1 00:03:47,310 --> 00:03:58,190 It's five minutes after 11. We will call the board meeting of February 13 to order a roll call, please. 2 00:04:00,810 --> 00:04:06,170 Director Vell. Director Eisenberg. Director Estimera. 3 00:04:08,430 --> 00:04:09,170 Director Tegan. 4 00:04:11,350 --> 00:04:12,290 Director Santos. 5 00:04:13,990 --> 00:04:14,810 Chair Swayer. 6 00:04:15,110 --> 00:04:15,250 Here. 7 00:04:17,090 --> 00:04:18,370 We have a quorum present. 8 00:04:20,150 --> 00:04:21,110 Thank you. 9 00:04:21,670 --> 00:04:27,970 Before the board goes into co-session, there are two sentos that has an announcement. 10 00:04:29,790 --> 00:04:30,210 Thank you. 11 00:04:30,490 --> 00:04:31,210 Thank you. 12 00:04:31,210 --> 00:04:33,370 I appreciate it very much. 13 00:04:34,310 --> 00:04:37,330 I met the young lady, one of our employees about a year ago. 14 00:04:38,450 --> 00:04:40,910 So we're going to farm your meetings and do a different things. 15 00:04:42,050 --> 00:04:42,910 And we started talking. 16 00:04:43,170 --> 00:04:45,110 And of course, we honor all our veterans here. 17 00:04:45,110 --> 00:04:47,710 We do a great job in the district on a yearly basis. 18 00:04:47,710 --> 00:04:51,410 and our employment with our veterans is very appreciative. 19 00:04:52,010 --> 00:04:54,070 Anyway, her name is Nadia Webster. 20 00:04:54,450 --> 00:04:57,090 We started talking and she said, you know, I'm going to... 21 00:04:57,090 --> 00:04:58,910 Oh, I won't be here. 22 00:04:59,210 --> 00:04:59,750 I'll blah, blah, blah, blah. 23 00:05:00,000 --> 00:05:22,000 I've been being called up. I have a critical MOS. I'm a staff sergeant in the Air Force. I'm not going to be called Iraq. So I thought it was going to be for six months and time goes by. Go back to the farm bureau. She walks in. I said, no idea how you're doing. She just surprised me. So what's the permission of the chair and a film of board members. I like to take the time. 24 00:05:22,000 --> 00:05:37,840 Do the pledges and then honor. Welcome back after you're in Iraq. I'm going to say any more because she has a curfell MOS and she can only say limit to things she's back safely. So I think they introduced our employee or for staff sergeant, not a weapon. 25 00:05:37,840 --> 00:05:41,360 I'm very happy we have the time. 26 00:05:41,800 --> 00:05:46,080 We have a party of all ecosystem and so you work so please stay and enjoy me. 27 00:05:48,270 --> 00:05:55,590 I pledge allegiance to the flag of the United States of America, and then to the Republic for which his fans. 28 00:05:55,930 --> 00:05:56,670 What nation. 29 00:05:57,030 --> 00:05:58,710 I'm the god and invisible. 30 00:05:59,090 --> 00:06:01,250 With liberty justice for all. 31 00:06:02,010 --> 00:06:03,550 You're not yet, so that I'm my chair. 32 00:06:03,810 --> 00:06:04,470 Oh, feel free. 33 00:06:04,890 --> 00:06:05,550 And thank you. 34 00:06:05,550 --> 00:06:05,970 Have a few words. 35 00:06:06,050 --> 00:06:07,270 We appreciate your service, Georgia. 36 00:06:07,570 --> 00:06:08,310 Thank you. 37 00:06:09,270 --> 00:06:13,250 Thank you, Director Santos and the board and Valley Water for your continue with support. 38 00:06:14,250 --> 00:06:18,210 It was a really long seven months overseas. 39 00:06:18,710 --> 00:06:25,350 I was on orders for almost a year for a good part of last year, but I always felt the continuous support of everybody here. 40 00:06:26,470 --> 00:06:33,930 And that meant the world to me. It's really good to be back whenever I wanted to people and the building everyone's welcoming back and it feels really good. 41 00:06:34,150 --> 00:06:34,970 So thank you. 42 00:06:35,270 --> 00:06:35,870 Welcome back. 43 00:06:35,870 --> 00:06:36,630 Thank you. 44 00:06:36,630 --> 00:06:44,990 Thank you. Thank you for your strength. Thank you. Thank you. Thank you. 45 00:06:44,990 --> 00:06:49,970 Thank you. Thank you. Thank you. Thank you. Thank you, Chair. 46 00:06:50,770 --> 00:06:50,970 Okay. 47 00:06:51,590 --> 00:06:57,590 Now the board will go into our closed session that schedule for 11 a.m. 48 00:06:57,730 --> 00:07:01,910 We will be back at 1 p.m. this afternoon. 49 00:07:02,850 --> 00:07:03,710 Madam chair. 50 00:07:03,710 --> 00:07:09,880 Yeah. I just want to further record say that there are no requests from public comment on item 2.1. 51 00:07:11,390 --> 00:07:11,720 Thank you. 52 00:07:26,840 --> 00:07:33,380 District Council report on close session and today we'll have our work of the board. 53 00:07:33,420 --> 00:07:42,200 Ms. King to report on the close session. Thank you Madam Chair. The board met in close session to take 54 00:07:42,200 --> 00:07:49,740 item 2.1 with all members present, less director Verella, and the board has weighed the attorney 55 00:07:49,740 --> 00:07:55,400 client close session privileges as to the information contained in the executive summary 56 00:07:55,400 --> 00:08:02,200 of the investigation into allegations made by Rick calendar, Carlos Arlana, and other employees 57 00:08:02,200 --> 00:08:08,260 contained in pages 32 to 40 of the executive summary of the investigation, and the January 58 00:08:08,260 --> 00:08:11,700 2020's 2023 email referenced in the investigation. 59 00:08:12,320 --> 00:08:14,380 This waiver is for the limited purpose 60 00:08:14,380 --> 00:08:16,480 of allowing release of the information 61 00:08:16,480 --> 00:08:19,340 in the executive summary and email 62 00:08:19,340 --> 00:08:22,440 and does not extend to other information disclosed 63 00:08:22,440 --> 00:08:25,460 in closed session or subject to the attorney client 64 00:08:25,460 --> 00:08:27,740 privilege on this or any other matter. 65 00:08:28,000 --> 00:08:31,020 The executive summary will be included in the agenda packet 66 00:08:31,020 --> 00:08:34,440 for the February 22nd, 2024 board meeting. 67 00:08:35,380 --> 00:08:42,440 Thank you, Ms. King. And moving on to item 3.2. 68 00:08:42,880 --> 00:08:44,780 Item 3.1 is pledge of allegiance. 69 00:08:45,140 --> 00:08:49,420 The board did a pledge of allegiance before one into the co-session. 70 00:08:50,120 --> 00:08:54,760 So go directly to item 3.2, which is orders of the day. 71 00:08:55,020 --> 00:09:01,040 Are there any changes by board members about orders of items on today's agenda? 72 00:09:02,300 --> 00:09:05,100 Okay, hearing none. Item three. 73 00:09:10,440 --> 00:09:12,440 Director As for Mera. 74 00:09:14,440 --> 00:09:15,260 It is a different way. 75 00:09:15,740 --> 00:09:15,940 Thank you. 76 00:09:16,780 --> 00:09:25,080 What a request that we re-agenda is 5.5.1. 77 00:09:27,980 --> 00:09:30,900 Since all the board members in our present today. 78 00:09:33,760 --> 00:09:35,460 I'll do it at the next board meeting. 79 00:09:36,420 --> 00:09:43,580 Okay, this is a 5.1 board review of 2024 board committee and board advisory committee. 80 00:09:46,000 --> 00:09:56,320 So if we continue this to the next board meeting then the assignment to serve on these committees will come after that meeting. 81 00:09:56,540 --> 00:09:58,740 That will be sometime in March. 82 00:10:00,000 --> 00:10:12,680 I said, that's, I'll see. Are there any objections? Are there any objections? No, no. Okay. Yeah. I think it was a good 83 00:10:12,680 --> 00:10:14,540 body. Yeah. 84 00:10:17,570 --> 00:10:18,090 Okay. 85 00:10:21,460 --> 00:10:27,540 Is it great? Okay. Good. Got it. Thank you, Chair. I guess I just say that I would like us to begin 86 00:10:27,540 --> 00:10:32,220 able to begin our work. There's so many things that we're excited to do at least about the 87 00:10:32,220 --> 00:10:37,620 committee's I'm on. And I hate for additional delay, but of course I see to the majority of 88 00:10:37,620 --> 00:10:46,640 the board if they want to delay further. What we don't need. What we don't need to turn you those in. 89 00:10:47,180 --> 00:10:52,720 That's that's correct. Yeah, that's correct. Yeah, that's that that's that that's correct statement. 90 00:10:52,720 --> 00:10:58,980 Yeah, so in the meantime that if we don't make any changes the existing structure just continues 91 00:10:58,980 --> 00:11:03,920 Yeah existing assignment just continues. So I did not hear any 92 00:11:05,440 --> 00:11:09,120 Okay, so so we we were talking about the 93 00:11:10,260 --> 00:11:13,560 Recommendation the chair vice chair recognition guarding yeah 94 00:11:13,560 --> 00:11:20,760 Consolidation yeah, yeah, so that's on the five point that's all five point one. Yes, yeah, okay. Thank okay 95 00:11:20,760 --> 00:11:24,300 Director Eisenberg, do you have the second one? 96 00:11:24,640 --> 00:11:24,660 Okay. 97 00:11:25,460 --> 00:11:25,900 Okay. 98 00:11:29,740 --> 00:11:35,340 Because at least all of my most of my committee meetings were canceled for this month, 99 00:11:35,720 --> 00:11:41,960 pending a resolution on the re-constitution and the 100 00:11:41,960 --> 00:11:45,000 Conventional, I guess they actual combination of committees. 101 00:11:46,160 --> 00:11:48,820 And I'm just a little confused if this, you know. 102 00:11:49,520 --> 00:11:56,260 Okay, just I don't believe there's any direction or anything from the board to cancel all 103 00:11:56,260 --> 00:12:02,980 common meeting for this month. If there's nothing to put on the agenda, then the committee does not 104 00:12:02,980 --> 00:12:09,680 meet. So I think I just want to be clear about that. If there are things to be discussed 105 00:12:09,680 --> 00:12:14,680 beyond the agenda as a common member, you can always ask for the attitude to have the meeting. 106 00:12:14,680 --> 00:12:21,960 Okay, because I was pretty sure that the communications sense said that the meetings were being taken off calendar pending the resolution. 107 00:12:22,140 --> 00:12:24,720 Okay, then we have to clarify. We'll have to clarify. 108 00:12:25,220 --> 00:12:30,620 Okay, and the meantime. Yeah, that's the things continue. So thank you. Okay. 109 00:12:30,620 --> 00:12:35,100 Well, that's item, 110 00:12:39,760 --> 00:12:48,760 we were on item 3.2, okay. Now item 3.3, time open for public comment or any 111 00:12:48,760 --> 00:12:57,220 item that's not on today's agenda. I do have a request from Mr. Herman Garcia to speak under 112 00:12:57,220 --> 00:12:58,160 Item 3.3. 113 00:13:09,690 --> 00:13:18,830 Hey, is I am the founding president of Cheer Coastal Habitat Education and Environmental Restoration. 114 00:13:19,470 --> 00:13:27,710 And we've been existence for about 22 years and we're an ad hoc committee for about 30 years before that. 115 00:13:27,710 --> 00:13:48,650 But as cheer as an organization, this past year we took out almost 500,000 pounds of garbage out of our watersheds, we cover over 2,000 square miles of watersheds and over 2,000 miles of streams. 116 00:13:48,650 --> 00:14:16,890 And a lot of the garbage we took out of the coyote creek and water loop and river jungles this year this past year, but also, in the 22 years of our existence, we have taken out 62 vehicles out of our waterways, over 10,000 tires. 117 00:14:18,350 --> 00:14:46,510 eight boats, one airplane, one motorcycle, and seven bodies. So we keep busy. We're all volunteer, we're out there every day, and over the decades that we've been working with different boards, and 76 years old. So I've been around a long time working with the various boards here at the water district. 118 00:14:46,510 --> 00:14:59,970 And I'm always complaining, complaining, complaining, complaining, but today I'm here because I want everybody in this room to give the board a hand. 119 00:15:00,020 --> 00:15:28,860 For the U.S. Creek Balsa Road Fish Ladder, it was just completed and you guys did an amazing job. I don't think we're going to have to maintenance it three or four times every winter this year, because it was done the right way. And fish are already using it. They started the adult fish, started coming in. 120 00:15:30,020 --> 00:15:41,300 last week. So, to you guys, thank you, thank you. The existing fish ladder has always been 121 00:15:41,300 --> 00:15:50,940 a problem and now it's remedy. So, thank you to all of you. Thank you, Ms. Ankel Mr. Garcia. 122 00:15:54,820 --> 00:15:55,460 And 123 00:15:55,460 --> 00:16:00,640 I trust in hard coming through and spot committee following them up. 124 00:16:00,640 --> 00:16:02,520 Great job, great job. 125 00:16:03,060 --> 00:16:06,940 And also, then, Mr. Garcia, thank you for your service all these years. 126 00:16:07,200 --> 00:16:11,760 We've always supported of what you did, particularly with the youngsters. 127 00:16:12,340 --> 00:16:13,140 Yeah, thank you. 128 00:16:15,480 --> 00:16:15,940 Okay. 129 00:16:17,380 --> 00:16:20,300 Item 3.4. 130 00:16:20,300 --> 00:16:27,480 conduct a public hearing to determine the necessity for the Board of Directors to be 131 00:16:27,480 --> 00:16:35,380 compensated for up to 15 days per calendar months and to consider meeting compensation amount 132 00:16:35,380 --> 00:16:47,060 for calendar year 2024. So this is a public hearing and the sport will open the public hearing 133 00:16:47,060 --> 00:16:53,120 that allows for the board to determine the necessity of the board of directors to be compensated 134 00:16:53,120 --> 00:17:01,040 for up to 15 days per calendar months and to consider compensation amount for calendar year 2024. 135 00:17:02,440 --> 00:17:09,600 If you would like to provide comments to the board on this item, please use the race hand 136 00:17:09,600 --> 00:17:21,060 to in the Zoom program, or present a speaker card to the clerk if you're in our board room attending this meeting. 137 00:17:21,720 --> 00:17:37,760 In accordance with California Wada Code Section 20202, and in compliance with Board Governance Policy, GP 10.6 and District Act Section 33C, the board is holding this public hearing 138 00:17:37,760 --> 00:18:01,600 to receive public comment on the Board of Directors meeting compensation for up to 15 days per calendar months and to consider compensation amount for calendar year 2024 and I will call speakers in the order of requests received and each speaker will have three minutes to adjust to the board. 139 00:18:01,600 --> 00:18:12,880 So, is that, do we have any requests or to make comment to this board related to forward this topic? 140 00:18:14,950 --> 00:18:15,970 Thank you, Madam Chair. 141 00:18:15,990 --> 00:18:17,950 I have no request at this time. 142 00:18:18,510 --> 00:18:24,310 Would the board like me to give out a little report on the information pertaining to this item? 143 00:18:25,830 --> 00:18:32,090 So, without our staff, our staff has a short, 144 00:18:33,110 --> 00:18:37,290 presentation about this item. So, Ms. King, please go ahead. 145 00:18:37,610 --> 00:18:40,930 Thank you, Madam Chair. So, as you stated, this is the board's public hearing 146 00:18:40,930 --> 00:18:44,170 to determine an necessity for the board of directors to be compensated 147 00:18:44,170 --> 00:18:46,950 for up to 15 days per calendar month and to consider meeting 148 00:18:46,950 --> 00:18:52,710 compensation amount per calendar year 2024. So, on the January 29, 2024, 149 00:18:53,190 --> 00:18:56,430 board meeting the board set the public hearing for today to determine 150 00:18:56,430 --> 00:19:00,650 an necessity for directors to be compensated for up to 15 days per calendar month 151 00:19:00,650 --> 00:19:04,130 and consider director's compensation for the county or 2024. 152 00:19:04,970 --> 00:19:06,730 And notice the public hearing is published in newspaper 153 00:19:06,730 --> 00:19:09,370 a general circulation as well in community newspapers 154 00:19:09,370 --> 00:19:11,150 throughout Santa Clara County, 155 00:19:11,470 --> 00:19:12,690 notifying the public of the opportunity 156 00:19:12,690 --> 00:19:15,370 to provide comment in public hearing if they so choose. 157 00:19:16,650 --> 00:19:19,530 As you stated, the hearing is held pursuant 158 00:19:19,530 --> 00:19:23,430 to Santa Clara Valley Water District Act, section 33C, 159 00:19:23,590 --> 00:19:26,390 government code section 532321, 160 00:19:26,530 --> 00:19:29,650 and California Water Code sections 2200 161 00:19:29,650 --> 00:19:38,570 through 2002-07. A little background on setting the monthly meeting limit, AB 1889 by Cabalero 162 00:19:38,570 --> 00:19:44,710 enacted by the Governor on September 5, 2018, and taking effect on January 1, 2019, amended 163 00:19:44,710 --> 00:19:50,070 the District Act by adding Section 33C, authorizing the Board to annually adopt a written policy 164 00:19:50,070 --> 00:19:55,810 describing based on findings supported by substantial evidence, why more than 10 meetings per month, 165 00:19:55,810 --> 00:19:59,970 but not more than 15 meetings per month are necessary for the effective operation. 166 00:20:01,720 --> 00:20:29,980 AB-939 Pellerin enacted by the Governor on September 9, 2023 extends the aforementioned previous provisions, excuse me, identified. The determination of whether a director's activities on any specific day are compensable shall be made pursuant to section 5, 3, 2, 3, 0.1 of the government code. So, in accordance with the Board of Policy, GP-10.6.1, a finding could be made based on substantial evidence, including but not limited to the bill. 167 00:20:30,000 --> 00:20:33,940 following. Many of the water's responsibilities such as water supply, 168 00:20:34,120 --> 00:20:39,200 fire protection, and environmental stewardship are in other jurisdiction of jurisdictions 169 00:20:39,200 --> 00:20:43,740 spread across separate governmental entities. These functions require numerous meetings 170 00:20:43,740 --> 00:20:47,520 since that courses of action based on input from the community and other stakeholders. 171 00:20:48,400 --> 00:20:52,160 The number and scope of board and committee meetings, public hearings, committee meetings, 172 00:20:52,340 --> 00:20:58,040 and other meetings, directors must attend to accomplish value water's business are extensive. 173 00:20:58,040 --> 00:21:04,120 the board has 21 internal and or joint policy committee working groups and the director serve 174 00:21:04,120 --> 00:21:10,740 on a total of 19 external board and committees for other intergovernmental, regional or public policy entities. 175 00:21:11,560 --> 00:21:16,000 Valley water is the only water agency in California that is both a state and federal water 176 00:21:16,000 --> 00:21:19,040 contractor to the state water project and the central valley project. 177 00:21:19,400 --> 00:21:24,220 Putting valley water at the heart of complex water policy debates in both Sacramento and Washington. 178 00:21:24,220 --> 00:21:29,380 This is greatly expands the number of meetings necessary to ensure reliable water supplies for 179 00:21:29,380 --> 00:21:31,420 Santa Clara County as compared to other regions. 180 00:21:32,320 --> 00:21:37,020 In 2023, the maximum meeting days for a month of directors could be compensated with 15 per 181 00:21:37,020 --> 00:21:38,660 Ordinance 2301. 182 00:21:39,040 --> 00:21:44,640 Dear 2023, the Valley Water Board of Directors reported 970 meeting days that were paid 183 00:21:44,640 --> 00:21:49,580 and 74 that were unpaid because they have seated the maximum number of meeting days 184 00:21:49,580 --> 00:21:51,340 allowed for the state in month. 185 00:21:51,660 --> 00:21:57,120 The table was, could the data that was attached to the agenda memo is attachment three. 186 00:21:57,900 --> 00:22:00,900 So the board could consider the following monthly meeting limits. 187 00:22:01,000 --> 00:22:07,120 Make a binding based on substantial evidence that there is an operational need to compensate 188 00:22:07,120 --> 00:22:11,680 directors for up to 15 days per calendar month and set the meeting limit accordingly. 189 00:22:11,860 --> 00:22:19,340 Effective April 14th, 2024, for calendar year, 2024, or determined there is no operational 190 00:22:19,340 --> 00:22:25,540 need to compensate directors for more than the current 10 days per county or per California water code. 191 00:22:26,280 --> 00:22:31,500 The second part of your item is meeting compensation, and California water code section 20202 192 00:22:31,500 --> 00:22:36,280 authorizes the board to annually consider through public hearing and ordinance adoption process 193 00:22:36,280 --> 00:22:42,860 compensation increases at a rate not to exceed an amount equal to 5 percent annually. Any board 194 00:22:42,860 --> 00:22:46,380 approved changes in the director's number of compensate and meetings per month and meeting 195 00:22:46,380 --> 00:22:50,960 compensation rate will be effective beginning 60 days after date of ordinance adoption, 196 00:22:51,540 --> 00:22:57,260 pursuant to California Water Coast Section 20204. The board's last compensation adjustment 197 00:22:57,260 --> 00:23:02,620 was an April of 2023 in accordance with the regulatory process. The board held the public 198 00:23:02,620 --> 00:23:07,660 caring on February 14, 2023 for public comment on the Director's compensation amount. 199 00:23:08,060 --> 00:23:13,000 And at that board meeting, the board adopted ordinance 2301, enacting a compensation increase 200 00:23:13,000 --> 00:23:17,120 of 5% effective April 14th, 2023. 201 00:23:18,240 --> 00:23:21,500 The board could consider the following monthly compensation options. 202 00:23:22,120 --> 00:23:28,560 Keep the directors compensation at the current amount of 365, 87 per day of to 10 or 15 days 203 00:23:28,560 --> 00:23:34,080 per month, as previously determined, reduce the director's compensation to a specific amount 204 00:23:34,080 --> 00:23:40,440 below the current 365, 87 per month, excuse me, per day of to 10 or 15 days per calendar 205 00:23:40,440 --> 00:23:45,400 month, or approve an increase of up to 5% in Berkshire's compensation in accordance with 206 00:23:45,400 --> 00:23:51,940 California water code, 2000 through 20707 for up to 10 or 15 days for Calamans as determined 207 00:23:51,940 --> 00:23:58,180 by the board to be effective April 14th, 2024. And with that, I turned over to the board for 208 00:23:58,180 --> 00:24:06,480 discussion and any action. Okay. Thank you, Ms. Kate. Just check one more time that we do not have any 209 00:24:06,480 --> 00:24:11,920 request to comment to that's four. Thank you madam chair that is correct at this time I have no 210 00:24:11,920 --> 00:24:22,440 request to speak. Okay then this public hearing is closed. Now it's time for the board members to 211 00:24:22,440 --> 00:24:35,760 discuss these this item and so if the board has any discussion please go ahead. 212 00:24:37,120 --> 00:24:44,000 Are there any comments from board member or any discussions from the board? 213 00:24:45,260 --> 00:24:49,160 If not, can I entertain the motion? 214 00:24:50,280 --> 00:24:51,260 Okay. 215 00:24:51,740 --> 00:24:56,150 Is there a second director? 216 00:25:01,560 --> 00:25:15,920 Just a second, yeah, I have the district council on the wants to speak to us. Did I do anything wrong? No, thank you for having shared. Just as a matter of process, any motion would need to include the appropriate findings for the motion to be. 217 00:25:15,960 --> 00:25:20,380 Yeah, yeah, yeah, yeah, thank you. And Director Astramarra. 218 00:25:20,620 --> 00:25:29,980 Thank you, Madam Chair. I was going to make a point that there's a finding of substantial evidence that 219 00:25:29,980 --> 00:25:35,180 more than 10 really per month, but not more than 15 mean per month. 220 00:25:35,360 --> 00:25:38,120 I necessary for the effective operation at this rate. 221 00:25:38,560 --> 00:25:39,860 So I second that motion. 222 00:25:40,620 --> 00:25:47,020 Okay. So this motion is only for the number of days per month. 223 00:25:48,940 --> 00:25:53,440 Yeah, should we do another motion for the motion? 224 00:25:53,780 --> 00:25:59,020 I thought that the motion included 5% above current compensation. 225 00:25:59,020 --> 00:26:06,360 I didn't say thank you don't okay. So and I consider that's a second, right? So you made the motion that's a second. Okay. 226 00:26:08,620 --> 00:26:17,300 And I think the motion is complete and it's a roll call vote. Can we have a roll call vote? 227 00:26:18,870 --> 00:26:22,170 Director Bel, Director Eisenberg, 228 00:26:24,230 --> 00:26:28,930 Director Estimera, Director Keegan, Vice Chair Santas, 229 00:26:29,990 --> 00:26:31,650 Chair Shua. Yes. 230 00:26:33,690 --> 00:26:40,330 Okay. Motion carries unanimously with Director 231 00:26:42,470 --> 00:26:53,970 Now we're moving on to consent calendar, this is consent calendar 4.1, 2, 4.4. 232 00:26:54,250 --> 00:26:55,590 Is the motion to approve? 233 00:26:57,330 --> 00:26:57,770 Okay. 234 00:26:58,550 --> 00:27:03,770 I think we need to have a roll call on consent calendar also. 235 00:27:05,300 --> 00:27:13,900 Director Bell, Director Eisenberg, Director Estimera, Director Keegan, Vice Chair Santas, Chair Shua. 236 00:27:15,720 --> 00:27:16,040 Okay. 237 00:27:16,860 --> 00:27:17,820 Thank you, everyone. 238 00:27:18,700 --> 00:27:20,350 And then we're moving on. 239 00:27:21,000 --> 00:27:25,840 5.1 as we discussed earlier, the board, 240 00:27:25,840 --> 00:27:33,160 well, the board agrees to continue item 5.1 to the following board meeting. 241 00:27:33,160 --> 00:27:38,000 And then now we're on item 5.2 board committee reports. 242 00:27:38,820 --> 00:27:45,880 We have two reports on one from the Recycle Water Committee and one from the board of the committee. 243 00:27:46,460 --> 00:27:51,160 Are there any questions from board member related to those two summary reports? 244 00:27:51,900 --> 00:27:53,180 Okay, hearing none. 245 00:27:53,480 --> 00:27:58,000 Thank you for the two committees preparing this summary for the board's information. 246 00:27:58,000 --> 00:28:07,400 Now, we're on item 5.3, consider the recommendation of the board ethics and conduct 247 00:28:07,400 --> 00:28:15,040 at how committee to set a public hearing within 30 days on whether to censure 248 00:28:15,040 --> 00:28:23,200 director Rebecca Eisenberg based on alleged misconduct occurring on January 29th. 249 00:28:23,200 --> 00:28:42,140 So I ask for a public comment and also a board comment. I just want to be very clear that this item is for the board to decide whether to have the public hearing or not. 250 00:28:42,140 --> 00:28:48,720 if the board decides to have the probability hearing, then the board supports preference to 251 00:28:48,720 --> 00:28:55,460 have it on the regular board meeting or a special board meeting and more schedule in meeting accordingly. 252 00:28:56,040 --> 00:29:02,800 So it's not intended to discuss how the issue itself, but then only to set whether to set 253 00:29:02,800 --> 00:29:05,700 public hearing related to this issue. 254 00:29:06,980 --> 00:29:10,720 So, and I think the agenda item and with the attachment 255 00:29:11,360 --> 00:29:16,420 have pretty detailed information related to this 256 00:29:16,420 --> 00:29:22,560 I like alleged misconduct, I want to ask the 257 00:29:22,560 --> 00:29:25,120 ethics and conduct at how committee members 258 00:29:25,120 --> 00:29:29,000 are there anything any comment that the committee member 259 00:29:29,000 --> 00:29:31,800 wants to provide. 260 00:29:33,140 --> 00:29:34,540 Okay, Director Keegan. 261 00:29:36,100 --> 00:29:41,800 I have nothing additional to add, but I wanted to thank you chair for making very clear 262 00:29:41,800 --> 00:29:45,240 what it is we're supposed to be doing today, so I appreciate that. 263 00:29:45,780 --> 00:29:46,380 Okay, thank you. 264 00:29:47,040 --> 00:29:49,980 Okay, any other board member? 265 00:29:53,950 --> 00:29:55,790 I'm not going to do work. 266 00:29:56,990 --> 00:29:57,670 I'm going to do work. 267 00:29:57,670 --> 00:29:58,270 I'm going to do work. 268 00:30:14,430 --> 00:30:25,570 Thank you, Madam Chair. Just on behalf of the committee, I chair as not present today. I just wanted to mention that the 269 00:30:25,570 --> 00:30:35,390 The recommendation from the committee is based on the attachments, the memorandums that are attached. 270 00:30:36,470 --> 00:30:43,730 And as you mentioned, the one question for us is whether we should have said as public hearing. 271 00:30:45,130 --> 00:30:48,190 I would move that we have this public hearing. 272 00:30:48,190 --> 00:31:08,070 Okay. Okay. Okay. We do have a public requesting to speak on this item. And also that I have director Eisenberg, as the next one to request to speak, director Eisenberg come to you first. 273 00:31:10,110 --> 00:31:11,890 Does it work? Okay. 274 00:31:13,420 --> 00:31:22,600 Yeah, I just want to point out that I do not believe that this Ethics Committee met in compliance with the Brown Act. 275 00:31:23,280 --> 00:31:30,260 The meeting wasn't noticed and that Ethics Committee is not actually revealed on the website or anywhere else. 276 00:31:31,160 --> 00:31:38,840 I also believe that in making the decision to lodge this, the investigation against me, that also violated the Brown Act. 277 00:31:39,480 --> 00:31:46,500 As similarly, the Ethics Committee meeting was not noticed, and the committee members were not 278 00:31:46,500 --> 00:31:53,760 have not been and still are not publicly disclosed, and maybe in some documents that have since been released, but not in the regular way. 279 00:31:54,420 --> 00:32:08,560 But more importantly, I want to point out that the Ethics Committee made a decision about, you know, and did refer this issue to the police who called me. 280 00:32:08,560 --> 00:32:15,740 and they sent an individual who was apparently a private detective dressed as a valley water employee 281 00:32:15,740 --> 00:32:22,580 who was pretending to be a processor to my house late at night and that was really disruptive to my 282 00:32:22,580 --> 00:32:30,120 family and woke up my kids and my daughter is autistic as my colleagues know so that actually 283 00:32:30,120 --> 00:32:36,820 caused a lot of distress for my family members. You don't mostly because the private detective 284 00:32:36,820 --> 00:32:43,000 of dressed as a valley water employee who was pretending to be a process server would not stop 285 00:32:43,000 --> 00:32:48,020 ringing the doorbell for 10 minutes. If anyone knows about autism, these types of noises, 286 00:32:48,200 --> 00:32:56,120 especially accompanied by two dogs barking, can be not just emotionally, you know, distressful, 287 00:32:56,460 --> 00:33:04,800 but physically painful. I, I, I, I, to this day, I have no idea why these types of why the district 288 00:33:04,800 --> 00:33:09,880 keeps doing this type of thing to me. Anyway, what I want to say about that 289 00:33:09,880 --> 00:33:15,100 investigation, which I first saw when it was delivered to my door, by this 290 00:33:15,100 --> 00:33:20,340 pretend process server, because again, a server of processes delivering things 291 00:33:20,340 --> 00:33:24,920 that are that compelling person to appear and court and a process server needs to be 292 00:33:24,920 --> 00:33:30,880 independent, not wearing the clothing of a, I guess, a party and it's kind of scary 293 00:33:30,880 --> 00:33:43,900 When someone shows up saying I'm serving you with documents, dressed as, you know, an agency that you work for and it's your job that oversee and they're saying that here are the documents I'm serving you with that in every way signals that 294 00:33:43,900 --> 00:33:45,600 Valleywater was suing me. 295 00:33:47,420 --> 00:34:08,600 I'm sorry. I guess I said that this item in front of you consider to remain or not it's not relevant to me. Please allow me to speak chair and I want that this is for the board to decide whether to write and then everything you just said it's more appropriate 296 00:34:09,420 --> 00:34:16,740 the public hearing. So either board decides, so we have a public hearing the board to have a public hearing. 297 00:34:16,800 --> 00:34:38,260 I mentioned many times that my own, my own neurological difference ADHD, as I've said many times, means that when I'm interrupted, it actually sets me far back, interrupting me, because my neurology, my neurological difference, which is considered to be an 88. 298 00:34:38,260 --> 00:34:42,820 disability makes it much harder on me to interrupt me. 299 00:35:00,000 --> 00:35:06,220 I don't to me. So, hearing to discuss whether or not, as I'm saying, 300 00:35:08,340 --> 00:35:09,940 please don't interrupt your chair. It's inappropriate. 301 00:35:10,880 --> 00:35:20,570 As I'm saying, I hearing to discuss whether or not I did something that I never denied based on an investigation of me that did not include me. 302 00:35:21,300 --> 00:35:24,670 This 20 pages of investigation that the ethics committee relied on. 303 00:35:24,670 --> 00:35:29,430 interview all sorts of people right there. I am not there. That's in 304 00:35:29,430 --> 00:35:34,950 verb. And I let me say it one more time. We are not here today to talk 305 00:35:34,950 --> 00:35:41,970 about how that you let University University report. We're here to discuss the 306 00:35:41,970 --> 00:35:48,230 board ethics and how to conduct a committee recommendation to the full board to 307 00:35:48,230 --> 00:35:53,010 set up public hearing. So you don't understand the point I'm getting to. I don't 308 00:35:53,010 --> 00:35:59,210 me and I'm not getting to it. I understand, but also I have a meeting to conduct. So please 309 00:35:59,210 --> 00:36:06,290 please, that's and also we have a, I mean, I mean, honestly, God, please, that is big. 310 00:36:06,670 --> 00:36:13,490 So we have it, we, we, we, we, we, we, anything that's on the agenda needs to be discussed. Anything 311 00:36:13,490 --> 00:36:20,330 that's not on the agenda, we should provide the appropriate timing and information so everybody can 312 00:36:20,330 --> 00:36:27,530 have that discussed. Okay, right now, this board gives you some rise. What do you want to say? Yes, 313 00:36:27,630 --> 00:36:32,870 but can you promise not to interrupt me? I promise not to interrupt you, but can you give me a 314 00:36:32,870 --> 00:36:39,630 time about three minutes? Four minutes. Four minutes. Michelle, can you start checking the time? 315 00:36:41,910 --> 00:36:50,510 I am saying that this decision and choice to have a hearing about me impacts me and it impacts my family. 316 00:36:50,510 --> 00:36:57,990 Having a hearing dedicated to whether or not I did something that I never denied doing is unnecessary. 317 00:36:58,910 --> 00:37:08,410 Facing that decision on an investigation where the investigator talked to 20 people, but didn't talk to me, is highly unusual, unprofessional, and arguably corrupt. 318 00:37:08,410 --> 00:37:16,970 have the investigator spoken to me. I would have admitted, taking the pages because I'm entitled to them. 319 00:37:17,290 --> 00:37:24,910 Any confidentiality they have is confidentiality that belongs to me. Every single page is about me. 320 00:37:26,670 --> 00:37:33,130 I, you know, I brought it home, which I never denied, and I put it in a locked secure place. 321 00:37:33,130 --> 00:37:42,330 I learned for the first time that the district found this to be believed that this was theft because I need to repeat I did not take the digital file. 322 00:37:42,730 --> 00:37:51,010 I took home a printout. I had asked the clerk to print a copy for me. She denied. She said, I don't have time. 323 00:37:52,170 --> 00:38:01,610 So, fine, she can do it later. But I took all the printouts that I'm entitled to. I never denied it. I left through the front door. No one ever asked me about it. 324 00:38:01,610 --> 00:38:03,590 And no one asked me for it back. 325 00:38:03,910 --> 00:38:06,510 The first time I learned that anyone had a problem with it 326 00:38:06,510 --> 00:38:09,130 was when I read about it in a blog post 327 00:38:09,130 --> 00:38:10,910 for the Sanders A spotlight, 328 00:38:11,350 --> 00:38:15,390 which is an organization that the CEO used to sit on the board of 329 00:38:15,390 --> 00:38:19,030 and that he has given in the past at least $10,000 330 00:38:19,030 --> 00:38:21,810 of district funds to as a charitable donation. 331 00:38:22,010 --> 00:38:24,230 That is not really a credible source, 332 00:38:24,550 --> 00:38:26,870 but that is the first time I heard 333 00:38:26,870 --> 00:38:29,430 that the district's thought I did anything wrong. 334 00:38:29,430 --> 00:38:36,330 It estranged me that no one called me up and asked me for them back. 335 00:38:36,890 --> 00:38:41,270 The defense, the response, the district response to this, is that on Friday, after they already 336 00:38:41,270 --> 00:38:48,530 alerted the police and the press that I had stolen, what is the word they use, something 337 00:38:48,530 --> 00:38:58,010 like items of national security, documents, after they alerted the press, then their lawyer 338 00:38:58,010 --> 00:39:04,870 contacted my lawyer. Now, I am significantly in debt, you know, to my lawyer and expecting 339 00:39:04,870 --> 00:39:11,610 me to have a paid interaction with my lawyer in order to know that I've supposed to bring 340 00:39:11,610 --> 00:39:16,910 these documents back is irrational. I was even at the district on Wednesday night and it 341 00:39:16,910 --> 00:39:20,990 interrupted with lots of people including the CEO and no one told me that they thought he 342 00:39:20,990 --> 00:39:26,670 should have taken the print out and they wanted it back. This district had so many entities since 343 00:39:26,670 --> 00:39:33,390 someone to my house, to not take fast for the print out back, but to send me a bunch of documents 344 00:39:33,390 --> 00:39:39,170 and to scare the living of Jesus out of me and my daughter who's autistic and my dogs 345 00:39:39,170 --> 00:39:47,250 and my tuna kittens. I mean, there is no reason to do then when this valley water dressed person 346 00:39:47,250 --> 00:39:51,930 without my house giving me something like could have emailed, that was a time they could have asked me 347 00:39:51,930 --> 00:39:59,970 back and they didn't. This has been very odd. It's I have never denied taking that 348 00:40:00,340 --> 00:40:07,980 I have not shared it with anyone. I will never share it with anyone. I haven't even shared it with my lawyer, even though I'm entitled to. 349 00:40:08,680 --> 00:40:23,420 I haven't looked at it myself because I'm too anxious about it. It's because I'm too afraid. I pray that if I look at it, the police is going to show up and arrest me. I mean, this is a lot of anxiety that is being caused to me. 350 00:40:23,420 --> 00:40:30,100 So having this hearing about whether or not it did something I don't deny doing is unnecessary. 351 00:40:31,140 --> 00:40:32,240 It's it's it's cruel. 352 00:40:32,240 --> 00:40:33,580 It'll do our part of the family. 353 00:40:33,720 --> 00:40:34,960 I got eight seconds. 354 00:40:35,420 --> 00:40:36,620 So now we have another two. 355 00:40:37,400 --> 00:40:37,880 No, no. 356 00:40:38,020 --> 00:40:38,140 Go. 357 00:40:38,580 --> 00:40:40,760 It is and I have another four. 358 00:40:41,160 --> 00:40:47,000 Having a hearing and something I don't deny is unnecessary arbitrary and cruel. 359 00:40:47,780 --> 00:40:53,400 And I urge my colleagues to not do it since I don't deny taking this print out. 360 00:40:53,400 --> 00:40:55,900 Thank you. 361 00:40:57,000 --> 00:40:58,060 Director Estomeran. 362 00:41:00,320 --> 00:41:01,260 Thank you, Mayor chair. 363 00:41:02,540 --> 00:41:12,900 Mayor chair, all of each one of the directors here receive a memo from you. 364 00:41:13,900 --> 00:41:18,300 Expressing exactly what process we're going to use. 365 00:41:19,040 --> 00:41:26,940 informing us that this was a privilege, confidential process, that each one of us would 366 00:41:26,940 --> 00:41:36,880 require, were allowed to review the report, under the auspices of the clerk. The clerk 367 00:41:36,880 --> 00:41:46,000 was to allow us to read the reports, but not take them with us and return them to the clerk. 368 00:41:46,000 --> 00:41:56,340 In fact, the clerk, each one of us, receive from the clerk the full report, including attachments. 369 00:41:57,180 --> 00:42:00,020 We were put in a room, a lot of companies room. 370 00:42:00,340 --> 00:42:06,140 We were allowed to review the reports, and then they were returned to the clerk. 371 00:42:07,660 --> 00:42:14,720 Consistent with her instructions, each and every single one of us did that, except for that recognize her. 372 00:42:17,730 --> 00:42:20,310 who removed the reports, 373 00:42:23,790 --> 00:42:28,570 knowing that she was told not to remove them. 374 00:42:28,570 --> 00:42:29,990 That actually came out after. 375 00:42:29,990 --> 00:42:32,330 And in fact, in fact, 376 00:42:35,650 --> 00:42:38,790 they're not exactly like we usually do where her car was parked. 377 00:42:39,310 --> 00:42:42,790 I did it. It was closest to the car. 378 00:42:42,790 --> 00:42:43,830 I didn't interrupt you. 379 00:42:44,670 --> 00:42:46,690 That means interrupt. 380 00:42:46,850 --> 00:42:50,030 That means interrupt both of you. 381 00:42:50,470 --> 00:43:00,630 Yeah, I give Director Eisenberg the same caution that we're talking about, whether to have the public hearing or not. 382 00:43:01,270 --> 00:43:02,910 And then, I will give. 383 00:43:03,510 --> 00:43:06,870 Yes, ma'am, I was responding to issues that were raised. 384 00:43:07,550 --> 00:43:17,850 Secondly, I would like council to explain whether or not the ethics committee appropriately met consistent with the Brown Act. 385 00:43:17,850 --> 00:43:46,790 Okay. That's a good. That's a good. Yeah. Go ahead. That's not your main to whether or not we should have a hearing. I have no, it's still not your main. I was told that this is not related. So I think that if it was not your main for me. Sure. I don't understand. It's essentially the district council is the person who filed against me. You're not in your own fire. I. I also have another director wants to speak. 386 00:43:46,790 --> 00:43:55,790 I think that's all Haqq take a step back and then focus on why we're here on what this item. 387 00:43:56,050 --> 00:44:06,510 Director Bell, what you're going to say is related to that, whether to have a public hearing or not have a public hearing. 388 00:44:10,030 --> 00:44:13,270 We adopted a rules of order of Rosenberg to understand. 389 00:44:13,270 --> 00:44:21,410 Yes. And I have to turn this in everybody, a copy of the Rosenberg's Rules of Order. I believe the League of 390 00:44:21,410 --> 00:44:29,830 Cities publishes a copy that we can get. The Rules of Order described decorum at the meetings in 391 00:44:29,830 --> 00:44:41,590 erupting with Christ. I don't believe we adopted the Rosenberg. I believe our discussion was that 392 00:44:42,330 --> 00:44:59,970 It's the our existing board policy is very consistent with that and as far as we follow our existing policy. So definitely I do not believe we did yeah, I do not believe we did yeah, but then we did 393 00:45:00,000 --> 00:45:16,300 So I decided at the next time and then the board, the board can use it as we move forward. So, and then, I, I just, I'm more time, we're here to talk about whether to have a, 394 00:45:16,300 --> 00:45:17,480 I'm sure. 395 00:45:17,680 --> 00:45:20,040 Public hearing or not, which we'll call her. 396 00:45:20,360 --> 00:45:21,380 Uh-huh. 397 00:45:21,380 --> 00:45:21,940 Uh-huh. 398 00:45:22,160 --> 00:45:23,800 Did you just call me? 399 00:45:24,720 --> 00:45:25,120 Did you? 400 00:45:25,240 --> 00:45:26,280 Yes, Madam Chair. 401 00:45:27,420 --> 00:45:30,700 We, as a public comment, then please call for the question. 402 00:45:31,060 --> 00:45:32,220 We have a motion. 403 00:45:32,940 --> 00:45:34,040 Time to call for a motion. 404 00:45:34,440 --> 00:45:35,580 We listen very carefully. 405 00:45:36,080 --> 00:45:37,440 We have the information in front of me. 406 00:45:37,740 --> 00:45:38,280 Let's go to work. 407 00:45:38,340 --> 00:45:39,060 Thank you. 408 00:45:42,620 --> 00:45:43,280 Uh-huh. 409 00:45:43,320 --> 00:45:44,360 So, uh, 410 00:45:44,360 --> 00:45:48,380 that's, I have a public comment, and a great question. 411 00:45:49,100 --> 00:45:52,480 Yeah. Is that related to whether to have a public hearing or not? 412 00:45:53,420 --> 00:45:59,240 Can you, can you limit your question or comments to a minute? 413 00:45:59,940 --> 00:46:01,900 Yes. So even though no one else gets a time in it. 414 00:46:02,180 --> 00:46:07,180 So I see that there is information redacted from my statement. 415 00:46:07,680 --> 00:46:12,700 And as you know, California's Public Record Act requires that each 416 00:46:12,700 --> 00:46:18,180 reduction requires a statement of privilege that applies to each reduction, and 417 00:46:18,180 --> 00:46:24,940 overwhelm umbrella explanation doesn't constitute reason to redact information, this 418 00:46:24,940 --> 00:46:33,280 much information pages of my statement from the public purview. Also, I note that this 419 00:46:33,280 --> 00:46:39,020 board just voted to lift the closed session privilege and the attorney's client privilege 420 00:46:39,020 --> 00:46:44,300 as to these matters, so that means there is not privilege as to many of these things. 421 00:46:44,820 --> 00:46:48,740 And finally, as still kind of in in 18 seconds, 17 seconds. 422 00:46:49,160 --> 00:46:52,160 But finally, to the extent that a lot of these items are confidential, 423 00:46:52,700 --> 00:46:58,880 I own the confidentiality, and I have the right to wave my own confidential information, 424 00:46:59,140 --> 00:47:05,600 which I did when I published this. So for this reason, these redactions are inappropriate. 425 00:47:05,600 --> 00:47:08,500 that they're not in compliance with California law. 426 00:47:09,320 --> 00:47:12,200 They don't, which requires that each redaction has 427 00:47:12,200 --> 00:47:14,900 a specific explanation. 428 00:47:15,840 --> 00:47:18,020 It sites personnel records, which I think 429 00:47:18,020 --> 00:47:21,000 apply in a very less redaction to personal records 430 00:47:21,000 --> 00:47:27,400 of the CEO, which are certainly not considered privileged 431 00:47:27,400 --> 00:47:30,340 according to state law. 432 00:47:30,780 --> 00:47:33,600 So to the extent to any of this personnel record 433 00:47:33,600 --> 00:47:40,000 have been deleted from the applied to the CEO that was inappropriate to redact it. 434 00:47:40,320 --> 00:47:46,800 So I think that the public is entitled to read my statement, and I think that these redactions 435 00:47:46,800 --> 00:47:47,440 are inappropriate. 436 00:47:48,840 --> 00:47:56,080 Thank you, Director Eisenberg, and I just want to make a clear to the public, or whoever 437 00:47:56,080 --> 00:48:02,480 is listening to the board discussion in this agenda item, they're say legislative paths, 438 00:48:02,480 --> 00:48:11,840 text, there's attachment one, attachment two and attachment three. None of these attachment has any redempted 439 00:48:13,620 --> 00:48:19,940 one in those in those of in those attachments. That's because you didn't include my statements 440 00:48:19,940 --> 00:48:25,720 in the attachments. So like I asked you to, so the fact that you didn't include my attachment is 441 00:48:25,720 --> 00:48:31,440 even more evidence that you are not giving me the right to speak that I'm entitled to under state law. 442 00:48:31,440 --> 00:48:39,380 So maybe federal law too. Thank you. And then the public deserves. Okay. Mr. Mark Wise. 443 00:48:40,400 --> 00:48:46,340 Do you want to make a comment to this board related to either 5.03. Yes, please go there. 444 00:48:47,500 --> 00:48:49,320 And as stage your name and address, 445 00:48:52,360 --> 00:48:57,280 are you talking? Good afternoon, board members. Thank you 446 00:48:57,280 --> 00:49:02,740 for your service. My name is Mark Wise. I'm a high school basketball coach in Palau at the California 447 00:49:02,740 --> 00:49:09,640 I drove 26 miles to get here today because I'm very concerned about what's going on here. 448 00:49:11,080 --> 00:49:16,180 Actually, if you permit me with my two minutes and 44 seconds, a bit of a digression. 449 00:49:16,380 --> 00:49:17,740 I'm holding up a collectible. 450 00:50:00,000 --> 00:50:10,840 He was the Heisman Trophy winner, which is the award for the greatest football player in the nation. He played for Stanford University, which is near Palo Alto and near my home. 451 00:50:11,080 --> 00:50:17,660 But he also has relevance here in the South Bay because he went to James-Lick High School. 452 00:50:18,500 --> 00:50:23,640 And Mr. Mr. Bell might also be the alumnus of Parenthood. 453 00:50:23,640 --> 00:50:24,980 Well, God bless you, sir. 454 00:50:25,740 --> 00:50:35,480 And I'm a football fan, what I'm trying to get to indirectly, if you permit me is that Mr. 455 00:50:35,960 --> 00:50:39,820 Plunkett was both a football hero and a wrestling champion. 456 00:50:40,200 --> 00:50:45,000 And by the time he was a senior high school, he's a very famous person. 457 00:50:45,540 --> 00:50:49,760 And he was sort of pride for the whole county in the whole Bay Area. 458 00:50:49,940 --> 00:50:52,620 And eventually, naturally, he won a Super Bowl. 459 00:50:54,860 --> 00:51:01,080 And because I've become involved, I'm an assistant volunteer JV coach for gun high school 460 00:51:01,080 --> 00:51:01,740 the Titans. 461 00:51:02,380 --> 00:51:05,140 I've played there years and years ago as well. 462 00:51:06,200 --> 00:51:12,660 I've been following sports, and according to a fairly reputable website, Max Preps, 463 00:51:12,940 --> 00:51:16,840 James Lyck, compared to the days of Jim Plunkett is not doing as well. 464 00:51:16,860 --> 00:51:22,240 I don't mean to be shaming James Lyck, but the lowest rate football team, the lowest 465 00:51:22,240 --> 00:51:29,520 basketball team in the entire county. And what I'm getting at is, you know, we really appreciate 466 00:51:29,520 --> 00:51:35,180 all the hard work Valley Water does over the years, but you have to, you know, we have to, 467 00:51:35,280 --> 00:51:40,360 we the citizens, we the people have to engage and keep track of what goes on here and make sure 468 00:51:40,360 --> 00:51:46,880 our water is pure and our floods are, our creeks are safe. And I do call on my fellow citizens 469 00:51:46,880 --> 00:51:54,100 the tune in here and, you know, cheer on our elected leaders and our paid staff, but also, you know, 470 00:51:54,100 --> 00:51:58,800 hold them accountable. And what I'm saying here is, I think this is an extreme waste of time, 471 00:51:59,060 --> 00:52:03,740 Rebecca Eisenberg, and a personally, I voted for when Samantha City Council in Palo Alto. I voted 472 00:52:03,740 --> 00:52:09,300 for her and worked on her campaign, I think, when she ran for this seat. I knew Gary, he was my neighbor. 473 00:52:09,440 --> 00:52:13,680 I knew Greg's Lotnick, who was both an old old friend, elected to that seat, 474 00:52:13,680 --> 00:52:17,100 I've served in that seat for a few months as well. 475 00:52:17,480 --> 00:52:24,180 I really think we should just move on and do things that are a benefit for the taxpayers like myself and the voters like myself 476 00:52:24,180 --> 00:52:25,860 do not waste any more of our time of money. 477 00:52:26,120 --> 00:52:29,120 $600,000, that's disgraceful with due respect. 478 00:52:30,500 --> 00:52:32,880 Thank you for your comment, Mr. Weiss. 479 00:52:36,960 --> 00:52:45,560 And I think your point is right on that we should move forward and then our job is to manage 480 00:52:45,560 --> 00:52:50,440 water for Santa Clara County and we should really focus on what our job is. 481 00:52:51,360 --> 00:52:57,080 So we have a motion and are there any other public comment? 482 00:52:59,300 --> 00:52:59,540 Yes. 483 00:52:59,540 --> 00:53:00,300 Thank you, Madam Chair. 484 00:53:00,460 --> 00:53:03,000 We have a couple of hands raised in online. 485 00:53:03,000 --> 00:53:08,140 the first one, I apologize if I mispronounce your name, Dan Steading. 486 00:53:12,220 --> 00:53:16,020 The Mr. Dan, please go ahead. 487 00:53:24,130 --> 00:53:26,950 You're still muted, I think. 488 00:53:32,480 --> 00:53:33,160 Through the chair. 489 00:53:34,040 --> 00:53:35,640 His audio is not coming through. 490 00:53:37,880 --> 00:53:39,240 Audio is not coming through. 491 00:53:39,360 --> 00:53:40,520 From his mic, yes. 492 00:53:40,740 --> 00:53:45,320 Okay, then maybe we'll go to the next one and then come back to Dan. 493 00:53:45,320 --> 00:53:48,500 Dan, I don't know if that's a first name or last name. 494 00:53:49,800 --> 00:53:53,660 Okay, the next hand I have raised is Deborah Goldie. 495 00:53:53,660 --> 00:53:57,100 Ms. Goldie, please go ahead. 496 00:53:57,680 --> 00:54:00,180 Hi, the board of Goldie. I'm Paula with the California. 497 00:54:01,600 --> 00:54:05,280 I'm retired. I have been reading for years, 498 00:54:05,620 --> 00:54:07,380 editorials in the Mercury News. 499 00:54:08,800 --> 00:54:14,760 I'm, you know, just a very critical of Santa Clara Valley Water District 500 00:54:14,760 --> 00:54:19,880 and how they operate, and it is on my to-do list and retirement to keep a closer eye on y'all. 501 00:54:20,760 --> 00:54:28,020 And I don't know whether there should be a public hearing on this or not, but if there is 502 00:54:28,020 --> 00:54:32,940 going to be public hearing on it, I am going to be there, I am going to speak, I am going to speak 503 00:54:32,940 --> 00:54:38,480 in favor of Rebecca Eisenberg, and hopefully I'm going to bring the press with me. Thank you. 504 00:54:38,480 --> 00:54:41,340 Thank you. 505 00:54:42,400 --> 00:54:44,940 Let's go back to Dan. 506 00:55:00,000 --> 00:55:03,940 Chair, he unmuted, we still cannot hear him through his mic. 507 00:55:04,780 --> 00:55:05,460 Okay, 508 00:55:12,840 --> 00:55:30,200 if we cannot hear you, that's maybe if you don't mind stay on the Zoom and then trying to figure out what's the problem and we can come back at the end and ask for your feedback. 509 00:55:31,680 --> 00:55:37,560 Yeah, there's a good suggestion that you can call us, right? 510 00:55:39,060 --> 00:55:41,660 And then we can hear you. 511 00:55:45,590 --> 00:55:47,690 To see the number to call. 512 00:55:49,230 --> 00:55:49,910 Thank you, Manachari. 513 00:55:50,050 --> 00:55:52,470 It's listed on the agenda, the call number that means. 514 00:55:53,610 --> 00:55:56,330 So can you please try to do that? 515 00:55:57,270 --> 00:56:01,870 And when you're through, then we will call you immediately. 516 00:56:01,870 --> 00:56:03,170 Okay. 517 00:56:12,770 --> 00:56:19,650 We cannot move forward to vote until we hear this public comment. 518 00:56:27,400 --> 00:56:28,220 Then through 519 00:56:40,000 --> 00:56:44,860 the chair I asked twice to unmute through the zoom option. 520 00:56:45,660 --> 00:56:50,400 It's you are on you are unmuted from our end. 521 00:56:53,920 --> 00:56:59,040 Is that is that down so we can hear him right? No, that's not him. 522 00:56:59,580 --> 00:57:04,600 Um, no, through the chair, uh, this is, uh, Walter from, I see department. 523 00:57:05,060 --> 00:57:09,040 We have him unmuted. He is, we're not getting any audio from his site. 524 00:57:10,880 --> 00:57:11,400 Okay. 525 00:57:22,180 --> 00:57:24,960 Good chair. Would you like me to, um, call out to Mr. 526 00:57:25,460 --> 00:57:28,720 Stegink about the phone number. He could try calling me a video. 527 00:57:29,060 --> 00:57:34,640 Yeah, because, uh, OAS were stuck in the middle off the side and we, uh, we cannot move forward. 528 00:57:34,640 --> 00:57:55,640 You can use the call-in number that's listed on the agenda at 1, 6, 6, 9, 9, 0, 0, 9, 1, 2, 8, and the ID number you want to put in is 8, 4, 4, 5, 4, 5, 4, 5, 1, 5, 5, 9, 7, 5, 5, 5, 5, 9, 7, 5. 529 00:58:13,000 --> 00:58:19,620 Do the chair. I think he is actively trying because I just call them at the number I know him to have. 530 00:58:19,620 --> 00:58:25,040 and I heard basically this meeting in the background. 531 00:58:25,360 --> 00:58:26,440 So I'm not sure what's happening, 532 00:58:27,260 --> 00:58:27,960 but I think he's trying. 533 00:58:35,690 --> 00:58:35,970 Okay. 534 00:58:35,970 --> 00:58:39,830 He probably, and he's trying to speak this way, 535 00:58:40,270 --> 00:58:42,710 or is, I don't know, I don't think so. 536 00:58:43,030 --> 00:58:43,970 Yeah, because we cannot, 537 00:58:45,490 --> 00:58:47,650 they're asking him for ID. 538 00:58:51,180 --> 00:58:53,240 Oh, then you have to. 539 00:58:53,240 --> 00:58:56,440 Oh, he's providing ID and they can explain 540 00:58:56,440 --> 00:58:57,920 what's the technical problem. 541 00:58:57,920 --> 00:59:05,190 I'm on mute it. I've used zoom in the last 24 hours. I'm used to probably $100 in 542 00:59:05,190 --> 00:59:10,810 the last year. When I click on that link, I'm happy to have it. 543 00:59:13,690 --> 00:59:16,210 If I hand this to that 544 00:59:16,210 --> 00:59:21,950 IT department, can I can they do it that way? I don't understand what legal prohibition there 545 00:59:21,950 --> 00:59:27,070 is on having somebody who's going to speak on my behalf, speak to this because he couldn't 546 00:59:27,070 --> 00:59:36,530 get through. I'm saying. Okay, if I can, that's, that's, that's, maybe the IT can 547 00:59:36,530 --> 00:59:42,030 figure it out, but in the meantime, I don't think, I don't think it's a good idea for 548 00:59:42,030 --> 00:59:48,730 all of us to sit here and then waiting until this technical difficulty is resolved. 549 00:59:48,730 --> 00:59:59,970 So my proposal is that we will hold this and then hold the item 5.3 and then now I'm moving on to item 7 550 01:00:00,000 --> 01:00:09,220 necessary, because it's related to the Ragnar Creek Erosion Repair Project, a resulting from the flooding emergency, 551 01:00:09,820 --> 01:00:16,820 and that project is complete. The board is approved under the consent calendar, so we don't need to 552 01:00:16,820 --> 01:00:27,860 continue this emergency declaration. So that's item 7.1. Okay. I will ask one more time that 553 01:00:27,860 --> 01:00:31,620 Can we can we can we get Mr. 554 01:00:33,020 --> 01:00:33,420 Dent 555 01:00:33,420 --> 01:00:40,160 Sue can can I T or the clerk or someone call him he said he 556 01:00:42,560 --> 01:00:53,600 No, there's a rule and can can I can then can you please work it out how we saw our staff and in a meantime 557 01:00:53,600 --> 01:00:57,740 I can't work it out with IT because he doesn't have a reach IT 558 01:00:59,150 --> 01:01:02,350 Oh, do you have any advice for us? 559 01:01:02,730 --> 01:01:04,630 Through the chair, I'll explain what the legal requirements are. 560 01:01:04,810 --> 01:01:09,290 The Brown Act requires that it means be available for public comment for people who are in person. 561 01:01:09,850 --> 01:01:15,570 We have added about the board has showed them to add a Zoom option as a courtesy to those who are not able to attend. 562 01:01:15,670 --> 01:01:20,470 No legal requirement to allow anybody to speak via Zoom or through any other format. 563 01:01:20,970 --> 01:01:26,830 So it's a discretion board whether to allow an alternative further alternative means. 564 01:01:26,830 --> 01:01:29,630 I would note that for equity purposes, if it's off, 565 01:01:29,630 --> 01:01:32,230 I'll turn if domains is provided for one person that you should be made available to 566 01:01:32,230 --> 01:01:33,170 an entire fellow. 567 01:01:33,830 --> 01:01:34,370 It's great. 568 01:01:34,570 --> 01:01:36,530 That it made available to everyone. 569 01:01:36,930 --> 01:01:37,430 Why not? 570 01:01:37,550 --> 01:01:38,730 More comments, to better. 571 01:01:39,850 --> 01:01:43,690 Is that the, say we have a. 572 01:01:44,050 --> 01:01:44,450 Do you know related to them? 573 01:01:44,850 --> 01:01:45,990 I don't understand what I think is. 574 01:01:45,990 --> 01:01:46,370 They're eyes in bird. 575 01:01:46,390 --> 01:01:48,750 Please, okay, you are not hearing. 576 01:01:49,150 --> 01:01:49,370 You're. 577 01:01:49,370 --> 01:01:51,450 Well, I don't understand the, that are equal. 578 01:01:51,450 --> 01:01:51,630 Okay. 579 01:01:51,710 --> 01:01:56,310 I shouldn't allow people to speak or not what anonymous march is. 580 01:01:56,310 --> 01:02:11,070 And as a person who's threatening possibly to sue me and nobody is saying that not allowing people to speak, but we have to allowing people to speak to consistent with the ground at requirement. 581 01:02:11,070 --> 01:02:25,750 So if we can take a time and work through that fair down here, I want to add to 8.1 and just say I guess 582 01:02:25,750 --> 01:02:35,430 a warning to our public speaker that either 4.1, he says he's on. 583 01:02:35,430 --> 01:02:48,050 Lancy like leak to be a lancy. So that's okay. Okay, so not point of order. Okay, that's so he is can we hear you. Can you say something? Can we hear you? 584 01:02:51,760 --> 01:02:52,520 Can we hear him? 585 01:02:54,480 --> 01:03:05,200 Through the chair. I have unmuted him again twice. Okay, and then and we have nothing. He now unmuted himself, but we still here no audio from him. Okay, then I 586 01:03:06,560 --> 01:03:10,160 Mr. Dan, we really need this thing to be worked out. 587 01:03:10,260 --> 01:03:13,420 In the meantime, I will move on to either 8.1. 588 01:03:13,860 --> 01:03:17,860 So, as I said earlier, this can take some time. 589 01:03:18,220 --> 01:03:23,560 It's a lengthy bail-ancy discussion by the board for either 8.1. 590 01:03:23,700 --> 01:03:30,000 So, thank you for your patience and I want to thank our board members for your patience as we're going through this. 591 01:03:30,000 --> 01:03:40,560 Item 8.1, receive and update on the particular reservoir expansion project, project number 9195402. 592 01:03:41,820 --> 01:03:51,100 And this, the recommendations to receive the information update on the operations and benefits of particular reservoir expansion project. 593 01:03:51,100 --> 01:03:55,080 And before I ask staff for presentation, 594 01:03:56,520 --> 01:04:02,460 then the purpose of this item is this is the first one 595 01:04:02,460 --> 01:04:08,240 of a slew of topic related to this project 596 01:04:08,240 --> 01:04:12,200 that the board actually approved several months ago 597 01:04:12,200 --> 01:04:18,440 to come back to the board for the board to have in-depth discussion 598 01:04:18,440 --> 01:04:30,200 the understanding of these complex topic and also for opportunity for the public to get engaged 599 01:04:30,200 --> 01:04:38,200 through these individual topic, because it's helping all of us to reaching to the decision-making 600 01:04:38,200 --> 01:04:45,920 process. So again today, we are not deciding whether to move forward or not move forward on this 601 01:04:45,920 --> 01:04:53,900 project. We are starting this topic number one for particular as well project and expecting 602 01:04:53,900 --> 01:04:59,960 further discussions on different topics in the next several months. 603 01:05:00,140 --> 01:05:05,480 So, with that introduction, Ryan, please go ahead. 604 01:05:06,320 --> 01:05:11,520 Yes, thank you. Good afternoon, chair and directors and appreciate the introduction from the chair there. 605 01:05:11,580 --> 01:05:15,160 It's exactly what we're doing is providing a presentation here. 606 01:05:15,380 --> 01:05:20,180 It's a multi-presentation format, so this is the first in a series. 607 01:05:20,980 --> 01:05:27,320 And we did come to the board in November of last year presented our different topics that we'd be presenting during the series. 608 01:05:27,320 --> 01:05:55,320 And this is the first of that, and we presented this to the water storage explorer committee in December, and planned to bring this to the board in January, however, there's changes in the agenda. So here we are on February 13, not January 23, it's shown there. So I'll go on with the presentation on the operations and benefits of the project. So we've seen this slide many times before in many different ways. And what this really does is summarize the needs that this project can address. 609 01:05:55,840 --> 01:06:07,520 And this is also sort of a breakdown of what this presentation will go through and I will be starting off with the emergency water supply benefit and how the project addresses that need. 610 01:06:08,240 --> 01:06:11,380 And then I will pause and we can take questions on that portion of it. 611 01:06:11,480 --> 01:06:14,720 That's the full of it going through the operations and that's slide nine. 612 01:06:14,860 --> 01:06:24,340 I think it will be my last slide and then I'll hand the mic over to the engineering unit manager Julianne O'Brien to go through the other four needs there and go into a little bit more detail 613 01:06:24,340 --> 01:06:26,900 and we can take questions at the end on those as well. 614 01:06:28,200 --> 01:06:33,600 So these five needs here, the number one is our emergency water supply. 615 01:06:33,720 --> 01:06:36,340 And that's what we're addressing in the water supply master plan, 616 01:06:36,540 --> 01:06:38,400 but the very critical part of this project is something 617 01:06:38,400 --> 01:06:42,240 that value water needs the most out of these and the others are secondary needs, 618 01:06:42,380 --> 01:06:47,660 but also very important, and it makes this a nice opportunity for a multi-benefit project. 619 01:06:50,740 --> 01:06:54,380 So this is going through how the operations work kind of at the grand scale. 620 01:06:54,380 --> 01:07:02,960 So really the way to sum up how the expanded the Chaco reservoir works is there's two inputs of water and two outputs of water. 621 01:07:03,260 --> 01:07:04,780 Really the easiest way to sum it up. 622 01:07:05,340 --> 01:07:11,560 So we received water through a board of water supply from the Delta down through the state water project and CVD aqueducts. 623 01:07:12,600 --> 01:07:14,240 And it comes into the O'Neill 4 bag. 624 01:07:14,380 --> 01:07:22,440 It's pumped up into San Luis Reservoir and stored and then we take it for our use through the Chaco pumping plant that exists right there at the west side of San Luis Reservoir. 625 01:07:22,440 --> 01:07:25,860 And it comes down the hill through the gray line there, 626 01:07:26,020 --> 01:07:29,580 splits off into the Santa Clara conduit and the Hollister conduit, 627 01:07:29,740 --> 01:07:32,340 which go to Santa Clara County in San Benito County, 628 01:07:32,640 --> 01:07:33,000 respectively. 629 01:07:34,320 --> 01:07:35,540 That's all existing infrastructure. 630 01:07:35,720 --> 01:07:37,600 That's how we receive our water now. 631 01:07:38,380 --> 01:07:42,180 So what the Pacheco expansion would include is a new tie-in 632 01:07:42,180 --> 01:07:46,380 to this pipeline that you can see there in the kind of light blue line 633 01:07:46,380 --> 01:07:47,860 showing up and down there. 634 01:07:48,140 --> 01:07:51,700 And we would tie into that existing conduit into the expanded reservoir, 635 01:07:51,700 --> 01:07:57,220 so that we could put water into the reservoir and wet years and take water out of the reservoir 636 01:07:57,220 --> 01:08:01,860 and dry years into our pipeline system that we currently have and bring that board of water supply 637 01:08:01,860 --> 01:08:08,300 into our county and the San Manido could do a very similar thing on a smaller scale based on their 638 01:08:08,300 --> 01:08:15,200 size and supply needs. The other operation that happens here is the other input, which is the natural 639 01:08:15,200 --> 01:08:20,720 watershed and with the Pateco Creek, gets from the watershed around it in the rain and collecting 640 01:08:20,720 --> 01:08:28,300 water into the expanded reservoir. The existing dam that is there now is much smaller and fills 641 01:08:28,300 --> 01:08:34,840 and spills in moderate wet years, not even in the extreme wet years. So we'd be able to capture 642 01:08:34,840 --> 01:08:39,560 a lot more water than currently is able to be captured. And then we would use that water in our 643 01:08:39,560 --> 01:08:45,320 other output way, which is releasing water in the Chaco Creek, which would both recharge ground water 644 01:08:45,320 --> 01:08:49,820 in the area and the Chaco pass water district to currently owns the dam in their service area, 645 01:08:49,820 --> 01:08:52,140 which is shown there in the darker green. 646 01:08:52,660 --> 01:08:55,020 And then also improving the steel head habitat 647 01:08:55,020 --> 01:08:57,340 and other aquatic species along the Chico Creek, 648 01:08:57,380 --> 01:08:58,880 which does go dry in most years. 649 01:08:58,960 --> 01:09:01,280 So it's a very flashy system currently, 650 01:09:01,540 --> 01:09:04,920 very wet, some winters and very dry to the point 651 01:09:04,920 --> 01:09:06,800 where the creek goes completely dry 652 01:09:06,800 --> 01:09:09,900 in portions throughout the summer and early fall. 653 01:09:11,260 --> 01:09:13,460 And then also shown on this graphic here 654 01:09:13,460 --> 01:09:15,440 is the yellow lines on the right side. 655 01:09:15,880 --> 01:09:18,620 That's kind of going through what our refuge deliveries look like. 656 01:10:00,000 --> 01:10:09,340 So that happens north of sandless reservoir. So that water doesn't ever actually make its way to us. It's more our portion of our contract water that we use to exchange. 657 01:10:12,440 --> 01:10:22,480 Okay, so this slide was added after we did the water storage exploratory committee presentation and it's really going through the all the numerical modeling. How we looked at all these different operations. 658 01:10:22,480 --> 01:10:36,680 And this is a pretty complex flow chart, but I thought it was good just to see the complexity of it and show how much is really going into all the numbers that we're driving through and the planning of this project and looking at how the operations work. 659 01:10:37,460 --> 01:10:48,580 And there's eight main numerical tools that we use in here and these are the best available tools are used statewide and the same systems that we use for our own value water analysis and planning for our water supply. 660 01:10:48,580 --> 01:10:56,520 And we also got days worth of federal and state resource agency feedback through workshops and meetings with the resource agencies. 