June 24, 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, Janet L. Torres, District Counsel, David E. Pipal and members of the general public.

a.         PLEDGE OF ALLEGIANCE:

            President Swanson asked all to stand and recite the Pledge of Allegiance to the flag.

b.         APPROVAL OF THE AGENDA:

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

c.         PUBLIC INPUT:

            There was no public input at this time.

            President Swanson stated all consent items shall be considered as a whole and without discussion unless a particular item is removed from the consent agenda. A Board member may discuss individual items or seek information from staff or legal counsel without removing the item from the Consent Agenda. A member of the public should seek recognition by the President if comment is desired. He further explained that approval of consent items shall be made by one motion.

1-3.      APPROVAL OF MINUTES FOR APRIL 29, 1998-REGULAR MEETING, MAY 27, 1998-REGULAR MEETING AND JUNE 15, 1998-SPECIAL MEETING.

Upon motion duly made, seconded and carried, the minutes for April 29, 1998, May 27, 1998 and June 15, 1998 were approved as presented.

4.         ALLOWANCE OF CLAIMS:

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

5.         CONSIDER RESOLUTION AUTHORIZING PRESIDENT TO EXECUTE AGREEMENT TO FOR THE WATER RESOURCES ASSOCIATION OF SAN BENITO COUNTY:

            Upon motion duly made, seconded and carried, adopted Resolution 98-11 and authorized the President to sign.

6.         CONSIDER RESOLUTION ORDERING DISTRICT ELECTION, REQUESTING ELECTION SERVICES AND AUTHORIZING PAYMENT THEREFORE:

            Upon motion duly made, seconded and carried, adopted Resolution 98-12 and authorized the President to sign.

7.         EMPLOYEE RECOGNITION: CONSIDER RESOLUTION RECOGNIZING DICK RAUTMANN FOR HIS YEARS OF SERVICE AND WISHING HIM THE BEST OF LUCK IN HIS RETIREMENT:

            President Swanson pulled this item and moved it to later in the meeting.

8.         SAN JUAN DRAINAGE: AUTHORIZE MANAGER TO RETAIN MR. ROBERT HAIGHT, INC. AS BOND COUNSEL FOR A SAN JUAN VALLEY DRAINAGE ZONE:

Manager Gregg stated Mr. Robert M. Haight of Haight and Weist had extensive experience in developing small projects and their funding. He stated he recommended the District retain Mr. Haight as bond counsel and authorize District Manager to execute the engagement letter on behalf of the District to retain those services. Manager Gregg stated Haight and Weist’s fees are 1% of bond issue and expenses. The purpose of issuing a bond is to create a vehicle to fund maintenance and capital improvements. He stated Haight and Weist would offer professional assistance. Director Gonzales asked for a timeframe. Manager Gregg stated it would take approximately 120 - 180 days provided the landowners agree to continue with the project. Director Perry asked how many public hearing would be held before going to bond. Manager Gregg stated there would be one public hearing before the Board of Supervisors. President Swanson asked for authorization for Manager Gregg to retain Mr. Robert M. Haight. Director Gonzales asked who determines the benefit need. Manager Gregg stated an engineer will be hired to assess the individual benefit need. Director Rupert stated he felt this project will be controversial. Director Perry stated he had spoken to one of the largest upper land owners and he is in support of it. He added the District will get a consensus before they go spend the money. Upon motion duly made, seconded and carried, authorized the Manager to retain Haight and Weist, Inc. for bond counsel services.

Director Buzzetta requested going back to Consent Agenda #5. President Swanson stated to discuss this item it would have to be moved to bring it back for discussion. Upon duly moved, seconded and carried, Item #5, from the Consent Agenda, was brought back for discussion after Item #10.

President Swanson took a moment to welcome the new Administrative Services Officer.

9.         COMMITTEE REPORTS:

a)         Expansion Committee (Perry/Swanson):

Manager Gregg reported there is a request by a developer on Comstock Road (41 parcels, 5 acres each), for a package treatment plant to treat San Felipe Water. He stated the developer would construct the treatment plant to the District’s specifications and wanted the District to consider being the owner and operator of that system. Manager Gregg stated a Zone would be formed so rates could be set for that subdivision. He stated if the District was interested in committing to this, the Expansion Committee would research the possibility and report back to the Board. Counsel Pipal suggested a system similar to Stonegate. Manager Gregg stated that was a possibility. Director Perry stated he would like to look into it further and felt it was worth looking at. President Swanson stated the Board is interested to have Manager Gregg continue.

            b)         Flood Control/Drainage Committee (Gonzales/Perry)

            This item was covered earlier in the meeting.

7.         EMPLOYEE RECOGNITION: CONSIDER RESOLUTION RECOGNIZING DICK RAUTMANN FOR HIS YEARS OF SERVICE AND WISHING HIM THE BEST OF LUCK IN HIS RETIREMENT.

President Swanson read the Resolution. Upon motion duly made, seconded and carried, adopt Resolution 98-13. President Swanson presented a plaque to Dick Rautmann honoring his employment from 1982 - 1998. Mr. Rautmann spoke and submitted a letter to Manager Gregg. Manager Gregg read Mr. Rautmann’s letter.

10.       DISTRICT MANAGER/ENGINEER’S REPORT:

Manager Gregg called on Counsel Pipal for report.

a)         Legislative Activities:

            1)         District Act:

Counsel Pipal report the District Act has made it through assembly will be heard at Senate Appropriations Committee on June 29th. After passing, then to senate floor and governor to sign.

                        2)         Pajaro River Flood Prevention Authority:

Counsel Pipal reported he met with Assemblyman Keely and indicated he is interested in finding an alternative to this bill. Counsel Pipal informed Assemblyman Keely the District’s willingness to work and cooperate with all agencies involved. Counsel Pipal informed Assemblyman Keely the District would be requesting the State participate in funding for the program. Counsel Pipal reported Assemblyman Keely asked each agencies to write letter by July 11th outlining their positions. He added another meeting is set for July 17th to discuss the responses from the various entities. Manager Gregg stated this program addressed finding solutions for problems, looking at land use issues and related flood issues.

b)         Membrane Filtration Pilot Plant:

Manager Gregg stated a technical group meeting was held with Sunnyslope, their consultants and the City of Hollister. He reported they talked about expanding the pilot plant. The technical team has produced a scope of work, in reference to testing. Manager Gregg stated some of our equipment has arrived, they are planning to wire and plumb next week. He reported they are looking at July 6th to start up activity. President Swanson asked when orientation is anticipated. Manager Gregg stated adding it to the Special Meeting on the agenda July 9th at 7:30p.m. He stated it would be followed with the Hollister Conduit Repair and follow with a progress report.

c)         Hollister Domestic Waste Water Treatment Plant:

Manager Gregg reported there have been a series of meetings and discussions with City of Hollister. He stated our interest is how to manage water in San Juan basin. He added currently they are reviewing a scope of work to pump groundwater out of basin. Director Gonzales asked about pumping out of wells into the river. Manager Gregg stated the water would have to be pumped far enough down the valley to not allow percolation in the basin. He stated they are looking to develop a fact base to look for options.

d)         Zone 6 Operation:

Manager Gregg stated in terms of the reduction of water supply due to the loss of the conduit. He stated the District is working with the customers and have not shut anyone off. He stated they are looking at changes to use smaller time blocks. He added the system is working extremely well. He stated options need to be looked at.

President Swanson requested Zone 3 percolation be set on the agenda for the July meeting.

Director Gonzales asked if Manager Gregg had an estimate to when put berms will be put up. Manager Gregg stated one is scheduled to be put up between Cienega Bridge and Nash Road after July 4th.

e)         Water Conservation and Public Education/Information Programs:

Manager Gregg stated copies of letters that were received from the community which was generated by the newsletter were distributed to the Board. He added the District is anticipating in participating in the street fair and is working on another newsletter for later in summer. He stated July is the target month for a public meeting of the Urban Water Management Plan for either presentations or a public meeting. He stated the Directors will have the preliminary information before it goes out.

5.         CONSIDER RESOLUTION AUTHORIZING PRESIDENT TO EXECUTE AGREEMENT TO FORM THE WATER RESOURCES ASSOCIATION OF SAN BENITO COUNTY:

President Swanson stated this Resolution 98-10 had been passed and the Board moved to bring this item back for discussion. Director Buzzetta stated he was totally for groundwater management plan. He stated had some questions and concerns regarding costs, estimates for budget and the action of the association. He stated he was under the assumption the association wasn’t going to implement things, just conduct studies. Manager Gregg stated as structured the member has the power to coordinate the study, not to conduct the study. He stated it was rewritten to take out the broader language. Counsel Pipal stated the member is the agency. He added the member is not an individual but an entity. Director Perry stated this agreement was no different than San Luis & Delta-Mendota agreement. He stated he felt there was enough protection in agreement. Counsel Pipal stated the reason for incorporating is the association is liable not the entity. Director Buzzetta stated he needed clarity on liability and recommended lowering the two-thirds majority. President Swanson stated special by-laws would give any member authority to charge. Director Perry stated when the board picks the person they set the rules. Director Buzzetta stated some language in the agreement doesn’t say that. Counsel Pipal stated it says no member has authorization to commit. He added the member would need to go back to the board for authorization. Manager Gregg stated he felt the language was clear. Director Buzzetta stated he wanted to voice his opinions of distaste for powers and purpose, implementation, budget and rescission sections in the Agreement. Counsel Pipal stated just to make it clear there is a need for a separate motion. Director Perry moved to accept the agreement as written, order the president to sign and adopt Resolution 98-11. Motion passed with vote 4 to 1. Director Buzzetta dissenting.

11.       EXECUTIVE SESSION:       CONFERENCE WITH LABOR NEGOTIATOR

            Pursuant to Government Code Section 54957.8

            Agency Negotiator:   District Manager

            Field and Office Employee Unit:       S.E.I.U. - Local 817

            The Board adjourned into executive session.

            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 10:10 p.m. to a special meeting to be held on July 9, 1998 at 7:30 p.m., 30 Mansfield Road, Hollister, California.

 

 

                                                                        /s/ Robert M. Swanson .

                                                                        Robert M. Swanson, President

 

ATTEST: /s/ Janet L. Torres .

             Janet L. Torres

             Administrative Services Officer