Following Board discussion, it was moved by Director Puddicombe, seconded by Director Drewry, and unanimously carried to approve the consent calendar as presented.

 

4.  Closed Session Item — Time Certain: 2:05

 A.                 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION There exists significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 in one potential case. (Estimated time, 30 minutes)

The Board of Directors adjourned to closed session on the above item at 2:10 p.m.

The Board reconvened at 3:08 p.m.  President Edmonston reported that no action had been taken by the Board. 

5. Business/Financial

A.                 Set Date for Public Hearing on Water Rates

Mr. Roebuck presented this item and he, Mr. Wullbrandt, and Mr. Manion answered Directors’ questions.  Director Abel suggested that a fact sheet with an informal poll on return postcard be sent to customers prior to a public hearing being scheduled.  Directors Wilson, Puddicombe and Edmonston concurred with Director Abel.  Following Board discussion, it was moved by Director Abel, seconded by Director Puddicombe, and unanimously carried that staff and Legal Counsel work with the Public Information Committee to send out an informal poll to District customers, with the results to be brought to the Board at their October 18 meeting, at which time the date for the Prop. 218 public hearing will be set.

 

B.                 Employee Compensation Study

Mr. Roebuck presented this item and answered Directors’ questions.

 

C.                Temporary Help for District Business / Finance Department

Mr. Roebuck presented this item.  The Board agreed with the actions of the General Manager and Finance Committee in securing further temporary help from Jerry Paley for the District’s Business / Finance Department.

 

6. LEGAL MATTERS                                                                                                                     

 

A.                 Recent and Pending Legal Matters Review (Oral)

Mr. Wullbrandt briefly reviewed legal matters of interest to the Board.

 

B.                 Policy on District Legal Counsel Attendance at COMB and CCRB Meetings

Mr. Roebuck and the Finance Committee presented this item.  Following Board discussion and a minor change, it was moved by Director Drewry, seconded by Director Abel, and unanimously carried to approve the policy for Legal Counsel attendance at COMB and CCRB meeting as revised.

C.                Legal Counsel Representing Multiple Districts (oral)

The Board discussed the benefits and liabilities of retaining legal counsel shared by another district.  Mr. Wullbrandt answered Directors’ questions.  Mr. Wullbrandt noted that it is in the original retention agreement with both Districts that in any instance where there could be a conflict of interest, his firm will bring that issue to both Boards and, unless both Boards request otherwise, will not represent either District in the matter.

D.                ACWA Committee Appointment Nominees for the 2006-2007 Term

Following discussion on this item, it was moved by Director Puddicombe, seconded by Director Abel, and carried by a vote of 3 to 1 with one abstention to nominate Mr. Wullbrandt for the ACWA State Legislative and Federal Affairs Committees.

------------------------------------ Legal Counsel Departed at this point------------------------------------

 

7.  Cachuma Matters

A.                 CACHUMA CONSERVATION RELEASE BOARD MEETING OF August 22, 2005

Director Abel reported on the subject meeting.

B.                 CACHUMA OPERATION AND MAINTENANCE BOARD MEETING OF August 22, 2005

Director Abel reported on the subject meeting.

 

C.                COMB/CCRB Managers & Attorneys Meeting of September 7, 2005

Mr. Roebuck & Mr. Wullbrandt reported on the subject meeting.

 

8.  district Operations Report 

A.                 Time Certain 4:00 p.m. — Ortega Reservoir Project Status Report

Mr. Roebuck noted that there is a possibility of giving the contractor access to the reservoir immediately, rather than wait for October 10, since the weather seems favorable.  Director Edmonston requested that the files contain a document setting out the reasons, pros, and cons of the proposed action.  It was moved by Director Puddicombe, seconded by Director Wilson, and unanimously carried that the District move ahead with the emptying the easterly one-half of the reservoir, contingent on the approval of the Carpinteria Valley Water District

B.                 Ortega Reservoir Project Phase two Construction Surveying Services

Mr. Roebuck introduced this item and answered Directors’ questions.  Mr. Roebuck  then introduced Mr. Gabriel, Project Manager from Penfield and Smith.  Following discussion it was moved by Director Puddicombe, seconded by Director Wilson, and unanimously carried to authorize the General Manager to approve a contract change order in the amount of <$29,969> to eliminate surveying services from the Cushman Construction Corporation Phase 2 contract and approve an increase of $29,969 to the Penfield and Smith Engineers Phase 2 Contract for providing surveying services.

C.                2005 Urban Water Management Plan Update (oral)

Mr. Roebuck brought the Board up to date on the status of the Urban Water Management Plan 2005 Update.

D.                USGS / MWD 2006 cooperative Water Resources Program at Jameson Lake

Mr. Roebuck introduced this annual item and answered Directors’ questions.  It was moved by Director Puddicombe, seconded by Director Wilson, and unanimously carried to approve the 2005/06 budgeted expenditure of $9,350 as the District’s share of costs for continuation of the cooperative water resources program at Jameson Lake for the period of November 1, 2005 through October 31, 2006 and to authorize the General Manager to execute a Letter of Continuation.

E.                 Montecito Fire Protection District request for Temporary Parking of Emergency vehicles

Mr. Roebuck presented this item and answered Directors’ questions.  Following discussion it was moved by Director Wilson, seconded by Director Drewry, and unanimously carried to approve the request from MFPD for the temporary parking of emergency vehicles on MWD property during firehouse construction modifications and authorize the General Manager to contact Fire Chief Ron McClain to coordinate the parking of emergency vehicles on District property.

F.                 RBF Consultants PRoposal for Distribution System Efficiency and Water Quality Analysis

Mr. Roebuck introduced this item.  Following Board discussion it was moved by Director Puddicombe, seconded by Director Wilson, and unanimously carried to approve the proposal from RBF in the amount of $91,660 to prepare a Distribution System Efficiency Analysis with Recommendations, Create a Water Quality Computer Model of the MWD Distribution System, Perform a Water Quality Analysis and prepare a Sampling Study, and Perform a Pump Energy / Efficiency Analysis; appropriate $91,660 from the 1998A Bond Funds for these services which were included in the 2005/06 budget; and authorize the General Manager to prepare a Notice of Award of Contract to RBF Consultants for this work.

9.  GENERAL MANAGER’S REPORT

A.                 Ongoing Projects Update

Mr. Roebuck presented his ongoing projects update and answered Directors’ questions.

 

10.  DIRECTOR AND STAFF MEETING REPORTS 

A.                 Central Coast Water Authority Meeting of August 25, 2005

Director Puddicombe reported on the subject meeting.

B.                 SANTA BARBARA COUNTY SPECIAL DISTRICTS ASSOCIATION MEETING OF August 22, 2004 and Request to attend Conference

Director Wilson reported on the subject meeting and presented his request to attend the conference of the Special Districts Association of California being held in Long Beach September 27-29.  Following discussion the Board failed to approve the request based on a 2/2 vote with Director Wilson abstaining.

11.  COMMITTEE REPORTS/RECOMMENDATIONS                                                              

A.                 OPERATIONS COMMITTEE

Directors Puddicombe and Edmonston stated that Operations Committee activities had been covered elsewhere in the meeting.

B.                 FINANCE COMMITTEE

Directors Drewry and Wilson stated that Finance Committee activities had been covered elsewhere in the meeting.

C.                PUBLIC INFORMATION COMMITTEE

Director Abel reported that the Public Information Committee would be meeting on September 22 to discuss the postcard for the informal poll, and the Fall Newsletter. 

12.  Board information Items

No action was taken on these informational items presented to the Board. 

13.  AGENDA ITEM REQUESTS                                                                                                  

There were no requests from Directors for items other than regular agenda items for the next regular Board meeting scheduled for October 18, 2005.  

14.  ADJOURNMENT 

There being no further business to come before the MWD Board of Directors, the meeting was adjourned at 5:25 pm.