Tuesday, September 12, 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.                  Introduction of New Employees and Recognition of Retirees by the Board. (Gustavo De La Torre) (E-4.1)

11:00 a.m.

4.                  Stevens Creek Corridor Restoration Partnership Agreement; Amendment No. 1 to Agreement No. A2859S, Between City of Cupertino and District, and Appearance by Ralph Qualls, City of Cupertino Department of Public Works.   (Beau Goldie) (EL-5.7)

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.

 

5.                  California Special Districts Association Board of Directors Election 2006. (Rick Callender) (GP-1)

6.                  Approval of Minutes: August 22, 2006 Regular Meeting. (GP-2.4)

7.                  Board of Directors' Quarterly Expense Report for Quarter Ending June 30, 2006. (Lauren Keller) (GP-2.7)

8.                  Board Planning Calendar. (GP-4)

9.                  Coyote Flood Control and Watershed Advisory Committee - Draft Agenda for September 21, 2006, Regular Meeting and Annual Tour of Projects, and Draft Minutes for May 18, 2006, Meeting. (Chris Elias) (GP-8)

10.              Coyote Flood Control and Watershed Advisory Committee - Resolution of Appreciation for Outgoing At-Large Committee Member Batista Vieira, and Application of Sahib Mann for At-Large Vacancy. (Lauren Keller) (GP-9)

11.              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.

 

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.

 

12.              Consideration of Future Exchange of Real Property Interest on Uvas Carnadero Creek in Gilroy (A Portion of Parcel 5018-56).  (Marc Klemencic) (EL-5.9)

13.              Right of Way Agreement with Connie R. Hall, Upper Guadalupe River, Reach 6 (San Jose) Parcel No. 3015-574. (Katherine Oven) (EL-5.9)

14.              Memorandum of Understanding Between District and San Benito County Water District for Water Softener Rebate Program. (Melanie Richardson) (EL-5.7)

15.              Report of Bids and Award of Contract for Penitencia Water Treatment Plant Landscaping and Site Improvement Project, Contract No. CO526, Project No. 93234037 (San Jose) (Continued from July 11, 2006).   (Gary Kawaoka) (EL-5.7.1)

i.                     Budget Adjustment.

16.              Positions on Federal Legislation: S 203 (Walden), S 3639 (Murkowski), HR 5852 (Reichert), S 2145 (Collins), and HR 5695 (Lungren).  (Rick Callender) (EL-9.11)

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

a.                  Board Member Requests Responded to in CEO Bulletins for the Weeks of August 18-24, 25-31, and September 1-7, 2006.

i.                     R-06-0132, District Counsel to Include Language in Contractor/Consultant Selection Process that Defines Negligence, Including the Failure to Uphold Professional Standards. (Debra Cauble)

ii.                   R-06-0136, Notify the Board When Treatment Plant Outages Occur. (Chris Elias)

iii.                  R-06-0137, Provide a One-Page Informational Item to our Legislative Delegation on how the District Operates and Prepares to Deal with Extreme Heat Conditions. (Mike Hamer)

iv.                 R-06-0138, Check Meeting Time of September 8, 2006, Meeting in Monterey Regarding Discussion of Perchlorate Clean Up Report for Director Kamei's Information. (Melanie Richardson)

v.                   R-06-139, Staff to Provide a Write-Up/Description on Shifting Water Production Demands/Load Issues. (Keith Whitman)

vi.                 R-06-0140, Suggestion of Mayor Klein and Director Zlotnick for Staff to work After Elections with Newly-Elected Members of City Councils Providing a Briefing on Water District Issues with District Directors. (Rick Callender)

vii.                R-06-0141, Possibility of Holding in Abeyance Implementation of Switch to Municipal and Industrial Water Rates Until Directors Sanchez and Kamei meet on Bonfante Garden Issue. (Frank Maitski)

viii.              R-06-0144, Staff to Contact California Strategies, LLC, Relative to the Request for Proposal Process for District Sacramento Lobbyist Contract. (Rick Callender)

ix.                 R-06-0144, Related to R-06-0117 Mobile Lab Services Program - Bring Back Further Information on Cost Savings. (Keith Whitman)

x.                   R-06-0145, Staff to Check on SCRWA's Reaction to Changing the Implementation Schedule for Water Recycling in South County. (Keith Whitman)

xi.                 R-06-0147, Request to Agendize R-06-0118, Mr. Flores's Groundwater Charge Issue Until Director Kamei can Attend. (Melanie Richardson)

xii.                R-06-0149, Staff to Provide Explanation of any Increase in Membership/Sponsorship Fees. (Rick Callender)

xiii.              R-06-0152, Provide Board with Alviso Slough Restoration Project Reports and Periodic Updates. (Katherine Oven)

xiv.              R-06-0154, Staff Work with City of San Jose to Develop "Lessons Learned" for Norwood Debris Basin Conveyance, and Report back to the Board on Outcomes.  (Marc Klemencic)

VIII.     CLOSED SESSION:

18.              CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE TO LITIGATION - Government Code Section 54956.9(b) 2 matters.

IX.       BOARD MEMBER REQUESTS:

X.        ADJOURN:

19.              Adjourn to Regular Meeting at 9:30 a.m. on September 26, 2006, at District Headquarters, 5700 Almaden Expressway, San Jose, California.