REGULAR MEETING Minutes

BOARD OF DIRECTORS

MONTECITO WATER DISTRICT

583 SAN YSIDRO ROAD, MONTECITO, CALIFORNIA

TUESDAY, September 21, 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 M. Edmonston, and Larry Wilson

Directors Absent:

Director Robert W. Puddicombe

Staff Present:

Bob Roebuck, General Manager

Evalyn Kerman, Business Manager

Chip Wullbrandt, District Counsel, Price, Postel & Parma

David H. Johnson, Ortega Project Manager

Lois Werner, Recording Secretary

Guests Present:

Richard Love, Montecito Association

William Abel

Resolution No. 1987, Pursuant to Government Code 54956.5, to add to the agenda, closed session for item 4-B.

It was moved by Director Edmonston, seconded by Director Wilson, and carried by the following roll call vote to add a closed session item to the agenda for item 4-B: 

AYES:             Directors Abel, Drewry, Edmonston and Wilson

NOES:            None

ABSENT:       Director Puddicombe

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 Edmonston, seconded by Director Wilson, and unanimously carried to approve the consent calendar as presented.

4. LEGAL MATTERS                                                                                                                     

A.                 Recent and Pending Legal Matters Review

Mr. Wullbrandt briefed the Board on recent and pending legal matters.

B.                 Response from Counsel Regarding Release of DEIR-Closed Session Pursuant to Government Code 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 at 2:16 to discuss the above captioned item. The Board reconvened to open session at 3:15. President Drewry reported that no action was taken.

5.  GENERAL MANAGER’S REPORT                                                                                            

A.                 Ongoing Projects Update

Mr. Roebuck reviewed his ongoing projects status report with the Board.

B.                 Ortega Reservoir Project Status Report – Dave Johnson

Mr. Johnson brought the Board up to date on developments in the Ortega Reservoir Improvement Project. The Board requested that the monthly updates in the future include a cost accounting of funds disbursed and obligations to that point.  Revised cost estimates will also be brought to the Board when available.

6. district Operations Report

A.                 MONTECITO RANCH ESTATES Proposed Private WATER MAIN EXTENSION AND WATER SERVICE Agreement

Mr. Roebuck reviewed this item with the Board.  Following Board discussion, it was moved by Director Edmonston, seconded by Director Wilson, and unanimously carried to conceptually approve the proposed agreement.  It was moved by Director Edmonston, seconded by Director Abel, and unanimously carried to authorize the General Manager to complete and execute a revised agreement, with support of Counsel.

B.                 843 PARK HILL LANE PRIVATE WATER MAIN EXTENSION AGREEMENT and EAsement

Mr. Roebuck introduced this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Edmonston, seconded by Director Wilson, and unanimously carried to conceptually approve the draft Private Water Main Extension Agreement and Easement and authorize the General Manager to negotiate and execute the final Agreement with the support of Counsel.

C.                ALDER FLUME Emergency Restoration PROJECT

Mr. Roebuck introduced this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Edmonston, seconded by Director Wilson, and unanimously carried to ratify the General Manager’s decision to authorize emergency restoration of the Alder Creek flume in the amount of $30,000, to authorize additional emergency restoration, as outlined in the staff memo, in the amount of $44,000, and to appropriate $74,000 from the 1998 A Bond funds to complete the flume emergency restoration.

7. Business and Finance

A.                 Customer Classification and Rate Study

Mr. Roebuck and Ms Kerman introduced this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Wilson, seconded by Director Abel, and unanimously carried to appropriate $8,000 from the Working Capital/Operational reserve to increase the Study budget from $50,000 to $58,000.

B.                 1998 Bond WIthdrawals

Ms Kerman and Mr. Roebuck reviewed this item with the Board and answered Directors’ questions.

8. Board of Directors

a.                 REquest of Director PUddicombe to attend ACWA Fall Conference, November 30 – December 3, 2004

it was the consensus of the Board that Director Puddicombe’s request to attend the ACWA Fall Conference following his attendance at the JPIA conference as MWD’s JPIA representative be tabled until the next meeting in the hope that the entire Board will be present.

b.                 Payment of Director Fees for Meeting Attendance

President Drewry introduced this item and opened Board discussion.  It was the consensus of the Board to table this item until the next meeting in the hope that the entire Board will be present.  The Board requested that Counsel review the proposed revision to Board policy.
 

c.                Legal Services at Board Meetings

President Drewry introduced this item and opened Board discussion.  Following Board discussion, it was moved by President Drewry, seconded by Director Wilson, and unanimously carried that Legal Counsel could be excused prior to the Director and Staff Meeting Reports each month, unless Counsel’s input was required for the CCRB report, and that the General Manager shall arrange the agenda to assure that items requiring Counsel’s input be placed at the beginning of the agenda.

9. DIRECTOR AND STAFF MEETING REPORTS

A.                 CACHUMA CONSERVATION RELEASE BOARD MEETING OF August 23, 2004

1.                  State Water Resources Control Board Hearing Technical Issues Update

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

B.                 CACHUMA OPERATION AND MAINTENANCE BOARD MEETING OF August 23, 2004

Director Abel reported on the subject meeting.

C.                CENTRAL COAST WATER AUTHORITY BOARD MEETING OF August 26, 2004

Director Puddicombe being absent, the report on the subject meeting was postponed.

D.                SANTA BARBARA COUNTY SPECIAL DISTRICTS ASSOCIATION MEETING OF August 23, 2004

Director Wilson reported on the subject meeting.  Director Wilson has been appointed to the County Housing Advisory Commission’s  Senior (steering) Committee.

10.  COMMITTEE REPORTS/RECOMMENDATIONS                                                                   

A.                 OPERATIONS COMMITTEE

Director Edmonston reported that the activities of the Operations Committee had already been covered.

B.                 FINANCE COMMITTEE

Directors Drewry 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 had completed the fall newsletter.  The fall issue concerns conservation and the present dry period and also contains a report on the Ortega Reservoir Project.

11. Board information Items

There was no discussion or action on these informational items. 

12.  AGENDA ITEM REQUESTS                                                                                                 

Directors requested that the issue of email documentation, and Ortega costs be added to the regular agenda items for the next regular Board meeting scheduled for October 19, 2004 and that closed session items, along with an estimated time for consideration, be featured at the beginning of the agenda, immediately following the consent calendar.

13.  ADJOURNMENT 

There being no further business to come before the MWD Board of Directors, the meeting was adjourned at 5:18 p.m.

                                                                                                Approved: 

                                                                                                __________________________

                                                                                                William W. Drewry, President 

Attest: 

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