HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, May 13, 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.            Public Hearing--Annual Report on Protection and Augmentation of Water Supplies (formerly known as Water Utility Enterprise Report)--2008 and Recommended Groundwater Production Charges (Continued from April 22, 2008).  (Jim Fiedler)  (EL-4)

Recommendation:      Consider additional information provided by staff, including letter from Ms. Suniga and staff response; consider additional public comments; and continue public hearing to May 19, 20, and 22, 2008; close hearing and adopt groundwater charges on May 23, 2008.

10:00 a.m.

4.            Consideration of Alternatives for Protection of District Reservoirs From Infestation by Invasive Zebra and Quagga Mussels.  (Ray Yep)  (EL-7)

Recommendation:      Take action to provide adequate protective measures against Zebra and Quagga Mussel infestation of District reservoirs by implementing a temporary boating ban on all District reservoirs and ponds until Santa Clara County Parks can implement a District approved boating inspection program.

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.

 

5.            Notice of Time and Place of Public Hearing Regarding Flood Control Benefit Assessments for FY 2008-09.  (Darin Taylor)  (EL-4)

Recommendation:      Set June 10, 2008, as time and place of public hearing on Flood Control Benefit Assessments for FY 2008-09.

6.            Consultant Agreement With Pinnacle One, to Provide Expert Construction Claims Analysis Services for the State Highway 237 Eastbound Bridge Replacement Project on Guadalupe River, FCI Constructors, Inc. Contractor, Contract No. C0512, Project No. 30154011 (San Jose).  (Debra Cauble)  (EL-5.7.2)

Recommendation:      Delegate authority to District Counsel to negotiate, approve, and administer consultant agreement with maximum compensation not to exceed $250,000 for basic services and $50,000 for supplementary services, for a total not to exceed sum of $300,000.

7.            Notice of Completion of Contract and Acceptance of Work for Lower Silver Creek Flood Protection and Creek Restoration Project, Reach 3, Phase 1, RGW Construction, Inc., Contractor, Contract No. C0501, Project No. 40264001 (San Jose).  (Katherine Oven)  (EL-9.9)

Recommendation:      Accept work; Direct Clerk of the Board to sign Notice of Completion of Contract and Acceptance of Work and submit to the 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.

 

8.            Approval of Minutes of March 11, March 25, and April 8, 2008 Regular Meetings; and March 14, March 24, April 10, and April 11, 2008 Special Meetings.  (Lauren Keller)  (GP-2.4)

Recommendation:      Approve minutes.

9.            Resolution Proclaiming May 18-24, 2008, as National Public Works Week.  (GP-3.1)  (Katherine Oven)

Recommendation:      Adopt resolution.

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

Recommendation:      Discuss the Planning Calendar.

11.          Board Member Reports.

 

V.       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.

 

12.          Proposed CEO Interpretations of Board Policy and Current Issues Related to the Long-Term Delta Solution.  (E-2.1)  (Greg Zlotnick/Keith Whitman)

Recommendation:      Review and confirm proposed CEO interpretations of related Board policies; discuss status of emerging issues related to Long-Term Delta Solution; and, discuss need for public outreach.

13.          Santa Clara Valley Water District Identity and Image Consolidation.  (Susan Siravo)  (E-4)

Recommendation:      Select and approve tagline.

VI.      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.

 

14.          Board Approval of $5,000 Matching Fund Contribution to Santa Clara County FireSafe Council in Support of Federal Grant.  (EL-5.13)  (Jim Fiedler)

Recommendation:      Approve contribution; and authorize CEO to sign agreement.

15.          Report of Bids Received and Award of Contract for Rinconada Water Treatment Valves Replacement Project, Contract No. C0540, Project No. 93294045 (Los Gatos).  (Michael Hamer)  (EL-5.7.1)

Recommendation:      Ratify Addenda Nos. 1 and 2; award contract to Anderson Pacific Engineering in the sum of $3,520,700; and authorize the CEO or designee to approve change orders up to a cumulative total of $352,070.

16.          Board Review of Third Quarter Fiscal Year 2008 Organizational Performance.  (EL-9, BL-5.4)  (Mary Ann Ruiz)

Recommendation:      Review reports for Capital Program Services and Administration; provide feedback on District performance; and accept reports.

17.          Federal Appropriation Support Request for Cleanup of Almaden Air Force Station.  (EL-9.11)  (Rick Callender)

Recommendation:      Authorize Chair to sign letters supporting appropriations for cleanup.

18.          Board Member Requests Responded to in CEO Bulletin, Week of April 18 - 24, 2008.

a.         R-07-0204, Staff to combine BMRs 07-0160, 0169, 0170, 0171, 0172, 0173, and 0211 review policy as a whole, and return to Board with findings. (Jose Peralez)

b.         R-08-0042, Staff to agendize FAHCE status, progress and implementation update, including how HCP fits into it. (Keith Whitman)

c.         R-08-0044, Staff is to include in upcoming FAHCE, Capital Projects Overview and budget discussions - a summary of FAHCE commitments and projected implementation schedules; an overview of early implementation opportunities; and clarification on how HCP and other efforts fit into the FAHCE program.  (Keith Whitman)

19.          Board Member Requests Responded to in CEO Bulletin, Week of April 25 - May 1, 2008.

a.         R-07-0204, Staff to combine BMRs 07-0160, 0169, 0170, 0171, 0172, 0173, and 0211, review policy as a whole, and return to Board with findings. (Jose Peralez)

b.         R-08-0045, Staff is to agendize an update on the Diversity Program. (Gustavo De La Torre)

c.         R-08-0046, Staff to return to Board on November 13, 2007, with Executive Limitations related to Unclassified positions for Board to clarify. (Jose Peralez)

d.         R-08-0062, Staff to bring issue of security use and budget for such during budget hearings. (Frank Maitski)

e.         R-08-0066, Staff to identify the process for identifying articles to be included in the District "Current Water News" email distribution. (Brian Hackett)

20.          Board Member Requests Responded to in CEO Bulletin, Week of May 2 - 8, 2008.

a.         R-08-0031, Staff come back with information on what it costs the District, and tax payers in affected areas, to return flooded areas to pre-flood, or normalcy, conditions.  (Beau Goldie)

b.         R-08-0049, Staff to review process in general for negotiating bridge replacements with cities and county.  (Dave Chesterman)

c.         R-08-0059, Staff to prepare letter for Chair's signature encouraging cities and county to speed up the process to fill committee vacancies.  This letter is to be sent to outstanding jurisdictions that have not submitted nominations.  (Lauren Keller)

d.         R-08-0068, Staff to agendize FAHCE overview discussion on 5/13/08.  (Keith Whitman)

e.         R-08-0069, Staff to look at Open Space Credit funding source through FAHCE.  (Keith Whitman)

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

VII.     NEW BOARD MEMBER REQUESTS.

22.          Clerk Review and Clarification of Requests.

VIII.       CLOSED SESSION:

23.          CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a): Idowu v. SCVWD  (Case No. 1-07-CV-089489)

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

25.          CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6 Agency Representative:  Chair of the Board Unrepresented Employees:  District Counsel and Clerk of the Board

IX.        ADJOURN:

26.          Adjourn to Special Meeting at 9:30 a.m., on May 19, 2008, at District Headquarters, 5700 Almaden Expressway, San Jose, California.