HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, March 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.

9:45 a.m.

3.            Presentation of 2008 Board Advisory Committee Accomplishments Reports by Committee Chairs. (M. Klemencic/J. Fiedler/M. Ruiz) (GP-8)

Recommendation:      Receive the 2008 Accomplishments Reports as presented by the Board Advisory Committee Chairs of the following committees:

Agricultural Water Advisory Committee

Environmental Advisory Committee

Coyote Flood Control and Watershed Advisory Committee

Guadalupe/West Valley Flood Control and Watershed Advisory Committee

Lower Peninsula Flood Control and Watershed Advisory Committee

Water Commission

10:00 a.m.

4.            Viewing of DVD Entitled "Broken Harvest II," California Water Crisis, California Farm Bureau Federation.

10:15 a.m.

5.            Water Conservation Resolution and Drought Activities. (K. Whitman) (E-2.1.2, -2.1.8)

Recommendation:

1.      Adopt a resolution calling for 15 percent mandatory water conservation for the remainder of calendar year 2009, consistent with 2009 drought contingency planning and analysis and the 2005 Urban Water Management Plan.

2.      The Board Chair sign a letter to the mayors of 15 towns and cities in Santa Clara County urging them to take immediate actions to achieve conservation savings.

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.

 

6.            Approval of Plans and Specifications and Advertisement for Bids for Construction of Jacques Gulch Restoration Project, Project No. 91854002 (Santa Clara County).  (M. Klemencic) (EL-9.8)

Recommendation:

1.      Adopt the plans and specifications and authorize advertisement for bids for the construction of the Jacques Gulch Restoration Project per the Notice to Bidders.

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

7.            Resolution Authorizing Application for Funding and Execution of Agreement for Gold Street Educational Center with California Department of Water Resources for California River Parkways Grant Program Funds (Proposition 84). (R. Callender) (EL-9.8)

Recommendation:

1.      Adopt the attached resolution by the Board of Directors of the Santa Clara Valley Water District approving the application for grant funds for the California River Parkways Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control River and Coastal Protection Bond Act of 2006 for construction of the Gold Street Educational Center Project.

2.      Authorize the CEO to enter into a funding agreement with the California Department of Water Resources if a grant is offered to the District for the project, provided all legal requirements have been met.

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.

 

8.            Approval of Minutes: January 27, 2009 Regular Meeting. (L. Knoff) (GP-2.4)

Recommendation:

Approve the minutes.

9.            Adoption of Policy Language in Board Governance Policies. (S. Judkins) (GP-2.3, -3.2)

Recommendation:

1. Review and approve the adopted AB 466 policy language in the Board Governance Policies, as directed by the Board at the March 10, 2009 meeting; and

2. Approve partial implementation of the 10 day public availability of reports by May 12 and complete implementation by June 1, 2009.

10.          Discussion of Assembly Bill 466, Including Costs Associated with Redistricting. (R. Callender) (GP-3.1)

Recommendation:

Discuss pending District-sponsored legislation Assembly Bill 466, including additional information regarding costs associated with a redistricting effort that would be required as part of AB 466.

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 and staff.

13.          2009-2010 Flood Control and Watershed Advisory Committee and Landscape Advisory Committee Nominations.  (L. Knoff) (GP-8)

Recommendation:      Approve the nominations for appointment and reappointment of members of the Flood Control and Watershed Advisory Committees and the Landscape Advisory Committee.

14.          2009-2010 Santa Clara Valley Water Commission Nominations. (L. Knoff) (GP-8)

Recommendation:      Approve the nominations for appointment and reappointment of members of the Santa Clara Valley Water Commission.

15.          Santa Clara Valley Water Commission--Draft Minutes of January 28, 2009 Meeting, Draft Agenda for April 22, 2009 Meeting, and Consideration of Commission Requests. (M. Ruiz) (GP-8)

Recommendation:

1.      Note the draft minutes of January 28, 2009 meeting;

2.      Endorse the draft agenda for April 22, 2009 meeting;

3.      Have staff add to the 2009 Water Commission Work Plan a discussion of AB 1881;

4.      Consider:

a)      Inviting the San Francisco Public Utilities Commission to give a presentation to the Commission on the challenges they are facing with regard to supply and delivery.

b)      Implementing proposed Groundwater Charge Scenario 6 calling for a ten percent demand reduction, and cutting an additional $12 million from the District's budget.

c)      Encouraging retailers to use cost incentives for pricing, including tiered pricing and the use of recycled water.

d)      Implementing gray water use for irrigation.

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

16.          Environmental Advisory Committee--Draft Minutes of January 26, 2009 Meeting, Draft Agenda for April 20, 2009 Meeting, and Consideration of Committee Recommendations and Requests to Board.  (A. Draper) (GP-8)

Recommendation:

1.        Note the draft minutes of the January 26, 2009 meeting.

2.        Consider the draft agenda for the April 20, 2009 meeting.

3.        Consider the Committee's request to agendize on a future committee agenda a presentation on other organizations that use Carver Policy Governance (R) Model and how they utilize their committees.

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

17.          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.

 

18.          Resolution to Consider Undertaking a Work of Improvement and Setting a Public Hearing on Engineer's Report--South Campus Water Delivery, Project No. 60204016 (San Jose). (M. Richardson) (EL-7)

Recommendation:

1.        Adopt the resolution specifying intention to consider undertaking a work of improvement and providing for the notice of time and place of public hearing for the South Campus Water Delivery Project.

2.        Set 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.

19.          Recommended Positions on State Legislation: ACA 9 (Huffman); AB 19 (Ruskin); AB 283 (Chesbro); AB 900 (DeLeon); AB 1061 (Lieu); and SB 26 (Simitian).  (R. Callender) (EL-9.9)

Recommendation:      Adopt a position of "Support" on ACA 9 (Huffman), AB 19 (Ruskin), AB 283 (Chesbro), AB 900 (DeLeon), AB 1061 (Lieu) and SB 26 (Simitian).

20.          Report of Vacant Positions (Classified and Unclassified). (S. Judkins) (EL-9)

Recommendation:      Receive the information.

21.          Term Limits for District Directors (Continued from February 24, 2009). (D. Cauble) (EL-9)

Recommendation:      Receive and discuss 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.

22.          Update on Boating Inspection Programs to Protect Against Invasive Mussels. (R. Yep) (EL-9)

Recommendation:      Accept the status report of the boating inspection programs to protect against invasive mussels.

23.          CEO Bulletin for the Week of March 6-12, 2009: : No Board Member Requests were responded to this week.

24.          CEO Bulletin for the Week of March 13-19, 2009, including the following responses to Board Member Requests:

a.      R-08-0149, Staff is to come back with an environmental enhancement policy for Board review. (A. Draper)

b.      R-09-0024, Staff is to be ready to provide information to the Board at a meeting in March for action on mandatory rationing. (K. Whitman)

c.      R-09-0026, Staff is to bring back effects of water rationing scenarios on wildlife, businesses, etc., with regards to the drought. (K. Whitman)

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

a.    CEO Recruitment Update.

VI.     NEW BOARD MEMBER REQUESTS.

26.          Clerk Review and Clarification of Requests.

VII.       CLOSED SESSION:

27.          CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Pursuant to Government Code Sections 54956.9(a) Great Oaks Water Co. v. SCVWD (1-05-CV-053142).

28.          CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(b)(1): One Matter.

VIII.        ADJOURN:

29.          Adjourn to Special Meeting at 9:30 a.m., April 1, 2009, at District Headquarters, 5700 Almaden Expressway, San Jose, California.