HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, July 08, 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.            Notice of Completion of Contract and Acceptance of Work for Upper Guadalupe River, Reach 6, Demolition of Structures Project, V.E.M. General Engineering, Inc., Contractor, Contract No. C0532, Project No. 26154002 (San Jose).  (Katherine Oven)  (EL-9.9)

Recommendation:      Accept work as complete; direct Clerk of the Board to sign the Notice of Completion of Contract and Acceptance of Work; and submit for recording to Santa Clara County Clerk-Recorder.

4.            Set Public Hearing on Engineer's Report for Jacques Gulch Restoration Project and Resolution Specifying Intention to Consider Undertaking a Work of Improvement (San Jose).  (Beau Goldie)  (EL-9.9)

i.         Resolution Specifying Intention to Consider Undertaking a Work of Improvement and Providing for the Notice of Time and Place of Public Hearing Thereon Jacques Gulch Restoration Project.

Recommendation:      Adopt Resolution setting public hearing on Draft Engineer’s Report, to be held on August 12, 2008 at 9:40 a.m. at District Headquarters.

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: June 9, 2008 Special Meeting.  (Lauren Keller)  (GP-2.4)

Recommendation:      Approve minutes.

6.            2008 Board Planning Calendar.  (GP-4)

Recommendation:      Discuss Planning Calendar.

7.            Amendment to Employment Agreement with Olga Martin Steele for Services as Chief Executive Officer.  (Debra Cauble)  (GP-5.2)

Recommendation:      Authorize Board Chair to execute an Amendment to the Employment Agreement to extend term.

8.            Environmental Advisory Committee--Draft Agenda for July 21, 2008 Meeting, Draft Minutes of May 19, 2008 Meeting, and Consideration of Committee Requests.  (Jim Fiedler)  (GP-8)

Recommendation:      Approve draft Agenda; note draft minutes; amend committee work plan to include informational item on Sunshine meetings; and include on future Committee Agenda, an item to review comprehensive information in committee handbook on how the public can interact with committee in regards to providing information, comments and requests for action.

9.            Santa Clara Valley Water Commission--Draft Agenda for July 23, 2008, Draft Meeting Minutes of April 23, 2008, and Consideration of Committee Recommendations.  (Mary Ann Ruiz)  (GP-8)

Recommendation:      Approve draft Agenda; note draft minutes; consider endorsing commission recommendation to increase water rates for Fiscal Year 2008-2009; direct staff to look into two-tiered price structure for agricultural water; and direct staff to look into a price structure that would encourage greater use of recycled water.

10.          Board Member Reports.

V.      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.

 

11.          Request to Fill Unclassified Position in Office of District Counsel.  (Debra Cauble)  (EL-3.3)

Recommendation:      Approve District Counsel's request to conduct a competitive recruitment and hire a new Assistant District Counsel.

12.          Report of Bids Received and Award of Contract for Guadalupe Creek Fish Passage Modifications at U-Frame Channel, Contract No. C0541, Project No. 26154001 (San Jose).  (Katherine Oven)  (EL-5.7.1)

Recommendation:      Ratify Addendum No. 1; award Contract to Con-Quest Construction in the sum of $819,620; authorize CEO or designee to approve change orders up to a cumulative total of $100,000.

13.          Cost-Sharing Agreement with City of San Jose for Operation of Water Conservation Programs, Fiscal Year 2008-2009.  (Keith Whitman)  (EL-5.7)

Recommendation:      Authorize CEO to execute Agreement.

14.          Agreement with Department of Water Resources for Municipal Water Quality Investigations (MWQI).  (Keith Whitman/Joan Maher)  (EL-5.7)

Recommendation:      Approve Agreement; authorize CEO to execute Agreement between California Department of Water Resources, State Water Project Contractors Authority and Participating State Water Project Contractors not to exceed a total maximum amount of $325,128.

15.          Sole Source Agreement with Steele Source Construction Corporation for Purchase of Replacement Water Sampling Stations.  (Chris Elias)  (EL-5.7)

Recommendation:      Authorize District to enter into a Sole Source Agreement with Steele Source  in amount not to exceed $16,000; and delegate authority to CEO to approve and sign Agreement.

16.          Sole Source Agreement with Eimco Water Technologies for Purchase of Replacement Turbine Drive Assembly at Rinconada Water Treatment Plant.  (Chris Elias)  (EL-5.7.3, E-2, EL-7)

Recommendation:      Authorize District to enter into a sole source agreement with Eimco Water Technologies in an amount not to exceed $370,000; and delegate authority to CEO to finalize, approve and sign Agreement.

17.          Sole Source Agreement with Burlingame Engineers, Inc. for Purchase of Replacement Milton Roy Streaming Current Detectors at Three Water Treatment Plants.  (Chris Elias)  (EL-5.7.3, E-2, EL-7)

Recommendation:      Authorize District to enter into a Sole Source Agreement with Burlingame Engineers, Inc. in amount not to exceed $46,000; and delegate authority to CEO to approve and sign Agreement.

18.          Resolution Authorizing Quitclaim of Easement to South County Community Builders, Parcel No. 5015-10.01 (San Jose).  (Marc Klemencic)  (EL-5.9)

i.     Resolution Authorizing Conveyance of Interest in Real Property.

Recommendation:      Adopt Resolution; and authorize CEO to execute Easement Quitclaim Deed.

19.          Board Member Requests Responded to in CEO Bulletin for the Week of June 20-26, 2008.

a.         R-08-0087, Staff is to come back with what can be done to allow temps to apply for internal job postings.  (Jose Peralez)

b.         R-08-0088, Staff is to investigate and come back to the Board with a streamlined process that reduces hiring process times and makes recruitment processes easier on managers and temporary employees. (Jose Peralez)

c.          R-08-0091, Staff to separate the Temporary Employee chart presented during the May 19, 2008 Board meeting into 3 categories--Seasonal, Intern, and Other, and bring back on May 22, 2008 for possible Board motion on Temp Use.  (Jose Peralez)

d.         R-08-0094, Staff is to look at possible MOU with other parties regarding Pacheco Reservoir.  (Keith Whitman)

e.         R-08-0099, Staff is to agendize discussion on whether opportunities exist to work with San Jose Water Company to partner in areas, such as meter reading, that will increase District efficiency.  (Keith Whitman)

f.          R-08-0105, Staff to provide a thorough breakdown of the $700,000 plus funds budgeted for future funding strategies.  (Ann Draper)

20.          Board Member Requests Responded to in CEO Bulletin for the Week of June 27-July 3, 2008.

a.         R-08-0089, R-08-0090, R-08-0091, R-08-0100, R-08-0101, R-08-0109, The Board issued specific directions to reduce the staffing plan and these directions were incorporated in the adopted FY 2008-09 Budget.  Additionally, the Board directed staff to bring back analyses related to temporary staff, student interns and consultants for the Board to have more in-depth discussion.  (Nai Hsueh)

b.         R-08-0102, Staff is to bring back training analysis of who benefits, nature of trainings, etc.  (Gustavo De La Torre)

c.         R-08-0103, Staff is to look into the effectiveness of small business outreach program.  (Melanie Richardson)

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

VI.     NEW BOARD MEMBER REQUESTS.

22.          Clerk Review and Clarification of Requests.

VII.       CLOSED SESSION:

23.          CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Pursuant to Government Code Sections 54956.9(a): Great Oaks Water Co. v. SCVWD (1-05-CV-053142) Great Oaks Water Co. v. SCVWD (1-07-CV-087884)

24.          CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Pursuant to Government Code Sections 54956.9(a): Blue Whale Sailing School v. South Bay Yacht Club et al., SCVWD. (1-07-CV-092750)

VIII.        ADJOURN:

25.          Adjourn to Special Meeting at 7:00 p.m., on July 16, 2008, at George Mayne Elementary School, 5030 North First Street, Alviso, California.