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, July 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
Bob Field Rolf Richter
Doug Herthel Robert Perry
AJ Lacerte Dominique Lacerte
I. Call to Order
President Burchardi called the meeting to order at 5:30 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.
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 Special Meeting Minutes of June 19, 2008
The Minutes of the Special Meeting of June 19, 2008 were presented for Board consideration. President Burchardi requested minor corrections. It was Moved by Trustee Bettencourt, seconded by Trustee Loudon, and carried by a 4-0-1-voice vote to approve the Special Meeting Minutes as corrected.
IV. Additions or Corrections, if any, to the Agenda
Mr. Dahlstrom stated that there were no additions or corrections to the agenda.
V. Public Comment
President Burchardi noted that there were attendees present from the public. No public comment was provided during this agenda item.
Bob Field, Rolf Richter, Doug Herthel, AJ & Dominique Lacerte, were here for Item VIII.H – District Reorganization-AB2686. Mr. Robert Perry was present for the meeting.
VI. Consent Agenda
Trustee Loudon Moved the Consent Agenda items be approved as presented; the motion was seconded by Trustee Bettencourt and carried by a 4-0-1-voice vote.
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 exceeds the expenses by $181,321.52. He also indicated that un-audited year end operating revenues will likely exceed expenditures by $1,900,068. However, he indicated that excess operating revenues are used as addition to reserves to offset capital costs such as the meter replacement project, and special studies such as the ESA fish projects with CCRB. Mr. Dahlstrom stated that the auditors will be here this week to begin the audit process. He stated the LAIF account balance was $6,678,754.19 as of June 30, 2008.
a) Review of Investment Policy
Mr. Dahlstrom stated that the Board packet included the District’s Investment Policy adopted by Resolution No. 455 on July 16, 1996. He explained that management reviews the policy annually and that revisions are recommended as needed and considered for approval by the Board. After a brief discussion regarding the current investment accounts of LAIF and RaboBank MMI (formerly known as MidStateBank), it was recommendation not to modify the policy as presented by the General Manager.
It was Moved by Trustee Bettencourt, seconded by Trustee Loudon and carried by a 4-0-1 voice vote to approve the current investment policy as presented.
2. Personnel Policy
a) Resolution No. 660: A Resolution of the Board of Trustees of the Santa Ynez River Water Conservation District, Improvement District No. 1 Amending Appendix A Salary Range and Job Descriptions to reflect FY2008/09 Cost of Living Adjustment
Mr. Dahlstrom stated that Resolution No. 660 amends the Personnel Policy Manual Appendix “A” to reflect the cost of living adjustment approved by the Board in June, presented in the FY2008-2009 Final Budget. This amendment is a procedural action and is done on a yearly basis after the fiscal year budget is adopted. The FY2008/09 Appendix “A” reflects a 4.14% cost of living adjustment and 2.5% step increases based on employee evaluations and qualified performance. Merit increases are defined and handled differently in the Personnel Policy Manual and require action by the Board. Mr. Dahlstrom recommends approval of Resolution No. 660.
It was Moved by Trustee Loudon, seconded by Trustee Bettencourt, and carried by a 4-0-1-voice vote to adopt Resolution No. 660:
The Resolution was adopted by the following roll call vote:
AYES, Trustees: Harlan Burchardi
Lee Bettencourt
Jeff Clay
Matthew Loudon
NOES, Trustees: None
ABSENT, Trustees: Harry Poor
b) 1.9.3.H – Recommendation to Award Merit Increase
Mr. Dahlstrom stated that the Board packet included a staff report regarding an award of special performance merit increase for Mr. Eric Tambini. He stated that based on performance and his meritorious actions it is requested that Mr. Eric Tambini, District Hydrogeologist, be considered for a special performance merit increase as described in the staff report. The Board discussed evaluating staff salary levels and a salary comparison to other agencies for the future.
It was Moved by Trustee Loudon, seconded by Trustee Clay and carried by a 4-0-1 voice vote to award a special performance increase equivalent to a 2.5% salary step increase applicable to his monthly salary effective July 1, 2008.
3. 2007 Consumer Confidence Report
Mr. Dahlstrom stated that the Board packet included the District’s 2007 Consumer Confidence Report (formerly called the annual water quality report) required by the California Department of Public Health Services. He stated that all of the District’s customers and the City of Solvang received the report prior to the June 30th deadline. Mr. Dahlstrom stated that Mr. Eric Tambini prepared the report. He stated that the overall quality meets and exceeds primary state reporting and action level standards.
4. Building & Security Improvements
a) Meadowlark Security Fence
Mr. Dahlstrom stated that Caldera Fence Company has completed the fence at Meadowlark. He stated the fence is a standard six-foot fence with inserted slats and three-strand barbed wire top. He stated that shrubs will be planted to mask the fence on the Meadowlark Road side.
b) District Office Vandalism – Security Fence
Mr. Dahlstrom stated that the grass area behind the office is continuously vandalized and a recently broken sprinkler needed repair due to a person on a motorcycle. Mr. Dahlstrom stated that Jim Morril saw the individual over the weekend while conducting his on-call rounds. Mr. Dahlstrom stated that Ms. Martone reported the incident to the Sheriff’s office. He stated that we are considering a security fence for the perimeter of the office property and will be asking for cost quotes.
B. District Operations & Maintenance
1. 2005 Flood Emergency (FEMA-1577-DR-CA)
Mr. Dahlstrom stated that the board packet included a June 10, 2008 notification of payment letter for FEMA project 1577 and a July 3, 2008 letter from OES approving the relocation of Well #28 to the Baseline Road site.
a) Upland Well #24 Construction Project (Tejas Canyon)
Mr. Dahlstrom stated the transformer is not yet installed, the electrical sub-panel work is complete, the shade structure was installed today and we are awaiting PG&E. He also stated that the pump & motor was ordered by Layne-Christensen.
b) Upland Well #25 Drilling & Construction (Figueroa Mtn. Road)
Mr. Dahlstrom stated that the fence is in the process of being constructed, the transformer is in place and that we are expecting a PG&E inspection within two weeks.
c) Upland Well #27 Drilling & Construction Project (Hwy 154/Royal Oaks)
Mr. Dahlstrom reported that the chlorination unit is installed and must be tested, upon completion of the testing, the well can be activated.
d) Well #28 – Drilling & Construction Project
Mr. Dahlstrom stated that drilling work commenced on June 18th and that the pilot hole is at 940’ as of today. He stated that the contractor, Bakersfield Well and Pump, was installing the gravel/filter pack. He stated that more information would be provided at the August meeting.
1. Change Order #1, #2 and #3 – Hanly General Engineering, Corp.
Mr. Dahlstrom stated that the Board packet included Change Order #1 in the amount of $3,016, Change Order #2 in the amount of $24,219, and Change Order #3 in the amount of $4,688 for Hanly General Engineering Corp. Mr. Dahlstrom stated that all three of the change orders were additional work necessary and recommended by the District engineer related to the additional temporary holding ponds for pump test water. Mr. Dahlstrom recommended ratification by the Board of all three change orders in the amounts stated.
It was Moved by Trustee Bettencourt, seconded by Trustee Loudon and carried by a 4-0-1-voice vote to ratify the General Manager’s approval of Change Order #1, #2, and #3 for the well site grading project.
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 reported that at the June meeting the Board authorized the General Manager to return the surety amounts of $81,965.84 and $144,090.16 totaling $226,056 to the Band for the completed Tribal Hall/Medical Center main and Edison Main. He stated that the surety has been returned to the band. He stated the remaining surety related to the Sanja Cota main replacement project Phase 1 & 2 was retained for the completion of Phase 2 Pasquala to Wonanee.
Mr. Dahlstrom stated that the Reach B portion of the project relates to Ortega to Cabrillo otherwise known as Wononee main. He stated that the Band is disagreeing with the requirement to upsize the main at this time, although he feels that an agreement will be made with the Band soon regarding this issue.
Mr. Dahlstrom stated that Reach C, phase 2 of the Santa Cota Main replacement is essentially complete at this time with the one exception of the 6-inch water main line connected to Lateral 1-1 at the Pace property that needs to be removed and capped. There has been no response from the Band regarding this item.
Mr. Dahlstrom stated that the easements would be acquired upon completion of all the projects rather than on a piecemeal basis.
b) Via Juana Road Widening Project
Mr. Dahlstrom stated that there was no new information to report.
c) Santa Cota Road Storm Drain Project
Mr. Dahlstrom stated that the storm drain is installed and complete and the District facilities were unaffected.
d) Fourth Amended Water Main Installation and Temporary Service Agreement
Mr. Dahlstrom stated that based on the current workload he and Mr. Kvistad were unable to complete the review of the Fourth Amended Agreement and requests tabling this item to the August meeting.
e) Lateral 1-1 Easement
Mr. Dahlstrom stated that the Board packet included the Lateral 1-1 easement information provided to the District by Mr. Sam Cohen. Mr. Dahlstrom stated that he and Mr. Kvistad would be reviewing the documentation and a recommendation would be brought back to the Board for further discussion and action.
2. Santa Ynez Community Services District
a) Main Line Extension – 1070 Faraday
Mr. Dahlstrom stated that the Notice of Completion for the SYCSD mainline extension was filed last month. He stated that the water service was installed today. He stated that he expects the dedication of the facilities would be presented for Board consideration to accept at the August meeting.
3. Dunn School – 2555 W. Highway 154, Los Olivos
Mr. Dahlstrom stated that the notice of completion was filed for Phase 1 and that staff is reviewing the plans for Phase 2.
4. Coffin Water Main Line Extension – Parcel Map 14,598
Mr. Dahlstrom stated that this project is on-hold at this time. He reported last month that the project was on hold and that the property was in escrow at the time. Mr. Dahlstrom reported the property has been sold and that he and legal counsel would be reviewing the agreement and amendment signed by Mr. & Mrs. Coffin. A report will be provided at the August meeting.
5. McComb Water Main Line Extension – APN 139-040-038; 2245 Coyote Creek
Mr. Dahlstrom stated that the Board packet included the Notice of Completion for the McComb water mainline extension project. He stated that he expects the dedication of facilities would be provided for the August meeting for consideration by the Board.
6. 2760 Lucca Avenue – Main Line Relocation
Mr. Dahlstrom stated that the mainline relocation work is complete and that the notice of completion was filed in July. He stated that Mr. Bob Hyland and the field crew did a great job and he expressed his appreciation. He stated that the property owner was also pleased with the job. Mr. Dahlstrom explained that the old line must be abandoned and the release of liability documentation needs to be completed.
VIII. Report, Discussion and Possible Board Action on the following subjects:
A. Cachuma Conservation Release Board
1. Report on Board Meeting
Mr. Dahlstrom stated that the Board packet included the June 23, 2008 CCRB agenda. Mr. Dahlstrom stated Mr. Loudon attended the meeting and he participated by phone as he was on his way to Sacramento. He stated that the most notable item was the FY07/08 Budget Adjustment and the co-mingling of COMB and CCRB funds. It was also explained that CEQA documents were approved with participation without notice or participation by ID#1. The Board members discussed the bidding requirements, and CCRB’s approval process. Mr. Dahlstrom mentioned that a budget committee was appointed by CCRB which includes Ms. Rees and Jan Abel, and inviting Trustee Loudon and Trustee Bettencourt to attend a meeting to discuss the CCRB costs.
2. Fish Enhancement Projects
Mr. Dahlstrom stated that the Board packet included current correspondence relating to the Fish Enhancement projects. He stated that the Board directed him to inquire about the proposed fish enhancement projects that are outside the scope of the Biological Opinion. He stated that according to the supporting documentation, received from Ms. Rees, there seems to be conflicting information submitted to our Board.
He then presented an example, he stated that the Quiota Creek Fish Passage Improvements project was submitted and agreed upon without ID#1’s approval, including right-of-entry agreements have been executed and signed by Tim Robinson and landowners for the project. He explained the costs associated with the project are at $577,000. Again, ID No. 1 was not included in the agreement process that we are now contractually bound. Mr. Dahlstrom stated that these agreements were signed without our knowledge and completed as of May 8, 2008. He stated that Mr. Tim Robinson is not an authorized signatory for ID#1.
The Board members expressed their concerns and concluded that CCRB should be held accountable for their actions and that the agreement must be rescinded. Mr. Dahlstrom stated that more information would be provided as it becomes available.
3. Joint Agency Restructuring
Mr. Dahlstrom stated that once again we are addressing a restructuring of CCRB, COMB and ID#1. He stated that there was a meeting on July 9, 2008 held here at the ID#1 office which included President Burchardi and Trustee Loudon, to discuss the proposed restructuring. He provided a summary of the committee discussions, such as priority of projects, the Biological Opinion requirements, fish issues, staffing and numerous others. The Board members also expressed their perspective of the meeting including that the south coast representatives desired to downsize COMB and then add the fish process to COMB. Mr. Dahlstrom stated no resolution was made by the committee. The Board members stated that CCWA should take on COMB as a natural extension of CCWA’s responsibilities and create a separate fish agency located in the Valley where all the activities are occurring. Further information will be provided as it becomes available.
B. Cachuma Operations and Maintenance Board
1. Report on Board Meeting
Mr. Dahlstrom stated that Board packet included the June 23, 2008 COMB Meeting agenda. Mr. Dahlstrom stated that the Board packet included several items relating to fish enhancement projects which were discussed at COMB rather than at CCRB. He stated these items, such as fish projects environmental review, are CCRB and ID#1 items not COMB. Mr. Dahlstrom summarized the topics discussed at the meeting. He stated the most notable item was the proposed use of unexpended funds from FY2006/07 and FY2007/08 for Fish Conservation Surcharge Fish Analysis and Development of Surcharge Operational Protocols, he explained funds cannot be transferred from budget year to budget year and it is inappropriate to co-mingle funding of two separate agencies.
Mr. Dahlstrom stated that a special meeting was scheduled for July 21, 2008 regarding the Quagga Mussel. He stated that no decision was made regarding the cost share proposal of preventative measures for the quagga mussel at the last meeting. He also mentioned there was a special COMB meeting scheduled to discuss the Quagga mussel. He would provide further information at the August meeting.
C. Santa Barbara County
1. Madera Street Abandonment
Mr. Dahlstrom stated that there was no new information regarding the abandonment at this time.
2. Santa Ynez Valley Community Plan/Housing Element
Mr. Dahlstrom stated that the Notice of Availability and of public hearing on the draft environmental impact report for the proposed Santa Ynez Valley Community Plan was held July 9, 2008. He stated that he and President Burchardi attended the meeting and that the District provided verbal comment, similar to those comments in past. He reported that the comment period has now been extended. He also mentioned that the Board packet included a Notice of Preparation for the Housing Element Focused Rezone Program Environmental Impact Report release date of June 27, 2008. He stated that this is another item for staff to follow. He stated that he would provide further information when it becomes available.
3. Cloudseeding Program 2008/2009
Mr. Dahlstrom stated that the board packet included a June 16, 2008 letter from SB County Public Works Department regarding the Cloudseeding program for 2008/09. He stated the District’s proportionate share is $2,447. The Board discussed the District’s participation and inquired about other non-participating agencies that will reap the benefits of the program. Mr. Dahlstrom recommends participating in the program for the amount indicated.
It was Moved by Trustee Loudon, seconded by Trustee Bettencourt and carried by a 4-0-1 voice vote to authorize the General Manager to notify the County of the District’s participation in the 2008/2009 Cloudseeding Program.
D. Santa Ynez River – State Water Resources Control Board
1. WR Order 94-5/Cachuma Project Permit DEIR
Mr. Dahlstrom stated that there is no new information from the SWB relating to the State Board proceedings or a decision on the status of the RDEIR.
E. Cachuma Project
1. Water Supply
Mr. Dahlstrom stated that the Board packet included a July 3, 2008 letter from the Bureau of Reclamation identifying the Project Water Schedule for the 2008/09 Water Year. He stated that every year the request is submitted for each of the five member units. He stated that each year the District submits for its full allocation of the operational yield which is 2,651 acre feet.
2. U.S. Bureau of Reclamation Activities Report
Mr. Dahlstrom stated that Mr. Don Glaser has been named the Regional Director of the Bureau of Reclamation’s Mid-Pacific Region. He also mentioned that Ms. Cheryl Carter our contracts administrator in the USBR Fresno office is moving to a new division, she is transferring to the Lands Division. Mr. Dahlstrom stated that Ms. Carter has been a tremendous asset to the Bureau’s Contracts Division and will be missed.
3. National Marine Fisheries Steelhead Recovery Plan
Mr. Dahlstrom stated that there was no new information to report on this item.
4. Cachuma Lake Oak Tree Restoration Program
Mr. Dahlstrom stated that Melinda Fournier has done a great job and that the project is on schedule.
5. Lake Cachuma Recreation – Quagga Mussel
Mr. Dahlstrom stated that this item was discussed under COMB.
F. State Water Project
1. Drought Emergency – Water Sales to other Agencies
Mr. Dahlstrom stated that last month the Governor announced that California is officially in a drought. Mr. Dahlstrom provided some statistical information relating to reservoir storages at Lake Oroville and San Luis and stated that this is the third driest year in history. He stated that current SWP participants a experiencing a 35% allocation this year and pending the Wanger 2 decision the SWP and USBR water supplies could be further reduced next year.
Mr. Dahlstrom stated that Montecito Water District is in dire need of water and has asked the District for water. Mr. Dahlstrom stated that staff is evaluating the possibility of providing emergency water for this year from its gallery well source but that legal counsel is still evaluating the terms of the license. Mr. Dahlstrom stated that before any water is sold/transferred we must make sure there is no possible risk to our District. Mr. Dahlstrom stated that we must keep our supply whole, ready and available to serve our customers now and in the future. He said he would provide the Board an update and what source may be made available at the next meeting.
2. San Luis Obispo Dry Year Program
a) City of Solvang Request for Water
Mr. Dahlstrom stated that the City of Solvang has requested to participate in the San Luis Obispo Dry Year Program; and that a June 10, 2008 letter from the City was included for reference in the Board packet. He stated that the City of Solvang is requesting 600 AF. Mr. Dahlstrom stated that he would present the draft agreement for review and action at the August meeting.
G. City of Solvang
1. Proposed 5.0 CFS Well Field Project
Mr. Dahlstrom stated that Mr. Kvistad, the District’s legal counsel, has draft outline prepared and that he would work with the City representatives to finalize the document. He stated that a draft would be presented at the August meeting for review and action.
H. District Reorganization – Assembly Bill 2686
1. Update on Bill Status
Mr. Dahlstrom reported that the Board of Supervisors met on July 15, 2008 and discussed AB2686 on their agenda. He stated that he and Mr. Amerikaner, Mr. Kvistad, Ms. Barnhill (all from Brownstien Hyatt Farber & Schreck), Mr. Bruce Wales, Mr. Bob Braitman, President Burchardi were present for the Board of Supervisors meeting. He also reported that Rick Battles, legal counsel for SYCSD was there as well.
Mr. Dahlstrom stated that the Supervisors discussed the bill, its current status, and it’s content. He stated that the Board of Supervisors hired special water counsel to review the bill’s content and that the County’s special counsel determined that the bill, is what it appears to be, with ID#1 having the same powers and authority currently held, with the exception of the added replenishment act. He stated that the Board of Supervisors all commented on the bill and determined that they would take a neutral position on the bill and communicate with Assemblyman Nava’s office to proceed “as he sees fit” regarding Assembly Bill 2686. He stated that Mr. Rick Battles, legal counsel for SYCSD, was provided time to speak; the SYCSD is still opposing the bill and he provided comment relating to the conflict of sewer powers. Mr. Dahlstrom reiterated that District staff and Legal Counsel have been working with Mr. Braitman, the LAFCO executive director and County Counsel, State Legislative Counsel, and others relating to the reorganization through AB2686 since early January.
Mr. Dahlstrom then pointed out that a map of the District boundaries was posted for informational purposes. He also explained that the bill is available on the internet, the process has been on our agenda since January and that a letter has been sent to all District customers explaining the bill which is posted on our website. Mr. Dahlstrom continued that we have worked closely with our neighboring agencies, and have received numerous support letters regarding AB2686. He stated that the letter also stated that if anyone has questions concerning the bill to please call our office. He stated we have full support from the Parent District, as well as LAFCO, the City of Solvang, and others, so far the only opposition we have received is from the Santa Ynez Community Services District which was related specially to the ID No.1’s existing sewer authority.
Mr. Dahlstrom stated that he has received at least six calls regarding the bill this week and that most of the calls were from people outside District boundaries. Mr. Dahlstrom stated that we have also responded to the comment letter received from Mr. Frank Blundo, legal counsel, and Officer and Director of the Santa Ynez Rancho Estates Mutual Water Company.
Mr. Dahlstrom stated that Pedro Nava announced this week he has put a temporary hold on the bill to provide time for the community to get further information on the bill. Mr. Dahlstrom concluded his update report on the bill and asked if the Board had any further questions.
He stated that several members of the public were here tonight to ask questions regarding the bill. President Burchardi welcomed the public and offered time for any one present to ask questions.
President Burchardi opened the floor to Mr. Bob Field and was provided as much time as he needed to ask his questions. Mr. Field addressed the Board and stated that he was the guy who wrote the OpEd piece included in both of the Santa Ynez papers. He also stated that he is suspicious of all governmental agencies and asked the Board if the report given at tonight’s meeting would be given at a public forum meeting. He stated that he thinks the public deserves to have a public hearing on the bill, which would provide time for questions and comments on the bill. Mr. Field then commented on the expansion of boundaries, agricultural water users, the Brown Act, and that the mutual water companies were not contacted about the bill. He also spoke about recharge, the District’s claim on the aquifer and water rights of others, as well as not providing information as he requested as well as sewer expansion. When asked for specific questions, Mr. Field asked that a public meeting be held so they could be addressed. Each member of the Board responded to Mr. Field’s comments and explained that numerous open, public meetings regarding this bill have been held.
The floor was then given to Mr. Doug Herthel, who was provided time to ask his questions and comments regarding Nava holding the bill for community questions to be answered. Mr. Herthel comments reflected the need to understand the bill, have a public forum to discuss the bill, and allow the public access. He also was concerned about controls imposed by Sacramento that may be placed on the local supplies and water rights. Trustee Bettencourt asked Mr. Herthel if he has requested any of his questions to be answered in writing to our board, to which he responded no. Mr. Herthel again requested the board to hold a public meeting to address the public concerns.
President Burchardi stated that this District has held 22 meetings to date that discussed the bill, LAFCO has held numerous public meetings about the efforts to reorganize ID#1, the County of Santa Barbara, Santa Ynez Community Services District as well as the City of Solvang have had meetings regarding the bill and that we are not required to hold a public town hall meeting.
Mr. Dahlstrom reiterated that Assemblyman Pedro Nava has introduced AB2686 on behalf of ID No.1 and to date it has passed the Assembly Local Government Committee, the Committee for Water, Parks and Wildlife, the Assembly as well as the Senate Local Government Committee. He explained the purpose and need for the bill was to reorganize the District for a number of reasons. The most important and significant reason is to resolve a long-standing issue with SB LAFCO. He stated that SYRWCD, ID No.1 currently is not subject to LAFCO jurisdiction; ID No.1 can exercise any of its broad existing powers under the Water Conservation Act law, which this District was formed and can do so independently. Mr. Dahlstrom explained that currently if a property owner wished to annex into the District, the request must be made by ID No.1 to SYRWCD (Parent District) for approval. The Parent District is then subject to the LAFCO process if the annexation is not within the Parent District boundary. Mr. Dahlstrom stated that our last annexation was in 1995 which was a two-acre parcel owned by the Schley family and in 1985 the last large parcel annexed was the Santa Barbara County Park at Cachuma. He stated that there have been no annexations since then.
He further explained that LAFCO and the ID#1 Board and staff have had several meeting discussions over the past two years about ID No.1 not being subject to LAFCO and at one point we were facing litigation. He continued to explain that to avoid any lawsuit with LAFCO, the Board determined the need to reorganize ID No.1 to comply with LAFCO’s jurisdiction through legislation as advised by legal counsel and by changing the water code. He explained that we first evaluated amending the Water Conservation District code; however that could create problems for other agencies. Mr. Dahlstrom stated that rather than change the existing Water Conservation Act code, it was recommended by Legislative Counsel at the state level to create a new section in the water code for the Santa Ynez Valley Water District. He stated we would remain a unique entity with all the current powers and authority we currently have as SYRWCD, ID No.1. The change would resolve the longstanding dispute by placing the District under jurisdiction of LAFCO. He stated that the new agency would have an enhanced replenishment ability, which means we can store excess water and inject it back into the groundwater basin for replenishment purposes. He stated that most water districts have this capability. He continued to explain that all other powers and authority would remain unchanged relating to water, sewer, rates, debt, staff and Trustees. He stated that the change would be effective January 1, 2009.
