special MEETING Minutes

BOARD OF DIRECTORS

MONTECITO WATER DISTRICT

583 SAN YSIDRO ROAD, MONTECITO, CALIFORNIA

Monday, October 12, 2009

9:00 A.m.

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

President Shaikewitz called the meeting to order at 9:00 a.m.

Directors Present:

Directors Jan E. Abel, Samuel Frye, W. Douglas Morgan, Richard Shaikewitz, and Larry Wilson

Directors Absent:

None

Staff Present:

Tom Mosby, General Manager

Chip Wullbrandt, District Counsel

Toni Bailey, Business Manager

Lois Werner, Recording Secretary

Guests Present

Bill Ferguson, City of Santa Barbara

2. PUBLIC FORUM

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

3. Cachuma Matters

A. MWD / COMB Capital Projects Contribution Agreement

Mr. Mosby introduced this item and he and Mr. Wullbrandt answered Directors’ questions.

B. MWD / Cachuma Southcoast Member Units Indemnification Agreement

Mr. Mosby introduced this item and he and Mr. Wullbrandt answered Directors’ questions.

Following discussion, it was moved by Director Abel, seconded by Director Frye, and carried by the following roll-call vote to approve the execution of the Contribution Agreement dated October 12, 2009 as amended, and the COMB 2009 Revenue Bond Indemnification Agreement dated October 12, 2009 and authorize the Board President to execute the agreement subject to the stipulations in the staff memo on this item, for delivery to COMB following approval of the COMB Bond issue and execution of the indemnification agreement by COMB.

AYES: Abel, Frye, Morgan, Shaikewits

NOES: Wilson

ABSENT: None

4. closed session

A. Pursuant to Government Code Section 54956.9(a), Existing Litigation, Montecito Water District Et Al vs. Penfield & Smith Engineers et al; Santa Barbara Superior Court Case Number 1303752

The Board adjourned to closed session on the above item at 10:18 a.m.

The Board reconvened in open session at 11:55 a.m. President Shaikewitz reported that the Board had given direction to counsel.

5. ADJOURNMENT

There being no further business to come before the MWD Board of Directors, the meeting was adjourned at 11:56 a.m.

Approved:

_____________________________

Richard Shaikewitz, President

Attest:

__________________________________

Tom Mosby, Secretary