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04-085 Stevens Creek Corridor Restoration Partnership & Action PlanENACTED COPY -Contract Admin. Unit AGMT. # ~ F15 g Ileq. # ~`I'a'- -1 AGREEMENT ~ ~ ~ ° ~ ~~' Stevens Creek Corridor Restoration (Within Blackberry Farm and ether City-Owned Properties) Partnership and Collaborative Action Plan This AGREEMENT is made and entered into o~i ~ , 2004, by and between the City of Cupertino (CITY) and the Santa Clara Valle Water District (DISTRICT), also referred to as Party or collectively as PARTII=;S, for the development of a Master Plan for STEVENS CREEK CORRIDOR (SCC). RECITALS WHEREAS, CITY provides a broad range of municipal services to the citizens of Cupertino, including but not limited to parks and recreation :services; and WHEREAS, CITY sought to develop a master plan for CITY property along Stevens Creek between Stevens Creek Boulevard and McClellan Road (SCC) and in March 2003, undertook a public comment process to define potential park rises; and WHEREAS, the public comment process identified recommendations for changes to the Blackberry Farm area including: reducing the size of the picnic area, removal of fish barriers, creek restoration and other changes; and WHEREAS, the preferred conceptual alternative, attached as EXHIBIT A, has received preliminary support by the Cupertino Parks and Recreation Commission and City Council and this concept is the basis for the ongoing master planning effort; and WHEREAS, CITY is seeking to engage the DISTRICT'S scientific and technical expertise to ensure that valuable environmental resources witltin SCC are protected and enhanced; and WHEREAS, one of DISTRICT's primary purp~~ses is watershed stewardship which includes conserving and managing of waters for beneficial and useful purposes; enhancing, protecting and restoring creeks, riparian corridors and natural resources in the watersheds of Santa Clara County; and WHEREAS, SCC is located within DISTRICT':: Fisheries Management Zone identified in the Fisheries and Aquatic Habitat Collaborative Effort (FARCE) Settlement. As a result of the FARCE Settlement, DISTRICT is obligated to remove certain barriers to steelhead trout migration, complete a geomorphologically based stream restoration project, and complete an in- stream and streamside habitat restoration project on Stevens Creek; and WHEREAS, DISTRICT has committed to the community, under the voter approved Clean, Safe Creeks and Natural Flood Protection Program (C'SC Program), to provide access to 70 miles of open space or trails along creeks; and Page 1 of 10 WHEREAS, DISTRICT has committed to the community, under the voter approved Clean, Safe Creeks and Natural Flood Protection Program (CSC Program), to create additional wetlands, riparian habitat and favorable stream conditions for fisheries equivalent to 100 acres of environmental enhancement. WHEREAS, DISTRICT has a need for mitigation to compensate for impacts resulting from DISTRICT's Stream Maintenance Program (SMP); and WHEREAS, DISTRICT has easement and fee title property within the master plan area; and WHEREAS, CITY and DISTRICT each have an interest to provide open space, trails and other public recreational opportunities, to protect and. restore creeks, riparian corridors and natural resources within their jurisdiction; and NOW, DISTRICT and CITY desire to jointly en3;age in the planning process and environmental review for the Stevens Creek Corridor Master Plan to provide for public recreational opportunities, creek restoration and protection. NOW, THEREFORE, for the consideration ar~d upon the terms and conditions hereinafter specified, it is agreed as follows: I. PROJECT DESCRIPTION & MUTUAL OBJECTIVES A. Project Description The project is to develop a master plan for the cc-nversion of a regional picnicking business to a park with an environmental emphasis and a restored creek. The project area consists entirely of CITY and DISTRICT property located between Stevens Creek Boulevard and McClellan Road in the City of Cupertino. The preferred conceptual alterative for Stevens Creek Corridor Park is attached as EXHIBIT A. The Blackberry Farm picnic facilities are proposed to be reduced from a capacity of 4,000 to a capacity of 500. Educational and environmental elements are proposed to be added and a portion of the Stevens Creek trail is proposed to pass through the corridor. Portions of the golf course are proposed to be re-configured along with parking facilities and other infrastructure. The stream corridor habitat would be restored and fish barriers and rock armoring removed. The CITY and DISTRICT anticipate that the implementation of the Master Plan will be conducted in several phases including: • Master Planning and Environmental Review -The general planning phase addressed by this agreement. • Project Specific Planning -Planning and budgeting for specific project elements identified in the Master Plan. • Project Specific Design -Preparation of design plans and specifications for a specific project element identified in the Master Plan. Page 2 of 10 • Project Specific Construction -Construction of a specific project element identified in the Master Plan. The first phase of the master planning process will cover the entire project area and result in an overall plan with environmental review. Sub:~equent phases will focus on project specific elements (projects) identified in the Master Plari. Funding for the partnership elements of the subsequent phases and projects will need to be codified in separate agreements or amendments to this agreement. B. Mutual Objectives CITY and DISTRICT agree to mutual goals for the Stevens Creek Corridor, including: • Develop a Master Plan that integrates CITY and DISTRICT goals and integrates all design elements from Stevens Creek Boulevard to McClellan Road • Plan for phased implementation of Master Plan elements to address funding, site transfers, service interruptions and other issues • Plan to maximize ecosystem processes that are sustainable and self-maintaining which minimizes invasive species management and remove non-native vegetation over time to restore ecological processes • Preserve and restore the natural environment of the creek corridor for park users and as a habitat for wildlife • Protect and restore riparian and aquatic habitat along the creek corridor • Provide for members of the community to enjoy the property in the creek corridor year-round and serve more residents • Minimize the effects of park operations on surrounding residents and on the creek corridor • Provide a trail or trails compatible with the n~~tural setting that will accommodate a variety of trail users, with appropriate routing of path;, points, overlooks, vegetative screening, and site-specific interpretive elements • Acknowledge and interpret the history of the area through a series of historical markers and through the preservation of buildings at McClellan Ranch and Stocklmeir property • Encourage educational uses of the creek corridor and support environmental programming at McClellan Ranch • Improve the habitat for steelhead trout II. SPECIFIC PROVISIONS 1. Project Manger Page 3 of 10 CITY will act as the Project Manager for the development of the Stevens Creek Corridor Master Plan and will administer all consultant contracts. CITY will provide the DISTRICT with updated project schedules, expenditures reports, and copies of all correspondence with consultants. 2. Consultant Services CITY shall contract with the appropriate consultants to accomplish the following: A. Park Master Plan; which includes, but is not limited to, an analysis and detail plan of the preferred conceptual alternative alon;; with restoration opportunities for fish barrier removal, creek and riparian corridor resto~°ation. B. Creek Restoration Plan; which includes, but is not limited to, plans and specifications for establishing and planting restoration a~~eas identified in the Master Plan C. Geomorphic and Hydraulic Analysis; which includes, but is not limited to, a qualitative assessment of the creek bed a~ld bank stability with recommendations for the Master Plan. D. Traffic Study; which includes, but is not limited to, the evaluation of the traffic demand attributable to the various elements of the Master Plan. E. CEQA Initial Study-(IS); which includes, but is not limited to, preparation of the IS-in accordance with CEQA guidelines, CITE' and DISTRICT requirements. If a Mitigated Negative Declaration (MND) is the appropriate CEQA document, a MND shall be included with this work item. 3. California Environmental Quality Act (CE(2A) Document CITY shall act as the Primary lead agenc~~ and project proponent as described by CEQA. CITY shall be responsible for the processing of, and approval of, the necessary CEQA document. If the IS determines that a MND is the appropriate CEQA document, the prescribed CEQA steps shall be followed for the adoption of the MND by CITY. The CEQA document shall be developed in accordance with current acceptable standards for CEQA documents. As a secondary lead agency and secondary project proponent, DISTRICT shall subsequently approve the CEQA document. DISTRICT legal counsel shall review and approve the CEQA document prior to DISTRICT approval. DISTRICT may at its sole discretion, develop its own "Findings" and Basis of Findin;~s" for the Mitigated Negative Declaration for DISTRICT approval. If the Initial Study or a court decision determines that a Mitigated Negative Declaration is not the appropriate CEQA document for the SC(~ Master Plan, the parties agree that no further actions will be taken under the agreement and the parties agree to re-negotiate the terms of this Agreement. Page 4 of 10 4. Outreach & Public Participation CITY shall be responsible for developi~ig, implementing and coordinating a public participation plan that includes the public in the development of the Master Plan and meets the requirements for public notification and participation for CEQA. City agrees to use the District public participation process as a minimum level for public participation 5. Staff Support DISTRICT shall provide staff support for attending project team meetings, attending outreach and public participation meetings and reviewing documents. DISTRICT shall also provide expert opinions regarding hydraulics, biological and environmental aspects of the project. DISTRICT written expert biological opinions shall prevail regarding conflicts with consultants. ~v. o~ 6. Consultant Contract Costs .~ 3 a 3, a ~ y ~ • 3 A. The consultant cost for~the development of the SCC Plan as described in above is estimated at D.,,~;°_-;•-~..» P t; -- ~ Q~n2 nnn~_ CITY will be responsible for payment of all consultant invoices and administration of the consultant contract. ~,~,~ ~i 3 9, y y 7, ~ o ~ •'s °' °~f B. DISTRICT shall reimburse CITY not t~~ exceed ,,~ nnd' as shown in EXHIBIT C, attached, for the consultant's work in the development of the Creek Restoration Plan, Geomorphic and Hydraulics Analysis and the CEQA Initial Study/Mitigated Negative Declaration document. DISTRICT'S C)'~ief Executive Officer is authorized to increase DISTRICT reimbursement amount by up to 15%. C. CITY will invoice DISTRICT monthly based on the invoices received by CITY from the consultants working on the project item that DISTRICT is cost-sharing and in accordance with the percent (%) of cost-sharing amount shown in EXHIBIT C. DISTRICT shall pay invoice from CITY within 45 days. CITY will be responsible for payment of all consultant invoices. CITY will provide, with the monthly invoice to DISTRICT a summary spreadsheet showing each consultant work task, the percent completion, hours and money allocated to the work task and percent spent of the hours and money for each project item included on the invoice. 7. Other Costs All staff costs, overhead and other similar expenses shall be bore by the CITY or DISTRICT, whichever incurs the cost. III. GENERAL PROVISIONS 8. Term of the Agreement Term of the Agreement shall be for a period of 3 years from /v ~~G' y ~~ ~o+ 9. Assignability Both CITY and DISTRICT agree that particular work assignments have been made in the interest of dividing the work up to complete th~~ Project. Without the written consent of the other, neither CITY or DISTRICT shall assign o:r transfer any interest in this Agreement or any of the obligations hereunder except to contractors or consultants working directly for them. Any unauthorized attempt by CITY or DISTRICT to assign or transfer shall be void and of no effect. Page 5 of 9 10. Indemnification The CITY and DISTRICT shall each defend, indemnify, and hold harmless the other party, its directors, council members, employees, and agents against any claim, loss or liability arising out of or resulting in any way from work performed under this Agreement due to the willful or negligent acts (active or passive) or omissions by the CITY or DISTRICT or it's directors, council members, employees, and agents. 11. Nondiscrimination CITY and DISTRICT shall not discriminate, in any way, against any person in connection with or related to the performance oi~ this Agreement because he/she is a veteran or because of a physical or mental disability (including HIV and AIDS), nor on the basis of race, color, religion, gender, national origin, ancestry, marital status, sexual orientation, age (over 40), medical condition (cancer) parental status, pregn~incy, the exercise of family care leave rights, or political affiliation. 12. Termination A. CITY or DISTRICT shall have the right to terminate this Agreement, without cause, by giving not less than athree-month written notice of termination to the other PARTY. B. If either CITY or DISTRICT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the other PARTY may terminate this Agreement immediately upon written notice. C. The City Manager of CITY and the Chief Executive Officer of DISTRICT are empowered to terminate this Agreement on behalf of their respective agencies. D. In event of termination, CITY and DISTRICT shall deliver to the other PARTY, upon request, copies of reports, documents, and other work performed by either PARTY under this Agreement. The cost of work performed under this agreement to the date of termination shall be due and payable in proportion to the amount of work completed and in accordance with Provision 7 (Reimbursement Schedule). 13. Governing Law and Compliance with Laws CITY and DISTRICT agree that California law shall govern this Agreement. In the performance of this Agreement CITY and DIS'T'RICT shall comply with all applicable laws, ordinances, codes and regulations of the federal, ~~tate, and local government. 14. Ownership of Materials A. All reports, documents, or other materials developed or discovered by either CITY or DISTRICT or any other person engaged directly or indirectly by them to perform the services required hereunder shall be and remain the mutual property of both PARTIES without restriction or limitation upon their use. CITY and DISTR[CT shall make available to the other PARTY such other records under its control as may be reasonably required for the PARTIES to perform under this Agreement. Page 6 of 10 B. CITY and DISTRICT shall maintain all documents and records produced under this Agreement for a minimum period of three years, of or any longer period required by law, from the date of termination or completion of this Agreement. 15. Notification Any and all notices or other communiartions required to be given hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed as specified below or as later amended in writing: CITY DISTRICT City of Cupertino Santa Clara Valley Water District 10300 Torre Avenue 5750 Almaden Expressway Cupertino, CA 95014 San Jose, California 95118-3614 Attn.: City Manager Attn.: Chief Executive Officer 16. Successors and Assigns This Agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind the successors and assigns of the CITY and ]DISTRICT. 17. Signing by Counterpart This Agreement may be signed in counterpart and each signed document shall constitute the whole as if a single document was signed by PARTIES. 18. Venue In the event that suit shall be brought b:,~ either CITY or DISTRICT, each agrees that venue shall be exclusively vested in the state cow-ts of either the County of Santa Clara, or in the United States Court, Northern District of California, in San Jose, California. 19. Disputes A. This Agreement requires that CITY ~~nd DISTRICT work together in good faith to achieve the intent of this Agreement. In the event that a dispute arises as to the proper interpretation of the respective obligations ar~d responsibilities of the parties under this Agreement, or as to any other aspect of this Agreement, CITY and DISTRICT agree that they each will assign the appropriate individuals to meet and make good faith efforts to negotiate in order to arrive at a resolution of the dispute. B. If after employing this informal resolution process either CITY or DISTRICT may request an independent, mutually agreed upon mediator to facilitate further negotiation with the costs shared equally between each PARTY. Hov~~ever, nothing herein shall prevent either CITY or DISTRICT from exercising any rights it may have to enforce the terms of this Agreement at law or in equity. 20. Waiver The CITY and DISTRICT agree that waiver by either PARTY of any breach or violation of any term or condition of this Agreement shall not be deemed to a waiver of any other term of condition contained herein or a waiver of any subsequent breach or violation of the same or any Page 7 of 10 other term or condition. The acceptance by a. PARTY of the performance of any work or services by the other PARTY shall not be deemed to be a waiver of any term or condition of this Agreement. 21. Amendments This Agreement may be amended, upon tnutual agreement of the City Manager of CITY and the Chief Executive Officer of DISTRICT in writing. CITY OF CUPERTINO BY~ W ~. Z.3, Oaf David W. Knapp City Manager Date _ p?~ , a~Q,~ ATTEST: City Clerk ATTEST: e of the Board APPROVED AS TO FORM APP OVED AS TO ORM ~~~ City Attorney Ass' tart General Counsel g:\parks and recreation admin\1 stevens creek corridor\agreements\blackberry farm agreementv5.doc DISTRICT lr/ Stanl illiams Chief Executive Officer Date ~ ~ 3 Page 8 of 10 .. _ _ _ .~ _._ _ _ .~ ... .. _.. ~._. ~ . ~ ._ _ . w _. _ ~r . ~~ .. _ _ ~ ._~ ~~ ~.. ~ S / Stevens GreekBlv;i. EXG-~I~~TA --~- a~ R ;f ;~~ / ` ~ RaslaurenU ,, -~ ng ~, "GPHROShop Legend ,:~,. ~_r - .-PUttlrg~Green S~klm@i ? (~ Syh~er '~ v ~ O Large Group Picnic Area B ~ ~a' il• Small Group Picnic Area aF „ I, A0C H+le9 >,~ r E ~ Multi-Use Shelter ae r „~ .~ j Proposed Restoration Area ~ / ~` na~a ~y '~_.. ~ Existing Golf Course / T _. Playing Areas - ' / /J , Existing Golf Course ~f ~ n~a y I! Greens o Entry Kiosks ~( Proposed Pedestrian/Bike ~` ' Lake Bridge ` Blackberry -. ~%~ - Stevens Creek Channel '', ~ F'ar'm -- (low flow) ;- +; ~ GQIf CQUr'Se I .. Proposed Bike/Ped Trail L ~~ i hole 7 ' Hd» S 3 Hwcz . « - . ~. Existing Nature Trail i ~~. Hdad ~ j+~ ai =_= Horseshoes ~ > ~ ~ ~ Volleyball 's ~" a ® Childress Play Area ~ ~ ~ Existing Tree Canopy ,~' ~ lale a ~~ ® „ ~ ~,~ , °f Proposed New Trees ~~ Q ~' ~ ~ ~ ~ ~ ~oO~O Proposed Apricot Orchard ~' "' ® C oooOo r ~ ~ N. \: ``~ r3 , :,, , ~ '°~ c ® Proposed Restrooms _ ` 7 .: (/~ t ~ ITI Proposed Maintenance _ J u i ~ 4~ Building UU ~ s ,'U ~j i Open LavmY '. .~~ IiS _, ,4rea p ~ Cror Games_ .~~. .. Existlng T ~ --- Ca py~ _ _ ... , .~'i ~.;reet~ ~~. ~~ `c McClellan - 1~ ~ scvwo 08 J ~~~ ~~Existin9 NaNre ~~ ro 0000 v _ . Trail ~~oC ~ ~+' .: ~, / 000 0 0 Dlreetionoftraih'- 1 0 ~; 0 0 throWgh,McClellan-~~~ `r ~o~io6a G ' -. ° cCIelPan M ~~RamchTBD k o.c .~ j n~ Ranch Simms - House - Amount of future E MOnta Vista ' ~~parking on Si~nrnr, ~ ~ High SCh001 _ /': Property Yet tb ` ~~le determined ; ~ ..~; ,, ~. \ _, l _ ~ ~ ~ ~: ' ~ w ~ aret/aker Resitlence \ ~ ~ - Blacksmith Shop ~ _ _ , ' -. ..... ..... ~ I ~ GRAPHIC SCALE ~ Nature Museum " McClellan Rgnch House I o roo iw zoo aoo soo ~.~-~~ STEVENS CREEK CORRIDOR PAIRK LANDS ,.~~ ~ Cll'F~l4D ~~" = PREFERRED CONCEPT NORTH ~ ;n°h = >.°° ft. ~ EXHIBIT B Cost Sharing Table For Master Plan Development Item & Consultant City Share District Share Cost Share % Costs Master Plan $109,1 OS $109,105 None 100% CITY Creek Restoration Plan $63,953 None $63,953 100% DISTRICT Biological Surveys $43,200 None $43,200 100% DISTRICT Traffic Analysis $22,428 $22,428 None 100% CITY CEQA IS/MND $64,588 $32,294 $32,294 50% CITY 50% DISTRICT TOTAL $303,274 $163,827 $139,447 Page 10 of 10 5750 ALMADEN EXPWY SAN JOSE, CA 95118-3686 TELEPHONE (408) 265-2600 FACIMILE (408) 266-0271 www.valleywater.org AN EQUAL OPPORTUNITY EMPLOYER October 8, 2004 Ms. Grace Schmidt Deputy Clerk, City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Agreement No. A2859S -Stevens Creek Corridor Restoration (Within Blackberry Farm and Other City-Owned PropeH:ies) Partnership and Collaborative Action Plan. Dear Ms. Schmidt: Enclosed i~a fully executed copy of Agreement No. A2859S which was approved by our Board of Directors on September 21, 2004. If you have any questions regarding the agreement, please contact Jason Christie at (408) 265-2600, Extension 2702. Sincerely, y Elizabet .Ellis Deputy Jerk/Board of Directors Encls. The mission of the Santa Clara Valley Water District is a healthy, safe anif enhanced quality of living in Santa Clara County through watershed stewardship and comprehensive management of water resources in a practical, cost-effective and environmentally sensitive manner.