RULES COMMITTEE: 10-17-07 ITEM: E ~ CITYOF SAN]OSE Memorandum CAPITAL OF

TO: Honorable Mayor & FROM: Lee Price, MMC City Council Members City Clerk

SUBJECT: The Public Record DATE: October 12,2007 October 4-11,2007

ITEMS TRANSMITTED TO THE ADMINISTRATION

ITEMS FILED FOR THE PUBLIC RECORD

(a) Letter from Norman Y. Mineta to Mayor Reed and City Council dated October 1,2007 regarding Lake Cunningham's 25 th Anniversary.

(b) Email from Diana Sokolove to City Clerk Lee Price received on October 5, 2007 regarding comment period extended for Draft Program Environmental Impact Report for 's Public Utilities Commission Water System Improvement Program.

(c) Email from Joanne Benjamin, Executiye Director of Santa Clara CountyCities Association to City Clerk Lee Price received October 10, 2007 regarding Public-Private Partnerships-A Strategy to Rebuild .

(d) Letter from David S. Wall to Mayor Reed and City Council ct.,.~October 11,2007 regarding South Bay Water Recycling. ~

Lee Price, MMC City Clerk

LP/np

Distribution: Mayor/Council City Manager Assistant City Manager Assistant to City Manager Council Liaison Director ofPlanning City Attorney City Auditor Director of Public Works Director of Finance Public Information Officer San Jose Mercury News Library .«

HIL~WLTON

October 1, 2007

Mayor Chuck Reed And City Council Members 200 East Santa Clara Street, T-18 San Jose, California 95113

Dear Mayor Reed and City Council Members:

It has been brought to my attention that the City of San Jose will be celebrating the 25 th Anniversary of Lake Cunningham!! It's hard to imagine that time has fleeted by so fast that it's been 25 years since Lake Cunningham has been opened to the public.

.This is an excellent example of citizen grass roots action at its finest. In the 1971 to 1974 time frame, when I had the privilege of serving our great City as its Mayor, there was a group of homeowners who conceived the idea of having a lake in that area. Strongly led by Mrs. Velma Million, she and her band of volunteers started with an idea in their heads, worked to put plans together, building more and more community-wide support, and finally coming to me for assistance and support when I referred it to our Parks and Recreation and Public Works Departments. In reflecting on those times, it took years to get the cooperative agreements among several governmental agencies, the environmental studies and putting a budget together for the construction and the operation of such a large undertaking.

I am proud ofthe fact that we had citizens who were dedicated to a cause and persevered to see it to fruition. I am proud of our City Council and City Staff who saw the potential ofthis undertaking becoming such an asset for the entire City. I think ofthese kinds of citizen-initiated efforts that become reality that differentiates the governance of the City of San Jose from other communities.

I just want to add my CONGRATULATIONS and thanks to everyone who, along the

way, helped. bring Lake Cunningham into existence,. especially Mrs. Velma Million and her visionary and dedicated activists.

~ILL & KNOWLTON. inc 507 14th Street. NV-i T +1 i2021 944 1918 Suite 300 F +1 ;202; 944 1961 vVashlngtcn DC. 20005 ::or:1~,:nineta@:'I~ll!2ndki.OvA:cr~.com lNVI\V.hlilandknowllon com Mayor Chuck Reed and City Council Members Page 2

In today's somewhat cynical and troubling political times, it's wonderful to be able to look at a project in which dedicated citizens, their policy makers and professional governmental staffjoined hands and made something happen. I am quite sure there are other ideas or projects that will receive this kind ofattention from the City of San Jose and its citizens in the future.

With best wishes and warmest regards. Sit;::,

Norman Y. Mineta Vice Chairman cc: City Clerk W-2 public record

From: Diana Sokolove [mailto:[email protected]] Sent: Friday, October 05, 2007 5:15 PM To: [email protected] Subject: Comment period extended for DRAFT PEIR for SFPUC's Water System Improvement Program

ATTENTION!

THE COMMENT PERIOD FOR THE DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT ON THE SAN FRANCISCO PUBLIC UTILITIES COMMISSION'S WATER SYSTEM IMPROVEMENT PROGRAM HAS BEEN EXTENDED.

WRITTEN COMMENTS MAYBE SUBMITTED TO THE PLANNING DEPARTMENT UNTIL:

5:00 P.M. ON OCTOBER 15, 2007.

AN INFORMATIONAL PRESENTATION AND HEARING TO RECEIVE THE PLANNING COMMISSION'S AND THE PUBLIC'S COMMENTS ON THE DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT WILL BE HELD ON

OCTOBER 11, 2007 AT 1:30 PM OR LATER.

THE HEARING WILL BE HELD AT SAN FRANCISCO CITY HALL IN ROOM 400, 1 DR. CARLTON B. GOODLETT PLACE. ADDITIONAL INFORMATION IS PROVIDED BELOW.

A Draft Program Environmental Impact Report (Draft PEIR) has been prepared by the City and County of San Francisco Planning Department in connection with this program. A summary presentation of the contents of the Draft PEIR is available online, the complete document can be viewed at the following locations:

Online at: www.sfgov.org/site/plam1ing/mea (or by linking to this site from http://PEIR.sfwater.org)

In print at: San Francisco Planning Department, 1660 Mission Street,1 st Floor, Planning Information Counter (copy of Draft PEIR only is available).

By appointment at the San Francisco Public Utilities Commission by calling 1-866-231-1337 or e-mailing [email protected] (copy of Draft PEIR and associated reference materials are available).

Any of the libraries listed at the end of this e-mail (copy of Draft PEIR and key reference materials are available).

You may submit comments to the Planning Department using any of the following means:

Provide oral or written comments at any of the five public hearings

Mail written comments to the San Francisco Planning Department, Attention: Environmental Review Officer, WSIP PEIR, 1650 Mission Street, Suite 400, San Francisco, CA 94103 E-mail [email protected].

The San Francisco Planning Department will prepare written responses to comments received during the public review period in a Comments and Responses document. If you have any questions about the environmental review of the WSIP, please leave a message for the Planning Department at:

1-866-231-1337.

LIBRARIES WHERE YOU CAN VIEW THE DRAFT PEIR:

Alameda County: Alameda County/City ofFremont Library: 2400 Stevenson Boulevard, Fremont

San Francisco County: San Francisco Main Library: 100 Larkin Street, San Francisco

San Joaquin County: Stockton - San Joaquin County Public Library: 605 North EI Dorado Street, Stockton

San Mateo County: City of San Mateo Main Library: 55 West 3rd Avenue, San Mateo

Santa Clara Couhty: San Jose - Dr. Martin Luther King, Jr. Library: ISO East San Fernando, San Jose

Stanislaus County: Modesto Library: 1500 I Street, Modesto

Tuolumne County: Tuolumne County Library: 480 Greenley Road, Sonora

If you would like to be removed from this distribution list, please respond with UNSUBSCRIBE in the subject line. for the public record

From: Joanne Benjamin [mailto:[email protected]] Sent: Wednesday, October 10, 2007 11:32 AM To: AI Pinheiro; AI Pinheiro (Pinheiro, AI); Craig Jones; Daniel Furtado (Furtado, Daniel E.); David Baxter (David Baxter); David Casas; Greg Sellers; Jennifer Sparacino; Joe Pirzynski; Joe Pirzynski; Jose Esteves; Judy Kleinberg; Kathleen King; Kris Wang; Laura Macias; Otto O. Lee; Patricia M. Mahan; Pierluigi Oliverio; Ronald Packard; ; Steve Tate; Yoriko Kishimoto Cc: 'Kirk Everett'; 'Carl Guardino'; 'ofcarchive'; [email protected]; Andrea M. Chelemengos; Angelita Salvador; Ann Sullivan; Cathleen Boyer; Donna Rogers; Gail T. Borkowski; Heidi Kirk (Heidi Kirk); Irma Torrez; Janet Tabuno; Janette Judd; Judy Smith (Smith, Judy); Karen Jost; Kim Fettahlioglu; Kimberly Smith (Kimberly Smith); 'Lee Price'; Linda Lagergren; Lisa Lewis; Lynda Seastrom; Mary Lavelle; Patsy Garcia; Phyllis Perez; Rhonda' Hadnot; Rosalinda Perez; Shawna Freels; Susan Kitchens; Tina West; 'Wanda Wong'; Yolanda Lopez; Yvette Agredano Subject: FW: Public-Private Partnerships--A strategy to Rebuild California?

Hello all,

Attached is an announcement of conference some of you and your city staff may be interested in attending: Public-Private Partnerships - A Strategy to Rebuild California - to be held next Weqnesday, October 17, 2007.

It would be appreciated if you would circulate this announcement to your colleagues and city staff,

Thanks,

Joanne

Joanne Benjamin, Executive Director Santa Clara County Cities Association 505 W, Olive Avenue Suite 749, Sunnyvale, CA 94086 Telephone (408) 730-7770 Fax (408) 736-2014

"Public-Private Partnerships-A Strategy to Rebuild California?"

What: A one-day conference examining where, when and how public agencies might use public-private partnerships to help meet critical infrastructure and development needs such as highways, transitand water infrastructure and educational, housing and civic facilities.

When: October 17, 2007

Where: AMD The Commons, 1 AMD Drive, Sunnyvale, CA 94088-3453 (six miles north of the Norman Y. Mineta San Jose International Airport)

Are you concerned about the large and growing gap between California's infrastructure needs and funding to meet them? Then save October 17,2007 on your calendar. ·The Silicon Valley Leadership Group is organizing a one-day conference at AMD in Sunnyvale on using public-private partnerships to address some of California's infrastructure challenges.

Public-Private Partnerships (P3s) are contractual, risk-sharing agreements between the public sector and the private sector for the purposes of designing, planning, financing, constructing and/or operating infrastructure or development projects that would traditionally be undertaken entirely by the public sector. P3s have been used extensively in Australia, Europe and Canada to build roads, rail lines, schools and water systems, courthouses and police stations, while reducing cost to taxpayers, speeding delivery, and adding value through design innovations.

Come hear from public and private sector experts about projects that have worked, others that haven't, and how to structure P3s to maximize their benefit to the public. Case studies will include:

• Denver Regional Transportation District's plan to utilize a public-private partnership (P3) to realize it's 12-year plan to build and operate high-speed rail lines and expand and improve bus service and Park-n-Rides throughout the eight-county region-the largest transit expansion project in the US

• The City of the Carlsbad's agreement to purchase desalinated water from Poseidon Resources in a deal that protects the interests ofthe community, while giving the private sector partner a guaranteed buyer for a large portion of the output of the proposed desalination plant.

• A San Jose school district's partnership with Chevron Energy Solutions and Bank of America to establish what is believed to be the largest solar power and energy­ efficient facilities program in K-12 education in the .

• Arizona State University's pioneering transaction with American Campus Communities on a $360 million, 5,100-bed student housing development. American Campus will fund 100 percent of the total development costs of the project and will own a leasehold interest in the on-campus land and improvements through an 85­ year ground lease that includes two 10-year extensions.

Speakers include Tyler Duvall, Assistant Secretary for Transportation Policy, U.S. Department of Transportation; John Flaherty, Principal at The Carlyle Group and former Chief of Staff, US DOT; and Larry Blain, CEO of Partnerships British Columbia. Partnerships BC is a company owned by the Canadian Province of British Columbia that is responsible for bringing together ministries, agencies and the private sector to facilitate development and infrastructure projects through public-private partnerships. The award-winning company has become a locus for P3 expertise in Canada.

For more information or to register, visit the Silicon Valley Leadership Group's website at www.svlg.net. DRAFT

Public Private Partnerships-A Strategy to Rebuild California? Preliminary Conference Agenda October 17,2007 AMD The Commons 1 AMD Drive, Sunnyvale, CA 94088-3453

7:30 am Registration 8:00 am Opening remarks: Carl Guardino, CEO, Silicon Valley Leadership Group Keynote introduction: Raquel Gonzalez Bank ofAmerica's Silicon Valley Market President Bank of America 8:10 am Keynote: Tyler Duvall, Assistant Secretary for Transportation Policy, US DOT 8:45 am Looking Homeward: John Flaherty, Carlyle Group

9-9:45 am California & Public-Private Partnerships (P3s): Moderated discussion about California's experience with P3s, their potential and pitfalls. Moderator: Carl Guardino, Silicon Valley Leadership Group Panelists: 1. David Crane, Governor SChwarzenegger's advisor for jobs and economic growth 2. Cindy McKim, Caltrans CFO 3. Professor David Dowall, Director, Institute of Urban & Regional Development, at the University of California, Berkeley

10-11:15 Workshop Session I: Case studies 1. Transit Moderator: Art Bauer, StaffDirector, Senate Transportation & Housing Committee Panelists: o Canada Line, Jane Bird, President and CEO, Vancouver, BC o Barcelona Trambaix system, Philippe Payen, Director, Strategy, Veolia Transportation o Denver FasTrack, Tom Rousakis, Goldman Sacks. o Oakland Airport Connector, Kathy Mayo, BART

2. Highways Moderator: John F. Barna Jr., Executive Director, California Transportation Commission

10/2/2007 DRAFT

Panelists: o South Bay Expressway (SR 125), Greg Hulsizer, CEO, California Transportation Ventures o Route 28, Virginia, Thomas (Tom) W. Pelnik, III,.Director, Innovative Project Delivery Division, VDOT. o Golden Ears Bridge-Fred Cummings, VP Major Construction, The Greater Vancouver Transportation Authority (TransLink)

3. Water Moderator: Gary Wolff, Vice Chair, California State Water Resources Control Board Panelists: o Tampa Bay Water Water treatment and desalination plants, Jonathan M. Kennedy, Senior Manager, Engineering and Projects, Tampa Bay Water o Santa Paula, Ventura County. New wastewater treatment plant. Chris Alario, Business Development, American Water o Carlsbad Desalination Project, Jim Elliott, Deputy City Manager, City of Carlsbad o Water Capital, Mexico. Gustavo Tellez-Giron Peon, CEO, Water Capital

4. Educational & Civic Facilities and Downtown Redevelopment Moderator: Larry Carr, Morgan Hill Mayor Pro Tem & Associate Vice President Government & Community Relations, San Jose State University Panelists: o Arizona State University: research, housing, mixed use, energy, Scott Cole o European public school P3 initiatives (UK and Denmark), Joseph Aiello, Meridiam Infrastructure Fund o Mixed-use transit-oriented developments & civic facilities, John Stainback, Stainback Public-Private Real Estate (SPPRE) o San Jose Unified School District-- Solar Initiative, Ty Williams, School Construction Manager.

11:15am-11:30am transition 11:30 am- 12:45 pm Workshop Session II

1. Transit Lab: Dialogue between transit P3 experts and transit agencies about how a P3 could be structured to help realize several California transit projects.

101212007 DRAFT

Moderator: Ian McAvoy, SamTrans, ChiefDevelopment Officer Experts: • Kimberley Paparello, Principal, Bank of America • Charlie Shorter, Ernst & Young, Director • Jeffrey A. Parker, President, Parker & Associates • Alistair Sawers, Head of US Infrastructure and Project Finance, Royal Bank of Canada (RBC) . Projects: • BART extension to Silicon Valley-a 16.3-mile extension from Fremont to Santa Clara County, Valley Transportation Authority • California High Speed Rail-a 700+ mile system connecting northern and southern California to the Central Valley, California High Speed Rail Authority • Downtown to Natoma Airport (DNA)- a 10 mile LR extension from downtown Sacramento to the Natoma Airport, Sacramento Regional Transit • Subway to the Sea, -a $5 billion subway extension of Los Angeles' Red Line to Santa Monica, MTA

2. Structuring the Deal Moderator: Nancy Smith, Nossaman, Guthner Knox & Elliott LLP Panelists: • Steve Surprenant, HDR • Frank Russo, Frank Russo Consulting • Zane Gresham, Partner, Morrison Foerster

3. P3 Financing Fundamentals & Innovations Moderator: Jerry Mikolajczyk, VTA, Chief Financial Officer Panelists: • Kerri Fox, Fortis Bank, Managing Director and Head Global Export and Project Finance, New York, [email protected] • John Ma, Goldman Sachs, Managing Director Public sector and Infrastructure Finance Group • Jessica Soltz-Rudd, Fitch Rating Service • Sasha Page, IMG Group

4. When to P3 and When Not? Moderator: Tom Margro, CEO, Transportation Corridor Agencies Panelists:

10/2/2007 DRAFT

• Tim Martin, CTE, former Transportation Secretary Illinois DOT • Steve Beatty, I<:PMG, managing director & chair of global infrastructure and projects group for the Americas • Dan Dornan, AECOM Consult, author of User Guidebook on Implementing PPPsfor transportation itifrastructure projects in the US. • Gary Miller, CH2MHill, Senior Vice President, Business Development & Planning

12:45-1:45 pm Networking and Lunch

*** PLENARY SESSION***

1:45pm Introduction, Consul General of Canada Mark LePage· 1:50 pm Lessons from Across the Border: Partnerships British Columbia, Larry Blain, CEO, Partnerships British Columbia. The Canadian Province of British Columbia is considered the vanguard of public-private partnerships. Partnerships British Columbia, a company owned by the Province whose mission is to facilitate public-private partnerships, has received international accolades for the pace and range of its accomplishments in a relatively short period of time. Larry Blain will talk about why Partnerships BC was created, what it has accomplished and what challenges they have encountered.

2:25 pm Moderated discussion with speaker Moderator: Lee Gomes, Wall Street Journal Discussants: o Senator Alan Lowenthal, Chair, Transportation & Housing Committee o Winston Hickox, former Cal-EPA Secretary, Portfolio Manager CalPERS o Bob Brownstein, Policy Director, Working Partnerships USA, former Budget Director, San Jose Mayor

3:20 pm .Financing our Future: Other Strategies to Fund Infrastructure in California James Whitty, Manager, Oregon's Innovative Partnerships & Alternative Funding Program, will talk about Oregon's Vehicle Mileage Fee program, an alternative funding mechanism the state is considering to fund transportation improvements in that state.

4pm Moderated discussion with speaker

10/2/2007 DRAFT

Moderator: Mark Simon, special assistant to SamTrans CEO and former SF Chronicle political reporter and columnist

Discussants: o Barry Nelson, NRDC Senior Policy Analyst o Ted Lempert, President, Children Now. Former California State Assemblymember o Steve Heminger, Executive Director, Metropolitan Transportation Commission and member of the national Surface Transportation Policy and Revenue Study Commission

4:55pm Conclusion

10/2/2007 David S. Wall 455 North San Pedro Street San Jose, California 95110 Phone (408) - 287 - 6838 Facsimile (408) - 295 - 5999

11f!'1 ! 0 I.} October 11, 2007 2uU nr-\'t,..,v 0­ I ( 3: 2

Mayor Reed and Members 200 East Santa Clara Street San Jose, California 95113-1905

Re: SOUTH BAY WATER RECYCLING: A SCAM ON THE TAX-PAYERS

The SOUTH BAY WATER RECYCLING PROJECT continues to exist as the greatest "scam" on the tax-payers, ever. At no time in recorded history, has a tax-payer funded project continued to lose money, has no future to recoup its losses and has no future to repay its debt in my foreseeable life-time, been not only allowed to continue, but more "good money" is being thrown at it under the guise of "recouping an investment".

Another phenomenon is occurring with SOUTH BAY WATER RECYCLING (SBWR). The current and future failures ofthis program will undoubtedly eclipse its' past failures, unabated and encouraged. I guess YOU do not acknowledge this because it is simply too grim an issue to discuss, publicly or otherwise.

For those who manage this farce, being on the payroll of SOUTH BAY WATER RECYCLING must be the sweetest gig in the known western world. A perfect situation exists on the Treatment Plant Advisory Committee (TPAC). A group that is supposed to oversee SBWR. Regional politicians, responsible to the taxpayers such as: the Mayors of Santa Clara and San Jose, sit idly by, with dumb looks on their faces, as ifthey are a couple ofworn out "sock-puppets", as the managers ofthis bogus project come up with slogans like, "let's spend more money to recoup our investment-hardy-har-har!" And those Mayors agree to it.

A few questions for the record:

When will all debt associated with SOUTH BAY WATER RECYCLING be, extinguished? By 2020? How about by the end ofthe current century? Is there any plan to pay down the principal?

What, ifany, are the stated plans to deal with brine removal?

Why don't you publicly acknowledge the failure ofthis program and scrap it?

Why haven't YOU initiated an audit (in real time accounting) of SBWR?

Why is SBWR nested under the City of San Jose's Municipal Water Utility when it clearly is a Water Pollution Control Plant function?

Respectfully submitted, Cc: Santa Clara County Grand Jury Members Treatment Plant Advisory Committee (PM1d~, City Attorney I Interim Auditor I City Manager lit/ail \O,iI'lo0=t