HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, January 08, 2008

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.            Election of Chair and Vice Chair for Year 2008.  (Lauren  Keller)  (GP-5.3)

Recommendation:      Nominate and elect new Chair and Vice Chair.

9:40 a.m.

4.            Recognition of Outgoing Chairperson, Tony Estremera.  (Rosemary Kamei)    (GP-5.3)

9:40 a.m.

5.            Public Hearing on Fiscal Years 2008-2012 Capital Improvement Program (CIP).  (Dave Chesterman) (EL-4.1.1)

Recommendation: Conduct a public hearing; receive information from fiscal year 2008 CIP outreach; adopt fiscal years 2008-2012 CIP; direct staff to evaluate comments received, and incorporate into fiscal year 2009 CIP and budget.

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.

 

6.            Final Resolution Approving the Amendment to District's Contract With California Public Employees' Retirement System.  (Jose Peralez) (EL-9.9)

Recommendation: Adopt the resolution authorizing an amendment to the contract.

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:  September 25, October 9 and 23, 2007, Regular Meetings; October 24 and 29, 2007, Special Meetings.  (GP-2.4)

Recommendation:      Approve as presented.

8.            Restoring Level of Services to Clean up Trash From Illegal Encampments in City of San Jose.  (Jim Fiedler) (GP-3)

i.          Memorandum with City of San Jose.

ii.          Budget Adjustment $95,000.

Recommendation: Authorize GM to execute agreement with City of San Jose and approve budget adjustment.

9.            Support Re-Appointment of Gary Wolff to the State Water Resources Control Board.  (Rick Callender) (GP-3.1)

Recommendation: Support the re-appointment and authorize Chair to sign letter of support.

10.          2008 Board Planning Calendar.  (GP-4)

Recommendation:      Discuss the Planning Calendar.

11.          Resolution Setting Time and Place of Meetings of the Santa Clara Valley Water District Board of Directors, Providing a Time for Filing Matters to be Considered, and Rescinding Resolution No. 06-02.  (Lauren Keller) (GP-4.2)

Recommendation:      Adopt resolution if regular meetings days change.

12.          Santa Clara Valley Water Commission - Draft Minutes of October 31, 2007, Meeting and Draft Agenda for January 23, 2008, Meeting.  (Rudy Medina) (GP-8)

Recommendation:      Note the draft minutes and endorse the draft agenda.

13.          2008 Santa Clara Valley Water Commission, Environmental Advisory Committee, Agricultural Water Advisory Committee, Landscape Advisory Committee and Lower Peninsula Flood Control and Watershed Advisory Committee Nominations/Reappointments.  (Lauren Keller) (GP-9)

i.          Resolutions of Appreciation for Outgoing Committee Members.

Recommendation: Approve appointments and nominations and adopt resolutions.

14.          Review of Board of Directors' External Committee Appointments for 2008.  (Lauren Keller) (GP-9)

Recommendation:      Review and consider whether or not to make changes.

15.          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.

 

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.

 

16.          Resolution Authorizing District to Enter Into Grant Agreement With Department of Water Resources to Implement System Upgrades to Existing Groundwater Well Meters.  (Keith Whitman) (EL-5.7, -5.7.3)

i.          Resolution.

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

17.          Contract Change Order No. 6 and Notice of Completion of Contract and Acceptance of Work for State Highway 237 Eastbound Bridge Replacement Project on Guadalupe River, FCI Constructors, Inc., Contractor, Contract No. C0512, Project No. 30154011 (San Jose).  Katherine Oven) (EL-5.7, -5.7.1, -9.9)

Recommendation: Approve and authorize Chair to execute change order; accept Notice of Completion of Contract and Acceptance of Work and record with Santa Clara County Clerk-Recorder.

18.          Board Member Requests Responded to in GM Bulletin, December 14-20, 2007.

a.         R-07-0117, Staff to assess District projects throughout 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, such as policemen on horseback or bicycles, or other actions such as more lights or brighter lights or signs.  (Brian Mendenhall)

b.         R-07-0176, Staff to examine stream gauge program to determine if expansion needed.  Report will be available in March, 2008.               (Keith Whitman)

c.         R-07-0178, Staff to review trash removal program (Coastal Cleanup Day and National River Cleanup Day) and look for funds to maintain.           (Jim Fiedler)

d.         R-07-0183, Staff to contact outside presenters for Global Climate Change Board Work Study Session rescheduled to January 29, 2008.         (Melanie Richardson)

e.         R-07-0184, At next Initiatives update, staff to correlate strategic initiatives to ongoing operational work.  (Melanie Richardson)

f.          R-07-0185, Staff to research conducting workshops on caring for creeks and streams.  (Jim Fiedler)

g.         R-07-0190, Staff to explore uses for sediment from creeks, and perhaps separate sediment from vegetation for landfill to determine if de-watering can allow more uses (for gardening products) and reduce costs.          (Ann Draper)

h.         R-07-0201, Staff to review an older District project (3 to 10 years old) to evaluate and track how many non-native trees have returned.           (Marc Klemencic)

19.          Board Member Requests Responded to in GM Bulletin, December 21-27, 2007.

a.         R-07-0108, Staff to come back with status report on John Shay's record request and encroachment issues.

b.         R-07-0186, Staff to provide the Board and City of San Jose information regarding the process for removing properties from floodplain lists, and the status and impact of the Lower Silver Creek Project.

c.         R-07-0187, Staff to look into putting FEMA floodplain map deletion status on the web.

d.         R-07-0191, Staff to provide a one-sheet summary of money spent on the Clean, Safe Creeks projects to date.

20.          Board Member Requests Responded to in GM Bulletin, December 28, 2007 - January 3, 2008.

a.         R-07-0189, Track state and federal legislation regarding raising flood protection levels to change what we currently have, which is a 100-year flood level.  (Julia Maclay)

b.         R-07-0193, Staff to explore moving Board meetings to occur weekly on Wednesdays at 8:00 a.m. and bring back discussion at Board priority setting meeting in January, 2008.  (Lauren Keller)

c.         R-07-0200, Staff to agendize a delta update on upcoming Board agenda, in GM Bulletin or during General Manager's Report.  (Greg Zlotnick)

d.         R-07-0209, Committee staff to flush out issues and recommendations from members and others as to how they fit into policy and committee purpose and bring forward to Board.  (Rudy Medina)

21.          Positions on Federal Legislation:  HR 3224 (Salazar) and S 2238 (Akaka) - Dam Rehabilitation and Repair Act of 2007, S 2156 (Bingaman) - Science and Engineering to Comprehensively Understand and Responsibly Enhance (SECURE) Water Act, HR 3957 (Matheson) - Water Use Efficiency and Conservation Research Act, and HR 3398 (Ellison) - National Infrastructure Improvement Act of 2007.  (Rick Callender) (EL-9.11)

Recommendation:      Support all legislative bills listed.

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

VIII.     NEW BOARD MEMBER REQUESTS.

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

IX.       CLOSED SESSION:

24.          CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8 - Property:  APNs 712-17-015, 712-17-016, and 712-03-099 - District Negotiators:  Chris Elias - Negotiating Parties:           Bill Baron - Under Negotiation:  Price and Terms of Payment.

X.        ADJOURN:

25.          Adjourn to Regular Meeting at 9:30 a.m., on January 22, 2008, at District Headquarters, 5700 Almaden Expressway, San Jose, California.