MINUTES - FEBRUARY 18, 1997

MINUTES OF A REGULAR MEETING
of the
BOARD OF DIRECTORS OF THE MONTECITO WATER DISTRICT
held at the
DISTRICT BOARD ROOM

583 SAN YSIDRO ROAD, MONTECITO, CALIFORNIA
at 3:00 p.m. on TUESDAY, FEBRUARY 18, 1997

Present:	Directors Abel, Campbell, Muller, Puddicombe and Wilson
Absent:	None
Also Present:	C. Charles Evans, General Manager/Secretary Chip Wullbrandt, District Counsel Tom Mosby, Engineering Manager Evalyn Kerman, Business Manager Cathy Muneio, Secretary Steve Decker

Director Abel reported on the appeal of Richard Feldman to adjust his charges for water that went through his pipes due to a leak. She said that the Appeals Committee had visited the site and met with Mr. Feldman and that his usage had been high from May 1996 through October 1996 due to a break in his service line. He felt that because he hadn’t noticed the leak that he should be given some relief for the water charges. Director Abel said that it was explained to Mr. Feldman that it is the customer’s responsibility to pay for water once it has gone through the meter and in order to be fair and equitable to all District customers, District policy is to allow no exceptions unless there is a case of extreme hardship. A motion was made by Director Puddicombe, seconded by Director Wilson, and unanimously carried to ratify the recommendation of the Appeals Committee and deny the request of Richard Feldman for relief of water charges due to a leak.

Director Abel reported on the appeal of David Karpeles relative his request for an exception to the Water Availability Charge on his property at 2795 East Valley Road due to its small size and that it may be an unbuildable parcel. Director Abel said she explained to Mr. Karpeles that there were several properties in the District which fit within that category, but which were also required to pay the charge. A motion was made by Director Puddicombe, seconded by Director Campbell and unanimously carried to deny the request of Mr. Karpeles for an exception to the Water Availability Charge based on consistency.

President Muller asked that the minutes and presentation of bills for payment be removed from the consent agenda for discussion. The Board made several suggested changes to the minutes. A motion was made by Director Campbell, seconded by Director Puddicombe and unanimously carried to approve the amended minutes of February 4, 1997.

A motion was made by Director Campbell, seconded by Director Puddicombe and unanimously carried to approve the amended minutes of February 12, 1997. There was a discussion on the bills. President Muller indicated concern about the amount of money being spent for the State Water Resources Control Board Order 94-5 studies. President Muller asked that he be provided with a copy of the November fisheries report, Fish MOU, Vegetation report, and the Water Quality report as they become available. A motion was made by Director Wilson, seconded by Director Abel and unanimously carried to approve the bills for payment.

A motion was made by Director Campbell, seconded by Director Puddicombe and unanimously carried to approve the consent agenda.

Director Wilson reported that the Montecito Association had elected Dan Eidelson as President and Joan Wells as Vice President.

He also said that the Association is looking into the reasons for so many power outages in the area.

A motion was made by Director Campbell, seconded by Director Puddicombe and carried 4-0-1, with Director Abel abstaining, to reject the claim of Casa Dorinda for damage due to a broken District water main totaling $32,500 in order to forward it to ACWA/JPIA for processing.

A motion was made by Director Campbell, seconded by Director Abel and unanimously carried to approve the 1996-97 Mid-Year Budget Report. Director Wilson requested a tabulation on water main repair costs.

The General Manager said that at the last Finance Committee and Board Workshop the Board had discussed having the budget ready in April for better planning. Director Campbell stated that it might save money if the elections for Directors be held in conjunction with the federal elections. He asked that this be placed on the next agenda for discussion. By consensus the Board accepted the 1997-98 budget schedule.

The Board discussed the appraisal for the Buell property. It was suggested that the three parcels may want to be reconfigured to market the property to its fullest. The Board discussed touring the property in the near future to look at the configuration. Steve Decker stated he would like to attend this tour. A motion was made by Director Puddicombe, seconded by Director Wilson and unanimously carried to approve the Buell property appraisal.

A motion was made by Director Campbell, seconded by Director Wilson and unanimously carried to approve the 65402(c) report for sale of a portion of the Buell property.

A motion was made by Director Campbell, seconded by Director Wilson and unanimously carried to approve the Notice of Exemption for the sale of a portion of the Buell property.

The General Manager explained that it has been difficult to stay on schedule for the sale of the District properties due to several issues that have arisen. The District is waiting for a report from the Santa Barbara County Flood Control District on the Neal well property to determine what building restrictions are required since it is in the floodway. The Yaggy pressure regulator site property has been put on hold due to the District determining that there is an access road easement through the middle of the Yaggy parcel. The District is evaluating this matter.

A motion was made by Director Puddicombe, seconded by Director Wilson and unanimously carried to approve the responses to the letters from Carolee Krieger and Bob Geis regarding the District Water Availability charge.

Counsel Wullbrandt reported that the Board had expressed interest in following up on Counsel’s memorandum on Board attendance at committee meetings. He said that at this time no more than three Board members should attend any joint powers or committee meetings because this is considered a quorum and a violation of the Brown Act. There is currently proposed legislation that if passed into law would allow as many Board members as would like to attend a committee meeting or standing committee of the Board to do so as long as the Board member does not participate in any proceedings. Counsel Wullbrandt recommended that until this legislation is passed no more than two Board members should attend any joint powers or committee meetings.

The General Manager explained that the Operations and Monitoring Plan for Fox and Alder Creeks was reviewed by the District’s biologist consultant, Jean Baldrige, at no charge and by Mark Jennings, a herpetologist and an expert on red-legged frogs. From these reviews the bypass flows have been reduced to .2 cfs. The Engineering Manager said that Fox and Alder Creeks will be monitored regularly on a weekly basis for the first year by the U.S. Forest Service representative accompanied by the District’s dam caretaker, who is also a biologist. Director Wilson asked what the District is spending on this plan. It was stated that approximately $40,000 is being spent this year by the District, and $16,000 by the USFS. A motion was made by Director Abel, seconded by Director Muller and unanimously carried to approve the Fox and Alder Creeks Operations and Monitoring Plan.

The Board discussed the letter to ACWA/JPIA requesting reimbursement for legal costs totaling $27,000 for the Hill case. ACWA/JPIA stated the matter will be considered by its Executive Committee on March 7.

The General Manager said that Price, Postel & Parma has done a good job in defending the District with regards to the Hill case. A motion was made by Director Abel, seconded by Director Puddicombe, and unanimously carried to approve the letter of appreciation to Price,

Postel & Parma, and particularly Denise Randolph, regarding representation in the Hill case.

The General Manager reported on the function of MERRAG and explained that it is an emergency group consisting of the fire department, water district, sanitary district and other large institutions and homeowner groups in the Montecito area. He stated that in an emergency there will be an assured communication system that will assist the fire district within Montecito. He said that MERRAG meets the third Tuesday of every month and invited the Board members to attend the meetings. Director Abel asked that the Board be provided with a list of MERRAG meeting dates and places.

The status of the contract on repayment of seismic safety work was reported on by Counsel Wullbrandt. USBR representatives are expected to respond soon to COMB’s requests during the renegotiations session.

It was reported that the stockpiling of materials at the foot of Bradbury Dam continues.

Counsel Wullbrandt indicated there had been no further action by Judge Karlton with respect to Lompoc III. It is expected that an exploratory settlement meeting will be held in mid-March.

Director Abel reported that the March fisheries report will be available soon, and the vegetation report by Jones and Stokes will be available in one week. The water quality report is on hold because the parent Santa Ynez District has not yet approved its participation in the work, and the USGS model will not be available until April 1.

Director Abel reported that the State Department of Fish and Game is reorganizing personnel and that it may have an effect on the fishery studies.

Director Abel reported on the status of the lawsuit and asked that the Lompoc III lawsuit be added under the CCRB part of the District’s agenda. The USBR Federal Solicitor, Mr. Wong, will meet with CCRB attorneys and will attend the CCRB meeting regarding this lawsuit.

The General Manager reported on his meeting with Senator Jack O’Connell and Dave Kennedy on February 13. Mr. Kennedy said at that meeting that he did not think the DWR would be able to reimburse the District and other districts in similar circumstances because DWR no longer has current contracts will these entities. The case is currently being considered by the State Board of Control.

The Finance Committee workshop was explained in the minutes of February 12, 1997.

Director Abel reported that the Public Information Committee had met and reported that Lotusland had asked that a District letter be written to support the nomination of Carol Valentine as Woman of the Year. The Board approved sending such a letter.

The General Manager reported on recent discussions regarding the sale of surplus state water entitlement to Orcutt.

Note: The agenda was posted at the front counter and outside front wall at the Montecito Water District on February 14, 1997.