REGULAR MEETING Minutes

BOARD OF DIRECTORS

MONTECITO WATER DISTRICT

583 SAN YSIDRO ROAD, MONTECITO, CALIFORNIA

TUESDAY, October 19, 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, Robert W. Puddicombe, and Larry Wilson

Directors Absent:

None

Staff Present:

Bob Roebuck, General Manager

Tom Mosby, Engineering Manager

Evalyn Kerman, Business Manager

Toni Bailey,  Finance Specialist

Chip Wullbrandt, District Counsel, Price, Postel & Parma

David H. Johnson, Ortega Project Manager

Lois Werner, Recording Secretary

Guests Present:

Charles Hamilton, General Manager, Carpinteria Valley Water District

2.  PUBLIC FORUM           

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

3.  CONSENT CALENDAR

Director Wilson requested that Staff prepare a report on District policy on replacement of District vehicles.  Following Board discussion, it was moved by Director Wilson, seconded by Director Puddicombe, 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.                 Informational Item on Emails (Oral)

Mr. Wullbrandt stated that he will discuss next month the use of email for official business.

5.  district Operations Report

A.                 Ortega Reservoir Project Status REport (Oral)
 – Dave Johnson

Mr. Johnson reported to the Board on the status of the Ortega Reservoir Improvement Project and answered Directors’ questions.

Revised Project costs for construction only, with contingencies, are projected to be about $10.9 million.

B.                 Ortega Reservoir Project Costs to Date

Mr. Roebuck introduced this item to the Board and he and Ms Kerman answered Directors’ questions.  Director Edmonston requested that the cost summary in future include a past month’s expenditures as well as project to date.

C.                MWD Water Supply Status Report

Mr. Roebuck presented this report on the status of the water supply and answered Directors’ questions.

D.                North Jameson Lane Water Main Replacement Project

Mr. Mosby introduced this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Puddicombe, seconded by Director Edmonston, and unanimously carried to approve the proposed North Jameson Lane water main replacement project, replacing approximately 1270 feet of 6-inch cast iron pipe with new 8-inch ductile iron pipe; authorize the General Manager to enter into a contract with Whitaker Construction in the amount of $110,849 for the replacement of this District main; appropriate funding in an amount of $120,000, including a contingency of $9,000; and increase the 2004/05 budget for North Jameson Lane bike lane from $75,000 to $195,000 to include the Board approved bridge crossing work and the proposed water main replacement work.

E.                 MWD Distribution System Mapping Status Report (Oral)

Mr. Roebuck presented the first iteration of the digital District system map from Sage Consultants and answered Directors’ questions.

F.                 2004/05 MFPD / MWD Fire Hydrant Upgrade / Replacement Program Status Report

Mr. Roebuck presented this item to the Board and answered Directors’ questions.  Following Board discussion, it was moved by Director Abel, seconded by Director Puddicombe, and unanimously carried to approve the recommendations presented in the staff memo on this item.

6. Business and Finance

 A.                 Request for Fee Waiver and Reduction in Copying Charge

Mr. Roebuck presented this item to the Board and answered Directors’ questions.  Following Board discussion, it was moved by Director Abel, seconded by Director Puddicombe, and unanimously carried to deny Mr. Chytilo’s request to waive costs and fees for copying documents under the Public Records Act, to deny the request to reduce the District’s $0.25 per page copying charge and to reaffirm the $0.25 per page copy charge as District policy.  Counsel noted that District’s response to Mr. Chytilo should define for him District’s actual cost to copy the documents Mr. Chytilo selected for copying, and should remind him that he was notified that the Board would be discussing this item and chose not to attend.

B.                 Amendment to Ortega Reservoir Improvements Reimbursement Agreement

Mr. Roebuck introduced this item.  Mr. Hamilton presented the CVWD request for an amendment to the existing agreement and answered Directors’ questions.  Mr. Hamilton expressed the opinion that the CVWD Board would be satisfied with the proposed letter of response which reiterates that the existing agreement is applicable to legal costs as well as other project costs not specifically spelled out in the agreement.  Following Board discussion, it was moved by Director Edmonston, seconded by Director Wilson, and unanimously carried to reject the proposed amendment and authorize the General Manager to send a letter to Carpinteria Valley Water District explaining the Board’s action.

C.                Transfer of Bureau of Reclamation Distribution Facilities

Mr. Roebuck introduced this item and answered Directors’ questions.  Following Board discussion a vote was taken on the following items:

1. Resolution No. 1988, Authorizing President and Secretary to Sign Agreement
Moved by Director Puddicombe, seconded by Director Abel and carried by the following roll call vote:

AYES:  Abel, Drewry, Edmonston, Puddicombe, and Wilson

NOES:  None

ABSENT:  None

2. Resolution No. 1989, Authorizing Secretary to Accept Deeds of Grants and Amending Resolution No. 1894

Moved by Director Puddicombe, seconded by Director Abel and carried by the following roll call vote:

AYES:  Abel, Drewry, Edmonston, Puddicombe, and Wilson

NOES:  None

ABSENT:  None

It was moved by Director Puddicombe, seconded by Director Abel, and unanimously carried to authorize the full repayment of any balance of funds borrowed from the USBR and retire the loan contract. 

7. Closed Session Item 

A.                 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 found that it was not necessary to adjourn to closed session at this time.

8. Board of Directors

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

Director Puddicombe’s request to attend the ACWA Fall Conference following his attendance at JPIA was presented.  Following Board discussion, it was move by Director Wilson, seconded by Director Abel, and carried by the following roll call vote to authorize Director Puddicombe’s attendance at the ACWA Fall Conference:

AYES: Abel, Puddicombe, Wilson

NOES:  Edmonston, Drewry

ABSENT:  None

b.                 Payment of Director Fees for Meeting Attendance

President Drewry introduced this item.  Following Board discussion, it was moved by Director Edmonston, seconded by Director Drewry, and carried by the following roll call vote to approve the revision of the District Directors’ Compensation policy as amended, the new policy to take effect for each seat on the first day of January following the expiration of the current term for that Director.  Directors Drewry and Edmonston stated that they would follow the policy, effective January 1, 2005.

AYES: Drewry, Wilson, Edmonston

NOES: Abel, Puddicombe

Legal Counsel left the meeting at this point.

9. Time Certain 5:00 p.m.                                                                                                        

A.                 Audit of 2003/04 MWD Financial Statements by Mac Farlane Faletti & Co

This item was postponed to the November 16 meeting.                                                                  

10.  GENERAL MANAGER’S REPORT                                                                                       

A.                 Ongoing Projects Update

Mr. Roebuck presented his ongoing projects update and answered Directors’ questions.  The Board requested that Mr. Roebuck add a vehicle replacement policy to his ongoing projects.

11.  DIRECTOR AND STAFF MEETING REPORTS 

A.                 CACHUMA CONSERVATION RELEASE BOARD MEETING OF September 27, 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 information provided in their agenda packets.

B.                 CACHUMA OPERATION AND MAINTENANCE BOARD MEETING OF September 27, 2004

Director Abel reported on the subject meeting.

C.                CENTRAL COAST WATER AUTHORITY BOARD MEETING OF October 14, 2004

Director Puddicombe reported on the subject meeting, devoted almost entirely to the dry year water program.

D.                SANTA BARBARA COUNTY SPECIAL DISTRICTS ASSOCIATION MEETING OF September 27, 2004

Director Wilson reported on the subject meeting.  The speaker was a lobbyist from the California Special Districts Association.

E.                 Bureau of Reclamation Title Transfer Ceremony, October 5, 2004

Director Abel reported on the signing ceremony she attended on the Board’s behalf for the title transfer of the Summerland distribution facilities from the USBR.

12.  COMMITTEE REPORTS/RECOMMENDATIONS                                                              

A.                 OPERATIONS COMMITTEE

Directors Puddicombe and Edmonston reported that the activities of the Operations Committee had been covered elsewhere in the meeting.

B.                 FINANCE COMMITTEE

Directors Drewry and Wilson had nothing to report beyond what had already been covered in the meeting.

C.                PUBLIC INFORMATION COMMITTEE

Directors Abel and Drewry reported that the Public Information Committee had not met in the past month.

13.  Board information Items

There was no discussion or action on these items.  Discussion on the annual financial statements and budget report and the 2003/04 investment report was postponed until the November meeting.
 

14.  AGENDA ITEM REQUESTS                                                                                                  

There were no requests from Directors for items other than regular agenda items for the next regular Board meeting scheduled for November 16, 2004. 

15. Adjournment  

There being no further business to come before the MWD Board of Directors, the meeting was adjourned at 5:37 p.m.

                                                                                                Approved: 

                                                                                                __________________________

                                                                                                William W. Drewry, President 

Attest: 

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