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Public Comment for February 13, 2023 <br />Board of Public Utilities Meeting <br />Prepared by the City Clerk's Office at 5:50 p.m. on February 13, 2023 <br />Item ad <br />Name <br />Neighborhood <br />Position <br />Comments <br />I understand there has been a lawsuit filed involving the issuance of bonds. If Straddling <br />was bond council, it should be conflicted out of defending the litigation because it would <br />have a vested interest in defending its work as opposed to what might be best for the city. <br />Moreover, it is conceivable that a lawyer at Straddling could be called as a witness in the <br />case which ordinarily conflicts out a law firm from serving as defense counsel. I'm not <br />4. Recommend City Council approve legal budget for law firm of <br />qualified to judge the merits of the suit and the Straddling firm is well regarded. However, <br />Stradling Yocca Carlson & Rauth for not -to -exceed $109,050 from <br />Malissa <br />if the allegations are true, then the question is whether this Commission should have <br />Public Utilities Account to defend Cit in case entitled Pon s v. Cit of <br />City g y <br />Mckeith <br />Oppose <br />pp <br />approved a bond based on future increased water rates that had et to be approved as is <br />pp y pp <br />Riverside, a reverse validation lawsuit challenging validity of City- <br />constitutionally required. I even seem to recall questioning whether that was legitimate as <br />issued municipal bonds <br />a matter of common sense. Increased bond obligations are then relied upon in the cost of <br />service analysis to justify higher rates because they are deemed fixed costs. That's rather <br />circular to say the least. Finally, the City was put on notice in October of the potential for <br />litigation. If you lose, will we be paying back investors not unlike having to repay the public <br />on the GFT? I'm tired for paying for outside lawyers to lose. Let's get some independent <br />advice before moving forward. <br />Please consider agonizing: <br />1. Workshop on the 2040 electrification to discuss need for competitive bidding of Alliance <br />study now that it is 100 percent clear that the Alliance is NOT a government agency - one <br />of the representations in the 10/24/23 Board Agenda item. <br />9. Items for future Board of Public Utilities consideration as requested <br />Malissa <br />2. workshop on the expenditure of public benefit dollars: what's currently available to <br />by members of Board of Public Utilities <br />Mckeith <br />encourage climate adaptation and what could the money be spent on. We have tens of <br />millions of ratepayer dollars at issue and the ratepayers should have more of a voice. <br />3. Developing a more targeted tree program that includes a measurement of how much <br />water is need and at what costs to expand and maintain existing tree canopies. The 2020 <br />urban water management plan committed to such an analysis and little has been <br />commplished to date. Time flies ... <br />This Commission needs to have more substantive training on water and electricity issues <br />so that you can get input from a broader range of perspectives than simply staff. This is <br />routinely done in Congress and the state legislature so that there can be a panel of experts <br />to provide input and answer questions without a three limit time restraint or being paralyzed <br />by the Brown Act which frequently is used to prevent actual engagement. This is more <br />14. Customer Engagement Program updates - December 2022 <br />Malissa <br />Neutral <br />than a subcommittee meeting at 9:00 on zoom. It's a thoughtful program lasting two or <br />Mckeith <br />three hours so that the Commission and public can hear real input. The City need a <br />culture change when it comes to the community interacting with commissions or council <br />where staff vets complicated issues early and gets DIRECTION from you rather than <br />serving up ideas when they are virtually final and usually on some deadline. I have raised <br />this issue for a long time. I appreciate that it takes time, work and more accountability but <br />we would be a stronger city for doing so. Thanks. And welcome Brian. <br />