HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, June 24, 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.            Resolution to Consider Undertaking a Work of Improvement--Gold Street Educational Center.  (Katherine Oven)  (EL-9.9)

i.         Resolution Specifying Intention to Consider Undertaking a Work of Improvement Gold Street Educational Center.

Recommendation:      Adopt resolution.

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.

 

4.            Agreement and Election to Prefund Other Post Employment Benefits (OPEB) Through CalPERS and Budget Adjustment Transferring Funds from Reserves for Prefunding.  (Olga Martin Steele) (EL-9.9)

i.         Resolution of the Board of Directors of the Santa Clara Valley Water District Approving the Agreement and Election to Prefund Other Post Employment Benefits Through CalPERS, and Delegating Authority to the Chief Executive Officer, or His/Her Designee, to Request Disbursements.

ii. Budget Adjustment.

Recommendation:      Adopt resolution; and authorize CEO to approve a budget adjustment appropriating $17,686,706 from reserves for transfer to CalPERS.

5.            Resolution Establishing Appropriation Limit for Fiscal Year 2008-2009.  (Sharon Judkins) (EL-9.9)

Recommendation:      Adopt resolution.

6.            Resolutions Authorizing Execution and Delivery of Taxable and Tax-Exempt Tax and Revenue Anticipation Notes to Support a Taxable and Tax-Exempt Commercial Paper Program for Fiscal Year 2008-2009.  (Nai Hsueh)  (EL-9.9, EL-5.2)

i.         Resolution of the Board of Directors of Santa Clara Valley Water District Authorizing the Execution and Delivery of a Taxable Tax and Revenue Anticipation Note to Support the Existing Santa Clara Valley Water District Taxable Commercial Paper Program.

ii.        Resolution of the Board of Directors of Santa Clara Valley Water District Authorizing the Execution and Delivery of a Tax-Exempt Tax and Revenue Anticipation Note to Support the Existing Santa Clara Valley Water District Tax-Exempt Commercial Paper Program.

Recommendation:      Adopt resolutions.

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.

 

7.            Approval of Minutes: May 22 and 23, 2008 Special Meetings.  (Lauren Keller)  (GP-2.4)

Recommendation:      Approve minutes.

8.            Public Facilities Financing Corporation:  Review of Letters of Interest for Corporation's Vacant Seat and Selection of Candidates for Interviews, and Consideration of Whether to Increase Number of Directors of Corporation. (Lauren Keller) (GP-8)

Recommendation:      Review letters; set date for interviews; review prior interview documents and modify if needed; determine whether to increase number of Directors; and direct COB to schedule PFFC meeting to gain approval of increase in number of directors.

9.            2008 Board Planning Calendar.  (GP-4)

Recommendation:      Discuss the Planning Calendar.

10.          Agricultural Water Advisory Committee--Draft Agenda for July 7, 2008 Meeting and Draft Minutes of May 5, 2008 Meeting.  (Jim Fiedler) (GP-8)

Recommendation:      Endorse the draft agenda and note the draft minutes.

11.          Landscape Advisory Committee--Draft Agenda for July 10, 2008 Meeting, Draft Minutes of April 10, 2008 Meeting, and Recommendation that the Board Consider Higher Water Rate Increases.  (Jim Fiedler)  (GP-8)

Recommendation:      Endorse draft agenda; note draft minutes; and note Committee recommendation for Board to consider higher water rate increases.

12.          Board Member Reports.

VII.      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.

 

13.          Fiscal Year 2008-2009 Operating and Capital Budget and Levy of Ad Valorem Real Property Taxes.  (Nai Hsueh)  (EL-4)

i.         Resolution Approving and Adopting Santa Clara Valley Water District Operating and Capital Budget for Fiscal Year 2008-2009.

ii.        Resolution Providing for a Levy of Ad Valorem Real Property Taxes in Fiscal Year 2008-2009 to Meet a Part of the Contract Cost of Water Importation from the State of California.

Recommendation:      Adopt resolutions.

14.          Contract Change Order No. 1 and Notice of Completion of Contract and Acceptance of Work for Lower Guadalupe River Improvement Project at State Highway 237, U.S. Highway 101, and Airport Parkway, William P. Young Construction, Inc., Contractor, Contract No. C0530, Project No. 30154011 (San Jose).  (Katherine Oven)  (EL-5.7.1)

Recommendation:      Approve and authorize Chair to execute Contract Change Order No. 1 for no net change in cost; accept work as complete; and direct Clerk of the Board to sign the Notice of Completion of Contract and Acceptance of Work and submit to County Clerk-Recorder.

15.          Memorandum of Understanding Between Santa Clara Valley Water District and Bay Area Clean Water Agencies for 2008 Regional Water Conservation Campaign.  (Keith Whitman)  (EL-5.7, -5.7.3)

Recommendation:      Authorize CEO to execute Memorandum of Understanding.

16.          Recycled Water Reimbursement Agreement Between City of Sunnyvale and Santa Clara Valley Water District.  (Keith Whitman)  (EL-5.7)

Recommendation:      Authorize CEO to execute Agreement.

17.          Consulting Agreement with Todd Engineers to Provide Engineering Services for Groundwater Vulnerability Study.  (Keith Whitman)  (EL-5.7.2)

Recommendation:      Approve Consulting Agreement in amount not to exceed $500,000; and authorize CEO to execute Agreement.

18.          Consulting Agreement with Weiss Associates to Provide Engineering Services for Characterization of Groundwater Recharge Facilities County-wide.  (Keith Whitman)  (EL-5.7.2)

Recommendation:      Approve Consulting Agreement in amount not to exceed $270,000; and authorize CEO to execute Agreement.

19.          Consultant Agreement with Westin Engineering for Selection and Implementation of Operations Data Management System for Water Utility Operations Division.  (Ray Yep)  (EL-5.7.2)

Recommendation:      Approve Consulting Agreement in amount not to exceed $570,603; and authorize CEO to execute Agreement.

20.          Consultant Agreement with Black & Veatch to Perform Professional Engineering Services for District's Process Control Systems (SCADA) Master Plan. (Ray Yep)  (EL-5.7.2)

Recommendation:      Approve Consultant Agreement in amount not to exceed $401,355; and authorize CEO to execute Agreement.

21.          Retroactive Lease Agreement with Sobrato Land Holdings for Temporary Use of District Property (Parcels 3020-98, 9227-6) (Los Gatos).  (Frank Maitski/Beau Goldie)  (EL-5.9)

Recommendation:      Authorize CEO to retroactively execute Lease Agreement.

22.          Lease Agreement with South Bay Yacht Club for Use of District Property Located in Alviso Slough. (Frank Maitski/Beau Goldie)  (EL-5.9)

Recommendation:      Authorize CEO to execute Lease Agreement.

23.          Resolution Authorizing Purchase of Real Property Along Alviso Slough and Adoption of Second Addendum to Final Environmental Impact Report for Lower Guadalupe River Flood Protection Project, and Approval of Grant Deed and Right of Way Agreement with Cargill, Inc. for Pond A8 Peninsula Parcel Acquisition File No. 3015-518. (Alviso)  (Beau Goldie)  (EL-5.9)

Recommendation:      Adopt resolution; authorize CEO to execute Right of Way Agreement; and authorize CEO to accept Grant Deed.

24.          Approval of San Francisquito Creek Joint Powers Authority (JPA) Budget Fiscal Year 2008-2009 and Authorize Action to Pay District's Share Upon Adoption of District's FY 2008-2009 Budget.  (Beau Goldie)  (EL-9.9)

Recommendation:      Approve JPA budget for FY 08-09; and authorize CEO to make annual payment in amount of $98,000 to JPA.

25.          Protection of District Imported Water Supply Reservoir (Lake Del Valle) from Infestation by Invasive Zebra and Quagga Mussels.  (Sandy Oblonski)  (EL-7)

Recommendation:      Authorize CEO to negotiate a four-way agreement among East Bay Regional Parks District, Zone 7, Alameda County Water District, and the District to fund a pilot Zebra/Quagga mussel prevention program for Lake Del Valle Reservoir not to exceed $30,000 per agency for a total maximum of $120,000 for the pilot program.

26.          Resolution Delegating Authority to Deposit and Invest Funds.  (Sharon Judkins)  (EL-7.7)

Recommendation:      Adopt resolution.

27.          Board Member Requests Responded to in CEO Bulletin, Week of June 6-12, 2008.

a. R-08-0037, CEO to review travel policy, for example: employee sent to beginning statistics class in Florida, and recent employee airfare almost five times that of a former Director. Why are there discrepancies?  (Melanie Richardson)

28.          Board Member Requests Responded to in CEO Bulletin, Week of June 13-19, 2008.

a.        R-08-0079, Staff to talk to Herman Garcia and Jack Sturla regarding salvaging of fish South of Bonfante  if District releases water to Bonfante.  Staff is to bring information back to the Board.  (Keith Whitman)

b.        R-08-0092, CEO is to budget for softball shirts, either from District budget or from Directors' ordinance funds.  (Gustavo De La Torre)

c.        R-08-0095, Staff is to bring back the calculation behind 1% unreimbursed construction costs.  (David Chesterman)

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

VIII.     NEW BOARD MEMBER REQUESTS.

30.          Clerk Review and Clarification of Requests.

IX.       CLOSED SESSION:

31.          PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: Chief Executive Officer

32.          CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6 Agency Representative: Chair of the Board Unrepresented Employee: Chief Executive Officer

X.        ADJOURN:

33.          Adjourn to Regular Meeting at 9:30 a.m., on July 8, 2008, at District Headquarters, 5700 Almaden Expressway, San Jose, California.