SAN JOSE, CA  95118


Tuesday, May 26, 2009

9:30 AM

I.         CALL TO ORDER:

1.            Roll Call.


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.

3.            Public Hearing--Annual Report on Protection and Augmentation of Water Supplies for 2009 and Recommended Groundwater Production Charges for Fiscal Year 2009-2010 (Continued from May 12, 2009).  (D. Taylor) (EL-4)


1.  Hold a public hearing pursuant to Section 26.6 of the District Act;

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

3.  Continue public hearing to May 27, 2009 special meeting.


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.


4.            Approval of Minutes: April 16, 17, 20, 21 and 23, 2009 and May 4, 6, and 7, 2009 Special meetings, and April 14 and 28, 2009 Regular meeting.   (L. Knoff) (GP-2.4)

Recommendation:      Approve the minutes.

5.            2009 Board Planning Calendar. (GP-4)

Recommendation:      Discuss the Planning Calendar.

6.            Recycled Water Long-Term Agreement Update. (K. Whitman) (GP-8)

Recommendation:      Discuss the District's interests and provide guidance to staff.

7.            Reconsideration of Request from Daniel and Wendy Musso for Exemption from W-5 Groundwater Charge Zone for Wells 10S03E29J002 and 10S03E29Q006 (Gilroy). (K. Whitman) (District Act)

Recommendation:      Approve staff recommendation to retain wells in the W-5 Groundwater Charge Zone because the wells benefit from the District's recharge activities.

8.            Board Member Reports.


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.


9.            Chief Executive Officer Appointment and Employment Agreement. (D. Cauble) (BL-1)

Recommendation:      Adopt the resolution appointing Chief Executive Officer and approving Employment Agreement with Beau Goldie.


Items listed in this section are considered by the Board to not be delegated to the CEO and require Board consideration and/or action.


10.          Board Review and Approval of Draft Fiscal Year 2009-2014 Capital Improvement Program (CIP). (B. Goldie) (EL-4.1.1)

Recommendation:      Approve the Draft Fiscal Year 2009-2014 CIP Plan and direct staff to provide the document to cities in Santa Clara County and the County for review as to its consistency with their General Plans.

11.          Budget Adjustment to Continue Fiscal Year 2008-2009 Planning Phase Efforts for Alviso Slough Restoration Project No. 30154029. (K. Oven) (EL-5.1)

i.   Budget Adjustment

Recommendation:      Approve a $200,000 budget adjustment to fund continuing Planning Phase efforts for the Alviso Slough Restoration Project.

12.          Budget Adjustment to Add $445,000 to the Fiscal Year 2008-2009 Approved Project Budget for Adobe Creek Upper Reach 5 Restoration Project No. 10104011 (Los Altos, Town of Los Altos Hills). (K. Oven) (EL-5.1)

i.    Budget Adjustment

Recommendation:      Approve a $445,000 budget adjustment to fund project efforts for the Adobe Creek Upper Reach 5 Restoration Project.

13.          Agreement for Purchase of Real Property from City of San Jose at McLellan and Edwards Avenues for Upper Guadalupe River Flood Protection Project, Reach 6, Parcel No. 3015-546. (K. Oven) (EL-5.14)


1.      Authorize the CEO to execute the Agreement for Purchase of Real Property By and Between the City of San Jose and the District; and

2.      Authorize the CEO to accept the Grant Deed when received from City of San Jose.

14.          Agreement with H.T. Harvey and Associates to Provide Biological Consultant Services to District Projects on an "As Needed" Basis, Including Wildlife, Botany, Fisheries and Wetlands Services. (A. Draper) (EL-5.2.2)

Recommendation:      Approve the Master Biological Services Consultant Agreement with H.T. Harvey and Associates to perform on-call biological services through approved task orders, for an amount not to exceed $1,000,000.

15.          Report of Bids Received and Award of Contract for Penintencia Water Treatment Plant Standby Power System Upgrade Project, Contract No. C0547, Project No. 93234033 (San Jose).  (D. Chesterman) (EL-5.2.1)

i)   Budget Adjustment.


1.        Ratify Addendums No. 1, 2, 3 and 4 to the contract documents;

2.        Approve a budget adjustment in the amount of $404,259;

3.        Award the contract to California Plus Engineering in the sum of $1,560,000; and

4.        Approve a contingency sum of $78,000 and authorize the CEO or designee to approve individual change orders up to the designated amounts.

16.          Consultant Agreement with TRC Solutions Inc. to Provide Professional Services for Planning, Design and Construction Bid Support for District's Water Infrastructure Protection Project, Project No. 94084005 (Continued from March 10, 2009). (D. Chesterman) (EL-5.2.2)

i.   Budget Adjustment


1.        Approve the budget adjustment for $275,000 to fund the proposed Consultant Agreement with TRC Solutions, Inc; and

2.        Approve the Consultant Agreement with TRC Solutions, Inc. to provide professional services for planning, design and construction bid support for the District's Water Infrastructure Protection Project, for a compensated sum not to exceed $345,995.

3.        Authorize CEO to sign Agreement with TRC Solutions, Inc.

17.          Board Review of Proposed Fiscal Year 2009-2010  Operating and Capital Budget. (S. Judkins) (EL-4)

Recommendation:      Review and discuss the proposed budget and provide direction to staff to be included in the District's Adopted Fiscal Year 2009-2010 Operating and Capital Budget.

18.          CEO Bulletin for the Week of May 8-14, 2009, including the following responses to Board Member Requests: There were no responses to Board Member Requests this week.

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


20.          Clerk Review and Clarification of Requests.


21.          CLOSED SESSION THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant to Government Code Section 54957 Consultation with:  Michael Hamer, Assistant Officer


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