REGULAR MEETING Minutes

BOARD OF DIRECTORS

MONTECITO WATER DISTRICT

583 SAN YSIDRO ROAD, MONTECITO, CALIFORNIA

TUESDAY, December 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, Robert W. Puddicombe, and Larry Wilson

 

Directors Absent:

None

 

Staff Present:

Bob Roebuck, General Manager

Tom Mosby, Engineering Manager

Mark Manion, for District Counsel, Price, Postel & Parma

Toni Bailey, Finance & Computer specialist

Lois Werner, Recording Secretary

 

Guests Present:

Roger Null, Kennedy Jenks Consultants

Charles Hamilton, Carpinteria Valley Water District

Richard Love, Montecito Association

 

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 Puddicombe, seconded by Director Wilson, and unanimously carried to approve the consent calendar as corrected.

 

  

4.  district Operations Report

 

A.                 Ortega Reservoir Project Staff Report

Mr. Roebuck reported on recent developments in the Ortega Reservoir Improvement Project and answered Directors’ questions.  Following Board discussion, it was moved by Director Abel, seconded by Director Puddicombe, and unanimously carried to ratify the decision of the Joint Ortega Project Committee to hire Paul Poirier for architectural services estimated at $19,000 (MWD share $9,500). It was moved by Director Wilson, seconded by Director Abel, and unanimously carried to approve the construction of a new water system intertie on Stanwood Drive between the City of Santa Barbara distribution system and the South Coast Conduit as an emergency supplemental water supply source, at an estimated total cost of $50,000; and appropriate $25,000 for MWD’s share of the project from the Operational Reserve.

B.                 Lilac Drive Water Main Replacement Project – Award
of BID

Mr. Roebuck introduced this item.  It was moved by Director Puddicombe, seconded by Director Edmonston, and unanimously carried to approve the receipt of bids for this project; award a contract and bid to the low bidder, Tierra Contracting, in the amount of $264,250, subject to completion of all MWD contractual requirements; and authorize the release of the Scheduled Water Main Replacement Project public notice to the residents of Lilac Drive and the Montecito Association.

C.                Seasonal Distribution System Action Plan Summary

Mr. Roebuck presented this summary of proposed modifications and improvements to the operation and structure of the distribution system.  Following discussion, it was moved by Director Puddicombe, seconded by Director Edmonston, and unanimously carried to approve the recommended list of seasonal distribution system operational modifications/improvements as listed in the staff report; and appropriate funding in the total amount of $65,000 from the 1998A Bond fund for these projects.

D.                Ennisbrook Well 3 Abandonment and MWD Easement Quitclaim Project

Mr. Roebuck introduced this item.  It was moved by Director Puddicombe, seconded by Director Edmonston, and unanimously carried to approve the abandonment and removal of all treatment equipment and appurtenances from the Ennisbrook Well 3 water treatment facility located at 1715 East Valley Road; approve and execute the Ennisbrook Well 3 Treatment Facility Abandonment and Easement quitclaim Agreement between MWD and Eric Eppink, property owner; and authorize the General Manager as secretary and the Board President to execute the easement quitclaim document following completion and acceptance of all work by MWD and the property owner.

E.                 Doulton Treatment Plant upgrade Project – Status REport and Funding Appropriation

Mr. Roebuck presented this report on alternatives for the upgrade of the Doulton Treatment Plant.  Following Board discussion, it was moved by Director Puddicombe, seconded by Director Edmonston, and unanimously carried to appropriate funding in the amount of $20,000 from operating funds for additional conceptual engineering review, scope of work definition, and preliminary design by SPH Associates.

F.                 Alder and Fox Creeks Diversions/Operations Plan

Mr. Roebuck reported that the District has finally received notice of the US Fish and Wildlife Service approval of the Operations Plan for Fox and Alder Creeks, originally submitted in May 2004.

G.                November 2004 Water Quality Bacteriological Samples – Status Report

Mr. Roebuck gave the Board an update on District compliance with the Safe Drinking Water Act Total Coliform Rule.

H.                 Terminal and Romero Reservoirs Photovoltaic Power Generating Opportunities

Mr. Mosby reported on the proposal to install power generating photovoltaic panels at Terminal and Romero Reservoirs.  Following discussion, it was moved by Director Puddicombe, seconded by Director Wilson, and unanimously carried to authorize the General Manager to execute the Edison Self Generation Incentive Program Reservation Form to establish eligibility in a program that would provide the District with rebates on photovoltaic panels.

 

 

5. Time Certain 3:00

 

A.                 Resolution No. 1993 – Rates & Charges — Presentation by Roger Null, Kennedy Jenks Consultants

Mr. Null presented the preliminary findings of phase one of the rates and charges study being performed by Kennedy Jenks Consultants and answered Directors’ questions.  Following Board discussion, it was moved by Director Edmonston, seconded by Director Puddicombe, and carried by the following roll call vote to approve Resolution 1993 as presented.

 

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

 

Noes:  None

 

Absent: None

 

ABstain:  None

 

6. Resolutions

 

A.                 Resolution No. 1992 – Annual Inventory of District Lands and Air Space

Mr. Roebuck presented this housekeeping item.  It was moved by Director Abel, seconded by Director Wilson, and carried by the following roll call vote to approve Resolution No. 1992 as presented.

