HomeMy WebLinkAbout2014-09-08 City Council Agenda PacketCITY OF PALO ALTO
CITY COUNCIL Regular Meeting
Council Chambers
September 8, 2014
6:00 PM
Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the
Council Chambers on the Thursday preceding the meeting.
1 September 8, 2014
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HEARINGS REQUIRED BY LAW
Applications 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
Study Session 6:00-8:00 PM
1. Review of Menu of Current Traffic, Parking & Zoning Initiatives
Presently Underway & Options for Potential Changes to the Commercial
Portions of the Zoning Code and Zoning Map
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.
2 September 8, 2014
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Minutes Approval 8:25-8:30 PM
August 4, 2014
August 6, 2014
Consent Calendar 8:30-8:35 PM
Items will be voted on in one motion unless removed from the calendar by three Council Members.
2. Approval of Amendment No. 1 to Add the Amount of $205,000 to
Contract #C12142862 with American Guard Services, Inc. and Extend
Term of Agreement by Eight Months to July 30, 2015
3. Approval of a Request From Palo Alto Housing Corporation for
$200,000 for Rehabilitation Work at the Colorado Park Apartments
Located at 1141 Colorado Avenue and Approval of a Budget
Amendment Ordinance in the Residential Housing Fund, Loan
Agreement and Regulatory Agreement to Ensure Long Term
Affordability
4. Approval of a Contract with Integrated Design 360 (Green Building
Consultant) in the Amount of $445,994, to Assist Staff with the
Implementation and Management of the City's Green Building
Program.
5. SECOND READING: Adoption of an Ordinance Amending Palo Alto
Municipal Code Sections 12.04.020, 12.04.030, 12.04.040 and
12.20.010, to add “General Aviation Airport” to Existing Definitions
and Permit the Adoption of Airport Fees and Charges by Resolution
(First Reading: August 11, 2014 PASSED: 9-0)
6. SECOND READING: Adoption of an Ordinance Dedicating 7.7 Acres of
Land Deeded to the City by Russell Lee to Become a Part of Foothills
Park (First Reading: August 18, 2014 PASSED: 7-0 Burt, Price absent)
7. Adoption of a Resolution Approving and Adopting the County of Santa
Clara Airport Rules and Regulations and the County General Aviation
Aircraft License Agreement for Application on an Interim Basis at the
Palo Alto Airport
3 September 8, 2014
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Action Items
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,
Unfinished Business and Council Matters.
8:35-9:05 PM
8. Approval of Contract No. C15155728 in the Not-To-Exceed Amount of
$184,790 with American Institute of Architects California Council to
Manage the Design Competition for the Pedestrian & Bicycle Overpass
at Highway 101 CIP Project PE-11011
9:05-10:30 PM
9. Response to Santa Clara County Grand Jury Report on Reduced
Transparency and Inhibited Public Input and Scrutiny on Important
Land Issues
10:30-10:45 PM
10. Rejection of Construction Bids for the Palo Alto Municipal Golf Course
Reconfiguration Project and Adoption of a Budget Amendment
Ordinance in the Amount of $708,495 in Revenues and $168,036 in
Expenses to Operate the Golf Course From September 1, 2014 to
February 28, 2015, and Establish an FY 2016 Golf Course Operating
Loss Reserve from the Net Revenue of Golf Course Operations in the
Amount of $540,459
Inter-Governmental Legislative Affairs
Council Member Questions, Comments and Announcements
Members of the public may not speak to the item(s)
Closed Session 10:45-11:30 PM
Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker.
11. CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene,
Lalo Perez, Joe Saccio, Kathryn Shen, Sandra Blanch,
Dania Torres Wong)
Unrepresented Employee Group: Management, Professional and
Confidential Employees
Authority: Government Code Section 54957.6(a)
Adjournment
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contact (650) 329-2550 (Voice) 24 hours in advance.
5 September 8, 2014
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DURING NORMAL BUSINESS HOURS.
Additional Information
Standing Committee Meetings
Policy & Services Committee Meeting Sept. 9, 2014
Regional Housing Committee Meeting Sept. 11, 2014
Schedule of Meetings
Schedule of Meetings
Tentative Agenda
Tentative Agenda
Informational Report
2013 - 2014 Annual Review of Compliance with the "Mayfield"
Development Agreement with Stanford University
Notice of Vacancies on the Architectural Review Board, the Historic
Resources Board, and the Planning and Transportation Commission
Public Letters to Council
Set 1
Set 2
September 01, 2014
September 08, 2014
City of Palo Alto (ID # 5033)
City Council Staff Report
Report Type: Study Session Meeting Date: 9/8/2014
Summary Title: Planning Workplan and Zoning Issues
Title: Review of Menu of Current Traffic, Parking & Zoning Initiatives
Presently Underway & Options for Potential Changes to the Commercial
Portions of the Zoning Code and Zoning Map.
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
This is a Council study session and is intended to allow for Council discussion only. No action is
requested.
Executive Summary
On Wednesday, August 6, the City Council requested a study session where the Council could
brainstorm about potential changes to the commercial portions of the Zoning Code and Zoning
Map with the idea that some of these changes could potentially be “fast tracked” ahead of
other ongoing initiatives. (Action Minutes are included as Attachment A.) The Council also
requested a list or “menu” of studies underway with respect to traffic, parking, and zoning,
baseline data related to the Comprehensive Plan Update, and suggestions regarding the
Comprehensive Plan Update process.
The list of ongoing initiatives is provided as Attachment B and represents only a portion of the
Department’s overall work program, which also includes application reviews (for building
permits and planning entitlements), and ongoing programs such as code enforcement, housing,
safe routes to schools, community block grant, etc. Staff plans to return to the City Council for
further discussion of the Comprehensive Plan Update baseline data and planning process at a
later date. Baseline data has been made available on the City’s website in draft form in
anticipation of this future discussion.
It’s expected that tonight’s study session will lead to a future agenda item where staff can
provide an estimate of the time and resources necessary to implement suggested zoning
changes and the Council can take action to proceed with the initiatives they identify as
priorities. Those familiar with Palo Alto’s planning process will realize that even relatively
City of Palo Alto Page 1
simple initiatives can be controversial and time consuming. Also, discretionary decisions
require review under the California Environmental Quality Act (CEQA).
Background
On Wednesday, August 6, the City Council discussed ongoing efforts to update the City’s
Comprehensive Plan, including preparation of a program-level Environmental Impact Report
(EIR), and requested that staff return to the Council as soon as possible with (i) a list of studies
underway with respect to traffic, parking, and zoning for review, (ii) suggestions on a revised
breadth and scope of the Comprehensive Plan Update, and (iii) baseline data regarding
environmental issues to be considered in the EIR. The Council also requested (iv) a study
session where the Council could consider potential changes to the commercial portions of the
Zoning Code and Zoning Map that warrant additional study.
The context of the Council’s discussion on August 6th and tonight’s study session includes a
long-running effort to update the City’s Comprehensive Plan, and significant community
concerns about development activity, traffic, and parking. The City Council embraced the “Our
Palo Alto” initiative earlier this year as a way to initiate a community conversation about these
issues, focussing on ideas, actions, and a design for the City’s future.
The City’s Comprehensive Plan, Embracing the New Century, Palo Alto 1998-2010
Comprehensive Plan, was adopted in the late 1990s and sets goals and policies related to land
use and development issues, including transportation, housing, natural resource, community
services, and safety.
Every local jurisdiction in California is required to have a “general plan” like this, and the State
recommends these plans be updated on a regular basis. Palo Alto recognized the need to
update its plan in 2006 and began the process in earnest in 2008, when a consultant was
retained to work with staff and the City’s Planning and Transportation Commission (PTC).
The PTC’s draft work product was provided to the City Council in early 2014, at which time staff
proposed a process that would complete the plan and an associated Environmental Impact
Report (EIR) in parallel. This approach recognized that the Comprehensive Plan Update largely
carried over the key principles of protection of residential neighborhoods and open space
contained in the prior plan while focusing on two earlier identified growth areas – California
Avenue and East Meadow Circle. The EIR process can also be an effective tool for comparing
various growth level scenarios. EIR preparation itself takes approximately 18 months, so staff
recommended that this effort commence immediatley with “scoping” and the identification of
possible alternatives for analysis in the EIR that could then be used to inform proposed
revisions and additions to the Comprehensive Plan. As noted above, the Council requested a
pause in this process on August 6th to permit consideration of potential changes to the City’s
zoning code and zoning map for commercial areas.
The Comprensive Plan and zoning are directly linked because the zoning map and zoning
City of Palo Alto Page 2
effectively implement the Comprehensive Plan. The Comprehensive Plan is a policy document
that identifies desired land uses and intensities via a Land Use and Circulation Map and the land
use designations defined on pp. L-10 through L-13 of the Comprehensive Plan. Commercial
land use designations include: Neighborhood Commercial, Regional/Community Commercial,
Service Commercial, Mixed Use, Commercial Hotel, Reserarch/Office Park, and Light Industrial.
(See Attachment C.)
The City’s zoning ordinance and zoning map are regulatory tools, rather than policy documents,
and implement the Comprehensive Plan land use designations by establishing specific uses,
densities, and development standards for every area of the City. Thus zoning districts and
standards are more specific than Comprehensive Plan land use designations, and each
Comprhensive Plan land use designation may be implemented via more than one zoning
district. The City’s commercial zoning districts and standards are set forth in Chapters 18.16,
18.18. and 18.20 of the Municipal Code, which are included as Attachment D.
Traffic, parking, development, and rising housing costs have raised increasing community
concerns throughout the region since the economic downturn ended. The City Council
recognized these concerns earlier this year by placing a “time out” on one particularly
controversial type of project (Planned Community or PC projects), and by directing staff to
undertake a variety of intitiaitives aimed at reducing traffic and parking demand and addressing
intrusions of employee parking into residental neighborhoods. These initiatives are listed in
Attachment B, along with other transportation and zoning-related projects that are currently
underway. The status of each effort is indicated, along with any future City Council actions that
are anticipated.
Timeline & Resource Impact
As noted above, this study session will lead to a future agenda item where staff can provide an
estimate of the time and resources necessary to implement suggested zoning changes and the
Council can take action to proceed with the initiatives they identify as priorities.
Policy Implications
This is a Council Study Session, and no specific change in policy is being considered. However,
the City Council requested this opportunity to “brainstorm” about potential changes to the
City’s commercial zoning regulations, and to consider prioritization of ongoing projects to
address traffic, parking, and zoning changes.
Environmental Review
This is a Council Study Session, and no action will be taken requiring review pursuant to the
California Environmental Quality Act (CEQA).
Attachments:
Attachment A: Action Minutes of the City Council Hearing of August 6, 2014 (PDF)
City of Palo Alto Page 3
Attachment B: Work Plan of Traffic, Parking, & Zoning Initiatives Presently Underway
(DOCX)
Attachment C: Commercial Land Use Designations: Neighborhood Commercial,
Regional/Community Commercial, Service Commercial, Mixed Use, Commercial Hotel,
Reserarch/Office Park, and Light Industrial (PDF)
Attachment D: Chapters 18.16, 18.18 and 18.20 of the PAMC (PDF)
City of Palo Alto Page 4
Attachment A
CITY OF PALO ALTO CITY COUNCIL
ACTION MINUTES
Special Meeting
August 6, 2014
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:00 P.M.
Present: Berman, Burt, Holman, Klein, Price, Scharff, Schmid, Shepherd
Absent: Kniss
ACTION MINUTES
MOTION: Council Member Scharff moved, seconded by Council Member
Schmid to direct Staff to: 1) return to Council with revised scoping scenarios
for the Comprehensive Plan to include revised data input from Council, and
2) return with a plan on parking, traffic, density issues, and move these
things forward in a reasonably short period of time.
MOTION WITHDRAWN BY THE MAKER
MOTION: Council Member Price moved, seconded by Mayor Shepherd to direct Staff to: 1) proceed with the preparation of the Environmental Impact
Report (EIR) analysis, taking into consideration input received during the
scoping period, and based on the four conceptual alternatives, with specified
modifications and refinements that have been requested by the Council, and
2) return to Council with the data on the historic growth of the City within 30
days.
SUBSTITUTE MOTION: Council Member Klein moved, seconded by Council
Member Burt to continue this item. Direct Staff to return as soon as possible
with; 1) a menu and present a work plan for studies underway with respect
to traffic, parking, and zoning for Council review; 2) suggestions on a
revised breadth and scope of the Comprehensive Plan update; 3) baseline
data regarding environmental issues to be considered in the Environmental
Impact Report (EIR); and 4) Staff to schedule a study session for Council to
consider options for potential changes to the commercial portions of the
Zoning Code and Zoning Map.
SUBSTITUTE MOTION PASSED: 7-1 Price no, Kniss absent
ADJOURNMENT: The meeting was adjourned at 11:16 P.M.
Page 2 of 2
City Council Meeting
Action: 08/06/14
Summary of Ongoing Traffic, Parking & Zoning Initiatives For Discussion September 8, 2014
Page 1
Palo Alto Department of Planning & Community Environment
Work Plan of Traffic, Parking, & Zoning Initiatives Presently Underway1
September 2014
Traffic & Parking-Related Initiatives
1. Residential Preferential Parking (RPP)
In January 2014, the City Council directed staff to bring forward an ordinance that would
establish a process for neighborhoods to apply for and develop residential permit parking
programs. The City Council also directed staff to work with stakeholders to develop a permit
parking program specific to one priority district, with the intention of beginning
implementation in January 2015. Status: Staff and community stakeholders have been working
steadily on an RPP program for the Downtown area, and are currently seeking feedback from residents and
businesses. The PTC will review a draft of the Citywide ordinance and the Downtown program in November,
and the City Council is scheduled to consider adoption of the program on December 1, 2014.
2. Parking Garage Technologies & Parking Management Strategies
On August 18, 2014, staff provided the City Council with an update on parking garage
technologies and parking management strategies designed to increase occupancy of existing
parking garages. Status: As discussed at that meeting, staff is developing requests for proposals (RFPs)
to design and implement improved signage and branding for all of the garages, an improved parking website
with online permit sales, and enhanced enforcement. Based on Council’s direction, staff will also be soliciting
bids on a range of possible access and revenue controls for the garages (e.g. gates and pay stations), integrated
with parking guidance systems to help motorists find available parking via changeable message sign at garage
entrances and mobile phone Aps. The City’s goal is to implement all of these things as soon as possible, and
the City Council requested that staff prepare an implementation schedule, which is forthcoming.
Complementing these initiatives, staff will also be reviewing parking permit policies in the garages and lots
Downtown, including the length of time visitors are allowed to park, re-evaluating the effectiveness of the
existing “color zone” system that regulates how long people can park in the commercial core, and considering
metering on-street parking.
3. New Parking Garages
In February 2014, the City Council directed staff to recommend three potential locations for
new parking structures downtown, and to solicit interest from private developers interested in
public-private partnerships to increase the supply of parking by developing City-owned
1 This list of initiatives represents only a portion of the Department’s overall work program and does not include applications being processed by the department or ongoing programs overseen by Department staff (e.g. Code
Enforcement, Community Block Grant, etc.).
Attachment B
Summary of Ongoing Traffic, Parking & Zoning Initiatives For Discussion September 8, 2014
Page 2
parking lots. Status: Staff issued a “Request for Information” in May and has been working with the
City’s financial advisor to evaluate responses with the goal of returning to the Council with recommendations
about the location of new garage(s) and the most effective delivery method in the fall. This item is now
scheduled for October 20, 2014.
4. Satellite Parking
On August 11, the City Council authorized a consultant contract for design and
environmental analysis of a parking area on Embarcadero Road, east of Faber Place. The
design will also include landscaping and pedestrian/bicycle improvements. If the lot is
constructed, it would provide approximately 132 commuter parking spaces, and would be
linked to downtown via a free shuttle. Status: Design and environmental review are expected to take
six months.
5. Valet-Assist Parking
The City initiated a trial valet parking program for permit holders in Lot R earlier this year.
The program makes use of two valet attendants who direct motorists to park in drive aisles
once the garage becomes full. The program can accommodate up to 50 additional vehicles in
the garage and could be expanded to other garages downtown as a way to increase supplies
until new garages can be built. Status: The current three -year contract with the operator allows for
expansion to other City garages if desired. Staff will bring forward a recommendation on expansion at the time
of RPP implementation.
6. Shuttle Expansion
The City is planning to expand its free shuttle program as a way to reduce traffic and parking
demand. Historically, the shuttle program has included two routes, the Crosstown and
Embarcadero routes, and 75% of the Embarcadero route has been funded by Caltrain. The
first phase of the City’s expansion program launched July 1, with a new East Palo Alto route,
linking University Avenue with the Woodland Ranch neighborhood in East Palo Alto, and is
funded by the City of East Palo Alto. Phase two of the expansion program will either
increase frequencies on existing routes, add new routes, or a combination of both. Status:
The City’s consultants, Fehr & Peers, are completing an analysis of phase two shuttle expansion options, and
have recommended staff undertake a survey of existing/likely riders. When both are complete, staff will present
a recommendation to the City Council. This item is now scheduled for October 27, 2017.
7. Transportation Management Association Formation
The City Council has directed staff to take the first steps towards creation of a non-profit
Transportation Management Association (TMA) made up of major employers in downtown.
Once established, the TMA would use marketing and incentives to encourage employees to
shift from driving alone to carpools and transit, with the goal of reducing single occupancy
vehicle travel by 30% in three years. Status: On August 11, the City Council approved a contract
with a group of consultants who will launch the business outreach phase of Palo Alto’s first TMA.
Summary of Ongoing Traffic, Parking & Zoning Initiatives For Discussion September 8, 2014
Page 3
8. Car Share and Ride Share Programs
Earlier this year, the City Council directed staff to establish a car share program downtown,
giving residents and employees the option of using a shared vehicle on an as needed basis,
rather than having to own their own vehicle or bring their vehicle to work if they have an
errand that requires a car during the day. The City Council also expressed interest in
rideshare applications, whereby residents and employees can arrange to share rides in private
vehicles as an alternative to driving alone. Status: On August 4, the City Council awarded a
contract to Zipcar, and starting in August and September, the carshare company will station cars at ten parking
spaces downtown. The company will also offer a reduced initiation fee for potential new Zipcar members.
Earlier this year, the City also started a pilot with TwoGo, SAP’s ridesharing app, to see whether the mobile
platform would encourage riders and drivers heading to Downtown businesses would be able to use technology
to find each other. The program has had limited success, but may prove more effective as part of the TMA’s
coordinated program over the next few years. (See above.)
9. Transportation Impact Assessment (TIA) Guidelines Update & Travel Demand Model
Update. City staff is working with its on-call traffic consultant, TJKM, to update procedures
for analyzing traffic impacts associated with proposed projects. This effort coincides with an
effort by the VTA to update their guidelines, which the City must follow, and the State’s
efforts to identify an alternative metric to intersection Level of Service for use in reviews
required by the California Environmental Quality Act. The City is also working with an
updated Traffic Demand Model, based on VTA’s regional model, that will yield traffic
volumes for use in the Comprehensive Plan Update EIR and individual project reviews.
Status: Palo Alto cannot complete the update to its local guidelines until the VTA and the State have
completed their ongoing efforts, which is expected later this year. The Comprehensive Plan EIR will use the
updated Travel Demand Model and a range of alternative metrics in addition to intersection Level of Service.
10. Traffic Signal Upgrades.
The city’s traffic signal system currently includes 100 signalized intersections with fiber optic cables interconnecting most of the traffic signals. The upgrade project includes
replacing aged traffic signal controllers with modern equipment that will introduce improved
traffic signal coordination capabilities, new bicycle/pedestrian features not available in the
existing system, and upgrade communications infrastructure. The project includes new
adaptive traffic signals along Sand Hill Road between London Plan Way and Oak Creek Drive, including Welch Road & Pasteur Drive, which are being funded through the SUMC Traffic Impact
Fee program. Status: In anticipation of the project, staff started upgrading communications infrastructure in
the Spring with new fiber optic cables replacing broken copper cables through the Downtown core, new traffic signal cabinet upgrades, and upgrades to the Traffic Operations Center at the Municipal Service Center. The new cabinets allow for new fiber optic transceivers to be installed at all traffic signal intersections, public art
projects to paint the new cabinets are taking place in the Fall. A contract for implementation of the signal
system upgrade is scheduled for consideration by the City Council this Fall and the project is scheduled for
completion by Summer 2015.
Summary of Ongoing Traffic, Parking & Zoning Initiatives For Discussion September 8, 2014
Page 4
11. Caltrain Advanced Preemption Improvements.
Caltrain is finalizing advanced rail preemption upgrades along the Caltrain corridor that will
introduce advanced preemption opportunities at the Alma/Churchill and Alma/Meadow
intersections. The advanced preemption time will be used to alert traffic that may be stopped
over the railroad tracks in advance of railroad gate arm warnings helping to improve the
motorist experience at the tracks. The additional advanced preemption is anticipated to be
modest at each intersection: 4 seconds at Churchill and 5 seconds at East Meadow. Status:
Caltrain and City staff will be working in September to finalize equipment upgrades and test the new rail
operations. Residents may experience delays during late-evenings when upgrades are anticipated to take
place. Outreach notices will be distributed as soon as they are available by Caltrain.
12. Bike Plan Implementation Projects
The City has 22 active bicycle boulevard projects, implementing key segments of the City’s
adopted bicycle plan. In the Spring, staff completed existing conditions data collection and
conducted community outreach for 22 active bicycle boulevard projects. The City’s
consultant teams spent the summer analyzing data and preparing draft concept plan line
drawings for each of the projects. Early implementation activities include traffic calming,
roadway markings, and signage along the Matadero Bicycle Boulevard between Laguna
Avenue and El Camino Real, all of which are scheduled to be complete by the end of
September. Additional information on the Bicycle Boulevard program is available online at
www.cityofpaloalto.org/bike. Status: A new Technical Advisory will convene late in
August to help shape the format and presentation of data for the community later this
fall. PABAC is scheduled to meet twice in the month of September to help provide
additional technical review of the concepts for October-November community outreach.
13. Embarcadero Roadway Traffic Operations Improvements.
The City is undertaking improvements to Embarcadero Roadway between El Camino Real
and the Caltrain overcrossing. The initial phase includes traffic signal modifications aimed at
improving coordination between the PALY-Town & Country and PALY Pedestrian Crossing
traffic signals, roadway markings improvements, and PALY Driveway improvements to
support improved egress movements. The later phase will take a broader look at this
segment of Embarcadero Road, and will involve coordination with agency partners at
Caltrans, Stanford University, and Palo Alto Unified School District for roadway capacity
improvements that involve right-of-way impacts. Status: near term improvements can be bid-out
and completed by Spring 2015. Only the design and consultation phase of longer-term improvements is
currently scheduled or funded.
14. Safe Routes to School Commute Improvements
Over the past two years, a VTA grant supported the development of Walk and Roll Maps of
Suggested Routes to School for each of the 17 Palo Alto Unified School District
campuses. In addition, this effort identified short- and long-term recommendations to
Summary of Ongoing Traffic, Parking & Zoning Initiatives For Discussion September 8, 2014
Page 5
improve the suggested routes. Status: Over the 2013-14 year, the City completed 48 intersection and
spot improvements along school commute routes. Implementation of the remaining recommendations
continues in the 2014-15 year.
* * *
Planning & Zoning Related Initiatives
15. Housing Element Update
Under State law, the City must update the housing chapter or “element” of its
Comprehensive Plan for the period 2015-2023 and obtain State certification by the end of
January 2015. The Housing Element identifies housing sites, policies, and programs related
to housing and is required to address a host of State requirements. Status: The State’s
Department of Housing and Community Development (HCD) is currently reviewing a draft of the Housing
Element Update, which does not propose to re-zone any new sites for housing. The draft will have to be
revised, adopted, and re-submitted to HCD by the end of the year to meet the deadline. There are significant
risks and penalties if the deadline is not met, although there is a 120-day contingency period. The Council is
scheduled to consider revisions and adoption in November 2014 based on recommendations from the Planning
& Transportation Commission, the Housing Community Panel, and the Regional Housing Mandate Committee.
16. Comprehensive Plan Update
The City has been working to update its general plan, Embracing the New Century, Palo Alto
1998-2010 Comprehensive Plan, for many years. A requirement of State law, the Plan sets
goals and policies related to land use and development issues, including transportation,
housing, natural resource, community services, and safety. As the “constitution” of the City,
the Comprehensive Plan forms the policy basis for zoning regulations, which must be
consisent with it. The State recommends these plans be updated on a regular basis. Status:
Palo Alto recognized the need to update its plan in 2006 and began the process in earnest in 2008 when a
consultant was retained to work with staff and the City’s Planning and Transportation Commission (PTC). The
PTC’s draft work product was provided to the City Council in early 2014, at which time staff proposed a
process that would complete the plan and an associated Environmental Impact Report (EIR) in parallel. EIR
preparation itself takes approximately 18 months, so staff recommended that this effort commence immediately
with “scoping” and the identification of possible alternatives for analysis in the EIR that could then be used to
inform proposed revisions and additions to the Comprehensive Plan. On August 6, the City Council requested
a pause in this process to permit consideration of potential changes to the City’s zoning code and zoning map
for commercial areas. Pursuant to Council direction, staff will be returning to Council in October for discussion
of baseline data regarding environmental issues to be considered in the EIR (now available on the City’s
website) as well as suggestions on a revised breadth and scope of the Comprehensive Plan update.
17. Downtown Cap Study
Comprehensive Plan Program L-8 limits “new” non-residential development in downtown to
350,000 square feet, or 10% more than existed in May 1986, and calls for a re-evaluation of
Summary of Ongoing Traffic, Parking & Zoning Initiatives For Discussion September 8, 2014
Page 6
this limit when development reaches 235,000 square feet. This re-evaluation is currently
underway, and was envisioned in two phases: a first phase of data collection and analysis,
and a second phase of policy development. Status: Staff and consultants are nearing the end of their
work on four phase one studies, although one of the studies -- the business survey -- has not yielded definitive
data on employment densities (i.e. number of employees per square foot), suggesting that a full census of
businesses rather than a survey will be needed. Staff hopes to accomplish the policy development phase of the
Downtown Cap Study in conjunction with the Comprehensive Plan update process.
18. Fry’s Precise Plan
When the City Council reviewed the draft California Area Concept Plan earlier this year,
they also authorized staff to apply for a planning grant to fund preparation of a precise plan
for the Fry’s site, possibly including adjacent parcels. The City Council also made it clear
that the City’s acceptance of the grant would be contingent on agreement on a scope of work
that preserved local control regarding the future of this site. Status: The VTA has agreed to fund
the City’s grant application and is currently going through a procurement process to select a planning
consultant. Concurrently, staff is working on a draft scope of work for presentation to the Council and – once
approved -- for use by the selected planning consultant.
19. Build-To-Line Revisions
On June 2, 2014, the City Council deferred consideration of an ordinance that would increase
setbacks along El Camino Real for consideration in the Comprehensive Plan Update process,
and instead directed staff to prepare an ordinance focused on changes to the “Built To Line”
standard in the City’s zoning ordinance that requires a percentage of any new building along
El Camino and other thoroughfares to be built to the setback line. Status: A draft ordinance was
presented to the PTC on July 30th and an updated draft (two versions) is scheduled for review by the
Architectural Review Board (ARB) on September 4th Following ARB input, the PTC will reconsider the draft
ordinance and make a recommendation to the City Council.
20. CPI Ordinance
In April 2012, the City Council requested a risk assessment related to the Communication
and Power Industries, Inc. site at 607-811 Hansen Way in the Stanford Research Park, and
instructed staff to recommend zoning amendments to address plating shops and facilities
using similar hazardous materials without appropriate separation from residential areas.
Status: After considerable delay getting started and a much longer planning process than originally
envisioned, a draft risk assessment was disseminated earlier this year, and a supplement is scheduled for
dissemination after Labor Day, with an analysis of zoning issues. The City Council is scheduled to review the
materials, receive public comment, and provide further direction to staff on October 6th.
21. Housing Nexus Study & Impact Fee Revisions
The City is in the process of updating all of the impact fees that are charged to new
development. Housing impact fees are being examined in a separate, in-depth analysis in the
form of a housing nexus study, which will also allow the City to update its BMR/
Summary of Ongoing Traffic, Parking & Zoning Initiatives For Discussion September 8, 2014
Page 7
inclusionary zoning ordinance. The City has joined a collaboration of other jurisdictions in
San Mateo County to complete the study. Status: The draft nexus study should be ready for internal
review in the next month, and a final version will be presented to the Regional Housing Mandate Committee
and the City Council with a fee recommendation immediately after certification of the City’s Housing Element
Update by HCD.
22. Planned Community Zoning Reform.
On February 3, 2014, the City Council deferred consideration of additional Planned
Community (PC) rezoning proposals, and directed staff to return with an analysis of potential
reforms and alternatives to this process whereby applicants have provided “public benefits”
in exchange for rezoning to Planned Community. The Planned Community zoning district
allows uses, densities, and other site-specific development standards that would not be
allowed under the original zoning district. Status: The Planning and Transportation Commission
held study sessions on August 13 and 27, and staff is currently soliciting public input prior to a study session
with the City Council tentatively scheduled for October 6.
23. Professorville Design Guidelines
Following the review of 405 Lincoln Ave demolition request on October 25, 2010, the City
Council directed staff to return to Council with an outline of a process for timely review of
proposals regarding demolitions of Contributing Structures in the Professorville Historic
District. Staff reviewed the key issues related to the Council’s request and returned to
Council on March 14, 2011, when there was general agreement on the process and scope of
the effort, which includes developing a written process for review of any future proposed
demolitions of Contributing Structure in Professorville, requiring early review of design of
both additions and new structures in the Professorville Historic District by the HRB, and
developing design guidelines including compatibility criteria for new construction in
Professorville. Status: A design guidelines committee was convened in September2011, and public
meetings were held in 2012 and 2013. In December 2013, the HRB reviewed the draft Professorville guidelines
prepared by the committee, whose recommendation was to incorporate these guidelines into the Single Family
Individual Review (IR) guidelines. Draft guidelines were then to be finalized to incorporate/address the
December HRB comments, for presentation in a community meeting. Development of draft implementing
ordinance(s) for Planning and Transportation Commission and Council review had not yet begun as of August
2014; implementing ordinances are necessary to allow the City to broaden the applicability and scope of the IR
program. The community meeting will be held in late 2014/early 2015, and public hearings on the draft
ordinance(s) would be scheduled in early 2015 to present and receive comments on the changes. To the extent
that members of the community have other issues/concerns about the City’s IR program, these are likely to be
discussed at the same time.
24. Other Planning & Zoning Initiatives
Over the last several years, the City Council has identified a number of other planning and
zoning initiative that it would like staff to undertake, and has given direction to undertake
Summary of Ongoing Traffic, Parking & Zoning Initiatives For Discussion September 8, 2014
Page 8
these initiatives as part of other planning efforts, or following other planning efforts. For
example:
On June 23, 2010, staff was directed to identify policies within the Comprehensive
Plan that are consistent with the policies of LEED-ND and add policies if necessary
(presumably as part of the Comprehensive Plan Update).
On June 23, 2010, staff was directed to develop a policy for inclusion in the
Comprehensive Plan update supporting preparation of a South El Camino Area
Concept Plan at a later date, that restricts rezoning for residential intensification
unless/until that Concept Plan is approved.
On June 23, 2010, staff was directed to develop a policy for preparation of a concept
plan for the Stanford Shopping Center site, to include the exploration of housing at
the site without diminishing the ability to support retail (presumably as part of the
Comprehensive Plan Update).
In response to residents’ concerns about the AT&T DAS project, the City Council
directed staff to retain the services of a qualified wireless communications firm to
assess the City’s wireless communication needs, propose a system to meet those
needs, and develop a strategy and incentives to encourage the use of this system and
colocation over other alternatives. An RFP was issued in October 2012, and the
selected consultant, Anthem Telecom, is currently in the early data collection phase
of the work.
On November 5, 2012, staff was directed to pursue implementation of expanded
ground floor retail protections (identified in a colleagues’ memo) in the course of the
Downtown Cap Study.
On November 4, 2013, the City Council adopted an interim ordinance (Ordinance
#5214) amending zoning ordinance Section 18.18, Downtown Commercial and
Section 18.52, Parking and Loading Requirements, to eliminate certain parking
exemptions in downtown. This interim ordinance will be effective until early
December 2015, and the Council’s intention was to adopt it permanently concurrent
with other desired code changes identified via the Downtown Cap Study.
On June 2, 2014, staff was directed to continue the review of housing sites after HCD
certification of the 2015-2022 Housing Element, and to specifically consider the
potential for elimination of sites on San Antonio and portions of South El Camino
Real that fall outside identified “nodes” in the Comprehensive Plan Update, and their
replacement with additional sites or densities in Downtown and/or the California
Avenue area.
On June 2, 2014, staff was directed to pursue changes to the Floor Area Ratio (FAR)
for Commercial Neighborhood sites on the City’s Housing Inventory in the course of
the Comprehensive Plan Update.
Summary of Ongoing Traffic, Parking & Zoning Initiatives For Discussion September 8, 2014
Page 9
On June 2, 2014, staff was directed to prepare revisions to the zoning ordinance to
explicitly incorporate more of the South El Camino Design Guidelines as
development standards after the Comprehensive Plan Update.
L-14
Palo Alto Comprehensive Plan
Mixed Use: This category includes Live/Work, Retail/Office, Residential/Retail and Residen-
tial/Office development. Its purpose is to increase the types of spaces available for living
and working to encourage a mix of compatible uses in certain areas, and to encourage the
upgrading of certain areas with buildings designed to provide a high quality
pedestrian-oriented street environment. Mixed Use may include permitted activities mixed
within the same building or within separate buildings on the same site or on nearby sites.
Live/Work refers to one or more individuals living in the same building where they earn
their livelihood, usually in professional or light industrial activities. Retail/Office, Resi-
dential/Retail, and Residential/Office provide other variations to Mixed Use with Retail
typically on the ground floor and Residential on upper floors. Design standards will be
developed to ensure that development is compatible and contributes to the character of
the street and neighborhood. Floor area ratios will range up to 1.15, although Residential/
Retail and Residential/Office development located along transit corridors or near
multi-modal centers will range up to 2.0 FAR with up to 3.0 FAR possible in areas resis-
tant to revitalization. The FAR above 1.15 will be used for residential purposes.
Commercial Hotel: This category allows facilities for use by temporary overnight occupants on
a transient basis, such as hotels and motels, with associated conference centers and simi-
lar uses. Restaurants and other eating facilities, meeting rooms, small retail shops, per-
sonal services, and other services ancillary to the hotel are also allowed. This category can
be applied in combination with another land use category. Floor area ratio will range up to
1.5 for the hotel portion of the site.
Research/Office Park: Office, research, and manufacturing establishments whose operations
are buffered from adjacent residential uses. Stanford Research Park is an example. Other
uses that may be included are educational institutions and child care facilities. Compat-
ible commercial service uses such as banks and restaurants, and residential or mixed uses
that would benefit from the proximity to employment centers, will also be allowed. Addi-
tional uses, including retail services, restaurants, commercial recreation, churches, and
private clubs may also be located in Research/Office Park areas, but only if they are found
to be compatible with the surrounding area through the conditional use permit process.
Maximum allowable floor area ratio ranges from 0.3 to 0.5, depending on site conditions.
Light Industrial: Wholesale and storage warehouses and the manufacturing, processing, repair-
ing, and packaging of goods. Emission of fumes, noise, smoke, or other pollutants is strictly
controlled. Examples include portions of the area south of Oregon Avenue between El
Camino Real and Alma Street that historically have included these land uses, and the San
Antonio Road industrial area. Compatible residential and mixed use projects may also be
located in this category. Floor area ratio will range up to 0.5.
Institutional
School District Lands: Properties owned or leased by public school districts and used for
educational, recreational, or other non-commercial, non-industrial purposes. Floor area
ratio may not exceed 1.0.
Major Institution/Special Facilities: Institutional, academic, governmental, and community
service uses and lands that are either publicly owned or operated as non-profit organiza-
tions. Examples are hospitals and City facilities.
Attachment D
City of Palo Alto (ID # 5024)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/8/2014
City of Palo Alto Page 1
Summary Title: Approval of Crossing Guard Agreement Amendment
Title: Approval of Amendment No. 1 to Add the Amount of $205,000 to
Contract #C12142862 with American Guard Services, Inc. and Extend Term of
Agreement by Eight Months to July 30, 2015
From: City Manager
Lead Department: Police
Recommendation
Staff recommends that Council:
1. Approve Amendment No. 1 to add the amount of $205,000 to contract #C12142862 with
American Guard Services, Inc. and extend term of agreement by eight months to July 30, 2015.
Discussion
The City is dedicated to ensuring the safety of children traveling to and from school. Prior to
1999, the Police Department was responsible for the hiring, staffing, training, equipping and
supervising the hourly crossing guards. Due to the increase in the number of locations where
crossing guards are required, and the amount of staff time required to handle all the associated
responsibilities, together with the use of regular employees including police officers as backfills;
the management of the crossing guard program became increasingly time-consuming and
labor-intensive for Police personnel. As a result, in August 1999 staff received Council approval
to contract for adult crossing guard services.
On July 15, 2011, the City issued an RFP for crossing guard services for three years, commencing
on December 1, 2011 for a three-year term expiring on November 30, 2014. American Guard
Services, Inc. was selected through the RFP process and had provided quality services to the
City during the contract term. Staff is proposing extending the current contract for a period of
seven months, expiring July 31, 2015. In addition, staff is proposing additional funds be added
to the contract in the amount $205,000 to cover the additional time period, plus a 6% increase,
to take effect December 1, 2014 in the current rate of $13.51 to $14.05 per hour compared to
year three of the contract due to increases in the statewide minimum wage and other wage
pressures, as requested by the contractor. This action will help the city avoid challenges with a
possible transition of guard services during the school year, which was experienced three years
City of Palo Alto Page 2
ago. Staff anticipates issuing an RFP for crossing guard services in early 2015 to take affect
August 1, 2015 with the new school year.
The Amendment allocates $205,000 for the November 30, 2014 through July 31, 2015 time
period; the original allocation of $871,897 covered the period from December 2011 through
November 30, 2014, and has been disbursed.
Resource Impact
Sufficient funding for the crossing guard contract is included in the Police Department’s
operating budget.
Policy Implications
The provision of adult crossing guards is consistent with existing City policy.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
Attachments:
Attachment A - Crossing Guard Amendment (PDF)
DocuSign Envelope ID: 1495161C-7D94-44D6-86A8-E321B1616A6B
DocuSign Envelope ID: 1495161C-7D94-44D6-86A8-E321B1616A6B
Operation Manager
Alan Stone
City of Palo Alto (ID # 4924)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/8/2014
City of Palo Alto Page 1
Summary Title: $200k PAHC CO Park Rehab Request
Title: Approval of a Request From Palo Alto Housing Corporation for
$200,000 for Rehabilitation Work at the Colorado Park Apartments Located
at 1141 Colorado Avenue and Approval of a Budget Amendment Ordinance in
the Residential Housing Fund, Loan Agreement and Regulatory Agreement to
Ensure Long Term Affordability
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that the City Council approve the Palo Alto Housing Corporation request to
commit $200,000 for the rehabilitation of the Colorado Apartments by adopting the attached
Budget Amendment Ordinance to allocate $200,000 from the Residential Housing Fund for the
rehabilitation and direct the City Manager or designee to negotiate and execute the Loan
Agreement and Regulatory Agreement in substantially the same form as Exhibits A and B and
other necessary documentation.
Executive Summary
The Palo Alto Housing Corporation (PAHC) has requested a commitment of $200,000 in funding
from the City’s Residential Housing Fund in order to finance termite fumigation and deck
repairs of the Colorado Apartments apartment, a 60-unit affordable development that has
served the City’s extremely low, very low and low income population for forty years. Council
approval of the recommended action will formalize the City’s commitment to provide financial
assistance for the rehabilitation in the future, allowing the City to “count” some of the units
towards its Regional Housing Needs Allocation (RHNA) as explained further below. A Budget
Amendment Ordinance (BAO) is attached as Attachment C.
Background
Colorado Apartments, located at 1141 Colorado Ave, has been serving extremely low, very low
and low income Palo Alto seniors for forty years, although some of the units are not currently
deed-restricted for affordable housing. Built in 1972, Colorado Apartments consists of 60 one,
City of Palo Alto Page 2
two, three and four bedroom units. In addition to providing affordable housing, it offers
services, meals and social programs for its residents. Currently, more than 80% of the resident
population has incomes that qualify as extremely low income.
PAHC is the developer, owner and operator of Colorado Apartments. Originally funded through
HUD Section 202 funds, the building has been well maintained over its lifespan. However,
certain building components have recently begun to near the end of their useful lives. The
minor rehabilitation is the first phase of a larger rehabilitation project that will insure the longer
term viability of this affordable housing development.
Discussion
Colorado Apartments is situated on a 3 acre parcel in southern Palo Alto, near Greer Park. The
60 unit development is comprised of six two-story buildings, which house the 60 units. It also
has a community center. The development is primarily surrounded by single family uses.
Scope of Rehabilitation Project
The proposed work will include termite repair for the buildings that show termite damage.
There are some units that will also require repair of their patio decks. The cost of the termite
work is estimated to be $30,000 and the repair of the 16 decks is estimated to be a maximum
of $174,000. If the total amount of rehabilitation work for the termite work and deck repair is
less than $200,000, the remaining funds will be applied towards the installation of photovoltaic
panels.
The larger rehabilitation scope of work will include installing drought tolerant landscaping,
irrigation system work, common area walkway repair, roof replacement, exterior work,
installation of a solar electric system and improving the solar thermal system. The larger
rehabilitation project is estimated to cost approximately $4 million. Funding will be provided
through State tax credits. PAHC will be applying for tax credits in mid-August 2014.
Project Timeline
The termite and deck repairs should not take more than 6 months.
Loan Agreement
The City’s $200,000 Loan Agreement is similar to other approved loans. It is included as
Attachment A. The loan will be evidenced by a Note and Deed of Trust secured by the
property. The Note will bear simple interest at 3% per annum, and payments will be made
from residual receipts over and above the project’s net operating income expenses and will be
divided among other funding agencies based on the City’s proportionate share of its funding to
total development costs. No interest will accrue and no payments will be required until after
the rehabilitation work is completed. Due to the deep affordability of the rents, it is not
expected that cash flow will be sufficient to pay the annual interest in full. The proposed project
will be affordable to extremely low, very low and low income households, and the affordability
City of Palo Alto Page 3
restrictions will be in place for a minimum of 55 years after the issuance of a certificate of
occupancy. Some of the City’s standard loan terms described here may need to be modified to
meet the requirements of other lenders or funding programs for construction or permanent
sources of funds.
Regulatory Agreement
A Regulatory Agreement will be recorded against the property. (Attachment B) The Agreement
will deed restrict the maximum rents of 23 units not to exceed 50% of the County Area Median
Income. The term of the Agreement will be the same 55 year term as the loan agreement.
Regional Housing Needs Allocation
This project will help the City meets its Regional Housing Needs Allocation (RHNA) requirement.
RHNA is a state mandate that requires each jurisdiction plan for future housing growth for a
certain time period. The future housing growth is calculated by the State and then it is the
responsibility of local council of governments to allocate the housing units on a regional basis.
The Association of Bay Area Governments assigned the City a total of 1,988 units that must
accommodated as part of its Housing element update for the period 2015-2023.
The City is in the process of updating its 2015-2023 Housing Element. As part of the process,
the City must demonstrate that it can accommodate 1,988 units through zoning and other land
use policies. Another approach of meeting the RHNA requirement is through existing units.
The State allows up to 25% of the RHNA requirement be met using existing units under
stringent circumstances including providing relocation benefits, although no relocation is
anticipated for this project. The State Department of Housing and Community Development
existing sites checklist demonstrating the stringent circumstances has been included as
Attachment D.
23 units in the Colorado Apartments do not currently have affordability restrictions. Thus the
units will meet the State’s requirements if the City commits funding to their rehabilitation and
places a deed-restriction on the units to ensure their long-term affordability. These units will
qualify for the upcoming Housing Element cycle.
Resource Impacts
Sufficient fund balance is available in the Residential Housing In-Lieu Fund (Fund 233) for the
commitment of $200,000. It is anticipated that the funds will be drawn down on a
reimbursement basis as the rehabilitation work is complete. No General Fund monies will be
used for this housing activity.
Policy Implications
The actions recommended in this report implement the City’s adopted Housing Element
policies and programs supporting the development of very low and extremely low income
housing. Policy H1.2 calls for supporting efforts to preserve multifamily housing units in
existing neighborhoods. In addition, Policy 3.1 supports housing that encourages, fosters and
City of Palo Alto Page 4
preserves diverse housing opportunities for very-low, low and moderate income households.
The project is a 100% affordable housing project and serves low and very low income
households who are earning 30 to 60 percent of the area wide median income.
Environmental Review
The work proposed is all in the nature of maintenance and rehabilitation of the existing facility,
which is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant
to CEQA Guidelines section 15301.
Attachments:
Attachment A: Colorado Park Loan Agreement (PDF)
Attachment B: Regulatory Agreement (PDF)
Attachment C: Budget Ordinance Amendment (DOCX)
Attachment D: HCD Sites Checklist (PDF)
Attachment C
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR FISCAL YEAR 2015 TO
PROVIDE ADDITIONAL APPROPRIATION OF $200,000 FROM
THE RESIDENTIAL HOUSING IN-LIEU FUND FOR A LOAN
TO THE PALO ALTO HOUSING CORPORATION (PAHC) FOR
THE COLORADO APARTMENTS REHABILITATION
The Council of the City of Palo Alto does ordain as
follows:
SECTION 1. The Council of the City of Palo Alto 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 16, 2014 did adopt a budget for Fiscal Year 2015; and
B. The Palo Alto Housing Corporation is the owner and
operator of the Colorado Apartments, located at 1141
Colorado Avenue, that has provided low-income housing to
Palo Alto seniors for over forty-years; and
C. The City’s Affordable Housing Fund Guidelines
require that funds be used to expand, preserve, or improve
the supply of low and moderate income housing in the City
as defined by the City’s comprehensive plan and this
project will help the City meets its Regional Housing Needs
Allocation (RHNA) requirement as mandated by the State of
California; and
D. A loan of $200,000 from the Residential Housing In-
Lieu Fee Fund balance will be committed to the Palo Alto
Housing Corporation for the rehabilitation of the Colorado
Apartments.
SECTION 2. The sum of Two Hundred Thousand Dollars
($200,000) is hereby appropriated to the Palo Alto Housing
Corporation for the Colorado Apartments Rehabilitation
Project and the ending fund balance in the Residential
Housing In-Lieu Fund is hereby decreased by Two Hundred
Thousand Dollars ($200,000)
SECTION 3. As provided in Section 2.04.330 of the Palo
Alto Municipal Code, this ordinance shall become effective
upon adoption.
SECTION 4. The proposed rehabilitation project is for
repair and maintenance of an existing structure and is
exempt from review under the California Environmental
Quality Act pursuant to CEQA Guidelines section 15301.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
__________________________ ___________________________
City Clerk Mayor
APPROVED AS TO FORM: ___________________________
City Manager
__________________________ ___________________________
Senior City Attorney Director of Planning and
Community Environment
___________________________
Director of Administrative
Services
STATE OF CALIFORNIA -BUSINESS, TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT
1800 Third Street, Suite 430 P. O. Box 952053 Sacramento, CA 94252-2053
(916) 323-3177 FAX (916) 327-2643 Adequate Sites Program Alternative Checklist Government Code Section 65583.1(c)
As provided for in Government Code Section 65583.1(c), local governments can rely on existing housing units to address up to 25 percent of their adequate sites requirement by counting existing units made
available or preserved through the provision of “committed assistance” to low- and very low-income households at affordable housing costs or affordable rents. The following is a checklist intended to provide
guidance in determining whether the provisions of Government Code Section 65583.1(c) can be used to address the adequate sites program requirement. Please be aware, all information must be provided in the
housing element to demonstrate compliance. HE Page #
65583.1(c)(4)
Is the local government providing, or will it provide “committed assistance”
during the period of time from the beginning of the RHNA projection
period to the end of the first 2 years of the housing element planning
period? See the definition of “committed assistance” at the end of the
checklist.
Yes
No
Program 2.2.4 in
Chapter X: Housing
Plan
65583.1(c)(1)(A)
Has the local government identified the specific source of “committed
assistance” funds?
If yes: specify the amount and date when funds will be dedicated through a (legally enforceable agreement). $200,000- Residential Housing Fund Date: prior to January 1, 2017
Yes
No
Page XX in
Chapter X: Housing
Resources and
Sites
65583.1(c)(3) Has at least some portion of the regional share housing need for very low-income (VL) or low-income (L) households been met in the current or previous planning period?
Specify the number of affordable units permitted/constructed in the
previous period. 290 units
Specify the number affordable units permitted/constructed in the current period and document how affordability was established. 96 affordable units (affordability established through the City’s Density Bonus provisions and the Mayfield development agreement)
Yes No
Page XX of Chapter X: Housing Plan
Page XX in
Chapter X: Housing
Resources and
Sites
65583.1(c)(1)(B) Indicate the total number of units to be assisted with committed assistance funds and specify funding source. Number of units: 23 Funding source: Residential Housing Fund
Page XX in Chapter X: Housing Resources and Sites
65583.1(c)(1)(B)
Will the funds be sufficient to develop the identified units at affordable
costs or rents?
Yes
No
65583.1(c)(1)(C) Do the identified units meet the substantial rehabilitation, conversion, or preservation requirements as defined? Which option? Conversion
Yes No
Note: If you cannot answer “yes” to all of the general requirements questions listed above, your
jurisdiction is not eligible to utilize the alternate adequate sites program provisions set forth in
Government Code Section 65583.1(c).
Revised August 24, 2012
65583.1(c) Checklist Page 2
CONVERSION OF MULTIFAMILY RENTAL AND OWNERSHIP UNITS OF 3 OR MORE OR FORECLOSED PROPERTIES FROM NON-AFFORDABLE TO AFFORDABLE (65583.1(c)(2)(B))
Include reference to specific program action in housing element. Program #
_________
Page #
_______
65583.1(c)(2)(B)
Specify the number of multifamily rental (3 or more units) to be
converted. 23 units
Specify the number multifamily ownership units to be converted. N/A Specify the number of foreclosed properties acquired. N/A
Date Acquired? Will these units be for rent?
Program 2.2.4
65583.1(c)(2)(B)(i) Will the acquired units be made affordable to low- or very low-income
households?
Yes
No
65583.1(c)(2)(B)(ii)
For units to be converted to very-low income, were those units
affordable to very low-income households at the time they were identified for acquisition?
For units to be converted to low-income, were those units affordable to low-income households at the time they were identified for acquisition? N/A
Yes
No
Yes No
65583.1(c)(2)(B)(iii) If the acquisition results in the displacement of very low- or low-income households, is the local government providing relocation assistance
consistent with Government Code Section 7260, including rent and moving expenses equivalent to four (4) months, to those occupants
permanently or temporary displaced?
Yes
No
N/A N/A
65583.1(c)(2)(B)(iv)
Will units be decent, safe, and sanitary upon occupancy?
Yes
No
65583.1(c)(2)(B)(v)
Will affordability and occupancy restrictions be maintained at least 55
years?
Yes
No
65583.1(c)(2)(B)(vi)* For conversion of multifamily ownership units:
Has at least an equal share of newly constructed multifamily rental
units affordable to lower-income households been constructed within the current planning period or will be constructed by the of program
completion as the number of ownership units to be converted? (Note:
this could be demonstrated by providing certificates of occupancy)
Specify the number of affordable multifamily rental units constructed in the planning period.
Yes
No
N/A # of lower-income
units: ________
N/A
*NOTE: After January 1, 2015 foreclosed units acquired and converted must meet the requirements of GC
65583.1(c)(2)(B)(vi)
Revised August 24, 2012
65583.1(c) Checklist Page 3
NOTE:
• By no later than July 1st of the third year of the planning period, local governments must report on the status
of its program implementation for substantial rehabilitation, conversion, and/or preservation (of affordability) as described above (Government Code 65583.1(c)(7)).
• The report must specify and identify those units for which committed assistance has been provided or which
have been made available to low- and very low-income households and document how each unit complies with the substantial rehabilitation, conversion, and/or preservation provisions.
• If the local government has not entered into an enforceable agreement of committed assistance for all units
specified in the identified program(s), by the July 1st due date, it must amend its element to identify additional appropriately zoned and suitable sites, sufficient to accommodate the number of units for which committed
assistance was not provided. This follow-up action must be taken no later than July 1st of the fourth year of the planning period.
• If a local government fails to amend its element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, the local government
cannot use the alternate adequate sites program provisions of Government Code Section 65583.1(c)(1) in it
next housing element update, beyond the number of units actually provided or preserved due to committed assistance.
DEFINITIONS:
Committed Assistance: When a local government has entered into a legally enforceable agreement within a
specific timeframe spanning from the beginning of the RHNA projection period through the end of the second year
of the housing element planning period, obligating funds for affordable units available for occupancy within two years of the agreement.
Assisted Housing Development: A multifamily rental housing development that receives governmental assistance under any of the following programs:
(A) New construction, substantial rehabilitation, moderate rehabilitation, property disposition, and loan management set-aside programs, or any other program providing project-based assistance, under Section 8 of the United States Housing Act of 1937, as amended (42 U.S.C. Sec. 1437f).
(B) The following federal programs: (i) The Below-Market-Interest-Rate Program under Section 221(d)(3) of the National Housing Act (12 U.S.C. Sec. 1715l(d)(3) and (5)).
(ii) Section 236 of the National Housing Act (12 U.S.C. Sec.1715z-1). (iii) Section 202 of the Housing Act of 1959 (12 U.S.C. Sec. 1701q). (C) Programs for rent supplement assistance under Section 101 of the Housing and Urban Development Act
of 1965, as amended (12 U.S.C. Sec. 1701s).
(D) Programs under Sections 514, 515, 516, 533, and 538 of the Housing Act of 1949, as amended (42 U.S.C. Sec. 1485).
(E) Section 42 of the Internal Revenue Code. (F) Section 142(d) of the Internal Revenue Code (tax-exempt private activity mortgage revenue bonds). (G) Section 147 of the Internal Revenue Code (Section 501(c)(3) bonds). (H) Title I of the Housing and Community Development Act of 1974, as amended (Community Development
Block Grant Program). (I) Title II of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended (HOME
Investment Partnership Program). (J) Titles IV and V of the McKinney-Vento Homeless Assistance Act of 1987, as amended, including the
Department of Housing and Urban Development's Supportive Housing Program, Shelter Plus Care program, and surplus federal property disposition program.
(K) Grants and loans made by the Department of Housing and Community Development, including the Rental Housing Construction Program, CHRP-R, and other rental housing finance programs. (L) Chapter 1138 of the Statutes of 1987.
Revised August 24, 2012
65583.1(c) Checklist Page 4
(M) The following assistance provided by counties or cities in exchange for restrictions on the maximum rents that may be charged for units within a multifamily rental housing development and on the maximum
tenant income as a condition of eligibility for occupancy of the unit subject to the rent restriction, as reflected by a recorded agreement with a county or city:
(i) Loans or grants provided using tax increment financing pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).
(ii) Local housing trust funds, as referred to in paragraph (3) of subdivision (a) of Section 50843 of the Health and Safety Code.
(iii) The sale or lease of public property at or below market rates. (iv) The granting of density bonuses, or concessions or incentives, including fee waivers, parking
variances, or amendments to general plans, zoning, or redevelopment project area plans, pursuant to Chapter 4.3 (commencing with Section 65915).
Assistance pursuant to this subparagraph shall not include the use of tenant-based Housing Choice
Vouchers (Section 8(o)) of the United States Housing Act of 1937, 42 U.S.C. Sec. 1437f(o), excluding subparagraph (13) relating to project-based assistance). Restrictions shall not include any rent control
or rent stabilization ordinance imposed by a county, city, or city and county.
Revised August 24, 2012
City of Palo Alto (ID # 4986)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/8/2014
City of Palo Alto Page 1
Summary Title: Green Building RFP
Title: Approval of a Contract with Integrated Design 360 (Green Building
Consultant) in the Amount of $445,994, to Assist Staff with the
Implementation and Management of the City's Green Building Program.
From: City Manager
Lead Department: Development Services Department
Recommendation
Staff recommends that Council approve and authorize the City Manager or designee to
execute a contract with Integrated Design 360 in the total amount not to exceed
$445,994 for the implementation and management of the City’s Green Building program
through September 2016.
Executive Summary
Staff has selected a consultant to assist staff with the implementation and management
of the City’s Green Building program. Staff recommends that Council approve this
contract in the total amount not to exceed $445,994. The term of the contract is for
two years with an estimated completion date of September 2016.
Background
In Fiscal Year (FY) 2009, the Department established a new Green Building Program
under the City’s Green Building Ordinance (Palo Alto Municipal Code (PAMC) Chapter
16.14) to build a new generation of efficient buildings in Palo Alto that are
environmentally responsible and healthy places in which to live and work. In FY 2013,
the program influenced over $569 million of project valuation. The City of Palo Alto is a
leader in environmental sustainability and has developed an innovative Green Building
Program. The existing Green Building Program operates within the Development
Services Department in conjunction with the Planning Department, the Building
Department, and the Utilities Department. From 2009 to 2013 the Green Building
program was managed by one full time employee operating out of the Planning and
Community Environment Department. As of September 2013 the Green Building planner
position has been vacant.
City of Palo Alto Page 2
The City has been working to establish a “single-minded approach” on the future
operation of the Green Building Program across these three departments. On January
27, 2014 the City contracted with Integrated Design 360 to: 1) audit the City’s existing
Green Building program and provide the City with recommendations for restructuring
the way Green Building services are delivered, coordinated, and managed throughout
City departments, and 2) to determine the level of staff or consultant resources needed
in order to maintain a viable program in keeping with the City’s Green Building
Ordinance. Additionally, the consultant provided day to day support for the Green
Building program which is a critical component to goals of the Development Center
Blueprint. Integrated Design 360 was selected to conduct this audit based on the firm’s
ability to provide a consultant on-site who is a LEED accredited professional with a
focus on innovative program development, green building program management,
training, and strategy consulting.
The audit recommended that implementation of the Green Building program be
distributed among a variety of City personnel rather than a single individual. Delegating
green building tasks to several city personnel has the following benefits:
In line with Palo Alto’s mission of sustainability.
Reduced confusion with personnel changes.
Increased awareness of green requirements impacting the future of building
design.
In order to proceed with this recommendation, Staff issued an RFP for a Green Building
Consultant, who can train full time staff on Green Building requirements and advise the
City on policy development, advancement of sustainability goals, and continued
advancement of the City’s Green Building program.
Discussion
Staff issued the RFP for the Green Building consultant on May 30, 2014. A multi-
departmental evaluation panel recommended Integrated Design 360 from a strong field
of potential consultants on July 30, 2014. Staff issued a Notice of Award on July 31,
2014 and has negotiated the attached contract.
Staff selected Integrated Design 360 led by Melanie Jacobson because of the strength
of the proposal, their specific experience in the work required, their grasp of Palo Alto’s
vision, and the merits of their proposal and plan, including their proposal to implement
an integrated, cross-departmental approach.
The Consultant will assist staff with the implementation and management of the City’s
Green Building program. The scope of work for the consultant will primarily be to
execute the Green Building program and operations task list which includes:
A. Existing Program Implementation Assistance
City of Palo Alto Page 3
B. Metrics Management and Reporting
C. Quality Control Maintenance
D. Develop Green Building Program Process Handouts
E. Ongoing Training
F. Policy Review and Creation
G. Graphic Media Support of Program
H. Landscape Water Efficiency Plan Review (Additional Services)
A more detailed scope of the consultant responsibilities is outlined as follows:
A. Existing Program Implementation Assistance
Provide program implementation assistance tasks for the existing green building
program in accordance with City staff requirements. Examples of these tasks may
include the items listed below:
• Response to requests to clear for Final Inspection
• Approval of permit applications (residential and non-residential)
• Explanation of requirements to applicants
• Reminders for final Green Point and LEED certificates, Commissioning
reports, receive and enter final certifications and administer fines when
overdue
• Program efficiency improvement
• Integration with entire permitting system and individual staff members, as
well as inter-departmental sustainability efforts
• Program Development, goals, updates, implementation
• Data entry and management for statistics and annual report
• Community Education on sustainability
B. Metrics Management and Reporting
Provide detailed quantitative analysis that measures how effective the Green Building
program is. Example of these tasks may include the items listed below:
• Building Performance Database - Develop performance metrics
information provided by applicant at Permit Issuance and Final Inspection
stage of building permit.
• SEA Report – Compile standard report for fiscal year data for Green
Building for annual SEA Report.
• Earth Day Report – Compile standard report for fiscal year data for green
building annual Earth Day Report.
C. Quality Control Maintenance
Develop process and best practices for tasks identified at various stages of the
development process. The various city departments where these best practices should
be implemented include:
City of Palo Alto Page 4
• Planning Department - Planning and design phase
• Development Services; Project Coordinator- Process, timeline and fees
prior to submittal
• Development Services; Plan Check -Technical review of green building
requirements
• Development Services; Inspection - Field review of mandatory measures
• Utilities Department - Reporting, metrics and performance review
D. Develop Green Building Program Process Web Page and Handouts
Develop clearly defined paths that are user friendly that guide the applicant through the
process from start to finish. These paths will be readily accessible either through access
to the City’s Green Building web page and/or handouts that are available for distribution
from the City’s Development Center.
E. Ongoing Training
Continue to explore ways to help make Palo Alto a leader in environmental
sustainability. This involves a proactive approach with all relevant City Departments
including but not limited to, Planning, Building, Utilities, and Public Works. Ongoing
training shall also be available to outside stakeholders when the opportunity presents
itself.
F. Policy Review and Creation
Collaborate with stakeholder groups in the review of existing and creation of new green
building policies and guidelines that forward the city’s vision to be a leader in
sustainable development (i.e.; Electrical Vehicle Supply Equipment Ordinance). The
primary focus will be managing the City’s efforts to update our existing Green Building
Ordinance (PAMC CH 16.14). Consultant will be expected to draw on best in class
examples and latest advances in technology to promote this agenda. Consultant will be
expected to craft and articulate these policies and guidelines in reports to Council and
other City advisory boards and commissions.
G. Graphic Media Support
Develop and maintain web content for the Green Building webpage within the
Development Services department webpage. Develop tutorial based videos explaining
the Green Building process including, requirements, forms, timelines, inspections, etc.
H. Landscape Review (Additional Services)
To date the Utilities Marketing Division has been responsible for overseeing the review
and installation of landscape and irrigation plans in accordance with the City’s landscape
water efficiency standards to ensure that projects are consistent with the State Green
Building Standards Code (CALGreen).
The City’s landscape water efficiency standards are based upon the State of California’s
City of Palo Alto Page 5
Water Conservation in Landscaping Act (AB 1881) and the State Green Building
Standards Code, otherwise known as “CALGreen.” The City integrated the State water
efficient landscape requirements into its adoption of CALGreen, which includes a tier-
based system of requirements for outdoor water use and conservation.
The City requires non-residential new construction and renovation projects to comply
with a series of measures designed to achieve maximum efficiency in outdoor water
use. These measures include, but are not limited to: calculating a water budget with an
evapotranspiration factor determined by the project scope, providing landscape and
irrigation design plans, installing dedicated irrigation meters, weather-based irrigation
controllers, ensuring maximum irrigation efficiency and installing infrastructure
necessary to comply with the City’s recycled water ordinance.
Integrated Design 360 will be responsible for reviewing landscape and irrigation plans in
accordance with the City’s landscape water efficiency standards to ensure that projects
being developed within the City are properly irrigated and utilize water efficient plants.
City staff, primarily a project manager from the Utilities Marketing Services Division of
the City of Palo Alto Utilities Department (“UMS Program Manager”), will provide
Integrated Design 360 with regular updates on any changes to the City or State
requirements for landscape water efficiency, including calculations and forms necessary
to facilitate accurate and timely review of projects.
City staff will notify Integrated Design 360 when a landscape and irrigation plan is ready
for review and arrange delivery of the plan set and necessary water use calculations.
Integrated Design 360 will notify City staff of errors or omissions in plan sets and draft
a written comment letter indicating approval or disapproval based upon current
standards.
Timeline
Task Date (Calendar Year)
New green building ordinance criteria in
collaboration with Technical Advisory Group.
Work includes technical analysis and drafting
report to advisory bodies.
Update Development Services Website with
new Green Building requirements.
Prepare output data for City’s annual SEA and
Earth Day reports.
Facilitation of day-to-day Green Building
Q4 2014
City of Palo Alto Page 6
program operations including: customer
inquiries, plan review, policy development and
staff training.
Create standardized Green Building plan check
requirements.
Create Green Building Inspection Checklist
Train Staff on new Green Building standards
Facilitation of day-to-day Green Building
program operations including: customer
inquiries, plan review, policy development and
staff training.
Q1 2015
Create informational videos for Development
Center customer interface.
Facilitation of day-to-day Green Building
program operations including: customer
inquiries, plan review, policy development and
staff training.
Q2 2015
Develop metric management and reporting
tool for IT database.
Facilitation of day-to-day Green Building
program operations including: customer
inquiries, plan review, policy development and
staff training.
Q3 2015
Update green building ordinance criteria in
collaboration with Technical Advisory Group.
Work includes technical analysis and drafting
report to advisory bodies.
Prepare output data for City’s annual SEA and
Earth Day reports
Website content update including
informational videos.
Facilitation of day-to-day Green Building
program operations including: customer
inquiries, plan review, policy development and
Q4 2015
City of Palo Alto Page 7
staff training.
Train Staff on new Green Building standards.
Facilitation of day-to-day Green Building
program operations including: customer
inquiries, plan review, policy development and
staff training.
Q1 2016
Preparation of report detailing existing
program analysis, next steps and
recommendations moving forward.
Update Green Building marketing materials
Facilitation of day-to-day Green Building
program operations including: customer
inquiries, plan review, policy development and
staff training.
Q2 2016
Preparation of report detailing existing
program analysis, next steps and
recommendations moving forward.
Facilitation of day-to-day Green Building
program operations including: customer
inquiries, plan review, policy development and
staff training.
Q3 2016
Resource Impact
The full cost of this project is $445,994 over 24 months and includes costs associated
with Green Building coordination as well as additional services pertaining to Landscape
Review. These expenses will be allocated across Development Services and Utilities
Department funds.
A total of cost of approximately $180,714 is expected to be incurred in fiscal year 2015,
in which green building coordination expenses of $119,480 will be funded through
salary savings of a vacant Planner position. This position is budgeted partially to
Development Services in the General fund with the remaining to the Utilities
department in the Electric & Water fund. Sufficient balance is available in the Utilities
City of Palo Alto Page 8
Water fund for the commitment of [$61,234] relating to additional Landscape Review
services.
As part of the development of the Fiscal Year 2016 budget, staff will reassess the
vacant Planner position to determine if salary savings will be utilized to fund the the
contractual work for Fiscal Year 2016 or if a recommendation will be brought forward
for City Council consideration to permanently delete the vacant planner position and use
the savings for fund a Green Building contractual services.
Development Services will be completing a cost of service study during fiscal year 2015
in which fees will be implemented and/or reassessed. The department anticipates that
increased revenues will offset any future budget requests related to additional Green
Building expenses or Landscape Review services.
FY15 Green Building Additional Services
Monthly
Rate
# of
Months Hrs/Month Cost Hrs/Month Cost Total
Sept-
Dec
2014
$145.00 4 80 $46,600 41 $23,780
Jan-
June
2015
$152.25 6 80 $73,080 41 $37,454
$119,480 $61,234 $180,714
FY16 Green Building Additional Services
Monthly
Rate
# of
Months Hrs/Month Cost Hrs/Month Cost Total
Jul-Aug
2015 $152.25 2 80 $24,360 41 $12,485
Sept-
Dec
2015
$152.25 4 80 $48,720 41 $24,969
Jan-
June
2016
$159.86 6 80 $76,734 41 $39,326
$149,814 $76,780 $226,594
FY17 Green Building Additional Services
City of Palo Alto Page 9
Monthly
Rate # of Months Hrs/Month Cost Hrs/Month Cost Total
Jul-Aug
2016 $159.86 2 80 $25,578 41 $13,109
$25,578 $13,109 $38,687
Total
24 $294,872 $151,122 $445,994
Policy Implications
This policy will advance the Council priorities of Environmental Sustainability as well as
help support the following Comprehensive Plan Goals, Policies and Programs:
Policy N-47: Optimize energey conservation and efficiency in new and existing
residences, businesses, and industries in Palo Alto.
Program N-65: Incorporate cost-effective energy conservation measures into
constrution, maintenance, and City operation and procurment practices.
Program N-66: Incorporate state and federal energy efficiency standards and policies in
relevant City codes, regulations and procedures.
Policy N-48: Encourage the appropriate use of alternative energy technologies.
Environmental Review
Approval of this contract is not a project requiring review under the California
Environmental Quality Act (CEQA).
Attachments:
Signed Contract - C15154454 (PDF)
Professional Services
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CITY OF PALO ALTO CONTRACT NO. C15154454
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
INTEGRATED DESIGN 360, LLC. FOR PROFESSIONAL SERVICES
This Agreement is entered into on this day of 8, September, (“Agreement”) by
and between the CITY OF PALO ALTO, a California chartered municipal corporation
(“CITY”), and INTEGRATED DESIGN 360, LLC. a California limited liability company,
located at 727 Industrial Road, Suite 128, San Carlos, California, 94070, Telephone (415) 866-
6744 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to obtain assistance to manage the Green Building Program (“Project”) and
desires to engage a consultant to provide services in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the
Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit “A”, attached to and made a part of this
Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit “A” 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. TERM.
The term of this Agreement shall be from the date of its full execution through September 30,
2016 unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. 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”, attached to and
made a part of this Agreement. Any Services for which times for performance are not specified
in this 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.
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S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\PLANNING - CHRIS\CONTRACTS\Integrated Design
360\C15154454\C15154454 Contract Final .docx
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A”, including both
payment for professional services and reimbursable expenses, shall not exceed Two Hundred
Ninety Four Thousand Eight Hundred Seventy Two Dollars ($294,872.00). In the event
Additional Services are authorized, the total compensation for Services, Additional Services and
reimbursable expenses shall not exceed Four Hundred Forty Five Thousand Nine Hundred
Ninety Four Dollars ($445,994.00). The applicable rates and schedule of payment are set out in
Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of
this Agreement.
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 in Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-
1”). If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT
represents that it possesses the professional and technical personnel necessary to perform the
Services required by this Agreement and that the personnel have sufficient skill and experience
to perform the Services assigned to them. CONSULTANT represents that it, its employees and
subconsultants, if permitted, have and shall maintain during the term of this Agreement all
licenses, permits, qualifications, insurance and approvals of whatever nature that are legally
required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or
similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
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SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any
and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY
gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or
other design documents to construct the Project, CONSULTANT shall be obligated to correct
any and all errors, omissions or ambiguities discovered prior to and during the course of
construction of the Project. This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent
(10%) of the CITY’s stated construction budget, CONSULTANT shall make recommendations
to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to
CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person employed by or
contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act
as and be an independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not
assign or transfer any interest in this Agreement nor the performance of any of
CONSULTANT’s obligations hereunder without the prior written consent of the city manager.
Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any
assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of
the work to be performed under this Agreement without the prior written authorization of the city
manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval
of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Melanie
Jacobson as the Project Manager to have supervisory responsibility for the performance,
progress, and execution of the Services and to represent CONSULTANT during the day-to-day
work on the Project. If circumstances cause the substitution of the project director, project
coordinator, or any other key personnel for any reason, the appointment of a substitute project
director and the assignment of any key new or replacement personnel will be subject to the prior
written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall
promptly remove personnel who CITY finds do not perform the Services in an acceptable
manner, are uncooperative, or present a threat to the adequate or timely completion of the Project
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or a threat to the safety of persons or property.
The City’s project manager is Jason Nortz, Development Services Department, 285 Hamilton
Avenue, Palo Alto, CA 94303, Telephone (650) 617-3137. The project manager will be
CONSULTANT’s point of contact with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests originally developed under this Agreement shall be and
remain the exclusive property of CITY without restriction or limitation upon their use.
CONSULTANT agrees that all copyrights which arise from creation of original work product
pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all
claims to copyright or other intellectual property rights in favor of the CITY. Neither
CONSULTANT nor its contractors, if any, shall make any of such materials available to any
individual or organization without the prior written approval of the City Manager or designee.
CONSULTANT makes no representation of the suitability of the work product for use in or
application to circumstances not contemplated by the scope of work. The parties acknowledge that in
performing the Services, CONSULTANT may utilize and leverage intellectual property created by
CONSULTANT prior to this Agreement (“Pre-Existing IP”). CONSULTANT retains all propriety
rights with respect to Pre-Existing IP but grants CITY an irrevocable, royalty-free, perpetual and
non-exclusive license to use, copy, distribute, sublicense and make derivative works of such Pre-
Existing IP to the extent it is incorporated into the Services.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability
of any nature, including death or injury to any person, property damage or any other loss,
including all costs and expenses of whatever nature including attorneys fees, experts fees, court
costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to
performance or nonperformance by CONSULTANT, its officers, employees, agents or
contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed
to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the
active negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall
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survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance
or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term,
covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in
Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement
naming CITY as an additional insured under any general liability or automobile policy or
policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming
CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the
approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is
primary coverage and will not be canceled, or materially reduced in coverage or limits, by the
insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of
the cancellation or modification. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the
Purchasing Manager written notice of the cancellation or modification within two (2) business
days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are provided to CITY’s Purchasing
Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement,
including such damage, injury, or loss arising after the Agreement is terminated or the term has
expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior
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written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will
immediately discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its
performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but
only in the event of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a
default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
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21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subconsultants, contractors or persons having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant”
as that term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure
documents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT 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. CONSULTANT 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 agrees to meet all
requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally
Preferred Purchasing policies which are available at the City’s Purchasing Department,
incorporated by reference and may be amended from time to time. CONSULTANT shall comply
with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste
Program. Zero Waste best practices include first minimizing and reducing waste; second,
reusing waste and third, recycling or composting waste. In particular, Consultant shall comply
with the following zero waste requirements:
All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 30% or greater post-consumer content paper, unless otherwise
approved by the City’s Project Manager. Any submitted materials printed by a
professional printing company shall be a minimum of 30% or greater post-
consumer material and printed with vegetable based inks.
Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation
from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
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24.1. 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 funds are not appropriated for the
following fiscal year, 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 Agreement 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 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value
of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will
apply to, and will bind, the heirs, successors, executors, administrators, assignees, and
consultants of the parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in
any duly executed amendment hereto are by such reference incorporated in this Agreement and
will be deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable
and appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for
direct marketing purposes without City’s express written consent.
25.9 All unchecked boxes do not apply to this agreement.
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25.10 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.
25.11 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
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
APPROVED AS TO FORM:
CONSULTANT
Attachments:
EXHIBIT “A”: SCOPE OF WORK
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES
EXHIBIT “D”: INSURANCE REQUIREMENTS
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EXHIBIT “A”
SCOPE OF SERVICES
CONSULTANT shall provide professional services for CITY’s Green Building program. The
CONSULTANT shall help manage the City’s Green Building program to help assist CITY with
its continued efforts to be a leader in environmental sustainability. CONSULTANT shall
integrate and manage sustainable building practices for local municipalities. CONSULTANT
shall conduct landscape and irrigation plan reviews in accordance with the City’s landscape
water efficiency standards.
The CONSULTANT shall assist staff with the implementation and management of the City’s
Green Building program. The CONSULTANT shall include a level of quality control of Green
Building Program Management coupled with CITY personnel performing Green Building
Quality Assurance as a portion of CONSULTANT’s duties. The CONSULTANT shall primarily
execute the Green Building program and operations task list which includes:
A. Existing Program Implementation Assistance
B. Metrics Management and Reporting
C. Quality Control Maintenance
D. Develop Green Building Program Process Handouts
E. Ongoing Training
F. Policy Review and Creation
G. Graphic Media Support of Program
H. Landscape Water Efficiency Plan Review (Additional Service)
A. Existing Program Implementation Assistance
Provide program implementation assistance tasks for the existing green building program in
accordance with CITY staff requirements. Examples of these tasks may include the items listed
below:
Response to requests to clear for Final Inspection
Approval of permit applications (residential and non-residential)
Explanation of requirements to applicants
Reminders for final GP and LEED certificates, Commissioning reports,
receive and enter final certs, administer fines when overdue
Program efficiency improvement
Integration with entire permitting system and individual staff members, as
well as inter-departmental sustainability efforts (i.e.; landscape water
efficiency review, C&D, zero waste)
Program Development, goals, updates, implementation
Data entry and management for statistics and annual report
Community Education on sustainability
Plan review including but not limited to residential and commercial planning
and building permit applications.
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B. Metrics Management and Reporting
Provide detailed quantitative analysis that measures how effective the Green Building program is
per the following:
Building Performance Database - Develop performance metrics information
provided by applicant at Permit Issuance and Final Inspection stage of building
permit.
SEA Report – Compile standard report for fiscal year data for Green Building for
annual SEA Report.
Earth Daye Report – Compile standard report for fiscal year data for green
building annual Earth Day Report.
C. Quality Control Maintenance
Develop process and best practices for tasks identified at various stages of the development
process. The various city departments where these best practices should be implemented include:
Planner Quality Control
Project Coordinator Quality Control
Plan Checker Quality Control
Inspector Quality Control
Utilities Quality Control
D. Develop Green Building Program Process Web Page and Handouts
Develop clearly defined paths that are user friendly that guide the applicant through the process
from start to finish. These paths will be readily accessible either through access to CITY’s
Green Building web page and/or handouts that are available for distribution from CITY’s
Development Center.
E. Ongoing Training
Continue to explore ways to help make Palo Alto a leader in environmental sustainability. This
involves a proactive approach with all relevant City Departments including but not limited to,
Planning, Building, Utilities, and Public Works. Ongoing training shall also be available to
outside stakeholders when the opportunity presents itself.
F. Policy Review and Creation
Collaborate with stakeholder groups in the review of existing and creation of new green building
policies and guidelines that forward the city’s vision to be a leader in sustainable development.
CONSULTANT is expected to draw on best in class examples and latest advances in technology
to promote this agenda. CONSULTANT shall use exceptional writing and communication skills
to craft and articulate these policies and guidelines.
G. Graphic Media Support of Program
Develop and maintain web content for the Green Building webpage within the Development
Services department webpage. Develop tutorial based videos explaining the Green Building
process including, requirements, forms, timelines, inspections, etc..
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H. Landscape Water Efficiency Plan Review (Additional Service)
Review landscape and irrigation plans in accordance with the City’s landscape water efficiency
standards to ensure that projects are consistent with the State Green Building Standards Code
(CALGreen). Serve as a source of technical expertise to City staff for questions and/or issues
relating to appropriate irrigation design and efficiencies.
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within
Quarter/Year as specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the term of the Agreement.
1. Existing Program Implementation Assistance
Development Center Counter Green Building Forms & Handouts (Q1, 2015)
Green Building Plan Check Standards (Q1, 2015)
Green Building Inspection Checklist (Q1, 2015)
Green Building Training Microsoft Powerpoints (Q1, 2015)
Staff Reports (As needed)
2. Metric Management and Reporting
Report narratives for Earth Day and SEA Report (Q4, 2014, 2015)
Annual Database Output Data, Charts, and Graphs for Earth Day Report and SEA
Report (Q4, 2014, 2015)
Database login access (Q3, 2015)
Database information for the Information Technology Department (Q3, 2015)
3. Quality Control Maintenance
Development Center Green Building Ordinance Procedures (Q4, 2014)
Correspondence with staff and the public via email (On-going)
Meeting Notes (As needed)
4. Webpage and Handout
Website content (Q4, 2014 and Q4, 2015)
Informal Videos to be stored on Vimeo (Q2, 2015 and Q2, 2016)
5. On-Going Training
Staff Training PowerPoints (One Per Quarter starting Q1,2015)
Informal Training Videos for New Staff (Using Jing or Camtasia Software) - (Q1,
2015 through Q2, 2016 - One Per Quarter)
Public Training Powerpoints (One Per Quarter starting Q1, 2015)
6. Policy Review and Creation
New green building ordinance criteria in collaboration with Technical Advisory
Group (Q4, 2014)
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Policy Development Agendas and Meeting Notes (On-going)
Technical Analysis and Staff Reports (As needed)
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EXHIBIT “C”
COMPENSATION
The 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.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$294,872.00. CONSULTANT agrees to complete all Basic Services, including
reimbursable expenses, within this amount. In the event CITY authorizes any Additional
Services, the maximum compensation shall not exceed $445,994.00. 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.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The 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, does not exceed
$294,872.00 and the total compensation for Additional Services does not exceed
$151,122.00.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $129,006.50
(Existing Program Implementation)
Task 2 $36,859.00
(Metric Management & Reporting)
Task 3 $55,288.50
(Quality Control Maintenance)
Task 4 $36,859.00
(Webpages & Handouts)
Task 5 $18,429.50
(On-Going Training)
Task 6 $18,429.50
(Policy Review & Creation)
Sub-total Basic Services $294,872.00
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Reimbursable Expenses $0.00
Total Basic Services and Reimbursable expenses $294,872.00
Additional Services (Not to Exceed) $151, 122.00
Maximum Total Compensation $445,994.00
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: None
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $0.00 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
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EXHIBIT “C-1”
HOURLY RATE SCHEDULE
Principal/Senior Program Manager
(Rates Reflect a 5% Annual Increase)
1st Year (4 months Aug – Dec 2014) $145.00
2nd Year (12 months Jan – Dec 2015) $152.25
3rd Year (8 months Jan – Aug 2016) $159.86
Scope Labor Categories Est. Hours/Mo Hourly Rate*** Extended Rate Totals
Task 1 - Existing Program Implementation
2014 Rate (4 months
Sept-Dec)
Principal/Senior PM 35 $145.00 $20,300.00
2015 Rate (12 months
Jan-Dec)
Principal/Senior PM 35 $152.25 $63,945.00
2016 Rate (8 months
Jan-Aug)
Principal/Senior PM 35 $159.86 $44,761.50
Total Not to Exceed Task 1 $129,006.50
Task 2 - Metrics Management and Reporting**
2014 Rate (4 months
Sept-Dec)
Principal/Senior PM 10 $145.00 $5,800.00
2015 Rate (12 months
Jan-Dec)
Principal/Senior PM 10 $152.25 $18,270.00
2016 Rate (8 months
Jan-Aug)
Principal/Senior PM 10 $159.86 $12,789.00
Total Not to Exceed Task 2 $36,859.00
Task 3 - Quality Control Maintenance
2014 Rate (4 months
Sept-Dec)
Principal/Senior PM 15 $145.00 $8,700.00
2015 Rate (12 months
Jan-Dec)
Principal/Senior PM 15 $152.25 $27,405.00
2016 Rate (8 months
Jan-Aug)
Principal/Senior PM 15 $159.86 $19,183.50
Total Not to Exceed Task 3 $55,288.50
Task 4 - Webpages and Handouts*
2014 Rate (4 months
Sept-Dec)
Principal/Senior PM 10 $145.00 $5,800.00
2015 Rate (12 months
Jan-Dec)
Principal/Senior PM 10 $152.25 $18,270.00
2016 Rate (8 months
Jan-Aug)
Principal/Senior PM 10 $159.86 $12,789.00
Total Not to Exceed Task 4 $36,859.00
Task 5 - On-Going Training*
2014 Rate (4 months
Sept-Dec)
Principal/Senior PM 5 $145.00 $2,900.00
2015 Rate (12 months
Jan-Dec)
Principal/Senior PM 5 $152.25 $9,135.00
2016 Rate (8 months
Jan-Aug)
Principal/Senior PM 5 $159.86 $6,394.50
Total Not to Exceed Task 5 $18,429.50
Task 6 - Policy Review and Creation
2014 Rate (4 months
Sept-Dec)
Principal/Senior PM 5 $145.00 $2,900.00
2015 Rate (12 months
Jan-Dec)
Principal/Senior PM 5 $152.25 $9,135.00
2016 Rate (8 months Principal/Senior PM 5 $159.86 $6,394.50
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Jan-Aug)
Total Not to Exceed Task 6 $18,429.50
Summary Totals
Total Not To Exceed Amount for 2 Years $294,872.00
* Indicates the projected hours would be increased to complete initial work. Number in table represents an average number of hours over 12
months.
**Workload would increase during the months of January and February to prepare for the Earth Day Report and SEA Report.
***Hourly rates are subject to a 5% increase each January
ADDITIONAL SERVICES
**Workload would increase during the months of January and February to prepare for the Earth Day Report and SEA Report.
***Hourly rates are subject to a 5% increase each January
* Indicates the projected hours would be increased to complete initial work. Number in table represents an average number of hours over 12
months.
Summary Additional Services Totals
Total Not To Exceed Amount for 2 Years $151,121.90
Scope Labor Categories Est. Hours Hourly Rate*** Extended Rate Totals
Additional Services - Landscape Review
2014 Rate (4 months Sept-Dec) Principal/Senior PM 41 $145.00 $23,780.00
2015 Rate (12 months Jan-Dec) Principal/Senior PM 41 $152.25 $74,907.00
2016 Rate (8 months Jan-Aug) Principal/Senior PM 41 $159.86 $52,434.90
Total Not to Exceed Additional Services $151,121.90
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT
INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRE
D TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND
PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
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 INSUREDS.
B. CROSS LIABILITY
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THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS 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
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT 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 CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN
(10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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CITY OF PALO ALTO OFFICE OF THE CITY CLERK
September 8, 2014
The Honorable City Council
Palo Alto, California
SECOND READING: Adoption of an Ordinance Amending Palo Alto
Municipal Code Sections 12.04.020, 12.04.030, 12.04.040 and
12.20.010, to add “General Aviation Airport” to Existing Definitions
and Permit the Adoption of Airport Fees and Charges by Resolution
(First Reading: August 11, 2014 PASSED: 9-0)
ATTACHMENTS:
Attachement A: Airport Ord 2nd reading (PDF)
Department Head: Donna Grider, City Clerk
Page 2
1
140728 sdl 00710422
Ordinance No.
Ordinance of the Council of the City of Palo Alto
Amending Sections 12.04.020, 12.04.030, and 12.04.040 of Chapter 12.04
And Section 12.20.010 of Chapter 12.20 of Title 12 of Palo Alto Municipal Code
To Add Definitions, Include the Palo Alto Airport in Definitions, and Permit
Adoption of Palo Alto Airport Fees and Charges by Resolution
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 12.04.020 of Chapter 12.04 of Title 12 of the Palo Alto Municipal
Code is amended to read, as follows:
12.04.020 Person.
The term “person” shall mean an individual, a sole proprietor, a receiver, a trustee, a
general partnership, a limited partnership, a limited liability partnership, a joint venture, a firm,
an unincorporated association, a syndicate, a club, a society, a trust, a private corporation, a
public corporation, a limited liability company, a municipal corporation, a county, a state, a
national government, a county, state or federal agency, board or commission, a joint powers
authority, a water district, a municipal utility district, a public utility district, a political
subdivision, a school district, a drainage, irrigation, level, reclamation or a water conservation
district, a mosquito abatement district, or a flood control district, whether acting for himself,
herself, or itself or in any representative capacity.”
SECTION 2. Section 12.04.030 of Chapter 12.04 of Title 12 of the Palo Alto Municipal
Code is amended to read, as follows:
12.04.030 Public works.
The term “public works” shall mean structures, utilities and appurtenances on, above or
below the ground level which shall have been or are to be installed, constructed or
reconstructed for the use or convenience of the general public or the residents of the area
served by the public works, including, but not limited to, streets, sidewalks, surface and
subsurface storm drainage facilities, sanitary sewage facilities, runways, taxiways and aprons or
other parts of a general aviation airport, gas, water, electric, broadband, fiber optics and
communications services equipment or facilities, easements, street signs and drainage grades
of private properties abutting or having any effect upon the public works.”
SECTION 3. Section 12.04.040 of Chapter 12.04 of Title 12 of the Palo Alto Municipal
Code is amended to read, as follows:
2
140728 sdl 00710422
12.04.040 Utility or utilities or public utility or public utilities.
The term “utility” or ”utilities” or “public utility” or “public utilities” shall mean and
include any water, gas, sewer, refuse, storm drain, electric, general aviation airport, broadband,
fiber optics or communication service and all persons supplying the same.”
SECTION 4. Section 12.20.010 of Chapter 12.20 of Title 12 of the Palo Alto Municipal
Code is amended to read, as follows:
12.20.010 Council to adopt rules and regulations.
The city council may by resolution adopt rules and regulations governing utility, utilities,
public utility, or public utilities services other than communications services in the city and the
fees and charges therefor. Every person supplied with utility, utilities, public utility, or public
utilities services by the city shall be considered as having expressed consent to be bound by
those rules and regulations. It is unlawful for any person to disobey or fail to observe any rule,
regulation or rule and regulation.”
SECTION 5. The Council finds that the amendments to Sections 12.04.020, 12.04.030,
and 12.04.040 of Chapter 12.04 of Title 12 and Section 12.20.010 of Chapter 12.20 of Title 12of
the Palo Alto Municipal Code do not meet the definition of a project under the California
Environmental Quality Act pursuant to California Public Resources Code Section 21065 and,
therefore, no environmental impact assessment is necessary.
//
//
//
//
3
140728 sdl 00710422
SECTION 6. This ordinance shall become effective upon the expiration of thirty (30)
days from its passage.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Assistant City Attorney City Manager
____________________________
Director of Public Works
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
September 8, 2014
The Honorable City Council
Palo Alto, California
SECOND READING: Adoption of an Ordinance Dedicating 7.7 Acres of
Land Deeded to the City by Russell Lee to Become a Part of Foothills
Park (First Reading: August 18, 2014 PASSED: 7-0 Burt, Price absent)
ATTACHMENTS:
LEE Ordinance (PDF)
Department Head: Donna Grider, City Clerk
Page 2
*****NOT YET APPROVED*****
Ordinance No. __________
Ordinance of the Council of the City of Palo Alto
Dedicating 7.7 Acres of Land Adjacent to Foothills Park
For Park, Playground, Recreation or Conservation Purposes
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 22.08.410 of Chapter 22.08 of Title 22 of the Palo Alto Municipal
Code is hereby added to read, as follows:
“22.08.410 Lee Property – Addition to Foothills Park.
That certain parcel of land known as the Lee Property (addition to Foothills Park), as
delineated and described in Exhibit A-28 and attached hereto, is hereby reserved for park,
playground, recreation or conservation purposes.”
SECTION 2. The Council finds that the adoption of this ordinance does not meet the
definition of a “project” under the California Environmental Quality Act pursuant to California
Public Resources Code Section 21065; therefore, no environmental impact assessment is
necessary.
//
//
//
//
1
140708 sdl 00710425
*****NOT YET APPROVED*****
SECTION 3. This ordinance shall become effective upon the expiration of thirty (30)
days from its passage.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Assistant City Attorney City Manager
____________________________
Director of Community Services
2
140708 sdl 00710425
*****NOT YET APPROVED*****
EXHIBIT A-28
All of that certain real property being a portion of the Rancho El Corte De Madera, situate in the
City of Palo Alto, County of Santa Clara, State of California, and being more particularly
described as follows:
BEGINNING at a ¾-inch iron pipe at the northeasterly corner of that certain tract of land
described in the deed from Russell V. Lee, et ux, to Richard Stanford Lee, et ux, dated December
30, 1956, and recorded December 3 1956 in Book 3696 of Official Records at page 382,
Records of Santa Clara County, California; thence S. 15° 24’ 19” E. along the easterly line of said
tract 1083.65 feet; thence S. 72° 08’ 48” W. 595.53 feet; thence S. 38° 48’ 32” W. 179.00 feet;
thence 48” W. 593.53 feet; thence S. 12° 01’ 23” E. 488.00 feet; thence 32° 25’ 26” W. 229.44
feet to an iron pipe marking the southwest corner of a quarry, said last-named corner being
the TRUE POINT OF BEGINNING; thence S. 68° 17’ 19” E. 1048.00 feet to an iron pipe; thence
57° 28’ W. 60 feet, more or less, to a fence post marking a corner in the northwesterly
boundary line of the lands of the City of Palo Alto known as “Foothills Park,” as said lands are
described in “Exhibit A” of the agreement between said City and Russell V. Lee and Dorothy
Womack Lee, dated December 8, 1958 and recorded December 10, 1958 in Book 4254 of
Official Records at page 695, et seq., Records of said County; thence following said boundary
line of Foothills Park S. 57° 28’ W. (called 55° 54’ W. in said “Exhibit A”) 435.35 feet; thence
leaving said park boundary, N. 32° 32’ W. 5.00 feet; thence N. 64° 09’ W. 263.50 feet; thence N.
71° 21’ W. 117.50 feet; thence N. 29° 16’ E. 246.32 feet to the TRUE POINT OF BEGINNING,
containing 7.70 acres, more or less, and being a portion of the Rancho El Corte De Madera.
3
140708 sdl 00710425
*****NOT YET APPROVED*****
EXHIBIT A-28
APPENDIX A TO CHAPTER 22.08 OF TITLE 22, PARKS
(Record of Survey of 7.7 acre site)
4
140708 sdl 00710425
City of Palo Alto (ID # 5072)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/8/2014
City of Palo Alto Page 1
Council Priority: Land Use and Transportation Planning
Summary Title: Resolution Palo Alto Airport Interim Use of County Rules and
Regulations for FY2015
Title: Adoption of a Resolution Approving and Adopting the County of Santa
Clara Airport Rules and Regulations and the County General Aviation Aircraft
License Agreement for Application on an Interim Basis at the Palo Alto
Airport
From: City Manager
Lead Department: Public Works
On August 11, 2014, the Council approved and adopted the County of Santa
Clara’s Airport Rules and Regulations and the County’s General Aviation Aircraft
License Agreement for Application on an Interim Basis at the Palo Alto Airport. At
the time of the approval and adoption of these documents, the resolution
documenting the Council’s actions was inadvertently omitted from the packet.
Hence, the Council’s approval is not deemed to have been knowingly granted, and
staff is now requesting the Council’s ratification of the adoption of the resolution
as of August 11, 2014. Therefore, staff is repacketing the entire resolution with
the attachments for the Council’s approval.
Attachments:
A - 00710437 RESO Adopting County Airport Rules and Regulations and GA Aircraft
License Agreement_G (DOCX)
Exhibit A - County Rules and Regulations_G1 (PDF)
Exhibit B - Form of License Agreement for GA Aircraft_G2 (PDF)
*****NOT YET APPROVED*****
140828sdl 00710437 Page 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING THE COUNTY OF SANTA CLARA
AIRPORT RULES AND REGULATIONS AND THE COUNTY
GENERAL AVIATION AIRCRAFT LICENSE AGREEMENT
FOR APPLICATION ON AN INTERIM BASIS AT
THE PALO ALTO AIRPORT
A. The City of Palo Alto has sought an early termination of the 1967 Lease
Agreement between the City of Palo Alto, as tenant, and the County of Santa Clara, as
ground tenant, relating to the County’s lease at the Palo Alto Airport.
B. On August 11, 2014, the Council considered and endeavored to adopt a
resolution, approving the Termination Assignment and Assumption Agreement between
the City and the County. That agreement has facilitated the transfer of all Palo Alto
Airport leases, license, permits and other documents entered into by the County to the
City, which will assume the County’s rights and obligations under those contracts and
documents pertaining to the Palo Alto Airport. The 1967 Lease Agreement was
effectively terminated as of August 11, 2014.
C. In view of the lengthy process that the City must undertake when it seeks
to adopt Palo Alto Airport-specific general aviation airport rules and regulations and a
license agreement or permit or other contract, the City’s staff will later develop and
present to the Council for its approval general aviation airport rules and regulations and
a license agreement or other contract that are expressly tailored to the sponsorship and
operation of Palo Alto Airport.
D. City staff again requests that the Council adopt this resolution relating to
the interim application of the County’s Airport Rules and Regulations and the County’s
General Aviation Aircraft License Agreement to the Palo Alto Airport. As the resolution
was omitted inadvertently from the package of document submitted to the Council for
its approval, the Council must ‘re-adopt’ the resolution by its adoption of this resolution,
approving the application of the County’s rules and regulations and license agreement.
NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE, as
follows:
SECTION 1. The City of Palo Alto adopts, and the Council hereby approves, in
the interests of administrative convenience for the remainder of FY 2015 and any
subsequent Fiscal Year, as appropriate, the County of Santa Clara’s Airport Rules and
Regulations and the General Aviation Aircraft License Agreement, attached at Exhibit A
*****NOT YET APPROVED*****
140828sdl 00710437 Page 2
and Exhibit B, which shall be made applicable to every tenant, licensee, permit holder or
other user of the Palo Alto Airport on and after August 12, 2014 until such date and time
as the City has adopted or approved City-specific Palo Alto Airport Rules and Regulations
and a license agreement or other standard form contract for tenants, licensees, permit
holders and other users of the Palo Alto Airport.
SECTION 2. The Council finds that the adoption of this resolution does not
constitute a ‘project’ under Section 21065 of the California Public Resources Code and
Sections 15378(b)(4) and 9b)(5) of the California Environmental Quality Act (CEQA) and
the CEQA Guidelines, and therefore, no environmental assessment is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ ___________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ____________________________
Senior Assistant City Attorney City Manager
APPROVED:
____________________________
Director of Public Works
Exhibit A -The County of Santa Clara Airport Rules and Regulations, in effect as of August
11, 2014.
*****NOT YET APPROVED*****
140828sdl 00710437 Page 3
Exhibit B –The County of Santa Clara General Aviation Aircraft License Agreement, in
effect as of August 11, 2014.
Approved and adopted by Santa Clara County Board of Supervisors on March 27th, 2001.
County of Santa Clara
Airport Rules and
Regulations
Approved and adopted by Santa Clara County Board of Supervisors on March 27th, 2001.
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County of Santa Clara
Eff. 3/27/01 Page 1 of 26
Table of Contents
ABBREVIATIONS AND DEFINITION 3
GENERAL 8
2.1 JURISDICTION...................................................................................................8
2.2 MANAGEMENT OF PUBLIC...................................................................................8
2.3 SEVERABILITY ..................................................................................................8
2.4 COMMERCIAL USE AUTHORIZATION REQUIRED ......................................................8
2.5 VARIANCE........................................................................................................8
2.6 WAIVER OF LIABILITY .........................................................................................8
2.7 FEES ..............................................................................................................9
2.8 ADVERTISEMENTS.............................................................................................9
2.9 CONDUCT ........................................................................................................9
2.10 SMOKING.........................................................................................................9
2.11 PRESERVATION OF PROPERTY ............................................................................9
2.12 ANIMALS (INCLUDING PETS)..............................................................................10
AERONAUTICAL OPERATIONS 11
3.1 GENERAL ......................................................................................................11
3.2 PUBLIC USE...................................................................................................11
3.3 LICENSES AND REGISTRATIONS .........................................................................11
3.4 AIRPORT CLOSURE .........................................................................................11
3.5 ACCIDENTS & DISABLED AIRCRAFT....................................................................11
3.6 ENGINE STARTING/RUN-UP...............................................................................11
3.7 LANDINGS AND TAKEOFFS ................................................................................12
3.8 TAXIING OPERATIONS ......................................................................................12
3.9 NOISE ABATEMENT..........................................................................................12
3.10 AIRCRAFT PARKING.........................................................................................12
3.11 WASHING AND MAINTENANCE OF AIRCRAFT ........................................................12
3.12 ULTRALIGHT OPERATIONS ................................................................................13
3.13 MOTORLESS AIRCRAFT OPERATIONS .................................................................13
3.14 PARACHUTE OPERATIONS ................................................................................13
3.15 HELICOPTER OPERATIONS................................................................................13
3.16 KITES, BALLOONS, MODEL AIRCRAFT AND ROCKETS ............................................13
GROUND VEHICLE OPERATIONS 14
4.1 OPERATOR REQUIREMENTS..............................................................................14
4.2 VEHICLE REQUIREMENTS .................................................................................14
4.3 VEHICLE OPERATIONS .....................................................................................14
4.4 RIGHT-OF-WAY...............................................................................................15
4.5 VEHICLE PARKING...........................................................................................15
4.6 VEHICLE REPAIRS ...........................................................................................15
4.7 VEHICLE REMOVAL .........................................................................................15
SAFETY, SECURITY, AND ENVIRONMENTAL PROTECTION 16
5.1 FIRE HAZARDS ...............................................................................................16
5.2 FIRE EQUIPMENT ............................................................................................16
5.3 AIRCRAFT FUELING OPERATIONS.......................................................................16
5.4 FUEL SPILLS ..................................................................................................17
5.5 CLEANING FLUIDS ...........................................................................................17
5.6 AIRCRAFT DOPING AND PAINTING......................................................................17
5.7 DISPOSAL OF TOXICANTS/POLLUTANTS ..............................................................18
5.8 SANITATION ...................................................................................................18
5.9 RESTRICTED AREAS........................................................................................18
Airport Rules and Regulations
Page 2 of 26 Eff. 3/27/01
5.10 AIRCRAFT SECURITY........................................................................................18
5.11 TENANT SECURITY ..........................................................................................18
AVIATION FUEL DISTRIBUTION AND PERMITS 19
6.1 APPROVED AVIATION FUELS..............................................................................19
6.2 AVIATION FUEL DISTRIBUTION RESTRICTIONS. .....................................................19
6.3 FBO RETAIL FUELING PERMIT...........................................................................19
6.4 SELF-FUELING................................................................................................19
6.5 BULK DELIVERY OF AVIATION FUELS...................................................................19
HANGAR, SHELTER AND TIE-DOWN WAITING LISTS 20
7.1 GENERAL.......................................................................................................20
7.2 APPLICATION PROCEDURES ..............................................................................20
7.3 ASSIGNMENT OF STORAGE SPACES....................................................................20
7.4 OPTIONAL REQUEST TO BE PLACED IN AN INACTIVE STATUS ON A WAITING LIST.......20
7.5 REMOVAL FROM THE WAITING LIST.....................................................................21
7.6 REMAINING ON THE WAITING LIST FOR UPGRADE OF SPACE...................................21
APPENDIX I – AIRPORT MAPS 22
APPENDIX II – SPECIALIZED AERONAUTICAL ACTIVITIES 24
APPENDIX III – SPECIAL EVENTS 25
EXHIBIT 1 - AIRCRAFT ACCIDENT/INCIDENT REPORT 26
County of Santa Clara
Eff. 3/27/01 Page 3 of 26
Abbreviations and Definition
Accident. See Aircraft Accident
Aeronautical Activity. Any activity which involves, makes possible, or is required for the operation of
aircraft, or which contributes to or is required for the safety of such operations, e.g. air taxi and charter
operations, scheduled or nonscheduled air carrier services, pilot training, aircraft rental and
sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft sales and
service, aircraft storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale or
aircraft parts, parachute activities, ultralight activities.
Aircraft (also Airplane, Balloon, Ultralight, Helicopter). Any device or contrivance now known or
hereafter invented, that is used or intended to be used for flight in the air.
Aircraft Accident. Any occurrence associated with the operation of an aircraft which takes place
between the time any person boards the aircraft with the intention of flight and all such person have
disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives
substantial damage.
Aircraft Emergency. A problem or condition involving an aircraft in flight or on the ground that could
endanger lives or property.
Aircraft Incident. See Incident.
Aircraft Maintenance. The repair, adjustment or inspection of an aircraft by a pilot, owner or
mechanic other than the routine cleaning, upkeep and servicing of an aircraft in preparation for flight.
Minor repairs are characterized as normal, routine annual inspection with attendant maintenance,
repair, calibration or adjustment or repair of aircraft and their accessories. Major repairs are
characterized as major alterations to the airframe, power plant, propeller and accessories as defined in
Part 43 of the FARs.
Aircraft Operation. An aircraft takeoff, landing, touch and go, stop and go, low approach and/or
missed approach.
Aircraft Ramp. See Apron
Aircraft Support and Service Vehicles. Those motor vehicles routinely used on the AOA for service,
maintenance and aircraft support such as maintenance trucks, fuel trucks, and aircraft towing vehicles.
Privately owned vehicles operated by persons with based aircraft are excluded.
Airplane. See Aircraft
Air Operations Area (AOA). That area of the airport used or intended to be used for landing, takeoff,
or surface maneuvering of aircraft. The AOA includes the active runways, taxiways, taxilanes, apron,
ramp and turf areas. Part of the AOA is in the restricted area.
Airport. All the areas comprising any one of the three County facilities designed and used for general
aviation purposes.
Airport Authority. The County of Santa Clara Roads & Airports Department, Airports Division,
authorized under the laws of the State of California.
Airports Director. The Director of County Airports or his/her designee. The term “Airport Director” as
herein used, shall include airport personnel duly designated to represent the Airport Director and to act
on behalf of the Airport Director for the enforcement of these regulations to ensure the efficient, proper
Airport Rules and Regulations
Page 4 of 26 Eff. 3/27/01
and safe operation of the airport, but only to the extent authorized by law or properly delegated by the
Airport Authority and/or Airport Director.
Airport Rules and Regulations (AR&R). A document adopted and formally approved by the County
Board of Supervisors within which are detailed provisions for the safe, orderly and efficient operation of
the County airports.
Apron. An area of the airport designated for aircraft surface maneuvering, parking, fueling, servicing
and enplaning/deplaning passengers.
Air Traffic Control (ATC). A service provided by the FAA to promote the safe, orderly and expeditious
flow of air traffic.
Air Traffic Control Tower (ATCT). The facility from which the FAA provides air traffic control services.
Aviation-related activity. Any activity conducted on airport property that provides service and support
to airport users. The following are examples of what are considered aviation-related activities as
opposed to aeronautical activities; they include but are not limited to ground transportation, restaurants,
auto parking lots, concessions, etc.
AVGAS. Any approved aviation grade of fuel for reciprocating engine-powered aircraft authorized by
the FAA.
AVJET. Any approved kerosene grade of fuel for turbine engine-powered aircraft authorized by the
FAA.
Balloon. See Aircraft
Based Aircraft. Any aircraft whose “home base” or “permanent residency” is identified with a specific
airport.
Commercial Operator Permit. The legal agreement between the Airport Authority and a commercial
aviation business provider that may or may not be a tenant of the Airport Authority that authorizes the
commercial aviation business to conduct business on the airport and identifies the parameters,
conditions, rates and charges due to the County Airport for that right.
DMV. State of California Department of Motor Vehicles.
Emergency Vehicles. Vehicles that are painted, marked, lighted or escorted and used by the law
enforcement (police or sheriff) or security officers, fire department, ambulance or other airport officials
to carry out their daily duties or used in response to an emergency situation.
Engine Run-up. The operation of an aircraft engine at power settings in excess of those power
settings needed for normal taxiing of the aircraft. Engine run-ups are usually conducted at relatively
high power settings in order to determine the performance of an aircraft engine.
Engine Run-up Areas. Areas designated by the Airport Director that allow high power settings of an
aircraft engine. These areas are indicated on the attached map.
FAA. Federal Aviation Administration.
FAR. Federal Aviation Regulations.
Fixed Base Operator (FBO). A commercial aviation business entity which maintains facilities on the
airport for the purpose of engaging in the retail sale of, or providing one or more of the following:
County of Santa Clara
Eff. 3/27/01 Page 5 of 26
aviation fuel(s), oil or lubricants; the sale or storage of aircraft; rental of aircraft; flight instruction and
training; aircraft charter; aircraft, airframe and power plant (engine) repair; avionics sale and service,
and/or aircraft line services. Fundamentally, an FBO is also defined as an airport-based aircraft service
organization which operates under a lease or use agreement with an airport sponsor or operator for the
specific purpose of providing aircraft retail fuel services and at least two of the four primary service
areas, i.e., (1) location based services, (2) technical services, (3) flight operations, and (4) aircraft
sales. Typically, a full service FBO would offer aircraft retail fuel service, transient aircraft services, and
two or more types aviation services.
Fuel Flowage Fee. A fee paid to the County for each gallon of fuel distributed on the airport.
Fueler or Fueler Endorsement. Shall mean a motor vehicle driver that has taken and successfully
completed the necessary training to transport, dispense or otherwise handle aviation fuel products in
accordance within all applicable federal, state and local rules and regulations, including the rules and
regulations of the County Airport, and as may be required by Airport Permit.
Fuel Handling. The storage, transportation, delivery, dispensing, fueling, de-fueling and draining of
aviation or motor vehicle fuel or waste aviation or motor vehicle fuel products.
Fuel Storage Area. Those locations on the airport designated in writing by the Airport Director as
areas in which aviation or motor vehicle fuels or any other type of fuel may be stored and used for the
delivery of bulk fuels by a wholesaler or reseller of fuels.
Fueling Agent. A business licensed and authorized to dispense fuel into aircraft storage facility or to
accept delivery of fuel from a major oil company, fuel wholesaler or reseller at the fuel tank storage
facility farm approved by the Airport Authority. At the fuel storage facility, the fueling agent will further
dispense fuel from the fuel storage tanks into a mobile fuel servicing vehicles usually associated with
an airport FBO’s facility licensed by the Airport.
Hangar. A fully enclosed storage space for one or more aircraft.
Hazardous Material. Any substance or material which has been determined to be capable of posing
risk of injury to health, safety and property, including petroleum and petroleum products, and including
all of those materials and substances designated as hazardous or toxic, presently or in the future, by
the U.S. Environmental Protection Agency, the California Water Quality Control Board, the U.S.
Department of Labor, the California Department of Industrial Relations, the California Department of
Health Services, the California Health and Welfare Agency in connection with the Safe Water and Toxic
Enforcement Act of 1986, the U.S. Department of Transportation, the U.S. Department of Agriculture,
the U.S. Consumer Product Safety Commission, the U.S. Department of Health, Education and
Welfare, the U.S. Food and Drug Administration, and any other governmental agency authorized to
regulate materials and substances in the environment.
Without limiting the foregoing, the term “Hazardous Materials” shall include all of those materials and
substances defined as “Toxic Materials” in Section 66680 through Section 66685 of Title 22 of the
California Code of Regulation, Division 4, Chapter 30, as the same may be amended from time to time.
Incident. Any occurrence other than an accident, associated with the operation of an aircraft, which
affects or could affect the safety of operations.
License. An agreement granting occupation or use of property during a certain period in exchange for
a specified rent.
MOGAS. Any approved substitute grade of fuel for an aircraft with a reciprocating engine and having
appropriate supplemental type certificate (STC) authorized by the FAA.
Airport Rules and Regulations
Page 6 of 26 Eff. 3/27/01
Movement Area. Those areas of the airport under the control of the air traffic control tower including
runways, taxiways, and helipads designated and made available for the landing, take-off, and taxiing of
aircraft and which require a clearance from the air traffic control tower prior to entering those areas.
MPH. Miles per hour.
Non-movement Area. Those areas of the airport where aircraft taxi, or are towed or pushed without
radio contact with the air traffic control tower or with other aircraft.
NOTAM. Notice to Airmen as issued by a representative of the Director, FAA, the Air Traffic Control
Tower or other authorized official.
NTSB. National Transportation Safety Board.
Park or Parking. The standing of an aircraft or vehicle whether occupied or not.
Permit. A written authorization issued by the Airport Authority to engage in certain specific activities or
the temporary use of certain areas or facilities at the airport.
Person. Shall mean an individual, firm, general or limited partnership, corporation, company, trust,
limited liability corporation trust, association, or any trustee, receiver, assignee or similar representative
thereof leasing, subleasing, making application for, or using any land or facility at the airport.
POV. Privately owned vehicle.
Ramp. See Apron
Restricted Area. Those portions of the airports closed to access by the general public.
Security Person. Any security service person under contract to the Airport Authority.
Self-Fueling. Fueling of an aircraft on airport property, performed by the aircraft owner or operator in
accordance with the airport’s reasonable standards or requirements and using fuel obtained by the
aircraft owner from the source of his/her preference.
Self-Service Fueling. Fueling of an aircraft by the pilot using fuel pumps installed for that purpose.
The fueling facility may or may not be attended by the owner/operator of such a facility. The use of this
type of facility is not considered to be Self-Fueling.
Shelter. A structure intended to provide shade for a parked aircraft but which is not a fully enclosed
storage space.
Substantial damage. Damage or failure which adversely affects the structural strength, performance,
or flight characteristics of the aircraft, and which would normally require major repair or replacement of
the affected component. Engine failure or damage limited to an engine if only one engine fails or is
damaged, bent fairings or cowling, dented skin, small punctured holes in the skin or fabric, ground
damage to rotor or propeller blades, and damage to landing gear, wheels, tires, flaps, engine
accessories, brakes, or wingtips are not considered “substantial damage” for the purpose of this part.
Taxilane . An area of the airport developed and improved for the purpose of maneuvering aircraft and
used for access between taxiways, ramps, aprons, and aircraft parking positions.
Taxiway. An area of the airport developed and improved for the purpose of maneuvering aircraft on
the ground between runways and aprons.
County of Santa Clara
Eff. 3/27/01 Page 7 of 26
Terminal. The primary facility or facilities at an airport through which pilots and passengers transition.
Transient Aircraft. Any aircraft not permanently based at the airport.
Tie-Down. An open-air aircraft storage space.
Vehicle. All motorized and non-motorized conveyances, except aircraft.
Airport Rules and Regulations
Page 8 of 26 Eff. 3/27/01
General
2.1 Jurisdiction
These Rules and Regulations apply to all users and tenants of Palo Alto Airport, Reid-Hillview
Airport and South County Airport, and all improvements thereon. Any entry upon or use of any
County airport or any part thereof whether with expressed permission or without is conditioned
upon compliance with these Rules and Regulations; entry upon a County airport by any person
shall be deemed to constitute an agreement by such person to comply with said Rules andRegulations.
2.2 Management of Public
The Airport Director has the authority to take such reasonable action as may be necessary in
the control and management of the airport, and in expeditiously dealing with the members ofthe public in that regard.
2.3 Severability
Should any paragraph or provision of these Rules and Regulations be declared by any court of
competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity
of any other rule or regulation hereunder.
2.4 Commercial Use Authorization Required
No person shall utilize any portion of the airport or any building, facility or structure thereon, for
revenue producing commercial activities or to solicit business or funds for any business or
activity except by conducting said business operations or activities under the terms specifically
authorized by a lease, sublease, permit, license or temporary permission of the Airport
Director. This section shall not apply to: 1) free lance flight instructors; or 2) mechanics
providing services to aircraft storage space licensees at the licensee’s assigned storage space;or 3) itinerant commercial aircraft operations.
2.5 Variance
Relief from the literal requirements of these rules and regulations may be granted by the
Airport Director when strict enforcement would result in practical difficulty or unnecessary
hardship. Any such relief may be subject to reasonable conditions necessary to maintain the
safety of fight operations, fulfill the intent of the rules and regulations and protect the public
interest.
2.6 Waiver of Liability
Airport lessees, tenants, and permittees, authorized to use the airport and its facilities, or to fly
to, or from the same shall be at all times conditioned upon the assumption of full responsibility
thereof. It shall be a further condition thereof that each person, as consideration of the use of
the airport and its facilities, shall at all times release, hold harmless and indemnify the County,
the Airport Director, Board and employees from and against any and all liability, responsibility,
loss or damage, resulting to any such person or caused by or on his/her behalf, and incident to
the manner in which airport is operated, constructed or maintained, or served from within or
without, or used from without. The use of the airport by any person for any purpose, or the
paying of fees thereof or the taking off or landing aircraft therein shall be itself an
acknowledgment that such person accepts such privileges on the conditions set forth.
Notwithstanding the foregoing, those airport users shall not be required to indemnify the
County for damage occasioned by the sole negligence or willful misconduct of the County or its
employees or representatives.
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Eff. 3/27/01 Page 9 of 26
2.7 Fees
Airport fees, rates and charges shall be established and may be modified from time to time by
the Board of Supervisors.
2.8 Advertisements
No person or entity shall post, distribute, or display signs, advertisements, circulars, handbills
or printed or written matter at the public areas of the County airports except as approved by the
Airports Director.
2.9 Conduct
a.No person shall commit any disorderly, obscene, indecent, or unlawful act, or commit
any nuisance on the airport.
b.No person shall possess an open container containing any alcoholic beverage nor
consume any alcoholic beverage on any portion of the airport accessible to the general
public, except by permit issued by the Director, County Airports.
c.No person shall engage in gambling or gaming activity, or aid in or abet the conduct of
gambling in any form, on the airport.
2.10 Smoking
a. No person shall smoke inside an aircraft hangar, within 50 feet of any aircraft, fuel
facility, or fuel truck, nor on an aircraft parking ramp.
b. No person shall smoke in any public building or at or the entrances to any public
buildings, or at any other location through which public movement may be anticipated,
or at any other place on the airport where the Airport Authority specifically prohibits
smoking.
2.11 Preservation of Property
a. No person shall destroy, injure, damage, deface, disturb or tamper with any building,
vehicle, sign, equipment, landscaping, fixture or any other structure or property on the
airport.
b. No person shall interfere or tamper with any aircraft or put in motion the engine of such
aircraft, or use any aircraft, aircraft parts, instruments or tools, without permission of
the owner/operator.
c. No person shall abandon any personal property on the airport.
d. Any person finding lost articles in the airport public areas shall deposit them with the
Airport Administration or Operations office.
e. Any property destroyed, injured, damaged or destroyed by the negligence or willful
conduct of any person shall be paid for in full by the person(s) responsible for such
destruction, injury or damage.
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Page 10 of 26 Eff. 3/27/01
2.12 Animals (including pets)
a.Excluding Americans with Disabilities Act (ADA) and law enforcement requirements, no
person shall enter any public airport building with any animal.
b No animals (excluding ADA requirements) are allowed within the AOA unless being
transferred or shipped or under the control of their owner by leash, harness, restraining
straps, or cage. Leashes, harnesses, and straps shall not exceed twelve (12) feet.
c. Owners are responsible for the immediate removal and disposal of all waste products.
County of Santa Clara
Eff. 3/27/01 Page 11 of 26
Aeronautical Operations
3.1 General
a. No person shall operate or maintain any aircraft at any airport except in strict
conformity with all ordinances, rules and regulations of the county and the regulations
of the Federal Aviation Administration.
b. All aircraft shall be operated in accordance with air traffic patterns established by the
County and the Federal Aviation Administration.
c. Unusual performance tests of aircraft may be conducted only upon prior permission of
the airport manager and only upon such conditions as the Director of County Airportsshall impose.
3.2 Public Use
The runways, taxiways, aprons and ramps are open to aircraft in accordance with rules and
regulations governing the operation of aircraft and the conduct of pilots as promulgated by the
appropriate agencies of the United States Government, the State of California, and the Airport
Authority.
3.3 Licenses and Registrations
Only aircraft and persons properly licensed or otherwise authorized by the FAA or U.S. lawshall operate on or at the County airports.
3.4 Airport Closure
The Airports Director shall have the authority to close a County airport or any portion of a
County airport as appropriate whenever the airport or any portion thereof is unsafe foraeronautical activity.
3.5 Accidents & Disabled Aircraft
a. Any person involved in an accident or incident on a County airport shall submit a report
to the Airports Director using the forms contained in Exhibit 1, Accident/Incident
Report. Accidents and incidents shall be reported immediately or as soon as
practicable to the Airports Director.
b. No person shall disturb, move, or remove any aircraft parts or other equipment found
on the airport as a result of an aircraft accident until release of the aircraft or parts
thereof by the NTSB or FAA and the Airports Director.
c.The pilot, aircraft owner, lessee, operator, or other person having control of any
abandoned or disabled aircraft on the airport shall be responsible for the prompt
removal of the disabled aircraft or parts thereof as directed by the Airports Director
unless required to delay such action under paragraph 3.5b. The Airport Director has
the authority to direct removal or relocation of a disabled aircraft from any location onthe airport except authorized aircraft storage spaces.
3.6 Engine Starting/Run-up
a. A competent person shall attend the engine and aircraft controls during engine start
and runup.
Airport Rules and Regulations
Page 12 of 26 Eff. 3/27/01
b. Aircraft brakes shall be applied, or the aircraft shall be appropriately secured, before
and during engine start and runup.
c. Minimum power shall be used when operating an aircraft in the vicinity of people,
buildings, and other aircraft.
d. Operational checks requiring high power settings shall be performed only in designated
areas.
3.7 Landings and Takeoffs
a. All aircraft shall land and takeoff only on designated runways unless specifically
authorized by the Airport Director.
b. All takeoffs will commence at the extreme end of the runway or area authorized for
use.
3.8 Taxiing Operations
a. Fixed-wing aircraft taxiing operations are restricted to the designated paved runways,
taxiways, aprons and ramps.
b. Aircraft shall not be taxied into or out of any hangar.
c. All aircraft are recommended to operate with navigation lights and landing lights on
during low visibility conditions.
d. No aircraft shall be taxied or engines operated at the airport where the propeller blast
or exhaust will cause injury to persons or damage property. If it is impossible to taxi in
compliance with the above, then the engine must be shut off and the aircraft towed to
its desired destination.
3.9 Noise Abatement
a.Pilots are recommended to use the Aircraft Owners and Pilots Association (AOPA)
“Fly-Quiet Procedures,” National Business Aircraft Association (NBAA), or aircraft
owner manual Noise Abatement Procedures consistent with safe flight operational
procedures.
b.All pilots are strongly encouraged to comply with Airport Noise Abatement
Procedures/Policies that may be adopted for the Santa Clara County airports.
3.10 Aircraft Parking
a.Aircraft parking shall be restricted to approved aircraft parking areas designated by the
Airports Director.
b.No aircraft shall be left unattended within airport taxilanes, marked service roads, fire
lanes, or in a manner as to interfere with the movement of aircraft or emergency
vehicles or hinder access to any building or structure.
3.11 Washing and Maintenance of Aircraft
a.Aircraft shall be washed in approved washrack areas only, unless otherwise approved
by the Airport Authority.
b.An aircraft stored at a County airport under a License Agreement with the Airport
Authority may be maintained in its assigned storage location provided that all
County of Santa Clara
Eff. 3/27/01 Page 13 of 26
maintenance activities conform to the requirements of Chapter 5 and all applicable
laws and regulations. Maintenance activity performed at open-air storage spaces (i.e.
tie-down and shelters) must not interfere with adjacent aircraft and the area must be
kept neat and orderly at all times.
3.12 Ultralight Operations
No person shall operate an ultralight aircraft at a County airport except as approved by the
Airports Director, and in compliance with requirements specified in Appendix II of these Airport
Rules and Regulations.
3.13 Motorless Aircraft Operations
No person shall operate a motorless aircraft at a County airport except as approved by the
Airports Director, and in compliance with requirements specified in Appendix II of these Airport
Rules and Regulations.
3.14 Parachute Operations
No person shall engage in parachute operations at a County airport except as required in an
emergency or as approved by the Airports Director, and in compliance with requirements
specified in Appendix II of these Airport Rules and Regulations.
3.15 Helicopter Operations
The Airport Director has the authority and responsibility to designate specific runways,
taxiways, or other suitable paved, unpaved or prepared surfaces for helicopter operational
activity.
No person shall perform practice autorotations to the airport’s paved surfaces in a helicopter
with skids.
3.16 Kites, Balloons, Model Aircraft and Rockets
No person shall operate or release any kite, balloon, model aircraft, rocket, or any other device
into the air anywhere on or over a County airport except as approved by the Airports Director,
and in compliance with requirements specified in Appendix II of these Airport Rules and
Regulations.
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Page 14 of 26 Eff. 3/27/01
Ground Vehicle Operations
4.1 Operator Requirements
a.No person shall operate motorized equipment or a vehicle of any kind on the airport
unless in possession of a valid operators license, where required.
b.The Airports Director has authority to prohibit a person from operating a vehicle on the
airport if in his/her opinion such an operation would be hazardous to persons or
property.
4.2 Vehicle Requirements
a.No person shall operate a vehicle on a County airport unless the vehicle is in sound
mechanical order, has adequate lights, horn, brakes, and clear vision from the driver’s
position.
b.All motor vehicles operated on the County airports must have liability insurance as
required by DMV or the Airport Authority.
c.Aircraft and airport support vehicles operated by FBO’s and airport aviation businesses
are encouraged to display their company name or logo on each side of the vehicle
along with an appropriately sized flashing or steady-burning yellow beacon.
4.3 Vehicle Operations
a.Motor vehicles shall be operated only in those areas of the airport as may be
authorized by the Airport Authority (shown in Appendix 1) and under the rules
established therefor.
b.Except as authorized by the Airport Authority, vehicle traffic on the aircraft ramp shall
use the designated service roadway to the extent possible.
c.Unless otherwise authorized by the Airport Authority, no person may operate a motor
vehicle above 15 MPH on any aircraft apron, ramp or taxilane.
d.No person may operate a vehicle on airport runway or taxiway areas unless prior
permission has been obtained from the Airport Authority. If the vehicle is not with an
authorized escort, they must receive clearance from and maintain two-way
communication with the ATCT (when tower is operational.)
e.No vehicle shall enter the airport movement area unless equipped with an
appropriately sized flashing or steady- burning yellow or amber beacon mounted on
the uppermost part of the vehicle such that it is conspicuous from any direction
including from the air. An orange and white checkered flag may be used in lieu of the
flashing beacon for daytime activities. The flag shall be mounted so that it is
conspicuous from any direction.
f.Each person operating a motor vehicle on the airport shall operate it so as to have it
under control at all times, weather and traffic conditions considered.
County of Santa Clara
Eff. 3/27/01 Page 15 of 26
4.4 Right-of-way
a. Pedestrians and aircraft (including aircraft under tow) shall at all times have the right-
of-way over vehicular traffic.
b. All vehicles shall pass to the rear of taxiing aircraft.
c. Any person operating a vehicle on any portion of the airport shall immediately yield the
right-of-way to a police, fire, ambulance or other emergency vehicle giving an audible
or visual signal that it is on an emergency call by stopping his/her vehicle parallel as
close as possible to the right hand edge of the road, staying clear of all intersections
and remaining until the emergency vehicle has stopped or passes, unless otherwise
directed by an airport representative.
4.5 Vehicle Parking
a. Vehicles shall be parked in designated, paved parking spaces only and in such a
manner as to comply with all posted and/or painted lines, signs, and rules.
b. Airport tenants are authorized to park two vehicles directly on their assigned aircraft
parking location while utilizing their aircraft.
c. The Airport Authority may reserve public parking lots and other areas not under lease
or permit for special event use and indicate any parking restrictions by appropriate
markings and/or signs.
d. Aircraft-refueling vehicle shall park in only those areas designated by the Airport
Authority. Fueling vehicles shall not block taxilanes.
e. FBO ramp vehicles and support equipment shall be parked within the FBO leasehold
area only.
f. No person may park or stand a motor vehicle within 10 feet of a fire hydrant.
4.6 Vehicle Repairs
No person shall wash or repair any motor vehicle on the airport except those minor repairs
necessary to remove such motor vehicle from the airport, unless authorized by the Airport
Authority.
4.7 Vehicle Removal
The Airport Authority may tow away or otherwise move any motor vehicle on the airport that is
in violation of the regulations of the airport if the Airport Authority determines that it is a
nuisance or hazard. The Airports Director may charge a reasonable amount for moving and
storage of the vehicle.
Airport Rules and Regulations
Page 16 of 26 Eff. 3/27/01
Safety, Security, and Environmental Protection
5.1 Fire Hazards
a. All operations on the airport shall be conducted in accordance with National Fire
Protection Association standards and applicable state and local fire codes.
b. The following specific activities which potentially create fire hazards are prohibited:
(1) Storing or stocking materials or equipment in such a manner as to restrict
ingress to or egress from a building, restrict access to a fire extinguisher, or
constitute a fire hazard.
(2) No person shall operate/use a propane or charcoal type barbecue inside an
aircraft hangar, within 50 feet of any aircraft, fuel facility, or fuel truck.
(3) Keeping or storing flammable liquids, gases, fuels, signal flares, or other
similar materials in the hangars or in any building on the airport except that
such materials may be kept in an aircraft in the proper receptacles installed in
the aircraft for such purpose; or as may be kept in rooms, containers orreceptacles specifically designed for storage of such materials.
(4) Excluding airport operations personnel repair of airport facilities, operating a
flame or spark-producing device on any part of the airport except in approved
areas within FBO-leased premises is prohibited, unless authorized by the
Airport Authority. No open flame/fire shall be authorized within any County
aircraft hangar, any on-airport fuel storage area, or upon any components of
the fuel distribution system, unless the work is required for the repair of such
areas or hangars. Where such repair is required, permission shall first be
obtained from the Airport Authority and shall be subject to conditions that may
be imposed by the Airport Authority.
5.2 Fire Equipment
No person shall tamper with any fire extinguisher equipment or airport fire protection systemsor use the same for any purpose other than fire fighting or fire prevention.
5.3 Aircraft Fueling Operations
a.No person may operate a fuel truck/transfer vehicle unless such person has passed an
approved training program and applicable refresher training.
b.During the fueling of an aircraft, the dispensing apparatus and the aircraft must be
bonded in accordance with local, state and federal codes and Uniform Fire CodeStandards.
c.Fuel servicing vehicles are prohibited from parking within 50 feet of a building.
d.Fuel storage areas will be properly posted with warning placards as required by the
Fire Marshal and/or Airports Director.
e.No person may fuel or defuel an aircraft on the airport while the aircraft is in a closed
hangar or enclosed space.
County of Santa Clara
Eff. 3/27/01 Page 17 of 26
f.No person may start the engine of an aircraft on the airport if there is any measurable
gasoline or other volatile flammable liquid on the ground underneath the aircraft that
may pose a hazard.
g.Each person engaged in fueling or defueling on the airport shall exercise care to
prevent the overflow of fuel, and must have readily accessible adequate fire
extinguishers.
h.Each fueling vehicle, fuel station, Self-fueling or Self-Service Fueling facility must
maintain an adequate supply of fuel absorbent material to contain a medium-size fuel
spill (25 gallons or less) as prescribed by the Airport Authority.
i.During the fueling or defueling of an aircraft on the airport, no person may, within 50
feet of that aircraft, use any material that is likely to cause a spark or be a source of
ignition.
j.Each hose, funnel, or appurtenance used in fueling or defueling an aircraft on the
airport shall be maintained in a safe, sound, and non-leaking condition and shall be
properly grounded to prevent ignition of volatile liquids.
k. Persons involved in fueling operations shall ensure:
(1) Fueling activities cease when lightning discharges occur within five miles of the
airport.
(2) The aircraft engine is not in operation.
(3) All aircraft electrical systems, to include magnetos and master switch, are in
the “off” position.
(4) The aircraft’s parking brake is set, or at least one aircraft wheel is chocked, or
the aircraft is secured to the ground by the two wing tie-down points.
5.4 Fuel Spills
a.In the event of a fire or fuel spill exceeding one-gallon, the responsible party will notify
Airport Operations immediately and ensure that the aircraft is vacated. The aircraft
shall not be re-boarded until the fuel spill has been contained and cleaned up.
b.Whenever a hazardous material spill or leak occurs, the owner or fueling agent of the
material shall take immediate steps necessary to ensure discovery, containment, and
clean-up of such release and immediately notify emergency personnel (Fire and Airport
Operations) of the occurrence.
5.5 Cleaning Fluids
No person shall use flammable volatile liquids for any purpose unless conducted in open air or
in a properly fireproofed and ventilated room equipped with an adequate and readily accessible
fire extinguisher.
5.6 Aircraft Doping and Painting
Aircraft doping and painting processes shall be conducted only in accordance with all
applicable Federal, State, and Local Laws, Rules and Regulations.
Airport Rules and Regulations
Page 18 of 26 Eff. 3/27/01
5.7 Disposal of Toxicants/Pollutants
a. No person shall dispose of any oils, fuels, solvents, chemicals, or any other toxic
substances or pollutants on a County airport except in receptacles provided for that
purpose, nor allow them to enter the surface water, sewer, or drainage system.
b. All airport users shall at all times be in full compliance with all laws and regulations of
the U. S. Environmental Protection Agency and all state and local entities’
environmental requirements.
5.8 Sanitation
a. No person shall dispose of any garbage, papers, rags, refuse, trash, or any other
material on the airport except in receptacles provided for that purpose.
b. No person shall introduce materials such as fill, building materials, etc. onto a County
airport for disposal.
5.9 Restricted Areas
a.Restricted Areas are established for safety and security reasons. The general public is
restricted from all areas of the airport posted as RESTRICTED AREAS.
b.Pilots, aircraft owners, passengers or guests going to and from aircraft, aircraft service
and maintenance personnel, FAA and public safety personnel shall be permitted into
the AOA ramp areas. Members of the general public may also be authorized by the
Airport Director to enter the AOA. Visitors shall check in with Airport Administration
prior to entering the AOA.
c.Persons observed in the AOA without authorization by the Airport Director may be
considered trespassing.
d.Airport Operations personnel, FAA, Local Police Department, County Sheriff, and other
local, state and federal law enforcement officers have the power and authority to
enforce applicable laws, ordinances, rules and regulations within the airport
boundaries.
5.10 Aircraft Security
When the condition or mission of an aircraft requires security guards or police officers, the
owner or operator of the aircraft should coordinate these requirements with the Airport Director.
The owner or operator of the aircraft is responsible for obtaining and paying such required
security service personnel.
5.11 Tenant Security
Tenants and tenant employees are responsible for safeguarding doors, gates, and other
access control devices between the AOA, airport airside and landside areas.
County of Santa Clara
Eff. 3/27/01 Page 19 of 26
Aviation Fuel Distribution and Permits
6.1 Approved Aviation Fuels.
No person shall operate an aircraft on or at a County airport except with FAA-approved fuel.
6.2 Aviation Fuel Distribution Restrictions.
The County shall provide by contract (permit or license) for the manner of distribution of
aviation fuel, (i.e., AVGAS, AVJET, or MOGAS). No person, firm or corporation shall bring,
store, use or distribute aviation fuel on the airport except as may be authorized in writing by the
County. Any person, firm or corporation so authorized shall pay the flowage fees prescribed by
County ordinance.
6.3 FBO Retail Fueling Permit
The County may license an FBO master lessee to provide retail fueling on the County Airports
within the requirements of the FAA grant assurances currently in force. Each licensed FBO
master lessee retail fueling permittee shall maintain an approved above or below ground fuel
storage tank with a minimum storage capacity of not less than 7,500 gallons.
6.4 Self-Fueling
No person may conduct self-fueling activity on the airport without securing a permit from the
Airport Authority.
6.5 Bulk Delivery of Aviation Fuels.
a. Bulk fuel delivery (including AVGAS, AVJET, and MOGAS) is the delivery of petroleum
quantities exceeding 100 gallons. Any delivery of fuel exceeding 100 gallons shall be
to an approved above or below ground fuel storage facility located on an Airport master
lessee property or to County airport fuel storage facilities, unless delivery is directly to
an aircraft’s fuel tanks.
b.Truck-to-truck delivery of aviation fuels on the County Airports is prohibited for safety
and environmental reasons unless specifically authorized by Airport Authority.
Airport Rules and Regulations
Page 20 of 26 Eff. 3/27/01
Hangar, Shelter and Tie-Down Waiting Lists
7.1 General
The Airport Authority maintains waiting lists to ensure the fair and orderly assignment of the
various categories of County-owned aircraft storage spaces (i.e., hangars, shelters, and tie-
downs) unless the supply of a particular category of space exceeds demand. The Airport
Operations Supervisor for each airport shall maintain the Master Waiting Lists for that airport
and post copies of the lists in the public area(s) of the airport.
7.2 Application Procedures
In order to be placed on a waiting list for a particular category of space, Applicant shall submit
to the Director a completed “Waiting List Sign Up Sheet” and all fees required by the County
Ordinance Code sections applicable to aircraft parking and storage waiting list charges. All
applicable fees shall be paid with cash, personal check, or money order. If the applicant
desires a specific type of space within a category (e.g. box hangar or taxi-in tie-down),
applicant shall so designate on the application, and the Director shall contact the applicant only
when the type of space desired is available for assignment to the applicant. If the applicant
does not designate a specific type of space on the application, the Director shall contact the
applicant when any type of space in the category is available for assignment
7.3 Assignment of Storage Spaces
When a space becomes available for assignment, the Airport Operations Supervisor shall
attempt to contact the first eligible Applicant on the waiting list to make arrangements to
examine the available space. In the event that the first eligible Applicant cannot be reached, a
phone message will be left if possible. If it is not possible to leave a message, the Airport
Operations Supervisor will make a minimum of three calls over a seven-day period in an effort
to contact the Applicant. If contact has not been established after seven days, the Airport
Operations Supervisor will attempt to contact the next eligible Applicant on the list. Therefore,
applicants are highly encouraged to provide Airport Operations with a current phone number.
Applicants who will not be reachable during any seven-day period are also encouraged to
provide Airport Operations with an advance decision on whether they will accept a space
offered during their absence or leave instructions with an individual who may be receiving
messages in the Applicant’s absence.
If an eligible Applicant is either unable to be contacted or declines the space offered after being
contacted, Airports staff shall notate on the Applicant’s Waiting List Sign Up Sheet the space
offered and the date declined. The Applicant’s current position on the list shall be retained
after the first and second spaces offered are declined. The Applicant shall be removed from
the waiting list if the third space offered is declined.
7.4 Optional Request To Be Placed in an Inactive Status on a Waiting List
Since available spaces must be offered to applicants in the order of the applicants’ position on
the waiting list (i.e. in sequence), significant time and effort is required to assign an available
space if the waiting list contains applicants near the top of the list who are not ready to accept
assignment. Applicants who are not ready to accept assignment of an available space but
wish to avoid being removed from the waiting list under Section 7.3 may request to be placed
in an inactive status. While in an inactive status the Applicant will not be offered any type of
available space but will retain his or her position on the list indefinitely.
County of Santa Clara
Eff. 3/27/01 Page 21 of 26
The Applicant’s request to be placed in an inactive status shall be made in writing, shall specify
the waiting list(s) for which the request is being made, shall be effective when received by
Airports Administration, and shall remain in effect until withdrawn in writing by the Applicant. In
no case shall the request be withdrawn within six months of submission. The request to be
placed in an inactive status does not affect the number of times an applicant is permitted to
decline spaces offered before being removed from the waiting list. For example, if an applicant
declines an offered space one time prior to being placed in an inactive status, the applicant is
eligible for two more offers after changing back to active status.
7.5 Removal from the Waiting List
An applicant shall be removed from the waiting list upon:
· Written request by the applicant to be removed; or
· Acceptance by the Applicant of an offered space unless the Applicant elects to
remain on the waiting list for a future upgrade of space as discussed in Section
7.6; or
· Applicant’s third decline of an offered space
Upon removal from the waiting list, the deposit less the administration fee shall be refunded or
credited towards the Applicant’s account as appropriate.
7.6 Remaining on the Waiting List for Upgrade of Space
After accepting a space and signing a License Agreement, a Licensee may retain the same
position on the waiting list for a future upgrade of space. Remaining on the list requires the
deposit amount to be retained by Airport Administration.
Licensees electing to remain on the waiting list for a future upgrade of space shall designate
the specific type of space desired. All policies and procedures contained in this Chapter for
assignment of spaces apply to Licensees remaining on the waiting list for a future upgrade of
space.
Airport Rules and Regulations
Page 22 of 26 Eff. 3/27/01
Appendix I – Airport Maps
County of Santa Clara
Eff. 3/27/01 Page 23 of 26
South County
Airport Rules and Regulations
Page 24 of 26 Eff. 3/27/01
Appendix II – Specialized Aeronautical
Activities
1. Specialized Aeronautical Activities including the following require coordination and regulation
through the office of the Airport Director:
· Ultralight Aircraft
· Hot Air Balloons
· Glider (non-powered)
· Parachute Drops
2. Because of the substantial fees charged by insurance underwriters for liability coverage of ultralight
aircraft at County Airports, routine operation of ultralight aircraft is discouraged by the Airport
Authority.
3. Operation of ultralight aircraft into the airport traffic area, landing, parking and take-off of ultralight
aircraft require prior coordination and written approval from the Airport Director.
4. The Airport Director has the authority and responsibility to approve/disapprove requests for use of
the airport facilities for hot air balloon launches, experimental aircraft tests, home-built aircraft tests
and parachute drops when the parachute landing zone is on airport property.
5. The Airport Director will coordinate these activities with the air traffic control tower manager, when
appropriate.
6. The owner/operator of such specialized aeronautical equipment may be limited by the Airport
Director to launching, testing, high speed taxi or parachute landing to/from specific sites on the
airport. Those sites may be runways, portions of runways, taxiways, clear zones or other airport
property. Specific site location may also be limited by designated time of day use.
7. Proof of liability insurance in an amount required by ordinance or approved by the County Risk
Manager is required.
County of Santa Clara
Eff. 3/27/01 Page 25 of 26
Appendix III – Special Events
Activities Regulated by Airport Management
1. Special Events including the following require an application be field with the Airport Authority 45days in advance of the requested event:
· Airport Day
· Air Shows
· Balloon Festivals
· Air Races
· War Bird Shows
· Fly-In Meets
· Parachute Team Demonstrations
2. The Airport Authority must officially approve all special events.
3. The special event sponsor may be required to obtain liability insurance for the event. The
insurance policy will identify the County and it’s officers, agents and employees as a “named
insured.”
Mandatory Compliance by the Special Event Sponsor
1. If the special event is expected to attract an attendance of 500 persons or more, the sponsor may
be required to coordinate road and highway impacts with local police, sheriff and/or highway patrol.
2. The sponsor may be required to make arrangements for auto towing, garbage pick-up and refuse
clean up.
3. The special event must be planned to accommodate the normal ingress and egress of motor
vehicles for the general aviation users of the airport, or other business activities normally
conducted at the airport.
4. Airport runways, taxiways, and/or landside “closures” must be coordinated, and approved in
advance with the Airport Director and other users of the airport.
5. A special event that involves certain maneuvers by aircraft must be coordinated with the Airport
Director and the local Flight Standards District Office (FSDO) of the FAA.
6. Failure of the sponsor to adequately perform trash and litter clean-up of the airport and repair or
compensate for damaged property as a result of the special event will be billed for extra overhead
expense and damages by the Airport Authority
7. Special events involving aerial activities that are not of a routine nature for the airport will require
the designation and approval of an “air boss” who is experienced in directing and controlling the
aerial activities planned for the event. The Airport Director must approve the person designated as
“air boss”.
Airport Rules and Regulations
Page 26 of 26 Eff. 3/27/01
Exhibit 1 - Aircraft Accident/Incident Report
County Airports – Santa Clara County
Aircraft Accident/Incident Report
Name of Reporting Party Address City Zip Phone Date
Reid-Hillview Airport Palo Alto Airport South County Airport
Explain Incident:
Date Call Received
Time Call Received
Call Received By
County Property Damaged?
Yes No
Pilot, Passenger, and Aircraft Data
Name of Pilot
Address
City
Zip
Phone
Pilots License No.
Insurance co.
Policy No.
Owners Name
Address
City
Zip
Phone
Name Of Witness: Address City Zip Phone
Name Of Witness: Address City Zip Phone
Aircraft Make:
Model:
N#
Additional Data:
Investigator:
Date Investigated:
Remarks
Report Completed By: Date Completed: Approved By:
Location of Total Aircraft Occupants:
Fatalities: Number of Injured: Injuries:
Aircraft Damage: Aircraft Home Airport:
PIC Pilot Certificate:
FAA/NTSB classified this as an:
County of Santa Clara
LICENSE AGREEMENT
FOR GENERAL
AVIATION AIRCRAFT
AT
COUNTY AIRPORTS
Approved and adopted by Santa Clara County Board of Supervisors on March 27th, 2001.
rev. 120406
Approved and adopted by Santa Clara County Board of Supervisors on March 27th, 2001.
rev. 120406
Eff. 3/27/01 Page 1 of 13
COUNTY OF SANTA CLARA
LICENSE AGREEMENT FOR GENERAL AVIATION AIRCRAFT
AT
COUNTY AIRPORTS
Whereas, General Aviation has been the purpose of the three County of Santa Clara Airports (AIRPORTS) since their inception; and Whereas, the County of Santa Clara (COUNTY) has available for use by the owners and operators of General Aviation aircraft certain tie-down, shelter, and hangar spaces at its AIRPORTS; and Whereas, pursuant to Division A13 of the County Ordinance Code and other authority vested in the Director, Roads & Airports Department (DIRECTOR) or his/her designee, DIRECTOR, on behalf of the County is authorized to enter into this License Agreement for General Aviation aircraft (LICENSE) at the AIRPORTS; Therefore, this LICENSE is made and entered into between the COUNTY by its DIRECTOR and (LICENSEE), subject to the following terms, conditions, and provisions:
SECTION 1. LICENSE
The COUNTY hereby grants to LICENSEE a revocable license to store an aircraft in a COUNTY hangar, shelter, or tie-
down space. The hangar, shelter or tie-down space assigned to LICENSEE pursuant to this License shall be referred to as the Assigned Space.
SECTION 2. TERM
This LICENSE shall commence on the Effective Date set forth in the Agreement Summary attached hereto, marked
Exhibit A and incorporated herein by this reference. The LICENSE shall continue for a period of thirty (30) days and shall automatically be renewed for successive thirty day periods, unless terminated pursuant to the provisions of this
LICENSE.
SECTION 3. IDENTIFICATION OF AIRCRAFT
A. LICENSEE shall designate on page two of the attached Agreement Summary an aircraft as the “primary aircraft” to occupy the Assigned Space. LICENSEE shall own the primary aircraft in whole or in part. COUNTY at its sole discretion may waive the ownership requirement in the case of leased aircraft. LICENSEE may change the designated primary aircraft on the attached Agreement Summary at any time. If LICENSEE ceases to be a registered owner or part owner of the designated primary aircraft and does not designate another aircraft as the primary aircraft within 30 calendar days of such change in ownership, this LICENSE may be terminated by
DIRECTOR.
B. LICENSEE shall provide DIRECTOR with the original Certificate of Registration issued by the Federal Aviation Administration (FAA) for the primary aircraft and any other aircraft occupying the hangar as may be authorized under any provision of this LICENSE. DIRECTOR shall copy the original Certificate of Registration and return it to LICENSEE. If an Application for Registration has been made to the FAA for any aforementioned aircraft but the Certificate of Registration has not yet been issued by the FAA for said aircraft, LICENSEE shall provide to
DIRECTOR, under penalty of perjury, a copy of the Application for Registration and Bill of Sale in lieu of the Certificate of Registration until such time as the New Certificate of Registration is issued by the FAA and the new
Certificate of Registration provided to DIRECTOR. LICENSEE shall be named as owner or part owner on the primary aircraft’s Certificate of Registration or Application for Registration.
COUNTY OF SANTA CLARA
Page 2 of 13 Eff. 3/27//01 rev 120406
SECTION 4. IDENTIFICATION OF LICENSEE
The term ΑLICENSEE≅ as used in this LICENSE shall mean each person jointly and severally who executes this
LICENSE. Any notice or report to, or signature of, any one or more of them, with respect to this LICENSE, shall be binding upon each and all of the persons executing this LICENSE. If more than one person executes this LICENSE,
each of them are jointly and severally liable for the performance and adherence to all of the terms, covenants, conditions and provisions contained in this LICENSE. Each person executing this LICENSE herein represents and warrants to
COUNTY that he/she has full authority to execute and deliver this LICENSE to COUNTY.
A. LICENSEE as Individual(s)
Only the individual(s) listed on the hangar, shelter or tie-down Waiting List Application may enter into this LICENSE Agreement as LICENSEE. If more than one person will be entering into a LICENSE with the
COUNTY for the same Assigned Space, all such persons must be identified together on the Waiting List Application.
B. LICENSEE as Corporation Only the corporation listed on the hangar, shelter or tie-down Waiting List Application may enter into this
LICENSE Agreement as LICENSEE. Said corporation must provide appropriate documentation that the persons entering into this LICENSE Agreement are duly authorized to do so on its behalf.
C. LICENSEE as Partnership or Joint Venture Only the partnership or joint venture listed on the hangar, shelter or tie-down Waiting List Application may
enter into this LICENSE Agreement as LICENSEE. LICENSEE shall provide a copy of the partnership agreement or joint venture agreement to the COUNTY and all partners or parties to the joint venture required to
sign contracts binding the partnership or joint venture shall sign this LICENSE Agreement. Nothing in this LICENSE Agreement shall be deemed to constitute COUNTY or AIRPORTS and LICENSEE as partners or
participants in a joint venture.
SECTION 5. ASSIGNMENTS OR TRANSFERS
A. This LICENSE is not assignable or transferable.
B. LICENSEE shall not transfer or assign any part of the Assigned Space to another party. If the Assigned Space is a hangar large enough to accommodate two or more aircraft, LICENSEE may allow storage of additional
aircraft in the portion of the hangar not intended for the primary aircraft. LICENSEE shall be responsible for compliance with all terms of this LICENSE for additional aircraft occupying the hangar.
C. LICENSEE shall not allow use of the portion of the hangar intended for the primary aircraft by other than the primary aircraft except on a temporary basis as authorized in advance of such use in writing by DIRECTOR.
For designated primary aircraft that are not completely assembled, the aforementioned Αportion of the hangar
intended for the primary aircraft” shall be construed to mean the area of the hangar that would be occupied by the primary aircraft in its completed state.
SECTION 6. INSURANCE
LICENSEE, at its sole cost and expense, for the term of this LICENSE or any renewal thereof, shall obtain and
maintain the minimum insurance coverages set forth in the General Aviation Insurance Requirements at COUNTY
Airports attached hereto as Exhibit ΑB≅ and incorporated herein by this reference. Said coverages must be in place
prior to the commencement of the Term of this LICENSE and prior to LICENSEE commencing any occupancy or activities under this LICENSE. LICENSEE shall provide to the DIRECTOR a copy of the Certificate of Insurance
for the primary aircraft and any other aircraft occupying the Assigned Space. LICENSEE shall be identified on the primary aircraft’s Certificate of Insurance.
Eff. 3/27/01 rev 120406 Page 3 of 13
SECTION 7. AUTHORIZED ACTIVITIES
LICENSEE may conduct the following authorized activities at AIRPORTS under the authority of this LICENSE:
A. Aircraft parking and storage at the Assigned Space as specifically described in the Agreement Summary (Exhibit
A).
B. Parking of LICENSEE’s and LICENSEE’s guest’s motor vehicle(s) in compliance with Airport Rules and
Regulations and security requirements.
C. Storage of aircraft support equipment directly related to LICENSEE’s aircraft in accordance with Airport Rules and
Regulations and fire safety requirements.
D. Aircraft maintenance as specified in Federal Aviation Regulations except as prohibited by the requirements set
forth in Section 8 of this LICENSE entitled ΑRestrictions and Conditions on Use of Assigned Space.”
E. Construction or assembly of aircraft owned by LICENSEE and the storage of ancillary equipment, tools and supplies.
SECTION 8. RESTRICTIONS AND CONDITIONS ON USE OF ASSIGNED SPACE
The following restrictions and conditions shall apply to the activities authorized by this LICENSE:
A. LICENSEE=S activities shall not impede parking, ingress or egress for aircraft, vehicles, or pedestrians at AIRPORTS.
B. LICENSEE shall be solely responsible for properly securing all aircraft in Assigned Space when such aircraft is not in use.
C. Upon thirty (30) days advance written notice to LICENSEE, DIRECTOR may change the designated location of the Assigned Space for the safety of any person or property or for the reasonable convenience of COUNTY.
LICENSEE shall move all aircraft in Assigned Space to the new location within thirty (30) days of receipt of written notice from DIRECTOR. In the event of an immediate threat to the public health, safety, welfare, or emergency,
requiring the removal of such aircraft, DIRECTOR may change the designated location of the Assigned Space, and shall notify LICENSEE in writing within twenty-four (24) hours of the change in location. In the event DIRECTOR
changes the location of the Assigned Space for a LICENSEE, all LICENSEES so displaced shall be given priority on COUNTY’s waiting list for comparable Assigned Space in the chronological order so displaced.
D. If the Assigned Space is a hangar, LICENSEE agrees to lock the hangar with a padlock supplied by COUNTY, or with a padlock or combination lock approved by COUNTY and provide to the DIRECTOR a spare key or
combination code as appropriate.
E. LICENSEE shall keep the Assigned Space clean and free of debris. Refuse or waste products must be removed and
deposited in containers specifically provided for that purpose.
F. LICENSEE shall promptly report to DIRECTOR any condition in the Assigned Space that may require maintenance
by COUNTY.
G. To promote proper use of the Assigned Space for the parking and storage of aircraft, any period of non-utilization of
the Assigned Space by LICENSEE for greater than one hundred and eighty (180) consecutive days shall indicate LICENSEE’s intent to vacate the Assigned Space and terminate this LICENSE. Notice of termination of this
LICENSE by COUNTY shall be given as required herein. Extensions to such 180-day time period may be approved at DIRECTOR’s discretion upon written request submitted by LICENSEE.
H. LICENSEE shall notify DIRECTOR within thirty days (30) of any change in registered ownership of the designated primary aircraft or any change of designation of the primary aircraft and shall provide written documentation
verifying such change(s).
COUNTY OF SANTA CLARA
Page 4 of 13 Eff. 3/27//01 rev 120406
I. LICENSEE shall not conduct any commercial activity at or in Assigned Space, unless such activities are pursuant to a separate written agreement with the COUNTY by its DIRECTOR. The conduct of any commercial activity from the Assigned Space such as (but not limited to) aircraft charter, rental, repair, or instructional service is prohibited. The DIRECTOR shall be the sole judge of whether or not an activity is deemed to be a prohibited commercial activity. This exclusion shall not prohibit the incidental use of the
aircraft in providing transportation in the course of LICENSEE=S business, profession or other commercial
activity.
J. LICENSEE shall not:
1. use any electrical equipment which exceeds the amperage available in the Assigned Space or modify existing wiring in any way;
2. attach any hoisting or holding mechanism to any part of the Assigned Space or pass any such mechanism over the struts or braces in such space except as approved by DIRECTOR;
3. paint, remove, deface, bend, drill, cut or otherwise modify or alter any part of the Assigned Space.
K. Storage of property or equipment not normally used or required for aircraft support and flight operations or
related aviation activities is prohibited except for storage of:
1. One boat, or one recreational vehicle, or one motorcycle or one automobile owned by the LICENSEE in
addition to the primary aircraft in a hangar.
2. A reasonable quantity of comfort items such as a table and seating.
L. Spray painting, open flame torch work, arc welding, sand blasting, and paint stripping are prohibited in the Assigned Space unless conducted in accordance with Federal, State, and Local laws, rules, and regulations.
M. Hazardous Materials Β Applicable Laws and Definition:
1. As used in this clause, the term “Hazardous Materials” means any chemical, compound, material, substance or other matter that: a) Is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials;
b) Is controlled, referred to, designated in or governed by any Hazardous Materials Laws;
c) Gives rise to any reporting, notice or publication requirements under any Hazardous Materials Laws; or
d) Is any other material or substance giving rise to any liability, responsibility or duty upon the COUNTY
or LICENSEE with respect to any third person under any Hazardous Materials Law.
e) The term “Hazardous Materials” shall also mean any substance or material which has been determined to
be capable of posing risk of injury to health, safety and property, including petroleum and petroleum products, and including all of those materials and substances designated as hazardous or toxic, presently or in the future, by the U.S. Environmental Protection Agency, the California Water Quality Control Board, the U.S. Department of Labor, the California Department of Industrial Relations, the California Department of Health Services, the California Health and Welfare Agency in connection with the Safe Water and Toxic Enforcement Act of 1986, the U.S. Department of Transportation, the U.S. Department of Agriculture, the U.S. Consumer Product Safety Commission, the U.S. Department of Health, Education and Welfare, the U.S. Food and Drug Administration, and any other governmental agency authorized to regulate materials and substances in the environment including any other applicable state or local laws or ordinances, rules, decrees, orders, regulations or court decisions.
f) Without limiting the foregoing, the term “Hazardous Materials” shall include all of those materials and substances defined as “Toxic Materials” in Section 66680 through Section 66685 of Title 22 of the California Code of Regulation, Division 4, Chapter 30, as the same may be amended from time to time.
2. LICENSEE=S Obligations: LICENSEE covenants that during the Term, or any extension thereof, or for such longer period as may be specified herein, LICENSEE shall comply with the following provisions of
this Section unless otherwise specifically approved in writing by DIRECTOR:
Eff. 3/27/01 Page 5 of 13
a) LICENSEE shall not cause or permit any Hazardous Materials to be brought, kept or used in or about the Assigned Space by LICENSEE, its agents, employees, contractors or invitees, except as required by
LICENSEE’S permitted use of the Assigned Space, as described in Section 8 herein.
b) Any handling, transportation, storage, treatment or usage by LICENSEE of Hazardous Materials that occurs on
the Assigned Space following the Effective Date shall be in compliance with all applicable Hazardous Materials Laws;
c) Any leaks, spills, release, discharge, emission or disposal of Hazardous Materials which may be caused by LICENSEE, its agents, employees, contractors or invitees, at Assigned Space following the Effective Date,
shall be promptly and thoroughly cleaned and removed from the Assigned Space and the LICENSEE at its sole expense, and any such discharge shall be promptly reported in writing to COUNTY, and to any other
appropriate governmental regulatory authorities;
d) No friable asbestos shall be constructed, placed on, deposited, stored, disposed of, or located by LICENSEE at
the Assigned Space; and
e) No underground improvements, including but not limited to treatment or storage tanks, or water, gas or oil wells
shall be located by LICENSEE at the Assigned Space without County’s prior written consent.
f) LICENSEE shall be solely and fully responsible and liable in the event LICENSEE’s Hazardous Materials
storage or usage or activities under this LICENSE causes or permits Hazardous Materials to be released at AIRPORTS or the Assigned Space. If any release of Hazardous Materials occurs at the Assigned Space or
AIRPORTS as a result of LICENSEE’s Hazardous Materials storage or usage, LICENSEE, at LICENSEE’s sole cost and expense, shall immediately remove such Hazardous Materials release in accordance with all
applicable local, state and federal laws and regulations. In addition to all other rights and remedies of COUNTY, if LICENSEE does not immediately clean up and remove any such Hazardous Materials release,
COUNTY may pay to have same cleaned up and removed and LICENSEE shall reimburse COUNTY all costs incurred by COUNTY, together with interest at the maximum rate allowed by law.
3. Indemnification by LICENSEE:
a) LICENSEE (and, if applicable, each of its general partners) and its successors, and assigns, if any, jointly and severally agree to protect, indemnify, defend (with counsel selected by COUNTY) reimburse and hold
COUNTY and its officers, employees and agents harmless from any claims, judgments, damages, penalties, fines, costs or expenses (known or unknown, contingent or otherwise), liabilities (including sums paid in
settlement of claims), personal injury (including wrongful death), property damage (real or personal) or loss,
including attorneys fees, consultants’ fees, and experts’ fees (consultants and experts to be selected by COUNTY) which arise during or after the term of this LICENSE from or in connection with the presence or
suspected presence of Hazardous Materials released or discharged by LICENSEE, its employees or agents anywhere in the Assigned Space during the Term, including the soil or groundwater on or under the Assigned
Space, unless the Hazardous Materials were present prior to commencement of the term, or are present due solely as a result of the gross negligence or willful misconduct of COUNTY, its officers, employees or agents.
Without limiting the generality of the foregoing, the indemnification provided by this clause shall specifically cover costs incurred in connection with investigation of site conditions or any cleanup, remedial, removal or
restoration work required by any Hazardous Materials Laws due to the presence of Hazardous Materials in the soil or groundwater on or under the Assigned Space, which were released or discharged by LICENSEE during
the course of LICENSEE=S alteration of improvement of the Assigned Space, unless the Hazardous Materials were present prior to commencement of the Term, or are present due solely as a result of the gross negligence or
willful misconduct of COUNTY, its officers, employees or agents.
b) The provisions of this Section 3, Indemnification by LICENSEE, shall be in addition to any and all rights,
obligations and liabilities of the parties which may exist under this LICENSE at common law. The remedies and the environmental indemnities provided for in this clause shall survive the expiration or termination of this
LICENSE and/or any transfer of all or any portion of the Assigned Space or of any interest in this LICENSE; provided, however, that, notwithstanding anything in this clause to the contrary; if LICENSEE assigns this
LICENSE with the consent of COUNTY, LICENSEE shall continue to be obligated to COUNTY under this clause with respect to any release or discharge of Hazardous Materials occurring prior to the effective date of
such assignment, but shall have no obligations to COUNTY under this clause to the extent that any such release or discharge occurs after the effective date of such assignment.
c) LICENSEE’s obligations for clean up and removal of Hazardous Materials releases attributable to LICENSEE’s storage, usage, or activities on AIRPORT, shall survive the expiration or termination of this LICENSE.
COUNTY OF SANTA CLARA
Page 6 of 13 Eff. 3/27//01 rev 120406
SECTION 9. RIGHT TO ENTER AND INSPECT
The DIRECTOR and/or the DIRECTOR=S designee shall have the authority to enter and inspect the Assigned Space in
the following manner:
A. LICENSEE herein permits COUNTY, or its authorized representatives, to enter the Assigned Space at all times
during usual business hours to inspect the same, and to perform any work thereon (a) that may be necessary to comply with any laws, ordinances, rules or regulations of any public authority, and (b) that the COUNTY may deem
necessary in connection with the expansion, reduction, remodeling, protection or renovation of any COUNTY-constructed or owned facilities at the Airport provided however except in an emergency related to injury to persons
or damage to property where entry is permitted at any time and without notice. COUNTY shall provide LICENSEE reasonable advance notice, but not less than 24-hours, of its intent to enter the premises for the purposes provided
herein. Nothing contained in this Section shall imply any duty on the part of COUNTY to do any such work which,
under any provision of this LICENSE, LICENSEE may be required to do, nor shall COUNTY=S performance or
any repairs on behalf of LICENSEE constitute a waiver of LICENSEE=S default in failing to do the same. No
exercise by COUNTY of any rights reserved to it by this Section shall entitle LICENSEE to any compensation, damages or abatement of rent or fees from COUNTY for any injury or inconvenience occasioned thereby; provided
however, any damage to LICENSEE=S Assigned Space or Hangar or other personal property occasioned by
COUNTY=S exercise of its rights under this paragraph shall be promptly repaired by COUNTY.
B. In addition to COUNTY=S right to enter pursuant to Section 9A above, LICENSEE acknowledges and accepts
COUNTY=S right and intent to conduct periodic LICENSE compliance inspections for compliance with this
LICENSE, Airport Rules and Regulations, and all applicable laws. Said inspections shall be conducted following written notice by COUNTY of its intent to conduct an inspection. Notice of such inspection shall be provided in
writing by DIRECTOR and mailed to the last known address provided to COUNTY for LICENSEE at least seven (7) days prior to such entry and inspection. Verbal notice of such inspection may be provided by DIRECTOR to
LICENSEE no less than 48-hours prior to entry and inspection. Said inspection will focus on, but not be limited to, the condition of all improvements for proper maintenance and building code compliance, compliance with laws, a
verification of aircraft locations, and a verification that the Assigned Space is not being used for any unauthorized purpose. LICENSEE agrees to cooperate with COUNTY, or its authorized representative, during the inspection
process and provide access to all areas of the Assigned Space, both interior and exterior.
C. It shall be LICENSEE=S obligation to provide COUNTY with a valid, current mailing address and telephone
number for receipt of notice herein.
SECTION 10. FEES, CHARGES AND DEPOSITS
LICENSEE shall pay, in accordance with the provisions of this LICENSE, the following fees, charges, and deposits:
A. Payment
1. LICENSEE shall pay to COUNTY the monthly fee set forth in the Schedule of Fees and Charges adopted, by the Board of Supervisors for each month or part thereof, that this LICENSE is in effect, computed as set forth in
the Schedule of Fees and Charges.
2. The monthly fee shall be due and payable, in advance, on or before the first day of each month, except that the
first month’s fee shall be tendered upon execution of this LICENSE.
3. Payments shall be made to the COUNTY of Santa Clara, Roads & Airports Department, 101 Skyport Drive,
San Jose, CA 95110, or other place as COUNTY may designate, and are due without demand and without notice, counterclaim, deduction or setoff. Payments shall be deemed delinquent (and a “delinquency” shall
have occurred) if not received by COUNTY by the tenth (10th) day of the month in which fees are due. LICENSEE acknowledges that the late payment of this fee may cause COUNTY to incur costs not
contemplated by this LICENSE. The sum specified in the Schedule of Fees and Charges shall be assessed for any fees not received by the tenth (10th) day of the month for which they are due. A processing fee shall be
assessed for any checks returned by LICENSEE’s financial institution for reason of insufficient funds. The assessment of a late fee shall be in addition to any other remedies the COUNTY may have under this LICENSE,
or at law or in equity.
Eff. 3/27/01 rev 120406 Page 7 of 13
B. Adjustment of Fees and Charges Fees and Charges for Assigned Spaces are established in a Schedule of Fees and Charges adopted by the Board of Supervisors of the COUNTY and may be revised from time to time. In addition, the Schedule of Fees and Charges shall be adjusted annually according to the Consumer Price Index (CPI). LICENSEE shall be required to pay, and LICENSEE hereby agrees to pay, the changed or revised Fees and Charges on the effective date thereof. Thirty days notice of any such change in Fees and Charges shall be provided in writing to LICENSEE by COUNTY.
C. Hangar Security Deposit In addition to, and at the time of the first fee payment, LICENSEE desiring a hangar space shall deposit with the COUNTY, a sum equal to one month’s parking fees as a security deposit against which COUNTY may deduct any delinquent fees, costs, charges (including but not limited to any late payment of fees) resulting from the use of the Assigned Space at Airports. In no event shall a security deposit be less than the monthly fee, rounded to the nearest fifty (50) cents, for the hangar space being occupied.
D. Maintenance LICENSEE shall maintain the Assigned Space in good condition. Upon expiration or termination of this LICENSE, LICENSEE shall return the Assigned Space to its original condition, less reasonable wear and tear. LICENSEE shall reimburse COUNTY for any damage done to the Assigned Space caused by LICENSEE’s occupation or tenancy other than that due to normal use. In the event LICENSEE shall leave or allow to remain on the AIRPORT any garbage or other refuse or debris, said rubbish or garbage will be caused to be removed by COUNTY and the cost of said removal shall be paid by LICENSEE. Any portion of the security deposit remaining after termination of this LICENSE shall be returned to LICENSEE without interest.
SECTION 11. COMPLIANCE WITH LAWS AND AIRPORT RULES AND REGULATIONS
A. LICENSEE shall, at LICENSEE’s sole cost and expense throughout the term of this LICENSE and any renewals thereof, abide by, and act in full compliance with this LICENSE and all present and future applicable statutes, laws,
ordinances and codes of all governmental authorities as may have jurisdiction, as well as Airport Rules and Regulations and security measures duly promulgated by COUNTY from time to time.
B. By execution of this LICENSE, LICENSEE acknowledges receipt of a current copy of the Airport Rules and Regulations, and agrees to abide by such Airport Rules and Regulations as may be modified from time to time.
COUNTY agrees to furnish LICENSEE with an updated copy of the Airport Rules and Regulations whenever modified.
COUNTY OF SANTA CLARA
Page 8 of 13 Eff. 3/27//01 rev 120406
SECTION 12. INDEMNITY
By accepting this LICENSE, LICENSEE hereby agrees to the fullest extent permitted by law, to defend, indemnify, protect, and hold harmless COUNTY, its officers, agents and employees from and against any and all claims, demands,
damages, obligations, suits, judgments, penalties, proceedings, causes of action, losses, liabilities, or costs (including but not limited to fines) at any time received, incurred, or accrued by the COUNTY, its officers, agents or employees, as
a result of, or arising out of, in whole or in part, directly or indirectly, the existence of or exercise of the rights or obligations of LICENSEE under this LICENSE, including, but not limited to, LICENSEE’s use of the Assigned Space
or AIRPORT, or the conduct of its business, or from any activity, work, or things done, permitted or suffered by LICENSEE, its agents, contractors, employees or invitees in or about the Assigned Space or elsewhere, except as may
arise from the willful misconduct or active negligence of COUNTY, its officers, agents or employees. LICENSEE hereby agrees to further indemnify and hold harmless COUNTY against and from any and all claims arising from any
breach or default in the performance of any obligation on LICENSEE’s part to be performed under the terms of this LICENSE, or arising from any act, neglect, fault or omission of LICENSEE, or of its agents, employees or invitees.
SECTION 13. WAIVER OF CLAIMS
As a material part of the consideration to be rendered to COUNTY of this LICENSE, LICENSEE hereby waives any
and all claims or causes of action against COUNTY, its officers, agents, or employees which it may now or hereafter have for damages or theft of LICENSEE’s aircraft or other property in, about, or on AIRPORT, and for injuries or death
to persons in, about, or on AIRPORT, from any cause or causes arising at any time out of the use or parking of LICENSEE’s aircraft or other property at AIRPORT, except as may arise from the active negligence or willful
misconduct of COUNTY, its officers, agents or employees, or from a known dangerous condition of public property as specified in Government Code Section 835 et seq.
SECTION 14. BAILEE DISCLAIMER
LICENSEE acknowledges and agrees that COUNTY has granted its permission for use of the Assigned Space only for
the purposes and in accordance with the provisions of this LICENSE. By entering into this LICENSE, COUNTY is not agreeing in any manner to accept obligations or responsibility for the safekeeping of the aircraft or other property of
LICENSEE or of LICENSEE’s agents, contractors, officers, employees or invitees. This LICENSE is not a contract for bailment and COUNTY in no manner whatsoever purports to be a bailee.
SECTION 15. TAXES AND ASSESSMENTS
A. LICENSEE shall pay before delinquency any and all taxes, assessments, licenses, fees and other public charges, which may be levied, assessed or imposed upon LICENSEE. Payment of any taxes, assessments, licensee, fees, or
other public charges shall not in any manner reduce the fees and charges owed by LICENSEE to COUNTY pursuant to this LICENSE.
B. LICENSEE acknowledges and agrees that this LICENSE may create a real property possessory interest that may be subject to real property or other taxation, and that LICENSEE shall be subject to, and liable for, the payment of any
taxes levied on such interest. No such possessory interest tax, or any other tax, shall reduce or constitute a substitute for the fees or charges required to be paid, as a condition of this LICENSE or as otherwise required by COUNTY.
LICENSEE agrees to pay all such taxes when due.
C. LICENSEE shall defend, protect, indemnify and hold COUNTY free and harmless from any and all liability, loss, or
damage resulting from any taxes, assessments, or other charges required by, or relating to, this LICENSE to be paid by LICENSEE, and from all interests, penalties, and other sums imposed thereon, and from any proceedings to
enforce collection of any such taxes, assessments, or other charges.
Eff. 3/27/01 Page 9 of 13
SECTION 16. LICENSEE NOT AN AGENT OF COUNTY
Neither issuance of this LICENSE, nor any acts of LICENSEE under this LICENSE, shall in any way constitute
LICENSEE as an agent, contractor, partner, or employee of COUNTY for any purpose.
SECTION 17. DEFAULT
The occurrence of any one of the following events shall constitute Default thereunder by LICENSEE:
A. Failure to timely pay any fees, charges, or deposits required to be paid to COUNTY as specified in Section 10 of
this LICENSE entitled “Fees, Charges and Deposits.”
B. Repeated late payments of any “Fees, Charges and Deposit” as specified in Section 10 herein. “Repeated late
payment” is defined herein as three (3) delinquent payments (per Section 10.A) within a twelve (12) month period.
C. Failure to maintain in full force and effect the minimum insurance coverages specified in Section 6 of this
LICENSE entitled “Insurance.”
D. Failure to maintain an ownership interest in the designated primary aircraft.
E. Failure to conform to, or the violation of, any of the material terms, conditions or provisions contained in this LICENSE.
SECTION 18. TERMINATION OF LICENSE
This LICENSE may be terminated in accordance with the following:
A. In the event of any Default by LICENSEE as set forth in Sections 17. B, C, D, or E above, in addition to any other
remedies available at law or in equity, DIRECTOR may (on behalf of COUNTY), issue a Thirty (30) Day Notice of Termination of this LICENSE. In the event of default as set forth in Section 17. A above, DIRECTOR may issue a
Three (3) Day Notice to Pay or Quit.
B. This LICENSE is revocable, and COUNTY may terminate this LICENSE as provided by law.
C. LICENSEE may, at any time upon thirty (30) days advance written notice to COUNTY, terminate this LICENSE. Upon termination LICENSEE is required to promptly remove all personal property from the Assigned Space within the time set forth in the written Notice of Termination. If LICENSEE fails to remove said personal property, the COUNTY will take necessary action to remove or dispose of the hangar, aircraft, other property which may be
located therein, at the expense of LICENSEE, as permitted by law. LICENSEE shall pay COUNTY all fees and charges owed as of the date of removal or termination, whichever is later, computed at the daily rate currently in
effect.
SECTION 19. WAIVER
No waiver of default by either party of any of the terms, conditions, and provisions of this LICENSE shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, conditions, and provisions contained herein, to
be kept and observed by the other party. The consent or approval by one party to the act of the other party shall not be deemed to waive or render unnecessary the need for consent or approval of any subsequent, similar act.
SECTION 20. CONSENT/NOTICES
A. Whenever in this LICENSE the approval or consent of a party is required, such approval or consent shall be in
advance, in writing, and shall be executed by a person having the express authority to grant such approval or consent.
B. Except as provided in Section 9 above, all written notices given in accordance with this LICENSE shall be effective when personally delivered or after five (5) working days upon deposit in the U.S. mail, certified or
registered, postage prepaid, to the address of record as set forth in the Agreement Summary or to such other address as either party shall designate in writing.
COUNTY OF SANTA CLARA
Page 10 of 13 Eff. 3/27//01 rev 120406
SECTION 21. SEVERABILITY
Any provisions of this LICENSE which shall prove to be invalid, void or illegal, shall in no way affect, impair or invalidate any other provision hereof and such other provisions shall remain in full force and effect.
SECTION 22. EXHIBITS
Any Exhibits attached to this LICENSE are incorporated herein by this reference as though fully set forth herein.
---------------------------------------------------------------------------------------------------------------------------------------------------
Witness the execution of this LICENSE as of the dates set forth below:
COUNTY: By: Title:
Date:
ACCEPTANCE The undersigned as LICENSEE hereby agrees, in consideration of this LICENSE, to perform and abide by the terms,
conditions, restrictions, and obligations of this LICENSE. Date of Acceptance:
Account Number:
Account Name:
Print Name Signature Date Title
Print Name Signature Date Title
Print Name Signature Date Title
Print Name Signature Date Title
Print Name Signature Date Title
Eff. 3/27/01 rev 120406 Page 11 of 13
EXHIBIT A
AGREEMENT SUMMARY (page 1)
LICENSEE(s) Name(s):
Account Number: Space Number:
HOME ADDRESS (Primary Address if more than one. May NOT be a PO Box or Suite)
Street Address:
City, State, Zip:
Phone 1: Phone 2:
Email 1:
Email 2:
BILLING ADDRESS (Complete only if different from Home Address)
Attention:
Street Address:
City, State, Zip:
Phone 1: Phone 2:
PERSONAL INFORMATION (For All Applicants - Attach Additional Sheets if Necessary)
Name as it appears on Drivers License:
Issuing State: DL Number: Expiration
Name as it appears on Drivers License:
Issuing State: DL Number: Expiration
Name as it appears on Drivers License:
Issuing State: DL Number: Expiration
For Airport Operations Use Only
Moved In Date: Position on Waiting List (if applicable):
Receipt #: $: Deposit Amount $:
Page 12 of 13 Eff. 3/27/01
EXHIBIT A
AGREEMENT SUMMARY (page 2)
PRIMARY AIRCRAFT INFORMATION:
N Number: Make: Model:
Color: Year: Gross Weight:
ADDITIONAL AIRCRAFT INFORMATION:
N Number: Manufacture: Model:
Color: Year: Gross Weight:
Owners Name:
Address:
City, State, Zip
Phone 1: Phone 2
Email:
Approved by County Airports Director Date
N Number: Manufacture: Model:
Color: Year: Gross Weight:
Owners Name:
Address:
City, State, Zip
Phone 1: Phone 2
Email:
Approved by County Airports Director Date
Attach Additional Sheets if Necessary
Page 13 of 13 Eff. 3/27/01
EXHIBIT B
GENERAL AVIATION INSURANCE REQUIREMENTS AT COUNTY AIRPORTS
A LICENSEE shall procure and maintain for the duration of the LICENSE, insurance against claims for injuries to persons, or damages to property, which may arise from or in connection with LICENSEE’s operation or use of the
Assigned Space or AIRPORT. The cost of such insurance shall be borne by LICENSEE.
A. MINIMUM INSURANCE COVERAGE AND LIMITS
Aircraft Liability Insurance providing coverage for bodily injury and property damage with a combined single limit of not less than $1,000,000 per occurrence, including not less than $100,000 per passenger limit.
B. DEDUCTIBLE AND SELF-INSURED RETENTION Any deductible or self-insured retention greater than $25,000 must be declared to and approved by AIRPORT
AUTHORITY and the COUNTY Insurance Manager.
C. OTHER INSURANCE PROVISIONS
The aircraft liability policy is to contain, or be endorsed to contain, the following provisions:
The COUNTY Airports and the COUNTY, their officials, employees, agents, contractors, and volunteers are
added as additional insured parties with respect to operation of the named insured at, or from, the COUNTY Airport or the Assigned Space occupied and used by the named insured pursuant to the LICENSE issued by the
COUNTY.
The named insured’s insurance coverage shall be primary insurance as respects the COUNTY, its officials,
employees, agents, contractors and volunteers for liability arising out of the named insured’s operations. Any insurance or self-insurance maintained by the COUNTY, its officials, employees, agents, contractors or
volunteers shall be excess of the named insured’s insurance and shall not contribute with it.
Coverage shall state that the LICENSEE’s insurance shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer’s liability.
This insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days’ prior written notice by mail has been given to COUNTY. Cancellation of coverage for a non-payment of premium will require thirty-(30) days written notice to the COUNTY Aviation Division. The thirty (30) day
written notice is not required if the LICENSE is terminated and the aircraft is immediately removed from the Airport, or if the aircraft is sold and immediately removed from the Airport.
D. ACCEPTABILITY OF INSURERS All insurance required by this LICENSE shall be placed with a carrier with an AM Best rating of AV or better.
E. VERIFICATION OF COVERAGE LICENSEE shall furnish AIRPORT AUTHORITY with certificates of insurance necessary to satisfy
DIRECTOR that the insurance requirements of this LICENSE have been met. Proof of or changes in insurance shall be mailed or faxed to:
County Airports Administration 2500 Cunningham Avenue
San Jose CA 95148-1001 Phone 408-929-1060
Fax 408-929-8617
F. CANCELLATION
Failure to maintain required insurance coverage shall result in termination of this LICENSE.
City of Palo Alto (ID # 5050)
City Council Staff Report
Report Type: Action Items Meeting Date: 9/8/2014
City of Palo Alto Page 1
Summary Title: Approve Contract with AIA California Council to Manage
Design Competition for the 101 Bike Bridge
Title: Approval of Contract No. C15155728 in the Not-To-Exceed Amount of
$184,790 with American Institute of Architects California Council to Manage
the Design Competition for the Pedestrian & Bicycle Overpass at Highway 101
CIP Project PE-11011
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that the City Council approve,and authorize the City Manager
or his designee to execute,Contract No.C15155728 with the American Institute
of Architects California Council (AIACC), (Attachment A) in a not-to-exceed
amount of $184,790 to manage the design competition for the Pedestrian &
Bicycle Overpass at Highway 101,CIP Project PE-11011,including $168,930 for
basic services and $15,860 for additional services.
Executive Summary
This report provides an overview of and recommends proceeding with a by-
invitation bridge design competition that could lead to a landmark and iconic
bridge representing the identity of Palo Alto. In connecting southern Palo Alto to
the Bay trail system with an overcrossing at Adobe Creek, the bridge will be
designed for pedestrians and bicyclists. Due to a lack of consensus reached
primarily on the design team qualifications and the invitation-based competition
discussed with the Architectural Review Board on August 7, staff removed this
item from the August 11 Council agenda. This report contains some
modifications to the design principles and to the earlier proposal for design firm
qualifications in consideration of suggestions from the Architectural Review Board
and the Parks and Recreation Commission in July and August.
City of Palo Alto Page 2
This is a unique opportunity to showcase the City’s commitment to innovation,
aesthetics and forward-thinking through the use of a design competition to solicit
visionary ideas for a new bridge. Below are three design principles (revisions in
bold)that will be used to help orient design competitors in the creation of
concepts:
Innovation –inspire and engage the community with a contemporary design,
incorporating creativity, originality, functionality,technology and education, that
is also identifiable as a landmark in the heart of Silicon Valley;
Versatility –achieve a balance between engineering and art, efficiency and
beauty, diversity of users and functionality,while conforming to the project’s
construction budget; and
Interconnectedness –garner respect for the Baylands environment and
ecosystem; recognize the integration with nature,connection to the bay trails
and importance of viewing nature while accommodating
walkers/bikers/commuters,enhancing the human experience and universal
accessibility.
AIACC’s role is to manage and facilitate a five-month competition process to
select a winning bridge design concept. In coordination with the City, the process
includes advertising and marketing to design firms, recruiting a jury,and ranking
of up to four design concepts by a jury with community input.
Background
Council directed staff to proceed with an invited design competition process for
the overcrossing at Adobe Creek in June 2013 (staff report #3572). Council
approved a contract amendment with Alta + Planning (Alta) in June 2014 (staff
report #4585) that included a project update, preparation of design guidelines
and studies needed to complete the environmental assessment in 2015.
Board and Commission Input
Staff received Architectural Review Board (ARB)comments during study sessions
in July and August 2014. The ARB suggested that the project emphasize
connection with the Baylands and Palo Alto’s leadership and innovative spirit in
City of Palo Alto Page 3
Silicon Valley,as reflected in the three guiding design principles provided above.
There is one aspect of staff’s recommended competition framework with which
the ARB at its July 3rd and August 7th meetings was not in full agreement. The ARB
suggested an “idea” or “open” competition as opposed to a qualifications-based
competition, while staff, with AIACC’s input proposed that design competition
teams would need to have experience designing and building two bridges in the
past ten years. Staff discussed the proposed requirements for qualifications with
the ARB in July and August, and in separate meetings with the chair of the ARB.
While an idea competition that does not require actual bridge experience of
competitors would broaden the types of concepts submitted, staff is concerned
that this type of competition could jeopardize the project schedule and budget.
Typically, submittals in an idea competition are from those with little or no design
experience. To minimize risk, staff’s recommendation is to adopt a somewhat
restrictive approach on the bridge design firm qualifications and continue with
the recommendation of a qualified-based design competition.
The ARB’s intent in suggesting an idea competition is to create more
opportunities for local talent and to provide more creative bridge ideas. By
minimizing or eliminating the design firm qualifications as much as possible, an
idea competition would broaden the potential for identifying hidden talent and
the selection of designers, students and/or artists. Soliciting an experienced
design firm would likely then be necessary as this firm would need to implement
the winning idea. The AIACC and staff have proposed a qualifications–based
competition approach to minimize the risk of time delays and cost impacts by
requesting concepts by a qualified design firm. Should a firm be selected by
Council to advance the design of a winning concept, this qualified project firm
must comply with a rigorous City and Caltrans review and permitting process,and
production of bid documents by the end of 2016. In response to the concerns
raised by the ARB, staff has worked with AIACC and modified the scope of work as
follows:
1.Adding one more design concept for a total of 4 finalists (adds an additional
$20,000 to the competition cost).
2.Requiring a design firm to include a landscape architect, architect and
engineer.
3.Reducing the design firm requirements to including either an engineer or
City of Palo Alto Page 4
architect with experience of having designed and constructed one bridge
within the last ten years,rather than two bridges in ten years.
4.Adding a cost estimator to the Technical Advisory Panel to assist in
evaluating the bridge concepts for alignment with the project budget.
5.Adding a structural engineer to the Technical Advisory Panel to evaluate
the bridge concepts for constructability.
6.Removing the previously proposed ARB meeting following the jury
deliberation,given the entire ARB is part of the panel described below.
7.Including the 5-member ARB in a public meeting with the 5-member jury to
create a 10-member panel to evaluate the four finalists. These four finalists
will present their concepts to the 10-member panel and then the public will
be allowed to comment after all four presentations are made similar to a
public hearing process. The jury will then deliberate in private and
determine the competition winners.
Staff is returning to the ARB on September 4th (after the publication of this staff
report) to present the scope modifications that are described above. If ARB
members continue to disagree with staff’s recommended approach, they may
attend the Council meeting to convey their feedback. In this case, staff will
provide an “at places” memo to Council summarizing ARB comments from this
meeting.
Staff is also pursuing an opportunity to engage Palo Alto youth in developing
bridge ideas through the City’s Youth Council, makeX:Teen Mobil Makerspace
and other stakeholders. Creation of bridge ideas on posters could be a short-term
community project. Showcasing these bridge ideas/concepts on the City’s
website and other areas within the City ahead of the competition may inspire the
community and the design firm competitors. In addition, the symbolism of a
“bridge” is inherent in the design challenge and opportunity.
Discussion
Staff recommends that the City should enter into a contract with AIACC to
manage a five-month competition process,starting this summer. The competition
will include selection of a jury with invitations sent out to qualified and reputable
Architectural/Engineering (A/E) design firms with bridge design and construction
experience. The invitation will also be posted on the City’s website and AIACC’s
so that other qualified firms not directly solicited may participate.
City of Palo Alto Page 5
AIACC has managed numerous design awards and competitions that include
international, national and local participation. Staff is also finalizing the guiding
design principles included in the executive summary for competitors to refer to in
developing concepts. The competition process steps are summarized below.
Design Competition Process Overview
AIACC’s services include, but are not limited to, establishing competition
guidelines and reviewing design criteria, inviting designers to submit proposals,
selecting a jury and technical advisory panel, and assisting with the jury’s short-
listing of four qualified design firms. This was increased to four firms in an effort
to provide more opportunity to firms and to create another bridge concept. These
firms will be given a stipend to develop conceptual designs for the bridge. The
jury’s ranking of the designs and selection of a competition winner will be
forwarded to the community and City Council.
Step 1:Develop competition work plan, design criteria, outreach and invitations
AIACC and the City will develop a work plan that includes steps to complete a five
-month design competition. Attachment B contains a revised flowchart of the
process for the bridge competition removing the previously proposed ARB
meeting after the jury’s deliberation. The first step includes developing marketing
and promotional materials, engineering and design criteria, and public outreach
materials.
The design criteria will include design goals and objectives, guiding principles, and
other factors consistent with the environmental assessment. The guidelines
(Attachment C) will include a construction budget of $8 million and a total project
budget of $10 million.
AIACC will develop invitations asking firms to submit their qualifications. This
invitation will solicit international, national and local qualified design firms to
create design concepts for a landmark bridge. AIACC will solicit a minimum of 20
A/E firms. Qualifications of competitors are revised to include an engineer or an
architect team member with experience showing completion of design and
construction of one bridge over a 10-year period. This minimum qualification
provides assurance that the design firm can develop a bridge concept into final
design and construction. Reducing qualifications of a design team member from
City of Palo Alto Page 6
completing two bridge projects to completing one bridge in ten years allows more
design teams to submit their qualifications.
Public outreach during this initial step will include advertising the competition
through AIACC, Bay Area AIA chapters and City websites, use of social media and
press releases.
Step 2: Jury and Technical Advisory Panel
The five-member jury will be comprised of local or regional architects selected by
AIACC that are recognized in the industry with reputations having the potential to
attract design firms to submit proposals. The composition of the jury will be
multi-disciplinary and multi-ethnic to create diversity in opinions and expertise.
The Technical Advisory Panel (TAP) comprised of City staff, local bridge engineers,
architects, cost estimator and local agency representatives will be selected by
staff and the AIACC to provide a third party evaluation of the design concepts.
Step 3: Jury review of proposals, request for conceptual designs
AIACC and the City will receive proposals from interested firms and will provide
these to the jury for its review and consideration. The receipt of proposals will be
managed by AIACC in coordination with the City. Based on the review of the
proposals, the jury will select four firms. AIACC will issue a stipend of $20,000 to
each selected firm to develop a total of four conceptual designs.
Step 4:Design concepts and public outreach
Four concepts will be submitted to AIACC and the City and posted on YouTube,
AIACC,and City websites. Using social media will allow for public feedback prior
to the design presentations by the firms. The TAP will provide commentary on
how the design complies with the design criteria including how the design relates
to the planning level construction costs and constructability given the site
constraints. This commentary for each design along with public comments will be
provided to the jury, board members and commissioners prior to the design firm
presentations before the joint jury/board at a public meeting.
Step 5:Jury’s selection of winning design
The design firms will present their visions and concepts in a joint jury/ARB public
meeting. Presentations to the jury and ARB members will be followed with a
question-and-answer period of the participants only. The public will be allowed
City of Palo Alto Page 7
to comment after all the presentations are made. The jury will then deliberate in
private and provide a public announcement of its ranking of the designs and the
winner of the design competition. The jury’s determination will be followed with
media, press releases and display of the bridge concepts shown at libraries and
other community locations. This will end the competition process.
Step 6: Council selection of concept
The winning design concept and design team may or may not be approved by the
Council depending on cost and/or other factors as determined during the
outreach, design review and contract negotiation process. Staff will provide the
jury’s rationale for the ranking and present this to the Council. Staff will request a
recommendation from the Council on a preferred design and possible ranking of
designs. The goal of the Council will be to select a design consistent with the site
constraints, visual context and budget with community support. Although the
preferred outcome would be for the Council to agree with the jury’s
determination of the design competition winner, Council will have the option of
selecting any of the four designers, or of deciding that the City should move
forward with a solicitation for design services independent of the design
competition results.
Step 7: Award and design of preferred concept
The preferred concept design will be developed further in accordance with the
environmental assessment conditions and other constraints as determined in this
preliminary design phase of the project. The design documents will comply with
the Santa Clara Valley Water District and Caltrans requirements and the City’s Site
and Design Review process. As a requirement of the design competition, the
design team must follow the design guidelines and the City’s professional services
agreement template should a design team be selected to advance the design of a
concept. This initiates the step to complete the design and construction
documents for the project.
Resource Impact
The budget for the competition process,including stipends to design firms to
develop bridge concepts,is $184,790 and is funded through Capital Improvement
Program project PE-11011.
Policy Implications
City of Palo Alto Page 8
Staff recommends proceeding with an invited design competition utilizing AIACC
to assist staff in managing the steps of the competition process noted below
contracting through an Exemption from Competitive Solicitation procedure. The
City has applied an exemption (PAMC 2.30.360(b)(2))that addresses situations
where soliciting would be impractical due to circumstances that would result in a
substantial economic loss to the City or result in the interference with a required
City operation.
Environmental Review
The bridge project is subject to the requirements of the California Environmental
Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Alignment
1 has been informally vetted with the regulatory agencies and the community and
will be the focus for the competition to simplify design submissions. A draft
environmental assessment is planned to be in circulation next spring and the final
Environmental Impact Report (EIR) and Environmental Assessment (EA) is
anticipated to be certified in winter 2015 comparing various alignments.
Next Steps
Following the initiation and completion of the design competition, the next step
will be Council selection of the design team that best meets the project schedule,
budget, site constraints and other goals established. Upon Council approval, the
selected A/E firm will then enter into a design services agreement with the City to
begin design of the concept starting early next year.
Tentative Project Timeline:
ARB guidance on design guidelines & guiding principles (July/August/Sept.2014)
Council to approve AIACC scope of work (September 2014)
Begin design competition/invitations to design firms (October/November 2014)
Joint jury, board and commission public meeting (December 2014)
Jury decision/end competition (December 2014)
Complete design competition process (Late 2014)
Enter into design contract (Early 2015)
Public Circulation of Draft EIR /EA (Spring 2015)
Environmental assessment and PTC review (Summer 2015)
Circulation of Final EIR/EA/Complete Public Review (End of 2015)
Completion of 35% preliminary design, estimates and environmental
assessment (End of 2015)
City of Palo Alto Page 9
Completion of 100% design and construction bid documents (Fall 2016)
Begin Construction (Early 2017)
Complete Construction (Summer 2018)
Attachments:
·A -C15155728_AIACC Professional Services Contract_finalRev1 (PDF)
·B -AIACA Flowchart (PDF)
·C -Palo Alto POC Draft Design Guidelines V13 compressed revE (DOC)
CITY OF PALO ALTO CONTRACT NO. C15155728
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE AMERICAN
INSTITUTE OF ARCHITECTS, CALIFORNIA COUNCIL (AIACC) FOR
PROFESSIONAL SERVICES
This Agreement is entered into on this 9th day of September, 2014,
(“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and The American Institute of Architects, California
Council (AIACC), a not for profit organization, located at 1303 J Street, Suite 200,
Sacramento, CA 95841 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to build a bicycle and pedestrian bridge over Highway 101 (“Project”) and
desires to engage a consultant to assist and manage the design competition in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the
Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit “A”, attached to and made a part of this
Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on- call agreements.)
Services will be authorized by the City, 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 total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set
forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work
performed under an authorized Task Order and the City may elect, but is not required, to
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authorize work up to the maximum compensation amount set forth in Section 4.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit “B” unless
terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. 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”, attached to and
made a part of this Agreement. Any Services for which times for performance are not specified
in this 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.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A”, including both
payment for professional services and reimbursable expenses, shall not exceed One Hundred
Sixty Eight Thousand Nine Hundred Thirty Dollars ($168,930). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed One Hundred Eighty-Four Thousand Seven Hundred and Ninety Dollars ($184,790). The
applicable rates and schedule of payment are set out in Exhibit “C”, entitled “BUDGET
SCHEDULE,” which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C-1”. 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 in Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (set forth in
Exhibit “C”). The information in CONSULTANT’s payment requests shall be subject to
verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience
to perform the Services assigned to them. CONSULTANT represents that it, its employees and
subconsultants, if permitted, have and shall maintain during the term of this Agreement all
licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services.
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All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any
and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY’s stated construction budget, CONSULTANT shall make recommendations
to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to
CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person employed by or
contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act
as and be an independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not
assign or transfer any interest in this Agreement nor the performance of any of
CONSULTANT’s obligations hereunder without the prior written consent of the city manager.
Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager
or designee.
Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are:
- Project Manager - Margie O’Driscoll
- Website designer (TBD)
- Architects to serve on the jury (TBD)
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- Professionals to serve on the Technical Advisory Committee (TAP) (TBD)
- A/E teams (competition finalists - TBD)
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval
of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Nicki Dennis
Stephens as the AIACC Senior Director to have supervisory responsibility for the performance,
progress, and execution of the Services and represent CONSULTANT during the day-to-day
work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project
director and the assignment of any key new or replacement personnel will be subject to the prior
written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall
promptly remove personnel who CITY finds do not perform the Services in an acceptable
manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property.
The City’s project manager is Elizabeth Ames, Public Works Department, Engineering Division,
250 Hamilton Ave., Palo Alto, CA 94303, Telephone: 650-329-2502. The project manager
will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work. CITY will indemnify and hold CONSULTANT harmless
from future use or misuse of work product.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section
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: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT
shall indemnify and hold CITY harmless from and against damages, liabilities, losses, costs and expenses, including the reimbursement of reasonable attorneys' fees, on account of damages to
property or persons, including injuries or death, to the extent caused by CONSULTANT's
negligent acts, errors or omissions arising out of or in connection with CONSULTANT's
services under this Agreement. CONSULTANT shall not have a duty to provide CITY with an upfront defense against unproven allegations or claims arising out of the subject matter of this or
any other indemnification clause.
[Option B applies to any consultant who does not qualify as a design professional as
defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, but not defend and hold harmless CITY, its Council
members, officers, employees and agents (each an “Indemnified Party”) from and against any
and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, reasonable experts fees, court costs and disbursements (“Claims to the extent
determined to have been caused by court of competent jurisdiction for any negligent or willful
and wrongful performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed
to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the
negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall
survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance
or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term,
covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT shall obtain and maintain, in full force and effect during
the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its subconsultants if any, shall obtain a policy endorsement naming CITY as an additional
insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all subconsultants
of CONSULTANT retained to perform Services under this Agreement will obtain and maintain,
in full force and effect during the term of this Agreement, identical insurance coverage, naming
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CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the
approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is
primary coverage and will not be canceled, or materially reduced in coverage or limits, by the
insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of
the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the
Purchasing Manager written notice of the cancellation or modification within two (2) business
days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are provided to CITY’s Purchasing
Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement,
including such damage, injury, or loss arising after the Agreement is terminated or the term has
expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior
written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will
immediately discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its
performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but
only in the event of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
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14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250 Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant”
as that term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure
documents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT 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. CONSULTANT 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 agrees to meet all
requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
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SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. As related to this agreement, CONSULTANT shall comply with
the City’s Environmentally Preferred Purchasing policies which are available at the City’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements
of the City’s Zero Waste Program. Zero Waste best practices include first minimizing and
reducing waste; second, reusing waste and third, recycling or composting waste. In particular,
Consultant shall comply with the following zero waste requirements:
•All printed materials provided by Consultant to City generated from a personalcomputer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 30% or greater post-consumer content paper, unless otherwise
approved by the City’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-
consumer material and printed with vegetable based inks.
•Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
•Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation
from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. 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 funds are not appropriated for the
following fiscal year, 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 Agreement 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 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
25.3. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.4. The covenants, terms, conditions and provisions of this Agreement will
apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties.
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25.5. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect.
25.6. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in
any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement.
25.7 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for
direct marketing purposes without City’s express written consent.
25.8 All unchecked boxes do not apply to this agreement.
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25.9 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.
25.10 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
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
APPROVED AS TO FORM:
Senior Asst. City Attorney
CONSULTANT
AIA California Council
Name:
Title:
Attachments:
EXHIBIT “A”: SCOPE OF WORK EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES
EXHIBIT “D”: INSURANCE REQUIREMENT
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EVP
Paul W. Welch, Jr.
EXHIBIT A
SCOPE OF SERVICES
DESCRIPTION OF PROJECT
The City of Palo Alto (City), in cooperation with the California Department of Transportation
(Caltrans) District 4, is actively planning to construct a bicycle and pedestrian overcrossing
(POC) of U.S. Highway 101, in the City of Palo Alto. The proposed project (“the Project”) is
located between the Oregon Expressway and San Antonio Road overpasses of Highway 101, in
close proximity to Adobe Creek, and will replace the existing seasonal Benjamin Lefkowitz
underpass. The City is expecting the design competition will provide a wider range of bridge
options that could lead to design and construction of a “landmark” bridge for Palo Alto. The
Consultant, American Institute of Architects California Council (AIACC), shall conduct an
invited design competition, marketing design teams at the local, national and international level.
Development of a unique bridge design shall meet or exceed all applicable policies and
standards, and adhere to the identified project environmental footprint, in order to facilitate a
smooth approval and permitting process should the City agree to enter into a design contract with
one of the chosen design teams.
OBJECTIVE
AIACC shall conduct an invited design competition on behalf of the City for the design of a new
pedestrian/bicycle bridge. AIACC shall develop a competition work plan, marketing and
promotion materials and website advertising the project with all bay area AIA chapters. AIACC
shall invite a minimum of 20 Architectural/Engineering (A/E) design teams to provide proposals
for the project. The Consultant shall post all qualified proposals to the AIACC, local AIA
chapters and the City website. Public comments received from these websites shall be made
available to the jury and the City.
AIACC shall work with the City to identify and recruit jurors and the Technical Advisory Panel
(TAP). The jury shall review all qualified proposals and narrow down the list to four design
teams. AIACC shall provide a $20,000 stipend to each of the four selected A/E design teams on
behalf of the City to develop design concepts. The TAP shall review the four concepts and
provide commentary for each proposal. The City shall host a public meeting to review four
concepts through presentations by the four finalists. The jury shall rank the four design concepts
after the meeting and provide their analysis and rationale for these rankings. The City’s 2010
planning cost estimate for design and construction is $10M. The competition process shall yield
four concepts that meet the project vision, guidelines, and estimates. Consultant shall establish a
work plan to complete the process in approximately four months.
Consultant shall:
•Provide technical and administrative expertise to manage an invited design
competition
•Work with City staff to develop design criteria addressing qualifications, budget,
program, site constraints, design type and vision
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•Recommend and recruit potential jurists
•Issue invitations to a minimum select group of twenty A/E design teams, recognized
as having the necessary experience to purse this type of project
•Outreach to local architectural and engineering design teams to participate in the
competition process
•Conduct jury meetings to review proposals from all qualified design teams and
develop a short list up to four design teams which will create more detailed design
concepts for further consideration by the jury
• Work with City to provide opportunities for public comment
•Recruit a technical advisory panel consisting of City and local agency staff, local
architects and engineers (Structural Engineer is preferred) and cost estimators with
specific experience to provide commentary on the viability, cost and constructability
of the four concepts and issue recommendations to the jury
•Provide a commentary and planning estimate to reaffirm the four concepts are
buildable within the project budget
•Provide the City Council with final jury recommendations
•Develop and distribute media release
Consultant scope of services shall consist of the following tasks:
Task 1 – Project Initiation and Competition Development
The Consultant shall work with City staff to:
•Develop and organize a competition work plan
•Work with City staff to develop design guidelines and design teams qualifications
•Identify a minimum of 20 (A/E) design teams to invite to competition
•Collect proposals from other design teams not invited but that may be qualified
•Provide a competition brief to the Project Manager
•Attend one City Council meeting to outline competition process
Task 2 – Marketing and Promotion
The Consultant shall work with City staff to:
•Develop public outreach, media and marketing plan
•Design invitation and website graphics
•Draft text for AIACC, all bay area AIA chapters, and City websites
•Create webpage on aiacc.org and post information on website including submittal
criteria
•Attend one meeting with City staff to present the marketing plan and promotion
Task 3 – Invitations to Architectural/Engineering Firms
The Consultant shall:
•Develop list of deisgn teams
•Coordinate printing and mailing invitations
DocuSign Envelope ID: C61E2641-FDE8-4161-A279-814E47B9A089
•Solicit design teams to submit qualifications
•Answering any questions from potential design teams
•Provide updates to the Project Manager
Task 4 – Selection of Jurors and Technical Advisory Panel (TAP)
The Consultant shall:
•Work with City to identify and recruit jurors and panelists
•Provide project materials and answering questions to prospect jurors and panelists
•Provide a honorarium for jury and TAP
Task 5 – Submittal Development
The Consultant shall:
•Accept statements of interest by design teams
•Notify teams to submit proposals
•Work with design teams to finalize projects
•Review proposals
•Convene jurors and panelists to review design teams submittals and select four
finalists
• Contract with design teams to develop concepts and provide stipends
•Provide updates to the Project Manager
Task 6 – Design Concepts Review and Select
The Consultant shall:
•Gather design concepts for City website
•Post design concepts on AIACC websites
•Attend one community meeting to present design concepts and gather input from the
community
•Coordinate with TAP to provide commentary for each of the four finalists
•Convene a public meeting with the jury and the City’s Architectural Review Board
for presentations by four finalists
•Convene a private meeting with Jury to deliberate and formulate recommendations to
the City Council
•Present jury findings and ranking of finalists to City Council
• Develop press release
•Distribute press release to the City and other media
•Prepare final report to the City
Reimbursable
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, and other ordinary business expenses are included within the
scope of payment for services and are not reimbursable expenses. City shall reimburse
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Consultant for the following reimbursable expenses at cost. Expenses for which Consultant shall
be reimbursed are:
•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
•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
•Jury and Technical Advisory Panel meeting expenses, including meals, refreshments,
travel and lodging
•Printing and distribution of competition invitations
•Any expense anticipated to be more than $500 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 Project Manager. 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.
Project Timeline
Consultant shall establish a work plan to complete the process in approximately four months
from the date of the Notice of Proceed is issued.
Information Provided by the City
The Public Works Department, Engineering Division has the following reference documents
available upon request:
1)Vicinity map
2)Bridge Alignment and Adobe Creek Reach Trail 15% design
3)Draft Design Guidelines
4)Baylands Master Plan
5)Palo Alto Comprehensive Plan
6)Soil reports in the vicinity
7)Utility information
8)Draft Value Engineering report
9)Planning level estimates
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EXHIBIT B
PROJECT SCHEDULE
No.Task Name Duration Start Finish
1 Project Initiation and Competition Development 7 days Mon 9/8/14 Tue 9/16/142 Council Approves AIACC Contract/Outline competition process 0 days Mon 9/8/14 Mon 9/8/143 City issues Notice to Proceed 1 day Mon 9/8/14 Mon 9/8/144 Develop and organize a competition work plan 6 days Tue 9/9/14 Tue 9/16/145 Develop design criteria and firm qualifications 6 days Tue 9/9/14 Tue 9/16/14
6 Marketing and Promotion 14 days Tue 9/9/14 Fri 9/26/14
7 Develop materials, graphics and website 11 days Tue 9/9/14 Tue 9/23/148 Meeting with City staff to present materials 0 days Tue 9/23/14 Tue 9/23/149 City staff provides comments 2 days Wed 9/24/14 Thu 9/25/1410 AIACC revise materials 1 day Fri 9/26/14 Fri 9/26/14
11 Invitations to Architectural/Engineering Firms 9 days Wed 9/17/14 Mon 9/29/1412 Develop list of firms 4 days Wed 9/17/14 Mon 9/22/1413 Solicits firms to submit qualifications 5 days Tue 9/23/14 Mon 9/29/14
14 Selection of Jurors and Technical Advisory Panel (TAP)15 days Tue 9/9/14 Mon 9/29/1415 Identify prospects Jurors and TAP 5 days Tue 9/9/14 Mon 9/15/1416 Recruit Jurors and TAP 10 days Tue 9/16/14 Mon 9/29/14
17 Submittal Development 20 days Tue 9/30/14 Mon 10/27/1418 Accepts statement of interest from design teams 1 day Tue 9/30/14 Tue 9/30/14
19 Proposals due 20 days Tue 9/30/14 Mon 10/27/14
20 Jurors review and select four proposals 1 day Tue 10/28/14 Tue 10/28/14
21 Contract design firms to develop concepts 5 days Wed 10/29/14 Tue 11/4/14
22 Design firms develop concepts 23 days Wed 11/5/14 Fri 12/5/14
23 TAP meets to review concepts 1 day Mon 12/8/14 Mon 12/8/14
24 Prepare press release 5 days Mon 12/1/14 Fri 12/5/14
25 Distribute press release to media 1 day Mon 12/8/14 Mon 12/8/14
26 Post Design concepts on websites and newspaper 5 days Mon 12/8/14 Fri 12/12/14
27 Road show starts 5 days Mon 12/8/14 Fri 12/12/14
28 Jury interviews and ranks design concepts 1 day Mon 12/15/14 Mon 12/15/14
29 Prepare press release 5 days Mon 12/8/14 Fri 12/12/14
30 Distribute press release to media 1 day Mon 12/15/14 Mon 12/15/14
31 City Council meeting to present findings and rankings 1 day Mon 1/5/15 Mon 1/5/15
32 Prepare press release 6 days Mon 12/29/14 Mon 1/5/15
33 Distribute press release to media 0 days Mon 1/5/15 Mon 1/5/15
8/28/2014 1of1
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EXHIBIT C
COMPENSATION
Task Name Budget
Task 1 - Project Initiation and Competition Development 10,800 Develop and organize a competition work plan Develop design criteria and firm qualifications City Council meeting to outline competition process
Task 2 - Marketing and Promotion 0 Develop public outreach, media and marketing plan Design invitation and website graphics Draft text for AIACC, AIASCV, and City Website Create webpage on aiacc.org and post info on website including submittal Meeting with City staff to present materialsTask 3 - Invitations to Architectural/Engineering Firms 5,600 Develop list of firms Coordinate printing and mailing invitations Solicits firms to submit qualifications Answering any questions from potential design teams
Task 4 - Selection of Jurors and Technical Advisory Panel (TAP)1,600 Identify prospects Jurors and TAP Recruit Jurors and TAPTask 5 - Submittal Development 89,950 Notify teams to submit proposals Work with design teams to finalize projects Review proposals Convene jurors and panelists to review design teams submittals Interview and select design firms Contract with design firms to develop concepts
Task 6 - Design Concepts Review and Select 25,150 Gather and Post Design concepts on websites Community meeting to present Design Concepts Joint Jury, TAP and ARB meeting (1st or 3rd Thur) Private Jury and TAP meeting to select winner City Council meeting to present findings and rankings Prepare press release Distribute press release to mediaPublic Outreach (finalists)
Task 7 - Project Management 25,500
Sub-Total 158,600
Contingency (10%)15,860
Reimbursable 10,330
TOTAL 184,790
Reimbursable Expenses
Printing & mailing of invitation 380
Jury & TAP meetings - food and refreshments 2,750
Staff, Jury & TAP travel 7,200
TOTAL 10,330
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EXHIBIT C-1
AIACC
FEE SCHEDULE
The following is our professional hourly rate schedule which is used as a basis
for establishing compensation:
Project Manager $288.00
Contract Administrator 288.00
Website Manager 123.00
Clerical Assistant 99.00
Consultants 110% of actual cost
Travel time is reimbursable at the above rates. Other reimbursable costs shall be
billed at 100% actual cost and include travel, lodging, mileage, meeting
refreshments, printing, postage, shipping, and conference calls. Mileage will be
reimbursed at the IRS standard mileage rate.
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Professional Services
Rev Feb. 2014 18
EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT
INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY
YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON - EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000
$1,000,000 $1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000 $1,000,000
$1,000,000
$1,000,000
YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II.CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III.ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONALINSUREDS”
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 INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS 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.
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Professional Services
Rev Feb. 2014 19
C. NOTICE OF CANCELLATION
1.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALLPROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THEEFFECTIVE 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 ATEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 1
PALO ALTO HIGHWAY 101 BICYCLE AND
PEDESTRIAN OVERCROSSING AT ADOBE
CREEK DESIGN GUIDELINES
(DRAFT AUGUST 2014)
City of Palo Alto –Draft Design Guidelines
Page 2
Contents
Glossary of Acronyms ..................................................................................................................................3
Executive Summary ......................................................................................................................................5
Project Introduction and Background ...........................................................................................................6
Project Description................................................................................................................................6
Project Purpose and Need .....................................................................................................................8
Project Context & Setting .....................................................................................................................9
Project Status.......................................................................................................................................12
Design Guidelines.......................................................................................................................................20
Design Goals.......................................................................................................................................20
Conceptual Design Program -Overview ............................................................................................21
Conceptual Design Program –Visual Tour .........................................................................................23
Design Criteria & Considerations .......................................................................................................32
Design Criteria Checklist ....................................................................................................................42
References...................................................................................................................................................44
Appendices..................................................................................................................................................44
List of Figures
Figure 1. Project Area Overview ..................................................................................................................8
Figure 2. Flood Basin and Historic Creek/Tideline Map (source unknown)..............................................11
Figure 3. 1948 Aerial Photograph of Project Area (from Google Earth)....................................................12
Figure 4. Project Alignment Alternatives for Environmental Review........................................................15
Figure 5. Project Boundary Map.................................................................................................................16
Figure 6 Project Schedule ...........................................................................................................................18
Figure 7. Conceptual Design Program Overview Graphic .........................................................................21
Figure 8. Birds eye perspective looking north/west toward bridge ramp over Adobe/Barron Creeks.......24
Figure 9. Birds eye perspective looking north/east toward bridge ramp over Adobe/Barron Creeks.........24
Figure 10. Photosimulation of West Bayshore roadway improvements, looking south toward overcrossing
.....................................................................................................................................................................26
Figure 11. Photosimulation of bridge at 3600 West Bayshore Road with secondary stairway access and
sidewalk improvements...............................................................................................................................27
Figure 12. Bird’s eye view of bridge main deck, looking ‘south’ along Highway 101..............................28
Figure 13. There is the opportunity, as illustrated in the visual simulation, to provide a creek viewing and
interpretive area in conjunction with the north/east ramp...........................................................................30
Figure 14, Birds eye view of north/east ramp at the Palo Alto Baylands and Adobe Creek, with conceptual
site program opportunities highlighted .......................................................................................................31
Figure 15: Proposed Cross Section, Adobe Creek Reach Trail ..................................................................32
Figure 16: Proposed Temporary Highway 101 Cross Section-Construction Stage 1 ................................40
Figure 17: Proposed Temporary Highway 101 Cross Section-Construction Stage 2 ................................40
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 3
Glossary of Acronyms
AASHTO –American Association of State Highway Transportation Officials. The AASHTO Bicycle Facility
Design Guide (4th Edition) is a key reference source for the design of pedestrian and bicycle overcrossings,
particularly with respect to curve radii and minimum design speeds.
AIA –American Institute of Architects.
ARB –City of Palo Alto Architectural Review Board. The Project is subject to local design review and approval
by this body, in addition to review and approval by Caltrans.
HPSR –Historic Properties Survey Report. These technical studies were performed as part of the NEPA
environmental review process and are included in this document as Appendix E.
CAMUTCD –California Manual on Uniform Traffic Control Devices.
CDFW –California Department of Fish and Wildlife.
CEQA –California Environmental Quality Act. The Project is subject to CEQA environmental approval, with
the City of Palo Alto acting as lead agency.
CPUC –California Public Utilities Commission. CPUC guidelines dictate required clearances (both vertical and
horizontal) between the Project structures and existing overhead electrical utility lines.
EIR/EA –Environmental Impact Report / Environmental Assessment. A combined EIR/EA is the identified
environmental document being prepared as part of the federal (NEPA) and state (CEQA) environmental review
processes.
PDA –Priority Development Area. A designated area targeted for future employment and housing growth. The
nearest PDA to the proposed Project is approximately ¼ mile to the south in Mountain View.
PEER –Permit Engineering Evaluation Report. A PEER report is the identified document for Caltrans design
approval, due to the project’s expected limited permanent impacts on Highway 101 and improvement value of less
than $3 million within the Caltrans right-of-way.
PFR –Preliminary Foundation Report. This report provides preliminary geotechnical and foundation design
guidance for assisting the design development process. The PFR is included as Appendix D.
PG&E –Pacific Gas & Electric. PG&E utilities in the project area include a high pressure gas line adjacent to the
Bay Trail, as well as high voltage (60kv) overhead utility lines that cross Highway 101 and the Adobe Creek/Barron
Creek confluence area.
POC –Pedestrian (and Bicycle) Overcrossing. The term POC is used generally throughout the document in
reference to the Project.
NES –Natural Environment Study.
NEPA –National Environmental Policy Act. This project is subject to NEPA environmental review due to the
receipt of federal funding.
SCVWD –Santa Clara Valley Water District, or “the Water District.”The Water District is responsible for
flood protection and water supply/quality within Santa Clara County, and owns/maintains the Adobe Creek and
Barron Creek channels within the Project area.
City of Palo Alto –Draft Design Guidelines
Page 4
VTA –Santa Clara Valley Transportation Authority. The VTA Bicycle Technical Guidelines is a valuable
reference document for pertinent design considerations and guidelines related to bicycle and pedestrian overpasses
as well as Class I shared use trails.
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 5
Executive Summary
These Guidelines are intended to provide background information and guidance for a competition to
design the Palo Alto Highway 101 Pedestrian Overcrossing (POC)Project at Adobe Creek.The City of
Palo Alto (City) is one of the most active bicycling and recreation-oriented communities in the Bay Area
and California. Whether traveling for work, school, shopping or recreation, more people choose walking
or bicycling on streets and trail systems than almost anywhere else for a comparable mid-size community.
Such activity occurs despite a number of major barriers that bisect the City, not the least of which is the
U.S.Highway 101 (Highway 101) corridor that separates the City from its largest open space, the Palo
Alto Baylands, and the San Francisco Bay Trail (Bay Trail).
As the heart of Silicon Valley, Palo Alto (along with its neighbor to the south Mountain View) is home to
hundreds of technology and research-based companies, including a number of major employers such as
Google, Intuit, and Space Systems Loral that have clustered in close proximity to Highway 101 and the
Bay Trail. Between the need to better link these growing job centers with regional trails and bicycle
facilities, as well as the need to improve access to superb recreation opportunities like the Baylands, Palo
Alto has prioritized the funding and construction of a new, year-round bicycle and pedestrian
overcrossing (POC) over Highway 101 at Adobe Creek near the City’s southern border.
The proposed Highway 101 POC at Adobe Creek (“the Project”) would replace an existing underpass that
is available for only half the year (on average) due to seasonal flooding, and would complement an
existing,but Americans with Disabilities Act (ADA) deficient,overpass that is 1.25 miles away to the
north. The position of the new overcrossing was selected from over a dozen locations studied in
2010/2011, and has since been refined to include a short list of alignment alternatives,a 0.13 mile Class I
trail connection along an existing Santa Clara Valley Water District (SCVWD, or “the Water District”)
maintenance road, and a potentially optimized alignment developed to the 15% design level. As the new
overcrossing would encroach upon state right-of-way, project approval from the California Department of
Transportation (Caltrans)is required for this project. The City and Caltrans are currently working on
environmental documentation for the project in the form of a joint Environmental Impact
Report/Environmental Assessment to satisfy both state and federal environmental requirements.
With the vast majority of project funding secured, the City of Palo Alto has partnered with the American
Institute of Architects California Council (AIACC) to conduct a design competition for the Highway 101
POC at Adobe Creek. This design guidelines document has been prepared to help focus design
competitors and ensure compliance with existing environmental and site constraints,as well as provide a
consistent understanding of the relevant context and recent planning work in support of the Project.
Utilizing this document in combination with established procedures of the Palo Alto Architectural Review
Board (ARB)and input from Caltrans, a conceptual final design will be selected from the competition and
the winning design team(s)may be awarded by City Council through the City’s Professional Services
Contract to complete the design, permitting/approvals, and construction administration for the Highway
101 POC at Adobe Creek.
City of Palo Alto –Draft Design Guidelines
Page 6
Project Introduction and Background
Project Description
The City, in cooperation with Caltrans District 4, is actively planning to construct a POC of Highway
101, in the City of Palo Alto. The Project is located between the East Oregon Expressway and San
Antonio Road overpasses of Highway 101, in close proximity to Adobe Creek, and would replace the
existing seasonal Benjamin Lefkowitz underpass.The grade-separated crossing would provide year-round
connectivity from residential and commercial areas to the Palo Alto Baylands Nature Preserve, East
Bayshore Road business park area, and the regional Bay Trail network of multi-use trails.The project
construction program includes a new bridge over Highway 101 and West and East Bayshore Roads, a .13
mile trail connection along Adobe Creek to E Meadow Drive, sidewalk improvements along West
Bayshore Road, and significant landscaping and habitat restoration within the Palo Alto Baylands and
along the Adobe Creek riparian corridor (Figure 1).The project lies primarily within City and Caltrans
right-of-way, although the south/west project area includes SCVWD and private property (a portion of
3600 West Bayshore Road, a Google-owned property).
In 2010, an initial Feasibility Study project phase examined twelve separate potential Highway 101
bicycle and pedestrian over/undercrossing concept locations. Alternatives were generally located between
the Highway 101 overpasses of East Oregon Expressway and San Antonio Road, and included variations
in both length and configuration. Selection of a preferred project alternative (an overcrossing at Adobe
Creek) was identified and evaluated through a participation process involving the general public, a
technical advisory committee, stakeholder groups, and City and technical consulting staff.
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 7
f I
to Shoreline ,.,
i at Mtn . View Park
Baylands Nature Preserve
Space Systems Loral
................. : ~a 5 t,..~c
o
'"'
o 0.5
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.. -+
Hwy 101 Bridge
Overcrossing
Adobe Creek Reach Trail
Ramos Park
Existing
-Streets with bike lanes
-San Francisco Bay Trail
......... SeVWD ma intenance
roads (closed to public)
HI wa 1 1 vercrossm at 0 e ree Project Area Overview
City of Palo Alto, CA
SouKw: ~"""'OtytlfPlloAllo
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City of Palo Alto –Draft Design Guidelines
Page 8
Figure 1. Project Area Overview
Project Purpose and Need
The purpose of the Palo Alto Highway 101 Bicycle and Pedestrian Overcrossing Project is to build a
year-round overcrossing to replace the existing Benjamin Lefkowitz seasonal underpass, which is prone
to repeated and spontaneous weather-related closures and does not meet minimum Class I trail standards.
The overcrossing would improve 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 project would further improve accessibility and safety of local access by
constructing a Class I multi-use trail along Adobe Creek, and improving pedestrian connectivity from
West Bayshore Road. The combined overcrossing and access improvements would support regional
bicycle commuting and encourage greater recreational activity and use of the Baylands and trail system.
Existing Benjamin Lefkowitz Seasonal Underpass at West Bayshore Road
Current year-round bicycle and pedestrian access over Highway 101 to/from southern Palo Alto and the
Baylands Nature Preserve/Bay Trail requires significant out-of-direction travel south to the San Antonio
Road overpass, which lacks sufficient non-motorized access facilities, and north to the Oregon
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 9
Expressway Overpass, which is more than 1.25 miles away. The Oregon Expressway Overpass also does
not meet current ADA standards. The need for a new year-round pedestrian/bicycle crossing of Highway
101 in south Palo Alto is identified in the City of Palo Alto Comprehensive Plan (2007) and the Palo Alto
Bicycle and Pedestrian Transportation Plan (BPTP). The BPTP was adopted in June 2012 and identifies
the Highway 101 POC project as the highest priority Across Barrier Connection (ABC) project in the
City. The Highway 101 POC at Adobe Creek is also identified as a high priority project in the Bicycle
Transportation Plan (2003) and draft East Meadow Circle/Fabian Way Sub-Area Concept Plan, which
will be folded into the update to the City’s Comprehensive Plan.
Palo Alto Baylands at Adobe Creek, with Bixby Park visible in the background
Project Context & Setting
The City of Palo Alto is a dynamic, mixed-use community that is both the heart of Silicon Valley’s
technology-based employment boom and a coveted assortment of quiet, tree-lined residential
City of Palo Alto –Draft Design Guidelines
Page 10
neighborhoods served by a top notch public school system. A leader in environmental sustainability, Palo
Alto’s quality of life is heavily supported by investments in and close proximity to recreational open
space areas (both near the San Francisco Bay and in the foothills to the west) as well as some of the
highest rates of walking and bicycling in the country. Approximately 8% of workers in Palo Alto
commute by bicycle and another 6% travel on foot, while nearly 60% of all school children travel to
school using an active transportation mode.
Continuing to grow the share of trips that take place on foot and bicycle is critical to maintaining Palo
Alto’s quality of life. This is especially so for the East Meadow Circle sub-area to the west/southwest of
the Project, where recently proposed zoning changes (awaiting adoption into the City’s General Plan) and
significant land purchases by Google indicate strong potential for office/R&D development in the near
term.1 Coupled with existing businesses and anticipated growth nearby in Mountain View’s North
Bayshore Priority Development Area (PDA), active transportation investments such as the Highway 101
POC at Adobe Creek will be necessary to help manage transportation demands on an already-congested
and physically-constrained state highway and local arterial roadway system.
The existing built environment in the Project area is characterized by low (one-to three-story tall)
office/research park and light industrial land uses to the east, south, and west. A multi-unit residential
development also sits to the southwest across from Adobe Creek, but is somewhat buffered from the
project area by a PG&E electrical sub-station.
The Project is expected to cross US Highway 101 approximately 1,500 feet (ft) northwest of San Antonio
Road, directly north of where Adobe Creek passes under the highway. Highway 101 in this location is a
ten-lane, 160-ft wide highway (recently widened from eight lanes), and there are two-lane frontage roads
with bikes lanes on either side.
The north/east portion of the project site includes the Bay Trail, which runs parallel to Adobe Creek from
Mountain View and turns sharply north across the creek (via a steel truss bridge) to follow the edge of
the Palo Alto Baylands Nature Preserve at East Bayshore Road.Visible to the north within the Baylands
sits Hawk Pond and delineated wetlands in the immediate foreground, with Byxbee Park (a former
landfill site undergoing transformation into a passive recreational area) in the distance providing one of
the few interruptions of the predominantly horizontal Baylands views. Directly east of East Bayshore
Road, the creek changes character from a concrete-lined flood channel to a riparian corridor vegetated
predominately with non-native plants, including a large stand of Eucalyptus trees.
The south/west portion of the Project is dominated by the confluence of the channelized Barron and
Adobe Creeks, which drain urbanized areas of Palo Alto from the west and include maintenance roads
owned and operated by the SCVWD. The existing seasonal undercrossing rises up to meet with West
Bayshore Road approximately 100 ft north of the main entrance for the Water District maintenance road
access to the confluence area (and proposed Adobe Creek Reach Trail).
1 See http://www.mercurynews.com/ci_23672621/google-buys-nearly-15-acres-palo-alto
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 11Figure 2. Flood Basin and Historic Creek/Tideline Map (source unknown).
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City of Palo Alto –Draft Design Guidelines
Page 12
From an historical context, most of the current Project site features represent relatively recent additions to
a landscape that has undergone a series of dramatic changes in the last century and more. These changes
include the Adobe and Barron Creek channels themselves, which have been relocated and modified from
their historic alignments since the late 1800’s; as well as the Highway 101 corridor itself, which sits to the
east (outboard) from the historic extents of the tidal marsh (Figure 2). Prior to the 1950’s, when
mechanical gates were installed to control tidal flooding, the Project area consisted of little more than
farmland on either side of the four-lane Bayfront Freeway, which was built in the 1930’s (Figure 3).
Construction of the wider, access-controlled highway occurred in the 1960’s.
Project Status
Local Entitlements
Local entitlements, including design review,would be required.
Environmental Review & Oversight
The proposed project is subject to federal (NEPA) and state (CEQA) environmental review in addition to
City design review, due to the use of federal Congestion Management and Air Quality (CMAQ) funding.
The City of Palo Alto is the lead agency for CEQA review, and Caltrans is lead agency for the NEPA
process.
Figure 3. 1948 Aerial Photograph of Project Area (from Google Earth)
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 13
Caltrans Permitting
Caltrans’ Project Development Process is used for projects where the capital construction cost within
state right-of-way exceeds $3 million. This process requires execution of a cooperative agreement and
preparation of a Project Study Report (PSR), Final Plans, Specifications and Estimates (PS&E), and other
related reports following standard Caltrans procedures. The City may submit the Adobe Creek POC
PSR/PR for review concurrent with preparation of the environmental review. However,Caltrans will not
approve the PSR/PR until the environmental review is complete per CEQA requirements.
Funding
The project has received $8 million in federal and local grant funding for construction. Together with
committed local resources, the project budget for design and construction is $10 million based on a 2010
planning cost estimates.
Alternatives Considered
Subsequent to the adoption of the Feasibility Study, three alignment alternatives (shown in Figure 4)
were developed for initial environmental and Caltrans review:
Alternative 1
Alternative 1 generally crosses East and West Bayshore Roads and Highway 101 at a perpendicular angle,
making a curving 90-degree turn from West Bayshore Road and the Adobe Creek Reach Trail to cross
over Highway 101. A more curving north/east ramp alignment seeks to relate to the Baylands and
provides a pleasant experience for both bicyclists and pedestrians. The physical footprint of Alternative 1
extends approximately 150 ft east into the natural area along the north side of Adobe Creek before
looping back and ramping down adjacent to the Bay Trail.
Alternative 2
Alternative 2 would cross East and West Bayshore Road and Highway 101 in a curving alignment. It
includes a curving north/east ramp just north of Adobe Creek before linking to the Bay Trail, and loops
back over itself on the west approach in order to minimize footprint and allow an earlier touchdown point
on West Bayshore Road. While potentially having the least visual impact on the Baylands vista, the
looping south/west ramp associated with this alignment is not considered optimal due to sight distance
and potential user conflict concerns.
Alternative 3
Alternative 3 attempts to minimize physical intrusion into the Baylands by providing a straight ramp
extending northwesterly parallel to the existing Bay Trail and East Bayshore Road. Non-preferred
features include placing columns within the floodway of Barron Creek for the south/west approach, and
extending the north/east approach to the north parallel to the Bay Trail, which would intrude into
expansive views of the Baylands from Highway 101 and force out-of-direction travel (i.e., a 180-degree
City of Palo Alto –Draft Design Guidelines
Page 14
turn) for a majority of bridge users. Due to an existing PG&E gas line within a 20 foot easement, this
alignment is not fully able to stay outside of the Baylands north/east of East Bayshore Road.
Based on results from preliminary environmental analyses performed to date, Alignment 1 was selected
as the alignment used for development of 15% plans for preliminary Caltrans review and for
environmental review, including the project boundary map for the environmental document (Figure 5).
For the purposes of the design competition, the alignment in Alternative 1 will be used. The Preferred
Alternative is not yet formally determined through the environmental review process.
The Design “Envelope”
To meet project schedule objectives a preliminary (15%) design has been completed for the Project (see
Appendix A), and environmental documentation is in progress and will be completed in parallel with the
design competition. The Caltrans (PA/ED) review process is in progress. In order for the design
competition to maintain consistency with the environmental document, these Guidelines provide specific
design requirements as well as a range of structural and architectural alternatives and design features to
provide an “envelope” to guide design competitors. This includes the design parameters needed to stay
within the environmental analysis assumptions, respond to community preferences, and be consistent with
other standards and requirements. Note that a design departing from this envelope of assumed location,
configuration, and features could trigger the need to revise and reissue the environmental document,
creating undesirable delay and expense to the project. A design departing from this envelop shall be
disqualified.
