HomeMy WebLinkAbout2002-04-15 City Council (4)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS 9
DATE:APRIL 15, 2002 CMR:204:02
SUBJECT:APPROVAL OF AMENDMENT NO. ONE TO THE SAND HILL
CORRIDOR MAINTENANCE AGREEMENT BETWEEN THE
CITY OF PALO ALTO AND THE BOARD OF TRUSTEES OF THE
LELAND STANFORD JUNIOR UNIVERSITY FOR SAND HILL
ROAD CORRIDOR PROJECTS
REPORT IN BRIEF
The 1999 Council approval of the maintenance agreement for the Sand Hill Road
Corridor projects established Stanford’s responsibilities for maintenance of
improvements in public rights-of-way and easements. This report reviews and
recommends approval of amendments to the maintenance agreement. The amendments
address responsibility for maintenance of the sidewalk which is part of the improved
landscaped area along the Stanford Shopping Center side of E1 Camino Real from San
Francisquito Creek to University Avenue. Clarification is considered necessary in order
to preclude potential conflicts in determining responsibilities and liabilities.
CMR’:204:02 Page 1 of 3
RECOMMENDATION
Staff recommends that Council approve Amendment No. One to the Sand Hill Corridor
Maintenance Agreement between the City of Palo Alto and the Board of Trustees of the
Leland Stanford University.
BACKGROUND
On May 24, 1999, the City Council approved a maintenance agreement, concurrently
with the Sand Hill Corridor Final Subdivision Map. The agreement stipulates that
Stanford, at its sole cost as developer of the projects defined by Sand Hill Road Corridor
Development Agreement, will maintain and repair landscaping and certain types of
improvements within the E1 Camino Real, Sand Hill Road, Quarry Road and Arboretum
Road rights of way and in specified public access and utility easements located on
Stanford lands.
DISCUSSION
Stanford’s implementation of the Sand Hill Road Corridor Projects has evolved through
development of detailed project designs reviewed and approved by the City’s
Architectural Review Board for the 1999, 2000 and 2001 construction seasons.
Two issues identified during the construction process need to be clarified in the original
maintenance agreement.
The sidewalk along the Stanford Shopping Center’s. E1 Camino Real frontage is
located partially within the road right of way and partially on Stanford Shopping
Center property. The location of a portion of the sidewalk outside of the right of
way results primarily from final design of a bus stop and related roadway features.
The maintenance agreement requires Stanford to maintain the sidewalk within the
E1 Camino Real right of way but did not anticipate sections of the sidewalk
outside of the right of way. Section 2 of the maintenance agreement contains a list
of Stanford’s maintenance obligations. The recommended amendment adds a new
Item 2(f): All sidewalks on the Stanford Shopping Center side of El Camino Real
between Sand Hill Road and University Avenue, whether or not in the E1 Camino
Real right of way. Exhibit Map A-8 illustrates the sidewalk .location relative to
the right of way.
Section 2(a) of the maintenance agreement requires Stanford to maintain "any
special pavement within the public utility easements or in public streets." Exhibit
Map A-8 is attached to the Maintenance Agreement to identify "areas with special
pavement. " The roadway design and City review process resulted in additional
special pavement being used at the E1 Camino Real/Quarry Road intersection.
Exhibit Map A-8 is attached to show its location.
CMR:204:02 Page 2 of 3
POLICY IMPLICATIONS
The amendment is consistent with the City Council’s 1997 approval of Sand Hill Road
Corridor projects and the Council’s 1999 approval of the Development and Maintenance
Agreements associated with the Final Subdivision Map.
ENVIRONMENTAL REVIEW
The maintenance element of the Maintenance Agreement is exempt from the California
Environmental Quality Act (CEQA) under Section 15301 of CEQA Guidelines.
