HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
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. Speaker’s 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.
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.
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.
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.
Recommendation:
Approve
the minutes.
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.
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.
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.
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.
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.
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:
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:
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.
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.
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.
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:
9. BOARD OF DIRECTORS:
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.