August 25, 2004

Regular Meeting

7:30 p.m.

 

          The Board of Directors of the San Benito County Water District convened in regular session at 7:30 p.m. at 30 Mansfield Road, Hollister, CA.  All members present were President Ken Perry, Vice-President John Tobias, Director Robert Swanson, Director James De La Cruz and Director Douglas Keck.  Also present, District Manager/Engineer John S. Gregg, District Counsel David E. Pipal and Administrative Services Officer Maria Alfaro.  President Perry presided.

 

CALL TO ORDER

 

The meeting was called to order at 7: 30 p.m.

 

a.       Pledge of Allegiance to the Flag.

 

President Perry lead the Pledge of Allegiance to the Flag.

 

b.      Approval of Agenda.

Upon motion duly made and seconded, the Agenda for the meeting was unanimously approved.

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

 

President Perry asked the public if there was anyone who wished to speak on any matter not on the Agenda. 

 

Allison Rohnert addressed the board with a petition of the landowners and  residents of the Wright Road and asked that the District intervene with the City of Hollister’s proposed location of percolation ponds in the Buena VistaWright Road area.

 

Upon direction of District Counsel Dave Pipal, he asked that the submitted to the Secretary.

 

William Cabrera, Wright Road resident noted to the board that additional sheets of the petition would be brought in.

 

District Counsel Pipal asked that the remaining pages of the petition be submitted and that the petition be introduced tonight and asked that Secretary read the petition.  Administrative Services Officer, Maria E. Alfaro read the Petition presented by the petitioners.

 

District Counsel Pipal noted that the board could not take any action on this matter tonight due to it not being on the agenda and that it would be placed on an agenda at a future meeting.

 

Vice President asked that a contact person’s name be given to the Secretary.

 

Director Swanson asked that the board hear from all the individuals that were there on this item.

 

Anthony Botelho, representing the San Benito County Farm Bureau, Water Committee Chairman, noted to the board of directors that he was concerned about the percolation ponds on Wright Road.  They are confident that the water district board is doing everything they can to keep the appropriate measures.  Mr. Botelho noted the there has always been a tremendous amount of concern about the salt loading in the San Juan basin through the percolation ponds that exist today.  They recognize that the District, the City of Hollister and the Sunnyslope County Water District agreed upon a management plan to improve and enhance the quality of water resources.  He noted how this action is working in that direction.  They hope that the water district do everything within its power to promote the plan that is in place.  They are officially behind the folks on Wright Road and want to be a part as far as the solutions out there to ensure the water quality and noted that he wanted this on the record.

 

Charlotte O’Bannon, property owner on McCloskey Road, noted that the sewer treatment plant should not be on Wright Road she has noted for the last year or so that the whole plant be moved out of the river.  It may have been good in the 1920s when the treatment plants were built.  Ms. O’Bannon suggested that it should go on land near the Hollister Airport are, that the land is lower than the City of Hollister so you have a drop to get to it.  The present sewer treatment in not large enough and near the creek.  We should face up to the fact that it is in the wrong place and deal with a solution rather that trying to put band aids on it.

 

Joel Hill, Field Representative, SEIU Local 817 addressed the board.  He noted that the union had made several concessions with your bargaining team in good faith.  Mr. Hill noted that they feel the agreement is fair and suggested the board take a look at it.  He asked that the board noted that they employ working families.  The bargaining team noted that the District employs individuals, not families.  The union’s bargaining team has made two counter offers regarding health care, one is a modest flat rate increase which is fair and comparable to other districts.  The other offer is an introduction of a tiered system, which is not only fair to the employees, but it would save the District money.  Mr. Hill noted that the proposals are fair and suggested the board look them over to bring closure to the negotiations.

 

Mike Matulich, Electrician for the Water District.  Mr. Matulich noted that Joel noted to the board that the contract is at a stalemate and asked the board to take a look at it and make a decision.  It makes hard feelings when there is a stalement. 

There being no further public comment.  The President closed the public comment session.

 

CONSENT AGENDA:    

 

1.       Approval of Minutes:  July 28, 2004                - Regular Meeting

                                                                                                                                      August 12, 2004                   - Special Meeting

2.      Allowance of Claims

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

 

REGULAR AGENDA:

 

3.       Public Hearing/Meeting regarding Fairview Road Water System (Zone 104) 2004/2005 Water Year Rates and Charges and Rules and Regulations

a)                  Proof of Publication submitted on Notice of Public Hearing.

Administrative Services Officer Maria E. Alfaro noted to the board that the Public Hearing notice was published in the Pinnacle Newspaper on July 8 and July 15, 2004.

b)                 Presentation of Ordinance Establishing Fairview Road Water System Rates and Charges for Zone 104

District Manager/Engineer John S. Gregg  noted that Jeff Cattaneo, Deputy District Engineer would handle this matter.

c)                  Presentation of Resolution Establishing Rules and Regulations for Domestic (Potable) Water Services Charges in Zone 104

Jeff Cattaneo noted to the board that the items before them were an Ordinance establishing rates and charges and a Resolution establishing rules and regulations.  That the Resolution was a standard resolutions used for all other rural water systems.  District Counsel Pipal noted that the Ordinance noted a rate of $62.00.  Jeff Cattaneo noted that that was correct.   Director Keck asked about the two conditions noted in the memorandum.  Mr. Cattaneo noted that the transfer agreement was in the process of being completed and that some easement issues need to be addressed.

Vice President Tobias asked how many services there were.

Karl Skow, property owner, noted that some of the properties have multiple units on them.

Open Public Hearing.

President Perry opened the public hearing. 

d)                 Close Public Hearing or continue to a later date.

There being no speakers the Public Hearing was closed.

f)        Consideration of:

1)                                                      Ordinance Establishing Fairview Road Water System (Zone 104) Rates and Charges

Director Swanson noted that the Rules and Regulations were identical to others.

Upon a motion duly made and seconded, Ordinance No. 39, Ordinance of the San Benito County Water District Establishing Water Rates and Charges for Zone 104 (Fairview Road Water System) was unanimously approved and adopted.

2)                                                      Resolution Establishing Rules and Regulations for Domestic (Potable) Water Services Charges in Zone 104 for 2004-2005 Water Year

Upon a motion duly made and seconded, Resolution No. 2004-20,.  Resolution of the Board of Directors of the San Benito County Water District Establishing Rules and Regulations For Domestic (Potable) Water Service in Zone 104 (Fairview Road Water System) was unanimously approved and adopted.

 

4.                                                                              Consideration of Resolution Authorizing Execution of the Memorandum of Understanding Regarding Efficient Water Management Practices By Agricultural Water Suppliers in California

 

District Manager/Engineer John S. Gregg noted to the board that this item had been summarized and detailed in the memorandum.  Mr. Gregg recommended that the District become a member.  Director Swanson noted that they meet four times a year in Sacramento.

 

Upon a motion duly made and seconded, Resolution No. 2004-21, Resolution of the San Benito County Water District Board of Directors Authorizing Execution of the AB 3616 Memorandum of Understanding was unanimously approved and adopted.

 

5.                                                                              Consideration of Memorandum of Understanding among the Pajaro Valley Water Management Agency, San Benito County Water District and Santa Clara Valley Water District for Coordination of Water Resources Planning

 

District Manager/Engineer John S. Gregg noted to the board that the memorandum summarized the essential purpose of the MOU.  The intent of this is to have a formal way of looking at what are the issues of the Pajaro Water Management Agency, what are the things that the counties of Santa Clara and San Benito are working on.

 

Director Tobias asked if this would take the place of the current Pajaro Valley

Water and Flood Prevention Authority.  Mr. Gregg noted that it would not.

 

Director De La Cruz asked if this would have any fiscal impact.  Mr. Gregg noted that it would not.  Mr. Gregg noted that the commitment was to communicate and coordinate.

 

District Manager/Engineer John S. Gregg noted that the motion before the board tonight was to authorize District Manager to execute the MOU would be in order.

 

Upon a motion duly made and seconded, the board of directors authorized District Manager/Engineer John S. Gregg to execute the Memorandum of Understanding on behalf of the District.

 

6.                                                                              Report on Treated Water Systems

 

District Manager/Engineer John S. Gregg No report to give on treated water systems.

 

7.      Report on Wastewater Treatment and Disposal

 

District Manager/Engineer John S. Gregg  noted to the board of directors that the District had been working with the Sunnyslope County Water District in the development of Waste Discharge Requirements.  The District has been supporting them in developing a long-term wastewater management plan most recently they approved a contract with a consulting firm for the development of their long term wastewater management plan.  Mr. Gregg noted that the District has worked with the Sunnyslope County Water District on a Scope and, going forward, will assist with issues regarding groundwater conditions and groundwater monitoring which may offer the opportunity to expand the District’s body of knowledge we have in that area, that opportunity would require to pay for some additional drilling and consultant work, will see how this unfolds as this goes forward.  Mr. Gregg noted that the current discharge order will be served by the regional board at the December meeting.   That order set some conditions with waste treatment and discharge and calls for a longrange plan.

 

With regard to the City of Hollister Wastewater Treatment and Disposal, District Manager/Engineer John S. Gregg noted that the City has not produced a long-term wastewater management plan as required by the regional board in the waste discharge order or in the cease and desist order.  They have produced a document that does not address all of the issues called for. That issue had been addressed with correspondence from the Sacramento water resources legal firm.  There are a multitude of activities which do not seem to be coordinated or managed.  Those issues have been raised by the District and the County Board of Supervisors have met with members of the City Council.  There is an agreement to meet again and discuss issues and actions that need to be taken.  There is reasonable agreement among the parties with respect to waste treatment and disposal by the City that is consistent with overall community interest which include issues in the Wright Road area.

 

Director Swanson asked what the percentage of that water is treated by the Sunnyslope County Water District.  Mr. Gregg noted that the water is treated at two sites.  In terms of houses, it is in the range of 20% that they serve water to.  Director Swanson noted that 70 to 80% of it is from the City of Hollister.  Director Swanson asked if they were contracting with the City of Hollister for that.  Mr. Gregg noted that they provide water service only.  The City provides sewer service there is no business link between those enterprises.  

 

8.      Committee Reports:

 

a.                 Ag Waiver Committee (Swanson/Tobias)

 

The Committee had nothing to report at this meeting.

 

b.                 San Benito County/District (Perry/Tobias)

 

Vice President Tobias noted that District Manager/Engineer John S. Gregg  had reported about this on a previous item.

 

9.      District Manager/Engineer’s Report:      

 

a.                                         Comstock Estates Water System Transfer

 

District Manager/Engineer John S. Gregg  noted that there were two items to report about on this item.  The transfer goal will not be met.  The principal reason was that the District had received a petition from the homeowners asking the District to withhold for 90 days.  Mr. Gregg noted that he would report about this item at a later date.

 

b.                                         San Justo Inlet-Outlet Repair Inspection

 

District Manager/Engineer John S. Gregg  provided the board members with a photograph and noted that the flap gate that was removed was placed in the hallway for the Directors to see.  Mr. Gregg noted that dives had been conducted by the USBR to look at the problem with the flap gate.  Mr. Gregg noted that there was a lot of equipment 100 feet under water.   The screen appeared to have failed.  It was covered with plastic bags and a decision to remove the flap gate was made.  Mr. Gregg noted that the bureau researched to address an issue suggested by a biologist, which was not a part of the permitting or requirement.  Further testing is to be done at a future date. Mr. Gregg shared with the directors the critical concern for service.

 

District Manager/Engineer John S. Gregg discussed the fault with Bifurcation on Monday afternoon.  Mr. Gregg noted that computer and/or electrical issues, which control the service of water to San Benito County are being reviewed and that steps are being taken in reviewing equipment on site.  Mr. Gregg noted that these failures are odd and that the District will be reviewing if maintenance or modifications made earlier were contributors to the incident.

 

Mr. Gregg noted to the board that the District was able to move quickly into a correction and recovery mode.  The system was completely back on line by 9:00 a.m. the next day.  The District should take note that the employees really rose to the occasion and should be proud of their accomplishment.  Mr. Gregg mentioned the names of Ray Reynoso, Michael Craig, Cliff Thatcher, Jeff Cattaneo, Jeff Ray and Mike Matulich.

 

Mr. Gregg noted that communication with customers was key.  That not all customers provide telephone numbers for contact in situations like this.

 

c.                                         San Luis Reservoir Low Point

 

District Manager/Engineer John S. Gregg  reported that the San Luis Reservoir was low.  Currently at 350,000 to 400,000 acre-feet.  Given the amount of California that relies on that water in the summertime, if some major event away from a problem.

 

d.       CVP Capital Rate

         

District Manager/Engineer John S. Gregg reported that the Bureau of Reclamation has an enormous challenge with setting up a rate structure with the several hundred contractors in the Central Valley Project.  One piece which serves as a guide to the rate structure is an approach to setting the capital rate that involves considering the amount of water which has been historically been used by a district and an estimate of water it will use in the remaining payment period for those facilities.   They have a stable base to determine rates.  In the opinion of the United States government the rates are not returning at desired rate.  The bureau staff has come up with a proposal that would make the rates incredibly volatile and could result in some customers, south of the delta, in paying more early in the process and in the end paying more than what we are supposed to pay.  This is a serious matter.  The current contract we do not pay now the capital component on the agricultural and the municipal and industrial component is frozen to 2006.  Many customers are concerned about the bureau’s action.  This issue will be raised to the regional director or the assistant of the Bureau of Reclamation.  We will keep you apprised as the events unfold.

 

There being no further business, the meeting adjourned at 8:19 p.m. to a regular meeting on September 29, 2004.

 

 

                                                         

Kenneth Perry

President

 

 

 

 

                                                         

Maria E. Alfaro

Administrative Services Officer