REGULAR MEETING Minutes

BOARD OF DIRECTORS

MONTECITO WATER DISTRICT

Meeting at

Montecito Fire District Board Room

595 San Ysidro Road

TUESDAY, November 16, 2004

1:00 P.M.

1.  CALL TO ORDER, ROLL CALL, DETERMINATION OF QUORUM       

President Drewry called the meeting to order at 1:10 p.m.

Directors Present:

President W.W. Drewry

Directors Robert M. Edmonston, Robert W. Puddicombe, and Larry Wilson

Directors Absent:

Director Jan E. Abel

Staff Present:

Bob Roebuck, General Manager

Tom Mosby, Engineering Manager

Evalyn Kerman, Business Manager

Toni Bailey, Finance and Computer Specialist

Chip Wullbrandt, District Counsel, Price, Postel & Parma

David H. Johnson, Ortega Project Manager

Bob Rauch, Rauch Communication Consultants

Lois Werner, Recording Secretary

Guests Present:

Jeff , MacFarlane Faletti & Co.

Reed Spangler, MacFarlane Faletti & Co.

Simon Poulter, Padre Associates, Inc.

Alan Emslie, Padre Associates, Inc.

Bret Foster, Penfield & Smith

Court reporter furnished by Padre Associates

Kathy McCaskey, OVEHOA

Doug McCaskey, OVEHOA

Charles Hamilton, Carpinteria Valley Water District

Steve Tanner, Padre Associates

Mark Chytilo, Counsel for OVEHOA

Donna Payne, OVEHOA

Mary Holzhauer, OVEHOA

Bob Wignot, COMB

Richard Love, Montecito Association

Matt Ingamells, Padre Associates

2.  PUBLIC FORUM            

There were no members of the public present who wished to speak on matters not on the agenda.

 3.  CONSENT CALENDAR 

Following Board discussion, it was moved by Director Puddicombe, seconded by Director Wilson, and unanimously carried to approve the consent calendar as presented. 

4. Time Certain 1:00 p.m.                                                                                                        

A.                 Audit of 2003/04 MWD Financial Statements by Mac Farlane Faletti & Co

Ms Kerman discussed with the Board the new standards for accounting which came into effect with this fiscal year.  Mr. Spangler, of MacFarlane Faletti & Co, presented the 2003/04 Audit and Report to Management.  Director Edmonston requested that MacFarlane Faletti include in their letter that the District’s internal control was effective.  Ms Kerman presented the proposed MWD response to the Management Letter and answered Directors’ questions.  Following Board discussion, it was moved by Director Wilson, seconded by Director Edmonston, and unanimously carried to accept the 2003/04 Audit and approve the MWD response to the Management Letter.

5. Time Certain 2:00 P.M.

A.                 Certification of the Final Environmental Impact Report for the Ortega Reservoir Improvement Project

Mr. Wullbrandt arrived at this point.

Mr. Roebuck gave a brief overview of the project and introduced Mr. Poulter.  Mr. Poulter presented the final Environmental Impact Report for the Ortega Reservoir Improvement Project with the responses to the comments on the Draft Environmental Impact Report, and answered Directors’ questions.  President Drewry then opened the meeting to public comment.

Mrs. McCaskey relinquished her time to Mr. Chytilo.  Mrs. Payne commented briefly and relinquished the remainder of her time to Mr. Chytilo.  Mr. Schoe.lkopf commented on the lack of the views from the portion of Ortega Ridge Rd. which is closed to vehicular traffic and expressed dissatisfaction with the proposed project.

Mr. Chytilo  presented the Board with his comments on the EIR.  He expressed the opinion that the certification of the EIR would be premature if done prior to completion of all community review processes.

There being no further comment, President Drewry closed the public comment period and called a short recess.  When the Board reconvened, President Drewry announced that the responses to the public comment, and consideration of the certification of the EIR would take place on November 23, 2004. 

Following Board discussion it was moved by Director Wilson, seconded by Director Puddicombe, and carried by the following roll call vote to adopt  Resolution No. 1990:

Resolution No. 1990, pursuant to Government Code Section 65402(c) Overruling the County Planning Commission’s Determination Regarding Project Consistency and Finding that the Project is Included within the Express Exemption contained in Government Code Section 53091.

Ayes:  Directors Drewry, Edmonston, Puddicombe, and Wilson

Noes:  None

Absent: Director Abel

ABstain:  None

The remainder of this item, consideration of the certification of the Final EIR, was continue to November 23 at 2:00 p.m.

6. LEGAL MATTERS                                                                                                                     

A.                 Recent and Pending Legal Matters REview

Mr. Wullbrandt reviewed matters he is currently working on for the District.

B.                 Informational Item on Emails

Mr. Wullbrandt commented on this informational item which was contained in the Directors’ agenda packets and recommended that the Board adopt a written policy on email retention at a future meeting.

7.  district Operations Report

A.                 Ortega Reservoir Project Status REport (Oral)
 – Dave Johnson

Mr. Johnson discussed the current status of the Ortega Reservoir Improvement Project and answered Directors’ questions.  Director Edmonston requested that the engineers estimates be reviewed by an outside company to provide some assurance on their accuracy.

B.                 Ortega Reservoir Improvement Project Engineering Services

Its was moved by Director Edmonston, seconded by Director Puddicombe, and unanimously carried to authorize additional engineering services in the amount of $62,000 with Penfield and Smith, Inc. in accordance with their October 29, 2004 letter.

