Tuesday, March 28, 2006

9:30 AM

I. CALL TO ORDER:

II. TIME CERTAIN:

9:35 a.m.

2. 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.

10:00 a.m.

3. Video Produced for San Jose Conservation Corps Featuring Former Corpsmember Now District Employee. (Olga Martin Steele) (E-4)

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.

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.

4. Approval of Minutes: February 28 and March 14, 2006, Regular Meetings. (GP-2.4)

5. Proposed Response to February 7, 2006, Letter From B. Terry Mahurin Regarding 1953 Annexation Agreement and Operation of Main Avenue and Madrone Percolation Ponds. (Keith Whitman) (GP-3.1)

6. 2006 Board Planning Calendar. (GP-4)

7. Santa Clara Valley Water Commission - Draft Minutes of January 25, 2006, Meeting and Draft Agenda for April 12, 2006, Meeting. (Chris Elias) (GP-8)

8. Landscape Advisory Committee - Draft Minutes of February 9, 2006, Meeting and Draft Agenda for April 13, 2006, Meeting. (Chris Elias) (GP-8)

9. 2006 Landscape Advisory Committee and Santa Clara Valley Water Commission Nominations/Reappointments. (Lauren Keller) (GP-9)

i. Resolutions of Appreciation for Outgoing Committee Members.

10. 2006 Reappointments to Independent Monitoring Committee, Clean Safe Creeks and Natural Flood Protection. (Lauren Keller) (GP-9)

i. Resolution of Appreciation for Outgoing Committee Member.

11. 2006 Guadalupe/West Valley Flood Control and Watershed Advisory Committee; Lower Peninsula Flood Control and Watershed Advisory Committee; Coyote Flood Control and Watershed Advisory Committee; and Uvas/Llagas Flood Control and Watershed Advisory Committee Nominations/Reappointments. (Lauren Keller) (GP-9)

i. Resolutions of Appreciation for Outgoing Committee Members.

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.

12. Expanding Executive Limitation 5 Financial Conditions to Cover Additional Debt Items. (Olga Martin Steele) (BL-4)

13. Board Review of Fiscal Year 2006, Quarter 2 Ends Report. (Peter Sakai) (BL-5.4)

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.

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.

14. Lexington Raw Water Pipeline Replacement Project (San Jose Water Company); Resolution Adopting Mitigated Negative Declaration. (Keith Whitman) (EL-2.4)

15. Consultant Agreement With EDAW, Inc., to Prepare Planning Study for Alviso Slough Restoration Project. (Katherine Oven) (EL-5.7)

16. Contract Change Order No. 4 for State Highway 237 Eastbound Bridge Replacement Project on Guadalupe River, FCI Constructors, Inc., Contract No. C0512, File No. 30154011 (San Jose). (Leticia Alvarez) (EL-5.7)

17. Right of Way Agreement and Grant Deed With Horacio and Antonia Ricardez on Upper Guadalupe River, Reach 6, San Jose, Parcel No. 3015-349 (Continued From March 14, 2006). (Katherine Oven) (EL-5.8)

i. Budget Adjustment.

18. Claim of Belinda Allen. (Ron Whipp) (EL-7.4)

19. Amendment No. 2 to Cost-Sharing Agreement No. A2412, Between City of Cupertino and District for Reconstruction of Bollinger Road Bridge Over Calabazas Creek (Cupertino and San Jose). (Beau Goldie) (EL-7.8)

20. Chief Executive Officer's Report and Bulletins. (EL-9.12)

a. Board Member Requests Responded to in CEO Bulletins for the Weeks of March 10-16 and March 17-23, 2006.

i. Response to BMR No. R-06-0018, Staff to Bring Back More Information on Nitrate Monitoring Programs and What Can be Done to Monitor Nitrate in Instances Similar to Mr. Allen Moyer's Pond. (Keith Whitman) (Responded to in CEO Bulletin Week of March 17-23, 2006)

ii. Response to BMR No. R-06-0023, Staff to Clarify and Provide an Explanation on District's Website of Differences Between Existing CVP Contract Verses Renewal Contract and Rates. (Keith Whitman) (Responded to in CEO Bulletin Week of March 17-23, 2006)

iii. Response to BMR No. R-05-0236, Staff to Research and Bring Back Discussion on Property Tax Assessment for State Water Project Costs. (Keith Whitman) (Responded to in CEO Bulletin Week of March 17-23, 2006)

iv. Response to BMR No. R-06-0026, Director Santos Requested That Customer Service Ratings Demonstrated in the East Bay Municipal Utilities District Water Conservation and Recycling Publication be Used as a Model for Measuring the District's Customer Service Performance. (Keith Whitman) (Responded to in CEO Bulletin Week of March 17-23, 2006)

v. Response to BMR No. R-06-0019, Staff to Explore the Feasibility of Expanding How the Board Relates to its Customers and Constituents by Leveraging District's IT Capabilities. (Seth Johnson) (Responded to in CEO Bulletin Week of March 17-23, 2006)

vi. Response to BMR No. R-05-0224, Staff to Provide an Annual Report on Semitropics' Operation. (Keith Whitman) (Responded to in CEO Bulletin Week of March 17-23, 2006)

vii. Response to BMR No. R-06-0014, Staff to Look into Ethics Training by Various Associations, i.e., Special District's, ACWA, and District's Ethics Officer. Verify Which Meets Legal Requirements for Directors to Avoid Duplication. (Gustavo De La Torres) (Responded to in CEO Bulletin Week of March 17-23, 2006)

b. Update on Almaden/Winfield Campus Planning Report.

c. Update on District Act Revisions.

VIII. CLOSED SESSION:

21. CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6; Agency Designated Representatives: Stan Williams, Olga Martin Steele, Rudy Medina, Leticia Alvarez, Anthony Fulcher, Mike Hamer, Melanie Richardson; Employee Organizations: Employees Association, Engineer's Society, Mid-Management Association.

22. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8; Property: APN 694-05-016 and 694-05-022 (1030 Blossom Hill Road, San Jose); District Negotiators: Frank Maitski, Deanna Forsythe; Negotiating Parties: Clotilde M. Perasso 1974 Trust; Under Negotiation: Price and Terms of Payment.

IX. BOARD MEMBER REPORTS:

23. Board Member Reports.

24. Board Member Requests.

X. ADJOURN:

25. Adjourn to Special Joint Meeting with San Jose City Council at 10:00 a.m., on April 4, 2006, at District Headquarters, 5700 Almaden Expressway, San Jose, California.