12. SCVWD agreements
CUPERTINO
PUBLIC WORKS DEPARTMENT
Sum>lnary
AGENDA ITEM I ~ AGENDA DATE August 4, 2009
SUBJECT AND ISSUE
Santa Clara Valley Water District items:
a. Adopt a resolution authorizing the City N[anager to negotiate and execute an Amendment
to the Joint Use Premises Agreement between the Santa Clara Valley Water District and
the City of Cupertino.
b. Adopt a resolution authorizing the City Manager to accept and execute the Footbridge
Easement Deed and Agreement and pay $500.00 for the easement over the area being
granted by Santa Clara Valley Water District to the City of Cupertino for the Mary
Avenue Bicycle Footbridge.
BACKGROUND
On December 6, 2006, the City Council authorized the City Manager to negotiate and execute an
Agreement for Joint Use of Premises between the Santa Clara Valley Water District and the City
of Cupertino for the placement of a portion of Mary Avenue Bicycle Footbridge foundation
within the District right of way.
During the process with Caltrans, it was determined that a permanent easement for operation and
maintenance, underground rights for the foundation, and above ground rights far the bridge
superstructure was necessary to satisfy their requ;rements.
Optimal placement of the Mary Avenue Bicycle Footbridge sout~ierly tower foundation requires
that the foundation encroach on the right-of-way of the Santa Clara Valley Water District's
Junipero Serra Channel. The Junipero Serra Channel, a concrete-lined flood control channel on
the south side of I-280, will not be materially affected by the encroachment of the foundation
into its right of way.
12-1
The Amendment to the current agreement is necessary to add a clause that automatically
terminates the agreement upon the District granting the City easement rights to the area..
The City and, Santa Clara Valley Water District have worked closely to produce the Footbridge
Easement Deed and Agreement for a permanent easement for the area. This easement would
allow for the operating and maintaining the footbridge, along with underground rights for the
foundation, and the aboveground rights for the footbridge superstructure. An appraisal was
completed and it was determined that the easement right value is $500.00 which would be paid
to Santa Clara Valley Water District.
FISCAL IMPACT
There will be a one time fee of $500.00 for the Easement Purchase from the Mary Avenue
Bicycle Footbridge account #428-9449-9300.
STAFF RECOMMENDATION
Adopt a resolution authorizing the City Manager to negotiate and execute an Amendment to the
Joint Use Premises Agreement between the Santa Clara Valley Water District and the City of
Cupertino.
Adopt a resolution authorizing the City Manager to accept and execute the Footbridge Easement
Deed and Agreement and pay $500.00 for the easement over the area being granted by the Santa
Clara. Valley Water District to the City of Cupertino for the Mary Avenue Bicycle Footbridge.
Submitted by: Approved for submission to
the City Council:
Ralph A. Qualls, Jr. David W. Knapp
Director of Public Works City Manager
12-2
RESOLUTIOPI N0.49-127
A RESOLUTION OF THE CITY COUI`iCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
AN AMENDMENT TO THE JOINT USE OF PREMISES AGREEMENT BETWEEN
THE CITY OF CUPERTINO AND SANTA CLARA VALLEY WATER DISTRICT
WHEREAS, the City has been reque:;ted to execute an Amendment to the joint
use of premises agreement with the Santa Clara Valley Water District to allow
encroachment into the right of way of the Jiznipero Serra Channel for a portion of the
Mary Avenue Bicycle Footbridge Project.
NOW, THEREFORE, LET IT BE RESOLVED, that the City Council of the City
of Cupertino hereby authorizes the City Manager to negotiate and execute an Amendment
to the Joint Use Premises Agreement Betwee~i the Santa Clara Valley Water District and
the City of Cupertino, which allowed the City to place a portion of the Mary Avenue
Bicycle Footbridge foundation within the District right of way.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of August 2009, by the following vote:
Vote Members of the C~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
12-3
r
RESOLUTION N0.09-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE
FOOTBRIDGE EASEMENT DEED AND AGREEMENT BETWEEN THE CITY
OF CUPERTINO AND THE SANTA CLARA VALLEY WATER DISTRICT
WHEREAS, the City has been requested to accept and execute the Footbridge
Easement Deed and Agreement with the Santa Clara Valley Water District to the City of
Cupertino for the Mary Avenue Bicycle Footbridge operation and maintenance,
underground rights for the foundation, and above ground rights for the bridge
superstructure.
NOW, THEREFORE, LET IT BE RESOLVED, that the City Council of the City
of Cupertino hereby authorizes the City Manager to accept and execute the Footbridge
Easement Deed and Agreement and pay $500.00 for the easement over the area being
granted by Santa Clara Valley Water District to the City of Cupertino for the Mary
Avenue Bicycle Footbridge operation and maintenance, underground rights for the
foundation, and above ground rights for the bridge superstructure.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of August 2009, by the following vote:
Vote Members of the C~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
12-4