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2002-08-05 City Council (11)
City of Palo Alto C ty Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:AUGUST 5, 2002 CMR:371:02 SUBJECT: 151 LAURA LANE: SITE AND DESIGN REVIEW FOR A NEW PUBLIC .ACCESSIBLE PEDESTRIAN PATHWAY CONNECTING THE INTERNATIONAL SCHOOL AND THE BAYLANDS ATHLETIC CENTER’S PARKING LOT [02-D-01, 02-ARB-36] AND APPROVAL OF LICENSE AGREEMENT This item was continued to this agenda by Council at its meeting of July 22, 2002. Copies of the staff report (CMR:348:02) are attached for Council Members’ convenience. REVISIONS After receiving Council Members’ questions, a few minor changes were made to the project. 1.The revised plans, dated July 31, 2002, are attached with the following proposed changes: The 5 low-level bollard lighting elements will remain, per the safety requirements of the Santa Clara Valley Water District, but will be located only on the District’s land. The original plans had one of the bollard lights sited on City property. The pad designated for City maintenance vehicles was originally proposed as asphalt. After consulting with the Director of Parks & Golf, it was agreed that class two base rock with binder would be a sufficient substitute paving material. This area is needed for the turn-ar.ound of maintenance vehicles and must be able to weather large vehicles maneuvering throughout the seasons of the year. The existing badly deteriorated asphalt City path will be repaired with a new 2- inch asphalt overlay instead of "patch and fill" repair. The Draft Conditions of Approval have been .revised to add one item to the Transportation section. The Transportation Division has agreed to adjust the signal CMR:371:02 Page 1 of 2 light at the Geng Road/Embarcadero Road intersection to add more’ "green" time to the left turn movement. The school shall be required to contact the Transportation Division, prior to completion of the pathway, to schedule the signal light adjustment. Concerns were raised regarding the schogl’s Transportation Management-Plan. The Transportation Division has reviewed the school’s Transportation Management Plan and has found that it addresses the school’s activities adequately. The campus at Laura Lane has approximately 350 students, which is comprised of approximately 245 families. The school has stated that approximately 70 families are carpooling at this site. ATTACHMENTS Attachment A: CMR:348:02 Attachment Bi Draft Conditions of Approval - Revised Attachment C: Summary of Terms of the License (Revised) and License Agreement Attachment D: Project Plans (Council Members only) PREPARED BY: CLARE CAMPBELL, k DEPARTMENT HEAD REVIEW: Director.of Planning and Community Environment CITY MANAGER APPROVAL:.~ ~ EMIL~-"HAR~--i~ (~N Assistant City Manager cc:Stuart Berman, International School, 151 Laura Lane, Palo Alto, CA 94303 Bill Springer, SCVWD, 5750 Almaden Expressway, San Jose, CA 95118 CMR:371:02 Page 2 of 2 TO: ATTACHMENT A City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL 3 FROM:CITY MANAGER DEPARTMt~NT: PLANNING AND COMMUNITY ENVIRONMENT DATE:JULY 22, 2002 CMR:348:02 SUBJECT:151 LAURA LANE: SITE .AND. DESIGN. REVIEW FOR A NEW: PUBLIC ACCESS]BLE PEDESTRIAN PATHWAY CONNECTING THE INTERNATIONAL SCHOOL AND THE BAYLANDS ATHLETIC CENTER’S PARKING LOT [02-D-01, 02-ARB-36] AND APPROVAL OF LICENSE AGREEMENT RECOMMENDATION Staff, the Parks and Recreation Commission, the Planning and Transportation Commission, and the Architectural Review Board recommend that the City Council approve the Site and Design for the proposed pedestrian pathway based on the findings. and subject to the Conditions of Approval in Attachment A. Staff recommends that the City Council authorize the Mayor to execute the attached license-agreement between the City of Palo Alto and the International School BACKGROUND City Council reviewed this project at its April 8, 2002 meeting and referred the project to the related commissions and boards for review, as wellas directing staff to PrePare an .agreement between the City and the school. .The proposed pedestrian pathway is 1,095 foot long and will traverse parcels owned by the International School, Santa Clara Valley Water District and the City. of Palo Alto. The project involves installation of new path and the repair of an existing path on City-owned land. The material being used for the new section of the pathway is decomposed granite, which is pervious and allows drainage. This material is more natural in appearance than other paving materials and will not create heat spots as would an asphalt surface. The Public Works division has reviewed the grading plan for the path and will coordinate with the school to eliminate any drainage and runoff impacts. The proposed path will be maintained as a fully accessible public pedestrian pathway and will not be gated. The new segment of path, starting at the school, will be 333 feet long and made of CMR:348:02 Page 1 of 4 ’ decomposed granite path with low-level bollard lighting. The remaining 762 feet of path is 9 foot wide and will be repaired as required by the City. DISCUSSION In order for the pathway to be constructed and utilized, the school needs an agreement with the City and also with the Santa ClaraValley Water District (SCVWD). The license agreement (Attachment B) provides for path construction, ingress and egress and maintenance of the pathway. Major terms include construction of the path at the school’s expense, non-exclusive ingress/egress rights, and City maintenance of the path with the school to reimburse the City for one-half the cost of maintenance. The license is for an indefinite term and is revocable at the will of the City. The school has made arrangements with SCVWD for a land swap at a future date which will give the school ownership of the district’s land on which part of the pathway will be constructed. SCVWD is in support of the project and will work with the City and the school to make the necessary arrangement for immediate access and use. The SCVWD has provided the City with a copy of a Botanical Survey of the area affected by the new section of path. This survey determined that "there are no wetland issues or sensitive plant species issues" for this area. The removed wildlife cover and habitat will be re-supplied when the SCVWD replants the levee providing an improved ecological area. The project includes coordination by the school and the City’s Naturalist to survey the site adjacent to the existing post office fence for any ground nesting, roosting, or other significant wildlife before any work begins. As part of the review of the path project, Council also wanted the school to update its Transportation Management Plan. Staff has reviewed the proposed plan and finds that it would adequately address the school’s operation (Attachment C). Some of the highlights of the plan are as follows: Staggered arrival and drop-off times of students. A colored placard system, associated with a designated pick-up time has been e~tablished with the parents to control the flow of the cars during the afternoon pick-up. "Van Plan" carpool program established to assist parents with organized carpooling. The school is also committed to work to create incentives to encourage more participants. After school programs and free childcare-(until 4 p.m.) allow for student pick-up later in the day. ~ School staff has worked with the City’s Transportation Division to develop the potential of a new shuttle stop for the Embarcadero Shuttle that would be easily accessible at the Baylands Athletic Center (BAC). The school will follow up on this once the pathway project has been approved. ®The parents of the students will use the public parking lot during specific times in the day for morning drop-off and afternoon pick-up. Staff does not anticipate that CMR:348:02 Page 2 of 4 this limited increase in use of the parking lot will have negativ~ impacts on the available parking at the BAC because it is during weekday non-peak use hours (7:45-8:30 a.m. and 3:00-3:45p.m). BOARD/COMMISSION REVIEW AND RECOMMENDATIONS On June 25, 2002, the Parks and Recreation Commission reviewed the project and expressed their support of the project. The issue was raised regarding the use of the levee for the path as opposed to providing a new section of land. Staff was present and responded to the issues raised. On June 26,. 2002, the Planning and Transportation Commission reviewed the project and recommended that the Council approve the project. There was concern expressed from Commission members that the increased use of the Geng Road/Embarcadero Road intersection would create a new traffic impact, specifically the left turn movement from Geng Road. The Commission recommended as a condition that the school shall coordinate with the City to provide traffic monitoring to assess the circulation from the new drop-off/pick-up program. On July 11, 2002, the Architectural Review Board reviewed the project and recommended that the Council approve the project. The board reviewed and discussed the design, materials to be used, and the environmental impacts of the project and unanimously approved the project. RESOURCE IMPACT The construction of the new pathway and the repairs necessary for the existing path will be paid for by the school. The maintenance costs will be shared equally between the City and the school and are further described in the License Agreement (Attachment B). ENVIRONMENTAL REVIEW The project is exempt under the California Environmental Quality Act (CEQA); Section 15304. POLICY IMPLICATIONS The project is in conformance with City of Palo Alto’s Comprehensive Plan and the Baylands Master Plan. Analysis and review was done to ensure the. pathway is a supportable use in the Baylands. Please see Attachment D describing policies and programs related to the proposed uses at the Baylands Athletic Center. The installation of this pathway provides a benefit to the school as well as to the public. This pathway will provide an alternate entry/exit point for pedestrians Using the BAC as well as visitors to Baylands.. The pathway is designed for daylight hour use. There are some commercial uses around Laura Lane where employees may also use the path for lunch hours. CMR:348:02 Page 3 of 4 ATTACHMENTS/EXHIBITS: Attachment A Site & Design Findings and Draft Conditions of Approval Attachment B License Agreement Attachment C Transportation Management Plan Attachment D Table: Policies and Program Related to the Proposed Attachment E Attachment F Attachment G Attachment H Attachment I Uses at the Baylands Athletic Center. Planning and Transportation Commission Staff Report (w/o attachments) Planning and Transportation Commission Verbatim Minutes, June26, 2002 Santa Clara Valley Water District Correspondence Location map Project Plans (Council members only) PREPARED BY: DEPARTMENT HEAD REVIEW: CLARE CAMPBELL, Assocla-i-ffrffPlanner EMSIAE Director of Planning and Community Environment CITY MANAGER APPROVAL: EMILY ;ON Assistant City Manager cc:Stuart Berman, International School, 151 Laura Lane, Palo Alto, CA 94303 Bill Springer, SCVWD, 5750 Almaden Expressway, San Jose, CA 95118 CMR:348:02 Page 4 of 4 ATTACHMENT A FINDINGS FOR APPROVAL ARCHITECTURALREVIEW BOARD STANDARDS FOR REVIEW International School Pathway. 151 Laura Lane/Files No, 02-ARB-36, 02-D-01 The design and architecture of the proposed improvements, as conditioned, furthers the goals and purposes of the ARB Ordinance as it complies with the Standards for Architectural Review as required in Chapter 16.48 of the PAMC. (1) The design is consistent and compatible with applicable elements of the city’s Comp?ehensive Plan in that the Comprehensive Plan promotes the enhancement of existing park facilities to meet the growing needs of the community and allows for low impact recreational uses; (2) The design is compatible with the immediate environment of the sirein that the pedestrian pathway is a low impact use within the ecologically sensitive Baylands habitat; (3) The design is appropriate to the function of the project in that the pathway is designed such that the materials, grading, and drainage have little or no impact to the surrounding environment, including the vegetation which has been identified as semi-low quality; (7) The planning and siting of the various functions and buildings on the site create an internal sense of order and provide a desirable environment for occupants, visitors and the general community in that the additional access provided by the path will enhance the Baylands experience; (10) Access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles in that the path meets the ADA requirements for a pedestrian path and allows additional access to the Baylands; (11) Natural features are appropriately preserved and integrated with the project in that the design and materials proposed for the path are more natural looking and will not take away from the surrounding environment; (12) The materials, textures, colors and details of construction and plant material are appropriate expression to the design and function in that the materials proposed for the path are more natural looking and will not take away from the surrounding environment, and the pervious materials used are compatible with the adjacent and neighboring structures, landscape elements and functions; Page 1 of 3 ATTACHMENT A ARB standards/findings #4-6, #8, #9, and #13-15 are not applicable to the project. DRAFT CONDITIONS OF APPROVAL Files 02-D-01 and 02-ARB-36 The plans submitted for Building Permit shall be in substantial conformance with plans dated May 6, 2002, except as modified by these conditions of approval. The designs shall incorporate the directives of these conditions where applicable, and these conditions of approval shall be printed on the cover sheet of the plan set submitted with the Building Permit application. Department Comments 1.Building 1.1. The design of the path, including that portion in the proposed easement extending into Laura Lane, shall comply with the standards specified in the California Building Code section 1132B.2. 1.2. The path design and construction shall be reviewed and approved by the City’s ADA coordinator. 1.3, ADA requirements: path must be in compliance with UBC 1132B.2. and the cross slope is not to exceed 2%. Public Works 2.1. Provide a survey of property lines to determine property line locations. 2.2. School’s contractor shall be made aware that the Santa Clara Valley Water District (District) is retaining a contractor to restore the existing San Francisquito Creek levees to their original as-built height. This levee construction will take place in close proximity to the School’s proposed path. Work on the levee project is expected to begin around July 1, 2002 and continue through October 2002. The City of Palo Alto will be allowing the District’s contractor to use an area opposite the existing softball field, between the levee and the existing gravel/AC path, as a construction staging/storage area. The District’s contractor will also be using Geng Road and the Baylands Athletic Center parking lot as a haul route to access the levees. It is anticipated that the levee work will not preclude the path construction from proceeding concurrently. The School’s contractor shall coordinate his activities with the District’s contractor to allow full access to the levee and the designated storage/staging area at all times. 2.3. The chain link fencing should be black or green vinyl coated. Page 2 of 3’ ATTACHMENT A 2.4.The School shall submit a grading plan, including drainage details, to the satisfaction of the Director of Public Works. 2.5.All improvements shall be reviewed and constructed to the satisfaction of the Director of Public Works. 2.6.The pathway shall remain open as a public pathway at all times. The exception would be if the pathway were closed for repairs Real Estate 3.1. The construction of the path will be at school’s cost. 3.2. The maintenance cost will be shared between the school and the City. 3.3. The school shall obtain easements and/or license agreement from the City of Palo Alto to permit ingresS/egress from city,owned lands. 3.4.The school shall comply with all the conditions of the License Agreement dated July xx, 2002. Transportation 4.1. The school shall implement the Transportation Management Program dated June 18, 2002 4.2. The school shall coordinate a traffic monitoring program with the City. The monitoring program shall include, but not be limited to circulation impacts, including turning movements at Laura Lane/East Bayshore Road and Geng Road!Embarcadero Road. 4.3. The monitoring report shall also document numbers of cars utilizing both drop-off/pick-up locations, use of valgcarp0oling and the City’s shuttle system. The report shall be prepared quarterly and submitted to the City’s Transportation Planning for review. Page 3 of 3 ATTACHMENT B Summary of Terms of the License Licensor: City of Palo Alto Licensee: International School of the Peninsula, a non-profit corporation Premises: For construction purposes only, a 9-foot wide pedestrian path through City parkland near Baylands Athletic Center off of Geng Road. Purpose: The purpose of the license is to provide for the installation and maintenance of a pedestrian path and ingress/egress onto the path. Term: Indefinite and revocable at will by the City. Consideration/Rent: Licensee agrees to construct the path at its expense and to pay ½ the cost of path maintenance. Allowable Use: Licensee .shall use the Premises for constructing improvements to a pedestrian path for access between the Baylands Athletic Center parking lot and the Santa Clara Valley Water District path connecting to the school’s site, subject to the following conditions: 1.Construction of the Path shall be at Licensee expense and in accordance with plans and conditions approved by City. 2.Prior to construction on the site, Licensee shall provide City evidence that any and all permits from agencies having pre-construction jurisdiction over the proposed Path have been authorized and are available. 3.Prior to construction on the site, Licensee shall provide City evidence that sufficient funds will be available to complete the Path as approved by the CITY. ATTACHMENT B 4.Use of ingress/egress by LICENSEE is non-exclusive. 5.CITY shall maintain the Path, and LICENSEE and CITY shall share maintenance costs for the Path on a pro-rata basis. 6.Access by the general public from Property to Laura Lane through District and School Site property may not be impeded or prohibited by any gate or other means. Construction or Alteration by Tenant: Licensee may not make any changes to the property without prior City review and approval. Completion of Path and Acceptance by City Following completion of construction, the path shall become the sole property of City. Maintenance and Repair: City shall maintain the path and Licensee shall reimburse City for one-half the cost on a bi- annual basis. Assignment/Subletting: Any assignment or encumbrance of the license is prohibited. Utilities: Tenant shall be responsible for all utilities supplied to the Premises. Insurance: Tenant shall maintain insurance meeting the City’s standard requirements for insurance protection. Attachment C Traffic Management Update International School of the Peninsula Background & Current Traffic Management I~roeesses In the summer of 2000, International School of the Peninsula (School) moved to its new p ~manent facilities at 151 Laura Lane in Palo Alto. Prior to this, a traffic smdy. of the area had been conducted by an independent consultant hired by the School. Using information from this traffl~ study, the School developed a traffic plan that would constitute the f~:st step in re.ducing automobile traffic volume and enhance safety of the School community members along the busy East Bayshore Collidor. Thh inkial plan consisted in staggering ’arrival and departure times of students, therefore reducing the number of cars al~iving at the campus at a given tkne, and as .implemented, a procedure to speed up the pick-up of students in the afternoon by assigning 12 to 16 st~aff members to supervise the parents, load children in cars and monitor traffic in the parking lot. Carpooling was also encouraged. ISP also has created a "Van Plan" to assist parents who want to carpool. As of today, close to 100 students out of 350 are.being picked up at the 151 Laura Lane campus through carpools. The School also created an.extensive After-School Program to encourage parents to leave their students at the campus longer, which would mean picking them up later in the ’ afternoon. Almost 50 students participate daily in the After-School Program onMonday - Thursday. The School also offers free day care until 4:00 p.m. to give parents additional incentives to pick up their children when the traffic from East Bayshore onto Laura Lane is lighter. The morning drop-off is veryefficiently managed. However, the traffic plan is not. suffmient to handle the trafflo flow in the afternoons during the after-school pick-up time from 3:00 - 3:45 p.m. Because of the volume of traffic in the afternoon, the School has done the following: investigated hiring off-duty police officers to manag~ the traffic on the city ,reviewed the procedures of School staff in the parking lot, and sent numerous communications to.the pa;ei~ts reminding them to help the School be good neighbor and follow the School’s traffic procedures. Along with the traffic plan, the School entered into negotiations with the Santa Clara Valley Water District and City of Palo Alto to create an access gate and path from the campus to the Baylands Athletic Center parking lot located on Geng P~oad. Fall 2002 For the fall of 2002, the School will continue to knplemcnt the current traffic m~nagement plan for the Laura Lane campus. The School intends to center its traffic ¯ m.~nagcment plan around the Gcng Road access. Access to Geng Road Once the School receives permission to build the path to Geng Road, the School will create and implement a pick-up schedule for the parking lot on Geng Road. At least half of the School’s students would be picked up from Geng Road, thus reducing School- related traffic a.long the East Bayshore corridor during the after-school pick-up times. The Geng Road schedule will be communicated to parents.before school resumes, in the fall., Parents willhave to follow the Geng Road schedule in order to pick up their children after school. Enhanced Carpool Program The School Mso is working with parents to develop anincentive program for families who carpool, such as priority dismissal. (See Van Plan). Shuttle The School is in communications with the City ofPalo Alto’s Embarcadero Shuttle to pick up students at Geng Road and take them to the School’s campus on Cowper Street. © © 0 To; I~ROM: DATE: Today you received a colored placard. We will be using placards to alleviate the traffic flOW problem at the Cohn Campus during the pick-up times. Please place the placard in the front window of the vehicle you drive. when you pick up your child(ren) from the Cohn Campus. The placard colors are assigned according to the approximate time your child’s school day ends. If you have more than one child at the Cohn Campus, your placard color and pick-up time correIate with the child whose school day ends the latest. Your.other child(ten) with be supervised by ISP faculty and administrators in the Cohn Campus play area until it is time for you to pick up all of your children at one time. Every afternoon, monkors will be located at the comer of Laura Lane and East Bayshore and at the entrance of the Cohn Campus parking lot to notify parents as tc when they can enter. The monitors will indicate when the next color is allowed to enter the parking lot by changing the color, of the notification signs, which will be located at the comer of Laura Lane and East Bayshore. The following are the approximate pick-up times for the placard colors: > Blue placards: Pickup your child(ten) at 3:15 p.m. > Green placards: Pickup your child(ten) at 3:35 p.m. You will not be allowedto enter the Cohn Campus parking lot until approximately 3:25 p. m. >Red placards: Pickup your child(ten) at 3:50 p.m. You will not be allowed to enter the Cohn Campus parking lot until approxi~nately 3:45p.m. If you arrive early, you will be asked to leave and to return when yottr placard’s color is indicated on the signs. The monitors will be making a note of those who do not follow the new pick-up procedures and appropriate actions will be taken. There also will be monitors in the parking lot to assist children to their cars and improve the flow of traffic through the parking lot. One monitor with a walkie-talkie will be located at the entrance of the parking lot. This person will ask for your children’ s names and will ~xansmit the iifformation to a monitor in the playground area. The playground area monitor will then announce your children’s names over a bullhorn. When the children arrive at the gate, another monitor will walk them co your car. We encourage parents to use both lanes in the parking lot and to drive your car as close to the playground gate as possible. Please do not block ~:affic at the parking lot entrance or s~op your car in the parking Iot while waiting for your children. If your children do not come to your car quickly, please park your car in an available parkisg space and walk to the gate to pick them up. We ask for your full cooperation with the new pick-up system. As you have noticed, the traffic flow situation during pick-up tknes at the Cohu Campus is far less than ideal. This new system will insure that students are picked up in a thnely and orderly manner aud will help prevent the ~affic flow problems we have been experiencing. Thank you! Your cooperation is greatly appreciated. ISP CARPOOL PLAN Get kids home safely & efficiently Purpose Get students home quicklyl safely and efficiently Provide incentivesthat will help reduce use of individual cars for student pick-up and congestion around Cohn Campus Simplify pick-up for parents who drive to both Cohn and Cowper Increase feeling of community and cooperation among .school families Driving a Shuttle Drivers arrive by 3:10 pm Drivers gain parking passes for on campus parking while other cars are turned away from campus Students are assigned a so.at in a specific van Drivers must be able to take a minimum of 4 children Drivers are scheduled for weekly duty from a pool of volunteers Drivers are responsible for driving their shift or must find replacement or lose parking lot access permit Riding the Shuttle Parents register for Van Service and pay ahead of time (cost TBD) Students are shuttled to Cowper Campus for pick-up by 3:40 An aide chaperones students at Cowper unti! parents arrive Parents who are late to pick-up pay a fee to the chaperone, Shuttles are allowed to leave campus before other students are released To Be Resolved Need a place at Cowper for a study hall (or day care) for students whose parents are late Need to establish fees if additional insurance is required for drivers Need to patrol Laura Lane parking lot to keep access open for shuttle vans o oo A A A A A A A A A A o r~ A A ATTACHMENT.D b o ATTACHMENT E PLANNING DIVISION STAFF REPORT TO:PLANNING & TRANSPORTATION COMMISSION FROM: AGENDA DATE: SUBJECT: Clare Campbell Associate Planner DEPARTMENT: Planning and Community Enviromnent June 26,2002 151 Laura Lane [02-D-01, 02-ARB-36]: Request by International School of the Peninsula for Site and Design review for the installation of a new public pedestrian pathway which would connect the school grounds with the existing pathway at the Baylands Athletic Center parldng lot. Zoning: General Manufacturing District with General Manufacturing Combining overlay GM(B), Public Facility PF, and Public Facility with Site and Design overlay PF(D). Environmental Review: Exelnpt from the provisions of the California Environmental Quality Act per section 15304. RECOMMENDATION Staff recolmnends the Planning and Transportation Comllfission recommend approval to the City Council for the installation of a publicly accessible pedestrian pathway connecting the International School and the BaylandS Athletic Center’s parking lot, subject to the attached recommended Conditions of Approval (Attachment A). PROJECT DESCRIPTION Site Information The International School (Cohn Campus) is located at 151 Laura Lane, a short dead-end road off of East Bayshore Road (Attachment B’ Location Map). The private__school is situated across the street from the Palo Alto Main Post Office. The school’s property is adjacent to the San Francisquito Creek and within walking distance to the B aylands Athletic Center (BAC). The BAC is a City owned recreation area with two baseball fields and is open the general public. City of Palo Alto Page ATTACHMENT E The Cohn Campus serves approximately 350 students, ranging from first grade to ninth grade. In the afternoon hours, especially, the pidk-up of children creates a traffic impact to Laura Lane, the intersection on East Bayshore Road and the entrance to the post office. The school is proposing a pedestrian pathway to the BAC parking lot as a means to reduce the traffic impacts caused by the pick-up and drop-off of students. After the pathway is constructed, parents will be required by the school to go to the BAC parking lot; which has sufficient space and parking, to drop-off and pick-up their children. The use of the BAC parking lot would divert approximately 30-40 vehicles away from the busy arterial road and eliminates the queue of cars that flow out of the school’s parking lot, onto Laura Lane, and then onto East Bayshore Road. The proposed pathway is for use by pedestrians and would not meet the design standards required by the City to qualify as a bicycle path. The 1,095 foot long pathway will . traverse parcels owned by the International School, Santa Clara Valley Water District and the City of Pa!o Alto. Construction of the pathway will also include the repair of the existing path on the BAC site. The existing path, adjacent to the baseball fields, provides access to the fields for the recreational users from the BAC parking lot. In order for the pathway to be constructed and utilized, the school must establish agreements with the City of Palo Alto and the Santa Clara Valley Water District (SCVWD). The school has made arrangements with SCVWD for a land swap at a future. date, not yet determined, which will give the school ownership of the district’s land on . which part of the pathway will be constructed. The district is in support of the project and will work with the City and the school to make the necessary arrangement for immediate access and use. The City is currently working on a license agreement that would allow the construction of the path and ingress/egress onto City property. The proposed pedestrian pathway falls across three zone districts, the General Manufacturing District with General Manufacturing Combining overlay GM(B)- school property, Public Facility PF- district property, and Public Facility with Site and Design overlay PF(D)- City property. The PF(D) designation requires Site and Design review. The scope of the project is as follows: The proposed path will be maintained as a fully accessible public pedestrian pathway and will not be gated at the school access point. The total length of the path is approximately 1,095 feet. Twenty-eight (28) feet of the path falls on school property, 145 feet on district property, and 922 feet on City owned property. The new 6 foot wide decomposed granite path will start at the school and extend 333 feet. The last 160 feet of the new segment is on City owned property. City of Palo Alto Page 2 ATTACHMENT E The remaining 762 feet of the 9 foot wide path (owned by the City) is existing and will be repaired as required by the City. Five 32,inch tall low-level bollard lights will be installed as well as a four-foot tall chain link fence on the creek side of the newly installed pathway. The length of path that will be lighted is 173 feet, and does not include the segment that is on City property. The estimated cost of the pathway project, which includes repairs to the .existing path, is $35,000, which would be paid by the school. The City and the school will share the cost of maintenance for the pathway on a pro-rata basis. Details on this arrangement have not been finalized yet. The timeline proposed for the completion of the pathway is before the beginning of the new school year (Fall 2002). Tl~e agreement between the School and the City includes conditions that all improvements including drainage, materials and lighting are subject to review and approval for the Director of Public Works. Proiect History. In May 2001, representatives from the school approached City staff with a proposal to build a pedestrian pathway extending from the BAC parking lot to the school and to improve a section of the BAC with playfields and other amenities for public use. The request by the school to have public-private partnershipwith "limited exclusive rights" to use City property prompted staff to consider the appropriateness of the request. An evaluation by the Council’s Policy and Services Cormnittee brought forth a recolmnendation to the City Council to direct staff to proceed with the public-private partnership with the pathway. The proposed playfields have been deferred until further site analysis has been completed. SUMMARY OF ISSUES Comprehensive Plan The project is in conformance with City ofPalo Alto’s Comprehensive Plan and the Baylands Master Plan. Analysis and review was done to ensure the pathway is a supportable use in the Baylands. The results of that analysis are included in attactunent C of this report. Traffic The school was directed by Council to provide an improved Transportation Management Plan to address the current traffic impacts. Staff has reviewed the proposed plan and finds that it would adequately address the school’s operation (Attachment D). Some of the highlights of the plan are as follows: City of Palo Alto Page 3 ATTACHMENT E Staggered arrival and drop-off times of students. A colored placard system, associated with a designated pick-up time, has been established with the.parents to control the flow of the cars during the afternoon pick-up. "Van Plan" carpool program established to assist parents with organized carpooling. The school is also committed to work to create incentives to encourage more participants. " After school programs and free childcare ~(until 4 p.m.) allow for student pick-up later in the day. School staff is working with the City’s Transportation Division to develop the potential of a new shuttle stop for the Embarcadero Shuttle that would be easily accessible at the BAC. Parking Lot The parents of the students will use the public parking lot during specific times inthe day for morning drop-off and afternoon pick-up. Staff does not anticipate that this limited increase in use of the parking lot will have negative impacts on the available parldng at the BAC because it is during weekday non-peak~ Use hours (7:45-8:30 a.m. and 3:00- 3:45p.m.). Council requested that the P&TC provide additional comments on proposed time limits in the BAC parking lot. Drainage The material being used for the new section of the pathway is decomposed granite, which is pervious and allows drainage. This material is more natural in appearance than other paving materials and will not create heat spots as would an asphalt surface..The Public Works division has reviewed the grading plan for the path and will coordinate with the school to eliminate any drainage and runoff impacts. Zoning Ordinance Compliance The proposed path would be a permitted use for the three zone districts involved, the General Manufacturing District with General Manufacturing Combining overlay GM(B), Public Facility PF, and Public Facility with Site and Design overlay PF(D). General Benefit The installation of this pathway provides a benefit to the school as well as to the public. This pathway will provide an alternate entry/exit point for pedestrians using the BAC as well as visitors to Baylands. The pathway is designed for daylight hour use. There are some commercial uses around Laura Lane where employees may also use the path for lunch hours. ENVIRONMENTAL REVIEW The project is exempt from envirom~ental review per CEQA section 15304. City of Palo Alto Page 4 ATTACHMENT E A portion of the new pathway, adjacent to the post office property, will require the removal of existing vegetation. The SCVWD has provided the City with a copy of a .