HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, August 25, 2009

9:30 AM

I.         CALL TO ORDER:

1.            Roll Call.

Recommendation:

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.

Recommendation:

9:40 a.m.

3.            Public Hearing and Approval of the Fiscal Year 2009-2010 Five-Year Capital Improvement Program.  (D. Chesterman)

Recommendation:

1.   Conduct public hearing on the FY 2009/10 Five-Year CIP; and

2.   Adopt Resolution of the Board of Directors of the Santa Clara Valley Water District approving FY 2009/10 CIP.

10:00 a.m.

4.            Public Hearing - Engineer's Report, Resolution Approving the Engineer's Report and Approve the East Pipeline Rehabilitation Project (Ocala Avenue to Patt Avenue Line Valves), Project No. 94344006 (San Jose).  (F. Maitski)

Recommendation:

1.   Conduct the Public Hearing on the Engineer's Report for the East Pipeline Rehabilitation Project;

2.   Adopt the Resolution approving the Engineer's Report for the East Pipeline Rehabilitation Project; and

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.

 

5.            Adopt Plans and Specifications and Authorize Advertisement for Bids for Construction of the Pond A8 Applied Study Project, Project No. 62044020 (Alviso).  (K. Oven)

Recommendation:

1.   Adopt the plans and specifications and authorize advertisement for bids for the construction of the Pond A8 Applied Study Project per the Notice to Bidders;

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

3.   Adopt the resolution authorizing entering into a construction grant agreement with the State Coastal Conservancy for the Pond A8 Applied Study Project; and

4.   Authorize the CEO to negotiate, amend, and execute the Construction Grant Agreement with the State Coastal Conservancy.

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 - July 14 and 28, 2009, Regular Meeting.  (L. Knoff)

Recommendation:      Approve the minutes.

7.            Recycled Water - Long Term Framework and Stimulus Funding.  (K. Whitman)

Recommendation:     

Long-Term Framework Agreement with the City of San Jose:

1.   Provide direction and input to staff on key elements of the proposed recycled water long-term agreement efforts with the City of San Jose as the administrative agency for the South Bay Water Recycling System.

Stimulus Funding for Two Recycled Water Projects:

1.   Receive status update on the District's two recycled water projects selected to receive federal financial assistance from the American Recovery and Reinvestment Act 2009;

2.   Adopt the resolution specifying intention to consider undertaking a work of improvement South Bay Recycled Water Treatment Facility;

3.   Authorize the CEO to execute an amendment for not-to-exceed $15,000 to the existing consultant agreement (A2936) for the South County Recycled Water Master Plan EIR Study; and

4.   Authorize a budget adjustment in the amount of $15,000 from the Water Utility Enterprise Currently Authorized Project Reserve to fund the amendment for the EIR referenced in recommendation 3.

8.            2009 Board Planning Calendar.

Recommendation:      Discuss the Planning Calendar.

9.            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.

 

10.          Resolution Authorizing Conveyance of Interest in Real Property to the Santa Clara Valley Transportation Authority (VTA), Parcel No. 1029-137.02.  (C. Elias)

Recommendation:

1.   Adopt the resolution authorizing conveyance of interest in real property;

2.   Authorize the CEO to execute the agreement for purchase of property between the District and VTA; and

3.   Authorize the CEO to execute easement deed to VTA.

11.          Consulting Agreement with URS Corporation for Geotechnical Engineering Services for Seismic Stability Evaluation of Almaden, Calero and Guadalupe Dams, and Dam Safety Program Update, Responding to Board Member Request No. R-09-0094.  (F. Maitski)

Recommendation:

1.   Approve a budget adjustment for $3,300,000 from the Operating and Capital Reserve to fund a consultant agreement with URS Corporation for geotechnical engineering services for the seismic stability evaluation of Almaden, Calero and Guadalupe Dams;

2.   Approve consultant agreement with URS Corporation in an amount not to exceed $3,300,000;

3.   Authorize the CEO to execute the agreement with URS Corporation; and

4.   Receive staff's update on the District's Dam Safety Program.

12.          Financial Impact of Proposition 1A Borrowing to the Santa Clara Valley Water District.  (D. McClain)

Recommendation:      Accept the Report.

13.          Fiscal Year 2010-2011 Budget Development Planning Process.  (D. McClain)

Recommendation:

1.   Accept this report on the process, schedule and guidelines for the development of the FY 2010-11 budget; and

2.   Provide direction to staff on the 2010-11 Board priorities and areas of focus.

14.          Resolution Authorizing Conveyance of Interest in Real Property at Lexington Reservoir to the County of Santa Clara, Parcel 9190-142.11.  (K. Whitman)

Recommendation:

1.   Adopt the Resolution authorizing conveyance of interest in real property; and

2.   Authorize the CEO to execute the quitclaim deed to the County of Santa Clara.

15.          CEO Bulletin for the Week of July 31 - August 6, 2009, a.    including the following responses to Board Member Requests:

None.

16.          CEO Bulletin for the Week of August 7 - 13, 2009, including the following responses to Board Member Requests:

R-09-0101, Staff is to provide status on the par course.  (M. Richardson)

17.          Chief Executive Officer Report.

VIII.     NEW BOARD MEMBER REQUESTS.

18.          Clerk Review and Clarification of Requests.

IX.       CLOSED SESSION:

19.          CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Pursuant to Government Code Section 54956.8

Property:  18940 Alum Rock Falls Road

District Negotiators:  Katherine Oven, Deanna Forsythe, Ngoc Nguyen

Negotiating Party:  Santa Clara County Open Space Authority

Under Negotiation:  Price and Terms of Payment

 

20.          CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL-

EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(a):

Claim of FCI Constructors, Inc. (Flatiron)

 

21.          CLOSED SESSION

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Pursuant to Government Code Section 54957(b)(1) Position: District Counsel

 

22.          CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(a):

Santa Clara Valley Water District v. Olin Corporation

USDC, California Northern District

Case No. 07-CV-03756-RMW

X.        ADJOURN:

23.          Adjourn to Regular Meeting at 9:30 a.m., September 8, 2009, at District Headquarters, 5700 Almaden Expressway, San Jose, California.