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 Amendment No. 1 to Joint Use Agreement No. A4201M with the City of Morgan Hill for West Little Llagas Creek Between Monterey Road and Ciolino Avenue (Morgan Hill, District 1).
End
RECOMMENDATION: Recommendation
A. Approve and authorize the Interim Chief Executive Officer to execute Amendment No. 1 to Joint Use Agreement No. A4201M, with the City of Morgan Hill for West Little Llagas Creek between Monterey Road and Ciolino Avenue; and
B. Delegate authority to the Interim Chief Executive Officer to approve future amendments to Joint Use Agreement No. A4201M with the City of Morgan Hill for West Little Llagas Creek between Monterey Road and Ciolino Avenue.
Body
SUMMARY:
On September 28, 2018, the City of Morgan Hill (City) and the Santa Clara Valley Water District (Valley Water) entered into a 25-year term agreement (A4201M) titled "Joint Use Agreement between City of Morgan Hill and Santa Clara Valley Water District for West Little Llagas Creek between Monterey Road and Ciolino Avenue" (JUA). The JUA, in part, authorizes the City of Morgan Hill to use Valley Water-owned property, more specifically approximately 2.5 miles of West Little Llagas Creek and the West Little Llagas Creek Bypass from Ciolino Avenue extending south to Lake Silveira, as a public access trail. The JUA defines the maintenance requirements, public management protocols, and other factors associated with this public recreational access (Attachment 2).
The City and Valley Water desire to update certain provisions of the JUA to address City proposed tree plantings along the trail and maintenance responsibilities on Valley Water property. Accordingly, Section 1 of the JUA (Scope of License Grant to City) is amended (Attachment 1) to include the planting and maintenance of trees and incorporates Exhibit B to define tree planting and maintenance requirements.
Key provisions of the Amendment include:
§ City must obtain approval by issuance of a Valley Water permit for the planting of any trees on Valley Water property, including but not limited to the location and species before the initial tree planting and for any future replacement plantings.
§ Any trees planted by City are considered City Improvements as defined in the Agreement.
§ City is responsible for the installation and maintenance of all Valley Water approved trees.
All future amendments of the 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 Upper Llagas Creek Flood Protection Project Area. JUA amendments may be executed to accommodate circumstances including expansion of trail sections within the premises, the proposed installation of recreational improvements not included in the current scope of the JUA, changes to maintenance responsibilities or other protocols, and renewals to extend the JUA term. Per the current terms of the JUA, the City will have the right to install additional physical improvements within the 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 JUAs negotiated with the City will be brought before the Board for consideration and approval.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts associated with this item.
FINANCIAL IMPACT:
Continued public recreation on the subject property, and the potential planting of trees on the premises, are not anticipated to impact Valley Water activities and are compatible with Valley Water's current use of the property. The JUA allocates responsibility to the City for all costs associated with the public recreational use including trail surface maintenance, vegetation management, litter and graffiti removal. Valley Water will continue its normal maintenance activities consistent with its management of comparable facilities.
CEQA:
On June 10, 2014, the Board certified the Environmental Impact Report (EIR) for the Upper Llagas Flood Protection Project, Resolution No. 14-67. The JUA was entered into in September 2018 with a finding that the JUA was analyzed by, and was consistent with, the EIR for the Upper Llagas Creek Project. Tree planting and maintenance activities along West Little Llagas Creek within the area covered by the JUA are consistent with the actions and activities described in the EIR, which includes discussion of revegetation of project areas after construction. CEQA compliance for future amendments and renewals of the JUA will be considered by the CEO prior to execution.
ATTACHMENTS:
Attachment A: Gov. Code 84308
Attachment 1: Amendment No. 1
Attachment 2: Agreement No. A4201M
UNCLASSIFIED MANAGER: Manager
Lisa Bankosh, 408-630-2618