~ .. Botanical Survey of the area affected by the new section of path. The following is an .. excerpt from this report: Vegetation was thick, dense and very woody. It Was composed dominantly of shrubs such as coyote brush (Baccharis pilularis) and Italian buckthorn (Rhamnus alaternus). Most of the coyote brush was mature with some dead wood also present. Other species present included coast live. oak (Quercus agrifolia; mostly saplings but at least 1 semi-mature tree), and Eucalyptus sp. (many saplings and two large mature trees). The survey site contained no real understory, but scattered Himalayan blackberry (Rubus discolor) and ivy (probably English ivy, Hedera helix), as well as smilo grass (Piptatherum milliaceum) near the levee in more open areas. There are no wetland issues or sensitive plant species issues at the sample site. The vegetation is mostly disturbed and is of semi-low quality with a lot of exotics, although it could provide excellent bird cove.. The only plant species of interest would be the coast live oaks and the coyote brush, due to the cover and habitat they provide to other species as well as the fact that they are native species of mature stature. [There are no tree removals proposed for this project.] This survey determined that "there are no wetland issues or sensitive plant species issues" for this area. The removed wildlife cover and habitat will be re-supplied when the SCVWD replants the levee providing an improved ecological area. The project includes coordination by the school and the. City’s Naturalist to survey the site adjacent to the existing post office fence for any ground nesting, roosting, or other significant wildlife before any work begins. The SCVWD has advised staff that as part of the mitigation work for their Matadero Creek Flood Control Project, the levee area will be replanted with California native vegetation. The timeline for this project is not yet defined, but the district is committed to the replanting of the levee. NEXT STEPS The Planning and Transportation Commission’s recommendations will be forwarded to the Architectural Review Board for review and recommen’dation and then to City Council City of Palo Alto Page 5 for final action. ATTACHMENTS/EXHIBITS: ATTACHMENT E Attachment A. Attactnnent B. Attacbanent C. Attachment D. Attachment E. Location map CMR: 185:02 Draft Transportation Management Plan Project Proposal Letter from International School Project Plans (Commission members only) COURTESY COPIES: Stuart Berman, International School, 151 Laura Lane, Palo Alto, CA 94303 Bill Springer, SCVWD, 5750 Almaden Expressway, San Jose, CA 95118 Prepared by: Clare Campbell, Associate Planner Reviewed by: John Lusardi, Current Planning Manager DepartmenffDivision Head Approval: Lisa Grote, Chief Planning Official City of Palo Alto Page 6 Attachment F Planning and Transportation Commission Verbatim Minutes June 26, 2002 DRAFT EXCERPT NEW BUSINESS. Public Hearings: 151 Laura Lane (International School Pathway) Fiie Nos. [02-D-01~ 02-ARB- ~ Request by Stuart Berman on behalf of International School of the Peninsula for Site and Design review for the installation of a new punic pedestrian.pathway which COlmects the school grounds with the existing pathway at the Baylands Athletic Center parking lot. Environmental Assessment: Exempt from the California Environmental Quality Act. This item has been tentatively scheduled for a public hearing with the City Council on July 22, 2002. Chair Burt: Would Staff like to mace a presentation on this subject? Ms. Grote: Thank you. I would like to introduce Clare Campbell who is an Associate Plarmer who has been the project manager on this particular project. This is the first time Clare has .appeared before you so we would like to welcome her. Also to let you know that Clare, John Lusardi and I as wetl as Wynne would be available for questions if you have them after the presentation. Ms. Clare Campbell, Associate Planner: Good evening Mr. Chair and members of the Commission. Staff recommends the Planning and Transportation Commission recommend approval to the City Council for the installation of a publicly accessible pedestrian pathway connecting the Intemationa! School and the Baylands Athletic Center’s parking lot. Please reference the overhead projection while I describe the project site. The Cohn Campus of the International School is located at 151 Laura Lane, a short dead- end road off of east Bayshore. The private school is situated across the street from the Palo Alto Main Post Office. The school’s property is adjacent to the San Francisquito Creek and within walking distance to the Baylands Athletic Center. The Baylands Athletic Center is a City owned recreation area with a baseball and softball field and is open to the general public. The Colin Campus serves approximately 350 students, ranging from the first grade to ninth grade. In the afternoon hours, especially,, the pickup of children creates a traffic impact to Laura Lane, the intersection on East Bayshore Road and the entrance to the post office due to the queuing of vehicles. Page 1 The school is proposing a pedestrian pathway to the Baylands Athletic Center parking lot as a mean to reduce the traffic impacts caused by the pickup and drop-off of students. After the pathway is constructed, parents will be required by the school to go to the Baylands Athletic Center parking lot to drop off and pick up their children. The project involves installing a new segment of decomposed granite path which is represented by the green blocks on the aerial and the repair of an existing asphalt path which is represented by the pink and white line. The school proposes to pay for the construction of the path and the maintenance will be shared between the City and the school. This pathway traverses parcels owned by three entities, the City of PaloAlto, Santa Clara Valley Water District and the International Schooll In order for the pathway to be constructed and utilized the school must establish agreements with the City of Palo Alto and the Santa Clara Valley Water District. The school has made arrangements with the District for a land swap at a future date which will give the school ownership of the District’s land on which part of the pathway will be constructed. It is the last segment. You can see on the illustration right there. . . The District is in support of the projectand will work with the City and the school to make the necessary arrangements for immediate access and use. The City is currently working on a license agreement that would allow the construction of the path and the ingress and egress onto the City property. On April 8 the City Council directed Staff to work with the school to accomplish this pathway. As part of this project the school was directed to update their existing transportation management plan and have the Planning and Transportation Commission review this updated plan and the path project. The Parks and Recreation Commission reviewed this project yesterday and has expressed support for the project. The Planning and Transportation Commission’ s recommendations will be forwarded to the Architectural Review Board, scheduled for July 11, for their review and recommendation and then to City Council for final action on July 22. This concludes Staff’s report. The applicant, Stuart Berman, will make a presentation of the project. We also have here Bill Springer from the Santa Clara Valley Water District available for questions as well as Paul Diaz of Community Services. Chair Burt: Thank you. Are there any questions from the Commission prior to hearing from the applicant? Phyllis. Commissioner Cassel: I had asked Clare some questions about numbers and she indicated earlier about how manyfamilies are involved and what the actu.al numbers are and was there a real traffic count. I was told that the school was going to do that part of the presentation. Chair Burt: Great, thank you. Mr. Berman, welcome. Page 2 Mr. Stuart Berman, Chairman, Site Committee, Board of Trustees, The International School of the Peninsula, 2180 Cowper Street; Palo Alto: Thank you. Just to answer Ms. Cassel’s question I will have one of our other school personnel address that question at the end of my talk. ¯ I am a member of the Board of Trustees of the school and the head of the Site Committee and that is why I am the lucky one who gets to come here and talk about the path. Clare gave a very good overall summary of what we are trying to do and having that photograph up there is just wonderful because.I brought my little diagram which you really can’t see from there. The school is proposing a path that connects the ISP property with the Baylands Athletic Center.and Geng Road. Really one of the main reasons for doing that is to have an ability to pickup our children in the afternoon when traffic on East Bayshore Road is really quite terrible and it is really a logjam at student pickup times. The reasons for our proposal are that we seek to eliminate that traffic congestion on East Baysh0re Road and give better access not only to the school but to local businesses and the post office which have been quite severely affected by the traffic situation. Even more so it is important to increase the safety.of our students not only when they are being picked up in the afternoon when they dart between stopped cars and are in cars that are trying to negotiate ¯ the traffic but also during the school day when physical education classes are trying to make their way over to the Baylands Athletic Center and have to walk along the substandard sidewalk along East Bayshore Road to get to the Baylands Athletic Center. A number of times there have been questions about the exact placement of the path. Most often the question from people who have come out to examine the site is why don’t you just put it on top of the levy. Fortunately we have Bill S.pringer here from the Water District tonight who can address this question even better than I can. At this point it was where the school originally sought to locate the pathway because it appeared that there was a good solution already in place. Upon further inspection it really is problematic for pedestrians in general but even more so for groups of school children because not only are there Water District service trucks using that pathway fairly frequently but the path is . about 12 feet raised from the creek bed and there is a 12 foot drop off or basically a 12 foot cliff onto large boulders onto which someone could easily fall. There are a number of impacts to the path that we are proposing and I would like to just go through them quickly. The first one is traffic. The school anticipates relocating about half of its afternoon pickup activities to the Baylands Athletic Center parking lot. That would basically take our cars off the street, off of being stopped on East Bayshore Road and off of blocking the entrance to the post office. In addition to the shift of traffic we believe we can reduce the absolute size of the traffic that we generate. We have been working with the City to try and link of with the City shuttle so that it can shuttle our students over to our other campus on Cowper Street, The shuttle people have been quite supportive of that mostly but they have been unwilling to bring the shuttle down East Bayshore Road because of the traffic congestion. However, they have been willing to consider bringing it into Geng Road, which is essentially at the end of one of its routes as Page 3 it goes down Embarcadero Road. Philippe Dietz from the school and possibly Francois Guedenet from the school will address our traffic management issues in a little bit more detail at the end of my talk. Another area that is affected by what we plan is the Baylands Athletic Center. In the words of Joe Kott from the City Transportation Staff, it is a great dual use of a property. Essentially this property is unused before about 4:30 in the afternoon when the baseball players start arriving. All of our activities would occur between approximately the hour of three o’clock and four o’clock. So there would really be no overlap in activities there. In terms of environmental impacts there are a number of those. First of all a path such as this is a sanctioned use in the City Plan as far as what types of uses are permitted or even supported in riparian areas. It will also reduce the number of idling cars that are sitting out on .the street and therefore reduce air pollution. We have designed the path so that it would have minimum impact on where it goes. It takes the shortest route possible between the school and the Geng Road parking lot. As Clare stated it is made of pervious materials to minimize runoff and also the plants that are in the area that may be affected are.mainly coyote brash, which is a native plant but i,t is not a threatened plant and it is quite abundant in the area. I add to this that there will be other things going on, other construction issues going on, at the time from the Water District and I am sure Bill Springer will step on my toes if I state anything too wrong but much of this area will be under construction beginning late this summer when the Water District begins raising the levy up to its originally constructed, 1959, levels. Then the good part about this is that the Water Distinct will then be using the area essentially betweenHighway 101 and the beginning of the Baylands Athletic Center as its Matadero Creek mitigation area. I did say ~Matadero Creek. This area will be replanted with native species and brought back to a natural state. So what I really want to say here is that this proposal is going to benefit all of the residents of Palo Alto whether through the traffic relief it affords or more directly through a safer environment for some of our youngest citizens, our school children. I am going turn the floor over to Philippe Dietz and Francois Guedenet. Mr. Philippe Dietz, Assistant Heat, International School: Good evening I am Philippe Dietz the Assistant Head at the International School of the Peninsula and this is Francois Guedenet our Director of Finance and Operation. We have been working on designing, with our staff, a traffic management plan that would ¯ help us solve the issue that we face. The first item on that plan was for us to reduce the number of cars coming at a certain time on the Laura Lane campus. As mentioned by Stuart Berman we had approximately 350 students on our campus representing approximately 245 families. As for number of cars we have approximately 175 cars coming to school every day. Page 4 The big issue that we are to address was the time between 3:15 and 3:34 where there is a huge congestion in front of the school due to pickup. To alleviate that we created a staggered schedule at school. Students leave thecampus at 3:15, 3:35 and 3:50. We also have offered incentives to our parents by providing them with free daycare until 4:00 so that they could come after. We also have increased.the number of after school activities at school on the campus to allow parents to leave the students on campus longer. The biggest of course really is between 3:15 and 3:45. After that time, because most of our employees have left our building, we have parking spaces available for parents and therefore there is more trafflc. We also have worked very diligently on increasing carpooling in our community. As I said before, approximately 70 families use carpooling now on a regular basis, which also helped a lot. The big hope we have is that working with the City and the shuttle will allow some of our Older students to get back to Palo Alto by different means. It.was also a priority for us. All this was done with the idea of safety. When we worked on this plan we also anticipated the fact of being able to go to Geng Road may allow some of our students to use {he bike paths and therefore be able to go back to Palo Alto on the overpass over the freeway using their bike. That is nearly impossible right now because students drive on East Baysh0re at peak hour is not very safe. So it was a big concern. We are working in conjunction with the City and tried with our neighbors to also find different ways. We have talked with businesses in the neighborhood to try to rent parking spaces from them. It is an ongoing process. Nothing was available now but we have been asked to come back to them a few months from now. It is something we will do in order to put our staff there and at times be able to park on the parking lot where we have 50 plus spaces, which will alleviate. At peak time, during this half hour, we have approximately 85 cars coming. It takes us a minute to load approximately five or six students in a car and that is why we create the backup. The backup is also created because some of our families come earlier to school in order to be first in line and not wait. We have worked very hard to educate them in not blocking Laura Lane. Mr. Fran~oise Guedenet, Director of Finance, International School: In order to alleviate congestion, if we can take half of our students between 3:15 and 3:45 and walk them to the Geng Road parking lot by the path we will cut the number of cars in half that actually come during that period of time. That will completely change the dynamics of the backup that actually occurs between 3:15 and 3:45. It is just about 40 to 50 cars .that in fact are too much and do not allow the flow and the traffic to move because it is exactly the same time that people are talking East Bayshore to bypass 101, which is slowing down, so they can get to .the Dumbarton Bridge. So we hope that by splitting our students in half it will really help the situation, which is being caused in that half hour period of time, which is really a difficult time. Thank you. Chair Burr: Thank you. Do Commissioners have any questions of the applicants? Phyllis. Page 5 Commissioner Cassel: My concern is that you aren’t asking enough of us.’ Where do people park during the day when they are coming to visit the school? I only saw your staff parking and a couple, of visitor spaces. Mr. Dietz: Yes, we have only a few visitor spots on our lot. We have four spaces on the school lot. During the day usually there are spaces available on the street so we advise our parents to park along East Bayshore and some may have to park after the creek, after the bridge and walk to school. Commissioner Cassel: Would it not be safer if the parents parked over in Baylands Athletic Center? Mr. Dietz: It would be safer but when we asked for the use of Geng Road it was only for the piokup period and not for anything else. We have no intention of using the parking lot longer than during that half hour. Commissioner Cassel: If you were glven permission wouldn t it not help? Mr. Dietz: If we were given permission it would definitely help, yes. Commissioner Cassel: Thank.y~u. In the morning would it help to be able to drop students off?. There is certainly no one playing games over there at eight~i.n the morning. Mr. Dietz: Yes, it would help but as we have seen in the morning we don’t have an issue ¯ of backing up. The parents come to campus, students get out of the car, the process goes smoothly. We also have a staggered schedule in the morning so not everybody Comes together. So in the morning we have never seen an issue. That is why we are concentrating on working on the evening. Chair Burr: Bonnie. Commissioner Packer: I have a question about what will happen at the Geng Road- " Embarcadero intersection. I don’t remember, is that a signalized intersection? Then there is only a small amount of places for people to make left turns. Has that been looked at? I don’t know if this is a question for Staff or the applicant. I think that would befor Staff. Has the impact on left turns at that intersection been looked at with 40 cars coming at once? Ms. Campbell: Transportation didn’t review that and they didn’t see that would be an . impact. I don’t think they thought that everyone would be coming right at the same time and they didn’t think there was an issue. I think in speaking with Carl Stoffel that they would consider redoing the timing of the lights if that was something that would help out if it was needed. Mr. Guedenet: May I also add that our parents are looking for a spot to actually talk to each other. So. they would be coming a few minutes earlier so they could actually sit and Page 6 talk for a little bit waiting for the children to come and then they would leave. So they would not all arrive all at the same time. I kuow that they really want an area to congregate because we don’t have that space in our parking lot. Chair Burt: Karen. Commissioner Holman: Ihad the same concern that Bonnie does about that left turn lane. It looks like it only handles about three cars. A couple of questions for you. If you. could educate me about why.there is not a problem in the morning but there is in the afternoon. Could you expand on that, please? Mr. Dietz: Yes. The process of taking students out of the car and bringing them from the playground to the car is shorter. When parents are coming in the morning we have five or six staff outside opening car doors and taking them out and walking them to the playground and it is very quick. For the evening we have a system where we have somebody on the playground with a walkie-talkie and someone inside the playground with a walkie-talkie. We are calling cars by numbers because we have a plaque system. We have to call the cars, we have to call the students in the courtyard, they have to be walked down to the cars which takes more time. The other issue is that we are dealingin some instances with young students, some of them are first and second graders, and it takes them more time to move out with all their stuff than it does in the morning. In the morning the only action is to get out of the car, open the door, close the door and the parents, can proceed. The other issue that we see in the evening is that it is 3:15-3:30 and that is the time when post office trucks come back to the post office, which is adding to the congestion in Laura Lane. It is really the time for us to call the students to make. sure they are ready to be placed in their car, which creates the backup. The other thing I mentioned before is that we have some parents who are coming earlier so we begin our dismissal process with a backlog onto Laura Lane, which takes approximately 10 to 15 minutes to be resolved. Commissioner Holman: It begs the question then, I don’t mean to speak of children this way but could the children not be staged so to speak in the afternoons? Instead of . waiting for them to get to the cars, it seems like an obvious thing unless there is something I am not seeing here, I understand why there would be a backlog if the kids have to be called from a playground to get to the cars. That sounds like a formula for failure. Mr. Guedenet: In the morning it doesn’t matter which student you pull from the car because he needs to come out of the car. In the afternoon it does matter which student you put into a car. It has to be his car.. Mr. Berman: IfI could just add one thing to that. The school actually does marshal the students to some degree. There are picnic benches along the side of the school where they have their lunch. So the kids are brought out, they are seated at the picnic tables and they are required to stay there until they are picked up in the afternoon. It is not a lot of Kin for them but they are not running around the playground while they are waiting for Page 7 the cars. So I think it really is done as efficiently as possible but it is still not fast enough to really prevent the backup from occurring. Chair Burt: If I might add, the issue is basically that you can’t predict which parent is going to come at which time. So they can’t anticipate the arrival of particular parents. Commissioner Holman: I thought though, the purpose of staggering and sequencing the hours is so you could have a better predictability of what parents are coming. I know of course you can’t just shove a kid in a car. Mr. Guedenet: We still have more than 100 children at that one period of time and the cars are coming in whatever order they show up. We still have to identify that one child and put him in the car. It just takes a little bit longer than it does in the morning. In the morning the post office is not open. So there is no post office traffic and the East Bayshore traffic doesn’t. It is very, very small compared to the afternoon where the actual traffic already is very heavy on East Bayshore from the people leaving work. Chair Burr: Phyllis. Commissioner Cassel: You gave quite an extensive explanation of how you do this pickup, which looks like a valiant attempt. Do you have a number for how minutes it takes for pickup? It takes one minute to drop-off. It sounds like it would take three or four minutes to pickup and that that’s what happens. Mr. Dietz: On an average we can move approximately five to six children per minute. Commissioner Cassel: In the afternoon? Mr. Dietz: In the afternoon. Commissioner Cassel: I couldn’t get my kids to move that fast in the system you have. That is sort of like a miracle. You are flying them through the air. Mr. Guedenet: We have six to eight staffpeople who are working who are taking kids. As the walkie-talkie is calling the kids, we are calling the kids and then one person goes and gets the kid and brings them. So there is a whole line. Chair Burt: It sounds like quite an efficiency. I should witness it some time. Mr. Berman: You are welcome to come. Chair Burt: Thank you. It is not like herding cats. Thank you very much for your presentation. Do we have some additional.questions of Staff at this time? We have one public speaker coming up. There was a reference to an absence of Attachment C in our packet. Is that correct? Was there an email to that effect? Page 8 ¯ Commissioner Cassel: There was a mix-up with Attachment A and they have explained that. Ms. Campbell: Originally in the first draft of the StaffReport Attachment A was the conditions of approval and in the fmal report we had removed that one and in error I left a reference to that conditions of approval. That is in the very first paragraph of the Staff Report. Chair Burt: I was having trouble finding what is reference as Attachment C on page three of the current Staff Report under the Comprehensive Plan analysis. Could you walk me through that? Ms. Grote: In regard to your question on Attachment C, the Traffic Management Update, International School of the Peninsula is towards the back of the packet. Chair Burt: The C I am referring to when we look down toward the bottom of page three of the latest Staff Report, second paragraph from the bottom under Comprehensive Plan and the fin!l sentence says, "The results of that analysis are included in Attachment C of this report." That is the one I couldn’t locate. Maybe while we hear from the member of the public you could research this. Mr. John Lusardi, Current Planning Manager: That Attachment is actually an attachment for the Planning Commission’s report to Attachment B. That is an attachment of the CMR that the Commission received, The Staff prepared an ana!ysis of the Comp Plan policies for that CMR. Chair Burt: I think I found it. Thank you. We have one speaker from the public, Herb Borock. Mr. Borock: Hello again. The project before you is really a piece of a project because on its faceit talks about that it requires a land swap. So it is essentially piece-mealing. The project that originally came before the Architectural Review Board prior to the construction did a traffic analysis that assumed the maximum of 400 students at this location. Currently we are told there are only 350. It would seem to me that it would be appropriate to place a limit of 400 because there has been no traffic analysis for this pathway. It is just a statement from the Assistant City Manager that she talked to transportation people and they said there wouldn’t be a problem.. That is not substantial evidence. I have just the opposite opinion of Commissioner Cassel about the use of the parking lot. I don’t believe the parking lot should be a substitute for any businesses including the schools employee parking. So I don’t see the parking lot being used for some other use other than the one that is being proposed. When this was before the Council, I believe or the Policy Committee, I can’t recall which but I believe it was the Council it was mentioned that at one time the school had a bus contractor of its own but the parents didn’t want to pay the money for the bus sitting in the traffic to pickup the students. If Page 9 the purpose of this pathway is to provide a location where traffic flow is much smoother it seems possible that instead of having all these cars coming in at that time that there be transportation such as a school bus to pick up the students and bring them to a place where apparently it is less congested at the International School’s other campus on Cowper Street, Our. Lady of the Rosary, I believe if where it is. The apparent problem seems to be that the parents do want to congregate and want a place to congregate. So if that is what this is for then I can understand the reluctance to have a bus but it Seems to me that that’s the simple solution instead of 30 or 40 trips you have one trip. i don’t see how the existing shuttle system that Palo Alto runs would be of any help. The shuttle that goes on Embarcadero is a different shuttle than the one that goes across town and it is difficult to connect between the two of them if the intent of using the shuttle is to bring it to a place such as the school’s other campus in South Palo Alto on Middlefield Road. The Zoning Ordinance compliance that I am concerned about is that some of the land that is proposed to be swapped is Santa Clara Valley Water District land and typically that land is flood control easement land that can’t be used in determining a properties allowable floor area ratio. I don’t know where the current property sits in terms of being close to or not close to its allowable limits but you will recall recently on Edgewood Drive you had to amend the City Code regarding excluding floor control area from calculating allowable floor area. You gave an exemption to that in that case where they - were taking away. Here that is not the same situation. Here the school for its own... reasons wants to swap property. It may be a very small amount of property in which case it may not be material but those are the kinds of issues that will be discussed in environmental review if the entire project was treated with one environmental review as it is required to be by CEQA. Thank you. Chair Burt: Thank you. We have no other speakers from the public so at this time we can return to the Commission. Are there any additional questions that the Commission has of either the Staff or applicants? Michael. Commissioner Griffin: While I am generally supportive of what the school is trying to accomplish here, when’I went over to do a site visit I like two of the other Commissioners here this evening was struck by the exceptionally short length of that left-hand turn lane from Embarcadero onto Geng Road. I guess I might have expected the Staffto look into that a little bit because considering the time of the afternoon when, like the applicants have stated, East Bayshore Road is absolutely to the max with traffic if in fact there is a backup in front of that green left-hand turn light you could easily back traffic back into that intersection. I think it has serious ramifications. I am wondering if Carl Stoffel or anyone else is going to be discussing this in more detail. MS. Grote: Yes, Carl did look at this. He reviewed the application and determined that there isn’t a conflict there however, if that occurs in the future signal timing.can be modified so that it accommodates that turn. And we can have him look at the possible extension of the left-hand turn lane if that is needed. Page lO Commissioner Griffin: My observation is there is not a lot of room to be doing that sort of thing and there is just a terrific amount of traffic coming right.down into that intersection that time of the afternoon. Ms. Grote: The other factor to keep in mind is that most of the traffic coming from the school is a non-peak hour for that location. So Carl didlook at this and recommended that any future problem, should they occur, he is not anticipating them but should they occur they can be accommodated through the signal timing. Commissioner Griffin: I hope you are right. Chair Burt: Annette. Commissioner Bialson: What power will we have to perhaps amend or revoke this permission should we find that we have done nothing but transfer the traffic problem from Laura Lane to that intersection at Geng Road? I too had the same reaction when I went out to visit the site. I understand and appreciate Carl’s analysis but I think the reality of the situation is not really going to be able to be assessed until we see what occurs. We may find that the parents create their own traffic problem just by the presence of the number of cars we are talking about. So I am wondering what can we do to perhaps give ourselves an ability to alter this arrangement at some point in the future. Mr. Lusardi: I will try to answer part of that and then let Wynne add to the agreement. Basically what the Commission can recommend included in the site and design review is a mitigation monitoring program. That is, look at this on a regular basis as we do with a lot of conditional use permits for schools we do quarterly or annual reviews of their operations. You can include that in the annual review. The other part of it is the license agreement that is being brought forward between the school and the City and I will let Wyrme speak to the legal requirements of the license agreement. Ms. Wvrme Furth, i Senior. Assistant City Attorney: This is an interesting situation. This school doesn’t have a conditional use permit because the school is a permitted use at this site. So it originally was located in this area with a design review. This proposal before you for a site and design review, and of course the Council also asked you to comment on the proposed TDM that goes with it, is not like the ones you usually see because it involves a modification to City Park property. That is going to require a Park Improvement Ordinance for adoption by the Council before this can go ahead. It also, because of the proposa! to get another access to the City park from a place where we don’t have access now, there is going to be a license agreement. A license agreement is a non-exclusive shared use of property. It is not a lease because a lease excludes other people. The license means that we agree to make this access available. So when negotiating the terms of that license agreement it is certainly possible to include language that addresses this. All licenses, incidentally, to City parks are revocable licenses. The City can terminate them if circumstances require. We can make it clear that the purpose. Page 11 of this is to alleviate traffic congestion and if it is causing traffic congestior~ then we will have to either get better traffic mitigation or make another arrangement. Chair Burr: Annette. Commissioner Bialson: I think that we n~ed to do something to try to help the schoo! handle this problem but I essentially see the problem as being one of a failure of due diligence on their part when they selected the site. Locating the schoolin the area they did was ripe for this problem to arise. I am loath to have the.City bear the burden by shifting the problem somewhere else. I also know that once we agree to something we always try to work it out and accept compromises that might not be to the best interests of the other citizens of the City. So I am not quite sure how we deal with this but I just wanted to express those thoughts. Chair Burt: I think Mr. Berman, the applicant, would like to also comment on that. Mr. Berman: Yes, ifI could please. I would like to comment on the left turn lane. IfI may I would also like tO comment on why the school sited itself where it did. Would it be okay to address both of those? First of all with regard to the left turn lane..Essentially the Geng Road traffic light is about 150 feet beyond the East Bayshore Road-Embarcadero Road traffic light. So it is essentially part of the same intersection and it is a T-intersection, it is not a through :intersection. So the light at Geng Road can be timed in coordination with the light at Bayshore Road. So that when the light at Bayshore turns green the light at Geng turns green as well and stays green throughout that whole period essentially eliminating any traffic backup at the Geng Road left turn lane. That is why the traffic folks do not feel that there is an issue with that intersection. With regard to why the school located itself where it did, I am sorry to say that Palo Alto is a City where nimbyism reins. All you have to do is look at bond issue that the Palo Alto School District issued where they were going to raise JLS Middle School and build a new two-story building and it was fought offby the residents. The Intemational School spent more than 10 years looking for a site not only within palo Alto but within other . surrounding peninsula cities going .as far south as San Jose and I am not sure of the northern border but at least to Redwood City and I think to San Carlos..The fact is that the residents of cities just don’t like to have schools. They don’t generate revenues and as much as everybody says that they are in favor of education it is really tough to find a location for a school. You can look at the battle that the Phillips Brooks School is undergoing in Woodside right now. The Children’s International School in Palo Alto which is currently located at the Cubberley site has purchased a piece of land in South Palo Alto which I have heard it is going to relinquish at this point because it has been unable to convince the neighbors that they should be allowed to put a school there. So it wasn’t for lack of trying that the school located where it did. We realize there are problems to the site, we run into it, and we thought that rather than going out of business we would make the best of a less than perfect situation. That is all I have. Page 12 Chair Burr: Karen. . Commissioner Holman: I have another question if you would. Have you explored to the best of your ability van-pooling? The report says that one-third of the students are in Palo Alto and two-thirds are from Communities outside of Palo Alto. So to tryto alleviate this problem by more extensive use of van-pooling would certainly be preferable and I know you have explored it but. is there any other way that you can? Mr. Berman: The school tried a couple of things .last year, which was our first year at the site. Maybe one of these gentlemen can help out a little bit more on that. First it tried using some nine passenger vans and using those as shuttles .to go up to the other campus. One of the problems with that was that because of the traffic Situation trying to get back they could essentially make one run Or two runs through?. Just one run in the course of the afternoon and it was prohibitively expensive because we had to have drivers hired for that. Then the next solution that we tried was to hire a bus. Probably not surprisingly all school buses are in use at that hour so the bus that we hired last year was one of those inner-city buses, the plush ones with the high seats. The cost of that I believe was $60,000 for about half of the year and being a school we just don’t have that much money. So looking at tight budgets and the difficulty in supporting that and seeing a $60,000 or maybe it is $100,000 a year stream going on into eternity just wasn’t something that made sense. Commissioner Holman: What I am looking for is I am looking for parents who come from San Carlos for instance to van pool kids from San Carlos to the school instead of trying to get kids from Cowper to the Laura Lane site. So I am talking about getting kids in Van pools from other communities here to lessen the burden on the streets. Mr. Berman: There have been some efforts to increase the carpooling among the families. I don’t know the exact numbers maybe Philippe does..We have lists that show all the families by zip code so that families can identify each other and form carp.ools. I think there has been a reasonable amount of carpooling that has taken place. Reasonable is a subjective term but there is more carpooling occurring now than there was in the past. The traffic problems now are not as bad as they were before. So everything we have done has improved the situation somewhat. Commissioner Holman: If I could I have one more question for you. You have some first graders too, some rather young children, and so has there been any consideration of shortening their school day to have be through at 1:007 Or does that get to be complex because people have more than one child in the same school? That would also stagger traffic. Mr. Berman: There is also an educational issue there, which I am not confident of addressing. Page 13 Mr. Dietz: What we need in order to minimize or lower the number of students is to increase the day for the older students. In fact our middle school students spend seven hours in class every day between 8:00 and 4:00 with an hour for lunch. The other students are leaving earlier. We thought about shortening the day for first graders and the way to create an impact was to have the day shortened by almost an hour to make it worthwhile. As you mentioned, we have many families in our school so we need to have time for those parents to bring them somewhere and then come back to school, not to stay at school waiting for the older students, which some of them would have done. So we have looked at all those possibilities but we are seeing that by increasing after school activities, increasing access to study hall after schoo! we have succeeded in maintaining a big number of students within the walls of the school and not use cars before 4:00 or 4:30. It is something that we car; look into the again to see if we can improve that. Commissioner Holman: One last question if I Could for you. This is a very long path that is being proposed here. Again you have some very young children here. What are you anticipating as far as the children getting down to the BAC parking lot? Are teachers going to escort them? Mr. Dietz: Absolutely. In fact we are going to limit the walk for students in grades three, four, five, six, seven, eight and nine. Six, seven, eight and’nine is not as important because they end at four. So we speak about bringing students from grades three to five over to the Baylands Athletic Center parking lot. They will be able to walk. It took us approximately four minutes to make this walk with a group of students, which will be eIlough. Commissioner Holman: I have to follow up on that. If you just want the older children to walk.that path what about like the previous question about if you have first graders and the same parents with children that are older then how do you manage that? Mr. Dietz: Because of the staggered schedule they will be left On Geng Road first and then be able tO come onto the other campus. So i.t will be after the traffic congestion. It really lasts only between 20 and 30 minutes. If we have half the students on campus the congestion will not be a factor and people will be able to come later and then park. At 3:30 or 3:45 we have a big portion of our faculty and staffleaving the campus therefore leaving parking space in the schoolyard. Thank you. Chair Burt: Phyllis. Commissioner Cassel: If there are no more questions of StaffI am prepared to make a motion with some conditions. Chair Burt: Go ahead. I may have a question after you make your motion but go right ahead. Page 14 MOTION Commissioner Cassel: I want to support the Staff Report with some exceptions. Unlike what I have heard from some of.you I think we ought to anticipate more cars than 30 to 40 using the Geng Road area, perhaps 50 to 60, they may not use it but they should be allowed to. We should allow them to drop off in the morning if it is needed. May park visitors during the day. Encourage a simple covered area forprotection from rain for people waiting there. To be sure that it is written in the permission that there be supervision at the site for the pickup of children. And that they have a mitigation and monitoring report that goes to the Planning and Transportation Staff to follow up on the TDM plan to make sure this happens, that we actually get relief. I was .disappointed in the numbers we received because they are kind. of soft. I know there has been a lot of work on this plan but it doesn’t say there are ’x’ families dropping kids off and it doesn’t say how many cars they expect this relief from. There are some numbers in there that I think would help the City Council in their understanding 0fthe program and in our ability to assess whether this really works. The reason I think we should do this is I think the businesses in the area need some relief from this excess traffic. We have talked many, many times about shared parking. It is public parking space at the park anyway and it is an absolutely good use for shared parking. It is not a situation I thought we would have thought of putting ourselves in if we had been able to anticipate this or had some say in it but we didn’t. So now we need to make sure that people using the post office and the post office staff and others have an ability to move in and out and that if they are going to be able to use a bus system that they are able to make that work. If people are visiting during the day they are able to park in a safe location. Chair Burt: Bonnie. SECOND Commissioner Packer: I would like to second Phyllis’ motion with all the little piece parts and also add to it to encourage the school to continue aggressively with their TDM program and hopefully explore other ways to reduce thenumber of cars. I am assuming that even at Geng Road if it becomes a problem the parents will be incented to do some more carpooling. Chair Burt: Are you offering that as a comment or as an amendment proposal? Commissioner Cassel: monitoring. Commissioner Packer: Chair Burr: I think I included it that there should be a TDM in that Then it is just a comment. Yes, Wyrme. Page 15 Ms. Furth: I wanted to get a little more clarity from you. What you have in front of you is a site and design plan review, which is essentially saying are these drawings of an appropriate path connecting this private property and this public property. We don’t have any conditions on this about when people can walk up and down that path. So if more people want touse that path or if business people who work in the businesses want to walk over to the path to be at the park or whatever, those are fine uses. So we would construe your comments as suggestions that the TDM plan be modified to say that the City encourages use of this that relieves congestion for the businesses in the area provided that it doesn’t cause traffic backups on Embarcadero. Commissioner Cassel: That is correct. Ms. Furth: These are comments about statements of goals.in the TDM program. Commissioner Cassel: Correct. The goal here is to not put limits on it in a negative way. ’ It keeps repeating here that they are trying to ask for use of this space between three o’clock and four o’clock and I am concerned that someone will come back and say oh but you are using it now in the middle of the day. I don’t want to get into that bind. I want an effective TDM program that provides relief. Chair Burt: Annette. Commissioner Bialson: I have a real problem with suggesting that we have public parking space used by the school for other than meliorating this d~fficult situation. That I be used by visitors and that they be encouraged to construct a covered area for parents to visit with one another is not a good precedent. I think it is use of public property for inappropriate purposes and I would appreciate Wynne’s comment on that. I think that what we are responding to now is a particular problem which the school has asked us to address and I appreciate the difficulties they had in locating alternate space for them to occupy when they could no longer occupy the space they were in for 10 years plus. I am generally in favor of allowing the creation of the path and a license agreement which would allow the school to use the path and the lot for pickup and drop offif that becomes a problem in the mornings for them. I think that is about all I would accept and I would like on that license agreement the ability to revoke it should we find that all we have done is move the problem to Embarcadero Road and cause difficulty there that cannot be meliorated by anything other than capital improvements. I don’t want the City to get into the situation of taldng on this problem as their own. Chair Burt: So are you first asking the Cit Attorney for a response and then I hear a prospective friendly amendment? Commissioner Bialson: A friendly amendment or an alternate motion, yes. Ms. Furth: All that stuff may have more useful comments on the history of the efforts to make the situation better for everybody in that area but it is certainly a basic principle that parkland has to be used for park purposes. So the first question that the City addressed Page 16 when this proposal for a path came in was is that a good thing for the park as a park. You need to believe that if you want to approve this project. That same test should be applied to any other improvements that are proposed. You will reca!l that the original proposal. was closer to the creek and then it was moved back because of the sensitive riparian area. There was also some discussion of playing fields and that has been taken offthe table at this point. So the proposal before you is pretty bare bones because it is intended to be quite simple and just something that makes sense for the park as a park and for the school as a neighbor of the park. We do have a whole range of formal and informal cii:cumstances under which groups, individuals or institutions have limited preferential access whether it is a recreational program or a softball league or whatever. So it is not that you can’t have programs that give priority to particular users at particular times but that is not what is envisioned herel All that is proposed here is an ability to construct a path that can be used to go back and forth and to have a license agreement so that if this access, which was not originally organized, turns out to be a difficulty we can cut it off. It is not anticipated that it will be, Staff is pretty confident that it won’t be. Chair Burt: If I could ask a follow up question regarding Phyllis’ proposal as I understood it for a covered area, is that what would be considered an appropriate shared facility and use for that area not only potentially serving the school during the winter season and to facilitate this objective of having the loading occur at this location but would it benefit the public otherwise? Mr. Lusardi: Essentially yes. The Council was very careful in their deliberations to say that any improvements that occur are improvements that are a public/private partnership. That they are not exclusive to a private use. So if the Commission feels.that a shelter be placed in the park for the purposes of facilitating pickup and drop off that is a shelter,that Staffwould also want to address as a useful shelter for the park use. Paul Diaz is here and can speak to whether that shelter can serve the park use as well.and the play fields. I think it was very clear direction by the Council to the Staffto the Commission to come up with a plan that is a public/private participation. Paul? Mr. Paul Diaz, Director of Parks and Golf: The shelter is new. My gut reaction is no,. that the shelter would not really serve any public use. It is in a back comer of the park. When the weather is bad there is nobody in the park. The public isnot there. There is a restroom facility right there if anybody is there using it there is shelter, there.. So I wouldn’t see a shelter as valuable to the park.. I would, see it as more of a nuisance factor to the park ultimately due to vandalism and long term repair and maintenance. Commissioner Cassel: Okay, I wasn’t thinking for that reason. Just something very simple for the same reason. The shelter at the restrooms, I can’t imagine sending people off to the restrooms to wait for a car. I didn’t go into that space. Does it have outside space? Mr. Diaz: It has a small overhang. I would guess like five or six feet I think in parts Of the restroom. So there could be a place thereto congregate. Remember also that they are going to have to move 1,000 feet from the school to the parking lot. Page 17 Commissioner Cassel: I know. They are going to have to go as a group before the parents get there. Mr. Diaz: I would assume that the International School would have umbrellas for all the kids on those kind of days. Chair Burt: One related prospective use for it is that if we in the future were to extend the City shuttle to the Baylands area, Paul, this is a follow up question for you and anyone else on Staff. Would that shuttle prospectively benefit the users of the athletic field and along the same lines if we are going to have permanent extensions of the shuttle should we be looking for opportunities for essentially bus stops for the shuttle system where we can find public/private partnerships that might help facilitate that? Mr. Diaz: I could see no benefit to the athletic field users. They come in at different ~imes and they come in from such various areas of town, many of them are non-residents or residents. So I wouldn’t see a shuttle for the athletic field use there that would be of value at all. Chair Burt: Karen. Commissioner Holman: Essentially I support the comments of my colleague to the right but I can’t support any motion until we deal with the site and design issues that are before us which we have not even touched on yet. Commissioner Cassel: I didn’t have any problems with the site and design issues. Commissioner Holman: I have some questions and I guess I should go ahead. The decomposed granite that is going to be used on the path in one place, there is also asphalt on part of this path, was there any consideration of using decomposed granite or something like a road oil that would be compatible with the environment there? Also, on the new part of the path that would have to be elevated. When I was out there walking, if it is built at existing grade it is going to be flooding, it would seem to me. Mr. Lusardi: I’ll take a stab at this and then Paul and/or the Santa Clara Valley Water District can address that also. The purpose of the decomposed granite is to provide a pervious material. Road oil is impervious in that nature. The new pathway is also going to be designed and constructed to both the City and the Santa Clara Valley Water District standards for proper drainage, that is runoff, with respect to the pathway. The asphalt section of the existing pathway that is being put in I believe is to provide for service vehicles from the City that park at the athletic field where they are allowed to park and then provide maintenance. So it is basically a stopping area for maintenance trucks. Commissioner Holman: The path though that is currently asphalt, I was thinking that instead of it being asphalt that it could be the road oil. Page~8 Mr. Diaz: I’m sorry, can you repeat the question? Commissioner Holman: That the part of the path that is currently asphalt if it could be something like road oil so it is more compatible with the environment than asphalt. Mr. Diaz: If the International School wanted to do the expense of the demolition of that and. to rebuild thepathway with that type of a material, that would be possible. Commissioner Holman: Then also if the International School was open to this there is some rubble in that area. If the International School would be willing to be responsible for cleanup of that while they were constructing the new path. Mr. Diaz: I think that they would be amenable to any kind of cleanup to help this project go forward. I am sure they would be agreeable to any kind of cleanup to help this project go forward. Commissioner Holman: One last question. Is there any tree removal? Mr. Diaz: No tree removal. Chair Burt: IfI might as one related question to the 100 foot setback along the riparian corridors, could Staffbriefly comment on the ways in which this project as now proposed is consistent with that aspect of the Comp Plan? Ms. Campbell: The pathway is an allowable use which is allowed in the setback area. If they were actually to build the field or something like that that is not something that would be considered permitted in that setback. Just a pathway for walking is allowed. Chair Butt: Wyrme. Ms. Furth: I was just going to say that I may have mis-spoken earlier. It was the fields that we were trying to remove. There is a prohibition on impervious surfaces and structures. Chair Burr: The pathway as I under.stand it is an allowable use provided that there are adequate setbacks to protect the natural riparian environment and my sense is that first this area presently does not really have a natural riparian environment but there is a proposal to actually recreate one to a degree. So is that the basis for this encroachment within the 100 foot setback being permissible? Mr. Lusardi: That is part of it. Also, just to add, pathways are not a permissible use. Pathways by the Comprehensive Plan in these areas are encouraged to allow that pedestrian activity and enjoyment. What is discouraged as Clare has pointed out is active uses, active play fields in that 100 foot setback. Such things as pathways, bikeways they are encouraged for the purposes of enjoyment as long as they are environmentally sensitive to the riparian habitat. Page 19 Ms. Furth: Then there is a smaller setback, much smaller, 25 feet which is encouraged for re-vegetation. Chair Burt: Just for the record, I think the actual Comp Plan wording as cited in the Staff ~,.eport is, "allow passive or intermittent outdoor activities in pedestrian, equestrian and bicycle pathways where there are adequate setbacks to protect, the natural riparian environment." So I think that this use seems to comply with those conditions. I just want to make sure that important distinction on protection habitat is appreciated. Annette. Commissioner Bialson: I think what is called for now is an alternate motion. Could I make that at this point? SUBSTITUTE MOTION I propose to make a motion to accept Staff recommendatioh with regard to this request, however, with the addition to the license agreement that we may be able to revoke it in the event that traffic impact is unacceptable at the Geng Road intersection. I should think that is enough but maybe Staff needs to give us a recommendation as to whether or not we need to expand from the intersection or should I use some words, Wyrme, that are perhaps more general to allow us to gauge the full impact? What would be your suggestion there? Ms. Furth: I am procedurally confused. We have a motion on the floor that hasn’t been withdrawn. So is this an amendment to that motion? Commissioner Cassel: I think it is a substitute. She needs a second. SECOND Commissioner Griffin: I’ll second it. Ms. Furth: Okay..You are giving us ’instructions on how you would like that license written and certainly instructing us that it should be revocable. It is going to be revocable on a broad range 0f Council discretion. If you want to include that among the factors or conditions under which it could be revoked it would be evidence of unacceptable traffic impacts as a result of the use of Geng Road that will do it. Ms. Grote: IfI could interject, you may want to include a monitoring program explicitly in the TDM. I think it is implied but you might want to include that explicitly. Commissioner Bialson: Those are the recommendations I appreciate and that would be included in my motion. Chair Burt: Any other comments on the substitute motion? Michael. Page 20 Commissioner Griffin: I am just wanting to clarify here. Do we still have the shelter in our motion? Commissioner Bialson: No. This is just the Staff Report plus the addition to the license agreement. Commissioner Cassel: This does not include any recognition of additional time that they may be using that site. Commissioner Bialson: No. Chair Burt: Karen. Commissioner Holman: One clarification by.Staff if you would, please. If there was a condition of approval would you want that now or later? For instance, the gateway, there are bollards that used to have a chain that went across them and now vehicles just go in there. If there is no chain replaced there it is just a natural thing, parents are going to drive up there to pick up their kids. So would that be a condition of approval that you would want to hear now or save it? Ms. Furth: This is .the City’s park and the City’s Park and Community Services Department runs that park and its improvements. So if there are suggestions that you want to make to the City about how the City handles its part of the park design that could be a separate motion. Commissioner Cassel: My understanding is that is in the Staff Report as part of what they were planning. That is how I read it at any rate. Chair Burt: Okay. Any other discussion of the substitute motion? MOTION PASSED All in favor? (ayes) Opposed? (nay) That passes on a six to one vote with Commissioner Cassel opposing. That completes our discussion of this item. Thank you all for your patience and good luck to you. Page 21 Attachment G Campbell, Clare From:Bill Springer [BSpring.er@v~lleywater.org] Sent:Wednesday, July 10, 2002 7:28 AM To:’Campbell, Clare’ Subject:RE: International School Pathway Hello, Clare, i. The District does support this project. It is to the benefit of the communityto relieve traffic congestion and allow a safe alternative.route ¯ to the school. We have not provided written contment 9o the City because our discussions have proceeded at meetings. 2.Under our Ordinance, we have permitting authority over activities within 50 of top of bank, and, of course, on our property or easement.I would prefer to discuss issues in advance of City approvals. Usually, concerns can be addressed satisfactorily when all sides can bring them zo the table. 3. We issue our permi<s on the basis of final plans. Since these plans are still in the works, I cannot issue a permit. Naturally, I have reviewed each iteration, and made comments to the International School, which is the applicant. An unsolicited comment: As you know, the Districn is willing to zransfer its fee title property over which the path passes to nhe School in exchange for a fee and a piece of nearby School property which is of more utility to us for our flood protection work. We have to date concenzrated on the plans for the pathway because we were waiting for nhe School to receive City approvals all along the line. It is a District Board of Direczors responsibility to approve the disposal and acquisition of property, and requires a certain lead time and labor. Until there is certainty on all other aspecns of the proposal, I am loathe to burden our staff with action that may change in the middle. We can begin the process at any rime. To allow the pathway to be installed in a timely manner, we will issue a permit for the installation and temporary operanion of the pathway.. Until such time as the land is deeded over to the School, the pathway is operating on District property, and, as such, is subject to any restrictions or conditions appropr±ate for the intended use of District property. Therefore, we request that the City solicit our commenn on any proposed operating conditions for the path where it is located on our property. And,last, I regret I will not be able to attend the Council meeting. will be out of town until the 25th. I, zoo, want the loose ends tied off, and glued down. Thanks, Bill Springer ATTACHMENT B DRAFT CONDITIONS OF APPROVAL Files 02-D-01 and 02-ARB-36 The plans submitted for Building Permit shall be in substantial conformance with plans dated July 31, 2002, except as modified by these conditions of approval. The designs shall incorporate the directives of these conditions where applicable, and these conditions of approval shall be printed on the cover sheet of the plan set submitted with the Building Permit application. Department Comments Building 1.1. The design of the path, including that portion in the proposed easement extending into Laura Lanel shall comply with the standards specified in the California Building Code section 1132B.2. 1.2. The path design and construction shall be reviewed and approved by the City’s ADA coordinator. 1.3. ADA requirements: path must be in compliance with UBC 1132B.2. and the cross slope is not to exceed 2%. Public Works 2.1. Provide a survey of property lines to determine property line locations. 2.2. School’s contractor shall be made aware that the Santa Clara Valley Water District (District) is retaining a contractor to restore the existing San Francisquito Creek levees to their original as-built height. This levee construction will take place in close proximity to the School’s proposed path. Work on the levee project is expected to begin around July 1, 2002 and continue through October 2002. The City of Palo Alto will be allowing the District’s contractor to use an area opposite the existing softball field, between the levee and the existing gravel!AC path, as a construction staging/storage area. The District’s contractor will also be using Geng Road and the Baylands Athletic Center parking lot as a haul route to access the levees. It is anticipated that the levee work will not preclude the path construction from proceeding concurrently. The School’s contractor shall coordinate his activities with the District’s contractor to allow full access to the levee and the designated storage/staging area at all times. 2.3. The chain link fencing should be black or green vinyl coated. 2.4.The School shall submit a grading plan, including drainage details, to the satisfaction of the Director of Public Works. Page 1 of 2 ATTACHMENT B 2.5.All improvements shall be reviewed and constructed to the satisfaction of the Director of Public Works. 2.6.The pathway shall remain open as a.public pathway at all times. The exception would be if the pathway were closed for repairs o Real Estate 3.1.The construction of the path will be at school’s cost. 3.2. The maintenance cost will be shared between the school and the City. 3.3. The school shall obtain easements and/or license agreement from the City of Palo Alto to permit ingress/egress from city-owned lands. 3.4. The school shall comply with all the conditions of the License Agreement as approved by the City Council. Transportation 4.1. The school shall implement the Transportation Management Program dated June 113, 2002 4.2. The school shall coordinate a trafficmonitoring program with the City. The monitoring program shall include, but not be limited to circulation impacts, including turning movements at Laura Lane/East Bayshore Road and Geng Road/Embarcadero Road. 4.3. The monitoring report shall also document numbers of cars utilizing both drop-off/PiCk-up locations, use of van/carpooling and the City’s shuttle system. The report shall be prepared quarterly and submitted to the City’s Transportation Planning for review. 4.4. The school shall contact the Transportation Division, prior to completion of the pathway, to schedule and coordinate the signal light adjustment for the left turn movement at the Geng Road/Embarcadero Road intersection. Page 2 of 2 ATTACHMENT C Revised Summary .of Terms of the License Licensor: City of Palo Alto Licensee: International School of the Peninsula, a non-profit corporation Premises: For construction purposes only, a 9-foot wide pedestrian path through City parkland near Baylands Athletic Center off of Geng Road. Purpose: The purpose of the license is to provide for the installation and maintenance of a pedestrian path and ingress/egress onto the path. Term: Indefinite and revocable at will by the City, with City to use its best efforts to permit use to continue until the end of the current academic year. Consideration/Rent: Licensee agrees to construct the path at its expense, and to pay ½ the cost ofpath maintenance. Allowable Use: Licensee shall use the Premises for constructing improvements to a pedestrian path for access between the Baylands Athletic Center parking lot and the Santa Clara Valley Water District path connecting to the school’s site, subject to the following conditions: Construction of the, Path shall be at Licensee expense and in accordance with plans and conditions approved by City. Prior to construction on the site, Licensee shall provide City evidence that any and all permits from agencies having pre-construcfion jurisdiction over the proposed Path have been authorized and are available. o Prior to construction on the site, Licensee shall provide City evidence that sufficient funds will be available to complete the Path as approved by the CITY. 4.Use of, ingress/egress by LICENSEE is non-exclusive. 5.CITY shall maintain the Path, and LICENSEE and CITY shall share maintenance costs for the Path on a pro-rata basis. 6.Access by the general public from Property to Laura Lane through District and School Site property must be controlled with due consideration for public .safety. Construction or Alteration by Tenant: Licensee may not make any changes to the property without prior City review and approval. Completion of Path and Acceptance by City Following completion of construction, the path shall become the sole property of City. Maintenance and Repair: City shall maintain the path and Licensee shall reimburse City for one-half the cost on a bi- annual basis. Assignment/Subletting: Any assignment or encumbrance of the license is prohibited. Utilities: Tenant shall be responsible for all utilities supplied to the Premises. Insurance: Tenant shall maintain insurance meetingthe City’s standard requirements for insurance protection. Project: International School of the Peninsula - Baylands LICENSE # This License is made t~is day of , 2002 by and between the City of Palo Alto, a municipal corporation, (CITY) and the International School of the Peninsula, a n0n-profit corporation (LICENSEE). RECITALS .o 4 CITY owns real property, commonly known as the Baylands Athletic Center, located at the north end of Geng Road in the City dedicated park known as ~Byxbee Park and the City awned Baylands," which is described more fully in Exhibit "A-2" of .Chapter 22.08 of the Palo Alto Municipal. Code (the "Property"). LICENSEE owns property (the ~School Site") near the Property and adjacent to certain real property owned by the Santa Clara Valley Water District (~District"). LICENSEE intends to acquire a portion of the District’s real property that connects the Property to the School Site. LICENSEE desires to use a portion of the Property to improve a non-exclusive pedestrian path (Path) from the School Site, through a portion of the Property and the District’s property, which would connect to a parking lot located in the Property, hereafter referred to as the ~Premis~s" and more fully described in Exhibit "B" which is attached hereto and made a part hereof. LICENSEE also desires ingress/egress onto Property and Path. CITY desires to permit LICENSEE’s use of the Premises and the right of ingress/egress to the Path in accordance with the terms and conditions~ set forth below. Now, therefore, in consideration of these covenants, terms and conditions, the parties hereto mutually agree as follows. I.CONSTRUCTION PREMISES AND INGRESS/EGRESS Subject to the terms and conditions set forth in this License, CITY hereby permits LICENSEE the right to use the portion (Premises) of the Property to construct improvements to the Path. The Premises are describedand 020801 sra 0053087 shown in Exhibit "B," which is attached heret~o and made .a part of this License. CITY also permits LICENSEE the right of Ingress/Egress onto Property where the Path adjoins the shared boundary of the Property and the District’s real property/ subject to the terms and conditions set forth in this License. II.PURPOSE The purpose of this LICENSE is to provide for the installation and maintenance of the Path and ingress/egress onto the Path. III. ALLOWABLE USES In furtherance of the purposes stated above, the following uses shall be permitted: io Throughout the term of this License, LICENSEE shall use the Premises for the purpose of constructing the Path for access between the Property parking lot and the District path connecting to the school’s site. LICENSEE’S use shall be subject to the following conditions: Construction of improyements to ’the Path shall be at LICENSEE’ expense and in accordance with plans and conditions approved by CITY. Any conditions relating to the manner, method, design and construction of the Path established under the CITY’s plan approval process shall be conditions of the contract as if they were originally stated herein, and shall be attached to the executed copies of thisLicense. °Prior to construction on the site,. LICENSEE shall have provided CITY’s Manager of Real Property, evidence that any and all permits from agencies having pre-construction jurisdiction over the proposed Path have been authorized and are available. o Prior to construction on the site, LICENSEE shall have provided CITY’s Manager of Real Property, evidence in accordance with Clause VI that sufficient funds will be available to complete the Path as approved by the CITY. 4.Use of ingress/egress by LICENSEE is non-exclusive. o CITY shall maintain the Path, and LICENSEE and CITY shall share maintenance costs for the Path on a pro-rata basis in accordance with ClauseVIII. 020801 sm 0053087 2 0 Access by the general public from Property to Laura Lane through District and School Site property must be controlled with due consideration for public safety. The above listed services and uses shall be the only services and uses permitted upon or from the Premises. LICENSEE agrees not to use the Premises for any other purposes nor to engage in, or permit any other business activity within or from the Premises. IV. TERM This LICENSE shall be :for an indefinite term and revocable at will by CITY. If revoked, CITY shall use its best efforts to permit use to continue until the end of the current academic year. V. CONSIDERATION/RENT As consideration for the right of ingress/egress, LICENSEE agrees to construct improvements to the Path at LICENSEE’ expense and be responsible for one-half the cost of maintenance of the Path in accordance with Clause VIII. VI.LICENSEE’S ASSUR/INCE OF CONSTRUCTION COMPLETION Prior to commencement of this License and construction of the Path, LICENSEE shall furnish the CITY’s Manager of Real Property with a specific construction schedule and evidence that ~assures CITY that sufficient funds will be available to complete the Path. The phrase "sufficient funds" for purposes of this LICENSE means the total amount of allactual construction costs for all the improvements required for the Path, as set forth in LICENSEE’s contractor’s bid for the Path, .plus such contractor’s overhead and profit, plus an additional ten percent. (10%) of such costs as a contingency. Evidence of such assurance shal! take the following form: Completion Bond naming CITY as beneflciary; .~. Performance and payment bonds, supplied by LICENSEE’S contractor or contractors, provided the bonds are issued with both LICENSEE and CITY named as beneficiaries; 0 Irrevocable letter of credit from a financial institution naming CITY as beneficiary; or D. Any combination of the above. 020801 sm 0053087 3 All bonds and letters of credit must be issued by a company qualified to do business in the State of California. All bonds and letters of credit shall also be in a form acceptable to the Director of Administrative Services and City Attorney, and shall insure faithful and full ~observance and performance by LICENSEE of all of the terms, conditions, covenants, and agreements relating to the construction of improvements in accordance with the development plans and construction plans approved by CITY as .set forth in this License. VII. COMPLETION OF PATH BY LICENSEE AND ACCEPTANCE BYCITY The Path shall be deemed completed for purposes ofthe License at such time as all of the following have occurred: Ao LICENSEE’S architect has delivered a written statement to CITY stating that the Path has been substantially completed in accordance with the plans and specifications approved by CITY; B o LICENSEE has obtained all necessary inspections of and approvals for the Path; CITY Representatives of LICENSEE and CITY have completed a "walk-through" inspection of the Path, and all defects and or incomplete items have been remedied; Do The Premises has been cleared of all construction debris or equipment. E °CITY’s City Manager has confirmed in writing to LICENSEE that all requirements under this clause have been satisfied and that the Path is complete for final acceptance by CITY. The Path and all improvements constructed thereon under this License shall then become the sole property of CITY. Prior to use, LICENSEE will grant CITY a right of ingress/egress during term of this license for purpose of extension of the path across LICENSEE’S property to closest point of Laura Lane .in a location mutually agreed upon between CITY and LICIENSEE, to be installed at City’s sole cost a~d expense, and located over limited portion of LICENSEE’S school site, expressly excluding the fenced in play fields and the school building areas of LICENSEE’S School Site. 020801 sm 0053087 4 VIII.MAINTENANCE AND REPAIR CITY shall maintain and repair Path, and CITY and LICENSEE shall share costs of maintenance and repair on a pro-rata basis, with each being responsible far Fifty Percent (50%) of the costs. LICENSEE shall reimburse CITY hi-annually upon receipt of CITY’s documented costs for Path maintenance. CONSTRUCTION AND/OR ALTERATION BY LICENSEE CITY’S Consent. No s~ructures, improvements, or facilities shall be constructed, erected, altered, or made within the P~EMISES without the prior written consent of the CITY (by action of the City Council if required by City of Palo Alto procedures or ordinances, or otherwise by the City Manager or designee). Any conditions relating to the manner, method, design, and construction of the structures, improvements, or facilities established by CITY shall be conditions of this clause as though originally stated herein. Strict Compliance with Plans and Specifications. All improvements constructed by LICENSEE within the PREMISES shall be constructed in an efficient and workmanlike manner and in strict compliance with detailed plans and specifications approved by the CITY (by action of the City Council if required by City of Palo Alto procedures or ordinances, or otherwise by the City Manager or.designee), and applicable City of Palo Alto codes and ordinances. X. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS If the PREMISES are, in whole or in part, damaged or destroyed then: (i) if wholly damaged or destroyed so that the PREMISES are rendered permanently unusable for construction of a Path, this License shall then terminate; but (2) if only partially destroyed and Still usable for construction of a Path, LICENSEE shall, within a reasonable time, not to exceed thirty (30) days from the date of the damage or destruction, notify CITY in writing of its intent either (i) to terminate the License, or (ii) to continue operating under the License, in which case, LICENSEE shall, within a reasonable time, repair the PREMISES and the Path repair at its own expense. XI.AS BUILT PLANS Upon completion of any LiCENSEE-constructed improvements, LICENSEE shall provide the CITY’s Real Property Manager with a 020801 sm 0053087 5 complete set of reproducible ~as built plans" reflecting actual construction within or upon the PREMISES. XII. OWNERSHIP OF IMPROVEMENTS All improvements constructed, erected or installed upon the PREMISES must be free and clear of all liens, claims, or liability for labor or material and shall become the property of CITY upon completion of construction, as provided under Clause VII hereof, and shall remain upon the PREMISES upon expiration or earlier termination of this LICENSE. X!II. UTILITIES LICENSEE shall be responsible for and shall pay, prior to delinquency, all charges for Utilities supplied to the PREMISES. XIV. INSURANCE LICENSEE shall maintain insurance acceptable to CITY in full force and effect throughout the term of this License. Minimum Scope of Insurance Coverage shall be at least as broad as: i) 2) 3) 4) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) . Insurance Services Office form number CA 0001 (Ed. 1./87) covering Automobile Liability, code 1 (any auto). Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Course of Construction insurance form providing coverage for "all risks" of loss. The policy or policies of insurance maintained by LICENSEE shall provide the following limits and coverages: (i.) POLICY WORKERS’ COMPENSATION MINIMUM LIMITS OF LIABILITY Statutory (2)COMPREHENSIVE AUTOMOBILE LIABILITY, including Owned, hired, and non-owned Automobiles Bodily Injury $I,000,000 ea. Person $I,000,000 ea. occurrence Property Damage $I,000,000 ea. occurrence 020801 sm 0053087 (3 COMPREHENSIVE GENERAL LIABILITY Including Products And completed Operations, broad form Contractual, and personal injury Bodily Injury Property Damage Personal Injury Deductibles and Self-Insured Retentions $i,000,000 ea. person $i,000,000 ea. occurrence $i,000,000 aggregate $i,000,000 ea. occurrence $i,000,000 ea. occurrence Any deductibles or self-insured retentions must be declared to and approved by the CITY.At the option of the CITY either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the CITY, its officers, officials, employees~ and volunteers; or the LICENSEE shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Insurance shall be in. full force and effect commencing on the first day of the term of this License. Each insurance policy required.by this License shall contain the following clauses: "Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) ~days’ prior written notice by certified mai!, return receipt requested, has been given to the CITY." "All rights of subrogation are hereby waived against the CITY OF PALO ALTO and the members of the City Council and elective or appointive officers or employees, when acting within the scope of their employment or appointment." o "The CITY OF PALO ALTO is named as a loss payee on the property and course of construction insurance policies described above." "The .CITY, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the LICENSEE; products and completed opgrations of the LICENSEE;~ premises 020801 sm 0053087 7 owned, occupied or used by the DICENSEE; or automobiles owned, Licensed, hired or borrowed by the LICENSEE. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, agents or volunteers." o "For any claims related to ihis License, the LICENSEE’s insurance coverage shall be primary insurance as respects the CITY, its officers, officials,employees, agents and volunteers.Any insurance or self-insurance maintained by the CITY, its Officers, officials, .employees, agents or volunteers shall be excess of the LICENSEE’s insurance and shall not contribute with it." "Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, Officials, emp!oyees, agents or volunteers." o "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." Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:X. XV.EVIDENCE OF INSURANCE COVERAGE AND/OR CHANGES LICENSEE agrees to deposit with the Real Property Manager, on or before the effective date of this License, certificates of insurance necessary to satisfy CITY that the insurance provisions of this License have been complied with, and to keep such insurance in effect and the certificates therefore on deposit with CITY during the entire term of this License. Should LICENSEE not provide evidence of such required coverage at least three (3) days prior to the expiration of any existing insurance coverage, CITY may purchase such insurance, on behalf of and at the expense of LICENSEE tO provide six months of coverage. CITY shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of the Risk Manager, the insurance provisions in this 020801 sm 0053087 8 License do not provide adequane protection for CITY and for members of the public using the PREMISES, CITY’s Real Property Manager may require LICENSEE to obtain insurance sufficient in coverage, form, and amount to provide adequate protection as determined by the CITY’s Risk Manager. CITY’S requirements shall be reasonable and shall be designed to assure protection from and against the kind and extent of risk which exists at the time a change in insurance is required. The Real Property Manager shall notify LICENSEE in writing of changes in the insurance requirements. If LICENSEE does not deposit copies of acceptable insurance policies with CITY incorporating such changes within sixty (60) days of receipt of such notice, or in the event LICENSEE fails to maintain in effect any required insurance coverage, this License shall be in default without further notice to LICENSEE. Such failure shall constitute a material breach and shall be grounds for immediate termination of this License at the option of CITY. The procuring of such required policy or policies of insurance shall not be construed to limit LICENSEE’S liability hereunder nor to fulfill the indemnification provision and requirements of this License. Notwithstanding the policy or policies of insurance, LICENSEE shall be obligated for the full and total amount of any damage, injury, or loss caused by or connected with this License or with use or occupancy of the PREMISES. XVI.ASSIGNING, SUBLETTING AND ENCUMBERING This License conveys no property rights to LICENSEE. Therefore, any attempted mortgage, pledge, hypothecation, encumbrance, transfer, lease or assignment (collectively referred to as ENCUMBRANCE) of LICENSEE’S interest in the Premises, or any part or portion thereof, is prohibited. Any attempted ENCUMBRANCE shall be null and void and shall confer no right, title, or interest in or co this License. XVII. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder given by either party to the other, shall be in writing and shall be sufficiently given and served upon the other party if (i) personally served, (2) sent by United States Certified mail, postage, prepaid, (3) sent by express delivery service, or (4) in the case of a facsimile, if sent to the telephone number(s) set forth below during normal business hours of the receiving party and followed within 48 hours by delivery of hard copy of the material sent by facsimile, in accordance 020801 sm 0053087 9 with (I), (2) or (3) above. Delivery of notices properly addressed shall be deemed complete when the notice is physically delivered to the Real Property Manager or City Clerk. All notices pursuant to this License shall be addressed as set forth below or as either party may subsequently designate by written notice. TO: CITY TO: LICENSEE Real Property Manager C~ty of Palo Alto P.O. Box i0~50 250 Hamilton Avenue PaSo Alto, CA 94303 FAX: (650) 329-2468 International School of the JeninsUla 151 Laura Lane Palo Alto, CA 94306 Attn Business Director 650 251-8501 with a copy to: City Clerk, City of Palo Alto P.O. Box 10250 250 Hamilton Avenue Palo Alto, CA 94303 ,lAX: (415) 329-2646 XVIII. ATTACHMENT TO LICENSE This License includes the following exhibits, which are attached hereto and by this reference incorporated into this License: Exhibit A - General Conditions Exhibit B - Description of Premises The inclusion of clauses in Exhibit A GENERAL CONDITIONS) is not in any way intended to lessen the importance of these clauses, but is merely done to enhance the organizati~on of various clauses and this Licensee; provided, however, that in the event ~of a conflict between the foregoing Clauses and the provisions of Exhibit A, the foregoing Clauses shall prevail. // // // // // 020801 sm 0053087 1 0 IN WITNESS WHEREOF, the parties have executed this License the day and year first above written. CITY:LICENSEE: CITY OF PALO ALTO SCHOOL OF THE ATTEST: BY: Mayor City Clerk APPROVED AS TO FORM: By: City Attorney APPROVED: By: Assistant City Manager By: Director of Community Services By: Manager, Real Property 020801 sm 0053087 EXHIBIT A GENERAL CONDITIONS i.DEFINITIONS CITY shall mean the City Council of the City of Palo Alto, a municipal corporation. The City Manager is hereby authorized to take any actions under this License on behalf of CITY except for termination of this License. Clauses in this License refer to specific officers or employees of CITY. Should these positions be eliminated or the title changes, it is understood and agreed that such references shall be considered to be to the new title for renamed positions or to the replacement official designated with the responsibilities of any eliminated position. Any reference to a City officer or employee includes a reference to the officer’s or employee’s designated representative. 2.PARTNERSHIP/CORPORATE AUTHORITY & LIABILITY If LICENSEE is a partnership, each general parnner: represents and warrants that the partnership is a duly qualified partnership authorized to do business in Santa Clara County; and B 0 shall be jointly and severally liable for performance of the terms and provisions of this License. If LICENSEE is a corporation, each individual signing this License on behalf of LICENSEE represents and warrants that; io he is duly authorized to do so in accordance with an adopted Resolution of LICENSEE’S Board of Directors or accordance with the Bylaws of the corporation; and B o LICENSEE is a duly qualified corporation authorized to do business in State of California. As used in this License, the term "LICENSEE" shall include LICENSEE, its agents, sublessees, concessionaires, or licensees, or any person acting under contract with LICENSEE; however, the definition of LICENSEE used herein, shall not be construed to authorize or permit any sublicense or licenses not authorized or permitted elsewhere in this License. 020801 sm 0053087 12 3. TIME Time ms of the essence of this License. 4. SIGNS LICENSEE agrees not to construct, maintain, or allow any sign to be placed upon the PREMISES except as may be approved by CITY. Unapproved signs, banners, etc., may be removed by CITY. 5.PERMITS AND LICENSES LICENSEE shall be required to obtain any and all permits and/or licenses which may be required in connection with the operation of, and any approved LICENSEE construction upon, the PREMISES as set forth in this License. 6.MECHANICS LIENS LICENSEE shall at all times indemnify and save CITY harmless from all claims for labor or materials supplied in connection with construction, . repair,, alteration, or installation of structures, improvements, equipment, or facilities within the PREMISES, and from the cost of defending against such claims, including attorney fees. LICENSEE shall provide CITY with an least ten (i0) days written notice prior to commencement of any work which could give rise to a mechanics lien or stop notice. CITY reserves the right to enter upon PREMISES for the purposes of posting Notices of Non-Responsibility. In the event a lien is imposed upon the PREMISES as a result of such construction, repair, alteration, or installation, LICENSEE shall either: A.Record a valid Release of Lien; or Deposit sufficient cash with CITY to cover the amount of. the claim on the lien in question and authorize payment to the extent of Said. deposit to any subsequent judgment holder that may arise as a matter of public record from litigation with regard to lienholder claim; or C 0 Procure and record a bond in accordance with Section 3143 of the Civil Code, which releases the PREMISES from the claim of the lien from any action, brought to foreclose the lien. 020801 srn 0053087 13 Should LICENSEE fail to accomplish one of the three optional actions within fifteen (15) days after the filing of such a lien, the License shall be in default and may be subject to immediate termination. 7.LICENSE ORGANIZATION AND RULES OF CONSTRUCTION Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context otherwise indicates, words importing the singular number shall include the plural number and vice versa, and words importing persons shall include corporations and associations, including public bodies, as well as natural persons. The terms "hereby", "hereof", "hereto", "herein", "hereunder" and any similar terms, as used in this agreement, refer to this agreement. All the terms and provisions hereof shall be construed to effectuate the purposes set forth herein, and co sustain the validity hereof. The titles and headings of the sections of this agreement have been inserted for convenience of reference only, are not to be considered a part hereof and shall not in any way modify or restrict any of the terms of provismons hereof or be considered or glven any effect in construing this agreement or any provision hereof in ascertaining intent,if any question of intent shall arise. 8.AMENDMENTS This License sets forth all of the agreements and understandings of the parties and any modifications must be written and properly executed by both parties. 9.UNLAWFUL USE LICENSEE agrees that no improvements shall be erected, placed upon, operated, nor maintained within the PREMISES, nor any business conducted or carried on therein or. therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, or ordinance of a governmental agency having jurisdiction over LICENSEE’S use of the PREMISES. 020801 sm 0053087 i0.NONDISCRIMINATION LICENSEE and its employees shall not discriminate against any person because of race, color, religion, ancestry, age, sex, national origin or physical handicap. LICENSEE shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin or physical handicap. LICENSEE covenants to meet all requirements of the Palo Alto Municipal Code pertainingto nondiscrimination in employment. If LICENSEE is foundin violation of the nondiscrimination provision of the Stateof California Fair Employment Practices Act or similar provisions of federal law or executive order in the conduct of its activi<ies under this License by the State of California Fair Employment Practices Commission or the equivalent federal agency or officer, it shall the<eby be found in default under this License, and such default shall constitute a material breach of this License. CITY shall then have the power to cancel or suspend this License in whole or in part. ii.INSPECTION CITY’S employees and agents shall have the. right at all reasonable times to inspect the PREMISES to determine if the provisions of this License are being complied with. 12.HOLD HARMLESS LICENSEE hereby waives all claims, liability and recourse~ against CITY including the right of contribution for loss or damage of or to persons or property arising from, growing out of or in any way connected with or related to this agreement. LICENSEE hereby agrees to indemnify, hold harmless and defend CITY, its officers, agents, and employees against any and all claims, liability, demands, damages, cost, expenses or attorneys’ fees arising out of the use or maintenance of the property described herein or LICENSEE’S performance or non performance of the terms of this License. In the event CITY is named as co-defendant, LICENSEE shall notify CITY of such fact and shall represent CITY in such legal action unless CITY undertakes to represent itself as co-defendant in such legal action, in which event LICENSEE shall pay to CITY its litigation costs, expenses and attorneys’ fees. 13. TAXES AND ASSESSMENTS This License may create a possessory, interest which is subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes and assessments (including 020801 srn 0053087 15 but not limited co the possessory interest tax) which become due and payable upon the PREMISES or upon fixtures, equipment, or other property installed or constructed thereon, shall be the full responsibility of LICENSEE and LICENSEE shall pay the taxes and assessments prior to delinquency. 14.SUCCESSORS IN INTEREST Unless otherwise provided in this License, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be 3ointly and severally liable hereunder. 15.CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (FORCE MAJEURE) If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God,. restrictive governmental laws or regulations, or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be exnended for a period equivalent to the period of such delay. 16.PARTIAL INVALIDITY If any term, covenant, condition, or provision of this License is determined to be invalid, void, or unenforceable, by a court of competent jurisdiction, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 17.WAIVER OF RIGHTS The failure of CITY or LICENSEE to insist upon strict performance of any of the terms, covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that CITY or LICENSEE may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the License. 020801 sm 0053087 18.COSTS OF SUSTAINING/IN ACTION FOR BREACH OR DEFAULT In the event either CITY or LICENSEE commences legal action agamnst the other claiming a breach or default of this License, the prevailing party in such litigation shall be entitled co recover from the other cost of sustaining such action, including reasonable attorney fees, as may be fixed by the Court. 19.RESERVATIONS TO CITY The PREMISES are accepted "as is" and "where is" by LICENSEE subject to any and all existing easements, and encumbrances. CITY rmserves the right co install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oil,and gas pipelines; telephone and telegraph power lines; andthe applications and appurtenances necessary or convenientfor connection therewith, in, over, upon, through, across and along the PREMISES or any part thereof, and to enter the PREMISES for any and all such purposes.CITY also reserves the right to grant franchises, easements,rights of way, and permits, in, over, upon, through, across,and along any and all portions of the PREMISES. No right reserved by CITY in this clause shall be so exercised as to interfere unreasonably with LICENSEE’S operation hereunder. CITY agrees that rights granted to third parties by reason of this clause shall contain provisions that the surface of the land shall be restored as nearly as practicable to the original condition upon the completion of any construction. 20.HOLDING OVER In the event LICENSEE shall continue mn possession of the PREMISES after the term of the License, such possession shall not be considered a renewal of this License but a tenancy from month to month and shall be governed by the conditions, and covenants contained in this License. 21.CONDITION OF PREMISES UPON TERMINATION Upon termination of this License, except as otherwise agreed to herein, LICENSEE shall redeliver possession of the PREMISES to CITY in substantially the same condition that existed immediately prior to LICENSEE’S occupancy, reasonable wear and tear, flood, earthquake, war, and any act of war excepted. 020801 sm 0053087 1 7 22.DISPOSITION OF ABANDONED PERSONAL PROPERTY If LICENSEE abandons the PREMISES oris dispossessed thereof by process of law or otherwise, title to any personal property belongmng to LICENSEE and left on the PREMISES forty-five (45) days after such abandonment or dispossession shall be deemed to have been transferred to CITY. CITY shall have the right to remove and to dispose of such property without liability therefor to LICENSEE or to any person claiming under LICENSEE, and shall have no need to account therefor. 23.RELINQUISHMENT OF LICENSEE’S INTEREST UPON TERMINATION Upon termination of this License for any reason, including but not limited to termination because of default by LICENSEE, LICENSEE Shall, at CITY’S request execute, acknowledge and deliver to CITY within five (5) days after receipt of written demand thereof, a good and sufficient written document, signed by an official recognized under Section 313 of the California Corporations Code, certifying LICENSEE’S relinquishment of the Premmses. Should LICENSEE fail or refuse to deliver the required certification to CITY, CITY may prepare and record a notice reciting the faildre of LICENSEE to execute, acknowledge and deliver such certification and the notice shall be conclusive evidence of the termination of this License, and of all right of LICENSEE or those claiming under LICENSEE in and to the PREMISES. 24.CITY’S RIGHT TO RE-ENTER LICENSEE agrees to yield and peaceably deliver possesslon of the PREMISES to CITY on the date of termination of this License, whatsoever t-he reason for such termination. Upon giving written notice of termination to LICENSEE, CITY shall have the right to re-enter and take possession of the PREMISES on the date such termination becomes effective without further notice of any kind and without institution of regular legal proceedings. Termination of the License and re-entry of the PREMISES by CITY shall in no way alter or diminish any obligation of LICENSEE under the License terms and shall constitute an acceptance or surrender. LICENSEE waives any and all rights of redemption under any existing or future law or statute mn the event of eviction from or dispossession of the PREMISES for any reason or in the event CITY re-enters and lawfully re-takes possession of the PREMISESI 020801 sm 0053087 18 25.EMINENT DOMAIN In the event the whole or any part of the PREMISES are condemned by a public entity in the lawful exercise of its power of eminent domain, this License shall cease as to the part condemned. The date of such termination shall be the effective date of possession of the whole or part of the PREMISES by the condemning public entity. CITY shall be entitle to and shall receive all compensation related to the condemnation of all or part of the Premises by the exercise of eminent domain. 26.POST-ACQUISITION USE LICENSEE hereby acknowledges that its use of the PREMISES is subsequent to acquisition of the PREMISES by CITY. LICENSEE further understands and agrees that as. a post-acquisition LICENSEE, LICENSEE is not eligible and furthermore waives all claims for relocation assistance and benefits under federal, state or local law. 27.HAZARDOUS SUBSTANCES io Definition. As .used herein, the term "Hazardous Materials" means any substance or material which has been determined by any state, federal or local governmental authority to be capable of posing risk of injury to health, safety, and property, including petroleum and petroleum products and all of those materials and substances designated as hazardous or toxic 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 and Human Services, the U.S. Food and Drug Administration or any other governmental agency now or hereafter authorized to regulate materials and substances in the environment. Without limiting the generality of the foregoing, the term "Hazardous Materials" shall include all of those materials and substances defined as "toxic materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, as the same may be amended from time to time. 020801 sm 0053087 1 9 LICENSEE’S Use of PREMISES. During the ~erm of this License, LICENSEE shall abide and be bound by all of the following requirements: LICENSEE shall comply with all laws now or hereafter in effect relating to the use of Hazardous Materials on, under or about the PREMISES, and LICENSEE shall not contaminate the PREMISES, or its subsurface., with any Hazardous Materials. ii.LICENSEE shall restrict its use of Hazardous Materials at the PREMISESto those kinds of materials that are normally used in constructing a Path. Disposal of any Hazardous Materials at the Premises are strictly prohibited. Storage of such permissible Hazardous Materials is allowed only in accordance with all applicable laws now or hereafter in effect. All safety and monitoring features of any storage facilities shall be approved by CITY’S Fire Chief in accordance with all laws. iii. LICENSEE shall be solely and fully responsible for the reporting of all Hazardous Materials releases to the appropriate public agencies, when such releases are caused by or result from LICENSEE’S activities on the PREMISES. LICENSEE shall immediately inform CITY of any releases of Hazardous MaterialS, wh~ther or not the releases are in quantities that would otherwise be reportable to a public agency. iv.LICENSEE shall be solely and fully responsible and liable for such releases at the Premises, or into CITY’S sewage or storm drainage systems. LICENSEE shall take all necessary precautions to prevent any of its Hazardous Materials from entering into any storm or sewage drain system or from being released on the Premises. LICENSEE shall remove releases of its Hazardous Materials in accordance with all laws. In addition to all other rights and remedies of CITY hereunder, if the release of Hazardous Materials caused by LICENSEE is not removed by LICENSEE within ninety (90) days after discove[y by LICENSEE, CITY or any other third party, CITY may pay to have the same removed and LICENSEE shall reimburse CITY for such costs within five (5) days of CITY’S demand for payment. LICENSEE shall protect, defend, indemnify and hold harmless CITY from and against all loss, damage, or 020801 sm 0053087 2 0 liability (including all foreseeable and unforeseeable consequential damages) and expenses (including, without limitation, the cost of any cleanup and remediation of Hazardous Materials) which CITY may sustain as a result of the presence or cleanup of Hazardous Materials on the PREMISES that arise directly out of or result directly from LICENCEE’s use or maintenance of the Path. vi.LICENSEE’S obligation under this Clause shall survive the expiration or earlier termination of this License. 28. ALL COVENANTS ARE CONDITIONS All provisions of the License are expressly made conditions. 29. PARTIES OF INTEREST Nothing in this agreement, expressed or implied, is intended to, or shall be construed to, confer upon or to give to any person Or party other than CITY and LICENSEE the covenants, condition or stipulations hereof. All covenants, stipulations, promises and agreements in this License shall be for the sole and exclusive benefit of CITY and LICENSEE. 02080.l sm 0053087 21 EXHIBIT B (Preliminary) ROAD y (E) RESTROC N’--~NEW AC OVERLAY CHAIN LINK FENCE (E) BALL FIELD. CITY OF PALO ALTO SERVICE YARD \\\\\\ zZZZ7 CONSTRUCTION PREMISES