Convened at 12:30 p.m. on Wednesday November 10, 2010

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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 Convened at 12:30 p.m. on Wednesday November 10, 2010 The regular meeting of the Board of Directors was called to order by Vice President Page on Wednesday, November 10, 2010, 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: Jeff Fabbri, Ted Page, Todd Tracy and Dan Waterhouse; Phil Portwood and Fredrick A. Wegis; General Manager, Will Boschman; Deputy General Manager, Jason Gianquinto; District Engineer, Paul Oshel; District Superintendent, John Lynch; District s Controller, John Wooner; Staff Engineer, Craig Wallace; District s Accountant, Judy Burns; District s Exec. Secretary, Marsha Payne; District s Legal Counsel, Ernest Conant; District s Consulting Engineers, Bookman-Edmonston, GEI Consultants, Inc., Represented by Dick Rhone; W.M. Lyles Representatives, Rick Amigh; Paramount Farms Representative, Kim Brown; Valley Orchard Management Representative, Devin Aviles; Steve Gair representing Wingate Realty; and District landowners, Martin and John Etchamendy, James Burrows and Donna Dungan. Vice President Page opened the meeting with the flag salute, then introduced and welcomed all guests. Approval of Agenda The Agenda was reviewed and unanimously approved as posted on motion by Director Fabbri, seconded by Director Tracy. 1

2 ACTION ITEMS Minutes On motion by Director Waterhouse, seconded by Director Tracy, the Minutes of the Regular Meeting on October 13, 2010 were approved as presented. Treasurer s Report The Treasure s Report for October 2010 was presented for review and approval. The Board Treasurer, Director Waterhouse, stated that he had reviewed the Treasure s reports and financial statements and found them to be in order and acceptable to be filed. On motion by Director Waterhouse, seconded by Director Tracy, the October 2010 Treasure s Reports for Semitropic Water Storage District and Semitropic Improvement District were approved for filing. Accounts Payable The Cash Disbursement List was presented for review and payment. Several items were discussed, including environmental work for the SWRU program, safety training for District personnel, the purchase of one new truck for use by office staff, and Kern Water Bank, primarily for a water exchange with Paramount Farms. On motion by Director Waterhouse, seconded by Director Fabbri, the Board authorized payment of the Accounts Payable as listed on the November 10, 2010 Disbursement List for Semitropic Water Storage District and Semitropic Improvement District. A copy of the Disbursement List presenting the payments that were approved is attached hereto as "Exhibit A". Consider Resolution of Directing Publication of Notice of Election of Director District s legal counsel, Ernest A. Conant, reported that due to the recent election of Ted Page as Director to the Kern County Water Agency, an election is necessary to replace him as Director of Division 4. Legal counsel and staff will prepare the necessary documentation for the election process which will take place on March 8, On motion by Director Tracy, seconded by Director Fabbri, the Board approved Resolution No. ST 10-13: DIRECTING PUBLICATION OF NOTICE OF ELECTION OF DIRECTORS OF THE AS PRESCRIBED BY THE PROVISIONS OF SECTION OF THE CALIFORNIA WATER CODE 2

3 Consider Resolution for Filing Delinquent Tolls and Charges District Exec. Secretary, Marsha Payne, reported that this is the time to adopt a resolution to start the process for Ordering Filing of Delinquent Tolls and Charges for Water Year On motion by Director Waterhouse, seconded by Director Tracy, the Board adopted Resolutions No. BW 10-6 and PP 10-6: ORDER THE FILING OF DELINQUENT TOLLS AND CHARGES (WATER YEAR 2010) Consider Resolutions to Adopt Annual Investment and Reserve Policies District Controller, John Wooner, reported that the District s Annual Investment and Reserve Policies have been review and it appears that it is the same as last year and no changes are necessary. On motion by Director Fabbri, seconded by Director Tracy, the Board adopted Resolution No. ST 10-11: ADOPTING AN ANNUAL INVESTMENT POLICY FOR THE On motion by Director Fabbri, seconded by Director Tracy, the Board adopted Resolution No. ST 10-12: ADOPTING AN ANNUAL RESERVE POLICY FOR THE Design/Build Team Construction Update W.M. Lyle s representative, Rick Amigh, reported that minor modifications have been made to the Water Service Agreements to reflect the changes to the North-South Conveyance from a canal to a pipeline which will affect five landowners. The Agreements will be sent to the landowners soon for signatures. Appraisal notifications were sent to six landowners in Systems X, Y and Z and offer letters will be submitted to the landowners soon after the appraisals are completed in November. The Raw Water Processing Plant will remain idle until early High disposal fees are anticipated for the removal of treatment plant sludge. The programming of the remote controls for the Junction Pumping Plant intake valves has been completed. Also, it is anticipated that work will 3

4 commence at the Delta Plant PH Adjustment Facility within the next 30 days and will be completed in about two months. Manager Boschman requested an update on project costs for the SWRU (W.M. Lyles) and the AVWB (GEI) under the Design-Build Contract. Consulting Engineer s Report Richard Rhone from Bookman-Edmonston, GEI Consultants, Inc. presented the Consulting Engineers Report on Projects for Semitropic Water Storage District for work during October 2010, which was accepted for filing. Mr. Rhone also reported on engineering activities related to the proposed Madera Avenue intertie with Shafter-Wasco Irrigation District; meetings and reports for the Poso Creek IRWMP Group, including developing Principles of Agreement for Banking and Exchange between districts; preparation of a draft report of District s history of water resources management; and construction management for Specifications No. WB-220 Completion of the Easterly Pond-Poso Spreading Grounds, W.M. Lyles, Contractor. INFORMATIONAL AND UP-DATE ITEMS Manager Boschman s written report on District Activity During October dated November 4, 2010 was accepted for filing. In addition, the following items were presented: Deputy General Manager Report Deputy General Manager, Jason Gianquinto, reported that staff and consults are working on SWRU permit issues with the Fish & Wildlife Serve and Department of Fish & Game; meetings with several landowners in the SWRU In-Lieu Service Area to discuss the Phase II Project and the need to execute Water Service Agreements; the draft of a Joint Use Agreement for an easement with Buena Vista for the utilization of the West-East Pintail Slough; water deliveries to duck clubs; Task Orders for consultants to submit estimates of costs for various projects; the Stand Tank Rehabilitation Project and the preparation of a revised policy for the allocation of Noncontract Water. Water Supply Update Manager Boschman reported that there has been no change in the water situation since last month. Deliveries are still going strong in the District and Kern Water Bank. A significant amount of water has been delivered to duck clubs and direct recharge in the Scofield Spreading Basins. 4

5 Status of Delinquencies There were two delinquent accounts in October for a total of $10, Michael Bushnell - $6, and Jesse Orozco - $4, Banking Project Update The Manager reported that it is anticipated that the City of Tracy will approve the Agreement in November it will be presented to the Semitropic Board for approval in December. The City plans to deliver about 5,000 acre-feet of Federal water to the District by the end of February. Semitropic-Rosamond Water Bank Authority Activities Manager Boschman stated that an agreement for a SRWBA-AVEK Joint Use Facility is being finalized for approval and signatures by the AVEK Board, after which it will be submitted to the JPA Board. Manager Boschman also requested an update of all expenses to determine the total project costs of the AVWB in relation to the cost of shares. Consultants Reports The Manager reported that the drilling crew has completed the 6 th well and is performing routine maintenance work on the drilling rig. There is enough money in the budget to construct a 7 th well. S.J. Louis Construction is currently constructing recharge ponds and pipe manufacturing is also underway. Also, a fence is currently being installed to hopefully, secure the shop area from theft of tools and equipment. PUBLIC HEARING NOVEMBER 10, 2010 TO FIX THE SERVICE CHARGE AND ADDITIONAL WATER USE CHARGE FOR SURFACE WATER SERVICE FOR 2011 President Wegis called the hearing to order at 2:00 p.m. He noted that a quorum was present and that the attendance had been noted in the usual fashion. He turned the hearing over to legal counsel and staff for presentation of 2011 water charges. Staff reported that this is the time and place set by the Board for fixing the Service Charge and Additional Water Use Charge for Surface Water Service for

6 It was noted that there were several guests present (as listed above) for the hearing who expressed concerns about the costs of water. The Board and staff explained the 50% allocation from the State while paying for 100% of entitlement charges. It was also reported that the 2011 water rates will remain the same as Hearing no other comments or objections, the Board proceeded with fixing the charges for The following documents were presented as attachments to the Minutes: AFFIDAVIT OF MAILING TO WATER USERS AND PERSONS AUTHORIZED TO RECEIVE WATER BILLINGS FOR WATER SERVICE IN BUTTONWILLOW AND POND-POSO IMPROVEMENT DISTRICTS of October 29, 2010", attaching a letter to Water Users and persons authorized to receive water billings for water service, which is enclosed, a NOTICE OF FIXING SURFACE WATER SERVICE AREA SERVICE CHARGE AND ADDITIONAL WATER USE CHARGE FOR 2011, AND THE TIME AND PLACE OF HEARING THEREON. The aforementioned affidavit is attached hereto as Exhibit B. A PROOF OF PUBLICATION from The Bakersfield Californian for Buttonwillow Improvement District and Pond-Poso Improvement District of NOTICE OF FIXING SURFACE WATER SERVICE AREA SERVICE CHARGE AND ADDITIONAL WATER USE CHARGE FOR 2011 AND THE TIME AND PLACE OF HEARING THEREON. The aforementioned proof of publication is attached hereto as Exhibit C. The Board reviewed Statement of Wilmar L. Boschman, General Manager, at the November 10, 2010 Public Hearing Fixing 2011 Contract Water Charges, which is attached hereto as Exhibit D. The following resolutions were presented for Board s consideration. On motion by Director Waterhouse, seconded by Director Tracy, Resolution Nos. BW 10-7 and PP 10-7 were adopted: RESOLUTION FIXING SURFACE WATER SERVICE AREA SERVICE CHARGE AND ADDITIONAL WATER USE CHARGE FOR 2011 The Public Hearing closed at 2:15 p.m., and the Board reconvened to regular session. Closed Session At 2:20 p.m. the District s legal counsel, Ernest Conant, stated that a closed session was needed pursuant to the following: 6

7 a. Conference with legal counsel to discuss pending litigation (Gov t Code Section (a) 7 items 1) Rosedale-Rio Bravo Water Storage District v. Kern County Water Agency et al 2) Central Delta Water Agency et al v. California Department of Water Resources et al 3) Rosedale-Rio Bravo Water Storage District & Buena Vista Water Storage District v. California Department of Water Resources et al 4) Central Delta Water Agency et al v. Kern County Water Agency, et al 5) State Water Contractors v. Salazar (Delta Smelt BO) 6) Casitas MWD v. US (takings case) 7) Rosedale RBWSD, et al v. Kern Water Bank Authority b. Conference with legal counsel to discuss Real Property Negotiations (Gov t Code Section ) c. Personnel Matters (Gov t Code Section 54957) All visitors left the meeting At 4:00 p.m. the Board reconvened to open session. Vice President Page stated that several items were discussed, including various legal matters, but that no action was taken. Adjournment Vice President Page adjourned the meeting until Wednesday, November 24, 2010 at 12:30 p.m. at the District office to continue the business of the District. APPROVED: /s/ Todd Tracy, Secretary /s/ Fredrick A. Wegis, President 7