HomeMy WebLinkAboutSCVWD - Joint Use Agreement Lions Creek
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File: City of Gilroy
Lions Creek and West Branch L1agas Creek
X-Files: 5031- 23 thru 25, 56 thru 59 and 5039-3 thru 7, 29, 37 thru 40, 42
JOINT USE AGREEMENT
Lions Creek
From Kern Avenue to West Branch L1agas Creek Confluence
West Branch Llagas Creek
From Lions Creek Confluence to Farrell Avenue
SANTA CLARA VALLEY WATER DISTRICT, a California Special District created by the
California Legislature, hereinafter referred to as "District;" and the CITY of GILROY, a California
charter city and municipal corporation of the State of California, hereinafter referred to as "City;"
AGREE this .9.t.bday of November ' 2010 ("Agreement Effective Date"), as follows:
RECITALS:
-
A. Whereas, District is the owner of certain real property (hereinafter "the Premises"),
described on "Exhibit A" attached hereto, so marked and by this reference made a part
hereof. A portion of Lions Creek and West Branch L1agas Creek are located within the
Premises;
B. Whereas, City desires to construct a public pathway known as the Lions Creek Parkway
Trail and the Wren to Kern Trail for pedestrians and bicycles along Lions Creek and
West Branch L1agas Creek, consistent with the City's General Plan;
C. Whereas, City and District recognize that the Premises was acquired by the District for
flood protection purposes as part of the PL-566 flood protection project along Lions
Creek and West Branch L1agas Creek, and any improvements installed by the City are
subject to relocation and/or removal by City (at City's sole cost) if a future flood
protection project (or any other District project) requires such relocation or removal as
determined by the District;
D. Whereas, the City has an interest in using Premises to enable the City to provide certain
recreational opportunities to the public that do not unreasonably interfere with the
District's mission of flood protection, water resource management, and stream
stewardship;
E. Whereas, the parties find it to be in the public interest to provide for joint use of the
Premises by means of an Agreement under the following terms and conditions;
Now, therefore, the parties agree as follows:
1) Purpose and Limitations of Use. District hereby grants permission to City to use the
Premises for the following purposes and subject to the following limitations of use:
.-
Pumose
Operation of a pedestrian and/or bicycle trail for public use, including construction,
maintenance, and repair of trail-related incidents such as a pedestrian bridge,
paving, signs, benches, fencing, and gates that are first approved by the District as
evidenced by issuance of a District permit.
Limitations of Use
Public access on the trail within the Premises must only be passive in nature.
Hence, picnic facilities, barbecues, fires, swimming, boating, dogs or other domestic
animals (except on leash), equestrian use, and any type of motorized vehicles or
cycles are not permitted on the Premises and City must ensure that such uses do not
occur on the Premises. City must restrict entry to the Premises to daylight hours.
2) Trash and Litter Removal. City will provide for trash removal on the Premises that is
reasonably likely to have been generated from the public's use of Lions Creek Parkway Trail
or the Wren to Kern Trail. City will be responsible for maintaining and emptying trash
receptacles and rubbish removal as reasonably necessary. District will manage the Adopt-
A-Creek program providing an opportunity for local community volunteers to participate in
litter pick-up.
3) Graffiti Removal. City will provide graffiti removal in compliance with City's graffiti
abatement program, including graffiti removal from signs installed in conjunction with and/or
accessory to the establishment of a public pathway consistent with its implementation of the
same program at comparable City facilities. City will have the primary responsibility for
removal of graffiti, on the Premises, reasonably attributed to trail use.
4) Security. The Premises must be reasonably patrolled by City personnel and/or ranger
services under contract with City and/or volunteers supervised by City. District has no
obligation whatsoever to provide or pay for any such patrol services.
5) Public Complaints. City is responsible for responding to all public complaints and inquiries
regarding City's improvements on the Premises, including the public trail, and to all inquiries
regarding the public's use of the Premises.
6) Removal or Relocation of City Improvements. If District requires that any City
improvement on Premises be removed or relocated for any District purpose, the City will do
so at its own expense within 90 days of receiving notice from the District. If removal or
relocation of City improvements, including vegetation installed by City, requires mitigation
under the California Environmental Quality Act, City will be responsible for all costs required
to fulfill any required mitigation responsibilities. District will inform City during
preconstruction planning in the event a District project is performed on the Premises, in
order to reasonably minimize District's project impact on City's improvements located on the
Premises. In the event a District project is constructed, any replacement of the City's trail
will be the responsibility of the City, subject to District approval.
7) Water Level Fluctuations. It is expressly understood by City that the level of water upon
the Premises may fluctuate from day to day due to controlled or uncontrolled flows upon and
across the same. City is responsible for the control of or limiting the public's use of
Premises because of such water levels, flood flows, or for any other reason. City is
responsible for determining the conditions under which to exercise said control or to limit the
use of the Premises to ensure the health and safety of the public using the Premises.
8) Signage. The parties will cooperate to create and install signage that benefits the programs
of each party such as warnings, entrance signage, interpretive signs and benches, and joint
uses when applicable. The Deputy Operating Officer of the District and the City Engineer of
the City or their respective designees will meet and confer on a periodic basis to plan the
installation of appropriate signage which serves the needs of both parties. All signs placed
on the Premises by City (except existing signs that identify the facility (e.g. Trail) by name)
must include the District's logo in equal size and symmetrical relationship to any other logos
contained on such signs. In addition, all City signs or City publications placed on the
Premises that describe water resources must be developed in conjunction with the District's
Watershed customer relations staff. Each party is responsible for the maintenance and
upkeep of its signage installed on the Premises.
9) Bird Nesting Season. Construction and maintenance work during nesting season
(generally between February 1st and August 31st) will be avoided whenever possible. If
construction or maintenance work must be done during the nesting season, a pre-
construction survey by a qualified biologist must be undertaken to determine the presence of
nesting. If nesting activity is reported, the biologist is expected to recommend and the City
to implement adequate mitigation measures to protect the nesting area. Environmental
impacts will be considered prior to all work. Any and all work related to this clause will be
completed in accordance with applicable federal, state, and local environmental health and
safety regulations including but not limited to the federal Migratory Bird Treaty Act of 1918,
Clean Water Act, Endangered Species Act, the California Fish and Game Code and the
Porter-Cologne Act and any amendments thereto.
10) Maintenance and Repair. District is responsible for performing routine maintenance on the
Premises for flood protection and water resource management purposes in a manner
consistent with its maintenance of comparable facilities or creeks. City is responsible for the
maintenance and repair of recreational improvements on the Premises. City will bear the
cost and expense of any security, police or other expenditure necessary to temporarily
prohibit or control public access to the Premises that the District would not ordinarily incur to
complete scheduled routine maintenance pursuant to this provision. In an emergency
situation, District will respond without notice to the City. In non-emergency situations, City
and District staff will meet, whenever necessary, for the purpose of scheduling routine
maintenance, including, but not limited to:
(a) Maintenance issues related to improvements;
(b) Method and timing of issues related to affected wildlife;
(c) Non-emergency work requiring the use of heavy equipment, barricading, and/or
restricting access to the Premises. District and City further agree to notify one another's
designated representative at least ten (10) work days prior to commencement of such
work, in order to minimize public impacts.
11) Damage to City's Improvements on Premises. District is not responsible for any damage
occurring to the City's improvements or structures located on the Premises that results from
the District's maintenance, construction or reconstruction activities, or from its water
management and/or flood protection facilities located on or near the Premises, including
(without limitation) any flood flows, or inundation of Lions Creek or West Branch L1agas
Creek onto the Premises. Further, City is responsible for any damage occurring to either the
District's or City's improvements or structures located on the Premises that results from the
public's use of the Premises. All such costs for repairing such damage to District's or City's
improvements will be borne by City.
12) Term of Agreement and Renewal Option. The term of this Agreement (including the
rights and obligations contained therein) is twenty-five (25) years commencing on the
Agreement Effective Date. The City, upon providing the District with no less than ninety (90)
days written notice, but no more than 180 days notice prior to the expiration of the initial 25-
year term, may renew this Agreement for an additional 25-year period.
13) Termination of Agreement for Cause. A party may terminate this Agreement for "cause"
after providing the other party with at least 90 days prior written notice of such "cause" and
its intent to terminate this Agreement. For purposes of this Agreement, "cause" means a
material breach of this Agreement, including (without limitation) a breach of a party's
maintenance responsibilities and responsibilities to maintain its improvements in a safe
manner. If there are deficiencies that can be corrected by either party, neither party will
terminate this Agreement without first providing the other party an opportunity to correct
such deficiency within said 90-day written notice period, or such longer period as agreed to
by the non-breaching party in writing. Upon the termination or expiration of this Agreement,
City must remove its improvements from the Premises, and leave the Premises in a
condition as near as reasonably practical to its condition prior to the installation and/or
development of such improvements. If the trail is removed from the Premises due to a flood
protection project or other District project, this Agreement will terminate upon District
providing the City with written notice. Notice of intent to renew or to terminate may be given
by the City Administrator for City. Notice of intent to terminate may be given by the Chief
Executive Officer for the District.
14) City's Responsibility for Public Use. Subject to the conditions and restrictions contained
in this Agreement, City has the full control and authority, for public and recreation purposes
over the use of the Premises, and City may restrict, or control, regulate and/or supervise the
public use thereof. City may, at its discretion, consistent with the right of District hereinafter
described, and without diminution of the flood protection or water resources management
function or hazard thereto of the Premises as now existing or as may hereafter be altered,
take any measures of every kind as may in the opinion of City be necessary for the health
and safety of the users of the Premises for any purpose under this Agreement. City has the
sole responsibility for the maintenance in usable and safe condition of every facility provided
upon the Premises by City.
15) District's Superior Rights. It is expressly understood that District is engaged in flood
protection, the protection of water resources, and stream stewardship and that the terms
and conditions of this Agreement will not in any way interfere with the absolute, free and
unrestricted right of District to operate and maintain for flood protection, water resource
management, and stream stewardship purposes the stream bed and banks or any
appurtenant works thereto, or to repair or construct any of its works, or to allow the raising or
lowering of the height of the water present upon the Premises.
16) City's Subordinate Rights. City will have the right to build any improvements on the
Premises necessary, or convenient to the enjoyment of this Agreement, provided the
location of the any such improvement is, in each case during the term of this Agreement,
first approved by District and signified by issuance of a District permit. It is fully understood
and agreed that District's basis of approval or disapproval of improvements is its
responsibility to insure the same will not constitute an obstruction to flood flows and will not
interfere with the use of the Premises for any District purpose, and does not in any way
extend to consideration of the health and safety of users of the Premises, which latter
consideration is the responsibility of City, or to the advisability of such improvements.
17) Indemnification by City. Notwithstanding any other provision of this Agreement, City
agrees to indemnify, defend and hold harmless the District, its agents, officers, directors,
and employees from and against any and all demands, claims, damages, losses and
reasonable expenses, including but not limited to liabilities, obligations, claims, costs,
reasonable expenses (including without limitation interest, penalties and reasonable
attorney's fees), fines, levies, assessments, demands, damages or judgments of any kind or
nature, whether in law or equity (including without limitation, death or injury to any person,
property damage, administrative and judicial orders and consents, or any other loss) to the
extent they arise out of, pertain to, or relate to the: (i) publiC use of the Premises, (ii) public's
use of real property adjacent to the Premises, or (iii) negligence or willful misconduct of the
City's officers, agents, employees, or independent contractors, excepting comparative
liability resulting from the negligence or willful misconduct of an officer, agent, or employee
of the District. This Agreement to defend, indemnify, and hold harmless the District will
operate irrespective of the basis of the claim, liability, loss, damage, or injury and
irrespective of whether the act, omission, or activity is a condition of Premises or any other
cause of any kind or nature.
18) Indemnification by District. Notwithstanding any other prOVIsIon of this Agreement,
District agrees to indemnify, defend and hold harmless the City, its agents, officers,
directors, and employees from and against any and all demands, claims, damages, losses
and reasonable expenses, including but not limited to liabilities, obligations, claims, costs,
reasonable expenses (including without limitation interest, penalties and reasonable
attorney's fees), fines, levies, assessments, demands, damages or judgments of any kind or
nature, whether in law or equity (including without limitation, death or injury to any person,
property damage, administrative and judicial orders and consents, or any other loss) to the
extent they arise out of, pertain to, or relate to the active negligence or willful misconduct of
the District's officers, agents, employees, or independent contractors, excepting
comparative liability resulting from the negligence or willful misconduct of an officer, agent,
or employee of the City. This Agreement to defend, indemnify, and hold harmless will
operate irrespective of the basis of the claim, liability, loss, damage, or injury, and
irrespective of whether the act. omission, or activity is a condition of Premises or any other
cause of any kind or nature.
19) Notices. Any and all notices required to be given here~nder will be deemed to have been
delivered upon deposit in the United States mail, postage prepaid, addressed to either of the
parties at the address hereinafter specified or as later amended by either party in writing:
City:
District:
City of Gilroy
Attention: Community Development Dept.
7351 Rosanna Street
Gilroy, CA 95020
Santa Clara Valley Water District
Attention: Clerk of the Board
5750 Almaden Expressway
San Jose, CA 95118
20) Successors and Assigns. This Agreement, and all terms, covenants, and conditions
hereof, will apply to and bind the successors and assigns of the respective parties hereto.
City will neither assign nor sublet this Agreement without the prior written consent of the
District.
21) Choice of Law. This Agreement is governed by California law.
22) Amendments. This Agreement may not be modified or amended except in writing signed
by both parties.
23) Compliance with Laws. Each party must, in all activities undertaken pursuant to this
Agreement, comply and cause its contractors, agents, and employees to comply with all
federal, state, and local laws, statues, orders, ordinances, rules, and regulations.
24) Not Real Property Interest. It is expressly understood that this Agreement does not in any
way whatsoever grant or convey any permanent easement, fee or other interest in a party's
real property to the other party.
25) Attorney's Fees. In the event of a dispute between the parties with respect to the terms or
conditions of this Agreement. the prevailing party is entitled to collect from the other its
reasonable attorney's fees as established by the judge or arbitrator presiding over such
dispute.
26) Entire Agreement. This Agreement, together with all exhibits attached hereto, constitutes
the entire agreement between the parties concerning the public's recreational use of the
Premises and supersedes all prior written and oral understandings concerning the public's
recreational use of the Premises.
WITNESS THE EXECUTION HEREOF, effective the Agreement Effective Date hereinabove set
forth.
"City"
"District"
CITY OF GILROY
A California charter city and
M orporation of the State of California
SANTA CLARA VALLEY WATER DISTRICT,
a Special District, created by the California Legislature
(-) L_ .____, .. . ..
By.. "J.' ..............
B~alf Gota.a) ..'
ChiefExetutiVe Officer
ATTEST
uti J {(teL {~ i It}, ~
Michele L King - t
Clerk of the Board of Directors
APPROVED AS TO FORM:
(~/. >). .
,.'- ) ("t It'.. <. (f~ . ~.'. 1"') 1-
Linda Callon
City Attorney
APPROVED AS TO FORM:
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o 250 500
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6 Lions Creek and West Branch L1agas Cree
Santa Gara Valley Wc1er Distrig Joint Use Agreement
Exhibit A
SC 0 fee t tie right of way
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250 500
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1,500
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^ Lions Creek and West Branch L1agas Cree
San~a Clara Valley Wa~er Dishic! U Joint Use Agreement
Exhibit A
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5750 ALMADEN EXPWY
SAN JOSE, CA 95118-3686
TELEPHONE (408) 265-2600.
FACSIMILE (408) 266-0271
www.valleywatcf.org
AN EQUAL opro.nlNlTY EMPLOYeR
November 19, 2010
BOARD OF DIRECTORS
ROSEMARY C. KAMEl.
DISTRICT 1
JOE JUDGE.
DISTRICT 2
RICHARD P. SANTOS.
CHAIR. DISTRICT 3
LARRY WILSON.
VICE CHAIR, DISTRICT 4
PATRICK S. KWOK. P.E.,
DISTRICT 5
TONY ESTREMERA,
AT LARGE
CY MANN,
AT LARGE
The Honorable AI Pinheiro
Mayor of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
BEAU GOLDIE
CHIEF EXECUTIVE OFFICER
MICHELE L. KING
CLERK OF THE BOARD
Subject: Joint Use Agreement for the Lions Creek and West Branch Uagas Creek Trail
Dear Mayor Pinheiro:
The Santa Clara Valley Water District (District) Board of Directors approved the subject joint use
agreement at its regular Board meeting on November 9, 2010. Enclosed is a fully executed
agreement for your files.
The enclosed joint use agreement expands the use of District lands along Lions Creek and
West Branch Uagas Creek for trail and recreational purposes. The expansion allows the City to
construct approximately 0.8 miles of trail along Lions Creek from Kern Avenue to West Branch
Uagas Creek and along West Branch Uagas Creek from Lions Creek to Farrell Avenue.
In addition, the District's Board approved $249,550 in grant funding for this trail as part of its
Clean Safe Creeks 2010 Trails and Open Space Grant program. This project was the highest
ranked project submitted among ten countywide project proposals. This action reinforces the
District's ongoing commitment to provide new trails along its creeks.
The District is pleased to cooperate with the City of Gilroy in order to provide additional
recreational opportunities to the public at reduced cost through the joint use of District right of
way and grant funding made available from the Clean Safe Creeks and Natural Flood Protection
Program approved by voters in 2000. This agreement supports the District's vision to be
a fiscally responsible water resources agency valued by the community.
Sincerely,
r/l;c~ Il/~
Richard P. Santos
Chair/Board of Directors
Enclosure
cc: Council Members: Bob Dillon, Cat Tucker, Craig Gartman, Perry Woodward, Peter Arellano
Mayor Pro Tempore: Dion Bracco
Board of Directors (7)
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1109k-l.docx
The mission 01 the Santo Cforo Volley Wat"r District is 0 healthy, sole and enhanced quality of living in Santo Clara County through watershed
stewardship and comprehensive monagement of waler resources in 0 practical, cost-effective and environmentally sensitive manner.
^
t..:
Resolution No. 10 -79
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION FOR THE THREE TRAilS PROJECT
Whereas, the City of Gilroy ("City") has prepared and adopted an Initial Study/Mitigated Negative Declaration
("IS/MND") for The Three Trails Project ("Project"), a project to construct and operate three bicycle /
pedestrian trails in the City of Gilroy; and
Whereas, two of the proposed trails would traverse certain real property along lions Creek and West Branch
L1agas Creek owned by the Santa Clara Valley Water District ("District"); and
Whereas, the District submitted written comments on the Draft IS/MND, and the District's concerns are
adequately addressed in the FinaIIS/MND; and
Whereas the District is a Responsible Agency under the California Environmental Quality Act ("CEQA") with
discretionary approval power over a portion of the Project; and
Whereas, the District is considering approval of an encroachment permit and a Joint Use Agreement with the
City for construction and operation of two trails on such District owned property; and
Whereas, the District, as a Responsible Agency, must make certain findings prior to approving the
Agreement on District owned property;
NOW, THEREFORE, BE IT RESOLVED by the Santa Clara Valley Water District Board of Directors as
follows:
1. The Board independently reviewed and considered the environmental effects of the Project as
shown in the IS/MND, together with matters deemed material and relevant prior to making a decision
on the Joint Use Agreement.
2. The Board concurs with the environmental analysis and conclusions in the IS/MND and finds that
they are a complete and accurate analysis of the Project's environmental impacts.
3. The Board finds that the IS/MND is the appropriate CEQA document for analyzing the Project's
potential impacts and that the record as a whole contains no substantial evidence that the Project will
result in significant impacts.
4. The Board hereby authorizes staff to carry out mitigation measures allocated to the District as a
Responsible Agency, if any.
PASSED AND ADOPTED by the Board of Directors of Santa Clara Valley Water District by the following
vote on November 9,2010:
AYES:
NOES:
ABSENT:
ABSTAIN:
Directors
Directors
Directors
Directors
L. Wilson, P. Kwok, T. Estremera, J. Judge, R. Kamei, S. Mann,
R. Santos
None
None
None
S?;vRAYALlEYWATER D
BU (c:k.~.~JlI!.
Richard P. Santos
Chair/Board of Directors
ATTEST: MICHELE L. KING
LLYJuLft 7E-th<-;
ClerkIBoard of Directors
This page intentionally left blank.
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RESOLUTION NO. 82- 30
,.............,
.......:fJl.
DECLARING POLICY TO GOVERN JOINT USE OF
LANDS ACQUIRED FOR
UPPER AND LOWER LLAGAS CREEl(
PL 566 WATERSHED PROJECTS
RESOLVED, by the Board of Directors of Santa Clara Valley Water District, that
it shall be the policy of this District that it shall neither make nor permit any use
whatever for public access for park, trail, l'€creation or similar purposes of lands
presently owned or acquired by it for the Upper and Lower Llagas Creek PL 566
Watershed projects while adjacent lands are within the areas designated as "Resource
Conservation Areasll in the land use plan of the General Plan of the County of Santa
Ciara.
PASSED AND ADOPTED by the Board of Directors of Santa Clara Valley Water
District on May 2S, 1982, by the following vote:
AYES:
Directors
tY.f. DULLEA, P. T. FERRARO. A. H. FISHER R. W GROSS,
t. J. H:IIlIIAN-, A. T. PFEifFER, S. SANCHcl .
None
NOES:
Directors
ABSENT: Directors
ABSTAINED: Director
l'ione
James J. Lenihan
SANTA CLARA VALLEY WATER DISTRICT
'<.:.; '~I""
ATTEST: SUSAN A. EKSTRAND
d~7V~
Clerk of the Board of Directors
1
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Attachment #4
Page 1 of 6
(Page 39, of 128)
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37
AGENDA MEMORANDill1
AGENOI\ DATE 5/25/82 ITEM NO. ~_ UNIT Flood Control
5058/
ZONE S PROJECT NO. 5057 NAME Llagas Creek Watershed Proj ect - PL 83-566
SUBJECT: Certification of Final Environmental Impact Report a.nd Adoption of
Resolution on Joint Public Use of Lla~as Creek.
EXPLA.'JATION :
The Draft EIS/EIR was approved by the Board on December 22, 1981 for a 57-day
public review period. A Public Hearing was held on February 10, 1982 before
the Boards of Directors of the three local sponsors.
Staff has finalized the document by responding to comments received during the
public revie\v period (pp. 75-91; Appendix G). Written comments were received
from eight Federal agencies, four State agencies, four local agencies, five
private organizations, and five individuals.
An attachment to this Agenda Memorandum, "Statement of OVerriding Considerations",
identifies and discusses the significant adverse impacts of the project and
states the reasons for proceeding with the proj ect even though these impacts
cannot be fully mitigated.
(.,,~., The attached resolution which was favorably considered by the Board on December 22,
',-... 1981 in draft form, states that the District will not allow park or other
recreational uses on certain Llagas Creek channels in the Gilroy area while
adjacent lands are designated in the County General Plan as "Resource Conservation
!\reas". No opposition to this policy has surfaced during the public review period.
/'"""
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RECOMMENDATION: That the Board (a) adopt the Resolution; (b) adopt the "Statement
of Overriding Considerations", as findings regarding the impacts of the proj eet,
and (c) certify the final ErR.
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Attachment #4
Page"-c'of -6
(Page 40' of 128)
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Statement of Overriding Considerations
Although project alternatives were selected to avoid or reduce environmental
impacts and feasible mitigation measures were incorporated into'the project,
certain significant impacts remain that cannot be mitigated fully. These
impacts are identified and evaluated in the Final ElR. The reasons supporting
the decision to proceed with the project are given below:
1. Impact Eighty acres of agricultural land required for the project
will be taken out of production.
Finding - The right of way required for channel enlargement is largely
a function of the type of channel modification selected. In this project,
excavated earth channels are the preferred alternative for most reaches rather
than concrete channels which although requiring less right of way, are environ-
mentally more destructive. In one reach (Reach 2), more right of way than
usual was necessary' due to a higher "n" value criterion to preserve existing
riparian vegetation.
2. Impact - The project will remove approximately 19 acres of rin~Ti~~
vegetation ranging from riparian woodland to freshwater marsh with cornmenSU1::at.~
impacts on wildlife and aesthetic values.
\_~,
Finding - Less destructive channel modification designs than excavation
were examined early on in an attempt to preserve riparian vegetation, parti-
cularly in Reach 2 which has the most valuable habitat of the reaches to be
channelized. Bypass channels and set-back levees (modified flood-pLiin) \t'ere
considered. Both of these designs were rejected because of the large amount
of prime agricultural land and dislocation of buildings that would be required.
Another problem with set-back levees in Reach 2 is that connecting upstream
channels would have to be enlarged considerably due to the backwater effect that
would be created. The excavated earth channel design that was selected in
Reach 2 preserved some of the best riparian vegetation by excavating from only
one bank in certain areas. An extensive revegetation program will replace
vegetation lost to the project, and the higher "n" value criterion in portions
of Reach 2 will alow more natural reestablishment to occur than usual. The
plantings will consist largely of native trees and shrubs.
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3. Impact - Enlargement of the channels will result in adverse visual
impacts particularly to adjacent residents.
Finding - I\lthough the modified channels will be unavoidably more visually
obtrusive than the existing channels especially where creekside trees and shrubs
are removed, the channel banks and levees will be replanted in visually sensitive
areas to mitigate loss of aesthetic values and provide shade and privacy. As
regards the concrete rectangular channel to be constructed through downtown
Morgan Hill, the channel wi 11 be covered from !\-la1 n Street to Dunne Avenue to
serve as a pathway and the City and SCS will work closely together to design the
channel for compatibility with Morgan Hill's Dmmto\\ITI Design Plan. ,Plantings
( and other architectural features will be used to mitigate the visual impact of
\...y the concrete channel.
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Attachment #4
Page 3 of 6
(Page 41 'of 128}
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4. Impact - Loss of privacy and dist~rbance to property owners by tres-
passers are likely to occur as a result of construction of access roads along
modified channels.
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Finding - Access roads are a neceSsary design feature of flood control-
channels morder to observe and maintain the channels. Unfortunately,
unauthorized vehicles use the roads as well. To reduce this problem, permanent
vehicle barriers will be installed ~here ne~ded for safety and to help prevent
access by trespassing vehicles. Signs will also be erected along the channel
at critical points stating that trespassing is prohibited.
S. Impact - Gilman Road Bridge, which is eligible for the National Register
of Historic Places and is identified as a stgnificant cultural resource in the
County General Plan, will be demolished.
Finding - The bridge, built in 19~1, dQes not meet current traffic safety
requirements and due to its narrow \\'idth ane! inadequate load capacity is there-
fore eligible for replacement upder the Federal Hig~way Bridge Replacement and
Rehabilitation Program. 111e Santa Clara County Transportation Agency intends to
apply to the Federal Highway Administration for funds to replace the bridge under
this program and will be respon ible for obtaining environmental clearance and
carrying out appropriate mitiga ion measure~. The indications are that preser-
vation of the'bridge will not b required by State ~nd Pederal reviewing agencies.
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Attachment #4
Page 4 of 6
(Page 51 of 123)
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AGENOA MEMORANDUM
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AGENOA DATE 12/22/81
ITEM NO.
7
UNIT Flood Control
ZONE S
PROJECT NO. 50S7
NAME tlagas Creek Watershed Project - PL 83-566
SUBJECT: Authorize Filing Notice of Completion and Circulation of Draft Environ-
mental Impact Report for Public Review; Resolution Calling a Public
Hearing on Draft Envrronmental Impact Report and Providing for Notice
Thereof
EXPLANATION:
The restudy of the Llagas Creek Watershed Project that began in early 1980 has
resulted in a revised project requiring two types of environmental clearance
procedures. A Finding of No Significant Impact/Negative Declaration was
prepared jointly by SCS and the District to assess stabilization and mitigation
of channels excavated by CALTRANS in 1971-72, while the Draft Environmental
Impact Statement/Report encompasses all proposed work relating to flood control.
The Draft EISjEIR, written to meet both NEPA and CEQA l'equirements evaluates
feasible alternatives to the proposed project, assesses the effects of the
proposed project and recommends appropriate mitigation of adverse impacts.
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The proposed project will modify or construct approximately 19 miles of channel
and provides' one percent flood protection for 13.8 miles of channel. Ten grade
stabilization structures and 34 road crossings will be installed. Flooding
from the one percent event would be eliminated on 946 acres of urban land and
1,280 acres in agricultural areas, Average annual floodwater and sediment damage
would be reduced from $917,300 to $83,000. Most of the flood protection will
occur in the urban areas of Gilroy and Morgan Hill. The cost of the project
is estimated to be $22,184,900 (in 1980 dollars).
The significant impacts of the project are the loss of an additional 80 acres
of agricultural land for right of way, removal of approximately 19 acres of
riparian habitat ranging from freshwater marsh to riparian woodland, reduction
in aesthetic values along some channels due to structural modification and loss
of vegetation, demolition of a bridge of historic importance (Gilman Road),
and probable loss of privacy and disturbance to residents by trespassers using
access roads along modified channels,
The adverse impacts on riparian habitat and aesthetic values will be mitigated
by planting native trees and shrubs along the channels. Installation of fish
ladders, plunge pools and low flow channels will allow steelhead trout to
continue upstream migration to spawning beds. Discussions are in progress with
appropriate state and federal agencies to develop a mitigation plan for loss of
the historically significant Gilman Road Bridge. Barriers and other protective
measures will be constructed to discourage unauthorized public use of District
channels.
CONTINUED
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I
RECOMMENDATION:
That the Board authorize filing of Notice of Completion of the
Draft ErR; authorize circulation of the Draft EIR by SCS, on
behalf of the District, for a period of 57 days; and adopt the
Resolution calling for a public hearing on February 10, 1982.
Attachment #4
-...----..........
Page 5 of 6
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T...'.--~~........
(Page 52 of 123)
52
Subject: Authorize Filing Notice of Completion and Circulation of Draft
Environmental Impact Report for Public Review; Resolution Calling a
Public Hearing on Draft Environmental Impact Report and Providing
for Notice 1bereof - 12/22/81
One of the most controversial issues that arose during the restudy was the
conflict between recreational interests who desire joint use of access roads
along the channels in the rural/agricultural areas, and property owners who
fear trespassing or restrictions to agricultural operations. After many meetings
\\lith all parties concerned, the Lorna Prieta Resources Conservation District
and Cavilan Water Conservation District; adopted identical resolutions stating
their opposition to development of a linear park or trail system in largely
"agricul tural areas until these areas urbanize and sufficient safeguards are
provided to adjacent landowners (Resolutions attached). In accord with the
two co-sponsors of the PL 566 project, staff is recommending that the Board
consider adoption of a resolution relative to joint use of District owned
channels in the Llagas Creek Watershed subsequent to public review period of
the Draft EIS/EIR. The Resolution (draft attached) states that the District
will not allow park or 'recreation uses of certain channels while adiacent lands
are designated in the County General Plan as "Resource Conservation Areas".
Presently, Reaches 1, 2, 3 and 4 are included within these agricultural areas.
The reaches of channel within the San ~lartin area are excluded as are those
reaches in the urban areas of Gilroy and Morgan Hill. No opposition to this
policy from the County Parks and Recreation Department is anticipated. A
. proposed draft resolution is attached for the purpose of discussion and public
'review.
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Attachment, #4
Page 6 of 6
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Sanla Clara Valley
Waler DiSlrid(j
s...
Fe 1025 (11/18/09)
Meeting Date:
Agenda Item:
Unclassified Manager:
Extension:
Director(s):
CONFORMED COpy
BOARD AGENDA MEMO
11/09/10
6
L. Lee
2927
Kamei, Mann
SUBJECT:
Resolution Making Findings as a Responsible Agency for the Initial
Study/Mitigated Negative Declaration and Approval of a Joint Use Agreement
with City of Gilroy for Lions Creek and West Branch Uagas Creek Trail
Between Kern Avenue and Farrell Avenue (District Parcels 5031-23, 24, 25,
56,57,58,59, and 5039-3,4, 5,6, 7,29, 37, 38,39,40,42)
RECOMMENDATION:
A. Consider the potential environmental effects of the trail discussed in the Initial
Study/Mitigated Negative Declaration prepared by the City of Gilroy (City) as the Lead
Agency;
B. Adopt the Resolution Making Findings Pursuant to the California Environmental Quality
Act for the Initial Study/Mitigated Negative Declaration for the Three Trails Project;
C. Approve the Joint Use Agreement;
D. Authorize the Chief Executive Officer to execute the Joint Use Agreement with the City;
and
E. Authorize the Chair to sign the proposed transmittal letter to the City.
SUMMARY:
The City of Gilroy (City) proposes construction of approximately 0.8 miles of pedestrian and bike
trail, including a pedestrian bridge, along the northerly bank of Lions Creek between Kern
Avenue and West Branch Uagas Creek and along the easterly bank of West Branch Uagas
Creek between Lions Creek and Farrell Avenue. The trail alignment is located within the
District's existing fee title right of way acquired for the PL-566 Uagas Creek flood protection
project improvements. The project includes paving a trail over existing dirt maintenance access
roads for Lions Creek and West Branch Uagas Creek, as well as a pedestrian bridge over West
Branch Uagas Creek, landscaping and signage. The project location is shown in Exhibit A of
the proposed JUA (Attachment 2).
Clean Safe Creeks Fundinq
APPROVED
NOV 9 2010
Page 1 of 3
SUBJECT:
Resolution Making Findings as a Responsible Agency for the Initial
Study/Mitigated Negative Declaration and Approval of a Joint Use Agreement
with City of Gilroy for Lions Creek and West Branch L1agas Creek Trail Between
Kern Avenue and Farrell Avenue (District Parcels 5031-23, 24, 25, 56, 57, 58,
59,and5039-3,4, 5, 6, 7,29,37, 38, 39,40,42)
On June 15, 2010, the Board approved Trails and Open Space grant funding in the amount of
$249, 550 for the portion of the trail located between Wren Avenue and Kern Avenue. The
District's Trails and Open Space Grant supports the Clean Safe Creeks and Natural Flood
Protection Program passed by the voters of Santa Clara County in the year 2000. In addition to
the District's grant funding, the City procured a California Safe Routes to School grant for this
trail project.
Joint Use Aqreement
The proposed Joint Use Agreement (JUA) will allow for the operation, construction,
maintenance and repair of a pedestrian and bike trail, including a pedestrian bridge, for public
recreational use on the District's property for Lions Creek and West Branch L1agas Creek. The
City will be responsible for all costs associated with trail and bridge construction, maintenance,
and public use, including litter removal, graffiti abatement, security patrol, and damage to
District facilities or City improvements. The JUA also includes provisions for City replacement of
the trail, at their discretion and cost, if needed for any District project. The term of the JUA is 25
years with an option for renewal. The JUA may be terminated for cause by either party upon 90
days prior written notice.
Resolution 82-30
District Resolution 82-30 (Attachment 4) was adopted by the Board on May 25, 1982, declaring
District policy to not permit public access to lands acquired for the Upper and Lower L1agas
Creek PL 566 Watershed (PL 566) projects while adjacent lands are within the areas
designated as "Resource Conservation Areas" in the land use plan of the General Plan of the
County. In the December 22, 1981 Board discussion leading to Resolution 82-30, it is explained
that the concerns were related to conflicts between recreational interests and property owners
fearing trespassing and restrictions to agricultural operations as identified by the Loma Prieta
Resources Conservation District and" Gavilan Water Conservation District. The discussion
further clarifies that Reaches 1,2,3, and 4 (PL 566 project reaches) are included in these
Resource Conservation Areas and that reaches of channel within the San Martin area and the
urban areas of Gilroy and Morgan Hill were to be excluded.
The portion of the City's trail project located between Kern Avenue and Wren Avenue is located
on Reach 12A of the PL 566 project, bisects the southern tip of an unincorporated portion of
County that extends into the City, and is surrounded on three sides by the City urban service
area. The land adjacent to the District's property in this area is designated as open space
reserve (a Resource Conservation Area) on the County's general plan map and is occupied by
three residential lots ranging from approximately one acre to two acres, one vacant lot
approximately three acres in size, and one larger vacant lot that is approximately 19 acres.
Only two of these lots are located on the trail-side of Lions Creek, and the City will be installing
fencing where needed to separate the trail from the adjacent properties. The City recently voted
to not certify a Supplemental Environmental Impact Report to include this unincorporated area
into the City's urban service area to allow for increased density residential development.
Page 2 of 3
SUBJECT:
Resolution Making Findings as a Responsible Agency for the Initial
Study/Mitigated Negative Declaration and Approval of a Joint Use Agreement
with City of Gilroy for Lions Creek and West Branch Uagas Creek Trail Between
Kern Avenue and Farrell Avenue (District Parcels 5031-23, 24, 25, 56, 57, 58,
59, and 5039-3,4, 5, 6, 7, 29,37,38, 39,40,42)
Although the adjacent lands meet the criteria of being in a Resource Conservation Area, they do
not meet the intent and clarifying information upon which Resolution 82-30 was based. It is
staff's interpretation that this portion of Lions Creek on Reach 12A is not subject to District
Resolution 82-30.
CEQA
The District, as a Responsible Agency, must consider the environmental impact of the proposed
trails in conjunction with approval of the Joint Use Agreement. Potential environmental impacts
resulting from approval of the proposed project were analyzed in the Initial Study/ Mitigated
Negative Declaration (IS/MND) prepared and approved by the City of Gilroy, the Lead Agency
under the California Environmental Quality Act (CEQA). CEQA requires that, before approving a
project, a Responsible Agency must consider the environmental evaluation and make its own
findings relative to significant adverse impacts and mitigation identified in the document. The
Initial Study/Mitigated Negative Declaration is available for review at the Clerk of the Board's
office. Findings required by CEQA are included in the Resolution (Attachment 3). The City of
Gilroy is responsible for implementing all mitigation identified in the IS/MND.
FINANCIAL IMPACT:
The District will benefit from the City's assumption of litter and graffiti maintenance
responsibilities for the portion of the District's right of way included in the joint use agreement.
The City assumes all other costs associated with the construction, maintenance, and public use
of the trail improvements.
A TT ACHMENTS:
Attachment 1: Proposed Transmittal Letter to City
Attachment 2: Joint Use Agreement
Attachment 3: Resolution Making Findings Pursuant to CEQA
Attachment 4: Resolution 82-30
Page 3 of 3