Tuesday, May 09, 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.

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.

3. Notice of Time and Place of Public Hearing Regarding Flood Control Benefit Assessments for Fiscal Year 2006-2007. (Jim Fiedler)

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. Memorandum of Understanding in Support of Bay Area Water Forum and Funding Contribution Towards Proposed Activities. (Keith Whitman) (GP-2.3)

5. Approval of Minutes: April 11, 2006 Regular and Special Meetings. (GP-2.4)

6. Discussion of Proposed Open Government Initiatives. (Debra Cauble) (GP-3.1)

a. District Sunshine Ordinance.

b. Establishing of Standing Audit Committee.

7. State Legislation and Response to Informal Board Member Request No. I-06-0047: SB 1608 (Simitian) Transportation - Landscaping Projects. (Rick Callender) (GP-3.1)

8. 2006 Board Planning Calendar. (GP-4)

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.

9. Report of Bids Received and Award of Contract for Dam Instrumentation Project - Phase 1A, Contract No. C0522, Project No. 91084010, Santa Clara County (Continued from February 7, 2006). (Gary Kawaoka) (EL-5.7.1)

i. Budget Adjustment.

10. Approval of Consultant Agreement for Geotechnical Services - Dam Instrumentation Project Phase 1A, Santa Clara County, and Dam Safety Program. (Gary Kawaoka) (EL-5.7.2)

i. Budget Adjustment.

11. Right of Way Agreement and Grant Deed With Greg and Tina DeVries for Almaden-Calero Canal, Unincorporated Area. (Keith Whitman) (EL-5.8)

12. Quitclaim Deed From City of San Jose to Catherine Street Western Terminus Parcel, Alviso District, City of San Jose, Santa Clara County, (3015-552). (Jim Fiedler) (EL-5.8)

13. Chief Executive Officer's Report and Bulletin. (EL-9.12)

a. Board Member Requests Responded to in CEO Bulletin for the Week of April 28 - May 4, 2006.

i. Response to BMR No. R-06-0043, Director Sanchez Requested that Staff Proceed Immediately With Appraisals and Notification of Intent to Purchase Neighboring Properties. (Frank Maitski)

ii. Response to BMR No. R-06-044, Staff to Schedule Board Workshop on Real Estate Relocations for General Knowledge Purposes. (Frank Maitski)

iii. Response to BMR No. R-06-0054, Director Santos Requested that Future District Reservoir Spill Reports Include More Information on Downstream Impacts, Tidal Conditions and Potential Risk of Flooding Downstream and Tidal Flooding Areas. (Keith Whitman)

iv. Response to BMR No. R-06-0040, Prepare Letter from Chief Executive Officer to Congressional Delegation Regarding Federal Emergency Management Agency's Emergency Aid Response to New Orleans Sewer and Water Board and Explain How Bay Area People Pulled Together to Assist in Louisiana. (Rick Callender)

v. Response to BMR No. R-05-0224, Staff to Provide Annual Report on Semitropics' Operation. (Keith Whitman)

b. Update on District Act Revisions.

VIII. CLOSED SESSION:

None.

IX. BOARD MEMBER REPORTS:

14. Board Member Reports.

15. Board Member Requests.

X. ADJOURN:

16. Adjourn to Special Meeting at 9:30 a.m. on May 22, 2006, at District Administration Building, Conference Room B108, 5750 Almaden Expressway, San Jose, California.