FRESNO IRRIGATION DISTRICT MINUTES OF THE REGULAR MEETING HELD DECEMBER 20, 2016

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1 Fresno Irrigation District s Board of Directors met in regular session at the District office located at 2907 South Maple Avenue Fresno, California, on December 20, Board President Ryan Jacobsen called the meeting to order at 4:00 p.m. DIRECTORS PRESENT President Ryan Jacobsen Vice President Jerry Prieto, Jr. Director George Porter Director Gregory Beberian Director Christopher Woolf DIRECTORS ABSENT None. STAFF PRESENT General Manager Gary R. Serrato Assistant General Manager Bill Stretch Chief Engineer Laurence Kimura Watermaster Jim Irwin Controller DeAnn Hailey Human Resources Director September Singh Interim Maintenance/Construction Superintendent Mike Prestridge Special Projects Coordinator Adam Claes Staff Engineer Felix Vaquilar Recording Secretary Lynn B. Rowe OTHERS PRESENT FID Legal Counsel Jeff Boswell City of Fresno Mayor Ashley Swearengin City of Fresno Representative Georgeanne White City of Fresno Representative Bruce Rudd Granville Homes Representative Jeff Roberts PLEDGE OF ALLEGIANCE Board President Jacobsen opened the meeting at 4:00 p.m. with the Pledge of Allegiance. DIRECTORS OATH OF OFFICE Director Beberian took his oath of office for his second term as Director of Division 5. REVIEW AGENDA Item 12. a. was pulled from the agenda. Item 12. c. was moved up on the agenda to approximately 4:30 pm. REVIEW OF FUTURE MEETINGS An alternative date for the January 17 meeting will fall under item 12 b. 152

2 PUBLIC PRESENTATIONS None given. FRESNO IRRIGATION DISTRICT POTENTIAL CONFLICTS OF INTEREST (Any Board Member who has a potential conflict of interest may now identify the item and recuse themselves from discussing and voting on the matter.) [FPPC 87105] None stated. CONSENT CALENDAR a. Approval of Equipment Committee Meeting Minutes November 10, 2016 b. Approval of Regular Board Meeting Minutes November 15, 2016 c. November 2016 Check Reports d. November 2016 Payroll Registers e. November 2016 Unpaid Assessment Report f. November 2016 Investment Account M/S/C/(Prieto/Woolf) That the Board of Directors approved the Consent Calendar items 6. a. f. by the following vote. (Ayes Beberian, Woolf, Jacobsen, Porter, Prieto, Jr.; Nays 0; Absent 0; Abstain 0) CONTROLLER S REPORT a. November 30, 2016 Fund Statements and Supporting Documents Ms. Hailey stated that all line items are within budget for the month of November. Target percentage for the budget is 92%. The Controller presented the Notes to the Fund Statements, Treasurer s Report, Deposits and Investments, and Revenue pie chart for November Ms. Hailey expects to come in under budget for December, which will allow for some carry-over into next year. M/S/C/(Prieto/Porter) That the Board of Directors approved the financial statements and supporting documents as presented by Staff by the following vote. (Ayes Beberian, Woolf, Jacobsen, Porter, Prieto, Jr.; Nays 0; Absent 0; Abstain 0) b Budget and Supporting Documents Ms. Hailey presented the first review of the 2017 Budget based on a six-month water run. A second review will occur in the early fall of Director Prieto expressed his concern about funds transferred from the Water Purchase Fund to supplement the General Fund. Ms. Hailey pointed out that the General Fund budget was short by $300,000 and if the Board approved the budget, they would be approving the transfer of $300,000 from the Water Purchase Fund to cover the 2017 shortfall. 153

