HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, February 24, 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.
10:00 a.m.
Recommendation:
1. Conduct
public hearing on the engineer's report.
2. Adopt
the resolution approving the engineer's report for the Rinconada Water
Treatment Plant Chemical Systems Upgrade Project.
3. Approve
the project.
10:30 a.m.
4.
Upper
Llagas Creek Flood Protection Project: Proceed with Project Design. (K. Oven)
(EL-5.2)
Recommendation:
1. Direct
the CEO to negotiate with the City of Morgan Hill and U.S. Army Corps of
Engineers to develop a plan for proceeding with the design for the Upper Llagas
Creek Flood Protection Project.
2. Authorize
the CEO to negotiate necessary agreements with the City of Morgan Hill and the
Corps to provide District resources for proceeding with the design for the
Project that will include additional funding from the City of Morgan Hill and
does not exceed a commitment of $6.6 million of District funding.
11:00 a.m.
5.
Board
Work Study Session on Urban Runoff. (F.
Maitski) (EL-9)
Recommendation: Review and discuss the information presented by staff and
provide direction regarding staff activities for urban runoff.
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. Approve
the plans and specifications and authorize advertisement for bids for the
construction of the Penitencia Water Treatment Plant Standby Power System
Upgrade Project per the Notice to Bidders.
2. Authorize
the Designated Engineer to issue addenda, as necessary, during bidding.
Recommendation:
1. Accept
the work as complete.
2. Direct
the Clerk of the Board to sign the Notice of Completion of Contract and
Acceptance of Work and submit for recording to the Santa Clara County
Clerk-Recorder.
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.
Recommendation:
1. Discuss
and provide direction on proposed Governance Policy revisions related to
District Procurement.
2. Approve
modifications to EL-5 as written.
Recommendation:
1. Request
the author of the District legislation to consider removing select provisions
from the legislation to create seven, smaller Board Member districts.
2. Request
the author of the District legislation to forego introduction of the
legislation if the District is unable to obtain satisfactory amendments.
11.
2009
Board Planning Calendar. (GP-4)
Recommendation: Discuss the Planning Calendar.
12.
Recycled
Water Liaison Committee Status Update.
(K. Whitman) (GP-8)
Recommendation: Discuss the District's interest and provide guidance to the Recycled
Water Liaison Committee as well as staff.
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.
14.
Comprehensive
Annual Financial Report for Fiscal Year Ended June 30, 2008. (D. McClain) (BL-5.4)
Recommendation: Accept the report.
Recommendation:
1. Review
FY09 Q1/Q2 Organizational Performance Reports for Capital Program Services,
Administration, Office of Communication, Diversity and Inclusion, Water Utility
Enterprise, and Watershed Operations;
2. Provide
Feedback on District Performance; and
3. Accept
the Reports.
VI. 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.
Fiscal
Year 2009-2010 Budget Development Status. (D. McClain) (EL-4)
Recommendation: Review, discuss and provide direction to the CEO related to
development of the Fiscal Year 2009-2010 budget, if necessary.
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.
Recommendation: Delegate authority to the CEO, or designee, to negotiate,
execute and amend a sole source purchase order with Schneider Electric Services
for materials and services to replace the input/output equipment at the
District's three water treatment plants in amount not to exceed $1.65 million.
Recommendation:
1. Authorize
the CEO to execute the Joint Use Agreement between the District and the City of
San Jose (City) for use of Parcel No. 3015-66 and 101 until December 31, 2010
as a community garden and parking lot.
2. Authorize
the CEO to renew the Joint Use Agreement for additional one-year periods with
the City.
3. Authorize
the Chair to sign the proposed transmittal letter to the City.
20.
Olin
Corporation Claim. (D. Cahen) (EL-7.4)
Recommendation: Deny the claim.
21.
Present
2009-2011 Diversity and Inclusion Master Plan.
(G. De La Torre) (EL-9)
Recommendation: Receive the 2009-2011 Diversity and Inclusion Master Plan
Presentation and provide any comments.
22.
Term
Limits for District Directors. (D. Cauble) (EL-9)
Recommendation: Receive and discuss this report about the steps necessary to
enact limitations on the number of terms a Director of the District may serve,
and provide any desired direction to staff.
Recommendation: Approve recommendation for District to be involved as
co-applicant in grant application.
a. R-09-0001,
Staff is to agendize for the Board a discussion on how the Advisory Committees
function under Board policies; the policies seem to tie the hands of the
Advisory Committees. (M. Ruiz)
b. R-09-0002,
After Board discussion, staff is to agendize at the Landscape Advisory
Committee meeting the committee's roles relative to Board policies. (K.
Whitman)
c. R-09-0010,
Staff is to schedule a Landscape Advisory Committee meeting in February and
agendize drought and voluntary rationing issues. (K. Whitman)
d. R-09-0015,
Staff is to agendize a closed session on the San Luis Delta Mendota Water
Authority and State water contracts. (D. Cauble)
e. R-09-0017,
Staff is to plan a Spring 2010 work study session on the status of the economy
and Campus Master Plan and pursue land availability due to foreclosures, etc.,
for the possible relocation of Corporation Yard, which could include the Lazy
Boy building; also staff is to contact other public agencies to explore
possible share/rent options for Corporation Yard space. K. Oven)
f. R-09-0018,
Staff is to schedule a closed session for the Board to discuss the status of
litigation regarding the Delta. (D. Cauble)
a. R-08-0112,
Staff is to come back with an aquamog equipment evaluation that looks at cost
savings if used, and report back with status in six months. (M. Klemencic)
b. R-08-0123,
Staff is to investigate bringing ethnic and diverse chamber of commerce member
businesses to the District for a vendor fair. (M. Richardson)
c. R-09-0006,
Staff is to ensure Emergency Action Plans for dams are up to date and safety
drills are in place. (C. Elias)
d. R-09-0007,
Staff is to provide the City of Morgan Hill with new inundation maps in light
of reduced storage capacity restrictions imposed by the Division of Safety of
Dams (DSOD) over seismic safety concerns at Anderson Reservoir. (C. Elias)
e. R-09-0008,
Staff is to continue reporting on the progress of seismic safety measures for
District dams. (C. Elias)
f. R-09-0011,
Staff is to investigate the reinstatement of the West Landes Bank Letter of
Credit, circumstances for withdrawal, and other credit options. (D. McClain)
g. R-09-0021,
Staff is to add a briefing on Assembly Bill 162 on all committee agendas. (A.
Draper)
26.
Chief
Executive Officer Report. (EL-9)
a) Confirm Schedule for CEO Interview Process
VII. NEW BOARD MEMBER REQUESTS.
27.
Clerk
Review and Clarification of Requests.
VIII. CLOSED SESSION:
IX. ADJOURN: