Convened at 12:30 p.m. on Wednesday January 14, 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 January 14, 2009 The regular meeting of the Board of Directors was called to order by President Wegis on Wednesday, January 14, 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: James A. Crettol, Ted Page, Phil Portwood, Todd Tracy, Dan Waterhouse and Fredrick Wegis; Jeff Fabbri; General Manager, Will Boschman; District Engineer, Paul Oshel; District Superintendent, John Lynch; District s Controller, John Wooner; 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; W.M. Lyles Representative, Brad Zeimet; District Consultant, John Jones; No. Kern Water Storage District Representative, Dick Diamond; PG&E Representative, Brenda Baldwin and Denise Newton; Paramount Farms Representative, Kim Brown; ACDF, LLC Representative, Devin Aviles; and Steve Gair, representing Wingate Realty. President Wegis led the flag salute, then introduced and welcomed all guests. Approval of Agenda It was noted that one new item came to the staff s attention after posting the agenda and will need action before the next meeting; Consider Agreement to Investigate Salinity Management/Treatment. 1

2 On motion by Director Waterhouse, seconded by Director Tracy, the revised Agenda was unanimously approved. ACTION ITEMS Minutes On motion by Director Waterhouse, seconded by Director Tracy, the Minutes of the Regular Meeting on December 10, and the Special Meeting on December 15, 2008 were approved as presented. Treasurer s Report The Treasurer s Report for December 2008 was presented and a brief discussion followed regarding various accounts and balances. A minor correction was requested by the Board. On motion by Director Portwood, seconded by Director Page, the Treasurer s Report for Semitropic Water Storage District and Semitropic Improvement District for December 2008 was approved as corrected. Accounts Payable The Cash Disbursement List was presented for review and payment. Several items were discussed, including well casing for flow path wells, pumps and motors for the new wells and computer software for processing payroll taxes. Discussion continued on the consulting agreement with Bob Reed which is actually under contract with the JPA but paid thru Semitropic as a reimbursable expense. On motion by Director Waterhouse, seconded by Director Tracy, the Board authorized payment of the Accounts Payable as listed on the January 14, 2009 Disbursement List for Semitropic Water Storage District and Semitropic Improvement District. The Board also requested that the District s JPA reimbursable expenses be listed separately for Board review and paid subject to JPA Board approval. A copy of the Disbursement List is attached hereto as "Exhibit A". Consider Resolution to Authorize Purchase of Tax Defaulted Lands District Controller, John Wooner, reported that the Kern County Treasurer/Tax Collector has posted notice of tax defaulted lands within the District. Pursuant to Revenue and Taxation Code, Section 3791, et seq., the District is entitled to purchase tax-defaulted property within its jurisdiction without the property having to go to public bid. There is one parcel of approximately 10 acres can be acquired for about $1, Discussion followed. 2

3 On motion by Director Page, seconded by Director Crettol, the Board adopted Resolution ST 09-2: RESOLUTION AUTHIRIZING DISTRICT STAFF TO NEGOTIATE WITH THE KERN COUNTY TAX COLLECTOR FOR THE PURCHASE OF APN# Consider Resolution for Determination of No Election and Requesting Appointment of Directors District s legal counsel, Ernest Conant, reviewed the Director s election procedure. He stated that the following Directors terms of office expire at the regular meeting to be held April 8, 2009: Division No. 2: Division No. 5: Division No. 7: James A. Crettol Philip W. Portwood Fredrick A. Wegis Petitions have been submitted and reviewed for Philip Portwood and Fredrick Wegis and found to be in order. Due to time restraints, James Crettol was not able to circulate the petition; however, he has indicated that he is willing and able to serve another term as a member of the Board of Directors. Mr. Conant advised that since no other nominating petitions were filed with the Board, the Board could request that the Kern County Board of Supervisors appoint James Crettol, Philip Portwood and Fredrick Wegis for another four year term of office. On motion by Director Tracy, seconded by Director Waterhouse, the Board approved the nomination petitions and adopted Resolution No. ST 09-1: DETERMINATION THAT NO ELECTION BE HELD ON MARCH 3, 2009 FOR DIVISIONS 2, 5, AND 7, AND REQUESTING APPOINTMENT OF DIRECTORS THEREFORE Consider Agreement to Investigate Salinity Management/Treatment Manager Boschman reported on a proposed Groundwater Salinity Management and Treatment Program that Metropolitan Water District (MWD) is developing. MWD has offered to pay all costs associated with the Initial Program Scoping Phase which would include: 1. Facility technical analysis 2. Evaluate potential capability of shallow drain water 3. Determine the long term impacts associated with build-up of shallow drain water 4. Undertake environmental and permitting review 3

4 A consulting agreement for the study water treatment program is being drafted and reviewed by both parties. Discussion followed. On motion by Director Tracy, seconded by Director Crettol, the Board authorized the Manager to enter into an agreement with MWD to undertake technical studies to determine feasibility and effectiveness of a proposed Groundwater Salinity Management & Treatment Program. Further discussion followed. On motion by Director Crettol, seconded by Director Waterhouse, the Board approved up to a 50% buy-back of the project if it proves to have positive results. Design/Build Team Construction Update W.M. Lyle s representative, Brad Zeimet, reported that the civil and structural design of Phase 2B is complete and the budget was submitted to the District for review and comment. Consultants are still working on getting contracts and easements signed. Hanson Pipe is still producing 54-inch and 60-inch wet cast RCP at its Shafter plant and 36-inch pipe in Sacramento to gear up for startup of construction of SWRU Phase 2B. The manufacturing of 108-inch RCP will commence upon completion of the 54-inch pipe, hopefully sometime in February. The Raw Water Processing Plant facility operated thru December and will continue into January during the District s pumpback operations. Polymer was added in late December and evaluations are being made on the plant performance using that treatment process. The Manager reported on the status of the Habitat Conservation Plan and permitting process for the North-South pipeline/canal with U.S. Fish & Wildlife Service, CA Department of Fish & Game, U.S. Army Corps of Engineers and U.S. Bureau of Reclamation. To date, the various agencies have not been very cooperative in setting meetings to discuss and come to mutual agreement on the issues for the permits. There are still on-going discussions with several landowners and dairies regarding easements along the pipeline/canal alignment. INFORMATIONAL AND UP-DATE ITEMS Manager Boschman s written report on District Activity During December 2008 dated January 9, 2009 was accepted for filing. In addition, Manager Boschman presented the following: Water Supply Update Manager Boschman reported that there has been no change in the State s water supply allocation of 15%. Even recent precipitation and significant storm activity has not changed the water supply situation at this time. 4

5 The pumpback operations are still on-going. There has been some reluctance with various landowners to pump, expressing that they have pumped their share or had equipment problems. Ag Water Discharge Program Ernest Conant stated that many Kern County landowners recently received letters from the California Regional Water Quality Control Board regarding the Ag Water Discharge Program. In 2006 and 2007 many farmers joined a Coalition of water users who had a potential discharge from irrigated lands (i.e. storm runoff or irrigation overflow). In 2008 the Control Board requested another enrollment and compiled a new list which was considerably smaller than the previous list as most growers had previously joined a Coalition. For some reason the Regional Board recently sent, an Order to Respond to the Coalition members for re-enrollment of potential discharge properties. The District or the Coalition will send landowners a letter explaining the circumstances and offer assistance in submitting the technical report filing before the February 20, 2009 deadline. Status of Delinquencies There were no Contract Water Delinquencies in December. Banking Project Manager Boschman reported Poso Creek Water Company is seeking approval from Kern County Water Agency to purchase water being held in Santa Clara Valley Water District s account with Semitropic. The major stipulation is that the water cannot leave the County There have also been recent discussions with Lost Hills and Wheeler Ridge Water Districts regarding purchases or exchanges for storage. Semitropic-Rosamond JPA Activities The Manager reported that there have been significant discussions between JPA members and Antelope Valley-East Kern Water Agency staff and Board members regarding the Antelope Valley Water Bank and working together on a water banking project. Discussion followed. Energy Activities Manager Boschman presented the Board with an award that the District received thru the Flex Your Power Program with EnerNoc under the demand response energy program. Denise Newton from PG&E introduced Brenda Baldwin who is assuming responsibility as the District s new service representative. 5

6 Poso Creek IRWMP District Engineer, Paul Oshel, reported that a grant application was submitted to the Bureau of Reclamation for possible funding available for water conservation plans. Representatives from the Poso Creek Integrated Regional Water Management Plan Group have a meeting scheduled with Department of Water Resources to discuss and determine if the Poso Creek IRWMP meets their standards. Delta Coalition Update Director Waterhouse reported on a recent meeting with the Delta Coalition. A presentation was made where studies indicate a decline in the Delta Smelt due to its main predators, the Big Mouth Bass and the Striped Bass which is contrary to the believe that the pumps in the Delta are killing the Delta Smelt. It was reported that about 50% of Kern County farmers are funding the coalition which is divided in two groups landowners and committee members who formed the coalition. Discussion followed. Director Crettol left the meeting at 3:00 p.m. Consultant s Reports District consultant, John Jones, reported on water well drilling operations, well developing, the right-of-way easements and land purchases for the SWRU Phase II project. Mr. Jones also reported that the County does not have enough staff to inspect every well project and appreciates the District s past good judgment to follow County rules and regulations in regards to well drilling procedures which makes their inspection job easier. Mr. Jones also reported that the water well video camera has had frequent use by District landowners both before and after their well has been repaired. Office Addition The Manager reported slow progress toward getting the office drawings and bid documents for the office addition. 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 December 2008, which was accepted for filing. Mr. Rhone also reported on engineering activities related to various projects including filing grant applications for the Poso Creek IRWMP and construction projects the P-565 Distribution System and 2008/2009 Winter Improvement Projects, including the Reverse Flow 6

7 Pumping Plant at Gun Club and the P-643 Pumping Plant. Discussion followed. The intentions are to start filling the canal on February 1. Closed Session At 3:30 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) 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) At 3:55 p.m. the Board reconvened to open session. President Wegis stated that several items were discussed, including land negotiations and hiring a State lobbyist. On motion by Director Waterhouse, seconded by Director Tracy, the Board authorized the General Manager to negotiate and execute a consulting agreement for up to one year with a State lobbyist regarding water well ordinances. At 4:00 p.m. the Board went into executive session to discuss personnel issues and all staff left at that time. At 4:40 p.m. the meeting was adjourned by President Wegis until Wednesday, January 28, 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