BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Receive an Update on the Safe, Clean Water and Natural Flood Protection Program.
End
RECOMMENDATION: Recommendation
Receive an update on 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 Valley Water’s Safe, Clean Water and Natural Flood Protection Program.
The program was first passed by voters in 2000 as the Clean, Safe Creeks and Natural Flood Protection Plan, then again in 2012 as the Safe, Clean Water and Natural Flood Protection Program (Safe, Clean Water Program). The renewal of the Safe, Clean Water Program continues to provide funding for local projects that deliver safe, clean water, natural flood protection, and environmental stewardship to all the communities we serve in Santa Clara County.
While evaluating ways to improve the 2012 program, Valley Water gathered feedback from more than 21,000 community members. That helped Valley Water create the six priorities for the renewed Safe, Clean Water Program, which are:
• Priority A: Ensure a Safe, Reliable Water Supply
• Priority B: Reduce Toxins, Hazards and Contaminants in Our Waterways
• Priority C: Protect Our Water Supply and Dams from Earthquakes and Other
Natural Disasters
• Priority D: Restore Wildlife Habitat and Provide Open Space
• Priority E: Provide Flood Protection to Homes, Businesses, Schools, Streets
and Highways
• Priority F: Support Public Health and Public Safety for Our Community
Each of the six priorities include operational projects, capital projects, or both, each with clearly defined key performance indicators (KPIs) to track long-term performance. KPIs help Valley Water monitor progress, identify potential issues, and uphold accountability.
Valley Water publishes annual reports, which provide financial information, updates on the progress of each priority area, accomplishments, opportunities, and challenges.
To ensure transparency and accountability to the voters, the ballot measure also created an Independent Monitoring Committee (IMC), appointed by the Santa Clara Valley Water District Board of Directors. The IMC annually reviews the program’s progress and reports its findings and recommendations to the Board. Additionally, the IMC reviews each proposed 5-year implementation plan prior to its submittal for Board approval.
Furthermore, Valley Water is required to conduct professional third-party audits of the Safe, Clean Water Program at least once every five years. The first independent audit is currently underway.
The voter-approved measure includes a provision for the Valley Water Board of Directors (Board) to direct staff to modify or not implement projects due to various reasons, including federal and state funding limitations, regulatory issues, etc. Changes to KPIs are considered “modifications.” Also, as the Safe, Clean Water Program progresses, project descriptions, benefits, geographic area of benefit, and funding or schedules, which don’t impact KPIs, may need to be adjusted due to various factors.
Valley Water has established a Board-approved Change Control Process to carry out project changes in alignment with the provisions of Measure S. Valley Water is currently refining the process to enhance stakeholder engagement and provide greater clarity around funding modifications and evaluation procedures. Staff plans to present the updated Change Control Process to the Board for approval in September.
The program operates on a 15-year financial cycle. Every 15 years, the Board will evaluate the need for the tax and decide whether to maintain, reduce, or repeal it to accomplish the community-identified needs. The evaluation process will include engagement with the community and stakeholders.
For more information on the Safe, Clean Water Program, visit <https://www.valleywater.org/safe-clean-water-and-natural-flood-protection-program>.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts associated with this item. This action is unlikely to or will not result in disproportionate impacts on any specific communities relative to the general population from the implementation of this project/program.
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: PowerPoint
UNCLASSIFIED MANAGER: Manager
Luz Penilla, 408-630-2228
Mathew Nguyen, 408-535-8500