BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Adopt a Resolution Certifying the Final Environmental Impact Report, Adopting the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, for the Coyote Creek Flood Protection Project; and Approve the Coyote Creek Flood Protection Project, Project No. 26174043 (San Jose, Districts 2, 3, and 6).
(*Previously listed as Item 3.4)
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RECOMMENDATION: Recommendation
A. Consider the Environmental Effects of the Coyote Creek Flood Protection Project as discussed in the Final Environmental Impact Report;
B. Adopt the Resolution CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE COYOTE CREEK FLOOD PROTECTION PROJECT AND ADOPTING CEQA FINDINGS OF FACT, STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING AND REPORTING PROGRAM for the Coyote Creek Flood Protection Project; and
C. Approve the Coyote Creek Flood Protection Project.
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SUMMARY:
Santa Clara Valley Water District (Valley Water) staff recommends considering the potential environmental effects presented in the Final Environmental Impact Report (EIR) (Attachment 1) and adopting a resolution (Attachment 2) certifying the Final EIR for the Coyote Creek Flood Protection Project (CCFPP or Project) and adopting the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program.
Certification of the Final EIR is necessary to approve and implement flood risk reduction elements of the CCFPP.
Background and Project Description
The CCFPP’s primary objective is to provide protection from floods up to the level that occurred on February 21, 2017, equivalent to approximately a 5% flood (also referred to as a 20-year event), along Coyote Creek, between Montague Expressway and Tully Road, in San Jose. The CCFPP involves construction of multiple floodwalls, passive barriers and earthen berms along a nine (9) mile stretch of Coyote Creek.
Following a February 2020 order from Federal Energy Regulatory Commission (FERC) regarding Anderson Dam, the original Coyote Creek Flood Protection Project was split into two projects to accommodate construction of a new outlet tunnel at Anderson Dam. As a result, Valley Water accelerated the design and construction of an initial project, the Coyote Creek Flood Management Measures Project (CCFMMP), representing 40% of the original Coyote Creek Flood Protection Project, so the creek can handle the potential release of higher flows from the larger outlet tunnel from the Anderson Dam Tunnel Project. The Board awarded the CCFMMP construction contract in May 2023 and construction completion is anticipated to be presented to the Board in early Spring 2025.
Construction of the remaining components of the original CCFPP, the current CCFPP, is planned for completion before the Anderson Dam Seismic Retrofit Project (ADSRP) Stage 2 Diversion is in operation (estimated in 2028). In total, the Project includes constructing approximately 17,060 feet of improvements along the 9-mile stretch of Coyote Creek from Montague Expressway to Tully Road. The following improvements would be constructed: approximately 13,703 feet of floodwalls and passive barriers, 355 feet of headwalls and wingwalls, and 3,002 feet of berms.
The Project will result in flood risk reduction benefits to homes, businesses, schools, and transportation infrastructure, including disadvantaged communities along Coyote Creek. The CCFPP will also maintain access and minimize impacts to existing and planned recreation facilities, and future operations and maintenance activities in the channel will be minimal.
Final Environmental Impact Report Project Description and Environmental Benefits
The Final EIR covers each of the flood risk reduction elements, including floodwalls, passive barriers, berms, flap gate installation, bridge reinforcement, and bridge headwall and wingwall replacement. Floodwalls, passive barriers, and berms would contain flood flows within the creek, but passive barriers would only be deployed during flood conditions. Passive barriers will maintain access to roads and open space during non-flooding conditions.
Project Benefits Described in the Final EIR
The Project benefits include a reduction of flood risk to homes, businesses, schools, and transportation infrastructure.
Safe, Clean Water and Natural Flood Protection Program
In November 2020, Santa Clara County voters approved Measure S, a renewal of Valley Water’s Safe, Clean Water and Natural Flood Protection Program (Safe Clean Water Program). The Safe Clean Water Program identifies six types of priority Projects (Priorities A-F) and lists existing and newly proposed projects under each priority. Priority E includes several projects (Project E1-E8) to provide flood protection to homes, businesses, schools, streets, and highways. Project E1: Coyote Creek Flood Protection identifies one key performance indicator (KPI), which is to “Construct flood protection improvements along Coyote Creek between Montague Expressway and Tully Road to provide protection from floods up to the level that occurred on February 21, 2017, approximately a 5% flood (20-year) flood event.” Project E1 KPI will be met by the construction of both CCFMMP and CCFPP, collectively referred to as the Coyote Creek Flood Projects.
Public Outreach Efforts
Since 2017, over twenty (20) public meetings have been held regarding the CCFPP. The public meetings were held to provide project updates and receive public input. The meetings were publicized to local residents living in and around the project area through mail notifications, email reminders to neighborhood groups and individuals, online notifications on Nextdoor.com, and the Valley Water Project website.
On November 22, 2023, a Notice of Preparation (NOP) was circulated and on December 6, 2023, a scoping meeting was held to inform participants about the scope of the project and the intent to prepare a Draft EIR.
Environmental Review
Pursuant to California Environmental Quality Act (CEQA), Valley Water, as the lead agency for the Project, prepared a Draft EIR to provide the Board, public, responsible agencies, and stakeholders with information about the potential environmental effects of the CCFPP. The Draft EIR analyzed a reasonable range of alternatives based on input from environmental assessments, the public participation process, and resource agencies. The Draft EIR describes project elements, evaluates project impacts, and proposes mitigation measures to avoid or reduce significant impacts. The Draft EIR was prepared in compliance with the California Environmental Quality Act (CEQA, Public Resources Code section (§) 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations [CCR] title 14, § 15000 et seq.).
On July 12, 2024, Valley Water released the Draft EIR for public review (State Clearinghouse No. 2023110513). The public review period began on July 12, 2024, and ended on August 26, 2024.
On July 25, 2024, a hybrid public meeting was held online and in-person to provide information on the Project and to provide agencies and interested individuals with information on how to comment on the contents of the Draft EIR. Copies of the Draft EIR and appendices were posted online, and hard copies were available for viewing at the Valley Water headquarters, City of San Jose City Hall, and East San Jose Carnegie Library.
Valley Water received eleven (11) comment letters or e-mails related to the Draft EIR contents in total. Written comments received on the Draft EIR are included and responded to in Chapter 2 of the Final EIR.
Summary of Environmental Impacts
The Final EIR concludes that the CCFPP would result in no or less-than-significant impacts relating to aesthetics, air quality, greenhouse gas emissions and energy use, hydrology and water quality, land use and planning, recreation, and utilities and service systems.
The Final EIR concludes that the Project would result in significant impacts on several resources, including special-status bats, cultural and tribal cultural resources, paleontological resources, hazardous materials, noise and vibration, and transportation. With the exception of noise, the identified significant impacts would be reduced to less-than-significant levels after the implementation of the proposed mitigation measures.
As described in Chapter 3.11 of Attachment 1 of the Final EIR (which is the revised Draft EIR), daytime construction activity could exceed Federal Transit Agency noise criteria for residential and nonresidential uses at 15 sensitive receptor locations, exposing them to excessive noise levels during construction. To reduce this impact, Vally Water would implement Mitigation Measures NOI-1.1, 1.2, 1.3, and 1.4, which would require that Valley Water and/or its contractor implement numerous noise-reducing measures where appropriate during construction. Measures to be implemented would include development and implementation of a construction noise control plan, use of a silent hydraulic pile driver to reduce noise and vibration, use of temporary sound barriers to attenuate construction noise, and designation of a construction noise coordinator to receive and remedy any public noise complaints. Implementation of these mitigation measures would substantially reduce exposure of sensitive receptors to noise from construction activities but noise levels at some sensitive receptors would not be reduced to less-than-significant levels.
There are no other feasible measures to minimize exposure to excessive noise levels during daytime construction. Therefore, this impact would remain significant and unavoidable.
Statement of Overriding Considerations
CEQA requires the decision-making body to balance, as applicable, the economic, legal, social, technological, or other benefits of a project against its unavoidable environmental risks when determining whether to approve the project. When a lead agency approves a project that will result in significant effects, which are identified in the Final EIR but are not avoided or substantially lessened, the agency must adopt a statement of overriding considerations (CEQA Guidelines, § 15093). The Statement of Overriding Considerations sets forth the specific reasons why the lead agency finds that the project's benefits would render the Project’s unavoidable adverse environmental effects acceptable. (CEQA Guidelines § 15093, 15043(b); see also Public Resources Code § 21081(b).)
Valley Water determined that the CCFPP has significant and unavoidable impacts on noise during construction despite efforts to mitigate them. Valley Water has evaluated the benefits of the CCFPP, supported by substantial evidence in the EIR and elsewhere in the administrative record. The benefits of CCFPP include a reduction of flood risk to homes, businesses, schools, and transportation infrastructure. Also, completion of the project before the ADSRP Stage 2 Diversion is in operation would reduce flood risks to lives and property due to higher flows allowed by the Stage 2 Diversion system.
Considering the benefits of the CCFPP, the Board is being asked to adopt a Statement of Overriding Considerations that finds the benefits of the CCFPP outweigh the project’s significant unavoidable direct and cumulatively considerable impacts on noise.
Prior Board Actions
On June 13, 2017, the Board adopted a resolution approving the modification to the CCFPP and approved the budget adjustment.
On May 25, 2021, the Board approved Agreement No. A4464A with AECOM Technical Services, Inc for Design Services.
On February 22, 2022, the Board approved the Relocation Impact Study and Last Resort Housing Plan.
On October 11, 2023, the Board received an update regarding the status of the Coyote Creek Flood Protection Project.
On June 13, 2023, the Board approved Amendment No. 2 to Agreement No. A4464A with AECOM Technical Services, Inc for Design Services.
On November 17, 2023, at the joint meeting with the City of San Jose, the Board received an update regarding the status of the Coyote Creek Flood Protection Project.
On March 26, 2024, the Board approved Amendment No. 3 to Agreement No. A4464A with AECOM Technical Services, Inc. for Design Services.
Next Steps
Staff have completed the Final EIR and is requesting the Board’s certification of the Final EIR; adoption of the CEQA Resolution (Attachment 2), which certifies the Final EIR, and adopts the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and approval of the Project.
Should the Board approve the CCFPP, staff will pursue the necessary permits and complete the design and construction contract documents. Staff anticipates requesting the Board’s adoption of the final plans and specifications and authorization for obtaining construction bids at the beginning of 2026 and starting construction in the summer of 2026.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
The CCFPP addresses flood risk in a disadvantaged community, as determined by program staff, by completing construction of flood protection features along Coyote Creek from Montague Expressway to Tully Road to provide benefits, including a reduction to flood risk to homes, businesses, schools, and transportation infrastructure.
FINANCIAL IMPACT:
The CCFPP, Project No. 26174043, is included in the Capital Improvement Program (CIP) Fiscal Year (FY) 2025-29 Five-Year Plan and in the FY 2024-25 Adopted Budget. There is no financial impact associated with the recommendation to adopt a Resolution Certifying the Final EIR. The estimated construction cost of the Project is $133 million. The Project is funded through the Safe, Clean Water and Natural Flood Protection Program Fund (Fund 26) and Department of Water Resources Proposition 1 Integrated Regional Water Management Round 2 Implementation Grant. In addition, a portion of the Project cost is expected to be financed by the Water Infrastructure Finance and Innovation Act (WIFIA) pursuant to the United States Environmental Protection Agency WIFIA Master Agreement with Valley Water dated February 14, 2023.
CEQA:
A Final EIR has been prepared for the Project and is before the Board for certification. The Final EIR is available for the Board and public review on Valley Water’s website (<https://www.valleywater.org/public-review-documents>).
ATTACHMENTS:
Attachment 1: CCFPP Final EIR
Attachment 2: Resolution
Attachment 3: Project Delivery Chart
Attachment 4: PowerPoint
UNCLASSIFIED MANAGER: Manager
Bhavani Yerrapotu, 408-630-2735