May 26, 1999

7:30 p.m.

The Board of Directors of the San Benito County Water District convened in Regular Session. Directors Wm. Rupert, Gary Gonzales, Kenneth Perry, John Tobias and Bob Swanson were present together with District Manager/Engineer John S. Gregg, Operations and Maintenance Supervisor Cliff Thatcher, District Counsel David Pipal and Administrative Services Officer Janet L. Torres.

Pledge of Allegiance to the Flag

President Perry called the meeting to order and led the flag salute.

Approval of Agenda

Upon motion duly made, seconded and carried the Agenda was approved as submitted.

Public Input

President Perry opened and closed the Public Input portion of the meeting, hearing no comment from the public.

1. Approval of Minutes for: April 28, 1999 – Regular Meeting

May 13, 1999 – Special Meeting

Allowance of Claims

3. Consider Resolution changing Regular Meeting date for the Month of June, 1999

Director Rupert stated he may be out of the Country on the 23^rd of June, there were no other conflicts with the other directors. Director Tobias questioned the claim for payment to Water Specialties. District Manager/Engineer Gregg stated this payment does not go toward the meters staff was having problems with.

Upon motion duly made, seconded and unanimously carried the Consent Agenda was approved and Resolution No. 99-12 was adopted.

Review and Discussion of Hollister Area Urban Management Plan 2000

District Manager/Engineer Gregg stated this was a joint project with the City of Hollister and Sunnyslope County Water District. He stated the Plan had gone through a series of presentations during the development. He explained Public Hearings and meetings were held in compliance of the code of the urban management plan. He stated if the Board finds the report acceptable of purpose, a resolution would be forthcoming to approve the plan. There was a discussion of the elements of the resolution.

District Manager/Engineer Gregg stated the Resolution and report are linked together. President Perry asked if the requirement for the Bureau report goes along with this report? District Manager/Engineer Gregg stated it did.

District Manager/Engineer Gregg stated he would go forward with the resolution, review the additions with the Board members to verify tonight’s discussion and present it to the Board at the next meeting for approval.

5. Consider Resolution Opposing AB807 (Keeley), Pajaro River Watershed Flood Prevention Authority

District Manager/Engineer Gregg stated he was putting together a draft resolution opposing AB 807 (Keeley). He stated the bill seemed to be flawed. District Counsel Pipal stated he couldn’t get too excited about this bill. He stated there were no enforcement provisions, and it was flawed in so many ways. He stated his only concern was that through this legislature it could force other agencies to join in joint agreement. He stated he was not sure a resolution opposing the bill would do any good. Director Rupert stated he though a resolution is a good way to show the community that the Board opposes the bill. Director Swanson agreed with Director Rupert and stated the Board needs to take a position. Director Gonzales stated the bill doesn’t identify any projects. He stated he felt the government wanted to collect tax and use it the way they feel. He stated he agreed to oppose the bill. Director Tobias stated he felt sometimes no comment means approval. He stated he felt the Board needed to adopt a resolution to oppose the bill. President Perry stated he agreed with the other directors. District Manager/Engineer Gregg stated specific projects have not been identified and the Board may want to add a couple of things, such as; the precedence setting issue of legislature compelling joint agencies for flood control. He stated that was one reason rural agencies are opposed to the bill. He stated the bill hasn’t identified what the flood risks are or identified the vehicles to address them.

Upon motion duly made, seconded and unanimously carried Resolution No. 99-13 was adopted with modifications as discussed.

6. District Manager/Engineer Report:

Legislative Report

SB 1006 (Costa), Drinking Water – This bill establishes regulations on water softeners. There will be more discussion at the next meeting and possibly the adoption of a resolution.

SB 1132 (Costa), Capital Facilities Fees – This bill supports educational institutions paying capital fees for utilities. It may be appropriate for the Board to adopt a resolution.

SB 989 (Sher), Pollution, Groundwater, MTBE – This bill supports removing MTBEs from the groundwater. We will continue to track this.

AB 1410 (Margett), Public Government Contracts: Late payments – This bill seeks to create penalties rather than impose interest on late payments to contractors.

District Manager/Engineer reported he will track the status of these bills and will report back to the Board.

Director Tobias asked if the Board would send the resolutions to the committees or to the local representatives. District Manager/Engineer Gregg stated it would go to the local representatives, the author of the bill and the committees associated with bill.

b) Operations

Zone 3 – District Manager/Engineer Gregg reported with the intent to minimize seepage at Paicines and Hernandez reservoirs the District will be beginning to release water to the Tres Pinos Creek. The intent is to keep the river flowing into the Paicines area. He reported the District has constructed a single berm, which will be monitored. President Perry stated he has heard complaints of someone pumping water from yukie berm and using it on their crops. District Manager/Engineer Gregg stated he has walked the berm and has not seen a pump system pulling water from the berm and distributing it to the crops. He stated he has seen a flexible hose that looks like a drainage system.

Zone 6 – District Manager/Engineer Gregg stated basically Hernandez and San Justo Reservoirs are both full. Director Swanson asked if the District was releasing water now? District Manager/Engineer Gregg stated there is little or no flow in the high end of Paicines valley. He stated the flow was increased today and in the past water has been previously released. He stated the releases were started to keep water in the valley. Director Swanson asked for an update on the purchase of pipe for the Hollister Conduit Repair. District Manager/Engineer Gregg stated he was expecting a drawing from the manufacturer. He added upon approval of the drawing they will be ready to go to bid in July or August. He stated no the question is how to get a hold of farmers to notify of shut-downs. He stated the shut-downs should be in October. Director Swanson asked if it would take one or two weeks to install the pipe. District Manager/Engineer Gregg stated if shorter lengths were ordered it should take at least one week of shut-down. Director Tobias asked if the shut-down was just for the pipe connection? District Manager/Engineer Gregg stated it was.

c) FEMA/OES Mediation – District Manager/Engineer Gregg reported the District went through a mediation process for reimbursement from the federal government for the storm repair work performed on the Hollister Conduit. He stated, due to the diligence and hard work performed by Cliff Thatcher, Cheryl Tyler and Jeff Cattaneo we are receiving reimbursement.

d) San Justo Reservoir Emergency Action Plan – District Manager/Engineer Gregg stated an update of the plan is being reviewed. He stated the process has become more complicated than anticipated. He stated it involves a process led by Bureau of Reclamation. He stated they will be looking at a dam failure with surge through San Juan Valley to Watsonville. He stated the Board will be informed when the schedule is available. He reported a table top exercise should be completed by the end of September, 1999.

e) City of Hollister Wastewater Treatment Activities – District Manager/Engineer Gregg stated the City has prepared a mitigated negative declaration for the Hollister Wastewater Treatment Plant. He stated it has been sent to the District for comments. He requested scheduling a special meeting the week of June 14th to have comments back to the City before the 19^th of June. President Perry asked if it was mitigated to the Districts satisfaction? District Manager/Engineer Gregg stated he had not read the entire document and could not say. Director Rupert stated it was imperative for the Board to comment and encouraged a special meeting. Director Swanson agreed. Director Gonzales stated he felt the city was backing themselves against wall. He stated this was only a short term solution. Director Tobias stated he was in favor of responding. District Manager/Engineer Gregg asked if June 17^th worked for the Directors for a special meeting. All were in agreement.

Employer-Employee Relations – District Manager/Engineer Gregg stated he had distributed a Memorandum regarding a petition requesting the recognition be revoked. He stated the next step is to have an election. He stated an election is planned for middle of June, and will hopefully be managed by the County Election Department.

President Perry commented on the Hollister Water Treatment Plant. He stated there was a similar water treatment plant in the San Diego area that lets treated water go out five miles, brings it back and uses it as potable water.

The vote of each member of the Board on the preceding matters was as follows, unless otherwise stated:

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

NOES: DIRECTORS: None

ABSENT: DIRECTORS: None

The Board adjourned to a Regular Meeting to be held on June 23, 1999 at 7:30 p.m., 30 Mansfield Road, Hollister, California.

_________________________________________

Kenneth Perry

President of the Board

ATTEST: __________________________________

Janet L. Torres

Administrative Services Officer