WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, CALIFORNIA AGENDA BOARD OF DIRECTORS MEETING. 6:00 p.m., Wednesday, April 10, 2013

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1 WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, CALIFORNIA AGENDA BOARD OF DIRECTORS MEETING 6:00 p.m., Wednesday, April 10, 2013 District Office East Sunnyoaks Avenue Campbell, California (408) Chairperson: Ken Yeager Vice-Chairperson: Evan Low Staff Recommendation 1. Roll Call. Confirm Quorum 2. Approval of minutes of previous meeting. Action ORAL COMMUNICATIONS Information 3. This portion of the meeting is reserved for persons wishing to address the board on any matter not on the agenda. WRITTEN COMMUNICATIONS Information 4. None. REPORTS Information 5. San Jose/Santa Clara Water Pollution Control Plant: Amended minutes of the February 14, 2013 regular meeting and minutes of the March 25, 2013 special meeting of the Treatment Plant Advisory Committee. 6. Investment of District Funds: Report on Commingled Funds Invested by the County of Santa Clara for West Valley Sanitation District, as of February 28, Consolidated Income and Expense Statement of West Valley Sanitation District for the period ended February 28, Status update on the District Strategic Plan. All items on the agenda are subject to action or change by the Board of Directors. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the District Secretary at (408)

2 WVSD Agenda April 10, 2013 (Continued) 9. None. UNFINISHED BUSINESS PUBLIC HEARINGS Action 10. Public Hearing to consider the adoption of Resolution No , RESOLUTION OF THE BOARD OF DIRECTORS OF WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, CALIFORNIA, APPROVING CONTINUATION OF THE HILLSIDE MAINTENANCE ZONE FEE. The resolution continues the collection of $50.00 per year for each connected parcel in the hillside zone in Fiscal Year Public Hearing to consider the adoption of WEST VALLEY SANITATION DISTRICT PROPOSED OPERATIONS BUDGET FOR FISCAL YEAR This is the first of two public hearings to consider the proposed budget. The second hearing and adoption is scheduled for May 8, CONSENT CALENDAR (Items to be taken in one motion) Action 12. Approval of payment of invoices, March 14, 2013 April 10, Adoption of Resolution No , RESOLUTION SETTING TIME AND PLACE OF HEARING TO CONSIDER PLACING DELINQUENT FEES AND CHARGES FOR FISCAL YEAR ON THE TAX ROLL. Resolution sets June 12, 2013, as the date of hearing. 14. Congress Springs Road Sanitary Sewer Repair Project: 1. Adoption of RESOLUTION NO , ACCEPTING WORK AND DIRECTING THE DISTRICT MANAGER AND ENGINEER TO FILE NOTICE OF COMPLETION. 2. Authorize the release of retention in the amount of $14, to Pacific Underground Construction, Inc., sixty days after the recordation of Notice of Completion. 15. Adoption of Resolution No , RESOLUTION ACCEPTING SEWERAGE SYSTEM SITUATED WITHIN WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY: Resolution to accept sewer system for maintenance by the district: TRACT 9996 Location: Sequoia Court, Los Gatos, CA Constructed by: LG National, LLC 2

3 WVSD Agenda April 10, 2013 (Continued) NEW BUSINESS 16. Introduction of ORDINANCE NO. 144, AN ORDINANCE OF THE BOARD OF DIRECTORS OF WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, AMENDING SECTION OF THE DISTRICT S ORDINANCE CODE RELATING TO SEWER SERVICE AND USE CHARGES. The noticed public hearing, second hearing and adoption is scheduled for May 8, CLOSED SESSION 17. Status update on Labor Negotiation (Pursuant to Government Code Section ). Agency designated representatives: Jesse Lad, Meyers Nave; Employee organizations: Northern California Carpenters Regional Council, Carpenters 46 Counties Conference Board. RECONVENE IN OPEN SESSION Action/Information 18. Reconvene in open session and report or take action on items discussed in closed session. DIRECTORS' ITEMS Information 19. Directors reports, announcements, and questions. 20. District Manager s report. ADJOURNMENT 21. Adjournment. (Next meeting is scheduled for May 8, 2013.) 3

4 WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, CALIFORNIA BOARD OF DIRECTORS MEETING MARCH 13, 2013 AGENDA ITEM NO /10/13 The Board of Directors of West Valley Sanitation District of Santa Clara County, California, convenes this day in regular session at 6:00 p.m. at the district office, 100 East Sunnyoaks Avenue, Campbell, California, with the following members present: Marshall Anstandig, Steven Leonardis, Evan Low, Chuck Page, and Ken Yeager, Chairperson. Staff present are Jon Newby, District Manager and Engineer; Edward H. Oyama, Director of Engineer and Operations; Sarah Olinger, Deputy District Counsel; and Lesha Luu, Secretary. The minutes of the previous meeting are approved as presented. Oral communications: This portion of the meeting is set aside for persons wishing to address the board on any matter not on the agenda. There is no public comment. Written communications: No written communications have been received. Reports: The following items are submitted for action in one motion: San Jose/Santa Clara Water Pollution Control Plant: Minutes of the February 14, 2013 regular meeting of the Treatment Plant Advisory Committee. The District Manager reports that the minutes did not include Director Page s motion to discuss rate stabilization for the tributary agencies prior to approval or recommending a budget or financing plan. The District will be working with the City of San Jose to rectify the minutes. Investment of District Funds: Report on Commingled Funds Invested by the County of Santa Clara for West Valley Sanitation District as of January 31, 2013; and Report from County Controller as of December 31, Consolidated Income and Expense Statement of West Valley Sanitation District for the period ended January 31, West Valley Sanitation District of Santa Clara Valley Comment Letter and Draft Environmental Report on San Jose/Santa Clara Water Pollution Control Plant s Master Plan. The District Manager summarizes each item on the report. Status report on the 2010 Sanitary Sewer Repairs contract with Pacific Underground Construction, Inc. The reports are accepted. Unfinished business: There is no unfinished business to come before the board. 1

5 WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, CALIFORNIA BOARD OF DIRECTORS MEETING MARCH 13, 2013 (Continued) Consent Calendar: The following items are submitted for action in one motion: Approval of payment of invoices, February 14, 2013 March 13, Adoption of Resolution No , Resolution of the Board of Directors of West Valley Sanitation District of Santa Clara County Setting A Time and Place of Public Hearing to Consider the Adoption of the District s Proposed Operations Budget For Fiscal Year The first hearing is scheduled for April 10, 2013; second hearing and adoption are scheduled for May 8, Adoption of Resolution No , Resolution of the Board of Directors of West Valley Sanitation District of Santa Clara County Setting A Time and Place of Public Hearing to Consider the Continuation of the Hillside Sewer Maintenance Zone Fee for Fiscal Year There is no change proposed in the hillside fee of $50.00 per year for each connected property in the hillside zone. The hearing date is scheduled for April 10, Adoption of Resolution No , Resolution of the Board of Directors of West Valley Sanitation District of Santa Clara County Setting A Time and Place of Public Hearing to Consider the Continuation of the Storm Drain Management Fee for Fiscal Year There is no change proposed in the storm drain program fees. The hearing date is scheduled for May 8, Authorization for Board and executive staff to attend the California Association of Sanitation Agencies conference, April 24-26, 2013, in Newport Beach. Consent Calendar is approved unanimously. New Business: Proposed sewer service rate increases. A ten-year financial plan update and rate analysis has been prepared by Bartle Wells Associates. Financial analysts Doug Dove and Jason Bartlett are present to address the board with a slide presentation and to discuss their findings and recommendations. Staff recommends a 5-year rate increase of 10.0%, 10.0%, 10.0%, 9.5% and 9.0% respectively starting in fiscal year This would enable the District to keep pace with the $950 million in capital improvement projects over the next 7 years required by the San Jose/Santa Clara Wastewater Treatment Plant. The rate increase requires Proposition 218 notification, and would not go forward if a majority protest is received from property owners impacted by the rate increase. Staff recommends that the board approve Scenario 2 financing plan, Notice to Property Owners of Public Hearing on Sewer Rates, Guidelines for Submission and Tabulation of Protests Pursuant to Article XIII D of the California Constitution, and April 10 and May 8 as the dates for readings and proposed rate increase and for public comment hearing. Staff recommendation is approved. 2

6 WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, CALIFORNIA BOARD OF DIRECTORS MEETING MARCH 13, 2013 (Continued) Closed Session: The board adjourns at 6:44 p.m. to closed session for Conference with Labor Negotiators (Pursuant to Government Code Section ). Agency designated representatives: Jesse Lad, Meyers Nave; Employee organizations: Northern California Carpenters Regional Council, Carpenters 46 Counties Conference Board. The board reconvenes in open session at 7:51 pm giving staff direction to enter into contract negotiations. There are no directors items. There being no further items of business, the meeting is adjourned at 7:52 p.m. Attest: KEN YEAGER, CHAIRPERSON Secretary 3

7 DRAFT AMENDED-MINUTES OF THE SAN JOSE/SANTA CLARA TREATMENT PLANT ADVISORY COMMITTEE City Hall, City Manager s Office, 17 th Floor, Room 1734 Thursday, February 14, 2013 at 4:30 p.m. 1. ROLL CALL Minutes of the Treatment Plant Advisory Committee convened this date at 4:30 p.m. Roll call was then taken, with the following members in attendance: Committee members: John Gatto, Jamie Matthews, Jose Esteves, Pat Kolstad, Madison Nguyen, Chuck Reed, Ed Shikada, Chuck Page Staff present: Linda Charfauros, Joanna De Sa, Rene Eyerly, Ashwini Kantak, Monica Perras, Kerrie Romanow, Rosa Tsongtaatarii Others present: Chris de Groot (City of Santa Clara), Kathleen Phalen (City of Milpitas), Nina Grayson, Mike O Connell (City of San Jose/Public Works), John Newby(West Valley Sanitation), Madison Casserly (Kennedy/Jenks Consultants), Surendra Thakral (Parsons), David Wall (member of the public). 2. APPROVAL OF MINUTES A. January 10, 2013 Item 2.A was approved. Committee Members Esteves, Kolstad and Page abstain. David Wall presented a speaker card on this item. 3. UNFINISHED BUSINESS/REQUEST FOR DEFERRALS 4. DIRECTORS REPORT Kerrie Romanow, Director of Environmental Services spoke about the flaring at the Plant due to the ongoing challenges of the fuel cells ability to operate on bio gas, the 25% vacancy rate for critical job functions and continuing to work on our ongoing compensation challenges, rate flows study update and the Plant name change. Committee member Gatto asked to consider using Resource Recovery in the new Plant name. 5. AGREEMENTS/ACTION ITEMS AGENDA ITEM NO. 5 04/10/13 A. Amendments to extend Master Agreements for Engineering Services Between the City of San Jose and Various Firms for the San Jose/Santa Clara Water Pollution Control Plant Capital Improvement Program Staff Recommendation: Approve the first amendments to the CIP master agreement with AECOM and Brown & Caldwell, and the first amendments to the Electrical master agreements with Black & Veatch, Carollo Engineers, and CH2M Hill, to

8 Page 2 TPAC Minutes extend the terms from June 30, 2013 to June 30, 2015, for a engineering consultant services to support the San Jose/Santa Clara Water Pollution Control Plant (Plant) Capital Improvement Program, with no increase to the maximum compensation. The first amendments to the CIP master agreement will be considered by the San Jose City Council on February 26, Item 5.A was approved unanimously. David Wall presented a speaker card on this item. B. Report on Bids and Award of Contract for the 6631 Dissolved Air Floatation Dissolution Improvements Project Staff Recommendation: 1) Award the construction contract for the Dissolved Air Flotation Dissolution Improvements Project to the low bidder, Monterey Mechanical Co., Oakland, CA in the amount of $535,000. 2) Approve a 15% contingency in the amount of $80,000. The Report on Bids and Award of Contract was considered by the San Jose City Council on February 26, Item 5.B was approved unanimously. C. Agreement to provide temporary staffing at the water pollution control plant Staff Recommendation: A. Authorize the City Manager to execute an agreement with HKA Enterprises, Inc. to provide Plant Operators and Plant Mechanics temporary staffing resources for the Water Pollution Control Plant (WPCP), for the term beginning March 1, 2013 through March 1, 2014, in an amount not to exceed $1,500,000, subject to the appropriation of funds. B. Authorize the City Manager to exercise up to four additional one-year options to extend the term of the agreement through March 1, 2018, subject to the appropriation of funds. The Agreement to provide temporary staffing was considered by the San Jose City Council on March 5, Item 5.C was approved unanimously. Members of TPAC did express concern that the use of temporary services will result in increased costs over the long term. TPAC will receive updates regarding expenditure for temp services as part of the budget process, and the quarterly updates on Plant staffing levels. David Wall presented a speaker card on this item. 6. OTHER BUSINESS/CORRESPONDENCE 7. STATUS OF ITEMS PREVIOUSLY RECOMMENDED FOR APPROVED BY TPAC A. Report on Bids and Award of Contract for the 6900-Los Esteros Road Zanker Road Service Lateral Project

9 Page 3 TPAC Minutes REPORTS Staff Recommendation: TPAC recommendation to Council acceptance of: 3) Award the construction contract for the Los Esteros Road Zanker Road Service Lateral Project to the lowest bidder, Northern Underground Construction, Inc., in the amount of $663,308. 2) Approve a contingency in the amount of $100,000. The Report on Bids and Award of Contract was approved by the San Jose City Council on January 15, Item 7.A was approved to note and file. A. Open Purchase Orders Greater Than $100,000 The attached monthly Procurement and Contract Activity Report summarizes the purchase and contracting of goods with an estimated value between $100,000 and $1 million and of services between $100,000 and $250,000. Item 8.A was approved to note and file. 9. MISCELLANEOUS A. The next TPAC meeting will be March 14, 2013 at 4:30p.m., City Hall, City Manager s Office, 17 th Floor, Room PUBLIC COMMENT David Wall presented a speaker card on this Item. At this point in the meeting, a motion was made by Committee Member Page and seconded by Committee Member Nguyen to have a discussion on how to create rate stabilization for the tributary agencies prior to approval or recommending a budget or financing to Council. 11. ADJOURNMENT A. The Treatment Plant Advisory Committee adjourned at 5:00 p.m. Chuck Reed, Chair Treatment Plant Advisory Committee

10 DRAFT MINUTES OF THE SAN JOSE/SANTA CLARA TREATMENT PLANT ADVISORY COMMITTEE City Hall, City Manager s Office, 17 th Floor, Room 1734 Thursday, March 25, 2013 at 1:30-2:30 p.m. 1. ROLL CALL Minutes of the Treatment Plant Advisory Committee convened this date at 1:30 p.m. Roll call was then taken, with the following members in attendance: Committee members: Kansen Chu-arrived at 1:40pm, Jose Esteves, John Gatto, Patricia Jamie Matthews arrived at 1:48pm, Madison Nguyen, Chuck Page, Chuck Reed, Ed Shikada, Staff present: Monica Perras, Kerrie Romanow, Joanna De Sa, Julia Cooper, Dave Sykes Others present: Nina Hawk (City of Santa Clara), Kathleen Phalen (City of Milpitas), John Newby(West Valley Sanitation), Jill Chamberlaine (Kennedy/Jenks Consultants), Surendra Thakral, Frank X. Collins(Parsons), David Zolezzi, Mark Giovanetti, Jeff Janssen, Ashwini Kantak, Julia Nguyen, Linda Charfauros, Rene Eyerly, John Cannon(City of San Jose) J. Peter Detlefs, Edmund Soong (PRAG), Joe McCarthy, Joey McCarthy(McCarthy Properties), Nichol Bowersox, Steve Machida (Cupertino Sanitary District). 2. APPROVAL OF MINUTES A. February 14, 2013 Item 2.A was approved. 3. UNFINISHED BUSINESS/REQUEST FOR DEFERRALS 4. DIRECTORS REPORT A. Directors Verbal Report: Kerrie Romanow, Director of Environmental Services, reported that EIR public comment period closed. We continue to focus on solutions to our staffing shortage and our vacancy rate remains steady at 25%. Last week Fitch affirmed the triple A rating of the San Jose Santa Clara Clean Water Financing Authority. Jon Newby(West Valley Sanitation) presented a speaker card on rate stabilization. Committee Member Page requested the contents of Mr. Newby s comments be added to the minutes. (See attached statement) B. PowerPoint Presentation-San Jose-Santa Clara Water Pollution Control Plant Capital Improvement Program Financing:

11 Page 2 TPAC Minutes Kerrie Romanow, Director of Environmental Services, reviewed staff focus on rebuilding facility while softening rate impacts and therefore continues to recommend external financing for package 2 projects. Julia Cooper, Director of Finance, presented financing options. Committee Member Reed summarized that the Plant Master Plan has come before TPAC several dozen times and suggested new TPAC member be briefed. Committee Member Page noted West Valley Sanitation Districts desire for rate stabilization. 5. AGREEMENTS/ACTION ITEMS A. San Jose/Santa Clara Water Pollution Control Plant-Name Change Staff Recommendation: Accept staff report and refer to Council for approval of staff recommendations: 1. Approve identifying the San Jose/Santa Clara Water Pollution Control Plant (Plant) as the San José-Santa Clara Regional Wastewater Facility in future communications and public outreach regarding this facility and; 2. Approve a corresponding logo for the Plant s proposed new name, San José- Santa Clara Regional Wastewater Facility, for use in future communications and public outreach. The San Jose/Santa Clara Water Pollution Control Plant-Name Change was heard by the Transportation and Environment Committee on March 4, 2013 and was approved by the San Jose City Council on March 26, Motion by Committee Member Matthews, seconded by Committee Member Page to approve Item 5.A. Committee Member Gatto voted NO. B. Report on Request for Proposal for Citywide Security Guard Services Staff Recommendation: Approve the report on Request for Proposal (RFP) for Citywide Security Guard Services and adoption of a resolution authorizing the City Manager to: 1. Execute agreements with First Alarm Security & Patrol, Inc.(San Jose, CA), Cypress Private Security (San Jose, CA), and National Security Industries & Services (San Jose, CA) for Security Guard Services for an initial five year term ending March 31, 2018, and maximum compensation for all of the agreements not to exceed $3,209,864 for the period April 1, 2013 through March 31, 2014 as follows: Maximum Department Compensation (year 1) Aviation/Airport (First Alarm) $2,002,750 ESD/Water Pollution Control Plant (First Alarm) 395,905 Office of Economic Development/Work2Future (National) 160,598

12 Page 3 TPAC Minutes Parks, Recreation & Neighborhood Services (Cypress) 120,704 Public Works (First Alarm) 51,554 Transportation (First Alarm) 478,353 Total $3,209, Execute amendments and change orders as required to add or delete facilities, or change service levels due to seasonal changes or budget constraints, subject to the appropriation of funds. 3. Execute up to five one-year options to extend the term of the agreements, subject to the appropriation of funds. 4. Adjust the maximum compensation annually consistent with the terms of the agreements not to exceed 3% or the percentage adjustment to the City s Living Wage, whichever is greater, subject to the appropriation of funds. The Report on Request for Proposal (RFP) for Citywide Security Guard Services and adoption of a resolution is scheduled was approved by the San Jose City Council on March 26, Item 5.B was approved unanimously. C. Agreement For Executive Program Advisor Services For The San Jose/Santa Clara Water Pollution Control Plant Capital Improvement Program Staff Recommendation: Adoption of a resolution to authorize the City Manager to: 1. Execute an agreement with Michael Gritzuk, P.E. to provide executive program advisor services for the San Jose/Santa Clara Water Pollution Control Plant Capital Improvement Program from the date of execution to June 30, 2014 in an amount not to exceed $345,000, and to provide for up to four one-year options to extend the term through June 30, 2018, subject to appropriation of funds. 2. Execute amendments as required to adjust the compensation consistent with negotiated rates for each option term, subject to the appropriation of funds. The Agreement for Executive Program Advisor Services for The San Jose/Santa Clara Water Pollution Control Plant Capital Improvement Program is scheduled to be considered by the San Jose City Council on March 26, Item 5.C was approved unanimously. 6. OTHER BUSINESS/CORRESPONDENCE 7. STATUS OF ITEMS PREVIOUSLY RECOMMENDED FOR APPROVED BY TPAC

13 Page 4 TPAC Minutes A. Amendments to extend Master Agreements for Engineering Services Between the City of San Jose and Various Firms for the San Jose/Santa Clara Water Pollution Control Plant Capital Improvement Program Staff Recommendation: Approve the first amendments to the CIP master agreement with AECOM and Brown & Caldwell, and the first amendments to the Electrical master agreements with Black & Veatch, Carollo Engineers, and CH2M Hill, to extend the terms from June 30, 2013 to June 30, 2015, for a engineering consultant services to support the San Jose/Santa Clara Water Pollution Control Plant (Plant) Capital Improvement Program, with no increase to the maximum compensation. The first amendments to the CIP master agreement will be considered by the San Jose City Council on February 26, Item 5.A was approved unanimously. David Wall presented a speaker card on this item. B. Report on Bids and Award of Contract for the 6631 Dissolved Air Floatation Dissolution Improvements Project Staff Recommendation: 1) Award the construction contract for the Dissolved Air Flotation Dissolution Improvements Project to the low bidder, Monterey Mechanical Co., Oakland, CA in the amount of $535,000. 2) Approve a 15% contingency in the amount of $80,000. The Report on Bids and Award of Contract was considered by the San Jose City Council on February 26, Item 5.B was approved unanimously. C. Agreement to provide temporary staffing at the water pollution control plant Staff Recommendation: A. Authorize the City Manager to execute an agreement with HKA Enterprises, Inc. to provide Plant Operators and Plant Mechanics temporary staffing resources for the Water Pollution Control Plant (WPCP), for the term beginning March 1, 2013 through March 1, 2014, in an amount not to exceed $1,500,000, subject to the appropriation of funds. B. Authorize the City Manager to exercise up to four additional one-year options to extend the term of the agreement through March 1, 2018, subject to the appropriation of funds. The Agreement to provide temporary staffing was considered by the San Jose City Council on March 5, Item 5.C was approved unanimously. Members of TPAC did express concern that the use of temporary services will result in increased costs over the long term. TPAC will receive updates regarding expenditure for temp services as part of the budget process, and the quarterly updates on Plant staffing levels. David Wall presented a speaker card on this item.

14 Page 5 TPAC Minutes REPORTS Items 7 A-C were approved to note and file. A. Open Purchase Orders Greater Than $100,000 The attached monthly Procurement and Contract Activity Report summarizes the purchase and contracting of goods with an estimated value between $100,000 and $1 million and of services between $100,000 and $250,000. Item 8.A was approved to note and file. 9. MISCELLANEOUS A. The next TPAC meeting will be April 11, 2013 at 4:30p.m., City Hall, City Manager s Office, 17 th Floor, Room PUBLIC COMMENT 11. ADJOURNMENT A. The Treatment Plant Advisory Committee adjourned at 2.25 p.m. Chuck Reed, Chair Treatment Plant Advisory Committee

15 AGENDA ITEM NO /10/13 INVESTMENT REPORT AS OF FEBRUARY 2013 COMMINGLED FUNDS INVESTED BY THE COUNTY OF SANTA CLARA FOR WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY INTEREST FUND FUND BALANCE 7/1/12 TO DATE GENERAL (OPERATIONS) $ 24,859, $ 94, TRUST 431, , (note 1) RESTRICTED HILLSIDE 875, , RESTRICTED STORM 1, , $ 26,168, $101, EARNED INTEREST RATES FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR st Quarter (July-Sept) (note 2) 2nd Quarter (Oct-Dec) (note 2) 3rd Quarter (Jan-Mar) 4th Quarter (Apr-June) Note (1): Interest earned on the Trust Fund is posted to the General (Maintenance and Operations) Fund. Note (2): Interest on all funds is posted quarterly, following the quarter in which the interest is earned; i.e. interest earned in the first quarter is posted in the second quarter.

16 AGENDA ITEM NO. 7 04/10/13 WEST VALLEY SANITATION DISTRICT CONSOLIDATED EXPENSE STATEMENT BUDGET REPORT EIGHT MONTHS ENDED FEBRUARY, 2013 YR TO DATE BUDGET PERCENT OF YEAR EXPIRED, 67 UNDER LESS FINAL YEAR TO DATE % (OVER) EXP. EXPENSES BUDGET EXPENDED EXPENDED BUDGET % SALARIES AND EMPLOYEE BENEFITS SALARIES $2,855,617 1,879,211 66% $976,406 34% BENEFITS 1,722, ,373 45% 945,833 55% TOTAL SALARIES & BENEFITS 4,577,823 2,655,584 58% 1,922,239 42% OPERATING EXPENSES DIRECTORS' FEES 16,650 4,650 28% 12,000 72% GASOLINE, OIL & FUEL 70,000 41,712 60% 28,288 40% INSURANCE 241, ,015 98% 5,985 2% MEMBERSHIPS 34,700 31,148 90% 3,552 10% OFFICE EXPENSE 49,600 26,081 53% 23,519 47% INFORMATION SERVICES 287, ,643 57% 124,164 43% CONTRACTUAL SERVICES 37,300 19,983 54% 17,317 46% TREATMENT PLANT 7,200,201 4,466,779 62% 2,733,422 38% PROFESSIONAL SERVICES 685, ,845 57% 296,155 43% PRINTING & PUBLICATIONS 12,500 3,997 32% 8,503 68% RENTS & LEASES 20,500 11,938 58% 8,562 42% REPAIRS & MAINTENANCE 271, ,759 49% 137,341 51% PROFESSIONAL DEVELOPMENT 84,075 29,208 35% 54,867 65% UTILITIES 86,200 40,749 47% 45,451 53% OTHER 9,950 5,618 56% 4,332 44% REVENUE BOND DEBT SERVICE 1,457,000 1,120,791 77% 336,209 23% TOTAL OPERATING EXPENSES 10,563,583 6,723,916 64% 3,839,667 36% GENERAL FIXED ASSETS 179,900 35,207 20% 144,693 80% SUBSURFACE LINES 4,215,000 1,528,397 36% 2,686,603 64% SEPTIC SYSTEM ABANDONMENT PROGRAM 10, % 10, % TREATMENT PLANT & JOINT LINES 2,540, ,943 17% 2,097,270 83% DISCOUNT FACTOR (1,041,767) 0 0% (1,041,767) 100% TOTAL CAPITAL OUTLAY 5,903,346 2,006,547 34% 3,896,799 66% TOTAL EXPENDITURES $21,044,752 $11,386,047 54% $9,658,705 46%

17 WEST VALLEY SANITATION DISTRICT CONSOLIDATED INCOME STATEMENT BUDGET REPORT EIGHT MONTHS ENDED FEBRUARY, 2013 YR TO DATE RCD. PERCENT OF YEAR EXPIRED, 67 (UNDER) LESS FINAL YEAR TO DATE % OVER BUDGET INCOME BUDGET RECEIVED RECEIVED BUDGET % OPERATING INCOME SEWER SERVICE CHARGES-TAX ROLL $15,540,290 $8,699,619 56% ($6,840,671) -44% SEWER SERVICE CHARGES-OTHER 757, ,179 92% (60,821) -8% CONNECTION FEES 1,050,000 1,304, % 254,981 24% PERMIT & INSPECTION FEES 383, ,888 57% (166,112) -43% LABOR AND OVERHEAD BILLED 25,000 12,500 50% (12,500) N/A PLAN CHECKING FEES 7,000 7, % 2 0% TREATMENT PLANT CAPACITY FEES 450, ,728 75% (113,272) -25% STORM CLEANING FEES 100, , % 42,356 42% CLEAN WATER PROGRAM (NPS) 120, ,253 85% (17,747) -15% STORM FUND ADMINISRATIVE FEE 7, % (7,500) -100% TOTAL OPERATING INCOME 18,439,790 11,518,506 62% (6,921,284) -38% NON-OPERATING INCOME INTEREST - COUNTY & CSCDA BONDS 143,000 98,329 69% (44,671) -31% SSAP PRINCIPAL & INTEREST 67,000 45,988 69% (21,012) -31% OTHER NON-OPERATING REVENUE 15,000 65, % 50, % TOTAL NON-OPERATING REVENUE 225, ,795 93% (15,205) -7% TOTAL INCOME 18,664,790 11,728,301 63% (6,936,489) -37% TOTAL EXPENDITURES 21,044,752 11,386,047 54% (9,658,705) -46% NET INCOME (EXPENDITURES) (2,379,962) 342,254 $ 2,722,216 CASH BALANCE JUNE 30, ,535,905 24,535,905 INCREASE IN ACCOUNTS RECEIVABLE 27,650 DUE TO (FROM) OTHER FUNDS (45,901) CASH BALANCE FEB. 28, 2013 $ 22,155,943 $ 24,859,908

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19 April 4, 2013 Page 2 of 2 District Strategic Plan Update The 2013 Business Risk Analysis will be completed prior to the Goals and Objectives workshop scheduled for mid-april. The anticipated completion of the strategic planning effort is expected at the end of May which will be followed by a presentation of a draft District Strategic Plan at the June Board Meeting. 2

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21 RESOLUTION NO A RESOLUTION OF THE BOARD OF DIRECTORS OF WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, CALIFORNIA, APPROVING CONTINUATION OF THE HILLSIDE SEWER MAINTENANCE ZONE FEE THE BOARD OF DIRECTORS OF THE WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY RESOLVES AS FOLLOWS: WHEREAS, the Board of Directors of the West Valley Sanitation District has previously adopted Ordinance No. 104 creating and establishing the authority for imposing and charging a Hillside Sewer Maintenance Zone Fee; and WHEREAS, the Board of Directors, on May 9, 1990, by Resolution Number , imposed a fee of fifty dollars ($50.00) per year for each sewer connection permit, the proceeds of which fee shall be used solely in connection with repairs to sewer lines within the Hillside Zone, which repairs are necessitated by land movement or erosion; and WHEREAS, pursuant to Ordinance No. 104 and Resolution Number , said fee, at the beginning of each fiscal year, shall be reviewed by the District Manager and Engineer for the purpose of determining the amount of fees generated, the estimated cost of repairs which may be needed, the continued need for a reserve account of those repair costs, and the reasonable relationship between that need and the anticipated impact for which the fee is charged; and WHEREAS, the District Manager and Engineer has conducted such a review and has submitted his findings in a written report recommending that said fee continue to be collected and that no adjustment of the amount of said fee should be made; and WHEREAS, said report has been presented to the Board of Directors at a noticed public hearing on April 10, 2013; NOW, THEREFORE, it is hereby resolved by the Board of Directors of West Valley Sanitation District of Santa Clara County that: 1. The annual report of the District Manager/Engineer is hereby accepted, noted and filed. 2. The following members of the public appeared and spoke to the board: Res Hillside adopt

22 3. The Board of Directors, after hearing and reviewing evidence presented, incorporated the findings and recommendations of the District Manager and Engineer, to wit: That the need for a Hillside Sewer Maintenance Zone Fee continues to exist as described in Resolution Number , previously adopted by the board, that the amount of fees generated will adequately cover the estimated cost of repairs that will be needed in the future, and that the amount of fee [fifty dollars ($50.00) per annum per sewer connection] should continue to be collected without adjustment. PASSED AND ADOPTED at a regular Board of Directors meeting of the West Valley Sanitation District of Santa Clara County this 10th day of April, 2013, by the following vote: AYES: NOES: Directors Directors ABSENT: Directors Chairperson of the Board of Directors of West Valley Sanitation District Attest: Secretary Res Hillside adopt

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53 REPORT ON DELINQUENT FEES AND CHARGES TO BE COLLECTED ON TAX ROLL INVOICE NUMBER PROPERTY OWNER INVOICE DATE PROPERTY LOCATION & APN AMOUNT DUE MS 0911 Scott Su and Susan Larkin $10, /12/ Olympia Avenue, Campbell, CA APN # MS 0912 Joe and Duan Wang $10, /13/ Union Avenue, Campbell, CA APN # MS 0914 Russell Maynard $ 8, /13/ Olympia Avenue, Campbell, CA APN # MS 0920 Bruce & Diane Lerman $ 1, /30/ Romita Court, Monte Sereno, CA APN # TOTAL DELINQUENT FEES ON TAX ROLL $31,830.48

54 RESOLUTION NO RESOLUTION OF THE BOARD OF DIRECTORS OF WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY SETTING A TIME AND PLACE OF PUBLIC HEARING TO CONSIDER PLACING DELINQUENT FEES AND CHARGES FOR FISCAL YEAR ON THE TAX ROLL RECITALS: 1) The Board of Directors of West Valley Sanitation District of Santa Clara County, California, is empowered under Section 5473 of the Health and Safety Code of the State of California to have fees and charges collected on the tax roll in the same manner, by the same person, and at the same time as, together with, and not separately from, its general taxes. 2) A report has been filed with the District Secretary which contains a list of delinquent fees and charges for the fiscal year and a description of each parcel of real property on which such charges are owed. IT IS THEREFORE RESOLVED, that a public hearing to consider placing delinquent fees and charges for fiscal year on the tax roll is set on Wednesday, June 12, 2013, at 6:00 p.m. at the district office, 100 East Sunnyoaks Avenue, Campbell, California The Secretary of said West Valley Sanitation District shall cause notice of the proposed action, and of the time and place of said public hearing, to be published once a week for two successive weeks prior to the date of said hearing in the Campbell Express, which is a newspaper of general circulation printed and published in said West Valley Sanitation District. PASSED AND ADOPTED by the Board of Directors of West Valley Sanitation District of Santa Clara County, California, at a regular meeting of the Board of Directors held on the 10th day of April, 2013, by the following vote: AYES: NOES: ABSENT: Attest: Directors Directors Directors Chairperson, Board of Directors West Valley Sanitation District of Santa Clara County Secretary Delinquent Fees set timeplace

55 WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY NOTICE OF PUBLIC HEARING TO CONSIDER COLLECTING DELINQUENT FEES AND CHARGES FOR FISCAL YEAR ON THE TAX ROLL Pursuant to a resolution directing this notice, adopted on April 10, 2013, by the Board of Directors of West Valley Sanitation District of Santa Clara County, said board, on the 12 th of June, 2013, at the hour of 6:00 p.m. of said day, at the office of said sanitation district, will consider collecting delinquent fees and charges for fiscal year on the tax roll. The board, at that time, will hear and consider all statements or objections made by any member of the public regarding the proposed action. A report of delinquent fees and charges has been filed with the Secretary of said District. Copies of the report may be obtained at the district office, 100 East Sunnyoaks Avenue, Campbell, California. All interest persons may appear and be heard at the above-described time and place. Written communications should be filed prior to the date of hearing. DATED: April 10, 2013 s) Lesha Luu District Secretary

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58 RESOLUTION NO A RESOLUTION ACCEPTING COMPLETION OF WORK AND DIRECTING DISTRICT MANAGER AND ENGINEER TO FILE NOTICE OF COMPLETION SANITARY SEWER REPAIR PROJECT CONGRESS SPRINGS ROAD (STATE ROUTE 9), SARATOGA, CALIFORNIA RESOLVED, by the Board of Directors of West Valley Sanitation District of Santa Clara County, California, that, WHEREAS, the District Manager and Engineer of said District has filed, with the Secretary of said District, a certificate as to the completion of all of the work provided to be done under and pursuant to the contract between said Pacific Underground Construction, Inc., dated October 10, 2012, covering construction to accomplish the Sanitary Sewer Repair Project, Congress Springs Road (State Route 9), Saratoga, California; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That acceptance of completion of said work be, and it is hereby, made and ordered, to be effective April 10, That the District Manager and Engineer is directed to execute and file with the County Recorder of the County of Santa Clara, Notice of Completion thereof, as required by law. PASSED AND ADOPTED by the Board of Directors of West Valley Sanitation District of Santa Clara County, on the 10th day of April 2013, by the following vote: AYES: NOES: Directors Directors ABSENT: Directors Attest: Chairperson of said Board of West Valley Sanitation District of Santa Clara County, California Secretary Resolution/NOC Congress Springs Road Sanitary Sewer Repair Project

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60 RE: Tract 9996 Sequoia Court, Los Gatos RESOLUTION NO RESOLUTION ACCEPTING SEWERAGE SYSTEM INSTALLED BY LG NATIONAL, LLC, AND SITUATED WITHIN THE WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, STATE OF CALIFORNIA WHEREAS, LG NATIONAL, LLC, being the sole and exclusive owner(s) of the sewerage system described as follows: Install approximately 190 lineal feet of 8 sanitary sewer main and its appurtenances within Tract 9996, Sequoia Court, Los Gatos, Santa Clara County, all in accordance with the plans and specifications prepared by the civil engineer, BFK, Job No , have constructed said sewerage system in accordance with the provisions of West Valley Sanitation District of Santa Clara County Ordinances and Specifications; and WHEREAS, the District Manager and Engineer of said West Valley Sanitation District of Santa Clara County has caused to be inspected said sewerage system, and finds said sewerage system to be constructed in compliance with said Ordinances and Specifications, and does recommend to this Board that said sewerage system be accepted and thereby be included within the sewerage system of West Valley Sanitation District of Santa Clara County; and WHEREAS, the owner (s) of said sewerage system have offered to convey and transfer to West Valley Sanitation District of Santa Clara County, subject to the terms and conditions of said offer, all of the said owners rights, title and interest in and to said sewerage system; and WHEREAS, said owners do, in their offer, declare and warrant that they are the sole and exclusive owners in and of said sewerage system; NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED that West Valley Sanitation District of Santa Clara County, acting by and through its Board of Directors, does hereby accept the offer of the owner (s) of the above-described sewerage system, subject to the terms and conditions expressly stated in said offer. AND IT IS FURTHER ORDERED THAT from and after this date said sewerage system shall be, and it is hereby, made a part of the sewerage system of West Valley Sanitation District of Santa Clara County.

61 PASSED AND ADOPTED by the Board of Directors of West Valley Sanitation District of Santa Clara County, State of California, this 10th day of April, 2013, by the following vote: AYES: NOES: ABSENT: Directors Directors Directors Chairperson of the Board of Directors of West Valley Sanitation District of Santa Clara County, State of California (District Seal) Secretary of said Board B-39 Rev

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63 ORDINANCE NO. 144 AN ORDINANCE OF THE BOARD OF DIRECTORS OF WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, AMENDING SECTION OF THE DISTRICT S ORDINANCE CODE RELATING TO SEWER SERVICE AND USE CHARGES The Board of Directors of the West Valley Sanitation District of Santa Clara County do hereby find and declare: WHEREAS, the West Valley Sanitation District of Santa Clara County (District) levies sewer service and use charges for properties within the District s jurisdiction and connected to the District s sewer system, pursuant to the authority granted by state law; and WHEREAS, the District, having retained the independent rate consulting firm Bartle Wells Associates to complete a ten year financial study, which demonstrates the cost of service over the next five fiscal years, to include costs of operating and maintaining the sewer service system and constructing necessary improvements to meet local, state, and federal regulatory requirements; and WHEREAS, based upon that rate study, the findings of which were presented to the District Board of Directors at a meeting on March 13, 2013, the District has determined that sewer service charges should be increased in each of the next five years to cover the costs of operating, maintaining, and improving its sewer system and constructing necessary capital improvements, as well as the District s share of operation and maintenance costs of the San Jose/Santa Clara Water Pollution Control Plant; and WHEREAS, the amount of the charges imposed do not exceed the cost of providing service, and revenues from the charges are not being used for any other purpose than that for which they are imposed; and WHEREAS, the District has notified all impacted property owners and tenants in accordance with Article XIIID of the California Constitution (also known as Proposition 218), held a public hearing on May 8, 2013, and has accepted and tallied all valid protests to the sewer service charges; and WHEREAS, the District has determined that no majority protest exists. NOW THEREFORE the Board of Directors of the West Valley Sanitation District of Santa Clara County DOES HEREBY ORDAIN as follows: 1. Amendment Section of the District s ordinance code is hereby amended to read as follows:

64 (1) Charge for single Family Residential and Residential Condominium Premises. For each single-family premise and each residential condominium premise, the sewer service and use charge shall be as follows: Monthly Charge Effective Dates $ July 1, 2013 $ July 1, 2014 $ July 1, 2015 $ July 1, 2016 $ July 1, (2) Charge for Two-Family and Multi-Family Premises. For each separate dwelling unit in two-family premises, and each separate dwelling unit in multi-family premises, the sewer service and use charge shall be as follows: Monthly Charge Effective Dates $ July 1, 2013 $ July 1, 2014 $ July 1, 2015 $ July 1, 2016 $ July 1, (3) Charge for Mobile Home Park Premises. For each separate mobile home within a mobile home park premises, the sewer service and use charge shall be as follows: Monthly Charge Effective Dates $ July 1, 2013 $ July 1, 2014 $ July 1, 2015 $ July 1, 2016 $ July 1, (4) Charge for Commercial, Industrial or Miscellaneous Premises, and Commercial, Industrial or Miscellaneous Condominium Premises. The sewer service and use charge for each commercial, industrial or miscellaneous premises shall be the following amounts as described in Schedule A described below for each 100 cubic feet (HCF) of sanitary sewage and industrial waste discharged from said premises into the District s sanitary sewer system during the twelve months of January through December immediately preceding the fiscal year for with the charge is being calculated:

65 Schedule A Commercial Classes FY2013/14 FY2014/15 FY2015/16 FY2016/17 FY2017/18 Restaurant $5.98 $6.58 $7.24 $7.93 $8.64 Hotel/Motel Gas Station Repair Domestic Laundry Retail/Office/Misc Institutional Hospitals $2.88 $3.17 $3.49 $3.82 $4.16 Schools Grouped Industries Winery $9.28 $10.21 $11.23 $12.30 $13.41 Printing Works Machinery Manufacturing Electrical Equipment Film Service Plating Works Industrial Laundry Car Wash (5) [Unchanged] (6) Alternate Charge for Commercial, Industrial or Miscellaneous Premises, and commercial, Industrial or Miscellaneous Condominium Premises. Notwithstanding the foregoing provisions of Sections (4) and (5), if more than 50,000 gallons of sanitary sewage or industrial waste per operating day are discharged into the District s sanitary sewer system from a commercial, industrial, or miscellaneous premises or a commercial, industrial or miscellaneous condominium premises during three or more calendar months, or if the strength, the amount, or nature of the sewage or waste discharged daily into the sanitary sewer system is intermittent or irregular, and if, in either of the above situations, the District Manager and Engineer deems it feasible from an economic and/or engineering standpoint, to measure the amount of biochemical oxygen demand, (BOD) suspended solids and ammonia discharged from said premises into the sanitary sewer system, an alternate monthly sewer service and use charge may be imposed in lieu of those described in Sections (4) and (5) as described in Schedule B below:

66 Schedule B Elements of Charge FY2013/14 FY2014/15 FY2015/16 FY2016/17 FY2017/18 Annual Charge Per Million Gallons/Day of Flow Capacity Required $580,043 $638,048 $701,852 $768,528 $837,696 Plus: Annual Charge per 1000 lbs. per day of BOD capacity required $99,098 $109,008 $119,908 $131,300 $143,117 Plus: Annual Charge for each 1000 lbs. per day of suspended solids capacity required $68,056 $74,861 $82,348 $90,171 $98,286 Plus: Annual Charge for each 1000 lbs. per day of Nitrogen capacity required $291,741 $320,915 $353,006 $386,542 $421,331 Plus: Annual Charge for each 1 million gallons of sewage or waste discharged $1,240 $1,364 $1,500 $1,643 $1,790 Plus: Annual Charge for each 1000 lbs. of BOD discharged $85 $93 $102 $112 $122 Plus: Annual Charge for each 1000 lbs. of suspended solids discharged $111 $122 $134 $147 $160 Plus: Annual Charge for each 1000 lbs. of Ammonia discharged $908 $998 $1,098 $1,202 $1,311 The decision by the District Manager and Engineer as to whether to impose this alternate sewer service and use change shall be made on or before July 1 of this fiscal year for which it is imposed (7) [Unchanged] (8) Repeal by Ord 144, May 8, (9) Annual Review of Sewer Service and Use Charges; Reduction or Suspension of Increase. Prior to the effective date of any automatic increase in the sewer service and use charges described in Sections (1), (2), (3), (4), (5), (6) and (8), the Board of Directors

67 shall review such increase to determine whether the resulting new charge will be reasonably necessary to cover the costs of providing sanitary sewer service to the premises to be charged. If the Board of Directors, based upon evidence presented at a public hearing, determines that the revenue derived from the increased sewer service and use charge will exceed the amount of revenue required to provide sanitary sewer service to any premises, then the Board shall by ordinance reduce or suspend the amount of any such increase imposed on any such premises to an amount equal to the reasonable cost of providing said sanitary sewer service to said premises. 2. Ordinance Effective Date This ordinance will become effective on July 1, Condition Precedent to Effectiveness of Ordinance As a condition precedent to the effectiveness of this ordinance, the Board of Directors shall adopt this ordinance only after conducting at least one public hearing wherein each parcel of land upon which the sanitary sewer and use charge is to be imposed or increased is identified, the charge calculated, and written notice by mail is given of the proposed imposition or increase to the record owner of each identified parcel which the charge is proposed for imposition in conformance with California Constitution Article XIII D Section 6 and as provided by Board resolution. 4. Publication This ordinance shall take effect and be in force thirty days after its enactment, and before expiration of fifteen days after its enactment it shall be published once with the names of the members of the Board of Directors voting for and against the same in Cambrian News/Campbell Express, a newspaper of general circulation published and circulated in the District. INTRODUCED at a regular meeting of the Board of Directors of West Valley Sanitation District on the 10 th day of April, 2013, and ENACTED at a regular meeting of the Board of Directors on 8 th day of May, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chairperson of the Board of Directors Attest: Secretary of the Board