661 01:10:56,920 --> 01:11:02,160 On this approach and how we're looking at these different numbers and models and assumptions that we're putting through. 662 01:11:02,780 --> 01:11:12,320 So just to sum it up, essentially what we do is we look at the statewide system and look at the hydrology in the state and the important water deliveries that come year after year in the state. 663 01:11:12,320 --> 01:11:14,740 And then we bring that down into the valley water 664 01:11:14,740 --> 01:11:18,440 at Santa Clara County level and how that would feed into us. 665 01:11:18,640 --> 01:11:20,820 And then break the down even further into the Pachico Creek 666 01:11:20,820 --> 01:11:24,260 watershed and the Pachico Creek releases that will happen there 667 01:11:24,260 --> 01:11:26,680 through the Pachico Creek habitat suitability model, 668 01:11:26,760 --> 01:11:28,920 which was developed prior to this project, 669 01:11:28,920 --> 01:11:32,420 but it's being used and updated as we work through all the details. 670 01:11:33,480 --> 01:11:37,320 So lots of great outputs here on hydrology, water temperature, 671 01:11:37,640 --> 01:11:39,960 how much power will take to operate the pump station 672 01:11:39,960 --> 01:11:42,340 to move water in and out of the expanded reservoir. 673 01:11:42,700 --> 01:11:45,900 This is really the basis of how we came up with all these numbers 674 01:11:45,900 --> 01:11:48,540 that we've been using throughout the project there 675 01:11:48,540 --> 01:11:52,380 in our draft EIR and our water storage investment program, 676 01:11:52,560 --> 01:11:54,780 feasibility documentation that was submitted in 2021, 677 01:11:55,420 --> 01:11:57,960 and really having really quantify the benefits 678 01:11:57,960 --> 01:11:59,780 that the operations bring for this project. 679 01:12:02,980 --> 01:12:05,520 This is just one output that we get from the modeling, 680 01:12:06,040 --> 01:12:09,660 and I think it's useful to show what the reservoir volume 681 01:12:09,660 --> 01:12:13,520 would look like over kind of a virtual period. 682 01:12:14,120 --> 01:12:17,520 So what we do is we take the year of storms 683 01:12:17,520 --> 01:12:20,220 from the years of storms from 1922 to 2003, 684 01:12:20,980 --> 01:12:24,140 and look at how those would affect the Pacheco Resort 685 01:12:24,140 --> 01:12:26,900 it was in place in our system with all the data 686 01:12:26,900 --> 01:12:29,240 from the state and all of our value water data 687 01:12:29,240 --> 01:12:30,180 that we have now. 688 01:12:30,520 --> 01:12:32,880 And just using that virtual kind of rainfall 689 01:12:32,880 --> 01:12:37,080 and situational data to look at what the output would be. 690 01:12:37,380 --> 01:12:39,000 So you can see in the 30s, 691 01:12:39,000 --> 01:12:44,140 we had a major drought. So that's kind of simulated what a future long extended drought would 692 01:12:44,140 --> 01:12:49,700 look like for the reservoir as well is the late 80s early 90s drought. So kind of shows what 693 01:12:49,700 --> 01:12:55,620 the reservoir would do. And the black line is the total storage. And of course, I'm capping out 694 01:12:55,620 --> 01:13:00,480 at the 140,000 acre beats. So you can see it's full at a lot of times throughout that period. 695 01:13:00,900 --> 01:13:05,820 But also drops down in these extended droughts. And another really good example to point out is the 696 01:13:05,820 --> 01:13:08,980 in 1978, we had almost completely dry year. 697 01:13:09,480 --> 01:13:11,360 So the Chaco Reservoir booths in place 698 01:13:11,360 --> 01:13:12,880 would have been called down. 699 01:13:12,960 --> 01:13:15,100 But that's using today's demands, 700 01:13:15,580 --> 01:13:19,460 but using the water data from that 83-year period. 701 01:13:20,480 --> 01:13:22,220 The other thing to note on this graphic, 702 01:13:22,680 --> 01:13:26,760 which is important is those two inputs that I was talking about. 703 01:13:26,960 --> 01:13:28,980 The import water supplies are shown there on top 704 01:13:28,980 --> 01:13:31,460 and the light grayish blue, and on the bottom 705 01:13:31,460 --> 01:13:33,840 is what the natural inflow would bring into the reservoir. 706 01:13:33,840 --> 01:13:41,640 So, combining those two water sources and how much of each of those water sources would take up the volume of the water and the reservoir. 707 01:13:45,390 --> 01:13:59,690 Okay, so get into the emergency water supply, need and the benefit of this project brings, I think I mentioned earlier, but there's 45% of our water is imported from the Delta, so that's a major piece of our water supply each and every year. 708 01:13:59,690 --> 01:14:06,010 And there is a 72% chance of a 6.7 or greater magnitude occurring in the Bay Area by 2043. 709 01:14:06,650 --> 01:14:10,090 So that's a lot of scientists have been studying this and talking about this. 710 01:14:10,090 --> 01:14:13,030 And that doesn't include the Delta and Levy system. 711 01:14:13,270 --> 01:14:14,570 That's that includes the Bay Area. 712 01:14:15,110 --> 01:14:19,730 And what could happen if there was a Levy failure or any other kind of pipeline 713 01:14:19,730 --> 01:14:23,090 outage long that import water system before it gets to Santa Clara County, 714 01:14:23,470 --> 01:14:27,210 where we would be able to receive maybe zero water in any given year. 715 01:14:27,210 --> 01:14:33,870 So, that would, the Jacob would really provide a emergency water supply for Valley Water in that kind of event. 716 01:14:34,770 --> 01:14:41,350 And just going through the bullets here with the levee failure, but also in the past 25 years or so, 717 01:14:41,490 --> 01:14:47,270 the other large water agencies around the state, including Metropolitan Water District and San Francisco Public Utilities Commission, 718 01:14:47,370 --> 01:14:51,930 have made huge investments into emergency water supply because they have the same concerns. 719 01:14:51,930 --> 01:14:54,830 They rely heavily on their different, 720 01:14:55,090 --> 01:14:57,130 the respective imported water systems 721 01:14:57,890 --> 01:14:59,750 and in an earthquake or other. 722 01:15:00,000 --> 01:15:07,060 The chances are we would have somewhere around this average. I'm just over 100,000 acre feet available, if value 723 01:15:07,060 --> 01:15:12,680 water had full control over the water. This is not considering partners, but two partners as well. 724 01:15:12,900 --> 01:15:17,040 They were part of this, they would have a share of that emergency water supply as well. 725 01:15:17,340 --> 01:15:24,800 And you can see we've modeled Santa Nito County Water District's storage at 10% as the purple color shaded there up on top. 726 01:15:24,980 --> 01:15:28,800 So that kind of shows what they would be using during that same time period. 727 01:15:32,580 --> 01:15:38,900 So, just to put a cap on that emergency water supply, there's a major risk of Delta export 728 01:15:38,900 --> 01:15:43,920 outages, and this reservoir increases our local surface storage capacity by 90 percent. 729 01:15:44,040 --> 01:15:47,220 So, almost doubles what we could have in a given year. 730 01:15:47,900 --> 01:15:52,240 So, obviously, a pretty major benefit, and we're looking at it through our water supply, 731 01:15:52,260 --> 01:15:57,700 master plan, pretty carefully, is a, our main water storage option that controlled by 732 01:15:57,700 --> 01:15:58,180 water. 733 01:16:00,770 --> 01:16:07,630 So the project will also enhance water supply through water storage. So this isn't new water supply. 734 01:16:07,950 --> 01:16:13,730 We're not counting on new water from the watershed that we'll be taking and using, although that is an option, 735 01:16:14,090 --> 01:16:21,610 depending on how the rain falls out of the sky, the future that could happen. But we're not counting on that when we analyze these benefits. 736 01:16:21,610 --> 01:16:30,610 We're really trying to keep it separate between what we store from our excess imported water supplies and wet ears and using dry ears is our our water supply function. 737 01:16:31,130 --> 01:16:35,870 But without this additional storage that additional water supply wouldn't be there. 738 01:16:36,570 --> 01:16:47,310 And the way we're modeling it is the Chaco is kind of the last call for water in our we model and how the water supply looks at it. So it doesn't really play into the demand. 739 01:16:47,310 --> 01:16:52,850 there's more than is demanded in our water supply and that's why it doesn't model out like a good 740 01:16:52,850 --> 01:17:00,610 new water supply as it could. So there could be up to 24,000 acre feet available in some years 741 01:17:00,610 --> 01:17:06,110 for water supply to come in, but we think the demands are only around up to 8,000 acre feet for 742 01:17:06,110 --> 01:17:11,590 Pacheco and just a regular annual supply and demand type year. This is not talking about emergencies 743 01:17:11,590 --> 01:17:18,190 vaccinated droughts. This is just in a typical year. So having that additional water supply 744 01:17:18,190 --> 01:17:23,590 available definitely helps us in all of our our goals and booting contribute into our 745 01:17:23,590 --> 01:17:28,690 groundwater management goals and preventing subsidence and overdrafting of our groundwater system. 746 01:17:31,200 --> 01:17:35,180 And now we'll pass it over to Juliano Bryant to do the rest of the presentation. Unless there's 747 01:17:36,660 --> 01:17:41,540 Okay, we have Director Eisenberg has a question. 748 01:17:42,520 --> 01:17:50,380 I'd like to request board members that if you can limit your question to three minutes 749 01:17:50,380 --> 01:17:56,060 and I don't, it's not the intent for you not to ask question. 750 01:17:56,180 --> 01:18:00,540 I just want to make sure that every board member can rotate through 751 01:18:00,540 --> 01:18:06,640 And then, if I'll finish the question, we'll just continue in that sequence so that everybody 752 01:18:06,640 --> 01:18:10,120 has the opportunity to ask their questions. 753 01:18:11,700 --> 01:18:17,840 So, Chair, if I might interject, I would like to suggest that we leave the questions until the 754 01:18:17,840 --> 01:18:18,660 end of the presentation. 755 01:18:19,440 --> 01:18:19,520 I think I can. 756 01:18:19,520 --> 01:18:24,140 My question, I'd directly to Ryan, so in direct response to what you're saying. 757 01:18:24,280 --> 01:18:27,720 Ryan, we'll be here throughout the whole item. 758 01:18:27,720 --> 01:18:43,720 So the reason for it is, I think that my questions will be going across the different things, and I would like to make sure that we focus on getting the questions that we need answered answered. 759 01:18:44,180 --> 01:18:45,080 I'm like my colleague. 760 01:18:46,140 --> 01:18:49,340 That's a, that's a, that's a, that's a, that's a, that's a, that was my personal statement. 761 01:18:49,380 --> 01:18:54,060 I mean the same in such a, you should that my question may be explained later. 762 01:18:54,540 --> 01:19:01,780 So my question will not be explained later, because it is directly related to what Ryan said can I go ahead and ask you a question. 763 01:19:01,980 --> 01:19:03,300 It is a question. So. 764 01:19:04,580 --> 01:19:09,820 So by the way, as you know, according to our governance rules, the chair does not have the right to limit the speaking. 765 01:19:09,820 --> 01:19:13,080 I mean, I went out with my report. 766 01:19:13,400 --> 01:19:15,260 It's a little bit like we're best to you. 767 01:19:15,540 --> 01:19:18,400 Yeah, if it doesn't work, if it doesn't work, 768 01:19:18,520 --> 01:19:20,800 I'll ask for the, but then at this point, 769 01:19:21,020 --> 01:19:24,300 it's my request and I hope you please give me back these 770 01:19:24,300 --> 01:19:25,980 with 20, 20 seconds. 771 01:19:26,140 --> 01:19:28,900 This is a little bit nutty and you don't do this to anyone else. 772 01:19:29,380 --> 01:19:30,840 So here's one one question. 773 01:19:30,980 --> 01:19:35,120 Can you go back to the slide where you talked about how this damn 774 01:19:35,120 --> 01:19:39,080 wood this reservoir would actually provide protection from earthquakes. 775 01:19:41,600 --> 01:19:43,820 So, it's pretty well known 776 01:19:43,820 --> 01:19:52,660 that the the best biggest risk in earthquakes is to imported water. So, what water fills this reservoir 777 01:19:52,660 --> 01:19:58,920 is it imported water? Yes, imported water and water from the watershed. Okay. So, 778 01:19:58,920 --> 01:19:59,240 words. 779 01:19:59,460 --> 01:19:59,640 Yeah. 780 01:20:00,000 --> 01:20:08,160 So, imported water will be impacted by an earthquake. So, that means that this reservoir won't 781 01:20:08,160 --> 01:20:14,880 is very likely not to receive imported water from an earthquake. So, that is why the met and other 782 01:20:14,880 --> 01:20:21,260 water districts, pretty much universally, have decided that local water sources are actually the only way 783 01:20:21,260 --> 01:20:28,800 to earthquake proof. And that is why the met and other water districts are actually investing in water recycling. 784 01:20:29,860 --> 01:20:32,700 and stormwater capture and other technologies. 785 01:20:33,260 --> 01:20:38,720 So given that, first quick resilience wasn't one of the stated purposes of this dam 786 01:20:39,540 --> 01:20:45,420 and reservoir, and that it's actually a stretch to say that this would provide any earthquake 787 01:20:45,420 --> 01:20:46,040 perfection. 788 01:20:47,420 --> 01:20:50,900 Maybe could you consider revising this, this, your statement? 789 01:20:51,700 --> 01:20:53,260 Well, I don't have time actually. 790 01:20:53,440 --> 01:20:54,560 It was because they're going to cut me up. 791 01:20:54,560 --> 01:21:02,600 So another question is that, in this, you say that 8,000 acre feet is pretty much what this 792 01:21:02,600 --> 01:21:10,820 that's written out would provide a year. So that is that inclusive of the 35 percent 793 01:21:10,820 --> 01:21:18,680 acre feet that would go to theoretical partners or that offer us. Because the price as a reminder, 794 01:21:18,680 --> 01:21:25,560 the cost figure that we give is only 65% of the actual cost to account for 35% contribution 795 01:21:25,560 --> 01:21:34,920 by partners that don't exist. So with that same calculation in mind, is that 8,000 in next 796 01:21:34,920 --> 01:21:39,180 number, what we would get or a gross number, whatever one would get. 797 01:21:39,940 --> 01:21:42,620 Got to the chair. I can answer both of those questions frequently. 798 01:21:44,700 --> 01:21:50,520 Okay, yes, so yeah. Okay. Okay. So the back to the earthquake, we do consider having the 799 01:21:50,520 --> 01:21:56,220 Pacheco Reservoir expansion would be a local water supply that we could call on in that type 800 01:21:56,220 --> 01:22:00,020 of emergency. But you're right, we wouldn't be able to get water there after an earthquake, but the 801 01:22:00,020 --> 01:22:07,140 idea is that we'd get it there before an emergency. And it's there. Yeah, similar to what MWD did 802 01:22:07,140 --> 01:22:08,200 with diamond valley. 803 01:22:08,460 --> 01:22:10,840 So we're talking about 8,000 acre feet. 804 01:22:10,900 --> 01:22:14,380 I don't know, up to up to 24,000. 805 01:22:14,660 --> 01:22:16,280 No, that in an emergency, there's much more 806 01:22:16,280 --> 01:22:18,160 than we'd be needed, right? 807 01:22:18,200 --> 01:22:21,300 So that 8,000 is based on our demand. 808 01:22:21,620 --> 01:22:24,200 So what would the maximum amount be? 809 01:22:24,360 --> 01:22:27,120 That's up to 100,000 acre feet if we had. 810 01:22:27,180 --> 01:22:29,140 And so is that for all the participants? 811 01:22:29,340 --> 01:22:31,040 Yes, that's for all that's a gross number. 812 01:22:31,420 --> 01:22:35,260 So given that we give that 65% I'm still asking my question, 813 01:22:35,260 --> 01:22:38,260 given that we give a 65% number as to the cost. 814 01:22:38,760 --> 01:22:40,080 What is, so are you actually saying 815 01:22:40,080 --> 01:22:42,140 that it'd be more like 65,000? 816 01:22:42,540 --> 01:22:45,420 We're not offering a 65% value on the cost. 817 01:22:45,860 --> 01:22:46,560 The full amount of citizens. 818 01:22:46,560 --> 01:22:49,540 The CFO has the state of here, and he can respond 819 01:22:49,540 --> 01:22:53,660 that in the board voted to add that 2.78 is actually 820 01:22:53,660 --> 01:22:55,900 net of 35% contribution. 821 01:22:56,120 --> 01:22:57,940 Are you saying that that's no longer the case? 822 01:22:58,200 --> 01:23:01,740 I believe that's the financing model, not the total project 823 01:23:01,740 --> 01:23:02,100 costs. 824 01:23:02,300 --> 01:23:05,040 OK, so the total project costs 825 01:23:05,040 --> 01:23:11,440 advertising the CIP is actually lower than 2.78. So again, I'm going to point out the inconsistency 826 01:23:11,440 --> 01:23:20,100 in claiming a cost of 65%, but claiming a benefit of 100%. That is a huge inconsistency. 827 01:23:20,160 --> 01:23:24,800 I disagree that there's an inconsistency. Okay, I recognize that you disagree. 828 01:23:25,680 --> 01:23:40,480 Okay. Okay, that's, that's, that's, let's move on. Okay. And I think Director Kiegas, 829 01:23:41,380 --> 01:23:48,120 suggestion earlier, make sense for all more members that we will finish the presentation 830 01:23:48,120 --> 01:23:54,380 and then not take turn to ask questions. And my request to everybody is to give other more 831 01:23:54,380 --> 01:23:56,400 a chance to ask questions. 832 01:23:57,680 --> 01:23:58,180 Q&A. 833 01:23:58,760 --> 01:23:59,140 Go ahead. 834 01:23:59,300 --> 01:23:59,720 Good afternoon. 835 01:24:00,500 --> 01:24:01,620 Ms. Ryan mentioned earlier. 836 01:24:01,780 --> 01:24:04,420 I'm Juliano Bryant, the engineering unit manager overseeing the 837 01:24:04,420 --> 01:24:05,240 Particle Project. 838 01:24:05,980 --> 01:24:10,600 And I'm taking over on the San Luis Reservoir low-point 839 01:24:10,600 --> 01:24:11,620 water quality issues. 840 01:24:12,280 --> 01:24:17,660 So the need here is the fact that the upper intakes, 841 01:24:18,080 --> 01:24:21,780 which are the intakes that value water uses to remove water from 842 01:24:21,780 --> 01:24:26,880 stimulus reservoir are much higher than the other 843 01:25:00,000 --> 01:25:11,540 Or the water receives beyond that level. Or the algae blue is in that area in the screen, here impacting the taste and quality of the water. 844 01:25:11,540 --> 01:25:20,460 odor and taste, if the water that we take from the reservoir, excuse me, and provide to our 845 01:25:22,380 --> 01:25:31,420 resellers. And so what we will, how to take a walk with that is personally, 846 01:25:35,140 --> 01:26:01,400 And so how we will use Pacheco to help with that issue is during the cooler months before the algae bloom occurs, or when the reservoir levels are higher, we will move water from San Luis into Pacheco to have in Pacheco to then use during the warmer months when there's the issues with San Luis. 847 01:26:01,400 --> 01:26:06,660 or to blend with that water in San Luis to combat those concerns. 848 01:26:09,630 --> 01:26:11,570 And so this would prevent 63 849 01:26:11,570 --> 01:26:17,150 months of impaired water quality deliveries based on the analysis period that we looked at, 850 01:26:17,210 --> 01:26:28,430 which was a 97% reduction by delivering the supplies earlier in season and capturing the water 851 01:26:28,430 --> 01:26:41,110 source and kind of for perspective going back to this slide, that's this one. They intake 852 01:26:41,110 --> 01:26:48,330 level elevation is 376 feet and the current reservoir levels today are 482 feet. So you can see 853 01:26:48,330 --> 01:26:56,330 in February, the reservoir levels are much higher than the intake levels but later in the year they 854 01:26:56,330 --> 01:26:57,410 changes. 855 01:27:05,820 --> 01:27:11,620 And then while the Chaco itself may still have, 856 01:27:11,660 --> 01:27:16,520 it may end up having some of the same concerns with algae levels in the reservoir, 857 01:27:16,960 --> 01:27:23,620 the design of the reservoir is such that the intake levels will be much lower 858 01:27:23,840 --> 01:27:27,320 and so well below whatever algae may grow in the Chaco, 859 01:27:27,320 --> 01:27:31,940 as well as the shape of the reservoir itself is much deeper. 860 01:27:32,700 --> 01:27:34,720 And so the water will stay cooler, 861 01:27:34,900 --> 01:27:36,680 which will benefit the fish with you talk about later, 862 01:27:37,060 --> 01:27:40,500 as well as make it less conducive for algae to grow. 863 01:27:43,980 --> 01:27:46,140 So, bring us to the fish, the steelhead. 864 01:27:47,100 --> 01:27:49,520 So, this picture is native in non-native feed, 865 01:27:50,320 --> 01:27:51,580 fish, and you're one at Avenue. 866 01:27:53,080 --> 01:27:55,600 And the need is there was a 90% decline 867 01:27:55,600 --> 01:28:02,320 of steel head in Paharao from between the 1960s to the 1980s, partially has 868 01:28:02,320 --> 01:28:06,560 but shape of creek dries out during the summer months. There's insufficient flow. And then when 869 01:28:06,560 --> 01:28:13,820 there is water, it is much elevated in temperatures, which is not conducive for the fish. 870 01:28:16,960 --> 01:28:27,400 And so the red line here shows the typical releases on a monthly basis throughout a year of 871 01:28:27,400 --> 01:28:36,540 go without a project. As things are, if the current reservoir was not restricted in flow right now, 872 01:28:36,680 --> 01:28:43,060 the valve is continuing to open, they're all allowed to store water there. And the blue line 873 01:28:43,060 --> 01:28:51,780 shows what the proposed releases would be with the project. As you can see, there's in much higher 874 01:28:52,780 --> 01:29:00,900 I love it, excuse me, releases throughout the year and it's much more consistent throughout the year than currently. 875 01:29:04,240 --> 01:29:23,430 And so, the project will support the federal release right into your head recovery by making, by improving the habitat and making it more conducive for the fish to survive in the, in the creek. 876 01:29:23,430 --> 01:29:28,990 And the flow regime that we developed was through a series of workshops including 877 01:29:30,170 --> 01:29:32,910 NIMS, CDFW and other regulatory and project partners. 878 01:29:33,730 --> 01:29:39,770 And the models and results that we came up with were reviewed by the California Work Commission and CDFW 879 01:29:39,770 --> 01:29:42,990 Ryan had showed the flow chart on a lot of that earlier. 880 01:29:44,490 --> 01:29:48,070 And providing you around flow into measure benefits, make the creek. 881 01:29:48,110 --> 01:29:50,870 We'll make the creek more conducive to 882 01:29:50,870 --> 01:29:59,770 We have a, we work in this habitat for recovery and we, the cohorts for will be increased between. 883 01:30:00,940 --> 01:30:14,840 And so, as part of the water storage infrastructure, there's a requirement to help collectively reduce this issue. 884 01:30:15,260 --> 01:30:27,520 And so, a take-a would contribute to that by diverting up to 2008 for wetlands in below normal water years. 885 01:30:27,520 --> 01:30:34,380 And so this combined with similar contributions from other projects would help increase 886 01:30:34,380 --> 01:30:48,180 what food supply from migrating Pacific, lie away waterfall, foul and other species 887 01:30:48,180 --> 01:30:50,300 that are in the wetlands. 888 01:30:51,060 --> 01:30:57,600 And then for an idea of the impact between 2012 and 2022, there were three below normal 889 01:30:57,600 --> 01:31:03,620 years that would have received a total of 6,000 acre feet from the Chaco if it's part of 890 01:31:03,620 --> 01:31:09,460 a minute place. And so this would be done via exchanges as Ryan mentioned earlier, so the water 891 01:31:09,460 --> 01:31:14,080 would from our CBP water would divert to this before we would get to the Chaco. 892 01:31:17,520 --> 01:31:28,580 And then the communities downstream of the reservoir have received extensive flooding, even for 893 01:31:28,580 --> 01:31:35,880 frequent small events last year, there was some significant flooding in January, and then also in 2017, 894 01:31:36,080 --> 01:31:42,220 there was some significant flooding as well. And while this project is not planned to be operated 895 01:31:42,220 --> 01:31:49,080 for flood control, it will provide some incidental flood control just by by existing and being a much 896 01:31:49,080 --> 01:31:58,560 larger reservoir that will reduce the peak flows by having a much larger space for the 897 01:31:58,560 --> 01:32:07,720 water to get both who before it, get downstream and based on our modeling, we expect that we can reduce 898 01:32:07,720 --> 01:32:14,680 the peak flows by up to 46% in the Chaco Creek. That's only one portion of it, but it would still 899 01:32:14,680 --> 01:32:18,420 be a incidental benefit to the people downstream. 900 01:32:21,900 --> 01:32:22,000 I 901 01:32:25,680 --> 01:32:29,440 think that's all of the 902 01:32:29,440 --> 01:32:30,760 Thank you, Julian. 903 01:32:31,440 --> 01:32:33,120 And then I'll award questions. 904 01:32:33,540 --> 01:32:35,220 Who will start with the Director Kegan? 905 01:32:38,240 --> 01:32:40,040 Thank you, Churchway. 906 01:32:40,840 --> 01:32:42,920 And thank you, staff, for the presentation. 907 01:32:43,780 --> 01:32:46,740 So I think I want to start out with sort of more 908 01:32:46,740 --> 01:32:48,760 global questions and comments. 909 01:32:49,860 --> 01:32:51,700 And I think Mr. McCartor is going to have 910 01:32:51,700 --> 01:32:54,400 to answer some of these questions. 911 01:32:55,040 --> 01:32:58,860 I'll just start out by saying, I kind of feel a little bit 912 01:32:58,860 --> 01:33:09,390 deja vu with Anderson. I think it's an organization. We tend to have, we tend to identify 913 01:33:09,970 --> 01:33:19,110 what's the project we want to do and not necessarily look into deviating from that or 914 01:33:19,110 --> 01:33:25,430 or seriously considering other options. I realize that's just a philosophical comment so I don't 915 01:33:25,430 --> 01:33:33,030 respect staff to respond to that, but it does concern me because I think I look at Anderson 916 01:33:33,030 --> 01:33:38,990 and I think, yes, we face the challenging regulatory environment, but there's things that 917 01:33:38,990 --> 01:33:47,590 could have been done with poor sight like, for example, having it not be a, having decoupled 918 01:33:47,590 --> 01:33:55,290 from Burke many years ago when we were first planning to do the project. So one of the issues 919 01:33:55,290 --> 01:34:01,650 that I have with this is I feel like there's a lack of specificity, Rita Norton, who was formerly 920 01:34:01,650 --> 01:34:04,970 the head of Environmental Services for the City of San Jose. 921 01:34:05,330 --> 01:34:20,730 She has the first comment that was submitted today and she suggested that this looks more 922 01:34:20,730 --> 01:34:40,730 Like an advocacy kind of report for the project rather than perhaps a more realistic one that may be identifying some of the concerns and some of the issues and some of the challenges that we need facing and I have a tendency to agree with her. 923 01:34:40,730 --> 01:34:44,250 I also think the serial club brought up a number of good points. 924 01:34:45,070 --> 01:34:53,690 My first question is going to be, and I realize staff will probably not be able to identify 925 01:34:53,690 --> 01:34:59,970 this, um, absolutely, but I want to know how much money are we- 926 01:35:00,000 --> 01:35:05,660 We're going to be expanding on a monthly basis on fake shakeout. Like for example, in the upcoming year, 927 01:35:05,860 --> 01:35:09,980 how much money do we anticipate spending? Because I think it's a lot. 928 01:35:11,580 --> 01:35:15,600 Yeah, I don't have that number off the top of my head. I do know that in previous presentation, 929 01:35:15,920 --> 01:35:20,680 where we had the timeline, we did have that marked out. 930 01:35:20,680 --> 01:35:22,700 and maybe we will offer. 931 01:35:23,660 --> 01:35:27,160 Yeah, if I had to take a guess, I think it's around 20 million 932 01:35:27,920 --> 01:35:30,800 on average per year in planning and design 933 01:35:30,800 --> 01:35:33,360 environmental pervading efforts. 934 01:35:35,540 --> 01:35:41,080 So between one and a half and two million a month to move forward with this. 935 01:35:41,380 --> 01:35:43,380 Okay, thank you for that answer. 936 01:35:43,380 --> 01:35:53,420 Um, we have got, um, with the alums, uh, for Patreco. Um, did we disclose the fact that we're 937 01:35:53,420 --> 01:35:58,720 going to have an impact on a park as part of this project in our low in application? 938 01:35:59,660 --> 01:36:02,660 Did we, did we disclose the excuse to repeat the question? 939 01:36:03,040 --> 01:36:05,660 We're going to be impacting a state park, correct? 940 01:36:06,460 --> 01:36:07,280 As part of the project? 941 01:36:07,500 --> 01:36:07,680 Correct. 942 01:36:07,680 --> 01:36:10,360 Did we disclose that on our WIFI applications? 943 01:36:11,180 --> 01:36:25,800 I'm not sure if it was explicitly in the application, but as an attachment, the draft EIR and all the different components in the impacts were included for the review and there was actually a NEPA review associated with the with the alums. 944 01:36:26,660 --> 01:36:28,020 So that was disclosed. 945 01:36:28,280 --> 01:36:36,160 I don't know if it was the environmental document. There's a lot of things in environmental document. I mean, how many pages did that run to? 946 01:36:36,160 --> 01:37:05,160 of 2000 or so. So sometimes it's hard to separate the week from the shaft. The reason that I'm sensitive to that and I know we're dealing with a different situation, but certainly the federal highway administration and the requirements of section for where they're quite tough on effects on Parklands and I have to think that we should be aware of the fact that people that don't like this project are going to be looking for any opportunity. 947 01:37:06,160 --> 01:37:09,800 to raise those kinds of issues. 948 01:37:12,140 --> 01:37:17,300 I think at this point, I would like to go through the slides. 949 01:37:20,470 --> 01:37:27,330 Sorry, I'm having to pull up various things here. 950 01:37:28,790 --> 01:37:30,870 Okay, so if we, 951 01:37:35,860 --> 01:37:41,260 if we go to the emergency water supply slide, 952 01:37:41,260 --> 01:37:49,140 We talk about the chance of an earthquake in the Delta and that's something that I've been 953 01:37:49,140 --> 01:37:58,280 concerned about for a long time. That's why I felt it was appropriate for this agency to be looking 954 01:37:58,280 --> 01:38:05,480 at participation in the Delta Finance project given the significant impacts that we would see 955 01:38:05,480 --> 01:38:17,880 with an earthquake. So one of my questions here is how long would our water supply 956 01:38:17,880 --> 01:38:27,180 in Patreco Dam last and what I've heard is optimistically it would take about two years to recover 957 01:38:27,180 --> 01:38:35,460 from a seismic event in the Delta. So have we done any sort of analysis in terms of if it 958 01:38:35,460 --> 01:38:41,800 was low water in the dam versus sort of the average in the dam. 959 01:38:42,180 --> 01:38:44,420 How long would that water supply last since? 960 01:38:46,600 --> 01:38:50,500 So when we monetize the emergency water supply benefit, 961 01:38:50,540 --> 01:38:52,060 as part of the WCIP documentation, 962 01:38:52,260 --> 01:38:54,140 we didn't look at different scenarios 963 01:38:54,140 --> 01:38:56,360 and what an average of the bike and how long. 964 01:38:56,840 --> 01:38:59,660 And it all really depends on when that emergency 965 01:39:00,260 --> 01:39:02,280 or situation happened right now 966 01:39:02,280 --> 01:39:03,500 much water was in the reservoir. 967 01:39:05,220 --> 01:39:13,800 On average, we think that in most circumstances, we can cover an emergency like that for a 12 to 18 month average. 968 01:39:14,660 --> 01:39:17,740 And that's if the reservoir was that capacity. 969 01:39:18,120 --> 01:39:20,580 Yeah, we're above average. 970 01:39:21,320 --> 01:39:21,340 Okay. 971 01:39:21,840 --> 01:39:30,500 What about if it was one of those significant valleys in terms of, as you're showing up? 972 01:39:30,500 --> 01:39:32,080 extended route, if there was emergency, 973 01:39:32,480 --> 01:39:34,900 there wouldn't be a lot of emergency supply available. 974 01:39:35,120 --> 01:39:37,100 So that would be a pretty unfortunate timing. 975 01:39:38,260 --> 01:39:40,040 So if it was an earthquake, 976 01:39:40,180 --> 01:39:42,280 and it route simultaneously, 977 01:40:00,240 --> 01:40:19,360 Relates to long-term storage of the expanded reservoir. And it kind of fits in with what you are already saying. But I think it's simplistic to say that we can count on the average storage. 978 01:40:19,360 --> 01:40:24,700 I mean, I think maybe we need to do some sort of simulation to be able to see under varying conditions 979 01:40:24,700 --> 01:40:31,800 how much water capacity we would actually have because that helps us figure out what's the real benefit, right? 980 01:40:32,680 --> 01:40:37,120 And that's something I think that we're looking at. 981 01:40:40,260 --> 01:40:44,340 The project enhances water supply. That's fine. 982 01:40:44,340 --> 01:40:57,340 If we look at slide 9, the project will enhance water supply, the next one, the next one, the next one, nine, yes. 983 01:40:58,080 --> 01:40:58,280 Okay, 984 01:41:00,560 --> 01:41:08,180 so it says that it will reduce drought risk to M&I and agricultural water users. 985 01:41:08,180 --> 01:41:22,740 You know, as I represent probably the most urbanized because it's the smallest district of all the districts in the county and and we pay a lot more for water than South County does. 986 01:41:22,900 --> 01:41:34,820 And so what I see here is that there's a benefit to agricultural water users, but who's going to be paying the biggest proportion of this project and and you may not have an answer to that right now. 987 01:41:34,820 --> 01:41:38,260 But I'd like to see something so I could respond to my constituents, 988 01:41:38,560 --> 01:41:40,200 because they're going to be asking me that question. 989 01:41:40,900 --> 01:41:43,560 I think there's a breakdown in the agenda memo. 990 01:41:43,740 --> 01:41:47,020 If not, this one, some of the others that shows each water zone 991 01:41:47,020 --> 01:41:49,740 and what the percentage applied to the project is. 992 01:41:49,820 --> 01:41:54,200 I think we need to be more explicit about that because if we're saying it's 993 01:41:54,200 --> 01:41:59,560 going to enhance water supply and it's providing a greater benefit to one 994 01:41:59,560 --> 01:42:05,740 part of the county than another, and yet they're painless, I think we need not just that 995 01:42:05,740 --> 01:42:11,700 we're listing how the cost gets split, but I think we need to really showcase that. 996 01:42:11,900 --> 01:42:18,660 I think, you know, the benefit really is kind of overall across the whole groundwater management 997 01:42:18,660 --> 01:42:24,760 zone because the main thing it can do is recharge groundwater and then supplement other supply 998 01:42:24,760 --> 01:42:29,480 or a treatment plan. So it kind of spreads across all zones. You know, you're right, 999 01:42:29,580 --> 01:42:35,920 I'm probably not equally, but you know, it's multi-basseted. Well, one of the things that I've seen 1000 01:42:35,920 --> 01:42:42,140 and I've had some, I don't want to say arguments with Mr. Taylor, our budget director, but 1001 01:42:42,140 --> 01:42:51,280 had some discussions is that I feel like North County pays for buffers to the system, that 1002 01:42:51,280 --> 01:42:55,920 that the whole county. And I get that that's something that's difficult to quantify, but I think 1003 01:42:55,920 --> 01:42:59,900 we should at least be making an attempt at that. 1004 01:43:02,220 --> 01:43:10,800 So some of the other issues, I think that the 1005 01:43:10,800 --> 01:43:17,880 San Luis water point, I won't, I won't repeat the comments that the Sierra Club have made, 1006 01:43:17,880 --> 01:43:19,640 but I think they bring up good points 1007 01:43:19,640 --> 01:43:23,940 and I would like to see staff identify those answers, 1008 01:43:24,460 --> 01:43:27,960 same thing with 15. 1009 01:43:33,700 --> 01:43:36,260 So, the steel head, 1010 01:43:38,280 --> 01:43:42,460 that's something where, again, we hear from the Sierra Club 1011 01:43:42,460 --> 01:43:47,960 that they think that we are overstating that benefit 1012 01:43:47,960 --> 01:43:55,140 and who's verified that 147% increases in cohorts for. 1013 01:43:55,660 --> 01:44:17,060 So again, you may not have a specific answer to it, but I right now, but I think that we need to flesh that out a little bit more and reducing flooding and downstream communities would bring up the issue of that there's been so many floods in prior years. 1014 01:44:18,520 --> 01:44:32,460 You know, the old Anderson dam that we just removed, that provided incidental flood benefits, and we still have flooding, so I think I would like to see quantified. 1015 01:44:33,380 --> 01:44:46,400 If we look at the past and if we look at what would that flooding look like if this dam was in place, I think we're going to claim there's some sort of benefit we should be able to quantify it and that should not be. 1016 01:45:01,240 --> 01:45:06,320 And then lastly, getting back 1017 01:45:08,530 --> 01:45:19,390 to looking at things in a more global way, you know, I'm not sure I'm ready to accept this report, because I feel like there are a lot of unanswered questions. 1018 01:45:20,030 --> 01:45:29,090 And I think in particular, this is sort of painting a glowing picture of the project, which, you know, that's okay. 1019 01:45:29,090 --> 01:45:32,670 We all want to advocate for projects that we think are important. 1020 01:45:33,370 --> 01:45:37,970 I think at the same time, we need to identify what are some of the challenges. 1021 01:45:39,810 --> 01:45:46,610 And I woulder some of the areas where we could run into issues, 1022 01:45:47,070 --> 01:45:53,090 like the potential on this project for litigation when we have people that 1023 01:45:53,630 --> 01:45:56,670 have stated opposition to the project, 1024 01:45:56,670 --> 01:46:01,670 And also have the financial wherewithal to take us to court. 1025 01:46:03,110 --> 01:46:06,750 And then there's just challenges in terms of the regulatory environment. 1026 01:46:07,390 --> 01:46:11,950 There's challenges in terms of the fact that we may be, 1027 01:46:11,950 --> 01:46:17,170 we will be impacting Parklands and what kind of response will we get to that. 1028 01:46:17,630 --> 01:46:23,630 So I just always like to anticipate the worst and then make sure that we have a response 1029 01:46:23,630 --> 01:46:27,630 that would would be able to to deal with that. 1030 01:46:28,250 --> 01:46:34,970 So those so I feel like I need answers to the questions that I've raised, 1031 01:46:35,430 --> 01:46:39,410 that the Sierra Club is raised, that the other commenters have raised. 1032 01:46:39,930 --> 01:46:43,950 Before I'm willing to say, you know, put a stamp on this. 1033 01:46:44,650 --> 01:46:48,830 So I do not think that I want to accept the report at this time. 1034 01:46:49,610 --> 01:46:57,950 If it comes back with some specific answers to the issues that I brought up and others have that could be a different consideration. 1035 01:46:58,570 --> 01:46:59,350 So thank you very much. 1036 01:46:59,490 --> 01:47:01,270 I appreciate it. 1037 01:47:01,350 --> 01:47:01,510 Okay. 1038 01:47:01,770 --> 01:47:02,130 Thank you. 1039 01:47:02,290 --> 01:47:03,930 If you're actually keen for your question. 1040 01:47:04,510 --> 01:47:12,510 One thing I want to clarify is that I don't think the intent of the item is for the board to accept this report. 1041 01:47:12,510 --> 01:47:41,130 Again, we have planned out a member of 607 specific issues related to this complicated project to support the board in reaching a decision or actually helping the board in its decision making process. 1042 01:47:41,130 --> 01:47:47,710 So, it's not like this is the thing, actually, the question that you just asked, that's in their perfect. 1043 01:47:48,530 --> 01:47:51,330 It's the intent of this, the decision. 1044 01:47:51,870 --> 01:47:58,610 So, that staff can take our question and also the public's questions and engagement. 1045 01:47:59,870 --> 01:48:01,710 So, that's how they can come back. 1046 01:48:02,310 --> 01:48:05,730 So, I see this as a, I can force her process. 1047 01:48:06,550 --> 01:48:10,570 Again, it's to help the board so that we don't see one report and say, 1048 01:48:10,570 --> 01:48:12,930 Okay, let's do this or that's not do that. 1049 01:48:13,210 --> 01:48:15,490 So thank you for your comment. 1050 01:48:19,430 --> 01:48:22,710 I have a director, I think Burke, I'll next, 1051 01:48:22,970 --> 01:48:24,330 but since you already asked your question, 1052 01:48:24,450 --> 01:48:26,110 I think I'll ask my question first, 1053 01:48:26,410 --> 01:48:27,610 and then I'll call on you. 1054 01:48:28,950 --> 01:48:33,350 My question is related to the environmental benefit 1055 01:48:35,150 --> 01:48:40,450 that so this requirement from the 1056 01:48:40,570 --> 01:48:50,790 taking a grand money from a prop one to release water to refuge 1057 01:48:51,770 --> 01:49:01,370 in your dryer year up to 2000 acre feet. So that's the water that's our water 1058 01:49:02,230 --> 01:49:09,430 on the contract water for CBP water. It's that water before it reaches several 1059 01:49:09,430 --> 01:49:17,190 rest of all, it will be released to the. So to so basically we're losing 2,000 acre feet on 1060 01:49:17,190 --> 01:49:24,610 that specific year we're losing 2,000 acre feet. Is that am I reading this correctly? Yes, 1061 01:49:24,630 --> 01:49:31,790 that's correct. Yeah, so it's already a dryer year but then because of the dryer we're losing another 1062 01:49:31,790 --> 01:49:38,110 2,000 acre feet. Yeah, the concept is that we would have 2,000 acre feet stored from previous 1063 01:49:38,110 --> 01:49:42,650 what year that we would otherwise just bring in as if it was our normal contract delivery 1064 01:49:42,650 --> 01:49:47,550 through our normal import water. Supplies that makes sense. So we kind of trade what we had in 1065 01:49:47,550 --> 01:49:53,810 the check-up for what we give. So yeah, I understand how to do this. The concept is that 1066 01:49:55,510 --> 01:49:59,970 So the Pachinko Reservoir was served as this... 1067 01:50:00,000 --> 01:50:28,820 Or contract water, or our CVP water, to the refuge. Is that good, we're looking at, yeah, I just, I just need to understand these, how dynamics, because it, there's, there's numbers every, every word and I understand that each number represents a, in your agenda memo and Sierra Club raised a question, but each number has a specific scenario attached to as I just want to understand that. 1068 01:50:28,820 --> 01:50:36,000 So, and then it's related to that question, and then in that year, which is the dry year in theory, it should be a dry year. 1069 01:50:36,700 --> 01:50:48,100 And as our understanding at this point, it's still required that we release water to particular creek for the fishery. 1070 01:50:48,100 --> 01:51:11,600 Yeah, okay. So, and so those needs of environmental water is actually more, more needed, in the dry year compared to in the, uh, not, not, not, not trying to hear that is like, is that a way to look at it. Yeah. So, okay. 1071 01:51:12,680 --> 01:51:15,620 Okay, I think that's that's my question. 1072 01:51:17,100 --> 01:51:28,000 I want to say just now that I want to single out, single out, meaning I could weigh that 1073 01:51:28,000 --> 01:51:37,040 Sierra Club's common letter. I appreciate reading the letter that I think you actually 1074 01:51:37,040 --> 01:51:45,380 putting a lot of effort and hours in putting together this common letter because it's very specific 1075 01:51:45,380 --> 01:51:55,500 you as the question, and then we, it's our job to provide the answer or explanation. So I really 1076 01:51:55,500 --> 01:52:03,260 appreciate Sierra Club putting effort to do that. It's not the very high level general advice 1077 01:52:03,260 --> 01:52:08,940 comment that you should be doing recycled water. So I'm doing this back in a comment. So thank you 1078 01:52:08,940 --> 01:52:18,140 much, and I do want to make a request to staff. I think Sierra Clubs was there for a page 1079 01:52:18,140 --> 01:52:26,080 of comment. They deserve a person out in face to face meeting with our staff to discuss 1080 01:52:26,080 --> 01:52:34,180 some of the, the sometimes that I write two sentences in there. It's still not as good as 1081 01:52:34,180 --> 01:52:39,060 and I see somebody in person in a half or two-way dialogue. 1082 01:52:39,720 --> 01:52:42,300 So I'm not trying to add workload to all of you, 1083 01:52:42,440 --> 01:52:45,920 but I think it will be helpful in this overall process. 1084 01:52:46,180 --> 01:52:47,620 That's what we're trying to do. 1085 01:52:48,320 --> 01:52:49,600 We're not making any decision, 1086 01:52:49,960 --> 01:52:52,640 but then hopefully these steps will help us 1087 01:52:52,640 --> 01:52:54,000 all make decisions together. 1088 01:52:54,900 --> 01:52:55,800 So would that be a request? 1089 01:52:57,040 --> 01:52:59,940 Okay, now we have director Santos. 1090 01:53:03,400 --> 01:53:07,420 Thank you. Madam Chair, Ryan, Young Lady, excellent presentation. 1091 01:53:10,100 --> 01:53:11,540 I understand the updates 1092 01:53:11,540 --> 01:53:17,240 of so on. Let's go and do want to make a comment when Director Kagan asked on many of those 1093 01:53:17,240 --> 01:53:22,320 questions. I think they are important because it helps me to be more educated and what I'm 1094 01:53:22,320 --> 01:53:27,040 looking at and so on. So I appreciate those comments. And it helps us down the road, whatever 1095 01:53:27,040 --> 01:53:31,880 challenges we have, the more information we get, the better we can overcome, whatever those 1096 01:53:31,880 --> 01:53:36,100 challenge as are. The other issue I have in just a small one, but I think it's it's a major 1097 01:53:36,100 --> 01:53:44,700 contributor right on on Highway 152. That along with the so-called recreation is I remember 1098 01:53:44,700 --> 01:53:49,160 the director of relis, not here today, but I remember the meeting he had with Senator 1099 01:53:49,160 --> 01:53:54,280 Caballero and before that assembly woman. And she talks about the enhancements of recreation 1100 01:53:54,280 --> 01:53:59,860 with this project. So I want to make sure that we touch upon that. Maybe John could bring 1101 01:53:59,860 --> 01:54:04,820 some more information on my just conversations, because that was a plus with speculation. 1102 01:54:05,540 --> 01:54:10,700 The other issue of 152, if that's led to you talking about all kinds of transportation 1103 01:54:10,700 --> 01:54:15,640 issues, the economy, not just to give away both science, the travel, whatever, so I think 1104 01:54:15,640 --> 01:54:18,640 there's more to do in that area of the benefits I believe. 1105 01:54:19,100 --> 01:54:24,000 The other issue is, I was always questioning, why was it built in 1939, and must have been 1106 01:54:24,000 --> 01:54:25,940 for many of the reasons that we're looking at now? 1107 01:54:25,940 --> 01:54:28,260 And I don't know if we ever done the research. 1108 01:54:29,300 --> 01:54:31,940 I understand the depression, but all that water was coming down. 1109 01:54:32,060 --> 01:54:33,460 I must have been flooding that area. 1110 01:54:34,560 --> 01:54:38,180 When FDR said, let's enhance this storage. 1111 01:54:38,860 --> 01:54:40,980 So there's got to be some more history there, 1112 01:54:41,060 --> 01:54:42,260 why it was built in the first place. 1113 01:54:42,640 --> 01:54:45,860 I realize it's below that whole area at the time. 1114 01:54:46,200 --> 01:54:48,940 So there's probably other things we can take a look at. 1115 01:54:50,180 --> 01:54:50,640 Okay. 1116 01:54:53,120 --> 01:54:55,300 Director Esmerdo, do you have a question for staff? 1117 01:54:57,030 --> 01:54:59,970 I don't want to just want to encourage step to it. 1118 01:55:00,000 --> 01:55:29,980 Responding as you mentioned, I think it's important for us to also look at the opportunities that we're going to miss. If we don't build this facility. For instance, when we talked about the question of a huge earthquake in the Delta, you know, what would happen if we have it, what would happen if we didn't have it. I think we've got to look at those things. I always say it's not good enough to look at. 1119 01:55:30,000 --> 01:55:36,880 what happens if we do something, what we need to look at is also what happens if we don't do something. 1120 01:55:37,440 --> 01:55:39,940 I think it's important to look at both sides of the equation. 1121 01:55:41,340 --> 01:55:44,100 Thank you. Director Bell, do you have question for Steph? 1122 01:55:49,340 --> 01:55:50,420 I have one. 1123 01:55:52,460 --> 01:55:58,760 Can you tell me the names of the organizations or entities that have expressed interest in 1124 01:55:58,760 --> 01:56:02,080 participating in the financing of this facility? 1125 01:56:04,320 --> 01:56:15,520 So, PPWD and San Bernardino County Water District, we have an MOU with San Bernardo, and we have an agreement with PPWD as well. 1126 01:56:15,700 --> 01:56:29,480 We have talked to several other agencies and have had a lot of meetings, especially within the last six months, kind of progressing those partnerships, but they have not yet submitted. 1127 01:56:29,480 --> 01:56:32,240 And who are those people? 1128 01:56:32,740 --> 01:56:35,140 Well, because they haven't yet submitted an MLU, 1129 01:56:35,240 --> 01:56:36,560 we don't have any agreements with them. 1130 01:56:37,560 --> 01:56:40,300 I'm not going to, we're not going to need them at this point. 1131 01:56:40,560 --> 01:56:45,160 But we have had a lot of additional conversations 1132 01:56:45,160 --> 01:56:48,760 and including some follow-up ones 1133 01:56:48,760 --> 01:56:49,960 with some of these agencies. 1134 01:56:50,180 --> 01:56:54,000 So you don't want to give us a list of those? 1135 01:56:54,520 --> 01:56:58,620 And director, about that topic is one of the topics 1136 01:56:58,620 --> 01:57:06,820 that the board approved to come back and following a future discussions on Pacheco. 1137 01:57:07,400 --> 01:57:14,460 So I'm sure at that time that if staff has information, they can share with us, they will. 1138 01:57:14,840 --> 01:57:20,080 But there's also an opportunity for us to talk about is it realistic for where we're assumed 1139 01:57:20,080 --> 01:57:28,260 35% is it's not realistic? If it's not realistic, how do we do that? That was in the plan. 1140 01:57:28,260 --> 01:57:30,880 and how for the board to actually go into detail 1141 01:57:30,880 --> 01:57:33,220 of that insight, correct that. 1142 01:57:33,640 --> 01:57:37,800 And then it's in the next few months, 1143 01:57:38,340 --> 01:57:39,140 a welcome back. 1144 01:57:39,420 --> 01:57:43,080 Yeah, I'm asking for the communications 1145 01:57:43,080 --> 01:57:46,620 that have transpired between the staff, 1146 01:57:46,760 --> 01:57:49,700 board members, other people, expressing interest 1147 01:57:50,480 --> 01:57:53,320 in this particular project and participating 1148 01:57:53,320 --> 01:57:54,960 in the financing of it. 1149 01:57:56,240 --> 01:57:56,560 Yeah. 1150 01:57:56,560 --> 01:58:04,940 Yeah, I have not got an answer, yeah, after asking, I asked this previously so I asked 1151 01:58:04,940 --> 01:58:05,480 it again. 1152 01:58:06,180 --> 01:58:08,860 So you're not giving me the answer, thank you. 1153 01:58:09,440 --> 01:58:18,520 And keep asking this the same question, and that's what has, when Stavis already did, it's 1154 01:58:18,520 --> 01:58:19,740 on the list to come back. 1155 01:58:20,340 --> 01:58:28,180 So I, I just second, I have director giga director, I some book on the loose and director giga 1156 01:58:28,180 --> 01:58:33,340 giga giga in a wait after director, I said book because, very quick follow up, okay. 1157 01:58:34,960 --> 01:58:35,740 So my question. 1158 01:58:39,760 --> 01:58:47,680 Your, how much money has actually been not just MOUs or not just maybe will deal with you 1159 01:58:47,680 --> 01:58:55,640 Has anyone come up with any money is anyone offering to help us out with this almost $2 million a month that we're expanding. 1160 01:58:59,710 --> 01:59:04,110 Just the just the water commission C to be see with the really funding agreement from the recipient. 1161 01:59:05,390 --> 01:59:06,470 Thank you. 1162 01:59:06,950 --> 01:59:07,510 Okay. 1163 01:59:08,810 --> 01:59:09,130 Okay. 1164 01:59:11,460 --> 01:59:12,020 Okay. 1165 01:59:12,280 --> 01:59:14,480 Director Eisenberg and then Director Santos. 1166 01:59:14,600 --> 01:59:15,400 What's taking turn? 1167 01:59:15,600 --> 01:59:15,780 Okay. 1168 01:59:17,300 --> 01:59:18,400 Is it my turn? 1169 01:59:18,980 --> 01:59:19,500 Great. 1170 01:59:19,660 --> 01:59:20,280 Thank you. 1171 01:59:20,860 --> 01:59:21,320 So. 1172 01:59:24,140 --> 01:59:40,720 So what is the deadline for when we're finally going to stop, you know, stop, keep trying to get financial partners, because this has been an open ended thing for how many years seven. 1173 01:59:40,720 --> 01:59:52,260 And we still at per your admission don't have any signed commitments to share, to actually provide material financial contributions. 1174 01:59:52,660 --> 01:59:56,160 What's the deadline after which we are no longer going to keep trying? 1175 01:59:57,060 --> 01:59:59,840 I don't know that we have a specific deadline on the trying. 1176 02:00:00,000 --> 02:00:07,320 We do have a timeline for the various steps in the partnership process. We can go through that in more 1177 02:00:07,320 --> 02:00:13,160 depth and we do the partnership presentation. But there's several steps in that process. And we anticipate 1178 02:00:13,160 --> 02:00:25,340 having the process completed in 27 when we go to advertise and award the project. So I think anyone would agree 1179 02:00:25,340 --> 02:00:33,920 with the fact that people are less likely to financially contribute when the price is $1.5 billion, 1180 02:00:34,140 --> 02:00:42,300 which is the price right now. That is the, so backing up as the CFO has multiple times 1181 02:00:42,300 --> 02:00:51,140 clicks, you know, explained that $2.78 billion figure is net as the board voted and decided to 1182 02:00:51,140 --> 02:00:57,680 is net of the 35 percent. Yes, that is what has been represented at time and time again. 1183 02:00:58,260 --> 02:01:06,000 Didn't the CFO show a chart? So can you maybe explain what that chart was? You showed a number that 1184 02:01:06,000 --> 02:01:13,780 was 2.78 and then you provided a number without financial contribution and what was that number? 1185 02:01:14,540 --> 02:01:20,840 Sure, thank you for the question. The total project cost without financing is 2.78 billion. 1186 02:01:20,840 --> 02:01:31,160 without, without, without partnerships. Now, without financing, which is loans, but without the 35% 1187 02:01:31,780 --> 02:01:36,180 partnership. That's the total project cost without financing, 2.78 billion. 1188 02:01:36,320 --> 02:01:42,080 Okay. No partnership consideration at all, total project costs 2.78 billion. So, when you 1189 02:01:42,080 --> 02:01:48,620 had that chart showing 2.78 billion, and then 4.5 billion, what did you mean by that? 1190 02:01:48,620 --> 02:01:54,620 But the chart, I think that you're referring to that I showed back in March of 2023 showed 1191 02:01:54,620 --> 02:02:00,240 a total project cost of 2.78 billion when you add financing costs onto that. 1192 02:02:00,440 --> 02:02:10,000 You would have a total cost net of 1 grant of 5.5 billion if we were to achieve a 35% partnership. 1193 02:02:10,580 --> 02:02:13,200 That net cost would be 3.3 billion. 1194 02:02:13,200 --> 02:02:18,960 3.3 billion with partners, 5.5 billion without partners, including financing. 1195 02:02:21,400 --> 02:02:23,880 So you're saying that financing charges how big? 1196 02:02:25,720 --> 02:02:29,080 The financing cost is 3.2 billion. 1197 02:02:31,560 --> 02:02:35,480 And that is based on how big of a loan? 1198 02:02:38,540 --> 02:02:43,780 That's based on total debt proceeds of about $1.6 billion. 1199 02:02:43,780 --> 02:02:50,880 So you're saying that $1.6 billion would result in a finance charge of how much? 1200 02:02:51,660 --> 02:02:52,600 3.2 billion. 1201 02:02:53,180 --> 02:02:58,460 So you're saying that finance charges will be twice the cost of borrowed capital. 1202 02:02:59,840 --> 02:03:04,780 So in the last year, I believe it was October 31st. 1203 02:03:04,780 --> 02:03:24,620 I remember correctly, the CO signed a loan that the release I was never notified about in the board didn't approve it was based on a earlier general resolution that CO signed a loan agreement to about approximately 93 million dollars. 1204 02:03:25,340 --> 02:03:31,900 And according to your statements, the repayment obligation was approximately 290 million, is that correct? 1205 02:03:32,440 --> 02:03:36,760 Yeah, you're talking about the planning and design loan for WIFIA, which is the board of 1206 02:03:36,760 --> 02:03:36,880 permission. 1207 02:03:36,880 --> 02:03:38,940 I'm going to take that. 1208 02:03:38,940 --> 02:03:44,520 In a six to one vote on December 13th, you voted, no, rest of the board members voted 1209 02:03:44,520 --> 02:03:45,260 yes. 1210 02:03:45,700 --> 02:03:47,860 And it's a 92 million dollar loan. 1211 02:03:47,920 --> 02:03:51,680 Currently projected at a $285 million payback, including principle. 1212 02:03:52,640 --> 02:03:52,840 Okay. 1213 02:03:53,420 --> 02:03:57,540 So, again, I don't recall voting on that particular loan. 1214 02:03:57,540 --> 02:04:00,220 I'm getting no no. 1215 02:04:01,680 --> 02:04:13,060 Are you talking about what's in the agenda? 1216 02:04:13,240 --> 02:04:16,760 There is no, your question. 1217 02:04:17,140 --> 02:04:18,440 We don't have that information. 1218 02:04:19,020 --> 02:04:20,200 We're just hearing these numbers. 1219 02:05:00,000 --> 02:05:10,900 And then, as I said earlier, that that's a major topic that's going to come back to the sport for more detailed discussion, when staff has the information. 1220 02:05:11,460 --> 02:05:20,020 We can, at the time, we can tell our staff that your assumption is not feasible, your 35% is not because it's not going to come in. 1221 02:05:20,100 --> 02:05:21,520 I mean, don't think of anything else here. 1222 02:05:21,520 --> 02:05:23,980 I don't have the right to tell me this is a domain. 1223 02:05:24,640 --> 02:05:26,340 My constituents are here about the cost. 1224 02:05:26,720 --> 02:05:29,840 And then I share your constituents' concern. 1225 02:05:29,980 --> 02:05:31,780 My constituents have the same concern. 1226 02:05:31,980 --> 02:05:33,160 I go to the City Council meetings. 1227 02:05:33,720 --> 02:05:35,300 Everybody's asking me the same question. 1228 02:05:35,460 --> 02:05:36,240 Is it too expensive? 1229 02:05:36,880 --> 02:05:42,980 However, we need to have the pretty information in our agenda 1230 02:05:42,980 --> 02:05:45,440 member, and so that we can all discuss 1231 02:05:45,440 --> 02:05:46,960 based on the same information. 1232 02:05:46,960 --> 02:05:47,600 That is. 1233 02:05:47,600 --> 02:05:51,220 So with that, with that, I'm going to try and 1234 02:05:56,560 --> 02:05:59,880 I'm not successful. I'm not successful. You. 1235 02:06:00,020 --> 02:06:00,820 I'm not successful. You. But I'm. 1236 02:06:01,100 --> 02:06:04,440 I'm trying to give that way. 1237 02:06:04,860 --> 02:06:10,940 I finish and I will show you how it's on topic interrupting me and claiming what I'm saying is not on topic. 1238 02:06:11,380 --> 02:06:13,980 Does not enable me to demonstrate you how it's on topic. 1239 02:06:14,320 --> 02:06:16,720 I resent that you don't do that to anybody else. 1240 02:06:16,920 --> 02:06:18,680 It is unfair. It's unprofessional and a violation. 1241 02:06:18,680 --> 02:06:21,380 There's no budget here to what you just did. 1242 02:06:21,780 --> 02:06:23,000 I'm not even answering questions. 1243 02:06:24,060 --> 02:06:29,180 I'm trying to keep this moving forward without my 1244 02:06:29,180 --> 02:06:29,500 contribution. 1245 02:06:29,920 --> 02:06:30,340 I understand. 1246 02:06:31,080 --> 02:06:34,120 So the point I am making, can you have one minute? 1247 02:06:34,520 --> 02:06:36,040 No, no one else had a time limit. 1248 02:06:36,220 --> 02:06:37,240 I don't, I reject. 1249 02:06:37,260 --> 02:06:39,500 But then you're not talking about what you're not. 1250 02:06:39,860 --> 02:06:41,580 And that we get to what's on the agenda. 1251 02:06:41,600 --> 02:06:42,340 Let's take five. 1252 02:06:42,360 --> 02:06:43,000 This is ridiculous. 1253 02:06:43,700 --> 02:06:43,960 No. 1254 02:06:44,780 --> 02:06:45,280 Okay. 1255 02:06:46,080 --> 02:06:46,180 Yeah. 1256 02:06:48,040 --> 02:07:16,160 I don't understand why I'm not allowed to do that. I'm going to, I'm going to, I'm going to, I'm going to, I'm going to, I'm going to get to my other questions that the public, I'm going to, I'm going to take a vote to take a vote that we limit the discussion to what's on the topic. I think I need to, you are not allowed to explain how this is on the topic and I will explain how it's on the topic. 1257 02:07:20,030 --> 02:07:24,110 But you are assuming that it's not on the top of without letting me make my- 1258 02:07:24,110 --> 02:07:26,690 I haven't heard anything that's not on the top of the top of the top of the top. 1259 02:07:26,710 --> 02:07:29,170 I understand that you don't understand how this is on the topic. 1260 02:07:29,710 --> 02:07:31,990 That has been heard. That doesn't mean it's not on the topic. 1261 02:07:33,090 --> 02:07:36,070 So, I get it. But how much time do you need? 1262 02:07:36,930 --> 02:07:37,890 Five minutes. 1263 02:07:38,130 --> 02:07:38,910 No, that's too long. 1264 02:07:40,150 --> 02:07:41,150 I have other questions. 1265 02:07:42,390 --> 02:07:42,970 Okay, fine. 1266 02:07:43,570 --> 02:07:45,930 I think the public has heard that. 1267 02:07:45,930 --> 02:07:50,290 Okay. So, I believe that, well, 1268 02:07:50,370 --> 02:07:54,950 let me change course because I think the public heard how right now, 1269 02:07:55,050 --> 02:07:58,530 finance classes are running three to one, not two to one, 1270 02:07:58,710 --> 02:08:02,270 but getting back to these benefits that are claimed. 1271 02:08:03,190 --> 02:08:06,470 Have you, have you attached cost figures to any of these benefits? 1272 02:08:10,280 --> 02:08:12,480 For the purpose of this presentation, we have not. 1273 02:08:12,500 --> 02:08:18,600 We have analyzed these benefits in their costs and what their monetized values are. 1274 02:08:18,600 --> 02:08:21,680 in other documentation, which we will present later. 1275 02:08:22,000 --> 02:08:24,700 Oh, so I'd like to make a board director request for later. 1276 02:08:25,320 --> 02:08:28,040 The first request I want to make is, 1277 02:08:28,320 --> 02:08:31,860 I recognize that staff did not have an accurate, 1278 02:08:32,120 --> 02:08:34,220 you know, didn't have available to them and accurate. 1279 02:08:34,220 --> 02:08:37,960 It's bigger about how much money this district has been spending on Pacheco. 1280 02:08:38,880 --> 02:08:45,620 I would like an accounting of exactly how much money this district has been spending on Pacheco. 1281 02:08:45,620 --> 02:08:49,520 I asked for it in legible, easy to understand form. 1282 02:08:50,440 --> 02:08:55,620 I asked for it with reference to what the source of the funds is 1283 02:08:56,660 --> 02:09:00,640 and what the money is being spent on. 1284 02:09:00,900 --> 02:09:04,000 And by that, you can be provided on a monthly basis. 1285 02:09:04,500 --> 02:09:09,040 Since I think the public is not aware of what is currently spent 1286 02:09:09,040 --> 02:09:23,500 And given that we did, was a $93 million loan with a $290 million payback application, this is serious money we're talking about, serious money. And that is going to be, and you can provide that later. 1287 02:09:24,960 --> 02:09:28,300 And, and that was in direct response to something you said. 1288 02:09:29,180 --> 02:09:35,280 I also quickly want to follow up on, you know, 1289 02:09:35,400 --> 02:09:40,020 it's my earlier comment that so much of this is based on the assumption 1290 02:09:40,020 --> 02:09:43,080 that we're going to have 35% funding partners, 1291 02:09:43,880 --> 02:09:48,540 but we have had no success in obtaining any funding partners. 1292 02:09:50,420 --> 02:09:53,400 And for seven years, as the price tag has gone up, 1293 02:09:53,600 --> 02:09:56,700 so I request that I request this at every meeting 1294 02:09:56,700 --> 02:09:59,180 that there be a deadline set. 1295 02:10:00,000 --> 02:10:05,640 I propose that that date is June 30th of this year, because this has been going on for too long. 1296 02:10:06,280 --> 02:10:13,360 If it's going to be a different date, I'm happy to consider a different date, but this open undetended golden spigot spending. 1297 02:10:13,880 --> 02:10:27,180 On a project that is unlikely to ever happen because we're not going to get the 35% and we are not able to do it without the 35% under our own resolution. 1298 02:10:27,180 --> 02:10:34,880 and that happened before I joined, it is irresponsible to continue to spending money on this, especially 1299 02:10:34,880 --> 02:10:41,500 when money costs were trying to get before 3 to 1 at a 5% interest rate. And interest rates are now 1300 02:10:41,500 --> 02:10:48,200 7%, which translates more to like a 4 to 1 or 5 to 1 ratio, meaning every million dollars we spend 1301 02:10:48,200 --> 02:11:02,960 now. Yes. Yes. Okay. This is, I, you know, okay, I want to point out, yes, summary, I want to point out that my colleague think that the cost of this is irrelevant, this cost is around. 1302 02:11:03,240 --> 02:11:12,580 I think right, I need to turn off the, I need to turn off the speak to the speaker. Yeah, and you made, you made your request staff got your request. 1303 02:11:12,580 --> 02:11:27,760 When staff comes back, please include those requests as part of the agenda memorandum so that all of us can discuss this and I'm sure you've already considered any of these things, but it's not part of today's agenda. 1304 02:11:27,760 --> 02:11:42,640 So with that, I don't see any, any, but any other board members. Yeah, we still have public comment. Okay. And Mr. David Duper wrote, I 1305 02:11:42,640 --> 02:11:50,460 sorry if I missed pronounce your last name, you said 8.1 and 8.2. Do you want to make two separate 1306 02:11:50,460 --> 02:11:52,340 public comment or just one? 1307 02:11:58,110 --> 02:12:02,030 Thank you. Thank you, Chair David Duper wrote. I would like to make a comment 1308 02:12:02,030 --> 02:12:05,090 I point one and I'll reserve one at a point. 1309 02:12:05,310 --> 02:12:06,770 Yeah, I'll go ahead and go ahead and go ahead and go ahead. 1310 02:12:07,530 --> 02:12:08,370 Yeah, thank you. 1311 02:12:08,390 --> 02:12:09,010 Thank you. 1312 02:12:09,930 --> 02:12:10,390 Thank you. 1313 02:12:10,570 --> 02:12:11,490 Yes, I'm David DuPoreal. 1314 02:12:11,650 --> 02:12:16,330 I've been a homeowner and a right pair of voter, a citizen taxpayer. 1315 02:12:17,290 --> 02:12:20,250 I am a customer of Valley Waters since 1987. 1316 02:12:21,470 --> 02:12:25,210 I hope to actually continue in each of those roles for a few more years anyway. 1317 02:12:26,670 --> 02:12:34,810 And I want to thank the staff and the board for paying attention to this important issue, 1318 02:12:35,010 --> 02:12:39,270 but also for all the other good things, the projects that have been done over the years, 1319 02:12:39,410 --> 02:12:41,230 because we have good quality water and scouting. 1320 02:12:42,250 --> 02:12:45,910 I think we've done a good job in investing in infrastructure in smart ways. 1321 02:12:48,590 --> 02:12:55,190 But so far, based on what I've seen and read, I don't think this project qualifies as a good 1322 02:12:55,190 --> 02:13:02,150 investment in our infrastructure. I mean, director, S. Remy, you've said, think about what 1323 02:13:02,150 --> 02:13:08,170 happens if we don't invest in it. You're right. There's costs and there's disadvantages 1324 02:13:08,170 --> 02:13:15,910 not to build this project, absolutely. But what about what about the what we could do with that 1325 02:13:15,910 --> 02:13:21,210 five and a half billion dollars if we didn't invest in this project? We could accomplish many of 1326 02:13:21,210 --> 02:13:28,530 goals and benefits of this project much more efficiently, much more cost effectively than on this 1327 02:13:28,530 --> 02:13:35,010 one project. And I would like, I think that to the points that have been made by some of the 1328 02:13:35,010 --> 02:13:41,430 the directors, let's think about that. What's the opportunity cost of that five and a half billion 1329 02:13:41,430 --> 02:13:47,250 dollars? We could do so much on other projects that would accomplish these different things that this 1330 02:13:47,250 --> 02:13:56,830 One giant out-of-control project are meant or at least predicted to accomplish. 1331 02:14:04,000 --> 02:14:09,180 So, personally, I worked on a lot of big projects in my career. 1332 02:14:11,660 --> 02:14:13,560 I get invested in some of my projects. 1333 02:14:13,940 --> 02:14:15,440 You know, you work on something for months and years. 1334 02:14:15,580 --> 02:14:20,880 You put your heart into it and you want to see it through and you want to see it work. 1335 02:14:20,880 --> 02:14:26,040 you want to see it be successful. You want to persuade everyone that it's right and you want to get it done and you want to 1336 02:14:26,040 --> 02:14:33,900 deliver the benefits that is supposed to deliver it. But also in my career I've had to stop. I've been 1337 02:14:33,900 --> 02:14:40,460 I've had clients to say stop, we're done, you know, and I've been taken off projects that I was in 1338 02:15:00,000 --> 02:15:09,920 Invested so much in it. I get it. The board members and staff have put a lot of hard blood sweat and tears and money and their heart and soul into this project. 1339 02:15:10,920 --> 02:15:27,880 But at some point, we need to step back and say, is this really the best use of five and a half billion dollars? Is this really what we want our staff spending all their time on? Is this really what we want the public to view our agency? All about it's negative. It's not positive. 1340 02:15:29,620 --> 02:15:31,660 Let's focus on something that's positive. 1341 02:15:32,600 --> 02:15:33,760 Thank you for your comment. 1342 02:15:34,120 --> 02:15:37,620 Actually, that's exactly why we're doing what we're doing today 1343 02:15:37,620 --> 02:15:39,320 and then in the near future. 1344 02:15:39,940 --> 02:15:45,200 So I hope you continue to engage with us on this future topic. 1345 02:15:46,280 --> 02:15:52,820 I'm going to call on, I think I have a sequence kind of a sequence 1346 02:15:52,820 --> 02:16:07,100 you might hit on the zoom miss voting first and then miss Irvin and then come back to 1347 02:16:07,100 --> 02:16:12,820 Mr. Mark Wise and then go that's always those three first. Miss voting first. 1348 02:16:14,020 --> 02:16:19,400 Hi, the board of Goldine again from Palo Alto. Oh, am I yeah, here we go. 1349 02:16:20,260 --> 02:16:48,180 I read this here at Club Report also and what is I find a little unsettling about this presentation is that the water district has been allowed to take what I don't know 20 minutes of time to give a very thorough detail presentation and the counter to this which is just as thorough and just as detailed and brings up a lot of very serious, very important issues is not been given. 1350 02:16:48,180 --> 02:16:49,680 I haven't been given any time. 1351 02:16:50,300 --> 02:16:52,820 So if you want confidence from the public, 1352 02:16:52,820 --> 02:16:55,380 I think you need to let the CR club come in also 1353 02:16:55,380 --> 02:17:00,740 and say their piece, it sure seems to me like the dam 1354 02:17:01,580 --> 02:17:06,180 is, you know, we have a state attitude towards water 1355 02:17:06,180 --> 02:17:08,640 and water management seems to be, you know, 1356 02:17:08,680 --> 02:17:10,880 we have a hammer, so every problem looks like a nail. 1357 02:17:11,860 --> 02:17:13,620 And, you know, dam building is their solution. 1358 02:17:13,620 --> 02:17:19,580 And it's not the solution, it's just going to cause more problems. 1359 02:17:20,100 --> 02:17:28,980 I, as far as this proposal goes, I think it's very one sided and I would, I don't 1360 02:17:28,980 --> 02:17:32,640 think it's valid for that point because the other side has not been considered. 1361 02:17:33,000 --> 02:17:33,980 Thank you. 1362 02:17:34,820 --> 02:17:35,920 Thank you for your comment. 1363 02:17:35,940 --> 02:17:43,540 I hope you heard my earlier comment about the R.A. clubs and how led or to us that it's 1364 02:17:43,540 --> 02:17:51,400 really seriously appreciate their effort in writing as the letter and staff is going to have a 1365 02:17:51,400 --> 02:17:59,100 sit-on meeting with them to have detailed discussion. So, next one is Ms. Urban. 1366 02:18:06,720 --> 02:18:10,980 Good afternoon, Chair Shua. Members of the board, can you hear me? Yes. 1367 02:18:12,280 --> 02:18:15,340 This is Katia Urban with the Sierra Club Lama Prieta chapter. 1368 02:18:16,320 --> 02:18:21,400 Thank you, Chair Shoe, for asking staff to reach out to the Sierra Club for a meeting. 1369 02:18:22,900 --> 02:18:30,480 We also want to ask the Board to request a written response to our comments with additional information about 1370 02:18:30,480 --> 02:18:32,580 take a reservoir benefits and operations. 1371 02:18:33,840 --> 02:18:40,480 Then everyone can learn more about these topics, rather than having just a closed or meeting with the Sierra Club. 1372 02:18:41,420 --> 02:18:45,860 It's disappointing that this update provides so little new information. 1373 02:18:47,100 --> 02:18:51,940 What we learned about benefits is that a flow-release schedule was developed and will result 1374 02:18:51,940 --> 02:18:58,120 in a 147% increase in the projected steel-head cohort score. 1375 02:18:58,900 --> 02:19:05,040 However, there's no information about what that cohort score means for the Paja Ro watershed 1376 02:19:05,040 --> 02:19:13,720 overall. And what we learned about operations is the protected monthly storage in the reservoir, 1377 02:19:14,040 --> 02:19:20,040 monthly deliveries to and from the reservoir, and the protected mean monthly releases from the 1378 02:19:20,040 --> 02:19:27,640 reservoir, but what we need is what we need to know is how operational decisions will be made. 1379 02:19:29,180 --> 02:19:34,240 We are looking forward to the five upcoming updates about other topics related to 1380 02:19:34,240 --> 02:19:36,280 check a reservoir and we hope they will be 1381 02:19:36,280 --> 02:19:37,920 mediaer than this one. 1382 02:19:39,060 --> 02:19:40,820 It would be very helpful to have a 1383 02:19:40,820 --> 02:19:42,700 proposed schedule for those presentations 1384 02:19:42,700 --> 02:19:44,280 of the board and the public 1385 02:19:44,280 --> 02:19:45,680 know what to expect. 1386 02:19:46,720 --> 02:19:47,960 Thank you for your consideration. 1387 02:19:49,280 --> 02:19:50,380 Okay, thank you for your 1388 02:19:50,380 --> 02:19:50,840 comment. 1389 02:19:52,580 --> 02:19:53,680 Mr. Mark Weiss. 1390 02:20:00,000 --> 02:20:29,260 Good afternoon, directors and staff. Thank you for your leadership. Thank you for your service. My name is Mark Wise. I live in Palo Alto. Actually, I spoke earlier at the meeting and that I was very concerned about the fact that the woman I voted for, as my elected Rebecca Eisenberg, in the time that she's been on this board, that you keep throwing obstacles at her sending detectives to her house to ring her doorbell the midnight, accusing her of being meaned. 1391 02:20:29,260 --> 02:20:36,960 men on the staff, all these outrageous obstacles and accusations and harassment, and I've been 1392 02:20:36,960 --> 02:20:41,460 sitting here for three hours before I finally dawned on me that the item that you're discussing 1393 02:20:41,460 --> 02:20:47,500 with Chicago Dam is exactly the thing that distinguished the incumbent Gary Kremens, who was my 1394 02:20:47,500 --> 02:20:52,820 neighbor, and I know Gary fairly well. And Rebecca, and at the time, of course, Gary is for the 1395 02:20:52,820 --> 02:20:57,980 Now Rebecca was against the dam, but at the time they said Gary was supporting the $500 million 1396 02:20:57,980 --> 02:20:58,500 dam. 1397 02:20:59,240 --> 02:21:04,500 So the same dam has tripled in cost in the time that she's been the thorn in your paw. 1398 02:21:04,880 --> 02:21:08,340 And by the time this meeting is over, it's going to double again, come on, let's move on. 1399 02:21:08,520 --> 02:21:14,300 Let's do things that actually helps citizens and not classic or projects, or she said 1400 02:21:14,300 --> 02:21:15,140 the Golden Spigget. 1401 02:21:15,460 --> 02:21:16,220 This is ridiculous. 1402 02:21:17,280 --> 02:21:18,000 Thank you. 1403 02:21:18,820 --> 02:21:18,980 Okay. 1404 02:21:19,660 --> 02:21:25,500 Now, we're going back to the Zoom, Mr. Jim Cole. 1405 02:21:42,400 --> 02:21:45,480 Jim, can you please click the button to unmute your mic? 1406 02:21:47,560 --> 02:21:47,760 Yeah. 1407 02:21:51,890 --> 02:21:53,770 What can I hear you now? Please go ahead. 1408 02:21:56,550 --> 02:21:57,870 Okay, can you hear me now? 1409 02:21:58,190 --> 02:21:59,030 Yes, yes. 1410 02:21:59,090 --> 02:22:00,010 Okay, I'm sorry. 1411 02:22:00,690 --> 02:22:01,430 It's a little confusing. 1412 02:22:03,770 --> 02:22:09,810 I will go back to a theme that I mentioned earlier in the last board meeting on Parttico. 1413 02:22:11,870 --> 02:22:20,090 First of all, as I understand the presentation, they're talking about 8,000 acre-feet 1414 02:22:20,090 --> 02:22:28,990 per year provided during drought years as the beneficial result of having the Chaco reservoir 1415 02:22:28,990 --> 02:22:29,910 expansion. 1416 02:22:29,910 --> 02:22:52,290 If you consider alternatives as such, as the osmosis-priceless process or waste water recovery and desalmization for this 5.6 or 5.3 billion dollars, 1417 02:22:53,230 --> 02:22:57,790 You could have a hundred percent guarantee of the water available. 1418 02:22:58,690 --> 02:23:01,330 You wouldn't have to worry about algae blooms. 1419 02:23:02,070 --> 02:23:04,990 You wouldn't have to worry about earthquakes in the Delta. 1420 02:23:07,340 --> 02:23:13,100 So my message is, you should, I encourage the staff there. 1421 02:23:13,580 --> 02:23:16,800 I know they have a lot of vested interest seven years 1422 02:23:16,800 --> 02:23:19,120 in the Pacheco Reservoir expansion, 1423 02:23:19,880 --> 02:23:29,400 But the consider viable options that would be more cost-of-the-than-a-taco-expansion. 1424 02:23:29,600 --> 02:23:31,020 Thank you. 1425 02:23:31,100 --> 02:23:32,940 Thank you. 1426 02:23:33,920 --> 02:23:37,080 Ms. Molly Cotin? 1427 02:23:41,200 --> 02:23:42,120 Hi, can you hear me? 1428 02:23:42,700 --> 02:23:43,140 Yes. 1429 02:23:43,740 --> 02:23:47,100 Hi, board directors. This is Molly Cotin with Sierra Club California. 1430 02:23:47,660 --> 02:23:51,960 I don't have much to do to say on this, but I wanted to thank Director Keegan and Director Eisenberg. 1431 02:23:51,960 --> 02:23:54,680 For asking these critical questions about this project, 1432 02:23:55,120 --> 02:23:57,180 especially regarding seismic risk and cost, 1433 02:23:57,640 --> 02:23:58,760 these are important questions, 1434 02:23:59,000 --> 02:24:02,420 especially considering that the cost of the seismic retrofit of Anderson Dam 1435 02:24:02,420 --> 02:24:05,840 is tripled from two years ago, as well as costly decisions. 1436 02:24:06,340 --> 02:24:08,780 I thank the Valley Water staff for presenting these updates 1437 02:24:08,780 --> 02:24:11,920 at regular board meetings, and Sierra Club looks forward to continuing 1438 02:24:11,920 --> 02:24:15,120 to engage and provide input on these updates. Thank you. 1439 02:24:15,460 --> 02:24:20,220 Yeah. Thank you. And then we look forward to your continuity engagement 1440 02:24:20,220 --> 02:24:22,020 and these major projects. 1441 02:24:23,480 --> 02:24:26,040 Okay, next one is 1442 02:24:29,650 --> 02:24:31,890 Ms. Dan, Mr. 1443 02:24:33,790 --> 02:24:35,590 Thank you, Chair. Can you hear me? 1444 02:24:35,870 --> 02:24:37,350 Now we can hear you. 1445 02:24:37,670 --> 02:24:38,030 Excellent. 1446 02:24:38,650 --> 02:24:43,050 I'd just like to read it on 8.1, the comments that 1447 02:24:43,050 --> 02:24:47,130 Sarah Cubs Irvin made that the forward-looking schedule 1448 02:24:47,130 --> 02:24:50,590 in some advance for updates would be extremely useful. 1449 02:24:50,590 --> 02:24:54,750 I'd like to thank all the commissioners who asked detailed questions about this. 1450 02:24:55,450 --> 02:24:55,910 I'm like this. 1451 02:24:55,910 --> 02:24:59,970 Thanks, Sierra Club for being there and also director and former senator. 1452 02:25:00,000 --> 02:25:16,040 In the video board directors questions are followed up, so I will do my best to ensure that. Thank you. And that's all the public comment I have. Any further board questions, director? Santos? 1453 02:25:17,280 --> 02:25:22,940 Yeah, thank you, Chair. There's a couple of other things that doesn't mean it's the only thing you just trouble things to consider. 1454 02:25:23,740 --> 02:25:31,240 When I go by 152 on a muslim basis, I see millions of gallons of soap lake, so there's a better way of recapturing it. 1455 02:25:31,380 --> 02:25:37,920 I think that one way is, you save it before it gets there, because we're losing water all the time that contributes to the flooding in the Sahara. 1456 02:25:38,820 --> 02:25:49,480 The other issue is that when Director of Rhello was here, him and I took a ride with CDF, but he'll be caught here and looked at all those fire potential hazards for the future. 1457 02:25:51,020 --> 02:25:56,580 and a check-up can be a very good source for all those mountains and I can go on and on 1458 02:25:56,580 --> 02:26:01,060 property and forest and those things and that's being considered continually. I think 1459 02:26:01,060 --> 02:26:06,820 Mr. Drupal, that's the right name, you consider other alternatives and I have continually, 1460 02:26:07,660 --> 02:26:12,240 and if we could probably put recycling plants all over the place, unless it costs, that might 1461 02:26:12,240 --> 02:26:18,300 be the result. I think we also, it's totally recommended, but we've always talked about the future. 1462 02:26:18,300 --> 02:26:27,180 You know, we got ours, but your great grandkids need water and this is one way I believe that can have a better future and pay less than damage control. 1463 02:26:28,000 --> 02:26:31,660 The other is she was about 20 something years ago. 1464 02:26:31,980 --> 02:26:37,280 CEO Rick calendar and I was in San Francisco with Jim Coleman. 1465 02:26:38,120 --> 02:26:47,000 And we had a meeting's up there with San Francisco and all the different talk talk about water sources and very boats and rescue people during earthquakes. 1466 02:26:47,000 --> 02:26:52,040 and I remember it was sitting there and we're talking about all the opportunities and how it's 1467 02:26:52,040 --> 02:26:58,600 real serious. And at that time, that was quoted with 62% and next 20 years of having earthquake. 1468 02:26:59,180 --> 02:27:06,120 Now it's 72. So folks, first courts are happy. All the time we're in a earthquake area. 1469 02:27:06,420 --> 02:27:12,140 I don't care where you build what you do. It's there and we need to really take all those horses we can 1470 02:27:12,140 --> 02:27:15,460 because there's a serious issue and losing water 1471 02:27:15,460 --> 02:27:17,220 in the future, Silicon Valley. 1472 02:27:17,720 --> 02:27:20,940 The public, the biggest issue is jobs in the economy boost. 1473 02:27:21,300 --> 02:27:23,220 There's so many things that we need to explore 1474 02:27:23,220 --> 02:27:24,740 and I believe it could be helpful. 1475 02:27:24,860 --> 02:27:25,580 Thank you. 1476 02:27:25,780 --> 02:27:27,360 Okay, let's thank you. 1477 02:27:27,580 --> 02:27:28,240 Thank you. 1478 02:27:28,320 --> 02:27:30,660 Any further comments from board? 1479 02:27:31,140 --> 02:27:31,920 Okay, hearing none. 1480 02:27:32,320 --> 02:27:35,980 We don't have any public requests to speak, any. 1481 02:27:37,820 --> 02:27:47,700 With that, now that we are able to solve the technical problem, I want to go back to item 5.1. 1482 02:27:48,460 --> 02:28:00,220 We already had a motion and then a second, Mr. Dan, can you now provide your public comment on item 5.1? 1483 02:28:00,480 --> 02:28:03,360 Excuse me, Mr. Chair, Madam Chair, I think it was 5.3. 1484 02:28:03,360 --> 02:28:05,260 I'm sorry, 5.3. 1485 02:28:20,220 --> 02:28:20,540 Thank you. 1486 02:28:20,600 --> 02:28:21,420 Can you hear me? 1487 02:28:21,860 --> 02:28:22,100 Yes. 1488 02:28:23,000 --> 02:28:23,340 Excellent. 1489 02:28:24,420 --> 02:28:31,120 I appreciate Director Santos efforts to preserve public comment. 1490 02:28:31,980 --> 02:28:39,220 I'm not regular waterboard follower and we bit of a due process fan. 1491 02:28:40,100 --> 02:28:43,780 And we're some of you have some illustrious legal backgrounds. 1492 02:28:43,780 --> 02:28:59,540 And I don't want to be that guy telling you, I want you to room full of lawyers what the Constitution means, but I'm going to draw attention here to the, the presumption of innocence and the due process right out of the Fifth Amendment. 1493 02:29:00,320 --> 02:29:08,020 And I'm also going to call attention to the confrontation cause of the Six Amendment that provides all criminal prosecutions. 1494 02:29:08,020 --> 02:29:13,680 you're accused, shall enjoy the right to be confronted with the witnesses against him. 1495 02:29:13,820 --> 02:29:17,140 And we'll include here in there for this reason. 1496 02:29:17,860 --> 02:29:23,820 I first found about this issue through the San Jose Spotlight, which is a pay-to-play 1497 02:30:00,300 --> 02:30:27,860 The groundwork laid for them. I would suggest that the physical agenda here is out of order, in addition to the amount of harm that cannot be clawed back on here. The ultimate goal of the board, I'm assuming with a approval of this motion, would be to convict one of the directors of a crime. 1498 02:30:27,860 --> 02:30:34,980 crime that the the DA is not charged anyone with has not commented on I would suggest that 1499 02:30:34,980 --> 02:30:42,780 all this get postponed until after the DA has made a recommendation on this case you really 1500 02:30:42,780 --> 02:30:48,620 have put the cart before the horse and I'll use both possible meanings of the word out of order 1501 02:30:48,620 --> 02:30:55,780 here. Every one of your directors, everyone has a right to confront the accused, they have a right 1502 02:30:55,780 --> 02:30:57,800 all the information against them. 1503 02:31:01,050 --> 02:31:04,530 And also, you know, the due process clause of innocence until 1504 02:31:04,530 --> 02:31:11,930 proven guilt. However, this was dumped on the San Jose spotlight was not a normal journalistic 1505 02:31:12,470 --> 02:31:17,550 endeavor. They've had 4,500 donors in the last five years. They were there. Most of them 1506 02:31:17,550 --> 02:31:24,510 guessing under $10. It's paid to play. You donate $5,000 to run a story for you. You donate $10,000 1507 02:31:24,510 --> 02:31:26,710 still run a poll for you. 1508 02:31:28,390 --> 02:31:37,010 Petty squabbles, disagreements between staff and commissioners should be handled handled 1509 02:31:37,010 --> 02:31:38,590 on an inside basis. 1510 02:31:39,650 --> 02:31:41,630 They don't need to be, they're not the public's business. 1511 02:31:42,390 --> 02:31:48,410 The public and yourselves, there's no benefit on their horizon for any of you guys by pursuing 1512 02:31:48,410 --> 02:31:49,010 this. 1513 02:31:49,150 --> 02:31:53,510 But the DEI handle it, and let the chips fall where they may thank you very much. 1514 02:31:54,410 --> 02:31:55,670 Thank you. 1515 02:32:00,100 --> 02:32:08,660 So we are not heard all the public comments related to five three. We already have a motion in the second. 1516 02:32:09,640 --> 02:32:19,060 And so this motion second is to have a public here to set the public hearing and then if the board 1517 02:32:20,000 --> 02:32:23,680 approved that then we'll talk about the dates. 1518 02:32:24,380 --> 02:32:25,140 Director Keegan. 1519 02:32:26,340 --> 02:32:33,600 Thank you. I'm Chair Shway. I just want to get back to our original comments and what you laid out. 1520 02:32:33,800 --> 02:32:38,060 This is just to have a hearing. This is just to answer questions. 1521 02:32:38,320 --> 02:32:49,040 This is not any decision at this point on the part of anyone on the board as to what the conclusion of this will 1522 02:32:49,040 --> 02:32:50,620 or should be. 1523 02:32:52,750 --> 02:32:59,210 Thank you for that clarification and also that it is following our own policy. 1524 02:32:59,930 --> 02:33:05,990 So it is an internal internal activities. So okay. 1525 02:33:09,070 --> 02:33:09,930 Do you have a question? 1526 02:33:11,210 --> 02:33:18,570 Okay. Okay. Go ahead. So I'm a little confused that it's just to ask questions because 1527 02:33:18,570 --> 02:33:25,730 The decision to put this on the agenda was made without my ability to speak to it. 1528 02:33:25,950 --> 02:33:30,550 The investigation of me occurred without my inclusion. 1529 02:33:32,190 --> 02:33:38,650 So, looking at the board policies, it's fairly clear that that violated board policies. 1530 02:33:38,650 --> 02:33:47,270 season. If I may come in since, you know, when the police detective called me last week and told 1531 02:33:47,270 --> 02:33:52,770 me that you all had reported me for a crime, I asked him what crime, and he thought for a little 1532 02:33:52,770 --> 02:34:00,030 bit, and he said, petty theft. I said, what did I steal? And apparently I stole a printout. I said, 1533 02:34:00,030 --> 02:34:06,230 you know, I will offer to pay for it using my district funds, discretionary funds. I mean, 1534 02:34:06,230 --> 02:34:32,910 So anyway, so what I'm saying here's that all of this was done without my involvement, it doesn't make sense to have a hearing about me, that doesn't include me and to have the decision about whether you're going to have a hearing about me without me, none of the materials on which you made your decision to put this on the agenda. 1535 02:34:34,130 --> 02:34:44,770 included my input, and that violates human decency, in addition to common sense, in addition 1536 02:34:44,770 --> 02:34:51,310 to all standard rules. In fact, I asked the detective. I said, I'm just curious, in your 1537 02:34:51,310 --> 02:34:57,230 experience, when you do an investigation of someone about whether or not they committed 1538 02:34:57,230 --> 02:34:59,970 fine. Do you in 1539 02:35:00,000 --> 02:35:13,060 Do you involve the accused person? And he said, of course, I said, could you imagine an investigation into 1540 02:35:13,060 --> 02:35:25,020 weather of person committed a crime without the inclusion of interviewing that accused person? And he said, I cannot imagine that. 1541 02:35:25,020 --> 02:35:33,400 I said, well, the investigation they did at me, it must have taken a lot of time and money. 1542 02:35:33,840 --> 02:35:38,600 They interviewed a lot of people, they looked at video footage, wow, there are a lot of cameras 1543 02:35:38,600 --> 02:35:43,540 watching us all go and, but they did not ask me. 1544 02:35:44,000 --> 02:35:53,420 So I think that it is premature and inappropriate to decide whether to have a hearing about 1545 02:35:53,420 --> 02:35:56,360 whether or not I should be censured, 1546 02:35:56,740 --> 02:35:59,900 I hear you that will cause irreparable damage to me. 1547 02:36:00,180 --> 02:36:02,760 And my reputation, and likely my family, 1548 02:36:03,020 --> 02:36:07,180 who are already receiving harassment based on this. 1549 02:36:07,400 --> 02:36:11,660 As I need to tell you, I have a kid still in high school 1550 02:36:11,660 --> 02:36:15,020 at a public school who is hearing about this 1551 02:36:15,020 --> 02:36:17,540 and is not friendly. 1552 02:36:18,460 --> 02:36:22,020 So to extent, you think that having a hearing 1553 02:36:22,020 --> 02:36:28,280 about whether or not I should be censured is harmless to me. 1554 02:36:28,880 --> 02:36:36,120 I don't think that is supported by any common sense, any integrity or any lived reality. 1555 02:36:37,960 --> 02:36:40,380 I truly believe that this is premature. 1556 02:36:41,020 --> 02:36:48,020 I believe it should be sent back to the Ethics Committee in a brown act approved, you know, 1557 02:36:48,020 --> 02:37:03,660 In a way that includes an interview of me, where these questions can be asked of me rather than on everyone else and their sister and mother without me. 1558 02:37:04,420 --> 02:37:09,080 So if you choose to hold this, think if you choose to hold this investigation anyway. 1559 02:37:09,880 --> 02:37:20,160 You are doing so in violation of all past practice, all common sense, and stated common rules of investigations. 1560 02:37:20,540 --> 02:37:29,720 As reported by this detective and any detective you'll possibly talk to, it is unheard of to investigate something without talking to the accused. 1561 02:37:30,340 --> 02:37:36,720 And as one of the colors said, it may even be unconstitutional, especially because you felt criminal charges against me or you tried to. 1562 02:37:36,720 --> 02:37:43,820 So I can't control what this board does and Lord knows I can't predict it, but please know that 1563 02:37:43,820 --> 02:37:49,960 if you do put this year and on, you will be causing harm, irreparable harm to me and to my family, 1564 02:37:50,380 --> 02:37:58,480 including my two children. Thank you. Okay. We. Yeah. So if there's no other comment that's take 1565 02:37:58,480 --> 02:38:07,740 vote, I think that's do a real call vote. So this is to consider the recommendation of the board 1566 02:38:07,740 --> 02:38:14,900 asks in conduct at our committee to set a public hearing. We think 30 days on whether true 1567 02:38:14,900 --> 02:38:23,980 national director Rebecca Isham verb based on a last misconduct occurring January 29, 2024. So so 1568 02:38:23,980 --> 02:38:28,200 will be sometime 30 days from today, if the board 1569 02:38:28,200 --> 02:38:33,020 approves this recommendation. So is that that's take a vote? 1570 02:38:33,920 --> 02:38:37,800 Director Bell. Director Eisenberg. 1571 02:38:39,080 --> 02:38:44,440 Oh. Director Estimera. Director Keegan. Vice chair Santos. 1572 02:38:45,280 --> 02:38:50,220 Chair Schwit. Yes. Motion passes. Okay. So then 1573 02:38:50,220 --> 02:38:56,020 But with that approval from majority of the board, 1574 02:38:56,600 --> 02:39:00,960 my question to the board, what's your preference in a special meeting, 1575 02:39:01,180 --> 02:39:05,400 or a part of a regular board meeting, special meeting? 1576 02:39:05,840 --> 02:39:11,580 OK, then we will schedule a special meeting about 30 days from today. 1577 02:39:11,920 --> 02:39:13,300 OK, thank you very much. 1578 02:39:13,300 --> 02:39:16,280 I'll move on to item 8.2. 1579 02:39:16,280 --> 02:39:18,760 OK, OK. 1580 02:39:18,760 --> 02:39:38,760 Approved amendment number 1 to agreement number A4215A with AECOM technical services ink for planning design and environmental documentation and permitting support for the particular reservoir extension project project number 9195402 1581 02:39:38,760 --> 02:39:45,000 or two, modifying retention, requirements, and extending the agreement term. 1582 02:39:46,680 --> 02:39:48,400 Mr. Churr, MacArthur. 1583 02:39:48,700 --> 02:39:52,980 Yes, good afternoon. Again, Ryan MacArthur, Deputy Operating Officer of the Dam Safety and 1584 02:39:52,980 --> 02:39:59,980 Capital of Delivery Division. So this item here has a little bit of history as laid out in the 1585 02:40:00,000 --> 02:40:09,680 Some flexibility for releases of retention at points throughout the project. That hasn't transpired as we planned, based on the schedule of the project and activities being completed. 1586 02:40:10,380 --> 02:40:27,280 So what we've done is made a lot more flexible language that would allow us to release retention with approval. So we would go through a reasonable discussion with the consultant, you know, if they had a good case, we would release the amount of retention that they claim. So that would be done through a staff approval process. 1587 02:40:27,280 --> 02:40:34,160 So that's what the essence of this all all is and what it means it's at this point, it's about a $400,000 1588 02:40:35,140 --> 02:40:40,320 total of retention to be released mainly for self-contractors, actually all for self-contractors. 1589 02:40:41,500 --> 02:40:49,620 To date we just checked today we've paid a comm just under $50 million as part of this contract and we've retained 5 million. 1590 02:40:49,860 --> 02:40:52,280 So this is less than 10% of the 10%. 1591 02:40:52,280 --> 02:40:57,780 So that's kind of just some perspective on the magnitude of all this and just what it means. 1592 02:40:58,460 --> 02:41:03,820 And this work this retention was for work that's already completed. 1593 02:41:04,360 --> 02:41:13,200 Yes, that have already checked the work and then it's all to standard and also that majority of these subcontractor are small contractors. 1594 02:41:13,320 --> 02:41:14,500 That's correct. 1595 02:41:15,940 --> 02:41:18,580 Questions from board members. 1596 02:41:20,080 --> 02:41:25,120 Okay, I do have a potential public comment, Mr. 1597 02:41:27,240 --> 02:41:29,420 David, to perform. 1598 02:41:30,060 --> 02:41:32,480 Do you want to make a comment on 8.2 also? 1599 02:41:37,280 --> 02:41:38,020 No, thank you, Chair. 1600 02:41:39,460 --> 02:41:42,120 Okay. Thank you. Now, we have a motion and second. 1601 02:41:43,160 --> 02:41:45,260 Oh, okay. Sorry. 1602 02:41:46,000 --> 02:41:47,460 There are tricky. Can you have a question? 1603 02:41:48,480 --> 02:41:49,700 I just have a comment. 1604 02:41:49,700 --> 02:42:04,400 It concerns me to vote, yes, on anything associated with Pacheco given that I feel we're spending a lot of money in advance of unanswered questions on this project. 1605 02:42:04,520 --> 02:42:14,820 However, given the fact that small businesses are being hurt at this point, I am reluctantly going to go along and book this. 1606 02:42:14,820 --> 02:42:24,740 Okay. Then we'll take a vote on favor say I. I. Okay. Opposed? No. Okay. We have five 1607 02:42:24,740 --> 02:42:27,420 years and one, no motion carries. 1608 02:42:31,560 --> 02:42:37,540 Okay. Item 8.3. Authorised execution of an option to 1609 02:42:37,540 --> 02:42:48,660 purchase for real property interest from Rolando Bellemini and Aida Bellemini, trustees 1610 02:42:48,660 --> 02:42:57,580 of the Bellemini family trust for the benefit of Rolando Bellemini and Aida Bellemini. 1611 02:42:57,580 --> 02:43:06,100 APM number A9A 35006, real estate file number 9155-11. 1612 02:43:08,180 --> 02:43:10,200 Is there a staff explanation on this? 1613 02:43:10,880 --> 02:43:11,000 No. 1614 02:43:11,660 --> 02:43:12,200 Second. 1615 02:43:13,440 --> 02:43:14,400 Do we have questions? 1616 02:43:14,820 --> 02:43:15,000 Okay. 1617 02:43:15,280 --> 02:43:16,540 We have Director Keegan. 1618 02:43:17,380 --> 02:43:18,020 Thank you. 1619 02:43:19,020 --> 02:43:19,720 I'm sorry. 1620 02:43:19,880 --> 02:43:22,120 You may have answered this in the staff report, 1621 02:43:22,460 --> 02:43:24,840 but I wasn't able to see it. 1622 02:43:24,840 --> 02:43:34,940 So, as I read it, we're entering into a four-year option agreement for the sum of 500,000. 1623 02:43:35,660 --> 02:43:39,140 So, we will be expanding that. 1624 02:43:39,280 --> 02:43:44,220 And then, with a 3.5 purchase price. 1625 02:43:44,760 --> 02:43:47,560 So, is that price locked in? 1626 02:43:48,220 --> 02:43:53,480 Yes, that was what is currently on the open market for sale at, 1627 02:43:53,480 --> 02:43:55,240 That was the price that, right? 1628 02:43:55,340 --> 02:43:59,700 But they couldn't, like, in three years, say, well, properties were a lot more here. 1629 02:43:59,900 --> 02:44:01,600 And so it is locked in. 1630 02:44:01,920 --> 02:44:02,040 Okay. 1631 02:44:02,140 --> 02:44:02,740 Thank you. 1632 02:44:03,060 --> 02:44:03,080 Yeah. 1633 02:44:03,400 --> 02:44:03,840 Okay. 1634 02:44:04,660 --> 02:44:05,640 Director Eisenberg. 1635 02:44:06,420 --> 02:44:08,380 What project is this related to? 1636 02:44:09,200 --> 02:44:15,780 So this would, the intent would be that this would be mitigation property for 1637 02:44:15,780 --> 02:44:16,560 Pacheco. 1638 02:44:16,780 --> 02:44:22,220 But it has mitigation value for potentially other projects as well beyond just that project. 1639 02:44:22,220 --> 02:44:26,540 So we cannot fully purchase it until the SQL document is complete. 1640 02:44:26,760 --> 02:44:30,420 But if another project were to have a completed SQL document 1641 02:44:30,420 --> 02:44:31,760 that could be used at this mitigation, 1642 02:44:31,960 --> 02:44:34,460 it could be purchased for that property as well or project as well. 1643 02:44:34,760 --> 02:44:36,760 What's the proposed source of funds? 1644 02:44:38,900 --> 02:44:40,160 The project funds? 1645 02:44:40,900 --> 02:44:41,740 Which project funds? 1646 02:44:41,980 --> 02:44:42,220 Pachicle. 1647 02:44:43,320 --> 02:44:46,000 So what's the source of those project funds? 1648 02:44:46,480 --> 02:44:48,800 In terms of the, is it prop one funds? 1649 02:44:48,820 --> 02:44:50,080 Is it the wiffy alone? 1650 02:44:50,400 --> 02:44:50,680 No. 1651 02:44:51,480 --> 02:44:53,460 What is the sort of, 1652 02:44:54,500 --> 02:44:56,780 But what are you to leave on? 1653 02:44:57,660 --> 02:44:59,960 And what if utility funds are funded by... 1654 02:45:07,350 --> 02:45:11,610 Okay. Good afternoon. Water quality. Fund is funded primarily by water rates. 1655 02:45:12,430 --> 02:45:18,910 I water rates. So the question is, should rate pay half a million dollars, which is less than they paid 1656 02:45:18,910 --> 02:45:23,810 on the investigation against me. That was 600,000. Should they pay 500,000 dollars for the acquisition 1657 02:45:23,810 --> 02:45:27,870 of this property that may or may not be related to Pacheco? 1658 02:45:30,160 --> 02:45:33,480 Yes. Okay. Thank you. 1659 02:45:34,240 --> 02:45:37,180 Okay, and you further questions. 1660 02:45:40,260 --> 02:45:43,380 We have any public comment on this item. 1661 02:45:44,080 --> 02:45:44,560 Thank you, Manager. 1662 02:45:44,560 --> 02:45:46,240 I have no requests at this time. 1663 02:45:47,600 --> 02:45:52,860 We have for motion as second, which I go vote on favor say aye. 1664 02:45:55,380 --> 02:45:56,020 Opposed? 1665 02:45:56,180 --> 02:45:56,680 No. 1666 02:45:56,820 --> 02:45:58,820 I think great payers are more than enough. 1667 02:45:59,800 --> 02:45:59,980 No. 1668 02:46:03,520 --> 02:46:07,380 So we have four years. 1669 02:46:07,380 --> 02:46:13,400 and two knows. And I collect. Okay. Okay. Thank you. Motion carries. 1670 02:46:18,010 --> 02:46:18,010 Hey, 1671 02:46:22,210 --> 02:46:22,730 there's nothing 1672 02:46:22,730 --> 02:46:31,590 under external affairs. Are there any? No. Chief Executive offers officer report 10.1. 1673 02:46:33,570 --> 02:46:38,250 Yes, good afternoon, Madam Chair, Members of the Board. We're calendar CO today. We will only have 1674 02:46:38,250 --> 02:46:42,210 one quick report and I'll turn it over to acting in COO, Jennifer Codian. 1675 02:46:51,030 --> 02:46:58,870 Sorry about that. Acting COO, Jennifer Codian, here to give the storm report. So our 1676 02:46:58,870 --> 02:47:04,390 precipitation levels are above average and all watersheds for the year. And the reservoir levels 1677 02:47:04,390 --> 02:47:12,390 are at 38%, but over 70% on average for this time of the year. Beyond that, this last storm event, 1678 02:47:12,390 --> 02:47:18,730 we had crews operating and removing debris throughout the county. And we kept up on a 1679 02:47:18,730 --> 02:47:23,360 sandbag, sandbag's county wide tube. And that's really all I have to report. 1680 02:47:24,670 --> 02:47:29,710 Okay, thank you. That's the same. Let's just questions that would in the CEO's report, 1681 02:47:30,130 --> 02:47:41,670 Churchill. Okay. Questions? Okay, no. Okay, nothing under 11, nothing under 12. And then 13.1, 1682 02:47:41,670 --> 02:47:49,310 reviewed the fiscal year 2023, 2024 board policy planning calendar. As I said, at the last 1683 02:47:49,310 --> 02:47:59,350 board meeting, I like to make it a regular thing that we looked at what's coming up on our agenda. 1684 02:48:00,390 --> 02:48:08,630 And so, if you open up the attachment for the board policy planning calendar for 1685 02:48:08,630 --> 02:48:15,630 February, we moved this particular resource extension part of the Census report from January 2, 1686 02:48:15,690 --> 02:48:24,170 February, that's what we did today. And I heard a public comment about trying our best to 1687 02:48:24,170 --> 02:48:33,010 schedule those upcoming topics related to Pacheco Festival. I will take that and work with the 1688 02:48:33,010 --> 02:48:37,650 the UN staff to do all of that as to schedule, to schedule it. 1689 02:48:38,050 --> 02:48:42,630 And then, there's another important item 1690 02:48:42,630 --> 02:48:44,590 that Delta Convenience Project. 1691 02:48:44,870 --> 02:48:49,870 It was planned to have a board for boards briefing 1692 02:48:50,290 --> 02:48:54,090 in February with some cost information 1693 02:48:54,090 --> 02:48:58,310 that's currently being studied by a state of California, 1694 02:48:58,310 --> 02:48:59,150 the WR. 1695 02:48:59,150 --> 02:49:08,450 So step is waiting until we find out more about that study and then helping the status of Delta 1696 02:49:08,450 --> 02:49:10,730 comments project to the food board for briefing. 1697 02:49:11,290 --> 02:49:22,990 So those are the important items that's for the rest of the February and that's it for 1698 02:49:22,990 --> 02:49:28,550 item. Any comments from board? Anything you want to add to our 1699 02:49:28,550 --> 02:49:29,790 trying to cannot calendar? 1700 02:49:36,360 --> 02:49:43,040 Okay. Okay. And item 14 board member reports 1701 02:49:43,920 --> 02:49:49,340 announcement maybe that just focus on board member reports that earlier in 1702 02:49:49,340 --> 02:49:59,980 Our votes on our number of meeting dates and then the permitting compensation, we were reminded that high. 1703 02:50:00,000 --> 02:50:10,500 In our own policy, it is required us to report on the meetings that we intend to submit for 1704 02:50:10,500 --> 02:50:20,300 reimbursement per our policy. So it is required that we report on the meetings that we attended. 1705 02:50:20,300 --> 02:50:33,120 So, is that how I will start with Director Keden, what would we, that our party says the following meeting, we can change our policy, but at this point that's what the policy said. 1706 02:50:37,120 --> 02:50:43,120 Okay, but today please, I know it's a long meeting, so let's just do it. 1707 02:50:43,120 --> 02:50:47,760 will fast. We just need to report the kind of the meetings that you 1708 02:50:47,760 --> 02:50:51,600 are trying to understand it. I don't need to get it to the detail. 1709 02:50:53,300 --> 02:50:58,320 Thank you, Director Shway. I may include some meetings that are 1710 02:50:58,320 --> 02:51:02,740 interested in the community, but that I don't necessarily plan on asking for money 1711 02:51:02,740 --> 02:51:06,740 from. I was the alternate to the DCA board meeting, Director 1712 02:51:06,740 --> 02:51:18,160 as the representative. I attended the 2024 state of the county address where a new chair, Susan 1713 02:51:18,160 --> 02:51:25,320 Ellenberg was picked, attended a special water conservation and demand management meeting, 1714 02:51:27,260 --> 02:51:32,340 also attended a stream planning and operations committee meeting, 1715 02:51:33,420 --> 02:51:40,260 board audit committee prep meeting, the volunteer recognition event where which was great 1716 02:51:40,260 --> 02:51:47,440 and it was wonderful to meet so many volunteers that don't dedicate their time to valley water. 1717 02:51:47,820 --> 02:51:52,340 It's much appreciated kind of meeting with the Sierra Club. 1718 02:51:55,810 --> 02:52:01,830 Board ethics and ad hoc meeting, meeting on board audit committee self assessment. 1719 02:52:04,810 --> 02:52:16,720 I'm meeting with District Council and Valley Water Town Hall meeting and I represented Valley 1720 02:52:16,720 --> 02:52:22,000 Water at the Lunar New Year Day Celebration, the TEP Festival with the Raising of the 1721 02:52:22,000 --> 02:52:28,520 Vietnamese Flag, which was a wonderful event and it was a privilege to represent the district 1722 02:52:28,520 --> 02:52:30,900 there and that's it. 1723 02:52:31,160 --> 02:52:32,300 Thank you. 1724 02:52:32,300 --> 02:52:35,280 Director Asfina. Yes, Madam Chair. 1725 02:52:36,020 --> 02:52:37,760 Thended the spark committee meeting, 1726 02:52:38,220 --> 02:52:39,760 recycled committee meeting. 1727 02:52:39,960 --> 02:52:44,580 Met with the DCA CEO. Also that board meeting, 1728 02:52:44,800 --> 02:52:48,160 appropriate meeting there. The town hall meeting. 1729 02:52:48,200 --> 02:52:50,340 Met with the CEO or the general council. 1730 02:52:51,600 --> 02:52:57,020 Okay. My report since our last report, I attended the 1731 02:52:58,340 --> 02:53:01,760 Special Water Conservation and Management Committee meeting. 1732 02:53:01,760 --> 02:53:13,820 that was special outside council and then Agenda Weekly Agenda Review meeting was the 1733 02:53:13,820 --> 02:53:26,220 CACO and the vice chair landscape committee meeting and and then independent monitoring 1734 02:53:26,220 --> 02:53:31,590 committee meeting director Santos. 1735 02:53:32,210 --> 02:53:36,810 Thank you, Madam Chair, numerous meetings, but I'll just mention a few that the last 1736 02:53:36,810 --> 02:53:43,470 gap in meeting with Chair Shua, Audit Committee, Paris, the Citizen Advisory Committee 1737 02:53:43,470 --> 02:53:44,470 last night. 1738 02:53:45,390 --> 02:53:52,770 We have the in-house in Sunnyvale, our important meetings, and Farm Bureau, and on February 29th, 1739 02:53:52,810 --> 02:53:56,430 I think it's going to be our ninth year as a landscape in summer, so if you get a chance, 1740 02:53:56,790 --> 02:54:00,770 come here at 9 o'clock and learn a lot about what to reuse and what are conservation and 1741 02:54:00,770 --> 02:54:02,270 all the good things, thank you. 1742 02:54:02,290 --> 02:54:03,850 Thank you, Dr. Arsonberg. 1743 02:54:04,550 --> 02:54:07,430 Most of my meetings, somehow, were cancels. 1744 02:54:07,890 --> 02:54:10,890 So I used the time to attend everybody else's meetings 1745 02:54:10,890 --> 02:54:12,370 and they've already described those. 1746 02:54:12,850 --> 02:54:15,330 The one thing that I, which is always interesting 1747 02:54:15,330 --> 02:54:16,750 to attend other people's meetings, 1748 02:54:16,930 --> 02:54:18,970 I learned so much and it's so bunch. 1749 02:54:19,910 --> 02:54:22,630 One, one event that was different from that 1750 02:54:22,630 --> 02:54:27,810 is that I had a delightful time speaking to a universal church. 1751 02:54:27,810 --> 02:54:28,970 Great, that's a good unit tier. 1752 02:54:29,210 --> 02:54:32,030 You know, somebody tell me this word, unit, terrian. 1753 02:54:32,930 --> 02:54:34,290 You know what I'm talking about. 1754 02:55:00,000 --> 02:55:21,000 And it was lovely. And we had a wonderful time singing, you know, none denomminational hymns and talking about nature and the group was phenomenal. And I so enjoy speaking with the community. So, and I think that the presentation given by one of our engineers, one of our experts in. 1755 02:55:21,000 --> 02:55:32,500 I might forget this name right now. I'm so sorry. I thought you were amazing. I thought that the presentation that he did was phenomenal and the Q&A afterwards is wonderful. So I love those events. Thanks. 1756 02:55:33,180 --> 02:55:34,020 To talk to Bill. 1757 02:55:36,830 --> 02:55:38,390 Thank you. 1758 02:55:38,930 --> 02:55:43,570 A lot of me. I drove him to a couple to go to the California Transportation Commission meeting. 1759 02:55:43,570 --> 02:56:13,530 And I talked to the commissioners, chair of the Assembly Transportation Committee, and Director, Tony Tobaras, I had a discussion about our Bayland's project with him and how if the court engineers approached the looking at it would turn highway 101 into a lake and whether or not he would 1760 02:56:14,250 --> 02:56:25,090 converted to a boating freeway due to the core of engineers approach and asked for his 1761 02:56:25,090 --> 02:56:35,650 support in our attempts to get core priority for the valence projects. And I also talked 1762 02:56:35,650 --> 02:56:41,770 to many of the commissioners about the same thing. They were very interested in that and I also 1763 02:56:41,770 --> 02:56:55,930 talked to him about the cis dam raise and realignment of Highway 152 and also the Delta 1764 02:56:55,930 --> 02:57:05,670 Mendoza Canal upgrades and in fact that we needed his support for stay highway crossings 1765 02:57:05,670 --> 02:57:16,670 really can now. Of course we all realize if the state transportation department is designing 1766 02:57:16,670 --> 02:57:23,850 their own facilities and they choose to design them at their pace then we have to follow 1767 02:57:23,850 --> 02:57:31,920 their schedule in building those facilities which may not be the timeline that we want to 1768 02:57:31,920 --> 02:57:43,320 get our projects going. I talked to Gene Cohen, my former staff member who's out now at the head 1769 02:57:43,320 --> 02:57:50,260 of the Labor Council and Gene was very supportive of the Valley Water and all their projects. 1770 02:57:51,400 --> 02:58:00,280 We had a constituent meetings on Ross Creek issues, especially during the flooding. There was a 1771 02:58:00,280 --> 02:58:10,400 concerned about Ross Creek overflowing. It didn't happen this time, but people are concerned about it. 1772 02:58:13,400 --> 02:58:20,580 I had coffee with Carvardino later and talked about the same projects. I talked to Tony Rivera. 1773 02:58:23,100 --> 02:58:29,540 Carvard was in Modesto and I met him there, but he wanted to have a special coffee, 1774 02:58:29,540 --> 02:58:30,880 So I met with him. 1775 02:58:31,440 --> 02:58:34,180 I met with my former district director, 1776 02:58:34,400 --> 02:58:38,180 who's now the district director 1777 02:58:38,180 --> 02:58:41,220 for a semi-monosh callerum, Sles Walker. 1778 02:58:42,000 --> 02:58:45,740 And we talked about the implementation 1779 02:58:46,940 --> 02:58:53,680 of AB 1469, and how thankful we were 1780 02:58:53,680 --> 02:58:58,160 for all the hard work you did last year on getting that bill passed. 1781 02:58:58,160 --> 02:59:27,420 I attended a laugh come meeting and it's a very short meeting and lastly I attended a meeting in Sacramento where the new speaker was sworn in and I got a chance to meet the Governor Brown again, yeah, it's very kind of hard to see Governor Brown but he's been in retirement but he came down, we talked and Governor knew some had a nice discussion with the Attorney General 1782 02:59:27,420 --> 02:59:33,880 Rob Bonta and all my former colleagues, it was nice to be up there talking to all my colleagues. 1783 02:59:34,080 --> 02:59:38,260 They let me sit on the floor with them next to the governor. 1784 03:00:00,000 --> 03:00:08,060 Being a couch potato at home, they were happy that was actually doing some stuff. Mike McGuire is going to be a great leader. 1785 03:00:10,240 --> 03:00:15,340 We're so happy that David Cortesi was appointed chair of the Senate Transportation Committee. 1786 03:00:15,340 --> 03:00:25,320 And Scott Weiner is now a budget committee chair, so we were very pleased that our local 1787 03:00:25,320 --> 03:00:32,500 people are going to be in a position of authority in Sacramento, so those are the meetings 1788 03:00:32,500 --> 03:00:33,120 I attended. 1789 03:00:33,540 --> 03:00:34,620 Thank you. 1790 03:00:35,460 --> 03:00:36,440 Thank you everybody. 1791 03:00:36,440 --> 03:00:39,740 Click Review and Carplication.