MINUTES OF REGULAR MEETING OF BOARD OF TRUSTEES FOR RECLAMATION DISTRICT 1614 HELD MONDAY, MARCH 7, 2016

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1 MINUTES OF REGULAR MEETING OF BOARD OF TRUSTEES FOR RECLAMATION DISTRICT 1614 HELD MONDAY, MARCH 7, 2016 The March meeting of the Board of Trustees of Reclamation District 1614was held onmonday, March 7, 2016, at the lawoffice of Neumiller & Beardslee, 509 W. Weber Avenue, 5^ Floor, Stockton, California, at the hour of 2:00 p.m. TRUSTEES PRESENT WERE: WILLIAM DUNNING BEN KOCH ROBERT WISE OTHERS PRESENT WERE: DANIEL J. SCHROEDER CHRISTOPHER H. NEUDECK RHONDA L. OLMO ORLANDO LOBOSCO JUDITH BUETHE, Judith Buethe Communications DOMINICK GULLI, Green Mountain Engineering RICHARD GACER, homeowner ROBERT BELLIN, homeowner THERESA BAAYACA, homeowner ABSENT WERE: None Item 1. Call to Order/Roll Call. The meeting was called to order by President Dunning at 2:00 p.m. Item 2. Public Comment. Mr. Richard Gacer informed the Trustees that he is gathering information regarding the District's upcoming election for the two Trustees that are up for reelection this year. He asked ifthese Trustees were elected or appointed. Mr. Dan Schroeder stated that all ofthe Trustees have gone through an election cycle; wherein the elections were not contested, so therefore no contested elections were held. Item 3. Approval of Minutes of regular meeting of February 1, After review, the minutes ofthe regular meeting offebruary 1, 2016 were approved as read (Dunning/Koch). Mr. Gacer pointed out that the January minutes did not reflect that he asked that the election process be put on the Agendas. President Dunning said that the January minutes were approved at the February meeting and no one at that time questioned them.

2 Page 2 Item 4. Presentation of Financial Status Report. District Secretary, Rhonda Olmo, handed out the Financial Report. She stated that this report shows the District is at 66% for the Fiscal Year. Mrs. Olmo indicated that $1, in interest was received in the District's General Fund, and for the Smith Track Fund $ in interest was received as well. Item 5. Presentation of Engineer's Report. Discussion and possible action: a. Permit Requests Lake Court - Pending Matter - nothing to report. b. Wisconsin Pump Station. c. Adopt Resolution Approving And Adopting Reclamation District 1614 Emergency Operations Plan. Excerpts from the Engineer's Report: L Wisconsin Pump Station Reconstruction Update A. Review current status ofgrant opportunities and ongoing applications for grant funds. Review the development ofa benefit Cost Ratio for eligibility sake. (Exhibit A: from KSN Inc. regarding notificationfrom Cal OES regarding a HMGP eligible activityfor the District's application.) District Engineer, Mr. Chris Neudeck, referenced Exhibit A which he stated was a follow-on to the Notice ofinterest that was prepared and submitted to Cal OES. Mr. Neudeck said Cal OES approved RD 1614 to move forward with the full application. One ofthe prerequisites ofthe full application is developing a benefit cost ratio. Mr. Neudeck said that this is a complicated process and he is seeking input from the grant consultant (Scott Brown, Larsen Wurzel & Assoc.). Mr. Neudeck said that Mr. Brown is looking into the most current criteria, and mentioned that the application is due mid-june XL Plan Review A. Review status ofapplication for constructing a new redwood fence and pouring ofconcrete on RD 1614's parcel adjacent to the Districts' Kirk Avenue Pump Station. The APN's applicable to this property are owned by RD 1614 and owned originally by Raviscioni's now by Randy Pierson. Dan Schroeder is working with Randy's attorney on resolving the Title on the property. Mr. Neudeck said that there is no new issue on this item. Mr. Schroeder stated that he is working on sending a letter to the Conservator letting it be known that this is an unpermitted encroachment.

3 Page 3 III. Delta Levee Subventions Program AB 360 A. Review the hiring of part time District Labor to perform routine levee related tasks with the Board oftrustees. Mr. Neudeck said that one of the things that is commonly done with Reclamation District's, where it is afforded and appropriate, is to bring on part-time staff under the District's labor rather than hire outside labor. He said that the cost differential is the difference between the standard labor rate and a prevailing labor rate. He said the prevailing wage rate can be up to three to five times as much depending on where you are. Mr. Neudeck said that the District's Superintendent needs more labor assistance. IV. DWR EMERGENCY RESPONSE GRANT AWARDED TO SAN JOAQUIN COUNTY A. Review RD 1614's Flood Contingency Map and Emergency Operation Plan submitted to SJ County. Seek approval ofthe plan from the Board of Trustees. Mr. Neudeck brought with him today the final plan and is seeking adoption authorization. Mr. Schroeder stated that in order to adopt the Emergency Plan that the Board needs to adopt Resolution Mr. Neudeck said that upon adoption that this will be uploaded onto the District's website. Motion was made (Dunning/Koch) and unanimously carried by the Board oftrustees for Reclamation District 1614 that the Trustees Adopt Resolution Approving and Adopting Reclamation District 1614 Emergency Operations Plan. V. San Joaquin County Flood Management (TAC) Meetings A. Review status of San Joaquin County Flood Management Technical Advisory Committee (TAC) Meetings, Meetings now only scheduled on the 3'^'' Wednesday ofthe month. Mr. Neudeck said that the last meeting reflected the outcome ofthe Dept. ofwater Resources reflection ofthe Regional Flood Plain Management Plans, where all local Reclamation District's that have had project systems (RD 1614's Calaveras River) put forth projects that could potentially be sponsored into what is known as the Central Valley Flood Protection Plan. Mr. Neudeck further discussed this minor update. Mr. Neudeck concluded his Engineer's Report. President Dunning asked ifanyone had questions.

4 Page 4 Mr. Dominick Gulli commented on the possibilitye ofcreating a detention basin to store water. Mr. Gacerinquired about ChrisNeudeck's job description. President Dunning said that being that Mr. Neudeck is not an employee ofthe District that the District does not have his job description and that the scope of work that Mr. Neudeck performs is in the engineer's contract. Mr. Gacer told the Board that he would be requesting a copy of Mr. Neudeck's contract. Mr. Gulli addressed Mr. Gacer regarding his concerns about the running of an election. President Dunning told Mr. Gacer that if/when an election is held that the District will know/knows how to handle it. Item 6. Presentation of Superintendent's Report; request for direction. a. Authorize Superintendent to hire part time employees. b. Approve Contract with STANTEC regarding system alarm system. District Superintendent, Orlando Lobosco, handed out his Superintendent Report. Mr. Lobosco stated that during his routine station checks this month he encountered two issues. One issue was more vandalism at Plymouth and River Road. Mr. Lobosco stated that it was fairly minor but he found that someone had cut another lock offthe emergency generator panel and flipped the switch to offthus killing ail the power to the station. Mr. Lobosco said that he has installed another lock and it has not been fooled with since. Secondly, Mr. Lobosco said that there was a compressor failure at Gardena. He stated that he believes this was inadvertently caused by himselfby trying to help with noise issue one neighbor complained about by wrapping the generator with installation. Mr. Lobosco said that he thought he kept the vent open but believes the installation slid over it. This has been repaired and it is back on-line. Mr. Lobosco said that there was some garbage dumped at Plymouth and River Road. County Public Works crew helped Mr. Lobosco get rid ofthe debris. Mr. Lobosco said that a 2x6 floated into Lake Court and got wedged in the stilling well/float that controls the on/offswitch ofthe pump. This situation has been resolved with Delta Pump. Mr. Lobosco asked ifanyone had questions. Mr. Neudeck asked how Wisconsin did as far as capacity after these recent storms. Mr. Lobosco said that everything worked fine. No street flooding was noticed. In regard to the District hiring part-time employees, Mr. Lobosco explained to the Board why he feels he has the need to hire additional personnel. After further discussion, Mr.

5 Page 5 Schroeder said that a motion needed to be passedauthorizing Mr. Lobosco to hire these employees. Mr. Bob Bellin commented that he was concemed about the District hiring employees and having to deal with unemployment/taxes/possible disability, etc. Mr. Schroeder stated the saving to the District by bring employees was greater thanhiring a contractor to do the work. Mr. Gacer inquired of the skill level required for the new hires and if a job/task description would be prepared for them. Mr. Lobosco stated thatthe employees would be basically manual laborwhereby the employees would perform appropriate tasks he assigned them. Mr. Gacer inquired how much the District estimates these employees would be paid. Mr. Lobosco said thatit would be between $10 to $15 an hour. Motion was made (Dunning/Koch) and unanimously carried by the Board of Reclamation District 1614 Authorizing the Levee Superintendent to hire part time employees. Mr. Lobosco handed out and talked about the proposal he received from Stantec Consulting Services. Mr. Lobosco said that this proposal is for the installation of a rudimentary ScadaSystem that will give three parameters that will be checked, a high level, low level, and a power fail at five stations: Wisconsin, both stations on Plymouth River Road/Smith Canal, Gardena, and Kirk. This proposal comes with a $3,800 threeyear service plan which needs to be renewed every three years to keep these systems on line. Discussion was held as to how the system works. Stantec personnel is ready to get started with the installation(s) within two weeks upon approval by the Board. The total quoted for the five stations is $20,400 (includes the three-year service plan). Motion was made (Dunning/Koch) and unanimously carried by the Board ofreclamation District 1614 Authorizing the approval ofthe contract with Stantec and authorizing the President to execute it. Mr. Lobosco concluded his Superintendent Report. President Dunning asked if anyone had any questions. None were asked. After presentation ofthe above, the Superintendent's report was approved by the Trustee's. Item 7. Newsletter. Mr. Schroeder suggested two items for the newsletter for the next newsletter issue. One item is the District's website, while the second item was the approval ofthe Emergency Plan. Discussion was had as to additional items to add to the Newsletter. Mr. Schroeder encouraged everyone to submit comments/suggestions to Ms. Buethe. **At this time President Dunning stated he wanted to skip to Agenda Item 14 which was taken up at this time.

6 Page 6 Item 14. Correspondence Received. Application Referral, Application Number: PA (TA), Property Owner: San Joaquin County, Project Description: ADevelopment Title Text Amendment application to amend Chapter Wineries and Related Facilities to include Sections (Existing Wineries and Wine Cellars), (c) (Marketing Calendars), (f) (Outdoor Amplified Sound), and (h) (Parking Requirements; and Section (Definitions of Accessory Winery Event and Marketing Event) was briefly mentioned. President Dunning then commented on several letters written to him and the District by Mr. Gacer. He stated that he felt that the letters contained a lot ofnonsense but also contained some good ideas. As an example. President Dunning said thathe felt the suggestion that the District hold meetings within in the Country Club area was a good idea and that the District already began doing so last year. However, due to the expense he felt they should beheld occasionally to update citizens on a variety of current issues and not ona monthly basis. While Mr. Gacer stated that he felt the current meeting location was not comfortable and familiar to citizens, President Dunning disagreed and stated that the location was convenient being close to the Country Club area and safe for anyone to attend. President Dunning and Mr. Gacer disagreed on the reasons for the level of attendance at the meetings. President Dunning next commented that he was concerned that several times Mr. Gacer's s he sends out contains inaccurate or incomplete information that may confuse people who receive them. As an example, he pointed out that Mr. Gacer implied that the Districtwas sitting on cash reserves when it isn't and explained the difference between cash-on-hand for budgetary purposes and a cash reserve. As a further example. President Dunning pointed out that Mr. Gacer's writings uses the words "failing" and "falling apart" to describe the Wisconsin Pump Station, even though he has attended meetings where the engineer concluded that its condition, while aging and near the end of its designed life, is stable, checked monthly, and that it is not falling apart as demonstrated last year during a significant rain event. Mr. Gacer responded that he was using the District Engineer's own words. Further discussion was held between Mr. Gacer and President Dunning whereby they disagreed on many issues. Mr. Gacer wanted to know why he had not received a response from his letter(s) until today whereby President Dunning said he needed to reflect on them before responding today. Mr. Gacer told President Dunning that ifhe does not like his letters to put it in writing and that he will continue to keep submitting his letters. President Dunning said that he

7 Page 7 will not send him anything in writing and that he would deal with Mr. Gacer one on one. No other Trustee comments were received. *** At 3:50 p.m. the Board resumed to Item 8 on the Agenda and Mr. Gacer left the meeting. Item 8. Report on Meetings Attended. Mr. Schroeder and Mr. Neudeck attended the county wide Flood Threat meeting. Mr. Schroeder stated that this meeting was a broad discussion on dealing with urban emergency response. He said this was an interesting meeting and that one of the biggestissues was how the average personwould be notified that there is an emergency with the levee. He said that there was a lot of discussion and the outcome of the meeting was ultimately putting trust in the Office of Emergency Service. Item 9. District Calendar. Mr. Schroeder reminded everyone that the Form 700's are due. The next District Meeting will be held on April 4, Items 10. Closed Session. Due to time constraints, the Closed Session item will be continued to next month. a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Levee Superintendent b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: District Secretary c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: District Engineer d. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: District Counsel Item 11. Report out of Closed Session, n/a. Item 12. Consultant and Employee Contracts. Discussion and possible action regarding changes to contracts. This item will be moved to next month. Item 13. Items for Future Meetings. None. Item 15. Motion to Approve Bills. It was moved, seconded (Dunning/Koch), and unanimously carried by the Board of Trustees for Reclamation District 1614 that the Trustee's authorize/approve the Bills to be

8 Page 8 Paid for February, Item 16. Adjournment. The meeting was adjourned at 3:56 p.m. Secretary: The agenda for this meeting was posted at 509 W. Weber Avenue, Stockton Califomia at least 72 hours preceding the meeting. Respectfully submitted, Rhonda L. Olmo District Secretary