HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, November 10, 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 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.
Recommendation: Adopt the resolution expressing
appreciation.
10:00 a.m.
Recommendation:
1. Consider
the potential environmental effects of the Alviso Slough Restoration Project as
presented in the Final Environmental Impact Report (FEIR);
2. Adopt
a Resolution certifying the Final Environmental Impact Report, adopting the
Mitigation Monitoring and Reporting Program, and Findings of Fact and Statement
of Overriding Considerations for the Alviso Slough Restoration Project;
3. Adopt
a Resolution approving the Engineer's Report for the Alviso Slough Restoration
Project; and
4. Approve
the staff-proposed Project, Alternative 3.
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. Approve proposed agreement between the
District and the California Department;
2. Authorize CEO to execute the agreement
between the District and the Department commencing on November 15, 2009, and
ending on November 14, 2011; and
3. Delegate authority to the CEO to approve
an amendment to the agreement for the second year of its term, to provide for
increasing the compensation to the Department in a sum not to exceed ten
percent (10) of the year one compensation paid to the Department.
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.
6.
Approval
of Minutes: September 22, 2009 Regular Meeting.
(L. Knoff)
Recommendation: Approve the minutes.
7.
2009
Board Planning Calendar.
Recommendation: Discuss the planning calendar.
Recommendation:
1. Note
the draft minutes from the October 16, 2009 meeting of the Ad Hoc Audit
Committee; and
2. Accept
the Audit Ad Hoc Committee Recommendation for Pilot Board Management Audit
Priorities and direct the Temporary Auditor to initiate high priority audits as
recommended by the Committee.
Recommendation: Appoint two Directors.
10.
Recycled
Water Public Outreach and Acceptance.
(K. Whitman)
Recommendation:
1. Discuss
the topic of District's recycled water outreach;
2. Provide
input to the three District Recycled Water Liaison Committee (RWLC) members for
their discussion with the council members from Cities of Santa Clara and San
Jose on the long-term recycled water agreement with the City of San Jose; and
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.
There
were no responses to Board Member Requests this week.
a. R-09-0054,
Staff is to return to the Board with justification criteria or further clarification
of category for Alviso Slough Restoration Project. (K. Oven)
b. 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)
c. R-09-0116,
Staff is to ensure that the noise level at Santa Teresa Water Treatment Plant
is kept down during incompatible materials improvement project. (D. Chesterman)
d. R-09-0117,
Staff to schedule meetings with mayors early in year due to term timeline. (R.
Callender)
e. R-09-0118,
Staff is to look at the cost of the last two ads in Mercury news and look into
mailings vs. ads, to see if they are more cost effective. (S. Siravo)
14.
Chief
Executive Officer Report.
VI. NEW BOARD MEMBER REQUESTS.
15.
Clerk's
Review of New Board Member Requests.
VII. CLOSED SESSION:
VIII. ADJOURN: