SAN JOSE, CA  95118


Tuesday, February 26, 2008

9:30 AM

I.         CALL TO ORDER:

1.            Roll Call.


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:  Engineer's Report for Rinconada Water Treatment Plant Valves Replacement Project - Project No. 93294045 - Los Gatos.  (Mike Hamer) (EL-1)

i.          Resolution Approving the Engineer's Report and Determining to Proceed With the Rinconada Water Treatment Plant Valves Replacement Project.

Recommendation:      Conduct public hearing and adopt the resolution.


10:00 a.m. - Joint Meeting With SCRWA

4.            Status Update on South County Recycled Water Program and Discussion on South County Recycled Water Charges for Fiscal Year 2009.  (Keith Whitman) (EL-9)

South County Regional Wastewater Authority (SCRWA) Roll Call.

Recommendation: SCRWA and the District Boards receive an update on joint efforts between the two agencies on the South County Recycled Water Program and discuss staff-recommended recycled water charges for Fiscal Year 2009.




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.




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:  November 21, 2007, December 3, 5, 12, 18, 2007, Special Meetings; December 11, 2007, Regular Meeting.  (GP-2.4)

Recommendation:      Approve as presented.

6.            Clarification of Discussion Items for Board's Priorities Work Study on March 5, 2008.  (Rudy Medina) (GP-2.4, -4.2, -5.1.1)

Recommendation:      Clarify the priorities and expected outcome.

7.            Resolution Expressing Congratulations to Marlou Bitcon "2007 Berryessa Community Advisory Council's Citizen of the Year."  (Lauren Keller) (GP-3.1)

Recommendation:      Adopt the resolution.

8.            Recycled Water Partnership with the City of San Jose.  (Keith Whitman) (GP-3.1)

Recommendation: Select three Board Members to serve on joint committee; direct staff to establish and agendize series of joint meetings; and provide direction to committee representatives and staff.

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

Recommendation:      Discuss the Planning Calendar.

10.          Environmental Advisory Committee - Draft Agenda for March 17, 2008, Meeting and Draft Minutes of January 14, 2008, Meeting.  (Rudy Medina) (GP-8)

Recommendation:      Note Draft Minutes and Endorse Draft Agenda.

11.          Board Member Reports.


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.


12.          Review of Fiscal Year 2008, Quarter 2, Total Organizational Performance (TOP) Work Plan Report.  (Mary Ann Ruiz) (BL-1, -3.3, -5.4, EL-9.1)


a.         Review TOP Plan.

b.         Provide Feedback on District Performance.

c.         Accept the Report.

13.          Review of Fiscal Year 2008, Quarter 2, Executive Limitations Monitoring Reports.  (Mary Ann Ruiz) (BL-1, -3.3, -5.4, EL-9.1)

Ends 1-4 (Nai Hsueh)

EL-2 - Treatment of Consumers. (Angelica Cruz)

EL-3 - Treatment of Staff. (Jose Peralez)

EL-5 - Financial Conditions/Activities. (Nai Hsueh)

EL-6 - Emergency CEO Succession. (Gustavo De La Torre)

EL-7 - Asset Protection. (Nai Hsueh)

EL-8 - Compensation and Benefits. (Jose Peralez)

EL-9 - Communication and Support to the Board (Rudy Medina)

EL-10 - Equal Employment Opportunity (Debra Dake)


a.         Accept the Report.

b.         Schedule Future Discussion to Identify Information/Metrics for Future Monitoring Reports.

14.          Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2007.  (Sharon Judkins) (BL-5.4)

Recommendation:      Accept the report.


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 March 9-15, 2008, Groundwater Awareness Week. (Susan Siravo) (E-4)

Recommendation:      Adopt the resolution.


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.          Request From California Trolley and Railroad Corp. (CTRC) to Endorse the Development of the San Jose Steam Railroad Museum Adjacent to the Guadalupe River.  (Beau Goldie) (EL-2.6)

Recommendation: Support concept for museum at proposed site; and authorize Chair to sign proposed letters.

17.          Budget Adjustment for Water Infrastructure Reliability Project Baseline Improvements Spare Pipe Stockpile, Project No. 91795017 to Install Pipe End-Caps and Security Fencing and to Purchase Storage Containers.  (Ray Yep) (EL-5.3)

Recommendation:      Approve budget adjustment for $191,750.

18.          Final Balancing Contract Change Order No. 5 for Santa Teresa Water Treatment Improvement Project, Stage 2, Contract No. C0493, S. J. Amoroso Construction Co., Project No. 93284028 (San Jose).  (Gary Kawaoka) (EL-5.3, -5.7.1)

i.          Budget Adjustment.

Recommendation: Approve budget adjustment and authorize Chair to execute change order net increase, $172,078.

19.          Report of Bids Received and Award of Contract for Crest Building Office Tenant Improvement Project, Contract No. C0538, Project No. 60204016.  (Frank Maitski) (EL-5.7.1)

Recommendation: Ratify addendum; award $375,044 contract; and authorize CEO to approve change orders up to $37,500.

20.          Agreement to Rescind Construction Contract for Heney Creek Pipe Replacement, Contract No. C0536, Project No. 62761002 (Los Altos).  (Beau Goldie) (EL-5.7.1)

Recommendation: Approve rescinding construction contract and authorize CEO to execute a new agreement.

21.          Grant of Option to Acquire Access Easement With Silver Creek Valley, a California Limited Partnership on District Property - (Parcel Nos. 9187-6.03 and 9232-49.01)  (Chris Elias) (EL-5.9)

Recommendation: Authorize the CEO to execute the option agreement and Memorandum of Grant of Option.

22.          Federal Appropriations Request for Federal Fiscal Year 2009.  (Rick Callender) (EL-9.11)

Recommendation: Adopt request and authorize Chair to sign proposed letters to Hon. Dianne Feinstein and Hon. Barbara Boxer.

23.          Renewal of Building Lease for Off-Campus Office Space at 160 Great Oaks Blvd., San Jose.  (Frank Maitski) (EL-5.9)

Recommendation: Authorize CEO to execute the second amendment, or to negotiate a lease under terms authorized by the Board.

24.          Board Member Requests Responded to in CEO Bulletin, February 1-7, 2008.

No BMR responses to report.

25.          Board Member Requests Responded to in CEO Bulletin, February 8-14, 2008.

a.         R-08-0002, Staff to determine how to expedite the whole FAHCE program.  (Keith Whitman)

b.         R-08-0003, Staff to look into possible enforcement strategies and cost comparisons for eliminating creek encampments to reduce continuous cost in Clean, Safe Creeks Program.  (Beau Goldie)

c.         R-08-0004, Staff to look into security and safety issues of trails as Police Department is not able to respond to all calls.  (Ann Draper)

d.         R-08-0010, Staff to bring back information during the annual budget process highlighting programs like Adopt-A-Creek and community grants, so the Board can consider which programs to support.  (Jim Fiedler)

e.         R-08-0011, Staff to bring back clear action plan for FAHCE implementation, costs, directions, staffing, include milestones, timelines, etc.  (Keith Whitman)

26.          Board Member Requests Responded to in CEO Bulletin, February 15-21, 2008.

a.         R-08-0014, Status of Crest Building office upgrades, including number of square feet.  (Frank Maitski)

b.         R-08-0032, Staff to look into cost sharing with cities within County on sand bag program.  (Marc Klemencic)

27.          Chief Executive Officer's Report.


28.          Clerk Review and Clarification of Requests.  (EL-9)


29.          CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8 - Property:  150/160 Great Oaks Blvd. - District Negotiators:  Frank Maitski and Rahn Springer - Negotiating Parties:  Mission West - Ray Marino - Under Negotiation:  Lease Price and Terms of Payment.

30.          PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 Title:  District Counsel.

X.        ADJOURN:

31.          Adjourn to Special Meeting at 9:30 a.m., on March 5, 2008, at Blossom Hill Annex, 1020 Blossom Hill Road, Evergreen Room, San Jose, California.