San Jose council opposes June measure on term limits
Water district spends $3.2 million in bid to allow board members to serve longer
In an unusual move, the San Jose City Council has voted to formally oppose a measure on the June ballot in Santa Clara County that would extend term limits for board members of the region's largest water provider, the Santa Clara Valley Water District.
By a 7-3 vote on April 12, the council passed a resolution urging a no vote and calling on other cities in the area to also oppose it.
Multiple San Jose City Council members said the proposal, Measure A, uses misleading wording in a deliberate attempt to trick voters into believing they are limiting the water district board members' terms, when it in fact would allow them to serve longer than they can now. Several members blasted the water district for spending $3.2 million to place it on the ballot at a time when the agency has been raising water rates and buying water at high prices to reduce shortages in the drought.
“You know what's even worse than wasting taxpayer money? Intentionally misleading them,” said San Jose Councilman Matt Mahan, who led the opposition. “And that's exactly what this measure does.”
Added Councilman Raul Peralez, “When I read through the language, I was appalled.”
Since 2010, water board members have been limited to three successive four-year terms. But in February, as several of them faced being termed out of office this year, the district's board voted 4-3 to put a measure on the June 7 countywide ballot to extend their service to four successive four-year terms.
More than a dozen members of the public spoke in opposition to the water district's term limits measure and supported the City Council vote. One, labor leader David Bini, took the opposite view and said the City Council was engaging in “ineffectual grandstanding.”
Several council members said they will oppose the ballot measure but didn't want to upset relations with the water district.
“I don't think that we need to be the police for the way that other independently elected boards conduct their business,” said Councilman Sergio Jimenez.
In the end, voting for the resolution to oppose the ballot measure were Mahan, Peralez, Magdalena Carrasco, Dev Davis, Maya Esparza, Sylvia Arenas and Pam Foley. Voting no were Jimenez, David Cohen and Vice Mayor Chappie Jones.
The Santa Clara Valley Water District, based in San Jose, is a government agency that provides water and flood protection to 2 million residents countywide.
Critics say the ballot measure is misleading because the language does not say that if approved by voters, water district members, some of whom already have served more than 20 years on the board, could serve longer.
Last month, under a state Public Records Act request, the Mercury News obtained two internal polls that water district CEO Rick Callender ordered. The most recent, from February, showed that when voters in Santa Clara County were asked if they would support “limiting board members to 4 successive 4-year terms” they overwhelmingly said yes, by a 77%-19% margin.
But when told that water district board members already are limited to three terms, voters opposed the measure 62%-36%.
The language that Callender approved for the ballot will read: “Shall the measure amending the Santa Clara Valley Water District Ordinance 11-01 to limit Board members to four successive four-year terms be adopted?”
It was approved by water district board members Tony Estremera, who has served 26 years on the board; Dick Santos, who has served 22 years; Gary Kremen, who has served eight; and John Varela, who has served seven. It was opposed by board members Linda Lezotte (12 years), Nai Hsueh (10 years) and Barbara Keegan (10).