January 6, 2004 

SUBJECT:Authorization for City Manager to Approve Agency-Water District Joint Use Agreement for Calabazas Creek Trail

REPORT IN BRIEF

The Santa Clara Valley Water District allows public use of District lands for recreation, transportation and other uses with oversight by cities and other agencies.  The mechanism for allowing this use is a “Joint Use Agreement.”  Attached for the City Council’s consideration is a Joint Use Agreement for a Calabazas Creek Trail.  This trail will form a connection between the John Christian Greenbelt, Mission College, and the Bay Trail in northeastern Sunnyvale.  The trail is funded through federal, local and Water District funds and will be constructed and maintained by the City.  Construction plans are complete, execution of this agreement is required to finalize Water District construction permits and authorize construction.  Staff recommends that the City Council authorize the City Manager to execute a Joint Use Agreement for the Calabazas Creek Trail.

FISCAL IMPACT

Execution of the grant agreement does not have a direct fiscal impact.  Should the agreement not be executed, the Calabazas Creek Trail project could not move forward, and federal and Water District grant funds would need to be returned.  Forfeiture of the federal funds would necessitate repayment of funds already used for design.  A penalty would also be assessed to the City in the amount of loss of future federal funds in the amount of the funds forfeited ($430,000).

PUBLIC CONTACT

Public contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk’s Office. 

ALTERNATIVE ACTIONS 

1. Authorize the City Manager to execute the Joint Use Agreement for a Calabazas Creek Trail (Attachment A).

2. Elect not to authorize execution of the agreement.  Trail construction would not be possible, and loss of federal and Water District grant funds as well as fiscal penalties would result.

RECOMMENDATION

Staff recommends Alternative #1.

Prepared by:

Jack Witthaus
Transportation and Traffic Manager

Reviewed by:

Marvin A. Rose
Director, Department of Public Works

Approved by:

Amy Chan
Acting City Manager

Attachment

A. Joint Use Agreement