JOINT CITY COUNCIL/SANTA CLARA
VALLEY WATER DISTRICT BOARD
AGENDA
Hybrid Meeting - Valley Water Headquarters . Bldg.
Boardroom, 5700 Almaden Expressway, San Jose, California and
Virtually - https://valleywater.zoom.us/j/84454515597
Friday, November 17, 2023
9:00
A.M. to 12:00 P.M.
DISTRICT 1 DISTRICT 6
DISTRICT 2 DISTRICT 7
DISTRICT 3
DEV DAVIS
BIEN DOAN
MATT MAHAN, MAYOR DOMINGO CANDELAS DISTRICT 8
DISTRICT 4 DISTRICT 9
ROSEMARY KAMEI
SERGIO JIMENEZ
OMAR TORRES
DAVID COHEN
PETER ORTIZ
DISTRICT 5
PAM FOLEY
ARJUN BATRA DISTRICT 10
The City of San José is committed to open and honest government and strives to consistently meet the community’s expectations by providing excellent service, in a positive and timely manner, and in the full view of the public.
Welcome to the San José City Council meeting!
This Agenda contains both a Consent Calendar section for routine business items that require Council approval, and general business items arranged to correspond with San José’s City Service Areas (CSAs).
City Service Areas represent the policy-making level for strategic planning, policy setting, and investment decisions in the critical functions the City provides to the community. They are:
• Strategic Support - The internal functions that enable the CSAs to provide direct services to the community in an effective and efficient manner. • Public Safety - Commitment to excellence in public safety by investing in neighborhood partnerships as well as prevention, enforcement, and emergency preparedness services. • Transportation & Aviation Services - A safe and efficient transportation system that contributes to the livability and economic health of the City; and provide for the air transportation needs of the community and the region at levels that is acceptable to the community. • Environmental and Utility Services - Manage environmental services and utility systems to ensure a sustainable environment for the community.
• Neighborhood Services - Serve, foster, and strengthen community by providing access to lifelong learning and opportunities to enjoy life.
• Community & Economic Development - Manage the growth and change of the community in order to create and preserve healthy neighborhoods and ensure a diverse range of employment and housing opportunities.
You may speak to the City Council about any discussion item that is on the agenda, and you may also speak during Open Forum on items that are not on the agenda and are within the subject matter jurisdiction of the City Council or Successor Agency to the Redevelopment Agency Board. If you wish to speak to the City Council, please refer to the following guidelines:
o Fill out a Yellow Speaker’s Card and submit it to the City Clerk seated at the front table. Do this before the meeting or before the item is heard. This will ensure that the name on the card is called for the item(s) that you wish to address, and it will help ensure the meeting runs smoothly for all participants by calling speakers in an orderly manner. o When the Council reaches your item on the agenda, the Mayor will open the public hearing and call your name. Please address the Council from the podium, which is located to the left of the City Clerk’s table.
o Each speaker generally has two minutes to speak per item. The total amount of time allocated for public testimony for each public speakers or for an agenda item may be limited at the Mayor’s discretion, depending on the number of speakers or the length of the agenda. (California Government Code Section 54954.3; Council Policy 0-37)
o To assist you in tracking your speaking time, there is a display on the podium. The green light turns on when you begin speaking; the yellow light turns on when you have 30 seconds left; and the red light turns on when your speaking time is up.
Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during Open Forum. According to State Law (the Brown Act) items must first be noticed on the agenda before any discussion or action.
The San José City Council meets every Tuesday at 1:30 p.m. and Tuesday at 6 p.m. as needed, unless otherwise noted. The City Council, or less than a quorum, may adjourn any regular, special or adjourned meeting to a later date, time and place specified in the order of adjournment. If all members are absent, the City Clerk may declare the meeting adjourned to a stated date, time and place. If you have any questions, please direct them to the City Clerk’s staff seated at the tables just below the dais. Thank you for taking the time to attend today’s meeting. We look forward to seeing you at future meetings.
Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://www.sanjose.legistar.com/Calendar.aspx. Council Meetings are televised live and rebroadcast on Channel 26.
All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at San José City Hall, 200 E. Santa Clara Street, Tower 14th Floor, San José, CA 95113 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. Please go to the Clerk’s Records Database https://records.sanjoseca.gov/Pages/Search.aspx for the final document, or you many also contact the Office of the City Clerk at (408) 535-1260 or [email protected].
American Disability Act: To request an alternative format agenda under the Americans with Disabilities Act for City-sponsored meetings, events or printer materials, please call (408) 535-1260 as soon as possible, but at least three business days before the meeting.
Accommodations: Any member of the public who needs accommodations should email the ADA Coordinator at [email protected] or by calling (408) 535-8430. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests.
On occasion the City Council may consider agenda items out of order.
November 17, 2023City Council Agenda
How to observe the Meeting (no public comment):
1) Cable Channel 26,
2) https://www.sanjoseca.gov/your-government/appointees/city-clerk/council-agendas-minutes/ participate-watch-public-meetings, or
3) https://www.youtube.com/CityofSanJoseCalifornia
How to submit written Public Comment before the Meeting:
1) Use the eComment tab located on the City Council Agenda page. eComments are also directly sent to the ilegislate application used by City Council and staff. 2) By email to [email protected] by 3:00 p.m. the day before the meeting. Those emails will be attached to the Council Item under “Letters from the Public.” Please identify the Agenda Item Number in the subject line of your email.
How to submit written Public Comment during the Meeting:
1) Email during the meeting to [email protected], identifying the Agenda Item Number in the email subject line. Comments received will be included as a part of the meeting record but will not be read aloud during the meeting.
How to provide spoken Public Comment during the Meeting:
1) By Phone: 1 (669) 900-9128, 84454515597#. Webinar ID is 844 5451 5597. 2) Online at https://valleywater.zoom.us/j/84454515597
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.
Interpretation is available in Spanish and Vietnamese. In your webinar controls, select “Interpretation.” Click the language you would like to hear. (Zoom only)
Se dispone de interpretación en español y vietnamita. En los controles de su seminario web, seleccione "Interpretation" (Interpretación). (Zoom solo)
Thông dịch có sẵn bằng tiếng Tây Ban Nha và tiếng Việt. Trong các điều khiển hội thảo trên web của bạn, hãy chọn “Interpretation” (Phiên dịch). (Zoom chỉ một)
To request interpretation in other languages, please email [email protected] four days prior to the meeting.
November 17, 2023City Council Agenda
1. Call to Order and Roll Call
9:00 a.m. - 12:00 p.m. Joint City Council / Santa Clara Valley Water District Board
2. Pledge of Allegiance
3. Opening Remarks by Chair of the Board and the Mayor.
4. 23-1570 Emergency Preparedness and Response - Joint Emergency Action Plan.
Recommendation: Santa Clara Valley Water District Board and the City of San José Mayor and City Council receive an update on the continued coordination to support our communities in the case of flooding.
5. 23-1571 Shoreline Levee and Pond A18.
Recommendation: Santa Clara Valley Water District Board and the City of San José Mayor and City Council receive an update on the South San Francisco Bay Shoreline Phase I Project and Pond A18.
6. 23-1572 Purified and Recycled Water.
Recommendation: Santa Clara Valley Water District Board and the City of San José Mayor and City Council:
(a) Receive an update and provide feedback on the expansion of the purified and recycled water system and development of a potable reuse project to ensure our community is more drought resilient; and (b) Refer further discussion to the Joint Recycled Water Policy Advisory Committee with the cities of San José and Santa Clara.
7. 23-1573 Coyote Creek Flood Protection Project and Anderson Dam Seismic Retrofit Project.
Recommendation: Santa Clara Valley Water District Board and the City of San José Mayor and City Council receive an update on the Coyote Creek Flood Protection Project and Anderson Dam Seismic Retrofit Project.
8. 23-1574 Overall Coordination on Unhoused Issues.
Recommendation: Santa Clara Valley Water District Board and the City of San José Mayor and City Council receive an update and provide feedback on the overall coordination between the City of San José and Valley Water on unhoused issues.
9. 23-1575 Discussion - Other Items for Future Consideration.
November 17, 2023City Council Agenda
• Public Comment
• Adjournment
November 17, 2023City Council Agenda
CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN
THE COUNCIL CHAMBERS AND COMMITTEE ROOMS
The Code of Conduct is intended to promote open meetings that welcome debate of public policy issues being discussed by the City Council, their Committees, and City Boards and Commissions in an atmosphere of fairness, courtesy, and respect for differing points of view.
1. Public Meeting Decorum:
a) Persons in the audience will refrain from behavior which will disrupt the public meeting.
This will include making loud noises, clapping, shouting, booing, hissing or engaging in any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting.
b) Persons in the audience will refrain from creating, provoking or participating in any type of disturbance involving unwelcome physical contact.
c) Persons in the audience will refrain from using cellular phones and/or pagers while the meeting is in session.
d) Appropriate attire, including shoes and shirts are required in the Council Chambers and Committee Rooms at all times.
e) Persons in the audience will not place their feet on the seats in front of them. f) No food, drink (other than bottled water with a cap), or chewing gum will be allowed in the Council Chambers and Committee Rooms, except as otherwise pre-approved by City staff. g) All persons entering the Council Chambers and Committee Rooms, including their bags, purses, briefcases and similar belongings, may be subject to search for weapons and other dangerous materials.
2. Signs, Objects or Symbolic Material:
a) Objects and symbolic materials, such as signs or banners, will be allowed in the Council Chambers and Committee Rooms, with the following restrictions: § No objects will be larger than 2 feet by 3 feet.
-No sticks, posts, poles or other such items will be attached to the signs or other symbolic materials.
-The items cannot create a building maintenance problem or a fire or safety hazard. b) Persons with objects and symbolic materials such as signs must remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. c) Objects that are deemed a threat to persons at the meeting or the facility infrastructure are not allowed. City staff is authorized to remove items and/or individuals from the Council Chambers and Committee Rooms if a threat exists or is perceived to exist. Prohibited items include, but are not limited to: firearms (including replicas and antiques), toy guns, explosive material, and ammunition; knives and other edged weapons; illegal drugs and drug paraphernalia; laser pointers, scissors, razors, scalpels, box cutting knives, and other cutting tools; letter openers, corkscrews, can openers with points, knitting needles, and hooks; hairspray, pepper spray, and aerosol containers; tools; glass containers; and large backpacks and suitcases that contain items unrelated to the meeting.
November 17, 2023City Council Agenda
CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN THE COUNCIL CHAMBERS AND COMMITTEE ROOMS (CONT’D.)
3. Addressing the Council, Committee, Board or Commission:
a) Persons wishing to speak on an agenda item or during open forum are requested to complete a speaker card and submit the card to the City Clerk or other administrative staff at the meeting.
b) Meeting attendees are usually given two (2) minutes to speak on any discussion item and/or during open forum; the total amount of time allocated for public testimony for each public speaker or for an agenda item is in the discretion of the Chair of the meeting and may be limited when appropriate. (California Government Code Section 54954.3; Council Policy 0-37) Applicants and appellants in land use matters are usually given more time to speak. Speakers using a translator will be given twice the time allotted to ensure non-English speakers receive the same opportunity to directly address the Council, Committee, Board or Commission.
c) Speakers should discuss only the agenda item when called to speak for that item, and only topics related to City business when called to speak during open forum on the agenda. d) Speakers’ comments should be addressed to the full body. Requests to engage the Mayor, Council Members, Board Members, Commissioners or Staff in conversation will not be honored. Abusive language is inappropriate.
e) Speakers will not bring to the podium any items other than a prepared written statement, writing materials, or objects that have been inspected by security staff. f) If an individual wishes to submit written information, he or she may give it to the City Clerk or other administrative staff at the meeting.
g) Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.
Failure to comply with this Code of Conduct which will disturb, disrupt or impede the orderly conduct of the meeting may result in removal from the meeting and/or possible arrest.
TO: JOINT CITY COUNCIL /VALLEY FROM: Raymond Riordan
WATER DISTRICT BOARD
SUBJECT: EMERGENCY PREPAREDNESS DATE: November 10, 2023 AND RESPONSE – JOINT
EMERGENCY ACTION PLAN
Approved Da te
11/13/2023
RECOMMENDATION
Santa Clara Valley Water District Board and the City of San José Mayor and City Council receive an update on the continued coordination to support our communities in the case of flooding.
BACKGROUND
The City of San José (City) and the Santa Clara Valley Water District (Valley Water) have established an ongoing partnership for emergency preparedness and response. Both government agencies have legislatively adopted and continue to maintain the Joint Emergency Action Plan for Severe Storm and Flood Response in San José (JEAP), which establishes the structure and response expectations for potential and actual flooding emergencies. The JEAP identifies flooding hotspots, agency roles and responsibilities, triggers for response, and public communication guidelines between City and Valley Water. Since the JEAP was initially adopted in 2017, three updates have been accomplished where additional flood hotspots have been added, or existing plan content has been revised. A fourth update to the JEAP is being finalized to add Berryessa Creek, which includes flood hotspots at Cropley Avenue and Berryessa Park.
ANALYSIS
The City and Valley Water have conducted numerous trainings and exercises for the JEAP, but most recently during the winter storms of 2022-2023, the JEAP was activated to guide emergency response. During the inclement weather period, Valley Water provided intelligence and flood projections to the City that involve d creek and reservoir behavior. The City deployed resources from Public Works, Transportation, Police, Parks, Recreation, and Neighborhood Services, Housing, and other departments for emergency response actions, including the use of both in person teams and long range acoustical devices to warn residents along the waterways; JOINT CITY/VALLEY WATER AGENDA: 11/17/23
ITEM: 4
JOINT CITY COUNCIL/VALLEY WATER DISTRICT BOARD
November 10, 2023
Subject: Emergency Preparedness and Response – Joint Emergency Action Plan Pa ge 2
and established shelters for 283 unhoused residents and 94 took advantage of the evacuation transition facilities.
Valley Water produced and delivered sandbag resources to the C ity, and deployed field operations staff to safely clear debris and maintain stream channels. Both agencies had Field Information Teams that were deployed to monitor real-time status in the creeks and impacted City areas. Public communications were coordinated between the Emergency Operations Centers and Public Information Officers from both agencies. These actions between both agencies resulted in a coordinated and effective response during the storm events.
In anticipation of the upcoming winter, the City and Valley Water continue to prepare for potential flooding that the season may bring. Both agencies are scheduled to perform a joint walk-through of the JEAP in December 2023, to maintain alignment and expectations for emergency response. Both agencies regularly seek areas of improvement in regard to their roles and responsibilities during flood monitoring and response, and the JEAP is the binding document that captures these enhancements. The strong partnership between the City and Valley Water demonstrates that collaboration and coordination provide a more effective and efficient response to the public during times of emergency.
COORDINATION
This memorandum has been coordinated with the Department of Public Works, Department of Transportation, and Valley Water.
/s/
RAYMOND RIORDAN
Director, Office of Emergency Management
For questions, please contact Alvin Galang, Assistant to the City Manager, at [email protected] or (408) 794-7055.
TO: JOINT CITY COUNCIL /VALLEY FROM: Nanci Klein
WATER DISTRICT BOARD
SUBJECT: SEE BELOW DATE: November 8, 2023
Approved Da te
11/13/2023
SUBJECT: SHORELINE LEVEE AND POND A18
RECOMMENDATION
Santa Clara Valley Water District (Valley Water) Board and the City of San Jos é (City) Mayor and City Council receive an update on the South San Francisco Bay Shoreline Phase I Project and Pond A18.
BACKGROUND
The South San Francisco Bay Shoreline Phase I Project (Project) is a multi-benefit flood risk reduction and shoreline restoration project managed by the United States Army Corps of Engineers (USACE) in partnership with Valley Water and the California State Coastal Conservancy. The Project will provide 100-year coastal flood risk management, including consideration for future sea level rise, for the communities of Alviso and parts of North San José and for critical infrastructure such as the San José-Santa Clara Regional Wastewater Facility (RWF). The Project will also restore roughly 2,900 acres of former salt ponds into tidal marsh and improve public access along the shoreline.
The Project consists of five reaches: Reaches 1-3, located between the Alviso Slough and Artesian Slough; and Reaches 4-5, located between Artesian Slough and Coyote Creek. The Project received congressional authorization for design and construction in December 2015 at a cost of $194 million. The Project has since realized significant cost increases, mainly due to significant cost growth of the levee fill material over the years. In February 2021, USACE updated the Project costs to $545 million, nearly tripling the 2015 authorized design and construction cost.
The construction contract for Reaches 1-3 was advertised and construction began in December 2021. The construction of Reaches 1-3 is anticipated to be complete in summer 2025. With the Project cost increase, the Project partners are now exploring ways to lower the remaining cost of the construction of Reaches 4-5 while still meeting the Project objectives.
JOINT CITY COUNCIL/VALLEY WATER AGENDA: 11/17/23
ITEM: 5
JOINT CITY COUNCIL/VALLEY WATER DISTRICT BOARD
November 8, 2023
Subject: Shoreline Levee and Pond A18
Pa ge 2
Valley Water and City staff are focused on reducing the cost of the Project and have identified a potential path forward to successfully complete the Project. The City has prepared a draft Letter of Intent describing its proposal to implement that approach and Valley Water staff are currently reviewing the Letter of Intent.
ANALYSIS
Valley Water and City staff have identified several ways to reduce costs for the Project. A value engineering exercise is underway to determine the most cost -effective route for the remaining levee reaches.
To complete Reaches 4-5 and implement the restoration elements, the Project needs approximately 895 acres of land owned by the RWF. The City is the administering agency for RWF and co-owns the RWF with the City of Santa Clara. Valley Water and the City are partnering to develop an approach that would allow the City’s transfer of these lands in a manner that fulfills the City’s fiduciary obligation to the ratepayers of the RWF while reducing the cost of the Project.
On August 28, 2019, the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) issued Order No. R2-2019-0026 to the City, requiring the cleanup of 25 legacy biosolids ponds at the RWF known as the Legacy Lagoons. This order requires roughly 60 acres of impacts to wetlands that must be mitigated and provided an opportunity to reduce the burden of those mitigation requirements by working collaboratively on the Project.
Other Project needs from the City and the RWF include areas for staging, access easements for construction, a right-of-entry agreement for areas needed to stockpile construction materials, and the transfer of Legacy Lagoons L16-L19 and Pond A18 to allow for ecosystem restoration and increased habitat.
Opportunities for Partnership
Valley Water worked in lockstep with the City, the California State Coastal Conservancy, and other stakeholders in 2021 and 2022 to advocate with USACE and Congress for additional federal funding. Thanks to this strong advocacy effort , in February 2023, USACE was awarded an additional $91.12 million under the Fiscal Year 2023 Disaster Supplemental Appropriations Bill for the Project.
To lower the cost of remaining Project elements, the USACE agreed to a request to conduct a Value Engineering Study. Staff are in the process of gathering information and putting together concepts for the Value Engineering analysis. City and Valley Water staff, along with the Project partners, have been meeting monthly and working collaboratively to help progress the Project, provide information towards the Value Engineering Study, and find ways to lower the Project cost.
JOINT CITY COUNCIL/VALLEY WATER DISTRICT BOARD
November 8, 2023
Subject: Shoreline Levee and Pond A18
Pa ge 3
Valley Water and the City intend to collaborate to secure mitigation credits from the Project’s restoration efforts in Pond A18 with the support of other Pr oject partners: the USACE and the California State Coastal Conservancy. Our partnership when engaging the Regional Water Board is critical to securing these credits, which have the potential to financially benefit both the RWF and the Project.
The City, Valley Water, and Project partners will continue to search for, and discuss, funding opportunities.
COORDINATION
This memorandum has been coordinated with the City Attorney’s Office and Valley Water.
/s/
NANCI KLEIN
Director, Office of Economic Development
and Cultural Affairs
For questions, please contact Kevin Ice, Assistant to the City Manager, Senior Real Estate Manager, at [email protected].
TO: JOINT CITY COUNCIL/VALLEY FROM: Kerrie Romanow
WATER DISTRICT BOARD
SUBJECT: PURIFIED AND DATE: November 8, 2023
RECYCLED WATER
Approved Date
11/13/2023
RECOMMENDATION
Santa Clara Valley Water District (Valley Water) Board and the City of San Jose (City) Mayor and City Council:
A. Receive an update and provide feedback on the expansion of the purified and recycled water system and development of a potable reuse project to ensure our community is more drought resilient; and
B. Refer further discussion to the Joint Recycled Water Policy Advisory Committee with the City of San José and City of Santa Clara .
BACKGROUND
In January 2023, Valley Water, City of San José, and City of Santa Clara (Cities) executed a Letter of Intent fo r Collaborating on the Expansion of Recycled and Purified Water in Santa Clara County. The Letter of Intent recognizes that climate change makes our community more vulnerable to extreme weather conditions, including periods of long-term drought and more intense wet-weather events. To prepare for these extreme and uncertain events, the availability of a drought proof water supply and efficient water management justifies the significant and rapid expansion of recycling treated wastewater from the San José- Santa Clara Regional Wastewater Facility. This expansion program will provide the flexibility to serve many uses including the outdoor irrigation of functional landscape and the provision of advanced purified recycled water for drinking water purposes.
Santa Clara County relies on imported water for half its water supply, which becomes vulnerable as the snowpack shrinks due to climate change. A principal goal agreed to by the Cities and Valley Water in the Letter of Intent is to maximize the use of treated wastewater to best serve the water supply needs of the community and to develop a more sustainable, water-resilient future in the face of climate change.
JOINT CITY COUNCIL/VALLEY WATER AGENDA: 11/17/23
ITEM: 6
JOINT CITY COUNCIL/VALLEY WATER DISTRICT BOARD
November 8 , 2023
Subject: Purified and Recycled Water
Pa ge 2
ANALYSIS
Utilizing treated wastewater to best serve our residents and businesses can be achieved through recycled water expansion and potentially potable reuse.
Non-Potable Recycled Water Expansion
Valley Water and the Cities have long collaborated on recycled water projects. This has included the development of South Bay Water Recycling, a non-potable system (aka purple pipe), and the Silicon Valley Advanced Water Purification Center (SVAWPC), which opened in 2014. The SVAWPC has been a success story and instrumental in boosting the non-potable recycled water usage at more landscape and industrial settings by producing purified water and mixing it with recycled water to enhance the water quality (e.g., decreasing the total dissolved solids). In addition, the SVAWPC has helped Valley Water garner more public support for future potable reuse and perform critical studies that have helped prepare for future regulations.
San José plans to increase recycled water use through South Bay Water Recycling by 10,000 acre feet per year with a focus on irrigation at schools and parks. South Bay Water Recycling currently delivers water to over 900 customers in San José, Santa Clara, and Milpitas for irrigation, dual toilet flushing, cooling towers and other industrial purposes. Valley Water’s Water Supply Master Plan recognizes that wastewater partners in the county will expand non- potable reuse.
Potable Reuse
Valley Water worked with the wastewater agencies within the county to develop the Countywide Water Reuse Master Plan (CoRe Plan) in 2021. The CoRe Plan’s main emphasis was on Valley Water’s goal of developing 24,000 Acre Feet Per Year of potable reuse in the county. The CoRe Plan included evaluation of wastewater availability, regulatory and technical needs, governance structure, and potential project portfolios. At the time, Indirect Potable Reuse, which uses advanced purified water to replenish groundwater basins, was the only possible type of potable reuse and is therefore the first phase of Valley Water’s potable reuse implementation. Valley Water is currently making progress on this goal with an up to 10,000 acre feet per year indirect potable reuse project in Palo Alto.
Since then, the Direct Potable Reuse regulations have been released for public comment and are likely to be finalized in 2024. Direct Potable Reuse regulations will permit the delivery of advanced purified water directly to consumers or delivery before a water treatment facility.
Direct Potable Reuse allows the water to efficiently serve many uses, in a more flexible manner than groundwater replenishment. Consequently, it was determined to be the preferred potable reuse approach for collaboration between the Cities and Valley Water. Compared to the SVAWPC, the Direct Potable Reuse treatment method will be more stringent and includes additional treatment steps to ensure that the water is always safe to drink. A Direct Potable Reuse facility would be situated next to, but separate from the SVAWPC, since the SVAWPC provides an essential and permitted function to the South Bay Water Recycling system. The existing infrastructure would be integrated as much as feasible.
JOINT CITY COUNCIL/VALLEY WATER DISTRICT BOARD
November 8 , 2023
Subject: Purified and Recycled Water
Pa ge 3
Based on consultation with our technical experts and discussions with our peer agencies, and due to uncertainty with the Direct Potable Reuse regulations, development of a demonstration facility as part of developing a full-scale facility is needed. Specifically, the draft regulations state in § 64669.50. Chemical Control:
“(2) A Direct Potable Reuse Responsible Agency shall submit a validation study protocol for the ozone/BAC process that complies with this subsection to the State Board for review and written approval prior to conducting the validation study. …The validation study protocol shall include proposed surrogate and/or operational parameters to be used in the validation study. The ozone/BAC process shall be re-validated when the full- scale operating conditions or control strategy are inconsistent with the previous validation study conditions.”
And § 64669.45. Pathogen Control
A validation study report documenting the validation study methodology and results shall be submitted to the State Board as part of the submittal of the engineering report prepared pursuant to section 64669.75… The validation study report shall identify the LRV (log removal value) demonstrated by each treatment process for each pathogen pursuant to subsection (a)(5)(C)(9.), the operating envelope, and the critical limit(s) for each validated treatment process… § 64669.45.(a)(5)(D)
The draft regulations specify a very specific and costly treatment train, however there is some flexibility that would allow alternatives. These alternatives would be allowed with a validation study and could result in a less costly alternative treatment train. A demonstration facility will provide this initial validation and in addition, will take into account the RWF wastewater quality.
Using alternatives could save significant capital and operating costs if not all treatment trains are needed. A demonstration facility will allow the full-scale facility to be designed in the most efficient and effective way and allow for consideration of future advances in technologies that would meet the desired outcome of protecting public health.
In addition, operating a full-scale Direct Potable Reuse facility requires new highly trained certified operators as well as new institutional arrangements and a clear division of the duties and responsibilities of the wastewater and water agencies involved. The demonstration facility would help expedite a full-scale facility and provide the following benefits:
• Operational and performance testing to inform treatment process selection and research; • Regulatory approvals and permitting;
• Public outreach and education;
• Development of needed institutiona l arrangements; and • Training of operations staff and required state certification to run a purification facility.
The proposed demonstration facility will play a crucial role in the assessment and demonstration of treatment technologies to satisfy the new Direct Potable Reuse regulatory requirements. It will
JOINT CITY COUNCIL/VALLEY WATER DISTRICT BOARD
November 8 , 2023
Subject: Purified and Recycled Water
Pa ge 4
also provide the engineering framework for building a full-scale Direct Potable Reuse facility that would safeguard public health and provide drought -proof potable water.
Our peer agencies, Metropolitan Water District and Los Angeles Water and Power are planning direct potable reuse demonstration facilities to ensure the most cost-effective design for future full-scale facilities, operator training, permitting, and public support.
Considerations
Staff from the Cities and Valley Water are addressing all needed elements for a collaborative Direct Potable Reuse project. The technical, environmental, and regulatory considerations are just as critical and complex as the financial and institutional arrangements. The following items need to be addressed:
• Technical Issues:
o Understand wastewater availability and appropriate sizing of a future facility considering the expansion of the non-potable system and the impacts of water conservation on wastewater flows, as well as seasonal changes in flow. A technical analysis is currently being performed to develop this information. o Understand water utilization in the water supply system. A study is currently being performed to develop d elivery connection alternatives. o Wastewater quality considerations including analysis of additional source control needs, if any, while avoiding impacts to businesses and development. o Treatment steps and meeting Direct Potable Reuse regulations requirements. o Development of demonstration facility, including needed additional land. • Financial and Institutional Arrangements:
o Development of a wastewater delivery agreement.
o Development of a lease agreement for additional land that will be needed adjacent to SVAWPC.
o Operations and maintenance arrangements, including data sharing, waste stream discharges including Reverse Osmosis concentrate, and permitting. o Formation of a Direct Potable Reuse Responsible Agency as required by the Direct Potable Reuse regulations.
o Private activity analysis for San José – Santa Clara Regional Wastewater Facility bonds, which may further refine the size of the facility and the delivery method. o San Francisco Public Utilities Commission (SFPUC) collaboration: The Cities performed a feasibility study with SFPUC for a potable reuse project related to the SFPUC Alternative Water Supply Plan.
o Financial arrangements.
• Environmental Impacts
o Analyzing California Environmental Quality Act (CEQA) and, if needed, National Environmental Policy Act (NEPA).
o Understanding energy use and consumption.
o Ensuring Reverse Osmosis Concentrate management in an environmentally responsible manner.
JOINT CITY COUNCIL/VALLEY WATER DISTRICT BOARD
November 8 , 2023
Subject: Purified and Recycled Water
Pa ge 5
• Procurement, Design, Construction and Permitting
o Determination of delivery method (e.g., design bid build, design build, etc.). o Preparation of engineering and validation reports to support permitting. o Design, construction, permitting of demonstration and full-scale facility. • Public Outreach: Ensure public support for potable reuse, via tours of SVAWPC, speakers bureau, multi-lingual outreach, mobile outreach, etc. • Affordability: Ensure grant readiness via preparation of a feasibility study and
CEQA/NEPA
Funding and Timeline
In February 2023, the Cities and Valley Water collaborated on a grant application to the United States Bureau of Reclamation WaterSMART program for financial resources to implement the Letter of Intent. The San José-Santa Clara Purified Water Program Feasibility Study was recently funded with $381,249 from Reclamation for a total pro ject cost of $1,524,996. Preparation of a feasibility study is a prerequisite for obtaining construction grants in the future with Cities and Valley Water committed to work together on its development.
Valley Water staff, in collaboration with the Cities’ staff, is continuing to develop the Direct Potable Reuse project, including updating the costs and developing a Capital Improvement Program project for a 1 million gallon per day Direct Potable Reuse Demonstration Project. At this time, preliminary cost estimates are $42 Million for capital and $2 Million for operation and maintenance. Valley Water staff will work with Cities staff to better refine project needs. The timeline to implement the Direct Potable Reuse demonstration facility is three to five years.
To ensure a full-scale facility is viable, staff from the Cities and Valley Water will begin work on the financial and institutional arrangements. Staff proposes to have a progress report to the Joint Recycled Water Policy Advisory Committee at least annually and fully developed lease and water availability agreements within two years.
To support progress in these areas, the City of San José’s 2023-2024 Adopted Budget allocated a Senior Environmental Program Manager position on an ongoing basis. Twenty percent is funded through General Fund, and the recycled water utility funds the remainder. This position will support efforts in leading the recycled water utility (South Bay Water Recycling) in new water supply focus areas supporting the increased use and availability of recycled water, such as increasing use of recycled water in a manner that supports the RWF in long-term Nutrient Removal Strategies, negotiate and implement contracts and agreements with local stakeholders, and lead implementation of studies or pilots to mitigate contaminants of emerging concern . The
position will also lead South Bay Water Recycling in water utility-focused initiatives, including all current and anticipated aspects of administration, regulatory compliance, and adherence to state-approved rules and regulations; public safety; contract and agreement negotiations; development and implementation of operating and capital budgets; and to represent the recycled water utility with local partners and stakeholders.
JOINT CITY COUNCIL/VALLEY WATER DISTRICT BOARD
November 8 , 2023
Subject: Purified and Recycled Water
Pa ge 6
In addition to the 0.20 FTE available to support water supply projects, per a 2022 Master Agreement between Valley Water and the City of San José, Valley Water provided $100,000 to fund City of San José staff costs in supporting Valley Water’s Purified Water Program.
Next Steps and Discussion Points
Staff seeks the following guidance from the Valley Water Board and City of San José City Council to ensure development of win-win solutions that meet the Cities’ and Valley Water’s needs:
• Confirm support for aggressively pursuing a joint project to meet local water supply needs, including both a demonstration and full-scale potable reuse project that is the largest size practicable within funding, environmental, and technical constraints. • Confirm support for development of the feasibility study, demonstrat ion facility and institutional arrangements, including lease and wastewater availability agreements, within two years.
• Confirm support for a coordinated public outreach program to ensure the success of a Direct Potable Reuse project.
• Provide updates twice a year or as needed to Joint Recycled Water Policy Advisory Committee.
COORDINATION
This memorandum has been coordinated with the City Attorney’s Office and the City Manager’s Budget Office.
/s/
KERRIE ROMANOW
Director, Environmental Services
For questions, please contact Jeff Provenzano, Deputy Director, at (408) 277-3671.
TO: JOINT CITY COUNCIL/VALLEY FROM: Omar Passons
WATER DISTRICT BOARD Angel Rios, Jr.
SUBJECT: OVERALL COORDINATION ON DATE: November 8, 2023
UNHOUSED ISSUES
Approved Da te
11/13/2023
RECOMMENDATION
Santa Clara Valley Water District (Valley Water) Board and the City of San José (City) Mayor and City Council receive an update and provide feedback on the overall coordination between the City and Valley Water on unhoused issues.
BACKGROUND
The 2023 Point-in-Time Homeless Census found a total of 4,386 persons experiencing unsheltered homelessness in San José as of January 24-25, 2023. This represented an 11% decrease from 2022. Valley Water estimates that approximately 2,300 unsheltered individuals across Santa Clara County have taken refuge on the agency’s property and easements—more than 30% of the estimated 7,427 unsheltered population countywide . Valley Water owns and manages approximately 73.3 miles of streams and riparian and aquatic habitat throughout San José. Encampments along the waterways contribute largely to local pollution and the degradation of water quality and habitat in streams. These areas include threatened and endangered species, sensitive habitats, and public infrastructure critical to water supply, groundwater recharge, and flood risk reduction activities.
ANALYSIS
I. Specific Actions
A. Assembly Bill 1469 (Kalra) Valley Water Assisting Unsheltered People
Assembly Bill (AB) 1469 Valley Water Assisting Unsheltered People, authored by Assemblymember Ash Kalra (D – San José), was signed by Governor Newsom on October 10, 2023, and will take effect on January 1, 2024. In sponsoring AB 1469, Valley Water took proactive steps to gain the authority to use certain resources to assist unsheltered individuals living on public lands and along waterways in Santa Clara County. The City of San José supported Valley Water in this effort every step of the way.
JOINT CITY COUNCIL/VALLEY WATER AGENDA: 11/17/23
ITEM: 8
JOINT CITY COUNCIL/VALLEY WATER BOARD
November 8, 2023
Subject: Overall Coordination on Unhoused Issues
Pa ge 2
The City of San José’s Intergovernmental Relations team submitted three letters of support for this legislation, including a letter to Governor Newsom urging his signature.
AB 1469 amends the District Act to authorize Valley Water to assist unsheltered individuals living along streams, in riparian corridors, or otherwise in the district’s jurisdiction, in consultation with a city or the County of Santa Clara, to provide solut ions or improve outcomes for the unsheltered individuals. Specifically, the bill will allow Valley Water more flexibility to use district land and a part of an existing 1% ad valorem property tax for lasting encampment solutions. The intent is to work with local cities or the County to construct low -barrier navigation centers, supportive housing, transitional housing, affordable housing, or other facilities to assist unsheltered people. These facilities would be operated by a city, the County, or a non- profit with the appropriate expertise to provide shelter and services that can improve outcomes for unsheltered people.
AB 1469 will help Valley Water comply with federal case law that requires a legitimate offer of shelter before relocating an unsheltered individual from public land. In 2019, the U.S. Court of Appeals for the Ninth Circuit held that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.” The United States Supreme Court declined to review the Ninth Circuit’s decision, leaving it in effect in the western states covered by the Ninth Circuit, including California. This decision has been interpreted by some jurisdictions to mean a de facto requirement to offer shelter before unsheltered people may be relocated from public lands, with very limited life safety exceptions.
B. Collaboration on Cherry Avenue Emergency Interim Housing Site
The City of San José and Valley Water are in active negotiations for the City to construct nearly 100 Emergency Interim Housing (EIH) units along a portion of the Guadalupe River adjacent to Cherry Avenue. The project has been approved by both bodies, the site has been surveyed, and efforts are ongoing to develop a collaborative agreement to move forward toward construction.
Valley Water’s interest in having the City develop EIH on its property is to facilitate the safe relocation of encampments of unsheltered individuals living in this reach of the Guadalupe River into an EIH community, thereby enabling protection of the waterway from encampment generated environmental impacts. Through a collaborative effort, City and Valley Water staff developed the con cept of creating a Water Resources Protection Zone along Guadalupe River from Blossom Hill Road in the south to Branham Lane in the north. After the safe relocation of unsheltered individuals currently living in encampments into the EIH community, this reach of the waterway would be designated as a Water Resources Protection Zone, thus becoming and remaining a no camping zone.
Joint City and Valley Water efforts would aim to protect this reach by ensuring that it remains clear of encampments in the future.
JOINT CITY COUNCIL/VALLEY WATER BOARD
November 8, 2023
Subject: Overall Coordination on Unhoused Issues
Pa ge 3
C. Coyote Creek Flood Protection Project: Working Together for Alternatives
In 2020, the Federal Energy Regulatory Commission issued a directive to Valley Water to drain Anderson Dam to dead pool and commence a retrofit project to ensure seismic safety. A component of the Anderson Dam Seismic Retrofit Project includes constructing a bypass tunnel that may increase the possibility of flooding in downstream Coyote Creek areas during construction. To reduce the downstream flood risk, Valley Water will construct substantial flood improvements prior to the opening of the bypass tunnel. The Coyote Creek Flood Protection Project (Project) consists of two phases and is an important component of the overall Anderson Dam Seismic Retrofit Project. The Anderson Dam Seismic Retrofit Project cannot proceed without the bypass tunnel in place, and the bypass tunnel cannot open until the flood improvements are complete. The Project is a critical public health and safety project that will provide protections designed to prevent a recurrence of the catastrophic flooding from 2017.
To facilitate the Project, Valley Water and the City have partnered to enter into a cost - sharing agreement to safely relocate unsheltered individuals who were residing within the project construction footprint. Through this agreement, the City provides the direct and necessary outreach services and connections to available shelter or temporary housing alternatives that are needed to safely relocate people and prevent re-encampment in the active work zone. This agreement represents a tremendous example of collaborative work between the City and Valley Water to address the safety needs of unsheltered individuals while simultaneously providing necessary flood risk reduction along the waterway. The following are the most up-to-date outcomes based on the City’s data through October 2023:
• 200 people in the project zone as of May 1, 2023
• 37 of the total people above declined to engage in any communication • 163 people were provided services since inception
• 42 people were placed into City EIH
• 28 people exited the project zone to other non-EIH destinations
II. City and Valley Water Criteria for Encampment Abatement
A. Understanding Abatement
As the efforts above demonstrate, the City of San José and Valley Water continue to expand efforts to provide temporary and permanent housing as often as resources allow.
Abatement is a last resort associated with specific reasons that both organizations have laid out in policies adopted by each. It is useful to understand the circumstances under which each organization may abate (or “clear”) an encampment. Of note, the Ci ty recently enacted a shelter crisis declaration and declared homelessness a local emergency.
One of the impacts of these actions is the ability to accelerate establishing shelter and safe outdoor sleeping locations that could significantly reduce the need for abatements by
JOINT CITY COUNCIL/VALLEY WATER BOARD
November 8, 2023
Subject: Overall Coordination on Unhoused Issues
Pa ge 4
giving people experiencing homelessness more places that they are allowed to be while more housing resources are added.
