FRESNO IRRIGATION DISTRICT MINUTES OF THE REGULAR MEETING HELD DECEMBER 9, 2009

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Fresno Irrigation District s Board of Directors met in regular session in the District office located at 2907 South Maple Avenue Fresno, California, on December 9, 2009. Meeting was called to order at 5:00 pm by Board President Jeff Boswell. DIRECTORS PRESENT President Jeff Boswell Vice President Jeff Neely Steven Balls Ryan Jacobsen George Porter DIRECTORS ABSENT None STAFF PRESENT General Manager Gary Serrato Assistant General Manager Laurence Kimura Chief Engineer Bill Stretch Watermaster Jim Irwin HR Director Regina Davis Controller DeAnn Haley OTHERS PRESENT None REVIEW AGENDA No changes REVIEW OF FUTURE MEETINGS 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] Director Jacobsen recused himself from item 10 c. PUBLIC PRESENTATION None CONSENT CALENDAR a. Approval of Regular Board Meeting Minutes November 18, 2009 b. November 2009 Check Register c. November 2009 Payroll Registers 147

d. November 2009 Unpaid Assessment Report e. November 2009 Unpaid ISIP Assessment Report g. November 2009 Investment Account h. November 2009 COP Investment Account M/S/C/(Neely/Balls) That Board of Directors approved the Consent Calendar by unanimous vote. (Ayes 5; Nays 0; Absent 0; Abstain 0) 380: WATER REPORT a. Current Water Conditions The current and projected water supply information was given by Watermaster Jim Irwin. As of December 8, Pine Flat release was 181 cfs and storage was 292,723 acrefeet. Precipitation at Pine Flat is currently at 4.21 inches to date which is approximately 115.3% of normal average is 3.65. Mr. Serrato requested and was given direction from the Board to begin the discussions of water sales from the Waldron Groundwater Banking Facility with San Luis Water District and Westlands Water District for the 2010 season. CONTROLLER S REPORT a. November 2009 Fund Statements b. November 2009 Notes to the fund Statements c. November 2009 Treasurer s Report d. November 2009 Deposits and Investments Ms. Hailey presented the November financial reports with the Board. M/S/C/(Balls/Porter) That Board of Directors approved the November 2009 Financial Reports as presented by Staff by unanimous vote. (Ayes 5; Nays 0; Absent 0; Abstain 0) e. 2009 Other Post Employment Benefits (OPEB) Actuary Report Ms. Hailey presented the FID OPEB Actuary Report and explained the District s obligation regarding the Annual Required Contributions (ARC) to the retirees health insurance benefit. The ARC liability will be required to be reported in the annual audited financial statements. Staff requests that the report be approved and that a Finance Committee meeting be scheduled for January. M/S/C/(Balls/Neely) That Board of Directors approved the Actuarial Report by unanimous vote. (Ayes 5; Nays 0; Absent 0; Abstain 0) 148

f. 2010 Budget Adoption FRESNO IRRIGATION DISTRICT Staff presented and requested the adoption of the budget for the 2010 fiscal year. The budget presented is based on six months of water delivery. Staff pointed out that Items such as fuel and aquatic herbicides are expected to increase dramatically in the next year. M/S/C/(Balls/Jacobsen) That Board of Directors approved the 2010 Budget by unanimous vote. (Ayes 5; Nays 0; Absent 0; Abstain 0) CHIEF ENGINEER S REPORT Chief Engineer Bill Stretch reported on the following items: a. Developer and Agency Project Schedule for 2009/10 Update Developer Projects There are no projects currently in progress. Agency Projects City of Fresno is working on the Gunn/Brown connection as part of the City of Fresno Temporary Surface Water Treatment Plant. b. Three-Year Maintenance and Facility Upgrade Project for 2009/10 Mr. Stretch gave the following update: Pipelines the Silvia Canal; W. Br. of the East Branch; and Bullard Canal projects are scheduled for early January. Regulating Structures 21 long crested weirs projects are in various stages of construction; Basins work is continuing on the Pursell Pond; Trashrakes Emmetts Excavation was awarded a contract to install two automated trashrakes along with a new culvert crossing and headworks structure; Slides were shown on the progress of the Three-Year Project. c. Pipeline Rehabilitation on the Victoria E. Branch Canal No. 43 Located S/W McKinley and Marks Avenues. Action Request 2009-35 On October 14, 2009, the Directors instructed Staff to research other options to upgrade the Victoria E. Br. No.43. Options explored in addition to open-cut replacement included slip-lining, the rerouting of storm water, and spray-on resins. This canal handles 342 acres on water service but only five users actually take water the largest parcel is 8.6 acres. After reviewing the alternatives and estimated costs, staff recommended slip-lining the portion between the church and the Mobile Home Park with HDPE and open-cut replacement of the remaining 300 feet with RGRCP as the most cost efficient method. 149

