ZONE 7 Meeting
January 15, 2020
MINUTES OF THE BOARD OF DIRECTORS
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
January 15, 2020
The following were present:
DIRECTORS: SANDS FIGUERS
ANGELA RAMIREZ HOLMES
MICHELLE SMITH MCDONALD
DIRECTORS ABSENT: NONE
ZONE 7 STAFF: VALERIE PRYOR, GENERAL MANAGER
OSBORN SOLITEI, TREASURER/ASSISTANT GENERAL MANAGER, FINANCE
JARNAIL CHAHAL, ENGINEERING MANAGER
CAROL MAHONEY, INTEGRATED WATER RESOURCES MANAGER
MATT KATEN, PRINCIPAL GEOLOGIST
MONA OLMSTED, ASSOCIATE ENGINEER
DONNA FABIAN, EXECUTIVE ASSISTANT
ALEXANDRA BRADLEY, COMMUNICATIONS SPECIALIST
COUNSEL: DAVID ALADJEM, DOWNEY BRAND
Item 1 - Call Meeting to Order
The meeting was called to order at 6:00 p.m. and the Board immediately went into Closed Session.
1. Closed Session
a. Conference with Labor Negotiators pursuant to Government Code section 54954.5:
Agency Negotiator: Valerie Pryor/Osborn Solitei
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 Real Property Negotiators:
Property: APNs 99-525-2, 99-550-2-3, 99-550-3-2, 99A-2700-2-5, 99A-2700-6-6, 99A-2700-9- 8, 99A-2700-10, 99A-2700-11-3, 99A-2700-12-6, 99A-2700-12-7, 99A-2420-4-13, 96-420-2, 96-420-3, 96-429-6, 99A-2701-1, 99A-2701-2, 99A-2701-3.
Agency negotiator: Valerie Pryor, Jarnail Chahal and David Aladjem
Negotiating parties: Unknown
Under negotiation: Price and terms of payment
c. Conference with Legal Counsel - Existing litigation pursuant to Government Code §54956.9(d) (1): 2 cases. (1) Edwin Belshe and Ginger Belshe v. Alameda County Flood Control and Water Conservation District, Zone 7, et al., Alameda County Superior Court Case No. RG17868354; (2) City and County of San Francisco v. City of Dublin et al., Contra Costa County Superior Court Case No. CIV MSN18-0928
d. Conference with Legal Counsel - Potential initiation of litigation pursuant to Gov't Code section 54956.9(d) (4): 2 cases
e. Conference with Legal Counsel - Anticipated litigation pursuant to Gov't Code section 54956.9(d) (2): 2 cases
Item 3 -
Open Session and Pledge of Allegiance
President Figuers called the meeting back into session at 7:04 p.m. and led the pledge of allegiance.
Item 4 - Report Out of Closed Session
President Figuers stated that there was nothing to report.
Item 5 -
There was no public comment.
Item 6 -
Director Palmer moved to approve the minutes of the Regular Board Meeting of December 18, 2019, and Director Quigley seconded the motion. The minutes were approved by a voice vote of 6-0 with Director Ramirez Holmes abstaining.
Item 7 -
Director Palmer requested that Item 7b be pulled as she wanted some clarification. Director Sanwong requested that Item 7a be pulled as she wanted to make a comment. Director Ramirez Holmes moved to approve Item 7c and Director Palmer seconded the motion.
Resolution No. 20-03 Personnel Action: Procurement and Contract Supervisor, Zone 7 (Item No. 7c)
Director Sanwong requested staff provide a status report at the halfway point of the project. Director Ramirez Holmes moved that Item No. 7a be approved and Director Quigley seconded the motion. The item passed by a roll call vote of 7-0.
Resolution No. 20-01 Contract for Pipeline Inspection Program Study (Item No. 7a)
Director Palmer asked why staff is requesting additional funds above the initial contingency for the contract. Valerie Pryor, General Manager, stated that due to some unanticipated findings at the beginning of the project, a large part of the initial contingency was used, so staff are requesting additional funds for change orders or other issues that may come up as the project moves along.
Director Sanwong moved that Item No. 7b be approved and Director Gambs seconded the motion. The item passed by a roll call vote of 7-0.
Resolution No. 20-02 CWS 5 Turnout Replacement Project - Construction Contingency Increase (Item No. 7b)
Item 8 -
City of Livermore Staff Presentation on Programs and Services for the Homeless Community in the Tri-Valley
Claudia Young, Human Services Programs Manager for the City of Livermore, gave a presentation on the homeless situation in the Tri-Valley. Ms. Young stated that Alameda County had a 43% increase in homelessness since 2017. There are 264 individuals in Livermore who are homeless, 70 in Pleasanton and 8 in Dublin. The City of Livermore has made affordable housing and homelessness a priority. Both Livermore and Pleasanton Police Departments have dedicated police liaison officers and all three Tri-Valley cities are working closely to maximize local resources. She stated that the City of Livermore has contracted with Block by Block for biohazard cleanup. Mr. Rich Mongaro, Regional Vice President of Block by Block, gave an overview of the services they provide.
Director Sanwong commented how important it is for Zone 7 to collaborate with the cities regarding this issue. Director Smith McDonald asked about the access to water for the unsheltered homeless. Ms. Young responded that the homeless go to Open Heart Kitchen or the cities various pantries for clean drinking water and that there are portable restrooms at their safe parking sites. Director Ramirez Holmes asked how many shelter beds are in the Tri-Valley. Ms. Young replied that there are 16 beds available at Tri-Valley Haven. Director Palmer asked if porta-potties could be setup near the homeless encampments. Ms. Young responded that they are working the Public Works Department and the Police Department to identify test sites where they could put portable restrooms and water stations.
Carol Mahoney, Integrated Water Resources Manager, provided some background on why this was brought to the Board. Ms. Mahoney said that both the Flood Protection and the Maintenance Departments have been working with the homeless in and around the flood control channels. Ms. Mahoney added that it is a water quality issue for the streams that are impacted by biohazard and trash. It also poses a life threat for the homeless who may decide to pitch a tent on a low-level floodplain where it could be dangerous if it rains. Staff thought it would be a good idea to corroborate with the Tri-Valley cities to perhaps work together to clean up the channels.
Item 9 -
Review of Resolution No. 19-68 Related to an Authorization for Commercial Septic System Use, Oasis Venture, LLC
Ms. Pryor stated that the Board of Directors approved a Resolution on September 18, 2019, recommending authorization for an on-site wastewater treatment system for Oasis Venture; and as part of the land-use approval process through the County of Alameda, Oasis Venture applied for a conditional-use permit. Staff reviewed the information and noticed discrepancies between the numbers that were provided to Zone 7 staff. Furthermore, the County's draft documents did not include all of staff's recommendations for mitigation and monitoring.
Matt Katen, Principal Geologist, reminded the Board that staff recommended approval of a non-residential on-site wastewater treatment system for a planned cannabis cultivation operation. That recommendation was based on a Conceptual Water Supply and Wastewater Planned Oasis Fund written and prepared by Balance Hydrologics and certified by a professional geologist. The septic tank approval was based on the numbers given in the report. In December, the county issued a draft Conditional Use Permit (CUP) and a mitigated negative declaration and opened it up for public comment which is when staff noticed that there was some discrepancy between the numbers in the report and what was listed in the mitigated negative declaration project description, as well as in some of the analysis of the California Environmental Quality Act (CEQA) document.
Mr. Katen also stated that Zone 7 did not approve water use at the property but staff did look at it when they were permitting a dry well that they wanted to replace; however, after Oasis Ventures did their analysis they discovered that the well was not dry and some water could be taken out of it so they petitioned Zone 7 to keep the fourth well. Zone 7 then asked to see the study indicating that a fourth well would not impact the neighbors. Mr. Katen added that there were discrepancies in the project water demands, erroneous and inconsistent water supply information, and many other discrepancies and omissions.
Mr. Katen stated that staff's plan is to prepare a written response reiterating Zone 7's recommendations for mitigation by January 24, 2020, follow-up with the Environmental Health Department on the design to ensure it is as it was presented to Zone 7, and attend any meetings related to the action. Mr. Katen added that staff recommends rescinding the requirement to destroy the fourth well. He also said staff would schedule a workshop with the Planning Department to educate them on groundwater issues and concerns in Eastern Alameda County.
