Regular Meeting

November 23, 2004

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, California.   Members of the Board of Directors present were President Ken Perry, Directors John Tobias, Robert Swanson, Douglas Keck and James De La Cruz, together with District Manager/Engineer John S. Gregg, District Counsel David E. Pipal and Administrative Services Officer Maria E. Alfaro.  President Ken Perry presided.

CALL TO ORDER

President Perry called the meeting to order at 7:31 p.m.

a.       Pledge of Allegiance to the flag

          President Perry lead the Pledge of Allegiance.

b.       Approval of Agenda

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

c.       Public Input:  Members of the Public are Invited to Speak on any matter not on the agenda

          There was not public comment.

AGENDA ITEMS

1.       Approval of Minutes of October 21, 2004 and October 27, 2004.

2.      Allowance of Claims

 

          Director Swanson asked about Industrial Pump, for $18,000, and asked if items like that were bidded out.   District Manager/Engineer John S. Gregg noted that they were the closest vendor in the central coast.

 

          Upon a motion duly made and seconded, the consent agenda items were unanimously approved.

 

REGULAR AGENDA

 

3.      Consider Resolution Approving the Memorandum of Understanding between the San Benito County Water District, City of Hollister and San Benito County for the Hollister Urban Area Water and Wastewater Master Plan and Certain Related Actions

 

          District Manager/Engineer John S. Gregg noted that the board memorandum summarizes the objectives of the three represented agencies consisting of the City of Hollister, the County of San Benito and the San Benito County Water District.  The MOU will accomplish objectives which include the objectives of the water district with respect to how wastewater effluent is managed.  This will provide the basis for an urban water system while delivering high quality water on a consistent basis to the urban area.  This will allow or provide for use of surface and groundwater.  This MOU was agreed to with limited attorney involvement.  This MOU has been reviewed by Janet Goldsmith who made suggestions for clarity.

 

Upon a motion duly made and seconded Resolution No. 2004-23, Resolution of the Board of Directors of the San Benito County Water District Approving the Memorandum of Understanding Hollister Urban Area Water and Wastewater Master Plan and Certain Related Actions was unanimously approved.

 

Mr. Gregg noted that this matter was scheduled to be before the Board of Supervisors on December 7th and the City of Hollister City Council on December 6th.

 

4.       State Water Resources Control Board Water Rights Fees - 2005

 

a.       Authorize District Manager to Petition for Reconsideration and Delay Payment of Fees

 

District Manager Engineer John S. Gregg noted that he had not yet received those fees.  We know the method of calculation is the same as last year.  The board had authorized legal action and that case is moving forward.  This would add this year’s bills to that case.  There are a number of legal issues raised as to whether this is a tax and if the legislature has enacted the tax appropriately.  There are also issues regarding the fees assigned to large water rights holders like the Bureau of Reclamation.

 

b.       Authorize District Manager to Execute Agreement Authorizing Somach, Simmons and Dunn to Represent San Benito County Water District with respect to the 2005 Water Rights Fees

 

Upon a motion duly made and seconded the board unanimously authorized the District Manager to execute the Agreement Authorizing Somach, Simmons and Dunn to Represent the District with respect to the 2005 Water Rights fees.

 

5.       Consider Letter of Support for the San Joaquin County Resource Conservation District Water Efficiency Program Grant Application (Proposition 50) and Authorize President to Sign Letter of Support

 

District Manager/Engineer John S. Gregg noted that the San Joaquin County Resource Conservation District was the lead agency .  Mr. Gregg noted that Mica Nitschke was available to answer any questions,

 

Upon a motion duly made and seconded the board unanimously approved the letter of Support.

 

6.       Consider Resolution Authorizing District Manager to Prepare, Execute and File an Application For A Grant (AB 303) From the California Department of Water Resources for Groundwater Monitoring And To Enter Into An Agreement To Receive That Grant.

 

Jeff Cattaneo, Deputy District Engineer noted to the board that in 2001-2002 the District applied for and received $200,000 for Comprehensive Water Quality Monitoring projects.  A product of that grant, the basin groundwater plan was conducted and presented in June.  Recommendations were made that more studies and monitoring be done.  The District is applying for a $250,000 grant as an extension of the AB 303 grant.  Mr. Cattaneo proceeded to discuss the multi-port well along with the detailed geologic studies and other geologic logs.

 

Director Tobias asked how many sites would be used.  Mr. Cattaneo noted that just one well with approximate cost of the multi port well of $100,000.  Mr. Cattaneo also discussed the boron plume identified previously, this well may identify the depth of this.

 

Mr. Cattaneo noted that the grant is limited to $250,000.

 

Director Tobias asked how the District would go about site selection.  Mr. Cattaneo noted that from the data of the first effort an area identified in the Fallon-Fairview area has been selected.  Mr. Tobias who was involved in the project.  Mr. Cattaneo noted that Todd Engineers is working with the District on the grant data.

 

Upon a motion duly made and seconded, Resolution No. 2004-24 was unanimously approved, Resolution of the Board of Directors of San Benito County Water District Authorizing Preparation, Execution and Filing An Application For a Grant (AB 303) From the California Department of Water Resources and Authorization To Enter Into An Agreement To Receive That Grant.

 

7.       Authorize District Manager to Execute Agreement with AFLAC for Modification of District’s “Flex One Cafeteria Plan”

         

          District Manager/Engineer John S. Gregg noted to the board that he had reviewed Resolution no. 91-12 which gives the District Manager authority to execute agreements with AFLAC.  Mr. Gregg noted that this action was necessary for consistency with our pre tax issue and the unreimbursed medical program.  The enrollment period is in December.

 

          Upon a motion duly made and seconded the board unanimously authorized the District Manager to execute Agreement with AFLAC for Modification of the District’s “Flex One Cafeteria Plan”.

 

8.      Report on Treated Water Systems

 

          District Manager/Engineer John S. Gregg noted that there were no specific issues to report at this time.

 

 

 

 

9.      Report on Wastewater Treatment and Disposal

 

          District Manager/Engineer John S. Gregg noted that the bulk of the report is embedded in the Memorandum of Understanding that the board discussed earlier this evening. Mr. Gregg discussed the Sunnyslope County Water District’s waste discharge requirements will be considered by the regional board.  Those requirements, as drafted, are a significant step in the right direction.  It places a de-facto building moratorium in the Sunnyslope service area because it fixes the amount of waste they can treat to 300,000 gallons per day during the dry period and 310,000 during the wet period, which are exactly what their current flows are.

 

10.    Committee Reports:

a.                                       Audit & Budget Committee (Swanson/DeLaCruz)

 

District Manager/Engineer John S. Gregg noted the Financial Report had been accepted at the special meeting of November 22, 2004.

 

11.     District Manager/Engineer’s Report:      

a. County Groundwater Protection and Well Construction Ordinance

          District Manager/Engineer John S. Gregg noted to the board that the board of supervisors would be holding public hearings on December 1st to delegate responsibility to the District to administer those ordinances.  The District has already communicated its acceptance of those responsibilities.  Technical changes have been agreed to by the District’s Special Counsel and County Counsel. 

 

b. Pajaro Watershed Integrated Regional Water Management Plan

          District Manager/Engineer John S. Gregg noted to the board that this year we have budgeted funds for the Pajaro Watershed Integrated Regional Water Management Plan.  A report will be given to the Water Resources Association for the plan.  The plan is to look at the activities of the water resource agencies in the Pajaro Basin and look at what they want to do and see how the plans relate and if the plans compliment each other or conflict with each other.  There are two possibilities to go forward to consider, one is an application for grant funds for the actual full scale development of an integrated  regional  plan.  There are provisions in Prop. 50 for supporting regional planning.  There have been discussions between the agencies, San Benito, Pajaro and Santa Clara for some early project, although, that is not likely.   As the planning process goes forward after the first of the year a presentation to discuss what our interests are with other agencies to pursue with regional planning with the other agencies. 

 

c.       Coordination of Water Resources Planning (Pajaro Valley Water Management Agency/Santa Clara Valley Water District/San Benito County Water District)

 

District Manager/Engineer John S. Gregg noted to the board that the District had entered into a Memorandum of Understanding for the coordination of Water Resources Planning.  The group is coordinating a kick off meeting after the first of the year.

 

d.       Demineralization Feasibility Project (SBCWD/SCVWD)

          Deputy District Engineer, Jeff Cattaneo noted that the District is currently working with the Santa Clara Valley Water District to prepare a grant application for a feasibility study in San Benito County for demineralization in San Benito County.  The District would be the lead agency on that grant application.  It is looking at the feasibility of building a demineralization facility in San Benito County for domestic or agricultural use, using waters with 1000 TDS or higher.  There is a fifty percent match from this grant, Santa Clara would be going into with us to match at 50/50.  The location we are looking at as a possibility is in the San Juan Valley.

 

Vice Chair John Tobias asked if the Santa Clara Valley Water District.  Mr. Cattaneo noted that demineralization is one of the things they are looking and long term is a way to secure their water supply.

 

e.       State Property Tax Shift

 

          District Manager/Engineer John S. Gregg reported to the board that the State Controllers office had provided to the numbers.  This was reported to committees.  The amount that the San Benito County Water District will  provide to the State of the California is $737,643.70, or between of 91% or 93%of the 1% tax.  Mr. Gregg noted that a significant number of non-enterprise districts were exempted entirely.  Mr. Gregg noted that we have been in direct contact with the State.  ACWA is holding a conference the first week in December, discussion will be had regarding legal action, if appropriate.  At staff level, we have initiated looking at the impact and have made certain estimates and provisions in the budget.  It takes about 90% of Zone 3 funding.  This will be further discussed with the Audit and Budget committee.

 

f.       2004-2005 Water Supply

 

          There are buyers.  In reviewing our water supply, have additional water for sale.  We will bring back to the board and request authority to enter into contracts.  At this point we have transferred 2500 acre feet of water.  We will also report to the board what that means in terms of revenue at the December 15th meeting.

 

          Upon a motion duly made and seconded, the meeting was unanimously adjourned at 8:18 p.m.

 

                                                                  

Kenneth A. Perry

President

 

                                                         

Maria E. Alfaro

Administrative Services Officer