MINUTES OF THE REGULAR MEETING
OF THE BOARD OF DIRECTORS
MUNICIPAL WATER DISTRICT OF ORANGE COUNTY
August 18, 2010
At 8:30 a.m. Director Clark (Acting Chairman in the absence of President Finnegan)
called to order the Regular Meeting of the Municipal Water District of Orange County in
the Board Room at the District facilities located in Fountain Valley. Director Royce led
the Pledge of Allegiance and Secretary Goldsby called the roll.
MWDOC DIRECTORS
Brett R. Barbre
Wayne A. Clark
Larry Dick
Joan C. Finnegan (absent)
Susan Hinman
Ed Royce, Sr.
Jeffery M. Thomas (absent)
STAFF
Kevin Hunt, General Manager
Karl Seckel, Assistant Gen. Mgr. (absent)
Russ Behrens, Legal Counsel
Maribeth Goldsby, Board Secretary
Phil Letrong, Finance Manager
Harvey De La Torre, Principal Analyst
David Cordero, Dir. of Governmental Affairs
Darcy Burke, Dir. of Public Affairs
Warren Greco, Water Resources Analyst
Tiffany Baca, Sr. Administrative Asst.
ALSO PRESENT
Dick Dietmeier
Bob Moore
Dick Ackerman
Ed Means
Robert Hanford
Diana Leach
Howard Johnson
Linda Ackerman
Jim Fisler
Trudy Ohlig-Hall
Bob McVicker
South Coast Water District
South Coast Water District
Nossaman LLP
Malcolm Pirnie
Golden State Water Company
Consultant to Golden State Water Company
City of Huntington Beach
MWDOC MET Director
Mesa Consolidated Water District
Mesa Consolidated Water District
Mesa Consolidated Water District
PUBLIC PARTICIPATION/PUBLIC COMMENT
Director Clark announced members of the public wishing to comment on agenda items
could do so after the item has been discussed by the Board and requested members of
the public identify themselves when called on. Mr. Clark asked whether there were any
comments on other items which would be heard at this time.
No comments were made.
Minutes
August 18, 2010
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.)
No items were presented.
ITEMS DISTRIBUTED TO THE BOARD LESS THAN 72 HOURS PRIOR TO
MEETING
Director Clark inquired as to whether there were any items distributed to the Board less
than 72 hours prior to the meeting.
No items were distributed.
EMPLOYEE SERVICE AWARDS
Director Clark presented Tiffany Baca a service pin for one-year of service to the
District.
CONSENT CALENDAR
Director Clark stated all matters under the Consent Calendar would be approved by one
MOTION unless a Director wished to consider an item separately.
Director Hinman advised that she requested the July 21, 2010 Board meeting minutes
be revised (page 8, under Directors’ Reports) to reflect that she attended the June 17,
2010 Moulton Niguel Water District Board meeting.
Director Dick commented on the Public Affairs & Legislation Committee meeting
minutes and requested staff provide a full accounting (final numbers) of the OC Water
Summit costs.
Upon MOTION by Director Hinman, seconded by Director Royce, and carried (4-0), the
Board approved the Consent Calendar items as amended. (Directors Thomas, Barbre
and Finnegan were absent from voting).
MINUTES
The following minutes were approved as amended.
July 7, 2010 Workshop Board Meeting
July 21, 2010 Regular Board Meeting
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August 18, 2010
COMMITTEE MEETING REPORTS
The following Committee Meeting reports were received and filed as presented.
Planning & Operations Committee Meeting: August 2, 2010
Administration & Finance Committee Meeting: July 14, 2010
Public Affairs & Legislation Committee Meeting: June 21, 2010
Public Affairs & Legislation Committee Meeting: July 19, 2010
Executive Committee Meeting: July 22, 2010
MWDOC/OCWD Joint Planning Committee Meeting: July 28, 2010
TREASURER'S REPORTS
The following items were ratified as presented.
MWDOC Revenue/Cash Receipt Register as of July 31, 2010
MWDOC Disbursement Register as of July 31, 2010
The following items were received and filed as presented.
MWDOC Summary of Cash and Investment and Portfolio Master Summary
Report (Cash and Investment report) as of June 30, 2010
Water Use Efficiency Projects Cash Flow
DISTRICT CONFERENCES/SEMINARS
The Board authorized attendance by Directors and such members of District staff as
approved by the General Manager, at the following conferences/seminars:

ACWA Fall Conference, November 30-December 3, 2010, Indian Wells,
CA
END CONSENT CALENDAR
ACTION CALENDAR
(Director Barbre arrived at 8:40 a.m.)
ESTABLISHMENT OF SOCIAL MEDIA POLICY
General Manager Hunt advised that the Public Affairs & Legislation Committee
reviewed this policy and recommended that it be approved by the Board.
Director Dick noted that although he was reluctant to support the policy at first, he
believes his concerns were appropriately addressed at the Committee meeting.
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August 18, 2010
Director Hinman advised that the Committee recommended the policy be reviewed in
six months.
Upon MOTION by Director Dick, seconded by Director Hinman, and carried (5-0), the
Board adopted the Social Media Use Policy as presented, and directed staff to provide
an update (on implementation of social media) in February 2011.
ESTABLISHMENT OF LEGISLATIVE POSITIONS
Director of Governmental Affairs, David Cordero, advised that although the Public
Affairs & Legislation Committee concurred with the staff positions on AB 1260
(Fuller/Support), AB 1265 (Caballero, Jeffries, Ma/Support), and AB 1975
(Fong/Oppose unless amended), the only bill appropriate to present to the Board for
consideration was AB 1975 (Fong re water charges and meters). He advised that AB
1260 and AB 1265 moved through the legislature very quickly, were already approved
and were waiting for the Governor’s signature for implementation.
Director Barbre commented on SB 501 (Correa re compensation for public officials),
noting his support for the legislation and his desire to be involved in crafting the
legislation. To highlight the transparency of the District, he encouraged placing all
documentation regarding Director compensation on the website. The Board held a brief
discussion on this legislation, and directed staff to place this legislation on the next
MWDOC/OCWD Joint Planning Committee agenda for discussion and/or action.
Upon MOTION by Director Hinman, seconded by Director Royce, and carried (5-0), the
Board adopted an “Oppose unless Amended” position on AB 1975 (Fong).
PRESENTATION BY ED MEANS (MALCOLM PIRNIE) REGARDING MWDOC
DRAFT STRATEGIC REVIEW
Mr. Ed Means (Malcolm Pirnie) provided an overview of each of the goal statements
developed at the June 12, 2010 strategic review workshop. These goal statements
included:
1. MWDOC will provide leadership and advocacy on Regional and Orange
County water issues at MET
2. MWDOC will support water programs and policies that seek to develop
sustainable, reliable and high quality water supplies for its service area
3. MWDOC will be a prudent manager of the financial resources, assets,
human talent, and rate setting authority entrusted to it and pursue funding
opportunities for the service area
4. MWDOC will engage and understand the communities it serves in order to
meet their water needs and ensure that these communities understand
the water challenges faced by the region
Considerable discussion ensued regarding each goal statement and as a result of a
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August 18, 2010
comment by Director Barbre, the word “support” in the second goal statement will be
changed to the word “advocate.” The topic of the term “communities” arose (as a
result of goal statement 4) with respect to whether the term refers to the client agencies
or the general public and it was agreed that this issue would be placed on the
September 18, 2010 workshop agenda for further discussion.
Mr. Means concluded the presentation with an overview of the next steps, which include
a management team workshop (August), additional Board workshop on September 18,
2010, and the anticipated adoption by the Board in October.
INFORMATION CALENDAR
GENERAL MANAGER'S REPORT, AUGUST 2010
General Manager Hunt advised that the General Manager’s report was included in the
Board packet.
Director Dick requested further information on a meeting the General Manager had with
representatives from the City of Industry; staff will provide Director Dick an update.
Director Dick also inquired as to the status of the ACWA Centennial Sponsorship that
MWDOC approved in July ($500) and requested staff to follow up with ACWA to ensure
that MWDOC’s name is listed as a sponsor.
In response to an inquiry by Director Hinman, discussion was held regarding options to
increase attendance at the Managers’ meetings and communication with the client
agencies (as well as options to increase communication on MWDOC issues with the
elected officials – in addition to the General Managers).
The Board received and filed the report as presented.
MWDOC GENERAL INFORMATION ITEMS
BOARD OF DIRECTORS
In addition to the regular MWDOC Board and Committee meetings attended by the
Directors, the following reports were made on conferences and meetings attended on behalf
of the District.
Director Barbre reported on his MET activities including his attendance at the MET
Board and Committee meetings.
Director Dick reported on attending the WACO Planning Committee meeting, the
WACO meeting, and the MET IRP meeting (in San Diego). He then highlighted his
recent vacation to the mid-east where he had the opportunity to visit the desalter in the
City of Ashkelon, noting that Israel maintains a very high priority on water issues.
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Director Royce reported on his attendance at the ISDOC Executive Committee meeting,
the WACO meeting, and the MET Board meeting.
Director Hinman highlighted a tour she attended at the North Orange County
Emergency Operations Center (with Kelly Hubbard), as well as her attendance at the
Operational Area Executive Board meeting (along with the Emergency Council
meeting), the South Coast Water District Board meeting, the August MET Committee
meetings, the Moulton Niguel Water District Engineering Committee meeting, and the
South Coast Water District Admin/Finance Committee meeting.
Director Clark advised that he attended two Irvine Ranch Water District Board
meetings, and the El Toro Water District hearing on tiered rates. He thanked the Board
and staff for the flowers sent while his wife was recovering from a recent illness.
CLOSED SESSION
At 9:24 a.m., Legal Counsel Behrens announced that the Board would adjourn to
closed session for the following:
1.
2.
Conference with Legal Counsel – Anticipated Litigation
Pursuant to Government Code Section 54956.9(c) (two cases); and
Conference with Legal Counsel – Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Title: San Diego County Water Authority v. Metropolitan Water District of
Southern California; all persons interested in the validity of the rates
adopted by the Metropolitan Water District of Southern California on April
13, 2010 et al, Los Angeles Superior Court, Case No. BS 126888
RECONVENE
The Board reconvened at 10:30 a.m., and Legal Counsel Behrens reported that the
Board authorized the General Manager to execute the tolling agreement in the case of
Orange County Water District v. Northrup Grumman Systems Corporation et al, Orange
County Superior Court No. 04CC00715.
Mr. Behrens further announced that the Board authorized the District to file an answer
in the SDCWA v MET el al case.
ADJOURNMENT
There being no further business to come before the Board, Director Clark adjourned the
meeting at 10:35 a.m.
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August 18, 2010
APPROVED
_____________________________
Joan C. Finnegan, President
_______________________________
Maribeth Goldsby, Secretary
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