HomeMy WebLinkAboutStaff Report 306-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE: AUGUST 3, 2009 CMR: 306:09
REPORT TYPE: CONSENT
SUBJECT: Adoption of a Park Improvement Ordinance for the Renovation of Lytton
Plaza -Capital Improvement Program Project PE-08004j Approve an
Agreement with the Friends Of Lytton Plaza, L.L.C., for the Design,
Construction and Installation of Park Facilities and Other Improvements at
Lytton Plaza j and Adoption of an Ordinance Amending the Budget for Fiscal
Year 2010 to Accept Donations and to Provide an Additional Appropriation in
the Amount of $348,800 and Accept a Donation in the Same Amount From the
Friends of Lytton Plaza, L.L.c., and to Allocate an Additional $50,000 From the
Infrastructure Reserve for the City's Contribution (Not to Exceed $400,000) to
Capital Improvement Program Project PE-08004
RECOMMENDATION
Staff recommends that the Council:
1) Approve and adopt the attached Park Improvement Ordinance for improvements to
Lytton Plaza, 202 University Avenue at Emerson Street (Attachment A).
2) Authorize the City Manager or designee to execute the attached agreement with the
Friends of Lytton Plaza, L.L.C., for improvements located within Lytton Plaza, including
the installation of new paving, water fountain, site amenities, landscaping and other
improvements consistent with the Park Improvement Ordinance (Attachment B).
3) Approve the attached Budget Amendment Ordinance to accept and expend a $348,800
matching donation from the Friends of Lytton Plaza, LLC, and to augment the City's
financial share of the partnership by $50,000 from the Infrastructure Reserve (to a new
total City commitment of $400,000) for the benefit of equipment, amenities, landscaping,
sidewalk replacement and other improvements at Lytton Plaza -CIP Project PE-08004
(Attachment C).
BACKGROUND
Lytton Plaza was conceived and built by local banker Bart Lytton in the early 1960's across
Emerson Street from his bank for the purpose of holding art displays and promotional events for
the bank. In the early 1970's, Lytton Savings and Loan was acquired by Great Western Saving
and Loan Association. Shortly after purchasing Lytton Savings, Great Western expressed its
CMR:306:09 Page 10f5
interest in selling the plaza property. In 1975, the City Council voted to purchase the property
for $154,000, and the City took possession of the plaza in October 1975.
Very little has been done to change the appearance of the plaza since it was purchased by the
City. The donut-shaped planters and circular resting benches are original to the plaza and the
flowering pear trees in the planters are severely root bound and in declining health. The plaza is
frequently used as a staging area for displays during art and wine festivals, the annual May Fete
Parade, and it recently served as a stage for bands during the World Music Day festival. The
plaza has a proud history serving as a freedom of speech area since Vietnam War protests in the
early 1970's.
Situated at the head of University A venue, the plaza is considered an important gateway to the
downtown business district. Rather than serving as a prime meeting and mingling place,
however, the round planters and dilapidated amenities discourage visitors from sitting to enjoy
lunch or to enjoy entertainers on the plaza.
On June 16, 2008, the Council approved a letter of intent between the City and the Friends of
Lytton Plaza to begin design of a renovated plaza (CMR: 281 :08). The Friends hired landscape
architect Gary Laymon, of the Guzzardo Architectural Partnership in San Francisco, to create a
design for the renovated plaza that will be appealing and welcoming.
The renovation of the Plaza will include:
demolition of the existing plaza and sidewalk surfaces
demolition of existing stone wing walls along University A venue and Emerson Street
removal of existing trees
removal of existing lighting
re-pavement of the plaza and adjoining sidewalks
repositioning of the art piece Digital DNA
installation of new lights, tables and benches
installation a new fountain
The intent of the new design is to make the plaza inviting to downtown visitors, merchants and
neighbors, to provide a staging area for small concerts, storytelling and poetry events, and to
provide a gathering place that is conducive to conversations and relaxing.
This project was first introduced to the Park and Recreation Commission on September 23, 2007,
during Oral Communications by Le Levy and Sunny Dykwel. Mr. Levy returned to the
Commission at the October 23, 2007, regular meeting to make a full presentation. Mr. Levy
presented conceptual plans for the renovation of the plaza and gathered input from the
Commission on impacts to parking, social use of the park and ideas about re-Iandscaping and
lighting the plaza. The final plaza design (Exhibit A of Attachment B) incorporates the
comments and suggestions offered by the Commission and the public at that meeting. In
addition to these presentations at Commission meetings, the Friends also gathered public
comments at a public presentation on Lytton Plaza on Wednesday, May 28, 2008, at City Hall.
CMR:306:09 Page 2 of 5
The proposed project has also undergone a full "Site and Design" review by the City's
Architectural Review Board (ARB). The ARB reviewed the project for conformance with City
design standards and aesthetical appropriateness for the area. The plans and design concepts for
this project were reviewed by the Architectural Review Board at three separate meetings. The
plans presented to the Council incorporate all of the suggestions presented by the ARB.
The Park and Recreation Commission reviewed the project again on March 24, 2009, and voted
unanimously to recommend to the City Council adoption of a park improvement ordinance for
the project (Attachment E). Approved minutes from the Commission's meeting are also attached
for reference (Attachment F).
DISCUSSION
Staff has worked cooperatively with the Friends to develop an agreement and right-of-entry to
provide the Friends of Lytton Plaza, LLC exclusive access to the entire plaza and adjacent
sidewalks during construction. The agreement specifies policy and procedural guidelines for the
Friends of Lytton Plaza, LLC to follow regarding design, construction, safety, liability, and
payment details. The agreement follows similar public/private partnership agreements that
provide for authorized non-profit organizations to manage the improvement of City facilities.
Other examples of such partnerships include the Friends of Heritage Park for the construction of
a children's playground, Friends of the Children's Theatre for the construction of the Magic
Castle, and an agreement with Perry-Arrillaga for the construction of a refreshment stand at the
Baylands Athletic Center.
Under the terms of the agreement, the Friends will deposit accumulated donations for the project
($348,800) into a City-designated account. The Friends' funds will be matched with the
$350,000 in Capital Improvement Project funds that the Council approved for the project (CIP
PE-08004). The Friends have solicited bids from qualified and State-licensed contractors. The
selected contractor will be responsible for providing insurance and will indemnify the City and
the Friends against certain risks. The insurance required is similar to the levels of protection
normally required for City public works construction projects.
The initial scope of work envisioned by the Capital Improvement Project was for the renovation
of the plaza up to the edge of the existing sidewalk. When the project was reviewed by the
Architectural Review Board, the Board recommended that the new paver material for the plaza
be extended to the edge of the street curbs on University and Emerson Streets. Staff agreed that
by using the same pavers over the sidewalk up to the edge of the curb, it would not only make
the plaza appear larger, but the pavers would create a more welcoming appearance to the plaza.
The cost for resurfacing the sidewalks along the two edges of the plaza will cost $50,000. There
is an economy of scale in accomplishing this work while the rest of the plaza is being renovated.
Staff has recommended that the City be responsible for the added cost of resurfacing the
sidewalks. Staff therefore recommends that $50,000 from the Infrastructure Reserve be used to
pay for this expense that was not part of the original CIP funding.
The Friends have provided a time line for the project (Exhibit B of the Agreement) that show all
phases and timing of the construction of the project, including staging, demolition, site
preparation, construction, fencing and site clean-up. The Friends have also provided a detailed
CMR:306:09 Page 3 of 5
budget that corresponds to the phased construction plan that demonstrates that all expenses for
the project have been anticipated and adequately provided for (Exhibit C of the Agreement). The
budget also includes a contingency amount (10%) to cover unforeseen construction or design
expenses. The timeline and associated budget have been reviewed by staff to ensure that the
project is viable and that the project can be successfully completed with minimal disruption to
the downtown shopping area or merchants and plaza neighbors.
Once the document is signed and approved, and all requirements met, the Friends will obtain all
necessary building permits from the City. Upon obtaining any necessary building permits, the
Friends will then commence construction activities. The City's Building Inspection Division
will inspect the progress of the construction in order to ensure that the project is constructed
safely and competently according to all codes and specifications. All construction work will be
coordinated with the Utility Department to ensure that there is no adverse impact on utility
infrastructure.
If, for any reason, the Friends are unable to satisfactorily complete the project within the ten-
month time period established by the agreement, the retained dedicated funds for the project will
be used to allow the City to complete the project according to plans.
RESOURCE IMPACT
Partial funding for the City's share of the project is included in Capital Improvement Program
Project -PE-08004 (Lytton Plaza Renovations): $50,000 for design services; $300,000 for
construction services. Additional funding of $50,000 for sidewalk resurfacing, not originally a
part of the CIP's scope of work, is requested from the Infrastructure Reserve. The $350,000 in
Capital Improvement Project funds that were approved by the Council for this project, together
with the $50,000 in funds from the Infrastructure Reserve, have been met by $348,800 in private
contributions from the Friends of Heritage Plaza, LLC.
Funds for this project are included in Capital Improvement Program Project -PE-08004 (Lytton
Plaza Renovation) approved in FY 2006-08 for $350,000 (Attachment D).
