CC 01-22-2025 Item No. 7. Joint Use Agreement Santa Clara Valley Water District_Supplemental Report1
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: January 22, 2025
Agenda Item #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’s responses to questions received from councilmember are shown in italics.
Q1: The staff report states "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 title of the Joint Agreement states "Stevens Creek Trail Between McClellan
Ranch Park and Blackberry Farm Park". But it's still unclear what areas are included in
the agreement (although I can kind of guess it). Please provide a map of the area covered
by this agreement. (Chao)
Staff response: The property (Parcel # 357-13-036), owned by the Santa Clara Valley Water
District, is the area covered by this agreement. A map of the property is provided below and can
also be found in Attachment A of the original staff report.
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Q2: This agreement applies only to properties owned by the Water District and it does
not apply to any property owned by the City or any other private party, right? (Chao)
Staff response: This agreement applies solely to the property (Parcel # 357-13-036) owned by
Santa Clara Valley Water District as this is an agreement between City of Cupertino and the
Santa Clara Valley Water District.
Q3-1: The staff report states that "The City and the District executed a twenty-five-year
Joint Use Agreement in 1999, and the agreement expired on November 16, 2024." Please
provide a copy of the previous agreement. (Chao)
Staff response: The agreement executed in 1999 is attached to this supplemental report.
Q3-2: The staff report states that "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." Since the new agreement is only "similar in structure" to
the previous one, please provide a list of modifications made to the previous agreement
and reasons for such changes. (Chao)
Staff response: The new agreement incorporates the latest template agreement from Santa Clara
Valley Water District, with new provisions addressing unauthorized trails, encampments, public
complaints, and water level fluctuations. Such provisions include a meet and confer process to
address concerns regarding encampments and unauthorized trails, as well as responsibility for
public complaints and fluctuating water levels.
Q4: For the other properties owned by the Water District that are not covered by this
agreement, what is the right and responsibilities of the City or any member of the public
to trespass or to perform cleanup work on the Water District property? (Chao)
Staff response: Those rights and responsibilities would be governed by applicable laws (including
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laws against trespass) and any agreements pertaining to the property.
Q5: A member of the public stated in their written comments: "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." Has the City removed graffiti under the
Stevens Creek Blvd Bridge? How often was that done? (Chao)
Staff response: Maintenance for the area under Stevens Creek Bridge, including graffiti removal, is
the responsibility of Santa Clara Valley Water District, not that of the City of Cupertino. This
agreement pertains only to Parcel # 357-13-036, which does not include Stevens Creek Blvd
Bridge.
Q6: Why is this agreement prepared by the Economic Development Manager, who does
not seem to normally have expertise in this area? Shouldn't this fall under Public Works
or Sustainability? (Chao)
Staff response: This agreement was prepared through collaboration between the City Manager’s
Office and the Public Works staff.
Attachments Provided with Original Staff Report:
A – Draft Joint Use Agreement, City-Santa Clara Valley Water District, for Stevens Creek
Trail
Attachments Provided with Supplemental 1:
B – 1999 Joint Use Agreement, City-Santa Clara Valley Water District, for Stevens Creek
Trail