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HomeMy WebLinkAbout0135.093~staff t W' ,., '01 _____ _ January 21, 1993 HONORABLE ClTY COUNCIL Palo Alto, California TERHIN.!.TION OF SAND JilLL CORRIDOR STUQY AGE.&.;;_M_~NT Members of the Council: REPoRT IN BRIEF 4 The purpose of trds staff report is to reco-rn:rneni..i that the Council agree to terminate an existing Sand Hill Corridor study Agreement, dated February 20r 1990, between the City of Palo Alto and Stanford University (Attachment 1). BACKGROUND As part of the most recent past (1987-1992) effort to study the S3.nd Hill Road exter,sion project (Procedural Framework, Joint Policy Co~~ittee, etc.), an agreem~nt was signed between stanford and the City, whereby the city agreed to do certain thinr;s, including the possible payment of one-half of the ErR casts to Stanford, if certain conditions occurred at the time of project approval. Stanford has no .... indicated its intent not to pr-oceed ' .• rith the earlier sand Hill Road project for ~hich the subject agreement was developed l and has in fact submitted an application for a new and different project involving the expansion of the shopping center and extension and improve~ent of Sand Hill Road. stanford and City s~aff a~~ce th~t (a) the ~ubject agreement is no longer relevant s~nC6 the earlier project for which ~t .... 'as developed will not be pursued. and (b) no such arrangement should be considered for the new projec~ now proposed for study. Therefore, both parties agree that tt.e ~ubject agreeC1ent should be terminated. To this end, Stanford sent a letter to the City (Attachment 2) terminating the Agreement and requE:'_stirlg that the City acknowledge its agreement to the ter~ination. CMR:13:':93 ;-; .. .., sta.f-t recommends that counci 1 app.rc,ve a rnoi:.ion to tl?rminate the existing: Sand Hill Corridor StLdy Agreement, dated February 20, 1990. bet ..... een the City of Palo Alto and Stanford University (Attachment 1), and direct the city r'!anager to acknowledge the City's agreeme~t to th~ te~rnin~tion. Respectfully submitted, MARVIN L. OVERWAY Chief Tr~ation offIcIal city Manager ;f?1rKcd;f ~J~ KENNETH R. SCHREIBER Y Director of Plannl.ng and Comt1unity Environment ~~k~m/YO "Attachments: 1. Sand Hill Corridor Stud}' Agreement dated Febru~ry 20, 1990, including Arnend~ent No. 1 dated September 30, 199) 2. Letter from Stanford University to Palo AIt-.o, dated November 23 1 1992 CC: city of Menlo Park (Jan Dolan~ Don De La pena, Don Dey) Stanford University (Andy Doty, Bill Phillips, Diane Healey. David Neuman, Julia Fremon, SIJsa;, Herald, Mike Kuntz) Sand Hill Corridor Distribution List CMR:135:93 1/21/93 Page 2 \ • ~:. o ATIACHlIlENT I AgreernE!".t Nc . THIS AGREEMENT, EtlTFrt..ED INTO ON ::t?4lj1(j r;l.6/ ... l..!i!L¢1 is betlo,reen the CITY of PALO ALTO, a municip~l corpora~ion of the State of California, referred to herein as KeITY", and St~r.ford Ur.iversity, referred to herQin as "ST~~FORDH. REC2:TALS (A) CITY AND STANFORD desire to have improvements (the ~Improvement5") made in the Sand Hill Road Corridor to facilitate improved traffic circulation in the area. (B) CITY is prepared to authorize the preparation of an Environmental Document unde!:' CEQA guidelines to evaluate the: potential enviroIll'1ental impacts ot' the potential improvement altern3tives in the Sand Hill Corridor. preparation of the Environmental Document along ~ith the traffic study and conceptual design that may be required is referred herei~ as the "STUD'll!. The construction of the preferred alternative of the ImproveEents sha~l hereinafter be referred to as the "CONSTRUCTION". For purposes of this Agreementl the STUDY together "\lith the CONSTRUCTION shall be referred to as the 1 of 5 o o "PROJECT". The "'Sand Hill Corridor P::-oced-,H"a 1 Frame'.,Iork" is the process • ... hich considered the above-noted cQn-:et:tual a1 tern.'!.tives and work tasks f~r the EIR preparation and ....,hic~ the CITY pre.,.·iClusly author~zed and STANFORD funded. (C) CITY and STANFORD together ~ith the city of Menlo Park have formed a three party Sand Hill Corridvr Joint Policy Committee (nJPCu). The purpose of the JPC is to oversee the STUDY and to propose alternative solutions fer consideration by the t·wo cities and STANFOP,D. to: (D) The JPC, during the course of this STUDY will cont:T,ue o Act as a liaisoTl a:nor..g the CITY I ST}..NFORD and the city of Menlo Pa'r"k,. o Provide a f~rum for public views; and o Review STUDY designs and monitor work performed. (E} The CIT'l AND S7AHFORn i::"l.tend to pursue alte.l'I:.ative sourcas for ,funding t.he STUDY and fo!:" the CONSTEUCTION. Alternative funding sources to be considered shall include, but not be limited to, assassment district financing. (F} It is understood that STfu~FORD'S resources are limited (STANFORD has authorized the expenditure of no more than $4 Million for the PROJECT), and that nothing herein requires funding of the CONSTRUCTION by the CITY. 2 0-: 5 • --_w ...... r., o NOW THEREFORE, IT IS }rJTt,"'ALLY AGREED AS fOLLOWS: (1) CITY agrees to act as the lead agency for che preparation of the C.EQJI~ Em,ironmental Document fo-r the Improvements 4 In this capacity, the CIT'i will be responsible for: {a) Selection and contracting with, and administration of, all consultant services procured to assist in the preparation of the STUDY. This shall be ~ccomplished through consultation ~jth the JPC and the. participation of Sl'ANFORD. (b) Providing staff resources required to review and administer the STUDY, (c) Final selection of alternatives to be studied. This shall be acco~plished through consultatlon 'With the JPC .. (d) Determining the type and scope of environmental doc~ment required for the STUDY. This shall be accomplished in consultation with the JPC. (e) Conducting of all public hearings, including arranging all meetings and publisrdng of Public Notices; 3 of 5 ,- ; ;j I I I i I will: o (f) Preparing the Notice of Preparation ar.d. the ~:otice of Completion of a Draft EIR. {g) Preparation by conSUltant and approval by CITY of conceptual roadway geo~etrics and design features for all proposed improvements to be used to scope the EIP.. (2) STANFORD, as a contributor to the cost of the S7JDY (a, Subject to the conditions described herein, advance to the CITY sUfficient funds to pay for the costs of the STUDY through the c':lmpletion aT'td certification of the Environmental Document. Such advances shall be paid in phases. (bJ Revie ..... all S'TIlDY deliverables and provide input toO the CITY, as the lead agency. (3) CITY shall supply STANFORD with copies of all invoices paid from funds advanced by STAFFORD. &iY funds advan=ed by STANFOHD during the STUDY and not used in th~ STUDY shall be refundEd to 51'ANFORD afte.!" final accounting of STUDY costs. 4 of 5 i ".1 , , ~ ~ .-' ... o (4) CITY agrees to reimburse STANFORD for one half of all funds advanced by STANFORD to the CI1"{ for the Sa1")d Hill Corridor procedu!"al Fram.~work, traffic studies, preparation of an ErR/ or alternative conceptual roadway designs if the CITY t.erminatss the PROJECT prior to the issuar.ce of authorization to start CONSTRUCTION by the CITY's public Works Director. If STP~FORD terminates its involvement in the PROJECT prior to such termination of the PROJEC'r by the CITY, STANFORD shall be obliged to make the advances, as otherwise set fcrth herein, for the costs of the :PROJECT ccrr;mi ttsd pr lor to such tennination by STAFFORD, and STANFORD shall not be entitled to the rei!tbursement by the CITY as described i~ the first sentnce of this paragraph. STANFORD UNIVERSITY By~~-:-----"),,_,,--,~, t' /) '---Vice Presid2nt for Title: Adl£.inistrative Resourc~s CITY OF PALO ALTO By: Mayor atJP;R~~ __ ~Q_~_~~ , \ 'Assistant city Attorney \ \ AP 0-0 /' city Ma'nag"i, ;.....~ ... - :.u (l(,,-_,",,£~, =:--_ Director of Finance 1,PPROVED AS TO CONTENT ,2c:;;i~ SJw,J. .. " Director of Plannlng and community Environment 5 of 5 A.'lENOKENT NO. 1 TO SAND HILL CORRIDOR STUDY ~GREEKENT THIS AMENDMENT. is entered into or. :<)~Pf t 3e . 1991, hy and bet'Jeen the CIT"i OF PALO ALTO, a rt'.u!"'icipa corporation of the State of Cal ifornia, referred to herein as "CITY", and STANFORD v~"IVERSITY, referred to herein as "STANFORD". (J..) On February 2.0 1 1990, CITY and STANFORD entered into an agreement entitled "Sand Hill 2orridor Study Agreemen~N, referred to herein as "the Agreement~. (5) CITY and STANFORD desire to amend the }\.gree:rnent so as to clarify the provision regarding 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 ~ith the understanding and agreement of Stanford, to abolish the Joint Policy Ccm!!littee ("JPCU) referred to in the Agreement. NOW, THEREFORE, U:e parties hereto do hereby agree as fo11c. .... s: ~!:' __ C.TION L The AgrE!ement is hereby amended by =,rrtending Paragraph (4) thereof to read as follows: "(4) CITY agrees ~o reimburse STANFORD for or.e half of all funds advanced by STANFORD to the CITY for the Sand Hill Corridor Procedural Framework, traffic studies, preparation of an EIR, or alte~native conceptual roadway designs if the CITY terminates the PROJECT prior to the filing of a Notice of Determination (IINOD") on the PROJECT. The CITY shall not be obligated to reimburse STANFORD if the CONSTRUCTION is not adequately funded. If ST.~FORD terminates its involvement in the PR(A!"ECT prior to such tenlination of the PROJECT by the CI'l'Y 1 STANFORD shall be obligated to iD.1.ke the advan,=es, as otherwise set fOk."th hereil"l_, for the costs of the FROJECT committed prior to such termination by ST"~FORD, and STANFORD shall not be entitled to the reimbursement by the CrfY as described in the first sentence of 'Chis paraqrapl'L Similarly, neither the cami'ncncement nor the prosecution by a third party of litigation regarding the PROJECT shall trigger the reimbursement obligation of the CITY under this AGREEMENT.n 1 • f I i ~ . I <, f· 4'* f. ....s o ~E'CTION 2. ';'h,,", partie:;:; to the Agreement hereby ""gree .;,;nd declare that the Joint Policy committee (n.:;PC") referred to in the Aqreernent has beer abolished. ATTEST: APPROVED AS TO FOR!..f: t! .. Senior Asst. City Attcrney city Ma er -7r. fL'''M~.J~.£r..l.' ____ _ Director of Finance )(£. I" ' '<~ ... 5C-J-_~"'" Director of Planning and Community Environment 2 CIT)' OF PALO ALTO: STANFO~D UNIVERSIT~ B¥-<.----.~ ~/-r7-~~ V~~e President tor Administrative Re~ources • , . HHP, ~,\~' t:.1 , .. C-; ';>0'['" r'........c' ... O"'>CI ~ ellY of Pale: Alto 2Sl1 Hamihon Avenue Palo AI,a, CA 94301 A1t~!ltion: Marvin Overv.'ay L1.dic:~/Gemlemen: .•.. / A TI ACHlIIE"', 2 STAr,FORD U;-;I\'f RSll ) Kovem'Der 2J. 1992 On October 20, 1992, Stanford submllted its applicar;on for an enl,lironmcnL11 impact asseS.~menI and Cit)' applOvals for a proj:o:ct {~he "Projecl") consisting generJ.Ji) of (he: w'ldening aoc1. extension of Sand H~ll Road, abandonment of the City's roadway _ ea~ment for and deillolition of the portion of Artoretum Raad localed be!ween Sand Hill Road and Quarry Road, the cOl1stmctlon of a private road behtnd the Nordstrom and Sa'ks Fifth Avenue stores, tl'l'e addition,o the St'lnfo~o Shopping Center of approximately 140,000 s.quare feet of retail space (which includes 40,000 square feel aJ1 ... lwable under cu rrent zoning) joining the rm.;n bOO)' of the .s.hopping cemer and the N(1.nistrom-Saks site, -:inci the CO:1s\I\l.cti',;:1I1 of add!ltOnal deck parking, z.1l as described in the application, The extension and improvement of Sand Hilt Road has been under consideration for many years. In c::.>rmec,ion wilh a previous Sand Hill Road project that was unc!~r c(1mideration by Stanford, StJ.nford and the City of Palo Alto entered into the Sand Hill C~"'rridor Study Agreeillent dated Febnrary 20, 1990, (as amended, the "Sludy A~n.::clllern") Sr:J.llfNd does not inte.r.d to proceed ',I,'ltl1 that pre"'ioIlS proje..:,'! and it is [ht: 1T'1lltlla~ llilders1311dirlg of St;:!of(lrd 3r,d tbe City that the Proj,~;;:t is a I:e',l,. praj~,;t Wll;-:h IS nat intended to be c()vereJ bj :iny fanner agreements i:;cludir.g the Slud) A,gn.:cment. Therefore, this tetter ..". .. iU COr.fir:11 that the Study Agreement is nOl aPrlle.hie '0 'be Project and is hereby «nllill"';n tj~t~w--- Peler va~tren Chit!f Financial Officer ACKNOWLEDGED AND CONFIRMED CITY OF PALO ALTO B.I It5 ~-"'-, --,.