HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, September 22, 2009
9:30 AM
I. CALL TO ORDER:
1.
Roll
Call.
Recommendation:
II. TIME CERTAIN:
9:35 a.m.
2.
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
3.
Pursuant to Government Code Section 54956.9(a):
4.
Santa Clara Valley Water District v. Olin
Corporation
5.
USDC, California Northern District
Recommendation:
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.
Recommendation:
10:00 a.m.
Recommendation:
1.Approve
the cost-sharing agreement with the City of Morgan Hill for preparing project
designs, Environmental Impact Report/Environmental Impact Statement (EIR/EIS)
and Corps' Design Documentation Report (DDR); and
2.Authorize
the CEO to execute the cost-sharing agreement with the City of Morgan Hill.
10:00 a.m.
4.
Gold
Street Educational Center - Report of Project Options. (K. Oven)
Recommendation:
1.Receive
information from staff regarding recent Board direction to explore opportunities
for installing educational elements at the Alviso Marina County Park (County
Marina); and
2.Take
one of the following actions:
a.Direct
staff to pursue County Marina option, or
b.Formally
approve the Gold Street Education Center Project as preoposed on July 28, 2009;
or
c.Direct
staff to take other action.
Time 4
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.
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.
2.
Two-Gates
Fish Protection Demonstration Project. (G. Zlotnick)
Recommendation:
No
staff recommendation. In concept staff
supports moving ahead with the Two Gates Fish Protection Demonstration
Project. However, no immediate actions
or decisions are required of the Board at this time.
3.
Agricultural
Water Advisory Committee - Draft Agenda for October 5, 2009 Meeting. (K. Whitman)
Recommendation:
Consider
the draft agenda for the October 5, 2009 meeting and finalize the agenda.
Recommendation:
1.Note
the draft minutes of the July 9, 2009 meeting;
2.
Consider the Committee's and staff's recommendation that the Committee supports
the idea of the District joining the Bay-Friendly Coalition as a financial
member; and
3.
Consider the draft agenda for the October 8, 2009 meeting and finalize the
agenda.
Recommendation:
1.Note
the draft minutes of the July 20, 2009 meeting;
2.Consider
the Committee's and staff's recommendation on Ends policies; consider the
Committee's requests and staff recommendations on Erosive Forces activities,
budgeting and updates as well as a Stream Restoration Strategy and the
recommendations of the EAC Erosive Forces Subcommittee report; and
3.Consider
the draft agenda for the October 19, 2009 meeting, and finalize the agenda.
6.
2009
Board Planning Calendar.
Recommendation:
Approve
the planning calendar.
Recommendation:
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.
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.
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.
8.
Claim
of Sandhi Mangalapally. (D. Cahen)
Recommendation:
Deny
the claim.
Recommendation:
1.Adopt
the resolution specifying intention to consider undertaking a work of
improvement and providing for the notice of time and place of a public hearing
for the Engineer's Report for the Santa Teresa Water Treatment Plant
Incompatible Materials Project; and
2.If
the Board adopts the resolution, then set a time and place for the public
hearing on the Engineer's Report to occur at 10:00 a.m. on October 27, 2009, at
the Santa Clara Valley Water District, 5700 Almaden Expressway, San Jose,
California.
Recommendation:
1.Approve
the agreement with Acterra for the sum of $20,000;
2.Authorize
the CEO to execute the agreement between the Santa Clara Valley Water District
and Acterra for the period of July 1, 2009, through June 30, 2010; and
3.Direct
staff to explore for consideration in the FY 2010-11 budget a restart of the
discontinued Watershed Stewardship Grant Program or a similar program that
would provide a structure to consider these types of requests.
Recommendation:
Adopt
the resolution adopting a fee schedule for services and activities regulated by
the Water Resources Protection Ordinance.
Recommendation:
1.Ratify
Addendum No. 1 and Addendum No. 2 to the contract documents;
2.Award
the contract to Con-Quest Contractors, Inc. in the sum of $741,990; and
3.Approve
a contingency sum of $111,300 (approximately 15% of the contract award amount)
and authorize the CEO or designee to approve individual change orders up to the
designated amounts.
13.
Staff
Travel Expense and Overtime Reports for the Period 01/01/09 through
06/30/09. (D. McClain)
Recommendation:
Review
the staff travel expense and overtime report for the period of 01/01/09 through
06/30/09.
Recommendation:
Approve
a budget adjustment of $353,000 to fund settlement of Flatiron (formerly FCI
Constructors, Inc.) against the District.
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)
Recommendation:
a.
R-09-0046, Staff is to bring back to the Board, before next water rate hearing,
a timetable showing how stakeholder input (Agricultural Water Committee, Water
Commission, Retailers) will fit into the rate setting process. This is a result of recommendations going out
to media, etc., before hearings occurred.
(D. McClain)
b.
R-09-0096, Staff is to provide an analysis of the Sacramento office operations,
providing metrics and deliverables for all Sacramento staff. (T. Martinez)
c.
R-09-0097, Staff is to expedite a report on projects, time and funds expended
for the Sacramento consultant, including who directs assignments, an analysis
of performance, accomplishments, cost and benefits to District. (T. Martinez)
d.
R-09-0107, Staff is to provide Mr. David Wall, a San Jose resident, with
information on the studies used by the District relative to release of treated
wastewater into streams. (K. Whitman)
Recommendation:
17.
Chief
Executive Officer Report.
Discussion
of Recent Delta Legislative Activities for Purposes to Receive Any Direction
from the Board Regarding Future Delta Related Activities. (G. Zlotnick/R. Callender)
Recommendation:
VIII. NEW BOARD MEMBER REQUESTS.
18.
Clerk
Review and Clarification of Requests.
Recommendation:
IX. CLOSED SESSION:
19.
CLOSED
SESSION
21.
Santa Clara County Superior Court
Recommendation:
X. ADJOURN:
Recommendation: