[0:05] Director Ballard, Director Bell, Director Eisenberg, Absent, Director Sheila, Vice Chair Santos, Director Verella, Chair Estrimera, you have a quorum.

[0:24] Thank you. So we have a close session items. We have 2.1, 2.2, we're going to do those now, and then 2.4 and 2.5, we're going to do after the open session meeting.

[0:39] So, we'll go to that close session.

[3:29] Okay.

[3:32] We'll call the meeting back to order.

[3:40] We'll have the district council give us a quick report on close session.

[3:45] Thank you, Mr. Chair.

[3:46] Carlos O'Reignant, Mr. Council.

[3:47] With respect to item 2.1, the board meeting close session

[3:50] with all directors accept director Isaac Drip participating

[3:53] and no reportable action was taken.

[3:55] With respect to item 2.2 and 2.3,

[3:58] the Boardman and close station with all directors participating and no report will

[4:02] ask him what's taken on either of those items. Thank you. Thank you, move right along to

[4:08] a pledge of allegiance. Director Ballard, would you lead us please?

[4:17] I pledge allegiance to the

[4:19] by nine states of America, to the Republic,

[4:23] or which stands, one nation, under the invisible,

[4:28] to liberty and justice for all.

[4:31] Thank you.

[4:36] And on orders of the day,

[4:42] we have a request

[4:43] and we are going to defer agenda item 3.4 to a future meeting.

[4:49] And then other than that, I'll get right on with the meeting and our process first.

[4:58] I asked if we follow these.

[5:00] With guidelines to ensure smooth and consistent flow for today's board meeting, presentations and questions, board members, please allow

[5:10] presenters to complete their presentations before asking questions unless designated breaks for questions that

[5:16] provided, board member questions and comments should be limited to three minutes. The board member at the end of their three minutes can

[5:24] request an additional two minutes from the chair.

[5:27] If granted by the chair, they may continue

[5:28] for the additional two minutes.

[5:30] The clerk of the board will serve as a timekeeper,

[5:33] and please respect the time limit.

[5:37] Public comments, I will invite public comments

[5:39] after the board has spoken.

[5:42] All members of the public have provided three minutes

[5:44] to present their comments to the board.

[5:47] Motion's in voting, following public comments

[5:49] I will call for a motion and second before proceeding

[5:52] with a role called vote.

[5:55] Confidential subjects are share the board of the

[5:58] Valley Warner District.

[5:59] I would like to take a moment to underscore the critical

[6:03] responsibility that each board member has to uphold the

[6:06] confidentiality of any ongoing

[6:08] personnel investigations in accordance with our governance policies.

[6:13] Our fiduciary duties to the taxpayers of Santa Clara County.

[6:18] This duty extends not only to a financial stewardship of the district,

[6:21] but also to ensure the integrity of our processes and the trust placed in us by our stakeholders, including employees, leadership and the community.

[6:31] During these investigations, we may be privy to extremely sensitive personal information in our official capacity as elected leaders of this agency.

[6:40] It is paramount that we respect the privacy of those involved and maintain confidentiality.

[6:46] Sharing or discussing this information outside of authorized and appropriate channels could jeopardize the fairness and integrity of that process and expose the district to unnecessary legal reputation and financial risks.

[7:00] Please note that the professionals with great expertise and experience of carrying out the duty and body of work with which we've entrusted them.

[7:10] I appreciate everyone's adherence to our governance policies and this group's collective commitment to the governance of the district.

[7:17] If a board member begins to discuss confidential subjects, they will receive a warning and then be asked to leave if they continue.

[7:25] Code of Conduct. As a reminder, as board members, we are committed to ethical business like a lawful conduct with appropriate decorum, has stated in our Board of Directors Code of Ethics and Conduct.

[7:38] If a board member is out of order mode in two to three times, I will last in the take a five minute break from the days.

[7:45] If they rule that order again, they will be asked to leave for the remainder of the meeting.

[7:50] If they do not leave voluntarily, then unload and then under state law and value order ordinance 22, that's zero three, they can be ordered to be removed.

[7:59] I really hope that we never have to get to that.

[8:01] And all board members will follow the code of ethics and counter and I rule the decorum.

[8:06] by following these guidelines, we can issue an efficient and productive meeting.

[8:11] May I have a motion to accept these guidelines?

[8:15] Those are motion to say aye.

[8:18] Opposite.

[8:19] No.

[8:19] Moving right along to.

[8:22] Time open 3.3.

[8:24] Time open for public comment on any item that's not on our agenda.

[8:28] Not as a time for any members of the public that might want to address us on any issue that's not on our agenda today.

[8:35] Do we have any requests?

[8:36] Thank you, Mr. Chair. We have no requests to speak online or in person.

[8:42] So we'll move right along to 3.4 is the item that's been deferred. So we move 3.5.

[8:52] Which is a public hearing to consider adopting a resolution of necessity relating to the acquisition

[8:58] of real property interest from Robert Clinton, Milit Peck, Lady Nyember, Lani Arimberg, Kevin Peck,

[9:05] Patty Antelate and Wesley Clinton, necessary to complete the coyote quick flood protection project.

[9:11] Project number 2, 6, 1, 7, 4, 0, 4, 3, APN, 4, 72, dash 12, dash 0, 0, 1.

[9:19] Real estate file number 40, 21, dash 13, 73.

[9:25] Good afternoon.

[9:26] I'm Tony Estremer, chair of the Board of Directors of Valley Water.

[9:29] I'd like to welcome everyone attending the meeting.

[9:32] The public, this public hearing, to consider adoption of resolution and necessity relating to acquisition of real property interest from the following folks that I previously mentioned.

[9:45] In order to complete the Coyote Creek, flood protection project that hearing is not open.

[9:50] The hearing will be conducted as follows. First, the board will hear from Valleywater staff providing facts that will support the finding set for it in the resolution and necessity.

[10:00] The information provided by staff will be incorporated into a part of an informed deliberations of this hearing.

[10:07] After the presentation, probably only will have an opportunity to address the board regarding the findings set forth in the resolution necessity, then the board will commence the hearing.

[10:17] The hearing is the time for public comment. I will call speakers and the order of speaker requests are received. Each speaker shall have three minutes to address the board regarding this matter.

[10:28] The public comments are received and property owner has been afforded an opportunity to address any outstanding points made during the public comment period.

[10:38] The board will close the public hearing.

[10:41] If the board made this cut to finally support in the adoption of the resolution and subsidy,

[10:45] I made that request for valuable stuff and the property owner.

[10:49] Finally, the board will make a decision on whether or not to adopt the resolution and necessity

[10:53] and approval of this resolution requires a two-thirds vote to five out of seven votes.

[11:00] Anyone wishing to address the board may do so by filling out a speaker card and submitting it to the clerk

[11:05] or use your raise hand function in the Zoom meeting application to identify yourself in order to speak.

[11:12] It's because we'll be a lot of three minutes. Only only one speaking opportunity per person will be accepted.

[11:18] Speak of cards are now available from the clerk value water will now open and conduct the hearing for agenda item 3.5

[11:25] The proposed acquisition by eminent domain and property located near key street and center road in San Jose own by those mentioned I invite

[11:35] Madu to Malurud

[11:37] Capital engineering manager to commence presentation for the plant pick and I am brew property

[11:43] Madu

[11:44] Good afternoon. Good afternoon, chairs from Iran. Members of the gold. My name is Madhu Kamalal.

[11:49] Capital engineering manager in the water shared to design and construction division.

[11:52] In the following slides, I'll provide information to support the findings set forth

[11:57] in the resolution of necessity for the subject property in the PIT quick flood protection project footprint.

[12:05] The findings to be made at this run hearing are first to establish. There is a public need for this project.

[12:11] And then to establish that the project is designed in a manner that's most compatible with the greatest public good and least private engineering.

[12:20] And then to determine that the property is necessary for the project.

[12:24] And lastly, we need to establish that the offer is made to the property owner, in accordance with section 7267.2 of the government.

[12:37] First finding is regarding establishing the public necessity for this project.

[12:41] The project is needed to protect the properties along the KITCREAT from Montague Expressway to Tali Road against the flights that occurred in February of 2017.

[12:53] That flight is generally referred to as a 20 year flight frequency and other benefits of this project include preserving the creek habitat and also reducing the long term maintenance in the long run.

[13:08] On this map, you can see the extends of the KIT Greek flat protection project, so the project was divided into two phases in response to the February 2020 fork order.

[13:19] The phase one project is also referred to as a KIT Greek flat management measures project and the construction of the project is already completed and the board approved that work in June of this year.

[13:30] On the phase two, our KIT Greek flat protection project will begin construction in the mid-2026,

[13:39] and the combined flat protection project extends or the north from Montague expressway to the Tally Road in the south,

[13:46] and the project is kind of divided into five different reaches, and this public hearing is for one of the properties located in Reach 8.

[13:58] The project design is constrained by the geography of the creek, the vast majority of the

[14:03] chaotic creek flows through the private property and the public parks.

[14:09] This leads to

[14:10] our next finding that the proposed project is planned, located and designed in a manner

[14:16] that will be most compatible with the greatest public good and least private injury. This was

[14:21] achieved through a holistic approach to the project design using the hydraulic model to determine

[14:26] the best way to prevent the flooding while preserving the existing habitat as well as avoiding

[14:31] the private structures. And the design also intends to preserve the habitat and native vegetation.

[14:40] Regarding the CQA compliance, value water as the lead agency prepared the environmental impact report

[14:46] for this project and it was certified by the board in the March 11th, 2025 board meeting.

[14:55] and this project requires like 62 property acquisitions in return.

[15:01] The subject resolution is being proposed for one property that is owned by Robert Clanton, Bill Red Peck, Nedine, Ironberg, Lani, Ironberg, Kevin Peck, Patty, Antelog, and Wesley Clanton, they're all in.

[15:16] this property is in reach eight.

[15:22] This property is necessary for the project. The flood protection

[15:25] elements will be constructed adjacent to this parcel and there will be, there is a need to

[15:33] have this parcel as a permanent easement to be able to construct and maintain the flood protection

[15:38] elements after construction as well. This map shows a quick overview of where this subject property

[15:45] is in reference to the overall project, the red arrow kind of shows the approximate location of this

[15:53] property that we are talking about.

[15:58] This slide shows like a more details of the proposed

[16:02] parcel and the permanent easement we are trying to acquire to orient yourself like

[16:07] north is pointing towards the top and the story road is at the bottom of the page and the south

[16:16] represents the property boundaries and the green sharing kind of represents the permanent

[16:20] easement that we're trying to acquire.

[16:26] And a little bit more information about the subject

[16:28] property as I said earlier like Fred Wall is located not on this parcel but right next to this

[16:33] parcel and the project will maintain existing access and minimizes the impact to existing structures

[16:38] and other recreational facilities out there.

[16:45] And the last finding is to make to make in the

[16:48] is that the offer required by the government code section 7267.2A was made to the owner of record.

[16:56] The government code offer was made to the property owner of record on August 6, 2025,

[17:01] and was not less than, and was not less than the failed market value.

[17:06] And USPS has confirmed that the offer package was delivered to the owner's PO box,

[17:12] and here is a quick chronology of the acquisition of efforts, which began like back in April of

[17:23] this kind of concludes the staff's presentation and after the board receives the comments from the public staff is ready to answer any questions.

[17:52] Thank you.

[17:56] Have you heard the presentation and the attention for who will recommend it?

[18:03] Okay, we'll have a roll call, please.

[18:06] Director Ballard?

[18:07] Yes.

[18:07] Director Ball?

[18:09] Director Eisenberg?

[18:12] Director Shua?

[18:13] Yes.

[18:13] Vice Chair Santas?

[18:15] Director Verella?

[18:16] Yes.

[18:16] Chair Estremera?

[18:17] Aye.

[18:18] Motion passes.

[18:19] Thank you.

[18:22] A move right along to the 2.6.

[18:28] Conduct the public hearing to consider adopting a resolution and necessity, relating to the acquisition of real property from an unknown owner.

[18:36] That's fairly complete the coyote quick for a protection project.

[18:39] Project number two six one seven four zero four three.

[18:42] Real estate file number four zero two one that's five twenty seven.

[18:53] Good afternoon. I'd like to welcome everyone to attending the meeting.

[18:57] The public hearing, there's a public hearing to consider the option of resolution and necessity relating to acquisition of real property interest from unknown.

[19:05] owners to complete the coyote-create flood protection project that hearing is not open.

[19:10] The hearing is conducted as follows. First, the board will hear from valley water staff providing

[19:14] facts that will support the findings and the set forces and the resolution and necessity.

[19:19] The information provided by the staff will be incorporated into will be part of

[19:22] Anne and former deliberation for the hearing. After the presentation,

[19:27] the property owner will have an opportunity to address the board regarding the findings set

[19:31] in the resolution and necessity, then the board will commence the hearing. The hearing

[19:35] is the time for a public comment. Of course, speakers in the order of that the speaker

[19:40] request will receive and he speaks to have three minutes to address the board regarding the matter.

[19:45] After public comments are received and property owner has been afforded an opportunity to address

[19:49] any outstanding points made during the public comment period the board will close the public hearing.

[19:55] The board may discuss the findings supporting adoption of the earth.

[20:00] Resolution and necessity. I made that request and the valley staff and the property owner. Finally, the board will make a decision as to whether or not to adopt the resolution and necessity and approval of this resolution requires a two-thirds vote five out of seven votes. Anyone watching to address the board may do so by filing out a speaker card and submitting it to the clerk or use the raise hand function in the Zoom meeting application to identify yourself in order to speak.

[20:27] It's because we'll be a lot of three minutes.

[20:29] Only one speaking opportunity for person will be accepted.

[20:32] Speak cards are not available from the clerk.

[20:35] Valley Water will now open the conduct the hearing for agenda 3.6

[20:38] and propose acquisition by Emily Don'tman, a property located near 18th Street

[20:42] and East San John Street in San Jose owned by unknown owners.

[20:48] I invite Madu to Malaroo, a capital engineering manager to commence the presentation

[20:53] for the unknown owner is property.

[20:56] We do.

[20:57] All right.

[20:57] Good afternoon.

[20:58] Chair, Mr. Mayor, and members of the board.

[21:00] Mr. Tumulu again,

[21:01] capital engineering manager in the Watershirt's design and construction division.

[21:05] So some of these slides are pretty much the same as previous presentations.

[21:09] So, but we just have to go through this.

[21:13] In the following slides,

[21:14] I'll be providing information to support the findings set

[21:17] forth in the resolution of necessity for the subject property

[21:20] on with by an unknown property owner within the CIT Creek fluid protection project footprint.

[21:25] The findings to be made at this public hearing are first to establish the public need for this project

[21:31] then to establish that the project is designed in a manner that is most compatible with the greatest

[21:37] public good and least private engineering. Then to determine that the property is necessary for the project

[21:42] and lastly to establish that the offer is made to the property owners in accordance with section

[21:48] 7267.2A of the government code.

[21:54] First finding is to establish the public necessity for this project.

[21:57] The project is needed for the product to protect the properties along the CITCry from Montague

[22:03] expressway to Tali Road, against the flood events that occurred back in February of 2017,

[22:09] which was also approximately like a 20 year flood event. The other benefits of this project

[22:14] include preserving the creek habitat and reduce the long term maintenance.

[22:21] On this map,

[22:22] You can see the extends of the KIT Greek flat protection project. The project was divided into two phases, back in February of 2020 in response to the Federal Energy Regulatory Commission order.

[22:33] The phase one is referred as a KIT Greek flat management measures project and the project construction is completed and the board approved the work as complete in June of this year.

[22:43] And the phase two our KIT-KRIC flat production project will begin construction in the early

[22:48] 2026 and the combined flat production project extends around Montegi Expressway in the

[22:55] north to Tally Road in the south and it is a total project is approximately 9 miles long

[23:02] and this global hearing is in regards to a property located in Leeds 6.

[23:11] The project design is constrained by the geography of the creek.

[23:14] the vast majority of the creek flows through the private properties and the public parks.

[23:21] This leads us to our next finding that the proposed project is planned, located and designed in a manner that will be most compatible with the greatest public good and least private engineering.

[23:33] This was achieved through a holistic approach to the project using the hydraulic modeling to determine the best way to prevent the flooding while preserving the existing habitat as well as avoiding the existing structures.

[23:46] and the design also intends to preserve the habitat and native vegetation.

[23:52] Regarding the SQL compliance, a value water as a lead agency

[23:55] prepared the environmental impact report for this project and the ER was certified by the Board

[24:00] of the this board on March 11th of 2025.

[24:07] The project requires lexics to property acquisitions in

[24:10] reaches 4 through 8. The subject resolution of necessity is being proposed for one property

[24:16] on by an unknown owner and it is in reach 6. This property is necessary for the project. The flood

[24:26] protection element will be constructed on a portion of this property and this parcel will be

[24:31] needed to be permanently available in order to construct the flood protection element and also

[24:38] maintain the flood protection element after the construction is complete.

[24:44] This map shows the subject

[24:45] property located within the project limits and the red arrow shows the general area of the property.

[24:52] This slide shows slightly more details about this parcel to orient yourself like

[24:56] North is pointing up on this map and the North 18th.

[25:00] State is at the bottom of the page and the Roosevelt Park is on the other right side of the

[25:05] creek and the creek is going through the middle of the middle of the page. And the white lines kind

[25:11] of represents the property boundaries and the proposed berm that is being constructed as a flat

[25:16] protection element, so that is shown in the orange color and the entire parcel is being proposed

[25:22] to be acquired in fee.

[25:27] And as I said earlier, the berm is located in the on our property,

[25:31] the parcel will be used for construction of the berm and the future maintenance of the flood protection elements.

[25:39] The last finding is as the owner has not been identified, no offer was made in accordance with the government court section,

[25:50] 7267.2A, a courtesy notice for the public hearing was posted at the property on September 11, 2025.

[25:59] And this concludes the staff presentation after board receives the comments.

[26:05] I'll stand by to answer any questions.

[26:08] Thank you, Madame.

[26:12] Derek, the bell.

[26:15] Yeah, the only confusion I had on this was it's an unknown owner.

[26:22] And did we do our due diligence in terms of title reports and title examinations?

[26:31] In terms of this property, but we failed to discover who the owner was.

[26:37] Yes, yeah, there was a quite extensive research done like we worked with a tightly company.

[26:41] We also talked to that just in property owners.

[26:44] Yeah, there was.

[26:46] Was there any reason why there was an unknown owner here that you're aware of?

[26:51] It just how did it become a property that has an unknown owner?

[26:56] Yeah, I don't know. I think probably the industry can help me, but this was this parcel was proposed as an extension of a street.

[27:05] The public street like back in the day, so and it never materialized like city, never built a street across the street.

[27:12] So, and so that's the main, please, and like basically even when we go to the counter regards like they don't show this parcel as like.

[27:22] They don't access any fees on this particular parcel.

[27:25] Okay,

[27:28] Mr. Chairman, that answers the question.

[27:31] Yes.

[27:32] The mystery is not solved, but you have to proceed with our due diligence.

[27:38] Thank you, Director.

[27:40] Any other questions?

[27:43] We'll now receive comments from members of the public.

[27:46] I don't see any requests.

[27:48] Thank you.

[27:48] I know a request to speak.

[27:50] I have none for me, so I'll entertain the motion to close the public hearing.

[27:53] So for Mozart's AI, I, of course, say no, functions will write along then to,

[28:02] I'll entertain a, I'll entertain motion for approval of the resolution.

[28:11] Thank you, roll call please.

[28:13] Director Ballard, Director Bell, Director Eisenberg?

[28:18] Director Shua? Yes.

[28:19] Vice Chair Santo?

[28:23] Vice Chair Santo? Okay.

[28:24] Director Verella?

[28:25] chair, extra mayor. I motion passes. Thank you, Michael clerk. Move right along to our

[28:33] consent calendar for a point one on. I'll take 4.1 out out of order and I request a

[28:42] motion for the remainder of their second.

[28:47] Hey, there's any resolutions in here.

[28:52] Yeah,

[28:53] there is one but those four motions say aye. I'm opposed to no book off 4.1 because I have some

[29:01] speakers. So we'll start right away with Bavani Yorampur. That's the new one is.

[29:07] Good afternoon chair and members of the boat. Thank you very much direct rest Mara and members of

[29:12] the boat. I'm Bavani Yorampur, who I'm here in the capacity as an executive sponsor of the

[29:16] in the American Association employee resources group. I would like to thank you the boat and our leadership

[29:22] for your commitment to inclusivity. It is truly an honor to be working for rally water to be here

[29:28] along with the membership of IAA who is sitting here in this board room to support this resolution. Thank you.

[29:36] Thank you, Pratitara.

[29:43] Pratitara. Good afternoon. Good afternoon, Chair and members of the board. I'm Pratitara,

[29:47] President of the Indo-American Association Employee Resource Group. And I would like to thank you for

[29:53] your ongoing support and for taking this meaningful step in recognizing our the Vali recognition.

[29:58] celebration.

[30:00] Which this year will be marked by a luncheon event on October 28, which is two weeks from now. So please do join us. Thank you.

[30:33] It serves, but also it reflects in its work every day and in its work culture.

[30:41] Thank you for your leadership.

[30:44] Thank you.

[30:47] See you in the further quests.

[30:50] So, entertain motion to Dr. Resolution and we'll have a local.

[30:57] Director Baller.

[30:58] Director Ball.

[31:00] Director Eisenberg.

[31:01] Director Sheila.

[31:02] Yes.

[31:03] Vice Chair Santas.

[31:05] Mr. Mayor.

[31:07] Resolution passes.

[31:08] Yes.

[31:08] Have it.

[31:09] Thank you.

[31:14] We'll move right along to 5.1.

[31:19] Adaptive resolution.

[31:20] Amendment in the Santa Clara Valley.

[31:22] What a district conflict of interest code.

[31:27] I think.

[31:28] What is it?

[31:29] Can I leave?

[31:38] Well, this is an questioning.

[31:41] Hi.

[31:41] Hi, Chair.

[31:43] as to where we have the, finally, the adoption of the resolution,

[31:49] emitting the Santa Clara Valley Water District,

[31:52] conflict of interest code, basically just a bit of a summary

[31:57] that's something that we have to do based on the 1974

[32:01] political reform act.

[32:03] We really review all of our job hostings,

[32:06] our job descriptions to ensure any of our classifications,

[32:09] we need to update them, add any or remove any as needed and so today we have for your consideration

[32:18] updating the code by removing three classifications that no longer exist adding five new

[32:24] classification and updating 19 based on their classification titles and so we have this ready for

[32:30] the board's approval.

[32:33] Thank you.

[32:34] So I have a motion and a second and any questions.

[32:40] Roko.

[32:41] Director Baller.

[32:43] Director Bell.

[32:44] Director Eisenberg.

[32:46] Director Sheila.

[32:48] Vice chair Santas.

[32:49] Director Verella.

[32:51] Chair Estimera.

[32:52] Motion passes.

[32:53] I'm sorry.

[32:54] We'll move right along the five point two.

[32:56] Receive an overview of the annual.

[32:59] Capital Improvement Program, Development Process, and the Integrated Financial Planings

[33:04] Good.

[33:05] Good afternoon, Board.

[33:07] Jessica Foss, our business planning and analysis unit manager will be presenting today.

[33:16] All right.

[33:16] It's good afternoon, Chara Stramar, members of the Board.

[33:20] I'm pleased to be here today to provide an informational presentation on the Capital Improvement

[33:24] Program's Development Cycle.

[33:26] The presentation is intended as a refresher for the Board and the public on how our CIP

[33:30] is developed and where engagement opportunities occur.

[33:34] Today, I'll cover two main areas, how projects are identified, validated, and added or removed from the CIP, and the integrated financial planning schedule, which shows key milestones and engagement points.

[33:46] Note, I will not be covering the board decision making tool today in detail, instead we'll be bringing those back to the board in November with updated criteria for the board's direction from the August workshop.

[33:59] Okay, let's not advance things, so sorry.

[34:10] The development of our CAP5, your plan moves through four phases.

[34:15] And that includes evaluation, preliminary draft and final,

[34:20] with board and community engagement points woven throughout this process.

[34:24] These include targeted outreach of public hearing with advertisement and a 60 day.

[34:30] we have a phantom bear with me one moment please

[34:56] okay I'm gonna go ahead and see if I can advance

[35:02] All right, it's not working.

[35:07] Okay, here we go.

[35:10] So this also includes, as I was mentioning, engagement points with targeted outreach of public hearing, with advertisement in the 60-day public review period.

[35:19] Our annual cycle starts at the onset of the fiscal year with a request that capital project managers update their project plans to reflect changes to project scope schedule and cost.

[35:27] In the fall of each year the CIP and Finance staff compiled this data along with updated from the updated project plans along with the operational forecast information and run financial models.

[35:39] This information helps inform the development of the recommendations and the board's decision making process throughout the preliminary draft and final iterations of the five year plan.

[35:48] Annual Cycle concludes at the end of the fiscal year with the Board's adoption of a resolution proving the plan and final production and publishing of the adopted CIP-5-year plan.

[35:58] On this slide, you see the Orange Circle's Mark engagement points for feedback from the CIP Committee and the Board and Yellow Circle's Mark decision points.

[36:06] You can see here that each year our annual cycle begins with an opportunity to validate new capital projects and present them for consideration for inclusion in the CIP.

[36:17] The drivers for these new projects begin with the board's end policies, which feed into master plans, program plans, and asset management program.

[36:26] New projects are born out of these large scale plans and programs that are introduced into the CIP through our validation process.

[36:35] For each potential new project, staff develops a business case to compare capital, non-capital, and non-asset alternative solutions, evaluate the life cycle cost of these solutions,

[36:45] and identify a recommended solution that minimizes life cycle costs while balancing service levels in risk.

[36:51] If the respective deputy officer approves the business case, it is considered to be initially validated.

[36:56] Between October and November each year, these newly proposed initially validated projects will be presented to the CAP Committee in Board,

[37:03] along with the list of currently unfunded projects that have been validated during prior years, for review and comment.

[37:09] Committee in Board feedback will be considered by the CAP evaluation team,

[37:13] when preparing the funding scenarios and recommendations for the CIP preliminary five-year plan.

[37:21] So how our capital projects added are removed from the CIP. This year, this topic is especially

[37:26] important given the information on funding challenges presented during the August 29th Board Workshop.

[37:32] As mentioned earlier, we will be returning to the Board in November to discuss updated prioritization

[37:36] criteria for the Board's direction, and this will help inform the recommendations presented

[37:42] by the CIP evaluation team.

[37:45] The CIP evaluation team, which includes the CEO, ACEO,

[37:49] chiefs and deputies from divisions involving,

[37:52] involved in initiating delivering, implementing,

[37:54] and operating capital projects, will meet in November

[37:57] to consider the feedback received from the board

[37:59] and analyze the financial models.

[38:01] The team will determine which, if any,

[38:03] and funded projects should be recommended for inclusion,

[38:05] and whether any of the currently funded capital projects

[38:08] should be recommended for reduced scope, phasing, removal,

[38:11] or placement on the unfunded list for the next CIP-5-year plan being developed.

[38:16] To ensure Valley Waters High Priority Business deans are met and adhered to board policy,

[38:20] the CIP evaluation team reviews the project space upon the board's priorities, assets

[38:25] remaining lifespan, available funding, and urgency of investment.

[38:29] Funding scenarios that include these recommendations will be presented to the CIP Committee

[38:33] for review and feedback in December, along with the CIP Preliminary Five-year Plan.

[38:37] In addition, the committee will receive an overview of significant project plan updates

[38:41] from the prior years adopted five-year plan. Each January, CIP and Finance staff update the funding

[38:47] scenarios to include staff and CIP committee recommendations which will be presented to the

[38:52] full board during a funding scenario workshop as part of the CIP preliminary five-year plan

[38:57] and groundwater charges item. Each year direction regarding the capital project funding is provided

[39:02] by the board through its approval of the CIP preliminary five-year plan.

[39:09] Moving into next steps,

[39:11] Our integrated process includes the CIP by annual budget and water charges development cycles that work in parallel each year to ensure aligned outcomes.

[39:22] Our integrated calendar here shows the specific committee and board meeting dates for these cycles, including placeholders for the safety and water public hearing process, which will likely be triggered this year, based upon the information provided during the August 29 board workshop.

[39:37] And we'll be confirmed with a board when we return in November.

[39:43] Closing out our informational presentation I just wanted to note that the CIP is designed to be a

[39:47] transparent, structured, and responsive process that balances infrastructure needs, financial impacts,

[39:53] and community input.

[39:54] I thank you and I welcome your comments or questions.

[39:57] Thank you Jessica any

[40:04] Thank

[40:09] you. Thank you chair. I want to comment about the last slides on next step, with these lines of activities.

[40:21] And the same presentation was presented at the most recent capital program coming in meeting.

[40:31] And there was a discussion about the two lines about Safe Queen Water Public Hearing

[40:39] process, if required.

[40:41] The discussion was about the initial intent of this change process for the Safe Queen

[40:51] water, it's more focusing on communicating with our partner agencies, particularly cities,

[41:00] we've seen Santa Clara County about how the Safe Queen Water Tax is managed and what's the

[41:09] challenge and what's accomplished and what's being challenged and that they laid. Those kind

[41:19] of a communication with our partners and then all the cities

[41:24] which in Santa Card County.

[41:28] So I think it will be a good idea to make a day on going

[41:33] process every year that we go through this exercise

[41:38] always with our partners versus that when it's required

[41:45] a public hearing process. Our requirement for public hearing is pretty far, it's pretty high,

[41:54] so likely that there will be, every so many years that will require public hearing. So yeah,

[42:02] I just want to make that point at the CIP coming, discuss it, and I think it will be a good

[42:08] idea to incorporate that into our overall process plan.

[42:14] And just to note the parenthesis if required, it's just a placeholder, we didn't want to get ahead of the process by making an assumption that we would be holding a public hearing, but we do believe we will need to this cycle based on the financial analysis presented in August.

[42:30] Okay.

[42:34] Director Ballard?

[42:38] Oh, sorry.

[42:40] Question for you and I just thought of this as you were doing the presentation.

[42:45] and so apologies about putting it on the spot and I'm new.

[42:51] I can say that for at least a year, which is fast approaching.

[42:58] So, for folks who are on this board, I think most of us up here, all of us up here are

[43:04] very interested in continuing to build off of the good work of the organization to be pushing

[43:10] our projects in a direction that views things through a very nature-based lens.

[43:17] I mean, at this point, I, as someone who's been here for a year, I watched the Capitol

[43:22] and Hoover and Program Committee, and the projects are already kind of baked at that point.

[43:30] And I'm always thinking, oh, you know, have we done a robust evaluation of the ways that

[43:35] could be shaping these projects in a way that are really leveraging nature-based solutions.

[43:41] So my question for you is, for someone either on a status or out in the audience who really

[43:48] wants to continue to push the organization towards those kinds of projects, shaping projects

[43:53] in that way, can you talk a little bit more about how this process does that? I would imagine

[44:00] It's like very early in the process, right?

[44:02] We've got the ends policy, kind of starts there.

[44:05] As you mentioned, you've got the plans and stuff like that.

[44:08] And these projects are born out of that stuff.

[44:11] So I'm just kind of very high level, you know,

[44:14] how would one go about helping to shape things

[44:17] in a way that really see things more through that lens

[44:20] and or like what are the ways that that is already happening?

[44:24] Certainly, thank you for the question.

[44:27] So I brought us back to this slide here, highlighting

[44:29] the box that focuses on Master Plan's program plans and asset management program and having

[44:38] interested parties engage in the development process for these Master Plan's and programs.

[44:44] I think would be a great way to provide that level of feedback because these programs and plans

[44:51] are looking broader more holistically and I know included in this are the Watershed Master Plan's

[44:57] the Safe Clean Water Program which does have.

[45:00] Party defined projects, voter approved. But what does Prime Minister plan again has an engagement process

[45:07] where we bring it forward to the board? Any sort of opportunities like that to provide feedback or

[45:12] engage in the development of the plans? I think is a great way to include that type of feedback and input.

[45:24] I can also add that once a project is in the delivery process, there's alternatives that are

[45:28] that and what the consultant also helps us with is identifying different criteria to rank different

[45:35] alternatives. So when we look at those criteria it could be efficiency cost of course

[45:43] operations and maintenance how we're going to maintain it in the future with that looks like

[45:46] and we compare different alternatives. That information or those alternatives are brought to the board.

[45:52] So, if the criteria is something that you want to look at, obviously, you know, when you see

[45:59] the plans or the proposed project, those are something that we can do also.

[46:09] Dr. Shura?

[46:11] Thank you, Chair. I'd like to add a couple of things on top of what Steph just responded.

[46:21] as the chair of the Captain Povement Program.

[46:27] This chart is showing that how a proposed project

[46:33] is getting into the Captain Povement Program.

[46:36] And it really does not get into what the project is.

[46:43] So for example, the Kaori Creek Flo Protection Project

[46:47] that we just approved a M in the domain of these parcels. That project was in capital improvement

[46:55] program. I don't even know how many years ago, but then it takes the planning study design phase

[47:02] to figure out what the project is about. So at the capital improvement program committee, we reviewed

[47:11] status of projects that's already in the CIP program. So the planning feasibility phase, planning

[47:19] phase design phase, and construction phase. So that's where the project alternative comes

[47:27] about and that's how the criteria will drive her to get a project into a more nature-based

[47:38] solution.

[47:41] And many projects takes many years going through planning-based design-based

[47:46] to know what the project is really about. And it's actually Jessica and Luc, they're not in

[47:56] that process is the people who sits down there.

[47:59] They're the one that's driving or working together with the community,

[48:06] with the interest in party, with the board on where the project direction is.

[48:11] So I hope that's helpful.

[48:16] For the questions.

[48:18] I can just thank you.

[48:21] I'll move right along to 5.3,

[48:23] complete, I guess the board member and vice chair handle that.

[48:27] Thank you Mr. Chair, five point three,

[48:30] a plane against a board member.

[48:32] Recommendation, pursuant to Governor's policy six,

[48:35] point five, point seven, point one,

[48:38] consider the request of the Vice Chair of Santus

[48:40] to form a ethics and conduct at hot committee

[48:43] to timely address a complaint against a board member.

[48:50] Do I have some of the ones to speak?

[48:52] Oh, sorry.

[48:54] Yeah, keep going.

[48:55] Director, I'm sorry.

[48:56] Is this my complaint?

[48:58] Again, someone or is this someone's complaint against me because if this is my complaint, again, someone, it's not appropriate for Vice Chair Sanctose to be on the ethics committee because my complaint that I'm hoping this is my complaint.

[49:12] a direct vice chair, Santa is one of the people I'm complaining about.

[49:18] So, I think it's weird that one I made a complaint,

[49:23] and I don't know if this actually has to do with my complaint or not.

[49:28] And two, if this does have to do with my complaint,

[49:31] I don't know why I haven't had an opportunity to articulate it.

[49:36] I mean, this is, that's not how this is supposed to work.

[49:43] Legal counsel, go right ahead, please.

[49:46] Thank you.

[49:47] Dr. Eisenberg in accordance with the governance policies of the board, 6.5.7.3 and

[49:52] from our information regarding the nature of the complaint must be kept to a minimum,

[49:56] and the identity of any complaint and witnesses must not be disclosed.

[50:00] But if I'm the complainant, that confidentiality belongs to me and not to anyone else, I, I own the confidentiality over my own complaint, isn't that true?

[50:15] That is true, but that would probably be in that it's true. Can I please be told whether this is my complaint or not?

[50:23] I think that's fair. Yes, that is, this is your complaint.

[50:26] Okay. This is my thank you. This is my complaint. I own the privacy over it. I'm waving the

[50:34] privacy to say that my complaint is about continued pattern and practice of discrimination,

[50:41] hostile environment, mistreatment of me, public abuse, private abuse, physical threats,

[50:49] threats of violence, threats of lawsuits, which constitute psychological abuse,

[50:57] You know, abuse of behavior like threatening me but not giving me the threat directly, you know, sending it to off to some lawyer that's not my lawyer, you know, and then expecting me to receive it.

[51:09] You know, vague threats against me and my complaint is that all of this is in order to engage in a pattern and practice of concealment, a cover up of a legal activity.

[51:24] That is my complaint. I am ledging against all of my colleagues and including the chair, including the district council, including the head of HR and the acting studio and the current CEO and I expect this to be investigated.

[51:48] And I am entitled to say that the treatment of me is illegal, and that this is done in order to protect illegal conduct.

[51:57] And, you know, in order to be cooperative, I'm not going to go through the nature of the illegal conduct, but it is my right.

[52:04] There is no confidentiality or privacy as to crime or fraud. There is no privacy for commission of a crime.

[52:14] And falsifying public record is a crime.

[52:18] In fact, it's a felony.

[52:20] Check guys, I'm very, this is veering from the publicly noted.

[52:23] So I, my image.

[52:26] We just want to, we just want to focus on the

[52:30] complaint that you have already.

[52:32] You have not heard my complaint.

[52:34] You have not heard.

[52:35] You have not heard.

[52:36] You have not heard.

[52:37] You have not heard.

[52:40] You have not heard.

[52:40] what the governance policy will just like this agency added 50 more details to its initial

[52:47] complaint against me. I'm entitled under these policies to state my entire complaint and not

[52:55] what I put in email at that time. I can choose that it's inappropriate for me to put all the details

[53:00] of all the illegal actions taken against me and I'm entitled to put not put in that email. All

[53:07] of the hostel and I mean I was literally crying for the first part of this meeting because

[53:13] of the way I was treated by officers of this organization earlier.

[53:17] Things smirk that, I rolls yet laughing at me, well I'm talking about, you know, violations

[53:25] of ethics and then turning me into the wrong door for defending myself, I'm allowed to say to

[53:34] stop laughing at me, stop rolling your eyes at me, stop mocking me. That hurts me. I'm

[53:41] allowed to say that. That is not pointing out or thinking, you know, speaking directly, you

[53:47] are tingling out anyone. If someone is mistreating me, I have the right to say you're mistreating

[53:54] me. That is not abuse. That is me asking to be treated with respect. I know why this is happening.

[54:01] I know exactly what has been happening at this district.

[54:07] Every time I try to talk about it,

[54:10] like what is going to happen in a closed session after this,

[54:13] I am sued for violating closed session.

[54:18] Let me be very clear.

[54:19] Nothing I know is from closed session,

[54:22] because I don't learn anything at closed session.

[54:24] Everything I know is from victims

[54:27] and from other public documents.

[54:29] And I should not be sued for publicly stating information that I learned in legal ways.

[54:37] And this is abusive. You are out of line. You are abusive.

[54:41] You are trying to.

[54:42] This is abusive.

[54:43] I've had three minutes.

[54:45] We're going to put you out of order.

[54:47] And if it keeps on going, you're going to be removed.

[54:49] This is a bad thing.

[54:51] One more time.

[54:52] This is 5.3.

[54:54] This is my information that I have to provide to the fire.

[54:59] Well, so I liked it

[55:00] Go ahead and do this. Well, you have your objection, your tannery. If this is my

[55:04] retribution work, you are out of order. This is my complaint. This is the consensus of the board.

[55:10] Are you with me on this? I'm out of order. When I can't say my own. I may say,

[55:15] what is this? This is the law here. It's not going to be talking to the board. So, just a point

[55:21] of order. This is based on the complaint that you have filed specifically around a holiday.

[55:26] And so I don't want to religious discrimination.

[55:30] So well, the fact that I asked a reason why I

[55:34] commented, you are extremely beyond what was publicly noticed and what the public has not

[55:38] opportunity to comment on.

[55:40] So I just want to refocus us back to section 6.5.7.

[55:44] The night they'll make a virus.

[55:46] That that was not it and then make a vote on the committee in accordance with the policy.

[55:50] My complaint is also against the vice chair because he harassed me, he stood up and said he was

[55:56] going to point it to finger at me and threaten to get security on it.

[55:59] That was not part of the-

[56:00] Yes, that was in my email. Yes, that was in my email.

[56:03] It in my email also stated that this is just one example.

[56:06] So actually, you're mistaking my email, and I don't appreciate that.

[56:11] It's actually against the law to mistake public records.

[56:14] And my email is a public record.

[56:16] And it is also against the code to this code that you say you're enforcing

[56:21] to limit my complaint to one example.

[56:24] that was just a symptom. It's not the illness. What I am complaining about is a pattern in practice

[56:31] that the public has been able to witness of how I am treated, that when I object to the treatment

[56:36] of me, I am told I'm out of order. I would go to a return. I didn't bear a govast you two times.

[56:43] As I said, when I finished 5.3, would you allow me to continue? Well, you are not the

[56:48] person to sit on the third time. Rebecca Eisenberg, you're out of order. What is the

[56:54] board of orders? You want to take a pause and then talk to our security, but remove

[56:59] the director Eisenberg. This is exactly what I'm saying. Please note this what I'm saying.

[57:04] Director Verella, what's your opinion here? I want a motion to carry on with item 5.3. If

[57:12] he does not allow us to continue, we'll take a recess and then come back and she'll be removed.

[57:18] I think that you're continuing.

[57:19] I think my point.

[57:20] Is there a second?

[57:21] There's a second.

[57:22] There's a motion by Mr. Verella.

[57:23] Second by Nyshua to continue.

[57:26] That's what we'll do.

[57:26] Five point three.

[57:29] To continue means to delay it for the next meeting.

[57:33] I have a script here to read with all seriousness.

[57:37] Five point three.

[57:38] This item.

[57:38] I am the person making the complaint.

[57:40] This is retaliation.

[57:43] You are engaged.

[57:43] This item relates to a form of complaint against a board member.

[57:46] The complaint generally excuses the board member of discrimination and hostile workplace under our governance process, the vice chair is responsible for handling this complaint.

[57:58] According to our processes, I am required to ask the board if you would like to create an ethics and conduct ad hoc committee of myself and one other member to address the complaint.

[58:09] If the board does not approve my request to form a committee, then I alone will address the

[58:16] complaint in accordance with the government policies of the board.

[58:21] To be clear, today we are only discussing the formation of a committee and not the substance

[58:28] of the complaint itself.

[58:31] As a governance process explicitly states, for the public meeting on the Vice Chair's request,

[58:37] the rights of the complaint and the witnesses must be respected and the information regarding

[58:44] the nature of this complaint must be kept to a minimum and the identity of any complaint

[58:49] and witnesses must not be discussed. Anyone who violates our government's process will be ruled out

[58:58] of order. The government's policy of the board further requires the vice chair shall nominate

[59:04] an additional member of the committee as part of the request.

[59:09] At this time, I'm not a nominating Director Nayshuah to be part of the committee if formed.

[59:17] Director Nayshuah, do you agree to this nomination?

[59:24] I want to do it.

[59:25] Thank you.

[59:27] The committee will consist of myself and Director Nayshuah.

[59:30] Do I hear a motion to create an ethics and conduct at how committee of myself

[59:36] and to recognize you, to address the complete recede.

[59:40] So note, there's a motion by our director, Virello.

[59:44] I was second that.

[59:45] There's a second by director, too.

[59:47] Any further discussion on this?

[59:51] I'm going to read it.

[59:52] All of favor?

[59:54] Excuse me, Chair.

[59:55] We do have some public comments online.

[59:57] Would you like to hear those first?

[59:58] Here we go.

[59:59] I'm sorry.

[1:00:00] We have Mr. Peter Vendike. Go right ahead, Peter. Good afternoon, folks. I just want to preface this with a comment, with the fact that I am a staunch defender of representative democracy and the First Amendment, and I treat all people with dignity and respect when I deal with them. I'm just trying to figure out how you can say you are acting in the public interest.

[1:00:29] When you have completely silenced District 7 with the punitive

[1:00:33] pettiness of an infinite censure of one of your directors.

[1:00:38] And I might add, I've been attending a lot of the meetings

[1:00:41] and the hearings over the past couple of years.

[1:00:45] And some of this stuff seems quite trivial and there's a lot of time

[1:00:48] and money being wasted on it.

[1:00:51] I think that she's a director, she's elected by her constituency.

[1:00:55] you should let her speak. You can always automatically overrule her. So, I don't really see what the big deal is.

[1:01:02] Especially when you have a former CEO who is under investigation for who knows what and is collecting a full salary while under investigation.

[1:01:11] So, how much money has been wasted on all this and time?

[1:01:15] You guys, you got, you got rejected by the water commission for Pacheco Reservoir.

[1:01:21] We need to focus on the issues of the ecology and the water and the population growth and how we're going to manage that going forward instead of wasting time going after one of your associates.

[1:01:36] Like I said, you can automatically overload. So what's the big deal? Thank you.

[1:01:41] You woke up, we have Ms. Deborah Golden,

[1:01:47] a Golden Golden?

[1:01:49] Yeah.

[1:01:51] Hi, I'm just keeping track of what's going on because I was one of the people who worked

[1:01:56] to get Rebecca Eisenberg into office.

[1:01:59] And I'm listening very carefully to these proceedings, and you may not like what she's saying,

[1:02:06] and you don't like the way she's presenting what she's saying.

[1:02:08] But I'm hearing what it sounds like to me with you director Centos is you just making things up

[1:02:16] I'm in it really I don't know enough about law, but I know that a director Eisenberg knows the law

[1:02:21] And you guys don't and that seems to be very clear

[1:02:25] And I just want you to know that I'm watching it and that it's very

[1:02:28] offensive and a fence to

[1:02:32] Democracy and represented you know being representative and you're supposed to you know serve the public and that's not what's going on here

[1:02:38] Yeah, that's what I want to say, and I will see you in person at the next meeting.

[1:02:45] Thank you

[1:02:46] Okay, we have a motion in a second. We'll have a board

[1:02:52] Michael take roll call

[1:02:54] on this

[1:02:55] Who right here?

[1:02:58] Director Ballard director Bell director Eisenberg

[1:03:03] I don't know what this is this this is a false this is complete

[1:03:08] this is to create a committee about a complaint I made that this represents the complaint.

[1:03:12] I mean, and I mean, and I have people who are most of the bill about figuring a vote.

[1:03:17] Well, you can't have a committee to you know, they're yes or no. Well, there should be a committee,

[1:03:24] but it should not be people I'm complaining about in it. So I don't know whether that's yes or no.

[1:03:31] There should be a committee, but my complaint is about vice chair.

[1:03:35] And it's about to wrap your talking over me and that's this is something you say you don't like when I do talking over someone when they're speaking

[1:03:45] It's not speaking over me. I am not done. There should be an event with the roll call vote

[1:03:53] To act to Sheila for the record. This is abusive. Yes

[1:03:58] Correct. Vice your Santos. Yes. Director of Aurella. Chair, Estimera.

[1:04:05] Thank you. Motion passes.

[1:04:07] The records.

[1:04:09] I mean, I mean, it's not been formed.

[1:04:12] And not you and myself or on the end, how committee will take the appropriate measures in accordance with

[1:04:17] Governor policies that aboard to address this complaint.

[1:04:20] You're not taking it wrong.

[1:04:21] It is not appropriate.

[1:04:22] It's not a complaint.

[1:04:24] It is not appropriate to put people on complaining about on the committee.

[1:04:28] that violates your roles. And that is crazy. Right, we're back to board committee reports

[1:04:34] 5.4.

[1:04:41] Then if there any questions regarding our committees? Okay, we'll move right along to 8.1.

[1:04:49] Approve amendment number 1 to agreement number 850198 with Rincon consultants incorporated

[1:04:56] For my environmental planning and regulatory committee service

[1:05:00] , for the Anderson Damned sideman project, Project 119186405, increasing the not to exceed fee of 3.600, but 3.600, 1,000 for revised total not to exceed fee of 5.135,000 and extending the agreement term to December 31, 2021.

[1:05:21] Brian, good afternoon.

[1:05:26] Yes, good afternoon, Chair and Board Directors. I'm Ryan McCartard,

[1:05:29] Deputy Operating Officer of the Dam Safety and Capital of Lurory Division. So yes, we do have an

[1:05:33] amendment here for this ringcon agreement that was originally executed in April of 2024,

[1:05:41] and they came in to help us complete the draft and final EIR for our SQL requirements, and they

[1:05:47] achieved that with great success and along the way, it developed a lot more cultural needs

[1:05:53] for investigations and mitigation monitoring and reporting requirements, so that's what the bulk of this amendment is for and also extends their agreement out to the end of 2028, which will be the second year of the Anderson construction.

[1:06:06] Now I'm here to take any questions.

[1:06:22] Questions?

[1:06:22] and update on the particular reservoir expansion project, close up, project number 919-540-02.

[1:06:33] Sorry. Oh, sorry. I thought I had it on the, sorry. Same, same. Yeah. All right,

[1:06:41] they point to the sorry I'll come back to 8.2. I was a resident of Chief Executive Officer

[1:06:45] to negotiate an execute. And I'm compared to the single source agreement for a nine part.

[1:06:49] 12D independent consultant safety inspection report of Anderson Dam from geosynthic consultants incorporated

[1:06:57] We're not to see the amount of 825,000 for the dam safety project number project number 91008

[1:07:06] 1007

[1:07:07] Yes, good afternoon again, so this one is for the Anderson Dam, but actually not for the seismic retrofit project

[1:07:13] So this is a comprehensive assessment that's required to be done every five years as a federal

[1:07:18] regulated dam under the Federal Energy and Regulatory Commission. So this will be our ninth report

[1:07:24] with this nature and it's a little bit tricky because we can't use any consultants that are

[1:07:28] doing anything else for us on the dam. So that kind of ruled out all of the other consultants

[1:07:34] and left one remaining so that's why we had to use a sole source agreement to give them this

[1:07:38] agreement to perform this assessment.

[1:07:42] For the, to prove the last one standing.

[1:07:48] Yeah, let's see if we need, we don't need a roll call, all right, go some motion to say aye aye opposed say no

[1:07:56] Stations, right down to 8.3 as I mentioned before as receiving up the number to check the risk of a special project close up project, right?

[1:08:04] Yeah, so I'm going to hand this over to Julianne O'Brien who's been working diligently on a close out items to give a brief update.

[1:08:11] Right. Thank you. Actually, I'm going to get afternoon.

[1:08:13] Hi. Okay, so I'm going to provide a brief update on the close-out process progress for the

[1:08:21] Bichaco Reservoir Expansion Project. So we've, staff has reviewed and identified a list of tasks

[1:08:28] required to document and preserve all the project records and work products to facilitate development

[1:08:35] of future projects as well as closing out the project. And they largely fall into four categories.

[1:08:40] consultant coordination, real estate, external funding, funding agreements, and then other tasks.

[1:08:48] So for consultant coordination, we staff informed the consultants of the board decision and

[1:08:54] provide direction to stop work on prep components on August 27 following the board meeting.

[1:09:00] Since then, we've been coordinating with the consultants on developing a scope and budget for a close-out

[1:09:05] last quarter that would be issued to the consultants and this will be used to compile, preserve, and deliver all project documents and records to date.

[1:09:16] Then for real estate we reviewed the list of permission to enter agreements which had no fees associated with them as well as other access agreements.

[1:09:26] monitoring equipment will need to be removed from three of the sites, in one case additional

[1:09:31] access rights will be required and will negotiate those at appropriate time. Once all the

[1:09:37] equipment has been removed from those sites, staff will then seek to terminate the agreements

[1:09:42] with those three impacted properties. No action is required for the other field investigation

[1:09:47] access agreements. Additionally, value water entered into an option agreement to purchase a

[1:09:54] property on Cedar Creek and staff is currently determining the appropriate next steps.

[1:10:00] We'll provide a status update to the board in the future on that one. We also have an option agreement with

[1:10:05] Pichaco Passwater District. This was to purchase north fork, dam and reservoir at the completion of the design of the project.

[1:10:13] Part of this option agreement also includes access rights. Additionally, we've got monitoring equipment on this property as well.

[1:10:21] Once Valley Water has removed all of that equipment and no longer needs access to their property, we will terminate that agreement.

[1:10:29] The external funding came from two main sources, a wifio loan and a grant from the water storage investment program.

[1:10:38] For the wifio loan staff has already submitted a formal request letter to the EPA to terminate the loan.

[1:10:44] We had not drawn upon that loan prior to the board's decision.

[1:10:48] The EPA has provided the termination agreement that will need to be approved by both valley waters board and the public facilities financing corporation board.

[1:10:57] It is anticipated that this item will go to the PFFC Board in November, and as far as the water storage investment program staff has submitted a formal letter to the California water commission to withdraw from the program.

[1:11:16] And staff will also be attending the commission meeting tomorrow to provide an update and answer any questions from the commission regarding the withdrawal.

[1:11:26] And then other closed-out tasks include closing or terminating a variety of agreements, such

[1:11:32] as the MOU we have with San Miguel County Water District, an interconnection agreement with

[1:11:38] PG&E through the power and water resources pulling authority and several agreements with

[1:11:43] CalTrans for some of the prep elements that have been a long state route 152.

[1:11:49] Additionally, staff will coordinate with records and library staff to achieve archive all

[1:11:54] project files once the closed out task orders are complete and this will include a closed out report from staff that we are compiling.

[1:12:02] With that stand five for questions.

[1:12:04] Thank you Ryan and all the staff and all you folks that worked you've done in any comments.

[1:12:10] Go right ahead.

[1:12:14] Go ahead.

[1:12:16] So.

[1:12:17] Great.

[1:12:18] I'm being contacted.

[1:12:19] I have been contacted by several constituents that I represent in district one and also.

[1:12:25] from the San Bonito region as well, as to the potentiality of keeping this project alike.

[1:12:32] And not

[1:12:35] what we're being asked to do today.

[1:12:38] So, I'm asking the board if there's a consideration to want to put this on the shelf

[1:12:43] until we really make the determination that we want to eliminate this project for the future.

[1:12:48] There was some interest.

[1:12:49] At the time, we had collaboration with people in that particular part of the area.

[1:12:53] including from the Pahro Valley region as well to have the continuation of this project move forward.

[1:13:01] So would it make sense to not put the nail in the coffin, but to put this on the shelf and continue

[1:13:07] this conversation at a future meeting maybe next year or year after that or for the next board

[1:13:12] that comes in replace some of us for consideration? That's my question.

[1:13:16] Yeah, thank you, John. We'll let the or CEO address that.

[1:13:20] Yes. Thank you, Director Verla. I appreciate that question and that is exactly what staff is intending to do.

[1:13:26] Okay. By going through this detailed close-out process, archiving everything, putting it away in a manner that we can look at it again if we'd like to.

[1:13:34] The main thing we're doing is giving up the whistle money. We're giving that back to a good point.

[1:13:39] Right. However, in the future, if our water supply master plan shows that we should pursue this, then we would be on our own and we'd have to start with, you know, start over with different partners,

[1:13:48] but not through the water storage investment program.

[1:13:51] We would have to now return with you.

[1:13:53] I mean, we can't put that in consideration as well.

[1:13:56] I believe that we have already terminated the with you along.

[1:14:00] I'm looking to Darren.

[1:14:01] We have already done that on this project.

[1:14:04] And I don't know if you want to address that, Aaron.

[1:14:13] Good afternoon, Darren Taylor, Chief Financial Officer.

[1:14:15] What we have right now is a termination agreement from the EPA.

[1:14:19] We have not signed it yet.

[1:14:20] but we are in process, heading that direction.

[1:14:25] Well, don't need to close.

[1:14:28] What's the point of what they're thinking?

[1:14:30] It's really,

[1:14:32] don't want to close.

[1:14:37] In the demo, actually, now.

[1:14:39] So we have a sign, we have a sign in the agreement

[1:14:41] to return the fund.

[1:14:44] We'll try to go to the net.

[1:14:46] Well, good, don't worry.

[1:14:48] Should I have a sentence, James, next?

[1:14:49] All right.

[1:14:50] Hey, should I have a sentence?

[1:14:52] Let's go.

[1:14:53] Um, a couple of things.

[1:14:55] You can one, reading through the brief in the...

[1:15:00] And the agenda packet was just a reminder, you know, it's easy for us up here to say, okay, we're going to pull the plug on this. So we're going to shelve it in a way that makes it so that we could potentially build off of work that we've already done in the future. Should we choose to do that. So I just want to acknowledge that that it is easy for us to make that decision. And there's just so much work that has been done and just unwinding it. There's so much work and.

[1:15:30] So I want to say that, and also at the meeting where we did pull the plug on this, Tara

[1:15:38] Stamera, you know, I think legitimately and sincerely got very emotional in recognizing

[1:15:44] the staff hard work that went into this. And so I just, I, you know, I was reminded of that

[1:15:51] in reading the material. I also given what Dr. Borella just mentioned and related to that point.

[1:15:57] I think we need to be on the board need to be really, really clear on what the direction is,

[1:16:03] so that it doesn't feel like, okay, you know, any given Tuesday we're like, hey, let's start it again.

[1:16:07] And then next, no, let's, let's pull the plug and no, let's change. So I appreciate what you just said in

[1:16:14] clarifying what is the decision that we made, what are we doing? And I think we, we just need to

[1:16:21] be really clear about that and not be changing our minds every other Tuesday. I'm comfortable

[1:16:27] with the decision that we made a month ago or so. I think it was clear. I'm not necessarily interested in changing it at this point, and so I just wanted to say that.

[1:16:44] So, looking at this memo.

[1:16:47] Please correct me if I'm wrong, but it looks like approximately $75 million was spent on consultants.

[1:16:58] Kenny, I'm sorry can you turn on your mic please?

[1:17:01] Yes, I believe that's correct.

[1:17:03] So can you confirm that that's correct?

[1:17:06] 70, approximately 75 million dollars spent on consultants.

[1:17:10] I don't have the memo in front of me,

[1:17:12] but if that's what it was included in there,

[1:17:14] then that's correct.

[1:17:16] Yeah, that's what it was included there.

[1:17:18] And then underneath it,

[1:17:20] it said there was a reference to minor consultants

[1:17:25] and then about a million dollars for property access.

[1:17:30] in a different, what is the total amount?

[1:17:37] I mean, I really only see as to expenditures,

[1:17:42] listing consultants and real estate where their contractors,

[1:17:52] construction companies, things that don't qualify as consultants.

[1:17:57] No, but we had some minor, some smaller consultant agreements that were under $50,000 and so those were in a separate category and the, the one that was listed was for the, the main consultant, a calm and their subs.

[1:18:15] So, how about was there purchases of any equipment? Yes. And is that represented here?

[1:18:21] the in the total cost that has been spent to date at the hundred million. Yes. Okay, so the total and and are we going to get a breakdown because right now. Okay, so I see.

[1:18:32] I see only approximately 75 plus one like 76 million dollars. Where's the breakdown on.

[1:18:42] equipment expenditures, we did not get into that level of detail in this memo. So to me 24 million dollars is

[1:18:52] not a detail.

[1:18:54] I think that the public should know how that

[1:18:59] un, you know,

[1:19:00] unscribed 24 million dollars of money spent on Pacheco was spent and it I shouldn't have to guess was this is spent on equipment

[1:19:12] You know how much was spent on legal fees in you know

[1:19:17] In losing the lawsuit pretty badly. That was sued against us by the stop the

[1:19:24] to take a damn coalition, are those legal fees and the penalties that we were ordered

[1:19:34] to pay and that we settled to agree on only maybe $300,000,000, rather than maybe the $500,000

[1:19:44] that they asked for.

[1:19:45] Those are maybe $12 million or more legal fees included also in this in the $100 million.

[1:19:51] So, I think that the water commission is going to want a breakdown, and I think...

[1:20:00] The public is entitled to a breakdown. Right now, we see only 76 million. Can you please provide that breakdown of the missing 24 million? If it is included, I don't see it called out.

[1:20:17] So can you please provide that level of detail for next meeting or whenever and make sure it's publicly released because I'm sure you agree that $24 million is not a detail.

[1:20:31] Yeah, we can include that or include more information and if you drop date.

[1:20:36] And tomorrow, when you speak with a Watt State Water Commission, because I see that it's still

[1:20:42] on the agenda, are you going to be providing to the State Water Commission this level of detail?

[1:20:50] That was not something that they'd asked for.

[1:20:52] The presentation tomorrow is going to include a brief update as to how the board came upon the decision

[1:20:59] on August as well as some of the benefits that came out of the project with the early funding

[1:21:04] agreement money. Well, I read actually the agenda item and that's not what the agenda item says.

[1:21:11] It says it wants to know more like why this board without asking the board, I guess, you know,

[1:21:20] made the determination to stop all work on this dam and it asked really what mistakes were made.

[1:21:29] And how we can learn from our mistakes.

[1:21:34] And, you know, I don't read any sort of benefits.

[1:21:38] The benefits are what we learn from the mistakes that were made.

[1:21:42] Of course, that's something that they want to ask

[1:21:45] because so that other water districts don't spend waste a hundred million dollars.

[1:21:52] So last quick question, is there a presentation?

[1:21:54] you're going to be providing in in deck form or in written form or otherwise to the water commission tomorrow.

[1:22:01] There is no presentation. It is just speaking points that it will be in R&CU, Maloney Richardson and Ryan McArthur.

[1:22:10] So you'll be answering questions and what are you going to say about what mistakes remain and what you learn from them?

[1:22:18] I'm going to refer that to Ryan since he's doing that presentation.

[1:22:23] Yeah, I did not see that in the memo for the agenda tomorrow at the water commission and we've

[1:22:29] also spoken with the staff and they prepared us for what the commission has asked for.

[1:22:33] And that is talking about what we did in the early funding agreement and joint cost sharing with the water commission.

[1:22:40] And that's what I'll be talking about.

[1:22:41] I guess it's just my interpretation of the agenda item, which I don't have pulled up in front of me.

[1:22:46] I mean, that's to me what the agenda item asked for.

[1:22:50] I mean, of course, anything is open to interpretation.

[1:22:55] I just, for me, that seemed like how I interpreted it.

[1:23:00] So, and I do think that's what they would want to know.

[1:23:03] But I guess we'll see what happens tomorrow with that.

[1:23:07] I guess I just do want to offer my opinion

[1:23:10] that I think that organizations and individuals

[1:23:13] come off better when they take responsibility

[1:23:18] for their actions. And just like in baseball, every even the best players strike out or make errors.

[1:23:28] The problems arise when they either can't shake it off or when they deny it.

[1:23:35] So, I just hope that, you know, tomorrow's meeting will reflect high integrity and courage.

[1:23:45] So, this isn't easy, I'm certainly not saying it is, but we're talking about a $100 million

[1:23:53] of public money that was spent. And, you know, while lawsuits were being filed and the

[1:24:01] public highly objected, and at least one board director, it was opposed to this the whole

[1:24:05] time. So, I'd like to think that maybe a lesson learned is listening to the public more.

[1:24:13] Anyway, thank you.

[1:24:16] Director Bell.

[1:24:20] The agenda item was to close out for this item.

[1:24:28] And it didn't have the breakdown of where the money was spent.

[1:24:32] So I would like to request the staff prepare us with a detailed report about the money that was spent on this project.

[1:24:44] And if that could be done, I'd appreciate it.

[1:24:47] I think it's pertinent to the agenda item.

[1:24:51] The second thing would be the question I had was how much-

[1:25:03] So we did not purchase any property, because we could not do that since we had not completed

[1:25:09] the sequence analysis. We did have option agreements on two different properties and those

[1:25:17] were the ones that I mentioned earlier that we will.

[1:25:22] I don't have those numbers off the top of my head.

[1:25:25] I know one was for potential mitigation, and I want to say it was around 70 acres, but I'd have to confirm that.

[1:25:33] And then the other one was the actual, the PPWD property. So for the more for the young and the existing reservoir.

[1:25:42] Is that mitigation on the, I think it was historical resources correct?

[1:25:48] No, it was for the, I'm sorry, the I think a more aluvial wetland.

[1:25:54] Which one?

[1:25:55] It was called Cedar Creek Property, and it was primarily for the, um, the Eluvial

[1:25:59] It's going to be next to our Jay situ, uh, Henry Cole State Park.

[1:26:04] Um, I don't know or about, yes, okay.

[1:26:09] Okay, maybe, and maybe some, they might be interested, and that's why I'm raising an issue.

[1:26:15] They might be interested in that.

[1:26:17] That particular, um, parcel of the, uh, that's adjacent to the park.

[1:26:24] It's a jewel of a park, you know, everybody loves that park in our county.

[1:26:32] Not too many people go up there, but you know, backfatting and everything, it's just wonderful.

[1:26:39] I want that information.

[1:26:41] I think that if we're going to say, oh, we're going to reconsider this, it should be done

[1:26:49] the context of our long-range planning and not interfere with the projects we have underway

[1:26:56] because we have projects that we've determined and because effectively we want to proceed with

[1:27:01] those to be completed on time and on budget and we should not be distracted in doing so.

[1:27:11] However, if we have a discussion in the future of our water supply master plan or the documents

[1:27:20] of the long range planning, if it's just that probably the proper rate for any me or anybody else

[1:27:26] to raise projects that could help us with the water supply master plan and board member can raise

[1:27:32] those issues. That particular time, I believe that's our process. Is that correct? The water supply

[1:27:40] master plans. Yeah, I believe such would be the correct one. Yeah. Yeah. Okay. So, so Mr. Chairman, I, I, I, I, I would like to have that information about the details of the process.

[1:27:54] As I mentioned before, that right. Thank you. When there's a close out, when there's a close out, we will have a full report and as soon as that happens, I'll be happy to put it on the agenda because I don't need it on your agenda. I take.

[1:28:09] we record again to the board again. I mentioned this before. When we have a close out, then we will have a full report because at that point the project is closed and we generally have reports on close projects. So especially with this one, there's some questions today that we're not going to have final numbers until we close out the contracts that we have left.

[1:28:37] Got to end those contracts and close out whatever needs to be closed out including with with the the other world of district that we have to deal with

[1:28:47] That we talked about earlier, and so once we have all that

[1:28:52] Done completed then we can have a report, so we all get all the numbers and I made this adjourned. I like to make a request through the information at the me at times

[1:29:01] So we can have that

[1:29:03] Yes, we can we get the dog

[1:29:05] Well, you could get you can get whatever numbers to have I'll request that you're not just we all the numbers

[1:29:09] So when we have a public record request or no, we can have those numbers, but at that point

[1:29:16] Don't say that well, we only have a little bit give me all because I'm telling you now until they finish all of the work

[1:29:25] All of the clothes out. You're not going to get final numbers. So if you want whatever numbers they have

[1:29:30] Sure fine. I'll analyze that. Yeah, so that's what you're going to get. That's all your numbers

[1:29:35] that they have. Okay, we got. I just want to information now so we can get.

[1:29:41] Mr. Juan, I heard you. I heard both of you. That's why I'm responding to you.

[1:29:45] Thank you. Okay, that you can have. Well, because because the other director was on here,

[1:29:53] director of the realm.

[1:29:58] So there was another agreement.

[1:30:00] By the way, with the indigenous tribe of the omelmutsin that valley water contributed towards a monument.

[1:30:11] Indigenous cultural land in a particular part. If you recall, we had even had a ceremonial event here honoring the omelmutsin at that point.

[1:30:22] So I think the number was somewhere around $250,000 that that number comes up.

[1:30:28] So wherever that money came from, also should be itemized in what we're requesting for

[1:30:33] final numbers.

[1:30:37] Yeah, it was all the numbers. What are the numbers on? That's I just wanted to

[1:30:40] bring that up because we did that as well.

[1:30:47] Thank you chair. I just want to clarify and correct

[1:30:52] something I said earlier, when I had earlier read the agenda, are you done chair, vice chair?

[1:31:00] Okay, so earlier when I had referenced the water commission agenda for tomorrow's meeting,

[1:31:08] I think I was looking at an earlier version, and right now actually what the agenda for tomorrow

[1:31:14] says is actually even more specific and demanding, they say that representatives,

[1:31:21] Representatives of Santa Clara Valley Water District Valley Water will discuss the reasons behind

[1:31:28] the project withdrawal and how Valley Water spent early funding from the Water Storage Investment

[1:31:36] Program.

[1:31:37] So if you're saying $100 million was spent, how much of that was from WISP, $24 million,

[1:31:44] And which subsection of that was of the 100 million was for WISO?

[1:31:51] So that money was spent on some of the consultant agreements

[1:31:54] and some of the specific design documents that were done during that period.

[1:32:00] So the 24 million, only 24 million of early funding was spent

[1:32:04] and are they asking for that back?

[1:32:07] So they did us a solid that they didn't have to do.

[1:32:11] That's good.

[1:32:13] That's good news.

[1:32:14] So, but of course they want to know. So, okay, so that's pretty much what you'll be telling them and are they going to be curious about the other

[1:32:21] 76 plus millions spent or do they not care about that?

[1:32:27] I'm not going to speculate with that.

[1:32:29] I think it's on that. I could find it. Final question is now that thinking through that these consulting agreements need to be closed out

[1:32:36] I'm guessing that'll be close to a to avoid litigation. Hopefully those will maybe close out with some

[1:32:43] You know, settlement agreements with them because they're not going to be completing the engagement that they were hired for.

[1:32:51] So arguably, the full expenses could be much higher than.

[1:32:57] If they hold us, I mean, what are our rights to actually cancel without any termination fees of these consultants and agreements?

[1:33:06] I'll defer to legal on that one.

[1:33:09] Ryan may know the answer.

[1:33:11] If you negotiate those agreements.

[1:33:14] Just go ahead and ask.

[1:33:16] The chair of Cardinals on the District Council.

[1:33:18] Our consultant agreements do give us the right to terminate for convenience, which under the standard provision that requires us to pay them for all the work that's done up until the date of termination.

[1:33:27] With how much notice.

[1:33:28] Would it probably vary by agreement?

[1:33:31] I'll look to Chief Yoke if she happens to know what the standard notice period is.

[1:33:36] I was a cognizant.

[1:33:36] So I wanted to know the specific notice period because we're talking one of them.

[1:33:40] We're talking that the actual liability we could owe is 43 million dollars.

[1:33:46] And another one it's 12 million.

[1:33:49] So we're talking about we could potentially owe another 55 million dollars.

[1:33:54] if we were required to pay out the contracts in full.

[1:34:02] In fact, I think you should provide these contracts,

[1:34:04] as my colleague just said,

[1:34:06] but not into the mic.

[1:34:09] Don't you agree?

[1:34:14] Yes.

[1:34:15] So the question is for the future,

[1:34:17] if the clerk and please note this that

[1:34:19] at least to direct Bell and Eisenberg request copies

[1:34:22] of these agreement for our own review as well

[1:34:25] and for the public's review.

[1:34:28] Good afternoon. Good afternoon.

[1:34:29] Teaching you chief operating officer for the Native Services Director, Eisenberg.

[1:34:33] We'll definitely work with the clerk's office to get you and Director Bell and all board members.

[1:34:39] And the policy that the Recosted documents.

[1:34:43] Great. And to be clear, this is all consulting.

[1:34:46] All agreements for which we haven't paid in full.

[1:34:50] We'll work to clarify that request, but yes, all of our active contracts that they're requested.

[1:34:54] You can definitely provide that.

[1:34:57] Yeah, just, obviously, as you know, that these are...

[1:35:00] Our outstanding potential liabilities. And until they're actually signed, the exposure is as high as the contract

[1:35:07] amount, or more if it goes to litigation.

[1:35:11] Okay.

[1:35:14] All right.

[1:35:19] Mr. Van Dyne?

[1:35:24] Mr. Van Dyne? Yes.

[1:35:26] Yeah, I just got on mute. It's first of all, it was a state war commission that made a decision

[1:35:33] I guess they mandated that you closed the project.

[1:35:38] Oh, they didn't, but go ahead.

[1:35:41] Well, anyway, um, make a comment.

[1:35:43] They still have, you still have that grant money.

[1:35:46] And I'm just wondering how that's going to be used going forward.

[1:35:51] And or if it has to be paid back.

[1:35:54] It's unfortunate that we wasted a lot of time and money on a project that was

[1:35:59] doomed from the beginning and we all know it was doomed based on the facts of the project.

[1:36:05] It's already been rejected three times in the past year.

[1:36:07] This will be the third time in the past 50 years.

[1:36:11] So, you know, maybe we need to have more forward thinking going forward when we get grant money and we plan on spending it.

[1:36:18] At this point, based on sequin, all the other environmental and ecological requirements in California, I believe.

[1:36:26] dams are becoming obsolete as a 20th century engineering solution for things.

[1:36:34] So we need to really start thinking outside the box and get more in a conservation in some more nature-based solutions.

[1:36:42] And we really got to figure this out because the population of California is not decreasing and the demand is increasing for water and other resources.

[1:36:49] So going forward, I just asked at the board, really think about these projects prior to spending

[1:36:56] larger amounts of money is on them that ends up being lost. Thank you.

[1:37:02] You're welcome. Obviously, the state board still wants to see storage projects.

[1:37:09] Okay, we don't want this to. Thank you.

[1:37:14] We're running into 10.1 CEO and chief reports.

[1:37:19] Yes. Good afternoon, Mr. Chair. I'm members of the board. We do have three reports today. And I'm going to start out with a report on the recent rains from Chris Hakes.

[1:37:30] Good afternoon, Chair, Mr. Mayor. Members of the board.

[1:37:33] So we had our first, I guess, pre wet season storms came through.

[1:37:37] A little advance of the 15.

[1:37:39] So about 525 yesterday Valley Water Staff received an alert indicating high water levels in the El Camino storm drain upstream of Willow Avenue in Sunnyvale.

[1:37:48] The debris blockage at the entrance of the culvert was observed, which caused flow to overtop

[1:37:52] the banks of the channel.

[1:37:54] Valleywater ONM staff responded to the alert and removed debris from the existing trash

[1:37:58] rack at the entrance of the culvert to alleviate the constriction.

[1:38:01] Six town homes on the south side of the channel experience ponding that reached their front

[1:38:06] doors.

[1:38:07] Residences on the north side of the channel were protected from flooding by a concrete wall

[1:38:11] running parallel to the channel.

[1:38:12] Residences downstream of the culvert were not affected.

[1:38:15] By 730 pm valley water staff had cleared the blockage, and the channel was no longer overflowing.

[1:38:20] This was along with the storm drain system in the area, which was also clogged.

[1:38:25] We see that a lot with the first storm of the season, where basically even though the trash rack was inspected before the storm,

[1:38:31] and it was fine, everything that's in the channel gets washed downstream to a constriction point.

[1:38:35] This happened to be that constriction point.

[1:38:38] So hopefully all of that stuff has washed down, and we won't see that recurrence this storm season,

[1:38:43] but that is the update.

[1:38:45] Great. Thank you, Chris. I also have a report from Chief Yoke.

[1:38:50] Yes, Athena.

[1:38:52] Good afternoon again, Board. Some please have provided an update regarding our human resources,

[1:38:58] business unit. Our agency value water participated in the healthiest employer awards program,

[1:39:04] which recognizes people first organizations to take a proactive approach to employee health.

[1:39:10] This year, Valley Water continued to rank among the top 10 employers within agencies of similar size.

[1:39:18] This achievement reflects our agency's commitment to putting people first through robust wellness offering,

[1:39:26] which we proudly showcase recently at a well-being event day.

[1:39:31] In the past years, some employees could not step away for annual well-being day.

[1:39:36] So this year, our HR team won a button beyond and they brought a piece of well-being day to

[1:39:43] as many employees and as many off-site locations as possible by visiting most of those locations

[1:39:49] and sharing information about the benefit offerings.

[1:39:54] Additionally, this year, the wellness team launched a virtual platform to allow employees the

[1:39:59] opportunities.

[1:40:00] To access undemanned videos from various vendors. The HR team continues to work with our various wellness partners to continually

[1:40:08] strive to enhance our wellness program, which supports our employees well-being, it boosts morale, and it

[1:40:14] fosters a positive work environment. And that concludes my report. And lastly, we have a report from Chief Gibson. Good afternoon,

[1:40:24] chair. As you have before you, the monthly one pages from the Office of Civic Engagement and

[1:40:29] Government Relations, just a couple of highlights from each. First is civic engagement. The annual

[1:40:33] California Coastal Cleanup Day was held on Saturday, September 20th, Valley Water and

[1:40:38] Partnership with the Creek Connections Action Group and the California Coastal Commission

[1:40:41] coordinated 56 clean-up sites throughout the county, where almost 2,000 volunteers were moved

[1:40:47] to almost 31,000 pounds of litter from local waterways, parks, and natural spaces in all seven

[1:40:53] in addition to general trash and debris, volunteers removed some interesting items, including a boom box, a wheelchair, a mini fridge, a message and a bottle that contained a love letter, a bird cage, lottery tickets that were not winners, a car seat, and a 3D printed lizard.

[1:41:07] Moving over to government relations on September 21st, the Valley Waters Office of Government Relations to have joined Director Vrella at the Santa Clara County Farm Bureau's annual barbecue, where he was honored with the prestigious Linda Lester,

[1:41:17] friend of agricultural ward, this award recognizes individuals or organizations outside of

[1:41:22] protection agriculture who have made meaningful contributions to supporting the local

[1:41:25] agricultural community, so congratulations to Director Forall, and I conclude my report.

[1:41:31] Thank you, ladies.

[1:41:32] I'm not confused.

[1:41:33] My report, Mr. Chair.

[1:41:34] Great.

[1:41:34] Thank you very much.

[1:41:37] Board planning calendar proposed to each of board agendas.

[1:41:43] Thank you, Chair.

[1:41:43] We have web dates.

[1:41:47] We have no new updates to the planning calendar.

[1:41:50] All right, we'll have board member reports and announcements.

[1:41:52] I think that's starting on this slide.

[1:41:54] So I'll start on that.

[1:41:56] That worked the bell side.

[1:41:57] Yeah, go ahead, Jim.

[1:41:58] Can I start the bell?

[1:42:00] Thank you.

[1:42:03] I'm really impressed with the success of the South Clark County Fire Seaf Council

[1:42:09] and their removal of vegetation that causes fire up in the hills around our valley.

[1:42:17] And I think it also has an advantages to us in terms of our groundwater or water supply and water

[1:42:29] retention.

[1:42:31] So I just think there should be an update on what they're doing and some kind of report

[1:42:39] back to us on a regular basis.

[1:42:41] So we understand what's going on with our safe counts.

[1:42:44] So they're having a meeting this week, it's to have a presentation from a scientist from

[1:42:54] UC Berkeley where we're going to talk about the advantage to ground water with the

[1:43:03] planning that they're doing on removing vegetation in the fire hazard areas, high fire hazard

[1:43:08] areas.

[1:43:08] So I think there's some advantage to us finding out how we can encourage them and support

[1:43:19] them and the other agencies that are involved in it.

[1:43:22] This is state funded program through Cal Fire, believe me.

[1:43:28] Thank you.

[1:43:33] Thank you.

[1:43:35] And you could do doing reports, point reports, start from there.

[1:43:42] Well, I don't know if the gym finished the report.

[1:43:44] Yes, I do.

[1:43:44] Okay.

[1:43:45] Okay.

[1:43:46] Vornos, I wait to confirm.

[1:43:48] I'm allowed to speak.

[1:43:50] So I've been doing a lot of work with the environmental ecological community and especially

[1:43:56] with regard to trees and I learned this amazing fact about trees and forests that actually

[1:44:04] a forest can hold firemore water that even a small patch of trees actually can hold

[1:44:12] farmer water than any man-made reservoir, and that actually the best, the most efficient,

[1:44:19] the lowest cost, and the most effective means of storing water is in trees.

[1:44:27] So science is great, so I hope that as Director Ballard referred to earlier, I hope that

[1:44:36] for it can actually start to embrace more science based solutions like planting and preservation

[1:44:43] of trees. Also, I was going to talk a little bit about that after two long years. You know,

[1:44:51] one of the things I've been losing sleep about regularly, which is the hostages that have been

[1:44:57] held against the well and tortures can...

[1:45:00] And conditions have finally been let go. The living ones, they're still about 30 corpses to come back. But the living ones have been reunited with their families. So I spent yesterday just crying many tears of joy. And, you know, for a hope upon hope, despite all evidence of the contrary, that there can be peace in the region, because what we really need is peace.

[1:45:26] And, you know, before I learned that I was going to be sued for tweets I took down after I learned that they wanted me to take them down and before I learned that, you know, complaints I had were going to be investigated by the people who the complaints are about.

[1:45:41] I also was going to talk about, you know, the Jewish holidays which were going through.

[1:45:48] And really, first we have the sweet new year, then we have the Apologies, then we have

[1:45:54] Sukho, which is winding up now, which is the celebration of nature and the harvest.

[1:45:59] And then comes the celebratory celebration over the relaunching of the Holy Book, which

[1:46:07] is the Torah, and I guess I just wanted to wish everybody, again, a clean start to the new

[1:46:14] fear, forgiveness without apologies, because I really need to stay, we don't need of

[1:46:20] apologies to choose to forgive someone, and that it only makes a bigger people, not

[1:46:27] smaller people to do so, and I hope that everyone, wish everyone a prosperous and engaging

[1:46:35] and intellectually challenging new year full of good works, high integrity and courage.

[1:46:42] Thank you.

[1:46:44] Right, sir.

[1:46:46] Yeah, thank you, Chair.

[1:46:47] A lot of a lot of meetings, but at last night,

[1:46:49] various citizens advisory council, the in-house.

[1:46:53] And by the way, the numbers are increasing like 58%.

[1:46:56] And I sure hope that things work out so we can get more

[1:46:59] mental and more medical facilities.

[1:47:02] Me, with the interim CEO in the chair, of course.

[1:47:06] The weekly basis on many, many items in the water district and so on.

[1:47:10] And with John Barrella, we had a real positive, and I think with the change of leadership and

[1:47:17] Gilroy, they grew on the right thing and the water resources committee. John is chair and

[1:47:23] let him write in the right direction and that we're going to be in hooking up here with some

[1:47:26] recycling and real positive. So, thank you, Mr.

[1:47:31] Chair.

[1:47:32] I don't have much to report because I've been traveling for the last three weeks.

[1:47:39] But one of those weeks was as a part of a delegation learning about Vienna's social housing where two thirds of the housing stock in Vienna is under this term social housing and it's basically affordable. You don't see a lot of homeless folks on the street.

[1:47:55] literally none because they have enough housing and so you know I know we all know this but

[1:48:02] you know the the solution to making sure folks aren't living in our waterways is to make sure

[1:48:08] we're building housing and we have enough housing and also while I was over there I was I met

[1:48:13] with a professor of wastewater stuff and was looking at all the water infrastructure and I

[1:48:18] be happy to share pictures because I took lots of pictures of water infrastructure and I don't

[1:48:22] what half of it is. So I need the staff to tell me that I was looking at. And they don't have a

[1:48:29] water supply problem. They've got too much water. So anyway that was fun.

[1:48:35] Very few. Very few. Thank you, Chair. I attended the cabin movement program committee meeting,

[1:48:43] the use commission meeting landscape committee meeting for policy planning and monitoring committee

[1:48:51] meeting I met with a constituent regarding San Francisco Creek together with last

[1:49:02] chair and met with the board auditor regarding 2026 proposed audit plan had a 101

[1:49:11] with Assistant CEO and today's board meeting. Thank you. Thank you.

[1:49:21] So I've had, like, director Santos, quite a few meetings, but I'll talk about a few.

[1:49:29] Aqua is now searching for a new executive director, and our initial ask we've had

[1:49:35] replies from over 50 candidates, narrowed that down to 25, then down to 10, and now we're down to

[1:49:41] three. So we'll be selecting that position very shortly. The foundation, the Aqua Foundation,

[1:49:47] is also going through a transition. We will have a new chair and vice chair in the first quarter

[1:49:54] of 2026. I, as currently as chair, have been nominated as vice president.

[1:50:00] Resist, chair, to continue that position in that particular role, so that's continuation. So also, to acknowledge

[1:50:06] Valley Water, and yours truly, the Santa Clara County Farm Bureau at the Radio United House,

[1:50:14] presented me with the award, it's called the Linda Lester-Friend of Agriculture Award. But it really

[1:50:21] goes to Valley Water for the amount of work we do with all the agriculture in South County. And, you know,

[1:50:27] I'll share this with director Santos because he attends those meetings regularly with me

[1:50:31] and now director Ballard is starting to attend those meetings as well, so it's really important

[1:50:36] because we are friends of agriculture. Agriculture is still a very vital producer in Santa Clara

[1:50:43] County as it is throughout the state of California. As an example, in Central Valley,

[1:50:47] produced over $55 billion in an edible food products, etc. There we export around the world.

[1:50:53] So we are at Valley Water a very big part of agriculture and we will continue to be so that's my report.

[1:51:00] Thank you.

[1:51:03] So I had a number of meetings of the recycled committee.

[1:51:07] The redevelopment committee at the county with the CEO and General Council.

[1:51:14] The CIP or CIP committee.

[1:51:19] couple other meetings.

[1:51:26] Before closing to this meeting, I'm going into the remainder of our closed door, closed items.

[1:51:34] Let's take a moment to acknowledge that October is the Disability Employment Awareness, Polish American Heritage, Italian American Heritage, German American Heritage,

[1:51:46] Filipino history and LGBTQIA to S. Plus History Month.

[1:51:53] I'd also like to take a minute to recognize that every year, around a billion people celebrate Diwali,

[1:51:59] also known as the Festival of Lights around the world,

[1:52:03] especially in the global South Asian diaspora.

[1:52:06] This celebration symbolizes the victory of good, versus evil, light, or a darkness, and knowledge over ignorance.

[1:52:13] This year, Valley Water will recognize the Wally on October 20th as a cultural observance.

[1:52:21] Valley Water will be proud of choosing and taking active steps toward achieving belonging in Valley Water and for our Santa Clara County community.

[1:52:29] Before I, I also wanted to acknowledge that we at least temporarily have peace in the Middle East.

[1:52:39] It's something that had been long-awaited and I know that all of us have prayed and hope that we would come at least to this point and hopefully going forward that there is a long lasting piece there in the Middle East.

[1:52:55] Finally,

[1:52:58] we have a number of close to items we need to complete 2.4 and 2.5.

[1:53:03] So we'll go into that now.

[1:53:39] Okay, we're back and we'll have the council report out, please.

[1:53:45] Thank you, Mr. Chair. Carlos Haldiana District Council,

[1:53:47] report met in closed session with respect to items 2.4 and 2.5.

[1:53:52] With all directors except director Eisenberg participating with respect to item 2.4.

[1:53:56] Nor reportable action was taken with respect to item 2.5.

[1:54:00] The board on a motion by director Farrellow, seconded by director Ballard and Vota 6 to 0.

[1:54:07] authorize the district council's office to refer director Eisenberg to the district attorney and

[1:54:12] grand jury for social media posts on and after September 23rd, 2025. We've given close session

[1:54:18] confidential information and attorney client privilege communications and authorize me to

[1:54:23] disclose the result of this motion. Thank you. Thank you, Mr. Council. So we are going to adjourn

[1:54:31] if I could find what date we're going to answer.

[1:54:39] October 28.

[1:54:40] Okay, so we shall return on October 28.

[1:54:44] 11 AM.

[1:54:46] Thank you all.

[1:54:48] Let's have a drink.

Closed Session and Regular Meeting - Oct 14th, 2025

Agenda

Transcript