C.                Ortega Reservoir Improvement Project Communication Services

Mr. Roebuck introduced this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Drewry, seconded by Director Wilson, and unanimously carried to authorize additional communications services in the amount of $10,000 with Rauch Communication Consultants in accordance with their November 5, 2004 letter.

D.                Ortega Reservoir Project Costs UpDate

Mr. Roebuck presented this update and answered Directors’ questions.

E.                 Distribution System Hydraulic Model Proposal – RBF Consulting

Mr. Roebuck introduced this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Puddicombe, seconded by Director Edmonston, and unanimously carried to approve the proposal from RBF Consulting Engineers in  the amount of $57,000 for development of the distribution system hydraulic model (funded in this year’s budget).

F.                 GIS Services and Mapping Proposal – Sage Associates

Mr. Roebuck introduced this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Puddicombe, seconded by Director Edmonston, and unanimously carried to approve a contract with Sage Consultants in the amount of $35,000 for ongoing MWD GIS development to occur independently but concurrently with the hydraulic model being done by RBF Consultants and appropriate funding in the amount of $40,000 for this work from the 1998A Bond fund.

G.                2004/05 MFPD / MWD Fire Hydrant Upgrade / Replacement Program Update

Mr. Roebuck introduced this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Puddicombe, seconded by Director Wilson, and unanimously carried to authorize the General Manager to increase the contract scope of work with Tierra Contracting following receipt of additional Montecito Fire Protection District funding.

8. Business and Finance

A.                 Vehicle Replacement Policy

Following Board discussion, it was moved by Director Wilson, seconded by Director Drewry, and unanimously carried to approve the vehicle replacement policy as presented in the agenda packet.

9. Closed Session Item

A.                 Recess to Closed Session Pursuant to Government Code Section 54956.9(A) Pending Litigation: Ocean View Estates Homeowners’ Association V MONTECITO Water District, Et Al.; Case No. 1067147

The Board recessed to closed session on the above item at 4:00.

The Board reconvened to open session at 4:25 p.m.  President Drewry reported that no action had been taken.

10. Board of Directors

(This item was taken up after the remaining agenda items were completed.)

a.                 Recess to Closed Session Pursuant to Government Code Section 54957 RE: Personnel Matters — General Manager’s Annual Performance Review

The Board recessed to closed session at 4:40 p.m. to discuss the above item. The Board reconvened to open session at 4:55 p.m.  It was moved by President Drewry, seconded by Director Wilson, and passed unanimously, that the General Manager receive a one-time salary payment of $10,000 to be paid on December 8, 2004, or in 2005, as desired by the General Manager.  There will be no change to the General Manager’s base salary.

11.  GENERAL MANAGER’S REPORT                                                                                     

A.                 Ongoing Projects Update

Mr. Roebuck presented his ongoing projects report and answered Directors’ questions.

B.                 Personnel Matters

Mr. Roebuck reported on current staffing activities.  A treatment technician has been replaced, with the new hire contingent on the Board approving a classification to be presented at the December Board meeting.  The District will be interviewing for the Conservation Officer position next week, and hope to be hiring very soon and coming before the Board next month to establish the salary classification.

C.                Holiday Season

Mr. Roebuck discussed employee vacation schedules and postponing the employee appreciation luncheon until spring, since the employees have expressed a desire to have it some time other than the holidays.

12.  DIRECTOR AND STAFF MEETING REPORTS

A.                 CACHUMA CONSERVATION RELEASE BOARD MEETING OF October 25, 2004;

Director Abel was absent, the report was postponed to the next meeting.

B.                 CACHUMA OPERATION AND MAINTENANCE BOARD MEETING OF October 25, 2004

Director Abel was absent, the report was postponed to the next meeting.

C.                CENTRAL COAST WATER AUTHORITY BOARD MEETING OF October 28, 2004

Director Puddicombe reported on the subject meeting.

D.                SANTA BARBARA COUNTY SPECIAL DISTRICTS ASSOCIATION MEETING OF October 22, 2004

Director Wilson reported on the subject meeting, where Salud Carbajal was the featured speaker.

E.                 ASSOCIATION of Water Agencies of Santa Barbara County Meeting of October 25, 2004

Director Wilson reported that the Association of Water Agencies of Santa Barbara County is considering dissolving.  He will keep the Board informed.

13.  COMMITTEE REPORTS/RECOMMENDATIONS                                                            

A.                 OPERATIONS COMMITTEE

Directors Puddicombe and Edmonston reported that Operations Committee activities had been covered elsewhere in the meeting.

B.                 FINANCE COMMITTEE

Directors Wilson and Drewry reported that Finance Committee activities had been covered elsewhere in the meeting.

C.                PUBLIC INFORMATION COMMITTEE

President Drewry reported that the Public Information Committee had not met.

14.  Board information Items
 

No Board action was taken on these informational items.

14.  AGENDA ITEM REQUESTS                                                                                                

There were no requests from Directors for items other than regular agenda items for the next regular Board meeting scheduled for December 21, 2004.

15. Adjournment  

There being no further business to come before the MWD Board of Directors, the meeting was adjourned at 5:00 p.m.

                                                                                                Approved: 

                                                                                                __________________________

                                                                                                William W. Drewry, President 

Attest: 

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