Tuesday, February 28, 2006

9:30 AM

I. CALL TO ORDER:

II. TIME CERTAIN:

9:35 a.m.

3. Time Open for Public Comment on Any Subject Not on the Agenda.

NOTE: The law does not permit Board action on, or extended discussion of, any item not on the agenda except under special circumstances. Comments should be limited to three minutes. If Board action is requested, the matter can be placed on the next agenda.

9:45 a.m.

4. Status Update on Joint Efforts Between South County Regional Wastewater Authority and Santa Clara Valley Water District. (Melanie Richardson) (EL-9)

5. Producer-Wholesaler Agreement for Supply of Recycled Water Between South County Regional Wastewater Authority and Santa Clara Valley Water District. (Melanie Richardson) (EL-9)

6. South County Recycled Water Rates for Fiscal Year 2007. (Melanie Richardson) (EL-4.7)

7. Adjourn Joint Meeting.

III. CONSENT CALENDAR:

NOTICE TO THE PUBLIC

Items listed in this section of the agenda are considered to be routine by the Board and typically will be adopted by one motion without discussion. The consent calendar includes action items which the Board has delegated to the CEO, but which law or contract requires to be decided by the Board (EL-9.9), and CEO monitoring reports that do not reflect policy violations or call for debate of policy criteria (GP 4.4). Any item may be severed for separate consideration at the request of the Board. Whenever a resolution is on the consent calendar, a roll call vote will be taken on the entire calendar.

None.

IV. GOVERNANCE PROCESS:

Items listed in this section are considered by the Board to be a part of the Board’s process of governing and the manner in which it operates.

8. Update on County Special Study. (Olga Martin Steele) (GP-2.3)

9. Approval of Minutes: January 10 and 17, 2006, Regular Meetings; and January 24 and 31, 2006, Special Meetings. (GP-2.4)

10. Resolution Expressing Congratulations to Mike Flaugher "2005 Berryessa Community Advisory Council's Citizen of the Year." (Richard Santos) (GP-3.1)

11. District Act Revisions and Potential Legislative Language Regarding At-Large Board Members. (Rick Callender) (GP-3.1)

12. Proposed Letter to Governor Schwarzenegger Relative to Global Warming, Responding to Board Member Request No. R-06-0009 and Correspondence No. C-06-0451. (Rick Callender) (EL-9)

13. 2006 Board Planning Calendar. (GP-4)

14. Environmental Advisory Committee - Draft Minutes of January 9, 2006, and Draft Agenda for March 13, 2006, Meeting. (Chris Elias) (GP-8)

15. Reappointments to Agricultural Water Advisory Committee for 2006. (Lauren Keller) (GP-9)

V. BOARD - CEO LINKAGE:

Items listed in this section are considered by the Board to be related to delegation of authority to the CEO and the way in which proper use of delegated authority is ascertained.

16. Board Review of Fiscal Year 2006 Quarter 2 - Executive Limitation Monitoring Report. (Peter Sakai)

17. Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2005. (Olga Martin Steele)

VI. ENDS:

Items listed in this section are considered by the Board to be direction to the CEO and are results to be achieved by the organization.

None.

VII. EXECUTIVE LIMITATIONS:

Items listed in this section are considered by the Board to not be delegated to the CEO and require Board consideration and/or action.

18. Central Valley Project Draft Long-Term Renewal Contract 60-day Public Review. (Keith Whitman) (EL-9.2)

19. Chief Executive Officer's Report and Bulletins for the Weeks of February 3 - 9, February 10 - 16 and February 17 - 23, 2006. (EL-9.12)

a. Response to BMR No. R-06-0005, Staff to Include in Proposed Trend Analysis of Promotional Activities Section of EL-10 Monitoring Reports a Unit-by-Unit Analysis of Promotional and Outside Hiring Trends. (Jose Peralez) (Responded to in CEO Bulletin Week of February 3 - 9, 2006, and Distributed With February 14, 2006, Nonagenda).

b. Response to BMR No. R-06-0002, Staff to Bring Back Detailed Information on On-going ERAF Property Tax Shift. (Peter Ng) (Responded to in CEO Bulletin Week of February 3 - 9, 2006, and Distributed With February 14, 2006, Nonagenda).

c. Response to BMR No. R-05-0179, Staff to Provide Status Report on District Employee Lee Petersen Who Volunteered With Red Cross. (Jim Fiedler) (Responded to in CEO Bulletin Week of February 3 - 9, 2006, and Distributed With February 14, 2006, Nonagenda).

