 So we are going to reconvene the September 20th meeting of the Board of Directors of the Santa Rosa Valley Water District and there were no reportable actions taken in closed session. I'll ask staff and other directors, are there any additions and deletions to the open session agenda? I don't know. Okay. Then we'll move on to the oral communications portion of the meeting and so this is a time that you can speak on any subject within the purview of the water district, preferably not on anything that's on tonight's agenda and limitation on that is three minutes. So who would like to speak? I see Ms. Lowen. Pardon? Yeah, the podium, okay go ahead. That would be a convenience for the recording. I've got a few questions for you. The first is I wrote a letter to admin because I know the situation about lack of ground training specifically for citizen members of committees. Members are appointed to committees but are not being given immediate training and this is caused under distress to themselves and others and I can see that it's having a negative effect on the business of the district and it has included such things as resignations from qualified citizens having much to offer the district. I think this has reached a really critical point. I had hoped the admin committee would address it but I'm bringing it to the board. I'm not even sure this needs board action. A simple pamphlet, a sit down with returning after a meeting or something. Members are appointed last December and still have not received any training. The other item that was talked about is conservation in regards to return on investment. The current fiscal year budget for public outreach is $60,000 and that is for use of a PR firm. That firm came to the last admin meeting and provided examples and a presentation that shows so far what they've done for the district and by far the primary thing they're promoting is conservation. The PR guide couldn't answer a question about return on investment. Are these ads effective? This includes ads, mailers, and web postings. When you look on the website you'll see where we are in our conservation now. It's a message. What are these messages protected? Last year the district hired a conservation specialist. The current fiscal year budget for customer conservation programs in Missouri base is only $25,000. That is less than what we give away in grants. The conservation rebate is the only quantifiable program to reduce customer consumption flow of our water. Their website says that toilets represent one-third the entire indoor water use. In the past two years that I've been attending meetings, I haven't seen an annual report on the rebate program. The number of rebates given and analysis of how much water has been saved. I've seen no reports on the number of water audits done and follow-up statistics and analysis on water load reduction from any conservation program including the PR campaigns. When we reduce the water load we have a cost savings in pumping, treating, and delivering. People care deeply about our environment and what we can do is conservation. I'd like the board to reconsider their stance on encouraging conservation and instead of charging us more if we can serve, look at ways to get people to work efficiently by prioritizing and rewarding conservation. Thank you. Mr. Holloway? I'm Jerry Solard from Boulder Group. At the last board meeting there was an agenda item to hire an interim district manager. In the discussion at the time it became clear that there was an application from John Pressley who is the retired Santa Cruz County Public Works director. It was a little bit unclear during the meeting exactly who the person was. His name wasn't said exactly. Later on I obtained the application, the resume, which had been sent to the board prior to the last board meeting. Also I requested the resignation letter from former district manager Brian Lee which was not in the packet for the last board meeting and so these two items, the resignation letter which led to the appointment of the interim district manager and the application from John Pressley. These were not presented to the public and that is a granite violation as far as I'm concerned. The granite is very clear that when there's an open meeting, an open session for an open meeting, that all materials that are presented to the majority of the board should be presented to the public prior to the meeting or maybe even left up here so we can receive them. So I'm in despair and dismay that this board will ever comply with the plan using to think that anything you get is confidential and you can share it with us. But the fact is that that application from Mr. Pressley was kind of pitched in over the grandson. If Mr. Pressley was applying for the finance director position for example, then whoever was the district manager at the time would be in a position to say hey show me your resume and I'll treat it in confidence. But because of the particular situation that there was last month when there was no district manager because the district manager had resigned, Mr. Pressley has a sophisticated understanding of the granite and he pitched his resume over the grandson without any assurance that it would be kept confidential and he knew that that was the precise moment when the board might make a decision in one way or the other about a new district manager and that's the exact moment when this public should have been aware that Mr. Pressley had made an application so he violated the granite and I don't know when you're going to begin to abide by it. Okay, anybody else want to comment during boroughs? Okay, seeing none. I will think about Mr. Holloway's comments and think about them. Thank you. So we will move on to 9A, the education grant final report under unfinished business and let staff introduce this if they'd like to. So one of the 2016 watershed education grants that was awarded was to Fred and Roberta McPherson to make a movie or video called The Turkey Foot which describes the area of the San Lorenzo River where Bear Creek and Boulder Creek join the San Lorenzo River. And so Fred and Roberta are here tonight to present their video to the board for your consideration for acceptance of their final report. I just want to say that it's a pleasure to be here and to share it. It's a good year to get this done. A lot of time I spent writing the script and doing research for it and it's a pleasure to be here to present it tonight. We presented one two years ago about Fall Creek which dealt with the southern end of the Venlomen Mountain and our intakes on Fall Creek and our treatment plant there. This one deals with the northern end of the mountain where we have our other surface water intake. So it's sort of a compliment to the one we've done before. So we can see it if there's any questions afterwards. We'd be glad to answer the questions. Is somewhat subtle and difficult to distinguish. Looking for the La Prieta. The highest peak is the Santa Cruz Mountains. Venlomen Mountain as the western boundary is the most visible and therefore obvious edge extending from its southern end at the folded area of Santa Cruz to Boulder Creek. The northernmost corner in the San Lorenzo Valley. The eastern facing slope of Venlomen Mountain was formed by the vertical movement of the now inactive Venlomen Falls. Along the northern end of the mountain the Venlomen Falls and Zionty Falls which is still active today both played an important role in the formation of the Boulder Creek area. Because of the way Boulder Creek enters the river from the west in the area known to local residents as the Junction and just a few hundred yards up river Bear Creek flows in from the east. Early settlers of the patterned form resemble the foot of a turkey with the center and back toes of the San Lorenzo River and the two side toes representing each creek. When we examine these newspapers the first reference to the turkey book is in 1870s war when the Cruz was surveying the area for the San Lorenzo Valley Cloomen Transportation Company. It is proposed to prevent blooming at or near Felton and extend the work to the mouth of Boulder, Bear and San Lorenzo Creek which forms a turkey bush. Again later the area was referred to as the Forks and in that year during the dispute as to where the location of the coast office should be in the Boulder Creek and Lorenzo this was called the natural center of the neighborhood. Junction Park operated by the Boulder Creek Red Department with a popular spot in the summer for sunbathing and swimming lunging off of diving rock and community festivals. Throughout the year there are also great opportunities for enjoying a myriad of wildlife like mountains, wood ducks and the elusive American Dipper. As the northeastern end of Bend-Lomond Mountain was uplifted vertically along the Zionty Fault the harder remitted quartz diorite that forms the core of the mountain was exposed and broken off in year-in-liter chunks along Boulder Creek's upper tributaries. The jagged edges of the various size boulders were then tumbled and rounded as they were carried from their origins down into Boulder Creek where the tumbling and sleuthing continued all the way to the San Lorenzo River. Along their journey the tumbling rocks acted like wrists in a mill carving out and exposing successive layers of the softer sedimentary sandstones eroding away over millions of years and helping form Boulder Creek and parts of the turkey foot cutting down deeper here and almost any other place in the San Lorenzo Valley. More recent sandstone formations were cut through all the way down into the underlying butan of sandstone one of the oldest sedimentary formations in the Santa Cruz Mountains which is exposed to junction parks diving rock as well as upstream along Boulder Creek in the area of its confluence with former Creek one of Boulder Creek's important tributaries. Along Boulder Creek is a beautiful riparian forest with white alders. Part of the habitat includes mineral-loving California sisters, water strikers and the over-literating ladybugs. Almost all of the water supply for the San Lorenzo Valley water district comes from surface water allowing the district to wet its well. All of that surface water comes from then moment mountains and much of that surface water comes from tributaries to Boulder Creek including evine, silver and formant creeks. In the summer, the district's water supply comes from well in the sandhills predominantly in the areas of Lomond, Dianne and Olivia. Above the confluence of former and Boulder Creek is the district's Boulder Creek treatment plant. Here, water is treated from the three tributaries to Boulder Creek evine, silver and formant along with water from the Rob Menzies five mile pipeline to the south carried in from Clear Creek and Sweetwater Creek before being distributed throughout the San Lorenzo Valley. Lower Bear Creek cuts down into the same butanus sandstone formation bound at the junction and on the northeastern end of the Thessaloniki Mountain. It is particularly well exposed in the area of the Bonnie Briar Orch which also contains mysterious rock inclusions that have strange forms almost like burrows on a redwood tree. Walking Bear Creek provides many opportunities to investigate the geology of the area. Along the creek, it's also possible to discover primordial plants like liverworts, mosses and graceful maple ferns. Not far from the Turkicwood area, Ben-Loman Fault is joined by the Zionty Fault dividing the watershed into fairly distinct geological and hydrological regions. Everything north of the Zionty Fault which includes the Bear Creek watershed is not well suited to providing a large water supply for the San Lorenzo Valley water district because the underlying geological formations in this area lack the extensive granitic aquifers found south of the Zionty Fault on Ben-Loman Mountain. Under rain, waterfall storms all throughout the Bear Creek water pit. During one particularly heavy rain, a large Douglas fir became wedged by its roots between old cement dam on Breyer Board. Fisheries biologists stone out, we've called him, for his assessment of the situation. I just have a serious problem. You don't have construction in here. If there's to get through the dam, it'll be fairly easy. The first thing we need to do is get this Douglas fir out of the way. It's kind of the junction. It's a double in height, and the silver dam is now eaten. It also grows beyond the dam, so it's hanging over. It's got to get up to the slope. Don contacted Kristen Kiddelsen, fishery resource planner for the county of Santa Cruz. After checking the obstruction, John Moudry from Santa Cruz County Public Works was able to clear the way for open water flows through the dam, alerting what could have developed into a big problem. After the dam was cleared, Don and Kristen returned to check the opening. A huge problem did develop not far downstream during a torrential rainstorm in early 2017, when a failed drain pipe washed out half of lower their peak roads. The San Lorenzo Valley Water District was quick to respond to the emergency, making certain there was no interruption of water service over a thousand of their customers along their peak roads. We put a light through here and it's really close to the end of what's broken away there. It's not exposed, but it's really close to the end. Eventually, Public Works spread black plastic over the area to help prevent further sliding. The rainstorm caused a large lockdown at the point where their peak enters the San Lorenzo River. Fortunately, it was washed away a few days later, but then the rains continued. Quiet little boulder creek rose to within a short distance of the junction park fence. Carrying away huge logs as it merged with the San Lorenzo River, causing more sliding, burying the sandy beach where members and sunbaters have gathered during the summer and submerging most of Diving Rock and the Damned Down River in its rush toward the sea. Witnessing the dynamic energy of nature at work in the area of the turkey foot puts our human time scale into perspective in relation to geological time. Seeing the magnitude of these powerful geological processes over time helps us begin to comprehend the extraordinary forces continuously influencing this remarkable place. It has taken millions of years for the turkey foot to evolve into its present form since long before human existence, and we can only speculate about what this area might be like millions of years from now. End of the place we live in and it helps for somebody to point out how special a place we're in. So I haven't really thought through this process after, you know, we have an excellent presentation as far as I'm concerned. And I would like to open it up to the public for comments or, you know, some thoughts, and if Fred would like to take a question or two, that would be good. Would anybody like to comment from the public at this point? Okay, I don't see anybody. I'll go back to the board for our thoughts and I think I've got a question or two. But I'll offer it to other directors. Okay, anybody want to make a... Fred and Roberta, thank you again for the beautiful piece. That was just delightful, but a nice adventure in our neighborhood. I know some of the reason for the Bear Creek area not being very good for large flights, just again, there's like, you know, it's the Pionos so it's not very permeable, is that right? And I have heard that there are old oil wells in that area, is that true? Or is that like urban legend? Well, there's way up in Upper Waterside, there's old oil sites, but there's a number of kind of impermeable aquifers up Bear Creek and Kings Creek and all those areas. There's wells of individual homeowners in wells, but it's not like down here in Quail Hollow or Olympia Quarry or somewhere like that where there's a really good groundwater supply or upon the minimum amount of the surface water supply, it's so good. So that's why it's different and there's groundwater studying that you're doing now. And considering that, there's different basins of groundwater basins in the aquifers. So up above, the design of the fault is not very good for a big supply. Can I take a step closer to the question I'm just thinking I'm always amazed that how turbid that water and I remember hearing some figures about, you know, you would think after all this time that there's still so much the amount of sediment that the river still continues to take out, it's pretty amazing how you should just look at that water and everybody says it's like, oh, that's like a milkshake. You know. But I think there's some interest in trying to collect some of that water, but it's got so much turbidity but I don't know if you knew exactly how much sediment gets... goes all the way to the ocean basically. Well, that's a challenge because it's got something turbidity and it is difficult to treat, especially out of the river, directly like that. That's why the city of Santa Cruz doesn't pump it up in a lot more when it's turbid like that. The waste until it settles down, then they pump it up. And I know in our treatment class, we can't use turbid water either by Barl Creek or in the Boulder Creek place. You