HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, September 25, 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.

10:30 a.m.

3.                  Development of Long-Term Cooperative Agreement With City of San Jose for South Bay Water Recycling Program (Continued From September 11, 2007).  (Keith Whitman) (EL-5)

Recommendation:     That the Board adopt the principles described in Attachment 1, Pages 4-8; direct staff to develop the agreement; and authorize the GM to negotiate and execute the agreement.

 

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 General Manager (GM), but which law or contract requires to be decided by the Board (EL-9.9), and GM 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.                  Notice of Completion of Contract and Acceptance of Work for Lower Silver Creek, Reaches 1 and 2, Channel Improvement Project, Shimmick Construction Co., Inc., Contractor, Contract No. C0489, Project No. 40264003.                 (Katherine Oven) (EL-9.9)

Recommendations:   That the Board accept the work and direct the Clerk of the Board to file the 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.

 

5.                  2007 Board Planning Calendar.  (GP-2.4)

Recommendation:      That the Board discuss the Planning Calendar.

6.                  Approval of Minutes:  July 10 and 24, 2007, Regular Meetings; and July 30, 2007, Special Meeting.  (GP-2.4)

Recommendation:      That the board approve the minutes as presented.

7.                  Resolution of Appreciation for Retiring Regional Director Kirk Rodgers of United States Department of Interior, Bureau of Reclamation, Mid-Pacific Region.   (Keith Whitman) (GP-3.1)

Recommendation:      That the Board adopt the resolution.

8.                  Resolution of Appreciation to District Staff for Providing Support to Cal Fire for August, 2007, Fire Near Stevens Creek Reservoir.  (Rudy Medina) (GP-3.1)

Recommendation:      That the Board adopt the resolution.

9.                  Resolution Promoting the Economic and Environmental Benefits of Tap Water Over Bottled Water and Prohibiting Purchase of Single-Serving Bottled Water Using District Funds.  (Susan Siravo) (Gp-3.1, E-2.1, E-4)

Recommendation:     That the Board adopt the resolution and authorize the Vice Chairperson to sign the proposed letters.

 

V.        BOARD - BAO LINKAGE:

Items listed in this section are considered by the Board to be related to delegation of authority to a Board Appointed Officer 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 GM 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 GM and require Board consideration and/or action.

 

10.              Cost-Sharing Revenue Agreement With City of Palo Alto for Administration of Water Conservation Programs, Fiscal Year 2007-08.  (Keith Whitman) (EL-5.7,        -5.7.3)

Recommendation:     That the Board authorize the General Manager to execute the cost-sharing agreement with the City of Palo Alto.

11.              Amendment No. 3 to Agreement No. 2396, With Montgomery Watson Harza, Inc., Almaden Campus Water Quality Lab Project No. 93404003, San Jose.  (Gary Kawaoka) (EL-5.7.2)

Recommendation:     That the Board authorize the General Manager to execute the amendment.

12.              Tentative Agreement for Long Term Disability Benefit Change and Additional Option for Married District Employees' Medical Coverage.  (Jose Peralez)          (EL-8.3)

Recommendation:     That the Board consider adding a short term disability provision to the long term disability benefit and an additional medical coverage option for employees married or with registered domestic partners.

13.              Board Member Requests Responded to in GM Bulletins for the Weeks of September 7-13, and 14-20, 2007.  (EL-9.12)

That the Board consider adding a short term disability provision to the long term disability benefit and an additional medical coverage option for employees married or with registered domestic partners.

a.         R-06-0438, Staff to Keep Board Informed of Sunshine Ordinance Task Force Developments.  (Debbie Cauble)

b.         R-07-0118, Staff to Agendize Discussion of Board Governance Policies and Whether the Board will Continue With Carver Model in November.  (Rudy Medina)

c.         R-07-0121, Communications Should Connect San Jose/Silicon Valley Litter With California Coastal Clean-up Day.  (Jim Fiedler)

d.         R-07-0122, Staff to Review Outfall Policy and Provide Status to Board.  (Marc Klemencic)

e.         R-07-0123, Staff to Review Ordinance 06-01 Encroachment Permit Appeal Process and Consider Role for the Board.  (Marc Klemencic)

f.          R-07-0124, Staff to Add Column to Sandbag Program Cost Matrix to Demonstrate Where Flooding has Occurred in Last 10 Years.           (Marc Klemencic)

g.         R-07-0128, Staff to Provide Board With Copies of Travel Reports Given to Civil Grand Jury and Existing Policies on Travel, Meal per Diems, etc., When the Civil Grand Jury Report is Brought to the Board.                   (Sharon Judkins)

h.         R-07-0130, Staff to Investigate how Development/Activity on non-District Owned Property Will be Coordinated Under Ordinance 06-01, in Circumstances Where Responsible Agency Lacks Expertise.            (Marc Klemencic)

14.              General Manager's Report.  (EL-9)

VIII.     NEW BOARD MEMBER REQUESTS.

15.              General Manager Review and Clarification of Requests.

IX.       CLOSED SESSION:

            None.

X.        ADJOURN:

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