MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD MT. VIEW SANITARY DISTRICT JUNE 11, 2009

Transcription

1 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD MT. VIEW SANITARY DISTRICT JUNE 11, 2009 The District Board of the Mt. View Sanitary District convened in a regular session at its regular place of meeting, Mt. View Sanitary District Meeting Room, 3800 Arthur Road, Martinez, County of Contra Costa, State of California, on June 11,2009, at 6:31 p.m. ROLL CALL OF DIRECTORS PRESENT: Directors David P. Maggi, Elmer "AI" J. Schaal and Randell E. Williams, Vice President Stanley R. Caldwell and President Gregory T. Pyka Also Present: STAFF - District Manager David R. Contreras, Assistant District Manager Michael D. Roe, Secretary Sheri L. Riddle, District Engineer Randolph W. Leptien and District Counsel J. Daniel Adams PUBLIC - PUBLIC COMMENT CONSIDER ADOPTION OF MOTIONS APPROVING MINUTES, CHECKS, AND PAYMENT ORDERS 1. CONSIDER ADOPTION OF A MOTION APPROVING MINUTES A. MAY 7,2009, SPECIAL BOARD MEETING It was moved by Director Schaal, seconded by, to approve the minutes of the May 7,2009, special board meeting.

2 Regular Board Meeting: 6/11/2009 Page 2 B. MAY 26,2009, FINANCE COMMITTEE MEETING It was moved by Vice President Caldwell, seconded by Director Schaal, to approve the minutes of the May 26, 2009, finance committee meeting. C. MAY 28,2009, REGULAR BOARD MEETING District Manager Contreras reported that the minutes for the May 28, 2009, regular board meeting are not available. This item was continued to the next regular board meeting. 2. GENERAL FUND NO A. CONSIDER ADOPTION OF A MOTION APPROVING THE VOIDING OF CHECK NUMBERS THROUGH AND THROUGH DATED MAY 22,2009 It was moved by Director Williams, seconded by Director Maggi, to approve the voiding of General Fund 3409 Check Numbers through and through dated May 22,2009. B. CONSIDER ADOPTION OF A MOTION APPROVING CHECKS DATED JUNE 12, 2009 It was moved by Vice President Caldwell, seconded by, to approve General Fund 3409 Check Numbers through dated June 12, 2009.

3 Regular Board Meeting: 6/11/2009 Page 3 3. FACILITIES REHABILlTAllON FUND CONSIDER ADOPTION OF A MOTION APPROVING PAYMENT ORDER NUMBER 287 It was moved by Director Williams, seconded by Director Schaal, to approve Facilities Rehabilitation Fund 3410 Payment Order Number CAPITAL OUTLAY FUND CONSIDER ADOPTION OF A MOTION APPROVING PAYMENT ORDER NUMBERS 2135 THROUGH 2138 It was moved by Vice President Caldwell, seconded by, to approve Capital Outlay Fund 3412 Payment Order Numbers 2135 through CONSTRUCTION FUND CONSIDER ADOPTION OF A MOTION APPROVING PAYMENT ORDER NUMBER 583 It was moved by Director Williams, seconded by Director Schaal, to approve Construction Fund 3415 Payment Order Numbers 583.

4 Regular Board Meeting: 6/11/2009 Page 4 noted there was a request to digress to Agenda Item 22. Attorney Adams explained that special counsel is available by cell phone until 7 p.m. tonight. Hearing no objections, the board digressed to Agenda Item 22. CLOSED SESSION 22. EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE A closed session was held from 6:37 p.m. to 6:59 p.m. REPORT OUT OF CLOSED SESSION reported the board discussed the matter with District Counsel and staff and gave direction. PUBLIC HEARING 6. ORDINANCE REGULATING SEWER USER SERVICE CHARGES AND FEES FOR PLAN REVIEW, MAPPING, INSPECTION, ANNEXATION, TRUNK SEWERS, PLANT CAPACITY, MOBILE HOMES AND PERMIT EXTENSIONS A. RECEIVE REPORT FROM STAFF Engineer Leptien reported that in 2006 the board received a report from both him and Bartle Wells Associates regarding the need to increase the rates to pay for implementation of the Sewer System Management Plan (SSMP) as well as to provide funding for capital improvements that could no longer be funded by connection permits. An increase of up to $49.00 a year for 3 years and then by CPI thereafter was approved by the board in Fiscal Year was the last year of the 3-year increase. Last year, the board adjusted commercial rates for certain users. Engineer Leptien reported the current April to April CPI is 0.8 %. Engineer Leptien explained the proposed new rates and stated that, due to a new law, which states that notice has to be given in writing once every 5 years if rates are to be increased by the CPI and new rates will not become effective until 30 days after notice is given, this year's rates will become effective August 1 st instead of July 1 st. Therefore, the actual increase is less than 0.8 % annualized. Included in the packet is the proposed ordinance increasing rates. Engineer Leptien stated the 5-year history of rates normally provided at this time

5 Regular Board Meeting: 6/11/2009 PageS of year is not in packet, but he will provide it to the board later. The agenda requires the board open the public hearing, ask for public comment, then close the public hearing. B. PUBLIC HEARING 1) OPEN PUBLIC HEARING opened the public hearing. 2) RECEIVE PUBLIC TESTIMONY There was no public testimony. 3) CLOSE PUBLIC HEARING closed the public hearing. C. CONSIDER ADOPTION OF ORDINANCE NO PROMULGATING GENERAL REGULATION NO.1 00 AND PROVIDING A SCHEDULE FOR DISTRICT CHARGES AND FEES It was moved by, seconded by Director Schaal, to adopt Ordinance No promulgating General Regulation No. 100 and providing a schedule for District fees and charges. OLD BUSINESS 7. PUMP STATION NO.1 EMERGENCY REPAIRS PROJECT Engineer Leptien reported the District is in a tenuous situation with Pump Station No. 1 until we have a new contract for the permanent improvements. He indicated that the District would be going out to bid shortly for these improvements. He reviewed the need to continue the emergency repairs project, including the recent electrical problems. Engineer Leptien recommended the adoption of a motion by 4/5 th vote to continue the emergency repairs project.

6 Regular Board Meeting: 6/11/2009 Page 6 A general discussion ensued regarding the pump station emergency repairs project. B. CONSIDER ADOPTION OF A MOTION DETERMINING THAT THERE IS A NEED TO CONTINUE WITH THIS EMERGENCY REPAIR PROJECT (REQUIRES AT LEAST FOUR AFFIRMATIVE VOTES) It was moved by Vice President Caldwell, seconded by, to determine there is a need to continue with this emergency repair project. 8. PACHECO BLVD-ARTHUR RD. MANHOLE REHABILITATION PROJECT Engineer Leptien reported that during the Pacheco Shell Manhole Project, it was determined that it would be prudent to check other force mains for corrosion issues. Senior Operator Mike Roderick notified the District that there was a corrosion problem downstream from Pump Station NO.2. We have asked Engineer Ed Nute to prepare a set of plans and bid documents. Engineer Leptien reviewed areas of concern and stated the District is not committing to proceed with a construction project at this time. We will have time to do the work. Engineer Leptien reviewed the special application of an epoxy coating that may be used to remedy the majority of the problems. Attorney Adams stated he spoke with the Engineer earlier today. The matter before the Board is the approval of the Consulting Services Agreement with the attachment, striking Schedule B which is the construction review. Only Schedule A is before the board for approval at this meeting; Schedule B is deleted. B. CONSIDER ADOPT10N OF MOTION AUTHORIZING PRESIDENT TO EXECUTE STANDARD CONSULTING SERVICES AGREEMENT WITH NUTE ENGINEERING AS AMENDED FOR DESIGN OF PACHECO / ARTHUR MANHOLE REHABILITATION IMPROVEMENTS It was moved by, seconded by Director Williams, to authorize President to execute the standard consulting services agreement with Nute Engineering for design of Pacheco/Arthur Manhole Rehabilitation Improvements.

7 Regular Board Meeting: 6/ Page 7 Directors Maggi, Schaal I and Williams, Vice President Caldwell and 9. IMPLEMENTATION OF PUMP STATION AUDIT RECOMMENDATIONS Engineer Leptien stated this staff report is a culmination of a lot of work that has taken place in the last six months. The January 5, 2009 SSO prompted the commission of the pump station audit. Assistant District Manager Roe stated the District hired Whitley Burchett to prepare the expert opinion that was submitted to the Water Board which reduced the District's culpability as alleged in the ACL. During that process, Whitley Burchett discovered some deficiencies which were passed on to Nute Engineering. Engineer Leptien stated the proposed improvements to the pump stations are maintenance type items that can be implemented over time. We asked Engineer Nute fot a proposal to guide maintenance staff in installing these improvements and oversee the installation of the electrical and mechanical items over time. Engineer Leptien recommended approval of the standard consulting services agreement. Director Schaal noted a discrepancy with regard to pump stations referenced in Schedule A and Schedule B. After review, Engineer Leptien stated that Schedule B needs to be corrected to indicate the work is for Pump Station Nos. 3 and 4 as well as No 2. Engineer Leptien provided corrections to Secretary Riddle. Engineer Leptien and District Manager Contreras provided a general history of the pump stations, their installation and various improvements. A general discussion ensued. B. CONSIDER ADOPTION OF MOTION AUTHORIZING PRESIDENT TO EXECUTE STANDARD CONSULTING SERVICES AGREEMENT AS AMENDED WITH NUTE ENGINEERING FOR ASSISTANCE WITH IMPLEMENTATION OF PUMP STATION AUDIT RECOMMENDATIONS It was moved by Vice President Caldwell, seconded by Director Maggi, to authorize President to execute the standard consulting services agreement with Nute Engineering for assistance with implementation of pump station audit recommendations.

8 Regular Board Meeting: 6/11/2009 Page PUMP STATION NO.1 RENOVATION PROJECT Engineer Leptien reported the District is rebidding the project and hopes to have a revised bid at the July 9,2009 regular board meeting. In the meantime, he recommends the Board move forward with authorization to enter into standard Consulting Services Agreements with several parties and an agreement with PG&E as follows: 1. Agreement with Nute Engineering for construction management and on-site observation. 2. Agreement with Hultgren-TilliS Engineers for geotechnical engineering services during construction. This is an addendum to the current proposal. The actual amount for the addendum is $9, Agreement with Construction Testing Services for material testing and special inspections. 4. Agreement with PG&E for the design and installation of a new underground electrical service to the pump station. It was noted that the total fiscal impact as listed in the report of $156,832 was incorrect. The total for the Agreements with Nute Engineering, Hultgren-Tillis Engineers, and Construction Testing Services is $156,832. The Agreement with PG&E is $31, for electrical services. The total fiscal impact is therefore $188, Assistant District Manager Roe stated staff met with Whitley Burchett last week. At the meeting they reviewed the stimulus package situation wherein all the money for the stimulus was given to the applicants that were already in the queue. The money that may be available for our project is therefore State Revolving Fund monies. One outcome of meeting was a review of projects by Operations Manager Riddle, Assistant District Manager Roe and Engineer Leptien. one motion. Vice President Caldwell recommended the Board approve all items with

9 Regular Board Meeting: 6/11/2009 Page 9 B. CONSIDER ADOPTION OF MOTION AUTHORIZING PRESIDENT TO EXECUTE STANDARD CONSULTING SERVICES AGREEMENT WITH NUTE ENGINEERING FOR PUMP STATION NO.1 CONSTRUCTION MANAGEMENT AND ON-SITE OBSERVATION c. CONSIDER ADOPTION OF MOTION AUTHORIZING DISTRICT MANAGER TO EXECUTE STANDARD CONSULTING SERVICES AGREEMENT WITH HULTGREN-TILLIS ENGINEERS FOR PUMP STATION NO.1 GEOTECHNICAL ENGINEERING DURING CONSTRUCTION D. CONSIDER ADOPTION OF MOTION AUTHORIZING DISTRICT MANAGER TO EXECUTE STANDARD CONSULTING SERVICES AGREEMENT WITH CONSTRUCTION TESTING SERVICES, INC.FOR PUMP STATION NO.1 SPECIAL INSPECTIONS E. CONSIDER ADOPTION OF MOTION APPROVING AND AUTHORIZING PRESIDENT TO EXECUTE AGREEMENT WITH PG&E FOR DESIGN AND INSTALLATION OF PUMP STATION NO.1 UNDERGROUND ELECTRIC UNDERGROUND SERVICE It was moved by Vice President Caldwell, seconded by to approve Agenda Items 10 B through E. 11. DISCUSSION OF RETIREE HEALTH INSURANCE BENEFITS FOR NEW EMPLOYEES Assistant District Manager Roe referred to Director Schaal's May 28 th presentation and inquiries regarding the 5 year vesting of health benefits. Staff was asked to review the impact of 5 year vesting. This turns out to be a very significant undertaking, with lots of staff time involved. We do not have a final report today. Preliminary findings are the following: The retirement date must be within 120 days from the date of separation or the employee will not be eligible for the health benefits upon retirement.

10 Regular Board Meeting: 6/11/2009 Page 10 Since 1972 when the District entered the Public Employees Retirement Program (PERS) there have been 44 employees of the District. Seven employees have retired in the last 37 years. Fifty-two percent of the employees that worked here have separated and have not claimed the benefits. Thirty-two percent are current employees. Four employees who received retiree health benefits worked for the District between 5-10 years. Three employees who received retiree health benefits worked for the District more than 10 years. PERS has indicated in preliminary phone calls that variable vesting periods for retiree health benefits are possible. There are 7 employees who worked for the District long enough to qualify for the retiree health benefit but forfeited the benefit after separating because they did not retire within 120 days of separation from the District and were therefore not eligible. Staff has received enrollment packet information regarding the Other Post Employment Benefit Trust. Staff is reviewing the documentation and expects to come back at the July meeting with a staff report and recommendations. In addition, staff believes that we should add the task of investigating how funding the OPEB through a trust will affect the rates to the scope of work being performed by Bartle Wells Associates. B. PROVIDE DIRECTION TO STAFF The Board directed staff to continue working on the matter. 12. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION - BOARD OF DIRECTORS - CALL FOR NOMINATIONS - SEAT A - TERM WILL EXPIRE IN 2012 Secretary Riddle stated this item was on the agenda at the Jast meeting. It will remain on the agenda until action is taken by the Board or the deadline passes. good job. Vice President Caldwell commented that James Kohnen has been doing a B. DISCUSSION AND CONSIDERATION OF POSSIBLE NOMINATION FOR ELECTION AS A DIRECTOR OF CSDA After discussion, the Board determined they would take no action and let the candidates be nominated by another district.

11 Regular Board Meeting: 6/11/2009 Page CAUFORNIA SPECIAL DISTRICTS ASSOCIATION PROPOSED BYLAW AMENDMENTS A. REPORT FROM AD HOC COMMITTEE Vice President Caldwell reported at the last board meeting that the proposed bylaw amendments were to address language clean up and clarification. The Ad Hoc Committee which was formed at the last meeting reviewed both the 2004 and 2008 bylaws. The Committee is in agreement that the bylaws are ok as proposed and recommend their approval. B. CONSIDER ADOPTION OF A MOTION DETERMINING WHETHER THE DISTRICT SHOULD VOTE IN FAVOR OF ADOPTION OF THE PROPOSED CSDA BYLAWS AMENDMENTS It was moved by Director Maggi, seconded by Director Schaal, to determine that the District should vote in favor of adoption of the proposed CSDA Bylaws Amendments. 14. SEWER SYSTEM MANAGEMENT PLAN (SSMP) Engineer Leptien reported the District has previously completed and certified the three separate phases of the eleven elements of the SSMP as per the Water Board requirements. He reviewed action taken to date by the Board and staff, noting the eleven elements were prepared using guidelines that were issued by the Regional Water Quality Control Board as well as requirements by the State Water Resources Control Board Waste Discharge Requirements.. The last required task is to combine all eleven elements. The requirement varies by size of community. Communities with populations of 10,000 to 100,000 need to have their combined and completed SSMP approved by their board at a noticed public hearing before August 2, At the May 28, 2009 regular board meeting, the Board set a public hearing for July 9, The combined SSMP document attached to the staff report is for the Board's information prior to its consideration at the public hearing on July 9 th. Engineer Leptien commented that he would like to remind the Board that the SSMP is a living document and is subject to change. The deadline for certification to the Water Board of the Board's approval of the combined SSMP is August 2 nd.

