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October 9, 2007 The Board of Directors of the South San Joaquin Irrigation District met in regular session in their chambers at the hour of 9:00 a.m. Upon roll call the following members were noted present: DIRECTORS: HOLBROOK KAMPER KUIL SCHULZ ROOS Also present were Secretary/Manager Stroud, District Counsel Emrick, WTP Operations Manager Hartman, Engineering Department Supervisor Bologna, District Engineer Gilton, Utility System Director Shields, and Communications Coordinator Sayler. President Kuil called the meeting to order and asked for
public comment. Dawn Pascale
addressed the Board relative to her mother Marilyn Pascale’s property, located
at President Kuil asked the Board to consider approving the Consent Calendar Items as presented. A. Approve SSJID Warrants of $745,344.67 and Payrolls of $282,262.52. B. Regular Board Meeting Minutes of September 25, 2007 and Special Board Meeting Minutes of September 28, 2007. C. Award bid for Electric Entrance Gate project to Valley Entry Systems, Inc at a cost of $38,494 + 5% contingency of $1,924. D. Award bid for Solar Plant Fencing to Stockton Fence for $65,838 + contingency of $3,291.90. Motion by Director Holbrook, seconded by Director Roos, to approve the Consent Calendar Items as presented. PASSED AND ADOPTED this 9th day of October 2007 by the following roll call vote: Ayes: Holbrook Kamper Kuil Schulz Roos Noes: None Consider request by Consider approving Resolution 07-16-P authorizing sale of
District’s real estate interest in a portion of Lateral Ya to SOUTH RESOLUTION
AUTHORIZING THE CONVEYANCE BY QUITCLAIM OF PROPERTY OWNED BY THE DISTRICT
WHEREAS, the SOUTI-i SAN JOAQUIN IRRIGATION DISTRICT, hereinafter referred to as "District", is the title holder of property acquired by virtue of deed recorded in Book "901" of deeds, Page 28 of San Joaquin County Records on September 11, 1944, of San Joaquin County Records, hereinafter referred to as "Subject Property", and further described as a "hockey stick -shaped" strip of land in San Joaquin County located within a portion of Section 8, Township 2 South, Range 7 East, Mount Diablo Base and Meridian, and being more particularly described in the attached Exhibit "A", and WHEREAS, the Subject Property lies within and adjacent to property described as APN 224-021-12, 10 and 13 ("Buyer Property") now owned or to be purchased by Manteca Lifestyle Center, LLC, A Delaware Limited Liability Company, hereinafter referred to as "Buyer", and WHEREAS, Buyer wishes to purchase Subject Property from District pursuant to the terms approved by the District's Board of Directors at its June 28, 2005, March 28, 2006 and October 9, 2007, Board Meetings, and WHEREAS, Buyer will grant
District a new ease WHEREAS, the
District's fee interest is surplus to its needs and the monetary consideration
described below and Buyer's grant of the new ease WHEREAS, his in the best interest of the South San Joaquin Irrigation District that the Subject Property be deeded to Buyer on the following conditions: 1. Buyer shall pay District $375,705 for the Subject Property. 2. The Subject Property will be conveyed by Quitclaim Deed. 3. Buyer shall be responsible for all costs related to transfer, including but not limited to, closing costs, title fees, brokerage fees, survey costs, recording fees and administration costs. 4.
5. District makes no warranties or representations of any kind in connection with the sale of the Subject Property 6.
Buyer shall have conveyed new exclusive ease 7.
Buyer shall have executed a Developer's Agree 8.
An ease 'WHEREAS, the District's Board of Directors finds as follows: 1. The foregoing findings are true 2. The District's interest in the Subject Property proposed to be quitclaim deeded is no longer necessary for District purposes, and 3.
The proposed disposition of the District's Ease NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the South San Joaquin Irrigation District hereby authorize the President and Secretary execute on behalf of the District a quitclaim deed to the Buyer disposing of the District's interest in the Subject Property on the terms described above. The undersigned Assistant Secretary
of the South San Joaquin Irrigation District certifies that the foregoing action
was taken by the Board of Directors at a regular Hartman reported: Zenon is going to send us 45 side panels to help us remove and replace modules. Zenon has said the District may be distorting the forms when removing and replacing them. Handed out the draft memo of the conference Ed Erisman, Senior Operator, attended recently. Several Zenon module users were in attendance. He said Erisman got names of 10 other entities using Zenon’s modules and we will be contacting each of them. He said since July we have about 1,000 hours repairing the modules. Stroud said Zenon offered to do this for $500,000 per year. Shields reported: Handed out an article to use Jarvis on eminent domain to block water projects (dams). District has received appraisal for the land we are putting the solar power panels on. Stroud reported: Currently diverting 220 cfs. OID spilled 2,370 acre feet on us last week. Next Board meeting will have copies of letters from Central Valley Water Quality Control Board to landowners. Safety Days are November 7, 2007 and November 15, 2007. Director’s reports: Kamper asked the status of the City of President Kuil called for closed session. General Counsel Emrick said the Board will discuss items a through d. a.
Conference with legal counsel, existing litigation.
Gov. Code S. 54956.9 b. Conference with labor negotiator, Agency Negotiator: Lee Clark and Jeff Shields Employee organization: I.B.E.W., Local 1245 c.
Conference with real property negotiator:
Negotiating parties: District,
Stockton East Water District. Property:
d. Conference with legal counsel, anticipated litigation, initiation of litigation. Gov. Code, S. 54956.9 (c) One Case Upon returning from closed session General Counsel Emrick reported there was no reportable action taken in closed session. There being no further business to come before the Board it was moved by Director Roos, seconded by Director Schulz, and unanimously carried to adjourn to October 23, 2007 at 9:00 a.m. ATTEST:
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South San Joaquin Irrigation District, 11011 E. Highway 120, Manteca, CA, 95336. ~ Tel: 209.249.4600 ~ Fax: 209.249.4640 Copyright 2005, South San Joaquin Irrigation District. All rights reserved.
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