HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA  95118

 

Tuesday, October 13, 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.

10:00 a.m.

3.            Public Hearing Regarding Ordinance for Increase in Compensation for Directors for 2010. (L. Knoff)

Recommendation:

1.      Open the Public Hearing permitting members of the public to speak on the ordinance;

2.      Close the Public Hearing; and

3.      Adopt the ordinance.

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.

 

4.            Approval of Plans and Specifications and Advertisement for Bids for Construction of Pacheco Pumping Plant Adjustable Speed Drives Replacement Project, Project No. 91954001 (Unincorporated). (D. Chesterman)

Recommendation:

1.      Adopt the plans and specifications and authorize advertisement for bids for the construction of the Pacheco Pumping Plant Adjustable Speed Drives Replacement Project, per the Notice to Bidders; and

2.      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: August 25, 2009 and September 8, 2009 Regular Meetings.  (L. Knoff)

Recommendation:      Approve the minutes.

6.            2009 Board Planning Calendar.

Recommendation:      Discuss the Planning Calendar.

7.            Santa Clara Valley Water Commission --Draft Minutes of August 12, 2009 Meeting; Draft Agenda for October 28, 2009 Meeting; and Consideration of Commission's Recommendation to the Board. (J. Fiedler)

Recommendation:

1.      Note the draft minutes of the August 12, 2009 meeting;

2.      Consider the Commission's recommendation: That the Board be advised that the Commission would like to add to their Work Plan an overview of recycled water; and

3.      Consider the draft agenda for October 28, 2009 meeting and finalize the agenda.

8.            Independent Monitoring Committee--Draft Minutes of May 7, 2009 Meeting and Draft Agenda for November 5, 2009 Meeting. (M. Klemencic)

Recommendation:

1.      Note the Draft Minutes of the May 7, 2009 Meeting; and

2.      Note the Draft Agenda for the November 5, 2009 Meeting.

9.            Requests for Exemption from W-5 Groundwater Charge Zone for Well 10S04E17B004 (Hackett) and for Well 10S04E27G003 (Jones). (K. Whitman)

Recommendation:      Retain well 10S04E17B004 (APN 830-15-038, owned by Mr. Randal Hackett) and well 10S04E27G003 (APN 841-57-018, owned by Ms. Carol and Mr. Mark Jones) in the W-5 Groundwater Charge Zone because the wells benefit from the District's recharge activities.

10.          Workshop on Delta Planning, Decision-Making and Outreach Related to Long-Term Delta Solution. (G. Zlotnick)

Recommendation:

1.        Receive and discuss information regarding Delta planning and decision-making related to a long-term Delta solution; and

2.        Approve initial local outreach strategy and Delta Talking Points.

11.          Board Member Reports.

V.      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.

 

12.          Donation Agreement Between the Lester Trust, Santa Clara Valley Water District (District), and the County of Santa Clara (County) (Vasona Dam/Reservoir), Grant Deed 9192-42, Resolution Authorizing Conveyance of a Trail Easement Interest in Real Property, Trail Easement Agreement 9192-42.01, and Amendment to the Master Reservoir Lease Agreement.  (F. Maitski)

Recommendation:

1.      Authorize the District CEO to execute the donation agreement between the Lester Trust, District, and County, acknowledging the District's acceptance of a real property dedication from the Lester Trust that is conditioned on granting the County a trail easement over a portion of the dedicated property;

2.      Authorize the CEO to accept Grant Deed 9192-42;

3.      Adopt the resolution authorizing the conveyance of a trail easement interest in real property to the County;

4.      Authorize the CEO to execute the Trail Easement Agreement in its final form after the Dedication Agreement is signed by the District, County, and Lester Trust; and

5.      Authorize the CEO to execute the amendment to the Master Reservoir Lease Agreement to include the real property accepted by dedication.

13.          Amendment One to Agreement A3228F, with Governmental Advocates, Inc., for State Lobbying Services. (R. Callender)

Recommendation:

1.      Discuss the response to Board Member Request 09-0097 regarding the use of a state lobbying consultant and costs and benefits to the District; and

2.      Authorize the CEO to execute Amendment One to extend Agreement A3228F with the firm of Governmental Advocates, Inc., for a period of 12 months.

14.          CEO Bulletin for the Week of September 11-17, 2009, including the following responses to Board Member Requests:

a.      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)

b.      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)

c.      R-09-0103, Staff to coordinate a tour(s) of Orange County Groundwater Replenishment System for interested Directors and appropriate staff. Also to include the Treatment Plant Advisory Committee (TPAC) and City of San Jose City Council and staff. (K. Whitman)

d.      R-09-0104, Staff is to respond to inquiries and develop improvements to the consultant selection process, as presented by the Board at its August 11, 2009 meeting. (M. Richardson)

e.      R-09-0106, Staff is to obtain and show at a Board meeting the video from the Water Education Foundation entitled "Salt of the Earth."            (K. Whitman)

15.          CEO Bulletin for the Week of September 18-24, 2009, including the following responses to Board Member Requests:

a.      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)

b.      R-09-0098, Staff to investigate the possibility of using Alviso Marina for location/partnership/educational signage on District's mission for educational center. Staff is to contact San Jose Parks and Recreation to discuss options. (K. Oven)

c.      R-09-0115, Staff to bring back further information on the fish kill, including numbers and types of fish affected.  (F. Maitski)

16.          CEO Bulletin for the Week of September 25-October 1, 2009, including the following responses to Board Member Requests:

a.      R-09-0089, Staff to bring back information on benefits/value added to the District on Community Sponsors/Agency/Association/Professional Membership lists (FY 2009-10 Budget); provide recommendations on reductions and impacts. (D. McClain)

b.      R-09-0092, Staff is to provide a facilities update, schedule and status report when preparing the summary of projects covered under federal stimulus funds. (D. Chesterman)

c.      R-09-0100, Staff is to include the number of jobs that will be created when bringing projects forward for Board consideration, e.g., construction, upgrades, etc. (D. Chesterman)

d.      R-09-0105, Staff is to identify projects with opportunities for enhancements, such as trail enhancements, in next year's Capital Improvement Plan (CIP). (D. Chesterman)

e.      R-09-0111, Staff is to clarify what is available in reserves for project use. (K. Oven)

17.          Chief Executive Officer Report.

VI.     NEW BOARD MEMBER REQUESTS.

18.          Clerk Review and Clarification of Requests.

VII.       CLOSED SESSION:

19.          CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title:  Chief Executive Officer

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

21.          CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Pursuant to Government Code Section 54957(b)(1) Position:  Clerk of the Board

VIII.        ADJOURN:

22.          Adjourn to Special Meeting at 6:00 p.m., October 13, 2009, at George Mayne Elementary School, 5030 North First Street, Alviso, California.