EST. MADERA...2020/08/20 · MID-BOE-GSA Board Meeting June 16, 2020 Page 3 REPORT ON CLOSED SESSION There was no reportable action taken during Closed Session and the Board will

EST. 1920

MADERA IRRIGATION DISTRICT

MADERA IRRIGATION DISTRICT BOARD OF DIRECTORS REGULAR MEETING

GROUNDWATER SUSTAINABILITY AGENCY MEETING BOARD OF EQUALIZATION

JUNE 16, 2020

MINUTES

Directors Present: James Erickson, President Richard Cosyns, Vice President entered at 1 :25 p.m. due to a conflict of interest Brian Davis entered at 1 :06 p.m. Carl Janzen -David Loquaci

Directors Absent: None

Staff Present: T. D. A. J. C.

T.

Greci, General Manager (GM Greci) Cadenazzi Nolan, Assistant General Manager (AGM Nolan) K wock Sandoval, Secretary to the Board Furstenburg, Interim Controller exited at 2: 12 p.m. Contreras, Operations & Maintenance Manager (OMM Contreras) exited at 2:50 p.m. Welch, HR Administrator I Risk Manager (HR/RM Welch) exited at 3:06 p.m.

D. Garcia, Engineering Tech Supervisor (ETS Garcia) exited at 2:50 p.m.

Others Present: General Counsel John Kinsey, Wanger Jones Helsley; others on the virtual meeting platform that did not identify themselves

CALL TO ORDER/ ROLL CALL President Erickson called the meeting to order at 1:04 p.m. Due to COVID-19, the Board of Directors and staff attended in-person practicing social distancing and the public participated via Zoom teleconferencing only.

APPROVAL OF AGENDA MOTION: Director Janzen I Director Davis to approve the agenda as presented.

MID-BOE-GSA Board Meeting June 16, 2020 Page2

VOTE: A YES: Directors Loquaci, Davis, Janzen, and Erickson NOES:

ABSTAIN: ABSENT: Directors Cosyns

PUBLIC COMMENT: Closed Session President Erickson opened and closed public comment due to no comments from the public participating.

POTENTIAL CONFLICTS OF INTEREST: Closed Session General Counsel Kinsey noted Director Cosyns will recuse himself from the Fresno River riparian discussions due to a conflict.

Director Cosyns entered the meeting at 1: 25 p. m. following the Fresno River discussion.

1. CLOSED SESSION Closed Session items not concluded prior to Regular Session may be continued at the end of the Regular Session.

la. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -Significant exposure to litigation pursuant to paragraph (2) of subdivision ( d) of Government Code Section 54956.9 (1 potential cases)

1 b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -Potential initiation of litigation pursuant to paragraph ( 4) of subdivision ( d) of Government Code Section 54956.9 (3 potential cases)

le. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -Pursuant to Paragraph (1) of subdivision (d) of Section 54956.9; Petition for the Adjudication of Rights to the Fresno River, before the State Water Resources Control Board

ld. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9; Cindy Reyna Castro v. Madera Irrigation District, et. al., Case No. MCV078961

le. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9; Madera Irrigation District v. Smith-Adobe Ranch Family Limited Partnership, Case No. MCV081757

lf. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Paragraph (1) of subdivision (b) of Government Code Section 54957 Title: General Manager and Assistant General Manager

CALL TO ORDER REGULAR SESSION/ PLEDGE OF ALLEGIANCE President Erickson called Regular Session to order at 2:00 p.m.

MID-BOE-GSA Board Meeting June 16, 2020 Page 3

REPORT ON CLOSED SESSION There was no reportable action taken during Closed Session and the Board will reconvene to Closed Session for item If.

POTENTIAL CONFLICTS OF INTEREST There were no potential conflicts of interest noted. General Counsel Kinsey will recuse himself from item 5b.

PUBLIC COMMENT: MID Groundwater Sustainability Agency & Regular Session President Erickson opened and closed public comment due to no comments from the public. Instructions were given regarding the options for public participation via the hand raise and chat features on Zoom.

RECESS AS MID BOARD OF DIRECTORS & CONVENE AS BOARD OF EQUALIZATION -2:02 p.m.

The Board of Directors, acting as the Board of Equalization will hear and determine objections to the valuation, acreage, or any other matter pertaining to assessments.

Interim Controller Furstenburg reviewed the Board of Equalization documents. The Board of Directors (BOD) will convene as a Board of Equalization to hear and determine objections to the valuations, acreage, and/or any matter pertaining to assessments. The meetings begin today Tuesday, June 16, 2020 and end Friday, June 16, 2020. Interim Controller Furstenburg stated the approximate assessment revenue based on the unequalized roll for 2021 is $6,053,572.45. Interim Controller Furstenburg reviewed Exhibits AE. Exhibit A shows the changes from the 2020 equalized roll to the 2021 unequalized roll. Exhibit B shows the individual parcel changes for the 2021 assessments. Exhibit C shows the parcels currently in the non-irrigated program. These parcels are must be fallow for three consecutive years in order to be Category 7 lands. Exhibit D is the category definitions and Exhibit E shows the assessment comparison from 2011 to 2021. Interim Controller Furstenburg noted this is the last year for the 3% increase for the 9(d) assessment. There are no approvals required today and this is for information purposes only. There were no comments from the public.

ADJOURN AS BOARD OF EQUALIZATION & CONVENE AS MID GROUNDWATER SUSTAINABILITY AGENCY - 2:06 p.m.

a. Update on MID Groundwater Sustainability Agency (GSA)

General Counsel Kinsey reported on the Coordination Agreement as required by SGMA. The Madera Subbasin did not have an agreement signed by all parties. The only agency that did not sign the Coordination Agreement was New Stone Water District. A mediation occurred on Friday, June 12, 2020 and a tentative agreement was reached subject to approval by the GSAs' boards. General Counsel Kinsey stated the item will be included on the June 19, 2020 agenda.

AGM Nolan stated the MID GSA continues to work on implementation.


ADJOURN AS MID GROUNDWATER SUSTAINABILITY AGENCY & RECONVENE AS MID BOARD OF DIRECTORS - 2:08 p.m.

2. CONSENT AGENDA

2a. Approval of April 22, 2020 Special Board Meeting Minutes

2b. Approval of May 7, 2020 Special Board Meeting Minutes

2c. Discussion / possible action on approval of warrant list payment through June 16, 2020

2d. Discussion / possible action on monthly financial reports for April

MOTION: Director Janzen/ Director Loquaci to approve the consent agenda as presented.

DISCUSSION: There was no discussion.

PUBLIC COMMENT: President Erickson opened and closed public comment due to no comments from the public.

VOTE: ROLL CALL A YES: Directors Loquaci, Cosyns, Davis, Janzen, and Erickson NOES:

ABSTAIN: ABSENT:

3. INFORMATION ITEMS

3a. Finance / Human Resources Report

Interim Controller Furstenburg reported the Finance Department has made and documented the required parcel changes and have run a 2021 unequalized assessment roll. The second payment from the County of Madera for assessments from December 14, 2019 through April 17, 2020 was received in the amount of approximately $2.6 million. The Subordinate assessments were billed and payments are due by June 20, 2020.

HR/RM Welch reported the HR Department has been busy with recruitment to ensure full staff for the Operations Department. An Accounting Technician I was hired to assist in the Finance Department. Significant time has been spent on legislation research and updates related to COVID-19.

3b. Engineering I Operations/ Maintenance Report • Capital Improvement Projects Presentation


ETS Garcia reported the engineering staff has been coordinating possible off-season projects with the Maintenance Department. The SDR 900 MHZ radio antenna was installed on the tower in the MID yard. The radio will help prevent issues with potential hacking. Engineering staff has been testing and replacing batteries on the SCADA sites and verifying the flows at all the sites.

OMM Contreras reported there have been a lot of battery issues for the Rubicon gates. The batteries need to be replaced every 4 years. OMM Contreras stated there are three new canal operators this year and training has been on-going. The inlet flows as of June 11, 2020 were 101 cfs at the 6.2, 175 cfs at the 24.2, 147 cfs at the 32.2, Hidden at 141 cfs, and the Big Main at 110 cfs. OMM Contreras reported on the 6.2 head beam replacement and the sinkhole repairs.

AGM Nolan noted the Semiannual Well Run graph is available on the District's website and is from the CASGEM wells. AGM Nolan, ETS Garcia, and OMM Contreras presented the Capital Improvement Projects PowerPoint.

4. GENERAL MANAGER'S REPORT

4a. Update of Activities • Centennial Celebration - October 2, 2020 • July-August Regular Board Meetings • Water Supply

GM Greci reported the MID Stream Monitor will be mailed out on Friday and will include an article on the Capital Improvement Projects. Information will also be included on the new grower platform. Secretary Sandoval explained the new grower platform is a new website where growers can obtain their parcel, water usage, and water billing information. The new platform is userfriendly and mobile friendly. AGM Nolan encouraged everyone to go online and check it out. AGM Nolan stated with the next billing statements there will be a letter included with the login information. Director Cosyns suggested at our event in the fall, we have a demo of the new platform.

GM Greci reported on the Centennial Celebration currently scheduled for October 2, 2020. The event will proceed as allowed. GM Greci stated the July-August Regular Board Meetings will be cancelled and a Special Board Meeting will be held on August 6, 2020.

GM Greci reported on the current water supply. Demands are tracking and picking up. The current projections show the District running into the end of July with the 60% allocation.

5. NEW BUSINESS

Sa. Discussion I possible action on Cafeteria Plan Adoption Agreement, Summary Plan Description, and Basic Plan Document #125, Resolution No 2020-16

MOTION: Director Loquaci / Director Cosyns to approve the Cafeteria Plan Adoption Agreement, Summary Plan Description, and Basic Plan Document #125, Resolution No. 2020-16.


DISCUSSION: HR/RM Welch stated in an effort to maintain compliance with changing legislation the Section 125 Cafeteria Plan needs an update. In addition, with the COVID-19 pandemic there are increased allowances with respect to the Section 125. There are temporary changes including ability to change coverage mid-year. AGM Nolan noted the Section 125 is administered by the District and contributions are made by the employee. There are two components the childcare component and the medical component. Employees can elect to take a portion of their paycheck up to the IRS limit pre-tax to use for childcare and medical expenses each year. AGM Nolan stated because of COVID-19, employees can either opt-in or out of the Section 125 and increase or decrease their contributions. There are permanent changes such as over the counter medication now being eligible for reimbursement, which previously were not reimbursable. HR/RM Welch stated employees will be scheduled for one-on-one meetings with HR. GM Greci stated there will be small group meetings with social distancing. The changes need to occur by August 31, 2020 for this plan year.



ABSTAIN: ABSENT:

General Counsel Kinsey exited the meeting.from 3:06 p.m. - 3: IO p.m. during item 5b.

Sb. Discussion/ possible action on Amendment to Fee Agreement with Wanger Jones Helsley, Resolution No. 2020-17

MOTION: Director Janzen I Director Loquaci to approve the Amendment to Fee Agreement with Wanger Jones Helsley.

DISCUSSION: GM Greci stated the Fee Agreement with Wanger Jones Helsley has not been modified since it was entered into in March 2013. GM Greci stated staff approached Wanger Jones Helsley regarding amending the Fee Agreement to the current public agency rates. The amendment is highly recommended and supported by staff because of the high level of service the District receives. The changes are to the hourly rates with shareholders going from $255 to $295, senior associates from $210 to $245, junior associates from $185 to $215, and paralegals from $140 to $175. Mr. Wanger's rate will remain the same at $425. Director Janzen stated it is less than the cost ofliving since 2013. AGM Nolan stated these are the rates for work done on behalf of the District, but reimbursable items are billed at the reimbursable rate.



VOTE: ROLL CALL AYES: Directors Loquaci, Cosyns, Davis, Janzen, and Erickson NOES:

ABSTAIN: ABSENT:

5c. Discussion I possible action on Project Cooperation Agreement between City of Madera and Madera Irrigation District Golf Course Basins, Resolution No. 2020-18

MOTION: Director Loquaci / Director Cosyns to approve the Project Cooperation Agreement between City of Madera and Madera Irrigation District Golf Course Basins, Resolution No. 2020-18.

DISCUSSION: GM Greci stated he and AGM Nolan are excited to have this item on the agenda. The golf course basin project has been discussed with the City of Madera for approximately 8 years. GM Greci and AGM Nolan met with the City Manager. GM Greci stated there are basins at the golf course that can be used for recharge purposes. The Project Cooperation Agreement is similar to the agreement for the Berry Basin. The District and the City of Madera will share equally in the groundwater recharge benefit for any water delivered to the City by either party. GM Greci noted the basins are visible and signage will be installed. AGM Nolan stated the City of Madera is still waiting on hearing from the FAA on the project. AGM Nolan stated this is one of the projects discussed for GSA implementation.



ABSTAIN: ABSENT:

5d. Discussion/ possible direction on Friant Water Authority Request for Interest in Friant-Kern Canal Middle Reach Zone 3 Capacity

DISCUSSION: GM Greci stated there is significant subsidence on the Friant-Kern Canal from Milepost 88 to Milepost 121.50. The has been a significant loss of capacity. Friant Water Authority ("FWA") has been working on project alternatives to enlarge or realign segments of the Friant-Kern Canal and secure the necessary funding. They need to show backstop funding to receive state and federal funding. The Friant Water Authority Board of Directors has authorized a Request for Interest to gauge interest of Friant contractors in funding a portion of the project in exchange for capacity rights in the capacity over and above the portion of project capacity that can be funded from publicly provided funds.

The capacity in the Friant-Kern Canal below Milepost 88 would be divided into three Zones: Zone 1 - Capacity without the Project


Zone 2 - Capacity due to FW A, public, GSA, conveyance charge funding Zone 3 - Capacity due to Friant contractor additional funding

There are three methods of Zone 3 funding: Option 1 - Direct funding, where a Friant contractor may provide a lump sum payment for construction costs equal to the amount of permanent capacity desired; Option 2 - Loan to FWA, where a Friant contractor may also provide a loan to FW A in exchange for Zone 3 capacity rights that would convert to Zone 2 as FW A repaid the loan; or Option 3 - Loan guarantee, where a Friant contract may also agree to "guarantee" or "backstop"

expected payments or other FW A revenue sources. The Friant contractor would agree to make payments to FW A should the designated revenue sources fail to meet its obligation.

GM Greci noted this will get very complicated very quickly. GM Greci stated the District pays our freight when moving water by paying the O&M rate. GM Greci stated he does not see an interest by MID at this time. Director Janzen stated the District does not necessarily need capacity in the Friant-Kem Canal. The Board direction was to decline interest in the Zone 3 funding.


6. DIRECTOR REPORTS, COMMITTEE REPORTS, FUTURE AGENDA ITEMS Director Cosyns stated there have been issues growers have spoken to him about, but issues have been resolved quickly by OMM Contreras and Operations Supervisor Guillen.

Director Davis stated there seems to be a lot of water running in his area. Director Davis stated the winds have been hurting them. The canal operators have been flexible.

Director Janzen encouraged growers to use water on the weekends, so the creek does not go up and down. Director Janzen reported on the Friant Power Authority and Regional Water Management Group meetings.

Director Loquaci reported most everyone has been happy because we are running water.

Director Erickson reported on Friant Water Authority.

7. NEXT SCHEDULED BOARD MEETING June 19, 2020- Special Board Meeting August 6, 2020 - Special Board Meeting

8. ADJOURNMENT The Board reconvened to Closed Session at 4:10 p.m. for item If. The Board reconvened to Open Session at 5 :36 p.m. and announced no reportable action was taken. The meeting was adjourned at 5:37 p.m.


APPROVED FOR THE BOARD:

JesErickson resident

Date: 8 /4 /2 ~.2 o

Documents

EST. MADERA...2020/08/20 · MID-BOE-GSA Board Meeting June 16, 2020 Page 3 REPORT ON CLOSED SESSION There was no reportable action taken during Closed Session and the Board will