HomeMy WebLinkAbout2002-10-21 City Council (2)City of Palo Alto
C ty Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER
12
DEPARTMENT:A~DMINISTRATIVE
SERVICES
DATE:OCTOBER 21, 2002 CMR: 416:02
SUBJECT:JOINT USE AGREEMENT BETWEEN CITY AND SANTA CLARA
VALLEY WATER DISTRICT FOR WILKIE WAY BRIDGE
RECOMMENDATION
Staff recommends that Council authorize the Mayor to execute the attached Joint Use
Agreement (Agreement) with the Santa Clara Valley Water District (District) for the
pedestrian!bicycle bridge crossing Adobe Creek between Willde Way and Miller Avenue
(Wilkie Way Bridge).
BACKGROUND
The 1974 agreement between the District and the City providing for the City to install,
operate and maintain the Wilkie Way Bridge has expired. ~Qn March 6, 2000, Council
approved an award of contract in the amount of $130,276i for Capital Improvement .
Program (CIP) project 19708, Wilkie Way Bridge Resurfacirig. The work was completed
October 14, 2000 and included resurfacing, related maintenance and light fixture
installation.
DISCUSSION
The provisions of the proposed Agreement between the City and the District for the
Wilkie Way Bridge (Attachment B) do not differ significantly from the previous
agreement. Major terms and provisions are summarized in Attachment A. The Agreement
provides for public use of the bridge for nonvehicluar public use, under the control and
authority of the City. The City is responsible for installing, operating and maintaining the
bridge, and the District is responsible for maintaining Adobe Creek for flood control and
water Conservation purposes. The term of the Agreementl..is 25 years, subject to
termination by either party upon 180 days written notice. The City and District agree to
coordinate routine maintenance and to minimize impacts to wildlife and the environment.
CMR:416:02.Page 1 of 2
RESOURCE IMPACT
Approval of this agreement will not significantly change the, City’s existing maintenance
responsibilities for the bridge. .
POLICY IMPLICATIONS’
The recommended action is consistent with City policy including Comprehensive Plan
Transportation Policy T-14: Improve bicycle and pedestrian infrastructure.
ENVIRONMENTAL REVIEW
This is a maintenance agreement and is therefore categorically exempt from.CEQA.
ATTACHMENTS
Attachment A:
Attachment B:
Summary of Major.Terms of Joint Use Agreement
Joint Use Agreement
PREPARED BY:
JANET FREELAND
Senior Financial Analyst, Real Est~ate~,
DEPARTMENT HEAD APPROVAL:
CITY MANAGER APPROVAL:
CARL
Director,
City Manager
Services
CMR:416:02 Page 2 of 2
ATTACHMENT A
Summary of Terms of Joint Use A~reement
Parties:
City of Palo Alto and Santa Clara Valley Water District
Premises:
Pedestrian!bicycle bridge crossing Adobe Creek at Wilkie Way and Miller Avenue
Term:
Twenty-five (25) years beginning on the date the Agreement is approved by the District
Board of Directors. The agreement may be terminated by either party upon one hundred
eighty (180) days prior written notice.
Permitted Uses:
Nonvehiclar and recreational purposes as well as flood control and water conservation
purposes.
City Responsibilities:
Install, operate and maintain the bridge at City’s expense. City to have full control and
authority over use of the bridge for public purposes. City has right to build bridge
improvements subject to approval by District, and such improvements shall remain the
property of City
District Responsibilities:
Maintain Adobe Creek for flood control and water.conservation purposes.
Joint Responsibilities:
City and District to coordinate routine maintenance and to minimize wildlife and
environmental impacts of any construction. Each party to cooperate to create and install
signage benefiting the program of each party.
Hold Harmless:
City and District each indemnify and hold harmless the other party except in cases of
willful or negligent acts.
