HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, December 11, 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.                  Approval of Plans and Specifications and Advertisement for Bids for Construction of Crest Building Office Tenant Improvement, Project No. 60204016, San Jose.  (Frank Maitski) (EL-9.9)

Recommendation:      Approve plans and specifications and advertisement; authorize the GM or his designee to issue addendums to contract during bidding.

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.

 

4.                  Approval of Minutes:  August 14, 2007, Regular Meeting.  (GP-2.4)

Recommendation:      Approve minutes as presented.

5.                  2008 Proposed Legislative Initiatives.  (Rick Callender) (GP-3)

Recommendation:      Consider and approve identified changes and subjects for modifications to District Act; and authorize staff to pursue legislation to amend Public Contract Code Section 21162.

6.                  Resolution Requesting and Consenting to Consolidation of Elections for June 3, 2008 for Districts 2, 3, and 5.  (Lauren Keller) (GP-3.1)

i.          Resolution of the Board of Directors of the Santa Clara Valley Water District Requesting and Consenting to Consolidation of Elections.

Recommendation:      Adopt the resolution.

7.                  Board Planning Calendar.  (GP-4)

Recommendation:      Discuss the Planning Calendar.

8.                  Nomination of Trish Mulvey as At-Large Member to Lower Peninsula Flood Control and Watershed Advisory Committee.  (Lauren Keller) (GP-8)

Recommendation:      Appoint Trish Mulvey.

9.                  Agricultural Water Advisory Committee - Draft Agenda for January 7, 2008 and Draft Minutes of November 5, 2007, Meeting.  (Rudy Medina) (GP-8)

Recommendation:      Endorse the draft agenda and note the draft minutes.

10.              Landscape Advisory Committee - Draft Agenda for January 10, 2008, and Draft Minutes of October 11, 2007, Meeting, and Consideration of Committee Recommendations.  (Rudy Medina) (GP-8)

Recommendation:      Endorse the draft agenda and note the draft minutes; consider Committee's recommendation to revise Board Ends Policy E-2.18 and Governance Policy GP-2 and consider recommendation relative to Green Water Credits.

11.              Board Member Reports.

 

V.       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.

 

12.              Santa Clara Valley Habitat Plan (A Conservation Legacy) - Draft Biological Goals.  (Ann Draper/Keith Whitman)  (E-3)

Recommendation:      Receive the report and provide feedback or comments.

VI.      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.

 

13.              Budget Adjustments of $3.8 Million From Reserves to Support 2007 Withdrawal of Water Supplies From Semitropic Groundwater Banking Program.  (Keith Whitman) (EL-5.3, E-2.1.2)

i.          $921,000 from Environmental Water Banking Reserve.

ii.          $589,000 from Supplemental Water Supply Reserve

iii.         $2,290,000 from Water Enterprise - Bureau Repayment Reserve.

Recommendation:      Approve three budget adjustments.

14.              Re-vegetation Design Agreement With Jones & Stokes Associates, Inc. for Upper Guadalupe River - Reach 6, San Jose, Project No. 26154002, CAS File No. 4127.  (Katherine Oven) (EL-5.7)

i.          Budget Adjustment.

Recommendation:      Approve budget adjustment for $397,000 and authorize the GM to sign consultant agreement.

15.              Agreement With Fox Lawson & Associates, LLC to Conduct Baseline Study of All Classified Positions and Classifications.  (Jose Peralez) (EL-5.7, -5.7.2)

Recommendation:      Authorize the GM to execute agreement.

16.              Consultant Agreement With Camp Dresser & McKee to Perform Engineering Design and Construction Support Work for Standby Power System Project at Penitencia Water Treatment Plant.  (Ray Yep) (EL-5.7, -5.7.2, -7)

Recommendation:      Authorize the GM to execute agreement and for compensation not to exceed $248,361; and delegate authority to Deputy Operating Officer, Water Utility Operations Division to authorize and compensate consultant for supplementary services.

17.              Resolution Authorizing the General Manager to Enter Into Grant Agreement With California Department of Water Resources to Assist in Funding District's High-Efficiency Toilet for Multi-Family Dwellings and Commercial, Industrial and Institutional Sites Program (Agreement A3092R).  (Keith Whitman) (EL-5.7, -5.7.3)

i.          Resolution of the Board of Directors of the Santa Clara Valley Water District Accepting California Department of Water Resources Proposition 50 Water Use Efficiency Grant Funds.

Recommendation:      Adopt the resolution and authorize the GM to execute the grant agreement.

18.              Agreement for Insurance Broker Services.  (David Cahen) (EL-7.1, -7.2, -5.7.2)

Recommendation:      Authorize the GM to execute a three-year agreement with Alliant Insurance Services to assist in placement of District's insurance programs.

19.              Claim of Brian Shylo.  (David Cahen) (EL-7.4)

Recommendation:      Deny claim.

20.              Board Member Requests Responded to in GM Bulletin for the Week of November 9-15, 2007.

None.

21.              Board Member Requests Responded to in GM Bulletin for the Week of November 16-22, 2007.

a.         R-07-0148, Staff to Look at Treatment Plant Overtime and Review Health and Safety Issues Connected With Long Hours.  Also, analyze and expedite hiring process.  (Sandy Oblonsky)

b.         R-07-0158, Staff to Provide Report on Funding of Employee Health & Safety Program, With Comparison of Last 5 Years.  Also Include Information on How Levels of Program will be Maintained.  (Jose Peralez)

c.         R-07-0159, Staff to Provide Chart/Timeline of Staffing Growth and Reasons for Growth.  (Jose Peralez)

d.         R-07-0162, Staff to Bring Back Information on Amount of Spending on Employee Health & Safety.  (Jose Peralez)

e.         R-07-0163, Staff to Bring Back Information on How to Keep Employee Health & Safety as a Priority.  (Jose Peralez)

f.          R-07-0174, Staff to Look at Basic Comparison for Staffing, for Example, Human Resources has 33 Staff, Compared with 12 for City of Santa Clara and 4 for San Jose Water Company.  (Jose Peralez)

22.              Board Member Requests Responded to in GM Bulletin for the Week of November 23-29, 2007.

a.         R-07-0160, Staff to Bring Back Report on Temporary Staff Usage and Agendize Issue for Discussion.  (Jose Peralez)

b.         R-07-0169, Staff to Investigate Consistent Adherence to Policy on Hiring Temporary Staff.  (Jose Peralez)

c.         R-07-0170, Staff to Provide the Board With Report on Number of Temporary Employees.  (Jose Peralez)

d.         R-07-0171, Staff to Report Back With Information on Reducing and Tracking Temporary Staffing Levels.  (Jose Peralez)

e.         R-07-0172, Staff to Analyze Temporary Staffing Needs and Investigate if Policy Change Needed.  (Jose Peralez)

f.          R-07-0173, Staff to Agendize Discussion on Temporary Staffing.  (Jose Peralez)

23.              Board Member Requests Responded to in GM Bulletin for the Week of November 30-December 6, 2007.

a.         R-07-0155, Staff to Check on Brian Schmidt's Comments Given Out at Last Audit Committee Meeting, and When Red Oak Audit Report Returns to the Board, Include Item.  (Peter Ng)

b.         R-07-0156, Staff to Bring Trish Mulvey's Comments From October 23 or 24, 2007, Board Meetings Back to Board During Next Board Audit Study Session.  (Peter Ng)

c.         R-07-0161, Staff to Agendize Discussion of Storage and Conveyance Issues With Board Advisory Committees, Particularly Environmental Advisory Committee.  (Rudy Medina)

d.         R-07-0165, Staff to Investigate Alternatives For Communicating More Effectively With Public on Staffing and Salary Levels.  (Susan Siravo)

e.         R-07-0166, Staff to Provide Editorials and Submit Rebuttals to Negative Press in San Jose Mercury News.  (Rick Callender)

f.         R-07-0177, Staff to Prepare Classified Versus Unclassified Criteria for Board's Review.  (Jose Peralez)

g.         R-07-0179, Staff to Include Analysis of Cost and Resource Implications Associated With All Future Advisory Committee Policy Recommendations to Board, When Staff Brings Advisory Committee Policy Recommendations to Board.  (Rudy Medina)

h.        R-07-0181, Staff to Explore Whether Directors' Service is Eligible for PERS Buy-Back While Opening up Contract Again.  (Jose Peralez)

i.         R-07-0182, Staff to Reagendize Unclassified Study Consultant Issue for Clarification on the November 21, 2007 Agenda.  (Jose Peralez)

24.              Resolution Providing for Compensation of the General Manager, an Unclassified Employee Appointed by Board of Directors of Santa Clara Valley Water District (Continued from December 3, 2007).  (Jose Peralez) (EL-8.1)

Recommendation:      Adopt the resolution determining any changes in compensation and benefits.

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

VII.     NEW BOARD MEMBER REQUESTS.

26.              Clerk Review and Clarification of Requests.  (EL-9)

VIII.       CLOSED SESSION:

27.              CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  Pursuant to Government Code Section 54956.9(a):  Allen v. SCVWD (Case No. C-06-05951)

IX.        ADJOURN:

28.              Adjourn to Special Meeting at 9:30 a.m. on December 12, 2007, at District Headquarters, 5700 Almaden Expressway, San Jose, California.