BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Approve Agreement No. A5283X with Google, LLC. for the West Channel Enhancement Project Completion and Google Conveyance and Santa Clara Valley Water District Acceptance of the Specified Project Improvements for a Portion of Santa Clara Valley Water District’s Sunnyvale East and Sunnyvale West Channels Flood Protection Project, Project No. 26074002 (Sunnyvale, District 3).
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RECOMMENDATION: Recommendation
Approve Agreement No. A5283X with Google, LLC. for the West Channel Enhancement Project Completion and Google Conveyance and Santa Clara Valley Water District Acceptance of the Specified Project Improvements for a portion of Santa Clara Valley Water District’s Sunnyvale East and Sunnyvale West Channels Flood Protection Project, Project No. 26074002.
Body
SUMMARY:
On February 22, 2022, the Board approved a Construction and Maintenance Agreement (Agreement No. A4678S) for the West Channel Enhancement Project with Google LLC (Attachment 1). The West Channel Enhancement Project construction is now complete and has been inspected to the satisfaction of Santa Clara Valley Water District (Valley Water). The proposed Agreement between Valley Water and Google LLC (Google) for the West Channel Enhancement Project Completion and Google Conveyance and Valley Water Acceptance of the Specified Project Improvements (Acceptance Agreement) (Attachment 2), once approved and executed by the Board, satisfies Valley Water’s “Acceptance” of those Specified Project Improvements as defined in Section 2.5.1 of the Construction and Maintenance Agreement for the West Channel Enhancement Project between Google and Valley Water, minus the mitigation plantings. As defined in the Acceptance Agreement, the Specified Project Improvements that are the subject of the Acceptance Agreement include the levee, floodwall, and channel. The mitigation plantings were purposefully omitted from this definition, given Google is responsible for ensuring they meet final success criteria identified in the Project’s Restoration and Monitoring Plan (RMP). Once the plantings meet final success criteria, they will be automatically conveyed from Google to Valley Water. This conveyance will not necessitate another Acceptance Agreement. Valley Water’s approval of the Acceptance Agreement formalizes Google’s dedication, conveyance, and transfer of Specified Project Improvements (levee, floodwall and channel) to Valley Water.
Background
The Sunnyvale East and West Channels Flood Protection Project (E2) (Project E2) was included in the voter-approved 2012 Safe, Clean Water and Natural Flood Protection Program (Safe, Clean Water Program) and again in 2020 in the voter-approved renewed Safe, Clean Water Program as Project E2 under the flood protection priority. The Project E2 was approved by the Board of Directors in 2014 and will improve conveyance capacity of two existing storm drain channels to protect against the 100-yr flood event. The Sunnyvale West Channel bisects the Google Caribbean campus site. In 2018, Valley Water entered into a Memorandum of Understanding with Google to share costs associated with integrating flood conveyance improvements on the West Channel with Google’s campus development project. This integrated project is referred to as the West Channel Enhancement Project.
The West Channel Enhancement Project provides 100-year flood protection and restores and enhances areas of tidal aquatic, estuarine wetland and riparian habitats on Valley Water property, at a cost of $2,600,000 to Valley Water. This Cost-Share Portion, as defined in the executed Construction and Maintenance Agreement represents significant savings of public funds, both due to efficiencies of combining the Google and Valley Water projects, and in the generation of mitigation credit for Valley Water, as described in detail below. Specifically, the project includes the following elements:
● excavating approximately 1,300 feet of the existing channel to meet new design grades, and grading a new low-flow channel and floodplains;
● building set-back levees;
● constructing short sections of floodwalls at the downstream and upstream extents of the project reach to conform to the Valley Water floodwall design elevations;
● constructing two new bridge crossings over the West Channel to facilitate campus pedestrian circulation;
● constructing two new public access trail segments on either side of the West Channel, which will be paved and accessible for Valley Water maintenance vehicles;
● extending the box culvert with new headwall/floodwall to accommodate a multi-use pathway along West Caribbean Drive (as required by the City of Sunnyvale) and conform to the new floodwalls; and
● installing mitigation plantings with approximately 2.35 acres of excess mitigation to be provided to Valley Water for its use.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no environmental justice and equity impacts associated with the West Channel Enhancement Project Completion and Google Conveyance and Santa Clara Valley Water District Acceptance of the Specified Project Improvements for a Portion of Santa Clara Valley Water District’s Sunnyvale East and Sunnyvale West Channels Flood Protection Project. This action is unlikely to or will not result in adverse impacts and is not associated with an equity opportunity.
FINANCIAL IMPACT:
The Sunnyvale East and West Channels Flood Protection Project (Project E2), Project No. 26074002 is included in the Capital Improvement Program (CIP) Fiscal Years (FY) 2025-2029 Five-Year Plan and in the FY 2024-25 Adopted Budget. Valley Water has agreed to reimburse Google, LLC. in the amount of $2,600,000 to fund construction of Valley Water’s improvements through the West Channel Enhancement Project. There are adequate funds in the Project E2’s FY 2024-25 Adopted Budget to reimburse Google for $2,600,000. The Project is funded through the renewed Safe, Clean Water and Natural Flood Protection Fund (Fund 26).
CEQA:
On September 9, 2014, Valley Water’s Board of Directors certified the Final Environmental Impact Report (SCH No. 2013012041) and approved the Sunnyvale East and West Channels Flood Protection Project as lead agency pursuant to CEQA. Valley Water prepared the First Addendum to the Sunnyvale Flood Protection Project EIR, which describes design changes to the previously approved Sunnyvale Flood Protection Project, including design changes to be implemented by the West Channel Enhancement Project, and analyzes the environmental effects that could result from the project changes. The West Channel Enhancement Project has been constructed in a manner consistent with the Project’s description in the First Addendum. Valley Water previously complied with CEQA by preparing an Addendum, consistent with CEQA Guidelines §15164(a), and ensured that the Board of Directors considered the Final EIR and First Addendum prior to approving the West Channel Enhancement Project on February 22, 2022, consistent with CEQA Guidelines §15164(c-d). As such, no further action is required to comply with CEQA prior to Valley Water’s approval of the Acceptance Agreement.
ATTACHMENTS:
Attachment A: Gov. Code 84308
Attachment 1: Construction and Maintenance Agreement
Attachment 2: Acceptance Agreement
UNCLASSIFIED MANAGER: Manager
Lisa Bankosh, 408-630-2618