HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, April 14, 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.

9:40 a.m.

3.            Public Hearing--Annual Report on Protection and Augmentation of Water Supplies for 2009 and Recommended Groundwater Production Charges for Fiscal Year 2009-2010. (D. Taylor) (EL-4)

Recommendation:

1.      Hold a public hearing pursuant to Section 26.6 of the District Act and direct staff to review the report with, and solicit comments from, the District's advisory committees;

2.      Hear comments from groundwater producers and any interested persons;

3.      Continue the public hearing to April 28, 2009.

10:00 a.m.

4.            Public Hearing--Engineer's Report on South Campus Water Delivery Project, Project No. 60204016, and Resolution Approving the Engineer's Report. (M. Richardson) (EL-7)

Recommendation:

1.      Conduct the public hearing on the engineer's report.

2.      Adopt the resolution approving the engineer's report for the South Campus Water Delivery Project.

3.      Approve the project.

4.      Adopt the plans and specifications and authorize advertisement for bids for construction of the South Campus Water Delivery Project per Notice to Bidders.

5.      Authorize the designated engineer to issue addenda, as necessary, to the contract documents during bidding.

11:30 a.m.

5.            Status Report on Cooperative Efforts Between City of San Jose and Santa Clara Valley Water District. (A. Draper) (GP-3.1)

Recommendation:      Accept the 2008 annual status report on cooperative efforts between the City of San Jose and the Santa Clara Valley Water District relating to:

a.      Flood Protection: Flood Preparedness; Floodwater Management; Dam Safety

b.      Water Supply: Water Supply Outlook; Conservation; Water Recycling

c.      Watershed Protection and Stewardship: Trash Reduction; Habitat Conservation Plan; Trails

d.      Policy/Planning Initiatives: Approved Regulatory Priorities; Protection and Augmentation of the Water Supply; District Comprehensive Plan.

III.       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.            Approval of Minutes: February 10 and 24, 2009, and March 10, 2009 Regular Meetings. (L. Knoff) (GP-2.4)

Recommendation:      Approve the minutes.

7.            2009-2010 Santa Clara Valley Water Commission and Lower Peninsula Flood Control and Watershed Advisory Committee Nominations. (L. Knoff) (GP-8)

Recommendation:      Approve the nominations for reappointment of members of the Santa Clara Valley Water Commission and the Lower Peninsula Flood Control and Watershed Advisory Committee.

8.            2009 Board Planning Calendar. (GP-4)

Recommendation:      Discuss the Planning Calendar.

9.            Independent Monitoring Committee--Draft Minutes of November 6, 2008 Meeting and Draft Agenda for May 7, 2009 Meeting. (M. Klemencic) (GP-8)

Recommendation:

1.    Note the draft minutes of the November 6, 2008 meeting; and

2.    Note the draft agenda for the May 7, 2009 meeting.

10.          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.

11.          Board Member Reports.

IV.       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.

 

12.          Future Storage Projects Under Investigation for Long-Term Water Supply Reliability Benefits. (S. Oblonsky) (E-2.1.4.2, EL-9)

Recommendation:      Discuss the role of surface water storage in the District's long-range supply reliability and receive information on the proposed Los Vaqueros Expansion Project and the investigation of future alternatives for Pacheco Reservoir.

13.          Clean Safe Creeks Program--Expenditure Options for Outcomes 3.2, Environmental Enhancement, and Outcome 4, Trails and Open Space. (A. Draper) (E-3.1, -3.3)

Recommendation:

1.      Approve future expenditure of Clean, Safe Creeks and Natural Flood Protection Program funds within Outcomes 3.2 and 4, including amount of funding and the application of funds to internal and external proposals.

2.      Request Environmental Advisory Committee (EAC) to re-evaluate evaluation criteria for prioritization of future environmental enhancement and trail and open space projects.

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.

 

14.          Presentation of Preliminary Fiscal Year 2009/2010 Five-Year Capital Improvement Program. (B. Goldie) (EL-4.1.1, -4.2.1)

Recommendation:

1.        Review and approve the criteria for prioritizing the four types of capital project that are prioritized by staff.

2.        Review and approve the Preliminary Fiscal Year 2009/10 Five-Year CIP project list.

15.          Joint Use Agreement with City of Palo Alto for Recreational Use of District Property Along San Francisquito Creek Between East Bayshore Road to City of Palo Alto's Baylands Athletic Center. (C. Elias) (EL-5.12)

Recommendation:

1.        Consider the potential environmental effects of the project as discussed in the Mitigated Negative Declaration and Addendum prepared by the City of Palo Alto; and make findings regarding such impacts by adopting the resolution of findings for the mitigated negative declaration and addendum for the San Francisquito Creek Pump Station Installation Project for a joint use agreement with the City of Palo Alto.

2.        Authorize the CEO to execute the Joint Use Agreement with the City of Palo Alto.

3.        Authorize the Chair of the Board of Directors to sign the proposed transmittal letter.

16.          Resolution Authorizing Conveyance of Real Property Interest to City of Campbell for Widening of East Campbell Avenue Bridge Crossing Los Gatos Creek, District Parcel No. 3020-21.01. (C. Elias) (EL-5.12, -5.13)

Recommendation:

1.        Adopt the resolution authorizing conveyance of interest in real property; and

2.        Authorize the CEO to sign the quitclaim deed.

17.          Report of Bids Received and Award of Contract No. C0546 for Penitencia Water Treatment Plant Backwash Pump Replacement Project, No. 93234036. (D. Chesterman) (EL-5.2.1)

Recommendation:

1.      Ratify Addenda No. 1 to the contract documents.

2.      Approve a budget adjustment in the amount of $253,800.

3.      Award the contract to Precision Engineering, Inc. in the sum of $699,000.

4.      Approve a contingency sum of $105,850 and authorize the CEO or designee to approve individual change orders up to the designated amount.

Senior Project Manager: $50,000.

Deputy Operating Officer (Designated Engineer): Up to a total amount of the contingency.

18.          Reports of Bids Received and Award of Contract for Rinconada Water Treatment Plant Valves Replacement Project, Contract No. CO544, Project No. 93294045 (Los Gatos). (D. Chesterman) (EL-5.2.1)

Recommendation:

1.      Ratify Addendum No. 1 to the Contract Documents.

2.      Waive minor irregularity in Mountain Cascade, Inc.'s bid.

3.      Award the Contract to Mountain Cascade, Inc. in the sum of $2,279,699.

4.      Approve a contingency sum of $228,000 and authorize the CEO or designee to approve individual change orders up to the designated amount.

19.          Update on Boating Inspection Programs to Protect Against Invasive Mussels (Continued from March 24, 2009). (R. Yep) (EL-9)

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

20.          Recommended Positions on State Legislation:  AB 419 (Caballero); AB 804 (Hall); AB 815 (Ma); AB 1253 (Fuller); AB 1366 (Feuer); SB 133 (Corbett); SB 806 (Leno); and SCA 18 (Lieu). (R. Callender) (EL-9.9)

Recommendation:      Adopt positions of: "Support" on AB 804 (Hall), AB 1253 (Fuller), AB 1366 (Feuer), SB 133 (Corbett), and SCA 18 (Lieu); and "Oppose" on AB 419 (Caballero), AB 815 (Ma) and SB 806 (Leno).

21.          CEO Bulletin for the Week of March 20-26, 2009, including the following responses to Board Member Requests:

a.        R-09-0023, Staff is to come back with a summary of Community Projects Review Unit work that would not be completed if the Board authorized staff to move forward with conveyance to Red Horizon, and a summary of related timelines. (L. Lee)

b.        R-09-0029, Staff is to clarify Mercury News article regarding Legislative Committee votes, etc. (S. Siravo)

c.        R-09-0030, Staff is to make CD copies for all Board members of the speech from the State of the Valley Conference held on February 20, 2009.  Keynote speaker was Fareed Zakaria of Newsweek. (L. Knoff)

22.          CEO Bulletin for the Week of March 27-April 2, 2009, including the following responses to Board Member Requests:

a.        R-08-0155, Staff is to come back with information on comparator agencies' diversity and inclusion statistics, particularly as they relate to promotion. (G. De La Torre)

b.        R-08-0161, Staff is to investigate expanding the educational intern program to include an annual opportunity for mitigation monitoring, analysis, and reporting functions on the Guadalupe River Project.          (A. Draper)

c.        R-09-0027, Staff is to evaluate how new procurement policy helps small business and whether it speeds things up. (M. Richardson)

d.        R-09-0031, Staff is to prepare Board Committee procedures regarding Brown Act compliance. (D. Cauble)

e.        R-09-0033, Staff is to provide the Board with clear costs for redistricting. (R. Callender)

f.        R-09-0034, Staff is to bring to the Board a report of vacant positions (classified and unclassified) for review. (J. Peralez)

23.          CEO Bulletin for the Week of April 3-9, 2009, including the following responses to Board Member Requests:

a.        R-09-0032, Staff is to provide the Board with South County agencies' participation amounts and total for Santa Clara Valley Urban Runoff Pollution Prevention Program.  (F. Maitski)

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

VI.       NEW BOARD MEMBER REQUESTS.

25.          Clerk Review and Clarification of Requests.

VII.      CLOSED SESSION:

26.          PUBLIC EMPLOYMENT Pursuant to Government Code Section 54957(b) Title:  Chief Executive officer

VIII.     ADJOURN:

27.          Adjourn to Special Meeting at 9:30 a.m., April 16, 2009, at District Headquarters, 5700 Almaden Expressway, San Jose, California.