file the Audit Report for fiscal year ending June 30, 2009, and 2) authorize the District’s staff to provide 50 copies of the District’s Audit Report to the various national depositories, bondholders and trustees in keeping with the District’s financial obligations.
6. Amendment
No. 1 To The District's Level I Water Supply Shortage Implementation Provisions (Reference Material Included)
Staff
and General Counsel will review and comment on the necessity and process to
amend the District's Level I Water Supply Shortage Implementation Provisions
which were adopted, signed and approved by the Board of Directors on May 28,
2009 following a public hearing on same. The proposed amendments include
1) adding a provision that provides for conditional consideration to
utilize remaining restricted penalty funds to accommodate a year-end prorate
annualized penalty credit, and 2) establishing May 1, 2010 as a customer
communication transition date for the proposed Water Budget Based Tiered
Conservation Rate Structure and concurrent suspension of the District's
existing 2009/10 Water Allocation/Penalty Program. The proposed amendment
will be considered by the Board of Directors subsequent to a legal public
hearing notice and public input.
Recommended Action: Staff recommends
that the Board of Directors authorize the General Manager and General Counsel
to prepare and publish required public notices for a March 4, 2010 public
hearing to consider Amendment No. 1 to the District's Level I Water Supply
Shortage Implementation Provisions.
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. LOCAL AGENCY FORMATION COMMISSION (LAFCO)
REPORT (Reference
Material Included)
a.
Report on the LAFCO meeting of January 13, 2010.
b.
South County/MWDOC organizational restructuring.
1.
Status of Negotiations
2.
Status of Consultant Proposal to identify LAFCO Proceedings
and to prepare
a Plan of Service/Application.
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 Engineering Committee Meeting – January 14, 2010
b. SOCWA Finance Committee Meeting – January 19, 2010
12. MUNICIPAL WATER DISTRICT OF
(Reference Material Included)
a. MWDOC Special Board Meeting – December 23, 2009
b. MWDOC Planning and Operations Meeting – January 4, 2010
c. MWDOC Board/MET Directors Workshop – January 6, 2010
d. MWDOC Administration & Finance Committee – January 13, 2010
e. MWDOC Board of Directors Meeting – January 20, 2010
13. 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 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).
REPORT ON CLOSED SESSION (General Counsel)
Mr. Granito will provide an oral
report on the Closed Session.
COMMITTEE AND GENERAL INFORMATION
14. Computer Committee Report
There were no meetings.
15. Dates to Remember for
January/February 2010 (Reference Material
Included)
16. Carry-Over Pending Matters
a) Keena
Thomas Communications’ Year-to-Date Expenditures
DIRECTOR
COMMENTS/NON-AGENDA ITEMS
Recommended Board Action: The Board will be requested to take action adjourning
today’s Board meeting to Thursday, February 25, 2010 at 4:00 p.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,