HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, July 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 or as set by the Chair. If Board action is requested, the matter can
be placed on the next agenda.
9:45 a.m.
3.
Audit
of Water Utility Enterprise Fund for Fiscal Year Ended June 30, 2008. (D.
McClain)
Recommendation: Accept the audit report for the fiscal
year ended June 30, 2008.
10:00 a.m.
Recommendation:
1. Conduct
the public hearing on the Engineer's Report;
2. Adopt
the resolution approving the Engineer's Report on Rinconada Water Treatment
Plant Elevator and Alarm Project; and
3. Approve
the project.
10:15 a.m.
Recommendation:
1. Provide
concurrence to proceed with the proposed Operating Strategy for Uvas and Llagas
Creek water supply facilities as a conservation measure to minimize and
mitigate take of steelhead trout in the Valley HCP; and
2. Support
the proposed operating strategy as a candidate for application of new Streambed
Alteration Permit to replace the existing 1956 Agreement with the CDFG.
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:
1. Consider the previously-adopted Initial
Study/Negative Declaration together with the Third Addendum dated July 2, 2009;
2. Adopt plans and specifications and authorize
advertisement for bids for the construction of the project per the Notice to
Bidders; and
3. 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.
Recommendation: Approve the minutes.
8.
2009
Board Planning Calendar.
Recommendation: Discuss the Planning Calendar.
Recommendation:
Consider
a request from George Chiala to expand his use of surface water from existing
turnouts on Santa Clara Conduit for fire suppression purposes, and:
1. Deny
the request consistent with CEO Interpretation, or
2. Approve the request, with conditions, to allow
the expansion of use for fire suppression.
Recommendation:
1. Adopt
the resolution placing in nomination Director Larry Wilson as a member of ACWA
Region 5 Board; and
2. Discuss
and consider nominating a District Board Member for the position of ACWA
President or Vice President; and
3. If a
nomination is made to an officer position, direct staff to bring back a
resolution of nomination for Board approval.
Recommendation:
Approve nominations for:
1. Appointment
of a member to the Santa Clara Valley Water Commission;
2. Reappointment of a member of the Independent
Monitoring Committee;
3. Reappointment of an at-large member to the
Uvas/Llagas Flood Control and Watershed Advisory Committee;
4. Appointment
of an at-large member to the Lower Peninsula Flood Control and Watershed
Advisory Committee; and
5. Adopt
the resolutions of appreciation.
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. 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 Engineer's Report thereon for the West Pipeline Rehabilitation Project;
and
2. Set
a time and place for the public hearing on the Engineer's Report to occur at
10:00 a.m. on July 28, 2009 at the Santa Clara Valley Water District, 5700
Almaden Expressway, San Jose, California.
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: Approve the CEO's request to fill the position of Deputy
Administrative Officer--Office of Human Resources.
Recommendation:
1. Adopt
the resolution authorizing conveyance of interest in real property;
2. Authorize
the CEO to execute the footbridge easement deed and agreement to the City of
Cupertino; and
3. Authorize
the CEO to execute the amendment to the joint use agreement to terminate the
agreement.
a. R-09-0052,
Staff is to bring back a draft policy for Board discussion to address the
Board's position on recycled water use for streamflow augmentation and
groundwater recharge. (K. Whitman)
b. R-09-0057,
Staff is to agendize a policy discussion on the possibility of Board
confirmation of Chief Officer positions prior to appointment by the CEO. (M.
Ruiz)
c. R-09-0059,
Staff is to address the issue of District presence at events where seats/tables
are purchased. Staff is to ensure alternates are lined up to attend in case of
absences. (R. Callender)
d. R-09-0075,
Staff is to provide the Board with a list of all professional memberships and
sponsorships for the District. (D. McClain)
a. R-09-0049,
Staff to look into holding public hearing on water rates in South County
(Morgan Hill or Gilroy) jointly with City Councils. Staff to ensure, if
separate, it does not fall on Council meeting nights. (R. Callender)
b. R-09-0050,
Staff is to agendize a discussion on treated water being put into the
underground for the Board to consider a position and policy on this issue. (K.
Whitman)
c. R-09-0051,
Staff is to detail costs of each item of Recycle Master Plan as staff moves
forward. Also, show detailed costs for South County so that public is aware.
(K. Whitman)
d. R-09-0054,
Staff is to return to the Board with justification criteria or further
clarification of category for Alviso Slough Restoration Project. (K. Oven)
e. R-09-0055,
Staff is to return to the Board with a proposed amendment to Ends Policy
regarding the District doing recreational enhancements at approval of the
Board, under certain circumstances. (K. Oven)
f. R-09-0069,
Staff is to prepare an official response for Director Kwok to provide the
Saratoga City Council on their inquiry regarding funds to assist cities with
enforcing their water conservation ordinances. (K. Whitman)
g. R-09-0070,
Staff is to deliver a presentation on the water conservation program at a
meeting of the Landscape Advisory Committee. (K. Whitman)
h. R-09-0079,
Staff is to work with the cities to develop more mutually equitable fee
agreements for parcel acquisitions. (K. Oven)
i. R-09-0080,
Staff is to agendize an item for Board discussion on flood protection and
channel management in the Alviso Slough, downstream of the Gold Street Bridge,
including criteria for the Stream Maintenance Program, and information
contained in a memorandum previously provided by staff to the CEO on this
issue. (K. Oven)
a. R-09-0053,
Director Santos requested that staff ensure methods are in place for the
District to remain informed and involved in community meetings of interest to
the District relative to such issues as water treatment facilities planning,
water use, planned growth and land use issues. (R. Callender)
b. R-09-0060, Staff is to solicit input from
elected officials and committees on spending of funds under Measure B. Staff is to inform elected officials and
committee members of where budget and the Capital Improvement Plan are located
on the website. (R. Callender)
c. R-09-0062,
Staff is to provide the Board with recommendations from the report from San
Jose State University entitled "Creating a Diverse Workforce." (G. De
La Torre)
d. R-09-0063,
Staff is to keep the Board apprised of the status of funds expended for on-call
biological services (funds should be stretched over a 2-year period, rather
than one year). (A. Draper)
e. R-09-0066,
Staff is to agendize District's advertising campaigns for Board discussion and
input. (S. Siravo)
f. R-09-0067,
Staff is to provide Director Wilson with a copy of the cost breakdown on the
Alviso Slough Restoration Project. Staff
to meet with him to review the information. (K. Oven)
g. R-09-0068,
Staff is to provide the Board with information on how many of the 15 cities
have complied with water conservation efforts, and share the information at the
upcoming Water Commission meeting. (K. Whitman)
h. R-09-0072,
Staff to provide periodic updates on state legislative consultant activities
and assess the effectiveness of the consultant model used at the state level
compared to the model used at the federal level. The contract should be placed on the list of
items for the Board's Management Auditor to evaluate. (R. Callender)
i. R-09-0073,
District Counsel staff is to provide the Board with a summary report on
litigation and outside counsel services costs. (D. Cauble)
j. R-09-0074,
Staff is to devise methods to consolidate advertising efforts and costs for ads
in multiple languages, i.e., split ads in Chinese, Vietnamese, Spanish, etc.
(S. Siravo)
k. R-09-0077,
Staff is to place on a future agenda a discussion on the Board's policy on
early agenda posting requirements. (L. Knoff)
l. R-09-0078,
Staff is to include a statement in the draft Capital Improvement Project report
regarding the District's practice to pursue voluntary acquisition, whenever
possible, in pursuing land acquisition projects. (D. Chesterman)
m. R-09-0082,
Staff is to examine energy costs in the next year, and investigate possible
future designs of solar, wind, or other alternative power sources for Pacheco
Pumping Plant, including investigating the nearby wind farm for a possible
energy source. (D. Chesterman)
n. R-09-0083,
Staff is to bring back Amendment 2 to Consultant Agreement with Camp, Dresser
& McKee ($18,000, approved June 9, 2009) Rinconada Valve Replacement
Project No. 93294045 (Los Gatos) for further report. (D. Chesterman)
o. R-09-0086,
Staff is to notify Director Kamei when going out to the community on the
Rinconada Water Treatment Plant project. (D. Chesterman)
p. R-09-0087,
R-09-0071, R-08-0185, Staff to agendize a work study session on consultant
selection process as soon as possible, to include contractor historical
performance, selection justification, small/local businesses, legal issues. (M.
Richardson)
19.
Response
to June 16, 2009 Grand Jury Final Reports. (S. Judkins)
Recommendation:
1. Review
and discuss staff's response to the Grand Jury Final Reports Parts 1, 2, 3 and
4 dated June 16, 2009, and provide direction as necessary; and
2. Authorize
the Chair to sign the attached letter with Attachments 1, 2, 3 and 4, including
all changes approved by the Board.
20.
Chief
Executive Officer Report.
VII. NEW BOARD MEMBER REQUESTS.
21.
Clerk
Review and Clarification of Requests.
VIII. CLOSED SESSION:
IX. ADJOURN: