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, DECEMBER 16, 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 Puddicombe, Wilson

Directors Absent:

None (Director Puddicombe left the meeting at 4:30 p.m.)

Staff Present:

Bob Roebuck, General Manager
Evalyn Kerman, Business Manager
Tom, Mosby, Engineering Manager
Chip Wullbrandt, District Counsel
Lois Werner, Secretary
Guests Present:

George Herald, Ivydene Water Company


PUBLIC FORUM

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

 


SECTION 2

CONSENT CALENDAR                                                                                            

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

 
SECTION 3

Board of Directors                                                                                        
 

A.                 2004 District Reorganization

President Abel announced that an election would be held for President and Vice-President.  Director Wilson nominated Director Drewry as President of the Board; Director Edmonston seconded the motion.  There being no other nominations, nominations were declared closed. W.W. (Rick) Drewry was unanimously elected President of the Board of Directors.

President Abel then announced that the nominations were open for Vice-President of the Board. Director Wilson moved that Director Edmonston be nominated at Vice-President, Director Drewry seconded the nomination.  There being no other nominations, the nominations were declared closed.   Robert M. Edmonston  was elected Vice-President of the Board of Directors with one abstention.

Following Board discussion, it was moved by Director Drewry, seconded by Director Wilson, and unanimously carried to appoint the General Manager as Board Secretary, with the appropriate Bond of $100,000; retain the firm of Price, Postel and Parma as District Counsel; appoint the Business Manager as Assistant Board Secretary and Auditor with the appropriate bond of $100,000; designate Santa Barbara Bank & Trust as depository for District Funds; and designate the MWD offices as the place for all regular meetings of the Board of Directors, to be held at 2:00 p.m. on any Tuesday of every month, generally to be on at least the third Tuesday and on such additional Tuesdays as the Board President or Secretary determine to be necessary based on the demands of District business.

B.                 Request for input Regarding Various Board/Committee Assignments for 2004

President Abel requested that the directors provide any input on regional board appointments and District committee assignments for the coming year to 2004 President-elect, Rick Drewry, before the January Board meeting.

C.                Request of Board member for Approval to Attend 2004 ACWA Spring Conference, Monterey, May 5-7, 2004

Director Puddicombe requested Board approval to attend the ACWA Spring Conference following his attendance as District’s representative at the ACWA/JPIA Board meeting.  The Board determined to table this item until the February Board meeting.  District staff was directed to determine the JPIA meeting attendance requirements.

 
Section 4
 

Business & Finance                                                                                          

 

A.                 Review of Annual Disclosure Requirement for 1998A Bonds

Ms. Kerman introduced this item and answered Directors’ questions.  Following Board discussion, it was moved by Director Drewry, seconded by Director Wilson, and unanimously carried to approve the 2002/03 District submission to the Trustee of the 1998A Bonds.

B.                 Review of Annual Disclosure Requirement for 1996 CCWA bonds

Ms. Kerman 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 2002/03 District submission to CCWA for transmittal to the Trustee of the 1996 CCWA bonds continuing disclosure update.

 
Section 5

ENGINEERING/DISTRIBUTION/TREATMENT                                                  

 

A.     Approval of Proposed Cost Share: MWD / Ivydene Water Main Extension Project

Mr. Roebuck and 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 water main extension cost share project between Ivydene Mutual Water Company and MWD, subject to the stipulations noted in the staff memo on this item, with the appropriation of funds in the amount of $65,000 from the 1998A Bond fund and with the inclusion of a stipulation for the establishment,  to the satisfaction of District, of appropriate backflow and cross-connection protection for each meter.

 

B.     Update on Ortega and Carpinteria Reservoir Projects

Mr. Roebuck brought the Board up to date on the progress of the Ortega Reservoir Project and called the Board’s attention to the Carpinteria Reservoir Project progress report in their agenda packets.

