SLVWD Board Meeting Summary
December 3, 2020
Mark Dolson
Old Business
CZU Wildfire Damage Report
James Furtado (Director of Operations) provided a brief update on ongoing infrastructure restoration being performed by Sandis Engineering at two separate sites: the water treatment plant in the Lyon Tank area and the Foreman diversion and pipeline. For the pipeline, the 12” pipe has been completed and flushed; work on the 8” pipe is about half complete. At the Lyon site, the District is just waiting for a fitting to begin running water through the treatment plant. Water is now being pumped up to the Little Lyon site, and the District is waiting on a check valve to begin pumping water up to the Big Lyon tank. This tank will be filled in stages so that sampling and testing for Volatile Organic Compounds (VOCs) can be performed along the way without wasting water.
Director Fultz asked for clarification on the VOC testing, and James explained that there is an open question about the need to apply a new interior coating to the tank. The Little Lyon tank is confirmed to need coating, but the Big Lyon tank was less damaged and was pressure-washed and cleaned. The VOC testing will determine whether it needs a new coating as well.
James reported that the District is getting close to wrapping up the temporary and emergency infrastructure restoration work. There are big projects to follow, and these will need to go out for design and bid. Rick Rogers (District Manager) explained that an assessment of the types of material and a discussion of permanent replacement strategies for raw water supply lines will be one of the first studies brought to the Board.
Directors Fultz and Moran (and, subsequently, Beth Thomas, speaking as a member of the public) all asked for more detail regarding tree removal. James said that 400-500 trees have been removed. No more are currently marked for removal, but there are still many removals to come. James emphasized that no undamaged trees will be removed. Trees are designated for removal when an arborist confirms significant fire damage. Fire-damaged trees along the edges of roads are a particular concern.
Conjunctive Use Plan CEQA and Environmental Permitting Consultant Selection
Carly Blanchard (Environmental Planner) summarized a memo from the District Manager recommending that the Board authorize him to enter into a professional service agreement with Rincon Consultants for the Conjunctive Use Plan CEQA and Environmental Permitting. “Conjunctive Use” is about coordinating the use of groundwater and surface water to create “win-win” scenarios for the District and the local environment. This particular agenda item relates to a state grant received by SLVWD and the County through the Wildlife Conservation Board (WCB) to develop a Conjunctive Use Plan to identify options for increasing stream flow for fish and increasing reliability of surface and ground water supplies for the District. The Conjunctive Use Plan is 90% complete and pending the direction of the associated environmental permitting.
There are actually two parts to the plan, each of which will undergo its own California Environmental Quality Act (CEQA) process. Part 1 is about near-term changes such as using the existing emergency interties for non-emergency water transfers. Part 2 is about the potential longer-term development of an additional water source (such as the existing allotment of water stored in Loch Lomond reservoir) and an aquifer storage and recovery system, pending further feasibility analysis.
The SLVWD released a Request for Proposals in November 2020 to select a consultant to complete the required Initial Study and CEQA documentation. Rincon Consultants, EMC Planning, and Denise Duffy & Associates all responded. The County, District staff, and the District’s consulting fisheries ecologist reviewed and scored each proposal. Rincon Consultants submitted the lowest bid and also received the highest score. This portion of the project ($77,500) will be fully supported by the WCB grant funding (but this will mean that none of Carly’s time will be able to be charged to the grant).
Director Fultz and District Manager Rick Rogers each commented enthusiastically about the positive consequences for the District. Directors Fultz and Moran (and, subsequently, by Beth Thomas speaking as a member of the public) raised some minor questions. A motion to approve the agreement with Rincon Consultants passed 4-0.
New Business
Installation of Water Service – Agreement for Markey Property
The goal of this agenda item was to obtain Board approval for a standard Long Service Line Agreement sought by Kimberly and Steve Markey for their property on Ralston Ridge which currently lacks water service. Several such agreements are routinely approved each year for properties where future water mainline extensions are not likely to be constructed. The applicant is required to provide the District with proof of rights-of-way and is required to participate in any future water mainline extension should such mainline provide service to the subject parcel. The formal contract is the same one that the District has used for multiple decades.
Director Fultz raised multiple objections to the District’s contract on the grounds that it was unclear in one section and that it unfairly stripped the applicant of rights in another. District Manager Rick Rogers explained some of the underlying motivation for one of the clauses at issue, but he agreed that it might make sense to conduct a review of the agreement and to possibly revise it. Legal Counsel Gina Nicholls concurred but said this would require the Board to delay its approval until this revision process was complete.
President Henry and Director Farris, Director-Elect Tina To, and District Secretary Holly Hossack all suggested that the applicant would prefer to have the current agreement approved without delay, even if the District decides to revise its standard contract in the future. Director Fultz seemed to agree but expressed concern that he had raised this same issue a year ago and that no action had been taken. Director Moran argued that it would be better for everyone to incur the additional delay in order to immediately cease using the old contract and transition to the cleanest and most up-to-date agreement that the District can produce. Beth Thomas, commenting during the public input period, agreed.
The Board seemed to be having difficulty converging on a plan of action so Counsel Gina Nicholls finally advised that the cleanest approach would be to reject the agreement as written via a motion to have Staff make modifications to the District’s standard Long Service Line Agreement. She noted that this would effectively remove the immediately following item from the agenda (as it involved the same agreement). This motion passed 4-0.
Installation of Water Service – Bank of Meters
This item was removed from the agenda in light of the motion just passed.
Radio Tower Lease Agreement
The goal of this agenda item was to obtain Board approval for a lease agreement in which KCBZ Radio would pay $300 per year to SLVWD to house a KCBZ radio transmitter at the District’s Nina Radio Facility. Rick Rogers read a memo providing a detailed explanation of the benefits of this arrangement for the radio station, the District, and the SLV community.
Basically, the District has been working with the Boulder Creek Recreation and Park District (KBCZ Radio) for a number of years on an agreement to place a transmitter on a District parcel to expand the radio station’s coverage to the entire San Lorenzo Valley. The first proposed site proved unsuitable, but the current location seems ideal. The radio station, in turn, has provided favorable reporting on the District and has proven to be an asset to the community during emergencies. Staff therefore sees great potential in working with KBCZ in the future.
Representatives of the radio station participated in public comment and reiterated their enthusiasm for this project and their appreciation of the District’s responsiveness. They explained that the transmitter location is perfect for their operation, it will be no higher than existing structures, and radiation will be similar to that of a kitchen microwave.
There was seemingly nothing more to discuss, but Director Fultz expressed major concerns with specific details in the lease agreement that he viewed as unacceptably biased in favor of the District. The ensuing discussion proved quite lengthy, as Director Fultz detailed ways in which he felt that the contract failed to adequately protect the radio station from potential future harm at the hands of the District. Rick Rogers explained that his primary objective was to protect the District. The clauses that Director Fultz deemed unduly solicitous of the District (e.g., giving the District the power to unilaterally end the agreement with six months’ notice) were inserted to guard against the possibility of some unforeseen extenuating circumstance arising with the radio station. Rick said it was important to be cautious in the first few years of any new relationship, and he favored a “belt and suspenders” approach on behalf of the District.
President Henry offered a hypothetical example of a potential extenuating circumstance, but Director Fultz continued to argue that the District was improperly taking advantage of the radio station. President Henry sought further input from the radio station representatives, but their responses were difficult to interpret. They basically said that they were happy with the current contract but wouldn’t object to a contract that was more protective of their interests. President Henry also sought input from Directors Moran and Farris who had so far remained silent, but neither had anything significant to contribute.
Finally, Counsel Nicholls (who drafted the contract in question) weighed in. She explained that there is nothing in this agreement that is inconsistent with comparable agreements, that it is common to provide a public agency with a lot of flexibility, and that the six-month termination option is actually longer than most such provisions. In addition, she said the renewal provisions of the current agreement (which Director Fultz also objected to) provided an opportunity for both parties to take a look at what’s working and what isn’t working and to tweak the terms of the contract accordingly (instead of just automatically renewing). She described these provisions as thoughtful, as being included for good reasons, and as providing value to the District.
This led President Henry to offer a resolution in favor of the proposed contract as written, and the motion passed 4-0.
District Reports
Director Fultz asked about the status of the project on California Drive. James Furtado said that digging should begin 12/15 or 12/16.
Director Henry asked when the Lompico tanks will be up and running. James said the Madrone tank is running, and the Lewis tank should be online in the next two weeks.
Director Fultz asked about the status of cash and the possible need for a loan. Stephanie Hill (Finance Manager) said the District is talking to more companies about getting a loan and is currently in discussion with two banks. The Board will be included for any actual signing.
Director Communications
Director Moran read a statement thanking various people who have helped to make his time on the Board more meaningful. This included his wife, his parents, his fellow Board members, Rick Rogers, the Staff, and all the people in the SLV who encouraged him. President Henry thanked Directors Moran and Farris for their service on the Board, saying that both of them had done good work. James Furtado echoed this assessment.