HEADQUARTERS - BOARD ROOM

5700 ALMADEN EXPRESSWAY

SAN JOSE, CA 95118

Tuesday, October 27, 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.

9:35 a.m.

3. Candidate Interviews for Two Vacant Director Positions on the Public Facilities Financing Corporation. (L. Knoff)

Recommendation: Interview the candidates and appoint two Directors.

10:00 a.m.

4. Public Hearing - Engineer's Report, Resolution Approving the Engineer's Report for the Santa Teresa Water Treatment Plant Incompatible Materials Project - Project No. 93284030 (San Jose). (D. Chesterman)

Recommendation:

1. Conduct public hearing on the Engineer's Report for the Santa Teresa Water Treatment Plant Incompatible Materials Project; and

2. Adopt the resolution approving the Engineer's Report for the Santa Teresa Water Treatment Plant Incompatible Materials Project.

10:00 a.m.

5. Gold Street Educational Center - Report of Project Options (Continued from September 22, 2009). (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 Educational Center project, as proposed on July 28, 2009; or

c. Direct staff to take another action.

10:00 a.m.

6. Board Member Request R-09-0080: Flood Protection and Channel Management Downstream of Gold Street Bridge in the Alviso Slough. (K. Oven)

Recommendation: Receive information from staff regarding flood protection and channel management in Alviso Slough downstream of the Gold Street Bridge.

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.

7. Notice of Completion of Contract and Acceptance of Work for the Reconstruction of Bollinger Road Bridge over Calabazas Creek Project, American Civil Constructors, West Coast, Contractor, Contract No. C0527, Project No. 20104015 (Cupertino/San Jose). (K. Oven)

Recommendation:

1. Accept the work as complete; and

2. Direct the Clerk of the Board to sign the Notice of Completion of Contract and Acceptance of Work and submit for recording to the Santa Clara County Clerk-Recorder.

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.

8. Flood Control and Watershed Advisory Committees - Draft Minutes of the September 9, 2009 Joint Meeting and Tour of the Guadalupe/West Valley and Lower Peninsula Flood Control and Watershed Advisory Committees (FCWACs); Draft Minutes of the September 10, 2009 Joint Meeting and Tour of the Coyote and Uvas/Llagas FCWACs; Draft Agenda for the November 19, 2009 Special Joint Meeting; and Consideration of the FCWACs Requests to the Board. (C. Elias/L. Lee)

Recommendation:

1. Note the draft minutes of the September 9, 2009 Guadalupe/West Valley and Lower Peninsula FCWACs joint meeting and tour; and the draft minutes of the September 19, 2009 Coyote and Uvas/Llagas FCWACs joint meeting and tour;

2. Consider the Guadalupe/West Valley and Lower Peninsula FCWACs requests and staff recommendations for:

a. That the Board direct staff to provide the approved minutes of the IMC meetings, as soon as they are available, to all FCWACs to be placed on the committee's next meeting agendas.

b. That the Board direct staff to include in their annual tour presentation, identification of those projects that have received Clean, Safe Creeks funding and if so, state the actual dollars; and

3. Consider the draft agenda for the November 19, 2009 Special Joint Meeting and finalize the agenda.

9. 2009 Board Planning Calendar.

Recommendation: Discuss the calendar.

10. Board Member 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.

11. Update on the Three Creeks Habitat Conservation Plan Negotiations with National Marine Fisheries Service, California Department of Fish and Game, and Fish and Wildlife Service. (A. Draper)

Recommendation:

1. Discuss and provide direction to staff on parameters for the Three Creeks Habitat Conservation Plan; and

2. Authorize the Chair to work with the CEO to prepare a letter to Department of Commerce National Marine Fisheries Service to request assistance to both resolve outstanding Three Creeks Habitat Conservation Plan issues and finalize this habitat plan.

12. Santa Clara Valley Water District proposed 2009 Flood Awareness Campaign. (S. Siravo)

Recommendation: Provide direction to proceed with the proposed 2009 Flood Awareness Campaign scheduled to begin in November 2009.

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: Adopt positions of "Support" on HR 3598 (Gordon), S 1005 (Cardin), and S 1035 (Reid); and "Support if Amended" on HR 2521 (DeLauro) and HR 3258 (Waxman).

14. Discussion and Adoption of 2010 Legislative Priorities and Guiding Principles. (R. Callender)

Recommendation: Consider and provide direction on recommended legislative priorities and guiding principles for the second year of a two-year legislative session in the State legislature and the second year of the 111th Congress.

15. Discussion of 2010 State Legislative Proposal. (R. Callender)

Recommendation:

1. Consider draft language for a bill to comprehensively update the District Act; and

2. Provide direction to staff concerning the content of the bill.

16. Implementation of Countywide Redistricting Process Required by Assembly Bill 466 (AB 466) and Related Budget Adjustment. (R. Callender)

Recommendation:

1. Approve the process for countywide redistricting as a result of the passage of AB 466, including:

a. Establish a redistricting advisory committee, including the number of members, and a process for appointment;

b. Establish the criteria for the redistricting process;

c. Establish the overall redistricting project schedule; and

2. Approve the budget adjustment of $130,000 from the General Fund Operating and Capital Reserve for the hiring of a redistricting consultant, special counsel, and associated meeting costs.

17. Adopt Plans and Specifications and Authorize Advertisement for Bids, East Pipeline Rehabilitation Project, Contract No. C0558, Project No. 94344006 (San Jose). (F. Maitski)

Recommendation:

1. Adopt the plans and specifications and authorize advertisement for bids for the construction of the project, per the Notice to Bidders; and

2. Authorize the Designated Engineer to issue addenda during the bidding process.

18. Consultant Agreement with HDR Architecture, Inc. to Provide Professional Engineering Services for the Pre-Design of the District's Structural Evaluation of Control Buildings Project (IRP2), Project No. 93764003 (Los Gatos, San Jose). (D. Chesterman)

Recommendation:

1. Approve the consultant agreement with HDR Architecture, Inc. (HDR) to provide professional engineering services for the pre-design of the District's Structural Evaluation of Control Buildings Project (Project) for a compensation sum not to exceed $555,186;

2. Authorize the CEO to sign the agreement with HDR Architecture; and

3. Authorize the CEO to approve amendment(s) to fund supplementary services up to $28,000.

19. Amendment No. 2 to Consultant Agreement No. A3064A, with Black & Veatch Corporation, for Engineering Services for the Advanced Recycled Water Treatment Facility Project, Project No. 91184008 (San Jose). (K. Whitman)

Recommendation: Authorize the CEO to negotiate and execute Amendment No. 2 to the consultant agreement No. A3064A, with Black & Veatch Corporation, for engineering services for the Advanced Recycled Water Treatment Facility Project, for a compensation sum not to exceed $1,200,000.

20. Lower Silver Creek Flood Protection Project, Reaches 4-6 (San Jose). (K. Oven)

Recommendation: Approve a budget adjustment for the sum of $2.5 million from the Watershed and Stream Stewardship Capital reserves, to complete the design, prepare construction contract documents, and provide construction support for the Lower Silver Creek Flood Protection Project Reaches 4, 5 and 6.

21. Mid-Year Groundwater Production Charge Adjustment for FY 2009-10, Water Utility Enterprise. (D. Taylor)

Recommendation: That the Board not take action to adjust groundwater production charges for fiscal year 2009-10.

22. Acquisition of a Conservation Easement on the Santa Clara County Open Space Authority Property (Formerly Moore Property) for Mitigation of the Stream Maintenance Program, Parcel No. 595-08-003, File No. 4032-62 (San Jose). (K. Oven)

Recommendation:

1. Authorize the CEO to execute a Memorandum of Agreement with the Santa Clara County Open Space Authority (OSA) for acquisition of a conservation easement; and

2. Authorize the CEO to accept a conservation easement on the OSA property (formerly Moore Property) for mitigation of the Stream Maintenance Program.

23. CEO Bulletin for the Week of October 2 - 8, 2009, Including the Following Responses to Board Member Requests:

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

b) R-09-0095, Staff is to agendize an update on the advertising campaign, explaining reasons for implementing current TV campaign prior to additional Board input, and describing future steps, etc. (S. Siravo)

c) R-09-0109, Staff to create opportunities for the Board to discuss legislation and decide on positions ahead of the curve, versus at the end of the legislative cycle, as well as to proactively develop information for legislative packages. (R. Callender)

d) R-09-0113, Staff is to provide Board with schedule for added Board meetings for policy work studies and recruitments. Combine policy subjects. Meetings should be 9:a.m. - 2:p.m. (M. Ruiz)

e) R-09-0114, Staff is to discuss, during the Fall trip to Washington, DC, the problems encountered with regulatory agencies in drafting the Santa Clara Valley Habitat Plan (SCVHP) and, if necessary, arrange a delegation to meet directly with representatives from these agencies. (A. Draper)

24. CEO Bulletin for the Week of October 9 - 15, 2009, Including the Following Responses to Board Member Requests:

a) R-09-0108, Report to Board at a Board meeting on the new Delta committee - why it is being established, etc. Also, how can the Board be ahead of the curve on Delta position, etc. (G. Zlotnick)

25. Chief Executive Officer Report.

VIII. NEW BOARD MEMBER REQUESTS.

26. Clerk's Review of New Board Member Requests.

IX. CLOSED SESSION:

27. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: 400 Budd Avenue, Campbell District Negotiators: Chris Elias, Carol Frederickson, Deanna Forsythe Negotiating Party: Howard Eldin, M.D. Under Negotiation: Price and Terms for Possible Acquisition

28. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a): Great Oaks Water Co. v. SCVWD (1-05-CV-053142)

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

X. ADJOURN:

30. Adjourn to Special Meeting at 12:00 p.m., October 29, 2009, in the District Headquarters Board Room, 5700 Almaden Expressway, San Jose, California.