BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Approve Agreement No. A5406X for Moffett Park Green Link Bordeaux-Borregas Bridge Project Completion - Google Conveyance and Santa Clara Valley Water District Acceptance of Santa Clara Valley Water District Floodwalls - Santa Clara Valley Water District’s Sunnyvale East and Sunnyvale West Channels Flood Protection Project, Project No. 26074002 (Sunnyvale, District 3).
End
RECOMMENDATION: Recommendation
Approve Agreement No. A5406X for Moffett Park Green Link Bordeaux-Borregas Bridge Project Completion and Google Conveyance and Santa Clara Valley Water District Acceptance of the Santa Clara Valley Water District Floodwalls - part of Santa Clara Valley Water District’s Sunnyvale East and Sunnyvale West Channels Flood Protection Project, Project No. 26074002.
Body
SUMMARY:
On August 8, 2023, the Board approved a Construction and Maintenance Agreement with Google LLC (Google) (Construction Agreement, Agreement No. A4862S) for the Moffett Park Green Link Bordeaux-Borregas Bridge Project (Attachment 1). This bridge construction project construction is now complete and has been inspected to the satisfaction of Santa Clara Valley Water District (Valley Water).
This proposed “Acceptance Agreement” (Agreement No. A5406X for Moffett Park Green Link Bordeaux-Borregas Bridge Project Completion and Google Conveyance and Valley Water Acceptance of the Valley Water Floodwalls, Attachment 2) between Valley Water and Google, once approved and executed by the Board, satisfies Valley Water’s “Acceptance” of the Valley Water Floodwalls as defined in Section 4.5.1 of the Construction Agreement for this project. The Valley Water Floodwalls that are the subject of the Acceptance Agreement include the floodwalls that extend from the Bridge Abutments and Wingwalls, as defined in the Construction Agreement. Valley Water’s approval of the Acceptance Agreement formalizes Google’s dedication, conveyance, and transfer of the Valley Water Floodwalls to Valley Water.
Background
The Sunnyvale East and West Channels Flood Protection Project (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. A portion of Project E2 is located adjacent to and immediately east of 1212 Bordeaux Drive, and adjacent to and immediately west of 1265 Borregas Avenue in the City of Sunnyvale (City). Google is the owner of both properties and holds an easement right to install and maintain structures to cross over and/or under Sunnyvale West Channel, provided such crossings will be constructed in a manner that minimizes interference with the maintenance of Valley Water facilities, i.e., such facilities will not be obstructed or endangered by any such crossings.
This bridge is part of the Green Link, Google’s proposed public bicycle and pedestrian network that includes designated bike lanes, sidewalk and infrastructure improvements, and roadway changes that improve safety and create new opportunities for people to circulate within the City’s Moffett Park Specific Plan Area. To accommodate the pedestrian bridge, the Project E2 design was modified, and Google constructed approximately 450 linear feet of floodwall on the west side of the channel and approximately 214 linear feet of floodwall on the east side of the channel. These floodwalls, referred to as the Valley Water Floodwalls, provide the same level of flood protection as the approved Project E2. The Construction and Maintenance Agreement provides for Google to receive Valley Water funds in the amount of $1,590,608 to construct the Valley Water Floodwalls.
Notably, in the event that, at some time in the future, Google sells one or both of the parcels adjacent to this bridge to an independent entity other than the City of Sunnyvale without Valley Water’s consent, Valley Water has the right to require that Google remove this bridge and construct “infill” flood walls, ensuring that Valley Water is not left in a situation where adjoining property owners can deny ownership of the bridge and treat Valley Water as its owner, with full liability and maintenance obligations.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no environmental justice and equity impacts associated with the Moffett Park Green Link Bordeaux-Borregas Bridge Project Completion and Google Conveyance and Valley Water Acceptance of the Valley Water Floodwalls for a Portion of Valley Water’s Project E2. 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 Sunnyvale West Channels Flood Protection Project (E2) Project, 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 $1,590,608 to fund construction of Valley Water’s improvements through the Moffett Park Green Link Bordeaux-Borregas Bridge Project. There are adequate funds in Project’s FY 2024-25 Adopted Budget to reimburse Google for $1,590,608. 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 (FEIR) (SCH No. 2013012041) and approved the Sunnyvale East and West Channels Flood Protection Project (Flood Protection Project) as lead agency pursuant to CEQA. Valley Water prepared the First Addendum to the FEIR, which analyzed changes to Flood Protection Project including the West Channel Enhancement Project implemented by Google. The City of Sunnyvale prepared a Second Addendum to the FEIR which analyzed changes including the Moffett Park Green Link Bordeaux-Borregas Bridge Project. The Board of Directors considered the First Addendum prior to approval of the Construction and Maintenance Agreement for the West Channel Enhancement Project on February 22, 2022; and the Second Addendum as part of the Construction and Maintenance Agreement for the Bridge Project on August 8, 2023.
The Moffett Park Green Link Bordeaux-Borregas Bridge Project has been constructed in a manner consistent with the project description in the FEIR and Addenda. Valley Water previously complied with CEQA by certification of the Final EIR and consideration of the Addenda, consistent with CEQA Guidelines §15090 and §15164(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 Section 84308
Attachment 1: Construction Agreement
Attachment 2: Acceptance Agreement
UNCLASSIFIED MANAGER: Manager
Lisa Bankosh, 408-630-2618