d. Response to BMR No. R-06-0008, Staff to Notify Board Advisory Committees of Grant or Expenditure Opportunities Prior to Formal Action Being Taken. (Chris Elias) (Responded to in CEO Bulletin Week of February 3 - 9, 2006, and Distributed With February 14, 2006, Nonagenda).

e. Response to BMR No. R-06-0004, Staff to Bring Back Proposed Board Policy or CEO Interpretation Addressing What Would Happen if During a Drought or Other Condition, Agencies Approached District Relative to Using District's Semitropic Take Potential. (Keith Whitman) (Responded to in CEO Bulletin Week of February 3 - 9, 2006, and Distributed With February 14, 2006, Nonagenda).

f. Response to BMR No. R-06-0011, Staff to Review Recommendation in AB2717 Landscape Task Force Report to Governor and Legislature and Identify District Priorities, Including Current District-related Programs, and How They can be Integrated into Landscape Advisory Committee's 2006 Work Plan. (Keith Whitman) (Responded to in CEO Bulletin Week of February 10-16, 2006, and Distributed With February 21, 2006, Nonagenda).

g. Response to BMR No. R-06-0009, Staff to Prepare Letter for Chair Signature to Governor Schwarzenegger Relative to Global Warming. (Rick Callender) (Responded to in CEO Bulletin Week of February 10-16, 2006, and Distributed With February 21, 2006, Nonagenda).

h. Response to BMR No. R-05-0184, Relative to 3-2 Retaliation - Executive Limitations Monitoring Report - Fiscal Year 2005 4th Quarter - Add Column to Table Relative to the Consultant. (Peter Sakai) (Responded to in CEO Bulletin Week of February 10-16, 2006, and Distributed With February 21, 2006, Nonagenda).

i. Response to BMR R-06-0013, Staff to arrange a tour in the Spring with Assemblymember Joe Coto. (Rick Callender) (Responded to in CEO Bulletin of February 17-23, 2006).

j. Response to BMR R-05-0222, Staff to create a process whereby anything (including letters) sent out to the community by staff is copied to the Board. As a courtesy, the Directors would like to be informed that something was sent out. (Chris Elias) (Responded to in CEO Bulletin for Week of February 17-23, 2006).

k. Response to IBMR I-06-0008, Staff to compile an informational packet, including letters from Kay Moss and photos of the latest material gathered by staff, showing pattern of alleged water quality/clean water act violations by Mr. John Asuncion of Blue Whale Sailing School. (Jim Fiedler) (Responded to in CEO Bulletin for Week of February 17-23, 2006).

l. Response to IBMR-06-0010, Why hasn't the District implemented Service Level Models like the City of San Jose is currently discussing? (Peter Sakai) (Responded to in the CEO Bulletin for Week of February 17-23, 2006)

m. Response to BMR R-06-0017, Staff to keep Board informed of the results of the meeting being held the week of February 20th with Paul Amato and the MidPeninsula Open Space District. (Dave Chesterman) (Responded to in CEO Bulletin for Week of February 17-23, 2006).

n. Response to IBMR I-05-0179, Staff to determine if interoperable communications is online in the county and Bay Area. If not, is there a timeline for implementation? (Seth Johnson) (Responded to in CEO Bulletin for Week of February 17-23, 2006).

o. Response to BMR-R-06-0007, Staff to contact EBMUD relative to information/cost of putting out an Annual Report. (Peter Ng) (Responded to in CEO Bulletin for Week of February 17-23, 2006).

VIII. CLOSED SESSIONS:

20. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Government Code Section 54956.9(a): Great Oaks Water Co. v. SCVWD (Case No. 1-05-CV053142)

21. CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE TO LITIGATION: Government Code Section 54956.9(b) 1 matter.

22. CONFERENCE WITH LABOR NEGOTIATORS: Agency Designated Representatives: Olga Martin Steele, Rudy Medina; Employee Organizations: Employees Association, Engineers Society, Mid-Management Association.

IX. BOARD MEMBER REPORTS:

23. Board Member Reports.

24. Board Member Requests.

X. ADJOURN:

25. Adjourn to Regular Meeting at 9:30 a.m. on March 14, 2006, at District Headquarters, 5700 Almaden Expressway, San Jose, California.