December 13, 2005

SUBJECT: Adoption of Resolution in Support of Water Resources Protection Collaborative

REPORT IN BRIEF

In late 2002, the Santa Clara Valley Water District (SCVWD) proposed an amendment to District Ordinance 83-2 which would have greatly increased Water District review and permitting authority near district facilities, including all of the streams running through Sunnyvale.

Several of the cities in Santa Clara County expressed strong concern and opposition to the proposed ordinance as it undermined the cities’ authority for local control of land use planning and suggested the cities were not doing their part to protect water resources and the environment.  For the last 3 years, staff representatives of SCVWD, the 15 cities in Santa Clara County, Santa Clara County, the environmental community and other stakeholders have participated in the Santa Clara Valley Water Resources Protection Collaborative (the Collaborative) to collectively address water protection issues. 

In September 2003, the Sunnyvale City Council approved a resolution in support of the Collaborative’s mission to develop and implement watershed resource protection guidelines and standards (Attachment B). 

The Collaborative members have met monthly to develop a uniform set of Guidelines and Standards to be used for review of land use near streams.  On August 11, 2005, the Collaborative members approved a resolution of consensus that approved the Guidelines and Standards, and agreed to present a resolution to their Councils or Board Members.

Staff recommends adoption of the attached resolution in support of continuing efforts to work with regional partners to “field test” the Guidelines and Standards for Land Use Near Streams and the 2005-06 Implementation Program.  The intent is to refine the Guidelines and Standards so they may be considered for formal adoption by the respective agencies at a later date.

BACKGROUND

In late 2002, the Santa Clara Valley Water District (SCVWD) proposed to amend District Ordinance 83-2 under which SCVWD staff reviews and issues permits for development projects within 50 feet of their right-of-way. The proposal was to expand their permitting jurisdiction to 150 feet in the vicinity of creeks and other facilities, such as groundwater percolation ponds.

Representatives from the cities in Santa Clara County and the County expressed concern for the potential conflicts between the District’s permit requirements and local agencies’ land use and zoning regulations.  This concern was raised in concert with stated support for the District’s goals of stream and riparian corridor protection, flood protection, and preservation of surface and groundwater quality.  

The Santa Clara Valley Water Resources Protection Collaborative (Collaborative) was convened in February 2003 as an ad hoc working group to address the conflict raised by the proposed ordinance amendment.  The Collaborative consists of representatives from the 15 cities in Santa Clara County, the County of Santa Clara, SCVWD, SF Bay Regional Water Quality Control Board, Guadalupe-Coyote Conservation District, Santa Clara County Farm Bureau, property owners, environmental organizations, community groups, business, development interests and the Creekside Property Owners

In July 2003, the Collaborative members (including Sunnyvale staff from Planning and Public Works) signed a Memorandum of Consensus (MOC) which had been agreed to by all Collaborative representatives.  The MOC defined a number of foundational principles, including the acknowledgement that the cities and the County are the primary jurisdictions for land use planning and land use permit regulations. 

In September 2003, Council approved a resolution in support of the Collaborative’s mission to develop and implement watershed resource protection guidelines and standards (Attachment B).  Assistant Director of Public Works/City Engineer Barbara Keegan and Planning Officer Trudi Ryan were appointed to represent the City of Sunnyvale in the Collaborative process.  Associate Planner Jamie McLeod has provided staff support.

The SCVWD agreed to suspend further action on the ordinance revision to allow the Collaborative time to address the concerns which prompted the proposed change.

The Collaborative used a consensus-based model, assisted by an outside mediator, so local jurisdictions, SCVWD, and other interested parties could jointly develop:

1)     A set of Guidelines and Standards for land uses near streams throughout the county consistent with mutual stream protection goals, and

2)     An implementation program which clearly delineates the roles of the SCVWD and the local agencies in land use permitting and regulation for properties near streams.

The Collaborative has since worked toward a joint solution where the concerns of the SCVWD can be addressed through the existing city and county permitting systems.  This provides the mutual benefit of the SCVWD utilizing city resources to meet their watershed stewardship goals, the cities/county maintaining their authority, and streamlining permitting processes for customers.

The Collaborative has recently achieved a major milestone by reaching consensus on a number of key policy issues and guidance documents, including the Guidelines and Standards for land use near streams.  The attached resolution is being submitted to Council for approval in order to formalize the consensus points endorsed by staff.

EXISTING POLICY

LEGISLATIVE MANAGEMENT SUB-ELEMENT

GOAL 7.3C: Participate in intergovernmental activities, including national, state and regional groups, in order to represent the city's interest, influence policy and regulations, and enhance awareness.

Policy 7.3C.1 Represent adopted City policy in intergovernmental activities.

LAND USE AND TRANSPORTATION ELEMENT

Policy R1.11 Protect regional environmental resources through local land use practices.

Action Statements

R1.11.1 Participate in state and regional activities to protect the natural environment.

SURFACE RUN-OFF SUB-ELEMENT

Protect Beneficial Uses of Creeks and South San Francisco Bay

GOAL 3.4A. Assure the reasonable protection of beneficial uses of creeks and South San Francisco Bay, established in the Regional Board's Basin Plan, and protect environmentally sensitive areas.

Policy 3.4A.1 Continue to support the identification and development of BMPs suitable for use in the City through participation in the SCV NPS Control Program, American Public Works Association's Stormwater Quality Task Force, the Bay Area Stormwater Management Agencies Association, and similar organizations.

Policy 3.4A.2 Comply with regulatory requirements and participate in processes which may result in modifications to regulatory requirements.

Minimize Pollutants and Runoff from New Developments

GOAL 3.4D. Minimize the quantity of runoff and discharge of pollutants to the maximum extent practicable by integrating surface runoff controls into new development and redevelopment land use decisions.

Policy 3.4D.1 Consider the impacts on the water quality of surface runoff as part of land use and development decisions and implement BMPs to minimize the total volume and rate of runoff.

DISCUSSION

Staff from the local agencies, District representatives, and stakeholders from community and environmental groups, assisted by a professional facilitator, have met monthly for the past two and a half years.   In July 2003, a Memorandum of Consensus (MOC) was adopted by the Collaborative. The MOC outlines Foundational Principles including the common goal of water resources protection and acknowledges that the Cities and the County are the primary jurisdictions for land use planning and permit regulations.

The cities of Sunnyvale and Gilroy have served as the pilot projects for the Early Consultation Program.  For Sunnyvale, this program includes providing SCVWD staff with information on discretionary land use permits while City staff is reviewing applications. District staff has been invited to attend the Project Review Committee (PRC) meetings to provide input.  District staff is contacted early in the development of new policies related to water quality (e.g. a sub-element of the general plan). Early involvement in public works projects is encouraged. Conversely, the District staff will contact City staff as soon as a SCVWD project in Sunnyvale is identified so that Sunnyvale can participate in the review.

The success of the Collaborative effort has resulted in statewide recognition through two public awards.  The Escaping the Constraints Award from the Public Officials for Environmental Reform (POWER) will be awarded as part of the California Water Policy Conference on Nov. 17 in Los Angeles.  The Association of California Water Agencies (ACWA) will present the District with the 2005 Theodore Roosevelt Environmental Award for Excellence in Natural Resources Management; this award is presented each year to recognize water agencies whose programs protect natural resources while meeting public needs.

Members of the Collaborative and support staff have jointly developed the following documents:

• Guidelines and Standards for Land Uses Near Streams,
• Implementing Tools for the Guidelines and Standards for Land Uses Near Streams,
• Adaptive Management Plan and Process for the Guidelines and Standards for Land Uses Near Streams,
• Work Plan for Outreach for the Guidelines and Standards for Land Uses Near Streams,
• Work Plan for the Water Resources Protection Collaborative (September 2005 – February 2007),
• Work Plan for Early Consultation Program for Review of Land Uses Near Streams, and
• Work Program for the District’s Comprehensive Plan.

 The Guidelines and Standards for Land Uses Near Streams cover a wide range of issues affecting land development near and in local streams.  They address issues such as building setbacks, riparian corridor buffers, creek bank stabilization techniques, vegetation management (e.g. preservation of native riparian vegetation and prohibitions against planting of non-native, invasive species, etc.), bridge and storm drain outfall design, and floodplain management.  Adoption of these Guidelines and Standards as ordinances and/or policies by the District and each of the local agencies within Santa Clara County will ensure that stream and riparian corridor protection measures are applied uniformly throughout the County. 

The proposed resolution is part of an effort by all Collaborative members to seek the commitment of their respective governing bodies to commit their agency to a number of actions related to the Guidelines and Standards in the coming years.  The requested participation includes four key action items:

1) A commitment to make best efforts to incorporate the Guidelines and Standards and associated implementation tools into appropriate land use review processes no later than February 2007.

2) A commitment for appropriate levels of staff participation in the monitoring, assessment, and adaptive management processes.

3) A commitment for participation in a process of early consultation with the District for projects near streams, as appropriate.

4) A commitment for continued attendance by staff members at quarterly Collaborative meetings through February 2007.

Staff has prepared a potential study issue for 2006 related to the resolution so that formal policy can be prepared.  To provide staff with direction to participate in the next phase of work to assure the City’s interests are being addressed, Council would need to both support the attached resolution and rank a related Study Issue item high enough to be included in staff’s 2006 work plan.

Council adoption of the attached resolution is not considered a project under the California Environmental Quality Act (CEQA).  Environmental review would be required prior to incorporation of the Collaborative’s Guidelines and Standards for Land Uses Near Streams into the City’s land use review process.

FISCAL IMPACT

There is no direct fiscal impact to the City’s budget through the adoption of this resolution. If so directed, staff time will be expended as elements of the work plan are developed and reviewed in the next 12 months and will be covered by the operating budgets for the Community Planning and Wastewater Management programs. Funds for consultants, for participation in Collaborative activities, would be paid for by the SCVWD.

Conclusion

The Collaborative was formed in February 2003 in response to a proposed amendment to a SCVWD ordinance which cities and the County in Santa Clara County viewed as over-reaching and intrusive into the local control of cities and the County in regards to land use planning and permit regulation.  The Sunnyvale City Council passed a resolution in September 2003 supporting Sunnyvale’s participation in the collaborative effort to ensure that the City’s interests would be addressed and to demonstrate Sunnyvale’s commitment to protecting water resources in the County.

The proposed resolution serves as a statement to the partner agencies of Sunnyvale’s ongoing commitment to the Collaborative and to a regional approach to protecting water resources.  It is not a formal adoption of the Guidelines and Standards but demonstrates the intent to “field test”, refine and eventually adopt the Guidelines and Standards for water resource protection near streams.  The formal adoption will be proposed at a later date; a related study issue provides for the allocation of staff resources to specifically work on reviewing the Guidelines and Standards with the community and refine them for formal use in Sunnyvale.

PUBLIC CONTACT

This report was included in the publication and posting of the Council agenda on the City’s official notice bulletin board and the City’s web page. This report is also available at the Sunnyvale Public Library and the City Clerk’s Office.

Participants in the Santa Clara Valley Water Resource Protection Collaborative were notified that this item was on the City Council agenda of December 13, 2005.

ALTERNATIVES

1. Adopt the attached Resolution
2. Modify and Adopt the attached Resolution
3. Do not adopt a Resolution

RECOMMENDATION

Staff recommends Alternative 1 as adoption of these Guidelines and Standards by the District and each of the local agencies within Santa Clara County as ordinances and/or policies will ensure that stream and riparian corridor protection measures are applied uniformly throughout the County. 

Further, staff believes the adoption of the recommended Resolution will convey a positive message to the SCVWD Board and the public at large that the City of Sunnyvale is committed to protecting water resources in the County.

Reviewed by:
Robert Paternoster, Director

Community Development Department                           

Marvin A. Rose, Director

Department Public Works

Prepared by:

Trudi Ryan, Planning Officer; Barbara Keegan, Assistant Director of Public Works/City Engineer; and Jamie McLeod, Associate Planner

Approved by:

Amy Chan

City Manager

Attachments

A. Proposed Resolution of Support of the Guidelines and Standards and the 2005-2006 Implementation Program of the Water Resources Protection Collaborative for the planning and permit regulation for the protection of water resources within Santa Clara County.
B. Resolution of Consensus of the Santa Clara Valley Water Resources Protection Collaborative signed August 5, 2005.
C. Memorandum of Consensus for Mutual Cooperation to Jointly Develop and Implement Water and Watershed Resources Protection Measures, Guidelines and Standards and Santa Clara County. City of Sunnyvale Resolution 142-03 approved by Council on Sept. 16, 2003.