HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, July 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 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.            Resolution to Consider Undertaking a Work of Improvement - Microwave Telecommunications Project - Project No. 94084006.  (B. Knoff)

Recommendation:     Adopt the resolution specifying intention to consider undertaking a work of improvement for the Microwave Telecommunications Project.

10:00 a.m.

4.            Public Hearing - Engineer's Report, Resolution Approving the Engineer's Report, Approve the Project, Approval of Plans and Specifications and Advertisement for Bids for Construction on the West Pipeline Rehabilitation Project - Cox Avenue to Granger Avenue - Project No. 94364002 (Saratoga, Cupertino, Los Altos).  (F. Maitski)

Recommendation:

1.         Conduct Public Hearing on the Engineer's Report for the West Pipeline Rehabilitation Project;

2.         Adopt the resolution approving the Engineer's Report for the West Pipeline Rehabilitation Project;

3.         Approve the project;

4.         Adopt the plans and specifications and authorize advertisement for bids for the construction of the project per the Notice to Bidders; and

5.         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.

 

5.            Approval of Minutes - June 9, 2009, Regular Meeting.  (L. Knoff)

Recommendation:      Approve the minutes.

6.            Resolution to Adopt Final Initial Study and Mitigated Negative Declaration and Approve Project - Gold Street Educational Center, Project No. 30154023 (San Jose).  (K. Oven)

Recommendation:

1.         Consider the potential environmental effects of the project as discussed in the Gold Street Educational Center Final Initial Study and Mitigated Negative Declaration (MND);

2.         Adopt the resolution adopting the Final Initial Study/MND, Findings of Fact, and Mitigation and Monitoring Program for the project Gold Street Educational Center; and

3.         Approve the project.

7.            2009 Board Planning Calendar.

Recommendation:      Discuss the planning calendar.

8.            Board Member Reports.

V.        BOARD - BAO LINKAGE:

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.            Proposed Refinements to the Board-BAO Linkage Governance Policy BL-4.1 related to the Organization and Definitions for Ends Policies.  (A. Draper)

Recommendation:

1.         Discuss the proposed refinements to the Board-BAO Linkage Governance Policy BL-4.1; and

2.         Direct staff to return with policy discussions consistent with the refinements.

VII.      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.

 

10.          Claim of Rose E. Talmage.  (D. Cahen)

Recommendation:      Deny the claim.

11.          Claim of Sharen Blasquez-Guerra and Ambrose Guerra.  (D. Cahen)

Recommendation:      Deny the claim.

12.          Resolution Authorizing Conveyance of Real Property at 511 and 555 West Campbell Avenue, Campbell, to Campbell Redevelopment Agency (RDA) and Other Documents Related to Close of Escrow, San Tomas Well Field, Project No. 91124001.  (K. Whitman)

Recommendation:

1.         Execute the amended and restated purchase and sale agreement (Real Estate File No. 9442-7.02) with the City of Campbell RDA;

2.         Adopt the resolution authorizing conveyance of interest in real property to the Campbell RDA;

3.         Authorize the CEO to sign the Tract Map No. 9927 to create three water supply parcels, 40 individual home lots, and public easement in connection with the close of escrow;

4.         Authorize the CEO to sign the grant deed to transfer the property to the Campbell RDA and to execute all documents necessary for consummation of the sale of the property; and

5.         Authorize the CEO to execute the easement, improvement, maintenance and use agreement with the Campbell RDA.

13.          CEO Bulletin for the Week of July 3 - 9, 2009, including the following responses to Board Member Requests:

a)    R-09-0048, Staff to return with resolution to adopt a fee schedule for services and activities during budget review, to include a fee waiver for public agencies who waive similar fees to the District.  (M. Hamer)

b)    R-09-0065, Staff is to update and distribute the Reserve fact sheet for the Board's reference.  This fact sheet was received by the Board from previous CFO Peter Ng last year, and is used to explain District reserves to the public.  (D. McClain)

c)    R-09-0076, Staff is to provide breakdowns in the Water Utility report (i.e. conservation, recycling, etc.) specific to each city or area, so that people are able to see where their money is being spent.  (D. McClain)

14.          CEO Bulletin for the Week of July 10 - 16, 2009, including the following responses to Board Member Requests:

a)    a) R-09-0056, Staff is to develop a communications plan and implement methods to keep the Board and public informed on the status of the Coyote Creek Project.  (L. Lee)

b)    b) R-09-0081, Staff is to provide a list of equipment contracts and costs for Fiscal Year 2008-09.  (M. Richardson)

15.          Chief Executive Officer Report.

i.      Report on State Budget and Impacts on District

VIII.     NEW BOARD MEMBER REQUESTS.

16.          Clerk Review and Clarification of Requests.

IX.       CLOSED SESSION:

17.          PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Pursuant to Government Code Section 54957

Title:  Chief Executive Officer

 

18.          PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Pursuant to Government Code Section 54957

Title:  District Counsel

 

X.        ADJOURN:

19.          Adjourn to Regular Meeting at 9:30 a.m., August 11, 2009, at District Headquarters, 5700 Almaden Expressway, San Jose, California.