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Home My WebLink About0377.091• > Ai July 18, 1991 HOI/ORABLE CITY COUNCIL Palo Alto, California 2 N\El!OMENT TO AGREEMENT BETWEEN STANFORD UNIVF:RSIT'l AND CITY OF PALO ALTO BE: SAND HILL ROAD Members of the council: The purpose of this staff report is to recommend that the Council apprave Amendm~nt No. 1 (Attachment 1) to the Sand Hill Corridor Study Agreement, between stanford Unive~sity and the city of Palo Alto. On June 10, 1991, Council considered an am~ndment to the Sand Hill Corridor Study Aqreement (CMR;3l6:9l; June 6, 1991). At that time, council approved th~ revisi~n to the agreement, vith direction to the City Attorney to clarify in the agreement that the Sand Hill corridor Joint Policy Committee (JPC) has been disbanded. The attached Amendme.nt No. 1 to the Sand Hill corridor study Agreement includes the same text as the. 'Wording approve.d by Council O~ June 10, 1990, with the addition of Section 2 clarifying that the Joint policy committee (JPC) referred to in the agreement has been abolished. Due to changes necessitated by the passage of time, the agreement with EIP Associates for the preparation of an environmental impact report is scheduled for council consider~tion and approval as Item No. 21 on the same aqenda as this particular item. RECOMMENDATION: Staff recommends that Council approve Amendment No. 1 (Attachment 1) to the Sand Rill Corridor Study ~9reement between Stanford University and the City of Palo Alto~ 0!R:377:91 • '. , ; - Respectfully submitted, MARVIN L. OVERWAY Chief Transportation Official Assistant City Manager ~:J:t:tI{ -/ A/:t'A;1 KENNETH R. SCHREI BER Director of Planning a~d community Environment Attachments: 1. Amendment No~ 1 to the Sand Hill Corridor Study Agreement. 2. Sand Rill Corridor Study Agreement, February 20 1 1990. cc: city of Menlo Park stanford University (Suzanne Schaffer, Robert Freelen, Andy Doty, Julia Fremon, Michael McKnight, Lee Thompson) Sand Hill Corridor Distribution List CMR:377:91 7/18/91 Page 2 • "-~'."".'.' .. '~"'" .. -"-.. ---,. - '. -j , I - A>(ENDIIlINT 110. 1 '1'0 SAlID RILL COlUtIOOR 8TOllY AGR!!ElIZH'r THIS AMENDMENT, is entered into en , 1991, by and bet~een the CIT¥ OF PALO ALTO, a municipal co~ration of the State of Ce,litornia, referred to herein as '""CITY-, and STANfC?.D UNIVERSI'f¥, referred to herein i!!S "S1'ANFORD" ~ nelT)'l fIi (A) On February 20, 1990, CITY and STANFORD ente:re~ into an agreement entitled ·Sand nill corridor Study Agreement-, referred to herein as -the Agreement-. (5) CITY and STANFORD desire to amend the Agreement so as to clarify the provision regardinq reimbursement of costs, and to recognize in the agreement the earlier decision of the City of Palo Alto, in agreement ~ith the city of Menlo ParK, and with the understandinq and agreement of Stanford, to abol ish the Joint Policy Committee (~JPC·) referred to in the Agreement~ NOW, THEREFORE, the parties hereto do hereby agree as follows: SEctION 14 The Aqreemen~ is hereby amended by amending Paragraph (4) thereof to read as follows: -(4) CIT¥ agrees to reimburse STANFORD for one hal! of all funds advanced tly STANFORD to the CITY for the Sand Hill Corridor Procedural Framework, traffic studies I preparation of an EIR, or alternative conceptual roadway designs if the CITY terminates the PROJECT prior to the tiling of a Notice of Determination (-NOD") on the PROJEC'I'. The CITY shall not be obligated to reimklurse STANFQP_D if the CONsnmCTION is !'lot ade~Jately funded. If STANFORD terminates its involvement in the P".l<.OJECT prior to such termination of the PROJECT hy the CITY, STANFORD shall be o~li9ated to make the advances, as otherwise set forth herein~ for the costs o£ the PROJECT committed prior to such termination by STANFORD~ and STANFORD shall not be entitled to the reimbursement by the CITY as d~scribed in the first sentence of this paragraph. Similarly, neither the commencement nor the prosec~tion by a third party of litigation regarding the PROJECT shall trigger the reimbursement obligation of the crTV under this AGREEKEN1' e ~ 1 1 \' I , ~ .. ". , t , 1 ~, ~ .... • ----_._ .. ' • ,... ._,,,,._U!I!!,.!IlIII!I.I'[ .' __ ..... o ~LQlL.L The parties to the Agreement hereby agree and declare that the 30int policy committee (wJPC·) referred to in the Agreement has been abolished. ATTEST: City clerk APPROVED AS TO FORM: Senior Asst~ City Attorney APPROVED: Assistant city Manager Director of Finance Director of Planning and community Environmen~ 2 C1T~ OF PALO ALTO: By: "'=-ay-c-r---- STANFORD ,PNlVERSITY , ! I By ~'j-~y-~t---= ~Ipresident for Administrative Resources i I I J f I l - • .. o ATTACffi'1:ENT 2 Agreement No. Document No. SAND EILL COiL~.IDOR 5'tUOY' AG.?...EEM:ENT THIS AGREEMENT, E~~ERID INTO ON *4('111} #/ /996, is bet ... een the CITY of PALO ALTO, a mun~cipal corpo~ation c~ ~~e S~ate of California, referred to herein as ·CITY·, and Stanfcrd University, referred to herein as ·STANFORD". RECITALS (A) CITY AND STANFORD c.esire to have i::r.:prove:t:ents (the -Improvements"J nade in the Sand Hill Road corridor to facilitate improved traffic circulation in the area. eE) C.ITY is prepared to authorize the preparation of i!.:1 En~"ironme::'ltal Docu:ment under CEQA guidelines to evaluate the potential enviro~~ental impacts of ~~e potential iMpro~ement alternatives in t~e Sand Hill Corridor. Preparation of tr.e Environmental Document along ",-i th the traffic study a:1c conceptual design that may ~e required is referred herein as t~e ·STO'DY-. The construction of the preterred alter:lati"lte of t~E: Improve~ents shall hereinafter be referred to as the wCONSTRUCTION". For purposes of L~is Agreeme:lt, t~e STUDY together ~ith the CONSTRUCTION 5~all be refer~ed to as th€ 1 of 5 • - " .~-. , '. ·~Vi~·",.*;~. . . :i~~~·(~~_·_.~ _______ ~_ ·PROJECI"· a The "Sand. Hill Corridor Procedural Frame*,ork" is t~e process which considered th£ above-noted conceptual alternatives ,and work tasks tor t?1e EIR preparation a::1d 'Which the CITY pr~vicusly authorized and ST&VFORD f~nded. (el CITY and STANFORD together with the City of Menlo Par~ have fo~ed a three party Sand Hill Corridor Joint Policy committee {·JPCW). The purpoEe of the JPC is to oversee the STUDY and to prcpose alternative soluticns fer consideratio~ by the two cities and ST~ORD. {J::) 'Ihe JPC, during t:"e course of this STT."DY 1II'i11 cOl"'.ti:::ue to: c Act as a liaison c~nng the CITY, STfu~FORD a~d the City of Menlo i'ark; o Provide a fcr~ fer p~lic views; and o Review STU"DY cesisns ar.d monitor work perfo~ec. (EJ The CITY A.."'l'D S'TANFOR:') intend to pu.cs:..1e alterr.ative sources for funding the STrry and for the CONST~UCTION. Alternative funding 5C'Urces to be ccnsidered shall include, l:;-.;t net be limited tO I ~ssessme~t district finan~ing. (F) It is understood that STJu,tFORD'S r=-sou.:rce.s a=e li!r..itsd (ST}~FORD has authorized the expE~diture cf no more. tha~ $4 Million for the PROJECT), and that nothing he=ei~ requires fundir .. g of the CONSTRUCTION' by the CITY. ? of 5 \ - o NOW THER.!FC:RE', !T IS M1JTt'ALlY AGREED AS FOLLOWS: (1) CITY agrees to act as the lead agency tor the preparation of the CEQA Environm~ntal Document for the Improveme~ts~ In ~~is capacity, the CITY will be responsible tor: (a) selection and contracting with, and administration of, all consultant services procured to assist in ~~e preparati~n of the STUDY~ This sh~ll be accomplished through consultation with the JPC anc the particip~tion of STANFORD. (ll) providing staff resources requir~d to review ar.d administer the SruDY~ (c) Final sel~ction of alternatives to be studied. This shall be accomplished throug~ consultation with the .,TPe. Cd} Determining the type and scope 0: envircr~~ental document required .for t..'e STUDY. This sball be acc~mplished in consultation with the JPC. Ce) conducting of all pu=lic bearings, incl~ding arranging all meetings and publishing cf ~blic Notices; 3 of 5 • ---'"'~--' -,. '" --;-~--"~'.;-'- ";;--"';;;. , __ ~,.~. ilill_. will: o (tJ preparing t~e Notice of Preparation and the Nctice of Completion of a Draft EIR. (q) Preparation by consultant and approval l::y CITY of concept-:.Jal roadway qeotletrics a:r.d desig::-.: features fer all proposed improveme~ts to be ~5e~ to scope the EJ:R. (2} STANFORD, as a contributor to the cos~ of the STCDY {a) Subject to the cor.ditions described herein, advance to t1:.e CI'I'Y sufficient funds toO pay for the costs of the STUDY through t~e conpletion and certification of the Environmental Ccc'..l.""!Ioe::.t. Such advances shall be paid in ~~ases. (0) F.eview all STf':lJY celive~a..=les a:-.d provide i!"lp1.2t to the CITY I as the lead age:-.cy. (:3) CITY shall 51.lpply S'IJo.~',·rrORD with copies of all invoices paid from fur.ds advanced by 5~k~FORD. &~y funes adva~ce~ by ST~70RD during the STUDY and net used in the ST~DY 5~a~1 be refunded to STANFORD after final accounting of STUDY ccs~s. 4 of 5 I 1 \ • , i I I ! I - Q {4) CITY agrees to reimbursa STANFORD for one balf of all t~ds advanced by ST.~FORD to the CITY for the Sand Eill Corridor Procedural Fr~e~ork, traffic studies~ preparation of an EIR, or alternative conceptual rcadway designs i~ the CITY terminates the FROJLCT prior to the issuance of authorization to sta~t CONSTRUCTION' by the CI'lY I s P'.lblic: Works Oirector. If STA..'lFORD terminates its involvement in the :PROJEC'l' prior to such termination of the PROJECT hy the CITY, ST~~rO?D s~all be obligee to ~e the advances, as otherwise set forth herein, for the costs of the PROJECT committed prior to such terminatio~ by STANFORD, and ST}~FORD shall root be entitled to t~e reimbursement by the CITY as described in the first 5e~tnce of this pe~agraph. STANFORD UNIVERSIT¥ CITY OF i'AT..,o ALTO By: -~--Hayor Title: Administrative Resources ''\ i Assista"t City Attorney , I 5 of 5 , • OT ED APPROVED AS TO CON,ENT ")~c 0",,,; ... , Director of Fla~n~nr CG~~unity E~vir~-