Tuesday, February 13, 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.

10:00 a.m.

3. Presentation of the Independent Monitoring Committee's (IMC) Annual Oversight Report on the Clean, Safe Creeks and Natural Flood Protection Program Fiscal Year 2005-06. (Rudy Medina) (EL-9)

i. Appearance of David Ginsborg, IMC Chair.

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. Water Utility Enterprise Report - Preliminary March 2007. (Walt Wadlow) (EL-9.9)

i. Resolution Setting Time and Place of Public Hearing.

ii. Notice of Public Hearing.

5. Claim of Hardial S. Pannu, Davinder K. Pannu, dba Willow Glen Way Market. (David Cahen) (EL-7.4)

6. Resolution Specifying Intention to Consider Undertaking a Work of Improvement and Providing for Notice of Time and Place of Public Hearing on Engineer's Report for Pajaro Basin Freshwater Wetland Project. (Marc Klemencic/Katherine Oven) (EL-9.9)

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. Approval of Minutes: January 9, 2007, Special Meeting, January 12 and January 23, 2007, Regular Board Meetings. (GP-2.4)

8. Approval of Transmittal of Staff Comments on Coyote Valley Specific Plan (Melanie Richardson) (GP-3.1)

9. Airport Parkway Undercrossing and Highway 101 Undercrossing at Guadalupe River. (Katherine Oven) (GP-3.1)

i. Approval of District Resources to Manage Trail Construction for City of San Jose.

ii. Budget Adjustment.

iii. Approval of Plans and Specifications and Advertisement for Bids.

10. 2007 Board Planning Calendar. (GP-4)

11. Agricultural Water Advisory Committee - Draft Minutes of January 8, 2007, Meeting and Draft Agenda for March 5, 2007, Meeting. (Rudy Medina) (GP-8)

12. 2007 Nominations, Appointments and Reappointments to Santa Clara Valley Water Commission and Various Flood Control and Watershed Advisory Committees. (Lauren Keller) (GP-9)

i. Resolutions of Appreciation for Outgoing Committee Members.

13. 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.

14. Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2006. (Olga Martin Steele) (BL-5.4)

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.

15. Sole Source Agreement With Gyrus Systems to Interface Safety Training Wizard Software With PeopleSoft and Train Personnel. (Gustavo De La Torre) (EL-5.7.3)

16. Agreement and Resolution for Exchange of Real Property Interest on Calero Dam and Reservoir and Cross-Valley Pipeline With County of Santa Clara (San Jose) Parcel Nos. 9187-6.02 and 9232-49. (Marc Klemencic) (EL-5.9)

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

18. Board Member Requests Responded to in CEO Bulletins for the Weeks of January 19-25, 26-February 1, and February 2-8, 2007.

i. R-06-0433, Agendize Discussion on Whether Director Involvement in District Projects Result in Staff Handling Various Projects Differently. (Dave Chesterman)

ii. R-06-0444, Staff to Present Analysis of Escalating Construction Cost and its Effect on Future Cost Estimating Processes. (Dave Chesterman)

iii. R-06-0450, Staff to Provide Longer Gooseneck Microphone at Dais for Director Sanchez. (Seth Johnson)

iv. R-07-0002, Staff to Agendize Board Review of Advisory Committee Charters and Resolutions. (Rudy Medina)

v. R-07-0003, Staff to Provide Board with Information on Net Neutral Legislation. (Seth Johnson)

vi. R-07-0006, Staff to Supply Information on How District can Prepare for FEMA Levee Decertification Impacts to Community. (Ann Draper)

vii. R-07-0008, Staff to Convey Board's Appreciation to San Francisco Public Utility Commission for Role in Bay Area Desalination Project. (Keith Whitman)

viii. R-07-0009, Staff to Agendize Discussion of Adding Emergency Preparedness to CEO Work Plan. (Sharon Judkins)

ix. R-07-0011, Discuss with Mia O'Connell Senator Boxer's Support of Water Resources Development Act. (Rick Callender) (Peter Ng)

VIII. NEW BOARD MEMBER REQUESTS.

IX. CLOSED SESSION:

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

20. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code Section 54956.9(b): Significant Exposure to Litigation (1 case).

X. ADJOURN:

21. Adjourn to Special Meeting Congressman Jerry McNerney and Congresswoman Zoe Lofgren at 11:00 a.m., on February 21, 2007, at District Headquarters, 5700 Almaden Expressway, San Jose, California.