have to wait till it settles. And there's a lot of reasons for that turbidity. There's erosion, there's more vineyards, there's more construction, there's a lot more activity enough for water saving. So it's a challenge. Yeah. I think that also I think it's a real interest in this valley is to provide that erosion control to minimize that amount of sediment that, you know. Then there's a lot of strong grade design, you know, to try to but it's I mean it's a big big issue. So I'd like to ask a question. I'm curious about the phenomenon of the turkey foot because it looks like you've got a fault coming across. You've got the Zion fall coming across there. Does it make a jog? Is there a fracture? So what you've got Barl Creek coming in at one point and Boulder Creek coming in It's only about 100 It's like from here down to the river away. It's only maybe 100 yards of separation and it's exactly right because the Zion fall goes right through there, goes right down Barl Creek maybe a little job as it cuts through the formation of the junction but then it goes right up Boulder Creek and on up to Big Basin and eventually out into you know Ranchoville so and the the fall and what I found fascinating to be so long research is I finally figured out which way the Zion fall was moving. It's sort of like the sand dress is moving sideways. The southern part is going one way but the southern part is also going up a little bit but it's been doing that for millions of years and that's why there's such an offset there around the Zion fall going right Barl Creek and Boulder Creek that's why the northern end of Venmo Mountain is higher. It's pretty high it's one of the highest points on the Venmo Mountain right at their Eagle Rock so it's fascinating I'm still learning. That's why there are a lot of treats about doing this I've learned so much I'm I just really appreciate it it was fun to see a little bit of geology and we've been talking about the Utah formation in you know other parts of the basin so it's fun to see it out there at the surface and so Bernadette she's in the creation she's the script writer and she did the narrative so she's an artistic creative force. I really like that geeky stuff like geology and the wildlife with any staff feedback give you a chance we will do that we won't forget to do that okay great that question is it going to be at the science night? we are still working on coordinating that but it might so the board doesn't have any more questions we have one action that we need to consider this evening and that is to whether to accept this final report and there's any discussion or a motion would be I approve approval of this beautiful report submitted as part of the watershed education grant received by the board second okay I think we can probably do this by voice all in favor say aye any opposed none very good thank you very much both of you for this beautiful so we have a big agenda tonight numerous items so let's move on to 9B which is the Long Pico assessment district oversight committee appointments so I would like to get this started by introduction of any staff as the board is aware that there are three openings on the Long Pico assessment district oversight committee at the August 2018 Board of Directors meeting board delay filling vacancies on the committee to ensure compliance with the MATI Act direct mail order informing Long Pico customers that the district was accepting applications to the oversight committee was mailed to all Long Pico customers the district has received five applications from customers of Long Pico to participate as a public member of the oversight committee their applications are in your board packet for review okay thank you I've made a few notes about how I think might be a good process for doing this and the first thing I do is like to ask the applicants okay who are here today if they would like to speak to their qualifications and interests and are there here no more than three minutes and then I'll take public comment after that so I'll get feedback from the public and then perhaps one part of the process could be that we'd like to ask each director could ask a question of all of the applicants tonight so it would not be so you don't have to respond we're going to limit it to one minute so it would be a quick thing and then after doing that we'll implement a process that I hope they'll describe when I get to it for doing the appointments and then hopefully after having had that sort of discussion through that process we'll have some consensus on maybe how we will proceed and I'll ask for a motion and a second for all appointments at the same time and we'll see how this goes and then we'll vote on that and hopefully we'll have a filled LADOC committee I look forward to that being the case LADOC has not had a quorum for too long and it will be good to get things moving with a full committee and I'm glad we're able to do that probably tonight so let's I haven't thought about anybody, any of the applicants at this point like to initiate and say something about themselves I would be happy to speak for the last time may I ask whoever speaking to come to the lectern so that we can everyone can hear it later I say Ms. Gomez Jenny Gomez serving as the citizen member of the environmental committee for the district I really enjoy doing that and I would also like to further serve my community by becoming appointed to fill out committee my background is in primarily GIS and cartography I've worked in various fields including environmental management works and most recently for the assessor's office for the county I've done a variety of financial analysis primarily of GIS looking at capital improvement projects and breaking it down by districts and things like that I like that I feel like this would be a good way to serve my community and I hope you would support this thank you anybody else sir I'm Dennis Lynch I've lived in Rampego since 1987 and Jenny asked me to apply for the laid out committee and I felt like I really haven't given back that much to my community over the years so this would be a good opportunity my background is in and I've been an appraiser since 1992 I was already in San Francisco here and I have some knowledge of mortgage finance that would be transferable to this position so I approve me thank you my name is John Wright I've been there for three years and the reason I want to be on the committee is basically what everyone else described so I can go back to my community and raise my children there so felt that this would be a way to do something and my background basically I graduated from San Jose State with a degree in finance some accounting background and now I currently manage a construction company so yeah, so I think I'm qualified to be on the committee thank you I didn't really do much much recurring over the last time that you're with me I am so delighted that there are more people applying for this committee and I think what this committee needs is a long range of experience of people and I'd like to see new people to Lompico be on it and I'd like to see old-time residents be on it I think there's an excellent chance here for having a good committee last time I encouraged you to appoint Jenny and I because we're the only ones at that point but considering that Jenny is on another committee I think we can reevaluate that and get more voices from Lompico working in different areas of the district so in reviewing the applicants we have two people very strong accounting background Caroline Chabot was not here I think really succinctly answered the application she said she wanted to be better informed and be able to inform new neighbors and that's exactly I think the point of the oversight committee I had an excellent meeting review of the invitation for all applicants with district manager Rick Rogers and Stephanie Hill our finance manager and a really good discussion and I think I was able to put across my ideas of what I have to vision for in going into the future and I think that we came up with some really good ideas and how to make this more effective the primary purpose of this is to gain knowledge first and that what I agree to the committee is I've lived in Lompico for 40 years my husband and I had a construction company for 32 years specializing in solar thermal water heating we know project management I did all the accounting for our business payroll taxes, tax returns so I'm very familiar with financial aspects of it I worked on two committees when we were in Lompico the citizen advisory committee I worked with the community directly on answering questions about the merger and also on the Grant and Lone committee and as I said last time on the Grant and Lone committee I worked with two directors who were very much opposed to the merger we were on opposite sides of the aisle and yet we were able to work together to do a really effective reporting and analysis and I included some of the reports that we generated in the report back in this time so that we were able to talk about politics sometimes politics get in the way of doing a really good job and I know that this has become very political and as I said last time I applied a good way of thinking I'm going to do the best for Lompico and when this report looks good it makes Anne Lorenzo Valley Water District look good and that's my effort to promote those good to regain trust of Lompico to do a really good job of analysis and looking at bond committees their number one thing is we take our job very seriously we look at everything and we report it back and that's my goal as well and I hope that I will be appointed to the committee I have so many ideas of things I want to do going forward and I'm thinking if one of the gentlemen who has a strong accounting background applied for the finance committee we would have a perfect world here Thank you Thank you all for coming tonight I'm sorry if Ms. Shapo you could not be here so this is the point I'd like to open this up to public comment would anybody like to comment Ms. Henry Hello Ms. Henry I've lived in Lompico for 47 years I worked on the merger agreement from 2010 to 2016 Debbie Lowen was right there with me helping she wasn't on board but she was a big help and I got this email from John Hayes in August he said I'm headed up to Portland for a few days we'll be back Friday please be nice to Chuck Margaret and Jean while I'm gone you and Debbie should take them to lunch or out for coffee to clear the air beating them up is not a strategy to get Debbie on lap time to build a bridge the only person you can change is you we have never beat up Chuck, Jean and Margaret Nancy Macy said to me one day you've been a great advocate for Lompico and that's what we've been advocates we haven't called your names we haven't told you you don't know what you're doing actually here's somebody not us who was really not very nice people who used words like crank totally irresponsible we had level crank hysterical all gut feeling no reason that's beating people up we have never ever done that to you we have come to you with our concerns we've talked to you about our concerns and now the grand jury has come in and said hey folks people seem to know what's going on with Lompico and you need to fix things and I think that Debbie is a perfect choice Jenny's a good person but I thought the idea of citizen people is so more citizens can come in and work with the district writing on a committee I don't have a problem with her being on the ladder and maybe Debbie's idea about the fellow in the green shirt maybe he'd be great for finance although maybe you'll think Lompico's trying to take over the district but I just hope you do the right thing here whether you like this or don't like this you enter into this what you would enter into this is who's going to do the good job for Lompico thank you thank you Mr. Holloway the board president began this discussion by talking about the matter yet so something was brought up at the last meeting about the matter yet I wasn't here when that happened I went out to get a sandwich or something because it was a long meeting kind of last month I think about doing the same right now but I looked it up after the meeting and the maniac applies to local agencies that happen to the cities or counties doesn't apply to a special district like this one so I don't know what to say I think you should be a little more transparent if you're getting advice from your attorney that the maniac does not apply to this district you should share with the community so we're not just all scratching our heads wondering what the heck is the maniac and what are we in violation of so I'm just going to say as far as I can tell this district cannot be in violation of the maniac because it's not subject to the maniac and that's my main message here but I have a lot more to say on other California law than that thank you thank you any other public comments let's withhold the creek excuse me I think one of the things that Grant Curry spoke about was the need for more public coverage the board has an excellent opportunity to do that I think the board should consider not turning people away who volunteer to serve their community I think everybody who volunteers should have a place and whether that's the expansion of the LADOC committee to 7 or 9 or however many people want to volunteer to help or whether you follow that law and suggestion of making sure that everybody serves in one committee I think it would be a real shame to turn away people who obviously have motivation and skills that the district could sorely use and I think it would be a tremendous signal to community that this board after four years of having issues get identified in Grant Curry where you use this situation as not to start turning that around I don't know two of the people myself but from their backgrounds they look more than qualified to be able to serve on it or the finance committee and I urge the board to find a place for everybody who wants to serve thank you thank you any other public comment you don't see anybody raising a hand so I'll close out the public comment on this okay now we'll bring it back to the board for process of doing this and I'll explain a little bit more about how I think maybe would be a good way to do this and that so what I have in mind doing one of the things that bothers me is in a matter like this that you have sometimes a tendency for somebody to jump in and say this is the way I think things should be and I make a motion of that and you wait for a second and you don't get the thoughts of everybody in the process so I propose if the board comes closer to concurrence on this is that we set this up I've asked that Holly be prepared to pick director's names out so it will not be up to me to jump in quickly as to who will speak first on this and then I will ask all the directors in that order to select or comment favorably on three people and then I'll make notes on that see where we stand on that and then I'll evaluate that and see if we are at a place we can make appointments or whether we need to go perhaps a little bit further on that so Holly would you pull a number or a name from the hat okay and I would go ahead and do okay let's get all the names so what I'll do is I'll go through this order first and if we need to go back I'll go back from the bottom and go back towards the top so before that do we want to have any discussion or thoughts on that one of the things I thought we could do if any director wanted to ask a question of one of the applicants they could do so with this I'll limit it to a minute but it would be one that would be hopefully appropriate for all and would you like to exercise if I have a question I might like to pose but it's the same question I would pose to each of the applicants so would each of them answer in turn how would that work? That's my idea of doing that so I have a couple of nods and I think that's good and in that so so Margaret gets to go first in the selection process I'll ask Bill if you want to pose a question to the applicants I think we have a kind of basic general question would I would like to hear a response from each applicant I'll start with this gentleman we'll ask the question and then all the applicants will respond to that question alright check do you want me to go first or do you want Bill to go first? you want to look Margaret's probably go first because she was the first first name I don't know we'll do that then so my question to each of the applicants I don't know which order you want to take this and perhaps the order in which they introduce themselves just to keep everything straight representing Longpico what is the single or what is the top issue do you think your Longpico neighbors are most interested in? I believe Jenny you were the we're talking district wise for the for the layup what is district wise with regard to the layup and the representation of Longpico Longpico I think that they like transparency and to know that their tax money is being spent and that it's going to projects that were allocated and that tax currency that they want information or you know as far as what's being spent where and on which projects and things that that information would be available to them and just for Holly I want to limit this to one minute I don't know whether you're utilizing that timing okay I didn't know whether you were would you ask people to go to the like parent to speak because I'm here I have the answer yes if you didn't mind the most important issue for the layup committee is to provide transparency to the community so that they know that their assessment money is being spent what it's supposed to be spent the projects that were outlined in the engineer report and that that information will be available to them you know timely and regular basis and that they have somebody that can go to and you know the website and they can get the information on their assessment money and how it's being spent thank you and were you I think you were the second person Mr. Lynch okay and Mr. Wright I think you were the yeah I think what the residents basically want is to understand where their money is going how it's being spent and maybe I don't know if it's something that's available how projects are being carried out or when they're going to be carried out information of that nature well I can answer it in less than a minute it's absolutely what's happening to $600 a year that we're paying for $300 a year per customer where's our money going for is the agreement being followed where can I go to find out the information quickly this is why we need a really good website people do not care to come to meetings but they rely on other people to go to meetings and figure all this out for them and given the information in a very succinct way that you have full trust that it's been looked at completely thank you you were expressing an interest in asking a question what do you think my question would be kind of pretty simple I would like to know when moved to Lompico I was elected in 2008 on the Lompico Water Support I'd like to know I know you understand what this board is basically for there's $2.9 million Bill this is all part of my question that the district on oversight committee and I would like to know exactly your job at the thing is how much time have you looked at the exact $2.9 million exactly what those items are for and you're familiar with that and do you understand that your responsibility of that this money is going to be spent and to just basically keep track of it so I just want to know how much you're familiar exactly how much time have you spent looking at this at the Lompico and how much experience you have with that okay sure and when you moved I guess is not really the gist of it but if you want to say that too there's a couple of questions in there but go ahead well you said no Bill you've asked a question this is not an interview process I'm just trying to answer the question did you follow the whole no I don't know how to do this but this is a single question let these people and answer the question okay thank you anybody else like to answer okay to Lompico I think your name is on it so I mean I've had this since then I don't know how many years ago that was maybe four so I've been familiar with the report and you know the projects I like because you know when I got it I was new to the community I have maps in it and I actually use those for another project so I've had this and I've referred to it over time also I was at the last late afternoon and you know the progress that was being made in the stretches that were presented at that meeting as well okay thank you so I'll be completely honest I'm not very familiar with everything we outlined I have two small children full time job so my basic understanding is that we have funds at earmark to go towards the infrastructure and Lompico and building that infrastructure up and improving it so that we can have water for a long time thank you I think the question is how much time have you put into understanding the engineering important of LADOC and what's required of the merger is that correct correct 110% of my time has been on it I've been to almost every LADOC meeting I have been to every merger meeting information meeting I have organized meetings to explain how to do the merger I've worked on a community that was to explain how to do the merger and I have helped facilitate an ad to a website that was set up that was by the way committed by many government agencies and used as a link to help other people understand what the merger is about what the money is for why these particular projects were chosen and I love thinking about all of this and I really would be excited to be able to explain it to other people and I totally appreciate John's answer because that's who we want to talk to and we want to get that information out okay, thank you thank you those are my marks especially my primary one because that's really what we're looking for is whether they're connected to what the community wants I have comments but I'll hold this off because the questions are finished okay I guess I have this has been a difficult time getting to this point okay because there's a grand jury report out there and there's a response to the grand jury report and the district has put a lot of time into and thinking about how to respond to the grand jury report so I would like and we're going to be continuing that process mostly for as soon as possible within six months but some things will take longer to do than that so I'd like to get a feeling for whether you're comfortable with what or if you're not comfortable with it whether you're willing to work with the process that the district has outlined for getting flat-out running so there's certain things about this that are a little bit has had discussion about them about how much of the whether engineering the timeline of implementation of projects and things like that or something that should be discussed at LADOC and there's part of the grand jury response that says that this should come to the engineering committee for example so if you've thought about these things I would appreciate your thoughts on how you would work with what has gone before with the district and your community as far as how you'd be going forward so would anybody like to respond to that it's a difficult question I know the grand jury report and also the district response to the grand jury report I see the role of LADOC as looking over the expenses how much money has been brought in from the assessment and where that money has gone to and communicating that information to the community in a transparent way in a reliable way but as far as LADOC is not project managers or to be micro managing the implementation of what goes when and where and how and that type of thing it's our responsibility to pay attention to the finances and the money coming in and how it is being spent and that's our primary responsibility thank you I saw you gesture Jenny gave me a brief overview of what my responsibilities would be and I just understood as being given spreadsheets and doing arithmetic and making sure everything checks out and I don't really want to do anything broader than that I'm not interested in anything else I feel I can do that and as far as communicating to the community I'm happy to talk to people at meetings explain things that I can I really like the idea of a website that makes sense everyone can participate going online and saying what's going to be done saying if everything is being done as it should be that's all thank you and there's not an obligation to but it's a welcome but anybody else like to respond to this probably not okay basically a question regarding the noted the fact that there's a grand jury report out there there's a grand jury response to that and if you felt comfortable working with the district's grand jury response to that report and in particular I mentioned at least one thing for example the management of projects would be referred to the engineering committee the question is there going to be a separation between projects and the finances to a certain extent the projects are integral to the last committee understanding the projects and being able to report to the community about the projects we had a really great discussion as I said with the manager and finance manager about what would be important information to include not engineering not planning but when I looked at on committee oversight best practices definitely they say and I know you're not adopting it now but I think it will be something to consider for best practices for bond oversight committees they do have a very big overview of the projects of the projects timelines of the bid process of knowing that it's being done correctly again not the planning part of it but the overview part of it and certainly a timeline but I also understand you're not ready for that and I'm willing to work with a look at strengths of the grand jury response until that's fixed thank you I'll come back if you have a question but you can call that questioning and come back for some discussion and then we can implement maybe some sort of process of getting consensus so I'll open it up to the directors for any comments I like the diversity it's so nice to see somebody that's a lot younger than me because it's hard to get people in US families to participate so we understand why we don't have younger people participating but it's especially important I think to get people with children who are focused on different things because they represent an important part of the diversity of the community so I know it's harder to get people in that demographic but I certainly appreciate your participation your interest because I think that's important I do think that the one thing that came up when talking about the scope of the committee the expectation of the applicants is developing an expanded charter for the committee the language of that it's a bit tricky at the moment but I see my vision of this is an oversight committee it's not project management it's not micromanaging because that is not what we have for but we also have the engineering committee so I appreciate your question for that sort of highlight for me so I think we do have multiple communities within the water district and a lot of those will feed into Ladov because it's going to be a little bit of all these different going to be some environmental issues it's going to be some construction and engineering primary charter is always going to be financial because that's what the assessment district is about is the actual money that residents are assessed so I see that even with the language of the charter not developed yet in full that's what I'm looking at when I'm looking at candidates because something is going to be primarily financial oversight but with pieces of the other parts of the process it's going to fit as well Bill I really like the idea that Mr. Bob Fultz brought out that there's going to be some other spots there's I believe some of you are really a good fit for the Ladov but I really like to entertain the thought of just I think some of from what I heard some of your talents might be better suited over in one of the other committees so I'm just really very happy that you are volunteering coming down here and letting us know exactly where you want but for whatever reason you don't get on the committee tonight or really because I think tonight we decide on Ladov it's the only one that's on the agenda but next month we need somebody on the engineering committee correct and we also and the budget well I'm not sure but it can happen tonight so if you do not get on the committee tonight I just really hope that you can stay on and get on one of your committees and that's the only thing I want to say thank you I'm looking further to add that I would make a motion for one appointment if that's how you want to start this well I'm putting it might work that way but I was suggesting and it doesn't have to be this way is that you would actually make three suggestions you're the first in the list that you would tell three and then I'll go to then I'm the next person on the list and then go to you if that's comfortable with everybody then I think that's a good way to go through it move that the following three individuals are appointed to the Ladov Dennis Lynch, John Wright and Jenny Gomez okay thank you um I will I'll follow in that those are my choices also and Dylan I'm Jenny Gomez and Mr. John Wright okay Jenny Dennis and John okay so based upon that um I will make a motion that we approve that we accept as onto the Ladov committee the three applicants Jenny Gomez, Dennis Lynch and John Wright okay is there any further discussion at this point I don't hear any so Holly would you give us a roll call vote on this absolutely director Bruce yes director Radcliffe yes yes and director Swann no um so so welcome of the three of you and I appreciate everybody who applied especially those who came and you're right there are other appointments available for other committees so that's a good possibility um so appreciate people being here tonight and I don't think there's anything else um informality of this so these are the appointments would you like oh yes I'd like to do the staff first meeting in October Stephanie Hill director finance manager myself will be attending the meeting as support staff um we'll put out the first agenda please those of you who are not selected I really want to thank you and I hope to encourage you to attend the meetings I would be part of the discussion and staff will supply you the same information and supply everybody else of course we're very valuable to the community that's what I had to talk with okay oh what was um what was the date that you said you said mid-october okay to be determined by people's availability okay I have a question I don't know if this is maybe I can ask a council about this one of the comments that was brought up during public comment was regarding the actual ability of the Mavie Act and our decision to defer the vote until today if we could respond to that are we ready to and I don't remember mentioning it this evening um that is a correct point I looked at the Mavie Act for the first time during the meeting and only saw a portion of it it was not an act that was familiar but I thought somebody who brought something to my attention that I hadn't previously been aware of that I interpreted on this spot um it wasn't until about a week later that I expressed in the meeting which is that it does not although it says local agencies in the portion that I was interpreting it's specially defined to apply to the counties and cities which is not typically how they understand its local agencies so I have an incorrect interpretation on the fly of the statute but in this case okay and I'll say that having heard this from you I would rather postpone something based on the principle of better to not make a mistake to solve your problem and not make a mistake in the process of getting to that so we've all learned something about the Mavie Act now and we'll know going forward thank you for clarification and I'm happy to announce that we have everything resolved and as of this afternoon everything has been submitted just happy with our mitigation measures so we are able to say I'm sorry I apologize for the type of one here that NEPA has been completed which is basically the national environmental regulations that we've had to meet for this since this is federal funding we have to comply with NEPA we do still have to comply with CQA but not as far as this application package goes so the next steps are USDA is actually looking at the whole application making sure that everything's in order we do know that we have to submit a revised application tomorrow with all those mitigation measures so one of my co-workers actually revised it this evening so tomorrow morning we should be able to hit submit for the last time on this application package then we're just going to wait on approval from USDA and again that application package does not obligate the district to any funding it is simply an application package so after that once USDA approves it it'll come back to the board with the full contract and all the information and then the board will make the decision on how they want to move forward on that and then lastly to complete the projects we will have to finish the CQA process so we're still doing that in parallel so that pretty much by the time the funding is in place we're going to go on all the projects all the environment will be complete from a national standpoint and last since this was information only there's a new recommended action by the board of directors on this item thank you any public comment on this I appreciate the public comment we're 8.8 million now and we originally started out much to the lower figure and the public has asked how do we get 8.8 million from where we were originally maybe you can touch base on that absolutely so when we started this process we started the conversation a year ago we formally started the process last December where we were joined the PDA when we started talking with USDA we had a list of projects that were based on the CFP and we took the top ranked ones once we got into the process with USDA there were certain ones that were applicable and we revised our project list so we've seen some numbers and then what happened is USDA we recall had a surplus of money this year so they asked us to hurry up and expedite all of this so there was a rush to hire an environmental firm there was a rush to get everything done by certain deadlines and because of that any of the projects that were environmentally complex we had to remove and replace so our project list now is very different from the place where we started which was at about $5 million also as part of this process as part of the PR we had to redo cost estimates for the final project list with 2018 numbers and also projecting forward what it's going to cost in construction years so when you're talking $8.25 million some of that is actually saying well we're going to construct this in two years and we have to predict what the construction environment's going to be for that so you have very up to date cost estimates we started with before were a few years out of date so the biggest issue is that the project list completely changed from when we started with $5 million and that was due to environmental yeah there's one either on the agenda or anyway it's a request for $50,000 from our cause is that the next separate item okay when it comes to doing the CEQA I know that the USDA has some leverage when we go to the agencies to get answers does that help us with CEQA as well? a lot of CEQA and NEPA overlap they've been extremely helpful with SHIPO and exhibition wildlife things that processes that typically take six months for done in weeks so regardless this is an environmental from an environmental process okay it's nice to know I guess I have one question I think we worked pretty hard to get pretty simple environmental projects in this that would not require heavy lift on permitting so I heard you say that the project list has changed because of that but I guess that one project or multiple projects still have a red like a frog issues on them or there are two that have the red like a frog and I think there may be a difference of opinion of whether there actually is red like a frog there but we had to go with what fish and wildlife said so we originally said there should be no impact and fish and wildlife came back and said so we worked it out though with them they were actually I think pretty reasonable and we were able to compromise in a very short amount of time so good okay if staff doesn't any more comments on it okay then public on this item anybody like to speak Mr. Ferris could you because others have you actually oh no I was just I was trying to remember who had asked that people come to the lectern Blue Ferris Hilton since the number of projects has changed and the dollar value has changed do you have a list of what exact projects 8.2 million in sales do I yeah let me get it on sure I can send it to Mr. Ferris in the morning I can send it to him in the morning I gave that presentation at the last meeting other people might be interested too I do believe it's on the website it is on the it should have been submitted because I presented it at the last meeting so it should have been well double check and send him a link or something okay good any other public comment on this Ms. Lowen yeah I'll just ask from here so when do you anticipate you're going to turn it in tomorrow how long do you anticipate they will not be a solid answer so I had a conversation with USA this afternoon once it gets submitted it actually has to go to Washington DC for approval so their fiscal year ends at the end of September we've been on the list for a very long time and we are very lucky that USA will be advocating for us so we are hoping to find out soon at the beginning of October we have been told that if we do not make this round of funding we are first in line for the next round of funding so as soon as federal funds are allocated which they expect to be in November then we would find out then that we got approved and we're not expecting we are expecting to be approved so the difference would be six months maybe two months as to when the contract comes back to the board I saw another hand up Mr. Fultz just a couple of quick questions what interest rate did you use to calculate the original I don't know what in the world it's like four to five four to five and over what time period because this has to get we don't get the money until all the projects are done it was roughly like three years I think we somewhere around six and a half really need thank you anybody else we don't see anybody else so come back to the board but there's no no action to be taken okay and I think we've had our bite at it okay let's move on to Item 9E which is what you were mentioning here Bill which is discussion and possible action regarding a request for an increase of $50,000 in current on-call as needed engineering contract with WSC engineering and staff is in May 2017 the board awarded an on-call as needed engineering contract to WSC engineering which is attached in your packet to exceed the price of $60,000 the intent was to provide engineering service to the district with small or emergency projects without initiating an RIP request with proposal every time services are needed covered under this contract with pursuant of lending options in front-end documents for the past simple well portion of the Barricade Road pipeline the Highway 9 storm repair pipeline project and extension of staff services in November 2017 the board awarded an amendment of $20,000 in order to continue work as needed items including finishing design and coordinating with California for the Highway 9 storm repair pipeline project and funding support staff is requesting an extension to the current on-call as needed contract the district has with WSC the date this contract has been very effective in providing critical engineering services and high priority projects of the district some of the projects that we're working on now continuing we're going to be creating standard drawing for fire riders water service and gatehouse standard drawings are very old they don't reflect today's materials that we're using can we supply those to contractors for bidding for install such as you have agreement tonight for a new fire rider and there's other agreements forthcoming we're going to be writing an RFP for the line tank access road and support design which was two years ago slide the line tank we finally got the engineering work back and now the next step is to move ahead with an RFP for repairs and we have other various projects on on-call we will be working for WSC on the Air Creek Estates RFP this is an important contract and we request the board to increase $50,000 Kirsten is here she is with WSC to answer any questions the board may have thank you okay we'll go to public first any questions for anybody in the public comments I think this comes in more of a policy question relative to how to hire outside contractors I know even Mr. Hammer for the board may have some concerns about the number of type contracts that they live and I'm not saying that WSC doesn't do a fine job it's just there's two considerations here one is I think we have a lot of eggs in our basket and sometimes supplier diversity actually can help that in terms of being able to pick up loads here and there and the other is periodically you just need to check the rates and that can only be done really through a different kind of process than in the process at some point obviously tonight is going to pass but at some point I think it would be for the board to consider a different approach on some of these contracts we've had a lot of different contracts over the last year, year and a half or so I think driven a lot by the former general manager but I need to see that continue into the future thank you thank you I'll ask for any other public comments before we come back to any responses or discussion I don't see anybody wanting to say anything to this would you like to? Just one important thing I left out the OEC is also getting the APRBs out to be finishing up on the proposal on construction because I won't be going for PRBs yes, very good okay thank you and any other Bill? I know this district as an engineer has quite a bit of engineering work I would love to do just as an engineer I know that there's a lot of work available before we had some in-staff engineers working in the future maybe we might consider actually having more engineering but at the present time I believe we need to proceed with I believe WSC has been doing a great job up to now and we need to make sure that we keep moving forward with all the infrastructure improvement projects in my opinion and so I think this is a good thing but towards the future yes, I understand the thing about bidding contracts but you have to realize you have to go through a big process and I understand the concern and I think that at this time I don't think it is but in the future I think we should actually consider getting public bids for the project so I understand Director Henry's concern in that regard but I think I don't really have an issue with this $50,000 thank you okay any other I agree we're in a time of transition at the moment and I think it's good to keep this continuity and keep this stuff moving at the time at this current time looking at this someplace down the road as to whether is always something to be revisited at some point in the future but not this evening so if there's any other board discussion then I would entertain a motion okay I think we could probably do this on a voice vote all those in favor aye any opposed none this passes 4-0 with one person absent thank you yes thank you okay let's continue so the next item item 9F on unfinished business is the Board of Directors meetings rescheduled this seems pretty forward with Mr. Secretary plus I so on July 19th the Board of Directors voted in favor of moving the location of the Board meetings previously scheduled for the Boulder Creek Fire Station to the Zionty Fire Station we were not able to hold the August 16th meeting at the Zionty Fire Station because the Zionty Board of Directors must approve all meetings at the station and they were not going to meet for that date of August 16th we were approved for the November Board of Directors meeting but now we have scheduled a public hearing for the Fair Creek Estates wastewater prop 218 on that date so the Fair Creek Estates customers requested that the meeting be held closer to Boulder Creek we are now suggesting and requesting that the October 18th Board of Directors meeting be held at the Zionty Fire Station I was hoping I would have heard from them by now and I haven't heard from Chief Sykes as of today but I'm expecting that that should not be a problem and I'm hoping that we can move that on October 18th Board of Directors meeting to Zionty Fire Station and then the November Board of Directors meeting will be held at the office building across the street our regular board meeting okay I'll go to the public first on this in case it affects anybody who was expecting that at a particular time Ms. Gomez thank you for working to make that a meeting location I think it's a great facility it's a lot bigger than the office thank you okay, Mr. Holloway this board needs to meet twice a month I think we need to start going along I can specifically remember Brian Lee saying if you wanted to spend more time with your family I think that goal has been achieved and you should go back to two minutes so you can get more work done and people won't be exhausted at the end okay thank you anybody else want to comment on this okay I'll bring it back here and I'll comment on this I basically agree I think there would be good occasions we could be having two meetings a month and we should consider that I agree and work out the details of the content of those maybe appropriate for a heavy different natures for the two so any other board discussion on this okay I will move that the meeting times be changed as they are in this perhaps could be the proviso if we cannot get the place in Zanity it would just come back to Boulder Creek as a fallback position okay so hopefully we can do that there okay so I would do I would move that it be held as the meetings be rescheduled as this with provision that the other meeting if it cannot take place in Zanity it would be back in Boulder Creek second any discussion so let's do a voice vote on that all in favor aye any opposed hearing none let's move on to the next item on the agenda so we can move to new business so the first item on this is the San Lorenzo Valley habitat restoration program an impossible action by the board regarding the SOV habitat restoration program presented by Linda Skeff so I believe staff would like to pardon sponsor program which is looking for a funding from I believe from the foundation of San Lorenzo County and they would like to consider getting support from the community so their primary goal is to navigate to Mississippi to use it in our community to like focus some of that work on district property but not all of it and so we'd like to sponsor this program to work with the Air Force that's quite a lot of work done for very small working with volunteers and community members in the Air Force to get all the work done okay thank you okay you know I've had a suggestion but we take a five-minute recess we've got quite a few other items we're going through them fairly quickly but let's take a five-minute recess and reconvene at 8.30 meeting the San Lorenzo Valley what are district's board of directors meeting at just a minute past the anticipated time 8.31 we were discussing the San Lorenzo Valley Habitat Restoration Program had you completed your okay before I go to the public for comment on this what are the obligations of an annual sponsors okay ship $1,000 is that an annual sponsorship or is that essentially a one-time donation so this is no long-term obligation okay excuse me chime in with a comment regarding the American word service and the value this program provides to this cadre of young professionals it's very much like our watershed education grants in that it exposes young professionals to great work experience to great community engagement experience and provides a great resource for perhaps bench for us in the future and gets a lot of valuable service for the community done for very little money okay and I just want to make another weird comment about turbidity after the film one of the other things they really focus on is erosion control around other projects and using them as a model for homeowners who are interested in doing that that's one of their goals is that people who own private property can perhaps look at some of the work that's been done by this program and get ideas for managing their own property and one of their big things is erosion control through mulching and that kind of thing so I thought that's also sort of ties into some of the project they've completed in the past years which I thought were useful specifically here in Highland Park but I think I've been there in part I believe they did some work at Quail Hollow I know I know a lot of her work that she's done that's just great and so money was spent and I agree I think you do get a lot of work done for relatively small amount of money and these are good things to support but anybody in the public would like to comment on this you don't see anybody wanting to comment on this one right well okay you're just as important now as we were earlier so with no public comment on this okay and do we have some consensus on the amount a thousand okay do I hear a motion to do this effect we support the San Jose Valley restoration program we have a donation of a thousand dollars okay I'll second that and I think we can do this on a voice vote all those in favor aye any opposed hearing none it passes 4-0 with one director absent so let's move on to item 10B which is the Olympia mitigation reserve endowment so I think this would be good for staff to introduce or either of you okay and now our land trust this is the budget finance committee wise for sure at least once when we were recommending the community foundation of Santa Cruz County to fund the endowment the gentleman from there did come and do a presentation on it it was pretty well received A there's not a whole lot of them out there we did work with them on you know it's not free I mean the fee that they presented was about one and a half percent their returns were well they did do a scale fee so depending on how much we have in the fund the fee can go from one and a half to one and a quarter down to one percent so over time you know if the fund continues to grow the management fee can go down they do offer two different funds that we need to select from tonight is the second part of this I recommend that the board select a socially responsible long-term pool as a fund for agreement they included some of the pamphlets that they have in that but I feel it goes in line with the districts atmosphere giving back to the community they invest in socially wise things to avoid controversial items such as alcohol, tobacco so they invest in more environmental and social responsible type of investments I guess I have one question I didn't see a cumulative number for the return over the period for which the graph was maybe it's in there some place in Mr. Lee's presentation that the socially responsible one was not much different from a long-term portfolio it's not much different I mean it's more but it has been responding better it's been having less volatility okay it's invested in perpetuity the district is not able to invest in perpetuity the way that the development had intended to be you know this is I think the best fit for the district to be able to gain the types of reserves that are going around the habitat management okay not many other questions fully funded with the entire mitigation bank do we know how much might be would you get into the lower I mean the lower fees areas eventually the mitigation area at 6.7 acres right just under 850,000 okay I believe I did some calculations and I don't have the numbers in front of me but it's roughly $30,000 a year okay okay any other discussion I appreciate the opportunity to select this actually responsible okay but less volatility okay although 2008 was all of them matter how we cut it okay did I hear a motion did I like the public did I miss the public comment well thank you for reminding me always do that please so the alternative is to continue returns above the social fund and the alternatives yeah that part of it is getting on returns are yeah no the returns are oh yeah they have their different it's in the packet I think they have already different returns yeah I wish yeah yeah I know which one it is on there for that one they have the well when we're selecting versus an alternative it wasn't that good she pointed out which one it was they have the two long term I don't know if they call it on there one where they have all the different the different 7 or 8 of them are you looking at page 8 yeah okay so it's RLT I suppose we fit that one and they have the one year or your date was 1.38 one year was 6.7 three years was 6.5 7 was 7.18 and since inception was 5.74 when did it when did it start 2004 yeah yeah so it's definitely a more new fund than the other one the other one that they have and then alternative the alternative was their long the general long term portfolio and I believe that year date was 0.82 one year was 5.33 three years was 5.8 seven years was 6.78 and since inception in 1995 was 8.9 well this particular investment with the community foundation is basically a Morgan Stanley investment I spent years trying to extricate this district from a brokerage account with Morgan Stanley one and a half percent when you had committee meetings I said even if I had chosen this for my career path to be a financial professional and make investment decisions for people I could not in good conscience take more than one percent so one and a half percent if you ramble ground is to say when there's only one alternative I start looking for other alternatives that's exactly what this is this is one alternative in this county two years ago I was involved in a political campaign against measure Q measure Q was financed by the Gabriel college foundation to the tune of $250,000 we had 5,000 against it and we beat it I'm working against measure H the community foundation has been voted in the Senate they're going to spend $300,000 back in measure H so this is what your one and a half percent is going to go for it's going to be selling us the voters on new taxes and I frankly I don't think that you can make housing more affordable by putting a tax on everybody's house that's absurd so that's what the community foundation stands for there needs to be an alternative and you have not figured out what it is you've spent months looking at this you have no alternatives you're going whether or not fully this is the wrong thing to do you've made this mistake with more than standard before okay thank you anybody else I've seen two thirds so close out orals and come back to the board so anyway the fiscal impact is $25,000 but you're saying we're going to get that money back more from the thing or is it going to it's $25,000 to start an endowment fund with them we have to follow mitigation alone I believe this about 100 yeah 118 somewhere in that thousand that we have to fund into this fund so it's going to continue to grow upwards of that 800 roughly $800,000 over time as we do these projects we pay into our own land bank to where we're at least earning interest versus if we were to just go to the other houses where we just don't see any benefit of that okay okay question with regard to Mr. Holloway's question in your examination of how to set up an endowment did you look at any other institutions were any other available responsive I forgot the name of the other company it was non-local they didn't really seem receptive to it we didn't get to the point of them giving different places and stuff like that but from other people that had used the community foundation they were comparable so a lot of it was a lot of it was deemed it was a look at other agencies there's not a whole lot of places doing doing this they do seem to be in a niche where they are charging roughly the same similar rates like this and so the attractiveness was this was a local a local option okay any other I don't either really do I interpret this correctly that the seven year return of the two funds that are in here is 6.78 and 7.18% okay yes they perform fairly similar this one is happening to be performing better socially respite than their regular long term I thought the socially responsible aspect of it also definitely had some value okay any other discussion anybody want to make a motion on that there will be two actions okay the agreement is really long I know I'm sitting there scrolling I knew they had the slides okay oh we need to make the choice of which funds which cool yeah we could do a two part motion so it would be President Boffman so we're looking to have to approve the endowment agreement and to select the socially responsible long term pool as the fund for the agreement would there be any value in making those separate motions or just put them together they could be dealt together okay I'll make the motion that the board approve the community foundation Santa Cruz County Agency Endowment agreement for the Santa Rosa Valley Water District Olympia Wellfield Habitat set aside endowment fund and okay okay and that we select the socially responsible long term pool as the fund for the agreement further board discussion no then I'll call this one for a roll call I mean for a voice vote also aye okay passes 4 to 0 let's move on to 10 C which is proposed resolution number 7 1819 to update the district's policies and procedures for conducting Proposition 218 proceedings is there a copy for the public pardon is there a copy for the public okay sure please in connection with the upcoming great increase for the states I took a look at the district's rules and regulations related to Proposition 218 proceedings there were some cleanup changes that were desirable a lot of regulations simply tracked the language of 218 and some of the laws that implement 218 so it's a little bit unnecessary but in places where it deviates from the exact language of the law and in some cases those deviations are helpful in the directive of the district's process and in other cases they actually deviate from 218 and the relevant law in ways that really shouldn't be embedded in the district's regulations there's also places towards the end of the regulations where they become repetitive and start to conflate some of the article 13 in D section 4 processes with section 6 including protests with ballots and so I propose to some changes to clean up those issues so that the district's regulations more clearly okay one of the things I noted that one subsection was deleted in its entirety and is that is that something that's extremely unlikely for us to ever use or why was that the reason for the deletion is that toward the end of the regulations is where they became sort of repetitive there were sections that repeated prior sections and in addition the regulations shifted from talking about protests to ballots section 4 concept instead of section 6 concept making them relatively useless as recommended so I did it okay any other board discussion before we go to public comment on this I don't hear anybody so public comment yeah gosh you know this looks like the sort of thing that you talk about endlessly in an administration committee and I'm surprised that you just sperm it on us with no community discussion at all I sent an email to the administration committee months ago and I said one of the things that's the matter with this whole section is that it continuously refers to Roman numeral 12 when this is all about proposition 13 which is article 13 of the California Constitution so it's Roman numeral 13 I actually talked to some people last year that wanted to sue the district because they thought the district had sent out a bunch of stuff that improperly referred to article 12 of the state constitution and that made this entire process last year illegal well I don't really know if one of you but I do think that it's a trivial change to go through here and in terms of Roman numeral 12 Roman numeral 13 and I emailed the administration committee months ago so what you do when some of the emails you just bury it you just bury it and now you've got your attorney realizing six pages of stuff but that's not one that you're going to do no, no, no, we're going to still be talking about as well with the constitution the main thing that people get confused about with Prop 218 and I've seen this for at least five years is when is there required a ballot required a protest, a no I think some of you wrote a letter just a few weeks ago complaining about the saint why don't we count the guest votes well it's very fairly stated in article 13 and you refer to section 4 section 6 and I think that's probably what E&F are here for one is trying to talk about proceeding under section either 4 or 6 and the other one is probably trying to talk about the other one so one of those proceedings is about assessments which is kind of like what happened with Longpeaker they're paying an assessment they voted yes no but when we do a water rate increase we don't usually vote yes we only vote no and there are two kinds of proceedings and they're both described in the California Constitution which they don't even mention the right article here and head to toe I think you ought to work on it more any other public comment okay none we need to it would be good to have this passed this evening so that we can address the next item on the agenda is that correct it doesn't need to be done tonight if there are concerns the easiest thing to do would be to pass the resolution as adopted with those provisions from article 12 that should be changed article 13 so that could be done tonight if there is a desire for the admin committee to take a closer look at this before completing this round of cleanup that's fine too okay any other any admin committee I think it's a good opportunity for the members of the admin committee to take a look at it if not to further refine it although there may be opportunities here but to make sure that the members of the admin committee have had a chance to take a look at it and publish a chance to be acquainted with the changes as well so if it does not compromise the schedule and move forward with the very brief mistakes I would prefer to come back for a minor correction and at least a brief presentation discussion at admin what would you think of approving it with the provision that the article 12 corrections be made and come back to admin for another look that wouldn't be part of the motion but I mean they would be part we would agree to do that I think reasonable then it could be just a discussion item to see that we understand it and the public can comment at that time that approach works and I would just add that the provisions that sort of confusingly or cryptically refer to I believe section 4 could be re-added at some point they're not something your district has exercised in a recent history re-added in a way that actually makes sense but that could be something for another day right I'm a bit inclined to get some improvement done this evening I agree and then revisit do I hear a motion I would move approval of the changes in our Prop 218 process and this would be Proposition number 7 18-19 revisions to policies and procedures for conducting Proposition 218 property related fees and charges proceedings with the provisor of that in the future this revised policy and procedure would come back to the admin committee for further discussion and the Article 12 should be made Article 13 I'll second that motion any other discussion I sense that this can be on a voice vote as well so all in favor I opposed none let's move on to item 10D the Bear Creek Estates wastewater rates Prop 218 so with not many in attendance I think this speaks well to this item tonight so we had multiple meetings with the customers out in Bear Creek at the most recent budget finance committee meeting we sent them the proposal of this they all seem to be pretty well received on it originally from the original we created a great study we did the full throttle proposal to them which was doing more so in kind capital replacements building reserves more so that we'll take the brutal for what the full five year rate increase was from discussions with them it was pretty clear that there is a big capital need out there in the near future and we don't have the answer to it yet because there are studies that we need to do the districts and did a proposed three year with certain benchmarks in here that we're going to try deadline for when we're going to hit some of these different things and the idea is to be able to cover the increased operating costs and pay there's $65,000 built into this to cover the study that is being necessary to figure out the capital and to start chipping away a little bit at their their ongoing loss this will get us to the point of in three years we should be able to have a study that we can then sit down with them and have a more realistic conversation of what the next best step is and have better prices in the time different stuff like that and have a more well informed conversation in three years from now okay first go to public any comments on this Mr. Cools so I think it sounds like we finally have reached a decent conclusion of the American state I believe this conclusion could have been reached a few months ago the last meeting six months well before the last 2.18 process that they would have if the board and the general manager had actually taken the time to communicate with the very specific with that general manager gone I have no doubt that our departments may do a fine job of that but it really was who I think the board is managing the general manager and these kinds of things when the original proposal was to drive up the rate so fast in the first year even Brian Lee admitted well I didn't think it was going to pass I just wanted to show you something it's almost like trying to manipulate people into sticker shock to try to get somebody it's like you didn't have to do that the people in the very precinct states are all very smart people I know that money is owed I have no doubt that they want to make sure the money is back to to a good place but what they don't want is they don't want to be put on yet another four year or five year program where they're completely ignored in terms of the longer term solution that's needed to their problem and then the 2.18 process comes back and all of a sudden they get attention again so we know this is an ongoing issue at some point the system they have is going to have to be replaced it's probably going to have to be a step system or some other kind of system and so hopefully by the end of this three year not only do you have a study then but you're actually further along that and I hope the very precinct states people hold your feet, the board's feet to the fire so that something significant gets done with muddle along for the next few years so I think they've been very generous here in what they've agreed to because it's very easy for them to turn it down as we know but I think the board needs to step up here and basically make sure that this process gets completed when I toured the place in 2014 I knew that this was not a solution that they needed to have they needed to have something different something to work with the board and the district to pay for it I think this is a great first step of trying to reestablish some of that trust now you need to drive it home and make sure that you don't put this in the back burner I would actually I would actually exceed expectations in terms of delivery rather than just meet expectations on the conditions that are also in the agreement it would be a great show of good faith on the board's part and if you don't see any other public wanting to comment on this come back here as we move ahead to one of our plans to get this in front of the engineering committee to start fleshing out ideas and then talking about our process and I'm very responsible and has several ideas and just in front of the committee talk about when we get at the ROP so we can explore we won't explore as many techniques as possible but that was financially responsible to look at and move this ahead and come up with a plan there's another there's another agency involved here the regional board that's got to buy off on this because we're not pushing kicking the can down the road but we're taking a little bit longer probably than they would like to correct the 50% reduction in the I&I but with the regional board my experience in the past if you're showing a good faith effort to move forward and make corrections they usually work with you and keep in mind this is just this increase is just they don't have the Stephanie set they've got a big lift financially and I don't know if it's possible I know Stephanie is working looking for grants and we're looking in lifting rocks trying to find other sources of funding because I don't think rates would be able to cover the whole current rebuilding the system out there it's going to be a heavy weight for those folks so we're going to get created to find money elsewhere as well we hope that we should make these deadlines no problem and have them request a proposal made public by the 7th of December 2018 for a proposal to the most qualified candidate by April 30th assuming the qualified proposals are received request a candidate to have a complete study done by March 3rd of 2021 so it appears that Stephanie said the Fair Creek people are on board they understand they want to work with us but they want to be they want to know what's going on I just want to think Bob I wanted to respond to your comments about engaging Fair Creek we had community meetings and board meetings up there and I must say the first community meeting that I attended it was an educational process and it was a bit of a sticker shock some people didn't even know what their water bills were some people didn't understand why the whole district shouldn't bear the cost of the wastewater so there was a lot of groundwork to be done so I think that was well before the 2018 process we started a number of months but there was a lot of outreach and I think it was effective as I say some people were very aware of the situations particularly long-time residents up there others were completely in the dark it's some sort of thing you don't like to think about unless you're forced to so there was a real learning curve for a number of people up in that neighborhood and it's a bit of a shock Stephanie went up a number of times and explained the financial side of things and we were also discussing the regulatory the compliance part and the political side like who else is going to will the county take over the system no the county doesn't want to do it lots of options so a lot of non-engineering solutions were discussed that were political or financial and they were eventually abandoned as not applicable or not feasible so that was part of that long community discussion and I think people are now all on board like yeah there has to be an injury and solution and this is the way to do it so I think it's great that you were able after our last meeting up there to get together with that group of homeowners and sort of hammer out this because when we saw them at the at the recent committee meeting they all seemed to be on board with it and they seemed to be really understanding what was going on so it took a long time to get there it's been about a year I'm guessing but I think it's worthwhile because I think they do understand it's a short term solution in order to get the information they need to be brought in about a long term really increased so I think everybody that I spoke to understood that yes this wasn't the end of the story it was the beginning of the educational process and it's still going to cost them money so I think it's a great outcome that you were able to get everybody on board to get to this point I agree that the fact that there's nobody here this evening shows that the buy-in is significant I know the budget and finance committee have worked very hard on this and I know staff has reached out to the people in the community a lot so thank you for getting something meaningful and not the final solution but it's the right step and it seems like it's the first step of two steps good any other board discussion at this point? my involvement with this is I saw that $370 a month and I said wow there's something didn't seem right to me so anyway I had the idea of installing this system recycle which I think I'm not saying it's the best thing to go but I understand the rate increases there's three parts and one is the cost and what I really don't know about this water district is for example if somebody the staff goes out and does a repair does he put that on the sign so I know I went and I repeatedly asked Brian hey Brian can you give me some cost information on the past anyway so I have not been provided with that and then the second cost is there were several repairs from the engineer reports that I don't know there was or whatever there was like about three or four different projects that were done so there was increased cost for the system the way it was doing and then finally there's a study thing and I don't really think that I don't think this is rocket science I think there are certain studies that need to be made and I'm not saying my plan is the right way but I do believe that we can get proposals at no cost from engineering firms hey what do you recommend here and then what cost we do so that way we would have that third thing that third cost down my recommendation is that all these numbers are backed up in total that I have you know I've been asking let me see this because when I got on when I talked to Matt Pichotto you know something I'm not really sure if that's really good the other thing was we also discussed the part about the accounting taking over just taking this whole thing over and it's only 56 houses so but it's also environmentally beneficial thing I'm not sure I'm trying to impact what I've been told is the nitrogen pollution in the river is many factors ionized infiltration why don't we do this in engineering this is the absolute thing and I look forward to this and I think Rick looks forward to it well anyway we should put it in the engineering committee but I guess my point is is to why don't we just get a package of the numbers together like I said those three different things and then finally the third thing the engineering committee that will decide now engineering doesn't decide a lot it recommends and then we can get proposals rather than just say you know because Brian I think the other thing just said just want some of a hundred whatever thing I believe that we can take that out and get proposals okay okay thank you we have engineering committee coming up not terribly far from it now so so we're asking for two part to the agenda we're asking for the board to direct staff to proceed with Prop 218 authorized staff to finalize and be able to draft Proposition 218 notice for coffee owners and customers and to appoint the board secretary of service arbitration okay would you like to make a motion on this well just to back up so what we're voting on just to be clear is I mean we're still playing around with the numbers on this this is the final numbers it's three years going at 20% of each year at the end of year three it would be $257.47 come on well I'm not prepared to go ahead I make a motion that we authorize staff to finalize and be able to draft Proposition 218 notice to the affected property owners and customers and part two to appoint the board secretary to serve as arbiter to this Prop 218 process okay motion a second and discussion is good at this point I see I just want to lay some of your concerns we did talk about during the cost allocation discussions earlier in the year we were talking about we were rising that $4,000 number there was a lot of discussion about billable hours for staff versus unbillable admin time so that was we did have that discussion you may not have been present at that meeting but we talked about specific cost and how you can calculate those I believe but I believe that was an award meeting not a committee meeting but you might be able to correct me Stephanie so at one point I saw those figures and I was satisfied that that the cost as far as the labor and that sort of thing were adequately defined but I can't remember when that meeting was it was some time ago again I saw the information you may know the present though so I can't be sure what that happened and to answer those questions all cost accounting finance codes to fair create each individual purchases materials overtime, staff time separate spots on the time cards is all cost accounting all the charge to fair create what those costs are shall we have a roll call vote on this holly? yes yes yes okay okay let's move on to item 10e which is the annual employee reimbursement and just a revised version for a slightly higher amount than what was in the original agenda package I had the staff go through and do another full audit there were a couple of so instead of the 10,204 dollars and 89 cents it was 11,533 69 cents for the cost of this okay we update we'll put the revised version to the agenda package online it should be noted in the vote there's no action now it won't be part of the record except for the video maybe we just post it with an additional information or something it's an annual disclosure report if it's probably the public agency then a final version would be available in that form I don't know holly do we have a way to put what we'll advise is there a way to post it in conjunction with the board packet so I can change the board packet I've already added it okay okay everybody comfortable with okay and do we need to approve this so we just accept it okay yeah I'm sure public comment on it I have a mean question a meeting question okay I didn't understand well I guess my understanding is the revision was to add reimbursements to board members this we went through a lot of explanation last year about how board members are employed and somehow board members were left off of this report so my mean question is since this is this year what about the last four years I think it was an issue with just this year I'm pretty sure I've seen reimbursements on Phyllis before this year so I'll bet that there's a board reimbursement from the last five years that was not this close I mean I can go back and look that's why I said it's a mean question yeah I mean I had someone go back we did have a recent changeover of staff and so I had someone go through with very specific instructions and so so I got one more mean question this district spent hundreds of thousands of dollars on new accounting software in the last few years and so in my mind I spent my career as a computer programmer and I have a feeling that there's a button you push and the report comes out no because depending on where it gets coded to it's going to it's going to be going to different accounts and so there's no you know this is coded to part of the you know annual disclosure thing and so the way that they do it is they go through all the employees and the board members that we've had during the year and they go through by hand I mean on the system I mean by hand really and so somebody's going to notice that this reimbursement was 50 bucks and it does not get disclosed by hand I mean it's a computer it sits there and you can sort it by a dollar amount and then export it in that means you're getting something and you start with the sort and you throw out the stuff that's below 100 bucks but this part that's at the top includes board members and we're opening up the AP vendor file employee name by employee name by employee name what only happens once a year alright thanks okay I don't think we need to do anything we accept this and good to go okay let's move on to we've got a couple of sheets put together to item 10F the compensation of the acting district manager it's recommended that the board of director review this memo and adopt the attached resolution approving it approving a salary increase of 21.42% for Rick Rogers classification director of operations to the position of acting district manager effective 5 p.m. of September 4th 2018 this is the same way we did it split the difference it's duplicated in the same process it's definitely put the numbers together for me okay seems reasonable to me a bit of board discussion before I go to public is that well I think the last time wasn't it that you were going to take the difference between what Jim was making and what you were making and then split it in half that's what this is okay same thing we did just note last time though the board did award the full differential the full differential until last time that's correct okay I thought that was a good that's fair to me okay any other board discussion first excuse me I presume that depending on the length of the service moving forward we would have the opportunity to review this on an annual basis I assume so okay okay I assume it could change from being acting to a full district it would be a whole process right public comment I'm loosed it up first yeah go ahead sir I'd like to bear with me because this is not a subject I'm used to talking about talking about individual salaries in the day of light in public is in my mind is appropriate but you know obviously you'd have the council review this so I feel compelled to speak on the subject if someone were to ask me does Rick deserve a salary increase I would say resoundingly yes but the way you're doing it I think deserves a little thought in my mind at best this is not well thought out this is too simplistic at worst it's a solution searchable problem which gets me to my two questions number one and Barbara just alluded to it if you give Rick a raise a 21% resumably because he's doing Brian's job if you go out and hire a district manager from the outside do you now reduce the salary by 29% using the same reverse logic I think that's a good question you need to ask yourself before you entertain this and a bigger question number two is if Rick deserves more money because he's doing Brian's job essentially does that mean James deserves more money because he's going to be doing Rick's job and then he deserves more money because he's been doing James's job I mean where does this stop I think this needs to be thought about a little more than just splitting something in the middle and saying yeah it sounds good to me that's my comment I was around four years ago and I think you really did a short trim just now to where it really took place four years ago four years ago Mr. Rogers made the exact same recommendation that during the interim you should make incrementally much on the way to the former district manager and that's exactly the same recommendation that Mr. Rogers is making today but when that recommendation was made four years ago Director Bruce said that's not enough let's give him all of it so that's what's different this time I guess Director Bruce isn't going to speak up like that and say let's give him the 42% raise or whatever it is so I think this is just a reasonable 21% during the interim and I've got more to say about the rest but I think that's fair that's what he's asked for and I don't think you should I think district funds are too dear to just throw them at an employee the way it was done four years ago I think you should give him exactly what he asked for and it looks like he's going to do that as far as the other employees you know I mean this is part of a bigger process and I think we need to hear what Rick thinks we have to do going forward and we've been around we've done this before so my feeling is you know don't repeat the past don't do the exact same thing as before and so it kind of seems to me that we have to hear from Mr. Rogers what he thinks will happen in the future and so maybe all those other employees maybe they should get promoted that sounds pretty good to me that kind of means it's a one-way trip Mr. Rogers there's no going back if all those people get promoted there's no spot left for him to go back to so I think this is a process and we need to hear from him first about what he thinks is right for himself and for the whole district thank you thank you anybody else I don't see any other public comment back here but first of all there's another item I think in the ninth and I'll talk more again about the positions but I feel the conversation is what it is and how you interpret that stuff because that's exactly what happened that's pretty remarkable but the district does have contracts that the director of operations the deputy director of operations is under signed contracts that provisions in there in during an absence when Mr. Furtado was moved as acting director of operation the contract called for an automatic 5% increase to his salary as he is in a temporary position there is no provision in the contract to go