Convened at 12:30 p.m. on Wednesday March 11, 2009

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1 MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SEMITROPIC, BUTTONWILLOW, POND-POSO, AND WILDLIFE IMPROVEMENT DISTRICTS OF SEMITROPIC WATER STORAGE DISTRICT Convened at 12:30 p.m. on Wednesday March 11, 2009 The regular meeting of the Board of Directors was called to order by President Wegis on Wednesday, March 11, 2009, at 12:30 p.m., at the offices of the District, 1101 Central Avenue, Wasco, California. Those in attendance included: Directors Present: Directors Absent: Others Present: Jeff Fabbri, Ted Page, Phil Portwood, Dan Waterhouse and Fredrick Wegis; James A. Crettol and Todd Tracy; General Manager, Will Boschman; District Engineer, Paul Oshel; District Superintendent, John Lynch; District s Staff Engineer, Craig Wallace; District s Accountant, Judy Burns; District s Exec. Secretary, Marsha Payne; Districts Legal Counsel, Ernest Conant; District s Consulting Engineers, Bookman-Edmonston, GEI Consultants, Inc., represented by Dick Rhone and Ron Eid; W.M. Lyles Representative, Rick Amigh; District Consultant, John Jones; No. Kern Water Storage District Representative, Dana Munn; ACDF, LLC Representative, Devin Aviles; Steve Gair, representing Wingate Realty; PG&E Representative, Brenda Baldwin; and District landowner, Mark Palla. Via Conference Call Scott Kuney (Closed Session) President Wegis led the flag salute, then introduced and welcomed all guests. Approval of Agenda It was noted that there were three new items that came to the staff s attention after posting the agenda and will need action before the next meeting: 1) Consider Updating 1

2 Groundwater Model, 2) Consider Resolution of Support of Signing a MOU for Poso Creek IRWMP, and 3) Consider Purchasing Water from Buena Vista WSD. On motion by Director Portwood, seconded by Director Waterhouse, the revised Agenda was unanimously approved. ACTION ITEMS Minutes It was noted that several minor corrections had been made to the Minutes after the Board mailing and corrections were presented for filing. On motion by Director Waterhouse, seconded by Director Portwood, the Minutes of the Regular Meeting on February 11, 2009 were approved as presented. Treasurer s Report Minor corrections were made to the Treasurer s Report after mailing and were presented for filing. Judy Burns gave a brief report and presented a cash flow update. On motion by Director Portwood, seconded by Director Waterhouse, the Treasurer s Report for Semitropic Water Storage District and Semitropic Improvement District for February 2009 was approved as presented. Accounts Payable The Cash Disbursement List was presented for review and payment. Several items were discussed, including new servers for the computer network storage system and training for IT personnel. On motion by Director Portwood, seconded by Director Waterhouse, the Board authorized payment of the Accounts Payable as listed on the March 11, 2009 Disbursement List for Semitropic Water Storage District and Semitropic Improvement District. A copy of the Disbursement List is attached hereto as "Exhibit A". Consider Extending Conveyance & Exchange Agreement with No. Kern WSD Manager Boschman reported that No. Kern recently submitted a request to extend the Conveyance & Exchange Agreement for another year (i.e. thru 2010). Discussion followed regarding rates per acre-foot and energy charges. 2

3 On motion by Director Fabbri, seconded by Director Waterhouse, the Board authorized a one year extension to the Semitropic-No. Kern Conveyance & Exchange Agreement (thru 2010) and to continue the rate of $15 per acre-foot for every acre-foot transported or exchanged plus actual energy costs (if applicable). Consider Subscribing to National Geographic Presentation of Water for Tomorrow thru ACWA Manager Boschman reported that while in Washington D.C. for the Association of California Water Agencies (ACWA) Conference, he participated in a tour of the National Geographic Headquarters. ACWA and National Geographic have teamed up to produce a 20- page color magazine on California water which is intended to inform and engage consumers on water issues, agriculture, the drought and conservation inside and outside the home. ACWA is requesting members to participate by making a 2 year commitment to purchase a minimum amount of issues for distribution to water users and consumers within the District. There will be a total of 4 issues within the 2 year period. The Manager suggested a minimum commitment of 4,000 copies which KCWA is also supporting. On motion by Director Waterhouse, seconded by Director Page, the Board authorized participation in the ACWA/National Geographic Magazine by a commitment of 4,000 copies of Water for Tomorrow magazine which will be mailed to District water users. Consider Updating Groundwater Model The Manager reported on the background of the Groundwater Modeling, which is part of the Semitropic Monitoring Committee report and a continuation of earlier reports. GEI Engineering representative, Ron Eid, stated that several years ago, the Semitropic Groundwater Modeling report was completed for years The report requires updating for the years with current data before the next Monitoring Committee meeting in May. The budget estimate of $235,000 is a significant investment, but is necessary in order to comply with the Monitoring Committee Memorandum of Understanding (MOU) Discussion followed regarding sharing of costs by Monitoring Committee members per the MOU. On motion by Director Fabbri, seconded by Director Page, the Board authorized staff and consultants to commence the tasks necessary in order to update the Semitropic Groundwater Model. Consider Resolution of Support of Signing a MOU for Poso Creek IRWMP At the February Board meeting, District Engineer Paul Oshel reported on the Memorandum of Understanding for the Poso Creek Integrated Regional Water Management Plan 3

4 Group which lays out the governance principles, guidelines and objectives for water management. The members of the Group asked that the respective Board of Directors support and authorize execution of the Poso Creek IRWMP MOU. On motion by Director Waterhouse, seconded by Director Portwood, the Board authorized execution of the MOU in the form of Resolution No. SID 09-1: IN SUPPORT OF SIGNING A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE POSO CREEK INTEGRATED REGIONAL WATER MANAGEMENT (IRWM) PLAN Consider Purchasing Water from Buena Vista WSD Manager Boschman reported that Buena Vista WSD had previously sold water from Main Drain to Honey Bucket Farms (who no longer takes the water) and the District recently offered to purchase the water at $62-$70 per acre-foot, approximately the same price as Article 21 Water. However, Buena Vista invoiced the water at a higher amount which caused some confusion. Further discussions with Buena Vista revealed that the water was priced at the 2008 SWP unit cost but did indicate that if Article 21 became available, Buena Vista would reduce the price to match it. On motion by Director Fabbri, seconded by Director Waterhouse, the Board authorized payment of the invoice for water from Buena Vista WSD; however, in the future, if the District desires to purchase water from Buena Vista, the Board will submit a bid at the beginning of the year based on groundwater pumping rates. Design/Build Team Construction Update W.M. Lyle s representative, Rick Amigh, reported that RCP pipe manufacturing was completed except for the 108 inch pipe which is on hold until the revised budget is completed. Several Landowner Contracts and Water Service Agreements have recently been executed. District staff and consultants plan to experiment with a new polymer at the Raw Water Processing Plant. It is hoped that this new polymer will accelerate the rate of settlement in the flocculation process and will produce sedimentation within the canal and forebay of the facility. The results of the performance of the new polymer will be available in a few weeks. INFORMATIONAL AND UP-DATE ITEMS Manager Boschman s written report on District Activity During February 2009 dated March 6, 2009 was accepted for filing. In addition, Manager Boschman presented the following: 4

5 Water Supply Update Manager Boschman reported that there has been no change in the State s water supply allocation of 15% which together with another 10% from the District remains a total of 25% allocation for the District s Contract Water users. It is anticipated that perhaps some adjustment will be made soon. Status of Delinquencies There were no Contract Water Delinquencies in February. Banking Project Manager Boschman reported significant activity in the planning, design and cost estimating of the SWRU Phase 2 Systems X, Y & Z. The Design-Build Team and District Staff met to split the project into various phases and then negotiate the price structure for the next phases of the Project. W.M. Lyles also indicated an interest in some bridge financing of the project. It was suggested that further discussion on this item take place in a Special Board meeting. A date will be determined. Semitropic-Rosamond JPA Activities The Manager reported that progress is being made in recent meetings with Antelope Valley-East Kern Water Agency (AVEK) which could be of mutual benefit to the Authority and AVEK by planning and constructing joint facilities. Energy Activities Manager Boschman reported that there has been several contacts lately from solar vendors who are interested in installing solar facilities in the District. Consultant s Reports District consultant, John Jones, reported on development of the flow path wells and water well drilling operations. The Board requested staff to stop drilling flow path wells, but encouraged the drilling of conventional water wells to continue. It was also reported that the County has sent out statements of penalties for those who started but didn t complete the process on the well abandonment program. 5

6 Office Addition The Manager reported that advertising for bids on the office addition is in process and it is anticipated that several bids will be received by the end of March or early April. `1 Landowner Meeting Last year the District hosted a landowner luncheon to inform landowners of new projects related to the Groundwater Banking Program and various other District activities. The luncheon/meeting was well received and discussion followed to set a date for another meeting this spring. A date of May 15, 2009 was set for the 2 nd Annual Landowner s Meeting/BBQ at the Elks Lodge. Staff will proceed with arrangements. Consulting Engineer s Report Mr. Dick Rhone from Bookman-Edmonston, GEI Consultants, Inc. presented the Consulting Engineers Report on Projects for Semitropic Water Storage District for work during February 2009, which was accepted for filing. Mr. Rhone also reported on engineering activities related to various projects including the Crop Rotation Study and the 2008/2009 Winter Improvement Projects which are anticipated to be completed soon. Closed Session At 1:45 p.m. the District s legal counsel, Ernest Conant, stated that a closed session was needed pursuant to the following: a. Conference with legal counsel to discuss pending litigation (Gov t Code Section (a)-California Groundwater Association, et al. v. Semitropic Water Storage District b. Conference with legal counsel to discuss anticipated litigation (Gov t Code Section (b) (One matter) c. Conference with Real Property Negotiators (Gov t Code Section ) Negotiators: Will Boschman and Rick Wegis Parties: Various landowners d. Personnel Matters (Gov t Code Section 54957) 6

7 All visitors left the meeting except Steve Gair who reported on various land negotiations. Legal Counsel, Scott Kuney, joined the meeting via conference call. Steve Gair left the meeting at 2:20 p.m. At 3:00 p.m. the Board reconvened to open session. President Wegis stated that several items were discussed, including various land negotiations and well sharing agreements. At 3:05 p.m. the Board went into executive session to discuss personnel issues and all staff left at that time. At 3:30 p.m. the meeting was adjourned by President Wegis until Wednesday, March 25, 2009 at 12:30 p.m. at the District office to continue the business of the District. APPROVED: Fredrick A. Wegis, President James A. Crettol, Secretary 7