HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, September 08, 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: Approve a $10,000 matching fund contribution to the SCC
FireSafe Council in support of a Federal Grant and authorize CEO to sign
agreement.
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. Set
the public hearing for October 13, 2009 at 10:00 a.m.; and
2. Direct
the Clerk of the Board to publish advertisement of the public hearing in
newspapers of general circulation within the county.
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.
Board
of Directors' Quarterly Expense Report for Quarter Ending June 30, 2009. (D. McClain)
Recommendation: Review the Board of Directors' Quarterly Expense Report for the
quarter ending June 30, 2009, and determine that the reimbursements comply with
Board policy.
6.
Approval
of Minutes: August 11, 2009 Regular Meeting. (L. Knoff)
Recommendation: Approve the minutes.
7.
2009
Board Planning Calendar.
Recommendation: Discuss the Planning Calendar.
8.
Planning
for the Board's Annual Review of the Governance Policies. (M. Ruiz)
Recommendation: Discuss the proposed approach and schedule dates for the
Board's annual review of the Board's Governance Policies, including Ends
Policies, Executive Limitations, Governance Policies, and Board-BAO Linkage.
Recommendation: Consider draft policy related to confirming the appointment of
Chiefs and provide direction to staff as necessary.
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.
11.
Review
of Fiscal Year 2009 Fourth Quarter Organizational Performance Reports (M. Ruiz)
Recommendation:
1. Review
Fiscal Year 2009 Fourth Quarter Organizational Performance Reports for Water
Utility, Watersheds, Capital Program Services and Administration;
2. Provide
feedback on District performance; and
3. Accept
the reports.
VI. 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. Consider
the pursuit of refunds of assessments paid to the Santa Clara County Open Space
Authority between Fiscal Year 2003 and Fiscal Year 2008 for District-owned
properties and provide direction to staff to proceed.
2. If
the Board directs staff to apply for the assessment refunds for all
District-owned properties, staff requests that the Board authorize the CEO or
the CEO's designee to sign all the refund applications.
Recommendation:
1. Appoint
the CEO as the District's representative to the newly established State and
Federal Contractors Water Agency (SFCWA) joint powers authority (JPA), and
2. Appoint
Director Wilson as the District's alternate representative.
Recommendation: Discuss and provide input to the District's Liaison Group
members and staff on the Second Administrative Draft of the Santa Clara Valley
Habitat Plan (SCV HP).
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.
Recommendation:
1. Ratify
Addendum No. 1 to the Contract Documents;
2. Award
the Contract to Rodan Builders, Inc in the sum of $683,000;
3. Approve
a contingency sum of $102,450 and authorize the CEO or designee to approve
individual change orders up to the designated amount as follows:
Facilities
Maintenance Administrator: $5,000.
Deputy Operating
Officer: $30,000.
CEO: Up to $102,450.
a. R-09-0091,
Staff is to agendize a policy discussion regarding the use of raw water
turnouts. (K. Whitman)
b. R-09-0095,
Staff is to agendize an update on the advertising campaign, explaining the
reasons for implementing the current TV campaign prior to additional Board
input, and describing future steps, etc. (S. Siravo)
c. R-09-0098,
Staff to investigate the possibility of using Alviso Marina for location/joint
use/educational signage on District's mission for educational center. District
to contact the County of Santa Clara Parks and Recreation Department to discuss
options. (K. Oven)
a. 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)
b. R-09-0081,
Staff is to provide a list of equipment contracts and costs for fiscal year
(FY) 2008-2009. (M. Richardson)
c. R-09-0087,
Staff is to agendize a work study session on consultant selection process as
soon as possible, to include contractor historical performance, selection
process, small/local businesses, legal issues; R-09-0071, Staff is to provide
the Board with a list of improvements and changes in the Contracts Unit;
R-08-0185, Staff is to bring back a presentation on engineering consultant
selection process. (M. Richardson)
d. R-09-0099,
Staff is to look into whether Gold Street site could be used for monitoring
purposes (multi-purpose/use facility); obtain status of grants, and get
Directors involvement for obtaining grants. (K. Oven)
e. R-09-0102,
Staff is to follow up on cities adopting a conservation ordinance. (R.
Callender)
18.
Chief
Executive Officer Report.
VIII. NEW BOARD MEMBER REQUESTS.
19.
Clerk
Review and Clarification of Requests.
IX. CLOSED SESSION:
X. ADJOURN: