ZONE 7 Meeting
MINUTES OF THE BOARD OF DIRECTORS
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
April 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
COLTER ANDERSEN, PRODUCTION MANAGER
JARNAIL CHAHAL, ENGINEERING MANAGER
CAROL MAHONEY, INTEGRATED WATER RESOURCES MANAGER
AMPARO FLORES, INTEGRATED PLANNING MANAGER
SAL SEGURA, 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 6:30 p.m. and the Board immediately went into Closed Session.
Item 2 - Closed Session
a. Conference with Real Property Negotiators:
Grazing Lease for Lake Del Valle Property: Lake Del Valle 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: Paul Banke
Under Negotiation: Price and terms of payment for grazing lease
b. 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
c. Conference with Legal Counsel - Existing litigation pursuant to Gov't Code section 54956.9(d) (1) City and County of San Francisco v. County of Alameda (Contra Costa County Superior Court Action No. MSN18-0928) County of Butte v. California Department of Water Resources (California Supreme Court No. S258574)
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
The meeting was called back into session at 7:09 p.m.
Item 4 -
Report out of Closed Session
Vice President Sanwong stated that there was nothing to report out of Closed Session.
Item 5 -
Rollcall was taken, and all Board Members were present.
Linda Kelly, a resident of Pleasanton, thanked staff for providing an invitation to the Board Meeting so that the public could participate.
Item 6 -
Director Ramirez Holmes moved to approve the Special Board Meeting minutes of February 6, 2020, and Director Smith McDonald seconded the motion. The minutes were approved by a 7-0 rollcall vote.
Director Quigley moved to approve both the Regular Board Meeting minutes of February 19, 2020 and the Special Board Meeting minutes of March 31, 2020, and Director Palmer seconded the motion. The minutes were approved by a 7-0 rollcall vote.
Item 7 -
Director Palmer stated that she would be withdrawing her request to attend the conference (Item 7d) as it is a women-only event and could be construed as potentially discriminatory. Director Ramirez Holmes asked if we could discuss. Director Palmer stated she spoke with Zone 7's General Counsel who said it made him uneasy. Director Ramirez Holmes suggested the matter be brought to the Board for discussion at the next meeting. President Figuers agreed. Item 7d was tabled for the next Board Meeting.
Director Gambs requested Item 7c be pulled. Director Gambs stated that while he supports the item, he feels that the scope of work was very broad. Director Gambs stated the scope emphasized planning studies and not projects, which are the end goals of much of the planning work. In particular, the Board would be considering approval of Sites Reservoir, Los Vaqueros Expansion and Delta Conveyance in the near future and these projects cost millions of dollars and impact Zone 7 finances. He wanted staff recommendations to the Board on these projects to be supported. He asked staff to confirm that the study would also be addressing these project recommendations.
Director Sanwong stated that she viewed 7c as a way to provide a good overall view of our water supply needs and that it also includes an optional model. She thinks it is going to help the Board make decisions as they see these multimillion dollar, or projected multimillion dollar, projects come forward.
Amparo Flores, Integrated Planning Manager, stated that the goal of this project is to inform our decision-making on the various water supply options we are considering. She added there will continue to be questions and uncertainties, especially with the projects that are out of our control, but this will work towards answering some of those key issues in terms of how these various options will work with our system. The previous water supply evaluation updates have generally focused on the costs and yields of the various supply projects we are looking at and this study we will take a close look at how it will actually work with our system and how they can work together or against each other potentially. The intent is the information from here on out will help provide additional information for considering the various projects.
Director Ramirez Holmes made a motion to approve Items 7a, 7b, 7c, 7e, and 7f. Director Palmer seconded the motion. The items were approved by a rollcall vote of 7-0.
Resolution No. 20-08 Award of Contracts for As-Needed Professional Surveying Services (Item 7a)
Resolution No. 20-09 Award of Contract for Analytical Laboratory Services (Item 7b)
Resolution No. 20-10 Award of Contract for Conjunctive Use Study and WSE Update (Item 7c)
Resolution No. 20-11 Declaration of May as Water Awareness Month (Item 7e)
Resolution No. 20-12 Goat Grazing Contract for the Flood Protection Vegetation Management Program (Item 7f)
Item 8 -
Lake Del Valle Property Lease Extension Term Sheet
Jarnail Chahal, Engineering Manager, gave a presentation on the Lake Del Valle property lease extension negotiations, key components of the proposed term sheet, and staff recommendations.
Mr. Chahal stated that the grazing lease provides oversight and management of the property and also results in revenue. The initial five-year term of the current lease expires on October 31, 2020, and in October 2019 the Board authorized the General Manager to negotiate an extension of the current lease with the current lessee Mr. Banke.
Zone 7 contracted with Alameda County Conservation Partnership and they found that the current Zone 7 lease is approximately 20 to 25% above the market. Based on the study, staff negotiated a term sheet for a lease extension that provides proper management of the Zone 7 property and is based on market conditions. The proposed term sheet will result in reduced annual revenue from approximately $116,000 per year to $97,000 per year.
Key components of the proposed term sheet are rent for cattle grazing, residential property rent, clarification of roles and responsibilities for road maintenance, weed control and pest management, and updated insurance requirements based on ACWA-JPIA review and recommendations. The extension will also clarify use of property for non-grazing activities and modifies semiannual reporting requirements.
Mr. Chahal asked that the Board discuss and the adopt the resolution authorizing the General Manager to negotiate and execute the term sheet and negotiate and execute the extension to include the changes proposed in the term sheet.
On a motion by Director Palmer and a second by Director Ramirez Holmes, the Board approved the Resolution by a rollcall vote of 7-0.
Resolution No. 20-13 Lake Del Valle Property Lease Extension Term Sheet (Item No. 8)
Item 9 -
2020 Annual Sustainability Report
Sal Segura, Associate Engineer, presented Zone 7's Annual Sustainability Report, stating that this is a succinct presentation of the annual report as seen over the years. The report was an evaluation of Zone 7's water supply sustainability given projected water demands over a five-year period. Water demand is based on the most recent delivery requests submitted by Zone 7's retailers and anticipated untreated or agricultural use. One underlying assumption of the report is that 2020 will result in a 15% State Water Project allocation which is to be followed by a 10% allocation, and then three years of average allocation, or 49%.
The result of the evaluation is that Zone 7 can meet 100% of projected demands in the next five years in spite of two consecutive years with low allocation. However, anytime the state water project allocation is low, Zone 7 must tap its reserves to make up the difference.
Mr. Segura stated that Zone 7 has enough water supplies to meet treated and untreated water deliveries even if State Water Project allocation is low over the next two years. However, this will require using some of Zone 7's storage supplies to make up the difference, but there is enough in storage to manage this.
Director Palmer had a question on Figure 1 on the handout distributed to the Board. She stated where it shows in 2022 the total water supply will be increasing close to 70,000-acre feet and asked if that is due to water transfers. Mr. Segura responded no. He added in 2022 things will start to normalize again.
Director Quigley asked about the water transfers from Byron Bethany because they were not in the report. Valerie Pryor, General Manager, stated that for years Zone 7 has not been able to receive water from Byron Bethany Irrigation District due to various Delta regulatory standards, but staff are in conversations with them about how we can resume transfers.
Director Sanwong asked if there is an assumption that we are going to have better Sierra snowpack in the future, or what are some of these justifications for this normalization of the State Water Project. Mr. Segura responded that once the State Water Project allocation normalizes, that will give us additional water. Staff anticipates that the precipitation, the snowpack, and everything that goes into feeding the State Water Project adds to its recovery. Mr. Segura added that we currently have a 15% allocation, however, when it returns back to its average in the next three years, it could provide the ability to get through it without too much anguish. It will probably require buying more water to make up the deficit than the first two years brought in, but we are safe from a reliability standpoint.
Item 10 -
Authorization for Homeless Encampment and Illegal Dumping Abatement
Ms. Pryor stated that this contract addresses cleanup activities with homeless encampment abatement, but also illegal dumping. She explained that we have a lot of illegal dumping of mattresses and propane tanks but wanted to focus a little bit on the homeless activity. As local homeless shelters are often at capacity, we find that many who lack housing often turn to the flood channels to find and build shelter. While we are empathetic to the homeless population needs, these makeshift housing setups can often modify the conditions of the channels. There can be digging into the channel banks, which causes erosion to occur, they leave behind debris, trash, or other hazardous materials, which can lead to detrimental impacts of the flood system, the integrity of the channels, but also the health of the stream and water quality. Ms. Pryor expressed concerns for those suffering from lack of housing; however, it is the Agency's responsibility to safeguard the flood protection system and the region's water quality. Ms. Pryor emphasized that with this contract, when homeless encampment cleanups take place, it will be after we have coordinated with the local cities, social service agencies, and law enforcement to properly notice and deal with the homeless population. This is clean up after most of those activities have taken place.
Colter Andersen, Production Manager, gave a presentation on the need for the abatement contract. Currently cleanup activities have been covered by other existing contracts such as landscaping, minor maintenance, and hazardous materials clean-up contracts, and these existing contracts expire on June 30, 2020. Mr. Andersen stated that this contract will cover illegal dumping including furniture, appliances, automobile parts, construction debris, bicycles, mattresses, propane, and batteries. Homeless encampments may include biohazards and there are a lot of hypodermic needles being dumped on the ground in our channels and can get swept out into other areas. These biohazards require certified technicians for safe handling and proper disposal.
Mr. Andersen stated that a Request for Proposals was requested, and two bids were received. Staff recommends the lowest bidder, a three-year total of just over a million dollars with an option to extend the contract by two additional one-year periods, for a total five-year cost of $1.892 million. The proposed contract is as needed, and funds will only be paid when work is performed.
Director Gambs asked if Caltrans and the City of Livermore are contributing in some way to the cleanup in that area and Mr. Andersen responded yes. Director Sanwong thanked Mr. Andersen for the presentation. She really liked some of the data points that were shared, as well as the confirmation that we will work closely with the City of Livermore to do these cleanups.
Director Sanwong added that she has interacted with Clean Harbors previously and knows that they do a very good job in terms of biohazards cleanup. The City of Livermore has coordinated with Block by Block, their primary agency for encampment cleanup, and they do not typically go into the creeks so she is grateful that Clean Harbors will handle that component.
President Figuers stated that there are four or five tents near the Kaiser parking lot on Caltrans property. Caltrans has hired some of the homeless to go out and do clean up, and with that hiring, they're allowed to camp on that property.
Director Ramirez Holmes asked if the COVID-19 crisis is affecting the cleanups or the contract schedule. Mr. Andersen stated that we will wait until at least May 4th, or until the quarantine orders are dropped or lowered, to determine the timing of the contract and work. Director Ramirez Holmes also asked about the eviction and legal notices and who writes them. Mr. Andersen responded that they are handled and written either by the Alameda County Sheriff's Office of the City's Police Departments, depending on the jurisdiction.
Director Sanwong asked about other areas where there are homeless, not just the Walmart/Kohl's area in Livermore. Mr. Andersen replied that the contract is for all areas where Zone 7 has jurisdiction.
It was also agreed that staff will report back with a status on the cleanup process.
Director Quigley moved to approve the contract and Director Ramirez Holmes seconded the motion. The motion was approved by a rollcall vote of 7-0.
Resolution No. 20-14 Authorization for Homeless Encampment and Illegal Dumping Abatement (Item No. 10)
Item 11 -
Award of Contract for Operated Equipment Supply for Engineered Repairs of Flood Control Facilities
Mr. Chahal gave a presentation regarding awarding a contract for supply of operated equipment and labor for engineered repairs and upgrades to flood control facilities. This contract is for engineered repairs and upgrades such as embankment repairs and stabilization projects, major access road repairs, removal of sediment from channels, and other miscellaneous work. Zone 7 advertised for bids for this project in January. On February 24th, four bids were opened ranging from $921,000 to just over $1,000,000. GradeTech, Inc. was the lowest responsive and responsible bidder with a bid of $921,920. Having a contract in place provides the ability to mobilize quickly in case of an emergency during the wet season. Mr. Chahal asked that the Board discuss the item and adopt the attached Resolution to approve the specifications, appendices, and addenda for the project and authorize the General Manager to negotiate and execute a contract with GradeTech in an amount not to exceed $1,014,112.
Director Smith McDonald stated that last year Zone 7 spent approximately $582,000 and this contract is a significant increase, so she wanted some clarity. Mr. Chahal responded that over the last few years, Zone 7 had three other contracts after the 2017 storms. Most of the slide repairs were done under a US Army contract, which had a phase one and a phase two rehabilitation contract. In 2017 there were many slides, and most of the repairs were done under those contracts. Starting next fiscal year, Zone 7 does not have a contract with the US Army and staff are anticipating spending to be a bit more under this contract.
Director Gambs made a motion to approve the contract and Director Quigley seconded the motion. The item was approved by a rollcall vote of 7-0.
Resolution No. 20-15 Contract for Operated Equipment Supply for Engineered Repairs of Flood Control Facilities (Engineering Activities) (Item No. 11)
Item 12 -
Operated Equipment Supply Contract for Maintenance and Emergency Work for Flood Protection Facilities (Flood Protection Maintenance Activities)
Mr. Andersen gave a presentation on the need for a contract for flood protection maintenance activities. Mr. Andersen stated that this contract is for operated equipment and labor for maintenance activities along the channels. These activities include repair of flood control channels, access roads, drainage culverts, outfall structures, sediment removal, graffiti abatement, incidental vegetation trimming, sandbagging and plastic sheeting, and emergency response during the wet season. Mr. Andersen said that the recent focus over the last three years were toward repairs due to 2017 storm damage, which reduced ongoing regular maintenance. There was a large number of slides that were concentrated on, and now with most of those repairs done, the upcoming work plan focuses on increased maintenance of the flood control channels and roads. Mr. Andersen stated that staff is recommending a one-year contract in the amount of $936,384 with an option to extend an additional year with an inflation adjustment. The proposed contract is as needed, and funds will only be paid after the work is performed.
Director Quigley made a motion to approve the item and Director Gambs seconded the motion. The item was approved by a rollcall vote of 7-0.
Resolution No. 20-16 Operated Equipment Supply Contract for Maintenance and Emergency Work for Flood Protection Facilities (Flood Protection Maintenance Activities) (Item No. 12)
Item 13 -
PFAS Distribution Assessment in the Livermore Ground Water Basin
Carol Mahoney, Integrated Water Resources Manager, stated that purpose of this study is to help Zone 7 understand the distribution of the PFAS chemicals found within the groundwater basin and the types of sources that may have generated them. Staff reviewed the list from November of water supply planning companies approved by the Board and decided to go with Jacobs Engineering Group, Inc.
Director Ramirez Holmes asked if we would obtain more information on where these chemicals come from since there is no known local manufacturing and it may be difficult to discern. Ms. Mahoney responded that the consultant can provide that information with the data we have, whether we need to explore certain areas more extensively to understand what is happening, or if where patterns have developed. Director Ramirez Holmes expressed her concern over the end result of the report noting that Jacobs Engineering has engaged with a number of agencies, but none have produced any final reports. Director Ramirez Holmes also asked if this study would fall under the Carollo contract. Ms. Pryor responded that Carollo is looking at the PFAS that are in our production wells and potential treatment options, but not where the PFAS is coming from. Ms. Pryor stated that staff recommends procuring a professional firm to understand the sources better, in order to take further actions.
Laurene Green, a resident of Pleasanton, stated she supports this study as it has been a concern for her for quite a while and she thinks it is important that Zone 7 acquire this knowledge.
Director Palmer made a motion to approve the item and Director Gambs seconded the motion. The item was approved by a rollcall vote of 7-0.
Resolution No. 20-17 Award Contract for PFAS Distribution Assessment Report of the Livermore Valley Groundwater Basin (Item No. 13)
Item 14 -
Osborn Solitei, Treasurer/Assistant General Manager - Finance, presented the annual Investment Policy to the Board which follows the guidelines of Government Code Section 53607. Director Palmer made a motion to approve the policy and Director Smith McDonald seconded the motion. The item was approved by a rollcall vote of 7-0.
Item 15 -
Water Resources Committee Meeting - January 29, 2020 - notes
Finance Committee Meeting - March 10, 2020 - notes
Item 16 -
President Figuers had nothing to report. Director Palmer submitted a written report and a verbal report.
Item 17 -
Items for Future Agenda - Directors
Item 18 -
Staff Reports-Information items-No action will be taken
1. General Manager's Report
2. Legislative Update
3. March Outreach Activities
4. Annual Groundwater Sustainability Report for FY 2018-2019
5. Monthly Water Inventory and Water Budget Update
6. FY 2019-20 Unaudited Second Quarter Revenue and Expenditure (R&E) Report
7. Investment Report as of December 31, 2019
8. Verbal Reports
Ms. Pryor stated that Zone 7 spent the last month and more dealing with COVID-19. She assured the Board and the public that flood and water operations continue to function under the COVID-19 shelter-in-place restrictions. Staff have been operating with appropriate social distancing and many are telecommuting. Ms. Pryor added that staff are constantly assessing our operating procedures, cleaning, disinfecting, and using one person crews and only allowing one person per vehicle.
Ms. Pryor thanked Zone 7 staff for their dedication and professionalism during this stressful time for everyone. Ms. Pryor noted that Zone 7's policies and procedures are changing daily, but staff continue to be very dedicated and are here working to serve our customers.
Ms. Pryor also commended Donna Fabian, Executive Assistant/Board Secretary, for pulling off Zone 7's first Zoom Board Meeting. She thanked Ms. Fabian, and everyone involved for making it happen.
Item 19 -
President Figuers adjourned the meeting at 8:49 p.m