EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: November 1, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Glen March, Senior Engineer
Humza Javed, Public Works Director
SUBJECT: Response to San Mateo County Civil Grand Jury Report: "The Other Water Worry: Is Your Water Provider Prepared for the Big One?” Recommendation
Adopt a Resolution approving a response letter to the San Mateo County 2021-2022 Civil Grand Jury Report, “The Other Water Worry: Is Your Water Provider Prepared for the Big One?” and authorize the mayor to execute and transmit the letter.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
The California Penal Code provides for the formation of civil grand juries and their powers and duties. With respect to public agencies, grand juries are authorized to “Investigate and report upon the operations, accounts and records of the officers, departments, functions, and the method or systems of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit.” (California Penal Code § 925(a)) A grand jury is an independent judicial body, composed of 19 citizens, that acts as an “arm of the court,” as authorized by the State Constitution, to be a voice of the people and conscience of the community.
On August 5, 2022, the San Mateo County 2021-2022 Civil Grand Jury (Grand Jury) issued a report titled “The Other Water Worry: Is Your Water Provider Prepared for the Big One?” (Report). The Report can be found at the following URL: Emergency Water.pdf (sanmateocourt.org).
The United States Environmental Protection Agency (EPA) is responsible for implementing the America’s Water Infrastructure Act of 2018 (AWIA). AWIA requires water providers serving more the 3,300 to develop a Risk and Resiliency Assessment (RRA) that addresses risks from both natural hazards and malevolent actors for water system infrastructure and operations.
AWIA also requires water providers to develop an Emergency Response Plan (ERP) that includes plans, procedures, and strategies to prepare for and respond to threats identified in the RRA.
The City of East Palo Alto prepared a RRA and ERP in 2021 per AWIA requirements.
Within 90 days after the Grand Jury submits a report regarding the operations of any public agency, California Penal Code § 933(c) provides the “governing body of the public agency shall comment to the presiding judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body…”. The proposed response for the City of East Palo Alto is included as Attachment B. The City is required to submit a response to the Report no later than 90 days after the Report was issued, that is, by November 3, 2022.
The Grand Jury selected and investigated 12 of the 16 major water providers in San Mateo County. The Grand Jury requested that 11 of the 12 water providers respond to the Report.
The Grand Jury reviewed documents and conducted interviews with representatives of each of the 11 water providers.
The Report focus was to determine if water providers were prepared for a disruption to the Hetch Hetchy water supply for a period of 72 hours. This scenario was not addressed in the City’s ERP. The City is working with Veolia North America, Inc. (Veolia) to include this scenario in Veolia’s ERP. Staff is unaware of any prior requirement that this scenario be a part of the Veolia’s ERP.
The Grand Jury specifically reviewed the following items:
· Does the water provider perform emergency preparedness exercises consistent with their emergency response plan (ERP)?
· Does the water provider perform an analysis and document an after-action report consistent with their ERP?
· Does the water provider have sufficient water storage to provide emergency water for a period of at least three days?
· Does the water provider have sufficient fuel storage to provide emergency fuel for a period of at least three days?
Emergency Preparedness Exercises and After-Action Reports All the water providers investigated had ERPs. Only seven (7) of the 12 ERPs included provisions for emergency readiness exercises.
The Grand Jury was unable to determine if any of the 12 water providers conducted an emergency preparedness exercise described in their ERP. No water provider was able to present an After-Action Report related to its ERP requirements.
Water Storage
Only seven (7) of the water providers provided data that showed they had sufficient water storage for a period of at least three days.
Fuel Storage
Only seven (7) of the water providers had a three-day back-up fuel supply to operate emergency generators to run the water system during an emergency.
Analysis
The Report presents five findings and makes five recommendations. The first four findings and recommendations are directed towards water providers and the fifth is directed towards San Mateo County Department of Emergency Management.
Staff reviewed and prepared a response letter as instructed by the report. The proposed responses to the report can be found below and the proposed response letter is included in Attachment B. With the Council’s authorization, the mayor will execute and transmit the City’s response to the Grand Jury by November 4, 2022, as required by statute.
San Mateo County Civil Grand Jury Findings with Proposed City’s Response:
The City is instructed to respond specifically to Findings F1, F2, and F3, F4 in the report. For each finding the City must state whether the City agrees with the finding or disagrees wholly or partially with the finding.
F1. The water provider was unable to demonstrate that it conducts the emergency exercise specified by its ERP, which may comprise its ability to supply water following a catastrophic interruption in water distribution service.
City of East Palo Alto: The City agrees with this finding.
F2. The water service provider was not able to produce documentation analyzing past exercises to test readiness and improve their performance, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
City of East Palo Alto: The City agrees with this finding.
F3. The water provider does not have three days of emergency water storage, which may comprise its ability to supply water following a catastrophic interruption in water distribution service.
City of East Palo Alto: The City agrees with this finding.
F4. The water provider does not have three days of emergency fuel storage, which may comprise its ability to supply water following a catastrophic interruption in water distribution services.
City of East Palo Alto: The City disagrees with this finding.
Since the Grand Jury’s investigation, the City determined there is adequate fuel storage for at least three days.
The City has only one facility that requires fuel storage to operate a standby generator, the “Gloria Way Well” and treatment system. The facility has an above ground storage tank that holds 516 gallons of diesel fuel and a Kohler Model 100REOZJF standby generator. The standby generator operating at 75% load uses 6.6 gallons per hour or 475 gallons over three days, which is adequate to operate the emergency generator for a period of at least three days.
San Mateo County Civil Grand Jury Recommendations with Proposed City’s Response:
The City is instructed to respond specifically to Recommendations R1, R2, R3, and R4 in the report. For each recommendation the City must respond to the recommendations.
R1. The Grand Jury recommends that, by March 31, 2023, the water provider perform emergency preparedness exercises consistent with its emergency response plan.
City of East Palo Alto: This recommendation has not yet been implemented but will be implemented by the deadline of March 31, 2023.
The City’s water operator, Veolia North America, Inc., (Veolia) will update its emergency response plan to identify the necessary actions to address its ability to supply water following a catastrophic interruption in water distribution service for at least three days.
The City, Veolia, and the Menlo Park Fire Protection District (Menlo Park Fire) will conduct a joint emergency preparedness exercise.
R2. The Grand Jury recommends that, by March 31, 2023, the water provider perform an analysis and document an After-Action Report consistent with the emergency response plan.
City of East Palo Alto: This recommendation has not yet been implemented but will be implemented by the deadline of March 31, 2023.
The City, Veolia, and Menlo Park Fire will perform an analysis of the exercise and prepare an after-action report.
R3. The Grand Jury recommends that, by March 31, 2023, the water provider develop plans to increase water storage sufficient to provide emergency water for a period of at least three days.
City of East Palo Alto: This recommendation has not yet been implemented but will be implemented by the deadline of March 31, 2023.
The average daily water usage is 1.5 million gallons per day or 4.6 million gallons over three days.
On October 4, 2022, the City Council adopted a resolution approving and adopting the 2022 Water System Master Plan. As part of the plan, the City identified two water storage projects, the “Pad D” tank at the corner of E. Bayshore Road and Clarke Avenue and a second storage tank at 375 Donohoe Street. The two planned storage tanks have a combined capacity of 1.65 MG.
The “Pad D” water storage tank has been constructed by a developer and will be conveyed to the City in the future. The City is also working with the developers of the Ravenswood Business to construct and/or fund additional water storage facilities.
The City will develop a single plan to increase water storage sufficient to provide emergency water for a period of at least three days.
R4. The Grand Jury recommends that, by March 2023, the water provider develop plans to increase the emergency fuel storage sufficient to provide to provide emergency fuel for a period of at least three days.
City of East Palo Alto: Not applicable. Refer to City’s response to Finding F4.
Fiscal Impact
There is no fiscal impact associated with this action.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available on the City’s website.
Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.
Attachments
A. Resolution Grand Jury Response Letter - Water
B. Grand Jury Response Letter - Water