July 30, 2003

7:30 p.m.

 

          The Board of Directors of the San Benito County Water District convened in Regular Session.  Directors Kenneth Perry, John Tobias, Douglas Keck and James DeLaCruz were present together with District Manager/Engineer John S. Gregg, Deputy District Engineer Jeff Cattaneo, District Counsel David Pipal and District Counsel Janet Goldsmith.

 

a.       Pledge of Allegiance to the Flag

          President Perry called the meeting to order and led the Pledge of Allegiance to the Flag.

 

b.       Approval of Agenda

          Upon motion duly made, seconded and unanimously carried the Agenda was approved as submitted with Item#8 being moved to the beginning of the Regular Agenda and adding an Executive Session.

 

c.       Public Input:  Members of the Public are Invited to Speak on any Matter not on the Agenda

          President Perry opened and closed the Public Input section of the Meeting hearing no comment from the Public.

 

CONSENT AGENDA

 

1.       Approval of Minutes for:          June 25, 2003 – Regular Meeting

2.       Allowance of Claims

3.       Acceptance of Quarterly Investment Report – Quarter ending June 30, 2003

Upon a motion duly made, seconded and unanimously carried, the Consent Agenda was approved.

 

REGULAR AGENDA:

 

8.       Report on USBR Contract Negotiations

          Janet Goldsmith reported the United States Bureau of Reclamation has the same position as 18 months ago.  She stated this is a CVP wide issue, which is subject to environmental considerations.  She stated a request has been sent to Washington for a Reservation of Rights provision for the Ag and M&I policy.  She stated she felt the District was in a good position to renew early or not to renew early. 

 

EXECUTIVE SESSION

 

4.       Conference with Legal Counsel Regarding Anticipated Litigation:

Significant Exposure to Litigation Pursuant to

Subdivision (b) of Section 54956.9 of the Government Code

          Number of Potential Cases:  One

          Potential Litigation Involving Challenge to CVP Renewal Contract

          The Board returned to Regular Session reporting that authorization was given to Representatives [San Luis Delta Mendota Authority] to intervene. 

 

5.       Harmony Hills Water System’s Public Hearing Regarding Special Annual Assessment and Resolution Extending Time to Meet Zone Formation Pre-Conditions:

          a)       Proof of Publication – Kim Green read the Proof of Publication.

          b)       Presentation – Jeff Cattaneo gave a brief background report, legal description and assessments.  He stated the transfer is completed the next step would be to tally the votes, set the assessments and adopt an Ordinance at the next meeting, consist with the Prop 218 requirements.  He stated Parcel No. 023-01-0-045 should be reduced from 4 assessments to a single assessment and Parcel No. 023-24-0-14-0 should be removed from the assessment.  He stated they were not serviceable and the assessments would be absorbed by the District (amount of $868).  Upon a motion duly made, seconded and unanimously carried, the two mentioned parcel assessments would be absorbed.

          c)       Tabulation of Ballots – Jeff Cattaneo reported there were a total of 10,218 votes of which 8682 were ‘Yes’ votes, 551 were ‘No’ votes and 985 were incomplete.  He stated out of a total of 9,233 votes that were considered, 94% were ‘Yes’ and 6% were ‘No’.  Dave Pipal stated the majority of the voters approved the assessment.  Upon a motion duly made, seconded and unanimously carried the election results were certified and the levy was approved.

          d)       Open Public Hearing - President Perry opened the Public Hearing Input section of the Meeting.  Colleen Gibson asked if the 4 parcels that were considered not serviceable were ever considered serviceable, how would the District go back and reassess those parcels.  District Manager/Engineer Gregg stated at that time they would consider a reconnection charge and charge the equity.

          e)       Close Public Hearing or continue to later date – President Perry closed the Public Hearing.

          f)       Findings – David Pipal read the findings and stated he would bring the Ordinance back to the next meeting for adoption. 

g)       Consider Resolution Amending Resolution No. 2002-17, as amended, a Resolution Establishing Zone 103 and Undertaking a Project Therein – Upon a motion duly made, seconded and unanimously carried, Resolution No. 2003-21 was adopted incorporating the Findings.

         

6.       Receive Petition from Fairview Road Landowners for the Initiation of a Project and the Establishment of a Zone of Benefit for the Project

District Manager/Engineer Gregg reported landowners have contacted the District regarding their water system at 6562 Fairview Road, which serves 40 people by 10 services.  He stated Department of Health Services sent a letter indicating four agencies, including the San Benito County Water District capable to take over their water system.  Upon a motion duly made, seconded and unanimously carried the Board accepted the Petition.

 

7.       Authorization to Distribute/Circulate Draft Programmatic Environmental Impact Report, Groundwater Management Plan Update for the San Benito County Portion of the Gilroy-Hollister Groundwater Basin

District Manager/Engineer Gregg stated the District is the lead agency for conducting the Environmental Assessment and preparing the PEIR for the Groundwater Management Plan Update for the San Benito County portion of the Hollister-Gilroy Groundwater Basin.  Upon a motion duly made, seconded and unanimously carried authorization was given to distribute and circulate the Draft PEIR, Groundwater Management Plan Update for the San Benito County portion of the Hollister-Gilroy Groundwater Basin.

 

8.       Report and Discussion Regarding County of Santa Cruz Relinquishment of the Pajaro River Levee System Maintenance

Jeff Cattaneo reported Santa Cruz County has sought to relinquish the maintenance of the Pajaro River Levee.  He stated as a result of the relinquishment the maintenance will revert back to the State Department of Water Resources.  He stated DWR would increase the assessment area to include the upstream watershed, including all of San Benito River watershed.

 

9.       Report on Hollister Area Water Treatment Plants

District Manager/Engineer Gregg stated there have been some meetings with Sunnyslope County Water District.  He stated a Scope of Work and MOU between this District and Sunnyslope County Water District is being developed.  He stated this District will conduct the Hollister Area Urban Water Master Plan.  

 

10.     Report on City of Hollister Wastewater Treatment Plants

District Manager/Engineer Gregg stated the City of Hollister has completed a significant amount of technical work with respect to treatment processes.  He stated the District is working with the City on treatment and disposal of wastewater.

 

11.     Approval of the District’s 2003/2004 Budget

          District Manager/Engineer Gregg stated the Budget is not complete.  He stated another Audit and Budget Committee will be held and a recommended Budged is expected to be presented to the Board at a Special Board Meeting or at August’s Regular Board Meeting.

 

12.     Committee Reports:

a)                 Audit and Budget (Swanson/DeLaCruz) – No further report.

b)                 Personnel (Perry/DeLaCruz) – Interviews will be held on August 6th.for the Agricultural and Urban Irrigation Specialist and Water Resources Technician positions. 

c)                 Investment (Keck/Tobias) – The Committee is researching 6-month verses 1-year rates for better return.

 

13.     District Manager/Engineer’s Report:         

a)       San Juan Infrastructure – working with San Juan on water quality/quantity issues.

b)       San Juan Valley Surface/Subsurface Drainage – Grant application for water quality study has been submitted.  Waiting for an invitation to go forward.

c)       North Area Water Management Plan – working on a Draft Request for Proposals to move water around in the north county area.

d)       Regional Recycled Water Facilities Plan – administrative part of the project was kicked off 2 weeks ago.

e)       Rural Water Systems – meeting August 19th with Comstock Estates regarding District becoming owner of water system.

f)       CVP South of Delta Water Availability – during meetings USBR has not delivered fully on promises.  Have seen significant reductions in availability of water.  Would like to spend not more than $10,000 in research.

 

The vote of the Board was as follows, unless otherwise stated:

 

AYES:                                       DIRECTORS:                                                          Perry, Tobias, DeLaCruz, Keck

NOES:                   DIRECTORS:                   None

ABSENT:      DIRECTORS:                   Swanson

 

          The Board adjourned to a Regular Meeting to be held on August 27, 2003 at 7:30 p.m., 30 Mansfield Road, Hollister, California.

 

 

Minutes were approved at the August 27, 2003 Regular Board Meeting by the presiding Board Member:

 

 

____/s/Kenneth A. Perry______

Kenneth A. Perry

President of the Board

ATTEST:       ___/s/Janet L. Miller_________

                   Janet L. Miller, Administrative Services Officer