Tuesday, January 09, 2007

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.                  Ceremonial Swearing in of Directors Rosemary Kamei, District 1, and Larry Wilson, District 4, for New Term Expiring January, 2011. (Lauren Keller) (GP-5.3)

4.                  Election of Chair and Vice Chair for the Year 2007. (Lauren Keller) (GP-5.3)

5.                  Recognition of Outgoing Chairperson Larry Wilson by New Chair and CEO. (Incoming Chair/CEO) (GP-5.3)

6.                  Recognition of Retirees by the Board and 2006 Pioneer Award Recipient. (Gustavo De La Torre) (GP-7.3)

7.                  Review of Board of Directors' External Committee Appointments for 2007. (Lauren Keller) (GP-9)

10:00 a.m.

8.                  Bay Area Regional Desalination Project - District Participation in Pilot Plan and Memorandum of Agreement (Continued from November 28, 2006). (Keith Whitman) (EL-5.7 E-2.1)

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.

 

9.                  Claim of Blue Whale Sailing School. (David Cahen) (EL-7.4)

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.

 

10.              Resolution Approving the Form and Content of and Authorizing the Execution of the First Amendment to Contract With the United States Bureau of Reclamation for Water Service and Operation and Maintenance of Certain Works of the San Felipe Division. (Keith Whitman) (GP-3.1)

11.              Items Related to GP-3.1, Board Linkage to the Public:

a.                  Joint Use Agreement With the City of Saratoga for Bicycle and Pedestrian Path Along Saratoga Creek Between Via Monte Drive and Saint Andrews School (Parcel 2021-87, 2021-49, 2012-49) (Saratoga).  (Beau Goldie) (EL-5.9, E-3.3, GP-3.1)

b.                  Resolution Considering Final Environmental Impact Report and Making Findings for Approval of Joint use Agreement with City of Mountain View for Stevens Creek Trail (Mountain View). (Beau Goldie) (EL-5, GP-3.1)

c.                  Joint Use Agreement with City of Cupertino for Use of District Property Along Junipero Serra Channel for Mary Avenue Bike/Pedestrian Footbridge (Cupertino). (Beau Goldie) (EL-5.9, GP-3.1)

12.              2007 Board Planning Calendar.  (GP-4)

13.              Santa Clara Valley Water Commission - Draft Minutes of October 25, 2006, Meeting and Draft Agenda for January 24, 2007, Meeting. (Rudy Medina) (GP-8)

14.              2007 Reappointments to Environmental Advisory Committee. (Lauren Keller) (GP-9)

15.              2007 Reappointment to Landscape Advisory Committee. (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.

 

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.

 

17.              Sole Source Fixed Asset Purchase: Pond Aerator to Reduce Methyl Mercury Production in Lake Almaden. (Ann Draper) (EL-5.7.3)

18.              Agreement with AT&T for Internet Service Upgrade. (Seth Johnson) (EL-5.7.3)

i.                     Budget Adjustment.

19.              Resolution Authorizing Conveyance of Interest in Real Property on Uvas-Carnadero Creek With Ernest S. Filice, Ann R. Filice and Valerie Filice (Gilroy). (Marc Klemencic) (EL-5.9)

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

21.              Board Member Requests Responded to in CEO Bulletins for the Weeks of December 15-21 and 22-28, 2006.

a.                  R-06-0423, Staff to Look Into What it Would Take for the District to be Carbon Neutral. (Frank Maitski)

b.                  R-06-0429, Staff to Identify the Significant Differences in AB 1881 and the Landscape Advisory Committee's Work Plan and Bring the Information Back to the Committee on 1/11/07 and Provide Information to the Board as Well. (Keith Whitman)

c.                  R-06-0431, Schedule, Prior to Budget, a Discussion on General Operations and Direction District is Going.  Need Time to Discuss Issues in Detail. (Peter Ng)

d.                  R-06-0434, Staff to Consider Adding Emergency Preparedness in the CEO Work Plan Report. (Sharon Judkins)

e.                  R-06-0435, Staff to Consider Adding a Symbol to CEO Work Plan Performance Report to Show Which Performance Issues were "Out of Staff's Control," i.e., City Permit Issues. (Peter Ng)

f.                    R-06-0443, Staff to Assist Chair in Preparing Thank You Letter to Senator Feinstein (Letter From Senator Feinstein in 12/12/06 Non-agenda). (Rick Callender)

g.                  R-06-0447, Staff to Provide Update on Possible Land Acquisition in South County for Future Treatment Plant. (Sandy Oblonsky)

VIII.     NEW BOARD MEMBER REQUESTS.

IX.       CLOSED SESSION:

22.              CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE TO LITIGATION -- Government Code Section 54956.9(b)  1 matter

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

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

X.        ADJOURN:

25.              Adjourn to Special Meeting at 9:00 a.m., on January 12, 2007, at District Headquarters, 5700 Almaden Expressway, San Jose, California.