HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, August 14, 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.                  Appearance of California Association of Equal Rights Professionals to Present Organizational Support Award.  (Gustavo De La Torre) (EL-10.2, E-4.2)

Recommendation:

Accept the Award.

9:45 a.m.

4.                  Lenihan Dam Outlet Modifications Project No. 91904005, Los Gatos - Report of Bids Received, Designated Engineer's Final Decision on Bid Protest, and Award of Contract, Contract No. C0528 (Continued From July 10, 2007).                     (Dave Chesterman) (EL-9.9)

i.          Budget Adjustment.

Recommendations:

a.         Ratify Addendums No. 1 and No. 2 to Plans and Specifications.

b.         Award $39,173,160. Contract to FCI Constructors, Inc., Benicia, CA.

c.         Authorize CEO to Approve Change Orders up to Cumulative Total of $5.8 Million.

d.         Approve Budget Adjustment for $2.4 Million.

10:00 a.m.

5.                  Request for Exemption of Groundwater Charge Zone W-5 and Response to Board Member Request R-06-0091 (Continued From July 10, 2007).              (Walt Wadlow) (EL-9.9)

Recommendations:

a.         Approval to Retain Flores Parcel, APN 779-24-005, in Groundwater Charge Zone W-5.

b.         Direct Staff to Either Reevaluate Parcel Designations That Resulted Under Criteria Used Prior to 1989 or Retain Existing Parcel Designations.

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.

 

6.                  San Francisquito Creek Joint Powers Authority Budget for Fiscal Year 2007-2008.  (Beau Goldie) (EL-9.9)

Recommendation:

Approve the Budget.

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.

 

7.                  Approval of Minutes:  June 8, 2007, Special Meeting; and June 12, 2007, Regular Meeting.  (GP-2.4)

Recommendation:

Approve Minutes as Presented.

8.                  2007 Board Planning Calendar.   (GP-2.4)

Recommendation:

Discuss the Planning Calendar.

9.                  Participation in California Public Water Education Program.  (Keith Whitman) (GP-3.1)

i.          Budget Adjustment.

Recommendations:

a.         Board Approval.

b.         Approve Budget Adjustment.

10.              Review of District 5 External Committee Appointments (Contnued From July 10, 2007).  (Lauren Keller)  (GP-9)

Recommendation:

Review and Consider Assignment to Other Board Members.

11.              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.

 

12.              Review of Governance Policies (Continued From July 30, 2007).  (Rudy Medina)  (BL-4, GP-2.5, GP-3)

Recommendation:

Review Governance Policies for Possible Improvement.

13.              Governance Policy Structure and Policy Language for Board-Organization Linkage and Executive Limitation Addressing Unclassified Appointments.     (Rudy Medina) (BL- 1, GP-3)

Recommendation:

Consider Adoption of Policy Changes.

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.

 

14.              Agreement With Vavrinek, Trine, Day & Co., LLP for Independent Financial Auditing Services for Fiscal Years 2006-2007, 2007-2008, and 2008-2009.  (Sharon Judkins) (EL-5.7, BL-5.4)

Recommendation:

Approve the Agreement.

15.              Sole Source Service Agreement With Supertek, Inc., for Enhancement of Budget Tool System and Three-Year Maintenance Contract.  (Peter Ng) (EL-5.7)

i.          Budget Adjustment.

Recommendations:

a.         Authorize the Chair to Approve the Agreement and the Maintenance Contract, Not to Exceed $207,500.

b.         Approve $32,000 Budget Adjustment Due to Refined Cost Estimate for Enhancements.

16.              State Legislation:  SB 619 (Midgen) Public Contracts:  Retention Proceeds.  (Rick Callender)  (EL-9.11)

Recommendation:

Adopt a position of "Oppose".

17.              Discussion of Legislative Options for Changing the Number of District Board Members and Eliminating Run-Off Elections (Continued From May 22, 2007).  (Rick Callender) (EL-9.11)

Recommendation:

Discuss Additional Information Provided.

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

19.              Board Member Requests Responded to in CEO Bulletins for the Weeks of July 20-26, July 27-August 2, and August 3-9, 2007.  (EL-9.12)

a.         R-07-0087, Staff to Provide List of Projects Slated to be Done Under Benefit Assessments and Their Status, Also Show Funds Raised but not Spent. (Peter Ng)

b.         R-07-0099, Staff to Provide Written Responses to Previous Budget Work Study, During Week of June 18, 2007.  (Peter Ng)

c.         R-07-0103, Staff to Track Consistent use of Consultants for Certain Areas and Consider Bringing Skills Training Internally.  (Gustavo De La Torre)

VIII.     NEW BOARD MEMBER REQUESTS.

20.              CEO Review and Clarification of Requests.

IX.       CLOSED SESSION:

21.              PUBLIC EMPLOYEE EMPLOYMENT - Pursuant to Government Code Section 54957 - Title:  District Counsel.

X.        ADJOURN:

22.              Adjourn to Regular Meeting at 9:30 a.m., on August 28, 2007, at District Headquarters, 5700 Almaden Expressway, San Jose, California.