HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, August 11, 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.

3.            Recycled Water Work Study Session. (K. Whitman)

Recommendation:

Participate in the discussion with Orange County Water District officials on:

1.      Their development of a cooperative long-term agreement with Orange County Sanitation District; and

2.      Their success in obtaining public acceptance for the Groundwater Replenishment System.

III.      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.

 

4.            Reports of Bids Received and Award of Contract for Rinconada Water Treatment Plant Clarifier Rehabilitation Project, Contract No. C0551, Project No. 93294050 (Los Gatos) to JMB Construction Co. (D. Chesterman)

Recommendation:

1.      Ratify Addendum No. 1 and No. 2 to the contract documents.

2.      Award the contract to JMB Construction Co. in the sum of $3,683,960.

3.      Approve a contingency sum of $460,000 and authorize the CEO or designee to approve individual change orders up to the designated amount.

5.            Report of Bids Received and Award of Contract for Lower Silver Creek Flood Protection Project, Reach 6B, Contract No. CO552, Project No. 40264008 (San Jose) to Joseph J. Albanese, Inc. (K. Oven)

Recommendation:

1.      Ratify Addenda No. 1 and No. 2 to the Contract Documents.

2.      Approve a budget adjustment for the sum of $564,600.

3.      Award the Contract to Joseph J. Albanese, Inc. in the sum of $513,275.

4.      Approve a contingency sum of $51,325.00 and authorize the CEO or designee to approve individual change orders up to the designated amount.

6.            Resolution to Consider Undertaking the East Pipeline Rehabilitation Project and Setting a Public Hearing on Engineer's Report--East Pipeline Rehabilitation Project, Project No. 94344006 (San Jose). (F. Maitski)

Recommendation:

1.      Adopt the Resolution specifying the intent to consider undertaking the East Pipeline Rehabilitation Project and providing for notice of time and place for public hearing for the Engineer's Report thereon.

2.      Set a time and place for the public hearing on the Engineer's Report to occur at 10:00 a.m. on August 25, 2009, at the Santa Clara Valley Water District, 5700 Almaden Expressway, San Jose, California.

7.            State Reimbursement Disclaimer for AB 466 (Coto).  (R. Callender)

Recommendation:      Adopt the resolution for reimbursement disclaimer for Assembly Bill 466.

8.            Recommended Positions on State Legislation: AB 166 (Lieu) and SB 459 (Wolk). (R. Callender)

Recommendation:      Adopt positions of "support" on AB 166 and SB 459.

9.            CEO Bulletin for the Week of July 17-23, 2009, including the following responses to Board Member Requests:

a.        R-08-0192, Staff is to prepare an agenda item for discussion on raw water turnout and transmission pipeline agreements, including discussion on the corresponding water rates, rights and monitoring processes. (K. Whitman)

b.        R-09-0094, Staff is to provide a report on the status of dam safety, including details, findings, etc., and agendize for Board discussion. (F. Maitski)

10.          CEO Bulletin for the Week of July 24-30, 2009, including the following responses to Board Member Requests:

a.        R-09-0017, Staff is to plan a work study session for Spring 2010 on the status of economy and Campus Master Plan, investigate land availability for possible relocation of a Corp. Yard or the shared use of a Corp. Yard space. (K. Oven)

b.        R-09-0062, Staff is to provide the Board with recommendations from the report from San Jose State University (SJSU) entitled "Creating a Diverse Workforce." (G. De La Torre)

c.        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)

d.        R-09-0088, Staff to bring back a recommendation on whether community awareness surveys should continue in the future, and include an analysis of value, best time of year to conduct, etc.     (S. Siravo)

11.          Community Sponsorships, Agency/Association and Professional Memberships Included in the Fiscal Year 2009-10 Budget (Continued from June 23 2009). (D. McClain)

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.

12.          Association of California Water Agencies (ACWA) - Possible Nomination of a District Board Member for the Position of ACWA President or Vice President (Continued from July 14, 2009).  (L. Knoff)

Recommendation:

1.        Discuss and consider nominating a District Board member for the position of ACWA President or Vice President; and

2.        If a nomination is made to an officer position, direct staff to bring back a resolution of nomination for Board approval.

13.          Staff Presentation on Consultant Selection Process--In Response to BMRs R-08-0185, R-09-0087 and R-09-0071. (M. Richardson)

Recommendation:      Review and discuss District's current consultant selection process.

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.

 

14.          Approval of Minutes: June 23, 2009 Regular Meeting. (L. Knoff)

Recommendation:      Approve the minutes.

15.          2009 Board Planning Calendar.

Recommendation:      Discuss the Planning Calendar.

16.          Discuss Request from South County Regional Wastewater Authority (SCRWA) Board to Hold Two Formal Joint Board Meetings a Year. (L. Knoff)

Recommendation:

1.      Discuss request from the South County Regional Wastewater Authority Board to hold two formal joint Board meetings a year; and

2.      If the Board decides to hold a second joint Board meeting this year, direct District staff to work with SCRWA staff to identify a date for the meeting, and to work on a future meeting schedule that includes two meetings a year.

17.          Guadalupe/West Valley and Lower Peninsula Flood Control and Watershed Advisory Committees: Draft Minutes of May 13, 2009, Guadalupe/West Valley Committees Meeting and May 20, 2009, Lower Peninsula Committee Meeting and Draft Agenda for September 9, 2009 Joint Tour and Meeting. (C. Elias)

Recommendation:

1.      Note the draft minutes for Guadalupe/West Valley Joint Flood Control and Watershed Advisory (GWV) Committees Meeting of May 13, 2009;

2.      Note the draft minutes for Lower Peninsula Flood Control and Watershed Advisory (LP) Committee Meeting of May 20, 2009;

3.      Consider the draft agenda for the September 9, 2009 Guadalupe/West Valley and Lower Peninsula (GWV/LP) Joint Tour and Meeting;

4.      Consider the following committee requests and staff recommendations to the Board resulting from the May meetings:

a.      The GWV Committees request that the Board allow GWV to agendize items for discussion at a future meeting determined by staff availability, without prior Board approval

b.      The LP Committee requests that the Board move the start time of the committee's regular meetings to 8:30 a.m.

c.      The LP Committee requests that the Board place a presentation by San Francisco Bay Area Conservation and Development Commission on Bay level rise on a future meeting agenda and have staff give a presentation on relevant Board policies regarding climate change at a future joint meeting of all the flood control and watershed advisory committees (FCWAC)

d.      The LP Committee requests that the Board provide each FCWAC with a list of potential capital improvement projects within their respective watersheds so each committee may rank the projects, in an advisory capacity, and submit them to the Board for consideration, and

5.      Direct staff to finalize the (GWV/LP) Joint Tour and Meeting agenda, as directed by the Board.

18.          Coyote and Uvas/Llagas Flood Control and Watershed Advisory Committees: Draft Minutes of July 9, 2009 Coyote Flood Control and Watershed Advisory Committee meeting, Draft Agenda of September 10, 2009 Joint Tour and Meeting, and Committee Requests to the Board. (L. Lee)

Recommendation:

1.      Note the draft minutes of the July 9, 2009 Coyote Flood Control and Watershed Advisory Committee (FCWAC) meeting;

2.      Consider the following Coyote FCWAC request and staff recommendation to the Board, resulting from the July 9, 2009 meeting:

a.      That the Board consider authorizing staff to work with the committee Chair and Vice Chair to draft a letter from the committee to Congress Members Honda and Lofgren, and others responsible for District obtaining Natural Resources Conservation Service funding for the Lower Silver Creek Project, to express the community's appreciation under the signatures of the Coyote FCWAC Chair and Vice Chair, and with the unsigned names listed for all Coyote FCWAC members.

3.      Consider the draft agenda of the September 10, 2009 joint tour and meeting; and

4.      Direct staff to finalize the agenda, as directed by the Board.

19.          Board Member Reports.

20.          Chief Executive Officer Report.

 

V.     NEW BOARD MEMBER REQUESTS.

21.          Clerk Review and Clarification of Requests.

VI.       CLOSED SESSION:

22.          CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL--SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b): Two Matters.

23.          CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Pursuant to Government Code Section 54957(b)(1) Position: District Counsel.

VII.        ADJOURN:

24.          Adjourn to Regular Meeting at 9:30 a.m., August 25, 2009, at District Headquarters, 5700 Almaden Expressway, San Jose, California.