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 15
Figure 4. Project Alignment Alternatives for Environmental Review
LEGEND
Adobe Creek C::::JI_-==' Overcrossi~ Alignments
o Sample Column
Locations (TBD)
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~ _ Trail (Existing/Proposed)
M 60 kV Line
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City of Palo Alto, CA
So..rc", ~ Maps, City 0I?l1o Alia
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City of Palo Alto –Draft Design Guidelines
Page 16
Figure 5. Project Boundary Map
City of Palo Alto, CA
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LEGEND
Proposed Features
D Project Boundary
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o Conceptual Bridge
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• •• Class I Trail
Existing Features
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_ Creek
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ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 17
Caltrans and Environmental and Design Review Schedule
The project schedule (see Figure 6), shows the relationship between the preliminary design and
environmental analysis that will be completed under the current contract with a consultant team, and the
subsequent stages of project design and Caltrans review that will be completed by the consultant(s)
selected through the design competition.
Should the City Council and the community agree on a design concept, the Consultant team and City
shall enter into the City’s Professional Services Agreement to complete the design and the construction
bid documents and construction administration in accordance with the City’s and Caltrans’ local, state
and federal requirements. A sample of the City’s Professional Services Agreement is in the Appendix.
The draft project schedule is for reference.
City of Palo Alto –Draft Design Guidelines
Page 18
Figure 6 Project Schedule
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 19
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City of Palo Alto –Draft Design Guidelines
Page 20
Design Guidelines
Guiding Design Principles
This is a unique opportunity to showcase the City’s commitment to innovation, aesthetics and forward-
thinking through the use of a design competition to solicit visionary ideas for a new bridge. Below are
three design principles that will be used to help orient design competitors in the creation of concepts:
Innovation –inspire and engage the community with a contemporary design, incorporating creativity,
originality, functionality, technology and education, that is also identifiable as a landmark in the heart of
Silicon Valley;
Versatility –achieve a balance between engineering and art, efficiency and beauty, diversity of users and
functionality, while conforming to the project’s construction budget; and
Interconnectedness –garner respect for the Baylands environment and ecosystem; recognize the
integration with nature,connection to the bay trails and importance of viewing nature while
accommodating walkers/bikers/commuters, enhancing the human experience and universal accessibility.
Design Goals
The following project design goals were derived from public, stakeholder,and decision-maker input
during meetings regarding the project:
1.Provide an overcrossing that is safe and functional for a wide range of non-motorized users:
commuting and recreational bicyclists, including casual or inexperienced riders; and pedestrians,
including people with disabilities and families with children.
2.Meet or exceed applicable policies and standards, and adhere to the identified project environmental
footprint, in order to facilitate a smooth approval and permitting process.
3.Protect and enhance environmental qualities and functions of the Baylands and Adobe Creek,
incorporating compatible native plant and habitat restoration to the maximum extent feasible.
4.Provide a seamless and enjoyable experience for users across Highway 101, ideally creating a bridge
that extends the Baylands experience into the urbanized area more than it intrudes into the Baylands.
5.Avoid or minimize disruptions and impacts to traffic on Highway 101, local roads, and the Bay Trail;
and to utilities and SCVWD maintenance facilities both during construction and resulting from the
completed facility.
6.Provide an aesthetic/visual resource that respects and is compatible with the character of the
Baylands and yet offers new iconographic or gateway elements appropriate to the context.
7.Incorporate references to the Baylands and the site’s history, with opportunities to view, learn about,
and appreciate the adjacent Baylands Nature Preserve and Adobe Creek/Barron Creek habitats.
8.Design a cost-effective project that efficiently solves technical challenges/constraints and concerns of
ongoing maintenance costs.
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 21
Figure 7. Conceptual Design Program Overview Graphic
Conceptual Design Program -Overview
This section summarizes the primary elements of the project, which are further described and expanded
upon in the subsequent visual tour.
Overcrossing Alignment & Structure(s)
As assessed for environmental review, the Project consists of a 250-ft to 280-ft long, 18-ft wide concrete
main span structure (with a 16-ft wide shared use travel way cross section) over Highway 101 and East
and West Bayshore Roads, with one or more columns anticipated in the center median of the Caltrans
right-of-way (see Figure 7).2 Additional columns are anticipated north and south of Caltrans right-of-
2 Pending Caltrans potential approval of a 2-ft minimum shoulder width, for which a Design Exception Fact Sheet is being
prepared for consideration.
City of Palo Alto –Draft Design Guidelines
Page 22
way.Bridge designs that do not include a center column in the highway median are encouraged if they
can respond to the project design guidelines and are feasible within the anticipated project budget.
The north/east ramp is expected to be approximately 450-ft to 510-ft long (pending final design)and the
south/west ramp is currently projected to be 410-ft to 450-ft long. The north/east ramp would be accessed
from the Bay Trail just north of Adobe Creek. The south/west ramp would be accessed from the proposed
trail along the Adobe Creek SCVWD maintenance road and from West Bayshore Road.
The configuration and landing point for the ramp on the west side is constrained by the proximity of
Adobe Creek and Barron Creek, within which no construction activities are to take place;high voltage
overhead and underground utilities; and site access and parking for 3600 West Bayshore Road. The ramp
would rise parallel to West Bayshore Road from the proposed Adobe Creek Trail, with a relatively long
(approx. 120 ft) pre-cast span between piers in order to cross over the confluence of Adobe and Barron
Creeks and minimize utility/creek impacts. The trail in this location will likely need to be narrower than
preferred (a minimum 10-ft wide travel way compared to the preferred 16-ft wide travel way) before
rising north into a significant portion of private property at 3600 West Bayshore Road before turning
north/east to meet the main bridge deck.
The configuration and landing point for the north/east ramp is constrained by wetlands and sensitive
habitat area to the north within the Baylands, the Adobe Creek riparian corridor to the south, and utilities
located along the back edge of the existing Bay Trail.While a specific construction method and structure
type have not been confirmed for the Baylands ramp, a cast-in-place concrete ramp and potential use of
reinforced soil slope (RSS)/Mechanically Stabilized Earth (MSE) ramp abutment have been assumed for
helping define the potential environmental footprint and impacts.
West Bayshore Road Sidewalk / Accessibility Improvements
The proposed project includes pedestrian and bicycle facility improvements along West Bayshore Road to
support travel between the overcrossing ramp and the Adobe Creek Trail. Specifically, the west/south
side of West Bayshore Road would be upgraded with a continuous sidewalk, while the existing driveway
for the 3600 West Bayshore parcel would be relocated to the north in order to provide room for the
bridge’s west ramp. Due to the need to accommodate a new sidewalk adjacent to the ramp landing, West
Bayshore Road would be narrowed slightly and existing southbound bicycle lanes would be replaced with
shared lane markings, or sharrows.3 If an additional column on West Bayshore Road just outside the
Caltrans right-of-way is required for a signature span concept, and/or a wider sidewalk over Adobe Creek
is desired, the northbound bicycle lane may also be converted to sharrows to accommodate roadway
narrowing.
3 A shared lane marking or sharrow is a street marking used to inform road users that bicyclists may use the full lane.
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 23
A secondary stairway or ramp connection is strongly desired within the 3600 West Bayshore parcel to
limit out-of-direction travel for bridge users coming from the north, with a belvedere or widening of the
bridge encouraged at the point where the secondary stairway/ramp meets the primary ramp deck.The
bridge widening would serve several purposes, including:
·Promoting safer trail access for secondary stairway or ramp users
·Mitigating a tight (36 ft radius) curve that is necessary due to site conditions
·Allowing potential seating/viewing area toward the Barron and Adobe Creek confluence
·Possibly facilitating future potential ramp extensions across Barron Creek toward East Meadow
Circle
Site design for the secondary ramp/stairway access point, potential belvedere/widened ramp segment, and
3600 West Bayshore parcel segment is identified as a significant design opportunity.
Baylands / Adobe Creek Riparian Area Habitat Restoration
The project includes significant opportunity for site landscaping and habitat restoration, which is required
both for environmental mitigation and aesthetic purposes to support Project goals.The work is anticipated
to include removal of existing ornamental trees on the west side of the highway, and invasive non-native
plants and trees on the east side, to be replaced with native species.
Conceptual Design Program –Visual Tour
This section describes the elements of the overcrossing, moving west to east,based on concepts that were
developed for the preliminary environmental documents and Caltrans review. They reflect some of the
specific constraints and requirements that are detailed in the checklist that follows, and general design
considerations and preferences.
South/West Approach
The south/west approach would be accessed from near the SCVWD maintenance road between West
Bayshore Road and Adobe Creek (see Figure 8). In Alignment 1, the ramp rises to the north, crosses
above a portion of the confluence of Adobe and Barron Creeks, then arcs to the east utilizing a small
portion of private property at 3600 West Bayshore Road before meeting the main bridge deck (see Figure
9). A stairway connection from West Bayshore Road to the overcrossing ramp is envisioned to facilitate
pedestrian access from north of the project site.
City of Palo Alto –Draft Design Guidelines
Page 24
Figure 8. Birds eye perspective looking north/west toward bridge ramp over Adobe/Barron Creeks.
Figure 9. Birds eye perspective looking north/east toward bridge ramp over Adobe/Barron Creeks.
Improvements along West Bayshore Road
West Bayshore Road through the project site currently includes a four-foot wide sidewalk on the west
side of the roadway, bike lanes, and an approximately 75-foot long bridge over Adobe Creek. North of
the bridge, the sidewalk jogs to the east and the southbound bike lane ends. South of the bridge, the
sidewalk jogs to the west and the southbound bike lane resumes.
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 25
Proposed pedestrian improvements include widening approximately 525 linear ft of sidewalk to 5 to 6 ft
wide between the 3600 West Bayshore parking lot driveway and the SCVWD access gate. North of the
Adobe Creek undercrossing, the existing southbound bike lane adjacent to the widened sidewalk segment
would be replaced with a four-foot wide buffer with plantings and/or a fence and associated curb and
gutter. South of the Adobe Creek undercrossing, a 1.5-ft wide planting strip would be located between
the sidewalk and POC ramp. Where the bike lane is removed, the southbound travel lane would be signed
and marked as a shared roadway (Class III bike route) for a distance of approximately 600 ft (Figure 10).
The 4-ft wide sidewalk along the bridge over Adobe Creek would be widened as feasible.The
southbound bike lane would resume south of the SCVWD access gate. An approximately 80-ft long
‘sidepath,’or two-way trail adjacent to a roadway, is proposed west of the widened sidewalk from the
ramp touchdown to the Adobe Creek Trail.
A stairway connection from West Bayshore Road to the overcrossing ramp is proposed north of creek
crossing to better facilitate pedestrian travel from north of the project site (Figure 11).
City of Palo Alto –Draft Design Guidelines
Page 26
Figure 10. Photosimulation of West Bayshore roadway improvements, looking south toward overcrossing
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 27
Figure 11. Photosimulation of bridge at 3600 West Bayshore Road with secondary stairway access and sidewalk
improvements.
Main Bridge Structure
In Alignment 1, the superstructure over Highway 101 utilizes a straight alignment, which is suitable for
either a concrete or steel structure (see Figure 12). For the purposes of environmental review, the City is
currently assuming a center support column in the median of Highway 101 north/west of where Adobe
Creek crosses under Highway 101, which would require the narrowing of Highway 101 shoulders and
potentially travel lanes.
Additional design coordination with Caltrans is necessary to fully understand potential implications and
confirm approval of a center median column. Any final design must also be coordinated with ongoing
plans to add High Occupancy Vehicle (HOV)express lanes on Highway 101, an effort which is currently
in design and expected to operate beginning in 2018. Signature bridge span designs that do not require a
center median column are encouraged in the design competition if they can successfully respond to other
project goals, including construction budget and ongoing maintenance.
City of Palo Alto –Draft Design Guidelines
Page 28
Figure 12. Bird’s eye view of bridge main deck, looking ‘south’ along Highway 101
arrow edian width would IIkel
~uire I ne wldt reduct ons for any
proposet/ columns
I Itrans
vertical
overcro
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 29
North/East Approach
In Alignment 1, the structure ramps down on the east side of Highway 101 with a “horse-shoe” alignment
in the Baylands Nature Preserve. This alignment touches down and connects with the Bay Trail
approximately 100 ft north of where the Bay Trail crosses Adobe Creek via a steel truss bridge. At the
ramp’s furthest point within the Baylands, the curving trail could include widened shoulders, or a viewing
deck, providing users with a vista outward toward the Palo Alto Baylands and in the near distance,
Byxbee Park (see Figure 13).
For potential aesthetic and environmental assessment purposes,the conceptual design of the north/east
ramp touchdown considers the use of engineered fill with earth side slopes and/or retaining walls or MSE
walls. The underlying Bay Mud is an important consideration (due to likely settlement issues)however,
and such features should only be considered up to a maximum suggested height of 10 ft to 15 ft per the
Preliminary Foundation Report (PFR)(Appendix D). Masonry units, timber, and gabions may also be
considered, in addition to concrete or steel structures.
The north/east landing area, whatever the design, would be disturbed by construction and would require
any impacted habitat to be restored. The emphasis would be on native riparian and Baylands appropriate
planting. Construction or associated habitat mitigation may involve the removal of up to 36 non-native
eucalyptus trees within the Baylands, including trees located along the edge of the Adobe Creek riparian
corridor. Site design may also include consideration of a creek side interpretive trail, secondary stairs and
ramp approaches, public art, seating, and other potential amenities (see Figure 14).
The design of the north/east ramp structure would be subject to Site Assessment and Design Guidelines
for the Baylands Nature Preserve, among others (e.g., the Caltrans Highway Design Manual (HDM) and
Caltrans Design Information Bulletin (DIB)82-05). The Baylands guidelines generally favor the
celebration and maintenance of the horizontal landscape, muted tones, and natural materials. Further
discussion of the guidelines, and potential implications for the Project, is provided in the Design Criteria
section below.In general, developing a unified concept for the Baylands bridge and site landscape is the
key opportunity and challenge that will be emphasized for the design competition and City of Palo Alto
review process.
City of Palo Alto –Draft Design Guidelines
Page 30
Figure 13. There is the opportunity, as illustrated in the visual simulation, to provide a creek viewing and
interpretive area in conjunction with the north/east ramp.
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 31
Figure 14, Birds eye view of north/east ramp at the Palo Alto Baylands and Adobe Creek, with conceptual site program opportunities highlighted
City of Palo Alto –Draft Design Guidelines
Page 32
Adobe Creek Reach Trail
Figure 15: Proposed Cross Section, Adobe Creek Reach Trail
The Adobe Creek Reach Trail would involve construction along the existing SCVWD maintenance road
on the east side of Adobe Creek (west of Highway 101), between West Bayshore Road and East Meadow
Drive. Improvements along this approximately 800 ft stretch of access road would include (also see
Figure 15):
·Minor grading and paving of a 10-14 foot shared use trail
·Modifications to the existing maintenance road access at West Bayshore Road and East Meadow
Drive, including removal of existing fencing and metal bollards
·Installation of a 42-inch (in) to 56-in high fence along the creek abutment wall, and additional
fencing to secure the SCVWD vehicle ramp from public access
·Landscaping: drought tolerant plantings, seating, and other potential decorative and functional
elements such as a soft surface jogging path and public art
·Signage and wayfinding
The Adobe Creek Reach Trail would provide a more direct, comfortable, and potentially safer alternative
to Fabian Way/West Bayshore Road for pedestrians and bicycle commuters, and is considered a critical
complement to the overcrossing project. Appendix B presents the preliminary (15%) plan for the Adobe
Creek Reach Trail.
Design Criteria & Considerations
The following factors should be considered for design of the overcrossing and associated elements:
Project Boundary
Figure 5 provides illustrates the project boundary identified for this project. The footprint of all
construction activities must occur within this boundary, including temporary traffic control, staging, and
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 33
construction. Work within Adobe Creek, Barron Creek, or delineated wetlands will be prohibited. Work
within the Caltrans right-of-way should be limited to a potential center median column, anticipated to be a
maximum of 2 ft wide.
Geometry –Width and Alignment
Per the HDM, a two-way bike path shall have a minimum 8-ft wide paved travel way and minimum 2-ft
wide shoulders adjacent to the traveled way of the path when not on structure. The HDM requires a
minimum 2-ft horizontal clearance from the paved edge of a bike path to obstructions. Three ft should be
provided. Adequate clearance from fixed objects is needed regardless of the paved width. If a path is
paved contiguous with a continuous fixed object (e.g., fence, wall, and building), a 4-in white edge line, 2
ft from the fixed object, is recommended to minimize the likelihood of a bicyclist hitting it.The clear
width of a bikeway on structure (e.g., a POC) between railings shall not be less than 10-ft wide, and it is
desirable that the clear width of structures be equal to the minimum clear width of the path plus shoulders
(i.e., 14 feet).
Santa Clara Valley Transportation Authority (VTA) Bicycle Technical Guidelines encourage a minimum
effective trail width of 10 ft, which is assumed as the minimum for the Project.
The current basis of design for the Highway 101 POC is an 18-ft wide structure outside edge to edge,
with a 16-ft wide travel way cross section. The structure width may be reduced to a minimum of 12-ft
wide (or whatever width can support a 10-ft minimum travel way width)where the basis of design is not
feasible due to site and environmental constraints.
According to the HDM, the target design speed for a trail overcrossing is 20mph, which corresponds to a
minimum bridge curve radius of 90 ft. These design speeds are not achievable or desirable given the site
constraints and alignments considered in the environmental assessment. In Alignment 1, the minimum
curve radii are identified at 36 ft (14 mph) for the west ramp and 60 ft (18mph) for the east ramp,
assuming a 20-degree lean angle as identified by the American Association of State Highway
Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities. These curves are
both within the acceptable thresholds of AASHTO (assuming a constrained site), but should be mitigated
to the maximum extent practical/feasible by widening the trail through these sections.
Bicycle,shared use trail, and pedestrian/bicycle bridge design references:
·Caltrans Design Information Bulletin (DIB) 82-05
·Caltrans Highway Design Manual (HDM)
·AASHTO Guide for the Development of Bicycle Facilities (4th Edition)
·VTA Bicycle Technical Guidelines (2012)
·City of Palo Alto Bicycle and Pedestrian Transportation Plan (2012)
City of Palo Alto –Draft Design Guidelines
Page 34
Profile
According to ADA standards, a path with a slope greater than 5% is defined as a ramp. The maximum
allowable slope is 8.33% and ramps must provide a level landing for every 30 in of elevation rise.
Furthermore, Section 1023.6 (currently Section 1133B.7.6) in Part II of Title 24 California Code of
Regulations (CCR) states that walks with continuous gradients (slopes between 2% and 5%) shall have
level areas (2% max) at least 5 ft in length at intervals of at least every 400 ft.
The bottom of the proposed pedestrian overcrossing profile would maintain a clear distance of 18.5-ft
above the roadway of U.S. Highway 101 when constructed. Accounting for a typical structure depth of 4-
ft, the surface elevation of the overcrossing would be approximately 22.5 ft above the roadway.
Approximately 450-ft of ramp would be needed on either side of the overcrossing to conform to grade.
The structure must be at least 18.5 ft clear above the surface of the adjacent frontage roads –West and
East Bayshore within the Caltrans right-of-way and 17 ft clear above approximately half of the frontage
roads within the City’s right-of-way.
Geotechnical Considerations
Subsurface soil conditions within the project vicinity consist of approximately 10 ft of medium stiff sandy
lean clay with gravel (fill). High plasticity clays, such as soft to stiff lean/fat clay, known locally as
Young Bay Mud, underlie the fill and is interbedded with medium dense to dense well-graded sand with
silt. Well-graded sand with silt was encountered at depths ranging from about 18 to 26 and 45 to 48 ft
below the ground surface.
Groundwater in the area is commonly encountered within the upper 10 ft and influenced by tidal
fluctuations. It is anticipated to vary with the passage of time due to seasonal groundwater fluctuations,
variations in yearly rainfall, water elevations in the bay, surface and subsurface flows, ground surface run-
off, and other environmental factors.
The PFR (provided as Appendix D) states that the project appears feasible with current civil and
geotechnical engineering design practice and construction technology, and that precast/prestressed
concrete driven piles should be used for the proposed structure. Cast-In-Drilled-Hole (CIDH) piles are not
preferred. Pier depths are anticipated to be between 80 to 120 ft or more, pending additional boring tests
and soil analysis. Due to noise impact concerns, all pile driving should take place during the daytime.
Consolidation settlement and stability analysis of the new fill at the abutment locations needs to be
evaluated and a settlement period is recommended after embankment construction prior to
commencement of the pile construction at the abutments. Mechanically Stabilized Earth (MSE) walls and
abutments are not recommended above 10 ft to 15 ft in height.
Structural Considerations
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 35
Bridge design load
The bridge should be designed to accommodate a maximum weight that includes potential maintenance
and/or patrol vehicles, as well as a live load that would be generated by large events that include near full
utilization of the bridge by pedestrians (for example, during the July 4th fireworks or for a big race). H20
loading is identified as the reference standard for guidance.
Column placement for main span over Highway 101 and frontage roads
Due to the narrow median on Highway 101, a typical column design is not feasible. Since the median is
only 6-ft wide and Caltrans requires a minimum 2-foot shoulder, only 2-ft is available for the column
(pending approval of required design exception). A potential solution for this constraint could be to utilize
a 2-foot wide pier wall to support the structure at the median of Highway 101. Alternatively, a column
support in the median of Highway 101 can be avoided if a steel or other signature span structure is used.
Due to the sensitivity of the project to impact on nearby bird populations, a cable-stay steel structure4 is
discouraged.
Column placement outside of Highway 101 can be between the Caltrans right-of-way and East/West
Bayshore Road, or behind the sidewalk of East/West Bayshore Road. Placing columns between the
Caltrans right-of-way and East/West Bayshore Road would require the roadway to be narrowed since
there is not enough space for a column within the current lane configurations. Such placement may be
feasible, however, by dropping dedicated bicycle lanes in favor of shared bike routes with “sharrows” and
other prominent features.
Column placement should be carefully analyzed to avoid impacts to the Barron and Adobe Creek channel
banks, since work within the creek area is not anticipated in the Project environmental review and
permitting assumptions. All designs need to adhere to the SCVWD maintenance access requirements,
which include a minimum 12-ft vertical clearance above existing maintenance roads and sufficient
horizontal distance from the Adobe/Barron Creek confluence area. Any significant impacts such as levee
reconstruction or column construction within the limits of the creek must be avoided.
Visual and Programmatic Relationship to the Baylands
The overcrossing and ramps would constitute a significant new visual element in the setting. A Visual
Impact Analysis (VIA) will be prepared as part of the environmental review process to analyze the two
alternative conceptual alignments (Alternatives 1 & 2). The selected design from the AIA design
competition will be analyzed in the VIA.
Table 1 highlights the design approaches that would tend to minimize adverse visual impacts. The
aesthetics and visual qualities are important community concerns that will drive the project development
end environmental assessment process.
4 A cable-stayed structure has one or more towers (or pylons), from which cables support the deck. The potential for birds to
fly into the cables is a concern.
City of Palo Alto –Draft Design Guidelines
Page 36
Table 1. Potential Visual Impacts and Avoidance/Mitigation Strategies (Draft)
·Potential Visual Impact ·Avoidance/Mitigation Strategy
·The proposed bridge would obscure
views of the Baylands from northbound
Highway 101, East Bayshore Road and
the Bay Trail.
·Minimize extension of ramp alignments into the Baylands view.
Locate the bridge and ramp alignments close to the edge of the
Baylands, utilizing proximity to the existing tree
canopy/Lowlands Development area as a method to limit loss of
exposure to Baylands view.
·Limit the bulk and massing of the bridge structure, particularly
east of Highway 101 near the Baylands for views immediately
northwest of Adobe Creek.
·Consider removal of existing non-native Eucalyptus trees to
expand views of the Baylands from the Bay Trail and
northbound travel lanes on East Bayshore Road and Highway
101.
·Bridge lighting may produce glare for
highway and frontage road users,
contribute to a reduction in nighttime
sky visibility within the Baylands, and
spillover into the Baylands and riparian
corridor.
·Use lighting features that emphasize illumination of the bridge
trail surface. Limit overall intensity of lighting to reduce
“spillover” glare, particularly upward toward the sky and
outward toward the highway,frontage roads, Baylands, and
riparian corridor.
·Consider limited hours of lighting and/or user-actuated lighting
design to minimize unnecessary emissions when bridge is not in
use.
·Up to 12 trees (including three London
Plane street trees and a mature Canary
pine) and minor landscaping would be
removed from the west side of West
Bayshore Road at Adobe and Barron
Creeks. Up to 36 Eucalyptus trees may
be removed within the Baylands near
the Adobe Creek riparian corridor.
·Only a small fraction of the Eucalyptus trees proposed for
removal within the Baylands may be considered to be impacted
by the construction of the overcrossing structure and ramp
landing area. The majority of trees identified are to be
considered for removal only in so much as they are not
compatible with the Baylands design and management
guidelines that emphasize native landscapes and horizontal
features, and their removal would positively expand views of
the Baylands and Adobe Creek.
·To the extent necessary and desirable, the number of trees
proposed for removal can be minimized based on proposed
project construction footprint and the final landscape design
plan. If potential biological impacts are further identified in the
removal of specific trees, the proposed ramp alignment can be
modified slightly to reduce or avoid these impacts. Lastly, the
impact of tree removal would be assessed in accordance with
the Palo Alto Tree Technical Guidelines and a suitable
mitigation plan (both on-site and off-site) would be prepared
and adhered to in coordination with the City Arborist,the
Caltrans Office of Landscape Architecture for planting in
Caltrans right-of-way, and adhering to applicable California
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 37
·Potential Visual Impact ·Avoidance/Mitigation Strategy
Department of Fish and Wildlife (CDFW) requirements.
·The project may break up the visual
continuity of the Baylands with new
vertical elements and further “urbanize”
the open space aesthetic.
·Limit unnecessary vertical elements east of Highway 101 near
the Baylands by maintaining a maximum height of 35 ft from
ground level to the top of the east ramp structure, which is
consistent with the average height of adjacent tree canopies and
buildings. Limit potential vertical towers associated with a
signature bridge design to West Bayshore Road, and to a
maximum height of 65 ft (consistent with highest allowable
building elements according to adjacent zoning).
·The final bridge design concept may
introduce finishes and colors that
conflict with or distract from the
Baylands view.The final bridge concept
could be a design incompatible with the
visual environment of the Highway 101
Corridor.
·Avoid garish colors and bright finishes that would be
incompatible with the natural setting of the Baylands as
established by existing policy and determined further by the
local architectural review process.
Utilities
Existing utilities will be a key consideration in alignment and design of the overcrossing. There are a
number of underground and overhead utilities located within the project area. Three underground utilities
cross Highway 101 within the project footprint in Caltrans right-of-way: a 4-in gas line, a 3-in
telecommunications, and a 15 kV electrical. Overhead electrical lines cross over Highway 101 within the
project area, including a 60 kV line (see Figure 4). The overcrossing structure would need to adhere to
California Public Utilities Commission (CPUC) clearance standards, which specify at least 25 ft clear
from the lowest cable sag of the 60kv line.
Numerous underground utilities exist along East and West Bayshore Road, including sanitary sewer,
storm water, water, recycled water, gas, electrical, and telecommunications may need to be relocated. The
proposed overcrossing structure should avoid utility impacts and honor existing utility easements, which
includes 30 inch gas line (approximate) within the 20 ft PG&E easementwhere structures are not allowed.
Proposed designs that require relocation of utilities should demonstrate need and practicality of such
impacts. Relocated utilities would need to be coordinated with the appropriate owners during the design
phase of the project and adhered to any applicable codes.
Due to the adjacency of the project to an electrical sub-station, as well as the prominence of alternative
energy within the City of Palo Alto energy portfolio, the concept of utilizing solar panels, possibly as part
of overhead shade/weather protection, may also be considered in the bridge design.These features would
likely need to remain outside of the Caltrans right-of-way due to anticipated safety, maintenance,and
permitting concerns.
City of Palo Alto –Draft Design Guidelines
Page 38
Right-Of-Way
It is anticipated that the overcrossing alternatives would impact Caltrans, City, and SCVWD rights-of-
way, as well as an adjacent private property owned by Google. West of Highway 101, the overcrossing
ramp is anticipated to encroach into Google’s 3600 West Bayshore Road property, before touching down
within SCVWD right-of-way. The overcrossing would span over Highway 101 within Caltrans right-of-
way, and touch down east of Highway 101 within the Palo Alto Baylands Nature Preserve (a City of Palo
Alto property). The overcrossing alternatives would require an easement from the 3600 West Bayshore
Road property, and construction would have an impact on the private parking lot and landscaping,
requiring reconfiguration of these improvements.These private property impacts are not anticipated to be
a major constraint. Caltrans requirements for right-of-way certification shall be followed.
Design Elements
Potential Secondary Access (Stairs)
Stairs could be added to each side of the bridge at the ramps to provide additional access to the Highway
101 overcrossing. Stairs can provide faster access for users wishing to bypass the ramp structure or for
bicyclists who want to carry their bike, and offer additional recreational value to the structure. Per ADA
standards, risers shall be 4-in high minimum and 7-in high maximum. Treads shall be 11-in deep
minimum. All steps shall have uniform riser heights and tread depths. Provision of stairs shall not
preclude providing accessible pathways to the primary ramp touchdown locations. Provision of secondary
ramp structures, in lieu of stairs, may also be desirable if cost effective and feasible within the proposed
project footprint.
Railings and Fences
While a minimum 8-ft high ”missile barrier”fence with 1-in maximum openings is required by Caltrans
standards over Highway 101 and frontage roads, a 42-in to 48-in high railing is preferred for improved
user sight distance and design profile beyond the highway. Potentially an earth fill ramp portion of the
north/east landing could avoid railings altogether, if the slopes were sufficiently moderate and setbacks
adequate (i.e. 1:3 maximum slope and/or 5-ft wide graded shoulder). The most pertinent guidelines for
this are in AASHTO Guide for the Development of Bicycle Facilities 4th Edition and VTA Bicycle
Technical Guidelines.
Landscaping and Habitat Restoration
The landscape/habitat restoration plan for the north/east ramp area should be reflect the specific guidance
on plant palette in the Baylands Master Plan document, as well as SCVWD design guidelines for planting
along creeks. There may also be some relevant habitat impact avoidance and mitigation measures to come
from forthcoming Natural Environment Study (NES)/biological studies.Landscaping for the limited
landscape areas around the south/west ramp that would be planted or restored are more likely to involve
ornamental plants, but native plants are desirable to create potential habitat and in the surrounding area
and drought-tolerant plants are required.
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 39
Lighting
Lighting is required to be installed on the bicycle path within Caltrans right-of-way. Although general
bicycle path lighting is discussed in the HDM, the location of the proposed overcrossing requires special
consideration for lighting levels due to the environmentally sensitive areas, including Adobe Creek and
the Baylands. Any lighting installed on the overcrossing should shield direct light from spreading to
sensitive receptors adjacent to the structure; including Highway 101 where light can be a distraction for
vehicles.
Construction Phasing & Traffic Handling
Impacts to the existing roadways and Highway 101 should be minimized during construction. Caltrans
standards should be adhered to during overcrossing construction. All modifications to Highway 101 that
do not meet current Caltrans standards would require design exceptions from Caltrans and extensive
coordination. A number of assumptions were made regarding the schedule and staging for construction to
provide a basis for evaluation of impacts in the environmental document. They are reproduced here for
information.
Construction of the bridge approaches on E. and West Bayshore Road may require sidewalk closures or
lane closures. If a column is constructed just outside of the Caltrans right-of-way (between E. and/or West
Bayshore and the Caltrans right-of-way), traffic would be disrupted due to foundation construction. This
may require a temporary lane closure and temporary traffic signal for one direction travel at a time. In
those cases where a full closure is required, vehicles or pedestrians would be detoured.
Construction for the overcrossing spanning Highway 101 is assumed to be built in two stages:
1.The first stage constructing the footing in the median of Highway 101 (to support column
placement in the median), and
2.The second stage for falsework erection and superstructure construction
In order to accommodate footing construction during stage 1 in the median, 22-ft would be required
between the temporary railings. The existing median of Highway 101 is 6-ft wide. Since Highway 101 is
a significant corridor, it is highly unlikely that Caltrans would allow a lane closure for the duration of
construction. Therefore, the lane widths along Highway 101 may need to be narrowed to 11-ft and shifted
away from the median per Manual of Uniform Traffic Control Devices (MUTCD) standard lane tapers to
accommodate the widened median during this stage. Based on the MUTCD standard lane taper lengths,
approximately 1300-ft of restriping would be required on Highway 101 in both directions to
accommodate the lane taper. Narrowing the lanes to 11-ft and eliminating the shoulders would require
approval from Caltrans. Figure 16 shows the footing construction stage.
City of Palo Alto –Draft Design Guidelines
Page 40
Figure 16: Proposed Temporary Highway 101 Cross Section-Construction Stage 1
Following stage 1, the lane widths along Highway 101 can be shifted back towards the median as long as
there is adequate width for falsework and superstructure construction. This stage (stage 2) would also
require temporary closure of Highway 101 in order to erect falsework, most likely to occur during
nighttime hours when traffic volumes are minimal. A detour plan during the design phase would be
developed for the complete freeway closure. This stage is shown in Figure 17.
Figure 17: Proposed Temporary Highway 101 Cross Section-Construction Stage 2
If a prefabricated steel structure is selected, temporary closure would also be required as the structure is
erected.
The anticipated truck route to the western construction staging area(s) includes Highway 101, San
Antonio Road, Fabian Way, and West Bayshore Road. The anticipated truck route to the eastern
construction staging area(s) includes Highway 101, San Antonio Road, and East Bayshore Road.
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 41
Cost/Budget
The City currently has $10 million in grant and local monies identified for this project. The preliminary
budget target for the construction is $8 million. The overall cost of the proposed structure will be weighed
against its performance relative to the overall project objectives.
City of Palo Alto –Draft Design Guidelines
Page 42
Design Criteria Checklist
q Maximum pathway profile grade (without landings but with 5-ft long level area for at
least every 400 ft interval): 5% (the 15% design used 4.9%)
q Maximum pathway profile grade (with level landings for every 30 in of elevation rise):
8.33% (use 8% as target)
q Minimum vertical clearance from top of Highway 101 to underneath of pedestrian
overcrossing: 18 ft 6 in
q Minimum vertical clearance from top frontage road to underside of pedestrian
overcrossing: 17 ft
q Santa Clara Valley Water District Design (SCVWD) maintenance access requirements,
including sufficient horizontal distance from the Adobe/Barron Creek confluence area.
q Maximum overcrossing structure width, excluding railings/fence: 18 ft
q Pathway width: Minimum 10-ft wide paved travel way, preferred overall width of 16-ft
including shoulders, where practical.
q Minimum fence (missile barrier) height (over Highway 101 and the frontage roads): 8 ft
q Minimum fence (missile barrier) opening (over Highway 101): 1-in x 1-in
q Minimum railing fence height (on bridge with vertical drop greater than 24 in): 42 in
q Caltrans Target Standard Bicycle design speed (may not be feasible to meet): 20mph
q Minimum bicycle design speed: 12 mph (west ramp), 15 mph (east ramp)
q Load bearing requirements: H20 (16,000 lbs dual axle)
q Bridge piers/columns: All alternatives would include bridge columns with pile depths of
up to 120 ft or more, including not more than one column in the center of the Caltrans
right-of-way.
q Abutments
q Lighting on bridge: Lighting for bridge use at night, with guidelines to avoid glare on
highway, local roadways, Baylands, and other adjacent areas. Dark sky compliance
encouraged, but not required.
q Signage and striping: Trail striping and signage consistent with a two-way, shared use
pathway as identified by the California Manual on Uniform Traffic Control Devices
(CAMUTCD), including warning and regulatory signage on the overcrossing and along
East and West Bayshore Road.
q Wayfinding: All alignments should include improved bicycle and Baylands wayfinding
signage consistent with City standards.
q Landscaping: Native, drought-tolerant planting as specified in the Baylands Master Plan
or SCVWD Guidelines should be used throughout the project, including to replace and/or
restore disturbed areas within the nature preserve and along the Bay Trail and Adobe
Creek riparian corridor. Additional landscaping of the west side of West Bayshore Road
should be included.
q Public Art:The incorporation of public art will be a requirement of the project and may
help to create this iconographic gateway.Areas shall be identified for the incorporation
of Public Art at a minimum.
q Trail and SCVWD maintenance road fencing.
q Benjamin Lefkowitz Tunnel: All alternatives would require the partial removal and
permanent closure of the existing seasonal Highway 101 underpass.
The following Caltrans standards for Highway 101 during bridge construction activities
must also be considered:
ATTACHMENT C
Highway 101 Pedestrian/Bicycle Overcrossing at Adobe Creek
Page 43
q Minimum median width of Highway 101 for constructing center column:22 ft
q Minimum falsework traffic opening width over Highway 101:72 ft
q Minimum vertical falsework clearance over Highway 101:15 ft
Summary Table of Project Elements
Table 2 Presents a summary of the elements included in the Project.
Table 2: Summary of Project Elements
Bridge Feature Description
Main Bridge Span
Maximum span of 240 ft, with 17 ft minimum vertical clearance over City’s
right-of way frontage roads, 18.5 ft over half of the frontage roads and all of the
Highway 101. Assumed structure width: 18 ft from outside edges.
Bridge Ramps & Slope Target slope of between 4-5% (equates to ramp length of 400 ft to 500 ft from
edge of the frontage road); maximum 8% grade for potential steeper segments.
Trail Surface and
Width
Minimum 10-ft paved trail, total trail width of 16 ft including shoulders
anticipated.
Railings Min 42 in. where necessary, 8 ft “standard height” fencing required over
highway and frontage roads.This is a potential public art element.
Alternative Bridge
Access
A secondary stairway access point near 3600 West Bayshore Road would be
considered to improve pedestrian accessibility for users headed to and coming
from the north along West Bayshore Road. A secondary stairway access point
for the north/east bridge ramp may also be considered in conjunction with a
potential landscape program.
Lighting
Lighting is strongly recommended for use at night/during winter commute
hours, but would be limited to the highway overcrossing structure and
approach ramps only.This is a potential public art element.
Signage and Striping
Trail striping and signage consistent with a two-way, shared use pathway as
identified by the California Manual on Uniform Traffic Control Devices
(CAMUTCD); additional warning and regulatory signage may be included
along East and West Bayshore Roads.
Wayfinding Include improved bicycle and Baylands wayfinding signage consistent with City
standards.
Interpretive Signage Interpretive/educational signage of the natural and cultural history of the Palo
Alto Baylands and Adobe/Barron Creek systems would be included.
Columns
Include bridge columns with pile depths of 120 ft or more including not more
than one column in the center of the Caltrans right-of-way. Number and
spacing of columns outside the Caltrans right-of-way to be determined with
subsequent design.
Landscaping /Trees
Assume the removal of up to 12 trees along West Bayshore Road, including 3
London Plane street trees and a tall Canary Pine tree at 3600 West Bayshore
Road. Incorporate trees into the design if possible. Additional removal of up to
36 Eucalyptus trees and replacement of vegetation in the Baylands is possible.
Removed trees would be replaced on or off site in accordance with the Palo Alto
Tree Technical Manual and in consultation with the City arborist, and CDFW
requirements (if applicable).
City of Palo Alto –Draft Design Guidelines
Page 44
Bridge Feature Description
New landscaping on the west side of West Bayshore Road and within the
Baylands would be included. Seating/rest areas, soft-surface jogging paths, and
public art are also potential elements consistent across design alternatives.
References
American Association of State Highway Transportation Officials. (2012).Guide for the
Development of Bicycle Facilities (4th Edition). Washington, D.C.
Alta Planning and Design. (2011). City of Palo Alto Highway 101 Over/Undercrossing
Feasibility Study.Berkeley, CA.
California Department of Transportation. (2013). Pedestrian Accessibility Guidelines for
Highway Projects. Design Information Bulletin 82-05.Sacramento, CA.
California Department of Transportation. (2014). Highway Design Manual. Sacramento, CA.
City of Palo Alto. (2012).Palo Alto Bicycle Transportation Plan.Palo Alto, CA.
City of Palo Alto. (2007).Palo Alto Comprehensive Plan.Palo Alto, CA.
Santa Clara Valley Transportation Authority. (2012).Bicycle Technical Guidelines.San Jose,
CA.
Appendices
Appendix A. 15% Overcrossing Design Drawings
Appendix B. 15% Adobe Creek Trail Design Drawings (separate project to coordinate with)
Appendix C. Project Area Base Map
Appendix D. Preliminary Foundation Report (PFR) (prepared by Parikh Consultants)
Appendix E. Sample of City’s Professional Services Contract
City of Palo Alto (ID # 5073)
City Council Staff Report
Report Type: Action Items Meeting Date: 9/8/2014
City of Palo Alto Page 1
Summary Title: Response to SCC Grand Jury Report
Title: Response to SCC Grand Jury Report on Reduced Transparency and
Inhibited Public Input and Scrutiny on Important Land Issues
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that Council approve the following response to the 2013-2014 Santa Clara
County Civil Grand Jury Report, “The City of Palo Alto’s Actions Reduced Transparency and
Inhibited Public Input and Scrutiny on Important Land Issues.” Staff further recommends that
the Mayor be authorized to send a letter to the Grand Jury with the City’s response by the
deadline of September 18, 2014.
Background
From the Santa Clara County Civil Grand Jury website:
“The Civil Grand Jury is an investigatory body. . . CIVIL WATCHDOG RESPONSIBILITIES
This is the major function of present day grand jurors, and considerable effort is devoted to
these responsibilities. The Grand Jury may examine all aspects of county and city government
and special districts to ensure that the best interests of Santa Clara county citizens are being
served. The Grand Jury reviews and evaluates procedures, methods and systems utilized by
county/city government to determine whether more efficient and economical programs may be
employed. . . Most Grand Jury “watchdog” findings are contained in reports describing
problems encountered and making recommendations for solutions.”
The Santa Clara Civil Grand Jury typically produces eight to ten reports a year. In recent years,
the City of Palo Alto, along with other Santa Clara cities, have participated in Grand Jury
interviews that informed subsequent reports on topics related to “Unsustainable Employee
Costs”, “Rethinking Fire Department Response Protocol and Consolidation”, “Emergency
Dispatch in Santa Clara County”, “Rehiring Pensioners”, “Pension and Other Post-Employment
Benefits”, “Law Enforcement Public Complaint Procedures”, and “Public Disability Retirement
Rates”.
City of Palo Alto Page 2
On June 19, 2014, the Civil Grand Jury of Santa Clara County issued a report that discussed the
City’s compliance and response with the Brown Act and the California Public Records Act, and
the level of transparency associated with the Lee Gift Deed Property and the 27 University
Avenue development proposal. A copy of the Grand Jury Report is included as Attachment A.
Discussion
State law requires the City to respond separately to each Finding and each Recommendation.
To Findings, the City has to “agree or disagree.” To Recommendations, the City has to state that
it has implemented, will implement or will not implement the recommendation. Staff has made
this the first sentence in the Response section to each Finding and Recommendation.
The City’s detailed response to the findings and recommendations are included in Attachment
B. The City agrees with Recommendations 1, 2, and 7but has provided further explanation and
additional clarifying details in response to the Findings and Recommendations of 3 through 7.
The City’s response to the Grand Jury meets the requirements set out in law.
Further staff commentary related to the events focused on in this Grand Jury report are
provided for Council in this cover letter.
27 University
This project got off to a bad start, and certainly off on the wrong foot. The initial action
requested of Council on March 5, 2012 to allocate funding to allow for the City to actively shape
some of the potential design features in response to initial suggestions by John Arrillaga did not
establish enough detail for public review and commentary. The fact that Council members had
received individual briefings by staff (permissible) on Mr. Arrillaga’s interest in a project of
significant scale at that location compounded eventual community criticism for the project and
process.
And although the purpose for that funding was to inform a potential future project, by the time
the specifics of the project design parameters came forward (September 24, 2012) too much
time had passed. More importantly, the scale of the potential project, particularly building
heights, far overshadowed potential public benefits related to a new regional theater,
significant parking, and improvements to the intermodal transit center and surrounding road
network.
Given the dramatic change the concept presented for the area, it is natural that many folks
would take the concept as a surprise and for many, out of character for the City. From that
point on, however, the Council directed that numerous public sessions take place, including
Planning and Transportation Commission, Architectural Review Board, Historic Resources
Board, and Parks and Recreation Commission meetings to review and comment on the
proceedings, including several other Council Action items in late 2012 and into 2013.
City of Palo Alto Page 3
The Council ultimately directed that an essential start-over on the public process be designed
with numerous new public outreach meetings. But as heightened interested in the
Comprehensive Plan review and revision unfolded through 2013, it made sense that any
consideration of 27 University take place only in the context of the Comprehensive Plan.
Conclusion: There was a lack of clarity of objective and transparency at the start of the
consideration of 27 University. Council changed that mid-course but much damage had been
done to the project’s possibilities and to confidence in the process.
Closed Sessions Related to Potential Lease or Sale of 7.7 Acres
Closed sessions are appropriate and permissible for real property negotiations. Council could
have conducted these discussions in public. Staff had scheduled these as closed sessions. But
even though permitted by law and serving good purposes, closed sessions can contribute to
uncertainty or suspicion. The facts are that the Council never did authorize a sale or initiate the
process necessary to sell the property. Some can criticize that the City should never have even
discussed Mr. Arrillaga’s proposal. There was a silver lining to this request coming forward,
though, in that the current Council and staff discovered the history of this parcel and the long
overdue and delayed dedication as parkland, which this Council did accomplish this summer.
Public Record Requests
The City receives numerous public records requests, some formal, most informal. The vast
majority are responded to very quickly. There are challenges at times as requests come in at
different entry points into the organization and response can be both time consuming and
involve numerous departments, requiring coordination and oversight. The response to the
Grand Jury Report speaks well to the current changes the City has made, and is investigating,
including coordinated software to monitor intake and response.
Attachments:
Attachment A: Santa Clara County Grand Jury Report (PDF)
Attachment B: City of Palo Alto Grand Jury Response (DOCX)
Attachment C: Palo Alto Municipal Code Section 2.30.210 (h) (DOCX)
Attachment D: Policy and Procedures 1-11/ASD (PDF)
Attachment E: Policy and Procedure 1-48/ASD (PDF)
1
Attachment A. Santa Clara County Grand Jury Report
2013-2014 SANTA CLARA COUNTY
CIVIL GRAND JURY REPORT
THE CITY OF PALO ALTO’S ACTIONS
REDUCED TRANSPARENCY AND INHIBITED
PUBLIC INPUT AND SCRUTINY ON IMPORTANT
LAND ISSUES
Summary
The 2013-2014 Santa Clara County Civil Grand Jury (Grand Jury) received
complaints questioning the transparency of the City of Palo Alto (City) and
claiming there was inconsistent compliance by the City with open government
statutes from June 2011 – December 2013. The Grand Jury investigated those
complaints as they specifically related to three important land use examples.
The Grand Jury found:
The City disregarded its own written Policy and Procedures (P&P) and
deed restrictions on 7.7 acres of land next to Foothills Park gifted to the
City by the Lee Family (“Lee Gift Deed Property”) when it leased the
property to an adjacent landowner who used the land in a manner
inconsistent with the provisions of the deed;
The City disregarded its own written P&P by considering the sale of the
same city-owned Lee Gift Deed Property to the same landowner prior to
declaring it to be surplus;
The City held a closed session meeting1 to discuss the price and terms of
an offer to purchase the Lee Gift Deed Property. At the time of the closed
session, the property could not be legally sold because of the deed
restrictions and failure to declare it surplus;
Initial discussions between the same landowner, who is also a developer,
and the City about a controversial development of 27 University Avenue
was done in a manner that was permissible but undertaken in a way to
avoid public scrutiny unlike other similar large-scale projects;
The City allocated city money toward design review of the 27 University
Avenue proposal to address existing transit and traffic issues at that site
1 Closed session meetings are meetings to which the public and the press do not have access.
2
Attachment A. Santa Clara County Grand Jury Report
and in the surrounding area before obtaining substantial public input on
the 27 University Avenue proposal; and
The public’s efforts to obtain information about the above matters through
California Public Records Act (CPRA) requests were sometimes ignored
by the City. Further deficiencies in City’s CPRA practices were
discovered by the Grand Jury.
Background
The Ralph M. Brown Act (Brown Act)2 was passed in 1953. Among other things,
it serves to encourage transparency and public participation in government. It
guarantees the public’s right to attend and participate in meetings of local
legislative bodies. It also requires proper notification of public meetings and
establishes rules for members of local legislative bodies. It is the intent of the
Brown Act that deliberations of local legislative bodies be conducted openly and
that their actions be carried out in public, with very limited exceptions.
The California Public Records Act (CPRA)3 was signed into law in 1968. The
essence of the CPRA is to provide public access to information. The
fundamental principle of the CPRA is that any document that is a public record
must be provided to the public upon request, unless there is a specific statutory
exemption.
Complainants, elected officials, and City management staff told the Grand Jury
that residents of the City have high expectations regarding the transparency of
their City government and its compliance with open governance laws. Residents
expect that staff and elected officials will consistently follow state statutes, local
ordinances, and the City’s written P&P that have been enacted to provide for the
notification and participation of the citizenry.
However, in recent complaints to the Grand Jury, several Palo Alto residents
allege that compliance with the Brown Act and the CPRA has been inconsistent,
if not violated. The complainants further assert that the City has not consistently
followed its adopted P&P in dealing with City owned real estate. The actions of
City staff and public officials have raised questions regarding the processes used
when considering the lease and potential sale of City owned land and the
process employed in guiding proposals to develop private property in the City.
Complainants have also charged the City staff with not responding in a timely
manner, and sometimes not at all, to numerous requests for public documents
regarding a proposed major development of private property.
2 California Government Code §54950 et seq., The California open meeting law. 3 California Government Code §6250 et seq.
3
Attachment A. Santa Clara County Grand Jury Report
The Grand Jury’s investigation revealed that the City views itself as a model of
transparency and governmental process. The public’s concern regarding the
City’s lack of transparency and failure to adhere to its processes are exemplified
by the matters discussed below, which the Grand Jury finds to be significant
exceptions to the City’s overall claims of transparency.
Methodology
During its investigation, the Grand Jury interviewed thirteen individuals (the
complainants, other private individuals, elected officials, and City management
staff) and researched or reviewed many documents as provided in Appendix A.
Discussion
The Lee Gift Deed Property Leases:
The Lee family donated a 7.7 acre parcel of land adjacent to Foothills Park to the
City by gift deed, recorded August 3, 1981. The gift deed required that the
“property shall be used for conservation, including park and recreation purposes.”
In 1983, an adjacent landowner began using the Lee Gift Deed Property for
stonemasonry work and as a construction staging area during the construction of
a residence on the adjacent parcel. Due to a reservation4 in the deed by the Lee
family, the City did not become the title owner of that parcel until March 17, 1996.
Effective April 1994, the City had adopted P&P 1-11/ASD pertaining to leasing of
City owned property. The purpose of the policy “is to ensure that decisions
regarding use of City property are made in the best interests of the citizens and
taxpayers of Palo Alto.” One of the criterions for leasing City owned property is
that it must be compatible with or supportive of the primary public use of the City
owned property. The policy sets forth criteria to be considered in awarding the
lease (i.e., the extent it satisfies a public need, consistency with city goals,
degree of public access, and other matters). The policy also requires public
notification.
The City first leased the Lee Gift Deed Property to the adjoining landowner in a
document dated April 5, 1996, but it stated that the lease term began on March
17, 1996. The lease was for twelve months, to be used “for TENANT’S continued
use of the PREMISES as a staging area for construction of a residence on the
adjacent parcel owned by TENANT.” The lease rate was $1,100.00 per year plus
a $1,500.00 security deposit.
A May 16, 1996, letter from the City Real Property Manager (RPM) to the lessee
asked if the lessee wanted to extend the lease or buy the property. The letter
also stated: “Whatever the case, both scenarios need to be presented to the City
4 See Lee Gift Deed Appendix A
4
Attachment A. Santa Clara County Grand Jury Report
Council for action.” The City provided no documentation to the Grand Jury that
either scenario (lease or purchase) was ever presented to the City Council for
action.5
On September 5, 1996, the RPM wrote to the lessee acknowledging the lessee’s
verbal offer to purchase the Lee Gift Deed Property at one-and-one-half times its
appraised value. The appraised value at that time was between $100,000.00 and
$115,000.00.6
A subsequent letter from the lessee to a City Real Property Analyst, dated
January 20, 1997, contained an offer to buy the Lee Gift Deed Property for
$300,000.00, with a rapid close of escrow. No documentation was provided to
the Grand Jury indicating that this written offer to purchase the Lee Gift Deed
Property was ever brought to the attention of the City Council or the public.
However, the City did provide information to the Grand Jury that the lessee held
over7 for one year and forty-five days after the expiration of the first lease.
The City also provided the Grand Jury with a letter dated April 10, 1998, from the
RPM to the lessee, indicating that City staff concluded “that it would be in the
public’s best interest to keep the land as park/open space as required under the
Gift Deed.” [Emphasis added.] This letter is the first instance in any of the
records provided to the Grand Jury that City staff acknowledged the use
restriction set forth in the Lee Gift Deed.
Despite the acknowledgement by City staff that the deed restriction on the Lee
Gift Deed Property required the land to be used as “park/open space,” the City
entered into a second one-year lease with the same individual from May 1, 1998
to April 30, 1999. The lease rate was $1,125.00 per year and the $1,500.00
security deposit from the prior lease was transferred over to this new lease. This
new lease expanded the allowable use of the property as a construction staging
area to any “additional services and uses which are ancillary to and compatible
with…” the use as a construction staging area.
Once again, the Grand Jury was not provided with any documentation that this
new lease was brought to the attention of the City Council or the public.
According to records provided by the City, the lessee held over five years and ten
months after the second lease expired. The City did not provide the Grand Jury
with any information regarding whether either the City Council or the public was
ever made aware of this lengthy holdover.
5 The City Manager drafted an information report to the City Council dated February 15, 1996,
advising that the adjacent landowner was using the property for construction staging and
indicating that there might be a forthcoming proposal to buy, lease, or exchange the property.
The memorandum indicated that no action was required. 6 Independent written appraisal dated March 11, 1995
7 The first lease provided that if the lessee did not vacate the property at the end of the lease
term, he would be considered a month to month tenant. This is called a “holdover.”
5
Attachment A. Santa Clara County Grand Jury Report
The Grand Jury was told that the City Manager had authority to execute a lease
of City land for up to three years without City Council approval. However, the
Grand Jury was provided no justification for two holdovers totaling six years and
ten months with no notice to either the City Council or the public.
Efforts by the Grand Jury to obtain detailed information and documents regarding
these leases of the Lee Gift Deed Property to the adjacent landowner were
unsuccessful. This lack of a complete paper trail regarding the leases and the
lengthy holdovers (six years and five months) of the Lee Gift Deed Property is
troubling to the Grand Jury.
What is clear is that the lease history of the Lee Gift Deed Property proceeded
without the City following its own P&P regarding the leases. There are no
indications that any of the lease negotiations, the uses of the Lee Gift Deed
Property by the lessee (contrary to the deed’s use limitations), or the lengthy
holdovers by the lessee were done within the parameters of the City’s P&P
governing leases.
Ultimately, during the course of this Grand Jury’s inquiry into the matter, the City
Council took action to annex the parcel to the adjacent Foothills Park in spring
2014.
Proposed Purchase of the Lee Gift Deed Property:
The same adjacent landowner who had previously leased and offered to
purchase the Lee Gift Deed Property presented a Real Estate Purchase Contract
and Receipt for Deposit to the Deputy City Manager, dated September 14, 2012
to purchase the property. The landowner offered $175,000.00 to purchase the
Lee Gift Deed Property.
During its investigation, the Grand Jury was told that the September 2012 offer to
buy the Lee Gift Deed Property was unsolicited and came as a surprise to the
City. Upon further investigation, however, the Grand Jury learned that in the
spring of 2012, the City had commissioned a formal independent appraisal of the
property.8 The appraisal stated, “The intended user/use for which this appraisal
assignment was contracted is for the use of the City of Palo Alto, for decision
making purposes related to the possible sale or exchange of the property.” The
appraised value was $175,000.00, which was exactly the same amount the
landowner offered to pay.
The same adjacent landowner who offered to purchase the Lee Gift Deed
Property on September 14, 2012, sent a letter, also dated September 14, 2012,
to the then mayor. In that letter, the adjacent landowner (who is also a developer
[hereafter landowner/developer]) offered to build three athletic fields with natural
8 Written appraisal dated May 2012
9 As defined in California Government Code §54221(a) and Palo Alto P&P 1-48/ASD
6
Attachment A. Santa Clara County Grand Jury Report
grass and related irrigation improvements as part of the renovation of the Palo
Alto Municipal Golf Course.
Given the history of interest in the Lee Gift Deed Property by the
landowner/developer and the fact that his offer matched the City’s appraisal
exactly, the Grand Jury believes the offer was not a surprise to the City.
Further, the fact that a Special Meeting of the City Council was quickly
agendized, noticed, and held on September 18, 2012, to discuss the
$175,000.00 offer to purchase the Lee Gift Deed Property in closed session
raises further questions about how long the City knew about the matter in
advance.
Under the Brown Act, a legislative body may convene a closed session to
discuss the price and terms of the sale of city owned land (real estate negotiation
exception). Members of the public were aware that the property was being
considered for sale only because the proposed purchase was listed on the City
Council’s agenda as a closed session item, with the property identified only by
assessor’s parcel number. This closed session discussion lasted almost two
hours.
The minutes prepared for the September 18, 2012, City Council Special Meeting
state that the Council took no reportable action in closed session. Following the
closed session, staff sent emails to council members to arrange for council
members and staff to visit the Lee Gift Deed Property. The Grand Jury was not
able to ascertain exactly how many of council members actually visited the site;
however, emails reflect that staff arranged for the council members to meet at the
site in a manner that avoided reaching a quorum, which would have created
problems with the Brown Act.
As discussed above, the Lee Gift Deed Property had specific deed restrictions
requiring that the property be used for conservation purposes, including park and
recreation use. Even if the City was not hindered by the deed restrictions and
assuming it could sell the property, the City would then have to comply with state
law and the City’s own P&P regarding the sale of surplus property.
The City has a detailed P&P for the sale of surplus city-owned real property (P&P
1-48/ASD). It requires the City Real Property Manager (RPM) to identify
“potential surplus city real property,” to notify appropriate city departments and
other public agencies9 and to forward a report with a staff recommendation to the
City Council.
If the City Council decides to declare the property surplus and to sell it by “an
open and competitive bid process,” the RPM needs to obtain an independent
appraisal and prepare a Bid Proposal Package for the City Council’s consent
7
Attachment A. Santa Clara County Grand Jury Report
calendar.10 If the bid package is approved by the City Council, the RPM must
advertise and market the property, schedule and evaluate bids, and forward a
report with a staff recommendation to the City Council. Notably, under the law
pertaining to surplus property,11 the City was required to give first priority to an
offer by a local agency seeking to use the property for certain uses benefitting
the public, including park or recreational purposes.
Prior to the September 18, 2012, City Council closed-session meeting to discuss
the price and terms of the sale of the Lee Gift Deed Property, none of the
aforementioned procedures involving the Lee Gift Deed Property had ever been
initiated by City staff. The deed restrictions remained and the property had not
been identified as surplus. No evidence was presented to the Grand Jury that
any City departments or appropriate public agencies had been notified of the
property’s availability. The RPM had not recommended the sale and the City
Council had not determined the property to be surplus.
No reason was ever articulated to the Grand Jury why an allegedly unsolicited
offer to buy the Lee Gift Deed Property dated September 14, 2012, merited or
required a rapidly called Special Meeting of the City Council in closed session on
September 18, 2012; especially, since the deed restrictions remained and the
land had never been formally declared to be surplus pursuant to the Government
Code and the City’s own P&P, and therefore could not be legally sold.
Members of the public were aware that the property was being considered for
sale only because the proposed purchase was listed on a City Council agenda as
a closed session item, with the property identified only by assessors parcel
number.
The Brown Act requires that all items be discussed in a public meeting unless
there is a specific statutory exception which allows discussion in closed session.
A property cannot be legally sold by the City until after it has been declared
surplus. Therefore, it would have been more appropriate and transparent for the
City Council to first discuss whether property could or should be declared surplus
in a public meeting before convening a closed session to discuss price and
terms. A closed session on price and terms should occur only after the City
Council has properly declared the property to be surplus pursuant to the City’s
policy.
10 Consent calendars are part of the City Council meeting agendas. They consist of those items
which are considered routine, non-controversial, easily explained, for which a staff
recommendation has been prepared, for items the City Council has previously discussed, and for
which no further discussion is required. Items on consent calendars are not discussed individually
during a regular Council meeting but are approved as a group by one vote. An item may be
removed from the consent calendar at the request of the Mayor or any City Council member. 11 Government Code §54227.
8
Attachment A. Santa Clara County Grand Jury Report
The Grand Jury determined that the Lee Gift Deed Property had not been
declared to be surplus land pursuant to Government Code §54220 et seq. and
Palo Alto P&P 1-48/ASD. Therefore, it was inappropriate and non-productive to
discuss, in a closed session, the price and terms of the sale of land that could not
be legally sold at that time.
In 2005–2006, the City appropriately followed the City’s P&Ps with respect to a
parcel at 2460 High Street, near the Oregon Expressway, when it determined the
property to be surplus. Thus, the Grand Jury concludes that the City is aware of
the proper procedure for declaring property to be surplus.
P u b lic Not if ica tio n of th e City Cou n cil’s Bu sine ss Regarding the
27 University
Avenue Proposal:
Historically, the City has demonstrated its ability to engage the public about
significant City projects in an open and transparent manner. For instance, in
April 2008 a well-publicized meeting was held to elicit public comment about the
proposed Oregon Expressway Improvement Project. The City demonstrated its
ability to convey information about community projects in an open and
transparent manner by publicizing community meetings, eliciting public comment,
scheduling a community workshop, establishing an e-mail address and phone
number for public comment, and creating a questionnaire for residents’ input.
The Grand Jury investigated complaints about a significant reduction in the
transparency of City government over the last few years. In particular, the Grand
Jury inquired into concerns about whether the actions of City staff and public
officials avoided public vetting and skirted the intent of the Brown Act in
responding to proposals to develop privately owned property known as 27
University Avenue.
On June 11, 2011, the Palo Alto City Council entered into a historic development
agreement with the Stanford University Medical Center (SUMC). 12 The
agreement provided approximately $40,000,000.00 to the City, in consideration
for which the City would allow the SUMC to replace, retrofit, and enhance its
facilities located in the City of Palo Alto. The agreement also allows the SUMC to
expand its hospital, clinic, and medical office facilities to meet patient demand.
Pursuant to the agreement, the SUMC is required to provide the City with certain
community benefits and mitigation measures.
Shortly after the SUMC Development Agreement was signed, the same
landowner/developer involved in the Lee Gift Deed Property approached City
staff and proposed a major development on land owned by Stanford University.
The land is located at the corner of University Avenue and El Camino Real,
12 SUMC, also known in the agreement as the SUMC parties, is collectively Stanford Hospital and
Clinics, Lucile Salter Packard Children’s Hospital at Stanford, and the Board of Trustees of the
Leland Stanford Junior University.
9
Attachment A. Santa Clara County Grand Jury Report
adjacent to the Palo Alto Caltrain Station and a Valley Transit Authority bus
transit station. It became known as the 27 University Avenue proposal. The site
is currently occupied by the MacArthur Park restaurant.
In its investigation the Grand Jury learned that in late September 2011, three-
dimensional images had been prepared by the landowner/developer’s staff and
provided to City staff for review and comment. The initial proposal submitted to
City staff contained building designs that conflicted with existing City
development standards (e.g. height) and were unacceptable to City staff. A
revised proposal included a complex of four office towers, two of which
significantly exceeded Palo Alto’s long-standing fifty-foot height limit. The
revised proposal also included an offer to build the shell of a new performing arts
theater and improved utilization of the nearby transit center.
Further, the revised 27 University Avenue proposal included an expanded
pedestrian and bike connection between downtown Palo Alto and the Stanford
Shopping Center, to address major pedestrian and bicycle safety problems. The
developer’s proposals represented an unprecedented opportunity to address
major traffic problems at an intersection where little change had taken place for
many years, despite decades of planning attempts.
On September 27, 2011, the City Manager emailed the entire City Council
informing them that the developer would probably be contacting each of them to
set up meetings to explain his proposal to them. What followed were numerous
meetings between members of the City Council, City staff, and representatives of
the developer regarding his proposal. There were no public notices of these
meetings.
During interviews of City officials, the Grand Jury was told that these meetings
were deliberately kept to no more than three council members at a time, in order
not to constitute a quorum of the City Council, which would have violated the
Brown Act. No minutes or notes were kept. Staff and council members reviewed
detailed design drawings, but the public remained uninformed of the proposals or
the designs for five more months.
It was not until March 5, 2012, nine months after the landowner/developer first
approached the City staff, that the first public meeting of the City Council was
held regarding this developing proposal. At that meeting, the City Council
authorized $250,000.00 from the SUMC Development Agreement “to be used to
develop pedestrian, bicycle and transit connections, as well as, public space
design and preliminary design review and initial environmental review of 27
University Avenue and surrounding areas.”13 According to a staff report, this was
consistent with the community benefits and mitigation measures outlined in the
SUMC Development Agreement. On September 24, 2012, the City Council
13 March 05, 2012 - Action Minutes
10
Attachment A. Santa Clara County Grand Jury Report
authorized an additional $286,000.00 from the SUMC Development Agreement
funds to be spent on this proposal.
Meanwhile, significant public opposition to the 27 University Avenue proposals
had arisen. Several emailed Public Records Requests (PRRs) that had been
sent to the City regarding these proposals remained unanswered for several
more months. However, the City did respond promptly to a PRR by the Palo Alto
Weekly (Weekly) regarding these proposals. Articles and editorials in the Weekly
highlighted the lack of transparency regarding these significant proposals.
According to the City’s own records, other PRRs regarding these proposals
remained unanswered as of November 5, 2013.
Public opposition was focused on the controversial nature of these proposals –
the scale, the proposed building heights, potential traffic impacts, et cetera.
Residents felt frustrated by the inability to get sufficient information or good
explanations regarding what discussions had taken place among the developer,
city staff, and City Council members between September 2011 and March 2012.
Although staff reports dated March 5, 2012, and thereafter provided explanations
of what had been proposed, the City did not always respond in a timely manner
to PRRs from the public regarding the proposals. Interactions between City
council members and the developer were conducted without public knowledge
until March 2012.
The opposition to the proposal to develop 27 University Avenue became so
intense that the City Council effectively dropped it from consideration in
December 2013.
The Grand Jury notes that at the time the City Council allocated the SUMC
funds, no formal land use application by the developer had been filed. Such a
large expenditure of public funds and staff time for a design study linked to
development of 27 University Avenue, for which no land use application had
been filed, raises questions about the wisdom of spending the SUMC funds in
this manner. Given that the money was allocated toward the design and study of
27 University Avenue and surrounding areas, it is unknown if the results are
useful if the 27 University Avenue proposal never goes forward.
Public Records Requests (PRRs)
As discussed above, the CPRA provides public access to any document that is a
public record. Upon request, the government agency must respond to the
request for a public record unless there is a specific statutory exemption. There is
no time limit per se in which the documents must be delivered to the requester
but a response is required within 10 days. An additional 14 days may be
requested if the request meets certain criteria.
11
Attachment A. Santa Clara County Grand Jury Report
Palo Alto's P&P 1-43/CLK supplements the CPRA. According to the P&P, it is the
City's policy to “facilitate an efficient and timely response to all requests for
access to, or copies of, public information within reasonable limitations imposed
by workload and pursuant to the Public Records Act...”
However, the Grand Jury learned through its investigation that the city staff’s
compliance with the CPRA and the City’s written procedures is not consistent.
In Palo Alto, PRRs are made in at least three ways: by telephone, by going to
City Hall to request the records verbally or in writing at “the counter,” or by letter
or email. The Grand Jury limited its investigation to PRRs made by letter or
email in evaluating the city's compliance with the CPRA and the City's P&P.
Currently, the majority of written requests are made via email.
The City's procedure for providing public records allows employees to fulfill
routine requests (i.e., easily accessible documents.) The Department head is
responsible with ensuring that routine requests are fulfilled within the required
time frame. The P&P also allows his/her discretion in determining whether to
keep a copy of the routine request and response.
Under the policy, if a request is for non-routine records, or involves more than
one department, a Request Form should be filled out and delivered to the City
Manager, who copies the City Clerk, assigns a lead department and determines
whether the City Attorney should be contacted. The request will be forwarded to
the Department Director for follow-up and the City Manager will insure
compliance. The City Clerk is responsible for notifying the respective department
regarding the ten-day response requirement.
The Grand Jury reviewed numerous copies of PRRs sent to several City officials,
including members of the City Council. Responses, even after repeated
requests, remained unanswered for several months, or were not responded to at
all. In one case, in a follow up request, a response to the PRR was received only
after the City was cited sections of the CPRA. The City could not explain why it
failed to respond to these multiple PRRs.
The Grand Jury requested a log of all PRRs for the years 2011-2013. In
response, the City created a log from its documents reflecting the name of the
requestor; date of the PRR; and the completion date of the City’s response for
the Grand Jury. 14 The Grand Jury's review of the newly created log clearly
showed that many PRRs had no response date at all. Thus, the Grand Jury is
unable to ascertain from the log if the City responded timely or at all. With
respect to some entries on the log, the Grand Jury’s own investigation was able
to confirm that no response was ever given.
14 Currently, the City's P & P only requires that a master file be kept of non-routine requests.
12
Attachment A. Santa Clara County Grand Jury Report
The completeness of the newly created log was also questioned. The Grand
Jury reviewed copies of multiple PRRs that were not on the log nor responded to.
The Grand Jury conducted its own test of the City's compliance with the CPRA.
It submitted two requests for documents to the City Clerk (Clerk). One request
was sent via email and the other by US mail. Both requests were submitted on
September 11, 2013. The US mail request for documents did not identify the
requester as a Grand Jury member and requested the City's P&P regarding the
sale of City owned surplus land. This was a routine request, to which the City
responded within the statutory ten-day limit.
The other request identified the requester as a Grand Juror, cited the CPRA, and
also sought a copy of the City's P&P addressing the City process for declaring
City owned land to be surplus. The Grand Jury believes this document was a
routine request. The City did not respond to the email request in ten days. On
September 29, 2013, the requester sent a follow up request. Finally, the Grand
Jury received the response on October 1, 2013, a full nineteen days after the
initial request.
The Grand Jury learned that it is the Clerk's practice to remind departments if a
PRR was not responded to in a timely manner, but that the Clerk has no authority
to enforce compliance by other departments. On some occasions, despite follow
up reminders by the Clerk, the responsible department(s) never did respond to
PRRs. Further, the Grand Jury was provided no evidence that the Clerk sends
follow up reminders on outstanding PRRs unless the requester kept following up
with the Clerk.
Conclusions
The State of California has specific provisions in the Government Code and the
City has developed its own P&P designed to provide the public a sense of
assurance of governmental transparency and consistency. In fact, the City has
prided itself, publicly and repeatedly, on the transparency of its government
operations as evidenced in the Mayor’s Monthly Newsletter that begins with the
statement “Open government means transparency and accountability to citizens.”
Nevertheless, the Grand Jury has found that the City has failed to meet
expectations of transparency with respect to the following:
The lease and use of the Lee Gift Deed Property that had been given to
the City to be used for “conservation, including park and recreation
purposes.” Despite this restriction, the City leased the property to an
adjacent landowner for approximately nine years, including holdovers, and
allowed the lessee to use the property for construction staging;
13
Attachment A. Santa Clara County Grand Jury Report
The City held a closed session meeting to discuss the adjacent
landowner/developer’s offer to buy the Lee Gift Deed Property. At that
time, the Lee Gift Deed Property had not been determined to be surplus
and therefore could not be legally sold;
The City’s failure to engage the public in initial discussions pertaining to
the 27 University Avenue proposal and the allocation of SUMC funds; and
The City’s failure to consistently respond to requests for public records in
a timely manner and operational deficiencies for tracking PRRs and
responses.
Findings and Recommendations
Finding 1
From 1996 to 2005, the City of Palo Alto leased the Lee Gift Deed Property to an
adjacent landowner for construction staging even though the property was
required to be used for conservation, including parks and recreation.
Recommendation 1
The City of Palo Alto should adhere to use restrictions of all property donated to
the City.
Finding 2
The City of Palo Alto leased the Lee Gift Deed Property without following its P&P
1-11/ASD regarding the Procedure for Leasing of City-Owned Real Property.
Recommendation 2
The City of Palo Alto should follow its P&P 1-11/ASD regarding the Procedure for
Leasing of City-Owned Real Property when leasing City-Owned Real Property.
Finding 3
On September 18, 2012, the City of Palo Alto held a closed session meeting,
under the real-estate negotiation exception to the Brown Act, to discuss price and
terms of the sale of the Lee Gift Deed Property. Prior to the meeting, the public
was not aware that the City was considering the sale of the Lee Gift Deed
Property and had no opportunity for public debate on the future use or sale of the
property.
14
Attachment A. Santa Clara County Grand Jury Report
Recommendation 3
The City of Palo Alto should seek public input about the disposition of surplus
City-owned land before the City Council meets to discuss that property.
Finding 4a
The City of Palo Alto had not complied with its own Policy and Procedure 1-
48/ASD regarding the sale/transfer of surplus City-owned property when it
discussed, in closed session, the price and terms of an offer to purchase the Lee
Gift Deed Property.
Finding 4b
At the time of the closed session the Lee Gift Deed Property could not be sold
because of the deed restriction and because it had not yet been declared
surplus.
Recommendation 4
The City of Palo Alto should always comply with its own Policy and Procedure 1-
48/ASD regarding the Sale/Transfer of Surplus City-Owned Real Property.
Finding 5a
The March 5, 2012, City Council meeting was the first time the public was made
aware of a proposal to develop 27 University Avenue.
Finding 5b
The City of Palo Alto approved expenditure of Stanford University Medical Center
funds for the 27 University Avenue proposal before the public had the opportunity
for public debate on the proposal.
Recommendation 5
The City of Palo Alto should obtain early input from its constituency about
significant development proposals before allocating City funds to the proposals.
Finding 6
The City of Palo Alto does not consistently respond to requests for public records
in a timely manner.
15
Attachment A. Santa Clara County Grand Jury Report
Recommendation 6
The City of Palo Alto should consistently respond to requests for public records in
a timely manner.
Finding 7
The City of Palo Alto’s current system for tracking and documenting non-routine
PRR and the City’s response to the request fails to capture all requests or
responses.
Recommendation 7
The City of Palo Alto should re-examine its system for handling non-routine PRR
to ensure that it has a mechanism to evaluate compliance with the CPRA and its
own P&P.
16
Attachment A. Santa Clara County Grand Jury Report
APPENDIX
Documents Reviewed
Assessor’s Parcel Maps of APN 182-46-006 (7.7 acres of land adjacent to
Foothills Park) and APN 120-31-010 (27 University Avenue)
California Government Code §54222 et seq.15
The California Public Records Act, California Government Code §6250 et
seq.
The City of Palo Alto City Council Procedures and Protocols Handbook
The City of Palo Alto’s Policy and Procedures 1-11/ASD regarding the
Procedure for Leasing of City-Owned Real Property
The City of Palo Alto’s Policy and Procedures 1-43/CLK, effective September
2004, regarding Public Records Requests
The City of Palo Alto’s Policy and Procedures 1-48/ASD regarding
Sale/Transfer of Surplus City-Owned Real Property
The City of Palo Alto’s response to a Grand Jury request for a log of all public
records requests from 2011-2013
Documents from the City of Palo Alto website, including agendas, minutes,
and staff reports, associated with the 7.7 acres near Foothills Park
Documents from the City of Palo Alto website, including agendas, minutes,
and staff reports associated with the proposed development of 27 University
Avenue
The Gift Deed of 7.7 acres near Foothills Park from the Lee Family to the City
of Palo Alto
In excess of 300 pages of emails, newspaper clippings, letters, and staff
reports submitted by two of the complainants
The lease agreements of the 7.7 acres near Foothills Park
Photos of the 7.7 acres near Foothills Park
Portions of the Palo Alto City Charter
15 California law relating to the sale of public land
17
Attachment A. Santa Clara County Grand Jury Report
Portions of the Palo Alto Municipal Code
The Ralph M. Brown Act, California Government Code. §54950 et seq.
The responses from the City of Palo Alto to Public Records Act requests from
Grand Jury members
The Stanford University Medical Center (SUMC) Development Agreement
with the City of Palo Alto
Several architectural plans and renderings of 27 University Avenue
proposal(s)
Written responses by City of Palo Alto staff to written questions proposed by
the Grand Jury
18
Attachment A. Santa Clara County Grand Jury Report
h
This report was PASSED and ADOPTED with a concurrence of at least 12 grand
jurors on this 161 day of June, 2014.
Foreperson
Michael M. L
Foreperson pro tem
An1ta A. Robles
Secretary
ffkJ!kn
Wilma Faye nderwood
Secretary
Attachment B
City of Palo Alto’s Response to the Civil Grand Jury Report on Reduced Transparency and
Inhibited Public Input on Important Land Issues
Finding 1
From 1996 to 2005, the City of Palo Alto leased the Lee Gift Deed Property to an adjacent
landowner for construction staging even though the property was required to be used for
conservation, including parks and recreation.
RESPONSE:
The City agrees with the finding. The City notes that the officials and employees who took these
actions have long since left the City’s service.
Recommendation 1
The City of Palo Alto should adhere to use restrictions of all property donated to the City.
RESPONSE:
The City has implemented the recommendation. The City’s Real Estate Division has reviewed use
restrictions on donated property for consistency with current uses.
Finding 2
The City of Palo Alto leased the Lee Gift Deed Property without following its P&P 1-11/ASD
regarding the Procedure for Leasing of City-Owned Real Property.
RESPONSE:
The City agrees in part with the finding. This pertains to decisions made many years ago. Local law
allows the City Manager to enter into leases up to three years. (Palo Alto Municipal Code Section
2.30.210(h). Consistent with the Municipal Code, Policy & Procedure 1-11/ASD states that it does
not apply to short term leases.
The initial lease of the Lee Gift Deed Property – which was signed by a prior City Manager nearly
15 years ago – was a short-term lease. While it is true that the lease did not comply with P&P 1-
11/ASD, it is also true that under the Municipal Code and P&P 1-11/ASD, it was not required to do
so. The lease, however, was allowed to hold over beyond the authority of the prior City Manager.
At that point, both the Municipal Code and P&P 1-11/ASD required additional process, which did
not occur.
Recommendation 2
The City of Palo Alto should follow its P&P 1-11/ASD regarding the Procedure for Leasing of
City-Owned Real Property when leasing City-owned Real Property.
RESPONSE:
The City has implemented the recommendation. The City’s Real Estate Division has reviewed
short-term leases to ensure consistency with the City Manager’s authority and the Municipal Code
and P&P 1-11. Long-term leases are entered into in a manner that is consistent with P&P 1-
11/ASD.
Finding 3
On September 18, 2012, the City of Palo Alto held a closed session meeting, under the real- estate
negotiation exception to the Brown Act, to discuss price and terms of the sale of the Lee Gift
Deed Property. Prior to the meeting, the public was not aware that the City was considering the
sale of the Lee Gift Deed Property and had no opportunity for public debate on the future use or
sale of the property.
RESPONSE:
The City agrees in part with the finding.
Real property in Palo Alto is a valuable asset. It is not often that the City sells or even seriously
contemplates selling any of its real property assets. On the occasions when it does so, property
may be designated for sale after a survey that identifies the property as appropriate for sale
through the process described in P&P 1-48. But this is not the exclusive way in which a property
may initially be brought to City staff’s attention for potential sale. From time to time, a third
party (which may be a private individual, company, non-profit, educational institution or other
governmental entity) may approach the City to initiate discussions about a real property
transaction. In those situations, the City may preliminarily consider a specific offer as part of
determining whether to formally initiate the sale process as described in P&P 1-48.
When credible unsolicited offers are made for the purchase of City-owned property, City staff
has an obligation and a responsibility to bring those forward to Council for consideration. City
staff initiated the closed session on September 18, 2012, to inform and receive direction from the
Council regarding an unsolicited proposal by Mr. Arrillaga to purchase the Lee Gift Deed Property
for a specific price.
When Mr. Arrillaga made this proposal, it was not the first time that he had proposed to acquire
the Lee Gift Deed Property. Although the parcel is in a remote location and in the 2011-2012
timeframe was not familiar to current City staff or Council Members, Mr. Arrillaga in fact had a
long history of attempting to acquire the parcel. He was the neighboring landowner, and
between 1983 and 1996 had exclusive use and access to the parcel as the owner of the estate
initially reserved by the Lee family and then sold to Arrillaga. As noted above, Mr. Arrillaga
ccontinued to lease the property for almost 9 years from the City. Throughout the years, the City
of Palo Alto had responded to Mr. Arrillaga’s periodic questions about acquiring the parcel.
Beginning in late 2011, Mr. Arrillaga again began asking City staff about acquiring long-term access
to the parcel, either through a long-term lease or purchase. Staff intermittently answered his
questions about the procedures that would be required for long-term lease or purchase, including
Council action, an open public process, surplus property designation, significant consideration and
the ongoing need to comply with the deed restriction. Anticipating the need to provide
information to the Council, staff ordered an appraisal of the property, which was completed in
May 2012 and came in at $175,000. The City conducted an initial closed session on June 4, 2012.
The staff informed Mr. Arrillaga that it was not conceivable that the Council would consider selling
the parcel at that price, and that additional/offsetting parkland may need to be a factor to even be
considered and that possibility uncertain. The City later received a general proposal for funding
and construction of playing fields at the Baylands. The City also received a proposal to purchase
the Lee Gift Deed Property for $175,000. City staff had a responsibility to bring the purchase offer
to the Council for preliminary direction and did so on September 18, 2012.
Following the Closed Session and Council tours of the property, neither City staff nor the Council
elected to move forward to consider the sale of the property by placing an item on the Council’s
open session agenda.
Recommendation 3
The City of Palo Alto should seek public input about the disposition of surplus City-owned land
before the City Council meets to discuss that property.
RESPONSE:
The City has implemented the recommendation as described here. The City has implemented
procedures to ensure public debate about disposition of real property well before transactions
are finalized, and also understands that greater attention must be paid to open public process
early in any potential transaction. At the same time, a recommendation to always seek public
input before meeting lawfully in private to discuss a parcel of City-owned real property exceeds
the requirements of local and state law and should not be implemented in a manner that may
injure the public interest.
City law and policy do not dictate a uniform order of steps for initial consideration of complex
real property transactions. State law provides some flexibility as well. Consistent with City law
and policy and state law, the City’s staff should retain leeway to use their professional judgment
as to the order and timing of the various steps in order to best meet the public interest. While
the City should and will place increased emphasis on transparency, it must remain free to balance
that interest and the public interest in effective negotiations. Accordingly, Recommendation 3 will
be implemented in a manner that it is consistent with the public interest.
Finding 4a
The City of Palo Alto had not complied with its own Policy and Procedure 1-48/ASD regarding the
sale/transfer of surplus City-owned property when it discussed, in closed session, the price and
terms of an offer to purchase the Lee Gift Deed Property.
RESPONSE:
The City agrees with this finding. As of September 18, 2012, the City had not implemented the
procedures in P&P 1-48/ASD with respect to the Lee Gift Deed Property. In addition, the prior
history related to the Lee Gift Deed, dating back many years before but never implemented,
only became clear as part of research into the property by current staff, in response to Mr.
Arrillaga’s more recent interest. City staff have always been clear to all parties, including Mr.
Arrillaga and the Council, that to pursue a sale of the property, the City would have had to
comply with the procedures set forth in P&P 1-48.
Finding 4b
At the time of the closed session the Lee Gift Deed Property could not be sold because of the
deed restriction and because it had not yet been declared surplus.
RESPONSE:
The City agrees in part and disagrees in part with this finding.
Properties that are subject to deed restrictions are bought and sold with frequency. The
deed restriction on the Lee Gift Deed Property did not require that the property remain in
City ownership. It required only that the property be used for conservation purposes,
including parks and recreation. A private party, non-profit entity or other governmental
entity could comply with this deed restriction. There are many such parcels of land
throughout the Bay Area and the state. Thus the deed restriction did not prevent the City
from selling the property. The new owner would have been obligated to meet the deed
restriction.
If the City had decided to sell the property, it would have followed the procedures to declare
the property surplus. Because there was no interest in selling the property, these procedures
were not pursued.
Recommendation 4
The City of Palo Alto should always comply with its own Policy and Procedure 1-48/ASD
regarding the sale/transfer of surplus City-owned real property.
RESPONSE:
The City has implemented this recommendation. The City has not sold any properties without
following its procedures regarding the sale of surplus properties. The City has not sold any of its
interest in the Lee Gift Deed Property. In fact, on August 18, 2014, the City Council approved an
ordinance dedicating the Lee Gift Deed Property as parkland, and declaring it a part of Foothills
Park. The Parks and Recreation Commission is considering best uses for the property, consistent
with its status as parkland and the deed restriction.
Finding 5a
The March 5, 2012, City Council meeting was the first time the public was made aware of a
proposal to develop 27 University Ave.
RESPONSE:
The City agrees with this finding.
The property at 27 University Avenue is an important parcel that serves a gateway to the City’s
downtown, as well as a transition to El Camino Real and Stanford University. The parcel is the
site of complex transit connections. It has been the subject of numerous attempts over many
years to develop comprehensive planning solutions, including the work of the Dream Team
beginning in the 1990’s.
Developer John Arrillaga renewed those efforts beginning in 2011 and 2012. The City has already
acknowledged that the public process around this round of planning for 27 University Ave could
have been better, with the early start to this project flawed, despite good intentions. The City’s
intention was always to try to guide the preliminary concept in a better direction. While the
concept as initially described by Mr. Arrillaga was focused on new office buildings, the city saw
the opportunity to begin a master plan and redesign of the transit center and road network at
this gateway entrance to the City. There was also the potential to explore the addition of a major
public benefit through a regional community theater. The Grand Jury report acknowledges the
unique nature of this project: “the developer’s proposals represented an unprecedented
opportunity to address major traffic problems at an intersection where little change has taken
place for many years, despite decades of planning attempts.” The City’s efforts were directed
toward shaping the proposed concept into an improved design in order for the public to have a
concrete concept on which to comment.
Finding 5b
The City of Palo Also approved expenditure of Stanford University Medical Center funds for the
27 University Avenue proposal before the public had the opportunity for public debate on the
proposal.
RESPONSE:
The City agrees in part with this finding and disagrees in part. The Stanford University Medical
Center funds were specifically designated to be used to develop pedestrian and bicycle
connectivity projects between the intermodal transit center and the existing intersection at El
Camino Real and Quarry Road. The City agrees that the first allocation of these funds occurred
with only general details about a proposal from John Arrillaga, for which these funds were
intended to be used to allow the City to steer a potential design into alignment with urban design
goals for any potential project. (March 5, 2012). The City disagrees in that the second allocation of
funding (which included funding from the Intermodal Transit Funds and from the Stanford
Infrastructure Funds, with Stanford concurrence) took place on September 24, 2012, following
Council discussion and action on the massing concepts for 27 University, letter of intent with
TheatreWorks, and preparation of potential advisory ballot measure for Council consideration.
Recommendation 5
The City of Palo Alto should obtain early input from its constituency about significant
development proposals before allocating City funds to the proposals.
RESPONSE:
The City has implemented this recommendation, as described here.
Early input from constituents is critically important. City staff is placing an increased emphasis on
early and effective public engagement in planning efforts. At the same time, it is sometimes true
that complex concepts require preparation in order for the public to have significant substantive
material to react to and provide input on. This may require staff and consultant time for
preparation.
Finding 6
The City of Palo Alto does not consistently respond to requests for public records in a timely
manner.
RESPONSE:
If the finding intends to state that the City’s public records practices are not perfect in every case
and could be improved, the City agrees.
If the finding intends to state that the City’s practices fall outside reasonable, customary and
even best practices in this arena, the City disagrees. The City receives many requests for routine
information every single day and does a good job of responding promptly to the public. Formal
requests under the Public Records Act come from many different points across the City
organization. For formal Public Records Requests, we recently have added an FAQ and a request
form to the Public Records Request webpage that can be submitted online to better track
requests. The City also receives Public Records Requests via email, traditional mail and orally,
which often need to be coordinated internally to ensure appropriate departments are responding.
The City strives to provide an initial response to Public Records Requests within ten days and
generally meets this standard.
Recommendation 6
The City of Palo Alto should consistently respond to requests for public records in a timely
manner.
RESPONSE:
The City has implemented this recommendation. In addition to the FAQ and online form that have
been implemented to increase coordination and accountability, the City is exploring additional
software solutions to automate tracking and responses to Public Records Requests. Additional
training for City staff is also being planned.
Finding 7
The City of Palo Alto’s current system for tracking and documenting non-routine PRR and the
City’s response to the request fails to capture all requests or responses.
RESPONSE:
The City agrees with this finding. While the City’s system does a reasonably good job of capturing
most requests and responses, the City agrees that its current system does not capture all requests
and responses and could be improved. The City is evaluating additional software solutions in this
area.
Recommendation 7
The City of Palo Alto should re-examine its system for handling non-routine PRR to ensure that it
has a mechanism to evaluate compliance with the CPRA and its own P&P.
RESPONSE:
The City is implementing this recommendation. The City is in the process of evaluating software
systems to better track requests, assist in streamlining and coordinating responses, prompt
timely responses, and support the efforts of City staff to comply with the Public Records Act.
Attachment C.
Palo Alto Municipal Code Section 2.30.21.0
2.30.210 City manager contract award authority.
The city manager may award and sign the following contracts:
(h) Contracts to rent, lease, or license city property to other parties. The
authority granted under this section is distinct from the authority of the director
of community services to grant individuals and groups permits for the exclusive
use of buildings, facilities and areas of city parks and open spaces described in
Title 22 of this code. The city manager may award and sign contracts to rent,
lease or license city property to other parties regardless of the price for a term
not exceeding three years. Notwithstanding the preceding sentence, the city
manager may enter into and sign contracts to rent, lease or license property at
the Cubberley site for terms up to five years.
(Ord. 4827 § 1 (part), 2004)
POLICY AND PROCEDURES 1-11/ASD Revised: October 2006
LEASED USE OF CITY LAND/FACILITIES
POLICY STATEMENT The purpose of this policy is to ensure that decisions regarding use of City real property are
made in the best interests of the citizens and taxpayers of Palo Alto.
The development and operation of facilities by others (profit and/or non-profit entities) on City-owned property is appropriate only when such development and operation will further public use or provide a public benefit. Such facilities and operations must be consistent with existing City
policies, plans, services and/or procedures. Open competitive and/or bid processes will be used
to solicit proposals or provide opportunities to others prior to awarding an Option to Lease. This
policy shall not apply to short-term interim leases where no significant change in use is proposed
PROCEDURE
A. Criteria for Permitting Leased Use of City Property by Others
The proposed leased use must be compatible with, incidental to, and/or supportive of, the primary public use of the City-owned property, e.g. a snack stand in a district park, or the pro
shop and coffee shop at the Golf Course.
In the event of park dedicated land, the proposed use shall be consistent with the provisions set forth in the Charter of the City of Palo Alto, Article VIII, and the Palo Alto Municipal Code (PAMC), Sections 22.04 and 22.08 et. seq., which require that uses of park dedicated land be
park, playground, recreation or conservation related uses.
B. Option to Lease
In all cases where there are significant approval requirements (significant tenant construction
and/or rehabilitation), financing requirements (fundraising drives, obtaining financing from
lending institutions, etc.), or other tenant pre-operation conditions, the Council shall award an
Option to Lease setting forth all pre-construction/operation conditions as conditions to the tenant's obtaining the lease. The option term shall be for a reasonable period of time consistent
with the nature of the conditions of the option.
Prior to awarding an Option to Lease for a specific use, consideration shall be given to particular
information. (Specific application and the relative importance of each of the following considerations will vary from site to site and by specific uses proposed.) Applications for leased
use shall provide the following information:
1. The extent to which the proposed leased use satisfies a public need (e.g., by a
significant number of Palo Alto residents and taxpayers) for the proposed services and/or uses.
Page 1 of 4
POLICY AND PROCEDURES 1-11/ASD Revised: October 2006
2. Consistency of the proposed use with existing City goals and objectives (set forth
in the Comprehensive Plan, Zoning Ordinance, Municipal Code, and general
municipal services objectives).
3. Consistency of the proposed use with existing plans for the property or facility (e.g., an approved Master Plan).
4. The impact of the proposed use (compatible services and uses, traffic impacts,
noise impacts, energy conservation, etc.) upon: a. the immediate neighborhood;
b. the community generally; and
c. the environment (The proposed tenant shall, during the Option period, satisfy the City's environmental review process.)
5. The degree of public access, including City shared use of the facility or co-
sponsorship of programs and/or services, i.e. the numbers of people, especially Palo Alto residents and taxpayers, that will be served by the proposed use and/or service. (It is the general intent of the City to maximize public access to its
facilities and services, especially if park land is involved.)
6. The fees that will be charged to Palo Alto citizens. (It is the intent of the City to provide public access to its facilities at prices and/or fees that are fair and reasonable to the public. In the case of parklands, any fees and charges should be
minimum and consistent with the fees and charges of comparable City-provided
services.)
7. The monetary consideration to be provided to the City.
8. The history and assessment of the proposed group's ability to carry out the
construction, if any, and operation of the facility and services as proposed.
9. A five-year pro-forma financial analysis of the proposed use, setting forth the
project revenues and expenses for this period of time.
Page 2 of 4
POLICY AND PROCEDURES 1-11/ASD Revised: October 2006
C. Public Notification
1. Prior to awarding an Option to Lease (or Lease if there are no pre-construction or pre-operation conditions), the City shall provide a reasonable and appropriate opportunity to other groups or entities to respond to possible use of City facilities.
Such reasonable and appropriate opportunities shall take one of the following
forms:
a. A Notice of Intent to Award an Option to Lease (or Lease if there are no pre-construction or pre-operation conditions) generally outlining the
conditions of the Option and Lease, shall be published twice in a local
newspaper of general circulation. The Notice shall provide at least 30 days
notice to the public prior to a public hearing for Council action to award the Option to Lease. In addition, copies of the notice shall be mailed to property owners and tenants within 300 feet of the subject property in
accordance with Section 18.77.080(d) of the Palo Alto Municipal Code
(PAMC).
b. A Request for Proposals will be sent to groups or entities likely to have an interest in submitting a proposal, subsequent to a public hearing and
Notice of Intent to Request Proposals being published in the appropriate
media. At a minimum, the Notice of Request for Proposals shall be
announced in a local newspaper of general circulation and copies of the notice mailed to property owners and tenants within 300 feet of the subject property in accordance with PAMC Section 18.77.080(d). The Notice
shall provide at least 30 days notice to the public prior to the public
hearing.
2. The City’s Real Estate Division shall be responsible for the public notification by
mail and newspaper in accordance with either C(1)(a) or (b) above.
D. Tenant Improvements
1. Construction of tenant improvements shall take place only after Council approval
(as well as Planning Commission and Architectural Review Board approval when
otherwise required by City procedures) of plans for such tenant proposed
construction is obtained. In the event of park dedicated lands, Council approval
shall be obtained by ordinance subject to referendum (PAMC Sections 22.08.005 and 22.08.006).
2. Generally, improvements to the real property shall become the property of the
City upon termination of the Lease. Tenant-provided fixtures shall remain the
property of the tenant.
Page 3 of 4
POLICY AND PROCEDURES 1-11/ASD Revised: October 2006
E. Terms of the Lease
1. Tenant shall be required to provide the City with adequate compensation for the
rights granted by the City to the Tenant. Determination of appropriate
consideration shall begin with the estimated fair market rental value of the lease premises for the use proposed. Consideration shall, however, be given to non-monetary benefits to be provided by the tenant. These proposed non-monetary
public benefits must be clearly articulated and must provide an actual benefit to a
significant portion of the citizens and taxpayers of Palo Alto.
2. The lease term shall be the minimum period of the time required to:
a. amortize tenant's investment in any permitted and approved tenant
construction; and
b. be consistent with the nature of the proposed tenant operation.
NOTE: Questions and/or clarification of this policy should be directed to the Administrative
Services Department
Page 4 of 4
POLICY AND PROCEDURES 1-48/ASD Effective: October 2006
PROCEDURE FOR SALE/TRANSFER OF SURPLUS CITY-OWNED
REAL PROPERTY
POLICY STATEMENT
It is the policy of the City of Palo Alto that the disposal of City real property be
accomplished through a public bid process. The process involves notification of City
departments and public agencies prior to the City Council declaring any property to be
surplus. To assure the highest return for sale of its assets, the process involves an appraisal of fair market value and an open and competitive bid process. The City Council
may reject any or all bids and accept that bid which will, in its opinion, best serve the
public interest.
PROCEDURE A. The Real Property Manager shall identify potential surplus City real property by:
1) Conducting periodic reviews of the Real Property Inventory; and/or
2) Notification from City departments which no longer have use for a
particular property.
B. Upon identifying a potential surplus real property, the Real Property Manager shall:
1. Notify City departments that the property may be available for
their use, subject to Council approval as outlined below. 2. In accordance with Government Code Section 54222, notify
public agencies of the property’s availability for sale.
C. The Real Property Manager shall forward information about the property together with the responses from other departments and the public agencies referred to in #B2 above to the Council with a staff recommendation to:
1. Formally declare the real property surplus and instruct the Real
Estate Division to dispose of the property using open bid procedures; or
2. Transfer control of the property to one or more other City
departments; or
3. Negotiate an agreement with one of the public agencies referred
to in #B2 above.
POLICY AND PROCEDURES 1-48/ASD Effective: October 2006
D. Should the decision be to declare the property surplus and sell it by bid:
1. The Real Estate Division shall appraise (or have appraised) the
property to determine a minimum bid.
2. The Real Estate Division shall prepare a “Bid Proposal Package”
to be placed on the Council Consent Calendar for approval.
3. Upon approval by the Council, the Real Estate Division shall:
a. Place an ad in the Real Estate Section of the
local newspapers.
b. Send flyers advising of the offering to all
interested parties and persons on the Real Estate Division “Surplus Property Mailing List.”
c. Send the Proposal Package to persons
expressing further interest in the offering.
4. The bid opening shall be scheduled by the Real Property
Manager and the Manager, Purchasing and Contract
Administration. At the bid opening the Purchasing Division
shall:
b. Open Sealed Bids
c. Accept oral bidding beginning at 5% above the highest
written bid.
5. The Real Estate Division shall forward the results of the bidding
to the Council with staff recommendation regarding an award of
deed.
6. The City Council may reject any or all bids and accept that bid which will, in its opinion, best serve the public interest.
Note: Questions and/or clarifications of this policy should be directed to the
Administrative Services Department.
City of Palo Alto (ID # 5013)
City Council Staff Report
Report Type: Action Items Meeting Date: 9/8/2014
City of Palo Alto Page 1
Summary Title: Rejection of Golf Course Construction Bids
Title: Rejection of Construction Bids for the Palo Alto Municipal Golf Course
Reconfiguration Project and Adoption of a Budget Amendment Ordinance in
the Amount of $708,495 in Revenues and $168,036 in Expenses to Operate
the Golf Course From September 1, 2014 to February 28, 2015, and Establish
an FY 2016 Golf Course Operating Loss Reserve from the Net Revenue of Golf
Course Operations in the Amount of $540,459
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1.Reject all construction bids received on April 15, 2014 for construction of
the Palo Alto Municipal Golf Course Reconfiguration Project (Project),
Capital Improvement Program Project PG-13003; and
2.Direct staff to re-advertise the Project for competitive bids in late 2014 in
order to start construction of the Project in March 2015, contingent on
securing the regulatory permits needed for the Project; and
3.Adopt the attached Budget Amendment Ordinance (BAO) (Attachment A)
amending the Community Services Department operating budget in the
amount of $708,495 in revenues and $168,036 in expenses to fund
operation of the Golf Course from September 1, 2014 to February 28, 2015
and establish an FY 2016 Golf Course Operating Loss Reserve in the General
Fund in the amount of $540,459.
Executive Summary
City of Palo Alto Page 2
On June 23, 2014, the City Council conditionally authorized staff to execute a
contract with Duininck, Inc. to begin the Golf Course Reconfiguration Project
(Project) if approval of the required regulatory permits for the Project was
imminent. During the summer, staff continued to work with the regulatory
agencies in an effort to obtain the permits, but these efforts have not been
successful to-date. Staff has now determined that it is no longer feasible to begin
construction of the Project in the current construction season, and that
construction must be postponed until at least Spring 2015.
This report recommends that Council reject the April 2014 construction bids,
direct that the Project be rebid in late 2014, and approve a BAO to reflect that the
Golf Course is now expected to remain open through at least February 2015.
Rebidding of the Project will be contingent upon first obtaining the required
regulatory permits. The San Francisco Bay Regional Water Quality Control Board
(Water Board) continues to tie certification of the Project to the outcome of the
San Francisquito Creek Joint Powers Authority’s (JPA) permit application for its
Bay-to-Highway 101 Flood Protection Project. On August 29, 2014, the Water
Board Executive Officer issued a new notice of incomplete application letter to
the JPA, creating even greater uncertainty regarding the timing of Water Board
certification of the Project. This report also updates the Golf Course financial
projections to reflect the change in Project implementation schedule, as well as
more conservative assumptions about the projected post-Project increase in
annual rounds played that affect future revenues.
Background
On February 24, 2014, a notice inviting formal bids (IFB) for the Project was
posted at City Hall and sent to four pre-qualified golf course builders for a bidding
period of 50 days. Bids were received from all four contractors on April 15, 2014,
as listed on the attached Bid Summary (Attachment B). The bid of $8,987,809
was submitted by Duininck, Inc., who was determined to be the lowest
responsible bidder for construction of the Project. Because the bids received
were higher than the initial Project budget, staff worked with Duininck, Inc. to
identify cost-saving changes that could be made to the project design in order to
reduce construction costs and negotiated a deductive change order that would
have eliminated or modified several non-essential components of the project
without affecting its functionality.
City of Palo Alto Page 3
On June 23, 2014, staff presented the Project construction bids to Council and
secured conditional Council authority to award the contract and the deductive
change order to Duininck, Inc. The authority to award the contract was
conditioned on staff’s ability to secure the regulatory permits required to
construct the Project before Duininck’s bid expired on July 13, 2014.
Implementation of the Project will require the acquisition of regulatory permits
from state and federal resource agencies. Specifically, the Project requires a
Section 404 Permit from the U.S. Army Corps of Engineers (Corps) (which also
involves consultation with the U.S. Fish and Wildlife Service with respect to
potential impacts to federally-listed endangered species) and a Section 401 Water
Quality Certification from the Water Board. Permit applications for the Project
were submitted on December 23, 2013. As described to Council during the June
23rd Council meeting, it has proved to be extremely challenging to secure the
required permits for the Project, particularly the Water Quality Certification from
the Water Board.
Since the initial submittal of permit applications, staff has received three
sequential letters from the Water Board (dated January 16, February 28, and
May 1, 2014) in response to our permit application, citing “deficiencies” with the
application. Staff has submitted a series of letters to the Water Board (dated
January 31, April 7, and May 16, 2014),responding to each of the items cited in
the three deficiency letters. In spite of repeated efforts to provide supplementary
information and justification to help resolve the Water Board staff’s outstanding
issues and the City Manager’s personal entreaties to the Executive Officer of the
Water Board,requesting his personal intervention to expedite the permitting
process, the Water Board has still not deemed the City’s application to be
complete, and the Water Board will not provide us with a clear road map and
timeline to achieve the required project permit.
The primary contentious issue that has delayed issuance of the Water Quality
Certification for the Project is the Water Board staff’s insistence on withholding
the Certification until they have certified the San Francisquito Creek Joint Powers
Authority’s (JPA) Bay-to-Highway 101 Flood Protection Project. Water Board staff
continue to request that more of the City-owned Golf Course land be made
available for creek widening because they believe that a widened creek would
reduce the volume of creek overflow into the environmentally-sensitive Faber
City of Palo Alto Page 4
Tract marsh and thereby lessen impacts to endangered species that inhabit the
marsh.
The JPA staff and their technical consultants have provided ample evidence that a
widened channel would not provide environmental or flood protection benefits,
but the Water Board staff continue to debate the issue. The Water Board staff
has been unwilling to issue the Certification for the Project to-date because of
their concern that approving the footprint of the Golf Course reconfiguration
would preclude further expansion of the creek into the Golf Course. At a formal
meeting of the Water Board on August 13, 2014, Water Board members
encouraged the Board’s Executive Officer to quickly resolve any issues in
permitting the JPA’s flood protection project. In spite of this Board guidance, on
August 29, the Executive Officer issued a lengthy notice of incomplete application
letter in response to the JPA’s resubmittal of its permit application in July. As of
the date of this report, JPA staff and their consultants have not yet determined
the significance of the issues raised in the letter to the ultimate JPA project
certification decision and timeline. In any case, it is clear that the August 29 letter
will further delay the issuance of water quality certification for the JPA flood
protection project, which in turn will delay Water Board action on the City’s
application for the Project.
Discussion
Rejection of April 2014 Construction Bids and Rebidding of the Project
Duininck, Inc. has been very cooperative and has continued to work closely with
staff to explore options for implementing the Project in spite of the permit-
related delays. It agreed to extend its bid for an additional 30 days (to August 13,
2014) in exchange for compensation for material cost increases that it has
incurred since its bid was submitted on April 15, 2014 (approximately $28,000)
and a contract time extension commensurate with the delays to the Project start
date.
After months of concerted efforts to find a way to award a contract with Duininck,
Inc. and proceed with the implementation of the Project, staff has concluded that
it is not practical to do so and is hereby recommending that Council reject the
bids received on April 15, 2014 and start a new bidding process once regulatory
permits are in-hand.
City of Palo Alto Page 5
The primary reason for postponing the Project is the uncertainty surrounding our
inability to secure the required regulatory permits. Without the permits in-hand
or a clear schedule for when the permits will be issued, staff is not able to give the
contractor a reliable start date for the Project. In addition, so much of the 2014
construction season has been lost that it unlikely that the Project can be
completed prior to August 1, 2015 as originally contemplated. There is not
sufficient time remaining in 2014 for the contractor to complete a significant
percentage of the grading and earthwork prior to the onset of the winter storm
season.
Delaying a large portion of the earthwork until spring 2015 will in turn delay
subsequent construction tasks, most notably the planting of the new turf grass. If
the grass is not planted prior to mid-Summer 2015, it will not take hold and
mature enough to allow the Golf Course to reopen for play before the grass
enters its dormant period, which starts in early Fall and extends through the
following Spring. Since the grass does not grow and thicken during its dormancy,
delays in planting the grass beyond mid-Summer 2015 effectively delays the Golf
Course opening date well into Summer 2016. We can achieve the same Golf
Course reopening date and shorten the duration of construction by starting the
work in March 2015, which enables the contractor to follow an optimized
schedule that provides for grading and earthwork during the dry season and
planting of the grass at the ideal time of year. This timeline is the best-case
scenario based on current conditions and is contingent on first securing the
necessary regulatory permits. Continued delays in permitting for both the JPA
flood protection project and the Project would significantly jeopardize our ability
to begin the work in March 2015.
Rebidding the Project may result in higher bid prices. Prices of irrigation
equipment have increased over the past year and the improving economy has
increased the number of golf course projects in construction, which has in turn
driven up bid prices. Although it is difficult to predict the prices that contractors
will bid when the Project is again advertised for competitive bids, staff estimates
that bids may increase by up to 10%or approximately $957,000. Staff will
endeavor to keep bid prices as low as possible by conducting a new round of
bidder pre-qualification in hopes of attracting new qualified golf course builders
to the bidders pool and by rebidding the project in late Fall 2014, before golf
course builders have identified and committed to other golf course construction
City of Palo Alto Page 6
work in 2015. The proposed best-case Project rebidding schedule is outlined in
the Timeline section of this report.
Budget Amendment Ordinance for Extended Golf Course Operation in FY 2015
The Golf Course was modified and shortened in mid-2013 to accommodate the
stockpiling of imported soil for the Project and the JPA’s Flood Protection Project.
It was assumed during the development of the FY 2015 budget that the Golf
Course would be closed during the entire fiscal year. With the delay in securing
the permits from the Water Board and the related delay in the start of Project
construction, the City Council approved a BAO on June 23, 2014 that increased
revenues and expenditures by $324,000 to keep the Golf Course open during the
first two months of the fiscal year.
With the further postponement of the Project until at least March 2015, staff is
recommending that the Golf Course remain open to the public in its interim state
for an additional six months. Although the Golf Course has been incurring
operational losses since the course was shortened, the delay in the start of
construction will result in decreased financial losses for FY 2015 because the
financial losses under the open course scenario are less than those incurred when
the course is closed. Staff is therefore recommending that Council adopt another
BAO amending the Community Services Department operating budget in the
amount of $708,495 in revenues and $168,036 in expenses to fund Golf Course
operations from September 1, 2014 to February 28, 2015. The reason the
expenses to operate the Golf Course for an additional six months are not higher
than $168,036 is because the approved Golf Course budget has funds allocated
for what was to be the grow-in and maintenance of the new turf during the
March through June 2015 period.
These funds for the grow-in and maintenance of the new turf are no longer
needed this fiscal year and are being reallocated to help fund the operation of the
golf course for the additional six months. In addition, staff is also recommending
that a FY 2016 Golf Course Operating Loss Reserve be established in the General
Fund in the amount of $540,459, utilizing the FY 2015 net revenue increase from
Golf Course operations to offset anticipated FY 2016 operating losses due to
anticipated closure of the Golf Course in FY 2016. See Attachment C for Golf
Course Budget Amendment Ordinance Financial Statement.
City of Palo Alto Page 7
Updated Golf Course Pro Forma
The delay in Project implementation also impacts financial projections beyond the
current fiscal year. Based upon the currently projected Project implementation
scenario, staff has prepared revised projections for the performance of the Golf
Course in the five years following completion of construction of the Project (see
September 2014 pro forma, Attachment D). Staff’s updated projections of the
performance of the Golf Course are more conservative than those provided in the
National Golf Foundation (NGF) 2012 financial analysis. Staff believes that
adjusting the pro forma to be more conservative in the first five years after the
Project is prudent because the more time that elapses since the 2012 NGF
projections were prepared, the less reliable the projections are likely to be.
Further, due to the delay of the Project and the anticipated higher construction
cost, the City will likely need to incur higher debt, and the annual debt service is
expected to increase by approximately $46,500. While the Golf Course may in
fact perform as well or even better than the NGF projections, staff has provided a
more conservative projection as a cautionary measure in the revised Golf Course
pro forma. The reconfigured Golf Course is still anticipated to fully recover
operating costs by the second year after reopening, but by less optimistic margins
than those projected by NGF.
In order to clarify what the construction delay is estimated to cost, staff has
included the more conservative growth of golf play after re-opening in both the
current and prior pro forma. This approach shows that the delayed Project
implementation schedule, under which the construction of the Golf Course
Reconfiguration Project begins in March 2015 and concludes by September 2016,
is estimated to result in a $645,000 increase in net losses over the next three
fiscal years (2015 -2017). More details of the budget impacts are provided in the
Resource section of the staff report.
Timeline
Staff recommends the revised milestone dates below for the rebidding and
implementation of the Golf Course Reconfiguration Project. These dates are
based on the optimal construction season window, and will not be feasible if the
permitting issues for the Project are not resolved in the next two months.
City of Palo Alto Page 8
September 15, 2014:Issue a Request for Qualifications (RFQ) seeking
additional golf course builders to qualify for pre-
qualified status. (The four firms already pre-qualified
will retain their favored status.)
October 14, 2014:Due date for contractor pre-qualification submittals
November 3, 2014:Advertise project for construction bids
December 16, 2014:Bid opening date
January 12, 2015:City Council award of construction contract
February 2, 2015:Issue Notice to Proceed to contractor
March 2, 2015:Close Golf Course, begin construction activity
September 1, 2016:Open Baylands Golf Links for public use
Resource Impact
The resource impact, resulting from the need to delay the Project start until
March 2015, as described in the discussion, spans three fiscal years and is
summarized below. There are impacts to the operating budget of the Golf Course
and the Project budget.
With regard to the operating budget, estimated net losses are expected to
decrease by $540,439 in FY 2015, increase by $792,000 in FY 2016 and increase by
$393,000 in FY 2017. The total change from the previous projections is an
increase in net losses of $645,000 over three fiscal years (between FY2015 and FY
2017). This calculation includes revisions to both the current and previous Golf
Course pro forma to include a more conservative growth trend in golf rounds
played after re-opening as well as a higher annual debt service. The increase in
the annual debt service is due to the anticipated higher construction costs of
approximately 10% ($957,000) which will require a higher debt issuance amount.
While the Golf Course may perform better than projected staff believes it is
prudent to moderate the out year projections as a cautionary measure given the
City of Palo Alto Page 9
delays in the project. For details of the current pro forma see Attachment D. The
current pro forma is also summarized in Table A below.
Below are three tables summarizing a) the current Golf Course pro forma, b) the
prior Golf Course pro forma, revised to reflect a more conservative growth trend
after re-opening the Golf Course, and c) the June 23, 2014 projections.
In the past, staff has provided four alternative scenarios of how the Golf Course
may perform following completion of the Project, with scenarios of reduced
rounds of play and/or reduced fees due to market conditions, as presented in
Table C below. Table A represents the scenario that staff believes to be most
likely at this time, which assumes some of the prior sensitivity analysis regarding
slower growth in golf play after the Golf Course reopens. The performance of the
Golf Course in FY 2017 –21 will depend on many factors, including the quality of
the completed golf course and the subsequent maintenance program,
performance of the pro shop and on-site golf professional, performance of the
restaurant, along with broader economic conditions and the quality and
performance of other local golf courses.
Table A)
Current Pro forma –Revised to include project delay, BAO to operate the Golf Course through FY 2015,
increased project costs and subsequent increased debt and a more conservative growth after re-
opening the Golf Course. In thousands of dollars.
Scenarios FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021
Revenue 1,759 1,212 170 2,252 3,010 3,097 3,184 3,271
Expenses (2,362)(2,044)(1,667)(2,875)(2,993)(3,047)(2,876)(2,916)
Net Loss/
Income
(603)(831)(1,496)(623)16 51 308 354
Rounds of
Golf
47 31 0 49 67 69 71 73
Table B)
Previous Pro Forma from June 23, 2014 Council meeting -Revised to include a more conservative
growth after re-opening the Golf Course as assumed in the “Current” Pro Forma Table A above. In
thousands of dollars.
Scenarios FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021
Revenues 1,765 504 2,239 2,894 3,257 3,357 3,393 3,425
Expenses (2,461)(1,875)(2,943)(3,124)(3,232)(3,257)(2,854)(2,885)
City of Palo Alto Page 10
Net Loss/
Income
(696)(1,371)(704)(230)25 100 539 540
Rounds of
Golf
46 10 49 67 69 71 73 75
Table C) Pro Forma from June 23, 2014 meeting:
Scenarios 2014 2015 2016 2017 2018 2019 2020 2021
Base-Projection (696)(1,344)(444)174 324 333 772 777
Sensitivity Analysis:
1. Lower Rounds (696)(1,344)(883)(366)(176)23 460 468
2. Lower Fees (696)(1,344)(561)25 164 172 610 620
3. Lower Fees/Rounds (696)(1,344)(910)(485)(307)(120)315 317
With regard to the project construction budget, while difficult to predict prior to
rebidding, the City is at risk of the lowest competitive rebid being higher than the
previous April 2014 lowest bid. If for example the bid of the lowest responsible
bidder increased by 10%, this would translate into a $957,000 increase in project
costs to be funded by Golf Course debt service. This potential increase in project
costs and subsequent increase in the annual debt service amount are assumed in
the current projections above (Table A).
In addition to the impacts above, there are also staff time impacts. There
continues to be considerable time spent following up with the regulatory agencies
to secure needed regulatory permits, and there will also be staff time needed to
rebid the Project, evaluate bid submittals and draft a new contract for Council
consideration.
Environmental Review
An Environmental Impact Report (EIR) was prepared to evaluate the proposed
potential impacts of the Palo Alto Municipal Golf Course Reconfiguration Project
and to identify the appropriate mitigation measures in accordance with the
provisions of the California Environmental Quality Act (CEQA). Council, acting on
behalf of the City of Palo Alto in its role as lead agency for purposes of CEQA,
adopted a resolution on February 3, 2014, certifying the final EIR for the project.
City of Palo Alto Page 11
Attachments:
·A -Budget Amendment Ordinance (DOC)
·B -Bid Summary (PDF)
·C -Golf Course Financial Statement (PDF)
·D -Updated Golf Course Pro Forma (PDF)
Attachment A
ORDINANCE NO.xxxx
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE GENERAL FUND BUDGET FOR FISCAL YEAR
2015 TO INCREASE GOLF COURSE REVENUE ESTIMATES BY
$708,495, PROVIDE AN ADDITIONAL APPROPRIATION OF
$168,036 IN THE COMMUNITY SERVICES DEPARTMENT
BUDGET FOR GOLF COURSE OPERATIONS, AND ESTABLISH AN
FY 2016 GOLF COURSE OPERATING LOSS RESERVE FOR
FUTURE GOLF COURSE OPERATIONS FROM THE NET REVENUE
OF GOLF COURSE OPERATIONS IN THE AMOUNT OF
$540,459.
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto 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 16, 2014 did adopt a budget for Fiscal Year 2015; and
B.As part of the approval of the Fiscal Year 2014
Adopted Capital Budget, the City Council approved the Golf
Course Reconfiguration Project; and
C. The Fiscal Year 2015 Adopted Operating Budget assumed
the closure of the Golf Course effective July 1,2014; and
D.In anticipation of the Golf Course Reconfiguration
Project, the City applied for permits from the State Water
Board; and
E. Due to delays in receiving permit approval which has
delayed construction as well as contractual obligations with
the City’s concessionaires at the Golf Course,in June 2014
the City Council authorized an additional appropriation of
$324,800 offset by commensurate revenues to keep the Golf
Course open for a two-month period to allow the State Water
Board to issue regulatory permits; and
F. Due to continued delays in receiving permit approval,
staff has rejected all bids for the Golf Course
Reconfiguration Project and will reissue a Request for
Proposals (RFP) in the fall of 2014, for a projected
construction start date of March 1, 2015; and
G. Therefore, staff is requesting an additional
appropriation to keep the Golf Course open through February
2015; and
H. In anticipation of future needs due to the closure of
the Golf Course, establish an FY 2016 Golf Course Operating
Loss Reserve in the General Fund from the net revenue from
Golf Course Operations.
SECTION 2.The revenue estimate for Charges for Services in
the Community Services Department for Golf Course operations is
hereby increased by Seven Hundred Eight Thousand Four Hundred
Ninety Five ($708,495).
SECTION 3.The Community Services Department expenditure
budget for Golf Course operations is hereby increased by One
Hundred Sixty Eight Thousand Thirty Six ($168,036).
SECTION 4.A Golf Course Operating Loss Reserve is hereby
established in the General Fund in the amount of Five Hundred Forty
Thousand Four Hundred Fifty Nine ($540,459).
SECTION 5. As specified 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 6. As provided in Section 2.04.330 of the Palo Alto
Municipal Code, this ordinance shall become effective upon
adoption.
SECTION 7.The actions taken in this ordinance do not
constitute a project requiring environmental review under the
California Environmental Quality Act (CEQA).
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
City Attorney Director of Community Services
Director of Administrative
Services
Attachment B
BAYLANDS GOLF LINKS – PALO ALTO
BID SUMMARY
Dunnick Wadsworth
Landscapes
Unlimited Frontier
Item Quantity Units Unit Cost Total Bid Item Quantity Unit Unit Price Bid Amount Bid Amount Bid Amount Bid Amount
1 Mobilization/Bond (NTE 1.5% of Total Bid) 1 LS $105,000 $105,000 1 1 LS $133,000 $133,000 $141,400 $67,500 $128,500
2 Staking/Layout 1 LS $35,000 $35,000 2 1 LS $120,000 $120,000 $88,500 $45,000 $24,485
3 Existing Tree Protection 120 ea $65 $7,800 3 1 LS $75,000 $75,000 $48,493 $29,000 $57,800
4 Construction Mitigation Measures Cost Estimate 1 LS $30,000 $30,000 4 1 LS $85,000 $85,000 $10,000 $38,000 $228,670
Schedule 1 Total $177,800 Subtotal $413,000 $288,393 $179,500 $439,455
5 Demo Cart Paths/Bury 1 LS $54,500 $54,500 5 1 LS $25,000 $25,000 $40,963 $42,500 $138,400
6 Demo Existing Features 1 LS $54,000 $54,000 6 1 LS $35,000 $35,000 $10,000 $15,500 $34,720
7 Tree Removal/Bury 650 Ea $100 $65,000 7 1 LS $115,000 $115,000 $156,730 $95,000 $59,808
Schedule 2 Total $173,500 Subtotal $175,000 $207,693 $153,000 $232,928
8 Strip Existing Sod, Bury or Till 135 AC $400 $54,000 8 1 LS $25,000 $25,000 $40,000 $55,000 $179,840
9 Baylands Areas/Pond Earthwork (cuts) 70000 CY $2 $112,000 9 1 LS $201,000 $201,000 $166,500 $116,768 $227,025
10 Fairway Topsoil Management (Harvest /place Sand Cap) 38000 CY $3 $106,400 10 1 LS $135,000 $135,000 $260,000 $174,420 $485,360
11 Place Import Fill from Stockpile 60000 CY $3 $162,000 11 1 LS $225,000 $225,000 $325,000 $356,000 $158,500
12 Oversee/Shape GC Placement of Import by Others 260000 CY $1 $260,000 12 1 LS $185,000 $185,000 $520,000 $390,000 $279,030
Add unit fopr import 13 10000 cy $3 $30,000 $32,500 $35,600 $17,300
Deductive unit for export 14 -10000 cy $1 -$10,000 -$32,500 -$13,000 -$17,300
13 SWPPP & Winter-Over Construction 1 LS $70,000 $70,000 15 1 LS $140,000 $140,000 $301,542 $290,000 $60,500
14 Rough Shaping 20 Holes $6,300 $126,000 16 1 LS $175,000 $175,000 $213,800 $285,000 $308,750
16 Bunker Shaping - New 44 Each $1,200 $52,800
15 Grade/Shape Buffer Mounding 1 LS $17,000 $17,000 17 1 LS $10,000 $10,000 $7,000 $15,000 $21,555
Schedule 3 Total $960,200 Subtotal $1,116,000 $1,833,842 $1,704,788 $1,720,560
17 New Subsurface Drainage Piping 4" Perf 18328 LF $5 $91,641 18 17500 lf $8 $140,000 $139,125 $151,375 $134,750
18 New Subsurface Drainage Piping 6" Non-Perf 27012 LF $6 $162,072 19 1 ls $265,000 $265,000 $350,881 $246,000 $281,940
19 New Catchments 235 EA $130 $30,550
20 Drain Observation Risers 50 EA $75 $3,750
21 Drain Outfalls 24 EA $350 $8,400
22 Connect New Drains to Existing Inlets 21 EA $550 $11,550
23 Bury/Raise/Connect to Existing Backbone Drain Inlets 21 Ea $2,000 $42,000 20 1 LS $35,000 $35,000 $27,517 $22,000 $19,930
24 Drainage Culvert Pipes 1 LS $12,000 $12,000 21 1 LS $75,000 $75,000 $10,540 $6,500 $8,500
25 Greens Construction USGA Method 147300 SF $6 $810,150 22 1 LS $745,000 $745,000 $745,743 $709,500 $741,625
26 Tee Construction 141000 SF $1 $197,400 23 1 LS $175,000 $175,000 $165,539 $213,000 $256,040
27 Bunker Construction New 43840 SF $4 $175,360 24 1 LS $225,000 $225,000 $424,031 $177,000 $238,600
Schedule 4 Totals $1,544,873 Subtotal $1,660,000 $1,863,376 $1,525,375 $1,681,385
28 Irrigation - In play areas 1 LS $1,527,300 $1,527,300 25 1 LS $1,987,000 $1,987,000 $1,860,296 $1,875,000 $1,940,225
29 Irrigation - Native areas 1 LS $184,000 $184,000 26 1 LS $115,000 $115,000 $80,040 $124,000 $116,600
30 Irrigation - Buffer Mounding 1 LS $35,000 $35,000 27 1 LS $35,000 $35,000 $14,690 $21,200
35 Irrigation – Embarcadero Road Area 1 LS $15,000 $15,000 28 1 LS $25,000 $25,000 $27,670 $129,000 $14,310
31 Irrigation - Athletic Field Supply Pipeline 1 LS $24,100 $24,100 29 1 LS $15,000 $15,000 $21,330 $19,000 $24,650
32 Irrigation - Youth Area 1 LS $40,500 $40,500 1 LS
33 Irrigation - Practice Area 1 LS $40,000 $40,000 1 LS
34 Irrigation - Tree Bubblers 1 LS $26,300 $26,300 1 LS
36 Irrigation Staking, Programming and Asbuilts 1 LS $42,000 $42,000 30 1 LS $45,000 $45,000 $42,270 $39,500 $44,000
37 Replacement of Irrigation Pump Station 1 LS $220,000 $220,000 31 1 LS $235,000 $235,000 $305,982 $287,500 $315,000
Schedule 5 Totals $2,154,200 Subtotal $2,457,000 $2,352,278 $2,474,000 $2,475,985
38 Cart Paths and Foot Paths 208000 SF $3 $624,000 32 214000 sf $3 $642,000 $691,220 $716,900 $642,000
39 Path Roll Curb 3000 LF $1 $3,300
40 Cart Path 4" Curbing 3000 LF $4 $12,000 33 5500 lf $7 $38,500 $44,000 $23,375 $41,195
41 Maintenance Routes (Gravel) 2000 LF $8 $16,400 34 14206 sf $2 $21,309 $17,473 $17,757 $15,200
Schedule 6 Totals $655,700 Subtotal $701,809 $752,693 $758,032 $698,395
42 Finish Shaping 1 LS $40,000 $40,000 35 1 LS $175,000 $175,000 $113,476 $125,000 $198,525
43 Fine Grade Prep & Soil Amend Paspalum Area 79 AC $2,800 $221,200 36 1 LS $330,000 $330,000 $193,445 $203,000 $83,794
44 Fine Grade/Soil Prep Native areas 55 AC $780 $42,900 37 1 LS $185,000 $185,000 $112,241 $40,000 $42,158
48 Native Area "A" Hydro Seeding (with Amendments) 42 AC $4,325 $181,650 38 1 LS $130,000 $130,000 $152,722 $205,500 $202,000
49 Baylands Area "B" Hydro Seeding (with Amendments) 13 AC $4,160 $54,080 39 1 LS $40,000 $40,000 $45,146 $62,000 $57,000
45 Paspalum Sod 25.0 AC $25,265 $631,620 40 1 LS $635,000 $635,000 $634,914 $775,500 $715,480
46 Sprigged Paspalum Areas 53.0 AC $5,200 $275,600 41 1 LS $260,000 $260,000 $306,777 $255,000 $312,640
47 Seed & Amend Greens 148000 SF $0 $32,560 42 1 LS $35,000 $35,000 $29,032 $32,000 $49,700
50 Bridge & Bulkheads 1 LS $57,000 $57,000 43 1 LS $110,000 $110,000 $49,243 $54,500 $113,164
51 New Trees 300 Ea $300 $90,000 44 1 LS $100,000 $100,000 $67,305 $70,000 $74,640
53 Landscape Along Embarcadero 1 LS $23,000 $23,000 45 1 LS $50,000 $50,000 $39,501 $22,000 $50,752
52 Fence at Youth Golf Area 1 LS $30,000 $30,000 46 1 LS $25,000 $25,000 $40,478 $44,500 $41,583
58 Grow-In 1 LS $75,000 $75,000 46A 1 LS $115,000 $115,000 $87,553 $150,000 $324,985
Schedule 7 Totals $1,754,610 Subtotal $2,190,000 $1,871,833 $2,039,000 $2,266,421
54 Driving Range Poles and Netting 1 LS $35,000 $35,000 47 1 LS $30,000 $30,000 $60,795 $89,500 $89,010
55 Concrete Range Tee 1 LS $30,000 $30,000 48 1 LS $10,000 $10,000 $10,885 $12,400 $13,133
56 New Synthetic Turf 1 LS $6,000 $6,000 49 1 LS $10,000 $10,000 $4,799 $4,500 $25,623
57 Grassing of Range Area 1 LS $6,000 $6,000 50 1 LS $5,000 $5,000 $21,421 $32,000 $5,400
Schedule 8 Totals $77,000 Subtotal $55,000 $97,900 $138,400 $133,166
59 Restroom (Inc locking doors) 1 LS $88,550 $88,550 51 1 LS $125,000 $125,000 $140,669 $298,000 $128,310
60 RR Sewer 1 LS $20,000 $20,000 52 1 LS $25,000 $25,000 $32,740 $70,000 $53,732
61 RR Electrical Supply 1 LS $14,000 $14,000 53 1 LS $30,000 $30,000 $36,484 $200,000 $52,517
Schedule 9 Totals $122,550 Subtotal $180,000 $209,893 $568,000 $234,559
62 Base Bid Total $7,620,433 Base Bid Total --->$8,947,809 $9,477,901 $9,540,095 $9,882,854
PLAN G
DLS Page 1 of 1 9/2/2014 9:41 AM
Golf Course Budget Amendment Ordinace
Financial Statement
ATTACHMENT C
FY 2012
Actuals
FY 2013
Actuals
FY 2014
Projected
(Unaudited)
FY 2015
Adopted
FY 2015
Revised
June 23, 2014
FY 2015
Revised
September 8,
2014
REVENUES
Tournament fees 1,878 1,670 4,037 ‐ ‐ ‐
Green Fees 1,779,053 1,630,018 1,051,732 ‐ 277,000 753,059
Monthly play cards 161,672 151,387 51,679 ‐ 14,400 34,450
Driving range 355,594 343,883 313,633 99,044 94,644 208,553
Cart/club rentals 301,225 279,795 225,310 ‐ 49,600 141,033
Proshop lease 29,966 27,248 25,051 18,000 19,000 22,000
Restaurant lease 43,827 48,880 53,487 51,788 40,988 23,400
Restaurant Utilities 21,600 21,600 16,260 10,368 8,368 18,000
Other Fee 25,326 24,319 18,219 ‐ ‐ 12,000
Total Revenue 2,720,141 2,528,800 1,759,408 179,200 504,000 1,212,495
EXPENDITURES
Operating Expenses
Salaries 88,340 85,469 59,958 97,676 102,676 102,676
Benefits 41,246 49,479 62,676 47,497 47,497 47,497
Miscellaneous
Supplies and Materials 12,238 3,292 14,902 8,000 8,000 15,000
General Expense 754 1,014 1,038 1,438 1,438 1,438
Rents and Leases ‐ ‐ ‐ 1,000 1,000 1,000
Allocated Charges 314,651 524,116 401,431 467,713 523,019 361,817
Subtotal 457,229 663,370 540,005 623,324 683,630 529,428
Contract Services
Golf Maintenance 772,539 808,801 780,755 329,955 516,484 608,972
Miscellaneous 18,318 18,566 8,462 24,030 24,030 24,030
Range fees 135,310 130,676 119,180 84,188 80,357 108,606
Cart Rentals 114,621 112,083 86,034 ‐ 21,824 56,413
Club Rentals 6,061 5,950 4,666 ‐ ‐ ‐
Fixed management fees 343,544 344,537 338,292 30,500 82,972 240,384
Credit card fees 41,474 32,508 30,000 ‐ 7,500 17,000
Subtotal 1,431,867 1,453,121 1,367,389 468,673 733,167 1,055,405
Total Operating Expenses 1,889,096 2,116,491 1,907,394 1,091,997 1,416,797 1,584,833
Income From Operations 831,045 412,309 (147,986) (912,797) (912,797) (372,338)
Debt Expenses
Debt Service (refunded) 559,539 428,180 429,020 428,194 428,194 428,194
Subtotal 559,539 428,180 429,020 428,194 428,194 428,194
Cost Plan Charges 24,873 23,871 26,224 30,485 30,485 30,485
Net Income (Loss) 246,633 (39,742) (603,230) (1,371,476) (1,371,476) (831,017)
Golf Rounds 64,000 51,794 46,527 ‐ ‐ 31,000
PALO ALTO GOLF COURSE
PRO FORMA
ATTACHMENT D
Reject all bids, rebid project, award construction contract March 2015, reopen Golf Course September 2016
GOLF COURSE FINANCIAL SUMMARY FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021
ACTUALS PROJECTED
REVISED Golf
Course open July ‐
Feb closed March‐
June
REVISED Golf
Course closed July ‐
June
REVISED Golf
Course closed July ‐
Aug, open Sept PROPOSED PROPOSED PROPOSED PROPOSED
BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET
REVENUES
Tournament fees 1,670 4,037 0 0 2,400 2,500 2,500 2,500 2,500
Green fees (Monthly play cards ) 1,781,405 1,103,410 787,509 0 1,573,650 2,162,760 2,227,320 2,291,880 2,356,440
Driving range 343,883 313,633 208,553 80,000 283,050 353,400 364,002 374,922 386,170
Cart/club rentals 279,795 225,310 141,033 0 249,225 332,300 342,269 352,537 363,113
Other fees 24,319 18,219 12,000 1,760 12,700 25,000 25,000 25,000 25,000
Proshop lease 27,248 25,051 22,000 21,520 28,500 30,700 30,700 31,300 31,300
Restaurant lease 48,880 53,487 23,400 23,400 49,800 49,800 52,290 52,290 52,290
Restaurant Utilities 21,600 16,260 18,000 18,000 27,000 27,400 27,400 27,900 27,900
Interest Income ‐ Debt Service 25,700 25,900 25,900 25,900 25,900 25,900 25,900
Total Revenue 2,554,500 1,759,407 1,212,495 170,580 2,252,225 3,009,760 3,097,381 3,184,229 3,270,613
EXPENDITURES
Operating Expenses
Salaries & Benefits 134,948 122,634 150,173 169,500 165,700 173,200 181,000 189,100 197,600
Advertising & Publishing 11,307 7,916 7,500 30,000 30,000 30,000 30,000 30,000 30,000
Supplies and Materials 3,292 6,986 7,500 45,100 45,800 46,500 47,200 47,900 48,600
General Expense 1,014 1,038 1,000 1,000 1,000 1,000 1,000 1,000 1,000
Facilities Repairs & Maintenance 7,259 1,438 22,300 22,600 22,900 23,200 23,500 23,900
Water Expense 381,966 319,204 260,000 296,000 184,500 188,000 197,000 206,000 215,500
Other Direct Charges 48,448 46,126 56,034 33,200 42,100 42,700 43,300 43,900 44,600
Indirect Charges 93,702 36,099 45,783 83,280 105,700 107,300 108,900 110,500 113,900
Subtotal 681,936 540,003 529,428 680,380 597,400 611,600 631,600 651,900 675,100
Contract Services
Golf Maintenance 808,801 780,755 608,972 419,415 821,135 796,262 820,150 820,150 820,150
Miscellaneous 18,566 8,462 24,030 0 10,000 10,000 10,000 10,000 10,000
Range fees 130,676 119,181 108,606 68,000 56,610 70,680 72,800 74,984 77,234
Cart rentals 112,083 86,034 56,413 0 49,845 66,460 68,454 70,507 72,623
Club rentals 5,951 4,666 0 5,700 5,800 5,900 6,000 6,100 6,200
Fixed Management Fees 339,045 338,292 240,384 30,500 255,084 300,000 300,000 300,000 300,000
Green Fees to Golf Professional (5%) 0 0 0 0 78,683 108,138 111,366 114,594 117,822
Credit Card Fees 38,000 30,000 17,000 0 33,047 45,418 46,774 48,129 49,485
Subtotal 1,453,121 1,367,390 1,055,405 523,615 1,310,203 1,402,858 1,435,544 1,444,465 1,453,514
Total Operating Expenses 2,135,057 1,907,393 1,584,833 1,203,995 1,907,603 2,014,458 2,067,144 2,096,365 2,128,614
Net Income From Operations 419,443 (147,986) (372,338) (1,033,415)344,622 995,302 1,030,237 1,087,864 1,141,999
Debt and Other Charges
1998 Debt Service 428,180 429,020 428,194 430,800 423,200 432,300 431,200 0 0
New 2014 Debt Service 0 0 511,342 511,342 511,342 511,342 511,342
Cost Plan Charges 23,871 26,224 30,485 32,009 33,610 35,290 37,055 38,907 40,853
Capital Reserve 0 0 0 0 229,188 235,644
Subtotal ‐ Debt and Other Charges 452,051 455,244 458,679 462,809 968,151 978,932 979,596 779,437 787,838
Net Income (Loss)(32,608) (603,230) (831,017) (1,496,224) (623,529)16,370 50,641 308,427 354,161
Golf Rounds 58,000 46,527 31,000 0 48,750 67,000 69,000 71,000 73,000