HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, October 09, 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.

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.

 

3.                  Notice of Completion of Contract and Acceptance of Work for the Rinconada Water Treatment Plant Catch Basin at Reservoir Overflow Pipe, Contract No. C0533, Project No. 93291099.  (Michael Hamer) (EL-9.9)

Recommendation:     The Board accept the work and direct the Clerk of the Board to sign the Notice of Completion of Contract and Acceptance of Work and submit for recording with the Santa Clara County Clerk-Recorder.

4.                  Notice of Completion of Contract and Acceptance of Work for the Willow Glen Way Bridge Replacement Project, Upper Guadalupe River, Granite Rock Company dba Pavex Construction, Contractor, Contract No. C0523, Project No. 26154003.  (Katherine Oven) (EL-9.9)

Recommendation:     The Board accept the work and direct the Clerk of the Board to sign the Notice of Completion of Contract and Acceptance of Work and submit for recording 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.                  Proposed Letter to Governor Arnold Schwarzenegger Regarding Support of Appointment of Linda J. LeZotte to San Francisco Bay Regional Water Quality Control Board.  (Rick Callender) (GP-3.1)

Recommendation:     The Board support the appointment and authorize the Chair to sign proposed letter.

6.                  Approval of Minutes:  July 31, and August 1, 2007; Special Meetings.  (GP-2.4)

Recommendation:      The Board approve the minutes as presented.

7.                  2007 Board Planning Calendar.  (GP-4)

Recommendation:      The Board discuss the Planning Calendar.

8.                  Santa Clara Valley Water Commission - Draft Minutes of July 25, 2007, Meeting and Draft Agenda for October 24, 2007, Meeting.  (Rudy Medina) (GP-8)

Recommendation:     The Board note the draft minutes and endorse the draft agenda.

9.                  Independent Monitoring Committee - Draft Minutes of May 3, 2007, Meeting and Draft Agenda for November 1, 2007, Meeting.  (Rudy Medina) (GP-8)

Recommendation:     The Board note the draft minutes and endorse the draft agenda.

10.              2007 Nominations, Appointments, and Reappointments to Various Flood Control and Watershed Advisory Committees.  (Lauren Keller) (GP-9)

Recommendation:     The Board approve the appointments and reappointments submitted by the various jurisdictions.

11.              Board Member Reports.

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.

 

12.              Response to IBMR No. I-07-0061, Report on Overtime Incurred During Calendar Year 2006 by Job Title Category, for Overtime Amounts Over $4,000.        (Sharon Judkins)  (BL-2.2.2)

Recommendation:      The Board review and discuss.

13.              Response to BMR No. 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) (BL-2.2.2)

Recommendation:      The Board review and discuss.

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.

 

14.              Partnership With City of San Jose for South Bay Water Recycling Program (Continued From September 25, 2007).  (Keith Whitman) (EL-5)

Recommendation:     The Board, together with members of the San Jose City Council establish an ad-hoc committee; approve staff to retain an external facilitator; direct staff to establish a Recycled Water Task Force; and receive staff presentation.

15.              Consultant Agreement With Brown and Caldwell for Condition Assessment Services for San Felipe Division Reach 1, Project No. 91211099.  (Chris Elias) (EL-7)

i.          Budget Adjustment.

Recommendation:     The Board approve the consultant agreement; approve the budget adjustment; and authorize the GM to escalate the Consultant's hourly rate structure and commensurately escalate the agreement cost of such rate escalation in accordance with Appendix 2, Attachment 1.

16.              Claim of Cheryl Griffin.  (David Cahen) (EL-7.4)

Recommendation:      The Board deny the claim.

17.              Claim of Mohamed Hassen.  (David Cahen) (EL-7.4)

Recommendation:      The Board deny the claim.

18.              District's Response to Changing Sacramento San Joaquin Delta Conditions, Current Legislative Proposals, and Potential Policy Implications.  (Rick Callender) (EL-9.11)

Recommendation:     The Board determine District position on financing a comprehensive water package; establish legislative positions; and endorse Director Tony Estremera to officially represent the District as Northern California Chair of the California Latino Water Coalition.

19.              Board Member Requests Responded to in GM Bulletins for the Weeks of September 21-27 and September 28-October 4, 2007.

a.         R-07-0103, Staff to Track Consistent use of Consultants for Certain Areas and Consider Bringing Train-the-Trainer Skills Internally.  (Beau Goldie)

b.         R-07-0113, Staff to Come Back Each Board Meeting With Update on Lenihan Dam and Status on Resolution of Highway 237 Bridge Contractor Issue.  (Dave Chesterman/Katherine Oven)

c.         R-07-0114, Staff to Provide Total Engineering Costs, Compared to ASCE Curve on Lenihan Dam.  (Dave Chesterman)

d.         R-07-0115, Staff to Investigate Whether Opportunities Exist to Benefit From Alternate Uses of the Temporary Outlet Before Completion of Lenihan Dam Outlet Modification Project.  (Dave Chesterman)

e.         R-07-0116, Staff to Come Back With Criteria Used to Justify Unclassified Employment Status.  (Frank Maitski)

f.          R-07-0117, Staff to Assess District Projects Throughout the County That Have had Reports or Complaints About Vandalism, Graffiti or Concerns Regarding Security and Write Letters to San Jose Police Department or Appropriate City Council to Express Citizen Concern for More Police Protection and Other Preventive Measures.  (Brian Mendenhall)

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

Request for Exception of Board of Director Confirmation for the Hiring of the Unclassified Position of Sacramento Government Relations Manager.

Recommendation:      The Board approve the exception.

VIII.     NEW BOARD MEMBER REQUESTS.

21.              General Manager Review and Clarification of Requests.

IX.       CLOSED SESSION:

22.              CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54656.9(a): Allen v. SCVWD (Case No. C-06-05951)

X.        ADJOURN:

23.              Adjourn to Regular Meeting at 9:30 a.m., on October 23, 2007, at District Headquarters, 5700 Almaden Expressway, San Jose, California.