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Director Ballard, Director Bell, Director Eisenberg, Absent, Director Sheila, Vice Chair Santos, Director Verella, Chair Estrimera, you have a quorum.

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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.

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So, we'll go to that close session.

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Okay.

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We'll call the meeting back to order.

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We'll have the district council give us a quick report on close session.

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Thank you, Mr. Chair.

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Carlos O'Reignant, Mr. Council.

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With respect to item 2.1, the board meeting close session

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with all directors accept director Isaac Drip participating

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and no reportable action was taken.

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With respect to item 2.2 and 2.3,

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the Boardman and close station with all directors participating and no report will

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ask him what's taken on either of those items. Thank you. Thank you, move right along to

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a pledge of allegiance. Director Ballard, would you lead us please?

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I pledge allegiance to the

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by nine states of America, to the Republic,

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or which stands, one nation, under the invisible,

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to liberty and justice for all.

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Thank you.

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And on orders of the day,

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we have a request

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and we are going to defer agenda item 3.4 to a future meeting.

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

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I asked if we follow these.

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

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presenters to complete their presentations before asking questions unless designated breaks for questions that

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

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request an additional two minutes from the chair.

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If granted by the chair, they may continue

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for the additional two minutes.

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The clerk of the board will serve as a timekeeper,

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and please respect the time limit.

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Public comments, I will invite public comments

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after the board has spoken.

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All members of the public have provided three minutes

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to present their comments to the board.

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Motion's in voting, following public comments

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I will call for a motion and second before proceeding

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with a role called vote.

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Confidential subjects are share the board of the

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Valley Warner District.

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I would like to take a moment to underscore the critical

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responsibility that each board member has to uphold the

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confidentiality of any ongoing

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personnel investigations in accordance with our governance policies.

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Our fiduciary duties to the taxpayers of Santa Clara County.

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This duty extends not only to a financial stewardship of the district,

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

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

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It is paramount that we respect the privacy of those involved and maintain confidentiality.

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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.

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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.

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I appreciate everyone's adherence to our governance policies and this group's collective commitment to the governance of the district.

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

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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.

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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.

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If they rule that order again, they will be asked to leave for the remainder of the meeting.

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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.

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I really hope that we never have to get to that.

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And all board members will follow the code of ethics and counter and I rule the decorum.

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by following these guidelines, we can issue an efficient and productive meeting.

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May I have a motion to accept these guidelines?

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Those are motion to say aye.

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Opposite.

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No.

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Moving right along to.

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Time open 3.3.

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Time open for public comment on any item that's not on our agenda.

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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.

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Do we have any requests?

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Thank you, Mr. Chair. We have no requests to speak online or in person.

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So we'll move right along to 3.4 is the item that's been deferred. So we move 3.5.

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Which is a public hearing to consider adopting a resolution of necessity relating to the acquisition

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of real property interest from Robert Clinton, Milit Peck, Lady Nyember, Lani Arimberg, Kevin Peck,

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Patty Antelate and Wesley Clinton, necessary to complete the coyote quick flood protection project.

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Project number 2, 6, 1, 7, 4, 0, 4, 3, APN, 4, 72, dash 12, dash 0, 0, 1.

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Real estate file number 40, 21, dash 13, 73.

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Good afternoon.

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I'm Tony Estremer, chair of the Board of Directors of Valley Water.

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I'd like to welcome everyone attending the meeting.

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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.

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In order to complete the Coyote Creek, flood protection project that hearing is not open.

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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.

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The information provided by staff will be incorporated into a part of an informed deliberations of this hearing.

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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.

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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.

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

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The board will close the public hearing.

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If the board made this cut to finally support in the adoption of the resolution and subsidy,

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I made that request for valuable stuff and the property owner.

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Finally, the board will make a decision on whether or not to adopt the resolution and necessity

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and approval of this resolution requires a two-thirds vote to five out of seven votes.

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Anyone wishing to address the board may do so by filling out a speaker card and submitting it to the clerk

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or use your raise hand function in the Zoom meeting application to identify yourself in order to speak.

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

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

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

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Madu to Malurud

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Capital engineering manager to commence presentation for the plant pick and I am brew property

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Madu

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Good afternoon. Good afternoon, chairs from Iran. Members of the gold. My name is Madhu Kamalal.

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Capital engineering manager in the water shared to design and construction division.

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In the following slides, I'll provide information to support the findings set forth

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in the resolution of necessity for the subject property in the PIT quick flood protection project footprint.

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

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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.

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And then to determine that the property is necessary for the project.

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

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First finding is regarding establishing the public necessity for this project.

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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.

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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.

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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.

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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.

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On the phase two, our KIT Greek flat protection project will begin construction in the mid-2026,

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and the combined flat protection project extends or the north from Montague expressway to the Tally Road in the south,

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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.

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The project design is constrained by the geography of the creek, the vast majority of the

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chaotic creek flows through the private property and the public parks.

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This leads to

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our next finding that the proposed project is planned, located and designed in a manner

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that will be most compatible with the greatest public good and least private injury. This was

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achieved through a holistic approach to the project design using the hydraulic model to determine

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the best way to prevent the flooding while preserving the existing habitat as well as avoiding

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the private structures. And the design also intends to preserve the habitat and native vegetation.

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Regarding the CQA compliance, value water as the lead agency prepared the environmental impact report

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for this project and it was certified by the board in the March 11th, 2025 board meeting.

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and this project requires like 62 property acquisitions in return.

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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.

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this property is in reach eight.

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This property is necessary for the project. The flood protection

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elements will be constructed adjacent to this parcel and there will be, there is a need to

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have this parcel as a permanent easement to be able to construct and maintain the flood protection

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elements after construction as well. This map shows a quick overview of where this subject property

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is in reference to the overall project, the red arrow kind of shows the approximate location of this

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property that we are talking about.

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This slide shows like a more details of the proposed

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parcel and the permanent easement we are trying to acquire to orient yourself like

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north is pointing towards the top and the story road is at the bottom of the page and the south

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represents the property boundaries and the green sharing kind of represents the permanent

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easement that we're trying to acquire.

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And a little bit more information about the subject

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property as I said earlier like Fred Wall is located not on this parcel but right next to this

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parcel and the project will maintain existing access and minimizes the impact to existing structures

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and other recreational facilities out there.

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And the last finding is to make to make in the

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is that the offer required by the government code section 7267.2A was made to the owner of record.

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The government code offer was made to the property owner of record on August 6, 2025,

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and was not less than, and was not less than the failed market value.

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And USPS has confirmed that the offer package was delivered to the owner's PO box,

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and here is a quick chronology of the acquisition of efforts, which began like back in April of

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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.

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Thank you.

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Have you heard the presentation and the attention for who will recommend it?

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Okay, we'll have a roll call, please.

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Director Ballard?

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Yes.

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Director Ball?

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Director Eisenberg?

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Director Shua?

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Yes.

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Vice Chair Santas?

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Director Verella?

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Yes.

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Chair Estremera?

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Aye.

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Motion passes.

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Thank you.

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A move right along to the 2.6.

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

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That's fairly complete the coyote quick for a protection project.

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Project number two six one seven four zero four three.

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Real estate file number four zero two one that's five twenty seven.

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Good afternoon. I'd like to welcome everyone to attending the meeting.

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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.

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owners to complete the coyote-create flood protection project that hearing is not open.

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The hearing is conducted as follows. First, the board will hear from valley water staff providing

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facts that will support the findings and the set forces and the resolution and necessity.

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The information provided by the staff will be incorporated into will be part of

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Anne and former deliberation for the hearing. After the presentation,

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the property owner will have an opportunity to address the board regarding the findings set

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in the resolution and necessity, then the board will commence the hearing. The hearing

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is the time for a public comment. Of course, speakers in the order of that the speaker

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request will receive and he speaks to have three minutes to address the board regarding the matter.

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After public comments are received and property owner has been afforded an opportunity to address

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any outstanding points made during the public comment period the board will close the public hearing.

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The board may discuss the findings supporting adoption of the earth.

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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.

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It's because we'll be a lot of three minutes.

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Only one speaking opportunity for person will be accepted.

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Speak cards are not available from the clerk.

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Valley Water will now open the conduct the hearing for agenda 3.6

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and propose acquisition by Emily Don'tman, a property located near 18th Street

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and East San John Street in San Jose owned by unknown owners.

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I invite Madu to Malaroo, a capital engineering manager to commence the presentation

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for the unknown owner is property.

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We do.

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All right.

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Good afternoon.

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Chair, Mr. Mayor, and members of the board.

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Mr. Tumulu again,

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capital engineering manager in the Watershirt's design and construction division.

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So some of these slides are pretty much the same as previous presentations.

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So, but we just have to go through this.

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In the following slides,

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I'll be providing information to support the findings set

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forth in the resolution of necessity for the subject property

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on with by an unknown property owner within the CIT Creek fluid protection project footprint.

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The findings to be made at this public hearing are first to establish the public need for this project

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then to establish that the project is designed in a manner that is most compatible with the greatest

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public good and least private engineering. Then to determine that the property is necessary for the project

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and lastly to establish that the offer is made to the property owners in accordance with section

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7267.2A of the government code.

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First finding is to establish the public necessity for this project.

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The project is needed for the product to protect the properties along the CITCry from Montague

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expressway to Tali Road, against the flood events that occurred back in February of 2017,

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which was also approximately like a 20 year flood event. The other benefits of this project

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include preserving the creek habitat and reduce the long term maintenance.

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On this map,

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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.

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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.

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And the phase two our KIT-KRIC flat production project will begin construction in the early

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2026 and the combined flat production project extends around Montegi Expressway in the

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north to Tally Road in the south and it is a total project is approximately 9 miles long

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and this global hearing is in regards to a property located in Leeds 6.

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The project design is constrained by the geography of the creek.

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the vast majority of the creek flows through the private properties and the public parks.

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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.

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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.

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and the design also intends to preserve the habitat and native vegetation.

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Regarding the SQL compliance, a value water as a lead agency

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prepared the environmental impact report for this project and the ER was certified by the Board

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of the this board on March 11th of 2025.

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The project requires lexics to property acquisitions in

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reaches 4 through 8. The subject resolution of necessity is being proposed for one property

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

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protection element will be constructed on a portion of this property and this parcel will be

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needed to be permanently available in order to construct the flood protection element and also

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maintain the flood protection element after the construction is complete.

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This map shows the subject

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property located within the project limits and the red arrow shows the general area of the property.

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This slide shows slightly more details about this parcel to orient yourself like

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North is pointing up on this map and the North 18th.

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State is at the bottom of the page and the Roosevelt Park is on the other right side of the

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creek and the creek is going through the middle of the middle of the page. And the white lines kind

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of represents the property boundaries and the proposed berm that is being constructed as a flat

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protection element, so that is shown in the orange color and the entire parcel is being proposed

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to be acquired in fee.

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And as I said earlier, the berm is located in the on our property,

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the parcel will be used for construction of the berm and the future maintenance of the flood protection elements.

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

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7267.2A, a courtesy notice for the public hearing was posted at the property on September 11, 2025.

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And this concludes the staff presentation after board receives the comments.

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I'll stand by to answer any questions.

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00:26:08,280 --> 00:26:09,100
Thank you, Madame.

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00:26:12,950 --> 00:26:14,030
Derek, the bell.

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00:26:15,630 --> 00:26:20,270
Yeah, the only confusion I had on this was it's an unknown owner.

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And did we do our due diligence in terms of title reports and title examinations?

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In terms of this property, but we failed to discover who the owner was.

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Yes, yeah, there was a quite extensive research done like we worked with a tightly company.

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We also talked to that just in property owners.

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Yeah, there was.

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00:26:46,150 --> 00:26:51,550
Was there any reason why there was an unknown owner here that you're aware of?

264
00:26:51,550 --> 00:26:56,130
It just how did it become a property that has an unknown owner?

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00:26:56,130 --> 00:27:05,070
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.

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The public street like back in the day, so and it never materialized like city, never built a street across the street.

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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.

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They don't access any fees on this particular parcel.

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Okay,

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Mr. Chairman, that answers the question.

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Yes.

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The mystery is not solved, but you have to proceed with our due diligence.

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Thank you, Director.

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Any other questions?

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We'll now receive comments from members of the public.

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I don't see any requests.

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00:27:48,340 --> 00:27:48,760
Thank you.

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00:27:48,860 --> 00:27:49,740
I know a request to speak.

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00:27:50,120 --> 00:27:53,900
I have none for me, so I'll entertain the motion to close the public hearing.

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00:27:53,900 --> 00:28:01,200
So for Mozart's AI, I, of course, say no, functions will write along then to,

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I'll entertain a, I'll entertain motion for approval of the resolution.

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Thank you, roll call please.

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00:28:13,580 --> 00:28:17,100
Director Ballard, Director Bell, Director Eisenberg?

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Director Shua? Yes.

285
00:28:19,780 --> 00:28:20,580
Vice Chair Santo?

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Vice Chair Santo? Okay.

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00:28:24,660 --> 00:28:25,460
Director Verella?

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00:28:25,460 --> 00:28:33,440
chair, extra mayor. I motion passes. Thank you, Michael clerk. Move right along to our

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00:28:33,820 --> 00:28:42,000
consent calendar for a point one on. I'll take 4.1 out out of order and I request a

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00:28:42,000 --> 00:28:45,280
motion for the remainder of their second.

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00:28:47,660 --> 00:28:50,480
Hey, there's any resolutions in here.

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00:28:52,990 --> 00:28:53,370
Yeah,

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00:28:53,370 --> 00:29:00,710
there is one but those four motions say aye. I'm opposed to no book off 4.1 because I have some

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00:29:01,430 --> 00:29:07,650
speakers. So we'll start right away with Bavani Yorampur. That's the new one is.

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00:29:07,830 --> 00:29:12,590
Good afternoon chair and members of the boat. Thank you very much direct rest Mara and members of

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00:29:12,590 --> 00:29:16,670
the boat. I'm Bavani Yorampur, who I'm here in the capacity as an executive sponsor of the

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00:29:16,670 --> 00:29:22,790
in the American Association employee resources group. I would like to thank you the boat and our leadership

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00:29:22,790 --> 00:29:28,190
for your commitment to inclusivity. It is truly an honor to be working for rally water to be here

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00:29:28,190 --> 00:29:33,590
along with the membership of IAA who is sitting here in this board room to support this resolution. Thank you.

300
00:29:36,840 --> 00:29:38,780
Thank you, Pratitara.

301
00:29:43,520 --> 00:29:47,880
Pratitara. Good afternoon. Good afternoon, Chair and members of the board. I'm Pratitara,

302
00:29:47,920 --> 00:29:53,280
President of the Indo-American Association Employee Resource Group. And I would like to thank you for

303
00:29:53,280 --> 00:29:58,240
your ongoing support and for taking this meaningful step in recognizing our the Vali recognition.

304
00:29:58,240 --> 00:29:59,240
celebration.

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00:30:00,000 --> 00:30:09,200
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.

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00:30:33,360 --> 00:30:40,860
It serves, but also it reflects in its work every day and in its work culture.

307
00:30:41,700 --> 00:30:42,780
Thank you for your leadership.

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00:30:44,000 --> 00:30:44,280
Thank you.

309
00:30:44,520 --> 00:30:44,640
Thank you.

310
00:30:47,330 --> 00:30:49,270
See you in the further quests.

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00:30:50,590 --> 00:30:56,760
So, entertain motion to Dr. Resolution and we'll have a local.

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00:30:57,140 --> 00:30:58,120
Director Baller.

313
00:30:58,620 --> 00:30:59,580
Director Ball.

314
00:31:00,040 --> 00:31:01,000
Director Eisenberg.

315
00:31:01,740 --> 00:31:02,220
Director Sheila.

316
00:31:02,820 --> 00:31:02,860
Yes.

317
00:31:03,160 --> 00:31:04,020
Vice Chair Santas.

318
00:31:05,660 --> 00:31:06,940
Mr. Mayor.

319
00:31:07,520 --> 00:31:08,220
Resolution passes.

320
00:31:08,500 --> 00:31:08,620
Yes.

321
00:31:08,620 --> 00:31:09,000
Have it.

322
00:31:09,100 --> 00:31:11,340
Thank you.

323
00:31:14,880 --> 00:31:17,360
We'll move right along to 5.1.

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00:31:19,260 --> 00:31:20,300
Adaptive resolution.

325
00:31:20,480 --> 00:31:21,800
Amendment in the Santa Clara Valley.

326
00:31:22,020 --> 00:31:24,320
What a district conflict of interest code.

327
00:31:27,380 --> 00:31:27,420
I think.

328
00:31:28,140 --> 00:31:29,160
What is it?

329
00:31:29,160 --> 00:31:30,140
Can I leave?

330
00:31:38,090 --> 00:31:39,550
Well, this is an questioning.

331
00:31:41,270 --> 00:31:41,550
Hi.

332
00:31:41,990 --> 00:31:43,490
Hi, Chair.

333
00:31:43,490 --> 00:31:49,710
as to where we have the, finally, the adoption of the resolution,

334
00:31:49,870 --> 00:31:51,990
emitting the Santa Clara Valley Water District,

335
00:31:52,370 --> 00:31:57,070
conflict of interest code, basically just a bit of a summary

336
00:31:57,070 --> 00:32:01,210
that's something that we have to do based on the 1974

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00:32:01,210 --> 00:32:03,290
political reform act.

338
00:32:03,850 --> 00:32:06,510
We really review all of our job hostings,

339
00:32:06,630 --> 00:32:09,810
our job descriptions to ensure any of our classifications,

340
00:32:09,810 --> 00:32:18,210
we need to update them, add any or remove any as needed and so today we have for your consideration

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00:32:18,210 --> 00:32:24,530
updating the code by removing three classifications that no longer exist adding five new

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00:32:24,530 --> 00:32:30,770
classification and updating 19 based on their classification titles and so we have this ready for

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00:32:30,770 --> 00:32:32,830
the board's approval.

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00:32:33,570 --> 00:32:34,690
Thank you.

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00:32:34,890 --> 00:32:37,610
So I have a motion and a second and any questions.

346
00:32:40,730 --> 00:32:41,090
Roko.

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00:32:41,770 --> 00:32:42,850
Director Baller.

348
00:32:43,410 --> 00:32:44,250
Director Bell.

349
00:32:44,890 --> 00:32:45,970
Director Eisenberg.

350
00:32:46,930 --> 00:32:47,450
Director Sheila.

351
00:32:48,290 --> 00:32:49,130
Vice chair Santas.

352
00:32:49,830 --> 00:32:50,490
Director Verella.

353
00:32:51,030 --> 00:32:51,910
Chair Estimera.

354
00:32:52,390 --> 00:32:53,150
Motion passes.

355
00:32:53,370 --> 00:32:53,870
I'm sorry.

356
00:32:54,050 --> 00:32:56,770
We'll move right along the five point two.

357
00:32:56,910 --> 00:32:59,350
Receive an overview of the annual.

358
00:32:59,350 --> 00:33:04,810
Capital Improvement Program, Development Process, and the Integrated Financial Planings

359
00:33:04,810 --> 00:33:05,630
Good.

360
00:33:05,890 --> 00:33:06,750
Good afternoon, Board.

361
00:33:07,090 --> 00:33:10,990
Jessica Foss, our business planning and analysis unit manager will be presenting today.

362
00:33:16,110 --> 00:33:16,410
All right.

363
00:33:16,450 --> 00:33:19,090
It's good afternoon, Chara Stramar, members of the Board.

364
00:33:20,030 --> 00:33:24,610
I'm pleased to be here today to provide an informational presentation on the Capital Improvement

365
00:33:24,610 --> 00:33:26,050
Program's Development Cycle.

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The presentation is intended as a refresher for the Board and the public on how our CIP

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is developed and where engagement opportunities occur.

368
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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.

369
00:33:46,090 --> 00:33:56,070
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.

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00:33:59,590 --> 00:34:03,770
Okay, let's not advance things, so sorry.

371
00:34:10,220 --> 00:34:14,180
The development of our CAP5, your plan moves through four phases.

372
00:34:15,300 --> 00:34:20,120
And that includes evaluation, preliminary draft and final,

373
00:34:20,380 --> 00:34:23,800
with board and community engagement points woven throughout this process.

374
00:34:24,560 --> 00:34:30,320
These include targeted outreach of public hearing with advertisement and a 60 day.

375
00:34:30,320 --> 00:34:38,620
we have a phantom bear with me one moment please

376
00:34:56,180 --> 00:34:59,960
okay I'm gonna go ahead and see if I can advance

377
00:35:02,480 --> 00:35:04,240
All right, it's not working.

378
00:35:07,500 --> 00:35:08,600
Okay, here we go.

379
00:35:10,260 --> 00:35:18,540
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.

380
00:35:19,220 --> 00:35:27,480
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.

381
00:35:27,480 --> 00:35:38,820
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.

382
00:35:39,480 --> 00:35:48,480
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.

383
00:35:48,480 --> 00:35:58,300
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.

384
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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.

385
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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.

386
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The drivers for these new projects begin with the board's end policies, which feed into master plans, program plans, and asset management program.

387
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New projects are born out of these large scale plans and programs that are introduced into the CIP through our validation process.

388
00:36:35,420 --> 00:36:45,260
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,

389
00:36:45,260 --> 00:36:50,580
and identify a recommended solution that minimizes life cycle costs while balancing service levels in risk.

390
00:36:51,160 --> 00:36:55,720
If the respective deputy officer approves the business case, it is considered to be initially validated.

391
00:36:56,360 --> 00:37:03,120
Between October and November each year, these newly proposed initially validated projects will be presented to the CAP Committee in Board,

392
00:37:03,440 --> 00:37:08,960
along with the list of currently unfunded projects that have been validated during prior years, for review and comment.

393
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Committee in Board feedback will be considered by the CAP evaluation team,

394
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when preparing the funding scenarios and recommendations for the CIP preliminary five-year plan.

395
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So how our capital projects added are removed from the CIP. This year, this topic is especially

396
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important given the information on funding challenges presented during the August 29th Board Workshop.

397
00:37:32,410 --> 00:37:36,990
As mentioned earlier, we will be returning to the Board in November to discuss updated prioritization

398
00:37:36,990 --> 00:37:42,630
criteria for the Board's direction, and this will help inform the recommendations presented

399
00:37:42,630 --> 00:37:44,750
by the CIP evaluation team.

400
00:37:45,650 --> 00:37:49,610
The CIP evaluation team, which includes the CEO, ACEO,

401
00:37:49,770 --> 00:37:51,850
chiefs and deputies from divisions involving,

402
00:37:52,210 --> 00:37:54,410
involved in initiating delivering, implementing,

403
00:37:54,550 --> 00:37:57,270
and operating capital projects, will meet in November

404
00:37:57,270 --> 00:37:59,450
to consider the feedback received from the board

405
00:37:59,450 --> 00:38:01,230
and analyze the financial models.

406
00:38:01,770 --> 00:38:03,250
The team will determine which, if any,

407
00:38:03,390 --> 00:38:05,470
and funded projects should be recommended for inclusion,

408
00:38:05,770 --> 00:38:08,250
and whether any of the currently funded capital projects

409
00:38:08,250 --> 00:38:11,530
should be recommended for reduced scope, phasing, removal,

410
00:38:11,530 --> 00:38:15,350
or placement on the unfunded list for the next CIP-5-year plan being developed.

411
00:38:16,210 --> 00:38:20,170
To ensure Valley Waters High Priority Business deans are met and adhered to board policy,

412
00:38:20,730 --> 00:38:25,130
the CIP evaluation team reviews the project space upon the board's priorities, assets

413
00:38:25,130 --> 00:38:28,770
remaining lifespan, available funding, and urgency of investment.

414
00:38:29,670 --> 00:38:33,310
Funding scenarios that include these recommendations will be presented to the CIP Committee

415
00:38:33,310 --> 00:38:37,130
for review and feedback in December, along with the CIP Preliminary Five-year Plan.

416
00:38:37,810 --> 00:38:41,390
In addition, the committee will receive an overview of significant project plan updates

417
00:38:41,390 --> 00:38:47,730
from the prior years adopted five-year plan. Each January, CIP and Finance staff update the funding

418
00:38:47,730 --> 00:38:52,270
scenarios to include staff and CIP committee recommendations which will be presented to the

419
00:38:52,270 --> 00:38:57,330
full board during a funding scenario workshop as part of the CIP preliminary five-year plan

420
00:38:57,330 --> 00:39:02,110
and groundwater charges item. Each year direction regarding the capital project funding is provided

421
00:39:02,110 --> 00:39:05,610
by the board through its approval of the CIP preliminary five-year plan.

422
00:39:09,640 --> 00:39:11,340
Moving into next steps,

423
00:39:11,340 --> 00:39:20,600
Our integrated process includes the CIP by annual budget and water charges development cycles that work in parallel each year to ensure aligned outcomes.

424
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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.

425
00:39:37,180 --> 00:39:40,160
And we'll be confirmed with a board when we return in November.

426
00:39:43,180 --> 00:39:47,400
Closing out our informational presentation I just wanted to note that the CIP is designed to be a

427
00:39:47,400 --> 00:39:52,740
transparent, structured, and responsive process that balances infrastructure needs, financial impacts,

428
00:39:53,340 --> 00:39:54,360
and community input.

429
00:39:54,980 --> 00:39:57,840
I thank you and I welcome your comments or questions.

430
00:39:57,840 --> 00:39:59,980
Thank you Jessica any

431
00:40:04,910 --> 00:40:06,030
Thank

432
00:40:09,360 --> 00:40:21,880
you. Thank you chair. I want to comment about the last slides on next step, with these lines of activities.

433
00:40:21,880 --> 00:40:31,060
And the same presentation was presented at the most recent capital program coming in meeting.

434
00:40:31,900 --> 00:40:39,140
And there was a discussion about the two lines about Safe Queen Water Public Hearing

435
00:40:39,140 --> 00:40:40,780
process, if required.

436
00:40:41,620 --> 00:40:51,860
The discussion was about the initial intent of this change process for the Safe Queen

437
00:40:51,860 --> 00:41:00,200
water, it's more focusing on communicating with our partner agencies, particularly cities,

438
00:41:00,720 --> 00:41:09,000
we've seen Santa Clara County about how the Safe Queen Water Tax is managed and what's the

439
00:41:09,000 --> 00:41:19,120
challenge and what's accomplished and what's being challenged and that they laid. Those kind

440
00:41:19,120 --> 00:41:24,900
of a communication with our partners and then all the cities

441
00:41:24,900 --> 00:41:26,440
which in Santa Card County.

442
00:41:28,700 --> 00:41:33,820
So I think it will be a good idea to make a day on going

443
00:41:33,820 --> 00:41:38,020
process every year that we go through this exercise

444
00:41:38,020 --> 00:41:45,660
always with our partners versus that when it's required

445
00:41:45,660 --> 00:41:53,760
a public hearing process. Our requirement for public hearing is pretty far, it's pretty high,

446
00:41:54,460 --> 00:42:02,420
so likely that there will be, every so many years that will require public hearing. So yeah,

447
00:42:02,460 --> 00:42:08,860
I just want to make that point at the CIP coming, discuss it, and I think it will be a good

448
00:42:08,860 --> 00:42:14,500
idea to incorporate that into our overall process plan.

449
00:42:14,500 --> 00:42:29,960
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.

450
00:42:30,500 --> 00:42:30,680
Okay.

451
00:42:34,400 --> 00:42:35,700
Director Ballard?

452
00:42:38,390 --> 00:42:39,150
Oh, sorry.

453
00:42:40,250 --> 00:42:45,090
Question for you and I just thought of this as you were doing the presentation.

454
00:42:45,650 --> 00:42:51,270
and so apologies about putting it on the spot and I'm new.

455
00:42:51,870 --> 00:42:55,810
I can say that for at least a year, which is fast approaching.

456
00:42:58,150 --> 00:43:04,830
So, for folks who are on this board, I think most of us up here, all of us up here are

457
00:43:04,830 --> 00:43:10,330
very interested in continuing to build off of the good work of the organization to be pushing

458
00:43:10,330 --> 00:43:15,810
our projects in a direction that views things through a very nature-based lens.

459
00:43:17,030 --> 00:43:22,570
I mean, at this point, I, as someone who's been here for a year, I watched the Capitol

460
00:43:22,570 --> 00:43:28,170
and Hoover and Program Committee, and the projects are already kind of baked at that point.

461
00:43:30,090 --> 00:43:35,570
And I'm always thinking, oh, you know, have we done a robust evaluation of the ways that

462
00:43:35,570 --> 00:43:40,590
could be shaping these projects in a way that are really leveraging nature-based solutions.

463
00:43:41,250 --> 00:43:48,410
So my question for you is, for someone either on a status or out in the audience who really

464
00:43:48,410 --> 00:43:53,650
wants to continue to push the organization towards those kinds of projects, shaping projects

465
00:43:53,650 --> 00:44:00,190
in that way, can you talk a little bit more about how this process does that? I would imagine

466
00:44:00,190 --> 00:44:02,010
It's like very early in the process, right?

467
00:44:02,030 --> 00:44:04,750
We've got the ends policy, kind of starts there.

468
00:44:05,190 --> 00:44:08,170
As you mentioned, you've got the plans and stuff like that.

469
00:44:08,450 --> 00:44:10,630
And these projects are born out of that stuff.

470
00:44:11,110 --> 00:44:14,270
So I'm just kind of very high level, you know,

471
00:44:14,950 --> 00:44:17,350
how would one go about helping to shape things

472
00:44:17,350 --> 00:44:20,090
in a way that really see things more through that lens

473
00:44:20,090 --> 00:44:23,750
and or like what are the ways that that is already happening?

474
00:44:24,250 --> 00:44:26,250
Certainly, thank you for the question.

475
00:44:27,350 --> 00:44:29,890
So I brought us back to this slide here, highlighting

476
00:44:29,890 --> 00:44:37,490
the box that focuses on Master Plan's program plans and asset management program and having

477
00:44:38,290 --> 00:44:43,790
interested parties engage in the development process for these Master Plan's and programs.

478
00:44:44,370 --> 00:44:51,050
I think would be a great way to provide that level of feedback because these programs and plans

479
00:44:51,050 --> 00:44:57,570
are looking broader more holistically and I know included in this are the Watershed Master Plan's

480
00:44:57,570 --> 00:44:59,970
the Safe Clean Water Program which does have.

481
00:45:00,000 --> 00:45:07,200
Party defined projects, voter approved. But what does Prime Minister plan again has an engagement process

482
00:45:07,200 --> 00:45:12,620
where we bring it forward to the board? Any sort of opportunities like that to provide feedback or

483
00:45:12,620 --> 00:45:19,440
engage in the development of the plans? I think is a great way to include that type of feedback and input.

484
00:45:24,040 --> 00:45:28,900
I can also add that once a project is in the delivery process, there's alternatives that are

485
00:45:28,900 --> 00:45:35,280
that and what the consultant also helps us with is identifying different criteria to rank different

486
00:45:35,280 --> 00:45:43,480
alternatives. So when we look at those criteria it could be efficiency cost of course

487
00:45:43,480 --> 00:45:46,960
operations and maintenance how we're going to maintain it in the future with that looks like

488
00:45:46,960 --> 00:45:52,300
and we compare different alternatives. That information or those alternatives are brought to the board.

489
00:45:52,300 --> 00:45:59,080
So, if the criteria is something that you want to look at, obviously, you know, when you see

490
00:45:59,080 --> 00:46:03,600
the plans or the proposed project, those are something that we can do also.

491
00:46:09,960 --> 00:46:10,860
Dr. Shura?

492
00:46:11,780 --> 00:46:21,000
Thank you, Chair. I'd like to add a couple of things on top of what Steph just responded.

493
00:46:21,000 --> 00:46:25,840
as the chair of the Captain Povement Program.

494
00:46:27,980 --> 00:46:33,500
This chart is showing that how a proposed project

495
00:46:33,500 --> 00:46:35,580
is getting into the Captain Povement Program.

496
00:46:36,540 --> 00:46:43,100
And it really does not get into what the project is.

497
00:46:43,440 --> 00:46:47,200
So for example, the Kaori Creek Flo Protection Project

498
00:46:47,200 --> 00:46:55,020
that we just approved a M in the domain of these parcels. That project was in capital improvement

499
00:46:55,020 --> 00:47:02,740
program. I don't even know how many years ago, but then it takes the planning study design phase

500
00:47:02,740 --> 00:47:11,420
to figure out what the project is about. So at the capital improvement program committee, we reviewed

501
00:47:11,420 --> 00:47:19,540
status of projects that's already in the CIP program. So the planning feasibility phase, planning

502
00:47:19,540 --> 00:47:27,440
phase design phase, and construction phase. So that's where the project alternative comes

503
00:47:27,440 --> 00:47:38,220
about and that's how the criteria will drive her to get a project into a more nature-based

504
00:47:38,220 --> 00:47:39,200
solution.

505
00:47:41,380 --> 00:47:46,620
And many projects takes many years going through planning-based design-based

506
00:47:46,620 --> 00:47:56,300
to know what the project is really about. And it's actually Jessica and Luc, they're not in

507
00:47:56,300 --> 00:47:59,860
that process is the people who sits down there.

508
00:47:59,960 --> 00:48:05,300
They're the one that's driving or working together with the community,

509
00:48:06,100 --> 00:48:10,860
with the interest in party, with the board on where the project direction is.

510
00:48:11,100 --> 00:48:12,400
So I hope that's helpful.

511
00:48:16,580 --> 00:48:17,480
For the questions.

512
00:48:18,640 --> 00:48:19,880
I can just thank you.

513
00:48:21,340 --> 00:48:23,640
I'll move right along to 5.3,

514
00:48:23,940 --> 00:48:27,370
complete, I guess the board member and vice chair handle that.

515
00:48:27,370 --> 00:48:30,290
Thank you Mr. Chair, five point three,

516
00:48:30,430 --> 00:48:31,790
a plane against a board member.

517
00:48:32,550 --> 00:48:35,530
Recommendation, pursuant to Governor's policy six,

518
00:48:35,670 --> 00:48:37,890
point five, point seven, point one,

519
00:48:38,270 --> 00:48:40,370
consider the request of the Vice Chair of Santus

520
00:48:40,370 --> 00:48:43,830
to form a ethics and conduct at hot committee

521
00:48:43,830 --> 00:48:46,870
to timely address a complaint against a board member.

522
00:48:50,280 --> 00:48:51,480
Do I have some of the ones to speak?

523
00:48:52,220 --> 00:48:52,660
Oh, sorry.

524
00:48:54,280 --> 00:48:55,060
Yeah, keep going.

525
00:48:55,400 --> 00:48:55,960
Director, I'm sorry.

526
00:48:56,480 --> 00:48:58,240
Is this my complaint?

527
00:48:58,240 --> 00:49:12,240
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.

528
00:49:12,240 --> 00:49:17,520
a direct vice chair, Santa is one of the people I'm complaining about.

529
00:49:18,360 --> 00:49:23,020
So, I think it's weird that one I made a complaint,

530
00:49:23,660 --> 00:49:27,220
and I don't know if this actually has to do with my complaint or not.

531
00:49:28,300 --> 00:49:31,600
And two, if this does have to do with my complaint,

532
00:49:31,880 --> 00:49:36,240
I don't know why I haven't had an opportunity to articulate it.

533
00:49:36,240 --> 00:49:43,160
I mean, this is, that's not how this is supposed to work.

534
00:49:43,980 --> 00:49:45,660
Legal counsel, go right ahead, please.

535
00:49:46,180 --> 00:49:47,120
Thank you.

536
00:49:47,360 --> 00:49:52,720
Dr. Eisenberg in accordance with the governance policies of the board, 6.5.7.3 and

537
00:49:52,720 --> 00:49:56,060
from our information regarding the nature of the complaint must be kept to a minimum,

538
00:49:56,500 --> 00:49:59,700
and the identity of any complaint and witnesses must not be disclosed.

539
00:50:00,000 --> 00:50:15,120
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?

540
00:50:15,800 --> 00:50:22,720
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?

541
00:50:23,460 --> 00:50:26,600
I think that's fair. Yes, that is, this is your complaint.

542
00:50:26,600 --> 00:50:34,220
Okay. This is my thank you. This is my complaint. I own the privacy over it. I'm waving the

543
00:50:34,220 --> 00:50:40,740
privacy to say that my complaint is about continued pattern and practice of discrimination,

544
00:50:41,560 --> 00:50:49,500
hostile environment, mistreatment of me, public abuse, private abuse, physical threats,

545
00:50:49,980 --> 00:50:55,780
threats of violence, threats of lawsuits, which constitute psychological abuse,

546
00:50:57,340 --> 00:51:09,860
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.

547
00:51:09,940 --> 00:51:24,580
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.

548
00:51:24,580 --> 00:51:48,400
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.

549
00:51:48,400 --> 00:51:56,720
And I am entitled to say that the treatment of me is illegal, and that this is done in order to protect illegal conduct.

550
00:51:57,540 --> 00:52:04,100
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.

551
00:52:04,640 --> 00:52:14,660
There is no confidentiality or privacy as to crime or fraud. There is no privacy for commission of a crime.

552
00:52:14,660 --> 00:52:18,400
And falsifying public record is a crime.

553
00:52:18,700 --> 00:52:19,980
In fact, it's a felony.

554
00:52:20,320 --> 00:52:23,500
Check guys, I'm very, this is veering from the publicly noted.

555
00:52:23,540 --> 00:52:25,380
So I, my image.

556
00:52:26,280 --> 00:52:29,960
We just want to, we just want to focus on the

557
00:52:30,660 --> 00:52:32,620
complaint that you have already.

558
00:52:32,940 --> 00:52:34,320
You have not heard my complaint.

559
00:52:34,740 --> 00:52:35,640
You have not heard.

560
00:52:35,640 --> 00:52:35,960
You have not heard.

561
00:52:35,960 --> 00:52:36,000
You have not heard.

562
00:52:36,000 --> 00:52:36,260
You have not heard.

563
00:52:36,260 --> 00:52:36,520
You have not heard.

564
00:52:36,600 --> 00:52:36,720
You have not heard.

565
00:52:36,760 --> 00:52:37,360
You have not heard.

566
00:52:37,360 --> 00:52:40,400
You have not heard.

567
00:52:40,400 --> 00:52:40,940
You have not heard.

568
00:52:40,940 --> 00:52:47,840
what the governance policy will just like this agency added 50 more details to its initial

569
00:52:47,840 --> 00:52:55,280
complaint against me. I'm entitled under these policies to state my entire complaint and not

570
00:52:55,280 --> 00:53:00,780
what I put in email at that time. I can choose that it's inappropriate for me to put all the details

571
00:53:00,780 --> 00:53:07,000
of all the illegal actions taken against me and I'm entitled to put not put in that email. All

572
00:53:07,000 --> 00:53:13,240
of the hostel and I mean I was literally crying for the first part of this meeting because

573
00:53:13,240 --> 00:53:17,440
of the way I was treated by officers of this organization earlier.

574
00:53:17,920 --> 00:53:25,260
Things smirk that, I rolls yet laughing at me, well I'm talking about, you know, violations

575
00:53:25,260 --> 00:53:34,740
of ethics and then turning me into the wrong door for defending myself, I'm allowed to say to

576
00:53:34,740 --> 00:53:41,320
stop laughing at me, stop rolling your eyes at me, stop mocking me. That hurts me. I'm

577
00:53:41,320 --> 00:53:47,980
allowed to say that. That is not pointing out or thinking, you know, speaking directly, you

578
00:53:47,980 --> 00:53:54,060
are tingling out anyone. If someone is mistreating me, I have the right to say you're mistreating

579
00:53:54,060 --> 00:54:01,620
me. That is not abuse. That is me asking to be treated with respect. I know why this is happening.

580
00:54:01,620 --> 00:54:07,080
I know exactly what has been happening at this district.

581
00:54:07,780 --> 00:54:09,820
Every time I try to talk about it,

582
00:54:10,420 --> 00:54:12,880
like what is going to happen in a closed session after this,

583
00:54:13,120 --> 00:54:17,960
I am sued for violating closed session.

584
00:54:18,000 --> 00:54:19,340
Let me be very clear.

585
00:54:19,840 --> 00:54:21,780
Nothing I know is from closed session,

586
00:54:22,360 --> 00:54:24,420
because I don't learn anything at closed session.

587
00:54:24,980 --> 00:54:26,540
Everything I know is from victims

588
00:54:27,180 --> 00:54:29,140
and from other public documents.

589
00:54:29,140 --> 00:54:36,920
And I should not be sued for publicly stating information that I learned in legal ways.

590
00:54:37,480 --> 00:54:41,160
And this is abusive. You are out of line. You are abusive.

591
00:54:41,360 --> 00:54:41,940
You are trying to.

592
00:54:42,640 --> 00:54:43,460
This is abusive.

593
00:54:43,660 --> 00:54:44,880
I've had three minutes.

594
00:54:45,200 --> 00:54:46,580
We're going to put you out of order.

595
00:54:47,120 --> 00:54:49,080
And if it keeps on going, you're going to be removed.

596
00:54:49,600 --> 00:54:50,760
This is a bad thing.

597
00:54:51,160 --> 00:54:51,940
One more time.

598
00:54:52,680 --> 00:54:54,200
This is 5.3.

599
00:54:54,620 --> 00:54:58,580
This is my information that I have to provide to the fire.

600
00:54:59,000 --> 00:54:59,980
Well, so I liked it

601
00:55:00,000 --> 00:55:04,500
Go ahead and do this. Well, you have your objection, your tannery. If this is my

602
00:55:04,500 --> 00:55:09,920
retribution work, you are out of order. This is my complaint. This is the consensus of the board.

603
00:55:10,180 --> 00:55:15,740
Are you with me on this? I'm out of order. When I can't say my own. I may say,

604
00:55:15,920 --> 00:55:21,820
what is this? This is the law here. It's not going to be talking to the board. So, just a point

605
00:55:21,820 --> 00:55:26,900
of order. This is based on the complaint that you have filed specifically around a holiday.

606
00:55:26,900 --> 00:55:29,460
And so I don't want to religious discrimination.

607
00:55:30,180 --> 00:55:34,180
So well, the fact that I asked a reason why I

608
00:55:34,180 --> 00:55:38,460
commented, you are extremely beyond what was publicly noticed and what the public has not

609
00:55:38,460 --> 00:55:39,680
opportunity to comment on.

610
00:55:40,040 --> 00:55:44,140
So I just want to refocus us back to section 6.5.7.

611
00:55:44,620 --> 00:55:45,920
The night they'll make a virus.

612
00:55:46,240 --> 00:55:50,800
That that was not it and then make a vote on the committee in accordance with the policy.

613
00:55:50,860 --> 00:55:56,040
My complaint is also against the vice chair because he harassed me, he stood up and said he was

614
00:55:56,040 --> 00:55:59,000
going to point it to finger at me and threaten to get security on it.

615
00:55:59,000 --> 00:56:00,360
That was not part of the-

616
00:56:00,360 --> 00:56:02,960
Yes, that was in my email. Yes, that was in my email.

617
00:56:03,120 --> 00:56:05,880
It in my email also stated that this is just one example.

618
00:56:06,600 --> 00:56:11,360
So actually, you're mistaking my email, and I don't appreciate that.

619
00:56:11,500 --> 00:56:14,000
It's actually against the law to mistake public records.

620
00:56:14,140 --> 00:56:15,900
And my email is a public record.

621
00:56:16,580 --> 00:56:21,420
And it is also against the code to this code that you say you're enforcing

622
00:56:21,420 --> 00:56:24,560
to limit my complaint to one example.

623
00:56:24,560 --> 00:56:31,120
that was just a symptom. It's not the illness. What I am complaining about is a pattern in practice

624
00:56:31,120 --> 00:56:36,780
that the public has been able to witness of how I am treated, that when I object to the treatment

625
00:56:36,780 --> 00:56:42,880
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.

626
00:56:43,040 --> 00:56:48,980
As I said, when I finished 5.3, would you allow me to continue? Well, you are not the

627
00:56:48,980 --> 00:56:54,980
person to sit on the third time. Rebecca Eisenberg, you're out of order. What is the

628
00:56:54,980 --> 00:56:59,100
board of orders? You want to take a pause and then talk to our security, but remove

629
00:56:59,100 --> 00:57:04,240
the director Eisenberg. This is exactly what I'm saying. Please note this what I'm saying.

630
00:57:04,360 --> 00:57:12,700
Director Verella, what's your opinion here? I want a motion to carry on with item 5.3. If

631
00:57:12,700 --> 00:57:17,320
he does not allow us to continue, we'll take a recess and then come back and she'll be removed.

632
00:57:18,040 --> 00:57:19,620
I think that you're continuing.

633
00:57:19,840 --> 00:57:20,200
I think my point.

634
00:57:20,200 --> 00:57:21,320
Is there a second?

635
00:57:21,800 --> 00:57:22,280
There's a second.

636
00:57:22,280 --> 00:57:23,800
There's a motion by Mr. Verella.

637
00:57:23,860 --> 00:57:25,700
Second by Nyshua to continue.

638
00:57:26,080 --> 00:57:26,860
That's what we'll do.

639
00:57:26,940 --> 00:57:28,320
Five point three.

640
00:57:29,100 --> 00:57:31,620
To continue means to delay it for the next meeting.

641
00:57:33,580 --> 00:57:36,360
I have a script here to read with all seriousness.

642
00:57:37,100 --> 00:57:37,880
Five point three.

643
00:57:38,200 --> 00:57:38,440
This item.

644
00:57:38,560 --> 00:57:40,000
I am the person making the complaint.

645
00:57:40,140 --> 00:57:41,660
This is retaliation.

646
00:57:43,160 --> 00:57:43,500
You are engaged.

647
00:57:43,520 --> 00:57:46,600
This item relates to a form of complaint against a board member.

648
00:57:46,600 --> 00:57:57,580
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.

649
00:57:58,640 --> 00:58:09,700
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.

650
00:58:09,700 --> 00:58:16,800
If the board does not approve my request to form a committee, then I alone will address the

651
00:58:16,800 --> 00:58:20,620
complaint in accordance with the government policies of the board.

652
00:58:21,680 --> 00:58:28,640
To be clear, today we are only discussing the formation of a committee and not the substance

653
00:58:28,640 --> 00:58:30,920
of the complaint itself.

654
00:58:31,600 --> 00:58:37,700
As a governance process explicitly states, for the public meeting on the Vice Chair's request,

655
00:58:37,700 --> 00:58:44,340
the rights of the complaint and the witnesses must be respected and the information regarding

656
00:58:44,340 --> 00:58:49,760
the nature of this complaint must be kept to a minimum and the identity of any complaint

657
00:58:49,760 --> 00:58:58,060
and witnesses must not be discussed. Anyone who violates our government's process will be ruled out

658
00:58:58,060 --> 00:59:04,380
of order. The government's policy of the board further requires the vice chair shall nominate

659
00:59:04,380 --> 00:59:07,880
an additional member of the committee as part of the request.

660
00:59:09,380 --> 00:59:16,660
At this time, I'm not a nominating Director Nayshuah to be part of the committee if formed.

661
00:59:17,900 --> 00:59:20,280
Director Nayshuah, do you agree to this nomination?

662
00:59:24,410 --> 00:59:25,190
I want to do it.

663
00:59:25,470 --> 00:59:26,730
Thank you.

664
00:59:27,510 --> 00:59:29,970
The committee will consist of myself and Director Nayshuah.

665
00:59:30,790 --> 00:59:36,390
Do I hear a motion to create an ethics and conduct at how committee of myself

666
00:59:36,390 --> 00:59:40,450
and to recognize you, to address the complete recede.

667
00:59:40,470 --> 00:59:43,310
So note, there's a motion by our director, Virello.

668
00:59:44,150 --> 00:59:45,370
I was second that.

669
00:59:45,450 --> 00:59:47,310
There's a second by director, too.

670
00:59:47,530 --> 00:59:49,150
Any further discussion on this?

671
00:59:51,600 --> 00:59:52,620
I'm going to read it.

672
00:59:52,620 --> 00:59:53,180
All of favor?

673
00:59:54,240 --> 00:59:55,140
Excuse me, Chair.

674
00:59:55,320 --> 00:59:56,880
We do have some public comments online.

675
00:59:57,000 --> 00:59:58,180
Would you like to hear those first?

676
00:59:58,400 --> 00:59:58,920
Here we go.

677
00:59:59,160 --> 00:59:59,420
I'm sorry.

678
01:00:00,000 --> 01:00:27,860
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.

679
01:00:29,040 --> 01:00:32,560
When you have completely silenced District 7 with the punitive

680
01:00:33,800 --> 01:00:36,900
pettiness of an infinite censure of one of your directors.

681
01:00:38,720 --> 01:00:41,120
And I might add, I've been attending a lot of the meetings

682
01:00:41,120 --> 01:00:43,720
and the hearings over the past couple of years.

683
01:00:45,800 --> 01:00:48,720
And some of this stuff seems quite trivial and there's a lot of time

684
01:00:48,720 --> 01:00:50,920
and money being wasted on it.

685
01:00:51,240 --> 01:00:55,240
I think that she's a director, she's elected by her constituency.

686
01:00:55,240 --> 01:01:01,400
you should let her speak. You can always automatically overrule her. So, I don't really see what the big deal is.

687
01:01:02,060 --> 01:01:09,300
Especially when you have a former CEO who is under investigation for who knows what and is collecting a full salary while under investigation.

688
01:01:11,460 --> 01:01:15,920
So, how much money has been wasted on all this and time?

689
01:01:15,920 --> 01:01:20,960
You guys, you got, you got rejected by the water commission for Pacheco Reservoir.

690
01:01:21,160 --> 01:01:35,300
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.

691
01:01:36,260 --> 01:01:41,700
Like I said, you can automatically overload. So what's the big deal? Thank you.

692
01:01:41,700 --> 01:01:45,480
You woke up, we have Ms. Deborah Golden,

693
01:01:47,560 --> 01:01:49,780
a Golden Golden?

694
01:01:49,780 --> 01:01:50,380
Yeah.

695
01:01:51,120 --> 01:01:56,520
Hi, I'm just keeping track of what's going on because I was one of the people who worked

696
01:01:56,520 --> 01:01:58,720
to get Rebecca Eisenberg into office.

697
01:01:59,140 --> 01:02:06,360
And I'm listening very carefully to these proceedings, and you may not like what she's saying,

698
01:02:06,540 --> 01:02:08,980
and you don't like the way she's presenting what she's saying.

699
01:02:08,980 --> 01:02:15,980
But I'm hearing what it sounds like to me with you director Centos is you just making things up

700
01:02:16,440 --> 01:02:21,720
I'm in it really I don't know enough about law, but I know that a director Eisenberg knows the law

701
01:02:21,720 --> 01:02:25,020
And you guys don't and that seems to be very clear

702
01:02:25,020 --> 01:02:28,080
And I just want you to know that I'm watching it and that it's very

703
01:02:28,640 --> 01:02:30,740
offensive and a fence to

704
01:02:32,140 --> 01:02:38,840
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

705
01:02:38,980 --> 01:02:43,520
Yeah, that's what I want to say, and I will see you in person at the next meeting.

706
01:02:45,240 --> 01:02:46,220
Thank you

707
01:02:46,220 --> 01:02:51,260
Okay, we have a motion in a second. We'll have a board

708
01:02:52,000 --> 01:02:54,280
Michael take roll call

709
01:02:54,280 --> 01:02:55,680
on this

710
01:02:55,680 --> 01:02:57,640
Who right here?

711
01:02:58,040 --> 01:03:02,240
Director Ballard director Bell director Eisenberg

712
01:03:03,540 --> 01:03:08,040
I don't know what this is this this is a false this is complete

713
01:03:08,040 --> 01:03:12,260
this is to create a committee about a complaint I made that this represents the complaint.

714
01:03:12,960 --> 01:03:17,520
I mean, and I mean, and I have people who are most of the bill about figuring a vote.

715
01:03:17,600 --> 01:03:23,680
Well, you can't have a committee to you know, they're yes or no. Well, there should be a committee,

716
01:03:24,380 --> 01:03:30,920
but it should not be people I'm complaining about in it. So I don't know whether that's yes or no.

717
01:03:31,120 --> 01:03:34,600
There should be a committee, but my complaint is about vice chair.

718
01:03:35,360 --> 01:03:45,680
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

719
01:03:45,680 --> 01:03:52,860
It's not speaking over me. I am not done. There should be an event with the roll call vote

720
01:03:53,920 --> 01:03:58,800
To act to Sheila for the record. This is abusive. Yes

721
01:03:58,800 --> 01:04:02,920
Correct. Vice your Santos. Yes. Director of Aurella. Chair, Estimera.

722
01:04:05,240 --> 01:04:07,000
Thank you. Motion passes.

723
01:04:07,560 --> 01:04:08,080
The records.

724
01:04:09,060 --> 01:04:12,060
I mean, I mean, it's not been formed.

725
01:04:12,740 --> 01:04:17,800
And not you and myself or on the end, how committee will take the appropriate measures in accordance with

726
01:04:17,800 --> 01:04:20,480
Governor policies that aboard to address this complaint.

727
01:04:20,560 --> 01:04:21,720
You're not taking it wrong.

728
01:04:21,980 --> 01:04:22,940
It is not appropriate.

729
01:04:22,960 --> 01:04:24,020
It's not a complaint.

730
01:04:24,980 --> 01:04:28,100
It is not appropriate to put people on complaining about on the committee.

731
01:04:28,100 --> 01:04:34,080
that violates your roles. And that is crazy. Right, we're back to board committee reports

732
01:04:34,080 --> 01:04:35,640
5.4.

