Tuesday, April 10, 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.

9:40 a.m.

3. Public Hearing - Water Utility Enterprise Report on Groundwater Charges. (Darin Taylor) (EL-4)

10:30 a.m.

4. Resolution Adopting Santa Clara Valley Water District Annex to Association of Bay Area Governments Multi-Jurisdictional Local Hazard Mitigation Plan for Bay Area. (Sharon Judkins) (E-2.1, -2.2)

11:00 a.m.

5. Public Hearing - Preliminary Pajaro Basin Freshwater Wetland Project Final Engineer's Report. (Katherine Oven) (E-3.1)

i. Resolution Adopting Final Engineer's Report.

ii. Resolution Adopting Final Mitigated Negative Declaration.

11:30 a.m.

6. Summary of Stream Restoration and Erosive Forces Workshop, January 31, 2007 (Continued From March 13, 2007). (Dave Chesterman) (GP-3.1)

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.

7. Approval of Minutes: March 13, 2007. (GP-2.4)

8. 2007 Board Planning Calendar. (GP-4)

9. Claim of Maria Nava. (Dave Cahen) (EL-7.4)

10. Notice of Completion of Contract and Acceptance of Work for Coyote Parkway Freshwater Wetland Project (Construction and Plant Installation Phase), William P. Young, Inc., Contractor, Contract No. C0524, Project No. 62184002. (Katherine Oven) (EL-9.9)

11. Resolution Authorizing Employer-Paid Member Contributions to California Public Employees Retirement System. (Jose Peralez) (EL-9.9)

12. Board Member Reports.

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.

13. Independent Monitoring Committee - Draft Minutes of November 2, 2006, Meeting, and Draft Agenda for May 3, 2007, Meeting. (Rudy Medina) (GP-8)

14. Resolution Commemorating April 22, 2007 as Earth Day. (Rick Callender) (GP-3.1)

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.

15. Review of Fiscal Year 2007, Quarter 2, Total Organizational Performance/CEO Work Plan (Continued From March 13, 2007). (Peter Ng) (BL-1, -3.3, -5.4, EL-9.1)

16. 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.

17. Work-Study Session Regarding Storm Water Management Policy. (Dave Chesterman/Ann Draper) (E-2)

18. District Trail and Enhancement Grant Funding - Response to BMR No. R-07-0004. (Ann Draper) (E-3.3, -3.3.1, -3.2.1)

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. Fiscal Year 2006-2007 Budget Adjustment for West Valley Watershed Sediment Removal Over Expenditure and Stream Maintenance Program Accomplishment. (Jim Fiedler) (EL-5, E-2.2)

20. Budget Adjustment for Sunnyvale East Channel and Sunnyvale West Channel Flood Protection - Planning Project No. 26074002. (Katherine Oven) (EL-5.3)

21. Budget Adjustment for Lower Silver Creek Reach 4, Project No. 40264007 (San Jose). (Katherine Oven) (EL-5.3)

22. Contract Change Order No. 1 for Lower Silver Creek, Reach 3, Phase 3, Construction Claim Resolution, and Notice of Completion, Contract No. C0517, Project No. 40264001 (San Jose). (Katherine Oven) (EL-5.7)

i. Budget Adjustment.

23. Consultant Agreement With GEI Consultants for Anderson Dam Federal Energy Regulatory Commission Dam Safety Performance Review. (Ray Yep) (EL-5.7.2)

24. Sole Source Fixed Asset Purchase: Pond Aerators to Reduce Methyl Mercury Production in Almaden Reservoir. (Ann Draper) (EL-5.7.3)

25. Quitclaim of Easements on Eighteen Parcels to Property Owners on Previously Proposed Matilija Storm Drain and Tributaries to San Tomas Aquino Creek in West Valley Watershed. Parcel Nos. 2001-1.01 through -1.03, 2019-71.02, -72.01, 72.02, 72.06, 3017-3.01 and 3.02 and Parcel Nos. 2019-71.01, 72.03, 72.04, 72.05, 72.07, 72.09, 3017-3.03, 3.04 and 2019-72.08 (Unincorporated Area). (Beau Goldie) (EL-5.9)

i. Resolution Authorizing Conveyance of Interests in Real Property.

26. Support for Federal Appropriation for American Water Works Association Research Foundation. (R. Callender) (EL-9.11)

27. State Legislation: AB 662 (Ruskin) Water Conservation; AB 862 (Wolk) Public Resources Information; AB 909 (Wolk) Mercury Remediation; AB 1260 (Caballero) Local Government Taxes and Fees; AB 1406 (Huffman) Recycled Water; and SB 966 (Simitian) Pharmaceutical Drug Disposal. (R. Callender) (EL-9.11)

28. Define Scope of Workshop on Policy Discussion on Water Storage and Conveyance - Response to BMR No. R-07-0028. (Keith Whitman) (EL-9.12)

29. Discussion on San Luis Unit Drainage Solution Concept (Continued From March 13, 2007). (Keith Whitman) (EL-9.2)

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

31. Board Member Requests Responded to in CEO Bulletins for the Weeks of March 9-15, 16-22, 23-29, and March 30-April 5.

i. R-06-0420, Staff to Provide Board With Total Cost District Spent on Mammoth Bones. (Dave Chesterman)

ii. R-07-0004, Discussion on Whether to Continue Trails Grant Program or Investigate Shifting Excess Measure B Funds Since Measure B Goals Reached. (Ann Draper)

iii. R-07-0010, More Information on Effects of Selenium on Mercury Levels. (Ray Yep)

iv. R-07-0012, Prepare Chemeketa Park Issues to Discuss at January 30, 2007, SCCO Board of Supervisors Meeting. (Ray Yep)

v. R-07-0014, Investigate Participation in Collaborative Process on Non-Industrial Timber Management Plan, Level of Participation and Areas of District Interest. (Chris Elias)

vi. R-07-0018, Review and Comments on San Luis Delta-Mendota Water Authority's Draft 2008 Budget. (Melanie Richardson)

vii. R-07-0019, Agendize for Discussion District's Water Shortage Contingency Plan During Landscape Advisory Committee's April 12th Regular Meeting. (Melanie Richardson)

viii. R-07-0023, Staff to Agendize and Invite the Public to Attend Work Study Session on Global Climate Change Impacts to South San Francisco Bay High-Tide Levels. Include Discussions on Saltwater Intrusion, Convergence of Downstream Storm Flows, Role of Floodwalls During Tidal Flooding, if Reserves Sufficient to Deal With Catastrophy, and Discussion Oppoortunities with South Bay Shoreline Possible.

ix. R-07-0029, Revisions to Governance Process GP-4 to Specify Conclusion of Board's Annual ends Policy Review in January and to Develop its Calendar for the Year. (Rudy Medina)

x. R-07-0032, Revise Language to Simplify Board Governance Policies GP-8.2 and GP-8.4. (Rudy Medina)

xi. R-07-0033, Staff to Initiate Process and Implement Board Schedule Changes to Review Performance Annually at Calendar Year End. (Rudy Medina)

xii. R-07-0034, Feedback From FCWAC's on Water Supply, Flood Prevention, Emergency Preparedness Priority Issues During Their February 2007, Meetings. (Marc Klemencic)

xiii. R-07-0035, Staff to Advise FCWACs That Their Future Work Plans Will Not Be Developed Until After Board has Discussed Strategic Challenges and Establish Priorities. (Rudy Medina)

xiv. R-07-0037, List of Items to be Scheduled as Result of March 30, 2007, Strategic Challenges Work Study Session Brought to 2/27/07 Board Meeting. (Rudy Medina)

xv. R-07-0038, Staff to Disseminate Public Information on Board Process to Review Rates, Services and Establish Budget Priorities. (Walt Wadlow)

xvi. R-7-0040, Overview of Water Supply Issues Associated With North First Street Development. (Melanie Richardson)

xvii. R-07-0045, Staff to Come Back During Budget Discussions With Information on Long-Term Global Warming Impacts to Future Water Supply and Flood Control Planning. (Keith Whitman)

xviii. R-07-0046, Suggestions for Recognizing April as Environmental Awareness Month. (Rudy Medina)

xix. R-07-0051, Staff to Develop Districtwide Process to Notify City or County Elected Officials or Agency Representatives by Letter When Jointly Funded Projects are Approved. (Dave Chesterman)

xx. R-07-0052, Staff to Send Letter to City of Santa Clara Regarding Construction Costs and Cost-Share Agreement for Sewer System Relocation and Upgrades. (Dave Chesterman)

xxi. R-07-0053, Staff to Provide Uvas/Llagas FCWAC a One-Page Directory of District Services and Phone Numbers. (Rudy Medina)

xxii. R-07-0055, Information Regarding Water Utilities Division Operational Council on Excellence Recognition Event at Rinconada Water Treatment Plant. (Ray Yep)

VIII. NEW BOARD MEMBER REQUESTS.

32. CEO Review and Clarification of Requests.

IX. CLOSED SESSION:

33. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of Litigation pursuant to Government Code Section 54956.9(c): Two Cases.

X. ADJOURN:

34. Adjourn to Special Meeting at 7:00 p.m., on April 16, 2007, at Morgan Hill Community and Cultural Center, 17000 Monterey Road, Morgan, Hill, California.