HomeMy WebLinkAboutStaff Report 7990
City of Palo Alto (ID # 7990)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/28/2017
City of Palo Alto Page 1
Summary Title: Approve Agreement with County of Santa Clara for Page Mill
Road Improvements and Budget Amendment
Title: Approval of an Agreement With County of Santa Clara Providing $3.2M
in Transportation Impact Fees for the Design, Review, and Constructi on of
Improvements at the Intersections of Page Mill Road/Hanover Street and
Page Mill Road/El Camino Real and Approval of an Associated Budget
Amendment in the Stanford Research Park/El Camino CS Zone Traffic Impact
Fund
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that the City Council:
1. Approve and authorize the City Manager or his designee to execute a funding
contribution agreement between the City of Palo Alto and the County of Santa Clara in
the amount of $3,200,000 for improvements at the intersections of Page Mill Road/El
Camino Real and Page Mill Road/Hanover Street; and
2. Amend the Fiscal Year 2018 Budget Appropriation Ordinance for the Stanford Research
Park/El Camino Real CS Zone Traffic Impact Fund by:
a. Increasing the Inter-agency expense appropriation by $1,000,000; and,
b. Decreasing the reserve for fund balance by $1,000,000
Executive Summary
The proposed agreement would allocate funds collected from developers via the Stanford
Research Park/El Camino CS Zone Traffic Impact Fee for improvements at the intersections of
Page Mill Road at El Camino Real and at Hanover Street. Uses of the impact fee are specified in
Palo Alto Municipal Code Section 16.45 which identifies “designated intersections” based on
mitigation measures in the Environmental Impact Report (EIR) for the City’s 1998-2010
Comprehensive Plan.
City of Palo Alto Page 2
More recently, intersection improvements along Page Mill Road between El Camino Real and
Foothill Expressway were classified as Tier 1 projects (highest) priority in the County’s
Expressway Plan and for Measure B funding. By entering the funding agreement, the City of
Palo Alto would appropriately utilize the Stanford Research Park/El Camino CS Zone Traffic
Impact Fund and accelerate the design of the project in an attempt to qualify for an early
allocation of Measure B funding for construction.
Background & Discussion
The intersection of Page Mill Road and Hanover Street has historically been a difficult
intersection for cyclists travelling across Page Mill Road, as the bicycle lanes end north of the
intersection in both directions. In addition, the intersection’s lane configuration with shared
left and through lanes on the Hanover Street approaches require the traffic signal to operate
with “split phasing” where the northbound and southbound approaches of Hanover Street have
to operate separately, sometimes creating longer delays for all movements at the intersection.
The more efficient operation traditionally includes protected left turn movements (arrows),
which generally require dedicated left turn lanes.
The intersection of Oregon Expressway/Page Mill Road and El Camino Real is one of the busiest
in Palo Alto and is designated as a monitored intersection as part of the Valley Transportation
Authority’s (VTA) Congestion Management Program (CMP). This intersection historically
operates at Level of Service E, which is considered to be the limit of acceptable delay. These
high-delay values generally indicate poor signal progression, long cycle lengths and operations
at or close to capacity. Currently the configurations for some movements such as the
westbound left turn lanes and several right turn movements are not optimal for the operations
of multiple modes of travel including vehicles and pedestrians. While the improvements are not
directly intended to increase capacity, the improvements would improve the efficiency of
operations.
The City has been collecting a Stanford Research Park and El Camino CS Zone area-specific
traffic impact fee (in addition to the Citywide Traffic Impact Fee) intended for roadway
improvements at specific locations including the intersections of Page Mill Road at Hanover
Street and El Camino Real. Page Mill Road is owned and maintained the County and any
improvements desired by the City need to be coordinated with the County.
Prior Planning & Impact Fee Programs
The County and VTA have developed long range plans which include intersections along Page
Mill Road between (and including) El Camino Real and Interstate 280. During a City Council
Study Session on June 24, 2015, the Council for the City of Palo Alto provided general feedback
and support for improvements between El Camino Real and Hanover Street, with less support
City of Palo Alto Page 3
for the widening of Page Mill Road between I-280 and Foothill Expressway which generally
included widening from four to six lanes. On May 1, 2017, in the context of discussions about
the Comprehensive Plan Update, the City Council voted to support the lane widening of Page
Mill Road between Interstate 280 and Foothill Expressway with High Occupancy Vehicle (HOV)
lanes and a separated bicycle/pedestrian trail as well as intersection improvements between
Porter Drive and Hansen Way and at El Camino Real.
