June 17, 1999

7:30 p.m.

The Board of Directors of the San Benito County Water District convened in Special Session. Directors Wm. Rupert, Bob Swanson, Gary Gonzales, John Tobias were present together with District Manager/Engineer John S. Gregg and District Counsel David Pipal. Director Kenneth Perry was absent.

 

a.       Pledge of Allegiance

Vice President John Tobias called the meeting to order and led the Pledge of Allegiance.

b.       Public Input

Vice President Tobias opened the public input portion of the meeting. Hearing no comment from the public, Vice President Tobias closed the public input portion of the meeting.

1.       Review Comments on City of Hollister Revised Initial Study/Negative Declaration, Domestic Wastewater

District Counsel Pipal reported that the City of Hollister is in the process of receiving comments on mitigated negative declaration. He stated the deadline for the comments is the 19^th of June. He stated once all the comments are received, the City has the option of holding a public hearing or put the comments into the mitigated negative declaration and file it. He stated outside agencies have 30 days to challenge the City’s decision. District Counsel Pipal stated tonight the Board is reviewing the District’s comments, due to the fact there may not be a public hearing. District Manager/Engineer Gregg gave background information on the project. He stated during 1988, the domestic treatment plant was unable to treat incoming wastewater, so the water was diverted to industrial plant on an emergency basis. He stated the City is now proposing to divert the domestic wastewater into industrial waste system in a more organized way. He stated they will use the full treatment which will double their treatment capacity. He stated regarding the domestic treatment plant, they plan to buy property west of the Highway 156 bypass and expand the treatment plant capacity. He stated they have acquired the land but due to the clay beneath surface, there is no percolation in that area. He stated the City now reports the domestic wastewater will be exceeded next year and now it is an urgency and emergency situation. He stated what the City has proposed is not a short term solution but they state it is part of a long term proposal. He stated if we use the Table out of 1997 Groundwater Report and we reduce the percolation we are still over supplied. He stated the city has ignored the statistics in their proposal. He continued that the City hasn’t addressed the over supply of groundwater in the San Juan area.

Vice President Tobias asked if the Directors had any comments. Director Rupert had no comment. Director Swanson stated the water quality in San Juan cannot be a separate issue. District Manager/Engineer Gregg stated it was a major issue. He added in terms of the current record, we have a much firmer argument with quantity. He stated the City’s action was inconsistent with the cooperative efforts they have with the Board addressing the water quality issue. Director Gonzales had no comment.

District Counsel Pipal suggested removing #2 in the comments and stick with the water issues. District Manager/Engineer Gregg stated #2 should be eliminated. He stated the document has not addressed the consistency with the goals. He stated the degradation of water quality is also a degradation of groundwater resources. He stated it was harder to correct a water quality of groundwater than surface water. He added the City may not have a solution during these high groundwater circumstances. Vice President Tobias asked how detailed do the District Manager/Engineer Gregg get? District Manager/Engineer Gregg stated it was broken down in the comments. He added the City’s reports site the increase in sodium and chloride and that is the direction that our comments go. He stated the comments were prepared on the basis of supporting litigation.

Director Rupert stated he had not read the entire comments, but agreed with the content of the letter and felt the Board will have to step on some toes to get the attention. Director Swanson agreed. Director Gonzales stated this project doubles the capacity of the treatment plant that already has problems and he stated he agrees to take this step. Vice President Tobias stated he felt the Board has no choice but to respond. Director Swanson requested to review the procedure for the litigation. District Counsel Pipal stated June 19^th is the deadline to receive comments, the City will have meeting to decide if they will have a public comment hearing or not. Vice President Tobias asked if someone from the District would attend the meeting. District Manager/Engineer Gregg stated he was open for direction from the Board. He stated he felt it was important to attend meeting. He stated he would request they consider the seriousness of the situation. District Counsel Pipal stated a representative of the District should attend. He stated the City can proceed with an emergency measure. Director Gonzales asked on a short term solution what could the City do? District Manager/Engineer Gregg stated they could do this project. Director Gonzales stated this is the short term solution. Vice President Tobias stated it was like a trial balloon. District Manager/Engineer Gregg stated this could be a part of a broader based response in order to meet with City Manager one on one. He stated the Board and District are more interested in serving the community. He stated he felt it would not be inappropriate to speak with political influences in the City. Director Swanson stated due to the importance of this matter, he felt the Board’s comments should be put in form of a motion. Director Gonzales stated he felt that the groundwater quality is the main issue and felt the Board needs to make it clear to City. Director Rupert stated he agreed with the vote for a stronger voice.

Upon motion duly made, seconded and unanimously carried the proposed comments were supported by the Board with the deletion of Item #2.

2.      Executive Session        CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION

          Initiation of Litigation or deciding whether to initiate litigation pursuant to Subdivision [C] of Section 54956.9 of the Government Code.

          District Counsel Pipal stated this item was not necessary.

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

AYES:                   DIRECTORS:                  Swanson, Tobias, Gonzales, Rupert

NOES:                  DIRECTORS:                  None

ABSENT:               DIRECTORS:                  Perry

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

 

 

____________________________________

John Tobias

Vice President of the Board

ATTEST:

 

_____________________________________

Janet L. Torres

Administrative Services Officer