The Flagstaff City Council humbly acknowledges the ancestral homelands of this area’s Indigenous nations and original stewards. These lands, still inhabited by Native descendants, border mountains sacred to Indigenous peoples. We honor them, their legacies, their traditions, and their continued contributions. We celebrate their past, present, and future generations who will forever know this place as home.

APPROVAL OF MINUTES

Approval of Minutes for January 4, 2023
Motion to approve Minutes as is or approve with amendments.

Co-chair Toya made a motion to approve Minutes as is. Co-chair Washington seconded. It was passed unanimously.

GENERAL BUSINESS/POSSIBLE VOTE

None at this time.

DISCUSSION ITEMS

Water Discussion with City Manager and staff from Water Services
City Manager Greg Clifton and Water Services staff will give an overview of the current review and approval process for contracts and agreements involving reclaimed water. This is in response to a request made by the members of the Indigenous Commission during the June 1, 2022 regular meeting.

City Manager Clifton and Water Services Interim Director Brad Hill provided presentation regarding reclaimed water. Regarding Contracts and Agreements, Mr. Hill explained that there are two overarching documents that guide city staff and City Council. Both are approved by City Council. The first one is city code and it's various elements. Another one that may not be quite familiar, but also adopted by City Council. On reclaim water agreements, the City has not created a new water customer. Therefore, there has not been a new water reclaimed water agreement since December of 2012, ten years ago. The reason being is that until there is some pieces of infrastructure in place in the reclaim water system, there is not the volume of water, at least in the summer time, to allow for the addition of new customers. It would be different if there's a customer that wants to use the water during a different time, the city would consider it. Typically water use is wanted during the summer and there is no excess water in the summer. That is why there are no new customers in the past 10 years.

Commissioner Marks pointed out and asked questions pertaining to caps/limitations as to how much water is distributed to any one organization (whether leasing or buying the water); What considerations are made for climate change since 2012; and what is considered differently in the way water is being utilized, specifically to Native Americans' consideration around the environment in our area? Are there opportunities for some of that decision making to come back to City Council so there's more transparency and for more communities, including Indigenous, to be informed and voice how that water is being used?

Mr. Hill stated that in order to service all existing customers, the City began capping usage, so now all of the reclaimed agreements have a monthly and an annual cap. Water conservation programs are implemented indoors, like low flow toilets, shower heads, etc. Water use indoors typically doesn't change, even if it might get super hot during a seasonal month or climate change over time. As compared to outdoor water usage, that changes over time. In terms of the decision making, from the staff side, there is planning in terms of future water, whether water conservation, water resource planning, quantifying the how the community uses water today and then how it can use water into the future based off land use and zoning etc. Water Resource Manager will be working toward in the next year or so, the water resource Master Plan that will help begin to identify how water is used currently and how water can be used into the future. There will be opportunities for the Community and this Commission as well as City Council, to weigh in on those planning efforts.

Commissioner Marks added that Indigenous people have to think and protect resources seven generations into the future and how money should not be the catalyst/motivator in water usage. Having younger people to take part of that decision making is important. Mr. Hill informed of the state's requirement for municipalities to begin planning for 100 years. While it was not a requirement for Flagstaff, this started in 2009 and again in 2013; however, the process to update and reengage is coming up again in 2030 or before. That would be a time for community members to take opportunity to be involved.

There were also some discussion on water supply in terms of groundwater and surface water, and how that interacts with Flagstaff and region. The valley cities cannot come for Northern Arizona's groundwater supply and is lawfully protected since 1990s. Surface water (Colorado River) is different and there are court cases involved with those at this point, both instate and out of state.

City Manager Clifton also commented on what the City is doing administratively. Due to the importance of this discussion, the full comment of City Manager Clifton has been included here.

City Manager Clifton believes there are concerns by the Commission as to how the City deals with these matters administratively and what could be done to open up the process to allow for more engagement. He shared a document and highlighted two paragraphs. He explained, three years ago in January of 2020, there were steps that were put into place under his direction as city manager. There has been issues in the past about contracts that were not finding their way to the Council dais for discussion because pursuant to code, or procurement policy, which is embodied in the code. These were set up for administrative approval on things that were approved administratively but that it did not bring to Council.

So, CM team came up with an administrative directive three years ago. It reads as follows: If the community may have a high level of interest in a particular item or issue, please be sure to communicate clearly within the staff summary to the Council what the area of concern might be. That there’s a statement intended to make sure that we give Council a heads up when something may be of high interest, or perhaps controversy that's out of professional courtesy, so that our Council is aware. That there may be some things that need to be carefully discussed.

The last bullet item is more relevant, and it reads as follows: Please obtain Council input prior to the procurement of any outside services and prior to the formalization of any contractual relationships. Provide Council with routine updates during and subsequent to with the procurement or contractual process.

The takeaway is, the staff will do their part to try to get that to the Council dais, even though they may not have to. The best example where that occurs is in the procurement policy. Under the procurement policy and other policies that like the one Brad Hill referenced, staff may not have to go to the Council to solicit approval of anything. But the staff can, as a matter of professional courtesy, and that's what this is about, that Council should at least be apprised of these. More important to this discussion, the Community should have an opportunity to weigh in on things and share comments or concerns.

It's not to say that others will have a decision-making authority, but at least it is placed on the agenda, which is public and discussed in the Council forum, that brings matters that would otherwise be dealt with administratively. This has relevance to some of the concerns of this Commission and frankly, to others in the Community. City Manager stated it is good governance to not just have things approved when the Community has wants to have a voice in it and there are concerns. It is better governance to put light on that discussion and offer that opportunity.

Right now, it is just an administrative directive. Those are embodied in our website for the staff to deal with. This conversation has also come up now, the possibility to see insertion within our procurement code at some point and it would be more formalized. It is also not to suggest that all things should go to Council. There's a proper delegation that occurs and when they do generate that level of community interest. City leadership wants to make sure they are not stifling the conversation and precluding people from engaging in a discussion.

Councilmember Lori Matthews stated that she would be cautious to get involved in contractual procedures, because it muddies up the waters and it makes it a less effective. In City governance, we have great trust in the highly skilled staff members in each department.

Water Discussion with City Manager and staff from Water Services
A FAIR item was put forward by an Indigenous Commissioner at the January 4, 2023 regular meeting. The FAIR item is to have a discussion on the City of Flagstaff’s plan on addressing water and drought, as the state of Arizona is reported by media to be looking at a 30% reduction in water usage.

There was some conversation that happen in the prior agenda item that is part of this item, so notes from that conversation has been moved to this section. There was also an explanation between the difference between the two water agenda items under #6.

City Manager Clifton said, the City is pursuing a pilot project in water utility in the interest of improving water quality, whether it be wastewater treatment, in this arena it's could be with reclaimed water. What are the the technologies and the best practices that could enable the City to make the water cleaner? There is rapidly evolving technology in the state and federal regulations. Many local jurisdictions, like Flagstaff and elsewhere are trying new technologies to greatly improve water quality to the point where you know ultimately it lends itself to Direct Potable Reuse (DPR) drinking water.

Erin Young, Water Resources Manager, provided the following. There are potential regulations coming down on reclaimed water and wastewater quality that are likely to impact Flagstaff. Water Services is trying to stay ahead of the regulations while taking advantage of funding that is available through the Bureau of Reclamation. This would potentially provide a drought security - drought mitigation by allowing the advanced treatment of reclaimed water for additional uses such as Direct Potable Reuse (DPR). ADEQ, through their contractor, will be conducting a stakeholder survey across section of communities all around Arizona. ADEQ wants to know the perception of DPR and what people see as barriers. There is a lot happening in water, to protect it as a resource for generations, and to improve water quality. It is also to allow communities to recycle to the best of their abilities because water is important in the Southwest.

Councilmember Matthews encouraged the younger generation to come into Council meetings and provide public comment. She would like to get more community engagement and those not being heard. This makes for a healthy and vibrant community and the Indigenous community is a vital and vibrant part of identity in Flagstaff.

There was a discussion about the water quality, drought considerations, and the seriousness of having water to begin with, and what are the protections. Questions included: How is City Council dealing/managing new building/s where there is water waste or so much use of water? Who are these being built for? Water shortages in Maricopa County?

Councilmember Matthews stated Maricopa County water shortages are different than in Northern Arizona because they have a different water source than we have here and was commented on earlier. The City has set a plan, designed for growth up to 100,000 population and for 100 years. With the water wells the City has and planning is definitely managed very closely as we look at new development and expansion. City Manager said, the City has a 100 year plan, which is really less than 100 year plan because there is projections on plateauing in terms of growth, and not have the same concerns as the neighbors to the south.

Ms. Young added that the state of drought impacts different parts of Arizona differently. Flagstaff is not on Colorado River water. The City is not having to accommodate the cut that other communities are doing. In planning, one point is the City's award winning water conservation program. Staff does not hit every restaurant or hotel on checking on water use and maybe some improvements to make. Please email Rose for something Water Services might help with, the City has a fantastic rebate program. The designation of adequate water supply includes Upper Lake Mary Water, reclaimed water use, direct reuse, the purple pipe that we know today, ground water, and water from springs in the inner basin. What the DPR is and these new rules for expanding reclaimed water use provides us with some new tools. These can be new water supplies that can be added to that designation of adequate water supply. It also allows Flagstaff with more flexibility in how to meet future water demands. Being stewards of the resources that we have, it is an exciting time because of the advancements in technology and in regulation. Ms. Young also mentioned the Regional Plan will also have some information pertaining to the rule on groundwater transfers for better understanding.

Commissioners expressed gratitude for both of these water conversations and look forward to build on them.

INFORMATIONAL ITEMS TO/FROM COMMISSION MEMBERS, STAFF, AND FUTURE AGENDA ITEM REQUESTS

Co-chairs will alternate in running all remaining meetings in 2023.

ADJOURNMENT

Co-chair Washington adjourned the meeting at 1:03 PM.