The City of Palo Alto has generally regarded the improvements at the intersection of Hanover
Street and Page Mill Road as a high priority. The City’s adopted Bicycle and Pedestrian
Transportation Plan, Safe Routes to School Program, and Comprehensive Plan, as well as
regional plans, consider this intersection a high priority location. The City has also desired
improvements at the Page Mill Road at El Camino Real intersection for some time, and hopes to
acquire right-of-way for this purpose from the developer of the parking lot on the northeast
corner.
The City has been assessing and collecting Transportation Impact Fees for development in the
Stanford Research Park/El Camino Real CS Zones pursuant to Municipal Code Chapter 16.45,
which was enacted to implement mitigation measures in the 1998-2010 Comprehensive Plan
EIR. The goal and purpose of this fee is to assure that new developments collectively bear the
responsibility for capital expenditures needed to provide “capacity improvements” to
intersections identified in this section of the Palo Alto Municipal Code (see Section 16.45.060
(a) and (f)). This area-specific traffic impact fee is separate from the Citywide Traffic Impact
Fee.
Agreement Terms
This agreement would provide funding to be used solely for improvements at the intersections
of Page Mill Road at El Camino Real and Page Mill Road at Hanover Street that are intended to
improve operations for bicyclists, pedestrians, and efficiency of vehicular operations. The
funding agreement allows the County to move forward and take the lead on the design,
environmental review, permitting, and construction of the improvements at the intersections
of Page Mill Road at El Camino Real and Page Mill Road at Hanover Street.
Under the terms of the agreement, the City of Palo Alto will be actively involved in the
evaluation, design and construction aspects of this project. As part of this project
development, City Staff will return to City Council for review and input when the design reaches
the 35 percent level. The funding agreement is included as Attachment A.
City of Palo Alto Page 4
Project Design and Evaluation
The first phase of this project is to develop a plan that includes signal modifications at the
intersections of Page Mill Road at El Camino Real and Page Mill Road at Hanover Street. At the
intersection with El Camino Real, the intersection modifications tentatively include:
Removing the free-flow, divided eastbound right-turn lane and replace with an attached right-
turn lane
Addition of a westbound right-turn lane
Re-alignment of the dual westbound left turn lanes to provide efficient operations
At the intersection with Hanover Street, the intersection modifications tentatively include:
Creation of dedicated left-turn lanes for both approaches on Hanover Street and a switch to 8-
phase operation
Provide Continuous bicycle lanes in both directions of Hanover Street through the intersection
with Page Mill Road
Design for (and possibly include) and second westbound left turn lane from Page Mill Road to
southbound Hanover Street
Investigate and possibly include design features for a future bicycle and pedestrian pathway
improvements along the east side of Hanover Street.
Project Coordination
A development project at 1050 Page Mill Road (at Hansen Way) is currently under construction.
As part of this project, a mitigation improvement includes modifying the median island in the
center of Page Mill Road between Hanover Street and Hansen Way, including minor traffic
signal work at the Hanover Street intersection. The improvements required of the 1050 Page
Mill Road development do not include reconstruction and modification of the entire
intersection. After design is complete, County and City Staff may determine that the most
efficient way to implement the intersection improvements with the least construction impacts
would occur by allowing the 1050 Page Mill Road development team to lead all construction
efforts at the Hanover Street Intersection. If this is the case, the County may enter an
agreement with the 1050 Page Mill Road development to lead the construction effort.
Policy Implications
The design and construction of improvements along Page Mill Road at at El Camino Real and
Page Mill Road at Hanover Street are consistent with the following Comprehensive Plan and
Bicycle + Pedestrian Transportation Plan goals, policies and projects:
Comprehensive Plan:
Policy T-14: Improve pedestrian and bicycle access to and between local destinations,
including public facilities, schools, parks, open space, employment districts, shopping
centers, and multi-modal transit stations.
Program T-23: Develop public sidewalks and bicycle facilities in Stanford Research Park
City of Palo Alto Page 5
and other employment areas.
Policy T-24: Maintain a hierarchy of streets that includes freeways, expressways,
arterials, residential arterials, collectors, and local streets.
Policy T-25: When constructing or modifying roadways, plans for usage of the roadway
space by all users, including motor vehicles, transit vehicles, bicyclists, and pedestrians.
Policy T-27: Avoid major increases in street capacity unless necessary to remedy severe
traffic congestion or critical neighborhood traffic problems. Where capacity is increased,
balance the needs of motor vehicles with those of pedestrians and bicyclists.
Policy T-28: Make effective use of the traffic-carrying ability of Palo Alto’s major street
network without compromising the needs of pedestrians and bicyclists also using this
network.
