CC 01-22-2025 Item No. 7 Joint Use Agreement for Continued Public Access to Santa Clara Valley Water District_Written CommunicationsCC 01-22-2025
Item No. 7
Joint Use Agreement for
Continued Public
Access to Santa Clara
Water District property
Written Communications
From:Theresa Horng
To:City Clerk
Subject:Fwd: Request that item #7 on the 1/22/2025 agenda be pulled and voted on separately.
Date:Thursday, January 16, 2025 10:56:20 PM
Attachments:Agenda.pdf
Staff Report.docx
A â Draft Joint Use Agreement.pdf
IMG_3921.HEIC
IMG_3917.HEIC
IMG_3909.HEIC
IMG_3916.HEIC
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear City Clerk:
I would like to be included in written communications for the upcoming city council meeting
regarding this matter.
Thanks,
,
Best regards,
Theresa Horng
Cupertino Resident
theresahorng@gmail.com
408-772-2328
---------- Forwarded message ---------
From: Theresa Horng <theresahorng@gmail.com>
Date: Thu, Jan 16, 2025 at 8:48 PM
Subject: Request that item #7 on the 1/22/2025 agenda be pulled and voted on separately.
To: Liang Chao <lchao@cupertino.gov>, Kitty Moore <kmoore@cupertino.gov>, Ray Wang
<rwang@cupertino.gov>, <smohan@cupertino.gov>, <jrfruen@cupertino.gov>
Cc: Shuling Weng <lucyweng2009@gmail.com>, Neeta Malkani
<neetamalkani@yahoo.com>, Sunil Malkani <sunil.malkani@gmail.com>,
<minbai@gmail.com>, Santosh Rao <santo_a_rao@yahoo.com>
Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members:
Our neighbors demand that item #7 on the 1/22/2025 agenda be pulled and voted on
separately.
Due to global warming, we strongly believe that preserving natural landscapes is crucial for
environmental health and community resilience. The Valley Water District Property and the
entire Stevens Creek riparian zone play a vital role in our ecosystem and should be maintained
in their natural state for several reasons:
1. Biodiversity Conservation: Natural areas support a wide variety of plant and animal
species. Preserving these areas helps maintain biodiversity, which is essential for
ecosystem balance and resilience.
2. Water Quality Improvement: Natural riparian zones act as buffers, filtering pollutants
and sediments from runoff before they enter water bodies. This process improves the
quality of water in streams and reservoirs, benefiting both wildlife and human
populations.
3. Flood Control: Maintaining natural vegetation along waterways helps absorb and slow
down runoff during heavy rains. This reduces the risk of flooding, particularly in areas
like ours that are prone to such events.
4. Climate Regulation: Trees and other vegetation sequester carbon dioxide, a major
greenhouse gas contributing to global warming. By keeping these areas natural, we can
help mitigate climate change effects by absorbing carbon emissions.
5. Erosion Prevention: Natural vegetation stabilizes soil and prevents erosion. This is
especially important in riparian zones, where erosion can degrade water quality and
harm aquatic habitats.
Given these significant benefits, we urge that the Valley Water District Property and the
Stevens Creek riparian zone be preserved in their natural state. This approach aligns with
broader environmental goals and ensures the sustainability and safety of our community in the
face of global warming.
Additionally, regarding the Cupertino Draft Joint Use Agreement #7 on Graffiti Removal, the
city is supposed to have primary responsibility for removing graffiti on the premises related to
trail use. However, I have concerns about Cupertino City's ability to manage this effectively.
Many of us have lived in Cupertino for more than two decades, and the graffiti under
Stevens Creek Blvd has remained untouched by the city for twenty years. Please see the
attached pictures showing the graffiti under the bridge.
Again, we strongly demand that item #7 on the 1/22/2025 agenda be pulled and voted on
separately, see follows:
Agenda
7. Subject: Authorization to execute a Joint Use Agreement for Continued Public Access
to Santa Clara Valley Water District property situated along a portion of Stevens Creek
Trail.
Recommended Action: Authorize the City Manager to execute a new Joint Use
Agreement with Santa Clara Valley Water District for ongoing access to the
District's property situated along a portion of the Stevens Creek Trail.
Attached pictures of graffiti under the bridges for decades and City agenda and agreements.
cc the neighbors who are concerned about this issue.
We appreciate your attention to this matter.
Best regards,
Theresa Horng
Cupertino Resident
theresahorng@gmail.com
408-772-2328
Wednesday, January 22, 2025
5:00 PM
CITY OF CUPERTINO
Special Meeting Non-Televised Closed Session (5:00) and Televised
Open Session (5:45)
PUBLIC HEARINGS WILL NOT BEGIN EARLIER THAN 6:45 PM
10300 Torre Avenue and 10350 Torre Avenue and via Teleconference
City Council
LIANG CHAO, MAYOR
KITTY MOORE, VICE MAYOR
J.R. FRUEN, COUNCILMEMBER
SHEILA MOHAN, COUNCILMEMBER
R "RAY" WANG, COUNCILMEMBER
IN PERSON AND TELECONFERENCE MEETING
For more information:
(408) 777-3200 | www.cupertino.gov
AGENDA
CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member of
the public may speak on any item on the agenda for up to three
minutes. All statements and questions must be addressed to the
Mayor.
City Council hearings serve as a venue for the discussion of sometimes
divergent points of view. Please respect the opinions of others and
refrain from cheering or clapping. That may delay the meeting or
intimidate other persons wishing to express alternate views. Actions
that disrupt the meeting will result in a warning, followed by removal
if disruption continues.
Oral public comments will be accepted during the meeting. Comments
may be made during “oral communications” for matters not on the
agenda, and during the public comment period for each agenda item.
Identifying yourself is voluntary and not required to attend the
meeting or provide comments.
FLOWCHART FOR HEARING ITEMS:
Mayor introduces
agenda item
Councilmembers report any site
visits or outside communications.
Speakers submit a Request to Speak
card, and are allowed up to 3 minutes
per individual. Council members may
ask questions of speakers.
Mayor invites members of
the public to speak about
the agenda item
For appeals of approvals, the
applicant may respond to
appellants presentation.
The Mayor may request a motion and
a second after the close of the public
hearing. Council then deliberates and
votes.
Mayor closes the public hearing
Councilmembers ask clarifying
questions.
PUBLIC HEARINGS
The City Council is required by law to
hold public hearings on certain matters
prior to making its decision. Notice to
interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held at 6:45 p.m. Closed
sessions, when needed, are normally held
at 6:00 p.m. Closed sessions cover items
such as personnel, litigation, or the sale ,
purchase, or lease of property. The law
requires certain actions taken in closed
session to be reported in open session.
Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings will be noticed
beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for
current and prior City Council and
Planning Commission meetings are
available at www.cupertino.org, or you
can purchase the items on CD.
CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi‐judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days
of the date the City Clerk mails notice of
the City’s decision. Reconsideration
petitions must comply with the
requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s
office for more information or go to
www.http://www.cupertino.org/index.as
px?page=125 for a reconsideration
petition form.
Mayor invites
applicant/appellant to
respond to public
comments (2 min)
City Council votes on
the agenda item
Staff reports and makes
recommendation
Applicant or Appellant
makes presentation
(up to 8 min)
Councilmembers ask
questions of staff or
applicant/appellant
Mayor opens the public hearing
City Council Agenda January 22, 2025
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person for Closed Session in City Hall, Conference Room C or for Open
Session in Cupertino Community Hall. Members of the public may provide oral public
comments pertaining to the agenda prior to the beginning of Closed Session and after Roll
Call.
Members of the public may provide oral public comments during the Open Session as
follows:
Oral public comments will be accepted during the meeting. Comments may be made
during the public comment period for each agenda item .
Members of the audience who address the City Council must come to the
lectern/microphone, and are requested to complete a Speaker Card and identify themselves .
Completion of Speaker Cards and identifying yourself is voluntary and not required to
attend the meeting or provide comments.
2) E-mail comments for Closed Session or Open Session by 4:00 p.m. on Wednesday,
January 22 to the Council at citycouncil@cupertino.gov. These e-mail comments will also be
forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to
the City’s website after the meeting. Members of the public that wish to share a document
must email cityclerk@cupertino.gov prior to the meeting.
Emailed comments that are related to an agenda item and received following the agenda
publication, prior to or during the meeting, will be posted to the City ’s website.
3) Open Session Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the
Page 2
City Council Agenda January 22, 2025
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_1B0DB2FiQveTRbMAuUtVsw
Phone
Dial: 669-900-6833 and enter Webinar ID: 974 9110 0148 (Type *9 to raise hand to speak, *6 to
unmute yourself). Unregistered participants will be called on by the last four digits of their
phone number.
Join from an H.323/SIP room system:
H.323:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 974 9110 0148
SIP: 97491100148@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer .
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or,
if you are calling in, press *9. Speakers will be notified shortly before they are called to
speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic .
5. Members of the public that wish to share a document must email cityclerk@cupertino.org
prior to the meeting. These documents will be posted to the City ’s website after the
Page 3
City Council Agenda January 22, 2025
meeting.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Wednesday, January 22, 2025, for a Closed Session commencing at 5:00 p.m. in
City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, California 95014 and an
Open Session at 5:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue,
Cupertino, California 95014 and via teleconference. Said special meeting shall be for the
purpose of conducting business on the subject matters listed below under the heading,
“Special Meeting."
SPECIAL MEETING
ROLL CALL - 5:00 PM
10300 Torre Avenue, Conference Room C
CLOSED SESSION
1.Subject: Conference with security personnel - critical infrastructure information
relating to cybersecurity pursuant to Government Code § 54957(a)
RECESS
OPEN SESSION
PLEDGE OF ALLEGIANCE - 5:45 PM
10350 Torre Avenue, Community Hall and via Teleconference
ROLL CALL
CLOSED SESSION REPORT
CEREMONIAL ITEMS
2.Subject: Proclamation to Taiwanese Cultural and Sports Association (TCSA)
recognizing the 15th Annual Kids Fun Festival scheduled for 2025 in Cupertino
Recommended Action: Present proclamation to Taiwanese Cultural and Sports
Association (TCSA) recognizing the 15th Annual Kids Fun Festival scheduled for 2025
in Cupertino
A - Proclamation
3.Subject: Proclamation to Shin Shin Educational Foundation recognizing January 19,
2025 as Shin Shin Educational Foundation Day
Recommended Action: Present proclamation to Shin Shin Educational Foundation
recognizing January 19, 2025 as Shin Shin Educational Foundation Day
Page 4
City Council Agenda January 22, 2025
A - Proclamation
POSTPONEMENTS AND ORDERS OF THE DAY
4.Subject: Budget Study Session for use of one-time funds in the Committed Future Use
reserve (November 19, 2024 City Council action)
Staff Report
A - November 19, 2024 Staff Report and Allocation Plan
B - FY 2023-24 Budget Reductions
C - FY 2024-25 Service Level Reductions
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within
the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral
Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3)
minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or
reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority
given to students. In most cases, State law will prohibit the Council from discussing or making any
decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly
respond to statements made or questions posed by speakers. A councilmember may also ask a question
for clarification, provide a reference for factual information, request staff to report back concerning a
matter, or request that an item be added to a future City Council agenda in response to public comment .
CONSENT CALENDAR (Items 5-9)
Items appearing on the Consent Calendar are considered routine City business and may be approved by
one motion. Typical items may include meeting minutes, awards of contracts, the ratification of
accounts payable, and second readings of ordinances. Any member of the Council may request to have
an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures
Manual. Members of the public may provide input on one or more consent calendar items when the
Mayor asks for public comments on the Consent Calendar.
5.Subject: Approval of the December 17, 2024 City Council minutes
Recommended Action: Approve the December 17, 2024 City Council minutes
A - Draft Minutes
6.Subject: Ratifying Accounts Payable for the periods ending December 6, 2024;
December 13, 2024; and December 26, 2024
Page 5
City Council Agenda January 22, 2025
Recommended Action: A.Adopt Resolution No. 25-001 ratifying Accounts Payable for
the Period ending December 6, 2024;
B.Adopt Resolution No. 25-002 ratifying Accounts Payable for the Period ending
December 13, 2024; and
C.Adopt Resolution No. 25-003 ratifying Accounts Payable for the Period ending
December 26, 2024
Staff report
A – Draft Resolution 12.6.24
B – Weekly AP Payment Register for the Period Ending 12.6.24
C – Draft Resolution 12.13.24
D – Weekly AP Payment Register for the Period Ending 12.13.24
E – Draft Resolution 12.26.24
F – Weekly AP Payment Register for the Period Ending 12.26.24
7.Subject: Authorization to execute a Joint Use Agreement for Continued Public Access
to Santa Clara Valley Water District property situated along a portion of Stevens Creek
Trail.
Recommended Action: Authorize the City Manager to execute a new Joint Use
Agreement with Santa Clara Valley Water District for ongoing access to the District's
property situated along a portion of the Stevens Creek Trail.
Staff Report
A – Draft Joint Use Agreement
8.Subject: Award a construction contract to Golden Bay Construction in the amount of
$1,569,798, approve a first amendment to the design services contract with Pakpour
Consulting Group to increase the contract by $96,620 for a total not-to-exceed contract
amount of $310,483 and approve a budget modification in the amount of $1,500,000 for
the Stevens Creek Boulevard Class IV Bike Lane Project .
Page 6
City Council Agenda January 22, 2025
Recommended Action: 1. Award a construction contract for the Stevens Creek
Boulevard Class IV Bike Lane Phase 2A Project (budget unit 420-99-036, project number
2022-15) in the amount of $1,569,798 to Golden Bay Construction, Inc.;
2. Authorize the City Manager to execute the construction contract with Golden Bay
Construction, Inc. when all conditions have been met;
3. Authorize the Director of Public Works to execute any necessary construction change
orders up to a construction contingency amount of $156,980 (10%) for a total contract
amount of $1,726,778;
4. Authorize the City Manager to amend the Design Services Contract with Pakpour
Consulting Group to increase the amount by $96,620 for a total not-to-exceed contract
amount of $310,483 for the 2022-11 Stevens Creek Boulevard Class IV Bike Lane Phase
2B Design Project; and
5. Adopt Resolution No. 25-004 approving budget modification #2425-377, approving
an increase of grant revenue estimates of $1,500,000 and a transfer out of $693,000. This
includes an increase of $807,000 in Federal grant funds and a transfer of $693,000 in SB1
Grant Funds from the Transportation Fund (270-85-821) into the Capital Improvement
Program Capital Project Fund (420-99-036).
Staff Report
A - Draft Contract
B – Draft Resolution
9.Subject: Approve an agreement with Advanced Systems Group, LLC., for
Modernization of Broadcast TV and Community Hall Integration for a not-to-exceed
amount of $1,100,000, a 10% contingency in the amount of $110,000 for a total
not-to-exceed amount of $1,210,000, and associated budget modification, with the cost
to be funded by Public, Educational, and Governmental (PEG) funds .
Recommended Action: 1.Authorize the City Manager to execute the agreement and
any necessary amendments with Advanced Systems Group, LLC., for Modernization of
Broadcast TV and Community Hall Integration, within the total not-to-exceed amount
of $1,100,000.
2.Adopt Resolution No. 25-005 approving budget modification #2425-368, increasing
appropriations in the amount of $1,210,000 in the General Fund Video budget unit (100-
31-305 900-995) funded by restricted PEG Funds
Staff Report
A - Draft Agreement
B - Draft Resolution
PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Page 7
City Council Agenda January 22, 2025
Planning Division to view them at City Hall by sending an email to planning@cupertino .org. Plans
will also be made available digitally during the hearing to consider the proposal.
10.Subject: Public hearing on the abatement of public nuisance from weeds or other fire
hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and
Resolution No. 24-111
Recommended Action: Conduct hearing for impacted property owners to contest the
matter of proposed abatement and adopt Resolution No. 25-006 ordering abatement of
public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino
Municipal Code Chapter 9.08 and Resolution No. 24-111
Staff Report
A - Draft Resolution and Exhibit A
B - 2025 Cupertino Commencement Report (Exhibit A)
C – County Letter to Property Owners to Abate Weeds
D – County Hearing Notice to Destroy Weeds and Program Fees
E – Minimum Fire Safety Standards Program Brochure
F – Return Reply Form (RRF) Sample
G – City Letter to Property Owners
H – Approved Resolution No. 24-111
ACTION CALENDAR
11.Subject: Future agenda items requested by City Councilmembers (“TBD List”).
Recommended Action: 1.Review the TBD list and adopt the staff recommendations
for items 5-11
2.Provide direction for items 1-4 and 12-15.
Staff Report
A - TBD List from September 2024 with Adopted Motion
B - January 2025 TBD List
STUDY SESSION
12.Subject: FY 2025-27 City Work Program Study Session
Recommended Action: 1.Review Councilmembers’ Initial Top 10 projects for the FY
25-27 City Work Program
2.Select date for upcoming Goal Setting Workshop.
3.Receive an overview of the prioritization process for the Goal Setting Workshop
that will be presented at this study session.
Staff Report
A - November 14, 2024 Informational Memorandum
B - December 20, 2024 Informational Memorandum
C - Council Top 10 Projects with Preliminrary Budget and Staffing Estimates
D - List of Potential Items for FY 25-27 CWP with Preliminary Budget and Staffing Estimates
ITEMS REMOVED FROM THE CONSENT CALENDAR
Page 8
City Council Agenda January 22, 2025
CITY MANAGER REPORT
ORAL COMMUNICATIONS - CONTINUED
COUNCILMEMBER REPORTS
13.Subject: Councilmember Reports
A - Councilmember Report, Chao
B - Councilmember Report, Fruen
C - Councilmember Report, Mohan
FUTURE AGENDA ITEMS
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence
legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance
(Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose
communications regarding any legislative or administrative are solely limited to appearing at or
submitting testimony for any public meeting held by the City are not required to register as lobbyists.
For more information about the lobbying ordinance, please contact the City Clerk ’s Office at 10300
Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org; and
website: www.cupertino.org/lobbyist.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request in advance by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
Page 9
City Council Agenda January 22, 2025
10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council
packet archives linked from the agenda/minutes page on the City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter
on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
Page 10
THE CITY COUNCIL AND STAFF
CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by
the five‐member City Council with the Mayor as the presiding officer. City Council members are elected at‐large to
four‐year, overlapping terms. Each November a mayor and a vice‐mayor are selected by the City Council for a one‐
year term.
The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council.
These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission,
Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission,
Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission.
Council members also serve on a variety of regional bodies, including:
∙ Association of Bay Area Governments
∙ League of California Cities
∙ Santa Clara County (SCC)Cities Association
∙ SCC Emergency Preparedness Council
∙ SCC Library District
∙ SCC Emergency Preparedness Commission
∙ Santa Clara Valley Water Commission and Water District
∙ SCC Transportation Authoritym
∙ West Valley Mayors and Managers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for
interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager
coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the
advisor to the City Council as a whole.
TYPES OF COUNCIL ACTIONS
ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will
first be presented at a Council meeting as a “first reading." At a subsequent Council meeting, there will be a “second
reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which
time the summary of the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS
Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific
actions. These go into effect when adopted.
APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community
Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14
calendar days of the mailing of the notice of the decision.
RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition
for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision.
Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the
City Clerk’s office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a
reconsideration petition form.
COMMUNICATING WITH COUNCIL
(408)777‐3192
(408)777‐1389
(408)777‐1316
(408)777-1326
(408)777‐3138
(408)777‐3139
All Council members:
Liang Chao
Kitty Moore
J.R. Fruen
Sheila Mohan
R "Ray" Wang
Executive Assistant
City Hall
citycouncil@cupertino.gov
LiangChao@cupertino.gov
KMoore@cupertino.gov
JRFruen@cupertino.gov
SMohan@cupertino.gov
RWang@cupertino.gov
Debran@cupertino.gov
www.cupertino.gov (408) 777‐CITY
Please note: the City Council discourages submission of written materials on the day of the meeting as this does not
provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the
meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e‐notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want
To, View City Council meetings".
News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages,and emergency
announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777‐CITY
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CITY COUNCIL STAFF REPORT
Meeting: January 22, 2025
Subject
Authorization to execute a Joint Use Agreement for Continued Public Access to Santa
Clara Valley Water District property situated along a portion of Stevens Creek Trail.
Recommended Action
Authorize the City Manager to execute a new Joint Use Agreement with Santa Clara
Valley Water District for ongoing access to the District's property situated along a
portion of the Stevens Creek Trail.
Background
The Santa Clara Valley Water District owns property within the Stevens Creek Corridor,
and a segment of the Stevens Creek Trail runs through the property. The City and the
District executed a twenty-five-year Joint Use Agreement in 1999, and the agreement
expired on November 16, 2024. A new twenty-five-year Joint Use Agreement, similar in
structure to the existing one, has been negotiated to extend public access and
recreational opportunities along the trail. Under the new agreement, the City and Santa
Clara Valley Water District continue to retain the flexibility to terminate the agreement
at any time during the twenty-five-year period by providing 90 days’ written notice.
The agreement facilitates recreational access and effective management and
maintenance of the trail, ensuring its continued benefit to the Cupertino community. By
formalizing this partnership, both entities reinforce their commitment to enhancing local
recreational spaces and environmental stewardship in Cupertino.
Staff recommends that City Council authorize the City Manager to execute a new Joint
Use Agreement for a term of twenty-five years. Santa Clara Valley Water District has
agreed to the Joint Use Agreement as outlined in Attachment A.
Next Steps
The next step for this item is for the Santa Clara Valley Water District Board of Directors
to approve the agreement. Without this agreement in place, continued recreational
access for the Cupertino community may be at risk.
Sustainability Impact
This agreement prioritizes flood protection, stream stewardship, water resources
management, and minimizing impact to natural habitat and wildlife.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
Execution of the agreement is exempt from the California Environmental Quality Act
under CEQA Guidelines section 15301 (operation and maintenance of existing facilities).
City Work Program (CWP) Item
No.
CWP Item Description
N/A.
Council Goal
Quality of Life.
_____________________________________
Prepared by: Daniel Degu, Economic Development Manager
Reviewed by: Christopher D. Jensen, City Attorney
Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachment:
A – Draft Joint Use Agreement, City-Santa Clara Valley Water District, for Stevens Creek
Trail
JOINT USE AGREEMENT
Stevens Creek Trail
Between McClellan Ranch Park and Blackberry Farm Park
This JOINT USE AGREEMENT (this “Agreement”) is entered into by and between the SANTA CLARA
VALLEY WATER DISTRICT, a California Special District created by the California Legislature,
hereinafter referred to as “Valley Water”, and the CITY OF CUPERTINO, a municipal corporation,
hereinafter referred to as "City". Valley Water and City may be referred to individually as “Party” or
collectively as the “Parties” or the “Parties to this Agreement”. This Agreement will become effective on
the later of the last-signed signature date set forth below (the “Effective Date”), _________________,
2024.
RECITALS:
A. Valley Water is the owner of certain real property (“Premises”) containing Stevens Creek Trail,
shown on Exhibit A, attached hereto.
B. City desires to maintain improvements and allow for continued public use of Stevens Creek Trail
on the Premises.
C. This Agreement supersedes and replaces the Existing Joint Use Agreement (JUA) for Stevens
Creek Trail at McClellan Ranch (A4346X).
D. City’s and the public’s use of the Premises for the Trail, as extended, will not unreasonably
interfere with Valley Water's mission of flood protection, water resource management, and stream
stewardship.
E. The Parties find it to be in the public interest to provide for joint use of the Premises by means of
this Agreement under the following terms and conditions.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1) Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference.
2) Supersedes Existing JUA. City and Valley Water waive the 90-day notice of termination
requirement in Provision 11 of the Existing JUA. City and Valley Water agree that this Agreement
supersedes and replaces the Existing JUA as of the Effective Date of this Agreement.
3) Scope of the License Grant to City. Subject to the terms and conditions of this Agreement, Valley
Water hereby grants to City a non-exclusive license to access and do any or all the following on the
Premises:
a. To construct, operate, maintain, repair, replace, and remove improvements and other Trail
amenities for public recreational purposes on the Premises including, but not limited to,
pedestrian and bicycle trails, trailheads, fencing, fixtures (trash receptacles, benches, etc.)
and signage (collectively, “City Improvements”). Any and all work related to construction,
operations, and maintenance of the Trail will be completed in accordance with applicable
federal, state, and local environmental regulations, including but not limited to the federal and
state Migratory Bird Treaty Acts, Clean Water Act, federal and state Endangered Species
Act, the California Fish and Wildlife Code, and the Porter-Cologne Act and any amendments
thereto. All City Improvements shall comply with all building and fire codes and other
applicable legal requirements. If Valley Water approves the City Improvements, Valley Water
shall issue a permit to City for the improvements (“Valley Water Permit”), which approval
shall be in Valley Water’s sole discretion; provided that Valley Water’s approval shall not be
unreasonably delayed, conditioned, or withheld.
b. To provide for public access such as bicycling, walking, jogging, hiking, and similar trail
uses in accordance with all applicable legal requirements to the extent such activities do not
interfere with Valley Water’s mission of flood protection, water resource management, and
stream stewardship.
c. To host special public recreational events (e.g., races, bike-to-work events, etc.) that may
include an otherwise restricted component such as allowing private vehicular access for
safety purposes, so long as Valley Water issues City a Valley Water Permit to host the event.
d. Subject to the conditions and restrictions contained in this Agreement, City shall have full
authority to restrict, control, regulate, and/or supervise public use of the Trail for recreation.
City may, at its discretion, consistent with Valley Water’s Superior Rights and City’s
Subordinate Rights described in Section 12, and without diminution of Valley Water’s ability
to provide flood protection, stream stewardship, water resources management, including the
operation and maintenance thereof, or hazardous materials cleanup on the Premises, take
any measures of every kind that, in the opinion of City, may be necessary for the health and
safety of the public using the Premises. City is responsible for any damage to either Valley
Water improvements or City Improvements that result from City’s or the public's use of the
Premises. City will be responsible for all costs for repair of damage to Valley Water or City's
improvements caused by City or the public.
4) Prohibited Uses of Trail. City shall post notices at all Trail entrances notifying users that the
following are prohibited:
• Entry of motor vehicles (except for maintenance repairs, emergency, and enforcement
vehicles and mobility devices otherwise allowed by law)
• Unleashed dogs
• Public access during Trail closures when maintenance equipment and vehicles and/or
emergency vehicles are present
Subject to the foregoing prohibitions and any other restrictions set forth in this Agreement, City
shall have the sole authority and responsibility to adopt Trail rules and regulations consistent with
federal, state, and local regulations to govern the public’s use of the Premises that will not interfere
with Valley Water’s mission of flood protection, water resource management, and stream
stewardship, as determined by Valley Water.
5) Trash and Litter Removal. City will remove trash from the Premises that is likely to have been
generated from public use of the Premises. City will be responsible for maintaining, servicing, and
emptying trash receptacles and for rubbish removal as reasonably necessary, including providing
for lawful disposal of hazardous waste and/or biowaste. Separately, Valley Water will manage an
Adopt-a-Creek program to provide opportunities for volunteer public trash removal.
6) Vegetation Management. If existing vegetation or trees interfere with City Improvements, the
public’s use of the Premises, or have been deemed hazardous and a danger to the safety of the
public, City is responsible for trimming or removal, as City deems necessary, in accordance with
applicable federal and state laws and Valley Water Permit requirements. Valley Water shall
provide vegetation management as needed for flood protection and fire code compliance
consistent with its management of comparable flood protection facilities. All pruning by City or
City contractors on the Premises must follow ISA ANSI guidelines. Herbicide use on the
Premises must be performed by or under the direct supervision of a licensed QAC/QAL to ensure
herbicides are only applied on the Trail or City Improvements, are suitable for the purpose and
environment they are applied to, and do not drift onto adjacent Valley Water mitigation habitat,
waters, or natural habitat. City shall only use herbicides approved for aquatic use in all areas
below top of bank of a creek, within 20 feet of top of bank of a creek or where required by law.
7) Graffiti Removal. City will have the primary responsibility for removal of graffiti on the Premises
reasonably attributed to use of the Trail. City will provide graffiti removal in compliance with City's
graffiti abatement program, including graffiti removal from City Improvements consistent with its
implementation of the same program at comparable City facilities. No permit from Valley Water,
nor any advance notice, will be required for City to remove routine graffiti from any City or Valley
Water facility within the Premises. Any and all materials used by City in the removal of graffiti within
the limits of this Agreement shall be approved for use in the State of California and consist of
environmentally safe products which will not harm the channel environment of the Premises in any
way.
8) Pioneer Trails. City and Valley Water shall meet and confer to determine the need for fencing or
other protective measures on a trail whenever the public pioneers unauthorized trails. City shall
have primary responsibility for installing and maintaining measures that deter off trail uses. Valley
Water may install, at its sole cost unless otherwise agreed by City, any additional measures to
control public ingress or egress that may be necessary to protect environmentally sensitive areas
or Valley Water facilities.
9) Public Safety. The Santa Clara County Sherriff’s Office will provide public safety services to the
Trail pursuant to its contract with City. Valley Water has no obligation whatsoever to provide or pay
for police patrols.
10) Encampments. City and Valley Water shall meet and confer in good faith to determine the need
and protocol for abating any encampment which blocks Trail access.
11) Public Complaints. City is responsible for responding to all public complaints and inquiries
regarding City Improvements, including the Trail, and to all complaints and inquiries regarding the
public's use of the Premises.
12) Construction, Maintenance, and Repairs.
a. Valley Water is responsible for performing construction, operations, maintenance, and repairs
on the Premises for flood protection, stream stewardship, and water resource management in a
manner consistent with its construction, maintenance, and repairs of comparable facilities or
creeks. It is expressly understood that Valley Water 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 Valley Water 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 (“Superior Rights”). City will have the right to build additional improvements on the
Premises necessary or convenient to the enjoyment of this Agreement, provided that any such
improvement is, in each case during the term of this Agreement, first approved by Valley Water
by issuance of a Valley Water Permit in its sole, unfettered discretion (“Subordinate Rights”).
City acknowledges Valley Water’s Superior Rights and that City’s rights are subordinate thereto.
i) If removal or relocation of City’s fencing is necessary to allow Valley Water to conduct
construction, operations, maintenance, or repairs on the Premises, City shall remove or
relocate its fencing at its own expense within 15 working days after receiving written
notice from Valley Water.
ii) If Valley Water requires that any other City Improvement be removed or relocated for
any Valley Water purpose, City will do so at its own expense within 90 days after receiving
written notice from Valley Water.
iii) If removal or relocation of City Improvements, including vegetation installed by City,
requires mitigation under the California Environmental Quality Act or as a regulatory
permit requirement, City will be responsible for all costs required to fulfill any required
mitigation responsibilities, including providing lands to place mitigation and providing
mitigation monitoring and reporting.
iv) If Valley Water engages in any construction on the Premises, Valley Water will inform
City during preconstruction planning to minimize any adverse impact of Valley Water’s
project on City Improvements.
v) Valley Water agrees to exercise reasonable care during construction, operations,
maintenance, and repair activities to minimize damage to City Improvements. Valley
Water is not responsible for any damage to or replacement of City Improvements that
results from Valley Water’s construction, operation, maintenance, or repair of flood
protection or stream stewardship facilities located on or near the Premises, including,
without limitation, any flood flows or inundation from Stevens Creek on the Premises,
unless the damage to City Improvements is caused by Valley Water’s sole negligence or
willful conduct.
vi) Any replacement of City's Improvements following Valley Water’s construction,
maintenance, or repairs on the Premises will be City’s responsibility and cost and shall
require a Valley Water Permit under Section 3(a). City is solely responsible for informing
the public on the operational status of the Trail, including any plans to close the Trail
temporarily or permanently.
vii) In non-emergencies, City and Valley Water staff will meet, whenever necessary, for
the purpose of scheduling routine maintenance, including, but not limited to:
(a) Maintenance issues related to improvements;
(b) Non-emergency work requiring the use of heavy equipment, barricading,
pedestrian detour plans, and/or restricting access to the Premises. Valley Water and
City further agree to notify one another's designated representative at least ten
workdays prior to commencement of such work to minimize public impacts.
viii) In an emergency on or affecting the Premises, Valley Water may require removal or
relocation of any City Improvement without notice to City.
b. City has sole responsibility for:
i) the construction, operation, maintenance, and repair of all City Improvements;
ii) maintenance and operation of all City Improvements in usable and safe condition; and
iii) the duty, cost, and expense of providing any security; police; preparation of traffic and
pedestrian detour plans, including installation of required appurtenances; public
notices/communications/signage for Trail closures or detours; Trail amenities (including
fencing); modifications or replacements; or other expenditure necessary to temporarily
prohibit or control public access to the Premises that Valley Water would not ordinarily
incur to complete scheduled routine maintenance pursuant to this provision.
13) Water Level Fluctuations. The level of water on the Premises may fluctuate from day to day due
to controlled or uncontrolled flows upon and across the Premises. City shall be responsible for the
control of or limiting the public's use of the Premises to protect the health and safety of the public
from fluctuation in water levels or flooding of the Premises.
14) Signage. City has sole responsibility for providing signage pursuant to Section 12b to notify the
public of Trail closures. The Parties will cooperate to create and install signage that benefits the
programs of each Party such as Trail closure detour signage, maintenance vehicle warnings,
entrance signage, interpretive signs and benches, and joint uses when applicable. The Deputy
Operating Officer of Valley Water and the Parks and Recreation Director of City or their respective
designees will meet and confer on a periodic basis to plan the installation of appropriate signage
that 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 Valley Water’s logo in equal size
and symmetrical relationship to any other logos contained on such signs. In addition, all City signs
placed on the Premises or City publications relating to the Trail that describe water resources must
be developed in conjunction with Valley Water. Each Party is responsible for the maintenance and
upkeep of its signage installed on the Premises.
15) Bird Nesting Season. To the extent feasible, the Parties shall avoid construction or maintenance
activities on the Premises during bird nesting season (generally between January 15th and
August 31st). 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 that the City
implement adequate mitigation measures to protect the nesting area. Environmental impacts will
be considered prior to all work by the responsible Party (City or Valley Water, and/or their agents)
performing said work.
16) Term of Agreement. The term of this Agreement (including the rights and obligations contained
herein), shall commence on the Effective Date and shall expire on the 25th anniversary of the
Effective Date, unless either Party requests a renewal of and/or amendment to the agreement no
less than 180 days prior to the expiration of the then-existing term. If either Party requests a
renewal and/or amendment to the agreement, and a renewal and/or amendment has not been
implemented prior to the expiration of this Agreement, then City shall either close and prevent
public access to the Premises until a new agreement is executed or, subject to written approval by
Valley Water’s Chief Executive Officer and upon written request by City, this Agreement may be
extended for no more than 1 year to maintain public access to the Premises while ongoing efforts
are made to execute a new Agreement.
17) Termination of Agreement. Either Party may terminate this Agreement after providing the other
Party with at least 90 days prior written notice of its intent to terminate this Agreement. Upon the
termination or expiration of this Agreement, City must remove all City 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. Notice of intent to terminate
may be given by City's Director of Public Works. Notice of intent to terminate may be given by
Valley Water’s Chief Executive Officer.
18) Indemnification by City. Notwithstanding any other provision of this Agreement, City agrees to
indemnify, defend, and hold harmless Valley Water, 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’s
use of the Premises, (ii) public's use of real property adjacent to the Premises, or (iii) negligence
or willful misconduct of City's officers, agents, employees, or independent contractors, except to
the extent caused by Valley Water’s active or gross negligence or willful misconduct. This
Agreement to defend, indemnify, and hold harmless Valley Water 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) Indemnification by Valley Water. Notwithstanding any other provision of this Agreement, Valley
Water agrees to indemnify, defend, and hold harmless 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 and are caused by
Valley Water’s active or gross negligence or willful misconduct. This Agreement to defend,
indemnify, and hold harmless City will operate only to the extent that the basis of the claim, liability,
loss, damage, or injury is a result of Valley Water’s active or gross negligence or willful misconduct
and not a result of or caused by any physical condition of Premises.
20) Insurance. City and Valley Water shall, throughout the duration of this Agreement, maintain and
cause its contractors to maintain sufficient insurance and coverage as described in Exhibit B, attached
hereto and incorporated herein. City and Valley Water can meet the insurance requirements of this
Section through self-insurance which can be substantiated by issuance of a certificate of self-
insurance.
21) Equal Opportunity Employer. Valley Water is an equal opportunity employer and requires public
agencies that it enters into this Agreement with to have and adhere to a policy of equal opportunity
and non-discrimination. In the performance of the Agreement, City will comply with all applicable
federal, state, local laws and regulations, and will not discriminate against any subcontractor,
employee, or applicant for employment in the recruitment, hiring, employment, utilization, promotion,
classification or reclassification, transfer, recruitment advertising, evaluation, treatment, demotion,
layoff, termination, rates of pay or other forms of compensation, and selection for professional
development training (including apprenticeship), or against any other person, on the basis of sex
(which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy,
childbirth or breastfeeding), race, religion, color, national origin (including language use restrictions),
ancestry, religious creed (including religious dress and grooming practices), political affiliation,
disability (mental and physical, including HIV or AIDS), medical condition (cancer and genetic
characteristics), genetic information, marital status, parental status, gender, age (40 and over),
pregnancy, military and veteran status, sexual orientation, gender identity and gender expression,
the exercise of family and medical care leave, the exercise of pregnancy disability leave, or the
request, exercise, or need for reasonable accommodation.
Compliance with Applicable Equal Opportunity Laws. City’s policy must conform with applicable state
and federal guidelines including the Federal Equal Opportunity Clause, “Section 60-1.4 of Title 41,
Part 60 of the Code of Federal Regulations,” Title VII of the Civil Rights Act of 1964 as amended; the
Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (Sections §503 and §504); the
Age Discrimination Act of 1975 (42 U.S.C. §sec. 6101 et seq.); the California Fair Employment and
Housing Act (Government Code §12900 et. seq.); and California Labor Code §1101 and §1102.
City must designate a specific position within its organization to be responsible for investigating
allegations of non-compliance with anti-discrimination and anti-harassment provisions of this
Agreement. City must conduct a fair, prompt, and thorough investigation of all allegations directed to
City by Valley Water. In cases where such investigation results in a finding of discrimination,
harassment, or hostile work environment, City must take prompt, effective disciplinary action against
the offender.
22) Notices. Any and all notices required to be given hereunder 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:
City of Cupertino
Attention: Public Works Director
10300 Torre Avenue
Cupertino, CA 95014-3266
Valley Water:
Santa Clara Valley Water District
Attention: Clerk of the Board
5750 Almaden Expressway
San Jose, CA 95118
w/copy to Lands Management Program
23) 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 Valley Water.
24) Choice of Law. This Agreement is governed by California law. Proper venue for legal action
regarding this Agreement shall be in the County of Santa Clara.
25) Amendments. This Agreement may not be modified or amended except in writing signed by the
authorized representative of both parties and approved as required by applicable law.
26) Compliance with Laws. Each Party shall, in all activities undertaken pursuant to this Agreement,
comply and cause its contractors, agents, and employees to comply with all applicable federal,
state, and local laws, statutes, orders, ordinances, rules, and regulations.
27) 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.
28) 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.
29) Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions will nevertheless continue in force without
being impaired or invalidated in any way; provided, however, this paragraph shall not be applied to
the extent that it would result in a frustration of the parties’ intent under this Agreement.
30) Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute
a waiver of that provision as to that or any other instance. Any waiver granted by a Party must be
provided, in writing, and shall apply to the specific instance expressly stated.
31) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall
be deemed to be an original but all of which together shall constitute one and the same instrument.
32) Electronic Signature. Unless otherwise prohibited by law or City policy, the Parties agree that an
electronic copy of a signed contract, or an electronically signed contract, has the same force and legal
effect as a contract executed with an original ink signature. The term "electronic copy of a signed
contract" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of
an original signed contract in a portable document format. The term "electronically signed contract"
means a contract that is executed by applying an electronic signature using technology approved by
the City.
33) No Third-Party Beneficiaries. This Agreement is entered into only for the benefit of the Parties
executing this Agreement and not for the benefit of any other individual, entity, or person.
34) Signatures. The individuals executing this Agreement represent and warrant that they have the
right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of
the respective legal entities of the City and the Valley Water.
35) Entire Agreement and Incorporation of Exhibits. This Agreement, together with all exhibits
referenced herein and attached hereto, constitutes the entire agreement between the Parties and
supersedes all prior written and oral understandings.
signatures next page
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year last written
below.
"City" "Valley Water"
CITY OF CUPERTINO SANTA CLARA VALLEY WATER DISTRICT,
A municipal corporation a Special District, created by the California Legislature
By:________________________Date:_________
By:_______________________Date:________
Pamela Wu
City Manager Interim Chief Executive Officer
ATTEST:
___________________________________
Kirsten Squarcia
City Clerk
APPROVED AS TO FORM:
ATTEST:
___________________________________
Interim Clerk of the Board of Directors
APPROVED AS TO FORM:
__ _
__ _ Christopher D. Jensen J. Carlos Orellana
City Attorney District Counsel
EXHIBIT A (PREMISES)
EXHIBIT B (INSURANCE REQUIREMENTS)
Without limiting the Contractor’s indemnification of, or liability to, the Santa Clara Valley Water District
(“Valley Water”) and the City of Cupertino, the Contractor must provide and maintain at its own expense,
during the term of this Agreement, or as may be further required herein, the following insurance coverages
and provisions as listed below.
Contractor must provide its insurance broker(s)/agent(s) with a copy of these requirements and
warrants that these requirements have been reviewed by Contractor’s insurance agent(s) and/or
broker(s), who have been instructed by Contractor to procure the insurance coverage required herein.
In addition to certificates, Contractor must furnish Valley Water with copies of all original endorsements
affecting coverage required by this Attachment. The certificates and endorsements are to be signed by
a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates
are to be received and approved by Valley Water. In the event of a claim or dispute, Valley Water
has the right to require Contractor’s insurer to provide complete, certified copies of all required pertinent
insurance policies, including endorsements affecting the coverage required by this Attachment
insurance document.
If your insurance broker has any questions about the above requirements, please advise him/her to
email Valley Water Risk Manager at RiskManager@valleywater.org.
CERTIFICATES OF INSURANCE
Contractor shall furnish Valley Water with a Certificate of Insurance. The certificates will be issued on a
standard ACORD Form.
Contractor shall instruct their insurance broker/agent to submit all insurance certificates and required
notices electronically in PDF format to the designated Valley Water Agreement Administrator and email
a copy to valleywater@ebix.com.
The certificates will:
1. Identify the underwriters, the types of insurance, the insurance limits, the deductibles and the
policy term;
2. Include copies of all the actual policy endorsements required herein; and
3. In the “Certificate Holder” box include:
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
and
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
In the Description of Operations/Locations/Vehicles/Special Items Box:
1. Certificate Holder shall be named as Additional Insured;
2. Valley Water agreement or project number shall appear;
3. The list of policies scheduled as underlying on the Umbrella policy shall be listed; and
4. Waiver of Subrogation must be indicated as endorsed to all policies.
If Contractor receives any notice that any of the insurance policies required by this Exhibit B,
Insurance may be cancelled or coverage reduced for any reason whatsoever, Contractor or
insurer shall immediately provide written notice to the designated Valley Water Agreement
Administrator that such insurance policy required by this Exhibit B Insurance is canceled or
coverage is reduced.
MAINTENANCE OF INSURANCE
If Contractor fails to maintain such insurance as is called for herein, Valley Water, at its option, may
suspend payment for work performed and/or may order Contractor to suspend all Contractor’s work at
Contractor’s expense until a new policy of insurance is in effect.
RENEWAL OF INSURANCE
Contractor will provide Valley Water with a current Certificate of Insurance and endorsements within
Thirty (30) business days from the expiration of insurance.
Contractor shall instruct its insurance broker/agent to:
1. Submit all renewals of insurance certificates and required notices electronically in PDF format
to:
valleywater@ebix.com
2. Provide the following information in the “Certificate Holder” box:
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
and
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Contractor must, at its sole cost and expense, procure and maintain during the entire
period of this Agreement the following insurance coverage(s).
REQUIRED COVERAGES
1. Commercial General/Business Liability Insurance with coverage as indicated:
$500,000 per occurrence/$500,000 aggregate limits for bodily injury and property damage.
$500,000 Products/Completed Operations aggregate (to be maintained for at least three (3)
years following acceptance of the work by Valley Water.
General Liability insurance must:
a. Be written on standard ISO forms, or inspected by Valley Water Risk Manager.
b. Include coverage at least as broad as found in standard ISO form CG 0001.
c. Include Premises and Operations.
d. Include Contractual Liability expressly including liability assumed under this Purchase
Order.
e. If Contractor will be working within fifty (50) feet of a railroad or light rail operation, any
exclusion as to performance of operations within the vicinity of any railroad bridge,
trestle, track, roadbed, tunnel, overpass, underpass, or crossway must be deleted, or a
railroad protective policy in the above amounts provided.
f. Include Owners and Contractor’s Protective liability.
g. Include Severability of Interest.
h. Include Explosion, Collapse and Underground Hazards, (X, C, and U).
i. Include Broad Form Property Damage liability.
j. Contain no restrictive exclusions (such as but not limited to CG 2153, CG 2144 or CG
2294).
Valley Water reserves the right to require certain restrictive exclusions be removed to ensure
compliance with the above.
2. Business Auto Liability Insurance with coverage as indicated:
$500,000 combined single limit for bodily injury and property damage per occurrence, covering
all owned, non-owned and hired vehicles.
Excess or Umbrella policies may be used to reach the above limits for the General Liability
and/or Business Auto Liability insurance limits, however all such policies must contain a primacy
clause (See Section 2, General Conditions) and meet all other General Conditions below.
3. Workers’ Compensation and Employer’s Liability Insurance
Statutory California Workers’ Compensation coverage covering all work to be performed for
Valley Water.
Employer Liability coverage for not less than $1,000,000 per occurrence.
GENERAL REQUIREMENTS
With respect to all coverages noted above, the following additional requirements apply:
1. Additional Insured Endorsement(s): Contractor must provide an additional insured
endorsement for Commercial General/Business Liability and Business Automobile liability
coverage naming the Santa Clara Valley Water District, its Directors, officers, employees,
and agents, individually and collectively, as additional insureds, and must provide coverage
for acts, omissions, etc. arising out of the named insureds’ activities and work. NOTE: This
section does not apply to the Workers’ Compensation.
2. Primacy Clause: Contractor will provide evidence (either through the Certificate of Insurance,
endorsement or language in the insurance contract) that Contractor’s insurance is primary with
respect to any other insurance which may be carried by Valley Water, its Directors, its officers,
agents and employees, and Valley Water’s coverage must not be called upon to contribute or
share in the loss. NOTE: This section does not apply to the Workers’ Compensation policies.
3. Cancellation Clause: Contractor will provide endorsements for all policies stating that the
policy will not be cancelled without 30 days prior notification to Valley Water.
4. Acceptability of Insurers: All coverages must be issued by companies admitted to conduct
business in the State of California, which hold a current policy holder's alphabetic and financial
size category rating of not less than A- V, according to the current Best's Key Rating Guide or a
company of equal financial stability that is approved by Valley Water’s Risk Manager. Non-
Admitted companies may be substituted on a very limited basis at the Risk Manager’s sole
discretion.
5. Self-Insured Retentions or Deductibles: Any deductibles or self-insured retentions must be
declared to and approved by Valley Water. At the option of Valley Water, either: the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects Valley Water, its
officers, officials, employees and volunteers; or the Contractor shall provide a financial
guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations,
claim administration, and defense expenses. Contractor agrees that in the event of a claim they
will pay down any agreed upon SIR in a prompt manner as soon as bills are incurred in order to
trigger the insurance related to the SIR.
6. Subcontractors: The Contractor shall secure and maintain or shall be responsible for ensuring
that all subcontractors performing the Contract Services secure and maintain all insurance
coverages appropriate to their tier and scope of work in a form and from insurance companies
reasonably acceptable to Valley Water.
7. Amount of Liability Not Limited to Amount of Insurance: The insurance procured by
Contractor for the benefit of Valley Water must not be deemed to release or limit any liability of
Contractor. Damages recoverable by Valley Water for any liability of Contractor must, in any
event, not be limited by the amount of the required insurance coverage.
8. Coverage to be Occurrence Based: Except for Professional Liability, all coverage must be
occurrence-based coverage. Claims-made coverage is not allowed.
9. Waiver of Subrogation: Contractor agrees to waive subrogation against Valley Water to the
extent any loss suffered by Contractor is covered by any Commercial General Liability policy,
Automobile policy, Workers’ Compensation policy described in Required Coverages above.
Contractor agrees to advise its broker/agent/insurer and agrees to provide evidence (either
through the Certificate of Insurance, endorsement or language in the insurance contract) that
subrogation has been waived by its insurer.
10. Non-compliance: Valley Water reserves the right to withhold payments to the Contractor in the
event of material noncompliance with the insurance requirements outlined above.
CHECKLIST OF DOCUMENTS NEEDED
General Liability: A. Limits ($500,000)
B. Additional Insured (Endorsement)
C. Waiver of Subrogation (COI, Endorsement or policy language)
D. Primacy (COI, Endorsement or policy language)
E. Cancellation Endorsement
Auto Liability: A. Limits ($500,000)
B. Additional Insured (Endorsement)
C. Waiver of Subrogation (COI, Endorsement or policy language)
D. Primacy (COI, Endorsement or policy language)
E. Cancellation Endorsement
Umbrella: A. Limits ($)
B. Primacy (Endorsement or policy language)
Workers’ Comp: A. Limits ($1,000,000)
B. Waiver of Subrogation (Endorsement or policy language)
C. Cancellation Endorsement
Exhibit B, Joint Use Agreement GL/AL $500K/WC_11.26.2024
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