special meeting

Tuesday, May 02, 2006

9:30 AM

I.         CALL TO ORDER:

1.                  Roll Call.

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.

9:40 a.m.

3.                  PUBLIC HEARING - Annual Report:  The Water Utility Enterprise, Preliminary March 2006 (Continued from April 11, 2006).  (Darin Taylor)

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.

 

4.                  Requests for Exemptions to Groundwater Charge Zones W-2 and W-5 (Continued from April 11, 2006).  (Keith Whitman)

i.                     Resolution Amending Boundary of Groundwater Charge Zone 5.

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.

 

5.                  Resolution Proclaiming May 21-27, 2006 National Public Works Week.  (Jim Fiedler) (GP-2.3)

6.                  Approval of Minutes:  April 4, 2006 Special Meeting.  (GP-2.4)

7.                  2006 Board Planning Calendar.  (GP-4)

8.                  Appointment of Chair's Designee to Respond to High Priority Legislation.  (Rick Callender)  (GP-5.2.4)

9.                  Coyote Flood Control and Watershed Advisory Committee:  Draft Minutes of March 2, 2006 Meeting and Draft Agenda for May 18, 2006 Meeting.  (Chris Elias)  (GP-8)

10.              Environmental Advisory Committee:  Draft Minutes of March 13, 2006 Meeting and Draft Agenda for May 15, 2006 Meeting.  (Chris Elias)  (GP-8)

11.              Guadalupe/West Valley Flood Control and Watershed Advisory Committee:   Draft Minutes of February 15, 2006 Meeting and Draft Agenda for May 10, 2006 Meeting.  (Chris Elias)  (GP-8)

12.              Lower Peninsula Flood Control and Watershed Advisory Committee:  Draft Minutes of February 15, 2006 Meeting and Draft Agenda for May 17, 2006 Meeting.  (Chris Elias)  (GP-8)

13.              Appointment to Independent Monitoring Committee, Clean Safe Creeks and Natural Flood Protection.  (Chris Elias)  (GP-9)

14.              Comprehensive Performance Audit - Interim Audit Information and Authorization to Amend Contract and Budget for Specified Costs - Agreement A2921A With Red Oak Consulting for Board's Comprehensive Performance Audit.  (Peter Sakai)  (GP-10.1.2)

i.                     Budget Adjustment.

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.

 

None.

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.

 

15.              Amended Producer-Wholesaler Agreement for Supply of Recycled Water Between South County Regional Wastewater Authority and Santa Clara Valley Water District.  (Melanie Richardson) (EL-5.7)

16.              Utility Agreement With San Jose Water Company to Provide Service to New Water Quality Laboratory Facility, San Jose.  (Gary Kawaoka)  (EL- 5.7.3)

i.                     Resolution Authorizing Conveyance of Real Property Interest to San Jose Water Company.

ii.                   Authorize Chief Executive Officer to Execute the Easement Deed.

17.              State Legislation:  AB 2348, AB 2951, AB 3050, SB 1574 and SB 1612.  (Rick Callender)  (EL-9.11)

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

a.                  Board Member Requests Responded to in CEO Bulletins for the Weeks of April 7-13, April 14-20 and April 21-27, 2006:

i.                     Response to BMR No. R-05-0038, Staff to Bring to Board for Review, Turf Replacement Policy (Including Updates and Clarifications).  (Keith Whitman) (Responded to in CEO Bulletin for Week of April 7-13, 2006)

ii.                   Response to BMR No. R-06-0039, Staff to Investigate Skype System (Computer Telephone Capabilities) for Determination of Cash Savings to District.  (Seth Johnson) (Responded to in CEO Bulletin for Week of April 7-13, 2006)

iii.                  Response to BMR No. R-06-0030, Staff to Come Back With Fact Sheet That Educates Constituents on Federal and State Appropriations Showing How Our Constituents' Federal/State Tax Monies are Being Garnered Through District's Efforts in Washington, and Showing How Local Tax Dollars are Being Saved Because of Federal and State Resources That We Secure.  (Rick Callender) (Responded to in CEO Bulletin for Week of April 14-20, 2006)

iv.                 Response to BMR No. R-06-0035 (Related to BMR No. R-06-0030), Staff to Add to Fact Sheet of Federal/State Appropriations an Overview of Previous Appropriations Received and Take to All Advisory Committees.  (Rick Callender) (Responded to in CEO Bulletin for Week of April 14-20, 2006)

v.                   Response to BMR No. R-06-0031, Staff to Contact San Jose City Council Member Dave Cortese for Letter of Support to Congresswoman Zoe Lofgren for Thompson Creek Section 206 Funding for Federal Fiscal Year 2007 Budget.  (Rick Callender) (Responded to in CEO Bulletin for Week of April 14-20, 2006)

vi.                 Response to BMR No. R-06-0062, Staff to Develop New Language for Describing District Services in Lieu of Using the Term "Free," Such as in Free Shower-Head Replacement Program, Free House Calls Program.  (Keith Whitman) (Responded to in CEO Bulletin for Week of April 21-27, 2006)

vii.                Response to BMR No. R-06-0041, Staff to Prepare for Board  Consideration a Resolution Declaring April  "Environmental Awareness Month" and Assist Director Kamei in Getting Other Local Government Agencies in Santa Clara County to Adopt a Similar Resolution and Actively Promote a Kick-off Event to Implement the Resolution.  (Rick Callender)  (Responded to in CEO Bulletin for the Week of April 21-27, 2006)

viii.              Response to BMR No. R-06-0046, Staff to Solicit Mr. Josua Garcia, Santa Clara County Building and Trades Council, to Serve as a Member of the Independent Monitoring Committee Representing Building and Trades Industry.  (Rick Callender) (Responded to in CEO Bulletin for Week of April 21-27, 2006)

ix.                 Response to BMR No. R-06-0033, Staff Presentation on 2006 Stream Maintenance Program Accomplishments Should be Made Part of Advisory Committees' Agendas.  (Chris Elias) (Responded to in CEO Bulletin for Week of April 21-27, 2006)

x.                   Response to BMR No. R-06-0049, Staff to Identify and Address Actions by Other Agencies in its Best Management Practices for Capital Projects (e.g. Delays to our Contractors Who then Blame us).  (Leticia Alvarez) (Responded to in CEO Bulletin for Week of April 21-27, 2006)

xi.                 Response to BMR No. R-06-0055, Since the EDAW Study we Approved and the Coastal Conservancy Study on A8 the District Should be Moving in Parallel Directions With a Hopeful Merging Into a Restoration Project, Staff to Keep Board Apprised of Progress Toward the Merging as the Studies Move Forward on Parallel Tracks.  (Katherine Oven) (Responded to in CEO Bulletin for Week of April 21-27, 2006)

xii.                Response to BMR No. R-06-0056, Director Zlotnick Requested that Future Flood Map Revision Notices to Homeowners be Sent from District, Not the Cities, With the Specific Director Signing the Transmittal Letter (Perhaps in Tandem with the Mayor of the City).    (Katherine Oven) (Responded to in CEO Bulletin for Week of April 21-27, 2006)

b.                  Update on District Act Revisions.

VIII.     CLOSED SESSION:

19.              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.

20.              PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Government Code Section 54957; Title:  Chief Executive Officer Performance Evaluation.

IX.       BOARD MEMBER REPORTS:

21.              Board Member Reports.

22.              Board Member Requests.

X.        ADJOURN:

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