HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, April 28, 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.
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 May 6, 2009.
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.
4.
Red
Flag Identity Theft Policy. (D. McClain) (EL-1, -2.2)
Recommendation: Adopt the resolution adopting an identity theft program ISO
procedure which will provide for implementation of a Red Flag Policy.
Recommendation:
1. Consider
the potential environmental effects of the project as discussed in the South
Bay Salt Pond Restoration Project Final Environmental Impact Statement/Final
Environmental Impact Report (EIS/R).
2. Adopt
the resolution of certain findings for the South Bay Salt Pond Restoration
Project Final Environmental Impact Report/Environmental Impact Statement for
the memorandum of understanding between the District, United States Fish and
Wildlife Service and California Coastal Conservancy to construct the Pond A8 as
applied study that finds that: the Board
has considered the South Bay Salt Pond Restoration Project Final Environmental
Impact Statement/Final Environmental Impact Report for the South Bay Salt Pond
Restoration Project (SBSP Restoration Project) prepared by the California
Department of Fish and Game (DFG) and the U.S. Fish and Wildlife Service (FWS)
in compliance with the California Environmental Quality Act (CEQA); adopts
certain Findings of Fact and a Statement of Overriding Considerations for the
approval of the use of the EIS/R for the construction of the Pond A8 Applied
Study; adopts the Mitigation and Monitoring Plan; and directs staff to fulfill
the obligations therein that are assigned to the District.
3. Approve
in substantially the form attached and authorize the Chief Executive Officer to
execute the Memorandum of Understanding (MOU) among the District, FWS, U.S.
Geological Survey (USGS), DFG, the California Coastal Conservancy
(Conservancy), and Alameda County Flood Control and Water Conservation District
(Alameda County) that governs implementation of the SBSP Restoration Project.
4. Approve
in substantially the form attached and authorize the CEO to execute the
Memorandum of Agreement between the District and FWS that governs
implementation of the Pond A8 Applied Study.
5. Authorize
the CEO to sign the Notice of Determination and file it with the County Clerk's
office and the California Office of Planning and Research.
Recommendation:
1. Adopt
the plans and specifications and authorize advertisement for bids for the
construction of the Rinconada Water Treatment Plant Chemical Systems Upgrade
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.
7.
Board
Planning Calendar. (GP-4)
Recommendation: Discuss the Planning Calendar.
Recommendation:
1. Review
the minutes from the March 20, 2009 meeting of the Audit Ad Hoc Committee.
2. Accept
the recommendations from the Committee:
a. To
continue to proceed with forming the structure for the audit program and to
establish review processes.
b. On
the Committee’s purpose and mission statement -The Audit Ad Hoc Committee of
the Santa Clara Valley Water District is established to assist the Board of
Directors, consistent with direction from the full Board, to develop the
Board’s pilot Management Audit Plan and Program.
c. On
the role of the Board and Committee in developing the audit program:
• The
Board will decide on the Budget and the Potential Performance Audit List (PPAL)
to which the contracted auditor would respond with an estimate of how much can
be accomplished.
• The
Committee will make a recommendation to the Board of what the initial budget
should be.
• The
Board will decide on an up to $50K Budget and estimate how much of the audit
list can be accomplished and make future budget adjustments when and if
necessary.
3. Augment
the Committee’s preliminary identification of District programs, projects,
activities, and/or expenditures for inclusion in the Potential Performance
Audit List (PPAL).
Recommendation:
1. Note
the draft minutes of the February 5, 2009 meeting.
2. Consider
the draft agenda for the May 14, 2009 meeting; and
3. Direct
staff to finalize the agenda, as directed by the Board.
Recommendation:
1. Note
the draft minutes of February 19, 2009 meeting;
2. Consider
the committee's recommendation to construe AB 162 requirements liberally, and
advocate that cities include downstream impacts in their general plans;
3. Consider
the draft agenda for May 21, 2009
meeting; and
4. Direct
staff to finalize the agenda, as directed by the Board.
Recommendation:
1. Note
the draft minutes of February 18, 2009 meeting;
2. Consider
the draft agenda for the May 20, 2009 meeting;
3. Consider
the committee's requests to make the following changes to the committee's 2009
Work Plan:
a. Add
a presentation by staff on the Vision Chapter of the Lower Peninsula Watershed
Stewardship Plans for committee discussion.
b. Provide
committee with copies of:
i. The
District's Ends Policies
ii. CEO
interpretation
iii. Jurisdiction
Issues as presented in Table 2.1
iv. Maps
of all Lower Peninsula watersheds similar to the one for Stevens Creek, if
available.
c. Change
the tour from a combined tour in September to visit only sites within the Lower
Peninsula watersheds; add Stevens Creek trail to the tour; and add the San
Francisquito Trail if that is ready.
d. Add
to the Work Plan and receive a presentation from staff at the May, 2009 meeting
on the Capital Improvement Plan process, with an emphasis on Lower Peninsula
flood control projects.
e. Receive
a briefing on the C3 regulation changes pertaining to impervious surfaces.
4. Additionally,
consider the following committee requests regarding the functioning of the
advisory committees:
a. Notify
the committee when the committee agenda and materials are on the Board's agenda
for consideration.
b. Notify
the committee when its requests are denied with explanatory information
provided about the Board's deliberations.
c. Edit
text on the committee's agenda item, Time Open for Public Comments on Any Item
Not on the Agenda, to amend the last sentence to read, "If action is
requested by the Committee and approved by the Santa Clara Valley Water
District Board of Directors the matter can be placed on the next agenda."
d. A
"Conduct of Meetings" information sheet be prepared for all District
Board advisory committees describing how to present information to the advisory
committees and how matters are placed on advisory committee agendas.
5. Direct
staff to finalize the agenda, as directed by the Board.
Recommendation:
1. Note
the draft minutes of the February 11, 2009 regular Joint Meeting;
2. Consider
the draft agenda for the May 13, 2009 Joint Meeting;
3. Consider
the following committee requests:
a. That
the Board consider placing an item on the drought on the May 13, 2009 meeting
agenda.
b. That
the Board consider a request to receive updates on the following items at
appropriate future meetings: (1)
Guadalupe/West Valley capital improvement projects, (2) status of the
District's budget, (3) update on the Sunnyvale East Channel Project, and (4)
status of Independent Monitoring committee's activities.
c. That
the Board consider better utilization of its committee. The committee suggests that items under Board
consideration be placed on the committee agenda for discussion and to provide
important feedback before a Board decision is made.
d. That
if the Board decides at its March 24, 2009, meeting that a mandatory water
restriction plan is needed, that it considers calling a joint meeting like the
one in November with all the flood control and watershed advisory committees,
including the Water Commission, to get feedback.
4. Direct
staff to finalize the agenda, as directed by the Board.
Recommendation: Review the Board's existing committees and determine whether
new Board Policy GP-8.6 should apply to each committee.
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.
Recommendation: Approve the consultant agreement with EOA, Inc. to develop the
Ecological Monitoring and Assessment Framework and authorize the CEO to execute
the agreement.
16.
Claim
of Elisa Munoz. (D. Cahen) (EL-7.4)
Recommendation: Deny the claim.
Recommendation: Discuss and adopt an amendment to Board Policy EL-7.9, which
would provide for funding of liability reserves at a level of 90 percent
actuarial confidence, with the ability to temporarily drop to reserves at a
level of 80 percent actuarial confidence during a fiscal year.
Recommendation: Find that the Cummins Engine-Generator System should be
designated by specific brand name to obtain a necessary item that is available
from only one source.
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 Rinconada Water Treatment Plant Clarifier Rehabilitation Project.
2. Set
a time and place for the public hearing on the Engineer's Report to occur at
10:00 a.m. on June 9, 2009, at the Santa Clara Valley Water District, 5700
Almaden Expressway, San Jose, California.
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 Pacheco Pumping Plant Adjustable Speed Drive Replacement Project.
2. Set
a time and place for the public hearing on the Engineer's Report to occur at
10:30 a.m. on June 9, 2009, at the Santa Clara Valley Water District, 5700
Almaden Expressway, San Jose, California.
Recommendation: Review the Staff Travel Expense and
Overtime Reports.
i. Budget
Adjustment
Recommendation:
1. Approve
a budget adjustment for the sum of $2,000,000 to fund the necessary initial
expenditures, to complete the design of the Lower Silver Creek Flood Protection
Project, Reaches 4-6.
2. Authorize
the CEO to negotiate, amend and execute a cost-sharing agreement with the
Natural Resource Conservation Service (NRCS).
3. Authorize
the CEO to negotiate all sole source consultant contracts necessary to complete
the design documents for the project as follows:
a.
Parsons Corporation--prime design consultant for Reaches 5 and 6
b. Ruggeri
Jensen Azar and Associates--prime design consultant for Reach 4
c. RMC
Water and Environment--prime consultant for managing Coyote Watershed Program
d. Mark
Thomas and Company--prime consultant for bridge design, Reaches 4, 5 and 6.
a. R-07-0147,
Staff is to prepare a semi-annual overtime report and put on the Board Agenda.
(D. McClain)
b. R-07-0154,
Staff is to provide the Board with a travel expense report for District staff
twice a year. (D. McClain)
c. R-08-0176,
Staff is to begin work for an advanced treated recycled water plant feasibility
study, including infrastructure costs to carry water to recharge and grant
availability. (K. Whitman)
d. R-09-0026,
Staff is to bring back effects of water rationing scenarios on wildlife,
businesses, etc., with regards to the drought. (K. Whitman)
e. R-09-0036,
Staff is to review the list of Board committees and determine Board policy
posting exceptions. (D. Cauble)
f. R-09-0037,
Staff is to schedule a joint meeting with the District and SCRWA Boards to be
held in South County. (S. Oblonsky)
25.
Chief
Executive Officer Report. (EL-9)
VI. NEW BOARD MEMBER REQUESTS.
26.
Clerk
Review and Clarification of Requests.
VII. CLOSED SESSION:
VIII. ADJOURN: