August 25, 1999
7:30 p.m.
The Board of Directors of the San Benito County Water District convened in Regular Session. Directors Gary Gonzales, Ken Perry, Bob Swanson, Wm. Rupert and John Tobias 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.
a. Pledge of Allegiance to the Flag
President Perry called the meeting to order and led the pledge of allegiance to the flag.
Upon motion duly made, seconded and unanimously carried the Agenda was approved as submitted.
President Perry opened and closed the public input portion of the meeting hearing no comment from the public.
Consent Agenda:
1. Approval of Minutes for: July 28, 1999 – Regular Meeting
2. Allowance of Claims
After brief discussion of the Claims Report, the Consent Agenda was approved as submitted upon a motion duly made, seconded and unanimously carried.
REGULAR AGENDA:
1. Request for Relief from "Unused" Water Charge – San Juan Oaks
District Manager/Engineer Gregg stated this matter was placed on the Agenda at the request of Scott Fuller, representative of San Juan Oaks Golf Course. He stated the golf course uses and pays M & I water. He stated that due to the Hollister Conduit pipeline damaged, the District issued notices that water deliveries were uncertain, contract amounts may or may not be able to be adjusted. He stated they ordered the maximum amount at beginning. Mr. Fuller stated he was told that the District did not have to pay for unused water and didn’t see why the customer did. He asked for policy change or to apply the $16,000.00 in unused charges to be applied to the current contract.
District Manager/Engineer Gregg stated that the Bureau permits customers to adjust their schedule at end of year so there is not unused water. He stated that does not mean that the District does not have costs. He stated the District is not ‘falsely enriched’ by unused water charges.
District Counsel Pipal stated the Water Contract states that the buyer is responsible for all unused water. He stated that this is almost a contractual situation, but that doesn’t mean this Board can’t look at the policy.
Director Rupert stated there is some flexibility in ordering. Mr. Fuller stated the District allows people to order throughout the year. Director Rupert asked when San Juan Oaks ordered high in the beginning, did the District let you know you could order more. Mr. Gregg stated the District lets the customers know if they had an oversupply, they could transfer, or adjust their account. Mr. Fuller stated in the beginning of the first year we ordered too much water due to inexperience.
Director Swanson asked if other M&I users have had problems like this? Mr. Gregg stated there are this year and there were last year. Director Swanson stated it was his opinion that the Board’s policy stands. He also stated the policy was worth a look.
Director Gonzales suggested the District develope two contracts for water orders. Barbara Mirrione stated Mr. Fuller asked her if he ordered less and needed more water, could he get more. She stated on the original contract the customer pays half and pays in full at the time of reorder. District Counsel Pipal stated the District could amend the contract with the agreement between both parties.
Director Tobias asked what a typical water year for San Juan Oaks was? And if there was an alternate source of water for the golf course? Mr. Fuller stated they have wells and could water the golf course with that water. Mrs. Mirrione stated San Juan Oaks history shows they use from 110 to 463 acre feet.
President Perry asked if there were any other questions, or if District Manager/Engineer Gregg or District Counsel Pipal had anything to add.
Upon motion duly made, seconded and unanimously carried the request for relief from Unused Water Charge was denied.
The Directors agreed with the concept of reviewing the policy of Unused Water Charges for fine-tuning.
District Manager/Engineer Gregg stated the District is working with City of Hollister to accomplish a number of objectives in regards to wastewater issues. He stated this may involve more agencies than San Benito County Water District and the City of Hollister.
District Manager/Engineer Gregg stated ACWA opposes AB-807. He reported on the status and related material of AB-807, stating fundamentally nothing has been done. President Perry stated Board of Supervisor Richard Place requests the District continue to write letters.
District Manager/Engineer Gregg stated the Board needs to accept the By-laws and give instruction to its members. He stated the By-laws add corporate structure to the Water Resources Association.
Upon motion duly made, seconded and unanimously carried, the San Benito County Water Resources Association By-laws were approved and the authorized representative was authorized to accept the Bylaws.
District Manager/Engineer Gregg stated this Item was placed on the Agenda as a progress report. Director Rupert asked what the maximum connections would be? District Manager/Engineer Gregg stated the maximum connection would be 200. Director Gonzales stated he felt this is where the county is going. He stated he felt this was the right direction for the District to go. Director Tobias asked if each individual project would have their own individual rates? He asked if the District would coordinate with the County Planning Department’s requirements for dual systems. District Manager/Engineer Gregg stated the District’s standard may be of higher quality water.
Director Swanson stated he has a concern with the District taking on an older system. He suggested that the older system customers would have to sign to bring system up to the District’s standards. President Perry stated this was just a draft for the Board’s input. He suggested the District address the sodium issue in the report. District Manager/Engineer Gregg stated Staff had not addressed that issue but they certainly could. Director Swanson asked what other concerns does the Board need to look into? He stated Staff and Committee needs to give the Board direction. President Perry suggested bringing it back to the Board at next meeting. Jim Perrine suggested clarification on the handout. Director Tobias stated the word ‘supplemental’ needed to be added. Director Swanson stated some systems will be dual systems.
District Manager/Engineer Gregg stated there were a lot of things aside from droughts that interfere with water delivery. He stated the Bureau can deliver Class A water, and Class B water is available from time to time, the rate being $250 ac ft with all revenue going into an environmental restoration fund.
President Perry stated the main issue is the Board’s responsibility to let the customers know. Director Rupert suggested scheduling Saturday meetings and evening meetings to get the community involved and let representatives know. He suggested holding one of the meetings at the San Juan Bautista Community Center and giving a one hour or half hour presentation. Director Swanson agreed that what was needed was to get the community involved. President Perry suggested having two or three meetings at District Board room. District Manager/Engineer Gregg stated he will work on setting something up, possibly in late October or early November.
District Manager/Engineer Gregg reported that the Committee had met to review some assumptions in regards to budget and would have the 1999/2000 Budget to the Board at end of the month.
District Manager/Engineer Gregg reported the Committee is looking at the issue of encouraging bringing more groundwater into use. He stated he will report on several items in the Manager’s Report.
Mr. Gregg reported there is a good faith effort between Tres Pinos County Water District and Stonegate in combining systems. He stated the alternative, which was requested by U.S. Dept. of Agriculture, is to combine the systems and turn it over to this District.
Mr. Gregg reported that Director Gonzales and he went to a meeting of the Pajaro Valley Water Management Agency. He stated there was leverage put on Pajaro Valley Water Management Agency to be accountable. He stated although a number of issues were discussed, there were no great commitments made. Director Gonzales stated that Agency has some big problems.
Mr. Gregg reported the water use of San Luis Reservoir was below forecast.
Mr. Gregg stated the information for this item was given before. He stated the interim contracts expire in February. He stated Senator Feinstein is in support of settling this issue.
Mr. Gregg reported there is an effort to look at shallow groundwater in the San Juan Valley. He stated Staff has jointly completed a draft report with the City. He stated a copy of the report in Draft form will be available for general review at the end of next month.
f. Aquifer Storage and Recovery Program
Mr. Gregg asked for Director availability for a Special Meeting to be held on Sept. 22nd for a presentation of information, questions, and results. Director Swanson requested the information beforehand so the Directors may review it. District Manager/Engineer Gregg stated he could create a presentation packet for the Directors.
9. 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 reported there were no reasons for going into Executive Session and this Item was not needed.
The vote of each member of the Board on the preceding matters was as follows, unless otherwise stated:
AYES: DIRECTORS: Swanson, Perry, Tobias, Gonzales, Rupert
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
The Board adjourned to a Regular Meeting to be held on September 29, 1999 at 7:30 p.m., 30 Mansfield Road, Hollister, California.
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Kenneth Perry
President of the Board
ATTEST:
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Janet L. Torres
Administrative Services Officer