NeWS
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(Compiled from "Internal Affairs",SJMN, Sunday, Oct 22)
An interesting development is that David Ginsborg, currently the top assistant to Assessor Larry Stone, and current head of the District's Clean and Safe Creeks Program, says he intends to challenge Joe Judge for the Central San Jose seat on the Santa Clara Valley Water District board in the November 2012 election.
Ginsborg, a knowledgeable environmentalist, stated, "The district deals with really important issues, this is about getting the District focused on its core mission.''
Judge, who has been on the board for 25 years, was recently the target of a racial harassment complaint from the head of the District's Head of Governmental Affairs, Rick Callender.
A report from the Wilson - Sonsini law firm (any connection to ex- Director, Larry Wilson?) , found there was no evidence Judge engaged in a pattern of racial harassment.
Judge has a powerful friend in Rep. Zoe Lofgren, D-San Jose. The election results and hopeful ousting of Judge, may well depend on how much coverage the contest gets.
Incidentally, Director Santos of the infamous $2.6 MILLION Dollar Alviso"Golden Gazebo" (located in his District) Will also have to fight for his Board seat on the November 2012 ballot.
Hopefully, Director Estremera (17 years at the end of his 2014), - the last of the "Old Guard" Directors, will be ejected from his "Gravy Train" ride...
Through this pilot project approved for Fiscal Year 2012, the District will collect up to 1,000 water quality samples from South County residences served by private domestic wells. This testing will provide information on nitrate and other contaminants, will help the District better protect groundwater resources in accordance with Board policy. This information will also provide basic water quality information to domestic well owners in order to help them protect their health.
Mailers announcing the availability of the program were sent out the week of September 26th, 2010. Testing will be available on a first-come, first serve basis and will be be available until April 2012 or when funding is completed, whichever comes first. Interested residents can contact the District using the Access Valley Water link located at: www.valleywater.org or by calling the Groundwater Hotline at (408) 265-2607, extension 2300
The District received a claim from former Director Sahib “Cy” Mann on February 11, 2011. The claim alleges:
(1) Damages for Public Disclosure of Private Fact-- regarding disclosure of certain information related to Mr. Mann’s water bill payment;
(2) Libel—related to the same disclosure;
(3) False Light Privacy—related to the same disclosure;
(4) Intentional Infliction of Emotional Distress—related to alleged attempted intimidation and theft; and
(5) Negligent Infliction of Emotional Distress—related to the same attempted intimidation and theft.
The District conducted an internal review, found no cause of action and recommends that the claim be denied.
PROPOSED ORDINANCE PROVIDING FOR INCREASE IN COMPENSATION OF DIRECTORS
OF SANTA CLARA VALLEY WATER DISTRICT
The proposed
ordinance language contained within the Notice of Public Hearing reflects the five (5) percent increase per calendar year allowed by statue,
which would authorize the per-meeting and day’s service compensation for the
Board to be increased up to $286.03.
If the Board
approves the maximum allowable increase for each day’s service and each
Director attends the maximum ten (10) authorized meetings per month, the
financial impact will be an increase of $10,920 for Fiscal Year 2010-2011 to
fund the increased rates for the period
Last year, the decision of the BOD was based on the then-current status of the economy - which to date has not significantly changed. Perhaps they should consider this point on October 12...
AUG 5, 2011
A Rush of District Candidates
AUG 4
Director Mann has History of not Paying Water Bill on Time
Presented with evidence, Mann states he is now undecided about running against Don Gage in the November race.
Mann flirts with playing the "race" card
Same rules apply to everyone.
Now get over it.
District Approves Permanente Creek Plans
"He
hasn't run a a race in 16 years, and now he wants to unseat one of the
directors who has done more than anyone else. Good luck."
on County Supervisor Don Gage,
seeking Mann's seat in November
Don Gage has many accomplishments in his years as County Supervisor
JULY 28
District BOD votes to add Term Limits on November Ballot
District to Discuss Term Limits Today
Water District Needs Ethical and Responsible Candidates
- San Jose Mercury News Editorial -
Four BOD seats open for election:
07/27/2010 BOD Meeting Agenda
Agenda Item #14, CEO Bulletin (07/09-15)
Kamei
Collection of perchlorate fees from District reserves
Staff is to investigate Director Kamei’s request to collect perchlorate fees included in the South County groundwater charges from District reserves or ad valorem property tax funds.
Beginning in 2003, perchlorate response costs were financed by a loan from Water Utility fund reserves. Under the adopted groundwater production charges for FY 2010-11, roughly 45% of the perchlorate response cost reimbursement will be paid for by 1% ad valorem property taxes via the open space credit for South County Agricultural groundwater. Alternatively, the District could pay for the entire perchlorate response cost reimbursement with 1% ad valorem property taxes over a 6 year period. This alternative would require transferring $1.2M of 1% ad valorem property taxes from the Watershed Stream Stewardship fund in FY 2010-11, instead of $348K as budgeted. Roughly $830K would need to be transferred from the Watershed and Stream Stewardship fund each year thereafter to pay down the perchlorate response loan balance (including future interest expense) over a 6 year time period. The Watershed Stream Stewardship Fund operating and capital reserves would be reduced by roughly $5.3M over the next 6 years, which may be a significant impact depending on the ability to secure a new revenue source after the sunset of the Clean Safe Creeks special tax in FY 2015-16.
For further information, please contact Najon Chu at (408) 265-2600, extension 2225.
JULY 20
The Port of Alviso?
Apparently, the District has nothing better to do these days..Another "Gold Street Boondoggle" in the works.
District contributes $60,000.00 of $360,000 for study by consultant.
"There is zero chance, it is too impractical, it is too expensive, it will become a regulatory nightmare."
-Citizens Committee to Complete the Refuge
"Pure Folly, and a total waste of resources"
Fair Political Practices Commission v. Committee for Clean Safe Creeks, Susan A. Pino, and Rick L. Callender; FPPC No. 2000/793. Staff: Senior Commission Counsel Deanne Canar and Investigator III Dan Schek.
Defendant Committee for Clean Safe Creeks was a primarily formed committee supporting Measure B on the Santa Clara County ballot in the November 7, 2000 general election.
Defendants Susan A. Pino and Rick L. Callender were co-treasurers of Defendant Committee.
The defendants failed to:
1. Timely file a pre-election campaign statement, disclosing $170,995 in contributions and $65,668 in expenditures, in violation of Government Code section 84200.5, subdivision (b)
2. Timely disclose $20,000 in late contributions in properly filed late contribution reports, in violation of Government Code section 84203(a)
3. Report sub-vendor information for a payment of $49,795 on a pre-election campaign statement filed after the election, in violation of Government Code sections 84211(j)(6) and 84303
4. File an amended statement or organization within ten days of a change in the primary activity of Defendant Committee, in violation of Government Code section 84103(a).
The parties stipulated to a final judgment in the case by the Santa Clara County Superior Court.
As provided in the stipulated judgment, the defendants are going to pay a civil penalty of $24,000.
Final Judgment Pursuant to Stipulation
Stipulation for Entry of Judgment (In Favor of Plaintiff Against Defendants)
JULY 09
Term Limits for District BOD?
. As the report directly names me, I have an interest in a quick and expedient response for both the District and myself. A Special Meeting should move this matter along in a more expedient manner.
District to proceed with wasteful $1.4M Gold Street Gazebo Project
Recommendation:
A. Adopt the plans and specifications and authorize advertisement for bids for the construction of the Guadalupe River Outdoor Classroom (Gold Street Educational Center) Project per the Notice to Bidders; and
B. Authorize the Designated Engineer to issue addenda, as necessary, during bidding.MAY 7
District's Gerrymandered map must go
Newest Director Mann has "soiled" himself
MAY 6
District faces legal trouble due to redistricting map debacle
Did they really think they could just
"make up their own"?
MAY 5
Protest Vote Fails
APRIL 30
Successful Protest Vote Doubtful
Transparency Disappears
April 29
Redistricting Splits South County
APRIL 26
Protest Count may take Days
APRIL 20
Redistricting maps Submitted
APRIL 9
City of Morgan Hill should Protest
-Not ask for fee reduction
APRIL 2
Time to Unite in Protest
MARCH 30
Well Tax Protest Goes "Grass Roots"
MARCH 25
District's Letter Confounds Recipients
MAR 18
Each Well Owner Gets One Vote
Have YOU Received Your Protest Letter From the District?
MAR 10
Opportunity to reject Water Rate Increase Approaches
Water District makes presentations in Morgan Hill on Thursday, March 11
FEB 19
Water District Leaves 2010-11
Rates Unchanged
FEB 15
Water District Must cut Fat, Not Services
FEB 14
South County Requires Fair Representation in Redistricting
FEB 12
Kamei Quits Board of Supervisor Race
Water District Sues San Martin Well Owner
FEB 10
"Cy" Mann voted into vacant water Board seat
FEB 5
Water District fires Zlotnick
FEB 3
Protest Forms to be mailed February 26
'scare tactics' included
JAN 22
JAN 13
District Dips into Reserves to Fund Flood Project
JAN 12
District seeks to Fill Position
JAN 08,2010
Well Owners Can Protest Well Tax
JAN 07,2010
The Golden Spigot is at it again
Water District makes Power Grab
DEC 16,2009
At 89, Sig Sanchez retires from 55 years of public service
DEC 15
Despite Ruling, District expects Payments
DEC 8
Yet Another Ratepayer is "Mad as Hell" at the Water District.
Read Lisa Pampuch's
Open Letter to the Water District
NOV 30
WATER DISTRICT OWES $4.6M REFUNDNOV 30
It appears that the Water District has squandered yet another opportunity to spend taxpayer's dollars wisely. Cannot imagine why they decided to go with the costly Gold Street "Educational Center" when this perfect synergistic opportunity is available...
NOV 20
Water Rebate in LimboNOV 18
Parties Await RulingNOV 17
Water District Disputes Charges
District Lead Counsel to "retire"
Lead Santa Clara water District Lead Counsel Debra L. Cauble plans to retire from her position at the SCVWD. Ms. Cauble leads a group of (5) attorneys plus support staff for the District. She began working for the District in May, 2004, after departing her 6 years as Assistant County Counsel for the County of Santa Clara. She studied for her J.D. degree at Stanford University of Law (1975-1978), and a B.A in Sociology at the University of the Pacific (1971-1975)
(Perhaps they could use fewer attorneys if the District could stay out of trouble...)
NOV 14Water District Denies Double Dipping Charge
NOV 10
Double
Dipping by the Water District
The Court Case: Part II
NOV 01
Hot-button gazebo project gets water district's approval
OCT 29
Great
Oaks Water Company Seeks $5M from SCV Water District
Private well owners likely due funds too.
OCT 27
BOD Meeting Notes
After lengthy (and mostly speculative) discussion, and disagreement on numerous related issues, a motion was made and carried (4-2, Santos recused himself) approving the Gold Street Education Center at the Gold Street, Alviso location.
Commendably opposed to this
motion were Chair Sanchez, and Director Wilson voicing their strong
opposition to the excessive and inflated associated expenses for no
measurable incremental benefit. In
addition, Director Wilson commented that "perhaps this project should
never have been started in the first place"...
Directors Estremera, Judge, Kwok and Kamei, voted in favor of the motion based primarily on the funds, time, and studies already expended. Their intransigence and insistence on "moving forward with this project" - a 'damn the torpedoes attitude' is very disturbing.
While viewing this 'hearing' this writer's opinion rests firmly upon
the posit that this project was a 'done deal' among these four prior
to this date. Kamei made her usual "I wonder what" comments
while not actually stating anything, Kwok made numerous nebulous
statements further clouded by an obvious language barrier, Judge had
nothing to add, and Estremera's consistent long-winded "off-the-cuff
blustering" spoke of "commitment to the community" which in this case can only be interpreted as
'committed to wasting taxpayer dollars'...
New law reins in "wild" District
The passage and signing into law of AB466 - (Coto, D-San Jose) imposes numerous long overdue reforms on the Santa Clara Water District in an effort to prevent repeats of its indiscretions described in various Grand Jury Reports.
Read the details HERE.
OCT 12
The District's "Comparison of Cost Estimates for Educational Center Options in Alviso"
is available on the Districts website under "Supporting Documentation"
for the October 13, 2009 BOD meeting, Subject: Gold Street Educational
Center - Report of Project Options. Take a close look at page 2 (of
4), and Table 1. Click HERE for more information.
Board to consider raise for Water Directors
by Michael Moore
Morgan Hill Times
SEPT 19
SEPT 22 Meeting Agenda Item 5.
Gold Street Educational Center Options
Recommendation:
1. Receive
information from staff regarding recent Board direction to explore
opportunities for installing educational elements at the Alviso Marina County
Park (County Marina); and
2. Take one of the following actions:
a. Direct staff to pursue County Marina option, or
b. Formally approve the Gold Street Education
Center Project as proposed on
or
c. Direct staff to take other action.
Just In
According to reliable sources, the next portion of the District vs. Great Oaks has been delayed from September to November or December of this year.
Originally planned for this September with the statement,"That there is not much new evidence to present", the brief delay will enable preparation for the presentation of "Significant additional evidence which has come to light."(Refer to this page, JUNE 22)
AUG 7
AUG 2
Golden Spigot
(A fig leaf for Rosemary Kamei?)
JULY 30
JULY 28
SCVWD BOD MEETING
Agenda Item # 6
SUBJECT: Resolution to Adopt Final Initial
Study and Mitigated Negative Declaration and
Approve Project - Gold Street
Educational Center, Project No. 30154028 (San Jose)
RECOMMENDATION:
1. Consider the potential environmental effects of the project as discussed in the Gold Street
Educational Center Final Initial Study and Mitigated Negative Declaration (MND) (Attachment 2).
2. Adopt the Resolution adopting the
final Initial Study / Mitigated Negative Declaration and
Findings of Fact; and Adopting the
Mitigation and Monitoring Program (Attachment 1).
3. Approve
the Project.
Read the project details:
Click here, then:
- select the
- scroll down to Agenda item #6, and
click on it
- click on the “Supporting Documents”
list
- click on the “all pages” .PDF file to download
Read SJMN Columnist Scott Herhold’s "pre-meeting" comments from his column this morning:
Read Morgan Hill Times columnist, Michael Moore's "post-meeting" Tuesday article:
Water district to consider controversial project
July 28 BOD Meeting Notes:
If you were (un)fortunate enough to see,
hear or attend the District BOD meeting this morning, you would have been
astounded once again.
Discussion on Agenda Item #6 (Gold Street Educational Center) wandered aimlessly for over an hour and a half on various unresolved issues which should have been discussed long before today’s vote.
The kicker during this tedious ordeal is
simply that in addition to an estimated (by district staff) $700,000.00 spent on consulting,
research, studies, ad nauseum, the Water District never once previously considered the Alviso Marina County Park as
a viable alternative site until this morning! Why was it ignored? It is less than 1 mile distant from the proposed site!
Director Wilson initiated the conversation steering the discussion towards Alviso Marina County Park, suggesting it as a more practical and cost effective alternative.
Director
Kwok pointed out that perhaps This county
park information should have been researched at the outset several years ago, before expending the $700,000.00 taxpayer dollars (so far), and asked staff many probing
questions, most of which they were obviously ill-prepared to answer.
Director Sanchez remarked several times that the proposed project appeared very costly, and indicated that staff return with more information concerning alternatives available in conjunction with County Parks and Recreation for the Alviso Marina site, and explore the chances of obtaining grant money for the Gold Street site.
The Board voted
in favor of accepting the related Gold Street site Environmental
Report, but decided not to vote in favor of the Gold Street project
itself until the requested additional information is made available.
Staff and the other members
of the Board appeared “stuck” on the Gold Street location most likely due to
the time and money already invested in the project.
- District Response to the June 16, 2009 Grand Jury Report.
- Resolution nominating director Wilson to the Region 5 Board of the Association of California Water Agencies (ACWA).
- Discussion of nominating a District Board member to the position of ACWA President or Vice-President.
- Consider CEO request to fill the unclassified position of Deputy Administrative Officer for the Office of Human Resources.
12:22pm: Several calls placed to the District today with regard to 2009 Water Production Statements resulted in the following statement from the "Water Revenue" office: "The case is in the courts, and the District has no intentions of making any changes at this time."
Can you say,
"Open Space District Class Action Lawsuit?"
(The Class prevailed, incidentally)
JUNE17,2009
2009 CIVIL GRAND JURY REPORT
A scathing report just out
* Read the entire online article:
Take a few minutes
to read these revealing reports. You
will be unpleasantly surprised.
http://www.sccsuperiorcourt.org/jury/GJ/html
Great Oaks Water Co. vs. Santa Clara Valley Water District Superior Court of the State of California Statement of Decision- Great Oaks Water Co. v. Santa Clara Valley Water District.
APRIL 24
Judge rules against Santa Clara Valley water fee
SAN JOSE, Calif.—Water customers in Santa Clara County could be in for a refund after a judge ruled against Silicon Valley's biggest water provider.
Judge rules Silicon Valley water fee illegal; customers could get refunds
Water charges illegal, judge rules
SCVWD arrogance uncovered in Court Loss
Excerpts from
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
GREAT OAKS WATER CO.,
Plaintiff, v. SANTA CLARA VALLEY WATER DISTRICT, Defendant
Case No. 1-05-CV053142
Filed
STATEMENT OF DECISION
1. The District violated Proposition 218 by not securing
proper voter approval.
2. …the Court was convinced by the declaration and live
testimony…that the District abused its discretion, and
violated Section 26.3 of the District Act, when fixing
the Plaintiff’s groundwater
charges.
3. The evidence also demonstrated that the Plaintiff was
overcharged because of subsidies made for treated
water and discounts given to agricultural water users.
4. In support of the conclusion that the District incorrectly
calculated Great Oaks groundwater charges was the
independent audit (Plaintiff’s 128) of April 2000 which
indicated that the “District’s cost of service calculations
may no longer be valid especially with respect to
servicing North vs. South County…the revenues
recovered from one or more of the District’s customer
classes may be subsidizing
those from other
classes…the District should review its agricultural
water pricing practice for adequacy and
fairness.”
5. The District did not change its policy in spite of the
audit.
6. The declaration and testimony also supports the
determination that the Defendant abused its discretion
with regards to spending.
7. The District improperly used groundwater revenue for
activities not within the scope of Section 26.3 of the
Act.
8. The District unwisely commingled groundwater
revenue with other monies.
9. The Defendant over-budgeted for employees, cost of
equipment, and water contract purchases to the
detriment of Great Oaks by placing the excess money
in its reserve fund, thus the Plaintiff was overcharged
for groundwater fees and not credited back when
appropriate.
10. The District violated the District Act by improperly
calculating the Plaintiff’s groundwater charges and
inappropriate spending activities.
The entire District Act is available at:
ValleyWaterWatchdog.org
Morgan Hill, CA
95037