Goal T-6: A High Level of Safety for Motorists, Pedestrians, and Bicyclists on Palo Alto
Streets
Bicycle + Pedestrian Transportation Plan:
INT-4 Hanover Street at Page Mill Road Intersection Spot Improvements
Resource Impact
The current balance of the Stanford Research Park/E; Camino CS Zone Traffic Impact Fund is
$3,266,000. This fee has been collected from various projects within the Stanford Research
Park Area specifically to fund transportation related improvements such as the target of this
funding agreement. Staff is requesting Council’s approval of a $3.2 million funding agreement
to transfer funds to the County of Santa Clara over two years. Staff requests approval of a $1.0
million budget amendment to the Fiscal Year 2018 Adopted Interagency Expense budget for the
Stanford Park/El Camino CS Zone Traffic Impact Fund and will include a request for the
remaining $2.2 million from this fund during the Fiscal Year 2019 budget process. The resulting
transfer of $3.2 million over two years is expected to leave the fund with an approximate
balance of $66,000. The remaining funds will be eligible for uses as specified in Palo Alto
Municipal Code Section 16.45.060(f).
Timeline
In general, the City would provide funding in two stages; first for the pre-construction costs,
and second for construction costs.
Pre-construction costs (design, environmental, and permits,) are estimated to be
$1,000,000 and would be paid in full by the city in order for work to begin on this first
phase as soon as possible, and to position the project for early allocation of Measure B
funds for construction.
City of Palo Alto Page 6
Prior to construction contract advertisement for bids by the County, the City of Palo Alto
would pay up to $2,200,000 for construction of the intersection improvements. This
phase is anticipated to occur approximately one year after the start of the first phase.
If the project does not move forward for any reason whatsoever, the County would be
required to return any remaining funds back to the City.
Environmental Review
The scope of the project includes environmental review per the California Environmental
Quality Act (CEQA) in the first phase of the project.
Attachments:
Page Mill Improvements Funding Agreement Draft 7-15-2015 (PDF)
Page 1 of 6
Funding Contribution Agreement between City of Palo Alto and County of Santa Clara
for Page Mill Road Expressway Improvements at Hanover Street and El Camino Real – August 2017
FUNDING CONTRIBUTION AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND THE COUNTY OF SANTA CLARA
FOR PAGE MILL ROAD EXPRESSWAY INTERSECTION IMPROVEMENTS
AT HANOVER STREET AND EL CAMINO REAL
This funding contribution agreement (“AGREEMENT”) is made and entered into as of the
date it is fully executed by and between the City of Palo Alto, a municipal corporation of the State of
California (hereinafter referred to as “CITY”), and the County of Santa Clara, a political subdivision
of the State of California (hereinafter referred to as “COUNTY”), collectively referred to herein as
the “PARTIES” and individually as a “PARTY”.
RECITALS
WHEREAS, COUNTY owns and operates Page Mill Road Expressway through the
intersections with Hanover Street and El Camino Real (State Route 82) in Palo Alto; and
WHEREAS, the Expressway Plan 2040 developed by COUNTY with participation from
CITY identifies operational improvements for the Page Mill Road Expressway intersections at
Hanover Street and El Camino Real as Tier 1 projects, which improvements will be hereinafter
referred to as “PROJECT”; and
WHEREAS, PROJECT will include constructing left-turn lane improvements and other
intersection modifications, enhancing bicycle and pedestrian facilities, and converting Hanover
intersection to 8-phase signal operations; and
WHEREAS, both COUNTY and CITY have determined that PROJECT will improve traffic
flow and enhance traffic safety for bicycle and pedestrian facilities within PROJECT’s limits; and
WHEREAS, COUNTY will serve as the lead agency for the implementation of PROJECT;
and
WHEREAS, CITY has collected traffic impact fees for design and construction of PROJECT;
and
WHEREAS, PROJECT is eligible to receive funds from the Expressway Program portion of
the Santa Clara Valley Transportation Authority’s 2016 Measure B Sales Tax (hereinafter referred to
as “MEASURE B”); and
WHEREAS, CITY has acknowledged the future benefit of PROJECT to CITY and indicated
its willingness to contribute funding to PROJECT; and
WHEREAS, PARTIES desire to memorialize such agreement in writing.
NOW, THEREFORE, for and in consideration of their mutual promises and covenants, and
subject to the terms, conditions, and provisions hereinafter set forth, PARTIES agree as follows:
Page 2 of 6
Funding Contribution Agreement between City of Palo Alto and County of Santa Clara
for Page Mill Road Expressway Improvements at Hanover Street and El Camino Real – August 2017
AGREEMENT
1. Scope of Work: The scope of work of PROJECT consists of designing, evaluating and
constructing intersection improvements at the intersections of Page Mill Road/Hanover Street and
Page Mill Road/El Camino Real. The improvements include additional and/or longer left turn
lanes, modifications to enhance bicycle and pedestrian accommodations through the intersections,
Class II bicycle lanes and Class I shared-use path at Hanover Street approaches to intersection,
and 8-phase signal conversion for Hanover intersection. Both bikeway options will be evaluated
jointly by CITY and COUNTY. Attached as Exhibit A and incorporated by reference herein is a
PROJECT location map.
2. Design, Environmental and Permits: COUNTY, as the lead agency on the PROJECT, will engage
a consultant ("CONSULTANT") to be approved by both COUNTY and CITY. COUNTY will be
responsible for consultant management during plan preparation including issuance of payment to
the CONSULTANT. The CONSULTANT will develop plans, specifications, and engineers
estimate (“PS&E”), environmental documents, and Caltrans encroachment permit application for
the PROJECT. COUNTY will submit to CITY for design review the 35%, 65% and 95% PS&E
level of design. CITY will review and provide design review comments to COUNTY in a timely
manner. If the PARTIES cannot agree on a final version of PS&E, prior to PROJECT
advertisement, then PARTIES will convene and determine a mutually agreed course of action.
PROJECT advertisement will not be made until PARTIES agree to the final version of PS&E.
3. Right-of-Way Acquisition: PROJECT will not require any additional right-of-way for Page Mill
Road Expressway, but it may require additional right-of-way along Hanover Street, which is a
CITY street. Should additional right-of-way be required for improvements on Hanover Street,
CITY shall be the responsible for the acquisition. Any right-of-way acquisition costs are eligible
PROJECT expenses and may be deducted from the funding to be provided from CITY to the
PROJECT.
4. Award of Contract and Construction: The construction work will be performed by a contract
awarded by competitive bid and administered by COUNTY pursuant to its contracting principles
and applicable law. COUNTY shall provide all construction administration, construction
engineering, and inspection services during and through the completion of the construction of the
PROJECT. COUNTY will provide CITY with a copy of all approved project schedules. CITY
staff representatives will be invited to attend PROJECT meetings with contractors. The
PROJECT will be completed in a timely manner to COUNTY’s reasonable satisfaction, and such
extra work as may be desired within the PROJECT limits will be accommodated, subject to being
in compliance with the standards of COUNTY and with the Caltrans encroachment permit, and
subject to sufficient PROJECT funds being available to ensure completion of the necessary work.
5. PROJECT Cost and Funding: The total PROJECT cost is estimated to be $5,200,000. CITY will
provide up to $3,200,000 in traffic impact fees. MEASURE B will be used to provide the balance
of project costs. Any changes to the scope of work as identified by COUNTY or CITY that are
beyond the PROJECT description/scope of work identified in this AGREEMENT, that may
increase PROJECT costs, shall receive prior written approval and agreement on a funding plan
from both COUNTY and CITY.
Page 3 of 6
Funding Contribution Agreement between City of Palo Alto and County of Santa Clara
for Page Mill Road Expressway Improvements at Hanover Street and El Camino Real – August 2017
6. Timing of PROJECT Funding:
a) Pre-construction costs (design, environmental, and permits,) are estimated to be $1,000,000
and shall be fully funded from CITY’s contribution in order for work to begin as soon as
possible and to position the project for early allocation of MEASURE B funds for
construction.
b) Within thirty (30) days of full execution of this AGREEMENT, COUNTY shall invoice CITY
in the amount of $1,000,000 for PROJECT design, environmental, and permit work. CITY
shall pay the full invoice amount to COUNTY within thirty (30) days of CITY’s receipt of
invoice.
c) Thirty (30) days prior to construction contract advertisement for bids by COUNTY for
PROJECT, COUNTY shall invoice CITY in the amount up to $2,200,000 for PROJECT
construction. CITY shall pay the full invoice amount to COUNTY within thirty (30) days of
CITY’s receipt of invoice.
d) Upon PROJECT completion, COUNTY shall provide a final cost summary to CITY.
e) If PROJECT does not move forward for any reason whatsoever, COUNTY shall promptly
return to CITY any remaining funds paid by CITY to COUNTY pursuant to this
AGREEMENT, and this obligation of COUNTY shall survive any termination or expiration
of this AGREMENT.
7. Indemnification:
In lieu of and not withstanding the pro rata risk allocation, which might otherwise be imposed
between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all
losses or liabilities incurred by a Party shall not be shared pro rata but, instead, COUNTY and
CITY agree that, pursuant to Government Code Section 895.4, each of the PARTIES hereto shall
fully indemnify and hold each of the other PARTIES, their officers, board members, employees,
and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as
defined in Government Code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, employees or agents,
under or in connection with or arising out of any work, authority or jurisdiction delegated to such
party under this AGREEMENT. No party, nor any officer, board member or agent thereof shall
be responsible for any damage or liability occurring by reason of the negligent acts or omissions
or willful misconduct of the other PARTIES hereto, their officers, board members, employees, or
agents, under or in connection with or arising out of any work authority or jurisdiction delegated
to such other PARTIES under this AGREEMENT.
8. Additional Provisions:
a) A PARTY’s waiver of any term, condition or covenant, or breach of any term, condition, or
covenant shall not be construed as a waiver of any other term, condition or covenant or breach
of any other term, condition or covenant.
Page 4 of 6
Funding Contribution Agreement between City of Palo Alto and County of Santa Clara
for Page Mill Road Expressway Improvements at Hanover Street and El Camino Real – August 2017
b) If any term, condition or covenant of this AGREEMENT is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
AGREEMENT will be valid and binding on COUNTY and CITY.
c) This AGREEMENT will be governed and construed in accordance with the laws of the State
of California.
d) This AGREEMENT may be executed in counterparts and will be binding once executed by all
PARTIES.
e) The term of this AGREEMENT will commence upon execution of the AGREEMENT by both
PARTIES and shall remain in effect until terminated by mutual agreement of the PARTIES or
pursuant to Section 8(g), whichever first occurs. If not terminated earlier, the AGREEMENT
will expire on December 31, 2021.
f) All changes or extensions to the AGREEMENT must be in writing in the form of an
amendment and approved in writing by both PARTIES.
g) Either COUNTY or CITY may terminate the AGREEMENT at any time prior to award of the
design consultant contract upon thirty (30) days' written notice. Once the consultant contract
has been awarded, the AGREEMENT can be terminated only upon the mutual written consent
and terms acceptable to both PARTIES; provided, nothing in this section in any way limits
CITY's or COUNTY's respective ability to seek damages, restitution, or other remedies at law
or in equity for damages or other harms incurred or otherwise arising out of this
AGREEMENT.
h) The designated project engineer for COUNTY for the duration of the PROJECT is
_________________ or his/her designee. COUNTY’s project engineer will have all the
necessary authority to direct technical and professional work within the scope of the
AGREEMENT and will serve as the principal point of contact for COUNTY. The CITY
Chief Transportation Official, Joshuah D. Mello, or his designee, will serve as the principal
point of contact for CITY, responsible for coordinating the review of the design for CITY and
for obtaining the necessary CITY approvals.
i) This AGREEMENT does not address or change any authority or responsibility between
COUNTY and CITY with regard to maintenance, operation, or future repair responsibility for
Page Mill Road Expressway.
9. Notices – Notices required by this AGREEMENT may be delivered by first class mail addressed
to the appropriate party at the following addresses and deemed received two (2) business days
after placed in the U.S. mail, postage paid and sent to:
To CITY: CITY OF PALO ALTO
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: Joshuah D. Mello, Chief Transportation Official
Page 5 of 6
Funding Contribution Agreement between City of Palo Alto and County of Santa Clara
for Page Mill Road Expressway Improvements at Hanover Street and El Camino Real – August 2017
To COUNTY: ROADS AND AIRPORTS DEPARTMENT
101 Skyport Drive,
San Jose, CA 95110-1302
Attn: Michael Murdter, Director
IN WITNESS WHEREOF, the PARTIES have entered into this AGREEMENT as of the date it is
fully executed.
“CITY” “COUNTY”
City of Palo Alto, County of Santa Clara
_______________________ _______________________
James Keene Dave Cortese, President
City Manager Board of Supervisors
APPROVED AS TO FORM: ATTEST:
_______________________ _______________________
Molly Stump Megan Doyle
City Attorney Clerk of Board of Supervisors
APPROVED AS TO FORM &
LEGALITY:
__________________________
Christopher Cheleden
Lead Deputy County Counsel
Page 6 of 6
Funding Contribution Agreement between City of Palo Alto and County of Santa Clara
for Page Mill Road Expressway Improvements at Hanover Street and El Camino Real – August 2017
Exhibit A – Location Map