SANTA YNEZ RIVER WATER CONSERVATION DISTRICT
IMPROVEMENT DISTRICT NO. 1
MINUTES
A Regular Meeting of the Board of Trustees of the Santa Ynez River Water Conservation District, Improvement District No. 1, was held at 5:30 p.m. on Tuesday, January 15, 2008.
Trustees Present: Harlan Burchardi Lee Bettencourt
Matt Loudon Jeff Clay
Trustees Absent: Harry Poor
Others Present: Chris Dahlstrom Gary Kvistad
Karen King Mary Martone
Jim Munger Alexandra Barnhill via teleconference
I. Call to Order
President Burchardi called the meeting to order at 5:31 p.m.; he stated that this is a Regular Meeting of the Board of Trustees. The President noted that a quorum of the Board of Trustees was present; Trustee Poor was absent and Trustee Loudon arrived at 5:50 pm.
II. General Manager/Secretary Report
Mr. Dahlstrom presented an Affidavit of Posting of the agenda, along with a true copy of the agenda for this meeting. He stated the agenda was posted in accordance with the California Government Code commencing at Section 54950 and also pursuant to Resolution No. 340 of the District.
President Burchardi directed that the Affidavit be filed as evidence of the posting and of the agenda items contained therein.
III. Approval of Regular Meeting Minutes of December 18, 2007
The Minutes of the Regular Meeting of December 18, 2007 were presented for Board consideration. President Burchardi requested minor corrections. It was MOVED by Trustee Bettencourt, seconded by Trustee Clay, and carried by a 3-0-0 voice vote with two absent, to approve the Regular Meeting Minutes as corrected.
IV. Additions or Corrections, if any, to the Agenda
Mr. Dahlstrom explained that there was an addition to the agenda under item VII.B. 7. Mainline Break at 2760 Lucca Street APN 135-153-012. He stated that this item occurred after the board package was prepared and circulated to the Board members.
It was MOVED by Trustee Bettencourt, seconded by Trustee Clay and carried by a 3-0-0 voice vote, with two absent, to add Item VII.B.7. - Mainline Break at 2760 Lucca Street APN 135-153-012 to the agenda.
V. Public Comment
President Burchardi noted that there were attendees present from the public as described below. No public comment was provided during this agenda item.
Mrs. Mary Martone was present for the meeting.
Mr. Jim Munger was present for Item VII.C.3 – Dunn School – 2555 W. Highway 154 Los Olivos.
VI. Consent Agenda
Trustee Bettencourt MOVED the Consent Agenda items are approved as presented; the motion was seconded by Trustee Clay and carried by a 3-0-0 voice vote, with two absent.
VII. MANAGER’S REPORT - STATUS, DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING SUBJECTS
A. District Administration
1. Financial Report
Mr. Dahlstrom provided the Board a review of the current month’s revenue and expenses. He stated that the revenue exceeded the expenses by $336,197.55 which is mainly due to a special tax assessment payment of $396,384 and an insurance refund in the amount of $20,349. He stated the LAIF account balance was $6,508,477.82 as of December 31, 2007.
Mr. Dahlstrom also mentioned that the Board packet included a December 29, 2007 letter from Hatch & Parent announcing the merger with Brownstein, Hyatt, Farber & Schreck effective January 1, 2008. He stated that the hourly rate for legal counsel will be increasing by $15.00 effective January 1.
Mr. Dahlstrom also mentioned Ms. Danna McGrew, of Bartlett Pringle & Wolf, the District’s auditor was awarded “Accountant of the Year” by the Santa Barbara County Special District’s Association for Meritorious Service in 2007. Mr. Dahlstrom stated that he would like to recognize her work with us and send a letter of congratulations from our Board.
2. Continuing Disclosure Statements
Mr. Dahlstrom stated that each year the District is responsible to provide continuing financial disclosure information to Central Coast Water Authority and to the Bank of New York for the COMB Series 2004A Bond. He stated that Ms. Mary Martone prepared disclosure statement, which the District’s rate coverage was 1.52% and submitted the information to CCWA prior to the January 10th deadline. Mr. Dahlstrom also stated that he had yet to hear from the City of Solvang regarding their submittal. He mentioned that the COMB disclosure information was due the end of February.
