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At 8:30 am President Hinman called to order the Regular Meeting of ...

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MINUTES OF THE ADJOURNED REGULAR MEETINGOF THE BOARD OF DIRECTORSMUNICIPAL WATER DISTRICT OF ORANGE COUNTYJune 25, 2007<strong>At</strong> 8:<strong>30</strong> a.m. <strong>President</strong> <strong>Hinman</strong> <strong>called</strong> <strong>to</strong> <strong>order</strong> <strong>the</strong> <strong>Regular</strong> <strong>Meeting</strong> <strong>of</strong> <strong>the</strong> MunicipalWater District <strong>of</strong> Orange County in <strong>the</strong> Board Room at <strong>the</strong> District facilities located inFountain Valley. Direc<strong>to</strong>r Royce led <strong>the</strong> Pledge <strong>of</strong> Allegiance and Secretary Goldsby<strong>called</strong> <strong>the</strong> roll.MWDOC DIRECTORSErgun "Eric" BakallBrett R. Barbre (absent)Wayne A. ClarkLarry DickJoan C. FinneganSusan <strong>Hinman</strong>Ed Royce, Sr.STAFFKevin Hunt, General ManagerKarl Seckel, Assistant Gen. Mgr.Dan Payne, Legal CounselMaribeth Goldsby, Board SecretaryDeven Upadhyay, Principal AnalystMatt S<strong>to</strong>ne, Associate General ManagerJudy Pfister, Sr. AccountantALSO PRESENTDick DietmeierMike DunbarVikki BeatleyTrudy Ohlig-HallBob KellisonPeer SwanDon ChaddSteve AndersonSouth Coast Water DistrictSouth Coast Water DistrictMesa Consolidated Water DistrictMesa Consolidated Water DistrictCity <strong>of</strong> Fountain ValleyIrvine Ranch Water DistrictTrabuco Canyon Water DistrictMWDOC MET Direc<strong>to</strong>rPUBLIC PARTICIPATION/PUBLIC COMMENT<strong>President</strong> <strong>Hinman</strong> announced members <strong>of</strong> <strong>the</strong> public wishing <strong>to</strong> comment on agenda itemscould do so after <strong>the</strong> item has been discussed by <strong>the</strong> Board and requested members <strong>of</strong> <strong>the</strong>public identify <strong>the</strong>mselves when <strong>called</strong> on. <strong>President</strong> <strong>Hinman</strong> asked whe<strong>the</strong>r <strong>the</strong>re wereany comments on o<strong>the</strong>r items which would be heard at this time.Mr. Richard Dietmeier (South Coast Water District) expressed concern with <strong>the</strong> SmarTimerProgr<strong>am</strong>, noting that he believed under drought conditions using a SmarTimer couldincrease water usage, which would <strong>the</strong>n increase water bills. He did note, however, that<strong>the</strong> device has a manual “on/<strong>of</strong>f” switch which could be enabled in drought conditions. Herequested that staff research his concerns and provide him additional information on thisissue.ITEMS RECEIVED TOO LATE TO BE AGENDIZEDDetermine need and take action <strong>to</strong> agendize items(s), which arose subsequent <strong>to</strong> <strong>the</strong>posting <strong>of</strong> <strong>the</strong> Agenda. (ROLL CALL VOTE: Adoption <strong>of</strong> this recommendation requires a


Minutes June 25, 2007DISTRICT CONFERENCES/MEETINGS/SEMINARSThe Board authorized attendance by Direc<strong>to</strong>rs and such members <strong>of</strong> District staff asapproved by <strong>the</strong> General Manager for <strong>the</strong> following conferences, meetings, and seminars:• Delta Vision Workshop, Fresno Convention Center, July 27, 2007• ACWA Fall Conference, November 27-<strong>30</strong>, 2007, Indian Wells, CASMARTIMER AND EDGESCAPE EVALUATION PROJECT – INCREASE TOSIERRA ANALYTICAL CONTRACTThe Board authorized an increase <strong>of</strong> $55,200 <strong>to</strong> <strong>the</strong> Sierra Analytical purchase requisition<strong>to</strong> test for three additional water quality constituents for a <strong>to</strong>tal <strong>of</strong> $220,800. This increasewill be funded by grants from <strong>the</strong> SWRCB, lowering rebate incentives <strong>to</strong> be paid <strong>to</strong>participants for site improvements.SELECTION OF DISTRICT AUDITORThe Board authorized <strong>the</strong> General Manager <strong>to</strong> engage Diehl Evans & Company <strong>to</strong> perform<strong>the</strong> District’s annual audit for <strong>the</strong> fiscal year 2006-07.ACTION CALENDAREND CONSENT CALENDARMWDOC RATES AND CHARGES FOR FISCAL YEAR 2007/2008 (ADOPTWATER RATES RESOLUTION)<strong>President</strong> <strong>Hinman</strong> stated that <strong>the</strong> Administration & Finance Committee reviewed this itemand recommended it for Board approval. Legal Counsel explained that <strong>the</strong> Resolutionincluded in <strong>the</strong> Board packet was inadvertently printed with a few typographical errors andthat a corrected version <strong>of</strong> <strong>the</strong> Resolution in <strong>the</strong> form recommended for approval by <strong>the</strong>Administration & Finance Committee had been provided <strong>to</strong> <strong>the</strong> Board, and that copies wereavailable <strong>to</strong> <strong>the</strong> public at this meeting. Upon MOTION by Direc<strong>to</strong>r Bakall, seconded byDirec<strong>to</strong>r Finnegan, and carried (6-0), <strong>the</strong> Board adopted RESOLUTION NO. 1805,Establishing Water Rates <strong>to</strong> be effective in July 2007 or January 2008 (as outlined in <strong>the</strong>Resolution), by <strong>the</strong> following roll call vote:AYES:NOES: NoneABSENT:ABSTAIN:Direc<strong>to</strong>rs Bakall, Clark, Dick, Finnegan, <strong>Hinman</strong> & RoyceDirec<strong>to</strong>r BarbreNoneRESOLUTION SUPPORTING THE CANDIDACY OF ARLENE SCHAFER FORRE-ELECTION TO THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATIONBOARD OF DIRECTORS – REGION 6, SEAT BUpon MOTION by Direc<strong>to</strong>r Finnegan, seconded by Direc<strong>to</strong>r Bakall, and carried (6-0), <strong>the</strong>Board adopted RESOLUTION NO. 1806, supporting <strong>the</strong> candidacy <strong>of</strong> Arlene Schafer3


Minutes June 25, 2007(Costa Mesa Sanitary District) for re-election <strong>to</strong> <strong>the</strong> California Special Districts Association(CSDA) Board <strong>of</strong> Direc<strong>to</strong>rs, representing Region 6, Seat B, by <strong>the</strong> following roll call vote:AYES:NOES: NoneABSENT:ABSTAIN:Direc<strong>to</strong>rs Bakall, Clark, Dick, Finnegan, <strong>Hinman</strong> & RoyceDirec<strong>to</strong>r BarbreNoneThe Board <strong>the</strong>n directed staff <strong>to</strong> submit said Resolution <strong>to</strong> CSDA by <strong>the</strong> July <strong>30</strong> deadline.ESTABLISHMENT OF LEGISLATIVE POSITIONS<strong>President</strong> <strong>Hinman</strong> advised that <strong>the</strong> Public Affairs & Legislation Committee recommended an“oppose unless <strong>am</strong>ended” position on AB 70 (Jones re flood liability).Direc<strong>to</strong>r Bakall commented that although <strong>the</strong> bill is not perfect and he would prefer some<strong>am</strong>endments <strong>to</strong> <strong>the</strong> bill, it is a step in <strong>the</strong> right direction, and he would recommend a“support if <strong>am</strong>ended” position. Direc<strong>to</strong>r Royce concurred, noting that he supports <strong>the</strong>concept <strong>of</strong> <strong>the</strong> legislation, but many <strong>of</strong> its terms are weak.Upon MOTION by Direc<strong>to</strong>r Royce, seconded by Direc<strong>to</strong>r Clark, and carried (6-0), <strong>the</strong> Boardadopted a “support if <strong>am</strong>ended” position on AB 70 (Jones re Flood Liability).CONSIDERATION OF SUPPORT FOR ACWA’S “THE TIME IS NOW” ACTIONPLAN FOR A COMPREHENSIVE WATER INFRASTRUCTURE PACKAGEGeneral Manager Hunt expressed enthusiasm for ACWA’s effort as it leads <strong>to</strong> a possibleDelta fix.Direc<strong>to</strong>r Bakall supported <strong>the</strong> effort and concept, but expressed some concern relative <strong>to</strong><strong>the</strong> proposed funding ($4.5 billion for additional water s<strong>to</strong>rage, $1billion for Deltasustainability, and $450 million for conservation and res<strong>to</strong>ration project), noting it may notbe enough, and may not be correctly apportioned. Direc<strong>to</strong>rs Clark, Finnegan, <strong>Hinman</strong>, andRoyce concurred, with Mr. Royce noting that he was anticipating <strong>the</strong> figures would beflexible and he hoped that more funding would be allocated <strong>to</strong> conveyance.Mr. Hunt responded by noting that this was ACWA’s first step in its outreach progr<strong>am</strong> andthat <strong>the</strong> figures are flexible and would be worked out during <strong>the</strong> process.Direc<strong>to</strong>r Clark inquired as <strong>to</strong> whe<strong>the</strong>r <strong>the</strong> “beneficiary pays” concept was part <strong>of</strong> <strong>the</strong> effort,with Mr. Hunt responding that a report on this concept would be made <strong>to</strong> an upcomingPublic Affairs & Legislation Committee.Mr. Peer Swan (Irvine Ranch Water District) commented that <strong>the</strong> initial State Water Projectinitiative authorized selling revenue bonds <strong>to</strong> pay for facilities, including any type <strong>of</strong> Deltaconveyance (and as such are already authorized and under <strong>the</strong> “user pays” concept). Henoted however, that s<strong>to</strong>rage has not been authorized. He believed it would be prudent <strong>to</strong>authorize s<strong>to</strong>rage prior <strong>to</strong> fixing <strong>the</strong> Delta due <strong>to</strong> timing issues (<strong>the</strong> Delta would takeapproximately 10-15 years <strong>to</strong> complete and s<strong>to</strong>rage could be completed faster than this).4


Minutes June 25, 2007Upon MOTION by Direc<strong>to</strong>r Royce, seconded by Direc<strong>to</strong>r Bakall, and carried (6-0), <strong>the</strong>Board adopted RESOLUTION NO. 1807, supporting a comprehensive water package thatincludes water s<strong>to</strong>rage, a comprehensive Delta solution and water use efficiency; andurging <strong>the</strong> Legislature <strong>to</strong> work with <strong>the</strong> Governor’s administration <strong>to</strong> pass <strong>the</strong> package thisyear and place it before <strong>the</strong> voters in 2008, by <strong>the</strong> following roll call vote:AYES:NOES: NoneABSENT:ABSTAIN:Direc<strong>to</strong>rs Bakall, Clark, Dick, Finnegan, <strong>Hinman</strong> & RoyceDirec<strong>to</strong>r BarbreNoneDirec<strong>to</strong>r Finnegan requested that staff compile <strong>the</strong> Board’s concerns and submit <strong>the</strong>m <strong>to</strong>ACWA when sending <strong>the</strong> Resolution; <strong>the</strong> Board concurred.Direc<strong>to</strong>r Bakall requested staff research Mr. Swan’s comments and report any findings <strong>to</strong>an upcoming Public Affairs & Legislation Committee meeting.INFORMATION CALENDARGENERAL MANAGER'S REPORT, JUNE 2007General Manager Hunt advised that <strong>the</strong> General Manager’s report was included in <strong>the</strong>Board packet.Direc<strong>to</strong>r <strong>Hinman</strong> inquired as <strong>to</strong> <strong>the</strong> status <strong>of</strong> MET’s lawsuit regarding <strong>the</strong> pumping on <strong>the</strong>State Water Project’s Banks’ pumping plant. Mr. Hunt noted that he received a letteroutlining <strong>the</strong> recent developments and he would distribute said letter <strong>to</strong> <strong>the</strong> Board.Ms. <strong>Hinman</strong> <strong>the</strong>n referenced <strong>the</strong> SmarTimer Rebate Progr<strong>am</strong>, and requested staff addressMr. Dietmeier’s comments; it was noted that staff would contact Mr. Dietmeier and provideinformation.The Board received and filed <strong>the</strong> report as presented.MWDOC GENERAL INFORMATION ITEMSBOARD OF DIRECTORSIn addition <strong>to</strong> <strong>the</strong> regular MWDOC Board and Committee meetings attended by <strong>the</strong>Direc<strong>to</strong>rs, <strong>the</strong> following reports were made:Direc<strong>to</strong>r Dick reported on his attendance at <strong>the</strong> MET Board and Committee meetings, aswell as <strong>the</strong> Orange County prayer breakfast, MET’s Solar Cup event, <strong>the</strong> WACO meeting,and <strong>the</strong> legislative committee meetings <strong>of</strong> both <strong>the</strong> cities <strong>of</strong> Garden Grove and Orange. Healso reported on attending <strong>the</strong> Orange County Business Council meeting and <strong>the</strong> LAFCOhearing.5


Minutes June 25, 2007Direc<strong>to</strong>r Royce reported on attending Assemblyman Silva’s Town Hall <strong>Meeting</strong>, <strong>the</strong>Sou<strong>the</strong>rn California Water Committee Delta Vision workshop, <strong>the</strong> Garden Grove AARPmeeting (wherein Ron Wildermuth was <strong>the</strong> featured speaker), and <strong>the</strong> LAFCO hearing.Direc<strong>to</strong>r Finnegan reported on attending an ACWA/JPIA workshop on worker’scompensation insurance in Sacr<strong>am</strong>en<strong>to</strong>, <strong>the</strong> ACWA/JPIA Executive Committee meeting,and <strong>the</strong> Mesa Consolidated Water District board meeting wherein a winner <strong>of</strong> <strong>the</strong>Poster/Slogan contest was honored.Direc<strong>to</strong>r Clark reported on attending <strong>the</strong> Climate Change Workshop, <strong>the</strong> Urban WaterResearch Center dinner wherein Pr<strong>of</strong>essor Cooper was introduced as <strong>the</strong> new Direc<strong>to</strong>r <strong>of</strong><strong>the</strong> Center. He also reported on attending <strong>the</strong> Sou<strong>the</strong>rn California Water Committeemeeting and <strong>the</strong> LAFCO hearing.Direc<strong>to</strong>r <strong>Hinman</strong> reported on attending <strong>the</strong> Urban Water Research Center dinner, <strong>the</strong>WEROC disaster drill, <strong>the</strong> Laguna Beach County Water District Board meeting, and a <strong>to</strong>ur<strong>of</strong> <strong>the</strong> Irvine Desalter with Steve Malloy, Doug Reinhart, and Paul Jones. She also reportedon attending a School Progr<strong>am</strong> presentation at Robinson School in Trabuco Canyon, <strong>the</strong>South Coast Water District board meeting, <strong>the</strong> San Juan Basin Authority meeting atMoul<strong>to</strong>n Niguel Water District, <strong>the</strong> LAFCO hearing, and <strong>the</strong> Orange County WaterAssociation luncheon featuring a presentation on emergency preparedness.ADJOURNMENTThere being no fur<strong>the</strong>r business <strong>to</strong> come before <strong>the</strong> Board, <strong>President</strong> <strong>Hinman</strong> adjourned <strong>the</strong>meeting at 9:10 a.m.APPROVED_____________________________Susan <strong>Hinman</strong>, <strong>President</strong>_______________________________Maribeth Goldsby, Secretary6

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