Construction costs for the entire project will total $637,272. An additional $63,728 (10%) has
been added for contingency costs. An amount not to exceed $50,000 has been allocated for
design, engineering and surveying expenses. The total cost of the project, therefore, is $748,800.
In addition to the $350,000 previously approved by Council, and the $$348,800 contributed by
the Friends, a Budget Amendment Ordinance in the amount of $50,000 is needed to increase the
appropriation to this project. This additional appropriation will be funded by the Infrastructure
Reserve.
The annual cost for maintaining and operating the plaza is estimated at $6,000. This cost is
approximately the same as the maintenance of the existing plaza and irrigation system. New
lighting fixtures will be much more energy efficient than the existing lights. Landscaping has
been designed to minimize the use of water for irrigation. The cost of operating a water fountain
is estimated at $2,000 per year.
CMR:306:09 Page 4 of5
POLICY IMPLICATIONS
This project is consistent with the City's approved public/private partnership policy as a "joint
partnership project."
This report does not represent any change to existing City policies. The proposed project is
consistent with existing City policy, including Policy C-26: Maintain and enhance existing park
facilities.
ENVIRONMENT AL REVIEW
This project has been determined to have no significant effect on the environment and to be
categorically exempt from review under the California Environmental Quality Act (CEQA) as
repair and maintenance of existing streets and similar facilities pursuant to CEQA Guidelines,
Section 15301 (c).
ATTACHMENTS
Attachment A:
Attachment B:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
PREPARED BY:
Park Improvement Ordinance
Agreement (including exhibits)
Descriptions of the Site
Construction and Installation Schedule
Itemized Budget for the Project
Insurance Requirements for the Project
Budget Amendment Ordinance
Capital Improvement Project PE-08004 Description
Staff report to the Park and Recreation Commission, March 24, 2009
Minutes from the Park and Recreation Commission, March 31, 2009
Interim Director Community Services
CITY MANAGER APPROV AL: ____ j)---ib...::::....---()~~-':::::( (::::~~-~ .. ~~'=== ...... ==---__ JAME~E
City Manager
CMR:306:09 Page 5 of 5
ORDINANCE NO. __
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR IMPROVEMENTS TO
LYTTON PLAZA
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) Lytton Plaza is dedicated to park, playground, recreation or conservation
purposes.
(c) The City intends to authorize the construction of certain plaza improvements
within Lytton Plaza, as shown on the Lytton Plaza Plan (the "Plan"), attached as Exhibit "A":
(l) Removal of existing concrete, stone walls, benches, paving materials,
and lighting systems, and prepare the site for the construction and
installation of new surface materials, benches, water fountain,
landscaping and lighting.
(2) Clearing of vegetation and trimming of existing shrubs and trees in
accordance with City policies, as necessary.
(3) Adjustment and restoration of existing planting and irrigation to
accommodate the proposed improvement.
(4) Construction and installation of sidewalks and retaining structures in
accordance with the Plan.
(5) Installation of site amenities, including, without limitation, benches,
tables and planters, in accordance with the Plan.
(d) The improvements at Lytton Plaza will be limited to the approximately 8,500
square feet of land that is bounded by the street curbing fronting on University Avenue and
Emerson Street, the City Parking Lot P, and the private property located at 220 University
Avenue, all of which constitutes the entirety of the Plaza.
(e) The project improvements will avoid protected trees and other sensItIve
resources, if any. In addition, existing park uses will be restored following the completion of
project construction.
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(f) The project described above and as more specifically described in the Plan,
attached hereto as Exhibit "A," is consistent with park and conservation purposes.
(g) The Council desires to approve the project described above and as more
specifically described in the Plan, attached hereto as Exhibit "A."
SECTION 2. The Council hereby approves the Plan for the construction of the
improvements at Lytton Plaza, and it hereby adopts the Plan, attached hereto as Exhibit "A," as
part of the official plan for the construction of the park improvements at Lytton Plaza.
SECTION 3. The Council finds that the project to construct the facilities at
Lytton Plaza is subject to review under the California Environmental Quality Act.
SECTION 4.
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
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This ordinance shall be effective on the thirty-first day after the
Mayor
APPROVED:
City Manager
Director of Community Services
Director of Administrative Services
2
Contract No. --------
AGREEMENT FOR THE DESIGN, CONSTRUCTION AND
INSTALLATION OF FACILITIES AND OTHER CAPITAL
IMPROVEMENTS AT LYTTON PLAZA
Dated as of 2009 ____ 7
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TABLE OF CONTENTS
Purposes 4
2 Term 5
3 Use; Access to the Site 6
4 Consideration 6
5 Plan for Design, Construction and fnstallation 8
6 Construction and fnstallation of Faci lities 9
7 Maintenance and Repairs 10
8 As-Built Drawings II
9 Ownership of Fac ilities J I
10 Utility Service II
II Insurance I I
12 Indemnity 13
13 Waiver 14
14 Assignment 14
15 Default; Remedies for Default 14
16 Notices 14
17 Miscellaneous Provisions 15
Exhibit "A" Description of the Site
Exhibit "8" Construction and Installation Schedule for the Facilities
Exhibit "c" Itemized Budget for the Facilities
Exhibit "D" Insurance Requirements
Contract No. _________ _
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AGREEMENT FOR THE DESIGN, CONSTRUCTION AND
INSTALLATION OF FACILITIES AND OTHER CAPITAL
IMPROVEMENTS AT LYTTON PLAZA
This Agreement for the Design, Construction and Installation of Facilities
and Other Capital Improvements at Lytton Plaza (the "Agreement"), dated, for
convenience, , 2009 (the "Effective Date"), is made and
entered into by and between the CITY OF PALO ALTO, a chartered California
municipal corporation (the "CITY") and the FRIENDS OF LYTTON PLAZA PARK,
LLC, a California limited liability company (the "FRIENDS") (individually, a "Party"
and, collectively, the "Parties"), in reference to the following facts and circumstances:
RECITALS:
A. The CITY has designated as a city park under Palo Alto Municipal Code
section 22.08.360 a 0.195 acre site commonly known as Lytton Plaza, bounded by
University Avenue, Emerson Street, and the CITY's parking lot P in Palo Alto, California
(the "Plaza").
B. The FRIENDS intends to benefit the CITY and the general public by
designing, constructing and installing on the approximately 8,500 square feet of the Plaza
(the "Site") a certain water fountain, benches, tables, planter containers and associated
capital improvements and structures (the "Facilities"). The schematic description and
site map of the Site is described in and attached hereto as "Exhibit A." A design,
construction and installation schedule for the Facilities is included in "Exhibit B."
C. The FRIENDS will design, construct and install the Facilities at
substantially its own cost and expense. The CITY will grant to the FRIENDS an amount
of funds not to exceed $400,000, which the FRIENDS will apply towards the acquisition
and construction and installation costs of the Facilities.
D. Upon the completion of the construction and installation of the Facilities,
the FRIENDS will deliver possession of the Site to the CITY and it also will transfer all
rights, title and interests in and to the Facilities to the CITY.
E. Pursuant to the CITY's policy and procedures, the CITY is required to
budget one percent of the construction costs of a CITY capital improvement project for
public art in, among other places, parks and plazas. The CITY intends to allocate I % of
the budget for the Facilities to the "Digital DNA" sculpture's (the "Sculpture") removal
from and subsequent installation in the Plaza.
IN CONSIDERA nON OF the foregoing recitals and the following
covenants, terms and conditions, the Parties agree:
AGREEMENT:
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I. PURPOSES
1.1 The Parties acknowledge that the foregoing Recitals A through E
are hereby ratified and approved, and are incorporated in this Agreement. The purposes
of this Agreement are to:
(a) grant the FRIENDS and its contractors, agents and representatives
temporary access to the Site during the Term in order that the FRIENDS may construct
and install, or cause the construction and installation of, the Facilities;
(b) provide for the preparation by the FRIENDS, and the review and
approval by the CITY, of the FRIENDS' plans, specifications and working drawings for
the Facilities;
(c) provide for the completion of construction and installation of the
Facilities by the FRIENDS and its contractors, agents and representatives and the
granting of the CITY's approval and acceptance of the Facilities; and
(d) provide for the transfer of possession of the Site and all rights, title and
interests in and to the Facilities to the CITY upon the completion of construction and
installation of the Facilities.
1.2 Notwithstanding any provisions of this Agreement to the contrary,
the FRIENDS shall not be responsible for any work of construction necessary to correct,
remove, or repair any undiscovered pre-existing conditions under the Plaza, under the
sidewalks adjacent to the Plaza, or under Parking Lot P.
1.3 In regard to the off-site improvements relating to the Facilities at
the Plaza, the following will apply:
(a) Notwithstanding any provisions of this Agreement to the contrary, the
FRIENDS shall be responsible for the construction, installation, repair, or maintenance of
any underground improvements or facilities that may be required to bring the necessary
utility services to the Plaza, such as water lines, electrical service, storm drain lines
connecting to existing underground lines, or any other above ground or underground off-
site improvements or facilities (collectively "Off-Site Improvements") that may be
required for the use of the Plaza and any of the Facilities, as described in Recital B above,
that are constructed or installed, or caused to be constructed or installed, by the
FRIENDS at the Site. The foregoing provision regarding the obligation of the Friends
with respect to the Off-Site Improvements takes into account that, as of the Effective
Date, there exist a water line, an electrical line, and a stonn drain connection to and at the
Plaza.
(b) The FRIENDS' general contractor will collaborate and otherwise
coordinate with the CITY's contractor in the removal of the Sculpture, currently located
in the Plaza, prior to the commencement of construction of the Facilities by the
FRIENDS' general contractor. In that regard, the FRIENDS' general contractor will
disassemble the Plaza's ground level flooring and then the CITY's contractor will remove
and store the Sculpture during the period of construction, and make arrangements with
090728 jb 0072987 4
the CITY for the appropriate repair and restoration of the Sculpture prior to its
subsequent installation at a new location in the Plaza. The footing of the Sculpture will
be constructed to the completed footing, as may be required under the contract between
the FRIENDS and its general contractor, subject to the cooperation and assistance with
the CITY's contractor, by a date mutually agreed to by the Parties.
1.4 The CITY, at its sole cost and expense, will be responsible to
perform any work of construction necessary to correct, remove, or repair any such
undiscovered pre-existing conditions referred to in Section 1.2 above.
1.5 The FRIENDS, at its sole cost and expense, will be responsible for
constructing the Off-Site Improvements referred to in Section 1.3(a) above.
1.6 For the purposes of this Agreement, the term "Facilities" will not
include the work required to correct, repair, or remove any undiscovered pre-existing
conditions or to perform any of the tasks relating to the Sculpture.
1.7 In the event the Site is destroyed by any cause that renders the Site
unfit for the purposes described in Section 1.1 hereof, and its physical condition cannot
be repaired within one hundred eighty (180) days from the date of destruction, then either
Party may give written notice of termination of this Agreement, which will become
effective thirty (30) days after the other Party's receipt of such notice.
1.8 Nothing in this Agreement will be construed to limit the CITY's
right to temporarily revoke the authority of the FRIENDS or its contractors, agents and
representatives to gain access to the Site for the purposes hereof in the event of an
uncured default and breach of this Agreement by the FRIENDS or irrespective of any
breach by the FRIENDS, in the interest of the public health, safety and welfare.
2. TERM
2.1 This Agreement shall be for a term of ten (10) months (the
"Term"), commencing upon the Effective Date, when the Parties have duly executed and
delivered this Agreement. If the completion of construction and installation of the
Facilities is delayed for any reason beyond the reasonable control of the FRIENDS, then
the Parties may agree, in writing, to extend the Term on a month-to-month basis, in order
to permit the completion of construction and installation of the Facilities by the
FRIENDS or its contractors, agents and representatives. Upon (a) the FRIENDS'
completion of any punch-list items within the time specified in Section 6.7.5, (b) the
CITY's determination that the FRIENDS have achieved full completion of the
construction and installation work, and (c) the CITY's acceptance of the Facilities by
written notice to the FRIENDS, this Agreement will expire or otherwise terminate
without notice to either Party. The Term will not extend on or after July 1, 20 10.
3. USE; ACCESS TO THE SITE
3. I Subject to all covenants, terms and conditions hereof, the CITY
hereby grants to the FRIENDS, its members, directors, officers, employees, consultants,
contractors, agents and representatives the revocable, nonexclusive right to enter the Site
090728 jb 0072987 5
for the purposes hereof. No other rights, title or interests, including, without limitation,
any estate, ownership, leasehold, easement or other property interest, in the Site is
granted or intended to be granted by the CITY to the FRIENDS by this Agreement.
4. CONSIDERATION
4.1 The FRIENDS will obtain contributions from the community to
defray substantially all of the costs and expenses of the design, construction and
installation of the Facilities, excepting only those funds which the CITY will contribute
pursuant to Recital C and Section 4.4, and excepting the cost to correct, repair, or remove
any undiscovered pre-existing conditions, which are required for the operation and use of
the Plaza. The contributions received by the FRIENDS will be used exclusively to pay
for the services of a duly licensed landscape architect, a project manager, and any other
individual whose services are reasonably required to complete the design and
construction and installation of the Facilities, plus reasonably related project costs and
expenses. The services of the foregoing individuals will be obtained by means of an
informal competitive selection process conducted by the FRIENDS. The FRIENDS will
deliver all funds and other financial contributions that it receives to the CITY, which will
deposit such funds and other contributions in a CITY fund or account and will disburse
accordingly, as described in Section 4.4. The FRIENDS will be obligated to pay any fee
or charge for utility services rendered to the FRIENDS at the Site in connection with the
Facilities' construction and installation.
4.2 The FRIENDS also will undertake a community outreach program
to provide information to the businesses and residents in the neighborhood of the Plaza
concerning the Facilities for the purpose of soliciting the input and support for the
Facilities and construction work and to seek ways to mitigate, to the maximum extent
possible, the loss of use of park facilities during the period of construction. As
practicable, the FRIENDS will coordinate its construction and installation efforts at the
Site with the surrounding neighboring businesses at the Plaza in connection with the
construction and installation of the Facilities.
4.3 Prior to the commencement of construction and installation of the
Facilities, the FRIENDS will furnish to the CITY's Director of Administrative Services
evidence that assures the CITY there will be sufficient funds available from funds to be
provided by the FRIENDS, funds raised by the FRIENDS in the community outreach
program referred to in Section 4.2, and the funds contributed by the CITY pursuant to
Recital B and Section 4.4 to complete the construction and installation ofthe Facilities by
the FRIENDS and its contractors, agents and representatives. The term "sufficient funds"
referred to in this Agreement means the total amount of all actual costs of construction
and installation of the improvements, equ ipment, and structures that constitute the
Facilities, as set forth in the FRIENDS' itemized budget, attached hereto and
incorporated herein by reference as Exhibit "c." The budget wi II include an additional
ten percent (10%) of the estimated total amount of all actual costs of the Facilities as a
contingency to meet any unforeseen costs that may arise during the construction and
installation of the F aci lities.
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4.3.1 Evidence of assurance will take the following form: Evidence of
the deposit by the FRIENDS of the total amount of sufficient funds for the Facilities, as
defined herein, into the separate account maintained by the CITY with disbursements
from that account requiring the signatures of authorized representatives of the Parties will
be furnished. At such times as the FRIENDS has currently payable invoices for the
Facilities, the CITY will take the steps necessary to expedite its approval process so that
funds can be disbursed from the account maintained by the CITY, which will be
sufficient to satisty the FRIENDS's accounts payable. The CITY will use reasonable
efforts to process the requests for payment in a manner which permits the FRIENDS to
remain current on its obligations. The Director of Administrative Services, or designee,
will be the CITY's representative for all purposes hereof. If this Agreement is terminated
for any reason, before the expenditure of all the funds in the CITY's fund or account can
occur, the CITY will be entitled to all rights, titles and interests in the funds; provided,
however, the CITY will thereafter expend the funds only for the purpose of constructing
and installing the Facilities, or part thereof, that is not completed at the effective date of
termination. If any portion of the amount remains and is not disbursed following the
completion of the Facilities, the remainder will be retained by the CITY and used to
defray the costs of maintenance of the Facilities at the Site.
4.3.2 The account will be maintained in the name of the CITY in a form
reasonably acceptable to the Director of Administrative Services.
4.4 As of the Effective Date, the CITY will establish (or has
established) a Lytton Plaza Capital Improvement Project Fund account within the Capital
Improvement Project budget for FY 2009-10 ("CPI PE-08004"), relating to the
Facilities. Because the CITY is required by its policy and procedures to reduce its
contribution to the Facilities' costs by the one percent for arts program expenditure,
which will be used to pay for the CITY's contractor's services, the CITY will reduce its
contribution to the FRIENDS in an amount not to exceed four hundred thousand dollars
($400,000.00) (drawn from CPI PE-08004) by a sum equal to the lesser of (a) three
thousand five hundred dollars ($3,500.00) or (b) a sum equal to one percent of the
difference between the FRIENDS' direct construction costs and the FRIENDS' design
costs. For the purposes of illustrating the manner of calculating the amount referred to in
Section 4.4(b), the following formula will be used: A -(.01 x [(B -A) -C), where A is
the CITY's not-to-exceed contribution amount of $400,000, B is the positive difference
between the FRIENDS' direct construction costs amount of $800,000 and the CITY's
not-to-exceed contribution amount of $400,000, and C is the FRIENDS' design costs
amount of$50,000. The amount of$396,500 is the maximum amount that the CITY will
contribute to the FRIENDS for the costs of designing, constructing and installing the
Facilities, which amount is calculated, as follows: $400,000 -(.01 x [$800,000 -
$400,000] -$50,000) or $3,500. If the costs of the CITY's contractor services exceed
$3,500, the CITY will not apply any amount in excess of $3,500 to further reduce the
CITY's maximum contribution.
4.4.1 The CITY will administer and coordinate the receipt and
disbursement of these funds, which will be expended for all costs and expenses related to
the design and the construction and installation of the Facilities at the Site. No interest on
the accumulated funds will be paid by the CITY. If, for any reason, the Parties determine
090728 Jb 0072987 7
not to commence the construction and installation of the Facilities at the Site, then the
Parties will agree to share the cost of the design services relating to the Facilities. The
CITY will be obligated to pay the FRIENDS the Jesser of one-half of the design costs or
fifty thousand dollars ($50,000.00).
4.5 The CITY will issue permits, as required, and waive the obligation
of the FRIENDS to pay any and all penn it-and permit-related fees and charges that are
due and payable to the CITY's general fund with respect to the design and the
construction and installation of the Facilities at the Site and any other related work to be
performed by the FRIENDS in connection therewith; provided, however, the CITY will
not waive the obligation of the FRIENDS to pay any rate, fee or charge that is due and
payable to any of the CITY's enterprise funds for utility services that are rendered to the
FRIENDS at the Site or the Plaza (other than the utility costs to be paid by the CITY
pursuant to Section 1.2 with respect to any undiscovered pre-existing conditions or any
Off-Site Improvements).
4.6 The CITY will provide staff support, inspection services and other
assistance to the FRIENDS, UpO!1 reasonable request, in connection with the initiation
and completion ofthe Facilities.
5. PLAN FOR DESIGN, CONSTRUCTION AND INSTALLATION
5.1 The FRIENDS will prepare or cause to be prepared final plans and
specifications and working drawings (the "Plans") for the design and the construction
and installation of the structures and improvements constituting the Facilities to be
located at the Site, as described in Exhibit "A." The FRIENDS will concurrently submit
the Plans to the CITY's Community Services Department, Planning and Community
Environment Department and the Public Works Department as well as to the appropriate
board and commissions, including, without limitation, the Parks and Recreation
Commission, the Planning Commission, and the Council for review and approval.
5.2 The FRIENDS will obtain and maintain all CITY-issued permits
and other authorizations required for the completion of the Facilities and will furnish to
the CITY upon request during the construction and installation phases any and all
financial and non-financial security deemed necessary and appropriate by the CITY,
including, without limitation, evidence of insurance coverage, indemnity agreement, and
lien waivers; the CITY will not require the FRIENDS to provide performance and
payment bonds, provided that the CITY has first determined pursuant to Section 4.3 that
there are sufficient funds available to complete the construction and installation of the
Facilities by the FRIENDS and its contractors, agents and representatives.
6. CONSTRUCTION AND INSTALLATION OF FACILITIES
6.1 The FRIENDS will commence the design and the construction and
installation within thirty (30) days after the Effective Date in accordance with the
construction and installation schedule, as set forth in Exhibit "B." All construction and
installation work will be conducted in an efficient and workmanlike manner in substantial
compliance with the approved time schedule. The FRIENDS, at its cost and expense,
090728 jb 0072987 8
will arrange for the placement of a portable restroom at the Site during the Term and at
any time that the FRIENDS and its contractors, agents and representatives will be
performing work in regard to the Facilities.
6.2 The FRIENDS will comply with the CITY's regulations governing
construction noise controls and regulations governing dust control, all as set forth in the
Palo Alto Municipal Code.
6.3 The FRIENDS will be responsible to accomplish all associated
work required to complete and install the Facilities and it will be required to comply with
all conditions that are imposed on the Facilities during the CITY's approval process.
6.4 The FRIENDS will include standard CITY requirements in all
equipment purchases and construction contracts with third parties in regard to warranties
and workmanship guarantees for the Facilities.
6.5 All contractors, subcontractors, and other personnel who will
perform the construction and installation work at the Site under contract with the
FRIENDS will obtain and maintain all current licenses required by the State of California
during the Term.
6.6 The Facilities will be constructed and installed at the Site in
compliance with the approved Plans. Any conditions relating to the manner, method,
design and construction of the Facilities establ ished under the CITY's approval process
will be conditions of this Section 6.6 as if they were stated and otherwise fully
incorporated in this Agreement. Upon the completion of construction and installation, the
FRIENDS's project manager for the Facilities will submit to the CITY's Manager, Open
Space and Parks, a certificate of inspection, verifying that the construction and
installation were completed in conformance with Title 24 of the California Code of
Regulations.
6.7 For the purposes of this Agreement, the Facilities will be deemed
completed at the time all of the following have occurred:
6.7.1 The FRIENDS' landscape architect has delivered a statement, in
writing, to the CITY, stating that the Facilities have been substantially completed in
accordance with the Plans;
6.7.2 The FRIENDS has obtained all necessary CITY inspections of and
approvals for the Facilities;
6.7.3 The Parties' representatives have inspected the Facilities, and all
major defects and incomplete items that materially impair the use of the Plaza have been
remedied and a "punch-list" of minor defects has been prepared for prompt repair and
completion by the FRIENDS.
6.7.4 All trash and garbage has been removed from the Site.
090728.i b 0072987 9
\ '
6.7.5 The CITY has confirmed, in writing, that the FRIENDS has
complied with the provisions of this Section 6.7, including subsections 6.7.1 through
6.7.6, and final acceptance by the CITY has been issued. As a condition precedent to the
CITY's acceptance of the Facilities, the FRIENDS will complete the "punch-list" items
within a reasonable time but by no later than thirty (30) days after the CITY has made a
preliminary determination that the Facilities is deemed completed.
6.7.6 Concurrently with the confirmation, in writing, by the CITY to the
FRIENDS that the CITY has accepted the Facilities and the FRIENDS has made the
Plaza available to the CITY for use by the public after substantial completion of
construction. The construction contract entered into between the FRIENDS and the
FRIENDS' general contractor shall provide that the general contractor's guarantee shall
be for the direct and immediate benefit of the FRIENDS and the CITY jointly, and shall
guarantee, in writing, that the work, materials, apparatus, equipment and workmanship
that have been performed, used, installed or otherwise incorporated in the Facilities are
free of defects, and the FRIENDS' general contractor, at its sole cost and expense, shall
agree to repair or replace any defective work, materials, apparatus, or equipment or
workmanship which is discovered by the FRIENDS or the CITY within one (1) year from
the date of substantial completion of the Facilities.
7. MAINTENANCE AND REPAIRS
7.1 The FRIENDS, at its sole cost, will maintain the Site and the
Facilities during the Term in a commercially reasonable, clean and safe manner to the
complete satisfaction of the CITY and in compliance with all applicable laws. The
FRIENDS will provide approved containers for trash and garbage generated at the Site
and arrange for their disposal. The CITY reserves the right to enter and inspect the Site
for compliance with this maintenance requirement and applicable safety requirements.
The FRIENDS will be responsible for any damage to the Site or the Facilities that arises
in connection with the construction and installation activities at the Site. The CITY will
be responsible for the pre-existing condition of any utilities at the Site at the
commencement of construction and installation in addition to the responsibilities of the
CITY, as described in Section 1.2.
7.2 If the FRIENDS fails to properly maintain the Site, then the CITY
may notify the FRIENDS, in writing, of such failure. The FRIENDS will be afforded a
reasonable period of time in order to bring the Site to a clean and safe condition. The
CITY, at its option, may elect to enforce its rights and remedies, including, without
limitation, entering the Site to ensure the safety of all persons and property thereon.
7.3 The obligation of the FRIENDS to maintain and repair the Site and
the Facilities will terminate upon the CITY's acceptance of the Facilities pursuant to
Section 6.7.6. Thereafter, the CITY will maintain and repair the Site in accordance with
the standards, customs and practices of the CITY pertaining to its maintenance and repair
of property owned or controlled by the CITY.
8. AS-BUIlL T ORA WINGS
090728 jb 0072987 10
8.1 Upon the completion of construction and installation of the
Facilities, the FRIENDS will provide the CITY's Director of Public Works with a
complete set of 24" by 36" 3 mil Mylar® reproducible "as built" Plans, reflecting the
actual construction and installation of the Facilities performed or caused to be performed
by the FRIENDS at the Site pursuant to this Agreement.
9. OWNERSHIP OF F ACJLITIES
9.1 The FRIENDS covenants that the Facilities will be free and clear
of all liens, claims or liability for labor or materials at the time of completion of the
construction and installation thereof. The FRIENDS will execute a quitclaim deed or
other document acceptable to the CITY to reflect the transfer to the CITY of the
ownership of the Facilities and all rights, title and interests therein.
10. UTILITY SERVICE
10.1 The FRIENDS will be responsible for paying for all utility
services, including electric, water, and waste water services, provided at the Site, as more
fully described in Exhibit "8" hereof, which the FRIENDS requires in order to construct
and install the Facilities and the other improvements at the Site. In the construction and
installation of the Facilities and other improvements, the FRIENDS will not cause
damage to the CITY's utilities at the Site or the Park. The FRIENDS will be liable for the
repair or replacement costs of the CITY's utilities at the Site or the Park that are damaged
by the FRIENDS (including any person hired or used by the FRIENDS) in connection
with the construction and installation of the Facilities and other improvements. The
repair or replacement costs will be payable on demand of the CITY. The obligations of
the FRIENDS under this Section 10.1 will terminate upon the CITY's final acceptance of
the Facilities pursuant to Section 6.7.
II. INSURANCE
ILl The FRIENDS, its consultants and/or general contractors, ifany, at
their sole cost and expense, will obtain and maintain during the Term the insurance
coverage described in Exhibit "0," insuring not only the FRIENDS and its consultants
and contractors, respectively, but also with the exception of workers compensation,
employer's liability and professional liability insurance, naming the CITY as an
additional insured concerning the FRIENDS' performance under this Agreement.
11.2 Any deductibles or self-insured retentions must be declared to and
approved by the CITY. At the option of the CJTY either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the CITY, its elected or
appointed officials, officers, employees, and volunteers; or the FRIENDS shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and
defense expenses. The insurance shall remain in full force and effect during the Term,
commencing on the Effective Date and ending on the termination of this Agreement.
Each insurance policy required by this Agreement shall contain the following clauses:
090728 jb 0072987 11
(a) "Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt
requested, has been given to the CITY."
(b) "All rights of subrogation are hereby waived against the CITY OF
PALO ALTO and its elected and appointed officials, officers or
employees, when acting within the scope of their employment or
appointment. "
(c) "The CITY OF PALO ALTO is named as a loss payee on the
Facilities and builders' risk insurance policies described above."
(d) "The CITY OF PALO ALTO, its elected and appointed officials,
officers, employees, agents and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by
or on behalf of the FRIENDS; products and completed operations
of the FRIENDS; premises owned, occupied or used by the
FRIENDS; or automobiles owned, subleased, hired or borrowed by
the FRIENDS. Except for the waiver of subrogation contained in
Section 11.4, the coverage shall contain no special limitations on
the scope of protection afforded to the CITY, its elected and
appointed officials, officers, employees, agents or volunteers."
(e) "For any claims related to this Agreement, the FRIENDS'
insurance coverage shall be primary insurance as respects the
CITY OF PALO ALTO, its elected and appointed officials,
officers, employees, agents and volunteers. Any insurance or self-
insurance maintained by the CITY, its elected and appointed
officials, officers, employees, agents or volunteers shall be excess
of the FRIENDS' insurance and shaii not contribute with it."
(f) "Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to the CITY OF PALO ALTO, its elected and appointed
officials, officers, employees, agents or volunteers."
(g) "The FRIENDS' insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with
respect to the limits of the insurer's liability."
11.3 All insurance required of the FRIENDS, its consultants and/or
general contractors by this Agreement will be provided by insurer carriers with a current
A.M. Best's rating of not less than A:VII. The FRIENDS will deposit or will cause to be
deposited with the CITY, on or before the Effective Date, certificates of insurance
necessary to satisfy the CITY that these insurance provisions have been complied with,
and to keep such insurance in effect and the certificates therefor on deposit with the
CITY during the Term. If the FRIENDS does not provide evidence of coverage at least
090728 jb 0072987 12
thirty (30) days prior to the expiration of any existing insurance coverage, the CITY may
purchase such insurance coverage for not more than a six-month period, on behalf of and
at the sole cost and expense of the FRIENDS. The CITY retains the right to review the
coverage, form, and amount of the insurance coverage required by this Agreement and
require the FRIENDS to alter the coverage, as appropriate. The CITY's requirements
shall be reasonable and shall be designed to assure protection from and against the kind
and extent of risk which exists at the time a change in insurance is required. A failure by
the FRIENDS or the FRIENDS' general contractor to provide acceptable insurance
policies or certificates with the CITY incorporating such changes within thirty (30) days
of receipt of such notice will constitute a default under this Agreement. Such default will
constitute a material breach and shall be grounds for termination of this Agreement by the
CITY. The procuring of such required insurance will not be construed to limit the
FRIENDS' liability hereunder or to fulfill the indemnification provision and requirements
of this Agreement. Notwithstanding the policy or policies of insurance, the FRIENDS
shall be obligated for the full and total amount of any damage, injury, or loss occurring
during the Term that is caused by the FRIENDS or its landscape architect, general
contractor, or design professionals, or connected with this Agreement or with use or
occupancy of the Site by the FRIENDS or its landscape architect, contractors, or design
profess ionals.
11.4 All rights of subrogation are hereby waived by the CITY against
the FRIENDS and its managers, members, employees, and agents when any of them is
acting on behalf of the FRIENDS in the performance of this Agreement.
12. INDENfNITY
12.1 The FRIENDS will protect, defend, indemnify and hold harmless
the CITY, its elected and appointed officials, officers, employees and representatives,
from any and all demands, claims, damage, loss or liability of any nature, including death
of or injury to persons, property damage or any other loss, caused by or arising out of the
FRIENDS' or any of its landscape architect's or contractor's negligent acts, errors, or
omissions, or willful misconduct, in the performance of or failure to perform its
obligations under this Agreement. The foregoing indemnity obligation of the Friends
shall expire and be of no further force or effect upon the confirmation, in writing, by the
CITY that the CITY has accepted the Facilities, except for any pending claims made, in
writing, that are received by the FRIENDS, the FRIENDS' general contractor, or the
CITY prior to such acceptance.
13. WAIVER
13.1 The waiver by either Party of any breach or violation of any
covenant, term, or condition of this Agreement or of the provisions of any park
improvement ordinance or other CITY law will not be deemed to be a waiver of any such
covenant, term, condition, or ordinance or of any subsequent breach or violation of the
same or any other covenant, term, condition, or ordinance. The subsequent acceptance
by either Party of any consideration which may become due or payable hereunder will
not be deemed to be a waiver of any preceding breach or violation by the other Party of
any other covenant, term, or condition of this Agreement or any ordinance.
090728 jb 0072987 13
14. ASSIGNMENT
14.1 The FRIENDS will not assign, transfer, or convey this Agreement
without the express written approval of the CITY, and any such assignment, transfer or
conveyance without the approval of the CITY will be void and in such event, at the
CITY's option, this Agreement may be terminated upon notice to the FRIENDS.
15. DEFAULT; REMEDIES FOR DEFAULT
15.1 Except as otherwise provided under this Agreement, should the
FR I ENDS default in the performance of any covenant, term or condition contained in this
Agreement and such default is not corrected within thirty (30) days of receipt of a notice
of default from the CITY, the CITY may elect to enforce any of the following rights and
remedies: (a) terminate this Agreement and alJ rights of the FRIENDS and its consultants
and contractors, if any; (b) cure any default of the FRIENDS by performance of any act,
including payment of money, and the cost and expense thereof, plus all reasonable
administrative costs, will become immediately due and payable by the FRIENDS to the
CITY; (c) initiate an action or suit in law or equity to enjoin any acts which may be
unlawful or in violation of the rights of the CITY hereunder; or (d) pursue any other right
or remedy as may be provided in this Agreement.
15.2 In the event of a default which cannot reasonably be cured within
thirty (30) days, the FRIENDS shall have a reasonable period of time to cure the default.
The remedies given to the CITY hereunder, or by any law now or hereafter enacted, are
cumulative and the exercise of one right or remedy shall not impair the right of the CITY
to exercise any or all other remedies. In case any suit, action or proceeding to enforce
any right or exercise any remedy shall be brought or taken and then discontinued or
abandoned, then, and in every such case, the Parties will be restored to their former
positions, rights and remedies as if no such suit, action or proceedings had been brought
or taken.
16. NOTICES
16.1 All notices, requests and approvals by a Party will be given, in
writing, and del ivered by personal service, the United States Postal Serv ice, express
delivery service, or facsimile transmission, as follows:
TO CITY:
090728 jb 0072987
City of Palo Alto
1305 Middlefield Road
Palo Alto, CA 94301
Phone: (650) 463-4951
Fax: (650) 321-5612
E-Mail :Greg.Betts@CityofPaloAlto.org
ATTN: Greg Betts, Interim Director
14
TO FRIENDS: Friends of Lytton Plaza Park, LLC
721 Emerson Street
Palo Alto, CA 94301
Phone: (650) 543-2211
Fax: (650) 543-2211
E-Mail: Barbara@GardenCourt.com
Attention: Barbara Gross
17. MISCELLANEOUS PROVISIONS
17.1 This Agreement will be governed by and construed in accordance
with the laws of the State of California and the Charter of the City of Palo Alto and the
Palo Alto Municipal Code. The Parties will comply with all applicable federal, state and
local laws in the exercise of their rights and the performance of their obligations under
this Agreement.
17.2 All provisions of this Agreement, whether covenants or conditions,
will be deemed to be both covenants and conditions.
17.3 This Agreement represents the entire agreement between the
Parties and supersedes all prior negotiations, representations and contracts, written or
oral. This Agreement may be amended by an instrument, in writing, signed by the
Parties. This Agreement may be executed in any number of counterparts, each of which
will be an original, but all of which together will constitute one and the same instrument.
17.4 All exhibits referred to in this Agreement are by such references
incorporated in this Agreement and made a part hereof. The following exhibits are made
a part of this Agreement:
Exhibit "A" -Description of the Site
Exhibit "B" -Construction and Installation Schedule for the Facilities
Exhibit "C" -Itemized Budget for the Facilities
Exhibit "D" -Insurance Requirements
17.5 Upon request of the CITY, the FRIENDS will furnish to the CITY
for its review and approval copies of its articles of organization, operating agreement, and
other information relating to its organization status.
17.6 This Agreement is subject to the fiscal provisions of the Charter of
the City of Palo Alto and the Palo Alto Municipal Code. This provision will take
precedence in the event of a conflict with any other covenant, term or condition of this
Agreement.
