REGULAR MEETING OF THE BOARD OF DIRECTORS ROSAMOND COMMUNITY SERVICES DISTRICT

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1 Rosamond Community Services District Regular Board Meeting Agenda Tuesday, October 2, 2018 REGULAR MEETING OF THE BOARD OF DIRECTORS ROSAMOND COMMUNITY SERVICES DISTRICT 7PM Regular Board Meeting Tuesday, October 2, 2018 District Board Room th Street West Rosamond, CA CALL TO ORDER Agenda ROLL CALL President Dennis Shingledecker Vice President Russell Williford Director Byron Glennan Director Olaf Landsgaard Director Ed MacKay PLEDGE OF ALLEGIANCE APPROVAL OF THE AGENDA BOARD SECRETARY This portion of the agenda allows an individual the opportunity to address the Board on any item NOT ON THE AGENDA regarding District business. State law prohibits the District from taking any action on any items not on the agenda, unless authorized under (b) of the Government Code, and your matter may be referred to the General Manager. An individual may also address the Board on any agenda item at the time the matter is discussed, and prior to Board consideration or action. Speakers will be limited to five (5) minutes. Your time will start when you approach the podium, and you will be given a 30 second warning before your time expires. If you choose to ask a question during this time, any response by the Board will not extend your time. Questions may be referred to the General Manager to be answered at a later time after the meeting. In order to allow for a smooth and orderly meeting, and allow each speaker the ability to address the Board, disruptions from the audience will not be tolerated and you could be asked to leave. We appreciate your cooperation in this democratic process. PUBLIC COMMENTS 1

2 Rosamond Community Services District Regular Board Meeting Agenda Tuesday, October 2, 2018 PRESENTATIONS PR 1. Effects of the Adjudication. (Presented by Gene Nebeker, Ph.D.) MINUTES M 1. Approve September 4, 2018 Regular Board Meeting Minutes CONSENT CALENDAR CC 1. Approve Check/Voucher Register dated 08/28/18 9/24/18 CC 2. Approve Check/Voucher Register dated 08/28/18 9/24/18- Related Party CC 3. Cash Balances- August 2018 CC 4. Cash Balances- July 2018 NEW BUSINESS NB 1. Adopt Resolution No , amending the Administrative Handbook. (Presenter: Ronald Smith, General Manager) DIRECTOR REPORTS/COMMENTS/FUTURE AGENDA ITEMS GENERAL COUNSEL UPDATE Allison Burns, Esq. GENERAL MANAGER UPDATE Ronald Smith ASSISTANT GENERAL MANAGER UPDATE John Houghton DIRECTOR OF FINANCE UPDATE Brad Rockabrand DIRECTOR OF PUBLIC WORKS UPDATE Brach Smith DIRECTOR OF ADMINISTRATION/BOARD SECRETARY UPDATE Lizette Guerrero, CMC 2

3 Rosamond Community Services District Regular Board Meeting Agenda Tuesday, October 2, 2018 ADJOURNMENT Requirements Regarding Disabled Access: In accordance with (a), requests for a disability related modification or accommodation, including auxiliary aids or services, in order to attend or participate in a meeting, should be made to the RCSD Board Secretary/Assistant at least 48 hours in advance of the meeting to ensure availability of the requested service or accommodation. Please contact the Board Secretary/ Assistant by telephone at (661) , lguerrero@rosamondcsd.com or in writing at the Rosamond Community Services District, Attn: Board Secretary/Assistant; th Street West, Rosamond, CA Pursuant to Government Code Section , any writing that: (1) is a public record; (2) relates to an agenda item for an open session of a regular meeting of the Board of Directors; and (3) is distributed less than 72 hours prior to that meeting, will be made available for public inspection at the time the writing is distributed to the Board of Directors. Any such writing will be available for public inspection at the District offices located at th Street West, Rosamond, CA In addition, any such writing may also be posted on the District s web site. 3

5 Particulates Traffic Accidents Valley Fever

8 Define Problems Quantify Problems Develop Working Relationship with Stakeholders and Affected Parties

9 City of Lancaster City of Palmdale Edwards AFB AV Air Quality Management District Association of Rural Town Councils LA County Dept. of Public Health Kern County Dept. of Public Health LA County Dept. of Regional Planning

10 Majority Leader House of Representatives - Kevin McCarthy Senator Scott Wilkes Assemblyman Tom Lackey

11 Outreach and Awareness Vaccine Development Revegetate with Native Vegetation Man-caused Sources of Fugitive Dust Adjudication Area Plan

12 Frequent and High Winds Soils are Highly Erodible Soils are Endemic for Valley Fever Fungus

13 1,486 folks defaulted and have no right to produce groundwater. Over 65,000 vacant land parcels have no right to produce groundwater. 3,172 got less water than desired Farmers were cut back to less than 50% of their historical groundwater. Public Water Suppliers were severely cut back.

14 Approximate Analysis Indicates Another 30,000 acres. Current Acreage of Blowing Dust and Sand is about 20,000 Acres.

15 Court Made Decision on Total Safe Yield Months Before Hearing Evidence. Ruling on Overdraft Compared Current Conditions to Those in Basin Appearing to be Filling for Over 40 Years. Technical Analysis Horribly Flawed and is criticized in the peer-reviewed open scientific journal articles.

16 Does Not Like Fertilizers and Pesticides Does Not Cope Well with Other Microbes Does Not Like Soils with Low Organic Matter Does Not Like Repetitive Irrigation Likes Soils With Soluble Salts

17 Dr. Mark Schniepp Over 1 Billion Dollars of Water Thrown Away Use of Replacement Water from Over 9 Times Cost to Pumper From Now On. Property Values Plummet Valley Fever Diagnosis and Treatment.

18 Traditional Best Available Science

20 Focus on up-to-date scientific methods such as satellite imagery with energy balance. This is the Best Available Science. Does Not rely on Area or Temporal Averages (Can See More Water)

21 Phyllis Stanin and Todd Groundwater together with who I have recommended as a Science Advisory Board, namely Rick Allen, Ph.D., P.E., Jan Hendricks, Ph.D. Ir., Alex Rinehart, Ph.D., Todd Umstot, M.S., and John Wilson, Ph.D.

22 Defined in Paragraph of the Judgment and Physical Solution.

23 We are Creating a Groundwater Drought in Our Valley where One Does Not Exist. Throwing Away Huge Amounts of Water (over 100,000 Acre-Feet Per Year). Throwing Away Over a Billion Dollars of Water. Making Water Prices Skyrocket. Creating Significant Health and Public Safety Conditions.

24 Rosamond Community Services District Regular Board Meeting Minutes Tuesday, September 4, 2018 REGULAR MEETING OF THE BOARD OF DIRECTORS ROSAMOND COMMUNITY SERVICES DISTRICT 7PM Regular Board Meeting Tuesday, September 4, 2018 District Board Room th Street West Rosamond, CA Minutes President Shingledecker called the meeting to order at 7:00PM. ROLL CALL President Dennis Shingledecker Vice President Russell Williford Director Byron Glennan Director Olaf Landsgaard Director Ed MacKay PLEDGE OF ALLEGIANCE APPROVAL OF THE AGENDA Motion made by Director MacKay, Seconded by Vice President Russell Williford to approve the agenda. Motion passed with 5 ayes. BOARD SECRETARY This portion of the agenda allows an individual the opportunity to address the Board on any item NOT ON THE AGENDA regarding District business. State law prohibits the District from taking any action on any items not on the agenda, unless authorized under (b) of the Government Code, and your matter may be referred to the General Manager. An individual may also address the Board on any agenda item at the time the matter is discussed, and prior to Board consideration or action. Speakers will be limited to five (5) minutes. Your time will start when you approach the podium, and you will be given a 30 second warning before your time expires. If you choose to ask a question during this time, any response by the Board will not extend your time. Questions may be referred to the General Manager to be answered at a later time after the meeting. In order to allow for a smooth and orderly meeting, and allow each speaker the ability to address the Board, disruptions from the audience will not be tolerated and you could be asked to leave. We appreciate your cooperation in this democratic process. 1

25 Rosamond Community Services District Regular Board Meeting Minutes Tuesday, September 4, 2018 PUBLIC COMMENTS Received. MINUTES M 1. Approve August 21, 2018 Regular Board Meeting Minutes Motion made by Director MacKay, Seconded by Director Landsgaard to approve the Consent Calendar. Motion passed with 5 ayes. CONSENT CALENDAR CC 1. Approve Check/Voucher Register dated 08/14/18 8/27/18 CC 2. Approve Check/Voucher Register dated 08/14/18 8/27/18- Related Party Motion made by Director MacKay, Seconded by Vice President Russell Williford to approve CC 1. Motion passed with 5 ayes. Motion made by Director MacKay, Seconded by Director Glennan to approve CC 2. Motion passed with 3 ayes, 2 recusals (Landsgaard, Shingledecker), as Director Landsgaard s brother owns Karl s Hardware and President Shingledecker conducts business with Karl s Hardware. NEW BUSINESS NB 1. Cancel the Board Meeting scheduled on November 6, 2018 due to the use of the Board Room as a polling site for the Statewide General Election. (Presenter: Ronald Smith, General Manager) There was consensus to cancel the Board Meeting. NB 2. Approve the amendment to Ronald Smith s Employment Contract. (Presenter: Allison Burns, General Counsel) Motion made by Director MacKay, Seconded by Director Landsgaard to approve the first amendment to the Second Amended and Restated Employment Agreement to add Section 4, deleting and replacing Section 1 of the Second Amended and Restated Employment Agreement, to provide 1. Period of Employment. Employer shall employ employee for a 4 year period (term) beginning on the effective date of this amendment. Employees employment may be terminated during the term as set forth in Section 4 of the agreement. The effective date of this amendment shall be September 4, Motion passed with 3 ayes and 2 nays (Glennan, Williford). NB 3. Sponsor the 42 nd Annual William Ketchum Memorial Armed Forces Appreciation Day Parade and SeptemberFest to be held on Saturday, September 22, (Presenter: Ronald Smith, General Manager) 2

26 Rosamond Community Services District Regular Board Meeting Minutes Tuesday, September 4, 2018 Donation will be made by the Board of Directors to sponsor the 42 nd Annual William Ketchum Memorial Armed Forces Appreciation Day Parade and SeptemberFest. The District to pay for the expense of Sweet Sew and booth to be manned by the Directors subject to legal counsel verification of liability. DIRECTOR REPORTS/COMMENTS/FUTURE AGENDA ITEMS Director s Glennan and MacKay gave reports. GENERAL COUNSEL UPDATE Allison Burns, Esq. GENERAL MANAGER UPDATE Ronald Smith- Update provided ASSISTANT GENERAL MANAGER UPDATE John Houghton DIRECTOR OF FINANCE UPDATE Brad Rockabrand- Update provided DIRECTOR OF PUBLIC WORKS UPDATE Brach Smith- Absent DIRECTOR OF ADMINISTRATION/BOARD SECRETARY UPDATE Lizette Guerrero, CMC- Update provided ADJOURNMENT- Meeting adjourned at 7:54PM. Requirements Regarding Disabled Access: In accordance with (a), requests for a disability related modification or accommodation, including auxiliary aids or services, in order to attend or participate in a meeting, should be made to the RCSD Board Secretary/Assistant at least 48 hours in advance of the meeting to ensure availability of the requested service or accommodation. Please contact the Board Secretary/ Assistant by telephone at (661) , lguerrero@rosamondcsd.com or in writing at the Rosamond Community Services District, Attn: Board Secretary/Assistant; th Street West, Rosamond, CA Pursuant to Government Code Section , any writing that: (1) is a public record; (2) relates to an agenda item for an open session of a regular meeting of the Board of Directors; and (3) is distributed less than 72 hours prior to that meeting, will be made available for public inspection at the time the writing is distributed to the Board of Directors. Any such writing will be available for public inspection at the District offices located at th Street West, Rosamond, CA In addition, any such writing may also be posted on the District s web site. 3

27 Rosamond Community Services District Regular Board Meeting Minutes Tuesday, September 4, 2018 Respectfully submitted: Board of Directors Rosamond Community Services District Board Secretary 4

50 ROSAMOND COMMUNITY SERVICES DISTRICT RESOLUTION NO RESOLUTION OF THE BOARD OF DIRECTORS OF THE ROSAMOND COMMUNITY SERVICES DISTRICT AMENDING THE ADMINISTRATIVE HANDBOOK WHEREAS, the Rosamond Community Services District ( District ) is a public agency of the State of California formed by the Community Services District Law under Section et seq. of the Government Code; and WHEREAS, pursuant to Section 61045(g) of the Government Code, the Board of Directors shall adopt policies for the operation of the District including, but not limited to, administrative and personnel policies; and WHEREAS, the Board of Directors adopted an Administrative Handbook on February 12, 2014, by Resolution ; and a set of revisions of the Administrative Handbook on March 11, 2015, by Resolution ; and a set of revisions on August 26, 2015, by Resolution ; and a set of revisions on November 17, 2015, by Resolution ; and a set of revisions on September 6, 2016, by Resolution ; and a set of revisions on February 7, 2017, by Resolution ; and a set of revisions on March 7, 2017, by Resolution ; and a set of revisions on February 6, 2018, by Resolution ; and a set of revisions on August 7, 2018, by Resolution ; and WHEREAS, the Board desires to amend Policy Number 4055, Rotation of Board Members, within the Administrative Code Handbook, to Policy Number 4055, Election of Officers, as set forth in Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rosamond Community Services District as follows: 1. Amend Policy Number 4055, Rotation of Members: Policy 4055, Election of Officers; is hereby adopted, in its entirety, and hereby added to the Administrative Handbook as set forth in Exhibit A which is attached hereto and incorporated herein by reference. 2. Conflicts: To the extent there is any express or implied conflict between the present Employee Handbook and the Administrative Handbook, the language of the Administrative Handbook shall take precedence in resolving the conflict. District staff is hereby directed to review the Employee Handbook to ensure that no express or implied conflicts exist. If any conflicts are found to exist staff is directed to bring that conflict to the attention of the Board at the next regular meeting so that the conflict may be resolved. 3. Effective Date: This Resolution shall become effective as of the date of adoption. 4. Severability: If any section, subsection, clause or phrase in this Resolution is for any reason held invalid, the validity of the remainder of this Resolution shall not be

51 affected thereby. The Board hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof be held invalid. 6.0 Incorporation of Recitals: The Recitals set forth above are incorporated herein and made an operative part of this Resolution. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Rosamond Community Services District held this 2 nd day of October, ATTEST: By: Secretary, Board of Directors Rosamond Community Services District By: President, Board of Directors Rosamond Community Services District

52 EXHIBIT A

53 Rosamond Community Services District Election of Board Officers POLICY TITLE: Election of Board Officers POLICY NUMBER: At the Annual Organizational Meeting, as described in of the Administration Code, the Board of Directors shall elect its officers in accordance with Government Code The officers shall be the president and vice president The Board of Directors may create additional offices and elect members to those offices, provided that no member of a Board of Directors shall hold more than one office.

REGULAR MEETING OF THE BOARD OF DIRECTORS ROSAMOND COMMUNITY SERVICES DISTRICT

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