REGULAR MEETING Minutes

BOARD OF DIRECTORS

MONTECITO WATER DISTRICT

583 SAN YSIDRO ROAD, MONTECITO, CALIFORNIA

Tuesday, August 17, 2004

2:00 p.m.

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

President Drewry called the meeting to order at 2:00 p.m.

Directors Present:

President W.W. Drewry

Directors Jan E. Abel, Robert W. Puddicombe, Robert M. Edmonston, and Larry Wilson

Directors Absent:

None

Staff Present:

Bob Roebuck, General Manager

Tom Mosby, Engineering Manager

Evalyn Kerman, Business Manager

Chip Wullbrandt, District Counsel, Price, Postel & Parma (left the meeting at 5:15)

Lois Werner, Recording Secretary

Guests Present:

Richard Love, Montecito Association

Deirdre Hanssen, Montecito Association, Montecito Beautification Day Co-Chair

2.  PUBLIC FORUM 

Ms Hanssen presented the Montecito Association Beautification Day bill stuffer and requested that the Board consider its inclusion in the October billing.

It was moved by Director Abel, seconded by Director Wilson, and unanimously carried to add the item to the agenda on the basis that this item is time-sensitive and the matter arose after the agenda had been posted.

Resolution No. 1986 — resolution of the Board of Directors of the Montecito Water District Pursuant to Government Code 54956.5 adding Montecito Beautiful Day bill stuffer to agenda

Moved by Director Abel, seconded by Director Wilson, and passed by the following roll-call vote:

Ayes:  Directors Abel, Drewry, Edmonston, Puddicombe, and Wilson

 Montecito Association Bill Stuffer

It was moved by Director Abel, seconded by Director Puddicombe, and unanimously carried to approve the bill stuffer as presented.

3.  CONSENT CALENDAR

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

4.  Time Certain Items
 

A.                 3:00 P.m. — COMB Capital Program Presentation

Bret Gray, COMB Operations Supervisor, gave a presentation on COMB programs and projects of the past year.

5.  district Operations Report

A.                 A.                 Ortega Reservoir Project

Mr. Roebuck reported on the status of the Ortega Reservoir Project and answered Directors’ questions.  Following Board discussion, it was moved by Director Wilson, seconded by Director Puddicombe and unanimously carried to authorize additional engineering services on this project with Penfield & Smith, Inc. in the amount of $11,500 in accordance with their July 21, 2004 letter.

 B.                 MWD Water Supply Status Report

Mr. Roebuck reported on current and projected District water supplies and answered Directors’ questions.

C.                 Recommended 2005 State Water Order

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 Authorize the General Manager to send a letter to the CCWA requesting the delivery of 3300 AF of State Water Project water for the 2005 calendar year; Authorize the General manager to execute appropriate documents necessary toe participate in the DWR Program in the amount of 3300 AF; Authorize the appropriation from District reserve funds and payment in the amount of $49,500 plus document preparation charges to secure the right to call on 3300 AF until March 15, 2005; and Direct the General Manager to return to the Board prior to March 15, 2005 with a status report on the program and final recommendation of the exact amount of water that will need to be purchased under this program.

6. Business and Finance

A.                 Parking Facilities Use Agreement

Mr. Roebuck presented this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Edmonston, seconded by Director Puddicombe, and unanimously carried to approve the Parking Facilities Use Agreement with Wells Fargo and Company.

B.                 Customer Classification and Water Rate Study

Mr. Roebuck presented this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Drewry, seconded by Director Edmonston, and unanimously carried to Authorize the submittal of the RFP as amended to selected consultants; authorize the Study Team to select a consultant to perform the study; authorize the President and General Manager to negotiate and execute a contract for the study in an amount not to exceed $50,000; and appropriate up to $50,000 from District fund reserves in the 2004/05 Operating Budget to fund the Study.

7.  BOARD OF DIRECTORS

a.                 2005 Calendar of Regular Board Meetings

The Board discussed the calendar of regular Board meetings for 2005.  It was suggested that the January Board meeting be scheduled on January 25, 2005, rather than January 18, which will be the third Tuesday.  It was moved by Director Puddicombe, seconded by Director Abel, and unanimously carried to leave the January date as January 18, and continue Board policy of meeting on the third Tuesday.