M/S/C/(Neely/Balls) That Board of Directors approved slip-lining the existing pipeline with HDPE pipe as outlined by Staff by unanimous vote. (Ayes 5; Nays 0; Absent 0; Abstain 0) d. North Pointe Church Proposal for the Jointly Funded Pipeline Substitution Project on the Bullard Canal No. 124 Located N/W Sierra and Blythe Avenues. Action Request 2009-38 Staff recommends not pursuing the project at this time. Several factors, including legal concerns, costs and timeframe, lead to this recommendation. Staff will bring this project back to the Board at a later date. e. Informational Item: i. Discuss Tree Root Intrusion on the Helm Colonial West Branch Canal No. 116 Located S/W Nees and Peach Avenues. Item 2009-37 Roots from trees at least thirty years old are intruding into the Helm Colonial West Branch Canal pipeline causing obstructions leading to low water flow. Helm Canal was designed to carry 6 cfs; however, during the last water season it was only able to convey 1.5 cfs. This is of significant interest because this pipeline is constructed with RGRCP. Staff has scheduled a meeting with the City of Clovis to discuss this matter and will keep the Board updated. ASSISTANT MANAGER S REPORT Assistant General Manager Laurence Kimura reported on the following: a. Nielsen Site Rubble Pile Update Not much change at the site. Business does seem to be picking up for Mr. Erickson. This will be discussed further during Closed Session. b. District Office Plan Work continues on the new building. The columns have come in and are being put into place. Staff continues to work with AT&T and PG&E. c. General Maintenance and Equipment Update Heavy equipment operators are on the rip-rap project on the Central Canal near Fig Avenue; The excavator is performing dredging work on the Enterprise Canal near McCall Avenue; Brushing project is continuing on Dry Creek near H Street; Pipeline repairs are taking place Bethel/McKinley then the Dry Creek Extension; 150

Gate repairs are being performed on the Enterprise Canal; Trash truck is working on Dry Creek and hot spots throughout the District. MANAGER S REPORT General Manager Gary Serrato reported on the following: KINGS RIVER WATER ASSOCIATION Legislation Issues With the Chaptering of the new legislative bills, KRWA will continue to monitor the requirements for the following: 1) water measurement at the farmer turnout, which is required to be implemented by all districts by July of 2013. 2) Groundwater measurement and reporting to the State Department of Water Resources. 3) Water conservation best management practices. Staff will continue to monitor and participate with others to adhere to the required legislation. Upper Kings Meeting The Upper Kings districts have agreed on the method of distributing the impacts of the Exhibit C flows and have outlined the language for the new agreement. Attorneys Alex Peltzer and Doug Jensen are developing an agreement based on the agreed points. Subsidiary Agreement Staff is moving towards working on a partnership with the Consolidated Irrigation Distinct on a groundwater banking facility in place of a subsidiary agreement. Staff will be meeting with CID to discuss the possible studies required to develop the facility. FRIANT WATER AUTHORITY / FRIANT WATER USERS AUTHORITY Friant topics will be discussed during Closed Session. OTHER ISSUES Proposition 50 Department of Water Resources notified the District that there was $7 million of Proposition 50 funding that was returned. The projects that were selected for funding are eligible to apply for returned funds. A summary description of the additional funding being requested and interview process will be conducted by DWR before selection will be made. Staff believes that FID s should pursue the additional funding. 151

2010 Census With the new census being conducted next year, the District will be required to review the Board members district boundaries and may be required to establish new areas. After the census is completed staff will recommend hiring a consultant to help align the five different divisions based upon the census results. ADMINISTRATIVE MATTERS a. Resolution 2009-15 Change of Board of Directors Meeting Dates The Directors proposed to change the days of the Board Meetings from the second and forth Wednesdays to the second and forth Tuesdays of each month. Proper postings were run in the Fresno Bee as required by the Water Code. M/S/C/(Porter/Neely) That Board of Directors approved changing the date of the Board Meetings as stated in Resolution 2009-15 by the following roll call vote. (Ayes Neely, Balls, Boswell, Porter, Jacobsen; Nays 0; Absent 0; Abstain 0) b. Claim Polo Ranch Homeowner Association While working on the all weather road on the Enterprise canal, a District grader damaged the association s main irrigation line. Staff recommends reimbursing Polo Ranch Homeowner Association for a damaged pipeline in the amount of $425. M/S/C/(Neely/Balls) That Board of Directors approved the reimbursement of $425 for damage to a main irrigation pipeline by unanimous vote. (Ayes 5; Nays 0; Absent 0; Abstain 0) c. Claim Ralph and Raymond Olson In early September the Central Canal #23 experienced an overflow and flooded two rows of raisins in the Olsons vineyard. Reimbursement for labor and damage raisins is requested in the amount of $142.50. Staff recommends payment of the claim. M/S/C/(Balls/Neely) That Board of Directors approved the damage claim by Ralph and Raymond Olson in the amount of $142.50 by the following vote. (Ayes Neely, Balls, Boswell, Porter; Nays 0; Absent 0; Abstain Jacobsen) d. Update Fax Reimbursement Policy No. 110-510 Staff requested that the Fax Policy be updated to more accurately fit today s communications availability. M/S/C/(Balls/Neely) That Board of Directors approved the update to Policy 110-510 by the following vote. (Ayes Neely, Balls, Boswell, Porter; Nays Jacobsen; Absent 0; Abstain 0) 152

Director Jacobsen motioned for the elimination of the Policy 110-510, the motion died for lack of a second. DIRECTORS REPORT Director Neely complimented crews on the three long crested weirs that were installed. Director Neely stated that the employees were professional and courteous. CLOSED SESSION Closed Session was called at 7:45 pm. Natural Resource Defense Council vs. Rodgers (Government Code Section 54956.9). To confer with counsel on pending litigation. Conference with Legal Counsel Anticipated Litigation (Government Code Section 54956.9(b)). Conference with Legal Counsel Anticipated Litigation (G.C. 54956.9. Significant Exposure to Litigation pursuant to subdivision (b)): KRWA. Conference with Legal Counsel Anticipated Litigation (Government Code Section 54956.9(b)). Conference with Legal Counsel Anticipated Litigation (G.C. 54956.9. Significant Exposure to Litigation pursuant to subdivision (b)): Nielsen Avenue Property Government Code Section 54956.8 Real Property Transactions. Negotiators: Laurence Kimura and Ardismae Brooks Properties: Portion of APN 334-320-05 Terms and Conditions: Update Government Code Section 54956.8 Real Property Transactions. Negotiators: Gary R. Serrato, FID and Tony Joaquin, City of Fresno Properties: Portion of APN 487-020-15 Terms and Conditions: Update (Bill Stretch) Government Code Section 54956.8 Real Property Transactions. Negotiators: Gary R. Serrato and Liberty Christian Terms and Conditions: Update (Gary R. Serrato) REPORT OF ACTION TAKEN IN CLOSED SESSION President Boswell adjourned Closed Session at 8:00 and stated there was nothing to report from Closed Session ADJOURNMENT President Boswell adjourned the meeting at 8:01 p.m. Submitted By, Gary R. Serrato Board Secretary 153