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4 - Recreational Use along Los Gatos CreekMEETING DATE: 11/07/11 ITEM NO: V ' COUNCIL AGENDA REPORT DATE: OCTOBER 28, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: RECREATIONAL USE ALONG LOS GATOS CREEK AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO A LEASE AGREEMENT WITH THE SANTA CLARA VALLEY WATER DISTRICT. RECOMMENDATION: Authorize the Town Manager to execute an amendment to a lease agreement with the Santa Clara Valley Water District. BACKGROUND: In 1994, the Town entered into a lease agreement with the Santa Clara Valley Water District (SCVWD) for the purpose of constructing and operating sections of trail at various locations along Los Gatos Creek. The Los Gatos Creek Trail through SCVWD property is open to the public through a joint use agreement with the Santa Clara County Parks Department. The SCVWD also owns a larger parcel that is bounded by Highway 85, Winchester Blvd., and the Aventino/Netflix development. This larger parcel functions mainly as a materials storage yard. Recently, the Sobrato Development Corporation, owner of the Aventino/Netflix property, has expressed a desire to provide direct access to the creek trail through the SCVWD property, as required by the original development approval. Town staff, SCVWD, County Parks, and Sobrato have all agreed conceptually to the additional access point. However, in order for this to be formally agreed upon, the Town must amend the existing agreement to allow for access across the SCVWD materials yard portion of the property. DISCUSSION: Staff has worked with the SCVWD to develop an amendment to the existing agreement that would provide the additional access as requested by Sobrato. The additional access will require the construction of approximately 30 feet of asphalt trail and a gate where the trail leads into the PREPARED BY: TODD CAPURSO Director of Parks and Public Wor s MYY Reviewed by: Assistant Town Manager Town Attorney Finance N:\PP W\MANAGEMENT\COUNCIL\COUNCIL REPORTS \2011 Repo ovember 7\SCVWDTrailAgreement.doc PAGE 2 OCTOBER 28, 2011 MAYOR AND TOWN COUNCIL SUBJECT: RECREATIONAL USE ALONG LOS GATOS CREEK DISCUSSION (con't): Aventino development. The cost of these improvements will be funded by developer fees and tenant contributions. CONCLUSION: Staff recointnends that the Town Council authorize the Town Manager to execute an amendment to the original lease agreement to allow for the additional trail access. The original lease agreement is scheduled to terminate in 2014. ENVIRONMENTAL ASSESSMENT: This agreement is not a project defined under CEQA, and no further action is required at this time. CEQA clearance may be required prior to construction of the trail segment and will be addressed at that time as appropriate. FISCAL IMPACT: There is no fiscal impact to the Town to amend the lease agreement with the Santa Clara Valley Water District. The costs for the improvements will be funded with the use of developer fees and tenant contributions, and will be addressed in a future budget action through Council, if required.