 this meeting of the Senate, Senator in the Water District for April 6th, 2023, I'll let you take roll, please. President Smalley. Here. Vice President Hill. Here. Director Ackman. Here. Director Fultz. Here. Director Mayhood. Here. Close the session. Council is going to ask that we move I-O for B. Correct. Thank you, Rick. Okay, so you can hear, do you want to go ahead and say, I don't know if you can hear. Sure. Well, that's it. I'd like to pull item 4B and reserve it for discussion at the next board meeting. Okay. So I want to change the agenda. For all communications, would anybody from the public in attendance at this one? All of you. Dave McNair is still in attendance. Okay. Dave, if you have anything to say about what's on. Anything that's on the closed session agenda, of which there's one item at this point. The closed session. Can you hear us here? Are you? Can you hear us? Yes, I can hear you. That's good. Let's start and see if Corby can hear us. So. No requirements for questions. Yeah. We started with Rick said there's just a number of details. Comments on this? That's not a great. Okay. Okay. Well. That's. That's not a great. Just a number of comments. Okay. So. It's always interesting to hear what you said. So. Okay. So. So. Okay. Yeah. So. Okay. So. Yeah. So. So. Okay. So. So. Okay. So. So. Okay. Okay. Okay. So. to participate in a lot of what you've done so far. If I could jump in, I think that we focused on the art itself. I also want to go through the process once we are done. And I think we as a board need to have a conversation about it. Nothing, Jeff, I wanted to present on that without having conversations to go over. I heard that. I can hear you. And do an initial review recommending a preferred subset of the proposal. The full board for discussion. Well, I wouldn't say that. Okay. I didn't hear any. Three friendly amendments to the motion. We're going to address. And then the third is that we are going to include language in the proposal. Ask the proposers. Identify how they will. That's local candidate. In terms of, you know, overall, do your best to capture that. And then if you want to send what you think that you got there to us, we can let you know. So we have a motion on the table. Okay. Any comments on that? Yeah, I'm. I'm just letting you know. I don't know what you guys have been doing for the past 25 minutes, but there's been no audio. Now there is audio, but it's only intermittently. I mean, it's sometimes it's, it's clear, but it's sometimes at low level and not really cutting in and out. So I'm just letting you know that. Well, so far I was able to hear Jamie. I couldn't hear Bob and I can hear you. Yes, it is. What Mark said, I haven't been able to follow anything up till now. I don't even know what the agenda item is. That you're asking for comments. The sound did get a little better, but it's still very intermittent. We need to hear more about the cash consultancy services contract previously signed by the district manager. December 23, 2023. The disaster. The district at grade main connecting the low rate main is versus our, I moved my slope. There was a lot of comment. So that was active again during the school period. to some of the in-line installation of the district. They're going to do an emergency check with Anderson. They're in the board ratified emergency services contract to Anderson. Is that your call? Yes. Great study. Request for proposals. 17 that resulted in a five-year rate increase while revenues and fees are honored on an annual basis. As I usually do, I'm going to select a new proposal for the two that was published every night. We solicited seven consulting firms that worked in California, but in California they received NBS and Apatels. We have reviewed the proposals and scoring as noted in RIP. The firm has shown an overall understanding of the district's needs. For the re-study, YNBS worked with the district and conducted the last re-study in 2017. Apatels' proposal addressed specific issues and concerns that the district first currently facing. This item is taken to the budget and finance committee to review the last budget and finance committee. The budget and finance committee gathered an entire meeting to discuss a thorough discussion. In the end, the committee agreed with the recommendation to review Apatels. Overall, the committee was impressed with Apatels' up-to-date legal expertise in setting water rates and their local and local experiments. The latter experience includes 21-rate studies for the things that are up-to-date with the local challenges facing. One of the main reasons for choosing Apatels is that we thought the district would benefit from a fresh look at its rates. The other firm, NBS, conducted our 2017 re-study proposal. It sort of seems quite similar to what might have been written when applying to do that. It was a state-of-the-art play regarding how the district respond to the following regard to allocating costs across different types of rate payer classes. In addition to some members of the committee, we had the presentation 2017, not effective. In contrast, when we read the materials that the NBSA-21 rates were also undertook, they were designed to communicate effectively with the NBSA-21 and the factors describing the proposal. The proposals that were submitted also account for the difference between the two. The number of on-site visits and providing a self-supposed floor and in-person meeting. In their descriptions of the visits, RAPTELUS demonstrated a recognition that solicits to go from the community to fully in the process before decisions have been passed. The only on-site meeting in the NBSA was the 2018 hearing itself. In fact, if you go over with the public, the public outreach makes a difference. RAPTELUS' proposal includes a voice of user-friendly Excel and web-based learning, rate-studying, and after-use to circulate financial scenarios based on changes such as different rates of error consumption, labor costs, and other expenses. RAPTELUS' proposal includes a voice of user-friendly Excel and web-based learning, rate-studying, and after-use to circulate financial scenarios based on changes such as different rates of error consumption, rate-studying, and after-use to circulate financial scenarios based on changes such as different rates of error consumption, rate-studying, and after-use to circulate financial scenarios based on changes such as different rates of error consumption, rate-studying, and after-use to circulate financial scenarios based on changes such as different rates of error consumption, rate-studying, We had praise from the last couple of years and we highlighted the understanding of the legal framework and policy issues regarding prop 2H. Something that Gina has been concerned from our own point of view. We now also concluded that given the particular nature of the professional, by a race to contract work, we thought we would direct the district. The contract was reptile in an amount of $9,035. I'll just repeat the question. No, they did not do a demonstration of the legal framework to us. However, Kendra did go online and use their website tomorrow for user-friendly access to it, with the only thing that's available from NBN. It's a cell program for a cumbersite. I prefer it. Is it as in proprietary or web-based as in, I can still export to Excel or import from Excel? I don't know the details about that, but we made it, it was clear in the RFP that the Okay, so they weren't providing long-term access to the model to Excel and then working at Excel afterwards. I'm asking that, is if they're offering a SAS model, like in perpetuity, that's a significant input into my decision. If it's a one-shot deal, they're going back to Excel. It's like, no, that's not as attractive because we still have to go back. What is the contract saying? Because I think you're right, Gail, in that the modeling is the thing. Because without that, I think NBS was responsive. They've done it before. They're certainly a lot cheaper. And, you know, I'm all about money. But if there's a value here that's significant for the long-term, then that 15,000 or roughly is worth it. Without knowing that, I can't... Well, I think what I would say is I can't answer this part in the matter of... Kendra is listening and if she knows the answer to this, what I can say is that the availability of the web-based is that we're only requiring the course of doing the right study is very valuable because it means that this is a different area usually that we can then communicate on ourselves. So that means that the community would have access to this web-based tool as well? No, no, I don't think so. I don't... Okay, but this is the clarity that I think we need. I mean, I can certainly vote on it tonight, but in terms of me voting on it, that is the key. That is the entire lens pen. I did have one, and so I'm glad you addressed it, but I still have questions about it. I just also say that the difference also includes an additional that's early in the process. There's information to communicate at the same time. A lot of what the factors are that might be put into that communication have not really been presented to the public. A little more structure about what that outreach would be communicating that there's much value in it. And on the last rate increase, I mean, I felt really sorry for NBS. I was actually involved with the web-based. No one could have communicated effectively around that because of the manner in which the board actually went about doing it. So I don't hold a slack on that. The other key item, though, that I wanted to query a little bit more about, say that three times back, showed more relevant experience in what the district is, specific items. I didn't say that. I think that what I said was that their response, they were more responsive to the things. I'm just reading off the summary sheet here, which says, Raffatellis showed more relevant experience to what the district is. I was wondering what those... I think that was Kendrick's point. I wouldn't say it differently. Well, okay. What we're talking about is they brought up more specificity. There's a great time you deal with different ways to think and because Raffatellis basically had to say it was an exploration. Probably strongly that we did a fresh look that was an exploration. All these other ways I would want to structure our phrase, NBS remains in the box. Raffatellis was thinking out of the box. Looking at this from an unbundling point of view, to the rates in terms of charging, rather than charging just one lump sum for fixed and, that they were going to unbundle the rates in some way, to the capital infrastructure, payment and delivery, et cetera, that the community might get a better feel of where the money's going for each area. I don't think it's the same thing, exactly. We ought to take a look at it. I have to say, at least that was one of the things all of you in their presentation was communicating with regard to lots of charges. They definitely had a point for assuming that to do that, they obviously had to give them a California one. It's a really important relative to our district, and at least the last couple of years, virtually 100% of the rate increase has been operating expenses. They really get that feel of, well, what's going to capital versus what's going to trading, and those are very different buckets that also the community needs more information about, so they understand what the rates are all about. Particularly given where we are with our capital infrastructure. I really need to have more information on that. I mean, if you guys are comfortable with going forward, great, I can. Because of that, that is to me the linchpin of the entire particular proposal, what format, criteria or not. Really? No, I don't necessarily think so. I think, again, it depends on whether or not this is used as a loss leader or an entry level into the sale, or whether this is really something that's part of the offering. This is a very different thing, and I've seen SaaS vendors do both kinds of things. I don't know why they'll play not in specifics, including Microsoft, ExcelBase, and WebBase tools that are developed with the expectations, obviously. Yeah, and whether there's a SaaS charge for it as well, which might be okay. But has any of that addressed specifically in the proposal? No, I didn't see it. So, to me, that is... My concern is that if the 99,000, again, it's the loss leader type thing, if the 99,000 is just for the work that they're going to do to respond to the RP, but in order you get the model, now you need to spend another 15 to 20 days every year, or even now. I want to know that. Are you comfortable with going with reptiles despite of the difference? Not knowing the difference about the question. If we could, it was possible to put some language on the motion of 30,000 financial recommended by the $500, if we're saying we have to go back and negotiate. In terms of the rate for the reptiles, including access to the model for not to exceed a amount of $100,000 when it comes to that. I would say I think that's a value in spite of the fact that it's more because if we get four community meetings just standing up with communities and trying to provide help once, is it... How do we do a generic project at the board level? Is there a linkage into there's an import export? I mean, Excel wouldn't... I can't answer that. I mean, I agree with Jeff, but I would probably find that out. I hope so. If you have not, it's going to feel a lot of work here. The only thing I would say is that negotiating from drag is very different. In the local area, and what we do need to hear from the public are participating remotely with Mark Dolsens. Yeah, thank you. I'm sorry, I know you guys are trying. I know now that I should be there in person, but I do want to give you some feedback in case you're able to adapt your behavior at all in real time. The audio is getting worse and worse, and it correlates strongly with people leaning back in their seats or lowering their voice. Anybody that forgets to essentially shout into the microphone is inaudible, and that means I haven't been able to hear most of what Rick has said, what Jeff has said, what Gail has said, and now even what Bob is saying. And somebody, what you said, Mark. Just letting you know. I've been trying to follow, and I've had the same trouble that Mark's had. I am on the Budget and Finance Committee, and I thought I would just, unfortunately, I did not understand, I just couldn't follow what the conversation was and what the concerns were that Bob raised just didn't come through. But I just wanted to say that one of the things that made me very positive about Restelis is the public outreach aspect of this. I took a pretty careful look at how Santa Cruz Water District handled their relationship to the public, to get the public involved, to get them to understand, to break down the rates. They did a very good job. I don't know what the contractors role in with that was, but I was less than impressed with the other proposal in part because I felt that how they handled the outreach to the public last time, and it could have just been a poor problem, but I felt like we have one contractor who really did participate at least behind the scenes in a very positive way in terms of outreach to the public, and I think that is just going to be critical as we go forward. Thank you. I think everyone kind of beat me to it that we can't hear anything. I could hear Bob a lot better, and as far as Jamie saying the closed caption, like there was like no audio pickup, like there's just complete blanks. So for some reason, Bob I can pick up better. In order to conduct the 2020 study, not to exceed 99,000 contingent on acceptable clarifications that the access to the link tool through the entire rate study is available. I just want to be sure. Well, I'm going to leave that to you. It might be that there will be some cost, but it's just for you and camera. If you have some questions about it, I think we can serve us for the next 30 years. We could say to read how well we are. How would you find Director Fultz? I have the same. Valley Water District's representation on the Santa Marta Rita groundwater agency. One of the board members that requested this will start sifted by an article that Director Fultz published in the San Lorenzo Valley Post agencies that are partners with us in Santa Marta Rita agency. Comments that he made I feel make it difficult for the district to work cooperatively with our partner agencies that created an antagonistic environment within the agency. And as such, I don't feel that he can effectively work with the board members in the Santa Marta Rita agency. That's why I requested to discuss that this evening. I requested this slide and she is currently on the Santa Marta Rita board. I'm the agendist with considerable reluctance. I met with Fultz before in the first Santa Marta meeting and I don't know how I was looking forward to him because I was engaged with the technical aspects of the topic. For the board, I had a great discussion and so I was blindsided when I read the article that Fultz published days later in the Santa Marta Rita office. It will be expressed views about proposed Santa Marta Rita projects and needless discussion about Scotts Valley and its water data. In the article, I explained the reasons why. Automatically clear to me that he does not intend to stop writing articles expressing private views. I agreed to disagree outside the confines of board meetings on the topic that it would be ill-advised for our board to address. However, I do think it's the responsibility of the board to consider whether a lot of board members representing the district can participate outside of board settings based on their antagonistic towards the side of this. I do not. Unfortunately, this prompts whatever other beneficial attributes that the board brings as well. I'm thinking about this to understand how unusual the powers are that the representatives are like members of Santa Rosa Valley water district committees where any decision has to go to the board of the recommendation and then is active outside of board. Our Santa Marta Rita representatives of the Santa Marta Rita bylaws for better or worse provide veto power on important issues in which any individual board member from the three founding agencies can veto those actions in adopting significant reform, improving grant proposals and finalizing the budget including what is suspectively a line item veto of expenditures potentially being a single representative from our district unusual powers. I think it's important that the board has to have confidence that their representatives will act responsibly and criminally in their district. The part is that given Bob strongly held beliefs to use this veto power to make what he considers principle public statements marked that Bob's behavior complicates the lives of our staff who have to work by Santa Cruz and the county on Santa Marta Rita and many other issues. It also undermines my ability as a district. I worked very hard two years I've been on the board I've been in two years before that when I went to public members for staff and I felt like other consultants or members of other agencies were representatives that were detrimental I restricted my remarks to those Santa Marta Rita board meetings or to I did try to find common ground where I took leadership at Scott Valley it has emerged that there's really an alignment of interest between our district and many issues. I share an optimism that we have within the council. And for that reason I found Bob's agonistic and frankly factual comment concerning Santa Rosa Valley coast which makes it ill suited to represent our district and I reluctantly concluded with another board member I've already been decided and I did attempt to look at Gato I hear you but you know this is there's so many things here to unpack there seems to be a sense of board members place of board member they believe inside a board meeting only anti-democratic and American contrary to our system of government if you're obligated to communicate with our constituents on matters of supreme importance that isn't just in board meetings because what do we have five people and there'll be a handful of people a notion of a board attempting one way to find the free board members extremely disturbing I think anybody in the community looking at this would have to ask themselves what was said that was so for the top there were nothing more than I had expressed in previous articles in one campaign recently board meetings in conversations with the community a lot of people would go oh my god not a single person a single person what we have here are folks with whom who are these people are they in the shadows or they won't come out and actually debate just in public something that is of vital importance to the environmental risk associated with ASRs and ejection modes kind of behavior that reluctance that are productive to the best interests of our community best interests of the salmon agency community is not good I'm a free speech advocate maximum transparency and total transparency and everything that's been said so far in that aspect here that I just don't understand we have Santa Cruz does sit on the Santa Margarita water agency according to the lecture that I got on the work together as a team we have differing opinions among the opinions that Santa Cruz brought to the table was their objection to our ISM and D which have accelerated the ability of our districts in the surface water resources that we have in a better fashion to be able to address the groundwater issue that teamwork that representative remaining on the board to me that was one of the most unbelievable things that could I'm not going to sit down as members of that agency and negotiate that but my article I made no secret of the fact even before this board voted to appoint me I oppose and will never vote for has to do with an ASR that comes out of power community pocket anyway disturbs our quiet enjoyment aquifer resources that is publicly before every groundwater agency should be putting all of its emphasis behind maximum utilization of surface water during those months that it is available in order to rest as many wells in our area as possible to do that for a period of time see what that impact is aside any of the stuff to do with the ASRs until later those are last resort items and the fact that there is still an enormous amount of emphasis being placed in that need also deviates on the concept of teamwork as a team how about if we work together on those things that we all agree upon not try to force people into accepting through one way or another things that we don't agree upon and I don't think anybody has talked about that in the past but we were blocked from being able to move forward because of the action taken by one of our team members on the Santa Margarita groundwater clear that if they wish to pursue those on their own nickel that's great they may have more of an interest in doing that than we do this is not something that our community needs I think if we take a look at the recordings the last two board meetings they normally do I ask questions at a policy level at the last meeting I did not disparage any group or any small group I self up to some arbiter between two groups that I am uniquely capable of understanding that in the board meetings and at the end of the day what we're trying to achieve here is nothing more than groupthink not participating in that before you voted for me the first time I readily had the courage to come talk to me happy to talk to you other than Gail happy to talk to anybody listed in the book I have my email published so I'm really actually not convinced that it was that much of an issue as it's being about to be because I have no first-hand knowledge of it it's pure hearsay even if somebody didn't like what I wrote there's a lot of things that other people do that I don't like either but I don't try to shut them down and say well you can't do this or you can't do this I believe in the fact that if we understand where people are coming from and we'll be able to get to a better resolution fear is a police what it is that they say if we can't do that as a community then we have bigger issues if my article is so bad that everybody goes oh my god and we're going to clutch curls we have a bigger problem in this community to communicate issues of vital importance and I'm not the only one doesn't like that you can make it 4 to 1 vote responsibility it may not be something that everybody shares but I get a lot of people thanking me for the fact to stand up and talk