3 M/S/C/(Prieto/Porter) That the Board of Directors approved the 2017 Budget and supporting documents and the transfer of $300,000 from the Water Purchase Fund to the General Fund as presented by Staff by the following vote. (Ayes Beberian, Woolf, Jacobsen, Porter, Prieto, Jr.; Nays 0; Absent 0; Abstain 0) WATERMASTER S REPORT a. Current Water Conditions Report Mr. Irwin reported on the current and projected water supply and routing information. As of December 19, Pine Flat release was 103 cfs with storage at 252,457 acre-feet. Pre-Project for the Kings River is 976 cfs FID s entitlement is 150 cfs. Pine Flat precipitation is currently at 150.8% (6.80 inches for the season and 4.51 inches for the average). Mr. Irwin indicated that only six of the snow sensors are reporting; two sensors are still down and not scheduled for repair until the end of January. KRWA has scheduled its first snow survey for the third week in January FMFCD continues to dewater approximately 13 basins through the end of the week. The Waldron Groundwater Banking facilities are prepared to accept floodwaters. ADMINISTRATIVE MATTERS c. Fresno Irrigation District City of Fresno Revised, Amended and Restated Conveyance Agreement Update. Resolution and Possible Approval of Agreement (action from Closed Session) Fresno City Mayor Ashley Swearengin addressed the FID Board of Directors and stated her appreciation for the work and effort that the participating parties put into developing the new agreement. She felt that the new agreement addresses city and agriculture water needs and urged the Board to follow the City and accept the agreement. Jeff Roberts representing Granville Homes also spoke in support of the agreement and urged the Board to accept the agreement. The Board and senior Staff and FID legal counsel went into Closed Session at 4:44 p.m. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The Board will meet in closed session pursuant to Government Code Section to grant authority to its negotiators regarding the price and terms for renegotiation of the existing Cooperative Agreement between the District and the City of Fresno providing for the use of the District s conveyance system. 154

4 Property: Use of District s conveyance system and associated property. Agency negotiators: Gary Serrato, Bill Stretch and Thomas Esqueda Negotiating parties: Fresno Irrigation District and City of Fresno Under negotiation: Price and terms of payment. Conference with Legal Counsel Existing Litigation Pursuant to Government Code Section (d)(1) Matter: Proceedings before the State Water Resources Control Board Regarding Petition Requesting Changes in Water Rights of the Department of Water Resources and the U.S. Bureau of Reclamation for the California WaterFix Project. Conference with Legal Counsel Deciding Whether to Initiate Litigation, Declaratory Judgment Government Code Section , subdivision (d)(4) 1. City of Fresno v. Fresno Irrigation District. The District May Convene in Closed Session Pursuant to Government Code Sections 11126(a)(1),(c)(3) and (1) to discuss: Review of General Managers Final Contract. The District May Convene in Closed Session Pursuant to Government Code Sections 11126(a)(1), (c)(3) and (1) to discuss: Review of General Legal Counsel Contract. CLOSED SESSION ADJOURNMENT President Jacobsen adjourned Closed Session at 6:10 p.m. REPORT OF ACTION TAKEN IN CLOSED SESSION President Jacobsen stated that action on items 12 c., d. and e. would be in Open Session. Open Session resumed at 6:11 p.m. President Jacobsen stated the Board would continue with Administrative Matters. ADMINISTRATIVE MATTERS a. Right-of-Way / Fencing Neighborhood Issue (Angus between First and Fresno Streets) Pulled from the agenda rescheduled for January 2017 meeting. b. Reschedule the January 17, 2017 Regular Board Meeting Due to Conflict with the Mid-Pacific Water Users Conference President Jacobsen suggested that the January 17 Board meeting be moved to Tuesday, January 24, 2017, due to a conflict with the Mid-Pacific Water Users Conference in Reno, NV. 155

5 M/S/C/(Porter/Prieto) That the Board of Directors approved moving the January 17 meeting to January 24, 2017, at 4:00 pm by the following vote. (Ayes Beberian, Woolf, Jacobsen, Porter, Prieto, Jr.; Nays 0; Absent 0; Abstain 0) c. Fresno Irrigation District City of Fresno Revised, Amended and Restated Conveyance Agreement Update. Resolution and Possible Approval of Agreement (action from Closed Session) President Jacobsen asked if there were any comments or questions. There were no additional comments or questions from the Board or audience. President Jacobsen stated the following documents are now part of the record and considered open documents: The Revised, Amended & Restated Cooperative Agreement between Fresno Irrigation District and the City of Fresno; where the District also relies upon the findings of the City of Fresno under CEQA as lead agency for this agreement; The memorandum from Gary Serrato dated December 16, 2016 (summarizing the agreement); The memorandum from Jeffrey Boswell dated December 16, 2016 (regarding CEQA requirements); and Resolution M/S/C/(Prieto/Porter) That the Board of Directors approved & adopted the findings of Statutory Exemptions pursuant to: (a) 14 CCR Section , an Ongoing Project, (b) 14 CCR Section 15061(b)(3) Review for Exemption, (c) a Class 1 Categorical Exemption for an Existing Project pursuant to 14 CCR Section 1501 of the CEQA Guidelines, (d) reliance by the District upon the findings of the City of Fresno under CEQA as Lead Agency for this agreement; and, (e) the other matters contained in the December 16, 2016, memorandum re: CEQA requirements, by the following vote. (Ayes Beberian, Woolf, Jacobsen, Porter, Prieto, Jr.; Nays 0; Absent 0; Abstain 0) M/S/C/(Prieto/Porter) That the Board of Directors approved the Revised, Amended & Restated Cooperative Agreement between Fresno Irrigation District and the City of Fresno and Resolution by the following roll call vote. (Ayes Beberian, Woolf, Jacobsen, Porter, Prieto, Jr.; Nays 0; Absent 0; Abstain 0) d. Possible Approval of General Manager s Final Contract (action from Closed Session) President Jacobsen reported that during Closed Session the Board negotiated a new contract between FID and General Manager Gary Serrato. The contract runs from January 1, 2017 through December 31, Mr. Serrato will continue his role as general manager for the first two years of the contract. During the third year of the contract, Mr. Serrato will assume a reduced role and hours and serve at the will of the 156

6 new general manager. allowance was included. Modification to the contract for a $1,000 per month car M/S/C/(Prieto/Porter) That the Board of Directors approved the new three-year contract between FID and Gary Serrato with the noted modification by the following vote. (Ayes Beberian, Woolf, Jacobsen, Porter, Prieto, Jr.; Nays 0; Absent 0; Abstain 0) e. Possible Approval of General Legal Counsel s Contract (action from Closed Session) President Jacobsen reported the Board negotiated during Closed Session a new contract for In-House Counsel Legal Services between FID and Jeff Boswell. M/S/C/(Porter/Woolf) That the Board of Directors approved the In-House Legal Counsel contract between FID and Jeff Boswell by the following vote. (Ayes Woolf, Jacobsen, Porter; Nays 0; Absent Prieto, Jr.; Abstain Beberian) f. Request for Authorization of Three-Night Stay for Two to Four FID Employees to Attend Cal Poly s Annual ITRC Training in San Luis Obispo, CA (January or February 2017) Mr. Serrato stated the annual Cal Poly training is part of the requirements for Water Systems Operators to obtain a grade level increase. Staff recommends sending a total of two to four employees from the Water and Engineering departments. M/S/C/(Porter/Beberian) That the Board of Directors approved the multiplenight stays to send two to four employees to Cal Poly ITRC Training as presented by Staff by the following vote. (Ayes Beberian, Woolf, Jacobsen, Porter, Prieto, Jr.; Nays 0; Absent 0; Abstain 0) g. New Damage Claim Don Horner Staff s recommendation was to pay Mr. Horner s submitted claim of $4, for the damage to his raisins. M/S/C/(Porter/Prieto) That the Board of Directors approved payment of the damage claim of $4, as presented by Staff by the following vote. (Ayes Beberian, Jacobsen, Porter, Prieto, Jr.; Nays 0; Absent 0; Abstain Woolf) h. New Damage Claim Theft of FID Property FID suffered a theft of water measurement equipment at the Chestnut Basin. Staff s recommendation is to send the claim to JPIA for further action. The Board agreed to have Staff forward the claim to JPIA. 157

7 i. Pending Damage Claim Updates Ms. Singh stated there is nothing new to report on the pending claims. Break: 6:35 p.m. 6:50 p.m. No discussion of District business took place. CHIEF ENGINEER S REPORT Chief Engineer Laurence Kimura reported on the following: a. Developer Projects Update Staff is working on reviewing projects scheduled for construction during the Maintenance Season. Currently, there is one project in progress and Staff is working on several reviews for the Maintenance Season (six are currently under review). Staff also provided comments on 26 developer review notices and eight utility search requests during the last month. b. Agency Projects Update Staff is working on several projects that are under construction and working on reviewing projects scheduled for construction during the Maintenance Season. Currently, there are two projects in progress and Staff is working on reviews for next maintenance season (seven are currently under review). i. High Speed Rail (HSR) High Speed Rail project will impact approximately 20 FID facilities TPZP (contractor for north section) is working on Segment 1 (north of American Avenue); Plans have been signed off on the box culvert for the Dry Creek crossing at Thorne and the permit issued; Caltrans is working on the relocation of SR99 between Ashlan and Clinton avenues which is expected to take until late 2018; Replacement of the Victoria, Victoria Colony, and Tracy will start as soon as Caltrans resolves an issue with a PG&E gas line; DFJV (contractor for south section) is working on Segment 2-3 (south of American Avenue); DFJV is requesting the replacement of some of the FID crossings to be phased because they do not yet have an agreement with BNSF; and FID is working with all of the entities on design, agreements, issues, etc. c. Landowner Initiated Projects Update for There was one project in progress during the past month. Currently there are no projects under review for the Maintenance-Construction Season. 158

8 d. Other Activities FRESNO IRRIGATION DISTRICT Monthly groundwater levels were measured as part of the banking facility monitoring plan; Plans are being made for future maintenance projects; Staff is currently assisting or working on 14 FID maintenance/construction projects; Several surveys were performed for project design and construction; Seventeen construction, water or structure permits were issued during the last month; and Staff has been busy locating pipelines and rights-of-ways for crop conversions. Mr. Kimura reviewed the following projects: Enterprise Canal (Shepherd and Fowler) contractor performing concrete lining project, starting with the earthwork; Enterprise Canal (Shepherd and Fowler) contractor adding concrete lining along the sides of the canal; Enterprise Canal (Bullard and DeWolf) contractor installing concrete lining and rip-rap to the sides and bottom of the canal; Enterprise Canal (Herndon & DeWolf) Fresno Metropolitan Flood Control District (FMFCD) installed a turnout gate and a pipeline crossing under the Enterprise Canal to their Basin PEB; Central Canal (Central and East) FMFCD constructed a turnout and concrete lining for their Basin AX; Gould Canal contractor dredged from Lower Gould Head to Leonard Avenue; Herndon Canal (N/W McKinley and Millbrook) contractor dredged at the Herndon Head; Enterprise-Holland Colony (S/E Herndon and Fresno) pipeline replacement project of approximately 300 feet of 48-inch Cast-In-Place (CIP) with 48-inch Rubber Gasket Reinforced Concrete Pipe (RGRCP); and Ubich Canal (S/E Shepherd and Cedar) repaired broken head to a private lateral. ASSISTANT GENERAL MANAGER S REPORT Assistant General Manager Bill Stretch reported on the following: a. Maintenance and Construction Update Mr. Stretch commended Mr. Kimura and his Engineering Staff for the work they do on projects and overseeing of contractors. Mr. Stretch noted it is a rare occurrence when water is not running in any of the canals. Crews are taking advantage of this opportunity to perform much needed maintenance on the systems. FID s groundwater facilities are currently receiving stormwater. 159

