DRAFT (Version 1)

Adobe Creek Upper Reach 5 Restoration Project

Collaborative

Memorandum of Understanding

NOTE: This is a “straw man” document intended to present as many ideas and issues which may be needed in an agreement to collaborate. The idea is to develop a document that can be used for other collaborative efforts. Some of the elements of this document may appear to be unnecessary or overly ‘legalized.’ We desire a document that will work for the Adobe Cr. Project and will build on the maturity of the Collaborative. We also desire a document that will allow us to weather the “rough waters” of disagreement and membership changes. So with that preamble please review and provide comments; the more comments received the better document.

This Memorandum of Understanding, entered into on this ____ of _____, 2004, is made by and between members of the Adobe Creek Watershed Group (ACWG), Town of Los Altos Hills, City of Los Altos, San Francisco Regional Water Quality Control Board, California Department of Fish and Game, Army Corps of Engineers, U.S. Environmental Protection Agency and the Santa Clara Valley District for the purposes of planning, designing, constructing and maintaining the Adobe Creek Upper Reach 5 Restoration Project (Project).

RECITALS

  1. The Adobe Creek Reach 5 Collaborative (Collaborative) was formed to develop a creek restoration project that meets the mutual interest of the Collaborative participants. The Collaborative participants include creekside property owners and other members of the community in the vicinity of Adobe Creek Upper Reaches 5, 6, and 7, and staff from the Town of Los Altos Hills, the City of Los Altos, and various regulatory agencies and District.
  1. The Collaborative has developed a Project Plan, attached as Attachment 1, for the Adobe Creek Upper Reach 5 Restoration Project and agrees in concept with or supports the Project Plan.
  1. The Project is estimated, as outlined in the Project Plan, to take approximately 3 years and is estimated to cost $3.98 million to plan, design and construct.
  1. The District Board of Directors (Board) has approved $2.4 million for planning, design and a portion of construction for the Project. The remaining $1.58 million necessary for construction will need to be allocated by the Board at a future date.
  1. The Collaborative recognizes that it is necessary to work together to ensure that the Project will be completed within the estimated budget and schedule.
  1. The Collaborative members recognize that it is important to continue the collaborative efforts and ensure that the process for collaboration and their roles are clearly understood in order to achieve a successful Project.
  1. Collaborative members recognize and acknowledge that the Project will consist of overland flows across private and public property.

In view of the above, and assuming that the District Board will continue to provide funding for the Project, the parties agree as follows:

SECTION 1: COLLABORATIVE MEMBERS

  1. Collaborative members shall actively support the goals and objectives of the Project.
  1. Collaborative members shall actively participate in the Collaborative meetings.
  1. Collaborative members agree to follow the Guidelines for the Adobe Creek Collaborative Decision Making (Attachment 2) and the Process for Deliberating Comments for the Adobe Creek Collaborative (Attachment 3).
  1. Collaborative members shall keep apprised the organizations they represent on the progress and issues of the Collaborative.

SECTION 2: ADOBE CREEK WATERSHED GROUP

  1. The ACWG will continue to maintain a membership to participate in the Collaborative and support the Project’s goals and objectives.
  1. The ACWG will maintain the Adobe Creek web site located at “www:lahopenspace”
  1. The ACWG will maintain a listing of Collaborative members and provide an updated posted list on the Adobe Creek web site.
  1. The ACWG will provide outreach to the community to encourage community members’ participation in the Collaborative and in educational workshops provided by the Collaborative.
  1. The ACWG will obtain and compile comments, concerns, and issues related to the development of the Project from active and non-active ACWG members.
  1. The ACWG will coordinate Review Workshops to address substantive issues to implement the Collaborative’s Deliberation and Documentation Process (Attachment 3).

SECTION 3: SANTA CLARA VALLEY WATER DISTRICT

  1. Provide the overall project management of the Project through the planning, design and construction phases of the Project.
  1. Ensure that the environmental clearance process complies with CEQA and other environmental requirements.
  1. Complete the planning documents (i.e., Engineer’s Report and CEQA document).
  1. Complete the plans and specifications (i.e., construction contract documents) and obtain necessary permits for construction.
  1. Provide construction management during construction.

SECTION 4: CITY OF LOS ALTOS AND TOWN OF LOS ALTOS HILLS

  1. Participate in the review of Project documents and provide timely comments.
  1. Collaborate on the relocation of utilities, including the possible relocation of the sanitary sewer crossing Adobe Creek at West Edith Road Bridge.
  1. Issue permits in a timely manner.
  1. Collaborate on the control of traffic during construction.
  1. Ensure aggressive enforcement of land use ordinances to maintain floodway.

SECTION 5: REGULATORY AGENCIES

  1. Participate in the review of Project documents and provide timely comments.
  1. Issue permits in timely manner.
  1. Participate in the Collaborative by attending meetings and tours.
  1. Support educational opportunities of the Collaborative by assisting with identification of topics, development of workshops and selection of presenters.

SECTION 6: MEETINGS

  1. The ACWG will develop the meeting agendas and facilitate the meetings of the Collaborative. If an outside facilitator is retained, municipalities and District will collaborate on the funding.
  1. Meetings will be open to everyone. The District will provide meeting notification flyers to the Collaborative. The District will mail flyers to the public within the Project area.
  1. The ACWG will post meeting flyers on the Adobe Creek web site.
  1. All Collaborative members will undertake appropriate action to maximize participation in the meetings.

SECTION 7: INCORPORATION OF ADDITIONAL PARTICIPANTS

  1. During the course of Project development, design, and construction, additional participants may join the Collaborative effort.
  1. Members of the ACWG will lead in the education of new participants.
  1. New participants are expected to support the goals and objectives of the Collaborative.
  1. New participants will sign the Collaborative MOU.

SECTION 8: DISPUTE RESOLUTION

  1. Members of the Collaborative agree to use the Guidelines for the Adobe Creek Collaborative Decision Making process as defined in Attachment 2 to this MOU.
  1. Members of the Collaborative agree to use the Process for Deliberating Comments for the Adobe Creek Collaborative as defined in Attachment 3 to this MOU.

SECTION 9: TERMINATION OF PARTICIPATION

  1. Any member wishing to terminate their participation in the Collaborative MOU shall provide notice to the Collaborative through the ACWG. Written notification is preferred.

SECTION 10: OUTREACH TO THE COMMUNITY

  1. District shall develop and implement the outreach plan prepared during Project initiation.
  1. The ACWG is the lead in outreach to community members and creekside property owners that may be impacted by the Project.
  1. Municipalities shall support District and ACWG outreach efforts using their existing mechanisms for communicating with the public.

SECTION 11: PROJECT PLANNING AND DESIGN

  1. District shall take the lead on conducting the planning and design of the Project.
  1. Collaborative members are responsible for maintaining knowledge of the progress and issues identified during the development of the project and providing timely comments.
  1. District shall develop maintenance guidelines for the Project which will address the roles and responsibilities of Collaborative members.
  1. The Collaborative members shall identify and secure temporary construction easements and easements for mitigation, as necessary.

SECTION 12: PROJECT CONSTRUCTION

  1. The District will provide for the construction of the Project.
  1. Collaborative members acknowledge that there will be disruption and inconveniences during the construction of the project that may include, but is not limited to: noise, traffic congestion, dust, and temporary aesthetic impacts.
  1. The District will minimize the disruption to community and property owners as addressed in the CEQA documents.
  1. The Collaborative shall establish a process for reporting and addressing issues during construction of the project prior to advertising of the Project.

SECTION 12: RECORDS AVAILABLITITY

  1. Records shall be available for viewing at the Santa Clara Valley Water District, the library [IDENTIFY LIBRARIES], both City and Town Halls.
  1. The Collaborative will endeavor to make the documents available on the Adobe Creek web site and the District’s web site.

SECTION 13: OPERATION

  1. District shall maintain the flow in the channel at design capacity by removing debris the may obstruct flow path, repairing bank erosion, and removing sediment in accordance with the maintenance guidelines established by the Project.
  1. Property owners acknowledge that the Project will include overland flows that may cause damage to their property.
  1. Cities acknowledge that the Project will include overland flows that may damage public facilities.
  1. Collaborative members understand that the overland flows will have an impact on transportation and commerce due to flooding of surface streets and damage to public and private facilities.
  1. Property owners will police the properties that may impact flood flow conveyance and notify appropriate agency to help address any issues.

SECTION 14: DEFINITIONS

  1. Adobe Creek Watershed Group is …
  2. Adobe Creek Upper Reach 5 Restoration Project is the project as defined by the Adobe Creek Upper Reach 5 Restoration Project Plan.
  3. Collaborative is the combined group that includes creekside property owners and other members of the community in the vicinity of Adobe Creek Upper Reaches 5, 6 and 7 and staff from the Town of Los Altos Hills, the City of Los Altos, and various regulatory agencies and District
  4. Collaborative Member is a signatory to the Collaborative MOU
  5. District is the Santa Clara Valley Water District.
  6. ACWG is the Adobe Creek Watershed Group.
  7. Town is the Town of Los Altos Hills
  8. City is the City of Los Altos

SIGNATURES OF PARTICIPANTS

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Attachment 1: Adobe Creek Upper Reach 5 Project Plan

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File: C:\WINDOWS\TEMP\CollaborativeMOUV2.doc