HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, February 10, 2009
9:30 AM
I. CALL TO ORDER:
1.
Roll
Call.
Recommendation:
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.
10:00 a.m.
3.
2009
Water Supply Outlook and Contingency Planning. (K. Whitman) (EL-9, -9.2)
Recommendation: Receive information regarding the water supply outlook, the
estimated range of water supplies and projected demand for year 2009, and
potential Contingency Plan actions to be considered for adoption by the Board
at the March 24, 2009 Board meeting.
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-9.8), 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.
Recommendation:
1. Adopt
the Resolution Calling a Public Hearing to Consider Comments From Property
Owners on the Report on the Activities in the Protection and Augmentation of
the Water Supplies of the District, March, 2008; and,
2. Set
time and place for public hearing.
Recommendation:
1. Adopt
the plans and specifications and authorize advertisement for bids for the
construction of the Penitencia Water Treatment Plant Backwash Pump Replacement
Project per the Notice to Bidders.
2. Authorize
the Designated Engineer to issue addenda, as necessary, 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.
Recommendation: Approve the minutes.
7.
2009
Board Planning Calendar. (GP-4)
Recommendation: Discuss Planning Calendar.
8.
Recycled
Water Liaison Committee Status. (K. Whitman)
(GP-8)
Recommendation: Discuss the District's interest and provide guidance to the
Recycled Water Liaison Committee as well as staff.
Recommendation:
1. Work
with Assembly Member Coto on incorporating revisions to legislation to create
seven smaller Board Member districts.
2. Agree
to place on the November 2010 ballot a measure to allow voters to limit Board
Members to three successive four-year terms, with an option to return after one
term and direct staff to prepare the necessary documents for Board action at
the appropriate time.
V. 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.
11.
Chief
Executive Officer Recruitment Update. (S. Judkins) (BL-1)
Recommendation: Receive an update on the status of the CEO recruitment and
review the consultant's proposed schedule, and provide direction to the Interim
CEO as appropriate.
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.
Recommendation: Adopt the Resolution specifying intent to consider undertaking
a work of improvement for the Coyote Percolation Dam Improvement Project.
Recommendation: Authorize the Chief Executive Officer to execute this amendment
to the contract for continuing the facilitating service and technical expertise
for the Recycled Water Liaison Committee.
VII. 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.
Recommendation:
1. Approve
Amendment #4 to Memorandum of Agreement with California Coastal Conservancy to
modify the timing of payment to the Conservancy to pay for consultant
services.
2. Authorize
CEO to execute Amendment #4 to Memorandum of Agreement with California Coastal
Conservancy.
Recommendation:
1. Approve
Amendment No. 2 to Feasibility Cost-Sharing Agreement A2110, increasing the
District's financial obligation by the sum of $788,150.
2. Authorize
the CEO to execute Amendment No. 2 to Feasibility Cost-Sharing Agreement A2110
with the U.S. Army Corps of Engineers.
i. Budget
Adjustment.
Recommendation:
1. Approve
the Budget Adjustment for $275,000 to fund the proposed Consultant Agreement with TRC Solutions, Inc.
2. Approve
the Consultant Agreement with TRC Solutions, Inc. to provide professional services for planning, design and
construction bid support for the District's Water Infrastructure Protection
Project, Project No. 94084005.
17.
Status
Report: 2009 Imported Water Transfers and Exchanges. (G. Zlotnick) (EL-5.2.6)
Recommendation: None. This is an informational item only.
Recommendation: Receive information on the Santa Clara Valley Habitat
Conservation Plan (Valley HP) and the Three Creeks Habitat Conservation Plan
(Three Creeks HCP) and provide direction for the Elected Officials Liaison
Group on February 19, 2009.
a. R-06-0130,
Staff is to provide the Board with safeguards as triggers that will be put into
place to flag against spending over budget relative to contracts and
agreements. (Melanie Richardson)
b. R-08-0149,
Staff is to come back with environmental enhancement policies for Board review.
(Ann Draper)
c. R-08-0162,
Staff is to bring back a discussion with information regarding the water
quality lab's ability to bid on and accept outside work. (Ray Yep)
d. R-08-0164,
Staff is to close out older BMRs and provide a status on others that cannot be
closed that addresses why they are delayed and when they will be completed.
(Mary Ann Ruiz)
e. R-09-0004,
Staff is to look at the possibility of a separate drought surcharge with
retailer input. (Deborah McClain)
a. R-06-0130,
Staff to provide the board with safeguards as triggers that will be put into
place to flag against spending over budget relative to contracts and
agreements. (Melanie Richardson)
b. R-06-0155,
Staff is to come back with information on comparator agencies' diversity and
inclusion statistics, particulary as they relate to promotion. (Gustavo De La
Torre)
c. R-08-0053,
Staff is to consider cost effective method for addressing the rising health
insurance costs, including a cash-in-lieu-of-benefits program that allow
employees covered by partner/spouse to opt out for cash. (Jose Peralez)
d. R-08-0182,
Staff is to respond to David Wall's comments made during the November 25, 2008
Board meeting regarding homeless encampments and industrial pollution. Include
information on Pretreatment Programs. (Frank Maitski)
e. R-08-0190,
Staff is to include in the Fiscal Year 2009-2010 budget process a discussion of
holiday event planning. (Marc Klemencic)
f. R-08-0191,
Staff is to work with Director Kwok to revise the Consultant Agreement
Justification Form so that it contains information deemed pertinent by Director
Kwok; and to assure that the revised Consultant Agreement Justification Form is
used consistently in all future proposals to the Board. (Melanie Richardson)
g. R-09-0009,
Staff is to follow up with the Santa Clara County Office of Emergency Services
regarding the emergency action plan. (Frank Maitski)
h. R-09-0016,
Staff is to look at the possibility of retrofitting heavy equipment vs.
purchasing new heavy equipment. (Art Taylor)
21.
Chief
Executive Officer Report. (EL-9)
VIII. NEW BOARD MEMBER REQUESTS.
22.
Clerk
Review and Clarification of Requests.
IX. CLOSED SESSION:
X. ADJOURN: