HEADQUARTERS - BOARD ROOM
5700 ALMADEN EXPRESSWAY
SAN JOSE, CA
95118
Tuesday, December 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 Item 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.
Recommendation:
Review
and discuss staff recommendations to implement certain consultant selection
process modifications to address the Board's concerns regarding:
a. Prequalified List Process
b. Consultant Review Board Compositions
c. Mandatory Attendance at Pre-Proposal
Meetings
d. Increase Small Business Rating Credits
e. Addressing a Situation of Limited
Responses to an RFP
f. Supplementary/Optional/Conditional
Services
g. Past Performance and Debarment from Future
Work
h. Improve Contract Language Requiring
Consultant Accountability
i. Board Agenda Memorandum Checklist
1:30 p.m.
4.
Mandatory
Harassment Prevention Training. (District Counsel)
Recommendation: Participate in a training session that satisfies requirements
of state law.
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. Consider
the previously-certified Environmental Impact Report together with the Second
Addendum dated March 26, 2009.
2. Find
that certain art panels designed and manufactured by Pineapple Grove Designs
should be designated by specific brand name and catalogue item as a sole source
product, in order to obtain a necessary item that is only available from one
source.
3. Adopt
the Plans and Specifications and authorize advertisement for bids for the
construction of the Upper Guadalupe River Reach 6 Flood Protection Project per
the Notice to Bidders.
4. Authorize
the Designated Engineer to issue addenda, as necessary, during bidding.
Recommendation:
1. Adopt
the Resolution Authorizing Conveyance of Interest in Real Property;
2. Authorize
the CEO to accept the Easement Deed 4021-267 from Autumn Terrace At College
Owners' Association; and
3. Authorize
the CEO to execute the Quitclaim Deed 4021-259.01 to Autumn Terrace At College
Owners' Association.
Recommendation:
1. Accept
the work as complete.
2. Direct
the COB 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.
Recommendation: Approve the minutes.
9.
2009
Board Planning Calendar.
Recommendation: Discuss the Planning Calendar.
10.
Board
of Directors' Quarterly Expense Report for Quarter Ending September 30,
2009. (D. McClain)
Recommendation:
1. Review
the Board of Directors' Quarterly Expense Report for the quarter ending
September 30, 2009; and
2. Determine
that the reimbursements comply with Board policy.
11.
Review
of Fiscal Year 2010 Quarter 1 (FY10 Q1) Organizational Performance Reports. (M.
Ruiz)
Recommendation:
1. Review
FY10 Q1 Organizational Performance Reports for Water Utility, Watersheds,
Capital Program Services and Administration;
2. Provide
feedback to staff on District performance as described in the Reports; and
3. Acknowledge
receipt of the Reports.
Recommendation:
1. Note
the draft minutes of the October 19, 2009, Environmental Advisory Committee;
2. Consider
and approve the grant evaluation criteria and process for both the FY2010 Trail
and Open Space Grant Program;
3. Consider
and approve the grant evaluation criteria and process for the FY2010
Environmental Enhancement Planning Grant Programs;
4. Consider
the Committee comments and associated staff analyses for the Trail and Open
Space Grant Program; and
5. Consider
the draft agenda for the January 25, 2010, meeting and finalize the agenda.
V. 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: Provide input to staff on the long-range planning approach and
the Water Supply and Infrastructure Master Plan.
Recommendation:
1. Review
and approve the criteria for prioritizing water utility capital projects;
2. Review
and approve the Preliminary FY 2010/11 Five-Year CIP list of projects funded by
the water utility enterprise; and
3. Provide
direction to staff on constraints to recommending groundwater production charge
rates for FY 2010/11.
Recommendation: Receive information regarding engineer's estimates for
construction projects compared to bids received.
Recommendation:
1. Receive
and discuss information regarding 2009 water supply conditions in preparation
for 2010.
2. Adopt
resolution extending 15 percent mandatory water conservation through June 30,
2010.
VI. 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. Discuss
current status of Three Creeks Habitat Conservation Plan and Santa Clara Valley
Habitat Plan; and
2. Discuss
the exclusion of steelhead trout in the Santa Clara Valley Habitat Plan.
Recommendation:
1. Consider
the potential environmental effects of the project as discussed in the
Calabazas Creek Flood Protection Project Final Initial Study and Mitigated
Negative Declaration (MND);
2. Adopt
the Resolution adopting the Final Initial Study and MND, Findings of Fact, and
Mitigation Monitoring and Reporting Program for the Calabazas Creek Flood
Protection Project; and
3. Approve
the project.
Recommendation:
1. Approve
the consultant agreement with HDR Architecture, Inc. (HDR) to provide
professional engineering services for the Structural Evaluation of Control
Buildings Project not to exceed $555,186;
2. Authorize
the CEO to sign the Agreement with HDR Architecture, Inc.; and
3. Authorize
the CEO to approve an amendment(s) to fund supplementary services up to
$28,000.
Recommendation:
1. Approve
Sole Source Agreement with Harris Stratex Networks Operating Corporation for a
not to exceed amount of $998,784 to provide programming, design and
implementation services for the Microwave Telecommunications Project (Project);
2. Authorize
the CEO or designee to approve Supplementary Services up to $50,000;
3. Find
that Harris Stratex equipment should be designated by specific brand name to
obtain a necessary item that is available from only one source; and
4. Authorize
staff to negotiate, execute and enter into a sole source/single source Purchase
Order for up to a not to exceed amount of $970,000 with Harris Stratex for the
manufacture, sale, delivery, installation, warranty and post warranty support
of the microwave radio equipment for the Project.
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-09-0123,
Staff is to investigate ways to submit committee agendas, recommendations and
minutes for Board approval earlier in the process. (L. Knoff)
c. R-09-0124,
Staff is to investigate ways to submit committee agenda additions for Board Chairperson
approval when there is insufficient time for full Board consideration. (M.
Ruiz)
23.
Chief
Executive Officer Report.
VII. NEW BOARD MEMBER REQUESTS.
24.
Clerk's
Review of New Board Member Requests.
VIII. CLOSED SESSION:
IX. ADJOURN: