HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, June 09, 2009

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 or as set by the Chair.  If Board action is requested, the matter can be placed on the next agenda.

9:40 a.m.

3.            Resolution of Appreciation for Sharon Judkins, Interim Chief Executive Officer of Santa Clara Valley Water District. (M. Ruiz) (GP-1)

Recommendation:      Adopt the resolution expressing appreciation to Sharon Judkins.

9:45 a.m.

4.            Public Hearing--Annual Report Recommending Flood Control Benefit Assessments for Fiscal Year 2009-2010. (M. Klemencic) (EL-4)

Recommendation:     

1.      Hold annual public hearing to consider any comments regarding the flood control benefit assessments for Fiscal Year 2009-2010.

2.      Adopt the resolution establishing land use categories, confirming a levy of benefit assessments to meet duly authorized debt obligations for fiscal year 2009-2010 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, and directing staff to set benefit assessments at sufficient levels to collect the revenue to meet the 2009-2010 debt obligations for outstanding Certificates of Participation.

10:00 a.m.

5.            Public Hearing--Engineer's Report, Resolution Approving the Engineer's Report, Sole Source Product Designation, and Approval of Plans and Specifications and Advertisement for Bids for Construction of the Rinconada Water Treatment Plant Clarifier Rehabilitation Project, Project No. 93294050 (Los Gatos). (D. Chesterman) (EL-7)

Recommendation:

1.        Conduct public hearing on the Engineer's Report for the Rinconada Water Treatment Plant Clarifier Rehabilitation Project.

2.        Adopt the resolution approving the Engineer's Report for the Rinconada Water Treatment Plant Clarifier Rehabilitation Project.

3.        Approve the Project.

4.        Find that the clarifier mechanisms designed and manufactured by EIMCO Water Technologies should be designated by specific brand name as a sole source product in order to match other products already in use at the treatment plant.

5.        Adopt the plans and specifications and authorize advertisement for bids for the construction of the Project per the Notice to Bidders.

6.        Authorize the Designated Engineer to issue addenda, as necessary, during bidding.

10:30 a.m.

6.            Public Hearing--Engineer's Report for Pacheco Pumping Plant Adjustable Speed Drive Replacement Project, Project No. 91954001, and Resolution Approving the Engineer's Report. (D. Chesterman) (EL-7)

Recommendation:

1.      Conduct public hearing on the Engineer's Report for the Pacheco Pumping Plant Adjustable Speed Drive Replacement Project.

2.      Adopt the resolution approving the Engineer's Report for the Pacheco Pumping Plant Adjustable Speed Drive Replacement Project.

3.      Approve the Project.

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-9.8), 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.

 

7.            Resolution Delegating Authority to Deposit and Invest Funds. (D. McClain) (EL-7.5)

Recommendation:      Adopt resolution delegating authority to deposit and invest public funds to the Treasurer, designated by the CEO.

8.            Fiscal Year 2010 Zebra and Quagga Mussel Prevention Program for District Reservoirs. (R. Yep) (EL-7)

Recommendation:      Authorize the CEO to negotiate a cost sharing agreement with the County of Santa Clara to continue the County's boating inspection program for the protection of District reservoirs from invasive zebra and quagga mussels. District portion of voluntary costs are not to exceed the amount of $375,000 for July 1, 2009--June 30, 2010.

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.

 

9.            2009 Board Planning Calendar. (GP-4)

Recommendation:      Discuss the Planning Calendar.

10.          Board of Directors' Quarterly Expense Report for Quarter Ending March 31, 2009. (D. McClain) (GP-10.3.5)

Recommendation:      Review the Board of Directors' Quarterly Expense Report for the quarter ending March 31, 2009, and determine that the reimbursements comply with Board policy.

11.          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.

 

12.          Clean, Safe Creeks and Natural Flood Protection Special Tax Summary Report and Rate Setting for Fiscal Year 2009-2010. (M. Klemencic) (EL-4)

Recommendation:

1.        Accept the Fiscal Year 2009-2010 Clean, Safe Creeks and Natural Flood Protection Special Tax Summary Report.

2.        Adopt the 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 FY 2009-2010.

13.          Amendment No. 2 to Consultant Agreement No. A3142G with Camp Dresser & McKee, Inc., for Construction Engineering Support Services for Rinconada Water Treatment Plant Valves Replacement Project, Project No. 93294045 (Los Gatos). (D. Chesterman) (EL-5.2.2)

Recommendation:      Approve Amendment No. 2 to the Consultant Agreement No. A3142G with Camp Dresser & McKee, Inc. for construction engineering support services for the Rinconada Water Treatment Plant Valves Replacement Project for a compensation sum not to exceed $38,838.

14.          Resolution to Consider Undertaking a Work of Improvement and Setting a Public Hearing on the Engineer's Report--Rinconada Water Treatment Plant and Vasona Pump Station Voice and Data Modification, Project Nos. 93294040 and 93264001. (B. Knoff) (EL-7)

Recommendation:

1.        Adopt the resolution specifying intention to consider undertaking a work of improvement and providing for the notice of time and place of public hearing for the Rinconada Water Treatment Plant and Vasona Pump Station Voice and Data Modification Project, Projects 93294040 and 93264001.

2.        Set a time and place for the public hearing on the Engineer's Report to occur at 10:30 a.m. on June 23, 2009 at the Santa Clara Valley Water District, 5700 Almaden Expressway, San Jose, California.

15.          Resolution to Consider Undertaking a Work of Improvement and Setting a Public Hearing on Engineer's Report--Rinconada Water Treatment Plant Elevator and Alarm Project, Project No. 60204016 (Los Gatos). (M. Richardson) (EL-7, District Act)

Recommendation:

1.      Adopt the resolution specifying intention to consider undertaking a work of improvement and providing for the notice of time and place of public hearing for the Rinconada Water Treatment Plant Elevator and Alarm Project.

2.      Set a time and place for the public hearing on the Engineer's Report to occur at 10:00 a.m. on June 23, 2009 at the Santa Clara Valley Water District, 5700 Almaden Expressway, San Jose, California.

16.          CEO Bulletin for the Week of May 15-21, 2009, including the following responses to Board member Requests:

a.        R-09-0040, Staff is to come up with scenarios on issue of releases from reservoirs regarding the Memorandum of Understanding with Department of Fish and Game for public knowledge. (K. Whitman)

b.        R-09-0041, Staff to clarify issue of Department of Fish and Game water release and non-use of pipeline in South County and agendize for a future Board meeting. (K. Whitman)

c.        R-09-0043, Communications staff is to put together a press release on staff's recommendations on rate increases and the reasons why increased groundwater production charges are necessary. (S. Siravo)

17.          CEO Bulletin for the Week of May 22-28, 2009, including the following responses to Board member Requests:

a.        R-08-0186, Staff is to come back on minor public works next steps. (D. Chesterman)

b.        R-08-0192, Staff is to prepare an agenda item for discussion on raw water turnout and transmission pipeline agreements, including discussion on the corresponding water rates, rights and monitoring processes. (K. Whitman)

c.        R-09-0035, During staff's budget preparation, staff is to look at and discuss Water Efficient Demonstration Garden project during the budget discussions. (K. Whitman)

d.        R-09-0044, Staff is to determine how much is currently being spent on ecological monitoring.  This will later assist in determining whether cost savings were achieved justifying new monitoring framework costs. (A. Draper)

e.        R-09-0045, Staff is to keep the Board informed if there are any delays or hang-ups on the South Bay Salt Pond Restoration Project. (A. Draper)

f.        R-09-0046, Staff is to bring back to the Board before the next water rate hearing, a timetable showing how stakeholder input (Agricultural Water Committee, Water Commission, Retailers) will fit into the rate setting process. (D. McClain)

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

VI.     NEW BOARD MEMBER REQUESTS.

19.          Clerk Review and Clarification of Requests.

VII.       CLOSED SESSION:

20.          CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a): Claim of FCI Constructors, Inc.

21.          CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL--SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b): Two matters

VIII.        ADJOURN:

22.          Adjourn to Regular Meeting at 9:30 a.m., June 23, 2009, at District Headquarters, 5700 Almaden Expressway, San Jose, California.