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Russian River Watershed Council |
Full Council Meeting |
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Minutes of March 10, 2001 |
Cloverdale Veterans Memorial Bldg 9AM - 1PM |
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Opening count of watershed council members = 34 voting members APPROVAL OF AGENDA The published agenda was approved without dissent.
APPROVAL OF MINUTES Minutes from the January 13, 2001 meeting were not approved due to inaccuracies associated with Ann Maurice's remarks. Ann will submit a marked up hard copy to Karen Rippey. In the future each speaker will be carbon copied on the minutes to ensure the accuracy of recorded statements and maintain the credibility of the Russian River Watershed Council. When the minutes have been altered with the approved language from the speaker the old language will be shown struck out and compared to the new language for the Council's approval.
AGENCY ANNOUNCEMENTS o Miles Croom of National Marine Fishery Service in cooperation with Department of Fish and Game will be attempting to augment coho populations by performing genetic research on coho that are found and taken to the Warm Springs hatchery. Coho reared at the hatchery will be released to the tributaries with habitat rather than the main stem. o Request for proposals for SB271 restoration monies are due May 18. o Sierra Cantor of Sotoyome Resource Conservation District announced a creek stewardship program at the Santa Rosa Parks and Recreation Dept. on April 7, from 9AM-noon. RSVP to Sierra at 569-1448 or sierra@sonic.net.
ANNOUNCEMENTS o Scott Barrow announced that the Willow Creek project was approved on March 3 except for the gully repair element. Copies of the final proposal are available to interested council members. Michele Luna from Stewards of Slavianka will come to a future RRWC meeting to report on the progress of the project. o Peggy Maddock encouraged all Council members to get copies of the flyer on the handouts table for the water rights seminar on March 31. We have been having good success in preparing for the seminar with about a third of the seats reserved already. Peggy asked for volunteers for the event. Johanna Vanoni, Chuck Vaughn and Judy Christensen all indicated their willingness to help. o Brock Dolman announced a Salmon Creek Watershed Day at the Salmon Creek Middle School on May 19 from 10AM-5PM. There will be several opportunities to hear local speakers talk about different aspects of restoration work. Events include workshops, art exhibits, watershed games for kids, video oral history project, music and poetry. For more information visit either of these websites http://www.bodeganet.com/salmoncreek or http://www.freestone.com/salmoncreek o Eric Sunswheat announced a joint meeting of the Mendocino Supervisors and Planning Commission in Ukiah on March 15 at 1PM at the Veterans Memorial to discuss the roads standards for Mendocino county and hear reports from the five county (5C) program of assessing fish migration barriers associated with road culverts o Eric Sunswheat announced a meeting by Caltrans to discuss pesticide migration associated with roadside spraying on March 23 at Lake Mendocino Visitors Center in Ukiah from 11AM-2PM. Contact Bob Melendez at 445-6391 for more information.
WORK GROUP NOTES o Johanna Vanoni announced Salmonid Restoration work group will meet before next meeting. o Chuck Vaughn announced the WIAM work group will meet soon at a date/place to be determined. The RRIIS system proposals are being evaluated. It is hoped that contractor selection will be finished soon. o Peggy Maddock announced the Public Outreach and Education group will meet in the week before the seminar (March 27 from 4-6:30PM at the Windsor library)
ANNOUNCEMENT GUIDELINES Linda Curry presented the blue cards available for members to ensure that their announcement information is recorded accurately. Additionally these cards can be used by the work group chairpersons to detail information for a work group meeting announcement. All work group meeting announcements should be CC:ed to Linda Curry at watershedrrwc@hotmail.com or RRWC, PO Box 3908, Santa Rosa. The work group meeting details should include the name of the work group or caucus meeting, date, place, time, agenda and contact information. Anyone who is unsure of their work group signups can request to be added or deleted from any work group by contacting Linda (707-526-7865).
NON PROFIT STATUS Linda Bailey was introduced as an accomplished attorney who has represented the State of Nevada in water resource issues and the County of Mendocino during Decision 1610 deliberations, helped four local organizations attain nonprofit status and served the Eel-Russian River Commission for ten years. Linda outlined the pros of becoming a nonprofit organization for the Council: • Nonprofit status would enable the Council to apply for more federal, state and private grant money that is now available. • RRWC organization structure would be solidified by incorporation requirements. • Incorporation would send a strong signal to all agencies and spectators that the Council is serious about our mission statement and enable more dollars to be authorized for restoration in state and federal budgets. • Liability to individual members of the Council would be reduced by incorporation as legal protections exist for actions of nonprofit members that protect their personal liability. (NOTE: All citizens are legally responsible for their behavior regardless of their affiliations.) • Donations made to the Council as a 501(c)3 would be tax deductible. If we incorporated as a 501(c)4, only business expenses would be deductible. • Incorporation as "public benefit corporation" in California will enable tax exemption for California and Internal Revenue Service as well as qualify for better postal rates.
Requirements for a 501(c)3 include: • RRWC cannot engage in political activity or substantial lobbying. Incidental lobbying of representatives and agencies is acceptable. However, we cannot lobby fulltime. • RRWC cannot engage in "self dealings" that profit or benefit individuals. • RRWC must perform a public benefit such as education or research. • RRWC must pay $500 state filing fees to incorporate and then file tax returns. Requirements for a 501(c)3 continued: • RRWC must draft bylaws and articles of incorporation that are tailored to fit our mission statement. • RRWC must designate a Board of Directors, which must be at least one person, to manage the corporation. This can be delegated the executive committee that already exists for the Council. The terms for directors should be between 3-6 years. • RRWC must define a quorum for conducting business and define voting membership. If a board member has a conflict of interest, it prevents their vote on the issue. Other directors may vote for the proposal if it is cost effective. • RRWC must carry errors and omissions liability insurance. • RRWC must have president, secretary and treasurer positions, whose duties are defined in the articles of incorporation. • RRWC must determine whether we are a membership organization or not. Membership models come in several forms. In the three-tier model, there are members, a board of directors and executive committee. In the two-tier model, there are a board of directors and executive committee. Board of directors are formally designated members that have the responsibility to elect directors, amend bylaws and articles of incorporation, approve mergers, dissolve the corporation and approve the sale of assets. Other members can be informally designated such as members of the general public who can attend but not vote unless formally seated as a board member. • RRWC must distribute all assets of the organization in the event of our dissolution. If those assets are given to another nonprofit organization, it must be of a similar age. The leaner the structure of the corporation, the more efficient it will be. For instance, in a two-tier structure with the Council acting as the Board of Directors and the Steering Committee acting as the executive committee, most business of the Council could be conducted in a timely fashion. Audience questions What is the definition of lobbying? Definition of lobbying is an attempt to influence the law. An attorney for the Council can review substantial lobbying concerns. The RRWC can present results of nonpartisan research, address a broad, public issue and in most cases up to 20% of the Council's time and resources can be devoted to lobbying the legislature and still maintain the nonprofit status. Does appearing before the legislature of the Board of Supervisors constitute lobbying? The manner of the appearance determines whether it is "lobbying". If you are urging the adoption of a law, position or policy, that is lobbying. However, you can present results of research that support a policy without endorsing it. Again, the expenditure test means more than 20% of the budget being used for lobbying is substantial. What about the coordinator's salary and contributions to the Council? The coordinator could make presentations on behalf of the Council as long as a particular position was not being lobbied. How much is the Council going to spend for the legal advice needed to become nonprofit and where is the money for the errors and omissions insurance coming from? The Steering Committee and the Council need to make these decisions. Is the California test of nonprofit higher than the federal test? The requirements are roughly the same. Is there a lower legal burden with some other status? You are always responsible for your actions. Nonprofit appears to be a good fit with the Council's mission statement and objectives. Any legal requirement for excluding members? C4's can be a fiscal sponsor and lobby for candidates. C3's cannot lobby for candidates. It is up to the discretion of the Council to determine membership requirements. What is our existing liability? The same as any citizen who performs reckless or negligent actions towards another citizen. Do we really need another layer of authority or the extra grant money? Incorporation insulates the Council members from personal liability and damages if actions are taken against the Council. When we support other watershed groups, do we take on any responsibility for their actions? Yes. What about grant funding eligibility? As long as we can demonstrate that more than 2 organizations within the Council are not controlling the activities of the Council, we have met the means test. More grants from EPA are available to the Council if we are a 3C. What about making money vs. getting donations? You can make money as a nonprofit, whether it is through donations or some service or product you provide. The assets must be used to further your public benefit mission. What about saving the salmon? Is that considered lobbying? Sharing results of research associated with salmon restoration serves to address a broad public issue with social and economic impacts without being perceived as lobbying. Any conflict would be addressed by examining the IRS 557 rules that define the financial support your organization gives to a particular issue. What is liability? When a person suffers injury (hurt) or property is damaged (broken), there is liability. Motion was moved and seconded for a work group to move forward with developing bylaws for the Council to become 501(c)3. Motion was expanded to include the bylaws approval as a May agenda item for the Council. Members present for the vote =37. Vote was 29 Ayes, 7 No and 1 abstain. Discussion about motion viability. Rules indicate the Council may address any issue on the day of the meeting by a 75% vote of the Council. Motion carried as it was approved for introduction and then carried a majority. The work group will meet before the next meeting including: Linda Bailey, Jim Nosera, Kathy Hayes, Rusty Klassen, Al Beltrami, Al Giordano, Jerome Dix and Nick Tibbetts.
REPORT ON FIRST EXECUTIVE COMMITTEE MEETING 2/8/01 Bob Anderson reviewed the activities of the Executive Committee (Bob Anderson, Tim Derry, Jerome Dix, Mike Reilly and Richard Shoemaker). The supervisors are advisory to the Council but have a position on the executive committee. The handout that was given the Resources representative, Maria Rea, and meeting participants is available on the Corps website http: // www.spn.usace.army.mil/russian The handout includes the Project Study Plan (PSP), the mission statement, a chronology of the Council, the Rules of Operation, a listing of members and work groups, survey results and the proposal for Russian River Interactive Information System. The meeting was prescribed by the PSP and was used to approve the extension of Phase I. The Corps and Resources acknowledge the difficulty of the Council formation with so much inherent diversity in our membership. Dept of Fish and Game will be the lead agency for restoration activities and funding. Although the programs that exist now were not available when the Council was formed, there are many funding opportunities from the State and the Corps. The flow of money to/through the Council was addressed by all parties as well as the relationships being developed by the hard work of many volunteers and agency representatives. After the meeting, the group toured Dry Creek Valley where they observed successful restoration with fish sightings along Wine Creek, gravel pits extraction impacts, and the Wohler inflatable dam and infiltration ponds.
PHASE TWO PLAN OF ACTION AND SCOPE OF WORK Karen Rippey reviewed the adjusted budget approved in the executive committee meeting. When the existing budget figures with $120K funding were compared to the $400K needed, it was decided to extend Phase I through this year and funded at $520K in next year's budget. The deliverables for Phase II include the plan of action that will benefit the watershed. The timing associated with these activities is critical as the Steering Committee must meet with the consultant hired to develop the plan of action several times. Six consecutive Council meetings will have reports from the consultant as the plan of action is being developed with inputs from the Council. If we are to move forward on the July 2001 meeting, the Council must approve today the plan of work to have the final work product by September 2002. Our mission statement is consistent with the proposed plan of action included in the packet. Concerns from the Council were addressed by including in Section 2: 1) Management plan of action should include a means of evaluating council inputs, with bimonthly meetings and be incorporated into the plan 2) Review the inputs for effectiveness in restoring the fishery 3) More outreach to the various agencies and work groups 4) Review policies of county, state and federal government with direct public involvement. 5) Case studies that highlight the difficulties associated with the regulatory process, identify stumbling blocks and define problems and solutions. Concerns in Section 3: 1) Watershed management tools needs definition. For instance sediment control, or road standards to address turbidity and erosion problems. 2) Plan of action Concerns in Section 4: 1) Timeline should show which products would be delivered when. Audience Questions How will the contractor be selected? Contractor selection process will be similar to the RRIIS process, except that the Corps of Engineer will define the scope of work for the consultant. What about the energy crisis and drought in Washington? Is there a fast track for this process? No. How will delays affect the timeline? It will be very similar to the RRIIS process or the selection of the coordinator. The Council will approve action and the Steering Committee will be move it forward between Council meetings with inputs from members. What about this next phase? Don't we need to compile the information? The Russian River Interactive Information System will address some of this. Also Circuit Riders has contracted to compile various data sets on the Russian River. Don't the agencies need to get it together first? To talk about how much money is being spent where? There is $6.2 M allocated for this project in the state and federal budgets. There is $260K in the existing budget. State funding has been set aside as grant money so it will be more difficult to access unless the Council becomes a 501(c)3. Can these reviews be handled during the regular steering committee meetings or will we need extra meetings just for the reviews? Yes. The report will be presented in chapters. As each chapter is reviewed, a second draft will be developed that includes the inputs from the Steering Committee and the Council. If needed, we can schedule extra Council meetings to ensure inputs are being addressed. Is the Corps the only funding source here? It is in the Council's best interest to continue developing relationships with the various agencies. Already the Sonoma County Water Agency donates $15K for our meetings and the Regional Water Quality Control Board provides $50K of in kind services to perform the meeting mailings. There are other potential funding sources as well with Dept of Fish and Game and the California Division of Forestry. Where is the contractor money for 2001 coming from? If the contractor is brought on board by September 2001, it is likely that the first payment to the contractor will occur in November 2001, which is FY02 for the Corps. Why are we spending $125K for this person? The contractor will gather inputs from the RRWC, compile those inputs and develop the plan of action. After 2 years, the entire process will be evaluated for progress and meeting the needs of the different stakeholders. What about the effects of the scope of work on long term policy? This plan of action we are developing will define actions for the next phase of work that will result in the Russian River Management Plan. What about our inputs vs inputs from the steering committee? There will be two steering committee meetings between Council meetings. We may schedule more meetings if additional inputs are needed. Can't we cut the budget on facilitation and send more money towards restoration? The contractor's duties are defined in the PSP. Don't we need to involve all the necessary parties in the watershed? It has always been an open process. In Section 1.1, add attending work group meetings? The consultant will attend as many work group meetings as possible to gather inputs. In looking for "internal best practices", shouldn't we be looking beyond the Russian River for solutions that work? Any best practices will be considered. What is the timeline for the management plan? The original 5-year effort is now a 6-year effort with the management plan due in 2005. Can we break before deciding? Break now and ask Karen any questions needed to make your decision. Do we still have a quorum? 30 votes present is a quorum. Motion to approve plan of action with amendments discussed today was seconded. Vote was 24 Ayes, 5 No and 2 abstain. Motion carried.
DRAFT PROPOSAL FOR PROJECT SUBMISSION GUIDELINES Scott Barrow presented the 2nd draft proposal from the salmonid restoration and public outreach and education work groups. Audience questions Does all the criteria need to be addressed? These are just guidelines so that projects can be compared to each other. Does it have to include RRIIS? We can use conditional language for a proposal. What about maps submitted and landowner approval? Any access arrangements with landowners would be part of the project scope. What is support vs collaboration? Notices of funding opportunities are public information. The Council has already supported projects with funding like Willow Creek restoration and RRIIS. How is the request for support formulated? Follow the rules of operation. Issues are brought to the work group meetings or caucus meetings and advanced to the steering committee for the Council agenda by the work group or caucus. Emergency action at any Council meeting still requires the 75% approval. What does "sponsored by" mean? Don't you have to include all 3 caucuses? Each work group has members from each caucus. This doesn't appear to be a user-friendly process. There is lack of caucus representation in work groups and the work groups don't meet that frequently. The Council may amend the rules of operation if there is enough support for it. Get a hold of the work group chair or coordinator if you are concerned about meeting frequency. Isn't this process too slow to be workable? These are meant to be concise guidelines to assist the Council in determining which projects address our mission statement. Can we make a concise list of work group contacts to include with the guidelines? We can make it a packet for prospective projects. How convincing should the proposals be? The project must have application to real life. Minority issues will die from lack of support. This process ensures that projects that are viable and well thought out will be considered for funding or other support. Scott volunteered to take the draft back and rework it again. The amended draft will be shared with all Council members.
WHAT WATER SHORTAGE? Leonard Stewart of Stewart and Associates presented ideas for cleaner, more abundant water. Leonard is a prolific inventor with several patents associated with geothermal development and at least 18 patents for wastewater treatment. A trained soils engineer, he has worked for the Corps of Engineer and performed civil engineering projects from the Andes to Anchorage, Alaska. The Corps of Engineers acts under direction. When designing dams, the fish were not a design concern. We don't need to rip out the dams. We need to modify them. Our existing dams are outdated and need modification. Coastal upwelling of cold waters support the salmon fishery. However, dam waters introduced to the stream are too warm as they are taken off the top of the reservoir. The streambed below the dams is too shallow and lacks vegetation, which also contributes to the temperature problem. We need to develop habitat so that the fish aren't exhausted by the time they reach the fish ladders. Cold, rested, well-fed fish can pass the ladders. Installing wingwalls can reduce the width of the channel to make a deeper, colder stream. Sediments can be hydraulically flushed to minimize scouring effects. Some other steps to enhance the habitat are removing the giant reed choking the river, stop feeding the fish to the seals at the mouth of the river, improve summer flows by flushing sediments from the reservoirs. Spillways are good for flood control but bad for the fish. Stewart and Associates has the technology to access the colder water from the bottom of the reservoir via a big tunnel bored through the dam. Leonard volunteered to stand in a tuxedo at tunnel entrance to demonstrate the control his technology will afford. The Sonoma County Water Agency doesn't need expensive treatment plant improvements. There is a limited, finite supply of water. How many straws can be accommodated to drain that water is another question. Leonard has approached the City of Santa Rosa and the SCWA about his technology and has been told that those agencies are "not interested". Yet, his technology has the potential for 20 million gallons per day (MGD) with more coming. To imagine how much that is, if there are 500,000 people using the river now and each person flushes their toilet once per day at 5 gallons per flush, two and a half million gallons a day are used on toilet flushing. A wastewater pipeline for geothermal regeneration is under construction. Water is injected through the fractures to the hot rocks ( ~450oF) and produce steam for the turbines. The technology being proposed will eliminate any atmospheric discharge associated with the injections and release of steam. Leonard raised $150M to construct and manage the wastewater pipeline along a 6-mile route using a utility tunnel. In contrast the City of Santa Rosa has spent over $17.5M just fighting legal challenges and another $172M in construction costs with the meter still running. The route for the City of the Santa Rosa zigzags up the Mayacamas for 10.1 miles. The tunnel option is a better alternative for several reasons. Instead of 8'x 8' trench for the pipeline, the 14' tunnel is much cheaper to construct overall. It is not subject to erosion and allows for everyday visual inspection of the pipeline to detect potential failures. Any breach in the pipeline can be addressed by flow check devices to shut off the water if the pipeline fails. If a return line for clean water is needed, the existing pipeline needs another separate pipeline. In the tunnel, another line for clean water could be accommodated. Calpine operates the Geysers now. They can use all the water we can get to them. It is a mistake to talk about the Geysers aquifer as there is no aquifer to be recharged, rather a lot of fractured rock. Steam that comes out of the Geysers can be condensed and reused as water. Distillation is the process of driving off the gas from liquids while disinfection is the process of sterilizing the water of pathogens. The water from the Geysers is instantaneously vaporized due to the high temperatures. There would be no net increase in the amount of water, just more efficient use. The giant reeds can be controlled with a goat. Just stake the goat(s) and rotate them to address whatever vegetation is not desired. Leonard related how 35 goats eradicated brambles and poison oak from a 40-acre parcel owned by his family. There are 2 goat farms in the area already. Mercury and arsenic are present in geothermal emissions. Now, operations require 4 tanker trucks every few days to treat these emissions. Almost 74% of the steam is lost to the ambient air. Removing contaminants from the steam operates like a heat exchanger in your car with a closed system producing no emissions to the air. Vaporized mercury can be separated from water vapor using fractional distillation columns. Condensed wastewater could be reinjected into the steam fields or distilled.
NEXT STEPS May 12 is next watershed council meeting with potential action on nonprofit incorporation. Each caucus is encouraged to meet before the May meeting to review their membership list. Members have left and new members have been added. To follow the rules of operation, each new member must be formally ratified. . Website: http://www.spn.usace.army.mil/russian Email address: watershedrrwc@hotmail.com US Mail address: Russian River Watershed Council
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