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

 

September 22, 2005

8:00 A.M.

 

CALL MEETING TO ORDER –President Martin

 

PLEDGE OF ALLEGIANCE – Director Werner

 

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

 

No acknowledgement this month.

 

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 August 25, 2005 El Toro Water District Board of Directors meeting and August 31, 2005 Special Board Meeting.

 

2.       Attendance at Conferences and Meetings

(No Reference Material)

         

The Board will consider authorizing Directors Martin, Dudley, Kahn, Werner and Bob Hill, General Manager to attend the Association of California Water Agencies Conferences being held November 28, 2005 through December 2, 2005 at the San Diego Marriott Hotel & Marina, San Diego, 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 September 20, 2005 FIC and Engineering Meeting)

 

a.     Approve minutes for the August 23, 2005, Engineering and Finance/Insurance Committee meeting.

 

b.     Veeh I Lift Station Submersible Pump Project – Authorize (1) the President and General Manager to issue a purchase order to Essco Pumps in the amount of $31,477.46 for the purchase of three 30 H.P. Essco Submersible Pumps and Motors and (2) the General Manager to fund the project costs from the District’s 2005/2006 Capital Facility Replacement and Refurbishment funds.

 

c.     South Coast Air Quality Management District (SCAQMD) Petition for a Group Order for Abatement - Case No. 5521-13 - Authorize the General Manager and District Counsel to negotiate a settlement with SCAQMD on this matter

 

d.     Approve Resolution No. 05-09-1 Replacement of 401(k) Plan and Trust Trustee, Investment Manager and Recordkeeper.

 

RESOLUTION NO. 05-09-1

 

RESOLUTION OF THE BOARD OF DIRECTORS OF THE

EL TORO WATER DISTRICT (the “District”) AUTHORIZING

(1) THE REMOVAL OF FIRST AMERICAN TRUST COMPANY AS

THE TRUSTEE AND INVESTMENT MANAGER OF THE DISTRICT’S RETIREMENT SAVINGS AND TRUST AGREEMENT (“401(k) PLAN AND TRUST”),

(2) THE REMOVAL OF EXECUTIVE BENEFITS CORPORATION AS THE RECORDKEEPER OF THE DISTRICT’S 401(k) PLAN AND TRUST AND

(3) THE RETENTION OF UNION BANK OF CALIFORNIA, NATIONAL ASSOCIATION TO SERVE AS TRUSTEE, INVESTMENT MANAGER AND RECORDKEEPER

OF THE DISTRICT’S 401(k) PLAN AND TRUST

 

e.     Approve Policy Statement for District’s 401(k) Plan and Trust.

 

f.      Approve Resolution No. 05-09-2 Replacement of 457 Deferred Compensation Plan Trustee, Investment Advisor and Recordkeeper.

 

RESOLUTION NO. 05-09-2

 

RESOLUTION OF THE BOARD OF DIRECTORS OF THE

EL TORO WATER DISTRICT (the “District”) AUTHORIZING (1) THE REMOVAL OF LINCOLN FINANCIAL ADVISORS CORPORATION AND LINCOLN FINANCIAL & INSURANCE SERVICES CORPORATION (“Lincoln”) AS THE TRUSTEE, INVESTMENT ADVISOR AND RECORDKEEPER OF THE DISTRICT’S 457 DEFERRED COMPENSATION PLAN (the “457 PLAN”) AND (2) THE RETENTION OF UNION BANK OF CALIFORNIA, NATIONAL ASSOCIATION TO SERVE AS TRUSTEE, INVESTMENT ADVISOR AND RECORDKEEPER OF THE DISTRICT’S 457 PLAN

 

g.     Approve Investment Policy Statement for District’s 457 Deferred Compensation Plan.

 

h.     Approve, ratify and confirm payment of those bills set forth in the schedule of Bills for Consideration dated September 22, 2005, and receive and file Financial Statements through August 31, 2005.

 

i.       Adopting the District’s Appropriations Limit for the 2005/06 fiscal year – Approve Resolution No. 05-9-3 adopting the District's Appropriations Limits for the 2005/06 fiscal years.

 

RESOLUTION NO. 05-09-3

 

RESOLUTION OF THE BOARD OF DIRECTORS OF THE

EL TORO WATER DISTRICT DECLARING ITS

2005-2006 APPROPRIATIONS LIMIT PURSUANT TO

ARTICLE XIII B OF THE CONSTITUTION OF THE

STATE OF CALIFORNIA

 

j.       Approve the District’s membership with the Water Education Foundation in the amount of $750.00 for calendar year 2006.

 

k.     Concurs with the CAMP Board of Trustees’ recommended slate of individuals to be elected as Trustee of the Trust.

 

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

 

l.       El Toro Water District Capital Project Status Report

 

m.   Engineering Items Discussed at Various Conferences and Meetings

 

n.     Automated Remittance Processing Equipment Demonstration

 

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.

 

SPECIAL PERSONNEL COMMITTEE MEETING

SEPTEMBER 22, 2005

 

Call Meeting to Order – Chairman Kahn

 

3.       Review ETWD Personnel Manual (Reference Material Included)

         

Staff will review and comment on the following proposed revisions to the ETWD Personnel Manual:

 

a.       Procedure A-1-4 “Special Pay”

b.       Procedure A-1-13 “State Disability Insurance”

 

Recommended Board Action:  Staff recommends that the Board consider adopting Resolution No. 05-09-4, which Resolution amends Procedures A-1-4 and A-1-13 of the District’s Personnel Manual regarding:

 

RESOLUTION 05-09-4

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE EL TORO WATER DISTRICT REVISING

THE DISTRICTS PERSONNEL MANUAL PROCEDURES

A-1-4 “SPECIAL PAY” AND A-1-13”

“STATE DISABILITY INSURANCE”

 

4.               COMMENTS REGARDING NON-AGENDA PERSONNEL COMMITTEE ITEMS

 

ADJOURNMENT

          The Personnel Committee meeting will adjourn at this time.

 

REGULAR SESSION

 

GENERAL MANAGER ACTION ITEMS

 

5.       Resolution No. 05-09-5 El Toro Water District Regarding Adoption of the National Incident Management System (NIMS) from the Homeland Security Presidential Directive (HSPD-5 and HSPD 8) (Reference Material Included)

 

Staff will review and comment on the District’s Resolution No. 05-09-5 and the President of the United States Homeland Security Presidential Directive (HSPD-5 and HSPD-8), Management of Domestic Incidents, which directs the Department of Homeland Security to develop, review and administer a National Incident Management System (NIMS).  This directive also requires Federal departments and agencies to make adoption of the NIMS by State, tribal and local government organizations a condition for Federal Disaster and Preparedness funding assistance. 

 

Recommended Action:  Staff recommends that the Board of Directors consider approving Resolution No. 05-9-5 adopting the National Incident Management System.

 

RESOLUTION NO. 05-09-5

 

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE EL TORO WATER DISTRICT ADOPTING

THE FEDERAL PRINCIPLES, POLICIES AND GUIDELINES

OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)

[HSPD-5 AND HSPD-8]

 

6.       ACWA/JPIA Executive Committee Election President

          (Reference Material Included)

 

Staff will review and comment on Resolution No. 05-09-6 proposing that ETWD’s Board concur with the Orange County Water District’s (OCWD) nomination of Wesley M. Bannister to the Office of President of the Association of California Water Agencies/Joint Powers Insurance Authority (ACWA/JPIA).

 

Recommended Action:  The Board of Directors will consider approving Resolution No. 05-09-6 concurring in OCWD’s nomination of Wesley M. Bannister to the Office of President of the ACWA/JPIA.

 

RESOLUTION NO. 05-09-6

 

RESOLUTION OF THE BOARD OF DIRECTORS OF THE

EL TORO WATER DISTRICT CONCURRING IN

NOMINATION OF WESLEY M. BANNISER TO THE

OFFICE OF PRESIDENT OF THE ASSOCIATION

OF CALIFORNIA WATER AGENCIES

JOIN POWERS INSURANCE AUTHORITY (ACWA/JPIA)

 

7.       ACWA/JPIA Executive Committee Election – Vice President

          (Reference Material Included)

 

Staff will review and comment on Resolution No. 05-09-7 proposing that ETWD’s Board of Directors concur with the Municipal Water District of Orange County’s (MWDOC) nomination of Joan C. Finnegan to the Office of Vice President of the Association of California Water Agencies/Joint Powers Insurance Authority (ACWA/JPIA).

 

Recommended Action: The Board of Directors will consider adopting Resolution No. 05-09-7 concurring in MWDOC’s nomination of Joan C. Finnegan to the Office of Vice President of the ACWA/JPIA.

 

RESOLUTION NO. 05-9-7

 

RESOLUTION OF THE BOARD OF DIRECTORS OF THE

EL TORO WATER DISTRICT CONCURRING IN

NOMINATION OF JOAN C. FINNEGAN TO THE

OFFICE OF VICE PRESIDENT OF THE

ASSOCIATION OF CALIFORNIA WATER AGENCIES

JOIN POWERS INSURANCE AUTHORITY (ACWA/JPIA)

 

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.       Water Conservation Report and Public Outreach Program

(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 Engineering Committee Meeting – September 8, 2005

     b.  SOCWA Finance Committee Meeting – September 20, 2005

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

(Reference Material Included)

 

a.     MWDOC General Manager’s Meeting – August 25, 2005

b.     MWDOC Planning and Operations Committee – September 6, 2005

c.     Administration & Finance Committee – September 20, 2005 (Oral)

d.     MWDOC Board of Directors Meeting – September 21, 2005 (Oral)

12.     LOCAL AGENCY FORMATION COMMISSION (LAFCO) REPORT

(Reference Material Included)

 

a.  Report on September 14, 2005 LAFCO Meeting.

 

13.     City COORDINATION EFFORTS (Reference Material Included)

 

a.     City of Lake Forest Utility Coordination Meeting – August 29, 2005

 

b.     Quarterly City  Mission Viejo Utility Coordination Meeting – August 30, 2005

 

c.     City of Laguna Woods Water Quality Committee Meeting - September 20, 2005 (Oral)

 

ATTORNEY REPORT

 

OPEN SESSION

 

Mr. Granito will report on pending legislation and/or legal matters of general interest to public agencies.

 

CLOSED SESSION

 

At this time the Board President will call for a Closed Session to confer with Legal Counsel on pending litigation pursuant to Government Code Section 54956.9 (a). City of Laguna Hills v. ETWD et al, Orange County Superior Court Case Number 05CC08122 (Complaint in Eminent Domain).

 

OPEN SESSION

 

REPORT ON CLOSED SESSION (General Counsel)

 

          Mr. Granito will provide an oral report on the Closed Session.

 

REGULAR SESSION

 

COMMITTEE AND GENERAL INFORMATION

 

14.     Computer Committee Report (Oral)

 

The Committee and staff will provide a report on their meeting(s).

 

15.     Dates to Remember for September/October (Reference Material Included)

 

16.     Carry-Over Pending Matters

 

          There are no Carry-Over Pending Matters.

 

DIRECTOR COMMENTS/NON-AGENDA ITEMS

 

ADJOURNMENT

 

Recommended Board Action: The Board will be requested to take action adjourning today’s Board meeting to Thursday, October 27, 2005 at 8:00 A.M. at the El Toro Water District, 24251 Los Alisos Boulevard, Lake Forest, California.

 

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, Carolyn Adams 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: Carolyn Adams.