Director Ramirez Holmes stated that she is uncomfortable with the fact that Zone 7 received inaccurate information in which the approval was based on. She asked if staff could rescind the approval of the on-site wastewater treatment system until the correct information is received by Zone 7. David Aladjem, General Counsel, responded by saying if it is the Board's pleasure to rescind what was done in September, it is within the Board's purview.
Director Smith McDonald stated that she is also concerned that the numbers are not reliable and asked staff when Zone 7 would have accurate numbers. Mr. Katen replied that the numbers given by the consultant represent what was tested. Staff believes that the numbers in the mitigated negative declaration are the problem, so staff would like to confirm that Oasis Ventures would follow through with what they initially agreed upon. This will come in the form of either mitigation on the negative declaration or built in as a permit condition on the CUP. Director Palmer suggested that the Board rescind what they approved in September. Director Quigley agreed with Director Palmer with rescinding the resolution. Director Quigley also had concerns about the Hazmat station where chemicals could potentially mix with water and pose a threat to the public and the neighbors.
Director Gambs asked what would be the consequence of rescinding the resolution. Mr. Aladjem stated that Zone 7 is required to approve the septic tank at the property so it would delay that process. President Figuers stated that he is concerned about the lack of water currently being pumped out of the wells and if they start pumping harder, they could possibly run out of water and potentially damage the water supply to the neighbors. Mr. Aladjem stated that as the Groundwater Sustainability Agency, Zone 7 can impose conditions to prevent that from happening, and if the draw-down does affect the neighboring wells, Zone 7 can, upon proper determination, ask Oasis Ventures to cease and desist, or to limit their pumping to the sustainable yield in that area.
President Figuers asked for public comment and public comment was received.
Director Ramirez Holmes moved that the Board rescind Resolution No. 19-68 which authorized a non-residential onsite wastewater treatment system, and Director Palmer seconded the motion. The motion passed by a voice vote of 7-0.
After further discussion, Director Palmer made a motion directing staff to request a full Environmental Impact Report in the comment letter to Alameda County, and Director Ramirez Holmes seconded the motion. The motion passed by a voice vote of 7-0.
The Board took a 5-minute break.
Item 10 -
PPWTP Upgrades and Ozonation Project Quarterly Progress Presentation
Mona Olmsted, Associate Engineer, gave a quarterly progress presentation on the Patterson Pass Water Treatment Plant (PPWTP) Upgrades and Ozonation project. Ms. Olmsted stated that the project is on schedule with an anticipated completion date of March 2022. The project budget is under control, there are no issues, and no decisions are being requested at this time. She mentioned that PG&E is requiring upgrades to the powerlines that are coming into the plant, and PG&E's engineering approval is anticipated later in January.
Item 11 -
Strategic Planning Process
Ms. Pryor introduced Ed Means, President of Means Consulting LLC, who was hired to facilitate Zone 7's Strategic Planning process. Mr. Means gave a brief background on his history working with various water agencies over the years. Mr. Means gave an overview on the process of a strategic plan, which begins with interviews of executive management and members of the Board. He explained that the basic approach to strategic planning includes a Vision Statement, a Mission Statement, a set of goals that direct the general manager to achieve certain commitments to the community, and strategies and objectives, ultimately coming up with a set of priorities for the coming 5-year period. Mr. Means went over the schedule for coming up with a strategic plan. The schedule includes voluntary workshops with staff, a management workshop, and adoption of the new Strategic Plan.
Item 12 -
a. Verbal Comments by President
b. Written Reports
c. Verbal Reports
Item 13 -
Items for Future Agenda - Directors
Director Smith McDonald asked if staff could do a policy review on approving cannabis-related permits.
Item 14 -
Staff Reports-Information items-No action will be taken
a. General Manager's Report
b. December Outreach Activities
c. Monthly Water Inventory and Water Budget Update
d. Annual Update on Cannabis Activities
e. Verbal Reports
Item 15 -
The meeting was adjourned at 9:41 p.m.