MINUTES OF THE BOARD OF DIRECTORS
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
September 21, 2016
The following were present:
DIRECTORS: SANDS FIGUERS
ANGELA RAMIREZ HOLMES
ZONE 7 STAFF: JILL DUERIG, GENERAL MANAGER
KURT ARENDS, ASSISTANT GENERAL MANAGER, ENGINEERING
AMPARO FLORES, MANAGER, INTEGRATED PLANNING
LINDA VAN BUSKIRK, BOARD SECRETARY
COUNSEL: DAVID ALADJEM, DOWNEY BRAND
Item 1 -
CALL TO ORDER / PLEDGE OF ALLEGIANCE
President Quigley called the meeting to order at 6:30 p.m. and the board went into Closed Session immediately.
Item 2 - Closed Session
(a) Conference with Labor Negotiators pursuant to Government Code section 54954.5:
Agency Negotiator: G.F. Duerig
Employee Organizations: Alameda County Management Employees Association; Alameda
County Building and Construction Trades Council, Local 342, AFL-CIO; International Federation of Professional and Technical Engineers, Local 21, AFL-CIO; Local 1021 of the Service Employees International Union, CTW; Unrepresented Management.
(b) Conference with Legal Counsel - Significant exposure to litigation pursuant to Gov't Code section 54956.9(d) (2): 1 case
(c) Conference with Legal Counsel - Potential litigation pursuant to Gov't Code section 54956.9(d) (3): 1 case
Item 3 -
REPORT OUT OF CLOSED SESSION
The Board came out of Closed Session at 7:00 p.m. and President Quigley said that no reportable actions had been taken in Closed Session.
Item 4 - Pledge of Allegiance
President Quigley led the Salute to the Flag.
Item 5 -
There were no public comments at this time.
Item 6 -
MINUTES OF THE REGULAR MEETING OF AUGUST 17, 2016
Director Stevens moved that the minutes of August 17, 2016 be accepted and approved, and Director Greci seconded the motion. The minutes were approved by a voice vote of 7-0.
Item 7 -
a. Proclaiming Participation in the California Flood Preparedness Week - October 24-29, 2016
b. Personnel Action: Administrative Assistant Position
c. Camp Parks Project Phase 1 Agreement - Endowment Fund
d. Authorization for Commercial Septic System Use, Beyer Ranch Development
e. Contract for Professional Government Relations Support Services
f. Participation in the Lake Del Valle Storage Expansion Study
g. Participation in the Los Vaqueros Reservoir Expansion Project Planning
Director Palmer pulled Items 7(a) and (d) for discussion.
Director Ramirez Holmes pulled Items 7(f) and (g) for discussion. Director Stevens pulled Item 7(c) for discussion.
Director Palmer moved to approve Items 7(b) and (e) and Director Stevens seconded the motion. The items were passed by a vote of 7-0.
Resolution No. 16-159 Personnel Action: Administrative Assistant Position. (Item 7b)
Resolution No. 16-162 Authorized a professional services contract with Gualco Group, Inc., for government relations support services. (Item 7e)
7a: Proclaiming Participation in the California Flood Preparedness Week - October 24-29, 2016
Director Palmer pointed out that Zone 7 manages flood protection which is a very valuable service for the public to realize, especially during Flood Preparedness Week.
Director Palmer moved to approve Item 7a and Director McGrail seconded the motion. The item was passed by a vote of 7-0.
Resolution No. 16-158 Proclaiming Participation in the California Flood Preparedness Week. (Item 7a)
7c: Camp Parks Project Phase 1 Agreement - Endowment Fund
Director Stevens said he pulled the item so he could abstain from voting.
President Quigley moved to approve Item 7c and Director Greci seconded the motion. The item was passed by a vote of 6-0, with Director Stevens abstaining.
Resolution No. 16-160 Camp Parks Project Phase 1 Agreement - Endowment Fund. (Item 7c)
7d: Authorization for Commercial Septic System Use, Beyer Ranch Development
Director Palmer expressed concern that the septic systems will be placed right over the Greenville Area-ofConcern (AOC) and in close proximity to and about future residential units in that area as opposed to wineries.
Ms. Duerig explained that one of the challenges of developing the Nutrient Management Plan was to come up with a reasonable balancing between protecting the groundwater basin with not completely blocking development in these key areas. This proposal is completely consistent with the Nutrient Management Plan approach for the Areas of Concern. There are no exceptions being requested. Since they are proposing one rural residential equivalent per 20 acres, it is actually better than what is in our Nutrient Management Plan (1 RRE/10 acres). Consistency with that plan provides a level playing field for everybody. That is why staff is recommending approval.
Director McGrail added that the Beyer Ranch Development is form fitting what is out there. The 20-acre parcels are like those at Crane Ridge. The first part of the development will be for the winery purposes and is a very well thought out, carefully documented, and smart land use for that area. He said it is comforting to know that this is being engineered by very intelligent people. He applauded the developer on doing such a good job by spending the time and effort into protecting the groundwater basin. He offered that he is satisfied with the work that has been done.
Director Ramirez Holmes pointed out that the developers met with the Tri-Valley Conservancy, Friends of the Vineyard, Sierra Club, City of Livermore Wine Growers Association, and Friends of Livermore and in all cases full support for the project was expressed.
Applicant Mike Callahan was present in the audience and spoke to the Board offering detailed background information and responded to further questions.
Director Greci commended Mr. Callahan for all the research and work that Callahan Properties has accomplished, and said that he fully trusts the science that has taken place. He thinks this will be great for this valley and an asset to the community.
President Quigley complimented staff on the report. He found it comforting that the 20- to 22-acre lots are 10 acres over what is stated in Zone 7's policy. He agrees that this will be an asset for the community. The City of Livermore, the Tri-Valley Business Council and the conservancies have all been trying to establish Livermore as a wine destination, and it is becoming that. He expressed approval of this total project and would like to see it go forward.
Director Ramirez Holmes moved to approve Item 7d and Director Greci seconded the motion. The item was passed by a vote of 6-0, with Director Stevens abstaining.
Resolution No. 16-161 Authorized commercial use of an onsite wastewater treatment system for
Beyer Ranch, located at 6741 Tesla Road in Livermore. (Item 7d)
7f: Participation in the Lake Del Valle Storage Expansion Study
Director Ramirez Holmes asked for clarification on partnering with the East Bay Regional Parks District (EBRPD) and if they have expressed being in favor of the study or if they are just sharing information. Dr. Flores explained that Zone 7 has been working closely at the staff level with EBRPD and the other partners, Alameda County Water District (ACWD) and Santa Clara Valley Water District (SCVWD). EBRPD staff support moving forward with the study as they understand the perspective of the water agencies and their need to evaluate the potential for increasing storage capacity at Lake Del Valle. At this time, it is envisioned that the costs will be shared solely amongst the South Bay Contractors.
In response to Director Ramirez Holmes' request for clarification on the use of Fund 310, Ms. Duerig explained that Fund 310 is the Water Supply and Reliability Fund and is a better use of the funds than pulling them out of our Capital Project set asides for the CIP. Since we are facing some real water reliability issues, Zone 7 is looking for options to achieve maximum diversity both in water supply and in water storage options.
Director Figuers asked if this is an actual expansion of the physical dam itself or just raising the water levels and what potential volume of water would become available to Zone 7 from this? Dr. Flores responded that the partners will be looking at different options such as operational changes as well as potential physical modifications. Obviously the latter will be a much more significant effort in terms of cost. Depending on which option is chosen, the potential volume could range from a few thousand acre feet to potentially 10,000 acre feet of water, which is why staff is recommending participation in this study.
President Quigley added that the federal water bill that was passed just last week 95-3 had a specific piece for reservoir reoperations. While attending a Federal Affairs Committee Meeting today in Sacramento, reservoir re-ops was definitely on the table and interesting discussions were held. He suggested this could lead to an opportunity for interties. The Hetch Hetchy Pipeline, as many water people know, goes right under Lake Del Valle. It currently has two interties for San Antonio Reservoir and Calaveras. We do not have one for Del Valle but it could potentially be part of the study.
