REGULAR BOARD MEETING

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1 REGULAR BOARD MEETING March 19, 2019

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6 Agenda Item: D-1 Date: 03/19/19 THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF STOCKTON EAST WATER DISTRICT WAS HELD AT THE DISTRICT OFFICE 6767 EAST MAIN STREET, STOCKTON, CA ON TUESDAY, MARCH 12, 2019 AT 12:00 NOON A. PLEDGE OF ALLEGIANCE AND ROLL CALL President Panizza called the regular meeting to order at 12:24 p.m., and Manager Moody led the Pledge of Allegiance. Present at roll call were Directors Atkins, Cortopassi, McGaughey, McGurk, Panizza, Sanguinetti and Watkins. Also present were Manager Moody, Assistant Manager Lee, Finance Director Vega, Administrative Services Manager Carido, Administrative Clerk Curtis, Legal Counsel Zolezzi and Consultant Barkett. B. CONSENT CALENDAR (None) C. PUBLIC COMMENT (None) D. SCHEDULED PRESENTATIONS AND AGENDA ITEMS 1. Association of California Water Agencies/Joint Powers Insurance Authority Refund Check Presentation Manager Moody introduced Dianna Sutton, Finance Manager with ACWA/JPIA. Ms. Sutton attended the meeting to present the Board with a refund check from the ACWA/JPIA Insurance Programs (Liability, Property and Workman s Compensation). Ms. Sutton informed the Board the District has done a good job keeping insurance claims to a minimum and participating in ACWA/JPIA training, which also contributes to reduced claims. The District currently utilizes the ACWA/JPIA online system for training as well. Ms. Sutton informed the Board that there have been three members of staff who have graduated from the Professional Development Program. Ms. Sutton presented the District with a check in the amount of $64,159. Manager Moody reported when he began working at the District the safety program was lacking. He since has required management to be a part of the Safety Committee, which meets monthly; conducts safety walk-throughs; writes policies and discusses training. Employees have responded quite well to the enhanced safety enforcement and training. Director Sanguinetti commented that safety starts from the top down. Manager Moody s diligence is part of the reason the District has been receiving good marks from ACWA/JPIA. Director McGurk inquired where the refund monies will be deposited. Manager Moody replied the money goes back into the ACWA/JPIA budget and gets credited back at the end. 2. Minutes 03/05/19 Regular Meeting A motion was moved and seconded to approve the March 5, 2019 Regular Meeting Minutes, as presented. Roll Call: Ayes: Atkins, Cortopassi, McGaughey, McGurk, Panizza, Sanguinetti, Watkins DRAFT Board Meeting 03/12/19 1 Draft 1

7 Nayes: Abstain: Absent: None None None Director McGurk inquired on the lubricant spray purchase reported out in the warrants at the March 5, 2019 Regular Board Meeting. Manager Moody replied it is food grade lubricant that is used to lubricate the bridge in the Sed Basins. Manager Moody provided the Board with information on the PG&E for electricity 12/20/18-01/21/19 WTP east side feeder charge that was reported out in the warrants at the March 5, 2019 Regular Board Meeting. This line item is referred to as the east side feeder as the charges are for Low Lift and the Treatment Plant, which is the east side of the District. 3. Warrants California Public Employees Retirement System A motion was moved and seconded to approve the March 12, 2019 Warrants California Public Employees Retirement System, as presented. Roll Call: Ayes: Atkins, Cortopassi, McGaughey, McGurk, Panizza, Sanguinetti, Watkins Nayes: None Abstain: None Absent: None 4. Business Consultant Agreements 04/01/19 03/31/20 a. Anthony Barkett A motion was moved and seconded to approve Business Consultant Agreement with Anthony M. Barkett for a one-year period from April 1, 2019 through March 31, Roll Call: Ayes: Atkins, Cortopassi, McGaughey, McGurk, Panizza, Sanguinetti, Watkins Nayes: None Abstain: None Absent: None b. Doyce Boesch A motion was moved and seconded to approve Business Consultant Agreement with Doyce Boesch for a one-year period from April 1, 2019 through March 31, Roll Call: Ayes: Atkins, Cortopassi, McGaughey, McGurk, Panizza, Sanguinetti, Watkins Nayes: None Abstain: None Absent: None $500.DRAFT San Joaquin Council of Governments One-Voice Legislature Trip Sponsorship Form Manager Moody provided the Board with a sponsorship form for the 2019 San Joaquin Council of Governments (SJCOG) One-Voice Legislature Trip. Manager Moody queried the Board about sponsoring the SJCOG Trip as has been done in the past at the Cabinet Level in the amount of Board Meeting 03/12/19 2 Draft 2

8 A motion was moved and seconded to sponsor the 2019 San Joaquin Council of Governments One Voice Trip at the Cabinet level in the amount of $500. Roll Call: Ayes: Atkins, Cortopassi, McGaughey, McGurk, Panizza, Sanguinetti, Watkins Nayes: None Abstain: None Absent: None 6. Resolution No Authorization to Transfer Funds From Water Fund No During Fiscal Year 2019/2020 Manager Moody provided the Board with Resolution No Authorizing San Joaquin County Auditor Controller s Office to Make Direct Deposits (Fund No ). This Resolution is required annually and directs the County to move funds automatically within District funds as funds go into Fund No A motion was moved and seconded to approve Resolution No Authorizing San Joaquin County Auditor Controller s Office to Make Direct Deposits out of water Fund No to Various Funds and to U.S. Bank for distribution to COP Series 2002A and 2002B Bondholders during Fiscal Year April 1, 2019 to March 31, Roll Call: Ayes: Atkins, Cortopassi, McGaughey, McGurk, Panizza, Sanguinetti, Watkins Nayes: None Abstain: None Absent: None 7. Draft Senate Bill 669 (Caballero) Safe Drinking Water Trust Letter of Support Manager Moody provided the Board with a draft version of Senate Bill 669 (Caballero) Safe Drinking Water Trust Letter of Support. Manager Moody reported Association of California Water Agencies (ACWA) is requesting support from Districts. This is ACWA s way to eliminate the water tax by creating a trust fund at the state level using budget surplus funds. Manager Moody reported past discussion has included a tax on nitrogen in this water tax for both Ag and Urban. ACWA remains opposed to the tax on drinking water. Director Watkins inquired if this law still includes the tax on fertilizer. Manager Moody replied this law is not inclusive of the fertilizer tax. Manager Moody added he has heard some discussion that ACWA would not be opposed to the nitrogen tax if they could at least eliminate the water tax. Director Cortopassi inquired if this law is another way to fund disadvantaged communities. Manager Moody replied yes. Director Sanguinetti commented the Board should consider supporting the creating of a trust, as it is a better alternative to what is being proposed. A motion was moved and seconded to approve sending Senate Bill 669 (Caballero) Safe Drinking Water Trust Letter of Support, as presented. Roll Call:DRAFT Board Meeting 03/12/19 3 Draft 3

9 Ayes: Nayes: Abstain: Absent: Atkins, Cortopassi, McGaughey, McGurk, Panizza, Sanguinetti, Watkins None None None 8. Fiscal Year-End Recap of Base Monthly Payments Manager Moody provided the Board with an update on the status of the Base Monthly Payment (BMP) year-to-date. Manager Moody reported this report shows figures through March 1, Manager Moody reported March 1, 2019 was when the BMP was due to end the Fiscal Year. As of March 12, 2019, the District is underfunded by $156, for the Fiscal Year. There is only one contractor who has not paid in full. The contractor will be sent a late notice with penalty. This item was for information only. E. COMMITTEE REPORTS 1. San Joaquin County & Delta Water Quality Coalition Meeting, 03/11/19 Director Atkins attended the March 11, 2019 San Joaquin County & Delta Water Quality Coalition Meeting. Director Atkins reported there was discussion on the Financial Report. The only line that was not included in the report was the State Budget Fees. The Coalition is projecting an increase of $0.10 per acre. There was discussion on Membership and grower meetings. Director Atkins reported discussion during the Program Manager Report included detection at Duck Creek for a new product. This detection has not yet hit the limit. There was report of algae toxicity issues at Robert s Island. Samples were taken from drains around the area. They are unsure what is causing toxicity in the algae. The Coalition hopes to hold an outreach to discuss the algae toxicity. There was discussion on the new regulations of water cleanliness. Phosphorous has to be at.08 milligrams per liter and nitrogen must be at.37 milligrams per liter. If these standards are not met, landowners either have to restore the stream they are diverting into or pay the State Board. Currently, drinking wells have a requirement of 10 milligrams per liter and that number will need to get down to the maximum threshold of.37 milligrams per liter. Director Cortopassi inquired at the meeting who is responsible for water in the stream. The answer was if SEWD diverts water, they are responsible for the mitigation. Director Atkins reported there was discussion on the CV Salts membership price being increased to $35,000. The next meeting is scheduled for April 8, F. REPORT OF GENERAL MANAGER 1. Water Supply Report as of 03/11/19 Manager Moody provided a handout of the Water Supply Report for information only that included storage, release, and production data collected from various sources as of midnight last night. DRAFT There is 191,982 AF in storage at New Hogan Reservoir. Current releases are set at 595 cfs. There is 2,050,853 AF in storage at New Melones Reservoir. Current release at Goodwin Dam to Stanislaus River are set at 5,022 cfs and release to all water users are set at 5,022 cfs. There are no irrigator(s) on New Hogan, New Melones or Out-of-District. The water treatment plant is currently processing 19 mgd. The City of Stockton is currently processing 7 mgd. 2. Information Items: Manager Moody noted items: F2a-1, F2a-2 and F2a-3. Board Meeting 03/12/19 4 Draft 4

10 Director Cortopassi inquired on F2a-2 regarding how Temperance Flat Dam can be built with the 40% unimpaired flow criteria. Legal Counsel Zolezzi reported Temperance Flat Dam is above Friant so they are not held to the 40% threshold. 3. Report on General Manager Activities a. ACWA Legislative Symposium, 03/06/19 Assistant Manager Lee attended the March 6, 2019 ACWA Legislative Symposium. Assistant Manager Lee reported discussion focused on Safe and Affordable Drinking Water and Groundwater Recharge Legislation. ACWA was explaining how the trust fund will work if they have the support to move forward. There was discussion on groundwater storage being considered as beneficial use. The majority of attendees thought this was a good idea. Assistant Manager Lee reported the Keynote Speaker at lunch was Senator Henry Stern. He provided a general view on where the state is headed and Governor Newsom s plans. b. Stockton East Water District Activities Update i. SEWD Employee Bowling Event, 03/09/19 Manager Moody reported the District s Wellness Committee sponsored a bowling event for employees and their families at Pacific Avenue Bowl on Saturday, March 9, Manager Moody reported this is one of the events the Wellness Committee hosts with its annual grant funding, in addition to the Frisbee golf, basketball hoops and other seminars. ii. Agricultural Operations Committee Meeting Query Water Rates Manager Moody queried the Agricultural Operations Committee as to if they would like staff to available dates to schedule a Committee Meeting to discuss the 2019/2020 water rates. Director Cortopassi replied yes. Manager Moody reported that ACWA/JPIA has availability in the month of July to host mandated sexual harassment training for the Board onsite. President Panizza inquired if this can also be taken online. Manager Moody replied yes or at an ACWA Conference. G. DIRECTOR REPORTS 1. Agricultural Operations Committee Meeting, 02/21/19 Director Atkins, Cortopassi, Watkins and Alternate Sanguinetti attended the February 21, 2019 Agricultural Operations Committee Meeting. Director Cortopassi reported there were a number of items discussed and the Committee decided to schedule a future meeting to discuss the items further. Manager Moody reported the Committee is working to consolidate a handful of rules into one, instead of having multiple rules that potentially conflict one another. One rule being the meter program and how the District plans to move forward. The Committee is looking at procedural items. Director Cortopassi inquired if it would be possible to have the rules reviewed by Legal Counsel to assist with the legality. Manager Moody replied yes. DRAFT 2. Greater Stockton Chamber of Commerce Monthly Mixer Banner Island Ballpark, 03/07/19 Director Watkins attended the March 7, 2019 Greater Stockton Chamber of Commerce Monthly Mixer at Banner Island Ballpark. Director Watkins reported it was a relatively small crowd and not much to report. H. COMMUNICATIONS (None) Board Meeting 03/12/19 5 Draft 5

11 I. AGENDA PLANNING/UPCOMING EVENTS 1. Groundwater Sustainability Plan Advisory Committee (PAC) Meeting, 9:00 a.m., 03/13/19 2. Eastern San Joaquin Groundwater Authority Joint Exercise of Powers Authority Meeting, 11:00 a.m., 03/13/19 3. Eastern San Joaquin Groundwater Authority Informational Meeting (SGMA Outreach Meeting), 4:00 p.m., 03/13/19 4. ACWA State Legislative Committee Meeting, 10:00 a.m., 03/15/19 5. Central Valley Project Water Association Executive & Financial Affairs Committee, 10:00 a.m., 03/15/19 6. Annual Ag BBQ At The Lodi Grape Festival Grounds Hosted By F&M Bank, 11:00 a.m., 03/19/19 J. REPORT OF THE COUNSEL 1. Closed Session - Existing Litigation Stockton East Water District vs. City of Stockton, et al. Government Code (a) 2. Closed Session - Potential Litigation Government Code (c) one case President Panizza adjourned the meeting to closed session at 1:15 p.m. to discuss closed session agenda items. The regular meeting reconvened at 2:04 p.m., with no reportable action. K. ADJOURNMENT President Panizza adjourned the meeting at 2:05 p.m. Respectfully submitted, Scot A. Moody Secretary of the Board tbc DRAFT Board Meeting 03/12/19 6 Draft 6

12 7 Agenda Item: D-2a Date: 03/19/19

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14 9 Agenda Item: D-2b Date: 03/19/19

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16 11 Agenda Item: D-2c Date: 03/19/19

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18 13 Agenda Item: D-2d Date: 03/19/19

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20 15 Agenda Item: D-2e Date: 03/19/19

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22 17 Agenda Item: D-2f Date: 03/19/19

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24 19 Agenda Item: D-2g Date: 03/19/19

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26 21 Agenda Item: D-2h Date: 03/19/19

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28 23 Agenda Item: D-3 Date: 03/19/19

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32 Agenda Item: E-1 Date: 03/19/19 AGENDA Wednesday, March 13, :00 a.m. 10:30 a.m. San Joaquin County Robert J. Cabral Agricultural Center 2101 E. Earhart Avenue Assembly Room #1, Stockton, California I. Call to Order/Pledge of Allegiance & Safety Announcement/Introductions II. III. IV. SCHEDULED ITEMS Presentation materials to be posted on ESJGroundwater.org and ed prior to the meeting. Copies of presentation materials will be available at the meeting. A. Discussion /Action Items: 1. Approval of Minutes of February 13, 2019 (See Attached) 2. Summary of Approach for Water Budget and Plan Finalization 3. Possible Recommendation Regarding Water Budget Planning Estimates i. Long Term Average Imbalance ii. Sustainability Yield 4. Possible Recommendation Regarding Sustainability Indicators 5. Possible Recommendation Regarding Monitoring, Measuring and Model Refinements 6. Possible Recommendation Regarding Project Implementation 7. Possible Recommendation Regarding Management Actions 8. Discussion on Groundwater Dependent Ecosystems 9. April Agenda Items Public Comment (non agendized items) Future Agenda Items V. Adjournment ADVISORY COMMITTEE MEETING Next Regular Meeting April 10, 2019 at 9:00 a.m. San Joaquin County Robert J. Cabral Agricultural Center 2101 E. Earhart Ave., Assembly Rm. #1, Stockton, California Action may be taken on any item Agendas and Minutes may also be found at Note: If you need disability related modification or accommodation in order to participate in this meeting, please contact San Joaquin County Public Works Water Resources Staff at (209) at least 48 hours prior to the start of the meeting. 27

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34 Agenda Item: E-2 Date: 03/19/19 Board of Directors Meeting AGENDA Wednesday, March 13, :00 a.m. 12:00 p.m. San Joaquin County Robert J. Cabral Agricultural Center 2101 E. Earhart Avenue Assembly Room #1, Stockton, California I. Call to Order/Pledge of Allegiance & Safety Announcement/Roll Call II. SCHEDULED ITEMS Presentation materials to be posted on ESJGroundwater.org and ed prior to the meeting. Copies of presentation materials will be available at the meeting. A. Discussion/Action Items: 1. Approval of Minutes of February 13, 2019 (See Attached) 2. Roadmap Update and Deliverables (See Attached) 3. Outreach & Groundwater Sustainability Workgroup Update (See Attached) 4. DWR Update 5. April Agenda Items B. Informational Items (see attached): 1. February 23, 2019, from Ara Marderosian, Analysis Says to End Valley s Groundwater Overdraft, Farmland Must be Retired 2. February 28, 2019, Notification From Department of Water Resources, SGMO News: February Newsletter 3. February 28, 2019, ppic.org, Video: Water and the Future of the San Joaquin Valley 4. March 1, 2019, mercurynews.com, Sierra Nevada Snowpack through February Fifth Largest in 40 Years 5. March 4, 2019, waterinthewest.stanford.edu, Measuring Success in Groundwater Management 6. March 5, 2019, popsci.com, Why California s Droughts and Floods Will Only Get Worse (Continued on next page) 29

35 EASTERN SAN JOAQUIN GROUNDWATER AUTHORITY Board of Directors Meeting AGENDA (Continued) III. Public Comment (non agendized items) IV. Directors Comments V. Future Agenda Items VI. Adjournment Next Regular Meeting April 10, 2019 at 11:00 a.m. San Joaquin County Robert J. Cabral Agricultural Center 2101 E. Earhart Ave., Assembly Rm. #1, Stockton, California Action may be taken on any item Agendas and Minutes may also be found at Note: If you need disability related modification or accommodation in order to participate in this meeting, please contact San Joaquin County Public Works Water Resources Staff at (209) at least 48 hours prior to the start of the meeting. 30

36 EASTERN SAN JOAQUIN GROUNDWATER AUTHORITY 1810 E. Hazelton Avenue P. O. Box 1810 Stockton, CA Agenda Item: E-3 Date: 03/19/19 (209) esjgroundwater.org Eastern San Joaquin Groundwater Authority Groundwater Sustainability Workgroup March 13, :30 p.m. San Joaquin County Public Works Department 1810 E. Hazelton Ave., Stockton, CA Conference Room A I. Welcome Agenda II. III. IV. Meeting Objectives Roadmap Update Groundwater-Dependent Ecosystems Working Session: Map mark up activity to ground-truth areas identified as potential GDEs based on preliminary analysis V. Policy Elements Related to Implementation Plan Presentation and Discussion: Review Advisory Committee recommendations on policy decisions related to Implementation Plan Discussion: Consider approaches to addressing undeveloped agricultural land VI. Announcements VII. Other Topics a. Non-agenda Items b. Public Comment 31

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38 Agenda Item: F-1 Date: 03/19/19 Weekly Water Report As of: Mar. 11, 2019 As of: Mar. 18, 2019 New Hogan (NHG) TOC 167,850 AF Storage: 191,982 AF Net Storage Change: -4,636 AF Inflow: 1,075 CFS Release: 595 CFS New Melones (NML) Allocation 75,000 AF Storage: 2,050,853 AF Net Storage change: +20,720 AF Inflow: 3,612 CFS Release: 4,368 CFS Source: CDEC Daily Reports Goodwin Diversion (GDW) Inflow (Tulloch Dam): 4,681 CFS Release to Stanislaus River (S-98): 5,022 CFS Release to OID (JT Main): 0 CFS Release to SSJID (SO Main): 0 CFS Release to SEWD: 0 CFS Total Release 5,022 CFS Source: Tri-Dam Operations Daily Report Farmington Dam (FRM) Diverted to SEWD: 0 CFS Diverted to CSJWCD: 0 CFS Source: USACE WCDS Hourly Report Surface Water Used Irrigators on New Hogan: 0 Irrigators on New Melones: 0 Out-Of-District Irrigators: 0 DJWWTP Production: 19 MGD North Stockton: 0 MGD South Stockton: 4 MGD Cal Water: 15 MGD City of Stockton DWSP Production: 7 MGD District Ground Water Extraction GPM GPM North 0 GPM South 0 GPM Extraction Well # 1 0 GPM Total Well Water Extraction 0 GPM Note: All flow data reported here is preliminary and subject to revision. 33

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40 Agenda Item: F-3a Date: 03/19/19 AGENDA ACWA State Legislative Committee March 15, 2019 Capitol Event Center, th St. Sacramento 10:00 a.m. 12:00 p.m. 1. Welcome Brian Poulsen, Chair 2. Self-Introductions Members, Staff, Guests 3. Executive Director s Report Dave Eggerton A. Federal Update B. Other 4. Deputy Executive Director for Government Relations Report Cindy Tuck A. Proposed Water Tax B. ACWA/CMUA-Sponsored Safe Drinking Water Trust Bill (SB 669, Caballero) 5. Review of Bill Packets #1, #2, and #3 Brian Poulsen 6. Review of Paradise Irrigation District Budget Request Adam Quiñonez 7. State Wetland Definition & Procedures for Discharges of Chelsea Haines Dredge or Fill Material to Waters of the State 8. Statewide Toxicity Provisions Chelsea Haines 9. IRWM Policy Principle Revisions Dave Bolland 10. Other Business 11. Adjourn Reminder: Next State Legislative Committee Meeting is on April 5, 2019 *Bill packets are also available online by logging on to To access, go to the About My ACWA tab > ACWA Committees > State Legislative > 2019 State Legislative Committee Meeting Materials (Members Only) Page 2 35

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42 Agenda Item: F-3b Date: 03/19/19 Financial Affairs Committee (FAC) Meeting Agenda March 15, 2019 The meeting begins at 10:00 a.m. at the Federal Building s cafeteria conference room C-1003, 2800 Cottage Way in Sacramento, CA. The call-in number is (866) and the pass code is Opening Business The Next Scheduled Meetings are as follows: April 19, 2019 (10:00-11:30 p.m.) FAC Contractors Only Meeting / Conference Call May 17, 2019 (10:00-11:30 p.m.) in Room C-1003 at 2800 Cottage Way in Sacramento, CA Comments on the January 18, 2019 Draft Meeting Notes Handout 1 2. B.F. Sisk Safety of Dams Reclamation (Mynul Chowdhury, Project Manager) to Provide Status Update 3. Follow-up Action Items Larry to finalize September 21, 2018 FAC meeting notes. Action completed 1/21/19. Status of draft letter from CCAO Manager signaling substantial completion of the Folsom Safety of Dams (SOD) construction costs. Status update on the Trinity PUD assessment schedules. 37

43 4. Report on Executive Committee Meeting EC Members to Provide Status Update 5. CVP Cost Allocation Study Reclamation (Michael Mosley, Program Manager) to Provide Status Update 6. CVPIA Croffsets Reclamation to Provide Status Update 7. Finalization of CVP M&I Water Ratesetting Policy Reclamation to Provide Status Update 8. Aging Infrastructure Reclamation (Jesus Reynoso) to Provide Status Update on Latest Proposal 9. BORWORKS Discussion on Monthly Water Reports and Status of Advance Payment Accountings 10. San Luis Joint Use O&M Cost Reallocation Study Reclamation to Provide Status Update 11. Other 2 38

44 39 Agenda Item: H-1 Date: 03/19/19

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