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

 

FEBRUARY 25, 2010
4:00 p.m.

 

CALL MEETING TO ORDER – President Martin

 

PLEDGE OF ALLEGIANCE – Vice President 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

 

     No acknowledgement this month.

 

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

 

Mr. Hill will recognize and congratulate on behalf of the Board of Directors 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

 

   No acknowledgement 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 January 12, 2010 Special Board meeting, and the January 28, 2010 Board of Director’s 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 February 25, 2010 Engineering/FIC Meeting)

 

a.      Consider approving the minutes for the January 26, 2010 Engineering and Finance/Insurance Committee meeting.

 

b.      Consider authorizing the District’s General Manager to enter into a contract with Motoronics in the amount of $26,438.85 for the installation of the WRP Fiber Optics System Loop.

 

c.      Consider approving, ratify and confirm payment of those bills set forth in the schedule of Bills for Consideration dated February 23, 2010, and receive and file Financial Statements through January 31, 2010.

 

  1. Consider revisions to the District’s Policy Statement 1985-5 (IV) Travel and Expense Reimbursement Policy as discussed and deemed appropriate.

 

  1. Consider approving the District’s Charter Premier membership in the Lake Forest Chamber of Commerce in the amount of $465.00.

 

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

 

f.        El Toro Water District Capital Project Status Report

g.      Engineering Items Discussed at Various Conferences and Meetings

h.      Receive and File the Quarterly Review of ETWD’s Pension Plan Performance

i.        Receive and File the 2009/10 Water Conservation and Water Supply Shortage Status Report

j.         Receive and File the Update on the District’s 2010/11 Budget/Rate Structure

     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.

 

PUBLIC HEARING

 

3.        Resolution No. 10-2-1 to Amend Level I Water Supply Shortage Implementation Provisions (Reference Material Included)

 

Staff will review and comment on proposed amendments to the District's Level I Water Supply Shortage Implementation Provisions which were adopted on May 28, 2009 as Exhibit A to Resolution No. 09-5-3.  Proposed amendments include:

 

1)  Adding a provision that, subject to the results of a 2009/10 year-end reconciliation of Wholesale Water Supplier penalty assessments imposed upon the District and costs incurred for the District's 2009/10 allocation/conservation efforts, provides for the Board of Directors to utilize remaining penalty funds to accommodate a year-end prorate annualized penalty credit.

 

2)  Establishing May 1, 2010 as a customer communication transition date for the proposed Water Budget Based Tiered Conservation Rate Structure concurrent with suspension of the District's existing 2009/10 water allocation penalty program.

 

OPEN PUBLIC HEARING

 

At this time the Board of Directors will conduct a Public Hearing to receive and consider public comments regarding adoption of Resolution No. 10-2-1 which amends the District's Level I Water Supply Shortage Implementation Provisions which were adopted on May 28, 2009 as Exhibit A to Resolution No. 09-5-3.

 

PUBLIC COMMENT

 

The Public will be invited to comment on proposed amendments to the District's Level I Water Supply Shortage Implementation Provisions which were adopted on May 28, 2009 as Exhibit A to Resolution No. 09-5-3.

 

CLOSE PUBLIC HEARING

 

            The Board President will close the Public Hearing at this time.

 

REGULAR SESSION

 

GENERAL MANAGER ACTION ITEMS

 

4.        Resolution No. 10-2-1 to Amend Level I Water Supply Shortage Implementation Provisions (Reference Material Included)

 

The Board will review Resolution No. 10-2-1 and consider taking action on same.

 

Recommended Action:  The Board will consider adopting Resolution No. 10-2-1, which Resolution which amends the District's Level I Water Supply Shortage Implementation Provisions which were adopted on May 28, 2009 as Exhibit A to Resolution No. 09-5-3.

 

RESOLUTION NO. 10-2-1

 

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE EL TORO WATER DISTRICT

TO AMEND THE DISTRICT'S LEVEL 1 WATER SUPPLY SHORTAGE IMPLEMENTATION PROVISIONS

PURSUANT TOTHE DISTRICT’S WATER CONSERVATION AND

WATER SUPPLY SHORTAGE ORDINANCE

(Ordinance No. 2009-1)

 

5.         Resolution No. 10-2-2 Concurring in the Nomination of Joan C. Finnegan as President of the Association of California Water Agencies/Joint Powers Insurance Authority (ACWA/JPIA) (Reference Material Included)

 

            Staff will comment on Resolution No. 10-2-2 concurring in the nomination of Joan C. Finnegan as President of the Association of California Water Agencies/Joint Powers Insurance Authority (ACWA/JPIA).

