[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:03] Good morning. And welcome to Santa Clara Valley Water District Board of Directors Meeting. Tuesday, December 13, 2022.
[0:14] Important notices and participation instruction, Santa Clara Valley Water District, Valley Water Board of Directors Board Committee meetings are held as a hybrid meetings conducted in person, as well as by telecommunication, and is compliant with the provisions of the Ralph M. Ronack.
[0:30] To maximize public safety, while still maintaining transparency in the public access, members of the public have an option to participate by teleconference slash video conference or attend in person.
[0:43] To observe and participate in the meeting by teleconference video conference, please see the link located at the top of the agenda.
[0:50] If attending in person, you're required to comply with the ordinance 22-3.
[0:54] And ordinance of the Santa Clara Valley Water District Specifying Rules of Decorum for Participation in Board and Committee Meetings located at our website as indicated.
[1:06] So, good morning, everybody.
[1:08] The notice of the public.
[1:10] The Board of Directors meets in close session in accordance with the Ralph M. Brown Act.
[1:14] Following the conclusion of the close session, discussion, the Board will return for the remaining items on the regular meeting agenda.
[1:22] Before we get into that, do we have any public comments?
[1:25] At this point?
[1:29] I'd like to share I do not, but I do need to take a roll.
[1:31] Wow, that's a good idea.
[1:34] A little mad in a procedural.
[1:37] Okay, please do.
[1:38] Director Bell.
[1:41] Director Eisenberg.
[1:43] President.
[1:44] Director Estimera.
[1:46] Director Shua.
[1:47] Director Keegan.
[1:49] Director Santos.
[1:50] Chair Verella.
[1:51] Here.
[1:51] We have all members present.
[1:53] Great.
[1:53] You know that we've done that. There are two items on the close session agenda.
[1:59] Item pursuant code section four five four nine five six nine D one.
[2:03] Stop to take a damn project coalition in Santa Clara Valley Water District.
[2:07] Item two point two.
[2:09] Pursuant to government code section five four nine five six nine D one.
[2:13] San Francisco.
[2:14] Bakekeeper for Santa Clara Valley Water to Santa Clara County Super Superior Court.
[2:18] Case number two two C V four zero three five two three.
[2:22] Any comments from the board before we adjourn to closed session?
[2:27] Okay, we will be returning here at one PM for a regular session.
[2:31] We are adjourned to close session.
[8:09] That you get a kick out of that.
[8:37] Wonderful.
[8:50] Thank you.
[8:56] Better coming from you.
[8:59] Why? It just, it just is. You know, you don't, you don't why?
[9:45] It's morning and by director Esfamera's son.
[9:52] I know, how exciting is that.
[12:25] Good afternoon, ladies and gentlemen. Members of the board. Welcome back. We'll come in at a close session.
[12:33] Mr. Council, do we have anything to report?
[12:36] Thank you chair, President. Item is 2.1 and 2.2. The board met in close session with all directors present and no report will action was taken on either item. Thank you.
[12:45] Thank you.
[12:47] Next item on the agenda is the Pledge of Allegiance.
[12:51] Director Eisenberg, which are pleased
[12:53] leaders in the Pledge of Allegiance.
[12:55] The flag flag is right here.
[13:11] That's just this law.
[13:19] Orders of the day.
[13:22] I don't think we have anything to change as at this point.
[13:27] Time for public comment.
[13:30] Anybody who wishes to speak on any item that's not on today's agenda,
[13:33] please bring your speaker card to the clerk of the board for
[13:37] And the next item on the agenda will be we're going to have a bit of a delay until everyone is present on the administration and it's ceremonial oath of office.
[13:47] But before that, I would like to welcome directors Jim Bell representing district four and director Rebecca Eisenfield representing district seven.
[14:02] We welcome them as our new board members, we're excited to have them with us, new energy, new direction, new ideas.
[14:11] So join me in a round of applause to welcome our new board members.
[14:20] Director Bell, I know you're a man of few words, so would you like to say something?
[14:28] Director Eisenberg, would you like to say something?
[14:32] I want to say thank you to everyone and the community is so important to all seven of us.
[14:38] So, speaker, I hope next time people talk at public comment because we want to hear what you have to say.
[14:45] Very good.
[14:47] We have any members of the public that would like to offer a comment.
[14:55] Thank you, Mr. Chair. I have no hands raised and no speaker cards at this time.
[14:59] Okay.
[15:00] So our next is our ceremonial what do you want us to do?
[15:05] Okay, direct us.
[15:07] Thank you. We have a special guest with us today.
[15:13] We let you in.
[15:15] And I will let Director Estomeran give a great introduction to our guest.
[15:21] We are honored.
[15:23] Well, my pleasure. I'm honored to introduce to you my son, the Honorable Mikhail Estomeran.
[15:29] I'm going to swear this afternoon, so I'll go down and take the oath.
[15:37] Can we go down with you?
[15:40] I guess each one who's going to...
[15:42] Yeah.
[15:43] Absolutely.
[15:45] Do you want us all down?
[15:46] One at a time?
[15:50] Okay?
[15:55] Okay.
[16:06] Right here.
[16:22] Test.
[16:23] There you go.
[16:24] All right.
[16:35] Let's go land up over here.
[16:39] We
[16:42] don't usually have a judge of sort and sense or that's why. Trying to figure it out.
[16:48] Thank you for the invitation. May I have you raise your right hand.
[16:52] Yes sir.
[16:53] I Antonio Tony Estromerra.
[16:56] I Antonio Tony Estromerra.
[16:58] Do solemnly swear or firm.
[17:00] Do solemnly swear and affirm that I will support and defend.
[17:04] that I will support and defend the Constitution of the United States and the Constitution of the State of California.
[17:12] The Constitution of the United States and the Constitution of the State of California.
[17:16] Against all enemies foreign and domestic.
[17:18] Against all enemies foreign and domestic.
[17:20] That I will bear true faith and allegiance that I will bear true faith and allegiance.
[17:27] To the Constitution of the United States and the Constitution of the State of California.
[17:31] to the Constitution of the United States and the Constitution of the State of California.
[17:35] Then I take this obligation freely that I take this obligation freely without any mental reservation or purpose of evasion.
[17:43] Without any mental reservation or purpose of evasion.
[17:46] And I will well and faithfully.
[17:48] And that I will well and faithfully.
[17:50] This charge the duties upon which I am about to enter.
[17:53] This charge the duties upon which I am about to enter.
[17:57] Congratulations.
[17:58] Thank you.
[18:06] I'll just take a minute to say a few quick words, so I've introduced my son also my wife
[18:14] who's here in Yelanda and I invited him and of course my wife because I want to
[18:22] you know that public service is very important to me. It runs in my family. My son was the
[18:34] the Fender for number years. My wife was a public health nurse for number years. She served in
[18:42] any elected position as a trustee of San Jose Evergreen community college district. And so
[18:48] where family that's devoted to public service. And this is probably my last term and so I wanted
[18:59] to be shown in by my son, and many of you might know that in the old days, the county in Santa Clara, the Board of Supervisors and the county building was the old county building where the district attorney now has his offices, that used to be the county administration building, and up on the top floor was the county.
[19:29] uh... cafeteria
[19:31] where
[19:31] my
[19:45] father
[19:52] was the bus boy
[20:02] This is how far we've come.
[20:07] And I remember
[20:11] the comedian, the Russian comedian guy, when you say, what a country, what a country. So thank all of you for sharing with us today, especially for me and my family.
[20:30] Think, do
[20:42] you want to do the earth together?
[20:44] Oh, we could do it.
[20:45] You're going to take off.
[20:46] Sure.
[20:47] Thank you, do that.
[20:47] All right.
[20:48] Then we'll do the names individually.
[20:52] Yep.
[20:52] That's why.
[20:53] And then repeat the old.
[20:55] And then we'll repeat the earth together.
[21:06] So we'll do the names separately and then we'll do the earth together.
[21:10] So I'll begin with you.
[21:12] I, Rebecca Eisenberg.
[21:14] I, Rebecca Eisenberg.
[21:15] Hi, Jim Bell.
[21:16] Hi, Jim Bell.
[21:17] I, John Brella, I, John L, Burella, do solemnly swear or affirm that I will support and defend the Constitution of the United States and the Constitution of the State of California.
[21:35] The Constitution of the United States and the Constitution of California.
[21:40] against all enemies, foreign and domestic, against all enemies, foreign and domestic, that I will
[21:47] bear true faith and allegiance to the Constitution of the United States and the Constitution
[21:56] of the State of California, and the Constitution of the State of California.
[22:02] Then I take this obligation freely, without any mental reservation or
[22:09] purpose of evasion.
[22:15] And then I will well and faithfully discharge the duties upon which I am about to enter.
[22:27] Thank you, congratulations.
[22:29] Thank you, gentlemen.
[22:31] Thank you.
[22:33] Thank you so much.
[22:39] Thank you.
[22:40] All right.
[22:41] I'll take just a brief momentous acknowledge.
[22:45] The ceremonial process that we've just
[22:48] I've completed here.
[22:50] This is my seventh sworn in process.
[22:53] started in the city of Morgan Hill being elected to the city council and then
[22:58] mayor and to where I am today. So this will be my 12th year of public service
[23:03] all told and it's an amazing opportunity to be a servant of the people, to be in
[23:11] front of you, providing you with the needs and services that you require.
[23:21] And from
[23:21] as a board, there are three tenants, water supply, protect the environment and flood protection.
[23:31] So those three things are so important, but when you look at water, also look at food,
[23:36] which we are involved in that as well through agriculture.
[23:39] In California feeds not only the state of California, but it feeds the world, and I am
[23:45] so honored and so privileged to be a part of the agriculture community statewide on all
[23:51] boards and committees that I represent and serve so thank you for the honor and the opportunity
[23:57] to represent you.
[23:59] Thank you.
[24:07] I too want to express my gratitude to this group, to the community, you know, to the voters,
[24:14] and I can't begin to tell you how much this means to me and I too am trying to cry and seeing the father
[24:20] in science, the situation, what we just thought, to me is everything.
[24:26] You know, public service is about you.
[24:29] The opportunity to serve you, to help you, starting with the most silenced, starting
[24:35] with the most vulnerable and the most underserved, is a blessing to be able to fill that
[24:41] role.
[24:42] And this morning, I was a little late in part because I was crying thinking about my grandmother,
[24:47] and what a role model she was for me, and you know, she two faced problems having to end school at age after eighth grade so work in the factory, you know at age 13 in Milwaukee, and that's
[25:00] The story of immigration is the story for so many of us. She worked alongside the African Americans who had come up because of the great migration to find work in Milwaukee.
[25:10] And that is a world we cherish, is a world of people working with each other, not at age 13. But you know, a world where everyone has the opportunity to contribute, where everyone is treated with respect.
[25:25] And I've dreamed of having that opportunity and I especially wanted to have that opportunity
[25:32] amongst people with heart, with heart.
[25:36] And I believe I now have that opportunity because it is so clear to me that my colleagues
[25:43] have heart and we are going to use that heart in order to always work in the best interests
[25:49] of the community.
[25:50] And I think we ask you to participate, we ask you to speak your mind, let us know if we want to work together.
[26:00] So thank you so much for giving me this chance.
[26:03] I'm so honored and so proud.
[26:12] First I'd like to introduce my wife Pat and my grandson Jack right here.
[26:24] And this is my 41st year of elected office, and I'd appreciate the judge because I knew
[26:35] your parents before you were born,
[26:41] right?
[26:43] So to me, it's an honor to be here, and it's an honor to be selected by the people of the
[26:53] and all the staff to make us do all the beautiful things we want to do here, and that's my basic goal.
[27:01] We want to create this environment where we're being creative, we're excited about doing all the things we want to do,
[27:10] and enjoy ourselves as we do it.
[27:13] So those are my calling signs that I always have.
[27:17] And I invite the public to help us and participate in all the joyful work that we're going to be doing here.
[27:25] So thank you very much everybody.
[27:28] Appreciate it.
[27:33] All right, let's get to work everybody.
[27:36] Give us a
[28:26] few minutes to everybody get seated.
[28:36] Okay, thank you everybody.
[28:38] Appreciate the kind words.
[28:41] We're going to move on to the agenda.
[28:43] First item on the agenda, item 2.8, I'll re-throw it, adopt a resolution authorizing the execution
[28:52] and delivery of water infrastructure, finance and innovation act, wifya, installment purchase
[28:59] agreements, wifya master agreement, wifya loan agreements, and wifya term sheets and certain
[29:04] other documents, with respect to the water utility authorizing certain acts and connection,
[29:10] therewith to attain with the loans of up to $2,500,000 in parentheses, $2,500,000 for certain
[29:22] water utility and enterprise projects. There are two action items. This will be a roll call vote.
[29:29] Do we have any public speakers on this item at this point?
[29:34] Thank you, Mr. Chair. I do have a member of the public on Zoom that has raised her hand. Would you like to take the public comment now?
[29:42] Yeah, let's do that.
[29:43] Okay.
[29:43] Catch our urban.
[29:45] I have a second one after the survey.
[29:48] Okay.
[29:49] Catch you.
[29:52] Get your hearers.
[29:56] Hello.
[29:57] Can you hear me?
[29:57] Yes, we can.
[29:59] Bye.
[30:00] Aye, congratulations to all the new board members.
[30:07] I want to, I'm I'm with the Sierra Cunlomer free at a chapter, and this with the alone will be a massive need debt for the district and to be carefully considered.
[30:20] Specifically, now is not the time to enter into Olympia, Master of Rement, Barrow, almost
[30:25] 1.5 billion for them to take a reservoir project.
[30:30] The Sierra Club is concerned about the impacts of the particular reservoir project on
[30:34] valley waters capital improvement program, budget, and water rates.
[30:39] We see the project slamming down the work on other water supply projects, such as recycled
[30:43] water and retrofitting existing dams due to the lack of funding and staff resources.
[30:52] The Oligwater needs to seriously consider whether or not to move forward with this project
[30:57] during an upcoming capital improvement program five year plan update process.
[31:03] A comprehensive update on the status of the particular reservoir was due to the water storage
[31:09] for a Tory committee in November, but did not take place. Certainly in the board should not go
[31:14] forward with this agreement until you have an in-depth discussion about the project risks
[31:18] and benefits compared to other waters to fly and reservoir storage projects. For example,
[31:25] resources now go to Picheka, Picheka, Picheka, Picheka, Picheka, Picheka, Picheka, Picheka,
[31:30] Picheka, Picheka, Picheka, Picheka, Picheka, Picheka, Picheka, Picheka, Picheka, Picheka,
[31:39] and the project is still being feasible and cost effective and turning into funding that
[31:44] remains might make more sense.
[31:46] However, given the current state of the project, it is best not to be formed with this
[31:51] WIPI alone for potato reservoir.
[31:54] Thank you.
[31:55] Thank you, Mr. President.
[31:56] I appreciate your comments.
[31:57] Do we have another speaker?
[31:59] Yes.
[31:59] Thank you, Mr. Chair.
[32:00] I have two more Zoom hands raised and then I have a public card speaker card.
[32:05] Our next person on Zoom is Oshia Mazur.
[32:13] Good afternoon.
[32:14] More members.
[32:15] This is James Crowder.
[32:17] I'm an attorney at the Solarium Mazur.
[32:19] We represent the stop of Jacob Amco Listen, which is my group comprised of Marno
[32:26] groups, residents, and other concerns, others that are concerned about the Jacob Amco
[32:31] Project.
[32:32] Yesterday, we submitted a comment letter on this item, so that you all have a written
[32:40] I would first like to point out that although the forward data had a closed session regarding the lawsuit that the coalition has filed against valiant water regarding the chief of technical investigations.
[32:55] This lawsuit is not mentioned in the documents contained in the media materials for today.
[33:01] I think this is important because in order to obtain funding from the EPA, they request that you let them know about ongoing litigation in under scheduled 12th after the master agreement says that there's none.
[33:16] I would also like to note that the meeting material state that some of these loans would be issued under
[33:22] categorical exclusions from the national marginal policy act are just wayfully myelates me,
[33:29] but which are the peace meals project in separate phases, which the federal regulations do not allow.
[33:36] So therefore, no part of the ban should be excluded from me for review.
[33:40] There is also a large discrepancy between the project cost that has been provided to the public
[33:46] for the past 18 months or so, and the information contained in today's meeting materials.
[33:52] But for the checker ban, Bellywater is requesting roughly 1.235 billion dollars in order
[34:00] to fund that amount of money. It would cost closer to $3 billion dollars, and that would only
[34:07] fund 49% of the profit, therefore the cost. With financing included, appears to be closer to
[34:14] $4.5 billion, not the $2.5 billion that the public has been told recently.
[34:22] Given this intervention, we think there are other alternatives that could produce the
[34:27] $3600 acre foot of water per year that the feasibility reports in the EIR state to
[34:34] take a damn project would produce.
[34:36] And we request that to the Jacob Sam, be removed from the loan agreements entirely.
[34:43] This would allow less controversial projects.
[34:45] If Sam is in damn tired with free projects to proceed with with the funding,
[34:51] without being burdened by the uncertainty of the Jacob Sam project,
[34:55] thank you for your time and listening to my comments.
[34:58] Thank you, Mr. Croito, appreciate your comments.
[35:00] We have another speaker. Yes, thank you, Mr. Chair. Lawrence Abbott.
[35:05] Lawrence Abbott?
[35:09] Hi, thank you. My name is Lawrence and I'm an old retired wildlife biologist and ecologist. This lived in the
[35:18] Bay Area in my whole life and spends a lot of time out there. The all the local classes take
[35:27] students out to that area because of its unique and desert-like habitat. That's really great for studying rare plants and rare owls.
[35:40] So, I'm very familiar with that area and I just want to say that I think it's a very, very costly mistake if you, you know, go this route.
[35:52] This is a time-and-down where dams are coming down throughout the state and for good reason,
[36:00] when
[36:01] dams gore, you know, loses so much water to evaporation, especially in an area that is very
[36:07] desert-like, it actually has a lot of desert plants and desert animals.
[36:12] It gives you the feeling that you have plenty of water when the reservoirs are full, then all
[36:18] reservoirs go empty at the same time and you don't have water. So building
[36:23] extra reservoirs doesn't help when you need water, it's exactly when you
[36:27] don't have water. So that alone is probably the most important reason not to do
[36:33] this, but also the sense of nature of that area. It's a critically important
[36:40] environmental area and of course you'll see that in the environmental review and
[36:47] and all the lawsuits that will be happening.
[36:51] Also, the price tag is definitely rocks.
[36:53] Definitely going to be over four and a half billion
[36:55] for reasons you've just heard.
[36:57] It's descriptive and ignores climate impacts.
[37:01] Again, we're destroyed over 1,500 acres of
[37:04] sensitive natural communities, including greenhouse gas.
[37:09] Contribute to increasing greenhouse gases,
[37:12] emissions and only provide a small amount of water
[37:15] for the valiant water customers in any given year and of course only in those years when water is
[37:22] already abundant. So thank you so much for listening and I can have a feeling that I think
[37:29] your minds are already made up at this point. I know you guys always listen to public comments
[37:33] right at the end before you're going to vote and don't really tend to consider them, but please do
[37:38] because this is going to cost a lot of money and be able a lot of wasted money. Thanks so much
[37:44] Thank you, Mr. Abbott.
[37:48] We have another.
[37:50] Thank you, Mr. Chair.
[37:51] Ms. Molly Colton.
[37:52] Ms. Colton.
[37:56] I thank you.
[37:57] Good afternoon, Board members.
[37:59] My name is Molly Colton, and I'm speaking on behalf of Sierra Club, California.
[38:04] We are the legislative and regulatory branch of the Sierra Club in California.
[38:08] Sierra Club and other conservation groups opposed the Pacheco Reservoir Expansion Project.
[38:13] And we urge this project to be a move from the WIFIA loan program and violent water's investment portfolio entirely.
[38:21] The drug environmental impact report states that approximately of 5,600 acres and 28,000 acres of designated critical habitat
[38:29] or within the project's study area as well as the assessment area.
[38:34] The environmental impact of this project will be much greater than any supposed environmental benefits to fish
[38:40] on Pacheco Creek as well as rather wildlife refuges in San Joaquin Valley.
[38:45] The project was opened the loss of hundreds of acres of oak and sick and more forests
[38:49] and acres of red care and habitat as well as threatened federally protected species such as
[38:55] golden eagles. This project will introduce four water quality in the Central Valley water
[39:00] project into Pacheco Creek, the Pajaro River and the Monari Bay, which will likely harm water
[39:06] quality and therefore fish and other water-offended species in these ecosystems.
[39:11] Further, the cost of this project is outrageous and will only continue to get more expensive
[39:15] what's time.
[39:17] Valley Waters continued to assert that the project would only cost $2.5 billion.
[39:21] However, this figure that is out future financing costs.
[39:25] The real cost of this project is likely already more than $4.5 billion.
[39:29] This money would be much better spent on other local and regional projects that Valley Waters
[39:34] already doing such as water purification, water efficiency and recycling. Thank you for listening
[39:39] to these concerns and congrats to the new board members who look forward to working with you on these
[39:44] issues. Thank you, Ms. Colton. I appreciate your comments. Do we have any other virtual?
[39:50] Thank you, Mr. Chair. I have no other hands raised in zip. Okay, we have two speakers in house.
[39:56] First speaker is Meg Gibson.
[40:04] Good afternoon, board members. My name is Meg Giverson. Thank you for the opportunity to comment. I would urge that the Pecheca Reservoir Project be removed from your consideration, because the capacity, the cost, the end dollars and the cost to the environment and the climate do not cancel out. Those things would require that a person who looks at this project would say, no, no, no, no, let's look elsewhere.
[40:32] And the reasons are that, first of all, the surface water storage, such as reservoirs behind dams,
[40:40] are more expensive than groundwater storage.
[40:44] And the Santa Clara Valley Water District figures also show that.
[40:47] And who pays for these expensive projects?
[40:50] Well, 90% of the dollars in California for water utility projects come from the public, from the ratepayers.
[40:57] And unfortunately, that's especially hard on the one-third of the California rate pairs
[41:02] who are low-income.
[41:04] So please consider that when you're looking at these expensive projects.
[41:07] Excuse me, projects.
[41:09] Groundwater storage, as I mentioned, is more extensive and it's more extensive because
[41:17] it's eight times more of it for a new groundwater storage than there would be for new
[41:23] storage behind, storage behind dams. So Stanford, those are Stanford statistics, excuse me, I'm
[41:32] getting ahead of myself. So we have the cost of the storage, we have the fact that there's
[41:36] much more groundwater storage than there is behind dams. Additionally, as another speaker has already
[41:43] said, there is a huge problem with the evaporation. Surface storage in California loses about
[41:50] two million acre-feet a year, and that's almost a third of what California urban people use.
[41:57] That's a huge amount, building another yet another evaporative surface does not make sense.
[42:04] Further, the Pecheco Dam will be generating its own harmful algal blooms, which are toxic.
[42:10] It will also be taking algal bloom water from San Luis Reservoir.
[42:16] The carbon footprint is a similarly bad problem, GHG, greenhouse gases are known to be associated
[42:26] with the reservoirs because reservoirs generate methane, which is the worst of the gases.
[42:33] It doesn't make sense.
[42:34] The carbon footprint would be really bad for our climate.
[42:37] These state water resources board pointed out in 2013 that we now have an unparalleled
[42:43] opportunity in California to move aggressively toward a more sustainable water
[42:48] future. A strongly encouraged local and regional water agencies, and I would point out
[42:54] this is one of those, towards a sustainable water future. We are looking for sustainable
[43:01] water that will be clean, abundant, and local. This is achieved the state board said
[43:09] Through water recycling, water conservation in the use of storm water, which are job proof for liable and minimize our carbon footprint, and could be sustained over the long term, and I would add my plea to theirs.
[43:21] Thank you very much.
[43:22] Thank you, Ms. Caberson, for your comments.
[43:24] Ms. Vimi's Redberg.
[43:27] Good for not to die correctly.
[43:30] Thank you.
[43:31] Good for not.
[43:31] Okay.
[43:36] Hello.
