BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Consider the Initial Study and Mitigated Negative Declaration; Adopt the Resolutions (2) Making Responsible Agency Findings, and Authorizing Land Lot Line Adjustment and Exchange of Real Property; and Authorize the Chief Executive Officer to Execute the Joint Use Agreement and All Necessary Documents to Affect the Lot Line Adjustment and Real Property Exchange, with the City of Cupertino for the Regnart Creek Trail Project. (Cupertino) (District 5).
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RECOMMENDATION:
Recommendation
A. Consider the potential environmental effects of the project as discussed in the Initial Study and Mitigated Negative Declaration prepared by the City of Cupertino (City);
B. Adopt the resolution MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO RELY ON THE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION PREPARED BY THE LEAD AGENCY (CITY OF CUPERTINO) FOR THE REGNART CREEK TRAIL PROJECT;
C. Approve and authorize the Chief Executive Officer (CEO) to execute the Joint Use Agreement between the City of Cupertino and the Santa Clara Valley Water District (Valley Water).
D. Adopt the resolution AUTHORIZING LOT LINE ADJUSTMENT AND EXCHANGE OF REAL PROPERTY WITH THE CITY OF CUPERTINO; and
E. Authorize the CEO to execute all necessary legal instruments to effect the lot line adjustment and real property exchange with the City of Cupertino, including but not limited to a certificate of lot line adjustment, a quitclaim deed to the City of Cupertino, a certificate of acceptance for a quitclaim deed from the City of Cupertino, and all other documents reasonably necessary to carry out the intent of the resolution authorizing lot line adjustment and exchange of real property with the City of Cupertino.
Body
SUMMARY:
The City of Cupertino proposes to construct the Regnart Creek Trail to extend two existing trails under a joint use agreement with Valley Water along Regnart Creek (Attachment 1). The proposed trail consists of unpaved decomposed granite, one pedestrian bridge to connect the trail to Wilson Park and removable safety rail fencing along the top of bank limited to specific areas where the City finds it necessary for public safety. The trail project includes relocation of an existing Valley Water maintenance ramp to north west from its current location. Additionally, a lot line adjustment to accomplish a land swap of equivalent sized parcels within and adjacent to Wilson Park is proposed (Attachment 2). The land swap will provide additional access to the proposed relocation of a Valley Water maintenance ramp to an area next to the Wilson Park ballfields and provide the City ownership of a portion of a baseball field currently located on Valley Water property adjacent to Regnart Creek. The relocation of the Valley Water maintenance ramp allows the City to avoid proposing two pedestrian bridges to go around the existing maintenance ramp located on the bank where the trail is proposed.
The City has held numerous public meetings and conducted neighborhood outreach during the planning and design of the project due to high level public interest and to address neighborhood concerns related to trail safety, cost, and neighbor privacy.
As a result of the planning and design by the City of the proposed public recreational improvements within Valley Water’s right of way, City and Valley Water staff have negotiated a new Joint Use Agreement (JUA), which staff recommends the Board approve (Attachment 3). The new JUA will encompass and supersede the two existing joint use agreements along Regnart Creek between East Estates Drive and Creekside Park and in the area adjacent to De Palma Lane. As part of the new JUA, the City agrees to remove the proposed pedestrian bridge and the fencing when required for Valley Water maintenance activities. The JUA is consistent with the Board Resolution 74-38 declaring its policy on joint use of Valley Water facilities. The JUA will allow the use of Valley Water property for 25 years. The JUA may be terminated by either party with at least 90 days prior written notice.
FINANCIAL IMPACT:
The trail improvements are coincident with Valley Water’s maintenance access roads, so it will not significantly hinder normal Valley Water activities and are compatible with Valley Water’s use of the property. The Joint Use Agreement allocates to the City, responsibility for all costs associated with the public recreational use including trail surface maintenance, bridge and fence removals to accommodate Valley Water maintenance activities, detours, vegetation management, litter and graffiti removal.
CEQA:
Staff has reviewed the City of Cupertino’s Final Mitigated Negative Declaration (Attachment 5) and determined it is adequate for Valley Water’s use to approve the Project. Responsible Agency Findings required by CEQA are included in the attached Resolution Making Responsible Agency Findings (Attachment 4) for construction and operation of the project. The proposed land exchange and lot line adjustment is Categorically Exempt under Class 5 Minor Alterations in Land Use Limitations from the requirements of the California Environmental Quality Act (Guidelines Section 15305) because the land is in areas with an average slope of less than 20% which do not result in changes in land use or density, including but not limited to minor lot line adjustments not resulting in the creation of any new parcel.
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Resolution Authorizing Lot Line Adjustment
Attachment 3: Joint Use Agreement
Attachment 4: Resolution Making Responsible Agency Findings
Attachment 5: Mitigated Negative Declaration
UNCLASSIFIED MANAGER:
Manager
Rechelle Blank, 408-630-2615