to the district manager that's a contract employee so it's a little different on mine this is a little bit more report I feel it's fair at this point in time and the other employees hopefully as time goes on the deputy director of operations position was adopted and filled as succession bank for my position so we have been working on this and they are covered in their contracts but if there's other changes there will be other changes we'll see I think right now I think this amount is correct I'm not recommending that it go to the full 42.83% any other I do say that the situation is different now than it was four years ago so we have people like Stephanie who are now well established carrying a heavier load and perhaps they were some unfilled or recently filled positions the last time you were interim so I think we have a much stronger management support team now than when you did this position before and I'm recalling correctly the vacancies that were either still present or have been recently filled so things were not as in robust condition the last time but the manager's job is still a very heavy load I don't know if there's a lot of cleanup but there's a lot of responsibility in that position and you're not done acting your role as an operations manager is not completely okay in the past of your memory at this time so I have a feeling you have your hands and responsibilities in that also okay um any other what do you want to do that do we have a feeling of you know for the interim salary to be raised the per the was 21% 21.42% okay and then any other discussion we can do it on a voice vote I believe so all in favor say aye aye any opposed none saying no so it passes 4-0 with one absent um let's move on to item 10G which is the 2018 conflict of interest code um I think this would be something good for um sure I think everyone here knows that the district is required to update the conflict of interest code every couple of years um the board does not need to actually approve the revisions to the code but rather allow them to be submitted to the code that you embody which here is Santa Cruz County um I understand that there's at least one controversial issue um in connection with this conflict of interest code and that's whether um board members are covered by um 17200 87200 um ultimately whatever the district's conflict of interest code says um controlling state laws controlling as to um whether that status applies the board members and possibly committee members um my approach to reviewing to revising the conflict of interest code has been to um ensure that everybody who should be covered by the code is required to file the form 700 to report somehow um so if the FPPC is correct that board members um aren't subject to that provision then um they will at least be subject to conflict of interest code which will require them to um file 700 if on the other hand state law requires board members to be covered by 87200 and that is the law there's no way around whether the conflict of interest code is set but ultimately we can submit this update to the code reviewer body and put the reviewer body in particular if the update is appropriate okay so there's no action necessary tonight um the action would be to offer the submission to the but not approval okay um anybody will like to comment on this before we go to the public for discussion on this okay neither would I um Mr. Holloway I might need a little bit more than three minutes but this will lead to litigation um the but section 87200 refers to our public officials who manage public investments at the last board meeting Slate made paves frag about three million bucks in the bank okay that means you guys get to decide how to invest three million bucks of cash reserves also um we just heard this presentation tonight about more than eight million dollars of projects that you're going to borrow money for and again that's millions of dollars of capital investments so we proved after years of litigation we proved in court in this county Judge Gallagher made a finding of a statement of finding a fact that county water district members subject to 87200 um now that's under appeal that's under appeal and maybe Terry Deere was going to skate out of this somehow that was a key element of the fine against Terry Deere and the attorney's fees which were over a hundred thousand dollars so hey if he wins if he gets out of that appeal then I'll agree but for the time being it's been proven in court a Sam Cruz superior court judge says you're subject to 87200 so I don't know where anybody gets off saying oh well if the law says this or that it's been proven in court it's been proven in a trial so if you think you can get past this point now and say they're not 87200 filers you're wrong it's going to get relegated it's going to get re-legated now I guess in the old days this was called collateral estoppel something already came to a court and already got the cycle and the state supreme court came out with an opinion this year that basically said we're not going to have the race to Judicata and collateral estoppel anymore we're going to call it claim preclusion and issue preclusion so this falls under issue preclusion county water district board members are subject to 87200 at least in this county so I'm really sick of arguing about this anymore now the library recognizes this they put it in their conflict of interest here's where I need a little bit more time because of the FBPC it's completely being misrepresented with the FBPC said what the FBPC said was if you don't put this in your conflict of interest because we're not going to enforce it well I don't care if they're going to enforce it I'm going to enforce it and I'm already enforced it and I'm going to keep enforcing it so if you want to keep fighting you can keep wasting money you can waste a quarter of a million dollars depending on your friend conflicts of interest cut it out would anybody else like to speak on this item Mr. Foltz I serve in one of the committees and there's probably a better argument that maybe the committee that we shouldn't be subject to it I know there's been some excuse me, inhibit people from wanting to join today's I'm actually in favor of people having to do that I think most people it's just going to be a one page report and I think people as part of the training to get into serving in a capacity whether it's a board member or a committee need to get used to that I think it's something that in the interest of transparency we just need to do with respect to the ED 1700 I'm really stunned that this would even be controversial you know I do have to I do file a form 700 every one of you and I'm not elected I don't hold the same public trust that you all do and even if there's some opinion or some sort of appeal or what have you one in the world would be not until it's fully attributed so I would just hope that we just kind of do the right thing here and continue to require committee members board members selected employees to file a form 700 just make it easy it's not that big a deal to have an online form now I mean it took me 10 minutes maybe to do it and if someone needs help I'm sure there's a way for one of us in the admin committee or a colleague or somebody to help them out walk through it in terms of what to do but it's actually pretty easy to do this is not a burden of any kind and unless you're doing massive amounts of business locally it really is a one or two page type of form in the facts thank you okay thank you I'll close out public comments seeing that the two people in the public have spoken and bring this back to the board any thoughts from council? well I understand all positions being presented I think that the way the conflict of interest code is written is erring in the side of disclosure and transparency because until the ericase until the appeal of the ericase is final trial court judgment isn't binding and currently there is some contrary it's not guidance exactly but suggestion from the fppc that they view the same issue differently please no no no no please no please don't disrupt this meeting by interjecting comment so the reason that I am suggesting that the board is submitted in this form is because if and I'm not saying 87200 doesn't apply I'm saying if it doesn't apply then the board members are captured by the recording requirements in the conflict of interest code which requires them to record I would be happy to help submit a revised conflict of interest code as soon as the the era appeal is final and that point has become a determined point of state law but in the meantime I think this version decides the transparency now keep in mind that board members should absolutely consult council if they run into an issue that involves trying to decide whether a board member is subject to 87200 or is subject to provisions of these conflict of interest codes please talk to me this is an area where seeking and obtaining a legal opinion is important and I strongly recommend it because state law is controlling whatever state law is not this conflict of interest code so if you are subject to 87200 those obligations under state law those obligations are controlling regardless of what this conflict of interest code says so please consult with me for any specific situations that may arise and I would hope that you would reach out to the director who is not here this evening so that's made as clear to that person as this is regarding the public members of committees any thoughts on that should we reconsider that in the future or should we leave it at this okay sure when I tell somebody at the county that we have hired or not hired but we have appointed another committee member they don't understand that they put him down as directors they don't have a committees thing that they can plug in there they don't nobody does committees but us okay they have committees no Bruce no no quite disrupting this meeting by interjecting no please okay staff asked to be recognized and I recognize staff I have not recognized the public thank you so we're back at board discussion on this and anybody else I had a couple of questions so if other districts are subject to the 8700 filing requirement or they're considering this issue in addition to the library do you know if there are other organizations that have incorporated this as a precaution or are there examples of how it should be incorporated outside of jurisdiction well I don't know and I would be hesitant to look to other organizations I would trust the cold compliance body to compare our code to other comparable bodies rather than sort of poking around online to decide to see how other entities simply follow their lead I think we need to make our own decision on this point subject to review and approve the code review and body which is the organization that is just situated to ascertain whether so that's our conflict of interest so that brings up my next question and that is the code review body being accounting are they going to take a look at our document and revert with any comments, questions or advice based on current local case law or other precedents that are informative of this issue or are they simply going to receive it and sort of leave us hanging no we're under stamp Jim please not look if you interrupt again I'm going to call a recess and figure out how to keep that from happening because you've been disrupting the meeting by doing so so I don't know exactly what their process is something that we could consider doing is submitting I mean the cover letter explaining the issues that they simply can't go also over it I don't know if there's a mechanism to do that or if we simply submit it online I can send it in so we could flag it for their attention see what they do with it I mean the process is we submit it for review they review it and either approve it or send comments back to the district so I can't speak to the sufficiency of their process but we can flag an issue for them to occur to the state of course so okay well why did I am I feeling on this is it really to me from I don't quite understand the motivation even in getting involved with us and I just can't see the value of making any changes on whatever the rule of law of conflict and interest and you know I'm not going to vote for this okay so I just it doesn't seem you know and then it's just a matter of filling out the answer he's right everybody should fill out the 700 forms if you're on a committee and you should not violate conflict of interest period so you know okay I'm not going to vote for this okay I see a panel I have just a follow up question is there is there a reason not to include the A7200 provision at this time would we be incurring a risk would we be failing to follow guidance or direction from the state or from the controlling body well my thinking is that again because state law is controlling here if A7200 applies it applies whether we say it doesn't so if it the way we would if we believe A7200 applies to board members what we would do this conflict of interest code is remove board members from it so they wouldn't have any reporting requirements listed under this conflict of interest code because they'd be covered by a higher power so to speak so that's that is why I'm saying to me the more in the face of ambiguity the more transparent option that requires a greater degree of disclosure is to put board members in the schedule that requires disclosure pursuance to conflict of interest code because then they'd need to comply with the conflict of interest code disclosure provisions and A7200 if it applies thank you for that clarification okay any other I think Dana has explained the situation to my satisfaction okay and she has to me too so do I hear a motion or do you I would move approval of the amendment of conflict of interest code as submitting for non-consideration of our legal counsel okay I can second I'll second okay I'm more discussing I presume so Holly could you take a roll call vote on this yes yes yes no okay um let's move on to item 10h the district 630 so we are going to reconvene the September 20th meeting of the Board of Directors of the San Lorenzo Valley Water District and there were no reportable actions taken in closed session I'll ask staff and other directors are there any additions and deletions to the open session agenda okay then we'll move on to the oral communications portion of the meeting and so this is a time that you can speak of the Water District preferably not on anything that's on tonight's agenda and the limitation on that is three minutes so who would like to speak I see Ms. Loewen would that make sense pardon yeah the podium okay go ahead that would be a convenience for the recording just as I wrote a letter to add lack of brown act training specifically for citizen members of committees members are appointed to committees but are not being given immediate training and this is caused undue distress to themselves and others and I can see that it's having a negative effect on the business of the district and it has included such things as resignations from qualified citizens having much to offer the district I think this has reached a really critical point I had hoped the admin committee would address it but I'm bringing it to the Board I'm not even sure this needs Board action a simple pamphlet a sit down with the attorney after meeting something members that were appointed last December and still have not received any training the other item that was talked about is conservation in regards to return on investment the current fiscal year budget for public outreach is $60,000 and that is for use of a PR firm that firm came to the last admin meeting provided examples in a presentation that shows so far what they've done for the district and by far the primary thing they're promoting is conservation the PR guy couldn't answer a question about return on investment are these ads effective? this includes ads, mailers and web posting when you look on the website you will see where we are in our conservation now it's a message but are these messages effective? the current fiscal year budget for customer conservation programs is owned $25,000 that is less than what we give away in grants the conservation rebate is the only quantifiable program to reduce customer consumption load of our water the website says that toilets represent one third of the entire indoor water use in the past two years that I've been attending meetings I haven't seen an annual report on the rebate program the number of rebates given and analysis of how much water has been saved I've seen no reports of the number of water audits done and follow up statistics and analysis on water load reduction from any conservation program including the PR campaigns when we reduce the water load we have a cost savings and pumping, treating and delivering people care deeply about our environment and what can we do with this conservation I'd like to forward to reconsider their stance on encouraging conservation and instead of charging us more if we consider look at ways to get people to work efficiently by prioritizing and rewarding conservation thank you Mr. Holloway I'm Bruce Holloway from