September 23, 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 Manager/Engineer John S. Gregg, District Counsel David E. Pipal, Administrative Services Officer Janet L. Torres and members of the public.

a.       Pledge of Allegiance to the Flag:

President Swanson requested everyone to stand and recite the Pledge of Allegiance to the Flag.

b.       Approval of the Agenda:

            Upon motion duly made, seconded and unanimously passed, the Agenda was approved as submitted.

c.       Public Input:

            President Swanson opened the public comment period. Upon hearing no comment from the public, the comment period was closed.

1.       APPROVAL OF MINUTES FOR AUGUST 26, 1998, REGULAR MEETING

            Upon motion duly made, seconded and carried, the Minutes were approved with a correction to the first paragraph on page 3. The word Fair is to be added after ‘County.’

2.       ALLOWANCE OF CLAIMS

            Upon motion duly made, seconded and carried, the Claims were approved as submitted.

3.       AUTHORIZE MANAGER TO EXECUTE LETTER COMMITTING THE DISTRICT TO PROVIDE $37,650 FOR CONTINUATION OF THE COOPERATIVE WATER RESOURCE PROGRAM WITH THE U.S. GEOLOGIC SURVEY

            Upon motion duly made, seconded and carried, authorization was given to the Manager to execute a letter as submitted.

4.       AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH SUNNYSLOPE COUNTY WATER DISTRICT AND NORTH EAST FAIRVIEW LANDOWNERS FOR WATER ASSESSMENT

District Manager Gregg referred to a Memorandum that was placed in the Board Packet. He stated this Item relates to the development of a specific plan in which Zone 6 is involved. He stated Sunnyslope Co. Water District and San Benito County Water District both have obligations to serve this area. Director Perry asked how come the district has the responsibility? District Manager Gregg the District is the main water supply. He added that Sunnyslope has paid for a water supply assessment. He stated the District’s share would be $10,000.00. Director Perry asked how come this cost wasn’t covered in the Environmental Impact Report (EIR)? District Manager Gregg stated reasonably new legislature (1994 or 1995) required water assessments to be completed during the EIR process. President Swanson asked if that meant the District would have to pay for another study outside of the Northeast Fairview area? District Manager Gregg stated it did not because basically it was the same water supply. He stated there was a significant supply of groundwater west of Fairview and a less amount east of Fairview. Director Buzzetta asked if the District could charge the developer for these charges? District Manager Gregg stated the District could recover the costs of re-formatting, in other words, if information is added the District could recover those costs. Director Perry asked if the projects being built along John Smith and Airline Highway had to pay for these studies? District Manager Gregg stated he would have to go back and look. Counsel Pipal stated this was the only project that required this study. District Manager Gregg stated you must have a water supply and you can charge to develop those water supplies. Director Buzzetta asked if Sunnyslope County Water District had access to the groundwater in that area? District Manager Gregg stated the City of Hollister had stated they would supply water to certain parcels across Zone 6. President Swanson asked if this was going to address the issues of Zone 3 water going out of Zone 3? District Manager Gregg stated it would. Director Rupert asked if the county did an assessment when the project was proposed? District Manager Gregg stated they looked at a global basis. He added he had not looked back to 1988 or 1989 when the project was proposed. Director Rupert stated he believed the county did not require an assessment at that time. District Manager Gregg stated he would not expect the EIR to be completed without it. Director Rupert asked if San Benito County would be participating in the water resources agency. District Manager Gregg stated it was his understanding they will be on as an advisory unit in October.

Upon motion duly made, seconded and passed authorization was given to the District Manager to execute an Agreement with Sunnyslope County Water District and Northeast Fairview Landowners for Water Supply Assessment.

Director Rupert stated he hoped this was the first step toward cooperation with the county. District Manager Gregg stated the water code section creates an obligation for water districts and planning agencies to meet once a year.

5.       REPORT AND DISCUSSION ON PACHECO CREEK STREAM BANK PROTECTION AND REPAIR OF HOLLISTER CONTUIT.

District Manager Gregg stated the District is pursuing an effort to repair the Hollister conduit starting with bank protection, rock, earthwork, re-vegetation and vegetation, and replacement of Hollister conduit. He stated the work within the creek itself requires an issuance of 404 permit from Fish and Game, and comes under the clean water act. District Manager Gregg stated Pacheco Creek had been identified as a habitat of red legged frogs. He stated he was informed last that Fish and Wildlife will issue the permit. District Manager Gregg stated a Notice to Contractors had been sent out, he had a pre-bid meeting with contractors. He stated he was asked the Board to find this project exempt under contents of full contractors code. He stated he was proceeding on a competitive basis. District Manager Gregg stated he sent notifications to Granite Rock Construction, Wattis Construction and other local contractors. He stated Peter Kewit did not attend the pre-bid meeting, along with some local contractors. He stated he anticipated the bid opening on Monday, October 5, 1998, and it may be extended to Tues (6th) or Wed (7th). He stated a special meeting will be set to award the contract. He stated he would like to have the contractor on the job as quickly as possible. He added he had hoped by the end of October the work would be done. He stated the District believes the job can be done in three weeks. President Swanson asked when the pipe would be installed? District Manager Gregg stated it was anticipated at this point to order pipe this winter, and it all hinges on access. He added there was no reason why they couldn’t have the pipe in by next spring. Director Buzzetta asked if there was a warrantee on bank protection? District Manager Gregg stated only on workmanship, but another big storm taking it out would be between the District and the engineer.

6.       COMMITTEE REPORTS:

a)      Investment Committee.     Director Buzzetta stated Dean Witter had been requested to sell the Unit Investment Trusts and the letter had been faxed to the Directors. He stated there had been no committee meetings since then. District Manager Gregg stated they were anticipating holding a meeting the first of next week. Director Rupert asked if the District Manager got any response from his previous letter. District Manager Gregg stated he received a verbal response but did not receive a letter. He stated the District would follow up with a letter from Counsel Pipal.

b)      Groundwater Committee. District Manager stated there was an organizational meeting of potentially incorporating the water resources agency. He stated so far the City of San Juan Bautista, the City of Hollister, Sunnyslope County Water District and this District have joined. He stated Tres Pinos Water District has placed the item on the agenda for their next meeting and Aromas County Water District has not responded. District Manager Gregg stated Supervisor Place has indicated that the Board of Supervisors will participate.

7.       DISTRICT MANAGER/ENGINEER’S REPORT:

a)      San Benito River Operations.      District Manager Gregg stated the District was going to shutdown the releases from Hernandez this Friday.

b)      San Felipe Distribution System Operations. District Manager Gregg stated the water demands were off slightly with the cool weather. He stated due to the previous highs the District was able to put water back into San Felipe and was operating at 60 acre feet per second.

c)       Aquifer Storage and Recovery Program. District Manager Gregg stated he anticipated mid to late October beginning the program to inject water into ground, allow residence time and pump it back out. He stated the program should be complete the middle to end of March. Director Rupert asked when the tour of the Membrane Filtration Plant would be held? District Manager Gregg stated he would be meeting with the City of Hollister in October.

            d)      Investment Workshop. District Manager Gregg stated the target date was set for October 21st, but would work best for PFM on October 22nd. He stated Nancy Jones, from PFM, would send out information packets to the Directors, including material describing a model portfolio. He stated she would then contact the Directors for any questions they may have. He stated the workshop would cost from $2,500 to $3,500 for consultant fees. President Swanson asked if October 22, 1998 was alright for everyone. With all in agreement District Manager Gregg stated it would be an evening meeting.

e)       Special Purpose Management Controls Review. District Manager Gregg stated this process was for the review of the District’s internal controls and management controls, would distinguish policies, practices, conditions on control on banking, investments, and security on computer systems. He reviewed the schedule with the Board of Directors. He stated after reviewing the proposals, the Audit and Budget Committee would bring their decision back to the Board during the October meeting for the awarding of the contract.

f)       Zone 3 Boundary and Export Issues. District Manager Gregg stated from time to time, export issues keep coming up with respect to Zone 3. He stated he has been reviewing these issues on case by case basis. He stated in the absence of the District’s engineer, Gregg has been doing the engineering.

8.       DIRECTOR ATTENDANCE AT FALL ACWA CONFERENCE

District Manager Gregg stated the ACWA Fall Conference will be held in December in Palm Springs. He stated according to the Resolution it is appropriate for two Board of Directors to attend. He stated since Director Gonzales is the representative of JPIA, he should be in attendance. He stated if there is a geninue interest, we need to make reservations. Director Buzzetta stated he would be interested in attending but the outcome of the election may impact his decision. Director Rupert stated if the election was not favorable he would take Director Buzzetta’s place.

9.       EXECUTIVE SESSION:      Conference with Labor Negotiator

Pursuant to Government Code Section 54957.8

Agency Negotiator:                   District Manager/Engineer

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

10.     EXECUTIVE SESSION:      Conference with Property Negotiator

          Pursuant to Government Code Section 54957.8

          Agency Negotiator:                   District Manager/Engineer

          Landowner:                     Steve Lindsay

 

The Board of Director retired into Executive Session.

Counsel Pipal reported no action was taken in the Executive Session.

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

            AYES:               DIRECTORS:   Swanson, Perry, Rupert, Gonzales, Buzzetta

            NOES:              DIRECTORS:   None

            ABSENT:          DIRECTORS:   None

            The Board adjourned to a regular meeting to be held on October 28, 1998 at 7:30 p.m., 30 Mansfield Road, Hollister, California.

 

                                                                        ___________________________________

                                                                        Robert M. Swanson

                                                                        President

 

ATTEST:           _________________________________

                        Janet L. Torres

                        Administrative Services Officer

Adjourned.