HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA 95118

Tuesday, July 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.

12:00 p.m.

3. Ceremonial Signing of Project Cooperation Agreement with U.S. Army Corps of Engineers for Construction of Flood Protection Improvements on Upper Guadalupe River, Union Pacific Railroad to Blossom Hill Road, Project No. 26154003. (Rick Callender) (EL-5.7.1)

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.

4. Penitencia Water Treatment Plant - Standby Power System Project Engineer's Report and Subsequent Mitigated Negative Declaration, Project No. 93234033 (San Jose). (Ray Yep) (EL-9.9)

i. Resolution Specifying Intention to Consider Undertaking Work of Improvement Within the Water Utility Enterprise and Providing for Notice of Time and Place of Public Hearing.

Recommendations:

a. Authorize Circulation of Engineer's Report.

b. Adopt the Resolution.

5. Notice of Completion of Contract and Acceptance of Work for Dam Instrumentation Project - Phase 1A, Piezometer and Inclinometer Installation at Almaden, Anderson, Calero and Guadalupe Dams, Jensen Drilling Company, Contractor, Contract No. C0522, Project No. 91084010. (Gary Kawaoka) (EL-9.9)

Recommendations:

a. Accept the Work.

b. Direct Clerk of the Board to File Notice of Completion With the Santa Clara County Clerk-Recorder.

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.

6. Approval of Minutes: May 22, 2007, Regular Meeting; and June 6, 2007, Special Meeting. (GP-2.4)

Recommendation:

Approve the Minutes as Presented.

7. 2007 Board Planning Calendar. (GP-2.4)

Recommendation:

Discuss the 2007 Planning Calendar.

8. Review of Letters of Interest for District 5 Board of Directors' Vacant Seat and Selection of Candidates for Interviews. (Lauren Keller) (GP-3.1)

Recommendations:

a. Review Letters of Interest.

b. Select Eligible Candidates for Interviews.

c. Review Interview Documents Used During Prior Process and Make Modifications if Needed.

9. Proposed Resolutions Pertaining to Flood Control and Watershed Advisory Committees and Repeal of Resolution 06-68, and the Santa Clara Valley Water Commission and Repeal of Resolution 06-67 in Response to Board Member Request R-07-0025. (Rudy Medina) (GP-8)

i. Resolution Providing for and Defining the Role of Flood Control and Watershed Advisory Committees of the Santa Clara Valley Water District and Repealing Resolution 06-68

ii. Resolution Providing for and Defining the Role of the Water Commission Advisory to the Santa Clara Valley Water District and Repealing Resolution 06-67.

Recommendation:

Adopt the Resolutions.

10. 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.

None.

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.

11. Report of Bids Received and Award of Contract for Pajaro Basin Freshwater Wetland Project, Contract No. C0535, Project No. 62754001. (Katherine Oven) (EL-5.7.1)

Recommendations:

a. Ratify Addendum No. 1.

b. Award the Contract to RGW Construction, Inc., Livermore.

c. Authorize CEO to Approve Change Orders up to Cumulative Total of $134,000.

12. Upper Guadalupe River, Union Pacific Railroad to Blossom Hill Road, Project Cooperation Agreement With U.S. Army Corps of Engineers for Construction of Flood Protection Improvements, Project No. 26154003 (Katherine Oven) (EL-5.7.1)

Recommendation:

Authorize the Chair to Execute and Sign the Revised Agreement.

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

14. Board Member Requests Responded to in CEO Bulletins for the Weeks of July 6-12 and July 13-19, 2007. (EL-9.12)

a. R-07-0094, Staff to Identify Options for Reducing Cost of Sediment Disposal, Including Option of Owning Our Own Site. (Jim Fiedler)

b. R-07-0100, Staff to add to Total Organization Performance/CEO Work Plan, Campus and Space Planning, and Develop Proposed Performance Measures. (Frank Maitski)

c. R-07-0101, Staff to Get Clarification on What San Jose Planning Director Said at a Meeting, Relative to Coyote Valley Specific Plan, About "No Additional Requests for Additional Imported Water". (Melanie Richardson)

VIII. NEW BOARD MEMBER REQUESTS.

15. CEO Review and Clarification of Requests.

IX. CLOSED SESSION:

16. CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE TO LITIGATION - Pursuant to Government Code Section 54956.9(b) 1 matter - Sunnyvale Channel Drilling Incident.

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

X. ADJOURN:

18. Adjourn to Special Meeting at 9:30 a.m., on July 31, 2007, at District Headquarters, 5700 Almaden Expressway, San Jose, California.