HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA 95118

Tuesday, April 22, 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 11, 2008). (Jim Fiedler) (EL-4)

Recommendation: Consider additional information; hear public comment; and continue public hearing to May 13, 2008.

10:30 a.m.

4. Presentation from Chair of City of San Jose Sunshine Task Force to Share Insights, Processes, and Suggestions for Possible Sunshine Opportunities at District. (Rick Callender) (GP-3.1)

Recommendation: Receive information and provide direction to staff.

11:00 a.m.

5. San Francisquito Creek Flood Reduction and Ecosystem Restoration Project; Acceleration of Feasibility Study. (Beau Goldie) (EL-5.7)

Recommendation: Direct CEO to work with JPA member agencies and the Corps to develop plan to complete feasibility study; and authorize CEO to negotiate agreements with JPA member agencies and the Corps that will include additional funds from JPA member agencies, and does not exceed additional commitment of $3,500,000 of District funding.

11:30 a.m.

6. Santa Clara Valley Habitat Plan - A Conservation Legacy Discussion; Guidance on Seven Policy Areas. (Ann Draper) (E-3.1)

Recommendation: Receive information and provide guidance on seven policy issue areas, including permit terms, covered activities, land and stream conservation strategy, conditions of approval, plan costs and funding, and implementing entity.

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.

7. Approval of Plans and Specifications and Advertisement for Bids for Construction of the Guadalupe Creek Fish Passage Modifications Project at U-Frame Channel (26154001) (San Jose). (Katherine Oven) (EL-9.9)

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

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 January 29 and February 26, 2008 Regular Meetings; Approval of February 4, February 6, February 11, February 13, February 15 and March 5, 2008 Special Meetings. (Lauren Keller) (GP-2.4)

Recommendation: Approve minutes.

9. 2008 Board Planning Calendar. (GP-4)

Recommendation: Discuss the Planning Calendar.

10. Agricultural Water Advisory Committee - Draft Agenda for May 5, 2008 Meeting and Draft Minutes of March 3, 2008 Meeting. (Rudy Medina) (GP-8)

Recommendation: Endorse draft agenda; and note draft minutes.

11. Environmental Advisory Committee - Draft Agenda for May 19, 2008 Meeting, Draft Minutes of March 17, 2008 Meeting, and Consideration of Committee Requests. (Rudy Medina) (GP-8)

Recommendation: A. Note the draft March 17, 2008 Meeting minutes;

B. Endorse the draft Agenda for the May 19, 2008 meeting;

C. Board place on the May or July EAC Agenda an item in regards to regional or statewide collaboration and initiatives in which the District is involved;

D. For May EAC meeting, Board direct staff to provide the process of how Committee members and the public place items on the EAC Agenda;

E. Committee be notified when EAC issues are on the Board Agenda;

F. Board considers placing on the May EAC Agenda an item on programmatic recommendation from the Erosive Forces subcommittee:

1. Improving the Design Process

2. Developing Habitat Goals

3. Developing Regional Solutions to Stream Erosion and Watershed Health

12. California Special Districts Association (CSDA) Board of Directors Vacancy, Region 3, Accepting Letters of Interest for Term Ending Fall 2009. (Lauren Keller) (GP-9)

Recommendation: Discuss whether or not a Director or staff member should represent the District on the CSDA Board of Directors; if so, select a nominee.

13. 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.

14. Board Review of Third Quarter Fiscal Year 2008 Organizational Performance. (Mary Ann Ruiz) (BL-1, -3.3, -5.4, EL-9.1)

Recommendation: Review Third Quarter FY 2008 Organizational Performance for Watersheds and Water Utility; provide feedback on District performance; and accept reports.

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.

15. Resolution Declaring May 17, 2008 as National River Cleanup Day in Santa Clara County. (Susan Siravo) (E-1, -4)

Recommendation: Adopt resolution.

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. Budget Adjustment for Lenihan Dam Outlet Modifications Project, Contract No. C0528, FCI Constructors, Project No. 91904005 (Los Gatos). (Mike Hamer) (EL-5.3)

i. Budget Adjustment.

Recommendation: Approve budget adjustment of $4 million.

17. Cost Sharing Agreement with City of Cupertino for Stevens Creek Corridor Restoration Project. (Keith Whitman) (EL-5.7)

i. Budget Adjustment.

Recommendation: Consider environmental effects; adopt City's Findings; authorize CEO to execute agreement; and approve budget adjustment of $425,623.

18. Notice of Completion of Contract and Acceptance of Work for Lower Silver Creek Flood Protection and Creek Restoration Project, Reach 3, Phase 2, Shimmick Construction Co., Inc., Contractor, Contract No. C0515, Project No. 40264001 (San Jose). (Katherine Oven) (EL-5.7)

Recommendation: Accept work; direct Clerk of the Board to sign Notice of Completion of Contract and Acceptance of Work; and submit to County Clerk-Recorder.

19. Consider Right of Way Transaction With City of Gilroy for Construction of New Camino Arroyo Bridge Over West Branch Llagas Creek. (Marc Klemencic) (EL-5.9)

Recommendation: Consider request to acquire District fee title right of way; authorize staff to issue Ordinance 06-1 Encroachment Permit; provide direction to staff for preparation of transfer fee title right of way and retain an easement at bridge location for Board consideration.

20. Resolution of Appreciation to Cynthia J. D'Agosta, Expressing Appreciation for Serving as Executive Director of San Francisquito Joint Powers Authority. (Beau Goldie) (EL-9, GP-3.1)

Recommendation: Adopt resolution.

21. Resolution Amending Groundwater Charge Zone W-5 Boundary to Exclude APN 779-24-005. (Behzad Ahmadi) (EL-9.9)

i. Resolution of the Board of Directors of the Santa Clara Valley Water District Amending the Boundary of Groundwater Charge Zone W-5.

Recommendation: Adopt resolution.

22. Board Member Requests Responded to in CEO Bulletin, Week of April 4 - 10, 2008.

a. R-08-0041, Staff to schedule a presentation to the Board by Ed Rast or other Sunshine Task Force representatives, to share insights, processes, and suggestions. (Rick Callender)

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

c. R-08-0015, Staff is to come back with what it would take to get a permit for vegetation removal from Gold Street Bridge to Alviso. (Beau Goldie)

d. R-08-0021, Clerk's office to schedule and coordinate annual breakfast meeting with bargaining unit officers and Director Santos. (Lauren Keller)

23. Board Member Requests Responded to in CEO Bulletin, April 11 - 17, 2008.

a. R-08-0023, Staff to have a standing item on agenda for Delta issues updates. Agendize immediately for Board discussion and include Joan Maher and Greg Zlotnick. (Chris Elias)

b. R-08-0046, CEO, District Counsel and Clerk of the Board to propose modified policies relative to organizational changes and present them to the Organizational Change Ad-Hoc Committee and Board of Directors. (Lauren Keller)

c. R-08-0048, Schedule work study to review Governance Policies in detail during July 2008. (Rudy Medina)

d. R-08-0052, Staff to advertise for PFFC vacancy and bring back for discussion on 3 versus 5 Corporate Directors. (Lauren Keller)

e. R-08-0059, Staff to prepare a 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)

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

VIII. NEW BOARD MEMBER REQUESTS.

25. Clerk Review and Clarification of Requests.

IX. CLOSED SESSION:

None.

X. ADJOURN:

26. Adjourn to Special/Joint Meeting with City of San Jose at 9:00 a.m., on April 24, 2008, at San Jose City Hall, Committee Rooms W118-120, 200 East Santa Clara Street, San Jose, California.