HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, January 27, 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.

9:45 a.m.

3.            Presentation of Independent Monitoring Committee's Annual Oversight Report on Clean, Safe Creeks and Natural Flood Protection Program Fiscal Year 2007-2008.  (Marc Klemencic) (EL-9)

Recommendation:      Receive the report of the Independent Monitoring Committee (IMC) to be presented by the IMC Chair, David Ginsborg, on the committee's review of the Clean, Safe Creeks and Natural Flood Protection Program.

10:00 a.m.

4.            Public Hearing--Engineer's Report on Penitencia Water Treatment Plant Backwash Pump Replacement Project, Project No. 93234036 (San Jose).  (Dave Chesterman)  (E-2.1)

Recommendation:

1.        Conduct Public Hearing on the Engineer's Report.

2.        Adopt the Resolution Approving the Engineer's Report for the Penitencia Water Treatment Plant Backwash Pump Replacement Project.

3.        Approve the Project.

10:30 a.m.

5.            Public Hearing--Engineer's Report and Project Approval--Water Treatment Plant Input/Output Cards and Trunk Cables Upgrade Project, Project No. 93084009 (Los Gatos, San Jose). (Dave Chesterman) (E-2.1)

Recommendation:

1.        Conduct Public Hearing on the Engineer's Report.

2.        Adopt the Resolution approving the Engineer's Report for the Water Treatment Plant Input/Output Cards and Trunk Cables Upgrade Project.

3.        Approve the Project.

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.

 

6.            Approval of Plans and Specifications and Advertisement for Bids for Construction of the Rinconada Water Treatment Plant Valves Replacement Project, Project No. 93294045 (Los Gatos).  (Dave Chesterman)  (EL-9)

Recommendation:

1.        Adopt the plans and specifications and authorize advertisement for bids for the construction of the Rinconada Water Treatment Plant Valves Replacement Project per the Notice to the Bidders.

2.        Authorize the Designated Engineer to issue addenda, as necessary, to the contract documents during bidding.

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.

 

7.            Request from Daniel and Wendy Musso for Exemption from W-5 Groundwater Charge Zone for Wells 10S03E29J002, 10S03E29K001 (inactive) and 10S03E29Q006.  (Keith Whitman) (District Act Section 3)

Recommendation:      Approve staff recommendation to retain Wells 10S03E29J002, 10S03E29K001 (inactive) and 10S03E29Q006 in the W-5 Groundwater Charge Zone (APN No. 756-29-005).

8.            Governance Policy Review.  (Mary Ann Ruiz)  (GP-2.2, -3.2)

Recommendation:

1.     Approve new Governance Policies previously reviewed during the Board's December 23, 2008 meeting.

2.     Review, modify as necessary, and approve revision to Governance Process Policy GP-10.3.1 related to per diem compensation for ethics training.

9.            Annual Board Agenda Planning for 2009.  (Mary Ann Ruiz) (GP-4.2)

Recommendation:      Review and discuss the Board's agenda and goals for 2009.

10.          2009 Board Planning Calendar. (GP-4)

Recommendation:      Discuss the Planning Calendar.

11.          Landscape Advisory Committee--Draft Minutes of January 8, 2009 Meeting,  Draft Agenda of February 2009 Special Meeting, and Consideration of Committee Recommendations and Requests to Board.  (Keith Whitman)   (GP-8)

Recommendation:

1.      Note the draft minutes;

2.      Consider the proposed draft agenda;

3.      Consider the following Committee Requests:

a.      Allow the Committee to place items on their agenda without prior Board approval;

b.      Allow the Committee to add additional meetings as deemed necessary by the Committee; 

c.      Direct staff to add Committee members to the Board agenda and minutes email distribution lists;

d.      Add the value of landscaping to an upcoming LAC agenda;

e.      Approve a February 2009 special Committee meeting to discuss drought contingencies and water conservation for all water use; and

4.      Direct staff to finalize the agenda, as directed by the Board.

12.          Guadalupe/West Valley Flood Control and Watershed Advisory Committee--Draft Minutes of November 19, 2008 Joint Flood Control and Watershed Advisory Committees Meeting and Draft Agenda for February 11, 2009 Guadalupe/West Valley Flood Control and Watershed Advisory Committee Meeting.  (Marc Klemencic)  (GP-8)

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 11, 2009 Guadalupe/West Valley Flood Control and Watershed Advisory meeting; and

3.      Direct staff to finalize the agenda, as directed by the Board.

13.          Lower Peninsula Flood Control and Watershed Advisory Committee--Draft Minutes of November 19, 2008 Joint Flood Control and Watershed Advisory Committees Meeting and Draft Agenda for February 18, 2009 Lower Peninsula Flood Control and Watershed Advisory Committees Meeting.  (Marc Klemencic)  (GP-8)

Recommendation:

1.      Note the draft minutes of November 19, 2008 Joint Flood Control and Watershed Advisory Committees meeting.

2.      Consider the draft agenda for the February 18, 2009 Lower Peninsula Flood Control and Watershed Advisory Committee meeting; and

3.      Direct staff to finalize the agenda, as directed by the Board.

14.          Coyote Flood Control and Watershed Advisory Committee--Draft Minutes of November 19, 2008 Joint Flood Control and Watershed Advisory Committees Meeting and Draft Agenda for February 19, 2009 Coyote Flood Control and Watershed Advisory Committee Meeting.  (Marc Klemencic)  (GP-8)

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 19, 2009 meeting; and

3.      Direct staff to finalize the agenda, as directed by the Board.

15.          2009 Flood Control and Watershed Advisory Committee Nominations and Resolution of Appreciation for Outgoing Committee Member.  (Lauren Keller)  (GP-9)

Recommendation:

1.      Approve the nominations for appointment and reappointment of members of the Flood Control and Watershed Advisory Committees; and

2.      Adopt Resolution of Appreciation for outgoing Committee member.

16.          2009 Santa Clara Valley Water Commission Nominations and Resolutions of Appreciation for Outgoing Commission Members. (Lauren Keller)  (GP-9)

Recommendation:

1.      Approve the nominations for appointment and reappointment of members of the Santa Clara Valley Water Commission ; and

2.      Adopt Resolutions of Appreciation for outgoing Commission members.

17.          Review of Board of Directors' Committee Appointments for 2009 (Continued from January 13, 2009).  (Lauren Keller)  (GP-9)

Recommendation:      Review the Board's 2009 committee appointments, and consider whether or not to make changes.

18.          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.

 

19.          Resolution to Consider Undertaking a Work of Improvement and Set a Public Hearing on Engineer's Report--Rinconada Water Treatment Plant Chemical Systems Upgrade Project, Project No. 93294029 (Los Gatos).  (Dave Chesterman) (EL-7, E-2.1)

Recommendation:

1.        Adopt the Resolution specifying intent to consider undertaking a work of improvement for the Rinconada Water Treatment Plant Chemical Systems Upgrade Project.

2.        If the Board adopts the Resolution, then set a time and place for the public hearing on the Engineer's Report to occur at 10:00 a.m. on February 24, 2009, at the Santa Clara Valley Water District, 5700 Almaden Expressway, San Jose, California.

20.          Resolution Providing for Compensation of Interim Chief Executive Officer (Jose Peralez) (EL-8.1, BL-1.2 )

Recommendation:      Adopt the resolution establishing the compensation for the Interim Chief Executive Officer, an Unclassified Employee Appointed by the Board of Directors of the Santa Clara Valley Water District, during her term of service in that position.

21.          Update of District's Campus Planning Project (Continued from November 12, 2008).  (Katherine Oven)  (EL-9)

Recommendation:      Receive information from staff on recent project accomplishments, review staff's proposed next steps, and provide further direction on this project.

22.          State and Federal Legislative Priorities, Guiding Principles and Federal Appropriation Requests and Priorities for Fiscal Year 2010.  (Rick Callender)  (EL-9.9)

Recommendation:

1.        Accept staff's recommended legislative priorities and guiding principles for the first year of a two-year legislative session in Sacramento and for the 111th Congress.

2.        Adopt staff's recommended federal Fiscal Year 2010 appropriation requests and project priorities for District-sponsored and District-supported projects.

23.          CEO Bulletin for the Week of January 9-15, 2009, including the following responses to Board Member Requests:

a.        R-08-0178, Staff is to come back with information on municipal enforcement methods for water misuse and water retailer deterrents to excessive water use. (Keith Whitman)

24.          CEO Bulletin for the Week of January 16-22, 2009, including the following responses to Board Member Requests:

a.        R-08-0170, Staff is to come back during December 2008 or January 2009, with a summary of Diversity Council goals and objectives, including timelines for completion. (Gustavo De La Torre)

b.        R-08-0189, Staff is to include in the monthly Water Tracker Report a summary of imported water transactions and related issues.  (Keith Whitman)

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

VI.     NEW BOARD MEMBER REQUESTS.

26.          Clerk Review and Clarification of Requests.

VII.       CLOSED SESSION:

27.          CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 Agency Designated Representative: Board Chair Unrepresented Employee: Chief Executive Officer

VIII.        ADJOURN:

28.          Adjourn to Regular Meeting at 9:30 a.m., February 10, 2009, at District Headquarters, 5700 Almaden Expressway, San Jose, California.