HomeMy WebLinkAbout2003-09-15 City Council (7)C Man
TO:HONORABLE CITY COUNC~
City of Palo Alto
ager’s Report
FROM:CITY MANAGER DEPARTMENT:PLANNING AND
COMMUNITY ENVIRONMENT
PUBLIC WORKS
2
DATE:
SUBJECT:
SEPTEMBER 15, 2003 CMR:431:03
A RESOLUTION OF THE CITY COUNCIL OF SUPPORT OF THE
SANTA CLARA VALLEY WATER RESOURCES PROTECTION
COLLABORATIVE MEMORANDUM OF CONSENSUS FOR
MUTUAL COOPERATION TO JOINTLY DEVELOP AND
IMPLEMENT WATER AND WATERSHED RESOURCES
PROTECTION MEASURES, GUIDELINES AND STANDARDS IN
SANTA CLARA COUNTY
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution in support of the Santa
Clara Valley Water Resources Protection Collaborative Memorandtun of Consensus for
Mutual Cooperation to Jointly Develop and Implement Water and Watershed Resources
Protection Measures, Guidelines and Standards in Santa Clara County (Memorandum of
Consensus).
BACKGROUND
The Santa Clara Valley Water District (SCVWD), per its Ordinance 83-2, is responsible
for stewardship and management of water resources, providing safe and adequate
drinking water, ensuring surface and groundwater quality and quantity, protecting and
enhancing riparian habitat, and providing effective management of flood risks. The
SCVWD has considered amendments to Ordinance 83-2 to better achieve water and
watershed protection goals by extending SCVWD permitting jurisdiction to sensitive
groundwater areas, as well as areas located beyond its traditional jurisdictional boundary
of 50 feet from SCVWD facilities and streams within Santa Clara County.
The cities in Santa Clara County and the County of Santa Clara raised concerns regarding
the proposed revisions to Ordinance 83-2, based upon the primacy of their own
jurisdiction over planning and permitting activities in the areas the SCVWD wishes to
extend its jurisdiction. The cities and County were also concerned that proposed
revisions to Ordinance 83-2 might conflict with recently imposed requirements under
Section C.3 of the National Pollutant Discharge Elimination System Permit.
CMR:431:03 Page 1 of 4
In response to the above concerns, an informal, ad hoc working group, named the Santa
Clara Valley Water Resources Protection Collaborative (Collaborative), was convened in
February 2003. The Collaborative consists of representatives from 15 municipalities,
including the City of Palo Alto, the County, the SCVWD, and other private and public
interest groups. The Collaborative met six times between February and July 2003.
The Collaborative’s work to-date has consisted of:
¯developing a mission and ground rules;
¯preparing a definition of water and watershed resources protection problems;
*creating of a steering committee to provide oversight and guidance;
¯creating of work teams to address specific issues;
¯development of milestones and a timeframe for accomplishing its work.
DISCUSSION
The Collaborative prepared a Memorandum of Consensus (attached) that details the
Collaborative’s goals, responsibilities, process, foundation principles, key elements, work
products and milestones. At its meeting on July 24, 2003, the members of the
Collaborative ratified and signed the Memorandum of Consensus. At that meeting, the
Collaborative discussed the timing of obtaining Resolutions of Support of all their
respective Councils, Boards or governing bodies. The City Councils of Cupertino,
Mountain View, Gi~oy and Santa Clara have already adopted the Resolution. By the end
of September 2003, it is anticipated that all of the governing bodies will have been
presented and voted on the Resolution of Support. The Collaborative feels this support is
essential for Collaborative members to participate in and complete the proposed work.
The Collaborative also feels that process management and facilitation are an essential
component of its success and believes a cost-sharing mTangement amongst the
participating agencies may be needed for the continuation of facilitation services.
The Collaborative discussed other water resources and watershed planning organizations
and processes underway in the Santa Clara Valley and the need to coordinate the
Collaborative’s work with the work of those organizations. These organizations include
the Santa Clara Valley Watershed Management Initiative, the Santa Clara Valley Urban
Runoff Pollution Prevention Program and the District’s Watershed Stewardship Plans.
One of the Collaborative’s milestones is to develop a District strategic plan that addresses
linkage between the Collaborative’s work and the work of these organizations.
The Collaborative intends to meet quarterly for the next year, with the next meeting set
for October 30, 2003. Milestones have been established for each of the next four
quarters. Ultimately, the Collaborative intends to develop guidelines and standards that
delineate the roles and responsibilities of the SCVWD, cities, County and other
stakeholders to ensure that planning and permitting fimctions are administered in a
consistent manner. SCVWD staff will recommend to the SCVWD Board to hold
Ordinance 83-2 revisions in abeyance until the above guidelines and standards have been
developed and implemented.
CMR:431:03 Page 2 of 3
RESOURCE IMPACT
Currently, there is no impact to City resources, other than the time staff spends
participating in the Collaborative. In the future, the City may be asked to participate in a
cost-sharing arrangement with the other Collaborative members for the services of a
facilitator.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
The Resolution of Support is not considered a project under CEQA. If the Collaborative
subsequently develops water and water resources protection guidelines and standards,
environmental review under the California Environmental Quality Act (CEQA) would be
required prior to adoption of those measures by the City Council.
ATTACHMENTS
Attachment A:
Attachment B:
PREPARED BY:
Resolution of Support of the Santa Clara Valley Water Resources
Protection Collaborative Memorandum of Consensus
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
BOB MOR~S
PREPARED BY:
DEPARTMENT HEAD:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
~ager
./STEVE tEMSLIE
D~r of Pl~mg~--)/j
GLE~ ROBERTS
D~ector of Public Wo~
Assistant City Manager
CMR:431:03 Page 3 of 3
ATTACHMENT A
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO IN SUPPORT OF THE SANTA CLAM VALLEY WATER
RESOURCES PROTECTION COLLABORATIVE MEMORANDUM OF
CONSENSUS FOR MUTUAL COOPERATION TO JOINTLY
DEVELOP AND IMPLEMENT WATER AND WATERSHED
RESOURCES PROTECTION MEASURES, GUIDELINES AND
STANDARDS IN SANTA CLAKh COUNTY
WHEREAS, the Santa Clara Valley Water District
("SCVWD"), along with staff representatives of the County of
Santa Clara ("County"), the Cities in Santa Clara County
("City, .... Cities"), the Guada!upe-Coyote Resource Conservation
District ("GCRCD"), the San Francisco Bay Regiona! Water Quality
Control Board, various business and development interests,
environmental and community interests, and a representative of
property owners’ interests have formed and are members of the
Santa Clara Valley Water Resources Protection Collaborative
("Collaborative"); and
WHEREAS, all Collaborative members share the water and
watershed resources protection goals of flood management,
drinking water quality and adequate quantity, surface and
groundwater quality and quantity, and habitat protection and
enhancement; and
WHEREAS, it is recognized that the SCVWD~, Cities and
County through implementation of their National Pollutant
Discharge Elimination System (NPDES) Permits, Best Management
Practices and other means have continuously acted to protect the
watersheds, water quality and water resources in Santa Clara
County; and
WHEREAS, the SC%~D, Cities, County and GCRCD are
committed to furthering these goals through the implementation
of existing policy, and the timely adoption by the SCVWD, Cities
and County of !and deve!opment policy, guidelines and standards
developed col!aborative!y with other stakeholders; and
WHEREAS, in order to accomplish these goals, the
t__e immortance of............... recognizes h the interests and
principles of: delineation of responsibility for a6ministering
co!!aborativeiy developed policies, guidelines, and standards,
as may be approved, to which SCVWD, County and City activities
and permit review shall conform; monitoring and accountability;
and private creek-side property owners; and
030909 sm 0100119
WHEREAS, it is recognized that local control is the key
principle to the implementation of resource protection goals,
that Cities and the County are the primary jurisdictions for
land use planning and land use permit regulation; and
WHEREAS, the broader stakeholder community has an
important role in !oca! stewardship and enhanced resource
protection; and
WHEREAS, the Collaborative has reached consensus on
Foundationa! Principles and Key Elements to guide cooperative
efforts aimed at enhanced water and watershed resources
protection.
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION I.The City Council supports the consensus
of the Santa Clara Valley Water Resources Protection
Collaborative as set forth in the Memorandum of Consensus to
Jointly Deve!op and implement Water and Watershed Resources
Protection Measures, Guidelines and Standards in Santa Clara
County;
SECTION 2.The City Council supports the efforts
of the staff representatives of the Collaborative to develop and
propose for future adoption by the respective Boards of the
County and the SCVWD and the Councils of the Cities those water
and watershed resources protection measures, guidelines and
standards that are developed in accordance with the Memorandum
of Consensus to Jointly Develop and Implement Water and
Watershed Resources Protection Measures,Guidelines and
Standards in Santa Clara County.
//
//
//
//
//
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030909 sm 0100119 2
SECTION 3. The Council finds that this is not a project
under the California Environmenta! Quality Act and, therefore,
no environmenta! impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
City Attorney City Manager
Director of Public Works
Director of Administrative
Services
030909 sm 0100119 3
ATTACHMENT B
SANTA CLARA VALLEY
WATER RESOURCES PROTECTION COLLABORATIVE
MEMORANDUM OF CONSENSUS FOR MUTUAL COOPERATION
TO JOINTLY DEVELOP AND IMPLEMENT WATER AND
WATERSHED RESOURCES PROTECTION MEASURES, GUIDELINES
AND STANDARDS IN SANTA CLARA COUNTY
Ratified July 24, 2003
Santa Clara Valley Water District, City of Campbell, City of Cupertino,
City of Gilroy, City of Los Altos, Town of Los Altos Hills, Town of Los
Gatos, City of Milpitas, City of Monte Sereno, City of Morgan Hill, City
of Mountain View, City of Palo Alto, City of San Josfi, City of Santa
Clara, County of Santa Clara, City of Saratoga, City of Sunnyvale,
Guadalupe-Coyote Resource Conservation District, Santa Clara County
Farm Bureau, Silicon Valley Manufacturing Group, Home Builders
Association of Northern California, San Jose Silicon Valley Chamber of
Commerce, CLEAN South Bay, The Leagues of Women Voters of Santa
Clara County, Santa Clara Valley Audubon Society, and Families for Fair
Government
Facilitated by
CONCUR, Inc.
Scott McCreary, Ph.D., Principal-in-Charge, James Lewis, J.D., Pr~ect
Manager
SANTA CLARA VALLEY
WATER RESOURCES PROTECTION COLLABORATIVE
MEMORANDUM OF CONSENSUS FOR MUTUAL COOPERATION
TO JOINTLY DEVELOP AND IMPLEMENT WATER AND
WATERSHED RESOURCES PROTECTION MEASURES, GUIDELINES
AND STANDARDS IN SANTA CLARA COUNTY
WHEREAS, the Santa Clara Valley Water District ("SCVWD"), along with staff
representatives of the County of Santa Clara (" County"), the Cities in Santa Clara
County ("City," "Cities"), the Guadalupe-Coyote Resource Conservation District
("GCRCD"), the San Francisco Bay Regional Water Quality Control Board, various
business and development interests, environmental and community interests, and a
representative of property owners’ interests have formed and are members of the Santa
Clara Valley Water Resources Protection Collaborative (" Collaborative"); and,
WHEREAS, all Collaborative members share the water and watershed resources
protection goals of flood management; drinking water quality and adequate quantity,
surface and groundwater quality and quantity, and habitat protection and
enhancement; and
WHEREAS, it is recognized that the SCVWD, ~ities and County through
Implementation of their Nationa! Pollutant Discharge Elimination System (NPDES)
Permits, Best Management Practices and other means have continuously acted to
protect the watersheds, water quality and water resources in Santa Clara County; and
WHEREAS, the SCVVV-D, Cities, County and GCRCD are committed to
furthering these goals through the implementation of existing policy, and the timely
adoption by the SCVWD, Cities and County of land development policy, guidelines and
standards developed co!laboratively with other stakeholders; and
WHEREAS, in order to accomplish these goals, the Collaborative recognizes the
importance of the interests and principles of: delineation of responsibility for
administering collaboratively developed policies, guidelines, and standards, as may be
approved, to which SCVWD, County and City activities and permit review shall
conform; monitoring and accountability; and private creek-side property owners; and
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 1
WHEREAS, it is recognized that local control is the key principle to the
implementation of resource protection goals, that Cities and the Count3, are the primary
jurisdictions for land use planning and land use permit regulation; and
WHEREAS, the broader stakeholder community has an important role in local
stewardship and enhanced resource protection; and
WHEREAS, the Collaborative has reached consensus on Foundational Principles
and Key Elements to guide cooperative efforts aimed at enhanced water and watershed
resources protection.
NOW, THEREFORE, this consensus is set forth as follows.
Section I
Collaborative Process
tn furtherance of its responsibilities for achieving the goals of watershed
stewardship and comprehensive management of water resources, providing
safe and adequate drinking water, ensuring surface and groundwater quality
and quantity, protecting and enhancing riparian habitat and providing
effective management of flood risks, the SCVWD Board has considered
amendments to its Ordinance 83-2. These amendments ~vere intended to
better achieve water and watershed resources protection goals by extending
SCVWD permitting jurisdiction to sensitive groundwater areas, as well as
areas located beyond its traditional jurisdictional boundary of 50 feet from
SCVWD facilities and stream resources within Santa Clara County.
The Cities and C6unty raised concerns regarding these proposed revisions to
Ordinance 83-2, based upon the primacy of their own jurisdiction over
planning and permitting within their respective jurisdictions, as well as their
history of responsible actions protecting water resources through the exercise
of these planning and permitting activities.
The Cities and County- were also concerned that proposed revisions to
Ordinance 83-2 might conflict with recently imposed requirements under
Section C. 3. of the National Pollution Discharge Elimination System Permit,
under which the SCVWD, County and Cities within the jurisdiction of the
San Francisco Bay Regional Water Quality Control Board are co-permittees,
or prospective Phase II regulations to be developed by the Central Coast
Regional Water Quality Control Board, to be applicable to the cities of
Morgan Hill and Gilroy.
In response to those concerns, it was agreed that a collaborative, named the Santa
Clara Valley Water Resources Protection Collaborative, would be formally convened
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 2
for a 6 month period beginning on February 20, 2003. In order to represent as broad
a range of interests as possible, while maintaining a manageable and effective size,
the Collaborative’s membership was ultimately agreed to include:
15 municipalities (1 or 2 representatives each)
County of Santa Clara (2 representatives)
SCVVVD (3 representatives)
Regional Water Quality Control Board, SF Bay Region (! representative
GCRCD (1 representative)
Santa Clara County Farm Bureau (1 representative)
Environmental! Community Interests (3 representatives)
Business/Development Interests (3 representatives)
Property Owner Interests (1 representative)
The Collaborative was formally convened on February 20, 2003, and met thereafter
on each of the following dates: March 27, April 17, May 22, June 26, and July 24. The
Collaborative% work began with the formal ratification of a Mission and Ground
Rules, to focus and to guide its efforts. The Collaborative’s work continued with the
definition of water and watershed resources protection problems by the SCVWD.
Once these problems were clearly identified, and the common interests of the
Collaborative members in enhancing their ongoing and responsible stewardship of
these resources were confirmed, the Collaborative convened Work Teams tcr~address
specific issues to inform the CoHaborative’s further deliberations.
Section II
Foundational Principles and Key Elements
Based on the foregoing, the Collaborative members, individually and collectively, agree
on the following Foundational Principles and Key Elements:
Foundational Principles
1. All Collaborative members share the following four water and watershed resource
protection goals:
a. Flood Management
b. Drinking Water Quality and Adequate Quantity
c. Surface and Groundwater Quality and Quantity; and
d. Habitat Protection and Enhancement
2. The SCVWD, Cities and County, through implementation of their National Pollutant
Discharge Elimination System (NPDES) Permits and other permits, Best
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 3
Management Practices and other means have continuously acted to protect the
watersheds, water resources and water quality in Santa Clara County.
The SCVWD, Cities and County are committed to furthering these goals through the
implementation of existing policy, and the timely adoption of additional land
development policy, guidelines and standards jointly developed with other
stakeholders.
4.In order to accomplish these goals, the Collaborative recognizes the importance of
the following interests:
ao Implementation of City and County General Plans; and
Private creekside property owners’ rights and interests; and
Delineation of responsibility for administering such mutually agreed-upon
policy, guidelines and standards, as may be approved, to which the activities
and permit review by the SCVWD and Cities and County shall conform.
5. Local control is the key principle to implement resource protection goals.
a. The broader stakeholder community has an important role in local
stewardship and enhanced resource protection.
b. The Cities and the County are the primary jurisdictions for land use planning
and land use permit regulation.
6.Monitoring and accountability is necessary in order to assure the effectiveness of the
resulting water and watershed resources protection measures.
Key Elements
ao PLANNING
The SCVWD, Cities, County and the GCRCD Embrace the Water and Watershed
Resources Protection Objectives of the Collaborative; and Collaborative Members
Intend To Develop and To Recommend Approval in a Timely Manner by the
SCVWD, Cities and County of Policies, Guidelines and Standards in Order to
Protect These Resources.
The Collaborative recognizes the common interests of all Collaborative members in
the protection and enhancement of water and watershed resources, including
groundwater, surface water, and the habitat associated with waterways within Santa
Clara County.
In order to enhance the protection of these resources, and to progress towards more
uniform requirements for their protection, the SCVWD, Cities and County, together
with interested stakeholders, should work in partnership to collaboratively develop
policies, guidelines and standards in a timely manner, As may be adopted, these
policies, guidelines and standards will be implemented through the SCVWD’s,
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 4
Cities’ and County’s respective planning and permitting functions, and be applied
to their own capital projects and operations and maintenance activities.
2. Joint Development of Strategic Plans, including a SCVWD Strategic Plan,
The Collaborative recognizes that long-range goals for the protection and
enhancement of water and watershed resources are achieved most effectively
through the coordination and consistency of strategic planning efforts undertaken
by the SCVWD, Cities and County. Long-range planning activities of the SCVWD,
Cities and County should be undertaken with the maximum possible consultation
and early involvement of each other. Likewise, the Collaborative recognizes the
importance of a SCVWD Strategic Plan in setting a vision and policy framework for
water and watershed resources protection throughout Santa Clara County, and
urges the SCVWD to expand its own strategic planning activities in as
comprehensive a manner as possible.
3. Acknowledg~’nent of Differing Environmental Resources.
Recognition of the diversity of water and watershed resources throughout the
County is a Key Element in the successful collaborative development of policies,
guidelines and standards for the protection of these resources. The Collaborative
recognizes that different localities within the County, such as rural and urban, may
require different solutions with respect to water and watershed resources protection,
and that this recognition should be a fundamental consideration in the joint
development of policy, guidelines and standards for resources protection.
B. PERMIT REGULATION
1.Delineation of Responsibility for Resources Protection to the Cities and
County/Collaborative Development of Guidelines and Standards.
As the Collaborative clearly acknowledges the primacy of the Cities’ and County’s
authority over land use planning and permitting, it also recognizes the need to work
in partnership with the SC’vNVD and interested stakeholders to collaboratively
develop policies, guidelines and standards in order to continually enhance the
protection of water and watershed resources within Santa Clara County. This
process is intended to ensure that SC\WVD responsibilities for the protection and
enhancement of these resources will be implemented in a consistent manner, and
will demonstrate to the citizens of Santa Clara County, and to state and Federa!
agencies, local leadership in the stewardship of these resources.
2.Clear Identification of Respective Roles/Responsibilities, including the
Reciprocal Early Consultation Among the SCVWD, Cities and County in
Development Review.
By recognizing the primacy of the Cities’ and County’s author{ty over land use
planning and permitting, and the legitimacy and importance of the SCVWD’s
mission and responsibilities, the Collaborative is seeking to clarify the roles and
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 5
responsibilities of the SCVWD, Cities, Count5,, GCRCD, and stakeholder groups and
organizations.
The need for clarification is reflected in the Foundational Principles enumerated
above, as well as the key relationship between the delineation of responsibility for
resources protection to the Cities and County, and the joint development of policies,
guidelines and standards by the SCVWD, Cities, County and interested
stakeholders.
As guidelines and standards are developed, the early consultation of the SCVWD,
Cities and County in each others’ development review will help build a stronger
foundation of mutual understanding of how water and watershed resources
protection can be implemented through their planning and permitting. For that
reason, the Collaborative will undertake a pilot project between the SCVVV]D and
selected Cities, on a voluntary basis, to explore and to develop enhanced procedures
for the mutual consultation in each others’ planning and permitting activities.
SCVWD Staff Will Recommend that the SCVWD Board Hold Ordinance
Revisions in Abeyance Subject to a Timeline for the Development and
Implementation of Guidelines and Standards.
Controversy over the nature and scope of proposed revisions to the SCVWD’s
Ordinance 83-2 acted as a catalyst for the convening of the Collaborative. A Key
Element of the Collaborative’s consensus, therefore, is the SCVWD Board holding in
abeyance its enactment of any ordinance revisions without the consensus of the
Collaborative, subject to a reasonable timeline, as set forth below in Section C. This
timeline is intended to provide for the development and, as may be approved,
implementation of selected guidelines and standards jointly developed by the
SCVWD, Cities, County, GCRCD and interested stakeholders. This Element is
intended to preserve the status ~!uo regarding permitting near SCVWD facilities and
streams within Santa Clara County while Collaborative members undertake the
development of guidelines and standards that will subsequently be administered by
the SCVWD, Cities and County.
C. WORK PRODUCTS AND MILESTONES
In recognition of the commitment of Collaborative members to the timely
implementation of the objectives of this Memorandum, the follo~ving process,
timeline and milestones are agreed to:
The Santa Clara County Water Resources Protection Collaborative shall
continue to meet for one year on a quarterly basis, and serve to assess and to
direct progress towards the following quarterly milestones, commencing
August 1, 2003. The Collaborative will report its progress towards these
milestones, and the overall goals of the Collaborative, on a quarterly basis to
the SCVWD Board:
2. First Quarter Milestofies shall include:
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 6
Adoption of a Resolution of Support of this Memorandum by
the governing bodies and/or constituencies of the Collaborative
members;
SCVWD completion of a compendium of existing SCVWD
policies pertaining to the water and watershed resources
protection goals of the Collaborative;
Commencement of a Pilot Project between the SCVWD and
selected Cities, on a voluntary basis, to explore and to develop
enhanced procedures for involving the SCVWD, Cities and
County in each others’ planning and permitting activities on a
consultative basis;
Preparation of a definition of "surface and groundwater quality
and quantity," for purposes of developing an Outline of
Guidelines and Standards for the protection of such resources.
Preparation of an Outline of water and watershed resources
protection Guidelines and Standards for land use near streams.
Development of a process, scope and timeline for the
completion of a SCVWD Strategic Plan.
2. Second Quarter Milestones shall include:
a.Preparation of an Outline for Guidelines and Standards for the
protection of surface and groundwater quality and quantity.
b. Evaluate progress, scope and timeline for SCVVV-D Strategic Plan.
3. Third Quarter Milestones shall include:
Continuing Collaborative assessment and direction of the
development of Guidelines and Standards for land use near
streams and for the protection of surface and groundwater quality
and quantity; and
Preparation of an Outline for Implementation and Adaptive
Management Strategies.
d. Evaluate progress, scope and timeline for SCVWD Strategic Plan.
4. Fourth Quarter Milestones shall include:
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 7
a.Completion of Guidelines and Standards for land use near streams,
and for the protection of surface and groundwater quality and
quantity,;
bo Completion of a Pilot Program Report, which will include
recommendations for enhanced procedures for involving the
SCVWD, Cities and County in each others’ planning and
permitting activities county-wide, in a consultative capacity; and
Co Timeline for completion of Implementation and Adaptive
Management Strategies, and designation of an appropriate
Implementing Body to oversee the Adaptive Management Plan,
including public outreach.
d. Evaluate progress, scope and timeline for SCVWD Strategic Plan.
D.MONITORING, ASSESSMENT AND ADAPTIVE MANAGEMENT BY AN
APPROPRIATE IMPLEMENTING BODY
Throughout the Co!laborative’s proceedings, there has been the recognition that the
successful implementation of any policies, guidelines or standards intended to
protect water and watershed resources depends upon the development of
appropriate means to monitor and assess the effect of adopted measures. In
addition it is necessary to provide some means to revise those measures as needed
in order to achieve and enhance resources protection.
Accordingly, a Key Element in the joint development of guidelines and standards is
the designation of performance measures and monitoring strategies that can be
successfully employed to gauge the effectiveness of adopted measures. Of equal
importance is the designation of an appropriate Implementing Body to review the
results of monitoring and assessment of policies, guidelines and standards, as may
be adopted, and to propose revisions to those policies, guidelines and standards
which will enhance resources protection, or prove to be more practical and cost-
effective while advancing resources protection goals.
E. RESOURCE COMMITMENTS
In order to achieve the Milestones described in Section C, Collaborative members
agree to continued participation, on the quarterly schedule set forth above. The
Collaborative’s responsibility at these quarterly meetings will be to assess and direct
progress towards enumerated Milestones, and to review, revise and ratify Work
Products presented for the Collaborative’s consideration. Quarterly meetings may
be full day meetings, when necessary, but shall otherwise be scheduled as half-day
meetings.
Additionally, on a strictly voluntary basis, the SCVWD, Cities, County, other
organizations represented in the Collaborative, and interested stakeholders may
participate in such Technical Advisory Committees, or other Work Teams, as may be
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 8
convened on behalf of the Collaborative in order to develop the Work Products
required at each quarterly Milestone.
NOW, THEREFORE, in recognition of the foregoing, the undersigned signify thaf
they have (1) participated in the Collaborative, (2) that this Memorandum accurately
reflects the consensus reached among Collaborative members regarding Foundational
Principles and Key Elements, including the quarterly Milestones of Section C. above, to
guide cooperative efforts aimed at enhanced water and watershed resources protection,
and (3) that they will act in good faith to recommend approval of a Resolution of
Support of this Memorandum by their respective governing bodies and/or
constituencies.
Ratified this 24a day of July, 2003.
Santa Clara Valley Water District
Stanley M. Williams
Chief Executive Officer
James M. Fiedler
Deputy Operating Officer
Watershed Management Division
City of Campbell
Marc Klemencic
Assistant Operating Officer
Watershed Management Division
Sharon Fierro
Community Development Director
City of Cupertino
Ralph Quails
Public Works Director
City of Gilroy
Rick Smelser
City Engineer
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 9
City of Los Altos
Philip Rose
City Manager
Town of Los Altos Hills
James Porter
Director of Public Works
Carl Cahill
Planning Director
Town of Los Gatos
Mintze Cheng
City Engineer
John E. Curtis, P.E.
Director of Parks and Public Works
City of Milpitas
David M. (Mike) McNeely
City Engineer
City of Monte Sereno
Tambri Heyden
Planning Manager
Scott D. Alman, P.E.
Director of Public Works/City Engineer
City of Morgan Hill
Jim Ashcraft
Public Works Director
Santa Clara Valley Water,Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 10
City of Mountain View
Cathy R. Lazarus
Public Works Director
City of Palo Alto
Glenn Roberts
Public Works Director
City of San Josfi
Julie Caporgno
Advance Planning Manager
Carl Mosher
DirectorEnvironmental Services
Department
City of Santa Clara
Laurel Prevetti
Deputy Director, Department of
Planning, Building and Code
Enforcement
Rajeev Batra
City Engineer
County of Santa Clara
Ann Draper
Planning Director
City of Saratoga
Rollo Parsons
Roads and Airports Department
Ann Welsh
Assistant Planner
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 11
City of Sunnyvale
Barbara Keegan
Assistant Director of Public Works
Guadalupe-Coyote Resource Conservation SCVWD
Trudi Ryan
Planning Officer
Lawrence Johmann
Board Member
Santa Clara County Farm Bureau
Jenny Derry
Executive Director
Business/Development Interests
Margaret V. Bruce
Director, Environmental Programs
Silicon Valley Manufacturing Group
Crisand Giles
Executive Director, Southern Division
Home Builders Association
of Northern California
James I. Tucker
Vice President
San Jose Silicon Valley Chamber of Commerce
Environmental/Community Interests
Trish Mulvey
Co-Founder
CLEAN South Bay
Ann Coombs
The Leagues of Women Voters
of Santa Clara County
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 12
Craig Breon
Executive Director
Santa Clara Valley Audubon Society
Families for Fair Government
Michael Houlihan
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
July 24, 2003
Page 13
Collaborative Process Addendum
o
On December 11, 2002, the City of Cupertino funded, and together with the
SCVVV-D convened, a meeting to discuss the initiation of a collaborative
process to address resource protection goals, and potential jurisdictiona!
conflicts associated with achieving those goals. Planning and Public Works
officials from Local Agencies were invited to the meeting, as well as
numerous representatives of other governmental and non-governmental
organizations and stakeholders with interests in water and watershed
resources protection. CONCUR, Inc., (" CONCUR") an environmental
mediation firm with experience in facili.tating multi-stakeholder processes,
was invited to give a presentation concerning collaborative processes, and to
ans~ver questions regarding possible options for convening and conducting a
formal collaborative process addressing identified concerns and issues.
Cupertino Vice-Mayor Sandra James opened that meeting, and following
introductory remarks by Cupertino Public Works Director Ralph Qualls and
SCVWD CEO Stan Williams, CONCUR Principal Scott McCreary outlined potential
advantages of a facilitated, collaborative approach to coordinating the interests of
the SCV-V~rD, Local Agencies and interested stakeholders. At the conclusion of that
meeting, the SCVWD agreed to consider funding a Situation Assessment, to be
conducted by CONCUR for presentation at a further meeting on January 16, 2003.
As explained during the meeting, the Situation Assessment would be based
upon as many interviews of key participants at the December 11 meeting as
possible, and its conclusions would be summarized in a Convening Report.
The Convening Report would include recommendations concerning the
amenability of controversy to collaborative solution, and options and
recommendations for the composition and general mission of a collaborative
process. A Steering Committee was designated to work on administrative
details in the meantime, and to provide preliminary revision and comment on
the Draft Convening Report, Meeting Agendas, and other CONCUR work
products. The Steering Committee continued to serve in this capacity
throughout the Collaborative’s proceedings.
On January 16, 2003, the Convening Report was presented, and the composition and
general mission of a collaborative were agreed upon, to be funded by the SCVWD.
The decision to formally convene a collaborative was made by the consensus
decision of the participants at that meeting, which again included Planning and
Public Works officials from Local Agencies, as well as representatives of other
governmental and non-governmental organizations and stakeholders.
In order to compose the membership of the Collaborative, SCVWD CEO Stanley M.
Williams sent letters to the City Managers/County Executive of the Cities and
County, as well as the San Francisco Bay Regional Water Quality Control Board and
the GCRCD, inviting their participation, and requesting the formal designation of
Santa Clara Valley Water Resources Protection Collaborative
Collaborative Process Addendum
Page 1
July 24, 2003
representatives to the Collaborative. Interested representatives of the Santa Clara
County Farm Bureau, Environmental/Community Interests, Business/Development
Interests, and Property Owner Interests who had participated in initial meetings
were invited to "self select" appropriate representatives to serve on the
Collaborative.
On May 22, 2003, based upon its work to date, the Collaborative ratified a document
entitled "Elements of Collaborative Agreement," (Attachment D), which outlined
Foundational Principles and Key Elements upon which an agreement among its
members could be based.
On June 26, 2003, the Collaborative reviewed and revised the specific language of
this Memorandum, which is based upon the ratified "Elements of Collaborative
Agreement." The Collaborative also reviewed and revised a uniform Resolution to
accompany the Agreement for the consideration of the governing bodies and/or
constituencies of the Collaborative members.
Santa Clara Valley Water Resources Protection Collaborative
Collaborative Process Addendum
Page 2
July 24, 2003