REGULAR MEETING Minutes
BOARD OF DIRECTORS
MONTECITO WATER DISTRICT
583 San Ysidro Road, Montecito, CAlifornia
TUESDAY, March 18, 2008
2:00 P.M.
1. CALL TO ORDER, ROLL CALL, DETERMINATION OF QUORUM
President Shaikewitz called the meeting to order at 2:00 p.m.
Directors Present:
Directors Samuel Frye, W. Douglas Morgan, Richard Shaikewitz, and Larry Wilson
Directors Absent:
Director Jan E. Abel
Staff Present:
Tom Mosby, General Manager
Toni Bailey, Business Manager
Chip Wullbrandt, District Counsel
Lois Werner, Recording Secretary
Guests Present
None
2. PUBLIC FORUM
There were no members of the public present who wished to speak on any item not on the agenda.
3. CONSENT CALENDAR
Following discussion, it was moved by Director Frye, seconded by Director Wilson, and unanimously carried to approve the Consent Calendar as amended.
4. Cachuma Matters
A. Cachuma Conservation and RElease Board meeting of February 25, 2008
Due to Director Abel’s absence, this item was continued to the next regular meeting of the Board.
B. CACHUMA OPERATION AND MAINTENANCE BOARD MEETING OF February 25, 2008
Due to Director Abel’s absence, this item was continued to the next regular meeting of the Board.
C. ACWA Washington D.C. Conference, February 26-28, 2008
Counsel Wullbrandt reported on his activities on behalf of the CCRB member units at the ACWA Washington D.C. Conference.
5. LEGAL MATTERS
A. Recent and Pending Legal Matters REview – Oral Report
Mr. Wullbrandt reported on legal items of interest to the Board
B. closed session pursuant to Government Code Section 54956.9(a)- Pending Litigation/Administrative Proceeding before SWRCB
The Board adjourned to closed session at 3:05 p.m.
The Board reconvened to open session at 3:45 p.m. President Shaikewitz reported that no action was taken.
6. GENERAL MANAGER’S REPORT
A. Monthly Operations Report (Oral)
The Board authorized any Directors who wished to attend the ACWA Spring Conference in Monterey to do so. Registrations are due by April 4. Mr. Mosby reported on the operations of the District during the past month and answered Directors’ questions.
B. MFPD Request to site Montecito Access Radio System Antenna on MWD Property
Mr. Mosby introduced this item and answered Directors’ questions. Following discussion it was moved by Director Frye, seconded by Director Morgan, and unanimously carried to approve the installation of the new Montecito Fire Protection District (MFPD) AM radio antenna on District property with the execution of a license agreement between MFPD and MWD and indemnification absolving MWD from any liability that could be incurred.
C. PADEN WELL UPGRADE – FINAL REPORT
Mr. Mosby introduced this item and answered Directors’ questions. Following discussion it was moved by Director Morgan, seconded by Director Frye, and unanimously carried to add the Paden Well Upgrade Project to the 07/08 Capital Improvement Program project list and appropriate funding not to exceed $150,000 from the 1998A Bond funds for this project.
D. HIDDEN VALLEY LANE WATER MAIN RELOcaTION - FINAL REPORT
Mr. Mosby introduced this item and answered Directors’ questions. Following discussion it was moved by Director Frye, seconded by Director Morgan, and unanimously carried to approve and authorize the posting of the Notice of completion for the Hidden Valley Lane Water Main Relocation/Replacement Project.
Mr. Mosby introduced this item and answered Directors’ questions. Following discussion it was moved by Director Morgan, seconded by Director Frye, and unanimously carried to approve the settlement amount of $2,902 for this claim and authorize the General Manager to secure a signed release from the property owner.
F. Distribution System Water Quality Sampling Results - 2008 1st Quarter Trihalomethane & Haloacetic acid
Mr. Mosby introduced this item and answered Directors’ questions.
G. Review of Draft Resolution Making the commitments and Publishing the REport Required by CCWA Resolutions 92-2 and 92-11 (For action at the April Meeting of the Board)
Mr. Mosby introduced this item and answered Directors’ questions. Following discussion it was the consensus of the Board that the item be brought back to the Board at the next meeting to review proposed changes before being posted for the public.
H. Water Works Operations Report
Mr. Mosby presented this report and answered Directors’ questions.
7. District Business Report
A. ORTEGA RESERVOIR COVER – Revisions to PROPERTY AND LIABILITY INSURANCE agreement with Carpinteria Valley Water District
Mr. Mosby presented this item and answered Directors’ questions. Following discussion it was moved by Director Frye, seconded by Director Morgan, and unanimously carried to approve the change to the proposed MWD/CVWD agreement on the Ortega Reservoir roof insurance and authorize the General Manager to sign the revised agreement with the addition of a signature by the JPIA representative.
B. Notice Regarding Proposed Resolution Relative to Exemption from Proposition 4 Spending Limitations
Director Frye read the following into the minutes:
“A resolution will be presented to the Board for adoption at a regular Board meeting of June 17, 2008 (which meeting for adoption must be at least 15 days after this statement), which resolution shall establish that the District’s various user fees, rates and charges for Fiscal Year 2008-09 do not exceed the costs reasonably borne by the District for providing the services for which the fees, rates and charges were made.”
C. Water Sales Report for February 2008
Ms Bailey presented this item and answered Directors’ questions.
D. January 2008 Revenue and Expense Report
Ms Bailey presented this item and answered Directors’ questions.
8. DIRECTOR, COMMITTEE AND STAFF MEETING REPORTS
A. Central Coast Water Authority Meeting Of February 28, 2008
Director Shaikewitz reported on the subject meeting, including concerns over the fact that Hatch and Parent (now Brownstein Hyatt Farber Schreck) is seeking to represent ID#1 in a manner likely to adversely affect CCWA members related to implementation by CCWA of the Exchange Agreement. The Board authorized Director Shaikewitz, as representative to CCWA, to take all appropriate and necessary actions to insure that MWD’s interests are not adversely affected by the concurrent legal representation by Brownstein Hyatt Farber Schreck of CCWA and ID#1.
B. SANTA BARBARA COUNTY SPECIAL DISTRICTS ASSOCIATION MEETING OF February 25,2008
Director Wilson reported on the subject meeting which was the Selection Committee meeting. It was the decision of Mr. Braitman that Fire Chief Kevin Wallace, attending from MFPD, could not represent his district at the meeting because he is not on the district board, although he had a proxy from the president of his board. Without Chief Wallace the committee did not have a quorum, and no vote was taken. Ballots have been sent out by mail but some aspects of the issue are still undetermined. Another meeting has been set.
C. PUBLIC INFORMATION COMMITTEE
The Public Information Committee had not met since the last regular Board meeting.
D. OPERATIONS COMMITTEE
Directors Frye and Shaikewitz reported that the activities of the Operations Committee had been covered elsewhere in the agenda.
E. FINANCE COMMITTEE
Directors Wilson and Morgan reported that the activities of the Finance Committee had been covered elsewhere in the agenda.
9. AGENDA ITEM REQUESTS
Director Wilson requested that the question of Counsel’s presence during the meeting be discussed by the Board at the next regular Board meeting scheduled for April 15, 2008.
10. ADJOURNMENT
There being no further business to come before the MWD Board of Directors, the meeting was adjourned at 4:52 pm.
Approved:
__________________________
Richard Shaikewitz, President
Attest:
__________________________________
Tom Mosby, Secretary
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