733
01:04:41,440 --> 01:04:48,300
Then if there any questions regarding our committees? Okay, we'll move right along to 8.1.

734
01:04:49,520 --> 01:04:56,800
Approve amendment number 1 to agreement number 850198 with Rincon consultants incorporated

735
01:04:56,800 --> 01:04:59,980
For my environmental planning and regulatory committee service

736
01:05:00,000 --> 01:05:21,840
, 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.

737
01:05:21,840 --> 01:05:23,380
Brian, good afternoon.

738
01:05:26,800 --> 01:05:29,440
Yes, good afternoon, Chair and Board Directors. I'm Ryan McCartard,

739
01:05:29,720 --> 01:05:33,760
Deputy Operating Officer of the Dam Safety and Capital of Lurory Division. So yes, we do have an

740
01:05:33,760 --> 01:05:40,800
amendment here for this ringcon agreement that was originally executed in April of 2024,

741
01:05:41,460 --> 01:05:47,740
and they came in to help us complete the draft and final EIR for our SQL requirements, and they

742
01:05:47,740 --> 01:05:53,660
achieved that with great success and along the way, it developed a lot more cultural needs

743
01:05:53,660 --> 01:06:06,440
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.

744
01:06:06,800 --> 01:06:08,460
Now I'm here to take any questions.

745
01:06:22,260 --> 01:06:22,860
Questions?

746
01:06:22,860 --> 01:06:30,860
and update on the particular reservoir expansion project, close up, project number 919-540-02.

747
01:06:33,520 --> 01:06:41,300
Sorry. Oh, sorry. I thought I had it on the, sorry. Same, same. Yeah. All right,

748
01:06:41,460 --> 01:06:45,680
they point to the sorry I'll come back to 8.2. I was a resident of Chief Executive Officer

749
01:06:45,680 --> 01:06:49,880
to negotiate an execute. And I'm compared to the single source agreement for a nine part.

750
01:06:49,880 --> 01:06:57,020
12D independent consultant safety inspection report of Anderson Dam from geosynthic consultants incorporated

751
01:06:57,020 --> 01:07:05,020
We're not to see the amount of 825,000 for the dam safety project number project number 91008

752
01:07:06,360 --> 01:07:06,920
1007

753
01:07:07,680 --> 01:07:13,240
Yes, good afternoon again, so this one is for the Anderson Dam, but actually not for the seismic retrofit project

754
01:07:13,240 --> 01:07:18,960
So this is a comprehensive assessment that's required to be done every five years as a federal

755
01:07:18,960 --> 01:07:24,380
regulated dam under the Federal Energy and Regulatory Commission. So this will be our ninth report

756
01:07:24,380 --> 01:07:28,940
with this nature and it's a little bit tricky because we can't use any consultants that are

757
01:07:28,940 --> 01:07:34,160
doing anything else for us on the dam. So that kind of ruled out all of the other consultants

758
01:07:34,160 --> 01:07:38,840
and left one remaining so that's why we had to use a sole source agreement to give them this

759
01:07:38,840 --> 01:07:40,580
agreement to perform this assessment.

760
01:07:42,920 --> 01:07:45,780
For the, to prove the last one standing.

761
01:07:48,900 --> 01:07:56,200
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

762
01:07:56,820 --> 01:08:04,420
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?

763
01:08:04,800 --> 01:08:10,840
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.

764
01:08:11,140 --> 01:08:13,340
Right. Thank you. Actually, I'm going to get afternoon.

765
01:08:13,340 --> 01:08:21,940
Hi. Okay, so I'm going to provide a brief update on the close-out process progress for the

766
01:08:21,940 --> 01:08:28,580
Bichaco Reservoir Expansion Project. So we've, staff has reviewed and identified a list of tasks

767
01:08:28,580 --> 01:08:35,260
required to document and preserve all the project records and work products to facilitate development

768
01:08:35,260 --> 01:08:40,840
of future projects as well as closing out the project. And they largely fall into four categories.

769
01:08:40,840 --> 01:08:47,560
consultant coordination, real estate, external funding, funding agreements, and then other tasks.

770
01:08:48,500 --> 01:08:54,780
So for consultant coordination, we staff informed the consultants of the board decision and

771
01:08:54,780 --> 01:09:00,140
provide direction to stop work on prep components on August 27 following the board meeting.

772
01:09:00,700 --> 01:09:05,900
Since then, we've been coordinating with the consultants on developing a scope and budget for a close-out

773
01:09:05,900 --> 01:09:15,700
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.

774
01:09:16,800 --> 01:09:25,480
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.

775
01:09:26,640 --> 01:09:31,520
monitoring equipment will need to be removed from three of the sites, in one case additional

776
01:09:31,520 --> 01:09:37,780
access rights will be required and will negotiate those at appropriate time. Once all the

777
01:09:37,780 --> 01:09:42,160
equipment has been removed from those sites, staff will then seek to terminate the agreements

778
01:09:42,160 --> 01:09:47,560
with those three impacted properties. No action is required for the other field investigation

779
01:09:47,560 --> 01:09:54,620
access agreements. Additionally, value water entered into an option agreement to purchase a

780
01:09:54,620 --> 01:09:59,860
property on Cedar Creek and staff is currently determining the appropriate next steps.

781
01:10:00,000 --> 01:10:05,800
We'll provide a status update to the board in the future on that one. We also have an option agreement with

782
01:10:05,800 --> 01:10:12,620
Pichaco Passwater District. This was to purchase north fork, dam and reservoir at the completion of the design of the project.

783
01:10:13,340 --> 01:10:20,860
Part of this option agreement also includes access rights. Additionally, we've got monitoring equipment on this property as well.

784
01:10:21,320 --> 01:10:28,260
Once Valley Water has removed all of that equipment and no longer needs access to their property, we will terminate that agreement.

785
01:10:29,640 --> 01:10:37,300
The external funding came from two main sources, a wifio loan and a grant from the water storage investment program.

786
01:10:38,780 --> 01:10:44,420
For the wifio loan staff has already submitted a formal request letter to the EPA to terminate the loan.

787
01:10:44,600 --> 01:10:48,160
We had not drawn upon that loan prior to the board's decision.

788
01:10:48,960 --> 01:10:57,940
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.

789
01:10:57,940 --> 01:11:15,740
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.

790
01:11:16,500 --> 01:11:25,420
And staff will also be attending the commission meeting tomorrow to provide an update and answer any questions from the commission regarding the withdrawal.

791
01:11:26,960 --> 01:11:32,840
And then other closed-out tasks include closing or terminating a variety of agreements, such

792
01:11:32,840 --> 01:11:38,420
as the MOU we have with San Miguel County Water District, an interconnection agreement with

793
01:11:38,420 --> 01:11:43,860
PG&E through the power and water resources pulling authority and several agreements with

794
01:11:43,860 --> 01:11:48,300
CalTrans for some of the prep elements that have been a long state route 152.

795
01:11:49,000 --> 01:11:54,400
Additionally, staff will coordinate with records and library staff to achieve archive all

796
01:11:54,400 --> 01:12:01,550
project files once the closed out task orders are complete and this will include a closed out report from staff that we are compiling.

797
01:12:02,860 --> 01:12:04,600
With that stand five for questions.

798
01:12:04,880 --> 01:12:09,900
Thank you Ryan and all the staff and all you folks that worked you've done in any comments.

799
01:12:10,400 --> 01:12:11,380
Go right ahead.

800
01:12:14,600 --> 01:12:15,260
Go ahead.

801
01:12:16,140 --> 01:12:16,580
So.

802
01:12:17,640 --> 01:12:17,950
Great.

803
01:12:18,480 --> 01:12:19,320
I'm being contacted.

804
01:12:19,620 --> 01:12:25,500
I have been contacted by several constituents that I represent in district one and also.

805
01:12:25,500 --> 01:12:32,240
from the San Bonito region as well, as to the potentiality of keeping this project alike.

806
01:12:32,940 --> 01:12:33,540
And not

807
01:12:35,620 --> 01:12:37,540
what we're being asked to do today.

808
01:12:38,120 --> 01:12:43,000
So, I'm asking the board if there's a consideration to want to put this on the shelf

809
01:12:43,000 --> 01:12:48,420
until we really make the determination that we want to eliminate this project for the future.

810
01:12:48,640 --> 01:12:49,500
There was some interest.

811
01:12:49,900 --> 01:12:53,860
At the time, we had collaboration with people in that particular part of the area.

812
01:12:53,860 --> 01:13:01,240
including from the Pahro Valley region as well to have the continuation of this project move forward.

813
01:13:01,820 --> 01:13:07,420
So would it make sense to not put the nail in the coffin, but to put this on the shelf and continue

814
01:13:07,420 --> 01:13:12,700
this conversation at a future meeting maybe next year or year after that or for the next board

815
01:13:12,700 --> 01:13:15,920
that comes in replace some of us for consideration? That's my question.

816
01:13:16,600 --> 01:13:20,520
Yeah, thank you, John. We'll let the or CEO address that.

817
01:13:20,520 --> 01:13:26,240
Yes. Thank you, Director Verla. I appreciate that question and that is exactly what staff is intending to do.

818
01:13:26,720 --> 01:13:34,620
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.

819
01:13:34,800 --> 01:13:39,500
The main thing we're doing is giving up the whistle money. We're giving that back to a good point.

820
01:13:39,780 --> 01:13:48,720
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,

821
01:13:48,720 --> 01:13:51,040
but not through the water storage investment program.

822
01:13:51,060 --> 01:13:53,140
We would have to now return with you.

823
01:13:53,180 --> 01:13:56,080
I mean, we can't put that in consideration as well.

824
01:13:56,320 --> 01:14:00,380
I believe that we have already terminated the with you along.

825
01:14:00,680 --> 01:14:01,380
I'm looking to Darren.

826
01:14:01,540 --> 01:14:04,180
We have already done that on this project.

827
01:14:04,880 --> 01:14:07,760
And I don't know if you want to address that, Aaron.

828
01:14:13,020 --> 01:14:15,360
Good afternoon, Darren Taylor, Chief Financial Officer.

829
01:14:15,640 --> 01:14:19,000
What we have right now is a termination agreement from the EPA.

830
01:14:19,340 --> 01:14:20,920
We have not signed it yet.

831
01:14:20,920 --> 01:14:24,620
but we are in process, heading that direction.

832
01:14:25,580 --> 01:14:28,340
Well, don't need to close.

833
01:14:28,460 --> 01:14:29,380
What's the point of what they're thinking?

834
01:14:30,040 --> 01:14:30,780
It's really,

835
01:14:32,720 --> 01:14:33,600
don't want to close.

836
01:14:37,400 --> 01:14:39,160
In the demo, actually, now.

837
01:14:39,420 --> 01:14:41,140
So we have a sign, we have a sign in the agreement

838
01:14:41,140 --> 01:14:42,120
to return the fund.

839
01:14:44,770 --> 01:14:45,550
We'll try to go to the net.

840
01:14:46,030 --> 01:14:47,670
Well, good, don't worry.

841
01:14:48,290 --> 01:14:49,410
Should I have a sentence, James, next?

842
01:14:49,690 --> 01:14:50,330
All right.

843
01:14:50,890 --> 01:14:52,010
Hey, should I have a sentence?

844
01:14:52,130 --> 01:14:52,270
Let's go.

845
01:14:53,750 --> 01:14:55,290
Um, a couple of things.

846
01:14:55,290 --> 01:14:59,970
You can one, reading through the brief in the...

847
01:15:00,000 --> 01:15:29,200
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.

848
01:15:30,380 --> 01:15:38,020
So I want to say that, and also at the meeting where we did pull the plug on this, Tara

849
01:15:38,020 --> 01:15:44,180
Stamera, you know, I think legitimately and sincerely got very emotional in recognizing

850
01:15:44,180 --> 01:15:51,300
the staff hard work that went into this. And so I just, I, you know, I was reminded of that

851
01:15:51,300 --> 01:15:57,960
in reading the material. I also given what Dr. Borella just mentioned and related to that point.

852
01:15:57,960 --> 01:16:02,820
I think we need to be on the board need to be really, really clear on what the direction is,

853
01:16:03,140 --> 01:16:07,520
so that it doesn't feel like, okay, you know, any given Tuesday we're like, hey, let's start it again.

854
01:16:07,800 --> 01:16:14,780
And then next, no, let's, let's pull the plug and no, let's change. So I appreciate what you just said in

855
01:16:14,780 --> 01:16:21,300
clarifying what is the decision that we made, what are we doing? And I think we, we just need to

856
01:16:21,300 --> 01:16:27,620
be really clear about that and not be changing our minds every other Tuesday. I'm comfortable

857
01:16:27,960 --> 01:16:38,780
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.

858
01:16:44,260 --> 01:16:46,500
So, looking at this memo.

859
01:16:47,300 --> 01:16:54,840
Please correct me if I'm wrong, but it looks like approximately $75 million was spent on consultants.

860
01:16:58,570 --> 01:17:00,490
Kenny, I'm sorry can you turn on your mic please?

861
01:17:01,250 --> 01:17:02,910
Yes, I believe that's correct.

862
01:17:03,710 --> 01:17:05,710
So can you confirm that that's correct?

863
01:17:06,050 --> 01:17:09,290
70, approximately 75 million dollars spent on consultants.

864
01:17:10,790 --> 01:17:12,430
I don't have the memo in front of me,

865
01:17:12,470 --> 01:17:14,470
but if that's what it was included in there,

866
01:17:14,610 --> 01:17:15,410
then that's correct.

867
01:17:16,350 --> 01:17:18,050
Yeah, that's what it was included there.

868
01:17:18,370 --> 01:17:20,110
And then underneath it,

869
01:17:20,390 --> 01:17:23,930
it said there was a reference to minor consultants

870
01:17:25,670 --> 01:17:30,470
and then about a million dollars for property access.

871
01:17:30,490 --> 01:17:36,350
in a different, what is the total amount?

872
01:17:37,090 --> 01:17:42,090
I mean, I really only see as to expenditures,

873
01:17:42,970 --> 01:17:51,550
listing consultants and real estate where their contractors,

874
01:17:52,270 --> 01:17:57,110
construction companies, things that don't qualify as consultants.

875
01:17:57,110 --> 01:18:14,150
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.

876
01:18:15,130 --> 01:18:21,290
So, how about was there purchases of any equipment? Yes. And is that represented here?

877
01:18:21,290 --> 01:18:32,410
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.

878
01:18:32,570 --> 01:18:42,290
I see only approximately 75 plus one like 76 million dollars. Where's the breakdown on.

879
01:18:42,290 --> 01:18:52,590
equipment expenditures, we did not get into that level of detail in this memo. So to me 24 million dollars is

880
01:18:52,590 --> 01:18:53,690
not a detail.

881
01:18:54,590 --> 01:18:58,250
I think that the public should know how that

882
01:18:59,290 --> 01:19:00,690
un, you know,

883
01:19:00,690 --> 01:19:12,110
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

884
01:19:12,110 --> 01:19:16,650
You know how much was spent on legal fees in you know

885
01:19:17,570 --> 01:19:24,370
In losing the lawsuit pretty badly. That was sued against us by the stop the

886
01:19:24,370 --> 01:19:34,090
to take a damn coalition, are those legal fees and the penalties that we were ordered

887
01:19:34,090 --> 01:19:44,050
to pay and that we settled to agree on only maybe $300,000,000, rather than maybe the $500,000

888
01:19:44,050 --> 01:19:44,990
that they asked for.

889
01:19:45,210 --> 01:19:51,430
Those are maybe $12 million or more legal fees included also in this in the $100 million.

890
01:19:51,430 --> 01:19:59,970
So, I think that the water commission is going to want a breakdown, and I think...

891
01:20:00,000 --> 01:20:15,920
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.

892
01:20:17,520 --> 01:20:30,920
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.

893
01:20:31,920 --> 01:20:36,520
Yeah, we can include that or include more information and if you drop date.

894
01:20:36,820 --> 01:20:42,440
And tomorrow, when you speak with a Watt State Water Commission, because I see that it's still

895
01:20:42,440 --> 01:20:49,740
on the agenda, are you going to be providing to the State Water Commission this level of detail?

896
01:20:50,040 --> 01:20:52,000
That was not something that they'd asked for.

897
01:20:52,500 --> 01:20:59,880
The presentation tomorrow is going to include a brief update as to how the board came upon the decision

898
01:20:59,880 --> 01:21:04,220
on August as well as some of the benefits that came out of the project with the early funding

899
01:21:04,220 --> 01:21:11,420
agreement money. Well, I read actually the agenda item and that's not what the agenda item says.

900
01:21:11,900 --> 01:21:20,200
It says it wants to know more like why this board without asking the board, I guess, you know,

901
01:21:20,260 --> 01:21:28,700
made the determination to stop all work on this dam and it asked really what mistakes were made.

902
01:21:29,400 --> 01:21:32,000
And how we can learn from our mistakes.

903
01:21:34,100 --> 01:21:37,840
And, you know, I don't read any sort of benefits.

904
01:21:38,100 --> 01:21:42,180
The benefits are what we learn from the mistakes that were made.

905
01:21:42,640 --> 01:21:45,100
Of course, that's something that they want to ask

906
01:21:45,100 --> 01:21:51,440
because so that other water districts don't spend waste a hundred million dollars.

907
01:21:52,080 --> 01:21:54,720
So last quick question, is there a presentation?

908
01:21:54,720 --> 01:21:59,960
you're going to be providing in in deck form or in written form or otherwise to the water commission tomorrow.

909
01:22:01,700 --> 01:22:09,920
There is no presentation. It is just speaking points that it will be in R&CU, Maloney Richardson and Ryan McArthur.

910
01:22:10,800 --> 01:22:18,840
So you'll be answering questions and what are you going to say about what mistakes remain and what you learn from them?

911
01:22:18,860 --> 01:22:21,140
I'm going to refer that to Ryan since he's doing that presentation.

912
01:22:23,460 --> 01:22:29,000
Yeah, I did not see that in the memo for the agenda tomorrow at the water commission and we've

913
01:22:29,000 --> 01:22:33,120
also spoken with the staff and they prepared us for what the commission has asked for.

914
01:22:33,660 --> 01:22:40,060
And that is talking about what we did in the early funding agreement and joint cost sharing with the water commission.

915
01:22:40,360 --> 01:22:41,460
And that's what I'll be talking about.

916
01:22:41,680 --> 01:22:45,980
I guess it's just my interpretation of the agenda item, which I don't have pulled up in front of me.

917
01:22:46,000 --> 01:22:50,600
I mean, that's to me what the agenda item asked for.

918
01:22:50,600 --> 01:22:54,260
I mean, of course, anything is open to interpretation.

919
01:22:55,340 --> 01:22:59,780
I just, for me, that seemed like how I interpreted it.

920
01:23:00,340 --> 01:23:02,620
So, and I do think that's what they would want to know.

921
01:23:03,040 --> 01:23:07,600
But I guess we'll see what happens tomorrow with that.

922
01:23:07,800 --> 01:23:10,320
I guess I just do want to offer my opinion

923
01:23:10,320 --> 01:23:13,840
that I think that organizations and individuals

924
01:23:13,840 --> 01:23:18,500
come off better when they take responsibility

925
01:23:18,500 --> 01:23:28,220
for their actions. And just like in baseball, every even the best players strike out or make errors.

926
01:23:28,980 --> 01:23:35,400
The problems arise when they either can't shake it off or when they deny it.

927
01:23:35,920 --> 01:23:45,000
So, I just hope that, you know, tomorrow's meeting will reflect high integrity and courage.

928
01:23:45,600 --> 01:23:53,940
So, this isn't easy, I'm certainly not saying it is, but we're talking about a $100 million

929
01:23:53,940 --> 01:24:01,480
of public money that was spent. And, you know, while lawsuits were being filed and the

930
01:24:01,480 --> 01:24:05,160
public highly objected, and at least one board director, it was opposed to this the whole

931
01:24:05,160 --> 01:24:11,540
time. So, I'd like to think that maybe a lesson learned is listening to the public more.

932
01:24:13,560 --> 01:24:16,680
Anyway, thank you.

933
01:24:16,860 --> 01:24:17,780
Director Bell.

934
01:24:20,950 --> 01:24:27,280
The agenda item was to close out for this item.

935
01:24:28,580 --> 01:24:32,320
And it didn't have the breakdown of where the money was spent.

936
01:24:32,600 --> 01:24:44,260
So I would like to request the staff prepare us with a detailed report about the money that was spent on this project.

937
01:24:44,260 --> 01:24:47,120
And if that could be done, I'd appreciate it.

938
01:24:47,140 --> 01:24:50,200
I think it's pertinent to the agenda item.

939
01:24:51,100 --> 01:24:59,960
The second thing would be the question I had was how much-

940
01:25:03,300 --> 01:25:09,940
So we did not purchase any property, because we could not do that since we had not completed

941
01:25:09,940 --> 01:25:17,060
the sequence analysis. We did have option agreements on two different properties and those

942
01:25:17,060 --> 01:25:19,840
were the ones that I mentioned earlier that we will.

943
01:25:22,580 --> 01:25:25,420
I don't have those numbers off the top of my head.

944
01:25:25,420 --> 01:25:33,120
I know one was for potential mitigation, and I want to say it was around 70 acres, but I'd have to confirm that.

945
01:25:33,480 --> 01:25:39,880
And then the other one was the actual, the PPWD property. So for the more for the young and the existing reservoir.

946
01:25:42,000 --> 01:25:47,520
Is that mitigation on the, I think it was historical resources correct?

947
01:25:48,260 --> 01:25:54,000
No, it was for the, I'm sorry, the I think a more aluvial wetland.

948
01:25:54,460 --> 01:25:55,120
Which one?

949
01:25:55,420 --> 01:25:59,860
It was called Cedar Creek Property, and it was primarily for the, um, the Eluvial

950
01:25:59,860 --> 01:26:04,240
It's going to be next to our Jay situ, uh, Henry Cole State Park.

951
01:26:04,900 --> 01:26:07,700
Um, I don't know or about, yes, okay.

952
01:26:09,200 --> 01:26:13,560
Okay, maybe, and maybe some, they might be interested, and that's why I'm raising an issue.

953
01:26:15,060 --> 01:26:17,680
They might be interested in that.

954
01:26:17,740 --> 01:26:23,140
That particular, um, parcel of the, uh, that's adjacent to the park.

955
01:26:24,760 --> 01:26:29,180
It's a jewel of a park, you know, everybody loves that park in our county.

956
01:26:32,080 --> 01:26:37,200
Not too many people go up there, but you know, backfatting and everything, it's just wonderful.

957
01:26:39,580 --> 01:26:41,400
I want that information.

958
01:26:41,880 --> 01:26:49,860
I think that if we're going to say, oh, we're going to reconsider this, it should be done

959
01:26:49,860 --> 01:26:56,720
the context of our long-range planning and not interfere with the projects we have underway

960
01:26:56,720 --> 01:27:01,160
because we have projects that we've determined and because effectively we want to proceed with

961
01:27:01,160 --> 01:27:11,600
those to be completed on time and on budget and we should not be distracted in doing so.

962
01:27:11,600 --> 01:27:20,500
However, if we have a discussion in the future of our water supply master plan or the documents

963
01:27:20,500 --> 01:27:26,860
of the long range planning, if it's just that probably the proper rate for any me or anybody else

964
01:27:26,860 --> 01:27:32,580
to raise projects that could help us with the water supply master plan and board member can raise

965
01:27:32,580 --> 01:27:40,420
those issues. That particular time, I believe that's our process. Is that correct? The water supply

966
01:27:40,420 --> 01:27:54,530
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.

967
01:27:54,690 --> 01:28:09,490
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.

968
01:28:09,490 --> 01:28:37,290
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.

969
01:28:37,290 --> 01:28:46,760
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

970
01:28:47,710 --> 01:28:51,460
That we talked about earlier, and so once we have all that

971
01:28:52,670 --> 01:29:01,430
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

972
01:29:01,430 --> 01:29:03,370
So we can have that

973
01:29:03,370 --> 01:29:05,310
Yes, we can we get the dog

974
01:29:05,310 --> 01:29:09,830
Well, you could get you can get whatever numbers to have I'll request that you're not just we all the numbers

975
01:29:09,830 --> 01:29:16,770
So when we have a public record request or no, we can have those numbers, but at that point

976
01:29:16,770 --> 01:29:24,370
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

977
01:29:25,050 --> 01:29:30,910
All of the clothes out. You're not going to get final numbers. So if you want whatever numbers they have

978
01:29:30,910 --> 01:29:35,250
Sure fine. I'll analyze that. Yeah, so that's what you're going to get. That's all your numbers

979
01:29:35,310 --> 01:29:41,030
that they have. Okay, we got. I just want to information now so we can get.

980
01:29:41,110 --> 01:29:45,210
Mr. Juan, I heard you. I heard both of you. That's why I'm responding to you.

981
01:29:45,270 --> 01:29:51,410
Thank you. Okay, that you can have. Well, because because the other director was on here,

982
01:29:53,970 --> 01:29:54,750
director of the realm.

983
01:29:58,060 --> 01:29:59,800
So there was another agreement.

984
01:30:00,000 --> 01:30:10,140
By the way, with the indigenous tribe of the omelmutsin that valley water contributed towards a monument.

985
01:30:11,640 --> 01:30:22,280
Indigenous cultural land in a particular part. If you recall, we had even had a ceremonial event here honoring the omelmutsin at that point.

986
01:30:22,280 --> 01:30:28,000
So I think the number was somewhere around $250,000 that that number comes up.

987
01:30:28,420 --> 01:30:33,200
So wherever that money came from, also should be itemized in what we're requesting for

988
01:30:33,200 --> 01:30:34,060
final numbers.

989
01:30:37,380 --> 01:30:40,700
Yeah, it was all the numbers. What are the numbers on? That's I just wanted to

990
01:30:40,700 --> 01:30:43,860
bring that up because we did that as well.

991
01:30:47,950 --> 01:30:52,810
Thank you chair. I just want to clarify and correct

992
01:30:52,810 --> 01:31:00,110
something I said earlier, when I had earlier read the agenda, are you done chair, vice chair?

993
01:31:00,370 --> 01:31:07,850
Okay, so earlier when I had referenced the water commission agenda for tomorrow's meeting,

994
01:31:08,750 --> 01:31:14,470
I think I was looking at an earlier version, and right now actually what the agenda for tomorrow

995
01:31:14,470 --> 01:31:21,530
says is actually even more specific and demanding, they say that representatives,

996
01:31:21,530 --> 01:31:28,170
Representatives of Santa Clara Valley Water District Valley Water will discuss the reasons behind

997
01:31:28,170 --> 01:31:36,470
the project withdrawal and how Valley Water spent early funding from the Water Storage Investment

998
01:31:36,470 --> 01:31:37,090
Program.

999
01:31:37,950 --> 01:31:44,810
So if you're saying $100 million was spent, how much of that was from WISP, $24 million,

1000
01:31:44,810 --> 01:31:50,390
And which subsection of that was of the 100 million was for WISO?

1001
01:31:51,410 --> 01:31:54,510
So that money was spent on some of the consultant agreements

1002
01:31:54,510 --> 01:31:59,690
and some of the specific design documents that were done during that period.

1003
01:32:00,830 --> 01:32:04,410
So the 24 million, only 24 million of early funding was spent

1004
01:32:04,410 --> 01:32:05,870
and are they asking for that back?

1005
01:32:07,350 --> 01:32:10,590
So they did us a solid that they didn't have to do.

1006
01:32:11,430 --> 01:32:12,570
That's good.

1007
01:32:13,410 --> 01:32:14,290
That's good news.

1008
01:32:14,290 --> 01:32:21,230
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

1009
01:32:21,970 --> 01:32:25,350
76 plus millions spent or do they not care about that?

1010
01:32:27,230 --> 01:32:28,610
I'm not going to speculate with that.

1011
01:32:29,030 --> 01:32:35,790
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

1012
01:32:36,430 --> 01:32:43,450
I'm guessing that'll be close to a to avoid litigation. Hopefully those will maybe close out with some

1013
01:32:43,450 --> 01:32:51,270
You know, settlement agreements with them because they're not going to be completing the engagement that they were hired for.

1014
01:32:51,750 --> 01:32:56,890
So arguably, the full expenses could be much higher than.

1015
01:32:57,430 --> 01:33:04,450
If they hold us, I mean, what are our rights to actually cancel without any termination fees of these consultants and agreements?

1016
01:33:06,750 --> 01:33:09,090
I'll defer to legal on that one.

1017
01:33:09,750 --> 01:33:10,970
Ryan may know the answer.

1018
01:33:11,590 --> 01:33:12,710
If you negotiate those agreements.

1019
01:33:14,390 --> 01:33:15,870
Just go ahead and ask.

1020
01:33:16,350 --> 01:33:17,790
The chair of Cardinals on the District Council.

1021
01:33:18,330 --> 01:33:26,970
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.

1022
01:33:27,490 --> 01:33:28,570
With how much notice.

1023
01:33:28,570 --> 01:33:30,930
Would it probably vary by agreement?

1024
01:33:31,670 --> 01:33:36,090
I'll look to Chief Yoke if she happens to know what the standard notice period is.

1025
01:33:36,110 --> 01:33:36,510
I was a cognizant.

1026
01:33:36,570 --> 01:33:40,190
So I wanted to know the specific notice period because we're talking one of them.

1027
01:33:40,190 --> 01:33:45,290
We're talking that the actual liability we could owe is 43 million dollars.

1028
01:33:46,690 --> 01:33:48,630
And another one it's 12 million.

1029
01:33:49,610 --> 01:33:54,670
So we're talking about we could potentially owe another 55 million dollars.

1030
01:33:54,670 --> 01:33:58,930
if we were required to pay out the contracts in full.

1031
01:34:02,450 --> 01:34:04,330
In fact, I think you should provide these contracts,

1032
01:34:04,390 --> 01:34:06,310
as my colleague just said,

1033
01:34:06,310 --> 01:34:07,990
but not into the mic.

1034
01:34:09,010 --> 01:34:09,530
Don't you agree?

1035
01:34:14,180 --> 01:34:14,320
Yes.

1036
01:34:15,540 --> 01:34:17,420
So the question is for the future,

1037
01:34:17,580 --> 01:34:19,600
if the clerk and please note this that

1038
01:34:19,600 --> 01:34:22,340
at least to direct Bell and Eisenberg request copies

1039
01:34:22,340 --> 01:34:25,100
of these agreement for our own review as well

1040
01:34:25,100 --> 01:34:26,160
and for the public's review.

1041
01:34:28,140 --> 01:34:29,380
Good afternoon. Good afternoon.

1042
01:34:29,460 --> 01:34:33,360
Teaching you chief operating officer for the Native Services Director, Eisenberg.

1043
01:34:33,620 --> 01:34:39,320
We'll definitely work with the clerk's office to get you and Director Bell and all board members.

1044
01:34:39,440 --> 01:34:41,880
And the policy that the Recosted documents.

1045
01:34:43,560 --> 01:34:46,540
Great. And to be clear, this is all consulting.

1046
01:34:46,800 --> 01:34:49,160
All agreements for which we haven't paid in full.

1047
01:34:50,940 --> 01:34:54,980
We'll work to clarify that request, but yes, all of our active contracts that they're requested.

1048
01:34:54,980 --> 01:34:56,800
You can definitely provide that.

1049
01:34:57,400 --> 01:34:59,960
Yeah, just, obviously, as you know, that these are...

1050
01:35:00,000 --> 01:35:07,180
Our outstanding potential liabilities. And until they're actually signed, the exposure is as high as the contract

1051
01:35:07,180 --> 01:35:10,040
amount, or more if it goes to litigation.

1052
01:35:11,720 --> 01:35:12,280
Okay.

1053
01:35:14,420 --> 01:35:17,780
All right.

1054
01:35:19,790 --> 01:35:20,590
Mr. Van Dyne?

1055
01:35:24,760 --> 01:35:25,940
Mr. Van Dyne? Yes.

1056
01:35:26,580 --> 01:35:33,940
Yeah, I just got on mute. It's first of all, it was a state war commission that made a decision

1057
01:35:33,940 --> 01:35:38,060
I guess they mandated that you closed the project.

1058
01:35:38,800 --> 01:35:40,780
Oh, they didn't, but go ahead.

1059
01:35:41,220 --> 01:35:43,060
Well, anyway, um, make a comment.

1060
01:35:43,660 --> 01:35:46,640
They still have, you still have that grant money.

1061
01:35:46,640 --> 01:35:50,840
And I'm just wondering how that's going to be used going forward.

1062
01:35:51,160 --> 01:35:53,560
And or if it has to be paid back.

1063
01:35:54,360 --> 01:35:58,980
It's unfortunate that we wasted a lot of time and money on a project that was

1064
01:35:59,740 --> 01:36:04,900
doomed from the beginning and we all know it was doomed based on the facts of the project.

1065
01:36:05,080 --> 01:36:07,800
It's already been rejected three times in the past year.

1066
01:36:07,960 --> 01:36:10,620
This will be the third time in the past 50 years.

1067
01:36:11,660 --> 01:36:18,020
So, you know, maybe we need to have more forward thinking going forward when we get grant money and we plan on spending it.

1068
01:36:18,920 --> 01:36:25,680
At this point, based on sequin, all the other environmental and ecological requirements in California, I believe.

1069
01:36:26,620 --> 01:36:32,580
dams are becoming obsolete as a 20th century engineering solution for things.

1070
01:36:34,220 --> 01:36:41,280
So we need to really start thinking outside the box and get more in a conservation in some more nature-based solutions.

1071
01:36:42,980 --> 01:36:49,660
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.

1072
01:36:49,660 --> 01:36:55,800
So going forward, I just asked at the board, really think about these projects prior to spending

1073
01:36:56,500 --> 01:37:00,960
larger amounts of money is on them that ends up being lost. Thank you.

1074
01:37:02,520 --> 01:37:06,900
You're welcome. Obviously, the state board still wants to see storage projects.

1075
01:37:09,380 --> 01:37:11,600
Okay, we don't want this to. Thank you.

1076
01:37:14,230 --> 01:37:18,610
We're running into 10.1 CEO and chief reports.

1077
01:37:19,410 --> 01:37:29,810
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.

1078
01:37:30,430 --> 01:37:32,430
Good afternoon, Chair, Mr. Mayor. Members of the board.

1079
01:37:33,190 --> 01:37:36,890
So we had our first, I guess, pre wet season storms came through.

1080
01:37:37,030 --> 01:37:39,090
A little advance of the 15.

1081
01:37:39,950 --> 01:37:48,050
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.

1082
01:37:48,050 --> 01:37:52,530
The debris blockage at the entrance of the culvert was observed, which caused flow to overtop

1083
01:37:52,530 --> 01:37:53,410
the banks of the channel.

1084
01:37:54,070 --> 01:37:58,450
Valleywater ONM staff responded to the alert and removed debris from the existing trash

1085
01:37:58,450 --> 01:38:01,310
rack at the entrance of the culvert to alleviate the constriction.

1086
01:38:01,710 --> 01:38:06,110
Six town homes on the south side of the channel experience ponding that reached their front

1087
01:38:06,110 --> 01:38:06,570
doors.

1088
01:38:07,170 --> 01:38:11,170
Residences on the north side of the channel were protected from flooding by a concrete wall

1089
01:38:11,170 --> 01:38:12,490
running parallel to the channel.

1090
01:38:12,950 --> 01:38:15,170
Residences downstream of the culvert were not affected.

1091
01:38:15,170 --> 01:38:19,830
By 730 pm valley water staff had cleared the blockage, and the channel was no longer overflowing.

1092
01:38:20,610 --> 01:38:24,650
This was along with the storm drain system in the area, which was also clogged.

1093
01:38:25,070 --> 01:38:30,990
We see that a lot with the first storm of the season, where basically even though the trash rack was inspected before the storm,

1094
01:38:31,050 --> 01:38:35,790
and it was fine, everything that's in the channel gets washed downstream to a constriction point.

1095
01:38:35,990 --> 01:38:37,610
This happened to be that constriction point.

1096
01:38:38,390 --> 01:38:42,410
So hopefully all of that stuff has washed down, and we won't see that recurrence this storm season,

1097
01:38:43,050 --> 01:38:44,310
but that is the update.

1098
01:38:45,170 --> 01:38:50,310
Great. Thank you, Chris. I also have a report from Chief Yoke.

1099
01:38:50,770 --> 01:38:51,410
Yes, Athena.

1100
01:38:52,490 --> 01:38:57,630
Good afternoon again, Board. Some please have provided an update regarding our human resources,

1101
01:38:58,130 --> 01:39:04,270
business unit. Our agency value water participated in the healthiest employer awards program,

1102
01:39:04,790 --> 01:39:10,530
which recognizes people first organizations to take a proactive approach to employee health.

1103
01:39:10,530 --> 01:39:18,070
This year, Valley Water continued to rank among the top 10 employers within agencies of similar size.

1104
01:39:18,530 --> 01:39:26,010
This achievement reflects our agency's commitment to putting people first through robust wellness offering,

1105
01:39:26,370 --> 01:39:30,570
which we proudly showcase recently at a well-being event day.

1106
01:39:31,230 --> 01:39:36,590
In the past years, some employees could not step away for annual well-being day.

1107
01:39:36,590 --> 01:39:43,190
So this year, our HR team won a button beyond and they brought a piece of well-being day to

1108
01:39:43,190 --> 01:39:49,670
as many employees and as many off-site locations as possible by visiting most of those locations

1109
01:39:49,670 --> 01:39:53,730
and sharing information about the benefit offerings.

1110
01:39:54,290 --> 01:39:59,450
Additionally, this year, the wellness team launched a virtual platform to allow employees the

1111
01:39:59,450 --> 01:39:59,790
opportunities.

1112
01:40:00,000 --> 01:40:08,180
To access undemanned videos from various vendors. The HR team continues to work with our various wellness partners to continually

1113
01:40:08,180 --> 01:40:14,760
strive to enhance our wellness program, which supports our employees well-being, it boosts morale, and it

1114
01:40:14,760 --> 01:40:24,970
fosters a positive work environment. And that concludes my report. And lastly, we have a report from Chief Gibson. Good afternoon,

1115
01:40:24,970 --> 01:40:29,530
chair. As you have before you, the monthly one pages from the Office of Civic Engagement and

1116
01:40:29,530 --> 01:40:33,790
Government Relations, just a couple of highlights from each. First is civic engagement. The annual

1117
01:40:33,790 --> 01:40:38,310
California Coastal Cleanup Day was held on Saturday, September 20th, Valley Water and

1118
01:40:38,310 --> 01:40:41,790
Partnership with the Creek Connections Action Group and the California Coastal Commission

1119
01:40:41,790 --> 01:40:47,690
coordinated 56 clean-up sites throughout the county, where almost 2,000 volunteers were moved

1120
01:40:47,690 --> 01:40:52,290
to almost 31,000 pounds of litter from local waterways, parks, and natural spaces in all seven

1121
01:40:53,250 --> 01:41:06,730
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.

1122
01:41:07,450 --> 01:41:17,190
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,

1123
01:41:17,190 --> 01:41:22,010
friend of agricultural ward, this award recognizes individuals or organizations outside of

1124
01:41:22,010 --> 01:41:25,610
protection agriculture who have made meaningful contributions to supporting the local

1125
01:41:25,610 --> 01:41:30,250
agricultural community, so congratulations to Director Forall, and I conclude my report.

1126
01:41:31,030 --> 01:41:31,850
Thank you, ladies.

1127
01:41:32,390 --> 01:41:32,990
I'm not confused.

1128
01:41:33,230 --> 01:41:34,170
My report, Mr. Chair.

1129
01:41:34,250 --> 01:41:34,370
Great.

1130
01:41:34,510 --> 01:41:36,590
Thank you very much.

1131
01:41:37,930 --> 01:41:41,290
Board planning calendar proposed to each of board agendas.

1132
01:41:43,030 --> 01:41:43,430
Thank you, Chair.

1133
01:41:43,590 --> 01:41:44,590
We have web dates.

1134
01:41:47,050 --> 01:41:49,890
We have no new updates to the planning calendar.

1135
01:41:50,070 --> 01:41:52,310
All right, we'll have board member reports and announcements.

1136
01:41:52,690 --> 01:41:54,150
I think that's starting on this slide.

1137
01:41:54,370 --> 01:41:56,250
So I'll start on that.

1138
01:41:56,350 --> 01:41:57,090
That worked the bell side.

1139
01:41:57,250 --> 01:41:58,530
Yeah, go ahead, Jim.

1140
01:41:58,930 --> 01:41:59,630
Can I start the bell?

1141
01:42:00,570 --> 01:42:00,950
Thank you.

1142
01:42:03,500 --> 01:42:09,540
I'm really impressed with the success of the South Clark County Fire Seaf Council

1143
01:42:09,540 --> 01:42:17,440
and their removal of vegetation that causes fire up in the hills around our valley.

1144
01:42:17,440 --> 01:42:29,380
And I think it also has an advantages to us in terms of our groundwater or water supply and water

1145
01:42:29,380 --> 01:42:30,140
retention.

1146
01:42:31,620 --> 01:42:39,220
So I just think there should be an update on what they're doing and some kind of report

1147
01:42:39,220 --> 01:42:41,100
back to us on a regular basis.

1148
01:42:41,100 --> 01:42:44,660
So we understand what's going on with our safe counts.

1149
01:42:44,660 --> 01:42:54,980
So they're having a meeting this week, it's to have a presentation from a scientist from

1150
01:42:54,980 --> 01:43:03,220
UC Berkeley where we're going to talk about the advantage to ground water with the

1151
01:43:03,220 --> 01:43:08,340
planning that they're doing on removing vegetation in the fire hazard areas, high fire hazard

1152
01:43:08,340 --> 01:43:08,780
areas.

1153
01:43:08,780 --> 01:43:19,040
So I think there's some advantage to us finding out how we can encourage them and support

1154
01:43:19,840 --> 01:43:22,500
them and the other agencies that are involved in it.

1155
01:43:22,500 --> 01:43:25,360
This is state funded program through Cal Fire, believe me.

1156
01:43:28,550 --> 01:43:29,630
Thank you.

1157
01:43:33,980 --> 01:43:35,080
Thank you.

1158
01:43:35,340 --> 01:43:40,620
And you could do doing reports, point reports, start from there.

1159
01:43:42,000 --> 01:43:43,920
Well, I don't know if the gym finished the report.

1160
01:43:44,140 --> 01:43:44,620
Yes, I do.

1161
01:43:44,620 --> 01:43:45,060
Okay.

1162
01:43:45,500 --> 01:43:45,680
Okay.

1163
01:43:46,820 --> 01:43:48,720
Vornos, I wait to confirm.

1164
01:43:48,980 --> 01:43:49,740
I'm allowed to speak.

1165
01:43:50,540 --> 01:43:56,940
So I've been doing a lot of work with the environmental ecological community and especially

1166
01:43:56,940 --> 01:44:04,240
with regard to trees and I learned this amazing fact about trees and forests that actually

1167
01:44:04,240 --> 01:44:12,120
a forest can hold firemore water that even a small patch of trees actually can hold

1168
01:44:12,120 --> 01:44:19,280
farmer water than any man-made reservoir, and that actually the best, the most efficient,

1169
01:44:19,580 --> 01:44:25,700
the lowest cost, and the most effective means of storing water is in trees.

1170
01:44:27,620 --> 01:44:36,820
So science is great, so I hope that as Director Ballard referred to earlier, I hope that

1171
01:44:36,820 --> 01:44:43,220
for it can actually start to embrace more science based solutions like planting and preservation

1172
01:44:43,220 --> 01:44:51,720
of trees. Also, I was going to talk a little bit about that after two long years. You know,

1173
01:44:51,820 --> 01:44:57,740
one of the things I've been losing sleep about regularly, which is the hostages that have been

1174
01:44:57,740 --> 01:44:59,980
held against the well and tortures can...

1175
01:45:00,000 --> 01:45:26,200
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.

1176
01:45:26,660 --> 01:45:41,260
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.

1177
01:45:41,500 --> 01:45:47,240
I also was going to talk about, you know, the Jewish holidays which were going through.

1178
01:45:48,540 --> 01:45:54,300
And really, first we have the sweet new year, then we have the Apologies, then we have

1179
01:45:54,300 --> 01:45:58,920
Sukho, which is winding up now, which is the celebration of nature and the harvest.

1180
01:45:59,600 --> 01:46:07,380
And then comes the celebratory celebration over the relaunching of the Holy Book, which

1181
01:46:07,380 --> 01:46:14,620
is the Torah, and I guess I just wanted to wish everybody, again, a clean start to the new

1182
01:46:14,620 --> 01:46:20,960
fear, forgiveness without apologies, because I really need to stay, we don't need of

1183
01:46:20,960 --> 01:46:27,380
apologies to choose to forgive someone, and that it only makes a bigger people, not

1184
01:46:27,380 --> 01:46:34,680
smaller people to do so, and I hope that everyone, wish everyone a prosperous and engaging

1185
01:46:35,500 --> 01:46:42,340
and intellectually challenging new year full of good works, high integrity and courage.

1186
01:46:42,820 --> 01:46:43,600
Thank you.

1187
01:46:44,480 --> 01:46:45,440
Right, sir.

1188
01:46:46,080 --> 01:46:46,860
Yeah, thank you, Chair.

1189
01:46:47,180 --> 01:46:49,660
A lot of a lot of meetings, but at last night,

1190
01:46:49,760 --> 01:46:52,800
various citizens advisory council, the in-house.

1191
01:46:53,480 --> 01:46:56,100
And by the way, the numbers are increasing like 58%.

1192
01:46:56,100 --> 01:46:59,060
And I sure hope that things work out so we can get more

1193
01:46:59,060 --> 01:47:01,100
mental and more medical facilities.

1194
01:47:02,320 --> 01:47:06,260
Me, with the interim CEO in the chair, of course.

1195
01:47:06,540 --> 01:47:10,880
The weekly basis on many, many items in the water district and so on.

1196
01:47:10,880 --> 01:47:17,880
And with John Barrella, we had a real positive, and I think with the change of leadership and

1197
01:47:17,880 --> 01:47:23,200
Gilroy, they grew on the right thing and the water resources committee. John is chair and

1198
01:47:23,200 --> 01:47:26,520
let him write in the right direction and that we're going to be in hooking up here with some

1199
01:47:26,520 --> 01:47:29,320
recycling and real positive. So, thank you, Mr.

1200
01:47:31,830 --> 01:47:32,030
Chair.

1201
01:47:32,170 --> 01:47:38,550
I don't have much to report because I've been traveling for the last three weeks.

1202
01:47:39,630 --> 01:47:55,190
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.

1203
01:47:55,870 --> 01:48:02,150
literally none because they have enough housing and so you know I know we all know this but

1204
01:48:02,150 --> 01:48:08,690
you know the the solution to making sure folks aren't living in our waterways is to make sure

1205
01:48:08,690 --> 01:48:13,350
we're building housing and we have enough housing and also while I was over there I was I met

1206
01:48:13,350 --> 01:48:18,130
with a professor of wastewater stuff and was looking at all the water infrastructure and I

1207
01:48:18,130 --> 01:48:22,950
be happy to share pictures because I took lots of pictures of water infrastructure and I don't

1208
01:48:22,950 --> 01:48:29,550
what half of it is. So I need the staff to tell me that I was looking at. And they don't have a

1209
01:48:29,550 --> 01:48:34,210
water supply problem. They've got too much water. So anyway that was fun.

1210
01:48:35,810 --> 01:48:43,650
Very few. Very few. Thank you, Chair. I attended the cabin movement program committee meeting,

1211
01:48:43,810 --> 01:48:51,890
the use commission meeting landscape committee meeting for policy planning and monitoring committee

1212
01:48:51,890 --> 01:49:02,250
meeting I met with a constituent regarding San Francisco Creek together with last

1213
01:49:02,250 --> 01:49:11,890
chair and met with the board auditor regarding 2026 proposed audit plan had a 101

1214
01:49:11,890 --> 01:49:21,870
with Assistant CEO and today's board meeting. Thank you. Thank you.

1215
01:49:21,870 --> 01:49:28,090
So I've had, like, director Santos, quite a few meetings, but I'll talk about a few.

1216
01:49:29,350 --> 01:49:35,310
Aqua is now searching for a new executive director, and our initial ask we've had

1217
01:49:35,310 --> 01:49:41,490
replies from over 50 candidates, narrowed that down to 25, then down to 10, and now we're down to

1218
01:49:41,490 --> 01:49:47,950
three. So we'll be selecting that position very shortly. The foundation, the Aqua Foundation,

1219
01:49:47,950 --> 01:49:54,530
is also going through a transition. We will have a new chair and vice chair in the first quarter

1220
01:49:54,530 --> 01:49:59,970
of 2026. I, as currently as chair, have been nominated as vice president.

1221
01:50:00,000 --> 01:50:06,900
Resist, chair, to continue that position in that particular role, so that's continuation. So also, to acknowledge

1222
01:50:06,900 --> 01:50:14,220
Valley Water, and yours truly, the Santa Clara County Farm Bureau at the Radio United House,

1223
01:50:14,280 --> 01:50:21,040
presented me with the award, it's called the Linda Lester-Friend of Agriculture Award. But it really

1224
01:50:21,040 --> 01:50:27,480
goes to Valley Water for the amount of work we do with all the agriculture in South County. And, you know,

1225
01:50:27,480 --> 01:50:31,780
I'll share this with director Santos because he attends those meetings regularly with me

1226
01:50:31,780 --> 01:50:36,600
and now director Ballard is starting to attend those meetings as well, so it's really important

1227
01:50:36,600 --> 01:50:43,200
because we are friends of agriculture. Agriculture is still a very vital producer in Santa Clara

1228
01:50:43,200 --> 01:50:47,260
County as it is throughout the state of California. As an example, in Central Valley,

1229
01:50:47,580 --> 01:50:53,640
produced over $55 billion in an edible food products, etc. There we export around the world.

1230
01:50:53,640 --> 01:51:00,520
So we are at Valley Water a very big part of agriculture and we will continue to be so that's my report.

1231
01:51:00,540 --> 01:51:02,840
Thank you.

1232
01:51:03,580 --> 01:51:07,100
So I had a number of meetings of the recycled committee.

1233
01:51:07,100 --> 01:51:13,320
The redevelopment committee at the county with the CEO and General Council.

1234
01:51:14,180 --> 01:51:17,900
The CIP or CIP committee.

1235
01:51:19,140 --> 01:51:22,500
couple other meetings.

1236
01:51:26,570 --> 01:51:33,650
Before closing to this meeting, I'm going into the remainder of our closed door, closed items.

1237
01:51:34,810 --> 01:51:46,970
Let's take a moment to acknowledge that October is the Disability Employment Awareness, Polish American Heritage, Italian American Heritage, German American Heritage,

1238
01:51:46,970 --> 01:51:52,910
Filipino history and LGBTQIA to S. Plus History Month.

1239
01:51:53,550 --> 01:51:59,010
I'd also like to take a minute to recognize that every year, around a billion people celebrate Diwali,

1240
01:51:59,850 --> 01:52:02,870
also known as the Festival of Lights around the world,

1241
01:52:03,230 --> 01:52:06,110
especially in the global South Asian diaspora.

1242
01:52:06,650 --> 01:52:13,970
This celebration symbolizes the victory of good, versus evil, light, or a darkness, and knowledge over ignorance.

1243
01:52:13,970 --> 01:52:20,390
This year, Valley Water will recognize the Wally on October 20th as a cultural observance.

1244
01:52:21,190 --> 01:52:28,790
Valley Water will be proud of choosing and taking active steps toward achieving belonging in Valley Water and for our Santa Clara County community.

1245
01:52:29,870 --> 01:52:39,230
Before I, I also wanted to acknowledge that we at least temporarily have peace in the Middle East.

1246
01:52:39,770 --> 01:52:54,230
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.

1247
01:52:55,090 --> 01:52:55,610
Finally,

1248
01:52:58,050 --> 01:53:03,110
we have a number of close to items we need to complete 2.4 and 2.5.

1249
01:53:03,470 --> 01:53:05,190
So we'll go into that now.

1250
01:53:39,600 --> 01:53:44,420
Okay, we're back and we'll have the council report out, please.

1251
01:53:45,600 --> 01:53:47,560
Thank you, Mr. Chair. Carlos Haldiana District Council,

1252
01:53:47,700 --> 01:53:51,800
report met in closed session with respect to items 2.4 and 2.5.

1253
01:53:52,060 --> 01:53:56,680
With all directors except director Eisenberg participating with respect to item 2.4.

1254
01:53:56,720 --> 01:54:00,380
Nor reportable action was taken with respect to item 2.5.

1255
01:54:00,380 --> 01:54:07,020
The board on a motion by director Farrellow, seconded by director Ballard and Vota 6 to 0.

1256
01:54:07,580 --> 01:54:12,020
authorize the district council's office to refer director Eisenberg to the district attorney and

1257
01:54:12,020 --> 01:54:18,880
grand jury for social media posts on and after September 23rd, 2025. We've given close session

1258
01:54:18,880 --> 01:54:23,600
confidential information and attorney client privilege communications and authorize me to

1259
01:54:23,600 --> 01:54:31,850
disclose the result of this motion. Thank you. Thank you, Mr. Council. So we are going to adjourn

1260
01:54:31,850 --> 01:54:37,660
if I could find what date we're going to answer.

1261
01:54:39,140 --> 01:54:40,260
October 28.

1262
01:54:40,920 --> 01:54:43,760
Okay, so we shall return on October 28.

1263
01:54:44,840 --> 01:54:45,880
11 AM.

1264
01:54:46,640 --> 01:54:48,000
Thank you all.

1265
01:54:48,440 --> 01:54:49,000
Let's have a drink.