B. Valley Water Reasons for Abatement and Risk Assessment Tool
Valley Water staff normally coordinates planned activities with City representatives based on the encampment reports collected through Valley Water's Access Valley Water online submittal system and City of San José’s Beautify San Jose online intake form.
When performing work critical to its core mission, Valley Water will safely relocate encampments on Valley Water property, including Valley Water right of way, through coordinated efforts with other public agencies if the following criteria are met:
(a) The encampment is in the path of, interfe res with, or obstructs access to:
(i) flood protection/water infrastructure facilities or projects, or (ii) maintenance projects, facilities, or maintenance access roads, or (iii) designated mitigation or vegetation management sites.
(b) The encampment poses an immediate safety risk. An immediate safety risk is one that involves the safety of Valley Water staff. Safe relocation of encampments may also be conducted in response to public safety issues as determined by local jurisdictions such as a city, the County, or local police or fire departments. In the case of a public safety issue, Valley Water will assist local jurisdictions in addressing encampments on property where Valley Water holds land rights.
Additionally, Valley Water has developed a Water Resources Encampment Risk Assessment (Risk Assessment) to assist staff in determining how to prioritize encampments for abatement. The Risk Assessment is a transparent way to document risks that an encampment may pose to Valley Water facilities. This assists staff in protecting natural resources and water quality, as well as the health and safety of employees and others who use Valley Water land, facilities, and waterways, while considering the risks of fuel loading, wildfire vulnerability, and riparian habitat conversion.
Valley Water uses the Risk Assessment to assess various risk factors associated with the location of encampments, safety issues, environmental factors, and adjacent facilities to determine if safe relocation is necessary. However, if cities and law enforcement do not support relocation, Valley Water cannot conduct these activities on its own because the District Act does not provide Valley Water with police powers.
Valley Water and the City of San José have had preliminary discussions about how best to align their respective risk assessments to maximize consistency. Valley Water has a compelling interest in protecting its land, facilities, and waterways from damage and environmental hazards, particularly in areas that are not open to the public. This interest becomes even more critical when Valley Water has undertaken habitat enhancement
JOINT CITY COUNCIL/VALLEY WATER BOARD
November 8, 2023
Subject: Overall Coordination on Unhoused Issues
Pa ge 5
efforts upon the land and must maintain those enhancements to comply with regulatory agency requirements.
While performing cleanup activities, Valley Water’s Encampment Cleanup Team educates unsheltered individuals on being “Good Neighbors.” This can include information on bagging their trash, confining and organizing their encampment footprint, and storing personal items within their encampment structure. Valley Water aims to minimize abating encampments; however, encampments that rate high or extreme on the Risk Assessment may be subject to abatement because of the presence of increased risk factors.
C. City of San José Reasons for Abatement
The City Council adopted an Encampment Management Strategy because there are currently not enough resources to house/shelter the more than 4,400 people who experience homelessness on San José streets or in vehicles on any given night. The memorandum regarding that Encampment Management policy was adopted by the City Council on April 29, 2022 (Item 7.1).
The current City Setback Guidelines define areas that will be abated.
Locations and Conditions:
• School Buffer Zone
o Definition: Tents, built structures, or other belongings that are erected or stored within 150’ of an elementary, middle, or high school property
• Blocking Public Right-of-Way
o Definition: Sidewalks; streets; trails; medians; permitted events at City facilities; City facility (park restroom, playground, community center, library, fire station, etc.)
• Health and Safety Conditions
o Definition: Fire danger; vehicle or pedestrian danger; unauthorized access to electrical; potential for drowning if flooding occurs; significant reoccurring or unresolved unsanitary conditions; severe vector control issue; adjacent to residential fencing/wall • Obstruction to Critical Infrastructure
o Definition: Infrastructure degradation; public operations and maintenance; construction project (on land or waterways); hospital and trauma centers
JOINT CITY COUNCIL/VALLEY WATER BOARD
November 8, 2023
Subject: Overall Coordination on Unhoused Issues
Pa ge 6
Actions During Abatement Activities
The City’s current practice with regard to abatements provides for advanced notice for all non-emergency abatements on City property and includes outreach or notification for the purpose of connecting people to housing and services as these are available. In addition, the City’s current practice suspends abatement activities when the weather forecast indicates the temperature will exceed 88 degrees, if there is heavy rain, or if air quality is poor because of smoke from nearby wildfires.
Except in cases of emergency abatement, per the Encampment Management Policy, the City posts a 72-hour notice of abatement at the encampment site to give a person the opportunity to relocate. After that time, an abatement may happen, typically any time between four days and two weeks, depending on the number of pending actions, inclement weather, or other factors.
Moving forward, the City will continue to follow its existing setback guidelines for locations where people are not permitted to establish encampments. It will also continue the 12x12 Good Neighbor Policy established to manage encampments and maintain cleanliness as much as possible while alternative solutions are found. Further refinements to these policies may be made as needed, in coordination with appropriate Department staff, by the Administration or through Council direction and communicated publicly.
III. Looking Ahead
The City of San José and Valley Water will continue to collaborate on the Cherry Avenue EIH site, the remaining sections of the Coyote Creek Flood Protection Project, as well as seeking further ways to serve and support unsheltered residents while protecting the region’s natural resources.
COORDINATION
This memorandum has been coordinated wit h Valley Water and the City Manager’s Office of Administration, Policy, and Intergovernmental Relations.
/s/ /s/
ANGEL RIOS , Jr.
OMAR PASSONS
Deputy City Manager Deputy City Manager
For questions, please contact Omar Passons, Deputy City Manager, at [email protected] or (408) 535-8104.