3. FY 2007/2008 Six Month Budget Update
Mr. Dahlstrom stated included in the Board packet was the FY 2007/2008 six-month budget update. Mr. Dahlstrom provided the Board an explanation of the expenditures to date in each category, the revenue projections and the reserves. He reported that the revenues slightly exceeded the budget amounts during the 6-month period and the expenditures were essentially on target for O&M, General and Administrative, Capital Improvement Projects and other categories. The Board accepted the 6-month budget update.
4. Board of Trustees Reorganization
a) Selection of Officers
Mr. Dahlstrom stated that every year at this time, the Board selects officers for the President and President Pro-Tem seats and appointing the secretary pursuant to the California Water code 74250 and 75165.8.
Trustee Loudon MOVED the officers remain status quo, Harlan Burchardi as President; and Trustee Loudon as President Pro Tem; it was seconded by Trustee Bettencourt and carried by a 4-0-0 voice vote, with one absent.
b) Appointments of Representatives to Participation Agencies/Organizations/ Committees
Mr. Dahlstrom provided the Board the list of current agencies that the District is a participant or member. The Board discussed the current Board representation to each of the agencies and determined there were no changes.
It was MOVED by Trustee Loudon, seconded by Trustee Bettencourt and carried by a 4-0-0 voice vote, with one absent to approve the reappointment of the District representatives to the various agencies, committees and memberships.
5. Building & Security Improvements
Mr. Dahlstrom stated that the Board packet included several photo brochures of prefabricated steel buildings. He mentioned that due to the recent theft at Meadowlark, a building at that location may be beneficial to store inventory and house the generators. He stated staff is researching costs associated with steel buildings. He also mentioned that he would like to set up a meeting with the building committee to further discuss the steel building and office bathroom improvements. Mr. Dahlstrom further informed the Board that Ms. Mary Martone has spoken with JPIA Insurance, as requested by the Board at the past meeting, and a representative will be sent prior to the renewal date of the District’s policy for a site and liability assessment and provide coverage recommendations.
B. District Operations & Maintenance
1. 2005 Flood Emergency (FEMA-1577-DR-CA)
Mr. Dahlstrom stated that the Board packet included a December 21, 2007 notification of reimbursement and payment to the District of $582,256 from FEMA and OES for the well 27 Project. He expects payment to be received within the next month.
a) Upland Well 24 Construction Project (Tejas Canyon)
Mr. Dahlstrom stated that the Board packet included photo of a new barbed wire fence and gate that was installed at Zone 3 reservoir, constructed by the District landscape maintenance service, Burtin Pulido. The 600 feet of fence and the gate was constructed for a cost of $4,750 to further secure the area and maintain a cattle perimeter around well 24 and the tree replacement area. Mr. Dahlstrom also mentioned that the completion date for the electrical panel for Well 24 will be delayed by at least six weeks. Tierra Construction will coordinate the installation of the interconnection water main from the well to the Zone 3 Reservoir transmission main when the electrical components arrive.
b) Upland Well 25 Drilling & Construction (Figueroa Mtn. Road)
Mr. Dahlstrom stated that the pump and motor have yet to be installed and that the final phase includes specialty electric, concrete pads for PG&E panel, transformer, chlorine building and fence. That is expected to go to bid in February. The electrical panels for this well are also delayed by six weeks.
c) Upland Well 27 Drilling & Construction Project (Hwy 154/Royal Oaks)
1. Notice of Completion – Wellhead Construction Phase II-Hanly Engineering
Mr. Dahlstrom reported that the Board packet included a final punch list for the well head construction phase 2 and the electrical inspection report from Electrical Solutions. Mr. Dahlstrom stated that all items discussed in both of the lists have been completed and a Notice of Completion should be approved and filed for the project. He also indicated that Barney Hanly did a great job on this project and the building is complete. He recommends approval of the Notice of Completion.
It was MOVED by Trustee Loudon, seconded by Trustee Clay and carried by a 4-0-0 vote with one absent, to authorize the General Manager to sign and file the Notice of Completion for the wellhead construction phase II portion of Well 27.
d) Well 28 – Drilling & Construction Project - Foss
Mr. Dahlstrom stated that at the November meeting the Board authorized the General Manager to proceed with the grant of easement acquisition for the property owned by Mr. Joe Foss. The Board was provided a handout with a photo and drawing of the proposed site on the Foss property. He explained that access to the property have constraints and would be a problem for a drilling rig, drainage and water discharge would need further investigation and possible easements, and that a neighbor next to the property is opposed to any drilling activities near her property. He further explained that the neighbor raises alpacas and that any abnormal noises would allegedly cause breeding problems for the animals. Mr. Dahlstrom suggested that the Board consider another location and discuss the option of filing an alternate project with FEMA for drilling a new well on the ¾-acre property the District already owns on Baseline Avenue where Well #4 is located. He explained last month that well #4 was originally constructed in 1962 and rehabbed in the 80’s, failed due to a well column breach and this site would be optimal for a new well because all the components including drainage, electrical, access and infrastructure to accommodate a new well exists and recommended that this be a viable alternative to the Foss site.
The Board discussed optional well site locations, the FEMA time extension, and funding and after a lengthy conversation concluded to have the General Manager research an optional location for the well site, in addition to Baseline property, make contact with Mr. Folgner who owns property on Edison Street that may be interested in providing a well site to the District, and table any action on this item for further consideration at the February Board meeting. Mr. Dahlstrom cautioned about the time needed to submit an alternate project to OES and FEMA and the time constraints related to the second extension. He also suggested that the investigation be limited to 30-days. The Board concurred.
2. Update District Water Works Standards and Construction Specifications
a) Resolution No. 652: A Resolution of the Board of Trustees of the Santa Ynez River Water Conservation District, Improvement District No. 1 Adopting the Revised Water Works Standards and Construction Specifications
Mr. Dahlstrom stated that the District’s Water Works Standards and Construction Specifications were included in the Board packet. He explained that the Construction Specifications were updated based on industry engineering of the American Water Works Association Standards, the District’s Engineers recommendations and proven practices and products. He reiterated that the last adopted version of the Construction Specifications was in December of 2000, and the update was necessary to reflect industry and construction changes, and that this updated version would supersede all prior versions or updates. Mr. Dahlstrom recommends approval of Resolution No. 652.
It was MOVED by Trustee Loudon, seconded by Trustee Bettencourt, and carried by a 4-0-0 voice vote, with one absent to adopt Resolution No. 652:
The Resolution was adopted by the following roll call vote:
AYES, Trustees: Harlan Burchardi
Lee Bettencourt
Matthew Loudon
Jeff Clay
NOES, Trustees: None
ABSENT, Trustees: Harry Poor
3. Robin Place Main Line Extension
a) Agreement for Robin & Eagle Place Mainline Replacement
Mr. Dahlstrom stated that the Board packet included the Agreement for the Robin Place Main Line Extension project. He reported that last month the Board approved the lowest responsible bid and Notice of Award for the Robin & Eagle Place mainline replacement to be performed by R. Baker, Inc. He recommended that the Agreement be approved in the amount of $56,445 and that the Board authorize its execution.
It was MOVED by Trustee Loudon, seconded by Trustee Bettencourt and carried by a 4-0-0 voice vote with one absent to approve the Agreement and authorize the General Manager to execute the Agreement with R. Baker Construction for the Robin & Eagle Place Mainline Extension.
4. Distribution System and Water Quality
a) Water Delivery System Hydraulic Capabilities Evaluation
Mr. Dahlstrom reported that Stetson Engineers will provide a revised/updated Water Delivery System Hydraulic Capabilities Evaluation for discussion at the February meeting. He stated the report incorporates the Department of Health Services regulatory requirements as the baseline conditions and not the AWWA standards.
b) Still Meadow Booster Pump Station
Mr. Dahlstrom stated that per the Board’s direction, staff has proceeded with the acquisition of approximately ¼ of an acre of land belonging to the Rydell Family. He stated a letter was sent to the Rydell’s with the $49,000 purchase offer based on the appraisal; the District has not had a response to date. Staff is also evaluating an alternative solution to the pressure problems which includes a pipeline interconnection from Zone 3. The main extension would be needed to tie into a Zone 3 water main on north Still Meadow Road. This is a possible solution being modeled for its feasibility.
