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11. Stevens Creek Corridor Phase IPUBLIC WORKS DEPARTMENT CUPERTtNO Summary AGENDA ITEM ~ ~ AGENDA DATE _ March 18, 2008 SUB.TECT AND ISSUE Report Stevens Creek Corridor Park Project -Phase I a. Approval of the Base Project Scope and Schedule of the Stevens Creek Corridor Park Project and Recommendations for Alternative Project Phasing and Scheduling of Construction into Phase I-A (Creek Restoration) and Phase I-B (Park and Trail Improvements) b. Approval of the Project Budget in the amount of $14,123,000 including a budget augmentation of $ 1,300,000 as proposed in this report from various sources. c. Adopt Resolution No.08- ~ 3 ,authorizing the City Manager to negotiate and execute Amendment No. 3 to the Agreement with HNTB Corporation, not to exceed $462,000 for project management and architectural services during construction for the bid, award and construction of Phase 1 A and 1 B of the Stevens Creek Corridor Park Project and providing an amount not to exceed $100,150 for additional services which may be approved as necessary by the Director of Public Works for a total contract amount of $ 2,037,000. d. Adopt Resolution No. 08- d3~ ,authorizing the City Manager to negotiate and execute an agreement with Swinerton Management & Consulting an amount not to exceed $575,000 for construction management services during construction for the bid, award and construction of Phase 1 A and 1 B of the Stevens Creek Corridor Park Project. ~ . e. .Adopt Resolution No. 08- f53 b ,authorizing the City Manager to negotiate and execute an agreement with the Santa Clara Valley Water District for a contribution grant of $ 803,768 for fish barrier removal and habitat enhancements. £ Authorization for the Director of Public Works to advertise and receive Bids -for the Phase I-A project (Engineer's Estimate of $ 2,685,000} and to advertise and receive Bids for the Phase I-B Project {Engineer's Estimate of $ 6,031,000). 1j-1 BACKGROUND On October 17, 2006, the City Council received a progress report on the Stevens Creek Corridor Project to consider alternatives to the project scope, budget and schedule. The Council approved the scope of the project as Phase I to include a trail system to be constructed from McClellan Ranch through Blackberry Farm. Along' with the trail, the original scope for the Phase I Project also included the construction or reconstruction of several structures including an environmental classroom, a new golf course maintenance building with restrooms for the patrons of the golf course, a new entry kiosk, picnic facilities, and some minor upgrades to the existing 4-H facilities. It also included the realignment, cleanup, removal of fish passage barriers including all three low flow crossings and landscape work for Stevens Creek, as well as the demolition and reconstruction of picnic and other areas in Blackberry Farm and the construction of the Stevens Creek Trail system from McClellan Ranch through Blackberry. Farm. Environmental Classroom It should be noted that the work on the creek and other areas in the Reach C area (northerly portion at the Stocklemeir home and orchard to Stevens Creek Boulevard) is not included in this phase but is to be provided for in a future Phase II project (see attached diagram}. In addition, while the .Environmental Classroom is a desired feature to be included in the park, it is only funded by a $251,000 grant from State Proposition 50 Bonds and additional funding of at least $1,000,000 will be required. As such, it is not included in the Phase I project scope and will be included in the fund raising efforts for Phase II, which will begin in FY 2008-2009. Scone and Progress of the Design and Bid Documents In addition to other actions noted above on October 17, 2006, the Council authorized the City Manager to negotiate and execute Amendment No. 2 to the Agreement with HNTB Corporation, not to exceed $975,000 for completion of architectural design, civil design, project management, and construction related management services for the bid, award and construction of Phase I of the Stevens Creek Corridor Park Project and extended the term of the agreement from December 31, 2006 to December 31, 2010 and provided an amount not to exceed $50,000 for additional services to be approved as necessary by the Director of Public Works for a total contract amount of $1,575,000. In accordance with the approved schedule, the design effort was suspended for 6 months, and was reinitiated in April 2007 and managed by the Parks and Recreation~Department. The Council specifically approved the funding for HNTB work on the entire Phase I scope but reserved consideration of final approval until such time as the construction PS&E (Plans, Specification and Estimates) was sufficiently completed to identify the final cost of the project before proceeding with the bidding process. In anticipation of that occurring in early 2008, the Council approved a General Fund addition to the FY 2007-2008 budget of $6,236,000 and an addition to the FY 2008-2009 Budget of $1,000,000. 1,1 - 2 McClellan Ranch Project In the swnmer of 2007, certain work at McClellan Ranch was separated from the main project and proceeded in the summer and fall of 2007 under the Parks and Recreation Department with a Federal Land and Water Conservation Crrant in collaboration with the San Jose Conservation Corps. This work is almost complete and includes the relocation of 4-H facilities, reconstruction of the pole barn, and the installation of interpretive signage and construction of a portion of the Trail within McClellan Ranch. A portion of the Creek project funding ($ 490,000) was transferred to the McClellan project for trail and other work at McClellan Ranch that needed to be done ahead of the main project. Project and Construction Management Transition Once the Phase I project had successfitlly reached the critical stage of preparation for engineering and construction, the management plan for the project had always been for a management transition of the project from the Parks and Recreation Department to the Department of Public Works during the construction documentation, bidding, and construction phases. In January 2008 that transition was put into effect by the City Manager. The Director of Public Works and staff begani to develop the project PS&E for bidding and construction. During the course of that effort in January and February of 2008, several issues relating to the restoration and realignment work on the Stevens Creek channel azose and were identified by the staff as significant risks to the success of the project both in the schedule and completion of construction. The issues were of significant enough concern to warrant reconsideration of the schedule, phasing and construction details of that aspect of the project. Construction Mara ement CMS In the early stages of the development of the design team and project scope of work, it was always contemplated that the services of an outside construction management firm would be acquired for the construction of Phase I. The original estimate of this work in 2006 was $200,000. However, in light of the fact that the project has been separated into two individual bid packages and other demands and complexities that have arisen during the constructability review, it has been deemed essential that a higher level of service from an independent construction manager be relied upon during construction. The current estimate of these costs is now $575,000 and is included in the proposed budget for the project. Swinerton Management & Consulting was interviewed and was deemed most qualified in the selection process for CM services in mid 2007. Swinerton will dedicate a CM team with direct and relevant experience in creek and environmental restoration work that will work hand in hand with HNTB's design team members who also have significant creek and environmental construction experience. This combination will provide the City with high quality construction phase management with a clear sepazation of design quality assurance from any potential of construction issue resolution. 11 -3 The recommendations in this report include additional project phasing and a review of the project budget necessary to complete Phase I of the Stevens Creek Pazk Corridor Project. All of the implications of these issues and the recommendations to resolve them must now be carefully considered to assure that the timing, completion and final outcome and appearance of the project will be able to meet the expectations of the Council and the Community. ANALYSIS As has been noted before, this particulaz project is extremely complex with various types of work spread over a large area of the park, including a variety of permits to be sought by staff and the consultants. At the point of the transfer of responsibility for project construction to the Public Works Department in January of 2008 as noted above, a comprehensive review of the project scope, estimate, schedule and constructability was begun and was completed in February, 2008.This effort was completed in preparation for this report to the City Council in anticipation of advertising the project for competitive bidding and award of the contracts for construction. Construction Phasing - Phase I-A (Creek) and Phase I-B (Park and Trail) The project breaks down into two discrete scopes of work that aze very different types of construction not easily combined into one construction contract. The first of these two scopes includes all the work of realigning and restoring a segment of Stevens Creek through Horseshoe Bend adjacent to the west picnic area, . includes a new bridge over the creek to the west picnic area. This work has been designated Phase I-A. . The other scope of work includes all the work of constructing the trail from McClellan Ranch up the east side of the creek where the existing golf maintenance building (to be demolished) is located_ In addition this phase will demolish certain other facilities and construct a new 800 person capacity picnic area on the west side of Stevens Creek,. a golf maintenance building with"restrooms for the golfers, a new entry kiosk, upgrades to the pool electrical system and a new parking lot with a "green" engineered surface and solar panels on~ the maintenance building along with other site work and landscaping. A summary description of the Installation of Solaz Panels and the "Green" Engineering of the Parking Lot is provided in Attachment `C'. This work has been designated as Phase I-B. The reasons that staff opted to separate these two scopes of work were essentially timing and bidding like work for contractors #o efficiently price their bids. First, Phase I-A is severely constrained by the limitations by various agencies on allowable times to work in the creek, i.e., from June 15 to October I S and the other work is not. Secondly, the two phases are completely different types of. work: the creek work is typically done by civil engineering contractors and the park and trail work are usually done by building contractors. To combine the two would be costly and inefficient and would likely limit the field of bidders. An analogy would be to attempt to bid a project that includes both a freeway interchange and the construction of a library to the same general contractor. 4~ - a Budget The current project budget is provided from previous years and from the Adopted 2007- 2008 Five-Yeaz Capital Improvement Program (CIP) and is summarized as follows: Prior City General Funds $ 601,000 Enterprise Funds (FY OS-06} 680,000 Approved Grant Funds $3,729,000 General Funds (FY 07-08} 7,301,000 General Funds (FY 08-09) 1,000,000 Transfer to McClellan Pra'ect 491 000 Total Current Project Budget Project Costs $12,819,000 The current estimates as shown in the table in Attachment `A'for construction, have been reviewed by staff with the consultant team and are as follows: Master Plan and Environmental (FY OS-06) $ 583,000 Design and Construction Services 2,037,000 Admire, Fees, Site Maintenance 812,000 Construction Management 575,000 Construction $,716,000 Construction Contingency 1 400 000 Total Project Cost $14,123,000 Addifional Funding PROJECT COST (3-18-08) ~ $14,123,000 PRJECT BUDGET (FY Ob-07 through FY OS-09} (12,819,000) Additional Funding Required to Bid Phases I-A and I-B ~ 1,3~~~~~~ (rounded) Funding Sources Proposed: Green Project Fund Balance $ 490,000 Lawrence - Mitty Park 810,000 (Balance = $ 165,000} Total $ 1,300,000 ?-5 Several individual project components have either increased or decreased in cost as the scope of the project became more refined and the design and cost estimates more precise. However, the main source of the increase is. almost entirely attributable to the need to completely reconstruct the parking lot using eco-friendly surfaces and the installation of the solar panels on the golf maintenance building. Neither of these elements was in the original scope of the project. FISCAL IMPACT The fiscal impact of the situation as it currently exists would be to utilize the funding for unspecified "Green" projects to pay for the solar panels and a portion of the environmentally enhanced parking lot, and to shift funds from the proposed Lawrence- Mitty Park to the Stevens Creek Park. The Lawrence-Nifty Park is unlikely to develop to a stage of acquisition in FY 07-08. However, the balance of funds ($165,000) could be available to conduct appraisals and do some preliminazy site planning for the proposed P~'k- The positive impact is that no funding from the CIl' Reserve would be required. The current balance of approximately $ 2.6 Million can be retained for the Council's future consideration of the Lawrence-Nifty Park or other worthy projects. It will also be important to maintain the reserve as a hedge against the still volatile bidding environment for both Phases I-A and I-B STAFF RECONIlVIi'1NDATIONS a) Approval of the Base Project Scope and Schedule of the Stevens Creek Corridor Park Project and Recommendations for Alternative Project Phasing and Scheduling of Construction into Phase I-A (Creek Restoration) and Phase I-B (Park and Trail Improvements) b) Approval of the Project Budget in the amount of $14, I23 Million including a budget augmentation of $ I,300,000 as proposed in this report from various sources. c) Adopt Resolution No.08-. ,authorizing the City Manager to negotiate and execute Amendment No. 3 to the Agreement .with HNTB Corporation, not to exceed $462,000 for project management, and construction related architectural services for the bid, award and construction of Phase lA and 1B of the Stevens Creek Corridor Park Project and providing an amount not to exceed $100,150 for additional services which may be approved as necessary by the Director of Public Works for a total contract amount of $ 2,032,000. d) Adopt Resolution No. 08- ,authorizing the City Manager to negotiate and execute an agreement with Swinerton Management & Consulting an amount not to exceed $575,000 for construction management services during construction for the bid, awazd and construction of Phase 1 A and 1 B of the Stevens Creek Corridor Pazk Project. ~~ - s e) Adopt Resolution No. 08- ,authorizing the City Manager to negotiate and execute an agreement with the Santa Clara Valley Water District for a contribution grant of $ 803,768 for fish barrier removal and habitat enhancements f) Authorization for the Director of Public Works to advertise and receive Bids for the Phase I-A project (Engineer's Estimate of $ 2,685,000} and to advertise and receive Bids for the Phase I-B Project {Engineer's Estimate of $ 6,031,000). Submitted by: ~,C1 G~C.cuC,~ s Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager 1~-7 ATTACHMENT `A' CUPERTINO CREEK PARK PROJECT COST ESTIMATE COMPARISON - 3-18-08 {rounded to $1,000's) Item Cost Estimate 10-/17!06 Pre-Bid Estimate 3-18-08 Master Plan/CEQA $ 583,000 $ 583,000 Design (HNTB) 1,575,000 2,037,000 Admin/Permits/Fees 479,000 812,000 Design Contingency 300,000 0 Construct. Mgmt (Swinerton) 200,000 575,000 Phase I Construction 7,061,000 ~ 8,716,000 Construction Contingency 1,000,000 1,400,000 Project Reserve Fund 1,000,000 0 Approved Budget To Date FY 07-08 (12,819,000) Tota[ $ 12,198,000 $ 14,123,000 Additional Funding Required to Bid Project Phases 1A 8~ 16 $ 1,300,000 (Rounded for Budget Est.) Funding Sources Proposed: Green Project Fund Balance $ 490,000 Lawrence - Mitty Park 810,000 (Balance = $ 165,000)* Total $ 1,300,000 *{$ 165,000 proposed to be used for appraisals and site planning for Lawerence-Mitty Park) LEGEND PROPOSED STREAM REALIGNMENT ~ ~ ~ ~ ~ ~ ABANDONED STREAM CHANNEL ~,~ STEVENS CREEK TRAIL ~~~. - -- - ~~ ~`...~ J' -~ " ~- ~rrm~rtniri~rm' ~ -- `~ I ,1~" ~ 7, , ^ , ..,1t ~ ...._.. ~•- - ` ~ _ $~ gTpcict'd-~ela~sl~J ~~ ~; _r--. ,\ ~~ a -i ...-. '' , i c:~ ~~ 4 ~ . -•~ ~~ "[~,• _ l J~'~~ _ ~ t.,.:. ~r }r - ... -.. I ~ ~, I ¢~ 0~ ,_~~ 1, ~ 7 ~ ; ... ~~i.~ ,ty rj '! ~... ~ ..~ .~,~ .. I ICI O-' -- l .. •. ~ I. - ~• j ~ _ "~ ~~ . ,, , . ,; ~~ ~j, ~. ~, ~, r .. ~ v~ ~ m -'ffi t1 ` ,,,. ~ 5 t ~`°T ` •~ I I (~„ I Y i~ ~ '•} ~~~ ~ I ~ McGL2LLAN (.~ +• t i' , ) _ j~,~~ ~' _~ t 'I ! ~ ~ ._I~ ~ ~ ARCA It 1 1 •.rl~[ .LJ ` ~~ 1 ~~~ ~'~, V ~~ ~ ~ ^. [/ \iI / __'~~ ~\ ~~~~'HASE O •,I~ I ~• ^ ^~~li; a~iJ^ ..r ~~ ^ i~ ~ ti ~r ~. ~ P,HA~E ON ~ _ 1,;_ ~, ~,~ r..l ;' , l j' )~ 1fJ~ H I ~ ~ , ~v'i1 r • ,~ ~ t`ri, r~ .per .~.: F~ V r.~ ~,f, ~~- I ~ ^` ._.. ^ ~..._...~ -s • .., , ~' - /~ ~.. ~; - r • `~ r ,. ~ - `,` to .. f y~^ r ^ .. ~ J ~ ~i r I .. lJ ` } '''•~ 7 ~ L •; tl. . 1 I ~v { _ j I i .. ~p }r~* 4 I• 1 ~ lJ4STIN6 l IO~ ~ FIELD ~ O ~~- _~• l 1' 1 ,,~ - ~ f, , ,. ~ - ~ .~ ~~. d i j~ _P ..~ ~`, :~ ~- ~y .z ~ ., ,- ~~;~,, I ;/ \:. ~, ` STEVENS CREEK CORRIDOR PARK PROJECT CITY OF CUPERTINO MF ~ "'H 2Q08 . NORTH aRAPffiC SCALE ~ o ,~ ,ao x~ ,~ ~o tr.~~ 1 inch = 100 ft. EXHIBIT C Stevens Creek Corridor Park and Stream Restoration "Green" Design & Construction Elements The Stevens Creek Corridor improvements project incorporates a variety of environmentally friendly design elements. AI#hough the Green Building Council's LEED certification process does not apply to projects of this type, the design responds to the "green" building goals in the manner described below. PARKING AREA The current parking lot is made of asphalt. The paving extends all the way to the creek bank, and there are no trees or plantings within the parking lot. The pavement is at the end of i#s use life and has extensive failures. The tot is sized #o handle up to 900 vehicles. The proposed parking area is divided into ayear-round lot and asummer-season lot. The new parking will have the following environmental advantages: • Constructed of pervious surfacing material • Drains to a vegetated bioswale • Allows natural infiltration of rainwater and natural cleansing through percolation • Helps recharge the aquifer • .Greatly reduces runoff to the creek and will protect creek water quali#y • Includes trees and planter beds within the parking area for natural cooling and aesthetic improvement • Is made of non-petroleum-based, environmentally-friendly products • Substantially reduces the parking area footprint • Provides a buffer of plantings between the parking lot and the creek The year-round parking lot has the following features: • Located at the entry to the pools, picnic area and trail • Made of pervious, ail-weather material suitable for winter and wet-weather use • Contains fully accessible parking stalls at the entry • Provides 60 parking spaces The summer season parking !ot has the following features: • Uses "meadow" grasses supported by turf rings suitable for vehicle loading • Open during the 100-day picnic season at Blackberry Farm • Replaces asphalt with a green meadow area • Is compatible with the adjacent creek and can serve as a natural floodplain as needed • Eliminates the urban "heat-island" effect caused by large expanses of traditional paving • Improves the visitor experience and neighbors' viewsheds with an attractive expanse of grasses and plantings • Provides approximately 250 festival-style parking spaces GOLF MAINTENANCE BUILDING SOLAR PANELS The new golf maintenance building will provide storage for golf.sourse equipment and accommodate light maintenance activity. It will also include a public restroom for golfers. Although LEED standards are oriented toward occupied structures such as office buildings and there is no certifcation category for this type of structure, the building uses 'green' design elements including: • Low-flow toilet fixtures in restroom ~~-~o • Fluorescent light fixtures • Skylights to take advantage of natural light . • Structure made of metal, which can be recycled • Maintenance yard includes a system to capture grass clipping washoff from mowers • Moves the golf maintenance function out of the flood plain • Solar panels proposed.for roof The roof of the new maintenance building is well suited for use. of solar panels to generate electricity. It has a very good sun orientation, and adequate distance from nearby trees that would cause shading problems. A solar panel system is recommended as follows: • Use panels that produce about 10 watts per square foot • Install on the south-facing portion of the roof • System provides approximately 13,600 kilowatt-hours annually {8,000 watts AC) of power • More than offsets the new golf maintenance building power use, even assuming all- electric equipment in the future • Provides extra power that can be used to offset operating requirements at Blackberry Farm and reduce electricity bills • Saves approximately $1,850 in electricity costs the first year Various other elements of the project design are environmentally friendly. Some the "green" elements are: • Use of locally-native plants that require minimal watering and minimal maintenance • Selection of native plants that provide improved wildlife habitat • Use of "bio-technical" methods to stabilize the creek banks and channel--use of logs and boulders instead of concrete, riprap, and secrete • Habitat improvements including removal of barriers to fish passage for steelhead and improved spawning and rearing habitat • Re-use on-site material to the extent feasible o Use removed topsoil elsewhere on site for plantings ' o Place gravels exgavated from the new channel location in the new creek bed o Use removed tree #runks in the new channel as slope stabilization elements and "fish furniture" o Restore and reuse existing picnic tables o Use existing asphalt driveway paving for circulation routes in lieu of constructing new paving ' 11 - 11 DRAFT RESOLUTION N0.08-034 ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AMENDMENT N0.3 TO THE AGREEMENT WITH HNTB CORPORATION FOR PROJECT MANAGEMENT, CONSTRUCTION RELATED ARCHITECTURAL SERVICES AND FOR ADDITIONAL SERVICES WHICH MAY BE APPROVED AS NECESSARY BY THE DIRECTOR OF PUBLIC WORKS FOR THE STEVENS CREEK CORRIDOR PARK PROJECT, PHASE lA AND 1B WHEREAS, on April 18, 2006, City Council adopted Resolution No. 06-075 authorizng the City Manager to negotiate and execute an initial agreement between the City of Cupertino and HNIB Corporation, for design, project management, and construction management services for Stevens Creek Corridor Park, not to exceed $400,000; and, WHEREAS, on August 15, 2006, City Council adopted Resolution No. 06-145 authorizing the City Manager to negotiate and execute Amendment No. 1 to the agreement for continued architectural design, civil design, project and construction management services, not to exceed $100,000, extending the term of the agreement from October of 2006 to December 31, 2006, and providing an amount not to exceed $50,000 for additional services which could be approved as necessary by the Director of Public Works, for a total contract amount of $550,000; and, WHEREAS, on October 17, 200b, City Council adopted Resolution No. 06-174, authorizing the City Manager to negotiate and execute Amendment No. 2 to the agreement for the completion of architectural design, civil design, project and construction management services for the bid, award and construction of Fhase 1 of the Stevens Creek Corridor Fark Project, extending the term of the agreement from December 31, 2006 to December 31, 2010, providing an additional amount of $975,000, and providing an additional amount of $50,000 for additional services, which may be approved as necessary by the Director of Public Works, for a total contract amount not to exceed $1,575,000; and, WHEREAS, Amendment No. 3 to the agreement will allow for project management and architectural services during construction for the bid, award and construction of Phase lA and 1B of the Stevens Creek Corridor Park Project and provide an amount 'not to exceed $100,150 for additional services which maybe approved as necessary by the Director of Public Works for a total contract amount of $ 2,037,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute Amendment No. 3 to the agreement with HNTB Corporation. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of March 2008, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 11 - 12 DRAFT RESOLUTION N0.08-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SWINERTON MANAGEMENT & CONSULTING, INC., FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE STEVENS CREEK CORRIDOR PARK PROJECT, PHASE lA AND 1B WHEREAS, Swinerton Management and Consulting, Inc was interviewed in a selection process for CM Services for the Stevens Creek Corridor Park Project and, WHEREAS, Swinerton Management & Consulting, Inc. was deemed the most qualified and has the necessary expertise, skill and resources to perform the construction management services related to creek-and environmental restoration work; and WHEREAS, Swinerton Management & Consulting, Inc. will collaborate with HNTB'S design team members to provide a high quality of construction phase management for the project. NOW, THEREFORE, LET IT BE RESOLVED, that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute an agreement with Swinerton Management & Consulting, Inc. for construction management services during construction for the bid, award and construction of Phase lA and 1B of the Stevens Creek Corridor Park Project, not to exceed $575,000. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of March 2008, by the following vote: Vote Members of the C~ Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 11 - 13 DRAFT RESOLUTION N0.08-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE SANTA CLARA VALLEY WATER DISTRICT FOR A CONTRIBUTION GRANT FOR FISH BARRIER REMOVAL AND HABITAT ENHANCEMENTS RELATED TO THE STEVENS CREEK CORRIDOR PARK PROJECT, FHASE lA AND 1B WHEREAS, City of Cupertino (CITY) and the Santa Clara Valley Water District {DISTRICT} entered into an agreement vn July 23, 2004 to develop a master plan for the re-development of Blackberry Farm and Stevens Creek; and, WHEREAS, the Master Plan and Environmental Clearance document for the Stevens Creek Corridor (SCC) were completed on June 20, 2006; and, WHEREAS, CITY has identified a first phase project for construction, which includes the removal of barriers to fish passage, creek restoration and riparian plantings, and the creation of wetlands areas; and, WHEREAS, DISTRICT has committed to the community, under the voter approved Clean, Safe Creeks, and Natural Flood Protection Program (CSC Program), to create additional riparian habitat; and, WHEREAS, CITY has received grant funding from outside sources in support of the Phase I project; and has also successfully competed for DISTRICT Clean Safe Creek enhancement grant funding; and WHEREAS, DISTRICT has initiated a Settlement Agreement Regarding Water Rights of the Santa Clara Valley Water DISTRICT on Coyote, Guadalupe, and Stevens Creek (FARCE SETTLEMENT) as part of the Fisheries and Aquatic Habitat Collaborative Effort (FARCE) program; and WHEREAS, SCC is located within DISTRICT'S Cold Water Management Zone identified in the draft FARCE Settlement. As a result of the FARCE Settlement, DISTRICT is to remove certain barriers to steelhead trout migration, undertake a stream restoration project, and implement habitat restoration. NOW, THEREFORE, LET IT BE RESOLVED, that the DISTRICT and CITY desire to jointly engage in the construction of the first phase of the SCC Project to provide for creek restoration and protection of local wildlife. NOW, THEREFORE, LET IT BE FURTHER RESOLVED, that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute an agreement with the Santa Clara Valley Water District for a contribution grant of 11 - 14 $803,768 for fish barrier removal and habitat enhancements related to the Steven Creek Corridor Park Project, Phase lA and 1B. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of March 2008, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: AB STAJ:N: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 11 - 15