ATTACHMENTS
Attachment A: Amendment No. One to the Sand Hill Corridor Maintenance Agreement
between the City of Palo Alto and the Board of Trustees of the Leland
Stanford University
PREPARED BY: Jim Harrington, Senior Engineer
DEPARTMENT HEAD: ~
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
[
Assistant City Manager
CMR:204:02 Page 3 of 3
This document is recorded
for the benefit of the City
of Palo Alto and is entitled
to be recorded free of charge
in accordance with Section 6103
of the Government Code. After
recordation, mail to:
OFFICE OF THE CITY ATTORNEY
250 Hamilton Avenue
Palo Alto, CA 94301
AMENDMENT NO. ONE TO THE SAND HILL CORRIDOR
MAINTENANCE AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY
This Amendment No. One to the Maintenance Agreement
("Agreement" is entered into on , 2002, by and
between the CITY OF PALO ALTO ("CITY"), and THE BOARD OF TRUSTEES
OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate
powers under the laws of .the State of California, hereinafter
referred to as "STANFORD"
R E C 7 TA L S:
WHEREAS, CITY and STANFORD entered into a Maintenance
Agreement on March 24, 1999 which was recorded on May 27, 1999 as
document number 14833454 in the Official Records of the Recorder of
Santa Clara County; under the Development Agreement dated
August 14, 1997, STANFORD is required to construct and maintain
certain improvements; and
WHEREAS, the parties wish to amend the Maintenance
Agreement in order to ensure it reflects the actual locations and
types of improvements constructed which are to be maintained by
STANFORD;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
SECTION i. Section 2(f) is added to read as follows:
"(f) All sidewalks on the Stanford Shopping
Center side .of E1 Camino Real between San
Francisquito Creek and University Avenue,
whether or not in the E1 Camino Real (State
Route 82) right of way."
020322 syn 0091013
1
SECTION 2. Exhibit Map A-8 is attached hereto to
illustrate the above-referred E1 Camino Real sidewalk and the
placement of additional special paving at the corner of Quarry Road
and E1 Camino Real.
SECTION 3. Except as herein modified, all other
provisions of the Agreement, including any exhibits and subsequent
amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly
authorized representatives executed this Amendment on the date
first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Planning and
Community Environment
Mayor
THE BOARD OF TRUSTEES OF THE
LELAND STANFORD JUNIOR
UNIVERSITY
Title:
Taxpayer Identification No.
94-1156365
Risk Manager
Attachment:
EXHIBIT MAP A-8
020322 syn 0091013
2
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)
)
)
On /~CH 2g, ~oo~, before me, the undersigned, a
notary public in and for said County, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she~ executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
COMM, # 1200590
~IOTARY PUBLIG-CALIFORNIA
SAN MATEO COUNTY
COMM. EXP. DEC. 2, 2002
Signature of Notary Public
020322 syn 0091013
3
SAND HILL ROAD
LEGEND:
LIMITS OF SIDEWALK /
PEDESTRIAN WALKWAY
t I
SEE SHEET 2 OF 4
GRAPHIC SCALE
0 20 40
(IN METERS)
981 RIDDER PARK DRIVE
SUITE 100
SAN JOSE, CA 95131
408-467-9100
408-467-9199 (FAX)
Subject EXHIBIT MAP A-8
Job No. 896060.63
By ECM Dote 01-31-02Chkd
SHEET 1 OF
RAS
4
LEGEND:
LIMITS OF SIDEWALK /
PEDESTRIAN WALKWAY
SEE SHEET 1 OF 4
GRAPHIC SCALE
20 40
(IN METERS)
i
SEE SHEET 3 OF 4
Subject
981 Ridder Pork Drive, Suite 100
Son Jose, CA 951,31 Job No.408/467-9100 .
408/467-9199 (FAX)By ECM
EXHIBIT MAP A-8
896060.63
Dote 01-31-02Chkd. RA~S
SHEET 2 OF 4
SEE SHEET 2 OF 4
QUARRY ROAD
LEGEND:
LIMITS OF SIDEWALK /
PEDESTRIAN WALKWAY
SPECIAL PAVING
rn
m
t
SEE SHEET 4 OF 4 ¯
t
GRAPHIC SCALE
o 2O
(IN METERS)
981 Ridder Pork Drive, Suite 100
~’nglneers ¯Surveyors, Planners 408/467-9100
408/467-9199 (FAX)
4O
Subject EXHIBIT MAP A-8
Job No.896060.63
By ECM Dote 01-31-02Chkd RAS
SHEET 3 OF 4
SEE SHEET 3 OF 4
m
!
.GRAPHIC SCALE!; o!
!
/(IN METERS)
!
20 40
LEGEND:
LIMITS OF SIDEWALK /
PEDESTRIAN WALKWAY
Engineers ¯ Surveyors * Plonner$
Subject
981 Ridder Pork Drlv~, Suite 100
Son Jose, CA 95131 Job No.408/467-9100
408/467-9199 (FAX)By ECM
EXHIBIT MAP A-8
896060.6~
Dote 01-31-02Chkd
SHEET 4 OF
RAS
4