BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Approve Proposed Updates to the Change Control Process for the Safe, Clean Water and Natural Flood Protection Program.
End
RECOMMENDATION: Recommendation
Approve staff’s proposed updates to the Change Control Process for the Safe, Clean Water and Natural Flood Protection Program.
Body
SUMMARY:
In November 2020, Santa Clara County voters approved Measure S, renewing the Santa Clara Valley Water District’s (Valley Water) Safe, Clean Water and Natural Flood Protection Program (Safe, Clean Water Program or Program). Measure S authorizes the Board of Directors (Board) to direct that Program projects be adjusted, modified, or not implemented based on factors such as funding availability, environmental review, and permitting requirements.
Paragraph “Fourth,” Section N of the voter-approved Measure S requires the Board to conduct a formal, publicly noticed Hearing prior to approving any decision to modify or not implement a Program project. The full text of the Measure, as reflected in Board Resolution 20-64 and provided in full to the voters, is included as Attachment 1. Valley Water implements this requirement through a Board-approved Change Control Process.
At its meeting on October 28, 2025, the Board approved updates to the Change Control Process to expand opportunities for public input and enhance transparency related to proposed project modifications. The process improvements included (1) extending the Public Hearing duration, which would allow the public to raise issues and comment on a proposed project modification; (2) continuing and expanding the outreach efforts for Public Hearings; (3) aligning the Program’s Public Hearing noticing with Valley Water’s District Act procedures; and (4) clarifying the kind of information that would be reported once a project adjustment decision is made and where such information would be available to the public. The current Board-approved Change Control Process, which incorporates these October 2025 updates, is included as Attachment 2.
On November 12, 2025, the Board received the Safe, Clean Water Performance Audit Report for the period covering July 1, 2021, through June 30, 2024. The audit report includes nine findings, two of which include recommendations for Valley Water to evaluate whether to modify the Key Performance Indicators (KPIs) for several projects to ensure: they are financially sustainable, they remain aligned with current project activities, and their descriptions clearly articulate the project’s scope and deliverables. At its November 12th meeting, the Board directed the Board Chair to work with the CEO to identify an appropriate Board committee to conduct a more in-depth examination of those findings discussing KPIs, including evaluating whether any KPI revisions are necessary. The Chair and the CEO have since determined that the Board Policy and Monitoring Committee (BPMC) should conduct the in-depth examination. Staff is currently finalizing their proposal and response to the audit findings discussing KPIs. Once completed, staff’s work will be brought before the BPMC for discussion. After receiving input from the BPMC, staff will finalize and present its proposal to the full Board for discussion and direction.
After reviewing potential revisions to KPIs in response to the audit findings, staff identified a need to refine the definition of "Adjustment" to better align with the language of Measure S itself. The revised definition of “Adjustment” would include edits to KPI text when they are proposed to clarify a KPI for purpose of improving its alignment with the project description. The revised definition of “Adjustment” would remain consistent with the plain language of Measure S and the associated Board Resolution approving the program that a Public Hearing is required only when Valley Water is proposing to modify or not implement a project. In addition to revising the definition of “Adjustment”, staff is also proposing some minor editorial or clarifying revisions to other parts of the Change Control Process including the definition of “Modification.”
The proposed updated definitions of “Adjustments” and “Modifications” are as follows:
• Adjustments: Changes to the Safe, Clean Water Program’s project text or funding allocation that do not impact the delivery of any project KPI, or changes to a project schedule. Adjustments may include change(s) to a KPI when the purpose of such change(s) is to clarify the project KPI to be consistent with the applicable project description in the approved Program.
• Modifications: Changes to project description, project KPI, or funding allocation that impact the delivery of any project KPI.
Note that both adjustments and modifications require Board approval. Adjustments will be made by the Board during regular board meetings, while modifications or a decision not to implement a project require formal Public Hearings.
A redlined and a clean copy of the draft Revised Change Control Process are provided as Attachments 3 and 4, respectively. Attachment 5 is a revised version of the Change Control Process At-A-Glance, which reflects the proposed updates.
ENVIRONMENTAL JUSTICE IMPACT:
There is no environmental justice impact associated with this item.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Resolution No. 20-64
Attachment 2: Existing Board-Approved Change Control Process
Attachment 3: Draft Revised Change Control Process, Redlined
Attachment 4: Draft Revised Change Control Process, Clean
Attachment 5: Change Control Process At-A-Glance, Updated
Attachment 6: PowerPoint
UNCLASSIFIED MANAGER: Manager
Luz Penilla, 408-630-2228