Tuesday, September 26, 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. Proposed Flores Area Groundwater Charge Zone Study (Response to BMR R-06-0147). (Keith Whitman) (EL-9.12)

10:20 a.m.

4. Consultant Contract with Black and Veatch for the South Bay Advanced Recycled Water Treatment Facility. (Melanie Richardson) (EL-5.7)

i. Budget Adjustment.

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. Notice of Completion of Contract and Acceptance of Work for Construction of Rinconada Water Treatment Plant Caustic Soda Feed System Replacement Project (Los Gatos), Pacific Infrastructure, Contractor, Contract No. C0520, Project No. 93294044. (Leticia Alvarez) (EL-9.9)

6. Setting of Public Hearing - Proposed Ordinance for Compensation of Board of Directors for 2007. (Lauren Keller) (GP-10.3)

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. 2006 Board Planning Calendar. (GP-2.4)

8. Resolutions Expressing Appreciation to Assembly Member Joe Coto and Senator Elaine Alquist and Letters to Assembly Member Simon Salinas and Environmental Programs Director Margaret Bruce Expressing Appreciation for Support of AB 2435 Which Specifies in Statute that the District's Board of Directors has Sole Responsibility for Approving District's Budget and Removes two At-Large Appointed Positions. (Rick Callender) (GP-3.1)

9. November Ballot Initiatives Propositions 87 Alternative Energy. Research, Production, Incentives. Tax on California Oil and 90 Governmental Acquisition, Regulation of Private Property (Continued From August 22, 2006). (Rick Callender) (GP-3.1)

10. Request for Membership on the Santa Clara County Emergency Preparedness Council. (Rick Callender) (GP-3.1)

11. Central Valley Project Contract Renewal Ad Hoc Board Committee Report. (Keith Whitman) (GP-3.1, -8)

12. Response to BMR 06-0162 Regarding State Legislation: AB 2778 (Lieber) Electricity: Self-Generation Incentive Program. (Rick Calllender) (GP-3.1)

13. Revision to Resolutions Pertaining to the Environmental Advisory Committee, the Santa Clara Valley Water Commission, and the Flood Control and Watershed Advisory Committees. (Chris Elias) (GP-8)

14. Landscape Advisory Committee - Draft Agenda for October 12, 2006, Regular Meeting, and Draft Minutes of July 13, 2006, Regular Meeting and July 31, 2006 Special Meeting. (Chris Elias) (GP-8)

15. Uvas/Llagas Flood Control and Watershed Advisory Committee - Appointment of New Members and Resolution of Appreciation for Outgoing Committee Member. (Lauren Keller) (GP-9)

16. 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.

17. Board Review of FY 2006 Ends Report (Continued From August 22, 2006). (Peter Sakai) (BL-1, -3.3, -5.4, and EL-9.1)

18. Board Review of Fiscal Year 2006 Quarter 4 and Annual Summary Graphs - Executive Limitations Monitoring Reports (Continued From August 22, 2006). (Peter Sakai) (EL-2,-3,-5,-6,-7,-8,-9,-10)

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.

19. Budget Adjustment to Increase Fiscal Year 2007 Appropriation for Coyote Levee Maintenance in Coyote Watershed Fund for a Levee Repair on Coyote Creek at the South Bay Mobile Home Park. (Marc Klemencic) (EL-5.1)

20. Sponsorship Authorization for KTEH-54 Production of "Saving the Bay" Video Series. (Meenakshi Ganjoo) (EL-5.7.3)

21. Sole Source Agreement with Enviru, Inc. for Facilitation and Mediation Services of the Alviso and Lower Guadalupe Collaborative. (Rick Callender) (EL-5.7.3)

22. Consideration of Potential Quitclaim of Real Property Interest to Daryl and Rhonda Huff on Wildcat Creek (Portions of Parcels 2030, 2030-11) (Beau Goldie) EL-5.8)

23. Consideration of Mitigated Negative Declaration and Addenda prepared by the City of San Jose; Adoption of Resolution Authorizing the Conveyance of Interest in Real Property to the City of San Jose; and Authorization for Chief Executive Officer to Execute the Quitclaim Deed and Right of Way Agreement to Provide Street Access to a Residential Subdivision - Norwood Debris Basin (San Jose) Parcel 4042-7.02. (Jim Fiedler) (EL-5.9)

24. 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 (Continued From August 22, 2006), September 8-14 and 15-21, 2006.

i. R-06-0114, San Jose Water Company's Pre-Harvest Inspection. (Sandy Oblonsky)

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

iii. R-06-0131, During Board's Policy Workshop on 8/1/06, 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)

iv. R-06-0140, Staff to Work after Elections with Newly-Elected Members of City Councils Providing Briefing on District Issues and with Directors in Their Various Areas. (Rick Callender)

v. R-06-0153, Staff to Come Back with Cost of Estimated 150 Hours of Staff Work Associated with Norwood Debris Basin Transfer of Real Property. (Marc Klemencic)

vi. R-0-0159, Staff and WRPC to Consider how Neighborhood Associations can Apply for District Grants to Fund Reach Stewards Program. (Ann Draper)

vii. R-06-0160, Staff to Keep Board Apprised of Concerns to Private Development on San Tomas Aquino Creek. (Beau Goldie)

viii. R-06-0162, Staff to Bring Back on September 26, 2006, More Information on AB 2778 and Reason for Exclusion of Solar. (Rick Callender)

ix. R-06-0163, Staff to Bring Back Proposition 87 with Impacts. Also Proposition 90 and How it Aligns with Supreme Court Decision. Bring Back Analysis by ACWA, etc. (Rick Callender)

x. R-06-064, Staff to Work with Assemblymember Rebecca Cohn Regarding District Operations such as District Reserves, Projects, Change Orders, Process, etc. (Rick Callender)

b. Board Member Requests.

VIII. CLOSED SESSION:

25. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Title: Chief Executive Officer (Continued From August 22, 2006). Pursuant to Government Code 54957.

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

IX. ADJOURN:

27. Adjourn to Special Joint Meeting with City of San Jose at 9:00 a.m. on September 27, 2006, at District Headquarters, 5700 Almaden Expressway, San Jose, California.