ATTACHMENT B
A/C Leases: Joint Use
File: City of Palo Alto
X-File: 1010-18, 25, 40
JOINT USE AGREEMENT
SANTA CLARA VALLEY WATER DISTRICT, a public corporation, hereinafter referred to as
"District;" and the City of Palo Alto, a chartered municipal corporation, hereinafter referred to as
"City;" AGREE this __ day of ,2002, as follows:
RECITALS:
District is the owner of certain real property and the holder of certain easements over certain
real property owned by others (which real property and easements are hereinafter referred to,
collectively, as "the Premises"). The Premises are described in "Exhibit A" attached hereto,
so marked and by this reference made a part hereof.
go City and District recognize th.g~_.the Premises are regulated by a variety of federal, state, and
local agencies.
City and District, in cooperation with the California Department of Water Resources, the U.S:’
Army Corps of Engineers, and the California Department of Fish and Game, agree to use the
Premises for nonvehicular (except for maintenance, emergency, and enforcement vehicles)
and recreational purposes as well as for flood control and water conservation purposes.
D°City has ascertained that adequate funds have been appropriated to construct and operate its
proposed facilities on the premises and that adequate funds have been appropriated to meet
all of its obligations contained in this agreement.
The parties find it to be in the public interest to provide for joint use of the Premises by
means of an Agreement thereof under the following terms and conditions:
AGREEMENT:
CITY BRIDGE INgTALLATION, OPERATION AND MAINTENANCE
District shall and does. hereby grant permission to City on District lands and within District
easement areas within the Premises to install, operate and maintain at City’s own expense the
Wilkie Way bicycle and pedestrian bridge, hereinafter the "Bridge," subject to District
review, District issuance of a permit and the City securing all other permits required. Should
it be necessary for the City to enter the Adobe Creek Channel to perform maintenance
services relating to the bridge, City shall notify District’s West Watershed Maintenance Unit
prior to work.
RE1734i (06/00)1 of 7
2.TRASH REMOVAL AND GRAFFITI ABATEMENT
City shall be responsible for providing for adequate waste removal service as City and
District reasonably determine to be necessary. City shall also be responsible for providing
graffiti removal from the Bridge, appurtenances, and surfaces directly accessed from the
Bridge, in compliance with City’s graffiti abatement program, including graffiti removal
from signs installed in conjunction with and!or accessory to the installation of the Bridge and
in a manner consistent with its implementation of the same program at comparable City
facilities.
PATROLS
The Bridge may be patrolled by City personnel and ranger services under contract with City
and/or volunteers supervised by City. District shall have no obligation whatsoever to
provide or pay for such services.
REPAIR AND REPLACEMENT COSTS OF BRIDGE IMPROVEMENTS
City shall be responsible for the removal and replacement of the Bridge in the event District
is required to improve Ado .be,..._ Creek for flood protection purposes in any manner that
necessitates such removal of the bridge. District shall involve City in preconstruction
planning, as described in Clause 7, in the event a District flood control project is needed, to
minimize District’s project impact on the Bridge.
LIABILITY FOR DAMAGE TO BRIDGE
If Damage occurs to the Bridge by reason of District’s reasonable and lawful maintenance or
other activity or by reason of natural forces it will not be the responsibility of the District to
repair or restore the bridge. --
COOPERATIVE PUBLIC SERVICE
City and District recognize the unique nature of the resources and recreational uses covered
by this agreement and the beneficial effects to both parties of providing these resources to
the public. City and District resolve to utilize their respective offices to mutually support the
efforts of each other to deliver such services to the public. City and District further agree to
cooperate in order to resolve disputes and assist each other in responding to public inquiries
arising from the activities of the parties of either team.
RE1734i (06/00)2 of 7
o
o
10.
COORDINATION OF ROUTINE MAINTENANCE
City and District staff shall meet whenever necessary for the purpose of scheduling routine
maintenance of the Premises, including, but not limited to:
Maintenance issues related to the Bridge;
Method and timing of issues related to affected wildlife;
Nonemergency work requiring the use of heavy equipment, barricading, and/or
restricting access to the Premises. District and City further agree to notify one
another’s designated representative as required prior to commencement of such work,
in order to minimize public impacts.
In an emergency situation, District shall have rights provided in Par.agraph 14 without
consulting City.
ADOPT A CREEK PROGRAM
City will encourage volunteer groups to participate in District’s "Adopt-A-Creek" program.
PLANTINGS
In the event the City adds any landscaping, native plants selected by a licensed landscape
architect with native habitat experience must be used for revegetation purposes.
WILDLIFE AND ENVIRONMENTAL IMPACT MINIMIZATION
Construction work during spring nesting season will be avoided whenever possible. The
parties acknowledge that the spring nesting season occurs between February 1 and July 1. If
construction must be done during the nesting season, a survey by a qualified biologist will be
undertaken to determine the presence of nesting. If no nesting activity is reported, then the
work may proceed. If nesting activity is reported, the biologist will be required to
recommend the implementation of adequate mitigation measures. Environmental impact
shall be considered prior to all work. Any and all work related to this clause shall be
completed in accordance with applicable federal, state, and local environmental health and
safely regulations including the federal Migratory Bird Act of 1918 and any amendments
thereto.
REl734i (06100)3 of 7
I1.
12.
13.
SIGNAGE
The parties shall cooperate to create and install signage which benefits the programs of each
party such as warnings, entrance signage, interpretive signs and benches, and joint uses when
applicable. The General Manager of the District and Deputy Director of Public Works of the
City or their designees shall meet and confer on a periodic basis to plan and install
appropriate signage which serves the needs of both parties.
All signs excepting existing ones or publications that identify the Bridge by name should
include the District’s logo in equal size and symmetric relationship to any other logos. All
signs or publications that are intended to interpret the water resources must be developed in
cooperation with the District’s Public Information Office and should also include the
District’s logo in equal size and symmetric relationship to any other logos. Maintenance
responsibility for signage and benches shall be the responsibility of either the District or the
City, according to which entity has installed the improvements.
TERM OF AGREEMENT AND TERlVIINATION
This Agreement shall be for a period of 25 (twenty-five) years beginning on the date it is
approved by the District Board of Directors. City may, upon written notice to District of
intent {o do so, given not less"t~an ninety (90) days prior to the termination date, renew this
Agreement for a like period upon the same terms and conditions. This Agreement may be
terminated by either party upon one hundred eighty (180) days prior written notice to the
other at any time prior to the expiration of the 25 year term of the agreement. Notice of
intent to renew or to terminate may be given by the City’s Deputy Director of Public Works
for City. Notice of intent to terminate may be given by the District’s General Manager for
the District.
CITY USE OF BRIDGE FOR PUBLIC PURPOSES
City shall have the full control and authority, for purposes of this Agreement, over the use of
the Bridge and City may restrict, or control, regulate and supervise the public use thereof.
City may, in its Sole discretion (but consistent with the right of District herein described, and
without substantial or hazardous diminution of the flood control or conservation function of
the Premises as now existing or as may hereafter be altered), take any measures of every
kind as may in the opinion of City be necessary for the safety of the users of the Bridge for
any purpose permitted under this agreement. Further, City shall have the sole responsibility
for the maintenance in usable and safe condition of the Bridge upon the Premises for
purposes of this Agreement.
RE1734i (06/00)4 of 7
14.
15.
16.
DISTRICT USE OF PREMISES FOR FLOOD CONTROL AND WATER
CONSERVATION
District shall have the sole responsibility to maintain Adobe Creek for flood control and
water conservation purposes, to repair and reconstruct the same where necessary for such
purposes and to perform such periodic maintenance as may be appropriate to such purposes,
including removal of silt, debris, and obstructive growth. It is expressly understood that
District is engaged in flood control and the conservation of water and that the terms and
conditions of this Agreement shall not in any way interfere with the absolute, free and
unrestricted right of District to operate and maintain for flood control and water conservation
purposes the stream bed and banks or any appurtenant works thereto, or to repair or construct
any of its works, or to raise or lower the height of the water present upon the Premises; and it
is further understood that nothing herein contained shall be construed as conferring a right
upon City to have or a duty upon District to provide water upon the Premises at any time.
City shall bear the cost and expense of any security, police or other expenditure necessary to
temporarily prohibit or control public access to the Premises that the District would not
ordinarily incur to complete the activities described in this clause or contemplated under this
agreeement. Damage.to District’s or City’s facilities arising from use of the Premises under
this Agreement shall be the r~sponsibility of City.
WATER LEVEL FLUCTUATIONS
It is also expressly understood by City ~hat the level of water upon the Premises may
fluctuate from day to day due to controlled or uncontrolled flows upon and across the same,
and that such fluctuations may require greater control over the use of the Bridge by City and
the public; provided, however, that City shall be responsible for informing itself thereof and
of all other conditions of the Premises whether open or covered which may in anyway affect
the health and safety of the users of the Bridge.
OWNERSHIP, APPROVAL, AND REMOVAL OF BRIDGE IMPROVEMENTS
(a).
(b).
City shall have the right to build Bridge improvements on the Premises necessary, or
convenient to the purposes expressed in this Agreement, provided the location of any
such improvement is, in each case during the term of this Agreement, first approved
by District and signified by !ssUance of a District permit, It is fully understood and
agreed that District,s basis .of approval or disapproval of improvements is .its
responsibility to insure that the same shall not constitute an obstruction to flood
flows and shall not interfere with the use of the premises for flood control or water
conservation purposes, and does not in anyway extend to consideration of the health
and safety of users of the premises, which latter consideration is the responsibility of
Cit~.
Improvements built by City on the Premises shall remain the property of City and
upon the termination of this Agreement shall be rdmoved by City, leaving the
Premises in a condition as near as reasonably possible to their condition prior to such
improvements.
RE1734i (06/00)5 of 7
17.
18.
HOLD
(a).
(b).
HARMLESS
City shall assume the defense of, indemnify and hold harmless, District, its officers,
agents, and employees from all claims, liability, loss, damage, and injury .of any kind,
nature, or description directly or indirectly arising during the initial term of this
Agreement, or any renewal thereof, and resulting from the public use of the Bridge
pursuant hereto or from public use of the Premises occurring in consequence of
City’s or the public’s use of the Bridge, or from acts, omissions, or activities of
City’s officers, agents, employees, or independent contractors employed by City,
excepting claims, liability, loss, damage, or injury which arise from the willful or
negligent acts, omissions, or activities of an officer, agent, or employee of District.
This Agreement to defend, indemnify, and hold harmless shall operate irrespective of
whether negligence is the basis of the claim, liability, loss, damage, or injury and
irrespective of whether the act, omission, or activity is merely a condition rather than
a cause.
District shall assume the defense of, indemnify, and hold harmless,-City, its officers,
agents, and employees from all claims, liability, loss, damage, and injury of any kind,
nature or description directly or indirectly arising from District’s exercise of its flood
control or water conservation purposes on the premises pursuant hereto or from acts,
omissions, or activit{~~ of District’s officers, agents, employees, or independent
contractors employed by District excepting claims, liability, loss, damage, or injury
which arises from the willful or negligent acts, omissions or activities of an officer,
agent, or employee of City. This agreement to defend, indemnify, and hold harmless
shall operate irrespective of whether negligence is the basis of the claim, liability,
loss, damage, or injury, and irrespective of whether the act, omission, or activity is
merely a condition rather than a cause.
NOTICES
Any and all notices required to be given hereunder shall be deemed to have been delivered
upon deposit in the United States mail, postage prepaid, addressed to either of the parties at
the address hereinafter specified or as later amended by either party in writing:
City District
City Clerk
City of Palo Alto
P.O. Box 10250
Palo Alto, CA 94303
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, California 95118
Attention: Clerk of the Board
w/cc to:
Deputy Director, Public Works
City of Palo Alto
P.O. Box 10250
Palo Alto, CA 94303
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, California 95118
Attention: Real Estate Services Unit
RE1734i (06/00) 6 of 7
19.SUCCESSORS AND ASSIGNS
20.
This agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind
the successors and assigns of the respective parties hereto; provided, that City shall neither
assign nor sublet this Agreement without prior written consent of District.
WHOLE AGREEMENT
This agreement includes any and all exhibits, covenants, agreements, conditions, and
understandings between City and District concerning the premises. There are no covenants,
agreements, conditions, or understandings, either oral or written, between the parties hereto
other than herein set forth.
21.CAPTIONS
The captions in this Agreement are inserted for convenience purposes only, and shall not
affect the terms of this Agreement.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
"City"" ......"District"
CITY OF PALO ALTO SANTA CLARA VALLEY WATER DISTRICT, .
a public corporation
By: By:
Chief Executive Officer
ATTEST:ATTEST:
City Clerk Clerk/Board of Directors
APPROVED AS TO FORM:APPROVED AS TO FORM:
City Attorney
APPROVED:
General Counsel
Asst. City Manager
RE1734i (06/00)7 of 7
43-44-59 W 55,65 22-
A.P,NQ, 147-O47-022
M
PL shown approx
A.P.NO. 147-047-022
hZ
Delta=
18-
65.40
8-2 -03
A.P.NO. 147-047-023
-HSE# 2297 Wilkie Way
~W-2) EASEMENT BK I53 PG 648
-12.00B-
-4
A.P.NOo 147-063-042
HSE# 360 Monroe Drive
(W-3) SCVWD FEE BK 4124 PG 274
Delhi= 1-56-06 L= 14.35
~- 5 N 89-22-15 W 425.00 FT (RI~_
~°
K-hlo.oo HSE# 364 Monroe Drive
25.00-~ -(W4) SC~ FEE BK4505 PG 146 -July 16, 1958~50.00--~lot 6
A.P.NO. 147-063-039 ,
HSE# 4287 Miller Avenue ’ ~O
(W-5) SCUD FEE BK 4641 PG 648
L= 91.84 HSE# 370 Monroe Drive
7 Delfo= 12-22-51 -A.P.NO. 147-063~O36
-10t 5
10.00 ,
Delio= 4-43
.~ ~’~r~~’ ..~, "A.P.,O. ]47-06g-0~7
(W-6) EASEMENT BK 158 PG 648 -
16 N 26-4]-40 W "3,74
(R1) - Radia!
PLAT TO ACCOMPANY ESGRIPTION
A.P.NO. 147-047-023
ADOIgE CREEl<
PEDESTRAI~" / BICYCLE
CITY OF PALO ALTO, CALIFORNIA
EXHIBIT "B"
DRAWN BY: JAMES D. KIEHL
CHECKED BY: JAMES BOURQUIN
CHECKED BY: JAY E. REMLEY
LEGAL FILENAME:WILKIE01 .WORD
DRAWING FILENAME:SC071202.DWG
17 ,- 9"...~ HSE# 386 Monroe Odve
\ lot 4
~’10 S 26-41 -40~ E 13.74
-,~(W-7) SCVWD FEE BK 4641 PG 64 ...........
G ....~ A.P.NO. 147-063-038
~-.~"-, 12 , HSE# 390 Monroe Ddve
--50.00/ .....<V-) QO .........
SCALE: 1"= 40’
BRIDGE REVISION: (4) 07/12/2002
REVISION: (3) 01/08/2001
REVISION: (2) 01/03/2001
REVISION: (1) 12/15/2000