Tuesday, March 13, 2007

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. Approval of Letter to San Jose Mayor Chuck Reed Transmitting Staff Comments on Coyote Valley Specific Plan Water Supply Evaluation. (Melanie Richardson) (GP-3.1)

10:15 a.m.

4. Status Report on Cooperative Efforts Between City of San Jose and District on Water Supply and Watershed Partnerships. (Melanie Richardson) (GP-3.1)

i. Direction on Conservation Plan.

ii. Reimbursement for Recycled Water to South Bay Water Recycling.

iii. Joint City of San Jose and District Work Study Session on Flood Management in Fall 2007.

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. Claim of Sunnyvale Meadows Homeowners Association. (Dave Cahen) (EL-7.4)

6. Adobe Creek Upper Reach 5 Restoration Project, Draft Engineer's Report and Supplemental Environmental Impact Report (SEIR). (Katherine Oven) (EL-9.9)

i. Resolution Specifying Intention to Undertake Work of Improvement and Setting Time and Place of Public Hearing on Draft Engineer's Report and SEIR.

7. Almaden Campus Water Quality Laboratory Project, Third Addendum to the Final Initial Study/Mitigated Negative Declaration. (Gary Kawaoka) (EL-9.9)

i. Resolution Adopting Third Addendum to Final Initial Study/Mitigated Negative Declaration for District Headquarters Facility Master Plan and Revised Mitigation Monitoring and Reporting Program for New Water Quality Laboratory Project.

8. Plans and Specifications and Advertisement for Bids for Upper Guadalupe River Reach 6 Demolition of 25 Structures (San Jose). (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.

9. Approval of Minutes: February 27, 2007. (GP-2.4)

10. Review of January 30, 2007, Board Work Study Discussion Items, Draft 2007 Board Planning Calendar, Draft Revisions to Board Governance Policies GP-4: Agenda Planning and GP-8: Board Committees, and Review of Resolutions Pertaining to Santa Clara Valley Water Commission, Environmental Advisory Committee, Agricultural Water Advisory Committee, Landscape Advisory Committee, and Flood Control and Watershed Advisory Committees. (Rudy Medina) (GP-2, -4.2, -5.1.1)

11. Summary of Stream Restoration and Erosive Forces Workshop, January 31, 2007. (Dave Chesterman) (GP-3.1)

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

13. Landscape Advisory Committee - Draft Minutes of January 11, 2007, Meeting, Draft Agenda for April 12, 2007, Meeting, and Consideration of Committee Requests. (Rudy Medina) (GP-8)

14. Santa Clara Valley Water Commission - Draft Minutes of February 28, 2007, Meeting, Draft Agenda for March 28, 2007, Meeting, and Consideration of Commission Requests. (Rudy Medina) (GP-8)

15. 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.

16. Review of Fiscal Year 2007, Quarter 2, Total Organizational Performance/CEO Work Plan. (Peter Ng) (BL-1, -3.3, -5.4, EL-9.1)

17. Review of Fiscal Year 2007, Quarter 2, Executive Limitations Monitoring Reports. (Peter Ng) (BL-1, -3.3, -5.4, EL-9.1)

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.

18. Fiscal Year 2006-2007 Budget Adjustments. (Ann Draper/Marc Klemencic) (EL-5.3)

i. Revise Allocation Percentage for Project 00042031 Comprehensive Water Resources Management Plan.

ii. Appropriate HAZMAT Funding from Clean, Safe Creeks and Natural Flood Protection Fund.

19. Sole Source Purchase From Smith-Root, Inc., of Generator Powered Pulsator Electrofishing Unit. (Marc Klemencic) (El-5.7.3)

20. Federal Appropriations Request for Federal Fiscal Year 2008. (Rick Callender) (EL-9.11)

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

22. Discussion on San Luis Unit Drainage Solution Concept. (Keith Whitman) (EL-9.2)

23. Discussion of Benefits of Branding. (Rick Callender) (EL-9.2)

24. Board Member Requests Responded to in CEO Bulletins for the Weeks of February 23-March 1, and March 2-8, 2007.

i. R-06-0447, Staff to Provide Update on Possible Land Acquisition in South County for Future Treatment Plant. (Ray Yep)

ii. R-07-0007, Staff to Come Back With Information on Whether Possible Future Division of Safety of Dams Seismic Safety Suggestions Mentioned in FAHCE Agreement Update (Including its HCP Component) Will Impact Lenihan Dam Outlet Modification Project. (Ray Yep)

iii. R-07-0010, Staff to Come Back With More Information on Effects of Selenium on Mercury Levels. (Ray Yep)

iv. R-07-0015, Staff to Provide Status on District Grant Programs. (Ann Draper)

v. R-07-0020, Staff to Bring Water Efficient Demonstration Garden Design Plans to Landscape Advisory Committee Upon Thirty Percent Completion. (Keith Whitman)

vi. R-07-0021, Staff to Investigate Recommendation by Landscape Advisory Committee Relative to Determining if Opportunity Exists for District to Establish Native Plant Nursery Using Volunteers and Cost Saving for Future Revegetation or Mitigation Projects. (Marc Klemencic)

vii. R-07-0022, Staff to Come Back With Overview of Alternatives for Addressing Concerns Related to Five Versus Seven-Member Board and Eliminating Election Run-Offs. (Rick Callender/Debbie Cauble)

viii. R-07-0024, Staff to Agendize Work Study on Stormwater Management Policy Prior to Joint Meeting With City of San Jose, Reagendize Discussion With City and Take to Committees for Input After City Meeting. (Dave Chesterman)

ix. R-07-0025, Staff to Revise Flood Control Watershed and Advisory Committee Charters to State that Members Stay on Committee When Term Expires Until Elected Term Ends or They are Reappointed or Replaced. (Lauren Keller)

x. R-07-0026, Staff to Agendize Policy Discussions on Sponsorships and Memberships. (Rick Callender)

xi. R-07-0028, Staff to Agendize Policy Discussion on Water Storage, Including Relationship Between Water Storage and Reliability, Strategic Outreach on Bay Delta and Local and Statewide Storage and Conveyance Issues, and Information on Existing Inter-tie Facilities and Whether Opportunities Exist to Build Additional Small Reservoirs. Invite Environmental Advisory to Attend. (Keith Whitman)

xii. R-07-0031, Staff to Establish an Annual Process for Evaluating District Sponsorships and Memberships and Terminating Them When a Relationship to Priorities No Longer Exists. (Rick Callender)

xiii. R-07-0039, Staff to Provide Copies of Water Supply Assessment Reports Submitted by City of San Jose's Municipal Water System, Great Oaks Water Company, and San Jose Water Company. (Melanie Richardson)

xiv. R-07-0043, Staff to Investigate Whether District Qualifies for Internal Revenue Services Rebates for Federal Excise Taxes on Telephones. (Sharon Judkins)

xv. R-07-0049, Staff to Assure that Future Comprehensive Annual Financial Report Summaries are More Descriptive and Give More Information on Audit's Purpose and Accomplishments. (Sharon Judkins)

VIII. NEW BOARD MEMBER REQUESTS.

25. CEO Review and Clarification of Requests.

IX. CLOSED SESSION:

26. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957: Title: Chief Executive Officer.

X. ADJOURN:

27. Adjourn to Regular Meeting at 9:30 a.m., on April 10, 2007, at District Headquarters, 5700 Almaden Expressway, San Jose, California.