HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA95118

 

Tuesday, December 13, 2011

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 9:00 AM

1.†††††††† CALL TO ORDER:

1.1          Roll Call.

1.2          Pledge of Allegiance/National Anthem.

1.3          Orders of the Day.

Notice to the public: This item provides an opportunity for the Chair to make adjustments to the order of agenda items.

 

1.4          Time Open for Public Comment on any Item not on the Agenda.

Notice to the public: This item is reserved for persons desiring to address the Board on any matter not on this agenda.Members of the public who wish to address the Board on any item not listed on the agenda should complete a Speaker Card and present it to the Clerk of the Board.The Board Chair will call individuals to the podium in turn.Speakerís comments should be limited to three minutes or as set by the Chair.The law does not permit Board action on, or extended discussion of, any item not on the agenda except under special circumstances.If Board action is requested, the matter may be placed on a future agenda.All comments that require a response will be referred to staff for a reply in writing.

2.†††††††† TIME CERTAIN:

10:00 a.m.

2.1          Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2011.(N. Chu)

Recommendation:

Accept the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2011.

3.†††††††† CONSENT CALENDAR:(3.1 - 3.15)

Notice to the public: There is no separate discussion of individual consent calendar items.Recommended actions are voted on in one motion.If an item is approved on the consent vote, the specific action recommended by staff is adopted.Items listed in this section of the agenda are considered to be routine by the Board; or item delegated to the Board Appointed Officers (BAOs) yet required by law or contract to be Board approved (EL-9.9); and CEO monitoring reports that do not reflect policy violations or call for debate of policy criteria (GP 4.5).†† Any item may be removed for separate consideration at the request of a Board member.Whenever a resolution is on the consent calendar, a roll call vote will be taken on the entire calendar. Members of the public wishing to address the Board on any consent items should complete a Speaker Card and present it to the Clerk of the Board.

 

3.1          Resolution Authorizing the Execution of a Quitclaim Deed to Alan R. and Marsha L. Megenity to Correct a Previously Recorded Grant Deed Affecting a Portion of Los Gatos Creek (District Real Estate File No. 3020-20.02).(C. Elias)

Recommendation:

A.†††††††† Adopt a resolution authorizing the conveyance of an interest in real property interest to Alan R. and Marsha L. Megenity (Megenity) as described in Quitclaim Deed;

B.†††††††† Approve the Quitclaim Deed to Megenity; and

C.††††††† Authorize the Chief Executive Officer to execute the Quitclaim Deed.

3.2          Resolution Making Findings Regarding Mitigated Negative Declaration and Approval of Joint Use Agreement With the City of Milpitas for a Recreational Trail Along Coyote Creek Between North McCarthy Boulevard and Montague Expressway.(L. Lee)

Recommendation:

A.†††††††† Consider the potential environmental effects of the project as discussed in the Initial Study/Mitigated Negative Declaration (IS/MND) prepared by the City of Milpitas (City);

B.†††††††† Adopt the resolution making responsible agency findings pursuant to the California Environmental Quality Act, and Adopting the Initial Study/Mitigated Negative Declaration for the Coyote Creek Trail project;

C.††††††† Approve the Joint Use Agreement (JUA) with the City;

D.††††††† Authorize the Chief Executive Officer to execute the JUA; and

E.†††††††† Authorize the Chair to sign the proposed transmittal letter to the City.

3.3          Consider Lower Berryessa Creek Program and Adopt Resolution Certifying the Program Environmental Impact Report, and Approval of the Lower Berryessa Creek and Lower Calera Creek Elements of the Program.(M. Richardson)

Recommendation:

A.†††††††† Consider the potential environmental effects of the Lower Berryessa Creek Program (Program) as presented in the Final Program Environmental Impact Report (EIR);

B.†††††††† Adopt a Resolution certifying the Final Program EIR, adopting the Mitigation Monitoring and Reporting Program, and Findings of Fact and Statement of Overriding Considerations for the Program; and

C.††††††† Approve the Lower Berryessa Creek and Lower Calera Creek elements of the Program.

3.4          Approval of Minutes:October 14 and 25, 2011, Special Meetings and November 8, 2011, Regular Meeting.(M. King)

Recommendation:

Approve the minutes.

3.5          Amendment Number One to Joint Use Agreement With the City of Palo Alto for a Multi-Use Pathway Along Adobe Creek at Highway 101 (District Real Estate File 1010-12).(C. Elias)

Recommendation:

A.†††††††† Approve the Amendment to the Joint Use Agreement (Agreement) with the City of Palo Alto for a Multi-Use Pathway along Adobe Creek at Highway 101 (District Real Estate File 1010-12);

B.†††††††† Authorize the Chief Executive Officer to execute the Amendment; and

C.††††††† Authorize the Chair to sign the proposed transmittal letter to the City.

