January 28, 1998
7:30 p.m.
The Board of Directors of the San Benito County Water District convened in
regular session. All members of the Board were present together with
Manager/Engineer,
1) PLEDGE OF ALLEGIANCE:
President Swanson asked all to stand and pledge allegiance to the flag.
2) APPROVAL OF THE AGENDA:
Upon motion duly made, seconded and carried, approved the agenda as presented.
3)
APPROVAL OF MINUTES FOR:
Upon motion duly
made, seconded and carried, approved the minutes for the meetings of
4) PUBLIC INPUT:
There was no public input.
5) ALLOWANCE OF CLAIMS:
Upon motion duly made, seconded and carried, approved the claims as presented.
6)
REQUEST BY GEORGIA
CLAIM:
President Swanson stated that due to legality issues they would refer the request from the Haskins to Counsel Pipal and the Manager and a committee, to which he would appoint Directors Rupert and himself. He explained that they would meet with the Haskins in the month of February and would be in contact with them to set the date.
7) REQUEST BY SERVICE EMPLOYEES INTERNATIONAL UNION-LOCAL 817 TO
REPETITION FOR FORMAL RECOGNITION BY SECRET BALLOT ELECTION AS
THE EMPLOYEES ORGANIZATION REPRESENTING A MAJORITY OF THE
BARGAINING UNIT:
Ken Dursa, organizer and representative for SEIU-Local 817, explained that he had appeared before the Board in October, 1997 and submitted a petition at that time. He noted that an employer/employee relations resolution was adopted at that meeting. He stated that they wanted a secret ballot election for the employees to be handled by a neutral third party. He indicated that they did not want a contest of dueling attorneys. Mr. Dursa stated that the employer/employee resolution placed Manager Gregg in a difficult and unfair position and the employees under him in an unfavorable place, citing a question of credibility. He suggested that they use the California State Department of Mediation and Conciliation at no cost.
President Swanson stated that they would refer the matter to District Counsel Pipal and Manager Gregg and that they were to report back at the next meeting or before in answer to Mr. Dursa’s request.
Counsel Pipal stated that he would like the Board to acknowledge receipt of the petition. He explained that they would deal with Mr. Dursa and his questions on the resolution before the next meeting.
Mr. Dursa asked who would authorize the names on the cards.
Counsel Pipal stated that they would discuss that matter.
Upon motion duly made, seconded and carried, acknowledged receipt of the petition from SEIU-Local 817.
Don Miller, San Benito County Water District employee, wanted to know why they needed a union when the group was so small. He indicated that the employees were listening to one person. He stated that he was happy working for the District and indicated that if persons were unhappy perhaps it was time to move on. He felt the union could not do anything for the District employees.
Jude Dictado, San Benito County Water District employee, stated that he was there that night to request a secret ballot. He stated that he believed in representation by a competent organization who knew about labor law. He felt there was not enough time to review the resolution handed out to employees, noting that he was at a seminar in San Luis Obispo at the time. He stated that the District needed to inform people and provide legal counsel. He reiterated that he felt legal counsel should have been offered. He stated that he was at the meeting as a dedicated employee.
Gilbert Maldonado, San Benito County Water District employee, stated that he agreed with Mr. Dictado’s point of view.
Manager Gregg stated that the resolution may not be as complicated as it appears. He reassured that they were not dragging anything out and that the timeline given of the next meeting was an outside timeline. He stated that they were prepared to act promptly.
8) CONSIDERATION OF ACCEPTANCE OF THE ANNUAL GROUNDWATER
REPORT FOR THE 1996-1997 WATER YEAR
DETERMINATIONS:
Manager Gregg stated that there was a link between the Ground Water Report and subsequent findings and proceedings, a link between the two processes.
Counsel Pipal stated that if the Board intended to accept the Ground Water Report as complete, there were requirements that it contain certain information as required by the District Act.
Upon motion duly made, seconded and carried, accepted the Ground Water Report and found and determined that the report contains all information required under Water Code Section 70-7.6. The Board specifically finds and determines that the report recommends that a ground water charge be levied in Zone 6 of the District and that the rates charged for agricultural and M&I ground water are below the rates needed to cover costs. The Board further finds and determines that the cost of USBR water does not represent the total cost of providing ground water service.
Manager Gregg commended and expressed appreciation to the City of Hollister and Sunnyslope County Water District for their cooperation.
9) 1998/1999 WATER RATES & CHARGES:
San Felipe Distribution System Standby and Availability Charges:
Ground Water Charges in Zone 6:
Manager Gregg stated
that the Board had indicated that they would like to handle all rates and
charges at the same time, but that could not be done that evening as the public
hearing for the San Felipe Rates and Charges had not been noticed, due to staff
error, and that a public hearing had been published for Monday,
President Swanson asked if he could entertain a motion to table the matters
until
Counsel Pipal advised that they should open the public hearings and take public
comment, if any, and then continue the public hearings to
President Swanson opened the public hearings on both San Felipe Distribution System Standby and Availability Charges and Ground Water Charges in Zone 6.
Jim Perrine, City of Hollister, encouraged the Board to continue the public hearing on ground water charges as he had just received the information that evening and would like a chance to review the material before the public hearing. He asked if they had addressed the application of Proposition 218.
Counsel Pipal replied that he had done so in the form of a memo to the Board and that Manager Gregg could make that memo available.
Upon motion duly made, seconded and carried, continued the public hearings on
San Felipe Distribution System Standby and Availability Charges and Ground
Water Charges in Zone 6, to
10)
CONSIDERATION OF RESOLUTION FOR VOLUNTEER PERSONNEL
WORKERS’ COMPENSATION COVERAGE AS REQUIRED BY ACWA/JPIA
LIABILITY PROGRAM:
Manager Gregg explained that it was a requirement of our liability insurance carrier, ACWA/JPIA, that this resolution be adopted.
Upon motion duly made, seconded and carried, adopted Resolution 98-1 and authorized the President to sign the same.
11)
AWARD OF
Manager Gregg recommended that the Board award the bid to Selby Petroleum, Inc. who was the lowest bidder and suggested that the board state that they waive any irregularities in the bid, in their motion. He explained that one of the bids had included tax and one had not and that it was a basic mix up in how each company handled taxes.
Upon motion duly made, seconded and carried, awarded the bid to Selby Petroleum, Inc. and waived any irregularities in the bid.
12) COMMITTEE REPORTS:
Director Gonzales reported that the committee had met the previous day and everything was in good shape.
Administrative Services Officer Thome reported that the committee reviewed the fourth quarter investment performance and determined that the investments were being managed in compliance with the District Board Investment Policy. She stated that they had also reviewed the projected cash requirements for the next six months and determined that the District had sufficient cash reserves available to meet its cash demands for the next six months.
Manager Gregg indicated that an investment committee meeting had been scheduled for next month for the annual review of the District’s Investment Policy. He stated that if any other Board members had concerns or issues they wanted addressed in that area, they may submit them to him for review at that meeting.
Manager Gregg stated that he had been forwarding documents with comments
on the Ground Water Management Plan over the last six weeks and noted that if there were comments from the Board they should go to the committee or himself.
Director Rupert referred to a comment in the plan which indicated that there was a lack of interest on the water treatment plant and it would probably not be built until the year 2002. He wanted to know where the lack of interest was, as he thought it was a high priority for the community.
Director Perry stated that in the community there was not a real move to get it done.
Manager Gregg cited that the matter was not on the agenda of the City of Hollister or Sunnyslope County Water District and that there was no public interest.
Director Rupert spoke from personal experience as to the expense of replacing pipes, fixtures and a water heater as a result of the water and that the community should be interested. He added that they would not use as much detergent and dishwashing liquid with good water. He felt it was the District’s responsibility to generate interest along with the City of Hollister and Sunnyslope County Water District and create a public awareness drive.
President Swanson challenged directors Buzzetta and Perry of the committee to create a public awareness plan.
Director Perry indicated that they had already started. He noted a draft format of a public awareness issue that Anne Stull, District employee, was working on.
President Swanson asked if the committee would come back to the Board on this.
Director Perry replied that they would. He stated that it was part of the Ground Water Management Plan which they hoped to adopt soon.
Director Gonzales stated that the public needs to be aware of why they need a treatment plant and suggested that perhaps they should consider a ballot to see if the public is interested.
Director Perry spoke of other alternatives. He noted that the sewer plant did not work.
Director Gonzales felt the public should know what the future holds.
Chairman Swanson asked if the committee would be coming back to the Board with a public awareness program.
Director Perry replied that they would be doing so, formally , within the next 2 months.
13) DIRECTOR ATTENDANCE AT ACWA 1998 LEGISLATIVE SEMINAR, MARCH
17 & 18, 1998:
President Swanson asked if any director was interested in attending the conference.
None of the directors expressed an interest.
Counsel Pipal stated that it was his intention to go.
Manager Gregg stated that he may attend this year.
14) CONSIDER APPOINTMENT OF SAN LUIS DELTA MENDOTA WATER
AUTHORITY BOARD OF DIRECTOR:
Upon motion duly made, seconded and carried, appointed Director Gonzales as director to San Luis Delta Mendota Water Authority Board and appointed Manager Gregg as alternate.
15) CONSIDERATION OF BOARD COMMITTEES:
Director Perry expressed concern for the possibility of being in constant conflict with the Brown Act because of the overlapping of the Treatment Plant Committee and the Ground Water Committee.
Manager Gregg suggested that they try it with the two separate committees for awhile to see if it would work.
President Swanson indicated that the public awareness was on the shoulders of the Ground Water Committee. He directed that both committees were to stay in force and report back to the full Board on a regular basis.
Director Perry commented that they were ready to move forward and they were in need of participation from other agencies.
16) DISTRICT MANAGER/ENGINEER’S REPORT:
Manager Gregg stated that it was his intent to have this item on each agenda.
He reported that he had met with Rob Mendiola, County Planning Director, and was set to meet with the City of Hollister Manager on Friday.
State Water Resources Control Board:
Manager Gregg reported that the deadline date for comments on the EIR had moved to April 1, 1998 and added that he would report comments to the Board in February or March.
Manager Gregg referred to handouts he had distributed with respect to a rainfall plot and the Bureau press release regarding the preliminary water allocation. He noted that the article in the Free Lance was misleading by indicating an 80% allocation, adding that many factors played into that figure. He stated that the allocation would most likely be between 50% and 80% and much depended on rainfall in January, February and March and snow pack.
Manager Gregg commented that the Employer-Employee Relations resolution had far more flexibility than some readers may give it. He indicated that he had received a petition for informal recognition for an Employees’ Association. He stated that he would continue in discussion and consideration of the matter with Legal Counsel.
Manager Gregg indicated that the matter had been discussed and that there was no action necessary.
The vote of each member of the Board on preceding matters was as follows, unless otherwise stated:
AYES: DIRECTORS: Rupert, Gonzales, Buzzetta, Perry, Swanson
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
The Board adjourned at 8:44 p.m. to a special meeting to be held on Monday, February 2, 1998 at 7:30 p.m., 30 Mansfield Road, Hollister, California.
__________________________________________
Robert M. Swanson, President
ATTEST:
____________________________________________
Denise R. Thome, Administrative Services Officer