9 Following are some of the projects that FID crews and sub-contractors have been working on: Victoria Colony W/Branch Canal (S/W Clinton and Valentine) pipeline replacement of approximately 650 feet of 20-inch NRCP with 21-inch PVC; Enterprise Canal (S/E Shaw and McCall) Fagundes turnout repair; Boswell Banking Facility (N/W North and Jameson) FID has rented a tractor and crews are discing all of FID s basins, which can take two - three months; South Central Canal (S/E Central and West) crews sloped the sides of the canal banks; Big Dry Creek Channel (N/E Nees and Clovis) crews manually cleared brush from the channel to prevent flooding of surrounding properties; Fancher Canal (N/W Kings Canyon and Clovis) trash crews cleaned the canal; Gould Canal (N/W McKinley and McCall) crews dozed bottom of canal - contractor is responsible for removal and disposal of sediment piles; Gould Canal (N/W Olive and Zediker) crews dozed bottom of canal - contractor is responsible for removal and disposal of sediment piles; Gould Canal (N/W Shields and Highland) crews dredged and reshaped canal; Gould Canal (S/E Ashlan and Leonard) crews reshaped canal banks; Gould Canal (N/W Olive and Zediker) crews dredged and reshaped bottom and sides of canal; Dry Creek Extension (North and Del Norte) crews performed gate repair work; Dry Creek Extension (North and Madera) a camera was inserted into the pipeline to inspect for leaks; Enterprise Canal (McKinley and Riverbend) crews took advantage of the Enterprise being empty to take care of tailpipe replacement and added slope protection around the structure; Victoria Colony Canal (Weber and Valentine) repairs to liner were completed to help control leaks. More in-depth repairs will be done in the next year or two; Herndon Canal (Clinton and Millbrook) homeless camp cleanup; Herndon Canal (Ashlan and Fruit) homeless camp cleanup; and Herndon Canal (Ashlan and West) homeless camp cleanup. Mr. Adam Claes reported on the following project: City of Fresno Kings River pipeline diversion site - Fresno Canal (at the Headgates) crews built a cobble stone coffer dam which will keep the canal dry for the three projects: o City of Fresno s Weir and Turnout on the north side of Trimmer Springs Road for the new Southeast Surface Water Treatment Facility (SE- SWTF); o Fresno Canal channel improvements (dredging, shaping and adding riprap) between the Headgates and Trimmer Springs Road; total approximate cost is $250,000 with 50% of funds to come from the City of Fresno as part of their SE-Surface Water Treatment Facility project; and 160

10 o FID s inspection and maintenance to the Fresno Canal Headgates structure. b. Gould and Friant-Kern Canals Intertie Project Update Mr. Claes updated the Board on the progress, within the last month, on the installation of pumps at the Gould Friant/Kern canals. The contractor completed the pump intake structure at the end of November. During the middle of December the walls of the outlet structure were constructed and backfilled. USBR notified Staff they may initiate flood releases and instructed FID to have the work completed by December 25. FID authorized the contractor to work overtime and expedite construction. By running crews 24 hours a day, the contractor was able to complete construction prior to the USBR s deadline. c. Southwest Groundwater Banking Project Update Mr. Claes stated the design and environmental documentation/permitting is in progress on the recently purchased 100 acres. The project designs are approximately 70% complete and Staff continues to work with the USBR to complete the NEPA process and have it completed by the end of December Staff plans to go out to bid in January 2017 and award the contract in February d. Sustainable Groundwater Management Act (SGMA) Update i. North Kings GSA Update On December 7, the NKGSA held its second Board of Directors meeting. The NKGSA Board approved to hold their regular board meetings on the fourth Thursday of each month at 6:00 pm starting in January The Board held the required public hearing and vote during the meeting for the NKGSA to become the GSA for the area within its boundaries. Without comments from the Directors or public, the Board adopted Resolution declaring its intent to become a GSA. Staff has 30 days to prepare the necessary GSA formation notification package for DWR (January 6, 2017 deadline). A number of technical and legal consultants received Request for Qualification (RFQ) and Request for Proposals (RFP) with a submission deadline of December 16, The sub-committees will review the proposals and interview the prospective agencies/individuals. The sub-committees recommendations will be brought to the NKGSA Board at the January meeting. ii. Kings Subbasin GSA Update Kings River Conservation District facilitates the meetings consisting of six formed or planned GSAs within the Kings Subbasin. Meetings included discussions and presentations regarding status updates of Kings Subbasin GSA formation, third-party facilitation services, outreach, funding and future Kings Subbasin GSA coordination. Following the October 21 meeting, representatives from each of the six member participants have started to meet with a local engineering consultant to plan the process necessary to coordinate SGMA efforts. Discussions cover what type of data exists, how to share data, costs and proposals. 161

