HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA 95118

Tuesday, June 10, 2008

9:30 AM

I. CALL TO ORDER:

1. Roll Call.

II. TIME CERTAIN:

9:35 a.m.

2. Time Open for Public Comment on any Subject not on the Agenda.

NOTE: The law does not permit Board action on, or extended discussion of, any item not on the agenda except under special circumstances. Comments should be limited to three minutes. If Board action is requested, the matter can be placed on the next agenda.

9:40 a.m.

3. Public Hearing--Annual Report Recommending Flood Control Benefit Assessments for Fiscal Year 2008-2009. (Darin Taylor) (EL-4)

i. Resolution Establishing Land Use Categories, Confirming a Levy of Benefit Assessments to Meet Duly Authorized Debt Obligations for Fiscal Year 2008-2009 in Flood Control Zones of Santa Clara Valley Water District, in Accordance with Resolution Nos. 86-54, 86-55, 86-56, 86-57, and 90-7, and Authorizing a Procedure for Correcting Assessments.

Recommendation: Hold public hearing and receive comments; adopt resolution and direct staff to set benefit assessments at sufficient levels for 2008-09 revenue needs and obligations.

10:15 a.m.

4. Set Public Hearing and Issue Draft Engineer's Report and Draft Environmental Impact Report (DEIR) for Public Review and Comment Regarding Alviso Slough Restoration Project. (Katherine Oven) (EL-9)

i. Resolution Specifying Intention to Consider Undertaking a Work of Improvement and Providing for the Notice of Time and Place of Public Hearing Thereon Alviso Slough Restoration Project.

Recommendation: Adopt resolution setting public hearing for July 16, 2008 at 7:00 p.m. at the George Mayne Elementary School in Alviso; issue DEIR for review; and authorize CEO to submit Notice of Completion.

III. CONSENT CALENDAR:

NOTICE TO THE PUBLIC

Items listed in this section of the agenda are considered to be routine by the Board and typically will be adopted by one motion without discussion. The consent calendar includes action items which the Board has delegated to the Chief Executive Officer (CEO), but which law or contract requires to be decided by the Board (EL-9.9), and CEO monitoring reports that do not reflect policy violations or call for debate of policy criteria (GP 4.4). Any item may be severed for separate consideration at the request of the Board. Whenever a resolution is on the consent calendar, a roll call vote will be taken on the entire calendar.

5. Authorization to Use Supplemental Labor (Force Account) for 2008 Stream Maintenance Program. (Jim Fiedler) (EL-9.9)

Recommendation: Authorize CEO to use Supplemental Labor (Force Account) for stream maintenance projects.

IV. GOVERNANCE PROCESS:

Items listed in this section are considered by the Board to be a part of the Board’s process of governing and the manner in which it operates.

6. Approval of Minutes of May 13, 2008 Regular Meeting; and May 19 and May 20, 2008 Special Meetings. (Lauren Keller) (GP-2.4)

Recommendation: Approve minutes.

7. 2008 Board Planning Calendar. (GP-4)

Recommendation: Discuss the Planning Calendar.

8. 2008 Santa Clara Valley Water Commission, Flood Control and Watershed Advisory Committees, and Independent Monitoring Committee Nominations/Reappointments. (Lauren Keller) (GP-9)

i. Resolutions of Appreciation for Outgoing Committee Members

Recommendation: Approve appointments and nominations for reappointment and adopt the Resolutions of Appreciation for outgoing committee members.

9. Board Member Reports.

V. EXECUTIVE LIMITATIONS:

Items listed in this section are considered by the Board to not be delegated to the CEO and require Board consideration and/or action.

10. Audits of Water Utility Enterprise Fund for Fiscal Years Ended June 30, 2006 and June 30, 2007. (Darin Taylor) (EL-4)

Recommendation: Accept reports.

11. Clean, Safe Creeks and Natural Flood Protection Special Tax Summary Report and Rate Setting for Fiscal Year 2008-09. (Jim Fiedler) (EL-4)

i. Resolution Providing for Levy of the Special Tax Pursuant to the Clean, Safe Creeks and Natural Flood Protection Measure in the Combined Flood Control Zone of the Santa Clara Valley Water District and Authorizing a Procedure for Correcting Special Tax Amounts for Fiscal year 2008-2009

Recommendation: Accept FY 2008-09 Report; and adopt resolution setting tax rate.

12. Budget Adjustment for Perchlorate Project, Project No. 91451007 to Cover Prior Costs of Legal Services. (Keith Whitman) (EL-5.3)

Recommendation: Approve Budget Adjustment of $450,000.

13. Amendment No. 1 to Cost-Sharing Revenue Agreement (A3140M) with City of Palo Alto for Administration of Water Conservation Programs, Fiscal Year 2008-09. (Keith Whitman) (EL-5.7)

Recommendation: Authorize CEO to execute Amendment No. 1 for an additional amount not to exceed $160,905.

14. Consulting Agreement with URS Corporation to Provide Engineering Services for Assessment of Beneficial Uses of Shallow Groundwater. (Keith Whitman) (EL-5.7.2)

Recommendation: Approve Consulting Agreement with URS Corporation not to exceed amount of $140,000; authorize CEO to execute the Agreement.

15. Delegation of Authority to Chief Executive Officer to Execute Consultant Services Contract to Perform Arc Flash Engineering Analysis Phase II for Santa Clara Valley Water District Remote and Jointly-Owned Facilities. (Ray Yep) (EL-5.7.2)

Recommendation: Authorize CEO to execute a consultant services contract in amount not to exceed $150,000 from fiscal year 2008 operating budget.

16. Sole Source Agreement with Unico Mechanical Corporation for Purchase of Replacement Parts and Rebuild Services for Existing Pumps at Pacheco Pumping Plant. (Chris Elias) (EL-5.7.3, -7, -7.3, E-2)

Recommendation: Authorize CEO to enter into sole source agreement with Unico Mechanical Corporation not to exceed the amount of $530,000 for replacement parts and $1,100,000 for pump rebuild services.

17. Revisions to the Board Approved Adobe Creek Watershed Project. (Beau Goldie) (EL-7.9)

i. Resolution Specifying Modifications to the Project Described in the Adobe Creek Watershed Planning Study (1999) Within the Northwest Zone of Santa Clara Valley Water District.

Recommendation: Adopt resolution.

Recommendation: Adopt position of "Support" on AB 1654, AB 2466, AB 2729 and SB 1404; and adopt position of "Oppose" on AB 983.

19. Board Member Requests Responded to in CEO Bulletin for the Week of May 16-22, 2008.

a. R-08-0078, Staff to bring back info on what work is not being done due to vacancies and what vacant positions are not necessary and vital to fill. (Jose Peralez)

b. R-08-0123, Staff to keep the Board apprised of status of application for 2007 Solar Subsidy Grant funds for the Almaden Campus Water Quality Laboratory Project, and on efforts to obtain mitigation credits for the Project. (Dave Chesterman)

20. Board Member Requests Responded to in CEO Bulletin, Week of May 23-29, 2008.

a. R-08-0070, Staff is to come back with information on whether recycled water issues for the A's Stadium were discussed, prior to the Joint City/District Recycled Water Task Force Ad-hoc Committee meeting. (Keith Whitman)

b. R-08-0086, Staff is to bring back an item for open dialogue regarding what imposed, according to Legal's opinion or interpretation or understanding. Also, provide a copy of the bill. (Debra Cauble)

21. Board Member Requests Responded to in CEO Bulletin, Week of May 30 - June 5, 2008.

a. R-08-0031, Staff to come back with information on what it costs the District, and tax payers in affected areas, to return flooded areas to pre-flood, or normalcy, conditions. (Beau Goldie)

b. R-08-0038, CEO to review overtime as it is very high (close to $1 million for 6 months in Water Resources Division alone). Overtime should be defendable and justified. Staff to investigate. (Jose Peralez)

c. R-08-0039, Staff to review the incidences of noncompliance re: EL 5.7.3, regarding purchases and contracts, and look for systematic causes and implement corrective actions. (Melanie Richardson)

d. R-08-0067, Chair to schedule a Stormwater Runoff Work Study Session. (Beau Goldie)

e. R-08-0072, Staff to provide costs/salaries spent on consultants and temps for FY 06-07. (Jose Peralez)

f. R-08-0083, Staff to get information out to the public about how District has been very fair to Agricultural water users, including last year's reductions. (Susan Siravo)

22. Chief Executive Officer Report. (EL-9)

VI. NEW BOARD MEMBER REQUESTS.

23. Clerk Review and Clarification of Requests.

VII. CLOSED SESSION:

24. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a): Smallen v. SCVWD et al. (Case No. 1-07-CV-083568) Gomez v. SCVWD et al. (Case No. 1-07-CV084991)

25. CONFERENCE WITH LEGAL COUNSEL--EXISTING AND ANTICIPATED LITIGATION Pursuant to Government Code Sections 54956.9(a) and (b): Great Oaks Water Co. v. SCVWD (1-05-CV-053142) Great Oaks Water Co. v. SCVWD (1-06-CV-067000) Great Oaks Water Co. v. SCVWD (1-07-CV-087884) Great Oaks Water Co. May 19, 2008, Protest of Proposed Groundwater Charges for FY 2008-2009

VIII. ADJOURN:

26. Adjourn to Next Regular Meeting at 9:30 a.m., on June 24, 2008, at District Headquarters, 5700 Almaden Expressway, San Jose, California.