March 25,1998

March 25,1998

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 District Manager, John S. Gregg, Administrative Services Officer, Denise R. Thome, District Counsel, David E. Pipal and members of the general public.

1. PLEDGE OF ALLEGIANCE:

President Swanson asked all to stand and recite the Pledge of 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 FEBRUARY 25, 1998:

Director Buzzetta expressed a clarification on the Investment Committee Report, stating that he had asked about getting an assessment on holdings and requested looking at other agencies. He added that the suggestion was to ultimately look for outside review. He noted that not all of his statements were reflected in the minutes.

Manager Gregg summarized Director Buzzetta’s clarification by stating that he asked about getting an assessment on the current investments, their rate of return, investment manager fees and related matters.

Upon motion duly made, seconded and carried, approved the minutes for February 25, 1998 as presented with the inclusion of Director Buzzetta’s clarification as summarized by Manager Gregg.

4. PUBLIC INPUT:

Jill LaCorte, Los Viboras Road, referred to the February 25, 1998 minutes and indicated that she had two corrections related to the public input section. She stated that she did not ask who owned the Pacheco Pass bridge, but instead wanted to know who owned the little dam that was up above her - she guessed that it was the Pacheco Pass Water District. She stated that she did not mean to request that the District never percolate the creek. She further stated that this year they needed to make repairs and they could not do it unless it was dried out. She repeated her request for the District not to percolate this year.

President Swanson asked Counsel how they would handle the matter since the minutes were already approved and perhaps her clarification could just be stated as such..

Counsel Pipal advised that they could go back to the minutes and re-open for another motion.

President Swanson asked Ms. LaCorte if she was asking for a correction to the minutes.

Ms. LaCorte stated that it was just a mistake and that she possibly said bridge but that she meant the dam.

President Swanson called for common consent of the Board to reflect Ms. LaCorte’s statement of what she meant as opposed to what she actually said, and received said consent.

Manager Gregg stated that he could help put Ms. LaCorte in contact with the Pacheco Pass Water District.

5. ALLOWANCE OF CLAIMS:

Upon motion duly made, seconded and carried, approved the claims as presented.

6. CONSIDER ACTION BY BOARD TO HAVE DISTRICT REPRESENTATION AT

STATE WATER BOARD HEARING RE: JENSEN OPERATION FIELD

INVESTIGATION (Howard Harris):

Manager Gregg stated that the District had been tracking the matter through special counsel and a meeting was scheduled for April 7, 1998

Mr. Harris reported on the matter and commented that the District’s counsel should be assertive. He indicated that they were opening the question of downstream claimant’s rights and recommended that the District should have someone there to assert their rights.

Manager Gregg stated that he would obtain a report from legal counsel as to the facts on which the action focusing on the rights in and only in the existing permit were made, and make them available to the Board.

Director Rupert stated that Mr. Howard’s statements were accurate as to what he (Rupert) did.

7. CONSIDER RESOLUTION TO DESGINATE APPLICANT’S AGENT RE: OFFICE

OF EMERGENCY CLAIMS - "EL NINO" - 98 STORMS:

Upon motion duly made, seconded and carried, adopted Resolution No. 98-5 and authorized the President to sign.

8. HOLLISTER CONDUIT EMERGENCY BYPASS:

Manager Gregg gave an update report noting that the emergency bypass should be complete by May 1, 1998.

Upon motion duly made, seconded and carried, authorized the filing of a categorical exemption based upon findings set forth in attachment II to the categorical exemption.

Manager Gregg recommended the motion to authorize staff to proceed with respect to contractual arrangements for site preparation and for installation of the temporary or interim repair without the normal bidding procedure by force account noting that there would be an effort to obtain competition in three or more proposals from competitive firms with the matter to be brought back to the Board to make the proposals public and award the bid.

Upon motion duly made, seconded and carried, authorized the manager to solicit bids as competitively as possible on an emergency basis and bring the bids back to the Board on or about April 9, 1998 for consideration. Further moved to include findings that the emergency is such that it will not permit delay resulting from the competitive bidding process and that the action is necessary to respond to the emergency.

Manager Gregg noted that the April 9, 1998 special meeting was a target date and may be moved around.

9. CONSIDER RESOLUTION TEMPORARILY SUSPENDING LIMITATIONS ON

INTER-SUBSYSTEM TRANSFERS ESTABLISHED IN SBCWD RESOLUTION 96-5

Upon motion duly made, seconded and carried, adopted Resolution No. 98-6 and authorized the President to sign.

10. PRESENTATION OF 1998 PERCOLATION PLAN:

Manager Gregg explained the proposed 1998 percolation plan and indicated that he could bring a resolution back at the next regular meeting.

Director Gonzales questioned if they were not percolating ag water, how could the District justify a pump tax.

Manager Gregg stated that they could talk about it at the next meeting.

11. CONSIDER AUTHORIZATION TO PROCEED WITH MEMBRANE FILTRATION

PILOT TESTING PROGRAM:

Upon motion duly made, seconded and carried, authorized staff to proceed with membrane filtration pilot testing program.

12. CONSIDER AUTHORIZING PARTICIPATION AND FUNDING OF THE

HOLLISTER AREA URBAN WATER MANAGEMENT PLAN:

Manager Gregg noted a mathematical error on the memo stating that the figure should be $38,000 and not $28,000.

Upon motion duly made, seconded and carried, authorized the expenditure of up to $38,000 on the Hollister Area Urban Water Management Plan.

13. GROUNDWATER COMMITTEE REPORT:

Manager Gregg stated that subject to revisions, the Groundwater Management Plan document was accepted by the agency advisory group as complete and each group was to present it to their respective governing boards. He noted that the group had agreed to, once the document was accepted by their own boards, sign the document and request that the County Board of Supervisors consider accepting the plan and participating in the overview of the plan. He added that by the second week of April additional copies would be distributed to Board members and would be considered for acceptance at the April meeting.

14. CONSIDERATION OF LEASE OF OFFICE SPACE (10 MANSFIELD ROAD) TO

HOME CHURCH OF HOLLISTER FROM APRIL 1, 1998 THROUGH MARCH 31, 2000:

Manager Gregg stated that he was comfortable with a 2 year lease and that they

may want to re-negotiate so as not to be locked into an extension. He noted that there was an abundance of commercial space for rent and they were lucky to have good tenants at a remote location as it was..

Director Gonzales asked about the possibility of selling.

Director Perry felt the District needed the building for future activities. He suggested that they authorize John to enter negotiations for a 2 year lease.

15. DISTRICT MANAGER/ENGINEER’S REPORT:

Employer-Employee Relations.

Manager Gregg stated that the local elections office was used to verify SEIU signatures and that the election would most likely be held May 1^st or 8^th.

Draft EIR for Conforming and Consolidating Central Valley Project Water Rights Permit.

Manager Gregg made a presentation using transparencies and stated that he would route a draft out on Monday or Tuesday and deliver it on April 1, 1998.

Water Conservation/Management Program.

Manager Gregg reported that they were on target and working toward a workshop.

Community Education and Information Program.

Manager Gregg stated that May was water awareness month. He noted that the newsletter was a little behind but should be out within the first couple weeks of April.

District Legislation.

Counsel Pipal stated that he received word that the assembly bill for district legislation had passed the committee and should be in effect soon. He noted that there was no opposition.

Hollister Domestic Wastewater Treatment Plant.

Manager Gregg noted that it was the Board’s request that this matter be on the agenda regularly. He reported that he had participated in a meeting on Friday with the City and that the scope of work had changed shape. He referenced the City’s two issues as a concern about the actual treatment itself and the disposal site.

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 9:45 p.m. to a regular meeting to be held on Wednesday, April 29, 1998 at 7:30 p.m., 30 Mansfield Road, Hollister, California.

__________________________________________

Robert M. Swanson, President

ATTEST:________________________________________________

Denise R. Thome, Administrative Services Officer