[43:38] Thank you so much for the time for public comments.
[43:40] Good afternoon, Chair and Directors, especially New Sworn and Directors.
[43:46] My name is Mimi Spredri, my pronouns are she, her.
[43:49] I'm a member of Orchard City Indivisible Environmental Justice, as well as a colleague of
[43:54] divestile Acon Valley, which is a local and digitally led organization.
[43:59] The Pacheco Dam is too controversial and would put too big of a burden on county constituents.
[44:05] The money needs to be spent on other important projects, such as for the Lexington Dam, for
[44:12] example, I was an evacuee of the San Jose floods in 2018, and that has not been fully resolved.
[44:19] I now live in San Jose District 4, but this is still a danger to downtown San Jose.
[44:24] Not to mention the indigenous lands of the Amalutesan, which would be impacted.
[44:29] There are better and more sustainable ways to preserve water, less expensive as well in this time of great drought in California.
[44:38] And I am because of climate crisis, I'm truly afraid for our younger generations.
[44:42] And that's a big prerogative for us.
[44:45] I think I'm a little younger than most of you here on the board.
[44:49] But we need to think ahead for sustainability for our children and our grandchildren and the generations to come.
[44:56] Thank you so much for allowing public to comment, have a great
[45:00] Thank you, Mr. Speaker for your comments. So, that's the last of our public speakers at this particular time. So, we have a presentation, Darren Taylor, you're in charge.
[45:13] Good afternoon, Chair for Tim, for Farella and the members of the board. My name is Charlene Sun of the Treasury and Data Manager for Belly Water.
[45:20] And in the front here, we have our panel financing the financing team that's being involved in this project for the last year.
[45:27] We have Mr. Doug Brown, our Bond Council from Strabbling, Mr. Edson from Public Resources Advisory Group.
[45:36] Mr. Brian Hopper, who's our district council from District Council's office in CFO, Daren Taylor.
[45:42] We have a brief presentation. If the police is the board, we can proceed with the presentation.
[45:49] So
[45:56] staff will be going over our recommendations, the financing schedule and in the general description of the with your loan program and the master credit agreement key terms and the assumptions and legal covenants related to this program.
[46:13] The staff recommendation is for the board to approve up to $2.5 billion of the water utility master credit agreement to fund the water utility projects that are currently entertained.
[46:32] In terms of the financing schedule, we are here today December 13 for the board to consider this item.
[46:38] We actually, just five minutes ago, received the credit rating from Fitch for this particular
[46:46] with yellow and Fitch did assign us with a double A plus credit ratings. We are very pleased
[46:52] with that rating. If the board approves the item today, we would expect to be able to close
[46:59] on this master agreement by the end of January. So generally, the with yellow program is very flexible.
[47:08] It's administered by the United States Environmental Protection Agency.
[47:13] It will fund up to 49 percent of the project costs.
[47:18] The mass-requetted agreements describes the terms and conditions under which the loan will be drawn
[47:27] in the terms and conditions under which interest will occur.
[47:30] and interest will not accrue to any of this loan until we actually do a draw-down.
[47:38] And for projects such as Pacheco, where perhaps the board still needs a little bit of time to make deliberations,
[47:46] of staff would have no plans to draw on that loan, and therefore no interest will accrue to the Pacheco portion of the with the loan.
[47:54] The lone repayment is very flexible and staff has negotiated with the EPA to allow us to defer interest and principle so that we can push out all that payment a little bit farther down the road to help smooth out our long-term rate projection without this mechanism our long-term rate projection would be materially impacted.
[48:19] The interest rate will be locked at the time of each loan execution.
[48:25] And right now, we're contemplating loan number one and loan number two to be funding
[48:32] planning and design costs only.
[48:35] And as of last week, that loan rate is right now 3.68%.
[48:39] It could change by the time we get to January and it could increase over time if we delay
[48:46] this particular financing. And this slide outlined some of the key terms.
[48:55] So right now, staff has negotiated for the loan to be available for us to draw down any time
[49:02] over the next eight years, over ten loans, up to ten loans.
[49:11] So, you know,
[49:17] right so think of this as a line of credit you set it up you draw on it if you need to but if you
[49:23] don't need to no one is forcing you to draw on it and therefore if you don't draw on it then there's no
[49:28] obligations created the with your loan is set up to be a subordinate lean so but if there is ever a
[49:39] an event of default we would spring to senior lean there is no pre-payment penalty there are additional
[49:46] Covenants, for example, the 1.25,
[49:51] rate covenant, and 1.1 times for a subordinate rate covenant.
[49:54] There are various reporting requirements and remedies.
[50:00] Our highlight in this table here. One thing that is a little bit different about with your loan is there is a concept of a development default. So that if the borrower does not achieve substantial completion within 24 months of the state of substantial completion, then it could be
[50:29] completion date would be the date that we have provided them with our final plans and steps prior to construction.
[50:38] So that would be the deliverable. As long as we are able to provide that deliverable then we will not be in development default.
[50:49] So some of the details of the longs are outlined here. So as I mentioned, low number one is set up for Anderson planning and design costs.
[50:59] right now it's budget at 73.9 million closing date, closing date is end of January 1st
[51:07] interest is December of 2029. 1st principle is June of 2049. Final principle is June of 2059
[51:15] and you can really see how we're able to push this out and the objective is to achieve this kind of
[51:21] debt service profile where over the very long term we're trying to achieve a level debt service
[51:27] over the very long term by pushing out all of that with your debt to the back end of this curve.
[51:34] Now, again, if the board ultimately decides not to continue any particular projects,
[51:38] we would not be drawing on that loan, and therefore this kind of like projection would decrease
[51:44] course one in length.
[51:48] So in terms of the legal structure, I mentioned that there is a rate
[51:54] which is outlined here, and this is what we call a flow funds to show you where the water utility rates and charges and water utility system revenues has to be utilized in accordance with our water utility master agreements.
[52:12] So in conclusion, we want to emphasize that staff's recommendation is for the board to approve the master credit agreement.
[52:20] we believe that it's to our benefits. It does not obligate the board to make any decisions about
[52:28] any projects at this time, whether it's Pacheco or Anderson. It does not limit the board's ability to make
[52:36] determinations later on in the project development process. In terms of the good faith estimate
[52:42] and mentioned that as of last week, the current interest rate is at 3.68% and this would generate a
[52:50] but over $2 billion in proceeds and total debt service payment over that very long period of
[52:55] time is 4.78 million.
[52:58] And this is a structure that will allow us to save up to $889 million over the life of
[53:04] the loan compared to other financing mechanisms.
[53:07] I did have a brief conversation with the EPA this morning and inquired about what if the
[53:16] board approves the master credit agreement today and what if later on the board decides not to continue with a project.
[53:24] Sorry, let me just flip back to that page.
[53:28] And based on that discussion, the EPA said that they would, you know, they would be willing to work with us to provide some kind of substitution
[53:37] if that were the case, because they don't want to be in the position of not being able to
[53:46] to help us finance our projects either.
[53:50] So they understand that there is some controversy with Pachekos specifically, and they're willing to work with us on that.
[53:57] By approving the master agreement today, it's really just setting the ceiling and setting up the financing mechanism
[54:03] that will allow the board to make the decision on the project leader on.
[54:08] And it will also help us set up the fiscal year 24 rate setting process by enabling us to
[54:17] embed those assumptions. Current rate projection as soon as possible.
[54:20] I'm going to interrupt you for a minute. We have a question from Board Member Rebecca.
[54:23] I'm sorry. I've done. Rebecca, I have I think you chair. I have questions
[54:30] comments later. But this is just a clarification question. What exactly did you say the size
[54:36] of our interest payments? That would be due because I thought you said million just right now,
[54:41] but I thought I had read billion. Okay. So the debt proceeds that would be generated from this package
[54:48] is a little bit over $2 billion. And total payment over time is $4.78 billion billion.
[54:59] Okay,
[55:00] Okay, thank you. Continue. That's it? Yes.
[55:04] Okay. Thank you. Any questions from the Board? Do you come out?
[55:10] Dr. Bell?
[55:16] Yes.
[55:19] The dollar amount for the loan is based on what criteria.
[55:27] Where did you come up with that number?
[55:30] So, the dollar amount of the loan is based on 49% of total eligible project costs for
[55:36] a Patechekle, Anderson, and the percolation dam.
[55:40] Okay, so then you have it broken up into 10 pieces.
[55:44] 10 loans, 1 through 10.
[55:47] Not necessarily, so the way the loan will work as it's structured right now is there is a
[55:54] planning a design loan right now that the EPA can enter into, but in the future when we get
[56:01] to the construction, if the board approves the project for construction, then we have the
[56:06] opportunity then to take that construction loan over time. Instead of getting one giant construction
[56:11] loan, we have the option to break it up over time to meet then business needs, maybe there
[56:19] will be interest rate considerations. So it's an option that we have. We don't have to
[56:23] exercise all 10 or 10 dollars a month doesn't change. We'll have that dollar amount. It doesn't go
[56:30] bigger every year. Correct. It's locked in right now. The EPA's appropriation or funding allocation to
[56:38] value water is $2 billion. There's no ups. There's no going up. Okay, so in terms of this financing
[56:47] based on what you just said, the value of projects that are completed earlier is to
[56:58] are advantage to complete the projects earlier because you've got a fixed dollar amount
[57:03] that doesn't respond to inflation where a construction cost will go up a certain percent
[57:11] every year, is that correct? Over time, over ten years, construction cost index goes up
[57:20] and then your dollar amount that you got on this loan is at fixed amount.
[57:25] Certainly, that's generally the case, right?
[57:27] Okay, so then the advantage of getting projects that you can build, say in the next three or four or five years,
[57:40] using this vehicle is that the value of the projects you get better value for your money
[57:48] than say some projects that are going to take 10-15 years. Is that correct?
[57:57] I want to invite someone maybe see a full tailored to respond to that question.
[58:05] You, you off mic?
[58:09] So the advantage is to build projects faster, as what I'm saying.
[58:14] It's better to use this to build projects faster and using the whip alone process.
[58:20] Dr. Bell, that is true in general. One of the things to consider is the size of the projects.
[58:26] The biggest projects in front of Valley Water today are Pacheco, Anderson, and the Purified Water Program.
[58:32] There are other projects that pale in comparison to the size.
[58:35] So, that's another consideration when you think about overall value of moving forward or
[58:40] or 10-year project versus a three-year project.
[58:41] So, if we put a package of projects that told the same amount of money that the whip alone
[58:50] allows us to do with that fixed amount of money, if we put a package of projects as you
[59:05] would be to our advantage financially in projects that would take a longer period of time for the same amount of money in my correct?
[59:14] In theory, that's true.
[59:15] Okay, so I think that that's something to look at during the capital improvement budget workshop,
[59:22] and I'd like to refer to the capital project workshop to determine which projects we can complete faster due to the fact
[59:32] this would be a cost saving to the taxpayers by using and it would be the most advantage
[59:39] to us to complete projects that we can complete faster for the same amount of money.
[59:45] I'm not talking about particular projects, but I know we have a long list of projects.
[59:52] One of the things I found out is the Valley Water has a long list of projects folks, and
[59:58] And I think we have to figure out.
[1:00:00] How we can get bang for a buck here financially in building the projects that we can complete fast and and that's something to look at.
[1:00:13] I like to have that referred to the, I don't need to deal with it now, but I think it's something to analyze between now and January 10th of capital improvement workshop.
[1:00:24] Mr. Chairman, is that the schedule I'm I'm I'm I'm correct right so I think we ought
[1:00:29] to study that because I think financially it would be to our branch to to find projects
[1:00:37] we can expedite and complete faster the other the only other question I have is what's
[1:00:43] source of money can be used to pay back the loan can it could be used money from other governmental
[1:00:50] entities, local governments, state governments, regional governments to use money from any source
[1:00:55] to pay back the loans, or we restricted on what money we can use to pay these loans back.
[1:01:03] So, generally, the loan is secured by our water utility rating charges, however, to the extent
[1:01:10] that we have lined up partners who want to contribute to the project, they would certainly be
[1:01:16] be allocated their fair share of the debt service payments.
[1:01:20] So we get our people all over the state using these, this means correct, I think I'm
[1:01:27] correct, right?
[1:01:29] So what it be the advantage of the state to piggyback and try to do something to expedite
[1:01:36] financing and California for all the water projects to piggyback and have the state help
[1:01:42] local governments like the water district to complete as many California projects as possible.
[1:01:50] Now I can't help but folks I have to think like a state senator,
[1:01:56] this is just my first
[1:01:57] meeting so I'm thinking like a state senator financing projects in California and I think
[1:02:02] California needs to expedite and maximize its return on its dollar because we never get our fair
[1:02:09] from the federal government, and we ought to use every means we can to get our fair share of the dollars coming back to California, and specifically coming back to the Santa Clara Valley Water District in my opinion.
[1:02:24] So is that using the state looking at the state, can we understand that the state could help find the debt service on these loans?
[1:02:38] The state through the the whistle program proposition one has provided valley water with a little bit over
[1:02:47] $500 million in maximum eligibility for that grant that is available to fund the project cost.
[1:02:56] Okay, so can we have that issue looked at I'm going to bring it up again when it comes to the legislative program by the way.
[1:03:05] morning folks. But can we have that issue brought up again at the budget capital budget
[1:03:13] workshop as well and how we can maximize the state matching our big projects. I think
[1:03:22] the big projects, hopefully are the ones the state can match or if you want to put
[1:03:29] another way, they got to become one thing I know about the budget, I think the status
[1:03:35] and put enough money into water projects. I'll just say that flat out. They have to put
[1:03:42] up their monitor for sure. We got President Biden come through with this one and all the
[1:03:50] federal program, but we need the state to come through with a water project program this
[1:03:59] I mean, that's my opinion, so if that could come back again at January workshop, I don't think
[1:04:09] we're going to solve all the problems in January, by the way, I think we need concepts
[1:04:13] here.
[1:04:14] So we keep working, we've got to keep working on these things over time, so do you have any
[1:04:18] comments on that?
[1:04:20] The state of the state expressed interest in helping us other than the $500 million allocation
[1:04:35] Go ahead.
[1:04:36] Through the chair.
[1:04:37] Director Bell.
[1:04:38] The short answer is yes.
[1:04:39] In fact, we have Bart Brume, who in the audience have taken here who can speak more
[1:04:44] to that.
[1:04:44] But the short answer is yes.
[1:04:45] In fact, the state legislative team, that's one of their biggest priorities is I think
[1:04:50] the board will see actually in a future agenda item later on down this agenda.
[1:04:54] But yes, we actively advocate with the governor's office as you know with the state senate,
[1:04:59] the state, the entire state legislature.
[1:05:00] Legislature to make sure that our projects and our portfolio is well positioned to receive every dime of state funding that we can qualify for.
[1:05:07] And we do have legislative meetings with our board with the elected in the state and also at the federal level twice a year.
[1:05:15] So we'll have that opportunity to address our elected locally to raise those questions that you have.
[1:05:19] you're going to be involved in that yourself.
[1:05:23] Yes, sir's an aqua.
[1:05:24] No, that's the board of director.
[1:05:26] But aqua has its own negotiating agency as well.
[1:05:29] So, you know, we were multi-tasked with all that.
[1:05:31] Did you have any other comments?
[1:05:32] I'm done.
[1:05:33] OK.
[1:05:34] Director Kagan.
[1:05:38] Thank you.
[1:05:41] So, I have a couple of questions.
[1:05:44] And in some ways, they relate to director Bell's comments.
[1:05:49] My first is a question how and when we have two projects included in this application, and clearly, you know, Anderson is pretty straightforward.
[1:05:59] It's our number one priority.
[1:06:02] We're even in the middle of construction of one of the projects.
[1:06:07] So it makes sense that it was included.
[1:06:10] But how, what projects were considered, and when did the board check in with,
[1:06:17] It being Anderson and Pacheco.
[1:06:25] Anderson is pretty clear.
[1:06:28] With Pacheco, given it's the biggest project in front of us, and what in the past
[1:06:33] we've heard from the full board is it's the number two priority for the full board.
[1:06:37] And given the size of it, that's the reason why we looked at it.
[1:06:40] We did look at other projects.
[1:06:41] We looked at, for example, purified water.
[1:06:44] In fact, we do have plans to pursue wiffy alone for the purified water program.
[1:06:49] But we need to advance the project further until such that we would be ready to submit a
[1:06:57] yellow eye.
[1:06:57] There's a whole process that goes into place and seeking a WIFI alone.
[1:07:02] Those two projects were the projects that were ready, where we could involve the federal
[1:07:08] compliance aspects of it, into the contracts that were put in together for these two projects.
[1:07:16] looked at Rinkanata, just wasn't a project that was, it was already in construction, low
[1:07:21] dollar amounts at the time, relative to these two projects.
[1:07:23] So when you think about vang for the buck and where the boards, priorities were in terms
[1:07:27] of number one priority, Anderson number two, Pateco, that was why staff did what we did.
[1:07:33] I guess I would just suggest that I think it would have been a good idea to have check
[1:07:37] back in with the board because I don't think there was a unanimity of support for Pateco.
[1:07:43] So I personally was neutral, you know, I was willing to proceed with the environmental analysis
[1:07:48] and see where that led, but I always had some questions about it and I don't think
[1:07:54] I'm the only of the past board members that felt that way and certainly we have new board
[1:07:59] members coming in who may have a difference of opinion.
[1:08:03] I think it was maybe premature to decide not to include purified water because pretty consistently
[1:08:13] that's what I hear from the community as being their highest priority. They're very interested in recycled water and
[1:08:22] being able to treat
[1:08:26] waste water to drinking water standards. So
[1:08:29] maybe we could have had a little bit of a reality check. I would like to follow up though on
[1:08:34] Director Bell's comments, which is looking at a portfolio
[1:08:37] of projects that can be delivered more quickly
[1:08:40] is advantageous. I mean, we see even under normal conditions, the escalation costs for projects
[1:08:47] and right now, we see in our own bids, right, that there's a lot more volatility and we
[1:08:56] continue to pay higher and higher prices for projects.
[1:09:03] So, that's kind of my thought process.
[1:09:08] I did think could we apply for a part of it, you know, right now, can we, like, for example,
[1:09:17] if we were all in agreement that we wanted to pursue this for Anderson, could we just move
[1:09:22] forward with that component of it while taking a look at what other projects might be considered,
[1:09:28] something that could be delivered shorter term, something that might include purified water,
[1:09:33] or could we enter into an agreement and this last part is probably not, but where we have
[1:09:39] identified some of the projects, or we've identified Anderson, but had more loosely defined
[1:09:46] what the other funds could be for. And then lastly, when I was reading through this, I didn't
[1:09:55] really click until I'm a son, made the presentation and the whole...
[1:10:00] The issue of the development defaults problem. If we had an issue during construction or a claim or a contractor he defaulted, I think we're running a little bit of a risk there that I'm not used to on these kinds of projects and maybe that's just a lack of familiarity on my part.
[1:10:21] But I do think particularly for projects where we may have permitting issues, we could be finished with the design and I'm sorry with the design and ready to go to construction but we could have a lot of issues if somehow we aren't able to get the permits in time or if there are changes in permit requirements or things of that nature.
[1:10:46] So, to summarize, my thoughts, I agree with the idea of looking at other, more achievable
[1:10:56] projects in the near term to bring forward, and my higher priority, if we're just looking
[1:11:01] at the big projects, would be purified water, rather than Pachaco, given the fact that I don't
[1:11:09] think we know what to do with Pachaco at this time.
[1:11:13] I'm not, you know, hammering a nail in the coffin, but I also see that there's some issues
[1:11:21] and challenges associated with the library of that.
[1:11:24] So I'll leave it at that for now.
[1:11:26] Thank you, Director Kiki, can you do it, Chrysler?
[1:11:30] Thank you so much.
[1:11:32] First I want to thank the staff.
[1:11:33] I know that my legal nerd background actually is in secured loans.
[1:11:40] My dad has retired bankruptcy judge and my professor in mentor in law schools Elizabeth Warren,
[1:11:45] who really made her career start of her career with secured loans.
[1:11:49] And this is a secured loan.
[1:11:50] A secured loan is any loan as many people know
[1:11:53] that is backed by supported by collateral.
[1:11:56] And in the water, just given some legal background
[1:11:59] to general public for water projects,
[1:12:02] often what's unusual about these secured loans
[1:12:06] is that they're actually secured on many of them.
[1:12:09] Not just on the assets, the value of the assets
[1:12:12] that we're building, but actually on the projected
[1:12:14] revenues. So if it turns out that a project we're building ends out not having any revenues,
[1:12:25] it is in that I looked at the loan agreements, it's very similar to other loan agreements.
[1:12:31] I've drafted and negotiated. We could actually have our loan pulled and fully accelerated,
[1:12:37] meaning our loan is completely pulled and we owe all two billion immediately if we've taken out two
[1:12:44] billion because of the events of default, which includes the collateral not being as valuable
[1:12:51] as what we have stated, and collateral again needs future revenues.
[1:12:56] So we risk if it turns out we don't have these revenues from this dam and the reservoir,
[1:13:03] we risk having to pay two billion dollars immediately.
[1:13:07] So I think that is a huge risk that from a legal and risk perspective that I think we need
[1:13:13] consider, you know, additionally, I mean, I always focus on risk. That's really what lawyers do, right?
[1:13:20] And I mean, first I want to state everyone knows I'm opposed to this damn for social justice reasons, right?
[1:13:24] So you all know that my bias, I'm going to put it out there. I'm opposed to the damn, because I don't want
[1:13:29] the Amulet to try hurt and I don't want our environment hurt. And if impossible to do the damn without doing
[1:13:35] those two things. So I'm opposed to it, but here I'm just talking about financial terms, financial terms
[1:13:41] that would come to pass with a project I support, like water recycling.
[1:13:45] So anyway, so I believe we face significant risk
[1:13:48] due to this uncertain collateral, collateral that
[1:13:52] really truly hasn't yet been determined because we had a plan
[1:13:56] for a dam.
[1:13:58] We were told it was unfeasible.
[1:14:00] So truly, I think we're at the same stage
[1:14:02] with this dam project that we are with water recycling.
[1:14:05] We're no further ahead because with both projects,
[1:14:09] we don't even have a plan.
[1:14:10] So I think it's a little bit inaccurate to say that we're ahead in any way, but I want to talk about the risks of the loan.
[1:14:18] Also, I asked the question about, did we disclose the litigation?
[1:14:23] Because when I looked at the application, I didn't see it.
[1:14:26] Now I'm aware that they're probably aware of the litigation, but that is not how the legal process works.
[1:14:34] It could be considered a material misrepresentation that we don't include the litigation front
[1:14:43] in center.
[1:14:44] Now, I recognize that the legal costs of litigation may not be that high relatively speaking,
[1:14:51] low legal costs for this organization is like a million dollars, but that doesn't matter.
[1:15:00] It is, we are experiencing costs as Ms. Richardson explained the other day. We are experiencing costs due to delay.
[1:15:08] So, what I understand that the filing of this lawsuit has increased our cost by anywhere between $10 and $200 million.
[1:15:16] And that is a significant risk that we have, additionally, truly the only way to settle this lawsuit.
[1:15:24] And I'm not talking anything that's in the private session.
[1:15:27] This is stuff I said during my campaign.
[1:15:29] So you know, this is all based on my reading
[1:15:31] of publicly available documents, not saying anything.
[1:15:36] That's not public.
[1:15:37] My assessment of it is that really can't make this law
[1:15:39] to go away without giving up the damn.
[1:15:41] So in the private sector, we call it a bet the company case.
[1:15:45] So for sure, bet the company case.
[1:15:47] These are the front and center.
[1:15:49] Now why am I concerned that this application
[1:15:52] didn't have front and center of material risk. Well first because we could be considered unethical
[1:15:59] and unprincipled and I don't even want to risk the appearance of that. Even though it might
[1:16:05] be strictly legal, not to include it, I think we need to always err on the side of high integrity.
[1:16:11] So also because it puts our relationship at risk with the EPA. As does having a project, the biggest
[1:16:21] project in this loan application. I think that what I'm trying to get at is I think there's a risk.
[1:16:25] This is premature. It's what I'm trying to get through. There's a risk to filing an application
[1:16:28] with a project that the new board hasn't been briefed on. I had a project that so many circumstances
[1:16:35] have changed. Everything like interest rates have climbed significantly since it was first agreed
[1:16:40] upon to a continuing problem with importing matters from overseas to the higher cost of labor,
[1:16:52] So, I think we really need to understand the full totality of the risk, and again, I just
[1:16:58] can never agree to us filing an application for a project we don't know for doing.
[1:17:02] It will have cost, and we want to be, we want to be a squeaky clean, always as we can be.
[1:17:09] So I hope you can refusence and then re-bring this back up to us.
[1:17:12] Maybe we will agree, but swapping project for project is never as easy as described.
[1:17:17] It has different collateral, it'll take a different due diligence process.
[1:17:22] So I hope we can be brief fully before this is brought to us.
[1:17:26] Thank you.
[1:17:28] Thank you, Director Director, I swear.
[1:17:34] Thank you.
[1:17:34] Thank you, Mr. Chairman.
[1:17:36] Just tell me a quick comment, you know, these.
[1:17:41] I would say that, well, I'd say positively more than a majority of our projects into generational
[1:17:48] projects.
[1:17:49] They generally go from one board to the next and sometimes one board to five boards later
[1:17:55] Having been on here so many boards later. I can assure you that that's the case
[1:18:00] More than half of the projects in our CIP none of us here will ever see even though we'll still do them, but we won't see them
[1:18:10] It's all intergenerational. So that's what we're talking about and generally every year
[1:18:15] We go through this trying to figure out how we're going to finance our projects and again
[1:18:20] Finance our CIP and our CIP again. It's intergenerational
[1:18:26] Most of it is all planned
[1:18:28] Some of it is designed half of it is only proposed and
[1:18:35] Imagine and so
[1:18:38] We still have to do the real thing which is to figure out how to pay for things and this is the way that we pay for them
[1:18:45] you know, with borrow money. This is a simple credit line issue. And, you know, I'll read from the memo just for the record, says to the extent that any future board actions result in reduction in the wiffier loans, the deaf service payment schedules would be proposed to be adjusted in a corresponding manner. We don't borrow it, we don't pay for it.
[1:19:10] That valuable water would not draw on any of these loans for the construction of any projects and to laugh to the board has approved the construction projects for these projects.
[1:19:22] So, you know, we are making a proposal to get us a credit line.
[1:19:28] When we're ready to spend it, we get it, and then we decide how we're going to pay pay for it.
[1:19:35] That's the nature of the business.
[1:19:39] sure every year we look at our in fact our CIP capital improvement plan is
[1:19:45] is on the agenda today so every year we look at you know what our projects are
[1:19:52] what we're doing with our projects they're always there so we do that
[1:20:00] We look at our projects every year. We figure out whether we should add more and subtract them, give some up, move some over and so on and out of pay for them.
[1:20:09] So that's a process that goes on pretty often more than once, but we do it through our CIP.
[1:20:18] And we would respect the Pacheco, you know, I agree, my position on Pacheco has pretty clear
[1:20:26] I've expressed it many times.
[1:20:29] We don't have all the answers, and until we do, we can't make a final decision.
[1:20:34] So what's the prudent thing to do?
[1:20:36] I say the prudent thing is to continue to investigate, to look at it until we get to a point.
[1:20:42] What we know exactly what is going to cost, what we know what the challenges are, what
[1:20:46] we know where the real benefits and the determinants are, and then we make a decision, that's
[1:20:50] not going to be done by this board. It's an intergenerational project. It's going to be done
[1:20:55] by another board, because that's how long it's going to take. But does that mean that because
[1:21:00] all of our projects take a long time that we stop now? Then we never get anything done. If you look
[1:21:07] at all, again, half of the projects that we have, they're necessary, they're required. But
[1:21:12] some of them will not be done because at the end we decided that they cost too much, they
[1:21:17] didn't make any sense, they weren't necessary, they're not required, we shouldn't do
[1:21:21] them.
[1:21:23] So that's the way Pacheco is to me.
[1:21:26] We're not at a point where we can make a decision but we need to be prudent to preserve a future
[1:21:31] boards, ability to take advantage of an opportunity.
[1:21:34] If it is an opportunity, and if it isn't, to kill it then.
[1:21:37] And so I don't see the problem of the risk in approving a proposal to get a credit line that we won't use until we want to use it.
[1:21:51] It's a simple example.
[1:21:53] So I'm ready to make a motion to adopt the recommendation of staff whenever we were through without discussions.
[1:22:05] I've got a motion and a second to continue on the discussion.
[1:22:09] Thank you, Director Estomerra.
[1:22:11] Director Schwer.
[1:22:15] Thank you, Chair.
[1:22:17] I think my comment is similar to Director Estomerra's comment,
[1:22:22] but then I think it's important.
[1:22:25] I will either read maybe in different words,
[1:22:28] but it means the same.
[1:22:29] In my mind, I'm seeing this item that's that brought to us
[1:22:35] as a financing mechanism.
[1:22:36] This is not a project decision question that's in front of the sport and to be very clear that the board did make a decision.
[1:22:51] We found Anderson Damway actually awarded part of the Constitution contract with detailed plans and specifications.
[1:23:00] But then for Pachekor as a war, it's still being studied.
[1:23:05] This board has not made a decision on the project yet.
[1:23:10] And there's going to be many analysis coming before this board.
[1:23:14] You know, therefore, this board to make a decision on the project.
[1:23:18] And I agree with the Director Bill.
[1:23:19] I don't think on January 10th,
[1:23:22] even though we asked them to bring a detailing more in detail information.
[1:23:25] for Chaco, probably the sports bill will need more information to make, so just to be clear
[1:23:32] that the support has not made a decision to proceed with Chaco Reservoir project.
[1:23:39] And this item in front of us is not the item for us to make a decision on Chaco Reservoir.
[1:23:45] If we do that, it's pretty much going to be based on our gut feeling, it's not based on
[1:23:50] science and engineering environmental analysis and those are the analysis that we need in order to do that.
[1:23:59] So I see this very simply as a mechanism, just like staff indicated that quite a line.
[1:24:07] And by the time, if we actually decide to withdraw money for a particular reservoir,
[1:24:14] I think Ms. Sun has stated earlier that there will be the board
[1:24:20] designed to award a construction contract with approved plants and specifications.
[1:24:27] That's way down the road.
[1:24:31] And it's that kind of an action that will drive us to start with drawing money from this law.
[1:24:39] So, as of now, I see this is a cheap, not cheap as a bad word.
[1:24:47] Low interest rate, low interest rate money for us compared to go to the market and borrowing money.
[1:24:58] So, I...
[1:25:00] I applaud staff's initiative and then all this technical work, and together with the support of our consultant.
[1:25:11] So I will support this item and if you'd like to ask your model, make the motion I would like to ask in that.
[1:25:21] We did have a second.
[1:25:22] Okay, Ben, I'm sorry.
[1:25:24] We have a couple more board members that have the testimony.
[1:25:27] So thank you, Director Schwerier, for that Director's Santos.
[1:25:38] We're still learning.
[1:25:43] Good. Yeah, thank you, Mr. Chair, appreciate it.
[1:25:45] Yeah, when I looked at this, I wasn't just looking at Pacheco.
[1:25:48] I was looking at this opportunity to make sure we had reliable water supply.
[1:25:52] We got ours when we want to make sure the other generations had the same opportunity.
[1:25:56] This is an opportunity for credit.
[1:25:58] And the question I have learned, this is prevent us from also example being partnerships with what it be lost by carols or other places, or is it just because of projects we have by ourselves, is it limit us?
[1:26:14] There's no limitation here in terms of the board's participation in other projects like those for carols.
[1:26:20] What's before the board today is simply putting in place a financing mechanism.
[1:26:24] I just want to know the province.
[1:26:26] And for Bacheco and Anderson, and potentially even a substitution project in the future,
[1:26:31] it's a great loan.
[1:26:32] I have to say it's a low cost loan.
[1:26:35] Very flexible terms.
[1:26:37] It's a good thing.
[1:26:39] Yeah, and that's my point.
[1:26:41] Like, share of it just commenting on it.
[1:26:43] Yes, it doesn't prevent us from partnerships, which is John and I have talked about
[1:26:47] and other board members.
[1:26:49] This idea is to, the opportunity is now.
[1:26:51] I don't want to lose this opportunity with low interest rates.
[1:26:53] because we don't know the next president or whoever may be, things could change.
[1:26:58] So when you have that opportunity, you embrace it and do it.
[1:27:01] We all got homes, we've been through this.
[1:27:03] So it's the same situation.
[1:27:05] So as I second that I will be supporting this.
[1:27:08] Thank you, Directors.
[1:27:10] Something so.
[1:27:11] I have two more speakers, and then I want to wrap up this discussion,
[1:27:15] because we've been a little bit over an hour on this one agenda item.
[1:27:17] We've got a whole agenda in front of us.
[1:27:20] So Director Bell,
[1:27:21] And then director Eisenberg, you'll have the last word on this and then we're going to take the vote.
[1:27:28] I think it's that long one is Anderson only and then probably long two and three will be Anderson projects.
[1:27:41] And we're not going to get into any other projects for quite a bit of time. Is that correct?
[1:27:50] Am I looking at that? Am I thinking correctly?
[1:27:53] So we want to use this really to expedite the Anderson project.
[1:27:59] That's the primary reason I would support this.
[1:28:03] My other thought is that the motion with the understanding,
[1:28:08] I don't know, asked to make her the motion,
[1:28:10] that we would have a discussion at the CIP study session on the projects
[1:28:19] that could maximize the value of this loan process and projects that we can expedite.
[1:28:29] I sort of have a lot of questions about what about, you know, I'm always a fix it first kind of guy.
[1:28:38] You know, you don't, you don't let
[1:28:42] under maintain facilities catch up with you because then they end up costing more money.
[1:28:49] So I don't know what lists of those kinds are modernizations of the treatment plants, other kinds of things like that.
[1:28:59] Do I develop, I might interject for you?
[1:29:02] Yeah, I would like to have that understand.
[1:29:04] Sure, there's no need to amend the motion at all.
[1:29:07] What you could do is do a board member request for your discussion.
[1:29:13] That's a procedure.
[1:29:14] I want to know if everybody feels about that.
[1:29:16] Yeah, we all support.
[1:29:20] I'm glad we respond as a member of the member that made the motion and also, of course,
[1:29:26] as a member of the CIP committee, that's what is on the agenda is exactly what you're
[1:29:32] saying.
[1:29:33] Is a review of the projects that's what the CIP is about.
[1:29:36] And then we have our reports on the status of the projects that's so on, and then recommendations
[1:29:42] of what to do with them, and that's when we talk about what goes forward right away, what
[1:29:48] goes in two years, what goes in three and so on. So, you're absolutely right. We need to
[1:29:53] do that, and we're doing that. It's something that's what is on the agenda.
[1:29:58] Thank you, Director.
[1:30:00] You have the last word, but right now we have a majority in support of this. So please make your comments brief as possible at this point.
[1:30:10] Thank you chair. I think a missing piece here. So having this legal knowledge about commercial loans means that I actually read the whole packet. I read all the agreements.
[1:30:20] And I'm close to certain that I read that we are legally required only to apply for loans for projects that we agree we are going to do.
[1:30:34] We cannot apply for a loan for a project that we have not agreed that we have not agreed we're going to do that would violate our agreement out of the gate.
[1:30:44] So all of us, well, right now you know my opinion, I'm opposed to the damn, but everyone else has said they still need to think about it.
[1:30:54] We just publicly knowledge that we're in violation of these terms.
[1:30:58] So I want to state for the record because I'm a member of the bar that I do not want to violate the terms of this agreement out of the gate.
[1:31:06] And let me tell you why it makes sense that we need to be committed to a project before applying for a loan about it.
[1:31:13] I know it seems nice to keep our options open.
[1:31:16] But the EPA, who would be the funder of this loan, is a greatly under-resourced organization.
[1:31:24] If every single water district and other public entity just applied for loans to keep their options open,
[1:31:31] The EPA would be spending all of their time at a huge taxpayer expense, reviewing loans
[1:31:39] for to let public agencies keep their options open.
[1:31:44] I think we are legally prohibited from applying for this loan, given that the board is not in agreement yet,
[1:31:52] if ever, that we're going to do this, and that troubles me, and that's new information.
[1:31:57] Additionally, I totally get that loans are how we funded everything in the past, but thanks
[1:32:04] to President Biden, who signed into, you know, signed into law, the very recent inflation
[1:32:11] reduction act, and thanks to our Governor Gavin Newsom, who on August 10 announced his water
[1:32:18] policy, what we have is we have the promise of both federal and state funds in the form
[1:32:26] grants. Now that's because our grants are gifts of money that don't cost any interest. So while
[1:32:33] a $2.5 billion loan may over all cost our community $7.5 or $8 billion. A $2.5 billion
[1:32:43] grant cost the community nothing. So we're talking about an $8 billion next to difference between
[1:32:50] grants and alone for the same amount of money. I think if we want to keep our options open,
[1:32:57] we need to quickly urgently look into what projects grants are available for. I can promise you
[1:33:04] grants are not available for dams because grants are only available for sustainable projects
[1:33:09] and dams are known in a grid upon universally to be anti-sustainable, not just non-sustainable,
[1:33:16] But harmful, dams will never receive grants, but recycling and water treatment and so many other things on a list will.
[1:33:26] So here we are asked to whether we should actually agree to apply for a loan to receive funding, you know, a loan that based on a project that we are not in agreement yet that we want to do, which in my interpretation puts us into breach.
[1:33:44] In the context of a loan application that I believe is in breach, because it lacks the true assessment of our risk.
[1:33:53] And in order to obtain a project that will never, grants will never be available for, and that will cost our taxpayers even at today's rates,
[1:34:01] three times the amount, and actually what's the difference between zero and eight billion,
[1:34:07] and monumentally more than a project that we can do for free.
[1:34:12] I think it's unethical for us to approve this now.
[1:34:16] I'm really putting that out there.
[1:34:18] And I think it's lawyers disagree.
[1:34:22] I believe our inter-to-consult said this is fine.
[1:34:26] I have different, in my background with commercial loans,
[1:34:29] and my dad, the bankruptcy judge, I believe differently.
[1:34:34] And I believe that if there's even a risk that will be called that this application could be considered in
[1:34:41] Breach because we publicly acknowledge we haven't yet approved this.
[1:34:46] Do we really want another scandal?
[1:34:47] I think we need to wait.
[1:34:49] And obviously I'm going to vote no on this.
[1:34:51] I would vote an alternate.
[1:34:53] Can I make an alternate motion?
[1:34:55] And I mean, I'm moved that we found a group.
[1:35:00] A phone application that does not include Pachaco, but that includes the other projects. And that we consider
[1:35:09] the Pachaco loan at a later date. Does anyone second that?
[1:35:16] Okay, there are no fails for that.
[1:35:18] So, would you finish with your comment? Thank you. Thank you. Okay. So, Darren, would you respond to
[1:35:27] comments that were made in reference to the questions that were asked?
[1:35:34] I can respond to the legal questions, but in terms of the proposal to approve Anderson
[1:35:41] and other projects, there's a whole process that it takes to go through with the EPA to propose
[1:35:47] a project for which the EPA will loan us money. And so if we want to propose other projects,
[1:35:53] there's a process that we would have to submit a letter of interest. It takes months to prepare
[1:35:59] that.
[1:36:03] Okay, thank you very much, Director. Thank you for your comment. So we have a motion on the
[1:36:07] floor and I'm going to call for the vote. It's a roll call vote.
[1:36:18] Well, there's okay. We have
[1:36:20] a motion and we have a substitute motion and we have a first in a second. So I'm going to take
[1:36:25] direction from the board. Where do you want to go from here board?
[1:36:31] Okay, then the subsequent motion
[1:36:32] will commence.
[1:36:36] So I'm going to take a roll call on the second motion. Director Bell,
[1:36:42] Director Eisenberg,
[1:36:46] Director Estimera?
[1:36:47] No.
[1:36:48] Director Shua?
[1:36:49] No.
[1:36:50] Director Keegan?
[1:36:51] Director Santos?
[1:36:53] Chair Varrell?
[1:36:54] No.
[1:36:54] Motion fails?
[1:36:59] Okay, now the motion on the original?
[1:37:00] Okay.
[1:37:01] Now I will take a roll call on the original motion which is to adopt staff's recommendations
[1:37:07] A and B.
[1:37:08] Director Bell?
[1:37:10] Director Eisenberg?
[1:37:11] No.
[1:37:12] Director Estimera?
[1:37:13] All right.
[1:37:14] Dr. Shua? Yes. Dr. Keegan? Yes.
[1:37:18] Director Santos.
[1:37:19] Chair Verella? Yes. Motion passes.
[1:37:22] That motion passes. Thank you, Board.
[1:37:25] Good discussion.
[1:37:27] We're going to move on to the agenda item 2.9.
[1:37:31] This is a monthly drought emergency response in water supply update.
[1:37:36] And this is an information item only.
[1:37:38] Aaron Baker.
[1:37:41] Thank you, Chair Verella.
[1:37:41] Chief, in honor of board members, Mayor Baker, Chief Operating Officer of the Water
[1:37:46] Utility and Privacy. I'd like to introduce Assistant Officer Kirsten Strew to give a
[1:37:50] presentation if it pleases the board.
[1:37:54] Yeah, then. All right, Kirsten.
[1:37:56] Good afternoon. I'll be filling in today to get you out of the draft yet.
[1:38:01] Well, that's what I'll talk about. So, our recent rains, including this weekend rain,
[1:38:07] have been helpful and storage in our reservoirs increased from 15% to 19% over the last week.
[1:38:13] The snowpack in the Sierra has been improving and is currently above average for this time of year.
[1:38:20] But according to the US drought monitor, our county currently remains in severe drought with the eastern edge in extreme drought.
[1:38:27] And the same thing happened last year.
[1:38:28] We had some rains early in the wet season and then it was dry.
[1:38:33] And so we're preparing for another dry year.
[1:38:35] We would need above average local rainfall during the wet season and significant snowpack in the Sierra's to help us move out of drought.
[1:38:45] In October, our county was able to exceed valley waters conservation target with a savings of 16% compared to October 2019 and we very much appreciate our community's efforts to respond to the call and all our outreach efforts conservation programs and enforcement of water use restrictions have helped us achieve these savings and as you can see we've really shaped of the summer peak.
[1:39:10] We generally achieve higher savings than our state in most months in October. Our county
[1:39:15] continue to exceed our governance call by reducing 15% compared to 20 terrain. We actually
[1:39:22] got to 17% and we are also well above the state's cumulative savings at 13%.
[1:39:32] On December
[1:39:33] 1, DWR announced we received an initial allocation for 2023 from the state water project of 5%.
[1:39:40] They also announced they intend to work with agencies.
[1:39:43] We're requesting human health and safety supplies to confirm their allocation.
[1:39:47] And we have submitted an initial health and safety request and will work with DWR
[1:39:51] to refine the request as the winter unfolds.
[1:40:00] While you want to reduce groundwater recharge, starting in November due to a pipeline rehab project expected
[1:40:05] to last three months, this will not impact our annual total recharge, which is projected to be
[1:40:10] closed to normal by the end of this year. Groundwater levels have stabilized in much of the county.
[1:40:16] They are increasing in many areas due to recharge and water conservation by the community, but
[1:40:21] as the drug continues achieving the board's call is still very important.
[1:40:29] We are seeing landscape
[1:40:29] The rewrite participation waterways reports decreasing as we had into winter, which we would expect,
[1:40:35] but participation is still very high compared to previous years.
[1:40:43] We've had over 1,800 waterways complaints since our program was launched in June.
[1:40:49] We've received seven repeat complaints showing that most waterways is addressed at the first
[1:40:53] complaint.
[1:40:55] And our last water conservation demand management committee, we were asked where most of our waterways
[1:41:00] complaints are coming from and we looked into this and single family homes are the majority
[1:41:05] of cases.
[1:41:09] Oh, yes to saving water campaign continues on TV, radio, print, and online.
[1:41:14] And we are continuing our conservation campaigns during the winter months, unlike previous
[1:41:19] years where we typically don't continue conservation campaigns in the winter, staff launched
[1:41:23] a winter water conservation campaign promoting our animation series, which includes animations
[1:41:29] on gray water, the landscape, rebate, and dialing back on irrigation during winter months.
[1:41:34] In the same S2 saving water public service announcements involving local professional sports
[1:41:39] teams who are published on valley waters, social media channels, and with that, I'm
[1:41:43] open for any questions.
[1:41:45] Thank you very much, Kristen, and we have any public comment on this.
[1:41:50] Thank you, Mr. Chair. I have no public comment at this time.
[1:41:53] Okay, board members, I have a comment from the recreation book.
[1:42:00] Is that correct? You're rather right.
[1:42:02] Okay.
[1:42:04] First, thank you so much for doing this work.
[1:42:06] It's, you know, I recognize it takes a while.
[1:42:09] Can you show that that slide again that had the bar graphs?
[1:42:16] It was, you know, with the two, oh, I'm sorry, not a bar graph.
[1:42:19] A line graph, my dad.
[1:42:21] Okay.
[1:42:24] I'm trying to get there.
[1:42:25] Okay.
[1:42:26] We're good.
[1:42:27] That one?
[1:42:28] That one.
[1:42:30] Okay.
[1:42:31] So I'm a bit confused because so this is 19, 2019 and this is 2022.
[1:42:39] So this is showing just to make sure I understand the red is showing that.
[1:42:43] We are using that sweater now than we were before.
[1:42:48] So I remember watching a board meeting about this and this question was asked and I guess
[1:42:52] really, there's been, I think it's hard to answer, but I just want to put on the record that I think we need to answer this, like urgently, is I asked the question, how much of this change do we know is due to conservation versus how much of this change might be due to, you know,
[1:43:10] Um, engine people, nothing able to pay the water bills, how much of this change might be
[1:43:16] due to our growing rates of, you know, growing unhoused population, how much of this change
[1:43:21] might be due to, um, uh, businesses leaving the area, et cetera.
[1:43:27] Like we, we don't really know what's causing the reduction in water use.
[1:43:33] I was, what it was told, I was told last time or what the board and I assume that's the same
[1:43:37] now.
[1:43:38] So I guess I just want to put it out there that since I guess it's not in our retailer agreements that we need to do everything we can
[1:43:46] to really understand what is led to this reduction.
[1:43:52] And maybe it's just, maybe it is conservation as an indoor outdoor so that we can really be more focused in our policies to address the gaps.
[1:44:04] So, and if I, if I said something wrong, please correct that.
[1:44:07] Thank you.
[1:44:09] Thank you, Director of Summer.
[1:44:11] Excuse me.
[1:44:12] Director Keegan.
[1:44:14] Thank you.
[1:44:15] I should have asked this question at the water conservation and demand management, but I didn't
[1:44:20] and I apologize.
[1:44:23] You know, are we still aggressively preaching the water conservation philosophy as part of our
[1:44:32] education program?
[1:44:33] I know in the past, the neighborhood children were like really excited about saving water and actually
[1:44:39] were lecturing their parents on that.
[1:44:42] So I just think it would be, I'm seeing people nodding so clearly we are doing that.
[1:44:47] So maybe if we could just give a brief, a brief little blip about what we're doing and results
[1:44:54] for seeing.
[1:44:54] Miss Gibson.
[1:44:55] You'd like to respond.
[1:44:57] I think that's a blip.
[1:44:57] Okay, please.
[1:44:59] Yeah, so it's actually-
[1:45:00] In the drought report, as a specific header to have our water conservation education. And in November, we supported 66
[1:45:08] educators and 1,200 for students during 23 school presentations and three tours. We've also worked with the Youth Commission.
[1:45:18] And yeah, so we do detail our efforts related to education in the drought report. And if you'd like to see it highlighted more in the presentation, we can do that.
[1:45:30] That's fine, I just think we should take some credit for the fact that we're doing good work in that area and certainly children are amazing ambassadors for water conservation.
[1:45:42] I mean, it's really exciting to see that.
[1:45:44] So thank you.
[1:45:46] Director Smare.
[1:45:48] Thank you.
[1:45:50] Thank you.
[1:45:55] I want to respond to Director Eisenberg's question because,
[1:46:00] I know we can't get these kind of data from the from probably from our retailers and I but I'm just as interested she is
[1:46:11] When when we have our surveys, maybe we could add that as questions so when when's the next time we're going to have a we're going to do a survey
[1:46:20] Hey Firter Aaron
[1:46:27] Rachel
[1:46:29] Thanks
[1:46:30] Sorry
[1:46:34] through the chair director's fire. Yes, we do, as you mentioned, conduct polling on a
[1:46:39] pretty frequent basis to make sure that the messages that we're putting out in the community
[1:46:42] resonate with the people that we serve. So we're looking at doing the next one I think in
[1:46:47] another month-ish we want to try to get through a bulk of the rain of the winter rainy season first
[1:46:52] because obviously people are thinking about rain right now and we want to make sure that we're
[1:46:56] just in our messaging accordingly.
[1:46:58] So Kirsten did mention that we have adjusted that already
[1:47:01] in terms of the winner toolkit that's gone out
[1:47:03] and that we're sharing with all of our retailers and partners.
[1:47:06] And we'll be sure to include that additional question
[1:47:09] in the next one.
[1:47:10] The best way we can get it, because we can't do it through.
[1:47:13] I don't think we could do it through a retailers
[1:47:14] because they're there.
[1:47:17] Their data isn't really good enough, but if we ask people
[1:47:19] directly, we can find out a little bit better.
[1:47:22] I think because we can include it on our survey,
[1:47:25] We can start getting some answers.
[1:47:28] Great.
[1:47:30] Okay.
[1:47:31] There was information only.
[1:47:32] Anybody else to speak?
[1:47:33] We have no public.
[1:47:35] We have access.
[1:47:37] Excuse me.
[1:47:38] Yes.
[1:47:39] Thank you, Mr. Sherman.
[1:47:39] I take just a brief moment to kind of um,
[1:47:42] so I've heard here about how we do in the water supply and the drought and so on.
[1:47:47] And I want to take the time because Chief Baker and his staff is doing an extraordinary job.
[1:47:52] It's called the Bulletin, the office magazine of Santa Clara County Medical Association.
[1:47:58] It's going to be a raw work and that's...
[1:47:59] I was just taken back because it talks about climate change, drought, and that less is a flint.
[1:48:04] All kinds of articles and quotes here about Santa Clara Valley Water District, and then the water supply and recycling.
[1:48:10] But I want to take the time to make sure you and everyone else knows,
[1:48:14] mention some of the names of Kristen Strove, Dr. Samantha Green, Maddie Senake,
[1:48:20] There's so many others that contributed to this, and I read this stuff, and I was so proud
[1:48:25] because here it is, and I'm medical association, talking about what we're doing.
[1:48:29] So, to answer all the questions, and I'm on the last statement, committee, with nice
[1:48:32] you, director, and our last committee is Paramah.
[1:48:37] Education is coming continually.
[1:48:39] We go to schools.
[1:48:39] We do everything.
[1:48:41] I've just, last night, the virus activity.
[1:48:43] Again, talking about the citizen training.
[1:48:45] but we're sure it's a beer drop and people are, quote, thirsty for information.
[1:48:49] You're taking the opportunity for the last statement.
[1:48:52] They're doing it all. So we are really doing well and we've got to continue.
[1:48:56] This rain is, you know, temporary. And we know that. So to all our staff,
[1:49:01] Chief Baker, you're proof. Thank you. Thank you, Chair.
[1:49:04] Yeah. Okay. Moving forward. We're next on the consent calendar item 3.1 through 3.6.
[1:49:14] This is a roll call. I need a motion in a second. I have a motion in a second. This is a roll call any board
[1:49:21] Leave this at this point
[1:49:23] Okay, and no public comments. I have no public comment. Okay, take the vote, please. All right
[1:49:30] Director Val
[1:49:33] Director Eisenberg.
[1:49:37] Okay. I'll circle back. Director Estimara. All right. Director Shua. Yes, Director Keegan. Yeah, Director Santos
[1:49:45] Chevrolet.
[1:49:47] All right.
[1:49:47] Director Eisenberg, do you need?
[1:50:00] What are we discussing? Thank you. Okay, so we have a unanimous seat. Yeah, I miss that vote on that. Thank you. Thank you board members appreciate that. So moving
[1:50:15] on, we're going into Board of Directors 4.1, response to Santa Clara County civil grand jury October 7, 2022 final report, recommendation action.
[1:50:29] So, we have Tina Yoke.
[1:50:35] Good afternoon, Tina.
[1:50:36] Good afternoon, Chair.
[1:50:38] Members of the Board, Tina Yoke.
[1:50:40] Chief Operating Officer for Administrative Services.
[1:50:43] Just very briefly with your meeting packet.
[1:50:46] There is staff's recommendation option one.
[1:50:51] And then option one was in response to the Santa Clara County
[1:50:57] grand jury letter and report that our agency received on October the 10th, that grand jury
[1:51:05] letter and report had findings one, which with three recommendations for which our agency
[1:51:13] is required to provide a response, no later than January 5th, our response has four options,
[1:51:20] either indicate that the recommendations were implemented.
[1:51:26] Second, is the recommendations that has not been implemented.
[1:51:30] And we provide a timeline.
[1:51:32] Third, was that analysis is pending.
[1:51:35] And lastly, four options is the recommendation will not be implemented.
[1:51:41] Because our agency believes that those recommendations are not warranted.
[1:51:47] So, since I put forth with staff the original option one recommendation, there's a handout in front of the board today, which is a secondary option for the board's consideration, that second option is a recommendation to provide a response that indicates that staff would like to take this letter and the report to our BPPC.
[1:52:16] no later than March 31st and then of course proceed from there.
[1:52:23] And so I'd like to stand for questions on either of the two options or some other direction
[1:52:29] at the board of the light.
[1:52:31] Thank you.
[1:52:32] The direction.
[1:52:34] I have a motion.
[1:52:36] Do you have a second on that?
[1:52:40] Okay.
[1:52:41] Okay.
[1:52:41] Hang on.
[1:52:42] Hang on.
[1:52:43] Let's see your calendar.
[1:52:43] Do you have a comment on this?
[1:52:47] No, I just would be looking from in the board, which option you'd like for C, right?
[1:52:53] I'm hopefully everyone's happy.
[1:52:54] We'll have to see the point of option, too.
[1:52:56] Okay, Director Schweyer.
[1:53:01] Thank you, Chair.
[1:53:02] I would support moving forward with option two.
[1:53:07] I'm hoping that my colleague can support that.
[1:53:13] I really believe this response is a board business.
[1:53:18] I don't feel this is a staff business, so I think the board needs to talk about it either going through a committee or not going through a committee.
[1:53:29] Either way it's fine with me, but I just feel like it's a board business.
[1:53:33] The board needs to talk about it and then have an end thereafter to prepare the response.
[1:53:39] So that will be my
[1:53:42] I guess
[1:53:44] Support for the option too. Okay.
[1:53:47] Okay. Okay. I have a motion.
[1:53:49] Did you make a motion on that?
[1:53:53] She did not formally make a motion on that.
[1:53:55] Should I make a motion on that?
[1:53:57] I have a motion.
[1:53:58] Director Santos, but
[1:54:00] Director Santos, did you want to
[1:54:02] Follow your motion on that?
[1:54:05] Support about item two?
[1:54:07] Okay. So I have motion in a second.
[1:54:10] So it's a motion for option two.
[1:54:13] Option two.
[1:54:14] Directors.
[1:54:14] Directors.
[1:54:16] Well, it's right now we're just going to hear that.
[1:54:18] We're just acknowledging the motion.
[1:54:21] Okay, so Santos and Eisenberg.
[1:54:23] Option two.
[1:54:26] Okay.
[1:54:27] So do we have any board members that have any comments on that?
[1:54:32] Director of Stamara?
[1:54:34] Right, I got you.
[1:54:35] Yeah, I just quickly wanted to say that.
[1:54:38] Yeah, I think it's appropriate for us to have take a little time to go through the report and have a discussion and
[1:54:46] Have the ability of the new members to engage and we've got three three months that was adequate and you know, we have a committee so that it's so we could take advantage
[1:54:55] I think of the committee to to be the forum and then we can all participate in that discussion
[1:55:00] So, okay. Director Christopher?
[1:55:08] Thanks. I think, you know, I really strongly agree with, you know, my colleagues in their recommendation for delay, and I just want to kind of say why.
[1:55:17] I think it's so important that we are able to work together cohesively, you know, and this is such a charge to issue.
[1:55:26] And, you know, I'm one of the newcomers, so I wasn't there during this, you know, and I feel like, you know, any discussion of this issue right now, maybe would put some of us in a position where maybe we would speak negatively about each other, and I hate that idea of, you know, really even having that conversation right now, because it's, I think it's so important that we really work together cohesively, you know, we may disagree.
[1:55:57] But as I said in my earlier talk, I believe we really share mutual goals, and I really
[1:56:05] want us to focus on what we agree with more, and I think it's really complicated whether
[1:56:12] we want to say that our current colleagues maybe made a mistake or maybe that's what the board
[1:56:21] would come to but I don't want to do that right now. I really trust my colleagues and I really want
[1:56:28] to show them I really want to give everyone the benefit of the doubt and move together cohesively.
[1:56:34] So that's why I wanted to lay. So thank you. Thank you, Director. So we have a motion in a second.
[1:56:41] And do I have to bail?
[1:56:46] The one I read this, the one issue that came to mind for me was having
[1:56:49] I'm going to remember the County Board of Supervisors for 12 years.
[1:56:54] The County Council is our lawyer as a County Supervisor.
[1:56:58] They're not the lawyers of the Water District Board of Directors, and I can see,
[1:57:05] or I feel
[1:57:06] that there's a conflict of interest somewhat between the County Council office, you know,
[1:57:16] the county board of supervisors lawyer and this entity. So I'm a little, I think it's kind of a
[1:57:28] conflict.
[1:57:31] And discussing how we do things better is fine, I think that's fine, but I think as, I don't
[1:57:39] want somebody else's lawyer doing things to recommend to me when I have my own lawyer
[1:57:46] to do it. And I prefer to have my own lawyer to do it quite frankly. So that's, I just wanted
[1:57:53] to point that out. This conflict. If the Board of Supervisors doesn't like what we submit
[1:57:59] and the county council is writing a opinion for us, that's to me. I don't know. I mean,
[1:58:08] it looks like a conflict to me. I mean, thank you. So we have a motion in a second. So
[1:58:15] The clerk of the board read, paid the motion, and what we're supporting on the vote.
[1:58:22] Thank you.
[1:58:22] This is not a roll call.
[1:58:23] Yes.
[1:58:23] Thank you, Mr. Chair.
[1:58:24] So I have a motion by Director Santos, the second by Director Shua, to go with option 2 letter,
[1:58:30] which is a distributed as a handout 4.18.
[1:58:34] The motion second was on the right direction for the reaction.
[1:58:39] The right direction for the second motion.
[1:58:41] I will correct that.
[1:58:42] Okay.
[1:58:42] So, we'll hear that. All in favor signify by saying aye. Aye. All opposed? That motion passes.
[1:58:52] Okay, we're moving on to item 4.2. Discuss the vacancy on the Santa Clara Valley War,
[1:58:57] the Water District Public Facilities Financing Corp, Board Directors and provide direction on the process to fill the vacancy.
[1:59:05] The recommendation as I just mentioned, Michelle King.
[1:59:08] Thank you, Mr. Chair. I'm talking to the board.
[1:59:10] So I'm bringing this item back before the board today to get some additional input on filling
[1:59:17] the vacancy for the Public Facilities Financing Corporation back in August the board authorized
[1:59:22] me to contact prior PF, I'm going to abbreviate Public Facilities Financing Corporation as the
[1:59:29] PFC, it's easier to say.
[1:59:32] To do outreach to the prior applicants and to advertise vacancies on the local community papers,
[1:59:37] perform outreach to our neighborhood associations and to our water ambassadors and that outreach was all performed
[1:59:45] with a deadline of any applicants to submit letters of interest by October 31st of this year.
[1:59:54] And that deadline approached and passed I received one application which I included in your
[2:00:00] So, at this time, I stand up for the board to give me some additional input. If you want to, what options you have, we could move forward and schedule a time to interview the one applicant.
[2:00:11] I can do some additional outreach. If that's what the board prefers or anything else that the board has suggested at this time.
[2:00:18] Okay, board.
[2:00:19] For discussion, recommendation, the request and bird.
[2:00:28] First, thank you for your efforts with this.
[2:00:30] I know it can be hard to find people to do this complicated and time-consuming work,
[2:00:34] especially when they're doing it as a volunteer.
[2:00:37] So it's not easy. I acknowledge that.
[2:00:39] You know, that said, I believe in competition in the marketplace.
[2:00:45] You know, and I feel like, you know, this is a new board.
[2:00:49] You know, and we don't even know exactly how we're going to be, you know, but we're going to be different in some way and often people choose to participate in these volunteer positions based on with whom they'll be working.
[2:01:04] Additionally, maybe I saw that, again, I barely even read this application and I saw
[2:01:10] I mean no judgment about this person, but I just want to say, I saw the existing members
[2:01:17] have names that, except for with one, whose name as I think Kim, they seem to be identified
[2:01:24] as male, you know, and I'm not sure of their, you know, about their diversity in other
[2:01:32] You know, I think that it's really, really important that we have a diverse and representative committee and as we all know, diversity and representation only come with effort.
[2:01:43] It doesn't just happen, you know, organically.
[2:01:45] And so I would say let's, I think it would be nice if, and I'll volunteer myself of all
[2:01:51] but board members maybe could reach out to our communities, to maybe, you know, to
[2:01:57] underrepresented, underrepresented groups that are in our communities, you know, if we have, you
[2:02:03] know, vulnerable communities, immigrant communities, non-English speaking communities, et cetera.
[2:02:09] This might be, you know, a really nice opportunity to show our commitment to representation
[2:02:14] inclusion, inclusion, plus I really think any committee is better through when it's diverse.
[2:02:22] So thank you.
[2:02:24] Thank you, Director, for that.
[2:02:29] So board.
[2:02:31] So we'll just go back to the board to make that decision that director.
[2:02:36] So that's fine.
[2:02:38] If it's a board's pleasure, I will continue.
[2:02:39] I will do some additional outreach, including providing some information or each director
[2:02:44] can share with their communities, if you be whatever mechanisms we can use, I'm not sure
[2:02:49] if next door allows that.
[2:02:49] Two process were you previously?
[2:02:51] Which we did previously, but we'll bump it up a little, see if I could bump it up a little
[2:02:56] bit.
[2:02:57] Okay.
[2:02:58] I'll create another deadline.
[2:03:00] The PFFC did just meet this year, so I think we have a little bit of time, and we had
[2:03:06] a core each time, so I'll continue to outreach and bring it back to the board after I
[2:03:12] that deadline passes and hopefully we'll get some more apple.
[2:03:14] Okay, great.
[2:03:15] Do I have to kick in?
[2:03:18] I do agree that it's good to have more than one application but I would like to point out
[2:03:24] that I do think highly of the applicant and he is a diverse candidate.
[2:03:32] Okay, great.
[2:03:33] Did we have any public comment on this slide?
[2:03:36] That's for that.
[2:03:38] I do not have any public comment at this.
[2:03:39] Okay, so we're finished with item 4.2.
[2:03:42] Moving on 4.3, consider the October 18th, 2022 Environmental Creek Cleanup Committee recommendation
[2:03:49] to review and propose solutions-based proposals for addressing waterways, challenges posed
[2:03:55] by unhoused in campus. This is an action item, Jennifer. Good afternoon members of the board.
[2:04:03] Good afternoon. As discussed, this is an action item that the Environmental Creek Cleanup Committee
[2:04:09] meeting had asked that we received feedback and direction from the board as a large.
[2:04:14] There is eight proposed encampment-based solutions and I'm happy to discuss any one of them.
[2:04:21] I think it's important to share that if you could so that our new members understand exactly what we're
[2:04:26] referencing here.
[2:04:28] So the first one was to continue discussions with the city of San Jose on the possibility
[2:04:34] of no camping areas or buffers along the waterways. And we've really been concentrating on
[2:04:42] the upcoming COD Creek flood measures project in regards to, you know, I don't know if we'll
[2:04:47] decide to call it a camping band, but to basically ensure that unhoused are not camping in an
[2:04:54] area along COD Creek that they would be subjected to life risk. And so that's ongoing discussion.
[2:05:00] And we are currently hoping to see a draft MOA from the City of San Jose, possibly by the end of this week.
[2:05:11] Number two was to pursue strength and renew local partnerships. And this is also something that is ongoing.
[2:05:17] We will be creating two MOA agreements for the upcoming COD Creek flood measures project work, one with the City of San Jose, and that is really to assist us with providing outreach services, the possibility of housing.
[2:05:32] and other actions to move forward with construction of that project.
[2:05:38] Additionally, we will also be pursuing an MLA with the San Jose Police Department, and that's to assist us on what we know is going to need to occur for construction of that project, and that is the abatement of approximately 60 encampments just for Phase 1.
[2:05:56] Number three was expanding cleanup crew staffing and that's something that we want to consider as we move forward.
[2:06:03] However, with this upcoming large project that we need to begin work on for a coyote creek.
[2:06:09] We're a little hesitant to expand the cleanup crew staffing at this point.
[2:06:13] We want to see how much work this upcoming project is over the course of the next few years before we make that decision.
[2:06:19] However, it is one solution that has been proposed and really that's been proposed because our cleanup crews are
[2:06:26] only really able to clean these heavily-in-camped reaches of Creek on it two to three months
[2:06:32] schedule, because there are so many reaches that need to be cleaned. So that discussion
[2:06:37] of maybe, you know, increasing the clean up crew staffing and being able to clean these routine
[2:06:43] areas on a more regular basis is something that we could consider. Number four, increase an
[2:06:50] invest in increased police support. This is something that is currently in progress and that, again,
[2:06:56] is part of the new MOA that will be put together for the San Jose Police Department to assist us
[2:07:04] with the upcoming Hayote Creek flood measures project. And this is really to increase the amount
[2:07:11] that we're able to pay them on our databases to encourage more of their staff to sign up for efforts
[2:07:17] like this and that that currently is in progress and will be completed soon. So that's good news.
[2:07:25] We'll be able to hire more officers to assist us on these and commit cleanup efforts and
[2:07:30] to ensure that our staff are supported.
[2:07:34] Number five and invest in an agreement contract to ensure
[2:07:37] adequate outreach services. We did kind of try this a few ways and ultimately we decided that
[2:07:45] This would be something best served by either the city or the county.
[2:07:49] And so that is something, again, that we're currently working with the city of San Jose
[2:07:54] for the MOI specific to the outreach services that we know will need on the CIAD Creek project.
[2:08:02] Number six, increased use of expanded mental sensing.
[2:08:07] That is something that was recommended by the committee and will most likely be moving forward
[2:08:11] with that and increasing the funding that we have
[2:08:14] for this expanded metal fencing.
[2:08:16] What we're finding is that the typical fencing we use
[2:08:19] in these secured breaches of Creek
[2:08:21] is really easily damaged and it ends up costing a lot more
[2:08:25] to repair the damage than it would to in some areas
[2:08:28] construct this expanded metal fencing.
[2:08:36] Okay, and number seven,
[2:08:38] discuss expansion of a value water cash for trash program.
[2:08:41] This is something that the committee's interested in
[2:08:43] And I will be bringing back to the committee in the January meeting to discuss what that might
[2:08:48] look like.
[2:08:49] And so there will be continued discussions on that.
[2:08:53] But basically, the idea is that we pay the city of Sen.
[2:08:56] I was there right now through a grant fund to do their cash for trash program on Valley
[2:08:59] Water Creek lands.
[2:09:01] And while that is a very good program and effective, there are only visiting the sites once
[2:09:06] a week.
[2:09:07] And so it might be nice to supplement that with a Valley Water program where we can ensure a
[2:09:12] consistent trash pick up on these areas that we know really need it.
[2:09:18] And lastly, number eight was to permit the use of
[2:09:20] Valleywater property for bridge housing.
[2:09:22] This is something that we have proposed to the city, the Cherry
[2:09:25] Ave site, an upland area on Guadalupe River, has been
[2:09:29] proposed and it's my understanding that that site will go
[2:09:32] to city council sometime this new year for consideration.
[2:09:37] And that's all I have. So if there's any questions or any direction
[2:09:40] and not the board would like to give?
[2:09:42] Sure. Dr. Santos did you have any comments that you'd like to offer from?
[2:09:46] Okay. So I have Dr. Bell.
[2:09:51] Thank you.
[2:09:54] One of the reasons I ran for the board here was to...
[2:10:00] See if I can use my skills, if you want to say that way, having worked in the legislature, the city council, and the board of supervisors on housing and homeless issues, and I think the district act needs to be amended.
[2:10:24] And we need to modernize the district act.
[2:10:30] There are sections of the district act that could be modified, such as where it says abatement.
[2:10:39] Talks about abatement in terms of people causing new senses.
[2:10:43] It doesn't talk about using
[2:10:49] a different phrase,
[2:10:53] finding a home for people that don't have a home that happened to be living in our
[2:10:58] creeks and it's not really abatement in terms of getting rid of a quote
[2:11:07] nuisance.
[2:11:10] It's dealing with human beings that are in the creeks that we need
[2:11:13] help that are on our property, our property that we have, and finding ways of accommodating
[2:11:23] the relocation of these people to safer better for the environment to cleaner and
[2:11:32] more healthy locations.
[2:11:35] And I think it's in our interest in terms of doing that because we are spending a lot
[2:11:42] money on their traditional ways of cleaning up and relocating people and working with the city
[2:11:51] in the camps and then people come back and then it goes over and over and over and over again
[2:11:57] we're spending a lot of money. That to me is not the way to be proactive attacking a problem.
[2:12:08] So I think that working in a more serious way a more deeper way to help people living in the creeks is the answer.
[2:12:24] And we have to figure out how to do that.
[2:12:26] I mean we don't know all the answers right now, but we have to figure out how to do that.
[2:12:31] That remains one of my, Mr. Chairman, I know a lot of you are concerned about the same issues.
[2:12:38] So that remains one of my primary things I would like to accomplish on the board.
[2:12:46] So,
[2:12:49] I think the first step is to look at the district gap to find out how we can amend it to make our agency serve the people of Santa Clara County better
[2:12:57] regards to homeless people on the property and in the creeks in the
[2:13:05] repairing quarters around the dams, around our other facilities, and how we can
[2:13:11] work with other agencies in a proactive way to help solve the problems. Now we need
[2:13:21] We also need to be taking a look at proposals, legislation, whether it's local or state
[2:13:29] or federal that help people that are homeless and take active, active, straightforward,
[2:13:37] priority positions on it so that we can be advocates for the governor and the president
[2:13:45] and other people helping us solve this problem.
[2:13:49] And we're part of the problem, we're not the whole problem because the homeless people
[2:13:53] are not necessarily in our creeks, but what happens when there's, I notice when there
[2:14:00] was an abatement, you want to call it that, it's the way I would describe it.
[2:14:06] And Santa is the airport approach zone, there was a requirement that the city had to, and
[2:14:11] I know this very well because I was involved in buying out all the properties under the
[2:14:20] They are required by the federal government to relocate those people.
[2:14:26] And it's requirement that was made when the city took grants to finance the building of
[2:14:32] the airport in San Jose.
[2:14:35] You can't receive this money unless you relocate these people and have no people living
[2:14:39] under the airport of Procone.
[2:14:41] That was the requirement of the grants back in the 80s and 90s.
[2:14:45] So what happened was the city started to
[2:14:50] Find places and they weren't able to find places for everybody and then people drifted down into the creeks next to the airport. I know that
[2:15:00] That's the case because you can just go out there and you can see it. And they drifted, up and down, the Guadalukey River, and even the County Creek.
[2:15:12] And so when there's an abatement in one area, whether it's the city, Cal Trans, or some other agency, oftentimes they just move to some other area, and oftentimes is the creeps.
[2:15:29] So, I would like to have a redefinition of our role in looking at this from the district
[2:15:43] Act of supporting legislation, actually maybe getting proactive grants to help people
[2:15:49] find housing.
[2:15:51] You know, the governor has his motel program, that would be the most obvious one, short-term
[2:15:57] housing that we could apply for grants for the governor, we can say governor, we want 300 slots,
[2:16:05] so we can rent some of your motel rooms and move people out of the creeks into the hotel rooms.
[2:16:15] We can find the hotel rooms and relocate people.
[2:16:19] So that would be an answer.
[2:16:21] That's a kind of answer.
[2:16:22] I'm sure there's other ideas from people that know how to deal with this better.
[2:16:28] I'm the board, the board might know I might work on mental health and I've been chairman of the
[2:16:35] mental health committee.
[2:16:36] I was the chair for eight years and had many legislative successes in the area of mental
[2:16:41] health funding.
[2:16:43] And I think a large number of our homeless people in our creeks have developmental mental health
[2:16:54] and substance abuse issues are all three.
[2:16:56] There's a difference between a developmental issue and a mental health issue.
[2:17:02] So I think working with nonprofit agencies,
[2:17:07] a momentum for mental health is one, other destination home, other groups that have specific
[2:17:13] wraparound services to help people that are going through traumatic experience of living
[2:17:21] by definition, if you're homeless, you're going through a traumatic experience.
[2:17:27] And you know why I know, because I was homeless at one point.
[2:17:32] My house, when I was young, my parents lost their house to a fire,
[2:17:39] and Director Santos knows the story, because he served it.
[2:17:44] We lost our house, and we have place to live for about a year and a half.
[2:17:50] for 12 people. I have nine brothers and sisters. So I went through that process.
[2:18:04] And it appears
[2:18:06] to me that
[2:18:09] even if we take a more aggressive stand, it might make us better able to fulfill
[2:18:18] our mission of keeping the creeks environmentally safe, clean, and repairing quarters, and all
[2:18:28] that kind of, all the goals we have that are in the goal statement. That's what our goals
[2:18:32] are. To have people live in the creeks with interaction, the garbage stuff.
[2:18:44] I think in
[2:18:45] other places that has caused a environmental health problem and not only for the
[2:18:54] creeks around the creeks but for the bay and for the region. I wonder if algae
[2:18:59] problems exist because of the bacteria counts going up all those kinds of issues.
[2:19:06] of vermin, all that kind of thing.
[2:19:12] So taking care of people who need help in taking care of themselves
[2:19:22] is a top priority government.
[2:19:27] We can't ignore it.
[2:19:29] So I would like, I would like to more fuller discussion
[2:19:32] with my colleagues, I'm initiating it today.
[2:19:36] I have, as you understand, strong police about this, is the reason I decided to join you.
[2:19:47] Thank you.
[2:19:49] Yes.
[2:19:51] Thank you.
[2:19:52] Director Bell, that was an amazing.
[2:19:54] Mr. Chair of the story.
[2:19:56] Yes.
[2:19:57] I want to...
[2:19:58] Yeah, real quick.
[2:20:00] I'm the chair of the House of Committee of the Environmental Creek Cleanup. It's very sensitive
[2:20:07] to Jim Bell, director. We're really appreciate your comments. I know it comes from the heart
[2:20:12] and it makes it even feel better. I want to assure you that we're doing all those things you
[2:20:16] talked about, but with your help in terms of the District Act, potential legislation and those
[2:20:23] other areas, these MOUs would put measureists together to something like 30 million dollars.
[2:20:30] This is supposed to be going to county and social issues, but they have to do that part
[2:20:33] of the job and we do ours.
[2:20:35] And we need more partnerships and then even chair of a relis suggested on another last
[2:20:39] meeting.
[2:20:40] Let's get a GAPA in the county.
[2:20:42] Those are good thoughts.
[2:20:44] So along with your help and sensitivity, talking about the district gag and those words
[2:20:49] that you use, I'm looking forward to your input,
[2:20:53] and together we'll do a better job.
[2:20:54] We do a good job, but we're always can do better.
[2:20:58] Remember, I was around when you were around in 1976.
[2:21:02] I was the firecamp and you were a city hall
[2:21:05] when rigging through all the folks out in the creeks.
[2:21:07] So I know another story.
[2:21:09] My calls went for 150 a month, the 350 a month,
[2:21:12] trying to get folks in veterans, which I am out of the creeks.
[2:21:15] And they put them back in.
[2:21:17] So I really appreciate what the said.
[2:21:18] I'm looking for a chair of a relative when he makes his commitments to committees that we
[2:21:23] all get together.
[2:21:24] I look forward to working with you.
[2:21:26] I really feel good about that.
[2:21:27] Thank you.
[2:21:28] Thank you.
[2:21:28] And I think if somebody dies in the creeks, we should have a morning here.
[2:21:34] You know?
[2:21:35] Okay.
[2:21:36] We should have if somebody passes because of the cold, because of the water, it's living in our
[2:21:48] that's, we should have a zero tolerance.
[2:21:53] That's our property that they're dying on.
[2:21:57] We're the guardians of that property.
[2:22:01] Thank you.
[2:22:02] Okay, thank you.
[2:22:04] CEO, calendar.
[2:22:07] Thank you, Mr. Chairman.
[2:22:09] Through the chair, first I want to say very well aware
[2:22:12] and appreciate the Senator of Director Bell's long-held
[2:22:17] a true belief in dealing with the issues of the unhoused mental health and the
[2:22:21] creak.
[2:22:22] We do have item 8.1 on the agenda, so I'm going to ask the staff to make sure that we
[2:22:28] proactively address that in item 8.1.
[2:22:31] We are looking at potential changes to the district, and the next legislative session, and
[2:22:37] so I would hope that the staff would be prepared to be able to address what Senator
[2:22:41] Bell has been talking about in terms of how to make sure that we're addressing unhoused and
[2:22:46] the way that is not only takes an account on mission and our vision around the environment,
[2:22:54] but in a way that is doing so and takes an account, the lives of the individuals ever in
[2:23:01] the creek.
[2:23:01] So we will be prepared to address that item 8.1.
[2:23:06] Thank you, sir.
[2:23:12] First of all, I want to thank the committee and staff for bringing this in front of the
[2:23:19] a great work. I definitely support Steph's recommendation. I just have one question about
[2:23:27] this proposal number two establishment of a joint power authority made up of local agencies
[2:23:34] or municipalities to exercise powers. They have income to adjust income and issues along
[2:23:42] other ways throughout the county.
[2:23:47] I mean, this is something that I think in my first one on
[2:23:51] one meeting with Mr. Calendar when he became the CEO. I said, why don't we look into this
[2:23:57] having a JPA? Yeah. And so it's something that I definitely feel that this kind of structure
[2:24:06] that can make a progress in this problem, not in the video agencies cannot make a good progress.
[2:24:18] So definitely support that.
[2:24:19] My question is that maybe there's discussion at the committee, do we need to say a long
[2:24:26] waterways?
[2:24:28] Do we need to limit the GPA to be along the waterways?
[2:24:32] can we make it wider, just trying to think that only along the other ways is not going to
[2:24:39] still go on that go on. So it's all connected. So it's all connected. So it's my question,
[2:24:47] and then if it, if I hope we can take, remove this along the other ways and just
[2:24:55] can then issue throughout the county. So that's my question in comment.
[2:25:01] Okay,
[2:25:04] so much my head is filled with so many things. Director Eisenberg?
[2:25:15] There you go. This is a great conversation, and having met with the staff and having met with each
[2:25:21] director over the past two weeks, I am positive that every single person working on this cares
[2:25:28] deeply about this issue very much, and I am so grateful to work with people who care so deeply.
[2:25:35] And I'm truly grateful.
[2:25:39] So one legal thing and then a heart thing.
[2:25:43] So the legal thing is, I'm really grateful also for our work's gym and net act.
[2:25:48] And I think it's extremely important.
[2:25:50] But I wonder whether the act as written actually does prohibit us from taking more, you know,
[2:26:04] conversation for offline and I'm sure this conversation has been having had elsewhere, but the
[2:26:09] way I read the act is really about provision of water, safe, clean water, taking care of our
[2:26:14] riparian, protecting the natural environment. But it seems to have weakened, I think, that our
[2:26:26] provision of water depends on certain actions that we take with regard to our unhoused
[2:26:31] populations. Specifically, our on-house populations right now do not have safe, consistent, affordable
[2:26:38] access to clean water. And we are not, we are actually not to do to any of the fall to the
[2:26:46] board and maybe in part due to lawyers fall to interpret this act numerally, but we are actually
[2:26:52] failing our on-house populations.
[2:26:56] It's inappropriate and I know the board agrees because I've met with
[2:26:59] And I know all of us care so much about on-house people and we recognize that that could
[2:27:04] be us and that they are us.
[2:27:06] It was a bad buck, very at most of the time that put someone into the unhoused side of
[2:27:14] the equation.
[2:27:15] It's just bad luck.
[2:27:16] You know, Elizabeth Warren found, you know, me, it had a statistical study proving that, you
[2:27:20] know, what makes a family enter bankruptcy.
[2:27:23] Go, go, impoverished, often it's just a medical bill.
[2:27:27] They can't afford.
[2:27:28] So these are us, these are people who are us, and we are not providing them safe, consistent, clean water.
[2:27:36] And when we fix that problem, then we will be fulfilling our goals.
[2:27:41] So I actually think we're obligated to help them.
[2:27:44] And whether you interpret an act broadly or narrowly, is really just a difference between lawyers and policymakers.
[2:27:51] When we talked about that application for the loan, that the requirements of that loan were interpreted broadly.
[2:27:57] And sometimes things are interpreted broadly.
[2:28:00] But here we're interpreting an act that governs what we can do narrowly.
[2:28:04] So I think it'd be valuable to take another look at that act and maybe we can be the first
[2:28:10] water district to interpret our act in a way that obligates us to help the unhoused.
[2:28:16] I'd be very proud of that.
[2:28:17] I think it's worth discussing.
[2:28:20] So I agree with all of your proposals, except for one.
[2:28:23] And I do want to respond to, I didn't really understand why the hesitation over cleaning
[2:28:31] up.
[2:28:31] You know, the areas because I do think one of our required goals is to clean up, is to keep
[2:28:38] keeping areas clean.
[2:28:39] So I don't understand the hesitation other than possibly, and I'm not saying you believe
[2:28:44] this, but I know that many in the general public have a belief that is an unproven belief
[2:28:49] that when we fail to provide services, to populations,
[2:28:53] that that somehow can make things better,
[2:28:55] or have those populations go elsewhere.
[2:28:58] And just as a little background, I'm from the city,
[2:29:01] you know, in a place, you know, the Jewish population in Milwaukee,
[2:29:04] and I think I referred to this when I, in the square,
[2:29:06] like for the very few Jewish immigrants who could afford to buy a house
[2:29:10] when they came over, you know, in between 1890 and 1910,
[2:29:14] which is when most of the Jewish people in our country came over to this country, right?
[2:29:17] So very few Jewish people like my family could afford to buy a home, even though in Milwaukee that was like a $300 thing to buy a home.
[2:29:26] But my father's father could.
[2:29:30] And no neighborhood allowed Jewish people to buy homes except for Bronzeville, which is where the African American middle class lived.
[2:29:39] They weren't allowed to buy anywhere either.
[2:29:41] So my father grew up in an embassment entirely African-American neighborhood and attended
[2:29:49] African-mostly, entirely African-American schools.
[2:29:55] And there's another bad part of this about the city knocking down their homes, but that's
[2:29:59] not relevant.
[2:30:00] But it's sad and upsetting. Anyway, my father and my family has been a witness to what happens when a city
[2:30:09] when a government digests energy and resources in a neighborhood. And it results in slums. And these unhoused
[2:30:19] And my grandmother stayed in her neighborhood as a police and others divested in it, just stopped serving it.
[2:30:28] And, you know, there's white flight, but my grandparents refused to move.
[2:30:32] And my grandfather died in that house, and my grandmother would have to, if my parents, if she weren't age 90 in my parents,
[2:30:38] made her move closer to them.
[2:30:40] So, and this is going to get to my other point too.
[2:30:43] So the first point the story gets to is that under-serving are vulnerable populations only causes harm and not good and that we absolutely need to clean up the environment where the communities of on-house people live.
[2:30:57] These are people as my colleagues have said. These are human beings, like us, and we need to serve them.
[2:31:03] And we need to make sure they have access. The other point this brings up is my hesitation to work with the police.
[2:31:09] So again, another experience you have when you are like a white Jewish family or you know any family living in a primarily
[2:31:16] African-American neighborhood is the experience of in Milwaukee, this is for Jewish people, like around in the 50s and 40s,
[2:31:24] is the experience of the police not being on your side.
[2:31:28] So my grandfather wanted to stay in this neighborhood because it was the only neighborhood where he felt safe
[2:31:33] And as we all monks, the African-American families there,
[2:31:37] and his prize possession was the police scanner.
[2:31:41] So he could don't wear to go away from.
[2:31:45] And in Milwaukee specifically, in many cities,
[2:31:48] Jewish people were actually at great risk.
[2:31:51] And beating up his price killers,
[2:31:53] and this doesn't happen now, they just watch.
[2:31:56] And but it's something I'm always sensitive to.
[2:31:59] Working with a police sometimes, even today,
[2:32:02] because we saw so many police officers involved in January 6th.
[2:32:07] Sometimes today, police don't keep everyone safe.
[2:32:10] Sometimes they're the danger.
[2:32:12] And this is a very controversial state,
[2:32:14] but I'm just going to put it out there.
[2:32:17] Because it's my reality, it's my lived experience and observation.
[2:32:23] And I think it's worth thinking about.
[2:32:25] The other reason I'm hesitant to work with a police
[2:32:27] because it's because poverty in homelessness is not a crime.
[2:32:31] And we could work with armed officers or we could work with social service professionals.
[2:32:37] And I believe that armed officers have no place at all in addressing our unhoused population.
[2:32:44] It's no place at all.
[2:32:46] And quite frankly,
[2:32:49] the only thing worse in my imagination and my research and my discussion with others,
[2:32:54] the only thing worse than being unhoused, it's big unhoused with a police record.
[2:32:59] So, I profoundly object to partnerships with police over this and request that we investigate
[2:33:07] partnerships with social service agencies instead.
[2:33:13] I also fear the guns near there.
[2:33:17] I mean, so I hope we can explore that instead, because we're not here, I mean, on how
[2:33:24] people offer, provide, I'm not dangerous, and we shouldn't treat them like the dangerous
[2:33:29] or criminals.
[2:33:30] They're all of us.
[2:33:32] Thank you.
[2:33:33] Okay.
[2:33:33] I'd like to address your hesitation to clean up just to make it clear.
[2:33:38] We do have an encampment cleanup crew that operates on a daily basis.
[2:33:41] And so we are routinely cleaning these areas and removing almost 100 tons of encampment
[2:33:47] generated trash and debris on a annual basis.
[2:33:50] So it's not that there's a hesitation to clean up.
[2:33:52] It's just that second crew, obviously, would be a whole additional crew that a supervisor
[2:33:57] would need to take on.
[2:33:59] And so there is kind of a commitment to agreeing to that, right?
[2:34:04] So I think we just need to think more about that.
[2:34:07] And then, you know, secondly, the police, the reason we do have the police to support us on
[2:34:11] the cleanup events is because the outreach workers don't want to be present on the cleanup
[2:34:15] of that. So, you know, and, and assaults do happen. I want to put that out there. We did just
[2:34:22] have one of our staff members assaulted a couple of weeks ago. And luckily, the police were
[2:34:28] on site and able to prevent him from being hit. This salt was with the baseball bat through
[2:34:35] the window of the truck as staff were leaving the cleanup site, right? And so that's just one
[2:34:39] example. We could get into many other examples. And so, while I agree with you, it would be
[2:34:44] great to have something else available to support our staff. I'm just not aware of what that would be at this point.
[2:34:52] Thank you. Thank you for those comments and there's responses. Director Estamara.
[2:34:56] Thank you.
[2:34:58] Thank you Mr. Chairman.
[2:35:01] I think we've gotten far ahead of where we've been. And we have a committee that's very active in trying to coordinate all of the aspects that we as a district can and direct veils correct, that we have a number of restrictions, I think, on our act that we've got to deal with.
[2:35:24] But my suggestion is that we either have a board workshop in January or I thought we should
[2:35:35] refer this back to the committee, not necessarily the recommendations here, but I mean discussing
[2:35:42] the questions that direct the bell raise with respect to the acted self.
[2:35:48] And then some of the other issues that direct the Eisenberg and some of the rest of us direct
[2:35:52] I think we need a forum to discuss this, I don't think the committee is good enough because, you know, we want to involve everybody on the board.
[2:36:06] So I think if we set up a board study session in January where we can really dialogue and come out as we've done before with a comprehensive approach on this,
[2:36:20] We have a lot of new mayors in the county. We've got two brand new members on the board of supervisors.
[2:36:30] We've got all kinds of new mayors. As I mentioned, it sounds like they've not beat us any way or so on.
[2:36:35] Mountain view, I mean, I go on and on and proud of also. And many new council people.
[2:36:40] So I think we need to look at it, comprehensively, what our role would be, what others
[2:36:49] role would be, so that then we can consider and a result of this study session could also
[2:36:56] be, you know, what we'd like to see with respect to legislative relief of some sort, whether
[2:37:04] it's, you know, amending our act or both, that and seeking funding and other other stuff.
[2:37:10] But I think if we do that, I think, you know, we have some progress, because otherwise it's
[2:37:17] too bifurcated.
[2:37:18] The committee does one thing, the board wants to do another, you know, all the other say everybody
[2:37:22] is involved.
[2:37:23] So, I think if we do it that way, we will centralize our work, the staff will all be involved.
[2:37:29] And then we can come out, I think, with a real good product, and from there, we'll have some action steps that both the board can take and staff can take.
[2:37:42] And so I think we can accept the recommendation today, understanding that we're going to look at not only that, but, you know, a couple of densely, how we want to participate in finding solutions.
[2:37:57] You know, this toward all of our members have always been dedicated to addressing these issues.
[2:38:05] But, you know, we avoid the limited we feel and we felt by our act and by, you know, the reluctance of other public officials to, you know, to stand up and do what they should be doing on their part.
[2:38:20] So I think this might, we might get a new license
[2:38:25] I'm being able to approach the other public officials
[2:38:28] that have to work with us, now that we have new public officials
[2:38:33] that are probably dedicated to finding solutions
[2:38:36] to these problems.
[2:38:38] So I think I've ever just made a motion to adopt the recommendation
[2:38:43] to staff the night second it, including,
[2:38:47] I was going to say and you probably want to add
[2:38:49] including that we should have this, yeah, I have, okay.
[2:38:57] Well, I'm not allowed just along the waterways.
[2:39:00] Well, no, as part of the motion, well, yeah, understood that, yeah, because, you know,
[2:39:04] they're not just, you know, folks, they're going everywhere.
[2:39:08] Yeah, yeah, yeah, yeah.
[2:39:08] Okay, that's not.
[2:39:10] It would not include you, but also that we have the board work study session in January
[2:39:18] to look for comprehensive solutions that, you know, that we want to participate in.
[2:39:24] Okay.
[2:39:26] I direct a cake.
[2:39:29] Thank you.
[2:39:32] And I do support Director Estimera's suggestion for a workshop.
[2:39:37] I think this is an issue that all the board members, as well as our community, are really interested in and think that it's important.
[2:39:46] And one of the reasons that I've long been advocating for some kind of
[2:39:51] jing powers authority or group of that nature is that we're spending a lot of time in
[2:40:00] And when I say we, I'm talking about the larger community, but we are not seeing results. We are seeing the homeless population ever increasing. And we're also seeing an extreme level of frustration and upset on the part of the communities. And these are not people who are unkind. But these are people who, my fence was burnt down in the middle of the night.
[2:40:26] or, you know, my catalytic converters have been stolen twice or, you know, a whole variety
[2:40:33] of issues and or I don't feel safe walking down the trail system. I hear that all the time.
[2:40:41] And so what we want to do is have a strategy with measurable results like more people being housed
[2:40:51] that are recreation areas are safe for recreation again and that, you know, the, the unhoused
[2:40:59] are not going to die in a flood or from the cold or anything like that.
[2:41:04] You know, we, we want to get them housed again and we want to gain community acceptance
[2:41:11] of our strategies because right now, you know, someone will say, well, people are living
[2:41:17] under the freeway by your creek. I'm like, well, I think that might be a counter-ransition,
[2:41:22] but I'll follow up on it. You know, it's like, they don't want to hear that. They don't want to hear us pointing fingers at someone else.
[2:41:27] And I really think a big component of this is dealing with people who have untreated mental health conditions,
[2:41:37] because I think that's driving some of the substance abuse and other issues that we're seeing.
[2:41:43] It's people are self-medicating because they're in a lot of emotional and physical pain and we need to be able to help them with that.
[2:41:51] And that may be including, you know, building new, in, in, in, in, in, in, in patients facilities to provide short-term mental health treatment,
[2:42:01] rather than arresting people and putting them into jail, people need to, if, you know, they fall into that category of,
[2:42:08] of meeting mental health services,
[2:42:10] that there's something available for them.
[2:42:11] And I think that would be a big win with the community.
[2:42:14] But I could go on and on and on,
[2:42:16] but we've kind of all gone on and on.
[2:42:18] But I do think having a specific workshop
[2:42:21] to talk about some identifiable strategies,
[2:42:24] how we work with other people,
[2:42:26] people that provide housing,
[2:42:28] people that provide mental health treatment,
[2:42:30] or physical health treatment,
[2:42:32] or all those different things is really important.
[2:42:35] So I look forward to having that discussion
[2:42:37] and I'll support the motion.
[2:42:40] Thank you.
[2:42:41] So I have a motion in a second.
[2:42:44] A motion from Director of Stamarin,
[2:42:45] second by Director Schwer.
[2:42:47] This is an action item.
[2:42:48] Do you have any public speaking up with speakers on this?
[2:42:51] Thank you, Mr. Chair.
[2:42:52] I have no public comment at this time.
[2:42:54] OK.
[2:42:55] So we have an action item here.
[2:42:56] All those in favor, signify by say aye.
[2:42:59] All opposed?
[2:43:00] The motion passes unanimously.
[2:43:01] Thank you.
[2:43:03] Yes.
[2:43:07] What's your speaker on?
[2:43:12] Let's see if I can get it right.
[2:43:14] Yeah, I got it.
[2:43:15] Because the staff mentioned that there was some kind of altercation.
[2:43:24] There's been quite a few.
[2:43:27] What I want to suggest is I will work with the director on connecting them with NAMI and other organizations
[2:43:34] to do some training for the staff on working, interacting with people that have mental health issues.
[2:43:46] I authored the both legislation with the help of the highway patrol and other law enforcement
[2:43:55] agencies for police training for people, law enforcement training for people with mental
[2:44:02] and we trained 80,000 police officers in California as a result of the bills we've got past
[2:44:10] a two-fifth SB 10 and 29. I think that the training is available. So when we have staff that
[2:44:22] will be working in those areas where they would have interactions, we should have a training
[2:44:31] for them. And I work with you to make sure that happens.
[2:44:39] We have been very involved in
[2:44:41] NAMI, National Alliance for Mill Hill. I wife and I both are very involved in it. And they
[2:44:48] have training for not only staff of agencies, but also family members that have another family
[2:44:55] member that has a mental health issue so we have all those kinds of
[2:45:00] Programs available to help people. And I will work with the directors and the staff on that.
[2:45:07] Thank you.
[2:45:08] Thank you, Director. I really appreciate it.
[2:45:10] We're going to move on on the agenda item 4.4.
[2:45:14] Lost the catalyst, reservoired, joint powers authority, appointment of interim,
[2:45:17] an interim board member representation, representative, and alternate representative.
[2:45:23] A appointment interim has indicated, so a way of notification, we needed to take action on
[2:45:31] this relatively quickly, so we had a meeting recently with CEO and appointed director
[2:45:42] as to Mara, as primary and director Baralla, as alternate.
[2:45:47] So we can have board discussion on that.
[2:45:49] At this point, we have a motion to approve.
[2:45:56] Who gave me Mr. Bell?
[2:46:10] Go ahead.
[2:46:13] Thank you.
[2:46:14] Well, I actually think that it's premature to make appointments.
[2:46:19] You know, one of the things that I've noticed is that we have no women on our storage committee.
[2:46:27] Committees either internally or externally.
[2:46:30] And I think having gender priorities important.
[2:46:34] Also, I would rather look at the assignments comprehensively in January or February.
[2:46:41] And in the interim, we could have the board members who are replacing the prior representatives
[2:46:50] to serve on that.
[2:46:51] So that would mean Director Eisenberg as the representative.
[2:46:58] And if we need an alternate to have Director Bell service the alternate.
[2:47:05] Because I do think that we need to be equitable.
[2:47:09] The other option would be, I looked at the agenda for tomorrow, I think the only thing that's important on it is there's a technical ad hoc committee that we would probably be interested in voting on but we could request that they defer that till their next meeting.
[2:47:25] So, again, that would be my preference.
[2:47:28] Thank you.
[2:47:28] Director, I think
[2:47:36] by colleague, Director Kigan and actually I agree.
[2:47:43] I, with everything, first I think that it's premature, you know, because, at least I'll speak for myself, I, you know, I'm not sure which committees, the best fit for my skills and, you know, and I do think we should take a comprehensive look.
[2:48:00] It makes the most sense, I agree that we need to look a lot harder and make a stronger commitment to gender equity that that is important.
[2:48:13] And I think that's especially important in matters where women often are not, don't get a place at the table, which is the big stuff and the money stuff.
[2:48:23] And, you know, I think that all the women here have really dealt, you know, have built careers,
[2:48:31] you know, dedicated to big stuff and money stuff.
[2:48:34] And, have a lot of experience working in rooms where almost everyone else or everyone else is male.
[2:48:41] So, you can count on us to hold our own.
[2:48:44] You know, and thinking of storage, that actually is something I'm extremely concerned about.
[2:48:49] It was one of my biggest campaign promises is that, you know, I posed the dam because I think
[2:48:55] there are better ways of storage and, you know, and that's why I also think it should
[2:49:00] be fresh blood because a lot of these better ways of storage didn't become as clear that
[2:49:05] they're better until they're recently based on science, you know, the things that we hear
[2:49:10] about evaporation rates and this is excessive other counties are having at water recycling
[2:49:17] and storm water capture.
[2:49:19] So I think it's, you know, I believe in term limits,
[2:49:22] by the way, for this reason, too.
[2:49:24] I think it's really helpful to have, you know,
[2:49:27] no offense or insult to my colleagues who've been here a long time.
[2:49:31] I just think this helps the Democratic process
[2:49:33] to have new ideas replaced for the older ideas regularly.
[2:49:37] And so I would say on every committee,
[2:49:39] there needs to be at least one of, I mean,
[2:49:41] to the extent we move, whenever possible,
[2:49:43] we should have a new person.
[2:49:44] So for all those reasons,
[2:49:45] I think we should delay. I'd be happy to take my predecessors role, you know, a part tomorrow,
[2:49:52] especially since it's not a big agenda, and I think you can trust me for that agenda item.
[2:49:59] And...
[2:50:00] Yeah, because again, I think we share the same goal, the same overall goals. And that's all. Thank you.
[2:50:08] Thank you, Director, Director Estimara. Thank you Mr. Chairman. Yeah, I have no problem with that suggestion.
[2:50:17] I know you made the appointment because we have previously actually worked with Coco County, kind of number of issues.
[2:50:25] So I have no problem with doing that.
[2:50:29] I'm sure that right doesn't work and represent us adequately.
[2:50:34] OK.
[2:50:35] Any public comments on that?
[2:50:40] The aim is to share and know I have no public comment at this time.
[2:50:43] OK.
[2:50:45] So from what I hear, the recommendation would
[2:50:48] be to have Director Eisenberg of District 7 be the primary
[2:50:53] and Director of the Director of Bell of District 4 be the alternate.
[2:50:57] Is that what I understand on an interim basis until board appointed committees are done with the appointment of the chair and January?
[2:51:11] So that's the motion director Santos.
[2:51:14] Will you amend your motion to approve that?
[2:51:16] And do I have a second on that?
[2:51:21] Okay, Mr. Mayor.
[2:51:22] Okay, so we all understand the action on that.
[2:51:25] So all those in favor signify by saying aye.
[2:51:27] All right, all those opposed, unanimous. Congratulations.
[2:51:32] Meeting tomorrow at 9 o'clock, it's only 500 miles away, good luck.
[2:51:40] And it's no zoom, beginning January, so have fun.
[2:51:47] Well, that's key word, by the way. Okay, moving on to the agenda, 4.5.
[2:51:51] Consider the February 16th, 2022 Board, Audit Committee,
[2:51:55] Recommendation to approve revised clarifying language to the board audit committee audit charter
[2:52:03] So during Taylor
[2:52:05] Spotlights on you. Good afternoon. Chair for the members of the board during Taylor chief financial officer
[2:52:10] This item 4.5 is a recommendation from the board audit committee to
[2:52:14] Rebise the board audit committee's audit charter
[2:52:17] What it does is adds language to ensure that the financial auditors
[2:52:21] communities, communicate any issues or concerns that they may come across during their
[2:52:25] audits, which may pose a risk to value water, that they communicate those to the
[2:52:30] board out of committee in a timely manner, and it's added language with regard to
[2:52:34] the frequency and intent of training provided by the independent auditor to the
[2:52:38] board out of committee.
[2:52:43] Director Schwerier?
[2:52:46] And I'd like to make a motion to approve committee's recommendation.
[2:52:51] We have a motion to have a second.
[2:52:53] We have a motion in the second.
[2:52:55] Do we have public comment on this item?
[2:52:57] Thank you, Mr. Chair.
[2:52:58] I have no public comment at this time.
[2:53:00] Okay.
[2:53:01] Any other board discussion on this item?
[2:53:09] Okay.
[2:53:09] Darren, you want to explain that?
[2:53:11] As far as what we're approving.
[2:53:13] Sure.
[2:53:14] So one of the committees that the board has is the board audit committee.
[2:53:17] And they are governed by a charter.
[2:53:21] And so periodically we bring the charter in front of the board.
[2:53:24] Today, we're bringing a couple of revisions to that charter, just language that would solidify that the financial auditors, as they're doing their audit work each year, for value water, if they come across any issues concerns, make sure they report that to the Board Audit Committee in a timely manner, and then there's another some revised language on with regard to training that the Board Audit Committee receives on an annual or buying your basis.
[2:53:50] And so, that's, I guess, I'll stop there if that answers the question.
[2:53:58] It does thank you for that explanation.
[2:54:01] Okay, thank you, Director Keegan.
[2:54:03] Oh, you're done.
[2:54:05] Okay, so we have a motion and a second to approve the item on the agenda, all those by
[2:54:10] in favor of signify by say aye, aye, all opposed, good job board, you guys are doing great.
[2:54:17] Wow.
[2:54:17] and pressed.
[2:54:19] You're moving on the agenda 4.6 review the fiscal year 2023 board policy planning calendar.
[2:54:26] Recommendation review the fiscal year as I just said information input only.
[2:54:32] Yes?
[2:54:34] Thank you, Mr. Chair.
[2:54:35] I bet that was down.
[2:54:36] King Clark of the board.
[2:54:37] So this is your monthly reoccurring item or the board to review your fiscal year 23 board policy planning calendar.
[2:54:44] A test to your packet, as a attachment one, is the updated calendar, which has been updated to include some additional committee items that are coming before the committee on drought response plan, delta-convance project, drought risk.
[2:55:00] Let's see what else. I think that's it. So, very few updates. The looks like we are, you know, halfway through the year, and looks like we're making a new progress. So at this time, I stand up on for any changes, additions, or any additional information.
[2:55:21] Thank you, Chair, just the request for CEO and Kirk of the board to discuss with the chair to include what this board discussed in today's meeting to add those items to the planning calendar and maybe come, maybe come, maybe come.
[2:55:47] Dr. Kagan?
[2:55:52] Thank you. Director Shua, I don't think you are explicit about the unhoused workshop.
[2:55:59] Is that what you were referring to?
[2:56:01] Okay, thank you.
[2:56:04] See you, calendar.
[2:56:07] Yes, for the, actually through the chair for the unhoused workshop,
[2:56:11] I actually just sent off a message to Michelle King, the clerk,
[2:56:17] That's a request of special meeting on the 17th that the Board
[2:56:21] we pulled for a special meeting on the 17th for not only the unhoused workshop,
[2:56:26] but potentially another item to be added.
[2:56:28] But so we can have a large workshop on at least one item of not two.
[2:56:34] Thank you.
[2:56:35] Director Bell?
[2:56:39] Just for everybody's information, I like to have opportunities in my district to do like
[2:56:45] town hall meetings on water conservation and other activities. I don't know if I need to put it on the calendar, but
[2:56:51] Okay, so I just point a point. I'll get somebody to help me with that. The other the other issue is
[2:57:00] Earth Day
[2:57:02] It might be a good idea that we start a planning committee to do a lot of activities on
[2:57:08] April, Earth Day and do some kind of
[2:57:13] This is just a thought that I have.
[2:57:16] I think it's important that we, as a leading environmental
[2:57:20] organization in Santa Clara County, to do a lead off on
[2:57:25] Earth Day about water conservation, you know, tree
[2:57:29] plannings, other kinds of activities that we can do
[2:57:32] educating children.
[2:57:36] I don't know if we have anybody that does education,
[2:57:39] environmental education,
[2:57:43] that kind of thing, but just a thought that Earth Day is coming
[2:57:47] up in April. So maybe we can have a discussion of this at some point on our agenda, or maybe
[2:57:55] I don't know what committee would work on that, so.
[2:57:57] I know that we have done programs in the past year, so I think let's do a big one this
[2:58:02] time. I think that would be good for us, good image, good, good, it's our job in my way
[2:58:08] Thank you.
[2:58:09] Thank you.
[2:58:11] Thank you.
[2:58:13] Rachel.
[2:58:14] Thank you chair.
[2:58:15] Pardon, brother.
[2:58:16] Through the chair, Director Bell, I wanted to make sure that the board is also aware that
[2:58:19] we do actively participate in a number of Earth Day events in our various partner cities.
[2:58:24] All across Santa Clara County.
[2:58:25] We have in fact a very robust community events program where we go out with water district
[2:58:30] branded booths, with water district grade giveaways, and of course the literature.
[2:58:34] We're going to be talking about the projects in those areas as well as the urgent need
[2:58:37] for water conservation.
[2:58:38] I just want to make sure the board was aware.
[2:58:40] Thank you, Rachel.
[2:58:42] Okay.
[2:58:43] So that was information only.
[2:58:45] Moving on to 4.7.
[2:58:47] Board committee reports.
[2:58:49] Any board members choose to give a report out at this particular time?
[2:58:56] I'll give you a brief one.
[2:58:58] We had the aqua fall conference last week, two weeks ago in Indian wells, which is next to
[2:59:06] Palm Springs.
[2:59:07] It's an amazing complex.
[2:59:10] We were, we had a week of intense meetings.
[2:59:15] I gave you a handout on the Aquaclamic Change Policy
[2:59:18] Principles, that's for your pleasure to read.
[2:59:21] That was adopted at the conference
[2:59:23] with the Board of Directors, which I said on the Board
[2:59:26] of Directors.
[2:59:26] And also, California Farm Bureau issued a bulletin
[2:59:30] and a memo on the problems that they're experiencing
[2:59:34] up and down the state in water scarcity, and fascinating, and my wife and I were driving
[2:59:41] down I-5 from Los Banners to Bakersville. It was like I was driving through the Mojave Desert.
[2:59:49] It was absolutely bizarre. Nothing was growing. No crops. Brownscape dust, and it was actually
[2:59:57] frightening to see that.
[3:00:00] That is our major economy for the State of California's agriculture. We feed not only California, but we feed the world from that region, other region.
[3:00:08] I'm fortunate enough to sit on several different agriculture from the committees and boards, from the central coast of the Central Valley, as director Estimera and now also director.
[3:00:19] The Santos do with the San Luis Delta Medota Water Authority, but seeing that, it was a frightened
[3:00:25] example of what is happening in the state and an entire west coast, on the entire
[3:00:29] west coast, with water scarcity.
[3:00:33] So, some of us are all about water storage, some of us are not about water storage.
[3:00:38] The most important thing is we need to find the solutions that makes sense to everybody and
[3:00:42] the cost parameters that don't impact all our repairs and all these collaborative meetings that
[3:00:47] having and I keep talking about joint power authorities, several of them are in conversation
[3:00:52] in the works.
[3:00:54] So it was just a brief moment, and of course, that particular medium, the Oculus first-ever
[3:01:02] foundation on diversity equity inclusion was formed approved, and yours truly was appointed
[3:01:09] the Board Trustee's chair of that committee, and we have our first meeting in Sacramento
[3:01:15] this Friday, and we have a myriad of ideas that we're going to be working toward what Mr.
[3:01:21] Bell has been talking about, finding resources and funding for water career path education
[3:01:26] to those young bright students that don't necessarily have a pathway because not who the
[3:01:32] arts but where they live and what they represent, what the color their skin is, what language they speak,
[3:01:38] you might have an accent but they're brilliant and they're smart. So these are going to be some of
[3:01:42] targets that we're going to be looking at to educate.
[3:01:45] Our board of trustees is amazing, the cross section of education, water of managers, women
[3:01:52] and water, which is another advocate that we're going to be working toward.
[3:01:55] And so I'm particularly proud to be part of this, and I will keep you post as we move forward.
[3:02:01] So that's my report.
[3:02:03] Chair?
[3:02:04] Yes.
[3:02:04] I have the CIP coming report, but I also related to that report.
[3:02:10] I have to have more member requests, so I'll report it on the 12.1.
[3:02:14] All right.
[3:02:15] Anybody else?
[3:02:17] Great.
[3:02:17] Moving on?
[3:02:18] Oh.
[3:02:19] All right.
[3:02:20] Mr. Dredgresenberg?
[3:02:21] I just want to say congratulations to the chair for being appointed to that.
[3:02:26] Well, thank you very much.
[3:02:28] It's quite an honor, believe me.
[3:02:30] And by the way, that's the first foundation of 501c3 ever from Aqua.
[3:02:37] And the President and the Vice President are women.
[3:02:41] That's another first.
[3:02:43] So we're changing that organization to more reflect the communities
[3:02:48] that we all come from.
[3:02:51] And that our two new board members were alluding to today.
[3:02:54] We want to look like who we represent.
[3:02:56] And that's happening statewide through the representation and this foundation.
[3:03:01] So I'll stop talking.
[3:03:02] Okay, let's go move on to what do utility enterprise 5.1.
[3:03:05] approved amendment number 1 to agreement number A4418A with Kaui, North America, and
[3:03:14] corporated for construction management services for the Anderson Dan project number 9186406.
[3:03:20] Case file number 5155 increasing fee by $8,584,817, dollars for total revised fee of $29,449,870.
[3:03:31] in District 1. Hello, Morgan Hill. It's an action item. Do we have one to make a motion to
[3:03:39] approve staff recommendation? A motion in a second. Any board discussion on this?
[3:03:49] Director Eisenberg. Thank you. I'm just, again, newbie. I'm just showing for a quick overview
[3:03:55] about what we're being asked to approve. Okay. The menu, are you? Would you like to give a brief
[3:04:00] Good afternoon, sir. Good afternoon, Chair. Direct as a member of the public. This amendment is to add a scope of work to the construction management firm on the understand tunnel project that we're doing right now.
[3:04:21] It's to enable us to do parameter quality monitoring, to meet the requirements of the Bay Area Quality Management District,
[3:04:34] to be able to meet the permits and all the requirements that they've imposed on the tunnel project.
[3:04:45] Okay, thank you.
[3:04:47] Anderson, there, I'm the tunnel project.
[3:04:48] I know this is definitely what are we intending to do specifically.
[3:04:53] What you're doing is to read the requirements.
[3:05:00] We do a quality monitoring, and we take else samples, which we have to do daily, and we take 14 samples
[3:05:09] per 24 hour spans, and then we take it to the lab, and then the samples are tested at the lab,
[3:05:19] and the results are then sent to the quality monitoring management district, for them to
[3:05:27] see how they are doing the tunneling and mixed up the soil.
[3:05:34] It's happening on the project.
[3:05:37] So, okay, anybody else?
[3:05:38] Any public comments on this?
[3:05:41] I had a question.
[3:05:42] Oh, Director Keegan, I didn't see you.
[3:05:44] Thank you.
[3:05:46] So, what we're doing here essentially is that we removed some work from the design consultant's
[3:05:54] contract and put it with the construction management firm.
[3:05:58] Why did we originally include it with the design consultant?
[3:06:04] During the design phase and the permit acquisition,
[3:06:08] we had to start with the whole process.
[3:06:13] And the initial setup at that time,
[3:06:15] the construction management firm was not on board,
[3:06:18] because we were not in construction.
[3:06:19] And so we started off with the design consultant, but then when we started construction and when we had a meeting with the Bay Area Quality Management District, it was agreed that this should be performed by the construction management fair.
[3:06:41] And so we moved it from the design consultant from into the work for the construction management.
[3:06:49] So did we have a limited scope of services for the design consultant? In other words, we didn't
[3:06:56] cut whatever it is like $9 million from the design consultant and move it over to the construction consultant.
[3:07:06] We just had a small or amount of money to essentially do that initial scoping so yeah, okay
[3:07:13] So there is actually a net increase yes, in the
[3:07:19] Okay, all right think that answers my question
[3:07:22] Okay, got that any other comment from the board
[3:07:25] Do we have public comments on this item?
[3:07:32] Chair, thank you. We do not have any raised hands. Okay, so I have a motion in a second all those in favor signify by saying aye
[3:07:38] I, I'll oppose the action passes unanimously moving on to water sheds item 6.1.
[3:07:48] We have a series of these, by the way.
[3:07:51] So authorized acquisition of real property interest from granite rock company for the
[3:07:55] co-opocrine flood management measures project.
[3:07:58] Anderson Dam Federal Energy Regulatory Commission order compliance number project 9186407
[3:08:05] the APN-241-05-001-APN-241-05-001-05-001-05-001-05-001-071-05-001-05.
[3:08:14] Okay, so this is an action item from the board, so we have the vanity.
[3:08:20] Where are you?
[3:08:22] Actually, it'll be Chief Black here reporting out.
[3:08:26] Mr. Hates, you get the straw.
[3:08:30] Well, sir.
[3:08:30] But vanity is currently in India, so since this is Amberson,
[3:08:33] related, I'll feel free to go to the step-up place, the cheap blank and also fill in some
[3:08:37] legap.
[3:08:37] So, this is an acquisition that's currently needed for the Coyote Creek Flood Mitigation
[3:08:43] Measures Project, which is a component of the FERC Ordered Compliance Project, which is
[3:08:47] our February 20th Ordered Project by the under emergency mandate by the Federal Energy
[3:08:53] Regulatory Commission for any board members that may be unaware.
[3:08:56] So, this is a property acquisition required in order to complete the project.
[3:09:00] We do have staff available for specific questions about the negotiations if they are any.
[3:09:05] Otherwise I won't leave it to the board for discussion.
[3:09:07] Very good.
[3:09:07] Thank you very much.
[3:09:09] I have a motion and a second.
[3:09:12] Board discussion.
[3:09:14] Public comment.
[3:09:15] On this item.
[3:09:16] Go public comment at this time.
[3:09:18] Okay.
[3:09:18] So we have a motion and a second to move this forward.
[3:09:20] All in favor signified by saying aye.
[3:09:23] All opposed.
[3:09:24] That passes again unanimously.
[3:09:26] Well, you guys are on a roll.
[3:09:30] Okay.
[3:09:33] Moving on, somewhere here, 6.2.
[3:09:38] All right, another, I'm not going to read it all, but it's to approve the amendment number
[3:09:42] 3b to agreement number 3, 4, 8, 4, 2, 3, 6, 3, with Klein-Feldir Inc.
[3:09:47] for on called you technical engineering services to increase the not to exceed
[3:09:51] fee of 1 million result in the total not to exceed fee of 2, made in 750,000
[3:09:56] 2,000 to items in action, who have a motion.
[3:10:00] I have a motion and a second. Board discussion, direct a swerve or wait a minute. Do you just direct, I some very
[3:10:10] curious.
[3:10:13] My name is a question. So, you know, sometimes with the on-call services, sometimes we use third-party
[3:10:20] services that aren't unionized. We do have a union, you know, a trade agreement, you know, clearly,
[3:10:26] but sometimes there are exceptions to this, I just would like to know if this third party is
[3:10:33] provides a unionized flavor, and if not if we start out unionized labor for that.
[3:10:39] So the on-call agreement is actually with two separate consultant firms. So basically these are
[3:10:43] designers in the private industry who are not unionized typically. It's something that we generally
[3:10:50] don't run across if it's not a construction trade. So this is the augment staff's abilities to
[3:10:56] work in a short basis, but I do not believe either a company is unionized.
[3:11:04] Did we look for unionized labor?
[3:11:07] We have our typical process, which we do a consultant selection where we reach out.
[3:11:11] I do not believe that unionization is a requirement.
[3:11:14] It may be something that is considered.
[3:11:17] I would have to defer to Tina Yoke as to our selection process in the waiting of any unionization.
[3:11:24] Thank you very much.
[3:11:24] Tina Yoke, Chief Operating Officer, Administrative Services,
[3:11:28] went through a competitive bid process initially.
[3:11:31] And no, we do not require unions as part
[3:11:35] of the selection criteria for a contract award.
[3:11:40] That's not in our union contract.
[3:11:47] For projects, for projects that fall under
[3:11:52] are newly approved policy approved
[3:11:55] project labor agreement of $2 million in above, you know, those are new projects under that
[3:12:01] criteria that we'll have a project labor agreement component to that. We're talking about
[3:12:08] a prior pre-existing contract.
[3:12:14] Yes, take a proof something new. I have a comment to help answer your
[3:12:20] assistant to CEO Melanie Richardson?
[3:12:26] Yes, thank you, Chair Vorella.
[3:12:29] I was just going to add that these are professional services,
[3:12:32] engineering, professional services,
[3:12:34] not in a labor type trades for construction,
[3:12:38] and they require qualifications based selection
[3:12:42] through our process that we have.
[3:12:44] And so it's different than a construction trades.
[3:12:47] And I think Miss Yoke would be willing to sit down
[3:12:50] talk you through that? Yes. He would like more info, but yes, this is a typical process, not just
[3:12:54] of our agencies, but all agencies that do this type of work. Yes, so. Okay.
[3:13:05] I'll just concur with
[3:13:07] what Ms. Richardson said. I've done lots of consulting contracts. Why did some here? City of
[3:13:15] and these are not typically things where the workers are unionized.
[3:13:21] And it is a different kind of situation.
[3:13:23] And I will say that I think that our staff is very diligent in trying
[3:13:28] to make sure that we hire unionized workers wherever and whenever it's appropriate.
[3:13:35] We're very proud of you.
[3:13:36] Great to hear.
[3:13:37] So do I have a motion and a second to approve this item?
[3:13:40] Item assembly?
[3:13:41] I do.
[3:13:43] We'll give it.
[3:13:43] We'll give it.
[3:13:45] You have Mr. Chair, you have a motion by Director Santos and a second by Dr. Shield.
[3:13:49] I knew that. Thank you very much.
[3:13:52] Okay, so all those in favor of signify by saying aye, aye, all opposed?
[3:13:57] That motion passes again.
