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
AND
PLAN ADMINISRATOR MEETING
AND
PERSONNEL MEETING
7:30 a.m.
PLEDGE OF
ALLEGIANCE – Director Dudley
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
No acknowledgements this
month.
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.
(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 October 22, 2009 El Toro Water District Board of Directors meeting.
2. Approval of
Conferences and Meetings (No Reference Material)
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 November 23, 2009 Engineering/ FIC Meeting)
a. Consider approving the minutes for the October 20, 2009, Engineering and Finance/Insurance Committee meeting.
b. Consider 1)
approving commitment to continued participation in the Baker Project up to the
"second off ramp" (Construction Bid Opening), 2) consider authorizing
the President and General Manager to execute Amendment No. 1 to the Agreement
for Construction, Operations and Maintenance of the Baker Water Treatment
Plant, and 3) consider authorizing the General Manager to execute a revised
Baker Pipeline Capacity Transfer Memorandum of Understanding, and to include
therein or in a separate agreement, the cancelation/rescission of the MOU
between SMWD, MNWD, and ETWD regarding same.
c. Consider authorizing staff to 1) provide JPIA and UNUM with appropriate termination notice for our current LTD, STD and Life insurance coverage, and 2) to enter into agreements with Assurant Insurance for LTD/STD Insurance coverage and MetLife for Life Insurance coverage, effective March 1, 2010.
d. Consider approving, ratify and confirm payment of those bills set forth in the schedule of Bills for Consideration dated November 23, 2009, and receive and file Financial Statements for the period ending October 31, 2009.
e. Consider adopting Resolution No. 09-11-1 adopting staff’s revisions to the District’s Purchasing Policy Statement 1996-13 (IV).
f. Consider 1) approving renewal of the District’s membership in ACWA in the amount of $16,967.50 for calendar year 2010, and 2) consider approving renewal of the District’s membership in CSDA in the amount of $4,088.00 for calendar year 2010.
ENGINEERING AND FINANCE/INSURANCE COMMITTEE
(FIC) GENERALINFORMATION ITEMS TO BE RECEIVED AND FILED
g.
El Toro Water District Capital Project Status Report
h.
Engineering Items Discussed at Various
Conferences and Meetings.
i. Receive and File the County's recent certification of the 2009/10 Proposition 1A receivable amount for the District
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.
PLAN ADMINISTRATOR MEETING
At this time President
Martin will call the meeting of the Plan Administrator of the El Toro Water
District’s 401(k) Retirement Savings Plan and Trust Agreement to order.
3. Quarterly
Review of Pension Plan Performance (Reference Material
Included)
Representatives from Union Bank will review and
comment on the investment performance of the District’s 401(k) Retirement Plan
Investment Report as of September 30, 2009.
CLOSE PLAN ADMINISTRATOR MEETING
PERSONNEL COMMITTEE MEETING
CALL MEETING
TO ORDER – Chairman Kahn
4.
Staff will review and comment on the 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 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
5. Director Reports for Meetings
Attended (Oral Report)
GENERAL
MANAGER ACTION ITEMS
6. Water
Budget Based Tiered Conservation Rate Structure Project (Reference Material Included)
Staff
will review and comment on a preliminary proposal received from Continental
Utility Solutions, Inc. (CUSI) to perform custom modifications to the
District’s current billing system to accommodate and support implementation of
a Water Budget Based Tiered Conservation Rate Structure. The preliminary
proposal will be the basis for further scope and cost negotiations. Staff
anticipates that the actual cost will not exceed $45,000.
Recommended Action:
The
Committee will consider authorizing the General Manager to negotiate and enter
into an agreement with CUSI in the not to exceed amount of $45,000 to perform
custom modifications to the District’s current billing system to accommodate
and support implementation of a Water Budget Based Tiered Conservation Rate
Structure.
7. National Water Resource Association (NWRA) Board of Directors Election (Reference Material Included)
Staff will review and comment on the candidates to represent ACWA as National Water Resource Association (NWRA) board of directors for the next two years.
Recommended Action: Staff recommends that the Board of Directors authorize the District’s General Manager to cast the District’s ballot in support of five candidates to represent ACWA as National Water Resource Association (NWRA) board of directors for the next two years.
8. Association
of California Water Agencies (ACWA) Officer Elections
(Reference Material
Included)
Staff will review and
comment on the procedure to be used regarding the nomination and election of
ACWA officers during the ACWA Fall Conference.
Each member agency is
entitled to one vote on behalf of the District. The Nominating Committee will present its
report during a general session meeting immediately following the luncheon at
the ACWA Fall Conference on Wednesday, December 2, 2009.
Recommended Action: Staff recommends that the Board of Directors
authorize the Board President to cast the District’s vote regarding the
nomination and election of ACWA officers during the ACWA General Session on
Wednesday, December 2, 2009.
GENERAL
MANAGER INFORMATION ITEMS
9. General Manager’s Monthly Report (Report Included)
Mr. Hill will review and comment on the General Manager’s Monthly Report.
10. Scheduling of ETWD’s Board of Director’s Regular Scheduled Meetings for Calendar Year 2010 (Reference Material Included)
Staff will review
and comment on the various conferences and meetings for calendar year 2010 that
might conflict with the Board of Director's Regular scheduled 2010 Meetings to
determine whether they wish to make modifications to the current schedule. The Board Meetings are held the fourth
Thursday of each month at 7:30 a.m. and the Finance and Insurance Committee
meets the Tuesday prior to the fourth Thursday at 7:30 a.m.
Should
the Board elect to change the time and/or date of a meeting, they will be
requested to adopt a resolution at the December 17, 2009 Board meeting
establishing the place, time and date for scheduled Board meetings for calendar
year
2010.
11. 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.
12. Legislative Report (Reference Material Included)
Mr. Hill will review and comment on the Legislative materials.
13. 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.
14. SOCWA Reports (Reference Material Included)
a. SOCWA Engineering Committee Meeting – November 12, 2009
b. SOCWA Finance Committee Meeting – November 17, 2009
15. MUNICIPAL WATER DISTRICT OF
(Reference Material Included)
a. MWDOC Member Agency Managers Meeting – October 22, 2009
b. MWDOC Planning and Operations Committee – November 2, 2009
c. MWDOC Board/Met Directors Workshop Meeting – November 4, 2009
d. MWDOC Admin/Finance Committee Meeting – November 12, 2009
e. MWDOC Board Meeting – November 18, 2009
16. LOCAL AGENCY FORMATION COMMISSION (LAFCO) REPORT (Reference Material Included)
a. Report on LAFCO Meeting – November 18, 2009
b.
Status report on activities related to the continued South County/MWDOC
organizational
restructuring discussions.
17. City COORDINATION
EFFORTS (Reference Material Included)
There were no meetings.
ATTORNEYS 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
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).
REPORT ON CLOSED SESSION (General Counsel)
Mr. Granito will
provide an oral report on the Closed Session.
REGULAR SESSION
COMMITTEE AND GENERAL INFORMATION
18. Computer Committee Report
There was no meeting this month.
19. Dates to Remember for
November/December (Reference Material Included)
20. Carry-Over Pending Matters (Oral Report)
a) Customer Identity
Theft Liability Coverage
Recommended
Board Action: The
Board will be requested to take action adjourning today’s Board meeting to Thursday,
December 17, 2009 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,