BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Approve and Authorize the Chief Executive Officer to Execute an Amended and Restated Joint Use Agreement Between City of Sunnyvale and Santa Clara Valley Water District, for the Sunnyvale West Channel and Sunnyvale East Channel Recreational Trails (Sunnyvale, District 3).
End
RECOMMENDATION:
Recommendation
A. Consider the potential environmental effects of modifications to the Sunnyvale East and West Channels Flood Protection Project, as discussed in the Second Addendum prepared by the City of Sunnyvale, and the First Addendum and Final Environmental Impact Report prepared by the Santa Clara Valley Water District;
B. Approve and authorize the Chief Executive Officer (CEO) to execute the 2023 Amended and Restated Joint Use Agreement between City of Sunnyvale and Santa Clara Valley Water District Sunnyvale West Channel and Sunnyvale East Channel; and
C. Delegate authority to the Chief Executive Officer to approve future amendments to the proposed 2023 Amended and Restated JUA between City of Sunnyvale and Santa Clara Valley Water District Sunnyvale West Channel and Sunnyvale East Channel.
Body
SUMMARY:
In February 2022, the Board of Directors approved a Joint Use Agreement (JUA) with the City of Sunnyvale (City) to incorporate certain public trail improvements into the Sunnyvale West Channel and Sunnyvale East Channel Flood Protection Project. One such public trail improvement was to be located along Valley Water’s west maintenance road along the Sunnyvale West Channel, extending from Caribbean Drive upstream to Mathilda Avenue.
The Google Moffett Park Green Link Bordeaux-Borregas Bridge Project includes proposed trail and bridge improvements to a portion of the Sunnyvale West Channel, a portion of which would be located on Valley Water property subject to the existing JUA (“Google Bordeaux-Borregas Bridge Reach”). Agreements for the construction, operation and maintenance of the Google Moffett Park Green Link Bordeaux-Borregas Bridge Project is being considered by the Board on a separate agenda item on this same meeting. The existing JUA provides for third party improvements to be treated as City improvements under the JUA if authorized or accepted by the City, as evidenced by issuance of a permit or other agreement. The City will enter a voluntary improvement agreement with Google to construct operate and maintain the Google Bordeaux-Borregas Bridge Reach for the City.
At this time, the City desires the proposed 2023 Amended and Restated JUA (Attachment 1) to include the Google Bordeaux-Borregas Bridge Reach (Attachment 1, Exhibit D). Additionally, City and Valley Water staff have proposed that City Council and the Valley Water Board of Directors authorize the City Manager and Valley Water CEO, respectively, to approve future amendments to the proposed 2023 Amended and Restated JUA.
The proposed 2023 Amended and Restated JUA was approved by the Sunnyvale City Council on May 16, 2023.
The JUA will allow for the public recreational use of Valley Water property for 25 years with an option for renewal for an additional 25 years. The JUA may be terminated by either party with at least 180 days prior written notice.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice Impacts associated with this item.
FINANCIAL IMPACT:
The City assumes costs associated with the operation, maintenance, and public use of the trail improvements in accordance with the JUA and by Google through a voluntary improvement agreement between the City and Google. Valley Water staff costs for the amendment process were included in the FY2023 Budget.
CEQA:
Pursuant to CEQA Guidelines Section 15164(d), the decision-making body shall consider the addenda with the certified Final EIR prior to making a decision whether or not to approve this 2023 Amended and Restated JUA. 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 a first addendum to the Flood Protection Project EIR, which describes design changes to the previously approved Valley Water 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. Acting as a responsible agency, the City of Sunnyvale has prepared a Second Addendum to the Flood Protection Project EIR (Attachment 2), which describes changes to the previously approved Flood Protection Project EIR including design changes to be implemented by the Google Bordeaux-Borregas Bridge project. As explained in the second Addendum, none of the conditions described in CEQA Guidelines Section 15162(a) would occur as a result of the project changes, and therefore an addendum is the appropriate level of environmental review under CEQA to support approval of the Google Bordeaux-Borregas Bridge Project pursuant to CEQA Guidelines Section 15164(a). As stated above, Valley Water has considered the Flood Protection Project EIR and Addenda prior to deciding whether or not to approve this 2023 Amended and Restated JUA in accordance with CEQA Guidelines §15164(d). The electronic link to access the First Addendum and the Final EIR (SCH No. 2013012041) is as follows: <https://scvwd.legistar.com/View.ashx?M=F&ID=10539291&GUID=A2E013D9-8507-42A0-ABDA-53B575F2AB84> and <https://www.valleywater.org/project-updates/e2-sunnyvale-east-and-sunnyvale-west-channels-flood-protection>, respectively.
ATTACHMENTS:
Attachment A: Gov. Code 84308
Attachment 1: Joint Use Agreement
Attachment 2: 2nd Addendum to Final EIR
UNCLASSIFIED MANAGER:
Manager
Lisa Bankosh, 408-630-2618