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, Secretary of the

El Toro Water District and the Board of

Directors thereof

 

 

AGENDA

 

EL TORO WATER DISTRICT

 

PLAN ADMINISTRATOR MEETING

AND

ENGINEERING COMMITTEE

AND

FINANCE/INSURANCE COMMITTEE MEETING

 

August 20, 2013

 

7:30 a.m.

 

CALL TO ORDER – Chairman Goldman

 

PLEDGE OF ALLEGIANCE – President Martin

 

ORAL COMMUNICATION – PUBLIC COMMENT

Members of the public may address the Committee at this time or they may reserve this opportunity with regard to an item on the agenda until said item is discussed by the Committee.  Comments on other items will be heard at the time set aside for “COMMENTS REGARDING 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.)

 

1.         Approval of Minutes

 

The Engineering and FIC Committee will consider approving minutes for the July 23, 2013 Engineering and Finance/Insurance Committee meeting.

 

Recommended Action at the August 22, 2013 Board Meeting: Approve minutes for the July 23, 2013 Engineering and Finance/Insurance Committee meeting and place on the Engineering and Finance/Insurance Committee’s approval list for the August 22, 2013 meeting of the Board of Directors.

 

            Committee Recommendation: The Committee will consider placing this item on the Engineering and Finance/Insurance Committee approval list for the regular meeting of the Board of Directors.

 

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.

 

2.       Quarterly Review of Pension Plan Performance  (Reference Material Included)

 

A representative from HighMark will review and comment on the investment performance of the District’s 401(k) Retirement Plan.

 

CLOSE PLAN ADMINISTRATOR MEETING

 

REGULAR SESSION

 

ENGINEERING COMMITTEE

 

CALL MEETING TO ORDER – Chairman Goldman

 

ENGINEERING ACTION ITEMS

 

3.         Radio Equipment Upgrade (Reference Material included)

 

Staff will review and comment on the construction contract for the installation of conduit and wire to facilitate an internet connection necessary for the new repeater at the R-4 Reservoir site.

 

Recommended Action at the August 22, 2013 Board Meeting: 

 

Staff recommends that the Board of Directors authorize 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. Staff also recommends that the Board authorize the General Manager to fund the project costs from the District’s Capital Reserves in accordance with the District’s adopted Capital Reserve Policy.

 

Committee Recommendation:  The Committee will consider placing this matter on the Engineering and Finance/Insurance Committee's recommended approval list for the regular meeting of the Board of Directors.

 

ENGINEERING GENERAL INFORMATION ITEMS

 

4.         El Toro Water District Capital Project Status Report

            (Reference Material Included)

 

Mr. Cafferty will review and comment on the El Toro Water District Capital Project Status Report.

 

5.         Engineering Items Discussed at Various Conferences and Meetings (Oral Report)

 

            The Committee will discuss any pertinent Engineering items discussed at Conferences.

 

COMMENTS REGARDING NON-AGENDA ENGINEERING COMMITTEE ITEMS

 

CLOSE ENGINEERING COMMITTEE MEETING

 

FINANCE/INSURANCE COMMITTEE MEETING

 

CALL MEETING TO ORDER – Director Werner

  

TREASURER ACTION ITEMS

 

6.         Financial Package - Authorization to Approve Bills for Consideration dated August 20, 2013 and Receive and File Financial Statements as of July 31, 2013 (Reference Material Included)

 

Staff will review and comment on the Bills for Consideration dated August 20, 2013 and Receive and File Financial Statements as of July 31, 2013.

 

Recommended Action at the August 22, 2013 Board Meeting: Staff recommends that the Board: 1) Approve, ratify and confirm payment of those bills as set forth in the schedule of Bills for Consideration dated August 20, 2013, and 2) receive and file the Financial Statements for the period ending July 31, 2013 and place on the Engineering and Finance/Insurance Committees approval list for the August 22, 2013 meeting of the Board of Directors.

 

Committee Recommendation: The Committee will consider placing this matter on the Engineering and Finance/Insurance Committee recommended approval list for the regular meeting of the Board of Directors.

 

TREASURER INFORMATION ITEMS

 

7.         Water Budget Based Tiered Conservation Rate Structure & Usage Activity Report (Reference Material Included)  

 

Staff will review and comment on the Water Budget Based Tiered Conservation Rate Structure and Water Usage activity for the 2012/13 fiscal year.

 

Comments Regarding Non-Agenda FIC Items

 

CLOSE FINANCE AND INSURANCE COMMITTEE MEETING

 

ATTORNEY REPORT

 

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.

 

ADJOURNMENT TO 7:30 a.m., Tuesday, September 24, 2013.

 

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.