11 iii. Miscellaneous County/DWR/SWB The next scheduled quarterly meeting is set for February 16, The County is moving on a parallel tract as the default agency if local agencies are unable to form a GSA. e. Friant North Authority (FNA) Update Mr. Stretch announced at the November FID Board meeting that Dave Orth submitted his letter of resignation to the Board as executive officer to FNA. Since Mr. Orth s resignation, Doug Welch (Chowchilla Water District) has agreed to become the new executive officer. The FNA will continue to meet monthly and continue to work with Friant Water Authority. Mr. Stretch attends the monthly FWA Board and managers meetings. FNA s three agencies will continue to work on projects of mutual benefit. Mr. Stretch reported that FWA s strategic plan is complete and located on their website. KINGS RIVER WATER ASSOCIATION a. Kings River Water Association Update During the KRWA meeting, discussions focused on: 1) how dry the watershed is and that more runoff was expected; 2) the pilot seeding program has been ready to activate since November; and 3) the Scripps Institute is in its fifth year of a five-year study on atmospheric rivers along the northern California coast (Russian and Eel rivers). The Fishery Management Program survey count showed there was an increase in the number of trout, an increased in the amount of fish weight pulled from the river, and a decrease in number of warm-water fish species. The Public Advisory Group (PAG) has become more receptive to fish plantings within the Kings. The Water Quality Coalition group announced that public outreach meetings would start in January. The State Water Resource Control Board awarded FID and Fresno Metropolitan Flood Control District an $8.4 million dollar grant to fund a joint project to boost stormwater capture and retention. The grant should cover 70% of the cost of the project. Director Porter inquired about taking a tour of the FMFCD facilities, possibly while the construction of the new project is occurring. Mr. Stretch noted that during the last San Joaquin Valley Water Infrastructure meeting, Bill Swanson (group s consultant) reviewed options on the Temperance Flat project. On December 16, President Obama signed the Water Infrastructure Improvements for the Nation Act water bill, which targets flood control, funding for dams and allows more water delivered to farmers in the Central Valley. 162

12 MANAGER S REPORT FRESNO IRRIGATION DISTRICT i. Central Valley Project (CVP) Exchange/Sale of Water Mr. Serrato stated Kern-Tulare Water District approached FID regarding a transfer of water from the west side to the east side of the Valley. Mr. Serrato noted the transfer of the 4,000 acre-feet would be good test for the pumping plant. Staff requested authorization from the Board to finalize an agreement for the transfer of water during the months of June / July M/S/C/(Porter/Prieto) That the Board of Directors approved the sale/transfer of up to 4,200 acre-feet as presented by Staff by the following vote. (Ayes Beberian, Jacobsen, Porter, Prieto, Jr.; Nays 0; Absent 0; Abstain Woolf) Mr. Serrato reported Semitropic Water Storage District plans to construct a new water storage reservoir and conveyance facility in the Tulare Lake area. The project would capture uncontrolled floodwaters from the Kings River for export to Semitropic WSD s groundwater banking facility. Consolidated Irrigation District requested a meeting with an FID ad hoc committee to explore the use of the floodwaters. President Jacobsen stated he would get back to Staff with direction. Depositions are currently taking place regarding riparian pumpers on the lower parts of the Kings River. Discussions continue on the Clark s Fork dispute. Fresno Metropolitan Flood Control District notified FID of a possible easement issue that may become a legal action against a landowner along the Lower Dry Creek/Fanning canals. DIRECTORS REPORT Director Beberian stated that ACWA is working on increasing the agriculture component of the agency. Director Beberian reminded the Board again that ACWA will be traveling to Washington, D.C. Staff would notice the item on January s agenda. Director Woolf wished everyone a Happy Holidays. Director Jacobsen thanked Staff for putting on a terrific End-Of-Year event. Director Porter wished everyone a Happy Holidays. Director Prieto wished everyone a Happy Holidays. 163

13 ADJOURNMENT With no further business, President Jacobsen adjourned the meeting at 8:12 p.m. Submitted By, Gary R. Serrato Secretary of the Board 164