Director Ramirez Holmes moved to approve Item 7f and Director Stevens seconded the motion. The item was passed by a vote of 7-0.
Resolution No. 16-163 Participation in the Lake Del Valle Storage Expansion Study. (Item 7f)
7g: Participation in the Los Vaqueros Reservoir Expansion Project Planning
Directors Ramirez Holmes was pleased to see this item on the Zone 7 agenda because valley residents have stressed their interest in the agency moving forward with looking into Los Vaqueros Reservoir.
Direction Figuers expressed concern since, in the past, Zone 7 did not pursue an interest in Los Vaqueros for two reasons: one being the poor water quality and the second was the high cost of putting in a pipeline twixt here and there. The cost at that time was to be multiple millions of dollars. Ms. Duerig responded that the agency has asked many times what kinds of costs could be anticipated if we could share in a project like this due to the cost somewhere in the $150M range just to make the connection between the reservoir and Bethany forebay. Unless we participate in the study, we can't get estimates of participation costs. Given the high number of participants, this is a very good way to leverage Zone 7's money to get the kinds of answers that the agency has been trying to get for decades. By doing it at a time when there are seven or eight other partners, it means Zone 7 will only have to pay a small fraction of the money. That is why staff is recommending approval.
Director Ramirez Holmes moved to approve Item 7g and Director McGrail seconded the motion. The item was passed by a roll call vote of 7-0.
Resolution No. 16-164 Participation in the Los Vaqueros Reservoir Expansion Project Planning. (Item 7g)
Item 8 -
STAFFING UPDATE:EMPLOYEE OF THE MONTH RECOGNITION - JOE SHAVER
July Employee of the Month Recognition - Joe Shaver
Ms. Duerig congratulated Joe Shaver, Construction Maintenance Laborer in Zone 7's Maintenance section. Joe joined Zone 7 in March 2010 with over 30 years of experience in hauling, underground utilities, and construction/pipeline maintenance work, including previous work as a contractor for Zone 7. The board congratulated Mr. Shaver in absentia for his accomplishments.
Item 9 -
PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS
Ms. Duerig introduced Amparo Flores, Manager of Integrated Planning, who gave a presentation entitled "Tri-Valley Potable Reuse Feasibility Study." Dr. Flores's presentation highlighted Zone 7's ongoing need to pursue water supply options to enhance long-term water supply reliability for the Livermore-Amador Valley. Potential options were identified in the WSE Update, including the California WaterFix, desalination, and potable reuse. Working closely with retailer staff, Zone 7 issued a Request for Proposals for the Potable Reuse Feasibility Study and a review panel selected Carollo Engineers based on its strong technical team with extensive expertise in potable reuse in California and other states, among other qualifications.
In response to Director Greci's question about whether this is recycled or potable water, Ms. Duerig responded that this is recycled water taken to an advanced level of treatment that makes it potentially for potable use, such as groundwater recharge or surface water augmentation. The study will not include a direct tap-to-tap option. A poll was conducted in late 2015 which showed that there was a much higher level of anticipated acceptance by the public for this concept. As water suppliers, protecting the public health is always our first concern, and how to protect the public health extends to protecting the groundwater basin, which is why we're also groundwater managers. The good news about Carollo is they've been very involved in the Division of Drinking Water's effort to develop regulations regarding the public health, with groundwater protection in mind. They have a good handle on not just the issues but how to solve any concerns that might be out there. The agency is looking forward to working with them and that is why we recommend them.
Director Ramirez-Holmes asked a question about the cost breakdown to be shared among the Tri-Valley water agencies. Ms. Duerig responded that the public water agencies are committed to the project and there will be equal sharing among them. There is one investor-owned utility that may or not be able to participate, so that level of participation is currently unknown.
In response to Director Stevens' concern that the agency and public receive interim updates as certain milestones are reached, Lydia Holmes with Carollo confirmed that they can provide those updates as needed.
President Quigley asked for public comment. None was received.
