BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
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, voters in Santa Clara County overwhelmingly approved Measure S, a renewal of Santa Clara Valley Water District’s (Valley Water) Safe, Clean Water and Natural Flood Protection Program (Safe, Clean Water Program or Program).
The voter-approved measure allows the Board of Directors (Board) to direct that proposed projects in the Program be modified or not implemented depending upon a number of factors, including federal and state funding limitations and the analysis and results of CEQA environmental review and permitting by state and federal regulatory agencies. However, Paragraph “Fourth”, Section N of the Board resolution adopting Measure S provides that the Board must hold a formal, public hearing on the matter, which will be noticed by publication and notification to interested parties, before adoption of any such decision to modify or not implement a project. The full text of the resolution adopting Measure S can be found in Attachment 1.
Valley Water follows an established, Board-approved Change Control Process (Attachment 2) when the Board is considering whether to modify or not implement a proposed project in the Program. This Change Control Process was originally developed and approved as part of the 2012 Safe, Clean Water Program and has been updated several times to incorporate feedback and direction from the Board, to address audit recommendations, and to align with the renewed Safe, Clean Water Program.
To implement the Board’s recent direction provided at the June 10, 2025 Valley Water Board Meeting (Attachment 3), staff is recommending updates to the existing Change Control Process to allow more time and opportunities for the communities or interested parties to provide input on proposed project modifications. Staff is also proposing some minor updates to the Change Control Process to promote public participation and improve transparency.
Recommended Process Improvements
Staff is proposing changes to the public hearing process by which a project modification or non-implementation decision is made. These proposed changes are incorporated in the draft Revised Change Control Process (Attachment 4). Staff has also prepared an “At-A-Glance” version that offers a concise summary of the process, making it easily accessible to the public (Attachment 5). In addition to proposing extending the duration of the public hearing, staff is recommending the following improvements to enhance Valley Water’s current practice of providing notice of public hearings, and to better inform the public about decisions made on adjustments and modifications to projects:
1. Noticing for Public Hearings. Under the current Change Control Process, Valley Water provides notices of Safe, Clean Water Program public hearings applying the provisions of California Government Code Section 6066. However, there is no legal requirement to follow the provisions of Section 6066; rather, this is a self-imposed practice. To further promote transparency and to align with notices for other Valley Water hearings, staff proposes that Valley Water comply with the notice requirements set forth in the Santa Clara Valley Water District Act (District Act), Section 12(a), which applies to engineers’ reports. Similar to Gov’t Code Section 6066, Section 12(a) of the District Act requires publication of two notices in two consecutive weeks in a newspaper of general circulation. Aligning with the District Act will ensure consistency with other Valley Water project public notices and outreach.
2. Outreach for Public Hearings. Valley Water’s current practice already includes a wide range of outreach efforts to promote public engagement. These include publication of our hearing notices in newspapers of general circulation as well as local papers, posting notices on Valley Water’s website and via social media, and sending e-blasts to IMC members, the Safe, Clean Water list of interested parties, and applicable project email lists. For public meetings covering Safe, Clean Water Program changes, staff will include a Quick Response (QR) code in presentations linking to the sign-up form for email notifications. Further, staff proposes to enhance the public hearing outreach by increasing the frequency of social media promotions and blog posts, as needed, and by conducting annual messaging to stakeholders on Valley Water’s Newsletter email list. Social media promotion involves amplifying the exposure of social media content, sometimes through paid advertising, with the goal of broadening Valley Water’s reach and encouraging interaction.
3. Documentation of Project Schedule or Funding Adjustments. Under the existing Change Control Process, after the Board approves an adjustment to a project schedule or funding, Valley Water posts the information on the Program’s web page and includes the information in the Program’s 5-year implementation plan and annual report. Staff proposes to add clarifying language to the Change Control Process to specify what information will be reported and where the information will be made publicly available, after the adjustment decision is made.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts 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 a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: SCVWD 20-64 Resolution Adopting Measure S
Attachment 2: Existing Board-approved Change Control Process
Attachment 3: June 10, 2025 Board Agenda Memo
Attachment 4: Draft Revised Change Control Process
Attachment 5: Revised Change Control Process At-A-Glance
Attachment 6: Proposed Public Hearing Process Timelines
Attachment 7: PowerPoint
UNCLASSIFIED MANAGER: Manager
Luz Penilla, 408-630-2228