February 2, 1998

7:30 p.m.

 

          The Board of Directors of the San Benito County Water District convened in special session. All members of the Board were present together with District Manager/Engineer, John S. Gregg, Administrative Services Officer, Denise R. Thome, District Counsel, David E. Pipal and members of the general public.

          PLEDGE OF ALLEGIANCE:

          President Swanson asked all to stand and pledge allegiance to the flag.

1.       CONTINUATION OF PUBLIC HEARING AND CONSIDERATION OF

RESOLUTION IMPLEMENTING SAN FELIPE DISTRIBUTION SYSTEM

STANDBY AND AVAILABILITY CHARGES FOR THE 1998/1999 WATER YEAR

(Continued from January 28, 1998):

2.       PUBLIC HEARING TO CONSIDER AN ORDINANCE SETTING 1998-1999 SAN

            FELIPE DISTRIBUTION SYSTEM RATES AND CHARGES:

3.       PUBLIC HEARING TO CONSIDER A RESOLUTION ESTABLISHING GROUND

WATER CHARGES IN ZONE 6 FOR THE 1998-1999 WATER YEAR (Continued from January 28, 1998):

President Swanson asked if the public hearing had been properly notice.

            Administrative Services Officer Thome supplied the proof of publication and replied that yes it had been properly noticed.

President Swanson opened all three public hearings.

Jim Perrine, City of Hollister, spoke in regards to the groundwater charges and

expressed the City’s appreciation for not increasing the rate for M & I groundwater. He added that they would like to see the rate lowered but were in support of keeping the same charges.

            There being no further public comment, the President closed all three public hearings.

            Director Buzzetta noted an earlier memo which listed full cost at $240 per acre foot and the ordinance stated $200 per acre foot.

            Staff replied that it should be $240 per acre foot, it was a typographical error and that it would be changed accordingly.

            Counsel Pipal stated that in regards to standby and availability charges, he determined that Proposition 218 did not apply, noting that the same methodology was used as it had been used in previous years. He stated that in regards to the blue valve charge it was the same theory that the charge was not imposed just because you have property but in fact was how you use your property. He stated that Proposition 218 did not apply to standby and availability or blue valve charges.

            Director Perry asked why the District did not collect the fee directly.

            Counsel Pipal stated that it goes directly on the tax bill, an assessment on the property. He added that the matter was brought up some months ago and it was decided that it would be left as it was.

            Upon motion duly made, seconded and carried, adopted Resolution No. 98-2 and authorized the President to sign.

            Upon motion duly made, seconded and carried, adopted Ordinance No. 27 with the correction of the typographical error of full cost to $240 per acre foot, and authorized the President to sign.

            Upon motion duly made, seconded and carried, adopted Resolution No. 98-3, authorized the President to sign and in support of the groundwater charge established by the Board on this date, the Board made the following findings and determinations:

1. The charges for agricultural water and water other than agricultural

water have been computed at a fixed and uniform rate per acre foot.

1. The rate for agricultural water does not exceed 1/3 rate of the rate for

water other than agricultural water.

1. As illustrated in the document entitled "March ’98 - February ’99

Groundwater Revenue Requirements/Charges attached hereto and incorporated herein of reference, the groundwater charge does not exceed the costs reasonably borne by the District in the 1998/99 water year in providing the water supply service authorized in the District Act and Propositions A & B approved by the voters in November 8, 1977.

            The meeting adjourned at 7:50 p.m.

            The vote of the board members was as follows unless otherwise stated:

            AYES:               DIRECTORS: Rupert, Gonzales, Perry, Buzzetta, Swanson

            NOES:              DIRECTORS: None

            ABSENT:          DIRECTORS: None

 

 

 

 

                                                                        ____________________________________

                                                                        Robert M. Swanson, President

 

ATTEST:

_________________________________________

Denise R. Thome, Administrative Services Officer