Tuesday, August 22, 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. Saving the Bay Presentation by Ron Blatman, Producer, KTEH, PBS-San Jose. (Greg Zlotnick) (EL-5.13)

11:30 a.m.

4. Presentation on Bargaining Economic Issues in an Interest - Based Setting. (Olga Martin Steele) (EL-9.4)

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.

5. Grand Jury Response. (Olga Martin Steele) (EL-1)

6. San Francisco Bay Shoreline Project, Amendment No. 2 to Memorandum of Agreement (A2887M) with California Coastal Conservancy. (Ann Draper) (EL-5.7)

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.

7. Evaluation Report of District Board of Directors' Work Study Session Prepared by Judy Nadler, Markkula Center for Applied Ethics, Santa Clara University. (Chris Elias) (GP-2)

8. Preparation of Habitat Conservation Plan and Natural Community Conservation Plan (Responding to Board Member Request Nos. R-06-0060 and R-06-0128). (Ann Draper) (GP-2.3)

9. Approval of Minutes: July 11 and 25, and August 8, 2006, Regular Meetings, and August 1, 2006, Special Meeting. (GP-2.4)

10. Request funding for Sustainable Silicon Valley's CO2 Report and Event Concerning Global Warming Issues. (Rick Callender) (GP-3.1)

11. November Ballot Initiatives: Propositions 87 Alternative Energy, Research, Production, Incentives. Tax on California Oil and 90 Governmental Acquisition, Regulation of Private Property. (Rick Callender) (GP-3.1)

12. State Legislation: AB 2778. (Rick Callender) (GP-3.1)

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

14. Guadalupe/West Valley Flood Control and Watershed Advisory Committee - Draft Minutes of May 10, 2006, Meeting and Draft Agenda for September 13, 2006, Annual Committee Tour and Meeting. (Chris Elias) (GP-8)

15. Uvas/Llagas Flood Control and Watershed Advisory Committee - Draft Minutes of May 11, 2006, Meeting and Draft Agenda for September 21, 2006, Annual Committee Tour and Meeting. (Chris Elias) (GP-8)

16. Lower Peninsula Flood Control and Watershed Advisory Committee - Draft Minutes of May 17, 2006, Meeting and Draft Agenda for September 29, 2006, Annual Committee Tour and Meeting. (Chris Elias) (GP-8)

17. Agricultural Water Advisory Committee - Draft Minutes of July 10, 2006, Meeting and Draft Agenda for September 13, 2006, Special Joint Tour With Landscape Advisory Committee, and Regular Meeting of Agricultural Water Advisory Committee. (Chris Elias) (GP-8)

18. Environmental Advisory Committee - Draft Minutes of July 17, 2006, Meeting and Draft Agenda for September 18, 2006, Meeting. (Chris Elias) (GP-8)

19. Resolution Pertaining to the Agricultural Water Advisory Committee and Repeal of Resolution 02-09 (Responding to Board Member Request No. R-06-0066). (Chris Elias) (GP-8.1)

20. Application of Joanne Carlson for At-Large Vacancy on Guadalupe Flood Control and Watershed Advisory Committee. (Lauren Keller) (GP-9)

21. Board Member Reports.

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.

22. Board Review of Fiscal Year 2006 Ends Report. (Peter Sakai) (BL-1, -3.3, -5.4, and EL-9.1)

23. Board Review of Fiscal Year 2006 Quarter 4 and Annual Summary Graphs - Executive Limitations Monitoring Reports. (Peter Sakai) (EL-2, -3, -5, -6, -7, -8, -9, -10)

a. EL-2 - Treatment of Consumers. (Olga Martin Steele)

b. EL-3 - Treatment of Staff. (Olga Martin Steele)

c. EL-5 - Financial Conditions and Activities. (Peter Ng)

d. EL-6 - Emergency Chief Exercutive Officer Succession. (Jose Peralez)

e. EL-7 - Asset Protection. (Peter Ng)

f. EL-8 - Compensation and Benefits. (Jose Peralez)

g. EL-9 - Communication and Support. (Peter Sakai)

h. EL-10 - Nondiscrimination Plan. (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.

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.

24. Report of Bids Received and Award of Contract for New Water Quality Laboratory Project, Contract No. C0525, Project No. 93404003, San Jose (Continued from May 30, 2006). (Gary Kawaoka) (EL-5.7)

25. Resolution for Compensation of CEO. (Olga Martin Steele) (EL-8.1)

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

a. Board Member Requests Responded to in CEO Bulletins for the Weeks of August 4-10, and 11-17, 2006.

i. R-06-0123, Staff to Keep Board Apprised of Status of Application for 2007 Solar Subsidy Grant Funds for New Water Quality Laboratory Project, and Efforts to Obtain Mitigation Credit. (Gary Kawaoka)

ii. R-06-0127, Staff to Provide Board With Breakdown of Corporation Yard Requirements and Costs Associated with Corporation Yard and Relocation. (Frank Maitski)

iii. R-06-0095, Staff to Inform Board Through CEO Bulletin of Stakeholder - Type Meetings, who are Stakeholders and Outcomes, etc., so Board is Informed. Directors Should Not Hear About it Through Constituents First. (Chris Elias)

iv. R-06-0129, When Staff is Preparing Agenda Items Concerning Construction Contracts, Financial Impact Needs to Match Figures in Budget. (Leticia Alvarez)

v. R-06-0130, Staff to Provide Board With Safeguards and Triggers to Flag Against Spending Over Budget Relative to Contracts and Agreements. (Frank Maitski)

vi. R-06-0131, Review SJ Giants' Event as an Issue or Example for Review Relative to Whether it is an Outreach Category or Falls Within Policy. (Gustavo De La Torre)

vii. R-06-0133, Staff to Come Back With Discussion on Board Policies as They Relate to Delegation of Authority to CEO to Sign Bargaining Unit MOU's and Extensions in an Interest Based Bargaining Environment. (Jose Peralez)

viii. R-06-0142, Staff to Clarify Next Steps in BMR R-06-0102, Relative to Letters that Went out on Ordinance Violations. (Jim Fiedler)

ix. R-06-0148, Staff to Agendize for Discussion What Needs to be Done, if Anything, Relative to Eliminating Runoff Elections. (Debra Cauble)

x. R-06-0151, Staff to Provide More Information to the Board on Brush Truck Purchase. (Marc Klemencic)

VIII. CLOSED SESSION:

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

28. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Title: Chief Executive Officer. Pursuant to Government Code 54957.

29. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation Pursuant to Government Code 54956.9(c). Four Cases

IX. BOARD MEMBER REPORTS.

X. ADJOURN:

30. Adjourn to Regular Meeting at 9:30 a.m. September 12, 2006, at District Headquarters, 5700 Almaden Expressway, San Jose, California.