Tuesday, November 02, 2004

9:30 AM

CALL TO ORDER:

1. Roll Call.

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.

CONSENT CALENDAR:

NOTICE TO THE PUBLIC

The consent calendar is acted upon at this point. The following items are considered to be routine by the Board, including items requiring ministerial approval for legal purposes, and will be adopted by one motion without discussion. Any item may be severed for separate consideration at the request of the Board, staff, or the public. Whenever a resolution is on the consent calendar, a roll call vote will be taken on the entire calendar.

3. Approval of Minutes - September 7, 9 and 21, 2004.

4. Resolution Authorizing the Chief Executive Officer to Expand Existing PG&E Easement by Accepting Quitclaim Deed From PG&E and Conveying New Easement Deed to PG&E (San Jose). (D. Chesterman)

5. Right of Way Agreement and Grant Deed with Frances B. Nichols, Trustee, For Upper Guadalupe River Project, Reach 6 (San Jose). (D. Chesterman/K. Oven)

CORRESPONDENCE:

6. Proposed Response to Letter Received September 21, 2004, From Greg Ryan, Z-Best Products Regarding Request for Reduction on Flood Control Benefit Assessment and Clean, Safe Creeks Special Tax. (D. Cauble)

APPROVAL ITEMS:

7. Claim of Swie-In Tan. (R. Whipp)

8. Report on the Fulfillment of Mitigation Measures Contained in the Mitigated Negative Declaration (1998, MND and 2002 Addendum to the MND) for the Penitencia Water Treatment Plant, Water Treatment Improvement Project - Stage 2 (San Jose) and Contract Change Order to Remove Wash Water Clarification Facility From Penitencia Water Treatment Plant Improvement Project – Stage 2 Construction Project. (N. Hsueh)

9. Visual Screening at the Penitencia Water Treatment Plant and Visual Screening and Erosion Control at the Santa Teresa Water Treatment Plant. (G. Kawaoka)

i. Consultant Agreement With Stevens and Associates, Architecture and Landscape Consultants.

ii. Budget Adjustment for Penitencia Project.

iii. Budget Adjustment for Santa Teresa Project.

10. Resolution Providing for the Compensation of the Chief Executive Officer, an Unclassified Employee Appointed by the Board of Directors of the Santa Clara Valley Water District (Continued From Previous Meetings). (J. Peralez)

CHIEF EXECUTIVE OFFICER:

11. Chief Executive Officer's Report.

12. Chief Executive Officer's Bulletin.

BOARD OF DIRECTORS:

13. Status of Proposed Response to Great Oaks Water Company. (M. Richardson)

14. Clean Safe Creeks and Natural Flood Protection Independent Monitoring Committee - Draft Minutes of May 24, 2004 Meeting and Draft Agenda for November 8, 2004 Meeting. (C. Elias)

15. Guadalupe/West Valley Flood Control and Watershed Advisory Committee - Draft Minutes of September 8, 2004 Meeting and Project Tour; and Draft Agenda for November 10, 2004 Meeting. (C. Elias)

16. Lower Peninsula Flood Control and Watershed Advisory Committee - Draft Minutes of September 15, 2004 Meeting and Draft Agenda for November 17, 2004 Meeting. (C. Elias)

17. Uvas/Llagas Flood Control and Watershed Advisory Committee - Draft Minutes of September 2 2004 Meeting and Draft Agenda for November 10, 2004 Meeting. (C. Elias)

18. Board Member Reports.

19. Other Business.

20. 2004 Board Planning Calendar.

21. Board Activity Calendars: November and December 2004.

DISTRICT COUNSEL:

22. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION; Significant Exposure to Litigation; Pursuant to Government Code Section 54956.9; 30-40 Cases.

23. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957; Title: Chief Executive Officer - Annual Evaluation (Continued From Previous Meetings).

ADJOURN:

24. Adjourn to Next Regular Meeting at 9:30 a.m., on November 16, 2004, at District Headquarters, 5700 Almaden Expressway, San Jose, California.