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HomeMy WebLinkAbout1998-08-10 City CouncilCity of Palo Alto City Manager’s Report 4 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:AUGUST 10, 1998 CMR:315:98 SUBJECT:APPROVAL OF THE WATERSHED MANAGEMENT INITIATIVE SIGNATORY AGREEMENT RECOMMENDATION Staff recommends that Council authorize the City Manager to sign the attached Santa Clara Basin Watershed Management Initiative Signatory Agreement, and subsequent minor revisions which are consistent with the Mission and Goals stated on Page 1 of the Signatory Agreement.. BACKGROUND The Santa Clara Basin Watershed Management Initiative (WMI) is being undertaken in Order to implement an integrated watershed management approach to administering water pollution control programs. Palo Alto and the Partner Cities of the Regional Water Quality Control Plant are in the Santa Clara Basin - the watershed tributary to San Francisco Bay south of the Dumbarton Bridge. The key goal of the process is to develop an implementable Watershed Management Plan which will prevent and control water pollution and protect and enhance beneficial uses. Palo Alto serves on the Core Group of the WMI, because it operates one of three sewage treatment plants in the basin. The Core Group consists of government agencies, business representatives and environmental groups. Council recently approved a contract with the Association of Bay Area Governments to fund project management services for the WMI for one year at a cost of $99,780 (CMR:208:98). This contract is a major component of the resources Palo Alto has provided to the WM1 planning effort. The other major.contributors have been .San Jose, Sunnyvale, the Santa Clara Valley Water District, and the Santa Clara County Urban Storm Water Pollution Prevention Program. DISCUSSION, .The Signatory Agreement was created to secure a commitment to the planning process from the members of the Core Group. The document does not constitute a joint powers agreement or assign any authority to the WMI or the Core Group of the WMI. Further, the document does not commit resources to the WMI. The WMI is a planning group, and resources provided to it by Palo Alto and others are provided on a voluntary basis. CMR:315:98 Page 1 of 2 The Signatory~Agre.em.ent describes the planning process and the purpose of the WMI. It states that the Core Group will attempt to make all decisions about the Watershed Management Plan by consensus. When consensus is not possible, recommendations will be forwarded with minority opinions to entities adopting or implementing the Plan. RESOURCE IMPACT The Signatory Agreement does not contain a funding or resource commitment. ENVIRONMENTAL REVIEW The SignatoryAgreement does not constitute a project under the California Environmental Quality Act and no environmental assessment was performed. ATTACHMENTS CMR:208:98 Santa Clara Basin Watershed Management Initiative Signatory Document PREPARED BY: Phil Bobel, Manager, Environmental Compliance Division DEPARTMENT HEAD: GLENN S. ROBERTS Public Works Director CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR:315:98 Page 2 of 2 City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL 5 FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:JUNE.29, 1998 CMR:208:98 SUBJECT:APPROVAL OF CONSULTANT CONTRACT WITH THE ASSOCIATION OF BAY AREA GOVERNMENTS FOR PROJECT MANAGEMENT OF THE SANTA CLARA BASIN WATERSHED MANAGEMENT INITIATIVE RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached contract with the Association of Bay Area Governments in the amount of $99,780 to provide project management services for the Santa Clara Basin Watershed, Management Initiative. DISCUSSION Consultant Services Description The contract is for project management services for the Santa Clara Basin Watershed Management Initiative (WM1). The purpose of the WMI is the development of a Watershed Management Plan for the areas which drain to lower South San Francisco Bay (the portion of the Bay south of the Dumbarton Bridge). This includes most of Santa Clara County, and small portions of San Mateo and Alameda counties. The plan development involves a broad group of stakeholders, including local governments, special districts, regulatory agencies, businesses and citizen groups. The goal of the Watershed Management Plan is to protect and enhance the Bay, creeks, and associated wildlife habitat. Currently the project manager for the planning effort is employed by the Association of Bay Area of Governments (ABAG) at the request of the Watershed Management Initiative. The funding for the planning effort is coming from cities and grants. A major component ofPalo Alto’s contribution to the WMI is the subject contract. The major contributors to date have been the three cities with sewage treatment plants (Palo Alto, Surm.vvale, and San Jose), the Santa Clara County Urban Storm Water Pollution Prevention Program, and the Santa Clara Valley Water District. Consultant Selection ABAG agreed to act as the fiscal agent for the project management of the Watershed Management Initiative (WMI). The WM3 is not an entity with authority to collect or disperse funds. The City of San Jose signed the first contract with ABAG, Santa Clara Valley Water District the second, and Palo Alto’s contract would be the third such contract. There were CMR:208:98 Page 1 of 2 no other organizations positioned equivalently to A.BAG that could have served as the fiscal agent, therefore, proposals were not solicited. RESOURCE IMPACT Sufficient funds are available in the FY 1997-98 Wastewater Treatment Fund operating budget to fund the $99,780 contract with ABAG. ENVIRONMENTAL REVIEW The project management contract does not constitute a project under the California Environmental Quality Act and no environmental assessment was performed. ATTACHMENTS Contract PREPARED BY: Phil Bobel, Manager, Environmental Compliance Division DEPARTMENT HEAD: CITY MANAGER APPROVAL: Director of Public Works ~MILY~~SON Assistant City Manager CMR:208:98 Page 2 of 2 SANTA CLARA BASIN WATERSHED MANAGEMENT INITIATIVE SIGNATORY DOCUMENT Preamble The Parties enter into this Santa Clara Basin Watershed Management Initiative Process (Process) to develop recommendations to protect and enhance beneficial uses of water~ and to prevent and control water pollution in the Santa Clara Basin2. This Watershed3 Management Initiative (WMI) effort is being undertaken as part of the United States Environmental Protection Agency, State Water Resources Control Board, and San Francisco Bay Regional Water Quality Control Board efforts toward implementing an integrated watershed management approach to administering water pollution control programs. Mission Protect and enhance the watershed, creating a sustainable future for the community and the environment. 2. 3. 4. Goals Ensure that the WMI is a broad consensus-based process. Ensure that necessary resources are provided for the implementation of the WMI. Simplify compliance with regulator)’ requirements without compromising environmental protection. Balance the objectives of water supply management, habitat protection, flood management, and land use to protect and enhance water quality. Protect and/or restore streams, reservoirs, wetlands and the bay for the benefit of fish, wildlife and human uses. Develop an implernentable Watershed Management Plan. ~ Beneficial uses of water: State policy for water quality control in California is directed towards achieving the highest water quality consistent with maximum benefit to the people of the state. Beneficial uses are the resources, services and qualities of aquatic ecosystems and underground aquifers that are the ultimate goals of protecting and achieving high water quality. (Source: San Francisco Bay Region Water Quality Control Plan) 2 Santa Clara Basin: the administrative unit used by the RWQCB to designate the beneficial uses of the water bodies and watersheds which drain into the San Francisco Bay south of the Dumbarton Bridge. The Basin includes portions of Santa Clara, San Mateo and Alameda counties. 3 Watershed: the land area which drains into a single or system of streams, rivers or channels. SCBWMI 1 (Rev 618/98) Process The Watershed Management Initiative Process consists of: o 2. 3. 4. 5. Gathering and evaluating data to determine the state of the Santa Clara Basin, Identifying conditions affecting the Basin, Developing goals for the conditions of the Basin, Issuing a report on the results of this effort, and Developing recommendations which include techniques designed to protect, maintain and enhance beneficial uses of water in the Santa Clara Basin. The Parties agree on the following principles: o ° Principlesr o A Watershed Management Plan (Plan) should be developed. The Plan: a.Should reduce watershed conflicts. bo Co do Should meet the needs of and have the political and economic support of the present generation, without compromising the needs of future generations. Should provide a practical means of maximizing benefits and minimizing adverse impacts on riparian, wetland and other ecosystem habitat within the Basin. Should have clear goals and measurable objectives. Should be implementable, affordable, and prioritized, and make efficient use of the limited resources available. Each stakeholder will contribute to the success and implementation of the Initiative Process and Plan. It should be funded equitably by agencies, and through grants, voluntary contributions and/or other similar sources. The Initiative Process will: ao bo d° Solicit participation of the broadest range of interests, including regulatory, business, environmental, government and the public. Operate on the principle of continuous improvement with periodic self checks and modifications as appropriate. Recognize and support the provisions of responsible water supply, flood management, pollution control and environmental protection for the Santa Clara Basin. Support public awareness and continued funding for programs and activities that implement the Plan. SCBWMI (Rev 6/8/98) ho Evaluate and support land use plans and development practices compatible with the objectives of providing: an adequate water supply, flood management, pollution control and other environmental protection objectives. Strive to continually improve scientific understanding of the watershed system and modify the Plan accordingly. Provide a forum for conflict resolution and consensus building among the diverse interests in the watershed by addressing the needs of the parties, agencies, organizations, and interests represented in the Core Group. Take into consideration current fiscal, regulatory and environmental conditions and best management practices while developing the Plan. Purposes of The Core Group The signatories of this Signatory Document shall constitute a Core Group for the Watershed Management Initiative (Core Group). The Core Group consists of various public agencies and organizations but is designed to include all major stakeholders in the Santa ClaraBasin. Members of the Core Group will: 1) Inform their communities about Core Group direction and activities: 2) Support the work of the Core Group to the sponsor organizations; 3) Bring the concerns of their agencies or organizations to the Core Group. These agencies and organizations are not required to carry out recommendations of the Core Group, but shall give due consideration to such recommendations and take actions they consider appropriate. Their representatives in the Core Group shall report back to the Core Group on an)’ actions taken by their agencies or organizations in response to Core Group recommendation. The Core Group will welcome, and respond to, as appropriate, input on the Initiative Processes that are proposed by public agencies, private companies, non-profit groups and individuals. The Core Group shall: 1. 4. 5. 6. Tasks And Responsibilities of Core Group Oversee the process of the Watershed Management Initiative leading to the development of the Watershed Management Plan. Seek funding to develop the Watershed Management Plan and utilize available resources, and encourage coordinated efforts to protect and enhance.natural resources and the "livabilit3’" of the Santa Clara Basin. Approve a program budget once adequate funding has been obtained. Identify the desired condition and beneficial uses of the watershed and lower South Bay. Compile and use available resource information to determine the current condition of the watershed. Study the existing condition of the watershed and methods of preserving and enhancing its environment. SCBWMI 3 (Rev 6/8/98) Identify and establish an effective public involvement and education program to ensure citizen participation in natural resource management of the Basin. Promote ongoing monitoring of environmental health indicators of the Basin. Core Group Cooperative Membership The Core Group shall consist of signatory agencies and organizations. Each signatory shall have one representative and an alternate selected by its agency or organization. When a representative is unable to regularly attend the Core Group will request the agency or organization to nominate a replacement representative. Additional members may be added by a vote of the majority of the existing members present and voting. Each member is entitled to one vote. Members shall be entitled to withdraw.upon the decision of their agency or organization. The Core Group shall select a chairperson to preside over meetings who shall serve in that capacity at the pleasure of the Core Group. Some.specific ground rules should be chosen. The Core Group may form subgroups or task forces from among its members and seek technical assistance: o o Core Group Decision Making The Core Group members will use a consensus decision-making process. A consensus does not mean the recommendation or action is everyone’s first choice; it means that everyone is reasonably satisfied with or has no strong objection to that recommendation or action and will support the Core Group decision. At the Core Group meetings the Core Group members may utilize persons to serve as Chair and facilitator. The Chair working with the facilitator will conduct the meeting, seek full participation of members, keep discussions focused, and help members reach a consensus. Periodically during a decision-making process, the facilitator shall check in with members to determine the level of a consensus on an issue. Everyone present will be encouraged to participate and express their opinions and concerns at the. meetings, prior to decision making. Sufficient time wil! .be provided for the members to seek advice from constituents, agencies, or other experts, when desired, before a decision is adopted by the Core Group. If the Core Group members cannot reach a consensus the recommendation or action taken will acknowledge the minority opinion. When the Core Group recommendation is advanced to policy or decision making bodies that recommendation or action will be advanced recognizing the minority opinion within the Core Group. When a decision is reached by consensus, Core Group members will support adoption or implementation of the decision by their sponsoring organizations. SCBWMI 4 (Rev 618/98) Core Group Participation The Core Group will hold regular meetings and follow agreed upon ground rules. An agenda will be sent to all Core Group members and to those who request it. Business will be conducted by those present. All the Core Group members are committed to actively participate. The Core Group members will inform the community about Core Group direction and activities. Core Group members will support the work of the Core Group to the sponsor organizations and will bring their organizations’ concerns tO the Core Group. Each member will brief their alternate on all issues and proceedings prior to the alternate’s attendance at Core Group meetings. 5. Members will make every effort to attend all Core Group meetings. If they are unable to do so they ¯ will notify their alternates. Member organizations will notify the Core Group chair if both the member and their alternate are unable to attend a Core Group meeting. If the member and their alternate are unable to attend a meeting, the member may provide written comments or ask another member to represent their position or ask for a delay on a particular issue. However, an absent member may not block a consensus. 8.Members will notify the Core Group if they plan tovacate their positions and identify replacements. Public Information and Media Contacts Public information and media contacts will be coordinated through the Chair. Members are encouraged to discuss and promote decisions and activities of the Core Group with broader constituencies and provide feedback to the Core Group from such contacts. Term of Office The term of the chair(s) will be one year. Following the year, the Core Group may r.eelect or reappoint the chair(s) for another term or select a new chair(s). Amendments A Core Group member may propose amendments to the Signatory Document at any time. After notifying all members of the proposed amendment, it will become effective upon a consensus of the Core Group. SCBWMI 5 (Rev 6/8/98) SANTA CLARA BASIN WATERSHED MANAGEMENT INITIATIVE SIGNATURE PAGE By signing this page the following agencies and organizations agree to this Signatory Document. Name: Signature of Authorized Representative: Title: Agency/Organization: Date: SCBWMI (Rev 6/8/98)