HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, January 13, 2009
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.
Recommendation: Chair request that the Clerk of the Board administer the oath
of office to Directors Judge, Santos and Kwok.
4.
Election
of Chair and Vice Chair for Year 2009.
(Lauren Keller) (GP-5.3)
Recommendation: Nominate and elect a new Chair and Vice Chair for the year
2009.
5.
Recognition
of Outgoing Chair, Rosemary Kamei. (Sig
Sanchez)
6.
Comments
by In-Coming Chair.
III. 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.
7.
Resolution
of Appreciation for Olga Martin Steele, Chief Executive Officer (Chair). (GP-1)
Recommendation: Adopt the resolution.
8.
Approval
of Minutes: November 25, 2008 Regular meeting.
(Lauren Keller) (GP-2.4)
Recommendation: Approve the minutes.
Recommendation: Consider the schedule for regular meetings of the Board, and
adopt the resolution setting the time and place of Board meetings if the Board
elects to change the days of its regular meetings.
10.
Review
of Board of Directors' Committee Appointments for 2009. (Lauren Keller) (GP-9)
Recommendation: Review the Board's 2009 committee appointments, and consider
whether or not to make changes.
Recommendation:
1. Note
the Draft Minutes of the November 19, 2008 Joint Flood Control and Watershed
Advisory Committees meeting;
2. Consider
the Draft Agenda for the February 5, 2009 meeting; and
3. Direct
staff to finalize the agenda, as directed by the Board.
Recommendation:
1. Note
the Draft Minutes of November 17, 2008 meeting;
2. Consider
the Draft Agenda for the January 26, 2009 meeting; and
3. Direct
staff to finalize the agenda, as directed by the Board.
Recommendation:
1. Note
the draft minutes of October 22, 2008, meeting;
2. Endorse
the draft agenda for January 28, 2009, meeting;
3. Consider
the following Commission requests:
a. Staff
to provide information to the Commissioners on existing pipelines and sources
of recycled water, to be shared with stakeholders.
b. That
the Board consider aggressive negotiations with the San Francisco Public
Utilities Commission to achieve a better condition of promised water; develop a
back-up plan that would provide an alternate water source in case negotiations
fail or are unfavorable; lobby the Association of Bay Area Governments on the
need to limit the demand for housing based on the available supply of water and
infrastructure; and encourage the Board to pursue legislation which would
assist in meeting the District's future water needs.
c. That
the Board consider pursuing legislation that supports recycled water projects,
C-3 storm water run-off use, and the implementation of water meters for
high-density housing and mobile home communities.
4. Direct
staff to finalize the agenda, as directed by the Board.
IV. 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.
Recommendation:
1. Review
FY09 Quarter 1 Organizational Performance Reports for Capital Program Services,
Administration, Office of Communication and Diversity, Water Utility and
Watersheds;
2. Provide
feedback on District performance; and
3. Accept
the 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.
16.
Chief
Executive Officer Request to Fill Unclassified Positions. (Olga Martin Steele) (EL-3.3)
Recommendation: Authorize the CEO to fill the Deputy Operating
Officer--Guadalupe/Lower Peninsula/West Valley Watershed Division.
Recommendation: Discuss the preliminary groundwater management charge analysis
currently being developed by staff and provide comment.
Recommendation:
1. Authorize
the CEO to acquire in fee a 1,218 square foot parcel from the County of Santa
Clara by executing the Agreement for Sale of Real Property.
2. Authorize
the CEO to accept the Grant Deed.
Recommendation:
Delegate
authorization to the CEO to:
a. Approve
a Fiscal Year 2007-08 year-end closing budget adjustment to bring the final
budget and reserves in alignment with the financial statements currently under
audit; and
b. Approve
a Fiscal Year 2008-09 budget adjustment to reflect the impacts of the prior
year-end close and the rebudget of various funding sources.
Recommendation:
1. Approve
the Consultant Agreement with FME, Inc., for upgrading the District's
Computerized Maintenance Management System in an amount not to exceed $375,550.
2. Authorize
the CEO to execute the Agreement.
Recommendation:
Adopt
the Resolution and authorize the CEO to:
1. Execute
the Quitclaim Deed to Cisco Technology Inc. and
2. Accept
Easement Deed dated June 11, 2008 from Cisco Technology Inc.
22.
Recycled
Water Liaison Committee Status. (Keith
Whitman) (EL-9)
Recommendation: Discuss the District's interest and provide guidance to the
Recycled Water Liaison Committee as well as staff.
Recommendation:
1. Receive
and discuss the update on the District's Dam Safety Program.
2. Delegate
authority to the Chief Executive Officer (CEO) to negotiate and execute an amendment
to the scope of Contract (Agreement) number A3087A with AMEC Geomatrix for
seismic stability evaluation with a new total contract amount not to exceed
$3.5 million.
3. Delegate
authority to the CEO to approve future amendments to the Agreement to extend
its term for up to six (6) additional months, and to approve re-allocation of
funds between tasks that do not result in an increase in total contract amount.
4. Approve
a budget adjustment for $2.0 million from the Operating and Capital Reserve to
fund the unbudgeted amount necessary for the Agreement.
a. R-08-0150,
Staff, to the best of their ability, is to come back with CEO Interpretations
for all remaining Board policies before the current CEO employment agreement
expires. (Mary Ann Ruiz)
b. R-08-0165,
Staff is to revise Governance Process Policy GP-5.2.5 to allow a process by
which Board members can appeal the Chair's decision to authorize a Certificate
of Appreciation in lieu of a Resolution. (Mary Ann Ruiz)
c. R-08-0172,
Staff to come back with an evaluation of process, costs and impacts associated
with Red Horizon's request to purchase traffic allocations adjacent to Norwood
Debris Basin, originally requested on November 14, 2006. (Marc Klemencic)
d. R-08-0181,
Staff is to develop and come back to the Board with an interagency agreement on
graffiti removal. (Beau Goldie)
e. R-08-0182,
Staff is to respond to David Wall's comments during the November 25, 2008 Board
meeting regarding homeless encampments and industrial pollution. Include
information on pretreatment programs. (Frank Maitski)
a. R-08-0088,
Staff is to provide information regarding status of tiered pricing
structure. (Keith Whitman)
b. R-08-0127,
Staff is to review all water policies for any updates and bring back to a
General Policy Review Work Study Session.
For example: Consider at the same
time cross valley pipeline policy; zone of benefit, etc. (Keith Whitman)
c. R-08-0134,
Staff is to investigate what penalties, if any, the District can utilize to
prevent water abuse and bring back information in October. (Keith Whitman)
d. R-08-0139,
Staff is to return to Board with information on the cost of treated water
versus groundwater pump service charge.
This may be a policy issue.
(Keith Whitman)
e. R-08-0127,
Staff is to review all water policies for any updates and bring back to a
General Policy Review Work Study Session.
For example: Consider at the same
time cross valley pipeline policy; zone of benefit, etc. (Keith Whitman)
f. R-08-0158,
Staff is to come back with a full report on the Recycled Water Treatment
Project's proposals and costs that enables the Board to consider alternatives
to meet recycled water supply goals should City of San Jose and City of Santa
Clara partnerships be unfeasible. (Keith Whitman)
g. R-08-0183,
Staff is to come back in March 2009 with information on the Summer Boat
Inspection Program including volunteer inspection by boating
industry/associations and outreach to these groups regarding reduced use and
funding. (Ray Yep)
h. R-08-0184,
Staff is to work proactively to engage the Department of Water Resources and
Bureau of Reclamation as participants in the Del Valle and San Luis Reservoir
Boat Inspection Programs. (Ray Yep)
26.
Chief
Executive Officer Report. (EL-9)
VI. NEW BOARD MEMBER REQUESTS.
27.
Clerk
Review and Clarification of Requests.
VII. CLOSED SESSION:
VIII. ADJOURN: