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HomeMy WebLinkAbout2003-10-27 City Council (8)TO: FROM: City of Palo Alto City Manager’s Report H ~~EE-CITY-CO~CIY I 0CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:OCTOBER 27, 2003 CMR:466:03 SUBJECT:ACCEPTANCE OF THE WATERSHED ACTION PLAN AND CONTINUED COMMITMENT TO PARTICIPATE IN THE SANTA CLARA BASIN WATERSHED MANAGEMENT INITIATIVE RECOMMENDATION Staff recommends that Council: 1) 2) Accept the Watershed Action Plan (Executive Summary - Attachment A) as prepared by the Santa Clara Basin Watershed Management Initiative, and Authorize the City Manager to execute the Santa Clara Basin Watershed Management Initiative 2003 Signatory Document (Attachment B), to confirm the City’s continued commitment to participation in the Watershed Management Initiative activities. BACKGROUND The Watershed Management Initiative (WMI) is a community-based stakeholder process focused on protection and improvement of the Santa Clara Basin Watershed, which encompasses southern San Francisco Bay and the 840 square mile area that drains into the South Bay. There are currently 35 participants in the WMI ("signatory" agencies and organizations), including local, state and federal agencies; trade organizations such as the Silicon Valley Manufacturing Group, the Homebuilders Association, the San Jose Silicon Valley Chamber of Commerce and the Farm Bureau and Cattlemen’s Association; and numerous civic and environmental groups. The Santa Clara Basin was named as one of the Regional Water Quality Control Board’s pilot Watershed Management Initiatives in 1996. Interested stakeholders, including the City, began meeting at that time. After agreeing to its mission and goals, the stakeholders determined that it was time to formalize the process and, in 1999, developed the °°WMI Signatory Document", a statement of the goals of the WMI and the principles of participation. Each stakeholder organization officially became a participant in the WMI when their governing board approved the Signatory Document. Council approved the original Signatory Document in 1999. CMR:466:03 Page 1 of 4 One of the primary goals of the WMI was to have the participants work collaboratively to develop a Watershed Action Plan (Plan). The Watershed Action Plan was approved by representatives of the 35 WMI participants in September 2003 (Executive Summary - Attachment A). The Plan is being presented for Council acceptance. Participants in the WMI have also revised the Signatory Document to reflect completion of the Plan and to affirm the participants’ desire to continue with WMI activities, as the Initiative moves from the planning phase to the implementation phase. DISCUSSION Watershed Management Initiative Action Plan The Plan establishes eight "Strategic Objectives," or desired results from the successful implementation of the Plan: ¯Incorporate the WMI vision into General Plans and Area Specific Plans; ¯Promote drainage systems that detain or retain runoff; ¯Integrate multi-use planning of floodplains and riparian corridors; ¯Integrate water resource planning; ¯Increase and improve the use of Habitat Conservation Plans/Natural Community Conservation Plans; ¯Expand the Don Edwards San Francisco Bay National Wildlife Refuge; ¯Implement multi-objective stream restoration projects; and ¯Improve understanding and control of water pollutants. Participants in WMI are currently working on a first-year work plan for implementing the Strategic Objectives of the Watershed Action Plan, discussing its organizational structures and identifying/clarifying linkages with other regional initiatives, such as the Water Resources Protection Collaborative, salt pond restoration efforts, and the Santa Clara Valley Urban Runoff Pollution Prevention Program. WMI participants will now concentrate their efforts on the actions needed to implement the Strategic Objectives by focusing on three general tasks: ¯Providing a stakeholder forum for watershed-related issues for the Santa Clara Basin; ¯Bringing consensus-based recommendations to decision makers; and ¯Providing a forum for watershed outreach and education to encourage public support and action to preserve and enhance the watershed. Watershed Management Initiative Signatory Document In addition to recommending acceptance of the Watershed Action Plan, it is recommended that that Council confirm the City’s continued commitment to participate CMR:466:03 Page 2 of 3 in the Watershed Management Initiative activities by authorizing the City Manager to execute the Santa Clara Basin Watershed Management Initiative 2003 Signatory Document. The original Signatory Document, which the City executed in 1999, does not cover implementation of the Watershed Action Plan. Execution of the 2003 Signatory Document will commit the City to continued participation in the WMI. It does not obligate the City to take action on and/or fund any part of the proposed actions. Action items requiring Council approval will still remain discretionary for the Council. RESOURCE IMPACT Funds to support staff participation in the Watershed Management Initiative are available within the FY 2003-2004 Public Works operating budget. POLICY IMPLICATION Recommendations of this staff report are consistent with existing City policies. ENVIRONMENTAL REVIEW This action does not constitute a project under CEQA. ATTACHMENTS Attachment A: Watershed Management Plan Executive Summary Attachment B: Signatory Document PREPARED BY: DEPARTMENT HEAD: PHIL BOBEL Manager, Environmental Compliance GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR:466:03 Page 3 of 3 ATTACHMENT A SANTA CLAEA BAStN WMI’ WATERSHED MANAGEMENT INITIATIVE EXECUTIVE SUMMARY SAN FRANCISQUITO WATERSHED ES-1 The WM! and the Watershed Action Plan The Santa Clara Basin Watershed Management Initiative (~VIVlI) is a collaborative, stakeholder-driven effort among representatives from regional and locM public agencies; civic, environmental, resource conservation and agricultural groups; professional and trade organizations; business and industrial sectors, and the public. The WM!’s watershed, the Santa Clara Basin, encompasses southern South San Francisco Bay (south of the Dumbarton Bridge) and the 840-SANTA CLARA BASIN square-mile area that drains to it. SAyLANDS UPPER PENITENCIA WATERSHED implementation. The WMl’s mission is to protect and enhance the watershed, creating a.sustainable future for the community and the environment. The W-MI’s goals are: Ensure that the WiVH is a broad, consensus-based process. Ensure that necessary resources are provided for V~I Simplify compliance with regulatory 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 implementable Watershed tPranagement Plan that incorporates science and will be continuously improved. ES-I SANTA CLARA BASIN WATERSHED MANAGEMENT INIIIATIVE The v~q%~I’s WatershedJ~/lanagement_P]an consists of three volumes: i. A YVatershed C~aracteristics t~eport, produced in 2000-2001. A PVa tershed Assessmen ~ 7{eport, completed in February 2003, which presents the results of pilot assessments conducted in the Guadalupe River, San Francisquito Creek, and Upper Penitencia Creek watersheds. 3. This Watershed Action To create the W~tershedAction Plan, subgroups of stakeholders f~rst developed about 112 "Action Worksheets." The Action W’orksheets defined the W!Vfl stakeholders’ universe of common concerns and represented preliminary consensus on what is to be done to protect and enhance Santa Clara Basin watersheds. A Watershed _Action Plan Technical Advisory Group, composed of stakeholder technical staff, helped prepare the Action Plan. ES-2 The WMi’s Vision for Santa Clara Basin Watersheds Mining, forestry, agriculture, and urbanization have radically altered the Santa Clara Basin’s natural resources. However, the streams, rivers, wetlands, and Bay, and the watersheds that drain to them, stil! support rare species and native ecological communities. In the coming decades, urban development and redevelopment, upgrades to the transportation system, and flood protection projects will continue to alter and transform Basin watersheds. W!VII stakeholders believe this continued change could be managed to sustain economic growth, improve quality of habitat, promote social equity, and enhance natural habitats. Business, society, and government must work together to fred ways to balance the needs of water supply, flood management, and habitat protection with needs for housing, recreation, and economic activity. The W!VII envisions a future Santa Clara Basin where: Habitat areas stretch conti~-uously from salt marsh to hilltop, comprising large, connected patches of tidal marsh, continuous riparian forests alongside streams, and buffer areas upland from tidal and riverine wetlands. []These green corridors separate intensely developed neighborhoods where new and retrofitted buildings, streets, and drainage systems retain or treat runoff. ES-2 WATERSHED ACTION PLAN AUGUST 2003 Streamside areas are protected from development so that floods can naturally replenish groundwater and sediments without damagdng homes and businesses. Water is used and reused efficiently, so that there is enough for homes and gardens and industries and also enough to support the natural seasonal cycles of stream and wetland habitats. The Basin’s diversity of habitats and species is preserved, riparian and woodland areas are protected and/or restored, invasive plants and animals are controlled, and recreational uses are designed to be compatible with habitat protection. Streams flow freely, stream habitats are restored, barriers to fsh migration are removed, and native fish species rebound. Pollutants do not impair aquatic life, and waters are fshable and swimmable. A myriad of existing regulations and local government programs are already contributing to each aspect of this vision. However, the regulations and programs grew up one at a time as individual environmental issues emerged. ES-3 SANTA CLARA BASIN WATERSHED MANAGEMENT INITIATIVE Political systems, like ecosystems, are integrated and interdependent, and many of these programs now overlap. They so6netimes even conflict with one another. Aligning, coordinating, and integrating the funding, staffing, and authority vested in existing environmental-protection programs can accelerate environmental improvements. However, the bureaucratic barriers are daunting. The VVqVII will focus on finding ways to overcome these barriers. ES-3 Strategic Objectives and Next Steps for the WMI The I~atersT~edAc~ion _P]an outlines existing environmental-protection programs in each of seven areas and proposes "strategic objectives" for alig-ning, coordinating, and integrating the programs in each area. The plan also lists ’~next steps’’ that the W-M_! may undertake to promote each strategic obj ectiv e. The strategic objectives and next steps follow: incorporate the WMI Vision into General Plans and Specific Area Plans (Chapter 3). The VAVII advocates that General Plans should incorporate detailed maps and plans to protect and enhance watersheds. Cities, towns, and the County should study obstacles to implementing detailed maps of habitat corridors in General Plans and should consider how to make these maps part of future General Plan updates. Agencies that acquire and manage open space in the Santa Clara Basin should coordinate their individual strategies and link their efforts with General Plans, Habitat Conservation Plans/Natural Community Conservation Plans (HCPs/NCCPs), and floodplain management. To further this objective, the ~ will: []Convene and facilitate groups of stakeholders to participate in adalStive management for in-stream projects and programs. Convene a dialogue with Planning Commissioners and Directors regarding the use of General Plans and ~pe_cific Area Plans to implement, over the long fermithe WivlI’s vision of continuous habitat corridors and intensely developed neighborhoods. Consider, in th~s .dialogue, hpw to include more detailed ~atershed analyses in Envirornnental Impact Reports and balance, cumu!a}ive !mpacts with mitigations across jurisdictional lines. ¯ ES-4 WATERSHED ACTION PLAN AUGUST 2003 Join or convene discussions among agencies that acquire anti,manage open space and work toward strategies for assembling continuous habitat corridors. m Cultivate alliances with, and bring the VilVII’s vision to, "Smart Growth" advocates. m l~esearch examples where municipalities have used their authority under California’s planning and zoning law to implement watershed- based land-use planning. Coordinate and integrate municipal land use planning with other Vv-!VII objectives, including riparian and floodplain planning and habitat conservation planning. Develop indicators of progress for land-use planning. Drainage Systems that Detain or Retain Runoff (Chapter 4). ~e W-LV~ advocates site development desi~o-~s and drainage system desists that detain or retain runoff where needed to protect streams from flash runoff, erosion and pollutants, and to protect from downstream flooding, whil4 preventing groundwater pollution. Cities, towns, and the County’s standards for site development and drainage systems should encourage practices to minimize runoff entering the storm drain system or waterways. In areas where increased runoff could cause increase.d erosion of creek beds and banks, s~tation, or other effects on streams, new and rebuilt sites and drainage systems should (where feasible) incorporate features to detain or retain runoff. To further this objective, the ~ViVII will: Work with the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) to facilitate implementation of the new NPDES requirements for new development (also known as the "C.3. Provisions") in the Regiona! Water Quality Control Board for the San Francisco Bay Region (RWQCB) stormwater discharge permit. m Review the results of SCVURPPP’s Development Policies Comparison and identify policies that limit detention and infiltration of runoff and potential improvements to policies controlling erosion and sedimentation from construction sites. In cooperation with SCVLrRPPP, develop model public works policies, specifications, and details to encourage detention and infiltration of runoff and to control erosion and sedimentation from construction activities. ES-5 SANTA CLARA BASIN WATERSHED MANAGEMENT INITIATIVE Coordinate and integrate implementation of the ~aidance manual and other outcomes of SCVURPPP’s hydrographic modification management plans with stream stewardship plans (Chapter 8) and with General Plans and Specific .~.ea Plans (Chapter 3). ~ In cooperation with SCVURPPP, distribute model public works specifications and details to municipalities in presentations to managers and public works departments and in workshops for public works staff, developers, and en&ineering consultants. [] Provide a neutral place where contentious issues relating to drainage design methods and effectiveness can be referred. [] Develop indicators of progress for buildings, streets, and drainage. Integrated Planning of Floodplains and Riparian Corridors (Chapter 5). The WMI advocates an integrated planning process to chart the future landscape of the Basin’s floodplains and riparian corridors. The process should incorporate the cities’ riparian corridor policies, the policies and procedures being developed by the Watershed " ~:~ ..... Resources Protection Collaborative, applicable provisions in the cities’ and County’s General Plans, existing and .... planned recreational uses within floodplains and riparian areas, the Coun~yw]de Trails ]VIas~er l~Tan and Uniform ’~~ ’~ In~erjurisdic~iona] Trail 9esign, Use, and_WIanagemen~ Guidelines, the National Flood Insurance Program, and benefits attainable under the Federal Emergency IVianagement Agency’s (FEMA’s) Community l~ating System. The plans should also consider potential habitat for the red-legged frog and other riparian species. To further this objective, the ~V-IVLI will: Work with the County, municipalities, SCVWI), and other agencies, provide a forum and develop a process for integrated plarming of floodplains and riparian corridors. Provide a neutral place where potentially contentious flpodplaln management issues (e.g., protection from flooding vs. floodproofiug for specific areas; e.g., location of recreational facilities) can be referred. Promote and popularize natural flood protection and floodplain management as a.component of the WIVII’s vision. Develop an outreach strategy that focuses on the multiple uses of stream corridors. Coordinate and integrate floodplain and riparian corridor planning with other WNII objectives, including watershed stewardship ES-6 WATERSHED ACTION PLAN AUGUST 2003 planning (Chapter 8), habitat conservation planning (Chapter 7), and General Plans (Chapter 8). Develop kidicators of implementation and effectiveness of multi-use planning for floodplains and riparian corridors. Integrated Water Resources Planning (Chapter 6). SCVWI), San Jose, and the Basin’s other cities and towns should use Integrated V~ater Resources Planning (IWRP) to focus and coordinate their water conservation and recycling policies and programs. The process should document the many environmental and social beneiSts of water conservation and recycling - more water to support stream ecosystems in the Santa Clara Basin and statewide, more reliable water supply, and reduced effects of freshwater discharges - and should link these benefits to the overall water supply strategy. Conservation and recycling should be built into projections of future demand that are used for planning potable water supply. To further this objective, the WIVII will: Develop broad representation and facilitate efficient decision-making in SCVWD’s IWI~P stakeholder process. ~ []Communicate SCVWD’s IW-RP participants’ consensus to agency decision-makers. Organize and facilitate outside expertise and technical resources. Gauge and build public support for water conservation and recycling. m Promote water conservation as a component of the Vvqv[[’s strategy" to protect and enhance Basin watersheds. []Coordinate and integrate SCVVv]D’s IWI%P with other WIVII objectives including watershed stewardship plarining (Chapter 8) and habitat conservation planning (Chapter ?). Develop indicators of progress toward water supply sustainability. Habitat Conservation Plans/Natural Community Conservation Plans (Chapter 7). The VVIVII advocates that efforts to protect and enhance habitats for endangered, threatened, and special status species should be focused on creating and maintaining habitat-protected areas. Though Habitat Conservation Plans/Natural Community Conservation Plans (HCPs/IWCCPs) have been available as tools for over a decade to help st~ategically target areas for preservation, they have not been widely used. Some of the early HCP processes had significant shortcomings, such as the lack of "ground- truthed" habitat data, which has led to the improvements the WqVII would incorporate in participating in any future HCP!NCCP effort. The plans should be~dn with updated, improved surveys of species habitats and should ES-7 SANTA CLARA BASIN WATERSHED MANAGEMENT INITIATIVE incorporate (where appropriate) existing reserves, refuges, parks, and public lands. To further this objective, the WIvII will: Convene and facilitate a stakeholder group or groups to participate in scoping HCPs/NCCPs and to participate in adaptive management as plans get underway. S Join or convene discussions among agencies that acquire or manage open space in the Santa Clara Basinl Support efforts to obtain state and Federal funding for the creation of upland habitat preserves identified through the HCPfNCCP process. m Identify and pursue local sources of funding, including local agencies and foundations, for purchasing and managing critical habitat areas. Successfully implement mandated provisions for public outreach and participation in the NCCP process. Develop programmatic indicators of progress in implementing habitat conservation plans and a schedule for periodic reporting. Pubhcize the periodic reports. Coordinate the HCPfNCCP with implementation of other WM_I objectives/planning processes including planning of floodplains and riparian areas and incorporation of watershed objectives into General Plans and Specific Area Plans. Expanding the Don Edwards San Francisco Bay National Wildlife Refuge (DESFBNWR) (Chapter 7)= ~_e ~ advocates a comprehensive, integrated, stakeholder-based planning process for expanding the refuge. Permits should be issued timely and.allow for flexibility and adaptive management to successfully convert salt ponds while allowing reasonable protection to South Bay water quality. The need to selectively maintain. levees to manage potential flooding of urban areas should be addressed in a way that balances the objectives of habitat restoration and flood protection. To further this objective, the WiVII will: Convene a stakeholder group to track, discuss, and resolve obstacles to enhancing habitat while protecting water quality and protecting urban areas against flooding. Seek and endorse broader agency involvement, support, or appropriations necessary to successful habitat restoration. ES-8 WATERSHED ACTION PLAN AUGUST 2003 Deve!op indicators of imp.lementation and effectiveness of the refuge expansion and habitat restoration. Coordinate and integrate refuge planning with other WIVII strategic objectives, including multi-objective stream restoration projects (Chapter 8), habitat/natural community conservation (Chapter ?) and incorporating watershed objectives into GenersJ Plans and Specific Area Plans (Chapter 3). S Encourage support for public education and interpretive facilities at the DESFBI~rWR and other public lands and wildlife refuges. ~ Support efforts to obtain state and Federal ~-... ~unding (through CaLFed and other programs) to -~ support expansion of the DESFBNWR. Integrated multi-objective planning and adaptive management for in- stream projects and programs (Chapter 8). The ~ advocates that SCVVvUD should continue to develop and improve the Watershed stewardship planning process that was recently applied to Coyote Creek. SCVV~D should extend this process to other Basin watersheds. The plans should integrate and balance flood protection with habitat restoration and should also integrate floodplain management. The adaptive management process should seek alternatives that minimize expensive and faihtre-prone areas in-stream structures ’and, where possible, restore stream-flood!lain connections and expand the overall area that is flooded. Floodplain management strategies, such as controlling development and raising and floodproofing structures, should be used to minimize potential damage. To further this objective, the WIVII will: Convene and facilitate groups of stakeholders to participate in adaptive management for watersheds. Communicate adaptive management participants’ recommendations to decision-makers in SCVWI) and other agencies. Organize and facilitate outside expertise and technical resources to supplement SCVWD staff expertise. Determine the potential for using stakeholder involvement in watershed stewardship planning and multi’objective project planning as a springboard for more permanent local stakeholder involvement. ES-9 SANTA CLARA BASIN WATERSHED MANAGEMENT INITIATIVE Sponsor and support applications to fund the stream stewardship process. Refine and detail the W1VfI’s watershed vision and communicate to decision-makers and the public. In %]/qvII outreach publications, promote an understanding of geomorphic and habitat functions and how they are afx%cted by urbanization. Coordinate watershed stewardship planning with other ~ objectives, including l]oodplain & riparian corridor planning, habitat conservation planning, and TIVIDLs in streams. Better Assessments, TMDLs, and Dischar9e Permits (Chapter 9). ~he W1VII advocates that water-quality assessments, T_TVIDLs, and discharge permit requirements should be coordinated through stakeholder processes that support long-term planning and regulatory stability. The RWQCB, SCVUI%PPP,. SCVVv-D, United States Geological Survey, the municipalities, the Clean Estuary Partnership, and other agencies should coordinate and (where it makes sense to do so) integrate their monitoring and assessment activities. The agencies should envision monitoring and assessment as one component of an iterative process that includes planning, doing, checking, and adapting. To further this objective, the VV-!VII will: Continue and build on the V/iViI’s successful collaborative processes that led to the 1998 adoption of uncontested discharge permits for the three wastewater treatment plants that discharge to southern South San Francisco Bay and to the 2002 adoption of site-specific objectives for copper and nickel. Continue to develop assessment methodologies based on ’qessons learned" from the assessments of the San Francisquito, C~uadalupe, and Upper Penitencia watersheds and from the forthcoming SCVURPPP assessment of the Coyote watershed. Coordinate assessment results and data from TIVI-DLs and other mandated studies with other W-IVII objectives, including watershed stewardship planning, expansion of the national wildlife refuge, and habitat conservation. Prepare annual reports updating key indicators of watershed health and describing recent progress in preserving and enhancing Basin watersheds, new findings and study results, and VTNII achievements ES-IO WATERSHED ACTION PLAN AUGUST 2003 and successes. (Consider the annual "Pulse of the Estuary" report as a model.) ES-4 WMl’s Role in Managing Santa Clara Basin Watersheds The W-IV~I foresees that the process of aligning, coordinating, and integrating environmental-protection programs will take a long time and will be achieved through education, communication, negotiation, and trust-building. WIVII participants acknow]edge each other’s legitimate perspectives and interests and share consensus on a balanced approach to environmental protection that streamlines regulations and benefits the regional economy. VV-fviI participants continuously improve their common, interdisciplinary understanding of watershed science, including geomorphology, ecology, pollutant fate and transport, land-use policy, tax policy, land-development economics, and urban design. As the W!VII continues; it is able to apply that expanded knowledge to help develop solutions to emerging environmental issues. This process of investigating, educating, sharing information, and opening up discussion is What the WiVII does best. In summary, the WiVI-I is laying the groundwork for adaptive management of Santa Clara Basin watersheds. Adaptive management is the process of implementing policy decisions as scientifically driven management experiments that test predictions and assumptions in management plans, and Using the resulting information to improve the plans. The WIVII will focus on three general tasks: ’~. facilitating stakeholder processes. 2. bringing recommendations to decision-makers. 3. educating and involving the pubhc. The W!VII will continue to advance long-term stakeholder collaboration and information sharing and, at the same ~ime, will support stakeholder work groups dedicated to T1VfDLs or other specific and current regulatory and environmental issues. The W1VII will be an ongoing stakeholder forum to which contentious issues can be referred. The W1VfI wi!l continue to emphasize the interconnectedness of watershed issues and will look for ways to align, coordinate, and integrate programs, policies, and actions. The WqViq will continue to develop consensus recommendations on what agencies, organizations, and individuals can do to help protect and enhance ES-11 SANTA CLARA BASIN WATERSHED MANAGEMENT INITIATIVE Basin watersheds. These recommendations will include grant applications and requests to fund watershed projects. The W-MI will communicate these recommendations to commissions and advisory committees as well as to the Councils and Boards of public agencies. The WIVII will encourage its stakeholders to align and coordinate their messages in a way that promotes the VVIVII vision. The WIVII will help stakeholders promote the WIVII vision by: Developing, updating, and re~ming a message to popularize the VV-1VII’s approach to preserving and enhancing Basin watersheds. Bringing this message to advisorT~ boards, environmental commissions, planning commissions, and other venues for public input to agency decision-making. [] Assessing the need for, and feasibility of, watershed councils in each watershed. Linking watershed issues and outreach to community organizations such as homeowners associations and groups that are established or supported in connection with municipal improvement efforts (e.g. San Jose’s Strong Neighborhoods Initiative). []Helping to coordinate input to, and distribution of, outreach newsletters published by agencies and community groups. Bringing the WIVII’s perspective on watershed management to K-I~. environmental education curricula. Encouraging and assisting agencies to incorporate interpretive and educational features as part of recreational facilities and other public works projects (particularly those in the floodplain or that otherwise relate to streams or wetlands). Developing, in cooperation with stakeholders, an annua! report updating key indicators of watershed health and describing recent progress in preserving and enhancing Basin watersheds, new findings and study results, and WI~II achievements and successes. ES-5 Conclusion I~cosystems are integrated and complex; social, legal, and political systems are also integrated and complex. These systems are in constant change, and ES-12 WATERSHED ACTION PLAN AUGUST 2003 change each other. Successful intervention follows from a common understanding of how our social, political, and natural environments interact. This Action Plan is one step in the journey toward that common understanding. ES-13 ATTACHMENT B SANTA CLARA BASIN WATERSHED MANAGEMENT INITIATIVE 2003 SIGNATORY DOCUMENT Preamble The Parties1 enter into this Santa Clara Basin Watershed Management Initiative to develop and assist in the implementation of recommendations to protect and enhance beneficial uses of water2 and to prevent and control water pollution in the Santa Clara Basin3. This Watershed4 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 local stewardship of water and watershed resources, and 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. o Goals Ensure that the WIvlI is a broad c0nsensus-based process. Ensure that necessary resources are provided for the implementation of the W-MI. Simplify compliance with regulatory 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 strear~,s, reservoirs, wetlands and the bay for the benefit of fish, wildlife and human uses. 1 The Parties are the agencies and entities that have executed this Signatory Document. 2 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) 3 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. 4 Watershed: the land area which drains into a single or system of streams, rivers or channels. SCBWMI 2003 Signatory Document (Revised 9/4103) Implement the Watershed Action Plan and ensure that it is continuously improved with current scientific information. The Watershed Management Initiative Process consists of: 2. 3. 4. 5. o 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 that include techniques designed to protect, maintain and enhance beneficial uses of water in the Santa Clara Basin. Assisting in the implementation of the recommendations (No. 5 above). The Parties agree on the following principles: 1. Principles A Watershed Action Plan (Plan) should be developed and implemented. The Plan: a.Should reduce watershed conflicts. Should meet the needs of and have the political and economic support of the present generation, without compromising the needs of future generations. Co Should provide a practical means of maximizing benefits and minimizing adverse impacts on riparian, wetland and other ecosystem habitat within the Basin. d.Should have clear goals and measurable objectives. Should be implementable, affordable, and prioritized, and make efficient use of the limited resources available. The contribution of each stakeholder is essential to the success and implementation of the Initiative Process and Plan. Funding of the Initiative will be based on contributions as independently determined by each Party, and/or through, grants, in-kind services, voluntary contributions, and/or other similar sources. The Initiative Process will: 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. SCBWMI 2003 Signatory Document (Kevised 9/4/03) 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 acti~dties that implement the Plan. 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 Representatives of the Parties shall constitute the 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 interested stakeholders in the Santa Clara Basin. The Representatives will: 1) Inform their respective agencies and organizations about Core Group direction and recommendations; 2) Bring the concerns of their respective agencies or organizations to the Core Group. Party Representatives shall report back to the Core Group on any actions taken by their agencies or organizations on matters that have been considered by Core Group. The Core Group will welcome, and respond to, as app}opriate, input on the Initiative Processes that are proposed by public agencies, private companies, non-profit groups and individuals. Tasks And Responsibilities of Core Group The Core Group has done and shal! continue to do the following: 1.Oversee the process of the Watershed Management Initiative including implementation and continuous improvement of the Watershed Action Plan. This includes the following: a.Seek funding to implement the Watershed Action Plan and utilize available resources, and encourage coordinated efforts to protect and enhance natural resources and the "livability" of the Santa Clara Basin. b.Approve a program budget if funding is obtained. c.Identify the desired condition and beneficial uses or" the watershed and lower South Bay. d.Compile and use available resource information to determine the current condition of the watershed. SCBWMI 2003 Signatory Document (Revised 9/4/03) Study the existing condition of the watershed and methods of preserving and enhancing its environment. Identify and establish an effective public involvement and education program to ensure citizen participation in natural resource-management of the Basin. g. Promote ongoing monitoring of environmental health indicators of the Basin. Provide a stakeholder forum for watershed related issues for the Santa Clara Basin. Provide information on Core Group direction and recommendations to signatory agencies and organizations, however the agencies and organizations are not required to act upon the information provided. Provide a forum for watershed outreach and education, and encouraNng public support and action to preserve and enhance watershed. Coordinate between all agencies and organizations on watershed-related issues and programs. Core Group Cooperative Membership Each Party shall have one Representative and an alternate selected by its agency or organization. If a Representative is unable to regularly attend Core Group meetings, the Representative will request the agency or organization to nominate a replacement Representative. Additional Parties may be added by a vote of the majority of the existing Parties present and voting. Each Party is entitled to one ",rote. Parties 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, and to ensure adherence to the Core Group’s ground rules. The Core Group may form subgroups or task forces from among its members and seek technical assistance. o Core Group Decision Making The Core Group 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 can support the Core Group decision. At the Core Group meetings, the Representatives present may select a Chairperson pro tempore if the standing Chairperson is not present. The Core Group may also utilize meeting facilitator(s). The Chairperson working with any facilitator will conduct the meeting, seek full participation of members, keep discussions focused, and help Representatives reach a consensus. Periodically during a decision- making process, the Chairperson and/or facilitator shall check in with Representatives 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 will be provided for the Representatives to seek advice from constituents, agencies, or other experts, when desired, before action is taken by the Core Group Representatives. SCBWMI 2003 Signatory Document (Revised 9/4/03) If the Representatives cannot reach a consensus on an issue, the recommendation or action taken will acknowledge the minority opinion. When Core Group information and/or reports on such issues are advanced to policy or decision making bodies, that information and/or report will be advanced recognizing the minority opinion(s) within the Core Group. The Representatives will inform their respective agencies and organizations about Core Group direction and recommendations. Core Group Participation The Core Group. will hold regular meetings and follow agreed upon ground rules. The final agenda will be sent to all Representatives and to those who request it at least four business days in advance of the meeting to allow posting of the agenda. Business will be conducted by the Representatives present. The Representatives shall be committed to actively participate in the Core Group. The Representatives will inform their respective agencies and organizations about Core Group direction and recommendations and will bring their organizations’ concerns to the Core Group. Each Representative will brief their alternate on all issues and proceedings prior to the altemate’s attendance at Core Group meetings. The Representatives will make every effort to attend all Core Group meetings. If they are unable to do so, they will notify their alternate. The Parties will endeavor to notify the Core Group chairperson if both their Party Representative and their alternate are unable to attend a Core Group meeting. If the party Representative and their alternate are unable to attend a meeting, the Representative may provide written comments or ask another Representative to represent their position or ask for a delay on a particular issue. However, an absent Representative may not block a consensus. Representatives will notify the Core Group Chairperson if they plan to vacate their positions and identify replacements. Public Information and Media Contacts Public information and media contacts conceming Core Group activities ;viii be coordinated through the Chairperson. Representatives 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 SCBWMI 2003 Signatory Document (Revised 9/4/03) The term of the chairperson(s) will be one year. Following the first year, the Core Group may reelect or reappoint the chairpersori(s) for another term or select a new chairperson(s). Amendments A Representative may propose amendments to the Signatory Document at any time. Upon consensus of the Core Group, the proposed amendment shall be forwarded to the respective parties for consideration. Signatures By signing this page the following agencies and organizations agree to this 2003 Signatory Document. Name of Authorized Agent: Signature of Authorized Agent: Title: Agency/Organization: Date: SCBWMI 2003 Signatory Document (Revised 9/4/03)