about these things you're not just in the board meeting I'm here for the other two directors I don't need you to hear from the public on this but I don't know I'll just put it out there and be an element I think it's both a larger principle first of all I think the idea that we can put those upon a board member for doing so the real problem for me because we didn't know that Bob likes to express himself in writing we didn't know that he can be a cervix but he does that and we didn't know there's nothing that I recommend so I can disagree with the way that he characterized City of San Francisco the idea that we will remove him so quickly if he's done the things that we don't like the reason for everything that we like in a manner in which we don't like it to be done I mean gosh to be honest the national environment that we are operating politically I find this to be a little specific first of all I'm saying to remove direct polls I've written an article in a local paper to inform the public about water issues in our area if there is any disagreement about that article people should make their own argument about the issues that is how our government is supposed to operate free and open debate about the issues Bob would have a chilling effect on the citizens who may have legitimate differences it's not the way to win it's been twice collected and it's the longest serving member in the SLP post written by Bob Solt regarding the Santa Margarita groundwater agency along with their code of conduct the code of conduct of the SLP water district and I don't think that the article is demeaning the most important the agenda item is in connection with concerns that publications like the post article are inconsistent with the SLBWC that participation and leadership on the Santa Margarita groundwater agency and once you move direct and full and fill the vacancy by making another appointment there are protected speeches involved goes on to say you have this speech any censure of other punitive actions against this director would be and you're right it would be director Solt has written regularly and can on various matters in other local newspapers or in his constitution from this point of view they are his own and they don't represent the board as the same article included that you're all concerned about right now are these letters from Exkerson, Panetta Eschew and John Laird all being singled out and I've got to tell you this is important on the demographic to me so this revolves both twice to represent it and thank you and when Mr. Solt is fulfilling that instead of supporting him you're sending to the will organization all right business-owned guiding principles state quote, discussions between men and other users and members maybe challenging in time here we are, but they should be in a collaborative manner respectful to civil discourse between all participants of this course this is gender knowledge and that's what we're getting out of those doors and to Santa Marta v. Groundwater Agency having availed admonishment of Mr. Solt's informative piece of valley city and SLD water are mandated to get a law and then have their own board members reference horrible South Valley builders and those mountain monkeys removed Bob Solt for having an opinion and earned an opinion this doesn't look good and what you do here tonight will riffle through the valley Bob Solt has been worked on for twice by voters in the San Lorenzo Valley he's skeptical I suggest that you discuss this and fall back to a position of civil discourse with the expected member of Bob Solt if no action find another way any member of the public who's participating remotely like to comment yes I feel that I'm at a disadvantage because I haven't been able to follow the conversations but I just want to say that I don't see this at least as an issue of free speech it's a matter of strategy whether Bob is the right person or not I think it's a matter of strategy we need to build alliances in order to be able to get what's best for the valley I ran into this kind of problem when I worked to get the Felton library where we had similar kinds of demeaning comments about those of us in the valley but we needed to get an alliance to get that library we had the Scotts Valley and the city of Santa Cruz fighting against us and we had to be very strategic and I have not been attending the Santa Margarita meetings but I know Bob can be very forceful with his opinions it may not be the right assignment for him and that's the issue here it isn't to me a matter of free speech it's a matter of strategy and tactics we need to build alliances in order to be thinking about who will represent its best in these delicate negotiations right now thank you we want to start writing articles and in fact the article that he wrote is probably the first two thirds of it I would have absolutely signed on to entertaining our public which I think he has to do and it's a good thing that he does all I'm saying is however the comments that were made by one of the people in direct response whoever in the article they were making to what he thought was Bob's discord coming to do administration I think we just need to start and whether it's Santa Margarita saying it's a clumsy joke or whether it's Bob attributing motives to the U.S. Valley or Santa Cruz to work together problems that we're trying to refer to if I should say we're trying to venture someone by response to what I do not writing what they say I understand that you see it the lens in which I see it is not going to be persuaded that it's not you know, a case of abduction because as I said earlier there's nothing that surprised me in Bob's actions based on who he was before we were going to come that being said you know I think that I agree we should also but being central within the boundaries of things that really need conversations to be had now I can disagree all day it's the way that Bob characterized the U.S. family but I can't say that I want to take it on my disagreement with the way that everybody wished to pull anything from that towards the district managers report apologize for this audio visual tonight we are working on it that's a general public