17.7 The Parties agree that the normal rule of construction to the effect
that any ambiguity is to be resolved against the drafting party will not be employed in the
interpretation of this Agreement or any amendment or Exhibit hereto.
090728 jb 0072987 15
IN WITNESS WHEREOF, the Parties by their duly authorized
representatives have executed this Agreement on the Effective Date.
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Director of Administrative Services
Director of Community Services
090728 jb 0072987
CITY OF PALO ALTO
City Manager
FRIENDS OF LYTTON PLAZA PARK,
LLC Me~~
;~ 7<----, r;;-
Member
16
, ,
Lytton Plaza
""'v Aho, C"M¢fhi,'l
090728 jb 0072987
"
-/
EXHIBIT "A"
DESCRIPTION OF THE SITE
..,...
17
Layout Plan
L·7
EXHIBIT "B"
CONSTRUCTION AND INSTALLATION SCHEDULE FOR THE FACILITIES
090728 jb 0072987 18
EXHIBIT "C"
ITEMIZED BUDGET FOR THE FACILITIES
090728.ib 0072987 19
REQU[RED
YES
YES
YES
YES
YES
YES
EXHIBIT "D"
INSURANCE REQUIREMENTS
THE FRIENDS AND/OR ITS GENERAL CONTRACTOR. AT ITS SOLE EXPENSE. SHALL DURING THE
TERM OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED
BELOW, AFFORDED BY COMPANIES WITH A BEST'S KEY RATING OF A-:VII, OR HIGHER,
LICENSED OR AUTHORIZED TO TRANSACT INSCRANCE BUSINESS IN THE STATE OF
CALIFORJ'IIA.
M[NIMUM LIMITS
TYPE OF COVERAGE REQU[REMENT EACH
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
AUTOMOB[LE LIABILITY STATUTORY
BODIL Y [NJURY $1,000,000 $1,000,000
COMPREHENS[VE GENERAL
LIAB[LITY, [NCLUD[NG PERSONAL PROPERTY DAMAGE $1,000,000 $1,000,000
[NJURY, BROAD FORM PROPERTY
DAMAGE BLANKET CONTRACTUAL, BOD[L Y INJURY & PROPERTY DAMAGE $1,000.000 $ [,000,000
AND FIRE LEGAL LIAB[LITY COMBINED.
BOD[LY [NJURY $1,000.000 $1.000.000
-EACH PERSON $1,000,000 $ [.000,000
COMPREHENSIVE AUTOMOB[LE -EACH OCCURRENCE $1,000,000 $[,000,000
LIABILITY, [NCLUDlNG, OWNED,
HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODIL Y [NJURY AND PROPERTY DAMAGE, $1,000,000 $1,000,000
COMB[NED
PROFESSIONAL LIABILITY,
[NCLUDlNG, ERRORS AND
OM[SSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE ALL DAMAGES $1,000.000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSlJRED PROPOSER, AT [TS SOLE COST AND EXPENSE,
SHALL OBTA[N AND MA[NTA[N, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HERE[N DESCRIBED, INSUR[NG NOT ONLY PROPOSER AND ITS SUBCONSUL TANS,
[F ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL
[NSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COVNClL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
. COMPLIANCE WI rH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY-DAY ADVANCE NOTICE TO THE CITY OF A
CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE
FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY -SEE SECTION, SAMPLE
AGREEMENT FOR SERVICES.
II. SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. OR
COMPLETE THIS SECTION AND IV THROUGH V, BELOW.
A. NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR
BROKER):
B. NAME. ADDRESS. AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER:
090728.1b 0072987 20
C. POLICY NUMBER(S):
D. DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE
CITY'S PRIOR APPROVAL):
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO
"ADDITIONAL INSURES"
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED
INSURED. INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT
ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR
FOR THE BENEFIT OF THE ADDITIONAL INSURES.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM. OR CORPORATION AS INSURES
UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY
RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE
NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
I. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING
COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM. THE ISSUING COMPANY SHALL PROVIDE CITY AT
LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
IV. UNDERSIGNED CERTIFIES THAT THE FRIENDS' INSURANCE COVERAGE MEETS THE ABOVE
REQU I REMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNA TlJRE(S) BELOW.
Fiml:
Signature:
Name:
(Print or type name)
Signature:
Name:
(Print or type name)
NOTICES SHALL BE MAILED TO:
090728 jb 0072987
PURCHASING AND
CONTRACT ADMINISTRATION
CJTY OF PALO ALTO
P.O. BOX 10250
PALO ALTO. CA 94303.
21
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I,V1\!ICOiJrJ11 yr
EXISTING P·....ANT[R, TYP
P(RFOFlATED DRAIN PIPE SY~T~M
CONN:CTION TO STORM DRAtN
SEE SECTION
----NEW rLAZA rOLe LIGHT, s,cr.s, ~YI' ut4
NEW (~USHED ST(J·'.jf· ;:;URFAC'Z, TYP
NEW TABLES AND CHAins {'i. S.C r s, TYf' 01 to
HEwCHnlES~ ?1'51AC'H:. TRErS. TV" of£.
EXjSITliKi P/wrr~G TO REMAIN
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NEW FREtsTAND!NG DOt.ORS' \'\j.o,L:'
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NEW COL!JMNAR MAGNOU~ TREES. TYIl of 3
COSBLE MUL(H WI SHoUn f1LANHNG
EXISTING WALL TO !:IE REMOVED
NEW 31Kf ARCS,S C F.5.
Exhibit A
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10 Task Name
CONSTRUCTION
2
3
4
5
'6
7
8
9
10
11
12
13
14
15'
16
17
18
19
20
21
22
23 ... 24
i5
26
"27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
page 1 of 1
Mobilization / temp barricades
Safe-off power and water; salvage egg and newsrack:
Demolition
Rough grade
Underground utilities
Fountain
excavation for vault, footings, basins
vault installation
rough piping
drainage basin
seat wall and wedge base
wedge finish slab
fountain eqpt installation
drainage grate and cobbles
Site hardscape
seat wall bases
base rock
structural soil placement
flatwork pours and sandblast
sealer
pervious base at pavers
pavers
sealer
Electrical
underground rough-in --onsite
underground rough-in --offsite service trench
service connection -offsite CPA vault
paving patch
service pedestal and lighting
fountain eqpt connections
electrical trim
twinkle lights
Glass fins at fountain
Wood bench slats
Landscaping
irrigation
planting
DG
Donor signage
SS frame installation
stone panels installed
Furnishings -tables, bike lockers, trash containers
Fountain trim and start-up
Final inspections / clean up / de-mobilize
weather delays not included
Duration
72 days
3 days
3 days
8 days
2 days
5 days
40 days
2 days
2 days
4 days
6 days
6 days
4 days
7 days
3 days
32 days
4 days
2 days
3 days
14 days
1 day
2 days
6 days
1 day
52 days
5 days
4 days
3 days
2 days
6 days
2 days
3 days
3 days
2 days
4 days
10 days
5 days
3 days
2 days
7 days
3 days
2 days
5 days
4 days
6 days
Start
Wed 8/5
Wed 8/5
Thu 8/6
Tue 8/11
Fri 8/21
Thu 8/27
Tue 8/25
Tue 8/25
Thu 8/27
Fri 8/28
Mon 8/31
Wed 9/2
Mon 9/14
Thu 10/8
Mon 10/19
Tue 9/8
Tue 9/8
Mon 9/14
Tue 9/15
Fri9/18
Thu 10/8
Fri 10/9
Tue 10/13
Wed 10/21
Fri 8/28
Fri 8/28
Tue 9/8
Mon 9/14
Thu 9/17
Thu 10/22
Fri 10/30
Tue 11/3
Mon 11/9
Wed 11/4
Fri 11/6
Wed 10/21
Wed 10/21
Wed 10/28
Mon 11/2
Fri 10/30
Fri 10/30
Fri 11/6
Wed 11/4
Tue 11/3
Mon 11/9
ExV\\l1\"-\-~
Finish Resource Aug '09 Sep '09 Oct '09 Nov '09
2 9 16 23 30 6 13 20 27 4 11 18 25. 1 8 15 Names
Mon 11/16 • Fri 8/7 Devcon r-D
Mon 8/10 RCE / Devcor 4C-h :y---_._--Thu 8/20 JJA L_~..l.
Mon 8/24 JJA D'I
Wed 9/2 Sanco ~-
~~~~----_~--~-I ----------... Wed 10/21
Wed 8/26 JJA
Fri 8/28 JJA
Wed 9/2 PWA
Wed 9/9 JJA
Fri 9/11 JJA
Thu 9/17 JJA
Fri 10/16 PWA
Wed 10/21 PWA
Wed 10/21
Fri 9/11 JJA
Tue 9/15 JJA
Thu 9/17 JJA
Wed 10/7 JJA
Thu 10/8 JJA
Mon 10/12 JJA
Tue 10/20 EPD
Wed 10/21 EPD
:~
il,----lpb
I .J i.
