HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, June 23, 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.
Note the draft minutes of April 20, 2009;
2.
Consider the draft agenda for July 20, 2009;
3.
Consider the requests contained in the April 20, 2009 correspondence to
the Board and staff recommendations:
a. That
the Board consider adopting the following Executive Limitations policies:
i. Proposed
EL-5.XX: The CEO shall not fail to enact
procurement policies that support environmental stewardship to include extended
producer responsibility and the reduction of hazardous and solid waste
generation.
ii. Proposed
EL-5.XX: The CEO shall not fail to
evaluate support of, and/or participate in public and/or private
collaborations, multi-jurisdictional arrangements, and legislative strategies
that support extended producer responsibility in a cost-effective way.
b. That
the Board consider providing the Committee with the following follow-up
actions:
i. Notification
of the Board's action on these proposed Executive Limitations policies;
ii. If
the Executive Limitations are adopted, notification from the staff to the
Committee when the new policies are implemented, what the plans for monitoring,
measurement, and reporting will be, and what implementation steps are being
taken, as well as associated CEO interpretations made, if any;
iii. Once
the implementation strategies have been operational for a year, a brief report
from the staff to the Committee as to how these new strategies and policies are
working; and
iv. Notification
if additional policies on Extended Producer Responsibility are agendized for
Board consideration in the future.
c. That
the Board authorize the Erosive Forces Subcommittee to submit its
recommendations on erosive forces for joint review with staff, highlight areas
of non-consensus, and return to the entire Committee in July 2009; and to
continue discussions on environmental enhancements by the entire Committee in
July 2009; and
4.
Direct staff to finalize the agenda, as directed by the Board.
10:00 a.m.
Recommendation: Continue the June 23, 2009 Public Hearing to July 14, 2009
Board meeting.
10:15 a.m.
Recommendation: Receive and discuss the presentation from the Executive
Director of the San Francisquito Creek Joint Powers Authority.
10:30 a.m.
Recommendation:
1. Conduct
the Public Hearing on Engineer's Report;
2. Adopt
the resolution approving the Engineer's Report for the Rinconada Water
Treatment Plant and Vasona Pump Station Voice and Data Modifications Project;
3. Approve
the project;
4. Adopt
the plans and specifications and authorize advertisement for bids for
construction of the Rinconada Water Treatment Plant and Vasona Pump Station
Voice and Data Modifications Project per Notice to Bidders; and
5. Authorize
the designated engineer to issue addenda, as necessary, during bidding.
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.
7.
Approval
of Minutes: May 12, 2009, Regular
Meeting. (GP-2.4) (L. Knoff)
Recommendation: Approve the Minutes.
Recommendation: Discuss the current policy for Chief level appointments and
provide direction to the CEO regarding any desired modifications to the policy.
Recommendation: Adopt resolution finding a severe fiscal hardship will exist if
additional local property tax revenues are seized and additional unfunded
mandates are adopted by the State of California.
Recommendation: Endorse and join the California League of Cities' "Save
Your City" campaign coalition.
Recommendation:
1. Note
the March 20 and April 9, 2009 draft minutes;
2. Direct
staff to finalize the July 9, 2009 agenda, as directed by the Board; and
3. Consider
the committee recommendations and attached staff recommendations resulting from
the March 20, 2009 special meeting:
a. That
the Board consider implementing a process whereby any committee recommendations
submitted to the Board, but not taken action on, are automatically carried
forward to the next Board of Directors meeting.
b. That
the Board consider authorizing staff to provide the committee with a copy of
the statewide memorandum of understanding addressing best management practices
for water conservation.
c. That
the Board suggest that the Model Ordinance Working Group of the Water
Retailers' Water Conservation Subcommittee, take into consideration the
individual and collective comments made by the Landscape Advisory Committee, as
contained in the March 20, 2009 Draft Landscape Advisory Committee minutes, as
contained herein.
d. That
the Board consider adding model ordinance discussions as a standing item on
upcoming Landscape Advisory Committee agendas; and
e. That
the Board consider authorizing the committee to send a letter to the Water
Retailers' Committee, thanking them for participating in the March 20, 2009,
meeting and suggesting future joint meetings.
Recommendation:
1.
Note the draft minutes of the April 6, 2009 meeting;
2.
Consider the draft agenda for the July 6, 2009 meeting;
3.
Consider the following committee recommendation and attached staff
recommendation to the Board resulting from the April 6, 2009 meeting:
a.
Recommend to the Board that staff's recommendation of increasing the
agricultural water rates to $17.50 per acre foot be accepted with the notation
that the committee is very concerned about constant yearly increases and
suggests the Board be very careful about rates in the future and that increases
be justified; and
4. Direct
staff to finalize the agenda, as directed by the Board.
Recommendation:
1. Note
the draft minutes of April 22, 2009;
2.
Consider the draft agenda for July 22, 2009; and
3.
Direct staff to finalize the agenda, as directed by the Board.
Recommendation:
1. Consider
the February requests and comments of three Flood Control and Watershed
Advisory Committees and associated staff recommendations; and
2. Provide
direction, accordingly, for each of the requests and comments.
15.
2009
Board Planning Calendar. (GP-4)
Recommendation: Discuss the Planning Calendar.
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.
17.
Consideration
of 2009 Community Awareness and Perception Survey Instrument. (E-4)
(S. Siravo)
Recommendation: Review and approve draft 2009 Community Awareness and
Perception Survey Instrument.
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 a $1,020,000 budget adjustment to fund current legal
costs for Fiscal Year End 2008-09.
Recommendation: Deny the claim.
20.
Claim
of Joseph and Sharon Saturnio.
(EL-7.4) (D. Cahen)
Recommendation: Deny the claim.
Recommendation: Adopt positions of "Support" on AB 234 (Huffman), AB
975 (Fong), SB 407 (Padilla), and SB 790 (Pavley).
Recommendation: Adopt positions of "Support" on HR 135 (Linder); HR
1770 (Salizar); S 732 (Akaka); HR 631 (Matheson) HR 700 (Miller); HR 1262
(Oberstar); HR 2442 (Miller); and S 1138 (Feinstein).
Recommendation:
1. Accept the work as complete; and
2. Direct the Clerk to sign the Notice of
Completion of Contract and Acceptance of Work and submit for recording to the
Santa Clara County Clerk-Recorder.
Recommendation:
1. Approve Amendment No. 3 to the consultant
agreement No. A3142G with Camp Dresser & McKee, Inc. for construction
engineering support services for the Rinconada Water Treatment Plant Valves
Replacement Project for a compensation sum not to exceed $30,207; and
2. Authorize the CEO or designee to approve
supplementary services in the amount of $4,800, if needed.
Recommendation:
1. Approve consultant agreement with CH2M Hill,
Inc. to provide engineering services for planning and preliminary design for
the Rinconada Water Treatment Plant Residuals Management Project for a
compensation sum not to exceed $781,198; and
2. Authorize the CEO to sign the agreement with
CH2M Hill, Inc.
Recommendation:
1. Ratify Addenda Nos. 1 and 2 to the contract
documents;
2. Waive minor irregularity in JMB Construction,
Inc.'s bid;
3. Award the contract to JMB Construction, Inc.
in the sum of $1,965,200; and
4. Approve a contingency sum of $245,650 and
authorize the CEO or designee to approve individual change orders up to the
designated amount.
Recommendation:
1. Approve the consultant agreement with Carollo
Engineers, P.C. to provide engineering services for planning and design of the
Rinconada Water Treatment Plant Primary Electrical System Improvement Project
for a compensation sum not to exceed $359,014; and
2. Authorize the CEO to sign the agreement with
Carollo Engineers, P.C.
Recommendation:
1. Authorize the purchase of services specified
in the consultant agreement on a sole source basis; and
2. Authorize the CEO to execute the consultant
agreement authorizing the expenditure of $178,993.36.
Recommendation:
1. Authorize the purchase of personnel services
specified in the proposed three-year San Jose Conservation Corps services
agreement on a sole source basis; and
2. Authorize the CEO to execute the services
agreement to expend (i) a not-to-exceed amount of $448,570 in FY 2010; (ii) The
amount budgeted for the services agreement, if any, in FY 2011 budget; and
(iii) the amount budgeted for the services agreement, if any, in FY 2012
budget.
Recommendation:
1. Adopt
the resolution declaring certain real property to be surplus and authorizing
conveyance of interest in real property to the City of Gilroy;
2. Authorize
the CEO to sign the grant deed;
3. Authorize
the CEO to execute the joint use agreement with the City of Gilroy; and
4. Authorize
the Chair to sign the transmittal letter.
Recommendation: Review and discuss community sponsorships, agency/association
and professional memberships included in the FY 2009-10 budget, and provide
direction, if any, to staff.
Recommendation:
1. Ratify
Addendum Nos. 1 and 2 to the contract documents;
2. Waive
minor irregularity in Lewis and Tibbitts' bid;
3. Award
the contract to Lewis and Tibbitts in the sum of $377,265; and
4. Approve
a contingency sum of $56,568 and authorize the CEO or designee to approve
individual change orders up to designated amounts as follows:
a. Engineering
Unit Manager or Senior Engineer: $5,000;
b. Deputy
Operating Officer (Designated Engineer): $30,000; and
c. CEO:
Up to $56,568.
Recommendation:
1. Approve the consulting agreement with Matrix
Consulting Group to provide consulting services for the Procurement Review and
Analysis Project for compensation not-to-exceed $124,000; and
2. Authorize the CEO to sign the agreement with
Matrix Consulting Group.
Recommendation: Authorize the CEO to enter into a sole source agreement with
Unico Mechanical Corporation for the purchase of replacement parts for existing
custom pumps at Pacheco Pumping Plant.
a. R-09-0047, Staff is to come back with
information about water taken from South County area and pumped elsewhere. (K. Whitman)
a. R-09-0043, Communications staff is to put
together a press release on staff's recommendations on rate increases and
reasons why increased groundwater production charges are necessary. (S. Siravo)
b. R-09-0058, Staff is to draft a policy
statement for Board discussion on water conveyance in light of current delta
issues. (G. Zlotnick)
c. R-09-0064, Staff is to provide Director Santos
with copy of meeting tape in which Director Wilson discussed concerns over
appointing a CEO from the Board. (L.
Knoff)
37.
Chief
Executive Officer Report. (EL-9)
VI. NEW BOARD MEMBER REQUESTS.
38.
Clerk
Review and Clarification of Requests.
VII. CLOSED SESSION:
39.
CONFERENCE
WITH LEGAL COUNSEL-
SIGNIFICANT
EXPOSURE TO LITIGATION
Pursuant
to Government Code Section 54956.9(b):
VIII. ADJOURN: