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 2:00 P.M. on TUESDAY, JULY 15, 2003

CALL TO ORDER AND ROLL CALL

The meeting was called to order by President Abel at 2:00 p.m.
Those in attendance were:

Directors Present:

Directors Abel, Drewry, Edmonston, Wilson

Directors Absent:

Director Puddicombe

Staff Present:

Evalyn Kerman, Business Manager
Tom, Mosby, Engineering Manager
Chip Wullbrandt, District Counsel
Lois Werner, Secretary
Guests Present: None

 

President Abel introduced an urgent resolution pursuant to Government Code 54956.5 to enable the Board to take action on an item not on the agenda.  It was moved  by Director Edmonston and seconded by Director Wilson that Resolution No. 1962, adding Resolution No. 1963, the nomination of Jan Abel as ACWA Region 5 Vice Chair, to the agenda, be adopted.  The motion was passed by the following roll-call vote:

 

AYES:             Directors Abel, Drewry, Edmonston, and Wilson

NOES:            None

ABSENT:       Director Puddicombe

 


 

PUBLIC FORUM                                                                                                      

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

 
SECTION 2

CONSENT CALENDAR                                                                                       

Following Board discussion, it was moved by Director Drewry, seconded by Director Wilson, and unanimously carried, to approve the Consent Calendar as presented.

 
SECTION 3

Public Hearing                   

A.                 PUBLIC HEARING: PROPOSED WATER DISTRIBUTION SYSTEM AND FIRE FLOW UPGRADE PROGRAM, PROPOSED FINANCING, AND ANY OBJECTIONS OR PROTESTS TO THE PROPOSED CHARGE AND REPORT

President Abel opened the public hearing at 2:15 p.m.  The President briefly called upon the staff to review  the Water Availability Charge program.  Directors had an opportunity to discuss and ask questions. She then opened the hearing to public comment.  There were no members of the public present to comment or register a verbal protest on the Water Availability Charge.  The Board received and considered one written protest by Mrs. J. B. Koepfli, 580 Freehaven Drive.  President Abel closed the protest period and closed the public hearing at 2:30 p.m.  It was the Board’s consensus that the District send a response to Mrs. Koepfli reiterating the District’s position that the entire community benefits from improved system reliability and fire protection, including those parcels that are currently not using District water services.

1.      Resolution No. 1961 Establishing Water Availability Charge for 2003/04 to finance water distribution system and fire flow upgrade program and consideration of report establishing water availability charge for 2003/04

President Abel introduced Resolution No. 1961 for Board consideration.  After Board discussion, it was moved by Director Wilson, seconded by Director Drewry, and carried by the following roll-call vote to reject all protests and approve Resolution No. 1961.

AYES:             Directors Abel, Drewry, Edmonston, and Wilson

NOES:            None

ABSent:       Director Puddicombe

 
Section 4

Public Hearing                                    

A.                 Public Hearing: Adoption of Ordinance No. 84 Repealing Ordinance No. 71 Relating to Directors’ Compensation

President Abel and Mr. Wullbrandt briefly reviewed the ordinance and answered Directors’ questions.  President Abel then opened the hearing for public comment at 3:13.  There being no members of the public present to speak on this matter, President Abel closed the comment period and closed the public hearing at 3:15 p.m.  After Board discussion, it was moved by Director Drewry, seconded by Director Wilson and carried by the following roll-call vote to approve Ordinance No. 84.

AYES:             Directors Abel, Drewry, Edmonston, and Wilson

NOES:            None

ABSENT:       Puddicombe

 
Section 5

ENGINEERING/DISTRIBUTION/TREATMENT                                                  

 

A.                 Greenwell Avenue Main Extension Project — Project Accounting and Final Report

Mr. Mosby presented the final report on the Greenwell Avenue Main Extension Project and answered Directors’ questions.  Following Board discussion, it was moved by Director Wilson, seconded by Director Edmonston, and unanimously carried to approve the final accounting of this main extension project, authorize the release of the final project report and accounting to QAD, Inc. acknowledging closure of the completed project, and approve and authorize the refund of the remaining deposit to QAD, Inc.

B.                 Torito Road Main Extension, Project accounting, Final Report and Notice of Completion

Mr. Mosby presented the final report on the Torito Road Main Extension Project.  Following Board discussion, it was moved by Director Edmonston, seconded by Director Drewry, and unanimously carried to approve the final accounting of this project, authorize the release of the final project report and accounting to Mr. Earl Clark and the Torito Road Homeowners Association acknowledging closure of the project, approve and authorize the refund of the remaining deposit to Torito Road, Inc. and Mr. Clark, and approve the Notice of Completion for this project.

C.                2002/03 MWD/MFPD Joint Fire Hydrant Replacement Program — Project accounting and Final Report

Mr. Mosby presented the final report on the 2002/03 MWD/MFPD Joint Fire Hydrant Replacement program, and briefly commented on the outlook for the 2003/04 program.

D.                Sycamore Canyon Water Main Replacement Project — Status Report

Mr. Mosby reported on the status of the Sycamore Canyon Main Replacement Project and answered Directors’ questions.

E.                 Ortega Reservoir Project Update

Ms. Kerman and Mr. Wullbrandt presented an update on the Ortega Reservoir Cover Project and answered Directors’ questions.

 
SECTION 6

Business and Finance       

A.                 Fiscal Services and security Agreements For DWR Loans

Ms. Kerman introduced this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Wilson, seconded by Director Drewry, and unanimously carried to approve California Bank & Trust as the Fiscal Agent for the new DWR Ortega Reservoir Cover loan, authorize the President and Acting Secretary to sign fiscal services and security agreements with California Bank & Trust for the new DWR Ortega Reservoir Cover loan, and approve a request to transfer the existing DWR Bella Vista loan reserve account from Santa Barbara Bank & Trust to California Bank & Trust.

 
Section 7

DIRECTOR AND STAFF MEETING REPORTS                                                 

 

A.                 CACHUMA CONSERVATION RELEASE BOARD MEETING OF June 23, 2003

1.                  State Water Resources Control Board (SWRCB) Hearing Technical Issues Update

President Abel reported on the subject meeting.  The CCRB budget was approved by all the member units.  The draft SWRCB EIR is expected to come out within the next week.  The dates for the SWRCB Phase 2 water rights hearing have been changed to October 21, 22, & 23.  Pete Silva will be the sole hearing officer.  His site visit has been scheduled for September 8.  President Abel called the Board’s attention to the Technical Issues Update, particularly the sections dealing with broadening the scope of the hearings with regard to fisheries issues.

B.                 CACHUMA OPERATION AND MAINTENANCE BOARD MEETING OF June 23, 2003; Board information

1.      2003/04 Goals and Objectives

President Abel reported on the subject meeting, where the COMB Budget was adopted, and drew the Board’s attention to the COMB Manager’s 2003-2004 Goals and Objectives which were included in their agenda packets.

C.                CENTRAL COAST WATER AUTHORITY BOARD MEETING OF June 2003

Director Puddicombe was not present.  The report on the subject meeting will be given at the next MWD Board meeting.

D.                SAnta BArbara County Special Districts’ Association Meeting of June 2003

Director Wilson reported on the subject meeting, which featured a report by Bob Braitman of LAFCO.

E                   Resolution No. 1963, placing in nomination Jan Abel as a member of the Association of California Water Agencies Region 5 Vice Chair

Following Board discussion, it was moved by Director Edmonston, seconded by Director Drewry, and carried by the following roll-call vote to approve Resolution No. 1963 as revised.

AYES:             Directors Drewry, Edmonston, and Wilson

NOES:            None

ABSTAIN:      Director Abel

ABSENT:       Director Puddicombe

 
SECTION 8

COMMITTEE REPORTS/RECOMMENDATIONS       

A.                 OPERATIONS COMMITTEE

Director Edmonston reported on the activities of the Operations Committee.

B.                 FINANCE COMMITTEE

The Finance Committee had nothing to report that had not been covered elsewhere in the meeting.

C.                PUBLIC INFORMATION COMMITTEE

The Public Information Committee had not met since the last Board of Directors’ meeting.

 
SECTION 9

MANAGEment REPORT            

A.                 PENDING ISSUES Update

Ms. Kerman and Mr. Mosby updated the Board on District pending issues which had not already been addressed elsewhere in the meeting.

 

 
SECTION 10

Legal Matters       

A.                 District Counsel Report

Mr. Wullbrandt had no general report on items of legal or legislative interest to the Board.

B.                 County Residential second Units ORdinance Amendments Update

Mr. Wullbrandt and Mr. Mosby updated the Board on the status of the MWD analysis of the County Residential Second Units Ordinance Amendments.

C.                RECESS TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.8   RE: CONFERENCE WITH LEGAL COUNSEL concerning ACQUISITION of EASEMENT on Uprr property between Eucalyptus Lane and Miramar Hotel

D.                Recess to Closed Session Pursuant to Government Code Section 54957 RE: Personnel Matters —Managers’ Performance Review

The Board adjourned to closed session, pursuant to Government Code Sections 54956.8 and 54957 at 4:29 p.m. to discuss the above-captioned items.  The Board reconvened in open session at 4:50 p.m. and reported that the Board gave direction to counsel concerning settlement of litigation with UPRR.  No action was taken on the matter of managers’ performance reviews.

E.                 Recommendation for interim Management

The Board having reconvened to open session, it was moved by Director Wilson, seconded by Director Drewry and unanimously carried that the District Business Manager and Engineering Manager will each receive an additional $1,000 per month (gross) as recognition for additional work and responsibilities for the period from June 1, 2003, until District hires a permanent General Manager.  To the extent possible, payment will be structured so as not to affect retirement or other benefits.
 

 
Section 11

AGENDA ITEM REQUESTS                   

There were no requests for items other than regular agenda items for next regular Board meeting scheduled for August 19, 2003.

 

SECTION 13

ADJOURNMENT 

There being no further business to come before the MWD Board of Directors, the meeting was adjourned at 4:55 p.m.

 

 

Approved:

 

                                                                                               

________________________________
Jan E. Abel, President

 

 

 

Attest:

 

__________________________________
Evalyn Kerman, Acting Secretary

 

 

 

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