BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Amendment No. 1 to the Joint Use Agreement No. A38445 with City of Milpitas for Portions of Lower Penitencia Creek and Penitencia East Channel (Milpitas) (District 3).
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RECOMMENDATION:
Recommendation
A. Consider the CITY OF MILPITAS' 2008 FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE TRANSIT AREA SPECIFIC PLAN (TASP) and the OCTOBER 2013 ADDENDUM;
B. Approve Amendment No. 1 to the Joint Use Agreement with City of Milpitas for Portions of Lower Penitencia Creek and Penitencia East Channel;
C. Authorize the Chief Executive Officer to Execute Amendment No.1; and
D. Authorize the Chair to Sign the Proposed Transmittal Letter to the City of Milpitas.
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SUMMARY:
Background
The proposed Amendment to the Joint Use Agreement is applicable to the District property located in the City of Milpitas (City) and include the additional length of trail as shown in Exhibit A1 of the proposed amendment (Attachment 1).
On March 17, 2015, the City and the District entered into a 10-year Lease Agreement to allow for public recreational use of District owned property along Lower Penitencia Creek from Great Mall Parkway to Montague Expressway and along Penitencia East Channel from the confluence with Lower Penitencia Creek to about 250 feet east of McCandless Drive. This Amendment will extend the location limits to include approximately an additional 1,100 feet of the City's trail improvements along the Penitencia East Channel between Lundy Place and 250 east of McCandless Drive.
Pending the Board's consent of the recommended actions and review of the final plans, a District construction / encroachment permit can be issued for the proposed trail construction.
FINANCIAL IMPACT:
There is no financial impact associated with this Amendment.
CEQA:
The lands for recreational purposes were included and analyzed in the FEIR/TASP dated May 2008 and subsequent Addendums dated March 2013, October 2013, and February 2015 prepared by t...
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