8.  GENERAL MANAGER’S REPORT                                                                                       

A.                 Ongoing Projects Update

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

B.                 Injury / Illness Prevention Program (IIPP)

Mr. Roebuck presented the updated IIPP.  President Drewry requested that the Board receive an annual report on the effectiveness of the program.  Following Board discussion, it was moved by Director Puddicombe, seconded by Director Edmonston, and unanimously passed, to approve the IIPP as amended.

9. LEGAL MATTERS   (Counsel Wullbrandt joined the meeting at this time)

A.                 Recent and Pending Legal Matters REview

Mr. Wullbrandt answered Board questions on his report on recent and pending legal matters as presented in the agenda packets.  The Board requested that Mr. Wullbrandt provide them with a letter stating that the Ortega Project DEIR was ready for release when he was satisfied that this was the case.

B.                 Legal Counsel Representation at various Meetings (Oral)

Mr. Wullbrandt distributed a memorandum itemizing the regularly occurring meetings attended by Counsel on District’s behalf:

1.      Cachuma Water Rights and Operations Matters – includes attendance at monthly manager/attorney meetings and CCRB/COMB board meetings.

2.      ACWA Federal Affairs Committee – no attorney’s fees charged.  MWD and CVWD split expense reimbursement for travel

3.      ACWA State Legislative Committee – no attorney’s fees charged.  MWD and CVWD split expense reimbursement for travel cost.

4.      Santa Barbara County Zoning Ordinance Reform Process (ZORP) – generally involves one meeting per month and review of proposed zoning revisions.  Process should be completed by end of 2004.

C.                 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 adjourned to closed session, pursuant to Government Code Section 549563.9A at 5:13 p.m. to discuss this item.

The Board reconvened in open session at 5:30 p.m.  President Drewry reported that no action had been taken.

10.  DIRECTOR AND STAFF MEETING REPORTS

A.                 CACHUMA CONSERVATION RELEASE BOARD MEETING OF July 26 2004

Director Abel reported on the subject meeting at which she was reelected as CCRB President and Chuck Evans was reelected as CCRB Vice President and called the Board’s attention to materials presented in their agenda packets.

B.                 CACHUMA OPERATION AND MAINTENANCE BOARD MEETING OF July 26, 2004

Director Abel reported on the subject meeting.

C.                CENTRAL COAST WATER AUTHORITY BOARD MEETING OF July 22, 2004

Director Puddicombe had nothing to report on the subject meeting.

D.                SANTA BARBARA COUNTY SPECIAL DISTRICTS ASSOCIATION MEETING OF July 26, 2004

Director Wilson had nothing to report on the subject meeting.

E.                 Association of Water Agencies of Santa Barbara County Meeting of July 23, 2004

Director Wilson had no report on the subject meeting.

F.                 ACWA Board Meeting, July 22-23, 2004, Madera, CA

Director Abel reported on the subject meeting and called the Board’s attention to the materials presented in their agenda packets.

11.  COMMITTEE REPORTS/RECOMMENDATIONS                                                            

A.                 OPERATIONS COMMITTEE

Director Puddicombe reported that the activities of the Operations Committee had been covered elsewhere in the meeting.

B.                 FINANCE COMMITTEE

Director Wilson reported that the activities of the Finance Committee had been covered elsewhere in the meeting.

C.                PUBLIC INFORMATION COMMITTEE

Director Abel reported that the Public Information Committee met on August 16 to discuss the coming newsletter and public information aspects of the Ortega Reservoir Project EIR.  She noted that the recent water conservation bill stuffer had gone out with the August billing, and will also go out in September and October.  The Fall newsletter will be coming out somewhat earlier than usual and will be dealing with water supply and the Ortega reservoir project.  The aim is to have the newsletter in the public’s mailboxes before September 29.

12.  Board information Items

There was no discussion or action on these informational items.

13.  AGENDA ITEM REQUESTS                                                                                                

Director Abel requested that Counsel’s attendance at Board meetings be added as an agenda items for the next regular Board meeting scheduled for September 21, 2004.

14.  ADJOURNMENT

                                                                                                Approved:

                                                                                                __________________________

                                                                                                William W. Drewry, President

Attest:

__________________________________

Robert L. Roebuck, Secretary