5. State Water Project – Water Supply
a) 2008 Delivery Schedule
Mr. Dahlstrom stated that the Board packet included a December 26, 2007 memo from Central Coast Water Authority regarding the SWPCA Dry Year Program Status for informational purposes only. He stated that DWR is still predicting 25 percent of the initial allocation of SWP water for this year although with the recent rains and snow pack that may change. DWR will update its predictions in February. Central Coast Water Authority is exploring an Agreement with San Luis Obispo County for its unused allocation of SWP as an alternate source of water.
6. Santa Ynez River/State Water Exchange Agreement
a) Montecito Water District Response Letter
Mr. Dahlstrom stated that the Board packet included a January 8, 2008 letter to Montecito Water District in response to the letter Mr. Bob Roebuck sent prior to his retirement about the Exchange Agreement. Mr. Dahlstrom and Mr. Kvistad summarized the letter including requesting justification for MWD’s claims and issues with Hatch & Parent representation. He stated that he has spoken with the newly appointed General Manager of MWD, Mr. Tom Mosby. He explained that Mr. Mosby was aware of the letter although no response has been received by the District.
b) Carpinteria/Guadalupe Water Transfer Update
c) Carpinteria/Irvine Ranch Water District Exchange Update
Mr. Dahlstrom stated that the Board packet included a January 9, 2008 letter to Mr. Charles Hamilton, Carpinteria Valley Water District, General Manager regarding the proposed transfers to Irvine Ranch and to the City of Guadalupe. He briefly discussed the letter and stated that the District’s main concern is that the Exchange Agreement is not adversely affected. Mr. Dahlstrom stated that he has spoken with Mr. Hamilton and he is willing to work with the District and make assurances that the proposed transfers will not affect the Exchange Agreement.
He stated that when more information is available and the terms of CVWD agreement are circulated, he would update the Board.
7. Stow/Alta Street Main Line Break in Los Olivos
Mr. Dahlstrom stated that a break and water leak was reported in a main Alta Street in Los Olivos today, January 15, 2008. Mr. Dahlstrom provided the Board with a photo and APN map of the property located at 2760 Lucca Street. He further explained that the pine trees have been planted years ago on top of the mainline in our easement and that the property owners’ garage was built over the water main line as well. He also mentioned the line is within 8-feet of the house and to further constrain matters the PG&E and Gas utility lines are within the District’s easement. Mr. Dahlstrom stated that the water main has been shut down and that the three parcels served by the line have temporary service connections until a decision can be made. Mr. Dahlstrom explained that the tree roots are the likely cause of the break although further investigation is necessary to detect the problem. However, the proximity of the main to the trees and house, along with the saturated soil, create a risk. Mr. Dahlstrom and Mr. Kvistad explained the legalities of the situation including the property owner responsibility for the removal of the trees, the garage constructed over the water main and the need to resolve this issue, and the dry utilities in the District’s easement. He provided the Board with several options regarding the water main; relocation of the line, relocation of the services to the three parcels and worst case scenario to cut, cap and abandon the line.
After a lengthy discussion the Board approved the recommended action to cut and cap the 6-inch water main at the intersection of Alta and Olivet Street, relocate the service connections for the three properties, abandon that section of the main, and then to pass the costs on to the property owner that created the interference, with the appropriate legal waiver and release of liability.
It was MOVED by Trustee Bettencourt, seconded by Trustee Clay and carried by a unanimous voice vote to authorize the General Manager to direct staff to cut, cap and abandon the portion of the 6-inch mainline at the intersection of Alta and Olivet Street, relocate the service connections for the three properties, and to pass the associated cost back to the property owner that created the interference.
C. Water Service for/Lot Splits/Projects
1. Santa Ynez Indian Reservation
a) Casino/Consolidation and Expansion
1. Santa Cota Road Large Diameter Water Main Line Replacement, Alignment and Loop
Mr. Dahlstrom stated that the Wononee water main replacement (Reach B) was modeled again to now include the proposed Community Center and the results of the modeling concluded that the Band will need to revise the plans to upsize the main to 12-inch rather than the 8-inch as previously discussed. The modeling included the domestic and irrigation water demand calculations provided by the Band’s engineer, the private fire system, and fire flow requirements. The plans previously submitted will require revisions, re-submittal for plan check and action by the Board.
Mr. Dahlstrom stated that there are some issues that still need to be resolved with Lateral 1-1 (Reach C) tie-in. The old 6–inch main needs to be terminated and the connection capped at Lateral 1-1. He also mentioned that the District still has yet to receive a Notice of Completion for Phase 1 Reach C. Mr. Dahlstrom also mentioned that staff will begin to work on the easement acquisition once all the projects are deemed complete.
b) Via Juana Road Widening Project
Mr. Dahlstrom stated that this project appears to involve relocation and replacement of the water main in this area. He reported that there is no activity related to this project and an application is needed to assure the District’s costs are covered.
c) Santa Cota Road Storm Drain Project
Mr. Dahlstrom reported that the plans have been reviewed and comments have been submitted. The comments were based on potholing at the drop-inlet points on Kalawa Shaq and at locations were interference would occur with the water main. At this time, we are awaiting a response back from the Band. He also stated that the District was invited to the pre-construction meeting, which was attended by District staff.
2. Santa Ynez Community Services District – Main Line Extension – 1070 Faraday
Mr. Dahlstrom stated that the Board packet included revised plans for the Faraday mainline extension. He stated that the revised plans have been reviewed by staff and are acceptable. Mr. Dahlstrom stated that based on the submittal of the final plans for the mainline he recommends approval of the plans and authorization to execute the Water Main Extension Agreement with the SY Community Service District.
It was MOVED by Trustee Loudon, seconded by Trustee Clay and carried by 4-0-0 vote with one absent, to approve and accept the plans, and authorize the execution of the Water Main Extension Agreement for the SY Community Services District mainline extension project.
3. Dunn School – 2555 W. Highway 154, Los Olivos
President Burchardi and Mr. Dahlstrom welcomed Mr. Jim Munger of Dunn School to the meeting. Mr. Dahlstrom stated that at the last meeting the Board accepted a two phased approach for the project and several other conditions that must be met for the project. Mr. Dahlstrom reviewed the latest plans with the Board.
Mr. Dahlstrom reiterated the District’s concerns regarding the new plans including the District acquiring the existing private “central main”, connecting to an existing private water main between what was called Phase 1 and Phase 2 and the alignment of that private main that was not within the private road or shoulder but through the school grounds. He also expressed his concern about several 100 foot to 200 foot hydrant laterals that are considered dead end mains and other private line connections to the proposed water main. The Board supported the same concerns and directed the General Manger to draft and send a letter to Dunn summarizing the action taken by the Board and the direction to proceed.
Mr. Munger reassured the Board that Dunn is willing to work with the District and wants to move forward as soon as they can. Mr. Munger stated that he would direct Flowers & Associates to get the preliminary engineering plans for Phase 1 to the District as soon as possible. Mr. Dahlstrom stated that staff would continue to work with Dunn representatives and bring additional information back to the Board in February. The Board concurred that Phase 1 to the cottages could move forward.
VIII. REPORT, DISCUSSION AND POSSIBLE BOARD ACTION ON THE FOLLOWING SUBJECTS:
A. Cachuma Conservation Release Board
1. Re-Organization
Mr. Dahlstrom stated that CCRB is again requesting re-organization and consolidation of agencies. He stated that he and Gary Kvistad were scheduled to meet tomorrow, January 16, 2008 with Mr. Chip Wullbrant and Mr. Steve Mack, who now works for CCRB. At the past CCRB meeting, it was requested that a meeting take place to reinitiate the discussion about reorganization. The Board revisited their issues with CCRB actions and the lack of consideration for the Districts involvement as a participant in the decisions or as a party to the joint actions even though the District cooperates financially and as a partner. Some of the most notable and repeated problems recalled by the Board are with CCRB signing contracts that should have had District approval or at least concurrence, use of ID#1’s Engineer and direction given by the CCRB manager without ID#1’s knowledge or consent, approving projects without involving ID#1’s consideration or action such as Quiota Creek or San Julian Ranch passage barrier removal, preparing CEQA environmental documents on cooperative projects and not advising or noticing ID#1, and the many other financial matters that should require ID#1’s approval but is disregarded by CCRB and its manager.
