Tuesday, April 24, 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.                  PUBLIC HEARING - Preliminary Water Utility Enterprise Report on Groundwater Charges (Continued From April 16, 2007).  (Darin Taylor)

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.                  Plans and Specifications and Advertisement for Rinconada Water Treatment Plant Catch Basin at Reservoir Overflow Pipe, Project No. 93291099 (Los Gatos).  (Gary Kawaoka) (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.

 

5.                  San Luis Drainage Solution Concepts (Continued From April 10, 2007).       (Keith Whitman) (GP-3.1)

6.                  Discussion Regarding Concerns of a Five Versus Seven Member Board and Possibly Eliminating Election Run-Offs.  (Debra Cauble/Rick Callender) (GP-3.1)

7.                  Resolution Commemorating May 2007 as Watershed Awareness Month.         (Rick Callender) (GP-3.1)

8.                  Resolution Commemorating May 2007 as Water Awareness Month.               (Rick Callender) (GP-3.1)

9.                  Resolution Commemorating May 6-12, 2007 as National Drinking Water Awareness Week.  (Rick Callender) (GP-3.1)

10.              Resolution Commemorating May 19, 2007 as National River Cleanup Day.      (Rick Callender) (GP-3.1)

11.              2007 Board Planning Calendar.  (GP-4)

12.              Draft Minutes and Draft Agendas for Agricultural Water Advisory Committee, Coyote Flood Control and Watershed Advisory Committee, and Guadalupe/West Valley Flood Control and Watershed Advisory Committee.  (Rudy Medina) (GP-8)

13.              Environmental  Advisory Committee - Draft Minutes of March 19, 2007, Meeting and Draft Agenda for May 21, 2007, Meeting and Request to Board to Add Suggestions From Stream Protection, Restoration and Erosive Forces Workshop to 2007 EAC Work Plan and Establish an EAC Sub-Committee.  (Rudy Medina) (GP-8)

14.              Lower Peninsula Flood Control and Watershed Advisory Committee - Draft Minutes of February 21, 2007, Meeting and Draft Agenda for May 16, 2007, Meeting and Request to Board to Provide Report to All Watershed Advisory Committees Regarding FEMA's Project to Digitize Maps, Recertify Levees and Any Updates to Flood Plain.  (Rudy Medina) (GP-8)

15.              Uvas/Llagas Flood Control and Watershed Advisory Committee - Draft Minutes of February 26, 2007, Meeting and Draft Agenda for May 10, 2007, Meeting; and Approval of 2006 Committee Accomplishments Report and 2007 Committee Work Plan.  (Rudy Medina) (GP-8)

16.              2007 Nominations, Appointments and Reappointments to the Santa Clara Valley Water Commission and Various Flood Control and Watershed Advisory Committees and Resolution of Appreciation for Outgoing Member.            (Lauren Keller) (GP-9)

17.              San Francisquito Creek Joint Powers Authority (JPA) Agenda: Direction to Board's Representative to JPA Board; JPA Budget Scenarios for Fiscal Year 2007-2008; Explore Options to Accelerate Corps Project.  (Beau Goldie) (GP-9)

18.              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.

 

19.              State Legislation: SB 178 (Steinberg) Groundwater; SB 862 (Kuehl) Water Resources; SB 201 (Florez) Leafy Green Vegetables; SB 1029 (Ducheny) Water Quality Standards; and AB 1481 (De La Torre) Recycled Water.  (Rick Callender) (EL-9.11)

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.

 

20.              Draft Chief Executive Officer Interpretations of Board Ends Related to Vision Statements From Stewardship Plans for Guadalupe and West Valley Watershed Area.  (Ann Draper) (E-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.

 

21.              Information in Response to Board Request for Workshop on Residential Real Estate Relocations for General Knowledge Purposes - Response to BMR No.     R-06-0044.  (Frank Maitski) (EL-9.12)

22.              Agreement With California Urban Water Conservation Council for Administration of Grant-Funded Cooling Tower Conductivity Controller Rebate Program.     (Keith Whitman) (EL-5.7, E-2.1.8)

23.              Agreement Extension (A2911) With The Regents of University of California for Research on Tolerance of Redwood Trees Irrigated With Saline Water.        (Keith Whitman) (EL-5.7)

24.              Report of Bids Received and Award of Contract for Lower Guadalupe River Improvement Project and State Highway 237, U.S. Highway 101, and Airport Parkway, Contract No. C0530, Project No. 30154011 (San Jose).           (Katherine Oven) (EL-5.7.1)

25.              Master Property Pre-Acquisition Agreement With Northgate Environmental Management, Inc. to Conduct Hazardous Substance Liability Assessments.  (Dave Chesterman) (EL-5.7.2)

26.              Delegation of Authority to Chief Executive Officer to Finalize Exchange of Real Property Rights With Daryl and Rhonda Huff Affecting Their Property Located in City of Saratoga.  (Beau Goldie) (EL-5.9)

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

28.              Board Member Requests Responded to in CEO Bulletins for the Weeks of      April 6-12, and 13-19, 2007.

i.                     R-07-0014, Staff to Install District Name and Logo on Plaque at Willow Glen Way Bridge.  (Beau Goldie)

ii.                   R-07-0019, Staff to Provide Status of Environmental Impact Report Finding as They Relate to San Jose Flea Market Development and Identify Impacts to Water Supply and Flood Control issues if Project is Implemented.  (Marc Klemencic)

iii.                  R-07-0020, Provide Information on Chronology With Bollinger Road Bridge Project.  (Beau Goldie)

iv.                 R-07-0021, Identify Additional Source of Funds, Above Budget, for Adobe Creek Upper Reach 5 Project.  (Beau Goldie)

v.                   R-07-0059, Staff to Provide an Update on Almaden Campus Project, Including new Building Solar Project Issues.  (Frank Maitski)

VIII.     NEW BOARD MEMBER REQUESTS.

29.              CEO Review and Clarification of Requests.

IX.       CLOSED SESSION:

30.              CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9(a): (Allen vs. SCVWD) (Case No.                C-06-05951)

31.              CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.  Initiation of Litigation Pursuant to Government Code Section 54956.9(c):          one case.

X.        ADJOURN:

32.              Adjourn to Special Meeting at 7:00 p.m., on April 26, 2007, at Hillview Community Center, 97 Hillview Ave., Los Altos, California.