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File #: 25-0657    Version: 1 Name:
Type: Assistant CEO Item Status: Agenda Ready
File created: 7/22/2025 In control: Board of Directors
On agenda: 9/23/2025 Final action:
Title: Adopt a Resolution Providing for a Safe, Clean Water and Natural Flood Protection Program Independent Monitoring Committee of the Santa Clara Valley Water District - Superseding Resolution No. 21-10 establishing new conflict of interest disclosure requirements for members of the Safe, Clean Water and Natural Flood Protection Program's Independent Monitoring Committee.
Attachments: 1. Attachment 1: SCVWD Resolution 21-10, 2. Attachment 2: SCVWD Resolution 12-62, 3. Attachment 3: SCVWD Resolution 20-64, 4. Attachment 4: 2012 Program Closeout Audit, 5. Attachment 5: Redlined 21-10, Proposed Revisions, 6. Attachment 6: Resolution
BOARD AGENDA MEMORANDUM

Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)

SUBJECT: Title
Adopt a Resolution Providing for a Safe, Clean Water and Natural Flood Protection Program Independent Monitoring Committee of the Santa Clara Valley Water District - Superseding Resolution No. 21-10 establishing new conflict of interest disclosure requirements for members of the Safe, Clean Water and Natural Flood Protection Program's Independent Monitoring Committee.


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RECOMMENDATION: Recommendation
Adopt the Resolution PROVIDING FOR A SAFE, CLEAN WATER AND NATURAL FLOOD PROTECTION PROGRAM INDEPENDENT MONITORING COMMITTEE OF THE SANTA CLARA VALLEY WATER DISTRICT - SUPERSEDING RESOLUTION NO. 21-10 establishing new conflict of interest disclosure requirements for members of the Safe, Clean Water and Natural Flood Protection Program's Independent Monitoring Committee.


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SUMMARY:
To ensure accountability and transparency, Valley Water is required to conduct third-party audits of the Safe, Clean Water and Natural Flood Protection Program (Safe, Clean Water Program, or Program) at least once every five years. The most recent closeout audit of the 2012 Program recommended adopting a conflict of interest policy for the Independent Monitoring Committee (IMC), highlighting that both real and perceived conflicts of interest could undermine the Program's credibility.
After reviewing options, Valley Water staff determined the most appropriate solution is to adopt a resolution replacing the IMC's current, governing resolution, Resolution 21-10, that sets forth new conflict of interest disclosure and recusal requirements, rather than requiring IMC members to submit Form 700 filings. This approach balances transparency with practicality, addressing audit findings while respecting the IMC's monitoring role.

Background

The Safe, Clean Water Program

The original Program was first passed by voters in 2012. In November 2020,...

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Notice to Public:

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