SLVWD Board Meeting Summary

October 1, 2020

Mark Dolson

Unfinished Business

CZU Wildfire Damage Assessment Report

District Manager Rick Rogers provided a brief update on infrastructure recovery work.  The Foreman intake line is being replaced with buried HDPE pipe – this was discussed in more detail as part of the Contracts topic below.

The pressure washing of the interiors of the Lyon and Little Lyon water storage tanks has proceeded as planned.  The District will most likely move ahead with a quick-turnaround bid spec for recoating both tanks; this will be expensive and will be appropriately reviewed by the Board.

Work is also continuing in conjunction with the “Do Not Drink / Do Not Boil” (DND/DNB) order.  A key upcoming focus will be on debris flows.

Director Henry asked whether there is some way to intercept debris flows upslope.  Rick said that discussions are continuing with the civil engineers from Sandis and from the Fire Management Group.  There may be something that can be done to slow flows and/or harden facilities, but time is very short, and it isn’t clear whether either FEMA or the County would pay for this.

CZU Wildfire Emergency Contracts Status Update

District Manager Rick Rogers recommended that the Board approve an additional $1.55 million in emergency expenditures.

Repairs to date have centered on reestablishing water service/quality to homes, installing temporary water tanks and main lines, and water quality sampling.  Also, approximately 400 trees required removal due to fire damage.  A registered professional forester identified trees that presented a safety risk, and the District will try to sell the lumber.  The majority of this work will be covered by FEMA.  Additional construction work is needed in the process of replacing the Foreman Creek raw water supply line and replacing all piping between the Lyon, Little Lyon, and Big Steel Tanks.

There was a lengthy discussion about the replacement of the burned Foreman HDPE pipe with buried HDPE pipe.  The original plan was to quickly run temporary above-ground HDPE pipe, but the soil assessors advised against this due to the imminent threat of debris flows.  Burying the pipe two to three feet underground protects it from debris flows and potentially protects it from fire damage as well.  This was relatively easy to do and also makes it possible that the temporary solution could prove to be permanent, but this remains to be determined.

Director Fultz expressed concern based on his understanding of the Paradise Fire in which buried HDPE pipe was damaged due to heat, possibly from tree stumps burning underground.  Rick Rogers explained that the damage in Paradise was due to steam entering the pipeline.  For the Foreman line, Operations Manager James Furtado said a bulldozer removed stumps along a 12-foot wide path.  Additional steps may yet be taken, such as clearing away vegetation to prevent above-ground heating.  Rick Rogers said we have not yet created an adequate defensible space as FEMA only covers debris removal within reach of a facility.  There are still a lot of trees to be removed, and another forester assessment will be needed.

Director Henry asked about the prospects of being reimbursed for more than the 75% covered by FEMA.   Rick Rogers said this is possible because the state can potentially fund an additional 11-15% via the Office of Emergency Services (OES), but he also noted that this money is hard to get.  On the other hand, the District is insured for contamination, and Rick said the meeting with the Special District Risk Management Authority (SDRMA) suggested that they will pick up some things that FEMA will not pay for.  There are various deductibles associated with this coverage.

A lengthy public comment by Joe Cucchiara delved more deeply into this question.  Joe praised the temporary repairs but urged a cost-benefit analysis to determine the best solution for permanent repairs.  Rick Rogers assured him that information was being gathered for this purpose.  Joe further pressed the District to apply additional pressure to get the state to request 100% financing from FEMA – the Federal Government has the ability to help pay 100%, but the justification must come from the state and the federal representatives for the county as a whole.  Rick said the District is just starting conversations with Bruce McPherson about expanded funding.  Joe also asked whether there is any prospect of Army Corps of Engineers assistance.  Rick said this has not yet been addressed.

A public comment by Beth Thomas urged the District to disseminate a concise public explanation of the issues relating to past and future use of HDPE pipe because this topic has proven controversial within the local community.  Rick Rogers shared some relevant further considerations but didn’t make it clear what public communication would be pursued.  He noted that ductile iron pipe needs to be buried as well (due to rubber gaskets) so there were a lot of environmental concerns about steel pipe at the time the HDPE pipe was chosen.  He said the upcoming environmental review process will be lengthy and involved, and people may advise against having any pipeline.

Director Moran made a motion to increase the approved expenditures by $1.55 million to a total of $2.1 million, and Director Farris seconded this.  The motion passed 5-0.

CZU Wildfire Water Quality Update

Rick Rogers introduced the most recent water quality update memo.  333 Riverside Grove customers remain under a DND/DNB order.  The contaminants were drawn into the water system from damaged houses, and there is no way to further accelerate the process of resolving this.  It takes about a week to go through the full assessment process from sampling to public reporting of the latest results.  Other monitoring is continuing, and a long-term plan is also currently being drafted with the state regulators.

Director Fultz asked how long we expect the enhanced sampling and testing protocol to extend into the future.  Water Treatment and System Supervisor Nate Gillespie said that it might be roughly two years but at a greatly reduced level.  (The cost will also be greatly reduced when the 24-hour turn-around is no longer required.)

Director Moran asked what role the Kirby Treatment plant is currently playing.  Nate said water is only coming from this plant when the wells can’t keep up with demand.  Director Moran also asked about communication with affected customers.  Nate said that calls are being exchanged, that front-office staff is communicating with people, and that social media is also being used.  Directors Farris and Henry each asked about further details of the testing.

A lengthy public comment by Joe Cucchiara focused on various additional testing details, and Nate and James Furtado responded.

CZU Wildfire Customer Relief Resolution

District Counsel Gina Nicholls presented a water bill adjustment resolution which formalized the August excessive-use forgiveness policy approved by the Board at its 9/17 meeting.

Director Fultz noted that some people on social media had asked why they should be paying anything at all for the portion of the month that they weren't able to use the water (i.e., they wanted the fixed part of the bill to be pro-rated).  Director Henry commented that the fixed portion of the bill is just part of being served by the District and is never pro-rated.

During public input, Joe Cucchiara said that people have been asking him whether the District has a low-income or financial hardship policy, and he didn’t know what to tell them.  Rick Rogers noted that the District initiated a one-year pilot Ratepayer Assistance Program (RAP) in July, 2020 and suggested that customers should either consult the District’s website or contact customer service to learn more.  Cynthia Dzendzel mentioned that Valley Churches is helping people with their water bills.

New Business

Election Ethics

District Counsel Gina Nicholls reminded the Board and staff of the ethical rules that apply to public service and that are especially important to follow during election season:  (1) public funds can't be used for private purposes (so, for example, District laptops can’t be used to engage in election activities), (2) Board members and staff can’t address the election during the course of their normal duties (so, for example, Board members can’t campaign while helping to dispense water), and (3) Gina should be consulted prior to any district-paid mass mailings to ensure that these do not stray into campaign territory.

Committees

Rick Rogers presented a memo requesting cancellation of committee meetings in October in light of the continuing excessive demands being place on staff by the heavy wildfire-related workload.  The one exception will be the Budget and Finance Committee.  (Also, note that there will be only one Board meeting per month in November and December.)

Directors unanimously supported this action.

Rick Rogers also solicited Board guidance on recruiting new committee members for 2021.  Secretary Holly Hossack suggested that it might make sense to simply roll over the current membership since most committees have only managed to meet twice so far in 2020.

Directors unanimously endorsed a plan whereby the District will both recruit new committee members and encourage existing members to reapply.  This did not require a formal resolution, but it was noted that a future resolution will be needed to extend the Facilities Committee beyond its current early 2021 expiration date.