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2017-11-27 City Council Agenda Packet
City Council 1 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Monday, November 27, 2017 Special Meeting Council Chambers 5:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday 11 days preceding the meeting. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Closed Session 5:00-6:00 PM Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION Significant Exposure to Litigation Under Section 54956.9(d)(2) (One Potential Case, as Defendant) – Palo Alto-Stanford Fire Protection Agreement Study Session 6:00-7:00 PM 2.Joint Study Session of the City Council and the Utilities Advisory Commission 7:00-8:00 PM 3.285 Hamilton [17PLN-00309]. Applicant Requests a Prescreening Discussion for a Possible Text Amendment That Would Allow Development Exceptions for Rooftop Decks Within the Downtown Area, Including the Subject Property. Environmental Assessment: The Subject Request is not a Project in Accordance With the California Environmental Quality Act (CEQA) (Continued From October 30, 2017) 2 November 27, 2017 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Agenda Changes, Additions and Deletions City Manager Comments 8:00-8:10 PM Oral Communications 8:10-8:25 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval 8:25-8:30 PM 4.Approval of Action Minutes for the November 6 and 7, 2017 Council Meetings Consent Calendar 8:30-8:35 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 5.Approval of Change Order Number 1 to Contract Number S17165567 With Monterey Mechanical Co. Adding $300,000 in Compensation for a Total Not-to-Exceed Amount of $550,000 for the On-call Emergency Construction Services Project Funded in Wastewater Treatment Enterprise Fund Capital Improvement Program, Project WQ-04011 at the Regional Water Quality Control Plant 6.Approval of a Purchase Order With Peterson Caterpillar in the Amount of $534,857 for the Purchase of Four 2017 Caterpillar Model 420F2 HRC Backhoe Loaders 7.Approval of a Contract With Strawn Construction, Inc. in the Amount of $5,944,000 for the Fire Station No. 3 Replacement Project; Authorization for the City Manager to Negotiate and Execute Related Change Orders Not-to-Exceed $594,400 in Total Value; Approval of Amendment Number 1 to Contract Number C16163034 With Nova Partners, Inc. to Increase Compensation by $359,264 for Construction Management Services for Fire Station No. 3; and Approval of a Budget Amendment in the Capital Improvement Fund 8.Adoption of a Resolution to Designate an Aleppo Pine at 1231 Parkinson Avenue as Heritage Tree Number 8 9.SECOND READING: Adoption of an Ordinance Establishing Speed Limits for Certain Streets Pursuant to the California Vehicle Code and Amending Palo Alto Municipal Code Chapter 10.56 (Special Speed Zones) to Establish Such Speed Limits, Including Increased Speed Limits of 40 MPH on two Roadway Segments and Reduced Speed Limits of 20 MPH Within School Zones During School Hours When Q&A Q&A Q&A 3 November 27, 2017 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Children are Present (FIRST READING: November 7, 2017 PASSED: 8-0 DuBois absent) Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 8:35-10:00 PM 10.PUBLIC HEARING / QUASI-JUDICIAL: Highway 101 Pedestrian/Bicycle Overpass and Adobe Creek Reach Trail Project [17PLN-00212]. Adoption of a Resolution Adopting the Mitigated Negative Declaration, Including the Mitigation, Monitoring and Reporting Program; Adoption of a Park Improvement Ordinance; and Approval of a Record of Land Use Action to Allow Construction of a Multi-use Pedestrian and Bicycle Overpass Structure Over Highway 101 Near San Antonio Road, Construction of the Adobe Creek Bridge and Adobe Creek Reach Trail, and Reconfiguration of the Adjacent Parking lot at 3600 West Bayshore Road. Environmental Assessment: An Initial Study/Mitigated Negative Declaration (IS/MND) was Circulated for Public Comment On September 1, 2017 and Ended on October 2, 2017. A Final IS/MND is Available for Review. (This Item was Previously Noticed for the November 13, 2017 Council Meeting) Inter-Governmental Legislative Affairs Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. Q&A 4 November 27, 2017 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Standing Committee Meetings Sp. Rail Committee Meeting November 29, 2017 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Public Letters to Council Set 1 City of Palo Alto (ID # 8681) City Council Staff Report Report Type: Study Session Meeting Date: 11/27/2017 City of Palo Alto Page 1 Summary Title: Study Session Between the Council and UAC Title: Joint Study Session of the City Council and the Utilities Advisory Commission From: City Manager Lead Department: Utilities This report is provided as discussion material for the joint study session of the Palo Alto City Council and Utilities Advisory Commission (“UAC”). As a study session, no formal action will be taken during the joint session. The City Council and the UAC periodically meet in a joint study session to discuss matters that fall within or are otherwise related to the role, purposes and duties of the UAC. Based on UAC interests expressed, below is the list of potential topics for discussion during the joint Council- UAC study session scheduled on November 27, 2017: 1. Fiscal Year 2017 Accomplishments 2. FY 2018 Workplan 3. UAC Interest Areas a. Resiliency b. Electric Vehicles c. Fiber Utility d. Workforce 4. Council Focus Areas 5. Local Solar Policy 6. Council-UAC Communications & Relationship The joint Council-UAC study session discussion may also touch on other matters concerning to the role, duties and purpose of the UAC (See Palo Alto Municipal Code § 2.23.050). FISCAL YEAR 2017 ACCOMPLISHMENTS 2016-17 was a typically active year for the UAC. With leadership from Chair James F. Cook and Vice Chair Michael Danaher, the UAC discussed and made recommendations on the following issues that were then advanced for approval by the City Council: City of Palo Alto Page 2 Carbon Neutral Gas Plan Rooftop Solar Net Energy Metering Transition Policy Design Guidelines for Natural Gas Cost of Service Analysis Utilities Legislative Policy Guidelines 2017 Water Integrated Resource Plan Ten-Year Electric and Gas Energy Efficiency Goals (2018 to 2027) FY 2018 Electric, Gas, Wastewater Collection, and Water Utility Financial Plans Drought Water Savings EIR Approval for Recycled Water Pipeline Project Future Plans for Fiber and Broadband Expansion/Expand Wi-Fi to Unserved City Facilities and Discontinue Consideration of City-Provided Wi-Fi in Commercial Areas Draft Sustainability and Climate Action Plan (S/CAP) Implementation Plan (SIP) Review of Development Services Analysis of Cost-Effectiveness of Mandates for Building Electrification Utilities Operating and Capital Budgets for FY 2018 Declining to Set an Energy Storage System Target Due to Lack of Cost-effective Options Community Solar Preliminary Program Design Elements In addition to the items above, the UAC also discussed and provided feedback to staff on a variety of discussion items. Staff greatly appreciates the thoughtful and constructive input provided by the UAC on a wide range of utility-related topics. WORKPLAN FOR FY 2018 With ongoing UAC engagement, the Utilities Department is well into the process of updating its five-year Strategic Plan. The goal of the Strategic Plan is to ensure maximum alignment between CPAU’s resources and activities with the City Council’s policy direction, citywide organizational culture, employee and stakeholder interests, and customer service expectations. The Strategic Plan also is intended to guide CPAU in successfully advancing the City’s mission and priorities over the next five years through the development of CPAU goals, objectives and initiatives; revisit the vision and/or mission statements; and result in the identification of tactical action items and a refined system for tracking performance. The strategic planning process anticipates an extensive stakeholder engagement process with the UAC providing a key advisory role in the development of the Strategic Plan. A schematic of the strategic planning process is provided in Attachment A. In addition to strategic planning, the UAC’s engagement encompasses both broad strategic direction and detailed tactical actions in support of the Utilities mission and operations. Attachment B provides an overview of the anticipated topics to be discussed by the UAC over the upcoming year, with most items presented as a precursor to City Council consideration. As can be seen, the UAC has a full docket of substantive issues planned for the year. The UAC also raised the topic of whether there are issues assigned that detract from organizational focus and progress in other areas. UAC members may wish to raise specific issues they believe fall into City of Palo Alto Page 3 this category and suggest modification or clarification of council direction. Attachments: Attachment A: Utilities Strategic Planning Process Attachment B: Forecast 12Month Rolling Calendar Trends & Data Collection Vision & Issue Definition Strategies & Tactics Implementation & Plan City of Palo Alto Utilities | Strategic Planning Process October 18, 2017BluePoint Planning Em p l o y e e & S t a k e h o l d e r E n g a g e m e n t Pl a n D e v e l o p m e n t UA C July August September November December 2018 Jan-Mar Initial Trends Draft Vision & Issues Vision & Issues Defined Initial Strategies & Tactics Draft Strategic Plan Final Strategic Plan Review & Revised Strategic Plan Core Planning Team (CPT) Meeting #1 Utility Stakeholder Group (USG) #1 CPT Meeting #2 UAC Meeting #2 9/6 USG #2 CPT Meeting #3 CPT Meeting #4 Council Presentation Kick Off Meeting UAC Meeting #4 12/6 Community Workshop UAC Meeting #3 11/1 Ongoing Employee Input Ongoing Coordination Employee Small Group Meetings All Hands Meeting City Mgmt Stakeholder Meeting Employee Workshop #2 Employee Workshop #1 Utility Advisory Commission Meeting #1 7/12 October CPT Meeting #5 10/4 ATTACHMENT A FORECAST 12-MONTH ROLLING CALENDAR Utilities Advisory Commission City Council November 2017 Debrief from the Joint Study Session 2017 Util Strategic Planning – Strategies & Tactics Smart Grid Assessment and Developing Util Tech Roadmap Adopt Revised Util Rule & Reg 11, “Billing, Adjustments & Payment of Bills” 2018 Update of the Util Legislative Guidelines Review of Proposed Distributed Energy Resources Plan Customer Segmentation Oaxaca Carbon Offset Purchasing Agreement (Council) December 2017 2017 Utilities Strategic Plan: Recommend Approval Recycled Water Project Alternative Evaluation and Business Plan Hydroelectric Generation Variability Management Strategy Electric Integrated Resource Plan – Renewable Portfolio Standard required and possible modifications Upgrade Downtown Project (Council) Extension of Elster Contract (Council) January 2018 Preliminary Results of Distribution Systems Assessment to Facilitate Distributed Energy Resources: 2020 and 2030 Electric Integrated Resource Plan – Renewable Portfolio Standard requirements and possible modifications (Council) February 2018 Approval of Distributed Energy Resource Plans: 2018 to 2030 Preliminary Findings and Recommendation on Smart Grid Assessment and Implementing Utility Technology Roadmap Electric Integrated Resource Plan – Carbon Neutral Portfolio Hydroelectric Variability Management Strategy (Finance) 2017 Utilities Strategic Plan: Recommend Approval (Finance) March 2018 Financial Forecasts / Rate Changes Electric Integrated Resource Plan – Portfolio Management and Transmission Electric Integrated Resource Plan – Carbon Neutral Portfolio (Finance) Approval of Distributed Energy Resource Plans: 2018 to 2030 (Council) Hydroelectric Variability Management Strategy (Council) 2017 Utilities Strategic Plan: Approval (Council) April 2018 Financial Forecasts / Rate Changes Financial Forecasts / Rate Changes (Finance) Electric Integrated Resource Plan – Carbon Neutral Portfolio (Council) May 2018 Budget Workshop Financial Forecasts / Rate Changes (Finance) June 2018 Electric Integrated Resource Plan – Proposed Objectives, Key Strategies and Implementation Plan Financial Forecasts / Rate Changes (Council) July 2018 Electric Integrated Resource Plan – Proposed Objectives, Key Strategies and Implementation Plan (Finance) August 2018 September 2018 October 2018 To be Scheduled Water Benchmarking Study Update UAC Bylaws Update on City ERP and Utilities Billing System Long-Term Direction for Utilities Crossbore Updates, Next Steps: Phase 2 Implementation Utl Engineering Services contract with Utilimap Electric Rate Design Review Related to EV and Heat Pumps Community Solar Program Elements ATTACHMENT B City of Palo Alto (ID # 8648) City Council Staff Report Report Type: Study Session Meeting Date: 11/27/2017 City of Palo Alto Page 1 Summary Title: 285 Hamilton: Prescreening Request for a Zoning Text Amendment Title: 285 Hamilton [17PLN-00309]. Applicant Requests a Prescreening Discussion for a Possible Text Amendment That Would Allow Development Exceptions for Rooftop Decks Within the Downtown Area, Including the Subject Property. Environmental Assessment: The Subject Request is not a Project in Accordance With the California Environmental Quality Act (Continued From October 30, 2017) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council conduct a prescreening review of the applicant’s proposed concept for a zoning text amendment to allow roof deck patios on top of nonconforming buildings in the Downtown Commercial (CD) district. Background Applicant is interested in establishing a roof deck at the subject address. Roof decks are mentioned twice in the municipal code as it pertains to residential development. Roof decks have been allowed in the past for residential and commercial buildings, subject to meeting applicable development standards, including height, floor area, and parking. The subject building exceeds current height limit and floor area for the district. The applicant requests the City Council consider a future ordinance that would permit roof decks on nonconforming commercial buildings Downtown, subject to a discretionary review process, and with certain performance standards related to the proximity of residential development, height of railings, landscaping and other features. (see Attachment B) The applicant also suggests, as an alternative, that the subject property could serve as a case study for such an ordinance that could be repealed if later determined necessary. The subject property was constructed in 1971, is five stories and 82'-6" tall in a district with a current height limit of 50-feet. The building has 48,585 square feet of office floor area (FAR City of Palo Alto Page 2 3.88:1). The roof surface is approximately 9,750 square feet; however, the applicant is considering a roof deck of approximately 2,650 square feet. Establishing a roof deck on the subject building would incrementally increase the building volume height and floor area for the nonconforming structure. It is anticipated the roof deck system would result in a slightly raised roof surface and include the addition of guard railings, elevator enclosures, trellises, and fixed or moveable furniture. The elevator would contribute to floor area, which may require review of parking requirements. Any increase in the nonconforming height or floor area could not be accomplished based on current codes. Additionally, the City Council in 2016 reinforced a provision related to the building envelope of nonconforming buildings, which established a more restrictive view on changes to nonconforming buildings. This code section would also require modification with a future roof deck ordinance. Aerial View: Existing Building Source: Google Image Photo Simulation: Possible Roof Deck Discussion Rooftop decks in a climate such as Palo Alto can offer a nice amenity to building occupants and take advantage of outdoor space that may be underutilized. Roof decks provide an opportunity for outdoor breakout space, employee break areas, outdoor lunch space, and employee events. Roof decks may result in building upgrades that make older buildings more attractive and increase value. Depending how the space is used, adjacent building tenants and owners and the general neighborhood could be impacted by excessive noise, light and glare, privacy and potentially parking. Regulations, or performance standards, could be established to limit some of these impacts, such as precluding use of the space for anyone other than building occupants. Time restrictions could also be established and lighting and privacy could be ameliorated with shields and landscaping. Additionally, having some form of a review process, such as review by the Architectural Review Board would provide the public an opportunity to comment on a proposed design. City of Palo Alto Page 3 While the subject application is driving this discussion, staff recommends that any policy on roof decks be considered on a district-wide basis, if there is even interest in pursuing the topic. Commercial corridors such as El Camino Real, which has stretches of commercial zoning abutting residential districts, may be more problematic than in Downtown or the Research Park. Roof decks on nonconforming buildings near residential land uses, especially single family zoned properties are inappropriate. It should be noted, however, that a conforming roof deck on a commercial property does not currently have performance standards to minimize potential impacts; only through the architectural review process are these potential conflicts addressed. If a policy on roof decks is ultimately developed, there should also be some consideration given to presently conforming buildings and the opportunities potentially granted to nonconforming buildings. There may be examples of conforming buildings today whose owners or tenants may want to create a rooftop deck but may now be limited by height or floor area. Next Steps Allowing roof decks on nonconforming buildings downtown or in other portions of the city would be a shift in policy requiring a text amendment. The city’s municipal code provides that such amendments require prescreening review before the City Council. Comments made by councilmembers are non-binding and the applicant may choose to file an application or not. Importantly, no action or decision is made during a prescreening study session discussion. The purpose of this prescreening is to gauge the Council’s interest in considering an ordinance that would permit roof decks and roof deck amenities (such as canopies, trellises, seating area, landscaping and similar features) on the roof of nonconforming and/or conforming buildings. If there is interest and an application for a zoning amendment is filed, staff can work with the Planning and Transportation Commission (PTC) to develop an appropriate application type, review process and performance standards to allow exceptions to the height limit, floor area and potentially other development standards for the purposes of establishing a roof deck. Council guidance on any of the topics highlighted above and other interest areas would help frame that discussion with the PTC. If there is a lack of interest in exploring such policies, that guidance can be provided to the applicant and the city will continue to regulate roof decks under existing codes, which would only permit such features if it met all applicable development standards. While the prescreening applicant could still apply for a zoning amendment, the City Council would have the final say over such a legislative request. Environmental Review This preliminary review is not a project in accordance with the California Environmental Quality Act and therefore, no review is required at this time. Attachments: Attachment A: Location Map City of Palo Alto Page 4 Attachment B: Applicant Narrative Attachment C: Project Plans Attachment C Project Plans Hardcopies of project plans are provided to Council. These plans are available to the public by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for “285 Hamilton Av” and open record by clicking on the green dot 3. Review the record details and open the “more details” option 4. Use the “Records Info” drop down menu and select “Attachments” 5. Open the attachment named “285 Hamilton Ave – Initial Plans – 8 23 17.pdf” CITY OF PALO ALTO OFFICE OF THE CITY CLERK November 27, 2017 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the November 6 and 7, 2017 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: Attachment A: 11-06-17 DRAFT Action Minutes (DOCX) Attachment B: 11-07-17 DRAFT Action Minutes (DOCX) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 6 Regular Meeting November 6, 2017 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:04 P.M. Present: DuBois, Filseth, Fine, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach Absent: Closed Session 1. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION Subject: Cal River Watch v. City of Palo Alto United States District Court, Northern District of California Case No. C17-01126 MMC Authority: Government Code Section 54956.9(d)(1). MOTION: Vice Mayor Kniss moved, seconded by Council Member Wolbach to go into Closed Session. MOTION PASSED: 9-0 Council went into Closed Session at 6:04 P.M. Council returned from Closed Session at 7:11 P.M. Mayor Scharff announced no reportable action. Agenda Changes, Additions and Deletions None. Minutes Approval 2. Approval of Action Minutes for the October 23, 2017 Council Meeting. MOTION: Council Member DuBois moved, seconded by Mayor Scharff to approve the Action Minutes for the October 23, 2017 Council Meeting. MOTION PASSED: 9-0 DRAFT ACTION MINUTES Page 2 of 6 City Council Meeting Draft Action Minutes: 11/06/17 Consent Calendar MOTION: Mayor Scharff moved, seconded by Council Member Kou to approve Agenda Item Numbers 3-7. 3. Approval and Authorization for the City Manager to Execute Contract Amendment Number 1 With RMC Water and Environment to Extend the Term of the Agreement Three Additional Years to end November 9, 2020 for Professional Services Related to the Implementation of the Regional Water Quality Control Plant Long Range Facilities Plan CIP WQ-10001. 4. Approval of Contract Amendment Number 2 With Townsend Public Affairs for State Legislative Representation to Extend the Contract for Two-years Through December 31, 2019 and add $204,000 for a Total Not-to-Exceed Amount of $595,000. 5. Approval of a Contract With Van Scoyoc Associates Inc. for Federal Legislative Advocacy Services for a Term of Four-years, From January 1, 2018 to December 31, 2022, for a Total Not-to-Exceed Amount of $331,200. 6. Approval of the Fiscal Year 2017 Re-appropriation Requests to be Carried Forward Into Fiscal Year 2018 and Approve Budget Amendments in Various Funds. 7. Policy and Services Committee Recommendation to Accept the Auditor's Office Quarterly Report as of June 30, 2017. MOTION PASSED: 9-0 Action Items 8. Adoption of a Resolution Authorizing the Filing of an Application to the Metropolitan Transportation Commission for a Priority Development Area Grant for the North Ventura Coordinated Area Plan (CAP), Expressing Local Support and Committing any Necessary Matching Funds, and Stating Assurance to Complete the Project; and Approval and Authorization to the City Manager to Execute a Funding Agreement With the Sobrato Organization for Sobrato to Provide the Local Matching Funds and Additional Supporting Funds for Environmental Review in the Amount of $250,000; and Initiation of the North Ventura Coordinated Area Plan Process. Environmental Assessment: Exempt Under California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(3) and 15262. DRAFT ACTION MINUTES Page 3 of 6 City Council Meeting Draft Action Minutes: 11/06/17 MOTION: Council Member Wolbach moved, seconded by Council Member Fine to: A. Adopt a Resolution approving the filing of the application for a Priority Development Area grant for federal funding assigned to the Metropolitan Transportation Commission (MTC), expressing local support for preparation of a North Ventura Coordinated Area Plan, committing the necessary matching funds, and affirming the City’s commitment to pursue to completion the planning effort; and B. Approve and authorize the City Manager to execute an agreement with the Sobrato Organization for $112,000 in matching funds required by the grant and an additional $138,000 to pay for environmental analysis; and C. Direct Staff to return to Council as soon as possible with a Grant Agreement and/or Resolution meeting requirements of the funding agency and making necessary budget adjustments; and D. Initiate the local planning process for a North Ventura Coordinated Area Plan in accordance with Palo Alto Municipal Code Section 19.10.020; and E. Direct Staff to return to Council for identification of goals, objectives, formal plan boundaries, and a schedule for preparation of the North Ventura Coordinated Area Plan; and F. Find these actions exempt from review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3) and Section 15262 (Feasibility and Planning Studies). MOTION PASSED: 9-0 9. PUBLIC HEARING/QUASI-JUDICIAL. 425 Portage Avenue: Council Review of an Approval of the Planning and Community Environment Director’s Determination to Authorize a Waiver From the Retail Preservation Ordinance. The City Council Will Approve, Deny or Modify the Director’s Determination. Environmental Assessment: Exempt in Accordance With the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3). Public Hearing opened at 8:50 P.M. Public Hearing closed at 9:04 P.M. DRAFT ACTION MINUTES Page 4 of 6 City Council Meeting Draft Action Minutes: 11/06/17 MOTION: Vice Mayor Kniss moved, seconded by Council Member Fine to accept the Director’s decision approving the subject waiver request. SUBSTITUTE MOTION: Council Member DuBois moved, seconded by Council Member Holman to modify the Director’s determination to allow retail, retail- like, or warehouse uses. AMENDMENT: Mayor Scharff moved, seconded by Council Member Fine that, if the site is redeveloped, the Retail Preservation Ordinance would not apply. AMENDMENT FAILED: 4-5 Fine, Kniss, Scharff, Tanaka yes SUBSTITUTE MOTION PASSED: 6-3 Fine, Kniss, Scharff no 10. Adoption of Annual Amendments to the Employment Agreements Between the City of Palo Alto and Council Appointed Officers (City Manager, City Attorney, City Auditor and City Clerk). MOTION: Mayor Scharff moved, seconded by Vice Mayor Kniss to approve and authorize the Mayor to execute the following contract amendments for Council Appointed Officers: A. Amendment Number Seven to Employment Agreement between the City of Palo Alto and James R. Keene; and B. Amendment Number Five to Employment Agreement between the City of Palo Alto and Molly S. Stump; and C. Amendment Number Three to Employment Agreement between the City of Palo Alto and Harriet M. Richardson and; and D. Amendment Number Three to Employment Agreement between the City of Palo Alto and Beth D. Minor. MOTION PASSED: 8-1 Tanaka no 11. Approval of a Contract With Nichols Consulting Engineers, Chtd. (NCE) in the Amount of $191,300 for the Sidewalk Assessment Study to Determine Next Steps Following the Completion of the Sidewalk District Cycle for Capital Improvements Program Project PO-89003 (Continued from October 23, 2017). MOTION: Mayor Scharff moved, seconded by Council Member DuBois to approve and authorize the City Manager or his designee to execute Contract No. C18168777 with Nichols Consulting Engineers, Chtd. (NCE) in an amount not-to-exceed $191,300 for the Sidewalk Assessment Study including $173,800 for basic services and $17,500 for additional services for the DRAFT ACTION MINUTES Page 5 of 6 City Council Meeting Draft Action Minutes: 11/06/17 Sidewalk Assessment Study, Capital Improvement Program project PO- 89003. MOTION PASSED: 9-0 12. Colleagues' Memo Regarding Zoning Updates to Encourage Diverse Housing Near Jobs, Transit, and Services. MOTION: Council Member Fine moved, seconded by Council Member Wolbach to recommend our colleagues refer this memo to Staff to return to Council with a Work Plan outlining the process, priorities, and Staff resources to study and implement the proposals listed in the Discussion Section (and other relevant recommendations to support the Objectives). AMENDMENT: Council Member DuBois moved, seconded by Council Member Holman to include in the Work Plan exploration of a short term rental Ordinance and means to minimize empty houses. AMENDMENT FAILED: 4-5 DuBois, Filseth, Holman, Kou yes AMENDMENT: Council Member Holman moved, seconded by Council Member Kou to include in the Work Plan evaluation of developing a predictable affordable market rate standard such as 120-160 percent of Santa Clara County Area Median Income (AMI). AMENDMENT FAILED: 4-5 DuBois, Filseth, Holman, Kou yes AMENDMENT: Council Member Filseth moved, seconded by Mayor Scharff to include in the Work Plan exploration of strategies to assist community based workers such as PAUSD and City Staff to reside in Palo Alto. AMENDMENT PASSED: 7-2 Fine, Tanaka no AMENDMENT: Council Member Kou moved, seconded by Council Member XX to direct Staff to report to Council on how the City would have effective Transportation Demand Management (TDM) measures in place. AMENDMENT FAILED DUE TO THE LACK OF A SECOND. MOTION AS AMENDED RESTATED: Council Member Fine moved, seconded by Council Member Wolbach to: A. Refer this memo to Staff to return to Council with a Work Plan outlining the process, priorities, and staff resources to study and implement the DRAFT ACTION MINUTES Page 6 of 6 City Council Meeting Draft Action Minutes: 11/06/17 proposals listed in the Discussion Section (and other relevant recommendations to support the Objectives); and B. Include in the Work Plan exploration of strategies to assist community based workers such as PAUSD and City Staff to reside in Palo Alto. MOTION AS AMENDED PASSED: 9-0 Inter-Governmental Legislative Affairs None. Adjournment: The meeting was adjourned at 11:55 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 4 Special Meeting November 7, 2017 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:03 P.M. Present: Filseth, Fine, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach Absent: DuBois Closed Session 1. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION Significant Exposure to Litigation Under Section 54956.9(d) (2) (One Potential Case, as Defendant) – Palo Alto-Stanford Fire Protection Agreement. MOTION: Vice Mayor Kniss moved, seconded by Council Member Wolbach to go into Closed Session. MOTION PASSED: 8-0 DuBois absent Council went into Closed Session at 6:04 P.M. Council returned from Closed Session at 7:30 P.M. Mayor Scharff announced no reportable action. Agenda Changes, Additions and Deletions None. Action Items 2. PUBLIC HEARING/QUASI-JUDICIAL. 999 Alma: Council Determination on a Waiver Request From the Retail Preservation Ordinance. Environmental Assessment: Exempt in Accordance With the California Environmental Quality Act (CEQA) Section 15061(b) (3) Guidelines (Continued From October 30, 2017). Public Hearing opened at 7:33 P.M. DRAFT ACTION MINUTES Page 2 of 4 City Council Meeting Draft Action Minutes: 11/7/17 Public Hearing closed at 7:44 P.M. MOTION: Mayor Scharff moved, seconded by Council Member Fine to grant the proposed retail waiver request pursuant to the standards set forth in Palo Alto Municipal Code Section 18.40.180 (Retail Preservation), (c) (Waivers and Adjustments) to allow 5,000 square feet of medical office. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “and require non-retail uses at the rear of the building.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion, “and require non- retail uses.” AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “and residential” after “medical office.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND MOTION AS AMENDED RESTATED: Mayor Scharff moved, seconded by Council Member Fine to grant the proposed retail waiver request pursuant to the standards set forth in Palo Alto Municipal Code Section 18.40.180 (Retail Preservation), (c) (Waivers and Adjustments) to allow 5,000 square feet of medical office at the rear of the building. MOTION AS AMENDED PASSED: 6-2 Filseth, Holman no, DuBois absent 3. Adoption of an Ordinance to Increase the Posted Speed Limit on Deer Creek Road and a Segment of East Bayshore Road to Enable Radar Enforcement and to Reduce the Posted Speed Limit in School Zones Consistent With State Law; and Resolution 9718 Entitled, “Resolution of the Council of the City of Palo Alto Establishing Target Speeds for Certain Arterials and Residential Arterials.” Environmental Assessment: Exempt Under California Environmental Quality Act (CEQA) Guidelines Section 15301 (Continued From October 16, 2017). MOTION: Vice Mayor Kniss moved, seconded by Mayor Scharff to: A. Adopt an Ordinance increasing the Posted Speed Limit from 35 miles per hour to 40 miles per hour on Deer Creek Road between western city limits and Arastradero Road and on East Bayshore Road between the Embarcadero Road Bicycle and Pedestrian Overcrossing and Adobe Creek to enable enforcement by radar pursuant to the California Vehicle Code; reducing the Posted Speed Limit within school zones, DRAFT ACTION MINUTES Page 3 of 4 City Council Meeting Draft Action Minutes: 11/7/17 consistent with State law; and amending Palo Alto Municipal Code Chapter 10.56, including changes presented in the Staff Memorandum and detailed by Staff; and B. Adopt a Resolution establishing Target Speeds for certain Arterials and Residential Arterials where the Operating Speed has been found to exceed the Posted Speed Limit in order to reduce the Operating Speed through roadway design; and C. Find the requested actions exempt from review under the California Environmental Quality Act (CEQA) as a minor alteration to existing facilities (Guidelines Section 15301, Class One, Existing Facilities). INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return with an Ordinance addressing Posted Speed Limits near private schools.” (New Part D) MOTION AS AMENDED RESTATED: Vice Mayor Kniss moved, seconded by Mayor Scharff to: A. Adopt an Ordinance increasing the Posted Speed Limit from 35 miles per hour to 40 miles per hour on Deer Creek Road between western city limits and Arastradero Road and on East Bayshore Road between the Embarcadero Road Bicycle and Pedestrian Overcrossing and Adobe Creek to enable enforcement by radar pursuant to the California Vehicle Code; reducing the Posted Speed Limit within school zones, consistent with State law; and amending Palo Alto Municipal Code Chapter 10.56 including changes presented in the Staff Memorandum and detailed by Staff; and B. Adopt a Resolution establishing Target Speeds for certain Arterials and Residential Arterials where the Operating Speed has been found to exceed the Posted Speed Limit in order to reduce the Operating Speed through roadway design; and C. Find the requested actions exempt from review under the California Environmental Quality Act (CEQA) as a minor alteration to existing facilities (Guidelines Section 15301, Class One, Existing Facilities); and D. Direct Staff to return with an Ordinance addressing Posted Speed Limits near private schools. MOTION AS AMENDED PASSED: 8-0 DuBois absent DRAFT ACTION MINUTES Page 4 of 4 City Council Meeting Draft Action Minutes: 11/7/17 Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements None. Adjournment: The meeting was adjourned at 9:13 P.M. City of Palo Alto (ID # 8525) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/27/2017 City of Palo Alto Page 1 Summary Title: Change Order Number 1 to Contract S17165567 with Monterey Mechanical Co. Title: Approval of Change Order Number 1 to Contract No. S17165567 With Monterey Mechanical Co. Adding $300,000 in Compensation for a Total Not- to-Exceed Amount of $550,000 for the On-call Emergency Construction Services Project Funded in Wastewater Treatment Enterprise Fund Capital Improvement Program, Project WQ-04011 at the Regional Water Quality Control Plant From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute Change Order No. 1 to Contract S17165567 with Monterey Mechanical Co. (Attachment A) adding $300,000 for a total contract amount not- to-exceed $550,000 for on-call emergency construction services at the Regional Water Quality Control Plant and funded by Capital Improvement Program project WQ-04011. Background The Regional Water Quality Control Plant (RWQCP) operates 24 hours a day, 7 days a week, treating an average of 19 million gallons of wastewater each day. To ensure RWQCP is always in a state of operational readiness, treating wastewater, delivering recycled water and providing related environmental services to protect public health, safety and welfare and meeting federal, state, and local regulations, on-call emergency construction services are sometimes necessary. On October 14, 2016, the City executed a three-year contract with Monterey Mechanical Co. (Monterey) to provide on-call emergency construction services City of Palo Alto Page 2 under the City Manager’s contract award authority of up to $250,000/year for public works contracts pursuant to Palo Alto Municipal Code (PAMC) Section 2.30.210(a). The contract (Attachment B) was issued in the amount of $250,000 for a term of three years ending October 13, 2019. Monterey’s contract allows for the issuance of task orders for work that is above and beyond the capabilities of the City’s in-house staff at the time the work is necessary. In the first year, the City issued task orders for work that included: Installation of jumper electrical cables and repairs of a damaged standby electrical transfer switch, which is needed in a power outage; Replacement of a damaged 12.47 kilovolt capacitor bank unit; Repairs to a damaged 12.47 kilovolt power distribution circuit breaker compartment serving as the RWQCP’s primary electrical feed; Epoxy grout injection to stop a leak at a 30-inch diameter raw sewage discharge pipe; and Repairs to numerous seal leaks on the Plant’s 54-inch diameter outfall pipe. Discussion The numerous task orders issued for critical work will eventually deplete available funds. To ensure sufficient funds are available for future emergencies, staff recommend an additional $300,000 be approved by Council for a total contract amount not-to-exceed $550,000. Staff does not recommend extending the term of the contract at this time. This change order is being submitted to the Council because, with the proposed increase in compensation, the total contract amount would now be up to $550,000, which requires Council approval. Bid Process On August 9, 2016, the City advertised a notice inviting formal bids for the On-Call Emergency Construction Services project. The bidding period was 21 days. On August 30, 2016, bids were received from one qualified contractor. Summary of Bid Process City of Palo Alto Page 3 Bid Name/Number On-Call Emergency Construction Services (IFB-165567) Proposed Length of Project 3-years after Contract Execution Number of notices sent to Contractors via City’s eProcurement system 577 Number of notices sent to Builder’s Exchanges via City’s eProcurement system 5 Number of Bid Packages downloaded by Contractors 5 Number of Bid Packages downloaded by Builder’s Exchanges 5 Total Days to Respond to Bid 21 Pre-Bid Meeting Yes Number of Company Attendees at Pre-Bid Meeting 2 Number of Bids Received: 1 Bid Price Range $250,000 The bid submitted by Monterey was reviewed and accepted and Monterey declared the lowest responsible bidder. Staff confirmed with the Contractor's State License Board the contractor has an active license on file. Staff also checked references supplied by the contractor for previous work performed, including projects at RWQCP and elsewhere in the City, and found no significant complaints. Resource Impact The additional $300,000 to fund Change Order Number 1 is in the Fiscal Year 2018 Wastewater Treatment Enterprise Fund Capital Improvement Program project WQ-04011 Facility Condition Assessment and Retrofit. Policy Implications This recommendation does not represent any change to existing City policies. Environmental Review The recommended action is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (b), which includes maintenance of publicly-owned wastewater facilities involving no or City of Palo Alto Page 4 negligible expansion. Attachments: Attachment A - S17165567 Change Order No 1 Attachment B - Contract S17165567 Monterey Mechanical Contract Change Order City of Palo Alto Department: Public Works WQCP Contract Number: S17165567 CONTRACT CHANGE ORDER PAGE 1 OF 3 Contract Change Order #01 Project Title: On-Call Emergency Construction Services Project No.: WQ - 04011 Contract Number: S17165567 Date: 11/02/17 Contractor: Monterey Mechanical Company Change Order: 01 Description of Change Order Background Information: The 3-year contract runs from October 14, 2016 to October 13, 2019 for $250,000 to cover the cost of immediate mobilization and construction costs by the on-call contractor for handling emergency and urgent construction services at the Palo Alto Regional Water Quality Control Plant. Change Order Justification: Task Order Nos. 1-8 utilizing expenses estimated at $355,000 have been set aside for emergency and urgent construction services, leaving an estimated shortfall of $105,000 remaining in the $250,000 contract for funding future emergency construction services over the remaining two years of the contract. Another $300,000 is requested to replenish the contract with funds to cover the shortfall and for future unforeseen urgent and emergency work over the next two years. Description of Work to be Performed: Unexpected breakdowns or failures of equipment, piping, electrical, concrete, etc., requiring use of the funds in this contract for urgent, critical repair work. Incorporates Field Order Number(s): N / A Cost Time This change order will: No cost change: N/A Increase cost by $ 300,000 Decrease cost by $ N/A This change order will: No change time Increase time by days Decrease time by days The date of completion as of this change order is: October 13, 2019 G/L account number (s):31651 Basis for change in cost: Unit price(s) Lump sum Cost plus Other: CONTRACT CHANGE ORDER PAGE 2 OF 3 Contract Change Order – continued CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire work on account of each Line Item, and agrees to furnish all labor and materials and perform all work necessary to complete any additional work specified therein, for the consideration stated therein. It is understood that the time and cost adjustments set forth in this Change Order include full compensation for any impacts or delays associated with the Line Items addressed in this Change Order. CLAIM PROCEDURE: Any items in Contractor’s Change Order Request that are not included in this Change Order are hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim pursuant to Section 4.2 of the Contract General Conditions within thirty (30) days of the date of this Change Order. Accepted for Contractor: Accepted for City of Palo Alto: By: By: Title: Monterey Mechanical Co. Project Manager Title: Public Works Department - Project Manager Date: Date: PC O N o . AS I EW A CO R CO Description Amount Reason for Change -01 Unexpected emergency repairs $300,000 Replenishment of contract funds for unforeseen work. Total for this change order $300,000 Scope of Work Contract Change Order City of Palo Alto Department: Public Works WQCP Contract Number: S17165567 CONTRACT CHANGE ORDER PAGE 3 OF 3 Document Preparation By: Tom Kapushinski Title: Project Engineer Date: November 2, 2107 City Approval – Division Head Signature required on all change orders By: Title: James S Allen Plant Manager, Water Quality Control Plant Date: City Approval – Department Head: Signature required when any individual Change Order exceeds $10,000. By: Title: Mike Sartor Director of Public Works Date: Contract Change Order – continued Summary of Amounts Payable Under Contract (For Internal Purposes Only) Original Contract Amount: $ 250,000.00 Previous Change Orders $ 0.00 This Change Order $ 300,000.00 Revised Contract Amount: $ 550,000.00 Compare to: Original Contract Authorization: $ 250,000.00 Contingency: 0.00 Contract Amendment Authorizations $ 0.00 Contingency added: 0.00 Contingency Authorizations: $ 0.00 Used to date 0.00 Total Authorized Funding: $ 250,000.00 Balance remaining 0.00 Change orders shall not be initiated for Council-approved contracts if the revised contract total exceeds the total authorized funding amount. Invitation for Bid (IFB) Package 1 Rev. April 27, 2016 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT Contract No. S17165567 City of Palo Alto On-Call Emergency Construction Services DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 2 Rev. April 27, 2016 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT TABLE OF CONTENTS SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….…………..7 1.1 Recitals…………………………………………………………………………………………………………………….7 1.2 Definitions……………………………………………………………………………………………………………….7 SECTION 2 THE PROJECT………………………………………………………………………………………………………...7 SECTION 3 THE CONTRACT DOCUMENTS………………………………………………………………………………..7 3.1 List of Documents…………………………………………………………………………………………….........7 3.2 Order of Precedence……………………………………………………………………………………………......7 SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..8 4.1 Contractor's Duties…………………………………………………………………………………………………..8 4.2 On-Call Provision ……………………………………………………………………………………………………..8 SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..9 5.1 Contractor's Co-operation………………………………………………………………………………………..8 SECTION 6 TIME OF COMPLETION…………………………………………………………………………………….......8 6.1 Time Is of Essence…………………………………………………………………………………………………….9 6.2 Commencement of Work…………………………………………………………………………………………9 6.3 Contract Time…………………………………………………………………………………………………………..9 6.4 Liquidated Damages…………………………………………………………………………………………………9 6.4.1 Other Remedies……………………………………………………………………………………………………..9 6.5 Adjustments to Contract Time………………………………………………………………………………….9 SECTION 7 COMPENSATION TO CONTRACTOR…………………………………………………………………….10 7.1 Contract Sum…………………………………………………………………………………………………………10 7.2 Full Compensation…………………………………………………………………………………………………10 SECTION 8 STANDARD OF CARE…………………………………………………………………………………………..10 8.1 Standard of Care…………………………………………………………………………………..………………9 SECTION 9 INDEMNIFICATION………………………………………………………………………………………..…10 9.1 Hold Harmless…………………………………………………………………………………………………….10 9.2 Survival………………………………………………………………………………………………………………11 SECTION 10 NON-DISCRIMINATION……..……………………………………………………………………………11 10.1 Municipal Code Requirement…………….………………………………..…………………………….10 DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 3 Rev. April 27, 2016 CONSTRUCTION CONTRACT SECTION 11 INSURANCE AND BONDS.………………………………………………………………………………11 11.1 Evidence of Coverage………………………………………………………………………………………..10 SECTION 12 PROHIBITION AGAINST TRANSFERS………………………………………………………….…11 12.1 Assignment……………………………………………………………………………………………………….11 12.2 Assignment by Law.……………………………………………………………………………………………11 SECTION 13 NOTICES ………………………………………………………………………………………………………….11 13.1 Method of Notice ………………………………………………………………………………………………11 13.2 Notice Recipents …………………………………………………………………………………………….11 13.3 Change of Address…………………………………………………………………………………………….13 SECTION 14 DEFAULT………………………………………………………………………………………………………...13 14.1 Notice of Default……………………………………………………………………………………………….13 14.2 Opportunity to Cure Default………………………………………………………………………………13 SECTION 15 CITY'S RIGHTS AND REMEDIES………………………………………………………………………..13 15.1 Remedies Upon Default…………………………………………………………………………………….13 15.1.1 Delete Certain Services………………………………………………………………………………….13 15.1.2 Perform and Withhold…………………………………………………………………………………..13 15.1.3 Suspend The Construction Contract………………………………………………………………14 15.1.4 Terminate the Construction Contract for Default……………………………………………13 15.1.5 Invoke the Performance Bond……………………………………………………………………….14 15.1.6 Additional Provisions…………………………………………………………………………………….14 15.2 Delays by Sureties…………………………………………………………………………………………….14 15.3 Damages to City………………………………………………………………………………………………..14 15.3.1 For Contractor's Default………………………………………………………………………………..14 15.3.2 Compensation for Losses………………………………………………………………………………14 15.4 Suspension by City…………………………………………………………………………………………….14 15.4.1 Suspension for Convenience…………………………………………………………………………..15 15.4.2 Suspension for Cause……………………………………………………………………………………..14 15.5 Termination Without Cause………………………………………………………………………………15 15.5.1 Compensation……………………………………………………………………………………………….15 15.5.2 Subcontractors……………………………………………………………………………………………..16 15.6 Contractor’s Duties Upon Termination……………………………………………………………...16 SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES…………………………………………………………16 DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 4 Rev. April 27, 2016 CONSTRUCTION CONTRACT 16.1 Contractor’s Remedies……………………………………..………………………………..………………….16 16.1.1 For Work Stoppage……………………………………………………………………………………………16 16.1.2 For City's Non-Payment…………………………………………………………………………………….17 16.2 Damages to Contractor………………………………………………………………………………………..17 SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….…17 17.1 Financial Management and City Access………………………………………………………………..17 17.2 Compliance with City Requests…………………………………………………………………………….17 SECTION 18 INDEPENDENT PARTIES……………………………………………………………………………………..17 18.1 Status of Parties……………………………………………………………………………………………………17 SECTION 19 NUISANCE……………………………………………………………………………………………………….…17 19.1 Nuisance Prohibited……………………………………………………………………………………………..17 SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………….17 20.1 Payment of Fees…………………………………………………………………………………………………..17 SECTION 21 WAIVER…………………………………………………………………………………………………………….18 21.1 Waiver………………………………………………………………………………………………………………….17 SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS……………………………….18 22.1 Governing Law…………………………………………………………………………………………………….18 22.2 Compliance with Laws…………………………………………………………………………………………18 22.2.1 Palo Alto Minimum Wage Ordinance…………….………………………………………………….18 SECTION 23 COMPLETE AGREEMENT……………………………………………………………………………………18 23.1 Integration………………………………………………………………………………………………………….18 SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………..18 24.1 Survival of Provisions……………………………………………………………………………………………18 SECTION 25 PREVAILING WAGES………………………………………………………………………………………….18 SECTION 26 NON-APPROPRIATION……………………………………………………………………………………….19 26.1 Appropriation………………………………………………………………………………………………………19 SECTION 27 AUTHORITY……………………………………………………………………………………………………….19 27.1 Representation of Parties…………………………………………………………………………………….19 SECTION 28 COUNTERPARTS………………………………………………………………………………………………..19 28.1 Multiple Counterparts………………………………………………………………………………………….19 SECTION 29 SEVERABILITY……………………………………………………………………………………………………19 29.1 Severability………………………………………………………………………………………………………….19 DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 5 Rev. April 27, 2016 CONSTRUCTION CONTRACT SECTION 30 STATUTORY AND REGULATORY REFERENCES …………………………………………………..19 30.1 Amendments of Laws…………………………………………………………………………………………..19 SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….….19 31.1 Workers Compensation…………………………………………………………………………………….19 SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS………………………………..…20 32.1 General Notice to Contractor…………………………………………………………………………….20 32.2 Labor Code section 1771.1(a)…………………………………………………………………………….20 32.3 DIR Registration Required…………………………………………………………………………………20 32.4 Posting of Job Site Notices…………………………………………………………………………………20 32.5 Payroll Records…………………………………………………………………………………………………20 DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 6 Rev. April 27, 2016 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT entered into on October 14, 2016 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and MONTEREY MICHANICAL CO. ("Contractor"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Contractor is a Corporation duly organized and in good standing in the State of California, Contractor’s License Number 388361 and Department of Industrial Relations Registration Number 1000001627. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract. C. On August 9, 2016, City issued an Invitation for Bids (IFB) to contractors for the On-Call Emergency Construction Services (“Project”). In response to the IFB, Contractor submitted a Bid. D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Contract Documents for the Project upon the following terms and conditions. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 7 Rev. April 27, 2016 CONSTRUCTION CONTRACT NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail. SECTION 2 THE PROJECT. The Project is the “On-Call Emergency Construction Services” ("Project"), for the Regional Water Quality Control Plant (RWQCP) located at 2501 Embarcadero Way, Palo Alto, CA. 94301. The Project calls for the Contractor to respond to the City’s request for emergency construction services, as needed from time to time, at the City’s RWQCP over a three-year period of time (the Work). SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated by reference. 1) Change Orders 2) Field Orders 3) Contract 4) Bidding Addenda 5) Special Provisions 6) General Conditions 7) Project Plans and Drawings 8) Technical Specifications 9) Instructions to Bidders 10) Invitation for Bids 11) Contractor's Bid/Non-Collusion Declaration 12) Reports listed in the Contract Documents DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 8 Rev. April 27, 2016 CONSTRUCTION CONTRACT 13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid) 14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Bid) 15) City of Palo Alto Traffic Control Requirements 16) City of Palo Alto Truck Route Map and Regulations 17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre- Qualification Checklist (if applicable) 18) Performance and Payment Bonds 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. SECTION 4 CONTRACTOR’S DUTY. 4.1 Contractor’s Duties Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4.2 ON- CALL PROVISION Services performed under the contract will be performed over a three-year period, on an on-call basis, as requested by the City from time to time, as needed, with a Task Order assigned and approved by the City’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a specific schedule of performance, and a specific compensation amount (“the Task Order Compensation Amount”). The overall total price of all Task Orders issued under this Agreement shall not exceed the overall amount of Compensation set forth in Section 7 of this Agreement; the total price of Task Orders issued in each contract year shall not exceed the contract year amount set forth in Section 7. CONTRACTOR shall only be compensated for work performed under an authorized Task Order and the City may elect, but is not required, to authorize work up to the maximum compensation amounts set forth in Section 7. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 9 Rev. April 27, 2016 CONSTRUCTION CONTRACT SECTION 5 PROJECT TEAM. 5.1 Contractor’s Co-operation. In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. Contractor shall commence the Work on the date specified in City’s Notice to Proceed. 6.3 Contract Time. The overall contract period is three years. Work hereunder shall begin on the date specified on the City’s Notice to Proceed, and the specific work authorized by each Task Order shall be completed no later than the time/schedule requirements specified therein, and in conformance with Section 2.4 “Delivery of Services”, of the Project Technical Specifications. By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion. 6.4 Liquidated Damages. Pursuant to Government Code Section 53069.85, if Contractor fails to achieve Substantial Completion of any Specific Work authorized by a Task Order within the authorized Task Order Schedule of Performance time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Substantial Completion, based on the amount of Five Hundred dollars ($500) per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Task Order Work. The City is entitled to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Substantial Completion, shall not operate as a waiver of City’s right to assess liquidated damages. 6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 10 Rev. April 27, 2016 CONSTRUCTION CONTRACT The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents. SECTION 7 COMPENSATION TO CONTRACTOR. 7.1 Contract Sum. Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum shall not exceed Two hundred Fifty thousand Dollars ($250,000) for the three year contract term. Contractor will be compensated for each Task Order Compensation amount upon the successful completion of each Task Order 7.2 Full Compensation. The Task Order Compensation amount, as approved for each Task Order shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The Task Order Compensation amount may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents. SECTION 8 STANDARD OF CARE. 8.1 Standard of Care Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 11 Rev. April 27, 2016 CONSTRUCTION CONTRACT Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third-party claim relating to the Contract. 9.2 Survival. The provisions of Section 9 shall survive the termination of this Construction Contract. SECTION 10 NON-DISCRIMINATION. 10.1 Municipal Code Requirement. As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. 11.1 Evidence of coverage. Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. SECTION 12 PROHIBITION AGAINST TRANSFERS. 12.1 Assignment. City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City. 12.2 Assignment by Law. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 13 NOTICES. 13.1 Method of Notice. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 12 Rev. April 27, 2016 CONSTRUCTION CONTRACT All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail. 13.2 Notice to Recipients. All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at: To City: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to: City of Palo Alto Public Works Administration 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Padmakar Chaobal AND [Include Construction Manager, If Applicable.] City of Palo Alto Utilities Engineering 250 Hamilton Avenue Palo Alto, CA 94301 Attn: In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following: Palo Alto City Attorney’s Office 250 Hamilton Avenue DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 13 Rev. April 27, 2016 CONSTRUCTION CONTRACT P.O. Box 10250 Palo Alto, California 94303 All Claims shall be delivered personally or sent by certified mail. All notices, demands, requests or approvals from City to Contractor shall be addressed to: MONTEREY MECHANICAL ATTN: JAMES TROUP 8275 SAN LEANDRO STREET OAKLAND, CA 94621 13.3 Change of Address. In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. SECTION 14 DEFAULT. 14.1 Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract, with a copy to Contractor’s performance bond surety. 14.2 Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. SECTION 15 CITY'S RIGHTS AND REMEDIES. 15.1 Remedies Upon Default. If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following: 15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto. 15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 14 Rev. April 27, 2016 CONSTRUCTION CONTRACT 15.1.3 Suspend The Construction Contract. City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work. 15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein. 15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. 15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City. 15.2 Delays by Sureties. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety shall be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. 15.3 Damages to City. 15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents. 15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the difference and shall promptly remit same to City. 15.4 Suspension by City DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 15 Rev. April 27, 2016 CONSTRUCTION CONTRACT 15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work. 15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction. Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 15.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses arising from or related to the Work performed by Contractor. 15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work : .1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. .2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors: (i) Demobilizing and (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 16 Rev. April 27, 2016 CONSTRUCTION CONTRACT .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. .4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Contractor can prove a likelihood that it would have made a profit if the Construction Contract had not been terminated. 15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section. 15.6 Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES. 16.1 Contractor’s Remedies. Contractor may terminate this Construction Contract only upon the occurrence of one of the following: 16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 17 Rev. April 27, 2016 CONSTRUCTION CONTRACT 16.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract. 16.2 Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 17 ACCOUNTING RECORDS. 17.1 Financial Management and City Access. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. 17.2 Compliance with City Requests. Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 18 INDEPENDENT PARTIES. 18.1 Status of parties. Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’ of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 19 NUISANCE. 19.1 Nuisance Prohibited. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract. SECTION 20 PERMITS AND LICENSES. 20.1 Payment of Fees. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 18 Rev. April 27, 2016 CONSTRUCTION CONTRACT Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 21 WAIVER. 21.1 Waiver. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS. 22.1 Governing Law. This Construction Contract shall be construed in accordance with and governed by the laws of the State of California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no other place. 22.2 Compliance with Laws. Contractor shall comply with all applicable federal and California laws and city laws, including, without limitation, ordinances and resolutions, in the performance of work under this Construction Contract. 22.2.1 Palo Alto Minimum Wage Ordinance. Contractor shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, Contractor shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, Contractor shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 23 COMPLETE AGREEMENT. 23.1 Integration. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 24 SURVIVAL OF CONTRACT. 24.1 Survival of Provisions. The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 19 Rev. April 27, 2016 CONSTRUCTION CONTRACT obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract. SECTION 25 PREVAILING WAGES. This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the public works contract does not include a project of $25,000 or less, when the project is for construction work, or the contract does not include a project of $15,000 or less, when the project is for alteration, demolition, repair, or maintenance (collectively, ‘improvement’) work. Or Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. SECTION 26 NON-APPROPRIATION. 26.1 Appropriations. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Construction Contract are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 27 AUTHORITY. 27.1 Representation of Parties. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. SECTION 28 COUNTERPARTS 28.1 Multiple Counterparts. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 20 Rev. April 27, 2016 CONSTRUCTION CONTRACT SECTION 29 SEVERABILITY. 29.1 Severability. In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. SECTION 30 STATUTORY AND REGULATORY REFERENCES. 30.1 Amendments to Laws. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by City, unless otherwise required by law. SECTION 31 WORKERS’ COMPENSATION CERTIFICATION. 31.1 Workers Compensation. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS. 32.1 General Notice to Contractor. City requires Contractor and its listed subcontractors to comply with the requirements of SB 854. 32.2 Labor Code section 1771.1(a) City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 32.3 DIR Registration Required. City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. 32.4 Posting of Job Site Notices. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 21 Rev. April 27, 2016 CONSTRUCTION CONTRACT City gives notice to Contractor and its listed subcontractors that Contractor is required to post all job site notices prescribed by law or regulation and Contractor is subject to SB 854-compliance monitoring and enforcement by DIR. 32.5 Payroll Records. City requires Contractor and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: (i) Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its listed subcontractors, in connection with the Project. (ii) The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its listed subcontractors, respectively. (iii) At the request of City, acting by its project manager, Contractor and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of City’s request. City requests Contractor and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. (iv) If the certified payroll records are not produced to the project manager within the 10-day period, then Contractor and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15 hereof. (v) Inform the project manager of the location of contractor’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Invitation for Bid (IFB) Package 22 Rev. April 27, 2016 CONSTRUCTION CONTRACT CITY OF PALO ALTO City Manager (Contract over $85k) Purchasing Manager (Contract over $25k) Contracts Administrator (Contract under $25k) APPROVED AS TO FORM: City Attorney or designee (Contract over $25k) Contracts Administrator (Checklist Approval) PWD APPROVED: Public Works Director: MONTEREY MECHANICAL Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 President James Troup EXHIBIT “A-1” CONSTRUCTION SERVICES TASK ORDER Contractor hereby agrees to perform the work detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into the Agreement by this reference. The Contractor shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONTRACTOR 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _PHASE___ 6. CITYPROJECTMANAGER’S NAME/DEPARTMENT___________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Contractor. APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Bond# 070 023 373 Premium $4435.00 CONTRACTOR1S PERFORMANCE SURETY BOND Monterey Mechanical Co. WHEREAS, the City Council of the City of Palo Alto, State of California ("City") and , ("Principal") have entered into an agreement dated , and identified asSee belp'IJ.ihich is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements; and • 1FB #165567 -On-Call Emergency Construction Seivices WHEREAS, Principal is required under the terms of said agreement to furnish a surety bond for the faithful performance of said agreement. NOW, THEREFORE, Principal and Liberty Mutual Insurance Company as Surety, incorporated under the Laws of the State of Massac~uMlll! duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of •• dollars {$ ••• ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. "'*Two Hundred Fifty Thousand and No/10Q-......... Dollars •**($250,000.00) The condition of this obligation is such that if the Principal, Principal's heirs, executors, administrators, successors, or assigns shall promptly and faithfully keep and perform the covenants, conditions, and provisions of t_he above- mentioned agreement and any alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such agreement and shall fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal's failure to do so, and shall reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. As part of the obligations secured hereto, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety shall be liable for any liquidated damages for which the Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefore. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code Section 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. II II II II Rev. April 27, 2016 22 PART 3 -BID FORM AND BIDDER'S DOCUMENTS DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Bond # 070 023 373 Premium Included in Performance Bond CONTRACTOR'S PAYMENT (LABOR AND MATERIALS) SURETY BOND Monterey Mechanical Co. WHEREAS, the City Council of the City of Palo Alto, State of California ("City") and , ("Principal"), have entered into an agreement dated , and identified a~Below("Agreement"), which is hereby referred to and made a part here of, whereby Principal agrees to install and complete certain designated public improvements; and *IFB #165567 -On-Call Emergency Services WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment surety bond with City to secure the claims to which reference is made in Titles 1 and 3 (commencing with Section 8000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW, THEREFORE, Principal and Liberty Mutual Insurance Company as Surety, incorporated under the laws of the State of Massachusetts and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of** dollars($ ••• ), this amount being not less than one hundred percent of the total amount payable by the terms of the Agreement per Civil Code section 9554, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. **Two Hundred Fifty Thousand and No/100------------------------Dollars **"($250,000.00) The condition of this obligation is such that if Principal, Principal's subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above-mentioned agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney's fees in an amount to be fixed by the court. It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 9100 of the calitornia Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this surety bond. The Surety hereby stipulates and agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the agreement of the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this surety bond, and it does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agreement or to the work performed thereunder or to the specifications accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. . .......... n .. " Rev. April 27, 2016 24 PART 3 -BID FORM AND BIDDER'S DOCUMENTS DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 -i POLICY NUMBER: MWZY307145 COMMERCIAL GENERAL LIABILllYi CG 20 10 07 04 , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or~anization(s): Location(s) Of Covered 0Derations All Persons or Organizations as required by The locations as specified in the written Written Contract or Agreement contracts or agreements Information required to comolete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04_ © ISO Properties, Inc., 2004 Page 1 of 1 ! i '. ·. ~ ;_ ' • l ~ ~ ; •. '. D DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 POLICY NUMBER: MWZY307145 COMMERCIAL GENERAL LIABILITY. CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or~anization(s): Location(s} Of Covered Operations The City of Palo Alto, its Council, Members, Officers, RE: MMC Job# 12-1628, ClientJob#IFB165567 Agents and Employees RE: On call Emergency Construction Services Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for ''bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. VVith respect to the insurance afforded to these additional insureds, the following additional exclu· sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the oovered operatfons has been completed; or 2. That portion of "your work" out of which the Injury or damage arises has been put to Jts in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 a DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 POLICY NUMBER: MWZY307145 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Oraanization(s): tions The City of Palo Alto, its Council, Members, Officers, RE: MMCJob#12-1628, Client Job# IFB165567 Agents and Employees RE: Oneal! Emergency Construction Services lnformatlon required to complete this Schedule if not shown above; will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at location designated and described in the schedule of this endorsement performed for that additional insured and included in the "pro CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 a DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 POLICY NUMBER: MWZY307145 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera· Or Organization(s}: tions All Persons or Organizations as required by The locations as specified in the written Written Contract or Agreement contracts or agreements Information required to comolete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to llability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at location designated and described in the schedule of this endorsement performed for that additional insured and included in the "pro CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 D DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 POLICY NUMBER: MWZY307145 COMMERCIAL GENERAL LIABILITY CG 20 28 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All persons or organizations as required by written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury'' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 28 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Named Insured: Monterey Mechanical Company Policy Number: MWZY307145 Effective Date: 4/1/16 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 POLICY NUMBER: MWZY307145 COMMERCIAL GENERAL LIABILITY CG 2404 0509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations as required by written contract or agreement Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or ~your work~ done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0405 09 © Insurance Services Office, Inc., 2008 Moni.r.y MKh1nleal Co. Page 1 of 1 DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Policy No. MWTB307146 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM It is agreed that throughout this Policy the words "you" and "your" refer to the Named Insured shown in the Declarations and any business entity in which the Named Insured shown in the Declarations owns, during the Policy Period, an interest of more than 50 percent. If other valid and collectible insurance is available to any business entity covered by this policy solely by reason of ownership by the Named Insured shown in the Declarations in excess of 50 percent, this insurance is excess over the other insurance, whether primary, excess, contingent, or on any other basis. PCA 038 04 06 MWTB 304276 Monterey Mechanical Co. 04/01/2015. 04/01/2016 DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Policy No. MWTB307146 Effective: 04/01/2016 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Designated Person(s) or Organization(s): All persons or organizations where required by written contract WHO IS AN INSURED (SECTION II) is amended to include the person(s) or organization(s) shown in the above Schedule, but only with respect to "accidents" arising out of work being performed for such person(s) or organization(s). As respects any person(s) or organization(s) shown in the above Schedule with whom you have agreed in a written contract to provide primary insurance coverage, this coverage will be primary and any insurance maintained by such person(s) or organization(s) will apply on an excess basis. PCA 035 04 06 MWTB 304276 Monterey Mechanical Co. 04/01/2015 • 04/01/2016 DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 Policy No. MWTB307146 Effective: 04/01/2016 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Under SECTION IV, Paragraph A. 5. is replaced by the following: We waive our right of recovery against any person or organization to the extent required by a written contract, executed prior to any "accident". The accident must arise from operations contemplated in said contract and this waiver is only applicable to the person or organization designated in said contract. PCA 044 04 06 MWTB304276 Monterey Mechanical Co. 04/01/2015 -04/01/2016 DocuSign Envelope ID: 9ED60E71-E2E3-47BF-82C5-1FB999854F61 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY NUMBER: MWC30714400 WC040306 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT .. CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 otherwise due on such remuneration. % of the California workers' compensation premium SCHEDULE PERSON OR ORGANIZATION WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT JOB DESCRIPTION WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms .Manual © 1999. INSURED CCPY City of Palo Alto (ID # 8511) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/27/2017 City of Palo Alto Page 1 Summary Title: Contract for Purchase of Four Backhoes Title: Approval of a Purchase Order With Peterson Caterpillar in the Amount of $534,857 for the Purchase of Four 2017 Caterpillar Model 420F2 HRC Backhoe Loaders From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager to execute a purchase order with Peterson Cat in the amount of $534,857 for the purchase of four 2017 Caterpillar Model 420F2 HRC Backhoe Loaders. Background This purchase is being made with full consideration for the Audit of Vehicle Utilization and Replacement. The vehicles being replaced through this purchase order have exceeded the minimum use requirements for mileage accumulation of 2,500 miles or 50 usage hours annually. The Vehicle and Equipment Use, Maintenance, and Replacement Policy section 4- 1 provides for the on-going replacement of City fleet vehicles and equipment. Replacements are scheduled using guidelines based on age, mileage accumulation and obsolescence. Because of their use in emergency situations, expansive hydraulic system, and the severe operating conditions under which they operate, the policy prescribes a replacement interval for backhoes of ten years or six thousand hours. In accordance with the policy, the Fleet Review Committee reviews all vehicles and equipment proposed for replacement and authorized recommending replacing four backhoes as part of the Fiscal Year 2018 budget. Approval was City of Palo Alto Page 2 based on: An examination of each vehicle’s current usage; An analysis of each vehicle’s operating and replacement costs; A comparison of the age, mileage, operating cost and performance of each vehicle with others in the class; An analysis of alternatives to ownership, such as mileage reimbursement; pooling/sharing; the reassignment of another underutilized vehicle, or renting; and An assessment if a more cost effective type/style of vehicle can be utilized. The Utilities Department operates six backhoes, four of which are nine years of age and have accumulated between 4,632 and 5,268 hours. Utilities staff uses backhoes as the primary tool to excavate around water, gas and sewer lines. Discussion Backhoes are a critical piece of construction equipment used by Utilities Department staff. Approval for the purchase of these new backhoes will provide users continued availability as the factory build time for a 2017 Caterpillar Model 420F2 HRC Backhoe Loader is between nine and twelve months. In accordance with the aforementioned policy, which states that the City shall acquire Plug-In Electric Vehicles (PEV) upon replacement or for new needs when they are available, and meet needed range, load and emergency response requirements, staff found neither Caterpillar nor any other tractor manufacturer offer an equivalent hybrid or electric powered replacement for this tractor model. By January 2019 the City’s fleet must comply with the In-Use Off-Road Diesel Regulation, as mandated by California Environmental Protection Agency (Cal-EPA) and California Air Resources Board (CARB) to phase out older engines based on NOx (generic term for the mono-nitrogen oxides NO and NO2) emissions, determined by the horsepower and model year of each engine and classified in tiers. This regulation pertains to self-propelled off-road diesel vehicles over 25 horsepower. Fleet must eliminate or replace older lower tier engines with newer higher tier engines. The recommended replacements are rated Tier 4, the highest possible for this vehicle designation. City of Palo Alto Page 3 Bid Process Section 2.30.360(j) of Title 2 of the Palo Alto Municipal Code identifies the process that allows the use of Intergovernmental Cooperative Purchasing agreements. Bids for this purchase were obtained through the National Joint Purchasing Alliance (NJPA), an approved cooperative group. A request for quotation was sent to NJPA, and a quote was received from Peterson Cat on August 24, 2017 (Attachment A). Resource Impact Funding was approved as part of the Adopted Fiscal Year 2018 Capital Budget for the purchase of these four backhoes in the Scheduled Vehicle and Equipment Replacement–Fiscal Year 2018 Capital Improvement Program project (VR-18000). Policy Implications Authorization of the contract does not represent any change to the existing policy and is supported by Comprehensive Plan Goal N-5, Policy N-5.2, reducing the emissions of particulates from automobiles, construction activity, landscape maintenance, etc., which also supports regional, state, and federal programs that improve air quality. Environmental Review The vehicles to be purchased will replace existing vehicles used by the City, and comply with all applicable emissions laws and regulations which are more stringent than those that applied to the existing fleet. Accordingly, this purchase is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061. Attachments: Attachment A - Quote Page 1 of 3 August 24, 2017 CITY OF PALO ALTO EQUIPMENT MGMNT 3201 EAST BAYSHORE RD PALO ALTO California 94303 NJPA Contract# 032515 Attention: Raul Juarez RE: Quote 142813-01 Dear Raul, We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration. Four (4) New Caterpillar Model: 420F2 HRC Backhoe Loaders MACHINE SPECIFICATIONS 420F2 BHL ST, TIER 4, HRC 450-8448 LANE 2 - AVAILABLE FROM LEICESTER FACTORY LANE 3 - AVAILABLE FROM LEICESTER FACTORY ONLY FOR USE WITH: AM-N and PUERTO RICO WORKLIGHTS (8) HALOGEN LAMPS 491-6734 INSTRUCTIONS, ANSI 430-9944 INSTRUCTIONS, ISO 430-9945 SEAT BELT, 3'' SUSPENSION 206-1748 STABILIZER PADS, FLIP-OVER 9R-6007 BUCKET-HD, 24'', 6.2 CFT 219-3387 SERIALIZED TECHNICAL MEDIA KIT 421-8926 SHIPPING/STORAGE PROTECTION 461-6839 RUST PREVENTATIVE APPLICATOR 462-1033 PACK, DOMESTIC TRUCK 0P-0210 BEACON, MAGNETIC MOUNT 211-4292 LANE 3 ORDER 0P-9003 STICK, EXTENDABLE, 14FT 450-8730 PT, 4WD, AUTOSHIFT 450-8616 ENGINE, 74.5KW,C4.4 ACERT, T4F 450-8757 Attachment A Page 2 of 3 HYDRAULICS, MP, 6FCN/8BNK, ST 450-8530 PRODUCT LINK, CELLULAR, PL641I 447-0049 CAB, DELUXE 450-8683 SEAT, DELUXE FABRIC 433-4806 TIRES, 340 80R18/500 70R24, MX 320-2384 COUNTERWEIGHT, 1015 LBS 337-9696 BUCKET-MP, 1.4 CYD 337-7442 CUTTING EDGE, TWO PIECE,WIDE 9R-5320 RIDE CONTROL 398-2681 LINES, COMBINED AUX, E-STICK 398-2853 RADIO & CD PLAYER, BLUETOOTH 387-6598 MIRRORS, EXTERNAL, BOTH SIDES 382-2499 LINES,HYD COUPLER 14FT E-STICK 450-8578 COUPLER, PG, HYD, DUAL LOCK 361-1200 Hooks, Forks BKT200-Kit Orange Safety Triangle 8T-6986 Packet, Hammer Radiator Protector, Installed D-Rings Installed (Welded) In Front Bucket SELL PRICE $490,694.08 EXT WARRANTY Included NET BALANCE DUE $490,694.08 SALES TAX (9%) $44,162.48 AFTER TAX BALANCE $534,856.56 WARRANTY Standard Warranty: 12 Month, Unlimited Hours Standard Warranty Extended Warranty: 420-60 MO/5000 HR POWERTRAIN + HYDRAULICS F.O.B/TERMS: San Leandro PAYMENT TERMS Cash Invoice Terms CASH WITH ORDER QUOTE SELL PRICE $534,856.56 $490,694.08 Page 3 of 3 Accepted by___________________________________ on ____________________ ______________________________ Signature This Quote is valid for 90 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me. Sincerely, Jon Hamilton Machine Sales Representative Peterson CAT 925-580-2439 JHHamilton@petersoncat.com City of Palo Alto (ID # 8561) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/27/2017 City of Palo Alto Page 1 Summary Title: Fire Station 3 Rebuild Title: Approval of a Contract With Strawn Construction, Inc. in the Amount of $5,944,000 for the Fire Station No. 3 Replacement Project; Authorization for the City Manager to Negotiate and Execute Related Change Orders Not-to- Exceed $594,400 in Total Value; Approval of Amendment 1 to Contract C16163034 With Nova Partners, Inc. to Increase Compensation by $359,264 for Construction Management Services for Fire Station No. 3; and Approval of a Budget Amendment in the Capital Improvement Fund From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute the attached contract with Strawn Construction, Inc. (Attachment A) in an amount not to exceed $5,944,000 for Fire Station No. 3 Replacement, Capital Improvements Program project PE-15003; 2. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Strawn Construction, Inc. for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $594,400; 3. Approve and authorize the City Manager or his designee to execute Amendment 1 to Contract C16163034 with Nova Partners, Inc. (Attachment B) to add construction management for Fire Station No. 3 to the scope of services and increase compensation by $359,264 for a total contract amount not to exceed $4,559,735; and 4. Amend the Fiscal Year 2018 budget appropriation ordinance for the Capital Improvement Fund by: City of Palo Alto Page 2 a. Increasing the Fire Station No. 3 Replacement project (PE-15003) appropriation in the amount of $1,932,912; b. Decreasing the Salaries and Benefits - Capital Improvement Fund CIP Projects (AS-10000) in the amount of $125,097; and c. Decreasing the Infrastructure Reserve in the amount of $1,807,815. Background The Fire Station No. 3 Replacement project is part of the Council Infrastructure Plan. Total funding in the amount of $7.3 million has been approved for the project in Capital Improvement Program project PE-15003. The existing Fire Station No. 3, located at 799 Embarcadero Road in Palo Alto is a one-story, wood-framed structure built in 1958 and has had minimal improvements over the past 59 years. The new Fire Station No. 3 will replace the aging station and be built as an Essential Services Facility in accordance with the Essential Service Building Seismic Safety Act. The new two-story, 6,663 square foot fire station will meet current California Building Codes, Americans with Disabilities Act, National Fire Protection Association codes and standards, follow Environmental, Health, Safety guidelines, and comply with OSHA laws and regulations. The Architectural Review Board recommended approval of this project, and the Director of Planning and Community Environment approved the project in March 2017. The plans include site integration features that relate with the surrounding environment. The main materials to be used on the project are a red/orange terra cotta and zinc metal paneling which will be installed using rain screen application to maximize energy performance as well as indoor air quality. The roof will contain a photovoltaic array and be screened with high parapets. The station will be a wood-framed structure with supporting steel elements on a structural mat foundation. The station will include a pedestrian plaza, a bicycle queuing area, public art, landscaping that will incorporate protected trees, new regional indigenous drought resistant plant material, and a stormwater collection system integrated with a cobblestone dry steam bed. All these features and more will allow for a Silver Certification in Leadership in Energy and Environmental Design (LEED). Additionally the new station will incorporate an alarm and communication system essential for fire and medic response to the neighborhood served by Fire Station No. 3. City of Palo Alto Page 3 The construction of a new Fire Station No. 3 will require the station to be relocated to an interim facility located at 2000 Geng Road, as approved by Council in October 2016 (CMR 7356). The temporary facility will accommodate the station’s three on-duty personnel and two apparatus (the engine, and medic car). The project will also require the coordination of multiple construction disciplines while maintaining right-of-way access within a heavily used intersection of Newell and Embarcadero Roads. In a public hearing on August 28, 2017, Council found the project to be “substantially complex”, allowing contractor retention to be withheld at 10 percent. Retention is a contractual withholding of money by the City to cover any unexpected expenses, such as liens or poor workmanship, that may occur before the project is completed and accepted. Discussion Bid Process On September 21, 2017, a notice inviting formal bids (IFB) for the Fire Station No. 3 Replacement Project was posted at City Hall, and sent to 10 builder’s exchanges and 591 contractors through the City’s eProcurement system. The bidding period was 28 calendar days. Bids were received from five qualified contractors on October 19, 2017 as listed on the attached Bid Summary (Attachment C). Summary of Bid Process Bid Name/Number Fire Station No. 3 Replacement Project Proposed Length of Project 365 Calendar Days Number of Bid Packages Downloaded by Builder’s Exchanges 8 Number of Bid Packages Downloaded by Prime Contractors 16 Total Days to Respond to Bid 28 Calendar Days Pre-Bid Meeting? Yes (not mandatory) Number of Bids Received: 4 Base Bid Price Range $5,944,000 to $8,700,000 The apparent low bidder was selected based upon the total of the base bid without consideration of the add alternate to construct the foundation for the City of Palo Alto Page 4 new public art piece adjacent to the new station on Newell Road. Base bids ranged from $5,944,000 to $8,700,000 and from 8% to 58% above the engineer’s estimate. Staff has reviewed all bids submitted and recommends the bid totaling $5,944,000 submitted by Strawn Construction, Inc. be accepted and Strawn Construction, Inc. be declared the lowest responsible bidder. The award amount includes the bid add alternate item for the construction of the foundation for the new public art piece adjacent to the new station on Newell Road. The contingency amount of $594,400, which equals 10 percent of the total contract, is requested for related, additional, but unforeseen work that may develop during the project. Staff reviewed other similar projects performed by Strawn Construction, Inc. and did not find any significant complaints with their previous work. Staff also checked with the Contractor's State License Board and confirmed the contractor has an active license on file. Soon after bid opening and prior to the issuance of a notice of intent to award, two bid protests were received from the second and third lowest bidders. The Chief Procurement Officer found the protests had no merit, and the protests were denied. At the time of bid opening, Strawn had failed to include the license number and Department of Industrial Relations (DIR) registration number for three listed subcontractors and the business address for two. Within 24 hours of the bid submission, however, Strawn submitted a revised list that included the earlier-omitted information and made no other changes. Per Palo Alto Municipal Code Section 2.30.480, the City may waive minor irregularities, defects or informalities that would not affect the bid amount. The subcontractors were readily identifiable by name, and their names were not changed in the revised list. Only missing information was added. Waiving minor irregularities such as this is not atypical, having happened with previous City contract awards. No appeal of the bid protest denial was filed within the five day appeal period. Nova Contract Amendment On June 13, 2016, Council approved a contract with Nova Partners, Inc. for program management of the nine Council Infrastructure Plan projects. The contract included “Optional Task 5” for Construction Management (CM) services. The attached contract amendment (Attachment B) adds the necessary scope and compensation for CM services during the construction of Fire Station No. 3. CM services includes conducting weekly OAC (Owner/Architect/Contractor) meetings City of Palo Alto Page 5 to review the project schedule, RFIs, and open items that require resolution, review of contractor payment applications, review of change order requests, processing contract change orders, providing expert review of entitlement to changes, review of level of completeness for payment, review of project schedules, and adherence to the contract project schedule. Timeline Relocation of Fire Station No. 3 to 2000 Geng Road is expected to be complete in early December 2017. Demolition and construction of Fire Station No. 3 is expected to begin in January 2018 and completion is anticipated in early 2019. Resource Impact Project Costs Prior Year Actuals FY 2018 Current Budget* Recommended FY 2018 Adjustment FY 2018 Modified Budget FY 2019 Proposed Costs Updated Project Total Design $322,815 $485,053 $485,053 $807,868 Construction $11,165 $5,973,152 $1,807,815 $7,780,967 $7,792,132 Salary & Benefits $453,555 $55,803 $125,097 $180,900 $224,900 $859,355 Total $787,535 $6,514,008 $1,932,912 $8,446,920 $224,900 $9,459,355 *Includes FY2018 Final Reappropriation of $122,371, approved by Council on November 6, 2017 (CMR #8451). The initial 2014 Council Infrastructure Plan budget amount for the Fire Station No. 3 Replacement project was $6.7 million, excluding staff salaries and benefits, based on a cost estimate from 2008. Using updated cost estimates, the FY 2018 Adopted Budget Transmittal Letter anticipated an $8.1 million project cost excluding staff salaries and benefits. With the recommended contract award, the project cost excluding staff salaries and benefits is $8.6 million, and $9.5 million for all costs. Staff is evaluating project costs for all of the nine projects included in the 2014 Council Infrastructure Plan. An update to the Council on the project costs and the strategies for providing the necessary funding to complete the Infrastructure Plan is planned for January 2018. City of Palo Alto Page 6 Policy Implications The proposed action is consistent with City policy. Environmental Review This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15302 of the CEQA Guidelines as “Replacement or Reconstruction of Existing Structures” and no further environmental review is necessary. A notice of CEQA exemption was filed in early March 2017. Attachments: Attachment A: IFB170040 Construction Contract- Fire Station 3 Attachment B: Nova Partners Contract C16163034 Amendment No.1 Attachment C: Bid Results Invitation for Bid (IFB) Package 1 Rev. March 17, 2017 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT Contract No. C18170040 City of Palo Alto Fire Station No. 3 Replacement Project Invitation for Bid (IFB) Package 2 Rev. March 17, 2017 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT TABLE OF CONTENTS SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….…………..6 1.1 Recitals…………………………………………………………………………………………………………………….6 1.2 Definitions……………………………………………………………………………………………………………….6 SECTION 2 THE PROJECT………………………………………………………………………………………………………...6 SECTION 3 THE CONTRACT DOCUMENTS………………………………………………………………………………..7 3.1 List of Documents…………………………………………………………………………………………….........7 3.2 Order of Precedence……………………………………………………………………………………………......7 SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..8 4.1 Contractor's Duties…………………………………………………………………………………………………..8 SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8 5.1 Contractor's Co-operation………………………………………………………………………………………..8 SECTION 6 TIME OF COMPLETION…………………………………………………………………………………….......8 6.1 Time Is of Essence…………………………………………………………………………………………………….8 6.2 Commencement of Work…………………………………………………………………………………………8 6.3 Contract Time…………………………………………………………………………………………………………..8 6.4 Liquidated Damages…………………………………………………………………………………………………8 6.4.1 Other Remedies……………………………………………………………………………………………………..9 6.5 Adjustments to Contract Time………………………………………………………………………………….9 SECTION 7 COMPENSATION TO CONTRACTOR……………………………………………………………………….9 7.1 Contract Sum……………………………………………………………………………………………………………9 7.2 Full Compensation……………………………………………………………………………………………………9 SECTION 8 STANDARD OF CARE……………………………………………………………………………………………..9 8.1 Standard of Care…………………………………………………………………………………..…………………9 SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..…10 9.1 Hold Harmless……………………………………………………………………………………………………….10 9.2 Survival…………………………………………………………………………………………………………………10 SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………10 10.1 Municipal Code Requirement…………….………………………………..……………………………….10 SECTION 11 INSURANCE AND BONDS.…………………………………………………………………………………10 Invitation for Bid (IFB) Package 3 Rev. March 17, 2017 CONSTRUCTION CONTRACT 11.1 Evidence of Coverage…………………………………………………………………………………………..10 SECTION 12 PROHIBITION AGAINST TRANSFERS…………………………………………………………….…11 12.1 Assignment………………………………………………………………………………………………………….11 12.2 Assignment by Law.………………………………………………………………………………………………11 SECTION 13 NOTICES …………………………………………………………………………………………………………….11 13.1 Method of Notice …………………………………………………………………………………………………11 13.2 Notice Recipents ………………………………………………………………………………………………….11 13.3 Change of Address……………………………………………………………………………………………….12 SECTION 14 DEFAULT…………………………………………………………………………………………………………...12 14.1 Notice of Default………………………………………………………………………………………………….12 14.2 Opportunity to Cure Default…………………………………………………………………………………12 SECTION 15 CITY'S RIGHTS AND REMEDIES…………………………………………………………………………..13 15.1 Remedies Upon Default……………………………………………………………………………………….13 15.1.1 Delete Certain Services…………………………………………………………………………………….13 15.1.2 Perform and Withhold……………………………………………………………………………………..13 15.1.3 Suspend The Construction Contract…………………………………………………………………13 15.1.4 Terminate the Construction Contract for Default………………………………………………13 15.1.5 Invoke the Performance Bond………………………………………………………………………….13 15.1.6 Additional Provisions……………………………………………………………………………………….13 15.2 Delays by Sureties……………………………………………………………………………………………….13 15.3 Damages to City…………………………………………………………………………………………………..14 15.3.1 For Contractor's Default…………………………………………………………………………………..14 15.3.2 Compensation for Losses…………………………………………………………………………………14 15.4 Suspension by City……………………………………………………………………………………………….14 15.4.1 Suspension for Convenience……………………………………………………………………………..14 15.4.2 Suspension for Cause………………………………………………………………………………………..14 15.5 Termination Without Cause…………………………………………………………………………………14 15.5.1 Compensation………………………………………………………………………………………………….15 15.5.2 Subcontractors………………………………………………………………………………………………..15 15.6 Contractor’s Duties Upon Termination………………………………………………………………...15 SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES……………………………………………………………16 16.1 Contractor’s Remedies……………………………………..………………………………..………………….16 Invitation for Bid (IFB) Package 4 Rev. March 17, 2017 CONSTRUCTION CONTRACT 16.1.1 For Work Stoppage……………………………………………………………………………………………16 16.1.2 For City's Non-Payment…………………………………………………………………………………….16 16.2 Damages to Contractor………………………………………………………………………………………..16 SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….…16 17.1 Financial Management and City Access………………………………………………………………..16 17.2 Compliance with City Requests…………………………………………………………………………….17 SECTION 18 INDEPENDENT PARTIES……………………………………………………………………………………..17 18.1 Status of Parties……………………………………………………………………………………………………17 SECTION 19 NUISANCE……………………………………………………………………………………………………….…17 19.1 Nuisance Prohibited……………………………………………………………………………………………..17 SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………….17 20.1 Payment of Fees…………………………………………………………………………………………………..17 SECTION 21 WAIVER…………………………………………………………………………………………………………….17 21.1 Waiver………………………………………………………………………………………………………………….17 SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS……………………………….18 22.1 Governing Law…………………………………………………………………………………………………….18 22.2 Compliance with Laws…………………………………………………………………………………………18 22.2.1 Palo Alto Minimum Wage Ordinance…………….………………………………………………….18 SECTION 23 COMPLETE AGREEMENT……………………………………………………………………………………18 23.1 Integration………………………………………………………………………………………………………….18 SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………..18 24.1 Survival of Provisions……………………………………………………………………………………………18 SECTION 25 PREVAILING WAGES………………………………………………………………………………………….18 SECTION 26 NON-APPROPRIATION……………………………………………………………………………………….19 26.1 Appropriation………………………………………………………………………………………………………19 SECTION 27 AUTHORITY……………………………………………………………………………………………………….19 27.1 Representation of Parties…………………………………………………………………………………….19 SECTION 28 COUNTERPARTS………………………………………………………………………………………………..19 28.1 Multiple Counterparts………………………………………………………………………………………….19 SECTION 29 SEVERABILITY……………………………………………………………………………………………………19 29.1 Severability………………………………………………………………………………………………………….19 SECTION 30 STATUTORY AND REGULATORY REFERENCES …………………………………………………..19 Invitation for Bid (IFB) Package 5 Rev. March 17, 2017 CONSTRUCTION CONTRACT 30.1 Amendments of Laws…………………………………………………………………………………………..19 SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….….19 31.1 Workers Compensation…………………………………………………………………………………….19 SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS………………………………..…20 32.1 General Notice to Contractor…………………………………………………………………………….20 32.2 Labor Code section 1771.1(a)…………………………………………………………………………….20 32.3 DIR Registration Required…………………………………………………………………………………20 32.4 Posting of Job Site Notices…………………………………………………………………………………20 32.5 Payroll Records…………………………………………………………………………………………………20 Invitation for Bid (IFB) Package 6 Rev. March 17, 2017 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT entered into on November 27, 2017 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and STRAWN CONSTRUCTION INC ("Contractor"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Contractor is a Corporation duly organized and in good standing in the State of California, Contractor’s License Number 927286 and Department of Industrial Relations Registration Number 1000000867. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract. C. On September 21, 2017, City issued an Invitation for Bids (IFB) to contractors for the Fire Station No.3 Replacement (“Project”). In response to the IFB, Contractor submitted a Bid. D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Contract Documents for the Project upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail. SECTION 2 THE PROJECT. The Project is the Fire Station No. 3 Replacement Project, located at 799 Embarcadero Road, Palo Alto, CA. 94303 ("Project"). Invitation for Bid (IFB) Package 7 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated by reference. 1) Change Orders 2) Field Orders 3) Contract 4) Bidding Addenda 5) Special Provisions 6) General Conditions 7) Project Plans and Drawings 8) Technical Specifications 9) Instructions to Bidders 10) Invitation for Bids 11) Contractor's Bid/Non-Collusion Declaration 12) Reports listed in the Contract Documents 13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid) 14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Bid) 15) City of Palo Alto Traffic Control Requirements 16) City of Palo Alto Truck Route Map and Regulations 17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre- Qualification Checklist (if applicable) 18) Performance and Payment Bonds 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. Invitation for Bid (IFB) Package 8 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 4 CONTRACTOR’S DUTY. 4.1 Contractor’s Duties Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. SECTION 5 PROJECT TEAM. 5.1 Contractor’s Co-operation. In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. Contractor shall commence the Work on the date specified in City’s Notice to Proceed. 6.3 Contract Time. Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed not later than . within Three Hundred Sixty Five calendar days (365) after the commencement date specified in City’s Notice to Proceed. By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion. 6.4 Liquidated Damages. Pursuant to Government Code Section 53069.85, if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Substantial Completion, based on the amount of One Thousand Five Hundred dollars ($1,500) per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. The City is entitled to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, Invitation for Bid (IFB) Package 9 Rev. March 17, 2017 CONSTRUCTION CONTRACT including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Substantial Completion, shall not operate as a waiver of City’s right to assess liquidated damages. 6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents. SECTION 7 COMPENSATION TO CONTRACTOR. 7.1 Contract Sum. Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of Five Million Nine Hundred Forty Four Dollars ($5,944,000.00). [This amount includes the Base Bid and Additive Alternates #6.] 7.2 Full Compensation. The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents. SECTION 8 STANDARD OF CARE. 8.1 Standard of Care. Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. Invitation for Bid (IFB) Package 10 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third-party claim relating to the Contract. 9.2 Survival. The provisions of Section 9 shall survive the termination of this Construction Contract. SECTION 10 NON-DISCRIMINATION. 10.1 Municipal Code Requirement. As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. 11.1 Evidence of coverage. Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. Invitation for Bid (IFB) Package 11 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 12 PROHIBITION AGAINST TRANSFERS. 12.1 Assignment. City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City. 12.2 Assignment by Law. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 13 NOTICES. 13.1 Method of Notice. All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail. 13.2 Notice to Recipients. All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at: To City: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to: City of Palo Alto Public Works Administration 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Matt Raschke AND Invitation for Bid (IFB) Package 12 Rev. March 17, 2017 CONSTRUCTION CONTRACT Nova Partners, Inc. 207 Moffett Blvd. Mountain View, CA 94043 Attn: Hans de Roos In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following: Palo Alto City Attorney’s Office 250 Hamilton Avenue P.O. Box 10250 Palo Alto, California 94303 All Claims shall be sent by registered mail or certified mail with return receipt requested. All notices, demands, requests or approvals from City to Contractor shall be addressed to: STRAWN CONSTRUCTION, INC. 1140 Pedro Street, Suite 1 San Jose, CA 95123 Attn: Randall R Strawn 13.3 Change of Address. In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. SECTION 14 DEFAULT. 14.1 Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract, with a copy to Contractor’s performance bond surety. 14.2 Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. Invitation for Bid (IFB) Package 13 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 15 CITY'S RIGHTS AND REMEDIES. 15.1 Remedies Upon Default. If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following: 15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto. 15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto. 15.1.3 Suspend The Construction Contract. City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work. 15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein. 15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. 15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City. 15.2 Delays by Sureties. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety shall be jointly and severally Invitation for Bid (IFB) Package 14 Rev. March 17, 2017 CONSTRUCTION CONTRACT liable for any additional cost incurred by City to complete the Work following termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. 15.3 Damages to City. 15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents. 15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the difference and shall promptly remit same to City. 15.4 Suspension by City 15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work. 15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction. Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 15.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses arising from or related to the Work performed by Contractor. Invitation for Bid (IFB) Package 15 Rev. March 17, 2017 CONSTRUCTION CONTRACT 15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work : .1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. .2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors: (i) Demobilizing and (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. .4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Contractor can prove a likelihood that it would have made a profit if the Construction Contract had not been terminated. 15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section. 15.6 Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, Invitation for Bid (IFB) Package 16 Rev. March 17, 2017 CONSTRUCTION CONTRACT submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES. 16.1 Contractor’s Remedies. Contractor may terminate this Construction Contract only upon the occurrence of one of the following: 16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience. 16.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract. 16.2 Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 17 ACCOUNTING RECORDS. 17.1 Financial Management and City Access. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. Invitation for Bid (IFB) Package 17 Rev. March 17, 2017 CONSTRUCTION CONTRACT 17.2 Compliance with City Requests. Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 18 INDEPENDENT PARTIES. 18.1 Status of parties. Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’ of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 19 NUISANCE. 19.1 Nuisance Prohibited. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract. SECTION 20 PERMITS AND LICENSES. 20.1 Payment of Fees. Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 21 WAIVER. 21.1 Waiver. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. Invitation for Bid (IFB) Package 18 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS. 22.1 Governing Law. This Construction Contract shall be construed in accordance with and governed by the laws of the State of California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no other place. 22.2 Compliance with Laws. Contractor shall comply with all applicable federal and California laws and city laws, including, without limitation, ordinances and resolutions, in the performance of work under this Construction Contract. 22.2.1 Palo Alto Minimum Wage Ordinance. Contractor shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, Contractor shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, Contractor shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 23 COMPLETE AGREEMENT. 23.1 Integration. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 24 SURVIVAL OF CONTRACT. 24.1 Survival of Provisions. The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract. SECTION 25 PREVAILING WAGES. This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the public works contract does not include a project of $25,000 or less, when the project is for construction work, or the contract does not include a project of $15,000 or less, when the project is for alteration, demolition, repair, or maintenance (collectively, ‘improvement’) work. Or Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work Invitation for Bid (IFB) Package 19 Rev. March 17, 2017 CONSTRUCTION CONTRACT in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. SECTION 26 NON-APPROPRIATION. 26.1 Appropriations. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Construction Contract are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 27 AUTHORITY. 27.1 Representation of Parties. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. SECTION 28 COUNTERPARTS 28.1 Multiple Counterparts. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. SECTION 29 SEVERABILITY. 29.1 Severability. In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. SECTION 30 STATUTORY AND REGULATORY REFERENCES. 30.1 Amendments to Laws. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by City, unless otherwise required by law. SECTION 31 WORKERS’ COMPENSATION CERTIFICATION. 31.1 Workers Compensation. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: Invitation for Bid (IFB) Package 20 Rev. March 17, 2017 CONSTRUCTION CONTRACT “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS. 32.1 General Notice to Contractor. City requires Contractor and its listed subcontractors to comply with the requirements of SB 854. 32.2 Labor Code section 1771.1(a) City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 32.3 DIR Registration Required. City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. 32.4 Posting of Job Site Notices. City gives notice to Contractor and its listed subcontractors that Contractor is required to post all job site notices prescribed by law or regulation and Contractor is subject to SB 854-compliance monitoring and enforcement by DIR. 32.5 Payroll Records. City requires Contractor and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: (i) Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its listed subcontractors, in connection with the Project. (ii) The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its listed subcontractors, respectively. Invitation for Bid (IFB) Package 21 Rev. March 17, 2017 CONSTRUCTION CONTRACT (iii) At the request of City, acting by its project manager, Contractor and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of City’s request. City requests Contractor and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. (iv) If the certified payroll records are not produced to the project manager within the 10-day period, then Contractor and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15 hereof. (v) Inform the project manager of the location of contractor’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written. CITY OF PALO ALTO ____________________________ Purchasing Manager City Manager APPROVED AS TO FORM: ____________________________ City Attorney or designee APPROVED: ____________________________ Public Works Director CONTRACTOR Officer 1 By:___________________________ Name:________________________ Title:__________________________ Date: _________________________ Officer 2 By:____________________________ Name:_________________________ Title:___________________________ Date:____________________________ 1 Revision July 20, 2016 AMENDMENT NO. 1 TO CONTRACT NO. C16163034 BETWEEN THE CITY OF PALO ALTO AND NOVA PARTNERS, INC. This Amendment No. 1 to Contract No. C16163034 (“Contract” or “Agreement”) is entered into November 27, 2017 (Amendment Effective Date), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and NOVA PARTNERS, INC., a California corporation, located at 201 Moffett Blvd., Mountain View, CA, 94043 (“CONSULTANT”). City and Consultant are referred to herein collectively as the “Parties”. R E C I T A L S A. The Contract was entered into between the Parties for the provision of Program Management Services for nine major projects including the Fire Station 3 Replacement project. B. Section 27.4 of the Contract authorizes the Parties to modify the Contract by written amendment. C. The Parties now desire to amend the Contract to add Construction Management (CM) Services for the Fire Station 3 Replacement project to the scope of services and to increase the compensation by Three Hundred Fifty-Nine Two Hundred Sixty-Four Dollars ($359,264), from Four Million Two Hundred Thousand Four Hundred Seventy-One Dollars ($4,200,471) to Four Million Five Hundred Fifty-nine Thousand Seven Hundred Thirty-Five Dollars ($4,559,735). NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Section 1, “SCOPE OF SERVICES”, of the Contract is hereby amended to read as follows: “CONSULTANT shall perform the Services described at Exhibit “A” and Exhibit “A-1” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.” SECTION 2. Section 3, “SCHEDULE OF PERFORMANCE”, of the Contract is hereby amended to read as follows: “Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B” and Exhibit “B-1”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this DocuSign Envelope ID: 1C4936C5-9189-48A7-A845-C6273D5C72AF 2 Revision July 20, 2016 Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.” SECTION 3. Section 4, “NOT TO EXCEED COMPENSATION”, of the Contract is hereby amended to read as follows: “The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”) and Exhibit “A-1” (Amendment No. 1), and reimbursable expenses, shall not exceed Four Million One Hundred Forty-Five Thousand Two Hundred Fourteen Dollars ($4,145,214). CONSULTANT agrees to complete all Basic Services and the Services in Exhibit A-1, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Exhibit A-1 Services, Additional Services and reimbursable expenses shall not exceed Four Million Five Hundred Fifty-nine Thousand Seven Hundred Thirty-Five Dollars ($4,559,735). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. “Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A” and Exhibit “A-1”.” SECTION 4. The following exhibits to the Contract are hereby amended or added to read as set forth in the attachments to this Amendment, which are incorporated in full by this reference: a. Exhibit “A-1” entitled “SCOPE OF SERVICES, AMENDMENT No. 1” - Added b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT No. 1” – Added c. Exhibit “C” entitled “COMPENSATION, AMENDMENT No. 1” Amended. Exhibit “C” is amended and replaced in its entirety by “Revised Exhibit ‘C’, Compensation, Amendment No. 1” attached hereto and incorporated herein. DocuSign Envelope ID: 1C4936C5-9189-48A7-A845-C6273D5C72AF 3 Revision July 20, 2016 SECTION 5. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO City Manager (Contract over $85k) APPROVED AS TO FORM: City Attorney or designee (Contract over $25k) NOVA PARTNERS Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachments: EXHIBIT "A-1": SCOPE OF SERVICES, AMENDMENT NO. 1-ADDED EXHIBIT "B-1": SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1-ADDED EXHIBIT “C”: COMPENSATION, AMENDMENT NO. 1-AMENDED DocuSign Envelope ID: 1C4936C5-9189-48A7-A845-C6273D5C72AF David Marks Vice President Dennis Coonan CFO 4 Revision July 20, 2016 EXHIBIT “A-1” SCOPE OF SERVICES AMENDMENT NO.1 Task 5.1: Construction Management Services for Fire Station 3 Replacement Project CONSULTANT shall provide construction management (CM) services for the Fire Station 3 Replacement Project. CM services consist of monitoring and managing the construction contract while coordinating the progress of the work with the City and the project architect and the architect’s team of subconsultants. Construction management for Fire Station 3 Replacement shall include the following: a. Review general contractor’s baseline project schedule and monitor continuously during project duration, advising on schedule adherence and status. b. Review general contractor’s monthly project schedule updates and monthly application for payment. c. Conduct weekly Owner/Architect/Contractor (OAC) meetings and document/publish meeting minutes. d. Monitor Requests for Information (RFI’s), response times, submittal approvals, and change requests during construction to maintain the project schedule. e. Manage project change orders, review for validity, and process requests on appropriate City forms to allow for City approval. CONSULTANT will create and manage the change order log for the project. f. Review all payment applications for accuracy to allow City to issue payment. g. Review field progress and maintain open communication between project team members during the construction phase. h. Publish a monthly construction report summarizing progress. Report shall be submitted to City for inclusion on the City web site. i. Manage Basecamp file storage for project files. j. Provide Special Testing and Inspection services (geotechnical excluded). DocuSign Envelope ID: 1C4936C5-9189-48A7-A845-C6273D5C72AF 5 Revision July 20, 2016 EXHIBIT “B-1” SCHEDULE OF PERFORMANCE AMENDMENT NO. 1 CONSULTANT shall commence performance of Task 5.1 (Construction Management Services for Fire Station 3 Replacement Project) of Exhibit “A-1”, upon CITY’s issuance of Notice to Proceed. These services shall be performed for the duration of the project unless earlier terminated by CITY in its sole discretion. For information purposes, Task 5.1 is expected to be performed from December 1, 2017 through January 31, 2019; however, that timeframe may be modified by CITY as project needs require. DocuSign Envelope ID: 1C4936C5-9189-48A7-A845-C6273D5C72AF 6 Revision July 20, 2016 REVISED EXHIBIT “C” COMPENSATION AMENDMENT NO. 1 CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. DESCRIPTION NOT-TO-EXCEED AMOUNT BASIC SERVICES Year 1 Year 2 Year 3 Total Task 1.1: Project Management, Planning, and Coordination (Projects 1-9) $140,898 $140,898 $140,898 $422,694 Task 1.2: Project Management System (Projects 1-9) $175,000 $100,000 $100,000 $375,000 Task 2: Acquisition and management of project consultants (Projects 1-3) $144,975 $144,975 $144,975 $434,925 Task 3: Design/Document reviews (Projects 1-3) $206,762 $206,762 $206,762 $620,286 Task 4: Pre-Construction services (Projects 1-3) $283,650 $283,650 $283,650 $850,950 Task 5.1: Construction Management services for Fire Station 3 Replacement $0 $326,604 $0 $326,604 Task 6: Budget and schedule management (Projects 1-9) $63,985 $63,985 $63,985 $191,955 Task 7.1: On-call services for Transportation Projects $333,400 $253,400 $0 $586,800 Task 7.2: On-call services (allowance) $100,000 $100,000 $100,000 $300,000 TOTAL BASIC SERVICES $1,448,670 $1,620,274 $1,040,270 $4,109,214 DocuSign Envelope ID: 1C4936C5-9189-48A7-A845-C6273D5C72AF 7 Revision July 20, 2016 REIMBURSABLE EXPENSES $12,000 $12,000 $12,000 $36,000 TOTAL BASIC SERVICES AND REIMBURSABLES $1,460,670 $1,632,274 $1,052,270 $4,145,214 ADDITIONAL SERVICES – 10% OF ABOVE $146,067 $163,227 $105,227 $414,521 TOTAL NOT-TO-EXCEED AMOUNT $1,606,737 $1,795,501 $1,157,497 $4,559,735 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $1,000 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: 1C4936C5-9189-48A7-A845-C6273D5C72AF Page 1 of 1 Bid Results for Project Fire Station No. 3 Replacement Project (IFB170040) Issued on 09/21/2017 Bid Due on October 19, 2017 3:00 PM (Pacific) Item Description Unit of Measure Strawn Construction Inc D L Falk Construction Vila Construction Co. Gonsalves and Stronck Construction Company Inc 1 Fire Station No.3 per Plans and Specifications Lump Sum $5,844,000 $6,219,000 $7,227,558 $8,600,000 2 Soil Testing and Disposal Allowance $50,000 $50,000 $50,000 $50,000 3 Signage allowance for future Building Signage Allowance $20,000 $20,000 $20,000 $20,000 4 Unforeseen Materials Remediation Allowance $10,000 $10,000 $10,000 $10,000 5 Unforeseen Underground Utility Conflicts Allowance $20,000 $20,000 $20,000 $20,000 BASIS OF AWARD:$5,944,000 $6,319,000 $7,327,558 $8,700,000 B: Additive Alternate Bid: 6 Reinforced Foundation for Public Art Lump Sum $0 $50,000 $25,000 $20,000 TOTAL WITH ADD ALTERNATE BID:$5,944,000 $6,369,000 $7,352,558 $8,720,000 A: Base Bid: Provide all labor, equipment material, transportation and applicable taxes, profit, insurance, bonds and other overhead to perform the Work in accordance with the Project Plans and Technical Specifications, herein: City of Palo Alto (ID # 8541) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/27/2017 City of Palo Alto Page 1 Summary Title: Heritage Tree Application Title: Adoption of a Resolution to Designate an Aleppo Pine at 1231 Parkinson Avenue as Heritage Tree Number 8 From: City Manager Lead Department: Public Works Recommended Motion Staff recommends that Council adopt a resolution (Attachment B) designating an Aleppo Pine located at 1231 Parkinson Avenue as a “heritage tree”at the request of the owner of the property (Attachment A). Background In 1996, Council enacted the Tree Preservation Ordinance, Chapter 8.10 of Palo Alto Municipal Code,to preserve and maintain specified native oaks, redwoods, and heritage trees on private property, and to protect them from disfigurement or removal, except in certain circumstances. Section 8.10.090 of the ordinance allows persons to nominate a tree on their property for heritage tree status. After Council approval of such designation, the tree is added to the heritage tree listing, which includes specific location, overall size, and canopy spread. The list is maintained by the Department of Public Works and available to the public on the City’s Urban Forestry website. Once designated, a heritage tree is protected by the provisions of the Tree Preservation and Management Regulations, unless removed from the heritage tree list by subsequent Council action at the request of the property owner. The property owner at 1231 Parkinson Avenue has applied to designate an Aleppo Pine as a heritage tree. City of Palo Alto Page 2 Discussion Staff has reviewed the application and fully discussed the benefits, restrictions and obligations for a tree on private property being designated as a heritage tree by Council. The owners, Mr. Cummins and Ms. Clark, are committed to:maintain the tree according to the standards of practice, care,and stewardship outlined in the Palo Alto Tree Technical Manual;disclose this obligation to future owners of the property;and allow the address and tree location to appear on City inventory lists, maps, web site and information. Staff has evaluated the tree and supports the heritage tree designation. The tree is of sound health and structure, is a significant contributor to the landscape scheme of the property, and provides superior curb appeal to the neighborhood and, with reasonable care, will live for many years to come. To be designated as a heritage tree, the tree must meet one or more of the PAMC Section 8.10.090 criteria listed below: 1.It is an outstanding specimen of a desirable species. 2.It is one of the largest and oldest in Palo Alto. 3.It possesses distinctive form, size, age and location. The Aleppo Pine meets the standard for heritage tree designation and satisfies all criteria as set forth above. Written request, consent and photographs from the owners have been received,along with a written analysis of the tree's specific location, size, dimensions, quality and economic value included in the arborist report prepared by consulting arborist, Katherine Naegele of Anderson’s Tree Care, (Attachment A). The tree is a desirable species, healthy and sizable, and is perhaps the best example of an Aleppo Pine in all of Palo Alto. Roughly 100 years old, the tree has been well maintained and has a favorable prognosis for the future and contributes approximately $30,000 to the property value. Resource Impact and Policy Implications There is no staff or funding resources required for this action, nor any policy changes required. Environmental Review Adopton of this resolution does not require enviornmental review. Attachments: ·Attachment A: 1231 Parkinson_HeritageTreeApp City of Palo Alto Page 3 ·Attachment B: Resolution Designating a Heritage Tree Attachment A 1231 Parkinson Avenue Palo Alto, CA 94301 Palo Alto City Council 250 Hamilton Avenue Palo Alto, CA 94301 August 18, 2017 Dear Council Members, We hereby request that subject tree be considered as a candidate for Heritage Tree status as outlined in CPA Municipal Code 8.10.090. The reason we feel it qualifies for such is the fact that only two other such Aleppo Pine of its size exists in Palo Alto today and one is designated as a Heritage Tree. The location of the other tree is at 2291 Ramona Street, and was designated as such in 2004 as Heritage Tree No. 7. In comparison, our Aleppo Pine is of larger size in all dimensions. As an aside, we mention that our tree is on a Canopy Community Center tree walk and as such we hear much appreciation for its magnificence. The occasional people walking by that we notice will stop and seem to be amazed at the grandeur of it. At Christmas, we place a large red bow around the trunk and place a spotlight on it. This tree, because of its size, shades our house in the summer and keep us at least 10 degrees cooler than the outside temperature. Our tree is also mentioned in the Encyclopedia of Stanford Trees, Shrubs & Vines - https:Utrees.stanford.edu/ENCYC/PINhalepen.htm Property Owners' Assurance To the City of Palo Alto of our indefinite commitment to maintain the Heritage Tree specimen according to the standard practice of care and stewardship. We hereby agree to disclose the same to any future owners of the property. We hereby grant consent to: include the address and tree location on any inventory list and map that may be utilized by persons interested in viewing the tree. We also wish to add the following: 1. I, Urban Cummings, have lived in this home for 45 years and have maintained subject tree by the standards of the best arborists (including McClenahan) in the area. I believe this beautiful tree adds status to our neighborhood. 2. I have unfailingly maintained this tree by having it pruned by the best arborists in the area. I have also added cabling per the arborists recommendations. 3. We are attempting to preserve its ground water supply by applying for the removal of a nearby oak tree which the arborist states is competing with the Pine for water. Urb""'a'n,....K"""."-c~u;;;;;.m_m_i_n-gs_&_C_h_r-is-ti-n-1-E-. C~l!_a /!k_dhvf tkJL 1231 Parkinson Avenue Palo Alto, CA 94301 650-388·6504 8/16/2017 Urban Cummings 123 1 Parkinson A venue Palo Alto, 94301 (650) 388-6584 furryfeet@mindspring.com CONl"ID!:NCE Re: Heritage Tree Designation for Aleppo Pine at 1231 Parkinson A venue Dear Urban, At your request, I have visited the property referenced above to evaluate the Aleppo pine (Pinus halepensis) for designation as a City of Palo Alto Heritage Tree. This report details its condition as related to suitability for Heritage status. Location This tree is located in the front yard at 1231 Parkinson A venue, overhanging the yard, house, neighboring properties to the east and west, and adjacent portion of the street (Image 1). Species, Habitat, Size, and Age A suggested by its name, Aleppo pine (Pinus halepensis) is native to the Mediterranean region. Like most Mediterranean plants, it thrives in the California Bay Area with little care, but is not classified as invasive (California Invasive Plant Council, 2017). The DBH (diameter at breast height) of the subject tree is 47.7 inches. Its height is approximately 100 feet, and its crown spread is approximately 90 feet (estimated visually). This is unusually large for an Aleppo pine, as the species generally reaches only about 60 feet in height and 40 feet in spread (SelecTree, 2017). Prepared by Katherine Naegele for Urban Cummings Page 1 Given this tree's size, it may predate the existing house by several decades. I estimate very roughly that this tree may be 100 years old. No increment core was taken to determine age. Aleppo pine can be quite a long-lived species, reaching over 150 years old in favorable growing conditions (SelecTree, 2017). I expect the subject tree to continue thriving for at least several more decades in the absence of major site disturbance. Health and Structure This tree is in good health, evidenced by bright green foliage in all parts of the canopy. A small amount of deadwood is present, mainly on branches which receive little to no sunlight. This is normal for all tree species, and usually does not indicate a problem. One small black bleeding canker is present on the trunk, under the lowest limb (Image 2). This may indicate infection by a phytophthora pathogen (Phytophthora sp.), which may or may not prove problematic over time. The bark in this area was sound and undamaged at the time of my inspection. No other signs of decay were observed in the trunk. This tree has three codominant leaders and one large low branch, all of which were cabled together in the past (Image 3). The cables are installed improperly, with multiple cables attached to the same point on the most central leader. The cables likely have little impact on tree stability. I observed no decay or previous limb failures in the canopy. While there is a small amount of included bark in the codominant unions, no bulging, bleeding, or other signs of weakness are apparent (Image 4). The diameter of the low limb is over half the diameter of the trunk at the attachment point; however, the branch collar appears well-formed and structurally sound (Image 5). Based on its current condition, I do not expect this tree to die or undergo a substantial failure (breakage of a limb or leader) in the near future. Its condition may change over time, and this portion of my evaluation is valid for only three years. Growing Conditions The landscaping around this tree's trunk comprises one coast live oak (Quercus agrifolia), several Italian cypresses (Cupressus sempervirens), low shrubs, and bark chips (Images 6, 7). Optimal growing conditions for coast live oaks and Italian cypresses are similar to those for Aleppo pine. I could not identify all shrubs present, but none appeared to be high-water use species, suggesting compatibility with Aleppo pine. Much of this tree's root zone is paved, including the walkway at this address; the neighboring driveway to the east; the public sidewalk and planter strip; and the public street. I did not observe root conflicts with any of these paved areas. The house at this address also occupies part of the tree's root zone, as do the neighboring house to the east, and both neighboring front yards. Prepared by Katherine Naegele for Urban Cummings Page2 Existing Heritage Aleppo Pine A different Aleppo pine at 2291 Ramona Street was designated as Heritage Tree #7 in 2004. The arborist report submitted with the application, prepared by McClenahan Consulting on 2/5/2004, lists the tree as having a DBH (DSH) of 34.8 inches; a height of 55 feet; and a canopy spread of 60 feet. The subject tree at 1231 Parkinson is far larger in all dimensions. Maintenance, Past and Future This tree appears to have been maintained appropriately up to this point. Like most trees, this one would have benefited from more aggressive structural pruning in its very early years to establish ideal branching architecture; however, it has been pruned well in its maturity, with no signs of topping, heading cuts, lion's tailing (removal of interior branches), or removal of excessively large branches. Appraisal This Aleppo pine has a value of$29,700 according to the appraisal I conducted using the methodology detailed in the Guide for Plant Appraisal (Gooding et al., 2000). This appraisal method takes into account tree size, species, location, health, structure, and other factors. Details of my appraisal can be provided upon request. Bibliography SelecTree. "Pinus halepensis Tree Record." http://selectree.calpoly.edu/tree-detail/pinus- halepensis Accessed Aug 14, 2017. California Invasive Plant Council. "California Invasive Plant Inventory Database." http://cal- ipc.org/paf/ Accessed Aug 15, 2017. Council of Tree & Landscape Appraisers. Guide for Plant Appraisal. 9th ed. Champagne, IL: International Society of Arboriculture; 2000. The Western Chapter of the International Society of Arboriculture. Species Classification and Group Assignment: "A Regional Supplement to the CTLA Guide/or Plant Appraisal, 91" Edition." International Society of Arboriculture; 2004. Prepared by Katherine Naegele for Urban Cummings Page 3 Image 1: Aleppo pine at 1231 Parkinson Avenue (obstructed, best angle possible) Prepared by Katherine Naegele for Urban Cummings Page4 Image 2: black bleeding canker on trunk, under lowest limb Prepared by Katherine Naegele for Urban Cummings Page 5 Image 3: cables in canopy Prepared by Katherine Naegele for Urban Cummings Page6 Image 4: codominant unions Prepared by Katherine Naegele for Urban Cummings Page 7 Image 5: large, low limb Prepared by Katherine Naegele for Urban Cummings Page 8 Image 6: coast live oak and shrubs under canopy of Aleppo pine Prepared by Katherine Naegele for Urban Cummings Page9 Image 7: Italian cypresses under canopy of Aleppo pine Prepared by Katherine Naegele for Urban Cummings Page 10 Site Map Prepared by Katherine Naegele for Urban Cummings Page 11 ASSUMPTIONS AND LIMITING CONDITIONS 1. Any legal description provided to the consultant/appraiser is assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised or evaluated as though free and clear, under responsible ownership and competent management. 2. It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or other government regulations. 3. Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the consultant/appraiser can neither guarantee nor be responsible for the accuracy of information provided by others. 4. The consultant/appraiser shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. 5. Loss, alteration, or reproduction of any part of this report invalidates the entire report. 6. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of the consultant/appraiser. 7. Neither all nor any part of this report, nor any copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales or other media, without the prior expressed written or verbal consent of the consultant/appraiser particularly as to value conclusions, identity of the consultant/appraiser, or any reference to any professional society or initialed designation conferred upon the consultant/appraiser as stated in his qualification. 8. This report and the values expressed herein represent the opinion of the consult/appraiser, and the consult/appraiser's fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence of a subsequent event, nor upon any finding to be reported. 9. Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys. 10. Unless expressed otherwise: 1) information in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and 2) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the plants or property in question may not arise in future. Prepared by Katherine Naegele for Urban Cummings Page 12 Respectfully submitted, Katherine Naegele Consulting Arborist Anderson's Tree Care Specialists, Inc. A TCIA Accredited Company Master of Forestry, UC Berkeley ISA Certified Arborist #WE-9658A ISA Tree Risk Assessment Qualified American Society of Consulting Arborists, Member Office: 408 226-8733 Cell: 408 590-5976 www.andersonstreecare.com --~Oa'n.eo.,. .. are Specialists. lac. Prepared by Katherine Naegele for Urban Cummings Page 13 Attachment B Not Yet Approved 140527 Resolution No.____ Resolution of the Council of the City of Palo Alto Designating a Heritage Tree at 1231 Parkinson Avenue R E C I T A L S A.Pursuant to Palo Alto Municipal Code section 8.10.090, upon nomination by any person and with the written consent of the property owner(s), the City Council may designate a tree as a heritage tree. B.A tree may be designated as a heritage tree upon a finding that it is unique and of importance to the community because it is an outstanding specimen of a desirable species or it is one of the largest and oldest trees in Palo Alto or it possesses distinctive form, size, age, location, and/or historic significance. C.Urban Cummins and Christine Clark the owners of 1231 Parkinson Avenue have requested the Aleppo pine on their property be designated as a heritage tree. D.The City Council finds that the tree is unique and of importance to the community because it is a desirable species, healthy, sizable, and perhaps the best example of an Aleppo Pine in the City. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The Aleppo Pine tree located at 1231 Parkinson Avenue is designated as a heritage tree. SECTION 2. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: _______________________________________________________ City Clerk Mayor Attachment B Not Yet Approved 140527 APPROVED AS TO FORM:APPROVED: _______________________________________________________ Assistant City Attorney City Manager CITY OF PALO ALTO OFFICE OF THE CITY CLERK November 27, 2017 The Honorable City Council Palo Alto, California SECOND READING: Adoption of an Ordinance Establishing Speed Limits for Certain Streets Pursuant to the California Vehicle Code and Amending Palo Alto Municipal Code Chapter 10.56 (Special Speed Zones) to Establish Such Speed Limits, Including Increased Speed Limits of 40 MPH on two Roadway Segments and Reduced Speed Limits of 20 MPH Within School Zones During School Hours When Children are Present (FIRST READING: November 7, 2017 PASSED: 8-0 DuBois absent) This Ordinance is before you for second reading. It was first heard on November 3, 2017 and passed 8-0 with Council Member Dubois absent. MOTION: Vice Mayor Kniss moved, seconded by Mayor Scharff to: A. Adopt an Ordinance increasing the Posted Speed Limit from 35 miles per hour to 40 miles per hour on Deer Creek Road between western city limits and Arastradero Road and on East Bayshore Road between the Embarcadero Road Bicycle and Pedestrian Overcrossing and Adobe Creek to enable enforcement by radar pursuant to the California Vehicle Code; reducing the Posted Speed Limit within school zones, consistent with State law; and amending Palo Alto Municipal Code Chapter 10.56 including changes presented in the Staff Memorandum and detailed by Staff; and B. Adopt a Resolution establishing Target Speeds for certain Arterials and Residential Arterials where the Operating Speed has been found to exceed the Posted Speed Limit in order to reduce the Operating Speed through roadway design; and C. Find the requested actions exempt from review under the California Environmental Quality Act (CEQA) as a minor alteration to existing facilities (Guidelines Section 15301, Class One, Existing Facilities); and D. Direct Staff to return with an Ordinance addressing Posted Speed Limits near private schools. MOTION AS AMENDED PASSED: 8-0 DuBois absent ATTACHMENTS: Attachment A: Draft Ordinance Establishing Speed Limit Certain Streets (DOCX) Page 2 Department Head: Beth Minor, City Clerk Page 3 Not Yet Approved 170814 EP/Planning ORD Establishing Speed Limits for Certain Streets Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Establishing Speed Limits for Certain Streets Pursuant to the California Vehicle Code and Amending Palo Alto Municipal Code Chapter 10.56 (Special Speed Zones) to Establish Such Speed Limits, Including Increased Speed Limits of 40 MPH on Two Roadway Segments and Reduced Speed Limits of 20 MPH Within School Zones During School Hours When Children Are Present The City Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Recitals. The Council of the City of Palo Alto finds and declares as follows: A. California Vehicle Code section 22357 provides that whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate. B. California Vehicle Code section 22358.3 provides that whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour in a business or residence district or in a public park on any street having a roadway not exceeding 25 feet in width, other than a state highway, is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is found most appropriate. C. California Vehicle Code section 22358.4 provides that a local authority may, by ordinance or resolution, determine and declare prima facie speed limits of 15 miles per hour, in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. Not Yet Approved 170814 EP/Planning ORD Establishing Speed Limits for Certain Streets D. The declared prima facie limit shall only be effective when appropriate signs giving notice thereof are erected upon the street and the limits shall not be revised except upon the basis of an engineering and traffic study. E. An engineering and traffic study survey was conducted for the City by Stantec Consulting Services Inc. in 2016. F. The City Council desires to establish an increased speed of 40 mph for two roadway segments – East Bayshore from Embarcadero Road Bicycle and Pedestrian Overcrossing to Adobe Creek, and Deer Creek Road from Page Mill Road to Arastradero Road -- to allow for radar enforcement of speed limits consistent with the 2016 survey. G. In 2008, California Assembly Bill (AB) 321 went into effect which allows local jurisdictions, by adoption of an ordinance or resolution, to extend the 25 mph prima facie speed limit in school zones from 500 feet to 1,000 feet from the school grounds and to reduce the speed limit to 15 or 20 mph up to 500 feet from the school grounds, under certain conditions. H. The City Council desires to establish a reduced speed limit of 20 mph within 500 feet of public schools within the City during school hours when children are present, as allowed by law. I. The City Council has determined and declares that on the basis of the California Vehicle Code and the relevant engineering and traffic survey(s) that the speed limits set forth herein are the most reasonable, safe and appropriate to facilitate the orderly movement of traffic on the applicable portions of such streets within the City. SECTION 2: Section 10.56.010 (State twenty-five miles per hour prima facie speed limit justified) is hereby amended as follows: 10.56.010 Twenty-five (25) miles per hour prima facie speed limit justified It is determined that the state twenty-five miles per hour prima facie speed limit for business or residence districts is justified, as required by state law, with respect to the following streets or portions of streets by engineering and traffic surveys conducted by the city and completed on the dates shown below: Street or Portion Thereof Affected Engineering and Traffic Survey Completion Date Churchill Avenue from Embarcadero Road to El Camino Real March 21, 1994 Colorado Avenue from Middlefield Road to Louis Road September 26, 1995 University Avenue from Middlefield Road to easterly city limit September 26, 1995 Embarcadero Road from Alma Street Underpass to El Camino Real September 26, 1995 Welch Road from Quarry Road to Pasteur Drive September 26, 1995 Not Yet Approved 170814 EP/Planning ORD Establishing Speed Limits for Certain Streets Road Segment Name Survey Completion Date Alma St from El Camino Real to University Ave June 2014 Amaranta Ave from Los Robles Ave to Maybell Ave November 2017 Arboretum Rd from Sand Hill Rd to Quarry Rd November 2017 Birch St from California Ave to Page Mill Exp November 2017 California Ave from Park Blvd to El Camino Real November 2017 California Ave from El Camino Real to Hanover St November 2017 Charleston Rd from Fabian Way to South City Limit June 2014 Channing Ave from W Bayshore Rd to Newell Rd November 2017 Channing Ave from Newell Rd to Guinda Ave November 2017 Channing Ave from Guinda Ave to Alma St November 2017 Charleston Rd from Alma St to Middlefield Rd November 2017 Churchill Ave from Embarcadero Rd to Alma St November 2017 Churchill Ave from Alma St to El Camino Real November 2017 Colorado Ave from W Bayshore Rd to Middlefield Rd November 2017 E Meadow Dr from W Bayshore Rd to Louis Rd November 2017 E Meadow Dr from Louis Rd to Alma St November 2017 El Camino Way from Los Robles Ave to Maybell Ave November 2017 Embarcadero Rd from El Camino Real to Alma St June 2014 Guinda Ave from Lytton Ave to Channing Ave November 2017 Hamilton Ave from Middlefield Rd to Alma St November 2017 High St from Lytton Ave to Channing Ave November 2017 Homer Ave from Guinda Ave to Alma St November 2017 Laguna Ave from Matadero Ave to Los Robles Ave November 2017 Lambert Ave from Park Blvd to El Camino Real November 2017 Loma Verde Ave from W Bayshore Rd to Middlefield Rd November 2017 Loma Verde Ave from Middlefield Rd to Alma St November 2017 Los Robles Ave from Laguna Ave to El Camino Real November 2017 Louis Rd from Embarcadero Rd to Oregon Exp November 2017 Louis Rd from Oregon Exp to Loma Verde Rd November 2017 Louis Rd from Loma Verde Rd to Charleston Rd November 2017 Lytton Ave from Alma St to Middlefield Rd November 2017 Matadero Ave from El Camino Real to Laguna Ave November 2017 Middlefield Rd from University Ave to Embarcadero Rd June 2014 Middlefield Rd from Embarcadero Rd to Oregon Exp November 2017 Newell Rd from East City Limit to Channing Ave November 2017 Newell Rd from Channing Ave to Embarcadero Rd November 2017 N California Ave from Embarcadero Rd to Middlefield Rd November 2017 Not Yet Approved 170814 EP/Planning ORD Establishing Speed Limits for Certain Streets N California Ave from Middlefield Rd to Alma St November 2017 Park Blvd from California Ave to Lambert Ave November 2017 Peter Coutts Rd from Stanford Ave to Page Mill Rd November 2017 Porter Dr from Hillview Ave to Page Mill Rd November 2017 Quarry Rd from El Camino Real to Campus Dr November 2017 Stanford Ave from El Camino Real to Peter Coutts Rd November 2017 Stanford Ave from Peter Coutts Rd to Junipero Serra Blvd November 2017 University Ave from Middlefield Rd to Alma St November 2017 Waverley St from Lytton Ave to Channing Ave November 2017 Waverley St from Channing Ave to Embarcadero Rd November 2017 W Meadow Dr from Alma St to El Camino Way November 2017 SECTION 3: Section 10.56.015 (State speed limit decreased (thirty miles per hour)) is hereby amended as follows: 10.56.015 Thirty (30) miles per hour prima facie speed limit It is determined and justified upon the basis of engineering and traffic surveys, conducted by the city, as required by state law and completed on the date shown in this section, that the maximum speed limit applicable under state law is more than is reasonable or safe upon the following streets or portions of streets, and that the following speed limits which facilitate the orderly movement of vehicular traffic and are reasonable and safe, and it is declared that the prima facie speed shall be as set forth in this section, except for school zones, on those streets or parts of streets designated in this section when signs are erected giving notice thereof: that a speed greater than the twenty-five (25) miles per hour prima facie speed limit set forth in Section 22352 of the Vehicle Code of the state, would facilitate the orderly movement of vehicular traffic and would be reasonable and safe under the conditions found to exist upon the streets, or portions thereof, set forth in this section, and it is hereby declared that thirty (30) miles per hour shall be the prima facie speed limit upon these streets, or portions thereof, except for school zones, as shown below: 30 MPH DECLARED PRIMA FACIE SPEED LIMIT Road Segment Name Survey Completion Date Street or Portion Thereof Affected Engineering and Traffic Survey Completion Date Fabian Way from East Charleston Road to West Bayshore Frontage Road September 26, 1995 Hanover Street from Page Mill Expressway to Hillview Avenue September 26, 1995 Hillview Avenue from Hanover Street to Foothill Expressway September 26, 1995 Hansen Way from El Camino Real to Page Mill Expressway September 26, 1995 Not Yet Approved 170814 EP/Planning ORD Establishing Speed Limits for Certain Streets Fabian Way from Charleston Rd to W Bayshore Rd June 2014 Hansen Way from El Camino Real to Page Mill Exp November 2017 Hanover St from Page Mill Rd to Hillview Ave June 2014 Hillview Ave from Hanover St to Foothill Exp June 2014 Sand Hill Rd from El Camino Real to Arboretum November 2017 W Bayshore Rd from Oregon Exp to Colorado Ave November 2017 SECTION 4: Section 10.56.020 (State speed limit decreased (thirty-five miles per hour)) is hereby amended by deleting its text and title in entirety and replacing the deleted text with theas followingfollows: Section 10.56.020 Thirty-five (35) miles per hour prima facie speed limit It is determined and justified upon the basis of engineering and traffic surveys, conducted by the city, as required by state law, and completed on the dates shown below, that the maximum speed limit applicable under state law is more than is reasonable or safe upon the following streets or portions of streets, and that the following speed limits would facilitate the orderly movement of vehicular traffic and are reasonable and safe, and it is declared that the prima facie speed limit shall be as set forth in these sections, except for school zones, on those streets or parts of streets designated in this section when signs are erected giving notice thereof: that a speed greater than the twenty-five (25) miles per hour prima facie speed limit set forth in Section 22352 of the Vehicle Code of the state, would facilitate the orderly movement of vehicular traffic and would be reasonable and safe under the conditions found to exist upon the streets, or portions thereof, set forth in this section, and it is hereby declared that thirty-five (35) miles per hour shall be the prima facie speed limit upon these streets, or portions thereof, except for school zones, as shown below: 35 MPH DECLARED PRIMA FACIE SPEED LIMIT Street or Portion Thereof Affected Engineering and Traffic Survey Completion Date Arastradero Road from Foothill Expressway to city limit west of Deer Creek Road March 21, 1994 Oregon Expressway from Middlefield Road to Alma Street March 21, 1994 Oregon Expressway from Middlefield Road to U.S. 101 September 26, 1995 Sand Hill Road from Arboretum Street to Pasteur Drive September 26, 1995 Sand Hill Road from Pasteur Drive to westerly city limit September 26, 1995 Page Mill Expressway from Hanover Street to Foothill Expressway September 26, 1995 Hillview Avenue from Foothill Expressway to Arastradero Road September 26, 1995 Road Segment Name Survey Completion Date Alma St from Lincoln Ave to Oregon Expy November 2017 Alma St from Oregon Exp to E Meadow Dr November 2017 Alma St from E Meadow Dr to South City Limit November 2017 Arastradero Rd from Purissima Rd to Deer Creek Rd November 2017 Not Yet Approved 170814 EP/Planning ORD Establishing Speed Limits for Certain Streets Arastradero Rd from Deer Creek Rd to Foothill Exp November 2017 Hillview Ave from Foothill Exp to Arastradero Rd November 2017 Oregon Exp from Middlefield Rd to Highway 101 June 2014 Oregon Exp from Middlefield Rd to Alma St November 2017 Page Mill Rd from El Camino Real to Hanover St June 2014 Page Mill Rd from Hanover St to Foothill Exp June 2014 Sand Hill Rd from Arboretum to West City limit November 2017 San Antonio Rd from Alma St Overpass to Middlefield Rd June 2014 San Antonio Rd from Middlefield Rd to Charleston Rd June 2014 San Antonio Rd from Charleston Rd to East City Limit June 2014 W Bayshore Rd from Oregon Exp to Loma Verde Ave November 2017 W Bayshore Rd from Loma Verde to Fabian Way June 2014 SECTION 5: Section 10.56.025 (State speed limit increased (thirty miles per hour)) is hereby amended as follows: Section 10.56.025 Forty (40) miles per hour prima facie speed limit It is determined and justified upon the basis of engineering and traffic surveys, conducted by the city, as required by state law, and completed on the dates shown below, that a speed greater than that provided by state law would facilitate the orderly movement of traffic and would be reasonable and safe upon the following streets or portions of streets, and it is declared that the prima facie speed limit shall be as set forth in this section except for school zones, on the streets or parts of streets designated in this section when signs are erected giving notice thereof: that a speed greater than the twenty-five (25) miles per hour prima facie speed limit set forth in Section 22352 of the Vehicle Code of the state, would facilitate the orderly movement of vehicular traffic and would be reasonable and safe under the conditions found to exist upon the streets, or portions thereof, set forth in this section, and it is hereby declared that forty (40) miles per hour shall be the prima facie speed limit upon these streets, or portions thereof, except for school zones, as shown below: 30 MPH DECLARED PRIMA FACIE SPEED LIMIT Street or Portion Thereof Affected Engineering and Traffic Survey Completion Date West Bayshore Frontage Road from Oregon Expressway to Amarillo Avenue September 26, 1995 Road Segment Name Survey Completion Date E Bayshore from Embarcadero Road Bicycle and Pedestrian Overcrossing to Adobe Creek November 2017 Deer Creek Rd from western City limits to Arastradero Rd November 2017 SECTION 6: Section 10.56.30 (State speed limit increased (thirty-five miles per hour)) is hereby amended as follows: Not Yet Approved 170814 EP/Planning ORD Establishing Speed Limits for Certain Streets Section 10.56.30 Forty-five (45) miles per hour prima facie speed limit It is determined and justified upon the basis of engineering and traffic surveys, conducted by the city, as required by state law, and completed on the dates shown below, that a speed greater than that provided by state law would facilitate the orderly movement of traffic and would be reasonable and safe upon the following streets or portions of streets, and it is declared that the prima facie speed limit shall be as set forth in this section, except for school zones, on the streets or parts of streets designated in this section when signs are erected giving notice thereof: that a speed greater than the twenty-five (25) miles per hour prima facie speed limit set forth in Section 22352 of the Vehicle Code of the state, would facilitate the orderly movement of vehicular traffic and would be reasonable and safe under the conditions found to exist upon the streets, or portions thereof, set forth in this section, and it is hereby declared that forty-five (45) miles per hour shall be the prima facie speed limit upon these streets, or portions thereof, except for school zones, as shown below: 35 MPH DECLARED PRIMA FACIE SPEED LIMIT Street or Portion Thereof Affected Engineering and Traffic Survey Completion Date East Bayshore Road from Embarcadero Road to northerly city limit March 21, 1994 Page Mill Expressway from Alma Street to Hanover Road March 21, 1994 San Antonio Road from East Bayshore Road to Alma Street March 21, 1994 Alma Street from Embarcadero Road to Oregon Expressway September 26, 1995 Alma Street from Oregon Expressway to Meadow Drive September 26, 1995 Alma Street from Meadow Drive to San Antonio Road September 26, 1995 Road Segment Name Survey Completion Date Foothill Expressway from Page Mill Rd to South City Limit November 2017 SECTION 7: New Section 10.56.35 (Twenty (20) miles per hour School Zones Speed Limit) is added as follows: Section 10.56.35 Twenty (20) miles per hour School Zones Speed Limit It is determined and justified pursuant to California Vehicle Code Section 22358.4(b)(1) that twenty (20) miles per hour shall be the prima facie speed limit on the road segments shown below at a distance within 500 feet from or of the school grounds while children are going to or leaving the school, either during school hours or during the noon recess period. School name Road Segment Name 1 Addison Elementary School Middlefield Rd Webster St Not Yet Approved 170814 EP/Planning ORD Establishing Speed Limits for Certain Streets Addison Ave Lincoln Ave 2 Palo Alto High School Churchill Ave Embarcadero Rd 3 Walter Hays Elementary School Embarcadero Rd Middlefield Rd 4 Duveneck Elementary School Channing Ave Alester Ave 5 Jordan Middle School California Ave Middlefield Rd 6 Ohlone Elementary School Amarillo Ave 7 El Carmelo Elementary School El Carmelo Ave Loma Verde Ave Bryant St Ramona St 8 Palo Verde Elementary School Louis Rd Rorke Way 9 Fairmeadow Elementary School East Meadow Dr 10 JLS Middle School East Meadow Dr 11 Herbert Elementary School Charleston Rd 12 Barron Park Elementary School Barron Ave 13 Juana Briones Elementary School Maybell Dr Gerogia Ave Orme St 14 Terman Elementary School Terman Ave Arastradero Rd 15 Gunn High School Arastradero Rd 16 Escondido Elementary School Stanford Ave Not Yet Approved 170814 EP/Planning ORD Establishing Speed Limits for Certain Streets SECTION 8. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are hereby declared to be severable. SECTION 9. CEQA. The City Council finds and determines that this Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) because it has no potential for resulting in physical change in the environment, either directly or ultimately. SECTION 10. Effective Date. This ordinance shall be effective upon the thirty- first date after its passage and adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: ______________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: ____________________________ City Manager ______________________________ Assistant City Attorney ____________________________ Director of Planning and Community Environment City of Palo Alto (ID # 8260) City Council Staff Report Report Type: Action Items Meeting Date: 11/27/2017 City of Palo Alto Page 1 Summary Title: Highway 101 Pedestrian/Bicycle Overpass and Adobe Creek Reach Trail Title: PUBLIC HEARING / QUASI-JUDICIAL. Highway 101 Pedestrian/Bicycle Overpass and Adobe Creek Reach Trail Project [17PLN-00212]: Adoption of a Resolution Adopting the Mitigated Negative Declaration, Including the Mitigation, Monitoring and Reporting Program; Adoption of a Park Improvement Ordinance; and Approval of a Record of Land Use Action to Allow Construction of a Multi-use Pedestrian and Bicycle Overpass Structure Over Highway 101 Near San Antonio Road, Construction of the Adobe Creek Bridge and Adobe Creek Reach Trail, and Reconfiguration of the Adjacent Parking Lot at 3600 West Bayshore Road. Environmental Assessment: An Initial Study/Mitigated Negative Declaration (IS/MND) was Circulated for Public Comment On September 1, 2017 and Ended on October 2, 2017. A Final IS/MND is Available for Review. (This item was previously noticed for the November 13, 2017 Council Meeting) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council take the following actions regarding the Highway 101 Pedestrian/Bicycle Overpass Capital Improvement Project (CIP; PE-11011): 1. Adopt the Resolution Adopting the Draft Mitigated Negative Declaration (Attachment B) including the Mitigation Monitoring and Reporting Plan (in Attachment C); 2. Approve the Record of Land Use Action in Attachment C approving the proposed Site and Design application based on the findings and subject to conditions of approval; and 3. Adopt the proposed Park Improvement Ordinance (PIO) in Attachment D for the design of the Highway 101 Pedestrian/Bicycle Overpass Capital Improvement Project (CIP; PE- 11011) Executive Summary City of Palo Alto Page 2 The City has been pursuing construction of a pedestrian/bicycle overpass over Highway 101 for some time and the requested action would approve the design and allow the Department of Public Works to proceed with final engineering and bidding of the construction contract. The Planning and Transportation Commission (PTC) reviewed the Site and Design application on September 13, 2017 and recommended approval of the proposed project to Council based on the findings included in the Record of land Use Action in Attachment C. The Architectural Review Board (ARB) reviewed the project on October 19, 2017 and recommended approval of the proposed project to Council based on the Architectural review findings included in Attachment C. The Parks and Recreation Commission (PRC) reviewed the project on September 26, 2017 and recommended adoption of the Park Improvement Ordinance included in Attachment D. The proposed overcrossing would replace the existing seasonal Benjamin Lefkowitz Highway 101 underpass with year-round connectivity between residential and commercial properties west of Highway 101 and the Palo Alto Baylands Nature Preserve, East Bayshore Business Park, and the regional Bay Trail network of multi-use trails east of Highway 101. There are five distinct sections of the overcrossing and trail that are discussed in more detail in the project description in Attachment I. These are referred to as the Principal Span Structure, the West Approach Structure, the East Approach Structure, the Adobe Creek Bridge, and the Adobe Creek Reach Trail. The project also includes site amenities, signage, landscaping, and lighting improvements and the minor reconfiguration of Google’s private parking lot at 3600 West Bayshore Road to accommodate the West Approach Structure. A map showing the location of the proposed project is included in Attachment A. The project plans are provided in Attachment J. Background Council previously approved the bridge, alignment, height, width, and structure type as well as the budget for the bridge. Council’s approved budget is outlined in detail later in this report. Prior Council actions are detailed on the following project website: www.cityofpaloalto.org/101 The Planning and Transportation Commission recommended approval of the project based on the Site and Design findings on September 13, 2017. A copy of the transcript from that hearing is included in Attachment E. The Architectural Review Board recommended approval of the project on October 19, 2017. A copy of the transcript from that hearing is included in Attachment F. The overcrossing connects existing roadways and trails to adjacent commercial and residential City of Palo Alto Page 3 areas. West Bayshore Road includes several commercial centers along the road frontage and there are many newer multi-family housing units as well as single family residences in the Palo Verde and Adobe Meadow/Meadowview Park neighborhoods adjacent West Bayshore Road. The purpose of the project includes reducing single-occupancy vehicle trips by encouraging walking and biking to the Baylands area, improving safety for bikers along East Bayshore Road, and providing a year-round connection to the regional trails in the Baylands for bikers commuting to/from nearby cities. A portion of the project is located within the area identified in the Baylands Master Plan. The project is not within the Airport Influence Area, as identified in the Airport Land Use Plan. The project includes five sections of the overcrossing/trail, which are described in detail in the project description, included in Attachment I. As shown in the plans, other amenities such as lighting, signage, benches, bike racks, trash receptacles, and drinking fountains are proposed as part of the project. The existing Google parking lot would be reconfigured to improve circulation and accommodate the new access ramp. The landscape area around the parking lot would be improved and would serve as a bio-retention area. Any trees removed would be replaced. No protected trees would be removed. Discussion To the extent the project is comprised of pedestrian and bicycle paths of travel, it is not subject to zoning and land use restrictions for any specific zone district or land use designation (similar to City streets and sidewalks). However, the project has been evaluated to ensure the design meets the intent and objectives of the Code and is consistent with the Comprehensive Plan, the Baylands Master Plan, the Bicycle and Pedestrian Transportation Plan, and other city policies. Consistency with the Comprehensive Plan, Area Plans and Guidelines1 The proposed project is consistent with the Comprehensive Plan, particularly goals, policies, and programs outlined in the Transportation Element, the Community Services Element, the Land Use and Design Element, and the Natural Environment Element, as outlined in the Record of Land Use Action in Attachment C. Overall, the Comprehensive Plan programs, goals, and policies support land use decisions and facilities that: promote pedestrian and bicycle use, support reductions in single-occupancy vehicle use, improve the Bay trail network, and that include responsible management of public open space areas to meet habitat protection goals and support public safety. The proposed project is consistent with these goals. Baylands Master Plan2 and Baylands Site Assessment and Design Guidelines3 1 The Palo Alto Comprehensive Plan is available online: http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp 2 Palo Alto Baylands Master Plan is available online: http://www.cityofpaloalto.org/civicax/filebank/documents/14882 City of Palo Alto Page 4 A portion of the proposed overcrossing is located within the Palo Alto Baylands Nature Preserve at the border of one of two areas identified as “The Natural Unit.” The project is consistent with several policies outlined in the Baylands Master Plan, as describe further under Architectural Review Finding 1 in the Record of Land Use Action in Attachment C. The project is consistent in that it expands opportunities for bicyclists and pedestrians to enjoy the Baylands, providing opportunities to safely access this area without the need to drive and park. The project is also consistent with the Site Assessment and Design Guidelines. The rustic design selected for the bridge is intended to integrate into the Baylands design theme, which focuses on low-profile features, natural colors, and low maintenance. The principal span trusses will be constructed using self-weathering steel, which results in a muted, natural coloring that is consistent with the general design principals. The bridge is designed to have as low of a profile as feasible while still meeting separation requirements between the City roads and Highway 101 below. Multi-Modal Access & Parking The project addresses two key Capital Improvement Projects identified in Table 7-1 of the Bicycle and Pedestrian Transportation Plan4 to improve across barrier connections and trails. As outlined in Attachment C, the project is also consistent with specific objectives identified in the Bicycle and Pedestrian Transportation Plan to reduce emissions and upgrade bicycle/pedestrian infrastructure. The project improves multi-modal transportation in all directions and serves a variety of users choosing forms of transportation other than single-occupancy vehicles for commuting, utilitarian, and recreational purposes. The proposed width of the Highway 101 overcrossing was designed in coordination with Council to provide sufficient maneuvering space for pedestrians and bicyclists while also attempting to slow bicyclists so as not to speed. Both wayfinding signage and signage identifying desired user behavior will be added for improved usability and to ensure user safety. Because the proposed project would reduce single-occupancy vehicle trips by providing a multi- use connection between commercial and residential areas and regional trail networks, no traffic study is required. In addition, because the project does not add new floor area or generate new vehicle trips, no new public parking is required or proposed as part of the project. Minimal short term traffic impacts associated with construction are assessed in the environmental analysis and were determined to be less than significant without the need for mitigation. Per the Transportation Division’s request, the driveway and parking stalls at the existing Google Parking lot at 3600 West Bayshore Road would be reconfigured to improve circulation, avoid conflicts with the east approach ramp overcrossing column supports, and to 3 Site Assessment and Design Guidelines, Palo Alto Baylands Nature Preserve http://www.cityofpaloalto.org/civicax/filebank/documents/13318 4 Palo Alto Bicycle and Pedestrian Transportation Plan is available online: http://www.cityofpaloalto.org/civicax/filebank/documents/31928 City of Palo Alto Page 5 accommodate the raised sidewalk and accessible landing of the ramp. There would be no net loss or increase of private parking stalls. The project also improves safety for bicyclists and pedestrians by providing an alternate connection between West Bayshore Road and East Meadow Drive via the new Adobe Creek Reach Trail. A new at grade crossing is proposed on East Meadow Drive for the safety of those entering and exiting the trail. The project includes a trailhead along West Bayshore Road that provides connections to both the new Adobe Creek Bridge and over Highway 101 and the bicycle path along West Bayshore Road. Because the project eliminates the need for routing pedestrians onto the existing sidewalk/bike lane along West Bayshore Road over Adobe Creek, a dedicated southbound bike lane for West Bayshore Road is included as part of the project. Right of Way & Air Rights Access The project will require right of way and air rights from a private property owner as well as a joint use agreement with Santa Clara County Water District. ARB Comments During the ARB hearing the ARB expressed their support for the project and changes that were made to address ideas/preferences conveyed in a preliminary study session in May 2017. One board member expressed that close attention should be paid to ensure that the final signage design fits into the Baylands theme in addition to meeting MUTCD standards, as applicable. One other board member noted that if a powder coating is applied, the City should consider a blue color and noted that the prefabricated main truss should be allowed to rust slightly prior to installation. Currently, the bridge would be designed using self-weathering steel and no powder coating is proposed. The board unanimously approved the project with all members present. PTC Comments During the hearing the PTC generally expressed their overall support for the project. One commissioner asked for staff to further explore the proposed signage for the project in order to provide clear wayfinding signage between larger tech campuses and residential uses. The City is still exploring final signage for the project in coordination with the Transportation Division and the Palo Alto Bicycle Advisory Committee. One commissioner also noted concerns about the intersection of the Adobe Creek Reach Trail and East Meadow Drive and asked that the raised crosswalk be offset from the path to make bicyclists more aware of the path’s intersection with the street. Based on recommendations from Transportation staff, instead of offsetting the crosswalk signage will be installed to make vehicles and bicyclists more aware in order to address this comment. One commissioner also noted concerns regarding value engineering for the project and hoped that the budget would not affect the currently proposed style and materials. The PTC approved the project with one member of the commission abstaining. City of Palo Alto Page 6 Public Comments Written comments received throughout the process are included in Attachment G. Oral comments received during several public hearings on the project asked for certain amenities or features to be incorporated, including bird friendly features for swallow nesting, a dog hydration station, and the overlook. These have been incorporated into the project. Some members of the public expressed concerns about whether the overlook should be included as part of the project. Based on Council direction and interest from the ARB, this was included so that users have a place to pause and rest if needed. Members of the public, commission, and ARB also requested that the new Adobe Creek Reach Trail be paved and be opened to the public as soon as possible to provide a safer route for bicyclists from West Bayshore Road to adjacent neighborhoods. The trail will be paved and would be opened to the public as soon as feasible. However, due to safety concerns, this trail would not be open to users during construction activities on the main span of the bridge. The majority of comments urged staff to finish the bridge as soon as possible and expressed that the final bridge design should be functional and cost effective. Policy Implications Please see the Discussion section above for information about consistency with the Comprehensive Plan and applicable guidelines. Article VIII of the Charter of the City of Palo Alto and Section 22.08.055 of the Palo Alto Municipal Code require that, before any substantial building, construction reconstruction or development is commenced or approved, upon or with respect to any land held by the City for park purposes, the Council shall first cause to be prepared and, by ordinance, approve and adopt a plan. The PRC reviewed designs for the Highway 101 bicycle overcrossing and Adobe Creek Reach trail at three meetings in March 2017, July 2017, and September 2017. The Commission unanimously recommended adoption of the Park Improvement ordinance, as included in Attachment D, on September 26, 2017. The project addresses two key Capital Improvement Projects identified as a priority projects in the City’s Bicycle and Pedestrian Transportation Plan (BPTP) to improve across barrier connections and trail connections in the City. It focuses on reducing single-occupancy vehicle trips and associated emissions, and providing improved connections between open space/recreational areas and nearby residential and commercial uses. The BPTP also includes objectives to double the rate of bicycling for both local and total work commutes by 2020 as well as to convert discretionary vehicle trips into walking and bicycling trips in order to reduce City of Palo Alto Page 7 City transportation-related greenhouse gas (GHG) emissions 15 percent by 2020. This project supports these objectives. Greenhouse Gas Emission Reductions The Bay Area 2017 Clean Air Plan (CAP) lays the groundwork for a long-term effort to reduce Bay Area greenhouse gas (GHG) emissions 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050. These goals are consistent with state mandates under legislation such as Assembly Bill 32 and Senate Bill 32 to reduce greenhouse gas emissions. The Council has also identified that the primary goal of the City of Palo Alto Sustainability and Climate Action Plan is to achieve an 80 percent reduction in GHGs below 1990 levels by 2030, which exceeds these state mandates. A key initiative in achieving these goals is reducing single-occupancy vehicle trips. Objectives, goals and policies outlined in the updated Comprehensive Plan encourage, in particular, reducing single-occupancy vehicle trips by investing in improvements to infrastructure for other modes of transportation. The Transportation Element in the newly adopted Comprehensive Plan identifies that a key to a sustantiable transportation system lies in providing more options and more convenience so that people will more readily choose not to drive. This new bridge provides year-round connectivity where Highway 101 creates a barrier between commercial, residential, and recreational uses. Providing this year-round across barrier connection provides a convenient alternative to single occupancy vehicle use in order to help achieve city, regional, and state goals for reducing greenhouse gas emissions. Resource Impact Funding for this project is included in Capital Improvement Program (CIP) project (PE-11011) - Highway 101 Pedestrian/Bicycle Overpass Project. The current project funding is as follows: Funding Source Funding Amount Santa Clara County Recreation Fund $4.0 million One Bay Area Grant (OBAG) Cycle 2* $4.35 million General Capital Improvement Fund $6.86 million Google Contribution** $1.0 million Total: $16.21 million *Approval of the OBAG Cycle 2 funds is anticipated in March 2018. **A contribution of $1 million from Google is planned to fund additional project contingency to offset any increases in project costs. These figures include approximately $2.4 million in funding for staff salaries and benefits. City of Palo Alto Page 8 Staff is evaluating the project cost for the Highway 101 Pedestrian/Bicycle Overpass project and the other eight projects included in the 2014 Council Infrastructure Plan. Construction costs in the region have continued to escalate significantly, and a recent cost estimate completed on the Highway 101 Pedestrian/Bicycle Overpass project plans indicated that the eventual project cost could be $2-3 million greater than the current project funding. As design work continues, staff will evaluate value engineering opportunities and other considerations to reduce and limit eventual construction costs. An update to the Council on the project costs and the strategies for providing the necessary funding to complete the Infrastructure Plan is planned for January 2018. Timeline Following Council adoption of the CEQA document, approval of the Site and Design application, and adoption of the Park Improvement Ordinance for the project, 65 percent design plans will be provided to Caltrans and the City would seek NEPA approval from Caltrans, the lead federal agency for the project. Staff anticipates bringing an amendment for Council approval to add final design and right of way services to the contract with Biggs Cardosa Associates in December 2017. Following access to grant funding, the project would complete design and bid documents in fall 2018. Construction is anticipated to begin in 2019 and end in Spring 2020. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, a Draft Mitigated Negative Declaration was circulated on September 1, 2017 and circulation ended on October 2, 2017. A link to the Final Mitigated Negative Declaration is included in Attachment H. The Final Mitigation Monitoring and Reporting Plan is included in the Record of Land Use Action (Attachment C). One comment was received during the review period from the Santa Clara Valley Water District. The comment indicated that the preliminary project plans seem to indicate that work may be conducted within the top of bank near the confluence of Barron and Adobe Creeks. The letter indicates other permits that may be required if work occurs within the creek. However; the letter notes that if work occurs outside of top of bank, no further discussion is required. The project plans currently propose that all work would occur outside of top of bank. Therefore, no changes are required to the Mitigated Negative Declaration to address this comment. Should this conclusion change as a result of final engineering design, changes to the project description and, as needed, to the environmental document, would be addressed at that time. Mitigation has been included, in particular, to reduce direct and indirect impacts on animal species within the Baylands and to address the discovery of any unanticipated cultural or tribal City of Palo Alto Page 9 resources that could be found during excavation or grading activities. With the incorporation of mitigation, all impacts have been reduced to a less than significant level. Attachments: Attachment A: Location Map (PDF) Attachment B: Resolution Adopting the Mitigated Negative Declaration (PDF) Attachment C: Record of Land Use Action (DOCX) Attachment D: Park Improvement Ordinance (PDF) Attachment E: PTC Hearing Minutes September 13, 2017 (DOCX) Attachment F: ARB Hearing Minutes October 19, 2017 (DOCX) Attachment G: Public Comments (PDF) Attachment H: Environmental Analysis (DOCX) Attachment I: Project Description (DOC) Attachment J: Project Plans (DOCX) 01 09-001 127-09-002 127-09-003 127-09-004 127-09-005 127-09-006 127-09-007 127-10-106 127-11-065 127-09-008 127-09-009 127-09-010 127-09-011 127-09-012 127-10-050 127-09-013 127-10-049 127-09-014 127-10-107 127-09-015 127-09-016 127-09-017 127-09-018 127-09-019 127-09-020 127-09-021 127-10-084 127-09-022 127-09-023 127-36-026 127-36-029 127-10-099 127-36-032 127-10-098 127-36-031 127-68-077 127-68-076 127-68-075 127-68-078 127-68-058 127-68-057 127-68-079 127-68-080 127-68-059 127-70-046 127-68-056 127-68-074 127-68-073127-68-072 127-68-071 127-70-047 127-70-072 127-68-060 127-70-026 127-68-055 127-70-073 127-70-074 127-70-075 127-68-061 127-70-048 127-70-027 127-68-054 127-70-076 127-70-039 127-70-040 127-68-062 127-70-041127-70-042 127-70-043 127-70-049 127-70-044 127-68-053 127-70-045 127-10-094 127-70-028 127-68-005 127-68-063 127-68-052 127-68-070 127-70-050 127-68-004 127-68-066 127-70-029 127-68-003 127-68-069127-68-068127-68-067 127-68-064 127-70-071 127-68-051 127-70-070 127-70-030 127-70-069 127-68-065 127-70-051 127-70-068 127-68-050 127-70-067 127-70-031 127-70-052 127-70-032 127-70-038 127-70-034 127-70-035 127-70-036 127-70-033 127-70-037 127-68-006 127-70-024 127-68-007 127-68-008 127-68-036 127-68-049 127-70-025 127-68-035 127-10-076 127-68-026 127-70-023 127-68-037 127-68-048 127-70-022 127-68-034 127-68-027 127-70-053 127-68-038 127-68-047 127-70-021 127-68-033 127-70-016 127-70-066 127-68-028 127-70-015 127-70-054 127-70-002 127-68-039 127-68-046 127-70-018 127-68-032 127-68-029 127-70-003 127-70-065 127-70-014 127-70-017 127-70-055 127-68-045 127-68-011 127-70-013 127-68-010 127-70-004 127-70-020 127-68-009 127-68-040 127-68-031 127-68-044 127-70-056 127-70-064 127-68-030 127-70-019 127-70-005 127-70-012 127-68-043 127-70-063 127-70-057 127-10-103 127-68-042 127-70-062 127-70-006 127-70-011 127-70-058 127-70-061 127-70-009 127-70-059 127-70-010 127-12-023 127-70-060 127-70-007 127-70-008 127-68-015 127-68-021 127-68-016 127-68-022 127-68-020 127-68-024 127-68-014 127-68-023 127-68-017 127-68-018 127-68-019 127-68-012 127-68-013 000-00-000 127-12-017 127-12-018 127-12-019 127-12-020 127-12-021 127-12-022 127-12-025 127-12-026 127-12-027 127-68-002127-68-041 127-10-035 127-10-060 127-12-083 127-56-007 127-56-006 127-10-100 116-01-049 127-56-008 127-56-004 127-56-005 116-01-041 127-56-003 116-01-048 116-01-046 116-01-050 116-01-045 116-01-024 116-01-023 127-56-002 116-01-052 116-01-051 116-01-033 116-01-014 116-01-013 147-01-097 private MFG Space Systems Loral CAFETERIA CPA Utilities Engineering OFFICES OFFICES Eichler Swim & Tennis Club OFFICES OFFICE BATTERY LAB OFFICE 22.7' 69.5' 31.4' 36.1' 89.1' 88.0' 109.8' 65.0' 110.0' 50.2' 14.8' 104.1' 67.0' 109.8' 67.3' 76.8' 88.0'75.0' 104.1' 65.0' 110.0' 65.0' 110.0' 68.0' 110.0' 68.0' 110.0' 68.0' 110.0' 68.0' 110.0' 68.0' 110.0' 68.0' 110.0' 68.0' 110.0' 110.0' 89.1' 101.4' 25.0' 38.4'60.0' 50' 115.0' 60.0' .0' 56.1' 9' 101.0' 37.3' 26.6' 81.9' 11.8' 86.9' 71.0' 100.0' 71.0' 100.0' 71.0' 100.0' 71.0' 100.0' 53.0' 31.4' 69.5' 10.5' 73.1' 100.0' 90.9' 74.9'117.6' 129.6' 67 50.6'107.2' 503.3' 310.8' 80.0' 31.4' 51.8' 100.0' 71.8' 72.9' 115.4' 69.9' 115.2' 70.0' 115.2' 70.0' 115.3' 70.0' 115.4' 115.4' 70.0' 115.4' 70.0' 77.7' 111.8' 77.7' 111.6' 77.7' 112.1' 77.7' 111.8' 77.7' 112.4' 77.7' 112.1' 65.0' 109.3' 65.0' 109.3' 65.0' 109.3' 65.0' 109.3' 111.8' 77.7' 112.1' 77.7' 111.8' 77.7' 112.4' 77.7' 112.1' 77.7' 111.6' 78.0' 63.0' 109.3' 63.0' 37.8' 13.0' 72.4' 78.1' 110.0' 115.2' 70.0' 115.4' 70.0' 115.4' 70.0' 115.5' 70.0' 115.3' 70.0' 115.4' 70.0' 115.4' 70.0' 115.5' 70.0' 115.5' 70.0' 115.4' 70.0' 115.5' 61.5' 115.5' 61.5' 70.0' 115.2' 70.0' 115.3' 70.0' 115.3' 70.0' 115.3' 115.4' 70.0' 115.4' 70.0' 70.0' 115.5' 70.0' 115.4' 70.0' 115.4' 70.0' 115.5' 55.0' 31.4' 95.4' 75.0' 115.4'.3' 115.4' 70.0' 115.4' 69.7' 63.0' 112.8' 63.0' 112.8' 63.0' 112.8' 63.0' 112.8' 70.0' 101.5' 70.0' 101.5' 70.0' 101.5' 70.0' 101.5' 63.0' 112.8' 63.0' 112.8' 63.0' 112.8' 63.0' 112.8' 63.0' 112.8' 63.0' 112.8' 115.4' 70.0' 115.4' 70.0' 75.0' 45.4' 54.4' 27.4' 49.9' 115.4' 97.0' 73.3' 97.0' 73.3' 78.0' 86.9' 74.2' 4.7' 97.0' 82.0' 97.0' 62.6' 104.8'77.8' 104.8' 42.5' 18.1' 125.6' 105.4' 126.3' 59.8' 31.4'25.0'18.2' 63.0' 146.3' 66.3' 125.6' 100.8' 70.0' 100.0'11.6' 50.0' 100.0' 70.0'70.0' 100.0' 70.0'70.0' 104.0' 69.2' 100.0' 63.0' 65.0' 104.4'34.4' 30.7' 104.8' 34.4' 47.0' 100.8' 52.4' 104.4' 106.7'76.0' 102.0'54.0' 76.0' 104.0' 54.0' 102.0' 124.2'65.5' 116.8' 65.0' 20.7' 45.5' 124.2' 65.0' 113.8' 109.2' 65.0' 113.8' 68.7' 20.7'96.4'18.5' 46.0'106.6'22.4' 37.6' 106.6' 52.0' 111.1'14.2' 62.4' 111.2'60.0' 111.4' 60.0' 111.1'60.0' 111.2' 60.0' 111.4'31.0' 100.0' 60.0' 100.0' 60.0' 20.5' 157.9' 120.0' 80.0' 140.0' 242.4' 34.8' 36.0' 96.7'60.0' 134.3' 64.6' 134.3' 60.0' 157.9' 64.2' 1.3' 150.8' 60.0' 176.7' 63.0' 131.6' 60.0' 150.8' 31.5' 131.6'31.5' 50.4' 116.8' 81.8' 100.0' 100.0' 65.0' 100.0' 65.0' 100.0' 65.0' 100.0' 65.0' 100.0' 65.0' 100.0' 65.0' 102.0' 69.5' 100.0'24.4' 36.2' 70.0'65.0' 100.0' 100.0' 65.0' 100.0' 65.0' 104.0' 65.0' 100.0' 65.1' 107.4'20.5' 49.4' 104.0' 61.9' 100.0' 65.0'65.0' 100.0' 65.0' 100.0' 65.0' 101.1' 80.0' 100.0'4.2' 59.7' 114.1' 75.0' 101.1' 60.5' 238.1' 125.9' 347.6' 164.5' 509.6' 147.2' 174.8' 660.1' 1204.1' 175.0' 156.2'30.4' 1138.1' 175.0' 1165.7' 70.0' 101.5' 70.0' 101.5' 63.0' 112.8' 63.0' 112.8' 70.0' 101.5' 70.0' 101.5' 70.0' 101.5' 70.0' 101.5' 70.0' 101.5' 70.0' 101.5' 90.0' 101.6' 19.3'16.8' 24.3' 112.8' 135.1' 165.3' 44.7' 101.6' 161.0'95.7' 38.4' 165.3'28.5' 100.0' 65.0' 100.0' 65.0' 100.0' 65.0' 100.0' 65.0' 73.3'72.1' 31.4' 39.7' 44.0' 100.0' 101.5' 70.0' 101.5'70.0' 100.0' 125.0' 131.2' 4.1'37.0' 95.7' 105.0' 20.0' 105.4' 38.7' 60.0' 145.0' 60.0' 145.0'60.0' 145.0' 60.0' 145.0'60.0' 145.0' 60.0' 145.0' 49.9' 17.1' 153.2' 65.0' 145.0' 65.0' 145.0' 65.0' 145.0' 65.0' 100.0' 65.0' 100.0' 70.0' 80.0' 31.4' 50.0' 100.0' 126.7'135.0' 53.2'153.7' 100.0' 71.0' 100.0' 71.0' 256.2' 195.7' 170.9' 48.0' 177.4' 100.0' 60.0' 100.0' 60.0'100.0' 60.0' 100.0' 60.0' 25.0' 50.3' 62.4' 100.0' 42.0' 39.3' 115.2' 81.6' 96.4' 60.0' 104.5' 63.5' 109.2' 67.2' 117.8' 44.9' 104.5' 87.5' 101.8' 52.9'117.8' 1.3' 77.4' 101.4' 69.3' 100.0' 52.6' 100.0' 69.0'50.2' 25.0' 39.3' 40.1' 27.0' 76.5' 115.2' 53.3' 138.3' 105.7' 77.4' 128.4' 54.7' 17.0' 80.0' 75.0'105.7' 45.0' 31.4' 98.1' 109.1'63.7' 103.7' 238.6' 602.2' 171.7' 26.0'470.1' 65.0' 100.0' 65.0' 100.0' 100.0' 61.3'100.0' 61.3' 67.5' 80.0' 31.4' 47.5' 100.0' 67.5' 100.0' 47.5' 31.4' 80.0' 100.0' 78.0'100.0' 78.0'107.4' 57.9' 10.1' 100.0' 113.0' 44.4'100.3' 119.5' 56.0' 107.4' 2.6'10.1' 41.0' 119.8' 117.9' 173.6' 65.0' 100.0' 65.0' 100.0' 69.4' 2.9' 14.5' 65.3' 32.6' 24.1' 31.0' 100.0' 48.7' 134.4' 109.0' 20.6' 135.8' 41.5' 135.8' 175.8' 138.8' 167.3' 81.1' 45.0' 138.8' 74.7' 105.9' 39.0' 25.9' 80.6' 14.5' 81.1' 116.0' 31.7' 148.7' 45.3' 74.0' 114.1'58.0' 105.9' 89.0' 116.4'58.0' 145.8' 65.0' 173.6' 74.0' 209.0' 65.0' 100.0' 65.0' 100.0'100.0' 65.0' 80.0' 31.4' 45.0' 65.0' 108.3' 65.5' 100.0' 65.0' 101.9' 37.9' 27.2' 100.0' 80.0' 104.4'60.5' 101.9' 35.0' 56.9' 111.3'60.5' 104.4' 65.0' 100.0' 45.0' 31.4' 80.0' 7.4' 71.7' 111.3' 49.5' 108.3' 73.0' 114.0'54.4' 111.3' 116.4' 82.5' 102.0' 55.0' 103.5' 74.5' 107.4' 48.0' 73.0' 103.5'59.4' 114.0' 111.3'56.9' 20.0' 114.1'60.5' 114.1' 140.6' 100.0' 85.7' 80.0' 31.4' 21.9' 26.8' 101.8' 75.0' 118.9' 12.0' 104.8' 124.5' 100.0' 60.4' 59.1' 21.9'31.4' 50.0' 76.0' 106.7'57.4' 97.1' 22.2' 58.0' 97.1'58.5' 100.0' 80.0' 106.0' 80.0' 106.0' 80.0' 108.3' 80.0' 108.3'108.3' 80.0' 108.3' 80.0' 80.0' 106.0' 80.0' 106.0' 80.0' 106.0' 80.0' 106.0' 80.0' 108.3' 80.0' 108.3' 94.0' 108.3' 80.0' 106.0' 80.0' 106.0' 75.7' 106.0' 115.4' 72.9' 95.5' 31.4' 52.9' 100.0' 71.0'100.0' 71.0' 100.0' 51.5' 31.4' 80.0' 71.5' 145.0' 318.8' 148.5' 287.0' 121.9' 67.9' 125.3' 60.0' 121.9' 60.2'122.9' 60.0' 125.3' 60.1'119.6' 65.0' 122.9' 20.2'39.7' 135.0' 150.0'143.5'148.5' 27.7' 331.7' 31.4' 115.2' 70.0' 115.2' 70.0' 36.2' 110.6' 59.6' 32' 70.0' 100.0' 36.1' 0.6' 133.8' 2 0' 70.0' 11.4' 99.8' 65.0'00.0' 35.9' 60.0' 100.0' 60.0' 100.0' 60.0' 100.0' 60.0' 100.0' 39.1' 38.4' 50.0'2.1'31.4' 56.7' 100.0' 113.3' 98.7' 122.4' 40.0' 54.4' 30.0' 59.4'3.8'31.4' 64.4' 99.3' 92.3'117.5' 36.0'100.2' 50.7' 19.7'100.2'2.3' 79.0' 59.6'1.3'100.0' 46.3' 100.0' 51.9' 21.9'14.5'47.3'31.4' 60.0' 100.0' 60.0' 100.0' 117.5' 51.3' 26.8' 94.0' 66.3' 91.6' 46.4'8.8' 99.8' 99.0' 32.2' 80.6' 99.7'21.9' 73.1' 46.4' 46.3' 31.4'47.3'14.5' 21.9' 51.9' 100.0' 88.0' 100.0' 46.3' 31.4'3.8'80.3' 139.5' 100.0'119.6' 50.2' 150.1' 139.5' 72.8' 24.2'18.1'23.2' 120.7' 110.0' 150.1' 54.3' 99.7' 60.0' 100.0' 60.0' 50.0' 101.5' 70.0' 81.5' 31.4' 70.0' 112.8' 50.0' 31.4' 92.8' 63.0' 112.8' 63.0' 112.8' 70.0' 101.5' 70.0' 101.5' 70.0' 101.5' 70.0' 101.5' 145.0' 60.0' 145.0' 60.0' 60.0' 145.0' 60.0' 145.0' 42.0' 165.5' 97.0' 147.1' 109.3' 147.1' 54.3' 165.5' 21.7' 165.5' 101.5' 145.0' 120.7' 145.0' 40.9' 165.5' 145.0' 60.0' 145.0' 60.0' 60.0' 145.0' 60.0' 145.0'60.0' 145.0' 60.0' 145.0'63.5' 145.0' 63.5' 145.0' 37.6' 135.5' 283.4' 31.3'231.1' 285.0' 32.3' 218.7' 63.2' 50.3' 285.0' 94.1' 106.8' 116.1' 295.5' 212.0' 295.5' 212.6' 311.6' 61.4' 112.9' 532.5' 15.0' 358.7' 76.1' 215.0' 183.4' 228.3' 376.8' 31.5' 207.9' 384.3' 206.1' 250.2' 167.8' 76.1'137.5 159.5' 90.0' 50.0' 116.4' 219.9' 206.1' 50.0' 90.0' 50.0' 90.0' 193.0' 82.6' 144.7' 14.1' 256.2' 159.9' 48.9' 115.2' 230.0' 215.1' 241.2' 189.5' 230.0' 189.5' 230.0' 96.0' 67.4' 244.9' 212.4' 230.0' 337.3' 165.1' 244.9' 77.2'95.8' 96.9' 106.8' 220.1' 183.3' 28.4'158.0' 332.3' 156.9' 264.0' 199.9' 259.2' 10.8' 113.1' 91.0' 35.7' 131.0' 32.8' 131.0' 100.0' 120.0' 38.0' 63.3' 120.0' 100.0' 122.6' 75.0' 122.6' 50.0' 120.0' 75.0' 120.0' 60.0' 120.0' 60.0' 120.0' 60.0' 120.0' 60.0' 120.0' 60.0' 120.0' 60.0' 120.0' 68.5' 120.7' 10.0'49.9' 100.0' 70.0' 100.0' 70.0' 100.0' 70.0' 100.0' 70.0' 100.0' 70.0' 100.2'8.8' 61.2' 100.2' 85.0'115.5' 48.7' 100.5' 60.0' 100.0' 46.5'13.5' 115.5' 9.7' 90.0'100.5' 54.9' 100.0' 17.1' 86.3' 7.0' 100.0' 14.5' 24.7' 100.0' 63.0' 100.0' 63.0' 100.0' 70.0' 100.0' 70.0' 100.0' 68.0' 100.0' 68.0' 100.0' 60.0' 100.0' 60.0' 100.0' 111.5' 123.3' 39.3' 100.0' 60.0' 100.0' 60.0' 100.0' 104.9' 123.8' 10.4'22.1' 100.0' 19.2' 89.9' 113.3' 30.0' 223.7' 115.6' 94.2' 26.9' 225.8' 214.6' 201.1' 215.4' 36.0' 181.3' 194.0'201.1' 236.0' 156.1' 31.1' 54.7' 166.7' 106.8' 96.9' 291.6' 240.3' 46.7' 220.8' 389.7' 14.0' 181.5' 478.6' 130.4' 384.3' 74.9' 162.5' 242.0' 215.0' 76.1' 58.2' 46.5' 211.5' 179.0' 242.0' 20.8' 197.2' 385.2' 218.7' 82.6' 216.0' 293.4'279.3' 304.5' 154.8' 182.0' 203.3' 34.5' 241.3' 311.6' 72.0' 239.9' 174.8' 146.1' 293.4' 145.7' 304.5' 408.0' 127.9' 385.2' 286.9' 389.7' 110.0' 60.0' 110.0' 60.0' 108.6' 60.0' 108.7' 60.0' 110.0' 60.0' 110.0' 60.0' 108.9' 60.0' 112.1' 33.4' 26.8' 78.1' 59.7' 7' 63.8' 32.2' 73.1'8' 113.7' 73.8' 113.7' 9.8' 135.6' 77.7'45.3' 115.4' 20.0' 115.4' 25.6'38.8' 73.2' 102.0' 80.0' 102.0'82.0' 80.6' 104.0' 80.6' 84.9' 27.5' 45.0' 27.4'57.8' 72.4' 79.9' 104.0' 100.0' 96.0' 100.0' 79.9' 55.0' 42.5' 14.5' 38.8' 33.9' 52.8' 104.5' 65.0' 104.5' 00.0' 30.0' 140.1' 44.2' 120.0' 131.0' 120.0' 90.5' 38.4' 140.1' 72.8' 100.0' 21.7' 10.1' 35.3' 90.5' 72.8' 107.8' 100.8' 77.9' 100.0' 65.0' 94.2' 55.4' 9.5'20.9' 100.0' 72.1' 100.0' 60.0' 60.2' 100.0' 72.8' 100.8' 100.0' 60.0' 100.0' 60.0' 100.0' 65.0' 100.0' 65.0' 29.2' 57.8' 65.5' 77.2' 100.0' 70.0' 100.0' 70.0' 100.0' 60.0' 140.0' 40.4' 9.5' 11.4' 133.4' 107.5' 133.4' 50.4' 147.7' 50.0' 147.7' 32.7' 101.9' 156.3' 100.8' 60.0' 100.8' 60.0' 100.8' 96.3'100.8' 96.3' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 130.2' 27.7' 9.5' 24.4' 140.0' 39.7' 130.2' 75.4' 36.2' 122.4'122.4' 131.4' 110.0'9.5' 67.4' 110.0' 70.0' 110.0' 70.0' 110.0' 60.0' 110.0' 60.0' 77.0' 100.0'22.0' 34.5'105.4' 100.0' 66.0' 100.0' 66.0' 100.0' 60.0' 100.0' 60.0' 90.8' 105.4' 50.8' 136.3' 19.5' 73.7' 100.0' 41.8' 107.9' 103.2' 136.3'58.4' 103.3' 74.0' 19.5' 107.9'42.2' 100.0' 66.0' 100.0' 66.0' 100.0' 70.0' 100.0'70.0' 100.0' 80.0' 103.3' 26.9' 37.3' 100.0' 70.0' 100.0' 70.0' 100.0' 70.0' 100.0'70.0' 100.0' 65.0' 100.0'65.0' 100.0' 65.0' 100.0'65.0' 100.0' 65.0' 100.0'65.0' 100.0' 65.0' 100.0' 65.0' 100.0' 70.0' 102.4'80.6' 96.0' 100.0' 64.0' 100.0' 65.0' 40.0' 65.0' 25.0'81.1' 39.4' 77.7' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 60.0' 140.0' 65.0' 100.0' 65.0' 100.0' 70.0' 100.0' 70.0' 100.0' 70.0' 100.0'70.0' 100.0' 6601' 175.0' 246.8' 134.0' 120.5' 156.1' 255.5' 237.9' 196.7'214.6' 56.6' 75.8' 134.0' 214.6' 215.0' 214.6' 215.0' 95.0' 98.4' 70.1' 32.5' 16.8' 173.7' 162.1' 149.2' 47.1' 90.6' 98.9'158.9' 150.3' 158.9' 234.8' 173.7' 93.6' 221.0' 63.6' 47.1' 191.0' 93.6' 221.0' 93.6' 221.0' 119.5' 130.0' 214.4'187.3' 125.3' 32.5' 82.6' 37.0' 199.7' 119.5' 50.0' 214.6' 219.8' 214.6' 55.8' 98.4' 95.0' 200.8' 136.5'136.5' 136.5'136.5' 71.9' 61.8' 131.2'66.3' 58.0' 74.6' 73.8' 136.5' 32.2' 100.0' 125.1' 136.5' 60.9' 66.0' 99.3' 81.1' 45.0' 2.0'96.8' 50.1' 37.4'1.9'47.7' 96.8' 109.2'109.2' 100.0' 65.0' 70.0' 102.4' 25.0' 127.0' 299.5' 360.0' 374.2' 299.5' 221.5' 274.8'274.8'219.6' 196.6' 197.8'252.5'252.5' 223.2'223.2' 284.5' 266.2' 335.5' 54.3' 478.6' 118.9' 112.6' 18.0' 180.6' 54.3' 735.7' 156.9' 28.7' 123.4' 21.1' 20.6' 57.2' 264.2'264.2' 139.8' 30.2' 196.8'196.8' 67.1' 124.3' 180.6' 112.6' 18.0'118.9' 170.0' 809.4' 228.6'228.6' 616.4' 109.9' 581.0' 115.1' 58.0' 34.8' 464.2' 104.6' 312.1' 109.9' 280.0' 1133.1' 205.6' 62.0' 91.2' 401.7' 30.3' 663.2' 209.9' 391.5' 454.0' 170.0' 265.4' 170.0'440.0' 387.0' 564.0' 439.7' 490.5' 238.1' 338.7' 419.2' 200.0' 400.0' ' DRIVE ASPEN WAY LUPINE AVENUE FABIAN WAY LOUIS ROAD EVERGREEN DRIVE LOUIS ROAD FABIAN WAY NATHAN WAY BAYSHORE FREEWAY BA Y S H ORE FREE W AY EAST MEADOW CIRCLE EAST BAYSHORE ROAD FABIAN WAY CORPORATION WAY EAST BAYSHORE ROAD BAYSHORE FREEWAY BAYSHORE FREEWAY FABIAN WAY SAN ANTONIO ROAD KENNETH DRIVE THOMAS DRIVE GREER ROAD KENNETH DRIVE BAYSHORE FREEWAY EAST BAYSHORE ROAD BAYSHORE FREEWAY WEST BAYSHORE ROAD KENNETH DRIVE BAYSHO RE FREEWAYWEST BAYSHORE ROAD BAYSHO RE FREEWAY ELWELL COURT E N NETH DRIVE BAYSHORE FREEWAY BAYSHORE FREEWAY EAST MEADOW DRIVE ORTEGA CO EAST MEADOW DRIVE EAST MEADOW CIRCLE UTUS AVENUE EAST BAYSHORE ROADWEST BAYSHORE ROAD EAST BAYSHORE ROAD BAYSHORE FREEWAY BAYSHORE FREEWAY D RIFTWOO D D R I V E D G R E E R R O A D EAST MEADOW DRIVE QUAIL DR QUAIL DR PALOMA DR HERON WY EGRET LNPLOVER LN SANDPIPER LN MALLARD LN CURLEW LN FEATHER LN KLAMATH LN PALOMA DR TRINITY LN STANISLAUS LNTUO LUMNE LN Almanor Lane Barron Creek Creek3623 GM PF R-1 ROLM (D)(AD) (8000) ROLM PF PF(D) ROLM This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Special Setback Near Creek (SCVWD) abc Known Structures Tree (TR) Zone Districts abc Zone District Notes Curb Edge abc Dimensions (AP) Highlighted Features Water Feature Railroad abc Zone District Labels 0'467' Highway 101 Multi-Use Path Overcrossing CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto chodgki, 2017-04-14 10:17:19 (\\cc-maps\gis$\gis\admin\Personal\Planning.mdb) RESO MND Highway 101 Overcrossing 1 Not Yet Approved Resolution No. ____ Resolution of the Council of the City of Palo Alto Adopting the Highway 101 Overcrossing and Adobe Creek Trail Project Mitigated Negative Declaration for which an Initial Study was Prepared, in Accordance with the California Environmental Quality Act, and Adopting a Related Mitigation, Monitoring and Reporting Program R E C I T A L S A. Prior to the adoption of this Resolution, the City of Palo Alto prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Highway 101 Overcrossing and Adobe Creek Trail Project (the “Initial Study/Mitigated Negative Declaration”) all in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”). B. The Highway 101 Overcrossing and Adobe Creek Trail Project (the “Project”) analyzed under the Initial Study/Mitigated Negative Declaration would involve the construction of a bridge for pedestrian and bicycle use crossing over Highway 101 at Adobe Creek, a pedestrian/bicycle connection to the to the San Francisco Bay Trail at East Bayshore Road, and construction of an approximately 650- foot long trail along the east side of Adobe Creek between Highway 101 and East Meadow Drive. A more detailed description of the Project is set forth in the Initial Study/Mitigated Negative Declaration. C. The draft Initial Study/Mitigated Negative Declaration was made available for public comment from September 1, 2017 through October 2, 2017. D. The City of Palo Alto considered the comments received during the public review period and prepared a final Initial Study/Mitigated Negative Declaration. E. The Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in a number of significant effects on the environment and identified mitigation measures that would reduce each of those significant effects to a less-than-significant level. F. In connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level. G. Whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires the lead agency to RESO MND Highway 101 Overcrossing 2 Not Yet Approved adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision-making body of the City of Palo Alto as lead agency for the Project (the “Mitigation Monitoring and Reporting Program” or “MMRP”). H. The City of Palo Alto is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval of the Project. I. The City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project, together with comments received on the Initial Study/Mitigated Negative Declaration, and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA. J. The Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project are on file in the Office of Planning and Community Environment, located at 250 Hamilton Avenue, 5th Floor, Palo Alto, CA 94301 are available for inspection by any interested person at that location and are, by this reference, incorporated into this Resolution as if fully set forth herein. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS: SECTION 1. THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of Palo Alto, as lead agency for the Project. The City Council designates the Director of Public Works, at 250 Hamilton Avenue, 6th Floor, Palo Alto, CA 94301, as the custodian of documents and records of proceedings on which this decision is based. SECTION 2. THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program prepared for the Project. RESO MND Highway 101 Overcrossing 3 Not Yet Approved The Initial Study/Mitigated Negative Declaration is available for viewing at City of Palo Alto City Hall, 5th Floor – Planning Department and 6th Floor – Public Works Department, 250 Hamilton Avenue, Palo Alto, CA 94301. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ________________________________ ______________________________ City Clerk Mayor APPROVED AS TO FORM: ________________________________ _______________________________ Assistant City Attorney City Manager ________________________________ Director of Planning and Community Environment _________________________________ Director of Public Works Attachment C APPROVAL NO. 2017- RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR HIGHWAY 101 MULTI-USE OVERCROSSING AND ADOBE CREEK REACH TRAIL: SITE AND DESIGN REVIEW [FILE NO. 17PLN-00212] On November 27, 2017, the City Council adopted the Mitigated Negative Declaration, Approved the Mitigation Monitoring and Reporting Program, and Approved the Site and Design Review for the Adobe Creek Multi-Use Path Bridge making the following findings, determination and declarations: SECTION 1. BACKGROUND. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. On June 12, 2017, the City of Palo Alto Public Works Engineering Division applied for Site and Design Review for the development of the Adobe Creek Multi-Use Path Bridge. B. The project site crosses six parcels, including: APN No. 008-05-005, which is owned by the City of Palo Alto; APN No. 127-10-076 which is owned by a private entity; APN Nos. 127-10-100, 127-56-006, and 127-56-007, which are owned by the Santa Clara Valley Water District. Work on property owned by the private entity and the Santa Clara Valley Water District require access/encroachment permits, which will be obtained by the City following adoption of the environmental analysis and approval of the site and design application. C. Following staff review, the Planning and Transportation Commission reviewed the project and considered the draft Mitigated Negative Declaration (MND) and draft Mitigation Monitoring and Reporting Program (MMRP) and recommended adoption of the MND, approval of the MMRP, and approval of the Site and Design on September 13, 2017 subject to conditions of approval. D. Following staff and Planning and Transportation Commission review, the Architectural Review Board (ARB) reviewed the project and considered the draft Mitigated Negative Declaration (MND) and draft Mitigation Monitoring and Reporting Program (MMRP) and recommended adoption of the MND, approval of the MMRP, and approval of the Site and Design on October 19, 2017 subject to conditions of approval. E. On November 27, 2017, the City Council reviewed the project design and the MND and MMRP. After hearing public testimony, the Council voted to adopt the MND, approve the MMRP, and approve the Site and Design subject to the conditions set forth in Section 5 of this Record of Land Use Action. SECTION 2. ENVIRONMENTAL REVIEW. In conformance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was adopted and Mitigation Monitoring and Reporting Plan approved by resolution of the City Council on November 27, 2017. The Mitigated Negative Declaration concluded that the proposed project would not have a significant effect on the environment with mitigation as proposed. The MND is included in Attachment H of the staff report and the MMRP is included as Exhibit A of this Record of Land Use Action. All mitigation measures as stated in the approved Mitigation Monitoring and Reporting Program (MMRP) are incorporated into the conditions of approval. SECTION 3. SITE AND DESIGN OBJECTIVE FINDINGS. The project is consistent with the Site and Design Objective Findings outlined in Chapter 18.30(G).060 of the PAMC. Objective (a): To ensure construction and operation of the use in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. Nearby uses primarily include commercial and residential uses on the west side of highway 101 and bicycle and walking trails within the Baylands on the east side of Highway 101. The proposed project would provide a pedestrian and bicycle connection from commercial and residential areas to the regional trail network in the Baylands for recreational and commuting purposes. The proposed project includes two key capital improvement projects identified in the City’s Bicycle and Pedestrian transportation plan for improving trail connections. The proposed project would be consistent with all applicable clearance requirements for Highway 101, east and west Bayshore road below the bridge as well as California Public Utility Commission clearance requirements for utility lines above the bridge. It improves the vegetation on both the Google Property at 3600 West Bayshore Road as well as restores and improves vegetation within the Baylands. It provides a needed connection to reduce single occupancy vehicle use. With the incorporation of mitigation measures, short term impacts during construction would be less than significant. Operation of the project is intended to reduce traffic, reduce emissions, and would not generate any noise. The bridge is designed to have extremely minimal, if any, light spillover. Objective (b): To ensure the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations, in the same or adjacent areas. The project is consistent with Objective B in that this capital improvement project improves access for employees and residents to open space/recreational areas. This infrastructure improvement project is an improvement to existing conditions in the area and therefore improves the desirability of investment, the conduct of business, research, and other educational activities in adjacent areas. Objective (c): To ensure that sound principles of environmental design and ecological balance shall be observed. The proposed project is consistent with Objective C in that the project encourages pedestrian and bicycle activity, providing a better connection for commuters and recreational users to access the regional network of bay trails. The project is designed to avoid wetland areas, improve vegetation in the area, reduce overspill lighting, and contribute to a long-term reduction in single-occupancy vehicle uses (and associated traffic and emissions) by providing a year round pedestrian/bicycle connection to the Baylands. No protected trees would be removed. New vegetation would be designed to improve habitat for avian and riparian species. Objective (d): To ensure that the use will be in accord with the Palo Alto Comprehensive Plan. The proposed project is consistent with Objective D because the project encourages reductions in single- occupancy vehicle use between residential/commercial areas and recreational/open space areas so that residents and employees can enjoy use of these areas without using their vehicle. Specific policies with which the project is consistent are outlined in Table 1 below. Table 1: Comprehensive Plan Consistency Land Use and Community Design Element Policy L-9.7: Strengthen the identity of important community gateways, including the entrances to the City at Highway 101. The project is consistent with the Land Use Element of the Comprehensive Plan because it enhances a gateway site near the entrance to the Program L9.7.1: Develop a strategy to enhance gateway sites with special landscaping, art, public spaces, and/or public buildings. Emphasize the creek bridges and riparian settings at the entrances to the City over Adobe Creek and San Francisquito Creek. City over Adobe Creek, consistent with Policy L- 9.7 and Program L-9.7.1. It enhances vegetation in these areas, includes public art, consistent with policy L-8.5, improves bicycle safety in this area, and provides trailhead improvements. The design connects residential and commercial areas to open space/recreational areas to improve across barrier connections. The plaza area along west Bayshore makes the area more inviting and provides a gathering space for the public, consistent with Policy L-6.1 and Goal L-9. Policy L-6.1: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. Goal L-9: Attractive, inviting public spaces and streets that enhance the image and character of the City. Policy L-8.5: Encourage the development of new and the enhancement of existing public and private art and cultural facilities throughout Palo Alto. Ensure that such projects are compatible with the character and identity of the surrounding neighborhood. Transportation Element Goal T-1: Create a sustainable transportation system, complemented by a mix of land uses, that emphasizes walking, bicycling, use of public transportation and other methods to reduce GHG emissions and the use of single-occupancy motor vehicles. The project would encourage reduced reliance on single occupancy vehicle use by creating more accessible connections to recreational/open space areas for pedestrian and bicyclists, consistent with several goals and policies outlined in the City’s Transportation Element of the Comprehensive Plan. The project is designed to be low- maintenance so as to avoid the need for extensive infrastructure maintenance in the future but improves the City’s overall infrastructure by creating a year-round across barrier connection. Prioritizing investments in this type of infrastructure is consistent with program T1.19.2. The proposed project would include improvements to sidewalks, street trees, and public spaces and would also provide public art and pedestrian amenities. Site lighting would also be updated, which in turn would promote an improved pedestrian environment. This is consistent with program T1.19.5. The bridge is designed to accommodate a variety of users safely. Planned etiquette and wayfinding signage will also help to improve safety for users. The bridge would not affect future buildout of Highway 101 in this area, which is already built out to its full capacity. The project includes coordination with the Santa Clara Valley Water District to use existing Policy T-1.1: Take a Comprehensive approach to reducing single-occupant vehicle trips by involving those who live, work and shop in Palo Alto in developing strategies that make it easier and more convenient not to drive. Policy T-1.18: Increase cooperation with surrounding communities and other agencies to establish and maintain off-road bicycle and pedestrian paths and trails utilizing creek, utility, and railroad rights-of-way. Program T1.19.2: Prioritize investments for enhanced pedestrian access and bicycle use within Palo Alto and to/from surrounding communities, including by incorporating improvements from related city plans, for example the 2012 Palo Alto Bicycle + Pedestrian Transportation Plan . Program T1.19.5: Improve amenities such as seating, lighting, bicycle parking, street trees, public art and interpretive stations along bicycle and pedestrian paths and in City parks to encourage walking and cycling and enhance the feeling of safety. Policy T-3.5: When constructing or modifying roadways, plan for usage of the roadway space by all users. access road to improve off-road bicycle/pedestrian pathways, consistent with Policy T-1.18. For these reasons the proposed project is consistent with the Transportation Element of the Comprehensive Plan. Policy T8.12.1: Identify and improve bicycle connections to/from neighboring communities in Santa Clara and San Mateo counties to support local trips that cross city boundaries. Also advocate for reducing barriers to bicycling and walking at freeway interchanges, expressway intersections and railroad grade crossings. Natural Environment Element Policy N-4.9: Reduce pollution in urban runoff from residential, commercial, industrial, municipal, and transportation land uses and activities. The project is designed to avoid impacts to habitat within the Baylands through the location of the bridge, the lighting, and proposed vegetation improvements. The project is required to comply with the NPDES Stormwater Permit and includes bio-retention areas for stormwater management. Community Services Element Policy C-4.4: Design and construct new community facilities to have flexible functions to ensure adaptability to the changing needs of the community. The bridge is designed to accommodate a wide range of users choosing alternate transportation to single-occupancy vehicles. For example, the bridge is designed to safely accommodate bicyclists that may have a trailer; it provides a rest area so that users can pause to rest, fix their bicycle, etc. without impacting the flow along the bridge; and it provides access from various access points to accommodate a variety of users from East meadow drive and west Bayshore. It also provides a connection for commuters using the regional trail connections in the Baylands and coming into/out of Palo Alto. Therefore, as outlined in the table, the proposed use of the site is consistent with the Comprehensive Plan. SECTION 4. ARCHITECTURE REVIEW BOARD FINDINGS. The design and architecture of the proposed improvements, as conditioned, complies with the Findings for Architectural Review as required in Chapter 18.76 of the PAMC. Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides. The project is consistent with Finding #1 because: As discussed above under Site and Design Objective D and detailed in Table 1 above, the proposed project is consistent with the Land Use, Transportation, Natural Environment, and Community Services Elements of the Comprehensive Plan. Specifically, it is designed and located to reduce dependence on single-occupancy vehicle trips by creating an across barrier connection between residential and commercial uses and nearby open space/recreational uses. It is also designed to better connect to the regional bicycle trail network for those that commute in and out of the City. Table 2 below outlines the project’s consistency with specific objectives in the Bicycle and Pedestrian Transportation Plan. Table 2: Bicycle and Pedestrian Transportation Plan Consistency Across Barrier Connections [ABC]-1 Adobe Creek Highway 101 Overcrossing and trails [TR]-2 Adobe Creek Reach Trail The proposed project addresses two key capital improvement projects outlined the Bicycle and pedestrian bridge plan. Objective 2: Convert discretionary vehicle trips into walking and bicycling trips in order to reduce City transportation-related greenhouse gas (GHG) emissions 15% by 2020. A key strategy of Objective 2 is to remove and/or upgrade substandard bike lanes and trail crossing barriers to improve safety and convenience. The project would be consistent with this strategy and objective because it provides a bicycle/pedestrian connection to the Baylands for residents and commercial developments on the East side of Highway 101, discouraging the use of single- occupancy vehicle trips to cross over the highway in order to take year-round advantage of this area. Objective 3: Develop a core network of shared paths, bikeways, and traffic-calmed streets that connects business and residential districts, schools, parks, and open spaces to promote healthy, active living. Key strategies of Objective 3 include prioritizing enhancements to the Bay to Ridge trail corridor and expanding trail networks along creeks through partnership projects with regional agencies including the SCVWD. The project would be consistent with these strategies and this objective because it improves the existing bike lanes along East and West Bayshore Road, better connecting them to trails and residential/commercial areas. To the extent that the project is a bicycle trail/walking path it would not be subject to the same zoning development standards or identified under a specific land use in the City’s zoning code in the same way that buildings or associated accessory structures are. However, the project is designed to fit in with the adjacent area and be consistent with the intent of the code (e.g. ensuring that the height is compatible with the area) and complying with all applicable requirements for work in open space areas. There is no applicable coordinated area plan for this area; however, the portion of the project east of Highway 101 is located within the area defined in the Baylands Master Plan. The project would be consistent with applicable policies identified in the Baylands Master Plan and the associated Baylands Design Guidelines, as described in the staff report. The project would not be subject to any other design guidelines. Therefore, the project is consistent with the Comprehensive Plan, Zoning code, and applicable design guides. Finding #2: The project has a unified and coherent design, that: a. creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b. preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant, c. is consistent with the context-based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas. The project is consistent with Finding #2 because: It enhances the existing conditions at the site by improving safety for bicyclists and pedestrians along West Bayshore Road; creates a year-round connection from commercial/residential uses to the Baylands where an unreliable connection exists; and improves the connection for residences along East Meadow Drive to access West Bayshore Road and the Baylands area without the need to use their vehicle. There are no historical features at/immediately adjacent the site. The project preserves natural features on the site, including existing wetlands and protected trees while also improving landscaping/riparian habitat in the areas around the bridge. It enhances living conditions by providing better connections for residents in the area. The project is designed using materials such as self-weathering steel that are intended to provide a more natural feel to the bridge, consistent with the Baylands theme. The bridge is designed to be as low as possible while still meeting all applicable Caltrans and City of Palo Alto clearance requirements beneath the bridge. The bridge height is well below the typical height limit for buildings in the area. The bridge width is designed to be wide enough to accommodate various users traveling in both directions while also being narrow enough to slow bicyclists. Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. The project is consistent with Finding #3 because: The project uses high quality materials while still balancing the engineered design of the project to meet all clearance and safety requirements. Specifically, the project uses core-ten, self-weathering steel, consistent with the architectural review board’s recommendations. This material is intended to provide a natural feel to the bridge consistent with the character of the Baylands. The self-weathering steel also reduces long-term maintenance of the project, consistent with Comprehensive Plan goals. In addition, the project uses a vinyl clad chain link fencing with a sand colored finish, consistent with rustic look of the Cor-ten steel finish. This proposed fencing is consistent with the Baylands Site Assessment and Design Guidelines, which allows the use of vinyl clad chain link fencing for security purposes. If funding allows, this would be revised to an even higher quality woven wire mesh material for the fencing, which would also be consistent. All signage will be consistent with the Baylands Design Guidelines, which discourages the use of bright colors for signage. The vegetation is being developed in accordance with the City’s landscape architects and urban forestry division to fit into the Baylands theme and enhance the habitat within the project area. Therefore, the project is consistent with Finding 3. Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). The project is consistent with Finding #4 because: The project is a multi-use trail, which is specifically designed to improve connections for pedestrian and bicyclists and other users seeking alternatives to single-occupancy vehicles. It has been identified as the highest priority across barrier connection capital improvement project in the City’s Bicycle and Pedestrian Transportation Plan. Special consideration has been given to ensuring safety of all users by ensuring visibility around corners, providing etiquette and wayfinding signage, ensuring ADA accessibility, and ensuring that all aspects of the design are functional for a variety of users (such as the elderly, bicyclists, bicyclists with trailers, young kids, etc.). Finding #5: The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained. The project is consistent with Finding #5 because: The landscape is being designed in accordance with the City’s Urban Forestry Division and landscape architects to fit into the Baylands theme and improve riparian and avian habitat in a sensitive area. All protected trees would remain and all trees removed would be replaced with appropriate species for the site that are indigenous and provide habitat. Based on an in-field meeting with stakeholders and a restoration specialist, mulching for vegetation restoration will be used in lieu of hydroseeding to reduce the potential for regrowth of predominant non-native weeds at the site. Additional planting, beyond the proposed mulching and the vegetation proposed in the project plans, would be included as funding allows in order to further enhance the restoration in coordination stakeholders and the restoration specialist. Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. The project is consistent with Finding #6 because: The project will use indigenous, low water-use, drought resistant plants that are consistent with the Baylands theme and improve the habitat within the project area. The project is a pedestrian and bicycle bridge that provides year round connections to the Baylands and regional network of bay trails to improve access to recreational areas without the use of single-occupancy vehicles as well as to provide better connections for commuters. Therefore, the purpose of the project is to reduce vehicle use in order to reduce emissions. The project is, therefore, consistent with Finding #6. SECTION 5. Conditions of Approval. PLANNING DIVISION 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "Highway 101 Multi-Use Overcrossing and Adobe Creek Reach Trail Site and Design Review Package” dated October 5, 2017 and stamped as received by the City on October 10, 2017 on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. The approval letter including all Department conditions of approval for the project shall be printed on the plans submitted for building permit. 4. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention. 5. MMRP. The Mitigation Monitoring and Reporting Program associated with the project and included here as Exhibit A is incorporated by reference and all mitigation measures shall be implemented as described in such document. 6. FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Claire Hodgkins at claire.hodgkins@cityofpaloalto.org to schedule this inspection. Building Division The following comments are required to be addressed prior to any future related permit application: 7. RAMP SLOPES. On the previously submitted civil sheet P-1 (dated 6-2-17), Profile of the proposed bridge span appears to show the slope of the bridge between West Approach Structure at 3.0% (over West Bayshore Rd), Principal Span Structure at 4.75% & -4.75% (over Hwy 101). For clarification, can these ramp/ walkway slopes also be shown on the Construction Detail civil sheets C-1, C-2, C-3, C-4 (dated 6-2-17). An accessible walkway shall not be steeper than 1:20 (5%) and accessible ramps shall have a running slope not steeper than 1:12 (8.33%). If the running slopes are shown on the various sections of the bridge, then it can be determined if that section is to be considered a walkway or a ramp. (CBC 11B -403.3, 11B-405.2) 8. SIDEWALK GRADE. On civil sheet C-2 (dated 6-2-17), Construction Detail, show the slope of the Raised Sidewalk and clarify if it will be a walkway or ramp (see comment 1). Clarify if this raised sidewalk is a continuous grade and the maximum length. All walks with continuous gradients shall have resting areas 60 in in length at intervals of 400-ft maximum. The resting area shall be at least as wide as the walk. The slope of the resting area in all directions shall be 1:48 maximum. Accessible ramps shall have a maximum slope of 1:12 (8.33%) and shall provide landings for a maximum rise of 30-in. Bottom landings shall extend 72-in minimum in the direction of the ramp run with a 60-in minimum width. (CBC 11B-403.7, 11B-405.6. 11B- 405.7) 9. GUARDRAILS. On civil sheet C-2 (dated 6-2-17), Construction Detail, provide a profile or elevation view of the Raised sidewalk. Guards shall be located along open sided walking surfaces that are located 30” vertically to the grade below. Guards shall have a minimum height of 42”. Openings in the guards shall not allow a passage of 4” sphere from the walking surface to the required guard height. Provide details of the guardrails to show compliance. (CBC 1015.2) 10. EAST APPROACH SLOPE. On civil sheet C-3 (dated 6-2-17), Construction Detail, for the East Approach Structure show the maximum bridge running slope and cross slope (1:48 max) to determine if it fits the requirements of a walkway or ramp. It the running slope is between 1:20 & 1:12, then it will be considered a ramp. Ramps that change direction between runs shall have a clear landing 60 in minimum in the direction of the downward travel. Ramps that do not have level landings at changes in direction can create a compound slope that will not meet the requirements of CBC 11B-405.7. Curvilinear ramps with small radii also can create compound cross slopes and cannot, by their nature meet the requirements for accessible routes. (CBC 11B-405) 11. BAYTRAIL APPROACH SLOPE. On civil sheet C-3 (dated 6-2-17), Construction Detail, for the Baytrail Connection, show the running and cross slopes of the bridge. If the running slope is between 1:20 & 1:20 then it will be considered as an accessible ramp and will require a level landing at the bottom that extends 72-in minimum in the direction of the ramp run. (CBC 11B-405.7.3) 12. PRINCIPAL SPAN SLOPE. On civil sheet labeled “Adobe Creek POC Elevation No. 1” (dated 6/1/17), for clarification show the running bridge slope for the “Principal Span Developed Elevation” and the “West Approach Developed Elevation” to determine if these spans are to be considered as accessible walkways or ramps. (See comment 1) 13. TYPICAL SECTIONS. On civil sheet labeled “ Adobe Creek POC Typical Section” (dated 6-1-17), for Typical Section A-A, B-B & C-C, show a 2-in high minimum edge curb that prevents the passage of a 4-in diameter sphere. (CBC 11B-405.9.2) 14. GUARD OPENINGS. On civil sheet labeled “Adobe Creek POC Typical Section” (dated 6-1-17), Openings in the guards shall not allow a passage of 4” sphere from the walking surface to the required guard height. Provide details of the guardrails to show compliance. (CBC 1015.2) Public Works Engineering 15. STORM WATER TREATMENT: This project shall comply with the storm water regulations contained in provision C.3 of the NPDES municipal storm water discharge permit issued by the San Francisco Bay Regional Water Quality Control Board (and incorporated into Palo Alto Municipal Code Chapter 16.11). These regulations apply to land development projects that create or replace 10,000 square feet or more of impervious surface, and restaurants, retail gasoline outlets, auto service facilities, and uncovered parking lots that create and/or replace 5,000 square feet or more of impervious surface. In order to address the potential permanent impacts of the project on storm water quality, the applicant shall incorporate into the project a set of permanent site design measures, source controls, and treatment controls that serve to protect storm water quality, subject to the approval of the Public Works Department. The applicant shall identify, size, design and incorporate permanent storm water pollution prevention measures (preferably landscape-based treatment controls such as bioswales, filter strips, and permeable pavement rather than mechanical devices that require long-term maintenance) to treat the runoff from a “water quality storm” specified in PAMC Chapter 16.11 prior to discharge to the municipal storm drain system. Effective February 10, 2011, regulated projects, must contract with a qualified third-party reviewer during the building permit review process to certify that the proposed permanent storm water pollution prevention measures comply with the requirements of Palo Alto Municipal Code Chapter 16.11. The certification form, 2 copies of approved storm water treatment plan, and a description of Maintenance Task and Schedule must be received by the City from the third-party reviewer prior to approval of the building permit by the Public Works department. Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, third-party reviewer shall also submit to the City a certification for approval that the project’s permanent measures were constructed and installed in accordance to the approved permit drawings. 16. STORM WATER POLLUTION PREVENTION: The City's full-sized "Pollution Prevention - It's Part of the Plan" sheet must be included in the plan set. The sheet is available here: http://www.cityofpaloalto.org/civicax/filebank/documents/2732 17. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. 18. STORMWATER MAINTENANCE AGREEMENT: If the project is C.3 regulated, the applicant shall designate a party to maintain the control measures for the life of the improvements and must enter into a maintenance agreement with the City to guarantee the ongoing maintenance of the permanent C.3 storm water discharge compliance measures. The maintenance agreement shall be executed prior to Building or Grading permit issuance. The City will inspect the treatment measures yearly and charge an inspection fee. 19. CALTRANS: Caltrans review and approval of this project is required. 20. Applicant shall obtain right-to-enter and right-to-construct from private property owners and SCVWD for portions of the project outside of City right-of-way. 21. As this proposed project is in the flood zone, any proposed electrical or mechanical equipment will need to be above the BFE. Watershed Protection Division The following conditions are required to be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc.: 22. DISCHARGE OF GROUNDWATER. In accordance with PAMC 16.09.170, 16.09.040 prior approval shall be obtained from the city engineer or designee to discharge water pumped from construction sites to the storm drain. The city engineer or designee may require gravity settling and filtration upon a determination that either or both would improve the water quality of the discharge. Contaminated ground water or water that exceeds state or federal requirements for discharge to navigable waters may not be discharged to the storm drain. Such water may be discharged to the sewer, provided that the discharge limits contained in Palo Alto Municipal Code (16.09.040(m)) are not exceeded and the approval of the superintendent is obtained prior to discharge. The City shall be compensated for any costs it incurs in authorizing such discharge, at the rate set forth in the Municipal Fee Schedule. Note that the discharge of groundwater to both the storm drain and sanitary sewer systems is only allowed during the period of April 1-October 31. Refer to the code for updates before construction. 23. ARCHITECTURAL COPPER (PAMC 16.09.180[b][14]). On and after January 1, 2003, copper metal roofing, copper metal gutters, copper metal down spouts, and copper granule containing asphalt shingles shall not be permitted for use on any residential, commercial or industrial building for which a building permit is required. Copper flashing for use under tiles or slates and small copper ornaments are exempt from this prohibition. Replacement roofing, gutters and downspouts on historic structures are exempt, provided that the roofing material used shall be prepatinated at the factory. For the purposes of this exemption, the definition of "historic" shall be limited to structures designated as Category 1 or Category 2 buildings in the current edition of the Palo Alto Historical and Architectural Resources Report and Inventory. 24. COPPER PIPING. In accordance with PAMC 16.09.180(b)(b) copper, copper alloys, lead and lead alloys, including brass, shall not be used in sewer lines, connectors, or seals coming in contact with sewage except for domestic waste sink traps and short lengths of associated connecting pipes where alternate materials are not practical. The plans must specify that copper piping will not be used for wastewater plumbing. 25. STORM DRAIN LABELING. In accordance with PAMC 16.09.165(h) storm drain inlets shall be clearly marked with the words "No dumping - Flows to Bay," or equivalent. This includes public and private drains. UTILITILES - WATER, GAS, WASTEWATER 26. EXISTING UTILITIES. Building plans shall show the existing WGW utility on the proposed plan sets (utility sheet/s). 27. WATER FOUNTAIN CONNECTION. Identify the drinking water fountain's water meter and its connections on the plan. RECYCLING 28. RECEPTACLES. Waste receptacles must be colored coded - black for landfill (garbage/trash) and blue for recycling. PUBLIC WORKS URBAN FORESTRY DIVISION 29. Update Landscape Plan Sheet 6.1 to match the corresponding sheets. TRANSPORTATION 30. To ensure that the final signage is consistent with City standards, continue to work with the transportation division and consult the division regarding the proposed signage. GREEN BUILDING 31. Recycled Water Infrastructure for Landscape: If the project is either a new construction or a rehabilitated landscape and is greater than 1,000 square feet, then the project must install a dedicated irrigation meter related to the recycled water infrastructure. PAMC 16.14.230 (Ord. 5393 § 1 (part), 2016). The project applicant shall indicate the requirements on the Permit Plans. SECTION 6. Term of Approval. Site and Design Approval. The project approval shall be valid for a period of two years from the original date of approval. In the event a building permit(s), if applicable, is not secured for the project within the time limit specified above, the Site and Design approval shall expire and be of no further force or effect. Application for extension of this entitlement may be made prior to the one year expiration. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Senior Assistant City Attorney Director of Planning and Community Environment Exhibit A: Mitigation Monitoring and Reporting Program MITIGATION MONITORING + REPORTING PROGRAM PROJECT NAME Highway 101 Overcrossing and Adobe Creek Tail Project APPLICATION NUMBER 17PLN-00212 APPROVED BY City of Palo Alto Planning and Community Environment DATE October 2017 APPLICANT/OWNER City of Palo Alto Public Works Engineering Division The Final Mitigated Negative Declaration (MND) for the Highway 101 Overcrossing and Adobe Creek Tail Project identifies the mitigation measures that will be implemented to reduce the impacts associated with the project. The California Environmental Quality Act (CEQA) was amended in 1989 to add Section 21081.6, which requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. As stated in section 21081.6(a)(1) of the Public Resources Code: ... the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. Section 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined as part of adopting an MND. The mitigation monitoring table lists those mitigation measures that would be included as conditions of approval for the project. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 1 City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 2 MITIGATION MONITORING + REPORTING PROGRAM Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation AIR QUALITY Impact AQ-1: Dust generated by various construction activities could adversely impact residences and/or other receptors located in the project vicinity. MM AQ-1.1: Implementation of MM AQ-1.1, described below, will ensure that any significant adverse effects associated with construction- generated dust are avoided. Exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day or covered. Haul trucks transporting soil, sand, or other loose material off-site shall be covered. Visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. Roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. A publicly visible sign shall be posted with the telephone number and name of an individual working for the construction contractor who can be contacted regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Bay Area Air Quality Management District’s phone number shall also be visible to ensure compliance with applicable Applicant/Contractor During construction Planning and Community Environment Department City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 3 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation regulations. BIOLOGICAL RESOURCES Impact BIO-1: If project construction occurs during a flooding event that inundates the area Flood Control Basin, there is the potential for project activities to result in take of salt marsh harvest mice and impacts to salt marsh wandering shrews. MM BIO-1.1: The project contractors will implement the following measures to avoid potential take of salt marsh harvest mice and impacts to salt marsh wandering shrews: Work Schedule: Work within the biological study area will occur between April 15 and October 15. If it is not possible to schedule project activities between April 15 and October 15 within the biological study area, then pre-construction surveys by a United States Fish and Wildlife Service (USFWS)-approved biologist for salt marsh harvest mouse and wandering shrews will be conducted by a qualified biologist to ensure that these species will not be disturbed during project implementation. These surveys will be conducted no more than one month prior to the initiation of project activities conducted prior to April 15 and after October 15. Worker Environmental Awareness Program. Before any construction activities begin, a USFWS-approved biologist will conduct a training session for all construction personnel. At a minimum, the training will include descriptions of the salt marsh harvest mouse and salt marsh wandering shrew, their habitats, the importance of the species, general measures that are being implemented to conserve these species as they relate to the project, and boundaries within which the project may be accomplished, and if Applicant/Contractor Prior to and During construction Planning and Community Environment Department; USFWS 4 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation found (living or dead) their observations must be immediately reported to the Resident Engineer and USFWS-approved biologist.. Herbaceous Cover Removal. Prior to the start of project activities within the Flood Control Basin portion of the biological study area (including vehicle/equipment access), herbaceous vegetation will be removed from impact areas to eliminate cover for salt marsh harvest mice and salt marsh wandering shrews, thereby discouraging them from occurring in impact areas. The grassland land cover within the project footprint on the northeast side of Highway 101 will be trimmed to within two inches of the ground level prior to the start of ground disturbing activities. Vegetation removal will start where the San Francisco Bay Trail crosses Adobe Creek, and will proceed gradually northwards towards the open marsh habitat in the Flood Control Basin. Vegetation will not be removed during a flooding event that inundates the Flood Control Basin, as these are the conditions in which salt marsh harvest mice and salt marsh wandering shrews are most likely to be present in the biological study area. A USFWS-approved biologist familiar with the biology of these species will conduct a pre-construction survey prior to vegetation removal, and will monitor the vegetation removal process. Vegetation will be removed using hand-held equipment (e.g., weed-whackers). This will allow any small mammals, including salt marsh harvest mice and salt marsh wandering shrews, to City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 5 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation escape the biological study area under the cover of vegetation, and will encourage movement of such small mammals towards available vegetated habitat to the north outside the biological study area. Herbaceous vegetation that could potentially conceal a salt marsh harvest mouse or salt marsh wandering shrew within the biological study area will be removed, including herbaceous understory vegetation on the north bank of Adobe Creek. Vegetation that is removed will be hauled offsite the day it is removed, and will not be left on the site to provide potential cover for small mammal species. It is possible that vegetation within the Flood Control Basin portion of the biological study area will be removed during the fall prior to construction to reduce potential impacts to nesting birds. In such a case, if sufficient herbaceous cover regrows prior to construction the following year, this herbaceous cover will again be removed by hand prior to initiation of construction activities. Exclusion Barrier. Following vegetation trimming and prior to the start of construction activities on the northeast side of Highway 101, a fence will be installed at the outer limits of the work area, as shown in the Initial Study. The fence will be designed to exclude salt marsh harvest mice from the project footprint, define the limits of the footprint, and provide a visual screen. This barrier, which will be constructed under the guidance of a Service-Approved Biologist, will consist of a three-foot tall, tight cloth, City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 6 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation smooth plastic, or sheet-metal (or similar material approved by the Service) fence toed into the soil at least three inches deep and supported with stakes placed on the inside of the barrier. A USFWS- Approved Biologist will conduct a pre- construction survey of the area where vegetation was trimmed prior to construction access, and will monitor the installation of the barrier. Following the installation of the barrier, designated construction personnel will check its integrity each morning that construction activities occurring, and will initiate repairs immediately as needed. The area of vegetation removal will extend approximately two to three feet beyond the area where equipment and personnel will operate during project construction to create an open area that will discourage salt marsh harvest mice and salt marsh wandering shrews from approaching the exclusion barrier Environmentally Sensitive Area Fencing. Within the Flood Control Basin, biological study area limits will also be clearly demarcated with Environmentally Sensitive Area fencing to avoid inadvertent disturbance of any habitat outside of the designated construction area during construction activities. This fencing can be combined with the exclusion barrier but must not be outside that barrier. Visual Screening. Additional green-screen fencing will be installed along the limits of the biological study area between work areas and natural habitats within the Palo Alto Flood Control Basin to screen project City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 7 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation activities from view of the Baylands and avoid potential visual disturbance of salt marsh harvest mice and salt marsh wandering shrews. This fencing can be combined with the fencing described above but must not be outside the exclusion barrier. High-water Work Suspension. All ground work on the northeast side of highway 101, including vegetation trimming, will be suspended while there are flood waters within 100 feet of the project footprint (other than waters within the Adobe Creek channel). Immediate Work Stoppage. If a salt marsh harvest mouse or salt marsh wandering shrew, or an animal that could be a harvest mouse or wandering shrew (e.g., a similar species of mouse or shrew), is observed within the biological study area during project activities, all work that could result in the injury or death of the individual will stop and the USFWS- approved biologist will be immediately notified. The animal will be allowed to leave the area on its own and will not be handled before work in that area resumes. Work Limits. All activity will be limited to the existing and proposed footprint, access, and staging described in the May 2017 Biological Assessment, prepared by H.T. Harvey & Associates. Environmentally sensitive areas, such as wetlands and tidal habitat, will be identified on contract plans and discussed in the Special Provisions. Temporary orange fencing or other obvious system will be used to identify City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 8 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation areas of avoidance and will remain in place until all construction is completed. Night Work Lighting. If night-time work is conducted, the use of temporary artificial lighting during nighttime construction hours will be minimized to the maximum extent practicable and will be directed at the associated work zone and away from adjacent tidal wetland habitat. Trash. Food-related trash items such as wrappers, cans, bottles, and food scraps will be disposed of in closed containers and removed at least once a day from the work area. Firearms Forbidden. No firearms will be allowed on the project except for those carried by authorized security personnel, or local, state, or federal law enforcement officials. Pets Forbidden. To prevent harassment, injury or mortality of wildlife species, no pets will be permitted on the project site. Water Quality. The potential for adverse effects to water quality will be avoided by implementing temporary and permanent Best Management Practices (BMPs) outlined in Section 7-1.01 G of the Caltrans Standard Specifications. Caltrans erosion control BMPs will be used to minimize any wind or water-related erosion. The State Water Resources Control Board has issued a National Pollution Discharge Elimination System Statewide Storm Water Permit to Caltrans to regulate storm water and non- storm water discharges from Caltrans facilities. A Storm Water Pollution City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 9 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation Prevention Plan (SWPPP) will be developed for the project, as one is required for all projects that have at least 1.0 acre of soil disturbance. The SWPPP complies with the Caltrans Storm Water Management Plan (SWMP). The SWMP includes guidance for Design staff to include provisions in construction contracts to include measures to protect sensitive areas and to prevent and minimize storm water and non-storm water discharges. The SWPPP will reference the Caltrans Construction Site BMPs Manual. This manual is comprehensive and includes many other protective measures and guidance to prevent and minimize pollutant discharges and can be found at the following website: http://www.dot.ca.gov/hq/ construe/stormwater/ manuals.htm. Protective measures will be included in the contract, including, at a minimum: a) No discharge of pollutants from vehicle and equipment cleaning are allowed into the storm drain or water courses. b) Vehicle and equipment fueling and maintenance operations must be at least 50 feet away from water courses. c) Concrete wastes are collected in washouts and water from curing operations is collected and disposed of and not allowed into water courses. d) Dust control will be implemented, City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 10 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation including use of water trucks and tackifiers to control dust in excavation and fill areas, rocking temporary access road entrances and exits, and covering temporary stockpiles when weather conditions require. e) Coir rolls will be installed along or at the base of slopes during construction to capture sediment and temporary organic hydro- mulching will be applied to all unfinished disturbed and graded areas. f) Work areas where temporary disturbance has removed the pre- existing vegetation will be restored and re-seeded with a native seed mix. Graded areas will be protected from erosion using a combination of silt fences, fiber rolls along toe of slopes or along edges of designated staging areas, and erosion-control netting (such as jute or coir) as appropriate. Impact BIO-2: Construction activities associated with the proposed project could result in impacts to nesting birds through the loss of fertile eggs or nest abandonment. MM BIO-2.1: The following measures will be implemented to ensure that project activities avoid substantial impacts to nesting birds and their eggs, which are protected under the migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CDGC). Avoidance of the Nesting Bird Season. To the extent feasible, project activities will be scheduled to avoid the avian nesting season. If such activities are scheduled to take place outside the nesting season, impacts on nesting birds, including raptors, Applicant/Contractor/Qualified Biologist Prior to and During construction Planning and Community Environment Department 1 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation protected under the MBTA and CFGC, will be avoided. The nesting season for most birds in Santa Clara County typically extends from February 1 through August 31. Vegetation Removal during the Non- Nesting Season. If project activities will not be initiated until after the start of the nesting season, potential nesting substrate (e.g., bushes, trees, grasses, and other vegetation) that is scheduled to be removed by the project, if any, may be removed prior to the start of the nesting season (e.g., prior to February) to reduce the potential for initiation of nests. The project schedule includes vegetation removal in the Flood Control Basin portion of the biological study area during the fall prior to construction to minimize impacts to nesting birds the following spring. If it is not feasible to schedule vegetation removal during the nonbreeding season, or where vegetation cannot be removed (e.g., in areas immediately adjacent to the biological study area), then pre- construction surveys for nesting birds will be conducted as described below. Pre-construction/Pre-disturbance Surveys for Nesting Birds. If it is not possible to schedule project activities between September 1 and January 31, then pre- construction surveys for nesting birds will be conducted by a qualified biologist to ensure that no nests will be disturbed during project implementation. These surveys will be conducted no more than 48 hours prior to the initiation of project activities. During this survey, a qualified City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 1 2 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation biologist will inspect all potential nesting habitats (e.g., trees, shrubs, grasslands, and buildings) within 300 feet of impact areas for raptor nests and within 100 feet of impact areas for nests of non-raptors. Buffers around Active Nests. If an active nest (i.e., a nest with eggs or young, or any completed raptor nest attended by adults) is found sufficiently close to work areas to be disturbed by these activities, the biologist, in consultation with California Department of Fish and Wildlife, will determine the extent of a disturbance-free buffer zone to be established around the nest (typically 300 feet for raptors and 100 feet for other species), to ensure that no nests of species protected by the MBTA and California Fish and Game Code will be disturbed during project implementation. Because the majority of the biological study area is already subject to disturbance by vehicles and pedestrians, activities that will be prohibited from occurring within the buffer zone around a nest will be determined on a case-by-case basis. In general, activities prohibited within such a buffer while a nest is active will be limited to new construction-related activities (i.e., activities that were not ongoing when the nest was constructed) involving significantly greater noise, human presence, or vibrations than were present prior to nest initiation. Screening. As described for salt marsh harvest mice and salt marsh wandering shrews above, additional fencing with a green screen will be installed along the limits of the biological study area between City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 1 3 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation work areas and natural habitats within the Palo Alto Baylands Nature Preserve’s Flood Control Basin (Flood Control Basin). This fencing will screen project activities from view of the Baylands and minimize potential visual disturbance of nesting birds as a result of the project. Nest Deterrence. If necessary to avoid impacts to active nests (i.e., nests containing eggs or young), nest starts may be removed on a regular basis (e.g., every second or third day), starting in late January or early February, or measures such as exclusion netting or slippery panels may be placed over nesting sites on the existing bridges to prevent active nests from becoming established. Any netting installed for nest deterrence must be installed appropriately by an experienced deterrence technician, under the supervision of a qualified biologist, and must be inspected and maintained regularly to avoid the entrapment or entanglement of birds. Impact BIO-3: The project could result in potential impacts as a result of bird strikes with the bridge structure; as well as disorientation, predation, and habitat impacts from increased lighting. MM BIO-3.1: The following measures will be implemented to avoid impacts on bird populations due to potential collisions and project lighting: The overcrossing will be designed to minimize the potential for bird strikes; it will not include highly reflective surfaces, suspension cables, transparent surfaces, or features such as small wires or netting that could injure birds. No power lines will be suspended above Project Engineer/Applicant/Construction Contractor City of Palo Alto Mitigation Mon Prior to Planning and Construction Community (Shown on Environment Building Plans); Department During Operation itoring + Reporting Program P a g e | 1 4 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation the bridge deck. Night lighting on the bridge will be minimized; only lighting needed for safety purposes will be installed. Lighting will be directed at the bridge deck or downward, not outwards toward natural areas, and lights will be shielded to minimize spillover of light into natural areas. CULTURAL AND TRIBAL RESOURCES Impact CUL-1: Unknown subsurface archaeological or paleontological resources could be present on the site in underlying native soils and could be disturbed during project construction. MM CUL-1.1: In the event any significant cultural materials (including fossils) are encountered during construction grading or excavation, construction within a radius of 50 feet of the find would be halted, the Director of Public Works shall be notified, and a qualified archaeologist shall examine the find and make appropriate recommendations regarding the significance of the find and the appropriate treatment of the resource. Recommendations could include collection, recordation and analysis of any significant cultural materials. A report of findings documenting any data recovered during monitoring shall be submitted to the Director of Planning. Applicant/Contractor During construction Planning and Community Environment Department MM CUL-1.2: Pursuant to Section 7050.5 of the Health and Safety Code, and Section 5097.94 of the Public Resources Code of the State of California in the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission (NAHC) who shall attempt to Applicant/Contractor During construction City of Palo Alto Mitigation Monitoring + Reportin Planning and Community Environment Department g Program P a g e | 1 5 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this state law, then the land owner shall reinter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. If the Director of Planning finds that the archaeological find is not a significant resource, work would resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Impact CUL-2: Unknown tribal cultural resources could be uncovered or disturbed during construction activities associate with the project. MM CUL-2.1: In the event that a tribal cultural resource is found during construction, the NAHC will be contacted for information regarding the appropriate tribe and/or persons to notify. Once the appropriate tribal representatives are notified, consultation will take place consistent with Assembly Bill 52 requirements. Mitigation measures that may be considered to avoid significant impacts (if there is no agreement on appropriate mitigation in discussions with the tribal representatives) may include: Avoidance and preservation of the resources in place, including: - Planning and construction to avoid the resources and protect the cultural and natural context; - Planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria; Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning of Applicant/Contractor During construction City of Palo Alto Mitigation Monitoring + Reportin Planning and Community Environment Department g Program P a g e | 1 6 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation the resource, including, but not limited to, the following: - Preservation in place; - Protecting the cultural character and integrity of the resource; - Protecting the traditional use of the resource; - Protecting the confidentiality of the resource; - Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. HAZARDS & HAZARDOUS MATERIALS Impact HAZ-1: Aerially deposited lead located in soils at the project site could be disturbed during grading and construction activities and potentially impact workers, area residents, or the environment. MM HAZ-1.1: A construction risk and spoils management plan (CRSMP) shall be prepared for the project prior to the start of any ground- disturbing activities. The CRSMP shall include necessary procedures to ensure that excavated materials are stored, managed, and disposed of in a manner that is protective of human health and the environment in accordance with applicable laws and regulations. The CRSMP shall include the following components: A site-specific health and safety plan (HASP) shall be prepared by a qualified environmental professional in accordance with federal OSHA regulations (29 CFR 1910.120) and State of California Occupational Safety and Health Administration regulations (8 CCR 5192). The HASP shall include required measures to protect construction workers and the general public by including engineering controls, monitoring, and security Applicant/Contractor Prior to Building Permit Issuance City of Palo Alto Mitigation Monitoring + Reportin Planning and Community Environment Department g Program P a g e | 1 7 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation measures to prevent unauthorized entry to the construction area and to reduce hazards outside of the construction area. If prescribed contaminant exposure levels are exceeded, personal protective equipment shall be required for workers in accordance with state and federal regulations. The CRMSP shall include step-by-step procedures for evaluation, handling, stockpiling, storage, testing, and disposal of excavated material, including criteria for: (1) reuse within the project area; (2) stockpiling within the project area; and (3) offsite disposal shall be included. Excavated materials shall be inspected prior to initial stockpiling, and spoils that are visibly stained and/or have a noticeable odor should be stockpiled separately to minimize the amount of material that may require special handling. The chemical quality of the spoils intended for reuse shall be characterized, and spoils should be reused onsite only if they meet the reuse criteria established in the Department of Toxic Substances Control Variance obtained by Caltrans (Variance No. V09HQSCD006). If some of the spoils do not meet the reuse criteria and/or debris is identified, these materials shall be disposed of in accordance with applicable state and federal waste disposal requirements. The CRMSP shall also include procedures to be implemented if unknown subsurface conditions or contamination are encountered, such as previously unreported tanks, wells, or contaminated soils shall be included in the City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 1 City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 18 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation CRSMP. NOISE Impact NOI-1: The project could result in exposure of persons in the project area to a substantial temporary or periodic increase in ambient noise levels during construction activities. MM NOI-1.1: The following measures will be implemented during construction to lessen the potential for noise impacts: With one exception, noise-generating construction activities will be restricted to the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturdays. The exception is that, as stated above, there would be up to seven nights of construction including up to three nights to lower prefabricated structures in place over Highway 101, West Bayshore Road, and East Bayshore Road. No construction activities will occur on Sundays or holidays. For any planned construction outside permitted hours, the project contractor will notify property owners within 500 feet of the proposed work at least one week in advance of the construction activities, require the contractor to implement a construction noise monitoring program and, if feasible, provide additional mitigation as necessary (in the form of noise control blankets or other temporary noise barriers, etc.) for affected receptors. Internal combustion engine driven equipment will be equipped with intake and exhaust mufflers that are in good condition and appropriate for the equipment. Unnecessary idling of internal combustion engines within 100 feet of residences will be strictly prohibited. Applicant/Contractor Prior to construction outside permitted construction work hours Planning and Community Environment Department City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 19 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation Stationary noise generating equipment will be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. "Quiet" air compressors and other "quiet" equipment will be utilized where such technology exists. Construction equipment will conform to Section 14-8.02, Noise Control, of the latest Caltrans Standard Specifications. The contractor will prepare a detailed construction plan identifying the schedule for major noise-generating construction activities and distribute this plan to adjacent noise- sensitive receptors. The construction plan will also contain these construction noise reduction measures. *NOT YET APPROVED* 1 ORDINANCE NO. _____ Ordinance of the Council of the City Of Palo Alto Approving and Adopting Plans for the Highway 101 Bicycle and Pedestrian Bridge The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings. The City Council finds and declares that: (a) Article VIII of the Charter of the City of Palo Alto and Section 22.08.005 of the Palo Alto Municipal Code require that, before any substantial building, construction, reconstruction or development is commenced or approved, upon or with respect to any land held by the City for park purposes, the Council shall first cause to be prepared and by ordinance approve and adopt a plan therefor. (b) The Highway 101 Bicycle and Pedestrian Bridge Project is partially within the Baylands, which is dedicated parkland, as described in Municipal Code Section 22.08.020. (c) The City intends to approve and adopt the plan to construct the Highway 101 Bicycle and Pedestrian Bridge, as detailed in Exhibit “A” and as generally listed below: 1. Construction of three new self-weathering steel trusses spanning Highway 101, and East and West Bayshore Roads, with safety railing. 2. Construction of cast-in-place concrete approach structures on east and west sides, with safety railing. 3. Construction of a new 140-foot long, self-weathering prefabricated steel truss over the Adobe and Barron Creeks confluence along West Bayshore Road. 4. Incorporation of a new pedestrian access ramp into the Western Approach Structure. 5. Construction of an overlook on the East Approach Structure. 6. Construction of three new trailheads/trail connections at West Bayshore Road, East Meadow Drive and East Bayshore Road. 7. Installation of pole, rail and handrail light-emitting diode (LED) lighting along the structure: a) 15 Pole mounted lights containing 12-foot tall pole with field adjustable modules on the western approach structure. b) Integrated rail lights throughout the pathway including 74 higher mounting height fixtures at the principal span and 141 lower mounting height fixtures at other locations. c) 15 rail mounted step lights, ten in-ground step lights at the curb, and a linear LED light under the bench. 8. Removal and replacement of 28 trees with native trees in accordance with the City’s Tree Technical Manual. Installation of vegetated swales. 9. Installation of enhanced amenities including bike racks and bike repair station, benches, trash receptacle, and drinking water fountains. 10. Incorporation of signage including wayfinding, informational and educational signs. 11. Asphalt concrete, compacted gravel, and fencing on Adobe Creek Reach Trail. 12. Street lights replacement, widened sidewalk and mid-block access to trailheads. *NOT YET APPROVED* 2 13. No lighting on the Adobe Creek Reach and Bay Trails. SECTION 2. The Council hereby approves the Plan for construction of a new year-round, grade-separated, shared bicycle and pedestrian crossing over Highway 101 and Adobe Creek and hereby adopts the Plan attached hereto as Exhibit "A" as part of the official plan for the construction of Highway 101 Bicycle and Pedestrian Bridge. SECTION 3. The City Council has reviewed and adopted a Mitigated Negative Declaration and a related Mitigation Monitoring and Reporting Program for this project by Resolution No. _______ on ____________, 2017 prior to adoption of this ordinance. The Mitigated Negative Declaration concluded that the project would not have a significant effect on the environment with mitigation as proposed. SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Community Services ____________________________ Director of Administrative Services HIGHWAY 101 MULTI-USE OVERCROSSING AND ADOBE CREEK REACH TRAIL | August 30, 2017 SITE PLAN SITE PLAN – ABOVE-GRADE FACILITIES Exhibit A - Site Plan 1 Planning and Transportation Commission 2 EXCERPT MINUTES: September 13, 2017 3 City Hall/City Council Chambers 4 250 Hamilton Avenue 5 6:00 PM 6 7 Call to Order/Roll Call 8 9 10 Present: Chair Michael Alchek, Vice Chair Asher Walfogel, Eric Rosenblum, Ed Lauing, Przemek Gardias, 11 Susan Monk, Doria Summa 12 13 Absent: 14 15 Oral Communications 16 17 18 Agenda Changes, Additions and Deletions 19 20 Action Items 21 22 1. PUBLIC HEARING / QUASI-JUDICIAL. Highway 101 Pedestrian/Bicycle Overpass and Adobe Creek Reach Trail Project 23 [17PLN-00212]: Recommendation on Applicant’s Request for Approval of a Site and Design Review to Allow Construction 24 of a Multi-Use Pedestrian and Bicycle Overpass Structure Over Highway 101 Near San Antonio Road; Construction of the 25 Adobe Creek Bridge and Adobe Creek Reach Trail; and, Reconfiguration of the Adjacent Parking Lot at 3600 West 26 Bayshore Road. Environmental Assessment: An Initial Study/Mitigated Negative Declaration was Circulated for Public 27 Comment On September 1, 2017 and Circulation Ends on October 2, 2017. Zoning Districts: PF(D), PF, ROLM, and GM. For 28 More Information Contact the Project Planner Claire Hodgkins at claire.hodgkins@cityofpaloalto.org. 29 30 Chair Alcheck: Ok, with that I'd like to invite staff to begin Agenda Item Number 2. 31 32 Claire Hodgkins, Project Planner: Thank you. Good evening, Commissioners. Claire Hodgkins, Project Planner. Tonight we're 33 discussing the Highway 101 bicycle and pedestrian overpass and Adobe Creek Reach Trail. The proposed project crosses 34 Highway 101 between the East Oregon Expressway and San Antonio Road overcrossings and it also connects out to East 35 Meadow Drive. Purpose of the project to provide a year round bicycle/pedestrian connection between 36 commercial/residential uses west of Highway 101 and the walking and biking trails east of Highway 101. It also completes the 37 Adobe Creek Reach Trail which leads out to bicycle boulevards. Just a quick summary of the process through previous 38 meetings and hearings Council has already selected the alignment of the bridge, the type of structure, and the budget 39 for the bridge. As you know staff conducted study sessions with the Architectural Review Board (ARB) and the Planning and 1 Transportation Commission (PTC) in May of this year. And our current schedule assumes that tonight we would get a 2 recommendation from the PTC and assumes that in October we would go to ARB and in November we would be going 3 to Council for a final decision on the project. Quick summary of key project changes, staff outlined key project changes 4 that were made to based on PTC comments in the staff report. Specifically you had commented on the following areas 5 where changes were made which is the Adobe Creek Reach Trail paving, lighting improvements, amenity refinements, and 6 especially user safety refinements. I know our Public Works Engineering Team will discussing these key changes in their 7 presentation so I'm going to leave it to them to kind of summarize those a little bit further. So staff recommends that the 8 PTC take the following actions: consider the Mitigated Negative Declaration (MND) and mitigation monitoring and reporting 9 plan for the project and recommend approval of the Site and Design Application to City Council based on findings and 10 subject to conditions of approval in the Record of Land Use Action and that's it for me. 11 12 Chair Alcheck: Ok, thank you. At this time I'd like to open it up. I also don't have any… oh, I do 13 have a speaker card. Bear with me. I’d like to invite Claire Elliott to speak for five minutes. That’s fine, let me just set 14 the timer for you and you can begin. Go ahead. 15 16 Claire Elliot: My name is Claire Elliott and I am a resident of the Ventura neighborhood and I'm also an ecologist with 17 Grassroots Ecology formerly Acterra Stewardship. And we do a lot of habitat restoration and creating habitat in urban 18 parks in Palo Alto as partners with the City. And I’m also a bicyclist. Not as often as I should be, but I ride the trail 19 underneath the 101 and I'm going to be delighted to have a bridge that we can use year round because riding San 20 Antonio is very scary. And I applaud the process and the progress in getting that in. I have provided comments to the City 21 staff about the revegetation of the area where the bridge will land and that's my major interest in being here today is that 22 the Natural Element component of the Comprehensive Plan says that we're going to protect our resources and habitat in 23 our natural areas and this is a damaged natural area that needs some help and since there's some access, more access 24 coming into the area it’d be nice to have it look more aesthetically appealing. And right now my understanding is that the 25 budget is going to allow for some hydroseeding. There's been years of weedy plants growing there because of the 26 disturbance of the area and so that those plants will need to be removed several years in a row or at least a couple which I 27 think we have, but there needs to be budget for that so that any seeding is going to just be overwhelmed by the amount 28 of weed seed that's there. The main thing though is have a budget for actually placing plants and not just hydro seeding and 29 having them be locally specific native plants. And then really important and this is something that I see overall in City 30 efforts is that a lot of money goes towards building or installing things and then the maintenance. We don't have 31 enough budget in this City in general for maintenance of our City parks and for making sure that the people we hire to do 32 that maintenance are trained in how to maintain natural spaces because a lot of people don't recognize the plants that are 33 locally indigenous here as landscaping plants because they're not being used enough for that purpose. So that's the most 34 important thing and I'm hoping that the Planning Commission can advise staff to look for budget to make sure the 35 maintenance goes on and the planting as well in that area. Thank you. 36 37 Chair Alcheck: Thank you. Ok, I'm going to open it up to the Commission. Please light up the board and I will… 38 39 Ms. Hodgkins: Sorry, we would recommend that Public Works Engineering has a presentation as well. 40 41 Chair Alcheck: Oh, I'm sorry. It’s ok, yeah. Sorry, my mistake. 42 43 Megha Bansal, Project Engineer: Good evening, my name is Megha Bansal, I'm a Project Engineer with Public Works 44 Department. I would like to introduce our consultant Roy Schnabel from Biggs Cardosa Associates. Tonight we will focus our 45 discussion on refinements in design that we made based on input received from the PTC back in May of this year, but I would 46 like to take a moment to go over the key project elements and then Roy will discuss the refinements in the design. So as you 47 can see on this slide the project includes principal span structures consisting of self [unintelligible] steel trusses across 1 Highway 101 and East and West Bayshore roads with concrete approaches and 12 wide pathway. To the west of Highway 2 101 Adobe Creek Reach Trail connects two new trailheads and there is Adobe Creek bridge at the confluence of Adobe and 3 Barron Creeks. There is also a pedestrian access ramp that is incorporated in the western approach structure. To the east 4 of Highway 101 we have an overlook included with the [east up road] structure and a new trail head at the connection of 5 bridge that is actually a [roundabout] that connects the bridge to San Francisco Bay Trail. The project also includes some 6 landscaping, habit restoration, lighting, signage and amenities. And Roy will go over in detail on those. With that I turn it 7 over to Roy. 8 9 Roy Schnabel, Biggs Cardosa Associates: I wanted to highlight some of the decision making points as that’s where 10 some of the signage and areas of signage that will be incorporated into this project. First the pedestrian access structure as 11 you guys recall this was in lieu of putting a staircase we extended the sidewalk and extended the sidewalk over across the 12 Adobe Creek and Barron Creek confluence to allow for an extension of the sidewalk and equal access Americans with 13 Disabilities Act (ADA) compliant equal access to the other side which currently does not exist. It also allows us to retain 14 the bike lane which was being shared by the pedestrians and creates a better safer sort of controlled sidewalk situation. For 15 this area the decision making points are going to be the areas where a lot of the signage is going to be located for this 16 pedestrian access structure. We anticipate placing dismount signs for the bicyclists both at the beginning at the end of the 17 access ramp. Next slide. At the Adobe Creek trailhead a lot of this is being controlled by our coordination with the Water 18 District and our coordination they asked us to reduce the number of amenities that were in that area and so we've 19 done that. One of the additional revisions per the recommendation of this Commission is that we are going to now pave the 20 trail. So that now is included in this project. At Meadow Drive at the other end we are going to place a raised sidewalk and 21 some chicanes consistent with another City project which connects to this area so we're putting something that's 22 consistent with that project and reflects similar elements. And then at the other end at the Baylands we have a 23 roundabout and this is very similar to what we showed previously. It has been coordinated with Palo Alto Bicycle Advisory 24 Committee (PABAC), City staff and basically these are all the areas where we're probably well we will have wayfinding 25 signage and directional signage. 26 27 The project included a baseline railing concept which was approved by Council and that included steel railings with chain 28 link vinyl clad. We have been asked by the ARB to review some alternatives so we've done that so we're reviewing some 29 railing alternatives which include welded weaved wire mesh and welded wire mesh as an alternative to the chain link and so 30 we're reviewing that and looking to put that as railing [adds additive] alternatives. The overlook is consistent with what we 31 presented before with several changes. The benches it was requested the benches have armrests and backs. The benches are 32 going to be designed by the artists that's part of this project and they've been informed about the need for armrests and 33 back rests and those are currently in design. We have also added of an area for bike storage which includes some 34 bike racks so that there is a defined place to locate bikes for people who want to, bicyclists who want to use, utilize this 35 area. It has required a little bit of an extension of the overlook and localized areas to accommodate some of these features. 36 Landscaping; the area in the parking lot at 3600 West Bayshore is where the majority if not all of the impacts still to the 37 trees are being contained. We are going to replace per the City ordinance and code, tree code, the canopy areas for 38 the trees that we’re impacting; however, this area cannot fulfill replacement of the entire trees that we’re impacting in this 39 area. We're planning to replace based on conversations with the City Landscape Architect, the City’s Urban Forester and 40 with, in collaboration with some of the stakeholders involved in this project to plant native species in this area. We're 41 also planning to locate some additional trees and plants on the Bay Trail on the Baylands side adjacent to the Bay Trail in the 1 area that we're also doing habitat restoration for the non-native species that are being impacted by our construction 2 operations. The plan as you heard from Claire is to do a hydro seeding and some localized planting in that area. With regards 3 to the lighting, the lighting is still consistent with what we presented previously. It's a combination of rail mounted 4 lighting and pole lighting. The pole lighting is only on the west side to avoid perching situations on the other side. The 5 change the one change to the pole lights is that we went to a head mounted light in lieu of the other lighting fixture that 6 we had based on recommendations from ARB to match some of the context and vocabulary of the existing or of the 7 proposed structure so we've done that. We’d also be utilizing the same form for the two street lights that are also being 8 impacted by this project and being replaced by this project so it'll have the same sort of vocabulary as these lights. With 9 regards to signage the left is what was recommended by staff based on conversations. We are going to limit the signage 10 to destination, distance, and direction and not put duration. We're also planning some toppings that are project specific and 11 identify this as a trail, multi-use trail. With regards to the etiquette signage the etiquette signage will be sporadically 12 placed along the trail and the signs that are shown here are recommendations from staff in collaboration with PABAC. 13 They are currently creating some shared path signage that will be standardized and so we don't have the formal ones yet, 14 but this is the general direction that the etiquette signs are basically following. With regards to the amenities it's also 15 similar to what we presented previously. There is a reduction based on what the Water District wants on the Adobe Creek 16 trailhead area. The only other change is the bike racks. The specialized bike rack that we had shown previously was 17 revised to something that was utilized in other areas in the City and that the City Maintenance preferred so that we could 18 standardize some of the bike racks. So this is the bike rack revision. 19 20 Ms. Bansal: And real quick on the schedule we have completed 35 percent design. Currently initial study is in circulation. 21 After tonight's hearing we have tentatively scheduled park improvement ordinance meeting with PRC in September followed 22 by ARB hearing in October and California Environmental Quality Act (CEQA) adoption by Council in November. Caltrans 23 [unintelligible] approval and right of way and final design will follow CEQA approval. At this point a site and design 24 review and CEQA approval is on critical path on our schedule to take us to construction beginning of 2019 and 25 completion by 2020. So that concludes our presentation. Thank you. 26 27 Chair Alcheck: Ok, thank you. Alright at this time I would invite Commissioners to weigh in. Please use your lights, 28 switch the metal switch up. And I will begin to call you. Ok, start with Commissioner Gardias. 29 30 Commissioner Gardias: Thank you. Thank you for your presentation. Thanks for coming and showing us the progress 31 today. I am very pleased with the change that indicates that there will be access along the Adobe Creek. This is the change 32 that was not present on the prior drawings so or maybe I didn't notice so if you could just share the history because it's a 33 positive improvement. I have always been lobbying for opening those closed access roads to Palo Alto citizens and it’s 34 maybe one percent success, but it's a gigantic step forward so I hope that we can open the remainder of them. So if you 35 could share your experience how it happened in Santa Clara Water District agreed to do so. 36 37 Ms. Hodgkins: I'll just start briefly and turn it over. Planning staff was not at the meetings, but Public Works Engineering 38 was at all of the meetings with Santa Clara Valley Water District. I think it was always the intent that we were, we hoped to 39 open that trail obviously and it requires some negotiations with Santa Clara Valley Water District. And they weren’t shown; 40 it wasn't shown completely on the previous plan set so you're correct. We had spoken about it orally, but it wasn't on the 41 actual plans in the initial study session, but with that I'll turn it to Roy if you have anything to add to that. 42 43 Mr. Schnabel: Yeah, so part of the discussions with the Water District has been to utilize the trail and open it 1 throughout year round and they have they had agreed to do that in the very early conversations and we had we had 2 shown that in the previous study session. The thing that's different is that we didn't have the paving. It was still the 3 crushed gravel that was there so we've added based on the recommendations we've added that to the project. And so 4 now it's going to be a paved trail all the way continues through from Meadow to West Bayshore so. 5 6 Commissioner Gardias: Very good. Congratulations on this positive from my perspective improvement. And minor 7 detail when it butts against East Meadow Drive. Is there any fencing planned? I can imagine that there is a bike and 8 when I was thinking about this access road I notice that pretty much that those access shoulders they are wider on one 9 side and narrower on the other side. They pretty much they change sides at every intersection and I cannot see this on 10 these plans, but I can imagine that maybe on the other side if you continued along the creek there would be a wider road 11 on the other side as opposed to on the same side of the creek, but I'm saying this because with prospective thinking and 12 maybe hope that they will be at other side open at some point in the future there should be some barrier at the end of 13 this bike corridor so the bike cannot enter the road rapidly unobstructed and then pretty much crash into a car or vice 14 versa. 15 16 Ms. Hodgkins: Yeah, I believe we have bollards at the end that are required for that very purpose. 17 18 Commissioner Gardias: There is something, yeah? 19 Ms. Hodgkins: Yeah. 20 Mr. Schnabel: The bollards are for two purposes. One is to slow down the bicyclists through that connection, but they're 21 also to prevent vehicles from entering and accessing. So the Water District is requiring that we provide some sort of 22 preventive measure for vehicles to enter into that. 23 24 Commissioner Gardias: I’m not talking about this. I'm not talking about the bollards. I'm talking about the physical fencing 25 or some barrier so if somebody rides a bike along this opened pathway doesn't cross the street immediately, but is 26 forced to stop. Because there is no crossing there, right? And then I think that the view may be obstructed because there is 27 a fencing… a commercial building or office building fencing on one side and some trees if I remember correctly. So I don't 28 believe that visibility is clear so I'm afraid that the bike would…somebody would be writing a bike, could be a kid, and then 29 pretty much cuts through the road and there is a car coming from the other side and then pretty much doesn't see the kid. 30 31 Ms. Hodgkins: Right, yeah. So two things; that is the purpose of the bollards though that we are putting on there in 32 addition to stopping vehicles it's intended to slow down bicyclists as they exit out. And also the project does include a 33 new crosswalk across there. 34 35 Mr. Schnabel: It's going to be a raised crosswalk. 36 Ms. Hodgkins: Raised crosswalk which basically intended to slow down. 37 Commissioner Gardias: Ok, but the crosswalk is at the same, it's extension of the same (interrupted) 38 39 Mr. Schnabel: Side route. 40 41 Commissioner Gardias: Route. Ok, so I don't believe that this is the right solution. I would suggest the crosswalk is shifted 42 towards the middle of the bridge just to pretty much to enforce stopping of the bikes. 1 2 Chair Alcheck: I’m sorry Commissioner Gardias, do you mind Commissioner Summa and I are trying to figure out which 3 intersection you're talking about and make sure we also understand. 4 5 Commissioner Gardias: It’s intersection of this, this is on Page 7.1 with the drawings and then if you can see the red line 6 indicates that paved access road along the creek and then you see the green lines along East Meadow Drive. So I'm 7 talking about the intersection of this newly opened bike plus pedestrian route at with East Meadow Drive. Story. 8 9 Mr. Schnabel: So as I understand you're asking for an offset of the chicanes (interrupted) 8 10 Commissioner Gardias: That's correct. 11 Mr. Schnabel: Crosswalks (interrupted) 12 Commissioner Gardias: Yes. 13 Mr. Schnabel: To slow down (interrupted) 14 Commissioner Gardias: Yes. 15 Mr. Schnabel: The bicyclists and pedestrians even more. 16 Commissioner Gardias: Exactly, yes. 17 Ms. Hodgkins: Yeah, I mean we can certainly look into that option. Yeah, thank you. 18 Commissioner Gardias: Sure. Thank you very much. I continue at the next round. 19 Chair Alcheck: Ok, thank you Commissioner Gardias. The next light I have is Commissioner Summa. 20 21 Commissioner Summa: So thank you everyone for the presentation. Also I'm I think the public is very happy that we're 22 going to get this bridge and I think it will be well used. I appreciate Commissioner Gardias’ concern. I hadn't thought of 23 it, but if but if there's a way to make that safer I think that's a good idea. I know that one member of the public also 24 might have been referring to the same situation in a letter we had in the packet. So I had an earlier I had a preference for 25 there not being any pole lights and just lights down low, but I guess staff looked at that pretty thoroughly and they feel that 26 the pole lights are necessary for safety reasons. Is that correct? 27 28 Ms. Hodgkins: That's correct. I think that there was a general feeling that at least in some locations the taller pole 29 lights were more appropriate particularly in locations where there were there wasn’t railing on both sides to provide 30 sufficient light to make it feel safe for people. 31 32 Commissioner Summa: Ok, and the other observation I had and this was reinforced by our speaker Ms. Elliot is that it 33 would be to enhance the plantings on either end most especially with native plants. It just seems a little bare both of 34 the entry points. So any room that you have that obviously we don't want to take away room from the pedestrians and 35 bicyclists, but any place that you can put more vegetation, trees, shrubs, whatever and also if you could look into her 36 concern that the hydro seeding will be ineffectual if there's not years of weeding proceeding it and maintenance 37 afterwards. I also observe that sometimes we with the best intentions we plant things in City places and they're not 1 very well maintained and of course there's exceptions to that rule. And I have a strong preference personally for 2 native plants there and other than that I think it's a great project and I'm glad to see that it's going to be started pretty soon. 3 So thank you. 4 5 Chair Alcheck: Thank you, Commissioner Summa. The next light I have is Commissioner Lauing. 6 Commissioner Lauing: Thanks very much. Sensitive to our specific purview still I’d like to ask a few questions. I do note that 7 you reference that in March 28, 2016, Parks Commission saw this and I was on Parks Commission at that time and that's 8 what you say there, but it was about six years before that that we first got introduced to how are we going to get people to 9 cross over there. So I’ve had a long history with it so for me it's really exciting that we're getting closer. We’re getting 10 closer and people can actually get to the Baylands safely on a bike or by walking. What ended up being the overall budget? 11 And I think that was made up of both grants and other funds and a separate grant from Google? 12 13 Ms. Bansal: Yes, so the total project budget is $14 million. 14 Commissioner Lauing: $14? 15 Ms. Bansal: $14. 13 16 Commissioner Lauing: And how much of that was a grant in addition to Google? 17 Ms. Bansal: So it includes Santa Clara... 18 19 Commissioner Lauing: $3 million-ish as I recall? 20 21 Ms. Bansal: Yeah, that is $4 million. Let me, I have a… yeah, so that includes Santa Clara County that creation fund $4 22 million and then a federal grant, One Bay Area Grant’s $4.35 million, City’s General Fund $4.65 million, and Google 23 contribution $1 million. 