BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Adopt a Resolution Authorizing the Chief Executive Officer, or Their Designee, to Sign the Equity in Infrastructure Projects Pledge on Behalf of the Santa Clara Valley Water District.
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RECOMMENDATION: Recommendation
Adopt the Resolution AUTHORIZING THE CHIEF EXECUTIVE OFFICER OR THEIR DESIGNEE TO SIGN THE EQUITY IN INFRASTRUCTURE PROJECT PLEDGE ON BEHALF OF THE SANTA CLARA VALLEY WATER DISTRICT and join the other 74 private and public agencies already in the EIP coalition.
Body
SUMMARY:
The mission of the Santa Clara Valley Water District (Valley Water) is to provide safe, clean water for a healthy life, environment, and economy. To fulfill our mission, Valley Water awards and/or manages millions of dollars in infrastructure projects annually that create jobs and contribute to the economy in other ways. The non-profit Equity in Infrastructure (EIP) aims to build generational wealth and reduce the racial wealth gap by committing public agencies to develop and share policies that create infrastructure contracting opportunities for Historically Underutilized Businesses (HUBs). EIP is seeking public agencies to pledge to advance EIP’s mission.
Valley Water is committed to equity contracting and has taken concrete steps to affirm this commitment and improve access for HUBs, among them small business enterprises.
On September 22, 2020, the Board approved a Resolution "Addressing Systematic Racism and Promoting Equity." The resolution, among other things, called for creating an Ends Policy relative to environmental justice.
On November 23, 2020, the Board Planning and Policy Committee (now Board Policy and Monitoring Committee) heard proposed modifications to Board Governance Ends Policy General Principles E-1 and the Glossary relative to environmental justice, which included expanding the environmental justice definition beyond the federal Environmental Protection Agency (EPA) definition to reflect better local conditions and to include Valley Water's Executive Limitation related to environmental justice approved in 2018. The updated E-1 policy reads as follows:
Valley Water is committed to environmental justice and shall provide for the fair treatment and meaningful engagement of all people regardless of race, color, national origin, tribe, culture, income, immigration status, or English language proficiency, with respect to the planning, projects, policies, services, and operations of Valley Water. Environmental justice is achieved when all people receive:
• Equitable consideration in the planning and execution of flood protection, water supply, safe drinking water, water resources stewardship projects, and protection from environmental and health hazards; and
• Equal access to Valley Water’s decision-making process.
On February 23, 2021, the Board considered and adopted the revised Board Governance Ends Policy General Principles E-1 and the Glossary relative to environmental justice as the Board Planning and Policy Committee recommended.
On September 23, 2023, the Board adopted an ordinance "Directing the Establishment of Procedures for the Small Business Enterprise (SBE) Outreach Program Policy for the Contracting of Construction" in accordance with the Public Contract Code (PCC) §2002, enacted in 2001, which authorizes local agencies to provide SBE preference to facilitate contract awards to small businesses. The ordinance directed the agency to establish criteria and policies consistent with PCC §2000 to encourage SBE participation.
Further, Valley Water encourages and promotes the use of SBEs in contracting per the Board of Directors' governance policies, executive limitations, and newly developed SBE program policies and criteria. Accordingly, signing on to the Equity in Infrastructure Program (EIP) pledge and joining the growing coalition of national, state, and local public and private agencies whose CEOs have already signed affirms Valley Water's commitment to equity.
EIP’s pledge does not take the place of existing federal, state or local laws and or contracting program requirements.
Staff, therefore, recommends that the Board authorize the CEO to sign on to the Equity in Infrastructure Program (EIP) pledge on behalf of Valley Water.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
This action is not subject to environmental justice analysis because it is unlikely to result in human health or environmental impacts. However, signing this pledge further affirms Valley Water’s commitment to equity.
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 the potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Resolution
UNCLASSIFIED MANAGER: Manager
Marta Lugo, 408-630-2237