HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, March 10, 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.
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. 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.
Recommendation: Adopt the resolution.
5.
Resolution of Appreciation for
Jim Tucker. (M. Ruiz) (GP-3.1)
Recommendation: Adopt the resolution of appreciation for
Jim Tucker.
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.
6.
Discussion of Proposed Provisions
and Board Governance Policy Review. (S.
Judkins) (GP-2.2, 3.2 )
Recommendation: Review the proposed provisions from
pending District legislation and the analysis of the Board's current Governance
Policies, and provide direction to staff.
7.
2009 Board Planning
Calendar. (GP-4)
Recommendation: Discuss the Planning Calendar.
8.
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.
Recommendation:
1. Note
the Draft Minutes of the January 5, 2009 Meetings;
2. Consider
the Draft Agenda for the April 6, 2009 Meeting; and
3. Request
of the Board to receive an update at a future meeting regarding local dams,
specifically Coyote, Anderson and Lenihan (Lexington Reservoir) Dams.
4. Direct
staff to finalize the agenda, as directed by the Board.
Recommendation:
1. Note
the draft minutes;
2. Consider
the proposed draft agenda of the March 20, 2009, special meeting, requested by
the Landscape Advisory Committee, and the draft agenda of the April 9, 2009,
regular meeting;
3. Consider
the following Committee Requests:
a. That
the committee resubmit its January 8, 2009, recommendation to the Board, that
the Board consider allowing the committee to place items on its agenda without
prior Board approval; add additional meetings as deemed necessary by the
committee; and add committee members to the Board agenda and minutes email
distribution lists.
b. That
the Board be aware that committee approved sending up to six of its members
(less than a quorum) to the 10:00 a.m. - 12:00 p.m., March 19, 2009, Water
Retailers Water Conservation Subcommittee meeting, in the District Headquarters
Building Conference Room A143; and has authorized Chairperson Aspeitia to
debrief the Board on the subcommittee
meeting's discussions during the March 24, 2009, Board of Directors meeting.
c. That
the Board consider authorizing a special Landscape Advisory Committee meeting
on March 20, 2009, for the purpose of discussing and formulating a debrief
presentation of the March 19, 2009, Water Retailers Water Conservation
Subcommittee meeting, for the March 24, 2009, Board of Directors meeting.
d. That
the committee request that the Board consider adding a 2009 Landscape Advisory
Committee Work Plan item to "Develop and recommend solutions,
prohibitions, and restrictions on proper water use in landscaping, to be used
by water retailers and other agencies."
e. That
the Board consider adding to a future Landscape Advisory Committee agenda, a
presentation on different pricing structures for water.
f. That
the Board consider, in light of drought conditions, moving forward with the
desalinization program with or without grant funding; and
4. Direct
staff to finalize the agendas, as directed by the Board.
11.
Board Committee Procedures. (D.
Cauble) (GP-8)
Recommendation:
1. Review
a draft Governance Policy regarding voluntary compliance with the Brown Act for
certain Board Committees that would not otherwise be subject to the Act, and
2. Determine
whether to adopt the Policy, with any modifications desired by the Board.
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.
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. 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 Water Efficient Demonstration Garden, and setting
a time and place for the public hearing on the Engineer's Report to occur at
10:00 a.m. on April 14, 2009 at the Santa Clara Valley Water District, 5700
Almaden Expressway, San Jose, California.
Recommendation: Authorize the CEO to execute this Continuation Agreement with
the City of San Jose for continuing the recycled water reimbursement for a
period of approximately four months, i.e., from March 5, 2009 to June 30, 2009.
Recommendation: Authorize the CEO to execute this Second Amendment to Agreement
A3168S with PG&E for additional funding for continuing the Regional
Residential Washing Machine Rebate through June 30, 2010.
17.
Budget Adjustment to Fund the
Bay Area Regional Desalination Project. (K. Whitman) (E-2.7, EL-5.7)
i. Budget adjustment.
Recommendation: Approve a budget adjustment from the Water Utility Enterprise
future year's Capital reserves in the amount of $200,000 to fund a First
Amendment to the Memorandum of Agreement between City and County of San
Francisco Public Utilities Commission, Contra Costa Water District, East Bay
Municipal Utility District and Santa Clara Valley Water District to Pursue the
Environmental Review, Regulatory Permitting, Design Services and Construction
of Pilot Facility for the Bay Area Regional Desalination Project (A3112M) to
address changed circumstances regarding the Proposition 50 Chapter 6(a) grant
for the project.
Recommendation:
1. Review
and discuss the information presented by staff.
2. Review,
modify as necessary, and approve revisions to Ends Policies E-2.2, E-2.4 and
E-2.6 related to stormwater impacts to stream ecosystems and watershed-based
project evaluations, respectively.
3. Review
CEO Interpretations related to Ends Policies E-2.2 concerning erosive forces.
Recommendation: Adopt the resolution.
20.
Environmental Enhancement
Policy Discussion--Board Member Request 08-0149. (A. Draper) (E.-2, -3)
Recommendation:
1. Review,
modify as necessary, and approve revisions to Ends Policies E-3.
2. Review
proposed CEO Interpretations related to Ends E-3.
3. Review
and approve addition of sub-definitions for environmental
enhancement/stewardship activities in Board Governance Policy--Glossary of
Terms.
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: Review, discuss and provide direction to the CEO related to
development of the FY 2009-2010 budget, if necessary.
22.
Claim of Omashola Idowu. (D. Cahen)
(EL-7.4)
Recommendation: Deny the claim.
a. R-08-0188,
Staff to include a discussion on self-evaluation during the Sunshine Policy
Work Study. (M. Ruiz)
b. R-09-0003,
Staff is to provide information on the State Department of Motor Vehicles
Waiver Program, it's application at the District, including a review of
frequent driver classifications for District employees, personnel policies and
procedures, and governance rules for this requirement. (J. Peralez)
c. R-09-0005,
Staff is to place on the agenda for the February 10, 2009 Board of Directors
meeting a discussion of various water conservation scenarios based upon current
outlook, supply and available water purchases, including scenarios for specific
percentages of potential mandatory conservation, information on percentages
implemented from the last drought, as well as further incentives for voluntary conservation.
(K. Whitman)
d. R-09-0012,
Staff is to add information on carbon footprints and potential reductions on
future Board agenda memos for projects. (D.
Chesterman)
e. R-09-0013,
Staff is to provide Director Judge information on erosive forces and extended
producer responsibilities. (C. Elias)
f. R-09-0014,
Staff is to clarify and reword the language on committee agendas relating to
review of committee policy recommendations and requests to the Board for
consideration. (D. Cauble)
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. (G.
De La Torre)
b. R-08-0192,
Staff is to prepare an agenda item for discussion on raw water turnout and
transmission pipeline agreements, including discussion on the corresponding
water rates, rights and monitoring processes. (K. Whitman)
c. R-09-0019,
Staff to add Outcome/Status and Lead/Responsible columns on Appropriations
Requests chart. (R. Callender)
d. R-09-0020,
Staff is to obtain letters of support from cities, commissions, etc. to take
with the Directors for their March 2009 Washington, DC legislative trip. (R.
Callender)
e. R-09-0022,
Staff is to provide information about SSF Bay Emergency Port Access; its role,
partnership, purpose, and lead/responsible, etc. (R. Callender)
25.
Chief Executive Officer
Report. (EL-9)
VIII. NEW BOARD MEMBER REQUESTS.
26.
Clerk Review and Clarification
of Requests.
IX. ADJOURN: