BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Adopt a Resolution Adopting the Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Approve the Tularcitos Creek Downstream North Hillview Drive Levee Repair Project, Under the Watersheds Operations and Maintenance Division, Project No. 62761028.
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RECOMMENDATION: Recommendation
A. Consider the environmental effects of the Tularcitos Creek Downstream North Hillview Drive Levee Repair Project as discussed in the Final Initial Study/Mitigated Negative Declaration;
B. Adopt the Resolution ADOPTING THE FINAL INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TULARCITOS CREEK DOWNSTREAM NORTH HILLVIEW DRIVE LEVEE REPAIR PROJECT; and
C. Approve the Project.
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SUMMARY:
Background and Project Description
Santa Clara Valley Water District (Valley Water) is responsible for operations and maintenance of Tularcitos Creek, a tributary within the Lower Penitencia Creek watershed, which ultimately drains to Coyote Creek and San Francisco Bay. The Project would involve reconstruction of a non-accredited levee that has eroded due to rodent activity along the west bank of Tularcitos Creek in the City of Milpitas.
Stream maintenance activities, such as vegetation management and bank stabilization, are programmatically covered throughout Valley Water jurisdiction and implemented under Valley Water’s Stream Maintenance Program (SMP) However, because the total length of levee repair (approximately 2,932 LF) exceeds the 500-LF bank stabilization threshold under the SMP and its associated Final Subsequent EIR, the Project does not qualify for programmatic coverage under the SMP.
The Project would repair approximately 2,932 LF of the existing levee using SMP-3 Method 1A, which involves installation of a buried rock structure (rock buttress) to protect against erosion scour, stabilize the channel embankment, and provide a stable foundation for the repair, The total area of temporary disturbance would be approximately 2.7 acres.
Specific Project objectives include:
• Address ongoing erosion due to rodent activity;
• Restoration of levee to proper design elevation would support potential Federal Emergency Management Agency remapping of the surrounding area to Zone X (minimal to moderate flood risk), thereby improving flood protection for adjacent residential and public properties through inclusion in National Flood Insurance Program;
• Prevent potential damage to adjacent properties;
• Reduce the need for on-going maintenance; and
• Continue to provide adequate flood protection.
Environmental Review
Pursuant to the California Environmental Quality Act (CEQA), Valley Water, acting as the lead agency for the Project, prepared a Final Initial Study (IS) and Mitigated Negative Declaration (MND), which is included as Attachment 1 for the Board’s consideration prior to approving the Project. The Draft IS/MND was circulated for public review from August 10, 2026, to September 9, 2026. Valley Water did not receive any comments.
Summary of Environmental Impacts
As discussed in the Final IS/MND, the Project as proposed would result in less than significant impact or no impact in all resource areas except air quality, cultural resources, tribal cultural resources, and noise. The latter resource sections would all have less than significant impacts with the incorporation of mitigation to the Project.
Potentially significant impacts from air quality described in the Final IS/MND include construction-related emissions. Mitigation Measures MM-AQ-1 (Additional Air District Dust Control Measures) and MM-AQ-2 (Construction Exhaust Emissions Reduction Measures) would reduce potential impacts to a less than significant level by requiring implementation of the additional BMPs consistent with Air District CEQA Air Quality Guidelines and source-level controls that substantially reduce diesel particulate matter emissions.
During Assembly Bill 52 consultation for the Project, the Muwekma Ohlone Tribe of the San Francisco Bay Area requested tribal cultural monitoring of all ground-disturbing activities. Tamien Nation and the Muwekma Ohlone Tribe of the San Francisco Bay Area requested worker cultural sensitivity training. Mitigation Measure MM CUL-1 (Archaeological and Tribal Cultural Resources Monitoring) and Mitigation Measure MM CUL-2 (Worker Cultural Sensitivity Training) have been incorporated into the Project in response to these requests and to address the potential for encountering buried archaeological resources in native soils below channel invert.
Potentially significant impacts from noise described in the Final IS/MND are limited to temporary increase in noise levels from construction, specifically from generators that may be used during nighttime hours. Mitigation Measure MM-NOI-1 (Nighttime Generator Noise Reduction) would require generators to be operated on the east bank of the Project site, thereby maximizing the distance between the noise source and the nearest residences and increasing attenuation of sound over distance and would also require installation of four-sided noise barriers or sound blankets around the generators to provide localized noise shielding by blocking the direct line of sight between the generators and receptors and absorbing sound energy.
The mitigation measures required by the Project are included in the Mitigation Monitoring and Reporting Program (MMRP) (Appendix D of the Final IS/MND).
Next Steps
If the Board approves the recommendations, staff will continue to complete the Project design and obtain environmental permits necessary for Project implementation.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts associated with the recommended action for the Tularcitos Creek Downstream North Hillview Drive Levee Repair Project. The recommended action is unlikely to or will not result in disproportionate impacts on any specific community(ies) relative to the general population.
FINANCIAL IMPACT:
The Tularcitos Creek Downstream North Hillview Drive Levee Repair Project as part of the Watersheds Operations and Maintenance Division, Project No. 62761028, is included in the Capital Improvement Program (CIP) Fiscal Year (FY) 2027-31 Five-Year Plan and in the FY 2026-27 Adopted Budget. The estimated construction cost of the Project is approximately $5 million and does not increase the overall Total Project Cost reflected in the CIP FY 2027-31 Five-Year Plan. The Project is funded by the Watershed Stream Stewardship Fund (Fund 12).
CEQA:
Valley Water is acting as the lead agency under CEQA for the Project. The Final IS/MND has been prepared and is included for Board consideration and adoption before Project approval.
ATTACHMENTS:
Attachment 1: Final IS/MND
Attachment 2: Resolution
UNCLASSIFIED MANAGER: Manager
Jennifer Codianne, 408-630-3876