Tuesday, November 28, 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.

9:45 a.m.

3. Bay Area Regional Desalination Project - Continued Agency Participation on Pilot Plant. (Hossein Ashktorab) (EL-5.1)

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.

4. Resolution to Authorize the Chief Executive Officer to Enter into an Agreement for a Grant from the State of California for the Pond A8 Applied Study, (Ann Draper) (E-3.1.1)

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. Approval of Minutes: November 13, 2006, Special Board Meeting. (GP-2.4)

6. Agreement with San Benito County Water District for Repayment and Management of San Felipe Division Facilities. (Joan Maher) (GP-3.1, -8)

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

8. Independent Monitoring Committee - Resolution of Appreciation for Outgoing Committee Member George Trevino, and Application of Lonnie Gross for Vacancy. (Lauren Keller) (GP-9)

9. 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.

10. Review Fiscal Year 2007, Quarter 1, Total Organizational Performance/Chief Executive Officer Work Plan Report. (Peter Ng) (BL-1, -3.3, -5.4, EL-9.1)

11. Board Review of Fiscal Year 2007, Quarter 1 - Executive Limitations Monitoring Reports. (Peter Ng) (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 Executive 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 to the Board. (Peter Ng)

h. EL-10 Equal Employment Opportunity. (Jose Peralez)

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. Resolution Providing for the Issuance of Santa Clara Valley Water District, Water Utility System Refunding Bonds, Series 2006A and Santa Clara Valley Water District, Water Utility System Refunding Revenue Bonds, Taxable Series 2006B. (Peter Ng) (EL-5.2)

13. Resolution Authorizing Conveyance of Real Property Interest to City of Milpitas for Roadway Purposes at South Abel Street Near the Elmwood Correctional Facility 9 (City of Milpitas) Project No. 4033-32.04. (Marc Klemencic) (EL-2.4,-5.9)

14. Fiscal Year 2005-06 Year-End Closing Budget Adjustment and Reserve Update, and Fiscal Year 2006-07 Budget Actions. (Peter Ng) (EL-5)

15. Right of Way Agreement with Consuelo Carillo on Upper Guadalupe River, Reach 7 (San Jose) Parcel No. 3015-447. (Katherine Oven) (EL-5.9)

16. Budget Adjustment to Fund Position Performing Cyber Security Activities. (Ray Yep) (E2.1, EL-5.1, -7)

i. Budget Adjustment.

17. Chief Executive Officer's Report. (EL-9)

18. Board Member Requests Responded to in CEO Bulletins for the Weeks of November 10-16, and 17-23, 2006.

a. R-06-0423, Staff to Research and Collect Data on Alternatives and Costs for District to be Carbon Neutral. (Frank Maitski)

b. R-06-0425, Staff to Respond to Whether Agreement with Honeywell International is in Compliance with District's Living Wage Policy. (Melanie Richardson)

c. R-06-0426, Staff to Gather Information on the Monterey/Luchessa Area Where the District Bought Easements. (Frank Maitski)

VIII. NEW BOARD MEMBER REQUESTS.

IX. CLOSED SESSION:

19. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8. Property: Westerly of Hope Street Between Catherine and Taylor Streets, Alviso. District Negotiators: Jim Fiedler, Elizabeth Engle. Negotiating Parties: Jaime Angulo. Under Negotiation: Price and Terms of Payment.

20. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8. Property: APN 264-40-095. District Negotiators: Frank Maitski, Deanna Forsythe. Negotiating Parties: Patricia Tappan and Theodore Lopez. Under Negotiation: Price and Terms of Payment.

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

X. ADJOURN:

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