L"_-U-1 I rlJ I ~,d
lh ;£
Wed 11/11 ~ I! •
Thu 9/3 RCE
Fri 9/11 RCE
Wed 9/16 RCE
Fri 9/18 JJA
Thu 10/29 RCE
Mon 11/2 RCE
Thu 11/5 RCE
Wed 11/11 RCE
Thu 11/5 GPG
Wed 11/11 DCI
Tue 11/3
Tue 10/27 Maniglia
Fri 10/30 Maniglia
Tue 11/3 Maniglia
Mon 11/9
Tue 11/3 ASS
Mon 11/9 Devcon
Tue11/10 Devcon
Fri 11/6 PWA
Mon 11/16 Devcon
b o
0-Ul_
•
Lytton Plaza Schedule #3
Devcon
7/23/09 Emerson and University, Palo Alto
LYTTON PLAZA PRELIMINA
23-Mar-09
ITEM
SUPERVISIONI GENERAL CONDITIONS
TEMP. FACILITIES I PROTECTION
GENERAL LABOR I CLEANUP
DEMOLITION
UNDERGROUND UTILITIES
GRADING
LANDSCAPE AND IRRIGATION
CONCRETE CONSTRUCTION
INTERLOCKING PAVERS
WATERPROOFING
FOUNTAIN SURFACING
FOUNTAIN EQUIPMENT
ART GLASS
DONOR WALL FRAME
DONOR STONE MATER!AL
DONOR ENGRAVING' -.'
WOOD SEATING
BIKE RACKS
SITE FURNITURE
TRASH CONTAINERS
ART RELOCATION
TWINKLE LIGHTS
ELECTRICAL
OFFSITE PATCH ALLOWANCE
LAYOUT AND STAKING
MISCELLANEOUS
LUMP SUM ADD FOR STREETSCAPE
LUMP SUM FOR BALANCE OF WORK
SUBTOTAL
GC OVERHEAD AND PROFIT
PRINTING
CONTINGENCY
PROJECT TOTAL
DEDUCT PRINTING ALLOWANCE
ADD TRASH RECYCLE OPTION
Exhibit C
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$().OO
$0.00
$0,00
$0.00
$98;609.50
$OWO
$0.00
$0.00
'$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$116,642.27
$0.00
$0.00
$0.00
$49;186:00
$333i396;66
$0.00
$0:00
. $0.00
$597,834.43
. ··$0.00
. $5;059.60
DEDUCT CONTINGENCY
;Ri~t>NCil.Ep:tq:tA\:";"· ,
DEVCON NOTES
INCLUDES PRINTING ALLOWANCE
INCLUDES PATCHING ALLOWANCE FO
VB NOTES
VB SIGNAGE ALLOWANCE LOW
UPDATED PROPOSAL OF 3-23 INCLUD
TECHCON NOTES
EXCLUDES STREET BENCHES -COULD
EXCLUDES STORM DRAIN CONNECTIO
EXCLUDES TWINKLE LIGHTS -COULD
$0.00
Attachment C
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR FISCAL YEAR 2010 TO ACCEPT A
DONATION IN THE AMOUNT OF $348,800 FROM THE FRIENDS OF
LYTTON PLAZA, LLC AND PROVIDE ADDITIONAL APPROPRIATION OF
$398,800 TO THE CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT
PE-08004, LYTTON PLAZA RENOVATION
The Council of the City of Palo Al to does ORDAIN as
follows:
SECTION 1. The Ci ty Council of the Ci ty of Palo Al to
finds and determines as follows:
A. Pursuant to the provisions of Section 12 of Article III of
the Charter of the City of Palo Alto, the Council on June 15, 2009
did adopt a budget for Fiscal Year 2010; and
B. On June 16, 2008, Counci 1 approved a letter of intent
between the Ci ty and the Friends of Lytton Plaza, LLC to begin
design of Lytton Plaza (CMR:281:08). In Fiscal Year 2008, the City
Counci 1 adopted a budget for CI P Proj ect PE-0 8 004 , Lytton Plaza
Renovation (Project), with an initial appropriation of $50,000 for
the design cost of the Project; and
C. In Fi scal Year 2009, the City Counci 1 increased the
appropriation by $300,000 to cover City's share in the construction
cost of the Project, bringing total appropriation to $350,000; and
D. On August 3, 2009, the City Council approved a limited-term
agreement with the Friends of Lytton Plaza, LLC (Friends) for
improvements located within Lytton Plaza, including the
installation of new paving, water fountain, site amenities,
landscaping and other improvements consistent with the Park
Improvement Ordinance. Under the terms of the agreement, the
Friends will deposi t accumulated donations for the Proj ect of
$348,800 into a City-designated account. The Friends funds are
matched with the $350,000 in Capital Improvement Project funds that
Council approved for the CIP Project PE-08004 in Fiscal Year 2009;
and
E. The total estimated cost of the Project is $748,800 which
includes additional funding of $50,000 for sidewalk resurfacing,
not originally part of the Project's scope of work. The
Infrastructure Reserve will provide the fund for the additional
scope of work; and
F. The appropriation of funds for CIP Project PE-08004, Lytton
Plaza Renovation is a one-time event, and in future years
maintenance and replacement costs will be included in the Community
Services Department's budget; and
G. City Council authorization is needed to amend the Fiscal
Year 2010 budget as hereinafter set forth.
SECTION 2. Donation revenue from the Friends of Lytton Plaza,
LLC of Three Hundred Forty Eight Thousand Eight Hundred Dollars
($348,800) is hereby received and, is appropriated to CIP Project
PE-08004.
SECTION 3. The sum of Fifty Thousand Dollars ($50,000) is
hereby appropriated to CIP Project PE-08004 bringing total
appropriation (including action taken in Section 2) to $398,800.
SECTION 4. The Capital Project Fund Infrastructure Reserve is
hereby decreased by Fifty Thousand Dollars ($50,000) with a
remaining balance of Five Million One Hundred Sixty Thousand
Dollars ($5,160,000) as shown in Exhibit A.
SECTION 5. The transactions above will have no impact on the
General Fund Budget Stabilization Reserve.
SECTION 6. As speci f ied in Section 2.28.080 (a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 7. The Council of the City of Palo Alto hereby finds
that this is not a proj ect under the California Environmental
Quality Act and, therefore, no environmental impact assessment is
necessary.
SECTION 8.
Municipal Code,
adoption.
As provided in Section 2.04.330 of the Palo Alto
this ordinance shall become effective upon
INTRODOCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Mayor
City Manager
Director, Communi ty Services
Department
Director
Services
of Administrative
NE\V
CIP LYTTON PLAZA RENOVATION (PE .. 08004)
--
Attachment D
__ ,.rII"IT1on: This project will reonovate/reconstruct Lytton Plitia on i'h~'
comer of Uni versity Ave. and Emerson St. The Friends of Palo
Parks with the support of the downtown business district have
"~."n",~f'{l a Public/Private partnership to fund these renovations. The
nrcmoseu improvements will include demolition of the existing plaza and
construct new improvements including paving treatment, landscaping and
potential tables and water feature.
on: The plaza located in the heart of downtown Palo Alto is in
need of renovation. It currently is attracting loiterers, is in disrepair and
lacks aesthetics that would make the plaza an appealing and family friendly
space.
supplemental Information: A letter of intent between the City and the
private entity will spell out funding commitments of the private/public
partnership along with specific design and construction responsibilities.
Pre-Design Costs
Design Costs $50,000
Construction Costs
Other
$50
Revenues:
Source of Funds: Infrastructure Reserve
CIP FACTS:
• New
• Project Status: Design
• Timeline: FY 2008-2009
• Overall Project Completion: 0%
• Managing Department: Public Works
• Comprehensive Plan: Programs L-33 and L-
34
• Board/Commission Review: ARB, PRC, PTC
IMPACT ANALYSIS:
• Environmental: Categorically exempt from
CEQA.
• Design Elements: ARB/PRC review may be
required.
• Operating: May result in increased mainte-
nance costs.
$50,000
$50,000
Council Policy Direction: This project requires significant diversion of staffing and/or City funds due to outside funding
opportunity.
2007-09 Budget City (?!,Palo AI/o 109
Attachment E
Community Services Department
MEMORANDUM
To: Parks & Recreation Commission
From: Greg Betts, Interim Director, Community Services
Date: March 24. 2009
Subject: Park Improvement Ordinance -Lytton Plaza Improvements
The purpose of this merllorandulll is to provide information on a
plan LO inlprove Lytton Plaza (P<1rk) facilities by a renovation
project rnanagecl by the Friends of Lytton Plaza, LLC, in
cooperation wUh the City of Palo Alto. This project would replace
plaza pavement. landscaping, lights and amenities with a new
design intended to provide better public access and a more inviting
place LO gather, socialize and produce public events (concerts or
slory t clling).
ACTION REQUESTED: A recommendation to the City Council
is requested for the Council to adopt a Park Improvement
Ordinance pertaining to these project plans.
l{eco rlll11cncial ion:
Staff reculllllll~ncls the COillmission approve site plans Cor the improvemcnt to Lytton Plaza as
propu»cd by sl~ill ~lIld the i'ricillis uf Lytton PI(lz~\' LLC. lor the renov~ltion of the plaz;1 to includc
new 11~lvcl11enL, 111anters ~l rounLain, lighting, L~lbles, benches and ~lll1enllics, The COlllmission's
recullllllcncbllon will be alTered to the City Council in their review llf a P,lrk Improvement
Orclin(lncc for this projecL (AlL,lchment A),
Bad:,ground:
Palo Alto lVIullicipal Code 22,08,005 (Ordinallce reC]Llired [or sLlbst~lnti,li building, construcLion)
reCjuil"cs lhat "'Before Clny subsLtnti,lI bLlilding, construction, reconstructiun or development is
commenced UI' (I1)proved, Llpon or with respect to any l~l11d helel by the city for park I)urposes,
cilhel by the cily or hy d lessee, licensee or permiLLec thereof, the council shall first cause to he
I)repal'cd ~\I1d by ordinance approve ancl adopt a plan therct'or, All leases, licenses ,mci permils
with respect LO land held ["or park purposes sh,111 contain provisions requiring compliance \Vith
this secLion, Tile plan shall be prepared in such a manner and with sul'fIcient detail and
IXlnicLilariLy to shuw, LIS ,Ipplicable, the Ildtul'e, funcLion, size, extent and general appearance of
Pari< Improvement Ordinance -Lytton Plaza Improvements
Page 1 of 2
tile Ixoposeci I'IOJCCI. /\ny Ull III the lJlan silall he prel),lreclln lhe same manner and adopteel
hy mliin'll1ce."
Such ,\ "Park lillpmvellleill Ordinance" is required whenever ally project lllLly affect the Llse,
IlrolecLlon 01' cn l Dr or open space luncls.
This \\,\$ firsl in to the Park and Recreation COJllmission on September ,2008.
elwin'..' Oral IllLlnicaliuns Y SUIlIlY Dykwel. Mr, Levy returned to
COJ1l111ISsiull ;i[ lhe October ng to make a full presenration, Mr. Le Levy
prcsenled LIn I renovalion uf plaza and gathered input from lhe
Commissioll on i al LIse of park and ideas aboul re-Ianclscaping anel
I: lillg lile plClzii
C\)l111l1ISsinn and tile
lhe cOlllments and suggeslions olTered by the
In acldi lion to presen ration at COlllm issioll
Illcellngs, oners by Betts to allend a public presentation on
Lynol1 PI,lZa hosled by PlaL:\ on Wednesday. May 28, :2008. at City Hall,
In addilion In a Park Jill t Ordinance from the City Council lor lhese
improvement pro must also have D te and Design" review by the City's
!\!chileC!.ural ReView B(wrci (A ARB revic,vs the project for conformance with City
design aild alelless rOJ LIlt: area, The plans ~lllcl design concepts for
lhl;") I))"olcct has been revieweci the Archi Review Board at three separate meetings.
The pl~lllS prcscnted to lhe COlllmission incorporate all the suggeslions presented by lhe AR B
The 1"t:1l0valioll of' Plaza would include:
... demolitiull 01' the exisli t)I<.lZ:l anci Sll
... ciemolilion or'existing stone wing walls along University AvenLie and Emerson Street
... l-eJllO,,;t! of cxisting trees
It lClllOV~l! ul cxisti lighling
.. re-pavement of the plaza and adjoining siclew:t1ks
<t reposilit)ning of' the art piece Digital DNA
" illsl2lll~tliun \)Inew lights, lables ~mcl benches
• installation a new l'oLlnlain
The inle1lt ollhe new design is to make the plaza inviti to downlown visitors, merchanlS and
11l'lghhms, 10 provide a sl;'lgi 11g area fm sillall concens, IIi and poetry evcn and to
1)lcl\'icic " g,llhcrillg place Lhal is conducive to COil ons anci relaxi
Next SleDS:
St,tff wi II Plc:sC':l1 lhe Pal'" r I
with lhe Friends of Lylwil Plaza th~ll will
1'01 the conslruction or the plaza Illl
Altacillllenls\: Park IIll r Ordinance
A-l:Plans for the renovalion Lytton Plaza
13: Minutes or the October miSSIOn rVleetlllg
Pelll< improvement Ordinance -
lent
and timelint'
Attachment F
MINUTES
PARKS & RECREATION COMMISSION
March 31, 2009
City Hall
250 Hamilton Ave
APPROVED
Commissioners Present: Deirdre Crommie, Joel Davidson, Sunny Dykwel, Carl King, Paul
Losch, Pat Markevitch, Daria Walsh,
Commissioners Absent:
Others Present:
Staff Present: Greg Betts, Catherine Bourquin, Rob de Geus, Donald Piana
I. ROLL CALL CONDUCTED BY: Catherine Bourquin
II. AGENDA CHANGES, REQUESTS, and DELETIONS: None
II. ORAL COMMUNICATIONS: None
IV. BUSINESS:
1. Approval of Draft Minutes of February 24, 2009 regular meeting -The Draft
Minutes of the February 24, 2009 regular meeting were approved as with three
correction. Approved 7:0
2. Informational presentation from Palo Alto Bicycle Advisory Committee -Richard
Swent of the Palo Alto Bicycle Advisory Committee (PABAC) provided the
Commissioners with an overview of what P ABAC is involved with. After a brief
question and answer session with the Commissioners it was agreed that Commissioners
Crommie and Davidson who work with Mr Swent to draft a memo to Council on the
importance of finding funds to support a feasibility study for a pedestrian/bicycle grade
separated crossing of Highway 101 in south Palo Altoto ip1prove access to the
Baylands.
3. Lytton Plaza Project review and recommendation to Council to adopt a Park
Improvement Ordinance for the Project Plan -Commissioner Dykwel excused herself
from this item due to a conflict of interest. Staff Betts provided the Commission with
February 24, 2009 Draft Minutes
APPROVED
some background information behind the recommendation to adopt a park improvement
ordinance for Lytton Plaza. Mr. Levy, a member of the Friends of Lytton Plaza, was
introduced and went over the project plan for Lytton Plaza. There was a question and
answer period immediately following Mr. Levy's presentation. A motion was made by
Commissioner Losch and seconded by Commissioner King.
Motion: The Parks and Recreation Commission recommend to Council to accept a
request to adopt a Park Improvement Ordinance for the Lytton Plaza Project as
presel1ted.
Approved 7:0
4. Seale Park Restroom project review and recommendation to Council to adopt a
Park Improvement Ordinance for the Project Plan -Kate Rooney from Public
Works was introduced and presented to the Commission a brief synopsis of the history
behind restrooms in Palo Alto parks. The funding to install the restroom at Seale Park
will be through the use of Impact Fees and budget adjustments will be made to retlect
ongoing maintenance costs. A park improvement ordinance is being requested for this
project. Commissioner Losch was asked to give some history into the use of impact fees
from his past experience with the Commission. The Commission was given some time to
ask questions. A motion was made by Commissioner Dykwel and seconded by
Commissioner Walsh.
Motion: The Parks and Recreation Commission recommend Council to accept a
request to adopt a Park Improvement Ordinance for the Seale Park Restroom project as
presented.
Approved: 7:0
V. COMMENTS AND ANNOUNCEMENTS
1. Commissioner Markevitch announced that she had been working her way through
the PTA enlisting volunteers for the Senior Games.
2. Commissioner Losch announced that the Council approved an allocation of cash
resources for the Senior Games it passed 7: 1.
3. Commissioner Losch announced that he had been asked by the Weekly to
participate in a blog. He will be writing an article on the Senior Games.
4. Staff de Geus wanted to thank Commissioners Crommie and Davidson for their
participation in the California Parks and Recreation Conference and asked them to
share some of their experiences. It was suggested that it might be helpful in the
future to go over the itinerary of the conference before hand, so they could
understand which subject matter they would be most interested in. Staff Piana had
attended and recommended if the Commissioners get a chance to attend the park
tour.
February 24, 2009 Draft Minutes 2
(" , II
APPROVED
5. The Adopt-a-Park guidelines were discussed and Commissioners were asked to look
over the existing survey card and add their suggestions on what they wanted
included on the card. The park operations number was included as well as an
afterhours number. The Commissioners were to use their assigned parks as a basis
of attending meetings, etc. related to those parks and to be a representative of that
park. Staff will ensure that the Commissioners are aware of any items that come up
pertaining to their individual parks.
6. Staff Bourquin announced a new procedure that will be taking place in the next
month for the posting of information on the web related to the P ARC meetings. The
Agenda's will have links to any back up information related to the business topic.
This procedure is similar to the Council agenda's that are posted.
7. Staff de Geus announced an Earth Day event that is coming up on April 18th, lOam
-2pm at Lucie Stern Community Center.
8. A PARC representative was requested for the budget CIP study session.
Commissioner Crommie volunteered to attend.
9. Commissioner Walsh requested to discuss the gym space issue. Staff de Geus
provided information on what they are working on related to allocating limited gym
space. Commissioners King and Walsh volunteered to help draft up a Gym
allocation policy.
VI. TENTATIVE AGENDA FOR APRIL 28, 2009 REGULAR MEETING:
1. Friends of the Palo Alto Parks representative Olenka Villarreal will present the universally
acceptable playground proposal.
2. Memo to Council for the underpass feasibility study.
3. Discussion on the selection of a P AUSD liaison
4. Dogs off leash at Foothills park discussion
5. Agenda setting/PRC priorities
VII. ADJOURNMENT
Adjourned at 9:05pm
February 24, 2009 Draft Minutes 3
("." \!