Convened at 12:30 p.m. on Wednesday June 13, Jim Crettol, Ted Page, Phil Portwood, Todd Tracy, Dan Waterhouse and Rick Wegis;

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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 June 13, 2007 The regular meeting of the Board of Directors was called to order by President Wegis on Wednesday June 13, 2007, at 12:30 p.m., at the offices of the District, 1101 Central Avenue, Wasco, California. Directors Present: Directors Absent: Others Present: Jim Crettol, Ted Page, Phil Portwood, Todd Tracy, Dan Waterhouse and Rick Wegis; Jeff Fabbri; General Manager, Will Boschman; District Engineer, Paul Oshel; District s Superintendent, John Lynch; District s GIS/IT Administrator, Ralph Sanchez; District s Staff Engineer, Craig Wallace; District s A/P Clerk, Mariela Garza; District s Temporary Engineering Aid, Leslie Pajuelo; District=s Exec. Secretary, Marsha Payne; District=s Legal Counsel, Ernest A. Conant; District s Consulting Engineers, Bookman-Edmonston, GEI Consultants, Inc., represented by Ron Eid; District Consultants, John Jones and Bob Reed; W.M. Lyles representative, Rick Amigh; Don Castle, representing Paramount Farming; and Steve Gair, representing Wingate Realty. The meeting was called to order by President Wegis who opened the meeting with the flag salute, then welcomed and introduced all guests. Approval of Agenda It was noted that one new item came to the staff s attention after posting and needs action before the next meeting, Consider Resolution to Join Other California Water Districts to Declare An Emergency Water Situation in California. 1

2 By motion of Director Tracy, seconded by Director Crettol, the revised agenda was unanimously approved. ACTION ITEMS Minutes On motion by Director Page, seconded by Director Portwood, the Minutes of the Regular Meeting of May 15 and Adjourned Meeting of May 31, 2007 were approved. Treasurer s Report On motion by Director Portwood, seconded by Director Page, the Treasure s Reports for Semitropic Water Storage District and Semitropic Improvement District for May 2007 were approved. Accounts Payable The Cash Disbursement List was presented for review and payment. Several items were discussed, including payments to Coalinga Motors for 4 new Chevrolet pickups and water well drilling supplies from Downhole Stabilization. On motion by Director Portwood, seconded by Director Page, the Board authorized payment of the Accounts Payable as listed on the June 13, 2007 Disbursement List for Semitropic Water Storage District and Semitropic Improvement District. A copy of the Disbursement List is attached hereto as "Exhibit A". At 12:45 p.m. Ernest Conant joined the meeting and Mariela Garza left the meeting. Consider Resolution to Amend Special District Risk Management Authority JPA Manager Boschman presented a Resolution for Board consideration which would amend a section of the Joint Powers Authority Agreement and create financial equity between the members of Special District Risk Management Authority and California Special Districts Association. On motion by Director Waterhouse, seconded by Director Page, the Board authorized Resolution No. ST 07-9, pending final staff and legal review: A RESOLUTION OF THE GOVERNING BODY OF THE SEMITROPIC WATER STORAGE DISTRICT APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A SIXTH AMENDED JOINT POWERS AGREEMENT RELATING TO THE SPECIAL DISTRICT RISK MANAGEMENT ATUHORITY 2

3 Consider VPR Contract Extension Manager Boschman reviewed the original contract with VPR Associates, which was renewed in December 2006 for another six months. Discussion followed on whether or not to extend the contract and the progress to secure Federal Funding for the Semitropic Groundwater Banking Program. On motion of Director Portwood, seconded by Director Waterhouse, the Board elected to terminate the monthly payments as of June 30; however, other provisions of the agreement will continue on a year to year basis. The provisions for payment of the commission will be honored if Federal Funding is timely secured as a direct result of VPR s efforts. Consider Intermittent Water Service Contract for TeVelde Manager Boschman reported that the Policy and Procedure Committee met on June 5 to discuss the request for water service by David TeVelde who recently purchased about 1,100 acres from Shaen Megan which is within the GPSA area. The Committee recommended that Mr. TeVelde be offered a modified water service contract. Discussion followed. On motion of Director Crettol, seconded by Director Portwood, the Board accepted the Committee s recommendation based on the landowner signing a long term Intermittent Water Service Agreement, dedicate the pipeline and easement at no cost to the District, develop 6 fully operational wells, and pay for construction of recharge and recovery facilities per District specifications for which the District would reimburse the costs over a 5 year period, all as more particularly described in the Committee s report. Also, the Policy and Procedure Committee considered a request from District landowner, Ted Page, to buy out a Well Sharing Agreement signed with the District in The Committee recommends that Mr. Page pay $2,500 based on the value of the pump and motor and sign a pumping agreement with the District. On motion by Director Tracy, seconded by Director Waterhouse, the Board accept the Committee s recommendation to allow Ted Page to buy out the Well Sharing Agreement for $2,500 and sign a pumping agreement with the District. Mr. Page did not participate in or vote on this matter. Consider Resolution to Declare an Emergency Manager Boschman reported on the California water situation where the pumps were shut down at the Delta and deliveries prorated by Department of Water Resources to protect the Delta smelt, an endangered species. Kern County Water Agency is calling for Member Units to support a Resolution to Declare a Statewide Emergency on Pumping at the San Joaquin Delta, which would be presented to California Governor Arnold Schwarzenegger who will be in Bakersfield for a Town Hall Meeting tomorrow. On motion by Director Page, seconded by Director Tracy, the Board unanimously approved Resolution No. ST 07-10: 3

4 DELARATION OF AN EMERGENCY EXEMPTING THE PROPOSED PROJECT FROM CEQA AND COMPETITIVE BIDDING REQUIREMENTS; AUTHORIZATION OF AN EMERGENCY WATER CONSERVATION CAMPAIGN URGING MAXIMUM AGRICULTURAL CONSERVATION AND REQUESTION OF A STATEWIDE DECLARATION OF AN EMERGENCY Design/Build Team Construction Update W.M. Lyle s representative, Rick Amigh, reported on construction progress of the SWRU. It is anticipated that the cofferdam will be removed soon from the Aqueduct Turnout #3 and final testing of the Control Building will take place. Phase II landowners are in the process of signing Intermittent Water Service Contracts and contacting others who have questions or are hesitant to participate. INFORMATIONAL AND UP-DATE ITEMS Manager Boschman s written report on District Activity During May 2007 dated June 7, 2007 was accepted for filing. In addition, Manager Boschman presented the following: A landowner meeting was held on June 11 to answer questions on the SWRU Phase 2. Several landowners, including dairymen, attended the meeting which led to discussion on the North-South pipeline alignment and water quality issues. Water Supply Update Manager Boschman reported that several months ago, the KCWA offered leftover EWA water for sale at $ per acre-foot, which the District accepted to purchase, following which KCWA changed the price to $ per acre-foot, and the Board declined. Now KCWA has offered additional water for sale again at $ per acre-foot. Discussion followed. By general consensus, the Board authorized staff to offer to purchase all available water at a lower price, preferably $ per acre-foot. It was also reported that the District is having problems getting farmers to run their wells to pump back to the District. Discussion followed on the rates to be paid for pumpback or credits to farmer s accounts. Before August 15, the District will advance monthly payments in the amount of $60.00 per acre-foot for electrically driven well and $80.00 per acre-foot for diesel or natural gas installations. In addition, if a farmer has Contract Water Entitlement that he knows he will not use and releases it before August 15, the District will pay or credit him for $80.00 per acre-foot. If released after August 15, he will be reimbursed the amount he paid (i.e. about $48.00 per acre-foot). The Manager will send letters to those affected to remind them of agreements signed with the District and request volunteer participation. Full pumpback operations will commence sometime after September 1. 4

5 Status of Delinquencies The total amount of Contract delinquencies is $8, The accounts are: Jung Woo Jang - $6, and Jesse Orozco - $1, Energy Activities Staff reported disappointment in the new solar energy consultant in that he has not returned phone calls and therefore, activity has not moved forward. Poso Creek Integrated Regional Water Management Plan District Engineer, Paul Oshel, reported that the IRWMP Group will be ready to present its Plan to the Board at its July Meeting, after which it will be submitted to DWR for final approval and hopefully, funding. Well Abandonment To date, the District has received 7 well abandonment requests and has reimbursed a total amount of $18, Also, there have been 6 requests to convert to monitoring wells instead of abandonment which are currently being evaluated for suitability as monitoring wells. SEMITROPIC WATER STORAGE DISTRICT PUBLIC HEARING 2:00 P.M. - JUNE 13, 2007 TO HEAR OBJECTIONS TO PRELIMINARY ROLL FOR GENERAL ADMINISTRATIVE AND GENERAL PROJECT SERVICE CHARGES AND TO FINALIZE THE RATES AND ROLLS FOR 2007 (COLLECTED ) President Wegis called the hearing to order at 2:00 p.m. and stated that this was the time and place for the public hearing to hear objections to the preliminary roll for General Administrative and General Project Service Charges and to finalize rolls and rates for said charges to Manager Boschman reported that no oral or written comments were received. Mr. Conant stated that the Board dispense with the formalities and proceed to fix the General Administrative and General Project Service Charges. In support of jurisdictional and other matters, Mr. Conant offered the following items to be marked as indicated and attached to the Minutes: 5

6 Affidavits of Publication prepared by The Bakersfield Californian showing publication of the Notice of Filing of Preliminary Roll and rates and of this hearing. To be marked AExhibit and AExhibit Affidavit of Mailing of Notice of this hearing to landowners in the Buttonwillow and Pond-Poso Improvement Districts expected to receive a charge. To be marked AExhibit C@ A reduced copy of the map in the roll of Semitropic Water Storage District and the Buttonwillow and Pond-Poso Improvement District for reference as needed. To be marked AExhibit D@ A Memorandum from Manager Wilmar L. Boschman, dated June 13, To be marked AExhibit E@ It was moved by Director Portwood, seconded by Director Page, and unanimously carried, that the Exhibits heretofore offered (AB@through AE@) be received and attached to the Minutes. Mr. Conant stated that the question before the Board is the adoption of a Final Roll and determination of rates. The action taken by the Board will be in the form of a resolution requiring a roll call vote. On motion by Director Portwood, seconded by Director Page, Resolution No. BW 07-4 was unanimously adopted: RESOLUTION FINALIZING ROLL OF GENERAL ADMINISTRATIVE AND GENERAL PROJECT SERVICE CHARGES; FIXING RATES PER ACRE FOR SAID CHARGES; ORDERING THAT THE SAME BE COLLECTED FROM THE OWNERS OF LANDS RECEIVING THE BENEFIT THEREOF AND ELECTING THAT SUCH CHARGES BE COLLECTED BY THE COUNTY OF KERN (2007; COLLECTED ) On motion by Director Portwood, seconded by Director Waterhouse, Resolution No. PP 07-4 was unanimously adopted: RESOLUTION FINALIZING ROLL OF GENERAL ADMINISTRATIVE AND GENERAL PROJECT SERVICE CHARGES; FIXING RATES PER ACRE FOR SAID CHARGES; ORDERING THAT THE SAME BE COLLECTED FROM THE OWNERS OF LANDS RECEIVING THE BENEFIT THEREOF AND ELECTING THAT SUCH CHARGES BE COLLECTED BY THE COUNTY OF KERN (2007; COLLECTED ) 6

7 Mr. Conant stated that on or before August 10, 2007, the District Treasurer will certify and file the final roll with the Auditor-Controller of Kern County, together with a copy of his transmittals, to the County Tax Collector and Treasurer. The charges will appear as a line item on the County tax bills for Fiscal Year except for landowners for which no County tax bill is prepared. The first half of the taxes will be delinquent in December and the second half delinquent in April. On motion by Director Portwood, seconded by Director Waterhouse, the Secretary was authorized to execute the agreement and Resolution No. ST 07-8 was unanimously approved: AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN COUNTY OF KERN AND THE SEMITROPIC WATER STORAGE DISTRICT FOR THE COLLECTION OF SPECIAL ASSESSMENTS (GENERAL ADMINISTRATIVE AND GENERAL PROJECT SERVICE CHARGES) President Wegis declared the public hearing closed at 2:10 p.m. Consultant s Reports Consultant John Jones reported on various tasks that he is performing for the District. The Annexation application has been stamped by the surveyors and resubmitted to LAFCO. The well drilling rig has been inspected by the California Highway Patrol to meet CalTrans specifications and is permitted to move as necessary within Kern County. Staff continues to make progress on use of the water well logging camera; however, it was reported that the camera has had some heating problems and may need to be placed in a van or trailer with a fan or cooling facilities. A written report was also submitted by Bob Reed for the Board review. Consulting Engineer s Report: Mr. Ron Eid from Bookman-Edmonston, GEI Consultants, Inc. presented the Consulting Engineers Report on Projects for Semitropic Water Storage District for work during May 2007, which was accepted for filing. Mr. Eid also reported on engineering activities related to construction of the Pond-Poso Spreading Grounds, acquisition of right-of-way on the P-565 Distribution System, the Semitropic Ridge Water Quality Investigation, and editing of the Poso Creek IRWMP in preparation for public review. 7

8 It was noted that 2 more Board Resolutions were necessary in order to complete the Bond sale process. On motion by Director Page, seconded by Director Portwood, the Board authorized Resolution No. SID 07-3: RESOLUTION OF THE BOARD OF DIRECTORS OF THE SEMITROPIC IMPROVEMENT DISTRIBUT OF SEMITROPIC WATER STORAGE DISTRICT AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING TO AN INTEREST RATE SWAP; MAKING CERTAIN DETERMINATIONS RELATING THERETO; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH Also, on motion by Director Page, seconded by Director Portwood, the Board authorized Resolution No. SID 07-2: JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF THE SEMITROPIC WATER STORAGE DISTRICT AND THE SEMITROPIC IMPROVEMENT DISTRICT OF THE SEMITROPIC WATER STORAGE DISTRICT APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A BOND PURCHASE AGREEMENT AND A SECURITY AGREEMENT AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO Legal Counsel At 2:25 p.m. Mr. 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 ) b. Conference with legal counsel to discuss contract negotiations (Gov t Code Section ) All visitors left the meeting. At 2:40 the Board reconvened to open session. President Wegis stated that several items were discussed; however, no action was taken. 8

9 Adjournment At 2:45 p.m. the meeting was adjourned by President Wegis until Wednesday, June 27, 2007, 12:30 p.m. at the District office to continue the business of the District. APPROVED: James A. Crettol, Secretary Fredrick A. Wegis, President 9