 

            Recommended Action: The Board will consider adopting Resolution No. 10-2-2 concurring in the nomination of Joan C. Finnegan as President of the Association of California Water Agencies/ Joint Powers Insurance Authority (ACWA/JPIA).

 

RESOLUTION NO. 10-2-2

 

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE EL TORO WATER DISTRICT

CONCURRING IN THE NOMINATION

OF JOAN C. FINNEGAN AS PRESIDENT

OF THE ASSOCIATION  OF CALIFORNIA WATER AGENCIES

JOINT POWERS INSURANCE AUTHORITY

 (ACWA/JPIA)

 

 

6.         Resolution No. 10-2-3 Concurring in the Nomination of Merle J. Aleshire as Vice President of the Association of California Water Agencies Joint Powers Insurance Authority (ACWA/JPIA) (Reference Material Included)

 

            Staff will comment on Resolution No. 10-2-3 concurring in the nomination of Merle J. Aleshire as Vice President of the Association of California Water Agencies Joint Powers Insurance Authority (ACWA/JPIA).

 

            Recommended Action: The Board will consider adopting Resolution No. 10-2-3 concurring in the nomination of Merle J. Aleshire as Vice President of the Association of California Water Agencies Joint Powers Insurance Authority (ACWA/JPIA).

 

RESOLUTION NO. 10-2-3

 

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE EL TORO WATER DISTRICT

CONCURRING IN THE NOMINATION

OF MERLE J. ALESHIRE AS VICE PRESIDENT

OF THE ASSOCIATION  OF CALIFORNIA WATER AGENCIES

JOINT POWERS INSURANCE AUTHORITY

 (ACWA/JPIA)

 

DIRECTOR/COMMITTEE REPORTING

 

7.         Director Reports for Meetings Attended (Oral Report)

 

GENERAL MANAGER INFORMATION ITEMS

 

8.         Poseidon Resources (Surfside) LLC Ocean Desalination Projects – Status Report (Oral Report)

 

Representatives from Poseidon will provide the Board with a status report on the proposed Carlsbad and Huntington Beach Public/Private Partnership Ocean Desalination Projects.

 

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

 

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

 

10.       Legislative Reports (Reference Material Included)

 

Mr. Hill will review and comment on the Legislative materials.

 

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 Engineering Committee Meeting – February 11, 2010

b.      SOCWA Finance Committee Meeting – February 16, 2010

 

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

(Reference Material Included)

a.      MWDOC General Managers Meeting – January 28, 2010

b.      MWDOC Planning & Operations Meeting – February 1, 2010

c.      MWDOC/MET Directors Workshop – February 3, 2010

d.      MWDOC Administration & Finance Committee – February 10, 2010

e.      MWDOC Board of Directors Meeting – February 17, 2010

 

14.       LOCAL AGENCY FORMATION COMMISSION (LAFCO) REPORT

(Reference Material Included)

 

a.   Report of the LAFCO meeting of February 10, 2010

b.   South County/MWDOC organizational restructuring.

 

1.         Status of Negotiations

 

2.         Creation of a South Orange County Water Authority - Status of Consultant Proposal to identify LAFCO Proceedings and to prepare a Plan of Service/Application.

 

15.       CITY COORDINATION EFFORTS

 

            There were no meetings.

 

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).

 

OPEN SESSION

 

REPORT ON CLOSED SESSION (General Counsel)

 

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

 

COMMITTEE AND GENERAL INFORMATION

 

16.       Computer Committee Report

 

a.   Report of the Computer Committee meeting of February 8, 2010

17.       Dates to Remember for February/March 2010 (Reference Material Included)

 

18.       Carry-Over Pending Matters

 

            a)         Keena Thomas Communications’ Year-to-Date Expenditures

 

DIRECTOR COMMENTS/NON-AGENDA ITEMS

 

ADJOURNMENT

 

Recommended Board Action: The Board will be requested to take action adjourning today’s Board meeting to Thursday, March 25, 2010 at 4:00 p.m.

at the El Toro Water District, 24251 Los Alisos Boulevard, Lake Forest, California.

 

The agenda material for this meeting is available to the public at the District's Administrative Office, which is located at 24251 Los Alisos Blvd., Lake Forest, Ca. 92630. If any additional material related to an open session agenda item is distributed to all or a majority of the board of directors after this agenda is posted, such material will be made available for immediate public inspection at the same location.

 

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, Polly Welsch 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: Polly Welsch