[3:14:03] 7.2 authorized acquisition of real property, the interest of Rebecca Grace Watkins at the
[3:14:09] How Tann Lee Atal, for the Anderson Dam Tunnel Project, as part of the Federal Energy
[3:14:14] regulatory commission order compliance project under the Anderson Dam
[3:14:18] size of Metro Fit project with all those numbers. This is an action item.
[3:14:23] I have a motion and a second. For discussion.
[3:14:30] Mr. Chair, I'm sorry. I'm
[3:14:32] you said 7.2. I want to make sure we're really on 7.1 correct.
[3:14:38] I just am just the same name. It's different parts.
[3:14:40] I just we just finished 7.1. I had 6.2.
[3:14:47] We did, okay, I beg you for another one 7.1, okay same motion. Okay same motion
[3:14:55] All those of you ever signify by saying aye aye aye that motion passes thank you
[3:15:00] Thank you for corrected me. 7.2. I have a motion in the second board discussion. Public comment.
[3:15:10] We have no public comment.
[3:15:11] Okay, that's an action item. All those in favor signify by saying aye, aye, that motion also passes. Thank you very much.
[3:15:20] Now we go to item 7.3.
[3:15:25] I've got a motion and a second.
[3:15:28] It's okay.
[3:15:29] Any board discussion?
[3:15:32] Public comment?
[3:15:33] We have no public comment at this time.
[3:15:35] Okay, action item.
[3:15:36] All those in favor.
[3:15:36] On 7.3, signify by saying aye.
[3:15:39] All opposed.
[3:15:40] That item passes also.
[3:15:42] Thank you.
[3:15:43] Moving on to 7.4.
[3:15:46] Authorized acquisition of real property.
[3:15:47] for guide to heal for the Anderson Dam project and federal energy regulatory commission everything
[3:15:52] I said before. So this is a forward action. Do I have a motion?
[3:16:01] Okay. Board discussion?
[3:16:04] Public comment? We have no public comment at this time. Okay. Thank you. Board action. All those in favor
[3:16:09] signify by saying aye. Aye. All opposed that I also pass. Thank you. Moving on to external affairs.
[3:16:18] Item 8.1, approve recommended 2023 legislative policy proposals and guiding principles.
[3:16:26] This is also a board action. Do you have a report out? Mr. Broom is in the house.
[3:16:33] My God, did you write on your broom to get down here, by the way?
[3:16:36] Oh, absolutely. I always bring it with me. This is our Sacramento representative for those of you
[3:16:41] with new board members. Welcome.
[3:16:45] Thank you, Chair Pro Ten members of the board.
[3:16:47] Bart Brum is assistant officer in our Sacramento office is going to leave the presentation on this item if the board desires
[3:16:52] Yeah, you got five minutes or less. Okay. You can keep it to that. I will talk fast
[3:16:59] Before you are the proposed 2023 legislative policy proposals in guiding principles for the office of government relations
[3:17:06] The board annually reviews and adopts proposals and principles that direct staff advocacy at the local state and federal levels
[3:17:15] They are developed through a process that collects input from staff, senior management, and the board itself.
[3:17:23] Attachment 1 begins with approximately 80 guiding principles, changes from last year's principles are highlighted in red.
[3:17:31] We understand a concern was raised about a principle regarding endowments on page 4.
[3:17:38] staff proposes that item C2 at the top of page 4 be deleted and restated as follows.
[3:17:47] Support alternatives to endowments for public agency funding of mitigation site maintenance.
[3:17:54] This would clarify that we seek alternatives only for public agency funding of mitigation sites and not to change private developer funded endowments.
[3:18:03] Other changes to the principles are as noted in the document.
[3:18:09] At the state level, staff recommends two proposals for
[3:18:14] Valley Water Sponsored Legislation and three proposals for state bills
[3:18:19] to be sponsored by statewide organizations.
[3:18:22] On page 7, the attachment is a description of the first bill proposed
[3:18:27] by Valley Water Sponsorship.
[3:18:29] that's the District Act Reform legislation, which would update financing mechanisms to reduce
[3:18:36] the cost of borrowing, modernized, antiquated language, and renew a sunsetting provision
[3:18:42] related to board member Pradeem.
[3:18:46] Staff has heard the board discussion, not only in our discussions with Director Bell prior
[3:18:54] to this meeting about the interest in seeking changes to the District Act to allow us more
[3:19:00] flexibility to address the human, the human and environmental disaster of unhousing
[3:19:06] cabinets on our property. Government relations is already in discussions with District
[3:19:13] Council on the issue. However, we face challenges in this effort. We may not have a lawful
[3:19:21] funding source to expand into human services.
[3:19:26] State funds aren't directed directly available to independent special districts, and that's
[3:19:31] something that we're actually seeking to change through budget language, and I'll get
[3:19:36] to that later in my presentation.
[3:19:38] Also, in 2017, the Board approved and we pursued legislation that would actually modify
[3:19:44] the Mission of the District Act to include an ability to address encampments, and it didn't
[3:19:54] get out of its first committee, and the reason was that the committee raised concerns.
[3:20:00] We're first, there was duplication of services. Mission creep, which is something that they've cited repeatedly, and then that we were seeking police powers that would be inappropriate for a special district. After that experience in looking back at that, my recommendation would be that if we pursue this, that we would pursue it in a very narrow scope of precisely what would we do in regard to this.
[3:20:30] this and, you know, we're in discussions again with district council to talk about what might
[3:20:36] possibly be viable in the legislature and at the same time provide real benefits in more
[3:20:42] flexibility for what we can do to address the encampments of unhouse people. I'm going to proceed
[3:20:49] with the rest of the description and then maybe we can take any questions. So also on page 7 is the second
[3:20:58] bill proposed for Valley Water Sponsorship. It's the California Public Employees Retirement
[3:21:03] System Classic Tier II Reform. The bill would allow the Valley Water Board to prospectively
[3:21:10] apply the same pension benefit formula that applies to all Calpers Classic Employees. This
[3:21:18] change will enable Valley Water to better retain experience Calpers Classic Employees and recruit
[3:21:24] new classic employees by providing a benefit formula that is comparable to what is available
[3:21:31] to most other public agencies in our region and across California.
[3:21:36] In the agenda memo, you'll find three legislated proposals recommended for legislative
[3:21:42] action through an external sponsor, so not sponsored by Valley Water, but by a membership
[3:21:47] organization.
[3:21:48] The first would streamline the permitting for water supply and flood risk reduction projects and will be sponsored by the association of California water agencies.
[3:21:59] The second would make independent special districts eligible for grant funding through the Encampment Impact Resolution Program.
[3:22:07] This is the funding for special districts that I had mentioned earlier, the California Special District's Association is seeking state budget language to do this.
[3:22:19] And then the last one would be to renew local agency authorization to use design build project delivery.
[3:22:27] Staff is still seeking an external sponsor for this effort.
[3:22:31] At the local level, at the local level, on page six of the attachment, staff proposes to continue legislative efforts from 2022 to increase water use efficiency through updates to local ordinances and at the federal level on page 11 of the attachment there are three policy positions proposed for deletion because the issues have either been resolved or have been addressed by other needs.
[3:22:56] You know, you can see there's a lot that the Office of Government Relations works on in a year.
[3:23:03] We have representatives of our federal state and local program here to help answer any questions you have about any of the proposals for guiding principles.
[3:23:13] And I'll ask for any questions.
[3:23:15] Thank you, Mr. Bruno.
[3:23:16] I was a very comprehensive report.
[3:23:18] Directors have questions?
[3:23:23] Aye.
[3:23:23] Do I have to sway?
[3:23:26] Thank you.
[3:23:27] I just want to compliment staff for your foresight to include support efforts to reduce no
[3:23:34] function or turn through building standards and other beats.
[3:23:38] I think that's the next thing we need to focus on for the many years to come.
[3:23:43] Thank you.
[3:23:44] Thank you, Director.
[3:23:45] Any other comments from the board?
[3:23:47] Okay.
[3:23:47] Any public comments?
[3:23:52] I have no public comments.
[3:23:53] Okay.
[3:23:54] Board actually.
[3:23:54] Do I have a motion to approve?
[3:23:56] Pardon?
[3:23:57] Oh.
[3:23:58] I didn't see it there, do I care about
[3:24:09] it?
[3:24:10] In regards to the first of all, regards to the homeless, I don't agree with you.
[3:24:13] Okay, I don't think we should be narrow. I think we should be broad.
[3:24:17] I think you have to redefine what our role is on that.
[3:24:21] And I think the public, my constituents, other people's constituents are saying we have to deal with that.
[3:24:28] And therefore we should try to broaden our perspective and the responsive to them.
[3:24:34] different things we can do. Joint powers authority is one of them. Other things we can
[3:24:41] do is find other financing vehicles and we certainly should redefine and rewrite our
[3:24:49] district gap that allows us to take all flexible actions we need to take. We should be
[3:24:57] broader about our interpretation.
[3:25:00] Because once we write the district act and is locked in, you know, the district act is our Bible that we operate under and, you know, I know how hard it is to write a chapter in the Bible.
[3:25:15] So, you know, we need to write the right way as broadly as possible so that we, we have the ability to function in the way we want to function.
[3:25:27] And I personally think that there's a lot of openness to that.
[3:25:33] I mean, for example, the mayor of Los Angeles is declared a state of emergency on homelessness.
[3:25:40] There's going to be a lot of discussion about interagency cooperation on it.
[3:25:49] I already see legislation that allows housing financing and housing, and the legislation that's already written a draft, even if it's spot language, it says special districts actually, I saw that, so it actually refers to special districts.
[3:26:06] So,
[3:26:10] the other one I want to address is streamlining review.
[3:26:15] I noticed that Senator Caballero has got a bill now.
[3:26:21] It has to be 23.
[3:26:22] I think it's called.
[3:26:23] It's a spot bill now.
[3:26:25] I would like to fill that vessel with some language that we need to maybe expedite our projects.
[3:26:34] And if we can expedite projects just one or two years,
[3:26:39] We're saving literally hundreds of millions of dollars for the taxpayer, so that's another
[3:26:47] comment that I would like to make. I support working with the senator to achieve that.
[3:26:55] I think Senator Dodd has some bills on water as well.
[3:27:01] But I think the housing bills
[3:27:03] should include special districts,
[3:27:08] we should, we should, at the very minimum, include that
[3:27:11] and then also support the bills. I mean, we should take state. We don't have a section
[3:27:15] saying we should support the bills. We should, you know, there's going to be a proposal for
[3:27:19] housing as Celia Aguilar Curie and Assembly has got a housing bill that mentioned special districts
[3:27:28] that we should look at support.
[3:27:32] There's other legislative efforts that we should support.
[3:27:38] We should also support mental health bills and substance abuse bills.
[3:27:45] Mr. Chairman, I think we talked about that.
[3:27:47] Many of the board members may comments on that.
[3:27:50] We should support increased services and
[3:27:56] hospitalizations and other kinds of activities.
[3:27:59] These,
[3:28:01] if the board likes, I can show them my op-ed, I wrote last month in the Mercury News
[3:28:07] on the deck of particular subject regarding federal and state legislation, there's a
[3:28:15] federal law that says you can't have more than 16 people in a psychiatric hospital facilities
[3:28:22] and receive federal Medicaid dollars, which stifles the ability of people to create these
[3:28:32] medical facilities that we need desperately to put seriously mentally ill people in.
[3:28:40] And I think we have to change those federal laws.
[3:28:45] So those are my comments.
[3:28:46] I want to see the district act change with housing included homeless actions and collaborating
[3:28:54] with mental health and substance abuse programs.
[3:29:00] That will achieve the goal that we have.
[3:29:02] Our mission, it's not a mission creep, it's actually fulfilling our mission.
[3:29:06] I don't call mission creep leaving the creeks the way they are filled with people in
[3:29:11] I'm creating environmental hazard.
[3:29:13] That's not our mission, permission is to deal with that problem.
[3:29:17] So we need to deal with our problem, and I hope that we direct the staff to improve
[3:29:24] this to correct that in the legislative report.
[3:29:28] Thank you.
[3:29:30] Thank you, Director.
[3:29:31] We'll see you, calendar.
[3:29:36] Yes, through the chair, what I did wanted to do is make sure that the policy principle
[3:29:40] is, I think, dealing with housing, mental health and what you've addressed.
[3:29:45] So that the board can consider what's in front of you today that we will make sure that we're prepared to bring those back on the mid January meeting which will now be either the 17th or the 18th for my understanding is so that you'll actually be able to see the language so that we're not
[3:30:00] Do we get on the fly, but hopefully you'll be able to consider the policy principles today, and then we'll bring
[3:30:04] them back, and less than a month for future consideration.
[3:30:07] Thank you.
[3:30:14] Before, right?
[3:30:16] The Governor's budget is expected, and not the first week of January, but the beginning
[3:30:21] of the second week.
[3:30:25] A report on the Governor's budget is going to be a bad budget, so we have to get the fiscal
[3:30:33] reality here. So it's going to be not fun looking at that budget. Not as bad as once we
[3:30:41] had 10 years ago, but they were horrible. That was a 30% cut. Yeah, they take. Thank you.
[3:30:50] Do I drive some for you? Thank you. Thank you for your work. I enjoyed the presentation the other
[3:30:57] day last week. I recognize what a great job. There are certain things in here that I'm personally
[3:31:04] very grateful for. Now they're not coming to me. I thought I have it. I saw it and it's like,
[3:31:09] yeah, exactly. I just first I want to state my agreement, which each and every word
[3:31:15] just stated by Director Bell and I'm not going to repeat any of that. So just everything is
[3:31:20] that I agree with. So then just a couple other things is that as to, this is actually just kind of
[3:31:28] going on a little bit about what he said. So I agree that we should have a broad interpretation,
[3:31:32] And you know, under the act, and but specifically I said this earlier and I still really believe
[3:31:37] it from the old point of view is that I don't see how we can fulfill our mission of ensuring
[3:31:41] a reliable supply of healthy clean drinking water if we don't provide temporary housing to
[3:31:48] the unhoused because the unhoused is not getting, it does not have a reliable supply of healthy
[3:31:53] clean drinking water, they just don't.
[3:31:56] So we cannot succeed in our mission without the freedom to do those things.
[3:32:01] So, also a couple of other things I noticed in here, a couple,
[3:32:07] some, oh, and also in terms of what we should should advocate for.
[3:32:10] I agree with Dr. Bell, everything I think we need to join in,
[3:32:13] and I want to add one more.
[3:32:15] I think we need to also advocate for environmentalism
[3:32:20] and against oil and gas and other abilities
[3:32:23] to predict rights to pollute.
[3:32:27] Because the pollution we have makes our job much harder,
[3:32:29] having visited treatment facilities I see that it how greatly it increases our cost to clean up all that
[3:32:36] pollution in addition to the fact that's the right thing to do. You know it pollution harms us
[3:32:42] We it's so much more expensive when we have to clean up the stuff that is dumped. You know out there
[3:32:46] I think we all agree with that
[3:32:48] There are some there okay
[3:32:50] But also there were some requests here about loosening regulations and again
[3:32:54] I'm opposed to loosening regulations because they make our life harder
[3:33:01] But one thing that kind of pinged out at me is something about expediting removal of trees, hazardous trees.
[3:33:09] It's to me that's just to Lucy Goosey, often people will call it trees. Sometimes trees are hazardous.
[3:33:15] But all the times they're just called hazardous. And they're removed.
[3:33:19] And I know that all of us in science says that we cannot replace mature trees.
[3:33:25] like mature trees are actually non-replaceable.
[3:33:29] We could plant a million baby trees
[3:33:31] if we take down an ancient tree,
[3:33:34] but it will never serve the good within our lifetimes
[3:33:37] or for a thousand years,
[3:33:40] it won't do the job of an ancient tree.
[3:33:42] So I think we need to be very clear
[3:33:45] that we are not in favor of removing trees
[3:33:48] unless we absolutely have to,
[3:33:50] because when we remove trees,
[3:33:51] we make it harder for us to succeed.
[3:33:53] And we want to succeed, you know, I visit the treatment plants, they're cleaning up
[3:33:58] yuck, trees, health, earth, and instead of loosening regulations, maybe we could ask for
[3:34:05] funding.
[3:34:06] I get that the budget is going to be difficult, but it used to be that we had read an $80 billion
[3:34:12] surplus, and now we have like $20 billion in the red.
[3:34:16] I mean, there is a lot of flexibility there.
[3:34:20] You can't convince me otherwise, and we need how we need money, we need grants.
[3:34:25] Loans are nice, grants are better, and I think we should be aggressive about money in grants to us,
[3:34:36] so we can succeed in all of our missions, protecting our planet and providing water, and loosening regulations.
[3:34:43] I fear that's going to really make things harder. Thank you.
[3:34:47] Thank you. Thank you Director Dr. Smera.
[3:34:54] Thank you. That was why I was talking about having our session.
[3:35:00] So that we could talk a little bit more in detail about exactly what it is that we're trying to do with respect to homeless and how we can help and so on.
[3:35:11] And so I think we could take care of the wording of some of this and we'll respect to the policy.
[3:35:19] I think we're going to adopt what we have today with the understanding that we have our session.
[3:35:25] and we're of course I'm gonna improve what we've got today I think what we've got today is it's pretty good
[3:35:32] But I agree that you know we can we can certainly improve it when we when we meet in January
[3:35:39] So I'd approve I'd move to approve it we have again with the understanding that in in
[3:35:45] January after our session we'll have more more to add
[3:35:51] Got a problem. That's worth that's how it works. Yeah. Thank you director
[3:35:55] Director Keegan, you have the last words for the Board at this point?
[3:35:58] Okay, just since we're being expansive and looking at stuff a little bit in the future,
[3:36:06] some cities provide more than their fair share of housing and some cities do not,
[3:36:10] and I really think that we should support legislation that helps to correct either the jobs,
[3:36:18] housing imbalance or engage in regional sales tax sharing or other things of that nature,
[3:36:24] because certain cities are not doing their fair share
[3:36:28] and it exacerbates things like the homeless problem
[3:36:31] or even the fact that more residential kinds of cities
[3:36:39] aren't able to provide the services for their residents
[3:36:42] as much as those cities that have a very large business
[3:36:45] presence.
[3:36:46] That's it.
[3:36:47] Thank you, Director.
[3:36:48] You're going to appreciate that.
[3:36:50] That's all for discussion.
[3:36:51] Do we have a public comment on that?
[3:36:54] Thank you, Mr. Chair. We have no public common in these things.
[3:36:57] Okay, so this is an action item.
[3:36:59] I have a motion from Tony.
[3:37:01] Director Estimera and a second by Director Eisenberg.
[3:37:05] All those in favor signify by saying aye.
[3:37:07] Aye. All the pose.
[3:37:09] That motion passes.
[3:37:12] Thank you very much.
[3:37:13] Thank you very much.
[3:37:14] And that's the last item that we're going to be voting on tonight.
[3:37:18] So the next from Chief Executive Officer.
[3:37:22] 9.1, receive an overview of the fiscal year 2023-24 rolling by annual budget process.
[3:37:30] Mr. Taylor, oh,
[3:37:42] who is that, Mr.
[3:37:44] Good afternoon, I'm going to take it down the budget manager for value water and now we
[3:37:49] provide you with an overview of the fiscal year 2024 rolling by annual budget process.
[3:37:53] The purpose of this presentation is for you the board to receive a high level overview
[3:37:56] planning process and at the same time for you the board to provide any feedback as we work
[3:38:02] through the process itself. I will be going over the financial process where I will touch
[3:38:08] and governance policies, the financial planning process as we develop the by annual budget and
[3:38:15] also highlight a few delivery key dates. Next I'll speak to the themes such as a drought, inflationary
[3:38:21] pressures, and the possibility of a recession that may affect the financial development of the
[3:38:26] This will be followed by a high-level review of the inputs that are assumed as part of the first stage,
[3:38:32] as part of the first pass of the budget, and will review the boardwork, plans strategies that are considered as part of the budget development process.
[3:38:40] I will include a presentation by reviewing what the next steps are.
[3:38:48] So, until the next slide, the district develops the Bionneau budget in five-year capital improvement program to allocate public funds,
[3:38:55] necessary to provide silicon valley with safe clean water. The development of the budget and the
[3:39:01] capital improvement program are accomplished in an open and transparent process into the guidance
[3:39:06] of the board, and we also provide opportunity for public input. The district's financial
[3:39:11] processes are governed by the district that section 13 for taxation, section 20 for the adoption
[3:39:18] of the budget, section 26 for the levee and collection of water charges, and the board of governance
[3:39:23] policies EL4 guide the financial management, the planning, the budgeting, and ongoing financial
[3:39:30] activities.
[3:39:32] The district's financial processes comply with all applicable laws, regulations, and any
[3:39:37] policies at state level.
[3:39:42] In terms of high-level financial view of the planning process, it all begins back in the
[3:39:48] month of August and it works its way through the month of June.
[3:39:50] Over the past couple of months, staff has been very busy working on updating the long-term
[3:39:54] forecast on the CIP. We're now in the middle of the budget and come to
[3:40:00] January will be running three processes side by side. We'll have the budget groundwater production charges, the CIP process and also the budget process. And we think of all together to make sure that we don't develop any funding gaps as we put them all together to bring to the board.
[3:40:17] In terms of proposed key dates that affect these processes, there's one on this slide. For the operating capital budget, on January 24th, we're scheduled to bring you the first possible budget update.
[3:40:28] Of March 14th, we'll bring you the second pass, which will be more detailed in nature.
[3:40:34] We'll include and provide you with any new positions or and or any input that you provide after the first pass budget.
[3:40:42] Lastly, on April 26th, we will have our board budget or study sessions and those are very detailed in nature, so we'll review the decision by the decision.
[3:40:53] On January 10th, we will bring forth a preliminary groundwater charge analysis and also the CIP so that the board may see and discuss the CIP and also the right analysis that is affected by all the funding decisions that you make.
[3:41:10] On April 11th to the 25th, you'll have the public hearing schedule.
[3:41:15] In terms of the CIP for February 21st, the draft CIP will be brought to the board for approval.
[3:41:22] And then we kick off the 16-day review process with the local cities.
[3:41:27] On April 11th, we have the public hearings on the CIP and that's when they begin.
[3:41:32] Also, as part of each summary cycle, each summary cycle may be different as you may recall during the COVID-19 happened.
[3:41:39] So we can obviously include more check-ins with the board or adjust the schedule as necessary.
[3:41:50] And in terms of major budget themes, the continuing drought, increasing inflation,
[3:41:56] and the possible recession are affecting the development of our budget.
[3:41:59] On the water utility side, we expect short-term pressures on water rates due to the drought,
[3:42:05] and long-term pressures due to increasing capital project causes we've discussed.
[3:42:10] As planned, last fiscal year, we also plan to draw on the fiscal year 24 reserves to help us minimize the impact of the rate increases.
[3:42:20] For the watershed's extreme stewardship fund, we anticipate the need to prioritize projects due to the inflation of capital projects.
[3:42:28] While also being aware that we may have a potential recession that may affect property taxes, which is a primary source of revenue for this fund.
[3:42:36] Lastly, for the safety and water fund, we also anticipate the need to prioritize capital
[3:42:41] projects in order to address inflationary pressures or affecting the projects themselves.
[3:42:50] So a high level overview of the major inputs to the budget, we are maintaining the fiscal
[3:42:54] year 23 authorized positions in our budget, and also assuming the fiscal year 24 plan
[3:42:59] positions.
[3:43:01] That being said, the fiscal year 24 plan positions, if I'm going to be reviewed with
[3:43:04] CEO and the final recommendation will be brought to the board in the second pass after the first
[3:43:09] pass.
[3:43:11] So I'll reason benefits assume the approved labor contracts and we're also ensuring that the
[3:43:17] supplies and services requests are aligned with the board priorities.
[3:43:21] Lastly, the proposed budget for capital projects will be based on the fiscal year 24 to 28
[3:43:27] five year CIP program and those will be discussed on January 10th.
[3:43:34] In terms of the board work plan strategies, we have the board strategies that were developed for fiscal year 23, including as part of the development of the first pass.
[3:43:44] The second pass will reflect any new or revised strategies that board made the right.
[3:43:49] Any new board direction before the end of January would be incorporated as part of the second pass budget.
[3:43:58] In conclusion, the next test would be to incorporate any new board work plan strategies or direction that you provide to ourselves.
[3:44:05] And we'll execute on the touch points or the touch point dates that I've highlighted on the prior slide.
[3:44:11] And with that I'm ready to answer any questions that the board may have or address any direction that you do provide.
[3:44:17] Thank you.
[3:44:18] Thank you for your report, Director Eisenberg.
[3:44:22] Thank you so much for this.
[3:44:23] And I know that we're going to continue to discuss this.
[3:44:25] So this isn't any sort of, you know, conclusion there or whatever.
[3:44:29] And that we're going to work on this together, you know, as a group.
[3:44:32] So my question is, I didn't really realize
[3:44:35] that we have taxation power, which it looks like we have.
[3:44:41] So exciting.
[3:44:43] So my question is, do we have a working group
[3:44:46] or a committee who can discuss appropriate uses of taxation?
[3:44:51] And by that, I mean, passively taxing the biggest polluters
[3:44:56] to the extent they, and else I mean
[3:44:59] in a pro-gressive.
[3:45:00] In a way, not a regressive way. You know, the biggest polluter is like Cisco. You know, they could be taxed differently from if it's neighborhood mom and pop shop.
[3:45:10] You know, that kind of thing, as well as taxing water abusers, that kind of thing. So I think there might be some good ability to pay for the remediation of of the market externalities. That way. I love tax. Thank you.
[3:45:28] when it's done right.
[3:45:30] Question to be asked if there is a group called the financial sustainability working group
[3:45:39] that does meet on an ad hoc basis to discuss issues like pursuing alternative revenue
[3:45:46] sources and things like that and this could be a topic that the financial sustainability
[3:45:51] working group could pursue and discuss at an upcoming meeting.
[3:45:57] How do you fantastic and I love information about it?
[3:46:01] Yeah, I mean more money is good.
[3:46:02] Good, good, good, good.
[3:46:04] You have to swear.
[3:46:06] Thank you, Chair.
[3:46:10] This is my answer.
[3:46:12] It's so request.
[3:46:14] I'm bringing everybody down to the implementation level.
[3:46:18] So we're starting the second year of this two year rolling budget.
[3:46:23] And the idea that our hat, we started a year ago, that for this two year budget, is so that it's a more efficient process that our planning for two years simultaneously instead of to plan one every year.
[3:46:42] So, with what we're facing today, recession, inflation, and all the issues, and then likely
[3:46:52] make your changes in CIP and then financial resources, reallocation to various projects.
[3:47:03] And I don't even know what are the impact on the operations side.
[3:47:07] So my request is that staff to come back to the board later.
[3:47:15] All the process is complete.
[3:47:17] Maybe July, August, time turned.
[3:47:20] Not now.
[3:47:21] Everybody's busy.
[3:47:22] Maybe at the beginning of the next fiscal year.
[3:47:25] Just lessons learned that just this two year planning process work.
[3:47:31] Or it's basically the same thing as we're planning every year.
[3:47:35] So, that's the request.
[3:47:38] It's a good question, good comment.
[3:47:40] Good to be all.
[3:47:45] Budgeting?
[3:47:46] Budgeting?
[3:47:47] Can you hear me?
[3:47:49] Okay, I'll turn that off.
[3:47:51] With regard to capital budgeting,
[3:47:53] I'd like to see total project cost.
[3:47:57] Okay, what I mean is how much money was spent?
[3:48:00] The previous year is how much money was spent in the current fiscal year
[3:48:04] and then the five-year, during the five-year CIP,
[3:48:09] and then beyond the five-year CIP.
[3:48:11] So I get a good feel for how much money am I spending on this?
[3:48:17] And what I mean by that also is the categories
[3:48:20] of spending acquisition, planning, engineering,
[3:48:26] construction.
[3:48:28] So I get a real good idea of the total cost of a project.
[3:48:31] Now I can get a handle on, you know, is this an effective investment, okay?
[3:48:39] I'm interested in unfunded liabilities.
[3:48:43] They can be personal liabilities.
[3:48:44] So they could be equipment, physical facilities, you know, you know, what needs to be fixed.
[3:48:56] I mean, what I'm always, I'm kind of a,
[3:49:00] I've been, I've always traditionally affix it for a savacate.
[3:49:05] I want to know what your liabilities are out there.
[3:49:09] I don't know, this building looks nice, but I don't know.
[3:49:13] I have some other buildings that need to be, you know, like it's time,
[3:49:20] or any of the treatment facilities or other facilities that we have,
[3:49:26] pipelines, other kinds of things.
[3:49:28] what's on the list, what do you see down the road that we need to start planning on,
[3:49:35] chopping away at the unfunded liabilities.
[3:49:41] And then the last thing would be if you have
[3:49:47] that list and other things, what are the unfunded list of things that we have on our list
[3:50:00] Sometimes you got to look at what's not in the budget. You know, what's the unfunded stuff?
[3:50:10] You know, in terms of our mission.
[3:50:12] You know, what are we doing? So I'm interested in those are my informational kind of things that I use to make a judgment when I look at budgets.
[3:50:25] I also mentioned earlier in the meeting that I'd like to do community forums and stuff like that.
[3:50:32] I think I'd like to do one on the budget, just to see what kind of reaction I get.
[3:50:37] Maybe go to a community center and invite public and have a discussion on the whole issue of the water district.
[3:50:49] I think that's really good thing to do.
[3:50:53] I used to annually do a pancake breakfast,
[3:50:58] and I'd always invite like the superintendent of schools
[3:51:01] or some other official.
[3:51:04] We've had various legislators come and speak,
[3:51:08] budget people, department heads, and so forth,
[3:51:12] and they come and speak to the community
[3:51:13] and give a little presentation,
[3:51:16] and then people would enjoy it, sometimes most of people just want to hear what's going on.
[3:51:23] You know, so they like to show up and hear what's going on.
[3:51:25] And I think those kinds of efforts are very important for public agencies to do in terms of outreach on their budget.
[3:51:35] Okay?
[3:51:38] People like to be asked what they think of things.
[3:51:42] You know, that's very important. They just like to be asked, maybe they don't want to have an opinion about it.
[3:51:47] But, you know, you never know, you might have some 20-year-old come in, look at your
[3:51:55] come to your meeting, and then 10, 15 years ago, later the 20-year-olds running the
[3:52:04] water district.
[3:52:06] You know, you know, I'm saying, I mean, that's literally true, it's actually happened when
[3:52:13] And I had interns in my office from the university coming in as juniors at San Jose State
[3:52:23] and coming in, and then later becoming the city manager of San Jose, for example,
[3:52:29] Noberto Doña, so he'll give me his name.
[3:52:32] So you know, you stimulate these people by going out, having the community meetings and
[3:52:38] encouraging, you know, an interest in, you know, we always have to stimulate people's interest
[3:52:45] in what the agency is doing because that's, you know, that's really our best recruitment
[3:52:51] tool for staff. People that become interested in this and young people attending our meetings
[3:53:01] is the way we get people interested in what we're doing and recruiting people. I love to, I love
[3:53:07] to mentor young people in that way.
[3:53:12] So thank you for your budget presentation.
[3:53:15] Those are my comments, Mr. Chairman.
[3:53:18] Thank you, Director Bell.
[3:53:20] I'm very, very comprehensive comments indeed.
[3:53:22] The Director Kigan.
[3:53:24] Thank you.
[3:53:24] This is actually through the chair just to clarify
[3:53:26] a question for Director Bell.
[3:53:30] I think what I heard you say is that you want to see
[3:53:32] total project costs in the budget.
[3:53:34] And that would include ongoing operations and maintenance, correct?
[3:53:39] Absolutely, great.
[3:53:40] Thank you, I agree.
[3:53:42] Very good.
[3:53:44] That was the last board member to speak.
[3:53:45] Do we have any public comments at all?
[3:53:48] I guess.
[3:53:49] Thank you, Mr. Chair.
[3:53:50] I have no public comment at this time.
[3:53:52] OK, this item was informational.
[3:53:54] Only thank you for that report.
[3:53:55] I appreciate that.
[3:53:56] And next item is 9.2 CEO and Chiefs Report.
[3:54:01] All right.
[3:54:02] Good afternoon.
[3:54:03] Chair Pro Tembrella, members of the board, Rick Kalander.
[3:54:06] A CEO today will have a few reports.
[3:54:09] The first one we're going to be having, you actually do have a handout, which says local state federal grant update.
[3:54:15] And I'm going to ask for CFO Taylor to make a presentation on that.
[3:54:21] Then good afternoon again.
[3:54:23] And yes, you do have before you a
[3:54:26] The first grants update report, we plan to provide this report to the board on a regular basis going forward.
[3:54:36] We have a proactive and aggressive grant seeking team, folks from all over Valley Water, get together regularly to discuss what's out there from the external affairs team to finance to the capital team.
[3:54:49] And what we have before you on this is just kind of an update.
[3:54:54] We flex some successes that we've had in 2023, fiscal year 2020.
[3:55:00] We've been able to obtain $6.7 million with the grants, including a grant award, including 5.8 million for the cross-value pipeline extension.
[3:55:11] We have pending grant applications, meaning either submitted or about to be submitted, totaling just under $30 million, including $14.9 million that we're seeking for the coyote percolation dam replacement project and another 5 million for the coyote creek flood protection project.
[3:55:28] The report also highlights future grant opportunities that we're watching closely, including the large scale water recycling program created under the bipartisan infrastructure law, in which 450 million is available for eligible projects, which would include our own purified water project and the urban community drought relief program, which we're developing two proposals for 30 million dollars to support drought relief, and I'll pause there.
[3:55:58] All right, unless there's any questions which I do here, why do I do it this way?
[3:56:05] What about me?
[3:56:07] Okay, do I go ask me?
[3:56:09] This is just kind of a point of order really, and which is that the digital link, I should have said this before,
[3:56:15] like, it wasn't working.
[3:56:16] So can you can summarize this a little and I'll ask one of my colleagues to glance at their,
[3:56:21] because I don't want to print out.
[3:56:28] You want me to summarize the...
[3:56:30] Yeah, it possibly would be nice to hear.
[3:56:32] Or I can just look at it. It's up to you.
[3:56:33] Sure. And I did provide a very high level summary. Oh, there it comes right there. With regard to it's basically divided into a couple of sections one being the grant awards in fiscal year 23. Then we've got pending value water grant applications and then details on future grant opportunities both on the federal level and the state level.
[3:56:57] Thank you for your hard work and hopefully they'll be more coming.
[3:57:01] Now I'd like to go to Chief Benike to talk about our storm report.
[3:57:06] Sure, you have before you two sighted one page on the board, which reflects the storms up through yesterday afternoon.
[3:57:15] Since December 1st, we've seen 3.43 inches increase and two date through December 12th.
[3:57:24] in the Central San Jose storm gauge.
[3:57:27] In addition, the reservoirs total unrestricted capacity
[3:57:32] increased about 14% to 19% since December 1st.
[3:57:37] This is a good start to our winter.
[3:57:39] We hope to see additional rains.
[3:57:41] And just want to remind everyone it's important
[3:57:44] that community just continues to keep on conserving.
[3:57:47] This past weekend, Valley Waters EOC opened
[3:57:51] at the monitoring level three for the duration of the weekend.
[3:57:54] We had crews out in the area looking at our what we call hotspots, which is a bridge pure
[3:58:01] noses, et cetera, to ensure debris doesn't build up, and there was only minor flooding
[3:58:06] reported in parts of South County, specifically Mark and Hill at Westville, Yagas, close to
[3:58:12] Watsonville Road, and in Gilroy, a Malong Uvis Creek at Noir Avenue,
[3:58:19] and on Saturday, the tenth,
[3:58:21] Like I said, crews just spent their time cleaning racks, and that was I update if you have any questions that may not
[3:58:29] Thank you. That was great. And we have a tour of it. We're now for Chief Gibson to talk about
[3:58:36] Communications and the civic engagement activities. Okay. Thank you. See you calendar. Good afternoon.
[3:58:42] Chair Poitemembers of the Board of Rachel Gibson. She fixed one of the fairs. You have before you the monthly one-pager from the Office of Communications and one to just highlight a couple of items off that
[3:58:49] First of all, last month, we joined with Sacred Heart Community Service and the Chair
[3:58:54] Pro Tem to host a joint press conference to promote the importance of the low-income water-rate
[3:58:59] assistance program.
[3:59:00] The media garnered much local media interest, including coverage by NBC Bay Area, ABC 7,
[3:59:05] Delimundo, and Univision.
[3:59:07] And then in our ongoing drought and our conservation campaign, we've again teamed up with the
[3:59:11] San Jose Sharks.
[3:59:12] This time, on a public service announcement, it's going to feature Logan Kature, you might
[3:59:16] have already seen it actually on the television, continuing the important
[3:59:19] message of saying yes to say in water.
[3:59:22] To date, that video marks the third say yes public service announcement with a professional sports
[3:59:26] team that staff is produced and distributed.
[3:59:28] And then one quick set of engagement highlights applications for the fifth annual Water 101 Academy
[3:59:35] will be opened this week on December 15th, so we'd encourage all residents of Santa Clara County
[3:59:40] with an interest in learning about our agency and the three pillars of our mission to
[3:59:44] apply.
[3:59:44] Applications close on January 20th and the board will of course receive all applications for your district for appointment to the Academy
[3:59:52] That concludes my report. Thank you. I suggest you reach out to pretty boy
[3:59:57] Mr. irrelevant
[4:00:00] We're talking about. Come on.
[4:00:03] The 409.
[4:00:04] The hottest NFL player in the nation.
[4:00:07] We will definitely do that in a big, big, big, big, big, big.
[4:00:12] Mr. Chair.
[4:00:12] Mr. Chair, barring any other questions of me that will complete the CEO report.
[4:00:19] Any questions from the board? On these comments? On these reports?
[4:00:24] Well, that concludes our board meeting for today.
[4:00:33] Oh, that, that, that, hang on.
[4:00:35] Director Swail.
[4:00:36] Thank you.
[4:00:37] A bigger part.
[4:00:41] We're on 12.
[4:00:42] Yeah.
[4:00:42] Administration.
[4:00:43] There's nothing.
[4:00:44] So, board reports.
[4:00:47] Thank you, Chair.
[4:00:49] No.
[4:00:49] It's close to five o'clock.
[4:00:50] I will be as brief as I can.
[4:00:52] I'm reporting the CFP committee meeting this week and then our request for staff to bring to the
[4:01:08] January 10th work study session specifically related to
[4:01:17] a particular dam project. And I, in, in the discussion, I forgot
[4:01:23] two areas that I'd like to bring it up and then make
[4:01:28] test her board member request and add it on top of all the CFP
[4:01:32] committee requests the staff for the January test. So, a little bit
[4:01:36] background that what they say have become
[4:01:39] media asked after, or bring back related
[4:01:42] to a particular past, a particular reservoir.
[4:01:46] The first area is the affordability of the project.
[4:01:51] And then the second one is the, we call it,
[4:01:56] we call it a committee called the operation
[4:01:58] of efficiency and effectiveness that we know that
[4:02:01] particular reservoir needs to be an integral part of
[4:02:04] existing infrastructure and so are there any existing issues with the infrastructure that's
[4:02:17] going to affect using the water from a particular reservoir. For example, that we know
[4:02:23] Clara Reservoir is on the hub of our operation if we won't be able to do Clara Reservoir
[4:02:30] continue under the restriction for another 20-30 years, the exact effect of Pachico's
[4:02:39] operation or Elm of the Papp launch, same similar thing that the exact effect of Pachico's
[4:02:45] operation.
[4:02:46] So that's a second area that the committee asks staff to come back with.
[4:02:53] And then the third one is the adequate humor resources, both in the number and also the
[4:03:00] talent and then skills in managing our current capital improvement program.
[4:03:08] It's already big and with particular reservoir, what kind of resource that staff is anticipating
[4:03:16] is that feasible.
[4:03:18] And what I was driving home, I forgot that the most important thing that every time I have
[4:03:24] opportunity I would like to ask the same question is that how this this storage opportunity
[4:03:32] it's connected to our water supply master plan. So in the water supply master plan that
[4:03:38] how we're looking at other storage opportunities, how for example the groundwater banking
[4:03:43] outside the county, there's sites where there's lots of local cameras in addition to
[4:03:54] to both meeting the work study session for the annual map process staff proposed a decision
[4:04:02] framework.
[4:04:04] So I don't know whether it can be used for this annual tenure work study session to help
[4:04:10] the board in that regard.
[4:04:13] So that's one request to the second request is that under the affordability staff informed
[4:04:24] from the CIP committee that there will be much longer term
[4:04:28] but not our water rate projections for 10 years.
[4:04:32] And then on January 10th, there will be the young 10 years
[4:04:35] projection.
[4:04:37] So I think it will be helpful to board members
[4:04:41] to in that discussion to include that if we are supporting
[4:04:48] the agriculture water rate at 10% of the NNI rate.
[4:04:52] So we'll see one rate going this very steep slope that subs.
[4:05:00] I know people hate that word, subsidy, but that number will just be bigger. So how does that work? And then for the money come from. So that's my tool request for the January 10 meeting.
[4:05:15] All right. Thank you.
[4:05:17] Director Keegan.
[4:05:22] Oh, you don't have anything?
[4:05:23] Okay. So I'm going to suggest that we postpone our reports until next year.
[4:05:29] It's going to be fair to our two new board members, but we have nothing to report out, director Santos, what do you have to say?
[4:05:36] Yeah, thank you for that. I do want to make a little exception here. I think you're going to chance to say goodbye to director Kremlin.
[4:05:43] It had the opportunity to welcome Rebecca Eisenberg, our new director, and of course Jim Melod, known for years.
[4:05:49] So of course, I was a wonderful and sorrow family here today, we talked about the baseball player and so on.
[4:05:54] But I do want to take the time to recognize Director Kremlin.
[4:05:58] And thank you for the service of his listening.
[4:06:00] There's many things he did that were really helpful.
[4:06:05] And by the way, also, I want to take the time for the older group here in the water district.
[4:06:09] I had my 39th annual.
[4:06:11] I'll be so sad to program.
[4:06:13] Probably 100% we used the word very loosely around there about diversity inclusion.
[4:06:17] Well, this advantage community.
[4:06:19] And they were there with toothpaste and brushes and everything else.
[4:06:23] So going back to director Kremlin, I want to take the time because the came to his extraordinary
[4:06:28] leadership during the water storage committee that I'll stand in job prior to the drought and after the drought.
[4:06:37] And also with security and course the assistant water rate program, we really appreciate the
[4:06:41] him and Tony worked on that.
[4:06:43] And the last thing is he helped make his story, a point was here, the district, it was four of us.
[4:06:50] And one of them was Gary Crenner, who led the leadership, helped appoint the first Asian Hispanic
[4:06:57] American to this position of CEO. He also was very, very helpful in supporting our first
[4:07:04] black American, Red Calendar CEO. And also our first Hispanic legal counsel that a fantastic job
[4:07:10] that leadership. So I didn't have to teach Gary anything, he knew it. He came from the background.
[4:07:15] He represented a District 7 fine. And if you're listening, Gary, it'd best to you and your family.
[4:07:18] Thank you, Chair.
[4:07:21] Thank you, Director Santos.
[4:07:22] That was a nice honor.
[4:07:24] So, Mr. Bell, did you have your...
[4:07:30] I wanted to make a request.
[4:07:33] I'm interested in how many vacancies exist in the water district personnel.
[4:07:43] And I can talk to you later about it.
[4:07:47] But I think it's something that we should review, like to see.
[4:07:50] like we keep, okay, we keep asking them to do stuff, okay, and that's our
[4:07:56] snake concease. So sometimes, you know, we hit a point where, you know, they
[4:08:02] can't do all the stuff we wanted to do. And so I'd like to be aware of that
[4:08:07] or draw awareness to that subject by asking for just informing us about
[4:08:16] may be the management vacancies and so forth, so please please maybe we can develop a way of
[4:08:24] having a running tally of how we're doing, you know, hiring top staff and all that kind of thing.
[4:08:32] I'd like to be more closely aware of what's going on.
[4:08:36] Thank you.
[4:08:36] It's a good request.
[4:08:39] Director, did you have your, okay, I didn't see your signal of yourself?
[4:08:46] Oh, we quick.
[4:08:47] I promise.
[4:08:47] So I, I was thinking, I, you know, I agree so often with what my colleagues are saying.
[4:08:53] I just thought maybe we could explore having, um, to save time on behalf of, you know, a
[4:08:58] public, maybe we could have, I've seen this done elsewhere, like a plus one sign or something
[4:09:02] that we can indicate, you know, just also to show support for the ideas of our colleagues
[4:09:07] And also kind of to expedite meetings and tell, it's something to consider, you know, so we don't have to say, like I sometimes say, I really agree with so and so, just to just another thought.
[4:09:18] You know, oh, quickly to I wanted to thank Director Santos for his comments about my predecessor, and I want to make it really clear that I think nobody is all good or all bad, and I think that it's always best to give other people the benefit of the doubt.
[4:09:32] In terms of their goals and their priorities and and I absolutely do that with my predecessor and and you know, and I
[4:09:40] You know, I think there were content he may contributions and I'm happy to honor that I'm very honored to be here
[4:09:46] But I of course I give respect to those who came before me. Just once it was very kind
[4:09:53] So
[4:09:54] Proposed future board agenda items 12.2
[4:10:05] Are you wanting a list of future agenda item? There is quite a list. I have document in all the agenda items.
[4:10:14] Okay, you know what? We've got it. I have. So can you give the clarification on the board request?
[4:10:19] Okay. I'll put it that way.
[4:10:22] All right. Well, we'll do that. I have several requests here. I have a request from Director Bell for the January CIP work city session to identify projects that can be completed faster and save money for the constituent.
[4:10:35] of the county. Also looking to state funding matching opportunities for our projects, especially
[4:10:44] with the California Water Projects Bill, I believe that was just passed. Schedule the in-house
[4:10:51] workshop in January of 2023, which I'm sorry.
[4:11:02] Okay, well I originally docked documents across
[4:11:05] and become an action.
[4:11:07] And then I have the Request from Director Shua, the in July of August, the next year to return
[4:11:11] with the lessons learned on the two-year budget process.
[4:11:15] And then the two requests that you stated Director Shua, one, was include with the CIP, the
[4:11:22] Chaco information for the CIP in January, that how the Pachaco storage opportunity connects
[4:11:27] to the water storage master plan.
[4:11:30] And then I'm sorry, I didn't catch your whole Request regarding the Ag Water Rates.
[4:11:34] So I can touch faces with you afterwards on that.
[4:11:38] And then director Bell's request to provide
[4:11:41] and reoccurring report on the number of vacancies
[4:11:43] in the value water personnel.
[4:11:48] Thank you.
[4:11:49] So the last item on the agenda is to say to each and every single one
[4:11:54] of you, a very happy holiday, happy Hanika,
[4:11:58] happy Kwanza, Merry Christmas, happy New Year.
[4:12:02] And this was an amazing, wonderful meeting.
[4:12:04] welcoming our new board members here, the meeting flowed very, very well, I'm very pleased.
[4:12:09] We are adjourned until January 10th.
[4:12:19] I'm sorry, I didn't see that.
[4:12:23] Yeah, sure, of course.
[4:12:30] Marisol in San Jose, she's the head of the Washington Neighborhood Association, she was hit
[4:12:35] by a car and killed as she was marching with the community on a Pasada march down first street
[4:12:43] and Carter didn't hit her, killed her, and I'll get the name, it's a long name, it's
[4:12:55] got, but Marie Marisol, is her name.
[4:13:00] I'll get the full name for you, and we'd like to adjourn her memory, and send the family
[4:13:07] or condolences.
[4:13:07] Absolutely, the memory of Marie is Marisol.
[4:13:10] Marisol, with our condolences to the family, this Board of Directors meeting is adjourned
[4:13:18] in her name and her memory.
[4:13:20] And we will reconvene one PM on January 10th, 2023.
[4:13:26] Thank you, Board members.
[4:13:27] Thank you, Public.
[4:13:29] We are adjourned.