SPECIAL BOARD MEETING

 

HEADQUARTERS - BOARD ROOM

5700 Almaden Expressway

San Jose, CA 95118

Tuesday, May 20, 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 May 19, 2008).  (Jim Fiedler)  (EL-4)

Recommendation:      Consider additional information provided by staff; consider additional public comments; continue hearing to May 22, 2008; close hearing and adopt groundwater charges on May 23, 2008.

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.

 

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

Recommendation:      Approve plans and specifications and authorize advertisement for bids; and authorize the 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.

 

5.            Approval of Minutes of April 22, 2008 Regular Meeting; and April 24, 2008 Special Meeting.  (Lauren Keller)  (GP-2.4)

Recommendation:      Approve minutes.

6.            Term Limits for Board Members.  (Debra Cauble) (GP-2)

Recommendation:      Accept report regarding statutory authority for term limits; discuss policy considerations; and provide direction to staff.

7.            Resolution Providing for the Compensation of the District Counsel, an Unclassified Employee Appointed by the Board of Directors of the Santa Clara Valley Water District.  (Jose Peralez)  (GP-4.5)

Recommendation:      Accept revised salary information; determine appropriate salary placement and total compensation; and adopt resolution providing for compensation of District Counsel.

8.            Resolution Providing for the Compensation of the Clerk of the Board, an Unclassified Employee Appointed by the Board of Directors of the Santa Clara Valley Water District.  (Jose Peralez)  (GP-4.5)

Recommendation:      Adopt the resolution providing for compensation of Clerk of the Board.

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

Recommendation:      Discuss the Planning Calendar.

10.          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.

 

11.          Board Review of Third Quarter Fiscal Year 2008 Organizational Performance (Continued from May 13, 2008).  (Mary Ann Ruiz) (BL-5.4)

Recommendation:      Review Third Quarter FY 2008 Organizational Performance for Capital Program Services and Administration; 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.

 

12.          Current Issues and Board Policy Related to Fisheries and Aquatic Habitat Collaborative Effort (FAHCE) and Early Implementation Principles for FAHCE (Board Member Requests 08-0042, 08-0044, 08-0068, 08-0069).  (Keith Whitman)  (E-2.1.2, -2.1.3, E-3, EL-7.8)

Recommendation:      Review and confirm proposed CEO Interpretations of related Board Policy; review and discuss staff report; and receive information on Three Creeks Habitat Plan issues and anticipated related capital and operating costs.

13.          Consideration of 2008 Community Awareness and Perception Survey Instrument.  (Susan Siravo)  (E-4)

Recommendation:      Review and approve draft 2008 Community Awareness and Perception Survey instrument.

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.

 

14.          Board Review of Draft Fiscal Year 2008-2009 Operating and Capital Budget (Continued from May 19, 2008).  (Olga Martin Steele)  (EL-4)

Recommendation:      Review draft budget and provide direction to staff.

15.          Contract Amendment 2 with Winzler & Kelly, Inc., for Engineering Services for Lower Berryessa Creek Flood Protection Project (Milpitas).  (Katherine Oven)  (EL-5.7)

Recommendation:      Approve contract Amendment 2.

16.          Contract Amendment 2 with Environmental Science Associates for Environmental Planning Services for Lower Berryessa Creek Flood Protection Project (Milpitas).  (Katherine Oven)  (EL-5.7)

Recommendation:      Approve contract amendment 2.

17.          Bay Area Recycled Water Coalition Memorandum of Agreement.  (Keith Whitman)  (EL-5.7)

Recommendation:      Authorize CEO to execute agreement.

18.          Sole Source Subscription for Capitol Track Bill Tracking Services.  (Rick Callender)  (EL-5.7.3)

Recommendation:      Authorize staff to subscribe to Capitol Track bill tracking services on a sole source basis for a period of two years.

19.          Recommended Positions on State Legislation: AB 1806 (Wolk) Fish and Wildlife Rescue and Relocation; AB 2065 (Hancock) Invasive Aquatic Species; AB 2270 (Laird) Recycled Water; AB 2347 (Ruskin) Mercury-Added Thermostats Collection Program; AB 2501 (Wolk) Climate Change and Water Resources; AB 2538 (Ruskin) Carbon Footprint Labeling Program Report; AB 2913/ABX2 6 (Salas) Delta Strategic Plan; AB 2938 (DeLeon) Screening of Water Diversions; SB 994 (Florez) Delta Smelt; SB 1395 (Corbett) Lead Plumbing Monitoring and Compliance Test.  (Rick Callender)  (EL-9.11)

Recommendation:      Adopt a position of "Support" on AB 2065, AB 2270, AB 2347, AB 2501, AB 2538, AB 2913, ABX2 6, AB 2938, and SB 1395; adopt a position of "Support in Concept" on SB 994; and adopt a position of "Oppose Unless Amended" on AB 1806.

20.          Board Member Requests Responded to in CEO Bulletin, Week of May 9 - 15, 2008.

a.      R-08-0050, Staff to be more accurate when budgeting projects vs. using budget as a placeholder to avoid change orders, budget adjustments, etc. (Dave Chesterman)

b.      R-08-0056, Staff to agendize discussion for proposed policy language regarding water export either out of the county or from zone to zone (including recycled water).  (Keith Whitman)

c.      R-08-0058, Staff to bring back details of proposed trust services to fund retirement benefits such as administrative costs, who will provide, etc.  (Peter Ng)

d.      R-08-0064, Provide line item review of consultants and efficiencies on programs.  (Peter Ng)

e.      R-08-0065, Provide a chart with staffing by fund.  (Peter Ng)

f.       R-08-0080, Staff is to look into spreading the draw down of general fund reserves over time in lieu of in 2009.  (Peter Ng)

 

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

 

VIII.     NEW BOARD MEMBER REQUESTS.

22.          Clerk Review and Clarification of Requests.

 

IX.       CLOSED SESSION:

23.          CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a): Guadalupe-Coyote Resource Conservation District v. SCVWD (FAHCE) (Before the State Water Resources Control Board).

 

X.        ADJOURN:

24.          Adjourn to Special Meeting at 9:30 a.m., on May 22, 2008, at District Headquarters, 5700 Almaden Expressway, San Jose, California.