 
SECTION 6

 Ordinances and Resolutions                                                                   

A.                 REsolution No. 1969, amending Resolution No. 1953 Adopting Group Medical Plan

Mr. Wullbrandt 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 Resolution No. 1969 as amended to include the language in brackets and also moved that District Counsel seek the opinion of the State Attorney General on the issue of discontinuing Directors’ benefits.  Mr. Wullbrandt was directed to return to the Board with a draft letter to the State Attorney General for their review.

AYES:  Directors Abel, Edmonston, Drewry,

NOES:  Director Puddicombe

ABSTAIN:  Director Wilson

 

B.                 Resolution no. 1970, Annual Inventory of District Lands and Air Space

Following Board discussion, it was moved by Director Drewry, seconded by Director Puddicombe, and carried by the following roll-call vote to approve Resolution No. 1970 as presented.

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

NOES:  None

C.                Resolution No. 1971, AUTHORIZING INVESTMENT OF MONIES IN THE STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND and repealing RESOLUTION NO. 1952

Following Board discussion, it was moved by Director Drewry, seconded by Director Wilson, and carried by the following roll-call vote to approve Resolution No. 1971 as presented.

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

NOES:  None

D.                Resolution No. 1972, Authorizing Signatories for Depository Accounts

Following Board discussion, it was moved by Director Wilson, seconded by Director Drewry, and carried by the following roll-call vote to approve Resolution No. 1972 as presented.

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

NOES:  None

 
Section 7

DIRECTOR AND STAFF MEETING REPORTS                                                 

 

A.                 CACHUMA CONSERVATION RELEASE BOARD MEETING OF November 24, 2003 

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

President Abel reported on the subject meeting and called the Directors’ attention to information included in their agenda packets.

 

B.                 Oral ReportCACHUMA OPERATION AND MAINTENANCE BOARD MEETINGs OF November 24, 2003

President Abel reported on the subject meeting.

C.                Oral Report — CENTRAL COAST WATER AUTHORITY BOARD MEETING OF November 2003

CCWA did not meet in the past month, there was no report.

D.                Oral Report — SANTA BARBARA COUNTY SPECIAL DISTRICTS ASSOCIATION MEETING OF November 2003

Director Wilson reported on the subject meeting.

 
SECTION 8

COMMITTEE REPORTS         

A.                 Oral Report — OPERATIONS COMMITTEE

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

B.                 Oral Report — FINANCE COMMITTEE

Directors Wilson and Drewry reported that the activities of the Finance Committee had already been covered. 

C.                Oral Report — PUBLIC INFORMATION COMMITTEE

Director Abel reported that the Public Information Committee would meet in February to begin work on the next District Newsletter.

 
SECTION 9

MANAGEment REPORT           

A.                 PENDING ISSUES Update

Mr. Roebuck stated that he had nothing to report on pending issues

 
SECTION 10

LEGAL MATTERS        

A.                 DISTRICT COUNSEL REPORT

1.      Residential Second Unit Amendments

Mr. Wullbrandt reported on the County’s Residential Second Units Amendments.

B.                 Recess to Closed Session pursuant to Government Code Section 54956.9(a)-Pending or Threatened Litigation: Legal Representation Concerning the Lower Santa Ynez River Fisheries Management Plan (FMP)

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 at 4:57 to discuss the above captioned items.

The Board reconvened to open session at 5:10.  It was announced that the Board had authorized District Counsel to sign a Waiver of Conflict Letter on behalf of the District allowing Greg Wilkinson of Best, Best & Kreiger to provide legal representation to the Cachuma Operation and Maintenance Board (COMB) on matters related to the Santa Ynez River Fishery Management Plan, including its environmental review, and authorized a letter to that effect to be sent to COMB.

 
SECTION 11

AGENDA ITEM REQUESTS             

There were no further requests from Directors for items other than regular agenda items for the next regular Board meeting scheduled for January 20, 2004.

 
SECTION 13

ADJOURNMENT 

There being no further business to come before the MWD Board of Directors, the meeting was adjourned at 5:15 p.m.

 

 

Approved:

 

_________________________________                     

Jan E. Abel, President

 

 

Attest:

 

__________________________________

Robert L. Roebuck,  Secretary

 

 

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