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HomeMy WebLinkAbout02-05-1997 City Council agenda-Supplemental1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 This transcript was prepared as a guide to the location of information on the videotape of the meeting made by KSAR. The videotape is available to the public at the Saratoga Library. 10 Minute Recess Gillian Moran I'd like to call the meeting back to order. The next item on our agenda is a report from Dr. Rhea Williamson on Saratoga Creek coliform investigation. And I was hoping I could turn to our Public Works Director, Larry Perlin, and ask you to set the stage a little bit for this and to introduce Dr. Williamson so that she can give us a report. And then we have an opportunity to ask you questions from counsel and an opportunity for the public to ask questions of you. Larry Perlin Certainly. Madame Mayor and members of the Council, I am pleased tonight to introduce to you again, and to the members of the public who might be watching for the first time, Dr. Rhea Williamson. Dr. Williamson is an associate professor in the Department of Civil Engineering and Applied Mechanics at San Jose State University and Dr. Williamson, is, I think a recognized expert in the field of water quality and water chemistry and some of these environmental sciences. Approximately a year ago, almost to the day, the City Council authorized and approved an agreement with Dr. Williamson to look into some of the environmental characteristics of Saratoga Creek, water quality issues and to prepare a report that addressed certain questions that the City had about conditions relating to the Creek and over the course of the past year Dr. Williamson and some of her graduate students have been working on that. Her final report was provided to the City Council, I believe, in December, and she has been scheduled to essentially provide a presentation on her report and summarize her findings to the City Council and to the members of the public this evening. So, Dr. Williamson, if you'd like to proceed with the presentation.... Dr. Williamson: Great, thank you for having me here, I really appreciate the time. I've actually prepared a few overheads so if that works I'd like to just start off with those. As a part of the Saratoga Creek study, I was asked to review the existing data for Saratoga Creek, identify contaminants and sources, analyze the impact of dry weather storm drain flows, review coliform levels and water T 1 Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 2 of 21 34 bodies, review health based coliform levels and then prepare this report. And what I've done is to 35 prepare a few slides that basically summarize the results of each of these tasks. 36 37 In reviewing the existing data, a database was -generated that covered, it's about a 26 page 38 long appendix in the document that looked at coliform levels throughout the San Francisco Bay 39 Area, and basically the total and fecal coliform levels that are monitored and being measured in 40 Saratoga Creek are, fall within the ranges of those that are being monitored and measured in a 41 wide variety of creeks and storm drains and channels throughout the San Francisco Bay Area. It 42 includes San Francisco County, Alameda County, there are some sampling stations throughout 43 San Jose, Santa Cruz. In addition we've had numerous conversations with persons with 44 Environmental Health and Safety, Department of Health Services and others, that are responsible 45 for creeks within their districts that also indicate that the levels that they monitor in creeks within 46 their regions and districts are similar to the ranges that are being measured in Saratoga Creek. So 47 the data indicate that total and fecal coliforms, during wet weather flows are not unusual relative 48 to other creeks, other storm drains located in the San Francisco Bay Area. Now I can add to that 49 that what we did with our database was to try to focus on urban creeks located within the Bay 50 Area so that we could eliminate any differences in climate, differences in slopes of the land, 51 difference types of land uses - we focused on urban creeks. But, I've recently completed three 52 sanitary surveys that are required by the surface water treatment rule in national parks. Two of 53 the surveys were in Yosemite National Park, one was in Lassen Volcanic National Park. In all of 54 - excuse me, I should back up. The two parts in Yosemite, we measured total coliform levels 55 that were in excess of federal, limits and federal levels for a water contact sport, or water contact 56 beneficial use. Sometimes we had coliform levels exceeding 240,000 mpn per 100 /mis, which is 57 a way of assessing a coliform density. So there are examples of very, what we would consider 58 very pristine areas that have elevated coliform levels. 59 60 In terms of identifying potential contaminants in the sources, we looked at a wide variety 61 of potential sources. We used the EPA guidelines which are provided in the document and in 62 general, most of the sources in the Saratoga Creek watershed are associated, we believe with 63 residential uses and urban runoff. Now, the urban runoff can include a wide variety of 64 contaminant sources, The listing in this overhead is inclusive of what could be, not necessarily 65 what is, in Saratoga. For, specific to Saratoga Creek the second bullet, in looking at land use 66 trends we feel that the sources are likely attributed to storm water, containing, during wet 67 weather events, sanitary source overflows, and urban runoff for wet weather inputs. This is not 68 uncommon. We don't have data to support that there were ever overflows, it's just that this is 69 something that is, can occur nationwide. 70 71 The urban runoff can include a wide variety of sources, domestic animals, wildlife, 72 putrescible vegetation, so if there's grease that is being collected in the storm drains which we 73 observed in some of our site reconnaissance, material that from lawns, lawn trimmings, and what 74 not, that end up in the creek, and there have been incidences documented in the report, 75 historically, that indicate that this has been a problem in the past, you can see elevations of 76 coliforms in the Creek. A wide variety of potential sources, and this is what makes it a real 77 problem for regulation. This is why, in many of the monitorings throughout San Francisco Bay, 78 the Regional Water Quality Control Board project managers basically don't consider, as a routine 79 monitoring, the inclusion of total and fecal coliform numbers because there is no one point 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 3 of 21 source. It comes from a wide variety of sources so it makes it extremely difficult to pin point where the problem lies. I know I myself have seen many many times where people were walking their dogs, they pick up the waste that their dog leaves, like a good citizen, but the minute they get to the curb, they throw it into the storm drain. It's in a little bag, but it's still in the storm drain. So there's an enormous problem here in terms of trying to pinpoint a source when you have multiple sources. In :terms of dry:,weather flows, there is extremely limited _data available in dry weather flows within Saratoga creek There wer�e;two;potnt sources identified. This was to the outfall but;those sources wereNactualy monitoredrand wept not found _to contain 'coliforms. There are flows to the storm drain that are coliform free which means that those flows could transport deposited material into the storm drain but ends up in the storm drain just during when people water their yards or wash their cars. What ends up in the storm drain as a result of poor restaurant management, those sorts of materials could be flushed with these dry weather flows into and out of the storm drain and into the Creek. But there really aren't data available throughout our histoncal data; ttv.iew and;throughout the review of other storm drains in the area that really con'tai h ;dray weather i1b data. l(t's very luruted: sot`§ hard: to make ,the comparison In terms of the health -based levels, we had a, the ... Methods for the Analysis of Water and Waste Water and I brought the document here because it provides a lot of base line information about what is allowable in a designated beach area. The EPA has published guidelines, the Regional Water Quality Control Board for the state of California has guidelines, the Department of Health Service. But basically, if you look at the storm water pollution prevention plans, which are routinely called SWPS, throughout the state, these were required a few years ago by, for monitoring run off from a number of different types of sites including bus depots and industrial complexes and communities. The monitoring does not include fecal and total coliform, because again of this problem with a point source versus a non -point source. Santa Clara +bounty Publiciealthepaitrlent,doesn't :track occurrerices of illnesses f rom water contact' in the :reek.'There aren't anyistattstics available for any associated illnesses. It's basically for Santa Clara Ualley� creeks. aze. not c4nstdered bathing ;waters so they're not monitored on a routine basis. Part of the problem is, that if you do get, let's say, as an example, an incidence where some people get sick and they were playing in the Creek or working in the Creek three days ago, there's no way to know that whether or not they got sick as a result of playing in the Creek or eating or being in the market place or eating raw vegetables that hadn't been properly washed or if they were back packing and camping and were out in the back country, or in any sort of recreational activity that brought them into contact and drank any untreated water, there's no way to know what the source was. Some of these illnesses take two weeks, three weeks or more before a person actually gets sick, so basically, they are not monitoring for coliform, the a is��som`e ndication though; that ; merdences ;of water borne illnesses are extremely vlow to 4i adxtstent. We were able to find data for both Santa Cruz and Santa Clara County regarding illnesses associated with water contact. 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 4 of 21 indicator organisms..,., mean you have ' a pd pathogens =present 7 present the ndicator s pathogen; is .present. -: Gillian Moran rd, .,,count. in a creek doesn't organisms and not have is- that if 'the pathogen is ie indicator is present, the )u don't necessarily have 3m present. Dr. Williamson, excuse me, could you review for us what a pathogen is? Dr. Williamson Yes, I'm sorry, a pathogen is an organism that will make one sick. Gillian Moran OK, even if, so could you restate your sentence about that relationship ?) Dr. Williamson Indicator organisms are used as a means of, they're organisms that are generally non- pathogenic and if they are present, if there's a pathogen present, the indicator organism will also be present, ok ? ... if there's a pathogen present you're going to find that indicator organism also. But that doesn't mean that every time you find an indicator organism, that the pathogen will also be there. Paul Jacobs So is the fecal coliform the indicator but it's not necessarily a pathogen? Is that what you're saying Dr. Williamson That's right, the fecal coliform is an indicator, not a pathogen. Now there are different types, we get into speciation we get into all types of organisms like a -coli, echericiacoli, or the various types of organisms that might come to mind are ' Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 5of21 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 associated with meat that hasn't been properly cooked. Those are different types of organisms than this. There is indication that Saratoga Creek does exceed the criteria set by the Regional Water Quality Control Board on occasion, but again there is no evidence: of associated illness. Let me also make the point that urban creeks throughout the San Francisco Bay region, throughout the United States, exceed these guidelines, these criteria. The EPA, the United States Environmental Protection Agency, has a program called the National Urban Run -off Program that was established to try to address these types of problems and they have determined that urban run -off can have coliform levels that are similar to levels in treated waste water and even in the range of untreated waste water, just from urban runoff, not having waste water entering the creek, because this water is actually flowing over the land, picking up material, picking up animal droppings, both wildlife and domestic, and transporting it into the waterway and the organisms can grow in this vegetation that is deposited in the creeks. There was a study done, I'm not sure how much time I have here, do I have very much, any limit? PaulJacobs Keep going. Gillian Moran Dr. Williamson OK, thank you. As a part of and in response to the USPCA's national urban runoff program a number of studies were funded that looked at sources of coliform levels, sources of coliform excuse me, a variety of different types of locations; residential, commercial and industrial, and that's what this slide is showing you. Now this is for an area in Wisconsin, two different communities its, during June and July, there wasn't a lot of runoff associated with this time period and the data, what the data are showing you is that you have considerable amount of fecal coliforms, the units are colony forming units per 100 /ml, in storm water from outfalls, or storm drains, coming off of a variety of different types of streets, you can see feeder streets and collector streets. We're looking at ten's of thousands of coliform forming units per 100 /mis of water, and that you can see at the bottom that this storm sewer outfalls of about 175,000, in these two places in Wisconsin. They even have coliform levels that are in excess of levels for water a Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 6 of 21 215 recreation coming off of roofs. So if you collect water coming off your drain spouts, that would 216 be in excess. Lawns were a major issue. Run -off of lawns and out of drive ways, again, in 217 residential areas having somewhat elevated levels of fecal coliforms. Were provided some data 218 for, specific to Alameda County and Santa Clara County, in the document that showed geometric 219 means of coliforms for fecal and total between a two year period, between 1989 and 1991 and for 220 both total and fecal coliforms, the highest mean was associated with a mixed urban use. Again, 221 for total coliforms that was 9,665, which is a very high number, and 2,082 for fecal coliforms, so 222 far greater than the levels that one would expect if we had a swimming water, or a swimming 223 area. 224 225 Excuse me. The other, I keep mentioning some of these criteria, so I should probably 226 show you that the criteria, the objectives for coliform bacteria set by the Regional Water Quality 227 Control Board 1995, showed that for water contact recreation which covers wading, swimming, 228 boating, skiing, any variety of sports or activities where you're actually touching the water. The 229 median level of total coliforms has to be less than 240 If you lao at the data sR�ec�c to 230 Saratoga Creek, far aboeYSaratoga SpTings,where you're `+excin�g these..oum>bers even 231 way gp:Jwfl is relat�v�ly u�npa±cted area. Again, natural causes, wildlife and whatnot.' Fecal 232 coliforms have a log mean of less than 200 as a requirement. These are the numbers that you can 233 use to compare numbers in the Creek with and see if you're within the allowable levels. 234 235 1 wanted to go back because the question came up about making sure that you understand 236 the issue about an indicator organism versus the pathogen. And let me just reiterate so that you 237 are clear on this that when you use an indicator organism which is used to help you assess 238 whether or not you may have a pathogen present. The indicator organism should be present 239 when the pathogen is present. It should be absent, ideally, when the pathogen is absent. OK? 240 Now I made the point earlier that with fecal coliforms and total coliforms, the fact that they are 241 present doesn't mean that you have a pathogen and that's because, traditionally, we have used 242 total and fecal coliforms across the board as indicator organisms. The most recent edition of 243 Standard Methods for Examination of Water and Waste Water, this is the 19th edition. This is, 244 all of the EPA criteria are based on this document. Basically, if you don't use the techniques in 245 this document, your data won't stand up in court, have made significant revisions in terms of the 246 methods to be used for fecal and total coliforms which include eriating ;a ratio hat was 247 standrdly used called the1FS ratto,h wlitoh was used Ito YeeX�yhether or not the waste 248 was 'associated with 4h ;being :or caw or.a dubk i t c ,we have - e hose ratios 249 and said "oh, we'Ye $boye flits number, it must,e human Waste or -it must>be some other:" 250 This; is <now dossed out, specifically; in the document Tt also- recommends that colifottns not be 251 used for swimming and watbr-contact areas that;another specie, another entirely different group 252 of organisms be used - theeriter ci ,fact that they are better;able'to 253 survive in the condttions'xnv'cli sWmgi�g occurs So there's, that throws another problem in 254 using this type of information to determine effect: `Theaht.t,yuhave theseoltfortsxesn't 255 necessarily; gains in�ac;tek'og±tt presets 256 257 There's been a move, recently, to monitor a whole new suite of pathogens and surface 258 waters because of the possibility of people getting sick from drinking the water and that's the 259 organisms that you are probably familiar with from the standard news like giardia and 260 cryptosporidium. We've had outbreaks of cryptosporidium, which is a pathogen, in tap water, in Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 7 of 21 261 a variety of cities in the Unites States. Now this is tap water that comes from a water treatment 262 plant. Las Vegas had an outbreak, Milwaukee had an outbreak, and so, you know, the point Ian 263 getting at is that there are organisms that are out there that can make people sick no matter how 264 well treated the water is. OK? 265 266 I think maybe if I could take a few minutes to answer questions that you may have, I think 267 that I've covered the main points of the report in that in summary, the coliform, the total and fecal 268 coliform data, for Saratoga Creek, are typical of creeks throughout the area. There's no 269 indication of any kind of a health related, series of incidences in terms of people becoming ill, 270 that there's not even a requirement or there's not any current monitoring by Department of Health 271 Services for coliforms in the creeks, all because of the difficulty in applying the data, interpreting 272 the data, and having the data really be useful for that particular purpose. Other questions? 273 274 275 Paul Jacobs 276 277 I have a couple questions... 278 279 280 Gillian Moran 281 282 Council Member Jacobs would like to ask a couple questions first. 283 284 285 Paul Jacobs 286 287 I had heard that there was a recent Cal -Trans study done , of Cal -Trans highways and 288 facilities. Are you familiar with such a study? 289 290 291 Dr. Williamson 292 293 I don't know how recent, I have looked at some Cal Trans studies, but not recently.... 294 295 296 Paul Jacobs 297 298 The thing that I had heard was that Cal -Trans had done a study of wherever their 299 roadways were, and determined that fecal coliform levels were high everywhere that they had a 300 facility. Is that consistent with what you're familiar with or... 301 302 303 Dr. Williamson 304 Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 8 of 21 305 Again, I can't say about what is happening on Cal -Trans facilities, but I can say that for 306 the storm drains that we have found data for, within the local area, the concentrations, or excuse 307 me, the numbers are elevated. I don't know if you want specific numbers, but often times we 're 308 looking at numbers for storm drains that are 160,000 -fecal coliforms - this is mpn per 100 mis, 309 16,000... 310 311 312 Paul Jacobs 313 314 How do those compare with Saratoga Creek? I mean, is that - you know. Where does 315 Saratoga Creek fit? 316 317 318 Dr. Williamson 319 320 Saratoga Creek ... it depends on where you're looking and it depends again on whether 321 you're looking at a wet weather flow, a dry weather flow. The data in the ... well, to answer your 322 question - there are places, particularly at Saratoga- Sunnyvale Big Basin Way interchange there, 323 at the storm drain, where fecal coliform levels have been fairly elevated on particular specific 324 dates, and one Y y + u caafin ga n and T r ensure,a level of .greater than 16;000 and the next ;day 325 measre,n leveleetsh *standard There's been an extreme amount of variability, you're 326 only taking a sample of about 100 %mis. And if you take it at 3:00 in the morning versus at 5:00 327 or 9:00, the type of waste can, excuse me, not. waste, but the type of water and sample you're 328 collecting can vary. Santa Cruz County was having a problem where they had elevated fecal 329 coliforms and total coliforms in an area. They were trying to figure out what the source was and 330 they started backtracking and going up the Creek collecting samples and they found a dead ... a 331 bear in the Creek and once they removed the bear the problem was resolved. So, I've :b'een in 332 Saraoga±Creek Ymm�%y reconn`aisahce�and,walked overNhorse:manure, I've seen baby diapers in 333 thaVCreek. These types of contaminants will greatly affect your data and it may affect it today 334 and not tomorrow. 335 336 337 Stan Bogosian 338 339 I've got a question to kinda follow up on that issue .... dry weather flows, and you 340 mentioned that there were some fairly highly elevated levels at the outfall of the Saratoga ... in the 341 Saratoga Creek at Big Basin Way and Saratoga - Sunnyvale. Did you consider the issue of the 342 possibility of sags in the drain line at all? That low spots, for example, could accumulate 343 whatever, and that could explain why that's happening. Did you consider that? 344 345 346 Dr. Williamson 347 348 In the storm drain, is what you're talking about? (yes - Stan Bogosian) Yes. We did 349 have some conversations of about there being some sagging and where there would be an 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 9 of 21 accumulation (who S we... you and who? - Stan BOgOSian) Myself and my students, I've had conversations with Larry Perlin (So Larry told you about the sags? - Stan BOgosion) No, he, what I did was reviewed the City document, I reviewed the data specific to the video assessments and there was one report, all of the reports that we reviewed are tabulated in here, there was a report that talked about some sag in one of the storm drains and, my understanding is that that had been resolved, but that might be a better question for Larry , but .... During a dry weather flow, first of all, there aren't data for flow rates. No one has collected what volume of water is coming out of that storm drain per unit of time. So, it's again, something that is really hard to assess when you don't have the numbers to make an assessment with. If the flows are slow, the solids are going to settle. If the flows become faster, during a storm event, the solids are going to flush out. If the material is sitting and decomposing in a sagged area, there can be what's called a transition from the particulate phase - like a particle you can filter - to the soluble phase - where it dissolves. That's basically what we do at a waste water treatment plant. We make this conversion happen. So if you've got a sag area and there's a long residence time, that could happen, and then slow flows could move that out but we didn't do any actual testing or monitoring in, during the extent of this study. We looked at existing data. Paul Jacobs But if we were talking about a low spot that were a source of greater levels of fecal coliform, because, if whatever the waste is, is sitting there and fermenting (that bacteria are growing - Dr. Williamson), I presume an urban creek or a rural creek or a wild creek, has numerous spots where you have eddies and low spots and places where things, including I guess even dead bears can accumulate, ("sure" - Dr. Williamson) so presumably, correct me if Iin wrong, you .indicated ';that `these „eveLsexsted at even gas high up as ;:above Saratoga S rin s... ("Well, what 1 said was... " - Dr. Williamson) are we talking about an area high up in the hills where we have higher levels? 386 Paul Jacobs 387 388 You've indicated actually, if I understood you, that even in some of the National Parks 389 there are high levels? (That's correct- Dr. Williamson) Where we basically have a totally wild 390 stream, or close to (That's correct- Dr. Williamson) so it would seem to me that the only way 391 you could control the level of coliform in these kinds of streams would be perhaps have the 392 Army Corp. of Engineers come in and concrete the whole thing and put up fences - kind of like 393 the California Aqueduct or something. Is that ...? ' Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 10 of 21 394 395 396 Dr. Williamson 397 398 Well, what we do is come up with what are called "best management" practices and the 399 work I do and certainly one of the recommendations we've made to the Park Service is to put 400 "butt bags" on the horses and the mules that go up into carry people out and supplies up into the 401 high Sierra camps, certain cities in the United States have "butt bags" on the animals that run 402 through the forest, excuse me, I mean, the horses and the mules. And if you have grazing areas 403 we make recommendations of buffer strips because a buffer strip is an area adjacent to the creek 404 which you don't construct on and you allow that to act as a filter so that when rain does move 405 material that might be washed out of a graze, out of an area either a grazing field or a stock yard 406 or whatnot, there's some filtration and treatment that occurs. I don't think that I would 407 recommend something like that here but one thing that we did determine is that there are an 408 enormous number of wild animals, raccoons, opossums, and I believe, I don't recall the type of 409 rat, but there's a rat, there are all sorts of organisms and animals that may use those storm drains 410 as passage ways as conduits under the highways and under the freeway, not the freeway, but the 411 roads. There aren't any bars on those storm drains so that the animals do have access. Now 412 certainly some of the storm drains are elevated up above the Creek but they can come in through 413 the various storm inlet and catch basins ... and. 414 415 416 Paul Jacobs 417 418 Even if they didn't go into the drains, if they were in the Creek, their waste would flow 419 into the drains I presume? (Certainly, into the Creek ultimately, yes - Dr. Williamson) 420 421 422 Stan Bogosian 423 424 One clarification, you indicated that there were higher than the standards levels in above 425 Saratoga up in the hills than the standards, the government standard, what was it now, what was 426 that level? (the median is 240 OK? per 100 1mis - Dr. Williamson) ...they were higher 427 than that level but the weren't, just to clarify, the were much in excess of that at that outflow from 428 under Big Basin Way (yes - Dr. Williamson) so we're talking about something that is a 429 quantum lot larger than anything found up above the Village (that's right - Dr. Williamson), 430 just wanted to clarify that. 431 432 433 Dr. Williamson 434 435 That's right, we've found elevated levels of total and fecal coliforms and again, let me 436 make the point, that the data are often collected where the final ... do I have time to go into a little 437 bit about MPN? MPN is a most probable number, it's a statistical analysis. It is statistically 438 derived. So there's a range. So when you see a reported number of around, let's say, let's use an Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 11 of 21 439 example of 300, the table for MPN actually gives a range, and that range - I can jump to it here, 440 and I'm going to use this as an example - could be anywhere from 100 to 580. So there are lower 441 and higher levels, the midpoint, the number that is usually reported is some number that is in 442 between this range, but there's no way you can pinpoint whether it's higher or lower, OK? If you 443 donut do enough serial dilutions when you do the analysis then you're going to get a number like 444 what many of the numbers are for this, for the Saratoga Creek, that show greater than 1600 for 445 example. Well greater than 1600 means that there could be 1601 coliforms or there could be any 446 number higher than that, there's no way to know and there's no way to go back and recollect the 447 sample and analyze it with higher dilutions because it's past time, so there are a lot of 448 discrepancies here in these data. Now the point youre making, I believe, is that the numbers 449 we're monitoring above, outside of the urban area for the Village, are lower than within, 450 absolutely true, it follows right along with what happens in all the urban areas. That's the point 451 that-the. EPA has made is that if you look: at 'levels above and below .an urban area, your levels 452 below are going to b&' considerably eievated, I mean orders of magnitude higher. It's a very well 453 documented.phenomena, it's; associated with the way we use .our <land our cities. 454 455 456 Donald Wolfe 457 458 Dr., if I can ask then, is our Creek, below the Creek then, substantially or significantly 459 higher than other outflow from other urban creeks, that you know of? 460 461 462 Dr. Williamson 463 464 No, it isn't. It's within the range, and soon as you get, in looking at the data we collected 465 for fecal coliform, the highest point is at the outfall and that's water collected, in some situations, 466 actually the water coming out of the drain, so not diluted in the Creek, and then in other 467 situations. it was unclear if that was actually the storm drain water. If _you look at Saratoga 468 Creek just downstream of ` the 'Sunnyvale= Sarkatogw'� Bridge, levels begin to reduce 469 considerably, and then of £coursehen� you get to �Crestbrook' Drive, Saratoga Creek at 470 Crestbrook Drive, the; numbersYare m the san a ra`ge�as�wliat W found up al5ove; Saratoga 471 Springs 472 473 474 Stan Bogosian 475 476 I have a question, I appreciate your explanation of the statistical process here, but getting 477 back to a conclusion that was drawn in the report about animals, how do you know, and forgive 478 me if I'm asking a very simplistic question, how do you know its animals, that go into the storm 479 drains, did you like take videos of animals going in there, did you observe any animals going in 480 there? How do you know that, that's existing in the storm drains? 481 482 483 Dr. Williamson Publicly taievised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 12 of 21 484 485 What we stated was that these are potential reasons for these elevated conditions, we 486 didnl, we used the information available to us. We did call Vector Control. We asked them 487 questions about whether or not they have problems with animals in the storm drain, and if they 488 had numbers. We were able to get, like the number of horses, the number of cats and the number 489 of dogs, but we couldn't get the number of opossums in the area, or the number of deer. We were 490 able to hear, I believe it was at, oh, there a Coyote Creek Riparian Station, I may have that 491 wrong, but I was at a public meeting where that organization gave a presentation and they had 492 flyers out about the skunk problem and the raccoons and so we have that kind of an antidotal 493 source of information, but no, we have no way of actual counting. 494 495 496 Stan Bogosian 497 498 Did you get any videos of these outfalls or anything, I mean were you able to look at 499 photographs or anything to substantiate or otherwise add to this anecdotal information ... I mean, 500 what sorts of things did you consider? 501 502 503 Dr. Williamson 504 505 Well, we actually did a site reconnaissance where we hiked the Creek from up above 506 Saratoga Springs, we actually went up into, there's a little state park up there, I can't remember 507 the name of it, we went through Hakone Gardens, we camedown tliaqugh the area where ;there is 508 a homeloss;.caanp. We went, we looked at all the storm drains that come, that enter into the Creek 509 at 4th St., we walked along the back of all the restaurants, we did take photographs of a number 510 of incidences or things that we observed We observed storm drains that were clogged with 511 grease We ok�served belunc� resaurant�s, al�oitsbofmatertal t could vsery easily end<up in the 512 Cheek during ttte storm, bltl �iny >_` "undertanclir<g as, nthat's, being resolved..tiy a restaurant 513 management plan that .the City has: We then went down into the storm drain itself at the 514 intersection there of Saratoga - Sunnyvale Rd. and Big Basin Way, and then we went all the way 515 down the Creek until we came to the border, the border of the City, and we looked at all the cross 516 streets, where there was an access, to see how the Creek, well to look at it basically, and to look 517 for any problems that were obvious. The main issues from what we could see were within the 518 City proper. Once you got outside of the City and got into the residential areas, you know, there 519 were bike paths, and there were people walking and hiking, and jogging and riding bikes, people 520 walking their dogs, but there weren't storm drains that are clogged with grease and there weren't 521 horse droppings. 522 523 524 Stan Bogosian 525 526 So you saw a pretty gross scene in the Village then, is what you're telling us then? 527 528 Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeffng on February 5, 1997 Page 13 of 21 529 Dr. Williamson 530 531 Well, we walked across some horse manure. 532 533 534 Stan Bogosian 535 536 I mean in terms of the grease and stuff, you saw some pretty gross looking stuff when you 537 where down in the Village. 538 539 540 Dr. Williamson 541 542 Well, we did see a storm drain that was clogged, we did see, again, I wouldn't want to 543 focus on that particular storm drain because I donit think that's the sole source of the problem and 544 what was one point in time, one observation, and were looking data that cover years. (Thank 545 you - Stan Bogosian). 546 547 548 Gillian Moran 549 550 If I might just add to that, because I was on the Council when you were doing this, and I was 551 allowed to tag along on some of this site reconnaissance, I thought we were just looking at the 552 Creek, but I like site reconnaissance better... I thought it was kind of interesting, we started up 553 there, we looked at Sanborn Park and you could see where some of the horse trails would 554 . potentially be pretty close to the Creek, and you could see a trailer park, no RV, camp ground, 555 group camp ground up there, and sort of working our way down the Creek and into the Village 556 area, so that I think that, it gave me a feeling that, in addition to actually doing most of your work 557 I take it, in terms of reviewing data, other data, you also, you and your team had kind of a hands 558 on feeling (that's right - Dr. WilllamSon) of what were talking about, and what the actual 559 problems might of been, so I just wanted that. I also wanted to say, that if there are no immediate 560 questions right now, Jeff Schwartz wanted to speak, and I wanted to get you in on this discussion 561 if you wanted to at this point. 562 563 564 565 Donald Wolfe 566 567 Madame Mayor, before Dr. Schwartz speaks, I know you want to contribute something 568 helpful to the discussion, we all want our Creek clean, as clean as possible. Dr. Williamson has 569 been identified as an expert in applied science and engineering, and I note that you're a Dr. as 570 well, could you tell us what you're area of study is? 571 572 573 Jeff Schwartz Publicly televised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 14 of 21 574 575 ...yes, it's not clean water or biology or anything related to this except - I'm just here as a 576 citizen. I don't know that this is relevant and I don't know that this is usually asked of people 577 who want to speak here, but it isn't a particular secret, my Ph.D. is in experimental psychology 578 with an emphasis on statistics and research design. That isn't my work, my work is primarily 579 consulting, primarily in criminal justice. (Thank you very much for that - Donald 580 Wolfe). Sure. 581 582 Madame Mayor, I would ask you and the Council's indulgence, because of the extent of 583 the presentation, I would like perhaps three or four, not a long time, but perhaps three or four 584 extra minutes, and if I can finish much quicker than that, I'll try to be as brief as I can. 585 586 587 Gillian Moran 588 589 Well that sounds like a threat to me. I'm going to set the clock, let's agree on say, seven 590 minutes. 591 592 593 Jeff Schwartz 594 595 596 Thank you very much. First, I want to say something that is, I know, clear to members of 597 the Council, but I think not at all clear to members of the public who may be watching on TV, or 598 the few people in the audience. Saratoga Creek, as many people will know, has been the subject 599 of controversy, conflict, and in the last several years, litigation. I do not want to do what I think 600 has just been done here, perhaps inadvertently. Let me identify myself clearly, as one of the 601 principals in Friends of Santa Clara County Creeks, which is one of two plaintiffs who have 602 been, for a few years now, in litigation, in Federal court, against the City of Saratoga, over the 603 issue of enforcement of the clean water act and clean water act standards in Saratoga Creek. So, 604 I do not come here as I did earlier in the meeting on the computer issue, carrying no brief on this 605 one - while I'm no attorney - I do have a bias if you will, a point of view, and that needs to be 606 clear to everyone. I think it is patently unfair and misleading to have a presentation of the type 607 that the Council just had without making a similar acknowledgment of the role of Dr. 608 Williamson. Dr. Williamson has been identified, in the litigation, as the City's expert witness. 609 The plaintiffs, Friends of Santa Clara County Creeks and Bay Keeper, represented by Sierra Club 610 Legal Defense Fund, have their own expert witness who has reached remarkably different 611 conclusions. No surprise to ;anyone whos,awatched civil litigation, that experts tend to, once 612 identified and hired, and planned`for use, tend to;have conclusions that tend to su ort`their own � PP 613 side.. I .think that; however, forresidents of the City to watch this presentanon and think ;that this 614 was; a report on cleanliness of the Creek or issues m the Creek from some unbiased source, or 615 that-,,,the Councit <is,..deahng withtariexpert lined solely}to assess :.the Creek atvarms _length, is 616 unfair. So I really want to clarify that in the strongest terms that I can. Let me move now, to, if I 617 can to methodology and the substance of the report you reviewed, and I know I will skip a 618 number of things and I'll try to get, simply, some high points as best as I can put them together. Publicly -_.avised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 15 of 21 619 620 Poetry is often expected to take flight on gossamer wings. Science is not. The report that 621 you have is not a study as it has been called, but more of an essay, if you will. There was no 622 testing done. Plaintiffs, the City of Saratoga, the Water District have tested Saratoga Creek 623 hundreds, literally hundreds of times. There are hundreds of data point from tests in the last 624 several years. Not occasional tests now and then, but very regular testing, much of it done within 625 Federally prescribed protocols, specified under the Clean Water Act. The report did not review 626 the videos, it did not, according to the appendices, have access to the video tape and photos that 627 we, Friends of Santa Clara County Creek and specifically Don Whetstone - have provided and 628 are in the City's possession. 629 630 The report is far more speculation on what may be causing the pollution in the Creek than it is 631 providing any new information whatsoever on the causes of the pollution that this report, and that 632 everyone at this point, acknowledges exists. I think there are a couple areas of agreement, and 633 they're very important. Your hired expert agrees with us that there are federally applicable 634 standards and that those standards are for contact recreation water. That has been something the 635 City has taken issue with for a few years, in an ongoing debate between myself, Don Whetstone 636 and the City Manager in our weekly newspaper. Your expert agrees with us - there are standards 637 - and they apply. 638 639 A couple of the common misunderstandings, that are continuing: - there is this "bears do 640 it in the woods ", or "bears die in the woods ", or "bears die in the creek" - you can go on with that 641 if you wish, explanation for what's happening. The simple fact is: 642 643 One, we are talking about dry weather flows and dry weather situations - not wet weather. 644 The wet weather conditions may be very bad, but we've looked at them very little. We're talking 645 about dry weather flows. That restricts, very much, what we look at. Most of this (Williamson's) 646 report deals with wet weather explanations, runoff, things of that sort. I have personally gone 647 above Saratoga .Creek Village area up to the upper reaches of the Creek where the two main 648 tributaries come together and sampled, and then taken the samples to a lab and gotten the results. 649 On several occasions when tested, and these tests all having been made available to the City, you 650 get numbers MPN, which your consultant has explained in the range there of 13, 27 (it sounds, I 651 know I know like a bingo game). You do not get numbers that even approach the federal 652 standards. When you come down into the Village, then you begin to get the numbers we have 653 seen, and they're not occasionally as Dr. Williamson presented. One day you might get a number 654 like 16,000, one day you may get a number like 160,000, the next day you may not - it may be 655 greater than 40,000, it may be 37,000, it may be 1700 -but we're talking about magnitudes of 100 656 times more than federal limits, which are acknowledged now, finally. 657 658 The second, if this first was a "bears do it in the woods ", you know we have not gotten 659 BART to go around the Bay, but evidently one of the likely explanations that is being suggested 660 is that we now have the world's largest underground metro system for raccoons - it's unlikely. 661 Everything is possible because we donit know, but it's unlikely. There are lots of animals, 662 perhaps more, in the upper reaches of the Creek. Animals, if they were in the lower reaches in 663 the Village, you still would not get their droppings into the Creek except from wet weather runoff 664 - not dry weather flow. The whole approach is wrong here. Publicly iaievised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 16 of 21 665 A second explanation is the Creek is no worse than any other creek. There is very poor evidence 666 to support that. I am not going to go into some of the specifics in the report, because, it's a long 667 meeting, you've had a long evening, and I would like to take issue with a few of the major, what I 668 regard as serious errors. One thing, if I can, to answer a few questions that you asked, all towards 669 the same point. There's a lot of discussion between the Council and the consultant about 670 indicators - look, enterococci are not indicators - they are pathogens. As Dr. Williamson 671 suggested, they're being looked to more and more. Enterococci results, in the Creek (from data, 672 by the way, evidently that she was not made aware of or didnit review), - data collected over the 673 last year by UCAP, supervised by the Santa Clara Valley Water District. That data shows 2/3's, 674 3/4's of the time - the enterococci results, in Saratoga Creek, are far in excess of the federal 675 standards. Those are not indicators, those organisms are pathogens. So, the situation is not 676 substantially, as this report would present it. 677 678 And if you look, one other thing that I think is very seriously misleading for the Council, the last 679 sentence of the second paragraph of the executive summary says "data for the fecal and strepto 680 ratios indicates that the origin of the fecal coliform and fecal streptococci are of non -human 681 sources ". Much of the report then goes on to speculate about the human sources of this problem. 682 Then later it is acknowledged that those ratios are misleading and not given wide - spread 683 credibility. But I defy you to find, in the report, any new information, any testing, a single test or 684 analysis of variance, any inferential statistics. Sorry to stop there, I'd like to go on and I know 685 you'd probably rather that quit, so I will. Thank you. I will be glad to answer questions if 686 anybody has any for me that don't get into what I would think would be ongoing litigation issues 687 which I know which are out of bounds for both sides. 688 689 690 Gillian Moran 691 692 Well, I appreciate your comments and I hope you've had a chance to cover the main 693 points that you, the main concerns that you have about the study. 694 695 696 Jeff Schwartz 697 698 I have, and I do appreciate the extra time, thank you. 699 700 701 Paul Jacobs 702 703 I don't know if Dr. Williamson has any response to any of these comments, but I believe, 704 and if I'm wrong, I would ask Dr. Williamson to correct me, I don't believe there's ever been an 705 acknowledgment by Dr. Williamson or anyone else from the City, that federal recreational water 706 standards apply to the Creek. I know this has been something that has been said repeatedly by 707 the Plaintiffs, but I, I'm not asking this question of you Jeff, I understand your position - you have 708 said that those standards apply to urban creeks, and I'm not aware that that standard applies - you Publicly 1U16VISed presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 17 of 21 709 can use that standard if you choose, but I'm not, I don't believe that the City has ever, that there is 710 any statements that say that in fact those standards do apply. 711 712 713 Rick Jarvis 714 715 Speaking as, this is Rick Jarvis, I am the Attorney representing the City in the litigation. 716 The standards in the Basin plan do legally apply to all the Creeks in the area. 717 718 Paul Jacobs 719 720 ...and are those Federal recreational water standards? 721 .722 723 Rick Jarvis 724 725 They are,....the recreational water standards are set by the Regional Board, which are 726 based upon the Federal standards. I think the problem that we have is that any knowledgeable 727 expert will agree, that those standards are simply not realistic for urban creeks and that really it 728 has been an error in the past for those standards to have been applied to those creeks, but 729 technically, they have applied to the Creeks, they are the standards that have been set by the 730 regulatory agencies for the Creeks, and I think, at least off the record, most of the regulatory 731 agencies would acknowledge at this stage that they are not realistic, but... 732 733 734 Gillian Moran 735 736 Thanks Mr. Jarvis for clarifying that. I think that what we're trying to do is get Dr. 737 Williamson home when she needs to be home so I'd like to concentrate on the questions that we 738 might have of her concerning her report. 739 740 741 Donald Wolfe: 742 743 And if I may, too, I have a couple of other comments too, but the comment was made about 744 serious error and I think that the remark was indicative of something. If we are not reaching the 745 Federal Standards, I made a note here, I think the Federal Standards should me modified to 746 reflect reality. 747 748 749 Gillian Moran 750 751 All right. Are there any questions of Dr. Williamson? 752 753 Donald Wolfe: I Publicly ,- ,evised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 18 of 21 754 755 Dr., I was able to share with you a map and some photographs from, as I did with the 756 Council, of a scene in the City of San Luis Obispo, an urban creek that runs through it, San Luis 757 Obispo is a city about the size of ours, about 43,000; it has a creek called the San Luis Obispo 758 Creek, that emanates from hillsides above the City. It runs under a major highway, Rt. 101, 759 down through paths restaurants and other churches and what have you, in the heart of town, and 760 the photographs that I took, my wife and I were vacationing there less than a year ago and were 761 enthralled by this lovely scene and there's children, wading in these creeks, some of them, they 762 look like my grandchildren, two and three years old without any clothes on, and they're very cute, 763 but just dozens as you're seen in this photograph. So I was wondering how our creek can be 764 different from that creek? I took, in order to help answer that same question, I took the time to 765 call San Luis Obispo Public Works Department as late as 4:00 this afternoon and talked to a 766 Dave Pierce who's a coordinator with the water division there and he said, I said, "how about 767 your colifonm ?" and he said, "sure, we got it, it starts up in cattle country (the creek does)" and I 768 says "are those kids in danger ?" Have those kids that are in those pictures "been carted off in 769 ambulances or something as yet ? ", and he says, and he chuckled of course. I took the liberty here 770 a couple of months ago and called the, Chris Rummel who is a, with the a, staff person in our 771 district sanitarian and he identified himself as, and he said again in Santa Clara County, identified 772 our creek as a regular, normal North American type Californian creek and had no particular 773 problems greater than any other creek. He was a little reluctant to say more because he said this 774 whole issue is really political but, particularly are the San Luis Obispo Creek which seems to be 775 highly used, do you think those people are in danger and that our creek is different? 776 777 778 Dr. Williamson: 779 780 Well, actually looking at data, it's difficult to make any kind of a statement about whether 781 or not somebody's in danger, but (I understand - Donald Wolfe) based on what I've been 782 given during the break, I would be willing to state that I would expect that the water quality data 783 for this creek would be similar to Saratoga Creek, to Guadeloupe, to Coyote Creek, to San 784 Leandro Creek, to many of the creeks. 785 786 787 Donald Wolfe: 788 789 I'm like Dr.Schwartz, I'm certainly not an expert in this area so I have to go to experts. 790 791 792 Dr. Williamson: 793 794 If I can also add that if you collect water samples below where you see all these lovely 795 children playing, you're probably going to have extremely elevated coliform counts, which is 796 what we found in Yosemite, below the swimming pool areas, the total and fecal coliform counts 797 were elevated when you had lots of kids in them, another problem that we have. 798 L Publicly itH@VISed presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 19 of 21 799 800 Gillian Moran: 801 802 OK thanks a lot. Are there any other questions or comments? 803 804 805 Jim Shaw: 806 807 I had one and it's probably very unfair because I have a personal speculation, and that's all 808 it is, concerning the Village, and I notice that what's been said this evening, it appears that in the 809 Village area, is where we're seeing the highest incidence of indicator organisms (that's correct 810 - Dr. Williamson) and I put that together with the fact that the Village, of course, has been 811 around for a long time and when it was settled it was, obviously a great number of septic 812 systems, and I noticed from the report that you make a statement there's a limited number of 813 septic systems in the City and that's based on the information which the City provided you, based 814 on the survey they did :(1 belie��ehr pare nine" ots that are on' eptic, If I recall an Dr: 815 Wilic -I ]')s011), there's some, and again here is where I'm going off into speculation, there's some 816 speculation that perhaps in City there are a number of septic systems which havenit been 817 identified or picked up by the City and I guess I'm trying to ask you again to guess, if that were 818 the case, could that be a possible source of the high incidence of indicator organisms that we're 819 getting in the Creek? 820 821 822 Dr. Williamson: 823 824 It would really, if the septic systems are being used still? So you're thinking that there 825 may be septic (or a combination of maybe old systems - Jim Shaw). There are old 826 systems in places that I've worked in where they pump them out every year when they go off line 827 - and those don't have an impact. If a septic system, a septic system has two components. 828 There's a system tank and then there's generally a leach field that where you have the treatment 829 actually, most of the treatment actually occurring. If the system fills with waste and is then for 830 some reason, maybe there's a ground water, the ground water may be rising during wet weather 831 conditions and in some cases tanks have actually popped up, out of ground, sure. Certainly there 832 could be a source. I didn't come across any documents related to this, I don't really have a lot of 833 information about it. 834 835 836 Jim Shaw: 837 838 Yea, it's sheer speculation. I know the City made an effort to identify 839 840 841 Larry Perlin: 842 �i • Publicly -- ,evised presentation by Dr. Rhea Williamson at the Saratoga City Council Meeting on February 5, 1997 Page 20 of 21 843 I think it's important to recognize that the City is not responsible for the regulation of 844 septic systems in the City. That is not an activity that the City regulates. Septic systems in 845 Saratoga and throughout the County are regulated by the County's Department of Environmental 846 Health. Likewise, the sewer systems in Saratoga are not owned or operated by the City of 847 Saratoga. We have the benefit of two separate sanitation districts that operate in Saratoga, so 848 when you, one of the difficulties in dealing with this whole issue, is that we look to potential 849 sources that might emanate from waste water or sanitary sewers, the City really doesn't control 850 any of it, we don't have the records, we have to rely on other agencies to carry out their 851 responsibilities. 852 853 854 Paul Jacobs: 855 856 However, at this point, so far as I know, in the time that the City has been investigating 857 this, and presumably the plaintiffs, Friends of Saratoga Creeks have been investigating this, no 858 one has actually turned up concrete evidence of any septic tanks that are leaking? Is that correct? 859 860 861 Larry Perlin: 862 863 That's correct. A couple years ago we did request the County Environmental Health 864 Department to survey the properties that were known to have septic systems. We also did some 865 cross - referencing with building permit records and records of sewer connection permits by West 866 Valley Sanitation District which is the sanitation district that controls most of the area around 867 Saratoga Village and from that there was a list of properties identified that were either known to 868 have septic tanks or potential candidates for septic tanks. I believe if I remember, there was 869 something like 15 or 18 properties that were identified in the area of the Village and in each one 870 of those properties was checked by the Department of Environmental Health. They did go out 871 and asses the condition of the septic system on the property and I believe that in all cases they 872 reported back to us that the systems were functioning adequately. 873 874 875 Stan Bogosian: 876 877 I have a question to follow up on Jim's question for Dr. Williamson dealing with the issue 878 of, to follow up on the septic thing, did the City staff talk with you at any point when you were 879 preparing this about the existence of springs in around the Village, you know, intermittent 880 springs that start up and then stop, was that issue ever raised, or did you study that in any way. 881 882 883 Dr. Williamson: 884 885 When we did the site reconnaissance we went behind, adjacent, I think it was between 4th 886 and 3rd St. there's an area where there is ground water actually coming up, and there's a hill, 887 there's a mound and there are a couple of homes that apparently have problems with their A It 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 Publicly . _.avised presentation by Dr. Rhea Willian. —in at the Saratoga City Council Meeting on February 5, 1997 Page 21 of 21 basements flooding, and that water is pumped out and disposed of in the storm drain. We actually looked at some data specific to that water. Stan Bogosian: You didn't get any maps, receive any maps, or anything, pinpointing where these springs are then? Dr. Williamson: No we did not, not that I recall. We didn't collect any water quality sampling either, on any of these sites. We relied, again, on historical data, that wasn't within the task for the project. (Thank you - Stan Bogosian) Gillian Moran: Can we just clarify that, that was not your intention to collect (it was never our intention - Dr. Williamson), it was never your intention, but rather the focus was on analysis of samples that had been collected. Dr. Williamson: Gillian Moran: Thank you, are there other questions or comments at this time? If not, then I would like to thank you very much, Dr. Williamson for your help in preparing the report and for your patience in answering all of our questions and explaining your findings to us. Dr. Williamson: Thank you very much, I appreciate it. (End of transcript) Williamson Final Report and Presentation to Council ISSUES THAT SHOULD BE EXAMINED The 920 MPN data (above Saratoga Springs) is false and is the sole basis of one key conclusion in Williamson's report and is one half of the basis for another key conclusion. 2. "And then of course when you get to Crestbrook Drive, Saratoga Creek at Crestbrook Drive, the numbers are in the same range as what we found up above Saratoga Springs." (Council meeting transcript, lines 375 -383). "and then when you get to Crestbrdok Drive... the numbers are in the same range as what we found up above Saratoga Springs." (Council meeting transcript, lines 467- 471.) False conclusion. No such data. Numbers at Crestbrook Drive do not begin to decrease to the levels found above Saratoga Springs. 3. "Data for the FC /FS ratio indicate that the origin ... are of non -human sources." (Final Report; Executive Summary; page 1; Council meeting transcript, lines 246- 250.) That conclusion is based on a ratio that is no longer used or accepted 4. "The apparent incidence of water borne illness related to surface water contact in Santa Clara and Santa Cruz counties is low to non - existent." (Final report, Executive Summary, page 3.) There is no data or other evidence to support that conclusion. 5. "There is extremely limited data available in dry weather flows within Saratoga Creek." (Council meeting transcript, page 3.) "In summary, there are very few data available that would help in identifying the sources and /or causes of total and fecal coliform numbers during dry flow conditions in storm drain lines, including the outfall at Saratoga - Sunnyvale Road." (Final report, page 12.) False statements. There is far more dry weather data available for Saratoga Creek than runoff and /or rainy season data. Her report focuses on storm water runoff, when the issue here is and has been dry weather flows. 6. "Direct deposits of wildlife and domestic animal feces may be responsible for elevated dry weather numbers." (Final report; Executive Summary, page 2.) No data or other evidence to support this conclusion. To the contrary, over the last four years many individuals have been in the creek to collect samples or for observations, without a single report of animal feces deposited directly in the creek. 7. "But one thing, that we did determine is that there are an enormous number of wild animals, raccoons, opossums, ..." (Council meeting transcript, lines 407- 408.) "We have no way of actual counting (animal populations)." (Council meeting transcript, lines 492 -493.) "Santa Clara County Vector Control does not have a record of any wildlife nuisances in this area." (Final report, page 8.) Only --!ssues That Should Be Exam. May 6, 1997 information cited indicates no exceptional numbers of animals. There are ways to count., including scientifically well established protocols. 8. "There were two point sources identified. This was to the outfall..." (Council meeting transcript, lines 87 -89.) Not true. More than two such sources identified. 9. "There is indication that Saratoga Creek does exceed the criteria set by the Regional Water Quality Control Board on occasion." (Council meeting transcript, lines 173 -177.) There are places, particularly at Saratoga - Sunnyvale Big Basin Way interchange there, at the storm drain, where fecal coliform levels have been fairly elevated on particular specific dates, and on one day you could go in and measure a level of greater than 16,000 and the next day measure a level that meets the standard." (Council meeting transcript, lines 322 -325.) Grossly misleading. The available data demonstrate these RWQCB and federal standards have been exceeded almost all the time. (For ex., at Crestbrook Drive, 59 of the 63 samples collected by UCAP through 1215196 exceeded those federal limits). That is not- "occasionally ", or "one day this, one day that" 10. "What we did with our database was to try to focus on urban creeks located within the Bay Area so that we could eliminate any differences in climate, differences in slopes of the land, different types of land uses - we focused on urban creeks." (Council meeting transcript, lines 49 -51.) Bay Area creeks differ dramatically in climate, slope, etc. (Santa Cruz creeks vs. Contra Costa creeks, for ex.). 11. "There is a limited number of septic systems located within the City of Saratoga." (Final report; Executive Summary, page 1; Council meeting transcript, lines 814- 815.) The number of septic systems within Saratoga is unknown. 12. "I've been in Saratoga Creek in my reconnaissance and walked over horse manure, I've seen baby diapers in that creek." (Council meeting transcript, lines 331 -333.) Final report provides detailed description of other findings during reconnaissance (e.g. restaurants), but there is no indication of these observations presented. 13. Dr. Williamson did not review available data and information concerning the known sags in the storm sewer lines, and she did not review and is not familiar with the videotapes and photographs that are in the City's files on this matter. She additionally did not familiarize herself with the situation with regard to septic systems within the City of Saratoga. 14. The only significant independent observation in the report was the finding that the situation behind the Big Basin restaurants continues to exhibit grease in storm drains, overflowing dumpster areas, unsecured tallow and other waste containers, etc. This important observation, confirming that this long standing creek pollution problem remains unabated, was omitted from both the summary and the conclusions of the final report in favor of a contradictory conclusion that the consultant's client was doing an effective and .good faith effort to prevent such situations. 2