HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, March 11, 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.

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 Chief Executive Officer (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.

 

3.            Approval of Plans and Specifications and Advertisement for Bids for Construction of the Rinconada Water Treatment Plant Valves Replacement Project, Project No. 93294045 (Los Gatos).  (Mike Hamer) (EL-9.9)

Recommendation:      Approve plans and specifications; authorize advertisement for bids and Designated Engineer to issue addenda.

4.            Notice of Completion of Contract and Acceptance of Work for Calabazas Creek Capacity Improvement Project, Central Expressway to El Camino Real, Proven Management, Inc., Contractor, Contract No. C0531, Project No. 20104018 (Santa Clara).  (Katherine Oven) (EL-9.9)

Recommendation:      Accept the work and direct the Clerk of the Board to sign 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.            Approval of Minutes:  January 8, 2008, Regular Meeting; January 15, 2008, Special Meeting.  (GP-2.4)

Recommendation:      Approve as presented.

6.            Vacancy on Santa Clara Valley Water District Public Facilities Financing Corporation Resulting from Resignation of Mr. David R. Johnson as Chief Financial Officer, Resolution of Appreciation for Mr. Johnson, and Appointment of Replacement.  (Lauren Keller) (GP-3.1)

i.          Resolution.

Recommendation:      Discuss vacancy; provide direction to staff to fill vacancy or appoint a replacement; and adopt resolution.

7.            Landscape Advisory Committee - Draft Agenda for April 10, 2008, Meeting and Draft Minutes of January 10, 2008, Meeting.  (Rudy Medina) (GP-8)

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

8.            Environmental Advisory Committee - Committee Recommendations for Board Consideration on Extended Producer Responsibility and Erosive Forces.  (Rudy Medina) (GP-8)

Recommendation:      Review the following recommendations from Environmental Advisory Committee and provide staff direction concerning disposition of each recommendation:

Extended Producer Responsibility:

·         Consider joining the California Product Stewardship Council (CPSC) (Attachment 1).

·         Support appropriate legislation on Extended Producer Responsibility (EPR) which may be in process, as well as future bills as offered by the CPSC.

·         Ask EAC sub-committee on Extended Producer Responsibility to continue its work on draft policy.

·         Explore direct action in Santa Clara Valley region to advance goals of Extended Producer Responsibility.

Erosive Forces:

·         Consider the three erosive forces policy recommendations brought forward by the EAC sub-committee on Erosive Forces at the Board's February 5, 2008, Board Work Study Session.

9.            Board Review Process for Fiscal Year 2008-09 Budget.  (Nai Hsueh) (E-4)

Recommendation:      Discuss proposed budget process and schedule budget review meeting dates.

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

Recommendation:      Discuss the Planning Calendar.

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.          Salary Compensation Process and Adjustments for Board Appointed Officers (BMR-07-0202).  (Jose Peralez) (BL-1.1.1, -1.1.2)

Recommendation:      Review and adopt flat salary rate; and provide direction to staff on appropriate resolutions for salary and or benefit adjustment for District Counsel and Clerk of the Board.

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.

 

13.          Resolution Declaring Month of April as Environmental Awareness Month and April 22, as Earth Day.  (Rick Callender) (E-1)

Recommendation:      Adopt the resolution and authorize the Chair to send letters to all municipalities.

14.          Resolution Declaring March 22, 2008 as World Water Day.  (Susan Siravo) (E-1)

Recommendation:      Adopt the resolution.

15.          Restoring Support Services to CAL FIRE for Suppression of Wildfires in Santa Clara County.  (Beau Goldie) (E-3)

i.          Budget Adjustment for $20,000.

Recommendation:      Consider restoring funding; approve budget adjustment.

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.

 

16.          Consultant Agreement With Lee & Ro, Inc. to Provide Engineering Services for Planning and Design of Pacheco Pumping Plant Adjustable Speed Drive Replacement Project, Project No. 91954001 (Unincorporated)  (Mike Hamer) (EL-5.3, -5.7.2)

i.          Budget Adjustment.

Recommendation:      Approve budget adjustment for $400,000; authorize CEO to sign agreement; delegate to Deputy Operating Officer to authorize supplementary services and approve compensation.

17.          Release Agreement Resolving Contract Dispute With AN West Incorporated on Lower and Downtown Guadalupe River Flood Protection Projects' Interior Drainage Study.  (Katherine Oven) (EL-5.7.2)

Recommendation:      Approve release agreement.

18.          Board Member Requests Responded to in CEO Bulletin, February 22-28, 2008.

a.         R-08-0013, Staff to work with County Parks and Fish and Game for flier to be handed out to boaters and recreation industry and boating groups to educate on Zebra Mussels.  (Sandy Oblonsky) and R-08-0030, Staff to distribute Zebra Mussel information throughout Santa Clara County.  (Sandy Oblonsky)

b.         R-08-0016, Staff to keep Board informed of Hetch Hetchy murky water issues and increase outreach to distinguish between District and Hetch Hetchy water supplies.  (Sandy Oblonsky)

c.         R-08-0017, Staff to update Board on desalination project partnership with four-agency group.  (Keith Whitman)

d.         R-08-0019, Future projects coming to Board need consideration of design build option as part of agenda memo; standardization of equipment considered also.  (Dave Chesterman)

e.         R-08-0021, Staff to provide information on photo contained on page 25 of Clean, Safe Creeks FY 06-07 Report.  (Beau Goldie)

f.          R-08-0025, Staff to prepare media release relative to achieving recommendation for ISO 9001 and 14000 certification.  (Rick Callender)

g.         R-08-0026, At 3/12/08 Board Governance Work Study, staff to return with information regarding Carver Model.  (Rudy Medina)

h.         R-08-0027, At 3/5/08 work study, staff to bring status of previous Board priorities and discussion of other issues identified by the Board.  (Rudy Medina)

i.          R-08-0029, Staff to include in their talking points when speaking at public or outside engagements, a brief synopsis of Board's role, goals, etc.  (Rudy Medina)

19.          Board Member Requests Responded to in CEO Bulletin, February 29-March 6, 2008.

a.         R-08-0018, CEO to provide updates to Board when pertinent Delta issues arise.  (Greg Zlotnick)

b.         R-080023, Counsel to advise the Board regarding process for possible acquisition of Pacheco Reservoir.  (Debra Cauble)

c.         R-08-0033, Staff is to come back with further clarification in response to iBMR No. I-07-0090, relative to sponsorships.  (Gustavo De La Torre)

20.          Chief Executive Officer's Report.

VIII.     NEW BOARD MEMBER REQUESTS.

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

IX.       CLOSED SESSION:

22.          PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 Title:  Chief Executive Officer.

Recommendation:

23.          PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 Title:  Clerk of the Board.

X.        ADJOURN:

24.          Adjourn to Special Meeting at 9:30 a.m., on March 14, 2008, at District Headquarters, 5700 Almaden Expressway, San Jose, California.