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, September 18, 2007.
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
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 Bettencourt arrived at 5:35 pm, Trustee Loudon arrived at 5:45pm.
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 August 21, 2007
The Minutes of the Regular Meeting of August 21, 2007 were presented for Board consideration. It was MOVED by Trustee Poor, seconded by Trustee Bettencourt, and carried by a 4-0-1 voice vote to approve the Regular Meeting Minutes with Trustee Loudon not present.
IV. Additions, if any, to the agenda
There were no additions 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.
VI. Consent Agenda
President Burchardi pulled CA-1 for discussion purposes only; Mr. Dahlstrom pulled CA-3.
Trustee Poor MOVED the Consent Agenda items are approved as presented with the exception of CA-1 and CA-3, the motion was seconded by Trustee Bettencourt and carried by a 5-0 vote.
Mr. Dahlstrom stated that the Consent Agenda Report needed to be corrected, on page one of the report, paragraph two should state that the “overall, there was slightly less than average use for rural residential and agricultural use and above average water use for the Domestic customers”.
President Burchardi mentioned that on page two of the report that Mr. Bill Brennan stated that further reductions may occur in the future with as much as 1.2 MAF, along with competition with USBR and other diverters.
After a brief discussion, it was MOVED by Trustee Bettencourt, seconded by Trustee Poor and carried by a unanimous voice vote to approve the consent agenda items CA-1 & CA-3 as corrected.
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 brief review of the current month’s revenue and expenses. He stated that the revenue exceeded expenses by $127,690.51. The month revenues are mainly due to a FEMA reimbursement of $66,509 and reduced expenses for the month. He stated the LAIF account balance was $6,444,340.96 as of August 31, 2007.
2. Website and Electronic Bill Pay
Mr. Dahlstrom reported that the website www.syrwd.org is online as of September 9, 2007. He stated that included in the Board packet was a mailer that was sent out to all customers announcing the website and online bill payments. He also stated that Ms. Mary Martone and Ms. Karen King did a great job coordinating and preparing the site content.
3. 2006-2007 Audit
Mr. Dahlstrom reported that Bartlett, Pringle & Wolf representatives were here the first week of September to begin the field work for the audit, which went very well because of the Quick Book accounting preparation the District has undertaken over the past years. He stated that the auditors worked with Ms Martone and that a draft would be available in early November.
4. Code of Business Standards and Professional Conduct
Mr. Dahlstrom stated that the staff has prepared a draft of the code of business standards and professional conduct for the Backflow Prevention testers/assemblers. He stated it has been reviewed by Mr. Tambini, the Cross-connection Program Administrator and will be forwarded to Mr. Kvistad for review as well. He stated that a final document will be provided to those contractors on the District’s list of approved testers.
5. Integrated Regional Water Management Plan
Mr. Dahlstrom stated that the Board packet included a MOU for the Administration of Santa Barbara Countywide Integrated Regional Water Management Plan and Proposition 50 Round 2/Step 2 Grant Application. He explained that the District will not be involved in the next round or Application process but will continue as a participant in the general Proposition 50/84 activities related to the plan only. However, in order to continue the overall process, the MOU must be signed by all of project proponents and the general participants. He stated that the Final MOU will be included in the October packet for review. He stated more information will provided as it becomes available.
B. District Operations & Maintenance
1. 2005 Flood Emergency (FEMA-1577-DR-CA)
Mr. Dahlstrom reported to the Board that staff will continue to present reimbursement requests to FEMA/OES for project costs the District has incurred and indicated it has taken up to 8 months to receive those reimbursements.
a) Upland Well 24 Construction Project (Tejas Canyon)
Mr. Dahlstrom stated that there are no new updates regarding Well 24 at this time. However, he indicated that the action item, “Award of Contract for Site Preparation and Piping” under this heading was meant for the Upland Well 25 Drilling and Construction Project. The Board recognized the inadvertent error and will take this item under Well 25.
b) Upland Well 25 Drilling & Construction (Figueroa Mtn. Road)
1. Award of Contract for Site Preparation and Piping
Mr. Dahlstrom stated that the Board was provided the bid summary as a handout for the Well 25 site preparation and piping. He stated there were three bid solicitations from Hanly General Engineering Corporation, Sexton Engineering Inc, and R. Baker, Inc. He stated that based on the bid process, Sexton Engineering Inc. is the lowest responsible and responsive bidder with a bid amount of $28,500.
Mr. Dahlstrom stated that based on the bid process he recommends accepting the bid, approving a contract with Sexton Engineering Inc. as the lowest responsible and responsive bidder for the Well 25 site preparation and piping for the Well 25 project.
It was MOVED by Poor, seconded by Trustee Clay and carried by a unanimous voice vote to accept the bid, authorize the General Manager to sign a Notice of Award for Sexton Engineering, Inc. and approve the contract for the Well 25 site preparation and piping project.
2. Execution of Agreement for Bakersfield Well & Pump Company
Mr. Dahlstrom reported that last month the Board approved the bid and Notice of Award for the Well 25 pump and motor purchase and installation for 82,652.00. He stated that the agreement must be executed and asked for authorization sign the agreement.
It was MOVED by Trustee Poor, seconded by Trustee Clay and carried by a unanimous voice vote to authorize the General Manager to sign the agreement with Bakersfield Well and Pump Company.
Mr. Dahlstrom also reported on well 25 corrections conducted by Rottman Drilling Company and stated there was a Change Order #8 signed by the contractor and the District representatives dated September 6, 2007 included in the packet which addressed the additional leakage point detected at 280 feet in the well casing. Mr. Dahlstrom mentioned that this change order addresses swage installation at the leak at 280 feet and clarifies that the contractor Mr. Larry Rottman will perform the removal of the pump assembly and perform a video inspection of the well casing 90-days prior to the expiration of the five (5) year contract guarantee period. The Board concurred with the language in the Change Order.
c) Upland Well 27 Drilling & Construction Project (Hwy 154/Royal Oaks)
Mr. Dahlstrom stated that Phase 1 well head construction and foundation portion of Well 27 is complete. He stated that Hanly Engineering did a good job and asked the Board for authorization to sign and file the Notice of Completion for the phase 1 portion of the project.
It was MOVED by Trustee Loudon, seconded by Trustee Bettencourt and carried by a unanimous voice vote to authorize the General Manager to sign and file the Notice of Completion for the Phase 1 well head construction and foundation work done for Well 27.
2. Distribution System and Water Quality
a) Water Delivery System Hydraulic Capabilities Evaluation
Mr. Dahlstrom stated that staff is still discussing the evaluation prepared by Stetson Engineering and provided a brief report regarding remedies for the systems pressure problems. He reported that the capacity evaluation used AWWA standards as the baseline variables to determine system pressures. Those variables included Maximum day demand, plus fire flow and no power throughout the system. He indicated that this scenario is highly conservative and not likely to occur, however it was used to determine the “worst case” situation. Mr. Dahlstrom further explained that AWWA is the industry standard and most useful in new facilities or replacement projects but not as the regulatory standard which is set by DHS Title 22. Title 22 is the standard that the District must comply with and is established to be reasonable and not as stringent as AWWA. The Title 22 standards are maximum hour, average day demand plus fire flow.
Mr. Dahlstrom stated that staff would further refine the capacity evaluation using the Title 22 regulatory standards rather than the AWWA. Using the new variables, he expects results and the short and long term fixes will be less extensive and therefore less costly than the prior remedies recommended by Stetson Engineers. The Board agreed that the regulatory standards should be used as the basis of the capacity evaluation.
b) DHS Well Permits for Well 25, 26 and 27
Mr. Dahlstrom stated that the Board packet included a September 10, 2007 letter to Department of Public Health regarding our water supply permit. He stated that the letter requests an amendment to our permit to include the three new wells 24, 25 and 27. He stated the letter was filed in advance so that the well water supplies are permitted and available in the event of severe shortages in the SWP deliveries this coming water year.
3. State Water Project – Water Supply
Mr. Dahlstrom stated that the Board packet included a news release dated August 31, 2007 from the State Water Contractors, a brief email regarding the Wanger OCAP Hearing Conclusion and a spreadsheet detailing the comparison of the water costs associated with the proposed remedy actions. Mr. Dahlstrom stated that Judge Wanger made a final decision on August 31, 2007. He stated that Judge Wanger ordered a massive reduction in water supplies from the state’s two larges water delivery systems, the State Water Project and the Central Valley Project, to protect the endangered fish species, the Delta Smelt. He stated that according to the latest information, the District expects to receive 30% of its 2,000 AF of State Water contract allocation. He also reminded the Board that because the SWP contract is with the District and shortages are applied to the contractor, significant reductions will be applied to the City of Solvang. The City’s water supplies are mainly from the SWP deliveries. With these anticipated shortages, the City will then turn to the District as a source of water and we need to be prepared.
He stated this reduction will cause a significant decrease in water supply and that the reduced delivery amount will most likely remain for some time. He also mentioned that the District customers may need to conserve water during the critical time. He mentioned that more information will be provided as it becomes available.
4. District Backflow Prevention Program – Steve’s Backflow Testing
Mr. Dahlstrom stated that there was current correspondence included in the Board packet regarding Steve’s Backflow Testing.
After a brief discussion, the Board determined that its action taken at the August 21, 2007 Board meeting was in response to an appeal and the decision was final, with no need for further review or reconsideration.
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 he attended a meeting with The Wallace Group and Penfield & Smith on September 13, 2007 regarding Reach B, the Wononee 8-inch loop final plans, and was informed that the Band was moving forward with a proposed community center on the reservation in the vicinity of this replacement water main line. He stated that District staff was informed that the proposed center is in the design phase and is approximately 55,000 square feet. As of this date, the plans have not been submitted to the District, this proposed facility was not considered to be connected to the 8-inch water main, and the District has not received the water demand calculations for the proposed center in order to model the affect on the distribution system.
Mr. Dahlstrom stated that he did not sign off on the final plans for phase 2, and will not until a further review can be made and more information is provided to the District.
He also stated that the Notice of Completion for Phase I was still not signed by Chairman Armenta.
He stated that the staff will begin the easement process and plans to obtain an entire easement package rather than several components.
2. Dunn School – 2555 West Highway 154, Los Olivos
Mr. Dahlstrom stated that the Board packet included Meeting notes for the July 26, 2007 meeting held at the Dunn School Library. Trustee Harry Poor recused himself from this item.
Mr. Dahlstrom provided the Board a brief review of the proposed expansion of the Dunn School facilities, the existing infrastructure and recapped the District’s phased approach accommodations, cost sharing cooperation in facilities that benefit the District, and water service requirements to date. He reported that according to Jim Munger, the school’s Headmaster, the Dunn School Board met on Friday, September 14, 2007 and indicated they were still interested in the water main installation, but the Dunn Board would not authorize the signature of the Main Extension Agreement until their engineer, Flowers and Associates provides Dunn with an engineering report and a cost estimate of the project. It was also reported Dunn could satisfy the fire protection requirements by extending the private fire system to the cottages and install hydrants. Mr. Dahlstrom indicated that this would not be consistent with the main extension phased concepts discussed at the District’s previous meeting.
The Board expressed its concern over Dunn school’s change in direction and frustration in providing certain cooperative concepts only to have them disregarded. The Board indicated that should this main extension not be installed as conceptually proposed, then the entire property would need to be re-evaluated for compliance with the District’s Rules and Regulations. The Board also agreed that no further work will be done until the Main Extension Agreement signature is obtained.
Mr. Dahlstrom stated he would be sending a letter to the Dunn representatives confirming the water service requirements and main extension concept that was made at the August 21, 2007 meeting.
VIII. REPORT, DISCUSSION AND POSSIBLE BOARD ACTION ON THE FOLLOWING SUBJECTS:
A. Cachuma Conservation Release Board
1. Report on Regular Board Meeting
Mr. Dahlstrom stated the Board packet included the August 27, 2007 agenda for the CCRB meetings and briefly summarized the items discussed including the preparation of comments to the State Water Resources Control Board RDEIR released in late July. He mentioned that Das Williams, the City of Santa Barbara representative suggested that the CCRB have a special meeting on the September 17 to review and provide comments on the RDEIR.
Mr. Dahlstrom also mentioned that he and Gary Kvistad are revising the Joint Legal Advocacy agreement and working with Mr. Greg Wilkinson of Best Best & Krieger as well.
Mr. Dahlstrom reported that CCRB held a special closed session on September 17 to discuss comments to the State.
B. Santa Barbara County
Mr. Dahlstrom stated that the Board packet included a Notice of Public Meeting of the Central Coast Regional Water Quality Control Board on September 7, 2007 regarding the Foxen Canyon Closed Class III Landfill for informational purposes only.
1. Cloudseeding Program
Mr. Dahlstrom stated that the Board packet included an August 30, 2007 letter from the County of Santa Barbara regarding the Cloudseeding Program for this year. He stated that due to the Zaca Fire which greatly affected both the Santa Ynez and Sisquoc River drainages there will be no cloudseeding program this year, although they plan to continue in FY2008-2009. The County suspended the program because of concerns of increased siltation in the Santa Maria River and the risk to the levees near the City of Santa Maria and siltation into Gibraltar Reservoir.
2. User Fee Study – Public Works
Mr. Dahlstrom reported that the Board packet included a brief description of the Public Works Department User Fee Study prepared by a company called Maximus. He stated that the County Public Works department is going to increase fees for underground work done in Santa Barbara County, which includes public agencies doing work in County right of ways. Mr. Dahlstrom stated that staff attended a meeting two weeks ago and stated that this fee increase is expected to be reviewed and acted upon by the Board of Supervisors at the October 16, 2007 meeting. He mentioned he would like to get together with some of the other utility agencies to discuss the fee increase. He stated he would provide more information as it becomes available.
3. Madera Street Abandonment
Mr. Dahlstrom stated that the Board packet included current correspondence relating to the Madera Street Abandonment.
Mr. Dahlstrom stated that an additional portion of Madera Street belonging to Mr. Mowry was vacated by the Board of Supervisors on July 17, 2007 without District notice or knowledge. Mr. Dahlstrom provided the Board a detailed description of the vacated areas and current property lines regarding Madera Street.
He also reported that a meeting was scheduled October 3 at 10:00 am by Supervisor Firestone’s office to facilitate a resolution between Mr. Hemming and the District. President Burchardi and Trustee Bettencourt would attend on behalf of the District.
The Board reiterated their previous comments on the Madera Street abandonment process and directed the General Manager to limit the amount of time spent, and continue to work with the parties involved to find a resolution.
Mr. Dahlstrom also reported that Schley, Look and Guthrie, legal counsel for Mr. Hemming submitted a public records act request for copies of the audio tapes for the June and August meeting. He stated that a response was submitted and that staff is in the process of drafting a record retention policy.
C. Santa Ynez River – State Water Resources Control Board
1. WR Order 94-5/Cachuma Project Permit DEIR
Mr. Dahlstrom stated that the Revised Draft EIR was released in late July for comment, and that the District will have significant comments regarding the document and its alternatives. He also reported that he, Gary Kvistad and Diane De Flice of Hatch & Parent have spent a significant amount of time reviewing the previous DEIR, reviewing testimony, and preparing comments on the RDEIR that will be incorporated in a joint letter with CCRB, a separate letter from the District, as well as coordinating with the Parent District and its letter. The deadline for comment submittal to the State Water Board is September 28 and a concentrated effort is needed to finish by that time.
2. Permit 17734 License Inspection Report (6.0 CFS Well Field)
Mr. Dahlstrom stated that he and staff have been working with Mr. Oliver Page of Stetson Engineering regarding the additional information requested by the State Board for our permit.
D. U.S. Bureau of Reclamation – Cachuma Project
1. Resource Management Plan/Contract Renewal for Lake Cachuma Park
Mr. Dahlstrom stated that there was no new information pertaining to the USBR interim agreement for the Park.
2. Santa Ynez River/State Water Project Exchange Agreement
Mr. Dahlstrom stated that there was no new information regarding the exchange agreement.
3. National Marine Fisheries Steelhead Recovery Plan
Mr. Dahlstrom stated that there was no new information regarding the plan at this time.
4. Lake Cachuma County Park – Fish Surcharge Memo of Understanding
Mr. Dahlstrom stated that there was no progress regarding the update of the MOU at this time and that Mr. Dan Hernandez, Parks Director, has not signed the MOU. At the last meeting with the County, he stated he would consider signing the MOU once the launch ramp construction was underway. Mr. Dahlstrom stated that work has commenced on the boat launch ramp at the park. A meeting has been tentatively scheduled with the County Park Department, CCRB and the District on October 10th. Since all other issues have been resolved or shown not to exist based on studies or investigations conducted by the District and CCRB, it is expected that the county would have no problems signing the MOU which provides for the 3-foot fish surcharge.
5. Cachuma Lake Oak Tree Restoration Program
Mr. Dahlstrom reported that the program was on-going and has been very successful. The annual contract regarding the Oak Tree Restoration Plan has not yet been signed but mentioned that he contacted Ms. Melinda Fournier and Ms Rees that the District would be the contracting agency.
He also reported that Ms. Fournier would also be doing some additional tree work at the Zone 3 reservoir for the District.
E. City of Solvang
1. Proposed 5.0 CFS Well Field Project
Mr. Dahlstrom stated that there was no new information regarding the proposed 5.0 cfs well field project for the City of Solvang except the importance of the State Water Board’s RDEIR and timing of the City’s environmental document. The City’s water supply was briefly discussed and the need to secure all the water permitted supplies in the river.
F. LAFCO
1. Jurisdiction Resolution
Mr. Dahlstrom stated that there was no new information relating to the jurisdiction resolution.
G. Zaca Fire – USFS/Cal Fire Report
Mr. Dahlstrom reported that the Zaca Fire is officially out at this point in time. He stated that fire crews are still working the area doing the clean up work and that a final billing would be compiled and submitted to the Forestry Service. Mr. Dahlstrom included a map in the packet, of the area which was burned. He provided a brief review of information presented at the weekly FireTac meetings and costs associated with fighting the fire and clean up.
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 board packet included an invitation to the dedication ceremony for Carpinteria’s safe drinking water capital improvement program on September 19, 2007.
Mr. Dahlstrom stated that the Board packet included the summer 2007 newsletter from Family Farm Alliance.
Mr. Dahlstrom stated that the Board packet included a report prepared and provided by the Family Farm Alliance titled “Water Supply in a Changing Climate” for informational purposes.
Mr. Dahlstrom stated that Ms. Kim Brown’s daughter was seriously hurt in an accident over the weekend and was at home recovering.
X. APPROVAL OF ACCOUNTS PAYABLE
Mr. Dahlstrom presented the Warrant List for Board approval. The Warrant List covered warrants 10623 through 10701, for the time period August 22, 2007 through September 18, 2007 in the amount of $463,328.94. Trustee Poor MOVED to approve the warrant list as presented. Trustee Bettencourt seconded the motion and it was carried by a unanimous 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 NOT MARKED WITH AN ASTERISK (*) FOR FILE
The correspondence list was reviewed and discussed.
XIII. NEXT REGULAR MEETING OF THE BOARD OF TRUSTEES:
The next Regular meeting of the Board of Trustees is scheduled for 5:30 p.m. on Tuesday, October 16, 2007.
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 adjourned to closed session at 5:44 p.m. and reconvened to open session at 6:05 p.m. There was no action required.
The Board adjourned to closed session at 8:10 p.m. and reconvened to open session at 9:44 p.m. There was no action required.
XV. ADJOURNMENT
Being no further business, it was MOVED by Trustee Poor, seconded by Trustee Bettencourt to adjourn the meeting at 9:45 p.m. The motion carried by a unanimous voice vote.
The September 18, 2007 Minutes were approved at the October 16, 2007 Meeting.
