Board of Public Utilities

Council Chamber City of Santa Rosa 100 Santa Rosa Avenue Board of Public Utilities Regular Meeting Minutes - Final Thursday, October 17, 2024 1:30 PM 1. CALL TO ORDER AND ROLL CALL Chair Galvin called the meeting to order at 1:30 p.m. Director Burke introduced Interim Assistant City Attorney Dustin Cooper. Interim Assistant City Attorney Cooper introduced himself to the Board of Pubic Utilities. Present 6 - Chair Daniel Galvin III, Vice Chair William Arnone Jr., Board Member Lisa Badenfort, Board Member Robin Bartholow, Board Member Duane De Witt, and Board Member Glen Wright Absent 1 - Board Member Christopher Grabill 2 REMOTE PARTICIPATION UNDER AB 2449 (IF NEEDED) None. 3. STATEMENTS OF ABSTENTION BY BOARD MEMBERS None. 4. STUDY SESSION 4.1 EVERY PIECE INSPIRES CHANGE (E.P.I.C.) COLLABORATIVE The Storm Water and Creeks Team of Santa Rosa Water plans to implement a Trash Pilot Study, the E.P.I.C. Collaborative, consisting of public outreach and education, as well as strategic actions, to reduce the amount of trash discarded on Sebastopol Avenue and consequently reduce the amount of garbage entering the storm drain system. The State Water Resources Control Board adopted the Trash Provisions in 2015, which require that all particles 5mm or greater are prevented from entering the storm drain system by 2030. To comply with the State of California 2030 Trash Compliance Amendment, this Trash Pilot Study will be conducted to demonstrate potential citywide solutions. The Board may discuss this item and give direction to staff. City of Santa Rosa Regular Meeting Minutes Page 2 of 7 Board of Public Utilities Regular Meeting Minutes - Final October 17, 2024 Nick Sudano, Senior Environmental Specialist, and Brandt Hoekenga, consultant with TIV Branding, presented and answered Board Member questions. 5. MINUTES APPROVAL 5.1 September 5, 2024 - Regular Meeting Minutes - Draft The September 5, 2024 regular meeting minutes were approved as submitted. 6. STAFF BRIEFINGS 6.1 WATER AND RECYCLED WATER SUPPLY UPDATE Staff will update the Board on water and recycled water supply issues. The Board may discuss this item and give direction to staff. Lisa Cuellar, Sustainability Coordinator, and Andrew Romero, Wastewater Reclamation Superintendent presented and answered Board Member questions. 7. CONSENT ITEMS None. 8. REPORT ITEMS None. 9. PUBLIC HEARING 9.1 PUBLIC HEARING - PUBLIC HEARING ADOPTING NEW MISCELLANEOUS FEES AND INCREASING CERTAIN MISCELLANEOUS FEES BACKGROUND: Santa Rosa Water’s miscellaneous fees and charges reimburse the department for providing specific services, utilizing time and materials or other appropriate methodologies to define the costs of providing the services. These charges are collected from the customers who receive an applicable service such that the costs for those specific services are not spread to the entire ratepayer base. Miscellaneous fees and charges were last updated in 2022, with implementation occurring in February 2023. If the Board of Public Utilities adopts these City of Santa Rosa Regular Meeting Minutes Page 3 of 7 Board of Public Utilities Regular Meeting Minutes - Final October 17, 2024 fees at the public meeting on October 17, 2024, the changes to the miscellaneous fees will take effect 60 days after adoption, on December 16, 2024.Staff is also recommending that the fees be adopted through June 30, 2026 and that the Water Director be authorized to adjust all fees on July 1st of each year, beginning on July 1, 2026, to incorporate changes identified in the Consumer Price Index (CPI) for urban consumers in the SF Bay Area. This Public Hearing item was moved to a date certain from the October 3, 2024 meeting. RECOMMENDATION: It is recommended by the Budget Review Subcommittee and Santa Rosa Water that the Board of Public Utilities, by resolution, adopt new Water Department miscellaneous fees and charges for water and wastewater services, increase certain fees based on updated cost information, adopt all fees through June 30, 2026 and authorize the Water Director to escalate certain fees on July 1, 2026, and July 1st of each year thereafter, based on price changes as identified by the Consumer Price Index (CPI) for urban consumers in the San Francisco Bay Area. Nick Harvey, Deputy Director - Water Administration, presented and answered Board Member questions. Chair Galvin opened the Public Hearing at 2:42 p.m. and closed the Public Hearing at 2:43 p.m. A motion was made by Board Member Wright, seconded by Board Member Bartholow, to waive reading of the text and adopt RESOLUTION NO. 1332 ENTITLED: RESOLUTION OF THE BOARD OF PUBLIC UTILITIES OF THE CITY OF SANTA ROSA ADOPTING NEW AND CHANGED MISCELLANEOUS FEES AND CHARGES. The motion carried by the following vote: Yes: 6 - Chair Galvin III, Vice Chair Arnone Jr., Board Member Badenfort, Board Member Bartholow, Board Member De Witt and Board Member Wright Absent: 1 - Board Member Grabill 10. PUBLIC COMMENTS ON NON-AGENDA MATTERS None. 11. REFERRALS City of Santa Rosa Regular Meeting Minutes Page 4 of 7 Board of Public Utilities Regular Meeting Minutes - Final October 17, 2024 None. 12. WRITTEN COMMUNICATION (AND POSSIBLE BOARD DISCUSSION) None. 13. SUBCOMMITTEE REPORTS Board Member Wright reported that the Budget Subcommittee met for the second time on September 17, 2024 to consider proposed updates to Santa Rosa Water's miscellaneous fees and charges schedule, which was considered by the Board at today's meeting. Staff recommended updates to several fees reflecting the increased costs of delivering services, and recommended that the Water Director be authorized to use the Consumer Price Index to increase certain fees now and on an annual basis beginning on July 1, 2026. After review, the subcommittee unanimously recommended approval of the proposed miscellaneous fees and charges schedule. 14. BOARD MEMBER REPORTS Vice Chair Arnone reported that he was able to celebrate Water Professionals Week with members of Santa Rosa Water during two different appreciation events. Chair Galvin reported that he was also able to celebrate Water Professional Week with members of Santa Rosa Water during the other two appreciation events. Board Member DeWitt reported that Make A Difference Day is in October and there will be a cleaning at Roseland Creek on the last Saturday of the month from 10 a.m. to 2 p.m. 15. DIRECTORS REPORTS Director Burke reported: Camille Gardea, Environmental Compliance Inspector 2 just passed the exam for the California Water Environment Association Laboratory Grade 3. This is a difficult test and her passing the exam is an example of her dedication and passion for continuous learning and expanding her City of Santa Rosa Regular Meeting Minutes Page 5 of 7 Board of Public Utilities Regular Meeting Minutes - Final October 17, 2024 knowledge base to better support the needs of the department. In response to nationwide concerns with lead pipes in drinking water systems, the US EPA promulgated revisions the Lead and Copper Rule in 2021. Guidance for implementation of the revised rule was released in August 2022. The 2022 guidance provided best practices for the new requirements that utilities develop an inventory of customer-side service line materials and communicate that information to the public by October 16, 2024. Santa Rosa Water already completed an inventory of our own distribution system and replaced any materials that may have lead present in them before 2018. These new requirements for an inventory now extend beyond our meter into customer property side services and their materials. Santa Rosa's drinking water is very low risk for lead contamination. Therefore, a Flint, Michigan type of lead contamination emergency has never been a concern because lead pipes were not the prevailing material utilized in our drinking water system’s history. Santa Rosa's customer water service lines have always historically been copper or plastic with a few older homes having galvanized iron. In 1946, Santa Rosa adopted requirements that standardized copper service lines for all new construction and in 1986 there was a nationwide requirement that all new household plumbing fixtures must be lead-free. Over the past two years, Santa Rosa Water staff have spent significant time reviewing historical records, conducting thousands of physical on-site inspections to assess the materials used in water service lines, compiled this information for submission to the US EPA, and prepared the inventory for publishing on a public-facing city webpage in an easy-to-understand format to comply with the new rules. The public information all went live this week. Through this inventory requirement, Santa Rosa Water has found no lead service lines in our service area. The city’s webpage and published information can be found at srcity.org/LSLI 16. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Board Member Bartholow left the meeting at 2:56 p.m. City of Santa Rosa Regular Meeting Minutes Page 6 of 7 Board of Public Utilities Regular Meeting Minutes - Final October 17, 2024 Interim City Attorney Cooper announced the Closed Session items. The Board of Public Utilities recessed to Closed Session at 2:56 p.m. and reconvened from Closed Session at 3:17 p.m. 16.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: [two cases Potential litigation against Tyco Fire Products LP and BASF Corporation Related to PFAS contamination 16.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) In Re Aqueous Film-Forming Foams Products Liability Litigation (City of Camden, et al., v. BASF Corporation) United States District Court for the District of South Carolina, Charleston Division, MDL No.: 2:18-mn-2873 and Case No. 2:24-cv-03174-RMG 16.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) In Re Aqueous Film-Forming Foams Products Liability Litigation (City of Camden, et al., v. Tyco Fire Products LP, et al.) United States District Court for the District of South Carolina, Charleston Division, MDL No.: 2:18-mn-2873 and Case No. 2:24-cv-02321-RMG RECESS TO CLOSED SESSION AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBERS 17. ANNOUNCEMENT OF ROLL CALL All Board Members were present with the exception of Board Members Bartholow and Grabill. 18. REPORT ON CLOSED SESSION Interim Assistant City Attorney reported that there were no reportable actions taken during Closed Session. City of Santa Rosa Regular Meeting Minutes Page 7 of 7 Board of Public Utilities Regular Meeting Minutes - Final October 17, 2024 19. ADJOURNMENT OF MEETING Chair Galvin adjourned the meeting at 3:18 p.m. The next Board of Public Utilities meeting is scheduled for November 7, 2024 at 1:30 p.m. Approved on: November 7, 2024 __/S/________________ Michelle Montoya Recording Secretary