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We appreciate it very much. These facilities do have a Wi-Fi available for those who have electronic devices in the room would appreciate it if you would put your cell phones, laptops and tablets into solid mode in difference to the proceedings.

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For those of you who wish to speak to the board, please fill out the speaker slips, which can be found in the lobby prior to entering the council chambers.

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And if you find that, please fill it out, mark the number of the agenda item that you want to address so that when we get to that, we can call upon you to come to the podium.

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If you're anticipating speaking to the board, I would suggest that you read the notes on the printed agenda for the meeting so that you may be properly prepared.

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Members, we have one time item today at one o'clock, which is a public hearing for the

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Myers enforcement order, which the board, I think, is familiar with by this time.

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I would propose trying to complete all the items on the agenda with the closed session

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at the end of the morning.

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Then we would conduct the closed session during the lunch period, and then finally we would

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conduct the timed enforcement hearing as the last item for the day at one or one

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thirty close to one o'clock that we can get back from our closed session.

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If that is acceptable to the board, I think we'll establish that as a goal for today.

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I do believe we have a very interesting agenda this morning so let's proceed it's always an

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interesting day when you have an enforcement hearing regarding the items themselves vice

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president and secretary Jane Dolan under item three will be presenting the minutes of December

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20th regular board meeting I believe those items all four items are in order and are ready

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adoption, they will be adopted with one single vote unless someone wants to, from the public

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or on the board, remove it from consent calendar for discussion.

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The consent calendar, I

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say, has four items in and we'll proceed with one vote. Next under item seven,

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Ryan Larson,

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the chief of the flood protection and navigation section of the core will be discussing the new

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levee safety draft guidance that was just released for public review this week and kicks off

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a 60-day public review period hopefully Ryan will be able to give us some insight about this new

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guidance and how it compares to or doesn't compare to our OMRR resolution that the board adopted a

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months ago. That'll be an interesting presentation. Then under Item 8, Jeremy Erich, Chief

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of the Division of Flood Management, has his monthly report for the Department of Water

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Reef Forces. He will make the first presentation under Item 8A. Then under Item 8B, Mary

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Hemman is from DWR, will provide an update on the Board's workshop regarding climate, change

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the challenges and solutions analyzed in the 2017 update of the flood plan and what we're looking

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forward to and their approach to that subject, how they're one or approach it for the 2022

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flood plan update. And that's been a subject that the board has been invested in for some time.

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Also under item 8C, Darren Sue and of the Board staff and others from DWR will be giving us an update on the public scoping process for the Delta convenience project as well as the rundown on the initial study and the negative proposed mitigated negative declaration for soils and investigations for the data collection in the Delta.

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And finally, under I'm a D. Dave Wilden from DWR, we'll give us an update on the state

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federal rehabilitation work from the 2017 and 2019 storm events.

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This item was postponed from last month, and Dave will be presenting that this morning.

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Then after item eight, I'd like to proceed to item 11 board items, and we have three

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for consideration, one is 11A is the timed item which will be discussed.

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We're going to talk about this as in the past board meetings on, we've had briefings on that, but we're asking

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being asked today to consider the approval of the permit to construct that seven mile levy setback project along the north bank of the Sacramento

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bypass in the east bank of the yellow bypass.

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Greg Harvey and Kyle Bickler from LIDWR will report for the board.

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Finally, under 11 C. Greg Harvey of our staff and Paul Brunner of three

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rumors, we'll be asking for our approval of permit number 1943 to construct approximately

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a 2.6 mile levy extension starting at the upstream terminus of the

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U.B. River, South Levy. This project was discussed by the board, informally at our meeting

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last month. Then under items 12, 13, and 14, we have our usual executive officers

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report, including the informational staff reports for the Board's review, and then we also have

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their normal board comments, committee updates, and calendar. Then after these items, I'd

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to go back to item nine, which is our closed session conducted during the lunch hour, and then

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as close to one o'clock after lunch, we'll proceed to the time hearing as the last item

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for the day.

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So this should be an interesting meeting.

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So under item one, let's leave you of any announcements you'd like to make.

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Thank you, Mr. President.

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Good morning, everyone.

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Just a couple of things.

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First of all, I wanted to note our new board member on the

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dias, Brian Johnson is joining us for our first regular board

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meeting. So welcome.

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Also just to note and give

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regrets from Catherine Freeman, who normally joins us on behalf

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of Eduardo Garcia and the Assembly. She is on a speaking

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engagement in Southern California on behalf of

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Mr. Garcia and is unable to join us today. So she sends her

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threats for that. I would just also note both with happiness and with a little bit of unhappiness

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that we have promoted Wendy Valdez to a SSA, which is a staff service as Analyst. She's

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going to be working in the new safe construction. So we are going to be losing her excellent

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help here at the board meetings and I'm not sure what we're going to do without her, but we're

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very happy she's still with us. She's this is a great promotional opportunity for her, so congratulations

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to Wendy.

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And just he didn't want me to note this, but I would just note that it also was Gito's birthday

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yesterday, so happy birthday. Thank you for spending your day with us here. Those are all my

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announcements.

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Okay, thank you. Members, let's see,

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we're on the roll call. This is item two. Ryan, would you

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Please call the roll to turn we have a quorum and we can talk to others board member Johnson

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Board member Ramirez

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Board member Valines

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Board member country men for a member McDonald vice president. Oh, I'm

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President Edgar we're all here full board today, so we're obviously can

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Conduct our business members were on item three the minutes of our December 20th meeting

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regular business meeting for everyone's information. This is an action item.

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Mr. Dolan, our board vice president, Secretary has this item.

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Jane, please pause your question.

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Thank you.

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I got my schedule all sorted out so now it went out with the agenda packet instead of two days after that.

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So for our new board member, I've been to remind the rest of you.

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I've reviewed these and I believe they are in order,

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But I pause to see if anyone has a question or a correction or comment.

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I see none. So I move a approval of the minutes of December 20th, 2019.

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Do I have the second to this question?

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Okay, moved by Dolan seconded by McDonald's, the minutes of our December 20th meeting, be approved.

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Any members of the public want to comment on the minutes?

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Thank you. Bring it back to the board. All in favor?

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minutes for December 20th.

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Oh, thank you. When they're right, be hard to approve the minutes.

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Okay, minutes were approved with Mr. Johnson abstaining because he had

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Okay,

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there may be you were appointed, but you didn't, yeah, I think that's right, yeah, whatever. Okay, we're on item 4,

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Leslie, you want to review the agenda and clear up any items that I may have missed?

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Yes, thank you, Mr. President. I just have one item of note on item 5D, or consent item, your staff report,

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acknowledge that there was no core letter received, but we do have the core letter and

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Gary Lemon has copies of that for anybody who would like to see it. There were it's your

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typical core letter with no additional conditions. Okay thank you. Okay members we are on item five

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are consent calendar for today, today's meeting and as I said earlier, unless someone on the board

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or in the public wants to remove one of these items, we will approve items 5A through 5D with

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a single motion and a second followed by a single vote. And obviously this will be an action item.

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Are there, I won't read the items, you have the agenda items, we're talking about 5A through

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5D, is there any, what's the pleasure of the board?

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Okay, move by, countrymen second by,

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is there any member of the public, want to talk about

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any items on the consent calendar, this is items 5A through 5D.

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Okay, bring it back to the board, all in favor?

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Okay, unanimous vote for items 5, 8, 2, 5, b.

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Our on item 6, which is the item for public comments, not on the agenda.

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Is there anyone in the audience who wants to address the board?

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No, there's Melinda.

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Good morning.

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I'll leave it here because I'm going to talk another minute.

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Okay, great.

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We'll take care of that.

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Thank you, Melinda.

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Melinda Terry, who's the-

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Since we have a new board member, I'll formally introduce myself, my name is Melinda Terry.

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I'm the executive director of the California Central Valley Flood Control Association.

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And I'm going to try and attend mentally and bring something up at each meeting.

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So I just have one item today for you to consider for hopefully a future agenda item,

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and maybe an informal discussion before there's a permit before you.

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But as you know, there was the EIR for the notching of the Fremont weird.

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I have an operable gate.

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It has to do with the compliant with biological opinions, creating a salmon habitat for the

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Tracy pumps that are part of the state water project and the Central Valley project.

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And one of the things we'd like you to consider talking about in the future is one thing that

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very unclear in the EAR is whose facility is this going to be? Currently, the weir is officially

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part of the state plan of flood control. It's the facilities that the courts part of the

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bypass system that goes with the levees to help the efficient evacuation of flood waters.

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But once the notch is in, it does have an operable gate. I'm assuming DWR will operate that.

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I'm also assuming the operator does part of the state water project.

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But again, the EIR really was I'm clear about that.

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So it really would be nice since this really is the major workhorse for our system to understand

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a little bit more of who's who as that project moves forward.

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And I will leave it at that.

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Thank you.

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Yeah, I didn't know there was a question on that.

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Do you have been following that I have?

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Well, I hadn't thought through this idea, who's going to pay for the maintenance and operation of the gate I guess I guess Melinda's right then. Okay

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We'll do that. Thank you, Melinda

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Any other items or public any other items you received brand or Ryan you

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See if any other slips. Okay

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Okay, we're on item 7. This is the

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Court's release of the draft Levy guidance document for the public review and comment, and we heard

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an introduction of this item at the Courtney and Community on Wednesday, but Ryan indicated

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to the group there that he would be presenting at least what he knows about this new guidance

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at our board meeting today. He's kind of reading along and learning about it as we are because

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he wasn't real.

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Involved in the preparation of the document itself. So I'll just let Ryan speak. Good morning, sir.

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Good morning, President Anchor. And members of the Board, my name is Ryan Larson, the Army Corps of Engineers,

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I'm the Chief of the Levies in Channel's Branch, in our operations division, and also one of the levies he took program managers.

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So I'm coming to you with information about a draft, levies safety, engineer circular, which is a document that's been published by the agency,

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We're not in the federal register earlier this week, and we want to make sure that our sponsors are aware of this document and get adequate chance to take a look at it and review it and provide comments.

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So with that, I'll jump into the intent of the levee safety program. Just read this here and make sure that everyone's clear what we're doing.

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We understand monitor and manage flood risk associated with levees over time and to adapt

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activities and actions based on the dynamic nature of flood risk.

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And so that's a state of intensive of the levees safety program and then this document

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gets into how we're going to do that or the approaches for that.

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This document lays out risk-informed decision-making as one of those approaches.

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So, we're looking at the water, the hazard, the performance of the levy systems, and then also

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the consequences, land, or of those levy.

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And all those things, a couple together, a great risk, and then so we're looking at all

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those factors in risk informed decision making.

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We want to make sure that we've got transparent engagement with the public and with our

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We understand the key role that sponsors play and operating maintaining those

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levees.

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And then there's also showing a connection between the core of engineers and

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FEMA on information related to levees.

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So I'm going to break down the document itself when you sit down and

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crack this open for the first time.

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You understand a little bit of what you're looking at.

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Okay, so this is one document and we're really talking to two

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of an audience with this circular.

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One being sponsors, local maintaining agencies,

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people doing the workout in the field.

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And then it's also a policy document

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to speak to core engineers employees

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and how we do our business.

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And it's broken down into four volumes.

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So when you think of volumes, I think of an encyclopedia

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on the shelf that's 30 volumes long, but this document's only 125 pages in total, so it's

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not going to break you back or keep you up late hours reading all of this.

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On the 25 pages with those four different volumes, the upfront matter is definitions key

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terms, volume two is speaking to sponsors, sponsors roles and responsibilities in the

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The core policy, speaking to core employees, and then the fourth one is speaking to everybody about who else uses this information.

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So I'm going to break down each one of these different volumes a little bit closer.

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First one being those purposes of levy safety purposes of this document and some of those key terms and definitions.

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Second one, speaking to sponsors.

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So if you want to focus your efforts on what this document is trying to do and speaking to sponsors, look at volume two.

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But these are what we think the sponsors responsibilities are in the

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levy safety program.

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It's organized around the concept of prepare, respond, recover and mitigate.

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Typically use those terms in a disaster response or the disaster response model.

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But you respond to a disaster.

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You cover from the disaster.

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And afterwards you look at it and say, what sort of things can we do to mitigate?

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for the next, next thing Mother Nature throws in us, but that's how this chapter of

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excuse me, volume is organized.

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Okay, very busy slide. This is the one that speaks to

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the core of engineers staff, but I'm, I'm, I'm, I'm, I'm all this to say, there's,

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there's different chapters within this volume. The ones highlighted in dark blue or

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the ones I'm going to talk to on the next slide, that I think have, have, the boards

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interest, or should have the board's interest.

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So those areas are program oversight,

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levee inspections and site visits, risk assessments,

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and then tracking levee risk.

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So in that first category of program management.

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The policy requires the district to come up with a 10-year outlook, a program management plan of the 10-year outlook.

217
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So what levees are we going to be looking at within the next 10 years? What's our schedule?

218
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So that, so that you as the sponsor could know at any given time, you know, which ones are next?

219
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Which ones are coming next year and the year after that?

220
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Next, the type of any inspections area, you know, one thing, one thing of difference here is that,

221
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There's no longer routine and periodic inspections.

222
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There's just inspections, formal inspections with a requirement to do those inspections once

223
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every five years.

224
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In the previous policy is in documents, there were routine inspections that the court district

225
00:20:51,020 --> 00:20:58,640
was to do every year, that in this district is challenging with our resources and our amount

226
00:20:58,640 --> 00:21:03,800
funding that we get, and we lean heavily upon, upon Department of Water Resources and the

227
00:21:03,800 --> 00:21:05,800
work that they do, I mean, there's in their inspections.

228
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But in this document, there's, there are formal inspections conducted once every five years

229
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and then special inspections.

230
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And those are, as needed, if something happens, and you call us, and you say, hey, there's

231
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a problem out there, we can go out and take a look at that, and that would be called a special

232
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inspection, and we would document what we saw, or if there was, you know, some sort of flood

233
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or another event that cost a change, we could go out and take a look at that and we would be calling that a special inspection.

234
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Another item of interest is that there would be no system and segment ratings associated with a levy inspection.

235
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So we would not come out and say levy system x is unacceptable or levy system y is unacceptable or minimally acceptable or acceptable.

236
00:21:56,880 --> 00:22:02,520
We're still going to be doing inspections, and rating those individual categories of maybe

237
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encroachments or erosion or sea victims stability, and we'll be rating those individual

238
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items, but we won't have an overall rating for the levy system.

239
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And so that ties a little bit to the last bullet there, the last item, so I'm going to

240
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see if I can address the questions before you ask them.

241
00:22:29,630 --> 00:22:33,630
And then, so back to inspections here for staying with inspections for a second, there's a

242
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10 day requirement for a 10 day notification of an upcoming inspection.

243
00:22:37,150 --> 00:22:44,710
I would say we do that already with board staff, notifying you at least 10 to 10 business

244
00:22:44,710 --> 00:22:46,070
days before an upcoming inspection.

245
00:22:47,410 --> 00:22:51,710
Assessments, risk assessments will be conducted once every 10 years, and there's a requirement

246
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to notify sponsors at least 30 days in advance

247
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of an upcoming risk assessment.

248
00:22:58,350 --> 00:23:00,670
And then, this last item on the screen here,

249
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this ties to the chapter of tracking levy risk

250
00:23:05,230 --> 00:23:08,470
is this concept of a levy risk management summary.

251
00:23:10,210 --> 00:23:12,810
So as we do levy inspections, we learn more

252
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about the levy system.

253
00:23:14,090 --> 00:23:18,470
As we do a risk assessment, we learn even more about the levy system.

254
00:23:18,470 --> 00:23:21,690
And we learned what are the, what are the,

255
00:23:21,690 --> 00:23:23,990
what are called the risk drivers for a levee system?

256
00:23:24,770 --> 00:23:26,410
Is it, you know, what are the,

257
00:23:26,790 --> 00:23:29,190
what are the things driving the risk for a particular levee system?

258
00:23:30,710 --> 00:23:33,490
And so ideally, the next time we've got to do a levee inspection,

259
00:23:33,870 --> 00:23:35,690
we're focused on the risk drivers

260
00:23:37,070 --> 00:23:40,030
when we've got inspect and say, you know,

261
00:23:40,510 --> 00:23:44,490
hey, the risk drivers for this levee system are

262
00:23:44,490 --> 00:23:45,250
sea-bitch and piping.

263
00:23:46,210 --> 00:23:51,550
And as we go out and do our next inspection, we're going to be looking at, primarily,

264
00:23:52,810 --> 00:23:58,350
seepage in piping and sponsor, what have you done in your maintenance actions to improve

265
00:23:58,350 --> 00:24:00,830
the conditions of seepage in piping through this lovey system?

266
00:24:01,930 --> 00:24:08,510
And so this lovey risk management summary is trying to document the issue,

267
00:24:11,180 --> 00:24:11,800
and then promote

268
00:24:11,800 --> 00:24:16,400
a dialogue between us, the core of engineers and the sponsors and the look of maintaining

269
00:24:16,400 --> 00:24:20,540
agencies to say, you know, what are these drivers for this

270
00:24:20,540 --> 00:24:23,680
level of the system? What are the actions that you're taking to improve the conditions of those drivers?

271
00:24:24,340 --> 00:24:30,920
And then we capture that in that level of risk management summary. So what I think this policy is trying to get at is that

272
00:24:30,920 --> 00:24:34,060
rather than saying the level of the system is unacceptable or minimally acceptable,

273
00:24:35,160 --> 00:24:39,400
the sponsor is aware of the risk drivers and they are taking actions to reduce risk

274
00:24:39,960 --> 00:24:43,460
associated with those risk drivers in this level of the system that will pause there.

275
00:24:44,930 --> 00:24:51,990
I've partially reviewed this document, so I don't want to claim I know all about it.

276
00:24:52,350 --> 00:24:59,930
There's a big emphasis on the definition of risk, which is consequences and probability of...

277
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Failure, probability of a problem. I didn't hear that in what you just said. In other words, if we got a rural area,

278
00:25:09,600 --> 00:25:15,580
you may have a very low risk. But you seem to be emphasizing what have you done about

279
00:25:15,580 --> 00:25:22,980
sea beach, or what have you done about a whatever. How are you reconciling those two ideas here?

280
00:25:22,980 --> 00:25:32,000
Every levy system has risk, every levy system is going to have risk drivers for that area,

281
00:25:32,160 --> 00:25:34,080
for that levy system, what is driving the risk.

282
00:25:35,260 --> 00:25:41,120
And so what is being done, and then what is, so then the conversation turns to what is being done about that risk for that levy system.

283
00:25:42,120 --> 00:25:49,160
For that rural area, for that rural area, they should still be concerned about the risk drivers,

284
00:25:49,160 --> 00:25:53,520
whether they're high risk or low risk they should still be a rural area should still be

285
00:25:53,520 --> 00:25:56,160
concerned about the risk drivers and should still be thinking about the risk

286
00:25:56,160 --> 00:25:59,680
drivers and taking actions to reduce the risks associated with their love

287
00:25:59,680 --> 00:25:59,980
system.

288
00:26:00,240 --> 00:26:06,760
But you're not ranking in other words, in any kind of ranking, you're going to find it was

289
00:26:06,760 --> 00:26:10,100
based on risk and the need to take actions.

290
00:26:10,840 --> 00:26:15,600
Say, you're going to find the rural areas have a very low risk because the

291
00:26:15,600 --> 00:26:19,120
consequences are so low compared to an urban area, for instance.

292
00:26:19,640 --> 00:26:25,540
So there's not an idea here of ranking risk and saying we got to take the most risky

293
00:26:25,540 --> 00:26:27,940
actions first or water.

294
00:26:29,560 --> 00:26:35,440
Not big large-scale programmatically, you know, for, for, for, for levy sponsors and local

295
00:26:35,440 --> 00:26:36,140
maintaining agencies.

296
00:26:36,240 --> 00:26:39,760
We want local maintaining agencies to look at their, at their levy system in their

297
00:26:39,760 --> 00:26:44,620
world and, and take actions to reduce the risks in their, in their, in their system,

298
00:26:44,620 --> 00:26:47,520
So I'm not comparing system Y.

299
00:26:48,800 --> 00:26:51,900
There are, I would say, the risk assessments

300
00:26:51,900 --> 00:26:55,960
allow the core of engineers to look nationwide

301
00:26:56,980 --> 00:27:01,340
and spread their money where there are the greatest risks

302
00:27:02,720 --> 00:27:04,080
and so the conversation.

303
00:27:04,300 --> 00:27:06,420
I'm doing on, I'm sorry.

304
00:27:07,060 --> 00:27:09,680
You're now you've lost me a little bit here.

305
00:27:09,860 --> 00:27:13,220
Okay, the core, this is about operation and maintenance, isn't it?

306
00:27:13,220 --> 00:27:16,440
This is about the levy safety program, the whole program.

307
00:27:16,440 --> 00:27:18,000
This is about the levy safety program.

308
00:27:19,620 --> 00:27:21,860
So that levy safety, the operations,

309
00:27:22,060 --> 00:27:25,660
maintenance is a piece of that, of that,

310
00:27:26,640 --> 00:27:29,360
looking at risks associated with performance of a levy system.

311
00:27:29,500 --> 00:27:32,340
Those are operations, maintenance is a piece of that risk.

312
00:27:32,900 --> 00:27:35,620
But the right effect of recovery, you're saying,

313
00:27:36,120 --> 00:27:41,580
that if there's damage in it, I say, well, because there's low risk here,

314
00:27:41,580 --> 00:27:45,200
that wouldn't get the allocation, the allocation would go to the high risk.

315
00:27:45,400 --> 00:27:47,520
That could happen. That could happen.

316
00:27:48,680 --> 00:27:53,720
If I went back, I'm just going to go back a couple of slides here to show you.

317
00:28:01,470 --> 00:28:03,930
Sorry, it's not, I thought it was on here, it's not on here.

318
00:28:05,250 --> 00:28:09,330
But risk could be a tool for the Corps of Engineers to prioritize limited resources

319
00:28:10,650 --> 00:28:14,230
and spend the money where the risks are the greatest.

320
00:28:15,530 --> 00:28:21,130
That is possible, and this document does lay that out or set that up.

321
00:28:22,190 --> 00:28:24,250
That's a big one for us.

322
00:28:28,060 --> 00:28:33,540
So just stopping here on a love U.S. management summaries are that's something new.

323
00:28:34,640 --> 00:28:41,200
But it's something, hopefully, to guide core of engineers and inspectors on what to look for.

324
00:28:41,200 --> 00:28:48,160
during the next levy inspection, but it also would guide sponsor actions on the ground with

325
00:28:48,160 --> 00:28:51,960
associated with their levy system. What are the things that they can do to reduce the risks

326
00:28:51,960 --> 00:28:53,920
associated with their particular levy system?

327
00:28:54,680 --> 00:29:04,000
Okay. Ryan, we spent a lot of time on the resolution, kind of trying to get an understanding

328
00:29:04,000 --> 00:29:10,300
of what the criteria is for OMRRR. Is there anything in this guidance that is

329
00:29:11,200 --> 00:29:15,120
would affect the criteria or definitions that we worked on for.

330
00:29:15,620 --> 00:29:20,560
I do not believe so, and I'll cite my basis for my comment.

331
00:29:21,460 --> 00:29:25,120
It's on its volume two, levy sponsor activities.

332
00:29:25,700 --> 00:29:28,880
At the bottom of page one, there's a sentence that says,

333
00:29:29,120 --> 00:29:33,020
nothing in this document modifies or takes the place of the responsibilities

334
00:29:33,020 --> 00:29:36,340
of levy sponsors identified in 33 CFR,

335
00:29:36,340 --> 00:29:40,200
to wait 10 or project partnership agreements.

336
00:29:41,780 --> 00:29:48,340
Okay. Okay. 33 code of federal regulations to wait 10 is the document that is the basis for our operations and maintenance manuals.

337
00:29:49,260 --> 00:29:51,440
Right. And then there's also project partnership agreements.

338
00:29:52,100 --> 00:29:59,780
But there's calling out, you know, that statement basically saying nothing in this, in this levy safety policy document changes.

339
00:30:00,300 --> 00:30:04,320
Anything in our operations, maintenance manuals, or a project-pernish micromancer.

340
00:30:05,020 --> 00:30:12,940
For what you're saying, it sounds to me like we're talking more of a change in process and review and oversight,

341
00:30:13,160 --> 00:30:20,140
rather than basic definitions and criteria used out in the field.

342
00:30:21,360 --> 00:30:25,780
I feel like we're taking things to the next step.

343
00:30:25,780 --> 00:30:32,000
We might have been just focused on, you know, with our blinders on looking at the levy and doing it levy inspections, right?

344
00:30:32,580 --> 00:30:37,990
But here we're now we're broadening our view and looking more more at everything that's going on out there.

345
00:30:39,360 --> 00:30:41,780
And, and then,

346
00:30:42,520 --> 00:30:48,010
you know, acknowledging that there are actions that that sponsors and maintaining agencies can take to.

347
00:30:50,000 --> 00:30:54,260
There are, there are actions that they can take and get more bang for their buck.

348
00:30:55,580 --> 00:31:00,820
You know, if you looked at the inspection checklist, you could say, well, gosh, there's 15 items on here.

349
00:31:00,960 --> 00:31:03,160
I got to go do all 15 of these things.

350
00:31:04,920 --> 00:31:07,480
So, a better start at number one and just work my way down the list.

351
00:31:09,040 --> 00:31:15,000
We're trying to get to, you know, okay, what are the best things to go look at today?

352
00:31:15,180 --> 00:31:16,900
And work on with my levy system today.

353
00:31:17,000 --> 00:31:19,760
What's going to give me the most bank for my buck? What's going to drive my risk down?

354
00:31:21,320 --> 00:31:23,200
And, you know, I've got limited resources.

355
00:31:23,660 --> 00:31:28,540
What are the best, what are the best four things I could go do today, and what's my justification

356
00:31:28,540 --> 00:31:39,820
for going and doing those, those, those things yeah yeah yeah I think Tim was on the cube

357
00:31:39,820 --> 00:31:45,660
where I get to, that's okay I was waiting patiently I was waiting until you finished but now

358
00:31:45,660 --> 00:31:50,640
I can't myself sorry you guys do we're gonna ask questions right I'm probably have several

359
00:31:50,640 --> 00:31:52,260
but I'm gonna try to ask an overarching one

360
00:31:52,260 --> 00:31:53,640
and you can fill in the blanks.

361
00:31:54,860 --> 00:31:57,380
How does this devtail with the inspections

362
00:31:57,380 --> 00:31:59,260
and the assessments and the ratings

363
00:31:59,260 --> 00:32:00,800
for the PLA-49 program?

364
00:32:02,950 --> 00:32:05,670
The inspections that we do are the basis

365
00:32:05,670 --> 00:32:08,590
for making our PLA-499 determinations.

366
00:32:10,630 --> 00:32:12,050
But now we're doing them less frequently.

367
00:32:15,870 --> 00:32:19,450
We would be, this policy would get us closer

368
00:32:19,450 --> 00:32:22,810
to what we currently do here in this district.

369
00:32:22,810 --> 00:32:30,170
Okay. On almost once in 10 years cycle.

370
00:32:32,230 --> 00:32:39,490
And that just works out with the amount of funding and resources that our district gets to inspect the levies that we have.

371
00:32:40,510 --> 00:32:46,770
So fundamentally, I think we said is nothing really changes. All that stays. It's the same.

372
00:32:46,770 --> 00:32:54,150
would try to just figure out how would be codified, I guess, and what you guys have in writing

373
00:32:54,150 --> 00:32:55,130
as guidance that's provided.

374
00:32:55,310 --> 00:32:59,430
That program is intact and it carries forward.

375
00:33:00,570 --> 00:33:06,950
The Dismarination Strupulity 49 will continue to be made, and there's the right now.

376
00:33:07,070 --> 00:33:13,130
There's an interim guidance on making PULI-499 decisions and determinations, and that policy

377
00:33:13,130 --> 00:33:20,390
still stands, and we would, this would just be the policy that we would use for how frequently

378
00:33:20,390 --> 00:33:24,690
we would go out and do inspections, the determinations that are made with those inspections

379
00:33:24,690 --> 00:33:27,630
would be back to that interim guidance for the billy for any of that.

380
00:33:27,770 --> 00:33:31,330
And those inspections are done the same way, where there are same inspections.

381
00:33:32,370 --> 00:33:33,290
Same as what you just mentioned.

382
00:33:33,430 --> 00:33:37,210
Because I thought you said that there was something else about them, you weren't going

383
00:33:37,210 --> 00:33:39,210
to be checking the boxes like you had before.

384
00:33:39,210 --> 00:33:41,130
We weren't going to be a sign.

385
00:33:41,390 --> 00:33:42,470
We're still going to do the inspection.

386
00:33:42,810 --> 00:33:46,350
We're still going to look at the same things, right?

387
00:33:47,910 --> 00:33:50,330
We just will not come to the end and say,

388
00:33:50,990 --> 00:33:52,790
this levy system is unacceptable.

389
00:33:55,890 --> 00:33:58,810
We will come to the end of the inspection, and we will say,

390
00:33:59,370 --> 00:34:01,630
look at looking at the levy risk management summary.

391
00:34:02,010 --> 00:34:05,390
We'll say, this levy system has deficiencies in the areas

392
00:34:05,390 --> 00:34:10,810
of erosion, encroachments, and running.

393
00:34:13,550 --> 00:34:17,530
And the levees sponsor needs to work on those items, needs to work on those deficiencies.

394
00:34:18,350 --> 00:34:21,630
I can see here from the levee risk management summary in the conversation with the sponsor.

395
00:34:22,050 --> 00:34:25,290
They've been working on encroachment issues and erosion.

396
00:34:25,510 --> 00:34:28,150
They really haven't had time and resources to work on the running.

397
00:34:29,430 --> 00:34:32,510
But the risk drivers indicate that they're on the right track.

398
00:34:32,510 --> 00:34:36,590
They were working on, they were working on the right things.

399
00:34:38,470 --> 00:34:40,710
Okay, so let me test that for a second.

400
00:34:40,810 --> 00:34:47,530
If there's a system that last year was inspected and determined to be up to SNAP,

401
00:34:47,670 --> 00:34:48,490
I think it was fine.

402
00:34:49,330 --> 00:34:49,650
I'm sorry.

403
00:34:49,930 --> 00:34:52,310
If a system was inspected two years ago,

404
00:34:53,310 --> 00:34:53,950
I think it was fine.

405
00:34:54,830 --> 00:34:58,790
And now you out inspect again in with this new guidance.

406
00:34:58,790 --> 00:34:59,990
Um, it sounds...

407
00:35:00,000 --> 00:35:10,830
It's like there's not going to be a determination made that it's insufficient ever again, potentially.

408
00:35:11,510 --> 00:35:16,490
You're just giving us advice, but you're not going to take it instead of the category of your deficient.

409
00:35:16,830 --> 00:35:21,390
We're still going to make inspections. We're still going to do inspections, right? We're still going to inspect those individual items.

410
00:35:21,910 --> 00:35:26,830
So the item that I think this levee system, the problem that this levee system had was erosion.

411
00:35:28,490 --> 00:35:31,510
And in the last two years there are a erosion problem has developed.

412
00:35:32,670 --> 00:35:35,290
We would document that there is an erosion problem with this levee system.

413
00:35:37,860 --> 00:35:39,360
That will conclude the levee inspection.

414
00:35:40,420 --> 00:35:44,900
We would look at our guidance for determining peolety-formin and analogieability for levee systems.

415
00:35:45,100 --> 00:35:49,860
We would look and is erosion an item that has a bearing on peolety-formin and analogieability.

416
00:35:50,740 --> 00:35:51,440
Yes or no?

417
00:35:51,440 --> 00:35:57,340
in this case yes yes it does right and so we will say okay sponsor here are the

418
00:35:57,340 --> 00:36:01,980
results of your levee system levee inspection there were issues in the category

419
00:36:01,980 --> 00:36:02,780
of erosion.

420
00:36:05,780 --> 00:36:08,980
Now you're able to get the determination guidance for for

421
00:36:08,980 --> 00:36:14,860
purely for name and when there when there is problems with erosion that levee

422
00:36:14,860 --> 00:36:21,100
system will be inactive in the rehabilitation problem. So we just won't get that like

423
00:36:21,100 --> 00:36:23,660
an overall statement that says this levee system is

424
00:36:23,660 --> 00:36:24,400
acceptable or minimum.

425
00:36:24,660 --> 00:36:30,180
We'll still be looking at the individual pieces of the inspection checklist and still

426
00:36:30,180 --> 00:36:32,420
be making PLD-499 determination.

427
00:36:35,920 --> 00:36:38,620
This sounds like it could be beneficial.

428
00:36:39,600 --> 00:36:41,780
Let me just test it here for a second.

429
00:36:43,280 --> 00:36:44,380
Let's take your example.

430
00:36:44,580 --> 00:36:51,460
You found that there's a erosion problem and we have an event and there's a failure due to

431
00:36:51,460 --> 00:36:58,000
Undersea Beach, some place where erosion has not been identified as a problem.

432
00:36:58,940 --> 00:37:07,680
Are you saying, okay, you could get PL-84.99 assistance with that location, because it

433
00:37:07,680 --> 00:37:10,840
wasn't found to be deficit.

434
00:37:11,320 --> 00:37:17,420
Even though the system has a hole, it may have been unacceptable under the old criteria.

435
00:37:17,420 --> 00:37:21,400
where that failure occurred, there was nothing identified,

436
00:37:21,920 --> 00:37:24,560
so therefore you could get PL-84.99.

437
00:37:27,120 --> 00:37:29,840
In this particular scenario that we're describing,

438
00:37:30,320 --> 00:37:32,280
if the levy system had erosion issues,

439
00:37:32,520 --> 00:37:35,520
and was determined to be inactive in the rehabilitation program

440
00:37:35,520 --> 00:37:37,040
because of those erosion issues,

441
00:37:37,620 --> 00:37:39,760
that seatbed site would not be eligible

442
00:37:39,760 --> 00:37:41,120
for PL-84.99 in rehabilitation.

443
00:37:41,940 --> 00:37:41,980
Why?

444
00:37:41,980 --> 00:37:43,620
This policy is not speaking.

445
00:37:43,820 --> 00:37:46,160
It's not changing the district determinations

446
00:37:46,160 --> 00:37:48,080
of PL-84.99 determinations at all.

447
00:37:48,080 --> 00:37:54,880
It's all it is saying is that at the end of an inspection, we will not come out with one single rating for a

448
00:37:54,880 --> 00:37:58,620
Lovey system or a Lovey segment of acceptable minimum acceptable or unacceptable

449
00:37:58,620 --> 00:38:08,760
We will still be making Pility 499 determinations like we are say that and because that doesn't seem to be consistent with with everything else that you're saying

450
00:38:08,760 --> 00:38:14,620
In other words, if the failure is due to something not related to the inspection findings

451
00:38:14,620 --> 00:38:23,100
why then it's not it's not acceptable to get PLA for 99 assistance. We can pull up I can

452
00:38:23,100 --> 00:38:29,920
propose to do a briefing at some other time about about how we make PLA for 99 determinations.

453
00:38:30,600 --> 00:38:35,840
That's not changed by- That's not changing by this policy. So what is this policy changing?

454
00:38:36,260 --> 00:38:41,840
That we are not going to give system or segment ratings for a levies system. So why?

455
00:38:46,360 --> 00:38:48,000
It doesn't change anything.

456
00:38:48,300 --> 00:38:49,920
You're just not going to state it publicly.

457
00:38:50,300 --> 00:38:51,400
We're not going to say that.

458
00:38:51,900 --> 00:38:55,860
Overall, this lovey system has a rating of X.

459
00:38:56,300 --> 00:38:57,720
But you're going to treat it that way.

460
00:38:57,880 --> 00:38:59,160
But we're still going to do inspections.

461
00:38:59,380 --> 00:39:02,800
And we're still going to look at all of the pieces of the inspection checklist.

462
00:39:03,440 --> 00:39:09,040
I'm just telling you that as I am reviewing this policy right now to,

463
00:39:09,820 --> 00:39:16,380
This is what the language is saying is that we will not come out with overall system and segment ratings,

464
00:39:17,140 --> 00:39:20,640
but we will still be doing inspections and looking at individual items.

465
00:39:22,320 --> 00:39:28,480
So, you know, for a long time we've had problems between the state and the core on concerning vegetation.

466
00:39:29,800 --> 00:39:38,100
Does this in any, and part of our, the state view is that the vegetation is a low-risk

467
00:39:38,100 --> 00:39:44,560
item compared to other things, you know, rodent action or whatever.

468
00:39:45,300 --> 00:39:51,500
Does this in any way acknowledge that the state's doing the right thing and doing the taking

469
00:39:51,500 --> 00:39:57,780
care of the riskiest things first and doing the less risky things, you know, later?

470
00:39:57,780 --> 00:39:59,780
This document sets up the conversation.

471
00:40:00,000 --> 00:40:16,580
For looking at risk and doing things in a worse first manner, this document does not speak to the actions of the State of California and it doesn't get into the changes to the inspection checklist or new inspection checklist.

472
00:40:19,620 --> 00:40:30,340
Well, still the bottom line is that these LMAs have to be. There are all of them at target has got to be their operating manuals.

473
00:40:30,340 --> 00:40:37,660
Absolutely, you know, basically is still what they're doing, so nothing is changing here in terms of that.

474
00:40:38,380 --> 00:40:43,900
That's, and that's, that goes along with the statement I read, and I'd like to you that we're not changing the operations of maintenance manuals here.

475
00:40:44,100 --> 00:40:47,440
We're just talking about the level of the safety policy and procedures.

476
00:40:47,900 --> 00:40:48,100
Okay.

477
00:40:49,440 --> 00:40:49,480
Okay.

478
00:40:49,480 --> 00:40:49,980
Please proceed.

479
00:40:50,700 --> 00:40:51,120
All right.

480
00:40:51,620 --> 00:40:59,620
The last volume talks about the shared information and the other groups that can use the information on the level of safety program.

481
00:40:59,620 --> 00:41:08,700
All right, so, you know, what are the next steps and how can you engage, how can be part of this, you know, this public review period?

482
00:41:09,680 --> 00:41:19,620
There is going to be a sponsor engagement session here in Sacramento, one of five throughout the country on March 26th.

483
00:41:20,240 --> 00:41:30,340
from one to four PM, the double tree by Hilton, on 2001 Point Westway, that's fairly close to the El Camino Office for Department of Law and Resources.

484
00:41:30,880 --> 00:41:36,740
Sessions are open to the public, with a target audience of 100 people.

485
00:41:37,520 --> 00:41:41,120
And those 100 people are sponsors, local maintain agencies,

486
00:41:43,160 --> 00:41:48,140
central and local control association, whoever, whoever is interested in this.

487
00:41:48,140 --> 00:41:52,460
This is being publicized across all of our core districts.

488
00:41:52,720 --> 00:42:00,540
So I imagine that it could be some sponsors from the Bay Area that make the track up to try to take part in this session.

489
00:42:03,920 --> 00:42:11,540
There are tickets that you have to get like RCP and sign up who you are to get a ticket to come to the session.

490
00:42:12,100 --> 00:42:17,260
As of this morning there were 89 seats left, 89 tickets left.

491
00:42:17,940 --> 00:42:22,640
I'll get you to the link at the end of the presentation for where you can go to sign up.

492
00:42:23,040 --> 00:42:30,020
I encourage folks to think about their organizations and who are the best folks to be there to engage in this conversation.

493
00:42:32,960 --> 00:42:38,800
So the objectives of the session are to provide the background probably similar to what I provided here during this presentation,

494
00:42:39,400 --> 00:42:45,960
but they will go into greater detail and probably have better answers for you on those things since they wrote the policy.

495
00:42:45,960 --> 00:43:01,420
It will cover the open comment period and how you can submit comments and then just have a chance to engage in to a conversation about about this document and about relationships with the Corps of Engineers and the Legislature Program.

496
00:43:02,700 --> 00:43:06,920
So you can see a basic agenda for what they've got.

497
00:43:07,360 --> 00:43:14,620
What the plan is, you can see some small group discussions on topics of interest over an hour with Q&A at the end.

498
00:43:15,540 --> 00:43:24,400
So I think your question about inspections and the bottom line, you know, be an issue when to bring up to that group.

499
00:43:25,620 --> 00:43:30,260
The outcome or the output of this public comment period is going to be an engineer's circular.

500
00:43:30,720 --> 00:43:35,080
Very similar to how the guidance document that we have for this section for weight program.

501
00:43:35,380 --> 00:43:37,980
It's been an engineering circular since 2014.

502
00:43:37,980 --> 00:43:40,240
Those have a two-year time frame,

503
00:43:42,280 --> 00:43:47,140
so those have an expiration date and they get updated over time based on feedback based on comments.

504
00:43:47,600 --> 00:43:54,040
So at the end, there is a target date for publishing this guidance.

505
00:43:54,240 --> 00:43:55,700
It's a July of this year.

506
00:43:56,520 --> 00:44:03,200
And then with the understanding that it will become an engineer circular, there will be a time to try it on.

507
00:44:03,340 --> 00:44:07,020
See how it works and provide comments while we are implementing that EC.

508
00:44:08,720 --> 00:44:10,060
So with that,

509
00:44:12,520 --> 00:44:17,320
here is the website where you can find information about that public engagement

510
00:44:17,320 --> 00:44:21,240
session, where you can go to sign up and get your ticket.

511
00:44:22,920 --> 00:44:26,160
And then if you're interested in just getting the document, that's probably the easiest

512
00:44:26,160 --> 00:44:26,840
place to go.

513
00:44:27,520 --> 00:44:33,160
If you just Google headquarters, or you say, let me say, this will be the link that comes

514
00:44:33,160 --> 00:44:33,820
up.

515
00:44:33,820 --> 00:44:39,580
If you're interested in actually putting comments in our public submitting comments, that's done

516
00:44:39,580 --> 00:44:43,300
through the federal register and the federal register docket numbers there on the screen.

517
00:44:43,860 --> 00:44:49,980
And then if you just have any general questions about the document, there is a email address

518
00:44:49,980 --> 00:44:54,280
staff at headquarters to answer questions about the policy.

519
00:44:57,320 --> 00:44:57,600
Okay.

520
00:45:02,160 --> 00:45:24,940
Well, thank you. I think you know, Mr. Larson coming to our board meetings that every single one of us in entire staff is interested in this as the state's sponsor of the system. We need to know that. So we wouldn't want to overwhelm your session with just floodboard folks. Is any of is there only one this one session?

521
00:45:25,540 --> 00:45:27,340
There are five sessions nationwide.

522
00:45:27,340 --> 00:45:35,720
nation-wide nation-wide five New Orleans Sacramento Portland Kansas City and Albany New York

523
00:45:35,720 --> 00:45:41,840
Okay, so this is one in California is any part of it like the opening presentation or anything going to be available as broadcast

524
00:45:41,840 --> 00:45:44,040
We could go on with all those

525
00:45:44,900 --> 00:45:49,060
Skype-y kind of things. It is not it's not it's a gonna be present

526
00:45:51,940 --> 00:45:53,320
Too bad go

527
00:45:56,930 --> 00:45:57,490
general

528
00:45:58,750 --> 00:46:01,390
after here and what you've had to say here

529
00:46:01,390 --> 00:46:09,490
I'm just, what do you feel that core headquarters hopes to achieve with what's their goal

530
00:46:09,490 --> 00:46:15,930
as far as this regulation, what are these things that they're going to change, is it just

531
00:46:15,930 --> 00:46:22,910
not as many inspections or what do you think, what are they trying to accomplish with this

532
00:46:22,910 --> 00:46:23,490
regulation?

533
00:46:23,490 --> 00:46:24,310
It's

534
00:46:31,760 --> 00:46:37,520
a layout, the policy and procedures associated with with how the core of engineers and

535
00:46:37,520 --> 00:46:45,280
our levee sponsors can meet the intent of the levee safety program, broadly, acknowledgment

536
00:46:45,280 --> 00:46:52,560
that it's not just operations and maintenance manual and looking at the levee system and documenting

537
00:46:52,560 --> 00:46:59,140
the performance issues with that levee system, but it's looking at at levee risk.

538
00:47:01,080 --> 00:47:08,720
And taking actions, the right actions, the most appropriate actions, to reduce risk of

539
00:47:08,720 --> 00:47:09,620
social development systems.

540
00:47:10,280 --> 00:47:12,480
They feel that's not happening now.

541
00:47:15,480 --> 00:47:19,800
Maybe I don't, I wouldn't say that, I would not say that they don't believe it's happening

542
00:47:19,800 --> 00:47:27,100
now, I would say that there is no policy document that would show how that gets done.

543
00:47:31,100 --> 00:47:41,260
Ryan, is there any reference to a preference for multi-benefit projects or things like in here?

544
00:47:43,580 --> 00:47:46,040
I don't believe so. I'm not sure.

545
00:47:46,760 --> 00:47:47,740
I don't know.

546
00:47:48,220 --> 00:47:52,300
Because that's obviously a priority of the administration.

547
00:47:53,620 --> 00:47:59,780
I think the state and we're all geared toward that.

548
00:47:59,780 --> 00:48:02,940
That would be important.

549
00:48:03,880 --> 00:48:09,680
Lastly, I would ask you to maybe brief the board a little bit on what the staff is doing

550
00:48:09,680 --> 00:48:16,040
to try to meet this 45 day period, or what is it, the public review period?

551
00:48:16,360 --> 00:48:24,640
60 day review period that concludes on April 27th, I believe, based on the published

552
00:48:24,640 --> 00:48:27,400
the document post on the register earlier this week.

553
00:48:28,660 --> 00:48:31,000
And, remember, Dolan, I would,

554
00:48:33,060 --> 00:48:38,860
there was one thing I did not mention that might meet your needs.

555
00:48:39,300 --> 00:48:43,640
There is a, there is a nationwide, there are two,

556
00:48:43,640 --> 00:48:49,960
nationwide webinars on Mark IV to give anybody the public,

557
00:48:51,060 --> 00:48:59,280
The chance to hear from Headquarters on the document, if you couldn't make it to the public session,

558
00:49:00,220 --> 00:49:11,700
those are on March 4th at 8 a.m. local and noon local and the instructions for how to sign into that webinar are also on that Headquarters,

559
00:49:11,700 --> 00:49:12,640
I'd love you safety website.

560
00:49:17,100 --> 00:49:17,580
Hey, Leslie.

561
00:49:18,700 --> 00:49:19,580
Thank you, Mr. President.

562
00:49:19,700 --> 00:49:22,300
Yes, we do have several staff members reviewing this.

563
00:49:22,480 --> 00:49:23,420
We are aware of the deadline.

564
00:49:23,760 --> 00:49:25,400
We've been coordinating with board member,

565
00:49:25,400 --> 00:49:28,560
a countryman, who I believe also has some independent comments

566
00:49:28,560 --> 00:49:31,400
and will be collecting those and submitting them.

567
00:49:31,900 --> 00:49:33,600
I would also ask any board members

568
00:49:33,600 --> 00:49:35,000
who are interested in attending.

569
00:49:35,540 --> 00:49:39,100
Would you please let me know so we can get tickets for you?

570
00:49:39,180 --> 00:49:39,480
OK.

571
00:49:39,660 --> 00:49:40,360
Thank you.

572
00:49:41,100 --> 00:49:57,560
All right, any board member who wants to attend this meeting, let Leslie know, Leslie are the comments on this document going to go through the board before they're submitted, or do you have the time to do that or not?

573
00:49:58,260 --> 00:49:59,360
For information purposes.

574
00:50:00,980 --> 00:50:09,880
Good line. No, that line is April 27. We could bring those to your March meeting if you would like.

575
00:50:10,120 --> 00:50:12,680
Just for your eye information, that might be helpful.

576
00:50:13,320 --> 00:50:15,720
Okay. Ryan, can we make sure we get that on the agenda?

577
00:50:18,340 --> 00:50:20,480
Okay. Any other questions for Ryan?

578
00:50:23,270 --> 00:50:23,470
Joe.

579
00:50:24,990 --> 00:50:25,210
Okay.

580
00:50:26,610 --> 00:50:29,030
Thank you, Ryan. Very much.

581
00:50:33,750 --> 00:50:35,170
Members were on item eight.

582
00:50:38,480 --> 00:50:40,480
Department of Water Resources under.

583
00:50:42,300 --> 00:50:49,000
Item 8A, we have our normal monthly report from the Department, Jeremy Erich, the Chief of

584
00:50:49,000 --> 00:50:53,840
the Division, Flood Management is here, and we'll present the report to the Board.

585
00:50:54,220 --> 00:50:54,640
Good morning, Jeremy.

586
00:50:55,300 --> 00:50:59,640
Good morning, President Edgar, members of the Board, Jeremy Erich, Chief of the Division

587
00:50:59,640 --> 00:51:01,640
of Flood Management for the Department of Water Resources.

588
00:51:03,700 --> 00:51:08,680
First I wanted to welcome Board Member Johnson on behalf of DWR, it was good talking to you

589
00:51:08,680 --> 00:51:12,140
board workshop a couple of weeks ago and we look forward to working with you so let us know

590
00:51:12,140 --> 00:51:19,580
how we can help. A couple of announcements I don't have slides for and I'll go into

591
00:51:19,580 --> 00:51:27,860
just a brief update today. As you may know the fiscal year federal fiscal year 2020 work plan

592
00:51:27,860 --> 00:51:33,640
came out a couple of weeks ago and I just wanted to congratulate the the Samwalking Area

593
00:51:33,640 --> 00:51:38,820
flood control agency on their recent, recent success, the Lower San Joaquin River, California

594
00:51:38,820 --> 00:51:46,680
Project, received one of two nationwide new starts to implement the authorized Lower San Joaquin

595
00:51:46,680 --> 00:51:51,080
River Feasibility Study Project that was worked on for a long period of time.

596
00:51:51,940 --> 00:51:57,420
So congratulations to Sajafka on that, good news, the core through the work plan appropriated

597
00:51:57,420 --> 00:52:00,880
$22.8 million for them to begin that construction.

598
00:52:00,880 --> 00:52:06,660
And so we'll hear more about that in upcoming months.

599
00:52:08,880 --> 00:52:15,300
The second announcement, DWR, board staff, and Sacramento area, Floor Control Agency have

600
00:52:15,300 --> 00:52:19,540
been coordinating on a federal advocacy trip that we're going to next week.

601
00:52:20,680 --> 00:52:27,380
So we'll be traveling Darren soon and myself, Gary Lippner, Laura Hollander, from DWR and

602
00:52:27,380 --> 00:52:30,060
and a couple of folks from Sacramento area

603
00:52:30,060 --> 00:52:35,000
for a control agency will be going to talk about three main issues.

604
00:52:36,420 --> 00:52:41,300
The YOLA bypass partnership program as you're familiar with,

605
00:52:41,740 --> 00:52:45,440
we're going to be talking about the idea of new federal legislation

606
00:52:47,160 --> 00:52:51,160
to bolster the core as ability to work with us

607
00:52:51,160 --> 00:52:55,120
on the YOLA bypass partnership and look at new ways for them

608
00:52:55,120 --> 00:52:58,860
to consider different kinds of benefits in their valuations

609
00:52:58,860 --> 00:53:00,520
as the core as a critical partner,

610
00:53:00,960 --> 00:53:03,840
in all of our projects, the old bypass notwithstanding.

611
00:53:04,240 --> 00:53:09,620
So we want to get them in there at the table with a,

612
00:53:09,620 --> 00:53:12,080
you know, and provide a meaningful role

613
00:53:12,080 --> 00:53:15,760
and help them be successful as we all work toward that effort.

614
00:53:16,740 --> 00:53:20,880
The second item is the federal fiscal year 2021,

615
00:53:21,000 --> 00:53:22,540
federal appropriations requests.

616
00:53:22,540 --> 00:53:31,600
So the President's proposed budget came out, also a couple weeks back, and so there's some requests in there to supplement some of that through the work plan process.

617
00:53:32,760 --> 00:53:38,140
And then finally, a request extension of the 2024 deadline for the use of excess credits.

618
00:53:39,980 --> 00:53:52,260
So more to come, maybe we can report back after that trip, but we look forward to that, to get opportunity for us as a collective state and local partnership to go and advocate together.

619
00:53:59,140 --> 00:54:04,180
So for my other updates today, I'm going to give a quick update on small communities.

620
00:54:05,160 --> 00:54:11,720
I didn't realize when I prepared the presentation that the second item here, the storm damage emergency rehab program update,

621
00:54:12,000 --> 00:54:14,420
is actually a separate agenda item I thought it was part of my update.

622
00:54:14,960 --> 00:54:19,660
So I have one slide on that just to steal a little bit of thunder from Dave Wildin and give you a preview,

623
00:54:20,380 --> 00:54:22,220
but I won't spend too much time on that.

624
00:54:22,260 --> 00:54:24,180
And then Dr. Mike Anderson is here.

625
00:54:24,180 --> 00:54:29,400
these are state climatologists, and so he'll give you our monthly winter time word from our

626
00:54:29,400 --> 00:54:33,280
state climatologist, although it doesn't seem like it's winter right now.

627
00:54:35,320 --> 00:54:40,100
So a quick update on the small communities program, and I think for the benefit of more

628
00:54:40,100 --> 00:54:44,600
member Johnson, if you don't mind, I'll just give like a really quick overview.

629
00:54:44,760 --> 00:54:50,560
We've done a number of updates on this grant program over the past several months, but

630
00:54:50,560 --> 00:54:56,080
In the 2012 and 2017 CentroFiveFive Protection Plan, we identified urban improvement needs,

631
00:54:56,080 --> 00:54:58,540
rural improvement needs, and system light improvement needs.

632
00:54:59,000 --> 00:55:00,000
This program is a...

633
00:55:00,000 --> 00:55:05,820
The result of some of the rural improvements that we want to do in some of the small communities that

634
00:55:05,820 --> 00:55:12,720
aren't urbanizing areas at this point. So we went out with a phase one process where we

635
00:55:12,720 --> 00:55:21,500
need to be our funded 35 local communities to develop feasibility studies for what they identify

636
00:55:21,500 --> 00:55:25,680
their problems and opportunities and come up with some solutions that they want to look at moving

637
00:55:25,680 --> 00:55:31,280
forward. So it's really, the focus has been on the urban areas in the past, you know,

638
00:55:31,440 --> 00:55:35,960
few decades and we haven't had the time or resources to address the small communities.

639
00:55:36,020 --> 00:55:44,460
So this was a program to move that ball forward. The phase one process is wrapping up. Some

640
00:55:44,460 --> 00:55:51,080
of the communities needed more time so they've extended their agreements with us. I think 15 or 20

641
00:55:51,080 --> 00:55:57,680
are wrapping up, have wrapped up already of the 35 in the phase one, feasibility study process.

642
00:55:58,560 --> 00:56:02,840
And then we've already started implementing phase two, which is the implementation of some

643
00:56:02,840 --> 00:56:03,600
of those projects.

644
00:56:05,840 --> 00:56:11,920
So the phase two solicitation period for our proposal solicitation package we put out was

645
00:56:11,920 --> 00:56:13,820
December 5th through February 3rd.

646
00:56:13,820 --> 00:56:18,300
So February 3, the application period closed for Phase 2.

647
00:56:20,380 --> 00:56:27,460
The table here shows the five communities that applied for Phase 2 funding, Grimes,

648
00:56:27,540 --> 00:56:30,960
Knights Landing, Tudor, Wheatland, and Franklin Beachwood in Merced County.

649
00:56:33,040 --> 00:56:37,920
Part of our guidelines allowed them flexibility to pick from a menu of options as they

650
00:56:37,920 --> 00:56:38,920
put together their applications.

651
00:56:38,920 --> 00:56:44,120
As I've mentioned before, we only have about 28 million dollars available for implementation,

652
00:56:45,140 --> 00:56:50,420
and there's probably at least a $2 billion need out there in the system based on our

653
00:56:50,420 --> 00:56:52,000
certified foot protection plan estimates.

654
00:56:53,520 --> 00:56:55,180
That's a B billion.

655
00:56:57,440 --> 00:57:03,320
So with 28 million available, these five projects came in, and if you were to implement these

656
00:57:03,320 --> 00:57:06,960
five projects in their entirety, it's over $300 million worth of work.

657
00:57:06,960 --> 00:57:09,140
So obviously, we're not going to be able to fund that.

658
00:57:09,380 --> 00:57:13,940
So what we're looking at is, and the local communities that the communities that applied

659
00:57:13,940 --> 00:57:18,340
for the phase two funding, they did leverage that flexibility in the guidelines and they

660
00:57:18,340 --> 00:57:20,740
proposed different options for the department to consider.

661
00:57:20,900 --> 00:57:26,660
So we appreciate them in their flexibility because it's really tough to fund $300 million

662
00:57:26,660 --> 00:57:28,820
of work with $28 million.

663
00:57:29,800 --> 00:57:34,180
So we're in the review process there for that for those five applications.

664
00:57:35,140 --> 00:57:42,240
We're on a fast burn with this review process because our prop 1E funding commitment deadline is June 30 this year.

665
00:57:42,720 --> 00:57:49,580
So we're looking to complete our reviews by the end of March and make some recommended awards to our director.

666
00:57:49,960 --> 00:57:56,160
And then from there we hope to get our final awards out by the end of April for that 15-day comment period.

667
00:57:56,300 --> 00:58:01,740
And then we'll be working on contracts to tie that funding up over the next couple of months.

668
00:58:03,310 --> 00:58:07,310
Any questions on small communities for I move on?

669
00:58:09,240 --> 00:58:10,200
Any questions?

670
00:58:11,600 --> 00:58:11,620
Okay.

671
00:58:14,340 --> 00:58:19,040
Just real quick on the 2017-2019 storm damage emergency rehabilitation program.

672
00:58:21,040 --> 00:58:26,460
As a reminder, the Center of I Water Sheds experienced record rainfall in 2017 and 2019.

673
00:58:27,300 --> 00:58:32,040
They run off from these storms cause a lot of damage to our levy systems, particularly in 2017.

674
00:58:32,040 --> 00:58:37,320
And as a result, back in 2017, the State Legislature redirected some of the deferred maintenance

675
00:58:37,320 --> 00:58:44,700
funding that was provided to DWR to address the storm damage that we experienced.

676
00:58:46,040 --> 00:58:50,800
So DWR quickly organized under the leadership of Dave Wildin, who will talk to you a little

677
00:58:50,800 --> 00:58:56,760
bit later in more detail, organized and multi-agency effort to identify, prioritize, and repair

678
00:58:56,760 --> 00:58:57,880
these sites.

679
00:58:59,400 --> 00:59:11,820
Dave has provided several updates. It's been a while, so we thought it would be good to come back and provide kind of a reminder of where we've been over the past couple of years and then a status of what some of these repairs are looking like and how much more work is left.

680
00:59:14,460 --> 00:59:23,040
And there is a lot of work to be done. We have accomplished all 38 critical sites have been repaired. There's more work to be done.

681
00:59:24,040 --> 00:59:33,060
But I just want to give Kudos and a big thank you to Dave, his leadership and the multi-agency team that has helped to Dave be successful in this program.

682
00:59:33,520 --> 00:59:35,760
There were a couple of awards that I noted up here on the slide.

683
00:59:36,760 --> 00:59:41,040
The American Society of Civil Engineers 2017 Project of the Year Award for this program.

684
00:59:42,140 --> 00:59:47,700
As well as the American Council of Engineering Companies 2019 Engineering Excellence Merit Award.

685
00:59:48,260 --> 00:59:50,320
So the team should be very proud of their work.

686
00:59:50,320 --> 00:59:54,240
I'm proud of the work they've done and more to come on that.

687
00:59:57,260 --> 00:59:59,940
That's it for me unless there are any questions I'd like to bring in Mike.

688
01:00:00,000 --> 01:00:28,240
Anderson up. In the interest of time, the last slide that Michael probably clicked to will be our next scheduled program briefing for March is Todd Bernardi will come and talk about our flood risk reduction projects, specifically the US Army Corps of Engineers projects, give you an update on construction completed last year and the plans for this upcoming year and future plans for construction. So that should be good update for everybody on the urban program.

689
01:00:30,000 --> 01:00:31,780
I have a question.

690
01:00:33,060 --> 01:00:38,300
In reading the report that was submitted to the board, not what you just talked about,

691
01:00:39,380 --> 01:00:49,680
I didn't see very much work that was being done by the state on repairing rodent activity.

692
01:00:50,840 --> 01:00:55,100
And I'm wondering is there a problem getting fish and wildlife service approval

693
01:00:55,100 --> 01:01:01,320
because of the garter snake is why they seem to be a lack of activity in this area or where

694
01:01:01,320 --> 01:01:05,920
are we with that? We worked out something with Fish and Wildlife Service on the garter snake.

695
01:01:07,300 --> 01:01:12,360
That's a good question. I think in some areas we don't have issues with the garter snakes

696
01:01:12,360 --> 01:01:17,820
that we're able to continue doing that kind of work. I can't answer your question indeed

697
01:01:17,820 --> 01:01:22,280
today and I don't have our flood maintenance officer. I don't believe today. But we can come back

698
01:01:22,280 --> 01:01:27,360
next month and kind of give you a test problem we need to be because when we look at the inspection

699
01:01:27,360 --> 01:01:33,340
reports that seems to be like one of the biggest items that is recurring over and over by the

700
01:01:33,340 --> 01:01:39,580
core and by our own inspectors yet I don't see much activity yeah I mean we're constantly working

701
01:01:39,580 --> 01:01:44,280
with the official wildlife agencies on this issue it's been a longstanding issue as you as you

702
01:01:44,280 --> 01:01:49,200
imagine I look forward to hearing from you yeah we appreciate that question and I'll try to get

703
01:01:49,200 --> 01:01:54,540
information for you next time. Thank you, Jeremy. Thank you all. So I'll bring up Dr. Mike

704
01:01:54,540 --> 01:01:54,880
Anderson.

705
01:01:57,680 --> 01:02:04,440
You were on the queue here. I clean well. All right, President Edgar in the board.

706
01:02:04,580 --> 01:02:12,600
Good morning. Hi, Michael. All right, what are your 2020 to date? When I was here in December,

707
01:02:12,600 --> 01:02:18,580
mentioned that the outlook was dry. This is how it has realized through the winter. We were

708
01:02:18,580 --> 01:02:24,780
transportation in snowpacker, hang an out near 50% for the central valley water sheds.

709
01:02:25,800 --> 01:02:30,520
Maximum temperatures in the top quartile with minimum temperature in the top 10%.

710
01:02:30,520 --> 01:02:41,060
So we are seeing that warmer, drier pattern that has been more present than not in the past decade.

711
01:02:42,740 --> 01:02:45,180
Some record territories, some discussions to have.

712
01:02:45,180 --> 01:02:49,440
So I think last time I told you we had a potential sea level pressure record.

713
01:02:49,500 --> 01:02:55,880
We have an extreme committee formed, and they are reviewing the data and preparing a report

714
01:02:55,880 --> 01:02:58,660
for consideration by NCEI for that record.

715
01:02:59,660 --> 01:03:05,320
You may have also seen news reports on February 9th of a wind reading of 299 miles an hour

716
01:03:05,320 --> 01:03:06,360
up at Kirkwood.

717
01:03:07,020 --> 01:03:14,000
We have investigated that reading and find we do not have sufficient information to pursue

718
01:03:14,000 --> 01:03:20,360
updating the record at this time. The precipitation indices, the aid station, the

719
01:03:20,360 --> 01:03:27,740
five station in the sixth station are at or near-record lows for February and also

720
01:03:27,740 --> 01:03:33,960
currently for water year to date. And six of the 21st century snow packs

721
01:03:33,960 --> 01:03:39,860
for April 1 are less than or equal to 50% of average. So again, kind of fitting into

722
01:03:39,860 --> 01:03:46,780
the narrative with climate change, less snow, more extremes, more variability.

723
01:03:50,710 --> 01:03:54,150
Looking with the national multi-model ensemble, which is the graphic there.

724
01:03:54,170 --> 01:03:56,670
This is the outlook from our chapel in May.

725
01:03:57,010 --> 01:04:03,290
And again, you see a good part of California in the below-average category for the three

726
01:04:03,290 --> 01:04:04,290
month accumulation.

727
01:04:05,190 --> 01:04:10,150
What I do want to caution is that March is still a month where significant precipitation

728
01:04:10,150 --> 01:04:16,790
can happen. And one storm can produce fish of flows to cause high water even if the seasonal

729
01:04:16,790 --> 01:04:22,610
accumulation remains below average. So we do need to be mindful that you can have a wet

730
01:04:22,610 --> 01:04:25,910
extreme within a broader dry extreme environment.

731
01:04:29,000 --> 01:04:31,720
And that's all I have for you today any questions?

732
01:04:33,380 --> 01:04:39,220
Questions on the climate change report? Pretty grim for a drought, huh?

733
01:04:40,800 --> 01:04:42,680
We seem to be back in that territory.

734
01:04:43,120 --> 01:04:44,280
Yeah, it looks like it.

735
01:04:44,460 --> 01:04:44,500
Okay.

736
01:04:44,640 --> 01:04:45,220
Thank you, Michael.

737
01:04:45,500 --> 01:04:46,340
Thank you.

738
01:04:48,710 --> 01:04:49,990
Anything else for me?

739
01:04:54,460 --> 01:04:55,460
Oh, Tim, you want?

740
01:04:59,250 --> 01:04:59,770
Just real quick.

741
01:04:59,950 --> 01:04:59,990
Thanks.

742
01:05:00,000 --> 01:05:06,880
Mr. Jeremy, the report that we get in writing that has the top conservation conditions at the reservoirs in the state.

743
01:05:07,400 --> 01:05:11,080
There's another version of that with the snow pack on it. Also, it needs to be in the report.

744
01:05:11,160 --> 01:05:15,100
Can you guys throw that back in when you do the monthly versions? I just like that one also.

745
01:05:15,460 --> 01:05:17,180
It has the rest of the information on it.

746
01:05:17,300 --> 01:05:19,400
Yes, that makes sense. Great. Thank you.

747
01:05:19,600 --> 01:05:19,740
Thank you.

748
01:05:19,820 --> 01:05:20,740
Appreciate it.

749
01:05:21,400 --> 01:05:22,120
Anybody else?

750
01:05:24,340 --> 01:05:24,360
Okay.

751
01:05:26,080 --> 01:05:27,620
Okay, under, thank you, Jeremy.

752
01:05:28,340 --> 01:05:29,560
Under item,

753
01:05:31,600 --> 01:05:32,500
we're on AB,

754
01:05:37,470 --> 01:05:37,470
Mary.

755
01:05:38,590 --> 01:05:45,030
Mary is going to provide us with a little kind of summary of what we did in our workshop on climate change.

756
01:05:45,830 --> 01:05:55,350
And then the next steps to kind of upgrade the information that we had in the 2017 update of the plan.

757
01:05:55,350 --> 01:06:02,710
and then what we're looking forward to as an approach to the 2020-22 update.

758
01:06:05,570 --> 01:06:08,250
Good morning and thank you, President and Gurn members of the Board.

759
01:06:08,710 --> 01:06:13,590
Please to be here today on behalf of the Center of Olive Flip Protection Plan DWR team.

760
01:06:17,920 --> 01:06:24,340
We enjoyed a four-hour long and productive workshop with many of you and our

761
01:06:24,340 --> 01:06:27,940
value stake holders on February 14th at the City of West Sacramento.

762
01:06:28,900 --> 01:06:35,920
We had approximately 60 attendance, a 60 people in attendance, including board members, leads

763
01:06:35,920 --> 01:06:40,740
from the San Joaquin Regional Flood Management Planning Groups, local flood protection agencies,

764
01:06:41,100 --> 01:06:46,700
environmental, non-governmental organizations or NGOs, resource agencies and landowners.

765
01:06:47,280 --> 01:06:50,100
We had a very nice variety of participants there.

766
01:06:50,780 --> 01:06:56,540
The purpose of the workshop on the 14th was to foster a shared understanding of the San

767
01:06:56,540 --> 01:07:02,460
Joaquin Basin Problems, Climate Change Findings, Range and Solution Study and Recommendations

768
01:07:02,460 --> 01:07:05,200
from the 2017 Flunk Protection Plan Update.

769
01:07:05,420 --> 01:07:10,220
We had a robust body of work that supported that and we wanted to use that as a launching

770
01:07:10,220 --> 01:07:15,260
point to work toward shared understanding of our current climate change-related studies

771
01:07:15,260 --> 01:07:22,300
that were proposed for the 2022 flood protection plan update and begin to engage and receive input

772
01:07:22,300 --> 01:07:28,060
in a public setting on our proposed San Joaquin Basin climate change approaches for the flood plan update.

773
01:07:32,420 --> 01:07:37,140
So, in overview of the presentation topics that we presented in much greater detail to weeks ago,

774
01:07:39,840 --> 01:07:46,720
we had an overview of the challenges, findings, and recommendations from the 2012 and 2017 flood protection plan.

775
01:07:48,220 --> 01:07:53,880
Using that, again, as a launching point to work toward our 2022 flood protection plan update.

776
01:07:55,920 --> 01:07:58,720
And that was focused on a couple of things.

777
01:07:59,200 --> 01:08:05,260
One is the recognition that the San Joaquin River Basin is expected to face severe climate change impacts,

778
01:08:05,940 --> 01:08:08,860
and we are gaining a better understanding of that over time.

779
01:08:09,880 --> 01:08:13,540
The second is that there are a suite of multi-benefit recommended actions,

780
01:08:13,540 --> 01:08:18,100
included for the San Joaquin Basin in the Central Value Flood Protection Plan that was adopted

781
01:08:18,100 --> 01:08:19,520
by the board in 2017.

782
01:08:22,080 --> 01:08:26,020
We want to use that to assess a broader range of climate change

783
01:08:26,020 --> 01:08:33,500
projections and flood system vulnerabilities to climate change moving towards 2022. Explore

784
01:08:33,500 --> 01:08:43,320
integration and add up to explore the integration of various adaptation strategies with decision

785
01:08:43,320 --> 01:08:46,640
analysis to reflect the changes that we know are occurring in the system.

786
01:08:52,120 --> 01:08:54,940
Here's just a sublist of the key feedback provided.

787
01:08:55,040 --> 01:08:58,340
There was a lot of great feedback and we're digging into it as we speak.

788
01:08:59,000 --> 01:09:01,260
About a summary for you up there.

789
01:09:01,600 --> 01:09:05,840
There are significant sermons expressed regarding the range and climate change projections.

790
01:09:06,440 --> 01:09:07,440
It's a wide range.

791
01:09:08,120 --> 01:09:11,280
We all looked at a scatter plot that raised some eyebrows.

792
01:09:12,580 --> 01:09:17,100
But related to that is there is great uncertainty amongst all of our partners

793
01:09:17,100 --> 01:09:20,920
on how to respond and where to invest, so we want to continue the dialogue on that.

794
01:09:22,120 --> 01:09:26,020
There's an interest in integrating flood management into other efforts, recognizing that

795
01:09:26,020 --> 01:09:31,060
often groundwater management and habitat restoration needs are at the forefront of people's

796
01:09:31,060 --> 01:09:32,300
minds in the San Joaquin.

797
01:09:33,540 --> 01:09:37,920
There were requests for a peer review of our climate change analyses that we are working on now.

798
01:09:38,580 --> 01:09:47,080
We had a discussion of how upstream actions affect downstream areas and communities in the

799
01:09:47,080 --> 01:09:51,780
challenge and barriers to implementation that are unique to the San Joaquin basin.

800
01:09:52,240 --> 01:09:59,940
Some of those are common to the Sacramento as well, but it definitely presents the focus challenge.

801
01:10:00,000 --> 01:10:06,020
In the San Joaquin, in different ways. So some of the challenges and barriers that we discussed in more detail

802
01:10:06,020 --> 01:10:14,480
two weeks ago included a lack of funding, limited institutional capacity, concerns about hydraulic impacts,

803
01:10:15,240 --> 01:10:22,180
why is use of floodplain issues in the San Joaquin, real estate issues and availability of real estate

804
01:10:22,180 --> 01:10:24,960
and how to garner land on a support.

805
01:10:26,300 --> 01:10:34,280
The U.S. Army Corps of Engineers for a wait process and state plant-of-flow control issues and the long-term nature of system-wide projects.

806
01:10:39,770 --> 01:10:42,210
So this is near the end and I'll pause for questions.

807
01:10:42,530 --> 01:10:46,550
But what's happened since February 14th for our planning team and what's next?

808
01:10:47,350 --> 01:10:53,670
We had a targeted engagement with the San Joaquin Regional Flood Management Planning Leeds on February 21st.

809
01:10:53,670 --> 01:11:00,830
I found it personally to be a very productive and meaningful use of time with the leads to hear more about their concerns and priorities.

810
01:11:02,830 --> 01:11:15,230
Regional flood management planning update was given to the Coordinating Committee to days ago by Chris Williams and the leads from the six regional flood management planning efforts in the Valley Sacramento and San Joaquin.

811
01:11:15,690 --> 01:11:20,450
And so what's coming next, we're working toward a summary of this climate change workshop

812
01:11:20,450 --> 01:11:26,110
to continue the engagement with our San Joaquin stakeholders at the March Coordinating Committee

813
01:11:26,110 --> 01:11:31,030
that I'm told is being planned for a location in the San Joaquin Basin to be determined.

814
01:11:31,350 --> 01:11:36,030
So we're hoping to get some additional folks to attend and engage with us there who weren't able

815
01:11:36,030 --> 01:11:41,690
to make the trek up to West Sacramento. And we are eager to begin engagement on our vision

816
01:11:41,690 --> 01:11:44,450
for the conservation strategy update, vision as well.

817
01:11:45,130 --> 01:11:46,510
So that will be coming soon.

818
01:11:48,560 --> 01:11:51,680
With that, I'll pause for questions.

819
01:11:52,720 --> 01:11:53,020
For comments.

820
01:11:53,260 --> 01:11:57,020
It's very, we had a little discussion

821
01:11:57,020 --> 01:11:59,220
about that at the coordinating committee,

822
01:11:59,400 --> 01:12:00,580
and then, of course, at the workshop.

823
01:12:01,340 --> 01:12:04,040
I think there are two areas that we need

824
01:12:04,040 --> 01:12:06,420
to get some policy guidance on.

825
01:12:07,240 --> 01:12:11,420
One is this whole issue of, it looks like Roman

826
01:12:11,420 --> 01:12:20,180
and the climate people are headed toward determining kind of a range rather than a specific

827
01:12:20,180 --> 01:12:25,060
number for the, you know,

828
01:12:28,300 --> 01:12:32,340
what they, you know, you're going to have to design to

829
01:12:32,340 --> 01:12:42,540
in this San Joaquin Valley. And I need to know how exactly we're going to deal with that.

830
01:12:42,540 --> 01:12:50,760
In other words, is the state saying that this is the range that we think climate change is going

831
01:12:50,760 --> 01:13:00,720
to affect Santa and the locals have the ability to pick a design number to design

832
01:13:00,720 --> 01:13:07,140
too within that range and that's their choice, or are we going to determine it, or what?

833
01:13:07,920 --> 01:13:10,560
That's a great question and it had come up two weeks ago.

834
01:13:10,780 --> 01:13:15,500
We are planning on presenting a range and we are saying that it is up to the locals to

835
01:13:15,500 --> 01:13:22,220
determine their design level to how far they would think they can go within any one

836
01:13:22,220 --> 01:13:24,820
project and accommodating projection of climate change.

837
01:13:25,000 --> 01:13:32,420
We do hope that the range will start to hone down where we think a reasonable space for the

838
01:13:32,420 --> 01:13:36,220
future given a large range of uncertainty to help guide that but we are certainly not going

839
01:13:36,220 --> 01:13:42,340
to make that decision for the locals, but secondly, we want to be able to flip the

840
01:13:42,340 --> 01:13:43,780
near to that adaptation.

841
01:13:44,200 --> 01:13:45,140
Has that been determined?

842
01:13:45,720 --> 01:13:47,800
That is the state policy at this point.

843
01:13:48,160 --> 01:13:55,560
That the state's position is that we will produce the numbers that will produce a range

844
01:13:55,560 --> 01:14:02,000
and that the locals have the choice to work within that range.

845
01:14:02,420 --> 01:14:02,800
Yes.

846
01:14:03,360 --> 01:14:05,460
Is that what the policy is at this point?

847
01:14:05,460 --> 01:14:11,340
My understanding yes, all right,

848
01:14:14,920 --> 01:14:20,900
the second issue while while we're getting issues on the table is is it seems to me that

849
01:14:23,020 --> 01:14:30,300
I'm a little worried about we spent a lot of time integrating the conservation strategy in the metrics

850
01:14:30,880 --> 01:14:31,680
into

851
01:14:31,680 --> 01:14:32,960
the plan

852
01:14:32,960 --> 01:14:34,000
during the

853
01:14:34,000 --> 01:14:38,900
2017 and it looks like now we're gonna be producing a

854
01:14:38,920 --> 01:14:42,360
according to Lorie at the Department,

855
01:14:44,680 --> 01:14:49,640
a conservation strategy update or a paper of some sort

856
01:14:49,640 --> 01:14:52,640
that will be produced in 2021,

857
01:14:53,680 --> 01:14:58,120
which will inform the writing of the plan in 2022.

858
01:15:00,000 --> 01:15:07,660
A little worried about that we're bifurcating the plan and the conservation strategy again.

859
01:15:08,420 --> 01:15:16,100
And I really, a lot of us broke our picks on trying to pull it together and make sure it was in the plan.

860
01:15:16,260 --> 01:15:22,600
It was our policy in the plan as part of the conservation strategy was in the plan.

861
01:15:22,600 --> 01:15:30,640
And I'm sensing it, this is kind of bifurcating again, and it's moving away, so we need

862
01:15:30,640 --> 01:15:36,540
to make sure that that doesn't happen, because that would be a mistake, would go back

863
01:15:36,540 --> 01:15:41,820
to where we were before, where we have a conservation strategy, and we have the flood plan,

864
01:15:41,820 --> 01:15:46,960
and we're constantly trying to make a mesh together, and we don't want that.

865
01:15:47,100 --> 01:15:48,780
We want to integrate it.

866
01:15:49,140 --> 01:15:49,300
Right?

867
01:15:49,300 --> 01:15:53,980
I agree with you. The team has been thinking through the most efficient way to make sure

868
01:15:53,980 --> 01:15:59,320
that happens and that's why Laurie mentioned one thinking is a light, a relatively light

869
01:15:59,320 --> 01:16:04,120
document that's easy to plug in to the main narrative of the plan. So we're trying to think

870
01:16:04,120 --> 01:16:08,720
through creatively how to make sure that that connection is as tight as possible. That being said,

871
01:16:08,780 --> 01:16:14,940
it is one of the key multiple supporting efforts we need to integrate in. So we are trying

872
01:16:14,940 --> 01:16:18,920
to think of it in that way, in terms of it is integral part of the flood plan.

873
01:16:20,160 --> 01:16:24,020
The back to the climate change range again.

874
01:16:25,580 --> 01:16:30,000
So, Jeff is now taking the position that they are.

875
01:16:30,000 --> 01:16:38,400
Their policy basically is managing climate change by adaptive management.

876
01:16:38,400 --> 01:16:47,200
that is they're going to build their levies stronger so that they can be raised in the future

877
01:16:47,200 --> 01:17:00,460
if the higher end of the range begins to emerge as reality. But if you do the math and they get

878
01:17:00,460 --> 01:17:06,900
to that high range they're going to need more than just raising the top of the levies. They're

879
01:17:06,900 --> 01:17:15,600
need essentially a bypass or something that takes a whole bunch of water out to the ocean.

880
01:17:17,960 --> 01:17:28,460
I don't know how we adaptively manage for that ultimate possibility except for buying land.

881
01:17:30,280 --> 01:17:41,240
Well, that's the question, is it going to, are we going to, you know, the way I'm seeing

882
01:17:41,240 --> 01:17:47,820
it now, Sadjavka is planning to manage climate change by adaptive management, which means

883
01:17:47,820 --> 01:17:53,240
raising the levies over time as they need it.

884
01:17:53,240 --> 01:18:04,300
But at some point, if the end of the range begins to become reality, they're going to need more than just raising the levee.

885
01:18:04,380 --> 01:18:11,260
So they're going to need a channel or something to transport all that water out of the area.

886
01:18:12,640 --> 01:18:20,200
Now, the question is, what are we doing, or is that number one? I guess we need to know whether that's correct or not.

887
01:18:20,200 --> 01:18:24,980
Number two, if it is, what's the strategy?

888
01:18:25,020 --> 01:18:28,800
Is it to begin to generally buy land or work?

889
01:18:29,300 --> 01:18:31,680
So that was what was occurring to me

890
01:18:31,680 --> 01:18:33,700
as we were talking about that.

891
01:18:34,420 --> 01:18:36,860
Yes, one thing we talked about with the San Joaquin

892
01:18:36,860 --> 01:18:41,100
RFMPs was whether Sajafka is looking at giving more room

893
01:18:41,100 --> 01:18:44,060
and they talked about a corridor outside their levy projects.

894
01:18:44,220 --> 01:18:47,240
What other adaptations strategies should they be looking

895
01:18:47,240 --> 01:18:54,120
next. In a prioritized manner to adaptively managed toward climate change and that could be a whole host

896
01:18:54,120 --> 01:19:00,460
of other things in the toolbox, as you mentioned, including looking at the non-structural actions,

897
01:19:00,600 --> 01:19:06,340
easements and so forth, land use, reservoir operations, what can be done there. So there are whole

898
01:19:06,340 --> 01:19:11,300
host of other tools in the toolbox that need to be studied at a more detailed level. And so one of

899
01:19:11,300 --> 01:19:16,040
the things that we're doing with the climate change is starting to develop these watershed-based approaches

900
01:19:16,040 --> 01:19:21,520
that allow you to focus in a little better on particular geographies and understand within that

901
01:19:21,520 --> 01:19:27,520
watershed downstream, which adaptation strategies work a little better for you and get you a

902
01:19:27,520 --> 01:19:34,880
little further. And so how can you prioritize? It's hard to do that for for region scale geographies

903
01:19:34,880 --> 01:19:39,860
looking at the whole system. So how can we move towards individual watersheds and studying them

904
01:19:39,860 --> 01:19:45,660
with partners and picking them off in a prioritized manner to work towards that so that there

905
01:19:45,660 --> 01:19:50,560
individual projects that begin to make sense at a watershed scale that she's that people can

906
01:19:50,560 --> 01:19:55,840
start to realize oh we can only get so far with this urban project so the next thing we need to

907
01:19:55,840 --> 01:19:59,980
looking at is X, Y, and Z and I don't have that answer for you first talk.

908
01:20:00,000 --> 01:20:05,120
But we do want to work through with our partners how to get to that.

909
01:20:05,380 --> 01:20:13,740
Okay. Now, if you're idea that some of this is going to be just some of this detail is going to be written into the plan update.

910
01:20:14,420 --> 01:20:25,340
What we are integrating into the floodblood plan update for climate change are the pilot studies that we are completing on a to all of me and Merced as pilots as examples of ways that you can do it.

911
01:20:25,340 --> 01:20:29,320
or tailored, so to speak, because if you were at the workshop, you'll see that those two are

912
01:20:29,320 --> 01:20:30,140
a little different.

913
01:20:32,620 --> 01:20:37,040
But we will need to do a lot more moving toward 2027 talking about

914
01:20:37,040 --> 01:20:40,240
what other watersheds can we look at, what can we learn, how can we partner?

915
01:20:40,700 --> 01:20:47,640
Okay, the question is, how much are we asking, Sajafka to do and how much are we going to do?

916
01:20:48,440 --> 01:20:51,940
That's, I guess, the balance here. Okay, Tim.

917
01:20:55,080 --> 01:20:56,060
Thanks for the update.

918
01:20:56,320 --> 01:20:59,200
I wish I had been a fly in the wall for the RFMP meeting, but oh well.

919
01:20:59,680 --> 01:21:00,740
I'm glad you guys had that discussion.

920
01:21:02,380 --> 01:21:07,820
Let me first say thanks for giving this the time and attention that I think we all want to provide.

921
01:21:08,500 --> 01:21:09,620
The workshop was great.

922
01:21:09,960 --> 01:21:14,540
I'm really happy to see so much effort going into what happens on the Selma King side of the system.

923
01:21:15,280 --> 01:21:18,780
There were a few presenters to weeks ago, but there were a lot of people I'm sure that helped prepare.

924
01:21:19,840 --> 01:21:21,760
So, a big thanks to everybody that was part of that team.

925
01:21:23,020 --> 01:21:31,580
just a couple of quick comments to maybe echo some of the things that Bill said going forward to try to think about besides that's who you had on the screen.

926
01:21:32,500 --> 01:21:37,900
One way to look at the update would be to assess the 2017 priorities, right?

927
01:21:38,260 --> 01:21:39,820
And the priority for the sound machine was the bottom.

928
01:21:41,540 --> 01:21:48,240
And I think this is happening, but we should be really explicit about not just what we think needs to happen,

929
01:21:48,240 --> 01:21:52,020
but why it hasn't happened so we can try to get our head around that and figure out who needs

930
01:21:52,020 --> 01:21:57,160
to be responsible for it. Hopefully we'll do more than just to point out problems. We'll try to

931
01:21:57,160 --> 01:21:58,780
also point out paths to solutions.

932
01:22:00,860 --> 01:22:03,600
I think we're doing that. I think the forums that you guys

933
01:22:03,600 --> 01:22:07,300
have created in the discussions that we're having now are going to generate some of that. Hopefully

934
01:22:07,300 --> 01:22:13,900
the plan can really capture that and codify to some extent. The issue of the target is super important

935
01:22:13,900 --> 01:22:17,380
and I don't want to say any more about that right now because I think it needs to play out,

936
01:22:17,380 --> 01:22:23,200
But I will say that, I think we all know that the current standard of the people they're building to is not sufficient.

937
01:22:23,780 --> 01:22:30,670
And so, that's not sufficient. We should be able to say more than that.

938
01:22:31,930 --> 01:22:38,130
And I know there's a lot of implications for being ready to make an estatement for the state or for the locals,

939
01:22:38,330 --> 01:22:44,370
but we need to figure out how to support each other so we can incrementally raise the bar and be really clear about it,

940
01:22:44,450 --> 01:22:46,770
so that people know what they're getting when they invest their money.

941
01:22:48,030 --> 01:22:53,830
And the last thing, I found myself borrowing something that Ryan said earlier, which is sort

942
01:22:53,830 --> 01:22:59,150
of the program scale, you know, trying to be a little more strategic about how this works.

943
01:22:59,290 --> 01:23:05,670
And I'm glad that our P-Fox came in, but I want to make sure that we also think about the ways

944
01:23:05,670 --> 01:23:08,530
that we can connect those three regions, right?

945
01:23:08,670 --> 01:23:15,550
So besides having these individual regional plans and the projects in them, I think the state

946
01:23:15,550 --> 01:23:21,030
could do a real service to make sure those things fit together, and then what there's gaps,

947
01:23:21,050 --> 01:23:23,170
proposed things that fill the gaps.

948
01:23:24,270 --> 01:23:27,770
And there are things that states leading now that we could do that, as an example, rather

949
01:23:27,770 --> 01:23:32,950
than just sort of help Sejfka, the Samokin River Estration Program is a big deal, and

950
01:23:32,950 --> 01:23:35,610
then takes a lot of state time and investment in energy.

951
01:23:36,530 --> 01:23:41,210
And I think they think about the flooding part of it, but I think we could be more explicit

952
01:23:41,210 --> 01:23:46,350
about that and really help think about how that area connects to the middle which connects to

953
01:23:46,350 --> 01:23:55,270
the bottom and start to just draw those things out so that we have not just a more specific plan,

954
01:23:55,630 --> 01:24:00,450
but also again try to help flag who the responsible parties are going forward. So we have a lot of

955
01:24:00,450 --> 01:24:05,910
time until the plan's going to be in front of us and and that is and so I'm really happy to see an

956
01:24:05,910 --> 01:24:09,590
early effort to structure bringing like to these things. So thank you guys for doing that.

957
01:24:14,910 --> 01:24:18,290
Thank you for the update.

958
01:24:18,750 --> 01:24:26,490
I thought the workshop that you put on was extremely beneficial and it showed, at least

959
01:24:26,490 --> 01:24:26,970
them.

960
01:24:27,570 --> 01:24:36,090
I'm just slow, but it emphasized the uncertainty which has always been there as far as

961
01:24:36,090 --> 01:24:42,750
these projections are and the one chart that got in my attention was that some of the modeling

962
01:24:42,750 --> 01:24:49,130
that showed the greatest increase in temperature, which we all agree is happening, also showed

963
01:24:49,130 --> 01:24:59,930
the least increase in precipitation. That's a lot of uncertainty. So, we need, so

964
01:25:00,000 --> 01:25:08,180
I have totally agree with your approach to show what the uncertainty is in this new way of going

965
01:25:08,180 --> 01:25:14,420
for rather than a single item saying this is what the future is. I think we should show the

966
01:25:14,420 --> 01:25:23,700
range of uncertainty. I also think we should show where we are today without the modeling uncertainty

967
01:25:23,700 --> 01:25:35,040
of climate change. Okay. And I feel it's a state responsibility to come up, we have a standard

968
01:25:35,700 --> 01:25:43,560
200-year. It's a state standard for urban areas. We should come forward and say today

969
01:25:43,560 --> 01:25:46,020
the 200-year flow is this.

970
01:25:48,560 --> 01:25:53,080
And so when we do the uncertainty range, we should show where

971
01:25:53,080 --> 01:25:59,280
best estimate of where we are today is within that range. You following what I'm saying?

972
01:25:59,760 --> 01:26:06,920
I think so. I mean, it may be. I mean, I've sort of had the assumption that today is like

973
01:26:06,920 --> 01:26:14,900
here and all of the climate change is over here. In other words, all show an increase. But I'm wondering

974
01:26:14,900 --> 01:26:21,880
now after the workshop that was presented, if we said today is here and it's within the range

975
01:26:21,880 --> 01:26:31,580
of the uncertainty of the climate change, that would be valuable information to know, so I would

976
01:26:31,580 --> 01:26:39,140
encourage that we try to establish what the 200-year flow is on the San Joaquin system today,

977
01:26:40,660 --> 01:26:46,680
and where it fits within the range of uncertainty with climate change in the future, self-discipline.

978
01:26:47,380 --> 01:26:53,660
But thank you. I felt the workshop was very effective and I appreciate how you go out

979
01:26:53,660 --> 01:26:59,620
to the public and gather information and comments and listen and actually try to respond.

980
01:27:00,040 --> 01:27:03,140
It's really great to see. Thank you.

981
01:27:03,780 --> 01:27:08,840
If I could add to what you said, another point that came out, your point about the 200 year

982
01:27:08,840 --> 01:27:14,500
as well is well taken. The same could be said. I think about the 100 year and the 50 and the 25 because

983
01:27:14,500 --> 01:27:19,400
Another thing that came out is that across the spectrum of flood events, we're expecting

984
01:27:19,940 --> 01:27:22,420
increases in significant uncertainty.

985
01:27:22,740 --> 01:27:25,120
So we do want to look at events of multiple sizes.

986
01:27:25,340 --> 01:27:26,500
I agree.

987
01:27:27,720 --> 01:27:36,040
One other thing that occurred to me, Mary, is I think one of the reasons we've been able

988
01:27:36,040 --> 01:27:44,200
to get as far as we have with the Yolo bypass is because we finally convinced Yolo County

989
01:27:44,200 --> 01:27:53,320
to present an implementation plan to us that we were able to react to and change and so on

990
01:27:53,320 --> 01:28:00,660
and we're now in the process of implementing that with local support and there changes to it

991
01:28:00,660 --> 01:28:06,920
and there are places where we're arguing the setback levee down near the deep water channel

992
01:28:06,920 --> 01:28:13,240
on a few other areas in the bypass, but it's the first time that we're kind of moving together

993
01:28:13,240 --> 01:28:21,380
in that, in the bypass with projects that have logo support and so on.

994
01:28:23,080 --> 01:28:28,220
The one thing we need, I think, from the

995
01:28:30,680 --> 01:28:32,520
lower sector,

996
01:28:32,560 --> 01:28:37,020
upper sector, I don't know, Levy District, is an implementation plan.

997
01:28:37,980 --> 01:28:43,440
Now, when we went down and talked to Reggie's boards of directors,

998
01:28:43,440 --> 01:28:56,900
We told them that we have this list of projects and so on from them, but we need a policy document from them as to what generally they would accept.

999
01:28:56,900 --> 01:29:05,900
What is their plan for flood risk reduction in that area?

1000
01:29:06,020 --> 01:29:17,320
An implementation plan kind of what Tom Inglor is doing for the Feather River area that the study

1001
01:29:17,320 --> 01:29:24,240
that they're moving forward on, which is an implementation plan taking the policy plan

1002
01:29:24,240 --> 01:29:30,860
of the River Coordor Plan and moving it toward a policy plan for that area in the north.

1003
01:29:31,280 --> 01:29:41,020
We need the same thing for Regis area and I talked to Rob Tol about that and he agrees

1004
01:29:41,020 --> 01:29:42,840
and wants to do that.

1005
01:29:43,560 --> 01:29:54,000
We have some extra money from the F map program if they're willing to maybe bring that forward

1006
01:29:54,000 --> 01:29:59,660
to us, I think we'd be willing to help share the cost of doing that if that's what they

1007
01:29:59,660 --> 01:29:59,980
would need.

1008
01:30:00,000 --> 01:30:03,860
But they're going to have to pay for some of it, because that's one of the requirements.

1009
01:30:04,420 --> 01:30:15,140
But it seems to me that that's one of the key elements of moving the locals to a point where we can get to an agreement on a plan.

1010
01:30:15,660 --> 01:30:21,040
And I think that would also be helpful for us going to the Bureau,

1011
01:30:21,040 --> 01:30:30,580
and saying the restoration of the San Joaquin is having impacts.

1012
01:30:31,300 --> 01:30:36,960
And here's the policy document that shows that.

1013
01:30:37,360 --> 01:30:45,720
And we think the Bureau ought to use some of the restoration money to help with the mitigation on the flood system.

1014
01:30:46,200 --> 01:30:48,680
But we can't do that without a policy plan.

1015
01:30:48,680 --> 01:30:55,900
In other words, we can't go to the Bureau on every little task that comes up that they're

1016
01:30:55,900 --> 01:30:59,180
doing trying to proceed with the Restoration Program.

1017
01:30:59,480 --> 01:31:05,640
We don't have a flood implementation program to say, hey, these are the impacts you're

1018
01:31:05,640 --> 01:31:08,540
having and we expect you to help pay for that.

1019
01:31:09,440 --> 01:31:10,520
We don't have it.

1020
01:31:11,480 --> 01:31:16,600
I thought we talked Jane and I talked to the board members about that.

1021
01:31:17,520 --> 01:31:25,600
We don't see that there's much progress on this matter of fact, Rob Tol's scope of work that he's doing now doesn't have that in it.

1022
01:31:27,240 --> 01:31:29,700
Because they don't want to pay for it.

1023
01:31:30,160 --> 01:31:32,060
But I think we could talk about that.

1024
01:31:32,080 --> 01:31:33,220
But we need that plan.

1025
01:31:33,540 --> 01:31:35,020
We need to know what they want down

1026
01:31:37,770 --> 01:31:38,390
there.

1027
01:31:38,770 --> 01:31:39,450
Anything else?

1028
01:31:43,310 --> 01:31:43,490
Okay.

1029
01:31:44,050 --> 01:31:44,550
Thank you, Larry.

1030
01:31:44,910 --> 01:31:45,410
Thank you.

1031
01:31:49,720 --> 01:31:50,920
Okay, we're on item.

1032
01:31:51,440 --> 01:31:51,760
Let's see.

1033
01:31:52,100 --> 01:31:53,080
You want to take a break?

1034
01:31:54,280 --> 01:31:54,360
Okay.

1035
01:31:55,220 --> 01:31:55,600
Okay.

1036
01:31:56,240 --> 01:32:00,100
What are we trying to get back in 10 or 15 minutes please?

1037
01:35:16,080 --> 01:35:23,380
And initial study and mitigated negative declaration. So here with me this morning, I have a carry

1038
01:35:23,380 --> 01:35:28,740
buckman to talk about the notice of preparation and Captain Markets to talk about the initial

1039
01:35:28,740 --> 01:35:34,460
study and mitigated negative declaration. For the Board's part, Board staff has submitted comment

1040
01:35:34,460 --> 01:35:42,020
letters on both of these applications. In regards to the notice of preparation, which was

1041
01:35:42,020 --> 01:35:58,500
Initially, she did in January 15th of this year, closes on March 20th, Board Express staff expressed concerns about clear identification about locations proposing about the proposed construction activities in the state plan of flood control.

1042
01:35:59,240 --> 01:36:07,220
Our concerns regarding the hall routes and construction zones, specifically as it pertains to potential levy reconstruction and emergency repairs.

1043
01:36:07,220 --> 01:36:13,120
and finally, flood effects to the state plant flood control from constructing the

1044
01:36:13,120 --> 01:36:17,020
Delta Command's project from a faraway application perspective.

1045
01:36:17,880 --> 01:36:24,040
On the soil investigation, for data collection, application, or excuse me, the initial

1046
01:36:24,040 --> 01:36:31,120
study, our board staff, 300 Andrea Buckley and her office, has indicated concerns about

1047
01:36:31,120 --> 01:36:36,860
the little detail necessary to make that determination regarding sufficient information

1048
01:36:36,860 --> 01:36:42,500
to support the environmental analysis for type of testing, depth of drilling, staging

1049
01:36:42,500 --> 01:36:46,740
locations, and those types of things regarding the geotechnical investigations.

1050
01:36:48,000 --> 01:36:55,420
And also the difference of impact studies, such as biological or cultural studies, and

1051
01:36:55,420 --> 01:37:00,020
their corresponding mitigation measures for those that would, again, support making a

1052
01:37:00,020 --> 01:37:03,120
determination of a mitigated negative declaration.

1053
01:37:03,120 --> 01:37:07,120
And with that, I'm going to turn it over to Kerry Buckman for that.

1054
01:37:07,120 --> 01:37:07,720
There and I.

1055
01:37:08,000 --> 01:37:08,420
But yeah, Glenn.

1056
01:37:08,740 --> 01:37:11,020
Forgive me.

1057
01:37:11,100 --> 01:37:12,660
It's really sounds stupid.

1058
01:37:13,740 --> 01:37:16,060
But is this the new water fix project?

1059
01:37:16,520 --> 01:37:18,400
Is this what we're doing here?

1060
01:37:18,820 --> 01:37:20,140
It goes by many names.

1061
01:37:20,460 --> 01:37:20,680
But yeah.

1062
01:37:21,520 --> 01:37:21,540
It's.

1063
01:37:22,400 --> 01:37:24,240
It is the single tunnel.

1064
01:37:24,640 --> 01:37:25,560
I did that.

1065
01:37:26,320 --> 01:37:29,580
Identifying any water resiliency portfolio as well.

1066
01:37:29,840 --> 01:37:30,200
Yes, sir.

1067
01:37:31,180 --> 01:37:34,860
What's that actually? That's carry. Thank you.

1068
01:37:35,460 --> 01:37:36,680
They should be here.

1069
01:37:36,860 --> 01:37:38,520
Good morning. Thank you for having me.

1070
01:37:39,620 --> 01:37:43,240
So my name is Carrie Buckman. I'm DWR's environmental program manager for

1071
01:37:43,240 --> 01:37:47,460
Delta Command. So it's my responsibility to work on all of the environmental planning and

1072
01:37:47,460 --> 01:37:51,080
permitting for the process and try to look at the different efforts and bring them together.

1073
01:37:51,340 --> 01:37:56,740
So we're not waiting until later to consider permit needs, but rather looking at it all in a more

1074
01:37:56,740 --> 01:37:57,900
comprehensive fashion.

1075
01:37:58,820 --> 01:38:03,080
Are you preparing to scope them for the project or what?

1076
01:38:03,780 --> 01:38:06,100
So we have a team working on that, but yes.

1077
01:38:08,440 --> 01:38:11,060
So today I'm going to go over the Delta Command's Project

1078
01:38:11,060 --> 01:38:12,160
Notice of Preparation.

1079
01:38:12,420 --> 01:38:14,380
I'll talk a little bit about the Delta Command's

1080
01:38:14,380 --> 01:38:17,220
Design and Construction Authority or DCA because we get a lot

1081
01:38:17,220 --> 01:38:19,980
of questions about the DCA and their role in the project.

1082
01:38:20,540 --> 01:38:22,800
Then I'll talk a little bit about the types of public engagement

1083
01:38:22,800 --> 01:38:24,140
that we're working on.

1084
01:38:25,880 --> 01:38:28,700
So a little bit of background to your question about whether

1085
01:38:28,700 --> 01:38:31,480
This is the same as water fix or the new water fix.

1086
01:38:32,040 --> 01:38:36,120
In July of 2017, DWR approved a two-tonal conveyance project,

1087
01:38:36,480 --> 01:38:37,400
California Water Fix.

1088
01:38:38,080 --> 01:38:40,680
Then in February of 2019, governor knew some announced

1089
01:38:40,680 --> 01:38:43,480
to support for a single tunnel conveyance project,

1090
01:38:43,840 --> 01:38:45,760
and then issued an executive order in April,

1091
01:38:46,120 --> 01:38:49,500
directing DWR to assess planning for that single tunnel project.

1092
01:38:50,220 --> 01:38:53,480
As a result, in May of 2019, DWR withdrew

1093
01:38:53,480 --> 01:38:55,180
all California Water Fix approval

1094
01:38:55,180 --> 01:38:57,160
and environmental compliance documentation.

1095
01:38:57,160 --> 01:39:01,580
at that point planning for California Water Fix ceased.

1096
01:39:02,520 --> 01:39:05,200
In January of 2020, the state released a draft

1097
01:39:05,200 --> 01:39:08,220
water resilience portfolio and DWR issued a notice

1098
01:39:08,220 --> 01:39:11,580
of preparation or an OP for a proposed single tunnel project.

1099
01:39:12,340 --> 01:39:13,920
So this is a new planning effort.

1100
01:39:14,460 --> 01:39:16,940
We are using information to the extent applicable

1101
01:39:16,940 --> 01:39:19,960
and appropriate from previous efforts is directed by the governor

1102
01:39:19,960 --> 01:39:23,260
but we are starting at the beginning of the planning process.

1103
01:39:26,420 --> 01:39:28,860
So these are some of the key milestones for the project.

1104
01:39:30,640 --> 01:39:35,200
We've started the SQL process now, and mostly I wanted to highlight that we're looking

1105
01:39:35,200 --> 01:39:41,000
at SQL now, we're looking at a draft EIR, around the end of this year, a final EIR

1106
01:39:41,000 --> 01:39:47,640
in early 2022, and a notice of determination shortly thereafter, concurrently we're starting

1107
01:39:47,640 --> 01:39:53,720
work on the Indangird Species Act and California Indangird Species Act compliance, and

1108
01:39:53,720 --> 01:39:57,840
water rates, Delta Plan and Consistency and other environmental permits, these lines show

1109
01:39:57,840 --> 01:40:00,000
periods of more intense activity later in the...

1110
01:40:00,000 --> 01:40:03,140
The process, but we are actually starting work on all of those now.

1111
01:40:06,750 --> 01:40:19,710
So the Delta conveyance environmental review. The purpose is to identify, analyze and disclose the potential significant adverse environmental impacts of a proposed project and provide feasible mitigation measures and alternatives to avoid or reduce such effects.

1112
01:40:20,470 --> 01:40:27,990
So we're starting now with the yellow highlighted box that is the NOP and we've started public scoping meetings on that process.

1113
01:40:27,990 --> 01:40:32,430
And that's a major opportunity for public involvement as highlighted in orange.

1114
01:40:33,070 --> 01:40:43,030
From after the public scoping, we will put together a scoping summary report that documents the contents that we heard during scoping, and that will help inform an agency outreach plan.

1115
01:40:43,690 --> 01:40:52,090
At that point, we'll move into the second step on this chart where we are formulating alternatives further defining the proposed project.

1116
01:40:52,090 --> 01:40:57,130
Developing technical reports to better characterize the technical aspects of the effort

1117
01:40:57,130 --> 01:41:02,130
and using that as the basis for an impact in mitigation analysis. That information will

1118
01:41:02,130 --> 01:41:07,870
be combined into the draft EIR and at that point those orange boxes indicate that's another

1119
01:41:07,870 --> 01:41:13,030
major part of the public involvement outreach. So we will have an opportunity for the public

1120
01:41:13,030 --> 01:41:17,550
to review the draft EIR and we will do a suite of public hearings at that point as well.

1121
01:41:17,930 --> 01:41:21,470
Based on those comments, we will respond to comments and address them as appropriate

1122
01:41:21,470 --> 01:41:26,470
in the Environmental Document, produce the final environmental impact report and develop a notice

1123
01:41:26,470 --> 01:41:32,030
of determination. And the orange boxes highlight major parts of public involvement, but I

1124
01:41:32,030 --> 01:41:36,970
did want to also highlight that you see the stakeholder engagement error sort of to the left

1125
01:41:36,970 --> 01:41:41,690
of the numbers, that we are planning to conduct stakeholder engagement in public outreach throughout

1126
01:41:41,690 --> 01:41:42,790
the entire process.

1127
01:41:46,550 --> 01:41:49,950
So the purpose of the notice appropriation is to document the intent to

1128
01:41:49,950 --> 01:41:52,490
developing EIR for the Delta Convance Project.

1129
01:41:53,230 --> 01:41:56,630
Trigger the start of scoping, describe the proposed projects,

1130
01:41:57,010 --> 01:41:58,850
including probable environmental effects,

1131
01:41:59,510 --> 01:42:01,110
and provide notice about scoping meetings

1132
01:42:01,110 --> 01:42:02,610
and how to make a scoping comment.

1133
01:42:03,330 --> 01:42:06,510
And I did want to highlight that the NOP is not a decision document.

1134
01:42:06,930 --> 01:42:09,270
SQL requires us to include a proposed project

1135
01:42:09,270 --> 01:42:12,310
so that people have something to comment on and react to,

1136
01:42:12,710 --> 01:42:14,330
but that does not indicate a decision.

1137
01:42:14,970 --> 01:42:16,570
We are at the very beginning of this process

1138
01:42:16,570 --> 01:42:18,530
and we won't make a decision until the end

1139
01:42:18,530 --> 01:42:19,770
with the notice of determination.

1140
01:42:23,500 --> 01:42:26,260
The project purpose and objectives reflect the fundamental reasons

1141
01:42:26,260 --> 01:42:28,520
that DWI are is considering this project.

1142
01:42:29,280 --> 01:42:31,200
So the purpose is to develop new diversion

1143
01:42:31,200 --> 01:42:32,920
and convey its facilities in the Delta

1144
01:42:32,920 --> 01:42:35,360
necessary to restore and protect the reliability

1145
01:42:35,360 --> 01:42:37,960
of water deliveries and a cost effective manner

1146
01:42:37,960 --> 01:42:40,600
consistent with the state's water resilience portfolio.

1147
01:42:41,380 --> 01:42:43,380
And the objectives are to address sea level rise

1148
01:42:43,380 --> 01:42:46,760
and climate change, minimize water supply disruption due

1149
01:42:46,760 --> 01:42:49,560
to seismic risk, protect water supply reliability,

1150
01:42:49,560 --> 01:42:51,660
and provide operational flexibility.

1151
01:42:55,470 --> 01:43:00,390
And the proposed project area reflects areas

1152
01:43:00,390 --> 01:43:03,330
that could have both direct and indirect impacts

1153
01:43:03,330 --> 01:43:06,270
with within the Delta, as well as the construction area.

1154
01:43:06,490 --> 01:43:08,950
So construction would occur within the statutory Delta,

1155
01:43:09,430 --> 01:43:10,830
but there could be indirect impacts

1156
01:43:10,830 --> 01:43:12,450
to rivers upstream from the Delta,

1157
01:43:12,870 --> 01:43:14,450
and there could be effects within the areas

1158
01:43:14,450 --> 01:43:16,150
that could receive water from the project,

1159
01:43:16,190 --> 01:43:18,970
shown in green for the state water project service areas,

1160
01:43:19,530 --> 01:43:21,830
and potentially also the Central Valley Project Service

1161
01:43:21,830 --> 01:43:23,130
area is shown in yellow.

1162
01:43:29,080 --> 01:43:33,800
So the proposed project facilities, this map, is a little bit small and some of the screens,

1163
01:43:33,880 --> 01:43:37,720
but I believe that you also have the copy of the notice of preparation in your packets,

1164
01:43:37,880 --> 01:43:39,720
and so this map is from the notice of preparation.

1165
01:43:40,700 --> 01:43:45,540
So the facilities include intake facilities on the Sacramento River, and the map shows three

1166
01:43:45,540 --> 01:43:49,100
potential sites, but we're looking to select two of those three.

1167
01:43:49,460 --> 01:43:54,420
Tunnel reaches and tunnel shafts for the water to be conveyed from those intakes to the

1168
01:43:54,420 --> 01:44:00,100
Delta. Four days, potentially an intermediate and a southern four-way to help manage hydraulics within the

1169
01:44:00,100 --> 01:44:05,760
tunnel. A pumping plant to pump water from the tunnel up into the southern four-way. And convey

1170
01:44:05,760 --> 01:44:10,360
its facilities to convey water from the southern four-way to the south Delta pumping facilities.

1171
01:44:13,980 --> 01:44:19,640
The NOP has two potential corridors for the tunnel. The yellow corridor is similar to the

1172
01:44:19,640 --> 01:44:25,720
old water fix alignment, and the purple corridor is further to the east to help us evaluate trade-offs

1173
01:44:25,720 --> 01:44:27,040
between those two locations.

1174
01:44:27,720 --> 01:44:30,000
At this point, we do not have a preference between the two,

1175
01:44:30,120 --> 01:44:32,060
and we would only be looking to select one.

1176
01:44:32,320 --> 01:44:33,940
We aren't looking to select both.

1177
01:44:38,260 --> 01:44:40,880
The NOP includes a capacity for the proposed project

1178
01:44:40,880 --> 01:44:44,040
of 6,000 cubic feet per second or CFS,

1179
01:44:44,280 --> 01:44:47,500
combined between two intakes of 3,000 CFS each

1180
01:44:47,500 --> 01:44:49,040
located on the Sacramento River.

1181
01:44:49,780 --> 01:44:51,980
And the NOP also identifies that we are looking

1182
01:44:51,980 --> 01:44:55,060
to select alternatives after we receive scope and comments,

1183
01:44:55,260 --> 01:44:57,060
but we will likely consider alternatives

1184
01:44:57,060 --> 01:44:59,940
that have the range of 3,000 CFS to 70.

1185
01:45:00,000 --> 01:45:01,940
1,500 CFS.

1186
01:45:05,450 --> 01:45:12,450
Operations of the facility. The new diversion facility would be operated together with the existing South Delta pumping facilities.

1187
01:45:12,810 --> 01:45:20,670
This would not replace the existing South Delta facilities. So operations would increase DWR's ability to capture water during high flow events.

1188
01:45:21,210 --> 01:45:32,290
The initial operating criteria will be formulated to assess impacts of mitigation, but we do want to highlight that after we do the sequence evaluation, some of the subsequent permits may impose additional restrictions that we would also

1189
01:45:32,290 --> 01:45:33,850
incorporate operations.

1190
01:45:37,900 --> 01:45:41,480
Within the EIR, DWR will select a reasonable range of potentially

1191
01:45:41,480 --> 01:45:45,700
feasible alternatives that meet the project objectives and have the potential to reduce

1192
01:45:45,700 --> 01:45:51,320
impacts. And the Scoping Period provides an opportunity for the public to comment on alternatives.

1193
01:45:52,180 --> 01:45:56,860
After Scoping, we will take the information and feedback that we've received, formulate alternatives

1194
01:45:56,860 --> 01:46:02,500
and publicize those alternatives that we intend to include for detailed evaluation in the draft EIR.

1195
01:46:04,630 --> 01:46:10,610
We are currently in the public scoping period, so we've conducted seven scoping meeting so far.

1196
01:46:10,870 --> 01:46:15,870
We have our last scoping meeting next Monday, the second in redding, and comments are

1197
01:46:15,870 --> 01:46:16,770
due on March 20.

1198
01:46:19,360 --> 01:46:24,060
Before I leave this, I did just want to highlight that any sloping comments, if anyone wants

1199
01:46:24,060 --> 01:46:26,860
to make comments coming so that they're made to date to the board, would not be considered

1200
01:46:26,860 --> 01:46:30,380
as part of our scoping process, so if anyone wants to make comments, it would really encourage

1201
01:46:30,380 --> 01:46:34,740
them to submit them to us directly, and I do appreciate that the board has submitted comments.

1202
01:46:34,740 --> 01:46:36,020
Thank you.

1203
01:46:40,220 --> 01:46:40,520
Go ahead.

1204
01:46:40,980 --> 01:46:41,520
Go ahead.

1205
01:46:42,640 --> 01:46:42,780
Okay.

1206
01:46:44,100 --> 01:46:47,740
So moving on to talk a little bit about the Delta Convention's design and construction authority

1207
01:46:47,740 --> 01:46:48,820
or the DCA.

1208
01:46:49,300 --> 01:46:53,720
It was established as a joint powers authority between the participating public water agencies

1209
01:46:53,720 --> 01:46:55,080
or PWAs.

1210
01:46:55,720 --> 01:47:00,940
The Board of Directors is composed of elected officials from the PWAs and it was originally established

1211
01:47:00,940 --> 01:47:04,020
to have up to seven members and currently has four.

1212
01:47:04,720 --> 01:47:18,900
It was originally established to complete design and construction for the California Waterfix and so the purpose of that organization has had to shift as part of this effort to focus more on design during the planning phase.

1213
01:47:20,120 --> 01:47:31,040
So the DCA and DWR have a joint exercise of powers agreement that was changed to provide design support for environmental planning, so DWR is directing the work and providing oversight.

1214
01:47:31,040 --> 01:47:38,520
And DWR has asked the DCA to develop preliminary designs for the proposed project and alternatives

1215
01:47:38,520 --> 01:47:43,020
when developed to avoid or minimize construction effects to the local communities.

1216
01:47:46,460 --> 01:47:52,120
DWR's role between the DWR and DCA collaboration is that the DWR leads the environmental

1217
01:47:52,120 --> 01:47:55,460
review and planning effort, including SQL and other environmental permits.

1218
01:47:56,240 --> 01:48:00,400
We leave public outreach, public participation, and stakeholder engagement activities.

1219
01:48:00,400 --> 01:48:05,900
We ensure transparency and we're responsible for managing the planning budget and planning schedule.

1220
01:48:06,580 --> 01:48:09,220
Finally, we direct and oversee the work of the DCA.

1221
01:48:12,170 --> 01:48:17,050
Under oversight of DWI, the DCA will conduct engineering and design work to inform the

1222
01:48:17,050 --> 01:48:18,870
environmental review and planning process.

1223
01:48:19,550 --> 01:48:24,790
Identify potential engineering and design strategies to avoid or minimize effects and

1224
01:48:24,790 --> 01:48:29,170
Assistant conducting public outreach, public participation and stakeholder engagement activities.

1225
01:48:31,700 --> 01:48:36,140
Also, the public water agencies that would receive water have a role in this effort, so they

1226
01:48:36,140 --> 01:48:39,960
are providing technical expertise to DWR and the DCI.

1227
01:48:40,160 --> 01:48:45,080
They're collaborating on public participation in public outreach and working to help make

1228
01:48:45,080 --> 01:48:49,680
sure that the planning and project development meet the financial policy, technical, and

1229
01:48:49,680 --> 01:48:53,380
long-term planning needs of their retailers member agencies and ratepayers.

1230
01:48:57,590 --> 01:49:00,770
So the last thing I wanted to talk about was a little bit about what we're doing for public

1231
01:49:00,770 --> 01:49:01,190
engagement.

1232
01:49:01,190 --> 01:49:06,070
So right now we are working on scoping meetings, as I mentioned we've had seven so far.

1233
01:49:06,530 --> 01:49:11,770
We will also have public hearings after the draft is released to have a formal public comment period.

1234
01:49:12,470 --> 01:49:19,890
We're planning to have technical workshops where we are able to present technical information that may be of benefit to people who are interested in the project.

1235
01:49:20,550 --> 01:49:23,110
We are working to have disadvantaged community outreach.

1236
01:49:23,190 --> 01:49:29,150
We understand that for disadvantaged communities it may not be possible or maybe very difficult to come to our scoping meetings.

1237
01:49:29,150 --> 01:49:33,310
and so we're working now to make sure that disadvantaged communities know that scoping is

1238
01:49:33,310 --> 01:49:33,770
underway.

1239
01:49:34,450 --> 01:49:37,510
They know how to submit comments and we help them in any way we can.

1240
01:49:37,950 --> 01:49:42,010
We've also offered to attend meetings in their communities, maybe existing meetings

1241
01:49:42,010 --> 01:49:45,670
that people are already going to to try to make this as easy as possible for them to learn

1242
01:49:45,670 --> 01:49:49,030
about the project and understand ways to submit comments.

1243
01:49:50,310 --> 01:49:54,310
We have the DCA stakeholder engagement committee, which I'll talk about in the next slides.

1244
01:49:54,310 --> 01:49:59,990
And the California Water Commission is that we're planning to report regularly to the country.

1245
01:50:00,000 --> 01:50:04,300
California Water Commission is a way to continue to make public information about the effort.

1246
01:50:07,740 --> 01:50:10,460
So a little bit more about the DCA's stakeholder engagement committee.

1247
01:50:11,000 --> 01:50:16,560
The stakeholder engagement committee has been formed to help identify ways to design and construct the project

1248
01:50:16,560 --> 01:50:20,680
that would avoid or minimize effects to local communities and the Delta as a place.

1249
01:50:21,260 --> 01:50:26,720
It has 17 members representing different key stakeholder groups in the Delta, and it has up to five

1250
01:50:27,280 --> 01:50:33,800
at the moment, I think there are two positions that have been filled, and members do not need to agree with the project.

1251
01:50:34,620 --> 01:50:40,080
I also wanted to highlight that when the members applied to be on the committee, one of the things that was on the application was,

1252
01:50:40,160 --> 01:50:45,920
Crystal, would stakeholder group to represent, but also how would you take this information back to your group,

1253
01:50:45,960 --> 01:50:52,300
how would this information be shared and go beyond just the committee, and so that's part of being on the committee's

1254
01:50:52,300 --> 01:50:55,840
agreement to share and collect information and feedback from their groups.

1255
01:50:58,610 --> 01:51:02,870
So the committee role as a committee of the DCA board, the topics are limited to work

1256
01:51:02,870 --> 01:51:08,410
completed by the DCA. So it's focused on design and construction-related activities. It

1257
01:51:08,410 --> 01:51:13,070
is scheduled to meet once or twice a month. It had five meetings so far and two more meetings

1258
01:51:13,070 --> 01:51:18,130
are scheduled for March and it is a brown-act body so it's subject to all brown-act requirements.

1259
01:51:18,850 --> 01:51:23,810
And it does not take the place of public involvement under sequa, DWR is still planning an extensive

1260
01:51:23,810 --> 01:51:26,150
the public involvement effort under CEQA.

1261
01:51:29,660 --> 01:51:33,020
So for next steps, several components of the project

1262
01:51:33,020 --> 01:51:36,720
would require review pursuant to Title 33 code section

1263
01:51:36,720 --> 01:51:40,100
for our late, specifically the intakes on the Sacramento River

1264
01:51:40,100 --> 01:51:42,880
would involve the board as a non-federal sponsor.

1265
01:51:43,640 --> 01:51:46,120
And so we're going to request approval of a no-objection

1266
01:51:46,120 --> 01:51:48,400
letter in March, so that will be something else

1267
01:51:48,400 --> 01:51:51,040
that you guys are seeing soon from us.

1268
01:51:53,680 --> 01:51:55,840
And I wanted to highlight ways to stay informed.

1269
01:51:56,000 --> 01:51:57,580
The best way to stay informed on Delta

1270
01:51:57,580 --> 01:52:01,280
that we have an email blast, and that comes out on a regular basis.

1271
01:52:01,800 --> 01:52:04,600
You can sign up for the email list on our Delta conveyance website.

1272
01:52:04,860 --> 01:52:06,940
There's a button and it's pretty easy to register.

1273
01:52:07,640 --> 01:52:10,520
Additionally, we have a website, a project hotline,

1274
01:52:10,540 --> 01:52:13,120
DWRS Twitter account, and our project email.

1275
01:52:23,640 --> 01:52:24,120
Okay.

1276
01:52:26,840 --> 01:52:29,080
Who appoints this engagement committee?

1277
01:52:29,920 --> 01:52:31,920
So it is a committee of the DCA board.

1278
01:52:31,920 --> 01:52:42,240
So the DCA board members appointed committee, the committee members, the committee members applied to be on the board, and then the board members reviewed and selected those members.

1279
01:52:45,700 --> 01:52:46,340
Clyde.

1280
01:52:46,440 --> 01:52:48,080
Yeah, just two questions, Kerry.

1281
01:52:49,100 --> 01:52:55,860
First, would the, would this connect with the Clifton Court, or does it connect to the, to the Tracy pumps?

1282
01:52:56,380 --> 01:52:59,140
So the proposed project does not connect to Clifton Court.

1283
01:52:59,140 --> 01:53:04,140
it has a separate southern forbe, and then it would have a direct connection to banks and or

1284
01:53:04,140 --> 01:53:04,820
Jones.

1285
01:53:07,160 --> 01:53:10,240
Oh, but the idea would be to put the water into the state water project.

1286
01:53:10,860 --> 01:53:14,500
So right now, reclamation has not identified if they want to be involved.

1287
01:53:14,800 --> 01:53:18,800
So the proposed project definitely includes a connection to the state water project facilities

1288
01:53:18,800 --> 01:53:22,440
and identifies the potential that there could be a connection to the Central Valley project

1289
01:53:22,440 --> 01:53:22,920
facilities.

1290
01:53:23,380 --> 01:53:23,640
Okay.

1291
01:53:23,820 --> 01:53:24,540
Second question.

1292
01:53:24,540 --> 01:53:32,520
What are the advantages and disadvantages of the two alignments that you have?

1293
01:53:32,660 --> 01:53:38,300
I mean, obviously a straight alignment kind of obvious sense in a kind of without knowing a lot.

1294
01:53:39,060 --> 01:53:43,340
But why the second one and what are the pros and cons of each it as you identify them now?

1295
01:53:43,640 --> 01:53:45,880
So I think it's too early for us to really know them all.

1296
01:53:46,080 --> 01:53:48,620
That's part of the reason we want to study them in the environmental document.

1297
01:53:48,740 --> 01:53:53,780
But the reason we started considering it is that we started to really understand that the

1298
01:53:53,780 --> 01:53:59,540
driver for construction-related effects is accessing the major points of construction, which for

1299
01:53:59,540 --> 01:54:04,960
this type of project include the intakes, the tunnel shafts or drive shafts, where the tunnels

1300
01:54:04,960 --> 01:54:09,220
are launched as well as maintenance and retrieval shafts, which are much smaller, and then

1301
01:54:09,220 --> 01:54:09,920
the four base.

1302
01:54:10,360 --> 01:54:14,580
And so because the shafts, particularly would be in the central delta, that's a little more

1303
01:54:14,580 --> 01:54:19,060
difficult to access from i5, for example, and also area railroads.

1304
01:54:19,060 --> 01:54:28,920
So we wanted to look at an option of moving it a little closer to I5 to see if that could reduce the effects associated with needing to get facilities to inform construction sites.

1305
01:54:29,420 --> 01:54:36,820
However, we haven't investigated the environmental effects yet of those areas as much, so we're not sure what we'll find yet that's part of what we're looking for in scoping.

1306
01:54:37,460 --> 01:54:45,640
And we know there's concerns about from Stockton residents that it's moving in a bit closer to Stockton and that could produce additional effects there that we haven't fully assessed yet.

1307
01:54:46,260 --> 01:54:46,920
Thank you.

1308
01:54:48,880 --> 01:54:57,880
Okay, any other questions for Carrie now this is going to be before us again in March

1309
01:55:01,720 --> 01:55:06,000
Okay, just for the four o'clock.

1310
01:55:08,900 --> 01:55:14,580
Okay, I guess I'll turn this back to Darren, or are we going to have?

1311
01:55:17,220 --> 01:55:20,060
Thank you, President. We also have Captain Marquez here to talk about.

1312
01:55:20,640 --> 01:55:25,540
Now, the other fades are a different part of the project, dealing with soils investigations in the Delta.

1313
01:55:28,200 --> 01:55:33,460
Oh, the one thing I forgot to ask, Kerry, Darren, is there going to be an EIS on this project?

1314
01:55:35,030 --> 01:55:42,250
So, there will need to be need book compliance because the court will definitely be involved in permitting the effort.

1315
01:55:42,990 --> 01:55:46,150
Reclamation may or may not choose to be involved as well.

1316
01:55:46,330 --> 01:55:49,630
There is still discussion on going about the need of phase.

1317
01:55:50,250 --> 01:55:54,930
However, when that initiates there will be a notice of intent and additional scoping on that side.

1318
01:55:55,390 --> 01:55:57,910
Okay, so there will be two separate documents as well.

1319
01:55:58,610 --> 01:56:03,950
That's not clear yet. I think that we would like ideally to try to have a combined document later in the process,

1320
01:56:03,950 --> 01:56:05,810
but we don't know yet how that will work.

1321
01:56:06,190 --> 01:56:06,730
OK, thanks, Gary.

1322
01:56:10,470 --> 01:56:11,710
Hi, I'm Katherine Marquez.

1323
01:56:11,830 --> 01:56:13,050
Thanks for having me here.

1324
01:56:13,510 --> 01:56:14,850
So I'm going to be talking to you guys

1325
01:56:14,850 --> 01:56:17,550
about the soil investigations for data collection in the Delta.

1326
01:56:18,810 --> 01:56:21,290
This is an effort for which DWR prepared

1327
01:56:21,290 --> 01:56:23,990
in initial study and proposed mitigated negative declaration.

1328
01:56:25,110 --> 01:56:27,710
The project objective for this specific project

1329
01:56:27,710 --> 01:56:29,690
is to determine the composition location

1330
01:56:29,690 --> 01:56:32,850
and geotechnical properties of soil materials

1331
01:56:32,850 --> 01:56:35,870
found in the Delta, which would then inform the design,

1332
01:56:35,870 --> 01:56:40,910
environmental analysis and development of alternatives for a potential delta commands project

1333
01:56:40,910 --> 01:56:45,330
and contribute to DWR as overall understanding of delta geology.

1334
01:56:46,850 --> 01:56:51,190
The project location, which you'll see in a second, is pretty broad. It's within the legal

1335
01:56:51,190 --> 01:56:57,090
delta in Alameda, Contrapasta, Sacramento, Solano, San Joaquin, and Yolo Counties.

1336
01:56:57,990 --> 01:57:04,630
And I have on there which is pretty small to see, but the website which carry also referenced

1337
01:57:04,630 --> 01:57:09,790
in her presentation and much larger, but specifically the environmental planning section of that

1338
01:57:09,790 --> 01:57:14,910
website, which has all of the information associated with the ISM&D.

1339
01:57:17,820 --> 01:57:19,740
So for the ISM&D, we went out

1340
01:57:19,740 --> 01:57:27,220
for public comment on November 20th through January 15th. Right now we are in the process of considering

1341
01:57:27,220 --> 01:57:33,280
all the comments that we received, including the boards comment letter. And we are reviewing those

1342
01:57:33,280 --> 01:57:38,200
comments alongside with the proposed mitigated negative declaration prior to making a determination

1343
01:57:38,200 --> 01:57:44,160
on whether to adopt a final mitigated negative declaration and making a decision on the proposed project.

1344
01:57:45,840 --> 01:57:51,060
If the project is approved, decision documents and a notice of determination would be filed per

1345
01:57:52,760 --> 01:57:58,820
and also it would be posted on our web page and an email notification will be sent out.

1346
01:57:58,940 --> 01:58:04,000
Again, this is if you're signed up on that e-blast that Kerry had mentioned before.

1347
01:58:06,820 --> 01:58:09,900
So, for the proposed project, I know this map is really hard to see.

1348
01:58:10,380 --> 01:58:17,040
And what I was just trying to show you here is a general overview of the overall proposed project for the ISM&D.

1349
01:58:17,040 --> 01:58:20,620
I will have maps later on my presentation that are much more zoomed in.

1350
01:58:20,720 --> 01:58:24,700
There is a map associated with the ISM and D itself that can be found on our web page.

1351
01:58:25,140 --> 01:58:30,580
This is a screenshot of the actual cams e-files, so the Google Earth files that we made available

1352
01:58:30,580 --> 01:58:33,740
to the public during the public comment period.

1353
01:58:34,360 --> 01:58:41,500
So we posted and noticed, we posted on our website that we would provide the GIS data

1354
01:58:41,500 --> 01:58:44,300
or Google Earth files to anyone who requested.

1355
01:58:44,720 --> 01:58:46,640
We did get some of our requests for that.

1356
01:58:48,380 --> 01:58:52,260
So just to orient you here, the overall proposed

1357
01:58:52,260 --> 01:58:56,140
project included 103 comb and penetration tests.

1358
01:58:56,280 --> 01:58:57,700
So these are CTTs.

1359
01:58:57,780 --> 01:59:00,120
They're about to 200 feet deep, and I'll explain

1360
01:59:00,120 --> 01:59:03,440
in each of these steps, so no little more detail later.

1361
01:59:04,420 --> 01:59:09,940
Just to explain on the map, the CTTs are the green circles

1362
01:59:09,940 --> 01:59:15,220
with green triangles in the middle. The soil boring, so we're proposed to where there are

1363
01:59:15,220 --> 01:59:22,900
approximately 100 and there were 167 on land soil borings for post. Those icons are the sort

1364
01:59:22,900 --> 01:59:31,680
of checker board circles. About 22 of those were up to 50 feet deep and 145 were up to 200 feet

1365
01:59:31,680 --> 01:59:39,140
deep. They were also over water borings that were proposed. Those are the blue squares on the map

1366
01:59:39,140 --> 01:59:42,120
And those are up to 200 feet below my line.

1367
01:59:42,720 --> 01:59:45,080
We also proposed to do some geophysical testing

1368
01:59:45,080 --> 01:59:48,320
arrays on bold and island, which you can't actually

1369
01:59:48,320 --> 01:59:52,540
see here, because icons are really big in this view.

1370
01:59:53,020 --> 01:59:56,080
But the nice part about Google Earth

1371
01:59:56,080 --> 01:59:59,320
is that you can really easily zoom in on the aerial imagery.

1372
02:00:00,000 --> 02:00:02,800
I mean, single one of these individual sites.

1373
02:00:04,900 --> 02:00:07,880
I think there's laser pointer. Okay, this laser pointer doesn't work.

1374
02:00:08,600 --> 02:00:12,920
All right, so the overall project description.

1375
02:00:13,260 --> 02:00:20,660
So I'm going to walk through the project description as opposed in the ISM and D, but sort of from the,

1376
02:00:20,760 --> 02:00:23,220
now we have all our permits, these are the steps we would take.

1377
02:00:24,440 --> 02:00:28,920
So the first thing, of course, is to get all the permits that we need to do the work,

1378
02:00:28,920 --> 02:00:41,020
get all the property access permissions to access the sites during that process of working with the land management agencies for encryption permits or the land out the private land owners themselves for temporary entry permits

1379
02:00:41,020 --> 02:00:48,980
We would then confirm the appropriate access routes and the final locations of the soil investigation sites based upon their input

1380
02:00:50,500 --> 02:00:56,660
Once we have all of that in hand, then the field of work commences, so this would start with

1381
02:00:56,660 --> 02:01:03,940
a site clearance, and DWR is standard practice for this kind of effort would be to

1382
02:01:04,600 --> 02:01:09,360
sound like a lot of people, but to go out there together and sort of look at the different

1383
02:01:09,360 --> 02:01:13,580
resource areas and perspectives at the same time so that a consensus can be made in the field.

1384
02:01:13,580 --> 02:01:22,520
So this includes a biologist and archaeologist and depending on tribal consultation, it could be a tribal representative.

1385
02:01:23,540 --> 02:01:26,520
The geologist of real estate representative and the drilling contractor.

1386
02:01:27,420 --> 02:01:31,060
And the purpose for this is that they're all going to be looking for different things.

1387
02:01:31,800 --> 02:01:35,840
So the drilling contractor might be looking for access and safety issues,

1388
02:01:36,480 --> 02:01:38,860
whereas the biologist is going to be doing wildlife surveys.

1389
02:01:40,180 --> 02:01:48,080
So, if, for example, a drilling contractor needs to move aside 50 feet east because of some

1390
02:01:48,080 --> 02:01:53,020
access issue, the wildlife person or the biologists can now make sure that they're buffer

1391
02:01:53,020 --> 02:01:55,760
area that they're surveying for wildlife also includes that area.

1392
02:01:57,880 --> 02:02:03,140
At this point in time, they would identify also any vegetation that might need to be disturbed

1393
02:02:03,140 --> 02:02:04,520
for this for access.

1394
02:02:04,520 --> 02:02:10,620
This is really just minor vegetation, potentially mowing, or termina bushes, maybe a branch,

1395
02:02:11,140 --> 02:02:14,020
but this wouldn't be done until we had approval from the landowner.

1396
02:02:14,880 --> 02:02:19,980
And of course, surveys and everything to make sure that that vegetation is insensitive,

1397
02:02:20,140 --> 02:02:25,060
or there's no wildlife associated with that vegetation that we would have concerns for.

1398
02:02:26,640 --> 02:02:33,040
So after the site clearance, the location would be marked in the field with a stake.

1399
02:02:33,040 --> 02:02:39,740
It would also be marked with a GPS unit when they come back and do the work later on prior to the

1400
02:02:39,740 --> 02:02:44,300
Drowberg entry in the site, the environmental monitor would then survey the site again, confirm anything

1401
02:02:44,300 --> 02:02:51,260
that any resources that were identified during the original site clearance and then make sure that no new

1402
02:02:51,260 --> 02:02:58,700
wildlife has entered the site. Just for explanation, the ISM&D included maximum numbers of equipment

1403
02:02:58,700 --> 02:03:06,240
and people on site, but the average born in our CPT site is really going to consist of mainly

1404
02:03:06,240 --> 02:03:12,840
the drill rig and CPT or CPT rig, which is managed typically by two or three people from the

1405
02:03:12,840 --> 02:03:19,180
drilling contractor, AGologists or two, and an environmental monitor. So, handful of people and

1406
02:03:20,360 --> 02:03:22,040
a few vehicles in the drill rig.

1407
02:03:24,400 --> 02:03:27,520
So, going into more explanation on the individual types of

1408
02:03:27,520 --> 02:03:34,140
investigations, CPTs, these comb penetration tests consists of a one-to-two inch rod that gets

1409
02:03:34,140 --> 02:03:39,540
pushed into the ground and it has gauges and sensors that continuously collect data throughout

1410
02:03:39,540 --> 02:03:47,120
that process once they get to the desired depth that hold and gets grounded and that's the

1411
02:03:47,120 --> 02:03:56,100
end of the CPT. For soil boreings, they can range in diameter from 48 inches if they're using a

1412
02:03:56,100 --> 02:04:03,300
It's 60 inches if they're not using a casing. It's four to six inches. For on land, we're typically not using a casing.

1413
02:04:05,300 --> 02:04:12,860
And we use mud rotary drilling, so that has drilling fluids, which are typically drilling polymers and or a bit in my clay.

1414
02:04:13,620 --> 02:04:19,300
This is all connected in hoses to recirculation tanks. It's a contained system.

1415
02:04:19,300 --> 02:04:23,460
And the drill cuttings themselves, if they're drilling,

1416
02:04:23,680 --> 02:04:26,360
get collected in those recirculation tanks as well.

1417
02:04:27,000 --> 02:04:28,660
And when the drilling is done,

1418
02:04:28,940 --> 02:04:30,700
that material all gets put into drums

1419
02:04:30,700 --> 02:04:31,860
and is supposed to be the landfill.

1420
02:04:34,380 --> 02:04:36,480
Again, once the holes are done,

1421
02:04:36,720 --> 02:04:38,160
they've gotten all the data they needed.

1422
02:04:38,480 --> 02:04:40,480
It gets grounded and sealed that way.

1423
02:04:41,140 --> 02:04:43,400
For overwater borings, it's the same process

1424
02:04:43,400 --> 02:04:46,200
with the exception of the use of a casing.

1425
02:04:47,140 --> 02:04:49,360
A casing, if you just visualize it,

1426
02:04:49,360 --> 02:04:55,220
really just like a giant straw that they push into the sediment, the soft sediments, and then

1427
02:04:55,220 --> 02:04:59,700
all the drilling occurs within that casing. So everything that happens is all contained.

1428
02:05:00,050 --> 02:05:03,310
And the same process occurs.

1429
02:05:05,570 --> 02:05:08,950
The geophysical surveys, I'm not going to go into a lot of detail about those.

1430
02:05:10,610 --> 02:05:24,470
The purpose of the geophysical surveys is to test a handful of different non-invasive techniques that would identify subsurface conditions without any drilling or excavation.

1431
02:05:24,470 --> 02:05:27,970
And this could be buried casings or abandoned wells.

1432
02:05:28,750 --> 02:05:37,970
They do this with electromagnetic meters and by a small machinery that causes vibrations

1433
02:05:37,970 --> 02:05:38,690
and sensors.

1434
02:05:39,550 --> 02:05:42,010
This is usually handheld equipment.

1435
02:05:43,790 --> 02:05:46,470
Things that may be decisable long-goer, that kind of thing.

1436
02:05:49,780 --> 02:05:53,640
So for permits, we've already applied for several permits here.

1437
02:05:53,640 --> 02:05:57,360
We submitted applications under Fish and Game Code 1600,

1438
02:05:57,720 --> 02:05:59,100
sourced streambed alteration agreement,

1439
02:06:00,340 --> 02:06:02,540
submitted applications for coverage under the Clean Water Act

1440
02:06:02,540 --> 02:06:05,300
Section 401 and Section 404,

1441
02:06:05,620 --> 02:06:07,140
along with our 404 application,

1442
02:06:07,400 --> 02:06:09,920
we submitted a biological assessment for Section 7

1443
02:06:09,920 --> 02:06:12,660
consultation under the Endangered Species Act,

1444
02:06:13,320 --> 02:06:16,440
and cultural resources inventory for Section

1445
02:06:16,440 --> 02:06:19,980
coverage under Section 106 of the National Historic Preservation Act,

1446
02:06:20,460 --> 02:06:22,840
and we are currently in the process of developing

1447
02:06:22,840 --> 02:06:27,740
our encroachment permit application package for the centrality flood protection board.

1448
02:06:30,420 --> 02:06:39,420
So, if the M&D is approved, the plan is to start the soil investigation field of work in the summer of this year,

1449
02:06:39,760 --> 02:06:45,080
but the sites that are under the floodboards jurisdiction wouldn't be planned until next year.

1450
02:06:45,620 --> 02:06:47,360
So, they'll lag by about a year.

1451
02:06:47,360 --> 02:06:50,840
And, like I said, we're preparing that

1452
02:06:50,840 --> 02:06:54,140
at Coachment Permit Application Package now with the DCA

1453
02:06:54,140 --> 02:06:56,720
and it'll include a drilling program plan.

1454
02:06:58,380 --> 02:07:00,660
And we have identified preliminary,

1455
02:07:00,940 --> 02:07:04,040
which sites we believe fall under the board's jurisdiction,

1456
02:07:04,220 --> 02:07:06,140
but we'd like to verify that with staff.

1457
02:07:07,080 --> 02:07:09,960
Sometimes it's a little difficult to change this in different areas,

1458
02:07:10,520 --> 02:07:12,300
as far as the buffers from the levees.

1459
02:07:12,980 --> 02:07:14,780
So we would like to verify that with staff,

1460
02:07:14,780 --> 02:07:18,260
but I do have slides showing what those areas are.

1461
02:07:18,660 --> 02:07:21,080
The next steps would then be after following this briefing,

1462
02:07:21,740 --> 02:07:23,640
it would be to set up a pre-application meeting.

1463
02:07:26,790 --> 02:07:29,790
So, again, sorry for the difficulty to see the slide,

1464
02:07:30,150 --> 02:07:33,250
but right here what I'm showing you are three CPTs.

1465
02:07:33,410 --> 02:07:35,610
They're about, they're up to 200 feet deep.

1466
02:07:35,910 --> 02:07:38,150
Those are, again, the circles with the green triangles.

1467
02:07:38,310 --> 02:07:40,430
You'll see them on the deep water ship channel.

1468
02:07:40,630 --> 02:07:43,810
If you orient yourself, highway five is,

1469
02:07:43,830 --> 02:07:45,170
I don't know which view you're looking off,

1470
02:07:45,170 --> 02:07:47,450
but up in that right hand corner

1471
02:07:47,450 --> 02:07:48,870
and the deep watershed channel,

1472
02:07:48,870 --> 02:07:51,670
sort of running down the middle to the left.

1473
02:07:53,410 --> 02:07:56,210
So there you'll see three along that area.

1474
02:07:59,840 --> 02:08:01,620
For on land-borns, again, sorry.

1475
02:08:02,360 --> 02:08:05,100
CPTs, they're always on land, so these would be in the living,

1476
02:08:05,280 --> 02:08:06,260
not in the channel themselves.

1477
02:08:08,220 --> 02:08:12,160
For on-land-borns, this map is a zoomed in area

1478
02:08:12,160 --> 02:08:13,800
of where most of them are gonna occur.

1479
02:08:13,960 --> 02:08:16,040
They're a total of 25 that we think might be

1480
02:08:16,040 --> 02:08:21,100
within your jurisdiction, this map shows 23 of them,

1481
02:08:21,300 --> 02:08:23,380
and they run along the Sacramento River

1482
02:08:23,380 --> 02:08:28,180
along Highway 160, sort of a little lower down on the map

1483
02:08:28,180 --> 02:08:29,800
towards the middle that's Hood Franklin Road

1484
02:08:29,800 --> 02:08:31,360
just to orient you.

1485
02:08:32,660 --> 02:08:36,620
All of these are up to 175 feet deep,

1486
02:08:37,000 --> 02:08:40,260
except for one, and I wish I could point to it

1487
02:08:40,260 --> 02:08:43,080
but it's sort of a middle of that bottom cluster.

1488
02:08:46,880 --> 02:08:50,140
be remaining two that weren't on that other map for on-line

1489
02:08:50,140 --> 02:08:55,360
boorings. One is along the levee on the ship channel, which you'll see sort of

1490
02:08:55,360 --> 02:09:02,000
toward the bottom left-hand corner here. And on that bottom tip of Grand

1491
02:09:02,000 --> 02:09:06,880
Island Highway 12 is running through the middle of this map just to orient you.

1492
02:09:09,560 --> 02:09:09,740
For

1493
02:09:09,740 --> 02:09:15,300
overwater boorings, this is where the majority of the overwater boorings are occurring

1494
02:09:15,300 --> 02:09:18,780
Again, over to the right, you'll see highway 160

1495
02:09:18,780 --> 02:09:19,960
in the Sacramento River.

1496
02:09:21,060 --> 02:09:24,700
There are about 10 over water borings along that line.

1497
02:09:25,420 --> 02:09:27,340
There is an over water boring.

1498
02:09:27,600 --> 02:09:30,140
If you're moving to the left a little bit,

1499
02:09:30,440 --> 02:09:31,720
somewhere in the middle of that image,

1500
02:09:31,900 --> 02:09:33,360
there's one on elk's slew.

1501
02:09:33,940 --> 02:09:37,400
And there's one on set or slew lower down from that.

1502
02:09:37,660 --> 02:09:40,220
And then you'll see three along the deep water ship channel.

1503
02:09:43,030 --> 02:09:45,470
The additional ones that weren't on that map

1504
02:09:45,470 --> 02:09:52,070
where there's two more on the deep watershed channel, and then you'll see if you hear a

1505
02:09:52,070 --> 02:09:58,090
two more lower down on the deep watershed channel. One, I would call that, I guess, cash

1506
02:09:58,090 --> 02:09:59,970
flew towards the end tip of gray.

1507
02:10:00,000 --> 02:10:11,940
And I'll end two on steamboat slew if you follow that up and through the middle and then one on the Sacramento over to the bottom right of the image.

1508
02:10:13,720 --> 02:10:16,340
So those are the same presentation.

1509
02:10:19,440 --> 02:10:28,260
Are there any other in-depth studies that are going to be done that will inform the conveyance project?

1510
02:10:28,260 --> 02:10:42,880
This is the story of study, and you're going to be looking at cultural resources of everything else, I guess, as you do these boring, but are there any other geological studies or other studies that have to be done?

1511
02:10:47,040 --> 02:10:53,060
So this project is, like I said, there was a review of the data that we already had along,

1512
02:10:53,180 --> 02:10:54,260
like we didn't see that.

1513
02:10:54,540 --> 02:10:58,320
There was a review of the data that geotechnical data that we had as a department.

1514
02:10:58,480 --> 02:11:03,180
We also solicited or the DCA for a solicited additional data from other projects going on

1515
02:11:03,180 --> 02:11:10,100
in the Delta like bridge construction projects and so they collected all of that and they chose

1516
02:11:10,100 --> 02:11:12,040
these locations based on the data gaps.

1517
02:11:12,040 --> 02:11:27,840
So as far as Delta Geology is concerned, this is what we feel as a good amount of information to support the consideration of Delta Geology for a new design and construction project.

1518
02:11:28,240 --> 02:11:29,700
Okay, that's what I wanted to know.

1519
02:11:29,920 --> 02:11:35,240
So you took, these are the studies that necessary to fill the gap then.

1520
02:11:35,380 --> 02:11:40,640
This is to fill the data gaps, and that's not to say that additional geotechnical information might not be necessary.

1521
02:11:40,640 --> 02:11:45,060
way down the line or even a little further down the line,

1522
02:11:47,700 --> 02:11:51,660
but any engineer, I don't do technical

1523
02:11:51,660 --> 02:11:58,340
engineer will tell you that when you're in construction, you're going to have more closer

1524
02:11:58,340 --> 02:12:02,800
located geotechnical data points that you might want to look at that kind of thing. So this

1525
02:12:02,800 --> 02:12:08,000
is not the end of the geotechnical studies that might need to be done if a project is approved,

1526
02:12:08,000 --> 02:12:18,560
But for the purposes of considering alternatives and looking at a new project right now, this is what we've proposed.

1527
02:12:18,920 --> 02:12:19,560
Okay.

1528
02:12:24,460 --> 02:12:26,080
Any other questions for Kathleen?

1529
02:12:28,720 --> 02:12:29,960
Thank you.

1530
02:12:30,580 --> 02:12:32,880
Thank you, President Agar.

1531
02:12:33,720 --> 02:12:37,280
At your convenience, I believe there may be some comments from the audience.

1532
02:12:40,410 --> 02:12:42,670
Any questions from the board at this point?

1533
02:12:42,670 --> 02:12:45,510
Okay, I'll open it up to comments from the public.

1534
02:12:52,110 --> 02:12:52,530
I'm Melinda.

1535
02:12:52,970 --> 02:12:54,650
Hello again, Melinda Terry,

1536
02:12:54,750 --> 02:12:56,130
Central Valley Flood Control Association.

1537
02:12:56,510 --> 02:12:58,870
These are two separate agenda items.

1538
02:12:59,050 --> 02:13:00,450
So I hope I am granted time.

1539
02:13:00,630 --> 02:13:02,110
I would like to talk about them separately.

1540
02:13:02,570 --> 02:13:03,010
Yeah, sure.

1541
02:13:03,570 --> 02:13:09,670
So first, I'll start with the NOP for the new Delta

1542
02:13:09,670 --> 02:13:12,170
Command's Project, the DCP, and that's

1543
02:13:12,170 --> 02:13:13,650
to be confused with the DCA.

1544
02:13:14,670 --> 02:13:16,610
But obviously this is the scoping period.

1545
02:13:16,610 --> 02:13:28,770
So we really hope that the flood board is going to comment and I'm just going to bring up some things that we hope you will consider both in this scoping phase and as it moves forward in your permitting phase.

1546
02:13:29,950 --> 02:13:39,630
But obviously the entire project has several modifications, alteration or encroachment, if you will, to the state plan of flood control facilities.

1547
02:13:39,630 --> 02:13:45,850
on the levees, you have the in-takes, and you also have anywhere between six-nate

1548
02:13:45,850 --> 02:13:50,090
barge facilities that they need to bring in a large of a lot of large

1549
02:13:50,790 --> 02:13:54,150
equipments and construction materials.

1550
02:13:56,290 --> 02:13:58,510
And in addition, so one of the things to

1551
02:13:58,510 --> 02:14:02,470
think about when you're doing that is not only will those particularly the

1552
02:14:02,470 --> 02:14:07,010
in-takes be a permanent encroachment into the floodflow capacity of that

1553
02:14:07,010 --> 02:14:10,390
But each of those barges will as well.

1554
02:14:10,950 --> 02:14:12,430
I'm not sure they call it temporary,

1555
02:14:12,510 --> 02:14:14,710
but this is a 14-year construction period.

1556
02:14:15,110 --> 02:14:18,950
We are guaranteed to have high water every single year

1557
02:14:18,950 --> 02:14:21,930
and really high water at least once during that,

1558
02:14:21,930 --> 02:14:25,570
you know, it probably twice during that 15-14-15-year period.

1559
02:14:26,870 --> 02:14:30,090
And the coffer dams themselves prior to these being built,

1560
02:14:30,830 --> 02:14:34,350
that will be again encroaching and reducing this floodflow capacity,

1561
02:14:34,350 --> 02:14:40,330
which means that water level is rising, so we have to accommodate that. Are they raising the

1562
02:14:40,330 --> 02:14:44,970
levees upstream and downstream so that we don't have overtopping in the delta? Because we haven't

1563
02:14:44,970 --> 02:14:50,590
had overtopping since the 80s, we don't want that to come back. Or is there a setback proposed

1564
02:14:50,590 --> 02:14:58,090
for the west side project levee? These are really things we hope you will consider and look at.

1565
02:15:00,000 --> 02:15:11,620
The levy stability is a big issue when you have a 14-year construction project that is going to require de-watering, that could affect the material in those levees.

1566
02:15:12,540 --> 02:15:23,560
These are every 75 feet apart. It's extensive de-watering. And then you also have vibration from that, right? Then you've got the pile driving from all these shafts that are going to be built.

1567
02:15:23,560 --> 02:15:25,260
the end takes these barge facilities.

1568
02:15:25,860 --> 02:15:27,280
They have a lot of other construction sites

1569
02:15:27,280 --> 02:15:30,420
about 21 facilities being built.

1570
02:15:30,720 --> 02:15:32,540
Some of them are going to have that pile driving.

1571
02:15:33,100 --> 02:15:34,700
On top of that, you get the vibrations

1572
02:15:34,700 --> 02:15:36,380
from the truck traffic.

1573
02:15:36,820 --> 02:15:39,640
Muck trucks, I know, we're going to do eight trips per day.

1574
02:15:39,760 --> 02:15:42,000
How many trucks are doing eight trips per day?

1575
02:15:42,240 --> 02:15:45,620
I'm not sure of, but you've also got concrete plants

1576
02:15:45,620 --> 02:15:46,540
and fuel stations.

1577
02:15:46,540 --> 02:15:49,520
A lot of truck traffic that is going over these levies.

1578
02:15:49,740 --> 02:15:51,760
So it's that cumulative impact

1579
02:15:51,760 --> 02:15:53,460
that I would call seismic.

1580
02:15:54,460 --> 02:15:57,700
And you've got under ground tunneling.

1581
02:15:57,900 --> 02:16:00,980
There's a lot of vibration activity that we don't know.

1582
02:16:01,140 --> 02:16:03,920
How's going to affect these levels that we hope you will consider.

1583
02:16:06,380 --> 02:16:09,600
And then going back to that cumulative impacts,

1584
02:16:09,760 --> 02:16:12,990
the cumulative impacts of that flood flow capacity loss.

1585
02:16:13,700 --> 02:16:16,160
So you've got three intakes on the Sacramento River,

1586
02:16:16,360 --> 02:16:21,740
plus you have eight barges that are located in different

1587
02:16:21,740 --> 02:16:27,440
Each of them are designed to have a certain flood flow capacity, what's that loss of capacity

1588
02:16:27,440 --> 02:16:32,560
in each of those on a cumulative basis to your system in that part?

1589
02:16:33,000 --> 02:16:37,360
Because that needs to be analyzed and hope that you'll look at that as well.

1590
02:16:37,720 --> 02:16:43,220
We obviously will have a change in the hydrodynamics, which could create erosion and maintenance

1591
02:16:43,220 --> 02:16:48,200
issues on your system, that really needs to be looked at.

1592
02:16:48,200 --> 02:17:02,700
And then finally really a big issue during a 14-year construction project is how is it going to, in fact, your LMAs being able to do their loving inspections, their annual maintenance,

1593
02:17:03,600 --> 02:17:11,200
to get to bullets in 1952, 802, and of course their fled fighting and repair.

1594
02:17:12,480 --> 02:17:18,040
That really all needs to occur, you know, particularly the inspections and maintenance on an annual basis,

1595
02:17:18,820 --> 02:17:23,560
and really needs to be accommodated and can't, you know, be satisfied for any given year.

1596
02:17:23,660 --> 02:17:30,640
So that's that one, and then I'll move on to the second agenda item, which is the Delta Drilline negative duck.

1597
02:17:32,740 --> 02:17:37,920
Obviously, one of the things I was kind of hoping today, and it wasn't as specific, maybe,

1598
02:17:38,160 --> 02:17:43,160
and so I don't know, it sounds like you've got a permit pending and coming, and I am hoping

1599
02:17:43,160 --> 02:17:47,960
during your process, there can be more detailed discussion of where these locations really

1600
02:17:47,960 --> 02:17:48,260
are.

1601
02:17:48,380 --> 02:17:50,820
Out of that, what did she say?

1602
02:17:51,760 --> 02:17:57,720
I think there was 25 borings in your jurisdiction that were on land.

1603
02:17:59,020 --> 02:18:03,820
Where exactly were those were they going to go through the levy or the adjacent to the levy?

1604
02:18:04,220 --> 02:18:09,540
I know our LMAs have different concerns on whether they're through or next to because there's

1605
02:18:09,540 --> 02:18:16,380
Artesian Will, a well potential, but it also where exactly are those going to be so that we know

1606
02:18:16,380 --> 02:18:21,960
or they project non-project to dealing with you and really what the condition of those levy's are.

1607
02:18:21,960 --> 02:18:28,960
Another issue that we had raised with the DCA was the sharing of that boring information

1608
02:18:28,960 --> 02:18:32,360
with the local LMA in if it's a project levy with you.

1609
02:18:32,620 --> 02:18:37,440
That can be extremely useful as you can imagine for all of us to know what's inside

1610
02:18:37,440 --> 02:18:39,760
of where the boring is occurring.

1611
02:18:40,180 --> 02:18:47,540
At the last stakeholder engagement meeting, they did say that they don't think they're

1612
02:18:47,540 --> 02:18:49,380
going to be able to share that information now.

1613
02:18:49,580 --> 02:18:51,080
It might be a legal reason.

1614
02:18:51,080 --> 02:19:00,080
So I think we need to continue those conversations and help each other in that and try to find our way around that.

1615
02:19:00,740 --> 02:19:11,780
And the location of where these are is really important because as I said, I guess this last month's meeting when I brought this up and request this item and I forgot to say thank you for having this on the agenda.

1616
02:19:11,780 --> 02:19:22,320
as I did ask for it, so I appreciate it, is so that we could have a better idea of, you know,

1617
02:19:22,400 --> 02:19:25,760
where are the interference with, because we got the same interference issues in the terms

1618
02:19:25,760 --> 02:19:31,020
of our annual inspections, you know, the maintenance, the repair, the flood fighting, what

1619
02:19:31,020 --> 02:19:31,460
the boring.

1620
02:19:31,460 --> 02:19:35,800
I'm not exactly sure what time of year, you know, how long it's going to be, but we really

1621
02:19:35,800 --> 02:19:39,500
hope that through your permitting process, we're going to make sure to accommodate that

1622
02:19:39,500 --> 02:19:44,820
conditions are set, so that any, particularly improvement and repair work that needs to

1623
02:19:44,820 --> 02:19:48,600
occur, it's not going to be affected, and that's why these specific sites would really,

1624
02:19:48,600 --> 02:19:52,880
really be important, because as you know, our folks kind of know what they have planned out ahead,

1625
02:19:52,980 --> 02:19:55,680
and I don't want to have that interference.

1626
02:19:59,120 --> 02:19:59,980
But, and as I had mentioned,

1627
02:20:00,000 --> 02:20:07,060
At the last meeting, the M&D didn't actually have any discussion of, okay, we're going to be boring in

1628
02:20:07,060 --> 02:20:14,720
through or, you know, next to levees and so there were no mitigations. And so that still I didn't hear that really addressed

1629
02:20:14,720 --> 02:20:20,220
in this, what's going to happen with this final and whether that, in fact, is a plan for them to mitigate.

1630
02:20:20,400 --> 02:20:27,020
As I mentioned last month for residential and businesses, structures, they're going to have a hundred-foot exclusion zone.

1631
02:20:27,780 --> 02:20:39,020
Obviously, they're not if they're going to bore through one or next two, but it would be nice to know what medications they do have planned and hopefully during your permitting process that can be brought up.

1632
02:20:39,520 --> 02:20:44,000
Finally, I just want to bring up a couple of things that relate to both of these projects.

1633
02:20:45,000 --> 02:20:51,020
One is, I guess it relates more to the DCP itself, but they mentioned the stakeholder engagement.

1634
02:20:51,020 --> 02:20:53,580
and it's important to understand when we do appreciate

1635
02:20:53,580 --> 02:20:55,420
because they're actually having a level of discussion

1636
02:20:55,420 --> 02:20:58,860
with the locals with some of the descriptions

1637
02:20:58,860 --> 02:21:02,980
that they can at this point and we didn't get that before,

1638
02:21:03,420 --> 02:21:05,840
but they aren't allowed to talk about any of the mitigations

1639
02:21:05,840 --> 02:21:09,540
because no EIR stuff is allowed to be discussed at those.

1640
02:21:09,920 --> 02:21:12,280
So it's kind of a weird place to be

1641
02:21:12,960 --> 02:21:21,000
and locals can bring up issues but they can't bring up

1642
02:21:21,000 --> 02:21:25,120
there is going to be a report regularly to the California Water Commission on that project.

1643
02:21:25,580 --> 02:21:31,440
I would suggest again because there are numerous alterations of your system that it seems like

1644
02:21:31,440 --> 02:21:35,840
there should actually be a regular thing here. That each time they are bringing some of that

1645
02:21:35,840 --> 02:21:41,260
very detailed information forward to you. That's really specific to your the changes to your

1646
02:21:41,260 --> 02:21:46,340
project not. You know we saw a nice overall what the project is and purposes and some general

1647
02:21:46,340 --> 02:21:54,480
things, but I hope in the future they'll come back and really give you some more specific things related to your project and I'll end it there.

1648
02:21:54,780 --> 02:21:55,340
Thank you.

1649
02:21:56,420 --> 02:21:57,160
Oh, OK.

1650
02:21:57,520 --> 02:21:59,920
Joe, really caught my attention.

1651
02:22:00,520 --> 02:22:05,360
You said there might be some legal issue was sharing the data.

1652
02:22:06,180 --> 02:22:07,600
I can't understand that.

1653
02:22:08,040 --> 02:22:09,240
Yeah, I can't speak more to that.

1654
02:22:09,440 --> 02:22:12,300
So I will let them answer that.

1655
02:22:12,300 --> 02:22:13,340
Thank you.

1656
02:22:13,340 --> 02:22:26,600
So, at the SEC meeting, they're talking about historical data that DWR collected on private land and so there are issues related to our contracts with those private landowners and being allowed to share that information with the public.

1657
02:22:28,320 --> 02:22:38,340
For any effort that happens on public lands or within the specific landmen and agencies right away, we can obviously share the data with them.

1658
02:22:38,340 --> 02:22:45,820
So, any data that was gathered would be available?

1659
02:22:46,660 --> 02:22:53,880
Potentially, it depends on the agreement that we have with the entity who owns that property.

1660
02:22:57,860 --> 02:23:01,740
I don't understand a legal system, but I'll defer to it later.

1661
02:23:05,840 --> 02:23:07,840
Okay, any other questions at this point?

1662
02:23:07,840 --> 02:23:15,840
and I think it's important that since we're obviously going to have to issue the 408

1663
02:23:17,080 --> 02:23:23,560
per meter or work with the letter to get that corridor to proceed.

1664
02:23:24,120 --> 02:23:27,640
Is the core involved in these meetings and so on?

1665
02:23:29,140 --> 02:23:30,600
I'm going to have to defer.

1666
02:23:31,040 --> 02:23:33,120
What is the carrier she's interacted with?

1667
02:23:33,800 --> 02:23:36,220
Yes. We've been talking to the core regularly.

1668
02:23:36,220 --> 02:23:40,500
We have a lot of coordination meetings set up at multiple levels with them.

1669
02:23:42,680 --> 02:23:43,720
Okay, I think,

1670
02:23:46,510 --> 02:23:51,550
well, I guess we're going to be having this discussion next month, right,

1671
02:23:52,010 --> 02:23:54,610
where they want the court letter approved.

1672
02:23:55,950 --> 02:24:01,450
Yeah, and they want an objection letter from the board and Andrew Buckley and her officer

1673
02:24:01,450 --> 02:24:04,950
are working with their staff on our comment letters from the board.

1674
02:24:05,750 --> 02:24:06,210
All right.

1675
02:24:07,970 --> 02:24:08,950
Okay,

1676
02:24:11,070 --> 02:24:14,470
no other questions we'll see you next month.

1677
02:24:14,650 --> 02:24:15,770
Thank you.

1678
02:24:24,680 --> 02:24:27,020
Okay, we're under a D,

1679
02:24:29,170 --> 02:24:32,430
and this is Dave Wildon's project, Morning David.

1680
02:24:36,120 --> 02:24:38,480
Good morning, President Edgar, members of the board.

1681
02:24:40,580 --> 02:24:44,140
Jeremy Eric, my name is Dave Wildon, I'm with the Department of Water Resources,

1682
02:24:44,140 --> 02:24:50,880
supervising engineer with Division of Flood Management. Jeremy Erick in his report on the

1683
02:24:50,880 --> 02:24:56,540
Department's activities gave a brief introduction to what I'm going to be talking about today,

1684
02:24:56,740 --> 02:24:59,940
the 2017 and 2019 Storm Damage Emerging.

1685
02:25:00,620 --> 02:25:07,280
Rehabilitation program, both the state led and the federal actions resulting from those storm events.

1686
02:25:08,180 --> 02:25:12,680
I wanted to thank Jeremy for the kind of the kudos that he mentioned.

1687
02:25:13,500 --> 02:25:18,420
And one of the roles as program manager is to take sole credit for all the achievements of the program.

1688
02:25:19,740 --> 02:25:26,200
But no, the reality is it was a huge effort by the department staff and all of our partners.

1689
02:25:26,200 --> 02:25:31,620
So I do appreciate the recognition of that and wanted to reiterate that the numerous partners

1690
02:25:31,620 --> 02:25:37,440
that we work with obviously could not have this project could not have been done under the

1691
02:25:37,440 --> 02:25:39,180
timeframes that we did it.

1692
02:25:39,320 --> 02:25:40,840
So I wanted to recognize them.

1693
02:25:41,060 --> 02:25:41,140
Thank you.

1694
02:25:44,000 --> 02:25:52,900
I as were well familiar primarily in 2017, but also in 2019 we had a historical precipitation

1695
02:25:52,900 --> 02:26:00,860
highest in two decades, 17, we had a 26 and 2019 almost 25 inches of precipitation for that water

1696
02:26:00,860 --> 02:26:09,300
year. The Sacramento Weir opened for the first time since 2006 and the Oraville spillway,

1697
02:26:09,300 --> 02:26:15,260
oraville dam spillway incident also kind of captured the attention a lot of the water delivery

1698
02:26:15,260 --> 02:26:16,240
and flood communities.

1699
02:26:18,420 --> 02:26:22,740
But as a result of these storms, we did see significant damage to

1700
02:26:22,740 --> 02:26:27,240
flood control, flood protection system throughout the state plan of flood control in the Sacramento

1701
02:26:27,240 --> 02:26:29,600
River in San Joaquin River systems.

1702
02:26:30,380 --> 02:26:36,240
DWR immediately expanded $5 million for direct assistance during the storm events.

1703
02:26:36,400 --> 02:26:41,360
We worked with the Army Corps of Engineers while the events were happening to enact emergency

1704
02:26:41,360 --> 02:26:49,900
repairs after the water subsided that damages were recognized.

1705
02:26:50,580 --> 02:27:02,420
The Army Corps of Engineers opened up their PL-8499 program, where they requested reports of damages for their evaluation for repair under the PL-8499 rehabilitation program.

1706
02:27:04,160 --> 02:27:12,480
The Corps leading that screening took a look at their eligibility requirements, determined the sites that they would repair,

1707
02:27:12,480 --> 02:27:19,060
and then DWR also made an evaluation of those sites and the sites that were not being identified

1708
02:27:19,060 --> 02:27:22,760
to be repaired under the PL-8499 program.

1709
02:27:26,800 --> 02:27:35,040
The result of the reporting and the site evaluation and acceptance determined there were a number

1710
02:27:35,040 --> 02:27:40,900
of repairs that were needed and additional areas of concern that required continued monitoring.

1711
02:27:40,900 --> 02:27:46,340
This figure shows kind of the spatial distribution throughout the Central Valley, the state

1712
02:27:46,340 --> 02:27:51,760
plan of flood control of where these problem areas were found.

1713
02:27:52,300 --> 02:27:55,680
You can see a pretty high concentration of them in the Sacramento Valley, the immediate

1714
02:27:55,680 --> 02:27:56,600
Sacramento Valley.

1715
02:27:57,160 --> 02:28:05,440
But going as far north up into north of Chico and south of Modesto also, we'll talk about a

1716
02:28:05,440 --> 02:28:06,220
little bit of this later.

1717
02:28:06,220 --> 02:28:14,080
but the numbers turned out to be the core identified 45 specific repair sites as air priorities

1718
02:28:14,080 --> 02:28:21,780
and acceptable under PL-8499 real-bilitation, DWR identified 38 other sites that we rated

1719
02:28:21,780 --> 02:28:28,420
as critical, requiring immediate attention for repair, another 81 sites, the state identified

1720
02:28:28,420 --> 02:28:34,020
as serious, adding to the list the repairs to be addressed after the critical repairs.

1721
02:28:34,020 --> 02:28:50,540
And then another 235 sites where that we've identified as area of concern, essentially requiring continued monitoring by the local levy maintaining agencies to ensure or to identify any new problems that are resulting those damages.

1722
02:28:51,540 --> 02:28:56,940
Again, in 2019 we had a significant high water event that resulted in damages.

1723
02:28:56,940 --> 02:29:03,660
is the core, again, opened up their PL-8499 rehabilitation program and they identified five sites

1724
02:29:03,660 --> 02:29:05,620
to be repaired as a priority.

1725
02:29:06,260 --> 02:29:12,100
DWR did not identify any additional sites resulting from the 2019 storms, so we're able

1726
02:29:12,100 --> 02:29:15,400
to still focus on the repairs from 2017.

1727
02:29:20,290 --> 02:29:25,990
The core identified their sites and then put them into a prioritization process.

1728
02:29:25,990 --> 02:29:32,090
This describes the essentially their prioritization that they use and one way to look at it is,

1729
02:29:32,730 --> 02:29:37,610
is they looked at the severe damages first as a higher priority and then the moderate damages.

1730
02:29:38,190 --> 02:29:45,310
And then within each of those categories looked at the urban protection and then moved on to the rural protection.

1731
02:29:45,430 --> 02:29:53,950
So the higher priority would be the severe damages in the urban areas, the next level of priority is severe damages in the rural areas.

1732
02:29:53,950 --> 02:29:57,990
and then moving on down with the moderate damages on the same approach.

1733
02:30:02,800 --> 02:30:19,460
So, as I mentioned previously, the Corps identified 45 sites that were needed for repair that they were eligible for repair under PL-8499 rehabilitation assistance, 32 in the Sacramento River Basin, 13 in the San Joaquin River Basin.

1734
02:30:19,460 --> 02:30:28,780
of the remaining reported sites, there were requested reported damage sites.

1735
02:30:29,020 --> 02:30:34,540
There were over 300 that were determined to be not actionable by the Army Corps of Engineers,

1736
02:30:34,800 --> 02:30:37,720
although into those categories in a minute.

1737
02:30:43,730 --> 02:30:51,150
Similar for the 2019 Winter Stormly Corps identified five sites that were actionable under

1738
02:30:51,150 --> 02:30:52,310
the PL-84-99.

1739
02:30:53,410 --> 02:30:56,170
There were 46 other requested sites that

1740
02:30:56,170 --> 02:30:58,310
were determined to be not no action

1741
02:30:58,310 --> 02:31:00,350
under the PL-84-99 program.

1742
02:31:07,310 --> 02:31:09,750
So after the core made their determination

1743
02:31:09,750 --> 02:31:11,210
of which sites, they would repair

1744
02:31:11,210 --> 02:31:14,110
under the PL-84-99 program the state.

1745
02:31:14,270 --> 02:31:15,850
What they've noticed about—

1746
02:31:15,850 --> 02:31:20,870
Just going back to those numbers for the 300 and the 46

1747
02:31:21,230 --> 02:31:24,650
that were not considered how many of those were

1748
02:31:24,650 --> 02:31:29,230
because they didn't, they were active, the reaches were active.

1749
02:31:30,410 --> 02:31:36,110
The majority of those that were no action on the core were because they were not

1750
02:31:36,110 --> 02:31:37,810
PL-8499 eligible.

1751
02:31:39,070 --> 02:31:40,570
The majority of them.

1752
02:31:40,970 --> 02:31:41,030
Yeah.

1753
02:31:41,690 --> 02:31:42,530
Well, yes.

1754
02:31:43,030 --> 02:31:45,130
I would say, well, we'll get into the numbers later.

1755
02:31:46,050 --> 02:31:51,790
The numbers of sites that DWR picked up for repair, that actually would be the number

1756
02:31:51,790 --> 02:31:54,590
that was not eligible for PL-8499.

1757
02:31:55,170 --> 02:31:59,210
They still had damages that were severe enough that needed to be addressed, but they were not

1758
02:31:59,210 --> 02:32:00,850
eligible under PL-8499.

1759
02:32:01,570 --> 02:32:05,690
So that's where the department was able to come in with that transfer of funding and pick

1760
02:32:05,690 --> 02:32:06,130
those sites.

1761
02:32:06,330 --> 02:32:14,630
So if you look at the DWR numbers, those are the ones that we picked up because they weren't

1762
02:32:14,630 --> 02:32:15,310
eligible.

1763
02:32:15,870 --> 02:32:17,750
They were active, I guess.

1764
02:32:17,990 --> 02:32:27,670
Mostly, and a very small percent were not, well, a larger percent, but DWR also evaluated

1765
02:32:27,670 --> 02:32:28,150
the sites.

1766
02:32:28,330 --> 02:32:29,630
A number of them were determined.

1767
02:32:29,830 --> 02:32:34,710
They didn't have enough damage, a small number were being repaired under other programs,

1768
02:32:35,250 --> 02:32:38,290
so a few reasons why they weren't picked up under either program.

1769
02:32:39,350 --> 02:32:40,170
Thank you.

1770
02:32:44,860 --> 02:32:50,000
So after the Army Corps evaluated their sites, DWR looked at the remaining

1771
02:32:50,000 --> 02:32:57,860
balance and did a similar prioritization to how the court did it, looking at the most severe

1772
02:32:57,860 --> 02:33:07,440
damages and then prioritizing within those severe and moderate damage sites, prioritizing

1773
02:33:07,440 --> 02:33:11,700
those based on essentially on protected assets, urban versus rural.

1774
02:33:13,300 --> 02:33:18,720
The critical sites are the sites that we determined were likely to fail in the next

1775
02:33:18,720 --> 02:33:24,740
high water event, those were the critical sites that we wanted to jump on right away, so

1776
02:33:24,740 --> 02:33:29,400
those were, we didn't have to do any prioritization because we were able to address those

1777
02:33:29,400 --> 02:33:29,660
all.

1778
02:33:30,000 --> 02:33:34,520
The serious sites, that's where it's coming in more into the prioritization because a longer

1779
02:33:35,240 --> 02:33:42,340
time to get those repaired and then a number of those sites are currently not funded right now,

1780
02:33:43,360 --> 02:33:46,380
so the prioritization of those serious sites were needed.

1781
02:33:47,140 --> 02:33:51,980
Syria sites are defined as a site that is likely to become critical and the next high water

1782
02:33:51,980 --> 02:33:58,660
event and then the next level down is the area of concern or the monitor sites and those

1783
02:33:58,660 --> 02:34:03,460
are sites that the damage wasn't severe enough to be categorized as serious but they still

1784
02:34:03,460 --> 02:34:11,600
had some damages that is likely to increase in other future flood events so the program of monitoring

1785
02:34:11,600 --> 02:34:18,680
on the local level to identify the rate of erosion or the severity of those sites with future events.

1786
02:34:22,610 --> 02:34:23,250
Jane.

1787
02:34:27,460 --> 02:34:31,280
May I get to this but I was what's going on here.

1788
02:34:35,400 --> 02:34:36,800
You might get to this but I

1789
02:34:36,800 --> 02:34:43,600
occurred to me to ask this question in analysis of priority or sites to be repaired. Do you

1790
02:34:43,600 --> 02:34:50,420
take any consideration locations that have failed in the past or have multiple fail at your

1791
02:34:50,420 --> 02:34:51,700
over time?

1792
02:34:52,660 --> 02:34:59,980
Or this assessment related to the storm damages, we essentially just looked at existing.

1793
02:35:01,460 --> 02:35:17,480
So if they had a previous history of it, that wasn't part of the consideration, but if it was a critical site, obviously, that went into the initial prioritization and all the critical sites were addressed to begin with.

1794
02:35:18,160 --> 02:35:23,740
But specifically, no, that wasn't something we looked at for the storm damage related prioritization and evaluation.

1795
02:35:23,740 --> 02:35:24,640
Okay.

1796
02:35:26,220 --> 02:35:26,400
Why?

1797
02:35:28,320 --> 02:35:39,620
Dave, for those projects or for those repairs, which were under the PL-8499 program, were there any that the core rejected because they didn't need BC ratios?

1798
02:35:41,540 --> 02:35:47,960
I believe there may have been just maybe one site that fell under that category.

1799
02:35:48,560 --> 02:35:54,800
A number were rejected that were PL-84-99 eligible, but the damage wasn't determined to be

1800
02:35:54,800 --> 02:36:01,040
severe enough, or it was identified as previously damaged before the storm, so they

1801
02:36:01,040 --> 02:36:02,400
couldn't link it to the storm.

1802
02:36:02,920 --> 02:36:09,240
But to your specific question about the BC ratio, the economically justified, I think there

1803
02:36:09,240 --> 02:36:11,500
was one site that fell under that.

1804
02:36:11,540 --> 02:36:12,440
Thank you.

1805
02:36:16,580 --> 02:36:18,660
As I mentioned before, the definition of critical,

1806
02:36:18,980 --> 02:36:22,180
this is a picture that shows a pretty good example

1807
02:36:22,180 --> 02:36:24,240
of a critically damaged levy.

1808
02:36:24,860 --> 02:36:27,860
Obviously, the erosion is into the levy prism.

1809
02:36:28,740 --> 02:36:30,940
Another high water event would contribute

1810
02:36:30,940 --> 02:36:33,760
to this erosion and likely cause its failure.

1811
02:36:34,920 --> 02:36:37,300
So this is a good example of a site

1812
02:36:37,300 --> 02:36:40,680
that has had some erosion failure

1813
02:36:40,680 --> 02:36:42,300
that we identified as critical.

1814
02:36:46,270 --> 02:36:51,570
Sirius, our definition is a site that is likely to become critical in the next highwater

1815
02:36:51,570 --> 02:36:51,970
event.

1816
02:36:52,410 --> 02:36:58,110
This is a picture that may show a little, it looks a little severe, it looks like it might

1817
02:36:58,110 --> 02:36:59,210
be a critical site.

1818
02:36:59,830 --> 02:37:05,430
There is a significant amount of erosion at this location, but I included this picture to

1819
02:37:05,430 --> 02:37:10,810
show that it does meet the definition of Sirius, it's hard to see, but there is a little

1820
02:37:10,810 --> 02:37:17,110
of a bench on this at this location, and when we did our evaluation, we took sections of the

1821
02:37:17,110 --> 02:37:23,840
levy. It did show that the erosion was not into the levy prism yet even below the water surface

1822
02:37:25,050 --> 02:37:34,050
elevation. So it was technically a serious site. A lot of the, you know, just a initial evaluation

1823
02:37:34,050 --> 02:37:39,150
and just looking at it, you might think it's definitely a critical site, but further examination

1824
02:37:39,150 --> 02:37:44,030
to show that this is a serious site, but I would say it's on the higher end of the serious,

1825
02:37:44,390 --> 02:37:48,130
so it's taking a higher priority within that serious categorization.

1826
02:37:51,550 --> 02:37:57,930
There were a number of no-action sites, both on the core and the DWR side, the reasons for identifying

1827
02:37:57,930 --> 02:38:05,330
those that were not actionable. The damage was not severe enough or not observed from the report

1828
02:38:05,330 --> 02:38:06,370
that was submitted.

1829
02:38:06,990 --> 02:38:10,610
Damage was pre-existing to the 2017 storms.

1830
02:38:11,370 --> 02:38:14,370
Damages were paired under another program or local action,

1831
02:38:14,730 --> 02:38:17,730
or had a near-term plan for those repairs.

1832
02:38:18,490 --> 02:38:22,110
And for the core, obviously, they only accepted repairs

1833
02:38:22,110 --> 02:38:25,930
for districts that were eligible under PL84.99

1834
02:38:25,930 --> 02:38:27,670
for their rehabilitation program.

1835
02:38:29,290 --> 02:38:32,650
So those are some good photos.

1836
02:38:32,650 --> 02:38:37,290
So are we using drones to get those type of photos of this?

1837
02:38:38,110 --> 02:38:38,630
Yeah.

1838
02:38:38,830 --> 02:38:38,970
Yeah.

1839
02:38:39,130 --> 02:38:42,950
We did do a lot of drone use during this time.

1840
02:38:43,670 --> 02:38:45,950
The state has a drone program.

1841
02:38:46,410 --> 02:38:48,010
They were pretty tied up with Oraville.

1842
02:38:48,250 --> 02:38:50,670
We used our consultant to help us out.

1843
02:38:50,730 --> 02:38:57,210
So we've got some really good before and after drone footage of a lot of the repairs and sight.

1844
02:38:57,410 --> 02:38:59,170
So yeah, we're definitely using that technology.

1845
02:38:59,470 --> 02:39:00,730
It's better in the old days.

1846
02:39:02,050 --> 02:39:04,450
The boat in the camera, yes.

1847
02:39:10,160 --> 02:39:15,760
So for the DWR's repairs, this summarizes our 2017

1848
02:39:15,760 --> 02:39:18,060
winter storm evaluations.

1849
02:39:19,000 --> 02:39:22,040
So we identified 38 sites that were rated as critical

1850
02:39:22,040 --> 02:39:25,680
in the need of immediate repair before the next flood season.

1851
02:39:26,500 --> 02:39:29,060
81 sites were rated serious.

1852
02:39:29,760 --> 02:39:33,480
And then another 235 for the area of concern

1853
02:39:33,480 --> 02:39:38,680
or monitor, and then maybe close to 70 for the no-action.

1854
02:39:40,970 --> 02:39:47,150
And the 38 and the 81, those of the sites that we are focusing our repair effort on are

1855
02:39:47,150 --> 02:39:47,910
critical sites.

1856
02:39:48,030 --> 02:39:53,230
The 38 have all been repaired in 2017 and 18, and we're working through the balance of

1857
02:39:53,230 --> 02:39:57,170
the repairs of the serious sites in the next two or three years.

1858
02:40:02,830 --> 02:40:04,790
Quick note on the permitting.

1859
02:40:07,510 --> 02:40:11,470
In recognition of the big effort that it would take to get this program pushed

1860
02:40:11,470 --> 02:40:18,490
through, and based on the experience we had in 2006, we needed to have frequent and early

1861
02:40:18,490 --> 02:40:25,290
coordination with all of our partner agencies. We put together a unified command group and got

1862
02:40:25,290 --> 02:40:34,730
from a lot of the decision makers and managers of these not only the regulatory agencies, but also the

1863
02:40:34,730 --> 02:40:44,870
Army Corps of Engineers and our other partners. For the state-led critical sites, we used the

1864
02:40:44,870 --> 02:40:52,930
governor's storm damaging emergency proclamations to allow us to use emergency permitting considerations

1865
02:40:52,930 --> 02:40:55,690
for our critical repairs,

1866
02:40:59,210 --> 02:41:03,330
that consideration ended once we completed the critical sites.

1867
02:41:03,470 --> 02:41:07,950
So now we're into the serious sites, and those are being permitted under normal non-emergency

1868
02:41:07,950 --> 02:41:08,630
timelines.

1869
02:41:10,630 --> 02:41:18,130
We also had tribal engagement throughout the program, initially according to our DWR tribal

1870
02:41:18,130 --> 02:41:25,150
engagement policy, and then after the first year AB 52 requirements kicked in, and we're

1871
02:41:25,150 --> 02:41:27,230
following those for the future repairs.

1872
02:41:34,020 --> 02:41:40,640
We recognized the need to have contingency plans in place, knowing that the repair of

1873
02:41:40,640 --> 02:41:42,840
these sites would take a number of years.

1874
02:41:43,600 --> 02:41:49,940
So we developed contingency plans for all of the sites that didn't work being immediately

1875
02:41:49,940 --> 02:41:57,540
repaired and for the area of concern sites also. Essentially,

1876
02:41:59,700 --> 02:42:01,000
these contingency plans

1877
02:42:01,000 --> 02:42:13,800
identified likely method of failure, possible emergency fixes and then notifications of

1878
02:42:13,800 --> 02:42:23,860
of using the flood operation center, flood threat mitigation process, which kind of identifies

1879
02:42:23,860 --> 02:42:30,880
the locals to monitor and flood fight, and then once their resources are expanded, it kind

1880
02:42:30,880 --> 02:42:36,020
of moves up the chain, it goes to county, then it goes to state for their level of assistance.

1881
02:42:40,550 --> 02:42:46,690
The sample of the contingency plans showing the potential flood fight methods that could be used

1882
02:42:46,690 --> 02:42:50,190
during the emergency estimate of the material

1883
02:42:50,190 --> 02:42:51,810
and a description of the project,

1884
02:42:52,190 --> 02:42:54,650
a very problem and proposed solution.

1885
02:43:00,700 --> 02:43:03,520
So this is a good table that kind of shows

1886
02:43:03,520 --> 02:43:07,560
the overall response, where we're at to this point.

1887
02:43:07,960 --> 02:43:10,160
And then what we are looking for in the future,

1888
02:43:11,200 --> 02:43:15,620
as we've shown for DWR, we've repaired 38 sites

1889
02:43:15,620 --> 02:43:19,220
in 2017 and 18, and 29, and 9,

1890
02:43:19,220 --> 02:43:21,400
those were the critical sites I talked about.

1891
02:43:21,920 --> 02:43:27,040
We have currently were funded to repair an additional 32 sites

1892
02:43:27,040 --> 02:43:30,720
that we've identified as serious, starting this summer

1893
02:43:30,720 --> 02:43:32,520
and going next year.

1894
02:43:33,740 --> 02:43:36,980
That leaves a remaining balance on our end

1895
02:43:36,980 --> 02:43:39,980
on the state side of about almost 50 sites

1896
02:43:39,980 --> 02:43:42,580
that we are seeking funding to continue

1897
02:43:42,580 --> 02:43:44,560
repair of those serious sites.

1898
02:43:44,560 --> 02:43:55,700
For the core, the total of the 45 sites from the 2017 storms, there are plans to repair all of those to date

1899
02:43:58,550 --> 02:44:06,310
almost 30 have been repaired and with plans to repair the remaining 15 in the next year or two.

1900
02:44:06,790 --> 02:44:15,750
Similarly, with their 2019 storms, there are five sites to be repaired, one of them has been repaired and four more to be repaired in the subsequent years.

1901
02:44:17,730 --> 02:44:25,630
So the court doesn't have any unfunded sites, all of the sites they've identified for repair

1902
02:44:25,630 --> 02:44:32,810
from the 2017 and 19 storms have a plan and are funded for repair by the end of 2020.

1903
02:44:33,030 --> 02:44:34,730
May stretch into 2021.

1904
02:44:39,650 --> 02:44:41,970
Just a few photos here showing the work that we've done.

1905
02:44:42,090 --> 02:44:49,750
This is a typical water side rock slope repair erosion is cutting into the levy, so the solution

1906
02:44:49,750 --> 02:44:56,490
is to clean off the levy surface, come back in and rebuild it with the new import material

1907
02:44:56,490 --> 02:44:59,990
rock, rock soil mixture above the wall.

1908
02:45:00,000 --> 02:45:05,640
Waterline to encourage hydroceed in plant growth and mitigation growth.

1909
02:45:10,660 --> 02:45:34,240
Another walk, water side rock slope protection, construction. This is a water side access by the barge. If we can use this method, we try to encourage that from our contracting, because it's a much quicker approach. It has less impact on the hall routes and the surrounding areas, which becomes a critical.

1910
02:45:34,480 --> 02:45:38,880
issue. Oh, a little video here. This is kind of good.

1911
02:45:52,590 --> 02:45:54,370
So you can see that the speed with which

1912
02:45:54,370 --> 02:46:01,010
we can place this material is very advantageous to getting these projects done.

1913
02:46:03,770 --> 02:46:12,130
How does state this? You know, I drive down the delta and down the Sacramento River and

1914
02:46:12,130 --> 02:46:16,730
I see rock every place. Is there an end to the rock?

1915
02:46:19,130 --> 02:46:20,330
Another, you know what I'm saying?

1916
02:46:20,330 --> 02:46:23,030
Is our supply source for all this rock?

1917
02:46:25,250 --> 02:46:27,010
I really don't.

1918
02:46:27,490 --> 02:46:28,650
I haven't heard that.

1919
02:46:28,790 --> 02:46:31,490
I haven't heard any of the suppliers, the queries.

1920
02:46:32,890 --> 02:46:34,470
Express that concern, our construction.

1921
02:46:34,970 --> 02:46:37,810
Side on DOE is not indicated that.

1922
02:46:38,630 --> 02:46:41,610
But we'll be in a bad way if, I mean,

1923
02:46:42,330 --> 02:46:42,830
well, anyway.

1924
02:46:43,170 --> 02:46:46,230
It's likely that we'll just have to expand our reach

1925
02:46:46,230 --> 02:46:47,650
to get this material.

1926
02:46:47,650 --> 02:46:54,270
You know, further increasing the cost, you know, right now we take the closest available source that

1927
02:46:54,270 --> 02:46:58,710
I'll just continue to get further away from the areas that we need them as what I would suspect.

1928
02:47:02,130 --> 02:47:06,270
Here's a typical landside rock slope prepare in the later stages.

1929
02:47:06,390 --> 02:47:07,690
This is after hydroceeding.

1930
02:47:08,050 --> 02:47:11,870
There's the stakes in place to control the erosion control fabric.

1931
02:47:12,830 --> 02:47:17,370
So just a recognition that we have rocks slope prepared both on the water side and the landside

1932
02:47:17,370 --> 02:47:19,130
for many of the add many of these sites.

1933
02:47:22,890 --> 02:47:26,270
Another aerial drone view of a small,

1934
02:47:26,810 --> 02:47:30,010
erosion location that would be repaired.

1935
02:47:32,720 --> 02:47:35,380
Looks like likely a serious site,

1936
02:47:35,640 --> 02:47:37,100
it doesn't seem to be too impactful

1937
02:47:37,100 --> 02:47:38,020
of the levy prism.

1938
02:47:40,400 --> 02:47:40,920
Here we go.

1939
02:47:42,320 --> 02:47:44,420
Dave, Dave, do you know how much that would cost?

1940
02:47:44,800 --> 02:47:46,820
Or, you know, what would it cost to repair that?

1941
02:47:47,520 --> 02:47:53,080
Just one like this, two, 300,000 would be my guess.

1942
02:47:53,080 --> 02:47:55,940
We have a number of these smaller ones there, kind of on that order.

1943
02:47:56,340 --> 02:48:00,680
The larger ones, obviously, moving into the millions in construction costs, and then you

1944
02:48:00,680 --> 02:48:02,480
have all the supporting costs.

1945
02:48:03,060 --> 02:48:06,740
Also, that's probably a fair assessment of that, of a small site like that.

1946
02:48:11,610 --> 02:48:16,210
So we've talked about the number of sites that we've repaired in both of the programs.

1947
02:48:17,050 --> 02:48:22,010
Future work will be to continue to move through the inventory of those sites, DWRs, working

1948
02:48:22,010 --> 02:48:24,050
on the serious sites.

1949
02:48:24,050 --> 02:48:37,750
With repairing the sites we have identified with the existing funding that we have, we will continue to seek out funding to address the remaining balance of serious sites to be repaired under this program.

1950
02:48:38,530 --> 02:48:47,690
And of course the Army Corps of Engineers has plans and funding to complete all of their identified repairs by 2020 or 2021.

1951
02:48:47,690 --> 02:48:54,910
The LMAs, local maintaining agencies will continue to monitor, unrepared damage sites, implement

1952
02:48:54,910 --> 02:49:00,170
the contingency planning and follow-through with the flood operations center flood threat

1953
02:49:00,170 --> 02:49:02,030
mitigation process as needed.

1954
02:49:02,750 --> 02:49:08,070
We work closely with the districts for this program and other programs, so we have a good

1955
02:49:08,070 --> 02:49:14,470
line of connection communication with them, should problems arise with respect to the damages

1956
02:49:14,470 --> 02:49:20,050
from these storms and other storms, and other just standard levy repair issues.

1957
02:49:25,100 --> 02:49:29,420
So that wraps up what I was here to talk about today.

1958
02:49:30,080 --> 02:49:34,900
I just wanted to reiterate that we've had a lot of progress and success in the work that

1959
02:49:34,900 --> 02:49:35,920
we've done to date.

1960
02:49:36,060 --> 02:49:43,980
We still have more work to do, and as the system recovers from the storm, from the high water

1961
02:49:43,980 --> 02:49:51,040
events of last year in 2017, some of these more serious problems are being expressed,

1962
02:49:51,780 --> 02:49:56,340
seepage is something that is always kind of a difficult issue to address.

1963
02:49:56,880 --> 02:49:59,940
So there is future work definitely, specifically, I definitely...

1964
02:50:00,000 --> 02:50:09,060
We identified for the state, for these resulting from these storms, but just in general, too, as the system ages and new

1965
02:50:09,060 --> 02:50:17,400
high water events occur, it's kind of a ever-extending target of damages to be addressed.

1966
02:50:18,360 --> 02:50:19,700
Brian, did you have a question?

1967
02:50:21,240 --> 02:50:21,400
Okay.

1968
02:50:23,630 --> 02:50:24,250
Thank you.

1969
02:50:24,730 --> 02:50:28,410
For the 49 unfunded sites, did you say what the cost of those was?

1970
02:50:28,410 --> 02:50:39,390
We have an estimate of between 150 million to repair those with that kind of

1971
02:50:41,440 --> 02:50:41,800
construction

1972
02:50:41,800 --> 02:50:49,360
costs, mitigation, all the support, acquisitions, all those factors included.

1973
02:50:50,160 --> 02:50:55,240
And I imagine you have a prioritization within that range for those sites as well.

1974
02:50:58,360 --> 02:50:59,800
Thank you.

1975
02:51:00,300 --> 02:51:01,740
Anything else we're doing?

1976
02:51:02,540 --> 02:51:05,040
Thank you, David. That was a very complete report.

1977
02:51:06,140 --> 02:51:06,220
Thank you.

1978
02:51:06,660 --> 02:51:06,900
Thank you.

1979
02:51:07,820 --> 02:51:08,400
Thank you.

1980
02:51:10,700 --> 02:51:13,260
Well, members, my plan didn't work here.

1981
02:51:15,920 --> 02:51:17,460
So I think what we'll do.

1982
02:51:18,260 --> 02:51:19,160
President Edgar, okay.

1983
02:51:19,400 --> 02:51:20,480
We had a public comment.

1984
02:51:21,340 --> 02:51:21,480
Rick?

1985
02:51:22,400 --> 02:51:23,320
Thank you. Rick, Ryan Hart,

1986
02:51:23,380 --> 02:51:25,140
Amy Kangernears, on behalf of the Sunshine

1987
02:51:25,140 --> 02:51:26,260
Flight Control Association.

1988
02:51:26,560 --> 02:51:29,580
First, I want to thank the department for this repair program.

1989
02:51:29,580 --> 02:51:31,300
It's very appreciated by our members.

1990
02:51:31,960 --> 02:51:37,760
And I want to point out that while we didn't have a lot of members active in the PLD-499

1991
02:51:37,760 --> 02:51:43,860
program in 2017 through the FMAP program, to the partnership with the board, many of the

1992
02:51:43,860 --> 02:51:44,340
basins.

1993
02:51:44,500 --> 02:51:48,320
In fact, I think I'm a majority of the basins are now submitting their letters of intent

1994
02:51:48,320 --> 02:51:49,580
and getting active to the program.

1995
02:51:49,640 --> 02:51:54,600
So the next time that we have a high water event and we have damage that we'll be able to have

1996
02:51:54,600 --> 02:51:57,000
the Corps of Engineers more actively involved in these sites.

1997
02:51:58,440 --> 02:52:09,180
A concern I have with that is we've now listed all of our deficiencies through the good work of the board and the department with the 75 flood protection plan and documenting these storm damages.

1998
02:52:09,280 --> 02:52:17,040
We have a list of sites that have been damaged in 2017, 2019, and then we have sites that predate that are in our flood system repair program.

1999
02:52:17,880 --> 02:52:24,380
We heard Dave say that they need about 150 million to complete the repairs of the 2017

2000
02:52:24,380 --> 02:52:25,060
sites.

2001
02:52:25,700 --> 02:52:28,640
That's not in the Governor's budget for this year.

2002
02:52:29,600 --> 02:52:33,600
The bond language that is being put together doesn't have money that would be eligible

2003
02:52:33,600 --> 02:52:37,240
for those sites as they're currently proposed.

2004
02:52:38,960 --> 02:52:42,840
When we have another disaster and these districts are active, we're going to have a problem

2005
02:52:42,840 --> 02:52:48,360
of having listed the deficiencies and those sites getting worse and those events and negotiating

2006
02:52:48,360 --> 02:52:54,300
with the core, how much is the core willing to do of the correct, the new portion of the

2007
02:52:54,300 --> 02:52:54,420
damage.

2008
02:52:54,720 --> 02:52:58,760
So in 2021, if we have a high water event at these sites and we have a 500 foot erosion

2009
02:52:58,760 --> 02:53:04,720
site that becomes a thousand feet and we've become active in the program since 2017.

2010
02:53:04,800 --> 02:53:09,900
Now we've got to work with the core, how much are they going to do and how is the pre-existing

2011
02:53:09,900 --> 02:53:10,900
problem corrected?

2012
02:53:10,900 --> 02:53:17,660
And so getting the sites correct, corrected before the next high water event is the best thing we can do, and we need money to do that.

2013
02:53:17,880 --> 02:53:26,820
And so the flood control association gave a presentation on Wednesday to the legislative flood caucus advocating for 100 million annual appropriation.

2014
02:53:27,120 --> 02:53:32,380
And of that 100 million, we're saying 20 million specifically, go to storm danger parasites.

2015
02:53:32,740 --> 02:53:40,080
And so we just want to encourage both the board and the department to pursue funding for these repairs so we can get them done and we're prepared for the next disaster.

2016
02:53:40,080 --> 02:53:41,260
Thank you.

2017
02:53:41,360 --> 02:53:41,580
Thank you.

2018
02:53:44,820 --> 02:53:45,380
Melinda.

2019
02:53:47,440 --> 02:53:47,640
Okay.

2020
02:53:48,140 --> 02:53:49,580
Thank you.

2021
02:53:50,040 --> 02:53:50,280
Okay.

2022
02:53:51,120 --> 02:53:52,940
As I said, my plan didn't work here.

2023
02:53:53,580 --> 02:54:00,540
So I think what we'll do is use the new hour for the closed session.

2024
02:54:01,300 --> 02:54:06,680
Get that information out, come out as close to one, one, thirty as we can.

2025
02:54:06,680 --> 02:54:18,920
take up items 11B and 11C, which we've talked about before and we'll go fairly quickly and then

2026
02:54:18,920 --> 02:54:24,860
follow that up with the timed item and wrap up the agenda so be a little longer than

2027
02:54:24,860 --> 02:54:29,400
what I planned but at this point we'll recess to a close session.

2028
02:54:46,570 --> 02:54:46,850
Okay.

2029
02:54:48,270 --> 02:54:48,550
Okay.

2030
02:54:49,970 --> 02:54:50,570
Okay.

2031
02:55:27,630 --> 02:55:35,490
Conditional approval of the lower-alicorn-based and levy setback project today, permit number 19153.

2032
02:55:36,910 --> 02:55:47,350
And that is because the San Francisco division has approved the 408 and the Sacramento district is routing the letter as we speak,

2033
02:55:47,850 --> 02:55:51,030
and they're back checking the 100% plans on the 95% plans.

2034
02:55:51,850 --> 02:55:58,690
So, the Levy Setback project is going to construct approximately seven miles of Setback

2035
02:55:58,690 --> 02:56:03,870
Levy and the Yola Bypass, 1,500 to 1,800 feet, used to the truly canal in the lower

2036
02:56:03,870 --> 02:56:05,370
Alcorn Basin.

2037
02:56:08,390 --> 02:56:15,910
So, location map and Sacramento area is we all know and the project and the upper left,

2038
02:56:15,910 --> 02:56:25,890
The left schematic, the red is the existing levy, and then the yellow is the new proposed setback levy.

2039
02:56:27,490 --> 02:56:33,170
So it's going to widen the sacrament on bypass, approximately 1,500 feet to the north.

2040
02:56:34,330 --> 02:56:40,670
I'm going to degrade 80% of the YOLA bypass east levee, leaving approximately 500 foot-long

2041
02:56:40,670 --> 02:56:46,010
segments for upland habitat about every 2,000 feet, and the existing sacrament on bypass

2042
02:56:46,010 --> 02:56:48,050
north levee will also be degraded.

2043
02:56:49,790 --> 02:56:56,350
It's going to improve the lower alcohol and basin interior drainage system to facilitate discharge

2044
02:56:56,350 --> 02:57:02,610
of precipitation volumes up to the 100 year flood event, and it's going to implement ecosystem

2045
02:57:02,610 --> 02:57:08,330
improvements in the Alcorn Basin mitigate project impacts, which will provide multiple

2046
02:57:09,750 --> 02:57:12,950
many ecosystem benefits to the surrounding areas.

2047
02:57:15,680 --> 02:57:21,460
So what's actually going to be included in the permit, what the board is going to be permitting,

2048
02:57:22,180 --> 02:57:28,100
is the construction of the setback levee in the YOLBYPAS placement of discharge pipes associated

2049
02:57:28,100 --> 02:57:36,580
with the new pump station, degrading about 80% to the yellow bi-passi-sleve degradation of the existing

2050
02:57:36,580 --> 02:57:43,420
segment on bypass north-leve implementing implementation of ecosystem improvements in the lower

2051
02:57:43,420 --> 02:57:49,500
alcohol and basin, and the relocation of the existing AT&T fiber lines.

2052
02:57:52,670 --> 02:57:53,910
So the hydraulic analysis,

2053
02:57:53,910 --> 02:58:03,970
This is a pretty robust levy, levy heights were determined by the 100-year design water

2054
02:58:03,970 --> 02:58:11,030
service elevation, plus six feet of free board, and in plus an additional foot to account

2055
02:58:11,030 --> 02:58:14,630
for potential future climate change and adaptation.

2056
02:58:15,930 --> 02:58:21,910
State rejections occur in the all bypass downstream of the free-mought wear as well as

2057
02:58:21,910 --> 02:58:28,830
and the stage reductions go all the way down to where the yellow bypass meets up with the

2058
02:58:28,830 --> 02:58:30,670
confluence of the circumvent on bypass.

2059
02:58:33,860 --> 02:58:37,300
So the overall stages in yellow bypass will be reduced

2060
02:58:37,300 --> 02:58:43,820
by approximately nine miles from the areas I just explained. And then staff has reviewed the

2061
02:58:43,820 --> 02:58:52,940
H&H information provided by DWR and their 100% design plans. And expect no adverse hydraulic

2062
02:58:52,940 --> 02:58:59,360
impact to the Sacramento River flood control project levees and the levee is compliant with our

2063
02:58:59,360 --> 02:59:01,620
tele-23 standards.

2064
02:59:04,460 --> 02:59:06,160
So the geotechnical analysis,

2065
02:59:08,380 --> 02:59:12,020
see the levees was over-designed with water

2066
02:59:12,020 --> 02:59:20,620
crown and flatter slopes to mitigate for fat clays and soils with liquid limits over 50 and those

2067
02:59:20,620 --> 02:59:25,000
flutter slopes, or there's four to one slopes on both sides, both the water side in the

2068
02:59:25,000 --> 02:59:32,040
land side. The flutter slopes will improve stability, allowing the use of locally sourced

2069
02:59:32,040 --> 02:59:37,580
barlementary that have higher liquid limits and plasticity indexes.

2070
02:59:39,840 --> 02:59:42,220
So, the also for geo-tapped

2071
02:59:42,220 --> 02:59:47,420
the setback-level foundation area will be over-execrated by three feet to replace an engineered

2072
02:59:47,420 --> 02:59:50,960
fill. The bottom of the over excavation would be

2073
02:59:50,960 --> 02:59:53,340
scarified in additional eight inches and

2074
02:59:53,340 --> 02:59:56,060
re-compacted part of placement of fill.

2075
02:59:56,920 --> 02:59:59,940
And like I said, the levy crown is going to be 28C.

2076
03:00:00,000 --> 03:00:11,800
And so far, I'm not sure why, instead of the typical 20 feet, to provide resiliency against potential seasonal shrinkage cracking, and potential slope creek along the levy.

2077
03:00:13,220 --> 03:00:18,140
And there's going to be a maintenance run on top as well.

2078
03:00:20,680 --> 03:00:31,960
So after reviewing the geo-tech analysis and plans and specs, the Board staff has determined that the proposed project is compliant with tele-23 and no potential adverse

2079
03:00:31,960 --> 03:00:33,580
geotechnical impacts.

2080
03:00:36,640 --> 03:00:41,020
So the real estate requirements, as you know, we've had some resolutions and

2081
03:00:41,020 --> 03:00:43,180
necessity that passed a couple of months on this project.

2082
03:00:44,520 --> 03:00:48,360
And the lower-all-corn-based and levy setback project will require acquisition of

2083
03:00:48,360 --> 03:00:54,540
approximately 2,100 acres of real estate, containing over 23 parcels and 9 landowners.

2084
03:00:55,880 --> 03:01:01,720
And as a February, the department has acquired one parcel of approximately 67 acres, and

2085
03:01:01,720 --> 03:01:08,780
is concluding negotiations for two other parcels and acquisitions are ongoing as we speak

2086
03:01:08,780 --> 03:01:09,460
on the others.

2087
03:01:13,960 --> 03:01:19,680
So our staff recommendation is for the board to adopt the SQL findings,

2088
03:01:24,210 --> 03:01:24,690
conditionally

2089
03:01:24,690 --> 03:01:31,150
approved, permit 19153, and substantially the form provided, pending the section for a way

2090
03:01:31,150 --> 03:01:37,990
approval from the Sacramento District, Army Corps of Engineers, and direct executive officer

2091
03:01:37,990 --> 03:01:43,090
to take necessary actions to execute the permit and follow the notice of determination

2092
03:01:43,090 --> 03:01:44,730
pursuant to sequela.

2093
03:01:47,110 --> 03:01:47,410
Okay.

2094
03:01:47,510 --> 03:01:48,570
Questions for the Board?

2095
03:01:50,410 --> 03:01:50,970
Excuse me.

2096
03:01:52,290 --> 03:01:53,950
I don't have a comment.

2097
03:01:55,890 --> 03:02:02,070
I think when you say the geographically, the levees were over-designed, I don't think you

2098
03:02:02,070 --> 03:02:12,490
I think you meant to say they were appropriately designed to a greater standard because of the soil conditions that existed that site.

2099
03:02:12,870 --> 03:02:15,310
We're not over designing the levy correct.

2100
03:02:17,020 --> 03:02:19,520
I'd venture to say what you said is correct.

2101
03:02:33,600 --> 03:02:34,660
Okay, any other comments?

2102
03:02:36,200 --> 03:02:37,820
Okay, what's the pleasure of the board?

2103
03:02:41,730 --> 03:02:52,670
move by, uh, from here, second by, uh, but no, Brian Johnson. Any comments from the public on this item?

2104
03:02:54,670 --> 03:02:57,690
Okay, uh, bring it back to the board on favor.

2105
03:03:00,020 --> 03:03:04,620
Post, okay, motion crews. Let's go to, uh, item 11c.

2106
03:03:05,000 --> 03:03:10,040
Greg, this is your item. Yes, this is the goldfield setback, Evan.

2107
03:03:45,720 --> 03:03:47,180
All right. Good afternoon again.

2108
03:03:47,180 --> 03:04:02,160
It was Greg Harvey, chief of the planned implementation and compliance branch, and today we're going to be asking for approval of the setback levy for the 200 year goldfields project.

2109
03:04:03,280 --> 03:04:12,320
So, this back levy is, see, permanent number 19463, it's going to construct approximately

2110
03:04:12,320 --> 03:04:19,740
2.6 miles of extension beginning at the upper terminus of the U.B. Reversal Levy. The new

2111
03:04:19,740 --> 03:04:24,760
levy will extend the current federal levy system to high ground and provide 200-year protection

2112
03:04:24,760 --> 03:04:32,420
for Linda, Linda, all of her stem, Plumus Lake, the project will tie in to the two and

2113
03:04:32,420 --> 03:04:36,820
degraded portion of the existing Uberiber South levy that is currently part of the state

2114
03:04:36,820 --> 03:04:37,740
plan of flood control.

2115
03:04:39,980 --> 03:04:44,980
So this project was authorized by the Water Resources Development Act

2116
03:04:44,980 --> 03:04:52,300
of 2018. The Army Corps has provided a memo stating that Section 408 permission is not required

2117
03:04:52,300 --> 03:04:59,460
for this Congressional Authorized Project and an amendment to the 1953 memorandum of

2118
03:04:59,460 --> 03:04:59,940
There's Danny.

2119
03:05:00,000 --> 03:05:05,860
Between the Army Corps and the Center of the Life of Protection Board, we'll be required to include the new

2120
03:05:05,860 --> 03:05:08,720
levy into the Sacramento Reflect Control Project.

2121
03:05:11,740 --> 03:05:15,640
So here's a location map of the levy, the new extension

2122
03:05:15,640 --> 03:05:19,000
levy is in the upper right, designated in yellow.

2123
03:05:22,350 --> 03:05:28,030
And this is a schematic of the levy. See, the whole

2124
03:05:28,030 --> 03:05:33,430
thing is the levy, but the green areas have cut off wall in them.

2125
03:05:33,690 --> 03:05:37,450
And then the partially puttin' at the end on the right is, doesn't have a cut off

2126
03:05:37,450 --> 03:05:38,670
all is just the regular levy.

2127
03:05:39,450 --> 03:05:44,930
And then the blue up where we up where it ties in to the existing state plan of flood control,

2128
03:05:45,230 --> 03:05:49,650
there's a seapage burn up there, and then there's going to be a little degrading of the

2129
03:05:49,650 --> 03:05:50,970
existing levy to tie in.

2130
03:05:54,260 --> 03:06:00,120
So this project, the levy embankment, is approximately 2.6 miles long, ranging in high

2131
03:06:00,120 --> 03:06:02,040
from 2 to 17 feet.

2132
03:06:03,320 --> 03:06:06,720
Seepers cut off wall for approximately two miles of that,

2133
03:06:06,900 --> 03:06:10,960
and landslide berm at the tie-in of the new levy,

2134
03:06:11,680 --> 03:06:14,280
to the existing U-brother South levy.

2135
03:06:14,900 --> 03:06:18,780
There'll be five levy access ramps on this new levy,

2136
03:06:19,460 --> 03:06:23,140
and in all weather patrol road on the levy crown,

2137
03:06:23,160 --> 03:06:25,820
and continuously landslide tow access road as well.

2138
03:06:27,390 --> 03:06:38,170
So there will be three, 36-inch gravity outfall pipes through the degraded remnant portion of the uber of our south-levy, that's up north near the tyin.

2139
03:06:39,810 --> 03:06:48,850
And the Profi water district irrigation canal, levied penetration box, covert, relocated canal, also go through.

2140
03:06:48,850 --> 03:06:54,090
There'll be three water side detention basins designed to store the 100 year interior drainage

2141
03:06:54,090 --> 03:06:56,930
events and that was located.

2142
03:06:58,210 --> 03:07:09,830
That was the blue shaded areas in this schematic and let's see the detention base in

2143
03:07:09,830 --> 03:07:10,650
a levy penetration.

2144
03:07:11,150 --> 03:07:15,970
There's going to be a 36 inch gravity outfall pipe through there and then up where it ties

2145
03:07:15,970 --> 03:07:21,310
in that we're going to be degrading 1,000 feet of the upstream end of the U.

2146
03:07:21,430 --> 03:07:22,230
River South Levy.

2147
03:07:25,170 --> 03:07:29,470
So hydraulic analysis proposed levy heights were determined using

2148
03:07:29,470 --> 03:07:35,970
an design water surface elevation, developed using the criteria in the Department of

2149
03:07:35,970 --> 03:07:41,510
Water Resources Urban Levy design criteria, federal emergency management agency criteria

2150
03:07:41,510 --> 03:07:44,370
and the Army Corps of Deterministic Approach for Freeboard.

2151
03:07:45,310 --> 03:07:59,310
Trilias Hydraulic Impact Analysis concluded that the proposed project will have no impact to maximize water service elevations along the Uber River North and South heavies and changes in flow will be less than significant.

2152
03:08:02,350 --> 03:08:15,890
So Board staff has reviewed the Hydraulic Hydrology and Hydraulic Analysis and on the 100% design plans and determined that the proposed project is expected to result in no adverse hydraulic impacts to the

2153
03:08:15,890 --> 03:08:21,950
second order flood control project levies and it is compliant with our title 23 standards

2154
03:08:24,640 --> 03:08:32,380
Geotech analysis trillion provided geotech report which included project design criteria a description of

2155
03:08:32,960 --> 03:08:39,800
Existing geotech and go conditions and geotech and go analysis to show that the project meets levy safety criteria

2156
03:08:39,800 --> 03:08:42,400
Established by the Army Corps levy design criteria

2157
03:08:43,560 --> 03:08:46,920
DWR's urban levy design criteria and our title 23

2158
03:08:46,920 --> 03:08:51,460
The reporting-analyzed subservous conditions, seismic vulnerability,

2159
03:08:52,240 --> 03:08:58,840
sea-page, substability, and settlement, and board staff has determined that there

2160
03:08:58,840 --> 03:09:03,420
are no anticipated adverse geotechnical impacts.

2161
03:09:06,260 --> 03:09:11,720
So, real estate requirements, Julia is acquiring the necessary real estate rights to

2162
03:09:11,720 --> 03:09:17,100
provide access and control needs for construction, operation, and maintenance of the project.

2163
03:09:17,100 --> 03:09:25,100
The project footprint will require approximately 100 acres of fee acquisition, including several rural residential properties,

2164
03:09:26,440 --> 03:09:34,340
and several hundred acres between the Uba River and the New Levy are being acquired, and most of those are owned by a mining company.

2165
03:09:37,840 --> 03:09:44,760
So, flowage easements, flowage easements are not being pursued by Trialia for the area between the Uba River and the proposed Levy.

2166
03:09:44,760 --> 03:09:53,080
The proposed levee is more than a mile, 1.2 and further in some places from the Yuba River

2167
03:09:53,080 --> 03:09:55,800
with a large high ground area in between.

2168
03:09:56,380 --> 03:10:00,000
The properties on the water side of the new levee will continue to have 100 year protection.

2169
03:10:00,000 --> 03:10:11,160
And in the 200-year event, the proposal will not result in an increase in flood damage beyond what the property is currently experienced from increased groundwater levels during an event.

2170
03:10:14,520 --> 03:10:20,720
So this is a schematic of the project, the proposed levies in the magenta at the bottom.

2171
03:10:21,500 --> 03:10:25,940
And you've got goldfields up to the north, and the U.B. River up north,

2172
03:10:27,960 --> 03:10:30,240
and it's very similar

2173
03:10:30,240 --> 03:10:41,500
schematic showing future water mining ponds, and then this is what's proposed, we've got

2174
03:10:41,500 --> 03:10:48,280
some proposed mining in that area on the existing high ground, which has 100-year protection.

2175
03:10:51,480 --> 03:10:57,070
So staff would recommend that the board adopt the

2176
03:10:57,070 --> 03:11:02,620
SQL findings for this project and approve

2177
03:11:02,620 --> 03:11:05,900
encroach from permit 1 9463 and substantially

2178
03:11:05,900 --> 03:11:09,720
to form provided and direct the executive officer to

2179
03:11:09,720 --> 03:11:12,640
take necessary actions to execute the permit and file

2180
03:11:12,640 --> 03:11:13,800
the notice of determination.

2181
03:11:15,000 --> 03:11:16,360
Thank you, Greg.

2182
03:11:17,160 --> 03:11:18,360
Any questions for the board?

2183
03:11:20,840 --> 03:11:22,000
Questions for the public?

2184
03:11:24,620 --> 03:11:25,920
Okay, I'll bring it back to the board.

2185
03:11:25,920 --> 03:11:27,300
Let's pleasure the board.

2186
03:11:29,440 --> 03:11:35,800
Move by Ramirez, seconded by, oh, Joe, OK.

2187
03:11:39,020 --> 03:11:41,420
All in favor, posed.

2188
03:11:42,460 --> 03:11:43,600
OK, thank you.

2189
03:11:44,560 --> 03:11:45,460
Thank you, Greg.

2190
03:11:46,520 --> 03:11:50,040
We'll go back to item 11A.

2191
03:11:50,060 --> 03:11:51,140
Joe, just real fast.

2192
03:11:51,840 --> 03:11:54,740
OK, I just have a moment to pause and just think

2193
03:11:54,740 --> 03:11:56,000
the last few things that happened.

2194
03:11:57,560 --> 03:11:59,660
These are like years in the making, right?

2195
03:11:59,660 --> 03:12:00,340
Oh, sure.

2196
03:12:00,520 --> 03:12:01,380
And it's lots to work.

2197
03:12:01,500 --> 03:12:05,840
And it took a lot to get to what was amount of five minutes for you to present that grade.

2198
03:12:06,140 --> 03:12:07,140
So that was great.

2199
03:12:07,860 --> 03:12:12,720
But I think it's worth just recognizing the years of investment from a lot of people.

2200
03:12:12,980 --> 03:12:14,440
And these are the kind of things you want to have happen.

2201
03:12:15,700 --> 03:12:20,240
So big thanks to the people that worked on this for years, decades, in some cases probably.

2202
03:12:21,100 --> 03:12:23,900
It's a really great thing to see come to this point.

2203
03:12:24,780 --> 03:12:28,040
And we didn't see much time talking about it today, but that's because there was so much

2204
03:12:28,040 --> 03:12:29,480
going to work done for a very long time.

2205
03:12:29,480 --> 03:12:31,520
So good to be you guys, both projects.

2206
03:12:32,160 --> 03:12:34,660
Tim, yeah, to that point, the lower L-Core and crew,

2207
03:12:34,800 --> 03:12:37,300
they had all their geotech, their hydro people here,

2208
03:12:37,380 --> 03:12:39,440
their real estate people here, they've been working on it

2209
03:12:39,440 --> 03:12:40,440
for a long time.

2210
03:12:40,720 --> 03:12:45,660
And then also Paul Brunner and Trilia, DWR,

2211
03:12:45,780 --> 03:12:47,540
they were all here, ready to answer any questions,

2212
03:12:48,020 --> 03:12:48,700
but went pretty smooth.

2213
03:12:49,300 --> 03:12:50,100
Thank you, everybody.

2214
03:12:52,100 --> 03:12:55,760
Yeah, thanks Tim for recognizing

2215
03:12:55,760 --> 03:12:58,840
we have to celebrate our successes every once in a while.

2216
03:12:58,840 --> 03:13:00,080
Thank you.

2217
03:13:04,270 --> 03:13:20,390
Okay, we're back to our time item 11A and this is an enforcement action and the board is being asked to approve the staff recommendation

2218
03:13:20,390 --> 03:13:31,210
on which are to one adoptive proposed enforcement order order as a respondent to secure the

2219
03:13:31,210 --> 03:13:37,270
water side levy berm by March 20th. We have prevent further erosion direct the staff

2220
03:13:37,270 --> 03:13:46,110
to record the order. We vote three previously issued encroachments permits for the encroachments

2221
03:13:46,110 --> 03:13:53,210
that no longer exist, and imposes an administrative penalty of $106,000 based upon the factors

2222
03:13:53,790 --> 03:13:56,090
set forth in the water code.

2223
03:13:58,310 --> 03:14:02,750
Now, gee, are you going to want to swear in these folks or not?

2224
03:14:06,280 --> 03:14:06,640
I am.

2225
03:14:06,680 --> 03:14:07,600
Thank you, Mr. President.

2226
03:14:08,580 --> 03:14:16,460
I would ask all persons who intend to testify today, please stand up and raise your right

2227
03:14:16,460 --> 03:14:16,940
hand.

2228
03:14:16,940 --> 03:14:18,800
So, I can ensure the oath.

2229
03:14:26,230 --> 03:14:26,930
Thank you.

2230
03:14:28,720 --> 03:14:31,660
Do you affirm to tell the truth, the whole truth, and nothing but the truth?

2231
03:14:31,740 --> 03:14:34,900
And these proceedings before this administrative body?

2232
03:14:36,960 --> 03:14:37,320
Thank you.

2233
03:14:37,640 --> 03:14:40,220
I would also ask any time you come up before,

2234
03:14:40,220 --> 03:14:43,960
of the initially before you come up to speak to the board,

2235
03:14:44,260 --> 03:14:47,760
confirm or I will also ask that you confirm that you have taken the oath,

2236
03:14:47,820 --> 03:14:48,820
so it's clear for the record.

2237
03:14:49,420 --> 03:14:52,440
So, please allow me to do that prior to you speaking.

2238
03:14:52,820 --> 03:14:53,540
Thank you.

2239
03:14:55,490 --> 03:14:56,170
Thank you.

2240
03:14:56,170 --> 03:14:59,930
gee, this is the way I'd like to personally.

2241
03:15:00,000 --> 03:15:11,160
Seed, presentation of the staff report, which I guess is going to be orchestrated by Sarah, questions from the board.

2242
03:15:12,600 --> 03:15:23,840
And then have Mr. Meyer, who is representative, present their case. We have a staff response to their rebuttal, so to speak.

2243
03:15:23,840 --> 03:15:26,660
We'll have questions from the board.

2244
03:15:28,180 --> 03:15:30,120
I'll ask for comments from the public.

2245
03:15:31,620 --> 03:15:33,920
Final comments from Mr. Meyer.

2246
03:15:34,560 --> 03:15:36,560
Final comments from the staff.

2247
03:15:37,040 --> 03:15:39,400
And then I'll bring it back to the board for a decision.

2248
03:15:42,140 --> 03:15:43,960
Everybody okay with that?

2249
03:15:44,900 --> 03:15:47,660
Okay. Yes, acceptable to ask Mr. President.

2250
03:15:48,600 --> 03:15:50,200
Okay. Sarah, you're up.

2251
03:15:50,360 --> 03:15:52,900
All right. Good afternoon. President Eggher.

2252
03:15:52,900 --> 03:15:54,820
Vice President Dolan members of the board.

2253
03:15:54,820 --> 03:15:59,700
My name is Sarah Bakas. I am staff counsel for the Central Valley Flood Protection Board.

2254
03:16:00,160 --> 03:16:04,540
Board enforcement staff is before you to request that you issue.

2255
03:16:05,100 --> 03:16:10,020
The proposed enforcement order against the LeMIR irrevocable trust LeMIR respondent

2256
03:16:10,380 --> 03:16:14,180
for violations that have occurred in our occurring at 79-07

2257
03:16:14,180 --> 03:16:16,200
Garden Highway Sacramento, California.

2258
03:16:17,340 --> 03:16:20,560
The enforcement section engineer assigned to this matter as John Tyson,

2259
03:16:20,560 --> 03:16:25,500
and he'll be explaining the technical aspects of the violations and the history of the enforcement

2260
03:16:25,500 --> 03:16:26,760
action to you.

2261
03:16:27,300 --> 03:16:31,500
You will remember that this matter came before you for affirmation of the cease and

2262
03:16:31,500 --> 03:16:35,200
the cease dorter on November 22nd, 2019.

2263
03:16:36,300 --> 03:16:41,960
The cease and the cease dorter required that Mr. Meyer comply with its terms by December 23rd,

2264
03:16:42,000 --> 03:16:47,760
2019 at this point Mr. Meyer has completely failed to comply with any of the terms

2265
03:16:47,760 --> 03:16:55,260
of the season to sister and the property is in the same or worse condition than it was at that time.

2266
03:16:55,580 --> 03:17:02,920
So just for some background on this hearing, the purpose is to consider the issuance of an enforcement order.

2267
03:17:03,860 --> 03:17:06,880
The staffs requested enforcement order is in your packets.

2268
03:17:07,780 --> 03:17:16,220
According to the water code, the board may approve a man or reject the proposed enforcement order and take any of the following actions.

2269
03:17:16,220 --> 03:17:20,680
You may order removal, modification, or abatement of the encroachment.

2270
03:17:21,020 --> 03:17:25,060
You may order restoration of the site, excuse me.

2271
03:17:25,220 --> 03:17:27,220
You may impose administrative penalties.

2272
03:17:28,560 --> 03:17:32,560
You may order that the enforcement order be recorded with the county.

2273
03:17:33,540 --> 03:17:38,700
You may initiate a civil action in the name of the state, and you may order any other

2274
03:17:38,700 --> 03:17:44,320
action or condition that the board considers to be proper to resolve the violation.

2275
03:17:44,320 --> 03:17:50,780
and just to note that we are not requesting it this time that the Board initiated a civil

2276
03:17:50,780 --> 03:17:51,420
action.

2277
03:17:53,840 --> 03:17:58,260
And this hearing would be conducted in the same manner as a normal hearing before

2278
03:17:58,260 --> 03:18:02,240
the Board and technical rules of evidence would not be applied.

2279
03:18:04,280 --> 03:18:07,060
So at this time, unless you

2280
03:18:07,060 --> 03:18:11,960
I don't have any questions of me board members, I'll turn it over to John.

2281
03:18:13,620 --> 03:18:14,000
No questions?

2282
03:18:14,880 --> 03:18:15,140
All right.

2283
03:18:19,970 --> 03:18:20,830
That's for me, John.

2284
03:18:21,290 --> 03:18:22,430
I have to do in President Eiger.

2285
03:18:22,530 --> 03:18:23,670
My name is John Tyson.

2286
03:18:24,450 --> 03:18:26,910
I have to take in the oath.

2287
03:18:28,030 --> 03:18:28,470
You're welcome.

2288
03:18:29,730 --> 03:18:31,010
If you'd have to do in President Eiger.

2289
03:18:31,130 --> 03:18:32,290
Vice President Dolan.

2290
03:18:32,610 --> 03:18:33,850
Other members of the board.

2291
03:18:34,370 --> 03:18:35,010
Mr. Meyer.

2292
03:18:35,410 --> 03:18:36,150
Members of the public.

2293
03:18:36,830 --> 03:18:37,950
Again, I'm John Tyson.

2294
03:18:37,950 --> 03:18:43,130
with the Central Valley Club Protection Board Enforcement Section, and we're here to discuss

2295
03:18:43,130 --> 03:18:51,110
the enforcement case number 2017-15464 public hearing for the enforcement order against

2296
03:18:51,110 --> 03:18:53,130
the entire irrevocable trust.

2297
03:18:54,080 --> 03:19:01,250
We have proposed board action before you this afternoon, and this slide here is a summary

2298
03:19:01,250 --> 03:19:06,450
of board staff's recommendations which will be discussed in more detail at the end of this

2299
03:19:09,300 --> 03:19:14,480
So a proposed board action before you is to adopt an enforcement order for the

2300
03:19:14,480 --> 03:19:19,700
respondent that one finds the respondent violated several flood control

2301
03:19:19,700 --> 03:19:23,780
statutes in the California water code and title 23 of the California

2302
03:19:23,780 --> 03:19:29,340
code of regulations. The details of the California code of water code and

2303
03:19:29,340 --> 03:19:33,680
title 23 statute violations can be found in the staff report within the

2304
03:19:33,680 --> 03:19:36,740
one of the violation and seasons assist order attachments.

2305
03:19:38,560 --> 03:19:42,820
The second thing is we find the respondent responsible and liable for the repair of the water

2306
03:19:42,820 --> 03:19:44,680
side-leavy berm and other violations.

2307
03:19:46,020 --> 03:19:51,340
The third order is the respondent to secure the water side-leavy berm for certain the title 23

2308
03:19:51,340 --> 03:19:53,700
to prevent further water-side berm erosion.

2309
03:19:55,160 --> 03:19:59,720
4th item is to revoke permits no. 1, 2, 5, 3, 5, Dashe.

2310
03:20:00,000 --> 03:20:07,560
1, 3, 5, 3, 1, and 1, 4, 5, 3, that were previously issued for this location.

2311
03:20:08,600 --> 03:20:15,700
These permits are recommended to be revoked, because the encroachments do not physically exist now.

2312
03:20:15,700 --> 03:20:21,000
And five, imposes a administrative penalty in the amount of $106,000.

2313
03:20:21,720 --> 03:20:27,060
The administrative penalty is based on California water code section 80704,

2314
03:20:27,520 --> 03:20:33,160
and the details of the penalty are noted on page 12 of the staff report and at the end of this presentation.

2315
03:20:35,590 --> 03:20:43,890
The violations are located north of the interstate 5, south of West El Verde Road, on the waterside

2316
03:20:43,890 --> 03:20:50,730
berm of the left bank Sacramento River Levy, at 79-07 Garden Highway, approximately one

2317
03:20:50,730 --> 03:20:53,250
mile, northwest of the Sacramento Airport.

2318
03:20:55,400 --> 03:21:01,220
Here's a close-up aerial view of where the violations are located, the Sacramento River

2319
03:21:01,220 --> 03:21:06,620
is to the west of the property, the Sacramento River left bank Levy is to the east of

2320
03:21:09,110 --> 03:21:21,950
There's a short snippet of all the applicable laws of regulations that are in detail, noted in the staff report, specifically within notice of violation and cease and cease and

2321
03:21:21,950 --> 03:21:23,210
disist order attachments.

2322
03:21:24,090 --> 03:21:28,310
These can be gone over in detail of the board's so desires.

2323
03:21:29,390 --> 03:21:36,090
Please note there are a total of 16 violations of Title 23 and board encroachment permit conditions.

2324
03:21:36,090 --> 03:21:40,350
only two of these violations have been remedied at this time.

2325
03:21:42,970 --> 03:21:46,390
We do have an easement here.

2326
03:21:47,050 --> 03:21:52,310
The California, the Central Valley Public Protection Board, through the Sacramento and

2327
03:21:52,310 --> 03:21:57,370
San Joaquin drainage district, has a joint use agreement with and easement with reclamation

2328
03:21:57,370 --> 03:21:58,750
district 1,000.

2329
03:21:58,910 --> 03:22:03,610
That covers the entire property where the violations occurred, including the garden highway.

2330
03:22:03,610 --> 03:22:13,270
This map is from the DWR Division of Engineering Geodetic Branch and is noted as Exhibit B in the Staff Report.

2331
03:22:16,580 --> 03:22:18,100
Now we're going to go over the background.

2332
03:22:20,900 --> 03:22:25,260
In June 2009, Ms. Peggy and Mr. Chen Xiang purchased the property.

2333
03:22:26,860 --> 03:22:34,580
In January 13, 2011, Reclamation District 1,000 Staff was made aware of water side bank subsidence by Mr. Chen.

2334
03:22:35,740 --> 03:22:42,080
R-D-1,000 staff advised you in June to obtain the services of a California registered professional civil

2335
03:22:42,080 --> 03:22:45,740
engineer to develop a plan and address the subsidence.

2336
03:22:46,100 --> 03:22:49,680
However, no such plan was ever submitted to R-D-1,000 or the board.

2337
03:22:50,940 --> 03:22:54,960
If you could look at the picture on the left, you can see where the subsidence is and we

2338
03:22:54,960 --> 03:22:59,080
made a reference point for the steps of the picture on the left.

2339
03:22:59,080 --> 03:23:03,680
So, those pictures have approximately six years

2340
03:23:03,680 --> 03:23:05,680
difference between that.

2341
03:23:05,780 --> 03:23:07,900
It should be noted at the Waterside

2342
03:23:07,900 --> 03:23:10,620
Burm at this location consists of sandy soils.

2343
03:23:14,180 --> 03:23:18,000
On January 4, 2018 board and already 1,000 staff,

2344
03:23:18,180 --> 03:23:20,920
along with other local public agency representatives,

2345
03:23:21,760 --> 03:23:24,200
visited the site to further assess the Waterside

2346
03:23:24,200 --> 03:23:27,440
Baker Ocean and discuss issues with Miss Hew.

2347
03:23:27,880 --> 03:23:30,640
Miss Hew was advised by Board staff to investigate

2348
03:23:30,640 --> 03:23:34,120
into an engineered solution to save for property at that time.

2349
03:23:35,360 --> 03:23:42,500
On March 6, 2018 Board Staff issued a notice of violation and OVE to Mr. Chiang, who received it

2350
03:23:42,500 --> 03:23:50,260
on March 10, 2018. On April 17, 2018 Board Staff received a written response to the NOV from

2351
03:23:50,260 --> 03:23:55,900
Ms. Yves Attorney, Mr. Brian Manning, which included a request for more information and more

2352
03:23:55,900 --> 03:24:00,700
to respond, however his response did not address the NOV corrective actions.

2353
03:24:01,640 --> 03:24:08,140
On May 11, May 11, 2018, Board staff conducted a water-side inspection of the property

2354
03:24:08,140 --> 03:24:11,820
to determine the extent of the observed water-side burn erosion.

2355
03:24:13,360 --> 03:24:20,940
And here we have a photograph from the water, where we observe the erosion occurred in the

2356
03:24:20,940 --> 03:24:23,380
water-side burn area behind the dwelling.

2357
03:24:24,660 --> 03:24:30,780
There's a picture of the property to the north, where we found it had not experienced erosion.

2358
03:24:31,540 --> 03:24:40,760
The property line between the property to the north and 7907 is approximately where that large clump of trees are with the telephone pole sticking out through the top.

2359
03:24:43,780 --> 03:24:48,760
The south end of 7907 Garden Highway only experienced minor erosion.

2360
03:24:49,640 --> 03:24:51,500
That's what we saw from the water.

2361
03:24:53,060 --> 03:24:59,940
So, on June 11, 2018, Board staff provided the information requested by Mr. Manning in his April.

2362
03:25:00,000 --> 03:25:08,980
17, 2018, N.O.V. response letter. On June 22, 2018, Board staff received a public records act request for

2363
03:25:08,980 --> 03:25:15,180
Mr. Manning, asking for all documents related to 79,07, Garden Highway. Board staff provided

2364
03:25:15,180 --> 03:25:25,200
the requested information to Mr. Manning on July 9, 2018. On February 22, 2019, Board staff

2365
03:25:25,200 --> 03:25:30,560
sent the letter to Miss Yi and Mr. Manning and forming them due to their lack of response to

2366
03:25:30,560 --> 03:25:36,180
the NOV, even after all the additional request and information was provided, and by default

2367
03:25:36,180 --> 03:25:41,540
had received more time to respond that the board would be moving forward with this as a

2368
03:25:41,540 --> 03:25:42,560
forcement process.

2369
03:25:45,690 --> 03:25:51,010
On June 12, 2019, Board staff had the phone conversation with the respondent,

2370
03:25:51,270 --> 03:25:56,610
regarding the NOV because he had received a copy of it from Miss Yi, and had questions about

2371
03:25:56,610 --> 03:26:02,010
corrective actions and title 23 compliance requirements if he purchased the property.

2372
03:26:02,710 --> 03:26:09,630
On June 14, Board staff sent an email to the responded documenting this June 12th conversation.

2373
03:26:10,890 --> 03:26:16,770
On July 16, 2019, Board staff met with the respondent at the Board's operations as branch office

2374
03:26:16,770 --> 03:26:20,790
and provided him with a hard copy of both the NB and title 23.

2375
03:26:20,790 --> 03:26:26,350
I mean, the respondent was informed if he purchased the property, he would have to comply

2376
03:26:26,350 --> 03:26:31,850
with the NOV and all of its corrective actions, which included a this middle of a stabilization

2377
03:26:31,850 --> 03:26:37,530
plan, prepared by a California licensed civil engineer to address the water side bank

2378
03:26:37,530 --> 03:26:40,110
erosion and other non-compliant encroachments.

2379
03:26:42,490 --> 03:26:47,970
On September 14, 2019, the respondent notified Board staff he had purchased the property.

2380
03:26:47,970 --> 03:26:52,770
He had also provided board staff with a copy of the grant deed on the same day.

2381
03:26:53,670 --> 03:27:04,590
Three days later on September 17, board staff notified the respondent via email that he needed to provide response to the NOB by October 7, 2019.

2382
03:27:05,770 --> 03:27:13,910
Since board staff had talked and met with the respondent about complying with the NOB corrective actions and Title 23 prior to his purchase of the property,

2383
03:27:13,910 --> 03:27:18,890
It was determined a three week notice of violation response timeframe would be appropriate.

2384
03:27:19,910 --> 03:27:26,750
On October 7, 2019, the respondent did submit a document titled Stabilization Plan

2385
03:27:26,750 --> 03:27:28,770
Dash Compliance to Board Staff.

2386
03:27:29,210 --> 03:27:30,930
We started calling it the plan.

2387
03:27:32,330 --> 03:27:37,410
On October 11, 2019, Board Staff notified the respondent that his submitted plan was received

2388
03:27:37,410 --> 03:27:41,270
that the plan did not comply with the notice of violation because it did not include

2389
03:27:41,270 --> 03:27:46,770
the stabilization plan with design documents and a project schedule prepared by a registered

2390
03:27:46,770 --> 03:27:51,390
California Professional Engineer and that board staff would be moving forward with its

2391
03:27:51,390 --> 03:27:52,690
enforcement process.

2392
03:27:53,970 --> 03:28:02,150
On October 22nd, 2019, the executive officer upon board staff recommendation issued a

2393
03:28:02,150 --> 03:28:05,110
season to sister to the respondent.

2394
03:28:05,310 --> 03:28:07,650
We call a season to sister or a CDO.

2395
03:28:07,650 --> 03:28:13,530
Board staff also scheduled a CDO meeting as part of the Board's regular monthly meeting until I,

2396
03:28:13,790 --> 03:28:16,810
I'm sorry, on November 22nd, 2019.

2397
03:28:17,710 --> 03:28:27,270
On November 22nd, 2019, the Board unanimously affirmed the CDO and required the respondent to comply with it by December 23rd, 2019.

2398
03:28:28,110 --> 03:28:31,390
The respondent did attend and speak at the CDO meeting.

2399
03:28:32,250 --> 03:28:36,950
On November 25th, 2019, Board staff sent a letter to the respondent,

2400
03:28:36,950 --> 03:28:41,190
Notifying him of the Board's CDO meeting decision and required actions.

2401
03:28:41,870 --> 03:28:47,950
On December 20th, 2019, the respondent filed a Public Records Act request asking for

2402
03:28:47,950 --> 03:28:53,450
a copy of the November 22nd Board Meeting Transcript, Board staff provided the respondent

2403
03:28:53,450 --> 03:28:56,610
a copy of this meeting transcript on the same day.

2404
03:28:57,930 --> 03:29:04,970
On November 23rd, 2019, the respondent did not comply with the CDO as directed by the Board.

2405
03:29:04,970 --> 03:29:12,570
staff notified him via email of this non-compliance, and that board staff would be moving forward with his enforcement process.

2406
03:29:14,090 --> 03:29:19,170
January 24, 2020, board staff prepared a notice of public hearing package,

2407
03:29:19,810 --> 03:29:25,250
had sent it to the respondent via overnight mail, certified mail, regular mail, and email

2408
03:29:25,250 --> 03:29:31,170
with a link to an electronic document drop box. On January 28, 2020,

2409
03:29:31,170 --> 03:29:36,550
Board staff serve the notice of public hearing package to the respondent by posting it on the

2410
03:29:36,550 --> 03:29:43,070
respondent's front door porch at 7907 Garden Highway, which met our statutory 30-day advanced

2411
03:29:43,070 --> 03:29:49,030
notice requirement. Staff also received confirmation of the overnight mail delivery of the notice

2412
03:29:49,030 --> 03:29:58,050
of public hearing package on the same day. On January 29, 2020 Board staff sent the respondent

2413
03:29:58,050 --> 03:29:59,990
email with a service supposed

2414
03:30:00,000 --> 03:30:09,200
Judging Declaration for the notice of public hearing attached and requested his knowledge of the receipt. We did not receive any acknowledgment.

2415
03:30:10,320 --> 03:30:25,100
In February 13, 2020, no statement of defense or other evidence was received by Board staff from the respondent 15 days before the public hearing, per title 23, section 25, and the notice of public hearing document.

2416
03:30:25,920 --> 03:30:32,140
On February 19th, 2020, Board staff sent an email to the respond with a copy of the February

2417
03:30:32,840 --> 03:30:37,860
28th, 2020 board meeting agenda letting him know the public hearing for this enforcement case

2418
03:30:37,860 --> 03:30:41,140
would be held at 1 p.m. on February 28th.

2419
03:30:43,190 --> 03:30:48,250
We also called the respondent on February 21st and left a message for his mail message to let

2420
03:30:48,250 --> 03:30:53,350
him know the public hearing would be heard at 1 p.m. on February 28th.

2421
03:30:53,350 --> 03:30:56,530
Now, we're going to go through the staff analysis of

2422
03:30:56,530 --> 03:31:00,950
encroachments and activities that we observed at the property.

2423
03:31:01,450 --> 03:31:04,030
This portion of the presentation will highlight the activities

2424
03:31:04,030 --> 03:31:06,650
and encroachments which may have contributed to the water

2425
03:31:06,650 --> 03:31:07,590
side-broom erosion.

2426
03:31:08,510 --> 03:31:11,630
All of the following images for this portion were obtained

2427
03:31:11,630 --> 03:31:14,290
from Google Earth Historical imagery.

2428
03:31:15,510 --> 03:31:18,190
First item that we saw was the non-compliant

2429
03:31:18,190 --> 03:31:21,210
unauthorized retaining wall, which was installed along the

2430
03:31:23,290 --> 03:31:35,370
The picture on the left shows you the retaining wall in May of 2009, the picture on the right shows you the retaining wall, as it looked in February 2018, with part of it missing and part of it still there.

2431
03:31:38,690 --> 03:31:52,650
The next item we saw was a non-compliant unauthorized pond, south of the main dwelling and east of the non-compliant unauthorized retaining wall, which was installed around August 2009, soon after Missy and Mr. Chiang acquired the property.

2432
03:31:52,650 --> 03:32:01,210
This unauthorized pond was removed by April, April 2015, approximately six years after its installation.

2433
03:32:02,110 --> 03:32:06,830
The unauthorized pond may have contributed to the over-saturation of the water-side levy berm,

2434
03:32:07,150 --> 03:32:09,590
making this area more susceptible to erosion.

2435
03:32:13,630 --> 03:32:19,690
This here is, we observe some water-side berms of science,

2436
03:32:19,890 --> 03:32:22,130
one of the first photos you saw in this presentation.

2437
03:32:22,130 --> 03:32:29,410
So this waterside berm subsides occurred east of the unauthorized retaining wall and west of the pond and the

2438
03:32:29,410 --> 03:32:36,350
retaining wall itself subsided and this was observed by RD1000 staff in January 2011.

2439
03:32:37,370 --> 03:32:42,770
RD1000 staff met with Mitch Missy when this subsided and secured and recommended to her

2440
03:32:42,770 --> 03:32:48,230
that she contacted California Professional Engineer to develop a plan to address the subsides.

2441
03:32:49,070 --> 03:32:55,490
However, no such engineer plan was ever submitted to RD1000 or the board for review and approval.

2442
03:32:56,910 --> 03:33:05,250
Now, you can see the picture on the right shows how this is a downstream southern view of what happened there.

2443
03:33:05,530 --> 03:33:14,670
And the picture on the left shows the downstream view of what happened in the picture on the right shows the northern upstream view of what happened there.

2444
03:33:14,670 --> 03:33:20,270
And I would like you to take note of the many trees that are leaning over the waterside

2445
03:33:20,270 --> 03:33:24,950
berm over the water right there, because in the next slide, we're going to talk about that.

2446
03:33:26,940 --> 03:33:32,380
In 2011, large trees located north of the pond in west of the non-compliant retaining wall

2447
03:33:32,380 --> 03:33:37,720
fell into the Sacramento River due to lack of proper waterside and landside tree maintenance.

2448
03:33:38,580 --> 03:33:42,880
These up on these underlaying upended root structures of these collapsed trees,

2449
03:33:42,880 --> 03:33:48,200
Along with the trees themselves, lying in the water, may have contributed to the water-side

2450
03:33:48,200 --> 03:33:48,900
room erosion.

2451
03:33:49,500 --> 03:33:53,920
The picture on the left, you can see the tree is standing out.

2452
03:33:54,060 --> 03:33:59,500
There's a large shadow of the tree on the water, and in the picture on the right, you see

2453
03:33:59,500 --> 03:34:02,800
the trees lying in the water, right there.

2454
03:34:06,890 --> 03:34:12,550
Also in this picture, if you could write where the arrows come out of the text boxes, you

2455
03:34:12,550 --> 03:34:15,310
You can kind of see where the boat dock dislocated.

2456
03:34:15,630 --> 03:34:17,910
And we're going to talk about the boat dock at the next slide.

2457
03:34:18,950 --> 03:34:21,990
An authorized boat dock that was permitted fell into the state of

2458
03:34:21,990 --> 03:34:27,570
just repair from the lack of regular maintenance.

2459
03:34:28,090 --> 03:34:31,770
And in 2011, it appears to have washed away into the Sacramento River.

2460
03:34:32,110 --> 03:34:36,730
So in the picture on the right is when the boat dock is, we first have a good

2461
03:34:36,730 --> 03:34:43,370
or third of each of it, and in 2011 is when the Botak has disappeared.

2462
03:34:45,050 --> 03:34:50,230
The next item was part of a permanent deck on the west side of the dwelling was removed in 2013

2463
03:34:50,230 --> 03:34:53,250
without obtaining authorization from the board.

2464
03:34:53,770 --> 03:34:59,930
So you can see the deck on the left picture in 2012 and the deck on 2013 is reduced.

2465
03:35:00,820 --> 03:35:08,540
On the right picture, the removal of the deck and the underlying deck support structures may have contributed to the waterside Burma erosion.

2466
03:35:10,980 --> 03:35:28,800
The next items are, an author, an author, I structure was erected near the south east, dwelling corner in 2012. This 2012 structure was removed by January 2013. The other structure was erected west of the dwelling in 2013.

2467
03:35:28,800 --> 03:35:33,820
and that structure was removed by April 2015.

2468
03:35:34,720 --> 03:35:40,080
The erection and subsequent equipment removal of these unauthorized structures may have contributed

2469
03:35:40,080 --> 03:35:41,620
to the water site berm erosion.

2470
03:35:44,440 --> 03:35:48,080
The next item here is based on historical aerial imagery,

2471
03:35:48,500 --> 03:35:52,020
non-compliant unauthorized large bushy plants were grown

2472
03:35:52,020 --> 03:35:55,500
and then removed over a large area on the water site berm

2473
03:35:55,500 --> 03:36:03,440
West in South of the Dueling for four years, 2012, 2013, 2015, and 2016.

2474
03:36:04,440 --> 03:36:08,760
This repeated type of agricultural activity may have contributed to the over-saturation

2475
03:36:08,760 --> 03:36:13,460
of the water-side levee burn, making this area more susceptible to erosion.

2476
03:36:14,280 --> 03:36:20,020
In the picture on left, 2012, approximately 60 large bushy plants can be seen.

2477
03:36:20,020 --> 03:36:26,560
The picture on the right, for 2013, approximately 90 large bushy plants can be seen.

2478
03:36:28,390 --> 03:36:37,010
And here's the pictures of 2015 and 2016 in both pictures approximately 80 large bushy plants can be seen.

2479
03:36:39,190 --> 03:36:41,470
Our board staff conclusions are as follows.

2480
03:36:42,090 --> 03:36:51,050
There are numerous violations of the California Water Code, Title 23, and previous the issued permanent conditions for at 79 or 7 garden highway.

2481
03:36:51,050 --> 03:36:57,130
The previous property owners' actions may have contributed to the Sacramento River, Left Bank,

2482
03:36:57,330 --> 03:37:01,930
Levy, Waterside, Burm Erosion. The lack of regular maintenance on permanent

2483
03:37:01,930 --> 03:37:07,610
encroachments and the property in general, the unauthorized removal of permanent encroachments.

2484
03:37:08,250 --> 03:37:14,230
The installation of non-compliant unauthorized encroachments, and the unauthorized agricultural activities

2485
03:37:14,230 --> 03:37:20,030
over many years on the Waterside Burm are the main observed contributing factors to the

2486
03:37:20,030 --> 03:37:23,090
control the water side burn erosion at this location.

2487
03:37:23,990 --> 03:37:28,290
The respondent has the new property owner being fully aware of the property's condition

2488
03:37:28,290 --> 03:37:33,610
before purchase, is now responsible for the repair of the water side burn erosion.

2489
03:37:36,240 --> 03:37:38,580
Our board staff recommendations are as follows.

2490
03:37:39,560 --> 03:37:46,060
To adopt the proposed enforcement order, number 2020-01, and as noted in attachment A in

2491
03:37:46,060 --> 03:37:51,580
the staff report, for the respondent which holds him both responsible and liable for the

2492
03:37:51,580 --> 03:37:53,840
repair of the water side burn and other violations.

2493
03:37:55,140 --> 03:37:57,720
And, orders that we respond it to secure the water side

2494
03:37:57,720 --> 03:38:01,660
levee burn by March 30th, 2020, to prevent further

2495
03:38:01,660 --> 03:38:02,920
water side burn erosion.

2496
03:38:04,920 --> 03:38:08,080
Second, direct support staff to record this enforcement order

2497
03:38:08,080 --> 03:38:11,140
with the office of the County Recorder for Sacramento County

2498
03:38:11,140 --> 03:38:14,360
to ensure that any potential future buyer of this property

2499
03:38:14,360 --> 03:38:16,960
is fully aware of the enforcement action

2500
03:38:16,960 --> 03:38:19,120
and it's required corrective actions.

2501
03:38:21,520 --> 03:38:29,720
3, revokes that the 3 previous issued encroach from permits for the, sorry, revokes

2502
03:38:29,720 --> 03:38:34,740
3, previously issued encroach from permits for encroachments that now no longer physically

2503
03:38:34,740 --> 03:38:35,440
exists.

2504
03:38:36,100 --> 03:38:42,700
Permit number 1, 2, 5, 3, 5, 8, issued to retain an existing corral fence, redwood decking

2505
03:38:42,700 --> 03:38:43,340
and spawn.

2506
03:38:43,340 --> 03:38:50,100
Permit number 1, 3, 5, 3, 1, issued to install a boat dock anchored by cable and concrete

2507
03:38:50,100 --> 03:38:50,740
deadmen.

2508
03:38:51,460 --> 03:38:58,420
Permit number 1, 4, 5, 3, issued to a place rip wrap on the water side berm south of the dwelling.

2509
03:39:01,100 --> 03:39:07,860
And the last item in the order is to impose an administrative penalty of $16,000, based

2510
03:39:07,860 --> 03:39:13,020
upon the five factors set forth in section four of the staff report, and also identified

2511
03:39:13,020 --> 03:39:18,660
in California water code 80704 and is determined as follows.

2512
03:39:19,940 --> 03:39:25,880
Violations 5 and 6 were assessed the highest administrative penalty at $50,000 each because

2513
03:39:25,880 --> 03:39:28,920
of their severity and high risk of damage to the floodway.

2514
03:39:29,500 --> 03:39:35,620
The remaining violations were considered low risk of damage to the floodway and therefore

2515
03:39:35,620 --> 03:39:39,480
assessed the minimum administrative penalty at $500 each.

2516
03:39:39,480 --> 03:39:47,480
Please note that violations 8 and 11 have been corrected and we're not included as part of the proposed penalty calculation.

2517
03:39:49,830 --> 03:39:54,770
In conclusion, Board staff has been in contact with respondents since May 2019.

2518
03:39:55,870 --> 03:39:59,810
Board staff has attempted to achieve compliance with the previous property owners.

2519
03:40:00,000 --> 03:40:06,820
And the respondent, at the lowest possible level, level, over the past two years. Unfortunately, this

2520
03:40:06,820 --> 03:40:11,680
is not occurred, the being staff with no other option, but to proceed with our enforcement

2521
03:40:11,680 --> 03:40:18,100
process in order to preserve the safety of the responded and the public. It should be noted

2522
03:40:18,100 --> 03:40:22,840
that the respondent has made past statements to board staff leading them to believe that he would

2523
03:40:22,840 --> 03:40:27,020
comply with the NOB and the CDO corrective actions.

2524
03:40:27,740 --> 03:40:30,000
Respondent also indicated to the Board itself

2525
03:40:30,000 --> 03:40:33,840
at the November 22nd CDO meeting that he would comply

2526
03:40:33,840 --> 03:40:35,040
with the corrective actions.

2527
03:40:35,640 --> 03:40:37,220
This is not occurred at this time.

2528
03:40:41,440 --> 03:40:42,900
And that concludes my presentation.

2529
03:40:43,420 --> 03:40:44,980
I'm available to answer any questions.

2530
03:40:45,160 --> 03:40:47,420
The Board members may have regarding miscades.

2531
03:40:48,280 --> 03:40:51,420
Question from the Board at this point of Mr. Tyson.

2532
03:40:57,520 --> 03:40:58,480
OK, thank you, John.

2533
03:40:58,980 --> 03:40:59,580
Thank you.

2534
03:40:59,580 --> 03:41:03,100
There does, do you have any other people?

2535
03:41:03,100 --> 03:41:05,460
No, not unless the board has any questions at me.

2536
03:41:08,120 --> 03:41:09,420
Don't hear any at this point.

2537
03:41:09,960 --> 03:41:14,200
So we'll have the responded, make it case, please.

2538
03:41:21,190 --> 03:41:24,990
I'm going to have another gentleman speak after I get done.

2539
03:41:27,030 --> 03:41:29,710
In your, excuse me, I was under oath.

2540
03:41:30,050 --> 03:41:32,210
And if you could all say, or if you'd like to,

2541
03:41:32,250 --> 03:41:33,250
I'd like to thank you for the rest of me.

2542
03:41:35,030 --> 03:41:39,430
Mr. Meyer, if you could also please state your name for the record as you begin your

2543
03:41:40,070 --> 03:41:40,550
presentation.

2544
03:41:40,970 --> 03:41:41,450
Thank you.

2545
03:41:41,570 --> 03:41:42,950
Thank you.

2546
03:41:42,950 --> 03:41:43,070
Thank you.

2547
03:41:43,070 --> 03:41:43,550
Okay.

2548
03:41:44,970 --> 03:41:49,470
Approximately May, I took the initiative to contact the Central Valley Flood

2549
03:41:49,470 --> 03:41:54,210
because Peggy E told me of some existing problems.

2550
03:41:54,790 --> 03:41:55,790
They didn't come after me.

2551
03:41:55,850 --> 03:41:56,410
I went to them.

2552
03:41:56,550 --> 03:41:59,530
I went to John's office, sat there with him for several hours.

2553
03:41:59,650 --> 03:42:01,130
He gave me title 23.

2554
03:42:01,130 --> 03:42:07,810
It's extensive and it could be a career move on its own, but at any rate, I reviewed it.

2555
03:42:07,810 --> 03:42:13,570
And then I start reviewing a few things, most of the violations that are listed there

2556
03:42:13,570 --> 03:42:18,410
that were from years back well before May when I came on the scene.

2557
03:42:19,090 --> 03:42:22,810
Okay, so these things did occur, but I didn't do.

2558
03:42:23,890 --> 03:42:30,190
There is a stipulation in the permit from 1964 when the property was originally constructed,

2559
03:42:30,190 --> 03:42:33,150
that says that the homeowner will maintain.

2560
03:42:33,750 --> 03:42:42,010
So I looked up the definition of maintenance and it says existing items to be kept to their

2561
03:42:42,010 --> 03:42:44,470
standard of their original construction.

2562
03:42:45,390 --> 03:42:49,330
So we're not looking at, and I'm focusing primarily on the riverside.

2563
03:42:49,550 --> 03:42:53,510
We're not looking at a maintenance, we're looking at a new construction.

2564
03:42:54,490 --> 03:43:01,330
So from the very beginning, I said to John, normally, as an example, if somebody smashes into

2565
03:43:01,330 --> 03:43:08,050
your car, you define who did the smashing, and then you say, hey, you need to fix my car.

2566
03:43:09,130 --> 03:43:13,970
You don't go looking for some guy on the curb and say, oh man, that other guy just took off.

2567
03:43:14,010 --> 03:43:15,230
Now you got to fix my car.

2568
03:43:16,090 --> 03:43:22,310
So first of all, I'm not liable based on the new owner or successor based on maintenance,

2569
03:43:22,310 --> 03:43:29,430
because there's no maintenance. It's gone. I read the class action lawsuit. There were over

2570
03:43:31,270 --> 03:43:37,450
almost 2,000 victims of this high-water event. And even in the violation, John says,

2571
03:43:38,390 --> 03:43:45,210
this occurred due to high-water event of February 12 through 14.

2572
03:43:46,090 --> 03:43:50,270
That high-water event is directly related to oral-filled end.

2573
03:43:51,450 --> 03:43:57,210
The case class action lawsuit has many litigants, many attorneys, and every one of them

2574
03:43:57,210 --> 03:44:04,970
say that the liable party from the high-water event is the lack of maintenance by the department

2575
03:44:04,970 --> 03:44:06,070
of water resources.

2576
03:44:06,790 --> 03:44:11,790
So it has been my position from the beginning that I'm not the guy who should pay to repair

2577
03:44:11,790 --> 03:44:18,630
this. I should not be the guy named in the violation. My assistant here, David, read a deal that

2578
03:44:18,630 --> 03:44:25,530
says that it is the duty of the Department of Water Resources to determine liability. And from

2579
03:44:25,530 --> 03:44:31,610
the very beginning, there never was any effort to determine liability. It was just year the guy,

2580
03:44:31,850 --> 03:44:37,230
year there, you bought the property, you got to fix it. So I'm not trying to give anybody a hard

2581
03:44:37,230 --> 03:44:44,110
I'm just a busy guy. What I do for a living is I design medical analytical equipment things that save lives

2582
03:44:44,110 --> 03:44:52,530
I'm a 20-hour a day guy, so squeezing in all of these things is challenging. In addition, every attorney that I spoke to

2583
03:44:53,450 --> 03:44:54,230
would not

2584
03:44:54,230 --> 03:44:59,950
Let me hire them because they said they all worked for you and they don't want to cross you guys

2585
03:45:00,000 --> 03:45:29,980
And the Department of Water Resources to represent a private party. So I went to the self-help, this and that. I wrote my own activities, my own actions. I did my own efforts. And basically, when you have two parties. And they can't come to any kind of reason of all understanding. You guys are saying not you, but your group. You know, are saying, you bought the house, you're liable. You got to fix it. That was even just one thing.

2586
03:45:30,000 --> 03:45:31,920
on statement here a few minutes ago.

2587
03:45:32,240 --> 03:45:35,680
Yes, I did buy the property, but I didn't do the damage.

2588
03:45:36,920 --> 03:45:39,560
And as far as things like plants growing there

2589
03:45:39,560 --> 03:45:41,300
and potentially weakening something,

2590
03:45:42,460 --> 03:45:44,320
I can hire some physicists and some people.

2591
03:45:44,460 --> 03:45:46,540
And if we have to get down to the needy gritty,

2592
03:45:46,900 --> 03:45:48,640
I'm not concerned about those things.

2593
03:45:48,720 --> 03:45:51,320
I'm also not concerned about the 2011

2594
03:45:52,860 --> 03:45:56,320
when Peggy E called in and said some dirt fell down

2595
03:45:56,320 --> 03:45:57,940
at the south end of the property.

2596
03:45:58,260 --> 03:45:59,280
It did do that.

2597
03:45:59,280 --> 03:46:01,440
And I'm happy to fix it.

2598
03:46:01,700 --> 03:46:06,040
But the problem here is liability, liability, liability.

2599
03:46:06,820 --> 03:46:07,760
I didn't do it.

2600
03:46:08,020 --> 03:46:09,740
The Department of Water Resources did.

2601
03:46:10,280 --> 03:46:11,700
There's a hundred other lawsuits.

2602
03:46:12,480 --> 03:46:15,420
City of Chicos, sued, the Department of Water Resources

2603
03:46:15,420 --> 03:46:19,280
just won a $13 million lawsuit for flooding their streets

2604
03:46:19,280 --> 03:46:22,100
and wrecking them, the Ramsey, the District Attorney

2605
03:46:22,100 --> 03:46:25,400
of Bute County, sued the Department of Water Resources

2606
03:46:25,400 --> 03:46:28,940
for dumping, encroaching, dumping dirt and debris

2607
03:46:28,940 --> 03:46:34,900
to the river. It was so occluded that they had to net the fish and relocate them to save the

2608
03:46:34,900 --> 03:46:42,080
salmon. So here I come along and I buy a house and the Department of Water resources did

2609
03:46:42,080 --> 03:46:47,520
the damage. So John tells me, okay, we come to the last hearing and I said, you know, I'm on

2610
03:46:47,520 --> 03:46:54,160
your side. I want this thing fixed. It needs fixed. But I continue to say, I am not the

2611
03:46:54,160 --> 03:47:02,820
Iowa Party. So, that has been a big impact. John told me what would be a good show of effort

2612
03:47:02,820 --> 03:47:09,000
to fix the thing would be to hire a new engineer. I did a stabilization plan and what

2613
03:47:09,000 --> 03:47:15,260
I did is I accumulated all the existing documentation. I got MBK's engineering report

2614
03:47:15,260 --> 03:47:21,220
where they asked for emergency permit clear back in 2018. I asked John was that emergency permit

2615
03:47:21,220 --> 03:47:26,440
ever issued?" He said, no, I don't know why. It should have been issued. It should have been

2616
03:47:26,440 --> 03:47:34,520
fixed March of 2018. Why wasn't that permit issued? Anyway, I contacted MBK and they said

2617
03:47:34,520 --> 03:47:40,620
they're not geotechnical. I then called 100. I'm literally telling you. I called the University

2618
03:47:40,620 --> 03:47:46,800
of Colorado Engineering Department asked for references to get a geotechnical engineer. Nobody

2619
03:47:46,800 --> 03:47:51,740
will work for a private citizen. I finally found the guy named, I hope I get his name

2620
03:47:51,740 --> 03:47:58,360
right, Todd Thomas Rius and over in woodlands. And I talked to Nolan and attorney over there

2621
03:47:58,360 --> 03:48:02,880
who's in the class action lawsuit against the Department of Water Resources and he told me

2622
03:48:02,880 --> 03:48:09,920
about Todd. And I said, Todd, you know, John, John, he said, yeah, we used to work together in the

2623
03:48:09,920 --> 03:48:14,800
city. And so I said, good, do you know what's required to come up with a stabilization plan?

2624
03:48:14,800 --> 03:48:20,740
said, yeah, we do that kind of thing. I said, good, I need to hire you. So I said, the way I do

2625
03:48:20,740 --> 03:48:27,400
things and maybe you can talk to me about this, if I have a broken car, I take it in and I

2626
03:48:27,400 --> 03:48:32,600
say, look it over and then you tell me what we're going to do to fix it. And if it's too much

2627
03:48:32,600 --> 03:48:39,520
or whatever, then I decide my plan. So that's what Todd and I did. Todd wrote a contract for

2628
03:48:39,520 --> 03:48:45,880
stabilization plan to proceed with an initial site review to determine what work,

2629
03:48:45,960 --> 03:48:50,920
what drawings, what engineering plans needed to be done. But he said, this was the

2630
03:48:50,920 --> 03:48:55,120
middle of December. And by the way, I, so I just bought the house in September. I

2631
03:48:55,120 --> 03:49:01,560
did contact John the minute that I started looking at it in May. So then, we get down to

2632
03:49:02,280 --> 03:49:09,500
Tom Rice, and he says, I'm busy, man. You're calling me here, and you're asking me to

2633
03:49:09,500 --> 03:49:12,240
until January the 10th.

2634
03:49:12,480 --> 03:49:17,100
So I said that to John, I can't do anything without the engineer to come out here and do

2635
03:49:17,100 --> 03:49:21,800
the drawings, do the soil surveys or whatever you want to do.

2636
03:49:22,460 --> 03:49:28,500
And in the meantime, Todd sends me a contract signed, I signed it, send it over to John.

2637
03:49:28,960 --> 03:49:33,040
And then a short time later, I get a note back saying, we're not going to accept this.

2638
03:49:33,100 --> 03:49:35,600
You didn't show any good faith, you didn't show any effort.

2639
03:49:35,600 --> 03:49:45,000
All I was trying to do was review the situation and then have him come back and say, okay, we need 5,000 for some kind of an engineering review.

2640
03:49:45,120 --> 03:49:50,800
We need 5,000 for this, we need 2,000 for that and then I'd say, okay, we're going to do it.

2641
03:49:50,920 --> 03:49:54,000
How are you going to do it and we'll talk to John? I never got that for it.

2642
03:49:54,260 --> 03:49:56,840
Because John pooped it before it even got that far.

2643
03:49:57,200 --> 03:49:59,960
So it isn't a lack of good faith on my part.

2644
03:50:00,210 --> 03:50:12,010
I feel like I'm in an adversary situation. I have spent most of my life working to fix things, what I, and the machines I design for medicine are things that nobody else can figure out how to do.

2645
03:50:12,330 --> 03:50:23,410
And I resolve it and people let me do it. I said to John, if you get off my back and let me fix this river bank, I'll go out there with a bulldozer and I'll bring in the rock rip wrap and I'll get this thing done and I'll do it with an engineer.

2646
03:50:23,410 --> 03:50:26,150
Oh, no, no, we can't do it that way.

2647
03:50:27,070 --> 03:50:30,430
So maybe I'm not trying to be hard.

2648
03:50:30,810 --> 03:50:32,550
I'm not trying to cause a problem.

2649
03:50:33,010 --> 03:50:34,850
I found a property in May.

2650
03:50:34,870 --> 03:50:36,170
I bought it in September.

2651
03:50:36,870 --> 03:50:40,290
And now you're telling me you're considering demolishing

2652
03:50:40,290 --> 03:50:41,030
my house.

2653
03:50:41,050 --> 03:50:44,630
That's what his report says, possibly demolished the house.

2654
03:50:45,090 --> 03:50:45,490
What?

2655
03:50:46,450 --> 03:50:47,090
Is this America?

2656
03:50:47,630 --> 03:50:52,390
I mean, anyway, I'm so emotionally hostile by this thing

2657
03:50:52,390 --> 03:50:56,030
that I have the other gentleman Dave Cumm, he'll talk for a minute.

2658
03:50:56,950 --> 03:50:59,890
I'd like to figure out how we can work together and get this done,

2659
03:51:00,070 --> 03:51:04,350
but you cannot tell me get an engineer and I have the engineer lined up and give a sign

2660
03:51:04,350 --> 03:51:09,450
of contract, but we're going to do it in steps, which is the way you do everything that comes

2661
03:51:09,450 --> 03:51:12,810
out right, and then you smash it before it even gets off the ground.

2662
03:51:13,650 --> 03:51:16,750
Your organization has done that every step of the way.

2663
03:51:17,150 --> 03:51:20,610
Peggy even told me at one time they John told her,

2664
03:51:20,610 --> 03:51:26,170
Well, we can get you a 3% loan and it only cost a couple hundred thousand to fix this

2665
03:51:26,170 --> 03:51:31,790
saying and then she said, then they came back and said, oh no, it's going to cost a million

2666
03:51:31,790 --> 03:51:32,830
and there is no loan.

2667
03:51:33,850 --> 03:51:35,630
That's why Peggy gave up.

2668
03:51:35,930 --> 03:51:38,890
So, I'm running into the same stuff as debating the carrot.

2669
03:51:39,270 --> 03:51:45,090
They keep, come along, just do this, just do that, everything's fine, I do it and I start

2670
03:51:45,090 --> 03:51:48,090
with it and then, no, you can't, we're not going to do that.

2671
03:51:48,090 --> 03:51:55,470
So I am getting the impression that somebody must just want my property for nothing they want to condemn it and just steal it from me.

2672
03:51:55,670 --> 03:52:04,050
That's the way I feel. So again, I'm too emotionally involved in this thing. I'm ready for war, but I'd rather have peace.

2673
03:52:04,430 --> 03:52:10,310
Work with me and fix this. I don't owe you a hundred thousand dollar fine. I didn't do anything. I just bought a property.

2674
03:52:10,310 --> 03:52:19,370
I'm not trying to resist you, I'm trying to find a pathway to a solution, but you've got to quit stepping on my face every time I try to do something.

2675
03:52:19,790 --> 03:52:21,530
So I'm going to let Dave talk to you.

2676
03:52:21,810 --> 03:52:23,390
I've had all I got to say.

2677
03:52:29,280 --> 03:52:33,540
Members of the board, my name is David Taylor and I give a old to tell the truth, the old truth.

2678
03:52:35,280 --> 03:52:37,340
I noticed David Taylor.

2679
03:52:37,360 --> 03:52:37,740
Taylor.

2680
03:52:38,280 --> 03:52:38,520
Thank you.

2681
03:52:38,880 --> 03:52:39,840
David, David, that's Taylor.

2682
03:52:42,160 --> 03:52:50,800
I noticed this is a testimony that Mr. Taylor before you speak. Could you please for the record explain if you're representing?

2683
03:52:51,260 --> 03:52:54,980
I'm interested in part of the Irrevocable Trust.

2684
03:52:57,320 --> 03:53:00,320
Sarah mentioned that the property is the same or worse condition.

2685
03:53:00,320 --> 03:53:26,000
And for me, a lot of things I find a lot of holes in the explanation that was presented or served to John Tice at his home, events occurring prior to 2018 is not in their report that was admitted to us, so we're not able to defend what they presented today, which was exceeding that notice.

2686
03:53:28,400 --> 03:53:33,180
To do certain events that happened even earlier today, you guys are witness to the strain

2687
03:53:33,820 --> 03:53:38,120
on available resources to fix the water problems in California.

2688
03:53:38,920 --> 03:53:43,840
As you notice, a lot of the engineers are already backed up and you guys yourselves are

2689
03:53:43,840 --> 03:53:49,840
not able to fulfill the reconstruction of sites that are delegated and already associated

2690
03:53:49,840 --> 03:53:53,520
funding to do so you guys are not able to meet certain deadlines.

2691
03:53:53,520 --> 03:54:03,520
And I feel that that burden put on to this private citizen who has been showing good faith in trying to get some remedies with equality to the situation.

2692
03:54:04,120 --> 03:54:05,800
It hasn't been met or addressed.

2693
03:54:06,400 --> 03:54:07,860
And so I just want to bring that to attention.

2694
03:54:08,160 --> 03:54:12,760
So, however, you guys can give some equal review in the situation itself.

2695
03:54:14,380 --> 03:54:19,000
There was a request that was made, and that was stipulated in this report.

2696
03:54:19,000 --> 03:54:27,440
is also testified here that a request was made for a copy of the transcripts for the November

2697
03:54:27,440 --> 03:54:35,620
22nd I believe hearing and that it was the transcript was given to the respondent same

2698
03:54:35,620 --> 03:54:42,020
day and there is no evidence of that. There was a response stating that you have to follow

2699
03:54:42,020 --> 03:54:47,920
a somewhat a procedure but that no transcripts were provided and I do want to bring that to note

2700
03:54:47,920 --> 03:54:55,320
that that's something that was inconsistent with the prosecution's relationship with the defendant

2701
03:54:55,320 --> 03:54:59,620
and good faith. There's a couple of things in the time.

2702
03:55:00,000 --> 03:55:07,860
That have caused the perception to be that efforts being made were not being considered.

2703
03:55:08,880 --> 03:55:13,820
It wasn't even given a resolution as to resolve issues that may complete a resolution.

2704
03:55:14,340 --> 03:55:20,200
It was just flat-out rejected, primarily without clear explanation as to what was rejected.

2705
03:55:21,180 --> 03:55:29,980
They state that they put everything in their response, and I'm still trying to review and look for remedies to the efforts that the respondents has made.

2706
03:55:29,980 --> 03:55:40,060
And I have yet to find clear reference to how to make this process equitable for the fixing in the repair.

2707
03:55:40,800 --> 03:55:43,960
When permits are rejected, emergency permits are rejected.

2708
03:55:51,890 --> 03:56:02,590
The structural plan requests, the stabilization plan requests that was submitted due to an engineer that you guys represent.

2709
03:56:02,590 --> 03:56:07,410
And who also spoke here today, who's illustrating the same issues of there's some funding and

2710
03:56:07,410 --> 03:56:13,070
resource issues that's going to have a time constraint on the repair that that was rejected.

2711
03:56:13,810 --> 03:56:19,770
And seeing these inconsistencies as far as just a prima facia administration of requests

2712
03:56:19,770 --> 03:56:23,490
and the requests for repairs has skewed.

2713
03:56:24,230 --> 03:56:28,990
We did have conversation prior to this meeting and to this appointment of time in the minutes

2714
03:56:28,990 --> 03:56:34,930
with the prosecution that their request, which has now been disclosed to us.

2715
03:56:35,130 --> 03:56:39,950
Now, what is, if we had placed some retention,

2716
03:56:42,290 --> 03:56:46,930
risk-winged plastic, that that would help resolve the immediate issue.

2717
03:56:47,830 --> 03:56:52,390
And we're like, that's fine, but even in consideration of the requests,

2718
03:56:53,050 --> 03:56:58,830
you notice in the report, even though the last two violations on the request was already resolved,

2719
03:56:58,830 --> 03:57:01,030
But it was still included on there.

2720
03:57:01,290 --> 03:57:06,630
And by mission and I appreciate John's truthful testimony in that it was not an issue.

2721
03:57:07,230 --> 03:57:09,430
He didn't state when it was resolved.

2722
03:57:10,550 --> 03:57:15,430
As soon as the respond it was aware of it, he addressed it and things that weren't requirement

2723
03:57:15,430 --> 03:57:21,730
permits and geological reviews and other constraints.

2724
03:57:22,350 --> 03:57:24,450
He addressed it immediately and had it resolved.

2725
03:57:25,210 --> 03:57:31,630
And he continues to intend to resolve the matter, according to you guys' standards, but certain

2726
03:57:31,630 --> 03:57:35,590
standards has to be disclosed so that we can respond accordingly, not keep hitting

2727
03:57:35,590 --> 03:57:36,250
the ball.

2728
03:57:37,630 --> 03:57:41,810
You know, doing what was requested, oh, that's not good enough, well, there's no, do notice.

2729
03:57:42,590 --> 03:57:47,250
You know, there's no clarity as to what the request is and that's a way to avoid a vagueness.

2730
03:57:48,430 --> 03:57:53,770
And for the most part, that's kind of our position that we are willing and we'll try to resolve

2731
03:57:53,770 --> 03:57:59,450
the matter that's equitable to the situation and that there is some violations that are

2732
03:57:59,450 --> 03:58:02,550
have been occurring on the prosecution side as far as notice.

2733
03:58:05,440 --> 03:58:05,720
Thank you.

2734
03:58:05,820 --> 03:58:06,680
Thank you.

2735
03:58:20,540 --> 03:58:20,940
Thank you.

2736
03:58:20,940 --> 03:58:22,220
Good afternoon, President Edgar.

2737
03:58:22,280 --> 03:58:23,000
Members of the board.

2738
03:58:23,340 --> 03:58:26,920
Angela Salisa board, enforcement staff, Section Chief.

2739
03:58:27,400 --> 03:58:29,800
I did take this far in this morning or before this hearing.

2740
03:58:30,280 --> 03:58:33,020
I'd like to thank you for the opportunity to rebutto a few items.

2741
03:58:33,020 --> 03:58:41,320
Mr. Meyer in his, the other person with him, Mr. Taylor is the stated in there, a few

2742
03:58:41,320 --> 03:58:48,200
clarifications that I'll like to point out. The, the, the, let's start with the easier, let's

2743
03:58:48,200 --> 03:58:52,600
see going through my notes here. The plans that were submitted by Mr. Meyer or he's indicated

2744
03:58:52,600 --> 03:58:57,980
by December 23rd. The reason for that's the middle that was deemed inadequate by staff is

2745
03:58:57,980 --> 03:59:03,000
because the agreement that was submitted to staff that he filed with the consulting firm was

2746
03:59:03,000 --> 03:59:09,180
to do a site visit. It was not to develop a stableization plan which was required by the board

2747
03:59:09,180 --> 03:59:17,120
when it affirmed CDO at the November 22nd board meeting. So therefore, the board had requested that

2748
03:59:17,120 --> 03:59:23,460
Mr. Meyer may significant progress to address the issues with the CDO. We felt that based on that

2749
03:59:23,460 --> 03:59:29,000
agreement that we had received a copy of a site visit really fell short of meeting the intent of

2750
03:59:29,000 --> 03:59:32,100
And that is why we submitted that response to Mr. Meyer.

2751
03:59:33,300 --> 03:59:37,020
The order before you today does not require, is not asking that the board

2752
03:59:37,020 --> 03:59:39,180
demolished the home as Mr. Meyer stated.

2753
03:59:39,860 --> 03:59:44,940
Rather, the order before you is asking for Mr. Meyer to stabilize a site to protect

2754
03:59:44,940 --> 03:59:50,440
his home and protect the erosion from continuing to get worse at the site.

2755
03:59:52,860 --> 03:59:59,840
Mr. John Tyre's can speak to his conversation with Mr. Meyer or Mr. Yee's, we've got an

2756
04:00:00,000 --> 04:00:06,780
I can tell you that organization is not in the business of doing loans, so that holds no truth.

2757
04:00:07,700 --> 04:00:14,780
Regarding the request for Mr. Meyer for the PRA that was submitted, we do not have a copy of it in the staff report.

2758
04:00:15,040 --> 04:00:26,080
That's correct. But what I do have in front of me is a copy of the email from staff that provided the board meeting transcript to Mr. Meyer.

2759
04:00:26,080 --> 04:00:32,600
And if you allow me to, I can read it off the email that was submitted, that was provided to us by Board staff.

2760
04:00:33,920 --> 04:00:42,260
So, this email is from Hunt, a data hunt who is a Board staff, and it's dated January 9th, 2020, a two-a-one PM.

2761
04:00:42,960 --> 04:00:48,460
And what she says in her email is, is, hi, and fill is pre-request on December 20th, 2019.

2762
04:00:48,460 --> 04:00:55,420
Mr. Lee Amire called Data Hunt, public records are public records act coordinator for the board.

2763
04:00:56,300 --> 04:01:04,880
Mr. Meyer requested a copy of the CVFPV transcript for the November, this one's a type which is November 11, 2019 board meeting.

2764
04:01:05,580 --> 04:01:12,980
Later that morning, data provided a copy of the transcript to Mr. Meyer through the Department of Water Resources Government QA system.

2765
04:01:12,980 --> 04:01:18,540
The government QA system is how the PRA's requests are officially transmitted to the

2766
04:01:18,540 --> 04:01:24,440
request, due to an issue with the original email address provided by Mr. Meier,

2767
04:01:24,760 --> 04:01:29,980
that I followed up with an email attached, informing Mr. Meier where he can access the

2768
04:01:29,980 --> 04:01:36,340
information requested. And what she attached to the name was a December 20th email that

2769
04:01:36,340 --> 04:01:44,260
is sent to Liam Myers, L-I-M-L-I-A-M-M-E-Y-E-R-15

2770
04:01:44,260 --> 04:01:49,440
at MSN.com, and that was on Friday, December 20, 2019,

2771
04:01:49,640 --> 04:01:53,320
at 1050-A-M, and the email goes on to say,

2772
04:01:53,440 --> 04:01:56,000
Dear Mr. Forward slash, Ms. Meyer.

2773
04:01:56,440 --> 04:01:58,280
Thank you for your interest in the public records

2774
04:01:58,280 --> 04:01:59,840
of the Central Valley Flip Protection Board.

2775
04:02:00,180 --> 04:02:02,200
This is in response to your December 2019,

2776
04:02:02,380 --> 04:02:05,760
pursuant to the California Public Records Act,

2777
04:02:05,760 --> 04:02:10,760
government code section in 6250 to the Central Valleful Protection Board meeting required

2778
04:02:10,760 --> 04:02:19,120
request in records for the Central Valleful Protection Board transcript for November 22nd, 2019.

2779
04:02:19,960 --> 04:02:24,480
It has been determined that the CVFPV maintains the records a responsive to your request

2780
04:02:24,480 --> 04:02:29,160
to express and electing them and reviewing the records and they can be made available to

2781
04:02:29,160 --> 04:02:30,480
this number 29.

2782
04:02:32,860 --> 04:02:37,560
What did I explain is that in that email that was sent to Mr. Meyer was sent

2783
04:02:37,560 --> 04:02:47,180
on the 20th of December at 10.52 a.m. And it included a copy of the attached transcript. And I'm

2784
04:02:47,180 --> 04:02:52,560
sorry I don't have a way of connecting the my laptop to the presentation here. But if you like

2785
04:02:52,560 --> 04:02:57,220
me to I can print out copies of this email and provide them to you for your reference as well.

2786
04:02:58,860 --> 04:03:10,220
So the answer to the question is, after all of that, he did get a copy of the transcript, did that come back.

2787
04:03:11,680 --> 04:03:11,940
So.

2788
04:03:13,300 --> 04:03:16,800
Even in our testimony, say that the committee, I'll talk to you.

2789
04:03:16,800 --> 04:03:19,100
I'm not having a test of the chair here.

2790
04:03:19,720 --> 04:03:24,380
Even in our testimony, stated that they are going to be compiling it, and that they

2791
04:03:24,380 --> 04:03:27,820
expected to be ready by December 29, 2019, is that correct?

2792
04:03:30,620 --> 04:03:36,780
Well, Mr. President, I would ask that if respondent wishes to respond to

2793
04:03:36,780 --> 04:03:40,980
finish allowing staff to present their rebuttal and then take other

2794
04:03:40,980 --> 04:03:42,960
and so they're not talking over each other?

2795
04:03:43,340 --> 04:03:43,760
I understand,

2796
04:03:45,920 --> 04:03:49,120
the question is, did they get the transcript or not?

2797
04:03:49,440 --> 04:03:53,740
We don't have an agreement on whether they got that or not, I don't understand that.

2798
04:03:53,800 --> 04:03:58,640
What I would say to that Mr. President, is that Dettahant, who's the coordinator for the board

2799
04:03:58,640 --> 04:04:03,960
for such requests, indicated to me that she provided that to Mr. Meyer, I don't know if

2800
04:04:03,960 --> 04:04:07,860
she received the confirmation from Mr. Meyer for such receipt.

2801
04:04:07,860 --> 04:04:12,900
As far as the email that she submitted to me, she was under the understanding that he received that information.

2802
04:04:13,140 --> 04:04:15,020
The same day he requested it.

2803
04:04:15,320 --> 04:04:15,500
Okay.

2804
04:04:16,080 --> 04:04:16,280
Fine.

2805
04:04:18,940 --> 04:04:20,240
Thank you, Anglees.

2806
04:04:24,000 --> 04:04:28,580
Okay. At this point, I think we'll ask the board if you have any questions.

2807
04:04:30,680 --> 04:04:35,180
Mr. President, I believe Mr. Tyson was going to come up and respond to some of the other.

2808
04:04:40,750 --> 04:04:41,050
Okay.

2809
04:04:44,010 --> 04:04:47,330
Mr. President, Madam Vice President, Members of the Board.

2810
04:04:48,870 --> 04:04:56,430
When we served Mr. Meyers, I'm sorry, when we serve Mr. Meyers with the notice of the

2811
04:04:56,430 --> 04:04:59,990
hearing and the staff report, etc. We also indicate-

2812
04:05:02,640 --> 04:05:11,160
The title 23 required if he intended to respond and file written response that he should do so 15 days prior to the hearing.

2813
04:05:11,960 --> 04:05:19,000
We didn't receive anything. So there was never any formal response, not to say that the board can't consider.

2814
04:05:19,000 --> 04:05:27,200
However, it's difficult for staff to be able to respond to claims such as that we're just

2815
04:05:27,200 --> 04:05:34,460
made without having that type of formal, formal notice as to what's going to be presented.

2816
04:05:34,920 --> 04:05:36,640
So I just wanted to point that out, John.

2817
04:05:40,530 --> 04:05:43,850
John Tyson with the Central Life, well, protection for enforcement section.

2818
04:05:44,550 --> 04:05:50,090
And no time did I tell Ms. Yee, she could get a loan from the state to help prepare a property.

2819
04:05:50,930 --> 04:05:52,770
That did not happen.

2820
04:05:54,310 --> 04:05:54,810
Thank you.

2821
04:05:56,130 --> 04:05:56,670
Okay.

2822
04:05:56,790 --> 04:05:58,870
I'll bring this back to the board for a minute.

2823
04:05:59,370 --> 04:06:04,450
Questions for the board for the staff or the respondent?

2824
04:06:09,110 --> 04:06:09,330
Nice.

2825
04:06:09,430 --> 04:06:15,590
Somebody to speak to the 2017 request for him became the site.

2826
04:06:15,690 --> 04:06:17,210
It's in the packet as well.

2827
04:06:17,210 --> 04:06:21,790
And it was brought up, something that wasn't issued or addressed.

2828
04:06:22,070 --> 04:06:24,770
And I don't recall if it came to us or not,

2829
04:06:24,990 --> 04:06:28,490
just what's staff, but if you could just elaborate on what happened to that.

2830
04:06:29,310 --> 04:06:29,570
Yes.

2831
04:06:30,330 --> 04:06:31,170
Thank you, Mr. Rumors.

2832
04:06:31,430 --> 04:06:33,070
Angela Scalesoge and Board staff.

2833
04:06:34,150 --> 04:06:39,530
The, so we do have a copy of the December 2017 request that was submitted by MBK,

2834
04:06:39,710 --> 04:06:42,830
we're asking for an emergency authorization to proceed.

2835
04:06:44,530 --> 04:06:46,750
You know, I was not present at that time,

2836
04:06:46,750 --> 04:06:54,230
we don't have any records that that was actually granted or processed, so not sure where the

2837
04:06:54,230 --> 04:06:59,390
what happened with that request, but that request was submitted to our office, but it was never

2838
04:06:59,390 --> 04:07:06,570
responded to or confirmed as a deemed it an emergency to allow it to perceive as an emergency action.

2839
04:07:09,220 --> 04:07:09,920
Thank you.

2840
04:07:11,240 --> 04:07:11,960
I

2841
04:07:18,110 --> 04:07:32,390
think this is the staff and maybe to Mr. Meyer what has been done out there to respond to any of these since Mr.

2842
04:07:32,430 --> 04:07:37,370
Meyer acquired the property or maybe I'm not pretty precise about the date.

2843
04:07:37,870 --> 04:07:40,230
But we're he's on this property for five months.

2844
04:07:40,570 --> 04:07:43,880
What has happened out there?

2845
04:07:43,880 --> 04:07:50,280
say again to quite please. Mr. Mire has owned the property for five months. There's been

2846
04:07:50,280 --> 04:07:56,080
this long dialogue with the prior owner and now with Mr. Mire. Correct. What has changed

2847
04:07:56,080 --> 04:08:02,900
on the property since Mr. Mire acquired the property relative to what the staff has been

2848
04:08:02,900 --> 04:08:03,900
set.

2849
04:08:07,080 --> 04:08:10,300
The two-on authorized structures have been removed.

2850
04:08:13,380 --> 04:08:16,100
The number. That's probably a good thing,

2851
04:08:16,100 --> 04:08:17,660
Right, that's a good thing.

2852
04:08:20,040 --> 04:08:24,780
And the name change, yes, the name change of applications

2853
04:08:24,780 --> 04:08:29,540
were submitted at October 7th, as part of his response

2854
04:08:29,540 --> 04:08:30,940
to the newest violation.

2855
04:08:33,040 --> 04:08:35,320
When Mr. Meyer moved into the property,

2856
04:08:36,900 --> 04:08:39,380
he brought a lot of vehicles, a lot of his belongings.

2857
04:08:40,520 --> 04:08:42,520
They were on the lower water site berm

2858
04:08:42,520 --> 04:08:45,140
on the south part of the property.

2859
04:08:46,360 --> 04:08:48,760
He's since moved a lot of that material out.

2860
04:08:48,840 --> 04:08:50,080
There's still some there.

2861
04:08:50,620 --> 04:08:53,360
However, that's not on the northern property that

2862
04:08:53,360 --> 04:08:55,040
is not owned by a Mr. Migra.

2863
04:08:55,240 --> 04:08:59,320
It's owned by a relative of Missy and Mr. Chiang.

2864
04:09:02,140 --> 04:09:05,300
The property erosion has seemed to stabilize.

2865
04:09:05,900 --> 04:09:08,700
Had to go out there many times over the past couple years

2866
04:09:08,700 --> 04:09:09,500
to look at it.

2867
04:09:09,500 --> 04:09:16,160
It seems to have stabilized to where it's at now, but it did get a little worse when after

2868
04:09:16,160 --> 04:09:19,640
I first initially saw it in 2017.

2869
04:09:25,230 --> 04:09:31,870
I can tell you that the Sacramento County Building Department did at the time when the

2870
04:09:31,870 --> 04:09:37,450
this erosion happened, did issue a occupancy restriction for this property for only daytime

2871
04:09:37,450 --> 04:09:38,490
occupancy.

2872
04:09:38,490 --> 04:09:48,610
And that was imposed on the Yees, my last check with Sacramento County on about that is that that restriction still applies to this day.

2873
04:09:55,430 --> 04:09:59,050
So, maybe if I could ask Mr. Meyer, if you would.

2874
04:10:00,000 --> 04:10:07,040
At correct, or would you add or subtract anything to that? Yeah, I'll add a few things. First of all,

2875
04:10:09,880 --> 04:10:20,200
and completely capable of engaging people without skill and equipment to repair the river bank. I have said, I'll do it.

2876
04:10:21,280 --> 04:10:26,120
It's trying to answer my question rather than what is your specific question?

2877
04:10:26,300 --> 04:10:30,560
The question is, you've owned this property for something on the order of five months.

2878
04:10:31,900 --> 04:10:37,860
There's been a dialogue between the prior owners and the board staff about the property.

2879
04:10:38,140 --> 04:10:41,220
There's been a dialogue between the board staff and you.

2880
04:10:41,280 --> 04:10:48,180
My question was, what has changed on the property in the last five months since you've owned it?

2881
04:10:48,180 --> 04:10:52,920
Okay, specifically, but it requires an additional comment, specifically, all of the shrubbery

2882
04:10:52,920 --> 04:11:00,100
and bushes that were between the fogline of the road and the fences of the property,

2883
04:11:00,260 --> 04:11:01,380
to the front of the property.

2884
04:11:02,020 --> 04:11:03,660
Those were an issue of violation.

2885
04:11:03,900 --> 04:11:07,700
It's all been trimmed, the trees, overhangs, are all taken care of.

2886
04:11:10,040 --> 04:11:15,860
I could not do the river bank because I don't have a permission from the Central Valley.

2887
04:11:15,860 --> 04:11:18,120
So I have been working on that.

2888
04:11:18,540 --> 04:11:19,800
I would have had it done by now,

2889
04:11:19,980 --> 04:11:21,500
or had it done in the first month.

2890
04:11:22,620 --> 04:11:24,040
The other issue at hand,

2891
04:11:24,120 --> 04:11:25,860
all these things from the past,

2892
04:11:27,940 --> 04:11:30,160
some pond that was there.

2893
04:11:30,540 --> 04:11:32,180
It was gone long before I came.

2894
04:11:32,320 --> 04:11:33,620
I didn't do it.

2895
04:11:33,820 --> 04:11:35,200
Plants that were there.

2896
04:11:35,540 --> 04:11:36,940
They were gone long before I came.

2897
04:11:37,040 --> 04:11:37,700
They're not there.

2898
04:11:37,780 --> 04:11:38,920
There's nothing to fix.

2899
04:11:40,120 --> 04:11:41,700
The sidewalk that's there,

2900
04:11:41,700 --> 04:11:42,900
I call it the building department.

2901
04:11:43,140 --> 04:11:45,540
And I said central valley's trying to tell me

2902
04:11:45,540 --> 04:11:50,520
that that sidewalk along the edge cannot be there, because it doesn't have a permit.

2903
04:11:51,120 --> 04:11:57,140
And I was told by the building department, you do not need a permit for a, I forget

2904
04:11:57,140 --> 04:12:02,440
the exact term, but for something that covers the surface of the soil, that is not

2905
04:12:02,440 --> 04:12:03,040
load bearing.

2906
04:12:03,160 --> 04:12:07,620
If it was a driveway, it would have to have a permit, but because it's a sidewalk, you

2907
04:12:07,620 --> 04:12:08,600
have to have a permit.

2908
04:12:08,760 --> 04:12:09,420
So it was built.

2909
04:12:09,680 --> 04:12:10,600
So it's not in violation.

2910
04:12:11,900 --> 04:12:12,460
I don't know.

2911
04:12:12,780 --> 04:12:13,800
I don't know.

2912
04:12:13,800 --> 04:12:18,660
They're not talking about a board permit, an encroachment permit.

2913
04:12:18,980 --> 04:12:20,820
They're talking about a building permit.

2914
04:12:21,680 --> 04:12:22,840
See, this is my problem.

2915
04:12:22,960 --> 04:12:23,920
That's my problem, too.

2916
04:12:24,100 --> 04:12:24,980
I don't know these things.

2917
04:12:26,080 --> 04:12:27,020
Listen to me.

2918
04:12:27,220 --> 04:12:28,520
I'm going to

2919
04:12:31,560 --> 04:12:32,160
be honest.

2920
04:12:32,660 --> 04:12:34,280
They in you've admitted it yourself.

2921
04:12:35,540 --> 04:12:36,660
You're a professional.

2922
04:12:37,080 --> 04:12:42,880
You do things for other people of a medical background and so on.

2923
04:12:43,040 --> 04:12:44,180
You've not done this.

2924
04:12:45,940 --> 04:12:53,160
To be honest, and I don't know any other way to say it, and I don't think you know what you're doing.

2925
04:12:53,440 --> 04:12:57,860
I don't know. I don't know what to say that.

2926
04:12:57,880 --> 04:13:08,400
This is a project that probably from my conversation with other engineers is a project that will cost about $2 million.

2927
04:13:08,400 --> 04:13:18,640
And of that $2 million, a half a million is soft costs, engineering costs, geological costs,

2928
04:13:19,000 --> 04:13:22,620
hydrological costs, permitting costs, whatever.

2929
04:13:23,600 --> 04:13:24,860
That's what it takes.

2930
04:13:25,500 --> 04:13:29,520
I don't think you have a clue about that.

2931
04:13:29,780 --> 04:13:36,320
Now what we're trying to say, and maybe John hasn't explained it clearly enough,

2932
04:13:36,320 --> 04:13:43,940
is we're less interested in, although we are interested in cleaning up all the old permits

2933
04:13:43,940 --> 04:13:48,500
and all of that stuff that need to be done and you've done some of that.

2934
04:13:49,400 --> 04:13:58,480
We need to be clear on what the target is, what we're trying to achieve, and that takes

2935
04:13:58,480 --> 04:13:59,880
a plan.

2936
04:14:00,340 --> 04:14:00,500
I'm sure.

2937
04:14:00,640 --> 04:14:05,840
What the target is, I'm saying that this is a project that's going to cost you

2938
04:14:05,840 --> 04:14:06,720
about $2 million.

2939
04:14:08,280 --> 04:14:10,700
And, you know, that's just based on experience

2940
04:14:10,700 --> 04:14:12,120
talking to various engineers.

2941
04:14:12,360 --> 04:14:13,960
I'm like you, I'm not an engineer,

2942
04:14:15,060 --> 04:14:17,060
but I, you know, have talked to them.

2943
04:14:17,240 --> 04:14:19,280
And what we need from you,

2944
04:14:20,460 --> 04:14:22,720
he calls it a stabilization plan.

2945
04:14:22,720 --> 04:14:26,100
That would be a subsidiary to what I'm talking about.

2946
04:14:26,460 --> 04:14:29,940
I'm talking an overall plan for the property

2947
04:14:29,940 --> 04:14:35,000
that includes a neurology, real estate,

2948
04:14:37,100 --> 04:14:43,600
Stabilization work, all of those things included in that plan, and the plan is probably

2949
04:14:43,600 --> 04:14:46,660
cost you a couple of hundred thousand dollars.

2950
04:14:47,400 --> 04:14:50,600
Now are you prepared to do that?

2951
04:14:50,680 --> 04:14:56,500
What we've been talking about so far are little tasks taking out bushes, cleaning up

2952
04:14:56,500 --> 04:14:59,360
that's not that's that's that's that's that's they're insignificant

2953
04:15:01,740 --> 04:15:08,820
We need to be on the same page as far as what the target is. What you're trying to do here?

2954
04:15:09,080 --> 04:15:15,800
Well, the only thing is, and it's going to cost you a lot of money, and I don't think you're prepared to pay for it, and I don't think we're talking target here.

2955
04:15:16,240 --> 04:15:28,240
What about liability? Why hasn't anybody done something to determine who did the damage? Is it because there were a couple of plants growing on the soil? What is it? Was it the river?

2956
04:15:28,780 --> 04:15:30,360
I don't care about that.

2957
04:15:30,580 --> 04:15:32,140
I do, because that's the liability,

2958
04:15:32,520 --> 04:15:36,620
who does what I think or what I care about is knowingly,

2959
04:15:36,840 --> 04:15:38,600
you came in, you put just the property,

2960
04:15:38,900 --> 04:15:40,440
you knew that had problems,

2961
04:15:41,100 --> 04:15:43,100
you knew you were gonna have to spend

2962
04:15:43,100 --> 04:15:44,760
some money getting it squared away,

2963
04:15:45,500 --> 04:15:49,800
but we have yet to see what conceptually,

2964
04:15:51,420 --> 04:15:54,240
overall you plan to do with the property.

2965
04:15:55,040 --> 04:15:55,940
That's what we need,

2966
04:15:56,240 --> 04:15:57,940
and it's gonna cost you some money to get it.

2967
04:15:57,940 --> 04:16:00,140
I can't do it for you, it's very true.

2968
04:16:00,140 --> 04:16:04,760
It's an ear, probably could do it for you, David, but it's going to cost you some money.

2969
04:16:06,120 --> 04:16:08,280
Well, there's many ways of approaching things.

2970
04:16:08,620 --> 04:16:09,480
I developed it.

2971
04:16:10,120 --> 04:16:13,640
Yeah, I know there are, but that's not the way it's done here.

2972
04:16:14,000 --> 04:16:19,520
Well, I'd like to come to a reasonable and equitable pathway here to resolve this.

2973
04:16:19,740 --> 04:16:21,360
I'm not spending $2 million.

2974
04:16:22,240 --> 04:16:24,920
I can fix the property for much, much less.

2975
04:16:24,920 --> 04:16:27,400
And I can get an engineering certified plan.

2976
04:16:27,640 --> 04:16:30,820
However, you seem to just dust under the table,

2977
04:16:30,820 --> 04:16:31,580
who did this?

2978
04:16:31,580 --> 04:16:32,240
Who's liable?

2979
04:16:32,600 --> 04:16:36,060
The water department is liable and I intend to prove it.

2980
04:16:36,580 --> 04:16:39,060
And in the meantime, I'm going to put a hold on everything here,

2981
04:16:39,060 --> 04:16:39,680
if I can.

2982
04:16:40,240 --> 04:16:41,520
It doesn't matter.

2983
04:16:42,120 --> 04:16:46,780
What matters is you're given due notice of what the problems

2984
04:16:46,780 --> 04:16:48,020
with the property are.

2985
04:16:48,340 --> 04:16:50,680
You were totally aware of it.

2986
04:16:50,680 --> 04:16:54,900
And you're coming in trying to do this on a task.

2987
04:16:54,900 --> 04:17:06,480
by task basis. We don't work that way. We can't. This is a project that's, you know, has

2988
04:17:06,480 --> 04:17:12,940
some real problems. John Tyson alluded to it, it may have been the other owner. I don't know,

2989
04:17:13,000 --> 04:17:23,040
but you were put on notice that this problem has property. Now, the way we work here is that we

2990
04:17:23,040 --> 04:17:26,940
I'm not going to make up this, make it up as we go long.

2991
04:17:27,200 --> 04:17:28,220
We don't work that way.

2992
04:17:29,360 --> 04:17:31,740
And I think that's the misunderstanding here.

2993
04:17:32,020 --> 04:17:32,760
I think we're possible.

2994
04:17:33,300 --> 04:17:44,620
You've got to make a decision whether we're going to work together or not, but the first thing is, you've got to tell us what you're trying to do.

2995
04:17:44,620 --> 04:17:51,000
Okay, you want us could do a ABCD conclusion. You want a stabilization plan signed by an engineer.

2996
04:17:51,960 --> 04:17:59,320
I went to MBK. They did, uh, what's your name? Angelace said,

2997
04:17:59,820 --> 04:18:04,820
it wasn't a stabilization plan, but he even asks for a permit to do the emergency work.

2998
04:18:05,560 --> 04:18:11,320
Okay, so if it was deficient, simply say, we need a site plan, we need to this plan,

2999
04:18:11,320 --> 04:18:17,060
need of that plan, and then it will be effective instead of saying, out the door, we're not going

3000
04:18:17,060 --> 04:18:21,640
to look at it. You didn't do it right. Goodbye. That's how it's been in the whole way through. So,

3001
04:18:21,840 --> 04:18:30,100
it isn't step by step. It is logical. You evaluate and then you begin to design a plan to produce.

3002
04:18:30,240 --> 04:18:35,900
So, I called to my SNW, decided he'd come over January 10th and evaluate, and they wouldn't even

3003
04:18:35,900 --> 04:18:40,360
let him get out the door. They say, oh, you don't have a whole engineering thing, hydrology report.

3004
04:18:40,360 --> 04:18:49,040
We would have had it, but we weren't going to do it until we needed to do it by the definition of the engineer who was going to come and do that on January 10th.

3005
04:18:49,040 --> 04:18:54,440
You never came because I told him we can't work with John, tell me what you want.

3006
04:18:54,640 --> 04:18:56,820
Let's go. Let's go. Let's go. Let's go. Let's go.

3007
04:18:56,820 --> 04:19:05,240
I thought I just did. I thought I just did. You're telling me you want a plan. Stabilization plan.

3008
04:19:05,240 --> 04:19:09,520
And then you want to know how the overall property will be repaired.

3009
04:19:10,280 --> 04:19:17,580
The only question that I have to put into that equation, again, is why am I paying for it when I'm not liable?

3010
04:19:18,040 --> 04:19:20,660
Liability in law is a big issue.

3011
04:19:21,140 --> 04:19:22,700
This is going nowhere.

3012
04:19:22,920 --> 04:19:23,200
Bernie?

3013
04:19:23,620 --> 04:19:24,560
This is going nowhere.

3014
04:19:25,160 --> 04:19:25,620
Mr. Armstrong.

3015
04:19:25,720 --> 04:19:29,960
Tell me what you want, because I can't work with being shut down.

3016
04:19:30,160 --> 04:19:31,880
I really didn't.

3017
04:19:32,020 --> 04:19:32,760
You really didn't.

3018
04:19:32,760 --> 04:19:33,640
Oh, I'm sorry.

3019
04:19:34,400 --> 04:19:35,020
You and I are.

3020
04:19:35,020 --> 04:19:42,120
I think I understand the concern as far as knowing projection,

3021
04:19:42,340 --> 04:19:44,720
what is the intentions of the property itself, right?

3022
04:19:46,300 --> 04:19:48,480
And it's addressed to the immediate concerns

3023
04:19:48,480 --> 04:19:50,840
as far as the erosion and stuff like that,

3024
04:19:51,120 --> 04:19:53,260
which I believe is subsequent to an engineer

3025
04:19:53,260 --> 04:19:55,800
actually analyzing it with intelligence that's needed

3026
04:19:55,800 --> 04:19:59,260
for your guy's requirements to assess what,

3027
04:19:59,260 --> 04:19:59,460
.

3028
04:20:00,540 --> 04:20:06,860
Repairs is needed outside of what his plans are, right? Because he made decide to put a circus there or something, right?

3029
04:20:07,760 --> 04:20:09,220
I'm just, I'm just signing up.

3030
04:20:09,240 --> 04:20:15,140
Depending on his plans, he can develop what's appropriate for, in addition to the repairs that you guys are seeking, correct?

3031
04:20:15,700 --> 04:20:24,920
So my, my thing is that if, if the prosecution is willing to allow the Woodland engineer to evaluate this, assess it,

3032
04:20:24,920 --> 04:20:29,600
Because the notice to give into him was like we're not going to accept this person.

3033
04:20:30,200 --> 04:20:33,940
And that's where he was like, if they're not going to accept this engineer, this engineer

3034
04:20:33,940 --> 04:20:38,640
coming to assess the property and to develop the stabilization plan, it kind of was a

3035
04:20:38,640 --> 04:20:39,200
mute point.

3036
04:20:39,340 --> 04:20:43,140
And that's where the resistance I felt was miscommunicated to allow the progress.

3037
04:20:43,340 --> 04:20:47,940
The two guys are looking for as far as the repair of the property and the erosion.

3038
04:20:48,980 --> 04:20:50,820
Am I in the ballpark or?

3039
04:20:50,820 --> 04:20:55,060
Well, I don't think our staff vetoed it in Geneva,

3040
04:20:55,320 --> 04:20:56,980
at least I hope they didn't.

3041
04:20:57,520 --> 04:20:59,780
That's where, I don't know he's not.

3042
04:21:00,300 --> 04:21:02,940
I know, I know, but in certain things can be blown up

3043
04:21:02,940 --> 04:21:06,320
especially when you feel, yeah, I think we're Mr.

3044
04:21:06,540 --> 04:21:10,280
Meyer and I start getting sideways here.

3045
04:21:10,520 --> 04:21:14,240
Is we want to know what's going on overall

3046
04:21:14,900 --> 04:21:19,200
and have the engineering, the Gatech, all of that confirmed

3047
04:21:19,200 --> 04:21:26,820
So we know it can it's possible to do it and it's going to be a I tell you it's going to be a big number

3048
04:21:26,820 --> 04:21:32,740
He doesn't think so it will be right and that's where if given the opportunity he will comply

3049
04:21:32,740 --> 04:21:35,440
I don't make that decision that yeah, it's too high

3050
04:21:35,440 --> 04:21:41,580
But at least allow in that opportunity to do so that's my thing is that that opportunity doesn't seem to be a present

3051
04:21:42,640 --> 04:21:44,000
Okay, is your brother?

3052
04:21:50,960 --> 04:22:02,300
I'm really confused. The only, the board staff asked for an engineer's report on stabilizing the bank.

3053
04:22:03,000 --> 04:22:12,560
And that's all it needed to be done to comply was to provide that plan and then a discussion of how you're going to implement that plan.

3054
04:22:12,560 --> 04:22:22,680
You haven't heard you say that you've had an engineer's report on how to stabilize the bank and you haven't submitted it to the staff.

3055
04:22:23,680 --> 04:22:24,880
Why not?

3056
04:22:24,940 --> 04:22:33,620
The communication with the staff was that they did the show progress and in that progress was to get into contract with the engineer to establish that.

3057
04:22:33,800 --> 04:22:39,040
When he entered into a contract whether it was to their purview of level, it wasn't communicated.

3058
04:22:39,040 --> 04:22:49,660
And that's where there's a void of vagueness that was established when he entered in contract with this engineer to review the site and get things going because of the backlog of engineers.

3059
04:22:50,360 --> 04:22:53,120
He wasn't available till January 10th.

3060
04:22:53,160 --> 04:23:00,020
When he submitted saying, hey, I got to engineer his in contract. He's going to review it. The sentence to him, he says, we're not going to accept that. That's what was presented to him.

3061
04:23:00,140 --> 04:23:01,460
He was like, well, what do I do?

3062
04:23:01,460 --> 04:23:04,920
And that's where I felt it may have been not

3063
04:23:04,920 --> 04:23:11,120
been clear to Mr. the respondent of what his intentions were like,

3064
04:23:11,900 --> 04:23:15,120
okay, continue on and produce this, something's that effect,

3065
04:23:15,260 --> 04:23:20,860
but just to say no, we're not accepting that effort is kind of misleading.

3066
04:23:21,560 --> 04:23:23,300
To what your guys' intentions are presented today.

3067
04:23:23,800 --> 04:23:30,840
I would say it would be unheard of that the staff would say that registered engineers,

3068
04:23:30,840 --> 04:23:35,900
not acceptable to us. If that happened, I would like to hear from staff why.

3069
04:23:43,410 --> 04:23:50,070
They interpreted my contract as if it was just a sight review. It was not just a sight review.

3070
04:23:50,710 --> 04:23:55,970
It was sort of like come over and we'll look at the place. He didn't even see the property before.

3071
04:23:56,390 --> 04:23:59,870
Come over and let's look this over and I'll see, evaluate it, let's talk about it,

3072
04:23:59,870 --> 04:24:03,770
and then we'll decide what we're going to do first. How we're going to come up with drawings.

3073
04:24:04,190 --> 04:24:06,430
If you got to do hydrology, we were going to do that.

3074
04:24:07,130 --> 04:24:15,730
And, instead of John saying, well, thank you for your initial effort showing us that you're getting an engineer on board, what are you going to do from here out of it? You didn't do that.

3075
04:24:16,110 --> 04:24:19,230
He just said, door closed. No good. You didn't do it right.

3076
04:24:20,610 --> 04:24:26,530
Again, would you take your car in and say to somebody, here's a blind check. Let me know how it goes.

3077
04:24:26,830 --> 04:24:35,690
When you say, tell me the problem, tell me what's involved, where the parts, what's the labor, and if you don't want to fix it, you push the car out and a ditch and give it to the

3078
04:24:35,690 --> 04:24:43,410
The way I understood you to say is that you had your engineer come over to the site to look at him.

3079
04:24:43,530 --> 04:24:43,890
He wasn't.

3080
04:24:44,130 --> 04:24:47,150
Well, let's what you wanted to have happened.

3081
04:24:47,530 --> 04:24:51,030
To have him come over and lies the site, see the site.

3082
04:24:51,310 --> 04:24:55,730
And then go back and give you an estimate of what the plan would be.

3083
04:24:55,870 --> 04:24:57,150
And you could say yes or no.

3084
04:24:57,310 --> 04:24:59,030
Most attorneys, for example, you call him up.

3085
04:25:02,120 --> 04:25:16,000
I understand that. I don't think the staff vetoed the engineer. No, they didn't veto the engineer. They vetoed that that was an inadequate maneuver. They wanted a complete stabilization plan.

3086
04:25:16,620 --> 04:25:22,480
Well, they do too, but I'm not going to get it on day one and I can't get it if the guy's on vacation for.

3087
04:25:23,780 --> 04:25:25,640
I'm not a hard guy to get along with.

3088
04:25:25,780 --> 04:25:27,520
I want to do this and I, you want it fixed.

3089
04:25:27,940 --> 04:25:31,880
I am going to proceed and find the liability issue resolved.

3090
04:25:33,160 --> 04:25:35,900
But I'll go ahead and get it done if you let me.

3091
04:25:36,300 --> 04:25:42,580
But again, like John said, well, Mr. Meyer contacted us three, four months ago and you're

3092
04:25:42,580 --> 04:25:43,780
just, we're going to give him three weeks.

3093
04:25:44,040 --> 04:25:44,520
Come on, man.

3094
04:25:44,780 --> 04:25:45,640
I got stuff to do.

3095
04:25:45,740 --> 04:25:47,200
You got stuff to do three weeks.

3096
04:25:47,420 --> 04:25:50,280
I can't even call up anybody and get him over in three weeks.

3097
04:25:50,280 --> 04:25:54,320
So, if it's right now, it looks like this is a mild year.

3098
04:25:54,680 --> 04:25:57,480
John told me in a conversation just a few minutes ago,

3099
04:25:58,200 --> 04:26:00,700
put some bisqueen out there, put some sandbags,

3100
04:26:00,760 --> 04:26:04,540
I suggested on top to hold it so that there won't be any more erosion.

3101
04:26:05,200 --> 04:26:07,920
Let's take a few months, let me get you an engineer,

3102
04:26:08,560 --> 04:26:10,340
signed off stabilization plan,

3103
04:26:10,780 --> 04:26:14,200
and then who determines, who does the work, that's my game.

3104
04:26:14,680 --> 04:26:18,240
If I want to hire 16 illegal from Guatemala,

3105
04:26:18,240 --> 04:26:20,580
Well, I don't care. That's my job.

3106
04:26:20,640 --> 04:26:22,840
But I'll get it done. Please don't.

3107
04:26:24,060 --> 04:26:27,540
Anyway, I'm just trying to be lighthearted because this is serious.

3108
04:26:28,100 --> 04:26:31,720
Honestly, in the paperwork, it says right in there.

3109
04:26:31,780 --> 04:26:34,660
Even clear back to 2018, Paul Devaro.

3110
04:26:35,560 --> 04:26:38,040
Oh, well, my hat to remove the house.

3111
04:26:38,580 --> 04:26:40,540
What? Come on.

3112
04:26:42,100 --> 04:26:42,580
Okay,

3113
04:26:45,420 --> 04:26:47,640
let's, Sarah, you wanted to make a comment.

3114
04:26:47,640 --> 04:26:48,160
But thank you.

3115
04:26:48,160 --> 04:26:53,000
I asked if we could restore order and have the hearing format back so we can try to

3116
04:26:53,000 --> 04:26:54,020
resolve this.

3117
04:26:54,020 --> 04:27:02,860
If I could make a quick point or two, the notice of violation was issued in 2018.

3118
04:27:03,920 --> 04:27:10,180
Mr. Meyer was provided with a copy of that when he was looking at the property in May.

3119
04:27:10,180 --> 04:27:16,820
And that, notice a violation said, submit a plan with a project schedule, et cetera.

3120
04:27:18,040 --> 04:27:24,480
When the board issued the cease and desist order in November, it adopted that NOV.

3121
04:27:25,120 --> 04:27:32,040
In other words, that has always been what was required, submit a plan with a project schedule,

3122
04:27:32,740 --> 04:27:38,260
et cetera, prepared by a California Registry Professional Engineer, and submit a plan with

3123
04:27:38,260 --> 04:27:39,520
project schedule,

3124
04:27:41,840 --> 04:27:44,540
it's a name change application that said a rest.

3125
04:27:45,000 --> 04:27:50,040
So this is never, this is not a brand new thing and it's not like we're

3126
04:27:50,040 --> 04:27:54,500
springing, there's staff has been springing anything on Mr. Myers or not.

3127
04:27:54,980 --> 04:28:02,160
The reason that staff rejected his submission in December was because it did not do

3128
04:28:02,160 --> 04:28:02,480
that.

3129
04:28:02,720 --> 04:28:04,680
It did not submit a stabilization plan.

3130
04:28:04,680 --> 04:28:11,120
That's what Jill was saying, and so far, and that's what we're interested in, Clyde.

3131
04:28:11,500 --> 04:28:13,580
Yeah, I'd like to sort

3132
04:28:18,950 --> 04:28:24,090
of, I'd like to put this in some perspective of kind of what we do,

3133
04:28:24,750 --> 04:28:28,230
and what the Department of Water Resources and Orville Dam is all about.

3134
04:28:28,370 --> 04:28:30,510
I'd like to just put that in perspective.

3135
04:28:33,210 --> 04:28:35,090
This is the flood board.

3136
04:28:35,090 --> 04:28:42,190
this is the levee board. Our job is to protect the levees. Our job is to protect all

3137
04:28:42,190 --> 04:28:46,590
those people behind the levee, all the people in your area, all the people out in

3138
04:28:46,590 --> 04:28:54,970
Thomas. So, this property was allowed to be developed, but there were conditions on it.

3139
04:28:55,070 --> 04:28:58,570
You have to get, you want to do things, you have to get permit for them. It's not like living

3140
04:28:58,570 --> 04:29:03,930
in the city where you want to put in some concrete patio. You can do that without a permit.

3141
04:29:04,490 --> 04:29:05,470
You know, you don't need that.

3142
04:29:05,590 --> 04:29:06,450
You want to do it on the levy?

3143
04:29:06,650 --> 04:29:07,550
You got to have a permit.

3144
04:29:07,650 --> 04:29:10,190
You got to do that because people have to.

3145
04:29:10,270 --> 04:29:15,150
So when you come and you get a permit, you get a permit from us and you get approval from

3146
04:29:15,150 --> 04:29:15,930
the core of engineers.

3147
04:29:16,210 --> 04:29:18,370
The federal or federal partner and us.

3148
04:29:18,950 --> 04:29:23,690
So the thing that we're concerned about is I look at the levy out there and look at the

3149
04:29:23,690 --> 04:29:24,050
pictures.

3150
04:29:24,230 --> 04:29:25,210
I have not been on the site.

3151
04:29:25,230 --> 04:29:28,990
I look at the pictures and I go, well, that's got looks like it's got a lot of sand

3152
04:29:28,990 --> 04:29:30,790
in that levy.

3153
04:29:30,790 --> 04:29:34,750
And as we all know, sand is very erotable.

3154
04:29:35,870 --> 04:29:40,070
And so high water comes along and it might further erode that property.

3155
04:29:40,470 --> 04:29:43,130
And then maybe that threatens the house.

3156
04:29:43,170 --> 04:29:44,730
Maybe the house falls in the river.

3157
04:29:44,830 --> 04:29:49,370
That goes down and jams up the bridge and that causes water back up.

3158
04:29:49,630 --> 04:29:50,810
And it's kind of one of these things.

3159
04:29:51,890 --> 04:29:55,310
Or we get an erosion side and it starts to peel off the levy.

3160
04:29:56,370 --> 04:29:59,710
So our concern here is to protect.

3161
04:29:59,710 --> 04:29:59,990
Thanks for watching, and I'll see you in the next video.

3162
04:30:00,020 --> 04:30:06,360
The levy and the levy system, and all of that that goes with that.

3163
04:30:08,580 --> 04:30:16,320
Now, so we want it stabilized, and you want it stabilized, so that it doesn't take out the house,

3164
04:30:16,460 --> 04:30:18,440
doesn't make the house, doesn't fall in the river, and it doesn't go.

3165
04:30:19,020 --> 04:30:24,820
You need one, we need one, and you want to do it relatively, you know, appropriately and quickly.

3166
04:30:24,820 --> 04:30:35,120
The issue of oraville dam and causing if you want to litigate, if you want to litigate against them,

3167
04:30:35,860 --> 04:30:39,520
let's see, is that going to get resolved by June?

3168
04:30:40,520 --> 04:30:44,760
Now, is it going to get resolved by the June of your following?

3169
04:30:45,540 --> 04:30:47,300
Who knows? Might be five years?

3170
04:30:51,140 --> 04:30:57,920
So, it's going to take a long time. And if we have to wait for that to be resolved, that's

3171
04:30:57,920 --> 04:31:03,940
between you and the department, it's going to take a long time and the house may not be there

3172
04:31:03,940 --> 04:31:11,960
then. Okay, so if there are separate issues, we can't wait for, you know, some resolution

3173
04:31:11,960 --> 04:31:16,700
of who is liable for this, this needs to get fixed to protect all the people behind the

3174
04:31:16,700 --> 04:31:23,440
that's the point. You're very wise and you articulate effectively. Mr. Edgar does too.

3175
04:31:24,020 --> 04:31:30,120
We're all on the same page. The only bump in the road here is the issue of liability,

3176
04:31:30,660 --> 04:31:35,220
which you don't even want to concern yourselves with. I have already written a lawsuit filed it.

3177
04:31:35,220 --> 04:31:40,140
I got one in federal court naming the Department of Water Resources. You're right. It's going to take

3178
04:31:40,140 --> 04:31:46,080
a while. The class action lawsuit people told me they were supposed to go to trial in January

3179
04:31:46,700 --> 04:31:52,300
And I'm talking about farmers that lost 200 acres of walnut trees and 10 years worth of income,

3180
04:31:52,400 --> 04:31:58,560
$3 million dollars' loss, and the Department of Water Resources got $837 million from FEMA

3181
04:31:58,560 --> 04:32:02,460
to help pay them off and get them gone, and they kept on the money.

3182
04:32:03,160 --> 04:32:07,240
So I know what I'm up against, but I will litigate and I'll get it.

3183
04:32:07,560 --> 04:32:15,160
In the meantime, let me have three months to stabilize, get a stabilization plan.

3184
04:32:15,160 --> 04:32:18,100
I'll try to do it in less if I can do it in two weeks I will.

3185
04:32:18,740 --> 04:32:21,320
Let me get an engineering stabilization plan.

3186
04:32:21,560 --> 04:32:23,320
Do not do anything else.

3187
04:32:23,440 --> 04:32:24,640
Let me work with John.

3188
04:32:24,800 --> 04:32:25,520
I like John.

3189
04:32:26,200 --> 04:32:29,340
And let me come in here under three months.

3190
04:32:29,560 --> 04:32:32,260
We're not going to have any unless we have earthquake.

3191
04:32:32,980 --> 04:32:33,860
Nothing's going to happen.

3192
04:32:34,440 --> 04:32:38,360
It's a little we're already two feet below water level in the river.

3193
04:32:38,580 --> 04:32:40,380
There's no rain in sight.

3194
04:32:40,720 --> 04:32:42,140
A sprinkle Sunday may be.

3195
04:32:42,140 --> 04:32:48,740
So let me have time to get, I will get a complete stabilization plan.

3196
04:32:49,740 --> 04:32:56,040
I'm not going, I guess I don't even know why I'm supposed to give John a copy of my contract with the engineer.

3197
04:32:56,960 --> 04:33:05,240
How the engineer and I work is really not, I just did that as a good faith effort to have him see, I'm hiring a guy.

3198
04:33:05,240 --> 04:33:14,920
But rather, the guy takes, does things in steps, reviews the property, then gets some scientific analysis, and puts it together.

3199
04:33:15,180 --> 04:33:18,500
How we go about getting that stabilization plan is our business.

3200
04:33:19,120 --> 04:33:21,180
You can't give me three weeks. That's ridiculous.

3201
04:33:22,760 --> 04:33:25,260
Even now, I'm a 20-hour day guy.

3202
04:33:25,600 --> 04:33:27,180
I went to bed last night at 8 o'clock.

3203
04:33:27,260 --> 04:33:30,360
I got up at midnight. I had to take a sleeping pill to go to sleep.

3204
04:33:30,360 --> 04:33:33,680
And I've been working on my lawsuit for two months.

3205
04:33:34,060 --> 04:33:37,000
I just filed one in the spirit court here.

3206
04:33:37,260 --> 04:33:39,580
And I'm going to probably pull that.

3207
04:33:39,720 --> 04:33:42,260
I've got the federal lawsuit and an injunction

3208
04:33:43,040 --> 04:33:44,560
to stop everything in everybody.

3209
04:33:45,660 --> 04:33:48,520
So I mean, this you talk about litigation costs

3210
04:33:48,520 --> 04:33:50,060
and every other thing.

3211
04:33:50,320 --> 04:33:52,540
There's, you know, I find me 100,000.

3212
04:33:52,540 --> 04:33:54,800
I might cost you two million in litigation.

3213
04:33:55,100 --> 04:33:56,180
So, us work together.

3214
04:33:56,540 --> 04:33:57,640
I don't hate you.

3215
04:33:57,680 --> 04:33:59,580
I don't, I, you're not, you're not, you're not.

3216
04:33:59,580 --> 04:34:05,500
want to do what you do. Okay, let's let's be clear. Your proposal is if we

3217
04:34:05,500 --> 04:34:09,800
give you three months and I'll have a stable position plan. Wait a minute. We

3218
04:34:09,800 --> 04:34:16,340
give you three months. You will come back here with a and approved or

3219
04:34:16,340 --> 04:34:21,400
recommended stabilization plan with a registered engineer that meets the

3220
04:34:21,400 --> 04:34:25,920
requirements of the board. Yes, I can't say they'll accept it because they

3221
04:34:25,920 --> 04:34:29,040
haven't accepted anything I've done, but I will do it and I'll do it to

3222
04:34:29,040 --> 04:34:32,540
standard. And if they won't accept it, I'll give it to you and you find

3223
04:34:32,540 --> 04:34:44,220
some of you. Well, you're not going to give it to me. But what you can do is work with John

3224
04:34:44,220 --> 04:34:50,640
to make sure the reason he wants to see the contract is we have to do our due diligence to make

3225
04:34:50,640 --> 04:34:55,380
sure the engineers registered engineer and so on. That's the required. Yeah, the guy he knows

3226
04:34:55,380 --> 04:34:59,940
the guy working well. Okay. Okay. All right. But that's.

3227
04:35:00,000 --> 04:35:07,940
That's the reason. We're not trying to torture you. But that's what we need. And as Joe said, we've

3228
04:35:07,940 --> 04:35:13,460
been asking for that. And we haven't been getting a reason you didn't get it. It is because

3229
04:35:13,460 --> 04:35:21,860
of me being sideline without if somebody, let's say I'm marching along here and I'm having

3230
04:35:21,860 --> 04:35:27,660
an engineer come. Great. Nice you're having an engineering come. What are you going to do next? Well,

3231
04:35:27,660 --> 04:35:33,020
he's coming on January 10th and we're hoping to have drawing stabilization plan every other

3232
04:35:33,020 --> 04:35:37,200
thing within three weeks. Then what are you going to do? We're going to do this and that.

3233
04:35:37,720 --> 04:35:43,400
I'm have fallen his leap. But I cannot say I'm not going to write a buying check for 20,000

3234
04:35:43,400 --> 04:35:50,240
bucks to some engineering guy because the flood people are forcing me to come up with a certified

3235
04:35:50,240 --> 04:35:57,640
engineering plan. I'm going to take it a little easy here because well, it's got to be an

3236
04:35:57,640 --> 04:36:01,320
have a contract for 20,000 bucks with an engineer?

3237
04:36:02,540 --> 04:36:03,220
What do you got to have?

3238
04:36:06,980 --> 04:36:08,500
Yeah, we need a stamp plan.

3239
04:36:08,920 --> 04:36:11,340
He needs to put his engineer stamp on it.

3240
04:36:12,380 --> 04:36:14,220
Well, I'm going to get that, but

3241
04:36:18,660 --> 04:36:19,300
you got a job

3242
04:36:19,300 --> 04:36:20,780
ties with the enforcement section.

3243
04:36:21,840 --> 04:36:27,580
What we asked Mr. Meyer to do to possibly avoid getting to this point.

3244
04:36:28,140 --> 04:36:34,420
This season's sister was issued, and affirmed by the board, was to show us substantial

3245
04:36:34,420 --> 04:36:38,080
progress that you're going to comply with the season

3246
04:36:38,080 --> 04:36:41,260
to sister ruling at the board gate.

3247
04:36:41,680 --> 04:36:44,760
And we considered that substantial process progress

3248
04:36:45,090 --> 04:36:49,260
would be a sign contract with the engineering firm

3249
04:36:49,260 --> 04:36:51,680
to produce a stabilization plan.

3250
04:36:52,660 --> 04:36:56,820
What you see on your screens is the detail of the contract

3251
04:36:56,820 --> 04:37:01,220
between log and iron nickel and Mr. Meyer.

3252
04:37:02,020 --> 04:37:08,900
It says, consultant agrees to perform the following scope of services, perform a site visit

3253
04:37:08,900 --> 04:37:15,440
to assess the possible stabilization plans for repair of the levy damage at 79,000,000

3254
04:37:15,440 --> 04:37:18,880
garden highway, not to exceed $2,000.

3255
04:37:20,020 --> 04:37:23,440
We read that and we thought, this is a first site plan.

3256
04:37:23,660 --> 04:37:29,140
This is for a site visit. This is not a stabilization plan.

3257
04:37:29,140 --> 04:37:30,860
That's what it says.

3258
04:37:31,000 --> 04:37:31,720
That's what it says.

3259
04:37:31,780 --> 04:37:34,180
Yeah, that's not what you're after, but you...

3260
04:37:34,180 --> 04:37:39,060
No. That's why we considered it at that point in time when we got this.

3261
04:37:39,340 --> 04:37:42,700
Right before December 23rd, 2019.

3262
04:37:43,280 --> 04:37:47,440
This was not a substantial process, a significant progress,

3263
04:37:47,820 --> 04:37:50,440
to resolution of or compliance with the season

3264
04:37:50,440 --> 04:37:52,300
to sister order that you all affirmed.

3265
04:37:53,580 --> 04:37:57,600
So at that point, we decided to move ahead to this point,

3266
04:37:57,600 --> 04:37:58,340
Here we are today.

3267
04:37:59,120 --> 04:38:02,680
Mr. Taylor, you understand what we're talking about.

3268
04:38:02,680 --> 04:38:08,500
I think that when he submitted the contract,

3269
04:38:09,400 --> 04:38:12,640
it was under the impression that that was the stabilization contract,

3270
04:38:13,220 --> 04:38:15,320
which that was one step towards it,

3271
04:38:15,440 --> 04:38:18,660
which I think was miscommunicated.

3272
04:38:18,900 --> 04:38:20,780
As he responded to him that this is not it,

3273
04:38:20,820 --> 04:38:21,660
and he's like, what do you mean?

3274
04:38:22,120 --> 04:38:24,000
I'm just feeling rejected.

3275
04:38:24,720 --> 04:38:26,500
I see how it was developed and I think it was,

3276
04:38:26,500 --> 04:38:37,160
is a communication gap that cause, can you, what's your opinion of a three month delay

3277
04:38:37,160 --> 04:38:43,740
creating a, to be honest? I don't know what the normal processes for stabilization plan

3278
04:38:43,740 --> 04:38:48,880
you guys probably know what will be appropriate lead time to get something for your own

3279
04:38:48,880 --> 04:38:56,480
projects, that's where I would say he's trying to present a good faith offer to

3280
04:38:56,480 --> 04:38:59,360
give some time for him to produce it.

3281
04:38:59,740 --> 04:39:04,460
We do have an engineer that's been identified and willing to work, which is a good step, and

3282
04:39:04,460 --> 04:39:07,020
it was a lot of effort on the respondent.

3283
04:39:07,400 --> 04:39:13,300
And I think that knowing John's position as far as what he was expecting to receive as a

3284
04:39:13,300 --> 04:39:19,680
contract, that it was a communication gap as far as him just so I'm in process.

3285
04:39:19,920 --> 04:39:23,400
I wanted to let you in the loop, this is my, and this is what the expectation is.

3286
04:39:23,400 --> 04:39:27,900
So that way, people know that, hey, he's serious about getting a result.

3287
04:39:28,700 --> 04:39:36,520
I think goodwill is there, it's just a matter of taking off whatever assumptions were made,

3288
04:39:37,020 --> 04:39:38,740
and sitting down, okay, this is the guidelines.

3289
04:39:39,360 --> 04:39:44,900
And likewise, when it comes to stabilization plan, that there should be some due, some expectation

3290
04:39:44,900 --> 04:39:45,420
of due.

3291
04:39:45,480 --> 04:39:47,840
And that's where it's not clear when is this due?

3292
04:39:47,840 --> 04:39:49,580
Is it due in 48 hours?

3293
04:39:49,580 --> 04:39:53,280
is to do when is the expectations met by the prosecution

3294
04:39:53,280 --> 04:39:54,240
it was not established.

3295
04:39:54,800 --> 04:39:57,580
And that I think added to a bit of confusion

3296
04:39:57,580 --> 04:39:59,980
with go how long's it take to do one of these.

3297
04:40:00,000 --> 04:40:02,660
Well, it's never going to happen in three months.

3298
04:40:04,900 --> 04:40:09,300
But the fact that before he bought the property, he had noticed that this was needed.

3299
04:40:10,000 --> 04:40:17,000
It's sort of ridiculous that this point and say, well, how? I didn't know one of my going to do it.

3300
04:40:17,800 --> 04:40:22,220
You knew before he bought the property, and there's been no action toward the report.

3301
04:40:22,980 --> 04:40:26,140
That action towards the report is evident that he

3302
04:40:26,140 --> 04:40:30,000
injured into consulting with an engineer as prescribed by the sealed.

3303
04:40:30,440 --> 04:40:34,360
And I think that itself is should be reflected in your statement.

3304
04:40:35,440 --> 04:40:37,820
The effort is there, and the intentions are there.

3305
04:40:38,200 --> 04:40:41,700
Guidance is not something he has experienced in.

3306
04:40:42,860 --> 04:40:46,220
And he is looking for, and it seems like John is willing to say,

3307
04:40:46,620 --> 04:40:49,760
okay, these are the steps we're expecting in three weeks to have.

3308
04:40:49,760 --> 04:40:52,700
at least this level completed by this engineer,

3309
04:40:52,820 --> 04:40:55,200
something to that effect, it gives him some guidance to say,

3310
04:40:55,660 --> 04:40:59,500
okay, he's just, I give, I commend him just finding

3311
04:40:59,500 --> 04:41:02,360
somebody based off of what you guys experienced earlier

3312
04:41:02,360 --> 04:41:04,340
today as far as the needs of the state

3313
04:41:04,340 --> 04:41:07,480
and finding credible engineers to resolve issues

3314
04:41:07,480 --> 04:41:10,500
as far as this and create a budget and plan stuff like that.

3315
04:41:10,720 --> 04:41:15,280
So, how much does a stabilization study usually cost?

3316
04:41:16,440 --> 04:41:25,680
You know, I'm not going to offer, no, I mean, it would be substantial cost.

3317
04:41:26,520 --> 04:41:31,300
It's not going to be a $5,000 contract, they'll come up with this plan, so you know,

3318
04:41:32,180 --> 04:41:35,000
you're, you're, for sure, talking more than $50,000.

3319
04:41:36,720 --> 04:41:38,100
So, uh, yeah.

3320
04:41:38,500 --> 04:41:38,680
Yeah.

3321
04:41:38,920 --> 04:41:42,720
And we appreciate that feedback, because that way, allow us, in negotiation with the

3322
04:41:42,720 --> 04:41:46,340
to make sure that it's a fair, not in a way to make it.

3323
04:41:46,340 --> 04:41:50,120
Wait a minute, we've got some board members who want to talk here.

3324
04:41:51,080 --> 04:41:51,240
Jane.

3325
04:41:56,360 --> 04:42:05,180
You know, I really am trying very hard to appreciate that board members and others are trying

3326
04:42:05,180 --> 04:42:13,140
to provide a tutorial for a property owner who has responsibilities to repair violations on

3327
04:42:13,140 --> 04:42:13,700
his property.

3328
04:42:14,820 --> 04:42:23,170
And I keep coming back to our responsibility, and now I see it as a board member of this

3329
04:42:23,170 --> 04:42:23,850
ANC.

3330
04:42:24,490 --> 04:42:29,870
Is that we are to determine if something needs to be done.

3331
04:42:31,130 --> 04:42:35,430
And, well, I understand this property owner is confused.

3332
04:42:35,730 --> 04:42:38,010
I don't think we caused a confusion.

3333
04:42:39,130 --> 04:42:42,870
And I look at all of this information that's been provided.

3334
04:42:42,870 --> 04:42:48,330
And what we've heard in reading transcripts, from 2018, of course,

3335
04:42:48,610 --> 04:42:56,850
funds to award hearing in 2019 to now 2020, I come to these questions.

3336
04:42:57,630 --> 04:43:02,610
Devilations on this property exist that are potentially dangerous to the State

3337
04:43:02,610 --> 04:43:10,710
Planet Flood Control, and I say, yes, has the property owner been appropriately notified,

3338
04:43:10,710 --> 04:43:17,530
And I say yes many times, even in his response, he provides attachments of the two notices

3339
04:43:17,530 --> 04:43:21,390
that he received that very clearly indicate what needs to be done.

3340
04:43:22,190 --> 04:43:27,310
Not exactly how, not exactly who's supposed to do it, and not how much money he's supposed

3341
04:43:27,310 --> 04:43:34,770
to spend, but what needs to be done to correct the violations is that the action I think

3342
04:43:34,770 --> 04:43:40,370
is specified to the extent that a public entity needs to appropriately provide it to a private

3343
04:43:40,370 --> 04:43:43,410
property owner for his private property.

3344
04:43:44,850 --> 04:43:47,090
And I think that that should be corrected.

3345
04:43:47,290 --> 04:43:49,090
And I think the way that they will be corrected

3346
04:43:49,090 --> 04:43:50,810
is to adopt a force in order.

3347
04:43:52,270 --> 04:43:54,270
And if you want to listen to the other board members,

3348
04:43:55,010 --> 04:43:56,610
you obviously can do that and should,

3349
04:43:56,750 --> 04:43:58,490
but that's the motion that I'm prepared to make.

3350
04:44:00,230 --> 04:44:03,310
Tim, I don't think we're ready for motion yet.

3351
04:44:03,530 --> 04:44:05,770
But we'll start with the act of the board, Jim.

3352
04:44:05,970 --> 04:44:06,670
Yeah, that.

3353
04:44:08,230 --> 04:44:10,350
OK, I think we've heard enough at this point.

3354
04:44:10,350 --> 04:44:23,310
have we? Yeah, hold on. No, I'm not. We get to. Yeah. Thank you. Thank you. Thank you, Jane.

3355
04:44:23,790 --> 04:44:28,610
Thank you. We'll take this at the board at this point. And having said that, I do have a question.

3356
04:44:28,750 --> 04:44:30,510
I'd like the response to answer.

3357
04:44:34,050 --> 04:44:38,570
Let's just assume hypothetically that it isn't three months and there is a plan whatever

3358
04:44:39,030 --> 04:44:42,870
you guys come back and it says it's going to cost a million dollars to fix it.

3359
04:44:43,190 --> 04:44:44,330
Are you going to do it?

3360
04:44:45,980 --> 04:44:47,520
No, no, but.

3361
04:44:48,560 --> 04:44:57,380
I will presume that we'll present that to you guys and the decision will be up to the property owner as to what will be possible solution that you guys would accept or you guys can reject.

3362
04:44:57,980 --> 04:44:59,600
I'm asking if you guys are going to pay for it.

3363
04:45:00,000 --> 04:45:04,880
I'm assuming that he's willing to make right with the property, that's why he purchased it.

3364
04:45:05,020 --> 04:45:06,060
Can you come in that?

3365
04:45:07,960 --> 04:45:09,360
First, I want to clarify the other.

3366
04:45:09,360 --> 04:45:12,600
No, I just want to question, yes, no. Will you pay for it?

3367
04:45:12,980 --> 04:45:20,260
I will pay what is required to get a stabilization plan. Your number is, no, we have to implement the plan.

3368
04:45:20,480 --> 04:45:21,280
I will implement the plan.

3369
04:45:21,320 --> 04:45:23,540
You'll pay for it to be built to fix.

3370
04:45:24,060 --> 04:45:29,680
Whatever the plan costs, whatever the plan says, it's going to cost more money to do it.

3371
04:45:29,680 --> 04:45:30,420
I'll get it done.

3372
04:45:30,420 --> 04:45:33,800
If you give me a permit to do it, I'll get it done.

3373
04:45:34,060 --> 04:45:35,240
Thank you.

3374
04:45:36,820 --> 04:45:40,420
I wanted to ask that question because I'm with Jane.

3375
04:45:41,880 --> 04:45:43,560
There's no doubt that there's risk.

3376
04:45:44,000 --> 04:45:45,000
It's been there for years.

3377
04:45:46,000 --> 04:45:49,180
I don't know that you knew all the things you bought when you bought the property.

3378
04:45:49,460 --> 04:45:50,460
But you bought the history.

3379
04:45:50,760 --> 04:45:51,500
No, I did not.

3380
04:45:51,840 --> 04:45:52,800
But there's a bit of paper.

3381
04:45:52,920 --> 04:45:53,720
People along to you.

3382
04:45:53,740 --> 04:45:54,540
This is not a question.

3383
04:45:55,560 --> 04:45:56,100
Three months.

3384
04:45:56,860 --> 04:45:58,760
This is not because I want three months.

3385
04:45:58,760 --> 04:45:59,640
I didn't ask a question.

3386
04:45:59,640 --> 04:46:06,540
I know, but I got to tell you, maybe you could just go set on for a second, because it's not a back and forth. Sorry. It's just not. Okay. So,

3387
04:46:09,970 --> 04:46:11,770
I'm worried that it's not going to get done.

3388
04:46:12,590 --> 04:46:17,570
And I'm worried that if we adopt what's been recommended that it's not going to matter.

3389
04:46:19,190 --> 04:46:28,950
That said, if we think collectively as a group, there's a path that might lead to a result of it being fixed, then I'm happy to consider that.

3390
04:46:29,630 --> 04:46:31,550
But frankly, we heard this two months ago.

3391
04:46:31,930 --> 04:46:33,430
This is the same discussion we had in November.

3392
04:46:34,310 --> 04:46:34,870
Give me time.

3393
04:46:34,970 --> 04:46:35,550
I'm going to come back.

3394
04:46:35,650 --> 04:46:36,210
I have a plan.

3395
04:46:36,310 --> 04:46:37,730
We talked about the exact same things.

3396
04:46:37,790 --> 04:46:39,710
We talked about the exact same words.

3397
04:46:40,710 --> 04:46:42,170
And nothing's happened except somebody

3398
04:46:42,170 --> 04:46:44,590
agreed to go out to a site visit, which hasn't happened yet.

3399
04:46:45,950 --> 04:46:47,270
So I'm sorry that you're in the situation,

3400
04:46:47,650 --> 04:46:49,830
but as the landowner, we do care.

3401
04:46:50,110 --> 04:46:52,170
And we do have to work together because you

3402
04:46:52,170 --> 04:46:55,850
are working with us because of where you own your feed title.

3403
04:46:57,570 --> 04:47:03,290
So the plans that you pull together, we have to see, we have to approve, we have to understand.

3404
04:47:04,430 --> 04:47:05,210
That's just how it works.

3405
04:47:05,830 --> 04:47:08,210
You can't do it at vacuum, you can't do it by yourself.

3406
04:47:08,390 --> 04:47:09,710
We have to be part of that.

3407
04:47:11,270 --> 04:47:14,310
So I want to hear what my colleagues think about this,

3408
04:47:14,970 --> 04:47:17,470
but I don't want to hear any more about what happened.

3409
04:47:17,890 --> 04:47:19,350
I want to hear about what's going to happen.

3410
04:47:19,550 --> 04:47:20,970
I want people that commit to something.

3411
04:47:22,030 --> 04:47:24,690
Because even then, whether it rains this year or not,

3412
04:47:25,390 --> 04:47:28,890
We're in a spot where it's highly unlikely anything will get built before next winter.

3413
04:47:29,550 --> 04:47:32,870
We'll be in another winter when things are going to be just like they are now or worse.

3414
04:47:33,890 --> 04:47:38,030
So maybe there are some things to do to shore it up before our permanent fixes in place,

3415
04:47:38,410 --> 04:47:42,630
but I'm well concerned and where Jane is about water perspective,

3416
04:47:42,910 --> 04:47:45,690
our responsibility and the risk that exists in getting something done.

3417
04:47:46,990 --> 04:47:48,230
I speak now.

3418
04:47:48,890 --> 04:47:49,390
Is it my turn?

3419
04:47:49,550 --> 04:47:50,210
No, no, no.

3420
04:47:50,230 --> 04:47:50,290
No, no.

3421
04:47:50,350 --> 04:47:52,730
The better it the board now, Mr.

3422
04:47:53,650 --> 04:47:57,410
Mario, William, we're dealing with it now.

3423
04:47:57,810 --> 04:47:58,950
Thank you.

3424
04:48:02,380 --> 04:48:02,900
Clyde?

3425
04:48:08,760 --> 04:48:11,180
If I didn't win Ryan over there.

3426
04:48:11,320 --> 04:48:11,840
Clyde.

3427
04:48:12,860 --> 04:48:14,840
Oh, did you want to?

3428
04:48:14,920 --> 04:48:16,440
Did you take your name off?

3429
04:48:16,640 --> 04:48:17,420
I think my name off.

3430
04:48:17,620 --> 04:48:18,100
OK.

3431
04:48:19,660 --> 04:48:22,240
You don't want any part of this.

3432
04:48:26,500 --> 04:48:37,460
I'd like to respond to Jane and Tim and just sort of put it in perspective as how I think about what our resolution says.

3433
04:48:39,000 --> 04:48:42,480
And our resolution says something has to get fixed.

3434
04:48:43,180 --> 04:48:50,400
We've said that in the three times before either the staff has in the board of firms.

3435
04:48:50,400 --> 04:48:53,660
So we've been saying that all along, this needs to get fixed.

3436
04:48:54,100 --> 04:48:55,980
So pass that part.

3437
04:48:57,680 --> 04:49:00,360
Then there are two items in the board's resolution.

3438
04:49:02,120 --> 04:49:05,160
The first one, and I'll just read it.

3439
04:49:05,400 --> 04:49:07,020
It's three lines long.

3440
04:49:07,200 --> 04:49:09,200
If I, I'm sorry,

3441
04:49:12,330 --> 04:49:13,670
just read this.

3442
04:49:14,050 --> 04:49:16,350
If the respondent does not secure the water side,

3443
04:49:16,350 --> 04:49:19,530
levied berm according to requirements, you know,

3444
04:49:19,550 --> 04:49:20,150
our requirements.

3445
04:49:20,290 --> 04:49:22,310
The board shall secure the berm for the remainder

3446
04:49:22,310 --> 04:49:32,050
the 2019-2020 flood season. I think we've, it doesn't take a lot to think that, that is not

3447
04:49:32,050 --> 04:49:38,630
going to happen in the next 30 days, where he secures it. It didn't go to happen. So therefore,

3448
04:49:38,650 --> 04:49:45,370
it triggers that it says, we will do it. And then the other, so that's element one number one.

3449
04:49:45,510 --> 04:49:51,130
You have to do something within 30 days, which can't be done in 30 days. So therefore, the state

3450
04:49:51,130 --> 04:49:56,150
will do it, and that's not necessarily a bad thing, and somebody is fixing it for you

3451
04:49:56,150 --> 04:49:59,990
keeping your house, and then the other one is the hundred and six.

3452
04:50:00,700 --> 04:50:25,020
So, I think those, you know, that's kind of what passing this resolution really means. So, and I sort of like, okay, so that's my comment there. And the other thing I think that we have to really do are make sure is that this can get done before at least the next winter.

3453
04:50:26,040 --> 04:50:30,260
That's we really have to get so it's kind of it can't be something that gets dragged out.

3454
04:50:30,460 --> 04:50:32,120
It has to be enough time here.

3455
04:50:32,740 --> 04:50:43,900
And I think if Mr. Myers is going to give us a plan, it has to be a plan that you've worked out with the engineers over here that you've talked about it with the Corps of Engineers.

3456
04:50:44,620 --> 04:50:46,140
You've got that all bald up.

3457
04:50:46,280 --> 04:50:50,860
So by the time it gets here, you've got a something that you can stand behind.

3458
04:50:50,860 --> 04:50:58,720
And you've got sort of the institutional support that does that, but, you know, whether, I don't know.

3459
04:50:58,900 --> 04:51:03,180
I'm okay with three months, but I want to make sure that it gets done.

3460
04:51:03,400 --> 04:51:13,560
If it does, if you're not here with a plan in three months, then I think this board just has to exercise what's in this, in our staff report.

3461
04:51:13,640 --> 04:51:20,840
And that is the state will do it because we can't have your house fall in the river and go down there and screw up the bridge and take out a

3462
04:51:20,840 --> 04:51:26,000
like that. Can't have that. That is not allowed. Can not threaten the people in

3463
04:51:26,000 --> 04:51:31,460
the Thomas. That is not allowed. So, that's my view. Mr. President, can I just

3464
04:51:31,460 --> 04:51:37,140
jump in first? It should be clear to everyone that if the state does it, that will

3465
04:51:37,140 --> 04:51:40,500
be a reimbursement back to the landowner. That's not a freebie for the state.

3466
04:51:41,640 --> 04:51:43,020
Right. Just make sure.

3467
04:51:47,480 --> 04:51:48,140
Okay. Okay.

3468
04:51:52,130 --> 04:51:55,250
I've had a little bit of experience in this kind of

3469
04:51:55,250 --> 04:52:03,130
where we've done this in Old Sacramento, and what would happen is that we would try to get

3470
04:52:03,130 --> 04:52:10,810
compliance with these kinds of things. Owners would drag on, drag on, wouldn't do anything,

3471
04:52:11,030 --> 04:52:17,690
would drag them up before the commission, and they say, give me 30 days or give me 60 days,

3472
04:52:18,610 --> 04:52:24,550
and I'll fix them or I'll bring back up better solution or whatever. We give them that,

3473
04:52:24,550 --> 04:52:31,130
and sometimes it works, sometimes it doesn't, but I think the boards in a better position

3474
04:52:31,950 --> 04:52:41,590
to allow the person he's committed in three months to bring back a contract with a stabilization

3475
04:52:41,590 --> 04:52:50,430
plan, a time play table, and a commitment to pay, like Tim said, and if you're committing to that

3476
04:52:50,430 --> 04:52:53,410
today that you will do that in three months.

3477
04:52:54,490 --> 04:52:57,130
And it comes back and it's done well, good.

3478
04:52:57,670 --> 04:53:00,490
If it's not, you're in a lot of trouble.

3479
04:53:03,960 --> 04:53:06,000
OK, that's the issue before the board.

3480
04:53:06,160 --> 04:53:11,480
As far as I'm concerned, Jane, are you on here?

3481
04:53:12,160 --> 04:53:12,800
I am.

3482
04:53:12,880 --> 04:53:13,660
Yeah, OK.

3483
04:53:16,160 --> 04:53:17,120
The leads yourself, Jane.

3484
04:53:17,360 --> 04:53:17,840
There you go.

3485
04:53:18,200 --> 04:53:19,900
I didn't touch it.

3486
04:53:21,690 --> 04:53:25,130
What you requested is not what I am in favor

3487
04:53:25,130 --> 04:53:34,370
of moving, and April 6, 2018, and notice the violation was issued, April 6, 2018.

3488
04:53:35,790 --> 04:53:42,850
In two short months, that will be two years of very clear information to the property owner

3489
04:53:42,850 --> 04:53:44,150
what needs to be done.

3490
04:53:44,430 --> 04:53:46,190
Didn't say do something three months.

3491
04:53:46,790 --> 04:53:52,670
It said submit a plan and a projected schedule, and then go to there what needs to be done.

3492
04:53:52,670 --> 04:53:59,850
submit a plan with the project with a proposed schedule and how to repair the notice of violation,

3493
04:54:00,990 --> 04:54:04,010
submit a name change, and submit an encroachment from it.

3494
04:54:05,210 --> 04:54:08,870
Didn't say you had 10 days to do it, didn't say that, and you need to submit a plan.

3495
04:54:10,230 --> 04:54:18,930
After something less than two years came a memo or an email to the board and an attached contract

3496
04:54:18,930 --> 04:54:20,570
to set up a site visit.

3497
04:54:22,150 --> 04:54:31,970
So I appreciate, I have a little bit of experience in these kinds of hearings myself, maybe that's why I don't, I think you need to say it have to do it.

3498
04:54:32,650 --> 04:54:49,150
I sat on a local government board for 32 years that did these things and got pretty sympathetic with people early on and then found that being sympathetic means you're just sympathetic 30 days later in your sympathetic three months later.

3499
04:54:49,150 --> 04:54:51,470
These violations need to be done.

3500
04:54:51,750 --> 04:54:55,930
Property owners have due diligence to act upon their property.

3501
04:54:57,290 --> 04:54:59,990
For me, my due diligence is to support.

3502
04:55:00,080 --> 04:55:08,700
What has been brought forward to us in very comprehensive fashion that these need to be corrected, and an order needs to be issued?

3503
04:55:08,860 --> 04:55:09,700
I understand.

3504
04:55:13,380 --> 04:55:13,500
No.

3505
04:55:14,740 --> 04:55:19,160
The matter is before the board at this point where we've closed public hearing.

3506
04:55:19,560 --> 04:55:21,780
Well, I'm going to surprise tonight. I'm going to see how this goes.

3507
04:55:22,420 --> 04:55:28,080
I moved at this board to adopt the enforcement order resolution as recommended by staff.

3508
04:55:34,070 --> 04:55:35,770
So a second?

3509
04:55:39,740 --> 04:55:41,420
Okay. Call the roll please.

3510
04:55:41,860 --> 04:55:47,740
All the way. You know

3511
04:55:51,900 --> 04:55:59,720
when this property was purchased is irrelevant. A notice was given in 2018.

3512
04:56:02,300 --> 04:56:11,480
If the person at sold this property didn't properly notify the buyer, then the buyer can go back and sue the

3513
04:56:12,540 --> 04:56:19,200
original person. I don't know. My understanding is that he was notified of this requirement.

3514
04:56:20,160 --> 04:56:26,260
And if he wasn't, then I think he's got a good solid claim against the seller of the property.

3515
04:56:27,120 --> 04:56:33,440
For not properly notifying him of the restrictions that were out there and ongoing.

3516
04:56:34,200 --> 04:56:34,920
So,

3517
04:56:36,980 --> 04:56:43,160
it just doesn't sell with me that it's like, oh, I'm not given any time.

3518
04:56:43,440 --> 04:56:44,620
It's since 2018,

3519
04:56:46,780 --> 04:56:53,180
I can't fathom any reason why this engineer's report has not been

3520
04:56:53,180 --> 04:57:00,320
provided on how to fix this property and move forward.

3521
04:57:01,360 --> 04:57:07,000
people like to live out there next to the river, and they say they're willing to accept

3522
04:57:07,000 --> 04:57:13,680
the risk of living there, because they like to have the river there, and etc.

3523
04:57:14,340 --> 04:57:14,340
Well,

3524
04:57:16,500 --> 04:57:21,000
if you want to live next to the river, you have to live with the costs of maintaining

3525
04:57:21,000 --> 04:57:29,140
it, because rivers move, and rivers cause erosion, and especially if you have unapproved

3526
04:57:29,140 --> 04:57:35,100
features like that flood wall that was put out there that may have exacerbated this situation.

3527
04:57:36,080 --> 04:57:45,580
So I feel that, you know, we should move forward with this and I intend to vote in favor

3528
04:57:45,580 --> 04:57:46,340
of the motion.

3529
04:57:48,020 --> 04:57:49,220
Other speaking?

3530
04:58:03,410 --> 04:58:04,150
Okay.

3531
04:58:04,150 --> 04:58:05,570
Okay,

3532
04:58:11,860 --> 04:58:18,300
I guess I'm going to vote against it because I think that, yes, the staff is

3533
04:58:18,300 --> 04:58:24,960
done properly, the evidence is there, all the information and material.

3534
04:58:25,800 --> 04:58:34,420
But at this meeting, we have the property owner committing to the board that within three months,

3535
04:58:34,420 --> 04:58:42,640
He's going to have what we've asked for and committed to, and it's his word if he doesn't come up with it

3536
04:58:42,640 --> 04:58:45,420
Well, there's no question about it

3537
04:58:45,420 --> 04:58:48,860
If he does is able to fix it then

3538
04:58:48,860 --> 04:58:50,540
Then good

3539
04:58:50,540 --> 04:58:51,580
Can you say you fix it?

3540
04:58:51,640 --> 04:58:52,280
What do you mean?

3541
04:58:52,440 --> 04:58:56,060
You come back and with a plan that meets the staff requirements

3542
04:58:56,060 --> 04:58:57,460
Fix it physically

3543
04:58:57,460 --> 04:58:58,320
No, not physically

3544
04:58:58,320 --> 04:59:01,240
No, he told me that that couldn't be done

3545
04:59:01,240 --> 04:59:01,840
Yeah

3546
04:59:01,840 --> 04:59:09,960
So, you know, that's, yeah, so that's kind of where I am, but it's not, you know,

3547
04:59:10,180 --> 04:59:12,700
it's not a slap at the face of the staff.

3548
04:59:12,920 --> 04:59:15,980
It's just, I think we're in a better position to do that.

3549
04:59:16,440 --> 04:59:23,080
Well, can I ask, for you, if it's the time, provided that's most important,

3550
04:59:23,480 --> 04:59:25,440
or the fine that's involved or both?

3551
04:59:25,840 --> 04:59:29,620
It's the fine and the fact that we're taking a final action

3552
04:59:29,620 --> 04:59:35,340
when he has publicly indicated that if you give me three more months, I'll come pull up.

3553
04:59:36,060 --> 04:59:40,760
And I, I mean, or I didn't think I would see what happens.

3554
04:59:42,000 --> 04:59:46,220
So I'm going to go off the tracks here, I don't know if I can do this, but if I can't,

3555
04:59:46,320 --> 04:59:47,620
she will tell me.

3556
04:59:48,920 --> 04:59:55,400
And maybe make a friendly amendment to my second, which is that we adopt the staff recommendation

3557
04:59:55,400 --> 04:59:59,940
and with the condition that the fine wouldn't take effect for three months.

3558
05:00:00,140 --> 05:00:10,580
And if the staff is satisfied with the plan has been submitted by that time, then the fine would not be included in the order. Is that possible?

3559
05:00:11,380 --> 05:00:16,100
The board has a discretion to amend the proposed order, so yes, that is possible.

3560
05:00:16,880 --> 05:00:18,260
As an agenda item.

3561
05:00:18,260 --> 05:00:20,540
As an agenda item, made it, I want to make sure that Jane.

3562
05:00:20,640 --> 05:00:25,840
Yes, I know, and I, you know, he's an attorney. I'm someone who actually certified to teach parliamentary procedure.

3563
05:00:27,000 --> 05:00:32,120
I accept that. I actually feel a little note here for a further time that I would accept

3564
05:00:32,900 --> 05:00:40,040
staying in position of the administrative penalty for three months and a report from staff

3565
05:00:40,040 --> 05:00:48,080
of what is submitted is appropriate to determine that there will be movement forward to correct the actions.

3566
05:00:48,240 --> 05:00:49,140
Okay, thank you.

3567
05:00:49,240 --> 05:00:51,940
Because I would like to see that money go into the plan.

3568
05:00:52,760 --> 05:00:57,000
And that gives us a better breathing room and maybe we get a vote from Bill.

3569
05:00:57,280 --> 05:00:59,260
And there's a second verse so you agree with it?

3570
05:00:59,340 --> 05:01:00,600
Well, could I ask for a second?

3571
05:01:01,100 --> 05:01:02,140
I'll read the second note.

3572
05:01:02,260 --> 05:01:07,180
Could I just get clarification that the it that you're talking about is a certified

3573
05:01:08,280 --> 05:01:14,600
engineer's report, stabilization plan with specific timelines and actions that will be done.

3574
05:01:14,880 --> 05:01:15,920
Is that what we're talking about?

3575
05:01:15,920 --> 05:01:16,960
But our staff agree.

3576
05:01:16,980 --> 05:01:17,200
Yeah.

3577
05:01:17,760 --> 05:01:18,740
It makes those conditions.

3578
05:01:19,280 --> 05:01:26,160
It will not be implemented, but it will be submitted with a time table and an action

3579
05:01:26,160 --> 05:01:26,480
plan.

3580
05:01:27,420 --> 05:01:27,560
Yeah.

3581
05:01:27,560 --> 05:01:28,520
That's what we're talking about.

3582
05:01:28,760 --> 05:01:29,000
Okay.

3583
05:01:29,560 --> 05:01:35,820
And if that is done within three months, from today, accepted by the staff, the enforcement

3584
05:01:35,820 --> 05:01:39,360
order is still in effect, except there would be no fine.

3585
05:01:40,120 --> 05:01:41,420
Is that what I'm understanding?

3586
05:01:41,420 --> 05:01:46,880
And if that is not done in three months, then the enforcement order with the fine is.

3587
05:01:46,960 --> 05:01:47,260
That's right.

3588
05:01:47,420 --> 05:01:49,200
I would propose we don't hear it again.

3589
05:01:49,420 --> 05:01:51,160
That's just how it works.

3590
05:01:51,480 --> 05:01:55,840
That three months see their staff for satisfied and we hear about it.

3591
05:01:56,000 --> 05:01:56,480
Or they're not.

3592
05:01:56,600 --> 05:01:57,980
In which case we also hear about it.

3593
05:01:58,140 --> 05:01:59,640
But either way we don't need to hear it again.

3594
05:02:01,340 --> 05:02:07,560
Thank you Executive Office for clarifying and giving us complete sentences to add to this motion.

3595
05:02:08,660 --> 05:02:10,780
So as to make her the motion I agree with that.

3596
05:02:10,780 --> 05:02:12,020
Okay, that's a good amendment.

3597
05:02:12,560 --> 05:02:16,620
I think that we, whether you, whether you have the

3598
05:02:16,620 --> 05:02:17,240
hundred.

3599
05:02:17,360 --> 05:02:18,340
I like this amendment.

3600
05:02:18,860 --> 05:02:20,120
Yeah, the amendment's good.

3601
05:02:21,660 --> 05:02:21,960
All right.

3602
05:02:22,100 --> 05:02:23,540
So we have a motion.

3603
05:02:23,540 --> 05:02:24,540
I just got us.

3604
05:02:24,680 --> 05:02:25,020
Oh, climb.

3605
05:02:25,520 --> 05:02:25,960
Oh, climb.

3606
05:02:26,380 --> 05:02:30,620
This is a technical point for the maker of the motion in the second.

3607
05:02:31,420 --> 05:02:34,420
The going back to that sentence.

3608
05:02:34,660 --> 05:02:36,420
I read two, four.

3609
05:02:36,680 --> 05:02:38,740
Yeah, dealing with the March 30th.

3610
05:02:38,740 --> 05:02:46,880
In other words, if Mr. Meyer doesn't come back with a complete plan, that by March 30th,

3611
05:02:46,880 --> 05:02:48,240
then the board would do that.

3612
05:02:48,240 --> 05:02:56,280
That would be clarified so that if he, in three months, if he's not here, there'd be that the

3613
05:02:56,280 --> 05:02:59,780
state would take it over and do it just as it is in the plan if that's where.

3614
05:02:59,780 --> 05:03:01,820
But it would be May instead of March.

3615
05:03:02,320 --> 05:03:05,540
It would be just, if he misses the date, it's triggered.

3616
05:03:06,020 --> 05:03:09,420
So that's, so that March 30th date is May.

3617
05:03:09,600 --> 05:03:09,920
Be modified.

3618
05:03:10,540 --> 05:03:11,360
I was April.

3619
05:03:11,460 --> 05:03:12,060
For the record.

3620
05:03:12,440 --> 05:03:14,880
I was not proposing to modify that part of it.

3621
05:03:14,900 --> 05:03:15,720
For me, that's unrelated.

3622
05:03:16,060 --> 05:03:18,460
That's the, oh my god, we need to do something now.

3623
05:03:19,020 --> 05:03:20,160
We need a long-term plan also.

3624
05:03:20,520 --> 05:03:22,920
But I read this to say that.

3625
05:03:23,000 --> 05:03:24,580
What do we make that with a long-term plan?

3626
05:03:24,720 --> 05:03:27,400
We still need people to go out and do something today.

3627
05:03:27,560 --> 05:03:28,900
This winter to stabilize it.

3628
05:03:28,940 --> 05:03:31,600
If you want to change that date, that's fine.

3629
05:03:31,740 --> 05:03:33,220
I was not proposing to change that date.

3630
05:03:33,220 --> 05:03:43,060
Now, the current resolution says that if he doesn't complete the work within 30 days,

3631
05:03:44,540 --> 05:03:45,640
the state will do the work.

3632
05:03:46,840 --> 05:03:47,820
So now we're going to have it.

3633
05:03:48,040 --> 05:03:49,900
So we're shoving this forward.

3634
05:03:51,540 --> 05:03:53,060
Does the date go forward?

3635
05:03:53,100 --> 05:03:56,500
I mean, what it really ought to be, if he does this work, nothing happened.

3636
05:03:56,620 --> 05:03:58,900
If he does it, comes back, everything gets done.

3637
05:04:00,000 --> 05:04:07,280
But if he doesn't do the work, then the guillotine ought to come down, and no 30 days just

3638
05:04:07,280 --> 05:04:08,700
just have to stay through the work.

3639
05:04:10,960 --> 05:04:11,860
That clear.

3640
05:04:13,850 --> 05:04:14,150
Clear?

3641
05:04:16,950 --> 05:04:17,430
Yes.

3642
05:04:17,870 --> 05:04:23,930
I think that they ought to be, everything ought to be three months for the organization

3643
05:04:23,930 --> 05:04:29,570
of the actual action, of the penalty and of the, of the, of the, of the, of the,

3644
05:04:29,570 --> 05:04:46,510
So, now I'm curious because I was interpreting the March 30 date as some sort of emergency repair and not the long-term effects because this is further remainder of the 2019-20-20 season.

3645
05:04:48,150 --> 05:04:50,510
So, I guess that's a question for Sir Dyson.

3646
05:04:50,510 --> 05:04:59,750
on tight portion section. Yes, the way the portion order was written was to get that.

3647
05:05:09,340 --> 05:05:23,570
I'm not sure. I'd have to talk to DWR maintenance, flood maintenance office to see if that could truly be done. Talk to RD1000 if they have resources to do it. Get it done.

3648
05:05:23,810 --> 05:05:28,430
Well again, though, those are all items that would be charged back to the homeowner if those were done.

3649
05:05:28,430 --> 05:05:35,250
So we give him 30 days to do it, if he doesn't do it, and we step in and do it, and then we have to

3650
05:05:35,250 --> 05:05:41,190
kind of jump down and it's, can he get it done? Like he couldn't do a stabilization, implement a

3651
05:05:41,730 --> 05:05:49,430
stabilization, you know, planet in 30 days, but he can, can he do the emergency work in 30 days?

3652
05:05:51,480 --> 05:05:57,120
Like I said, President, I'm not, I'm not sure it would probably be possible. It may not be possible.

3653
05:06:01,800 --> 05:06:04,520
Is it an emergency though?

3654
05:06:05,620 --> 05:06:11,520
Technically no, because when the Army Corps of Engineers evaluated the situation to see if

3655
05:06:11,520 --> 05:06:18,440
it was going to be a public law 84-99 site, they came back and said no, because the erosion

3656
05:06:18,440 --> 05:06:23,480
had not impranged upon the levy prism at that point in time.

3657
05:06:24,260 --> 05:06:29,840
It's still there was still enough water side levy berm to a road before it got to the levy prism.

3658
05:06:29,840 --> 05:06:32,200
And that's why the Army Corps of Engineers did not

3659
05:06:32,200 --> 05:06:35,200
designate this site as a public law 8499.

3660
05:06:35,560 --> 05:06:36,200
We per site.

3661
05:06:36,860 --> 05:06:37,920
So it's not an emergency.

3662
05:06:39,720 --> 05:06:41,120
OK, then Mr. President.

3663
05:06:41,360 --> 05:06:44,980
Why wouldn't we just postpone the March 20th through the three

3664
05:06:44,980 --> 05:06:46,260
months date?

3665
05:06:46,500 --> 05:06:48,820
I think that's what the proposal was.

3666
05:06:49,120 --> 05:06:52,800
Well, I know James said she wanted, or Brian said.

3667
05:06:53,100 --> 05:06:53,800
Does he?

3668
05:06:53,860 --> 05:06:54,740
Brian asked the question.

3669
05:06:54,800 --> 05:06:57,300
Or Brian asked the question of whether this was an effect.

3670
05:06:57,300 --> 05:06:58,220
He did the emergency.

3671
05:06:58,220 --> 05:07:04,320
We're getting the implication that it's really not an emergency as court defines it.

3672
05:07:04,320 --> 05:07:05,700
That's as the court finds it.

3673
05:07:05,700 --> 05:07:10,700
It was not my intent to modify that date, but I get the impression that people would like to have a modified.

3674
05:07:11,760 --> 05:07:14,620
So if that's the case, that's fine also.

3675
05:07:14,720 --> 05:07:23,040
I think the same three month window would be fine, which takes it to what was the May 30 date.

3676
05:07:23,040 --> 05:07:28,220
We would be looking at if we if we did, you know, three months we would be looking at May

3677
05:07:31,120 --> 05:07:36,460
29th. Okay. Friday, May 29th. Yeah, that's right. That's that's that's another change.

3678
05:07:36,840 --> 05:07:42,780
Thank you for finding that. We'll have found that. Brian helped me understand it. And I'd be

3679
05:07:42,780 --> 05:07:47,020
find to make that change as well. So it lines up with the date we talked about for the fine.

3680
05:07:47,020 --> 05:07:54,740
Yeah, so if it isn't done in through months the staff has the authority to go ahead and impose the order

3681
05:07:55,320 --> 05:08:02,580
As if for the fine and also for the the work that would be there and right away in the field that would be

3682
05:08:02,580 --> 05:08:07,120
Without coming back to the home one eventually. Okay, then I need to add something to the original

3683
05:08:07,120 --> 05:08:12,980
I think you have it and I also have a follow up. I'm just gonna look at suggestion but I think that's make

3684
05:08:12,980 --> 05:08:15,120
for the motion I needed that date change.

3685
05:08:15,940 --> 05:08:17,740
Okay, Brian, you had Mr. Mayor.

3686
05:08:17,740 --> 05:08:17,800
Mr. Mayor.

3687
05:08:19,440 --> 05:08:22,160
Just to clarify, then, because my interest is making sure

3688
05:08:22,160 --> 05:08:24,120
that it gets fixed before next year,

3689
05:08:24,340 --> 05:08:29,540
to clarify that there wouldn't be a way to fix it

3690
05:08:29,540 --> 05:08:31,400
and reduce any remaining risk for this year anyway,

3691
05:08:31,640 --> 05:08:34,100
and that May is fine for next year.

3692
05:08:34,500 --> 05:08:36,600
That that leads to 2020-21.

3693
05:08:37,440 --> 05:08:37,620
2019.

3694
05:08:38,460 --> 05:08:38,520
2020.

3695
05:08:39,540 --> 05:08:40,240
May 2019.

3696
05:08:40,300 --> 05:08:42,520
Yeah, in between that period for the emergency

3697
05:08:42,520 --> 05:08:47,520
repairs that that works if it comes back to to awesome we have to do that work.

3698
05:08:49,400 --> 05:08:57,840
Should and I feel like you're going to have to have another like we have a through I think G in here by ordered that.

3699
05:08:58,120 --> 05:09:03,560
You're going to have to have another you know big paragraph describing what you want to do right now.

3700
05:09:04,360 --> 05:09:05,500
Well we just explained it.

3701
05:09:06,660 --> 05:09:07,940
I'm sorry, I'm sorry.

3702
05:09:08,000 --> 05:09:09,900
Now, possible, we'll be able to clarify that.

3703
05:09:10,060 --> 05:09:13,640
We can modify the language to apply, I just want to make sure

3704
05:09:13,640 --> 05:09:17,320
that we are pushing all of the dates then.

3705
05:09:18,040 --> 05:09:24,820
The May 29 would be for the emergency repairs or the stabilization

3706
05:09:24,820 --> 05:09:27,760
of the site, if we're not calling them emergency repairs.

3707
05:09:28,780 --> 05:09:31,420
The stabilization plan for the more long-term fix.

3708
05:09:31,900 --> 05:09:32,400
Correct.

3709
05:09:32,840 --> 05:09:33,880
Is that what we're talking about?

3710
05:09:34,360 --> 05:09:35,260
Well, we're talking.

3711
05:09:35,360 --> 05:09:41,200
That's not done to the staff's approval by the 29th and the imposition of fines and whatever

3712
05:09:41,200 --> 05:09:43,660
other staffs we have to take to get the work done at that point.

3713
05:09:43,780 --> 05:09:44,460
That's true.

3714
05:09:44,700 --> 05:09:44,800
Okay.

3715
05:09:45,460 --> 05:09:55,020
If I may speak, it may be cleaner instead of trying to massage the current order to include

3716
05:09:55,020 --> 05:09:59,760
all these additional things is just adopt the order and suspend.

3717
05:10:00,000 --> 05:10:06,560
It's implementation for the three months, the 90 days, and if it's not done, then the order becomes effective.

3718
05:10:07,500 --> 05:10:11,540
Then you're not having to change anything in the order itself.

3719
05:10:11,720 --> 05:10:12,900
I like that.

3720
05:10:12,900 --> 05:10:14,700
Actually, that makes sense.

3721
05:10:14,700 --> 05:10:16,880
We would just still need to modify the dates.

3722
05:10:17,940 --> 05:10:24,780
Yeah, but there's John is saying there may be some other things within the order that would be out of sync,

3723
05:10:25,080 --> 05:10:26,700
so they suspension sounds.

3724
05:10:26,820 --> 05:10:27,340
Okay.

3725
05:10:27,340 --> 05:10:28,080
it makes sense.

3726
05:10:29,940 --> 05:10:40,360
So now your motion would be to adopt the order and hold it in a game for three months.

3727
05:10:41,460 --> 05:10:43,700
I would offer that substitute motion.

3728
05:10:44,800 --> 05:10:45,860
Should I second it?

3729
05:10:45,860 --> 05:10:46,380
Yes.

3730
05:10:46,500 --> 05:10:47,340
I'll second it.

3731
05:10:48,260 --> 05:10:49,380
Thank you for that.

3732
05:10:49,380 --> 05:10:52,680
I think that's what we did, but it makes our attorney feel better.

3733
05:10:52,680 --> 05:10:54,320
I'm happy to do a substitute motion.

3734
05:10:56,400 --> 05:10:58,560
That's a good solution to you.

3735
05:10:59,380 --> 05:11:07,800
Yeah, because then doesn't have to come back here and we've committed to give the property owner

3736
05:11:07,800 --> 05:11:08,300
chance.

3737
05:11:08,940 --> 05:11:13,460
He's committed to do that and we'll see what happens.

3738
05:11:14,520 --> 05:11:15,540
Call the roll please.

3739
05:11:17,300 --> 05:11:24,840
This was a motion articulated by our executive officer, moved by

3740
05:11:24,840 --> 05:11:32,060
Vice President Dolan, seconded by Tim Ramirez, call the roll please.

3741
05:11:32,500 --> 05:11:37,680
Board Member Johnson, Board Member Ramirez, Board Member Countryman,

3742
05:11:38,560 --> 05:11:45,060
Board Member McConnell, Vice President Dolan, President Edgar, yes,

3743
05:11:47,630 --> 05:11:48,810
thank you,

3744
05:11:53,210 --> 05:11:56,550
okay we're

3745
05:11:56,550 --> 05:11:59,390
to tell where we appreciate your patients.

3746
05:12:01,430 --> 05:12:07,650
We're now moving back to our item 12.

3747
05:12:08,990 --> 05:12:13,290
We have our regular reports that we normally have

3748
05:12:13,290 --> 05:12:16,570
or there are any questions on any reports that are

3749
05:12:16,770 --> 05:12:18,250
talked about in item 12.

3750
05:12:18,290 --> 05:12:21,670
The administration operations plan implementation

3751
05:12:22,110 --> 05:12:24,710
or environmental services and land management.

3752
05:12:24,710 --> 05:12:27,970
Lastly, do you have any comments you want to make on those?

3753
05:12:28,390 --> 05:12:30,010
Okay. Any more board members?

3754
05:12:31,070 --> 05:12:35,930
Okay. Item 13 were on board comments and committee updates,

3755
05:12:37,210 --> 05:12:38,450
Clyde, Jane?

3756
05:12:39,390 --> 05:12:41,210
I'm not going to dare to lengthen this meeting.

3757
05:12:44,110 --> 05:12:44,710
Joe?

3758
05:12:45,650 --> 05:12:45,810
No.

3759
05:12:46,830 --> 05:12:46,970
Tim.

3760
05:12:47,910 --> 05:12:48,850
And Brian.

3761
05:12:52,150 --> 05:12:56,690
Item 14, let's do, do you have any specific dates you want to

3762
05:12:56,690 --> 05:13:05,570
I do yet. There are no dates on there just to remind everyone that we have canceled the March

3763
05:13:05,570 --> 05:13:11,150
and April workshops. So please remove those holds that you had on your calendars for both

3764
05:13:11,150 --> 05:13:26,670
of those. Our next regularly scheduled meeting is March 27th. I have gotten a message from our

3765
05:13:26,670 --> 05:13:34,670
town meeting and is unable to make that if Mr. President, we don't have reappointments at that

3766
05:13:34,670 --> 05:13:40,050
date. We will not have a quorum at that point. So I will be sending out a message after

3767
05:13:40,050 --> 05:13:45,510
Sunday. If I don't hear anything from the Governor's office about whether that meeting

3768
05:13:45,510 --> 05:13:50,810
perhaps will be canceled as well. But for now it's on the agenda. It's on the calendar.

3769
05:13:50,810 --> 05:13:53,270
I am not going to be here for that meeting.

3770
05:13:53,510 --> 05:13:57,210
I've been called to a director's convening down in Los Angeles.

3771
05:13:57,750 --> 05:14:02,010
So, my gripe will be sitting in for me for that meeting as well.

3772
05:14:03,130 --> 05:14:04,450
I have a question concerning.

3773
05:14:05,250 --> 05:14:11,070
My understanding is, at least with my status, and I think the other two members is, after

3774
05:14:11,070 --> 05:14:15,610
this meeting, we're no longer authorized to represent the board.

3775
05:14:17,170 --> 05:14:27,070
Sunday, Sunday is the last date and I have an indication that there is perhaps still a decision coming by Sunday, which is why I don't know yet.

3776
05:14:27,390 --> 05:14:32,970
But if it didn't for some reason, we really couldn't need to represent the floor.

3777
05:14:33,490 --> 05:14:40,490
Your terms will expire. You're in your holdover status now and your terms will expire on Sunday, if not reappointed.

3778
05:14:40,490 --> 05:14:48,630
Okay. Thank you. Yeah, and we would barely have a quorum left at that point and that's why

3779
05:14:48,630 --> 05:14:53,890
Brian's absence from that one meeting would mean we don't have a quorum. And that just applies

3780
05:14:53,890 --> 05:14:59,990
to board members, Ramirez, McDonald and John, and, uh, uh, countrymen. Okay.

3781
05:15:00,000 --> 05:15:11,480
Okay, members, thank you for your patience today, is a long hard meeting. I appreciate it. I am 15, is adjournment and without objection, this meeting is adjourned.