The Board also took issue and exception with Kate Rees, the CCRB manager and her lack of consideration and respect for the District. The Board noted that she works for the District as well as for CCRB but does not make any effort to involve the District, inform this Board, or coordinate the activities that involve decision-making with this District. She attends ID#1’s meetings only at budget time and when money is needed; sometimes that does not even occur and expects the District to participate financially without question. It is only the efforts the District’s General Manager and Legal Counsel that keep this Board informed and to attempt control the CCRB activities.
Mr. Dahlstrom mentioned the Board packet included a recent email from Ms. Rees regarding the mention of Mr. Kvistad attending a meeting with the General Manager. He explained that Mr. Kvistad would be attending this annual strategy meeting at the Stetson Engineers office in San Rafael with Kate Rees and Tim Robinson from CCRB, Jean Baldrige from Entrix, Bruce Wales of the Parent District, Greg Wilkinson with BB&K, Chuck Hanson and Ali Shahroody of Stetson Engineers, so he would be available and knowledgeable of all the various fisheries activities and SWRCB matters in the event the ID#1 manager was unable to attend similar meetings or represent the District. Mr. Dahlstrom stated that the e-mail was typical of responses in the past, which the Board recalled previous e-mails from Ms Rees, and that the District had every right to request participation by Mr. Kvistad. Trustee Bettencourt with the support of the entire Board, insisted that Mr. Kvistad attend the meeting or any other such meeting as necessary to represent the District.
The Board discussed these serious issues and relationship with CCRB and the overall lack of management of CCRB/ID#1’s joint activities. The Board remains seriously concerned about Ms Rees’s capability to manage the fisheries matters on behalf of ID#1 and CCRB, her lack of understanding of a partnership and joint decision-making by the two agencies, her inability to effectively represent the joint process and taking direction from CCRB only, and her disregard for ID#1, its Board and management. The Board also responded that this District jointly funds her position and considers her blatant disregard and disrespect for ID#1 intolerable which is a reason to request her termination. The Board directed the District’s Legal Counsel to prepare a letter to this affect for signature by the Board.
Based on the lengthy discussion, the Board of Trustees concluded that ID#1 would remain involved in the joint fisheries and SWRCB activities with CCRB on a partnership basis and only through a contract, there would no consolidation of these activities with COMB, and that ID#1 would remain cooperative on fish related activities common to the Cachuma Project. The Board also supported the Joint Advocacy Agreement but would not have Ms Rees named in the Agreement as the Administrative Coordinator.
B. Cachuma Operations and Maintenance Board
1. Quagga Mussel – South Coast Facilities
Mr. Dahlstrom stated that there was a special meeting held on January 11, 2008 to discuss the quagga mussel infestation in southern California facilities, the potential impacts and problems that would occur on the South Coast facilities, and the effects on Member Unit water supply. Ms. Rees prepared a letter to the Bureau of Reclamation and to the County Parks Department which was approved and signed by COMB president Charles Evans.
The Board of Trustees discussed other means of preventing the infestation of the Quagga, short of banning boats from Lake Cachuma, including inspections, wash stations and vigorous records. Mr. Dahlstrom indicated he expects a negative response from the County to the letters.
C. Santa Barbara County
1. Madera Street Abandonment
Mr. Dahlstrom stated that there was nothing new to report.
2. Appeal of Land Use Permit 07LUP-0000-00536 Hemming
Mr. Dahlstrom stated that he had no further information regarding the permit. He stated that more information would be provided as it becomes available.
D. Santa Ynez River – State Water Resources Control Board
1. WR Order 94-5/Cachuma Project Permit DEIR
