HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, March 25, 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.            Resolution to Acquire Water Made Available by the Lower Yuba River Accord Through the Department of Water Resources' Dry Year Purchase Program.  (Keith Whitman)  (E-2.1.3, -2.1.4.2, EL-7.9)

i.          Resolution Finding the Final Program Environmental Impact Report for Lower Yuba River Accord Legally Adequate; Making Findings Thereon; and Determining to Proceed With the Dry Year Purchase Program Agreement and Approving the Form and Content Of and Authorizing the Execution of the Agreement for the Supply And Conveyance Of Water By The Department of Water Resources Under The Dry Year Purchase Program.

Recommendation:      Adopt the resolution.

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.            2008 Board Planning Calendar. (GP-4)

Recommendation:      Discuss the Planning Calendar.

5.            Santa Clara Valley Water Commission - Draft Minutes of January 23, 2008, Meeting; Draft Agenda for April 23, 2008, Meeting; and Request for Update on Unfunded Liability at Future Water Commission Meeting.  (Rudy Medina) (GP-8)

Recommendation:      Note the draft minutes; endorse the draft agenda; and consider the Committee's request.

6.            2008 Santa Clara Valley Water Commission, Environmental Advisory Committee, and Flood Control and Watershed Advisory Committee Nominations/Reappointments.  (Lauren Keller)  (GP-9)

i.          Resolutions of Appreciation for Outgoing Committee Members.

Recommendation:      Approve the appointments/reappointments and adopt the resolutions.

7.            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.

 

8.            Salary Compensation Process and Adjustments for Board Appointed Officers (BMR-07-0202) (Continued From March 11, 2008).  (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.

9.            Delta and Related Issues Update.  (Greg Zlotnick) (BL-3)

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.

 

            None.

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.

 

10.          CEO Request to Fill Vacant Unclassified Positions.  (Olga Martin Steele) (EL-3.3)

Recommendation:      Approve CEO's requests to fill five unclassified positions and to re-assign five unclassified employees; and BAO interpretation of EL-3.3.

11.          Board Policy Language Changes to EL-3.  (Rudy Medina) (EL-3.7)

Recommendation:      Review and approve policy revisions.

12.          Proposed Revisions to District Reserve Policy.  (Nai Hsueh) (EL-4)

Recommendation:      Review and approve.

13.          Budget Adjustments, Consultant Contract Authorization and Cost-Share Agreements for Re-Certification of Stevens Creek, Lower Penitencia Creek and Uvas Creek Levees to Meet Federal Emergency Management Agency (FEMA) Standards.  (Ann Draper) (EL-5.1, -5.7, -7)

Recommendation:      Approve budget adjustments totaling $1.49 million; authorize the CEO to sign cost-share agreements; approve consultant agreement; and authorize CEO to sign notices-to-proceed.

14.          Proposed Budget Adjustment for Office of Emergency Services.  (Sharon Judkins) (EL-5.1)

Recommendation:      Approve budget adjustment of $450,000.

15.          Release Agreement Resolving Contract Dispute With AN West Incorporated on Lower and Downtown Guadalupe River Flood Protection Projects' Interior Drainage Study (Continued From March 11, 2008).  (Katherine Oven) (EL-5.7.2)

Recommendation:      Approve release agreement.

16.          Claim of Great Oaks Water Company.  (Debra Cauble) (EL-7.4)

Recommendation:      Deny the claim.

17.          Claim of Omoshola Idowu.  (Debra Cauble) (EL7.4)

Recommendation:      Deny the claim.

18.          Claim of Toan Nguyen and Ann Nguyen.  (Debra Cauble) (EL-7.4)

Recommendation:      Deny the claim.

19.          Board Member Requests Responded to in CEO Bulletin, February 22-28, 2008 (Continued From March 11, 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)

 

20.          Board Member Requests Responded to in CEO Bulletin, February 29-March 6, 2008 (Continued From March 11, 2008).

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

b.         R-08-0023, 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)

21.          Board Member Requests Responded to in CEO Bulletin, March 7-13, 2008.

a.         R-07-0198, Staff to investigate alternatives for replenishing State Bureau of Repayment reserves and evaluate name on reserve as it seems inadequate.  Are we required to keep it?  (Nai Hsueh)

b.         R-08-0020, Staff to present alternatives identified in Clean, Safe Creeks FY06-07 Report, to Board in work/study format.  (Katherine Oven)

c.         R-08-0028, Director Sanchez requested staff provide Board with information on Aquamog product:  brochures, photos, and information on District use.  (Beau Goldie)

d.         R-08-0043, Staff to have standing item on agenda for Delta issues updates.  Agendize immediately for Board discussion and include Joan Maher and Greg Zlotnick.  (Greg Zlotnick)

 

22.          Board Member Requests Responded to in CEO Bulletin, March 14-20, 2008.

a.         R-08-0034, Staff to investigate cost and logistics of redistricting before census v. extending at-large positions until after the census figures are out.  (Rick Callender)

b.         R-08-0035, Staff to look at other agencies that hold responsibilities for entire county that have seven Districts, to use as comparators for redistricting, etc. (Rick Callender)

c.         R-08-0036, Staff to bring back comparator information on San Mateo Board of Supervisors and EBMUD, relative to agencies with 7 districts.  (Rick Callender)

23.          Chief Executive Officer Report.  (EL-9)

VIII.     NEW BOARD MEMBER REQUESTS.

24.          Clerk Review and Clarification of Requests.

IX.       CLOSED SESSION:

25.          PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 Title:  Clerk of the Board (Continued From March 11, 2008).

X.        ADJOURN:

26.          Adjourn to Regular Meeting at 9:30 a.m., on April 8, 2008, at District Headquarters, 5700 Almaden Expressway, San Jose, California.