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 3:00 p.m. on TUESDAY, APRIL 20, 1999

CALL TO ORDER AND ROLL CALL

The meeting was called to order by Vice President Campbell at 2:20 p.m.
Those in attendance were:

Present: Directors Abel, Campbell, Wilson
Absent: Jones, Puddicombe
Also Present: C. Charles Evans, General Manager/Secretary
Tom Mosby, Engineering Manager
Evalyn Kerman, Business Manager
Chip Wullbrandt, District Counsel
Cathy Muneio, Secretary
Todd Amspoker, Price, Postel & Parma

PUBLIC FORUM

There were no comments made from the public during public forum.

CONSENT AGENDA

A motion was made by Director Abel, seconded by Director Wilson and unanimously carried to approve the consent agenda.

ACTIVITIES OF MONTECITO ASSOCIATION

Director Wilson said there was nothing new to report.

AWARD OF BID FOR ORTEGA HILL ROAD MAIN EXTENSION

The General Manager reported that bids had been received for the Ortega Hill Main Extension. Three bids were received, with Tierra Construction having the lowest bid of $59,800. A motion was made by Director Wilson, seconded by Director Abel and unanimously carried to award a contract to Tierra Construction in an amount of $59,800 for the Ortega Hill Road water main extension, and to appropriate that amount from the 1998A bond funds.

HIGHLINE RELOCATION AT 1364 EAST MOUNTAIN DRIVE - JACK OVERALL

The General Manager reported that bids had been received for the Highline relocation at 1364 East Mountain Drive. Mr. Overall will pay 1/3 of the cost of the project which is estimated to be about 100 feet. A Notice to Proceed will be issued after his 1/3 share of the costs is received. It was noted that the Operations Committee had reviewed this item and was recommending approval. A motion was made by Director Abel, seconded by Director Wilson and unanimously carried to award a contract to Lash Construction in an amount of $35,572 for the relocation of the District’s Highline at 1364 East Mountain Drive. It was noted that no additional appropriation is needed.

REQUEST FOR DISTRICT INFORMATION

The General Manager said that the Montecito Association had received the information needed by other means so it was no longer necessary.

 

PROPOSED QUITCLAIM OF WELL SITE AGREEMENT, EASEMENT
AND WATER RIGHTS

The General Manager recommended that the District terminate the water service and water rights agreements with the property owner of 1419 Wyant Road. An easement was granted to the District several years ago for a District well to be developed on the property in exchange for four meters. This was never completed. The property has been sold and the new owner, Mr. Rameson has requested that the District quitclaim the agreement. It was noted that the Operations Committee had reviewed this item and recommended approval. A motion was made by Director Wilson, seconded by Director Abel and unanimously carried to terminate the Wyant Road agreement and quitclaim the agreement, water rights agreement and easement for the property.

 

POLICY RELATIVE TO ENCROACHMENTS ON DISTRICT RIGHTS OF WAY

The General Manager reported that it has become necessary for the District to have a policy on encroachments on District rights of way. There have been some instances of property owners building on the District rights of way. District Counsel stated that this policy should be included in Ordinance 82 in order to enforce this policy and the Board concurred.

STATUS OF UNDERGROUND STORAGE TANK PROJECT

The Engineering Manager reported on the status of the underground storage tank project. A proposed work plan leading toward site clean-up is being recommended, and was concurred in by the Operations Committee. The Engineering Manager reported that no appropriation of funds was required for this project since the District will be contacting the Clean Up Fund for pre-approval prior to the start of this work. A motion was made by Director Abel, seconded by Director Wilson and unanimously carried to approve the proposed "Workplan for Soil and Groundwater Assessment" regarding the District’s underground storage tank clean up project.

REQUEST OF MONTECITO ASSOCIATION TO PROVIDE WATER FOR LANDSCAPING AT SAN YSIDRO ROAD AND NORTH JAMESON LANE.

The General Manager asked that this item be continued until next month since the meeting began late and the Montecito Association representatives were not able to stay.

REVISED CHALLENGE COST SHARE AGREEMENT
WITH U.S. FOREST SERVICE

The General Manager said that this item was considered by the Operations Committee, and some changes were recommended from the previous Challenge Cost-Share Agreement. The main change was that Leticia Gallardo would work under the auspices of the USFS, instead of the District. Also the date for completion of the field studies was set for September 30. Director Abel asked that the Forest Service representatives and Ms. Gallardo attend the next Board meeting. A motion was made by Director Abel, seconded by Director Wilson and unanimously carried to approve the revised Challenge Cost-Share Agreement with the U.S. Forest Service.

PUBLIC HEARING ON PROPOSED ORDINANCE NO. 82 ESTABLISHING DISTRICT RULES AND REGULATIONS

Vice-President Campbell opened the public hearing at 3:00 p.m. He asked that any member of the public wishing to comment do so. There were no comments from the public. The General Manager commented that this Ordinance will replace Ordinance 66, which establishes the District’s Rules and Regulations. The Board discussed some of the additions and changes to the Rules and Regulations, which included policies for rights of way, illegal fire hydrant use and encroachments. A change was made in the amount charged for fines. Counsel Wullbrandt said that the District should state the code and not the amount for fines so that when there is a change it will not be necessary to update the Ordinance. The public hearing was closed at 3:05 p.m. It was noted that consideration of adoption of the Ordinance No. 82 is scheduled for May 18, 1999.