Director McGrail moved to approve Item 9 and Director Ramirez Holmes seconded the motion. The item was passed by a roll call vote of 7-0.
Resolution No. 16-165 Authorized a professional services agreement with Carollo Engineers for the Potable Reuse Feasibility Study.
Item 10 -
ZONE 7 POSITION ON PROPOSITION 53
President Quigley explained that Proposition 53, also known as the "Cortopassi Initiative," will appear on the November 8 ballot. The measure, if approved by voters, would amend the California Constitution to require statewide voter approval of infrastructure projects financed through revenue bonds over $2 billion. Many legal experts believe the measure could impact the construction of vital state and local water projects, including water storage, recycling facilities and other projects. He said that ACWA's website offers a communications tool kit with both the pros and cons about Prop. 53.
He said that ACWA has prepared a variety of materials to brief its members on Proposition 53 and assist them with educating key audiences. It is permissible for public agencies to take a position on a ballot measure and to provide balanced, educational materials to the public on the measure, its potential impacts and the agencies' position.
A discussion ensued with most board members stating that the Zone 7 board does not usually endorse or take a position on statewide propositions and it should not start doing so now.
Director Figuers requested that the Chair table this motion and Director McGrail seconded the request. President Quigley tabled the item.
Item 11 -
a. Water Resources Committee Meeting - September 1, 2016 - notes
b. Finance Committee Meeting - September 8, 2016 - notes
Director Palmer highlighted the success of the September 1, 2016 Water Resources Committee Meeting which was held to discuss an update on the status of Lake A with the public. She mentioned there were almost 80 people in attendance, which was a tremendous public outreach and an opportunity to answer a lot of questions/address the communities' concerns about what Zone 7's role was with Lake A.
Director Figuers agreed with Director Palmer saying that he thought this was one of the best community meetings/public meetings Zone 7 has had in decades.
No public comment was received.
Item 12 -
REPORTS - DIRECTORS
a. Verbal comments by President
b. Written report by President Quigley
c. Verbal reports
Director Palmer attended a community meeting on August 23rd at the Robert Livermore Community Center regarding Lake A. Subsequently, the September 1st Water Resources Committee meeting clarified the issues and answered many of the questions that had been provided by the community. There was a lot of very good interaction with the community and Zone 7 at these meetings.
On September 18th and 19th both Director Palmer and President Quigley attended the ACWA Region 5 Program & Tour 2016 at the Byron Bethany Irrigation District (BBID).
Director Palmer encouraged the board and public to view an exhibit at the Cantor Arts Center at Stanford University entitled "California: The Art of Water" now through November 28, 2016. It examines the way artists and photographers have portrayed one of California's most precious resources over the last two centuries.
Director Ramirez-Holmes shared that the Water Education Foundation will be conducting a free briefing to focus on drought impacts to the Delta on October 25th in Stockton. An email with more information will be forwarded to the board members.
Item 13 -
ITEMS FOR FUTURE AGENDA-DIRECTORS
None were discussed.
Item 14 -
a. General Manager's Report
b. Water Inventory and Demand Update (August 2016)
c. Legislative Update
d. Outreach Activities
e. FY 2015-16 Unaudited Fourth Quarter Revenue and Expenditure (R&E) Report
f. 2016 Water Quality Management Program (WQMP) Report
g. Update Related to the Cal WaterFix (former Bay Delta Conservation Plan)
h. Living Arroyos Program 2015-2016 Annual Report
i. Verbal Reports
Regarding Item 14b, Director Stevens pointed out that we are not out of the drought according to the figures. The tables and graphs can be viewed at the respective DWR websites.
Director Ramirez-Holmes asked for clarification about the upcoming water rates meetings. Ms. Duerig responded that the workshop at the Special Board Meeting on Wednesday, September 28th will be an interactive discussion with the consultants from Raftelis of suggested rates, surcharges and restructuring to include a fixed component versus simply a volume-based bill. The wholesale water rates will again be presented at the October meeting at which time the board will be asked to vote on the matter. An updated reserve policy will be presented at the September meeting and be voted upon then.
Item 15 -
The meeting was adjourned at 8:39 p.m.