special board meeting

 

HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Thursday, June 28, 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.                  Resolution Authorizing Chief Executive Officer (CEO) to Submit Application to California Department of Boating and Waterways Grant for Removal of Abandoned Vessels and Navigational Hazards in Alviso Slough, Fiscal Year 2008-2009.  (Jim Fiedler) (EL-7, E-4.2)

Recommendation:

Adopt the Resolution.

11:00 a.m.

4.                  Santa Clara Valley Water District Branding Initiative.  (Susan Siravo) (GP-3.1)

Recommendation:

Accept Update.

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.                  Resolutions Authorizing Execution and Delivery of Taxable and Tax-Exempt Tax and Revenue Anticipation Notes to Support a Taxable and Tax-Exempt Commercial Paper Program for Fiscal Year 2007-2008.  (Peter Ng) (EL-5.2)

Recommendations:

a.         Adopt Resolution Authorizing Execution and Delivery of Tax-Exempt Tax and Revenue Anticipation Note to Support the Existing Santa Clara Valley Water District Tax-Exempt Commercial Paper Program.

b.         Adopt Resolution Authorizing Execution and Delivery of A Taxable Tax and Revenue Anticipation Note to Support Existing Santa Clara Valley Water District Taxable Commercial Paper Program.

6.                  Plans and Specifications and Advertisement for Heney Creek Pipe Replacement Project No. 62761002 (Los Altos).  (Beau Goldie)  (EL-9.9)

Recommendations:

a.         Approve Project Plans and Specifications and Advertisement.

b.         Authorize CEO or His Designee to Issue Addendums to Contract Documents During Bidding.

c.         Continue the Item to August 14, 2007, to Award the Contract.

7.                  Budget Adjustment to Appropriate City of San Jose Funds for Construction of Airport Parkway Undercrossing (San Jose).  (Katherine Oven) (EL-9.9)

Recommendation:

Approve Proposed Budget Adjustment.

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.

 

8.                  Approval of Minutes:  May 8, Regular Meeting, and May 15, 2007, Special Meeting.  (GP-2.4)

Recommendation:

Approve as Presented.

9.                  Approval of Letter to San Jose Mayor Chuck Reed Regarding the Coyote Valley Specific Plan Draft Environmental Impact Report and Response to Board Member Request R-07-0097.  (Melanie Richardson/Marc Klemencic)  (GP-3.1, BL-4.3, EL-9)

Recommendation:

Authorize the Chair to Sign Letter.

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

Recommendation:

Consider and Make Necessary Revisions.

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

Recommendations:

a.         Note the Draft Minutes.

b.         Endorse the Draft Agenda.

12.              Environmental Advisory Committee - Draft Minutes of May 21, 2007, Meeting and Draft Agenda for July 16, 2007, Meeting and Consideration of Committee Recommendation That Ends Policies be Adopted From Recommendations of Subcommittee on Erosive Forces and Stream Restoration Workshop.  (Rudy Medina) (GP-8)

Recommendations:

a.         Note the Draft Minutes.

b.         Endorse the Draft Agenda.

c.         Consider Committee Recommendation that the Board Adopt Ends Policies Addressing Items 1-3, on Page 1 and Items 1-5 on Page 2 of the Summary Report From the Subcommittee on Erosive Forces and Stream Restoration (Attachment 1); With Suggested Changes and Wordings by Committee Members, Including "Recreational Provisions;" in Addition, the Committee Chooses to Defer "Programmatic Recommendations" at This Time.

13.              Alternative Retirement Plan for Board of Directors, and Sole Source Award With Public Agency Retirement Systems (PARS).  (Jose Peralez) (GP-10.2)

Recommendations:

a.         Review and Discuss Plan Options and Consider Approval and Implementation of Alternative Retirement Plan for Directors Not Eligible for California Public Employees Retirement System.

b.         Approve Sole Source Award With PARS.

c.         Authorize CEO to Negotiate and Execute Final Agreement.

14.              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.

 

15.              Annual Monitoring Report for Executive Limitations Policy EL-4, Financial Planning/Budgeting.  (Peter Ng) (BL-5)

Recommendation:

Accept the Report.

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.

 

16.              Fiscal Year 2007-2008 Operating and Capital Budget and Ad Valorem Real Property Taxes.  (Peter Ng) (EL-4)

Recommendations:

a.         Adopt Resolution  Approving and Adopting Santa Clara Valley Water District Operating and Capital Budget for Fiscal Year 2007-2008.

b.         Adopt Resolution Providing for Levy of Ad Valorem Real Property Taxes in Fiscal Year 2007-2008 to Meet Part of Contract Cost of Water Importation From State of California.

17.              Resolution Establishing Appropriation Limit for Fiscal Year 2007-2008.

Recommendation:

Adopt the Resolution.

18.              Cost-Sharing Agreement With City of San Jose for Operation of Water Conservation Programs for Fiscal Year 2007-2008.  (Keith Whitman) (EL-5.7)

Recommendation:

Authorize CEO to Execute Cost-Sharing Agreement.

19.              Consultant Agreement With RMC Water and Environment for Water Infrastructure Reliability Project - Development Phase.  (Sandy Oblonsky)      (EL-5.7)

Recommendation:

Authorize CEO to Negotiate and Execute Consultant Agreement.

20.              Consultant Agreement With ArcSine Engineering to Perform Arc Flash Engineering Analysis for All Major Santa Clara Valley Water District Facilities.  (Ray Yep/Jose Peralez)  (EL-5.7.2, -3.4)

Recommendation:

Authorize CEO to Execute Consultant Agreement and Approve Optional Tasks.

21.              Consultant Services Agreement With Moore Iacofano Goltsman, Inc., for Completing the District's Comprehensive Water Resources Management Plan and Developing Tools to Build External Partnerships.  (Ann Draper) (EL-5.7.2,   E-1, -4)

Recommendation:

Authorize CEO to Execute Consultant Agreement.

22.              Consultant Agreement With San Francisco Bay Bird Observatory for Mitigation Monitoring of Birds on Coyote Creek, Reach 3, Coyote Creek Mitigation and Monitoring, Project No. 00742032.  (Marc Klemencic) (EL-5.7.2)

Recommendation:

Authorize CEO to Execute Consultant Agreement.

23.              Sole Source Fixed Asset Purchase: Solar-Powered Circulators to Reduce Methyl Mercury Production in Guadalupe Reservoir; Surface Water Quality Improvement Program, Project No. 26752043.  (Ann Draper) (EL-5.7.3)

Recommendation:

Approve Sole Source Purchase.

24.              Amendment and Two-Year Renewal to Agreement With Comcate, Inc., to Provide District-Wide Use of Customer Service and Request Tracking Software.  (Beau Goldie) (EL-5.7.3)

Recommendation:

Authorize CEO to Amend Existing Agreement With Comcate, Inc., and Renew Agreement for Two Years.

25.              Resolution Delegating Authority to Treasurer, or His or Her Designee, to Deposit and Invest Funds.  (Peter Ng) (EL-7.7)

Recommendation:

Adopt the Resolution.

26.              Support for Passage of Comprehensive Water Package as Part of Governor's Strategic Growth Plan.  (Rick Callender) (EL-9.11)

Recommendations:

a.         Adopt Position of Support.

b.         Authorize Chair to Sign Proposed Letter.

27.              State Legislation: AB 1066 (Laird) Coastal Resources: Local Coastal Planning; AB 1077 (Lieber) State Air Resources Board: Plug-In Hybrid Electric Vehicles; AB 1109 (Huffman) Energy Resources: Lighting Efficiency: Hazardous Waste; AB 1338 (Huffman) Public Resources: Local Coastal Programs: Nonpoint Source Pollution; and SCA 12 (Torlakson): Local Government: Property-Related Fees.  (Rick Callendar) (EL-9.11)

Recommendation:

Adopt Position of Support on AB 1066 (Laird),  AB 1077 (Lieber), AB 1109 (Huffman), and AB 1338 (Huffman); and Support and Amend on SCA 12 (Torlakson).

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

29.              Board Member Requests Responded to in CEO Bulletin for the Weeks of June 8-14, and 15-22, 2007.

a.                  R-07-0038, Staff to Disseminate Public Information, Such as an Educational Article or an Opinion or Editorial Letter, on Board 's Current Process to Review and Arrive at Rates and Services and Establish Budget Priorities.  This Should Include Outreach on Water Costs and Value as Well as the Process Used to Arrive at Rates. (Walt Wadlow)

b.                  R-07-0048, Staff to Send Signed Copies of District History Book to State and San Francisco Bay Area Regional Water Quality Control Boards.  (Rudy Medina)

c.                  R-07-0054, Staff to Bring Back to Board During Upcoming Advisory Committee Work/Study Session, Suggestions for Streamlining Agenda Setting Processes for Board Advisory Committees That Accommodate Committee Members and Public Input at Meetings.  (Rudy Medina)

d.                  R-07-0056, Staff to Come Back during Upcoming Advisory Committee Work/Study Session, With Discussion on Whether it is Necessary to List Advisory Committee Recommendations on Board Agenda in Order for Board to Take Action on Them. (Rudy Medina)

e.                  R-07-0083, Staff to Explain Methodology of Stopping Lower Guadalupe Vegetation Removal at Highway 237 and Trail at Gold Street Bridge.  (Katherine Oven)

f.                    R-07-0092, Staff to Come Back With Information on the Means, Costs, and Timelines Associated with Alternative 3, Page 3, Agenda Item 6, From the May 22, 2007 Board Meeting, Relative to Having a Five Versus Seven Member Board of Directors.  (Julia Maclay)

g.                  R-07-0096, Staff to Provide More Information to Board About Potential Impacts of Decline in Delta Smelt Populations and Potential Impacts to District Water Supply Plans. (Melanie Richardson)

VIII.     NEW BOARD MEMBER REQUESTS.

30.              CEO Review and Clarification of Requests.

IX.       CLOSED SESSION:

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