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, 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
7:30 a.m.
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.
ITEMS RECEIVED TOO LATE TO BE AGENDIZED
Determine need and take action to agendize items(s) which arose subsequent to the posting of the Agenda. (ROLL CALL VOTE: Adoption of this recommendation requires a two-thirds vote of the Board members present, or, if less than two-thirds of the Board members are present, a unanimous vote of those members present.)
a.
Service
Awards
1) Mr. Hill will recognize and congratulate on behalf of the Board, Christopher Goodchild, Collections Maintenance Worker II, for 15 years of service with the District.
2) Mr. Hill will recognize and congratulate on behalf of the Board, Edward Peterson, Crew Chief, for 25 years of service with the District.
b.
Continuing
Education & Training, Degree and Certification Program acknowledgement
There
are no acknowledgements.
c.
Special District/Employee Association/Community
Award Acknowledgement and Employee Special Recognition
There are no acknowledgements.
(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 July 25, 2013 El Toro Water District Board of Directors meeting.
2. Approval of Conferences and Meetings
There were no requests for attendance.
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 August 20, 2013 Engineering and FIC Meeting)
a. Consider approving minutes for the July 23, 2013 Engineering and Finance/Insurance Committee meeting
b. Consider authorizing the District’s President and General Manager to enter into a contract with Industrial Construction & Electrical, Inc. in the amount of $30,350.00 for the installation of conduit and wire to provide an internet connection for the radio repeater at the R-4 Reservoir for the Radio Equipment Upgrade
c. Consider approving, ratify and confirm payment of those bills set forth in the schedule of Bills for Consideration dated August 20, 2013 and receive and file Financial Statements through July 31, 2013
ENGINEERING AND
FINANCE/INSURANCE COMMITTEE (FIC) GENERAL INFORMATION ITEMS TO BE RECEIVED AND
FILED
d. Receive and File the Quarterly Review of the 401(k) Pension Plan Performance
e. El Toro Water District Capital Project Status Report
f. Engineering Items Discussed at Various Conferences and Meetings
g. Receive and File the 2012/13 Water Budget Based Tiered Conservation Rate Structure and Water Usage Activity 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 Board Action: The Board will be requested to approve the items removed from today’s consent Calendar.
3. Director
Reports for Meetings Attended
(Oral Report)
GENERAL
MANAGER ACTION ITEMS
4. Resolution
No. 13-8-1 Adopting the 2013 South Orange County Integrated Regional Watershed
Management Plan
(Reference Material Included)
The
General Manager and Director/Treasurer Werner will review and comment on
Resolution No. 13-8-1 which adopts the 2013 South Orange County Integrated
Regional Watershed Management Plan (SOCIRWMP). The original Plan which
was previously adopted by the Board of Directors in 2005 (Resolution No.
05-6-3) has been updated by the SOCIRW Management Committee and subsequently
adopted by the SOCIRW Executive Committee on July 18, 2013. The adopted
2013 Plan must be submitted to the County to DWR on or before September 30,
2013.
Recommended Action: Adopt Resolution No. 13-8-1 which adopts the 2013
South Orange County Integrated Regional Watershed Management Plan.
RESOLUTION NO. 13-8-1
RESOLUTION OF THE BOARD OF DIRECTORS
OF
EL TORO WATER DISTRICT
ADOPTING THE 2013 SOUTH ORANGE COUNTY
INTEGRATED REGIONAL WATERSHED
MANAGEMENT PLAN
5. Renewal
of ISDOC's Membership in OCCOG and Amendments to ISDOC Bylaws (Reference Material
Included)
Staff will review and comment on the renewal of ISDOC's membership
in OCCOG and proposed amendments to the ISDOC Bylaws which were approved by the
Executive Committee on August 6, 2013.
Recommended Action: 1) Authorize the Board President or an
Alternate Board Member to act as the voting representative for the ETWD and
cast a vote to support or not support as deemed appropriate by the Board of
Directors renewing ISDOC's Membership in OCCOG, and 2) Direct the General Manager to
collaborate with South County Agencies regarding collective review and comment
on proposed amendments to the ISDOC Bylaws.
GENERAL MANAGER INFORMATION ITEMS
6. General Manager’s Monthly Report (Report Included)
Mr. Hill will review and comment on the General Manager’s Monthly Report.
7. Legislative Reports (Reference Material Included)
Mr. Hill will review and comment on the Legislative materials.
8. Public Education and Outreach/Water
Conservation Report
(Reference Material
Included)
a. Staff
will comment on ETWD’s Water Conservation report.
b. Staff will comment on ETWD’s
Public Outreach Program.
9. SOCWA Reports (Reference Material Included)
a. SOCWA Engineering Committee Meeting – July 30, 2013
b. SOCWA Finance Committee Meeting – July 31, 2013
c. SOCWA Board Meeting – August 1, 2013
d. SOCWA Engineering Committee Meeting – August 8, 2013 – canceled
e. SOCWA Executive Committee Meeting – August 14, 2013
10. MUNICIPAL WATER DISTRICT OF
(Reference Material Included)
a. MWDOC Board/Met Directors Workshop Meeting – August 7, 2013
b. MWDOC Special Admin/Finance Committee Meeting – August 8, 2013
c. MWDOC Administration & Finance Committee – August 14, 2013
d. MWDOC Board of Directors Meeting – August 21, 2013
11. LOCAL
AGENCY FORMATION COMMISSION (LAFCO) Report
a.
LAFCO Strategic Planning Meeting – August 14, 2013
12. South Orange County Watershed Management Area (SOCWMA)
Executive And Management Committee Reports
(Reference Material Included)
a. Report
on the August 5, 2013 Management Committee Meeting
13. ISDOC
Meetings
(Reference Material Included)
a.
Report on the August 6, 2013 Executive
Committee meeting
14. waco
Meetings
(Reference Material Included)
a. Report
on the August 2, 2013 WACO Meeting
b. Report
on the August 20, 2013 WACO Planning Committee Meeting
15. City Coordination Efforts
There were no meetings.
OPEN SESSION
CLOSED SESSION
At this time the
Board will go into Closed Session for the following matters:
1. to consult with legal counsel pursuant to Subdivision
(a) of Government Code Section 54956.9 [Existing Litigation]. D. Taitague
vs. El Toro Water District - Case No. 30-2013-00640876-CU-BC-CJC, Superior Court
of the State of California, County of Orange.
2.
to consult with legal counsel pursuant to Subdivision
(b) of Government Code Section 54956.9 [Potential Litigation]. Claim for
equitable indemnity filed by Shopping Center Associates.
3. to consult with legal counsel pursuant to subdivision (b)
(1) of Government
Code Section 54956.9 on a
matter of potential litigation - one matter.
4.
to consult with legal
counsel pursuant to Subdivision (a) of Government
Code Section 54956.9 [Existing Litigation]. Robertson's Ready Mix, Ltd., a Partnership
vs. Ryman Enterprises, Inc. aka Technical Enterprise & Management In
Communications, LLC dba Team Communications, LLC; El
Toro Water District; Developers Surety And Indemnity Company - Case No.
30-2013-00660193-CL-CL-CJC, Superior Court of the State of California, County
of Orange.
OPEN SESSION
REPORT ON CLOSED SESSION (General Counsel)
Mr. Granito will provide
an oral report on the Closed Session.
ACTION ITEM
Claim For
Consideration-
At this time the Board will
consider taking action on the claim filed by Shopping Center Associates.
COMMITTEE AND GENERAL
INFORMATION
16. Computer Committee Report (Reference Material Included)
There was no meeting.
17. Dates to Remember for August/September (Reference Material Included)
18. Carry-Over
Pending Matters
There
are no carry over items.
DIRECTOR COMMENTS/NON-AGENDA ITEMS
Recommended
Board Action: The
Board will be requested to take action adjourning today’s Board meeting to Thursday,
September 26, 2013 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,