BOARD AGENDA MEMORANDUM
SUBJECT:Title
Adopt Resolution by the Santa Clara Valley Water District Authorizing Representatives to Submit a Grant Application to the Environmental Protection Agency’s Water Quality Improvement Program for the San Francisco Bay Region for Fiscal Year 2023 and, if Awarded, Delegate Authority to the Chief Executive Officer (CEO) or Designee, to Negotiate and Execute a Grant Agreement and Any Amendments Thereto, for a Creek Cleanup Initiative at Eight Creeks in Santa Clara County and a Bank repair and Trash Raft and Woody Debris Removal Project at Coyote Creek, Project Numbers 26771027 and 62761027.
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RECOMMENDATION:Recommendation
A. Adopt A RESOLUTION BY THE SANTA CLARA VALLEY WATER DISTRICT AUTHORIZING REPRESENTATIVES TO SUBMIT A GRANT APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY’S WATER QUALITY IMPROVEMENT PROGRAM FOR THE SAN FRANCISCO BAY REGION FOR FISCAL YEAR 2023 AND IF AWARDED, TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT AND ANY AMENDMENTS THERETO, FOR A CREEK CLEANUP INITIATIVE AT EIGHT CREEKS IN SANTA CLARA COUNTY AND A BANK REPAIR AND TRASH RAFT AND WOODY DEBRIS REMOVAL PROJECT AT COYOTE CREEK, Project Numbers 26771027 and 6276102;
B. Delegate authority to the Chief Executive Officer (CEO), or designee appointed by the CEO, to apply for grant funds and, if successful, negotiate and execute a Grant Agreement with the US Environmental Protection Agency (EPA) for funding to support a Creek Cleanup Initiative at eight creeks in Santa Clara County and a bank repair and trash raft and woody debris removal project at Coyote Creek;
C. Delegate authority to the CEO, or designee appointed by the CEO, to sign and submit invoices and requests to the EPA for grant fund reimbursements to be made pursuant to the Grant Agreement; and
D. Delegate to the CEO, or designee appointed by the CEO, such other authority as needed to provide management and support services required to perform and administer the work pursuant to the grant agreement, as deemed necessary and appropriate.
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SUMMARY:
The Santa Clara Valley Water District (Valley Water) plans to submit a grant application to the EPA for a San Francisco Bay Water Quality Improvement Grant by September 20, 2022 to improve water quality and restore watersheds and wetlands in Santa Clara County by a Creek Cleanup Initiative addressing problem areas along eight high-priority creeks throughout the county and carrying out bank repair and trash raft and woody debris removal at Coyote Creek.
Valley Water’s Executive Limitation 5.3.2 requires Board authorization for grant applications or agreements whereby Valley Water receives federal funds. Attached is a resolution through which the Board can authorize Valley Water representatives to submit the application on its behalf (Attachment 1).
The grant application planned for submittal includes two project components, which fall under two separate Valley Water programs.
1. Safe, Clean Water and Natural Flood Protection Program (Safe, Clean Water Program), Good Neighbor Program - Encampment Cleanup Project (Project F5)
Grant funds are needed to help fund cleanups of encampment-generated trash, debris, and hazardous pollutants in the creeks. Trash, debris, and pollutants introduce water quality impediments and harm fish and wildlife. This situation is negatively impacting the ecosystem. The problem has been exacerbated by the presence of unhoused individuals living along most of the major creeks in Santa Clara County. Under the Creek Cleanup Initiative, Valley Water will focus on: Berryessa Creek, Coyote Creek, Saratoga Creek, Los Gatos Creek, Lower Silver Creek, Thompson Creek, Guadalupe Creek, and West Branch Llagas Creek. This effort will also include expanding outreach services to the unhoused. Maps for each of the creek cleanup sites are included in Attachment 2.
The voter-approved Safe, Clean Water Program provides $31 million to clean up encampment-generated trash, debris, and hazardous pollutants and to reduce the amount of these pollutants entering the streams over the first 15-year funding cycle (Fiscal Years 2022-2036). However, the expenditure rate after the first year (Fiscal Year 2022) of the renewed Program indicates that Project F5 does not have sufficient funding to meet the growing demand for cleanups along our creeks. Although Valley Water has and continues to make significant investments in creek cleanup efforts, additional funding is needed to increase services and address the challenge. Valley Water lacks the funds to carry this out on its own and requires partners to implement this laudable effort effectively.
2. Watershed Erosion Protection - Bank Repair Project
Valley Water is proposing to repair and preserve an eroding creek bank on Coyote Creek, which eroded due to excavations by the unhoused, remove trash rafts and woody debris and restore the riparian vegetation and habitat at that location. Photos of the creek and erosion site are included as Attachment 3.
As Valley Water does not own or have an easement on this portion of Coyote Creek, this work is not currently included in the Stream Maintenance Program (SMP) and therefore is unfunded. The project site owner, the City of San José (CSJ), has submitted a Letter of Commitment (Attachment 4) to the EPA expressing their support of our grant application and the importance of funding this work. In its letter, CSJ stated that if a grant is awarded, it would be willing to establish a formal partnership with Valley Water to implement the bank repair and trash raft and woody debris removal efforts to enhance environmental quality for residents and visitors to Santa Clara County and the San Francisco Bay area.
Next Steps
Once approved by the Board, the resolution authorizing the grant application will be presented as part of the grant application process for these projects. The grant application period is expected to open in July 2022, with a deadline of 90 days after the release of the grant opportunity for 2023.
If Valley Water is successful in the application, staff will work with the EPA to determine the funding allocation plan. Valley Water staff has implemented an electronic system and new software program to identify and track compliance responsibilities for grants management. Before executing the grant agreement, staff will review and confirm all grant requirements to ensure ongoing compliance with the terms and conditions.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice Impacts associated with this action but seeking outside funding to support creek cleanups could result in improvements to vulnerable communities located in disadvantaged communities Census Tracts around Santa Clara County. This grant application is designed to address issues of environmental justice. All the sites of the proposed creek cleanups are located near a disadvantaged Census Tract. According to a November 2021 Valley Water report on Disadvantaged Communities, the impacts of environmental pollution are felt overwhelmingly by vulnerable populations. Within Santa Clara County, 8% of the population (approximately 155,000) is designated as living in census tracts that rank in the state’s top 25% most impacted by environmental and socioeconomic stressors based on the California Environmental Protection Agency’s Cal EnviroScreen score, which is a cumulative measure of a population’s characteristics and pollution burden.
FINANCIAL IMPACT:
Board approval of the recommended actions may result in up to $3 million in new grant revenue for Valley Water to help fund creek cleanups under Project F5. It would also fund the repair and preserve a creek bank on Coyote Creek that was eroded due to excavation by the unhoused, remove trash rafts and restore the riparian vegetation and habitat at that location under the Watershed Erosion Project. This grant will have a positive financial impact on Valley Water by helping address a significant funding gap. I The grant requires a 50% match of total project expenses. This match can include cash or in-kind contributions.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have the potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Resolution
Attachment 2: Creek Cleanup Site Maps
Attachment 3: Coyote Creek Erosion Site Photos
Attachment 4: CSJ Letter of Commitment
UNCLASSIFIED MANAGER:Manager
Jennifer Codianne, 408-630-3876