SPECIAL BOARD MEETING

HEADQUARTERS - BOARD ROOM

5700 Almaden Expressway

San Jose, CA 95118

Tuesday, December 15, 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. Resolution of Appreciation for Director Sig Sanchez. (L. Knoff)

Recommendation: Adopt the resolution expressing appreciation to outgoing Director and Chair Sig Sanchez.

4. Resolution of Appreciation for Lauren L. Knoff Upon Her Retirement as Clerk of the Board. (Board of Directors)

Recommendation: Adopt the resolution expressing appreciation to outgoing Clerk of the Board Lauren L. Knoff.

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.

5. Notice of Completion of Contract and Acceptance of Work for the Lower Silver Creek Reach 6B, Moss Point Drive to Cunningham Avenue, Joseph J. Albanese, Inc., Contract No. C0552, Project No. 40264008 (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.

6. Approval of Minutes - November 10, 2009, Regular Meeting and November 12, 2009, Special Meeting.

Recommendation: Approve the minutes.

7. Proposed 2010 Advisory Committee Work Plans for Board Consideration. (M. Klemencic / J. Fiedler)

Recommendation:

1. Consider and discuss the proposed 2010 work plans for each of the Board's Advisory Committees;

2. If desired, modify proposed 2010 work plan agenda items; and

3. Direct staff to finalize the 2010 Advisory Committee work plans, as presented, or as modified by the Board.

8. Follow-up from Board Policy Work Study Sessions and Review of Board Governance Processes. (M. Ruiz)

Recommendation:

1. Adopt Board Governance Policies language revisions;

2. Review and adopt the Board's Ends Policies and review CEO Interpretations;

3. Review and adopt policies, as requested by the Board:

a) GP-5: Policy regarding Board Chair approval of Advisory Committee agenda items;

b) EL-9: Policy regarding informing the Board of collaborative agreements; and

c) Glossary of Terms: Inclusion of definition of "collaborative"; and

4. Review and discuss the Board Governance Processes, including the Board Member's Code of Conduct (GP-6), and direct staff as deemed appropriate.

9. 2010-2011 Environmental and Landscape Advisory Committees Nominations and Resolutions of Appreciation for Outgoing Committee Members. (L. Knoff)

Recommendation:

1. Approve nominations for appointment and reappointment of the members of the Environmental Advisory Committee;

2. Approve nominations for appointment and reappointment of the members of the Landscape Advisory Committee; and

3. Adopt Resolutions of Appreciation for outgoing Committee members.

10. Agricultural Water Advisory Committee - Draft Minutes of October 5, 2009 Meeting and Draft Agenda of January 19, 2010 Meeting. (K. Whitman)

Recommendation:

1. Note the draft minutes of the October 5, 2009 Agricultural Water Advisory Committee meeting;

2. Consider the draft agenda for the January 19, 2010 meeting and finalize the agenda.

11. Landscape Advisory Committee - Draft Minutes of October 8, 2009 Meeting, Draft Agenda of January 14, 2010 Meeting, and Consideration of Committee Requests to the Board. (K. Whitman)

Recommendation:

1. Note the draft minutes of the October 8, 2009 Landscape Advisory Committee meeting;

2. Consider the Committee's requests and related staff analyses:

a. The Board agendize a presentation on Match Precipitation Rotator Nozzles that includes information on other technologies;

b. The Board agendize regular updates on the State's Draft Model Water Efficient Landscape Ordinance and local group efforts;

c. The Board direct staff to explore rainwater harvesting as a local water conservation technique; and

d. The Board direct staff to provide an update on water re-use and recycling efforts; and

3. Consider the draft agenda for the January 14, 2010 meeting and finalize the agenda.

12. Board Planning Calendar.

Recommendation: Discuss the planning calendar.

13. 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.

14. Fiscal Year 2010-11 Budget Development Updates. (D. McClain)

Recommendation:

1. Accept the report on the status of the development of the FY 2010-11 budget; and

2. Provide direction to staff on FY 2010-11 Board priorities and areas of focus.

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.

15. Lower Guadalupe River, State Highway 237 Eastbound Bridge Replacement Project, Contract No. C0512 with Flatiron (Formerly FCI Constructors, Inc.), Project No. 30154011, Additional Funds to Pay for the Settlement of Flatiron's Construction Claim Against the District. (K. Oven)

Recommendation: Approve a budget adjustment of $550,000 to provide adequate funds in the Lower Guadalupe River Project to pay for the settlement of Flatiron's construction claim against the District.

16. Fiscal Year 2008-09 Year End Closing Budget Adjustment and Fiscal Year 2009-10 Budget Adjustment to Update Reserve Balances and Carry Forward Budget for Capital Projects. (D. McClain)

Recommendation:

1. Approve the FY 2008-09 year-end closing budget adjustment to bring the final budget in alignment with the financial statements currently under audit; and

2. Approve the FY 2009-10 budget adjustment to update the budgeted reserves to reflect the impacts of the prior year-end actual reserves balances for all funds.

17. CEO Bulletin for the Week of November 27 - December 3, 2009, Including the Following Responses to Board Member Requests:

a. R-09-0054, Staff is to return to the Board with justification criteria for 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 on Board approval, under certain circumstances. (K. Oven)

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

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

e. R-09-0122, Staff to look into possibility of a committee of outside citizens to review and make recommendations on Board compensation. (L. Knoff)

f. R-09-0127, Staff to agendize a proposal for a Board Legislative Committee. (R. Callender)

18. Chief Executive Officer Report.

VIII. NEW BOARD MEMBER REQUESTS.

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

IX. CLOSED SESSION:

20. CLOSED SESSION

Public Employee Appointment/Employment,

Pursuant to Government Code Section 54957(B)(1)

Position: Clerk of the Board

21. CLOSED SESSION