HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, May 12, 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 or as set by the Chair. 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;
2. Hear
comments from groundwater producers and any interested persons;
3. Continue
the public hearing to May 26, 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.
Recommendation: Set a time and place for the public hearing on the Flood
Control Benefit Assessments for Fiscal Year 2009-2010 to occur at 9:40 a.m. on
June 9, 2009, at the Santa Clara Valley Water District, 5700 Almaden
Expressway, San Jose, California.
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.
5.
Approval
of Minutes: March 24, 2009 Regular Meeting, and April 1 and 10, 2009 Special
Meetings.
Recommendation: Approve the minutes.
6.
2009
Board Planning Calendar. (GP-4)
Recommendation: Discuss the Planning Calendar.
V. 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:
1. Approve
proposed refinements to the Ends Governance Policy E-1.
2. Approve
proposed refinements to the Board-BAO Linkage Governance Policy BL 4.1.
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.
Recommendation:
1. Discuss
implementation of a fee schedule as authorized by the Water Resources Protection Ordinance.
2. Discuss
implementation of license fees for certain uses of District property.
3. I f
desired, direct staff to return with a resolution to adopt a fee schedule for
services and activities.
10.
Claim
of Shivakumar Mathapathi. (D. Cahen) (EL-7.4)
Recommendation: Deny the claim.
11.
Claim
of Peter Astiz. (D. Cahen) (EL-7.4)
Recommendation: Deny the claim.
Recommendation: Review the Staff Travel Expense and
Overtime Reports.
Recommendation: Approve the consultant agreement with Winzler and Kelly
Engineers to provide professional services for design and construction bid
support for the District's Penitencia Water Treatment Plant Maintenance
Building Project, Project No. 93234031 in an amount not to exceed $208,258.
i. Budget
Adjustment
Recommendation: Approve a $788,150 budget adjustment to fund recently approved
Amendment No. 2 to Feasibility Cost-Sharing Agreement No. A 2110 with U.S. Army
Corps of Engineers for Upper Penitencia Creek Flood Protection Project.
Recommendation:
1. Ratify
Addenda No. 1 and No. 2 to the Contract Documents.
2. Award
the Contract to HSR, Inc. in the sum of $1,877,809.
3. Approve
a contingency sum of $300,000 and authorize the Chief Executive Officer (CEO)
or designee to approve individual change orders up to the designated amount as
follows:
Engineering Unit Manager or Senior Engineer:
$5,000.
Deputy Operating Officer (Designated
Engineer): $30,000.
CEO: Up to the total amount of the
contingency.
a. R-08-0183,
Staff is to come back in March 2009 with information on the Summer Boat
Inspection Program, including volunteer inspection by boating
industry/associations and outreach to these groups on reduced use and funding.
(R. Yep)
b. R-09-0038,
Staff is to consult with the City of San Jose to obtain an agreement to invite
the City of Santa Clara City Council and TPAC to the April 23, 2009 joint
meeting with the District Board and the City of San Jose. (K. Whitman)
a. R-00-0039,
Staff is to indicate on CIP projects list information status and progress of
each project. (D. Chesterman)
b. R-09-0042,
Staff needs to include the costs of programs by community on the CIP list of
programs so that the cities and public can see the obligations and benefits
under these programs. (D.
McClain)
18.
Chief
Executive Officer Report. (EL-9)
VII. NEW BOARD MEMBER REQUESTS.
19.
Clerk
Review and Clarification of Requests.
VIII. CLOSED SESSION:
IX. ADJOURN: