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

AND

PUBLIC HEARING

 

JUNE 22, 2006
7:30 A.M.

 

CALL MEETING TO ORDER –President Martin

 

PLEDGE OF ALLEGIANCE – Director Goldman

 

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

 

The Board will acknowledge the following employees for years of service with the District:

 

1.     Donny Lloyd, Wastewater Operator III, for 20-years of Service with the District

 

2.     Bruce Walczyk, Operations Foreman, for 25-years of Service with the District.

 

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

 

No acknowledgement this month.

 

c.  Special District/Employee Association and Community Award acknowledgement

 

     No acknowledgement this month.

 

1.       ADJUSTMENTS TO WATER AND SEWER RATES AND CHARGES

            (Reference Material Included)

 

Staff will review and comment on the proposed amendment to Schedule No. 1-W of the District’s Rules and Regulations as they relate to an adjustment to the water rates.  The proposed adjustment increases the imported water cost per 100 cubic feet from $1.16 per cubic feet to $1.21 per cubic feet or $0.05.  The proposed adjustment to the water usage charge has been incorporated into the District’s Draft 2006/07 Budget.

 

Following today’s Public Rate Hearing/Meeting, the Board will be requested to consider taking action to adopt Resolution No. 06-6-1 adopting an amendment to Schedule No. 1-W of the District’s Rules and Regulations as it relates to an adjustment to the water usage charge.

 

2.       PUBLIC RATE HEARING/MEETING REGARDING ADOPTION OF PROPOSED INCREASE TO THE DISTRICT’S WATER USAGE CHARGE

          (Reference Material Included)

 

At this time the Board will conduct a Public Rate Hearing/Meeting for the purpose of receiving and considering public comments regarding the proposed increase to the District’s water usage charge.

 

OPEN PUBLIC RATE HEARING/MEETING

 

          The Board President will open the Public rate hearing/meeting at this time.

 

PUBLIC COMMENT

 

The Public will be invited to comment on the proposed increases and adjustments to the District’s rates, fees and charges.

 

CLOSE PUBLIC RATE HEARING/MEETING

 

          The Board President will close the public Rate Hearing/Meeting at this time.

 

REGULAR SESSION – Action Items

 

3.       RESOLUTION NO. 06-6-1 ADOPTING AN AMENDMENT TO THE DISTRICT’S RULES AND REGULATIONS (Reference Material Included)

 

          The Board will review Resolution 06-6-1 and consider taking action on same.

 

          Recommended Board Action: The Board will consider adopting Resolution No. 06-6-1 which Resolution provides for an increase to the District’s water usage charge.

 

RESOLUTION NO. 06-6-1

 

RESOLUTION OF THE BOARD OF DIRECTORS OF THE

ELTORO WATER DISTRICT APPROVING AN AMENDMENT

TO THE DISTRICT’S RULES AND REGULATIONS,

WHICH AMENDMENT PROVIDES FOR

AN ADJUSTMENT TO THE DISTRICT’S WATER RATES

(PUBLIC RATE HEARING/MEETING – JUNE 22, 2006)

 

4.       BUDGET APPROVAL FOR FISCAL YEARS 2006/07 – RESOLUTION No. 06-6-2

          (Budget Under Separate Cover- Resolution Included in Package)

 

Mr. Grandy will comment on ETWD's proposed Budget for fiscal year 2006/07 and adoption of same, which are set forth in Resolution No. 06-6-2.

 

          Recommended Board Action:  The Board will consider adoption of Resolution No. 06-6-2, which Resolution adopts the District's 2006/2007 Budget for the 2006/07 fiscal year.

 

RESOLUTION NO. 06-6-2

 

RESOLUTION OF THE BOARD OF DIRECTORS OF THE

EL TORO WATER DISTRICT ADOPTING ITS BUDGET

FOR THE FISCAL YEAR 2006/07 AND FINDING THE BUDGET

IN COMPLIANCE WITH ARTICLE XIII B OF

THE CONSTITUTION OF THE STATE OF CALIFORNIA

AND THAT THE PROPOSED AD VALOREM

ASSESSMENTS OF THE DISTRICT ARE NOT

IN VIOLATION OF SECTIONS 93(a) AND

96.31 OF THE REVENUE AND TAXATION CODE

 

5.       Aliso Creek Waterline Crossing Protection Project – CEQA Compliance (CEQA Documents Included) (Initial Study/MNW Under Separate Cover)

 

Staff will review and comment on the California Environmental Quality ACT (CEQA) compliance process, preliminary conclusions and recommended environmental compliance action for the Aliso Creek Waterline Crossing Protection Project.  Based upon the results of a detailed Environmental Initial Study (EIS), staff has concluded that a Mitigated Negative Declaration (MND) is the appropriate CEQA compliance action for the Project.  A Notice of Intent to consider adoption of a MND has been filed with responsible project permitting agencies, the State Clearing House, the County of Orange and property owners located immediately adjacent to the construction site.  In addition and in accordance with CEQA, District Counsel published a Notice of Public Hearing in the Orange County Register.

 

A Public Hearing will be conducted to receive and consider oral and/or written public comments regarding approval and adoption of Mitigated Negative Declaration and the Mitigation Reporting and Monitoring Program for the Aliso Creek Waterline Crossing Protection Project.

 

6.       OPEN PUBLIC RATE HEARING

 

At this time, the Board will conduct a public hearing to receive and consider oral and/or written public comments regarding approval and adoption of the Mitigated Negative Declaration and the Mitigation Reporting and Monitoring Program for the Aliso Creek Waterline Crossing Protection Project. 

 

PUBLIC COMMENT

 

Staff will review and report on the public comments received to date.  In addition, those in attendance will be invited to present oral and/or written comments at this time.

 

CLOSE PUBLIC RATE HEARING

 

          The Board President will close the public hearing at this time.

 

REGULAR SESSION – ACTION ITEM

 

7.       The Board will consider making certain findings and taking action as follows:

 

(a)   Approval and adoption of the Mitigated Negative Declaration and the Mitigation Reporting and Monitoring Program for the Aliso Creek Waterline Crossing Protection Project.

 

          Recommended Board Action: The Board will consider adopting Resolution No.

06-6-3.

 

RESOLUTION NO. 06-6-3

 

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE EL TORO WATER DISTRICT (A) APPROVING

AND ADOPTING THE MITIGATED NEGATIVE DECLARATION,

(B) APPROVING AND ADOPTING THE MITIGATION REPORTING

AND MONITORING PROGRAM FOR THE ALISO CREEK

WATERLINE CROSSING PROTECTION PROJECT

(PUBLIC HEARING - JUNE 22, 2006)

 

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)

 

8.       Approval of Minutes (Minutes Included)

 

Approval of minutes for the May 15, 2006 Special Board Meeting and the May 25, 2006 Regular scheduled Board Meeting of the El Toro Water District Board of Directors meetings.

 

9.       Attendance at Conferences and Meetings

 

There were no requests for attendance.

 

APPROVAL OF ITEMS RECOMMENDED FOR APPROVAL BY THE ENGINEERING, FINANCE/INSURANCE (FIC): (Reference Material for the Action and Informational Items is included in the agenda package for the June 20, 2006 Engineering/FIC Meeting)

 

a.     Approve minutes for the May 23, 2006, Engineering and Finance/Insurance Committee meeting.

 

b.     Approve, ratify and confirm payment of those bills set forth in the schedule of Bills for Consideration dated June 20, 2006, and receive and file Financial Statements through May 31, 2006.

 

c.     2006/07 Budget Status Report and Cost of Living Adjustment Consideration - Approve a Cost of Living Adjustment for the District’s employees for fiscal year 2006-2007, effective July 1, 2006.

 

d.     El Toro Water District’s Quarterly Audit Report for January, February, and March 2006 – Authorize receiving and filing Caporicci & Larson’s Quarterly Audit Report of ETWD's Financial Statements for the period January 1, 2006 through March 31, 2006.

 

e.     South Coast Water District Joint Regional Water Supply System (JRWSS) Fiscal Year Budget 2006-2007 – Approve proposed 2006/07 JRWSS budget as submitted and incorporated into the ETWD 2006/07 Budget and authorize staff to provide written notification of such action to the JRWSS.

 

f.      South Orange County Wastewater Authority (SOCWA) 2006-07 Budget Approval – Approve proposed 2006/07 SOCWA Budget as submitted and authorize staff to provide written notification of such action to SOCWA.

 

g.     Annual Agreements Exceeding $20,000- for Fiscal Year 2004-05 - Authorize the District's General Manager and CFO to execute Purchase Orders with the following vendors:  (1) ADT Security not to exceed $21,000, (2) Spectrum Landscape not to exceed $71,000, and (3) Lou Rose Services (janitorial) not to exceed $28,000.

 

h.     Appointment of Auditor – Fiscal Year 2006-07- Authorize the District's President and Secretary to enter into a letter agreement with Caporicci & Larson for an amount not to exceed $22,575 for auditing the District's Financial Statements for fiscal year 2006/07.

 

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

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.

 

ATTORNEY REPORT

 

CLOSED SESSION

 

At this time, the Board President will call for a Closed Session regarding Personnel Matter pursuant to Government Code Section 54957(b)(1) - General Manager – Annual Performance Review.

 

OPEN SESSION

 

REPORT ON CLOSED SESSION (General Counsel)

 

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

 

REGULAR SESSION

 

Board Action: The Board will discuss and consider taking action on the General Manager’s compensation (merit raise).

 

GENERAL MANAGER ACTION ITEMS

 

10.     Adoption of Resolution No. 06-6-4 in Compliance of

          Senate Bill 1087 (SB 1087) (Reference Material Included)

 

          Staff and General Counsel will comment on the following: (1) SB 1087 (effective January 1, 2006), which Bill amended Government Code Section 65589.7 and added Water Section 10631, and (2) Resolution No. 06-6-4 adopting El Toro Water District’s Policies and Procedures for Providing Priority Service to Affordable Housing Projects in compliance with said Bill. 

 

          Government Code Section 65589.7 provides that public agencies or private entities that provide water or sewer services shall adopt, by July 1, 2006 and, at least every five years thereafter, written policies and procedures with specific objective standards for providing priority service to lower income housing projects.

 

Water Code Section 10631.1 provides that water use projections of Urban Water Management Plans shall include “projected water use” by lower income housing projects.

 

Recommended Board Action: The Board will consider adopting Resolution No. 06-6-4 adopting Polices and Procedures for Providing Priority Service to Affordable Housing Projects.

 

RESOLUTION NO. 06-6-4

 

RESOLUTION OF THE BOARD OF DIRECTORS OF THE

EL TORO WATER DISTRICT ADOPTING POLICIES AND

PROCEDURES FOR PROVIDING PRIORITY SERVICE TO

AFFORDABLE HOUSING PROJECTS

 

(GOVERNMENT CODE SECTION 65589.7)

 

GENERAL MANAGER INFORMATION ITEM

 

11.     General Manager’s Monthly Report (Report Included)

 

Mr. Hill will review and comment on the General Manager’s Monthly Report.

 

12.     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.

13.     SOCWA Reports (Oral Report)

 

a.  SOCWA Board Meeting June 1, 2006

b.  SOCWA Engineering Committee Meeting – June 8, 2006

c.  SOCWA Finance Committee Meeting – June 20, 2006

d.  SOCWA Capital Project Monthly Billing/Refund Schedules

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

(Reference Material Included)

a.     MWDOC Member Agency Manager’s Meeting – May 25, 2006

b.     MWDOC Planning and Operations Committee – June 5, 2006

c.     MWDOC Ad-Hoc Committee Meeting – June 8, 2006

d.     MWDOC Administration & Finance Committee – June 14, 2006

e.     MWDOC Board of Directors Meeting – June 21, 2006

15.     LOCAL AGENCY FORMATION COMMISSION (LAFCO) REPORT

(Reference Material Included)

 

a.  June 14, 2006 LAFCO Meeting (Meeting Cancelled)

b.  Endorsement for Regular and Alternate Special Districts Seats on the Local Agency Formation Commission (LAFCO)

 

16.     City Coordination Efforts (Reference Material Included)

a.  June 7, 2006 – City of Lake Forest Coordination Meeting

 

b.  June 13, 2006 - City of Mission Viejo Utility meeting (Meeting Canceled)

 

ATTORNEY REPORT

 

OPEN SESSION

 

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

 

DIRECTOR/COMMITTEE REPORTING AND GENERAL INFORMATION

 

17.     Director Reports for Meetings Attended (Oral Report)

 

18.     Computer Committee Report (Reference Material Included)

 

The Committee will report on the June 6, 2006 meeting.

 

19.     Dates to Remember for June/July 2006

          (Reference Material Included)

 

20.     Carry-Over Pending Matters

 

          There were 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, July 27, 2006 at 7:30 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.