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(C)

The Board went into closed session out of order at 3:10 p.m. since Todd Amspoker, Counsel at Price, Postel and Parma, was present. When the Board returned to open session at 4:10 p.m. it was reported that the Board had approved two letters to the owner and one to the County Building Official regarding potential litigation at 999 Romero Canyon Road.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING
BUELL RESERVOIR PROPERTY

It was also reported that the Board had approved the Amendment to the Purchase and Sale Contract for the purchase of the Buell Reservoir property.

DISTRICT MISSION STATEMENT

Director Abel reported that the Operations Committee had met and recommend approval of the Mission Statement prepared by Bob Rauch. There was discussion about the word "lowest" in front of reasonable costs. After discussion it was suggested the word be changed to "most" reasonable costs. A motion was made by Director Abel, seconded by Director Campbell and unanimously carried to adopt the District Mission Statement as amended.

DISTRICT COMMENTS ON THE DRAFT TORO CANYON PLAN

The Board discussed the draft Toro Canyon Plan. The General Manager said a proposed trail crossing the District’s Doulton Treatment Plant was shown on the map. He also reported that the plan was proposing downsizing of the area. Counsel Wullbrandt said that there is an impact and that the General Manager may want to be on the GPAC if one is formed. Director Campbell said that the draft Plan would reduce the District’s revenue over a number of years since the build out would be less. At the last Toro Canyon Plan Meeting, a County staff person had stated that there would not be a GPAC since there was not enough community interest. Director Campbell said that he felt there needed to be a direct service impact analysis on the service districts and the costs to those districts in the plan. It was noted that the Bella Vista area is being proposed for rezoning to 10 acre minimum parcels. The General Manager will prepare a draft comment letter and bring it back to the Board at its meeting in May.

VERBAL REPORTS ON MEETINGS

CACHUMA CONSERVATION RELEASE BOARD MEETING OF MARCH 22, 1999

Director Abel reported on the CCRB meeting of March 22, 1999. She said that it was the first meeting with Chuck Evans in his new position as Manager/Secretary. She reported that a date was set for the Lompoc talk on June 7, 1999. She also reported that the Hilton Creek project was not complete because the repairs were taking longer than anticipated. She said that she will continue to report on the status of this project. Director Abel reported that the next CCRB meeting will be held on Monday, April 26, 1999 at COMB, at which time Jean Baldrige will discuss the Fish Management Plan. Public workshops on the Plan will be held on May 12 in Buellton and May 13 in Santa Barbara.

CACHUMA OPERATION AND MAINTENANCE BOARD MEETING
OF MARCH 22, 1999

Director Campbell asked whether or not COMB had decided what to do about either purchasing a building or remodeling the current one. The General Manager said that they are planning to remodel the current building. Director Abel asked that a job description and contract for the new COMB legal counsel be provided to the Board. 

SPECIAL DISTRICTS LAFCO REPRESENTATION MEETING OF MARCH 22, 1999

Director Campbell said that there was not a quorum at this meeting so written ballots were sent out. He said that Bob Lieberknecht was interested in being a LAFCO alternate representative.

CENTRAL COAST WATER AUTHORITY MEETING OF MARCH 25, 1999

Director Campbell noted that a written report was included in the Board packet.

ACWA BOARD OF DIRECTORS MEETING OF MARCH 26, 1999

Director Abel said that she had been asked to serve on the ACWA Nominating Committee in charge of nominating the President and Vice-President. Director Abel said that after the Fall Conference notices will be sent out asking for anyone that is interested to serve on a committee. She reported that Region Boards are elected by their own regions. She reviewed with the Board the other agenda items discussed at the ACWA Board meeting.

ACWA REGION 5 MEETING OF MARCH 29, 1999

Director Abel reported on the panel regarding "Ensuring Adequate Water Supplies for Smart Growth".   She aid that the was a new Executive Director of the Urban Water Conservation Council.  She also reported that ACWA has hired a resource regulatory affairs specialist.

LAFCO MEETING OF APRIL 8, 1999

Director Campbell said that there had been no meeting, and that a meeting was scheduled for April 29, 1999.

COMMITTEE REPORTS

OPERATIONS

Director Campbell said that all items discussed in the Operations Committee meeting were previously reported on.

FINANCE

Director Campbell said that all items regarding the Finance Committee had previously been reported on.

PUBLIC INFORMATION

Director Abel reported that the Public Information Committee reviewed the proposed Mission Statement was reviewed and that the Committee was given a demonstration of the WEB site. Vice-President Campbell asked whether there was a way that the District could receive comments on the WEB site. It was noted that the District does have an E-mail address. It was decided to discuss possible WEB site feedback comments at the next Public Information Committee meeting.

WATER MARKETING

There was nothing new to report regarding water marketing.

AD HOC SEARCH COMMITTEE

The Board discussed the status of the Ad Hoc Search Committee meeting. The Committee has revised the schedule. Director Abel reported that the April 16th ad in the ACWA newsletter was still incorrect. It was noted that the ACWA staff acknowledged their error and apologized.

ITEMS FOR NEXT AGENDA

There were no suggestions made for items to be added to the next agenda.

ADJOURNMENT

The meeting was adjourned at 5:47 p.m.

Respectfully submitted,

 

________________________________
C. Charles Evans, Secretary

Approved:

______________________________
Robert Puddicombe, President

Note: The agenda for this meeting was posted at the front counter and on the front wall at the Montecito Water District on
March 16, 1999.

 

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