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, February 19, 2008.
Trustees Present: Harlan Burchardi Lee Bettencourt
Matt Loudon Jeff Clay
Harry Poor
Trustees Absent: None
Others Present: Chris Dahlstrom Gary Kvistad
Karen King Mary Martone
Mr. Jerry McCombs Mr. Mike Patarak
Mr. Richard Coffin
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 Bettencourt joined the meeting at 5:34 p.m. and Trustee Loudon joined the meeting 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 January 15, 2008
The Minutes of the Regular Meeting of January 15, 2008 were presented for Board consideration. President Burchardi requested minor corrections. It was MOVED by Trustee Poor, seconded by Trustee Clay, and carried by a 4-0-0 voice vote with one absent to approve the Regular Meeting Minutes as corrected.
IV. APPROVAL OF SPECIAL MEETING MINUTES OF JANUARY 23, 2008
The Minutes of the Special Meeting of January 23, 2008 were presented for Board consideration. President Burchardi requested minor corrections. It was MOVED by Trustee Bettencourt, seconded by Trustee Poor, and carried by a 4-0-0 voice vote with one absent to approve the Special Meeting Minutes as corrected.
V. Additions or Corrections, if any, to the agenda
Mr. Dahlstrom stated that there were no additions or corrections to the agenda.
VI. 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. Jerry McCombs was present for Item VIII.C.5. - McComb Water Main Line Extension.
Mr. Mike Patarak was present for Item VII.B.6 – 2760 Lucca Avenue –Mainline Relocation.
Mr. Richard Coffin was present for Item VIII.C.4. – Coffin Water Mainline Extension.
VII. Consent Agenda
Trustee Poor MOVED the Consent Agenda items are approved as presented; the motion was seconded by Trustee Bettencourt and carried by a 4-0-0 voice vote, with one absent.
VIII. 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 $610,260.16, which is mainly due to a FEMA reimbursement of $636,524 and special tax assessment deposit. He stated the LAIF account balance was $6,508,477.82 as of January 31, 2008 currently earning 5.150% interest.
Mr. Dahlstrom also mentioned that the Board packet included a February 4, 2008 email from Mr. Jeff Dinkin of Sheppard Mullin, the District’s legal counsel for human resources and employment-related issues. He stated that the hourly rate for legal counsel would be increasing by $20.00 effective January 1st.
2. Personnel Policy Manual
a) Resolution No. 654: A Resolution of the Board of Trustees of the Santa Ynez River Water Conservation District, Improvement District No. Amending Appendix A – Salary Ranges and Job Descriptions of the Personnel Policy Manual
Mr. Dahlstrom stated that the Board packet included a staff report relating to the creation of a Maintenance Worker I position for the District. He provided a brief overview of the proposed job description and associated duties. He indicated that the addition of the Maintenance Worker I position would focus specifically on a variety of construction and maintenance only related duties and would not require an operator certification.
Mr. Dahlstrom recommended approval of Resolution No. 654.
It was MOVED by Trustee Poor, seconded by Trustee Bettencourt, and carried by a 5-0-0 voice vote to adopt Resolution No. 654:
The Resolution was adopted by the following roll call vote:
AYES, Trustees: Harlan Burchardi
Lee Bettencourt
Matthew Loudon
Jeff Clay
Harry Poor
NOES, Trustees: None
ABSENT, Trustees: None
3. Building & Security Improvements
a) Meadowlark Booster Pump Station Security Fence Bid
Mr. Dahlstrom stated that the Board packet included two quotes for the Meadowlark Booster Pump Station Security Fencing. He also stated that included in the packet was a photo of the current fence at the site and due to the recent storms some areas of the fencing had blown down and require repairs. He stated that the two bids received were from Fenceworks, Inc. and Caldera Fence, Inc. He indicated that the quote from Fenceworks included the removal of the old fence, which was not necessary. He stated that the Caldera Fence quote was deemed the low bid in the amount of $26,814.54 and asked the Board for approval. It was noted that the quote from Caldera was dated November 16, 2007 and stated that it was good for 30 days. Mr. Dahlstrom stated the quote reflected the wrong date and that he would get a revised quote with the current date.
