Thursday, August 20, 2015

[Alameda County] Zone 7 Rejects Grand Jury Statements on Purchase Of Ranch


Zone 7 Water Agency disagrees with allegations made by the Alameda County Civic Grand Jury concerning a supposed lack of transparency in the process of spending $18 million to acquire nearly 5000 acres of watershed land adjacent to Lake Del Valle.
The Grand Jury issued a report June 29, objecting to what it called the lack of a public process in discussing elements related to the purchase. The Grand Jury had no quarrel with the $18 million expenditure itself.
The Grand Jury report said that there was no public discussion of such details such as where in the budget the payment money should come from, how funding $2.7 million of it from developer drainage fees is justified, and why it is important to acquire watershed land.
The Grand Jury decided in July 2014 to investigate, after a citizen filed a complaint in November 2013. As required by law, the citizen was not identified.
Zone 7 is responding in an 11-page document, which was scheduled for possible approval at the board's meeting Aug. 19, after The Independent's deadline. The Grand Jury said that Zone 7 must respond by Sept. 29.
The reply, which is available on the Zone 7 web page at http://www.zone7water.com/images/pdf_docs/agenda-august/8-19-15_10.pdf, responds to each Grand Jury statement point by point.
Zone 7 says that the agency board was transparent as much as a public agency can be in the process of acquiring property. The land was held privately among several trusts. It was necessary to talk to the trusts' representatives privately in closed sessions.
Lack of privacy in negotiations could have opened up the sale to other parties, which would have raised the price. Under the circumstances, the Brown Act allows for closed meetings, says Zone 7's response.
The closed sessions were confined to discussion of negotiating strategy, price and terms. The numbers of the parcels and the names of the negotiators were printed on every agenda that listed a closed session devoted to the discussions.
All agendas are posted 72 hours prior to a meeting on the Zone 7 web page. People may request them via e-mail or postal mail. No one from the public appeared or spoke at any of the meetings where the item was noticed, says the Zone 7 reply.
The Grand Jury report said that Zone 7 failed to follow its core values of openness, transparency and fiscal responsibility.
The Zone 7 response says that its core values statement says communications shall be open and public, except when the Brown Act authorizes otherwise.
The Grand Jury report stated that Zone 7 "failed to adequately disclose detailed budget information" regarding the purchase before the adoption of the 2013-14 budget. "The purchase included a questionable use of restricted funds," said the Grand Jury in an apparent reference to the agency's use of $2.7 million in drainage fees as part of the financing for Patterson Ranch.
Zone 7 says that the budget was discussed publicly at a finance committee meeting in April 2013 and at a board meeting in May 2013, prior to the property purchase.
The Zone 7's opinion, its reply sets the context for the use of the $2.7 million in developer-paid flood control fees. The Zone 7 Stream Management Master Plan (SMMP) approved by the board in 2006, shows the connectivity of three Zone 7 duties: flood control, water management, and environmental stewardship.
A project that improves the stability of a flood control channel also expands the capacity to handle storm water, and enhances groundwater recharge. In the draft letter, Zone 7 notes that the portion that improves flood control capacity would be funded by developer impact fees (in this instance, the $2.7 million mentioned by the Grand Jury). The proportion that enhances water recharge would come from the water rate fund. The proportions would be scaled according to an analysis of their relative benefits.
RUN-OFF CONTROL HELPS QUALITY
According to Zone 7, buying the Patterson Ranch, and being able to manage it as watershed, it will be able to control runoff that goes into Lake Del Valle. That reduces the amount of water that goes downstream, which is a help for flood control. Spending flood-control fees in this way is "very cost-effective," says Zone 7.
The response also points out that there are water quality benefits from having watershed control of the Patterson Ranch, which will continue to graze cattle. Grazing is a land use that needs special attention when it comes to management, with an eye toward minimizing run-off pollution, since the land is adjacent to Lake Del Valle. The lake is a reservoir for Zone 7 water, as well as for downstream water agencies in Fremont and San Jose, all members of the State Water Project.
For Zone 7, when the Lake Del Valle water leaves the reservoir, it percolates into the Arroyo Del Valle, and helps to recharge the underground water basin. It also can be directly piped to the Del Valle Water Treatment Plant.
On the Grand Jury's comments urging more transparency, Zone 7 notes that it has followed the "spirit and the letter" of the Brown Act. Further, the agency has won awards from professional associations for its outreach and transparency. Its most recent was received Aug. 6 from the Special District Leadership Foundation, a professional association dedicated to improving special districts. First place awards for outreach in 2008, 2009 and 2011 came from the Association of California Water Agencies.
The Grand Jury also said that Zone 7 "must provide greater transparency, making archived video or audio of public meetings available on Zone 7's web site."
Zone 7 will consider this recommendation, says the response. However, the response notes that "Zone 7's current approach goes well beyond the requirements of the Brown Act, the sole legal requirement for transparency. Zone 7 respectfully disagrees that there is any requirement to make changes in policies or procedures."
Although not mentioned in the draft letter, Zone 7 has talked about video posting, computer streaming, or TV broadcasts even before the Grand Jury issued its report. Currently, Zone 7 is researching cost and effectiveness of such options.
In addition to citing the agency's awards for transparency, the Zone 7 draft letter adds that its transparency includes public participation at board and committee meetings, and detailed minutes, which are posted on the web site as soon as the board approves them. People also have the opportunity to read local news accounts about Zone 7 meetings and activities, states the draft.
August 20, 2015
The Independent
By Ron McNicoll

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