Protection Measures - 2003MEMORANDUM
To: Sharon Fierro
C unity Development Director
From: Ja emsley
D ty City Clerk
Date: Se~mber 18, 2003
Subject: Resolution 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
At the regular meeting of September 16, 2003, the City Council adopted Resolution
No. 10240 in 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.
A certified copy of this Resolution is attached for your records.
September 18, 2003
Santa Clara Valley Water District
Attn: Jim Fiedler
5750 Almaden Expressway
San Jose, CA 95118
Dear Mr. Fielder:
At the regular meeting of September 16, 2003, the Campbell City Council adopted Resolution
No. 10240 in 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.
Per your request, please find certified copy of this Resolution attached for your records.
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Sharon Fierro, Community Development Director.
Sincerely,
Anne Bybee
City Clerk
Enc.
cc. Sharon Fierro, Community Development Director
Jim Lewis, Santa Clara Valley Water District
70 North First Street Campbell, California 95008.1423 • 'reL 408.866.2117 Fnx 408.374.6889 roo 408.866.2790
RESOLUTION NO. 10240
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL SUPPORTING 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
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 (SFBRWQCB), 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 SCVWD, 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 collaboratively 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
confonm; monitoring and accountability and private creek-side property owners; and
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 local
stewardship and enhanced resource protection; and
City Council Resolution 10240
Supporting Santa Clara Valley Water Collaborative Memorandum of Consensus
Page 2
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, BE IT RESOLVED, that the City Council of the City of
Campbell supports the Memorandum of Consensus to Jointly Develop and Implement
Water and Watershed Resources Protection Measures, Guidelines and Standards in Santa
Clara County (Attached Exhibit A) as set forth by the Santa Clara Valley Water
Resources Protection Collaborative.
BE IT FURTHER RESOLVED, to support 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.
PASSED AND ADOPTED this 16th
role call vote:
day of september , 2003, by the following
AYES: COUNCII.MEMBERS:
NOES: COUNCII.~I~ERS:
ABSENT: COUNCII.MF~ERS:
Watson, Kennedy, Dean, Burr, Furtado
None
None
ABSTAIN: COUNCII.MEMBERS: None
APPROVED:
Daniel Furta o, Ma r
ATTEST:
Anne Bybee, City Clerk ~,,- s a cnua
ocNd ~N~ ~ ~ p~ ~ TNfi O~dtNA-
a~ ~ ETHI~~., ~G:.. CITY ~ {(
~ ~ IN c CITY G-~RK. ~y`','1~\ Vv /, 1,
pNNE pYL'~~IA• \ J ~ ~~/l~~/~/
~ BELL, G
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Exhibit A
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, 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 SCVWD, 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 collaboratively 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 maybe
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 1
approved, to which SCVWD, County and City activities and permit review shall
conform; monitoring and accountability; and private creek-side property owners; and
WHEREAS, it is recognized that local control is the key principle to the
implementation of resource protection goals, that Cities and the County aze 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
1. In furtherance of its responsibilities for achieving the goals of watershed
stewazdship and comprehensive management of water resources, providing
safe and adequate drinking water, ensuring surface and groundwater quality
and quantity, protecting and enhancing ripazian habitat and providing
effective management of flood risks, the SCVWD Board has considered
amendments to its Ordinance 83-2. These amendments were 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.
2. The Cities and County 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.
3. The Cities and County were also concerned that proposed revisions to
Ordinance 83-2 might conflict with recently imposed requirements under
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 2
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 aze co-permittees,
or prospective Phase II regulations to be developed by the Central Coast
Regional Water Quality Control Boazd, to be applicable to the cities of
Morgan Hill and Gilroy.
4. In response to those concerns, it was agreed that a collaborative, named the Santa
Clara Valley Water Resources Protection Collaborative, would be formally convened
fora 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)
SCVWD (3 representatives)
Regional Water Quality Control Board, SF Bay Region (1 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)
5. The Collaborative was formally convened on February 20, 2003, and met thereafter
on each of the following dates: March 27, Apri117, May 22, June 26, and July 24. The
Collaborative's 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 cleazly identified, and the common. interests of the
Collaborative members. in enhancing their ongoing and responsible stewazdship of
these resources were confirmed, the Collaborative convened Work Teams to address
specific issues to inform the Collaborative'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:
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 3
Foundational Principles
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
Management Practices and other means have continuously acted to protect the
watersheds, water resources and water quality in Santa Clara County.
3. 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:
a. Implementation of City and County General Plans; and
b. Private creekside property owners' rights and interests; and
c. 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.
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 4
Key Elements
A. PLANNING
1. 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 Standazds 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 unplemented through the SCVWD's,
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. Acknowledgment 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
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 5
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 SCVWD 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 SCVWD 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 Federal
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 authority 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
responsibilities of the SCVWD, Cities, County, 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 SCVWD and
selected Cities, on a voluntary basis, to ejcplore and to develop enhanced procedures
for the mutual consultation in each others' planning and permitting activities.
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 6
3. 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 maybe 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 quo 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 following 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 Milestones shall include:
a. Adoption of a Resolution of Support of this Memorandum by
the governing bodies and/or constituencies of the Collaborative
members;
b. SCVWD completion of a compendium of existing SCVWD
policies pertaining to the water and watershed resources
protection goals of the Collaborative;
c. Commencement of a Pilot Project between the SCVWD-and
selected Cities, on a voluntary basis, to explore and to develop
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 7
enhanced procedures for involving the SCVWD, Cities and
County in each others' planning and permitting activities on a
consultative basis;
d. 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.
e. Preparation of an Outline of water and watershed resources
protection Guidelines and Standards for land use near streams.
f. 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 SCVWD Strategic Plan.
3. Third Quarter Milestones shall include:
a. 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
c. 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:
a. Completion of Guidelines and Standards for land use near streams,
and for the protection of surface and groundwater quality and
quantity;
b. Completion of a Pilot Program Report, which will include
recommendations for enhanced procedures for involving the
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 8
SCVWD, Cities and County in each others' planning and
permitting activities county-wide, in a consultative capacity; and
c. 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 Collaborative'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 maybe
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandwn of Consensus Page 9
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 that
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 24th day of July, 2003.
Santa Clara Valley Water District
ey M. Williams
Chief Executive Officer
James M[ Fiedler
L
(~17eputy Operating Officer
Watershed Management Division
Marc Klemencic
Assistant Operating Officer
Watershed Management Division
City of Campbell
~~~ 1
Sharon Fierro
Community Development Director
City of Cupertino
~`~Z, u
Ralph Qualls
Public Works Director
~~~
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 10
~,r, -.rrK ~,a
~~fl ~t+`~"nF ~H~
W' e G, •~
Cifi
City Engineer
City s Altos
Philip Rose
City Manager
Town of Los Altos Hills
A~'
Planning Director
Town of Los Gatos
1'
hn E. Curtis, P.E.
Dir of Parks and Public Works
City of Milpitas
~- 7YI
David M. (Mike) eely
City Engineer
City of
Scott D. Alman, P.E.
Director of Public Works/City Engineer
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
E.+~ /~"'
fames Porter
Director of Public Works
Mintze Cheng
City Engineer
/~- ..
dG%~~Z~
Tambri Hey en
Planning Manager
July 24, 2003
Page 11
Rick 5melser
City of Morgan Hill
w
Jim Ashcraft
ublic Works Director
City of Mountain View
Cathy
Public Works Director
City of Palo Alto
.-
Glenn Roberts
Public Works Director
City of San Jose
Carl Mosher
Director Environmental Services
Department
City of Santa Clara
ft-Q~l/
ajeev Batra
City Engineer
County of Santa Clara
Ann Drap r
Planning Director
Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus
Julie Cap o
Advance Planning Manager
Laurel Prevetti
Deputy Director, Department of
Planning, Building and Code
Enforcement
---u_
Rollo Parsons
Roads and Airports Department
July 24, 2003
Page 12
City of Saratoga
Ann Welsh
Assistant Planner
City of Sunnyvale
Barbara Keegan
Assistant Director of Public Works
Truth Ry
Planning Officer
Guadalupe-Coyote Resource Conservation SCVWD
Lawre ohmann
Board Member
Santa Clara County Farm Bureau
/~
r
jenny Derry
Executive Directo
Business/Development Interests
argaret V. Bruce
Director, Environmental Programs
Silicon Valley Manufacturing Group
i~~~~
Crisand Giles
Executive Director, Southern Division
Home Builders Association
_ of Northern California
r / James I. Tucker
V Vice President
San Jose Silicon Valley Chamber of Commerce
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 13
EnvironmentaUCoaununity Interests
Trish Mulvey
Co-Founder
CLEAN South Bay
Ann Coombs
The Leagues of Women Voters
of Santa Clara County
raig Breon
Executive Director
Santa Clara Valley Audubon Society
Families for Fair Government
Michael Houlihan
Santa Clara Valley Water Resources Protection Collaborative July 24, 2003
Memorandum of Consensus Page 14
Collaborative Process Addendum
1. On December 11, 2002, the City of Cupertino funded, and together with the
SCVWD convened, a meeting to discuss the initiation of a collaborative
process to address resource protection goals, and potential jurisdictional
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 facilitating multi-stakeholder processes,
was invited to give a presentation concerning collaborative processes, and to
answer questions regarding possible options for convening and conducting a
formal collaborative process addressing identified concerns and issues.
2. 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 SCVWD, 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.
3. 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.
Santa Clara Valley Water Resources Protection Collaborative
Collaborative Process Addendum
Page 1
July 24, 2003
4. 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
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.
5. 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.
6. 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
ITEM NO: 9 .
CATEGORY: Consent Calendar
MEETING DATE: September 16, 2003
Report
Resolution 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. (Resolution/Roll Call Vote)
RECOMI~~NDATION:
That the City Council adopt the attached resolution 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.
BACKGROUND:
In early 2002, the Santa Clara Valley Water District (SCVWD) proposed adoption of an amendment to
Ordinance 83-2 intended to better achieve water and watershed resources protection goals by
extending District permitting jurisdiction to sensitive groundwater areas, as well as areas located
beyond its traditional jurisdictional boundary of 50 feet from District facilities and stream resources
within Santa Clara County.
Local Agencies raised concerns regarding these proposed revisions, 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.
Local Agencies 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 Local Agencies within the SF Bay Regional Water Quality Control Board
are co-permittees with the District.
In early 2003, the SCVWD and the City of Cupertino paid for a mediation consultant to facilitate a
collaborative process consisting of representatives of stakeholders groups. Invitations to participate in
the Collaborative were sent to the Cities and County, as well as the San Francisco Bay Regional Water
Quality Control Board and the Guadalupe Coyote Resource Conservation District (GCRCD), inviting
technical staff participation. Representatives of environmental, community, business and property
owner interests were also invited to participate in the Collaborative.
On June 26, 2003, Collaborative members ratified a document entitled "Elements of Collaborative
Agreement", which outlined foundational principles and key elements upon which a future agreement
among its members could be based. Members of the collaborative made a commitment to recommend
adoption of a Resolution of Support of the Memorandum to their respective governing bodies and/or
constituencies. Several cities have already adopted the Resolution of Support.
City Council Report - September ~6, 2003
Resolution of Support for SCV Water Collaborative
Page 2
The Collaborative will continue to meet for one year on a quarterly basis to complete the goals of the
Collaborative Agreement. These include the preparation of guidelines and standards for the protection
of surface and groundwater quality and quantity; completion by the Water District of a Draft Master
Plan (similar to a Strategic Plan or General Plan); and a process to enhance collaboration between
District staff and resources in local agency planning and permitting activities. A reporting procedure
will also be determined to monitor progress and achievement of the goals.
FISCAL IMPACTS
The Santa Clara Valley Water District and the City of Cupertino have funded the use of consultants to
facilitate the Collaborative process, with no direct cost to the City of Campbell. Participation in this
project requires approximately eight hours per month to prepare for and attend meetings.
ALTERNATIVES
1. Adopt a resolution endorsing the Santa Clara Valley Water Resources Protection Collaborative
Memorandum of Consensus.
2. Do not adopt a resolution endorsing the Santa Clara Valley Water Resources Protection
Collaborative Memorandum of Consensus.
3. Continue the item for additional information.
Attachments:
1. Draft Resolution of Support of the Santa Clara Valley Water Resources Protection Collaborative.
Prepared by: '
Sharon Fierro, Communit Development Director
Reviewed by:
Robert Kass, Public Works Director
Reviewed by: ~~~~
etchen E. Conner, Finance Director
Approved by:
Bern d M. S ny, ity Manager