12 Regular Board Meeting: 6/11/2009 Page 12 Attorney Adams noted that one reason staff is providing the document this evening is to allow the Board the opportunity to provide comments. Staff requests that the Board please provide comments by July 1 st NEW BUSINESS 15. JUNE 25, 2009 SPECIAL BOARD MEETING A. RECEIVE REPORT FROM STAFF Attorney Adams stated that the District previously took disciplinary action against an employee and reported the District's policy provides for protest by the employee. The process has reached the point where the employee has a right to a hearing before the Board. Policy 2260 provides that once the preliminary steps have occurred, the Board is the final authority on the matter. Attorney Adams stated the Board needs to notice the hearing. Attorney Adams explained the legal authority that requires a split of duties: The lawyer that prosecutes a dismissal claim on behalf of the District cannot be the same lawyer that advises the Board on this matter. Attorney Adams stated the decision was made early on that he would be the Board's advisor and another attorney will be presenting the case of the District as to why the employee's termination should be upheld. The hearing is at an open and public meeting if the employee requests it. If the hearing is closed, it still has to be noticed. Attorney Adams noted that he has intentionally not shared information on this matter with the Board in order for them to be fair and impartial decision makers. Attorney Adams reviewed the discipline and hearing process and requested the Board schedule a special board meeting for the hearing. session. District Manager Contreras noted the employee has requested a closed B. CONSIDER ADOPTION OF MOTION SCHEDULING A SPECIAL BOARD MEETING FOR 4:30 PM ON THURSDAY JUNE 25, It was moved by, seconded by Director Schaal, to schedule a special board meeting for 4:30 p.m. on Thursday, June 25, 2009.

13 Regular Board Meeting: 6111/2009 Page FISCAL YEAR BUDGETS A. RECEIVE REPORT FROM FINANCE COMMITTEE Vice President Caldwell reported the Finance Committee met with staff earlier in the week to finalize the budget. The District is not going to have to borrow as much as previously thought from reserves. We think we have a good budget. B. REVIEW FISCAL YEAR BUDGETS 1. OPERATIONS & MAINTENANCE FUND FACILITIES REHABILITATION FUND CAPITAL OUTLAY FUND CONSTRUCTION FUND 3415 District Manager Contreras reviewed the General Fund 3409 budget, specifically referring to line items included for the Administrative Civil Liability and studies as well as projected income information. District Manager Contreras reviewed the Facilities Rehabilitation Fund 3410 budget, stating there is no increase in the overall budget and staff is unsure what will happen to the ad valorem income which is used to fund this budget. Vice President Caldwell stated that, although Governor Schwarzenegger hasn't declared a fiscal emergency, under his general order that he published last week, the 4th paragraph indicated that they would need to borrow money from local governments. It was moved by Vice President Caldwell, seconded by to extend the meeting past 8:30 p.m. Directors Schaal, and Williams, Vice President Caldwell and Maggi District Manager Contreras reviewed the Capital Outlay Fund 3412 and Construction Fund 3415 budgets. District Manager Contreras reviewed the estimated year end reserves expected at the end of June District Manager Contreras reviewed the Teeter system used by the County and also stated he expects the Bartle Wells Associates report to address the reduction of reserves at the end of the next fiscal year. Vice President Caldwell stated it is the Finance Committee's recommendation that the Board approve the budgets as proposed.

14 Regular Board Meeting: 6/11/2009 Page 14 C. CONSIDER ADOPTJON OF A MOTION APPROVING FISCAL YEAR BUDGETS FOR FUNDS 3409, 3410, 3412, and 3415 It was moved by, seconded by Director Williams, to approve Fiscal Year Budgets for Funds 3409,3410,3412, and INTERFUND TRANSFERS Secretary Riddle stated the proposed transfers are budgeted and necessary to pay for improvement projects. B. CONSIDER ADOPTION OF A MOTION APPROVING RESOLUTION NO AUTHORIZING TRANSFER OF $1,150,000 FROM FUND 3409 TO FUND 3412 It was moved by Vice President Caldwell, seconded by Director Schaal, to approve Resolution No authorizing transfer of $1,150,000 from Fund 3409 to Fund B. CONSIDER ADOPTION OF A MOTION APPROVING RESOLUTION NO AUTHORIZING TRANSFER OF $300,000 FROM FUND 3409 TO FUND 3415 It was moved by Vice President Caldwell, seconded by Director Schaal, to approve Resolution No authorizing transfer of $300,000 from Fund 3409 to Fund 3415.

15 Regular Board Meeting: 6111/2009 Page DISCUSSION OF LAFCO RELATED ITEMS A. JUNE 8, 2009, NOTICE AND AGENDA FOR LAFCO SPECIAL MEETING B. JUNE 10, 2009, MEETING NOTICE AND AGENDA C. REPORT FROM DISTRICT'S LAFCO REPRESENTATIVE Vice President Caldwell reported he did not attend the June 8 th LAFCO meeting because it had to do with a Municipal Service Review (MSR)unrelated to the District. Vice President Caldwell noted LAFCO has hired another person to help them complete the MSRs. Vice President Caldwell stated he attended the June 10 th LAFCO meeting as a private citizen, not for the Board. He attended because the LAFCO agenda included the proposed City of Martinez annexation of a portion of Pacheco Blvd. to Highway 4. He reviewed matters discussed at the meeting including comments from concerned citizens and issues related to redevelopment and pre-zoning. The City of Martinez is also thinking of annexing portions of the Alhambra Valley. LAFCO is no taking action on that at this time. 19. CONSIDER ADOPTION OF A MOTION AUTHORIZING ADVANCEMENT OF UTILITY LABORER STEVEN P. THOMPSON FROM LEVEL II TO LEVEL III AT A MONTHLY SALARY OF $4, EFFECTIVE JULY 1, 2009 District Manager Contreras recommend advancement of utility laborer Steven P. Thompson from Level II to Level II!. B. CONSIDER ADOPTION OF A MOTION AUTHORIZING ADVANCEMENT OF UTILITY LABORER STEVEN P. THOMPSON FROM LEVEL II TO LEVEL III AT A MONTHLY SALARY OF $4, EFFECTIVE JULY 1, 2009 It was moved by Director Williams, seconded by, to authorize advancement of Utility Laborer Steven P. Thompson from Level II to Level III at a monthly salary of $4, effective July 1, 2009.

16 Regular Board Meeting: 6/11/2009 Page CONSIDER ADOPTION OF A MOTION AUTHORIZING ADVANCEMENT OF TECHNICAL SERVICES MANAGER IRENE M. CHANG FROM LEVEL III TO LEVEL IV AT A MONTHLY SALARY OF $8, EFFECTIVE JUNE 29, 2009 District Manager Contreras recommended advancement of Technical Services Manager Irene M. Chang from Level III to Level IV. B. CONSIDER ADOPTION OF A MOTION AUTHORIZING ADVANCEMENT OF TECHNICAL SERVICES MANAGER IRENE M. CHANG FROM LEVEL III TO LEVEL IV AT A MONTHLY SALARY OF $8, EFFECTIVE JUNE 29, 2009 It was moved by Vice President Caldwell, seconded by, to authorize advancement of Technical Services Manager Irene M. Chang from Level III to Level IV at a monthly salary of $8, effective June 29, CONSIDER ADOPTION OF A MOTION SCHEDULING AN ADJOURNED REGULAR BOARD MEETING FOR THURSDAY JUNE 18, 2009 Attorney Adams reported the Board previously scheduled the June 18, 2009 meeting as a special meeting. He recommended it be changed to an adjourned regular meeting as there may be items that come up after this meeting that need to be addressed, and they could not be added to the published agenda if the meeting is a special meeting. District Manager Contreras stated staff recommends changing the June 18, 2009 to an adjourned regular meeting.

17 Regular Board Meeting: 6/11/2009 Page 17 B. CONSIDER ADOPTION OF A MOTION SCHEDULING AN ADJOURNED REGULAR BOARD MEETING FOR THURSDAY, JUNE 18, 2009, AT 6:00 P.M. It was moved by Director Schaal, seconded by, to schedule an adjourned regular board meeting for Thursday, June 18, 2009, at 6:00 p.m. Attorney Adams stated that before the Board goes into closed session he would recommend letting the staff reports occur. Hearing no objections, digressed from the order of the agenda. REPORTS 24. DISTRICT MANAGER District Manager Contreras reported on the following items: There were no violations for the month of April. The District continues to receive congratulations on the May CSDA article. The LAFCO executive office stated MVSD is the model for other districts. He heard this week that the tide gates are opening. A mutual agreement exists between Rhodia and Mosquito Vector Control. 25. ASSISTANT DISTRICT MANAGER Assistant District Manager Roe expressed his thanks to the Board for approving his attendance at the General Manager Training. He provided a brief report and noted the training was very interesting and informative. 26. ENGINEER Engineer Leptien reported the following: There is no written Engineer's report. He has been very busy. He has been working closely with Operations Manager Riddle on the West Service Area project list. He noted that project may possibly be a State Revolving Fund project. He provided an update on the televising work.

18 Regular Board Meeting: 6/11/2009 Page ATTORNEY. He is meeting next week with Assistant District Manager Roe and Operations Manger Riddle to develop a rating system for the pipes. 28. SECRETARY Secretary Riddle stated she had items which need 's and Director Maggi's signatures. 29. DIRECTORS A. ELMER J. SCHAAL - CSDA LEADERSHIP ACADEMY - MODULE 3 - MODULE 3 - BOARD'S ROLE IN FINANCE AND FISCAL ACCOUNTABILITY, MAY 29,2009, SACRAMENTO, CA Director Schaal stated that he noticed televising being performed in front of his house the other day. He further stated that he when he used to televise lines when he worked for the County he used to do it after the rains had occurred. Director Schaal provided a report on CSDA Leadership Academy Module 3 and asked for questions. There were none. B. STANLEY R. CALDWELL - CSDA BUDGET ACTION DAY - JUNE 3, 2009 Vice President Caldwell reported on CSDA Budget Action Day stating he spoke with staff members Nancy Skinner and Joan Buchanan from Assemblyman Torlakson's and Sentator DeSaulnier's offices. He stated they all would prefer not to take Ad Valorem money from districts but they are limited with regard to what they can do to balance the budget and are unable to make any promises. A nice note was received from Steven Lesher of Shell Refinery regarding MVSD's hosting of the Shell Community Advisory Panel (CAP) meeting on June 8 th. Vice President Caldwell provided a report on the meeting. Director Williams stated he had the opportunity to thank Mr. John Marangoni, who had provided a complimentary letter which was attached to Environmental Education Coordinator Davidson's monthly report. He stated he thanked Mr. Marangoni for taking the time to write and noted Mr. Marangoni was very enthused about the workshops he attended. Director Williams stated Environmental Education Coordinator Davidson wrote a great report.

19 Regular Board Meeting: 6/11/2009 Page 19 COMMUNICATIONS - INFORMATION ONLY - NO ACTION NECESSARY 30. JUNE 5, 2009, LETTER FROM KELLY DAVIDSON, EPONA ENVIRONMENTAL CONSULTING TO PRESIDENT PYKA REGARDING DISTRICT MANAGER CONTRERAS 31. CALIFORNIA SPECIAL DISTRICT, VOLUME 4, ISSUE 3, MAY-JUNE 2009 BOARD ITEMS - Limited to requests and directives for future meetings Vice President Caldwell suggested the Board might want to consider having the board meetings at 6:00 p.m. instead of 6:30 p.m. and asked if it could be brought up for discussion at a future meeting. commented that 6:00 p.m. might be tight for him. The Board determined this item could possibly be placed on the agenda for the next regular meeting. CLOSED SESSION 22. EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE PERSONNEL MATTER - PUBLIC EMPLOYMENT-GOVERNMENT CODE SECTION TITLE: DISTRICT MANAGER REPORTS OUT OF CLOSED SESSION A Closed Session was held from 9:04 p.m. to 9:30 p.m. The Board received reports from legal counsel and provided direction to legal counsel. ADJOURNMENT TO AN ADJOURNED REGULAR BOARD MEETING ON THURSDAY, JUNE 18, 2009 AT 6:00 P.M. At 9:30 p.m., adjourned the meeting to an adjourned regular meeting 6:30 p.m. June 18, Sheri L. Riddle, Board Secretary