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

 

Noes:  None

 

Absent: None

 

ABstain:  None

 

B.                 Resolution No. 1994 – Employee Classification and Salary Range

Mr. Roebuck presented this item and answered Directors’ questions.  Following discussion, it was moved by Director Wilson, seconded by Director Puddicombe, and carried by the following roll call vote to approve Resolution No. 1994 as presented.

 

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

 

Noes:  None

 

Absent: None

 

ABstain:  None

7. LEGAL MATTERS                                                                                                                     

 

A.                 Recent and Pending Legal Matters REview – Oral Report

Mr. Wullbrandt was absent and Mr. Manion had no report on legal matters.

 

8. Closed Session Item

 

A.                 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Recess to Closed Session Pursuant to Government Code Section 54956.9(b).  BASED UPON EXISTING FACTS AND CIRCUMSTANCESDUE THERE IS SIGNIFICANT EXPOSURE TO LITIGATION IN ONE MATTER.

The Board adjourned to closed session on the above item at 2:27 p.m.

The Board reconvened to open session at 3:15 p.m.  President Drewry reported that the Board gave direction to staff regarding the settlement proposal and tolling agreement.

 

 

9. Board of Directors (Mr. Manion left the meeting at this point)

 

A.                 Oath of Office, Abel & Wilson

Mr. Roebuck administered the oath of office to Directors Abel and Wilson for their new terms beginning in January 2005.

 

B.                 2005 District Reorganization

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

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

Following Board discussion, it was moved by Director Puddicombe, seconded by Director Wilson, and unanimously carried to appoint the General Manager as Board Secretary, and set a $100,000 bond; retain the firm of Price, Postel and Parma as District Counsel; appoint the Business Manager as Assistant Board Secretary and auditor, and set a $100,000 bond; designate Santa Barbara Bank and Trust as depository for District funds; and designate the Montecito Water District 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 and/or Secretary determine to be necessary based on the demands of District business.

C.                Request for input Regarding Various Board/Committee Assignments for 2005

President Drewry requested that Directors let incoming President Edmonston have their input on committee and regional board assignments before the next meeting of the Board.

D.                Request of Director PUddicombe to Attend ACWA Spring Conference, May 3-6, 2005

Director Puddicombe presented his request to attend the ACWA Spring Conference in May, following his attendance at the ACWA/JPIA meeting in the same location directly prior to the Conference.  President Drewry requested that this item be tabled until the January meeting.

                                                                  

10.  GENERAL MANAGER’S REPORT                                                                                     

 

A.                 Ongoing Projects Update

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

B.                 Personnel Matters

Mr. Roebuck reported on recent personnel changes in the District.

11.  DIRECTOR AND STAFF MEETING REPORTS 

A.                 CACHUMA CONSERVATION RELEASE BOARD MEETING OF November 22, 2004; Director Abel

1.                  State Water Resources Control Board Hearing Technical Issues Update

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

B.                 CACHUMA OPERATION AND MAINTENANCE BOARD MEETING OF November 22, 2004;

Director Abel reported that the Cachuma Operations and Maintenance Board voted to certify the fish management plan, and expect a legal challenge.  In 2005  Chuck Evans will be the Goleta Water District representative to COMB and will hold the office of President.

C.                SANTA BARBARA COUNTY SPECIAL DISTRICTS ASSOCIATION MEETING OF November 22, 2004;

Director Wilson reported on activities of the Special Districts Association.  He has been appointed to serve on a committee to represent the Association concerning the review of LAFCO Municipal Service Reviews / Sphere of Influence Updates for Local Agencies.

D.                Association of Water Agencies of Santa Barbara County, Consideration of DISSOLUTION;

Director Wilson reported on the possible dissolution of the Association of Water Agencies of Santa Barbara County.  It remains to find an organization to take over responsibility for cloud seeding and the watershed review required by the state.

E.                 ACWA Fall Conference, December 1-3, 2004, Palm Springs;

Director Abel reported on the ACWA Fall Conference and called the Board’s attention to the materials included in their agenda packets.  Mr. Roebuck also reported on the sessions he attended at the Conference.

F.                 ACWA-JPIA Board of Directors’ Meeting, November 29, 2004, Palm Springs;

Director Puddicombe reported on the ACWA JPIA session he attended prior to the ACWA Fall Conference.

12.  COMMITTEE REPORTS/RECOMMENDATIONS                                                            

 

A.                 OPERATIONS COMMITTEE

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

B.                 FINANCE COMMITTEE

Directors Drewry and Wilson reported that the activities of the Finance Committee had been covered elsewhere in the meeting with the exception of the quarterly reports which are presented in the information section of the agenda packet.

C.                PUBLIC INFORMATION COMMITTEE

Directors Abel and Drewry reported that the Public Information Committee will be meeting in January to begin work on the next newsletter.

13.  Board information Items

The Board discussed the letter from the auditors and it was the consensus of the Board that the District inquire into the cost and feasibility of an audit of internal controls. No Board action was taken on these informational items.

 

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 January 18, 2005.

 

15. Adjournment

 

There being no further business to come before the MWD Board of Directors, the meeting was adjourned at 5:40 p.m.

 

 

                                                                                                Approved:

 

                                                                                                __________________________

                                                                                                William W. Drewry, President

 

Attest:

 

__________________________________

Robert L. Roebuck,  Secretary

 

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