BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Approve and Authorize the Interim Chief Executive Officer to Execute the Master Joint Use Agreement No. A5534X with the City of Gilroy (Gilroy, District 1).
End
RECOMMENDATION: Recommendation
A. Approve and authorize the Chief Executive Officer to execute Master Joint Use Agreement No. A5534X with the City of Gilroy; and
B. Delegate authority to the Chief Executive Officer to approve future renewals and amendments to Master Joint Use Agreement No. A5534X with the City of Gilroy.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) has numerous individual Joint Use Agreements (JUAs) with the City of Gilroy (City) that authorize public access trails and other recreational improvements on Valley Water land. In order to standardize, consolidate, and streamline the administration of JUAs, Valley Water and the City have negotiated a Master Joint Use Agreement (Master JUA). This Master JUA will allow for the public recreational use of Valley Water property for 25-years with options for additional 25-year term renewals, subject to CEO approval. The Master JUA may also be amended to establish future trail segments with CEO approval.
Standard provisions incorporated into the Master JUA which describe rights and responsibilities, maintenance requirements, public management protocols, and other factors, generally apply uniformly across all trail segments. In addition to the establishment of standardized provisions, individual trail segments are delineated with any necessary specific provisions as individual exhibits. Exhibits to the Master JUA include a description of the individual trail segment, any special requirements associated with that trail segment, and a site map that depicts the portion of Valley Water land (i.e.: the premises) that is incorporated into the Master JUA and subject to its provisions.
All future amendments of the Master JUA will conform to Valley Water’s Trail Policy Criteria and Guidance, approved by the Board on August 14, 2018, which will ensure that all such updates are compatible with Valley Water’s water supply, flood protection, and stream stewardship operations within the portions of Valley Water land incorporated in the Master JUA. Amendments will be executed to accommodate circumstances including expansion of trail sections, the proposed installation of recreational improvements not included in the current scope of the Master JUA, changes to maintenance responsibilities or other protocols, and renewals to extend the Master JUA term. The City will have the right to install additional physical improvements within the Master JUA premises, provided that any such improvements are first approved by issuance of a Valley Water Encroachment Permit. This permitting process will ensure strict conformance with Valley Water’s Water Resources Protection Ordinance and all other applicable laws and regulations. Any new trail sections incorporated into the Master JUA will be communicated to the Board via the Non-Agenda process.
The Master JUA supersedes and incorporates the trail sections and other improvements within the following existing JUAs with the City:
• A3226M - West Branch Llagas Creek - Camino Arroyo Bridge.
• A3287RE - Lions Creek - Pedestrian Bridge at Tapestry Drive and Cougar Court.
• A3415M - Lions Creek, West Branch Llagas Creek, and Upper Miller Slough.
• A4348X - South Morey Channel - Pedestrian Bridge at Avezan Way and Gascony Court.
• A2923S - Uvas-Carnadero Creek Levee Top Trail.
The Master JUA also incorporates a new segment of paved multi-use trail along Lions Creek, over an existing dirt trail (westerly portion) and crushed rock trail (easterly portion). This new paved trail will connect Christopher High School at Tapestry Drive to the existing end of the paved trail at Kern Avenue.
The Master JUA includes provisions clarifying the City's responsibility for the ongoing operation and maintenance of all trail segments and other recreational improvements while also ensuring Valley Water's unrestricted rights to operate and maintain its property and conduct any necessary flood protection, water resource management, and stream stewardship activities.
Key provisions of the Master JUA include:
§ The Master JUA will not in any way interfere with the absolute, free, and unrestricted right of Valley Water to operate and maintain its property for flood protection, water resource management, and stream stewardship purposes.
§ City will have the right to build additional improvements on the premises necessary or convenient to the enjoyment of the Master JUA, provided that any such improvement is first approved by Valley Water by issuance of a Valley Water Permit.
§ City has sole responsibility for:
o the construction, operation, maintenance, and repair of all City improvements;
o maintenance and operation of all City improvements in usable and safe condition; and
o the duty, cost, and expense of providing any security; police; preparation of traffic and pedestrian detour plans; public notifications for trail closures, detours, or other expenditures necessary to temporarily prohibit or control public access to the property.
§ If Valley Water requires that any City improvement be removed or relocated for any Valley Water purpose, City will do so at its own expense after receiving written notice from Valley Water.
§ Either party may terminate the Master JUA after providing the other party with at least 90 days prior written notice.
§ Indemnification of Valley Water by the City resulting from public use of the property.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts associated with this item.
FINANCIAL IMPACT:
Public recreation on the subject properties will not significantly hinder normal Valley Water activities and are compatible with Valley Water's use of the properties. The Master JUA allocates to the City responsibility for all costs associated with the public recreational use including trail surface maintenance, vegetation management, and trash and graffiti removal. Valley Water will continue its normal maintenance activities consistent with its management of comparable facilities.
CEQA:
This project is exempt under CEQA Guidelines Section 15301 which exempts operation, repair, maintenance, and minor alteration of existing public facilities involving negligible or no expansion beyond existing use. Future amendments to the Master JUA will be subject to subsequent CEQA analysis.
ATTACHMENTS:
Attachment A: Gov. Code 84308
Attachment 1: Master Joint Use Agreement No. A5534X
UNCLASSIFIED MANAGER: Manager
Lisa Bankosh, 408-630-2618