24 25 Commissioner Lauing: Ok. There is one reference in here if I can actually find it or you mention short term on Page 18 of the 26 packet, minimal short term traffic impacts associated with construction which obviously is in our purview. What will that 27 actually look like and for how long? Meaning will that effectively create should I call that a non-bridge there? Will it be 28 a blockage where people can't get across? I’m just trying to visualize what the construction is going to look like even 29 though you say it's minimal. It's not going to be only two weeks so I'm just trying to get a feeling with that's going to look 30 like. 31 32 Ms. Hodgkins: So are you asking how long construction is going to take basically or how long we might expect kind of peak 33 construction? 34 35 Commissioner Lauing: How long and… that’s fine and is it going to take up a half a mile or 10 feet and we just order of 36 magnitude kind of... What are our citizens going to look at and have to drive by and bike by during the timeframe? 37 38 Ms. Hodgkins: Yeah, I… 39 Commissioner Lauing: I didn’t mean that to be such a hard question. 40 Mr. Schnabel: So specifically first with regards to the freeway there will probably still be some night closures for the 41 erection. 42 1 Commissioner Lauing: Ok. 2 3 Mr. Schnabel: We're probably going to take the shoulders for construction of the [bents] that 4 are adjacent to the freeway right at the border of the Bayshore Roads, frontage roads, and the freeway. That will also impact 5 the Bayshore Roads during construction of that and we’ll likely create a one lane situation which will be the current 6 strategy is to do a one-way signalized traffic for that duration. That's probably a two to three month duration for the 7 construction of those foundations. Once the erection of the [vain] spans, the steel spans occurs there should be very little 8 traffic impacts to Bayshore and the freeways except for the construction traffic. 9 10 Commissioner Lauing: Ok. So the process that's been used on Bayshore before there Geng Road and so on was that kind 11 of signal light? 12 13 Ms. Hodgkins: Yeah. 14 15 Commissioner Lauing: It’s getting through to East Palo Alto during that time frame was… it was very long. 16 17 Mr. Schnabel: Yeah, it's just what we've tried to do is minimize that and mitigate that utilizing constructing, the 18 construction techniques that have advanced over the past 10 to 15 years. And we're utilizing systems that are much 19 smaller with regards to foundation footprints. So basically both the technology and the amount of impacts are mitigated 20 from what's been done over the last 10 years or so. 21 22 Ms. Hodgkins: So just to clarify too the time periods for the lane closures on East Bayshore Road would be minimized. It 23 wouldn't just be all day every day for three months. We would be reducing it so that it's not impacting commute hour traffic 24 and it was specific we specifically chose to do it in that way so that instead of closing East Bayshore Road which would 25 have basically we would have had to reroute traffic through residential neighborhoods which obviously would have been 26 much more impactful to residents. 27 28 Commissioner: Ok. 29 30 Ms. Hodgkins: Oh, no. Did that answer your question? 31 32 Commissioner Lauing: Yeah. Thank you. Back over on the actual mitigation toward the end where you talk about existing 33 trees with a circumference so on and existing visitation should be retained as much as possible. I'm not as familiar with the 34 exact vegetation there as I am with the golf course which we also renovated in the Parks Commission, but we took out 35 in Parks something like 600 trees and it was very important to communicate to the public that that was actually a good 36 thing for two reasons. One is that a lot of them were non-native. They were invasive so they really shouldn't be there. And 37 secondly the restoration there was natural Baylands habitat and so on. So that sounds like that's exactly what you're doing 38 here. When you have to put stuff back in you're not putting up non-native trees just because there was a tree there, but 39 you're saying no, this is the Baylands and we should be putting stuff in here that fits. 40 41 Ms. Hodgkins: Correct, yeah. I definitely would agree with the conclusion that overall it's an improvement in terms of 42 habitat restoration for the area and much more native species than are existing there today. 43 44 Commissioner Lauing: The reason I’m bringing this up is sometimes we tend to count dead trees and that's really not 1 the metric. So that's why I'm raising it so that we should have public communication on that so that they understand it. 2 And then just overall I want to comment that I really appreciate you commenting when we make comments and 3 they're not going to happen that you gave us the reasoning for it from ARB or the Council or whatever. So that's really 4 helpful and much appreciated. Thank you. 5 6 Chair Alcheck: Thank you, Commissioner Lauing. Next is Commissioner [Note Vice-Chair] Waldfogel. 7 8 Vice-Chair Waldfogel: Whoops. Thank you and thank you to Claire, Megha, and Roy for the presentations. Appreciate it. 9 So after many, many years on this project, not sure does it go back to 2010? 10 11 Commissioner Lauing: I think so. That was pre-project, but that was kind of planning time. 13 12 13 Vice-Chair Waldfogel: Pre-project. Ok, so many years. I think we should collectively breathe a sigh of relief that something 14 is moving forward, but the same time I think we should just paused for a second and ask ourselves why after all of this 15 time, all this effort, this is the design that we're ending up with. I think I said this at the last meeting as well that honestly 16 this design is what a village builds over a stream. It's not what a city builds over a major highway, a prefab trestle. And 17 why is this a problem? It's a problem because in the Comp Plan we set goals for good design and it's disappointing 18 when I don't see great design in front of us. We're connecting the urban boundary to the Baylands and I think 19 that the design really needs to reflect that connection. And the problem is how do we demand that private developers 20 bring their A game to design which is something we try to do in the Comp Plan when we don't do the same thing to ourselves 21 in City projects? I mean I think this is a problem. I mean the east side makes a lot of sense in the Baylands context I 22 mean it's really an appropriate design for that context, but the west side on the urban side doesn't really make a lot of 23 sense. And it makes this makes me really pessimistic about other City designs that I think that we’ll see going forward. I 24 mean about the parking structure designs are going to bring A game designs forward or not? Grade crossings, will we bring 25 our A team our A vision? Because I think what we're signaling with this design is that the only thing that matters is cost. I 26 mean we've cost engineered this to the point that we're basically building a trestle. I mean I think some people may 27 applaud that, but I think that if we have City ambitions that we really need to have a bigger vision than this for the kinds of 28 designs that we bring forward. And I really hope that the project doesn't get value engineered anymore from this point. I 29 mean things like the ARB recommended fence improvement actually seems like an important move, a vinyl fence versus 30 a steel fence seems like a significant difference in materiality and in user experience for the bridge. So if we were taking a 31 specific vote on the design for this I would definitely have to take a pass on voting for that. I mean if the question that 32 we're voting on tonight is whether this meets other Environmental Impact Report (EIR) criteria the answer is yeah, I 33 think it does. I mean I think that this project has been worked to the point that it that it absolutely does, but I mean that 34 said I'm still inclined to abstain tonight and I really hope that the ARB takes another look at this when they see this in 35 October because I would just really like to see us bring our A game when we take on major civic projects. 36 37 Chair Alcheck: Thank you, Commissioner [Note Vice-Chair] Waldfogel. Next is Commissioner Rosenblum. 38 39 Commissioner Rosenblum: I also thank you for bringing this and I'm so excited to see the project move forward. I 40 can't believe it's been this long. I was I used to be a Googler. I lived on East Meadow and so this was when it was closed, 41 when the underpass was closed it was very painful. When it was open it was delightful, but even that it was delightful it 1 was not a great solution. And so this is going to be wonderful. I have the same concerns that Commissioner Lauing has 2 after seeing this project. I have our PTC findings which are listed as in short: construction operation in a manner that 3 should be orderly, harmonious, and compatible etcetera; to assure the desirability of investment or the conduct of 4 business, research, educational activities; to ensure the sound principles of environmental design and ecological balance will 5 be observed; to ensure that the use shall be in accord with the Palo Alto Comprehensive Plan. I think on all of these findings I 6 think we have to say yes, it has met these criteria and in fact in our previous meeting we're down to very small items. My 7 concern is the same as Commissioner Lauing’s which is once this gets going the degree of disruption to both the 8 neighboring streets and the existing underpass so to the extent that you have construction that is supposed to start in early 9 2019 through Spring 2020 that so lose a year of service for that the underpass and I know it's only open for half the year 10 so we lose half a year of service for example is still a loss. And so just my only concern with this is degree of disruption 11 and if it actually extends any farther the alternative to what we have there is quite dangerous and pretty bad. I have one last 12 request though and again my experience as a Googler using this it took me three or four tries before I found out kind of an 13 optimal way to go. In fact the first time I got completely lost and I couldn't figure out how to get there. And I would tell my 14 colleagues once I kind of cracked the code you should really do this, this is great and none of them wanted to go through the 15 exploration of figuring out. And it is not obvious. There's like some places you have to jump over like little bits of 16 Shoreline Park and get onto sidewalks. Its… I would work or my request is that given that Google is involved this should be 17 fairly straightforward, but work with Mountain View and the other side when you come across the other side there should 18 be corporate signage. So it should tell you if you're going to Intuit here's how you go. If you're going to Google here's 19 how you go. If you're going to whatever LinkedIn if it still exists there. So the major employers it would be very helpful to 20 have a guide on the other side how to get there because I really hope we encourage the people that are currently in 21 their cars going to work that they find that this is a really delightful and easy alternative. But my fear again I was the 22 power user there. It took me a while and that's not solved by having a bridge. The wayfinding on the other side was 23 poor. So my request is that the signage which I note the designs are quite clear, but I don’t see a category for sort of 24 corporate wayfinding and I'm hoping that becomes a major category of users. Well I guess I should ask is that 25 something that's a possibility? Is that something that you're in favor of/can be done? 26 27 Ms. Hodgkins: I think we'd have to think about specific wayfinding to specific companies. I don't see any reason that it 28 wouldn't be, but yeah we can certainly reach out to them and see if that's an opportunity. I think we have considered 29 wayfinding to other more major locations like Shoreline Amphitheatre and whatnot. If you want to add something? 30 31 Mr. Schnabel: Yeah, I think for the scope of this project it's kind of hard because we're such a…as you said it's a bigger issue 32 than just the bridge. I think that needs to be tackled from a global standpoint and we've talked to staff about wayfinding 33 and they were sort of taking care of wayfinding outside of the area. We were sort of taking care of the individual 34 wayfinding for this, but I think that's probably something that you should discuss with the Transportation staff to sort of how 35 that (interrupted) 4 36 37 Ms. Hodgkins: Yeah, I don’t (interrupted) 38 Commissioner Rosenblum: I strongly suggest this. I mean we’re talking about some of these campuses may have 10,000 39 people sitting at one of these campuses and there's like six of them over there. So it's a major source of people and I do 40 think this is a major barrier. I think there is some reticence to use this when it takes some time to figure out where you're 1 going. 2 3 Ms. Hodgkins: Yeah, of course. I will definitely be talking to Transportation staff and we’ll work with other agencies and 4 jurisdictions to see what we can do for that. 5 6 Commissioner Rosenblum: Thank you. I have nothing further. I think that you've met the findings that the PTC is required to 7 find. 8 9 Chair Alcheck: Ok. Thank you. Commissioner Rosenblum. I have Commissioner Gardias. 10 Commissioner Gardias: Thank you very much for the second round. So in terms of the signage I talked about this 11 like a one year ago. So I mean if in terms of the of having a signage to Google I would agree, but it would have to 12 come with a hefty price tag like a million dollars per signage. Something like this because it is different than 13 the City related signage. And before we invented the signages that were just pointing us to two other locations 14 there were natural signages like for example Asher's living room or Mendy's Inn something like this. There 15 was naturally developed signage that was posted on the posts and trees throughout the country. And then at 16 a certain point of time it was replaced by us with pretty much just removing those and then replacing with our 17 standardized boards that don't mean much to the citizens. I’d rather see signage that reflects pointing to the 18 to the interesting locations within the Palo Alto like for example Eichler’s Swimming Club, something like this that 19 means something to us since this is under jurisdiction. But if others would like to have their post on the signage or 20 add their signage that would be fine, but I think that I would ask very much to pay for it because it's a would 21 be related to the corporate advertisement from my perspective. 22 23 Jonathan Lait, Assistant Director: So yeah, I appreciate your comments tonight. I appreciate 24 Commissioner Rosenblum's comments as well. I mean this is I think the interest there is to find some way to if it's possible 25 find some way to provide, make it easier, and encourage more people to bike instead of drive to different campuses. 26 And there may be all kinds of discreet signage that can be employed, but even before we get there we’d want to have a 27 conversation with other municipalities, talk to our Transportation Department, we’d actually reach out to other 28 interested stakeholders in the area to have a conversation about that to see if it's something that can be done in a discreet 29 way. So but your comments are understood and we’ll also consider that as we move forward. 30 31 Commissioner Gardias: Very good, thank you. But I would like to add a second comment about this what Vice-Chair 32 Waldfogel was talking about that the design of the bridge. I'm already I slept with it so I'm not going to comment on this 33 so I and I you can look up the minutes I shared my disappointment with the design back then. But what I would 34 recommend, I would recommend that you go and you visit Palo Alto Unity Church that is located by the by the 35 overflow creek and look at the barrier how it was designed. This is quasi a Frank Lloyd Wright design. I think it was must 36 have been done by one of the Taliesin architects or somebody that followed Frank Lloyd Wright. And then pretty much 37 when you look at the when you go to the church there is a bridge that crosses the creek. It's like pretty much maybe 38 like 20-30 yards away from Middlefield or? Yeah, maybe Middlefield. And then if you come closer that bridge has a railing 39 that's also designed following Frank Lloyd Wright patterns and then it opens. So pretty much it's flexible that it opens on 40 both sides, has leaves like doors, and then pretty much it allows that the traffic along creek to pass through if the gate 41 is open. So I would be looking in your design and maybe in the barrier that would stop the bicyclists from crossing 42 suddenly the street some consistency of a higher class if possible. If we cannot just do this with the bridge I would just 43 maybe start proposing something maybe consistent with that railing, just go there and take a look at this, and then a 44 think about this what's going to happen in 10 years if we're going to open many of the major access roads along the 45 creeks it would be nice to have uniform thinking, uniform fencing, uniform design across those roads. And my last question 46 and my last comment is rather a question because I remember like year and a half ago we talked about the bicycle 1 route along the Fabian Road. Yeah, so what happened because I remembered that back then there was a the project 2 was showing that there will be from the bridge and maybe this was one of the options, right, so help me with my memory. 3 So I remembered that from the bridge the trail would be going directly to Fabian Road as opposed to going along the 4 creek. Which for me is an improvement, but I'm wondering how this affects the design that we looked at before? 5 6 Ms. Hodgkins: I believe there's two options you can continue onto Fabian or you can continue onto West Bayshore Road 7 and then continue on to Fabian again, but the Adobe Creek access trail provides an alternate option to Fabian to going 8 around to Fabian Road that based on comments from the PTC and from the public is much safer. 9 10 Commissioner Gardias: Oh, sure. Ok, I simply didn’t remember how it was. So it was one of the options. Thank you very 11 much. Thank you. 12 13 Chair Alcheck: Ok, I have one more light from Commissioner Rosenblum. 14 15 Commissioner Rosenblum: Yeah, I just want to respond to Commissioner G ardias just in case there is confusion around 16 my comment also to staff. It's certainly not corporate advertising or at least that's not what I'm proposing. I think that 17 the purpose of building the bridge is to encourage cycling and to get people out of their cars if possible. If you drive to 18 Shoreline or any of those exits it's pretty obvious that a lot of the traffic is driven by the corporate campuses in that area 19 and what we've built here is a really nice alternative. We recently studied the Stanford general use plan and even 20 though I was recused from that meeting I read the report and one of the issues is trying to get people out of the cars that 21 actually live pretty close. It's difficult they don't really run shuttles all through Mountain View and Palo Alto. So it’s people 22 that live within a couple miles it's actually quite difficult to get them out of their cars. And indeed Google doesn't run 23 shuttle buses through Palo Alto. And so my purpose was you have several thousand employees that live on this side of 101 24 and have to get to the other side of 101 every day and most of them get in their car. And so my purpose to that 25 comment was If you make it easier for them to cross the bridge and bike, same thing with the other corporate campuses 26 then why not do that? So it's a net benefit. And sure I mean if we want to put, sell signage I personally again I think that 27 this conflicts with our goal of the beautiful city and having the Nascar look of sponsored by Intel and Google, whatever. 28 But I'm not a marketer, it's up to others. But that was my purpose; my purpose was to try to increase usage of the road 29 or of the bridge and the costs we're talking about $14 million I don't know what the average lifetime of these things is, but if 30 it's say twenty years and you have 500 users per day, three hundred and sixty-five days a year you're still talking about $4 31 per use and 500 per day is a lot if you think about just the daylight hours that we’re using this. And so I really want a 32 lot of people to use this. The whole purpose of this I think is to get people out of their cars and across that bridge and I think 33 that getting these corporations on board with teaching their employees we can I think that would go a long way. So anyway 34 that was the purpose of it not the advertising aspect. 35 36 Commissioner Gardias: Yeah if you don't mind just me responding. I mean this is I totally (Interrupted) 37 38 Chair Alcheck: Just a sec, just a sec, just a second. Thank you, Commissioner Rosenblum. Commissioner Gardias. 39 40 Commissioner Gardias: Thank you. So I totally acknowledge their effort, right? They granted us $1 million and they are just 41 doing great work. So it's not about this, right? I think that they will find a way to their corporate offices. What I'm saying is 42 that pretty much this is that we shoul just make sure that this City has its own character, unique character and for this 43 reason I think that with an acknowledgement of their effort I just think that we should just focus the City on our internal 44 values and internal orientation points as opposed to of the on the others knowing that they will find their way I'm sure. 45 There will be some other technology that they will developed very quickly. 1 2 Chair Alcheck: Ok, thank you, Commissioner Gardias. I just want to remind everybody let's really rely on our lights 3 tonight. I have a light from Commissioner Summa. 4 5 Commissioner Summa: Thank you, Chair. I just wanted to say something about the design process because I haven't 6 been on the Planning Commission for the years it was discussed. And I really appreciate Commissioner [Note Vice-Chair] 7 Waldfogel and Commissioner Gardias’ concerns about character of the City and quality of design. I'm I was also disappointed 8 after the very long process we had and the design competition and whatnot, but I… and so I do appreciate those comments 9 very much. I guess at this point I think that this is kind of the bridge we have so despite my disappointment with the 10 design and the process I think I will be able to support it, but I just so I just wanted to share that. 11 12 Chair Alcheck: Ok, thank you, Commissioner Summa. I want to thank everyone for their input and their feedback. I’ll just 13 respond that I think this bridge represents sort of two very different uses. It's a recreational bridge in some regard, but it's 14 also a commuter tool. I think that Commissioner Rosenblum’s ask tonight is very representative of his passion for 15 Transportation Demand Management (TDM) advocacy. This idea that maybe I would assume that Commissioner 16 Rosenblum would be in favor of signage on many of our streets that said something like hey, what about biking to work 17 today? And I imagine that a recreational user who came over the bridge and saw a sign that said Google, one mile, this way 18 would think twice oh, you know that's interesting and then mention it to their neighbor. You know what? You can just take 19 that bridge and it's a very quick ride… I think that that idea of sort of getting sort of advertising that this is both a 20 commuter tool and also recreational tool is important. And so I think those two purposes need to sort of be 21 balanced. So I would I think that's a great recommendation. 22 23 With respect to the design I sat on this Commission when we made our vote for the design that we liked the most as part of 24 a design competition. And that was sort of a thrilling process. It was very much fun actually. But I think that this result is 25 very emblematic of the challenge of sort of satisfying everyone that when we went through that design process we 26 had many members of our community who suggested that there are far better things to spend our money on. And that is a 27 challenge that we approach with almost every project in this City and every applicant on the private side has to approach 28 with their projects is how do they sort of budget all of the desires they might have. So I think we have we're here we’re I 29 from my perspective what we have in front of us is not perfect, but it is good enough and hopefully whatever funds that 30 we saved on this design will sort of meet the needs that the City has in other respects. So I turn to the Commission now. If 31 anybody would like to make a Motion with respect to this agenda item I would appreciate it. Commissioner Rosenblum. 32 33 MOTION: 34 35 Commissioner Rosenblum: Yeah, I'd like to make a Motion that we find this project consistent with our PTC required 36 findings. I don't know if we need to name each of the findings staff or the Motion say that we find this consistent with the 37 findings under our purview? 38 39 Ms. Hodgkins: I think you could say as recommended by staff because staff did include findings and rationale. 40 41 Commissioner Rosenblum: Ok, yeah. Then I recommend the PTC find that this proposal is consistent with staff’s 42 recommendation. 1 2 Chair Alcheck: Can I get a second? 3 4 SECOND 5 Commissioner Lauing: Second. 6 Chair Alcheck: Thank you, Commissioner Lauing. Would either of you like to speak to your Motion? 7 8 Commissioner Rosenblum: Just very briefly. 9 10 Chair Alcheck: Commissioner Rosenblum, go ahead. 11 Commissioner Rosenblum: I think that everyone has already said or given their position they think within the narrow 12 purview of the PTC that this has met our hurdle and that the objections that I've heard have been more around design, 13 ARB issues, and are more around suggestions for other things to do and study. But in terms of the purview that we have 14 I’ve heard from other Commissioners I believe that the elements of the EIR, etcetera that we are asked to look at and are 15 outlined in the report were met. 16 17 VOTE 18 Chair Alcheck: Ok, thank you. Seeing no other lights I'm going to put this to a vote; all those in favor of supporting the 19 Motion on the floor please raise your hand and say aye. All those opposed? Ok and abstentions? Alright, we have six in favor 20 and one abstention, Commissioner [Note Vice-Chair] Waldfogel abstains. Great, thank you very much. With that I'm going to 21 close Agenda Item Number 2. Let's take a 10 minute break as we prepare for our discussion on Agenda Item 3. Thank 22 you. 23 MOTION PASSED (6-0-1, Vice-Chair Waldfogel abstained) 24 25 Commission Action: Motion to support staff’s recommendation made by Commissioner Rosenblum, seconded by 26 Commissioner Lauing; motion passed 6-0-1 (Vice-chair Waldfogel abstained). 27 City of Palo Alto Page 1 1 ARCHITECTURAL REVIEW BOARD 2 EXCERPT DRAFT MINUTES: October 19, 2016 3 City Hall/City Council Chambers 4 250 Hamilton Avenue 5 8:30 AM 6 7 Call to Order/Roll Call 8 9 10 Present: Chair Alexander Lew, Vice Chair Kyu Kim, Board Member Wynne Furth, Peter 11 Baltay, Robert Gooyer 12 13 Absent: 14 15 Oral Communications 16 17 18 Agenda Changes, Additions and Deletions 19 20 21 City Official Reports 22 23 1. Transmittal of the ARB Meeting Schedule and Attendance Record, and 24 Administrative Staff-Level Architectural Review Approvals 25 26 Action Items 27 28 2. PUBLIC HEARING / QUASI-JUDICIAL. Highway 101 Pedestrian/Bicycle Overpass and Adobe 29 Creek Reach Trail Project [17PLN-00212]: Recommendation on Applicant’s Request for 30 Approval of a Site and Design Review to Allow Construction of a MultiUse Pedestrian and 31 Bicycle Overpass Structure Over Highway 101 Near San Antonio Road; Construction of the 32 Adobe Creek Bridge and Adobe Creek Reach Trail; and, Reconfiguration of the Adjacent 33 Parking Lot at 3600 West Bayshore Road. Environmental Assessment: An Initial 34 Study/Mitigated Negative Declaration was Circulated for Public Comment On September 1, 35 2017 and Ended on October 2, 2017. Zoning Districts: PF(D), PF, ROLM, and GM. For More 36 Information Contact the Project Planner Claire Hodgkins at 37 claire.hodgkins@cityofpaloalto.org 38 39 Chair Lew: Ok, I think we’ve got the presentation up. This is item number four which is a 40 public hearing for a quasi-judicial item, Highway 101 pedestrian/bicycle overpass and Adobe 41 Creek Reach Trail Project. Recommendation on applicant’s request for approval of a Site and 42 City of Palo Alto Page 2 Design Review to allow construction of a multi-use pedestrian and bicycle overpass structure 1 over Highway 101 near San Antonio Road; construction of the Adobe Creek Bridge and Adobe 2 Creek Reach Trail; and reconfiguration of the adjacent parking lot at 3600 West Bayshore 3 Road. The environmental assessment is an Initial Study/Mitigated Negative Declaration was 4 circulated for public comment on September 1, 2017, and ended on October 2, 2017. The 5 zone districts is PF(D), PF, ROLM, and GM. Our project planner today is Claire Hodgkins. 6 7 Board Member Furth: Chair Lew, before we start I have… 8 9 Chair Lew: Yes, disclosures? 10 11 Board Member Furth: … a disclosure other than that I visited the site. I received a 12 communication from and briefly discussed this matter with Asher [phonetics] [Wolfogal] who 13 expressed the view that this was not a good design, that it seemed to be trying to be rural 14 and actually it was connecting an urban area with open space and the urban elements should 15 go all the way to the edge of the open space. 16 17 Chair Lew: Great, thank you. Any other disclosures? Ok. 18 19 Ms. Claire Hodgkins, Project Planner: Good afternoon Board Members, Claire Hodgkins Project 20 Planner. Today’s project is the Highway 101 bicycles/pedestrian overpass and Adobe Creek 21 Reach Trail. I’ll be very brief in my presentation so the project crosses Highway 101 between 22 East Oregon Expressway and San Antonio Road over crossings. It also includes the Adobe 23 Creek Reach Trail connecting West Bay Shore Road out to East Meadow Drive. The purpose of 24 the project is so that is provides year around pedestrian/bicycle connection between the 25 commercial and residential uses West of Highway 101 and the walking/biking trails in the Bay 26 Lands East of Highway 101. It completes the Adobe Creek Reach Trail and both of these 27 projects are capital improvement projects. Briefly on the process, through previous meetings, 28 the Council has already selected the alignment of the bridge, the type of structure and the 29 budget for the structure. As all you all know, Staff conducted a study session with you, as well 30 as with the PTC in May of this year. PTC recommended approval on September 13th for the 31 project and today we’re looking for a recommendation from the ARB. The current schedule is 32 soon so the project would go to Council for a final decision in November. Key project changes, 33 I’m just going to list these because I know Public Works Engineering is going to go through 34 these in a little bit more detail for you. The bridge truss design, the trailhead and amenity 35 refinements, lighting improvements, form liner wall finish and self-weathering truss finish. The 36 recommended motion today is considering the Negative – Mitigated Negative Declaration and 37 the Mitigation Monitoring and Reporting Plan and recommend approval of the Site and Design 38 Application to the City Council based on findings and subject to conditions of approval included 39 in the draft Record of Land Use Action. With that, I’ll turn it back to you and recommend that 40 you hear from Public Works Engineering. 41 42 Ms. Elizabeth Ames, Project Manager: Good afternoon, hello, Elizabeth Ames Project Manager 43 with Public Works Engineering. We have a design team here, Roy Schnabel from Biggs 44 Cardosa Associates, we have Claudia Guadagne from FMG Architects and we also have [Mega 45 Bonsaul] our project engineer in the audience and Elise DeMarzo with Director of Art… 46 47 Ms. Elise DeMarzo: Public Art. 48 49 Ms. Ames: Public Art, thank you. With that, I just wanted to have Roy go into the design 50 elements and I will wrap up with the schedule. 51 52 Mr. Roy Schnabel: I want to briefly highlight the major project elements and revisions that 53 were made from the last time. I think it’s clear from – for everybody on our challenges in 54 City of Palo Alto Page 3 balancing the community’s, the Council’s, the various Commission’s and this Board’s goals and 1 desires to deliver expeditiously a thoughtfully designed project. We appreciate all of the 2 feedback that we have gotten from the Commissions, especially this Board, from the last 3 study session to help us improve the design narrative for this specific project. On the first 4 slide, the red items are the major structural elements and the blue items are the 5 ingress/egress gathering areas. Where’s the – one of the most significant architectural 6 elements is, of course, the principle truss which spans over both Bay Shores and US 101. For 7 various reasons as discussed previously, we went with a long span steel structure to improve 8 a number of characteristics. It draws from the vocabulary – design vocabulary of the existing 9 truss that crosses Adobe Creek. Some of the previous comments were to attempt to reduce 10 the overall height and mass of the structure and there was a lot of input on the discontinuity 11 of the three truss – the individual truss, especially at the connections. So, we looked at 12 reviewing that and made some considerable changes to the truss to address those issues. The 13 major one is that we went from – instead of three individual trusses to a single truss which 14 resolved the continuity issue. It also became a little more efficient structurally so it helped us 15 reduce very slightly the height of the overall structure. Also, some of the members were 16 reduced in size so we got it less massive looking. One of the disadvantages is that it creates a 17 little bit more complicated erection process because now we have a longer truss system to 18 have to erect, particularly over the freeway. The baseline fencing included a chain link fence 19 and we’re – based on what we were recommended to do by Council, the baseline fencing is 20 still consistent with what they recommended which was a vinyl clad chain link fence. We have 21 looked at other alternatives and we also have painted the posts to more reflect sort of the 22 design vocabulary that’s being invoked by the main truss elements. Go to the next slide – the 23 alternatives to the chain link as potential upgrades or add alternatives to be reviewed with 24 Council include either woven or welded wire mesh which was one of the recommendations 25 from this panel. We’re looking at some of those as alternatives as upgrades or an added 26 alternative. Another revision slightly is the overlook and based on input from a number of 27 Commissions and Panels we expanded a couple of areas. One was the area for bike storage to 28 allow for people to locate bikes and not just have them leaning against fences so this is a 29 more active space. Then the other expanded area is basically an expanded lounge area for a 30 placement of functional but very beautiful project art in the form of cast seating elements and 31 there are some examples of the cast seating elements in your presentation. This is to basically 32 provide for rest areas or reflection areas and areas to appreciate the Bay Lands. It’s located 33 farthest away from the freeway to mitigate some of the noise issues and then it’s located in 34 the area where the vistas are probably the best to view the Bay Lands and the adjacent 35 riparian areas. There’s also -- depending on project budgets and art budgets, there is 36 potential to include artistic railing and so the artistic railing is also included in that rendering, 37 which basically simulates the grass and the grasses that are prevalent in the Bay Lands area. 38 The lighting, the lighting is fairly consistent with what we presented previously in terms of its 39 overall look and characteristics and its basic elimination of light pollution and some of the 40 reasons for that. One of the major changes was a change of the pole standard. We removed 41 that anodized aluminum linear pole for a more traditional headed pole system and are 42 recommending painting that pole to further be consistent with the design narrative with the 43 vertical elements of the bridge. It also is a little bit more efficient than that other lighting 44 system and so this sort of was one of the recommendations from the Board that we’ve added 45 to the project. Landscaping so we have two areas where we’re putting all the – where we’re 46 replacing a number of trees that are being affected by this project. One of them is on the west 47 side in the Google parking lot and we are – this has a more urban, more industrial feel to it 48 because it’s basically adjacent to the existing landscaping at Google. So, it’s very structured 49 but we’re planting, based on recommendations by City Staff, Park and Rec. Maintenance, the 50 Urban Forester, where all the landscaping is going to be native species. On the other side we 51 couldn’t fit all the replacement trees on this side so based on some additional 52 recommendations, we’ve now located a number of trees on the West side which has a more 53 organic feel. We’ve identified three zones, a woodland zone closer to the Adobe Creek area, a 54 City of Palo Alto Page 4 shrubland zone where we’re locating shrubs which will act as refuge – upland refuge for the 1 endangered mouse that’s habitat is close to this site and then we’ll have some transition 2 zones between the shrubland and the Bay Lands areas. All of this is being worked with the 3 City Staff and Park and Rec. Maintenance, a number of environmental stakeholders and with 4 our project landscaper and restoration specialist. Another revision to this is we are no longer 5 recommending hydroseeding which was the main baseline option. Based on those same 6 conversations it was concluded that hydroseeding would not be effective over the long term 7 and they – we are replacing hydroseeding with mulching, which was the recommended 8 solution to that to create a better experience and long-term effect. Then I’ll go briefly over the 9 ingress/egress areas so the pedestrian access structure, this basically replaces the pedestrian 10 funneling of pedestrians onto the street and creates a pedestrian access all the way across 11 West Bay Shore. Then we would return the bicycle lane back to the bicyclist. It also provides 12 secondary access for people coming south to access the pedestrian structure – pedestrian bike 13 structure. The next area is a little further south of that, is the area that connects to the Adobe 14 Creek Trail. We have implemented the Adobe Creek Trail and one of the things that occurred 15 between the process of the time we met and now, is that the actual paving of the trail is now 16 included in the project. We are now paving the trail and the funds for that have been allocated 17 to support that. We’ve also had several meetings with regards to the Water District and a 18 number of the amenities that were originally planned for this area have been eliminated for 19 concern of issues with the Water District. Maintenance vehicles running into them and their 20 fear for that so they’ve asked for those – a number of those amenities be removed. At the 21 other end of the trail is the connection to Meadow Drive and we’re implementing a raised 22 sidewalk and chicanes, which is basically to stay a recommendation from transportation to 23 create continuity with their Bike Safety Programs which is installing a number of these 24 throughout the neighborhood. So, we’re trying to stay consistent with that so we’re following 25 their design cues for both the raised sidewalk and the chicanes in this area. Then at the other 26 end on the East Bay Shore side we have a roundabout which will help traffic calm, slow speeds 27 and create an area for people and bicyclist to recognize that there is a potential confluence of 28 different users at that point. We’re imploring both textures and colors to signify that area so 29 we’re looking for the roundabout to be – to have colorized concrete. Then with regards to 30 signage, a lot of the signage is concentrated in and around the areas of those points of 31 connection and where decision making needs to happen. We’re also taking our cues from the 32 City’s Transportation Staff. The one decision that made it through all the Commissions is that 33 with regards to the signage, the one at the far left is the standard signage for the bike project. 34 We’ve cut down a number of the -- we’ve cut down – we’ve taken out the durations from that 35 sign to make it a little bit easier to understand and to apply to both bicyclists and pedestrian. 36 So, the distance applies but the durations don’t so we thought it would get to cluttered with 37 information. Then one of the things that came out of that is some project specific signage for 38 the multi-use path. That would signify that and that’s an example of it. That’s not the final and 39 it’s still has to go through graphics. The informational signage is being worked on Pay Back 40 and Transportation and their developing some multi-use path signage and these are the 41 samples they have given us. So, those will be sporadically located along the path to – as 42 etiquette signage. Then the last is the amenities, the one major amenity change is the bike 43 rack. The bike rack that we had was requested to be revised by City Staff to this which is 44 being used in the City and other locations. They felt it was a little bit more effective and 45 functional. Schedule, I’ll turn that over to Elizabeth. 46 47 Ms. Ames: Thank you, Roy. What we’re trying to do is expedite this after this milestone. 48 Hopefully, this goes well today with your input and we are hoping to start our right of way 49 phase soon after this when we get our environmental clearance with NEPA; Caltrans is helping 50 us with that. Once we do this, hopefully, we can expedite the design and the right of way 51 phase. Right now, we’re saying we’re going to start construction in 2019 but we’re trying to go 52 sooner than that pending the permits with Caltrans and the process we have to go through, 53 which we’re heavily relying on Biggs Cardosa Associates to help us with that. Hopefully, we 54 City of Palo Alto Page 5 can build it sooner than starting in 2019 but that’s what we’re going with right now. Thank 1 you. 2 3 Chair Lew: Great, thank you, Elizabeth. I don’t have any speaker cards for this. Are there any 4 Board Member questions? 5 6 Board Member Gooyer: Yeah, I got a couple. On the core ten for the main structure, is that 7 going to be or is going to be allowed to rust before it’s installed or afterward? The only 8 problem with afterward is that while it’s going through the rusting process is if it rains, it leaks 9 and every car driving underneath it is going to end up with rust stains all over it and you’re 10 going to have a lot of irritated people. I mean I’ve had experience with that for 30-years 11 where we put the roofs on there like that and you make the dumb mistake of having a nice 12 white wall next to it and after a while the nice white wall is stained. So, it has to either be 13 done beforehand or something. 14 15 Mr. Schnabel: Ok, well we can specify that and there are ways to accelerate that so we could… 16 17 Board Member Gooyer: No, I am aware of that. I just wanted to make sure that you don’t 18 inadvertently do that and then like I said, have a lot of irritated people. The second question is 19 on sheet 4.3-C on the – you show the main truss and then you have that interior chain link 20 assembly. Then on 5.2, the chain link appears to be part of the main truss. 21 22 Mr. Schnabel: Yeah so originally, we were thinking of framing the chain link with individual 23 elements and later enhancement to that to mitigate the number of… 24 25 Board Member Gooyer: So, the 5.2 is what you’re going to go with? 26 27 Mr. Schnabel: Yeah, that’s we’re recommending going with. 28 Board Member Gooyer: Ok, thank you. 29 30 Chair Lew: Ok, any other questions? Wynne, no? Wynne. 31 32 Board Member Furth: I forgot to look at what the Bay Lands plan has to say about signage so 33 how is the signage consistent with it? I know it has a lot to say about it. 34 35 Ms. Hodgkins: So, I’m going to pull it up as we talk but I think just in terms of muted colors 36 and – do you have – it sounds like she has additional information so I’ll let… 37 38 Ms. Ames: Yes, I think what we’re going to try to do is – well, there’s an interpreted signage 39 feature that we have not developed yet and that would be consistent with the guidelines. Most 40 of the signage that we’re proposing here is really consistent with the City’s signage plan and 41 it’s not tying in with the Bay Lands Design Guidelines for the street – the street signage. So, 42 we’ve got a lot of stenciling on the pavement but there’s really not a lot of signage in the Bay 43 Lands component other than the interpretive signage and Roy can elaborate on that. 44 45 Mr. Schnabel: We have three different – I mean four different classifications of signage. One is 46 the traffic signage and that’s going to follow the City’s Transportation MUTCD requirements for 47 those signs. So, those are going to be – follow those design standards as required by the 48 Transportation Staff. We have information – etiquette signage and the etiquette signage is 49 also going to follow some of those same guidelines with regards to the MUTCD requirements. 50 With regards to informational signage, those we will – we have several areas and those 51 haven’t been coordinated yet. Those will include trail maps and information and things like 52 that and we haven’t defined what standard to follow with regards to that because we have 53 basically two distinct areas. One is the Bay Lands area and the other one is at the Adobe 54 City of Palo Alto Page 6 Creek Trail. With regards to the educational signs which are the ones that are at the overlook, 1 those will be – what we’re sort of hoping that will be since that’s not part of this contract, is 2 very similar to what is being done over at the boardwalk to keep some continuity and 3 connection to that area. 4 5 Board Member Furth: So, you’re mindful of those standards not always – sometimes those are 6 being subordinated to Citywide traffic conventions. Thank you. 7 8 Chair Lew: Board Member comments. Wynne, will you start us off? 9 10 Board Member Furth: I have no further comments. 11 12 Chair Lew: Ok, Kyu? 13 14 Vice Chair Kim: Thank you for the presentation and bringing this project back. I guess Staff is 15 seeking some input on our preferences or recommendations for the fencing and… 16 17 Male: Guardrails, right? 18 19 Vice Chair Kim: The guardrail fencing, right? I’m looking at some of the samples that you’ve 20 brought here. I think my personal preference is leaning towards that 1-inch woven wire mesh 21 but I don’t know that I feel so strongly about that, that I wouldn’t recommend the project 22 otherwise but that would be my preference. I think it provides the more constituency and it 23 tends to blend better with the rest of the bridge and there’s no need to worry about the vinyl 24 coming off the other option or possibly somebody cutting a piece off of that and how do you 25 replace it with the same vinyl coating so on and so forth. Even at the last presentation, I think 26 I had a small issue with the roundabout over on the east side and I think I finally figure out 27 what it was. I think – it’s a very small thing to me but the roundabout seems to push the 28 paths a little bit outwards. In other words, the circle is off-set so that it makes each path off-29 set except for that one on the left. So, you see how the path becomes tangent to the circle 30 but it’s not actually pushed out by the circle and I think that’s what it is that’s been bothering 31 me about it. I don’t know if that’s such a huge issue but I would think that if it’s for traffic 32 calming, that maybe it would benefit from the circle shifting a little bit to the left such that 33 each of the three sides of the path are bumped out a little bit. Other than that, I’m fine with 34 the overall look. The – with the seating, maybe – depending on what kind of finish in on that 35 seating, I would imagine early morning or in the winter that it may be a little bit too cold 36 because it’s aluminum. Then maybe in the hot summer sun that it could get too hot but those 37 are relatively minor things and I think the seating itself is quite lovely. The final – I’ve very 38 pleased with the way that it’s been heading. I appreciate the fact that you’ve brought the 39 whole trusses together and I understand that it will be a little bit more difficult during 40 construction but I think it does seem to tie together a little bit better than it had previously. 41 My – in closing my final question would be just some clarification on the lighting. As one 42 where to cross over from the Bay to the Westside and connecting over to East Meadow, what 43 kind of lighting is provided along Adobe Creek, if any? 44 45 Mr. Schnabel: Are you talking about within the Adobe Creek Trail itself? 46 47 Vice Chair Kim: Yes. 48 49 Mr. Schnabel: We’re not allowed to light that. 50 51 Vice Chair Kim: So, there’s no lighting at all? 52 53 Mr. Schnabel: No lighting. 54 City of Palo Alto Page 7 1 Vice Chair Kim: Alright. 2 3 Mr. Schnabel: By the condition of the Water Districts requirements. What we want to do is in 4 the areas where the trail heads begin we want to make sure there’s adequate lighting, 5 including the roundabout, to identify areas of confluence and areas where the points of 6 connection are occurring. We’re hoping to light those a little bit more robustly than in the 7 standard areas just to signify them both from a visual standpoint in the lighting. 8 9 Chair Lew: Can I ask a follow-up question to that? Would the Adobe Creek Reach Trail be 10 closed at night or have any hours restricted? I’m thinking like Stevens Creek Trail in Mountain 11 View technically closes from dusk to dawn. 12 13 Mr. Schnabel: That will be dependent on you. There’s not going to be a restriction with the 14 Water District closing it so it will be open 24-hours a day every day until they maintain it. The 15 only restriction they’ll have is closer during maintenance hours. 16 17 Chair Lew: Thank you. Robert? 18 19 Board Member Gooyer: A couple things, I was also looking at that trail roundabout and the 20 thing is for a car – I mean the whole idea is to slow people down but the reality of it is if 21 you’re cruising on a bicycle, you don’t really have to slow down. That roundabout really isn’t 22 doing anything to make you slow down, go around the turn and then keep going. You can cut 23 that thing straight through and not – so it’s basically defeating the purpose of what it’s there 24 for, other than just putting more concrete down. Secondly, with the core ten in place, the only 25 thing is that I don’t know how attractive a chocolate brown barrier across the freeway is going 26 to look. I understand core ten is great because you never have to touch it after you’re done 27 but I just don’t like the final color. They have a bridge similar to this at Hospital Curb up in the 28 City which is bright blue and I kind of like that. I mean it’s just a bright color and I know the 29 maintenance issue is probably a little bit more but if you do a powder coating or something 30 like that, it – I’d rather see something like that than this sort of chocolate brown. I don’t really 31 think that’s – again, I want you to make sure that whatever the finish that you put on this is 32 done before you put it on their rather than – other than that like I said it’s a shame based on 33 the designs we saw what last year? That could have been built here than what we ended up 34 getting but that’s my own personal opinion. 35 36 Chair Lew: Great, thank you, Robert. Peter. 37 Board Member Baltay: Thank you, I find it to be a well put together project. I commend you 38 on a detailed presentation and I can make the findings to recommend approval. 39 40 Chair Lew: I also can recommend approval of the project. You had asked for comments on the 41 railings and I actually think I – I think I actually prefer the coated chain link from what I’ve 42 seen other bicycle bridges. Then I think the second choice would be the welded – I’m sorry, 43 the woven wire and I’m generally not crazy about the welded wire which is over there. To me, 44 I wouldn’t want to spend more money for that versus the coated chain link. On the 45 roundabout, I actually think it’s better to have the roundabout because if you at some of the 46 other bridges – bicycle bridges in Mountain View, the bicyclists can pick up a lot of speed – 47 you can actually go very fast downhill. There’s on bicycle bridge that crosses Moffet Boulevard 48 and then there’s the t-intersection at the bottom where all the – t-intersection at the bottom 49 of the ramp and I think it’s kind of issue. I think you do want the bicyclist to slow down a little 50 bit but I think I agree with Kyu. I think there’s – it seems a little circuitous at the moment the 51 way you have it. I realize you have space constraints, right? I mean I think that’s the problem 52 there and I think I can – I can make all of the findings on here. Does anybody want to try to 53 make a motion? Don’t jump all at once. Wynne, will you give it a stab? 54 City of Palo Alto Page 8 1 MOTION 2 3 Board Member Furth: I move approval – well, I move that we recommend approval of the 4 Mitigated Negative Environmental Declaration and the proposed project subject to the findings 5 and conditions contained in the Staff report. 6 7 Board Member Baltay: Second. 8 9 Chair Lew: Can I have a… 10 11 Board Member Furth: Is there any other thing you want to add? 12 13 Chair Lew: It’s just a typo so under finding five… 14 15 Board Member Furth: Yep. 16 17 Chair Lew: …it says the landscape is being designed… 18 19 Board Member Furth: I’m sorry, could you give me a page number? I’m having trouble. 20 21 Chair Lew: It’s just a little typo, it’s 198. 22 23 Board Member Furth: Ok. 24 25 Chair Lew: I think it should just say designed instead of design. 26 27 Board Member Furth: Ok. 28 29 Chair Lew: I don’t know if there are any others that you noticed? 30 31 Board Member Furth: Which line are you on? It’s the landscape design, right? Oh, I see it, 32 right. Has been designed. 33 34 Chair Lew: Yeah. 35 36 Board Member Furth: Ok. 37 38 Chair Lew: Just a little nitpicky thing. 39 Board Member Baltay: I second that. 40 41 Chair Lew: All in favor? Opposed? None. Thank you very much… 42 43 MOTION PASSES 5-0 44 45 Ms. Ames: Thank you very much. That was a big milestone for us so thank you so much. 46 47 Ms. Hodgkins: Thank you. 48 1 Hodgkins, Claire From:Hettenhausen, Michael <michael.hettenhausen@PRK.SCCGOV.ORG> Sent:Wednesday, September 13, 2017 3:34 PM To:Hodgkins, Claire Subject:Highway 101 Pedestrian/Bicycle Overcrossing and Adobe Creek Reach Trail Ms. Hodgkins, I noticed this item on tonight’s Planning & Transportation Commission agenda and would like to note the County Parks Department’s support. Please let me know the outcome of tonight’s meeting and the possible construction timeline, when possible. Thanks, Michael Michael Hettenhausen, Associate Planner Santa Clara County Parks | 298 Garden Hill Drive | Los Gatos, CA 95032 (408) 355‐2362 | parkhere.org Follow Santa Clara County Parks News! www.facebook.com/SantaClaraCountyParks NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. 1 Hodgkins, Claire Subject:FW: Comments Hwy 101 Adobe Multi-Use Bridge From: Penny Ellson [mailto:pellson@pacbell.net] Sent: Wednesday, May 31, 2017 2:37 PM To: Planning Commission Subject: Comments Hwy 101 Adobe Multi-Use Bridge Honorable Commissioners, I cannot attend tonight’s meeting because our family will be celebrating my daughter’s high school graduation. Here are my comments on the Hwy 101 Pedestrian-Bicycle Bridge to the baylands: Please encourage staff and Council to move this much–needed project forward expediently. I remember writing letters in support of VTA funding for this important connection more than a decade ago— funding that was awarded and then subsequently rescinded because of project delays. The project before you is a good, cost-effective plan. Please move it forward. The bridge project is well-supported by Comprehensive Plan policies and goals. The current crossing at Embarcadero Road is 1.5 miles away. Using it when the tunnel is closed can add as much as three miles to a bike trip. That is a barrier for young children. For an adult biking at 15 miles an hour this extra distance means added time of 12 minutes, plus up to 3 minutes waiting for a green light at Oregon Expressway. For people who bike commute from south Palo Alto to points south, that would be a significant addition to daily bike commutes. Instead, without the bridge, they are pushed to busy, arterial surface streets during the wettest, darkest months when the Lefkowitz Tunnel is closed. Safety is an issue. For people who enjoy hiking and birding in the baylands, the bridge will provide a new car-free connection to this amazing open, natural space. The Hwy 101/Adobe pedestrian/bike bridge is an important regional connector that is long overdue. Please move it forward quickly. Thank you for considering my comments. Sincerely, Penny Ellson Palo Alto resident 1 Hodgkins, Claire Subject:FW: Highway 101 Bike Bridge - PTC Meeting From: Boris Foelsch [mailto:borisfoelsch@gmail.com] Sent: Wednesday, May 31, 2017 5:07 PM To: Planning Commission; pwecips Subject: Highway 101 Bike Bridge - PTC Meeting Dear Members of the Planning and Transportation Commission, In advance of tonight's meeting, which I cannot attend, I'd like to write you about the proposed design for the Adobe Creek over crossing of 101. Upon reviewing the materials, which are very helpful, I was pleased to see that the design is straightforward, functional and simple, yet aesthetically pleasing. I think it's absolutely fine to have a design that is not particularly ornate, especially given that it looks fairly sleek. I ride across the freeway about five or six times a week to take Bay trails to/from work and the availability of a safe, year-round alternative will be very welcome. I'd like to recommend that move the project forward expediently. I see no reason to make changes. Sincerely, Boris Foelsch 3694 Louis Rd. 1 Hodgkins, Claire From:Architectural Review Board Sent:Monday, May 01, 2017 11:20 AM To:Lew, Alex; Kim, Kyu; Baltay, Peter; Gooyer, Robert; Furth, Wynne Cc:Gerhardt, Jodie; Lait, Jonathan; Hodgkins, Claire Subject:FW: Ped/Bike Bridge ‐‐‐‐‐Original Message‐‐‐‐‐ From: Ann Pianetta [mailto:annpianetta@yahoo.com] Sent: Monday, May 01, 2017 10:43 AM To: Architectural Review Board; pwecips Subject: Ped/Bike Bridge To Whom It May Concern: It is a well thought‐out project except for one thing. There is not enough protection for peds and bikes next to the roadway. There should be a wall. This will keep people from jumping in front of cars and cars hitting peds. And this should be on both sides of the freeway. Also, when is there going to be better landscaping in general at all the entry ways into Palo Alto from 101. It looks horrible and reflects on our city. Please do something about it and let me know. Sincerely, Ann Pianetta 3815 La Donna Avenue Palo Alto, CA 94306 650‐424‐9070 1 Hodgkins, Claire From:Architectural Review Board Sent:Monday, May 01, 2017 11:19 AM To:Lew, Alex; Kim, Kyu; Baltay, Peter; Gooyer, Robert; Furth, Wynne Cc:Hodgkins, Claire Subject:FW: Highway 101 Bridge ‐‐‐‐‐Original Message‐‐‐‐‐ From: Joel Davidson [mailto:joelscottd@gmail.com] Sent: Monday, May 01, 2017 11:08 AM To: Architectural Review Board Cc: pwecips Subject: Highway 101 Bridge To whom it may concern, I am strongly supportive of the proposed Bike bridge on Highway 101. This project has been too long on the waiting list of the Parks and Recreation Commissions agenda. I guessing about 10 years. Please move forward on this project ASAP. Thank you, Joel Davidson former Parks and Recreation Commissioner 504 Thain Way Palo Alto, CA 94306 1 Hodgkins, Claire From:Architectural Review Board Sent:Monday, May 01, 2017 11:20 AM To:Lew, Alex; Kim, Kyu; Baltay, Peter; Gooyer, Robert; Furth, Wynne Cc:Hodgkins, Claire; Lait, Jonathan; Gerhardt, Jodie Subject:FW: Highway 101 Bicycle and Pedestrian Bridge From: Judd Volino [mailto:gobike20816@typespot.com] Sent: Monday, May 01, 2017 10:33 AM To: Architectural Review Board; pwecips Subject: Highway 101 Bicycle and Pedestrian Bridge Dear ARB and City Staff: I am a Palo Alto resident and cyclist and am writing that you do everything possible to expedite this project to ensure that inflation doesn't catch up again and cause it to be short on funding. A bridge that allows mounted riding and that is much more visible than the Embarcadero bridge will do a great deal to open access to the Baylands and provide safe crossing of the freeway. Please just build this thing! Thank you, Judd Volino 1150 Parkinson Ave 1 Hodgkins, Claire From:Architectural Review Board Sent:Monday, May 01, 2017 11:21 AM To:Lew, Alex; Kim, Kyu; Baltay, Peter; Gooyer, Robert; Furth, Wynne Cc:Hodgkins, Claire; Gerhardt, Jodie; Lait, Jonathan Subject:FW: Excited about highway 101 bicycle bridge From: Lisa Dusseault [mailto:lisa.dusseault@gmail.com] Sent: Monday, May 01, 2017 10:11 AM To: Architectural Review Board Subject: Excited about highway 101 bicycle bridge Hi, I just wanted to say I'm excited about this bridge. As a family we use the existing bridges (Oregon and Stevens Creek trail) maybe 10 times a week. My husband commutes by bike, and I sometimes go to meetings by bike from the Duveneck area where we live to places like Google. Sometimes we go to the baylands or Shoreline Park with our kids. Sometimes my husband runs in the baylands and Shoreline park and we bike along with him to keep him company. My main frustration with the Oregon bridge is the difficulty getting a bicycle trailer through the slow-down gates. From the images I've seen about the new bridge this will be much easier and we'll have more choices where to cross the 101. I have to admit we totally ignore the "walk your bikes" injunction along the top of the Oregon bridge. I've never seen any problems with people riding their bikes - people are polite and pass each other civilly whether anybody is biking, walking or walking their bike. Perhaps the problems, when they occur, are not with people riding their bikes (which they're going to do anyway) but with being unsafe or inconsiderate (which they're going to do anyway). Lisa 1 Hodgkins, Claire From:Deborah Baldwin <baldwinart@mac.com> Sent:Monday, May 01, 2017 2:49 PM To:Hodgkins, Claire Cc:lenraven1@gmail.com; Architectural Review Board; Larry; Cornelia and Arne Stoschek Subject:Re: [dsfna] Bike bridge planning meeting Hi Claire, Thank you for responding so fast! Some of my thoughts/concerns regarding the project are (there are 4 key areas): 1) Managing cyclists/pedestrians: I propose that there are separate lanes for both parties. Many cyclists will use this trail for getting to work, pedestrians for pleasure. I have seen many unnecessary near clashes because the walkers spread out over the entire walkway or one or the other had headphones on. This is particularly concerning where there are benches for viewing-as many may congregate there. 2) Transitions Remember what happened to the cyclist on Pagemill that was hit by a car a year ago? I believe part of the responsibility lies in not having an adequate transition. Indeed, there is NO notice-(even a year later!) to motorists that a cyclist may enter a highway and little guidance to a cyclist. Even a stop sign would be a solution. This is a rampant problem. I have seen this many times, where the bike paths, once you are on them are lovely, but getting there and transitioning to another road are nightmares. I don't mean to attribute blame, unfortunately, dead cyclists can not tell "their" side. 3) Safety I'm concerned (from a brief look at the plans) that the fencing over any overpass or high area is not sufficient to deter a person from attempting to "jump" off the bridge. How are we going to ensure this? 4) Cost I have seen many bridge constructed over 101 that takes these concerns into account. They may not be the prettiest, but they look nice and look to be cost effective. Perhaps we should reconsider that? In fact, in so doing, there may be funds to address the transition issues or perhaps to update that "nightmare" of a bridge near Oregon along with getting onto the bike path on the other side of the road. Thank you for permitting me to "vent" , I DO hope I was being constructive in my comments. Please do keep me updated. I have scheduled for myself to be attend on the 25th of May. :-) Debbie Baldwin Sent from my iphone On May 1, 2017, at 12:45 PM, Hodgkins, Claire <Claire.Hodgkins@CityofPaloAlto.org> wrote: Good afternoon Lenore and Debbie, Thank you for your comments regarding the Architectural Review Board meeting set for May 4, 2017. All meetings for the Architectural Review Committee are held on Thursday mornings. However, there are several other opportunities for you to provide input on this project. You may: 1) Call, e‐mail, or mail me, the Project Planner for the proposed project, to discuss any questions/comments/concerns about the project. 2 2) We will have a study session in the evening with the Planning and Transportation Commission so that anyone that cannot attend the Architectural Review Board meeting on May 4th could still express comments at that public meeting. The Planning and Transportation Commission hearing for this project is tentatively set for May 25, 2017 and starts at 6pm. 3) Following these two study session meetings the City’s Public Works Engineering Division will work to incorporate/address comments from the public (whether expressed at the hearing or provided separately to the project planner) as well as comments from both the Architectural Review Board and the Planning and Transportation Commission study session meetings. 4) The City’s Public Works Engineering Division will then come back to the Architectural Review Board, Planning and Transportation Commission, and to City Council before a decision on the proposed project is issued. The Planning and Transportation Commission and Council hearings will both be held in the evening. I’d be happy to update you once the dates for those hearings have been set. Warm regards, Claire Hodgkins <image001.jpg> Claire Hodgkins, Associate Planner 250 Hamilton Avenue | Palo Alto, CA 94301 O: 650-329-2116 | E: claire.hodgkins@cityofpaloalto.org From: Architectural Review Board Sent: Monday, May 01, 2017 12:11 PM To: Lew, Alex; Kim, Kyu; Baltay, Peter; Gooyer, Robert; Furth, Wynne Cc: Hodgkins, Claire; Gerhardt, Jodie; Lait, Jonathan Subject: FW: [dsfna] Bike bridge planning meeting From: Lenore Cymes [mailto:lenraven1@gmail.com] Sent: Monday, May 01, 2017 11:38 AM To: Deborah Baldwin Cc: pwecips; Architectural Review Board; Jeff Levinsky; dsfna@yahoogroups.com dsfna@yahoogroups.com Subject: Re: [dsfna] Bike bridge planning meeting Good catch Debbie. I didn’t even read it. I agree! Not just this meeting, but no meeting concerning community input should ever be held during the day and this meeting must be rescheduled to a proper time for people to finish their work and show up. If it is not changed, why bother at all - what is the goal of the Arch. Review Committee? Lenore On May 1, 2017, at 11:31 AM, Deborah Baldwin baldwinart@mac.com [dsfna] <dsfna-noreply@yahoogroups.com> wrote: Hi I noticed that the planning meeting set for this important bike bridge is set for the morning. To me, It is very confusing to have the time set specifically at a time many 3 commuters by bikes can not come because they are working. What is the mechanism to have these voices and their wealth of experience heard? Thank you Debbie Baldwin Sent from my iPhone __._,_.___ Posted by: Deborah Baldwin <baldwinart@mac.com> Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1) Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet. Have you tried the highest rated email app? With 4.5 stars in iTunes, the Yahoo Mail app is the highest rated email app on the market. What are you waiting for? 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Groups • Privacy • Unsubscribe • Terms of Use . __,_._,___ 1 Hodgkins, Claire From:Architectural Review Board Sent:Tuesday, May 02, 2017 2:52 PM To:Lew, Alex; Kim, Kyu; Baltay, Peter; Gooyer, Robert; Furth, Wynne Cc:Hodgkins, Claire; Gerhardt, Jodie; Lait, Jonathan Subject:FW: Comments on the HWY 101 Adobe Creek Overcrossing Attachments:W.BayShore Bike Lane - 02.jpg; W.BayShore Bike Lane - 04.jpg; W.BayShore Bike Lane - 15.jpg From: roycsnyder@comcast.net [mailto:roycsnyder@comcast.net] Sent: Tuesday, May 02, 2017 2:45 PM To: Architectural Review Board Cc: pwecips Subject: Comments on the HWY 101 Adobe Creek Overcrossing To the City of Palo Alto Architecture Review Board - May 4, 2017 (We have lived in the south Palo Alto Palo Verde neighborhood for over forty years. In all but the most inclement weather, we bike at the Baylands 2-4 times per week, using the existing Adobe Creek Undercrossing or the Embarcadero Overcrossing.) Comments: The proposed overcrossing is not a destination, but rather a mere conveyance from South Palo Alto to the main attraction, the Baylands. It should be simple, cost effective, speedily constructed, and, since it crosses a main artery, seismically robust. The concept of an Eastern Approach Overlook is wrong headed: There is nothing of natural beauty nor remarkable wildlife to be viewed from such a point. The proposed location is close to HWY 101 and the constant traffic noise will detract from any "appreciation" of the adjacent Baylands. The proposed Overlook is redundant to existing and better nature viewpoints actually located in the Baylands, only 200-300 meters further along the trail. It adds undue cost. The proposed drinking fountains, trash and recycling containers, trail head art, bike racks, etc. would serve greater purpose if located further up the trail where it joins the Baylands Trail at the Coast Casey Forebay. Again, this structure is not a destination. Such amenities will only impede flow along the trail. The Adobe Creek Reach Trail should be opened immediately, even if in a temporary configuration. The bike lane along West Bay Shore - northbound is currently unsafe due to south bound vehicles drifting into the bike lane. (See photos attached.) Respectfully, 2 Roy Snyder Thomas Drive, Palo Alto Attachment H Environmental Documents Hardcopies of the Initial Study/Mitigated Negative Declaration are provided to Council members. This document is available to the public by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review the Environmental Document online: 1. Go to: www.cityofpaloalto.org/gov/depts/pln 2. Click on “Development Proposals” 3. Click on “Development Projects” in the drop down menu 4. Click on “Adobe Creek/101 Overcrossing (3600 West Bayshore)” to view the final Initial Study/Mitigated Negative Declaration HIGHWAY 101 MULTI-USE PATH OVERCROSSING PROJECT AT ADOBE CREEK WRITTEN PROJECT DESCRIPTION PROJECT DESCRIPTION: The proposed Highway 101 Multi-Use Path Overcrossing (Overcrossing) is located in the City of Palo Alto in Santa Clara County, between the East Oregon Expressway and San Antonio Road overpasses of Highway 101, and will replace the existing seasonal Benjamin Lefkowitz Underpass of Highway 101 located within the Adobe Creek corridor. The grade-separated crossing will provide year-round connectivity from residential and commercial areas west of Highway 101 to the Palo Alto Baylands Nature Preserve (Baylands), East Bayshore Business Park area, and the regional Bay Trail network of multi-use trails east of Highway 101. The project will include a new bridge structure over Highway 101 and West and East Bayshore Roads, a trail connection along Adobe Creek to East Meadow Drive, sidewalk improvements along West Bayshore Road, and landscaping and habitat restoration within the Baylands and along the Adobe Creek riparian corridor. The project lies primarily within City and Caltrans rights-of-way, although the south/west project area includes Santa Clara Valley Water District property and private property owned by Google. The proposed Overcrossing will consist of multiple structure types in order to maximize the benefits of the different structure types for the various constraints present in the project. The Overcrossing structure is divided into the following four major elements: 1. Principal Span Structure: Three span structure over Highway 101 and East and West Bayshore Roads 2. West Approach Structure: Multi-span structure located west of West Bayshore Road 3. East Approach Structure: Multi-span structure located east of East Bayshore Road 4. Adobe Creek Bridge: Simple span crossing of Adobe Creek west of West Bayshore Road STRUCTURE DESCRIPTION: PRINCIPAL SPAN STRUCTURE The Principal Span Structure is set to a straight alignment that is essentially perpendicular to the Highway 101 and Bayshore Road alignments. It consists of three steel truss spans spanning across West Bayshore Road, Highway 101, and East Bayshore Road. At this location, Highway 101 is a 12-lane highway with a 162-foot wide right-of-way (See Figure below). East Bayshore Road consists of two travel lanes with a 20.5- foot wide traveled way and two 6-foot shoulders. West Bayshore Road consists of two travel lanes with an approximately 20.5-foot wide traveled way and a 5.5-foot shoulder and 6-foot bicycle lane. The span over Highway 101 will consist of a 165-foot long, prefabricated steel bowed truss. The bowed truss is able to achieve the long clear span while keeping the profile depth from the top of deck to bridge soffit to a minimum. The adjacent side spans spanning over East and West Bayshore Roads will consist of a 72’-0” long prefabricated steel trusses continuous with the Highway 101 span. All spans will accommodate a 12- foot clear width pathway. Bents under the Principal Structure spans will consist of 2-foot thick non-skewed concrete pier walls on cast- in-drilled-hole (CIDH) pile foundations. In order to reduce traffic control requirements within Highway 101, the pier walls adjacent to Highway 101 (Bents 6 and 7) will be founded on a concrete pile cap supported by CIDH piles located within the medians between Highway 101 and East and West Bayshore Roads. The concrete pier walls supporting the other ends of the steel Pratt trusses (Bents 5 and 8) will be founded on a concrete pile cap which is supported by CIDH piles. Pier walls at Bents 5 and 8 will support both the steel Pratt trusses of the Principal Span Structure and the end of the West and East Approach concrete slab spans. Architecturally enhanced safety railings will be provided the full length of the Principal Span Structure. The railings will consist of 8-foot tall safety fencing. Baseline safety fencing includes vinyl clad chain link fabric. Potential upgrades include the use of decorative woven wire fabric in lieu of chain link fabric. WEST APPROACH STRUCTURE The alignment of the West Approach Structure consists of an approximately 115 degree curve that directs pedestrian/bicycle traffic from along West Bayshore Road, over the Google parking lot, and to the Principal Span Structure over Highway 101. The alignment closely abuts the adjacent Barron Creek to enable retention of all parking spaces with in the Google parking lot and to provide the maximum elevation gain between the adjoining Principal Span Structure and the Adobe Creek Bridge crossing. The West Approach Structure consists of a four span, 2’-6” deep reinforced concrete slab superstructure supported by 2’-6” x 5’-0” rectangular columns supported on large diameter Type II CIDH pile shafts. The span lengths will vary from 40 to 50 feet long, resulting in a minimum span-to-depth ratio of 0.050. The columns will be architecturally enhanced. The abutment will consist of a reinforced concrete seat-type abutment supported by a large diameter CIDH pile. All spans will accommodate a 12-foot clear width pathway. Architecturally enhanced safety railings will be provided the full length of the West Approach Structure. The railings consist of 4-foot tall galvanized safety fencing and will include a small concrete curb at the edge of the pathway to collect rain water. Baseline safety fencing includes vinyl clad chain link fabric. Potential upgrades include the use of decorative woven wire fabric in lieu of chain link fabric. EAST APPROACH STRUCTURE The alignment of the East Approach Structure consists of an approximate 168-degree compound curve that directs pedestrian/bicycle traffic from the Principal Span Structure, over the Baylands, and back around to conform at the San Francisco Bay Trail. The East Approach Structure consists of a seven span, 2’-6” deep reinforced concrete slab superstructure supported by 2’-6” x 5’-0” rectangular columns supported on large diameter Type II CIDH pile shafts. The span lengths will vary from 40 to 50 feet long, resulting in a minimum span-to-depth ratio of 0.050. The columns will be architecturally enhanced. The abutment will consist of a reinforced concrete seat-type abutment supported by CIDH piles. All spans will accommodate a 12-foot clear width pathway. Bent 8 supports both the end of the concrete slab of the East Approach Structure and the end of the steel Pratt truss span of the Principal Span Structure. Architecturally enhanced safety railings will be provided the full length of the East Approach Structure. The railings will be 4-foot tall galvanized safety fencing and will include a small concrete curb at the edge of the pathway to collect rain water. Baseline safety fencing includes vinyl clad chain link fabric. Potential upgrades include the use of decorative woven wire fabric in lieu of chain link fabric. An overlook area consisting of an extension of the reinforced concrete slab will be located between Bents 10 and 11 in order to provide the trail users an opportunity to pause, rest and view the adjacent Baylands without impeding pedestrian and bicycle through traffic. The architecture of the overlook will extend from the main bridge structure elements including railings and concrete facing textures and colors. The overlook will be decked with a wood finish to make the area more distinguishable from the main pathway and to give it some warmth in texture and color. Amenities such as benches and informational/educational signage will also be located on the overlook to further enhance the experience for the users. Benches will be located along the overlook to allow users to rest and/or view the surrounding vistas of the Baylands. ADOBE CREEK BRIDGE The Adobe Creek Bridge consists of a 140-foot long prefabricated steel Pratt truss, spanning over the confluence of Barron and Adobe Creeks, adjacent to the existing Adobe Creek Bridge (Bridge No. 37C- 0060) along West Bayshore Road. The bridge will accommodate a 12-foot clear width pathway allowing for travel in both directions. The top chord of the steel truss will serve as the top chord of the 4 foot high safety railing for the structure. The abutments will consist of concrete seat type abutments supported by large diameter CIDH piles. ADDITIONAL PROJECT ELEMENTS: WESTERN APPROACH ACCESS A pedestrian access ramp has been incorporated into the Western Approach Structure between the Google property (3600 West Bayshore Road) and Adobe Creek Bridge to provide continuous access for pedestrians along West Bayshore and access to the Overcrossing. For northbound pedestrians along West Bayshore Road the access structure can reduce the length of travel by roughly 500 feet. This access structure also provides equal access to mobility impaired trail users and provides a pedestrian bypass allowing the existing bike lane along West Bayshore road to be made continuous across the existing Adobe Creek Bridge. It also provides a functional ADA compliant alternative access which can be used as a primary ingress/egress if and when the SCVWD closes the trail access area for their channel sedimentation maintenance. STRUCTURE LIGHTING Lighting design will be provided for the Overcrossing that contributes to the project goals of providing connectivity while addressing environmental concerns. The Overcrossing paths are to be illuminated during night hours to support pedestrian and bicycling activates, with lighting levels reflecting the transition from higher illuminated urban areas on the western side of Highway 101 to the lower lighting of the Baylands to the east. Photometric levels will conform to standards set by the Illuminating Engineering Society. The Western Approach Structure will require higher lighting levels for better uniformity ratios to the surrounding environment. Pole mounted luminaires will provide uniform illumination along the pathway and at landscaping areas leading to the Overcrossing. At the Principal Span Structure, lighting will be integrated into the guardrail where possible to create a consistently illuminated pathway. Direct view of any light source is to be shielded from adjacent vehicular vantage points to reduce glare and distraction for drivers. Lighting at the Eastern Approach Structure and Eastern Approach Overlook will be integrated into the urban infrastructure components, such as railings and benches, in order to reduce visual interferences of the Baylands. Careful consideration will be given to providing appropriate illumination at environmentally sensitive areas such as areas adjacent to Adobe and Barron Creek and the Baylands. Lighting on the Eastern Approach Structure will be minimal in order to reduce potential glare and distraction for wildlife with the Baylands. Step lights will be utilized, meeting photometric requirements, to provide low levels of functional lighting along the pathway. Warm color lighting techniques will be used to reduce lighting effects to migratory birds and other wildlife. The lighting system will be designed to be mindful of the surrounding environment. Lighting poles and bollards with full-cutoff capability will be used in order to reduce light emitted above the 90° plane, limiting contribution to light pollution. Lighting controls will be utilized to reduce light output during hours with limited activity. Light levels dim down on a set time schedule synced with the astronomical clock. As people approach, sensors detect their presence, allowing the lighting to change in response to pedestrian and bicycle activity. PROJECT LANDSCAPING AND STORM WATER RETENTION Landscaping is limited to restoration of areas disturbed by construction. Primary areas for restoration include: 1. The portion of the Baylands under and adjacent to the Eastern Approach Structure which will be restored with native grasses and planting as well as some hardscape and planting at the east plaza where the East Approach Structure joins the San Francisco Bay Trail. Trail head amenities in the form of trash and recycling receptacles, a bicycle repair station, as well as an optional drinking fountain and bottle filling station. 2. Disturbed areas of the Google Parking Lot under and adjacent to the Western Approach Structure will be landscape to provide screening to the structure and will include accommodation of a bioretension area, replacement of existing landscaping trees affected by construction and reconfiguration of the existing Google Parking lot resulting in no net loss of parking. 3. The west plaza at the Adobe Creek Reach Trail Head will include hardscaping at the plaza and existing aggregate base along the SCVWD maintenance road compatible with the regular SCVWD maintenance operations and materials, as well as proposed trail head amenities including a bicycle repair station. 4. Storm water collection into bioretension systems will include native planting and drainage swales leading into retention basins to filter storm-water. These systems will be located in landscaping areas in the vicinity of the western and eastern approaches. ADOBE CREEK TRAIL The proposed Adobe Creek Reach Trail involves designating a 14- to 16-foot wide by approximately 620 linear feet of the existing Santa Clara Valley Water District (SCVWD) maintenance road on the east side of Adobe Creek, between West Bayshore Road and East Meadow Drive, as the Adobe Creek Reach Trail. The Adobe Creek Reach Trail will provide a more direct, comfortable, and potentially safer alternative to Fabian Way/West Bayshore Road for pedestrians and recreational bicyclists. The trail will utilize the existing SCVWD maintenance road along Adobe Creek and will include installation of safety railing along the top of bank of Adobe Creek (subject to acceptance by the SCVWD). The project will include trail heads at West Bayshore Road and East Meadow Drive. Trail heads will consist of simple concrete connections to the adjoining streets/sidewalks (no formal plazas), associated pavement delineation and street signage. Paving of the Adobe Creek Reach Trail is included as part of the baseline project. COMPLIANCE WITH CITY’S SITE AND DESIGN OBJECTIVES The proposed project would comply with the following Site and Design objectives as described below. OBJECTIVE (A): To ensure construction and operation of the use in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. The purpose of the proposed project is to improve pedestrian and cyclist connectivity to the Palo Alto Baylands Nature Preserve, East Bayshore Road businesses, and regional Bay Trail network from residential neighborhoods and employment districts in south Palo Alto. The improved connectivity and access would support regional bicycle commuting and encourage greater recreational activity and use of the Baylands and trail system. During the times the existing Benjamin Lefkowitz undercrossing is closed due to flooding, access across U.S. 101 to/from southern Palo Alto and the Baylands Nature Preserve/Bay Trail does not meet community needs because it requires significant out-of-direction travel south to the San Antonio Road overpass, which primarily serves motorized vehicles and lacks sufficient facilities for bicycles and pedestrians. Access across U.S. 101 is also available to the north on the Oregon Expressway Overpass, but that facility is 1.3 miles away and does not meet current Americans with Disabilities Act (ADA) standards. OJECTIVE (B): To ensure the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations, in the same or adjacent areas. The Project provides improvements to pedestrian and bicycle access to the area including improved connectivity to existing residential and business communities. OBJECTIVE (C): To ensure that sound principles of environmental design and ecological balance shall be observed. The Project has been scoped and designed to minimize impacts to the surrounding environment including location of the proposed structure to minimize impacts to existing vegetation, and habitats, avoidance of pile driving to minimize construction noise and structure type selection that use of prefabricated elements that are manufactured off-site minimizing potential environmental impacts. OBJECTIVE (D): To ensure that the use will be in accord with the Palo Alto Comprehensive Plan. (Ord. 4826 § 121, 2004: Ord. 3048 (part), 1978): The following Comprehensive Plan programs, goals and policies relate to the project: Policy T-1: Make land use decisions that encourage walking, biking, public transit use. The purpose of the proposed project is to improve pedestrian and cyclist connectivity to the Palo Alto Baylands Nature Preserve, East Bayshore Road businesses, and regional Bay Trail network from residential neighborhoods and employment districts in south Palo Alto. The improved connectivity and access would support regional bicycle commuting and encourage greater recreational activity and use of the Baylands and trail system. During the times the existing Benjamin Lefkowitz undercrossing is closed due to flooding, access across U.S. 101 to/from southern Palo Alto and the Baylands Nature Preserve/Bay Trail does not meet community needs because it requires significant out-of-direction travel south to the San Antonio Road overpass, which primarily serves motorized vehicles and lacks sufficient facilities for bicycles and pedestrians. Access across U.S. 101 is also available to the north on the Oregon Expressway Overpass, but that facility is 1.3 miles away and does not meet current Americans with Disabilities Act (ADA) standards. Goal T-3: Facilities, services and programs that encourage and promote walking and bicycling. See response to Policy T-1 above. Goal T-14: Improve pedestrian and bicycle access to and between local destinations, including public facilities, schools, parks, open space, employment districts, shopping centers, and multi- model transit stations. See response to Policy T-1 above. Policy T-17: Increase cooperation with surrounding communities and other agencies to establish and maintain off-road bicycle and pedestrian paths and trails utilizing creek, utility, and railroad rights-of-way. See response to Goal T-1 above. Additionally, an approximately 620-foot-long Adobe Creek Reach Trail would be constructed along the east side of Adobe Creek between Highway 101 and East Meadow Drive in order to connect the new bridge overpass to the surrounding bicycle and pedestrian network on the west side of Highway 101. Program T-19: Encourages the development of bicycle and pedestrian facilities linking trips to parks, schools, retail, centers, and civic facilities, which enables and encourages residents and visitors to bicycle or walk for discretionary trips. See response to Policy T-1 above. Policy T-25: When constructing or modifying roadways, plan for usage of the roadway space by all users, including motor vehicles, transit vehicles, bicyclists, and pedestrians. The Project will improve existing bicycle and pedestrian service along W. Bayshore Road by providing a through bicycle lane where previous bicycle service was forced to either share with pedestrians via the existing sidewalk or to share with adjacent vehicular traffic. Policy T-26: Completed development of the Bay trail and Ridge Trail in Palo Alto The Project connects to the existing San Francisco Bay Trail. Policy T-42: Address the needs of people with disabilities and comply with the requirements of the Americans with Disabilities Act (ADA) during the planning and implementation of transportation and parking improvements. The project proposes an ADA-accessible bicycle and pedestrian overcrossing over Highway 101 to replace an existing underpass that closes during the rainy season. Existing alternative routes during underpass closure (the Oregon Expressway Overpass, 1.3 miles away) does not meet current Americans with Disabilities Act (ADA) standards. Policy C-22: Design and construct new community facilities to have flexible functions to ensure adaptability to the changing needs of the community. The Project has considered proposed future projects within the Project limits and has provide flexibility to accommodate these future facilities such as future utilities and High Occupancy Vehicle (HOV) Express Lanes along Highway 101. Policy L-71: Strengthen the identity of important community gateways, including the entrances to the City at Highway 101. The Project includes architectural enhancements and the City has retained an artist to help strengthen the aesthetic impact of the structure along the Highway 101 gateway to the City. Program L-72: Develop a strategy to enhance gateway sites with special landscaping, art, public spaces, and/or public buildings. Emphasize the creek bridges and riparian settings at the entrances to the City over Adobe Creek and San Francisquito Creek. The Project includes architectural enhancements and the City has retained an artist to help strengthen the aesthetic impact of the structure along the Highway 101 gateway to the City. Views and vistas to Adobe Creek and the Palo Alto Baylands have been maintained and promoted as applicable Policy N-1: Manage existing public open space areas in a manner that meets habitat protection goals, public safety concerns, and low impact recreation needs. The Project minimizes impacts to and promotes views and vistas into the Adobe Creek corridor and the Palo Alto Baylands. OBJECTIVE (E): If the project is located in the Open Space (OS) zone district your letter should also address the 10 Open Space Development Criteria, adopted by the City Council on October 20, 1986. A copy of the development criteria can be obtained at the Planning Division counter. The project would comply with the following 12 open space criteria included in City Municipal Code 18.28.070 as described under each criterion: (1) The development should not be visually intrusive from public roadways and public parklands. As much as possible, development should be sited so it is hidden from view. The Project has been developed to minimize visual impacts to and promotes views and vistas into the Adobe Creek corridor and the Palo Alto Baylands. (2) Development should be located away from hilltops and designed to not extend above the nearest ridge line. The Project structure profile has been kept to a minimum to minimize visual impacts and to keep the top of the structure below the adjacent tree line. The Project is not located near a hilltop. (3) Site and structure design should take into consideration impacts on privacy and views of neighboring property. The Project structure profile has been kept to a minimum to minimize visual impacts. Landscaping has been coordinated with the adjacent property owner (Google) to provide screening and separation from the trail facilities. (4) Development should be clustered, or closely grouped, in relation to the area surrounding it to make it less conspicuous, minimize access roads, and reduce fragmentation of natural habitats. The Project has been developed to form fit into the existing site constraints including Highway 101 and East and West Bayshore Road corridors, Adobe Creek and Barron Creek corridors, the Google campus at (3600 West Bayshore Road), the San Francisco Bay Trail and the Palo Alto Baylands. (5) Built forms and landscape forms should mimic the natural topography. Building lines should follow the lines of the terrain, and trees and bushes should appear natural from a distance. The Project has been developed to conform to and be compatible with the existing uses of the site. The Project would conform to the existing site constraints (including Highway 101 and East and West Bayshore Road corridors, Adobe Creek and Barron Creek corridors, the Google campus (3600 West Bayshore Road), the San Francisco Bay Trail and the Palo Alto Baylands). Replacement vegetation will be similar to the existing native vegetation on-site. (6) Existing trees with a circumference of 37.5 inches, measured 4.5 feet above the ground level, should be preserved and integrated into the site design. Existing vegetation should be retained as much as possible. The Project has coordinated closely with the City Urban Forester regarding necessary tree removal and proposed replacement species and locations. (7) Cut is encouraged when it is necessary for geotechnical stability and to enable the development to blend into the natural topography. Fill is generally discouraged and should never be distributed within the driplines of existing trees. Locate development to minimize the need for grading. The Project has minimized earthwork where possible including the use of deep foundations to support structures to minimize foundation size and associated earthwork. (8) To reduce the need for cut and fill and to reduce potential runoff, large, flat expanses of impervious surfaces should be avoided. The Project has limited impervious surfaces to the footprint of the new trail and the reconstruction of the existing Google parking lot (no addition or loss of parking spacing). (9) Buildings should use natural materials and earthtone or subdued colors. There are no buildings proposed as part of the Project. (10) Landscaping should be native species that require little or no irrigation. Immediately adjacent to structures, fire retardant plants should be used as a fire prevention technique. The Project has coordinated closely with the City Urban Forester regarding necessary tree removal and proposed replacement species and locations. (11) Exterior lighting should be low-intensity and shielded from view so it is not directly visible from off-site. The Project has incorporated lighting fixtures that limit light pollution and light spillage into adjacent facilities and includes cutoff and shields to prevent direct viewing of light sources from adjacent vehicular vantage points to reduce glare and distraction for drivers. (12) Access roads should be of a rural rather than urban character. (Standard curb, gutter, and concrete sidewalk are usually inconsistent with the foothills environment.) There are no access roads proposed as part of the Project. Attachment J Project Plans Hardcopies of project plans are provided to Councilmembers. These plans are available to the public online and by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: www.cityofpaloalto.org/gov/depts/pln 2. Click on “Development Proposals” 3. Click on “Development Projects” in the drop down menu 4. Click on “Adobe Creek/101 Overcrossing (3600 West Bayshore)” to view the project plans Below is a direct link to the project webpage: http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=3935&TargetID=319