Mr. Herthel and Mr. Field commented that the bill has been fast tracked through the legislature.
Mr. Dahstrom stated that AB2686 has followed the traditional procedures for approval of legislation. The bill was introduced nearly six months ago. He stated that over the past six months, the bill was heard in four separate state legislative committees, where it has received support from SYRWCD, LAFCO, Solvang and the Association of California Water Agencies. He further explained that AB2686 does not expand ID#1’s boundaries, it does not change the services ID#1’s customers receive nor does it create a new level of government. He stated it simply replaces one special district with a new special district to better serve the public. He stated that we have satisfied the public noticing requirements and that no special public town hall meeting is required. He stated that LAFCO would be providing a legislative update on their agenda August 7, 2008. He also stated that the Senate has not yet scheduled a date to re-address the bill.
Mr. Herthel stated he was very disappointed that the Board will not be holding a public meeting to discuss this bill further and left the meeting. Mr. Field thanked the board and left the meeting.
Mr. Dahlstrom asked the remaining guests if they had any further questions, they stated no and left.
Mr. Dahlstrom stated that the board packet and handout materials included the current correspondence and the Board of Supervisors staff reports relating to AB2686. He stated that LAFCO would be discussing the bill on August 7, 2008 and that he would be attending the meeting.
Mr. Dahlstrom also mentioned that he had an OpEd article that would be included in the July 17, 2008 edition of the Santa Ynez Valley News and the Santa Ynez Valley Journal providing clarifications to questions raised about AB2686. He stated that more information would be provided as it becomes available.
IX. Reports, Action by the Board Members or Staff, Questions of Staff, Status Reports, Announcements, Committee Reports, Observations and other Matters and/or Communications not requiring action
Mr. Dahlstrom stated that the Candidate Filing Period opens July 14, 2008 and closes at 5:00 p.m. August 8, 2008.
Mr. Dahlstrom reported that Mr. Kevin Walsh, Goleta Water District’s General Manager has announced his retirement. He stated that will be leaving October 1, 2008 and that he will be missed.
Trustee Bettencourt reported that the Cachuma Resource Conservation District has hired a few new engineers and that they are implementing new programs. He stated that they are field testing for nitrates and that the farmers are reducing the amount of fertilizer on their crops.
Mr. Dahlstrom stated that the board packet included the current newsletter from Family Farm Alliance.
X. Approval of Accounts Payable
Mr. Dahlstrom presented the Warrant List for Board approval. The Warrant List covered warrants 11580 through 11737, for the time period June 20, 2008 through July 15, 2008 in the amount of $386,931.58. Trustee Loudon Moved to approve the warrant list as presented. Trustee Bettencourt seconded the motion and it was carried by a 4-0-1-voice vote.
XI. Requests from Board of Trustees for items to be included on the next Regular Meeting Agenda
There were no requests from the Board.
XII. Correspondence: General Manager/Secretary Recommends the items marked with an asterisk (*) for file
The correspondence list was reviewed and discussed.
XIII. Next Regular Meeting of the Board of Trustees
Mr. Dahlstrom stated that the next Regular meeting of the Board is scheduled for Tuesday, August 19, 2008.
XIV. Closed Session
A. Conference with Legal Counsel - Existing Litigation
[Subdivision (a) of Section 54956.9 of the Government Code]
1. Name of Case: Adjudicatory proceedings pending before the State Water Resources Control Board regarding Permits 11308 and 11310 issued on Applications 11331 and 11332 to the United States Bureau of Reclamation and complaints filed by the California Sport Fishing Protection Alliance regarding the operating of the Cachuma Project and State Board Orders WR73-37, 89-18 and 94-5; and proposed changes to the place of use of waters obtained through aforementioned permits for the Cachuma Project
B. Conference with Legal Counsel – Anticipated Litigation
[Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code – three cases]
The Board determined there was no need for closed session.
XV. Adjournment
Being no further business, it was Moved by Trustee Loudon, seconded by Trustee Clay to adjourn the meeting at 8:51 p.m. The motion carried by a 4-0-1-voice vote.
The July 15, 2008 Regular Minutes were approved at the August 19, 2008 Meeting.