3.6          Amendment Number Two to Lease Agreement (Joint Use) With Town of Los Gatos for Recreational Uses Along Los Gatos Creek Near Highway 85 (District Real Estate File 3020-98).(C. Elias)

Recommendation:

A.†††††††† Approve Amendment Number Two to the Lease Agreement (Joint Use) with the Town of Los Gatos for Recreational Uses along Los Gatos Creek (District Real Estate File 3020-98);

B.†††††††† Authorize the Chief Executive Officer to Execute Amendment Number Two; and

C.††††††† Authorize the Chair to sign the proposed transmittal letter to the Town of Los Gatos.

3.7          Budget Adjustment of $200,000 for Fiscal Year 2011-2012 Budget for Dams and Reservoirs General Maintenance (Project No. 91761099).(F. Maitski)

Recommendation:

Approve a $200,000 budget adjustment from the Capital and Operating Reserve to fund additional Fiscal Year 2011 - 2012 dam maintenance costs.

3.8          Claim of Huyen Nguyen.(S. Yamamoto)

Recommendation:

That the Board deny the claim.

3.9          Consideration of 2012-2013 Nominations for Appointment and Re-appointment to the Agricultural Water Advisory Committee, Environmental Advisory Committee, Landscape Advisory Committee, and the Flood Protection and Watershed Advisory Committees, and Adoption of Resolution Expressing Appreciation for an Outgoing Advisory Committee Member.(M. King)

Recommendation:

A.†††††††† Consider and approve nominations for appointment and re-appointment to the Agricultural Water, Environmental, Landscape, and Flood Protection and Watershed Advisory Committees; and

B.†††††††† Adopt resolution expressing appreciation for an outgoing Advisory Committee member.

3.10       Environmental Advisory Committee - Consideration of Advisory Committee's Requests to the Board and Associated Staff Analyses, Annual Work Plans, and Draft Minutes of the October 17, 2011, Meeting.(M. King)

Recommendation:

A.†††††††† Consider the following Environmental Advisory Committee's requests and associated staff analyses resulting from the Advisory Committee's October 17, 2011, meeting:

1.†††††††† The Committee requests that the Board consider the Committee's involvement to give input regarding the Safe, Clean Water and Natural Flood Protection Plan; and

2.†††††††† The Committee requests that the Board please record the Blue Ribbon Forums and make it available to the public;

B.†††††††† If appropriate, modify the Board-approved, annual Advisory Committee work plans; and

C.††††††† Note the draft minutes of the Advisory Committee's October 17, 2011, meeting.

3.11       Chief Executive Officer Bulletin for Week of November 4-10, 2011.

Recommendation:

Receive the Bulletin for the week of November 4-10, 2011.

3.12       Chief Executive Officer Bulletin for Week of November 11-17, 2011.

Recommendation:

Receive the Bulletin for the week of November 11-17, 2011.

3.13       Chief Executive Officer Bulletin for Week of November 18-24, 2011.

Recommendation:

Receive the Bulletin for the week of November 18-24, 2011.

3.14       Chief Executive Officer Bulletin for Week of November 25 - December 1, 2011.

Recommendation:

Receive the Bulletin for the week of November 25 - December 1, 2011.

3.15       Report of Bids Received and Award of Contract for the Administration and Headquarters Lobby Security Project, Contract No. C0576, Project No. 60204016 to BCI Builders, Inc.(R. Subramanian)

Recommendation:

A.†††††††† Ratify Addenda No. 1 and 2 to the Contract Documents;

B.†††††††† Award the Contract to BCI Builders, Inc., in the sum of $380,000; and

C.††††††† Approve a contingency sum of $57,000 and authorize the Chief Executive Officer (CEO) or his designee to approve individual change orders up to the designated amount as follows:

-†††††††††† Facilities Maintenance Unit Manager or Facilities Maintenance Administrator:$5,000.

-†††††††††† Deputy Operating Officer (Designated Engineer):$30,000.

-†††††††††† CEO:Up to $57,000.

REGULAR AGENDA:

4.†††††††† WATER UTILITY ENTERPRISE:

4.1          Planning for Fiscal Year 2012 - 2013 Groundwater Production Charges.(J. Fiedler)

Recommendation:

Discuss planning for Fiscal Year (FY) 2012 - 2013 Groundwater Production Charges and provide feedback to staff.

4.2          Water Supply and Infrastructure Master Plan Update.(J. Fiedler)

Recommendation:

A.†††††††† Receive an update on the Water Supply and Infrastructure Master Plan project;

B.†††††††† Provide input to staff on potential water supply projects and strategies; and

C.††††††† Direct staff to continue development of the Water Supply and Infrastructure Master Plan.

5.†††††††† WATERSHEDS:

5.1          Resolution Making Findings in Support of the Construction of the Silicon Valley Berryessa Extension of the Bay Area Rapid Transit Extension by the Santa Clara Valley Transportation Authority and Authorizing Construction of Certain Permanent Improvements on District Property Prior to Transfer of Real Property Rights.(L. Lee)

Recommendation:

A.†††††††† Consider the potential environmental effect of the Santa Clara Valley Transportation Authority's (VTA) Silicon Valley Berryessa Extension (Extension) project as discussed in the Environmental Impact Report (EIR) and supplemental California Environmental Quality Act (CEQA) documents;

B.†††††††† Adopt a resolution (Attachment 1) making findings of fact in support of the Extension project and making findings pursuant to the CEQA for the construction of the Extension project;

C.††††††† Consider VTA's request to acquire from the Santa Clara Valley Water District (District):

1.†††††††† Fee title right of way for the construction of the Berryessa Station Way Bridge (see Attachment 2 for the location of the proposed fee area); and

2.†††††††† Easements for the construction of an aerial walkway and the relocation of the telecommunication lines (see Attachment 3 for the location of the proposed easement areas);

D.††††††† Authorize the construction of permanent improvements on District property in advance of the transfer of real property land rights to VTA, including the Berryessa Station Way Bridge, aerial walkway and the relocation of the telecommunication lines through the issuance of a Water Resources Protection Ordinance Encroachment Permit; and

E.†††††††† Provide direction for staff to proceed with preparation of documents for Board consideration to convey the respective land rights to VTA and the telecommunication companies (MCI/Verizon).

6.†††††††† CHIEF EXECUTIVE OFFICER:

6.1          Performance Reporting for Fiscal Year 2012 (FY12) Quarter 1.(M. Ruiz)

Recommendation:

Receive the Fiscal Year 2012 Quarter 1 (July - September 2011) Performance Report for Water Utility, Watersheds, Administration, and the Office of the Chief Executive Office.

6.2          Chief Executive Officer's Report.

7.†††††††† ADMINISTRATION:

7.1          Agreement to Extend Services Between the District and Public Resources Advisory Group.(Darin Taylor)

Recommendation:

Authorize the Chief Executive Officer (CEO) to negotiate and execute an amendment to the agreement for financial advisor services between the District and Public Resources Advisory Group (PRAG) that extends the term of that agreement to September 30, 2012.

7.2          Consideration of Memorandum of Understanding Between the Santa Clara Valley Water District and Employees Association (AFSCME - Local 101).(M. Baratz)

Recommendation:

A.†††††††† Approve the terms of the Memorandum of Understanding between the Santa Clara Valley Water District and the Employees Association (AFSCME - Local 101) for the period of January 1, 2012, through December 31, 2014, effective January 1, 2012; and

B.†††††††† Authorize the Chief Executive Officer to sign the Memorandum of Understanding.

7.3          Consideration of Memorandum of Understanding Between the Santa Clara Valley Water District and Engineers Society (IFPTE - Local 21).(M. Baratz)

Recommendation:

A.†††††††† Approve the terms of the Memorandum of Understanding between the Santa Clara Valley Water District and the Engineers Society (IFPTE - Local 21) for the period of January 1, 2012, through December 31, 2014, effective January 1, 2012; and

B.†††††††† Authorize the Chief Executive Officer to sign the Memorandum of Understanding.

7.4          Consideration of Memorandum of Understanding Between the Santa Clara Valley Water District and Professional Management Association (IFPTE - Local 21).(M. Baratz)

Recommendation:

A.†††††††† Approve the terms of the Memorandum of Understanding between the Santa Clara Valley Water District and the Professional Management Association (IFPTE - Local 21) for the period of January 1, 2012, through December 31, 2014, effective January 1, 2012; and

B.†††††††† Authorize the Chief Executive Officer to sign the Memorandum of Understanding.

7.5          Fiscal Year 2012 - 2013 Financial Planning and Budget Development Process Overview.(N. Chu)

Recommendation:

Receive and discuss the overview information of the District's Fiscal Year 2012 - 2013 Financial Planning and Budget Development Process.

8.†††††††† DISTRICT COUNSEL:

8.1          CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6(a): Agency Designated Representatives: Kay Norris and Michael Baratz Employee Organizations: Employees Association Engineers Society Professional Managers Association

9.†††††††† BOARD OF DIRECTORS:

9.1          Landscape Advisory Committee - Consideration of Advisory Committee's Requests to the Board and Associated Staff Analyses, Annual Work Plans, and Draft Minutes of the October 13, 2011, Meeting.(M. King)

Recommendation:

A.†††††††† Consider the following Landscape Advisory Committee requests and associated staff analyses resulting from the Advisory Committee's October 13, 2011, meeting:

1.†††††††† The Committee requests that the Board consider agendizing for a future committee discussion greater support of the Bay-Friendly Coalition and development of a rebate program to install permeable surfaces, such as permeable concrete, in an effort to re-charge the groundwater system and reduce water runoff; and

2.†††††††† The Committee requests that the Board consider agendizing for their January 2012 agenda, discussion on implementation of landscaping water efficiency programs, including programs that include new construction, such as the Department of Water Resources' draft model landscaping ordinance;

B. ††††††† If appropriate, modify the Board-approved, annual Advisory Committee work plans; and

C. †††††† Note the draft minutes of the Advisory Committee's October 13, 2011, meeting.

10.††††† ADJOURN:

10.1       Board Member Reports/Announcements.

10.2       Clerk Review and Clarification of Board Requests.

10.3       Adjourn to Special Meeting at 9:00 a.m., on December 20, 2011, at District Headquarters Building, 5700 Almaden Expressway, San Jose, California.