Boulder Creek at the last board meeting there was an agenda item to hire an interim district manager and in the discussion it became clear that there was an application from John Presley who is the retired Senator Chris Kennedy Public Works Director it was a little bit unclear during the meeting who the person was his name wasn't said exactly and later on I obtained the application to the resume which had been sent to the entire board prior to the last board meeting also I requested a resignation letter from former district manager Brian Lee which was not in the packet for the last board meeting and so these two items the resignation letter which led to the appointment of the interim district manager and the application from John Presley these were not presented to the public and that is a organic violation as far as I'm concerned the organic is very clear that when there is an open meeting an open session for an open meeting that all the materials are presented to the majority of the board should be presented to the public prior to the meeting or maybe even left up here so we can receive so I'm in despair in this manner that this board will ever comply with the plan using the thing that anything you get is confidential you don't need to share it with us that that application from Mr. Presley was kind of pitched in over the transit if Mr. Presley was applying for the finance director position for example then whoever was the district manager at the time would be in a position to say hey show me your resume and I'll treat it in confidence so the particular situation that there was last month when there was no district manager because the district manager had resigned Mr. Presley has a sophisticated understanding of the plan and he pitched his resume over the transit without any without any assurance that he would be kept confidential and he knew that that was the precise moment the board might make a decision from one way or the other about the interim district manager and that's the exact moment when the public should have been aware that Mr. Presley had made an application so you violate the grant act and I don't know when you're going to begin to apply for it Anybody else want to comment during the world? Seeing none I will think about Mr. Holloway's comments and think about them thank you so we will move on to 9A the education grant final report under unfinished business and let's staff introduce this if they'd like to Jen so one of the 2016 watershed education grants that was awarded was to Fred and Roberta McPherson to make a movie or video called The Turkey Foot which describes the area of the San Lorenzo River where Bear Creek and Boulder Creek join the San Lorenzo River and so Fred and Roberta are here tonight to present their video to the board for your consideration for acceptance of their final report I just want to say that it's a pleasure to be here and share it it's a good year to get this done and a lot of time we spent writing the script and doing research for it and it's a pleasure to be here to present it tonight it was done two or three years ago about Paul Creek which dealt with the southern end of the Bedlamon Mountain and our intakes on Paul Creek and our treatment plant there this one deals with the northern end of the mountain where we have our other surface water intakes so it's sort of a compliment to the one we've done before so we can see it and if there's any questions afterwards it's somewhat subtle and difficult to distinguish looking toward the La Prieta the highest peak in the southern cruise mountains Bedlamon Mountain as the western boundary is the most visible and therefore obvious edge extending from its southern end at the bowlanded area of Santa Cruz to Golden Creek the northernmost in the San Lorenzo Valley the eastern facing slope of the Bedlamon Mountain was formed by the vertical movement of the now inactive Bedlamon Fault along the northern end of the mountain the Bedlamon Fault and Zionty Fault which is still active today both played an important role in the formation of the Boulder Creek area because of the way Boulder Creek enters the river from the west in the area known to local residents and just a few hundred yards of river Bear Creek flows in from the east Early settlers of the pattern they formed resemble the foot of a turkey with the center and back toes of the San Lorenzo River and the two side toes representing each creek When we examine the early newspapers the first reference to the turkey foot is in 1874 when the Cruz was surveying the area for the San Lorenzo Valley Fault and Transportation Company It is proposed to prevent blooming at or near Felton and extend the work to the mountain of Boulder, Bear and San Lorenzo Creek which formed of two people A year later the area was referred to as the Faults and in that year during the dispute as to where the location of the Coast Office should be in the Lorenzo this was called the natural center of the neighborhood Junction Park operated by the Boulder Creek Rec Department with a popular spot in the summer for sunbathing and swimming lunging off of diving rock and community festivals Throughout the year there are also great opportunities for enjoying a myriad of wildlife like malterns wood ducks and the elusive American Dipper As the northeastern end of Bend Mountain was uplifted vertically along the Zion Fault the harder and minute quartz diorite that forms the core of the mountain was exposed and broken off a year later chunks along Boulder Creek's upper tributaries The jagged edges of the very sized boulders were then tumbled and rounded and carried from their origins down into Boulder Creek where the tumbling and smoothie continued all the way to the San Lorenzo River Along their journey the tumbling rocks acted like crisps in a mill carving out and exposing successive layers of the softer sedimentary sandstones eroding away over millions of years and helping form Boulder Creek cutting down deeper here and almost any other place in the San Lorenzo Valley More recent sandstone formations were cut through all the way down into the underlying Mutano Sandstone one of the oldest sedimentary formations in the Santa Cruz Mountains which is exposed in junction parks diving rock as well as upstream along Boulder Creek in the area of its confluence with Foreman Creek one of Boulder Creek's important tributaries Along Boulder Creek is a beautiful re-carrying forest with white alders Art of the habitat includes mineral-loving California sisters water strikers and the over-widering ladybugs Almost all of the water supply for the San Lorenzo Valley Water District comes from surface water to west as well All of that surface water comes from Van Lomond Mountain and much of that surface water comes from tributaries to Boulder Creek including Evine, Silver and Foreman Creek In the summer, the District's water supply comes from well in the sandhills predominantly in the areas of the Lomond, Miami and Olympia The confluence of Foreman and Boulder Creek is the District's Boulder Creek Treatment Plant Here, water is treated from the tributaries to Boulder Creek Evine, Silver and Foreman along with water from the Rob Menzies 5 mile fight time to the south Here it is from Clear Creek and Sweetwater Creek before being distributed throughout the San Lorenzo Valley Lower Bear Creek cuts down into the same and a sandstone formation bound at the junction and on the northeastern end of the Lomond Mountain It is particularly well exposed in the area of the Bonnie Briar Orange which also contains mysterious rock inclusions that have strange forms almost like burrows on a redwood tree Walking Bear Creek provides many opportunities to investigate the development of the land but may you just look up on the ground with this in mind Along the creek it is also possible to discover primordial plants like liverworts mosses and graceful lady ferns Not far from the Turquoise area Ben Lomond Fault is joined by the Zianti Fault providing the watershed into fairly distinct geological and hydrological regions Everything north of the Zianti Fault which includes the Bear Creek watershed is not well suited to providing a large water supply for the San Lorenzo Valley Water District because the underlying geological formations in this area lack the extensive granitic aquifers found south of the Zianti Fault on Ben Lomond Mountain Waterfall storms and steep dunes fall throughout the Bear Creek Waterfall During one particularly heavy rain a large Douglas fir became wedged by its root between old cement dam above the Bonn Grier Board Fisheries biologist Stone Howard was called in a serious problem We don't have construction in here The fish can get through the dam above fairly easily The first thing we need to do is get this Douglas fir out of the way It's got the a double in height and a four feet and the silver dam is now eight feet It also goes beyond the dam Don contacted Kristen Kielsen fishery resource planner for the County of Santa Cruz After checking the obstruction John Moudry from Santa Cruz County Public Works was able to clear the way for open water flow through the dam alerting what could have developed into a big problem After the dam was cleared Don and Kristen returned to check the opening A huge problem did develop not far downstream during a torrential rainstorm in early 2017 When it failed drained by four south out of Lower Bear Creek Road The San Lorenzo Valley Water District was quick to respond to the emergency Making certain there was no disruption of water service to over a thousand of their customers along Bear Creek Road It's really close to the edge of what's broken away there It's not exposed but it's really close to the edge So we put an emergency line outside of it Eventually, Public Works spread black plastic over the area to help prevent further sliding The same storm caused a large lockdown at the point where Bear Creek enters the San Lorenzo River Fortunately, it was washed away days later, but then the rains continued Quiet little boulder creek rose to within a short distance at the junction park fence Carrying away huge logs as it merged with the San Lorenzo River causing more sliding burying the sandy beach where swimmers and sunbaters had gathered during the summer and submerging most of Diamond Rock and the Damned Down River in its rush toward the sea Witnessing the dynamic energy of nature at work in the area of the Turkeyfoot puts our human timescale in perspective in relation to geological time Seeing the magnitude of these powerful geological processes over time helps us begin to comprehend the extraordinary forces continuously influencing this remarkable place It has taken millions of years for the Turkeyfoot to evolve into its present form since long before human existence and we can only speculate about what this area might be like millions of years from now I think sometimes we take for granted the place we live in and it helps for somebody to point out how special a place we're in So I haven't really thought through this process after, you know, we have an excellent presentation as far as I'm concerned and I would like to open it up to the public for comments or, you know, some thoughts and if Fred would like to take a question or two, that would be good Would anybody like to comment from the public at this point? Okay, I don't see anybody We'll bring back to the board for our thoughts and I think I've got a question or two but I'll offer it to other directors Okay, anybody want to make a Fred and Roberta, thank you again for the beautiful piece that was just a rightful but a nice adventure in our neighborhood I know some of the reason for the Bear Creek area not being very good for large water supplies just the condo system so it's not very permeable, is that right? and I have heard that there are old oil wells in that area Is that true or is that like urban legend? Well, there's way up and up a water so there's old oil sites but there's a number of kind of impermeable occupers up Bear Creek and Kings Creek and Deer Creek and all those areas There's wells sometimes individual homeowners in wells but it's not like down here in Coil Hall or the Olympic or somewhere like that where there's a really good groundwater supply or the surface water supply that's so good so that's why it's different and there's groundwater studying that you're doing now and considering that there's different basins groundwater basins in the occupers so up above designing it's not very good I'm just thinking I'm always amazed that you know how turbid that water and I remember hearing some figures about you know you would think after all this time that there's still so much the amount of sediment that the river still continues to take out it's pretty amazing you should just look at that water and everybody says it's like oh that's like the milk chick but I think there's some interest in trying to collect some of that water but it's got so much turbidity but I don't know if you knew exactly how much sediment goes all the way into the ocean basically that's a challenge because it is difficult to treat especially on the river directly like that that's why the city of Santa Cruz doesn't pump it up in a lot more when it's turbid like that the waste until it settles down then they pump it up and I know in our treatment class we can't use turbid water either in our barl creek or in the bowl of creek place you have to wait until it settles and there's a lot of reasons for that turbidity there's erosion, there's more vineyards and there's more activity in the water so it's a challenge yeah I think that also I think it's a real interest in this valley is to provide that erosion control to minimize that amount of sediment that you know then there's a lot of strong green design to try to but it's a big big issue so I'd like to ask a question I'm curious about the phenomenon of the turkey foot because it looks like you've got a fault coming across you've got the Zioni fault coming across there does it make a jog, is there a fracture so you've got bear creek coming in at one point a boulder creek coming in it's only about 100 it's like from here down to the river away it's only maybe 100 yards in separation and you're exactly right because the Zioni fault goes right through there goes right down bear creek maybe a little jog as it cuts through that formation of the junction but then it goes right up boulder creek through big basin and eventually out into you know Rancherville and the fault and what I found to be so long of research is I finally figured out which way the Zioni fault was moving it's sort of like the sand dress is moving sideways the southern part is going one way but the southern part is also going up a little bit but it's been doing that for millions of years and that's why there's such an offset there along the Zioni fault bear creek and boulder creek that's why the northern end of the mountain is higher it's pretty high it's one of the highest points in the Maldives right at their eagle rock so it's fascinating I'm still learning that's why they're all the treats about doing this I've learned so much I just really appreciate it it was fun to see a little bit of geology we've been talking about the Viewtowner formation in other parts of the basin so it's fun to see it out there at the surface Bernadette is she's in creation she's the script writer and she did the narrative so she's an artistic creative force I really like that geeky stuff like geology and the wildlife stuff like that thank you any staff feedback we'll give you a chance we will do that we will do that we won't forget to do that that question is it going to be at the Science Night in October? we are still working on coordinating that but it might the board doesn't have any more questions we have one action that we need to consider this evening and that is to whether to accept this final report and is there any discussion or emotion with the I pull up this beautiful report submitted as part of the watershed education grant received by I'll second I'll second okay I think we can probably do this by voice all in favor say aye aye none very good thank you very much both of you for this beautiful so but we have a big agenda tonight numerous items so let's move on to 9B which is the Lompico assessment district oversight committee appointments so I would like to get this started by introducing any staff as the board is aware that there are three openings on the Lompico assessment district oversight committee at the August 2018 board of directors meeting board of late filling vacancies on the committee to ensure compliance with the MATI Act direct mail order informing Lompico customers that the district was accepting applications to the oversight committee was mailed to all Lompico customers the district has received five applications from customers of Lompico to participate as a public member of the oversight committee their applications are in your board packet for review thank you I made a few notes about how I think might be a good process for doing this and the first thing I do is like to ask the applicants who are here today if they would like to speak to their qualifications and interests