HomeMy WebLinkAbout0567.000November lS, 1990
HONORABLE CITY COUNCIL
Palo Alto, California
:Members of tha Council!
REPORT IN SRI EF
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The purpose of this staff report is to recomme.nd that the council:
(1) endorse the selection of ElP Associates for the preparation of
an Environmental Impact Report for the Sand Hill Road project, (2}
authorize the Mayor to execute an aqreement (Attachment 1) with EIP
Associates i~ the amount of $ 275,000, and (3) authorize 6taff to
execute change orders to tha agreement up to an amount of $ 27,500a
BACKGROm!P
In December 1ge9, Council directed staff to circulate a Request for
Proposals to prospective consultants to provide the necessary
services for the preparatior. of an envirornnental document for a
proposed Sand Hi=l Road improvement project (C ~:S65:9)~
The solicitation, evaluation and selection of a consultant for this
environmental study was conducted in accordance with the Cityts
established ccnsultant selection procedures and is fully described
in CKR:153:0, dated February 2, 1990 (Attachment 2J.
The Finance and Public works Committee, at its regular meetinq on
February 13, 1990, reviewed the consultant selection procedures and
recomDIendations for preparation of the Sand Hill Road Environmental
Document and voted unanimously to authorize staff to neqotiate an
agreement with EIP Associates, and to negotiate with ESA Associates
in the event an agreement could not be reached with EIP Associates.
Minutes of the February 13th Finance and Public Works committee
meeting are included as Attachment 3~
CMR: 511'57:0
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At its February 26, 1990 meeting~ as part of its annual
consideration of a resolution a~ting a conflict of interest code
for designated city officers and employees, the Council requested
that the City Attorney contact the Pair Political Practices
Commission (FPPC) and report back as t-o whether the Joint Polle:,.·
committee (JPC) is a decision making body under the. Political
Refona Act, requiring it to 4-.lopt a conflict o£ interest code,. and
prOhibitinq its members from beinq financially interested in the
projecta At the same time,. the Council specified that its
consideration of the approval of the consulta~t contract, for the
Sand Hill Road Environmental Impact Report, should not proceed
until the conflict of interest issue was returned to the co~ncil.
The issue of conflict of interest as it relates to the Sand Hill
Road Joint PolJcy committee was formally raised with the FPPC in
April. Since that time,. several subsequent written and verbal
contacts have been made to provide supplemental inforaation and to
inquire as to progress and status. By letter dated October 23,
19~O (Attachment 4), the FPPC expressed the opinion that the
activities of the Sand Hill Corridor Joint Pol icy committee to date
have been solely advisory in nature and not subject to the
conflict-of-interest provisions of the Political Reform Act. It
also noted, however,. that if, as the project procresses: the
cOllUlittee continues to exist and its input is received by the
council without Itati.tieal modification then the committee could
be considered a deCision-making body for purpose of the Political
Reform Act.
In the aeantime" staff completed negotiations of the terJlls and
content of the consultant contract with EIP Associates and placed
it on hold, in anticipation of the time when the contract would be
brought before the Council. In addition, staff arrang~~ for the
collectiGn of appropriate traffic data (prier to the summer school
closures), for later use in the environmental study (CMR:266:0).
This work was completed and was also placed on hold.
STRATEGY FOR MOYING FORWARD
In view of the findings of the Pair Political Practices Commission
as they relate to the issue of conflict-ot-interest and the Sand
Hill Road Joint policy Committee. staff has revie~ed this matter
and believes that the folJowing course of action 1s now
appropriate:
A. Regarding the Sand Bill Read Joint Policy Committee
The Joint poliey Committee ,JPC) ~as involved in the
development of the Procedural Framework,. the purpose of
which was to determine whether conceptual s.clutions for
improving and possibly extending sand Hill Road to El Camino
Real were worthy of further s.tudy, and whether a 'Work
program with funding mechanisms for i3plementing one or more
0-( these conceptual solutions 'Would be acceptable to the
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participating agencies. The JPC has well served its purpose
durinq the Procedural Framework process. but no longer needs
to exiBt.
In order to maintain the important communication~
cooperation. and WDderstandinq lin~ge between Menlo Park
C!):nd Palo Alto, staff recommends that a Sand Hill i\oad
Liaison Committee be established to serve durinq the period
of prEparatio-n and re'/iew of the enviroX"'.zental d0CU5ent.
Such a committee would coneist of two representatives each
from the Palo Alto and Xenlo Park City Councils. NotablYt
representation on the ccmmittee~ by Stanford Univers.ity,
would be e~cluded~
B. Regarding Consultant Selection tor Preparation of the EIR
The solicitation, evaluation and selection of a consultant
for the preparation of the Sand Hill Road Envirol'.lDental
Impact Report 'Was conducted in full accordance with the
City 1 s selection Procedure for Professional Consultants.
This included the formation of a Selection Advisory
Committee which was directly involved in the evaluation ~nd
recommendation that 'Was subsequently presented to, aM
approved by, the Council's Finance and Public Works
Committee.
Given the fact that the Sand Hill Road Joint Policy
Committee was purposely not involved in any final decisions
reqardinq the selection of a consultant for the preparation
of the EIR, coupled. with thE! findings of" the. CFPPC. there is
no compelling legal basis for not proceeding with the award
of the contract.
C. RegArding the SggpG of Wprk tor the EIR
The scope o~ work included in the contract is the result of
broad, inclusive efforts to insure that the EIR will be able
to address all relevant issues that have been raised
throuqhout the Procedural Framework pI'"ocess, and through two
specific public scopinq meetings held in Fehruary 1990.
Furthermore, one of the very first steps in the. EIR process
'Will be the preparation of an Initial Study ar~ Notice of
Pre.paration which provides all interested parties with a
formal statement of what the environmental assessment will
involve as well as a formal opportunity for comments
ragar4ill9 considerations that should be included in the EIR.
Given this still-to-oocur, tormal legal procedure l coupled
with the earlier efforts to establish an appropriate scope
of services for the EIR preparation, concern reqardinq any
adverse, significant limiting effects that ~~e JPC might
have had on the scope of work should be allayed.
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B&QIIHENPATION
Staff recomMends that council:
1. En4or •• the selection of EIP Associates for the preparation
of an Environmental Impact Report tor the Sand Hill Road
project:
2~ Authorize the Mayor to execute the attached agreement with
EIP Associates in the amount of $275,000; and
3~ Authoriz& staff to execute change order-s to the agreement up
to an amount of $27,500.
Respectfully submitted~
~!"&U~ 1ft.citA. Ii' )d<ttk~
MARYIN L. OVERWAY KENNETH R. SCHREIBER
Director of Planninq and
community EnvirGnmant
Chief Transportation Official
wiLtr~~~
city ~~aqer
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Att~chments: 1. professional Consultant services Agreement
2. CMR,~5J:O (~ated February 8, 1990)
3. Minutes of Finance and Public Works committee
meetinq (dated February 13, 1990)
4. Letter froa California Fair Political
Practices Commission (October 23, 1990)
Ralated staff Reports: CKR:565:9, ·Sand Hill Corridor Study
COOperative Aqreement and Request for
Proposal tor EIR Preparation-,
cc: City of Menlo Park
dated l November 30, 1989
CMR:266~OI ·status of Sand Bill Road
Environmental Study·, dated April 19, 1990
Stanford University (Suzanne Schafter l Robert Freelen l
Andy DotYI Julia Fremon, Michael McKnight. Lee Thompson)
Sand Bill Corridor Uistribution List
CKR:567:0 11/15/90
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A G R E E MEN T
BETWEEN THE CITY OF PALO ALTO
AND
EIP ASSOCIATES
FOR
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
THIS AGREEMENT is made and entered into this _____ day of
November, 1990, by and between the CITY OF PALO ALTO, a Municipal
corporation of california, hereinafter referred to as ·CITY,· and
ElP ASSOCIATES, a California corporation (Taxpayer Identification
NO. 941710558), with offices at 150 Spear Street, Suite 1500, San
Francisco, CA 94105, hereinafter ~eferred to as ·CONSULTANT";
• J t • I 8 8 I T K:
WHEREAS, CITY desires certain professional services
hereinafter dosscribed; and
WHEP.EAS, CITY desires to engage CONSULTANT to provide
thesa services by reason 'of its qualifications and experience for
performinq suctl services, and CONSULTANT has oftered to provide the
required services on the terms and in the manner set forth herein;
NOW, THEREFORE, in con5ideration of their mutual
covenants~ the parties hereto aqree as follo~s:
SBCTION 1 -DEfINITIOHS
1~1 CITY MANAGER
The term "City Manaqer-shall mean the duly appointed
city Manager of the city of Palo Alto, california, or his
desiqnated representative.
1. 2 CIT'l CLERK
The term -City Clerk-shall mean the duly appointed City
Clerk of" the City ot palo Alto, California, or her designated
representative. .
1.3 RISK MANAGER
The term -Risk Manager-shall mean the duly appointed.
Risk Manager of the City of Palo Alto, california 3 or his
designated repre5entative.
1.4 PROJECT
The term -Project-m6ans the preparation of an environ
mental impact report for improvements to Sand Hill Road.
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s ecrrQN 2 -PROJECT COORDINATION
The City Manager shall he representative of CITY for all
purposes under this Agreelle.nt. Marvin OVerway is designated as the
PROJECT MANAGER f~r the City Manager, and he shall supervise the
progress and execution of this Agreement.
2 • 2 CONSULTANT
CONSULTANT shall assign a single-PROJECT DIRECTOR to have
ov-erall responsibility for the progress and execution -of this
Agreement for CONSULTANT~ Russell Faure-Brae hereby is designated
a.s the PROJECT OIRECTOR for CONSULTANT~ .Joan Kugler-shall be
asslqne4 as PROJECT COOROINATOR for CONSULTANT and shall rep~esent
CONSULTANT during the day-to-day work on the Project. Should
circumstance;; or conditions subsequent to the ex-ecution of this
Aqreeaent require a substitute PROJECT DIRECTOR or PROJECT
COORDINATOR for any reason the PROJECT DIRECTOR or PROJECT
COORDINATOR designee shall be subject to the prior w-ritten approval
of the PROJECT MANAGER.
SECTION 3 -SCOPE OF PROJECT
The scope of the Proje.ct to be exectJted by CONSULTA..lfT is
described in Exhibit ·A-, entitled IIIISand Hlll Road Scope of
Services·, attached hereto and made a part herenf.
SECTION .. -rqrItS OF CONSULTANT
4.1 BASIC SERVICES
Unless otherwise indicat.ed, CONSULTANT shall perform
those services described in ~xhibit -A-.
'.2 ADDITIONAL SERVICES
CONSULTANT shall pertorm or obtain any and all of the
following additional services, not included under Basic Services,
if so authorized in writing' by CITY, and shall be paid as provided
in section 6 of this Agreement:
4. .. 2.1 Providing service.s as an expert witness in
c~Mecticm with any public hearing., arbitration procE'.edinq, or
proceedinq of a court of record.
4.2.2
CONSULTANT and bis
services.
Incurrinq travel and subsistence expenses for
staff beyond those normally required under Basic
4.2.3
&qreed upon by
A<;r"eaent.
Performinq any other services that :may be
the parties subsequent to the execution of this
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4~3 GENERAL DUTiES OF CONSULTANT
".; 3.1 CONSULTANT represe:-lts that it is experienced in
the preparation of environmental impact reports and is qualified to
furnish the services described under this Agreement. CONSOLT~
further declares t..,",-at employees of its firm and those of its
subconsultants,. if any". are lU:ew!sa qualified to perform. their
services and that these selvices will be performed by 'them or-under
~~eir supervisjon~ CONSULTANT Ghall furnish to CI~i for app~ovalt
prior to eXE:cution of this Agreement, a list of all firms 01"
corporations to be employed as sUbcon5~ltants.
4.3.2 CONSULTANT shall furnish CITY ~ith every
reasonable oppo~tunity for CITY to ascertain that the services of
CONSULTANT are beinq performed. in accordance with the requirements
and intentions of this Aqreement.
SECTION 5 -DUTIES OF CITL
5~1 CITY shall provide full information regarding its
requirements tor the Project, as well as copies of all relevant
studies, data and other information which is in City's possession.
5.2 CITY shall examine documents submitted by CONSULTANT and
shall rer.4er decisions pertaininq thereto promptly, to avoid
ur.rea~onable delay in the progress of CONSULTANT's York: provided,
however". all written work submitted by CONSULTANT for raview by
CITY shall have been edited for qrammatical and typographical
correctness as well as tor substance~
5.3 CITY shall furnish information required by CONSULTJLNT as
expeditiously as possible.
SECTION E -PAYMENT
Payment shall be made by CITY only for services rendered
within 30 days a£ter submission in triplicate of monthly progress
payment requests.. Each :aonthly progress payment request (invoice)
shall be itemized as to the amount requested for the work completed
to date in each task area, the cu.ulative amount invoiced, and the
balance reaaining in each task area. Invoices shall be directed to
the attention of the PROJECT KANAGER.
15.1 CONSULTANT'S DES
In consideration for the full performance of the Basic
services and re:i.laDursable expenses-described in Section 4 ~ 1 ot this
Aqr~~t,. CITY aqrees to pay CONSULTANT a fee not to exceed Two
Hundred. Seventy-Five "I'bousiUld Three Hundred sixty Dollars
($215,360) for the Project.
The amount of CONSULTANT'S compensation shall be
based on percentaqe completion of each task desc~ibed in Exhibit -8-entitled ·Sand Hill Road EIR Budqet~, attached hereto. The
Budqet is intended to express the qeneral intent of the parties
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with resp.ect to the alloca.tion ot' the work and expense to each
task. It is expressly acknowledged that said proposed budqet shall
not have any bindinq effect and that CONSOLTANT shall provide the
services necessary to perform. each task in accor-dance with the
requirements of the project and the Scope of Work. Nothing
contained in Exhibit -S· sh~ll :be deemed to modify CONSULTANT'S
Obliqation to perform all services specified herein fo~ the total
compensation set forth in this section.
6.1.1 Subcoosllltants~ Fees for subconsultants l hired
diractly by CONSULTANT, shall he included in the amount set forth
in paragraph 6~1.
ti.l.2 For Additional Services.
additional services I as described in Section 4
compensation shall be as prescribed in E~~icit
6.2 PA'OfENT SCHEDULE
For CONSULTANT' S
of this Aqreement l
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6.2.1 For
SeN ices sball be made
Exhibit "S" and EXhibit
Basis;; Services. Payce.nts fol.' Basic
in progress payments in accordance wi th
'IIC·~
Final payment shall be made by CITY after CONSULTANT has
submitted all required documents and received approval thereon.
6.2.2" for Additional Services. PaYlllents for
additional services of CONSULTANT as defined in Sectic.n 4 shall De.
made as part of the monthly progress payments for service!:>
rendered ..
6.2.3 Payment upon suspension or Abandonment ot
Project. If the Project is suspended by CITY for more than three
(3) months or acandoned in whole or in part by CITY, CONSULTA.."lT
shall be paid its compensation for services performed prior tc'
receipt of written notice from CITY ot such suspension or abandon
ment, toqether with additional and rei:mbursable expenses then due.
If the Project is resumed after being suspended, CONSULTANT shall
continue to be paid in accordance with the fees £or basic services
set forth in this Section 6; provided# ho~ever, if the suspension
contributes. to the inability of CONSULTANT to provide the services
set forth in· Section 6 for the -not to exceed-amount set forth in
Paragraph 6~ 1# any change in CONSOLTANTls compensation shall be
subject to renegotiation 4nd, it necessary, approval by the Palo
Alto City Council. If this Agreement is suspended or terminated
.for fault of CONSOLTANT" CITY shall be obligated to compensate
CONSULTANT only tor that portion of CONSULTANT I S eervices which are
of benefit t~ CITY in producing an EIR that is adequate and in
compliance with the California Environmental Quality Act.
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SEC"I'lOH 7 -PROGRESS A.~O COXPUTION
7.1 TIME IS OF THE ESSENCE
It is understood and agreed that time is of the essence
of this Agreement, and that, following receipt of Notice to
Proceed, CONSULT~~ shall commence work on initial tasks of study
in accordance-with the tiae schedule set forth in Ex..llibit ·0 ....
Work on subsequent tasks shall proceed in accorda~ce with said time
schedule.
7 ~ 2 TIME 0 F COKPt,mION Qf EACH ERAS ~
CONSULTANT agrees to perform the phased services within
the time limits set forth in Exhibit ·D~ providsQ, however, that
any change in the scope of services or other chanqes due to CITY's
requirements may require a revised time table.
7 ~ :) CIty 'S REVI EW AND APPROVAl.!
Between each phase of work there is a review and approval
period by CITY. The CITY will exercise due diliqence to complete
these tasks; however" it is recognized that the interrelated
exchanqe of information among CITY'S various departments makes it
impossible to set a specific time 6ch~dule. Normally, the CITY's
estiaated period of review and approval will be furnished to
CONSULTANT at the time of submission of each phase ot work.
7 .. 4 ElI."TENSION OF fIXE Qf COMPlETION
In the event the service.s called for under this Agreement
are not completed by CONSULTANT within the time specified" CITY
shall have the option to extend the time of completion.. This para
graph does not preclude the recovery of damages for delay of either
party.
SECT ION g -CHANGES IN WCRK
CITY may order major changes in scope or characte~ of
vork~ either decreasing or increasing ~~e amount of CONSULTANT's
services.. In the event that sucb changes are ordere-:J., CONSULTANT
shall be entitled to full compensation for all work plli!rforme.d prior
to receipt of notice of chanqe. Increased compensation for major
change. shall be deter.ined in accordance with Section 6 of the
Agreement, but in no event shall CITY be liable ror payment unless
the aaount of such extra compensation shall first have been aqreed
to in writing by CITY.
In the event that .ajar changes are ordered pursuant to
this section, the SChedule for proqrass and completion in section
, of this Agreement and compensation shall be adjusted by negotia
tion between CONSULTANT and CITI" subject to approval, if neces
sary, by the Palo Alto city Council.
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SECTION 9 -TE'RMINATIOll OR SUSPENSION OF AGREE:ME~
9 • 1 CANCE t.LAT10N BY CONSULTAlIT
CONSGLTANT may terminate tnis Agreement or suspend work
on the Project upon thirty (30) days' written notice to CI"X'i" but
only in. t.he event of substantial failure of performance :b~[ CITY or
in the event CITY abandons or indefinitely postpones the Project.
9.2 CANCELLATION BY CITY
without limit.ation to such rights or re:rtlerlies as CITY
shall otherwise have by law, CITY s~all have the right to terminate
this Agreement ~r suspend work on the Project fer any reascn l upon
fifteen (15J days' written notice to CONSULTANT. CONSULTANT agrees
to cease all work under this Agreement upon receipt of said written
notice.
9.~ ~SATION OF CONSVLtANT IN THE EVENT OF TERMINATION
OF THIS AGREEMENT
In the event of termination of this
suspension of work on the project by either CITY
CONSULT~~ shall receive compensation as follows:
Aqreement or
or CQNSlJLTAl~T,
9.3.1 For approved items of service und~r section 4
of this Agreement, compensation shall be in the amount outlined
under Section 6 of this Agreement tor the items of service ~ully
performed by CONSULTANT ..
9 .. 3.2 For items of" se-rvic~ on which a notice to
proceed has been issued by CITY # but which have not been fully
cOlllpleted and approved, CONSULTAHT shall be compensa"t,ed .for said
service in an amount which bears the same ratio to the total fee
otherwise payable for the performance of said service as the
service actually rendered bears to the total service necessary for
the full performance of said item of service.
9 .. 3.3 In no event shall the total compensation paid
in the immediately pr~cedinq paragraphs exceed the payment
specified in Section 6 for the respective items of service to be
furnished by CONSULTANT.
9 .. 3 .. 4 Notwithstand1nq anytbinq in the preceding para-
graphs, upon termination £or rault of OONSULTAh~, CITY shall be
obligated to pay for only that portion of the service 'Which can be
incorporated in an adequate environmental impact report.
9 • 4 [XITI ES OF CITY AND CONSULTANT
upon ter.ination o~ this Aqreeaent or suspension of work
on the Project by either CITY or C'OlISULTANT, all duties of CITY and
CONSULTANT, as set forth in Sections 4 and 5 hereinabove, shall
terminate.
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SICTtON 1 Q -CQNSUI,TA.-..rT· S ACCOUNTING RECORDS
Records
Proj ect shall be
accounting basis
convenient times:
of the followinq expenses pertaining to the
kept :by CONSULTANT on a generally recognized
and shall be available to CITY at Mutually
10.1 Oircact personnel expensE'S~ including ccnsultant expenses.
(See Section 6 ot this Aqreement.)
10.1.1 Expenses pertaining to Ad<iitional services.
(See Section 6 at this Agreement.)
SECTION 11 OWNERSHIP OF ~NTS
11.1 Subject to the provisions ~f paragraph 11.2 below, all
docUtllents prepared by CONSULTANT l.n the performance of this
Agreement. although instruments of professional service, are and
shall be the property of CITY ilihether tee environ!l!ental impact
report is certified or not.
11.2 Upon termination under Section 9 of this Agreement and
upon CITY's payment ·of the amount required to be paid unde~ same
section, the oriqinals and all calculations, studies and similar
docwnents become tho!! property Qf CITY, and CONSULTANT shall
transfer them to CITY upon request without additional compensation.
CITY shall have the right to utilize any information and documents
prepared hereunder by CONSULTANT; however, CITY shall indemnify
CONSULTANT aqainst any loss which may be caused to CONSULTANT by
such use and reuse.
SECTIQjl 12 -INTEREST OF CONSULTANT; CONSULTANT INDEPEN
DENT OF CITY
:In accepting' this Aqreement, CONSULTANT covenants that it
presently has no intere5t, and shall not acquire any interl:st,
direct or indirect, financial or otherwise, which would conflict in
any manner or degree with the performance of the services here
under. CONSULTANT further covenants that, in the performance of
this Agreement, no subcontractor or person having such an interest
shall be employed. CONSULTANT certifies that no one who has or
will have any financial interest under this Aqreemant is an officer
or employee of CITY.
It is expressly aqreed that in the performance of the
professional services required under this Aqreement CONSULTANT, and
any of its subconsultants or employees, shall at all times be con
sidered independent contractors and not Agents or employees of
CIT~.
SEctION 11 -OUTSIPE CONSULTANTS
CONSULTANT shall be responsible for employing all outside
consultants (subconsultants] necessary to aid CONSULTANT in ~~e
performance of the services listed. in Sectio=:t " of thi's Agreement:
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provided, however, that all such subconsultants shall receive prior
approv~l of CrTY in writing and shall remain acceptable to CITY
durinq the term of this Aqreemer.t.
~~IQN 14 -INDEMNITY
CONSULTANT agrees to indemnify, d@f@nd and bold har.mless
CITY, its of~icers, aqents and employe~s from any and all demands,
c~aims, or liability of any nature,· including death or injury to
any person, property damage or any otber loss, caused by or arising
out of CONSULTAh~'s., its officers', agents', subcontra.ctors' or
employees· negliqent acts, errors, or omissions, or willful
misconduct, or conduct for which the law imposes strict liability
on CONSULTANT in the performance or failure to perform this
Agreement.
SECTION 15 -INSURANCE
15.1 IJIllIILITY rNsURANcE
15.1.1 CONSULTA.!O(T, at its sole cost and expense, shall
obtain and maintain, in full force and effect throughout the entire
term of this Agreement, the insurance coverage. described in Exhibit'
wE-, attached hereto, insuring not only CONSULTANT and its
subcontractors, it any,. but -l'.lso, with the exception of yorkers'
compensation and employer's liability insurance,. CITY, its
officers, agents and employees,. and each of them l ~ith respect to
activities and services performed by CONSULTANT tor or on b-ehalf of
CITY under the provisions of this Agreement.
15.1.2 Certificates of such insurance,. preferably on
the forms provided by CITY, shall be filed with CITY ~oncurrently
with the execution ot this Aqreement or. 'W"ith CITY's approval,
within ten (10J working days thereafter. said certificates shall
be s'.lbject to the approval of the CITY Risk Manager and shall
contain an endorsement stating that said insuranc-e is primary
coveraqe and will not be canceled or altered by the insurer except
after filing with the City Clerk thirty (30) daysl prior written
notice of such canc~llati~n or alteration, and that the City of
Palo Alto is nam&d as an additional insured (except in policies of
professional liability insurance). CUrrent certificates of such
insurance shall be kept on file at all times' durir.g the term of
this Aqrea.ent with the City Clerk.
SEctION Ie -WORKERS' COMPENSATION
CONSULTANT., by executing this Agreement,. certifies that
it is aware Qt the prOVisions of the Labor Code of the State of
California which require every employer to be insured against
liability for workers· compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certi.ties that
it will comply with such provisions before commencing the perform
ance. of the work of this Agreement.
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SterION l' -AGREEMENT SINDING
The terms, covenants, and conditions of this A9r€em~nt
shall apply to, and shall bind, the heirs l successors, executors,
administrators, assigns, and subcontractors of both parties.
SRGTTON 15 -NONA$SIGHA§ILIT¥
18.1 rEES0NAL SERYICE~ OF CONSULTANT
Beth parties hereto recognize that this Agreement is for
the personal services of CONSULTAlfT and cannot be transferred,
assigned or subcontracted by CONSULTANT without the prior written
consent of CIT'!.
18.2 SER-lflc;ES OF SUBCONSUL~AND THEIR EMPLOYEES
CONSULTANT shall be responsible for employing or engaging
all persons necessary to perform the services of CONSULTANT here
under. No subconsultant of CONSULTANT will be recognized by CITY
as such; rather, all subconsultants are deemed to be employees of
CONSULTANT, and it agrees to be responsible for their performAnce.
CONSULTANT shall qive its personal attention to the fulfjllment of
the provisions of this Aqreement by all of its employees and suh
consultants, if any, and &hall keep the work under its control. If
.any eapl.oyee or subcon5ultant of CONSULTAllT tails or refuses to
carry out the provisions of this Agreement or appears to be
incompetent or to act in a disorderly or improper manner, he or sbe
shall be discharqed immediately tro. the work under this Aqreement
on d.emand of crTY.
SECTION 19 -RELIANCE UPON PROFESSIONAL SKILL OF
CONSULTANT
It is mutually understood and agreed by and between the
parties hereto that CONSULTANT is skille.d in the professional
calling necessary to perform the vork agreed to ~e done hereunder
and that CITY relies upon the skill of CONSULTANT to do and perfona
the work in the Blost skillful manner f and CONSULTANT aqre-es to thus
perfc:na the 'Work. The accep-tance: of CONSlTL'l'ANT's ,"",ark by CITY does
not operate AS a release o~ CONSULTANT (rom said Obliqation.
SECTIOlf 2 Q -pAIVERS
Tbe waiver by either party of any breach or violation of
any terll, covenant, or condition of this AgreemEnt or of any
provision, ordinance, or law shall not be deemed to be a waiver of
any other term, covenant, condition, ordinance, or law or of any
subsequent breach or violation of the same or ot any other t~rDc
covenant, condition, ordinance, or law. The subsequent a~eptance
by either party of any tee or other money which may become due
shall not be deemed to be a waiver hereunder by the other party of
any terw., covenant, or condition of th.is Agreement or of any
applicable law or ordinanc~.
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SECTION 21 -NO lME1!ED WAIVER
No payment, part ial payment M .!icceptance, or partial
acceptance by CITY shall operate as a waive~ on the part ot CITY cf
any of its r19hts under this Aqreement~
SECTiDN 22 -reSTS AND ATTORNEYS I FEES
The prevailing party in any action brought to enforce the
terDs of th .... s Agreement or arisinq out of this Agreement may
recover its reasonable costs and attornay fees expended in
cOJL,ection with such an action from the other party~
SECTION 23 -NONDISCRIMINATION; PENALll
23rl QUTX OF CQNSULTANT
No discrimination shall be made in the emploYl:lent of
persons under this Agreement because of the race, cclor, national
origin,. ancestry, religion or sex of such person~ If the value of
this Agreement is, or-may be, Five Thousand Dollar&. ($5 .. 000) or
more, CONSULTANT agrees to ~eet all requirements of the palo Alto
Municipal Code pertaining to nondiscrimination in employment and to
complete and submit the -Compliance Report--Nondiscrimination
Provisions of Cit,y ~f Palo Alto contracts.-on the form furnished ~y
CITY as Exhibit -Fa attached hereto and incorporated t.erein by
reference ..
CONSOLTANT agrees that each aqreement for serviceD from
independent provi~ers $hall contain a provision substantia11y 3S
follows:
-PROVIDER shall provide CONSULTANT with a
certificate 5tatinq that he (or she) is currently in
eo~pllance with all Federal and state of california laws
coveri"9 nondiscrhdnation in emploY!flent; that he (or
she) will pursue an affirmative course of acticn as
required by the Affiraative Action Guidelines of the city
of Palo Alto; and that be (or she) will not discriminate
in the eDployaent of any person 'J.nde-r this contract
because of race, color, national origin, ancestry, sex or
religion ot sucb person.-
23.2 PENALTy FOB QIsCB;MINATl2H
It CONSULTANT is found in violation of the nondiscrimina
tion provisions of the State of California Fair Employment
Practices Act or similar provisions of federal 1a .. or executive
order in the performance of this Agreement, it shall thereby be
found in IAaterial breach of this Agreement. Th.ereupon, CITY shall
bave the power tc? cancel or suspend this Agreement, in Whole or in
part, or to deduct from the amount payable to CONSULTANT the sum of
Twenty-Five Dollars ($25) for each person for each calendar day
during which such person was discriminated against, as damages tor
said breach of contract, or both~ Only a finding of the State of
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tellClt ..... OCOOI94
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o
california Fair Employment Practices commission or t~e equivalent
federal agency or Qtticer shall constitute evidence ot a violation
ot contract under this section.
If CONSULTANT is foune in violation 'Of the nondis
cri.ination provisi~ns ot this Agreement or the applicable
affirmative action guidelines pertaining to this Aqre~ent,
CONSULTANT shall tie found in material breach of this Agreement.
Thereupon, CITY shall have the power to cancel or suspend this
Aqreelllent, in whole or in part, or to deduct from the amount
payable to CONSULTANT the sum of Two Hundred Fifty Dollars ($250)
for each calendar day during which CONSULTANT is found to have been
in such noncompliance as damaqes for said breach ot contract, or
both.
~ON 24 -ABBITMTIQI!
Opon aqreement of the parties any controversy O~ claim
ar~s~ng out of or rela.ting to this Aqreement !!lay :be settled :by
arbitration in accordance with the Rules of the American Arbitra
tion Association.. and judgment upon the all{ard rendered hy the
Arbitrators may be entered in any court having jurisdiction
thereof.
SECTlQR 25 -NOTICES
All notices hereunder shall be qiven in vritin~ and
mailed .. postaqe prepaid, by certified mail .. addressed as follows:
To CITY: Office of the City Clerk
250 Haailton Avenue
Palo Alto .. CA 94303
AND
Chief Transportation Official
250 Hamilton Avenue
Palo Alto# CA 9430)
To CONTRACTOR: Attention of the PROJECT DlREC'i'OR
at the address of CONSULTANT recited above
&ECIIOK 26 -ALL COVENANTS ARE CONDITIONS
All provisions of tbis Agreement are expre$sly made
condi tiona.
SECTION 27 -AGREEMENT CQNTAINS ALL YNDEJl.STANOINGSj
AI!EI!!lME!!T
This document represents the entire and integrated
aqreoent between CITY and CONSULTANT and supersede.s all prior
negotiations, representations, and agreements, either written or
oral ..
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't'h.is document may be amendEd only by written instrument,
8iqned by both CIT~ and CONSULTANT •
. S gcTION 2 B -GOVERNING IAN
Tbi9 Aqreement shall be qoverned by the lays of the State
of Cal1tornia~
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
A'l'TEST: CITY OF PALO ALTO
city Clerk Mayor
APi'P.OVED AS TO PORK,
Assistant City Attorney
APPROVED:
By: / po
Assistant city Kanager
EIP~TES
Its: 3:", Q,.J,J
Risk Manager
Finance pirector
APPROVED AS TO CONTENT:
Director of Planning a
Communi'cy En'Virt:>nlllent
Attachllents:
EXHlBI:T -A
EXHIBIT -S
EXHIBIT -C
EXHIBIT -0"
ElCKlBIT "E"
EXHI:eIT ",II'
SCOPE OF SERVICES
PROJECT BUDGET
COMPENSATION SCHEDULE
PROJECT SCHEDULE
INSURANCE .
NONorSCRIKINATION ~~LIANCE REpORT
12
SIIJI) HIll ROAD $COPI: Of S[RVICU
ItITROOOCTI ON
The consultant team will prepare the environmental documentat1on for tne Sand
Hill Road EIR in f~ll compliance with the Caltfornia Environmental Quality Act
(C£QA} and t~e appropriate procedures set forth by t~e City of Palo Alto that
w111 ensure an accurate and legally adequate ErR. Graphic materials conSisting
of llapSj drawlrtgs and photographs will be provided in iii consistent format
throughout the report.
For eaen task of t"e ElR work program. we ~ilve desc.ribed the work to be
performed, method's. to be used',_ relation to tither work elements. and the task
products. Descriptive material for eac.n task. lias been organized in the followirsg
manner:
• Objectiye~ A succinct description of the task's purpose.
• Methodology: A brief discussion of the 8Othod.l09Y that will be employod
to meet t~e task objectives, the tools needed, the analysis t~chniqyes to
be Qsed, and the requis;te subtuks ..
• Products: A description of the product resulting from each task.
TASK I: PRllJ£CT !HITIATI<*. INITIAL ST\lOY ANO NOTICE OF PREPARATION
Obiectfve
The objectlv.s of this task are to initiate the study process by setting up
coordin~tion and management procedures. rft addition, the enyirQn~ntal process
will begi. with data collection and the continuation of tfl. >coping process
through circulation of the Hotice of Preparation and Initial Study.
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MethodQToay o
T~p consultant team will meet with the Cit1 t~ review the generat scope Gf the
project, U'le data requlrement5 for the £U. and the work. programs f~r tht
technlcal studies to be prepared as the biSis ~f the fIP.. The project sch~dule
wi 11 be fiDaHzed as to meeting dates, and Cit) review periods wi 11 be
establfsJled. r:oordhatfon and aanagement procedures will be definedj t.his will
fnclude coordination of project a~ti~ities with design procedures being
. undertaken by tile engineerfng design consul tanto
Subtask 1.1: Re~iew of R!levant Reports and Pata" Relevant reports and sources
of data will be colleeted and reviewed bj the memb",s of the con,ultant team.
A list of t~e needed docup"rent~ will be provided to the City for u.sistance in
gathering the requested material.
All known 0-0 data ivailable will be reviewed and compared. The traffic
information generated for'" the Mento Park General Plan Update will also be
incorporate<l. If appropriate a 'meeting will be held between tfle CIR team and the
I1<nlo Park traffIc consultant.
Baseline tri.nsportat1cn data provjdtd b.y the Cit, (i.e., peak hour tra.ff1c
volumes, 2'4-hour vo1umes. supplemEntal O-D data, vehicle cllssificati<Hl and
travel times surveys) will be reviewed and analyzed.
Subtask 1.2: Assemblt of land Use Assumptions. The horizon year for the study
and ErR will be 1995 for detaned .nalysls of project impacts and ZOOS for
evaluation of cwnula.the illpacts. Existing lind ... se information to the year 2005
is general11 aViflable to use ir, the an.lysis. The Cit1 stiff have updated the
tr.~el .ad.l to the lOOS horizon year and will provide t"is information to the
consultant te ... The three .tudy entitles will provide land .so Information for
botft 1995 and 2005 that should not require addltlon.l primary data collection by
the consultant t .... Such ~ata collection, If requested by the Cily, will be in
addition to the scope of this contract. The City will conduct • c~rehensive
review of "pip.line" (approved) and likely long.r-te .... projects and provide a
list for use by t~e consultant team at the out~et of the environmentll analysis.
SubtJsk 1.1; Eshb1ishaent of Roadway AHgnment Alternatives. There will be
three project altornatives conslder.d in the ~IR:
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Tbe Twa-lane ~rn1ti~e • The existing tWQ.la~Qad along Sand Hill and
a two~lane axtensfon from Arboretum to [1 Camino Real.
The T~ree·lane Alternative -Sand Aill Road wid~ned t~ tMr~e lanes frorn
Sanh Cr"WZ to Arbor!tum with iI two-lane extenston from Arboretum to £1
Camino Real.
The four-lane Aiternative -A four-lane extension of Sand Hill Road from
Arboretum to £1 Camino Real, with I widened four-lane roadway ~idth along
Sand ~ill Road from Arboretum to Santa Cruz.
In addition, the consultant team will ex.mine four alternatives to the project.
These are:
o Mo Project. the do-nothfng altern~tive.
The Quarry RoadjArbor.tu-VSand Hill R.ad Alternative, with ',isting Sand
Hill Road widened to three lanes fro~ Santa Cruz to Arboretum.
• The Pa1mVG.1vez/Arboretum/Sand Hill Road Alternative, with existing Sand
Hill RDad widened to three lanes from Santa C~Z to Arboretum.
eo The Transportation Demand Management Alternative -Major increases in
prQ9rams for dmand mana.gement and pub' jc transit in the pr!>je-ct area.
Thfs ~i'it.ernatfVe will define the amount of TDM and transit ridership
requind t~ reduce the demand far rl)adway improvements so tha.t the· goa1 s
and obj..ctlves of the project <ou1d be "",t. The effects, acceptability and
cost of sucb I program will then be aflilyzed.
The three proJect alternatives and the four ;Hernatives to the prl1ject 'Will illl
incorporate the ~xi$t1"9 level of TOM attained i~ the project area is I result
of on-going programs as it. part of the exist~n9 conditions.
In addition to the f~11 project alternatives and alternatives to the project as
define<: Elbove. t~e question of' ho .. the cormectlon at n Cmina Rei' w111 bp.. made
IOUst be addressed. Three options (A, ~ and C) will be .va'uat.d for the
connection of the Sand Hill Road Project t. n Camino Real and Alma Street.
Option A would provIde no ace ... between Sand Hill and Al rna; Sand Hi II would have
right Ind l.ft turns on11 at [1 C .. ln. Real. Option B would 11 •• not permit
through .. v-.ent between Sand Hill and Alma; however,' left tur. from A1 .. to
southbound E1 C .. lno Real would be allowed. Option C would allow f,ll acee ••
(though, right and left turns} on all legs of each r.,dway. These three options
wIll be studied as ·subillternatives· (with the assessment based u~n relative
difference. and the detailed design), and the discu.s;on will Include
quantification of the trlvel Implications. The combin.tloR of altern.tives and
options is discussed .. r. fully i. Task 2 . Traffic Impact Analysis.
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Along with the 11ter~es and options to be eViluat~or the environmentll
documentition, there ire Dine ~What if~ type que~tions about YiriQ~S aspects of
the project t~at will "" considered In the 1995 time frame. A sensitivity
analys1s of the environmental and tnfffc implications for each of the study
Questfgns will be perfonmed. These study Questions inc1ude the following:
o Wbat if through trips on t~e proposed extension grow at l faster rit~ as
t fDle passes?
• What if the inter~ectfQn of Sand Hill Road and Santa Cruz is upgraded to
an urban interchange at some point in the future?
o What if a front'ge road and sound wall is constructed along tne
residential area at tne intersection of Smnd Hill and Santa Cruz?
o What if the traffic signal at tile entrance to the existing Oak. Creek
Apartments closest to santa Cruz is removed and an fnternal frontage road
is developed?
.. 'ihat if Oak Avertue were to be ccmpl!tely closed it Sand H'ill Road and
terminated in i cul-de-sac or traffic vere restricted to turn riQht in.
rlght out onl,1 -
o What if the intersection of Oak Avenue and San Hill Road is modif1ed to
allow all turning movements?
o What if movements at Sand Hi n Road and [1 Camino Real are limited to .
rig~t turn in, right turn cut?
• What H the proposed development at Stanford West would have throe
signalized connections to Sand Hill Road {Pasteur, Arboretum and a
midpOint) rat~er than the two currently envisioned?
o What if St~nfQrd Shopping Center were allowed an additional increment of
. d .. elopment I. the amount of 185,000 square feet over the pro,ent cap
(existing plu, 65,000 square feet)? This analysis will be done to
evaluate the effects of trip generation onlY, not to evaluate the other
environmental effects of expansion of the shopping cente.,
SubtaSk 1.4: preparitioD of rnfthl Study (IS) and Notice of Prepanticn (NOP)'
An I.iti.l Study checklist and Notice of Preparation ~il1 be prepared .s;ng the
CEQA guidelines IS I reference.
Subtad. ] .S: Model ins Methodology. Technical consensus among CHy staff and the
consultant tea. on the modeling .ethodo1og) and specific techniques tc be ysed
will be det.e~1ned based on the best combination of accuracy, accessibility, and
cost·effectiveness.
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Lev!l of Service (L® a:"lalysls .at signaiized frttersCons 111111 be condlJc.ted
usCng the ca1lbr.ted TRC 211 method developed for the Palo Alto Citywide land Use
a~ Transportation Study. At urlsignaHzed intersections, the 1985 Highway
capacity aanual l!ethods ... ill be used. Ttl! consu1tant team will l1eet with
transyortation pla~nfng and engineer5ng staff to devel~p an equivalency tabl@ or
other conversion method to transi ate the (,a1 ibrated TRe 212 results into an
approximation of the method us,ed by Menl!!l Park. in its. General PTan tra.nsportation
analysts_ The consultant teiUII will review technical working papers developed for
the Menlo Puk. GE-neril .Plan Circulation analysis and the Palo Alto Citywide
Transportation Stud,Y related to lOS methodolo9Y fer interse-c.tions.
Products
The products of t~is task WQ~ld include a series of memorandum-style reports on
the fol10 .. ing subjects:
o Coordination and Management Procedures.
Revie>olt of Procedural FrauW{lrk Products. Origin-Oestindion Surveys and
Other Re levant Infermat Jon. Tn i $ 1RemQrandUll wi 11 document a rev; ew of
origlD-destination data and other J'/allable traffic infonnation, and
identify any substantial difference-s 11'1 0-0 data c{lllected for the
procedural framework study as wen as dati collected for other studies.
The memo will d~s.crilH! the lIinne"!" in "hich the consultant team plans to
utilize aViihbie O-D data to model the attraction of traffic to the
various Sand Hill Road I!'xtensions and other al t~rnat1ves to the project.
o Assembly of land Use A.ssumptions. Tbis IlferDOrand~m will detail the
understanding of 1.nd use .ssumptions for both 1995 and 2005 and how they
will ba treated for the purpose of traffic analysis.
o Description of Alternoathes. This meszorandum vi 11 define-the complete set
of alterr.at;ves and suValternatives to ~e analyzed iA the Draft EIR~
It ModeliR9 Methodology. This memcrandL'lI 'Will document tfle teclmical
methodology to be used in forecasting future trafflC YGlu~s and diversi~n
of traffic in response to the warlous prDject alternatives.
• 101t1~1 St"dy .nd Checklist. A pre1 iminary draft yill be d.livere<: to the
City for review. and the City's comments will be incorporated i~to the
final copy_
• Notice of Preparation. As with the Initial Study, • preliminary drift
will be delivered to the City for review and the City's comments will be
Incorporated into the fina1 copy.
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TASK 2: TAAfFlt IMPA.lYS!S
Ob1ectiv,
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The obje<tlve of this ta.k will be to prepare. traffic Impact ,oolysls ba.ed
upon eXisti!lg transportation survey dahl including volumes, travel times~
orfgf1'l-dest1natton survey infoi'1Diltl0n and accidents. This teclmical anaTys;!;
will .erve as the basis for the Traffic and Circulation c~.pter of the ErR.
Methodol""y
Three '5ubtasks, discussed below, constitute the whale of Subtask 2.1. Data
C~11ection and Analysis; Su~task 2.2, Futur! Traffic Projections; ar.d S~btask
2.3, Traffic Impact ~,alysis.
SuhUsk ,.J: Existing Conditions Analysis. The ::cnsultant team ..,ill update and
supp~9lent tne description of existing transportation conditions in the Sand !-liil
Road project vicinity. Tbis will b. done throuyh analysIs .f 24-ho"r and peak
period (a.RI. and' p.m.] traffic volumes, h".vel t1mes, origin-destination
infonnation, and other data that describe current conditions. The consultant
team will limit new data collection to assembl~ and review of ilvailahle
information on traffic 3ccident~ i~ the project viCinity, transit routes and
ridersMp, and .sillilar secondary data. Cen.etian of primary data (including Z4-
lIoar volumes, peak period intersection co~nts. travel times~ and origin
destinatiD" informationj viII be provided by the City.
2-1.a: Peak Perfod Conditions. The cGnsultant team will assess the mGrning and
evening peak period operating conditions of the transportation network through
analysis of 1 ink and intersectfon volumes, transit ridersi!ip • .and etMer measures.
Z-Lb: 24·Hour Oata_ C,ily roadlw,y volume. will b. "o,lyzed to establ ish a peak
hour for analysis of project impacts, as well .as to quantify project' ~lIpacts an
resIdential streets.
2-l.c: Origtn-Destination InforRtion. T~e procedural framework orig'fD
deslinatlon survey results will be eyaloated to detenoine the likely diversion
o-f tr,afffc resL!ltil"1g frOil t"e various. l1ternatives~ Additional origin
destination survey data to be proyided by the City will b. analyzed to quantify
other potentil} effects of the ITternatfves, such is I ckinge in trlfffc volume
through the shopping center parking area, or change in the number of u-tur"s at
Cambridge Avenue.
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2-1.d: Travel Time Vormat;on. Travel tiltle~ on
eyal\.1ated to estimatE" tfte differenc! In tral/el
alternatives.
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l~native routes
time afforded by
.i l1 be
project
2-1. t: Clusified Vehic'e Count. A J2-ftour (.1Iss1 fied v~hich count will be
analyzed to 1de':'lt1fy the l1I..mber arHl: type ~f trucks on Sand Hill Road nelr the
project location, as well as to identify typf(il truck routes and destinations
wlt~in the project ylcinlty.
2·1.f: A.ccfdent Oata .. The constJltant team wi11 Jssemble and re'Jiew aViiilable
accident rtcords maintained by the City of Palo Alto, Menlo Pirk, and San Mateo
(aunt] to doc~nt accident experience on Sand Hill ~oad.
Subt~sk 2.2: future Trafffc Project'ons. Using the Palo Alto (it~fde traffic
~del, the cor.sultint te~ will augment the Sand Hill Road quadra~t to include
additional intersections and travel zones. ~xisting-conditf~n traffiC data in
the model will be lJpdated, including pea~ period interJection 'IIolumes and
volume/capacity "itios~ The land use .assumptions def1ned in Task 1 will be
reviewed by City staff and entered into Ute model so that it will reflect
projected developeent between 1990 and the short-term horizon year of 1995, and
the long-term borizon year of 2005.
Traffic assignments for the years 1995 and 2005 will bi! developed for each of the
project altern~tiyes (tWO-lane Extension with two lanes on Sand Hill Road, two
lane extenslon with three lanes on Sand Hill Road ~nd four lanes for both the
extension and Sand Hill Road). TraffiC aSSignments will ilso be developed for
the iltematives to the projeot (No Project, Quarry Road/Arboretum,
PalIlljG.1Y.zjArboretUJl! and the Transportation Demand Management alte,.".tive).
These .sslgnoents will be based upon ivailible 0-0 data .nd data collected as
described i. Subtask 2.1. Tile consultint telll will work with City staff to
obtafl concurrence en key assumptions required for traffic assignments.
Two cycle. of ,.ture traffic modeling will be preformed. The first will be used
t~ assess impacts and differences among the alternatives. These initial results
will be reviewed by t~e consultant te .... lnd the City. A second cycl. of IIOdel ;ng
wfll th.n be performed to finalize the tra •• l forecast and impact .. se" ... nt of
.lC~ of the lltematlves defined above.
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The f~ture traffic p~tions will include t"~ fol1~ scenarios:
o Existing Conditions
• Year 1995 -No ~roject· Conditions
o Year ;'995 ·With Projett· Conditions for the !I1aj.or alternatives defined in
Tas\ 1 and below:
1. me Two-lane Alternative -A two-hne road along existing Sind Hill
and ill twtl-lane extens;an from Arboretum to E1 Camino Real. This
alter-native will be anal,Yled in conjunction with options A, a and C
at the intersection with [1 Camine Real and Alma.
2. Tne Three-lane A7ternative -A two-lane extension fr~m Arboretum to
El Camino Real with tne widening of Sand Hill Road to three lanes
frol!l Arboretum to Sanh Cruz~ As with Alternative 1, tnis
alternative will be analyzed in (onjunctIon with Opt~ons AI B, and c.
3. The Four-lane Alternative -The -four-lane extensicn of Sand Hill
from Arb<retum to El Camino Real with Sand Hill Road widened to four
lanes from Arboretum to Santi Cruz. This alternative will also be
evaluated with Options A, Band C.
4. The Quarry Road/ArboretumVSan1 Hill Road Alternative, with existing
Sand Hill Road w'dened to three lanes fro~ Arboretum to S~nta Cruz.
s. The PalmVG.lvezjArboretUli/Sand Hill Road Alternative, with existing
Sand Hill Road widened ,to three lines frOll ArboretW2 to Santa Cruz.
6_ The Transportation Demand Management A'tern~t;ve -Major lncreases
lD programs for transportation demand management (TOM) and public
transit in the project area. TIIis ilterr'liillti'Ye will define the
amount ofTDH l"d trans~t ridership that wDuld be requtred to reduce
the demand for roadway fmprovements in order to meet the goals and
objectives of the project.
1. the ~fne -wnat if-qYestions defined in Subtask 1.3
o Year 2005 -No Project-Conditions
• Tear l005 "Vith Project" Conditions for only tnose three project
alternatives and four .lternatlves to the project defined in Subtask 1.3.
Travel lIOdel results will include p.IP .• peak hOlJr forecasts of turning IIOVtae!1ts,
evaluation of Intersectlc, yo'_/capaclty ratios and levels of serY;ce, daily
traffic vol ... impacts at selected locations. All alternatives will reflect the
existing level of TDH .ttalned andior probable due to current progr ..... binding
agreements and .itigat1on .anitGr~ng programs.
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Travel forec.ast al'ld Oct ana1ys('$ will be conduct eO eat" of the project
alternatives and the alternatives to the project and ~tions At Band C.
Sybtask 2.3: 1995 Traffi( Impact AniTysiJ. Traffic impacts will be identified
for the sh: alternatives enumerated above. the three optfons and the stod,)'
("w~.t if") questions listed in T.s~ I. T~e analysis of 1995 conditions wftil and
wit~out tn. project will be detail,d a. f.llows:
2.3,: M'ajor Intersection and Roadway lrapach. Traffic impacts will be
identi fled by comparison of pedk hour "'91umes and interse..:tion level s of service
at a11 major intersections in the project vicinity and at sel~cted locations
with1f'! the overa1l study area. [n addftion to the capacity and service level
comparisons t an evaluation of travel tilDE! savings would be performed ":.1
estimatfng accrued int'2rsection del.1Y and mi-dblock average running speeds w-:tn
future peak hour traffic levels. Average daily traffic (ADT) volume forecasts
will be used to further identify illlpacts both to major arterh1, and to
neignborhood streets. These comparisons will be ba~ed upon evaluation of each
altenlativi', given projected demand 'under a single 1995 land use scenario.
2.3b: Neighborhood Traffic Impacts. [stim,te, of daily and peak hour traffic
dfversion will be llsed to assess potential impacts to adjacent residential
neighborhoods adjacent to the project 1 iraits. 'nanges in traffic vlJTume near
!ensitive receptors, such as parks t schools, senior hOllsing etc., is wen as
overall street trifff( change, will be used to evaluate t.~i! significanc!!" of these
IIIIp,cts.
2.3<: ~itigation of Impacts. Mitigation measur •• both .nthi. and outside the
project limits will be ~dentifjed and eval\Jated, where feasible, to ;ainimize
project-generated' impacts. The most appropriite pr-oject alternative(s) and
yolU11e forecast will be used to evaluate .itiiation _asures. Additiol'lal
lIitigation .eisures or circ'dlation IlOdifications desfgned to lill1t impacts to
residential str6ets iD the project vlcility will be considered is necessary.
These .lt1g,tlo. Has.res will be ident; fied from ""eUngs with neighborhood
groups and I. consultation with the respect;Ye city staff and will be tested in
the IIOde1.
l.3d: (u,,"liti_e [lIPacts. Year 2005 conditio", with and without the t~ree
project alternath .. and four alternatives to the project wl1l be identified.
[Illpacts will be identified by comparison of pOik hour traffic volumes and
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intersection le~els o~r~ice at major int~rsectio~s i~e project area and at
seTected' locations within the overal1 study area. Average daily triffic
forecasts will be provided for Major arterials.
Pryducts
The products of this ta,k would include the folloWing:
& Tabulited peak. period and daily traffic counts, witf'! a sUI'IlTIary of peak and
daily traffic .. "ohmles in tne study arei.
D Future traffic projections, in,1uding dail) and peik hour traffic volumes
on k~y roadw~ segments ind turning DO~~nts at important intersections
In the study .r ••.
II Tnfffc lmpac.t analysis. with traffic projections for ea,fl of the
alternatiVes, described in te!""ms of peak period intersection level of
service, estimated change in travel time on key links, change iD traffic
yoluaes, synopsis of triffic dhersion, and other information necess,ary
for t~e EIR.
e-Mitigation measures identified and fva1uated for effectivertess in reducing
traffic impacts within the project limits and the overall project
vicinity.
CII Cumulative impact analysis for the 2005 time fratoe, described in terms of
traffic volumes and level of seryice.
TASK 3: SPECIAL STUDIES
Qbjec;tf¥.tl
The objective of thfs task is to provide the City wit", separ.i.te technical studies
th:at could be important in understanding. the project aiternattves. and iD
,electing a preferred alternative.
l!ethodoloqy
T~E! cDnsultant tellll would prepare four sepante technical studies. These
tei:hn1cal studies would focLis on particular issues or geograpftic areas, and would
fnclude sped fie discussion of those ~s:sue5 that could represent physical or
f1nancial desfgn constraints or opportunities as they relite to the a1ignment
alternatives. This task would Involve tne following ,ubtasts:
Subtask 3.t~ C~lturil Resources Study. As archaeological resa~rces hive been
found fIR the project arel. special atte-ntion Ilust be giien to potential
archaeological impacts of the P""joct.
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!t!e fol1altifng work. o.s will be complOSited by the c{l0tant team:
.. C:xistlng archaeological arddval research far the project altern.tives
w~11 be reviewed and. if r.ecessary, supplemEnted. The Quarry Road and the
Gal~el Road ATttrnatives .ay requfre field reconnaissance of areas to be
zffected. In add~tionl any project eTem~nts found not to be covered 1n
t~e prevfous studies wiT) ~aye to he subjected to field survey.
• Coordinate ... it;, lOCil individuals and agenc.ies with archaeological
fnterests, 1~1iJdin9 the Stanford UniYersity archaeol09ist~ in order to
locate new, ~npubllshed data.
II Hew datil ~m local arc.haeology froll Stanford University (di sc·overed since
t~e earlier studies) will be i.t"9r,ted.
e On the bash of both Existing and newly generat2-d data, we will prepare an
analysis of pot~ntlil impacts on archaeological resources attributable to
each of the lTternattv~s to be evaluated fn the [IR.
Sybtasi 3.': Arbor Resources Study. Groves of trees currentl), exist iJ'l the
vicinity of £1 Camino Real a.nd a.t other locations w1thln the project area.
Impacts to these trees brougM about by each project a lternati'll! wi 11 be
'dentiffed. During previous studies within the area, the biological resources
of the San Francisq\Jito Creek and fts riparian areas were evaluated and? more
specifically. all previou.l] existing trees al.ng t~e Sand Hill Road were
identified. Additionally, since the ca.pletion of the previous ~tudies there may
h.ve been c~anges to local tre~ protection policies or regulations which must be
c.onsidered.
The following work items will be completed:
o The consultant team ~ll review previous tree studies conducted i~ the
Sind Hill Road project area. I~ conjunction with the CitYJ an irei of
potential project effect for trees will be defined. The City will make
available I tree inventory detailing all trees along the corridor and
defining trees t~at 1.11 need remova'~ Tne co~it;on, age, diameter a~d
species of the trees will be •• sessed i. this inventory.
• A tree planting program (part of t~. pnlject) to be provided by t~. City
will be reviewd for con'i,tency with policies and progralll$ rel.ted to
vegetation f. t~e yicinfty of San Fr,nelsquito Cree.. All rel.vint
el_nto of t~e Cfty of P.lo Alto Gompreho"lve Pl,n. the Menlo Park
Seneral Phn, the Sanh Clan County Seneral Plan. and the San Mateo
Cour.ty General Plan, as well as heritage tree or other tree protectiDn
ordf~antes of th!se local jurisdictions, will be considered.
• All tree'S that are considered biol09icl11y illportant or important relative
t. local jurisdictional regulations (f.e., all heritage trees) will be
identified and .apped. Any tree, t~.t would ~ave to be remoYed with the
Implementation of a partie.lar .lternatlye rout. alignment will be
Identified and listed by alter.ative.
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Subtuk J_l; San f~1$.QUHO Creek Crouing Study 9 The crossing of San
francisquito Creet witn new bridge structtires wi11 be incl~ded as a part of some
project a1ternilt1yes~ Bot~ the three· and faur-1ane alternatives involve
additional creek crossings: A smaller pEdestrian-bicycle structure wou1d be
requinld with the three-l ane a.1ternativl!' and a larger automobile--compatib1e
structure would be requind with tne four-lane alternative. It. creek crossing of
this type raises several lssues, including impacts on arcnaeological resources.
biological resources, contamination from construction and disturba~ce af soils
with eros~on potential. Tne ripar1al!:! habitat Qf th:e creek will require
additjona1 study t~ respond to the c~ncer! raised in the seeping process.
The following work items will be completed:
The consultant team will map the area of fmpact in the San Francisquito
Creek riparian area assQr.iat~ with each alternative in order to ide~tify
the potential disturbance zone and the species and habitat to be affected.
o FroID Subtasks 3_1 and 3.2 describ2d above) the consultant team will
identify any potef"!tial arc.haeDlogica1 ri?$ources and trees that could
potentially be disturb<d under the ,lte"",tive bridge designs.
• The consulta~t team will review previous studies of tne bridge area and
will supplement those earlier studies with a comprehensive study of the
biological resources present in tne area of impact. illcluding flOora and
fauna. The presence of any endangered. threatened, rare or ~t~er species
of concern will be identified and mapped_ The potentiai for di$turbance
ef the habitat of su~h sensitive species will be eyaluated. Hew studies
are necessary fn order to conf!rm anI ~anqes in the biological character
of tile site. and also to confira the presen<:e of specfes tnat r,ay nClt have
been consldered sensftive at the time of those earlier.~tudies~
•
T~e Army Corps of Engineers will be contacted to define ilny wetla'lds
issues or pentit requirements. Jf any ~f the alternatives or options will
affect the cr&ek at E1 Camino Real. a study si~ililr to that listed above
will be done in the are. of that creek bed.
The consultant team will describe ind evaluate the soils conditions ;;; the
Vicinity of tf'le San Francisq"u:ita Creek bridge. wit,.. an eye toward
potential eros10D control issues to be rafsed with bridge construction.
PreU.lnary bridge designs will be onalyzed, and potent hI erosion
probleos and s~lutions identified.
Subtast 3.4: Stanford University Golf Course ImRa~t Study, The alignment of a
widened Sand Hill P.oad wiil affect the Stanford Golf Course ,"d require
modification of the current conflguration adjacent to the project area~ Design
plans provided by the r.i t1 wi 11 be ev,luated. The rlght-of·way necessary and the
potential chanq.s t. the golf course design will be analyzed. Starting wit. the
existing work, the following work Items will be compl.ted:
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• The consulti~team will be provided with<::h overlay of current
Ilternit~ve roadway conf~guratfons onto the ex1sti~g golf course layout is
we1l as proposed aodifications tc tht CQurse, wit" a~ identificatior. of
potential conflicts and inc~atibilities for their ~yaluatlon for
enYironmental impacts.
• Arly potenthl disturbance of arthaeologkal r!SOUrces withtn tfle gol f
course area. will be identified. (Thh analysis will be I: subset of
Subhsk 3. I. )
a Bued em put bfQlogicil slirve.)l' 'IIork t the potentially affec.ted areas of
the golf coyrse will be resurveyed ind potential impacts on veget~t;o~ or
w11dlife species or ~abitat ~;11 be identified.
Products
The products of this task would include technical meznoranda entitled is fDl'ows~
·Cultural Resources Study for the Sand Hill Road Project-
o -Arbor Resources Study for the Sand H,11 Road Proj!ct·
o ·Potentlal Effects of Disturbance Around San Francisquito Cre~~Sand Hill
Road Bridge-
o ·Potential Effects Frora Sa.nd Hill Road Project on Stanford Unfversity Golf
COIJrse-
TASK 4: PREPARATlOH Of TH£ ADMINISTRATIVE DRAFT ErR
Oblective
The objective of th's task is to prepare an accunte, thorough t comprehensive and
edited Adai.istrative Drift fIR, complete wit~ background documents.
"'thodo I QQY
Th& consultant teaJI will prepar! the Adminhtrative Draft EIR 111 accordance with
CEQA and City of Palo Alto r,,!)ulations and guidelines. [ach section of the
report will include .11 sections required by CEQA. An equal evaluation of the
three project alternatives and the four altarnatlves to the project (as defined
i. Subtask 1.3) and the three major options .ill also be included In tha EIR
doc_.ts. The project study question, (i.e., tha "What If" questions) win .lso
be evalooted and dIscussed In the fiR, although not In as much depth or detail
as tha project alternotivas or options.
Tha l"'Pacts of the project alternat lYe' wi th the cumul.t i ve projects will be
clearl, dlfferentiotad fro. the impacts of cumulltlve lev." of development
wlthi. the project are.. The nusber of deveiopments to b. t ••• n into account io
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thli! cUllUhtive anl1Y~ill be deternined il! cor;jlmO with the City (see
Subtuk 1.3).
Nit1gatton ~Isures that are prop~sed by the project applicant will be
differentiated Fr"" ~Hlgat1on ..... ur •• reconmende<! by the preporers of the E1R.
Econoeic, 50(fl' and other considerations, as the~ relate to the feasibility of
.itfgitfan Rasures. ,,111 be identff1~. The cumulative impacts will be
categorized IS to their degree of severity i~ individual sections of the ~IR,
cross-referenced ~here requ1red between sections, and summariz~d in the Summary
section of the document.
Tbe following describes tne topical ev~luation of environmental impacts to be
include<! 1. the Administrat!ve Oraft fIR:
Subtask 4.1: Traffic and Circulation. Based on work comp1eted iD Tasks 1 and
2J tf\e consultant team will prepare in £IR Setting se-dion describing the
existing transportation system in the Sand Hill RiJad project arei in te-rms of the
f~llowing co.po~ents~
II Roadway Network --Existing daily and peak hour ccnditions, predom~nant
trave1 patterns, functfona' ~ierarc~y, flow variation and accidents.
Public Transit Routes and Service --Ridership levels, major destinations.
o Bikew~ Network.
Pedestrian Network.
II Re~atfonship to Regional Transportilt~on facilities --Role of Sand Hill
Road in local and regional travel.
As described fn Task 2, impact ana1yses will be prepar~ t~at evaluates each
project alternati~e (as defined 1D Subtask 1.3). and includes an eYiluati~n of
t"ffk Impacts within the Sand Hill RD,d project area and other Important
cnnnectlng roadways adjacent to the project ...... as ... 11 as the residential
neighborhoods peripheral to Sand Hill Road In "-nl. P.rk. and Palo Alto •• nd at
St.nford university. These anaiyse. ~Ill be 10 the 1995 .nd 2005 tl .. frames as
discussed In TiSk 2.
~itlgatlon .... sures ~11l be developed as part of Tut Z for .11 Identl fled
"gnif;cant llIp.ets. Suc~ lIalgat!on .... ures .. y include trofflc Signal
install at f on or elilninat 1 on; 1 Dtersect ion and' 1'Cid'way i~rQve.ents; roadway
Signing and striping IIOdlflcatlons; .lteritlo.,. to the existing or planned
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pedestrian lAd b1(y(~r09r~Si and ~esj9n f!atures ~mproye public tTar.sit
aCCRSS in the project arel.
Subtilk '.2; land UtC. The cons~'tint te~ will prepare a setting s~ctlon that
eshblishes tM hind t,ise (ontut for the proje-c:t by surveying, mapping. and
descr1btng. f~ text, land use typeSt intensities, ind patterns along Sand Hill
~oad and in thr i-.ediatr WiCl~~t1 of the project area.
Based on work c~l~ted I. Yosk I, the EIR will establish the context for the
land use proj •• ded for 1995 .nd the ", ... lot;v. land use changes in the future
(2005) by identifying (10 t.""lor (0 .. ) all projects that .re appropriately
addrEssed 1ft the analysis of future (~l.t;ve impacts. (See Task 1.2).
The fIR will provide I rev:ew of all appropriate planning documents that provide
g~idance for deyelo~nt !ft t~e S~nd Hi'l R~ad project area~ including, but nat
lImlted to the Citl of 'al. Alto Coepr~hensiv. Plin, the Stanford tand Use P1an,
the Henle Park General Plan, the Santa Clara County General Plan, and the San
~ateo County Generil fla~. The i~prDpriate planning policies relative to the
alternitives will be described.
T~ consultant tea. w1l1 descrlbe potential la~ ~5e impacts related to changes
tD t~e type, intenSity Dr patterR af lind ~ses along Sand Hill Road due to the
projed and other clJIKilatiye prCljects within the frmlediate vicini ty of the
projec.t ireii.
The character; st ie. of the project wculd be coepared and eval uated for
confD~nce with the objectives, policies and progr~s cf the related planning
docUlllEnt. descr;bed i. Subtask 3 above. In eacR case, the document wi 11
a~c.erh5a whether the project is in cDnformance with the .,ariety of plan policies
reTated to the .lternatives.
[f significant environmental effects are di$j;overed', t~e consultant team will
deyolop .. a"f~f.l mitlgatlon measures to dlmi.lsh said effects.
Subt'l'si 4.3: Moise And Vlbration. T~e consultant team noise analysts will
prepare I nOise and vibration settfng secttol! describing the acoustic environment
o( the project area, ,ncluding Sand Hill Road, i. r •• identlol area. wit~l. and
adjacent to the proJect are. (In Menlo Park ind ,,1. Alto, and on the Stanford
University ciUlpus)~ and would identify any sensjUv£ receptors.
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Twenty-four-hour nOi~a$Urement5 will be conducted(3) three locations a.~
suppleaented by short-tern measurements. The C1ty hiS identified the
~~ter$eetfon of Sand Hill Road and Santa Cruz and the resfdential neighborhood
across the creek froa t""e shopptng center is two of the locatkms. The
~onsultant team w711 select Qt~er locations and submit the list to the City for
its review. These dat& will allow description of the exfst1ng noise environment
in terms of the 24-hour average day/night noise ~evel, or tdn, is required by t~e
Noise Elements of the City of Menlo Park Gerleral Plan ilnd City of Palo AHo
COI8prellenstve Plan. Vibriltion readings wnl be taken, and the potenthl for
vibratfo~al effects will be discussed~
Tfole noise setting description wi 11 include 1",forllatfon on sensitivE noise
receptors iD the y~ci"lty of the project that could be affected by no; se
ge~erated by the project. This iDfo~atjon will be presented iR text and mapped
for grap~ic presentation.
Tfte consultant teU! will detail the City Df Palo Alto's Noise Ordinance and
adopted NQise/land Use Compatibility Standards 1ncluded i~ the Comprehensi~e
Plar., 1~ addition to those of other jurisdictions ~itni~ the project area and
other regulatory agencies, such as Cal trans.
The noise impact analysis presented in the EIR will assess the potential new
noise generation created throug~ development of the alternatives, both
.construct i on -generated and veh i cul ar-rel ated no; se sources. Part; (biT ar ~!tent i on
will be paid to noise-sensitive receptors. existfng and planned. and long-term
r,oise levels due to trafffc and the cum~lative development within the project
YiciDity~
The noise an.lysis will take into account tne short tera 1995 project generated
noise and the year ZOOS cWlYl.ti.e .ffects.
Future' noise level. for the No Project alternative, as well as for the other
alternitives t .il1 be calculated using i traffic noise prediction model approved
by the U.S. Department of Transportation, Fe&er.l Highway Administration. The
results will be displayed in tbe form of noise'contauTS~ NOlse level increases
indlor decreases on streets experiencing a1t&red traffic volumes is i result of
the project will be calcul.ttd .nd the potenti.l for adverse camounity response
eval.ated. The Impact section will a150 .dd .... ss the potenti.l far short-term
construction noise impacts.
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The consultant team ~ identify all no;se-ittenu~tl~~a~UTes that could be
unde~aken to mitigate both s~ort-and long-term nofse impacts of si9nificance.
Sybh.sk 4.4: Air Quality. The consultant team .. ill prepare the afr quality
in~l~sis for t~e EJA. The analysis will be based on esti~ates of areawide s~g
precursors (Reactive Orga"ic Gases [ROC} and O)ides Df Nitrogen [NO.1) emissions
us;nq estimates of incrused vehicle miles tn.ve1ed lVMTJ frcm the traffic
~nal'ysis. &issfon factors will be obtained from t!'l! EKFAC-7PC cc:>mputer program.
n,.e EIR Setting section will include iI des(ription of the c1 imate and meteorology
of the ~rDject area in terms of the Bay Area air basin, historical air quality
dat.a, and the current efforts to attain arid mairttain State and federal .ir
quality standards.
The tIR will identify all sensitive receptors for iir pollutants l~ tne vicinity
of t~e project.
The ,IR will provide a discussion of the relative effects on regronal and.loca1
air qyality of tne a1ternatives~
The consultant team will perform micro-scale modeling of Carbon Monoxide" (CO)
levels near all i~tersections pinpointed 3S having the greatest pot!ntial for CO
problems using t~e CAllN£4 <omputer model. This ~ill include calculation of CO
levels at all sensitive receptors withiD the project area. The modeling will be
performed for each of the alternatives. The node ling effort wi 11 reflect not
only the traffic volumes associated with !ac~ alternative, but also the levels
of congestion, whic~ also partially detennine CO generation. The analyses will
address tne short toro (1995) .nd long t.no (2~05) time frames.
The EIR will qualitatively describe the likell levels of CO at intersections not
aoaeled, .nd estimate CO levels at ,II identified sensitive receptors.
The EIR will cCllpare predicted CO concentrations ~ith State .nd federal
.tandards.
The EIR will include an analysiS of region.l changes in smog precursor (ROG and
NO.) _Iss;on$ due to adoption of ead!. alternative (O!'" future years bas.ed on
r09lonl1 tro.el and speed data provided by the transportation analysis. The
URSE1US-2 c"",,,uter program will be employed, and emission factors wi 11 be derived
fl'Oll the El\FAC-7Pl: co"",uter progr ...
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The ErR will deve1oo.ogether with the transportitO a",alYiis t mitigation'
Beasures for ifr quality impacts, including those set fort~ by the Bay Area Air
Quality "an~gement District. The effectiven&ss of .1ternatives ~n reducing air
e.issions w11l .lso be determined.
$ubtask 4.5; Cultyral Resources. The w~rk completed f~r Task 3.1 .ill be used
as the b.sis for the Cultural Resources chapter of the ADfIR. 10 the Setting
section, ~11 known existing cuTtu~'l resources tnat could be affected by the
p~ject ill ternat hes .. ill be documented.
The potential for finding new cultural resources during earth-mcving phases of
the project alternatives will be determined and described.
aased on the re,ults of the Cultural Resources Study, the fIR will recommend
.itigition measures, whic~ could range from limited ~onitoring by a qualified
archaeologist during earth-mQving i'lIcthities to prs<:onstruction testing fo!'"
archaeo 1 ogiea 1 resources and the development of in archaeo 109 i ca 1 resources
preservation proqram, simil ar to those pro-grarns that currently exist el sewnere
in t~e Sand Hill Road project area.
Subtask .4.5; Soils and U~olQgy_ The cDn.s~1tant teal! will rev Sew all previous
environmental studies to describe existing soils conditions'on the project ~ite.
Site soils will be described in terms of their implications for construction and
englneer!~ of the project.
Based an previously prepared geotechnical dudies h the project area, the
consultant teill 111111 descri be the groundwater condit fans on site ~ pa.:;i og spec i a 1
attentIon to the ~ei9ht of the groundwater table.
The g.o'ovlcal characteristics of the project area will be IdentHied and
describe<!_ The E1R will pN!sent any objective" poliCies or programs of the City
of P.lo Alt. Coaprehenslve Plan, or other loc.' planning documents, that rel.t.
to construction i~ seiSMically unstable areas.
The EI.R will include il d:escript~on of potenti .. l impacts of the project in
rll;t1on to soils and substr.te cond1t'o"s~ The In .. lysis w111 focus on such
huards as soil shb!1tty ind selsalca]]y induced ground,haking that could affect
the project I~royements. The potenttal project Impacts will be compared to the
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Sybtuk 4.8; 'lr'egetQn and Wild1 He. On the basis 001og;Co11 "ark c.ompleted
io Tasks 3.2. 3.3 and 3.4. thi consultant teaM~S biol09fc~l staff will document
the ~umber, species, and distributlDn ~f animal and plant species t~at cauld be
effected by the IlternatiYes. The evaluation will provide infDrmation on the
size. age, .and overall condition of trees. All trees on the potential
alternative roadway alignments will be ~a~ped.
The EIR will provide ~ description of the roTe of on-site vegetation as ~abitat
for Tocal or transfE-nt wildlife with special attention paid to posslble sites of
nesting birds. Special emphasis will be ~irected at tne San franc1squito Creek
riparian habitat areas both during construction and during operational phases of
the projEct.
The consyltant tea. will provide a reyiew and description Qf efforts included in
Shnford's Vegetation JIIanagement Plan to Ilaintain and enhance vegetati-on ar:.d
wildlife habitats on Stanford University lands, as well as local pol ieies and
program. from the City of Pale Alto and Menl. Park.
Based on an eval~at1on of preliminary alternative designs~ the fIR will assess
and describe the potential impa..:ts of the prGj!ct and as alternatives on the on
site vegetation and wildlffe habitat. These impacts ~ill be compared to policies
contained in the Palo Alto Comprehensive Phn. the Menlo Park G~mera1 ,p] an, and
the Stanford University Vegetation Management Plan.
Tbe EIR wili describe f€asible mitigation lDeiSure-s for disturbanc.e or el imination
of sensitive habitats and tree remaYil.
Subtask i.9: Growth Inducement. The fIR will document existing planned leyels
of growth. in the project area and areas adjac.ent t3 the project. The time frames
to be analyzed are 1995 for projeot completion and 2005 for the growth rel.ted
to the project and cumulative projects.
Bued on each &1te"Mlatfve, the c.onsultant team will aSSf:!SS the potenthl for
stll111htion of additional growt; In and around the projeot area. Tbis will
include an assess .. r.t of potential future deyelopment that might be conSidered
to be dependent on fncreased capacity in the Sand Hill Road projEct area,
The potenth! effect. of such induced growth will be eViluated. The i"Pacts
as.soch.ted wi th housing supply, schools and publi c serv ices and wt il iH es (lIfa~er,
wastewater. solid waste, police and fire services) will be discussed.
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The consultant teaJI.lf/j describe-feasiblt IIftigatfon Oures for restrict1n-g
any potent'al gfowth-inducfng impacts of the project alternatives.
$ubtask 4.10: Cqm.ynity Services. This ~ection of the E1R will foc~s on thos~
eoamunity serv!co. th.t could be affected by Incre.,~ capacity .10ng Sand Hill
Road {Fr~miriTy polite and f1~e ~rotection services). The consultant team ~l]
describe the existing conditions as they relate to the provlsion of police and
fire services in th~ project area: i~ludin9 location of statio~s and response
t1ees. Additior.al IreiS of concern will be road ma~"te"anCe, effects t~ tne
storm drainilge system, traffic signals, litte-r contrnl iilnd street 1 ights.
Coomunity services will also be assessed In the short term (1995) and long term
(ZOOS) for impacts.
The assessment of impacts Or! pol ice and fire ser'fit!s will be based Oil increased
ar decreased response time to sites accessed through the Sand Hill Road project
&rea.
Where necessary, .itigation measures wi] 1 be presented that will address impacts
on the provision of police and fire services.
Subtask 4.11: Aesthetics and Visual Quality .. The c.onsultant teilll '111111 describe
the visual conditions in the project area and w~l1 graphically represent
important Visual features and views. Existing conditions will be documented with
photographs.
The Eli will evaluate the aesthetic: impacts (If the alternatives. Tr.-is evaluation
-.111 take the fOnl of the following:
• It te.tual d.scrlption of the Yisual/aesthetlc relations~i9 of tne
alttrnatives to neighboring structures lnd space surroundfng the roadway
ili~nments. Of particular concer. will be effects on existing stands of
trees, the golf course, San Francisquito Creek and the residential arei
aloog Cr.ek.lde Drlye.
• Evaluation of conformance with design·related plans and guide! ines of the
P.lo Alto Compro~e".ivo Plan, the Menlo Park General Plan and t~e Stanford
unIversIty Land Us. Plan.
As described aboye, the ~ons.lt."t te .. -.ill Identify all tr •• s on the site and
-.111 evaluate any plans for tree removal and planting.
• -'J .
The conslJ1tant teal! ~ fder.tify potent1~1 ~asures at could be implemente-d
tD .1tfgate any identified significant wisual quality impacts.
Subtask 4.12: Cumuhtive Effe-ct5~ Although the cumulative aspects of each issue
arU. 'Will be discussed wft"fn eadt s.edioc dedicated to that fsslJ:l!', t~e
(I}nsultal1t teilll will pre-pue iii: chapter sunmarizing the potenthl cumuht;ve
effects of the project. In the Setting section, the cumulative context for the
roadway fmprovements will be summarized, including anticipated growt~ in Palo
Alto, Menla Pi"'k~ Stanford University, ar.d other surrounding jurisdictions.
The impact analysis wilt SUlTl'l'lirize the findings of the cumulative ana1yses of
traffiC, air quality, noise, hydrology/water quaTity, land u~e, and cOlMJunity
services 1mpact5.
A summary of potentia' measures thit CQuld mitigate cumulative imDacts of the
proj~ct will be included.
Sub-task 4.13-: Evaluation of AlternativE's. Tbe alternatives to the project will
be analyzed and t~en compared i~~ contrasted to the project alternative~. The
,ltern.tives will be compared as to t~e short teno [1995) and long term (2005)
i~acts in those areas such as traffic where the effects will differ. Those
alternatives analyzed and found not to Met the goals and objectives of the
project will be ir,cluded ia this chapter. The reasons for the rejection of these
alternatives were rejected will Ilso be discussed.
S!JbUsk '.J'! StatutorY Sections. CE"QA requires a number af sedic-ns or
discussions ia the fIR. Tb~se tnclude a table of contents or index, a summary
of the entire document (in text and tabular foro). dIscussions of the intended
uses of the EIR. the areas of co~tToversy and the 1ssues to be resolved and i
sectfon on the unavoidable adverse iapacts of t~e pr~ject. Additional sections
will discuss the effects found not to be signific.ant and list the p!rsoP'!S,
organfzutions and references consu'ted~
Sutlhsk ".lS; production of Administrative Dnft. Graphics will be prepared t<J
illustrate those &spects of the environmental study that ar~ best presented 1A
graphic form. All of the text discu.sions from Subt.sks 4.1 through 4.14 will
be co.piled io • single dOCUMent for .enlor in·~o"s. review. Revisions will be
.. de .s necessary. The entire document will be edited.
22
..
PrOOucts o
T'irt, copie, of tne Admioistr.tlv. Or.ft EIR will be delivered to the City of
Pilo Alto.
TASK 5: PREPARATION OF THE DRAFT EIR
Qb1Kttvg
The object he of this task is to prepare a.n acturati!. thorougfl, and complete
Dr.ft fiR.
MetnOOolooy
After City ,t.ff has reviewed the Ad~I"I$tr.tlve Oraft fIR, the con,ultant team
will Incorporate the revisions ioto t~e document and prepare the Draft ErR for
public distributian~
The consultant team a~tic1pates that there ~il1 be a single ruund of revfew and
that they ~il1 receive a single review document from the (it} containing all
requested revisions to the AOEIR after the City Staff has reviewed and
coordinated all review c.onments. rt is ant1cipatl!'d that up to two meetings with
Cit1 staff may be re(,j.uired to resolve issues raised curing the review of the
!")EIR.
Products
Tbree hundred copies of the Oraft fIR will be provided to the City of Palo Alto
for distribution.
TASK 6: PREPARATION OF THf FINAL EIR
Ph jes;t; v.!
The objective of this task is to prepare an accurate, thorougn 1 and cQmpl~te
docuaent containing written responses to all c~nts recefved during t~e putiic
review period and to create a .ltivation .,nitor!ng matr;x.
tletho<!olooy
Vritt •• response, to the c.-nts on tile Draft ~IR receiVed at the pub11c
bearing(s) and letters of c .... nt received during the public revie~ period ~;ll
be prepared. These cOIIPIents and responses. will be prepared irll a separate
Zl
t.:1lt. t:"'I
document and revie1:l by the CHy. A mitigation ~iitar-ing matrf:c '111111 b~
prepared as an appendix to the Fln.1 ErR; it will detall th. mitigation me .. ur_s
for sfgnificant advers.e effects t the responsible implementation agency, the
monitcrin9 phase, t~e enforcement agency. and tne .anitor1ng agency.
The consultant t.~ will send the Administrative Fin.l ErR (AFEiR) to the City
for re-v1ew.
After (fty staff have re~iewed th~ AFEfR, the cgnsuTtant team will incDrporate
revisions into the document and publ!sh the Final EIR fer ~s~ by the public and
decision makers. As with the Draft [JR, the consultant team anticipates receipt
of"1 single document from the city contiicing all reqlJested revisions to the
.A.FEHL The consultant teaa wi'll reet with CHy staff t f necessary to
expeditiously resolve iss~es raised in the review process.
Products
Tbirt,1 copies of the Administrati'l! Final HR -will be printed by the consultant
team and submitted to the City of P.l0 Alto for review.
Two hundred copies of the Final fIR will be prioted by th_ consultant and
submitted to the City for circulation.
TASK 1: ATTEND MEETINGS
Ob1ectIVe
The objective of this task is to ensure coord;nati~n witn the City of Palo Alto,
the eny of M"enlo Park and Stanford' University, and local cOlYlTlunit,)' groups
throughout the fiR process.
MitMdolP9Y
I. order to address the need for I large "~r of public meetIngs during and
Ifter the trlffic .nalysis and tnroughout the EIR process, the following public
.. etlngs with preparation tjme ha.e bee, bodg.ted:
AgencY
Technlcol Staff
Pile Alto City Council
Pilo Alto Planning C ....
Menlo P.rk City Council
24
Meetings
6 Twa-hour meetings
Z Four·hour meetings
Z Four·hour ..etings
Z Four-hgur meetings
o Menlo P.r~ Planning Coom.
~nl0 Park Trinsportation
Neighborhood Groups
P,10 Alto Sicycle Advisory Camm.
Public Hearings
lIna5sfgne-d
2 Fou~ur meetings
] rour-hou~ meeting
6 Three-hour meetings
1 Two-~~ur Me~ting
3 Four-hour meetings
5 Four-hour meetings
Th:e six listed meet~ngs with ne,ghborhood groups wiil occur at two se-parate tilfl€s
dyring t~e study process. One set of three neetings ~ill be beld early in the
stud,)' during tfle traffic analysis port;o~ tit the end of the third month) so that
the descriptfon of the ill ternatives and tn~ 'prel1.fnary findings of the traffic
a1'!alysf.s may be discussed. The consuHant team "ill prepare the presentat ion and
the n.ecesSilry illustrations arid graphiCS, including a design for a notice (lr
flyer~ The Cit,)' will arrange for the meeting rooms, provide tne proper
notifications to the public and attend the presentations. The second set of
t~ree ~etfngs ~ll bE held approximately six mont~s fr.to the study. The main
tcpic it these meetings will be the effects of the project Ilt!rnatives ," the"
ne1:ghbor"hood'S and the mitigation measu.res being proposed. As '..-;th the first
round of meetings, the consultant team will prepare the presentatior. and the
necessary illustrations and graphiCS, includi~9 a desfgn for a notice or flyer~
me City will arrange for the aseeting rooms I provide the proper notifications to
the public and attend the presentations.
Products
T~e consultant tea. will produce ha~douts for the public hearings and community
eeetings and minutes from each meeting.
TASK 8: PROJECT MAHA&E .. ENT
Qb:5ettjve
the objective of this task is to ensure coordination of the erR process and
provide strong project JRartagement to ensure a c.omprehensive, legally adequate and
on-schedule [IR.
!!tthodology
The goal of the project management will be to antiCipate the is,u.s that ,eed to
be resolved, c~nfcat~ wit~ all appropriate parti!s, and follow through to see
that the rIght things a"e don. by the right people on time.
25
A Critical Pat~ Keth~(CPHJ type tool will be "sed t~d.ntlfl tn detail wnat
tisks .ott be Icc~lis~ed and in ~hat sequence, so that t~e schedule can be
.. iotatnEd.
The project .anager along with members of the consultant te~ tec~nicil staff,
as Ipproprfite~ ~111 meet with t~e City an a reguTar basis to ensure efficient
management and coordfnationw1th the various age~cles. Thesa management aeetings
w1l1 be I. addition to the technical staff ... tings listed abo.e. On a •• r.g ••
the meetfngs are expected to occur biweekly over the course of the £IR process;
however. ~etfn9$ Eay occ~r as often as twice a we~k 1n the early stages of the
study.
Products
The cDnsaltant team will produce meeting nDtes from each management meeting.
identifying action items, responsibilitie~ a~ co~let;on dates. Whenever the
schedule is revised, copies will be distributed to the City and the consultant
t~am.
26
•
. "-", ';..
$ <) EXRISn I
SAND HILL ROAD l!IR BUDGET
Areheo-Total Subtotal Total
-Ia.!< ~ ~ Tee VR ~ l.abo< f:!2eru;es Cost Cost
Task 1
1.1 ~Q 30 $ 3,700 $ 3,:00
1.2 3. la 5,080 S,OB!}
1.3 16 20 ),180 3,180
1.4 32 8 3,119 500 3,610
1.$ 4 n 6,320 6,320
&!>totsl 108 15. e 0 0 21,.390 500 S 21,890
Task ,
2.1 0 144 8,300 800 9,100
LZ 4 In 23,060 Z, ZOO 25,260
L\ 4 220 11,760 l,OOQ 18,760
SUbtotBl 8 584 0 0 a 49,120 4,00-0 53 J 120
Task 3
1.1 I 14. 6,SOO 600 6,!HI0
3.2 40 2,600 2,StlG
3.3 120 1,800 1,800
3.4 44 2,860 2J 860
&!>totBl 204 , 146 a 0 19,560 600 20,160
Task 4
4.1 C 64 4,960 4,960
4.1 28 2,520 2,520
"'-3 ( 96 8,280 8,280
"'-4 . 88 16 6,828 6,820
4.5 I 20 1,300 1,300
4." 32 2,68{) 2,080
"'-1 48 3,121 3,120
"'-S 52 3,480 3,480 4.., 48 3,120 3,120
4.11 52 2,860 2,861)
4.U 4B 3,872 3,872
"'-12 20 1,300 1,300
4.13 BO 5,300 5,300
-LtC :14 1,"(1 2,480
4.15 196 8,000 1,759 9,750
SUbtotal 742 S4 20 9S 16 59,eS! 1,750 iI,HZ
Ta!ic 5 200 58 16,600 8,100 24,700
_total 200 58 , 0 6 16,600 l,lOG 24,700
Task & US 138 8 10 31,692 5,~Qi) 35,592
SUbtotBl 326 136 8 18 I n,692 5,000 36,692
1 1!j29i90
0 E..'<HIUT B
Areheo-'Total SUbtotal Totti
Task HIP Korve TO<! L'R DB Labor E:t[!!nses Coot =1
Task T 16~ 130 2:S,75~ 1,000 27,750
SubtoW 160 130 B ! ~ 26,750 1,000 21,150
Task • 204 1!,360 18,360
Subtotal 204 a 0 0 0 18,360 0 1S t 360
Adm inist:ration 1l,US
ToW
Prt>jeet l,9S! 1,235 174 106 15 233,170 2a,953 1275,360
I 10/29/90
®
Ell' Aaoc::Iala C'lft1.pn:hcr..sivc
en"iror\me:J1w and
Pbnnin, Savica
S.&D FrwK'i$C;O
150 Spe:u-$a-..cl
Suite 1500
Sen F:ranc;sco
CA 90CtM
"l5/~
fA}(243..Q31]
COMPENSATION SCHEDULE
Principal I
Principal II
Senior Associate I
Senior Associate II
Associate
Senior Professional
Professional I
Professional II
Technician I
Technician II
Tecr.nician II!
Mileage is charged at
Photocopies are charged at
,-'.--: .... ,.-.
Q EXer~IT C
ArI,ele.s S.::nmmLO
80 So Lt.ke Av~u.e }401 " 21st Suee
SWlot 600 Su-ile: 400
Puadtna Sa.:-nrncn1l:l
CA 9110! CA 95814
1111/568-1363 916/31j:~OO
FA.."X S68 -150] FA]( 3'ZS-4i!iO
$ 1501hour
$ 1151hour
$ lOO1hour
$ 9OIhour
$ 85/hour
$ 751hour
$ 701h0ur
$ 60/hour
$ 55ihouf
$ 45/hour
$ 35/hour
$ .3O!mfie
$ .IS/page
Df'!td costs {L ... nwi. rMaI5. ~ing. auto rent;f$. pr\nt\ng. graphie nwerials, n:.} and subcontradof" tHs are s~ to a 10%. odo' .... _, cIwio.
1. This schedufe ~.st'..afft fn:m OcIober 1, 1990. to SepIIrrb!rI30, 199f. and IWtl;tct tc nrvtsion thMeaftar.
'"
•
fnain!!.t1 ~ ~ers Grade 1
:<
3
(
5
6
7
8
9
10
11
12
13
1.
15
16
!7
T9Chnici!!!l! !m! s.a.o.:.t Stall Glade A
B
C
0
E
f
G
H
I
Per HQur
Q EXHIBIT C
Korve Engine~ri"g, Inc.
HOUAL Y BIlLING RATES
S!andard
$45
50
56
60
65
70
75 eo as
90
95
100
105
110
115
120
125
$30
35
40
45
50
55
60
65
70
$25
Overtime
$ 45.00
52.50
60.00
67.50
Pr<>ject e>qJiI<lSM will be billed at cost plus 10 p8IC8l1I lor _ and han<1ling. Project
............ Include p."OjecI ... _ c:osIs ouch as 1r8nsportation, mileage @ $.30 per mile,
$<' 8101&1 1C8. reproducIicn. and subcooIraclDr se_ Ead1 project may be subject 10 niIiaI set
up and coardlnallon fees. ImIoictIs are due and peyaIlle within 30 clays altar being sent
Rates are subjeCt to chango.
EIIec!i\'e June 1. 1990
SAND HILL CORRIDOR EIR
SCHEDULE
~Month. T ••• ~ ~,~ ,
1. Initial Study
2. Soaping Meetlng8
3. naflle Analysis
3.1. Counls
3.2. ProJecUGns
3.3. Analysis
4. Spacial Studl.s
2 3 • • • 7 • • 'O_L
I
I
5. Administrative Draft
Admlnl~tra!!:-DlWft i,:IA
EIR
6. Dran EIA
D~'~
7. Final EIA
'IR8ID~E'R
8. MeeUngs 'M~) t PAce ~ PA9 PA~,~ ~ ® 88' MPTOX""'9 "PPC @8
9. ProJect Management
I I I I I I I
<8 ® 8 ;:J.1o ~In Oily Council MfII'11o Paft. ell." CouncH Slanlord 9t." e) Palo Allo PlannIt<.g Commlillon 8 Menlo Parlt Pla"'lnlng COf'IIml •• lon ® ~Ighboltloochl
® Palo Allo 61aH S .... nlCl P.,k TranaponatkJI1 CommliliM
11 .l
(~
-,\
, 1,'\ ,
; , .
>l
'" .~ '/,
:': ... ;t .
"
J~_.;"",{"./" , 0" ,. '"",,, -~., ,,,-,\, "'. • .'".
•
'-.
/
.::> City 01 pg'o Allo r-, EXH!a!! E
Insurance RequIrements lor Contractors
CONTRACTOM 10 THE CITY OF FN.-O AlID. AT THEtA SOlE EXPENSE, SH.4.Ll CHT"AlN AND MAtNTAIN INSURANCE FOR THE iE~M
Of THE CONTRACT. CONTRACTORS 'NTLL BE REQU'RED TO PROViDe ." CERTlFtCATE EV1DENC,NG THE INSURANCe I'NO NAMIIIOG
THE CITY AS AN ADDITIONAL iNSURED.
THE CERnACATE OF tNSURANCE MUST BE COMPLETED AND EXECVTED 8'f AN AUTHORIZED P.EP~.sENTATlVE OF THE CO""P.~NY
PROViDiNG INSURANCE, Ai.£O .... 'fTH THE CITi', AND APPAOVED 8't' THE CITV"S RISK MANAGER aEFORE THE CONTRA-..."-WILL
BE CONSIDERED COMPLETE AS AESPEcrs iNSURANCE
Tl:IIS INsmUCTlON SHEEi SHOULD BE GIVEN TO '!"OUR INSURANCe: AGENTiEAQKER WITH THE REQutP,ED CERTIFICATE FOAM.
flETURN THE COMPLETED CERTIf"CArE 10 THE CITY Of PALO .-LTO CONTRACTING DEPARTMENT.
THE tIIISU RANce COVERAGES CHECICEC BELOW Jo_"E REQUIRED FOR THIS CONTRACT.
• PERSONAlIH.lUf:IY
• l!:RQA.O ~ PAOP~",T't DAlMCiE
~ IIl...t.M<FT ~~1..
• ARe \.£GAl. UAilII.!TY
• ~ ~ OMISSIONS
• YAU'1\ICnC£ OJ=' ~
• MEGt.lG1:!fl ~E
STATUTORY
900llY IP4JU~ .. p~
00I.MAI3E: CQMSlNH)
TMIE O'TY OF Ml.O ALJ'O IS TO BI!: MME:D ......... ~ IN5VR£D
*' IfiISUR.f.NCe: CERTtf'IC,Q'I REOOIRED
A.. Ttw CIty d Palo AlIo.. itS atI'leerL aoams" empklyees are-"amed .., adOlJONil :rlsurec', out Q!1iy is III WOJit ~rfQrmed I.Irldel' contrad:. SaId OO".tt!ra~e
., to the c~ cI PUc Al'lD, e6C., .n.al be pri~ ca~ .,1hovI ~ ~ cory· .. UlSting InsuranC8 aM any oth81 ~~ carried try ~e-c'~!
being eceu iItSlnsJce ~,
a Where the....n ~ ~ng, ~ng, 1UIC8'o~ !trIffing, or O!M(I{ undergrovr'od ~ h por.cy indlldH dHtr~ of wires. coodiJrts. p~s. malrls.
or ~ IIimRat ~ QI' "I'f ~ ... us ,n COI'1necliOfllt!er.-;", ~\lW ft .. ~. r:I tn. !jlJl:amd wMtt!er owned' by ItIlrd parties of lhI City a/ Palo Aile.
C. ~ IftI \IIC't irnooMq: ~ eoI~ ~" is ~ 1ft ~. amO\l!Jts 1IDoYe.
0. The poiqr induc" ••. ,~1fIy Of L"1CMe5t" ptOVisiCm-
E ~ OWl" $S,OOO,OOCI mOIl be inO~ MId ... ~ ID appRMII.
F. ..such poides.ale ~ or changed during \No period d ~ oIS stIMd hMIin irl iSI.ldl • manrot! as to affed: tMrs c.mrlCa.le, ltllrty I~ cay$
WfItt:M ncJIb; WfI toll rnaiIaci rD '1M Qty d PMo AJtc. Riait ~, PO. 801: ~ Palo Alto, Califomia 94303.
G. Tt.1ebiiIIy ~ pofoey indudes .. oonIractualllaWfty ~ ~g il'l$Urance COY8o"3ge1o; contrador'3 agrfloltmen( Ie inchImnil')o !M C,fy.
H. TlIe ~ IIIbrded ~ Iha pofldn is sutlied '0 a: IN IefflI.S a til. poIioes oes.~ Mrelll iItld me«s all !h. proviSlOr'IS caJle(j lor ~.,~"
()
AFFI Rl1A 11 VE ACT! ON GU lDELI NES OEXHlB1T f
A. PRf.-UAilD PHASE Of CONTRACT:
1. In addition to the Certificate of Nondiscrimination
rcqujrcJ to be filed under Section 2.30.090 of the Palo Alto
"~uni'lpJl Code (heTeinafter UPAMC"). the bidder shall complE'te
~ qu~stionnaire furnished by the City setting fortb the affirma
tive ~ctions the bidder has t~keD or will take to:
::!. R~cruit minorities in its Joc:ation. for all le"ile15 of
jobs. .
h. Select methods assuring equal employment opportunity
for ali persons.
c. Establish a 'training program for new hires vhere
necessary to assure ample opportunity for the less
qualified to more fully qualify. .
d. Provide adequate opportunity for upgrading and further
training to assure equal opportunity in advancement
and promotion ..
e. Provide co~nseling service for all ~ho aay need help
t~ advance. especially newer employees.
f. Educate supervisors regarding nondiscrimination pr.ctices.
z+ In addit"'~3 to "furaishing the completed questionnaire
•. ::dJeO: for under 1. above. !"ach bidder for a construction or-ser
lo'icc project 'IlIitbin the City shall submit the following information
for ht~s~lf and subcontractors. This information shall constitute
the hiclding ~ontractor's Minority Employeent Pr~gram (hereinafter
"~tEP".t .
a. The estima.ted tota1. number by job classification of
personnel wh~ shall be used by the contractor and each
subcontractor in performance of the contract. These
numbers shall include the e5tiaated breakdo.~ of
minoTities to be used in each classification. To the
best extent p'oss ible the contTactor shall estimate the
minori ty breakdown by lIonth ,for the life fo the c.ontract.
No estimate furnished under this ~ubparagraph shall be
construed or enforced as I hiring quota.
b. In preparinK these estimates it is e.xpe~ted the bidder
~ill take, or agree to take. these additional steps to
assure affirmative "act.ion in the field of minority
employment:
Sheet 1 of 3
( I )
l~)
(3)
(4}
(S)
(b)
f7}
(8)
:--,
RCCfUa& for needed help in the-Qal ::lrras
inhabited by minority members. including ~peft
advertising and us~ ~f various established publlC
and private agencies. [Lists and advice fUTnish~d
;'y the-l"'.Jlo Alto lIulTlan R.el~tions Counc.il Pl'":rcin
a ftt'r ["'HiU')1 .
l'rainin~ thuse less qualified t~ assure ~J~~uatc
promotional opportucities for all~
Providing necessary cou~seling for upgrading,
including use of outside training facilities in
this are3. (Lists s.vailable from the P;\JIRC.)
Assigning an Equal Employment Opportunity (lEO)
coordinator fulltime or as additional duty and
assuring that all supervisors are a~are of tbeir
responsibilities and that union represe~tatives
recognize their responsibilities in the equal
employment program.
Assuring that all subcontractors are in compliance
with the federal and California state l~~s and
regulations TElatinz to nondi5c~imination.
Where the contract Is of sufficient duraticn.
assuring development of apprenticeship programs
with union cooperat,ion~
Upon reque,st. furnishine th~ ~itr ;1 copy of the
latest Federal Form EEO-I~ or equivalent form.
Providing the name and address of all suppliers
whose supplies and/or equipment exceed 5\ of the
total supply cost for each c~ntract and subcontract
for the performance of the contract.
~. ~ny bidder not submitting An MEP shall riot be defined
as a ~responsible bidder" and his bid· shall be di5-
regarded in the manner no\{ prescribed by ti,~ Ci ty.
d. The-City Manager ~ill analy'Ze the )lEP submitted by ea.::h
bidding contractor ~ith the objective of deterMining
if the program submitted by the ,ontractor for himself
and his subcontractprs presents a reasonable effort to
further minority employment.
e. If the City Manager has questions about a particular
bidd~T'S proposal~ he may address such questions to
the bidder. The City Maoaier will be available to
answer questions relative to the .uidelines and to
advise ~hose seeking assistance of resources known to
hI.. He shall not be responsible for the sefyice or
Sheet 2 C'r ,j
f.
,.
--. ,..::'
lack of service rendered by the reSQurces re,o~~ended#
ncr shall he be responsible for developing an MEP for
any bidder, or to serve as • recruiter for any bidder.
Bidders shall be allo~ed to revise their MEP after
consideration. If bidders vithdraw their M!P for
revision. their revised program must be resubmitted by
I date ~hich shall be established by the City Manager.
Bidders failing to have their revised MEP submitted
by the established date shall not be classified as a
responsible bidder.
The City Manager. pursuant to the 2uidelines. shall make
a deci!ion as to the responsibility of each bidder.
s_ A~ARD P~~SE OF CONTRACT:
Upon award of the contract by th~ CitYI the reCipient's MEP
which has been approved and accepted by the City. shall be an
integral part of the contract and subject to Section 2.30~093.o£
the PAMC. No contractor shall be deemed in material breach of
contract under PAMe Section 2.30.093 when he has made a reasonable
and substantial effort to comply vith the MEP.
c. POST -A~ARD PHASE OF CONTRACT:
1. The contractor shall post in conspicuous places, avail-
able to employees and applicants for employment, notices to be
provide4. setting forth the l~w prohibiting discrimination and
advising anyone who feels he is ~eing discriminated against to
advise the FEPC.
2. The contractor shall make written progress reports on
tbe performance of his MEP at intervals established by the City
Manager. The contractor, ho~ever. is encouraged to submit
~ritten reports as often and when he deems it relevant to his
MEP.
3. The City Manager shall monitor the performance of the
MEP until c.ompletion of the contract .and yill report to the
PAHRC on the pTosress of the ,ontr3Ctor in living up to his ME?
•• Any questi~ns of possible breaching of MEP sball be
discu,sed with the contractor by the City Manager.
B •• clutiON •• 04 ~144 and 4Z48
Pale Altc Nu~ieipal Cede t.JC.090
Ordi~an~. 10. 2410
Sheet 3 of l
ENABliNG ORDiNANCE
ORtl!!'IIANCE: NO. ~ __ _
OflDlKANO Of' 'rH£ COUNCIl. or 'l'tiE CtTY or PALO ,,1.::-0
~~DING Tti£ p~ ALTO ~~lCIPAL coot 70 Aon
PROVISIONS AE~ING MOMDISCRIMINA!ION IN THI IER~
FORI'l'..ANCE OF CITY CDNTP.l!.CTS
The Council of the City of P.l~ Alto dees ORDAIN •• fol1c~.:
SECTIO~ 1. Tb.~ S~ctio~ 2.30.090 of th~ Palo Alto Municipal
-2.)0.0'0 Love!~ re'pO~.ibl. ~~~der. I~ addition to prlc_;
1ft ~e.r.inln4 the 'lowest respon.~ble bidder,' eon.i~er.tlon
will be ~i~eQ to qvality .~d performance of ~he ~upplie. to
be purcha.ed or ~rviees provided by ~he seller. Criteria
fOE 4.te~ir.in~ tow bid 'hall include, but not be limited to
U. followino;:
(Ii The .bili~y. capacity .~d .~ill of the bidder, to
perfora th~ contr.ct or provide the .u?p!i.' or servie~.
requi%ed •
(Zi The ability of the tidde~ to pro. ide the lupplies
or a.rv1c •• p:oaptly# or wi~ib the ti .. specified, without
delsy or i~terl.r.nce.
(3) ~e ~h&ract.r. iftt.qrity~ repu~atio~~ ju~qment~
expe~ience and effici~~cy of the bidder.
(4) Th. quality of bidder's performan~e O~ previo~s
purchases O~ c~ntr&cts ~ith the city.
(5) The ability of ~. bid4er t~ provide f~t~r. ~in
tenanc., re~jr part. and services for the use ~f th~ suppli ••
purchased.
('I Curredt c~pliaoce by t~e bidder with f~der.l acta
.a4 executive orders .nd Sta~e of califor~i. 8tat~te. 9QV~r~
.1.ng" tlw! 'Iubje<::t of nondiscrialnatioD in. "'?lQ~nt. prcy.U.CI
that the city aanaqer shall reooqDi~e .~ proof of noncompl16ace
only ~ final deelsioa. and orders ot thoae federal and
st." ."encie. eapower.d WIde" the laW' to !llak~ .uc:t'. fincHnqa ..
iT) Certificatica by ~. ~1dder ~.t be will pursue
aD .ft~~tive coo= •• of .~tion •• required by efrl~tiYe
action yvidelines proVIded hereinafter re •• onabl, pertelnl~q
tc the work of the CODtZ~Ct and to the nat~e and 51~. of hi'
VOCK foree. to en.~e that applic~nts .re souqht enrl e~ployed.
and ~t employees are treaeed duri~g employment, wit~o~t
r~ard to th.iz rae •• color. aatlcnal ori9in or anee.try. or
rel.1"io!\4
(al Under thi •• ection, .pecific qui4eline~ ~Ll1
be adopted ~y CQuncil r.~olution frOG time to time.
idantifyin9 the nature and 5COpe of ·.ffirm.tive actJo"~
de, ired by the ~ity ..
- 1 -
o
1.bJ S~ch ;UJ~ellne5 shdll be ~ade .v.lIable to
all person.! de.uJ.n9 to bid {HI c"lty bus..ifl.ess~"
S~CTION 2. T~at Section a.3D.091 ~e &1de~ to the Palo Alto
Municipal Code ~~ read .s follo~5:
·2.30.0~1 C~ctificate of nondl,crimination. Eacb bJddar
s~.ll ~nclo.e v~th fi~s bld e certltlcate seatlng ~hether
be il currently in compliance ~il~ all federal and State of
CalifornJ,.a llws C:O'l1erinq nondi5cri~ir.ation in e~ployt;letlt. and
that b. ~lil pur~~e an &ffirmative cour~e of action as requl~ed
by .rfi~§tiv~ ~ction q~idelines as set forth 1n $e~ticn
2.3Q.C90 and resolutions ado~ted p~rsu~nt thereto, and that
it awarded the contract: he ~ill not cll5criminate In the em
plopen.t of .. ny pers,," unde.r thf! e>Jn~r!l"t because of race.
colez. national oriq~~ or ancestry. or r~llqlon, of such
peraon~ and th~t he ~111 Fartlcirat~~ if re~u~!ted~ 1ft pre
avazd r~vicv of b~~ quallfieatl~~5 ~nder pr~~15)On. of thi~
.action. Tha require~nts of t~J~ section snall a~ply only
to contracts ift esce55 of f~ve thO~5~nd dollar. fo~ s~rYice3
or foz • comhl~atioc of £ervic~$ and supplies.a
SECTION 1. That Sectioo 1.30.0~2 ~ added to the Palo Alto
Municipal Cede to read IS fol!o~s:
-2.3D.092 Penalties for d15cri~lnation ~n em~lo~ent. Any
conttactor vho .h.l1 be found 1ft YlClatlon of the bond~s
cr1miDati~n provi.ions of t~~ Stat~ of C&llfo~nia rair
Employment Practices Act ~r simiI~r pro~ision~ of federal
l.v or exeeutive order in the performance of any ~ontract
vit~ the city, thereby ~hall be found in material br~.ch
of luch contract .n~ thereupon the city shall h4ve power
to cancel or .~spe~ the c~ntr.ct. in ~hole or in part, or
to ~uet from the .~DUnt payable to 5UC~ contractor the
sw. Q! tW~Dly-Ilve dollars ($25.00) for each pe~$on for each
cal.ndar day ~uTin9 vhl~h 5uch ~~rso~ was 4iscrL~inated
a9ainst. a!l d111W:t'Jes for sald :brc.lch. of Cf,Pltr.a.ct. or both.
only a findu,'l of the St .. tl! of C~'lifot'nu: Fair Employment
Pract1ces C~iss10~ or the ~ul~ale~r f~d~cdl ~gency oc
offlcer sh~ll cono;!:itute ~vldl:ln.;·! of a Ylc!ation of co~tr.et
under this 5eet~on.~
~ECTIOK 4. Th~t Seetl0n 2.30.0~J :be added to the Palo ~lto
Hunlcip.! Code to raaQ •• follows:
-2.30.09J Per.~lties for v!olat!on of a!f~~.tivB acticn
provi5ions. Any contractor ;£0 shall ~ found ~y the Clty
Manager to be 1A Y101ation of b~s .9r~e~nt to pursue an
.ffi~tive course ot actlo~ or in Yiolation of any prov~s~cn
of the affirmat1ve action 9uid~lin~s pertaininq to his eon
tra.et. .hall be found in ~t~riill breach of .uch C"ontzact af,d
thereupon ~. City shail ~il7. ?~e~ to ~~nc.l or su~p.r.d the
contract~ in whcl~ or in ~rt, ~c to deduct from the &mount
payable to such contractor the S~ or two hundred fttty
dollar. {$2S0.00) fDr each c.l*n~ar d~y ~urin9 ~~~~h the
contr~ctor 15 foun4 to ~a~ be~n }O nonconpliance, .5 dam
.qes foz said br~.eh ot eontract, or both."
-, -
~t~lOW $. This ordln4~~ • .n411 ~~Dee .f(.~~t9~ ~hi~ty
uy.. tS'tM the "st.. 0'1. "U pa ... ""' •.
%wrJlOt!~th )'hl'ch J!. ! ~na
..a,rhohf, &~abl'" &~t ... 'td. (:!,uk, CQmJ-1t.,::c., C.:.~le-y. C".tI, v~ll:la:ber.
1",,;u-"[),'I'o, Splt·th. 'W.'lre .. JJe1
NQrsf;
-l -
r'!\
lOWlIANCE REPORT p,: .... "j~i.,;1ii of Pal~ A!to (o~tr.c
rltia repCH"t ml'6t ~.:' ce~f"i .. r;ea bj: rri:moli:
cq~tra~t~r ana ca~~ C~~~L~t:~~t~.~·.
Compl~t(' <2ll itt::~.'; :..nT,o.:.:.' ct,':' •. <r~·i.,e
i"B'Cr~~tr.i. 1)::1~ ",ztp'l sl'i:!'i.:; i/
"I.~"".(11'.!:t. SU5"!:':..' .. 'R': .. ';IIiA!. l.,'F FijI';
RlPORT DlFlfCTLY 1"0:
Cirec-tot' of Pur.::nasi:1~ Sr;!"-vic~s
Civic Cent~1"
250 'Kami han ~\'ent.l.e'!
Pate Alto, lal ifor.,'ia 911):1!
Circle One~ ~rime Contr.cto~
~al'!:e of Firlii
Tele;>nene _________ _
Nam~ of ~~T50n p-e~~rl~H form, OT
per3~n to cont~c:.
r..; r. ,
Snh.onl :r • .:tQ r
._------------
Pait Compje(~ the follo~ing;
I. full nalllC' arl-l .. ddress of fim
or other r~p~~ting ~r.it ccyeT~d ~
by tllis r~pon ..
Z. :'-!,lmr 01:11 ;"":...!" .~ l''; rt;i,cir-i;
cffi.::iaj cr ~:l::-Il.l£':-!"~
3. Na=e Ina adjr~~~ of princip.l
offiLe (:f ;;o;;-..p;.:::y.
4. ~ame 'and ~~~r~5s of par<nt
':t:-mjJ4ny if 2:'1 .':! C[il ':ated -
corpor~t:"::'i1.
S. Na~c ind ~J~res5 of rrimc
cotnrac:to::" (c.o!;lp!ete only if -
this is ~ s~~~~ntr~~toT'5
reporI.
6, Silnaturc and title of author
ized representative.
o x _____ _
Date:
rart II
1. Attach I stateMent of your company's policy O~ equ31 ~mploy~cnt
opportunity to all persons without regard to race, creed, color.
national origin t or ancestry. and describe ~hat steps ha~c ~~en
taken to put this policy into effect.
11art III Circle the proper answer
I. 'res So
'fes No
; ° Yes 1"0
·1. 'res No
~. Yes No
Have ycu informed company officials a.nd representatlvcl:;
regarding the non·discrimination provisions of City c[
PAlo Alto Contracts?
Have you examined yoor company's pTactic~s regarding ~~~!Jn
.!Ients. layoffs or transfers of your employees from cnc )c·b
to another for evidence of a practice ~r emplOYMent patt~r::
that might appear t~ be di5cTiminat~ry and based upon race~
religion or national origin? Are they non-discriminat~I!?
Do YCIU have educational or training programs; s?,onS(lT('J Of
financed for the benefit of employees O~ prospective
elllpl oyees?
a 0 __ _
bo __ _
How many people partifipate in thes~ progTam~?
Ho ... · ma.ny are minorities?
Does your help wanted advertisi!'l.g state that you are .an
equal 0PPoTtunity employer?
Are any apprentices obtained fro~ sources outside the
eMployer·s vork force? If yes,-h3ve you ,irculated inform
ation about apprenticeship openings or opportunitjes to
'the [01 loving?
Yes .No
Yes ~o
Yes No
Yes No
State Employment Offices
Newspapers or other =eiia
High Schools t including those in m.inority 6,TC'Up
areas.
Local trade or vocationa.l schools. intllJdjn~ tfln~~
with minority group 5tu~ents~
· .
6. YtS No
7. Yes No
8.
Pa rt rv
L Yes No
2.. Yes No
Ye-s No
Yes No
Agencies and/or orl~niI.tion s~eciali1ini in minority
employment.
FedeTal or State Apprenticeship repre5entative5~
Who~l ____________________ ___
Other~S~ ________________________ ___
If you are a prime contractor, have &11 subcontractors
Guvered by these compliance inspe~tion reports been i~structed
as to their contractual obligations Telating to the fion
discTimination previsions of City ¢f Palo Alto Co~tT~cts1 Expl.in: ________________________ ~ ________________________ __
Have all recruitment sources been advised that all qualified
&pplicants ~ill receive c~nsideration for employment ~ithout
regard to race, color. creed or national origin?
Idtr.tify (names L'1.d addresses) the elnplo),ment agencies,
p~~sonnel recruit~ent organit&tions , news~aper &dV~Ttisinl
or other non-union sources from which the co~pany recuits
its personnel.
Have y~u a collective bargaining 3,reement ~ith a labor union
OJ other oTaani~ation?
If yes, specify th~ Union{s) or OT&anl~ation(s}
Have 'you advised the labor union and/or vorker ~rlanixa~-
ion of the campany'~ respons'ibility under the non-discriminat
ion proviSions of City contract!?
~. __ I
Yes No
s. Yes Ho
6.
o
ApproxiMately ~hat perCentile of your emplDy\:'cs COVl'TcJ
by union &aree_ents are referred by or hi reJ throu~h t ~:\
ul1ions'1
Expl~in procedure for hiring b&lance. ______ __
---------------------
Does the camp4ny', collectIve bargainIng agrcc~el t ur
other contract or understanding )lith a labor 1.<Il.!.r"O l"r
uni~n5) or other ~orker's oTaaoilation include 3 rr~~j~l. n
for non-discri~in.tion in employ~ent!
Is there any labor union or .... or'ker·s oq,:,ani:::atlO:1 pDll':-~
which prevents you from fulfilliDIi your cbJic:atlor.s t.;~Ll\"'r
the non-discrimination pTQvisicns cf City cortr~cts? If so, specify. ______________________________________ ___
---------------------------
Specify the trade{!) or cTaft(!} in~clved in thl~ ~0nrr~ct.
Use this 'pace for COIT.ment an OiInr a:n.o::\o.cr~ ~':"U h:1\'C' :",11;';'1 !r:J.
.An ' _________ ~
IAC14t MAKEUP OF KEPORIlNG UNIT
Narr.l' of r1rm.'-____________________ -'S1Jblflitted by _____ _
Pre" !t'tt R .. mc _______________________ _
Cont~':t • ___________ _ (l~dic.te only l~r mont~ly repc.t. No.3)
th •• ',: tqH'!II "f bru·known U'~ ro!l1u lr't;d. This form is 'Uu(,! for all three. (ct-erlc:)
-1-Pe['~n~nt makeup of c~mpany.
-]-P1nnthly rrport for _______ _
( ) -2-Estimated m.keup for this project.
197__ Subm.1t onee pet" lnO!ltl'l fot' dunt.in'1 of
1= Pe.rmanent. 2= F.~t~~~te for project. 3 .. Hont~l)l o~.ly.
Be !=un" P:1l indHde ill employees in fir$t column. r . .Qt just min'::l~1tl1!!'$. Nos. 1 and 2 bel,);.'
ar,' re~ulred to hi! f1lled. in and submitted .... ith ·C'JUIpl1al'.ce Repo['t~
JO~ CAttcnR I1=;S
Pro.feu1oa.als. It: J , ~C~I'~<~i~C~.~l~-O~f~f~iLc-.---t-~-r--1+--+--1--+-~--+-~~-+-~-+--1~-·t--i---t---i---;
Field ~uDervis~'t"
Sfo:.ill~d -list
•. ----~------_+--+_~--H__4--4__4--+__+--+_~--~_t._4--4_-4--+__+~
c.-----------~--+__4--~--~--+_~~~--+__4--4_--+--+--4---~_+--~~--_
d.----------~r_+__r~r__+-~--t_1__+--r_+_~~--t_1_-+--+-
•. -------------+--~~~~_4--+__4--+__+--~~-~~4__4--4_-+-
•
r,)TAl or A5C1vE
T!, .. dau b~lo~ 5h~uld _tlo be :Included in the .D~~e~rl.te e.t~Rorle, .bove.
Or: J(Jb
; ; : ! I ~'!!
i
, i I .. \lh i te Colhr I
\. Prn.11K t inn L-LJ
Ib!s '~pOTt ~st be ~o«pleted by contr~~cor and each .ubcontr~ctor.
The r __ r-lli "SrMnisfl Surnllnt'd" !ocludes .. U per.sons ::>! )kllicaa. Puen:G Ii.ciln, Cuboin. Latin
~ri~an ar Spanish ori~ln_
I~port "nI, Pllipl~yee5 enroll~~ in formal on-the-job tr'ain1ng rrn~r'.~.
'.
February 8, 1990
HONORABLE CIT. cot~CIL
Palo Alto, california
Attentioa: 7iD&DCe and Public Work. CO .. ltt ••
Members of the council:
The purpose of this staff report is (1) to document the consultant
selection procedures completed for the preparation of an
Environmental Impact Report for potential transportation
improvements in the Sand Hill Corridor; and (2) to recommend that
the Fin<h~e and Public Works Committee authorize staff to negotiate
with the fira of ElP Associates for the requi~ed services~ and to
negotiate with the firm of Environmental Sci~nce Associates, Inc.
in the event an agreement is not reached with EIP Associates.
BACKGROUND
In early 1988, the Palo Alto and Menlo Park City Councils,
respectively, approved a work plan for the Sand Hill corridor
Proce.dural Framework. In June 1985~ the Palo Alto City Council
authorized a consulting services agreement ~ith the firm of CH2M
Hill to complete the tasks outlined in the work plan. The
objectives of the Procedural Framework ~ere to determine Whether
conceptual solutions for improving and possibly extending Sand Hill
Road to El Camino Real were wo~"".Y of further study., and to
deteOiine. 'Whethe.r a lrii'Drk program -with funding !D.echanisms for
implementinq one or more of these conceptual solutions would be
acceptable to the participating agencies.
The Sand Hill Corridor Joint Policy committee (JPC), consisting of
two representatives each from the Palo Alto and Menlo Park City
councils and Stanford University's Vice Presidents of
Administrative Resources and Public Affairs, reviewed all material
prepared for the Procedural Fra~ework.
CKR,153,O
" .
o
On December 4, 1989, the Palo Alto City Council (1) approved a Sand
Hill study Aqreement 'With Stanford University providing for the
preparation of an env!ronmental document for possible Sand Hill
Road improvements, and (2) directed staff to circu13te a Request
for Proposals (RFP) to prospective consultants to provide thE'.
r.ec~5sa~ services for the preparation of the environmental
documf"'nt and related work (CMR:565:9;.
COHSULTAt-j' SELE.crI.Qli
In accordance '"Jfith the City's established consultant selection
procedures, a RFP for Preparation of a Sand Hill Corridor
Environmental Document 'Was sent to eleven consultant firms with
potential interest and capability to perform the necessary work.
Pre-SUhmittal Meeting
A pre-submittal meeting was held on
explain the project and respond to
proposal respondents. Representatives
De'Cember 15th to fUrther
questions from potential
trom five firms attended.
~ction Adyisory Committee
A seven-member Selection Advisory Committee was formed to review
written proposals, conduct oral interviews, and evaluate and
recommend a consultant fo.c this work. The selection Advisory
committee was comprised of the following persons:
Don de la Pena, Menlo Park (Planning}
Rubin Nino, Menlo Park (PUblic Works}
Julia Fremon, Stanford University
Michael Mcknight/Lewis Lane~ Stanford University
George Zimmerman~ Palo Alto (Planning)
Sue Case, Palo Alto (Attorney)
Marvin OVerway~ Palo Alto (Transportation)
Proposals Received
Written proposals were received from hrlo finns, as follo'Ws:
A. EIP Associates in association with Korve Engineering.
B~ Environmental Science Associates, Inc. in association
with wilbur Smith Associates.
Both firms included one or more additional sub-consultants to
provide a relatively small amount of important additional expertise
on specialized topics.
CMR:151:0 2/8/90
Page 2
j
The small number cf firms responding to this RFP is believed to be
attributable to a comblnation of the complex and sensitive nature
of this project, as veIl as the large numDer of other opportunities
consulting firms have for similar work on projects that may be more
Btr~i9htforward.
pre-screening of Responses to Ftf
The Selection Advisory committee met on January 17th to review and
discuss t..~e two proposals. The evaluation of the proposals
centered on. the general categQI'"ies of: qualifications of staff,
demonstrated experience, understandinq of project~ and proposed
approach to project~ The committee agreed to invite both of the
firms tor o~al interviews~
Qral Interviews
The Selection Advisory Committee conducted oral interviews on
January 24th~ The oral interviews included a short oral
presentation by the consultant, followed by a pe~iod of questions
and answers~ Each consultant bad five members present for t~e oral
inteLVie:~. Following tho! oral interviews, the Committee continued.
to meet to further evaluate and discuss the qualifications and
capabilities of the individuals and firms for this stUdy.
ConclusionS of the Selection Advisory committee
One of the primary conclusions of the Consultant Selection Advisory
committee 'Was that either of the two firms 'Would be able to
satisfactorily complete the necessary work. Both finns have
prepared a large number of environmental reports on a variety of
projects, includinq transportation facilities. The staff they
propose appears to be well qualified, although there are
differences and trade-offs as one would expect when comparing two
groups of different people.
The Committee agreed upon the following ranking for the two firms:
1. EIP Associates with Korv~ Engineering.
2. Environmental Science Associates, Inc. ~ith
Wilbur Smith Associates.
The committee members were split regarding the one-two ranking for
the two firms. Five of seven favored EIP/~orve as number one and
ESAfWilbur Smith as number two. Two of the seven members revers~d
that order.
CMR:153:0 '/8/90
Page 30
•
o
The EIP/Korv. team offers a significant kno~ledqe and information
base concerninq the issues present in this area~ including a
detailed understanding of the different traffic forecast and
intersection analysis methodologies used by each city. They also
demonstrated a good approach to managing a project of this
comple¥ity.
The ESA/Wilbur Smith team would bring a completely fresh look to
the s~udy in that they de not have any significant related past
involvement in the corridor. They would, of necessity, need to
assimilate a substantial amount of existing information.
Both teams had one or more additional sub-consultants to provide
a relatively small amount of important additional expertise on
specialized topics, and in each case the committee felt it would
be apprC)priate to ask the main .consultant to consider some
~ification~ Both teams indicated a willingness to do so.
Review ard Endors~nt by JPC
The Sand Hill Corridor Joint Policy committee (JPCJ, at their
regular scheduled ~eetin9 on January 24th, reviewed the report and
recommendation of the consultant Selection Advisory CODUllittee.
After a period of questions and discussion, the JPC endorsed the
ranking established by the Selection Advisory Committee; with the
additional proviso that in the avent negotiations ca~t he
successfully completed with the EIF/Korve team.. then negotiations
should be pursued ~ith the ESA/wilbur Smith team.
Scope of Work
The scope of work and related costs may vary from those indicated
in the REP and the actual proposals received from the consultants,
as oil result of information received from the public seoping
meetings scheduled for February 7th and 8th.
ENVIRONMENTAL ASSESSMENT
This contract does not constitute a project under the California
Environ.:uental Quality Act, and no environmental assessment is
necessary ..
RECO!!!!ENDATION
Staff recommends that the Finance and PUblic Works Committee
authorize staff to negotiate with EIP Associates and to negotiate
with ESA Associates in the event an agreement is not reached with
EIP Associates.
CMR:153:0 2/8/90
Page 4
, .
..
Respectfully 5ubmitted~
~~
Chief Transportation Official
~~~
WILloIAM ZANER'
City Manager
Attacbaent: Request Lor Proposals
cc: city of Menlo Park
£h/ce·~A· ///!c4~kL ..
KENNETH R. SCHREIBER "/
Director ot Planning and
Community Environment
Stanford University (Suzanne schaffer~ Robert Freelen,
Andy Ooty, Julia Fremon, Michael MCKniqht~ Lee Th~mpson)
Sand Hill Corridor Distribution List (without attachment)
CMR:153:0 2/8/90
Page 5
llflOOll aT POR PROPOSAL
PRBPARATI05 or A
c'.;':, ", ..
SAlID HILI CORRIDOR Di'VIRONMER'l'AL DOCtJII!!lIT
Closing pate for Submittals;
Number of Copies of Proposal:
Contact Person:
Address;
Phone Number:
5:00 PX, January I, 1990
1'8" (10)
Gaorqa li_erllen
Assist. Planning orticial
CitJ Qf Palo ~to
Planning Department
:taO .. Box 10250
250 Ba.ilton Avenue
Palo Alto~ CA 9~303
(415) 329-2301
Not.; A pre-proposal cODference vill be beld December 15, 1989 at
10:30 in the council conferance ROO., ,tst ~loor, city Hell, 250
BlUliltoD :a.veJlue, Palo Altoa This _egnfareZl~e ___ i~_ aandatory ~~
oop,ultapto wishing \0 submit a proposal ~or the projee~~
'I,CIGltOtDI'p
Sand Hill Road extends from Interstate. ]~O easterly to its tErminus
at Arboretum Road (see map in Attachment A). At Arboretu~. the
option exists to continue east into the Stanford Shopping Center
parking lot. It has been estimated that as many as 5000 vehicles
per-day utilize this circuitous route to access El camino ReaL
Over several decades, periodic attempts have been made to implement
improvement projects along Sand Hill Road. Improvements have been
proposed to widen Sand Hill Road and connect it to E1 Camino Real.
Howe.ver l no improvement project has been successfully i~plemented
fer-a variety of financial, legal and political reasons.
In 1987, the cities of Palo Alto and Menlo Park along with Stanford
University agreed to pur-sue discussicns regarding potential
improvements to Sand Hill Road. A Joint Policy Committee (JPC) was
formed consisting of two City Council members from Palo Alto, two
city Council members from Kenlo park, and two Vice Presidents from
Stanford Univer&ity. The J"PC has focused on identifying conceptual
alternatives and developing a ·Procedural Framework-for a
o
continuinq process. A description ot the conceptual alternatives
is provided in Attachment B to this ~equest for Proposal.
In addition, as part of the Procedural Framework Study, an Oriqin
Destination (O&D) study was conducted (or the Sand Hill Corridor.
'['he focus of this O&D study was to obtain pertinent information
reqarding travel behavior in the Corridor. This information has
been Gompiled in Lotus 123 spreadsheets and ~il1 be avail~ble to
the selected consultant team.
The remainder of this Request for Proposals describes the scope of
work fo~ the Environmental Review Project, defines the estimated
study costs, outlines the information required in the proposals and
describes the schedule and criteria for selection of the
consultant~
This Request for Froposals {RFP) addresses the work included in the
EnviroruneTital Review Phase of the project. This Phase .... ill include
the prepar.atitJn of an en.vironmental docultent to evaluate the
impacts of the Sand Hill Road Project Alternatives~
Sand Hill Road extends from Interstate 280 east.erly through S~n
Mateo County, across San Francisquito Creek, and through Palo Alto
to its terminus at Arboretum Road. At Arboretum Road, Sand Hill
tr&ffic either t.urns right on Arboretum or enters the Stanford
Shopping Center~ It is possible, through a circuitous route to
reach the El Camino Real through this parking lot. The northern
and southern boundaries of the Sand Hill Corridor are not clearly
defined. For the analysis cf traffic impacts, the Corridor could
exte~~ from Page Mill Road on the south to Valparaiso on the north.
The Environmental Review of the Sand Hill Road Corridor will
provide a thorough review of the potential impacts of all project
al ternativas: approved for enviromnental evaluation. The intent
will be to provide an objective evaluation of the potential impacts
of each alternative. Mitigation measures will be developed which
~ould be incorporated into the project, if feasible. Impacts that
cannot be fully mitigated will be identified. A preferred
alternatiVe will be selected by the City only after full
environmental reviell.~ of all project alternatives, revieW' of traffic
analysis results, conceptual design of the alternatives, and
consi~eration of public input received.
The O&D study portion of the required traffic analysis has been
completed. However, the travel forecasting ar.d traffic impact
Sand Hill Request
for Proposals
2 11/29/29
analysis remain to be done. rt ~ill be accomplished a3 part of
the work described in this RFP.
~nw.z. p,lsIsnr
The development and further definition ot the project alternatives
is currently in prog~ess. This work is being performed by Brian
Kangas Foulk under contract to Stanford University. Conceptual
dealqn work is not iDel~4.4 withiD the Bcope or tht. RPP. stanford
will provide the foll~Jinq info~.ation tor each project alternative
to the Environmental Review Consultant for use in completing the
EIR!
1.) Plans tor each project
scale. These plans will
including;
alternative will be prepared at 1"~1001
layout all major project elements,
o Horizontal and vertical alignments
o Intersection channelization
o Structure widening and/or construction
o parking lot modifications
o Typi~al cross-sections
o Right-ot-way requirements
o Modifications to existing local circulation patterns
2.) Input regarding specific design details anticipated for the
project.
ALDBDTms POll BtlVlROlIKJmTAL ItBVI"
The Sana Hill Corridor Procedural Framework Study identified the
initial list of alternatives to be carried fo~ard in the
environmental review process~ The proposed improvements include
alternatives to extend Sand Hill Road from Axboretum Road to a new
intersection on El Camino Real. The alternatives also include
widening sand Hill Road from the existing intersection with Alpine
Road and Santa Cruz Avenu~ to Arboretum Road~ A general
description of the three alternatives along with options
anticipated at the new £1 Camino Real intersection is provided in
this section of this RFP and in Attachment B~
The alternatives currently to be included in the environmental
review process are:
Al ternative 1:
Alternative 2:
Alternative 3:
Sand Hill Request
tor Proposals
No Build Alternative
Three Lane Alternative
Four Lane Alternative
3 1l/29/89
., ..
o
Alternatives 2 and 3 include three options (A,B, C,) for the
treatment or the Sand Hill road intersection with E1 camino Real
ar.d Alma Street. Option A would provide no access between Sand
Hill and Alma Street. option B would not permit acce&$ between
Al.a street and Sand Hill Road but would add a left turn from ~lma
to sOQthbound El Camino Real. Option C would provide full access
on all intersection approaches including through access betlr.'een
Alma street and Sand Hill Road.
It is anticipated that up to two additional alternatives will be
included for environmental review by the Joint Policy committee
followinq the EIR scopinq meetinqs to be held in Fehruary of 1990.
The list of alternatives will be finalized prior to completinq the
contract negotiations with the selected consultant team.
A preferred alternative vill not be selected until the
environmental process has been completed and all public input has
been received. Full evaluation of all alternatives is considered
warranted for the Sand Hill Corridor improvements because of a
history of controversy over the extension of Sand Hill Road.
seon or .au
'i'he following is a sUlIlmary of the tasks to tie completed by the
selected consultant. It is a.nticipated that some tasks will be
accomplished cor~urrently.
TA.SK 1: INITIAL STUDY NOTICE OF fREPARAIIQN A.,"iP PROJECT INITIATION
The consultant will attend one meeting with City staff and one
meeting with the JPC to identify the project requir~ments. This
task will include the following:
o A review of the origin-destination study
results,
o Confirmation of 2005 as the horizon year fer
cumulative impact analysis s
o Obtain land use assumptions. One (1) land use
scenario will be analyzed for current and
future impacts. This alter.nativ~ will include
the land use assumption::; used in the
follo'Wing:
Palo Alto citywide Land Use and
Transportation study
Stanford University General Use Permit
Menlo Park General Plan
Sand Hill Request
fer Proposals
4 1l/29/89
..
o Establish the number and description of each
roadway network a! tern.ative to be considered
in the analysis. It is assumed that all
o<ernatives and intersection options described
in Working Paper 4 of the Procedural Framework
study will ~e included in the analysis plus up
to two new tec~~ical1Y feasible alternatives
select~d by the JPC followinq the EIR scoping
Meetings.
o Confirm the number of traffic counts to be
conducted as part of this study.. For purposes
of this so-ope of 'Work it is assu:aed that no
more than 10 peak period traffic counts ~il1
be required as part of this project.
o The consultant wi.ll be responsible for the
preparing the Notice. of Pr-eparation as required
by CEQA and for preparing an initial Study or
other mersns of detennininq th~ scope of impacts
to be addressed in the EIR~
TASK 2; SCCPING MEETINGS
Two public scopinq eeeti~q will be noticed for early February 1989.
One will be held in Palo Alto and one in Menlo Park. ~he selected
consultant will be expected to attend these meetings. The :meetinq~
will be chaired by the Joint Policy COmMittee with staff support.
One Joint Policy meeting will be held following thEse two seeping
meetings to identify and select any additional alternatives for
inclusion in the environmental review process.
TASK 3: TRA"FFIC IMPACT ANAI.YSIS
The analysis of traffic impa~ts of the proposed projects will be
among the most important elements of the EIR preparation. The
Origin and Destination data collected during the Procedural
Framework Phase of the project will be available to the con3ultant
for use in the traffic impact analysis. This analysis will include
th~ forecasting of tuture traffic in the corridor, and identifyinq
related impacts for each study alternative.
Subtask 4-1; Pe.ak Period and D~J_lY Traffi~._~ounts
A considerable amount of recent traffic analysis has been conducted
in the Sand Hill Corridor. Therefore, it is anticipated that there
are current traffic counts at most locations to be stUdied.
However.!' it is generally the case that some additional counts must
Sand Rill Request
for Proposals
5 11/29/89
...
/.
o o
be made. To allov for this. it is assumed that up to ten (10) PM
peak period three hour counts will be made to update available
data.
It 'Will also be necessary to 'Collect additional daily machine
counts on key neighborhood streets to permit evalu3tion of
potential neighborhood iEpacts of the proposed alternatives~ In
your response to this UP, ten {lO) additional 24 hour two-way
machine counts should be assumed.
~task 4-2: Future Traffic Projections
This subtask \{ill include the forecasting of future traffic in tt~e
Sand Bill Corridor. It is anticipated that the traffic impact
model data sets developed as part of the trdffic analysis for the
Palo Alto CityYide Land Use and Transportation Study will be
available for use by the Consultant. Incorporation of land use
data for the year 2000 from the Menlo Park General Plan and the
Stanford University Land Use Master Plan will be required.
Forecasts will be required for the y~ar 2005. Updating of the Year
20-00 data to reflect 2005 conditions will be performed by t'-e City.
However, modification of the Cityvide traffic model will be the
responsibility of the Consultant.
The traffic model to be used is based on the IMPAX software and
has data sets in spreadsheet form for the year 2000~ statf has
extend€i the data to represent 2005 conditions for limited
application. It is likely t..'lat some modifications to the Jrtodel
vill be required since the travel patterns ~ill likely be revised
as a result of tha Origin and Destination Study results. However#
considerable tine can be saved through the use of the data from the
previous modelling effort.
"I'he origin-destination survey data collected. as part of the
Procedural Framework Project will be used in the travel forec3.sting
process to validate trip assignments and in estAblishing the
anticipated diversion of traffic to the extension of Sand Hill
Road.
Estimated PM peak hour and peak period turninq movement estimates
will be developo:!d for ~ach street network alternative. It is
ant.icipated that these projections will be developed at up to
twenty (20) intersections. In addition, special attention will be
paid to developing estimated changes in the neighborhood street
traffic levels.
SUbtask 4-3: Tr'affic; Impact Analysis
The traffic impact analysis will include the evaluation of the PM
peak hour levels of service at up to twenty {20J signalized
intersections under each of the study alternatives. In addition,
Sand Hill Req~est
tor proposals
6 1l/29/89
..
.---
the traffic impact analysis will evaluate the potential impacts on
existinq neighborhoods adjacent to Alma street and Sand Hill Road.
The Circular 212 method for calculating levels of service a.s
calibrated during the Citywide Study will be used for the proj~ct.
If analysis of unsignalized intersections is nece~sary the 1985 HCK
method will be used.
Potential mitigatior. measures for inter~ec:tion or neighborhood
impacts will be developed. Some rev~s~ons to neiqhbo,hood
circulation patterns near Sant~ Cruz Avenue ~y be required. In
addition the potential increase or reductiO-n in thr,_ ..... qh traffic in
the neighborhoods adjacent to the corridor should b~ identified.
TASK 5· SPECIAL STQDTES
Additional special studies will be required as part of this EIR.
It is known that Indian burial grounds exist in the general p~oj~ct
area. Therefore, special attention should be paid to the study of
archeological impacts of any proposed project.
Grove~ of trees curr~ntlY exist in the vicinity of El Camino Real,
as yell as at other locations within the Cor~idor. Identification
of the impacts to these trees of each proj~ct alternative will be
required.
The crossing of San Francisquito Creek yith new bridge structures
will be likely with some project alter-natives~ The impacts of this
crossinq should be considered.
The alignment of a widened Sand Hill Road may impact the stanford
Golf course and require modi~ication of the current configuration
adjacent to the corridor.
Ti'.SK 6: ENVIRONMENTAL IMPACT REPORT
The Environmental Impact Report will he prepared consistent with
CEQA requirements. Preparation of an Initial study or ~lternative
method of determining the scope of the ErR., an Administrative
Draft, Draft and Final Impact Reports will be required. Impacts
yhich may be addressed in the EIR include, but are not necessarily
limited to:
0 Transportation
0 Land Use/Comprehensive Plan
0 Noise
" Air Qual i ty
0 Archeoloqy
0 Geology and Soils
0 Hydrology and Water
Sand Hill Request
for Proposals
7
Quality
11/29/89
· .
. " --
•. ~~ -,
Q
o vegetation and Wildlife
o Growth Inducinq Impacts
o Community Ser-;ices
o Visual Quality
o CUmulative
Actual impacts addressed ~ill be those determined by the City# upon
recommendation of the Consultant, to be reasonably necessary after
preparation of tne Initial Study or alternative scoping review.
TASK 1; MEETINGS
It is anticipated that numerous m.eetings will be held. with the
participating agencies and the public during and after the traffic
study~ For this scope and fee estimate the following meetings have
been assumed~
AGENCY MEETINGS
JPC 6 Two hour meetings
Palo Alto Council 2 Four hour meetings
Planning commission 2 Four hour meeting
Menlo Park Council 2 Four hour m-eetinq
Kenlo Park Planning 2 FOllr hour meeting
Menlo Park Transp. 1 Four hour meet!nq
Palo Alto St:!.ff 5 Two hour-meetings
Stanford Staff 2 Two hour mecti1195
Neighborhoods 2 Two bour !!ieetings
8CDOOLB
It is hoped that the environmental revieW' can be co~plE.ted within
a t'Welve (12J Dlonth periC'd. The consultant is encouragQ:d to
identify ways to expedite the project schedule.
PROPOSaL rMZOBMATiOR
Interested consultants are expected to submit ten copies of their
proposals .. The proposals should include the following information:
o A brief statement of the consultant's overall
understanding of the nature of the project and
the service.s to be provi,ded
Sand Hill Request
for Proposals
8
".-'.
U/29/89
o A detailed. description of
pr~-osed for completion of the
review ph~5e of the project
the approach
environmental
o Names of specific individuals proposed for
this project including their role, relevant
~~rience and estimated level of involvement
o Description of the proposed consultant team
and the responsibility of each member firm
o A schedule of the major 'Work elements
includinq identification of the .1.DEIR, DEIR
and FEIR and other key milestones
o An estimate of person days and dollar costs
for completing the work
o Thrae references includinq ~ontact name,
address and phone nu~r
o Statement of Affirmative Action compliance
COIfSULTA1Ff BILIeTYo. SCB"BDULE
Key dates in the consultant selection process are as follows:
Decembsr 4, 1989
December 8, 1989
December 15, 1989
January 9, 1990
January 10-17, 1990
January 19, 1990
January 24, 1990
sand Hill Request
for Proposals
9
Authorization to select
consultant
RFP mailed to interested
consultants
Preproposalconfer~nce (Manaatory
tor interested consultants)
Proposals submi tted by interested
consulta.nts
proposals revieYed by selection
panel
Shortlist of consultants invited
to make oral prese~tations
Oral presentations
11/29/89
••
January 24$ 1990
February 6$ 1990
February 7-16, 1990
February 21, 1990
Feb. 22 -Mar-cn 9, 1990
March 26, 1990
March 29" 1989
JPC recommends consultant team
to Finance and Public works
Committee
Finance and Public Works
Committee considers JPC
recommendation on EIR consultant
JPC chairs public scopinq
meetinqs in Menlo Park and Palo
Alto. Consultant attendance
req'.lired .
JPC m.eets and selects additional
alte.rnatives for-inclusion in
Environmental Review~
staff negotiates contract with
selected consultant and prepare!!
material for Council Packet
Palo Alto council awards
conSUltant contract
Authorization to proceed given
to Consultant
SBLBCTIOll CR.ITliIUA
The evaluation of the consultant proposals and 3election of the
shortlist will be based on the following criteria:
Qualifications and experience of
proposed project manager
Qualifications of key staff
Si~ilar experience and expertise
in the type of work required
Demonstrated experien~e and skill
in responding to comm~,ity and
special interest concerns
Demonstrated understanding of the
project
Proposed project approach
Sand Hill Reauest
for Proposals
10
15 Points
25 Points
15 Points
20 Points
10 Points
15 Points
11/29/89
'.-
'---
""( 0 Qt 0 Ie, C' '" c-. c ~ c. c.,:> ..".f. -----
•
N ..
, , , -,
• Attachment 8
DESCRIPTION OF ALTERNATIVES
The short list recotmnC'nded 'by the JPC and reviewed by the City
Councils included three primary alternatives. These are:
Alternative I: No Build Alternative
Alternative 2: Three Lane Alternative
Alternative .3: Four Lane Alternative
Alternatives 2: and 3 include three options (A,B,C,.) for the
treatment of the Sand Hill road intersection with El C~mino Real
and Alma street. These options are illustrated in Figure 2-1.
Option A would provide no access bet~een Sand Hill and Alma Street.
Option B would not permit access between Alma street and Sand Hill
Road but w~~ld add a left turn from Alma to southbound El Camino
Real. Option C would provide full access on all intersection
approaches including throuqh access between Alma street and Sand
Hill Road.
A description of the alternatives follows.
ALTERNATIVE 1: 00 NOTHING
This alternative would include no action. Existing street
geometries would be retained. A connection to E1 Camino Real would
not be provided.
ALTERNATIVES 2A. 28. AND 2C: THREE LANE ALTERNATIVES
These alternatives 'W'ould provide a two lane connection to El Camino
Real with turn lanes at Stanford Shopping Center parking
entrance{s). A third westbound lane would be provided on Sand Hill
Road between Arboret~m Road and Santa CryZ Avenue. Previous work
has indicated that it may be possible to provide three lanes on the
San Francisquito Creek bridge with only minor modifications. A
separate pedestrianjbicycle bridge ~ould be provided.
As part of the traffic analysis and prelicinary design of the
project, the following issues would be studied.:
o Confirmation of feasibility of using the existing
San Francisquito Creek bridqe for three lanes of
traffic~
o Desirability and feasibility of limiting access to
Sand Hill Road via Oak Avenue, Leland Avenue and/or
Stanford Avenue.
Sand Hill ~equest
for Proposals
12 11/29/89
o The need and feasibility of additional left turn
lanes at tt-e intersection of Sand Hill Road with
Santa Cruz Avenue a
o Impacts and benefits of options A .. Band C at the
intersection of Sand Hill with El ca~ino Real and
Alma street a
o Location of bike lane alonq Sand Hill Road.
ALTERNATIVES lA. lB. AND 3C: FOUR LANE ALTERHATII.t£S
Two throu9h lanes would be provided in each direction between El
camino Real and santa Cruz Avenue under t..~ese alternatives. A ne ...
two lane bridqe 'Would be constructeci parallel to the existing
bridge to provide the proposed fOI.J.r lane cross section. The bike
lanes would be p~ovided on the roadway shoulders on Sand Hill Road
bet.een santa Cruz Avenu~ and E1 Ca~ino Real.
The following issues would be studied as part of the traffic
analysis and conceptual design of these alternatives:
o Confirmation of feasibility tor continued use of
the existing San Franclsquito Creek bridge for two
lanes of traffic
o Desirability and/or feasibility of limiting access
to Sand Hill Road via Oak Avenue, Leland Avenue
and/or Stanford Avenue~
o The need and feasibility of additional left turn
lar.es at t~e intersection of Sand Hill Road with
Santa Cruz A .... enue a
o The. need for an additional right turn lane westbound
on sand Hill Roa~ at Santa Cruz Av~nue.
o Impacts and benefits of options A, B and C at the
int~rsec~ion of Sand Hill with E1 Camino Real and
Alma street.
Sand Hill Request
for Proposals
13 11/29/89
~ b
~ ... c/~ .;.-
-'
'-
J r El CAMINO REAL -"\.
.... r
~ .... @ OPTION A ;:
Q
Z < '"
~ ... / .;.-
~ '" ... -J r fL CAMINO RE.~L
...
.... I'
~
OPTION B
~ ;:
0 z
'" .,
~~ /
-' I ..
i'(
"-
oJ r El CAMiNO REAL -"\.
FIGURE 2-1
OPTION C ALM ... STREET OPTIONS
b~~~------------------ClCAlII{U.---' SFCI 21511<1."0
1.
2.
5.
6.
7.
8.
9.
.-.
FINANCEAND PUBLICWORKSCOMMiTIEE
MINUTES
Special Meeting
Tuesday, February 13, 1990
Cost Recovery: Spay and Neuter Clinic
Landfill Post-closure Care Financial Requirements
Household Hazardous wastg Disposal Program
Consultant selection, Sand Hill corridor Environmental
IlIIpact Report
Utility Rate SChedule -Lanafill
Underwriter Refunding Utility Revenue So:~s
Council Priority: Palo Alto's Economic FUture/Finance
and PUblic Works Committee Priorities
Oral Communications
Discussion of Future Meeting Schedules and Agendas
2
3
10
14
16
18
Adjournment at 9:55 p.m.
I'&PW: 89-90
2/13/90
o
HMIOB PASSED 4-0 ..
" .. CONSULTA...~T SELECTION I SAND HILL CORRIDOR ENYlRON71ENTAL IMPACT
REpORt
Ms. Harrison said during the budget proce!ls the F&PW co~mittee
regularly identified cons\11tant contracts under $20,000 they wanted
to review. The sole p~oject selected for 1989-90 was the
consultant selection for the Sand Hill Environmental Impact Report.
Chief Transportation Official Marvin Overway said the procedure
~as detailed in the staft report (CMR:153:0). The F&PW co~~ittee
had a choice of two firms.. After evaluation of the two, the
committee recommended EIP Associates as consultants for the Sand
Hill Road Environmental Impact Report.
Bill Peterson, 228 Fulton, was concerned about the scope of the
Req".Je;c::t for Pr·'Jposals (PIP).. Specifically, the north and south
boundaries o~ the eorridcr defined as oregon and Woodside Read, and
the east and west bo~ndaries were undefined in the RFP. He did not
know ~hether it was appropriate for him to address the effects of
tile Willow Road Expr-essway at the present time, but he did thir..k
the scope of the i~pact study was too narrowly focused and the F&PW
~ommittee had the right, and certainly the moral duty, to suggest
to the Council that the scope of the stcdy be exte:lded. The
proposed study, as it was written, assumed that willow Road
Expressway would never be constructed, yet the project under study
was two-thirds of the former ~411ov Road Expressway. It removed
one of the most significant traffic barriers to flow in that area,
and eliminatinq it could only increase the traffic. In particular,
one of Palo Alto's better neiqhborhoods~ North Palo Alto and parts
of Crescent PaL'k, ~ ... as the missing link of t.'le expressway. The
traffic impacts on intersections like Middlefield and. Lytton shO:L11d
he included in the EIR study; they were specifically omitted from
the maps and the discussion included in the RFP.
Vice Hayor Woo:!.ley said in reply to Mr. Peterson's comment, this
...,as not the point at w"hicb the City 'W'as going to deal ",ith scopil'.g.
The council had SpEnt tvo nights last .. ·eek 1 istening to 16 people
one night. and .32 on the second njght giving the Council ideas of
what should be inclua&d in the scope. Even though it might seem
the scope should be firmly se.t :before the RFP went out., as stated
in the staff report, the scope of the w~rk and the related costs
might vary from those indicat.ed in the RFP because of the public
seoping meetings scheduled for February 7 and 8, 1990. All the
F.PW committee was to do toniqht vas apprcve the conSUltant. The
sceping question would be taken up at a lat£r time.
15 Hr.: 89-90
2/13/90
•
chairman Fazzino commented that the Joint Policy committee (JPC)
t,;as planning to revieW' the public testimony lIihich occurred on
February 7 and 8, to determine whether the scope was to be
broadened or further limited.
Council Member McCown asked ~hether staff had any idea if the bid
figures of the two firms were going to hold as far as the scope of
the contract was concerned.
Hr~ Overway replied the m.ul'.her ....,ould 90 up, b'..lt tf'1.e professional
way to deal with the increase ~as to decide what wcrk needed to be
done, r-eview'Wh.at the firms said they would do, determine .... ·hat the
City ~as asking for that ~as different, and negotiate a price for
that difference~
Council Member McCown said if the Y'PW committee vas to recommend
that staff negotiate 'With ElF Associates, then on March 26 the
Council 'Would consider the actual propost!d contract with EIP
Associates. she asked 'What the se.quence 'Would be after the
FebrJary 21 meeting of the JPC.
Mr~ overway said at the meeting the JPC 'Would determine any
additional altarnatives ar changes to the scope of services. There
~ould be a meeting on February 22, and however many meetinqs they
needed thereafter ~ to hammer out the consultant's proposals for
any modifications and what the cost consequences might be. By the
March 26 K\eeting, 'When it 'Would come to the CouTicil for final
review and approval, the scope, the schedule and the price would
all be fixed.
Council Member McCown asked if the Council would act upon the
~ecommendation of the F'PW committee made tonight prior to March
26.
Kr~ OVervay stated that his understanding 'Was the F&PW Comrnltte~
would be authorizing the staff to negotiate the contract, but not
to sign it. The Council would need to authorize it~
Chairman Fazzino said on March 26 the council would net only be
approving the contract but also evaluating' ... hether or net the
Council was comfortable with the scope.
Mr4 overway aqreed that would be the time to do that.
Counci 1 Member Sutorius said in hindsight, the Y .. PW ccmnittee
probably should not have selected this item for review. There were
two members ot the council on the JPC and all the P&PW committee
could approve was negotiation with the particular cODsultant. If
it had cost any staff time, he regretted that because it
16 HPW: 89-90
2/13/90
,..
e 0
effectively 'Was a Z"\lhber stamp. He would be prepared to raise
questicn:s at the CO' .. meil level relative to seopinq and so forth.
but obviously the committee ~as not dealing vith that here.
Chairman Fazzino said many points reported in the newspapers as
discussions at the public hearings were of great interest to him,
and be wanted to make SlJrE that those poi!'l.ts were a part of the
study, but the city Attorney ~as not present and 60 he would rely
on the sound advice o~ his two Council colleagues who served on the
JPC, and 'Would agree -.ith council Me'Illl:ler sutor-ius that the F&PW
Committee's only appropriate action tonight 'Was to approve the
staff recommendation and vait until the March 26 meeting to get at
the substance of the study. If it needed to be changed at that
time as it :might veIl be, then he would suggest doing SQ. In
reading through the report, he vould certainly ~qree that the staff
had made the right recommendation based 'Upon EIP Associates'
familiarity with the project~
KOT.IOH; Council Member sutorius moved, seconded by WoolleYr that
the Finance and Public works committee approve the staff
recommendation to authorIze staff to negotiate ~'ith ElP Associates
and to negotiate ~ith [SA Associates in the event an agreement is
n~t reached with EI? Associates.
KOTION PASSED 4-0.
5c UTILITY BATE SCHEDULE -LANDFILL
Director o£ Utilities Richard 'iounq said Rates and Requlatio!'ls
Manager W. Randy Baldsch~n was relied on to keep track of all of
the City's rates increases. The staff report {CMR149:0} .... as a
smi::: ~ sample of some of the projects he had done for the city
r-eldting to a new project which completely changed some of the
City's approaches to rate making.
Vice Mayor Woolley said the project appeared very effective. She
asked if she was right that bet~een the budget amendment to approve
the receipt of revenues and the present budget amendment, the City
'Would net $lOO~ ooo~
Manager of Rates and Regulations w~ Randy Baldschun replied for the
present fiscal year, ~ith regard to utility revenue, the city was
looking at an increase of $5,000 in the electric fund in
transmission revenue and about $64,000 in the gas bills revenue.
Vice Mayor Woolley said her question related to net revenue.
Hr. Baldschun advised he was speaking of gross sales revenue. He
did not have the net revenue figure handy. About four cents a
17 F&PW:89-90
2/13/90
',.-<
Califot®ia
Fair Political
Practices Commission
~Iiel Pierre Cal¢nr.e
City Attorney
2SC Hamilton Aven~e
Palo Alto l CA ~4301
near Mr. Calo~ie:
Co;tcber 23, 1990
1\e: Ye' ... =-::<:equest:. for Advicl!'
Oc= File No. A-~O~292
This letter is in responSQ to a req~est Cer advice 5ub~itted
~.Q this o!fi~e by Mr. Jo_"lthe,r.y C. oer.J;etti~ for::r:er acting city at
torney for t~e city c! P~10 Al~O, r€qarding the dutias and
rQsponsibilities o~ the ~~~er5 of tte Sand Rill Corridor ~oint
Policy Conmitt-ee (the JIIcc::u::titt-eQ~) u:,.der-thQ conflict-of-interest
provisions of ~~e 201i~ical Reform Act (~~e ·Act~).1 our resPQnse
takes into co~side~ation your lette~s ot ~u~~st 24. 1950, and
August 31 1 19~O, endorsing Mr. Sennetti's re~est for advicQ 1
along wit..;. the. addi't:ier.e! infor.!la~icr; :ym.l n3.v. submitted for our
c.c:r:sideration.
1. The Sand Hill corridor Joint Pol~cy cc~~ittee is composed
of rapresantatives of the Cities o~ Palo Alto and Menlo Park alonq
~ith representatives of Stanford ~~~ver~ity, ~ private landQWner.
The committee ~ill act as an advi~cry bcdy to the city coun~ils of
the t¥o citie~ involved in t..'1.e project. C:3n aach of t".o
9overTI.lental agencies allo~ less than a qu~rum of their members to
form a committee with a private lan~~w~er to consider reco~enaa
t!ons to the governing oodies of these local age~cies vithout be
i.n9' subj e.ct to tl':.e disclosure 2nd disqualifica"":.ion pro· ... isions of
the Act?
z. Has the Sand £i11 Corridor Joint Policy Committee reached
the point whare its decisions are rm . .::tir.elr accepted by the city
c,Quncil wit.'1.out substantial a:menc .. j'Je~-t. or mcdi!'icatic~ .. such t..""1.at it.
should adept a ~ontlict-cf-intere5t code cr its non-elected
1 C-overrol:!;e.nt ewe Sectic.i.$ SlOOO-~lCl1.3. All st.a.tut.cry references
are to the Government Code unless ct:her-.. is2-ir..dicate<:1. colrtC1~.s5ion
requlaticns appe.ar at 2 California Ccd~ cf p.equlations S,;,ction
180~~, ~ §gg. All refQrences to regulaticns e~e to Ti~le 2,
Division 6 of t."le Californie. codl! of Regulaticns.
428 J Sue«. Sui,.8OO • P.O. &" 8C>7 • S""nmento CA 95&'4-<)807 • (916) 32Z-S66C
.rile Nc.
page 2
A-9C-292' o
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me!r!.=ers l:lQ a':::C:ed to ~e ci t::r ot Pd-lo Alto ccnflic~-'Of-inte:-es.t
code:
CONCLUS10NS
1. The Act does net gQvern t..~e lDe=:hers!';.ip cf aCl.vl.sor-y com ..
mittee.s.. f!o ... ever~ · ... hen an advisory COUlz:1ittee tlakes substantive
recoQmendaticns to a qcver~ee~tal aqency and these recommendations
are requla:ly approve~ withcut significant. modification, the
members of t~e cc~~ittae are public cfficials subject to the
4iscloGure and ~i$qu31ific3tic~ provisions of the Ac~. Moreover~
Palo Alto and Menlo rarx C~l;..."'l':il:r.e:".J::oers "'ho are also members ot.
t~e eemcittee r.ontir.~~ ~o ~Q s~ject to the ccnflic~-of-int~res~
provisions ef the Act ar.d way not influence gover~ental decisicn~
in which they have ~i~ar.cial interests.
2. The Sand Hill Ccr~icor Joint Policy committee has ~ade
certain reco:=endations ~~icn th. ?al~ Alto city council has
adopted.. HowQver, in each in5tance, these reco~endations have
ce&n adopted or amanded a!te~ public hearings a~d extensive
deliberations by the city co~ncil. rhe city co~eil has analyz~a
and cebated th~ iSS~ES pres~ntec by the cc~ittea, r~~5tad
adyice from staff, and cl't'Ected the ccmmittee to p:rcc~ed acc.ord:f.nq
to qui~clines pr¢viced by t~e city ~cu~cil. ~h~sl ~~e ~eaherg of
the commit':.ee are net p ... ::::lic officials subject to t~Q disclosure
and disqualificati~n previsions of the Act at this t~c.
FACTS
Sand Hill Road runs r~-..;ghly Clast-west from Interstate Hi9hway
2eO through the City of ~enlo Park (Kenlo park) in san Mateo
Cou."'J.ty and on throu<;h t.be city of Palo Alto (Fa!c Al~c) ir.. Santa
Clara County to its intersection ... ~itl:. _"rbcret"..i:il. RQad and th42nce on
by a circuitous route to El camino Real by way of the parking let
ef Stanford Shopping Cer.te= ~hich is privately cw~ec by the
Trustee~ of L~land Stanfcrd, Jr. University (Stanford). Stanford
cwns a ~ajority of the land i~~eciately adjacent to the north and
south of ~e rCdd ~lor.q the entire length in ques~ion, mu~h of it
undeveloped. Over th·;l years there have. bee.n vario!.ls discussions
and prcposals under a vari~~y of naces and epcnsorships for
extending Sana Hill Road in some ~~~er to connect ~ore directly
wit.h El Cam.ino Real. The pr-cposals ha .... e generally been
controversial and no ilnpr-:l'lemeht project has "teen successfully
i:nple!Jented.
In 1987, Palo Alto, Menlo F3rk, and Stan fore fo~ulated a
proposal for the Sand fiill Corri~or ~oint Policy Co~ittee. TWo
Palo Alto cour.ci Ime::n.bers l t· .... o Menlo Park counc~ !nembers# and t~ .. o
officials fro~ Stanford ~e~ to discuss a ·charter" ~r.d a
procedural fr~e~o~k for t~e conmittee. The charter and the
prc~edural trame~ork were ~eferred to th~ city co~cils of Palo
Alto and Menlo fa:x fer cp~roval. The eo~ncils of bc~; cities
•
approved thQ proposals ar.d the committee began meetinq from timG
to ti.me.
you indicate in your letter of August 31/ 1990. thet th. com
~ittee partially fu1fills the early public consultatian provisions
o~ the. california E:nviron::aental Quality Act, ~?"<.l1:1ic Resources Code
Secticn 21000, ~j; .$.§'S. and the State CJ::"QA Guidelines, Cali-fornia
coda of Requlations, Title 14, Sec~ions 15000, ~ seq. By provid
ing for p~lic i~put at ~~e ~arly stages of a p~oject, thQ commit
tee t~lfil~s i~pcrtant stata p~liei~s callinq for public
participation in the environmental revia~ process.
Additionally, attached to your of!"ice"s request fer ad.vice is
a memorandum frc~ your office to the Pa!o Alto city Manaqar dated
January ~O, 1990. The dcc~ent ~isc~s$.$ t~e history and status
of the committee. as at Janu2.ry.~ 1990, a1"ld includes a. copy of the
charter. The Palo Alto City Attorney has conclud~d that the Sand
Hill Corridor Joint Policy Co~ittee C~~5 not ~ossess d~cision
makin~ au~~ority within the meaning of Requlaticn 19700 (copy
Qnclo$ed) •
The ~~arter defL'es the role of the cc~i~~ee as follows~
CUring the tirs~ part of t~e projec~ the Com
mittee viII represent ~,e jurisdie~iens in the
disG~§sions with the consul~ant. The Co~ittee
will re'View the 'Work of the consultant and re.ccl:'.
mend to their respective juris~iction5 wh2t.~er or
nQt to proeeed as called for i~ the ·Fr~mework·.
I:: addition, the COIUlittee 'Will have the fol
lowing responsibilities:
1. The co~itt~. will s~r~e as a liaison to
the governinq body ot the respective juri:s.;1ictions.
24 The Cowmittee will identify policy level
decisions ~~at should be reierred to the g~verninq
boaies for acceptance.
3. The committee will provide a forum for the
prlli$entation of views from the. pu:b:ic, as the
project ~oves into ~~e later sta~es.
4. The co~ittee will monit~r the progress of
the project and be responsible for ccordi~atinq the
timing of various stages.
5. The Co~ittee ~ill review and recommend
financing plans for the projQc~.z
2 Ch.rter, Sand Hill Corridor Joi~t Policy committee, June 3.
~987.
File No. A-90-29~
Page" W
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In subse~Qnt cor=esponde~ce you have s~wmitted to cur ~tten·
tion .inutes of ~eetinq5 ef the falo Alto city council and statf
report~ pertinent to tne activities ct the committeQ. I~!o~tion
contained in thQsa materials indicates that since the Jan~ary
semo:ar.dum o~ L~G city attorney, the co~ittee has considered the
p:t"Oposals ot environme!'ltal Impact report consultants, which were
5creened by City of ~alo Alto staff, and is ready to make a recem
•• nda~ion regarding the Envi:or~ental i~p~ct rQport te the ~ity
council.s of ?alo .P.' __ to and Menlo Park.
ANALysIS
s .. ctio:t 6'7100 prOhibits .a public officia.l from :nakinq,
participating in makjnq, or in any way atte~ptinq to i~fluenc~ ~
qov*rnmental d£cisior. in whic~ the official ~~ows or has reason to
know he or she has a financial int~.!".st. In furtherance of the
prohibitions of Section a110a. each state or local qcvernment
agency must adopt a contlict-ot-interest ~~~e. (Section 87300.~
Conflict-of-interest eoeE'S are. required to identii'r tldesi9nated
employees· and assign to those Qesignated positions appropriate
eat*9~ries of financial disclosll~e. Fach cor.tli~~-of-interest
c;ode is r.quired to specifically enumerate the p,.;sitions 'Within
the agency Which involve ~aking or participating in makinq
gover~ental decisions which ~ay fo~eseeably have a ~atcrial
financial effect on ar:y econo:'Jic interest. (Sec't.ion C!73 02 .. ) The
City ot Palo Alto is a local goverr~ent agency and it has adoptad
a contlict-of-interest code.
We now proc~ed to dete~ine ~hether mencers of the co~ittee
are designated employees who sh~~l~ be in~ludac in ~~. eityJs
conflict-o~-interest code. The tarm "d~signated emplQy~e· is
defineQ in Section 82019 to specifi~ally exclude unsalaried
members of boards cr cOmQissicns whi~h serve a solelY advisory
function. Regulation lS700{a) (1) provides guideline.s in determin
ing whether a beard or CO~i9sion is ·solely advisoryn or has
decision-makin9 authority. It provides:
-P1Jblic official at any level of state or lo
cal government-weans every natural ~rson vho is a
m~r. officer, employee or consultant of a state
or local qovern~ent agency.
~Membern shall 1nclude~ but not be l~ited to,
sal:ried or unsalaried ~ecbers of boards or commis
sions with deci5ion-~akinq au~ority. A board or
commissi~n possesses decision-~akin9 au~~ority
whenever:
(A) It may make a final gcvern~en~al ceci-
sion;
(B) It ~ay cocpel a gover~ental decision; or
it may prevent a gover~~ental decision either by
•
:;il0 No~ A-90-29 __ n.
Paqe 5 ~--.:.,~
rea50n of an exclusive power to initiate the deci
Jlion or :by rea.son of a veto .... hich. ::ay net be
overridlen; or
(el It makes substantive recomoendations
vhi~~ are, and over an extended period Qf ti~e have
been, re.gula:rly approved .. ithcut significant amencl
mont or ~odi£i~ation by another public official or
qovernm~ntal agency_
Regulation 18700(a)(1).
A~,lyin9 ~his reg,Hatior, to your facts, we conclude that the
committee does nQt PQS5SSSes decision-makinq authority, because it
d~8 not make ~bstantive recommendations ~hich are regularly ap
prove4 without significant ~ification by the city council of the
City of Palo Alto. In general, the rolg of the committee has been
to recommend a procedural fra~e~ork work plan for imple~entation
of the project.
The committee's charter states., ~ liiA, that the commit
tee wi11 review and recoamend financing plans for the project and
id.entify policy level de'ci:£icns to be referred 'Co the city
councils for acceptance. The p·ll~se ot" t..'le cOQ!D.itt.ee Is to aaopt
a tramework ~hlch ~ill constitute ~~e ~o~k plan for the project~
Pu~suant to the provisions of its charter, th~ committe~ bas, at
the direction of the city council, contracted for "J':Ie s4rVices of
a consultant selected and re~ommended by city staff. Under the
direction of the committe., this consultant has developed
procedural ~idelines for the project. At all ti~e$, the recom
mendations of the committee have been subject tQ exter~ive
deliberation by the City council of the city of palo Alto. The
public has bee . .-, afforded alllple cpPQrttmity to COIImlent on each
recommendation. ThQ committee does not make, compel, or prevent
any final decisions. (See In re Rot!:1~_ll (1967} 10 FPPC Ops~ 1,
copy ~losed.) It is merely analyzing alternatives for comple
tion of the project and submitting its findings to the PalQ Alto
City Ccunci~ for consideration.
So far, all the recemoenda'tions of th.e cOiDDIittee have been
approved by the city co~~cil of the city of Palo Al~o upon submit
tal. Howaver, as the minutes of the Palo Alto City Council
indicate, prior to adoption ot a recommendation as submitted by
th. committee, there has teQn extensive debate, input from the
public, and, with one exception, modifiCations and amen~nts to
the committ.~'s recozmendations prior to adoption. For ex~ple,
on November 12, 1987, the committee reviewed an~ adopted a
procedural framework work plan developed by staff. The purpose ot
the document is to identity and describe a process to be follow.d
for the completion of the Sand Hill corridor project~ This
proceQu.ra~ framework -was approved, in amended form, by the city
council of the City of Palo Alto on 3anuary 4, 1988, and by ~~e
city council of the City of Menlo Park on FekJriJary 2, 1985 ..
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On ~ay 16~ 198a. the cc~:ttee reviewec t~e staff reco~enda
t.ior: o~ a c::onsul'tan1:. to ce· .... e!cp the prcce<lu.!'al fral:le ...... ork fot" the
S~nd Hill Project.. ThQ ecnt-ract "'"as sJ.;.bmit~Qd tc t..~e Palo Alto
city council fgr approval. It appears that the Palo Alto City
Council approved the rQco~~endation ot the committee without
modificatio.n.
On Cece~er 12, 1968, ~~e Palo Alto Ci~y Coun~il held study
ses.!Iions on conceptual alte:."n;~":iv~$ fel" possible. s~nd Hill Ro.ad
extensions. Th~ e~~i~taQ h~d icentified seven pos~ible alte~e
tives for i~plementing ~~e project and ot~er alternativ~5 wer.
under consideration. No de:isions had yet been ~de as to Which
alternatives to pursue C~ i~plenent. ~~e Palo Alto City council
ena~rsad three conceptua~ alternatives for f~t~e EIR evaluation,
directed the committee and t~e consultant to proceed with Part B
of ~e Procedural Frame~ork ~crk Pr~~am, and apprc7ed outlined
proceduras fQr a possible Sancl Hill Road Extension ZIR and
tlre.lim:irtary desig-n phase:. As recc,mm:ended by staff, the Palo Alto
City council also a!'proved a cudqet a!:end:r.ent ir.c~easinq f 1.lndir'lq
for the procedural fra~awork ar.d ~pprcved ~oCification to ~~e
consulting serviGes agree~ent e:qpanQing t~e scope Qf York in part
6-of the Prr,"'edural Frame"..oi:l!".tt:..
On March 13, 1ge9~ the Palo Alto City Cc~cil cond~cted a
public hearing and disc4seed the recomEendations su~~itted by t~e
committe.e. The consultir:~ .eo;rCeC8'i,t for the procedural framework
was ~pprovEd as a~ended by the city council. ~e c¢nsultinq
a9T •• ment was aJ:ended onCE: agaii'l on April 10, 1989., and on
DecembQr 4, 1989.
We CO r'lclude, based upon the i::-::!orn.ation su1::mitte.d to us, that
the committee is at present solely advisory in nature and its
m~er$ are not subjec~ to the cvn!lict-of-interQs~ provisions o~
~he Act. The camrnittee has submitted various reco~endations to
~be Palo Alto City Council, but these reec~~Endations have been
.crutini~ed and amended prior to approval. While it is a close
casQ, we believ£, on balance, that t~e committee has not
established a record sufficient to s~~. t~at the committee is a
de.cision-c.akirlg' body purs:o.ant to Reglllation lS70C{a) {l} eCl.
Secause the co~ittee does net have cecision-making authority, its
m.mbe~s are not subject to the ccntlict-of-interest provisions of
the Act.
We-note, boweve=. tha":. t.his advice is subject to chanqe as
the project develops. According to the ir.fo~ation provided l some
recommenc~:t-icns of the comr:lit'tee h2lve t:een appI'"o~Ted ...-i thoY-t
sianificant amendwent or modification. If a pattern of such ap
proval oc~~s, it is likely that the co~ittee would become a
decision-makin-g bod~~ for-pU!"pQses 0: t...":l.e Act.. Eor e..xa;c;;ple. if the.
purpose of the co~ittee is to provide input in the initial
stages, the co~ittee .~uld not b~ ccnsidered a decision-making
body. However, if the committee continues to exist as the pr~jec~
develops and its input constitutes an on-going process, then the
co~ittee would b6 conside~ed a cecision-making body feL purposes
•
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• File No. A-90-29_~
Pa'l'e 1 ~ o
of ~,e Act. rn tnis event, the committee
adopt a ccntlict-o~-interest cOda ~nd its
to the contlict-of-interest pro~ision6 of
~ould be required to
members would ~. aubject
the Act.
Moreover, as stated above, Section 81100 prohibits ~ny publIc
o.fticial from making', p6rticipatin,q in ... or a~temptinq to us. his
or her o~ficial position to in~luence any qovernmental deci~ion in
yhich ht or she ~novs, or has reason to know, h. Qr shQ has a
financial int.~st. At the pres.nt ti~es beinq a Member of the
sand Hill corridor Joint Folicy committee does not in and of
itself ~ke one a "public official-~ar purpcSQS of ths Act.
However, it must be rememhered that members of the Palo Alto city
counci1 are public officials and continue to be subject to the
eo-n:flict-o:lf-int~rest previsions of tile )l,ct~ ThUS, members o£ t."le
Palo Alto city Council ~ho are also members of the committee ~t
rafrain fr~ making. participating in, or attempting to use their
official position to ir=fluence any qoverr.Jilent-!l:l decision in which
they have a financial interest.
We trust this letter adeq~ately responds to your inquiry.
Should you b_ave any further questions r.Qqarding this matter I" do
not hesitate to call ~e at (91~) 322-590~.
Enclo::5ures
Sincerely,
Scott Hallabrin
Actins General Counsel
-::? ~ r. ~~~~;.5L-
By: Blanca M. Breeze
Counsel r Legal Oivision
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April 19, 1990
HONORABLE CITY COUNCIL
Palo Alto, california
STATUS OF SAND HILL ROAD ENVIRONMENTAL STUpY
Members of the Council:
This is an informational report, no Council action is required.
At its February 26th neeting, the Council requested that the city
Attorney contact the Fair Pol itical Practices Commission (FPPC) and
report back ~egardinq the question of conflict of interest, as it
relatll!s to the Sand Hill Corrldol' Joint Policy Committee. J._ letter
has been sent to the FPPC regarding this matter, and a response is
anticipated within the coming weeks~
At the same time, the Council specified that its consideration of
the approval of th~ consultant contract, for the Sand Hill ~oad
Environmental Impact Report, should not proceed until the above
issue is returned to Coyncil~ In the meantime, staff has continuea
negotiating the terns and content of the consultant contract, in
anticipat,ion of the time 'When the contra.ct will be bn~U9ht before
the Council~
Because of the time delay caused by the need to raise the conflict
of interest issue '".-ith the FPPC, it is no longer possible to
complete the approval of the EIR consultant contract, in sufficient
time to permit the cOilection of traffic data for the environmental
report prior to ~~e end of Hay~ Thereafter, seasonal variations,
due to summer school closures, can produce atypical reslllts~ If
the traffic data is not collected before the er~ of May I the next
suitable time would be in October, ~ith a corresponding delay in
the conduct of the study.
In order to keep all options open, ~nd avoid a possible five month
delay in the study, staff is proceeding with the development of an
alternative arranqement for collection of the. necessary traffic
data prior to the end of Hay. Stanford has agreed to retain the
services of a qualified traffic consulting firm, to collect the
necessary traffic data tor the subject sb.lay~ The data to be
collected will be specified by City staff, in consultation with th~
consultant selected to do the environmental study. This approach
is similar to the manner in ~hich stan£o~ is directly contracting
CMR,266,Q
'"'---.
o
'With the firm of Brian Kanqas Foulk to provide the engineering
aspects of the conceptual designs for each project a1 ternative,.
for use by the EIR consultants. Once the traffic data is
collected, Stanf.ord will provide it to the City for use by the EIR
consultant, at such time that!. contract is approved by council.
The types of traffic data to be collected involve: (1) peak hour
traffic volume and turning movement counts, (2J daily volume counts
on roadway segments, (3) origin-destination survey of traffic
within the area, including the 5hoppin9 center entrance, Al~a, and
the u-turns at Cambridge Avenue, (4) peak hour travel time surveys
301009 alternative tra .... el routes, and (5) vehicle classification
counts. The collection of this data will be re.moved from the scope
of work for the ErR consultant contract. The analysis.
interpretation, and presentation will remain within the scope of
work for the EIR contract.
By proceeding in this manner, work can begin on the preparation of
the environmental study, as soon as cot!ncil approves the EIR
consultant contract. In the ev~nt that Council decides not to
proceed with the ~nvironmental study, the City's liability
regarding shared costs would b$ as provided for in the Sand Hill
corridor Study Agreement (CMR:565:9).
On a separate but related matter, Assemblyman Byron Sher is
proceedinq with efforts to have appropriate language included in
A~$e~ly Bill 2785 that would amend Section 414 of ~~e ·Streets and
Highways Code-. The amendment would change the statutory
definition of Route 114 from, -extending from Route 280 in Menlo
Park to Route 84-(Dumbarton Bridge); to -extending from Route 101
in Menlo Park to Route 84.-Menlo Park, Stanford university, and
Palo Alto have all expressed their support for such action.
Respectfully submitted,
~-
HARVIN L. OVERWAY
Chief Transportation Official
"--1 ~ : .. \ . . .
,~C~<=·
WI LLIAK ZANER
City ~a:naqer
-------
CC! city of Menlo Park
-;U,,~dr <' ~~d;J
KEIINETH R. SCHREIBER
Director of Planning and
community Environment
Stanford University (Suzanne SChaffer. Robert Freelen~
Andrew Doty, Julia Fremon, Michael McKnight, Lee Thompson)
sand Hill Corridor Distribution List
CHR:266,Q 4/19/90
Page 2
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