It was MOVED by Trustee Poor, seconded by Trustee Clay and carried to approve and accept the quoted price of $26,814.54 from Caldera Fence, Inc. pending the corrected date on the quotation.
Mr. Dahlstrom mentioned that over the weekend someone vandalized the office grounds with a motorcycle that tore up the grass area behind the administrative office. He also mentioned that he was going to contact Moniot Design to work on a preliminary master plan for the office property and security fencing at administrative office site. The Board concurred with the action.
B. District Operations & Maintenance
Mr. Dahlstrom stated that Well #4 has been videoed and presented it for the Board. He stated that a hole has been detected in the well casing at a depth of 170 feet and that there was a significant amount of calcifications in certain areas of the casing. He also reported that there is about 130 feet of filter sand/pack at the bottom of the well and that it was redeveloped and sleeved in the 1980’s. The well was installed in 1960. The well is no longer in service. He mentioned we would further discuss this site in item VIII.B.1.d. Well #28.
1. 2005 Flood Emergency (FEMA-1577-DR-CA)
a) Upland Well #24 Construction Project (Tejas Canyon)
Mr. Dahlstrom stated that Tierra Construction was in the process of installing the interconnection water main from the well to the Zone 3 Reservoir transmission main. He expects this part of the project will be completed in two weeks.
b) Upland Well #25 Drilling & Construction (Figueroa Mtn. Road)
1. Award of Contract – Additional Site and Electrical Work
Mr. Dahlstrom stated that the Board was provided a handout with the bid summary for the Well #25 - Additional Site and Electrical Work. He stated that three bids were received from the following contractors: Hanly General Engineering, Sexton Engineering and Tierra Contracting. He indicated that based on the bid process, Hanly General Engineering Corp. is the lowest responsible and responsive bidder with a bid in the amount of $43,900.
Mr. Dahlstrom recommended accepting the bid and approving a contract with Hanly General Engineering Corp. as the lowest responsible and responsive bidder for the Well #25 - Additional Site and Electrical Work.
It was MOVED by Trustee Bettencourt, seconded by Trustee Loudon and carried by a unanimous voice vote to accept the bid, authorize the General Manager to sign a Notice of Award for Hanly General Engineering Corp., and approve the contract for Well #25 - Additional Site and Electrical Work.
c) Upland Well #27 Drilling & Construction Project (Hwy 154/Royal Oaks)
1. Zone 3 Pipeline Interconnection
Mr. Dahlstrom provided a project update and discussed the engineering drawing prepared by Bob Paul that was included in the Board packet detailing the Zone 3 Connections. He stated that this well produces a high volume of water at least 1,400 gpm that will be used in Zone 2. It is also designed for a Zone 2 to Zone 3 interconnection and a booster pump station. With some minor piping as shown on the drawings and booster pump, transferring water from Zone 2 to Zone 3 will provide additional flexibility and redundancy. The Board agreed with the report and proposed improvements.
d) Well #28 – Drilling & Construction Project
Mr. Dahlstrom stated that at the January meeting the Board authorized the General Manager to proceed with an alternate site location for Well #28. He stated that the Board packet included the appraisal for a well site at the Foss property, which was appraised at $22,000. The Board also directed staff to pursue a possible well site owned by Mr. Ron Folgner. Mr. Dahlstrom reported the additional appraisal for a well site at the property owned by Mr. Folgner appraised for $22,000 also.
Mr. Dahlstrom stated that he and Mr. Tambini met with Mr. Folgner prior to the Board meeting to discuss the appraised $22,000 value and methods of compensation. He stated that during the discussion, Mr. Folgner countered the value and requested that he be compensated in the form of free water for 30 years. Mr. Dahlstrom stated that he responded to Mr. Folgner informing him that his request would not be possible because it would far exceed the appraised value and anything over the $22,000 would be a gift of public funds. He stated Mr. Folgner understood the District position and withdrew his interest.
Mr. Dahlstrom indicated that the free water proposal would be an equivalent value based on his water usage of approximately $5,500 per year or over the 30-year term, $165,000. This total would not consider rate increases. In the best interest of the District, he suggested that the District not move forward with the Folgner property and suggested the Board further discuss utilizing the site at Well #4 as the approved FEMA site. Mr. Dahlstrom cautioned about the limited timeframe needed to submit an alternate project to OES and FEMA and the time constraints related to the second extension and completion of the project. In other words, he stated there are no additional time extensions granted after February 2009all projects need to be completed by February 2009.
The Board discussed the development of the FEMA replacement well at the Baseline Well Site and the fact that the needed infrastructure exists including electrical and main transmission line. Because of loss of production of Well #4 due to the breach in the casing and unlikelihood of salvaging the well with swedges, the Board concurred that the development of the FEMA well at the District owned site would be valid at this time. The Board also recommended that the easement for the Foss property be acquired as a back up plan for any future needs.
Mr. Dahlstrom also stated the importance of submitting the FEMA environmental compliance request letter and the need to proceed with the project concurrently during environmental review to eliminate a 6 to 8 month delay.
After brief discussion, it was MOVED by Trustee Loudon, seconded by Trustee Bettencourt and carried by a unanimous voice vote to authorize the General Manager to secure an easement with Mr. Joe Foss, notify FEMA/OES that the site location for FEMA Well #28 will be at the District’s property APN 141-060-021 previously known as Well #4 and to move forward with the project concurrently with environmental review.
2. Cachuma Project Water Supply
Mr. Dahlstrom stated that the Board packet included a letter dated February 1, 2008 from the Bureau of Reclamation regarding Surplus Water Available for Water Year 2008 for the Master Contract No 175r-180R Cachuma Project, this letter was for information purposes only. He indicated that based on the surplus conditions, the District will be exchanging that water pursuant to the Exchange Agreement. He also mentioned that according to the US Department of Agriculture, the current weather outlook for the end of February, early March looks mild. Currently, USBR is operating the dam based on river inflow equals outflow releases while surcharging the lake up to 3 feet under the Fish Management Plan.
3. Distribution System and Water Quality
Mr. Dahlstrom stated that the Board packet included a photo of a water main break adjacent to Highway 246 west of the casino entrance and needed Tierra Contntracting, Inc.raction to come in with heavy equipment including a trackhoe andtrackhoe and front end loader and assist because of the conditions. He further explained that we have had seven breaks in the last month and a half and that the field crew has been very busy. He stated that the break on 246 was in an 8-inch main through an 18-inch casing, which was repaired. He indicated that the Band will have to replace this portion of the main through the sleeve in the near future as part of the Wononee water main replacement.
a) Water Delivery System Hydraulic Capabilities Evaluation
Mr. Dahlstrom reported that Stetson Engineers provided a revised/updated 2008 Water Delivery System Hydraulic Capabilities Baseline Evaluation and 2008 Water Delivery System Hydraulic Capabilities Evaluation with New Wells. He stated the 2008 reports incorporate the Department of Health Services Title 22 regulatory requirements as the baseline conditions and not the AWWA standards as in the 2007 Hydraulic Capabilities Evaluation. Mr. Dahlstrom stated that the introduction, summary and conclusions were included in the Board packet for discussion and that the entire reports were available for review. He described the differences in the modeling variables between AWWA standards and Title 22 standards and provided a summary of the findings for the Board. He stated that using Title 22 variables and the need to meet the DHS regulatory requirements, the model results concluded that there were less pressure and flow deficiencies in the three pressure zones as compared to the 2007 previous report. He stated that there are still pipelines that exceed velocity standards and low-pressures at certain nodes but the critical areas have been reduced. He did indicate there remains a need for system improvements including the Dear Hill and Still Meadows area. The Board discussed the findings in the 2008 reports and requested the General Manager provide a staff report summarizing the remaining future action required by the Board at the next meeting.
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 purchase offer based on the appraisal; there has been no response to date.
c) Regional Water Quality Control Board Annual Report
Mr. Dahlstrom stated that the Board packet included a January 9, 2008 letter to the Regional Water Quality Control Board regarding the District’s annual report. He stated that the letter is a standard requirement each year with this year including the new Wells 25, 27 and 28. This report was provided for informational purposes only.
4. State Water Project – Water Supply
a) 2008 Delivery Schedule
Mr. Dahlstrom stated that the Board packet included a news release dated February 4, 2008 from DWR announcing the increase in the State Water Project Allocation. He stated that DWR announced an increase in the 2008 SWP Allocation from 25% to 35%. He stated that DWR would also provide an additional update at the end of February based on the snow survey.
b) Disclosure Statement
Mr. Dahlstrom stated that the Board packet included the City of Solvang’s Continuing Disclosure information that is provided to Central Coast Water Authority each year. He stated that the information was submitted on time and that the City does meet the rate coverage requirements.
5. Robin Place Main Line Replacement
a) Agreement for Robin & Eagle Place Mainline
Mr. Dahlstrom stated that R. Baker has started work on the Robin and Eagle Place mainline replacement. He stated that the connection portion of the project has commenced and the project is expected to be complete within the next two weeks.
6. 2760 Lucca Avenue – Main Line Relocation
Mr. Dahlstrom stated that Mr. Mike Patarak was present for this item and welcomed him to the meeting. Mr. Dahlstrom stated the Board packet included the recent correspondence with Mr. Patarak, photos of the site and survey stakes and a list of information provided to the District from Mr. Patarak for discussion purposes. The Board also welcomed Mr. Patarak to the meeting. Mr. Dahlstrom also noted a correction in the parcel number that was on the letter of APN 135-153-012.
Mr. Dahlstrom provided a review of the actions taken by the Board, the results of the survey, and the proposed new location for the mainline. He stated that he and Mr. Bob Hyland walked the property and determined that the best location for the line would still be in the District’s easement. Trustee Loudon also indicated he had an opportunity to meet on site with the property owner and the Manager and assess the situation.
Mr. Dahlstrom reported that an additional isolation valve was installed by the field crew on the adjacent property so that this portion could be relocated without water service interruption to customers. He also provided the plan of the new location for the line. The Board discussed the costs associated with the installation and who is financially responsible to pay the relocation costs.
Mr. Dahlstrom then provided historical information about the water main installation, easement and residential development. He stated that garage was built in 1992 prior to ownership of Mr. Patarak who purchased the property in 1998. He stated that Mr. Patarak provided the District with real estate disclosure information from the previous owner that cites that there is a “derelict” water pipe under the garage area. He indicated that the disclosure also stated that District representatives visited the site on two occasions and reassured the contractor that the pipe was derelict during the construction of the garage. Mr. Patarak stated that in his investigation of the garage construction, he made contact with Mr. Doug Sandvig, the general contractor for the construction of the garage. He indicated that Mr. Sandvig confirmed the disclosure statement about the water lines. Mr. Patarak stated that it was his opinion that Mr. Sandvig who is currently employed by the City of Johnston, Iowa, as the municipal Building Official is a very credible source. Mr. Dahlstrom stated that staff had researched District archives; however, no records were found related to the property development and garage.
Mr. Dahlstrom stated that the District was never notified by the County of the garage construction and that it has been the past practice of the County to bypass notifying the District when a permit was submitted if the project did not necessitate water service, which was the case with Mr. Patarak’s garage.
The Board concluded after reviewing all details of the situation that the District would pay for the costs for the mainline relocation. Mr. Dahlstrom stated that the District Field crew would perform the work in order to reduce costs.
Mr. Patarak submitted a list of 12 items that would be damaged or impacted on his property, associated with the main relocation. The Board discussed the list and stated that there are items listed that the District was not responsible for replacing or repairing. Mr. Patarak stated that list was intended to provide an outline for discussion points between him and Mr. Dahlstrom regarding the project. Mr. Dahlstrom indicated that District’s Easement would dictate specifically what the District would be responsible for repairing or replacing. The Board members each voiced their opinions regarding the list and the replacement of the mainline on Mr. Patarak’s property. Mr. Dahlstrom stated that with the District field staff performing the work to relocate the mainline; this would ensure that the best approach would be used to have the least impact on the property. He clarified the District’s policy regarding replacements/restorations that are required when work is done at any location.
Mr. Dahlstrom recommends approval of the new alignment of the mainline at the District’s expense and authorization to work with Mr. Patarak to clarify the list of responsibility.
After a lengthy discussion, it was MOVED by Trustee Loudon, seconded by Trustee Poor and carried by 4-1-0 vote, Trustee Bettencourt voted no, that the Board approve the recommended action to relocate the 6-inch water mainline within the District’s easement as illustrated on the on the map provided, relocate the service connection and meter serving the Patarak property within the easement all at the District’s expense, as well as having a release of liability for the abandoned line signed by Mr. Patarak, and authorize the General Manager to work with Mr. Patarak to clarify the list of responsibility.
The Board thanked Mr. Patarak for his patience and cooperation with this situation.
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 to 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 a 12-inch pipeline rather than the 8-inch as previously submitted by Wallace Associates. He stated that he would be sending a letter to the Band with the revised requirements.
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. Mr. Dahlstrom also mentioned that staff would work on the easement acquisition once all the projects are deemed complete.
b) Via Juana Road Widening Project
Mr. Dahlstrom stated that this project would not involve a relocation and replacement of the water main in the Via Juana/Cabrillo area because it only involves pavement overlay. He stated that all of the District’s surface structures have been identified and we are awaiting information regarding the density of the road base that the Band will installed for this road.
c) Santa Cota Road Storm Drain Project
Mr. Dahlstrom reported that this project involves installation of a new storm drain system at certain locations on Santa Cota Road and Kalawa Shaq. At the request of the District, the contractor potholed the drop inlet locations in relation to the District water mains. On Kalawa Shaq, the DI’s would interfere with the water main and comments were provided to set back the DI’s and maintain a specified clearance. The revised plans addressed all of the District’s comments and issues related to interference with the water main.
2. Santa Ynez Community Services District
a) Main Line Extension – 1070 Faraday
Mr. Dahlstrom stated that Mr. Bob Hyland has performed the road cut and the field crew potholed the interconnection location to verify depth and location of the existing main. He indicated that materials will be ordered for the mainline extension and an encroachment permit was submitted to the County.
b) Faraday Road Sewer Extension
Mr. Dahlstrom stated that the Board packet included a letter dated January 17, 2008 from the SYCSD requesting the District participates in the costs associated with the construction of the Faraday Road sewer extension in an amount of $7,372.89. He indicated that this sewer line would potentially only serve the District’s back parcel on Madera Street but it would be premature to consider any utility service given the abandonment process. The Board briefly discussed the request and concluded they were not interested and no action was necessary.
3. Dunn School – 2555 W. Highway 154, Los Olivos
Mr. Dahlstrom stated that the Board packet included a January 30, 2008 letter to Mr. Munger regarding the requirements for the mainline extension at Dunn School in order to expedite the project as directed by the Board at the last meeting. He stated that Mr. Munger had recently stopped by the District office looking for the agreement and was concerned that the District will require further conditions.
Mr. Dahlstrom stated that he is still concerned that the District has no surety that Phase 2 of the project will be completed within three years (by 2011). The Board discussed several options and the possible actions that could be taken if Dunn School did not complete Phase 2 as required. Mr. Kvistad discussed the legal remedy the District could take and suggested that Dunn provide a two step bond and that a Memo of Understanding (MOU) could be drafted to accommodate this type of proposal.
The Board provided their comments and concluded that a MOU should be prepared addressing the surety for each phase of the project that must be provided, that all easements must be secured in Phase 1 for both Phase 1 and Phase 2, and that no “can and will serve” letter will be issued or new water service will be provided until Phase 2 is complete.
It was MOVED by Trustee Loudon, seconded by Trustee Bettencourt and carried by a 4-0-1 vote, Trustee Poor abstained, to authorize legal counsel to prepare a Memorandum of Understanding to be signed by the Board President for Dunn School main extension regarding the surety for Phase 1 and Phase 2 of the project and the additional conclusions as stated.
4. Coffin Water Main Line Extension – Parcel Map 14,598
Mr. Dahlstrom stated that Mr. Richard Coffin was present for the meeting and welcomed him. Mr. Dahlstrom stated that the Board packet included a February 8, 2008 letter to Mr. & Mrs. Coffin discussing the requirements for the mainline extension for parcel 2 of the Parcel map 14,598. Mr. Dahlstrom provided a summary of the main extension project history dating back to 2005, the main extension agreement being signed by the applicant in February 2006, inactivity of the process until February 5th, 2008 and the recent request by Mr. Coffin to move forward with the project. Mr. Dahlstrom also reminded the Board that the main would be upsized from an 8-inch pipeline as required to a 12-inch line with the District picking up the cost difference. He also stated that the plans included 2-inch water service and meter as well as a 4-inch service only and if there were any changes to this previously approved plan, it would require revisions and Board action which would need to be considered at a future meeting. Mr. Coffin requested that the meter not be included until after the main line was completed. The Board discussed the request and concluded that the water meter is inclusive of the main extension approval.
Mr. Dahlstrom stated that according to the letter the applicant (Mr. Coffin) must provide a surety in the amount of $130,517.14 prior to any further action by the District. He also mentioned that an encroachment permit must be obtained through the Central Coast Water Authority since the water main extension would encroach over the CCWA easement and transmission main. Mr. Dahlstrom stated that no action was needed by the Board at this time. More information will be provided as it becomes available.
5. McComb Water Main Line Extension – APN 139-040-038 -2245 Coyote Creek
Mr. Dahlstrom stated that Mr. Jerry McComb was present for the meeting and welcomed him. Mr. Dahlstrom stated that the Board packet included the water mainline extension application submitted by Mr. McComb and a map of the proposed lot split. He stated that the map provides a conceptual proposal for the mainline extension on the parcel located at 2245 Coyote Creek Road.
Mr. Dahlstrom explained that this proposed main extension would connect to an existing 8-inch main to the south of the property and extend northerly in a public utility easement to end of the property. Although the pipeline would dead end because the applicant is not responsible for extending the main on others property, the District would then complete the loop using a PUE and connect it to the 12-inch main on old Alamo Pintado road. Mr. Dahlstrom also stated that the cost of this main could have been shared by the adjacent property owner, Mr. Alexander, when that parcel split, but the District was not notified by the county when that lot split occurred.
He stated that staff would review the plans and provide comments back to Mr. McComb and his engineer. Mr. Dahlstrom stated that based on the proposal submitted he would recommend his approval of the conceptual proposed alignment of the mainline extension.
It was MOVED by Trustee Poor, seconded by Trustee Clay, and carried by a 4-0-0 vote, Trustee Loudon abstained to approve the conceptual alignment of the mainline extension for 2245 Coyote Creek Road.
IX. REPORT, DISCUSSION AND POSSIBLE BOARD ACTION ON THE FOLLOWING SUBJECTS:
