East Palo Alto City Council April 4, 2023 Agenda Page 1 of 6
EAST PALO ALTO CITY COUNCIL
AMENDED REGULAR MEETING AGENDA
April 4, 2023, 6:30 PM
EPA Government Center
2415 University Ave, First Floor
East Palo Alto, CA 94303
NOTICE
This meeting will be held virtually and in-person at the Council Chambers located on 2415 University Ave, First Floor East Palo Alto, CA 94303.
The public may participate in the City Council Meeting via Zoom Meeting or by attending in-person in the Council Chambers at 2415 University Ave, First Floor East Palo Alto, CA 94303. Community members may provide comments by emailing [email protected], submitting a speaker card at the meeting or using the “RAISE HAND” feature when the Mayor or City Clerk call for public comment. Emailed comments should include the specific agenda item on which you are commenting.
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REQUESTS TO APPEAR REMOTELY
Pursuant to Government Code Section 54953, members of the body may appear remotely for the following reasons:
a) Teleconference Exception (Gov’t Code § 54953(b)): None. b) Just Cause (Gov’t Code § 54953(f)(A)(i)):
Councilmember Martha Barragan (contagious illness, Gov’t Code § 54953(j)(2)(B)) c) Emergency Circumstances (Gov’t Code § 54953(f)(A)(ii) (Approval Required)): None.
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF THE AGENDA
(Government Code Section 54957.7(a))
3. APPROVAL OF CONSENT CALENDAR
1. Minutes of the March 21, 2023 Meeting
2. On-call engineering inspection services contract with Ghirardelli Associates Recommendation: Authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, with Ghirardelli Associates in amount not to exceed $100,000 for on-call engineering inspection services through December 31, 2025
3. University Avenue Safety Enhancements Project
Recommendation: Adopt a resolution:
1. Waiving the formal bid procedures under section 2.84.070(D) of the East Palo Alto Municipal Code in favor of a procurement process set by the State of California (Caltrans); and
2. Authorizing the City Manager to execute a design services contract with TJKM Transportation Consultants (TJKM), in a form approved by the City Attorney, in the amount not to exceed $205,721 to provide civil engineering and traffic engineering design services for the University Avenue Safety Enhancements Project.
4. Acceptance of ARPA grant funding from the County of San Mateo’s Office of Aging and Adult Services for the Senior Transportation Program Recommendation: Adopt a resolution authorizing the City Manager to accept a grant and negotiate and execute a grant agreement with the County of San Mateo’s Aging and Adult Services in the amount of $40,904 for seniors’ transportation services for the period of January 1, 2023, to September 30, 2024.
5. Proposed Extension and 2nd Amendment to the Good City Company Master Consulting Agreement for Planning Services
Recommendation: Adopt a resolution:
1. Waiving the formal bid procedures under section 2.84.070(D) of the Municipal Code; and
2. Authorizing the City Manager to execute a second amendment to the current Master Consultant Agreement, in a form approved by the City Attorney, with Good City Company, to:
East Palo Alto City Council April 4, 2023 Agenda Page 3 of 6 a. Increase the contract in the amount of $700,000 for a total not-to-exceed amount of $1,450,000.00.
b. Extend term to July 20, 2025, which would include two six (6) month extensions at the sole discretion of the City Manager.
c. Authorize Good City Company to provide consultant services for any project in East Palo Alto, as determined by City staff and consistent with the City’s Developer Reimbursement protocols.
6. Joel Davis Restroom Project
Recommendation: Adopt a resolution:
1. Authorizing the City Manager to award, negotiate and execute a construction contract, in a form approved by the City Attorney, with Kerex Engineering Inc., in the amount of $369,300.00, establish a 15% construction contingency in the amount of $55,395.00 for a total construction budget of $424,695.00, and execute future change orders in an amount not-to-exceed the appropriated construction contingency.
2. Finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15303 of the CEQA Guidelines; and
3. Transferring $228,102 from General Fund to CIP Fund.
7. Contract with Eide Bailly LLP to perform Audit services Recommendation: Adopt a resolution authorizing the City Manager to execute an agreement with Eide Bailly for audit services in amounts not to exceed $67,568.00 for fiscal year 2022-2023, $73,895.05 for fiscal year 2023-2024, and $76,305.38 for fiscal year 2024-2025; with an option to extend for two additional years if service remains acceptable to the City.
8. Comments to the Notice of Preparation of Environmental Impact Report for the Searsville Watershed Restoration Project dated February 14, 2023 Recommendation: By motion:
1. Provide staff direction regarding any desired modifications to the draft comment letter for the Notice of Preparation (NOP) of Environmental Impact Report for the Searsville Watershed Restoration Project (proposed) dated February 14, 2023; (Attachment 1); and
2. Direct the City Manager to transmit the final comment letter to the California Department of Water Resources to serve as the City’s official comments to the NOP for the proposed Project.
9. University Avenue/101 Pedestrian Overcrossing Project Contracts: Construction Contract with MCM Construction, Inc.; Construct Management Services Contract with Ghirardelli & Associates; and Amendment to a Professional Engineering Services Contract with AECOM, Inc.
Adopt a resolution authorizing the City Manager to:
1. Award and execute a construction contract to and with MCM Construction, Inc. in the amount of $11,966,203.00 in a form approved by the City Attorney that:
a. Establishes a 10% construction contract contingency with authority to execute future change orders in an amount not-to-exceed the appropriated construction contingency of $1,196,620.30; and East Palo Alto City Council April 4, 2023 Agenda Page 4 of 6 b. Establishes a construction budget in an amount not to exceed $13,162,823.30.
2. Execute a professional services agreement for Construction Management, Inspection, and Material Testing Services, in a form approved by the City Attorney, with Ghirardelli & Associates in an amount not-to exceed $1,685,735.30 for construction management and material testing services that provides for a 10% contingency and authorizes the execution of future change orders in the amount of $168,573.53, for a total construction management of $1,854,308.83; and
3. Execute Contract Amendment No. 3 to the Agreement with AECOM Technical Services, Inc., in a form approved by the City Attorney, in an amount of $485,000 for design support services during construction and extends the contract term until project completion, for a total amended contract not-to-exceed amount of $1,809.949.00; and
4. Appropriate $15,502.132.10, including $836,632.10 in the City Matching funds; and
5. Approve a transfer from General Fund to Capital Improvement Fund in the amount of $836,632.10 for the City Matching Funds; and
6. Negotiate and execute a funding agreement, in a form approved by the City Attorney, with the San Mateo County Transportation Authority for the awarded Measure “A” funds and Measure “W” funds in the amounts of $4,892,500 and $5,700,000, respectively.
10. Proclamation Celebrating the Holy Month of Ramadan
11. Local Gun Control Ordinance
Recommendation: Waive a second reading and adopt an ordinance amending various Articles of Chapter 9.24 (Dangerous Weapons) and adding a new Article V (Firearms Storage) of the East Palo Alto Municipal Code (EPAMC) requiring gun owners within the City’s jurisdictional limits to provide safe firearm storage.
12. Bay Road Improvements Phase II/III, Project No. CIP-ST-05A-130 Settlement Agreement
Recommendation: By motion, approve and authorize the City Manager to execute a settlement agreement, in a form approved by the City Attorney, with A. Teichert & Son, Inc. dba Teichert Construction (“Teichert”) to resolve all claims in connection with the East Palo Alto Bay Road Improvements Phase II/III Project (No. CIP-ST-05A-130) (“Project”) in the amount of $1,100,000.00, among other terms.
4. CLOSED SESSION - NONE
5. PUBLIC COMMENT
Members of the public wishing to address the City Council on items not listed on the agenda may do so under this item. Each speaker is limited to two minutes. The Mayor has the discretion to adjust speaking times. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may request Staff to report back at a future meeting concerning the matter.
The exceptions under which the City Council may discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
6. INFORMATIONAL REPORTS - NONE
7. SPECIAL PRESENTATIONS - NONE
East Palo Alto City Council April 4, 2023 Agenda Page 5 of 6
8. PUBLIC HEARINGS - NONE
9. POLICY AND ACTION
1. Potential Use of Tanklage Property for Temporary Police Station & RV Safe Parking Program Transition
Recommendation:
- Provide direction on which, if any, temporary police department design option the City should further pursue on the Tanklage Property
- Adopt a Resolution authorizing the City Manager to:
a. Negotiate and execute a Fourth Amendment to the License and Grant Agreement (“Fourth Amendment”) with Project WeHOPE, in a form approved by the City Attorney, to extend the RV Safe Parking Program through October 30, 2023; and
b. Allocate $125,010 in Housing Successor funds to operate the RV Safe Parking Program (“Program”) for an additional six months or less.
2. Alternative use of ARPA funds and related budget amendments Recommendation:
1. Adopt a resolution approving the Fiscal Year 2022-23 limited budget amendments for General Fund and American Rescue Act Plan (ARPA) Fund, including authorization of a transfer out from ARPA Fund to General Fund in the amount of $1,630,000; and
2. Adopt a resolution committing and authorizing $1,630,000 in General Fund for uses outlined in the ARPA fund guiding principles previously adopted by the City Council.
3. Approval of the Parks, Recreation, and Open Space Master Plan for East Palo Alto Recommendation: Adopt a resolution approving the Parks, Recreation, and Open Space Master Plan.
10. COUNCIL REPORTS
11. ADJOURNMENT
East Palo Alto City Council April 4, 2023 Agenda Page 6 of 6 This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.
The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, 2ND Floor, City Hall, 2415 University Avenue, East Palo Alto, California 94303 during normal business hours.
Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.
East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or serv ices may be made by a person with a disability to the City Clerk's office at (650) 853-3127 no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.
DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can v iew electronic agendas and staff reports by accessing the City website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.
POSTED: March 30, 2023
AMENDED: April 4, 2023
ATTEST:
James Colin
City Clerk
Future Meetings:
Meeting Date Time
Regular Meeting April 18, 2023 6:30 p.m.
Study Session April 25, 2023 6:00 p.m.
Regular Meeting May 9, 2023 6:30 p.m.
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Minutes of the March 21, 2023 Meeting
Recommendation
Adopt the minutes of the March 21, 2023 Meeting.
Background
The City Council will consider adopting the minutes of the March 21, 2023 Meeting.
Attachments
1. 3-21-2023 Draft Minutes
3.1 Packet Pg. 7
East Palo Alto City Council March 21, 2023 Minutes Page 1 of 5
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING MINUTES
MARCH 21, 2023
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Lisa Gauthier at 6:33 p.m.
Attendee Name Title Status Arrived
Carlos Romero Councilor Present
Ruben Abrica Councilor Present
Lisa Gauthier Mayor Present
Antonio Lopez Vice Mayor Present
Martha Barragan Councilor Present
2. APPROVAL OF THE AGENDA
3. APPROVAL OF CONSENT CALENDAR
1. December 28, 2022 - January 21, 2023, and March 7, 2023 Minutes
2. 2022 Housing Element and General Plan Annual Progress Report
3. Adoption of 2023 Reach Codes: Proposed Electrification Reach Codes for 2022 Green Building Standards Code
4. Monthly Cash Treasury Report for January 2023
5. Ratifying Purchases and Authorizing New Purchases from Comcast
6. Amendment No. 1 for Harper & Associates Professional Services Agreement
7. Proclamation of the City of East Palo Alto Celebrating Powerhouse Hobbs Day
4. CLOSED SESSION
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
City Attorney, John Le, reported that there was no reportable action.
D. REPORT OUT OF CLOSED SESSION
5. PUBLIC COMMENT
- Gail Wilkerson
- Leland J. Francois
- Edwin Magana
- Has B
- Laura Rubio
- Danielle
- Uhila Makoni
- Francisca Guzman
3.1.a
Packet Pg. 8
Attachment: 3-21-2023 Draft Minutes (2625 : Minutes of the March 21, 2023 Meeting) East Palo Alto City Council March 21, 2023 Minutes Page 2 of 5 - Michael Francois
- Court Skinner
6. INFORMATIONAL REPORTS - NONE
7. SPECIAL PRESENTATIONS
1. Presentation on SB 594 (Durazo) LLC Owner Transparency Aliyah Shaheed provided a presentation on LLC Owner Transparency.
8. PUBLIC HEARINGS
1. Public Hearing on Proposed Increases to Water Capital Surcharge Rates on April,1 2023 and Reducing Operational Water Rates by $0.02.
Votes:
Motion: Carlos Romero
Second: Antonio Lopez
Passed by unanimous decision.
Batool Zaro, Greg Henry, and Alex Handlers provided a presentation on the Water Capital Surcharge Rates.
Public Speaker:
- Gail Wilkerson
- Michael Francois
- Meda Okelo
- Lettecia
Mayor Gauthier Closed Public Hearing
The City received a total of 3 protests and 171 returned letters. As the protests did not exceed 50% + 1, the council voted on the Surcharge Increase.
9. POLICY AND ACTION
1. Acquisition of the Site Located at the Corner of Bay Road and Pulgas Avenue for Potential Use as New Public Library
- Michael Mashack
- Christopher Kao
- Michael Francois
- Donna Rutherford
- Heather
- Larry Moody
- Gail Wilkerson
Votes:
Motion: Carlos Romero
Second: Antonio Lopez
3.1.a
Packet Pg. 9
Attachment: 3-21-2023 Draft Minutes (2625 : Minutes of the March 21, 2023 Meeting) East Palo Alto City Council March 21, 2023 Minutes Page 3 of 5 Passed by unanimous decision.
2. Local Gun Control Ordinance
- Paula Maciocia
- Leah Elkins
- Alexandra Pavidakis
- James's Galaxy A51
- Davena Gentry
- Donna Rutherford
Votes:
Motion: Carlos Romero
Second: Lisa Gauthier
Passed by unanimous decision.
3. Funding for Affordable Homeownership Opportunities as an Affordable Housing Preservation Strategy
- Public Speaker
- Michael Mashack
- Gail Wilkerson
- Luella Parker
- Laura Rubio
- Filiberto Zaragoza
- Amy Arrellin
- Ofelia Bello
- Michael Francois
- Patricia Lopez
- Sherman
- Hailey
- Romanovskaia, Anna
- Claire Tan
- Phil
- Federico Andrade
- Daniella Montes
- Elena Kogan
- Carlo Li
- Gegne Gan
- Xenia
- Jay
- Jennifer Liu
- Dan Pan
3.1.a
Packet Pg. 10
Attachment: 3-21-2023 Draft Minutes (2625 : Minutes of the March 21, 2023 Meeting) East Palo Alto City Council March 21, 2023 Minutes Page 4 of 5 - Estefani
- Lisa Yang
- Donna Rutherford
- Alfred Weng
- Simon Weng
- Matt Runyan
- Michael Trujillo
- Thomas Maa
- Karen Grove
- Elena Savva
- Mac
- Nina Helmer
- Feng
- Peter
- Anne Wang
- Rani Indaheng
- Jack Biederman
- Deborah Lewis-Virges
Votes:
Motion: Lisa Gauthier
Second: Antonio Lopez
Passed by unanimous decision.
4. 40th Anniversary Follow Up Report
Maurice Baker provided a presentation on the 40th Anniversary event.
Public comment:
- Laura Rubio
- Gail Wilkerson
- Q Smith
Council voted to allocate 75,000 dollars (total) for the 40th anniversary parade and voted for “Building the Just City” as the motto,
Votes:
Motion: Antonio Lopez
Second: Martha Barragan
Passed by unanimous decision.
3.1.a
Packet Pg. 11
Attachment: 3-21-2023 Draft Minutes (2625 : Minutes of the March 21, 2023 Meeting) East Palo Alto City Council March 21, 2023 Minutes Page 5 of 5
10. COUNCIL REPORTS
11. ADJOURNMENT
The meeting was adjourned at 11:49 p.m.
3.1.a
Packet Pg. 12
Attachment: 3-21-2023 Draft Minutes (2625 : Minutes of the March 21, 2023 Meeting)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Batool Zaro, Associate Engineer
Humza Javed, Public Works Director
SUBJECT: On-call engineering inspection services contract with Ghirardelli Associates Recommendation
Authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, with Ghirardelli Associates in amount not to exceed $100,000 for on-call engineering inspection services through December 31, 2025
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
• Promote public health and safety
• Improve the City’s water infrastructure
Background
The Public Works Department requires regular engineering and public works inspection services for its Capital Improvement Program as well as for development projects and encroachment permits. For pavement rehabilitation projects, this also may include material testing for conformance with project specifications.
The Public Works Department has an approved short list of consulting firms for on-call engineering services which was approved by City Council per Resolution 4849. Staff is recommending that a $100,000 contract be executed with the Engineering Firm, Ghirardelli Associates for on-call engineering and public works inspection services.
Analysis
On May 16, 2017, City Council adopted Resolution No. 4849 approving a pre-qualified list of consulting firms for on-call engineering services. There were a number of firms selected for various engineering services.
3.2 Packet Pg. 13
Staff reached out to the firms on its pre-qualified list and also released an Request For Proposals (RFP) for on-call engineering inspection services. Staff received three proposals in response to the RFP. The proposals were rated by a panel of three staff members and Ghirardelli Associates was the highest rated proposer.
Ghirardelli Associates is a well-established firm providing construction management, inspection, and program management services, and has eight offices throughout California.
They have similar on-call contracts for a number of Bay area cities. For the City of East Palo Alto, their services will include public works inspection services for its Capital Improvement Program as well as for development projects and encroachment permits.
Fiscal Impact
There is a fiscal impact of $100,000 for these engineering professional services.
Funds are available in the fiscal year 22-23 engineering budget.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.
Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.
Attachments
1. Resolution - Ghirardelli
3.2 Packet Pg. 14
1 of 1
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GHIRARDELLI ASSOCIATES IN AN AMOUNT NOT TO EXCEED $100,000 FOR ON-CALL ENGINEERING INSPECTION SERVICES THROUGH DECEMBER 31, 2025
WHEREAS, the Public Works Department requires regular public works inspection services for its Capital Improvement Program as well as for development projects and encroachment permits; and WHEREAS, on May 16, 2017, the City Council adopted Resolution No. 4849 approving a prequalified list of consulting firms for on-call engineering services; and WHEREAS, on April 19, 2022, the City Council adopted Resolution No.44-2022, authorizing the City Manager to release a request for proposals for on-call engineering inspection services; and WHEREAS, on May 11, 2022, City staff received three proposals and Ghirardelli Associates as the highest rates proposer; and
WHEREAS, City staff reviewed Ghirardelli Associates’ qualifications and recommends entering into a contract for on-call engineering inspection services.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Finds the foregoing recitals are true and correct and incorporated by reference into this action; and
2. Awards and authorizes the City Manager to execute a contract, in a form approved by the City Attorney, with Ghirardelli Associates in an amount not to exceed $100,000 for on-call engineering inspection services through December 31, 2025.
PASSED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
3.2.a
Packet Pg. 15
Attachment: Resolution - Ghirardelli (2623 : On-call engineering inspection services contract with Ghirardelli Associates) 1 of 1
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
3.2.a
Packet Pg. 16
Attachment: Resolution - Ghirardelli (2623 : On-call engineering inspection services contract with Ghirardelli Associates)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Batool Zaro, Associate Engineer
Humza Javed, Public Works Director
SUBJECT: University Avenue Safety Enhancements Project
Recommendation
Adopt a resolution:
1. Waiving the formal bid procedures under section 2.84.070(D) of the East Palo Alto Municipal Code in favor of a procurement process set by the State of California (Caltrans); and
2. Authorizing the City Manager to execute a design services contract with TJKM Transportation Consultants (TJKM), in a form approved by the City Attorney, in the amount not to exceed $205,721 to provide civil engineering and traffic engineering design services for the University Avenue Safety Enhancements Project.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
• Promote public health and safety
• Implement comprehensive transportation and mobility plan Background
The City of East Palo Alto has one of the busiest commuter corridors in the peninsula due to its proximity to Highway 84 (Dumbarton Bridge). The University Avenue Safety Enhancements Project (project) addresses years of community concern along University Avenue. The City completed a jurisdiction wide safety analysis and identified four intersections along University as having the top five greatest number of collisions. These accidents are often fatal or severe injury collisions.
The project includes improving pedestrian crossings, installing upgraded signal equipment to
3.3 Packet Pg. 17
increase visibility, and installing protected left turn phases to separate conflicting vehicle movements. The goal of the comprehensive corridor-wide approach is to reduce overall fatal and severe crashes of certain types within the corridor.
In 2020 the City applied for Highway Safety Improvement Program (HSIP) Cycle 10 funds to fund the University Avenue improvements, and the City was awarded $1.23 million for the improvements. Out of the $1.23 million in grant funds, $206,000 is budgeted for the design phase.
The HSIP grant supports our City’s goal of moving closer to eliminating traffic fatalities and reducing the number of non-fatal injury collisions along University Avenue by 50 percent by 2030 . The proposed installation will include high visibility crosswalks, pedestrian signal upgrades, Americans with Disabilities Act (ADA) compliant curb ramps, signal phasing improvements, and improved signal hardware. The four University Avenue intersections include Runnymede Street, Bay Road, Kavanaugh Drive, and Weeks Street.
Analysis
At the outset, staff notes that this project is fully funded by federal funds which are administered by the State, which requires the City, as a grantee, to comply with its procurement process (Caltrans Local Assistance Procedures Manual). As such, staff is recommending that the Council waive formal bid procedures under section 2.84.070(D) of the East Palo Alto Municipal Code.
Accordingly, the City issued a request for proposals on December 9th 2022 and on January 10th 2023 the City received three (3) proposals.
The three (3) proposals were reviewed and ranked by a panel of three staff members from Public Works Departments. The highest-ranking consultant, TJKM Transportation Consultants (TJKM), is being recommended for selection.
TJKM has extensive knowledge in highway design, transportation/traffic studies, signal design, land development reviews, pedestrian and bike improvements, and complete street projects.
TJKM was also the firm that established conceptual layouts for the project that were used in the HSIP grant application.
TJKM is one of the City’s on-call traffic engineering firms. They have assisted the City on various grant applications, signal timing projects, and well as signage and striping projects.
The scope of the contract includes but is not limited to:
• Project Management
• Surveying and Mapping
• Preliminary Design
• Public Outreach and Coordination
• Design
• Bid Support and Construction Support
The scope of work is attached as Attachment 2. Upon contract award and execution, TJKM will
3.3 Packet Pg. 18
complete the Plans, Specifications, and Estimate (PS&E) for bidding. Upon completion of the design phase, the City will obtain authorization from Caltrans for use of construction funds.
The City’s standard professional services agreement is attached as Attachment 3.
Fiscal Impact
This project will be funded by HSIP Cycle 10 funds that were awarded to the City. There is no city match required.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.
Environmental
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Repair, maintenance and/or minor alteration of an existing facility) and Sections 15303 (construction and location of limited numbers of new, small facilities or structures).
Attachments
1. Resolution
2. Scope of work
3. EPA Standard Agreement Contractor and Professional Services Agreement (5)
4. Cost Proposal
3.3 Packet Pg. 19
Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX – 2023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TJKM TRANSPORTATION CONSULTANTS IN THE AMOUNT OF $205,721 TO PROVIDE CIVIL
ENGINEERING AND TRAFFIC ENGINEERING DESIGN SERVICES FOR THE UNIVERSITY
AVENUE SAFETY ENHANCEMENTS PROJECT
WHEREAS, the University Avenue Safety Enhancements Project addresses traffic improvements along various intersections along University Avenue; and WHEREAS, the project includes improving pedestrian crossings, installing upgraded signal equipment to increase visibility, and installing protected left turn phases to separate conflicting vehicle movements; and
WHEREAS, in 2020 the City applied for Highway Safety Improvement Program (HSIP) Cycle 10 funds to fund the University Avenue improvements, and the City was awarded $1.234 million for the improvements; and
WHEREAS, the HSIP grant supports the City’s goal of eliminating traffic fatalities and reducing the number of non-fatal injury collisions by 50% by 2030 along the University Avenue; and WHEREAS, the University Avenue Safety Enhancements Project is funded in part by the State, the City, as a grantee, is required to comply with the State of California’s procurement process (Caltrans Local Assistance Procedures Manual); and
WHEREAS, the City issued a request for proposals on December 9, 2022, and on January 10, 2023 the City received three proposals; and
WHEREAS, City staff reviewed and ranked the three proposals, and the highest-ranking consultant was TJKM Transportation Consultants (TJKM).
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Waives the formal bid procedures under section 2.84.070(D) of the East Palo Alto Municipal Code in favor of a procurement process set by the State of California (Caltrans); and
2. Authorizes the City Manager to execute a contract with TJKM, in a form approved by the City Attorney, in an amount not to exceed $205,721 to provide civil engineering and traffic engineering design services for the University Avenue Safety Enhancements Project.
PASSED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
3.3.a
Packet Pg. 20
Attachment: Resolution (2570 : University Avenue Safety Enhancements Project) Resolution No. XX-2023 2 of 2
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
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Attachment: Resolution (2570 : University Avenue Safety Enhancements Project) University Avenue Safety Enhancements Project CIP Project ST-17 | 1
WORK PLAN & APPROACH
The City of East Palo Alto proposes to improve safety along University Avenue in an effort to eliminate traffic fatalities on one of the city’s largest thoroughfares. This project is supported by Highway Safety Improvement Program (HSIP) Cycle 10 grant funding in order to target the countermeasure improvements identified in the grant application. These improvements include installing new bulbouts, upgrading traffic signal equipment’s, modifying traffic signals and striping to install protected left turn phases, installing new bike lanes, and pedestrian improvements on at least four intersections along University Avenue.
TJKM, with support from HMH Engineers, will lead the effort to evaluate the needs for each intersection along the corridor by performing field investigation along with topographic survey to understand the preliminary constraints such as overhead lines, utilities, pavement conditions, space limitations, landscaping, line of sight, and other restrictions.
Based on our understanding the anticipated improvements at each project location are noted below.
Based on the investigation and background information received during the project design, these improvements may change based on further discussion with City at on-set of the project. We will follow the typical design review cycle for Plans, Specifications, and Estimates (PS&E) projects and submit plans to the City for review with follow up comment review meetings, provide response to comments with each new submittal.
UNIVERSITY AVENUE & RUNNYMEDE STREET
• Install bulb-outs and new American with Disabilities act (ADA) curb ramps • Modify traffic signal to install a protected left-turn phase • Modify striping for protected left-turn lanes and high visibility crosswalks • Upgrade traffic signal equipment to increase visibility
UNIVERSITY AVENUE & BAY ROAD
• Install bulb-outs and new ADA curb ramps
• Modify traffic signal to accommodate new bulb-outs
• Modify striping to install high visibility crosswalks • Upgrade traffic signal equipment to increase visibility
UNIVERSITY AVENUE & KAVANAUGH DRIVE
• Install bulb-outs and new ADA curb ramps
• Modify traffic signal to accommodate new bulb-outs
• Modify striping to install high visibility crosswalks • Upgrade traffic signal equipment to increase visibility
UNIVERSITY AVENUE & WEEKS AVENUE
• Replace existing curb ramps with new ADA compliant curb ramps per City Detail • Install High Visibility Crosswalks
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Attachment: Scope of work (2570 : University Avenue Safety Enhancements Project) University Avenue Safety Enhancements Project CIP Project ST-17 | 2 Detailed Scope of Work & Deliverables
TASK 1 - PROJECT MANAGEMENT
TJKM will manage the schedule and budget throughout the duration of the project. TJKM will prepare the schedule in Microsoft Project software format and will provide an updated schedule at progress meetings or when schedule revisions are requested. TJKM will conduct Quality Assurance/Quality Control (QA/QC) over our work products prepared for the City. TJKM will maintain frequent and timely communication with the City during all phases of the project. TJKM will meet with City staff to review project requirements and existing information relevant to the project. TJKM will prepare an Agenda for a project initiation or Kick-Off Meeting. At the conclusion of the Kick-Off Meeting, TJKM will prepare the minutes and distribute them to all meeting participants.
In addition to the Kick-Off Meeting, TJKM has also budgeted conference calls between the City Project Manager and TJKM staff during the project. These meetings will occur after each submittal to review the previous submittal comments with City Staff. A total of four meetings have been budgeted as part of the initiation and PS&E stages of the project. TJKM will still maintain communication with City in between key submittals to provide updates on progress, look ahead items, and any constraints that we foresee with overall schedule and design.
Deliverables
✓ Kick-Off Meeting, Project schedule updates, meeting minutes, and billing documents TASK 2 - TOPOGRAPHIC SURVEY & UTILITY RESEARCH
The TJKM Team will conduct a field reconnaissance at each project intersection and full corridor to identify the existing intersection layout. We will investigate existing site conditions to identify opportunities, constraints, and verify existing infrastructure.
The TJKM Team will begin utility research by contacting relevant utility companies in the area to request existing utility information, record right of way maps, block maps, and any planned utility work at the project intersections. During this phase of work, the TJKM Team will compile available information and identify potential right of way and utility conflicts for each proposed design. This level of effort to avoid utility conflicts during design will minimize construction costs and help to ensure the correct placement of improvements.
The TJKM Team will coordinate with City construction to call Underground Service Alert (USA) for marking all utilities in the project limits where utilities may be in conflict. The TJKM Team will go out in the field and mark the limits for the USA markings. TJKM shall take the USA utility markings in mind when designing the proposed improvements to try and avoid any conflicts. If any potential conflicts are identified during the design phase, TJKM will request a quote from a potholing company for potholing services. The potholing services will be provided as an additional scope of work.
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Attachment: Scope of work (2570 : University Avenue Safety Enhancements Project) University Avenue Safety Enhancements Project CIP Project ST-17 | 3 As part of the utility investigation, the following work will be completed:
• Request utility record maps from utility owners
• Update base mapping with existing utility information • Coordinate with City construction for USA Markings
• Identify potential utility conflicts to reduce proposed improvement conflicts HMH Engineers, as part of the TJKM Team, will perform a topographic survey to confirm existing grades and physical features at all corners where ramps will be upgraded to ADA compliant ramps. The survey will be based on City control, presumably North American Datum of 1983 coordinate system, and NAVD 1988 vertical datum.
HMH Engineers will locate existing features including curbs, poles, trees, fences, utilities, manholes, pavement, drainage inlets, signs, and any other relevant infrastructure throughout the intersection.
Once topographic field survey information is available, the TJKM and HMH Team will work to develop the full corridor design plans as noted in the Design Phase.
Deliverables
✓ Topographic Survey Mapping
✓ Utility Mapping
✓ Base maps with survey information, right of way information, and property lines TASK 3 – PRELIMINARY DESIGN
The TJKM Team will lead the effort of preparing the conceptual design plans for improvements related to electrical, civil, signage, and striping to get an initial geometric layout that is feasible for construction based on the topographic survey, field investigation, and utility research performed in Task 2. The plan set will provide adequate level of detail to determine the proposed improvements within existing right of way and identify potential challenges during construction.
The TJKM Team will not provide Planting and Irrigation Plans as part of the project to help reduce design and construction cost. Hydroseed will be shown on the Erosion Control where appropriate, and trees (if any) will be shown on the improvement plans.
Deliverables
✓ 24” X 36” Conceptual Plan sets (two hard copies) and Electronic Copy of the Conceptual Plans TASK 4 - PUBLIC OUTREACH
The TJKM Team will assist the City of East Palo Alto by conducting one virtual workshop to outreach the nearby
impacted business and residential folks. The meeting will mainly just share plans and provide an opportunity for
residents to ask questions related to improvements and
potential time frame of construction start date. TJKM will provide support on answering community questions at the meeting. ..
Deliverables
✓ Meeting Minutes and outreach materials, as required
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Attachment: Scope of work (2570 : University Avenue Safety Enhancements Project) University Avenue Safety Enhancements Project CIP Project ST-17 | 4 VIRTUAL WORKSHOPTASK 5 - DESIGN PS&E
TJKM will lead the effort of preparing the design PS&E with the support of HMH Engineers. The plans will be developed per latest City of East Palo Alto, California Manual on Uniform Traffic Control Devices (MUTCD), and Caltrans Standards and Specifications. The anticipated plan sheets for the project, include but not limited to:
• Cover Sheet
• Key Map
• General Notes
• Abbreviations
• Detail sheets
• Existing Conditions and Demolition Plans
• Paving and Grading Plan
• Civil Improvements
• Grading and Drainage Plan
• Erosion Control
• Signal Modification
• Signage and Striping Plans
Task 5.1 50% PS&E
TJKM will develop the 50% submittal based on input from the City and Community from the public outreach meeting. The TJKM Team will prepare the 50% PS&E to reflect the City comments and direction received from the conceptual design. Our design approach for 50% entails the following design tasks:
• Project schedule update
• Technical Specifications will be per Caltrans Specifications format and City of East Palo Alto format • The TJKM Team will prepare 50% design plans for the specified locations • Prepare engineer’s cost estimate and technical provisions describing each item on the bid schedule and their requirements, and verify that the total construction cost is within the City budget Continue coordination with Utility companies as required for project improvements. If no utility relocations are anticipated as part of this project, the TJKM Team will show the existing utilities to be protected in place.
The TJKM Team will perform an internal review of the documents submitted. Our quality control review of the 50% submittal will include compliance with City of East Palo Alto, California MUTCD, and Caltrans standards. The review will also ensure the plans are clearly delineated and coordinated. The different project sheets will present the design in a clear and concise manner with no contradictions between sheets. Each PS&E submittal will also include a comment response matrix with clear responses by the TJKM Team for the comments provided by the City.
Deliverables
✓ 50% Plan Sheets, 50% Cost Estimate, and 50% Technical Specifications
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Attachment: Scope of work (2570 : University Avenue Safety Enhancements Project) University Avenue Safety Enhancements Project CIP Project ST-17 | 5 Task 5.2 100% Final PS&E
TJKM will meet with City staff to review comments on the 50% submittal from the City and to prepare the final PS&E package for advertising. The TJKM Team will work to finalize the PS&E to reflect the City comments and direction received from the previous submittal. At this stage, documents will be ready for bidding. Comments on the final check submittal will only be minor editorial comments. Any significant design revisions will be discussed with the City and an amendment to the contract will be requested. Our design approach for final submittal entails the following design tasks:
• Project schedule update
• Finalized technical specifications
• The TJKM Team will finalize the design plans in AutoCAD 2018 and Adobe PDF format • Prepare engineer’s cost estimate and technical provisions in Microsoft Excel and Word formats describing each item on the bid schedule and their requirements, and verify that the total construction cost is within the City budget
• Response to comment matrix for comments from previous 100% submittal The TJKM Team will conduct a final quality control review on all documents to ensure that all design elements are thoroughly addressed prior to their submission to the City. Once the City has approved the final check plan set for bidding, TJKM will coordinate the plans and specifications with the City’s front end bid instructions.
Deliverables
✓ 24” X 36” Conceptual Plan sets (two hard copies)
✓ Printed Set of Specifications
✓ Electronic Copy of the AutoCAD files, Plan Set, Specifications, Engineer’s Estimate, Bid Schedule, and Construction Schedule
TASK 6 – BIDDING & CONSTRUCTION SUPPORT
During the bidding process, TJKM will answer bidders’ questions and provide clarifications to the bid questions. Requests for Information (RFI) will be answered in a timely manner. Addenda and conformed documents will be prepared as necessary. One meeting in person will also be budgeted for any meeting needed by the City Project Manager.
During construction, the TJKM Team will assist the City Construction Manager as follows:
• Attend pre-construction meeting
• Prepare responses to Contractors’ RFI’s during the construction phase • Review contractors, submittals and assist the City with any design issues during construction • Attend up to three construction meetings to clarify design elements, when requested by the City staff
• Prepare record drawings based on Contractor redline As -Built Plans will be prepared in AutoCAD and PDF format
Deliverables
✓ Addendum(s), clarifications, and conformed documents, as necessary Record drawings, clarifications, and response to submittals
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Attachment: Scope of work (2570 : University Avenue Safety Enhancements Project) University Avenue Safety Enhancements Project CIP Project ST-17 | 7
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Attachment: Scope of work (2570 : University Avenue Safety Enhancements Project) Contractor and Professional Services Agreement Page 1 of 8 (Rev. 9.07.2021)
CONTRACTOR AND PROFESSIONAL SERVICES AGREEMENT
This Contractor and Professional Services Agreement ("Agreement") is made by and between the City of East Palo Alto, a municipal corporation ("City"), as authorized by the East Palo Alto City Council via Resolution No. __________, and [ type in name ], [ type in the type of entity ], hereinafter referred to as “Contractor”, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay Contractor for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement.
3. Term. The term of this Agreement shall commence on [ type in start date] and shall continue in full force and effect until [ type in end date ].
4. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
5. Indemnification. Contractor shall indemnify, defend (with independent counsel approved by the City), and hold harmless the City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Contractor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Contractor’s operations, or any subcontractor’s operations, to be performed under this Agreement, for the fullest extent permitted by law, with the exception of the sole active negligence or willful misconduct of the City. The provisions of this section shall survive the expiration or termination of this Agreement and are not limited by any provisions relating to insurance in this Agreement.
6. Insurance Requirements. Contractor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Contractor.” Failure to maintain required insurance at all times shall constitute a default and material breach.
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 2 of 8 (Rev. 9.07.2021)
7. Accident Reports. Contractor shall immediately report (as soon as feasible, but not more than 24 hours) to the City any accident or other occurrence causing injury to persons or property during the performance of this Agreement.
The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.
8. Conflict of Interest. Contractor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Contractor’s family, business, real property or financial interests and the services to be provided under this Agreement. Contractor shall comply with the City of East Palo Alto Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Contractor’s family, business, real property or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Contractor shall disclose such conflict in writing to City.
9. Independent Contractor. Contractor is an independent contractor. Neither Contractor nor any of Contractor’s officers, employees, agents or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services pursuant to this Agreement.
10. Licenses, Permits, Etc. Contractor represents and warrants to City that all Contractor services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Contractor has all the permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession.
11. Business License. Contractor, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Contractor until such business license(s) has been obtained.
12. Standard of Performance. Contractor shall provide products and perform
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 3 of 8 (Rev. 9.07.2021)
all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Contractor’s profession currently practicing in California.
Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred or, beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Contractor is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Contractor of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Contractor.
Contractor’s responsibilities under this section shall not be delegated. Contractor shall be responsible to City for acts, errors, or omissions of Contractor’s subcontractors.
13. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause by circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slow down or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts. In the event that the Contractor is unable to meet the completion date or schedule of services, Contractor shall inform the City Representative of the additional time required to perform the work and the City Representative may adjust the schedule.
14. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
15. Personnel. Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Contractor pursuant to this Agreement shall be the full and
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 4 of 8 (Rev. 9.07.2021)
complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
16. Prevailing Wages for Public Works Projects. For public works projects, Contractor shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Contractor shall also comply with provisions of Labor Code section 1720 as applicable. Contractor shall maintain certified payroll records evidencing such payment of prevailing wages as required by law.
17. Contractor Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Contractor shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Contractor.
Upon receipt of a notice of termination, Contractor shall perform no further work except as specified in the notice. Before the date of termination, Contractor shall deliver to City all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Contractor for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Contractor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Contractor for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 5 of 8 (Rev. 9.07.2021)
19. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Contractor resulting from services rendered pursuant to this Agreement, shall become the property of City. Contractor agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Contractor in the performance of Contractor’s services hereunder.
21. Assignment and Subcontracting. Contractor shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Contractor shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Contractor. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Contractor to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Contractor’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
22. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
23. Non-Discrimination/Fair Employment Practices. Contractor shall comply with all applicable federal, state and local laws, rules and regulations in regard to non-discrimination and non-harassment in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, sexual orientation,
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 6 of 8 (Rev. 9.07.2021)
medical condition or physical handicap. Contractor agrees to abide by the City’s Policy Against Discrimination, Harassment and Retaliation as set out in attached Exhibit D.
24. Official Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Melvin E. Gaines
City Manager
City Manager’s Office
2415 University Avenue
East Palo Alto, CA 94303
If to Contractor: [insert name]
[insert title]
[insert company name]
[insert street name and suite #, if any]
[insert city, state and zip code]
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
25. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
26. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
27. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of San Mateo County in the State of California or in the United States District Court, Northern District of California, San Francisco/Oakland Division, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 7 of 8 (Rev. 9.07.2021)
28. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
29. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Contractor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Agreement as confidential and shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City records on information to any third party, other than its own employees, agents or subcontractors who have a need for the City records or information for the performance of services under this Agreement.
A violation by Contractor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Contractor agrees and acknowledges that this confidentiality provision does not limit the City’s disclosure as required by law, pursuant to a subpoena, the California Public Records Act, or Order of the Court.
33. News and Information Release. Contractor agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
35. Authority. The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 8 of 8 (Rev. 9.07.2021)
36. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments.
Exhibit B, entitled “Compensation,” including any attachments.
Exhibit C, entitled “Insurance Requirements,” including any attachments.
Exhibit D, entitled “Policy Against Discrimination, Harassment and Retaliation” IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
[ INSERT CONTRACTOR NAME ]
[ INSERT TYPE OF ENTITY ]
By:
[ insert name ]
[ insert title ]
DATE: ____________________
East Palo Alto Business License No.
CITY OF EAST PALO ALTO,
a municipal corporation
By:________________________
Melvin E. Gaines
City Manager
DATE:___________
APPROVED AS TO CONTENT:
__________________________
[ Insert Department Head Name ]
[ Insert Department Head Title ]
APPROVED AS TO FORM:
John D. Lê
City Attorney
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 1 of 2 Exhibit A (Rev. 9.07.21)
EXHIBIT A
SCOPE OF WORK
1. Representatives.
City Representative:
[ insert name ]
[ insert title ]
[ insert Department name ]
2415 University Avenue
East Palo Alto CA 94303
[ insert telephone number ]
[ insert facsimile number ]
Contractor’s Representative:
[ insert name ]
[ insert title ]
[ insert company name ]
[ insert street name and suite #, if any
]
[ insert City, state and zip code ]
[ insert telephone number ]
[ insert facsimile number ]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Contractor Representative and City’s Representative.
2. Services and Schedule.
The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference and performed according to the schedule set forth therein. Contractor will complete all services by [ insert date ].
3. Phased Performance.
If the schedule calls for the services to be performed in phases or discrete increments, Contractor shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.
4. Additional Services. Additional services are those services related to the scope of Services of Contractor as set forth in Exhibit A but not anticipated at the time of execution of this Agreement (“Additional Services”). Additional Services shall be provided only when authorized by an amendment to this Agreement and approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Contractors to perform said Additional Services. Any costs incurred due to the performance of Additional Services prior to the execution of an amendment will not be reimbursed
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 2 of 2 Exhibit A (Rev. 9.07.21)
under this Agreement or an amendment. .
Contractor’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual agreement between City and Contractor, compensation to Contractor shall not exceed the fixed fee amount.
5. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination.
Key personnel: [ INSERT LIST OF EMPLOYEES NAMES – If the project does not require assignment of specific personnel, delete “Key Personnel” section ]
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 1 of 3 Exhibit B (Rev. 9.07.21)
EXHIBIT B
COMPENSATION
1. Contractor’s Compensation.
A. City agrees to pay Contractor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed [ insert dollar amount in words - e.g. Two Thousand Five Hundred Fifty Dollars and 13 Cents ] [ insert dollar amount in number- e.g., $2,550.13 ].
Contractor shall notify City in writing no later than thirty (30) days prior to the estimated date when Contractor will have billed City the maximum payment amount permitted under this Agreement, and Contractor shall provide City with an estimate of the additional compensation required to complete the project.
2. Appropriate Billable Hourly Rates for Services and Additional Services.
Contractor’s billable hourly rates shall be:
[ Insert Name, Title and Hourly Rate ]
or
[“Contractor will perform the services according to the schedule contained in Attachment [insert number] of [insert letter].”]
3. Contractor’s Reimbursable Expenses.
Reimbursable Expenses shall be limited to actual reasonable expenditures of Contractor for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 2 of 3 Exhibit B (Rev. 9.07.21)
4. Payments to Contractor.
A. Payments to Contractor shall be made within a reasonable time after receipt of Contractor’s invoice, said payments to be made in proportion to services performed. Contractor may request payment on a monthly basis.
Contractor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Contractor shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Contractor for correction. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.
5. Accounting Records of Contractor.
Contractor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Contractor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Contractor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Contractor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours notice.
The obligations of Contractor under this section shall survive this Agreement.
6. Taxes.
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 3 of 3 Exhibit B (Rev. 9.07.21)
Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request. Contractor hereby agrees to indemnify and defend City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section pursuant to the Indemnification provisions of this Agreement.
7. Taxpayer Identification Number. Contractor shall provide City with an IRS Form W-9, Request for Taxpayer Identification Number and Certification, containing an original signature and any other State or local tax identification number requested by City.
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 1 of 2 Exhibit C (Rev. 9.07.21)
EXHIBIT C
INSURANCE REQUIREMENTS
I. TYPES OF INSURANCE
A. Commercial General Liability Insurance: Contractor’s General Liability insurance shall include contractual liability coverage. Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the Contractor’s operations under this Agreement, whether such operations be by Contractor or by any sub-Contractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000), in aggregate or Three Million Dollars ($3,000,000) combined single limit bodily injury and property damage for each occurrence.
B. Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Worker's Compensation and Employer's Liability Insurance: Contractor shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, Contractor makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement".
D. Professional Liability Insurance: Contractor shall take out and maintain during the life of this Agreement a policy of professional liability insurance, protecting it against claims arising out of the acts, errors, or omissions of Contractor pursuant to this Agreement, in the amount of not less than One Million Dollars ($1,000,000) per claim. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 2 of 2 Exhibit C (Rev. 9.07.21)
II. ADDITIONAL REQUIREMENTS
A. Broader Insurance Coverage: In the event that Contractor maintains broader coverage and/or higher limits than the City’s minimum requirements, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance shall be called upon to protect it as a named insured.
B. Additional Insured Status: The City of East Palo Alto, its subsidiary agencies, directors, officers, employees, agents, independent contractors and volunteers shall be named as additional insureds on any such policies of comprehensive general and automobile liability insurance.
C. Primary and Non-Contributory Coverage: Except for professional liability and worker's compensation insurance, the policies shall also contain a provision that the insurance afforded to the City, its subsidiary agencies, and their directors, officers, employees, agents, independent contractors and volunteers based on additional insured status shall be primary and noncontributory insurance to the full limits of liability of the policy, and that if the City, its subsidiary agencies and their directors, officers, employees, agents, independent contractors and volunteers have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.
D. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause).
E. Notice of Cancellation: Contractor shall provide thirty (30) days' notice, in writing, to the City, at 2415 University Avenue, East Palo Alto, CA 94303, of any pending change or cancellation of the policy.
F. Deductibles or Self-Insured Retentions: Prior to the execution of this Agreement, any deductibles or self-insured retentions must be declared to and approved by City.
G. Breach: In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 1 of 4 Exhibit D
EXHIBIT D
CITY OF EAST PALO ALTO’S POLICY AGAINST
DISCRIMINATION, HARASSMENT AND RETALIATION
EFFECTIVE DATE: 12/21/2004
REVISED DATE: 1/12/07
ADOPTED BY CITY COUNCIL: 12/21/2004
I. PURPOSES
The purposes of this policy are to emphasize the City's commitment to keeping its workplace free of harassment, discrimination and retaliation, to define and provide examples of the conduct that is prohibited, to summarize the respective responsibilities for preventing, reporting, investigating, and responding to violations and to give clear warning of the serious consequences that violators will face.
A copy of this policy shall be provided to all persons who are subject to it, and shall be posted on City bulletin boards in all City facilities.
II. POLICY
All of the following are prohibited by this Policy:
• Discrimination or harassment in any aspect of City employment based on any legally protected characteristic or status, including sex, gender, sexual orientation, race, color, national origin, language, ancestry, religion, age, marital status, domestic partner, physical disability, mental disability, or medical condition.
• Retaliation for opposing, filing a complaint about, or participating in an investigation of, any such harassment or discrimination. • Aiding, abetting, inciting, compelling, or coercing or any such discrimination, harassment or retaliation, or attempting to do so.
The City will take all reasonable steps necessary to prevent such misconduct from occurring, and to remedy and punish any occurrence. Any City employee, Council member, member of any advisory body, including any Commissioner, Committee member, or Board member found having engaged in any such misconduct will be subject to disciplinary action up to and including termination or censure or removal and will be deemed to have acted outside the course and scope of his or her employment.
This policy applies to all City employees, volunteers, interns, vendors, and contractors as well as to all applicants for City positions.
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 2 of 4 Exhibit D
The policy shall not be interpreted or applied in any manner that would be inconsistent with any applicable State or Federal law or regulation, or increase the legal liability of the City.
III. DESCRIPTION AND EXAMPLES OF PROHIBITED HARASSMENT
Harassment on the basis of sex is unlawful, and is prohibited by this policy. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
• An individual's submission to such conduct is made explicitly or implicitly, a term or condition of that individual's employment; or,
• An individual's submission to or rejection of such conducts is used as the basis for an employment decision affecting that individual; or, • The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, abusive, or offensive work environment.
Sexual harassment need not be motivated by sexual desire or gratification, and may include nonsexual conduct motivated by the violator's hostility towards the victim's gender, or towards the victim's nonconformity to gender stereotypes. Sexual harassment includes not only conduct motivated by gender, but also by pregnancy, childbirth, or a related condition. A harasser may be either male or female, and the victim may either be the same sex or the opposite sex. Even a person who is not the intended target of harassment may be harassed by it if he or she witnesses it.
Sexual harassment may be verbal, visual, or physical. For example:
• Verbal harassment may consist of derogatory, threatening, or intimidating comments, epithets, slurs or jokes; references to gender, physical appearance, attire, sexual prowess, marital status, or pregnancy; or sexual advances, propositions, or demands.
• Visual harassment may consist of displaying or circulating derogatory or offensive posters, cartoons, drawings, photographs, pin-ups, computer images, or electronic media transmissions.
• Physical harassment may consist of assault, battery, or unwelcome, unnecessary and offensive touching (kissing, hugging, patting, rubbing, pinching, brushing against), stating, leering, gesturing, whistling or making noises, impeding or blocking movement, or physical interfering with normal work or movement.
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 3 of 4 Exhibit D
In addition to prohibiting harassment based on sex or gender, this policy also prohibits harassment based on sexual orientation, or upon any other legal protected characteristic or status, such as race, religion, creed, color, national origin, language, ancestry, physical disability, mental disability, medical condition, marital status, domestic partner, or age.
Harassment on the basis of such factors is subject to the principles applicable to sexual harassment, as stated above.
IV. REPORTING DISCRIMINATION, HARASSMENT OR RETALIATION Any City employee, volunteer, intern, vendor, contractor, or applicant who becomes aware of any discrimination, harassment or retaliation prohibited by this policy shall report it immediately to their immediate supervisor, or higher ranking supervisor, or the Assistant City Manager. Under no circumstances shall such a report be required or expected to be made to the person who engaged in the misconduct that is subject to this report.
The responsibility to report conduct prohibited by this policy arises even if the conduct is directed toward someone else and even if the person toward whom it is directed does not want it reported.
Reports may be made orally or in writing, free of requirements as to form.
Because reports of conduct prohibited by this policy will be treated as serious charges, the making of a deliberately false report, or a report made with reckless disregard for its truth or falsity, may subject the maker to disciplinary action.
V. INVESTIGATION AND RESOLUTION
The City of East Palo Alto will investigate all reported violations of this policy. All employees, volunteers, interns, vendors and contractors, members of the City Council, or members of a City advisory body shall cooperate with any such investigation.
Any supervisor, manager department head, member of the City Council, or member of a City advisory body who receives a report of, or who becomes aware of, conduct prohibited by this policy shall promptly report it to the Personnel Officer. Upon receiving the report, the Personnel Officer shall direct any report that accuses a City Council member or appointee to the City Council for investigation and resolution. The City Council shall delegate the responsibility to conduct a prompt, full, and fair investigation to the qualified private investigator.
Upon receiving a report regarding a non-City Council member or appointee, the Personnel Officer shall conduct a prompt, full, and fair investigation, or delegate
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Contractor and Professional Services Agreement Page 4 of 4 Exhibit D
that responsibility to a qualified City employee or private investigator. The person performing the investigation shall:
• Interview the complainant, the accused, and any other person the investigator believe to have knowledge relevant to the charges; • Gather and review any documentary, electronic, or physical evidence relevant to the charges;
• Consult with legal counsel as needed;
• Determine whether the charges can or cannot be substantiated; and • Develop recommendations for appropriate remedial and/or disciplinary action, if any.
VI. OUTSIDE ADMINISTRATIVE AGENCIES
In addition to the remedies described in this Policy, the U.S. Equal Employment Commission and the California Department of Fair Employment and Housing provide administrative complaint and investigation processes as to harassment, discrimination or retaliation on the basis of a protected status. The toll free telephone number for such office is listed below:
California Department of Fair Employment and Housing 1.800.233.3212 U.S. Equal Employment Opportunity Commission 1.800.669.4000
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Attachment: EPA Standard Agreement Contractor and Professional Services Agreement (5) (2570 : University Avenue Safety Enhancements Total
PIC
Project
Manager QA/QC Task Lead
Project
Engineer
Project
Engineer
Project
Engineer
Civil
Engineering
Manager
Civil
Engineering
Manager
Senior Civil
Engineer
Senior Civil
Engineer Engineer
Assistant
Engineer
Senior Field
Engineer
2-Person
Field Crew
Senior
Technician
Nayan Amin Sayed Fakhry Ruta Jariwala Rutvij Patel
Anna
Highsmith
Andrew
Dickinson
Manuel
Montero
Tracy
Giorgetti
Zeferino
Jimenez Jeff Williams Ryan Fong Hilda Garcia Shaun Mehl Shane Steed TBD Candice
Lownsberry
$ 283.35 $ 238.52 $ 283.35 $ 202.91 $ 132.13 $ 128.05 $ 121.78 $ 237.00 $ 237.00 $ 213.00 $ 204.00 $ 138.00 $ 118.00 $ 207.00 $ 278.00 $ 146.00 1 Project Management 2 32 34 $8,199 8 8 $1,704 $9,903
2 Survey & Mapping 6 10 15 15 3 24 8 81 $16,843 $16,843 3 Preliminary Design 2 8 4 8 20 20 20 82 $12,871 20 45 65 $9,570 $22,441 4 Public Outreach and Coordination 4 4 8 16 $2,823 0 $0 $2,823 5 Design (50%, 100%, & Bid Set) 4 40 16 40 160 120 120 500 $74,445 15 100 50 295 460 $66,565 $141,010 6 Bid and Construction Support 8 12 16 36 $6,457 4 16 16 36 $6,244 $12,701 7 Reimbursables
Proposal Subtotal 8 92 20 64 204 140 140 668 $104,795 6 19 154 15 50 371 3 24 8 650 $100,926 $205,721 Optional Services
A -------- 0 $0 0 $0 $0
B -------- 0 $0 0 $0 $0
C -------- 0 $0 0 $0 $0
D -------- 0 $0 0 $0 $0
E -------- 0 $0 0 $0 $0
Total Optional Services 0 0 0 0 0 0 0 0 $0 0 0 0 0 0 0 0 0 0 0 $0 $0 Total Including Optional Services 8 92 20 64 204 140 140 668 $104,795 6 19 154 15 50 371 3 24 8 650 $100,926 $205,721 City of East Palo Alto
RFP for University Avenue Safety Enhancements - HSIP Cycle 10 Project ST-17 Prepared By TJKM Transportation Consultants
Tasks TJKM Subconsultants - HMH
Task # Task Description Total Fee
TJKM
Total
Hours
TJKM
Total
Labor
Costs
HMH
Total Labor
Costs
HMH
Total
Hours
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Attachment: Cost Proposal (2570 : University Avenue Safety Enhancements Project)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Azalea Renfield, Assistant to the City Manager
SUBJECT: Acceptance of ARPA grant funding from the County of San Mateo’s Office of Aging and Adult Services for the Senior Transportation Program Recommendation
Adopt a resolution authorizing the City Manager to accept a grant and negotiate and execute a grant agreement with the County of San Mateo’s Aging and Adult Services in the amount of $40,904 for seniors’ transportation services for the period of January 1, 2023, to September 30, 2024.
Alignment with City Council Strategic Plan
• Enhance community services and parks
Background
On December 6, 2022, the City was notified that San Mateo County’s Office of Aging and Adult Services (OAAS) had Federal American Rescue Plan Act (ARPA) funds for Senior Coastsiders available. OAAS received their Area Agency on Aging (AAA) allocation from the California Department of Aging and could provide funds to senior service providers throughout San Mateo County. The City was eligible to receive these $40,904 for the Senior Transportation Program. After completing the required application materials, the City was awarded $40,904 on February 27, 2023.
Analysis
The City’s existing relationship with OAAS, being a recipient of a four-year grant agreement paying $49,214 annually for the City’s Congregate Nutrition and Transportation Program, made the process for receiving this $40,904 grant very simple. The City only needed to submit a short form and execute a contract.
Staff recommends that City Council authorizes the City Manager to accept funding to increase transportation services such as field trips.
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Fiscal Impact
The total annual grant award is $40,094 which will help offset the costs of senior transportation.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.
Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.
Attachments
1. Resolution
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ATTACHMENT 1
Resolution No. XX-2023 1 of 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AND EXECUTE A GRANT AGREEMENT WITH THE COUNTY OF SAN MATEO’S AGING AND ADULT SERVICES (OAAS) IN THE AMOUNT OF $40,904 SENIORS’ TRANSPORTATION SERVICES FOR THE PERIOD OF JANUARY 1, 2023, TO SEPTEMBER 30, 2024
WHEREAS, on February 23, 2022, San Mateo County’s Office of Aging and Adult Services (OAAS) released a Request for Proposals (RFP) to senior service providers for a four-year (48- months) grant to support a variety of senior services, including the Senior Congregate Nutrition and Transportation program; and
WHEREAS, the City has supported senior nutrition, transportation, and other related programs since July 2002; and
WHEREAS, both the Congregate Nutrition and the Transportation Programs provide a necessary public good to provide nutritious meals a congregate environment that seeks to provide wellness, social engagement and reduce isolation of our aging community; and WHEREAS, the City was notified that OAAS received their Area Agency on Aging (AAA) allocation from the California Department of Aging and about the availability of Federal American Rescue Plan Act (ARPA) funds specifically for our senior transportation program; and WHEREAS, on February 27, 2023, the City was notified of an ARPA award grant in the amount of $40,904 for the period of January 1, 2023, to September 30, 2024 to be used for senior transportation services and activities.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO hereby authorize the City Manager to accept a grant and negotiate and execute a grant agreement with the County of San Mateo’s Aging and Adult Services in the amount of $40,904 and spend the amount for seniors’ transportation services for the period of January 1, 2023, to September 30, 2024.
PASSED AND ADOPTED this 4th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Attachment: Resolution (2621 : Aging Adult Services AARPA) ATTACHMENT 1
Resolution No. XX-2023 2 of 2
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
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Attachment: Resolution (2621 : Aging Adult Services AARPA)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Elena Lee, Planning Manager
Amy Chen, Community & Economic Development Director
SUBJECT: Proposed Extension and 2nd Amendment to the Good City Company Master Consulting Agreement for Planning Services
Recommendation
Adopt a resolution:
1. Waiving the formal bid procedures under section 2.84.070(D) of the Municipal Code; and
2. Authorizing the City Manager to execute a second amendment to the current Master Consultant Agreement, in a form approved by the City Attorney, with Good City Company, to:
a. Increase the contract in the amount of $700,000 for a total not-to-exceed amount of $1,450,000.00.
b. Extend term to July 20, 2025, which would include two six (6) month extensions at the sole discretion of the City Manager.
c. Authorize Good City Company to provide consultant services for any project in East Palo Alto, as determined by City staff and consistent with the City’s Developer Reimbursement protocols.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
➢ Promote housing, economic and workforce development
➢ Promote public health and safety
Background
On September 15, 2020, the City Council approved a Master Consulting Agreement (MCA) with the Good City Company (GCC), in an amount not to exceed $500,000, to provide project management and coordination for development proposals within the
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RBD Specific Plan area1. On July 20, 2021, the City Council approved the first amendment to the GCC MCA to increase the budget by $250,000 for a total of $750,000 to allow for additional planning project management2.
In 2022, GCC also processed two Planning entitlements, both located in the Westside Area: University Circle Phase II and Woodland Park Euclid Improvements projects.
Analysis
GCC is currently processing four large development applications (as listed below in Table 1) and coordinating with Raimi + Associates who are providing analysis, community engagement, and environmental review necessary for the City Council to review the Ravenswood Business District (“RBD”) Specific Plan. In 2022, GCC processed two large projects on the West Side: Woodland Euclid Improvements and University Circle Phase II. Both development projects included Environmental Impact Reports and Development Agreements. Since the West Side projects were more complex, and the four RBD projects are anticipating similar components and requiring intricate coordination, the GCC budget is being expended more quickly than anticipated.
The first GCC amendment was approved due to multiple vacancies in the Planning Division. While new staff have been hired, there is still one vacancy, and it may take several months before the position is filled and the new staff are sufficiently trained. In addition, other consultants under contract for project management services have little capacity to assist the City of East Palo Alto at this time. Staff also expects new applications, both within and outside of the RBD.
Due to the current capacity issues described above, staff recommends formal bidding procedures be waived so that the Good City Company MCA budget be increased to address the anticipated cost increase and also to provide services for additional projects in East Palo Alto, as determined by staff and consistent with the City’s Developer Reimbursement protocols.
The Good City Company will continue to provide senior or principal-level project management and other services including, but are not limited to, the following activities:
1. Application intake and reporting;
2. Consultation with other City departments as needed;
3. Coordinate with Applicants when additional information is required by City Departments and technical consultants;
4. Participate in periodic project coordination meetings;
5. Preliminary project and application review;
6. Formal application review and evaluation for completeness;
7. Analysis of zoning, General Plan, Specific Plans, and Area Plans; 1 Link to staff report:
http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=None&MeetingID=1283&MediaPositio n=15893.831&ID=1306&CssClass=
2 Link to staff report:
http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=None&MeetingID=1420&MediaPositio n=95.624&ID=1816&CssClass=
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8. Site visits and applicant meetings;
9. Preparation of staff reports for review by advisory bodies, Planning Commission, and City Council as required;
10. Engagement and management of technical consultants for specific tasks or reports;
11. Interfacing with sub-consultants hired through Master Consulting processing for project-specific work;
12. Interfacing with other consultants (as relevant to project);
13. Presentations and/or assistance to City staff with project presentations to the Planning Commission, City Council, or other City hearing bodies as needed;
14. Conduct of scoping, outreach, or public information meetings with City staff; and,
15. Perform related duties and responsibilities as required.
Proposed Budget Amendment: $700,000 (Paid via Developer Pass-Through Agreements)
The City anticipates that the Good City Company will continue to be the project lead for the four RBD projects, and to support these projects, $95,000 will be added to support each. Also with this amendment, $20,000 will be added for the finalization of the Woodland Park entitlement and $300,000 will be available for GCC to process two to three additional development projects in the City of East Palo Alto, for a total increase of $700,000. Developers will be required to pay 100% of the costs associated with the Good City Company contract.
Table 1
Projects Developer Addition to Project
Management Budget
University Circle Phase II Seven Bridges Properties $0
Woodland Euclid Sandhill Properties $20,000
2020 Bay Road Bay Road Holdings, LLC $95,000
The Landing Harvest Properties $95,000
EPA Waterfront Emerson Collective $95,000
Four Corners Sandhill Properties $95,000
New Project TBD $100,000
New Project TBD $100,000
New Project TBD $100,000
TOTAL $700,000
Revised Terms for the Contract
Staff also proposes to extend the contract, which expires July 20, 2023, due to the additional work and projects. The original MCA includes two (2) six (6) month extensions at the sole discretion of the City Manager. Due to the complexity of the RBD projects and the proposal for additional services, staff also proposes to extend the term for two years to July 20, 2025 and include two (2) six (6) month extensions at the sole discretion of the City Manager. The RBD Specific Plan Update is anticipated to be completed at the end of 2023 and three of the RBD development projects cannot be
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approved until after the RBD is amended.
If approved, the following terms in bold text will be amended in the existing MCA.
Please see executed MCA attached for reference.
Table 2
Consultant Service
Up to
Contract
Amount
Proposed
Term Extensions
The Good City
Company
Project Management
for proposals in the
City of East Palo Alto
$1,450,000
July 2023
to July
2025
Two (2) six (6) month
extensions at the
sole discretion of the
City Manager
Fiscal Impact
There is no fiscal impact associated with this report. A developer reimbursement agreement (DRAs) will be set up among each project to cover Good City Company costs and the DRA’s will also include a 10% rate charged to the project to cover City staff overhead.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.
Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.
Attachments
1. Resolution
2. Good City Company Master Consultant Agreement
3. Good City Company MCA First Amendment
3.5 Packet Pg. 55
Resolution No. XX-2023 1 of 2
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO WAIVE FORMAL BID PROCEDURES AND EXECUTE A
FIRST AMENDMENT TO THE CONTRACT WITH GOOD CITY COMPANY, IN A FORM APPROVED BY THE CITY ATTORNEY TO: (1) INCREASE THE CONTRACT IN THE AMOUNT OF $700,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $1,450,000; (2) EXTEND TERM TO JULY 20, 2025, WHICH WOULD INCLUDE TWO SIX (6) MONTH EXTENSIONS AT THE SOLE DISCRETION OF THE CITY MANAGER; AND (3) AUTHORIZE GOOD CITY COMPANY TO
PROVIDE CONSULTANT SERVICES FOR ANY PROJECT IN EAST PALO ALTO, AS DETERMINED BY CITY STAFF AND CONSISTENT WITH THE CITY’S DEVELOPER
REIMBURSEMENT PROTOCOLS
WHEREAS, the City of East Palo Alto (“City”) is experiencing a significant increase in development activity; and
WHEREAS, City staff is seeking additional capacity to help analyze the current development activity; and
WHEREAS, City staff seeks to improve the City’s process of reviewing development applications by utilizing Master Consultant Contracts, Development Reimbursement Agreements, and Master Fee Reimbursement Agreements; and
WHEREAS, Good City Company has experience working in and with the community of East Palo Alto within the Ravenswood Business District Plan area in the capacity of project management and coordination for development proposals; and
WHEREAS, the City has experienced capacity issues relating to project management and coordination for development proposals, including remaining vacancies in the Planning Division, the difficulty the City has faced in staffing up and training to full capacity, and the unavailability of other consultants under contract for project management services at this time, yet the City fully expects new applications, both within and outside of the Ravenswood Business District Plan area; and WHEREAS, City staff has determined that the Good City Company has the necessary experience and capacity to provide services for any project in East Palo Alto, as determined by City staff and consistent with the City’s Developer Reimbursement protocols; and WHEREAS, based on the foregoing, including, due to the Good City Company’s detailed knowledge and experience with East Palo Alto, and experience overall as project lead for major development projects within the Bay Area, the City Manager recommends that the City Council waive the formal bidding procedures to permit the City Manager to amend the contract with the Good City Company to allow for additional services related to development applications.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Accepts the foregoing recitals as true and correct;
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Attachment: Resolution [Revision 1] (2613 : Proposed Extension & Amendment to GCC Contract) Resolution No. XX-2023 2 of 2
2. Pursuant to Section 2.84.070 of the East Palo Alto Municipal Code, waives the bidding procedures; and
3. Authorizes the City Manager to execute a Second Amendment, in a form approved by the City Attorney, with Good City Company to:
a. Increase the contract amount by Seven Hundred Thousand Dollars ($700,000) for a total notto-exceed One Million, Four Hundred and Fifty Thousand Dollars ($1,450,000); Extend the contract term from July 20, 2023 to July 20, 2025, including authorizing two six-month extensions of the agreement, at the discretion of the City Manager; and b. Authorize Good City Company to provide consultant services for any project in East Palo Alto, as determined by City staff and consistent with the City’s Developer Reimbursement protocols.
PASSED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
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Attachment: Resolution [Revision 1] (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company Master Consultant Agreement (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company MCA First Amendment (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company MCA First Amendment (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company MCA First Amendment (2613 : Proposed Extension & Amendment to GCC Contract)
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Attachment: Good City Company MCA First Amendment (2613 : Proposed Extension & Amendment to GCC Contract)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Batool Zaro, Associate Engineer
Humza Javed, Public Works Director
SUBJECT: Joel Davis Restroom Project
Recommendation
Adopt a resolution:
1. Authorizing the City Manager to award, negotiate and execute a construction contract, in a form approved by the City Attorney, with Kerex Engineering Inc., in the amount of $369,300.00, establish a 15% construction contingency in the amount of $55,395.00 for a total construction budget of $424,695.00, and execute future change orders in an amount not-to-exceed the appropriated construction contingency.
2. Finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15303 of the CEQA Guidelines; and
3. Transferring $228,102 from General Fund to CIP Fund.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
• Promote a health and safe community
• Enhance community services and parks
Background
Capital improvement project (CIP) PK-05, Joel Davis Park Improvements, includes the installation of a public restroom at Joel Davis Park. The availability of a restroom will help support greater use of the park. Currently, there are no bathrooms at the park.
Joel Davis Park is a 2.8-acre park located at 1960 Tate Street. Features of the park include a
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play structure, barbeque grills, a large lawn for all-purpose play, and a perimeter sidewalk primarily used as a walking loop. Both the City’s General and Capital Improvement Plans have identified minor improvements for Joel Davis Park including, but not limited to, installing a bathroom, playfield upgrades, and other recreation opportunities for community members. In 2021, there was outdoor fitness equipment installed at the park which has been well received by the community.
On April 20th, 2021, City Council adopted a resolution approving an application for capital grant funding for Joel Davis Park through Prop 68. The City received the grant to partially help fund the installation of the restroom. The grant performance period is through June 30th, 2024. This project is scheduled in the City’s 2-year CIP that was approved by City Council in 2022.
The Project was presented to the Public Works and Transportation Commission (“Commission”) at its regular meeting held on July 20, 2022, to solicit feedback from the Commission and the public. Notices were mailed to the residents within 300 feet of the park.
The bid package for this project can be found on the City website linked below:
https://www.cityofepa.org/publicworks/page/joel-davis-park-restroom-project Analysis
The project was advertised on February 14, 2023, for solicitation of construction bids. On March 14, 2023, sealed bids were received, publicly opened via Zoom, and read aloud by the City Clerk and a Public Works Engineer. Two (2) contractors submitted bids for the Project with the following bid results:
No. Company Name Total Base Bid Amount
1 Kerex Engineering $369,300.00
2 McNabb Construction $436,436.00
The bid analysis is included as Attachment 2 to this report.
Kerex Engineering submitted the lowest base bid in the amount of $369,300.00 for a double restroom. An alternate bid was also included which includes a single restroom. There is an approximate savings of $69,000.00 if the City installs a single room restroom. The Commission at its July 20, 2023 meeting recommended a double restroom instead of a single as the double restroom is a standard implemented at parks city-wide. Staff supports this recommendation.
City staff performed a bid analysis, verified qualifications, and checked references for the lowest bidder.
Contingent upon completing all insurance and bonding requirements of the Contract Specifications, staff recommends that the City Council authorize the City Manager to execute a construction contract with Kerex Engineering, the lowest responsive and responsible bidder, in an amount not-to-exceed $369,300.00 and appropriating an additional $55,395.00 (15%) for construction contingency.
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Fiscal Impact
This project will be funded by a combination of State Funds and CIP Fund (by way of General Fund) as follows.
Funding Source Amount
General per capita program $177,952
Urban county per capita $18,641
City CIP Fund (by way of General Fund) $228,102
Total $424,695
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto
Environmental
The proposed action is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301 (Class 1) and 15303 (Class 3) because the project consists of the minor alteration of existing public park facilities, including the construction and location of limited numbers of new facilities and structures.
Section 15301 of the CEQA guidelines provides for “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” Projects eligible for this exemption include “Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety. (14 Cal. Code Regulations § 15301(d).) Because the Project seeks to improve an existing park, the Project will not result in the expansion of existing uses, and thus, Project is exempt under this provision.
Section 15303 of the CEQA guidelines provides for a categorical exemption for “construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.” Projects eligible for this exemption include “Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.” (14 Cal. Code Regulations § 15301(e).)
Attachments
1. Joel Davis Restroom Project - Resolution
3.6 Packet Pg. 90
Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX – 2023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO AWARD, NEGOTIATE AND EXECUTE A CONSTRUCTION CONTRACT WITH KEREX ENGINEERING INC.IN THE AMOUNT OF $369,300.00 FOR THE JOEL DAVIS RESTROOM PROJECT, ESTABLISH A 15% CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $55,395.00 FOR A TOTAL CONSTRUCTION BUDGET OF $424,695.00, EXECUTE FUTURE CHANGE ORDERS IN AN AMOUNT NOT-TO-EXCEED THE APPROPRIATED CONTINGENCY; FINDING THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA; AND TRANSFERRING $228,102 FROM GENERAL
FUND TO CIP FUND
WHEREAS, Capital Improvement Project (CIP) PK-05, Joel Davis Park Improvements, includes the installation of a public restroom at Joel Davis Park; and WHEREAS, on April 20, 2021, City Council adopted a resolution approving an application for capital grant funding for Joel Davis Park through Prop 68. The City received the grant to partially help fund the installation of the restroom; and
WHEREAS, the Project was presented to the Public Works and Transportation Commission at its regular meeting held on July 20, 2022, for feedback from the commission and the public; and WHEREAS, on March 14, 2023, the City of East Palo Alto (“City”) received sealed bids that were publicly opened via Zoom and read aloud by the City Clerk and a Public Works Engineer; and WHEREAS, there were a total of two (2) contractors who submitted bids for the project with Kerex Engineering being the lowest responsible bidder with a bid amount of $369,300; and WHEREAS, City staff performed a bid review, verified qualifications, and checked references for the lowest responsible bidder, and deemed the package satisfactory; and WHEREAS, the proposed park improvements project consists of the minor alteration of existing public park facilities, including the construction and location of limited numbers of new facilities and structures.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Finds the foregoing recitals are true and correct and are incorporated by reference into this action;
2. Awards and authorizes the City Manager to execute a construction contract, in a form approved by the City Attorney, with Kerex Engineering Inc., in the amount of $369,300.00; establish a 15% construction contingency in the amount of $55,395.00, for a total construction budget of $424,695.00, and execute future change orders in an amount not-toexceed the appropriated construction contingency; and
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Attachment: Joel Davis Restroom Project - Resolution (2610 : Joel Davis Restroom Project) Resolution No. XX-2023 2 of 2
3. Finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15303 of the CEQA Guidelines; and
4. Transfer $228,102 from General Fund to CIP Fund.
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Attachment: Joel Davis Restroom Project - Resolution (2610 : Joel Davis Restroom Project) Resolution No. XX-2023 3 of 2
PASSED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
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Attachment: Joel Davis Restroom Project - Resolution (2610 : Joel Davis Restroom Project)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
Bo-Kyoung Kim, Financial Services Manager
SUBJECT: Contract with Eide Bailly LLP to perform Audit services Recommendation
Adopt a resolution authorizing the City Manager to execute an agreement with Eide Bailly for audit services in amounts not to exceed $67,568.00 for fiscal year 2022-2023, $73,895.05 for fiscal year 2023-2024, and $76,305.38 for fiscal year 2024-2025; with an option to extend for two additional years if service remains acceptable to the City.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
• Ensure our financial and organizational health
Background
Government agencies are required by law to undertake an independent audit of their annual financial statements. The purpose of the audit is for the independent audit firm to express an opinion about whether the City’s financial statements are free of material misstatements and present fairly its financial position, in conformance fairly with generally accepted accounting principles, and in compliance with the Government Accounting Standards Board statements.
The City’s audited financial statements also serve to provide relevant financial information to its residents, City Council, City staff, creditors, investors, and other interested parties Analysis
Over the last nine years, the City has contracted with Badawi & Associates for audit services.
The current engagement concluded with the completion of the annual financial audit for the fiscal year ending June 30, 2022. Per the City’s financial policy and the best practice recommended by Government Finance Officers Association (GFOA), the City is required to solicit a competitive request for proposal for audit services no less frequently that every five
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years. However, due to the outbreak of the Covid-19 pandemic and remote work environment, staff sought Council approval to extend the agreement with Badawi & Associates for a total of two additional years, and the City Council granted such extensions.
On February 22, 2023, the City initiated a competitive Request for Proposal (RFP) to solicit bids/proposals for a new contract for audit services with a contract term of three years and an option to extend for two additional years. The City received three audit proposals as follows:
[Annual cost]
Badawi & Associates Eide Bailly The Pun Group
$ 68,958.33 $ 72,589.48 $ 67,484.67
Staff noted all cost proposals were within the budget and competitive with an insignificant difference. Per GFOA best practice recommendation, it reads “the audit procurement process should be structured so that the principal factor in the selection of an independent auditor is the auditor’s ability to perform a quality audit, and price should not be allowed to serve as the sole criterion for the selection of an independent auditor”. Accordingly, these proposals were evaluated by three City staff and an outside panel member based on the responses from interviews conducted on March 23, 2023, as well as additional due diligence with reference checks in addition to the cost proposals. This comports with the City’s purchasing ordinance, which allows the City to consider factors other than price. East Palo Alto Municipal Code Section 2.84.080(H) (“ability, capacity, skill” and “quality of performance by the bidder of previous...services for the city...”).
Based on the above evaluation process, staff has concluded that Eide Bailly is the lowest responsible bidder for providing audit services to the City of East Palo Alto. The attached resolution will authorize the City Manager to enter into an agreement with Eide Bailly to provide annual auditing services through the fiscal year ending 2025 with an option to extend for additional two years. As part of the agreement, the City reserves the right to extend the term of the contract for two additional years if Eide Bailly’s services remain acceptable to the City.
Fiscal Impact
The professional services agreement with Eide Bailly is for the fiscal year ending June 30 2023 through 2025. The fees are within the finance department baseline budget criteria. The fees for the respective years are not to exceed:
FY 2022-23 $ 67,568.00
FY 2023-24 $ 73,895.05
FY 2024-25 $ 76,305.38
Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.
Attachments
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1. Resolution
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Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX – 2023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EIDE BAILLY FOR AUDIT SERVICES IN AMOUNTS NOT TO EXCEED $67,568.00 FOR FISCAL YEAR 2022-2023, $73,895.05 FOR FISCAL YEAR 2023-2024, AND $76,305.38 FOR FISCAL YEAR 2024-2025; WITH
AN OPTION TO EXTEND FOR TWO ADDITIONAL YEARS IF SERVICE REMAINS ACCEPTABLE
TO THE CITY
WHEREAS, over the past nine years, the City has contracted with Badawi & Associates for audit services; and
WHEREAS, the City Council’s adopted financial policy states that staff shall solicit a competitive request for proposal for audit services no less frequently that every five years: and WHEREAS, Due to the outbreak of the Covid-19 pandemic and remote work environment, Council approved to extend the agreement with Badawi & Associates for a total of two additional years, and the City Council granted such extensions; and
WHEREAS, on February 22, 2023, City initiated a competitive Request for Proposal (RFP) to solicit proposals for audit services with a contract term of three years and an option to extend for two additional years; and
WHEREAS a total of three accounting firms submitted proposals in response to the RFP; and WHEREAS, City staff has concluded that Eide Bailly, who has shown to have performed relevant services to the City over the last nine years at the requisite skill and ability level, is the lowest responsible bidder for providing audit services to the City of East Palo Alto.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Finds the foregoing recitals are true and correct and are incorporated by reference into this action; and
2. Authorizes the City Manager to execute an agreement, in a form approved by the City Attorney, with Eide Bailly for audit services in amounts not to exceed $67,568.00 for fiscal year 2022- 2023, $73,895.05 for fiscal year 2023-2024, and $76,305.38 for fiscal year 2024-2025; with an option to extend for two additional years if service remains acceptable to the City.
PASSED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
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Attachment: Resolution (2616 : Contract with Eide Bailly LLP to perform Audit services) Resolution No. XX-2023 2 of 2
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
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Attachment: Resolution (2616 : Contract with Eide Bailly LLP to perform Audit services)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Glen March, Senior Engineer
Humza Javed, Public Works Director
Batool Zaro, Associate Engineer
SUBJECT: Comments to the Notice of Preparation of Environmental Impact Report for the Searsville Watershed Restoration Project dated February 14, 2023 Recommendation
By motion:
1. Provide staff direction regarding any desired modifications to the draft comment letter for the Notice of Preparation (NOP) of Environmental Impact Report for the Searsville Watershed Restoration Project (proposed) dated February 14, 2023; (Attachment 1); and
2. Direct the City Manager to transmit the final comment letter to the California Department of Water Resources to serve as the City’s official comments to the NOP for the proposed Project.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
· Promote public health and safety
Background
Searsville Reservoir is an artificial impoundment created by the construction of Searsville Dam in 1891 on Corte Madera Creek, just upstream of the confluence where it joins with Bear Creek and forms San Francisquito Creek. Stanford owns and operates the Searsville Reservoir and Dam, the San Francisquito Creek Pump Station, and Felt Reservoir and uses these facilities to supply non-potable water for irrigation, stock watering, and fire suppression. Since construction of the dam, Searsville Reservoir has been filling with sediment, and water storage capacity has been reduced from about 1,200 acre-feet to about 100 acre-feet. The reservoir will eventually
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fill completely with sediment, at which point sediment originating in the upper watershed will pass over the dam and deposit downstream in San Francisquito Creek, increasing the risk of flooding. The EIS/EIR will analyze Stanford's proposed project to modify Searsville Dam and Reservoir and restore reaches of Corte Madera Creek and San Francisquito Creek upstream and downstream of the dam, expand Felt Reservoir, and upgrade the existing San Francisquito Creek pump station.
To address these issues, Stanford has proposed a multi-phase project on Stanford property at Searsville Reservoir and Dam; in Corte Madera and San Francisquito Creeks from Searsville Dam downstream to Interstate 280 in unincorporated San Mateo County; at Felt Reservoir in unincorporated Santa Clara County; and at the San Francisquito Creek Pump Station site which straddles the boundary between San Mateo and Santa Clara counties.
The proposed project includes the following components: (1) constructing a gated tunnel through Searsville Dam to flush a substantial amount of trapped sediment, restore natural sediment transport, reestablish fish passage conditions, and improve ecosystem function; (2) restoring a confluence valley supporting a variety of habitats above Searsville Dam; (3) constructing channel improvements to facilitate fish passage conditions below Searsville Dam, through the proposed tunnel, and in restored creek channels upstream of the dam; (4) constructing sediment trapping, habitat improvement, and bank stabilization features on Corte Madera and San Francisquito Creeks between Searsville Dam and I-280; (5) relocating the existing point of diversion at Searsville Reservoir to the San Francisquito Creek Pump Station site and modifying the Pump Station to accommodate increased diversions to Felt Reservoir; and (6) constructing a new dam at Felt Reservoir and expanding that reservoir's design capacity to a total of 1,800 acre-feet.
Analysis
The City of East Palo Alto (City) is concerned about the potential adverse impacts of the proposed Project on the City of East Palo Alto. The City’s primary concerns are: (1) the potential increase in flooding in the City, as well as (2) sediment transport in the San Francisquito Creek (Creek) and how Stanford will remove sediment that is transported to the City.
The City requests that the Project team address the City comments as part of the conceptual design and Environmental Impact Report. The draft comments are included as Attachment 2 to this report. The City comments are consistent with the comments being prepared by the San Francisquito Creek Joint Powers Authority (SFCJPA).
Fiscal Impact
There is no fiscal impact created by submitting the comment letter.
Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.
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Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.
Attachments
1. Searsville NOP
2. DRAFT EPA Searsville NOP Comments Letter
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Searsville Watershed Restoration Project 1 ESA / D202000415 Notice of Preparation February 2023
NOTICE OF PREPARATION OF ENVIRONMENTAL
IMPACT REPORT FOR THE SEARSVILLE
WATERSHED RESTORATION PROJECT
February 14, 2023
Notice is hereby given that the California Department of Water Resources (DWR), as the Lead Agency under the California Environmental Quality Act (CEQA), will prepare an Environmental Impact Report (EIR) for the proposed Searsville Watershed Restoration Project (SWRP or Project) located in San Mateo and Santa Clara counties, California. While the Leland Stanford Junior University (Stanford University or Stanford) is proposing to implement the Project, DWR is the lead agency under CEQA because the proposed Project would require authorization by DWR, through the Division of Safety of Dams. The U.S. Army Corps of Engineers (USACE), San Francisco District is the lead Federal agency under the National Environmental Policy Act (NEPA) because the proposed Project would involve the discharge of dredged or fill material info waters of the United States requiring a Department of the Army permit under section 404 of the Clean Water Act. As such, the document will be prepared as a joint Environmental Impact Statement (EIS)/EIR. Written comments on the Notice of Preparation (NOP) can be submitted anytime during the NOP review period, which begins February 14, 2023 and ends at 5:00 p.m. on March 17, 2023. Two virtual public scoping meetings will be held via Zoom on Tuesday, February 28, 2023 from 3:00 to 4:30 p.m. at https://kearnswest.zoom.us/j/82343204260 and 6:00 to 7:30 p.m. at https://kearnswest.zoom.us/j/89875146206 to receive comments on the scope and content of the EIS/EIR, as described below. The USACE published a Notice of Intent to prepare an EIS in the Federal Register on February 7, 2023 and will utilize the same scoping meetings for purposes of NEPA compliance.
While this NOP is in English, for translations in other languages or language access requests, please contact [email protected].
The proposed SWRP includes the following major components:
• Modifications to Searsville Dam to restore natural hydrologic and sediment flows and enable fish passage and other environmental benefits without increasing downstream flood risks; • Upgrades to the San Francisquito Creek Pump Station (Pump Station) to enable the Searsville Reservoir point of diversion to be relocated downstream to the Pump Station; and • Replacement of Felt Dam with a new, larger dam positioned to enable the capacity of Felt Reservoir to be increased so that storage of Searsville non-potable water supplies can be relocated to an expanded Felt Reservoir.
DWR invites each responsible and trustee agency, and each Federal agency involved in approving or funding the proposed Project, to provide input as to the scope and content of the environmental information that is germane to the agency’s statutory responsibilities in connection with the proposed Project. DWR also invites comments from Native American tribes and members of the
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public on the scope and content of the EIS/EIR, as well as suggested alternatives to the proposed Project that may be considered in the EIS/EIR.
INTRODUCTION
CEQA specifies that a public agency must prepare an EIR on any discretionary project that it proposes to carry out or approve that may have a significant direct or indirect effect on the physical environment. As indicated above, Stanford University is proposing to implement the Project.
Central project components, pertaining to dams and reservoirs, are subject to DWR’s Division of Safety of Dams regulation and supervision under the California Water Code and Title 23 of the California Code of Regulations. Pursuant to CEQA Guidelines Section 15063(a), an Initial Study has not been prepared because DWR has determined that an EIR is clearly required to evaluate potential impacts of the proposed Project. As the lead agency, DWR will prepare a project-level EIS/EIR that evaluates the potential significant environmental effects of the proposed Project. The project description, location, and potential environmental effects are summarized further below.
PROJECT LOCATION
The SWRP is proposed on property owned by Stanford University. The SWRP is situated on the San Francisco Peninsula approximately 35 miles southeast of San Francisco and 20 miles northwest of San Jose. The larger study area for the proposed Project is located in the San Francisquito Creek watershed and spans seven local jurisdictions, including unincorporated areas of Santa Clara and San Mateo counties; the incorporated Cities of Palo Alto, East Palo Alto, and Menlo Park; and the Towns of Portola Valley and Woodside. The proposed Project would be implemented at Searsville Reservoir and Dam, and in Corte Madera and San Francisquito creeks between Searsville Dam and Interstate 280 in unincorporated San Mateo County; Felt Reservoir in unincorporated Santa Clara County; and the Pump Station site, which straddles the Santa Clara/San Mateo County boundary.
Refer to Figure 1 for the location of the proposed Project.
BACKGROUND INFORMATION
Planning for the proposed Project began in 2011, when Stanford University formed a faculty and staff Steering Committee and Working Group to develop a recommended course of action for the future of the Searsville Dam and Reservoir, taking into account its continued sedimentation, surrounding environmental resources and the San Francisquito Creek watershed. An Advisory Group representing community and resource agency perspectives provided input and recommendations. Key existing facilities associated with the proposed Project are described below.
Searsville Reservoir
Searsville Reservoir is an artificial impoundment built in 1891 on Corte Madera Creek (refer to Figure 1). Searsville Reservoir is a non-potable water source of irrigation supply for functional turf and landscaping at the Stanford campus, and the Stanford Golf Course; stock watering: and fire suppression. The geology of the San Francisquito Creek watershed causes significant natural erosion and turbidity, particularly in Corte Madera Creek, which is located on a shear zone of the
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San Andreas Fault. As a result, Searsville Reservoir has been filling with natural sediment.
Searsville Dam currently retains an estimated 2.7 million cubic yards of coarse and fine sediment.
The reservoir’s water storage capacity has been reduced from about 1,200 acre-feet1 to about 100 acre-feet, and the reservoir is anticipated to eventually fill completely with sediment. The existence of Searsville Dam has also transformed the area upstream of the dam from a confluence valley with mostly free-flowing streams to one with a mix of open water surrounded by floodplain and wetland delta.
Felt Reservoir
Felt Dam, an earthen embankment dam, was originally built in 1875, expanded in 1889, and replaced in 1929. Felt Reservoir is a potable water storage facility. Water stored in Felt Reservoir is supplied from a diversion structure on Los Trancos Creek, the Pump Station on San Francisquito Creek,2 and surface water diversions from the Searsville Reservoir. Felt Reservoir also stores stormwater captured through Stanford’s campus stormwater collection system. The design capacity of the reservoir is 1,024 acre-feet. In 2020, Stanford conducted a seismic evaluation, which found that although Felt Dam complies with safety requirements based on the California Department of Water Resources, Division of Safety of Dam’s Inspection and Reevaluation Protocols (2018)3 for existing dams, when Felt Reservoir is at full capacity, the failure risk for the dam is considered by Stanford to be unacceptably high in comparison to the design requirements for new dams and given Stanford’s risk tolerance. Stanford is voluntarily restricting the maximum amount of water that is stored in the existing reservoir to 200 acre-feet.
San Francisquito Creek Pump Station
The Pump Station is on San Francisquito Creek within the Stanford Golf Course. Water diverted from San Francisquito Creek at the pump station is used to meet direct non-potable system demands or is pumped to Felt Reservoir for storage and later use. The facility is operated in compliance with minimum bypass flow requirements to facilitate fish passage.
PROJECT DESCRIPTION
The proposed Project involves reestablishing sediment transport processes and fish passage conditions past Searsville Dam, restoring stream and riparian habitats above the dam, removing a substantial amount of sediment trapped behind the dam, relocating the Searsville Reservoir water diversion downstream to the Pump Station, expanding the Pump Station’s capacity, and relocating historic non-potable water supply and storage from Searsville Reservoir to an expanded Felt Reservoir and new Felt Dam, to enhance water supply reliability during drought and other emergency conditions and improve public safety. Major components of the proposed Project are summarized below and shown on Figure 2.
1 An acre-foot is a unit of volume equal to the volume of a sheet of water 1 acre (0.405 hectare) in area and 1 foot (30.48 centimeters) in depth. One acre-foot of water equals 325,851 gallons. 2 Water diverted at the San Francisquito Creek Pump Station either directly serves system demands or is pumped to Felt Reservoir for storage and later use.
3 As required by the California Water Code, Division 3, Part 1, Chapter 4, Article 2, section 6103.
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• Modifications to Searsville Dam. Stanford would construct a tunnel through Searsville Dam to flush trapped sediment, restore natural sediment transport, reestablish fish passage conditions past the dam, and otherwise improve ecosystem function. A gate would be installed to control flows through the tunnel during the flushing process. The gate would remain in the closed position until the appropriate hydrologic conditions occur, at which point the gate would be opened to allow sediment trapped behind the dam to flush downstream.4 Stanford would operate the gate adaptively for up to eight years to flush sediment out of the reservoir, after which it would be fixed in a partially open position to passively attenuate peak flood flows by detaining floodwater in the sediment-evacuated valley area upstream of the dam. The volume of sediment that would be flushed is uncertain because of the design’s reliance on natural watershed flows. The target sediment volume to be flushed to attenuate major storm events ranges from a minimum of 900,000 cy up to 1.5 million cy.5 The minimum volume is the value that is calculated to be needed to provide sufficient capacity to detain floodwaters behind the modified Searsville Dam during peak storm events to prevent an increase in downstream flooding. If monitoring during the initial years of flushing shows that the minimum target sediment volume might not be achieved during the eight-year period, Stanford would take additional steps to enhance flushing (e.g., staging excess sediment near the dam; excavating, testing and dewatering sediment from above the dam and trucking it off site for reuse or disposal).
• Restoration Design in Tributary Delta Area. The proposed Project would re-establish a confluence valley, with creeks, riparian areas, and floodplain terraces supporting a variety of habitats between Searsville Dam and the upstream limits of Stanford property. The Corte Madera and Sausal/Alambique Creek channels would be expected to return to a profile similar to that found before construction of Searsville Dam. The restoration effort would be initiated with clearing and grubbing and the excavation of pilot channels to concentrate flows, followed by flushing of accumulated sediments and post-flush grading to bring the upstream reaches to their final configuration. Restoration design goals include providing channels that meet fish passage design criteria, avoiding impacts to areas upstream of Stanford property, managing sediment concentrations for aquatic life health, and avoiding archaeological resources.
• Downstream Channel Modifications. Stanford would construct sediment traps, habitat improvements and bank stabilization features at between 30 and 40 locations on Corte Madera and San Francisquito creeks between Searsville Dam and I-280 to reduce deposition of sediment farther downstream, improve natural habitat conditions, and stabilize banks. The sediment traps would store coarse sediment mobilized during flushing while facilitating fish passage conditions after flushing.
• Fish Passage Conditions. The design incorporates features to meet regulatory criteria for reestablishing fish passage conditions upstream and downstream of the dam as well as through the tunnel. After sediment flushing, channel improvements would be constructed 4 The gate would not be opened until the San Francisquito Creek Joint Powers Authority completes the San Francisquito Creek Flood Protection, Ecosystem Restoration, and Recreation Project Upstream of Highway 101 project, which is intended to increase the creek’s capacity between West Bayshore Road and the Pope-Chaucer Bridge location to allow the creek to contain (and thus protect nearby communities from) flows up to the 1998 flood event level. Technical analyses that will be presented in the EIS/EIR for the Searsville Watershed Restoration Project will account for this future project as an existing condition. 5 The 1.5 million cubic yards of sediment is based on the highest estimates of volume of sediment likely to be evacuated during a series of very wet years. The flushing would be limited to 1.5 million cy by stabilizing sediment in place as needed to ensure the Project would not contribute to downstream flooding.
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downstream of the dam plunge pool to dissipate erosive energy from high flows and to facilitate fish passage conditions through the tunnel.
• Adaptive Management.6 Adaptive management procedures would be used to modify the restoration design as needed based on actual conditions that occur in the field. Examples include enhanced flushing (e.g., moving sediment in the Tributary Deltas area to promote flushing), gate operations (e.g., to saturate sediments or otherwise adjust the gate position during flushing), and invasive species management.
• San Francisquito Creek Pump Station Upgrade. The proposed Project includes modifications to the Pump Station to compensate for the loss of water diversion at Searsville Reservoir. The Pump Station would be modified to enable the existing surface water diversions at Searsville Reservoir to be relocated to the Pump Station and to remedy existing sediment-related operating deficiencies.
• Replacement of Felt Dam and Expansion of Felt Reservoir. Felt Dam would be replaced by a new dam to enable expansion of Felt Reservoir and to improve the seismic stability of the dam. The expanded Felt Reservoir would replace historic non-potable water supplies and storage capacity lost at Searsville Reservoir and enhance water supply reliability during droughts and other emergencies.
ALTERNATIVES
A reasonable range of alternatives, including the No-Project Alternative, will be evaluated in the EIS/EIR in accordance with CEQA and the State CEQA Guidelines. Because the document will be prepared jointly with USACE, the environmental impacts of the alternatives will be evaluated at an equal level-of-detail with the proposed Project. DWR, with the USACE, will make its final choice of potentially feasible alternatives to include in the Draft EIS/EIR after receipt of scoping comments.
POTENTIAL ENVIRONMENTAL EFFECTS
The environmental analysis will focus on examining the potential environmental impacts associated with the proposed Project and identifying feasible measures and alternatives that can be implemented to avoid, minimize, rectify, reduce, or compensate for such impacts. The EIS/EIR will also discuss growth-inducing impacts, as well as cumulative effects of the proposed Project when considered in conjunction with other related past, present, and reasonably foreseeable future projects. The EIS/EIR will also address climate change and resiliency.
On the basis of preliminary evaluations, the EIS/EIR will consider the extent to which the proposed Project could have the following direct, indirect, and/or cumulative environmental effects:
6 “Adaptive management is a process that promotes flexible decision making which can be adjusted in the face of uncertainties as outcomes from management actions and other events become better understood. Monitoring of these outcomes help adjust policies or operations as part of an iterative learning process.” (McMillen Jacobs Associates, 2021. Searsville Watershed Restoration Project, Design Documentation Report, Construction Documents Phase – 60%, Draft, May 2021.)
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• Surface Water: Substantially alter drainage patterns in a manner that would result in substantial erosion or siltation, substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or offsite, or impede or redirect flood flows. • Groundwater: Substantially decrease groundwater supplies or interfere with groundwater recharge such that the proposed Project may impede sustainable groundwater management of the basin or conflict with a sustainable groundwater management plan. • Water Quality: Violate water quality standards or waste discharge requirements, otherwise substantially degrade surface water quality, or conflict with a water quality control plan. • Biological Resources: Adversely affect special-status plant or wildlife species, riparian or other sensitive natural community, or protected wetlands; interfere with the movement of any native resident or migratory fish or wildlife species; or conflict with local policies or ordinances protecting biological resources.
• Cultural and Tribal Cultural Resources: Cause a substantial adverse change in the significance of a historical or archaeological resource, disturb human remains, or cause a substantial adverse change in the significance of a tribal cultural resource. • Aesthetics and Visual Resources: Degrade the existing visual character or quality of public views of the site and its surroundings, conflict with applicable zoning and other regulations governing scenic quality, or substantially damage scenic resources. • Land Use, Agricultural, and Forestry Resources: Conflict with land use plans, policies or regulations; convert farmland to non-agricultural use; or result in the loss of forest land. • Air Quality: Increase criteria air pollutants, conflict with or obstruct implementation of an air quality plan, or expose people to substantial pollutant concentrations. • Greenhouse Gas Emissions: Generate greenhouse gas emissions that may have a significant effect on the environment or conflict with applicable plans, policies, or regulations. • Energy: Result in wasteful, inefficient, or unnecessary consumption of energy resources or conflict with or obstruct a state or local plan for renewable energy or energy efficiency. • Geology, Soils, and Paleontology: Cause potential substantial adverse effects involving fault rupture, seismic groundshaking, seismic-related ground failure, landslides, substantial soil erosion or the loss of topsoil; be located on expansive soil, a geologic unit, or soil that is unstable or would become unstable as a result of the proposed Project; or destroy a unique paleontological resource or unique geologic feature.
• Hazards, Hazardous Materials, and Wildfire: Create a significant hazard through routine transport, use, or disposal of, or reasonably foreseeable upset or accident conditions; emit hazardous emissions or handle hazardous materials within one-quarter mile of a school; impair implementation of an adopted emergency response plan or evacuation plan; expose people or structures to a significant risk involving wildland fires; require the installation or maintenance of infrastructure that may exacerbate fire risk; or expose people or structures to significant risks resulting from post-fire runoff, slope instability, or drainage changes. • Noise and Vibration: Generate a substantial increase in ambient noise levels in the vicinity of the proposed Project in excess of standards established in local general plans or noise ordinances, or applicable standards of other agencies or result in generation of excessive groundborne vibration or noise levels in the Project site vicinity.
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• Population and Housing: Displace substantial numbers of people or housing, necessitating the construction of replacement housing elsewhere.
• Utilities, Service Systems, and Public Services: Require construction of new or expansion of existing utilities that could cause significant environmental effects; generate solid waste in excess of state or local standards or in excess of the capacity of local infrastructure; or result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities.
• Recreation: Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. • Transportation: Conflict with a program, plan, ordinance, or policy addressing the circulation system including transit, roadway, bicycle, and pedestrian facilities; conflict with CEQA Guidelines section 15064.3 subdivision (b); substantially increase hazards due to a geometric design feature or incompatible uses; or result in inadequate emergency access. • Climate Change: Affect resiliency to respond to climate change.
SCOPING MEETINGS
Two public scoping meetings are scheduled to take place on Tuesday, February 28. • Zoom information for the 3:00 to 4:30 p.m. meeting:
Meeting link: https://kearnswest.zoom.us/j/82343204260
Dial-in Number: 1-309-205-3325
Meeting ID: 823 4320 4260
• Zoom information for the 6:00 to 7:30 p.m. meeting:
Meeting link: https://kearnswest.zoom.us/j/89875146206
Dial-in Number: 1-309-205-3325
Meeting ID: 898 7514 6206
The objective of the meetings is to brief interested parties about the proposed Project and obtain the views of agency representatives, interested parties, Native American Tribes, and the public on the scope and content of the EIR/EIS, including the alternatives to be addressed and potentially significant environmental impacts. The public scoping meeting will be held jointly with USACE.
COMMENTS
This notice is being circulated to obtain suggestions and information from other agencies, the public, and other interested parties on the content and scope of issues and alternatives to consider in developing the EIS/EIR. The primary purpose of the scoping process is to identify important issues raised by the public and responsible and trustee public agencies related to the proposed Project’s potential impacts, issuance of regulatory permits and authorizations and natural resource protection. Written comments from interested parties are invited to ensure that the full range of environmental issues related to implementation of the proposed Project are identified.
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The Draft EIS/EIR is currently anticipated to be available for public review and comment in Fall of 2023 and will be posted on the DWR web page for the proposed Project after publication.
COMMENT PERIOD: As stated above, the NOP review period is from February 14, 2023 to March 17, 2023. Written comments on the scope of the EIS/EIR must be received by DWR no later than 5 p.m. on March 17, 2023. Written comments must be sent:
• By mail to:
California Department of Water Resources, c/o Ted Frink P.O. Box 942836
Sacramento, CA 94236-0001
with the letter subject heading “RE: Searsville Watershed Restoration Project public comment”, or
• Via email to: [email protected] with the subject heading “RE: Searsville Watershed Restoration Project public comment”
As required by the CEQA Guidelines, within 30 days after receiving the NOP, each responsible and trustee agency is required to provide the lead agency with specific detail about the scope, significant environmental issues, reasonable alternatives, and mitigation measures related to the responsible or trustee agency's area of statutory responsibility that will need to be explored in the EIS/EIR. In responding to the NOP, responsible and trustee agencies should indicate their respective level of responsibility for the proposed Project. Responsible and trustee agencies will need to use the EIS/EIR prepared by DWR when considering issuance of permits or other approvals for the proposed Project.
PLEASE NOTE: DWR's practice is to make the entirety of comments received a part of the public record. Therefore names, home addresses, home phone numbers, and email addresses of commenters, if included in the response, will be made part of the record available for public review.
Individual commenters may request that DWR withhold their name and/or home addresses, etc., but if you wish DWR to consider withholding this information you must state this prominently at the beginning of your comments. In the absence of this written request, this information will be made part of the record for public review. DWR will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives of, or officials of, organizations or businesses, available for public inspection in their entirety.
If you submit written comments on the document, you will automatically be added to the distribution list for future notices and information about the environmental review process for the proposed Project. If you do not wish to submit comments on the scope and content of the EIR but would like to be added to the mailing list, you can submit your contact information, including email address, with a request to be added to the mailing list at the contact above.
Interested parties may also provide oral comments on the proposed content and scope of the EIS/EIR at the public scoping meetings listed above. Additional information regarding the proposed Project can be found on the DWR web page at https://water.ca.gov/searsville.
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Packet Pg. 109 Attachment: Searsville NOP (2611 : Comments to NOP for Searsville) 2020\D202000415.00 - Searsville Watershed Restoration Project/05 Graphics-GIS-Modeling/Illustrator San Fr isco San
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Attachment: Searsville NOP (2611 : Comments to NOP for Searsville) ___________________________________________________________________ City of East Palo Alto Telephone Number: (650) 853-3116 EPA Government Center Confidential Fax Number: (650) 853-3111 2415 University Avenue
East Palo Alto, CA 94303-1164
OFFICE OF THE CITY MANAGER
Sent by email to [email protected]
Sent by email to [email protected]
April 4, 2023
California Department of Water Resources
c/o Mr. Ted Frink
P.O. Box 942836
Sacramento, CA 94236-0001
U.S. Army Corps of Engineers
San Francisco District, Regulatory Division
c/o Mr. Gregory G. Brown
450 Golden Gate Avenue, 4th Floor
San Francisco, CA 94102-3404
Subject: City of East Palo Alto’s Comments to the Notice of Preparation of Environmental Impact Report for the Searsville Watershed Restoration Project (proposed Project) dated February 14, 2023 (NOP) Dear Mr. Frink and Mr. Brown;
The City of East Palo Alto (City) appreciates the opportunity to provide comments on Stanford University’s Searsville Dam Project Notice of Preparation (NOP)/Notice of Intent (NOI) as part of their combined CEQA/NEPA process.
The City is concerned about the potential adverse impacts of the proposed Project on the City of East Palo Alto. The City’s primary concerns are: (1) the potential increase in flooding in the City, as well as (2) sediment transport in the San Francisquito Creek (Creek) and how Stanford will remove sediments that are transported to the City.
The City requests that the Project team address the following comments as part of the conceptual design and Environmental Impact Report:
1. The City currently experiences flooding. The NOP does not address how the proposed gate will be operated to reduce the likelihood of flooding downstream of the Searsville Dam. It appears that the most optimal time to conduct flushing is during significant rain events which may be at the same time that the City is experiencing flooding or about to flood. Flushing could cause or exacerbate flooding
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Packet Pg. 112 Attachment: DRAFT EPA Searsville NOP Comments Letter (2611 : Comments to NOP for Searsville) ___________________________________________________________________ in the City. The City requests that the flushing and/or gate operations not adversely impact the City.
2. Sediment modeling is inherently imprecise- we agree with Stanford that adaptive management is needed, with key triggers established for sediment volumes, water surface elevations, and water quality. Decision-making should be a joint effort with key stakeholders, including SFCJPA, Santa Clara Valley Water District, Caltrans and resource agencies.
3. We are concerned that our Reach 2 Project improvements could be negated by sediment deposition from Stanford’s Searsville Project with a single significant storm event. Therefore, upstream/offline detention features should be included in all alternatives. There are at least three reasons for this: 1) there is a large margin for error in sediment modeling (plus/minus 50%), 2) the modeled increases in water surface elevation due to sediment- up to 10 feet in the upper watershed- based on our meetings with Stanford’s modelers at Balance Hydrologics, and 3) the uncertainty of future climate change effects. These potential impacts should be considered individually, and cumulatively.
4. Mitigation measures must be proposed to ameliorate increased risks from the large amounts of sediment that will be deposited downstream, resulting in decreased channel capacity in varying locations over time. The downstream communities have been told that the Searsville Project will reduce flows downstream of the reservoir site, but not that it will reduce flood risk. If the reduced flow is only meant to mitigate for reduced channel capacity downstream, it will effectively transfer risk and cannot be supported by the downstream communities.
5. The Reach 2 Project widens the creek to accommodate an approximate 70-year storm event, with no margin for increases to the water surface elevation. The Stanford Searsville Project must compare impacts based on projected increases to water surface elevations as the baseline, and not on areas of modeled channel breakout.
6. The SFCJPA’s project plans do not include opening the fourth culvert underneath the West Bayshore/Highway 101 creek crossing. However, Stanford may need this for sediment movement. Based on preliminary modeling, it is known that this area accumulates a lot of sediment. Understanding the creek dynamics in this locationwith and without the fourth culvert- will be imperative for Stanford.
7. Stanford’s projected sediment removals do not resolve the increased risk of flooding due to loss of channel capacity. Moreover, sediment removal as presently proposed will be very difficult to implement. Stanford has suggested that annual sediment
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Packet Pg. 113 Attachment: DRAFT EPA Searsville NOP Comments Letter (2611 : Comments to NOP for Searsville) ___________________________________________________________________ removals will be required. Most of the sediment deposition is predicted to occur in an area of sensitive habitat near the tidally influenced area around U.S. Highway 101.
We suggest that Stanford consider removing a large portion of the accumulated sediment at the source. Regular sediment removals downstream are disruptive to the sensitive creek and tidal environment. Additionally, the traffic, noise, air quality and public safety risks from sediment removal trucking would be transferred from the upper watershed to the disadvantaged community of East Palo Alto.
8. As presented in the proposed preferred project, sediment movement downstream is envisioned to occur in two stages- initial flushing of accumulated sediment behind Searsville Dam through winter storm flows and thereafter be an annual ‘normal’ sediment load, as historically occurred without the Searsville dam. This initial flushing is estimated to require 7-to-8-years and would depend on rainfall of adequate intensity and duration. We are concerned that the resulting turbidity will be deleterious to fish and again suggest that the bulk of the accumulated sediment be removed at the reservoir.
9. Water quality should be monitored using continuous water quality monitors. With increased sediment, Total Dissolved Solids will increase, with potential for significant water quality degradation, particularly for aquatic species.
10.Given the increasing variability of rainfall in California’s coastal range due to climate change, the estimated 7-to-8-year window for storm flow flushing is entirely unpredictable and is not a schedule Stanford can guarantee. Stanford’s proposal to evaluate sediment flushing success at the end of that 7-to-8-year period and potentially remove sediment from the reservoir area if needed indicates that mechanical removal from the reservoir area is already a possible solution. Stanford should consider this approach to sediment management as a primary component of the project.
11.Sediment management will require close coordination and planning with multiple agencies – CalTrans, Valley Water, the cities of Menlo Park, Palo Alto and East Palo Alto, as examples. Unless this coordination is established in a clear, contractual, and fully funded manner, there is no reason to expect long-term sediment management will be sustained and successful. All relevant entities need to be identified, authorized, funded, and have (or provide) regulatory approval as part of the Searsville project. These actions are Stanford’s responsibility as part of the longterm management of the Searsville project’s impacts on the downstream reaches of the San Francisquito Creek.
12.Stanford has indicated their plans include in-channel habitat improvements and large sediment traps in the area immediately downstream from the Searsville Dam. We
3.8.b
Packet Pg. 114 Attachment: DRAFT EPA Searsville NOP Comments Letter (2611 : Comments to NOP for Searsville) ___________________________________________________________________ encourage Stanford to model the transport of cobbles and pebbles downstream from these constructed features, to ensure that downstream channel areas are not starved of these types of sediment, which could result in lower-quality habitat and channel configuration changes downstream.
13.Because all models, and future climate variability are inherently uncertain, Stanford should conduct pre-project, during project and post-project surveys, reviews, and assessments of project and watershed conditions to better integrate adaptive management into their project implementation and long-term watershed management plans. The SFCJPA is willing to partner in these reviews and assessments.
14.We encourage re-evaluating Stanford’s General Use Permit’s conservation easement on Lake Lagunita and consider constructing or allowing others to construct a new offline detention facility at the Lake Lagunita site through the excavation of the existing lake and expansion of the existing dam or construction of a new one. This site, if properly modified, could provide more storage than other identified sites for potential offline detention. The existing easement is for California Tiger Salamander (CTS) and specifies: “The first location for habitat protection easements shall consist of preserved, created or restored upland habitat within 500 meters of breeding habitat, including either Lake Lagunita or created ponds in which successful CTS reproduction has been documented for at least three consecutive years with near- or above-normal rainfall, excluding any intervening years with substantially below normal rainfall. When all areas that meet this description have been placed in easement protection, easements may be granted on other open space lands that provide migration and dispersal corridors for CTS to the breeding habitat.” Breeding locations in the Reservoir and Delta Reaches may offset any loss from Lake Lagunita (Figure 1). Stanford Water Rights S004661 authorizes the Figure 1. Distribution of Tiger Salamander at Stanford (Source:
https://conservation.stanford.edu/science-management/threatenedspecies/california-tiger-salamander
3.8.b
Packet Pg. 115 Attachment: DRAFT EPA Searsville NOP Comments Letter (2611 : Comments to NOP for Searsville) ___________________________________________________________________ diversion of water from San Francisquito Creek to Lagunita for recreational and habitat purposes.
15.Groundwater and surface water are directly hydraulically connected. Stanford uses both groundwater and surface water of San Francisquito Creek. San Mateo County concluded in their 2018 Groundwater Assessment that: An analysis of surface watergroundwater interactions in the Basin suggests that increased use of groundwater in the Basin could potentially affect baseflow in certain, hydraulically-coupled sections of San Francisquito and San Mateo Creeks, with potential implications for certain listed aquatic species such as steelhead trout. Although groundwater levels are currently being monitored by Valley Water and San Mateo County, additional evaluation of the joint data collected, as well as expanded surface water baseflow monitoring is indicated to ensure that adequate flows are retained for fish and groundwater sustainability purposes.
16.Considering climate change effects, modeling by Stanford University faculty (unpublished work by Dr. Suckale, et al) estimates that the frequency of 500-year storm events will occur three times more frequently than today with newest estimate of effects beginning by 2030 (per the 2023 IPCC report). With the additional sediment loads that will occur with Stanford’s proposed project at Searsville, creek channel capacity may be diminished. We encourage Stanford to take the long view of potential project effects for downstream member communities and all inhabitants in the watershed.
Thank you in advance for your consideration.
Sincerely,
Melvin E. Gaines
City Manager
City of East Palo Alto
3.8.b
Packet Pg. 116 Attachment: DRAFT EPA Searsville NOP Comments Letter (2611 : Comments to NOP for Searsville)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
Humza Javed, Public Works Director
SUBJECT: University Avenue/101 Pedestrian Overcrossing Project Contracts: Construction Contract with MCM Construction, Inc.; Construct Management Services Contract with Ghirardelli & Associates; and Amendment to a Professional Engineering Services Contract with AECOM, Inc.
Recommendation
Recommendation
Adopt a resolution authorizing the City Manager to:
1. Award and execute a construction contract to and with MCM Construction, Inc. in the amount of $11,966,203.00 in a form approved by the City Attorney that:
a. Establishes a 10% construction contract contingency with authority to execute future change orders in an amount not-to-exceed the appropriated construction contingency of $1,196,620.30; and
b. Establishes a construction budget in an amount not to exceed $13,162,823.30.
2. Execute a professional services agreement for Construction Management, Inspection, and Material Testing Services, in a form approved by the City Attorney, with Ghirardelli & Associates in an amount not-to exceed $1,685,735.30 for construction management and material testing services that provides for a 10% contingency and authorizes the execution of future change orders in the amount of $168,573.53, for a total construction management of $1,854,308.83; and
3. Execute Contract Amendment No. 3 to the Agreement with AECOM Technical Services, Inc., in a form approved by the City Attorney, in an amount of $485,000 for design support services during construction and extends the contract term until project completion, for a total amended contract not-to-exceed amount of $1,809.949.00; and
4. Appropriate $15,502.132.10, including $836,632.10 in the City Matching funds; and
5. Approve a transfer from General Fund to Capital Improvement Fund in the amount of $836,632.10 for the City Matching Funds; and
6. Negotiate and execute a funding agreement, in a form approved by the City Attorney,
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with the San Mateo County Transportation Authority for the awarded Measure “A” funds and Measure “W” funds in the amounts of $4,892,500 and $5,700,000, respectively.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
· Implement the comprehensive transportation and mobility plan · Promote public health and safety
Background
The US 101 / University Avenue Interchange Improvements Project (Project) will construct a bicycle/pedestrian overcrossing over US 101 and a bicycle/pedestrian path to connect Woodland Avenue to Donohoe Street will be constructed to provide a safe crossing over US 101 for cyclists and pedestrians. Improvements to University Avenue and the northbound and southbound off ramps from US 101 to University Avenue will be constructed.
The University Avenue/101 Pedestrian Overcrossing Project (project) proposes to improve the connectivity for pedestrians and bicyclists as well as relieving traffic congestion for the motorists at the interchange. On September 2, 2014, the City Council adopted Resolution No. 4544 approving a contract with URS (now known as AECOM) in the amount of $924,979 to perform design services related to the project. The project was environmentally cleared in November 2017.
The project would construct a 12-foot-wide Class I pedestrian and bicycle facility that includes a new pedestrian/bicycle overcrossing (POC) along the north side of the US 101/University Avenue overcrossing. The overcrossing would be a 4-span structure approximately 560 feet long. On the east side of the freeway, a Class I facility would be constructed from the south side of the northbound US 101/University Avenue loop off-ramp to the new structure. The facility would be constructed over a new embankment with side slopes of 4 to 1 or flatter. On the west side of the interchange, a 12-foot-wide Class I facility would be constructed from the structure to the northeast corner of the intersection of University Avenue and Woodland Avenue. The existing sidewalk would be converted to a landscaped buffer between the Class I facility and University Avenue. To minimize right-of-way impacts, the project proposes to narrow the southbound University Avenue left and right turn lanes at Woodland Avenue from 12 feet to 11 feet wide and reduce the minimum median width from 6 feet to 4 feet.
The northbound US 101 to southbound University Avenue loop off-ramp would be realigned to square up with University Avenue with a tighter radius-curve for pedestrian and bicyclist safety enhancement. Additionally, the project includes improvements to the southbound 101 off-ramp to improve traffic flow and reduce traffic conflicts.
The City Council, at its March 1, 2022 meeting, adopted Resolution No. 21-2022 approving the plans, specifications, and estimates (PS&E) for the project and authorized the City Manager to advertise the project to solicit bids for construction.
Analysis
Prior to start of construction of the project, the City must: 1) Award the construction contract; 2) Execute a professional services agreement for construction management, inspection, and
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testing services; and 3) Execute an amendment to a professional engineering services agreement to provide design support during construction.
The Project was advertised to solicit bids for construction on January 14, 2023. On March 9, 2023, bids were submitted, opened and read aloud by the City Clerk. Four contractors submitted bids and the bid results are as follows:
No. Contractor Bid
1 MCM Construction, Inc. $11,966,203.00
2 Gordon N. Ball, Inc. $12,867,310.00
3 Viking Construction Company $13,991,100.00
4 Beador Construction Company, Inc. $14,625,300.00
The bid tabulation for each bid is included as Attachment No. 2 to this report. The Engineer’s Estimate for the project is $11,100,000.00 million.
MCM Construction, Inc. submitted the lowest bid in the amount of $11,966,203.00. (after $3,000 math error correction on bid schedule). City staff performed a bid analysis, verified qualifications, the Disadvantaged Business Enterprise (DBE) requirements of Caltrans oversight projects and checked references for the lowest bidder.
Contingent upon completing all insurance and bonding requirements of the Contract Specifications, staff recommends that the City Council authorize the City Manager to (1) award and execute a construction contract with MCM Construction, Inc., the lowest responsible bidder, in the amount of $11,966,203.00; (2) establish a construction contract contingency in the amount of $1,196,620.00 (10% of the base construction contract amount); and (3) execute contract change orders up to the construction contract contingency amount.
It is anticipated that construction, excluding the plant establishment period, will be completed in July 2024.
Construction Management, Inspection, and Materials Testing Services Contract The construction of this Project requires dedicated professional staff to oversee the construction, administer the construction contract, and perform inspections and materials testing. The construction duration is anticipated to be 13 months of full-time oversight, preconstruction preparation, and post-construction project closeout.
On April 19, 2022, the City Council adopted Resolution No.44-2022 which authorized the City Manager to release a request for proposal for On-Call Construction Management, Inspection, and Materials Testing Services.
On May 11, 2022, the City received proposals from Ghirardelli Associates; Zoon Engineering, and CPM Associates.
An evaluation panel comprised of two City employees and one Caltrans employee reviewed the proposals and determined that Ghirardelli Associates was the most qualified firm to
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perform the work described in the request for proposals. Ghirardelli received the highest score of all three panelists.
The average ranking of each firm was as follows:
No. Company Name Average Score
1 Ghirardelli Associates 92
2 Zoon Engineering 86
3 CPM Associates 76
Staff reviewed and negotiated the scope of work and associated costs in the proposal submitted for the US 101 / University Avenue Interchange Improvements Project and determined the scope of work and associated costs were reasonable. The cost of this contract is $1,685,735.30 with a 10% contract contingency for a not-to exceed contract amount of $1,854,308.83. The cost proposal is included as Attachment 3 to this report.
Design Support Services during Construction - Contract Amendment On September 2, 2014, the City Council adopted Resolution No. 4544, which authorized a contract with URS (now known as AECOM Technical Services, Inc. Or AECOM) in the amount of $924,979 to perform design services related to the US 101 / University Avenue Interchange Improvements Project which includes a pedestrian overcrossing over US 101.
On July 16, 2019, the City Council adopted Resolution No. 5153, which authorized the City Manager to execute Amendment No. 1 adding $72,970 to the contract, increasing it to a not-toexceed contract amount of $1,067,949.
On July 20, 2021, the City Council adopted Resolution No. 101-2021 which authorized the City Manager to execute a Second Amendment to the AECOM Technical Services, Inc. contract, in a form approved by the City Attorney, in an amount of $257,000 for a contract not-to-exceed total amount of $1,324,949 for design services for the University Avenue-Highway 101 Interchange Improvements Project.
The work required from AECOM for design preparation has been completed. The proposed Amendment No. 3 to their current contract is primarily for design support services during the construction phase. The original contract and Amendments 1 and 2 were only pertaining to the Design phase. Now that the project has moved into the construction phase, additional construction support services by the Design Team are necessary. This includes, communication, coordination, answering of RFI (Request for Information), and addressing any design changes in the field if necessary. It also includes an allowance for the sub-consultants in the design team for the following work: landscaping, electrical, traffic, and geotechnical services.
The cost of this contract is $485,000. The cost proposal is included as Attachment 4 to this
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report.
Fiscal Impact
The estimated cost estimate of the construction phase of the Project is as follows:
Cost Estimate for Construction Phase Amount
Construction Contract 11,966,203.00
10% Construction Contingency 1,196,620.30
Design Services During Construction 485,000.00
Construction Management 1,854,308.83
Estimated Cost of Construction Phase 15,502,132.10
The funding sources for the construction phase of the Project are as follows:
Funding Sources Amount
San Mateo County Transportation Authority (TA) Measure A (F202) 4,892,500 TA Measure W (F234) 5,700,000
LLP Discretionary (F303) 2,302,000
Federal Earmark (F303) 771,000
Stanford Recreation Mitigation Grant (F303) 1,000,000
City Match (F303 - by way of General Fund) 836,632.10
Total 15,502,132.10
Staff recommends appropriating a total of $15,502,132.10 from the respective funds in the table above including $836,632.10 of City matching funds and authorizing a transfer from General Fund to CIP Fund in the amount of $836,632.10.
Staff recommends authorizing the City Manager to execute a funding agreement with the San Mateo Transportation Authority for the awarded Measure “A” funds and Measure “W” funds in the amounts of $4,892,500 and $5,700,000, respectively. The funding agreement is included as Attachment 5 to this report.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin outside City Hall and making the agenda and report available at the City’s website and at the San Mateo County Library at 2415 University Ave., East Palo Alto, CA 94303.
Environmental
NEPA
The California Department of Transportation (Caltrans), the lead agency under the National Environmental Protection Act (NEPA), filed a NEPA Determination finding the project exempt from NEPA [Categorical Exclusion under 23 CFR 771.117(c): activity 27.] CEQA
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The proposed action-awarding contracts for the construction and oversight of a public works project-is not a “project” under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines sections 15378(b)(4) and (5), in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.
Further, the underlying project obtained environmental clearance back in 2016. In accordance with California Environmental Quality Act (CEQA), on March 14, 2016, the Planning Commission approved Resolution No. PC 2016-04, adopting a mitigated negative declaration, mitigation monitoring program (18 mitigations), and an architectural supervision entitlement, for the underlying project.
Attachments
1. Resolution
2. Construction Bid Tabulation
3. Ghirardelli Construction Management Cost Proposal
4. AECOM Design Support During Construction Cost Proposal
5. Funding Agreement for the US 101 University Ave Project
3.9 Packet Pg. 122
Resolution No. XX-2023 1 of 3
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE A CONSTRUCTION CONTRACT WITH MCM CONSTRUCTION, INC. IN THE AMOUNT OF $11,966,203.00, ESTABLISH A 10% CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $1,196,620.30 AND EXECUTE FUTURE CHANGE ORDERS; (2) ESTABLISH A CONSTRUCTION BUDGET IN AN AMOUNT NOT TO EXCEED $13,162,823.30; (3) EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR
CONSTRUCTION MANAGEMENT AND MATERIAL TESTING WTH GHIRARDELLI ASSOCIATES IN THE AMOUNT OF $1,685,735.30, ESTABLISH A 10% CONTRACT CONTINGENCY IN THE AMOUNT OF $168,554,308.83, AND EXECUTE FUTURE CHANGE ORDERS FOR A NOT TO EXCEED AMOUNT OF $1,854,308.83; (4) EXECUTE CONTRACT AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC., FOR DESIGN SUPPORT DURING CONSTRUCTION IN THE AMOUNT OF $485,000.00 AND EXTEND
THE CONTRACT DURATION TO PROJECT COMPLETION, FOR A NOT TO EXCEED TOTAL CONTRACT AMOUNT OF $1,809,949.00 AND EXTEND THE CONTRACT; (5) APPROPRIATE $15,502.132.10, INCLUDING $836,632.10 IN CITY MATCHING FUNDS; AND (6) APPROVE A
TRANSFER FROM THE GENERAL FUND TO THE CAPITAL IMPROVEMENT FUND IN THE AMOUNT OF $836,632.10 FOR THE CITY MATCHING FUNDS; AND (7) EXECUTE A FUNDING
AGREEMENT WITH THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR THE UNIVERSITY AVENUE/101 PEDESTRIAN OVERCROSSING PROJECT
WHEREAS, the University Avenue/101 Pedestrian Overcrossing Project (Project) will improve the University Avenue at 101 interchange and provide a new pedestrian overcrossing; and WHEREAS, on September 2, 2014, the City Council adopted Resolution No. 4544, which authorized the City Manager to execute a design contract with URS Corporation (now known as AECOM), in an amount of $924,979, plus a contingency in the amount of $70,000, for a total not to exceed contract amount of $994,979; and
WHEREAS, on July 16, 2019, the City Council adopted Resolution No. 5153, which authorized the City Manager to execute the First Amendment with AECOM Technical Services, Inc., in the amount of $72,970, for a total not to exceed contract amount of to a not-to-exceed contract amount of $1,067,949; and
WHEREAS, on July 20, 2021, the City Council adopted Resolution No. 101-2021, which authorized the City Manager to execute the Second Amendment to the contract with AECOM Technical Services, in the amount of $257,000, to address Caltrans’ comments and perform additional work required to complete the Project design; and
WHEREAS, on March 1, 2022, the City Council adopted Resolution No.21-2022, approving the plans, specifications, and estimates (PS&E) of the Project and authorizing the City Manager to advertise the Project to solicit bids for construction of the Project; and WHEREAS, on January 13, 2023; the Project was advertised to solicit bids for construction; and
3.9.a
Packet Pg. 123 Attachment: Resolution (2624 : US 101 Pedestrian Overcrossing) Resolution No. XX-2023 2 of 3
WHEREAS, on March 9, 2023; the City received four sealed bids which were opened and read aloud by the City Clerk; and
WHEREAS, MCM Construction, Inc. submitted the lowest responsive and responsible bid in the amount of $11,969,320 and the City staff performed a bid analysis, verified qualifications; and bid requirements of Caltrans Local Assistance Manual; and
WHEREAS, the Project requires dedicated professional staff to administer the construction contract, perform inspections and materials testing, and prepare project documentation; and WHEREAS, city staff released an RFP and on May 11, 2022, the City received three proposals for construction management, inspection, and materials testing services from Ghirardelli Associates, Zoon Engineering, and CPM Associates; and
WHEREAS, an evaluation panel comprised of two persons from the City and one person from Caltrans reviewed the proposals and determined Ghirardelli Associates was the most qualified consulting firm to perform the work; and
WHEREAS, staff reviewed and negotiated the scope of work and associated cost of $1,685,735.50 for construction management, inspection, and materials testing for the Project; and WHEREAS, in order to assist with design related issues during the construction phase of the project, design support services are needed by AECOM Technical Services Inc. (AECOM), the designer of the project; and
WHEREAS, design support during construction is not currently included in the design contract with AECOM; and
WHEREAS, staff reviewed and negotiated the scope of work and associated cost of $485,000.00 for design support during construction; and WHEREAS, the project has a total of $14,665,700 in funds allocated towards the project including Measure A, Measure W, LPP, federal earmark and Stanford recreation mitigation grant funds; and
WHEREAS, the City is responsible to fill in the construction funding gap of $836,632.10 with capital funds; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY finds the foregoing recitals are true and correct and are incorporated by reference into this action and authorizes the City Manager to:
1. Award and execute a construction contract to and with MCM Construction, Inc. in the amount of $11,966,203.00 in a form approved by the City Attorney that:
a. Establishes a 10% construction contract contingency and execute future change orders in an amount not to exceed the appropriated contingency of $1,196,620.30; and b. Establishes a construction budget in an amount not to exceed $13,162,823.30;
3.9.a
Packet Pg. 124 Attachment: Resolution (2624 : US 101 Pedestrian Overcrossing) Resolution No. XX-2023 3 of 3
2. Execute a professional services agreement for Construction Management, Inspection, and Material Testing Services, in a form approved by the City Attorney, with Ghirardelli Associates, in an amount of $1,685,735.30 that provides for a 10% contingency and authorizes the execution of future change orders in the amount of $168,573.53 for a total construction management budget of $1,854,308.83;
3. Execute a Contract Amendment No. 3 to the Agreement with AECOM Technical Services, Inc., in a form approved by the City Attorney, in an amount of $485,000.00 for design support services during construction that extends the contract term until project completion, for a total amended contract not-to-exceed amount of $1,809,949.00;
4. Appropriate a total of $15,502,132.10, including $836,632.10 of the City Matching funds;
5. Approve a transfer from General Fund to Capital Improvement Fund in the amount of $836,632.10 for the City Matching Funds; and
6. Execute a funding agreement, in a form approved by the City Attorney, with the San Mateo County Transportation Authority for the awarded Measure “A” funds and Measure “W” funds in the amounts of $4,892,500 and $5,700,000, respectively.
PASSED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
3.9.a
Packet Pg. 125 Attachment: Resolution (2624 : US 101 Pedestrian Overcrossing) 1 Lead Compliance Plan LS 1 LS $ 10,000 $ 10,000 $ 10,000.00 $ 10,000 $ 5,000 $ 5,000 10,000.00 10,000.00 $ 10,000 $ 10,000 2 Soil Sampling and Analysis LS 1 LS $ 50,000 $ 50,000 $ 25,000 $ 25,000 $ 15,000 $ 15,000 25,000.00 25,000.00 $ 30,000 $ 30,000 3 Progress Schedule (Critical Path Method) LS 1 LS $ 6,000 $ 6,000 $ 25,000 $ 25,000 $ 15,000 $ 15,000 10,000.00 10,000.00 $ 25,000 $ 25,000 4 Time-Related Overhead LS 1 LS $ 907,000 $ 907,000 $ 600,000 $ 600,000 $ 1,150,000 $ 1,150,000 500,000.00 500,000.00 $ 1,000,000 $ 1,000,000 5 Develop Water Supply LS 1 LS $ 20,000 $ 20,000 $ 25,000 $ 25,000 $ 15,000 $ 15,000 10,000.00 10,000.00 $ 40,000 $ 40,000 6 Construction Area Signs LS 1 LS $ 40,000 $ 40,000 $ 24,000 $ 24,000 $ 25,000 $ 25,000 25,000.00 25,000.00 $ 45,000 $ 45,000 7 Traffic Control System LS 1 LS $ 600,000 $ 600,000 $ 225,000 $ 225,000 $ 300,000 $ 300,000 300,000.00 300,000.00 $ 934,724.40 $ 934,724.40 8 Portable Changeable Message Sign LS 1 LS $ 40,000 $ 40,000 $ 40,000 $ 40,000 $ 75,000 $ 75,000 40,000.00 40,000.00 $ 60,000 $ 60,000 9 Temporary Striping (Paint) LF 19,980 20,830 $ 5 $ 104,150 $ 2 $ 41,660 $ 2 $ 41,660 2.00 41,660.00 $ 2.20 $ 45,826 10 Temporary Pavement Marking (Paint) SQFT 830 830 $ 20 $ 16,600 $ 5 $ 4,150 $ 5 $ 4,150 5.00 4,150.00 $ 6 $ 4,980 11 Temporary Pavement Marker EA 470 521 $ 10 $ 5,210 $ 7 $ 3,647 $ 6 $ 3,126 6.00 3,126.00 $ 7 $ 3,647 12 Channelizer EA 125 125 $ 50 $ 6,250 $ 85 $ 10,625 $ 100 $ 12,500 35.00 4,375.00 $ 55 $ 6,875 13 Alternative Temporary Crash Cushion EA 125 1 $ 10,000 $ 10,000 $ 6,000 $ 6,000 $ 8,500 $ 8,500 5,000.00 5,000.00 $ 7,500 $ 7,500 14 Temporary Railing (Type K) LF 3,350 3,330 $ 40 $ 133,200 $ 50 $ 166,500 $ 65 $ 216,450 20.00 66,600.00 $ 35 $ 116,550 15 Temporary Crash Cushion Module EA 98 98 $ 800 $ 78,400 $ 375 $ 36,750 $ 500 $ 49,000 200.00 19,600.00 $ 500 $ 49,000 16 Job Site Management LS 1 LS $ 180,000 $ 180,000 $ 75,000 $ 75,000 $ 100,000 $ 100,000 325,000.00 325,000.00 $ 125,000 $ 125,000 17 Prepare Storm Water Pollution Prevention Plan LS 1 LS $ 8,000 $ 8,000 $ 2,000 $ 2,000 $ 50,000 $ 50,000 5,000.00 5,000.00 $ 5,000 $ 5,000 18 Rain Event Action Plan EA 30 30 $ 500 $ 15,000 $ 215 $ 6,450 $ 500 $ 15,000 125.00 3,750.00 $ 500 $ 15,000 19 Storm Water Sampling & Analysis Day EA 12 12 $ 1,200 $ 14,400 $ 275 $ 3,300 $ 1,000 $ 12,000 425.00 5,100.00 $ 500 $ 6,000 20 Temporary Cover SQYD 10,000 10,000 $ 3 $ 25,000 $ 5 $ 50,000 $ 4 $ 40,000 3.00 30,000.00 $ 2 $ 20,000 21 Storm Water Annual Report EA 3 3 $ 3,000 $ 9,000 $ 500 $ 1,500 $ 1,000 $ 3,000 1,000.00 3,000.00 $ 2,000 $ 6,000 22 Temporary Hydraulic Mulch (Bonded Fiber Matrix) SQYD 9,996 10,000 $ 2 $ 15,000 $ 1.50 $ 15,000 $ 1.25 $ 12,500 1.25 12,500.00 $ 0.35 $ 3,500 23 Temporary Drainage Inlet Protection EA 16 16 $ 800 $ 12,800 $ 300 $ 4,800 $ 250 $ 4,000 100.00 1,600.00 $ 190 $ 3,040 24 Temporary Fiber Roll LF 1,972 1,980 $ 5 $ 9,900 $ 6 $ 11,880 $ 6 $ 11,880 3.00 5,940.00 $ 8 $ 15,840 25 Temporary Reinforced Silt Fence LF 710 710 $ 5 $ 3,550 $ 11 $ 7,810 $ 10 $ 7,100 10.00 7,100.00 $ 16 $ 11,360 26 Temporary Construction Entrance EA 4 3 $ 3,000 $ 9,000 $ 10,000 $ 30,000 $ 6,500 $ 19,500 1,000.00 3,000.00 $ 6,000 $ 18,000 27 Street Sweeping LS 1 LS $ 30,000 $ 30,000 $ 75,000 $ 75,000 $ 30,000 $ 30,000 5,000.00 5,000.00 $ 110,000 $ 110,000 28 Dewatering and Non Storm Water Discharge System LS 1 LS $ 60,000 $ 60,000 $ 250,000 $ 250,000 $ 25,000 $ 25,000 100,000.00 100,000.00 $ 150,000 $ 150,000 29 Temporary Concrete Washout EA 6 5 $ 3,000 $ 15,000 $ 2,500 $ 12,500 $ 500 $ 2,500 1,000.00 5,000.00 $ 6,000 $ 30,000 30 Remove Concrete Curb LF 2,120 1,990 $ 10 $ 19,900 $ 22 $ 43,780 $ 30 $ 59,700 15.00 29,850.00 $ 12 $ 23,880 31 Remove Concrete Sidewalk and Island SF 12,540 12,600 $ 5 $ 63,000 $ 6 $ 75,600 $ 10 $ 126,000 5.00 63,000.00 $ 3.70 $ 46,620 32 Clearing and Grubbing LS 1 LS $ 100,000 $ 100,000 $ 55,000 $ 55,000 $ 150,000 $ 150,000 200,000.00 200,000.00 $ 55,000 $ 55,000 33 Roadway Excavation (Type Z-2) (Aerially Deposited Lead) CY 620 1,405 $ 350 $ 491,750 $ 275 $ 386,375 $ 550 $ 772,750 320.00 449,600.00 $ 275 $ 386,375 34 Imported Borrow CY 7,000 9,100 $ 30 $ 273,000 $ 70 $ 637,000 $ 65 $ 591,500 20.00 182,000.00 $ 25 $ 227,500 35 (F) (B) Structural Excavation (Bridge) CY 167 167 $ 175 $ 29,225 $ 210 $ 35,070 $ 500 $ 83,500 500.00 83,500.00 $ 150 $ 25,050 36 (F) (B) Structural Backfill (Bridge) CY 133 133 $ 210 $ 27,930 $ 350 $ 46,550 $ 350 $ 46,550 200.00 26,600.00 $ 410 $ 54,530 37 Rock Mulch SQFT 2 260 $ 15 $ 3,900 $ 32 $ 8,320 $ 30 $ 7,800 5.00 1,300.00 $ 33 $ 8,580 38 Weed Germination SQYD 2 4,300 $ 13 $ 55,900 $ 1 $ 4,300 $ 1 $ 4,300 1.00 4,300.00 $ 1 $ 4,300 39 Soil Amendment CY 942 55 $ 170 $ 9,350 $ 50 $ 2,750 $ 50 $ 2,750 60.00 3,300.00 $ 50 $ 2,750 40 Packet Fertilizer EA 942 1,093 $ 2 $ 2,186 $ 1 $ 1,093 $ 1 $ 1,093 1.00 1,093.00 $ 1 $ 1,093 Item No. Unit Price (in
Figures)
Estimated
Quantity
Engineer's Estimate
Route 101 University Avenue Interchange Improvements
Bid Tabulation
Item Description Item Total (in
Figures)
Estimated
Quantity Unit Item Total (in Figures)
Unit Price (in
Figures)
Item Total (in
Figures)
MCM Construction, Inc. Viking Construction Company Gordon N. Ball, Inc. Beador Construction Company, Inc.
Unit Price (in
Figures)
Item Total (in
Figures)
Unit Price (in
Figures)
Item Total (in
Figures)
Unit Price (in
Figures)
US 101 University Avenue Bid Tabulation 1 3/15/2023
3.9.b
Packet Pg. 126 Attachment: Construction Bid Tabulation (2624 : US 101 Pedestrian Overcrossing) Item No. Unit Price (in
Figures)
Estimated
Quantity
Engineer's Estimate
Item Description Item Total (in
Figures)
Estimated
Quantity Unit Item Total (in Figures)
Unit Price (in
Figures)
Item Total (in
Figures)
MCM Construction, Inc. Viking Construction Company Gordon N. Ball, Inc. Beador Construction Company, Inc.
Unit Price (in
Figures)
Item Total (in
Figures)
Unit Price (in
Figures)
Item Total (in
Figures)
Unit Price (in
Figures)
41 Slow Release Fertilizer LB 251 188 $ 10 $ 1,880 $ 6 $ 1,128 $ 5 $ 940 2.00 376.00 $ 6 $ 1,128 42 Plant (Group A) EA 1333 1,339 $ 40 $ 53,560 $ 22 $ 29,458 $ 20 $ 26,780 16.00 21,424.00 $ 22 $ 29,458 43 Plant (Group U) EA 49 49 $ 300 $ 14,700 $ 260 $ 12,740 $ 250 $ 12,250 285.00 13,965.00 $ 280 $ 13,720 44 Plant Establishment Period (1 Year) LS 1 1 $ 35,000 $ 35,000 $ 36,000 $ 36,000 $ 36,000 $ 36,000 25,000.00 25,000.00 $ 50,000 $ 50,000 45 Wood Mulch (2") CY 124 240 $ 200 $ 48,000 $ 52 $ 12,480 $ 50 $ 12,000 60.00 14,400.00 $ 55 $ 13,200 46 Foliage Protector (Tree Staking) EA 124 49 $ 60 $ 2,940 $ 110 $ 5,390 $ 100 $ 4,900 180.00 8,820.00 $ 110 $ 5,390 47 Root Barrier LF 124 452 $ 20 $ 9,040 $ 16 $ 7,232 $ 100 $ 45,200 17.00 7,684.00 $ 17 $ 7,684 48 Control and Neutral Conductors (Armor Clad) LS 2 LS $ 7,500 $ 7,500 $ 12,000 $ 12,000 $ 15,000 $ 15,000 4,000.00 4,000.00 $ 11,000 $ 11,000 49 1" Remote Control Valve EA 2 2 $ 600 $ 1,200 $ 750 $ 1,500 $ 700 $ 1,400 500.00 1,000.00 $ 825 $ 1,650 50 1 1/2" Remote Control valve EA 6 3 $ 800 $ 2,400 $ 775 $ 2,325 $ 750 $ 2,250 510.00 1,530.00 $ 910 $ 2,730 51 2" Remote Control Valve EA 4 8 $ 1,000 $ 8,000 $ 875 $ 7,000 $ 850 $ 6,800 600.00 4,800.00 $ 960 $ 7,680 52 WeatherTRAK 36-Station Irrigation Controller (Pedestal Mounted) EA 1 1 $ 28,000 $ 28,000 $ 17,000 $ 17,000 $ 20,000 $ 20,000 20,000.00 20,000.00 $ 17,500 $ 17,500 53 Riser Sprinkler Assembly EA 1440 1,449 $ 50 $ 72,450 $ 26 $ 37,674 $ 25 $ 36,225 35.00 50,715.00 $ 28 $ 40,572 54 2" Gate Valve EA 1635 2 $ 600 $ 1,200 $ 755 $ 1,510 $ 750 $ 1,500 700.00 1,400.00 $ 825 $ 1,650 55 1" Plastic Pipe (Schedule 40) (Supply Line) LF 1635 5,460 $ 15 $ 81,900 $ 9 $ 49,140 $ 8 $ 43,680 4.00 21,840.00 $ 6 $ 32,760 56 1 1/2" Plastic Pipe (Schedule 40) (Supply Line) LF 1001 3,363 $ 20 $ 67,260 $ 10 $ 33,630 $ 9 $ 30,267 5.00 16,815.00 $ 6 $ 20,178 57 2" Plastic Pipe (Class 315) (Supply Line) LF 1423 1,172 $ 30 $ 35,160 $ 11 $ 12,892 $ 10 $ 11,720 15.00 17,580.00 $ 8 $ 9,376 58 8" Welded Steel Pipe Conduit LF 350 112 $ 350 $ 39,200 $ 360 $ 40,320 $ 350 $ 39,200 210.00 23,520.00 $ 260 $ 29,120 59 Move In/Move Out (Erosion Control) EA 1 1 $ 3,000 $ 3,000 $ 1,400 $ 1,400 $ 1,000 $ 1,000 1,000.00 1,000.00 $ 1,100 $ 1,100 60 Rolled Erosion Control Product (Netting) SQFT 29,800 6,800 $ 2 $ 13,600 $ 1.50 $ 10,200 $ 1 $ 6,800 1.00 6,800.00 $ 1.10 $ 7,480 61 Hydromulch SQFT 59,240 36,300 $ 1 $ 36,300 $ 0.25 $ 9,075 $ 0.20 $ 7,260 0.20 7,260.00 $ 0.20 $ 7,260 62 Hydroseed SQFT 59,240 36,300 $ 2 $ 72,600 $ 0.50 $ 18,150 $ 0.40 $ 14,520 0.40 14,520.00 $ 0.50 $ 18,150 63 Fiber Rolls LF 3,420 3,500 $ 5 $ 17,500 $ 6 $ 21,000 $ 5 $ 17,500 5.00 17,500.00 $ 4.70 $ 16,450 64 Compost CY 460 180 $ 30 $ 5,400 $ 115 $ 20,700 $ 100 $ 18,000 100.00 18,000.00 $ 110 $ 19,800 65 Class 2 Aggregate Base CY 403 410 $ 100 $ 41,000 $ 175 $ 71,750 $ 350 $ 143,500 250.00 102,500.00 $ 160 $ 65,600 66 Hot Mix Asphalt (Type A) TON 1,908 1,910 $ 150 $ 286,500 $ 180 $ 343,800 $ 200 $ 382,000 200.00 382,000.00 $ 215 $ 410,650 67 HMA Dike (Type D) LF 405 410 $ 30 $ 12,300 $ 15 $ 6,150 $ 15 $ 6,150 10.00 4,100.00 $ 22 $ 9,020 68 Tack Coat TON 6 6 $ 1,000 $ 6,000 $ 2 $ 12 $ 500 $ 3,000 1,000.00 6,000.00 $ 1,800 $ 10,800 69 Cold Plane Asphalt Concrete Pavement SQYD 56 56 $ 200 $ 11,200 $ 90 $ 5,040 $ 250 $ 14,000 300.00 16,800.00 $ 195 $ 10,920 70 Remove Base and Surfacing CY 678 540 $ 100 $ 54,000 $ 90 $ 48,600 $ 65 $ 35,100 100.00 54,000.00 $ 105 $ 56,700 71 Remove AC Dike LF 202 210 $ 15 $ 3,150 $ 2 $ 420 $ 25 $ 5,250 10.00 2,100.00 $ 25 $ 5,250 72 Temporary Shoring LS 1 LS $ 180,000 $ 180,000 $ 70,000 $ 70,000 $ 5,000 $ 5,000 50,000.00 50,000.00 $ 1,600,000 $ 1,600,000 73 (B) 24" Cast-In-Drilled-Hole Concrete Piling LF 525 530 $ 300 $ 159,000 $ 385 $ 204,050 $ 425 $ 225,250 400.00 212,000.00 $ 560 $ 296,800 74 (B) 96" Cast-In-Drilled-Hole Concrete Piling LF 362 370 $ 2,900 $ 1,073,000 $ 3,100 $ 1,147,000 $ 4,000 $ 1,480,000 3,500.00 1,295,000.00 $ 3,200 $ 1,184,000 75 (B) Prestressing Cast-In-Place Concrete LS 1 LS $ 108,000 $ 108,000 $ 94,000 $ 94,000 $ 100,000 $ 100,000 85,000.00 85,000.00 $ 105,000 $ 105,000 76 (F) (B) Structural Concrete, Bridge Footing CY 38 38 $ 935 $ 35,530 $ 900 $ 34,200 $ 1,500 $ 57,000 1,500.00 57,000.00 $ 1,385 $ 52,630 77 (F) (B) Structural Concrete, Bridge CY 520 520 $ 1,300 $ 676,000 $ 2,208 $ 1,148,160 $ 2,475 $ 1,287,000 4,200.00 2,184,000.00 $ 2,500 $ 1,300,000 78 (F) (B) Structural Concrete, Bridge (Polymer Fiber) CY 221 221 $ 1,300 $ 287,300 $ 1,550 $ 342,550 $ 2,250 $ 497,250 2,200.00 486,200.00 $ 660 $ 145,860 79 (F) (B) Joint Seal Assembly (MR 3 1/2") LF 28 28 $ 540 $ 15,120 $ 1,000 $ 28,000 $ 1,000 $ 28,000 1,000.00 28,000.00 $ 785 $ 21,980 80 (F) (B) Bar Reinforcing Steel (Bridge) LB 364,384 364,384 $ 2 $ 583,014 $ 2 $ 728,768 $ 1.50 $ 546,576 2.00 728,768.00 $ 1.65 $ 601,233.60 81 (F) (B) Headed Bar Reinforcement EA 10 10 $ 45 $ 450 $ 25 $ 250 $ 125 $ 1,250 300.00 3,000.00 $ 297 $ 2,970 82 18" Alternative Pipe Culvert LF 30 68 $ 500 $ 34,000 $ 200 $ 13,600 $ 600 $ 40,800 600.00 40,800.00 $ 250 $ 17,000 83 8" Alternative Pipe Culvert Downdrain LF 167 170 $ 100 $ 17,000 $ 150 $ 25,500 $ 375 $ 63,750 200.00 34,000.00 $ 180 $ 30,600 US 101 University Avenue Bid Tabulation 2 3/15/2023
3.9.b
Packet Pg. 127 Attachment: Construction Bid Tabulation (2624 : US 101 Pedestrian Overcrossing) Item No. Unit Price (in
Figures)
Estimated
Quantity
Engineer's Estimate
Item Description Item Total (in
Figures)
Estimated
Quantity Unit Item Total (in Figures)
Unit Price (in
Figures)
Item Total (in
Figures)
MCM Construction, Inc. Viking Construction Company Gordon N. Ball, Inc. Beador Construction Company, Inc.
Unit Price (in
Figures)
Item Total (in
Figures)
Unit Price (in
Figures)
Item Total (in
Figures)
Unit Price (in
Figures)
84 Corrugated Steel Pipe Tee Dissipator EA 2 3 $ 1,000 $ 3,000 $ 700 $ 2,100 $ 3,500 $ 10,500 2,000.00 6,000.00 $ 1,650 $ 4,950 85 Drainage Inlet Marker EA 7 8 $ 100 $ 800 $ 120 $ 960 $ 75 $ 600 100.00 800.00 $ 135 $ 1,080 86 (F) Structural Concrete (Drainage Inlet) CY 22 26 $ 800 $ 20,800 $ 4,000 $ 104,000 $ 4,000 $ 104,000 5,000.00 130,000.00 $ 3,175 $ 82,550 87 Minor Concrete (Inlet Depression) CY 7 8 $ 1,200 $ 9,600 $ 2,000 $ 16,000 $ 3,500 $ 28,000 250.00 2,000.00 $ 1,650 $ 13,200 88 Remove Inlet EA 1 1 $ 1,000 $ 1,000 $ 3,500 $ 3,500 $ 5,000 $ 5,000 5,000.00 5,000.00 $ 4,500 $ 4,500 89 Inlet Depression EA 1 8 $ 2,000 $ 16,000 $ 2,500 $ 20,000 $ 3,500 $ 28,000 1,000.00 8,000.00 $ 1,650 $ 13,200 90 Modify Inlet to Manhole EA 3 5 $ 2,500 $ 12,500 $ 5,000 $ 25,000 $ 12,500 $ 62,500 5,000.00 25,000.00 $ 4,400 $ 22,000 91 Rock Slope Protection (Method B) CY 1.5 3 $ 2,000 $ 6,000 $ 550 $ 1,650 $ 3,500 $ 10,500 800.00 2,400.00 $ 2,000 $ 6,000 92 Minor Concrete (Miscellaneous Construction) CY 152 130 $ 1,500 $ 195,000 $ 1,750 $ 227,500 $ 1,000 $ 130,000 2,000.00 260,000.00 $ 1,100 $ 143,000 93 Curb Ramp (Case F) EA 1 1 $ 5,000 $ 5,000 $ 4,200 $ 4,200 $ 10,000 $ 10,000 3,000.00 3,000.00 $ 6,000 $ 6,000 94 Curb Ramp (Case G, Modified) EA 1 3 $ 5,000 $ 15,000 $ 5,500 $ 16,500 $ 10,000 $ 30,000 3,000.00 9,000.00 $ 6,000 $ 18,000 95 Island Passageway EA 1 1 $ 2,000 $ 2,000 $ 5,000 $ 5,000 $ 10,000 $ 10,000 3,000.00 3,000.00 $ 20,000 $ 20,000 96 (F) Miscellaneous Iron And Steel LB 2,282 2,610 $ 3 $ 7,830 $ 6 $ 15,660 $ 7 $ 18,270 2.00 5,220.00 $ 3.50 $ 9,135 97 (F) (B) Miscellaneous Metal (Bridge) LB 860 860 $ 16 $ 13,760 $ 25 $ 21,500 $ 30 $ 25,800 20.00 17,200.00 $ 16 $ 13,760 98 Chain Link Fence (Type CL-6, Vinyl-Clad) LF 1,185 461 $ 80 $ 36,880 $ 45 $ 20,745 $ 50 $ 23,050 45.00 20,745.00 $ 45 $ 20,745 99 Remove Chain Link Fence LF 530 530 $ 20 $ 10,600 $ 17 $ 9,010 $ 32.50 $ 17,225 10.00 5,300.00 $ 20 $ 10,600 100 Object Marker (Type K-2) EA 1 1 $ 200 $ 200 $ 125 $ 125 $ 40 $ 40 100.00 100.00 $ 220 $ 220 101 Remove Roadside Sign EA 8 9 $ 150 $ 1,350 $ 125 $ 1,125 $ 120 $ 1,080 120.00 1,080.00 $ 275 $ 2,475 102 Relocate Roadside Sign (One Post) EA 2 2 $ 300 $ 600 $ 400 $ 800 $ 225 $ 450 250.00 500.00 $ 440 $ 880 103 Relocate Roadside Sign (Two Post) EA 4 4 $ 500 $ 2,000 $ 725 $ 2,900 $ 275 $ 1,100 300.00 1,200.00 $ 880 $ 3,520 104 Treated Wood Waste LB 2,800 1,512 $ 1 $ 1,512 $ 2 $ 3,024 $ 2 $ 3,024 1.00 1,512.00 $ 2 $ 3,024 105 Roadside Sign - One Post EA 10 12 $ 800 $ 9,600 $ 450 $ 5,400 $ 550 $ 6,600 600.00 7,200.00 $ 440 $ 5,280 106 Roadside Sign - Two Post EA 2 2 $ 1,500 $ 3,000 $ 1,000 $ 2,000 $ 1,250 $ 2,500 1,000.00 2,000.00 $ 1,300 $ 2,600 107 Install Sign (Mast-Arm Hanger Method) EA 2 2 $ 500 $ 1,000 $ 500 $ 1,000 $ 500 $ 1,000 500.00 1,000.00 $ 925 $ 1,850 108 Remove Guardrail LF 73 73 $ 50 $ 3,650 $ 55 $ 4,015 $ 50 $ 3,650 50.00 3,650.00 $ 60 $ 4,380 109 Midwest Guardrail System (Steel Post) LF 113 183 $ 300 $ 54,900 $ 70 $ 12,810 $ 115 $ 21,045 65.00 11,895.00 $ 130 $ 23,790 110 Transition Railing (Type WB-31) EA 2 1 $ 40,000 $ 40,000 $ 6,600 $ 6,600 $ 6,500 $ 6,500 7,000.00 7,000.00 $ 6,500 $ 6,500 111 Alternative In-line Terminal System EA 1 1 $ 5,000 $ 5,000 $ 5,300 $ 5,300 $ 5,000 $ 5,000 5,000.00 5,000.00 $ 4,400 $ 4,400 112 End Cap (Type A) EA 1 1 $ 1,500 $ 1,500 $ 2,200 $ 2,200 $ 500 $ 500 2,000.00 2,000.00 $ 220 $ 220 113 End Cap (Type TC) EA 1 1 $ 1,500 $ 1,500 $ 600 $ 600 $ 500 $ 500 500.00 500.00 $ 220 $ 220 114 End Anchor Assembly (Type SFT-M) EA 1 1 $ 1,500 $ 1,500 $ 2,700 $ 2,700 $ 2,500 $ 2,500 3,000.00 3,000.00 $ 2,300 $ 2,300 115 End Anchor Block EA 1 1 $ 10,000 $ 10,000 $ 7,200 $ 7,200 $ 7,000 $ 7,000 10,000.00 10,000.00 $ 9,350 $ 9,350 116 Vegetation Control (Minor Concrete) SQYD 120 147 $ 100 $ 14,700 $ 260 $ 38,220 $ 250 $ 36,750 150.00 22,050.00 $ 235 $ 34,545 117 (F) (B) Chain Link Railing (Type 7L, Vinyl-Clad) LF 1,177 1,177 $ 170 $ 200,090 $ 380 $ 447,260 $ 395 $ 464,915 215.00 253,055.00 $ 400 $ 470,800 118 Concrete Barrier (Type 60R Modified A) LF 110 110 $ 300 $ 33,000 $ 900 $ 99,000 $ 1,050 $ 115,500 700.00 77,000.00 $ 800 $ 88,000 119 Concrete Barrier (Type 60R Modified B) LF 110 26 $ 500 $ 13,000 $ 950 $ 24,700 $ 1,200 $ 31,200 800.00 20,800.00 $ 1,400 $ 36,400 120 Concrete Barrier (Type 60MS) LF 110 96 $ 500 $ 48,000 $ 425 $ 40,800 $ 400 $ 38,400 400.00 38,400.00 $ 400 $ 38,400 121 Remove Concrete Barrier LF 110 110 $ 80 $ 8,800 $ 105 $ 11,550 $ 250 $ 27,500 100.00 11,000.00 $ 185 $ 20,350 122 Thermoplastic Pavement Marking (Enhanced Wet Night
Visibility) SQFT 8,120 6,720 $ 10 $ 67,200 $ 10 $ 67,200 $ 9 $ 60,480 9.00 60,480.00 $ 10 $ 67,200 123 Bike Lane Marking SQFT 1,670 2,260 $ 10 $ 22,600 $ 14 $ 31,640 $ 13 $ 29,380 13.00 29,380.00 $ 15 $ 33,900 124 4" Thermoplastic Traffic Stripe (Yellow, Solid) LF 1,660 1,660 $ 2 $ 3,320 $ 3 $ 4,980 $ 2.25 $ 3,735 2.00 3,320.00 $ 2.60 $ 4,316 125 6" Thermoplastic Traffic Stripe (Enhanced Wet Night Visibility) (Broken 17-7) LF 2,800 3,360 $ 2 $ 6,720 $ 5.50 $ 18,480 $ 5 $ 16,800 5.00 16,800.00 $ 5.70 $ 19,152 126 6" Thermoplastic Traffic Stripe (Enhanced Wet Night Visibility) (Broken 18-12) LF 7,520 7,520 $ 2 $ 15,040 $ 5.50 $ 41,360 $ 5 $ 37,600 5.00 37,600.00 $ 5.70 $ 42,864 US 101 University Avenue Bid Tabulation 3 3/15/2023
3.9.b
Packet Pg. 128 Attachment: Construction Bid Tabulation (2624 : US 101 Pedestrian Overcrossing) Item No. Unit Price (in
Figures)
Estimated
Quantity
Engineer's Estimate
Item Description Item Total (in
Figures)
Estimated
Quantity Unit Item Total (in Figures)
Unit Price (in
Figures)
Item Total (in
Figures)
MCM Construction, Inc. Viking Construction Company Gordon N. Ball, Inc. Beador Construction Company, Inc.
Unit Price (in
Figures)
Item Total (in
Figures)
Unit Price (in
Figures)
Item Total (in
Figures)
Unit Price (in
Figures)
127 4" Yellow Thermoplastic Traffic Stripe (Enhanced Wet Night Visibility) LF 1,660 1,660 $ 2 $ 3,320 $ 3 $ 4,980 $ 2.25 $ 3,735 2.00 3,320.00 $ 2.60 $ 4,316 128 6" Thermoplastic Traffic Stripe (Enhanced Wet Night Visibility) LF 12,609 13,060 $ 2 $ 26,120 $ 3.25 $ 42,445 $ 3 $ 39,180 3.00 39,180.00 $ 3.40 $ 44,404 129 6" Thermoplastic Traffic Stripe (Enhanced Wet Night Visibility) (Broken 6-1) LF 922 1,000 $ 4 $ 4,000 $ 4 $ 4,000 $ 3 $ 3,000 3.00 3,000.00 $ 3.30 $ 3,300 130 8" Thermoplastic Traffic Stripe (Enhanced Wet Night Visibility) LF 2,575 3,290 $ 3 $ 9,870 $ 5.50 $ 18,095 $ 5 $ 16,450 5.00 16,450.00 $ 5.80 $ 19,082 131 8" Thermoplastic Traffic Stripe (Enhanced Wet Night Visibility) (Broken 18-12) LF 3,780 3,780 $ 3 $ 11,340 $ 5.50 $ 20,790 $ 5 $ 18,900 5.00 18,900.00 $ 5.80 $ 21,924 132 Pavement Marker (Retroreflective) EA 888 1,036 $ 30 $ 31,080 $ 7 $ 7,252 $ 6 $ 6,216 6.00 6,216.00 $ 7.40 $ 7,666 133 Remove Yellow Thermoplastic Traffic Stripe (Hazardous Waste) LF 7,640 4,210 $ 5 $ 21,050 $ 3.50 $ 14,735 $ 3 $ 13,682.50 3.00 12,630.00 $ 3.90 $ 16,419 134 Remove Thermoplastic Traffic Stripe LF 11,600 12,040 $ 1 $ 12,040 $ 3.50 $ 42,140 $ 3 $ 39,130 3.00 36,120.00 $ 3.60 $ 43,344 135 Remove Thermoplastic Pavement Marking SQFT 950 950 $ 5 $ 4,750 $ 6 $ 5,700 $ 5 $ 4,750 5.00 4,750.00 $ 5.70 $ 5,415 136 Remove Pavement Marker EA 441 492 $ 5 $ 2,460 $ 4 $ 1,968 $ 3 $ 1,476 3.00 1,476.00 $ 3.30 $ 1,623.60 137 Signal and Lighting (City Street Location 1) LS 1 LS $ 96,000 $ 96,000 $ 110,000 $ 110,000 $ 120,000 $ 120,000 125,000.00 125,000.00 $ 125,000 $ 125,000 138 Signal and Lighting (City Street Location 2) LS 1 LS $ 179,000 $ 179,000 $ 230,000 $ 230,000 $ 255,000 $ 255,000 260,000.00 260,000.00 $ 275,000 $ 275,000 139 Lighting (City Street) LS 1 LS $ 366,000 $ 366,000 $ 475,000 $ 475,000 $ 505,000 $ 505,000 500,000.00 500,000.00 $ 540,000 $ 540,000 140 Modifying Lighting Systems LS 1 LS $ 91,000 $ 91,000 $ 80,000 $ 80,000 $ 85,000 $ 85,000 85,000.00 85,000.00 $ 90,000 $ 90,000 141 Rectangular Rapid Flashing Beacon System (City) LS 1 LS $ 84,000 $ 84,000 $ 90,000 $ 90,000 $ 100,000 $ 100,000 150,000.00 150,000.00 $ 110,000 $ 110,000 142 Modify Signal and Lighting System LS 1 LS $ 262,000 $ 262,000 $ 350,000 $ 350,000 $ 375,000 $ 375,000 385,000.00 385,000.00 $ 390,000 $ 390,000 143 Modify Fiber Optic System LS 1 LS $ 97,000 $ 97,000 $ 100,000 $ 100,000 $ 116,109.50 $ 116,109.50 125,000.00 125,000.00 $ 130,000 $ 130,000 144 Temporary High Visibility Fence LF 710 940 $ 10 $ 9,400 $ 7 $ 6,580 $ 10 $ 9,400 3.00 2,820.00 $ 7 $ 6,580 145 Mobilization LS 1 LS $ 1,110,000 $ 1,110,000 $ 1,190,000 $ 1,190,000 $ 1,395,000 $ 1,395,000 1,250,000.00 1,250,000.00 $ 1,450,000 $ 1,450,000 CONSTRUCTION TOTAL 11,100,000 11,966,203.00 $ 13,991,100.00 12,867,310.00 $ 14,625,300 US 101 University Avenue Bid Tabulation 4 3/15/2023
3.9.b
Packet Pg. 129 Attachment: Construction Bid Tabulation (2624 : US 101 Pedestrian Overcrossing) City of East Palo Alto Public Works Department
On-Call Construction Management, Inspection, and Materials Testing 1 Cost Proposal for City of East Palo Alto, Public Works Dept.
On-Call Construction Management,
Inspection, and Materials Testing for Capital
Improvement Projects and Other Projects,
Including Route 101/University Ave. Pedestrian
Overcrossing
Proposed For: City of East Palo Alto - Public
Works Department
Attention: Glen March, Senior Engineer
1960 Tate Street
East Palo Alto, CA 94303
Proposed By: Ghirardelli Associates, Inc.
2055 Gateway Place, Suite 470
San Jose, CA 95110
Revised On:
5/26/2022
3.9.c
Packet Pg. 130 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian Overcrossing) Section E: Scope of Services and Cost Proposal
for the Route 101 / University Avenue
Pedestrian Overcrossing Project
Project Description
The Project includes the following: (a) a pedestrian overcrossing over Route 101; (b) Class I Bicycle Facilities on each side of the pedestrian overcrossing;(c) an additional right turn lane and repaving at the southbound 101 off-ramp; (2) reconstruction of curb and gutters, curb ramps, and the center median on University Avenue; (3) reconstruction of the northbound 101 off ramp; (4) modify three traffic signals at the intersections on University Avenue.
All improvements will be constructed within the existing Caltrans right of way, City right of way, or an existing easement (ROW).
Scope of Services
The City’s Project Manager is responsible for oversight of the Construction Management Consultant and Design Consultant. The Design Consultant will provide construction design support services during construction for the project. The Design Consultant will be available to review and respond to all design related issues. The City Engineer is responsible for the overall direction and execution of this project.
Ghirardelli’s Resident Engineer (RE) will manage the construction contract management, inspection, and materials testing on behalf of the City. As such, the RE functions as the primary contact with the contractor in all matters of the contract. The RE will also ensure the community has been properly informed of the construction activities that would be taking place and that their concerns have been addressed.
Our Key Personnel for the Construction Management work will include a Resident Engineer, Structure Representative/Falsework Checker, Office Engineer, Inspectors and Scheduler.
Construction management, inspection, and materials testing tasks associated with the Project include the following:
i. Construction Management
A. Pre-Construction Work includes the following activities:
1. Constructability review of construction contract documents.
2. Assemble Caltrans Awards Package.
3. Participate in a major community meeting prior to start of construction to explain the project, construction events and schedules, and the Public Outreach program.
4. Develop list of anticipated Contractor submittals with milestones by which the submittal will be made and the timeframe allowed for review.
5. Develop a construction management plan that will describe all deliverables and timing for periodic reports to be received by the City. The plan shall describe the level of effort anticipated to be maintained by the Resident Engineer and project inspectors for the various activities during the construction period and project closeout; and
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Packet Pg. 131 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian Overcrossing)
6. As part of the construction management plan, create an electronic filing system for review and approval by City.
B. Construction Project Meetings include the following activities:
1. Schedule and conduct project meetings, which includes preparing agendas and meeting minutes for all meeting. Types of meetings may include the following:
a) Pre-construction meeting with the Contractor and all the third parties. b) Weekly project meeting to discuss safety, coordination, schedule and other issues with contractor.
c) Monthly meeting with City staff to provide update of project status, including cost and schedule status.
d) Preconstruction Scheduling Conference.
e) Other project meetings as needed, e.g., schedule review meetings, contract change order meetings.
2. Organize partnering workshop.
C. Project Controls and Contract Administration include the following activities:
1. Prepare a Resident Engineer Daily report. The RE report should document daily construction activities, conversations with Contractor or others, issues, and concerns.
2. Document control for all construction correspondences, documents, contractor’s submittals, etc.
3. Review and monitor the contractor’s safety programs and requirements. Inform contractor when its staff does not comply with their programs and project requirements
4. Comply with Cal-OSHA regulations regarding safety equipment and procedures, and safety instructions issued by the state.
5. Take daily photographs to illustrate construction progress, construction problems and solutions to form a record of critical activities that could support City’s position in potential claims.
6. Review work done by contractors prior to recommending contractor’s invoices for payment. Submit completed contract costs with each invoice certification.
7. Prepare and process backup calculations for each pay item and maintain all records required for paying contractor’s invoices.
8. Review of all contractor’s submittals (with assistance from design consultant on designrelated submittals) and maintain a record of all the submittals. Check for compliance with Buy America requirements.
9. Submittals to be reviewed by the construction management team include but are not limited to:
a) Trenching/Shoring.
b) Falsework.
c) Traffic Control Plans.
d) Base Material; Asphalt concrete and other construction materials e) Other Construction submittals related to temporary conditions f) Public Notification Flyers
10. Review, respond and maintain a record of all contractor’s RFIs. Provide field recommendations for those RFIs that need to be responded by the City or Designer of Record.
11. Consult with the Design Engineer and the City prior to interpreting contract documents for the Contractor and assist in the resolution of questions which may arise.
12. Act as liaison with Caltrans, public agencies, utilities, and other entities during construction
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Packet Pg. 132 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian Overcrossing)
13. Monitor project for compliance with Environmental requirements
14. Ensure Contractor maintains Storm Water Pollution and Protection Plan and Best Management Practices.
15. Monitor contractor for labor compliance including posting of posters, conducting Employee Interviews, and checking Certified Payrolls and Statement of Compliance
16. Check contractor compliance with Federal Trainee requirements
17. Prepare tri-monthly invoice package for Caltrans Reimbursement
18. Maintain a record set of conformed contract documents continually updated with all revisions and change orders
19. Monitor contractor’s records of “as-builts” conditions on the contract drawings and specifications
D. Change Management includes the following activities:
1. Maintain logs/lists of change notices, change directives, change orders, potential change orders, and potential claims. Lists shall include a description of each item and actual or potential cost associated with each item.
2. Review and respond to contractor’s claims
3. Prepare and process all construction Change Notices
4. Process Design Change Notices
5. Prepare Change Directives
6. Prepare all Change Orders documentation including Change Order and required support documentation and Change Order memorandums.
7. Negotiate Change Orders as directed by the City Engineer.
8. Establish an agreed upon scope of work for any changes and perform an independent cost estimate and schedule impact analyses, if required, for all contractor’s Change Orders prior to Change Order negotiations
9. Make appropriate recommendations to City as to the value of all changes, additive or deductive and any impact on schedule
E. Schedule Management includes the following activities:
1. Review contractor’s baseline schedule submittal for accuracy and reasonableness.
Provide comments to the schedule, as appropriate. Once satisfied that contractor has formulated a plausible plan, recommend approval of the contractor’s schedule to the City.
2. Monitor the contractor’s progress against their base-line schedule.
3. Review and provide comments, as necessary, to contractor’s monthly schedule update.
4. Prepare Weekly Statement of Working Days and provide to Contractor within 5 days after end of period.
5. Perform Time Impact Analysis in advance of negotiating contract change orders, as required. After execution of contract change order with time impact, ensure change order activities and time impact is appropriately incorporated into the project schedule.
F. Monthly Reports shall be submitted with the Consultant Invoice and include the following information:
1. Summary of Contractor’s construction progress to date, as well as, during the month with supporting progress photographs.
2. Summary of issues and potential issues that may impact project cost or schedule.
3. Approved total working days, working days worked to date, percentage of working days completed.
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Packet Pg. 133 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian Overcrossing)
4. Forecast remaining working days and estimated date construction will be completed.
5. Current contract amount, amount spent to date, percentage of contract complete.
6. Forecast of Final Construction Contract Cost - costs spent to date and the projected completion cost including:
a) Base contract amount
b) Approved Contract Change Orders
c) Contract Change Order Log
d) Construction Directive Log
e) Construction Notice Log
f) Potential Contract Change Order Log, including Contractor’s Change Requests g) Projected overruns and underruns of bid items
h) Potential Claims, including denied Contractor’s Change Requests
7. Summary of liquidated damages assessed to Contractor due to failure to re-open lanes on the roadway on time and other items.
8. Estimate Construction Management Costs at the end of work, describing amount spent to date and forecasted cost at the end of work.
9. Submittals Logs
10. RFIs Log
G. Utility Relocations includes the following activities:
1. Establish contact with all the utility companies prior to start of construction to begin coordination of utility company activities; and
2. Coordinate all utility work with utility companies.
H. Community Outreach include the following activities:
1. Provide construction notices to affected businesses, residents, the City, and/or the City of Palo Alto announcing major traffic, noise, or other impacts.
2. Prepare quarterly newsletters about the project.
3. Participate in quarterly presentations to the City Council, if requested.
4. Assist City with responses to media contacts. All media contacts will be done by the City staff.
ii. Project Close-out
1. Transmit Contractor’s approved Record Drawings (As-Builts) to the City and Caltrans.
2. Finalize Change Orders, including finalizing bid items.
3. Assist with resolution of claims.
4. Finalize and resolve all punch list items.
5. Prepare all final reports including report of completion for acceptance of the Project.
6. Prepare closeout package to Caltrans.
7. Finalize and deliver all construction files to the City. iii. Construction Inspection
A. Inspect work done by contractor for contract compliance on a continuous basis B. Prepare daily inspection reports that describe labor, equipment and material provided by the contractor for each construction activity. When practicable, include name of activity from contractor’s construction schedule.
C. Photographs construction activities daily.
D. Provide a weekly summary of all construction activities.
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Packet Pg. 134 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian Overcrossing) E. Inspect material and equipment upon delivery for compliance to construction contract documents. Collect delivery records and certificates of compliance F. Recommend acceptance of the work when it is satisfactorily completed. Track noncompliant work separately until work is satisfactorily completed and accepted.
G. Conduct substantial completion and final inspections, preparing punch lists and monitoring their completion.
H. Keep accurate and precise records regarding when road and lane closures are put in place and removed.
I. Perform verification surveys to ensure the line, grade, and dimension for compliance with the construction contract documents. Monitor settlements and deformation at critical locations.
vi. Materials Testing and Inspection
A. Provide for material testing and inspection as required and necessary for quality project, include testing described in the construction contract, Quality Management Plan, Source Inspection Quality Control Management Plan, and/or City of East Palo Alto’s Quality Assurance Program by a qualified testing laboratory.
Cost Proposal (Revised on 5/26/2022)
3.9.c
Packet Pg. 135 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian Overcrossing) Section F: Billing Rates
PW BILL RATE NPW BILL RATE
First Shift Second Shift First Shift Second Shift
NAME ST OT DT ST OT DT ST OT DT ST OT DT
Aaron Prchlik $227.39 $227.39 $281.04 $227.39 $241.63 $312.54 $227.39 $227.39 $227.39 $227.39 $227.39 $227.39 Bonnie Holt $174.08 $237.11 $300.14 $189.83 $260.74 $331.64 $140.01 $210.02 $280.02 $140.01 $210.02 $280.02 Carolyn Adkins $201.23 $264.26 $342.69 $216.98 $287.89 $358.79 $171.34 $257.02 $342.69 $171.34 $257.02 $342.69 Cesar Lara $163.06 $240.99 $321.31 $178.81 $249.72 $321.31 $160.65 $240.99 $321.31 $160.65 $240.99 $321.31 Chris Morris $193.37 $290.06 $386.74 $193.37 $290.06 $386.74 $193.37 $290.06 $386.74 $193.37 $290.06 $386.74 David Eldridge $258.02 $258.02 $280.07 $258.02 $258.02 $311.58 $258.02 $258.02 $258.02 $258.02 $258.02 $258.02 Donna James $163.26 $242.84 $323.79 $179.01 $249.92 $323.79 $161.89 $242.84 $323.79 $161.89 $242.84 $323.79 Jaime Heredia $222.32 $242.31 $305.34 $222.32 $265.94 $336.84 $222.32 $222.33 $222.33 $222.32 $222.33 $222.33 Jaimie Azvedo $176.89 $265.34 $353.79 $184.60 $265.34 $353.79 $176.89 $265.34 $353.79 $176.89 $265.34 $353.79 Jay Ryan $190.94 $286.42 $381.89 $190.94 $286.42 $381.89 $190.94 $286.42 $381.89 $190.94 $286.42 $381.89 Keith Baty $179.70 $269.56 $359.41 $181.07 $269.56 $359.41 $179.70 $269.56 $359.41 $179.70 $269.56 $359.41 Kenneth Wong $173.23 $259.85 $346.47 $178.90 $259.85 $346.47 $173.23 $259.85 $346.47 $173.23 $259.85 $346.47 Lesha Kubacki $162.35 $243.53 $324.71 $171.63 $243.53 $324.71 $162.35 $243.53 $324.71 $162.35 $243.53 $324.71 Matthew McKeon $221.45 $332.18 $442.91 $221.45 $332.18 $442.91 $221.45 $332.18 $442.91 $221.45 $332.18 $442.91 Michael Peters $208.39 $219.45 $282.48 $208.39 $243.07 $313.98 $208.39 $208.39 $208.39 $208.39 $208.39 $208.39 Michael Williams $164.72 $247.09 $329.46 $171.30 $247.09 $329.46 $164.72 $247.09 $329.46 $164.72 $247.09 $329.46
3.9.c
Packet Pg. 136 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian Neil Hannan $180.43 $233.87 $296.90 $186.59 $257.50 $328.40 $180.43 $180.43 $180.43 $180.43 $180.43 $180.43 Patrick Myers $181.71 $272.57 $363.43 $184.29 $272.57 $363.43 $181.71 $272.57 $363.43 $181.71 $272.57 $363.43 Paul Cabral $216.39 $324.59 $432.78 $216.39 $324.59 $432.78 $216.39 $324.59 $432.78 $216.39 $324.59 $432.78 Richard Kaufman $261.70 $261.70 $276.73 $261.70 $261.70 $308.23 $261.70 $261.70 $261.70 $261.70 $261.70 $261.70 Scott Buckley $234.80 $234.81 $272.78 $234.80 $234.81 $304.28 $234.80 $234.81 $234.81 $234.80 $234.81 $234.81 Teck Low $167.73 $251.60 $335.47 $182.11 $253.02 $335.47 $167.73 $251.60 $335.47 $167.73 $251.60 $335.47 Additional Comments
1. Hourly rates include vehicle, mobile phone, laptop, and camera.
2. Any extensive reproduction or delivery service charges shall be billed at actual.
3. Rates valid until 12/31/2022. Annual rate escalation is 5%.
4. Construction inspection activities are subject to prevailing wage requirements.
5. Per prevailing wage requirements, a shift differential is for any covered work shift beginning after 2PM.
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Packet Pg. 137 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian 399 Lindbergh Avenue
Livermore CA 94551
P 925.315.3151
www.bskassociates.com
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company BSK Proposal No. C00000144
May 25, 2022
COST ESTIMATE SUMMARY
City of East Palo Alto
US 101/University Avenue Interchange Improvement Project Quality Assurance (QA) Construction Materials Testing
HOURS RATE EXTENSION
Group 1 Special Inspector (NDT Testing) $155.00 $0.00
Group 2 Special Inspector (Source Inspections / Welding Inspections) 164 $149.00 $24,436.00 Group 3 Engineering Technician (Soils / HMA Sampling and Testing) 132 $135.00 $17,820.00 Group 4 Technician (Concrete Sampling) 100 $118.00 $11,800.00 Sample Courier (Pickup / Transportation) 40 $108.00 $4,320.00 Senior Professional (Senior Materials Engineer) 15 $230.00 $3,450.00 Senior Professional (Project Manager) 15 $230.00 $3,450.00 Staff Professional II (Assistant Project Manager) 5 $215.00 $1,075.00 Administrative Assistant (Reporting / Scheduling) 15 $90.00 $1,350.00 FIELD SERVICES ESTIMATE $67,701.00
QUANTITY UNIT COST TOTAL
Mobilization / Travel
Trip Charge (Mileage, Bridge Toll, Parking Fees) 77 $70.00 $5,390.00 Equipment Charges
Nuclear Gauge Equipment Fee 28 $64.00 $1,792.00
DIR Project Administration
DIR Prescribed Reporting 12 $150.00 $1,800.00
QUANTITY UNIT COST TOTAL
Soils Testing
Modified Proctor, 6" Curve 5 $286.00 $1,430.00
R-Value of Soils (CT 301) - Aggregate Base/Import Borrow 4 $454.00 $1,816.00 Sieve Analysis of Soils (CT 202) 14 $195.00 $2,730.00
Sand Equivalent (CT 217) 14 $144.00 $2,016.00
Durability Index (AASHTO T210) 1 $286.00 $286.00
HMA Testing
Sieve Analysis - 3 Bin Samples (AASHTO T27) 3 $285.00 $855.00 Sand Equivalent (AASHTO T27) 3 $144.00 $432.00
Aggregate Moisture Content (AASHTO T255) 3 $49.00 $147.00 Percent Crushed Particles (AASHTO T335) 2 $189.00 $378.00 LA Rattler (AASHTO T96) 2 $327.00 $654.00
Flat and Elongated Particles (ASTM D47915) 2 $144.00 $288.00 Fine Aggregate Angularity (CTM 234) 2 $92.00 $184.00
Asphalt Binder Content (AASHTO T308, Method A) 3 $256.00 $768.00 Ignition Oven Correction Factor 1 $595.00 $595.00
HMA Moisture Content (AASHTO T329) 3 $75.00 $225.00
Gyraratory Compaction / Sample Preparation 1 $382.00 $382.00 Air Void Content (AASHTO T269) 1 $167.00 $167.00
Voids in Mineral Aggregate 2 $64.00 $128.00
Dust Proportion 2 $64.00 $128.00
Theoretical Maximum Density (CTM 309) 3 $286.00 $858.00 Hamburg Wheel Track (AASHTO T324 $3,005.00 if required
Moisture Susceptibility (AASHTO T283) $1,253.00 if required HMA Core Unit Weight/ Bulk Specific Gravity (CTM 308) 8 $167.00 $1,336.00 Concrete Testing
Concrete Compressive Strength Test (Set of 4) 15 $155.00 $2,325.00 Aggregate Gradation - Coarse and Fine (CTM 202) 15 $190.00 $2,850.00 Cleanness Value (CTM 227) 15 $206.00 $3,090.00
Sand Equivalent (CTM 217) 15 $144.00 $2,160.00
Source Inspection Testing
Couplers, Sealant, Steel, HS Bolts, Anchor Rods TBD TBD $5,000.00 LABORATORY TESTING ESTIMATE $40,210.00
TOTAL BUDGET ESTIMATE $107,911.00
1 per day
1 per day
1 per day
as required
1 per 4,000 tons
2 per project
2 per project
if required
1 set / day
1 per 250 Tons
if required
1 per 750 tons
1 per 750 tons
1 per 750 tons
2 per project
2 per project
2 per project
2 per project
1 per mix
1 per 750 tons
1 per day
1 per mix
DIRECT LABOR
DESCRIPTION OF ITEM FREQUENCY
1 per Trip
1 per 750 tons
1 per Day
1 per Month
DESCRIPTION OF ITEM FREQUENCY
as required
1 per 2000 CY
1 per 500 CY
1 per 500 CY
1 per project
3.9.c
Packet Pg. 138 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian Overcrossing) BSK Associates - September 1, 2021 to June 30, 2022 Schedule of Fees (North Determination) PROFESSIONAL STAFF TECHNICAL STAFF (North Prevailing Wage) Principal $ 260.00 Group 1 - Special Inspector $ 155.00 Senior Professional $ 230.00 Group 2 - Special Inspector $ 149.00 Project Professional II $ 215.00 Group 3 - Engineering Technician $ 135.00 Project Professional I $ 180.00 Group 4 - Technician $ 118.00 Staff Professional II $ 160.00 Ground Penetrating Radar Scanning Technician $ 300.00 Staff Professional I $ 145.00 Core Drilling Technician $ 220.00 Seismic GIS $ 200.00 Floor Flatness Testing Technician $ 200.00 GIS Specialist $ 145.00 Courier $ 108.00
Information Specialist II $ 160.00 Laboratory Technician $ 120.00 Information Specialist I $ 145.00 Administrative Assistant / Clerical $ 90.00 CAD $ 105.00 Litigation support 1.5x standard rate
Project Administrator $ 100.00
BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
REIMBURSABLES Field Work from 0 to 4 hours Bill 4 hours Mileage (Portal to Portal) $ 0.88 Field Work from 4 to 8 hours Bill 8 hours Per Diem (as required) $ 200.00 Field Work over 8 hours / Saturdays Bill time and a half Bridge Toll Cost + 15% Sundays, holidays and over 12 hours Bill double time Parking Fees Cost + 15% Second/Special/Multi-Shift
Subconsultant Services Cost + 15% Show-up time (no work performed) Bill 2 hours Project Administration Fees 7% of Invoice Sampling or cylinder pickup, minimum charge Bill 2 hours DIR Administration Fees 3% of Invoice
Project Setup (Project) $500.00 EQUIPMENT
Nuclear Gauge (Day) $ 64.00
ANALYSIS SOFTWARE USAGE FEES Ultrasonic Weld Equipment (Day) $ 64.00 gINT (Project) $ 59.00 Torque Wrench (Day) $ 64.00
LPile (Project) $ 59.00 Proof Load Equipment (Day) $ 64.00 APile (Project) $ 59.00 Rebar Locator / Pachometer $ 116.00 SHAFT (Project) $ 59.00 Hand Auger (Day) $ 232.00
GROUP (Project) $ 115.00 Water Meter (Day) $ 59.00
Cliq (Project) $ 59.00 Drilling Kit - Paint, stakes and lath - (Project) $ 30.00 LiquefyPro (Project) $ 59.00 Drilling Supplies - Reuse of tubes/caps (Project) $ 290.00 LiqIT (Project) $ 50.00 Manometer (Day) $ 224.00
NovoLIQ (Project) $ 59.00 Double Ring Infiltrometer (Day) $ 579.00 Slide (Project) $ 115.00
Settle3D (Project) $ 115.00 DIR/PREVAILING WAGE ADMINISTRATION FEES (MONTHLY) ArcGIS (Project) $ 59.00 Certified Payroll / DIR Upload $ 300.00 EZ-FRISK (Per Project Site / Site Class) $ 550.00 Non-Performance Certified Payroll / DIR Upload $ 100.00 Subcontractor Management / Compliance Forms $ 100.00
Additional LCP Tracker or Other Compliance Software $ 200.00 Additional Special Forms, as required $ 150.00
Moisture Density Curves California Bearing Ratio (CBR)
Standard Proctor, 4" (ASTM/AASHTO) $ 269.00 CBR at 100% (ASTM D1883 or AASHTO T-180) $ 585.00 Modified Proctor, 4" Mold (ASTM/AASHTO) $ 269.00 CBR at 95% (ASTM D1883 or AASHTO T-180) $ 1,133.00 Modified Proctor, 6" mold (ASTM D1557) $ 286.00
Caltrans Maximum Wet Density (CT 216) $ 245.00 Permeability Tests Check Point $ 155.00 Rigid Wall Permeability (ASTM D2434) $ 322.00 Flexible Wall Permeability (ASTM D5084) $ 502.00
Particle Size Analysis Remolded Flexwall Perm (ASTM D5084) $ 638.00 Sieve Analysis w/ Wash (ASTM D422) $ 195.00
Minus #200 Wash, Soil (ASTM D1140) $ 95.00 Soil Corrosivity Tests Hydrometer Analysis (ASTM D422) $ 256.00 Minimum Resistivity of Soils (CT 643) $ 161.00 Double Hydrometer (ASTM D4221) $ 357.00 pH $ 75.00
Specific Gravity of Soil (ASTM D854) $ 183.00 Soluble Sulfate, Chloride and Sulfide $ 149.00 Visual Classification (ASTM D2488) $ 49.00
Sand Equivalent (ASTM D2419) $ 144.00 Soil Cement Tests % Organics in Soil (ASTM D2974) $ 156.00 Freeze Thaw Abrasion (ASTM D560) $ 715.00 Wetting-Drying Abrasion (ASTM D559) $ 679.00
Atterberg Limits / Swell Tests Preparation of Freeze-Thaw or Wetting-Drying Tests $ 859.00 Plasticity Index (ASTM D4318) $ 250.00 Soil Cement Compression (ASTM D1633) $ 275.00 Shrinkage Limits of Soils (ASTM D427) $ 233.00
Other
Moisture Density Test Sand Density Calibration (ASTM D1566) $ 107.00 Tube Density $ 57.00
Moisture Content of Soils (ASTM D2216) $ 49.00 Unconfined Compression Unconfined Compression (ASTM D2166) $ 144.00
"R" Value Determination
R-Value of Soils (CT 301) $ 454.00 Shear Tests
R-Value of Treated Materials (CT 301)) $ 502.00 Direct Shear, Undisturbed (ASTM D3080) $ 250.00 Direct Shear, Remolded (ASTM D3080) $ 299.00
Consolidation Tests Triaxial Compression Testing QUOTE
Consolidation (ASTM D2435) $ 478.00
Consolidation , Extra Points (ASTM D2435) $ 64.00
Collapse Potential of Soils (ASTM D2435) $ 233.00
Remolded Consolidation (ASTM D2435) $ 405.00
One-Dimen Swell of Soil (ASTM D4546) $ 149.00
PERSONNEL RATES
SOILS
Base Rate x 12.5%
MATERIALS LABORATORY TESTS
3.9.c
Packet Pg. 139 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian Overcrossing) BSK Associates - September 1, 2021 to June 30, 2022 Schedule of Fees (North Determination) Sieve Analysis Coarse or Fine (ASTM C136) $ 95.00 Cement Content Concrete (ASTM C1084) $ 431.00 Sieve Analysis w/ Fineness Modulus $ 102.00 Chemical Test (ASTM C150) QUOTE Minus 200 Wash, Aggregates (ASTM C117) $ 95.00 Set Times Cement-Vicat Needle (ASTM C191) $ 357.00 Specific Gravity/Absorption (ASTM C127) $ 183.00 Specific Gravity of Hydraulic Cement (ASTM C191) $ 172.00 Specific Gravity/Absorption (ASTM C128) $ 183.00 Lineal Shrinkage Set of 3 (ASTM C157) $ 454.00 Organic Impurities (ASTM C40) $ 95.00 Compression Test of Concrete - 1 (ASTM C39) $ 39.00 % Lumps/Friable Particles (ASTM C142) $ 92.00 Compression Test of Concrete - 4 (ASTM C39) $ 155.00 % Flat and Elongated (ASTM D4791) $ 144.00 Compression Test of Core (ASTM C42) $ 69.00 Fine Aggregate Angularity (AASHTO 304) $ 92.00 Preparation of Specimens, Sawing $ 78.00 Moisture Content (ASTM D2216) $ 49.00 Compressive Strength of Shotcrete Panel $ 364.00 Aggregate Wt., pcf Compacted (ASTM C29) $ 101.00 Proportion of Cement in Concrete (ASTM C85) $ 399.00 Aggregate Wt., pcf Loose (ASTM C29) $ 75.00 Flexural Test Per Beam (ASTM C78) $ 102.00 Abrasion by LA Rattler, Small Size (ASTM C131) $ 269.00 Splitting Tensile Strength of Concrete (ASTM C496) $ 102.00 Abrasion by LA Rattler, Large Size (ASTM C131) $ 327.00 Unit Weight Lt Wt Concrete (ASTM C567) $ 64.00 Sodium Sulfate Soundness, Per Sieve (ASTM C88) $ 125.00 "AZ" Test-Reinforced Concrete Pipe "Life Factor" $ 89.00 Sodium Sulfate Soundness, Min. Charge (ASTM C88) $ 399.00 9 Pt Core Measurements, Each (ASTM C174) $ 39.00 Sand Equivalent (ASTM D2419 OR CT 217-I) $ 144.00 Concrete Trial Batches QUOTE Durability Index (CT 229) $ 286.00 Unit Weight & Abs Concrete (ASTM D642) $ 144.00 Potential Reactivity of Aggregates QUOTE Accelerated Curing of Concrete (ASTM C684) $ 286.00 Cleanness Value of Aggregate (CT 227) $ 206.00 Cylinder Molds (each) $ 8.00 Hydrometer (ASTM D422 OR CT 205-E) $ 256.00 Storage of Concrete Cylinders for more than 45 Days $ 66.00 % Crushed particles (CT 205) $ 189.00 RH Probe $ 66.00
Lightweight Pieces (ASTM 123) $ 250.00 Calcium Chloride Kit $ 44.00 Mixing Water (pH, elec. conductance, chloride, sulfate) $ 113.00 Contact Soil (pH, elec. conductance, chloride, sulfate) $ 136.00
HOT MIX ASPHALT
JMF Mix Design, HVEEM $ 3,542.00 MASONRY
JMF Mix Design, Marshall $ 4,197.00 Concrete Masonry Units Testing (ASTM C90) JMF Mix Design, Superpave / Caltrans $ 10,226.00 Compression Test Pavers, Single $ 88.00 JMF Verification - HMA - Superpave / Caltrans $ 5,926.00 Compression Test Composit CMU Prism $ 189.00 JMF Production Startup - Superpave / Caltrans $ 5,513.00 Specific Gravity and Unit Weight $ 131.00 RAP Material Testing - Additional Fee $ 717.00 Moisture Content $ 61.00 Rubberized RHMA Material - Additional Fee $ 1,654.00 Compression Test, Masonry Units (ASTM C140) $ 119.00 Hamburg Wheel Track (AASHTO T324) $ 3,005.00 Absorption / Moisture Content (ASTM C140) $ 119.00 Gyratory Compaction (AASHTO T312) $ 382.00 Linear Shrinkage (ASTM C426) $ 460.00 AC Content by Centrifuge (ASTM D2172) $ 328.00 Masonry Core Shear Test (Title 24) $ 214.00 AC Content-Ignition (ASTM D6307 / CT382 / AASHTO T308) $ 256.00 Masonry Core Compression/Shear Test (Title 24) $ 214.00 Superpave Ignition Oven Correction (AASHTO T308) $ 595.00 Compression Test Brick, Each (ASTM C67) $ 85.00 Moisture Content of Asphalt (CT 370) $ 75.00 Absorption/ Unit Wt. of Brick (ASTM C67) $ 89.00 Gradation/Extraction Aggregate (ASTM D5444) $ 155.00 Compression Test Grout (Set of 3 or 4) $ 137.00 Film Stripping $ 102.00 Compression Test Mortar (Set of 3 or 4) $ 125.00 Compaction/Preparation of HMA Briquette (CT 304) $ 250.00 Stabilometer Value (CT 366 / AASHTO T246) $ 201.00 WELDING AND STRUCTURAL STEEL AC Core Specific Gravity (ASTM D2726) $ 64.00 Welder Qualification Testing AC Core Specific Gravity - Paraffin Coated (AASHTO T275) $ 167.00 Welder / Procedure Welder Qualification Testing QUOTE AC Max Density Rice Method (ASTM D2041) $ 286.00 Face Bend of Steel $ 69.00 CIR/FDR Compressive Strength Testing (pre-compacted $ 275.00 Root Bend of Weld Coupon $ 69.00 specimen, includes conditioning) – CTM 371 Side Bend of Weld Coupon $ 69.00 Tensile Strength Ratio (AASHTO T283) $ 1,253.00 Tensile Test of Steel Coupon $ 95.00 Moisture Vapor Susceptibility (CT 307) $ 233.00 Bend Test of Steel Coupon $ 82.00 AC Surface Abrasion (CT 360) $ 572.00 Machining Charges (Per Coupon) QUOTE Index Retained Strength (ASTM D1074-D1075) $ 512.00 Brinell Hardness of Steel (ASTM E10) $ 113.00 AC Hveem Maximum Density (CT 375) $ 512.00 Rockwell Hardness of Steel (ASTM E18) $ 113.00 Marshall Stability and Flow (ASTM D6927) $ 286.00 Bolt Ultimate Load $ 151.00 Calculated AC Maximum Density (CT 367) $ 113.00 Bolt Hardness (set of 3) $ 113.00 Marshall Maximum Density, 50 Blows (ASTM D6926) $ 333.00 Nut Hardness (set of 3) $ 113.00 Examination of AC Cores $ 39.00 Washer Hardness (set of 3) $ 113.00 Thickness Determination of AC Cores $ 25.00 Proof Loading, bolt or nut $ 161.00 AC Tensile-Strength Premixed ASTM D4867 $ 740.00
AC Tensile-Strength Lab Mixed ASTM D4867 $ 1,253.00
REINFORCING STEEL FIREPROOFING
Tensile & Bend of Rebar, #3 - #8 $ 169.00 Cohesion/Adhesion Fireproofing Materials $ 144.00 Tensile & Bend of Rebar, #9 - #11 $ 169.00 Dry Density Fireproofing (ASTM E605) $ 108.00 Bend Test of Rebar $ 69.00
Slip and Tensile Rebar Couplers (CT 670) $ 246.00
Tension Test of Welded Wire Fabric QUOTE
Bend Test of Welded Wire Fabric QUOTE
Weld Shear Test, Welded Wire Fabric QUOTE
PT Cable Tensile and Elongation (ASTM A416 or A421) $ 310.00 PT Cable Preparation QUOTE
Escalation: The prices noted above are subject to an increase of 3-5% annual, effective January 1 of each year following the initiation of a services agreement.
AGGREGATES CONCRETE
MATERIALS LABORATORY TESTS
3.9.c
Packet Pg. 140 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian Overcrossing) Our Offices
Local Office Information
San Jose
2055 Gateway Place, Ste. 470
San Jose, CA 95110
Tel. (408) 435-5503
Fax (408) 435-5505
Richmond
125 Park Place, Ste. 122
Richmond, CA 94801
Tel. (510) 232-6260
Fax (510) 232-6290
Humboldt County
1225 Central Ave., Ste. 10
McKinleyville, CA 95519
Tel. (707) 273-1004
Fax (707) 273-1002
Oakland
1970 Broadway, Suite 1220
Oakland, CA 94612
Tel. (510) 451-4180
Fax (510) 451
Roseville
2990 Lava Ridge Ct., Suite 120
Roseville, CA 95661
Tel. (916) 757-6006
Fax (916) 789-0105
Additional California Offices
Commerce
5800 S. Eastern Ave, Ste. 370
Commerce, CA 90040
Tel. (323) 447-2177
Fax (323) 477-2555
Irvine
9241 Irvine Blvd., Suite 150
Irvine, CA 92518
Tel. (949) 305-2980
Fax (949) 305-2440
Folsom
110 Blue Ravine Rd., Suite 150
Folsom, CA 95630
3.9.c
Packet Pg. 141 Attachment: Ghirardelli Construction Management Cost Proposal (2624 : US 101 Pedestrian Overcrossing) AECOM
4 N. Second Street, Suite 675
San Jose, CA 95113
www.aecom.com
408 297 9585 tel
408 297 6962 fax
August 12, 2022
Humza Javed, PE
City Engineer
City of East Palo Alto
1960 Tate Street
East Palo Alto, CA 94303
Re: US101/University Avenue Interchange Improvement Project – Design Support During Construction Services
Dear Humza:
We are pleased to submit the proposal to provide design support during construction (DSDC) services for the US 101/University Avenue Interchange Improvement project. The scope of work and fee estimate are attached.
The estimated fee is $485,000.
If you have any questions, please contact me at 916.769.6334 or [email protected].
Sincerely,
AECOM
Howard Michael, PE
Principal-in-charge/Associate Vice President
Attachment: DSDC Scope of Work
DSDC Fee Estimate
3.9.d
Packet Pg. 142 Attachment: AECOM Design Support During Construction Cost Proposal (2624 : US 101 Pedestrian Overcrossing) X:\City of East Palo Alto\28645626 101-University\100_PM\Contract\DSDC Proposal\University IC DSDC Scope of Work_2022-08-10_Rev1.docx
City of East Palo Alto
Contract No. 04-272824
US 101/University Avenue Interchange Improvement
DSDC Scope of Work
Provide design services during construction (DSDC) for the US 101/ University Avenue Interchange Improvement project. Services shall be provided on an as needed basis for the duration of construction estimated to be between 11/1/2022 to 12/31/2024.
Construction contract administration will be undertaken by the City of East Palo Alto (City).
CONSULTANT shall provide DSDC services during the construction phase of the Project as described herein.
The following types of services are anticipated under this amendment:
A. Bidding Support
Bidding support consists of providing design support throughout the duration of biding period. Items expected to be performed as part of this task may include the following:
Attending pre-bid meeting (1 meeting)
Respond to bidders’ inquiries
Prepare Addenda
Bid Analysis and Recommendation
B. Design Support During Construction
1. Project Management
Project management and administration services for the duration of 14 months Attend pre-construction and other construction meetings (up to 10 meetings), as requested.
Conduct site visits (up to 5), as requested.
2. Respond to Contractor RFI’s.
Respond to Requests for Information from the contractor. Allowance provides for 60 RFIs at 6 hours effort each.
3. Respond to Questions from the RE
Provide technical support and design advice to construction management staff.
Assume 240 hours.
4. Review Contractor Submittals
Review shop drawings and other contractor technical submittals for conformance with the bid documents, and recommend for acceptance, denial or resubmittal.
Estimate provides for 20 submittals at 24 hours each.
5. POC Lighting Change Evaluation and Design
3.9.d
Packet Pg. 143 Attachment: AECOM Design Support During Construction Cost Proposal (2624 : US 101 Pedestrian Overcrossing) X:\City of East Palo Alto\28645626 101-University\100_PM\Contract\DSDC Proposal\University IC DSDC Scope of Work_2022-08-10_Rev1.docx
The City intends to revise the lighting on the POC to one similar to the Adobe Creek POC (RaiLite C1392 Series). CONSULTANT will evaluate and, if feasible, will incorporate POC lighting revision as contract change order package. The proposal assumes chain link railing design (single post) on the POC would not change and no bridge redesign is required.
6. Design Services for Contract Change Orders
Develop Contract Change Orders to facilitate the construction of the project as agreed by City Resident Engineer, Caltrans Design and City. Allowance of 280 hours is assumed.
7. Survey Support Services
Contractor will be providing primary construction survey services. Consultant will provide support services for quality control. Allowance is made for 5 8-hour- workdays for 1-man survey crew.
8. Hazardous Materials Testing Support
Consultant shall provide hazardous materials testing support services for soil sampling performed by the Contractor. Assume 56 hours.
9. Public Information Exhibits
Provide exhibits for public information as requested. Allowance for 10 exhibits is provided.
10. As Built Plans
Prepare as-built plans in conformance with Caltrans standards and procedures C. IKEA Right of Way Closeout Support
Prepare quitclaim deed for IKEA property quitclaiming their abutters rights to the City. Submit quitclaim deed to Caltrans for their review and acceptance quitclaim deed. A maximum of 2 submittals is assumed. The City will obtain signature from IKEA. The City will accept quitclaim deed and record document. Upon recordation, Prepare deed jacket preparation and recordation of the transfer document. Obtain a preliminary title report and establish escrow account for the transfer parcel which will now contain the quitclaimed abutters rights. Title Insurance should be in the amount of the value of acquisition cost. Prepare the transfer document, transferring the acquisition parcels from EPA to the State. Submit the transfer document to Caltrans for their review and acceptance. A maximum of 2 submittals is assumed. The City will sign transfer document and send to Caltrans
3.9.d
Packet Pg. 144 Attachment: AECOM Design Support During Construction Cost Proposal (2624 : US 101 Pedestrian Overcrossing) US 101/University Avenue Improvement Project
Design Support During Construction Fee Proposal
Tasks Subs TOTALS
PM
Senior
Bridge
Engineer
Staff
Engineer
Senior
Landscape
Architect CADD
Land
Surveyor
Senior
Geotechnical
Engineer
Environmental
Scientist
Project
Control Admin Y&C ODCs
Sub
Markup
Staff
HRS Cost
A. Bidding Support
1. Attend Pre-bid meeting 2 2 2 $200 $0 6 $1,463
2. Respond to Bidders' Inquiries (Assume 10 RFI's @6 hours/ea) 4 8 20 4 16 8 $500 $0 60 $10,672
3. Prepare Addenda (Assume 4 @16hrs/ea) 4 10 20 4 26 $1,000 $20 64 $11,492 4 Bid Analysis and Recommendation 8 $0 8 $2,550
Subtotal -Bidding Support 18 20 42 8 42 8 $1,500 $200 $20 138 $26,177 B. Design Support During Construction
1. Project Management
a. Project Management and Administration (Assume throughtout 14 months) 80 14 80 80 $826 $0 254 $53,436 b. Attend Meetings (Assume up to 10) 20 10 4 4 $0 38 $10,036 c. Site Visits (Assume up to 5) 10 10 8 4 4 $0 36 $7,739 Subtotal -Project Management 110 24 10 8 0 8 8 0 80 80 $0 $826 $0 328 $71,211
2. RFI's (Assume 60 RFI's @6 hours/ea) 20 160 120 40 20 $5,000 $0 360 $69,377
3. Respond to Questions from RE (240 hours) 40 80 40 40 40 $2,000 $40 240 $51,927 4 Review Contractor's Submittals (Assume 20 submittals @24 hours/ea) 240 80 80 80 $3,000 $60 480 $93,064
5. POC Lighting Change Evaluation and Design 8 80 80 $10,000 $200 168 $37,756
6. CCO (Assume 280 hours) 120 80 40 20 20 $5,000 $100 280 $53,724
7. Survey Support (Assume 40 hours) 40 $2,000 $0 40 $10,661
8. Hazardous Material Testing Support (Assume 56 hours) 56 $0 56 $7,417
9. Public Information Exhibits (Assume 10 Exbihits) 80 $500 $0 80 $13,003
10. As-built Plans 20 120 $1,000 $0 140 $23,687
C. IKEA ROW Closeout Support
IKEA ROW Closeout Support 8 100 2 4 $2,000 0 114 $26,996 Subtotal Hours 204 744 452 216 262 148 176 56 82 84 2,424 Cost $65,031 $146,308 $52,396 $45,830 $40,947 $32,047 $36,432 $7,417 $17,420 $7,728 $26,500 $6,526 $420 $485,000 TOTAL $485,000
ASSUMPTIONS:
See above.
8/10/2022 Page 1 of 1
3.9.d
Packet Pg. 145 Attachment: AECOM Design Support During Construction Cost Proposal (2624 : US 101 Pedestrian October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2
FUNDING AGREEMENT
SAN MATEO COUNTY TRANSPORTATION AUTHORITY
MEASURE A AND MEASURE W FUNDS
US 101/UNIVERSITY AVENUE INTERCHANGE IMPROVEMENTS AND
BICYCLE/PEDESTRIAN OVERCROSSING
This Funding Agreement (Agreement) is made this ___ day of February, 2023 (Execution Date) by and between the San Mateo County Transportation Authority (TA) and the City of East Palo Alto (Sponsor), each of which is referred to herein individually as "Party" and jointly as "Parties."
RECITALS
WHEREAS, on June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the TA of a half-cent transactions and use tax in San Mateo County for 20 years with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A); and
WHEREAS, on November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the Measure A half cent transaction and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan, beginning January 1, 2009 (New Measure A); and
WHEREAS, on November 6, 2018, the voters of San Mateo County authorized a new one-half percent sales tax in San Mateo County for transportation purposes, and tasked the TA with administering four of the five transportation program categories described in the Congestion Relief Plan presented to the voters (Measure W); and
WHEREAS, the Measure W Congestion Relief Plan designates twenty two and one-half percent of Measure W funds to fund highway projects throughout the County; and WHEREAS, Measure W Funds, unlike Original Measure A and New Measure A Funds, may be used for bicycle/pedestrian components of highway projects; and WHEREAS, on October 4, 2012, the TA’s Board of Directors programmed and allocated up to $5,000,000 from Measure A Highway Program Category including $4,892,500 for the Construction phase of the US 101/University Avenue Interchange Improvements through Resolution 2012-17 (Measure A Funds); and
WHEREAS, on August 6, 2021, the TA issued the most recent call for projects for the Highway Program; and
WHEREAS, in response to the call for projects, Sponsor requested that the TA provide an additional $4,183,665 in funds for project construction including a Bicycle/Pedestrian Overcrossing; and
3.9.e
Packet Pg. 146 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 WHEREAS, the US 101/University Avenue Interchange Improvements and Bicycle/Pedestrian Overcrossing (Project) meets the intent of the 2004 Transportation Expenditure Plan, 2018 Congestion Relief Plan and the TA’s Strategic Plan 2020-2024; and WHEREAS, on December 2, 2021, the TA’s Board of Directors increased the requested amount to meet deficiency in Project funding and programmed and allocated up to $5,700,000 from the Measure W Highway Program Category for the Construction Phase (Scope of Work) of the Project through Resolution 2021-33, and the Parties intend that the Measure W Funds be prioritized for the Bicycle/Pedestrian Overcrossing components of the Project; and WHEREAS, the Sponsor will contribute $4,073,200 in local, state, federal, or other grant matching funds for a total Project Scope of Work cost of $14,665,700. The $4,073,200 Sponsor contribution consists of $2,302,200 in discretionary funds, $1,000,000 Stanford Recreation Mitigation Grant funds, and $771,000 federal earmark funds; and WHEREAS, the TA and Sponsor desire to enter into this Agreement to establish the process, terms and conditions governing the allocation and expenditure of Measures A and W Funds on the Project.
Now therefore, the Parties agree as follows:
SECTION 1: Scope of Work Oversight and Reporting
1.1 Sponsor Oversight; Work Plan. Sponsor is responsible for the completion of the Scope of Work as described in Exhibit A, "Scope of Work Information," which is attached to this Agreement and incorporated herein by this reference. Sponsor is responsible for procuring and administering any professional service and/or other contracts entered into in connection with the Scope of Work. Sponsor will oversee completion of the Scope of Work. Sponsor may appoint a designee or engage contractor(s) to perform work necessary for Scope of Work completion, but Sponsor remains responsible to the TA for the completion of the Scope of Work.
1.2 Required Approvals. Prior to commencement of the Scope of Work, Sponsor or its designee (e.g., a consultant) will obtain all applicable local, state and federal approvals and permits for the Scope of Work. In addition, Sponsor must comply with all applicable federal, state and local laws and regulations applicable to the Project. All real property appraisals must comply with Uniform Standards of Professional Appraisal Practice (USPAP). Any right-of-way activities involving property on the Caltrans right-of-way must be conducted in accordance with the current version of the Caltrans Right-of-Way manual.
1.3 Contract Award and Change Orders. Sponsor must comply with state and local agency requirements for the award of any contract(s) for the performance of the Scope of Work and any change orders. As the Scope of Work proceeds, Sponsor must advise the TA of any contracts awarded and change orders as part of the regular progress reporting requirements (Section 1.4). Notice of any contracts and change orders provided to the TA will not constitute approval by the TA of the contracts and change orders nor obligate
3.9.e
Packet Pg. 147 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 the TA to provide funds in excess of its maximum contribution stated in Section 2.1 of this Agreement.
1.4 Progress Reports. Sponsor will prepare and submit to the TA monthly progress reports during the entire term of the Scope of Work and covering all Scope of Work activities for work completed during the previous month using the template in Exhibit B.
The reports must describe:
a) The current status of, and any changes in, scope, schedule, budget, and funding plans of the Scope of Work and the Project;
b) Any risk factors;
c) The work performed during the previous quarter and projected for the next three months;
d) Scope of Work Costs (as defined in Section 2.1, below) projected to be expended during the next three months; and
e) Any other information requested by the TA.
1.5 Final Report. Within ninety (90) days of Sponsor’s final acceptance of the Scope of Work and all incidental work, Sponsor must prepare and submit to the TA a final report detailing the following and all other relevant information:
a) A description of the Project, including a statement detailing the overall progress and success of the Scope of Work and the Project, a compilation of any data collected during the active phase(s) of the Project, and changes/additions to the scope of the Project.
b) Total costs for the Scope of Work, including an accounting of all Measures A/W Funds expended in connection with the Scope of Work, and reflecting any unexpended Measures A/W Funds.
c) An explanation and the status of any outstanding obligations or potential obligations related to the Scope of Work.
d) A discussion of any pertinent issues or problems that arose during the implementation of the Scope of Work.
e) Any copies of press articles, press releases, newsletter articles and any other publicity materials regarding the Project.
f) A Project Close-out form that no further reimbursements associated with the Scope of Work are anticipated and that all draw-down requests have been made. g) Photographs for all construction projects that satisfactorily demonstrate: 1) site conditions before the project was implemented; 2) work in progress; and 3) completed improvements.
3.9.e
Packet Pg. 148 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2
1.6 Access to Records and Record Retention. At all reasonable times, Sponsor will permit the TA access to all reports, designs, drawings, plans, specifications, schedules and other materials prepared, or in the process of being prepared, for the Scope of Work by Sponsor or any contractor or consultant of Sponsor. Sponsor will also make available to the TA upon request any professional service agreements, change orders and any other agreements that are related to the Scope of Work. Sponsor will provide copies of any documents described in this Section to the TA upon request. Sponsor will permanently retain all records pertaining to the Scope of Work including agreements, maps, plans, photos, survey reports and permits.
1.7 Audits.
a) The TA, or its authorized agents, may, at any reasonable time during business hours, conduct an audit of Sponsor’s performance under this Agreement. Sponsor will permit the TA, or its authorized agents, to examine, inspect, make excerpts from, transcribe or photocopy books, documents, papers and other records of Sponsor which the TA reasonably determines to be relevant to this Agreement. b) Sponsor will transmit to the TA the Independent Auditor’s Report prepared for Sponsor’s Comprehensive Annual Financial Report within thirty (30) days of receipt by Sponsor and highlight the section that pertains to the Measures A/W Funds.
SECTION 2: Funding and Payment
2.1 Funding Commitment. The TA allocates to Sponsor up to $4,892,500 in Measure A Funds and $5,700,000 in Measure W Funds for reimbursement of expenditures related to the Scope of Work (Scope of Work Costs) as provided in this Section 2. Sponsor will contribute, or provide for the contribution of $4,073,200 in matching funds on a 28% pro rata basis for each expenditure, as well as the entire amount in excess of $14,665,700.
The TA’s funding commitment under this Agreement in no way establishes a right for Sponsor to receive additional funding from the TA. All funding obligations of the TA under this Agreement are subject to downward adjustment based on actual sales tax receipts for the fiscal years indicated.
Sponsor will assess and confirm its ability to complete the Scope of Work within budget as part of the monthly reporting requirements established in Section 1.4, above. Sponsor must further notify the TA between reporting cycles if Sponsor determines that the budget will not be sufficient to complete the Scope of Work. The TA reserves the right to suspend its funding obligation as set forth in Section 3.4 of this Agreement upon such notice, and until Sponsor develops a credible funding plan acceptable to the TA to fund and complete the Scope of Work.
2.2 Use of Funds.
a) Measures A and W Funds shall be used only for direct eligible costs to complete the Scope of Work. The Sponsor is responsible for demonstrating to the TA that the expenses incurred were necessary to deliver the Scope of Work.
3.9.e
Packet Pg. 149 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 Reimbursement for the following costs will require detailed documentation in accordance with generally-accepted accounting principles:
i. Scope of Work phases or components such as stakeholder/public outreach; development of planning studies, project initiation documents (PID), project study reports (PSR), environmental clearance, project approval and environmental document (PA&ED), project design, and plans specifications and estimates (PS&E); regulatory agency review; acquisition of right-of-way; construction, and construction management; ii. Costs directly tied to the implementation of the Scope of Work as more specifically defined in Exhibit C, “Definitions of Eligible Costs for Reimbursement,” which is attached to this Agreement and incorporated herein by this reference;
i. Sponsor staff time for Scope of Work implementation; ii. Project administration costs for the Scope of Work under this Agreement. b) The following costs are not eligible for Original Measure A, New Measure A, and Measure W Highway Funds reimbursement:
i. Sponsor’s costs which are unrelated to the Scope of Work; ii. Costs for entering into this Agreement;
iii. Maintenance, rehabilitation, routine operations of the Project or other facilities or programs; and
iv. Development of proposals, applications or agreements for Measure A, Measure W, or other funding programs.
c) Eligible costs are defined in greater detail in Exhibit C, “Definitions of Eligible Costs for Reimbursement.” If Sponsor wishes to undertake items of work not covered under the Scope of Work concurrent with performing the Scope of Work, the cost for including and undertaking the additional work shall be segregated, and the costs borne exclusively by the Sponsor from a non-Measure A and Measure W Highway Program funding source(s). In the event that an activity is not listed in Exhibit C, but Sponsor believes that it is an eligible cost, Sponsor may request that the TA consider reimbursing the Sponsor for the activity. The TA will have sole discretion to grant or deny Sponsor's requests. d) Sponsor agrees that it shall use funds provided pursuant to this Agreement to supplement existing revenue. Sponsor will not use Measures A/W Funds to replace other local taxes or revenues already programmed and available for use for the same purpose. Sponsor will use funds provided pursuant to this Agreement only for the Scope of Work.
If the TA determines that Sponsor has used Measures A/W Funds other than for the approved Scope of Work, the TA will notify Sponsor of its determination. Within thirty (30) days of notification Sponsor will either (a) repay such funds to the TA, or (b) explain in writing how the funds in question
3.9.e
Packet Pg. 150 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 were spent for the approved Scope of Work. The TA will respond to Sponsor's written explanation within thirty (30) days of receipt. Unless otherwise stated in the response, the TA's response will be final, and Sponsor will repay any funds used other than for the approved Scope of Work within thirty (30) days. e) The Parties agree that Original Measure A and New Measure A Funds will not be used for the Bicycle/Pedestrian Overcrossing components of the Project.
2.3 Reimbursement Basis. Sponsor may seek pro rata reimbursement for Scope of Work Costs incurred on or after the Execution Date. Scope of Work Costs must be incurred and paid by Sponsor prior to requesting pro rata reimbursement from the TA. Sufficient documentation must accompany all requests for pro rata reimbursement, including the submittal of all due monthly progress reports.
2.4 Accounting and Request for Reimbursement Procedures. Sponsor, in coordination with and to the satisfaction of the TA, will establish procedures for Scope of Work accounting and requests for reimbursement. These procedures will track and reflect the accumulation of the TA’s pro rata share of Scope of Work Costs. Sponsor will detail the TA’s pro rata share of Scope of Work costs for all work funded under this Agreement with each “Reimbursement Claim Form,” which is attached to this Agreement as Exhibit D and incorporated herein. Sponsor will maintain all necessary books and records in accordance with generally accepted accounting principles.
2.5 Invoices; Payments.
a) Sponsor must prepare and submit billing statements consistent with the Reimbursement Claim Form with all required supporting documentation.
Sponsor must differentiate between Measure A and Measure W expenditures with bicycle and pedestrian components of the Project (the Bicycle/Pedestrian Overcrossing) to be funded by Measure W. Supporting documentation may include, but is not limited to, copies of vendor invoices, timesheets, backup documentation, checks, and payment advice, and must include an accounting of the TA’s share of costs for the Scope of Work as contemplated by this Agreement.
b) For any property acquisitions for which Sponsor seeks reimbursement from the TA, Sponsor must provide the following supporting documentation for each property:
i. Copies of the final real estate appraisal and any appraisal review conducted on behalf of Sponsor;
ii. For any right-of-way activities involving property on the Caltrans right-ofway, written confirmation that the acquisition process was conducted in accordance with the then-current version of the Caltrans Right-of-Way manual;
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Packet Pg. 151 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 iii. A Phase One Environmental Assessment and any recommended additional testing (unless waived by the TA);
iv. Copy of the offer package provided to the property owner(s); v. Copy of the Notice of Exemption or other required document for environmental clearance under CEQA/NEPA for the purchase of the property, and evidence of the date of filing such Notice; and vi. Written justification acceptable to the TA of any settlement at an amount higher than the offer.
c) For each voluntary real property transaction, Sponsor must also provide:
i. Copy of the fully executed purchase and sale agreement; ii. Copy of an executed and recorded deed, in a form consistent with the requirements set forth in the then-current Caltrans Right-of-Way manual; iii. Copy of the Policy of Title insurance; and
iv. Copy of the final closing statement from the escrow. d) For each real property acquisition undertaken through condemnation, Sponsor must also provide:
i. Copy of the recorded Final Order of Condemnation; and ii. Copy of the litigation guarantee issued by a title insurer. e) Sponsor must detail the tasks performed, associated costs, pro rata share of Scope of Work Costs to be borne by the TA with each reimbursement request, and whether each expenditure was used for Interchange Improvements or for the Bicycle/Pedestrian Overcrossing.
f) The TA will endeavor to disburse reimbursements for approved Scope of Work Costs within thirty (30) days after the TA's approval of each claim, subject to the limits on the TA's maximum contribution as established in Section 2.1. The TA's obligation to reimburse Scope of Work Costs to Sponsor as provided in this section is conditioned upon the TA’s prompt receipt of monthly progress reports from Sponsor pursuant to Section 1.4 above.
g) Invoices may be submitted, no more frequently than once a month, by mail to:
Accounts Payable
San Mateo County Transportation Authority
1250 San Carlos Avenue
San Carlos, CA 94070
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Packet Pg. 152 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 Or by e-mail to: [email protected] and the designated TA Project Manager at [email protected]
SECTION 3: Term
3.1 Term. The term of this Agreement will commence on Execution Date and conclude upon the earliest of: (a) the TA’s final reimbursement to Sponsor for work performed hereunder, (b) termination by Sponsor or the TA pursuant to this Section 3, or (c) December 31, 2025.
3.2 Sponsor's Right to Terminate; Repayment upon Termination. Sponsor may at any time terminate the Scope of Work by giving ten (10) days’ written notice to the TA of its election to do so. Upon such termination, Sponsor will not be reimbursed for any further Scope of Work Costs and will reimburse the TA for all monies paid by the TA and costs incurred by the TA in connection with the Scope of Work as well as all reasonable costs and expenses incurred to effect such termination within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs.
3.3 Termination by the TA. The TA may terminate this Agreement, with or without cause, by giving ten (10) days’ written notice of such termination. If the TA terminates the Agreement for Sponsor’s default, Sponsor will reimburse the TA for all funds paid to Sponsor in connection with the Scope of Work, and for all costs incurred by the TA in connection with the Scope of Work as well as all reasonable costs and expenses incurred to effect such termination, within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs. If the TA terminates the Agreement for convenience, the TA is obligated to pay to Sponsor all costs and expenses incurred by Sponsor up to the date of notice of termination, as well as all reasonable costs and expenses incurred to effect such termination.
3.4 Expiration/Suspension of TA's Financial Obligations. Any and all financial obligations of the TA pursuant to this Agreement expire upon the expenditure of TA’s maximum contribution to the Scope of Work as established in Section 2.1 above or the conclusion of the Term as defined in Section 3.1, whichever occurs first. The TA reserves the right to suspend its financial obligation, with ten (10) days’ advance notice, if Sponsor identifies a risk of not being able to complete the Scope of Work within budget.
If Sponsor cannot provide a credible funding plan acceptable to the TA to fund and complete Scope of Work, the Sponsor will be in default and the TA may terminate this agreement. If Sponsor identifies a risk of not being able to complete the Scope of Work within budget, failure to report such risk to the TA constitutes default and is cause for termination under Section 3.3.
3.5 Time of Performance. The Scope of Work must be completed no later than June 30, 2025.
3.6 Time Extension. If the Scope of Work cannot be completed within the Time of Performance as defined in Section 3.5, Sponsor must submit a request in writing to the TA no later than six (6) months before the Time of Performance for an extension for the
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Packet Pg. 153 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 Time of Performance. The TA will review the request, and grant the extension if it is justified in TA’s sole and complete discretion. Costs incurred for the Scope of Work after the Time of Performance are at risk of denial for reimbursement by the TA. The unreimbursed portion of the Original Measure A, New Measure A, and Measure W allocation will be retained by the TA for the Original Measure A, New Measure A, and Measure W Highway Program.
SECTION 4: Indemnification and Insurance
4.1 Indemnity by Sponsor.
Sponsor shall indemnify, keep and save harmless the TA and its directors, officers, agents and employees against any and all suits, claims or actions related to the performance of the Scope of Work or the Project including, but not limited to, those arising out of any of the following:
a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project or implementation of this Agreement; or
b) Any allegation that materials or services developed, provided or used for the Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.
Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred. If any judgment is rendered, or settlement reached, against the TA or any of the individuals enumerated above in any such action, Sponsor shall, at its expense, satisfy and discharge the same.
This indemnification shall survive termination or expiration of the Agreement.
4.2 Insurance. For the purposes of this Insurance section, "Entity" is defined as any entity designing, approving designs and/or performing the Scope of Work funded by this Agreement. Entities may include Sponsor, a contractor of Sponsor, another body on behalf of which Sponsor submitted its funding application, and/or a contractor of such other body.
All Entities will provide the appropriate insurance covering the work being performed.
The insurance requirements specified in this section will cover each Entity’s own liability and any liability arising out of work or services of Entity subcontractors, subconsultants, suppliers, temporary workers, independent contractors, leased employees, or any other persons, firms or corporations (hereinafter collectively referred to as “Agents”) working on the Project. If Sponsor itself is an Entity, Sponsor must also provide its own insurance meeting the requirements of this Section.
a) Minimum Types and Scope of Insurance. Each Entity is required to procure and maintain at its sole cost and expense insurance subject to the requirements set
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Packet Pg. 154 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 forth below. Such insurance will remain in full force and effect throughout performance of the Scope of Work. All policies will be issued by insurers acceptable to the TA (generally with a Best’s Rating of A-10 or better). Each Entity is also required to assess the risks associated with work to be performed by Agents and to require that Agents maintain adequate insurance coverages with appropriate limits and endorsements to cover such risks. To the extent that its Agent does not procure and maintain such insurance coverage, an Entity is responsible for and assumes any and all costs and expenses that may be incurred in securing said coverage or in fulfilling Entity’s indemnity obligations as to itself or any of its Agents in the absence of coverage. Entities may self-insure against the risks associated with the Scope of Work, but in such case, waive subrogation in favor of the TA respecting any and all claims that may arise. i. Workers’ Compensation and Employer’s Liability Insurance. Worker's Compensation coverage must meet statutory limits and Employer’s Liability Insurance must have minimum limits of $1 (one) million.
Insurance must include a Waiver of Subrogation in favor of the TA. ii. Commercial General Liability Insurance. The limit for Commercial General Liability Insurance in each contract and subcontract cannot be less than $5 (five) million. Commercial General Liability Insurance must be primary to any other insurance, name the TA as an Additional Insured, include a Separation of Interests endorsement and include a Waiver of Subrogation in favor of the TA.
iii. Business Automobile Liability Insurance. The limit for Business Automobile Liability Insurance in each contract and subcontract cannot be less than $5 (five) million. Insurance must cover all owned, non-owned and hired autos, and include a Waiver of Subrogation in favor of the TA. iv. Property Insurance. Property Insurance must cover an Entity’s and/or Agent’s own equipment as well as any materials to be installed. Property Insurance must include a Waiver of Subrogation in favor of the TA. v. Professional Liability Insurance. If deemed appropriate by Sponsor or an Entity in consideration of the work required for the Project, insurance should cover each Entity's and any Agent’s professional work on the Project. The limit for Professional Liability Insurance in each appropriate contract and subcontract should not be less than $1 (one) million. vi. Contractors’ Pollution Liability Insurance and/or Environmental Liability Insurance. If deemed appropriate by Sponsor or an Entity in consideration of the work required for the Project, insurance should cover potential pollution or environmental contamination or accidents. The limit for Pollution and/or Environmental Liability Insurance in each appropriate contract and subcontract should not be less than $1 (one) million. Such insurance must name the TA as an Additional Insured and include a
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Packet Pg. 155 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 Waiver of Subrogation in favor of the TA.
vii. Railroad Protective Liability Insurance. Insurance is required if the Project will include any construction or demolition work within 50 feet of railroad tracks. The limit for Railroad Protective Liability Insurance in each appropriate contract and subcontract cannot be less than $2 (two) million per occurrence and $6 (six) million annual aggregate.
b) Excess or Umbrella Coverage. Sponsor and/or any other Entity may opt to procure excess or umbrella coverage to meet the above requirements, but in such case, these policies must also satisfy all specified endorsements and stipulations for the underlying coverages and include provisions that the policy holder's insurance is to be primary without any right of contribution from the TA. c) Deductibles and Retentions. Sponsor must ensure that deductibles or retentions on any of the above insurance policies are paid without right of contribution from the TA. Deductible and retention provisions cannot contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the named insured is unacceptable.
In the event that any policy contains a deductible or self-insured retention, and in the event that the TA seeks coverage under such policy as an additional insured, Sponsor will ensure that the policy holder satisfies such deductible to the extent of loss covered by such policy for a lawsuit arising from or connected with any alleged act or omission of the Entity or Agents, even if neither the Entity nor Agents are named defendants in the lawsuit.
d) Claims Made Coverage. If any insurance specified above is provided on a claimmade basis, then in addition to coverage requirements above, such policy must provide that:
i. Policy retroactive date coincides with or precedes the Entity's start of work (including subsequent policies purchased as renewals or replacements).
ii. Entity will make every effort to maintain similar insurance for at least three (3) years following Project completion, including the requirement of adding all additional insureds.
iii. If insurance is terminated for any reason, each Entity agrees to purchase an extended reporting provision of at least three (3) years to report claims arising from work performed in connection with this Agreement. iv. Policy allows for reporting of circumstances or incidents that might give rise to future claims.
e) Failure to Procure Adequate Insurance. Failure by any Entity to procure sufficient insurance to financially support Section 4.1, Indemnity by Sponsor, of this Agreement does not excuse Sponsor from meeting all obligations of Section
4.1 and the remainder of this Agreement, generally.
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Packet Pg. 156 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 Prior to beginning work under this Agreement, Sponsor must obtain, and produce upon request of the TA, satisfactory evidence of compliance with the insurance requirements of this section.
SECTION 5: Miscellaneous
5.1 Notices. All notices required or permitted to be given under this Agreement, excluding progress reports, the final report, and invoices, must be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery or overnight courier, to the appropriate address indicated below or at such other place(s) that either Party may designate in written notice to the other. Notices are deemed received upon delivery if personally served, one (1) day after mailing if delivered via overnight courier, or two (2) days after mailing if mailed as provided above.
To TA: San Mateo County Transportation Authority
1250 San Carlos Avenue
P.O. Box 3006
San Carlos, CA 94070-1306
Attn: Dora Seamans
District/TA Secretary
To Sponsor: City of East Palo Alto
1960 Tate Street
East Palo Alto, CA 94303
Attn: Humza Javed, Public Works Director
5.2 No Waiver. No waiver of any default or breach of any covenant of this Agreement by either Party will be implied from any omission by either Party to take action on account of such default if such default persists or is repeated. Express waivers are limited in scope and duration to their express provisions. Consent to one action does not imply consent to any future action.
5.3 Assignment. Parties are prohibited from assigning, transferring or otherwise substituting their interests or obligations under this Agreement without the written consent of all other Parties.
5.4 Governing Law. This Agreement is governed by the laws of the State of California as applied to contracts that are made and performed entirely in California.
5.5 Compliance with Laws. In performance of this Agreement, the Parties must comply with all applicable Federal, State and local laws, regulations and ordinances.
5.6 Modifications. This Agreement may only be modified in a writing executed by both Parties.
5.7 Attorneys' Fees. In the event legal proceedings are instituted to enforce any provision of this Agreement, the prevailing Party in said proceedings is entitled to its costs, including reasonable attorneys' fees.
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Packet Pg. 157 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2
5.8 Relationship of the Parties. It is understood that this is an Agreement by and between Independent Contractors and does not create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship other than that of Independent Contractor.
5.9 Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, studies, memoranda, and other documents assembled for or prepared by or for, in the process of being assembled or prepared by or for, or furnished to Sponsor under this Agreement, are the joint property of the TA and Sponsor, and will not be destroyed without the prior written consent of the TA. The TA is entitled to copies and access to these materials during the progress of the Project and upon completion or termination of the Project or this Agreement. Sponsor may retain a copy of all material produced under this Agreement for its use in its general activities. This Section does not preclude additional shared ownership of work with other entities under contract with Sponsor for funding of the Project.
5.10 Non-discrimination. Sponsor and any contractors performing services on behalf of Sponsor will not discriminate or permit discrimination against any person or group of persons on the basis of race, color, religion, national origin or ancestry, age, sex, sexual orientation, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status, or in any manner prohibited by federal, state or local laws.
5.11 Warranty of Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon is authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.
5.12 Severability. If any portion of this Agreement, or the application thereof, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining portions of this Agreement, or the application thereof, will remain in full force and effect.
5.13 Counterparts. This Agreement may be executed in counterparts.
5.14 Attribution to the TA. Sponsor must include attribution that indicates work was funded with Measures A/W Funds from the TA. This provision applies to any project, or publication, that was funded in part or in whole by Measures A/W Funds. Acceptable forms of attribution include TA branding on Project-related documents, construction signs, public information materials, and any other applicable documents.
5.15 Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to its subject matter and supersedes any prior or contemporaneous written or oral agreement between the Parties on the same subject.
5.16 Digital and Electronic Signatures. Using a TA-approved method, this Agreement may be executed by the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of a digital or electronic signature on this
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Packet Pg. 158 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 Agreement will have the same force and effect as the use of a manual signature and constitutes a valid, binding commitment upon the Parties.
IN WITNESS WHEREOF, the Parties have hereunder subscribed their names the day and year indicated below.
CITY OF EAST PALO ALTO
By:
Name: Melvin Gaines
Its: City Manager
Approved as to Form:
Legal Counsel for the City of East Palo Alto
SAN MATEO COUNTY TRANSPORTATION
AUTHORITY
By:
Name: April Chan
Its: General Manager/CEO
Approved as to Form:
Legal Counsel for the TA
Exhibit A: Scope of Work Information
Exhibit B: Progress Reporting Template
Exhibit C: Permissible Costs for Reimbursement
Exhibit D: Reimbursement Claim Form
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Packet Pg. 159 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 EXHIBIT A: SCOPE OF WORK INFORMATION
US 101/University Avenue Interchange Improvements and Bicycle/Pedestrian Overcrossing Project - Construction Phase
Sponsoring Agency: City of East Palo Alto
Contact: Humza Javed, Public Works Director, (650) 853-3130, [email protected], 1960 Tate Street, East Palo Alto, CA 94303 Implementing Agency: City of East Palo Alto
Contact: Humza Javed, Public Works Director, (650) 853-3130, [email protected], 1960 Tate Street, East Palo Alto, CA 94303 Overall Project Description:
The project will construct a dedicated Class I bicycle and pedestrian facility that includes a new bicycle/pedestrian overcrossing of US 101 along the north side of the existing US 101/University Avenue vehicular overpass. The bicycle/pedestrian overcrossing will be a 4-foot span structure approximately 560 feet long. On the east side of the freeway, a 12-foot Class I facility will be constructed from the south side of the northbound US 101/University Avenue loop off-ramp to the new structure. The facility will be constructed over a new embankment with side slopes of 4 to 1 or flatter. On the west side of the interchange, a 12-foot-wide Class I facility will be constructed from the structure to the northeast corner of the intersection of University Avenue and Woodland Avenue. The existing sidewalk will be converted to a landscaped buffer between the Class I facility and University Avenue. In order to minimize right-of-way impacts, the Project proposes to narrow the southbound University Avenue left and right turn lanes at Woodland Avenue from 12 feet to 11 feet wide and reduce the minimum median width from 6 feet to 4 feet.
The Project will also widen the existing southbound US 101 to University Avenue loop off-ramp from three lanes to four lanes to include two left-turn and two right-turn lanes. The northbound US 101 to southbound University Avenue loop off-ramp will be realigned to square-up with University Avenue with a tighter-radius-curve for pedestrian and bicyclist safety enhancement.
A Project Study Report (PSR) was approved for the US 101/University Avenue Interchange Improvements in December 1990. Due to the economy, the Project did not progress until 1998 when it was reactivated as part of a Master Redevelopment Project. Since then, the Project scope was expanded to include the bicycle and pedestrian facilities and has been through several review processes and approvals by Caltrans. The Project was environmentally cleared in November 2017.
The Project approval was obtained from Caltrans in January 2020. The Project recently completed the Final Project Specifications & Estimate (PS&E) and Right-of-Way approval.
Measure A and Measure W Funded Scope of Work:
The US 101/University Avenue Interchange Improvements and Bicycle/Pedestrian Overcrossing
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Packet Pg. 160 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 Project proposes to improve the connectivity for pedestrians and bicyclists as well as relieve traffic congestion for the motorists at the US 101/University Avenue interchange. Improvements include the following:
- Improvement at the intersection of University Avenue/US 101 southbound off-ramp which includes widening of the off-ramp to accommodate dual left-turn lanes and dual right-turn lanes. This change is expected to result in improving traffic operations in the study area and reducing the queue lengths on the US 101 southbound off-ramp during both the AM and PM peak periods under existing and future traffic conditions; - Reconstruct a portion of University Avenue between US 101 and Woodland Avenue; - Reconstruct the northbound US 101 off-ramp to University Avenue. The improvements expected to reduce queuing on the US 101 northbound loop off-ramp, and enhance bicycle and pedestrian safety through the installation of Rectangular Rapid Flashing Beacons (RRFB) and improved crossing;
- Modifying existing traffic signals and enhancing efficiency at the interchange will potentially reduce vehicle idling and reduce Greenhouse Gas Emissions (GHG) emissions; - Construct a bicycle/pedestrian overcrossing of US 101 to the north of the existing US 101/University Avenue vehicular overpass. The separated bicycle/pedestrian facility will eliminate bicycle and auto weaving and reduce conflict with pedestrians; - Construct a Class I bikeway connecting the bicycle/pedestrian overcrossing to Woodland Avenue to the west, and Donohoe Street to the east and improve the University Avenue intersections at Woodland Avenue and Donohoe Street. The dedicated bicycle and pedestrian facilities are expected to enhance the sense of safety and increase walking and cycling which in turn will reduce Vehicle Miles Traveled (VMT) and GHG emissions; - Install new streetlights to accommodate the improved and new multi-modal facilities; and, - The Project’s landscaping element will establish drought tolerant and disease-resistant trees, shrubs and ground cover. Automated irrigation will be provided to supply water to new planting and maintain water to existing landscape. Smart controllers and low water use irrigation will be used to conserve water.
Scope of Work Schedule:
Begin End
Construction 03/2023 06/2025
Scope of Work Budget/ Source of Funding:
Funding plan for the Scope of Work including use of TA staff and/or consultant support is provided in the table below.
PHASE
MEASURE A
FUNDING
MEASURE W
FUNDING
OTHER SOURCES*
LIST FUND SOURCE AMOUNT TOTAL
Construction $2,666,800 $5,700,000
Federal: SB-1 Local
Partnership Program (LPP) $2,302,200
City: HPP $771,000 $12,440,000
Stanford Recreation
Mitigation Grant $1,000,000
Construction
Support $2,225,700 $0 None $0 $2,225,700
Total: $4,892,500 $5,700,000 $4,073,200 $14,665,700
* The other fund sources are provided for information purposes.
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Packet Pg. 161 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 Cash Flow Projection for Measures A and W Funds
The cash flow projection is provided for informational purposes only.
Operating Responsibility: Caltrans
Maintenance Responsibility: Caltrans
Scope of Work Implementation Responsibility: City of East Palo Alto Scope of Work Oversight Responsibility: City of East Palo Alto
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Packet Pg. 162 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 EXHIBIT B: PROGRESS REPORTING TEMPLATE
REPORTING PERIOD: FROM mm/dd/yyyy TO mm/dd/yyyy
SMCTA Project # 00XXX – [Project Title/Phases]
[Carryover to additional pages as necessary]
Contact: [Name, Title, Phone, email, address]
1) Scope:
[Describe Scope of Work here, specify Project limits, phases of Project. Identify the Measure A and/or Measure W funded components separately]
Status Summary: [Provide Status]
Issues: [List any issues, i.e. potential scope changes] ________________________________________________________________________________________________________ 2) Schedule: Original Baseline Current Baseline Current Forecast Major Milestones: Start Finish Start Finish Start Finish [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY Progress This Reporting Period:
[Describe progress and activities]
Identify Separately Measure A and/or Measure W Funds Expended This Reporting Period: $ Future Activities, Next Reporting Period:
[Describe planned future activities]
Projected [Original Measure A and/or New Measure A and/or Measure W] Funds Expenditure Next Reporting Period: $ Issues: [List any issues, such as impacts to schedule]
________________________________________________________________________________________________________
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Packet Pg. 163 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 3) Scope of Work Total Budget:
4) Identify Scope of Work Under Measure A and/or Measure W Budget:
Phase/Activity
A B C D E F
Original
allocation
(per Funding
Agreement)
Current
allocation
(Per
Amendments)
Change in
allocation from
Approved/Funding
Agmt (B-A)
Total
Measure
[A/W]
Expended to
date
% of current
allocation
expended
(D/B)
% of Work
Completed
#DIV/0!
#DIV/0!
#DIV/0!
Total Scope of Work $0 $0 $0 $0 #DIV/0!
Issues: [List any issues, i.e. potential cost increases] _________________________________________________________________________________________________________ 5) Funding: [List additional sources as needed, Fill out the following matrix for each phase for the Scope of Work. i.e. environmental, design, etc.]
Issues: [List any issues such as changes in non-Measure [A/W] funding] Submit Progress Reports To: [email protected] or
SMCTA
Planning & Development
1250 San Carlos Avenue
San Carlos, CA 94070
A B C D E F
Phase/Activity
Original Budget
(per Funding
Agreement)
Updated Cost
Estimate
Total Change
from Approved
(B-A)
Total Expended
to Date
% of Revised
Budget
Expended
(D/B)
% of Work
Completed
- 0.00% 0.00%
- 0.00% 0.00%
- 0.00% 0.00%
Total Project - - - #DIV/0! -
Original Original % Current Current %
Estimated at
Completion EAC %
SMCTA #DIV/0! #DIV/0! #DIV/0!
Others:
Federal (specify) #DIV/0! #DIV/0! #DIV/0!
State (specify) #DIV/0!
Other (specify)
Total #DIV/0! - #DIV/0! - #DIV/0! -
Contribution Contribution Contribution
3.9.e
Packet Pg. 164 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 EXHIBIT C: DEFINITIONS OF ELIGIBLE COSTS FOR REIMBURSEMENT Project Initiation Documents (PID) - activities necessary to complete PIDs covered under the Scope of Work.
Environmental Studies – environmental studies costs, including determination of the appropriate environmental document, preparation of all preliminary engineering for each alternative, including geomantic layouts, determination of right-of-way needs, environmental technical studies (such as air, noise, energy, cultural resources and hazardous waste), and all other studies or activities necessary to prepare and finalize the appropriate documents for Project and environmental approval. An Environmental Impact Report (EIR) is required under the California Environmental Quality Act (CEQA), while the Environmental Assessment (EA) meets requirements of the National Environmental Policy Act (NEPA).
Design – design activities such as preparation of design studies; materials and foundation reports; drainage, hydrology and hydraulic reports; surveying and mapping; preparation of the plans, specifications and estimate; preparation of bid documents and Project files; preparation of permit applications and maintenance agreements; coordination of agency reviews and any other activities necessary to prepare final plans specifications and estimate (PS&E) for bid advertisement and award; and management oversight of these tasks except as limited in Section
2.2 (b) of the Agreement.
Right-of-Way Acquisition – all activities related to right-of-way including determination of right-of-way needs; title searches; preparation of appraisal maps, legal descriptions and plat maps; parcel appraisals and appraisal reviews; hazardous materials testing and analysis; preparation of right-of-way acquisition documents; activities involved with acquiring rights-ofway including negotiation with property owners and cost associated with condemnation proceedings (including legal costs, expert witness costs, etc., but not including costs related to claims for inverse condemnation), right-of-way capital costs and cost-to-cure impacts related to the acquisition. To the extent allowed by law, Sponsor shall undertake all best efforts so that cleanup of existing hazardous materials shall remain the liability of the property owner.
Services provided for right-of-way activities involved with property not necessary for the Measure A or Measure W Highway Program-funded Project as defined in the Scope of Work, and the associated costs for all such property, shall be at the sole expense of the Sponsor.
Any property not used for construction of the Project, or used for any purpose other than construction of the Project as defined in the Scope of Work, should be identified and the funding agencies should be informed. Any excess right-of-way shall be identified as early as possible in the Project design process and sold. The proceeds from the sale of such property shall be returned to the funding agencies, prorated based on the percentage of funds each agency contributed to the purchase of the property.
Construction – construction expenditures for the Project (construction capital, management and inspection, surveys, public outreach, and related activities) that are part of the Scope of Work agreed to by the TA. Sponsor must submit all change orders over $50,000 to the TA for review
3.9.e
Packet Pg. 165 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 and written approval before the TA will reimburse the Sponsor with Measure A Funds or Measure W Funds.
In addition, Measures A and W Funds are eligible for reimbursement of Sponsor’s Project management oversight expenses associated with the construction of the Project. This would include activities such as construction management inspection, expenses associated with reviewing proposed change orders, and activities involved with submitting final costs to the appropriate agencies to secure other leveraged funds. Expenditure of Measure A and Measure W Funds remains subject to the limits set forth in Section 2.2 (b) of the Agreement.
The Sponsor may include additional work beyond the Scope of Work for the Project at its own expense. The TA will require these costs to be segregated from the other item work expenses and paid for with non-Measure A or Measure W Highway Program funds.
Miscellaneous – fees from other agencies, including permit fees or reimbursement for review or oversight costs needed for the Project are eligible costs. However, the cost of permits or fees from the Project Sponsor will not be eligible. Utility relocation costs are eligible for reimbursement according to previous agreements establishing rights for those utilities. The costs for specialized equipment for testing, analysis or production of documents for Project-related work are also eligible.
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Packet Pg. 166 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing) October 2022 HIGHWAY PROGRAM 2021 CALL FOR PROJECTS
San Mateo County Transportation Authority/City of East Palo Alto 19181626.2 EXHIBIT D: REIMBURSEMENT CLAIM FORM
SMCTA Project ID:
SMCTA Project Allocation:
Claim Date:
Claim Number:
Claim Period:
Claim Amount:
Measure A Measure W
Consultant/Contractor/ Invoice % of % of % of Prior Total Life to Date Budget Prior Total Life to Date Budget Vendor Invoice # Total Fund Source1 Ttl Fund Source2 Ttl Measure A/W Ttl Measure A $ Measure A $ Balance Measure W $ Measure W $ Balance #### #### ####
#### #### ####
#### #### ####
#### #### ####
Total - - #### - #### - #### $ - - - $ - - -
Quarterly Progress Report included? Y/N
Please issue check payable to: Agency
Contact person
Address
$0.00
Funding Source
REIMBURSEMENT CLAIM
San Mateo County Measures A & W Funds
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Packet Pg. 167 Attachment: Funding Agreement for the US 101 University Ave Project (2624 : US 101 Pedestrian Overcrossing)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Proclamation Celebrating the Holy Month of Ramadan Recommendation
Present the proclamation.
Attachments
1. Ramadan Proclamation
3.10 Packet Pg. 168
PROCLAMATION OF THE CITY OF EAST PALO ALTO
CELEBRATING THE HOLY MONTH OF RAMADAN
WHEREAS, the City of East Palo Alto boasts a small but growing Muslim community representing a wide array of backgrounds, from African Americans, to Arabs, and other nationalities, as well as those who grew up Muslim, as well as converts; and
WHEREAS, the Bay Area has one of the highest concentrations of Muslims in the nation with approximately 250,000 residents from ethnically diverse backgrounds; and WHEREAS, Muslims represent small business owners, city staff and officials, civic leaders, and residents that have enriched East Palo Alto’s historically multiethnic and culturally rich communities; and WHEREAS, Ramadan, represents one of the five pillars of Islam, and is, above all, a time of introspection and spiritual reinvigoration for the entire umma, that is the global Arabic community; and WHEREAS, civic responsibility and social justice is at the heart of Islamic teachings, as evidenced by the words of the Prophet Muhammad (peace be upon him), “Allah will aid a servant (of His) so long as the servant aids his brother,” one whose spirit of mutual aid and care for one another mirrors our own city’s ethos; and
WHEREAS, during the month of Ramadan, Muslims are obliged to partake in acts of alms-giving (or zika in the Arabic), thus underscoring the religion’s alignment with the values of our beloved city, and WHEREAS, the observance of the Muslim holy month of Ramadan commences at dusk on Friday April 1, 2021, and continues for one lunar month, from sunrise to sunset each day.
NOW, THEREFORE, the City Council of the City of East Palo Alto, celebrates Ramadan and expresses its deepest appreciation to the Muslims of East Palo Alto and throughout the Bay Area and world on this occasion; and we affirm our commitment to ensuring that our City values remain welcoming and compassionate to all peoples and that we pursue policies that respect the dignity and rights of all working people, regardless of race, religion, immigration status, or country of origin, and the City Council urges the people of East Palo Alto to join in celebrating the holy month of Ramadan and taking this month to honor the Muslim community and reflect on the health and wellbeing of family, friends, and fellow citizens.
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Packet Pg. 169 Attachment: Ramadan Proclamation (2617 : Proclamation Celebrating the Holy Month of Ramadan)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: John D. Le, City Attorney
BY: John D. Le, City Attorney
SUBJECT: Local Gun Control Ordinance
Recommendation
Waive a second reading and adopt an ordinance amending various Articles of Chapter 9.24 (Dangerous Weapons) and adding a new Article V (Firearms Storage) of the East Palo Alto Municipal Code (EPAMC) requiring gun owners within the City’s jurisdictional limits to provide safe firearm storage.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 6: Create a Healthy and Safe Community
Background
On March 21, 2023, the City Council waived the first reading and introduced a “Safe Storage Ordinance,” after making minor modifications on the dais. This agenda report recommends that the Council waive the second reading and adopt a safe storage ordinance with amendments the Council approved prior to first reading.
Analysis
Prior to first reading, the Council directed staff to amend the ordinance to remove any criminal penalties for noncompliance. With this amendment, the only penalty for noncompliance would be an administrative fine.
Additionally, a member of the public, representing Moms Demand Action, commented that having a safe storage ordinance does not negate the ability of the gun owner to use the firearm
3.11 Packet Pg. 170
for self-defense:1
“Contrary to popular belief, gun storage devices do not prevent owners from readily accessing their guns. There is a common myth that storage devices negate the self-defense purpose of owning a gun by putting timeconsuming barriers between the gun owner and their means of defense.17 The reality is that there are many affordable options for secure gun storage that provide owners with access to guns in a matter of seconds while still preventing access by children and people at increased risk of harming themselves or others.18 Further, it is possible that unsecured guns may actually increase the likelihood of crime and violence through an increased risk of gun theft.19 Each year, an estimated 200,000 to 500,000 guns are stolen,20 and many are funneled into the underground market, where once-legally-owned firearms can be transferred to people with dangerous histories.21”
To clarify a point made in staff’s presentation on March 21, 2023, the Ordinance would not apply to those carrying a firearm in compliance with applicable law, including lawful concealed carry, when used in self-defense within the home (Penal Code Section 198.5), etc.
Fiscal Impact
There are no fiscal impacts associated with the proposed action.
Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.
Environmental
The proposed action is not a “project” under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and Public Resources Code section 21065 because it does not: (1) approve a project or result in a direct physical impact on the environment, or (2) contemplate known future projects, and as such, no known environmental impacts are known at this time. Instead, the proposed action would clarify procedural aspects related to the implementation of locally adopted building and other related codes.
As a separate and independent basis, the proposed action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Attachments
1. Ordinance (Amended)
1 https://www.everytown.org/solutions/responsible-gun-storage/ (Last Accessed: March 29, 2023); https://everytownresearch.org/report/unload-lock-and-separate-secure-storage-practices-to-reduce-gunviolence/?_gl=1*17d81eb*_ga*ote0njywntk3lje2njq4mtq3mtq.*_ga_lt0fwv3ek3*mty3otuwmzc0ms4xnc4xlj e2nzk1mdm3odmumc4wlja (Last Accessed: March 29, 2023).
3.11 Packet Pg. 171
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AMENDING CHAPTER 9.24 (DANGEROUS WEAPONS) OF THE EAST
PALO ALTO MUNICIPAL CODE BY AMENDING ARTICLE I (GENERAL PROVISIONS); AMENDING ARTICLE II (DISCHARGE AND
POSSESSION OF FIREARMS); AND ADDING A NEW ARTICLE V
(FIREARMS STORAGE)
WHEREAS, gun violence and gun injuries have a significant adverse effect on public health and safety; and
WHEREAS, specifically, the month of January 2023 has already proved to be the deadliest month for mass shootings in California in at least a decade; to date, 27 people have been killed in five mass shootings in January alone, along with another 20 having sustained injuries from such shootings; and
WHEREAS, stolen firearms contribute to higher rates of crime and gun violence; and
WHEREAS, unsecured firearms raise the risk of injuries from wrongful firearm discharges, including suicides and accidental discharge; and WHEREAS, trigger locks and lockboxes for the home storage of firearms reduce the chance of stolen firearms and wrongful discharge of firearms; and WHEREAS, improperly secured firearms contribute to a higher risk of stolen firearms and wrongful discharge of firearms; and
WHEREAS, as noted by Everytown and Moms Demand Action, trigger locks and lockboxes do not prevent firearms from being easily accessed in case of emergency; and WHEREAS, on March 21, 2023, after staff’s report, public comment, and deliberation the Council made minor amendments, noted herein, the City Council of the City of East Palo waived the first reading and introduced the Ordinance; and WHEREAS, on April 4, 2023, staff published a report that included additional evidence in the record, as noted therein, including evidence supporting a public comment stating that a safe storage ordinance does not negate the ability of the gun owner to use the firearm for self-defense and a clarification that the proposed ordinance would not apply to those carrying a firearm in compliance with applicable law, including lawful concealed carry, when used in self-defense within the home (Penal Code Section 198.5), etc.
3.11.a
Packet Pg. 172 Attachment: Ordinance (Amended) (2620 : Local Gun Control Ordinance)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The City Council finds that all the foregoing recitals are true and correct and incorporated herein by reference. Based thereon, the City Council hereby finds that the Ordinance is in the public interest.
SECTION 2. ARTICLE I OF CHAPTER 9.24 AMENDED
The City Council hereby amends Article I (GENERAL PROVISIONS) of Chapter 9.24 (DANGEROUS WEAPONS) of the East Palo Alto Municipal Code to read as follows (in redline; otherwise, no change):
9.24.010 - Definitions.
For the purposes of this chapter, certain terms, phrases and words shall be construed as follows:
"Dangerous weapon" means and includes, but shall not be limited to the following: Any knife with a blade three inches or more in length, any ice pick, awl, dirk, dagger, stiletto, or similar sharp stabbing tool, any straight-edged razor, razor blade fitted to a handle, razor with an unguarded blade, or any cutting, stabbing or bludgeoning weapon or device intended to be used as a club or capable of inflicting grievous bodily harm. “Firearm” means any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion.
“Locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device as defined by California Penal Code Section 16850, as amended from time to time or is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. "Public place" means and includes, but shall not be limited to, the following: Any public street, way, sidewalk, alley, public park, beach, recreational area, school, public building or place of public resort, any place where an athletic event, dance or other such gathering to which the public or a number thereof are admitted, and any place where alcoholic beverages are sold.
“Residence” means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, in-law units, motels, hotels, single room occupancy units, time shares, and recreational and other vehicles where human habitation occurs.
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Packet Pg. 173 Attachment: Ordinance (Amended) (2620 : Local Gun Control Ordinance) "Switch-blade knives" means and includes, but shall not be limited to, the following: All spring-blade knives, snap-blade knives, or other similar knives of which any blade thereof, regardless of length, is released automatically by a spring mechanism or other mechanical device, or is released by any type of mechanism whatsoever. “Trigger lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices, and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635, as may be amended from time to time.
SECTION 2. ARTICLE II OF CHAPTER 9.24 AMENDED
The City Council hereby amends Article II (DISCHARGE AND POSSESSION OF FIREARMS) of Chapter 9.24 (DANGEROUS WEAPONS) of the East Palo Alto Municipal Code to read as follows (in redline; otherwise, no change):
9.24.060 -– Definitions[RESERVED.].
"Firearms" means a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, BB gun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.
SECTION 3. ADDING A NEW ARTICLE V (FIREARMS STORAGE)
The City Council hereby amends Chapter 9.24 of the East Palo Alto Municipal Code to add a new Article V (Firearms Storage) as set forth below (in redline; otherwise, no change):
9.24.190 – Safe Storage of Firearms in a Residence.
No person shall keep a firearm within any residence or upon any residential premises, unless the firearm is stored in a locked container or disabled with a trigger lock within a residence. This provision shall not apply when the firearm is carried on the person of an individual in accordance with all applicable laws.
9.24.200 – Exception for Reporting Theft or Loss.
A person who owns or possesses a Firearm who reports to the East Palo Alto Police Department that a Firearm was stolen or lost within 24 hours of the time they knew or reasonably should have known that the firearm had been stolen or lost shall not be criminally prosecuted for violation of 9.24.200.
9.24.210 – Penalties for Violations.
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Packet Pg. 174 Attachment: Ordinance (Amended) (2620 : Local Gun Control Ordinance) Notwithstanding Chapter 1.14 (Administrative Remedies) and subject to Section
9.24.200, violations of this section shall carry the following penalties:
a. Any person violating any provision of this section may be subject to administrative citations. The fine for such violations shall be two hundred fifty ($250.00) dollars for the first offense, a fine of five hundred ($500.00) dollars for a second offense within a one (1) year period and a fine of one thousand ($1,000.00) for a third offense within a one (1) year period.
b. Any person violating any provision of this section shall be guilty of an infraction which shall be punishable by a fine not exceeding two hundred fifty ($250.00) dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand ($1,000.00) dollars per violation, or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
This Ordinance is not subject to CEQA because it is not a “project” which would have a direct physical change or a reasonably foreseeable indirect physical change on the environment pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15378. Even if it were a project subject to CEQA review, this project would be exempt from CEQA Guideline Section 15378 (regulatory actions), Section 15061(b)(3) (no significant environmental impact), and Section 15183 (actions consistent with the general plan and zoning). The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.
SECTION 5: IMPLIED REPEAL.
Any provision of the East Palo Alto Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.
SECTION 6. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its adoption.
SECTION 8. PUBLICATION.
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Packet Pg. 175 Attachment: Ordinance (Amended) (2620 : Local Gun Control Ordinance) The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.
This Ordinance was introduced at the March 21, 2023 meeting of the City Council of the City of East Palo Alto.
PASSED AND ADOPTED this 4th day of April, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
3.11.a
Packet Pg. 176 Attachment: Ordinance (Amended) (2620 : Local Gun Control Ordinance)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Humza Javed, Public Works Director
John D. Le, City Attorney
SUBJECT: Bay Road Improvements Phase II/III, Project No. CIP-ST-05A-130 Settlement Agreement
Recommendation
By motion, approve and authorize the City Manager to execute a settlement agreement, in a form approved by the City Attorney, with A. Teichert & Son, Inc. dba Teichert Construction (“Teichert”) to resolve all claims in connection with the East Palo Alto Bay Road Improvements Phase II/III Project (No. CIP-ST-05A-130) (“Project”) in the amount of $1,100,000.00, among other terms.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 5: Improve Communication and Enhance Community Engagement Priority No. 6: Create a Healthy and Safe Community
Background
The Project included bicycle and pedestrian access improvements, multi-modal transportation benefits, improved public access to the Bay Trail and to the Cooley Landing Park and Education Center, as well as underground utility improvements. The installation of these improvements was delayed by groundwater as well as conflicting underground utilities.
The Project was completed just over a year ago, on March 3, 2022. Following completion of the Project, contractor Teichert submitted a claim, dated June 30, 2022 (“Claim”), demanding additional compensation for its work on the Project. The Claim alleged entitlement to damages based on alleged differing site conditions, delay, and lost efficiency, and for payments due under the contract including unpaid progress payments, retention, and interest penalties, collectively totaling $7,127,151.14 (not included attorney fees). The City responded to the
3.12 Packet Pg. 177
Claim and engaged in dispute resolution as required under Public Contract Code section 9204.
City staff were able to resolve some of the issues in the Claim before the mediation, including undisputed amounts; and (2) monies owed pursuant to applicable law. However, certain claim components known, pertaining to installation of the storm drain system, remained in dispute.
Analysis
City representatives and Teichert representatives were unable to fully resolve the matters in dispute during the informal “meet and confer” sessions, pursuant to Public Contract Code section 9204. The parties engaged in formal mediation to attempt to resolve the remaining dispute.
The mediation was conducted via videoconference on March 8, 2023. Aided by the mediator, the parties were able to reach a proposed final settlement, subject to Council approval, pursuant to which Teichert will execute a full and final release of its Claim (and any other potential claims related to the Project) in exchange for a settlement payment of $1,100,000.000. Neither party admitted wrongdoing or changed their litigation positions.
Rather, the parties agreed to resolve the matter to avoid the time, cost, and risk of litigation.
Fiscal Impact
The EDA grant funds are available to fund the proposed settlement, which will be processed as change orders to the existing agreement. There is an additional City match required per the terms of the grant in the amount of $220,000 which was previously appropriated by the City Council via the budget process.
Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.
Environmental
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.
Attachments
1. Settlement Agreement
3.12 Packet Pg. 178
SETTLEMENT AGREEMENT
PAGE 1 OF 7
SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is entered into by and between the City of East Palo Alto, a municipality organized under California law (“City”), and A. Teichert & Son, Inc., dba Teichert Construction, a California corporation (“Contractor”) (referred to collectively as the “Parties,” and individually as a “Party”), as of the Effective Date as defined in Section 2 herein.
RECITALS
A. On or about April 24, 2020, the Parties entered into a publicly bid construction contract (“Contract”) pursuant to which Contractor promised to construct City’s Bay Road Improvements Phase II/III Project, Project No. CIP-ST-05A-13 (“Project”) as general contractor for the amount of $9,871,452.00 (“Contract Price”).
B. During construction of the Project, City approved 18 Contract change orders, which cumulatively increased the Contract Price by $3,323,614.26, for a revised Contract Price of $13,195,066.25.
C. On or about June 30, 2022, Contractor submitted a claim to City (“Claim”), alleging entitlement to additional compensation for two unresolved claims pertaining to installation of the new storm drain system (referred to as “NOPC 1” and “NOPC 3”), unpaid progress payments, unpaid retention, statutory penalties for late payment of progress payments and release of retention, and additional interest penalties, seeking a total of $7,127,151.14, plus unspecified attorneys’ fees.
D. The Parties agree that following submission of the Claim, City has paid Contractor all remaining progress payments, released all retention, and has further paid Contractor the statutory penalties due pursuant to Public Contract Code section 20105.50 for late payment of progress payments, and pursuant to Public Contract Code section 7107 for late release of retention, and that none of these items remain in dispute.
E. Pursuant to Public Contract Code section 9204(d)(2)(A), the Parties met and conferred on the Claim on October 6, 2022 and October 27, 2022, but were unable to resolve their dispute with regard to NOPC 1, NOPC 3, or with regard to Contractor’s assertion that it was entitled to additional interest penalties on NOPC 1 and NOPC 2.
F. Pursuant to Public Contract Code section 9204(d)(2)(B), the Parties engaged in mediation of the unresolved components of Claim on March 8, 2023, with Deborah S.
Ballati serving as the mutually agreed upon neutral mediator.
G. The Parties have not changed their respective positions regarding the unresolved issues in the Claim, but have agreed to the compromise settlement memorialized herein in order to avoid the time, cost, and risk of litigation of the disputed matters, conditioned upon and subject to approval of this Agreement by City’s City Council. Following that
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Packet Pg. 179 Attachment: Settlement Agreement (2619 : Teichert Construction Settlement Agreement)
SETTLEMENT AGREEMENT
PAGE 2 OF 7
approval, the Parties intend this Agreement to be enforceable to fully and finally resolve all remaining issues in disputed in the Claim, subject to the terms and conditions set forth herein.
TERMS AND CONDITIONS
NOW, THEREFORE, for value received and in consideration of the covenants and conditions set forth below, the Parties agree as follows:
1. Recitals.
The Parties agree that the facts stated above are true and correct. The above recitals are incorporated herein and made part of this Agreement.
2. Effective Date.
This Agreement will become effective following approval by the City Council, upon full execution by both Parties via DocuSign (“Effective Date”).
3. Settlement Terms.
a. Settlement Payment. In consideration Contractor’s full release of all claims as set forth in Section 5 below, City will pay Contractor $1,100,000.00 (“Settlement Payment”). City may issue a change order to increase the final Contract Price by the amount of the Settlement Payment. The Settlement Payment will be tendered to Contractor in the form of a check payable to “A. Teichert & Son, Inc., dba Teichert Construction,” which will be sent via overnight delivery (e.g., FedEx) to Downey Brand, LLP, counsel to Contractor, at 621 Capitol Mall, 18th Floor, Sacramento, CA 95814, to the attention of Scott McElhern, within 14 days following the Effective Date.
Contractor agrees to accept the Settlement Payment as full and final payment for its work under the Contract and resolution of all outstanding issues in its Claim, and in so doing expressly waives any further claim to additional compensation under the Contract. b. Subcontractors. Contractor agrees that it is solely responsible for any payments due or alleged to be due to any subcontractor or other third party who provided services, supplies, labor, or equipment for the Project pursuant to a separate contract with Contractor (a “Subcontractor”), and Contractor will fully indemnify, hold harmless, and defend the City against any payment claims, if any, by any Subcontractor. As of the Effective Date, the Parties are unaware of any potential or pending Subcontractor claims or unmet payment obligations.
4. Contract Provisions.
The Parties hereby agree that, except as expressly set forth in this Agreement, all of the Contract provisions that expressly survive termination of the Contract will remain in full force and effect.
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Packet Pg. 180 Attachment: Settlement Agreement (2619 : Teichert Construction Settlement Agreement)
SETTLEMENT AGREEMENT
PAGE 3 OF 7
5. Releases.
a. Subject to the terms and conditions set forth in this Agreement, including the exceptions set forth in subsection 5.c, below, Contractor hereby fully and finally releases and forever discharges City and its past, present and future City Council members, officers, officials, employees, consultants, attorneys, insurers, and their respective successors and assigns, from the Claim and from any and all claims pertaining to or arising from the Contract or Project, including any demands, actions, causes of action, rights, remedies, penalties, liens, stop notices, obligations, fees, costs, interest, expenses, damages, attorney fees, expert and consultant fees, losses and liabilities, of any kind or nature, whenever or however derived, known or unknown, foreseen or unforeseen, suspected or unsuspected, past, present or future, arising out of or relating in any way to the Contract or Project.
b. Subject to the terms and conditions set forth in this Agreement, including the exceptions set forth in subsection 5.c, below, City hereby fully and finally releases and forever discharges Contractor and its past, present, and future directors, officers, officials, employees, consultants, attorneys, insurers, sureties, subcontractors, and their respective successors and assigns, from any and all claims pertaining to or arising from the Contract or Project, including any demands, actions, causes of action, rights, remedies, penalties, obligations, fees, costs, interest, expenses, damages, attorney fees, expert and consultant fees, losses and liabilities, of any kind or nature, whenever or however derived, known or unknown, foreseen or unforeseen, suspected or unsuspected, past, present or future, arising out of or relating in any way to the Contract or Project.
c. Notwithstanding any provisions of this Agreement, the Parties agree that the following are not released, waived, impaired, or discharged:
(1) Rights, obligations, and defenses created or reaffirmed by this Agreement.
(2) Rights, obligations, and defenses in connection with latent deficiencies (as that term is defined in California Code of Civil Procedure Section 337.15) in connection with the Project and not known as of the Effective Date. As of the Effective Date, the Parties are unaware of any latent deficiencies in the work performed by Contractor. (3) Written warranty obligations in connection with the Project, if and to the extent that any warranty obligations are still in effect on the Effective Date.
Provided, however, nothing herein releases, waives, impairs, or discharges any written warranties by any manufacturer, distributor, or vendor. As of the Effective Date, the Parties are unaware of any outstanding and unresolved warranty issues.
3.12.a
Packet Pg. 181 Attachment: Settlement Agreement (2619 : Teichert Construction Settlement Agreement)
SETTLEMENT AGREEMENT
PAGE 4 OF 7
(4) Indemnity, defense, and/or contribution rights and obligations, and defenses thereto, in connection with claims asserted by third parties seeking relief or based upon:
(a) Personal or bodily injuries related to the Project; (b) Damage to tangible property other than the Project itself; and/or (c) Payment for work, labor, equipment, materials, and services, penalties, wages, and/or contributions.
As of the Effective Date, the Parties are unaware of any such pending or potential third party claims.
6. Waiver of Civil Code Section 1542.
As to the matters within the scope of the releases set forth in Section 5, each Party expressly agrees to waive the terms of Civil Code section 1542, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
7. No Admission of Liability.
This Agreement is made without admission of liability, fault, negligence, or breach of obligations by either Party. This Agreement is inadmissible in any legal proceeding as evidence of liability by either Party; provided, however, the Agreement is admissible in any proceeding, notwithstanding Evidence Code section 1119 et seq., in order to enforce its terms.
8. Covenant Not to Sue.
Provided all terms and conditions in this Agreement are fully satisfied, the Parties covenant and agree not to make, assert, maintain, or in any way cause to be made, asserted or maintained, any claim, demand, action, cause of action, suit or proceeding against any person or entity released herein for anything released herein. Each Party further warrants and represents that it has not assigned, conveyed, granted or otherwise transferred any rights or duties pertaining to the Claim or Contract. This Agreement may be pleaded as a full and complete defense to, and may be used as the basis for, any injunction against any action, suit or other proceeding that may be instituted or prosecuted in breach of this Agreement.
3.12.a
Packet Pg. 182 Attachment: Settlement Agreement (2619 : Teichert Construction Settlement Agreement)
SETTLEMENT AGREEMENT
PAGE 5 OF 7
9. Representation by Counsel.
By signing below, each Party acknowledges that it has had the opportunity to be advised and represented by legal counsel of its own choice and has executed this Agreement after having been so advised or represented or after electing not to obtain the advice and representation of qualified legal counsel. Each Party further acknowledges that it and its counsel have had an adequate opportunity to make whatever investigation or inquiry it may deem necessary or desirable in connection with the subject matter of this Agreement. Each Party further acknowledges that, prior to execution of this Agreement, it has read, understood, and approved the language of this Agreement, with or without the assistance and advice from its legal counsel.
10. General Provisions.
a. Interpretation. This Agreement embodies the entire agreement and understanding between the Parties and supersedes all prior agreements and understandings, if any, relating to the Claim. No course of prior dealing between the Parties, no usage of the trade, and no parole or extrinsic evidence of any nature will be used or be relevant to supplement, explain, or modify any term used herein. Each Party expressly waives the provisions of Civil Code section 1654 and acknowledges and agrees that this Agreement will not be deemed prepared or drafted by one Party or the other and will be construed accordingly.
b. Severability. If a court of competent jurisdiction or mutually-appointed arbitrator determines or finds that any part, term, portion or provision of this Agreement is invalid, illegal or unenforceable, the remaining parts, terms, portions and provisions will be deemed severable and the validity, legality and enforceability of the remaining parts, terms, portions and provisions will not be affected or impaired. c. Modification. Neither this Agreement nor any of its provisions may be changed, waived, discharged, or terminated except by a written and dated instrument duly authorized and signed by the Party against whom enforcement of the change, waiver, discharge, or termination is sought.
d. No Waiver. Except as limited by this Agreement, no failure to exercise and no delay in exercising any right, power, or remedy hereunder will operate to impair any right, power or remedy which either Party may have, nor will any such delay be construed to be a waiver of any such right, power, or remedy, or any acquiescence in any breach or default of this Agreement; nor will any waiver of any breach or default by either Party be deemed a waiver of any subsequently occurring default or breach. All rights and remedies granted to either Party under this Agreement will remain in full force and effect notwithstanding any single or partial exercise of, or any discontinuance of, any action begun to enforce any such right or remedy. The rights and remedies specified herein are cumulative and not exclusive of each other or of any rights or
3.12.a
Packet Pg. 183 Attachment: Settlement Agreement (2619 : Teichert Construction Settlement Agreement)
SETTLEMENT AGREEMENT
PAGE 6 OF 7
remedies which either Party would otherwise have. Any waiver, permit, consent or approval by either Party of any breach or default hereunder must be in writing and will be effective only to the extent stated in a writing signed by the Party to be charged and only as to that specific instance.
e. Non-Exclusive Remedies. In the event of a breach of any provision of this Agreement, each Party, in addition to and not in lieu of the remedies expressly provided in this Agreement, will be entitled to exercise such remedies that exist at law or equity to enforce this Agreement including, but not limited to, seeking specific performance.
f. Choice of Law and Venue. This Agreement will be construed in accordance with, and governed by, the procedural and substantive law of the State of California, and the venue of any litigation in connection with this Agreement will be in the Superior Court of California in San Mateo County and no other place. g. Attorney Fees. Each Party will bear its own attorney fees and costs incurred up to and including the date of execution of this Agreement. If any legal action or proceeding is brought between either of the Parties arising out of, relating to or seeking the interpretation or enforcement of the terms of this Agreement, the prevailing party will be entitled to its reasonable attorney fees and costs, including attorney fees and costs for any arbitration, appeal, or enforcement of judgment. h. Headings. Captions, section headings and numbers have been set forth in this Agreement for convenience only and are not to be used in construing this Agreement.
i. Necessary Acts. Each Party agrees to timely perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement, including execution of a final Change Order to amend the Contract Price.
j. Authority to Execute and Bind. Each Party represents and warrants that each of the persons executing this Agreement on its behalf has full and complete legal authority to do so, subject to City Council approval of this Agreement with respect to City, and thereby binds the Party on behalf of whom this Agreement is executed. k. Counterparts. This Agreement may be executed in any number of counterparts, all of which taken together will constitute one agreement. The Agreement may also be executed electronically via DocuSign and signatures on such electronically transmitted copies will be deemed original signatures.
[Signature page follows]
3.12.a
Packet Pg. 184 Attachment: Settlement Agreement (2619 : Teichert Construction Settlement Agreement)
SETTLEMENT AGREEMENT
PAGE 7 OF 7
The Parties agree to this Agreement as witnessed by the signatures below:
CITY OF EAST PALO ALTO
_______________________________ Date: __________________________ Melvin E. Gaines, City Manager
Approved as to form:
_______________________________
John Lê, City Attorney
A. TEICHERT & SON, INC., DBA TEICHERT CONSTRUCTION
______________________________ Date: __________________________ Jim Gallagher
Regional Manager, Bay Area Region
Approved as to form:
_________________________________
Scott McElhern, Downey Brand, LLP
3.12.a
Packet Pg. 185 Attachment: Settlement Agreement (2619 : Teichert Construction Settlement Agreement)
EAST PALO ALTO
COMMUNITY AND ECONOMIC DEVELOPMENT
DEPARTMENT
STAFF REPORT
DATE: April 4, 2023
TO: Melvin Gaines, City Manager
FROM: AMY CHEN, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR BY: Karen Camacho, Housing & Economic Development Manager SUBJECT: Potential Use of Tanklage Property for Temporary Police Station & RV Safe Parking Program Transition
Recommendation
• Provide direction on which, if any, temporary police department design option the City should further pursue on the Tanklage Property
• Adopt a Resolution authorizing the City Manager to:
A. Negotiate and execute a Fourth Amendment to the License and Grant Agreement (“Fourth Amendment”) with Project WeHOPE, in a form approved by the City Attorney, to extend the RV Safe Parking Program through October 30, 2023; and B. Allocate $125,010 in Housing Successor funds to operate the RV Safe Parking Program (“Program”) for an additional six months or less.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
· Promote housing, economic and workforce development
· Promote public health and safety
· Ensure our financial and organizational health
· Implement the facilities master plan
9.1 Packet Pg. 186
Background
The City owns and controls 1798 Bay Road (“Tanklage Property”). The former Redevelopment Agency transferred the 1.38 acres Tanklage Property to the City in 2011. As a former Redevelopment Agency property, the site can only be used for a public use. Since July 2018, the City has permitted Project WeHope to use the Tanklage Property to operate the RV Safe Parking Program (“Program”), as further described below. The Special Use Permit (SUP) for the Program will expire April 30, 2023.
On May 18, 2021, the City Council adopted the City of East Palo Alto Facilities Master Plan (“Plan”) which included specific objectives and recommended actions. Objective #3 of the Plan, “Develop a Short-Term Strategy for the Police Department,” was prioritized by the City Council because the current leases for properties utilized by the Police Department will expire on October 31, 2025.
The Tanklage Property is one the few properties the City owns that does not have a designated long-term use. On April 19, 2022, the interim city manager and a representative from Group 4 Architecture, Research + Planning, Inc. (Group 4) presented a plan to the City Council to explore design options for a temporary police station at the Tanklage Property. The City Council acknowledged then that there were few viable alternatives to locate a police department within City limits that could be developed within a timeline that coincides with the October 31, 2025 expiration of the existing police department leases. The Council directed staff to amend the City’s existing agreement with Group 4, adding $128,750 for Group 4 to explore police department design options at the Tanklage Property. The Council also expressed a desire to be informed about the RV Safe Parking Program status when asked to provide direction about alternative uses of the Tanklage Property.
This staff report discusses the police department design options at the Tanklage property. It also provides an update on the RV Safe Parking Program and staff’s recommended approach to phase out the Program by October 31, 2023. A six-month phase out of the RV Safe Parking program should allow adequate time for Project WeHope to coordinate transitions for the remaining program participants. October 31, 2023 also provides the City with two years to complete the development of a temporary police department at the Tanklage Property, which corresponds with the estimated construction timelines for police department design options presented in this report.
Analysis
Tanklage Property as Temporary Police Department
The City currently leases 13,000 square feet (SF) of building space across two properties for the police department. The City owns the manufactured offices at 141 Demeter Street, but the structures are well beyond their useful life and need replacement. The leases for each property have base rents that increase each October. As shown in Table 1 below, the remaining lease terms require the City to pay from $254,400 (October 2022 - October 2023) to $271,200 (October 2024 - October 2025) per year to rent the two properties used by the police department.
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TABLE 1
Current Properties Utilized by the Police Department
Location Functions Usable Space Monthly Rent Lease
Expiration
141 Demeter • Administration
• Investigation • Patrol
• Training • Records
6,000 SF $15,200 -$16,100 10/2025
219 Demeter • Property/Evidence
• Investigation • Training
• Meeting
7,000 SF $6,000 - $6,500 10/2025
Total (Monthly) $21,200 - $22,600
Total (Annual) $254,400 -$271,200
The City did not intend for the properties at 141 and 219 Demeter Street to be long-term homes for the police department. The configuration of both properties is not optimal for public safety operations. Whether for temporary or permanent police buildings/campuses, the City should strive to develop sites that adequately meet the needs of our community and the staff that serves the community.
Tanklage Property Not Suitable for a Permanent Police Department The arced/crescent-like shape of the 1.38 acres Tanklage Property and the property’s narrow frontage on Bay Road present challenges that make designing a police department that fits the City’s design vision for Bay Road unattainable. The City, or any developer, would likely need to acquire 1800 Bay Road (formerly Lee’s Backhoe) and the adjacent property to design a cohesive project that fit’s the City’s design vision. Like the existing police department at 141 Demeter Street, which was also intended to be a short-term location, the Tanklage Property will only have one vehicular entry/exit way, which also makes the site unideal for public safety function.
For these reasons, the City should consider the Tanklage Property as a temporary police department location. The Group 4 proposed design options include temporary facilities with expected building lives of 10 to 15 years and 25 to 30 years. The expected building life of a traditional/more permanent built option would be 30 to 40 years.
Given the current development proposals in East Palo Alto and the potential for the City to modify existing facilities based on these proposals and other City initiatives, including the construction of a library on Pulgas Avenue and the City exploring with San Mateo County a potential redesign or reconstruction of 2415 University Avenue, there may be viable alternative locations for a permanent police department in the next 8 to 15 years. Staff does not believe that any alternative locations will be secured within a timeline that allows police operations to be moved before the current leases expire in October 2025.
Design Options
Group 4 evaluated two police department design options at the Tanklage Property - a 16,000 SF building design and a 19,000 SF building design. As shown in Table 2 below, the only differences between these two options are increases in the square footage of each space.
Each space in the 19,000 SF option is bigger than that proposed in the 16,000 SF option.
9.1 Packet Pg. 188
TABLE 2
Potential Police Department Design Options
Space Option 1 Option 2
Police Lobby 820 980
Police Administration 930 1,129
Police Records 1,050 1,271
Criminal Investigations - Public 800 945
Criminal Investigations - Staff 2,275 2,763
Property & Evidence 3,070 3,686
Patrol 1,975 2,372
Staff Support Spaces 2,835 3,416
Building Support 1,115 1,325
Net Total 14,870 17,888
10% Building Envelope Factor 1,487 1,789
Total Police Building Area 16,357 19,677
In addition to two different size options, Group 4 explored three different building types - modular relocatable, pre-engineered, and traditional buildings. Modular relocatable and preengineered buildings are described below.
Modular relocatable buildings are commonly used as temporary facilities, they are constructed off site and transported to the development site which has many advantages, such as less construction waste, faster construction time, and less risk during construction. They have the advantage of being easy to transport and once the need for them has passed they can be relocated and repurposed for other uses. The expected lifespan of a relocatable modular building is not as long as pre-engineered or traditional construction because of how they are assembled and designed for transport. Of the three construction types considered relocatable modular buildings have the shortest life expectancy and the lowest cost, they also have the advantage of being available on a lease basis. Modular relocatable buildings are commonly used on school campuses for additional classrooms.
Pre-engineered buildings are like modular relocatable buildings in that their major components are manufactured at a factory; however, the components are then assembled on the site. Preengineered buildings are assembled similarly to conventional construction once their components are on site. Pre-engineered buildings advantages are that the construction time is faster than traditional construction, they are typically more cost effective than traditional construction with similar life expectancy benefits, and they have the flexibility to be customized such that they can aesthetically be designed more like traditional construction.
Costs Options
The projected costs for a police department at the Tanklage Property vary depending on the size and building types. Table 3, below, shows preliminary cost estimates for different size options and building types. These cost estimates are for total costs including site preparation, buildings, site development, design, permitting, etc. For modular relocatable buildings, the City could lease or buy the modulars. Comparing leasing to buying modular relocatable buildings, Group 4’s cost estimates show that leasing is more cost effective than buying modular relocatable buildings for a temporary police department. It would take 76 years for the leasing costs to be equal to the costs for buying modular relocatable buildings. This is true for both the 16,400 SF and 19,700 SF options.
9.1 Packet Pg. 189
TABLE 3
Cost Options (estimated total project costs)
Building Size Building Type
Modular Lease Modular Buy Pre-Engineered Traditional
16,400 SF $6,900,000 + $82,000 annual lease $13,200,000 $17,000,000 $25,400,000 19,700 SF $7,400,000 + $98,500 annual lease $14,900,000 $19,300,000 $29,500,000 Council Direction Needed
Given the October 2025 end of the City’s leases of properties used for the police department, and the unlikelihood of alternative locations for a police department, staff requests council direction on which design option the City should further pursue for a police department at the Tanklage Property. Table 4, below, is an evaluation matrix showing the costs, estimated design/construction timeline, and expected building life of each building size, type, and lease/buy option.
TABLE 4
Evaluation Matrix
Building Size Building Type
Modular Lease Modular Buy Pre-Engineered Traditional
16,400 SF $6,900,000 + $82,000 Annual
Lease
$13,200,000 $17,000,000 $25,400,000
19,700 SF $7,400,000 + $98,500 Annual
Lease
$14,900,000 $19,300,000 $29,500,000
Design &
Construction
Timeline
6 - 10 Months 6 - 10 Months 24 - 30 Months 24 - 30 Months Expected Life of
Building
10 - 15 Years 10 - 15 Years 25 - 30 Years 30 - 40 Years With Council’s direction on the building size, type, and potentially whether to lease or buy the building, staff will seek bids for design and construction. Staff will return to Council to discuss approval of any bid and discuss next steps.
As the Tanklage Property is currently used for the RV Safe Parking Program, the remainder of this report provides an update on the Program and recommends a 6-month extension to phase out the program at the Tanklage Property.
RV Safe Parking Program
Originally approved on July 17, 2018 the Program provides Recreational Vehicle (“RV”) dwellers with a location to park their vehicle so that they may have a designated parking space that does not interfere with the public right-of-way. According to the Menlo Park Fire Department, the Program can accommodate up to 17 RVs. The Program has accommodated 17 RVs at its peak, but enrollment is now down to less than half (only 8 RV households currently remaining). Program participants have access to facilities and receive case management services from Project WeHOPE on-site at the Tanklage Property at 1798 Bay Rd. The Program is currently in its fourth year. Table 5 below details the City’s financial investment that has supported this program since its inception. Project WeHope has also invested more than six hundred thousand in the program. The current lease, Temporary Use Permit (“TUP”), and funding for the RV Safe Parking Program will expire on April 30, 2023.
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TABLE 5
RV Safe Parking Program Financial Information
Year City Investment Funding Source(s)
Year 1 2019-20 $200,000 (Overnight); $118,500
(Overnight); $100,000 (Site Prep);
$35,000 (Homeless Assistance) City
Year 1 Total: $453,500
General Fund Measure O/General
Fund CIP General Fund
Year 2 2020-21 $250,000 (Overnight); $85,689
(Daytime) City Year 2 Total:
$335,689
Housing Successor General Fund
Year 3 2021-22 $250,000 (Overnight); $25,042
(Daytime) City Year 3 Total:
$275,042
Housing Successor General Fund
Year 4 2022-23 $250,000 (Overnight) City Year 4
Total: $250,000
Housing Successor General Fund
City Total: $1,314,231
The original intent of the Program was to provide a temporary overnight parking site. Project WeHOPE provides social services and essential amenities to Program participants, who may park their RVs on-site between the hours of 7:00pm and 7:00am daily. In response to the COVID-19 pandemic and County Shelter-in-Place Order, Project WeHOPE expanded the Program with City authorization and funding support to allow RVs to remain on-site 24 hours a day. The temporary 24-hour operation of the Program stayed in place and was funded by the City from April 2020 to April 2022. In April 2022, City Council determined to go back to overnight operations and extend the contract for an additional year.
Project WeHOPE is authorized to operate the Program on the Property via an Interim/Special Use Permit and a License and Grant Agreement (Agreement - Attachment 2), both of which expire on April 30, 2023. The SUP/IUP permits this special use of the Property for one year and may be renewed up to two times with the approval of the Planning Commission. The SUP/IUP permit has already been extended the maximum number of times. In addition to authorizing Project WeHOPE to operate the Program, the Agreement provides for a $250,000 grant from the City to support Program operations from April 2022 through April 2023.
Approval of Two Manufactured Units to House Formerly Homeless Families On April 21, 2020, via Resolution No. 60-2020, the City Council granted Project WeHOPE the authority to temporarily place two manufactured units on the Tanklage property at 1798 Bay Rd. to provide interim housing for unhoused family households who may be in transition.
These two units are currently not occupied and will be moved prior to October 30, 2023. At this time, Project WeHope is looking for a new location of these two units.
RV Safe Parking Program Outcomes
The Program has been very successful at finding permanent housing solutions for individuals and families living in RVs. Since 2018, the Program has assisted 110 total participants. Of those, 42 have transitioned to permanent housing, 15 are currently participating in the program, 34 have declined housing or found alternative arrangements and 19 have left the program. Of the 42 households who located permanent housing, 25 are individuals and 17 are families with children.
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TABLE 6
RV Safe Parking Program Participant Outcomes (2020-2023) Participant Outcomes As of April
2021
As of April
2022
As of April
2023
Left the Program 15 19 19
Declined housing or found alternative arrangements 24 34 34 Currently participating in the Program 11 15 15
Transitioned into permanent housing 34 36 42
Total participants since 2018 85 104 110
The breakdown of Program participation and outcomes is shown in the Table 7, below. As shown, 13 households remained in East Palo Alto, while 20 households relocated within San Mateo County, and three found housing in surrounding Bay Area counties. Six households relocated outside of the Bay Area. Participants relocated to a mix of housing types: a single room, housing voucher placement (rental), affordable rental, and ownership housing.
TABLE 7
RV Safe Parking Program Participants Transitioning into Permanent Housing Locations (2020- 2023)
Housing Locations
of Program
Participants
Participants as
of April 2021
Participants as of
April 2022
Participants as
of April 2023
Type of Housing
(as of April 2023)
East Palo Alto 11 12 13 11 Single room 2
Housing Voucher
San Mateo County 15 15 20 15 Single room 5
Housing Voucher
Bay Area 3 3 3 1 Single room 2
Housing Voucher
Other 5 6 6 5 Affordable rental 1
Purchased house
Total 34 36 39
At around this time last year (in March 2022), the Program had 15 participants onsite, with 1 household coming off the waitlist and entering the program. Eight households, or 15 individuals, remain in the Program.
Please note that in addition to maintaining the RV parking lot, Project WeHOPE has placed two manufactured homes on the site, as authorized by the Agreement. These modular homes are used for 1 to 30 days at a time to help individuals transition from vehicles, the street, or shelters into permanent supportive housing. To date, there have been 12 individuals/families who have lived in the modular homes.
Existing RV Safe Parking Program Participants and Exit Plans Given that park closure is imminent, for the past 30 days, WeHOPE has closed the waitlist and has been reaching out to the eight existing households seeking to provide support on the residents’ exit plans.
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Table 8, below, is a summary of the existing households and their exit plans:
TABLE 8
RV Safe Parking Program Remaining Participants
Household # of
Individuals
Exit Plan Summary
1 1 adult 4
children
They will be moving to the Mountain View RV program by September of this year
2 1 adult 4
children
This household may qualify to move to the Mountain View RV program in April of this year
3 1 adult and 1
child
No exit plan presented to WeHOPE yet
4 2 adults No exit plan presented to WeHOPE yet
5 1 adult This individual will be moving to Move Mountainview on April 1, 2023 6 1 adult No exit plan presented to WeHOPE yet
7 1 adult No exit plan presented to WeHOPE yet
8 1 adult No exit plan presented to WeHOPE yet
WeHOPE is making good progress and believes that a contract modification will enable them to help the remaining families and individuals obtain assistance in finding housing.
RV Safe Parking 6-Month Extension and SUP to TUP Process Given that the SUP/IUP expires April 30, 2023 and all three extensions have been exhausted, staff is proposing to extend the Program through a Temporary Use Permit (“TUP”) from April 30, 2023 through October 30, 2023, consistent with East Palo Alto Municipal Code Chapter
18.94. Because the proposed duration is over 31 days, the 6-month extension for the RV Safe Parking must be approved via a major TUP, an administrative permit which requires a Director’s hearing. The Director’s hearing is tentatively scheduled for Thursday, April 13, 2023. The Community and Economic Development Director can take action on the TUP after the Director’s hearing. Upon the issuance of an approval, there is also a two week appeal period where a member of the public can appeal the decision to the Planning Commission.
Staff have met several times with Project WeHOPE to assess the need for Program services and develop a recommendation for a phase-out of the program given the imminent need to change site use. Although the Program can accommodate up to 17 RVs, WeHOPE has stopped accepting new applicants off the waitlist and is working on assisting the eight remaining households find permanent alternative housing solutions.
Staff recommends that the City Council consider extending the Program in its current, overnight form for an additional six months to allow Project WeHope and RV residents to accommodate enough time to find alternative accommodations. City Council still has authority to extend the contract with Project WeHOPE for the additional six months, and allocate funding for operations during that extension.
With this agreement, participants would be allowed to remain in the Program for an additional 30 days at a time with regular overnight operations. Regular overnight operations of the park include parking from 7PM to 7AM. WeHOPE is also requesting that the City continue the exemption to allow Program participants to leave their unattended RVs on the RV lot during the nonoperational hours (7 AM - 7 PM). WeHOPE understands that the remaining eight households who are utilizing the site need to go to work and do not have a safe place to park
9.1 Packet Pg. 193
their RVs. The RV lot will be locked which means that program participants will not have access to their RV from 7 AM to 7 PM. Security will unlock the RV lot at 7 PM and then program participants can enter the RV lot.
Staff also recommends that WeHOPE establish new 30-day Participant Agreements with the remaining eight households, giving each the possibility of up to five extensions to remain as long as they continue to work in close collaboration with WeHOPE to establish an exit plan.
Alternatives to Recommendations
The following are this report’s recommendations along with potential alternatives to the recommendations with discussion. This is a trial effort for staff to include alternatives to recommendations for Council to consider. Nevertheless, the recommendations reflect what staff believes is the best option.
· Recommendation 1- Provide direction on which, if any, temporary police department design option the City should further pursue on the Tanklage Property « R1 Alternative 1 - Direct staff to explore other options to relocate the police department.
This could include exploring options to purchase property for a permanent police department.
o Staff would recommend this exploration not go beyond October 2023, which would leave 2 years for design and construction of a police department at the Tanklage Property.
« R1 Alternative 2 - Direct staff to make further attempts to negotiate lease extensions at 141 and 219 Demeter Street.
o Attempts by previous City staff to extend the lease at 141 Demeter have been futile.
« R1 Alternative 3 - Provide other direction
· Recommendation 2 - Adopt a Resolution authorizing the City Manager to:
a. Negotiate and execute a Fourth Amendment to the License and Grant Agreement (“Fourth Amendment”) with Project WeHOPE, in a form approved by the City Attorney, to extend the RV Safe Parking Program through October 30, 2023; and b. Allocate $125,010 in Housing Successor funds to operate the RV Safe Parking Program (“Program”) for an additional six months or less. « R2 Alternative 1 - End the RV Safe Parking Program when the Special Use Permit expires April 30, 2023.
o Staff believes that a 6-month extension would provide sufficient time to phase out the program.
« R2 Alternative 2 - Extend the RV Safe Parking Program by a shorter or longer term than 6 months.
o If the Tanklage Property will be used for a temporary police station, the RV Safe Parking Program should not operate at the site beyond October 2023. « R2 Alternative 3 - Provide other direction regarding the RV Safe Parking Program.
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Fiscal Impact
The Fourth Amendment to the RV Safe Parking Program contract with Project WeHOPE commits $125,010 in Housing Successor funds to Project WeHOPE to support the operation of the Program through October 2023. The monthly cost of $20,835 includes staff position costs (program manager, Dignity on Wheels driver, Dignity on Wheels intake, case management, security, and administrative overhead), as well as supplies, portable restroom and servicing, and laundry and shower services. Payments to Project WeHOPE will end whichever comes first - October 2023 or in the month that the program has no more participants. If the latter comes first, any unused funds will be returned to the Housing Successor Fund.
Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.
Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.
Attachments
1. 1.Resolution
2. RVSPP Third Amendment Agreement
9.1 Packet Pg. 195
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED LICENSE AND GRANT
AGREEMENT WITH PROJECT WEHOPE TO EXTEND THE RV SAFE PARKING PROGRAM THROUGH OCTOBER 30, 2023 AND ALLOCATING $125,010 IN HOUSING SUCCESSOR FUNDS
TO OPERATE THE PROGRAM FOR AN ADDITIONAL SIX MONTHS
WHEREAS, on July 17, 2018, through Resolution No. 4998, the City Council declared a Shelter Crisis pursuant to Government Code Section 8698 and authorized the City Manager to execute a License and Grant Agreement (“Agreement”) with Project WeHOPE (“PWH”), to operate the RV Safe Parking Pilot Program (“Program”) for one year at the City-owned property located at 1798 Bay Road (“Property”); and
WHEREAS, Resolution No. 4998 also committed a maximum of $318,500 to the Program, including a grant of up to $218,500 to PWH to assist with operations and programming and $100,000 for preparation of the Property; and
WHEREAS, on September 10, 2018, through Resolution No. PC 2018-07, the Planning Commission authorized the interim use of the Property for a one-year period, commencing with the date the City deemed the site construction complete (May 1, 2019); and WHEREAS, on May 1, 2019, the Program began serving clients at the Property; WHEREAS, on April 21, 2020, through Resolution No. 60-2020, the City Council authorized the City Manager to execute an Amended License and Grant Agreement (“Amended Agreement”) with PWH that extended the term through April 30, 2021, allowed two temporary structures to be placed on the Property and allocated $250,000 in Housing Successor Funds as a grant to PWH to operate the Program; and
WHEREAS, on April 20, 2021, through Resolution No. 50-2021, the City Council once again extended the term of the Program through April 30, 2022, by authorizing the City Manager to execute a Second Amendment to the License and Grant Agreement; and WHEREAS, the Planning Commission approved two additional special use permits to continue the Program through April 2022: SUP20-001 and SUP21-001by Resolution No. PC 2020-01 and Resolution No. PC 2021-04, respectively; and
WHEREAS, on April 19, 2022, through Resolution No. 40-2022, the City Council once again extended the term of the Program through April 30, 2023, by authorizing the City Manager to execute a Third Amendment to the License and Grant Agreement; and WHEREAS, on April 11, 2022, through Resolution No. PC 2022-04, the Planning Commission approved a new Special Use Permit (SUP22-001) to allow the Program to continue through April 30, 2023;
WHEREAS, to date, only 8 or the potential 17 households remain in the Program; and WHEREAS, at a regular meeting on April 4, 2023, the City Council directed staff to obtain the necessary authorizations from the Planning Commission and City Council to extend the Program for
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Packet Pg. 196 Attachment: Resolution (2622 : Potential Use of Tanklage Property for Temporary Police Station & RV Safe Parking Program Transition) an six months, through October 30, 2023; and
WHEREAS, on April 13, 2023, the TUP will be considered at a Director’s Hearing to allow the Program to continue through October 30, 2023.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to:
1. Negotiate and execute a Fourth Amendment to the License and Grant Agreement (“Fourth Amendment”) with Project WeHOPE, in a form approved by the City Attorney, to extend the RV Safe Parking Program through October 30, 2023; and
2. Allocate $125,010 in Housing Successor funds to operate the RV Safe Parking Program for an additional six months or less.
PASSED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John Le, City Attorney
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EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
SUBJECT: Alternative use of ARPA funds and related budget amendments Recommendation
1. Adopt a resolution approving the Fiscal Year 2022-23 limited budget amendments for General Fund and American Rescue Act Plan (ARPA) Fund, including authorization of a transfer out from ARPA Fund to General Fund in the amount of $1,630,000; and
2. Adopt a resolution committing and authorizing $1,630,000 in General Fund for uses outlined in the ARPA fund guiding principles previously adopted by the City Council.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
· Ensure our financial and organizational health
Background
In FY 2021-22, the City received $3,506,266 for the first tranche payment of American Rescue Plan Act of 2021 (ARPA) funds. These funds were appropriated and spent for police payroll. On June 7, 2022, the City Council adopted the FY 2022-23 budget which projected the second tranche payment in the amount of $3,506,266 which the City had received in July 2022. The adopted budget primarily focused on utilizing ARPA funds for “government services” to address a projected $1.7 million budget deficit in General Fund.
This left approximately $1.8 million of ARPA funds The City Council must obligate these funds by December 31, 2024, and the City must use the funds by December 31, 2026. The adopted budget primarily focused on utilizing ARPA funds for “government services” to address a projected $1.7 million General Fund. This left approximately $1.8 million of ARPA funds.
On September 20, 2022, the City Council provided direction regarding the allocation of the remaining portion of ARPA funding with the following focused
9.2 Packet Pg. 217
areas as guiding principles:
1. Improving the City’s infrastructure;
2. Strategies to address the City’s structural deficit; and
3. Direct assistance to the community.
On October 18, 2022, staff returned to the City Council with more detailed information by itemizing activities for each area of the guiding principles above (Attachment 2) which was intended to serve as a guideline. Staff informed the Council they’d return to the Council to bring forward specific items for consideration.
The purpose of this staff report is to provide recommendations regarding alternative use of ARPA funds in order to ensure compliance over the Uniform Guidance (federal grant regulations) which would ease administrative burdens.
It is also to recommend retaining the guiding principles and the recommended activities but changing the funding source from ARPA fund to General fund.
The following analysis will explain the process to accomplish the funding strategy.
Analysis
The final rule published in April 2022 by the U.S Treasury Department was intended to provide greater flexibility to pursue a wider range of uses, as well as more simplicity so local governments could focus on responding to the crises in their communities and maximize the impact of ARPA funds. Treasury also has greatly simplified the program for small local governments through the option to elect a standard allowance for revenue losses up to $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount - in many cases their full award - for government services, with streamlined reporting requirements.
To ensure compliance and ease administrative burdens, staff recommends taking advantage of the standard allowance option and utilizing the remaining ARPA funds for government services specifically for personnel costs, which are not subject to the federal procurement and subrecipient monitoring requirements.
Recognizing the savings in General Fund for personnel costs, staff also recommends retaining the activities under the guiding principles (Attachment 2) and committing $1,630,000 in General Fund equivalent to the unspent ARPA fund balance for those purposes. Acknowledging that each of the items identified on Attachment 2 will require a contracting and City Council deliberation process, it is expected that staff will return for specific items for City Council consideration of contract and appropriation approval1. 1 The following items in the guiding principles (Attachment 2) have been returned to the City Council as of today: a) Public opinion research, survey, community engagement, fiscal sustainability and communication services ($200,000), b) Contribution towards City's 40th birthday celebration ($50,000)
9.2 Packet Pg. 218
Fiscal Impact
The proposed budget amendments utilize the unspent ARPA funds in the amount of $1,630,000 for personnel costs by authorizing a transfer from ARPA Fund to General Fund. In return, staff also recommends committing $1,630,000 in General Fund for the purposes described in the guiding principles to be funded previously by ARPA funds.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co.
Library located at 2415 University Avenue in East Palo Alto, CA.
Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.
Attachment
1. Resolution
2. ARPA guiding principles and recommendations
Attachments
1. ARPA guiding principles and recommendations
2. Resolution - ARPA fund budget amendment
9.2 Packet Pg. 219
Area Description Estimate Comments for Discussion
City contribution for 50% of design for
Los Robles Ronald Mcnair field
upgrade
$200,000
Total cost is estimated to be $400,000. The City's
contribution would require RCSD to commit to a
future joint use agreement to use the field.
Contribution towards design of future
Library $400,000 City expected to receive 1.5 M earmark which likely will not cover the entire design cost.
Capacity assistance with EPASD LAFCO
process
$100,000 Investment would assist with overall staff
capacity.
Cost to construct the Palo Alto Intertie $450,000
Consistent with the Water System Master Plan,
the Intertie project is a key improvement for the
entire City. Project is shovel ready.
Temporary lights for park/emergency
use
$50,000
The Parks team has been seeking these lights for
a few years now. Lights would enable the City to
offer programming during the winter and spring
months. Lights could also be used during an
emergency.
Public opinion research, survey,
community engagement, fiscal
sustainability and communication
services
$200,000
The City Council has expressed the desire to
embark on a comprehensive polling/engagement
process to evaluate City services.
Analysis/legal assistance around the
City establishing financing strategies
to support infrastructure and other
City initiatives
$80,000
With potential new development, the City has an
opportunity to establish financing mechanisms to
ensure infrastructure is developed and
maintained utilizing different financing
mechanisms.
Funding available via RFP/NOFA
process
$350,000 Staff would return in early 2023 with a detailed process on how these funds would be disbursed.
Contribution towards City's 40th
birthday celebration (July 2023) $50,000 Planning for the City's 40 celebration will begin this winter.
Total $1,630,000
Attachment 2 - Recommended Allocations of Remaining ARPA Funding Improve City's
Infrastructure/Facilities
Strategies to Address
Structural Deficit
Direct Assistance to the
Community
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Packet Pg. 220 Attachment: ARPA guiding principles and recommendations (2614 : Alternative use of ARPA funds and related budget amendments) 1 of 2
RESOLUTION NO. XX – 2023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
APPROVING FISCAL YEAR 2022-23 LIMITED BUDGET AMENDMENTS RELATED TO
AMERICAN RESCUE PLAN ACT FUNDING
WHEREAS, Resolution No. 77-2022 adopting the Fiscal Year 2022-23 Revenue and Expenditure Budget for the City of East Palo Alto (“City”) was approved by the City Council on June 7, 2022; and
WHEREAS, the City received $3,506,250 in ARPA allocation funding in July 2022; and WHEREAS, the final rule published in April 2022 by U.S Treasury Department intended to provide greater flexibility to pursue a wider range of uses and simplified the program for small local governments through the option to elect a standard allowance for revenues loss of up to $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation; and
WHEREAS, the City acknowledges that recipients that select the standard allowance may use the full award for “government services,” with streamlined compliance and reporting requirements; and WHEREAS, the City desires to avail itself of such streamlined compliance and avoid administrative burdens by electing a standard allowance to use the remaining ARPA funds for government services.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Finds the foregoing recitals are true and correct and are incorporated by reference into this action;
2. Approves the Fiscal Year 2022-23 limited budget amendments for General Fund and American Rescue Act Plan (ARPA) Fund described in the staff report, including authorization of a transfer out from ARPA Fund to General Fund in the amount of $1,630,000as follows:
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Packet Pg. 221 Attachment: Resolution - ARPA fund budget amendment (2614 : Alternative use of ARPA funds and related budget amendments) 2 of 2
3. Commits and authorizes $1,630,000 in General Fund for the uses outlined in the ARPA fund guiding principles previously adopted by the City Council.
PASSED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
Revenues Expenditures In Out
10 General Fund 35,422,299 $ (29,108,798) $ 4,314,078 $ 2,600,140 $ (6,398,393) $ 6,829,326 $ 11 IT Replacement Fund - $ (1,977,349) $ - $ 1,121,861 $ - $ (855,488) $ 12 Equipment & Vehicles - $ (153,655) $ - $ 95,000 $ - $ (58,655) $ 13 Self Insurance - $ (972,168) $ - $ 972,168 $ - $ - $ 16 Community Benefit Fund - $ (50,000) $ - $ - $ - $ (50,000) $ 17 Com Dev Pass Thru 897,653 $ (816,048) $ - $ - $ - $ 81,605 $ 99 Emergency Fund - $ - $ - $ - $ - $ - $
$ 2,189,029 (2,189,029) $ - $
$ (33,078,018) 36,319,952 $ 4,314,078 $ 2,600,140 $ (4,209,364) $ 5,946,788 $ 290 ARPA $ (863,755) 3,555,001 $ - $ - $ (2,600,140) $ 91,106 $ Net Change
Fund Balance
ELIMINATING ENTRY
TOTAL GENERAL FUND
FY 2022-23 AMENDED GENERAL FUND AND ARPA FUND SUMMARY
Fund Description
Operating Capital
Improvement
Plan
Operating Transfers
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Packet Pg. 222 Attachment: Resolution - ARPA fund budget amendment (2614 : Alternative use of ARPA funds and related budget amendments)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Maurice Baker, Acting Community Services Manager
Melvin Gaines, City Manager
SUBJECT: Approval of the Parks, Recreation, and Open Space Master Plan for East Palo Alto
Recommendation
Adopt a resolution approving the Parks, Recreation, and Open Space Master Plan.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 6: Create a Healthy and Safe Community
Priority No. 7: Enhance Community Services and Parks
Background
A Parks, Recreation, and Open Space Master Plan (Master Plan) assesses the city-wide parks and open space system and provides strategies and recommendations to fund, maintain, improve, expand, secure, connect, partner and advocate for, and celebrate the City’s parks.
The Master Plan includes recommendations for improvements on existing parks and recommends current and future staffing levels to ensure that residents and visitors are experiencing high quality parks and recreation services.
As part of the 2020-2021 Priority Setting process, the City Council reinforced the importance of completing the Master Plan.
On November 6, 2020, staff issued a Request for Proposals (RFP) to identify a consultant to complete the Master Plan.
On March 2, 2021, the City Council awarded the Master Plan contract to the team led by
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Wallace, Roberts, & Todd (WRT).
The initial work surrounding this plan kicked off with meetings with City staff to identifying key needs that would come up during the outreach period and a tour of city sites that included parks and potential areas for development. From these meetings, the consultant developed a work plan and timeline to complete the deliverables set forth by the City Council and staff. The next step was to identify the key stakeholders for our community that would be integral in offering their experiences surrounding Parks, Recreation, and Open Space. These community members were formed into focus groups and asked to provide comments without City input to ensure transparency and comfortably.
The purpose of this staff report is to introduce and transmit the draft Master Plan, along with supporting documentation to facilitate the City Council review, feedback, and adoption of a final Master Plan.
Analysis
The Master Plan articulates a vision for improving the system of parks and open spaces in East Palo Alto based on robust community engagement and thorough analysis.
The planning process begun with a detailed needs assessment conducted by consultants, City staff, residents, and stakeholders to evaluate both individual parks and the system as a whole.
From the analysis and needs assessment process, several findings emerged that characterize the challenges and opportunities for East Palo Alto’s park system.
The Master Plan is divided into the following five sections:
1. Understanding East Palo Alto;
2. Community Priorities;
3. Needs Assessment;
4. Recommendations and Implementation; and
5. Design Guidelines.
Public Input
Since Summer 2021, the City, WRT, and other consultants have hosted several community meetings, held listening sessions, conducted a comprehensive survey, and implemented other efforts to better understand the community’s needs and desires with regard to future parks and recreation planning.
On March 22, 2022, the City Council and Planning Commission hosted a Joint Study Session on the Master Plan. Members of the City Council, Planning Commission, and community expressed their excitement about the progress of the Master Plan to date and provided feedback regarding additional recommended efforts to further involve the community.
Key Findings
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Through the multilingual engagement process, seven community priorities emerged:
1. Connect people to parks
2. Create diverse and inclusive parks
3. Promote public safety and sustainability
4. Celebrating the Bay
5. Activate East Palo Alto Parks
6. Improve Park operations
7. Grow Programming & Partnerships
Key Recommendations
Following the findings from this plan and priorities, there are several recommendations that were identified as action items. They have been laid out in the attached workplan (attachment 3), however the plan speaks to the following:
1. Improve safety in existing parks
2. Connect the community to shared schoolyards
3. Reduce critical gaps in park acreage through private development
4. Complements much needed housing without open space
5. Support Seniors with improved access to parks and programming
6. Provide design guidelines to ensure new parks meet community need
7. Promote equitable access to parks, trails, and open space
8. Enhance effectiveness of city services to residents
Next Steps
Staff developed a Workplan (Attachment 3) that serves as a supplemental document to the Master Plan. This document provides detailed action items that can be used to put the Master Plan into service by establishing principals and further direction for staff. There are no additional steps that need to be taken for these objectives and staff will return to Council at another time with recommendations on how Council can utilize this.
Fiscal Impact
There are no fiscal impacts associated with the City Council approving the Master Plan.
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Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.
Environmental
The proposed action is statutorily exempt from further environmental review requirements of the California Environmental Quality Act (CEQA) under Section 15262 “Feasibility and Planning Studies” Section 15262 provides that, “A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or Negative Declaration but does require consideration of environmental factors. This section does not apply to the adoption of a plan that will have a legally binding effect on later activities.” Consistent with this exemption, the plan is limited to a concept plan for possible future actions which the City Council of the City of East Palo Alto has not approved, adopted, or funded. The project is the first step toward improvement of the City’s various parks. The Plan will not have a legally binding effect on later activities. No design engineered plans have been prepared. The result of approval of the plan would be pursuing funding and does not commit the City to any specific project. Should funding be pursued and obtained, site-specific studies would be required to develop detailed designs beyond the conceptual level, which would at that time require complete environmental review pursuant to CEQA.
Attachments
1. 2023 Parks Master Plan Resolution
2. Draft Parks, Recreation, and Open Space Master Plan
3. Workplan
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RESOLUTION NO. XX – 2023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
ADOPTING THE PARKS, RECREATION, AND OPEN SPACE MASTER PLAN FOR
THE CITY OF EAST PALO ALTO THAT ASSESSES THE CITY-WIDE SYSTEM AND
PROVIDES STRATEGY AND RECOMMENDATIONS TO FUND, MAINTAIN,
IMPROVE, EXPAND, SECURE, CONNECT, PARTNER AND ADVOCATE FOR, AND CELEBRATE THE CITY’S PARKS.
WHEREAS, as part of the 2020-21 Priority Setting process, the City Council reinforced the importance of completing the City’s Parks, Recreation and Open Space Master Plan (Parks Master Plan). On November 6, 2020, staff issued a Request for Proposals (RFP) to identify a consultant to complete the plan and awarded the contract to Wallace, Roberts, & Todd (WRT) on March 2, 2021; and WHEREAS, since summer 2021, the City, WRT, and other consultants had hosted several community meetings, held listening sessions, conducted a comprehensive survey, and implemented other efforts to better understand the community’s needs and desires with regard to future parks and recreation planning; and WHEREAS, in March 2022, the City held a joint study session of the City Council and Planning Commission to discuss progress on the Parks Master Plan where members of the Council, Commission, and community expressed their excitement about the plans efforts to date and provided feedback regarding additional recommended efforts to further involve the community; and
WHEREAS, on February 28, the City and WRT completed their final community meeting during which the City obtained valuable feedback from the public and =after introducing a draft Master Plan, along with supporting documentation.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Finds the foregoing recitals true and correct and incorporated by reference into this action; and
2. Adopting the Parks Master Plan, which is incorporated by this reference.
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Packet Pg. 227 Attachment: 2023 Parks Master Plan Resolution (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for East Palo Alto) 2 of 2
PASSED AND ADOPTED this 4
th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
9.3.a
Packet Pg. 228 Attachment: 2023 Parks Master Plan Resolution (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for East Palo Alto)
EAST PALO ALTO
PARKS, RECREATION,
AND OPEN SPACE
MASTER PLAN
FINAL DRAFT
MARCH 24, 2023
EAST PALO ALTO
City of
California
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Packet Pg. 229 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 2 East Palo Alto Parks Master Plan
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Packet Pg. 230 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 3 ACKNOWLEDGMENTS
CONSULTANT TEAM
CITY OF EAST PALO ALTO
Melvin Gaines / City Manager
Patrick Heisinger / Former Interim City Manager
Humza Javed/ Public Works Director
Azalea Renfield / Assistant to the City Manager
Maurice Baker / Acting Community Services Manager
Planning Commission
Senior Advisory Committee
WRT
Prime Consultant / Planning / Urban Design / Engagement SFEI
Ecology + Public Health Technical Advisor
PROS
Recreation Programing + Operations
ENVIROCOM COMMUNICATIONS STRATEGIES
Strategic Engagement Lead
NUESTRA CASA
Local Community Engagement / Environmental Justice + Climate
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Packet Pg. 231 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 4 East Palo Alto Parks Master Plan
Acknowledgments ........................................................... 03 Executive Summary ......................................................... 06
1. Understanding East Palo Alto ...................................... 17
1.1 East Palo Alto in Context
1.2 The Role of Park Classifications
1.3 Existing Parks System
1.4 Assessment of City-Owned Facilities
1.5 Overview of Future Planning Efforts
2. Community Priorities ...................................................... 81
2.1 Community Engagement Plan
2.2 Engagement At A Glance
2.3 Community Workshops
2.4 Focus Groups
2.5 Engaging Hard to Reach Populations
2.6 Pop-up Events
2.7 Survey and Online Feedback
2.8 Community Priorities
3. Needs Assessment ....................................................... 99
3.1 General Plan Park Needs
3.2 Existing Park Needs
3.3 Community Priorities
3.4 Recreational Trends
3.5 Levels of Service
TABLE OF CONTENTS
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Packet Pg. 232 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 5 4. Recommendations & Implementation ........................ 117
4.1 Improving our Parks
4.2 Expanding our Parks
4.3 Recreation in our Communities
4.4 Capital Costs and Funding Opportunities
4.5 Operations, Park Maintenance and Staffing Proposals
5. Design Guidelines .......................................................... 215
5.1 Site Planning
5.2 Public Safety
5.3 Trail Design
5.4 Shared Schoolyards
5.5 Privately Owned Public Open Spaces
5.6 Parks & Stormwater Management
5.7 Urban Landscape Ecology
Appendix
A.1 Community Survey Summary
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Packet Pg. 233 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 6 East Palo Alto Parks Master Plan
EXECUTIVE SUMMARY
COMMUNITY ENGAGEMENT AT THE EPA PRIMARY SCHOOL
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Packet Pg. 234 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 7 A VISION FOR EAST PALO
ALTO’S PARK SYSTEM
The City of East Palo Alto (EPA) has compiled its
first-ever Parks, Recreation, and Open Space Master
Plan to guide its park improvements and growth
to an equitable and resilient future ahead. Through
robust engagement, the plan was developed to
evaluate the strengths and areas for improvement
of the existing parks, to prioritize the community’s
parks and recreation needs, and to recommend best
practices for future growth of parks in terms of capital improvements, recreational programming, funding,
and operations and maintenance practices. The
overall goal of the plan is to ensure that EPA residents can safely access parks and open space and that the
plan is reflective of the community’s vision for the
future.
Over the past year and a half, various groups including residents, coaches, recreation program leaders,
school officials, students, community elders, regional
parks managers, environmental justice advocates,
and others participated in many parks planning
conversations. These discussions emphasized the
proud and abundant history of local leaders and
organizations that have supported the community
over the years. This tradition continues today across
a range of parks and recreation organizations and
program providers that serve youth and seniors,
provide after-school academic support, distribute
fresh food, advocate for environmental justice, and
teach performing arts, among other initiatives. As the
City plans for its future, we acknowledge the strength
and resilience of our community. The strategies
and recommendations that have emerged from the
community engagement and parks and recreation
needs assessments highlight the importance of
continued partnerships and collaboration to provide
the highest level of service to the community.
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FIGURE ES-1:
EXISTING PARK ASSETS
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Today’s parks and recreation options in EPA are
rooted in local neighborhoods across the city. While
many parks are well-loved and well-used by some
users, there is a growing sense that many people
do not visit and may even avoid visiting their local
parks. Some have pressing safety concerns, while
others may be unfamiliar with existing offerings. There is a major deficit in park space overall in terms of
public park acreage, and there is a perceived service
gap between existing park amenities and citywide
community needs. In order to fill some of these gaps
in services, many of the existing park amenities, and
all the local recreation programs are provided by
private organizations and individuals. The Existing
Park Assets diagram highlights the full range of both
public and privately sponsored amenities provided
across the city.
FIGURE ES-2:
MEETING PARK NEEDS IN
EAST PALO ALTO
In recent years, and especially since the COVID
pandemic, many community members have taken a
renewed interest in parks. The City has undertaken
many initiatives, including new summer activities,
expanding senior program offerings, initiating
individual park master plans, and spearheading this
citywide roadmap for park improvements.
MEETING PARK NEEDS
The needs assessment for EPA parks is based on the
existing inventory, the unmet needs identified by the
community, and the acreage and inventory needed to
provide an effective parks system. The approach to
meet EPA’s park needs has four parts: improved and
expanded city parks, a shared use agreement with
the Ravenswood Unified School District, new park
opportunities in conjunction with private development,
and long-term land acquisition strategies.
1 2
3 4
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COMMUNITY PRIORITIES
Seven major community priorities for EPA parks
emerged through the multilingual engagement
process and are used as guiding principles to inform
the recommendations throughout the plan.
1 Connect People
to Parks
Ensure all EPA residents have safe
access to parks and open space, and
access to all facilities and programs.
2 Create Diverse &
Inclusive Parks
Celebrate the unique history of people
and place in EPA. Provide residents
with parks that are reliable, free, and
serviceable-for-all.
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Packet Pg. 238 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 11 3 Promote Public Health
& Sustainability
Establish and promote community
health through parks and open space,
reduce the impact of facilities on the
environment, and encourage sustainable
practices.
4 Reconnect the EPA community to the
Bay by enhancing and improving safe
and equitable access to all natural
preserves and resources.
Celebrate The Bay
Activate East Palo 5 Alto Parks
Provide programs and amenities that
reflect the desires and needs of the
community while improving safety and
energizing parks.
Improve Park 6 OperationsGrow Programming 7 & Partnerships Create new partnerships and
programming opportunities and
strengthen existing relationships with
local nonprofits and nongovernmental
organizations.
Maintain and improve park operations
by expanding and diversifying staff
resources.
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RECOMMENDATIONS
Recommendations developed in collaboration with
community members provide guidance for City
leaders and staff to define actions needed to achieve
the community’s goals. Although the City today
lacks the resources needed to implement all the
recommendations identified in the plan right away,
many of the goals are achievable through partnerships
and long-term strategies.
DESIGN GUIDELINES
Finally, in the Design Guidelines chapter, key design
opportunities and challenges identified as priorities
by the community are explored with guidance for
planners and designers responsible for implementing
successful parks in the City.
TOP PARKS MASTER PLAN OUTCOMES
1. Improves safety in existing parks
2. Connects the community to shared schoolyards
3. Reduces critical gaps in park acreage through private development
4. Complements much-needed housing without open space
5. Supports seniors with improved access to parks and programming
6. Provides design guidelines to ensure new parks meet community need
7. Promotes equitable access to parks, trails and open spaces
8. Enhances effectiveness of City services to residents The plan includes analysis and recommendations addressing the comprehensive parks and recreation needs of the community. Community Priorities are well documented. City leaders can champion this plan because it:
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MASTER PLAN
RECOMMENDATIONS
CONNECT SHARED
SCHOOLYARDS
IMPROVE EXISTING
CITY PARKS
DEVELOP NEW PARK
OPPORTUNITIES
1 2
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ENGAGEMENT AT A
GLANCE:
524 survey responses from
individual households in English and
Spanish
189 online comments and visions for
the future of parks and recreation
4 Pop-up Events Over 15 focus group meetings with
numerous groups and stakeholders
3 Community Workshops
2 City Council Meeting Presentations
BUILDING EQUITY
THROUGH ENGAGEMENT
It was critical for our team to hear from as many
people as possible while recommendations and
strategies were being developed. Community
members have the best local insight and creative
ideas for the fit their parks and open spaces. The
broad multi-lingual community engagement effort
was an exciting opportunity to learn about the history
of the park system in EPA and brainstorm future
needs and solutions tailored to the growing needs of
residents and families in the city.
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ENGAGEMENT EVENTS AROUND EPA PARKS
Pop-up events and Community Workshops
Community Priorities 15
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JOEL DAVIS MEMORIAL PARK
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1 17
UNDERSTANDING
EAST PALO ALTO
1.1 East Palo Alto in Context
1.2 The Role of Park Classifications
1.3 Existing East Palo Alto Parks System
1.4 Parks Assessment of City-Owned Facilities
1.5 Overview of Future Planning Efforts
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FIGURE 1-1:
REGIONAL PARKS SYSTEM
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East Palo Alto lies along San Francisco Bay on the
Peninsula. It is adjoined by the cities of Menlo Park,
Palo Alto, and unincorporated San Mateo County. EPA
is in the center of Silicon Valley, home to the world’s largest high-tech corporations and thousands of
startup companies.
The inequity between EPA and its surroundings can
be traced back to a history of racist housing policies
leading to segregation and disinvestment. The City’s
long time history as an unincorporated area hindered
development, as the city missed out on infrastructure
improvements and development capital for years.
Further, annexation of its land from Menlo Park and
Palo Alto lowered the tax base, and created longterm difficulties in funding essential community open spaces.
Despite these historical challenges, the City of EPA,
and its residents have risen above all obstacles and
have built an active and engaged community. EPA’s
residents care about their open spaces and share an
aspiration to develop a Parks Master Plan that will
improve public health, bring community equity in
access to parks, improve the environment, and better
prepare for climate change.
VIEW TOWARD SAN FRANCISCO BAY FROM COOLEY LANDING
1.1 EAST PALO ALTO IN CONTEXT
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FIGURE 1-2:
POPULATION DENSITY
Source: U.S. Census Bureau; American
Community Survey, 2019 American Community
Survey 5-Year Estimates, Table B01003
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DIVERSE PEOPLE AND
NEIGHBORHOODS
Historically EPA has always been a diverse city. The
land where East Palo Alto is today was originally home
to Ohlone and Costanoan Indigenous communities
and later to Spanish ranchers who used the land for
agricultural purposes. During the period between
industrialization and World War II, the city had large
Italian and Japanese populations that contributed
to EPA’s growing flower economy. The 1950’s saw
a boom of middle-class Caucasian and AfricanAmerican residents looking for housing. As the city approached the new millennium, tremendous
population growth occurred, primarily led by the
Hispanic/Latinx community.
Today, according to 2019 American Community
Census, EPA is an ethnically diverse city, with
Hispanics/Latinx, African American’s, and Pacific
Islanders making up more than half of the population
and contributing to the remarkable diversity in the city.
The city has a sizable young population, with over
a quarter of residents under 18 and close to half
between 18 and 44, making the need for parks and
open space ever more important.
EPA is a dense community in relation to many of
its neighbors: 11,880 people per square mile, in
comparison to Palo Alto, which has a density of
2,871/square mile and Menlo Park with a density of
3,473/square mile. Given this high concentration of
people and the number of large multi-generational
households, the need for accessible park and open
space are especially needed.
RACE AND ETHNICITY
Source: U.S. Census Bureau; American Community Survey, 2019 American Community Survey 5-Year Estimates, Table B02001 AGE
Source: U.S. Census Bureau; American Community Survey, 2019 American Community Survey 5-Year Estimates, Table B01001 White Under 18 Years Old
Asian
Black or African American 18 to 44 Years Old
Native Hawaiian and Other
Pacific Islander 45 to 64 Years Old
American Indian and
Alaska Native
Hispanic and Latino Over 65 Years Old
Other Race
Two or More Race
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FIGURE 1-3:
MEDIAN HOUSEHOLD INCOME
Source: U.S. Census Bureau; American Community Survey,
2019 American Community Survey 5-Year Estimates, Table
B19013
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A RESILIENT COMMUNITY
Given its history as an unincorporated community,
the City of EPA primarily had relied on San Mateo
County for many of its resources and support. After
its incorporation in 1983, the City struggled to stay
afloat financially as it faced revenue issues and
funding shortages. The city’s history of poverty and
inequality can be traced back to numerous housing
and real estate policies that fostered the segregation
of minority communities into EPA and concentrated
poverty in one area of the region.
Explicitly discriminatory policies such as redlining
made it hard for residents to get loans for
homeownership or maintenance of existing properties.
Other actions such as blockbusting, where African
American’s were introduced into previously white
neighborhood to spark rapid white flight exacerbated
segregation in EPA. The construction of the
Bayshore Freeway (Highway 101) in 1962 further split
communities apart by creating a physical barrier.
These cycles of disinvestment fostered by the policies
mentioned above combined with the growing drug
epidemic of the 1980’s led to historic problems of
violence and crime in EPA. These are some of the
reasons why we see dramatic disparities between
the City of EPA and its neighbors, as Figure 1
demonstrates with median household income.
EPA has made tremendous strides over the last 30
years and continues to be a beacon of hope, progress,
and resilience. The city has seen considerable crime
reduction and major improvements have been made
due to the strong City leadership and a plethora of
organizations and faith-based groups working to
improve the livelihood of EPA residents.
HIGHWAY 101 BIFURCATES THE EAST PALO ALTO COMMUNITY FROM ITS NEIGHBORS Source: Embarcadero Media file photo by Veronica Weber
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FIGURE 1-4:
TREE CANOPY
COVERAGE
Source: USDA 2018 Urban Canopy Data
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TREE CANOPY AND
COVERAGE
Trees are an important part of the city’s infrastructure, benefiting the community by making the urban
environment cleaner, cooler, more attractive, and
healthier. Trees can reduce air pollution, which in turn can reduce rates of cardiovascular and pulmonary
disease and asthma (McDonald et al. 2016; Ulmer et
al. 2016). The urban forest can also cool the city and
generate shade, improving human thermal comfort
and reducing the risks of heat-related injury and
death (McDonald et al. 2016; Eisenman et al. 2021;
Graham et al. 2016). Trees improve neighborhood
walkability and promote greater physical activity and
active transportation, which has cascading benefits
for health, including reduced rates of obesity and
associated conditions (Ulmer et al. 2016; Eisenman
et al. 2021). The urban forest has also been shown
to significantly reduce stress, fatigue, confusion,
anger, anxiety, and depression, and promote greater
cognitive restoration and vitality (Elsadek et al. 2019; Wolf et al. 2020). Tree canopy cover between 25%
and 50% has been shown to have the greatest level
of stress reduction benefits (Jiang et al. 2014; An et al. 2004).
The City of East Palo Alto currently has about 13.5%
tree canopy coverage, and is pursuing a goal of
reaching 20% tree canopy cover by 2062 (Urban
Forest Master Plan, pending adoption). The city’s
parks currently have between 7% and 36% tree
canopy cover, lower than the average 37% tree canopy
cover found in neighboring Palo Alto’s parks. Martin
Luther King Jr. Park has particularly low tree canopy
cover at only 7%, which is partially explained by its
location near the Baylands tidal marsh. Increasing
tree canopy cover in this park could be achieved by
restoring areas of native willow groves to create a
transitional space between the marsh and the city,
generating valuable wildlife habitat and environmental
services for neighboring communities.
TREE CANOPY COVER BY NEIGHBORHOOD
Source: SFEI, Urban Forest Master Plan
TREE CANOPY COVER BY PARK
Source: SFEI, Urban Forest Master Plan
Jack Farrell
Park
36%
25%
25%
Acres
Bell Street
Park
Joel Davis
Park
Martin
Luther King
Jr. Park
7%
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FIGURE 1-5:
URBAN HEAT
Source: SFEI. USGS Earth Explorer. Landsat
8 Provisional Surface Temperature. Landsat
Analysis Ready Data.
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URBAN HEAT
Extreme heat is a growing concern in cities due to
increases in the number and frequency of heat waves
with climate change, exacerbating the already warmer
conditions found in urban areas compared to rural
areas—a phenomenon known as the urban heat island
effect. Even in regions with relatively cool climates,
heat waves can be deadly for unprepared residents
(Graham et al. 2016). In addition to the availability of technological and social solutions, such as access to
air conditioning and cooling centers, the design of a
city can help reduce the risk of extreme heat events
for residents.
Parks can provide an escape on hot days, and can
even cool temperatures in surrounding areas. Larger
parks are the most impactful, with parks larger than
5 acres in size providing some cooling benefits
and parks more than 30 acres in size consistently
acting as cool islands (Cao et al. 2010, Chang et al.
2007, Wang et al. 2018). Trees also play an important
role in keeping cities cool by providing shade and
generating evaporative cooling. Even small parks can
be significantly cooler than surrounding streets when
they have enough tree canopy cover (Lin et al. 2017,
Sodoudi et al. 2018). Furthermore, providing shade
over playgrounds and parks can protect children from
harmful heat and UV exposure (Olsen et al. 2019).
Because of the city’s low tree canopy cover, few parks, and high impervious cover, East Palo Alto residents
have few natural escapes from extreme heat events.
As the average global climate warms in the coming
decades, the region is expected to experience more
frequent high-heat days, which greatly increases the
risk of heat-related illness and worsening pre-existing conditions for vulnerable residents.
CANOPY COVERAGE IN EPA PARK STREET WITH LITTLE CANOPY COVERAGE Source: Google Earth
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FIGURE 1-6:
SEA LEVEL RISE
Source: 2017 ART Bay Area Sea Level Rise Data
- MHHW +77”
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SEA LEVEL RISING AND
FLOOD HAZARD
As greenhouse gas emissions continue to increase,
sea level rise projections pose a significant economic, environmental, and social risks to communities along
the San Francisco Bay Shoreline. Sea level along
the U.S. coastline is projected to rise, on average,
10-12 inches in the next 30 years. By 2050 flooding
is expected to occur, on average, more than 10 times
as often as it does today (NOAA). One third of the
City’s area has been designated by the Federal
Emergency Management Agency (FEMA) as Special
Flood Hazard Area, EPA will continue to be exposed
to sever flooding and coastal inundation, particularly
for residents near the mouth of the San Francisquito
Creek.
The County of San Mateo’s Sea Level Raise
Vulnerability Assessment noted that nearly 60%
of EPA’s population is susceptible to sea level rise.
A particularly high risk of flooding and permanent
inundation, storm surges, and saltwater intrusion to
groundwater resources will adversely affect residents.
The report also noted that approximately 66% of EPA’s
protective shoreline infrastructure is vulnerable and
34% of local roadways may be affected in the event of
a flood in the mid-level scenario.
Several projects are underway to better protect
residents of EPA from rising tides. A new, high levee
that will be separating a portion of the city from the
San Francisquito Creek has been under construction
and should replace the old levee entirely by 2030.
The San Francisquito Creek Joint Powers Authority
is leading The Strategy to Advance Flood protection,
Ecosystems and Recreation along the San Francisco
Bay (Safer Bay), that aims to protect against a sea
level increase of up to ten feet about today’s daily
high tide. Phase 1 of the project is being implemented
in EPA and Menlo Park, it will protect almost
1,6000 properties, and will enable restoration of
approximately 600 acres of marsh.
1998 FLOODS IN EAST PALO ALTO
Source: Teodros Hailye - KQED
SAN FRANCISQUITO CREEK BY EAST PALO ALTO
Source: Veronica Weber - Palo Alto Online
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FIGURE 1-7:
HISTORICAL ECOLOGY
Source: SFEI.
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HISTORICAL ECOLOGY
The area now known as East Palo Alto is the
homeland of the Ramaytush Ohlone tribe known as
the Puichon. The Puichon lived along and around
the lower San Francisquito Creek and lower Stevens
Creek (Milliken et al. 2009). One Puichon village
named Ssiputca was situated at the mouth of the San
Francisquito Creek, likely near today’s Ravenswood
neighborhood of East Palo Alto (Milliken 1983).
Before Euro-Americans colonized the region in the
late 18th and early 19th centuries, East Palo Alto’s
landscape was characterized by a mix of woodlands,
savannas, and seasonal wetlands, fringed by a
vibrant tidal wetland (Figure XX). Most of the area
was composed of wet meadows and possibly alkali
meadows. Wet meadows and alkali meadows are
both seasonal wetlands, where soils are saturated
and support low-lying wetland vegetation throughout
the wet season. These seasonal wetlands were found
across much of East Palo Alto’s lowlands because of
its fine soils and high water table.
Alongside these seasonal wetlands, willow groves
occupied much of the city’s low lying land adjacent
to the tidal Baylands. Today’s Gardens neighborhood
of East Palo Alto contained the largest willow grove,
spanning 140 acres. Willow groves are densely
forested areas associated with high groundwater,
dominated by arroyo willow (Salix lasiolepis)
intermixed with a diversity of other moisture-loving
trees and shrubs.
On the drier soils towards the inland portion of the
city, the landscape was dominated by oak woodland
and oak savanna. Coast live oak (Quercus agrifolia)
dominated East Palo Alto’s historical oak woodlands,
with valley oak (Q. lobata) frequently interspersed.
Along the San Francisquito Creek in particular, a
wide variety of other riparian tree species were also
commonly found among the oaks. In contrast to these
densely forested oak woodlands, oak savannas were
more open with oaks dotting a grassy landscape.
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COMMUNITY HISTORY
1500
BCE
1850S 1932
1900S
1940-
60S
European Settlement
Agriculture And Ranching
Expansion
Construction of
Highway 101
Native Inhabitants
- Ohlone
Exclusionary
policies
shape racial
segregation
across the region
Housing expands
in the area
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1993
1983 2000
2007
2004 2021
City of East Palo Alto
is incorporated.
Boys & Girls
Club
Current YMCA
facilities built.
Jack Farrell Park
Renovation
Martin Luther
King Jr. Park
Renovation
City of East Palo Alto
begins first-ever Parks
Master Planning Process.
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BUILDING ON OTHER
PLANS
2035 GENERAL PLAN
The update to the General Plan, adopted in 2016,
represents a long-term vision for the physical,
economic, and social growth of the City of EPA.
Major strategies were identified by the community
through extensive community engagement process.
This Plan update seeks to respond to growing socioeconomic and demographic changes, update policies for land use, transportation, infrastructure, and quality of life, incorporate the vision and policies for the
implementation of the Ravenswood/4 corners TOD
Specific Plan, amongst others.
As it relates to the future Parks Master Plan, synergies include goals to implement citywide greening through
the expansion of the urban forest, greening public
spaces, drought-tolerant planting, protecting habitat.
Fostering a safe and healthy community through
active transportation, access to parks, healthcare,
and healthy foods. The General Plan highlights major
opportunities for increased park acreage through the
Ravenswood/ 4 Corners TOD Specific Plan, improved
access to the Don Edwards SF Bay National Wildlife
refuge and other connections to the Bay Trail.
RAVENSWOOD/ 4 CORNERS TOD
SPECIFIC PLAN
The Ravenswood/ 4 Corners “transit oriented
development” plan arose out of extensive community
input and engagement from 2009 through 2011. The
plan area, which encompasses 350 acres, has the goal
of successfully turning into a thriving district that will provide places for EPA residents to have access to
housing, employment opportunities, and additional
parks and open space. The document serves as the
primary reference and guide for future development
and redevelopment of the area.
The largest open space expansion to be undertaken
in East Palo Alto is found within the Ravenswood/ 4
Corners district, therefore it was fundamental for the
Consultant Team to understand community design
goals and developments planned within the district.
A key part of the open space vision is a network
of public amenities available to residents, workers,
and visitors. Community members desire enhanced
protection of access and views to the bay, improved
circulation within the district, and the creation of Bay Road as the spine and “heart” of East Palo Alto.
FINAL CLIMATE ACTION PLAN
The East Palo Alto Climate Action Plan (CAP), creates
a high-level roadmap document and framework of
actions the City of EPA can take to reduce greenhouse
gas emissions. The CAP provides a prioritized list of
measures for the city. As it relates to parks and open
space, the CAP brings forth actions that overlap with
goals of the Parks Master Plan. For example;
• Promoting water efficiency, which may be linked
to long-term park improvements connected to lowimpact development standards. • Supporting efforts to plant more trees in EPA, also
tied to the Urban Forest Master Plan.
• Developing a master pedestrian and bicycle plan
to promote walkable streets, bike lanes, and bike
parking, to better connect residents to parks and open
space.
Lastly, the CPA recommends the continued
implementation of the Ravenswood/ 4 corners TOD
plan.
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SAN MATEO COUNTY
COMPREHENSIVE BICYCLE AND
PEDESTRIAN PLAN
The 2021 update to the Countywide Bicycle and
Pedestrian Plan (CBPP) provides a framework to help
City/County Association of Governments to improve
walking and bicycling conditions within the county.
The goal of the plan is to make biking and walking
safer and more comfortable for all, and improve
health, accessibility, and livability throughout the
county.
Within EPA the plan identifies several major streets
within the city that as good candidates for complete
street/multimodal improvement projects. These
include Bay Road, University Avenue, and Woodland
Avenue, which all provide access and connections to
existing and future parks.
URBAN FOREST MASTER PLAN
The Urban Forest Master Plan intends to support
the City in effectively managing and improving their
urban forest infrastructure. The City if EPA is facing
numerous environmental challenges such as increase
flooding, heat risks, health disparities, and limited
potable water. Planning for a robust urban forest can
address these numerous concerns.
The goals of the plan include, growing canopy
coverage to 20% by 2062 and 30% by 2122, defining
responsibilities and improving maintenance practices,
and lastly, connecting with engaged and informed
community members to provide stewardship for the
urban forest. The Parks Master Plan seeks to align
with the Urban Forest Master Plan and support
and encourage canopy growth through new park
acquisitions and existing park improvements.
SAFER BAY PROJECT
The San Francisquito Creek Joint Powers Authority
(SFCJPA), is a regional government agency founded
by several mid-peninsula cities that plans, designs,
and implements capital projects to reduce flood
threats, enhance ecosystems, create recreational
opportunities, and connect communities.
SFCJPA is leading the Strategy to Advance Flood
protection, Ecosystems and Recreation along the San
Francisco Bay (SAFER Bay) Project, an initiative that
aims to reduce the risk of flooding within the cities of East Palo Alto and Menlo Park. The project will enable
adaptation to our changing climate by utilizing tidal
marsh areas for flood protection in a way that sustains marsh habitat and facilitates marsh restoration. The
project seeks to expand opportunities for recreation
and community connectivity in collaboration with the
Bay Trail Program and efforts to enhance local trails
and connections.
There is tremendous synergy between the SAFER Bay
Project and the EPA Parks Master Plan as numerous
opportunities for park growth exist within the reach of the project. Making sure there is alignment between
community desires and aspirations for open space
and climate change preparedness, adaptation, and
resilience will be fundamental to The Plan.
9.3.b
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Packet Pg. 265 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 38 East Palo Alto Parks Master Plan
UNDERSTANDING THE ROLE OF PARKS
1.2 PARK CLASSIFICATION
COMMUNITY PARKS
NEIGHBORHOOD PARKS
POCKET PARKS
Community parks are larger parks that serve the recreational and open space needs of the broader community. These parks may contain athletic courts, aquatic amenities, playground, walking paths, picnic areas and various other active and passive amenities depending upon community needs and site suitability.
Community parks are appropriate for special facilities like event spaces, community centers and indoor recreation complexes. They usually serves two or more neighborhoods within a one-half mile to over three miles radius which is why amenities like parking lots and restrooms should be included.
Neighborhood parks fulfill the daily recreation needs of residents within one-half to one-mile walking distance. The primary recreation use is informal leisure and free play. These are limited active recreation in these parks such as hard surface playing courts (basketball, tennis, etc.), multipurpose sports fields and playgrounds.
Passive recreational amenities such as picnic benches, trails, informal play areas and nature areas dominate these parks. Amenities like restrooms, if added, will make these parks more accessible to all age groups.
Pocket Parks serve a concentrated population area and provide for the limited recreation needs of residents. Their primary use is informal leisure and free play. The recreational amenities that can be provided will be restricted by the size and configuration of the park. Examples of amenities could include a playground, benches, picnic tables, gazebos, turf areas for free play, etc. They typically serve an area within a quarter-mile radius.
Each park type within East Palo Alto’s park and open space system presents different design, planning, and recreation opportunities, as outlined in the following section. These guidelines should be used in tandem with Chapter 5, Design Guidelines.
9.3.b
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SCHOOL YARDS
OPEN SPACE AND TRAILS
School yards provide joint-use amenities and access to active amenities like sports courts as well as playgrounds. This helps fill service gaps for neighborhood or community parks in the system.
Open Spaces are areas with few or no built amenities that provide natural areas for passive recreation. These parks may have a trail, picnic tables and benches, but are dominated by open areas.
Park trails are multipurpose trails that provide safe and readily accessible connections between neighborhoods and other City parks. They encourage walking, jogging, bicycling and other forms of non-motorized recreational travel by connecting people to where they need to go, helping make exercise a daily part of people’s routines.
SPECIAL USE PARK/FACILITY
Special Use Parks include spaces that do not fall within a typical park type and usually serve a single purpose. These sites can be either stand-alone (i.e. not located within a Pocket Park, Neighborhood Park, Community Park, Regional Park, Greenbelt/Trail, or Open Space/Natural Area) or may be located within another park (typically found at Community or Regional Parks).
9.3.b
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FIGURE 1-8:
EXISTING CITY-OWNED
PARKS & PARK SPACES
9.3.b
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CITY-OWNED PARKS &
SCHOOL FACILITIES
CITY-OWNED PARKS
1. Jack Farrell Park
2. Pocket Park at Newbridge
3. Bell Street Park
4. Joel Davis Memorial Park
5. Martin Luther King Jr. Park
6. Cooley Landing
EPA’s parks system reflects its unique history, culture, climate, and geography. Each individual park is an
important asset to the city and the surrounding
community. The parks and open space system is
diverse and spaced throughout the community, with
six individual City-operated parks making up 23
acres of open space, the San Francisco Bay Trail, the
Ravenswood Open Space Preserve, and the Baylands
Nature Preserve. This network of parks, open spaces,
and trails can be understood as an entire system.
Before planning for the future, it is fundamental to
understand how the park system currently functions
and how it serves its users.
1.3 TODAY’S PARK SYSTEM
MARTIN LUTHER KING JR. PARK
9.3.b
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FIGURE 1-9:
EXISTING SCHOOLS &
SCHOOL FACILITIES
9.3.b
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SCHOOL FACILITIES
1. Costano Elementary School
2. Cesar Chavez Ravenswood Middle
School
3. Eastside College Preparatory School
4. East Palo Alto Academy
5. Los Robles Ronald McNair Academy
6. East Palo Alto Charter School
7. KIPP Esperanza High School
School facilities and the open space and amenities
found within them make up an important part of
the open space network in the City of EPA. The
Ravenswood City School District manages five district
run sites, and two charter schools. It also collaborates with several local organizations such as the Boys and
Girls Club of the Peninsula and The Primary School.
The School District also manages large areas of open
space in the city.
Sports and athletic facilities managed by The
Ravenswood City School District contribute
significantly to recreation in EPA for children and
youth. Currently there is no joint-use agreement
between the school district and the City that
designates community use at school recreational
facilities, but this will be a recommended strategy for the future.
C0STANO ELEMENTARY SCHOOL
Source: Boys and Girls Club of the Peninsula
9.3.b
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FIGURE 1-10:
OTHER RECREATIONAL
ASSETS
9.3.b
Packet Pg. 272 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Understanding East Palo Alto 45
OTHER RECREATIONAL
ASSETS
INDEPENDENT RECREATION
FACILITIES
1. Rich May Memorial Field
2. Lewis and Joan Platt East Palo Alto
Family YMCA
3. Boys and Girls Club
EXISTING PRIVATELY-OWNED,
PUBLICLY ACCESSIBLE PARKS
4. Boom Pop-up Park
5. Bridge Pop-up Park
The City of EPA has several additional recreational
assets managed by independent entities that
complement the existing park systems. These spaces
are valuable and well-used by EPA residents and
visitors.
The Rich May Field was created to honor the life
of officer Rich May and is run by the Rich May
Foundation. The field gives young athletes in EPA a
world-class athletic field to practice and compete
equal to those across the highway in Menlo Park
and Palo Alto. The Lewis and Joan Platt EPA Family
YMCA and the Boys and Girls Club provide additional
recreational amenities and numerous programs for
residents of EPA to participate in at low costs.
Small privately ran pop-parks, such as Boom Pop-up
Park, and Bridge Pop-up Park transformed 0.7 acres
of vacant land in EPA’s Woodland Park neighborhood
into lively spaces for residents to enjoy the outdoors.
Woodland Park Communities have partnered with
EPA’s YMCA to provide exercise classes and host
community events.
BOOM AND BRIDGE POP-UP PARKS
Source: SiteLab Urban Studio
9.3.b
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FIGURE 1-11:
TRAILS & BIKE NETWORK
Access to the Bay
Trail via Rutgers St
is currently blocked
9.3.b
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TRAILS & OPEN SPACE
A successful park system is connected to its
community by safe and well-defined routes that offer
mobility choices to its residents. This can include
walking, biking, transit, and vehicular options. The
San Mateo County Comprehensive Bicycle and
Pedestrian Plan provides a framework to help the
City of EPA improve walking and bicycling in the city.
Here we map existing bike lane networks within the
city in relation to the existing park system. Bell Street, the Pocket Park, and Jack Farrel Park are connected
by existing bike networks. Possibilities to create
additional connections to Martin Luther King Jr. Park
and Joel Davis Memorial Park exist.
Trail networks are also an important part of a park
system, these spaces connect people to different
attractions, commercial areas, cultural landmarks, or
recreational elements. Trails are intended to be used
for leisure, exercise, and commuting purposes. The
San Francisco Bay Trail outlines the Bay side of EPA
and accommodates pedestrian, bicycle, and other
non-motorized activities. Our map shows where
access to the San Francisco Bay Trail is accessible
and inaccessible within the community.
BAY TRAIL BY COOLEY LANDING RAVENSWOOD OPEN SPACE PRESERVE Source: Lance Chen via Google Images
9.3.b
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FIGURE 1-12:
EXISTING PARK SERVICE
AREAS
9.3.b
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COMPOSITE OF PARK
SERVICE AREAS
This composite map of existing park services area
shows access within ½ mile and a ¼ mile to existing
city-owned parks, privately-owned publicly accessible
parks, and school facilities. This map demonstrates
that there is decent access within a ½ and a ¼ of a
mile to most residents in EPA.
There are clear areas where there are gaps and a lack
of access appears, primarily within the neighborhoods
of Weeks, Kavanaugh, Willow, and Woodland Park.
EAST PALO ALTO ACADEMY
Source: CAW Architects
POCKET PARK AT NEWBRIDGE
9.3.b
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FIGURE 1-13:
EXISTING PARK ASSETS
9.3.b
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COMMUNITY PARK
ASSETS
This composite map combines all of the community
park assets in EPA regardless of ownership. It shows
privately-owned parks, private recreation facilities,
City-owned park assets, and school facilities. It also
shows all available amenities throughout the city, from soccer fields to basketball courts. This map is useful, as it shows the congregation of amenities throughout
the city and their ownership. It helps to see where
gaps exists and where improvement can be made.
JACK FARRELL PARK EPA YMCA
Source: Carrasco Associates
5 3
3 1
7 1
1 1
1 2
9 1
5 7
9.3.b
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The EPA parks system has six existing parks of varying
sizes and programs, each one plays a specific role
within the park system.
Jack Farrell, Joel Davis, and Bell Street Park are all
general use parks with a variety of programming,
including playgrounds and multi-use lawns. There is a
range of amenities that serve all different age groups.
Two are within a residential setting, but the size of
these parks can accommodate users from all over the
East Palo Alto community.
The other three parks, Cooley Landing, Pocket Park at
Newbridge, and Martin Luther King Jr. Park, all have
different specific uses. Cooley Landing and Martin
Luther King Jr. Park are gathering places, the former
for events, trail access, and wildlife viewing while
the latter for active recreation and sports fields. The Pocket Park at Newbridge is not a gathering place but
a small landing place as people commuted by bus or
walked through the neighborhood.
Overall, parks had ample seating, mature shade
trees, well maintained lawns, and trash was removed.
There were many users at each park, including those
using the walking loop at Jack Farrell Park, volunteers at Cooley Landing, and YMCA campers on the
playground at Bell Street Park.
Parks also showed challenges, most restrooms were
locked and not accessible, though this is potentially
part of a COVID restriction. Signage or messaging was
JOEL DAVIS MEMORIAL PARK
1.4 ASSESSMENT OF
CITY-OWNED FACILITIES
9.3.b
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TABLE 1-1: PARK ASSESSMENTS OVERVIEW
Park ID Park Name
Park
Classification
(Recommended by
WRT)
Park Area
(Acre)
Park
Assessment
Score
1 Jack Farrell Park Community Park 3.73 Fair: 2.9
2 Pocket Park at Newbridge Pocket Park 0.14 Good: 3.9
3 Bell Street Park Neighborhood Park 2.56 Poor: 1.9
4 Joel Davis Memorial Park Neighborhood Park 1.94 Good: 3.5 5 Martin Luther King Jr. Park Community Park 5.49 Fair: 2.7 6 Cooley Landing Regional Park 10.02 Great: 4.2
Poor: 1-2 points Fair: 2.1-3 points Good: 3.1-4 points Great: 4.1-5 points not strong to communicate to when the restrooms
would be open. Wayfinding signage was not adequate,
especially with connections to the Bay Trail. In all
parks, there is a need for clear, welcoming accessible
entrances to invite the community in to the public
space.
9.3.b
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Basketball Court
Playground
Baseball Fields
Walking Loop
Lighting
Bike Racks
Picnic Area
Restroom
Fitness Equipment
MAJOR AMENITIES
1. JACK FARRELL PARK
ADDRESS: 2509 Fordham street
SIZE: 3.73 Acres
PARK TYPE: Community Park
0 100 200 ft
±
9.3.b
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2.9 POINTS
FAIR
ACCESS + CONNECTIVITY
CONDITION + FUNCTIONALITY
MAINTENANCE
TRAILS
SAFETY + COMFORT
=
Edge Permeability
Signage, Maps, and City Branding
ADA Accessibility
Presence of Crosswalks Signals
Sidewalks and Surrounding Circulation
2 2
1 3
3 4
4 3
4 3
2 2
3 3
3 3
4 2
1 4
5 2
5 3
4 4
3 2
5 4
2 3
4 Diversity of Uses
Paving Conditions
Vegetation Condition
Tree Canopy Coverage & Condition
Restroom/ Building Condition
Adjacent Derelict Features
Evidence of Illicit or Unauthorized Use
Traffic Calming Measures Around Park
Line of Sight / Openness
Level of Activation
Broken or Vandalized Park Elements
Availability of Trash Cans
Available Bike Facilities
Directional Signage
Path Connectivity Within Park
Sufficient Parking
Nearby Bike Lanes and Bike Parking
Public Transportation Nearby
Playground Condition
Recreational Amenities Condition
Lighting Condition
Furnishing Condition
Security Presence
Ease of Navigation
Nighttime Safety
Mitigation of Surrounding Views/ Noise
Variety of Vegetation
Vegetation Maintenance
3.0 POINTS
3.6 POINTS
2.9 POINTS
3.5 POINTS
1.5 POINTS
Poor: 1-2 points Fair: 2.1-3 points Good: 3.1-4 points Great: 4.1-5 points
9.3.b
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1. JACK FARRELL PARK
A DIVERSE MIX OF USES IN ONE PARK: SPORTS, ART, PICNIC, AND WALKING LOOP, ALONG
WITH ADEQUATE SUPPORT FEATURES
Jack Farrell Park sits low in a basin under mature
shade trees, surrounded by residential areas. One
side is open to the street, while the three other three sides are lined with fences to separate the park from
backyards. The site is easily navigated and there was
a steady stream of residents taking a walk around the
loop.
Its program consists of mostly active recreation
features, including ball fields and a perimeter walking loop, alongside a playground and dispersed picnic
areas. There are murals on the walls lining the south
side of the park, adding art into the EPA park system.
SUCCESSES
• New fitness equipment donated by All-Pro
Wide Receiver Davante Adams
• Amenities, including sports facilities and the
playground, are all maintained and in good
condition, including restrooms.
• The murals are a distinctive feature and could
potentially be expanded to other vertical
surfaces around the park to highlight the talent
and culture within EPA.
• A robust tree canopy provides plenty of shade
in the daytime and the abundance of light
poles makes the park safe for nighttime use.
• The baseball field is well-maintained but
replacing the outfield fence with a retractable
fence would allow for a greater variety of
recreational uses.
CHALLENGES
• Existing access to the site is difficult, especially
at the entrance at Fordham Street, parking
spaces are typically full. The entrance is
regularly chained off to keep cars from driving
into the park, a measure meant to enhance
safety but impedes the main accessible
entrance.
• Around the perimeter of the park, areas of the
fence have been broken for people to access
the park from adjacent neighborhoods. There
are signs of vandalism on the murals and a few
adjacent buildings are in disrepair.
• Fordham Street is a busy street with several
bus stops. In front of the park, traffic calming
measures could enhance the safety for park
goers and commuters alike.
• Some slopes are bare and need to be planted
to avoid erosion. The low elevation of the
park may also be an issue but could be an
opportunity for implementing stormwater
management measures.
9.3.b
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POPULAR WALKING LOOP, AMPLE LIGHTING, & SHADE
TREES
FENCING BROKEN AS PEOPLE TRY TO ACCESS THE
PARK FROM THE SURROUNDING NEIGHBORHOOD
WELL MAINTAINED AMENITIES, INCLUDING BASEBALL
FIELD AND PLAYGROUND
ACCESSIBLE ENTRY USUALLY CHAINED OFF
See
Chapter 4.1
for Park
Recommendations
9.3.b
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MAJOR AMENITIES
Benches
Lighting
Bike Racks
2. POCKET PARK AT NEWBRIDGE
ADDRESS: Bay road and Newbridge street
SIZE: 0.14 Acres
PARK TYPE: Pocket Park
0 50 100 ft
±
9.3.b
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3.9 POINTS
GOOD
ACCESS + CONNECTIVITY
CONDITION + FUNCTIONALITY
MAINTENANCE
TRAILS
SAFETY + COMFORT
=
Edge Permeability
Signage, Maps,and City Branding
ADA Accessibility
Presence of Crosswalks Signals
Sidewalks and Surrounding Circulation
4 3
3 3
4 4
5 4
5 5
2 4
3 4
5 3
3 4
4 4
3 5
5 2
5 4
Diversity of Uses
Paving Conditions
Vegetation Condition
Adjacent Derelict Features
Evidence of Illicit or Unauthorized Use
Traffic Calming Measures Around Park
Line of Sight / Openness
Level of Activation
Broken or Vandalized Park Elements
Availability of Trash Cans
Accessible by Bike Route
Available Bike Facilities
Path Connectivity Within Park
Sufficient Parking
Nearby Bike Lanes and Bike Parking
Public Transportation Nearby
Tree Canopy Coverage & Condition
Lighting Condition
Furnishing Condition
Security Presence
Ease of Navigation
Nighttime Safety
Mitigation of Surrounding Views/ Noise
Variety of Vegetation
Vegetation Maintenance
4.0 POINTS
4.2 POINTS
3.8 POINTS
4.5 POINTS
3.0 POINTS
Poor: 1-2 points Fair: 2.1-3 points Good: 3.1-4 points Great: 4.1-5 points 5 5
4 5
9.3.b
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2. POCKET PARK AT
NEWBRIDGE
NICE SHADE TREES WITH LAWN AREA
Wedged into the corner at Newbridge Street and
Bay Avenue, the Pocket Park at Newbridge provides
a green space adjacent to a SamTrans bus stop. The
adjacent roads have bike lanes for easy access. It
is not a gathering place, but it provides a respite
between the busy streets and its scale is appropriate
for people to wait for their bus. People are consistently coming and going from the bus stop, so the park sees
a lot of use.
SUCCESSES
• The park is neatly defined and clean.
• Sufficient lighting and seating.
CHALLENGES
• Crossing from the other sidewalks to and
from the park can be difficult, with awkwardly
placed crosswalks at the top of the triangle
that occurs at a bend in the road.
9.3.b
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POPULAR WALKING LOOP, AMPLE LIGHTING, & SHADE
TREES
EXCESS TRASH, ENCAMPMENT, AND LACK OF DEFINED
PATHWAYS
WELL MAINTAINED AMENITIES, INCLUDING BASEBALL
FIELD AND PLAYGROUND
ENTRY PROMENADE HARD TO FIND FROM STREET
See
Chapter 4.1
for Park
Recommendations
9.3.b
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MAJOR AMENITIES
Skate Park
Playground
Lighting
Bike Racks
Picnic Area
Shade Structure
MAJOR AMENITIES
3. BELL STREET PARK
ADDRESS: 2159 University Avenue
SIZE: 2.56 Acres
PARK TYPE: Neighborhood Park
0 100 200 ft
±
9.3.b
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1.9 POINTS
POOR
ACCESS + CONNECTIVITY
CONDITION + FUNCTIONALITY
MAINTENANCE
TRAILS
SAFETY + COMFORT
=
Edge Permeability
Signage, Maps,and City Branding
ADA Accessibility
Presence of Crosswalks Signals
Sidewalks and Surrounding Circulation
1 2
1 2
2 1
2 2
3 1
1 1
1 2
3 1
1 3
3 1
1 1
3 4
4 2
2 1
1 2
1 2
2 3
Diversity of Uses
Paving Conditions
Vegetation Condition
Tree Canopy Coverage & Condition
Restroom/ Building Condition
Adjacent Derelict Features
Evidence of Illicit or Unauthorized Use
Traffic Calming Measures Around Park
Line of Sight / Openness
Level of Activation
Broken or Vandalized Park Elements
Availability of Trash Cans
Available Bike Facilities
Directional Signage
Directional Signage
Path Connectivity Within Park
Sufficient Parking
Nearby Bike Lanes and Bike Parking
Public Transportation Nearby
Playground Condition
Recreational Amenities Condition
Lighting Condition
Furnishing Condition
Security Presence
Ease of Navigation
Nighttime Safety
Mitigation of Surrounding Views/ Noise
Variety of Vegetation
Vegetation Maintenance
1.9 POINTS
2.0 POINTS
1.6 POINTS
1.8 POINTS
2.3 POINTS
Poor: 1-2 points Fair: 2.1-3 points Good: 3.1-4 points Great: 4.1-5 points
9.3.b
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3. BELL STREET PARK
POPULAR, EXPANSIVE PLAYGROUND
Bell Street Park has a prominent location along
University Avenue. It has a large multiuse lawn and
large, significant palm trees dotted throughout the
site. The new-looking playground has the capacity
for many children. However, Bell Street Park scored
the lowest of all parks in East Palo Alto for several
reasons.
SUCCESSES
• The Park is in a central, highly visible location,
making this an opportunity to be a landmark
when entering EPA. Adjacent bike lanes and
sidewalks allow access for many different
uses.
• The Park provides open space to neighboring
community centers, including the YMCA and
the Senior Center.
• The large playground provides a generous
amount of space for whole classrooms full of
children. The structures seem new and are
well-maintained.
CHALLENGES
• Aside from the playground, most amenities
were in disrepair, such as the small shade
structure and uneven paving surfaces.
• The park does not have a cohesive layout. The
navigation of the park is not clear and there
is not a defined path from the playground to
the main entrance off Bell Street. The main
entrance is obscured by the large shade trees,
though the promenade creates a distinct entry
once it is found.
• A network of closed gates and fences parses
the space into confusing sections. The path
surfaces are traversable by in disrepair.
• There are other safety issues, including the
adjacent empty lot next to the playground that
is littered and an absence of lighting anywhere
other than the main entrance.
9.3.b
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CLEAN SKATE PARK WITH FENCE
EXCESS TRASH, ENCAMPMENT, AND LACK OF DEFINED
PATHWAYS
SHADE STRUCTURE IN DISREPAIR
ENTRY PROMENADE HARD TO FIND FROM STREET
See
Chapter 4.1
for Park
Recommendations
9.3.b
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MAJOR AMENITIES
4. JOEL DAVIS MEMORIAL PARK
ADDRESS: 1960 Tate Street
SIZE: 1.94 Acres
PARK TYPE: Neighborhood Park
Playground
Lighting
Bike Racks
Benches
Picnic Area
BBQ Pits
Restroom
0 100 200 ft
±
9.3.b
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3.5 POINTS
GOOD
ACCESS + CONNECTIVITY
CONDITION + FUNCTIONALITY
MAINTENANCE
TRAILS
SAFETY + COMFORT
=
Edge Permeability
Signage, Maps,and City Branding
ADA Accessibility
Presence of Crosswalks Signals
Sidewalks and Surrounding Circulation
4 2
3 4
4 3
4 4
5 2
2 3
3 3
4 2
4 3
4 4
2 3
1 4
4 2
2 5
4 2
4 5
Diversity of Uses
Paving Conditions
Vegetation Condition
Tree Canopy Coverage & Condition
Adjacent Derelict Features
Evidence of Illicit or Unauthorized Use
Traffic Calming Measures Around Park
Line of Sight / Openness
Level of Activation
Broken or Vandalized Park Elements
Availability of Trash Cans
Available Bike Facilities
Directional Signage
Path Connectivity Within Park
Sufficient Parking
Nearby Bike Lanes and Bike Parking
Public Transportation Nearby
Restroom/ Building Condition
Playground Condition
Lighting Condition
Furnishing Condition
Security Presence
Ease of Navigation
Nighttime Safety
Mitigation of Surrounding Views/ Noise
Variety of Vegetation
Vegetation Maintenance
3.3 POINTS
3.4 POINTS
3.8 POINTS
3.8 POINTS
3.5 POINTS
Poor: 1-2 points Fair: 2.1-3 points Good: 3.1-4 points Great: 4.1-5 points
9.3.b
Packet Pg. 295 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 68 East Palo Alto Parks Master Plan
4. JOEL DAVIS MEMORIAL
PARK
BENCHES AND LIGHTINGS ALONG THE WALKING PATH
Joel Davis Memorial Park is a well-maintained
park that is popular because of the walking loop,
playground, picnic tables, vast lawn, shade trees, and
proximity to residential homes. The EPA Engineering
building is on site, though there is little connection
between the two.
SUCCESSES
• At the time of site observation, there were
many different user groups around the site,
from young children playing in the lawn,
teenagers spending time together in the picnic
area, and adults congregating around the
perimeter under the shade trees.
• The park feels like an extension of the
neighborhood instead of a separate element,
without being obtrusive to neighbors.
• Amenities and planting were all in great
condition throughout the site.
CHALLENGES
• The connection between the park and the
offices is not strongly defined. Removing
fences may cause security issues but could
provide a closer relationship between users
and City officials.
• Seating was abundant, but not always
used when needed. Since some users were
remaining close to their cars, providing seating
around the edges could be more useful than
the central picnic areas.
• Only port-a-potties are on site. For the
popularity of this park and its function as more
of a community park for the rest of EPA, a
more permanent bathroom may be more ideal.
9.3.b
Packet Pg. 296 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Understanding East Palo Alto 69
PICNIC AREA WITH SHADE TREES AND LIGHTING
TEMPORARY RESTROOM SOLUTION
WELL MAINTAINED PLAYGROUND WITH RUBBER SURFACING AND LIGHTING
SHADED WALKING LOOP AND STREET PARKING
See
Chapter 4.1
for Park
Recommendations
9.3.b
Packet Pg. 297 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 70 East Palo Alto Parks Master Plan
MAJOR AMENITIES
5. MARTIN LUTHER KING JUNIOR PARK
ADDRESS: 435 Daisy Lane
SIZE: 5.49 Acres
PARK TYPE: Community Park
Playground
Baseball Fields
Soccer
Walking Loop
Lighting
Bike Racks
Picnic Area
BBQ Pits
Restroom
MAJOR AMENITIES
0 100 200 ft ±
9.3.b
Packet Pg. 298 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Understanding East Palo Alto 71
2.7 POINTS
FAIR
ACCESS + CONNECTIVITY
CONDITION + FUNCTIONALITY
MAINTENANCE
TRAILS
SAFETY + COMFORT
=
Edge Permeability
Signage, Maps,and City Branding
ADA Accessibility
Presence of Crosswalks Signals
Sidewalks and Surrounding Circulation
3 4
4 3
3 2
3 2
3 1
3 3
3 3
1 1
4 4
4 3
4 2
4 3
1 3
3 2
3 3
3 2
2 3
2 1
3 Diversity of Uses
Paving Conditions
Vegetation Condition
Tree Canopy Coverage & Condition
Restroom/ Building Condition
Adjacent Derelict Features
Evidence of Illicit or Unauthorized Use
Traffic Calming Measures Around Park
Line of Sight / Openness
Level of Activation
Broken or Vandalized Park Elements
Availability of Trash Cans
Connectivity to Regional Trail
Access by Bike Route
Available Bike Facilities
Path Connectivity Within Park
Sufficient Parking
Nearby Bike Lanes and Bike Parking
Adjacent Trails or Trailhead
Public Transportation Nearby
Playground Condition
Recreational Amenities Condition
Lighting Condition
Furnishing Condition
Security Presence
Ease of Navigation
Nighttime Safety
Mitigation of Surrounding Views/ Noise
Variety of Vegetation
Vegetation Maintenance
Directional Signage
Surface Condition
3.0 POINTS
2.4 POINTS
2.6 POINTS
2.5 POINTS
3.0 POINTS
Poor: 1-2 points Fair: 2.1-3 points Good: 3.1-4 points Great: 4.1-5 points
9.3.b
Packet Pg. 299 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 72 East Palo Alto Parks Master Plan
5. MARTIN LUTHER KING
JUNIOR PARK
POWER LINES ALONG THE EDGE OF PARK
Martin Luther King Jr. Park lies at the edge of the Bay Trail, linking it to the homes of the Gardens community of East Palo Alto. While the park is a gateway to the
trail, it also has its own active recreation with ballfields and a playground.
SUCCESSES
• The views over the marsh are a straightforward
way to experience the shoreline of EPA without
making a trip out to Cooley Landing.
• Lighting around the field enables nighttime
use for sports although it provides limited
coverage.
CHALLENGES
• The connection between park and trail is not
immediately clear and could be enhanced
by implementing wayfinding elements and
educational signage.
• Utilities block some views out over the marsh
and people must cross under power lines to
get to the trail.
• Kiosk is locked and there is limited signage for
park facilities.
• There is little shade outside of the playground
area.
• The park is facing problems with a rodent
infestation, making it unsafe for children to
play and congregate.
9.3.b
Packet Pg. 300 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Understanding East Palo Alto 73
PICNIC AREA ADJACENT TO SPORTS FIELDS
SEATING AT SPORTS FIELDS AND BIKE FACILITIES
ENTRY AND PLAYGROUND
BUILDING FOR RESTROOMS AND CONCESSIONS
UNMARKED
See
Chapter 4.1
for Park
Recommendations
9.3.b
Packet Pg. 301 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 74 East Palo Alto Parks Master Plan
MAJOR AMENITIES
6. COOLEY LANDING
ADDRESS: 2100 Bay Road
SIZE: 10.02 Acres
PARK TYPE: Regional Park
Community Center
Walking Loop
Lighting
Bike Racks
Benches
Picnic Area
Shade Structure
Restroom
0 200 400 ft
±
9.3.b
Packet Pg. 302 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Understanding East Palo Alto 75
4.2 POINTS
GREAT
ACCESS + CONNECTIVITY
CONDITION + FUNCTIONALITY
MAINTENANCE
TRAILS
SAFETY + COMFORT
=
Edge Permeability
Signage, Maps,and City Branding
ADA Accessibility
Presence of Crosswalks Signals
Sidewalks and Surrounding Circulation
4 4
5 3
3 4
4 5
5 5
4 4
5 4
4 5
5 4
5 5
4 4
5 1
4 5
4 4
5 4
4 4
4 3
4 Diversity of Uses
Paving Conditions
Vegetation Condition
Tree Canopy Coverage & Condition
Adjacent Derelict Features
Evidence of Illicit or Unauthorized Use
Traffic Calming Measures Around Park
Line of Sight / Openness
Level of Activation
Broken or Vandalized Park Elements
Availability of Trash Cans
Connectivity to Regional Trail
Access by Bike Route
Available Bike Facilities
Path Connectivity Within Park
Sufficient Parking
Nearby Bike Lanes and Bike Parking
Adjacent Trails or Trailhead
Public Transportation Nearby
Restroom/ Building Condition
Lighting Condition
Furnishing Condition
Security Presence
Ease of Navigation
Nighttime Safety
Mitigation of Surrounding Views/ Noise
Variety of Vegetation
Vegetation Maintenance
Directional Signage
Surface Condition
3.8 POINTS
4.4 POINTS
4.3 POINTS
4.3 POINTS
4.2 POINTS
Poor: 1-2 points Fair: 2.1-3 points Good: 3.1-4 points Great: 4.1-5 points
9.3.b
Packet Pg. 303 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 76 East Palo Alto Parks Master Plan
GROUP PICNIC AREAS ARE A POPULAR DESTINATION
6. COOLEY LANDING
Cooley Landing is the newest addition to the EPA
parks system. Located along the Bay Trail and
separated from the rest of the city by vast swaths
of lands, it features new buildings, seating, and
educational signage. It provides a distinct experience
that allows residents to connect more with the natural
resources of the shoreline.
SUCCESSES
• The location offers many opportunities for
wildlife viewing at the water’s edge and out
over the marsh.
• Because the park has a segment of the Bay
Trail running through it, residents and visitors
regularly use the site.
CHALLENGES
• The long road leading to the park is best
for cars. Pedestrians and bikers must share
the road with passing cars, making it less
comfortable compared to separated, defined
paths.
• Though the facilities are new, there is still
evidence of markings on the furniture and
wear on the concrete seatwalls.
• Nearby airfields are loud and can be disruptive
to some outdoor activities or gatherings. The
indoor gathering spaces may be best for
focused presentations or performances.
• The City has had difficulty finding an operator
to manage Cooley Landing and continues to
work with partners to address the need.
9.3.b
Packet Pg. 304 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Understanding East Palo Alto 77
EPACENTER: NEW COMMUNITY CENTER LOCATED
DOWN THE ROAD FROM COOLEY LANDING
SEATING AND EDUCATIONAL SIGNAGE WITH
EXTENSIVE VIEWS FACING THE BAY
AMPHITHEATER AND COVERED STAGE FRAME VIEWS
OF THE BAY
BAY TRAIL ACCESS DIRECTLY FROM COOLEY LANDING
See
Chapter 4.1
for Park
Recommendations
9.3.b
Packet Pg. 305 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 78 East Palo Alto Parks Master Plan
FIGURE 1-14:
FUTURE PLANNING
EFFORTS
9.3.b
Packet Pg. 306 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Understanding East Palo Alto 79
PROPOSED PARK
IMPROVEMENTS IN THE
WORKS
Various partners across the City of East Palo Alto
are involved in parks planning efforts to date. The
following map includes an overview of improvements
planned in existing parks, in schoolyards, and
in various private developments including the
Ravenswood Business District.
1.5 OVERVIEW OF FUTURE PLANNING
EFFORTS
9.3.b
Packet Pg. 307 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 80 East Palo Alto Parks Master Plan
9.3.b
Packet Pg. 308 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for
2.1 Engaging the Community
2.2 Community Workshops
2.3 Focus Groups
2.4 Engaging Hard to Reach Populations
2.5 Pop-up Events
2.6 Survey and Online Feedback
2.7 Community Priorities
Community Priorities 81
COMMUNITY
PRIORITIES
2 9.3.b
Packet Pg. 309 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 82 East Palo Alto Parks Master Plan
2.1 ENGAGING THE COMMUNITY
The community engagement plan evolved throughout
the process to include a range of tools and meeting
types to accommodate both virtual and in-person
conversations - all with the goal of gathering feedback and input from as many community members as
possible. The range of meeting settings around
EPA allowed the team to hear from a wide range
of community voices, from park users that are very
familiar with the facilities and existing programs
across the city, to people who currently do not
frequent the city parks and trails and are unfamiliar
with those resources.
This chapter outlines the numerous engagement
activities that informed the plan and summarizes
key take-aways and priorities that arose out of the
process.
ENGAGEMENT ACTIVITIES
At each step of the Parks Master plan process, input
was sought through a range of activities to engage
EPA community members on the future park system.
Community Workshops: Both in-person and virtual
options for workshops invited stakeholders to
participate in presentations, question-and-answer
sessions, and numerous activities. Workshops were
designed to encourage active engagement and
provide a space for discussion and input.
Pop-Up Events: Local, in-person opportunities to
share project information at existing community
events with people, who may or may not be familiar
with the project. This approach allowed the team to
meet people where they are gathered (e.g. churches,
parks, libraries, schools, special events).
Surveys: A multilingual, citywide survey available
online and in-person – with the support of outreach
partners at Nuestra Casa and others – was conducted
to inform the plan recommendations. Survey results
are summarized in this report and in Appendix A.1.
Project Website Updates: Online resources including
presentation materials and schedule information
allowed residents to provide feedback at their
convenience. This allowed for wider participation of
community members who were unable to attend inperson due to family or COVID-19 constraints.
9.3.b
Packet Pg. 310 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Community Priorities 83
City Council Meetings: The plan updates were
presented at a number of City Council meetings
where the public could ask questions and provide
feedback alongside City Council members. A joint
session was also conducted to present the plan with
the Planning Commission.
Focus Groups: Small group conversations, often with
hard-to-reach groups, allowed people who share
common interests to reflect and provide input on the
EPA Parks Plan. Meetings were also held in Spanish.
Stakeholder Meetings: To round out the
engagement, the team conducted numerous
stakeholder group interviews and meetings. Groups
included both City and non-City staff. Discussions
ranged on topics from athletics programs,
maintenance, partnerships, to outreach and
communications techniques.
9.3.b
Packet Pg. 311 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for WORKSHOP 1
The first workshop took place online on September 2021. 84 East Palo Alto Parks Master Plan
2.2 COMMUNITY WORKSHOPS
The series of three community workshops included
an introduction to the Parks Master Plan, its purpose,
and its goals. The meetings presented a review of the
existing conditions of East Palo Alto parks, a park-bypark assessment, and an overall summary of future and ongoing opportunities citywide.
Additionally, the workshops consisted of mapping
activities and interactive exercises that actively
engaged community members.
WORKSHOP 1
The first community workshop, held on September
30, 2021, was a virtual meeting hosted on Zoom. It
included an introduction from the mayor and the
consultant team, and a presentation on existing
conditions at EPA parks. Numerous polls were
conducted and a break-out group activity for visioning
was prepared. Seventy-nine community members
attended.
WORKSHOP 2
The second community workshop was hosted
at Cooley Landing Center on February 26, 2022.
The Consultant Team reviewed survey results,
and presented an initial assessment of facility and
program needs. The presentation was followed by a
collective mapping activity encouraged participants to
work in small groups to determine the best location for future programs and amenities.
Numerous themes arose during the second
community workshop. The key themes are
summarized below:
1. Communication and Outreach: Participants
suggested numerous ideas for successfully reaching
disadvantaged and working class communities.
Ideas included; using larger banners and other visual
advertisements at key city points and landmarks;
conducting outreach at locations that are heavily
used by community members, e.g., churches and
markets; installing community boards in all parks;
lastly connecting with existing organizations and
community leaders.
2. Access: Important conversations took place
regarding the improvement of connections to
existing parks by upgrading pedestrian and bicycle
connections so that residents can have access to a
park within a 10-minute walk. It was also discussed
that gates to parks should be open and accessible.
Some participants expressed a desire to reduce fees
that may prevent low-income residents from renting
spaces and hosting larger events. Additionally, there
was a desire among residents for a more clear and
transparent process for renting City facilities, as well as a clear understanding of costs and fees for different types of organizations.
9.3.b
Packet Pg. 312 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for WORKSHOP 2 PHOTOS
The second workshop took place at Cooley Landing in February 2022.
Community Priorities 85
3. Park Identity and History: Community members
want to acknowledge and highlight the rich history
of parks in EPA and suggest developing wayfinding,
plaques, and other informational graphics to highlight
existing parks and their histories. The community
shared a need for building an overall park identity.
4. Facility and Program Needs: Below, we list some
of the items that a majority of participants discussed; • Open, clean and accessible restrooms
• Community gardens
• Theater and performing spaces
• Improved citywide tree canopy
• Free, or low-cost community pool
• Spaces for local food vendors and local shops
• Establishing a “Friends of EPA” group to
support with funding, stewardship, and
programming
WORKSHOP 3
The third community workshop will be hosted online
and in person at the City Council Chambers on
February 28, 2023.
9.3.b
Packet Pg. 313 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for
FOCUS GROUP
Nuestra Casa focus group with the Environmental Justice Academy 86 East Palo Alto Parks Master Plan
2.3 FOCUS GROUPS
As part of the insight gathering process, the
consultant team conducted a series of focus group
meetings and interviews over the span of a year. The
subjects for these focus groups included: recreation
and programming, park usage for seniors, ADA
accessibility, health and wellness, education and
personal development, environment and ecology, and
other important topics.
Health and Wellness Developer, Business
and Other Consultants Philathropy Groups Media
• Ravenswood Health
Center
• Fresh Approach
• Sandhill Development
• Harvest Properties
• Harrison Street - Social
Infrastructure Fund
• 2020 Bay Road
Development
• Emerson Developer -
EPA Waterfront
• Ravenswood Business
District
• Sobrato
• Magical Bridge
• Verde Design
• Raimi + Associates
• Emerson Collective
• Goldman
Foundation
• EPA Today
• EPA/Belle Haven
Info
• PA Online
ENGAGED GROUPS AND ORGANIZATIONS
9.3.b
Packet Pg. 314 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Community Priorities 87
Recreation
Environment and
Ecology
Other Community
Based
Education/Personal
Development
• EPA Boxing Club • MPAA Mastodons
Youth Football
• Razorhawks Youth
Rugby
• Greyhounds Track
Club
• Ravenswood Youth
Rugby
• Swagger Baseball Club • EPA United Soccer
Club
• EPA Junior Golf • RYAA - Ravenswood
Youth Soccer
Association
• EPATT Tennis and
Tutoring
• YMCA • Boys and Girls Club of
Mid Peninsula
• Baseball Ravenswood
Little League
• EPA T-Ball & Pitching
Machine
• My Gym • Palo Alto Vikings • Roadrunners
Basketball Club
• Police Athletic League • Silicon Valley Bicycle
Coalition
• MidPeninsula Open
Space
• Aceterra • Bay Trail (MTC) • BCDC • Committee for Green Foothills
• YUCA • Canopy • San Mateo Flood
Control Agency
• San Francisquito
Creek JPA
• SFPUC
• EPA Senior Center • One EPA • Ecumenical Hunger
Program
• Bayshore Christian
Ministry
• Project We Hope • Bread of Life
Outreach
• St. Francis de Assisi
Church
• Community Church • Walls of Faith
COGIC
• Peninsula Interfaith
Action
• Tongan Interfaith
Council
• Tongan Assembly of
God
• Ravenswood City
School District
• East Side Academy • College Track • Job Train • Foundation for College Education
• Able Works • Girl to Women • EPA Center • The Primary School - EPA
9.3.b
Packet Pg. 315 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 88 East Palo Alto Parks Master Plan
2.4 ENGAGING HARD TO REACH
POPULATIONS
To engage with hard-to-reach populations and ensure
that the community feedback we received was as
broad and inclusive as possible, the Consultant
Team participated in focus groups with three key
stakeholders. Nuestra Casa is an organization with a
long history of building community power in East Palo
Alto; Nairobi Advisors – a group of resident elders with abundance institutional knowledge; and the East Palo
Alto Senior Center – which offers a variety of activities and assistance to seniors.
NUESTRA CASA
On April 5, 2022, the Consultant Team joined 20
participants at Nuestra Casa’s office to discuss the
Parks Master Plan. Major themes that arose from our
discussion included;
Improve Safety by:
• Increase lighting in many parks.
• Curb illegal activities such as alcohol and drug
consumption to alleviate concerns of families
visiting parks.
• Implement ways to increase surveillance
in parks, such as installing cameras or
‘community watch’ programs.
Access and Communication:
• Ensure that all park improvements remain free
and accessible.
• Make announcements about events through
multiple platforms, both online and in-person.
• Ensure that public meetings have translation
services for non-English speakers.
Facility and Program Needs:
• Outdoor workout stations for all ages.
• Low-cost or free access to a pool.
• Food stalls or food trucks in parks.
• After-school program for kids.
• A stage or amphitheater space.
• Farmers market.
NAIROBI ADVISORS
On May 20, 2022, the Consultant Team met with
community leaders that make up part of the Nairobi
Advisors group. These are community elders who
have been part of a political, social, and cultural
movement in EPA since the 1960s. The focus group
discussions yielded specific feedback and ideas:
• Memorialize the people and the history of EPA
and its parks.
• Provide resources to empower community
members to run certain programs and
initiatives that the City may not have capacity
to do.
• Further partnerships between local
organizations and the City.
• Establish ‘Community Benefits Agreements’
to guide development of existing and future
parks.
• Encourage more events and festivals.
9.3.b
Packet Pg. 316 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for
FOCUS GROUP
Nuestra Casa focus group with the Environmental Justice Academy Community Priorities 89
• Keep bathrooms open and clean so the
community can use park space and host
events.
• Install more water fountains.
• Facilitate low-cost or free accessible pool
access, especially during warm summer
months.
• Establish cooling centers.
EPA SENIOR CENTER
On June 13, 2022, the Consultant Team hosted a
meeting with the East Palo Alto Senior Center, an
institution that has been present in the city for over
30 years. The Senior Center provides food delivery
services and other resources to the city’s seniors.
Given its close proximity to Bell Street Park, the
Center has a significant role to play in shaping the
future of this park. Their general comments included:
• Provide more benches, picnic tables, and other
seating options for people to rest.
• Install exercise equipment and space for active
play.
• Organize the return of programming and
events, such as the Collard Green Festival and
the Jazz Festival.
• Create an opportunity for more joint-ventures
between the City of EPA and the Senior Center
– especially around programming.
9.3.b
Packet Pg. 317 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 90 East Palo Alto Parks Master Plan
EPA LEGENDS EVENT
TREE LIGHTING EVENT
EPA LEGENDS EVENT
EPA TREE LIGHTING EVENT
The Consultant Team hosted a pop-up event during
the tree lighting ceremony at the EPA Senior Center
on December 4, 2021. We collected feedback using
two methods: a visual preference survey on different
themes related to parks design, a more detailed online
survey for which we had paper copies.
LEGENDS EVENT
On December 17, 2021, the team participated in the
“Legends Event” at Costaño Elementary School, we
engaged with students and parents who were present
at the basketball camp as well as the people who
joined for the celebration of EPA community members.
Feedback on the Recreation and Open Space Master
Plan was collected using detailed paper surveys as
well as visual preference surveys on larger project
boards.
2.5 POP-UP EVENTS
9.3.b
Packet Pg. 318 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Community Priorities 91
BASEBALL OPENING DAY AT JACK FARRELL PARK
CESAR CHAVEZ SUMMER FAIR AT PRIMARY SCHOOL
CESAR CHAVEZ SUMMER FAIR AT PRIMARY SCHOOL
CESAR CHAVEZ DAY AT EPA PRIMARY
SCHOOL
The third pop-up event was held at the East Palo
Alto Primary School on March 25, 2022. We were
invited to participate in a Cesar Chavez Celebration
and Summer Program Fair, where multiple local
organizations and partners shared their work and
provided information on their services and programs.
We met with numerous parents and kids and were
able to discuss the Parks Master Plan and the ongoing
work that has been completed thus far. The team
provided participants with surveys and gifted crayons,
coloring books, and snacks.
BASEBALL OPENING WEEKEND
The fourth pop-up was hosted at Jack Farrell Park
during the Baseball Season Opening Day on March
26, 2022. We were invited by the City of East Palo Alto to set up a table during the opening day ceremonies
and provide information on the ongoing project and
receive feedback from community members.
We met with numerous parents, kids, and teens
from the community and discussed the ongoing
Parks Master Plan. We provided printed surveys for
community members to fill out. The team had coffee
and pastries for the community members.
9.3.b
Packet Pg. 319 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 92 East Palo Alto Parks Master Plan
ONLINE SURVEY
An online survey was conducted between September
30, 2021 through January 31, 2022.
The survey asked participants a range of things
including, the reasons why they visited EPA parks,
reasons that deterred them from going to parks, as
priorities for program and facility improvements.
There were a total of 524 responses from individual
households, a statistically significant sample. The
racial and ethnic demographics of survey respondents
is representative of and closely aligns to the overall
city population.
Outreach for the survey was supported by Nuestra
Casa’s Promotoras group at food distributions centers
and pop-up events, announced on the City Newsletter,
and posted on several local Facebook groups and
via City-sponsored Facebook ads. Printed posters
and flyers were distributed through the community at
grocery stores.
See the Appendix A.1 for full survey results.
WHO TOOK THE SURVEY
HOW WE GOT THE WORD OUT
2.6 SURVEY AND ONLINE FEEDBACK
9.3.b
Packet Pg. 320 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Community Priorities 93
MOST VISITED PARKS
PRIMARY REASONS YOU AND YOUR
HOUSEHOLD USE PARK AND REC
FACILITIES IN EPA?
PRIMARY REASONS THAT PREVENT
YOU AND YOUR HOUSEHOLD FROM
USING EPA FACILITIES?
48% Do not feel safe using parks/trails
37% Parks/trails are not well maintained
36% Lack of facilities to use
29% No park close to home
22% Lack of quality programs
18% Lack of parking to access parks/trails
9.3.b
Packet Pg. 321 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 1 94 East Palo Alto Parks Master Plan
SEVEN MAJOR PRIORITIES
The community identified seven major priorities
throughout the various engagement activities
identified in this chapter. Each priority includes a brief description and various quotes from pulled from the
wide range of community conversations throughout
the planning process. The recommendations chapter
further elaborates on the summary of community
priorities and their relationship with our final
recommendations.
Connect People
to Parks
Ensure all EPA residents have safe
access to parks and open space, and
access to all facilities and programs.
Clean restrooms that
are open.
Cleaner parks that are
well maintained, more
garbage cans.
Amenities like water
fountains, bike racks, Wi-Fi,
and phone charging
stations.
Multi-use fields with
event and performance
spaces.
Continue supporting
baseball and other
sports programs at Jack
Farrell and MLK Park.
A free or low-cost pool
for the community, swim
lessons.
Amenities like local food
trucks, kiosks for coffee,
and events such as music
and art festivals in parks.
2.7 COMMUNITY PRIORITIES
9.3.b
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murals to present history
and community culture.
Community Priorities 95
3 Promote Public Health
& Sustainability
Create Diverse &
Inclusive Parks
Celebrate the unique history of people
and place in EPA. Provide residents
with parks that are reliable, free, and
serviceable-for-all.
Establish and promote community
health through parks and open space,
reduce the impact of facilities on the
environment, and encourage sustainable
practices.
Enhance connectivity and
provide safer access for
people walking and biking.
Develop interactive
mobile app for history
and art.
Amenities like local food
trucks, kiosks for coffee,
and events such as music
and art festivals in parks.
Better signage and
markings for trailheads
to understand public
access.
Access to Bay Trail
for the community by
unlocking gate from
Rutgers Street.
9.3.b
Packet Pg. 323 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 4 Reconnect the EPA community to the
Bay by enhancing and improving safe
and equitable access to all natural
preserves and resources.
Helping and providing
services to homeless
encampments in the
Additional volunteers parks.
and paid staff to
manage the parks
system.
Unlock gates to MLK Jr.
Park Path.
Better bike trails and
shared bike facilities.
Outdoor education
about the environment
and ecology.
Blue light emergency
station.
Community gardens for
parents and children.
96 East Palo Alto Parks Master Plan
Celebrate The Bay Activate East Palo 5 Alto Parks
Provide programs and amenities that
reflect the desires and needs of the
community while improving safety and
energizing parks.
9.3.b
Packet Pg. 324 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Native planting for urban
greening.
Green infrastructure like
permeable paving and
water capture along trails
and in parks.
Flood announcement
systems.
Additional staff in parks,
park ranger, concession
employees, and volunteers
or ambassadors.
Well lit parks so
people can frequent
them at the end of the
day.
More access to afterschool programs to keep
kids out of trouble.
Community Priorities 97
Improve Park 6 Operations
Grow Programming 7 & Partnerships
Create new partnerships and
programming opportunities and
strengthen existing relationships with
local nonprofits and nongovernmental
organizations.
Maintain and improve park operations
by expanding and diversifying staff
resources.
9.3.b
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COOLEY LANDING
9.3.b
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NEEDS
ASSESSMENT
3.1 General Plan Park Needs
3.2 Existing Park Inventory
3.3 Community Priorities
3.4 Recreational Trends
3.5 Levels of Service
9.3.b
Packet Pg. 327 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for In order to understand the park needs for the City
of East Palo Alto a comprehensive overview of City
goals, community priorities and current inventory
is needed. This chapter looks at each of those
components in detail. • The General Plan 2035 has identified park acreage required to meet the needs of
East Palo Alto’s growing populations. It
also provides guidance on the appropriate
standards for walksheds to parks as well as
the amount of parkland the City will seek to
provide per 1,000 people.
• The existing park inventory summarizes the
key deficiencies in the City’s park system in
regards to amenities and acreages.
• The next component that feeds into needs
assessment is the community priorities derived
from what we heard through numerous
community conversations. The community
needs have been rated as high, medium and
low based on a Priority Ranking created from
the summarized feedback.
• Lastly, the levels of service standards
projections for East Palo Alto’s population in
2035 guide which park type and amenity is
deficient in the City. The standards are based
on General Plan goals as well as regional and
national resources.
NEEDS ASSESSMENT
100 East Palo Alto Parks Master Plan
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The General Plan (YEAR) reported a total of 33 acres
of usable park land in EPA, translating to less than one acre of park land per 1,000 residents. (The General
Plan also recognizes another 225 acres of open space
along the Bay shore.) The City currently maintains a
parkland dedication in/lieu fee standard of 3 acres per 1,000 residents.
With a projected increase in population of 7,515 by
2035, 79 acres of new parkland will be needed to meet
the 3 acre standard. East Palo Alto’s demographics
– with more children and larger household size than
the County average – highlight the high demand for
parks in comparison to neighboring communities.
Furthermore, many residents are located more than
a 10-minute walk from a park--and in some cases the
closest park lacks recreation amenities
GENERAL PLAN POLICIES
FOR PARKS
• New parks and open space. Maintain a
park standard of 3 acres per 1,000 residents.
Undertake a program to add 79 acres of new
formalized park spaces, prioritizing the areas
of the City currently underserved by parks
(Weeks, Kavanaugh, Willow, and Woodland).
• Bay Access Master Plan. Implement the park
and trail improvements and expansions called
for in the EPA Bay Access Master Plan.
• Ravenswood Plan. Implement the parks
and trails identified in the Ravenswood TOD
Specific Plan.
• Park access. To increase resident access
to open space, strive to locate park facilities
within ¼ mile walking distance of all
residences in East Palo Alto.
• Parks and open space. Establish a range
of parks and open spaces, including tot lots,
neighborhood parks, community parks, plazas/
greens and/or greenways/parkways within all
new Neighborhoods, Centers and Districts.
• New trails and paths. Construct new trails
or multi-use paths, particularly along the San
Francisquito Creek or in the Baylands.
• Gap closure. Work to fill critical gaps in the
City’s trail network, particularly completing the
Bay Trail and other planned connections in the
Ravenswood Employment District, and along
San Francisquito Creek between O’Connor
and University Avenue.
• Connections to Bay Trail. Explore new and
improved connections to the Bay Trail in key
locations.
3.1 GENERAL PLAN PARK NEEDS
FIGURE 3-1: GENERAL PLAN EXISTING AND PROPOSED
OPEN SPACE NETWORK
9.3.b
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The City of East Palo Alto presently has 6 City
operated parks that provide the residents with
approximately 24 acres of parkland. This leaves a large deficit that needs to be covered to reach the 3 acres
per 1,000 people General Plan goal. From the park
assessment we also learn that not all of these 24 acres of parkland are in good condition with the 2.56 acres
of Bell Street Park ranking Poor with only 1.9 out of 5 in the park assessment. Additional 9.32 acres parkland
in Jack Farrell Park and Martin Luther King Jr. Park
only received a Fair score. The present park locations, as seen in Figure 3-2 leave major gaps in the park
service areas if we look at the 10-minute walkshed for
the parks. This points towards a need to fill these gaps with new park acreage to achieve park equity.
3.2 EXISTING PARK INVENTORY
TABLE 3-1: PARK ASSESSMENTS OVERVIEW
Park ID Park Name
Park
Classification
(Recommended by
WRT)
Park Area
(Acre)
Park
Assessment
Score
1 Jack Farrell Park Community Park 3.73 Fair: 2.9
2 Pocket Park at Newbridge Pocket Park 0.14 Good: 3.9
3 Bell Street Park Neighborhood Park 2.56 Poor: 1.9
4 Joel Davis Memorial Park Neighborhood Park 1.94 Good: 3.5 5 Martin Luther King Jr. Park Community Park 5.49 Fair: 2.7 6 Cooley Landing Regional Park 10.02 Great: 4.2
Poor: 1-2 points Fair: 2.1-3 points Good: 3.1-4 points Great: 4.1-5 points Existing Parks Acerage
Jack Farrell Park 3.73
Pocket Park at Newbridge 0.14
Bell Street Park 2.56
Joel Davis Memorial Park 1.94
Martin Luther King Park 5.49
Cooley Landing 10.03
Total 23.89
Open Space Acerage
Don Edwards SF Wildlife Preserve 5.50
Shoreline Park 13.00
Total 18.50
Martin Luther King Jr. Park
9.3.b
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FIGURE 3-2:
EXISTING PARK SERVICE
AREAS
9.3.b
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During the planning process the community was
consulted using multiple avenues as noted in chapter
two. Based on what was heard from the community,
especially from the community survey a Priority
Ranking list was developed for both park amenity/
facility and for park programming. The purpose of
this is to provide an objective tool for prioritizing
investments based on the results. The Priority Ranking
equally weighs (1) the importance that residents place
on a facility/program and (2) how many residents
have unmet needs for the facility/program.
From Figure 3-3 we can see that the amenities with
highest priority in the community are:
1. Outdoor workout stations
2. Restrooms
3. Indoor basketball courts
4. Community gardens
5. Splash pad
6. Volleyball court
3.3 COMMUNITY PRIORITIES
FIGURE 3-3 - HIGHEST AMENITY/FACILITY PRIORITIES (ALL SURVEYS) Source: Collected from all surveys to date (online, pop-ups, and focus group)
HIGHEST
COMMUNITY
NEEDS
MEDIUM
COMMUNITY
NEEDS
LOW
COMMUNITY
NEEDS
9.3.b
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Similarly, Figure 3-4 shows us that the highest
programming priorities are:
1. Adult fitness and wellness programs
2. After school programs for youth of all ages
3. Youth swim programs
4. Adult swim programs
5. Cultural enrichment programs
FIGURE 3-4 - HIGHEST PROGRAMMING PRIORITIES (ALL SURVEYS) Source: Collected from all surveys to date (online, pop-ups, and focus group)
HIGHEST
COMMUNITY
NEEDS
MEDIUM
COMMUNITY
NEEDS
LOW
COMMUNITY
NEEDS
9.3.b
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3.4 RECREATIONAL TRENDS
The Recreational Trends Analysis provides an
understanding of national and local recreational
trends. Trends data used for this analysis was
obtained from Sports & Fitness Industry Association’s
(SFIA), National Recreation and Park Association
(NRPA), and Environmental Systems Research
Institute, Inc. (ESRI). All trend data is based on current and/or historical participation rates, statistically-valid survey results, or NRPA Park Metrics.
NATIONAL TRENDS IN
RECREATION
NATIONAL TRENDS IN GENERAL
SPORTS
The top sports most heavily participated in the United
States were Basketball (27.1 million), Golf (25.1 million), and Tennis (22.6 million) which have participation
figures well in excess of the other activities within the general sports category. Baseball (15.5 million), and
Outdoor Soccer (12.5 million) round out the top five.
Five-Year Trend
Since 2016, Pickleball (71.2%), Golf- Entertainment
Venues (51.3%), and Tennis (25.1%) have shown the
largest increase in participation. Similarly, Basketball (21.4%) and Boxing for Competition (20.7%) have also
experienced significant growth. Based on the fiveyear trend from 2016-2021, the sports that are most rapidly declining in participation include Ultimate
Frisbee (-40.4%), Roller Hockey (-26.1%), Volleyball
(Sand/Beach) (-23.8%), Squash (-23.5%), Slow Pitch
Softball (-21.9%), and Gymnastics (-20.7%).
One-Year Trend
The most recent year shares some similarities with the
five-year trends; with Pickleball (14.8%) and Boxing for Competition (7.3%) experiencing some of the greatest
increases in participation this past year. The greatest one-year increases also include Fast Pitch Softball
(15.3%), Gymnastics (10.9%), and Court Volleyball
(8.1%). Basketball (-2.2%), Flag Football (-1.6%), Indoor Soccer (-0.6%) and Baseball ( -0.5%) have shown a
five-year trend increase, but a decrease over the last
year. This is likely a direct result of coming out of the COVID-19 pandemic. Similarly, other team sports
such as Ultimate Frisbee (-5.8%), Slow Pitch Softball
(-5.4%), Roller Hockey (-5%), Racquetball (-4.8%) and
Beach/Sand Volleyball (-3.1%), also had significant
decreases in participation over the last year.
LOCAL TRENDS
GENERAL SPORTS MARKET
POTENTIAL
The following charts show sport and leisure market
potential data from ESRI. A Market Potential (MPI)
Index (MPI) measures the probable demand for a
product or service within the city. The MPI shows
the likelihood that a resident of the target area will
participate in certain activities when compared to
Basketball
27.1 Million
Golf
25.1 Million
Tennis
22.6 Million
Baseball
15.5 Million
Soccer
12.5 Million
9.3.b
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the US National average. The national average is 100,
therefore numbers below 100 would represent a lower
than average participation rate, and numbers above
100 would represent higher than average participation
rate.
Overall, East Palo Alto demonstrates average to
below average market potential index (MPI) numbers.
General sports category has the highest MPI numbers
with several activities having MPI scores that are
above to well above the national average. These
overall MPI scores show that East Palo Alto has the
opportunity to grow participation in recreational
activities. This becomes significant for when the
City considers building new parks and/or facilities or
starting up new programs; giving them a strong tool
to estimate resident attendance. High index numbers
(100+) are significant because they demonstrate that
there is a greater potential that residents of the city will actively participate in offerings provided by the
City.
RECREATION TRENDS
SUMMARY
It is critically important for East Palo Alto to
understand the local and national participation trends
in recreation activities. In doing so, the City can gain general insight into the lifecycle stage of recreation
programs and activities (emerging, stable and
declining) and thereby anticipate potential changes
in need and demand for the programs and activities
that it provides to the residents of East Palo Alto.
Here are some major takeaways for local and national
recreation trends:
• Fitness walking remained the most popular
activity overall nationally, but is well below the
national average locally. This activity will grow
in popularity in East Palo Alto if safe pedestrian
connections are developed.
• All listed aquatic activities have experienced
strong participation growth, nationally, but is
far below average locally.
• Basketball is the most participated in sport
nationally while soccer is the most participated
in sport locally.
• Football is losing participants both locally and
nationally.
• Outdoor recreational activities are on the rise
nationally, but are less popular locally.
• Based on national measurements, income
level has a positive impact on activity rate.
Higher income households tend to have higher
activity rates.
• Age is also a significant factor to inactivity
level. Generation Z (age 6-17) had the lowest
inactivity rate while the Boomer generation
(age 55+) had the highest inactivity rate.
• Specific strategies must be developed to
address the growing and diversifying senior
(55+) population.
• Besides income and age factors, nonparticipants are more likely to join sports or fitness activities if a friend accompanies them.
FIGURE 3-5 - GENERAL SPORTS MPI
9.3.b
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LEVEL OF SERVICE
STANDARDS
Level of Service (LOS) standards are guidelines that
define service areas based on population that support
investment decisions related to parks, facilities
and amenities. The Parks Master Plan presents an
opportunity to take a fresh look at these standards.
Our evaluation of LOS standards considered a
combination of local, regional and national resources,
including: • General Plan; Parks and Recreation Element level of service goal of 3.0 acres per 1,000
population.
• National Recreation and Park Association
(NRPA) guidelines.
• Recreation activity participation rates reported
by the Sports & Fitness Industry Association’s
(SFIA) 2022 Study of Sports.
• Recreation participation as it applies to
activities that occur in the United States and
East Palo Alto area.
• Community and stakeholder input and general
observations. This information allowed
standards to be customized to the East Palo
Alto Parks and Recreation system.
• Planned yet not developed parks within each
park classification system in East Palo Alto.
• The ability for the City to financially sustain a
high-quality park system.
These resources provide LOS guidelines based on
population to inform and support investment decisions
related to parks.
3.5 LEVELS OF SERVICE
9.3.b
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CURRENT LEVEL OF
SERVICE
The chart below provides a snapshot of the current
level of service standards and East Palo Alto’s current level of contribution associated with the current
service levels.
Recreation Component Unit City
Inventory
Existing
Private
Inventory
Total
Inventory
Current % of
Inventory
Provided by
City
DEVELOPED PARKS
POCKET PARKS Acre(s) 0.14 0.74 0.88 16% 0.03 acres per 1,000 NEIGHBORHOOD PARKS Acre(s) 1.94 1.94 100% 0.06 acres per 1,000 COMMUNITY PARKS Acre(s) 11.78 11.78 100% 0.39 acres per 1,000 SPECIAL USE PARKS Acre(s) 10.03 10.03 100% 0.33 acres per 1,000 Total Acre(s) 23.89 0.74 24.63 97% 0.79 acres per 1,000
OUTDOOR AMENITIES
DIAMOND FIELD Field 2.00 2.00 100% 1.00 Field per 15,017 MULTIUSE FIELD Field 1.00 1.00 100% 1.00 Field per 30,034 BASKETBALL COURT Court 1.00 1.00 100% 1.00 Court per 30,034 PICKLEBALL COURT Court - - NA 1.00 Court per NA
TENNIS COURT Court - - NA 1.00 Court per NA
VOLLEYBALL COURT (SAND/GRASS) Court - - - NA 1.00 court per NA DOG PARK Site - - - NA 1.00 Site per NA
PLAYGROUNDS Site 4.00 2.00 6.00 67% 1.00 Site per 5,006 PICNIC SHELTER Site - - - NA 1.00 Site per NA
BIKE PARK/SKATEPARK/PUMP TRACK Site 1.00 1.00 100% 1.00 Site per 30,034 OUTDOOR SWIM CENTER Site - 1.00 1.00 0% 1.00 Site per 30,034 DISC GOLF Site - - NA 1.00 Site per NA
INDOOR AMENITIES
INDOOR COMMUNTY/REC FACILITIES Sq ft` 33,209 8,367 41,576 80% 1.38 Sq ft per Person 2020 Inventory Service Levels
Current Service Level
TABLE 3-2: CURRENT LEVEL OF SERVICE
9.3.b
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LEVEL OF SERVICE
STANDARDS
RECOMMENDATION
The current service levels have served East Palo
Alto well and provide a basis for measuring park
system performance. Coupled with the park
system assessments, community input and analysis
conducted, it is recommended that the City update
its level of service standards to better provide for
the recreational priorities of its residents while
seeking to achieve geographical equity. The following
chart summarizes the recommended service level
standards.
Recreation Component
DEVELOPED PARKS
POCKET PARKS 0.03 acres per 1,000 0.10 acres per 1,000
NEIGHBORHOOD PARKS 0.06 acres per 1,000 1.00 acres per 1,000 COMMUNITY PARKS 0.39 acres per 1,000 1.63 acres per 1,000 SPECIAL USE PARKS 0.33 acres per 1,000 0.27 acres per 1,000 Total 0.79 acres per 1,000 3.00 acres per 1,000
OUTDOOR AMENITIES
DIAMOND FIELD 1.00 Field per 15,017 1.00 Field per 20,000 MULTIUSE FIELD 1.00 Field per 30,034 1.00 Field per 7,500 BASKETBALL COURT 1.00 Court per 30,034 1.00 Court per 7,500 PICKLEBALL COURT 1.00 Court per NA 1.00 Court per 10,000 TENNIS COURT 1.00 Court per NA 1.00 Court per 15,000
VOLLEYBALL COURT (SAND/GRASS) 1.00 court per NA 1.00 court per 15,000 DOG PARK 1.00 Site per NA 1.00 Site per 20,000
PLAYGROUNDS 1.00 Site per 5,006 1.00 Site per 3,000
PICNIC SHELTER 1.00 Site per NA 1.00 Site per 7,500
BIKE PARK/SKATEPARK/PUMP TRACK 1.00 Site per 30,034 1.00 Site per 75,000 OUTDOOR SWIM CENTER 1.00 Site per 30,034 1.00 Site per 50,000 DISC GOLF 1.00 Site per NA 1.00 Site per 50,000
INDOOR AMENITIES
INDOOR COMMUNTY/REC FACILITIES 1.38 Sq ft per Person 1.50 Sq ft per Person Service Levels
Recommended Service
Levels Current Service Level
PLEASE NOTE: Natural Area
parks and trails, were not
calculated in this populationbased service level analysis because they are based
on resource location and
connected networks rather
than the city’s resident
population.
TABLE 3-3: RECOMMENDED STANDARDS FOR LEVEL OF SERVICE
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MEETING RECOMMENDED
SERVICE LEVELS IN 2035
The population of East Palo Alto is projected to
increase by approximately 7,000 by 2035 and with it,
there will be a correlating increase in need for park
and recreation facilities. The following table shows
the magnitude of additional park acreage, amenities,
and facilities that will be needed in 2035 based on the projected population growth and the recommended
service level standard.
Recreation Component Meet Standard/
Need Exists
DEVELOPED PARKS
POCKET PARKS 0.10 acres per 1,000 Need Exists 3 Acre(s) NEIGHBORHOOD PARKS 1.00 acres per 1,000 Need Exists 35 Acre(s) COMMUNITY PARKS 1.63 acres per 1,000 Need Exists 49 Acre(s) SPECIAL USE PARKS 0.27 acres per 1,000 Meets Standard - Acre(s) Total 3.00 acres per 1,000 Need Exists 87 Acre(s)
OUTDOOR AMENITIES
DIAMOND FIELD 1.00 Field per 20,000 Meets Standard - Field MULTIUSE FIELD 1.00 Field per 7,500 Need Exists 4 Field BASKETBALL COURT 1.00 Court per 7,500 Need Exists 4 Court PICKLEBALL COURT 1.00 Court per 10,000 Need Exists 4 Court TENNIS COURT 1.00 Court per 15,000 Need Exists 2 Court
VOLLEYBALL COURT (SAND/GRASS) 1.00 court per 15,000 Need Exists 2 Court DOG PARK 1.00 Site per 20,000 Need Exists 2 Site
PLAYGROUNDS 1.00 Site per 3,000 Need Exists 6 Site
PICNIC SHELTER 1.00 Site per 7,500 Need Exists 5 Site
BIKE PARK/SKATEPARK/PUMP TRACK 1.00 Site per 75,000 Meets Standard - Site OUTDOOR SWIM CENTER 1.00 Site per 50,000 Meets Standard - Site DISC GOLF 1.00 Site per 50,000 Need Exists 1 Site
INDOOR AMENITIES
INDOOR COMMUNTY/REC FACILITIES 1.50 Sq ft per Person Need Exists 13,992 Sq ft Recommended Service
Levels
Additional Facilities/
Amenities Needed
Service Levels 2035 Standards Overall
TABLE 3-4: LEVEL OF SERVICE NEEDS FOR 2035
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FIGURE 3-6:
FUTURE PLANNING
EFFORTS
9.3.b
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FUTURE PARK AND
FACILITY DEVELOPMENT
Several future developed parks and facilities have
been planned and are expected to be constructed
within the next 10-15 years and are shown below.
The table identifies an additional 48.4 acres and park
amenities that, when developed or made publicly
accessible, will be added to the City’s parks system.
Recreation Component Unit
Total
Exisiting
Inventory
Future
City
Inventory
Future
School
Inventory
Future
Developer
Related
Inventory
Total
Future
Planned
Inventory
Total Existing
PLUS Future
Inventory
% of
Inventory
Provided by
City
DEVELOPED PARKS
POCKET PARKS Acre(s) 0.88 2.06 0.90 2.96 3.84 77%
NEIGHBORHOOD PARKS Acre(s) 1.94 9.86 11.62 21.48 23.42 8% COMMUNITY PARKS Acre(s) 11.78 2.50 12.46 9.00 23.96 35.74 40% SPECIAL USE PARKS Acre(s) 10.03 - 10.03 100%
Total Acre(s) 24.63 4.56 22.32 21.52 48.40 73.03 40%
OUTDOOR AMENITIES
DIAMOND FIELD Field 2.00 - 2.00 100%
MULTIUSE FIELD Field 1.00 1.00 1.00 2.00 3.00 33%
BASKETBALL COURT Court 1.00 3.50 2.00 5.50 6.50 15%
PICKLEBALL COURT Court - - - - -
TENNIS COURT Court - 3.00 1.00 4.00 4.00 0%
VOLLEYBALL COURT (SAND/GRASS) Court - - - - -
DOG PARK Site - - 1.00 1.00 1.00 0%
PLAYGROUNDS Site 6.00 4.00 1.00 5.00 11.00 55%
PICNIC SHELTER Site - 2.00 2.00 2.00 0%
BIKE PARK/SKATEPARK/PUMP TRACK Site 1.00 - 1.00 100%
OUTDOOR SWIM CENTER Site 1.00 - 1.00 100%
DISC GOLF Site - - - -
INDOOR AMENITIES
INDOOR COMMUNTY/REC FACILITIES Sq ft` 41,567 0 41,567 100% Inventory
TABLE 3-5: FUTURE PARK AND FACILITY DEVELOPMENT
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PLANNED FUTURE PARKS IMPACT ON
LEVEL OF SERVICE NEEDS
To understand the impact that the future parks and
facilities will have on the City’s ability to meet the
service level standards shown on the previous table,
a comparative level of service table was developed as
shown below.
Recreation Component Meet Standard/
Need Exists
Meet Standard/
Need Exists
DEVELOPED PARKS
POCKET PARKS 0.10 acres per 1,000 Need Exists 3 Acre(s) Meets Standard - Acre(s) NEIGHBORHOOD PARKS 1.00 acres per 1,000 Need Exists 35 Acre(s) Need Exists 14 Acre(s) COMMUNITY PARKS 1.63 acres per 1,000 Need Exists 49 Acre(s) Need Exists 25 Acre(s) SPECIAL USE PARKS 0.27 acres per 1,000 Meets Standard - Acre(s) Meets Standard - Acre(s) Total 3.00 acres per 1,000 Need Exists 87 Acre(s) Need Exists 38 Acre(s)
OUTDOOR AMENITIES
DIAMOND FIELD 1.00 Field per 20,000 Meets Standard - Field per Meets Standard - Field MULTIUSE FIELD 1.00 Field per 7,500 Need Exists 4 Field per Need Exists 2 Field BASKETBALL COURT 1.00 Court per 7,500 Need Exists 4 Court per Meets Standard - Court PICKLEBALL COURT 1.00 Court per 10,000 Need Exists 4 Court per Need Exists 4 Court TENNIS COURT 1.00 Court per 15,000 Need Exists 2 Court per Meets Standard - Court VOLLEYBALL COURT (SAND/GRASS) 1.00 court per 15,000 Need Exists 2 court per Need Exists 2 Court DOG PARK 1.00 Site per 20,000 Need Exists 2 Site per Need Exists 1 Site PLAYGROUNDS 1.00 Site per 3,000 Need Exists 6 Site per Need Exists 1 Site PICNIC SHELTER 1.00 Site per 7,500 Need Exists 5 Site per Need Exists 3 Site BIKE PARK/SKATEPARK/PUMP TRACK 1.00 Site per 75,000 Meets Standard - Site per Meets Standard - Site OUTDOOR SWIM CENTER 1.00 Site per 50,000 Meets Standard - Site per Meets Standard - Site DISC GOLF 1.00 Site per 50,000 Need Exists 1 Site per Need Exists 1 Site
INDOOR AMENITIES
INDOOR COMMUNTY/REC FACILITIES 1.50 Sq ft per Person Need Exists 13,992 Sq ft Need Exists 13,992 Sq ft Recommended Service
Levels
Additional
Facilities/
Amenities Needed
Additional Facilities/
Amenities Needed
Service Levels 2035 Standards BEFORE Future
Inventory Added
2035 Standards Overall AFTER
Future Inventory is Added
TABLE 3-6: PLANNED FUTURE PARKS IMPACT ON LEVEL OF SERVICE NEEDS
9.3.b
Packet Pg. 342 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Needs Assessment 115
The introduction of future parks into the parks system
has a significant impact on the following park, amenity and facility categories as summarized below:
• Developed Parks: The introduction of 48.40
acres of developed parks will reduce the City’s
developed park acreage need in 2035 by 54%
- from 87 acres needed to 38 acres needed.
• Multi-Use Fields: The introduction of two
multi-use fields will reduce the City’s need for
this type of field by 50% - from 4 fields needed
to 2 fields needed.
• Outdoor Basketball Courts: The introduction
of six and a half basketball courts will fully
satisfy the City’s need for this type of sport
court.
• Tennis Courts: The introduction of four tennis
courts will fully satisfy the City’s need for this
type of sport court.
• Off-Leash Dog Area: The development of one
off-leash dog area will fully satisfy the City’s
need for this type of amenity
• Playground: The introduction of five
playgrounds will reduce the City’s need for
this type of park amenity by 83% - from 6 sites
needed to 1 site needed.
• Picnic Shelters: The development of two
picnic shelters will reduce the City’s need for
this type of park amenity by 40% - from 5 sites
needed to 3 sites needed.
CITY CONTRIBUTION
LEVEL TO MEETING
RESIDUAL UNMET NEEDS
The recommended service level standards consider all
publicly accessible parks and facilities and City of East Palo Alto is one of many citywide providers of park
and recreation facilities and services and therefore
generally provides less than 100% of the total public
inventory. For each park and facility type, the City
of East Palo Alto’s share or responsibility to address
resident needs is reflected through recommended
City of East Palo Alto contribution strategy. Several
resources contribute to the determination of the City’s level of contribution, including but not limited to, the following:
• Ability for the City to acquire additional park
land for developed parks.
• The ability for the City to financially sustain
a high-quality park, open space, and trail
system.
• Assumption that redevelopment within the city,
including the provision of publicly accessible
parkland, will complement the publicly
accessible park and recreation offerings in the
city.
The contribution strategy represents the percentage
that the City should be responsible for in meeting
community needs to provide its share of needed
facilities and parkland through 2035. The following
summarizes the level of City of East Palo Alto’s
contribution to support the recommended Service
Level Standards for each major park and facility
type that will be needed through 2035. The plan
recommends that the City be responsible for 50% of
the additional acreages needed after the addition of
the future inventory acreage. This is approximately 20
acres of developed parkland. The City should provide
100% of the remaining indoor community facilities
square feet required which equals 13,992 square feet.
9.3.b
Packet Pg. 343 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 116 East Palo Alto Parks Master Plan
BELL STREET PARK
9.3.b
Packet Pg. 344 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 4 Recommendations & Implementation 117
RECOMMENDATIONS
& IMPLEMENTATION
4.1 Improving our Parks
4.2 Expanding our Parks
4.3 Recreation in our Communities
4.4 Capital Costs and Funding Opportunities
4.5 Operations, Park Maintenance and Staffing Proposal
9.3.b
Packet Pg. 345 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 118 East Palo Alto Parks Master Plan
COOLEY LANDING
9.3.b
Packet Pg. 346 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 119
This chapter weaves together the evaluation of
existing conditions from chapter 1, the community
priorities identified in chapter 2, and the needs
assessment (based on demographics, economic
and social changes, growth projections and planned
developments) from chapter 3 into concrete actions
and specific improvements aimed to achieve the goals
of the master plan.
These improvements fall into six categories: (1)
improvements to existing parks; (2) new or expanded
parks; (3) recreation partnerships; (4) capital
improvement costs and funding opportunities; (5)
operations and staffing, and (6) park maintenance.
Improvements are described in the sections that
follow.
In each section, general recommendations are
presented, and shown alongside community priorities
learned from the engagement process. More detailed
site-specific enhancements are then summarized.
RECOMMENDATIONS &
IMPLEMENTATION
9.3.b
Packet Pg. 347 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 120 East Palo Alto Parks Master Plan
COMMUNITY EVENT
EPA TREE LIGHTING CEREMONY
9.3.b
Packet Pg. 348 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 121
4.1 IMPROVING OUR PARKS
Existing parks are loved and can be invested in to
better meet the needs of the community through
augmented maintenance, lifecycle replacement of
worn out items, and strategic improvements. Some
parks are identified for major revisioning through
a master plan. Two parks - MLK and Bell Street -
are already undergoing redesign through active
community planning exercises.
This section describes general recommendations for
each existing park based on feedback received though
the Park Master Plan process.
Tables in the appendix list existing facility repairs
and lifecycle replacements needed in each park.
These basic improvements are fundamental for
a functional park. Projects may include repairs to
paving, replanting, repainting, routine maintenance,
as well as removing barriers of access for people with
disabilities.
Strategic park improvements in the table are
characterized as ones that aim to make measured
park enhancement to the existing system. They may
include site redesigns, amenity, and facility upgrades, introduction of new facilities within the park system.
This category describes the extra services or capital
improvements that should be undertaken when
additional funding is available.
9.3.b
Packet Pg. 349 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 122 East Palo Alto Parks Master Plan
4.1 IMPROVING OUR PARKS
The East Palo Alto community values and has deep ties with their parks. From cultural celebrations, family gatherings, and youth athletics, parks serve a wide cross section of the community. The community’s clear priority is to invest in existing parks to expand experiences, make repairs, and improve safety. The following recommendations will improve existing parks.
1. Increase accessibility to all
existing park restrooms by
ensuring that they are open and
well maintained
2. Create spaces within parks for
locally owned businesses and
food trucks to operate during
special community events and
holidays
3. Ensure all parks are well lit to
provide a sense of safety and
improved surveillance
4. Install community bulletin
boards in all EPA parks to provide
community members with access
to City resources, events, and
other activities
5. Improve signage and wayfinding
markers at entrances and along trails
to help park users navigate with
confidence
6. Incorporate historical markers,
interpretative signage, and
educational panels within parks
7. Aspire to provide universal access
and go beyond minimum ADA
requirements to achieve broader
access for all residents
8. Improve pedestrian access to
parks by advocating for safe street
crossings within a 1/4 mile walkshed
of all parks
9. Improve integration with transit
and bicycle networks to expand
park access and increase active
transportation
RECOMMENDATIONS FOR IMPROVING PARKS
9.3.b
Packet Pg. 350 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 123
10. Establish relationships with
organizations such as Downtown
Street Team to support unhoused
communities living in parks and
make parks available for everyone
11. Create greater connectivity to the
Bay Trail - open the gate at Rutgers
Street
REGIONAL CASE STUDY
DOWNTOWN STREETS TEAM
Downtown Streets Team works collaboratively
to restore dignity, inspire hope, and provide a
pathway to recover from homelessness.
Team members are unhoused neighbors or
folks at risk of experiencing homelessness.
They receive access to case management,
system navigation, and employment
placement services from trained DST Case
Managers and Employment Specialists. Teams
engage in community beautification and
clean-up projects that help challenge common
negative perceptions of homelessness.
Downtown Streets Team operates in 16
communities across Northern and Central
California. In the Peninsula, they work with
communities in Redwood City, Sunnyvale, and
Palo Alto.
Some parks in EPA host an unhoused
population who would benefit from the
support of the Downtown Streets Team to
connect them with services and may result in
a more welcoming park atmosphere.
Connect People to Parks
Create Diverse & Inclusive Parks
Promote Public Health & Sustainability
Celebrate the Bay
Activate EPA Parks
Improve Park Operations
Grow Programmings & Partnerships
✓
✓
✓
COMMUNITY PRIORITIES
✓
✓ Celebrate the Bay
✓
9.3.b
Packet Pg. 351 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for
MAINTAINING OUR PARKS
124 East Palo Alto Parks Master Plan
COMMUNITY VOICES & PARK NEEDS
Jack Farrell Park is a wonderful space that sits low
in a basin in north EPA. It has numerous passive and
active recreational amenities such as a basketball
court, a baseball field, a walking loop, picnic and
seating areas, as well as a playground, and recently
installed fitness equipment.
Issues such as safety and disrepair affect Jack Farrell Park, but opportunities exists to make significant
improvements in the short-term and long-term.
Access through Fordham Street can be improved
by removing barriers such as chains and addressing
slopes. The perimeter fence surrounding the park
on the back is in disrepair and should be replaced.
Traffic calming should happen along Fordham for
safer crossings. Other small planting improvements
add to the sense of safety and appeal to residents.
Raising the canopy of existing trees, especially near
the baseball backstop improves sightlines and “eyes
on the park”.
Long term strategies should consider stormwater
storage capacity in large underground chamber under
the park as part of a citywide plan to prevent flooding. • Access to park via Fordham St and Michigan
Ave
• Amphitheater seating
• Multi-use fields for active play
• Seating and picnic areas
• Entrance identity around the park
• Access at park entries
• Raise tree canopy for better sightlines
• Lighting at outdoor basketball court
• Fence replacement at park rear perimeter
LIST OF ENHANCEMENTS
$2,421,000
TOTAL COST
OF LIFECYCLE
REPLACEMENT
JACK FARRELL PARK
EXPANDING OUR PARKS
$1,797,700
9.3.b
Packet Pg. 352 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 125
See
Chapter 1.4
for Park
Assessments
9.3.b
Packet Pg. 353 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 126 East Palo Alto Parks Master Plan
Important strategic park improvements can be
accomplished at Jack Farrell Park to meet both
level-of-service goals and desires from community
members.
The conceptual proposal for strategic improvements
recommends these key moves:
• An improved street entry that is ADA accessible
with stairs and ramps creates a new visible park
entry and gently bringing users down to the level
of the sport fields and playgrounds.
• An improved street edge with parking spaces,
permeable parking surface for storm-water
management, and streetscape improvements.
• New and improved entrance via Michigan Ave
with walking path, signage, and planting.
• Amphitheater seating to address grade changes
along Fordham and provide seating to view
events and performances.
• Replace permanent outfield fence with temporary
fence during games to allow other activities to
use the grass during non-baseball game periods.
• Consider turf improvements in order to ease
maintenance and water usage.
• Additional space for small amenities such as
BBQ area, gathering, skate spot, etc.
• New perimeter fence along the park.
• Raise existing tree canopies to provide clear
sightlines for safety within the park.
Amphitheater steps for event
and performance viewing
Improved play areas
Improved access on
Michigan Avenue
Improve lighting at existing
basketball court
Michigan Avenue
Fordham Street
JACK FARRELL PARK
IMPROVEMENTS
Expand use area for picnics
and gatherings
FIGURE 4-1:
PROPOSED IMPROVEMENTS FOR JACK
FARRELL PARK
9.3.b
Packet Pg. 354 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 127
Grand new entry with
stairs and ramps
Expand recreational use of
existing field
Renovate bathrooms
with time locking doors
Expand use area for picnics
and gatherings
Improve street edge and
parking
Improve access to
surrounding neighborhood
Raise tree canopy to improve
sightliness
Replace fence
surrounding the park
Gonzaga Street
Illinois Street
Install temporary fence during
baseball games
9.3.b
Packet Pg. 355 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for
MAINTAINING OUR PARK
$1,197,000 S
TOTAL COST
OF LIFECYCLE
REPLACEMENT
128 East Palo Alto Parks Master Plan
COMMUNITY VOICES & PARK NEEDS
Joel Davis Memorial Park is a well-maintained
park that is popular because of the walking loop,
playground, picnic tables, vast lawn, and shade trees.
It is nestled within a residential neighborhood and
cohesively integrated within its context.
Simple moves can enhance the park. Additional
seating options can be placed around the park edges
to offer local residents comfortable places to sit. A
connection can be made between the park and the
City’s governmental offices, to provide employees
with an easier connection into the park and improve
activation. Given the parks popularity and function
as a community park for the southern neighborhoods
of EPA, installing permanent bathrooms is desirable.
More strategic improvements for the long-term
success of the park are discussed in greater detail on
the following spread.
• Direct connection between the park
and EPA’s Community and Economic
Development and Public Works Engineering
offices
• Permanent bathroom (planned)
• Bocce ball courts
• Outdoor putting green
• Seating options around the perimeter of the
park
• Expanded picnic and seating options
• Additional waste receptacles
• Open lawn area for informal games and play
LIST OF ENHANCEMENTS
EXPANDING OUR PARKS
$283,200
JOEL DAVIS MEMORIAL PARK
9.3.b
Packet Pg. 356 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 129
See
Chapter 1.4
for Park
Assessments
9.3.b
Packet Pg. 357 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for FIGURE 4-2:
PROPOSED IMPROVEMENTS FOR JOEL DAVIS
MEMORIAL PARK
130 East Palo Alto Parks Master Plan
Existing park playgrounds
can be improved with shade
and small tot-lot
JOEL DAVIS MEMORIAL
PARK IMPROVEMENTS
Tate St
Joel Davis already is a well-maintained and heavily
used park in EPA. It serves its neighborhood by
providing a place for respite and leisure.
The strategic improvements proposed here aim to
maintain the character and aesthetic of the park
as a beloved neighborhood gathering space. Small
recommendations and additions are proposed to
expand recreational opportunities.
• Open lawn area to be enhanced to allow for
spontaneous and informal play such as Frisbee,
soccer, touch football, or lawn picnics. Removal
or phasing out of 2-3 trees over time should be
considered.
• Additional picnic and seating areas by Tinsley St
and Mouton Cir to provide greater connectivity to
adjacent neighborhood.
• Additional benches around the perimeter of the
park to provide residents and visitors with greater
sitting options.
• Two bocce ball courts to expand recreational
opportunities and bring more amenities to the EPA
residents.
• New waste receptacles at corners of the park.
• Small putting green court by Oakes St to enliven
the park and expand amenities for EPA residents.
• Improved access between the park and the
City’s governmental offices to provide better
access to City employees.
• The popular play area can improved by adding
shade canopy or trees. A tot area can also be
considered.
9.3.b
Packet Pg. 358 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 131
New gate to provide better
access to City offices
New bocce courts for
added recreation
Additional seating and
picnic options
Open lawn area to remain clear for
recreational activities
Additional seating and
picnic space
New waste receptacles
New waste
receptacles
Putting
green course
McNair St
Oakes St
Mouton Cir
Tinsley St
9.3.b
Packet Pg. 359 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 132 East Palo Alto Parks Master Plan
COMMUNITY VOICES & PARK NEEDS
The Newbridge Street Pocked Park is tucked between
the corner of Newbridge Street and Bay Avenue. It
contains few amenities and functions primarily as a
passive green space for passerbys. It has a handful
of benches and a bus stop. The area has potential
to provide recreational benefit to residents through
introducing new amenities as described in the next
section.
• Small tot-lot with children’s play area,
mounded turf, small sand play zone, and
other play features
• New small path along west side of the park
• Monument sign at the corner of the park
• Corner beautification with planting and trees
• Additional spaces for seating and resting
LIST OF ENHANCEMENTS
POCKET PARK AT NEWBRIDGE
MAINTAINING OUR PARKS
$30,500
TOTAL COST
OF LIFECYCLE
REPLACEMENT
EXPANDING OUR PARKS
$384,000
9.3.b
Packet Pg. 360 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 133
See
Chapter 1.4
for Park
Assessments
9.3.b
Packet Pg. 361 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for FIGURE 4-3:
PROPOSED IMPROVEMENTS FOR NEWBRIDGE
POCKET PARK
134 East Palo Alto Parks Master Plan
The strategic improvements proposed here aim to
expand the possible uses of the park to create a multigenerational space for neighbors to enjoy. Suggested improvements and changes include the following:
• A small tot-lot area (5-years and under), to serve
as a gathering space for parents and their young
children.
• The tot-lot will include play features like low
climbers, cozy houses, small slides, a play
mound with tunnel, and a sand play area.
Peripheral seating helps caregivers watch their
kids.
• A 4’ fence secures the tot lot area.
• The existing lawn and trees remain in place and
can accommodate passive recreational uses, such
as reading, lounging, or having a picnic.
• Additional small gathering spaces around
the children’s area with chairs and tables for
neighbors to enjoy.
• The garden-like tip of the park is enhanced with
new flowering and climate appropriate plants
for beautification.
• New monument signage marks the parks corner
entrance.
• Signage identifies the park name and history.
Tree and planting
beautification
New signage to build
park identity
POCKET PARK
AT NEWBRIDGE
IMPROVEMENTS
9.3.b
Packet Pg. 362 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 135
Play mounds and
tunnels
Tot lot area
Sand play zone
Low fence around
children’s play area
Benches
Climbing play
features
Open lawn area to
remain clear for passive
activities
Additional seating area
for seniors
Tot lot gate
Bay Road
Newbridge Street
9.3.b
Packet Pg. 363 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 136 East Palo Alto Parks Master Plan
• Ensure the correct waste receptacles are
installed on-site to meet Bay Trail standards
• Improve active transportation and public
transit options to Cooley Landing to provide
more safe and equitable access to all
residents
• Hire a third-party operator to run Cooley
Landing and provide educational modules
with the support of MidPen
• Finish implementing Phase Six of the
Cooley Landing Vision Plan which includes
viewing piers, additional parking spaces,
cantilevered overlooks and a fishing pier
LIST OF ENHANCEMENTS
MAINTAINING OUR PARKS
EXPANDING OUR PARKS
$6,578,000
TOTAL COST TO
MAINTAIN OUR
PARK
$762,000
COMMUNITY VOICES & PARK NEEDS
Cooley Landing is the newest park in EPA, its location
offers many opportunities for wildlife viewing at the
water’s edge and out over the marsh. The Bay Trail
crosses through the park and provides a wonderful
amenity for residents and visitors alike. The park’s
community space is great for hosting events and other
educational opportunities.
There are certain strategic improvements that can
make the park more accessible to residents as
the primary means to get to the park is via private
vehicle. Improving active transportation along Bay
Rd and ensuring for a complete street will make it
safer for pedestrians and cyclist to enter and enjoy
the park. Completing the sixth phase of the Cooley
Land Vision Plan will ensure that viewing piers and
fishing piers are built to bring added amenities to
the park and revive a history of fishing along the Bay.
When evaluating Cooley Landing’s additional phases,
reference the Cooley Landing Partnership Agreement
between the Midpeninsula Regional Open Space
District and the City.
COOLEY LANDING ADDITIONAL PHASES
9.3.b
Packet Pg. 364 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 137
See
Chapter 1.4
for Park
Assessments
9.3.b
Packet Pg. 365 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for SENIOR
CENTER
YMCA
UTURE
ELOPMENT FUTURE
DEVELOPMENT
BELL ST.
UNIVERSITY AVENUE
UNIVERSITY AVENUE
PARK PEDESTRIAN ENTRIES
ENTRADAS PEATONALES AL PARQUE
LIGHT FIXTURES, DIFFERENT TYPES ACCORDINGLY WITH CONTEXT AND SAFETY REQUIRERMENTS
LUMINARIAS DE DIFERERNTES TIPO DE ACUERDO CON EL CONTEXTO Y REQUERIMIENTOS DE SEGURIDAD
MAIN RECREATIONAL LAWN
CESPED PRINCIPAL PARA ACTIVIDADES RECREATIVAS
ORCHARD COURTYARD
PATIO DE HORTALIZAS
ENHANCED PATH WITH SEATING AND WHEEL STOPPERS AT SENIOR CENTER.
SENDERO PEATONAL MEJORADO CON BANCAS Y TOPES PARA LLANTAS
ACCESIBLE BATHROOMS
BANOS ACCESIBLES
CHESS COURTYARD
PATIO DE AJEDREZ
EXISTING PARKING LOT TO RENOVATE TO BE FLUSH WITH SENIOR CENTER’S SIDEWALK
ESTACIONAMIENTO EXISTENTE A RENOVAR A NIVEL CON BANQUETA DEL CENTRO DE ADULTOS MAYORES
SHADE STRUCTURE
ESTRUCTURA PARA SOMBRA
FEATUREE PLAZA AND DONOR WALL
PLAZA Y MURO DE DONADORES
OUTDOOR SOFAS - CONCRETE BASE WITH RUBBER FINISH
SOFAS EXTERIORES - CONCRETEO CON RECUBRIMIENTO DE GOMA
ACCESSIBLE RAISED PLANTING BEDS - SCIENCE CORRIDOR
CAMAS DE PLANTACION ACCESIBLE PARA VEGETALES - CORREDOR DE CIENCIAS
ENTRY SIGN AND WAYFINDING
SENALAMIENTO DE ENTRADA Y CIRCULACION
BIORETENTION BASIN
AREA DE INFILTRACION DE AGUAS PLUVIALES
CURBLESS DROP-OFF AREA
AREA DE DESCENSO A NIVEL
EAST PALO ALTO PORTAL - THRESHOLD LANDMARKS
HITOS - PORTAL DE ENTRADA A LA CIUDAD DE EAST PALO ALTO
BIKE RACKS
ESTACIONAMIENTO PARA BICICLETAS
SPECIAL PAVING ATP ENTRY PORTAL
PAVIMENTO ESPECIAL EN EL PORTAL DE ENTRADA
EUCLID CORRIDOR
CORREDOR EUCLID
U SHAPE COMMUNITY SEATS
ASIENTOS COMUNITARIOS EN FORMA DE U
OUTDOOR COMMUNITY GATHERING PLAZA WITH FIXED AND MOVABLE FURNISHINGS
PLAZA DE ESTAR COMUNITARIA CON MOBILIARIO FIJO Y MOVIBLE
AMPHITHEATER
ANFITEATRO
HALF BASKETBALL COURTS
MEDIAS CANCHAS DE BASKETBALL
TACTILE GUIDEWAYS AT PAVING
GUIAS TACTILES EN PAVIMENTO
FOCAL ELEMENT - I.E. CONCESSION KIOSK, WATERFEATURE, TBC AT DESIGN PHASE ELEMENTO FOCAL: KIOSKO DE CONCESION, FUENTE. CONFIRMACION EN LA ETAPA DE DISEÑO
OUTDOOR GYM FOR ADULTS AND SENIORS
GIMNASIO AL AIRE LIBRE PARA ADULTOS
POTENTIAL ENTRIES FROM ADJACENT FUTURE DEVELOPMENT PROJECTS
ENTRADAS POTENCIALES DESDE LOS PROYECTOS DE DESARROLLO COLINDANTES
SKATIE COURT
PISTA DE PATINAJE
BBQ AND PICNIC AREA
AREA DE PICNIC Y BBQ
STUDY OUTDOOR STATIONS POWERED WITH PHOTOVOLTAIC CELLS
ESTACIONES EXTERIORES DE ESTUDIO CON CELDAS DE ENERGIA SOLAR
ALL ABILITIES, ALL AGES UNIVERSAL PLAYGROUND
ZONA DE JUEGOS PARA TODAS LAS HABILIDADES Y CUALQUIER EDAD MULTI-USE COURTS: BASKETBALL AND SPEED SOCCER
CANCHAS MULTIUSO: BASKETBALL Y FUTBOL DE SALON
OUTDOOR LEARNING PODS
MINIPLAZAS DE INSTRUCCION AL AIRE LIBRE
1 1
1 1
10 10
10 10
19 19
19 28
2 2
11 11
20 29
3 3
12 12 21
21 30
31 32
33 4
4 7
7 5
7 5
13 13
22 5
14 14 14
23 6
6 6
15 15
24 7
16 16
25 8
8 17
17 17
17 26
9 9
9 18
18 27
all abilities all ages all welcome City of East Palo Alto - Magical Bridge Foundation 138 East Palo Alto Parks Master Plan
BELL STREET PARK RENOVATION
FUTURE MASTER PLAN
A master planning process was carried out in 2021-
22 to redevelop Ball Street Park along University
Avenue. The project is being led by the Magical Bridge
Foundation, a local nonprofit. The goal is to create
an outdoor recreation space that serves the entire
community.
Improved amenities will include an enhanced
pedestrian entry, a skate park, an activity lawn,
new playgrounds, BBQ stations, outdoor gym, an
amphitheater, picnic area, and gathering spaces.
• Ensure there are clear and easy connections
between the YMCA and the future Bell St
Park
• Ensure there are traffic calming measures to
create a safe crossing space for pedestrians
and cyclist entering the park
ADDITIONAL CONSIDERATIONS
EXPANDING OUR PARKS
$15 MILLION
9.3.b
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BELL STREET PROPOSED MASTER PLAN
Source: Magical Bridge Foundation
SENIOR
CENTER
FUTURE DEVELOPMENT
YMCA
FUTURE
DEVELOPMENT
FUTURE
DEVELOPMENT FUTURE
DEVELOPMENT
EUCLID AVE.
BELL ST.
UNIVERSITY AVENUE
UNIVERSITY AVENUE
1 1
1 1
10 10
10 19
19 2
11 20
3 12
22 21
4 7
7 5
5 7
5 13
14 14
23 6 6
15 16
8 17
17 10
17 17
17 9
9 18
Bell Street Park 07.19.2022 all abilities all ages all welcome Recommendations & Implementation 139
9.3.b
Packet Pg. 367 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 140 East Palo Alto Parks Master Plan
MARTIN LUTHER KING JR. PARK RENOVATIO
FUTURE MASTER PLAN
In 2021 and 2022, the City was developing a new
master plan to guide the improvement and expansion
of Martin Luther King Jr. Park to better suit the
needs and desires of residents. As of this writing,
environmental review is underway.
There was community consensus around the
idea of an intergenerational park with a dedicated
baseball field. Key amenities will include a track, an
amphitheater with performance space, accessible
playground, outdoor fitness features, multi-use
courts for soccer, football, and rugby, amongst other
amenities.
• Ensure clear and accessible connections
between the park and the Bay Trail
• Assess future opportunities for watercapture and storm-water management in the park
• Assess possibility of installing cisterns
below the park to mitigate future flooding
• Utilize seasonal wetlands as an opportunity
for nature demonstration and education
ADDITIONAL CONSIDERATIONS
EXPANDING OUR PARKS
$22 MILLION
9.3.b
Packet Pg. 368 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for FIGURE 4-5:
MLK JR. PARK PROPOSED MASTER PLAN
Source: Verde Design
Recommendations & Implementation 141
ON
9.3.b
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IMPROVING OUR TRAILS
SAN FRANCISCO
BAY TRAIL
The San Francisco Bay Trail – which provides more
than 350 miles of multi-use trails – is a great amenity that residents of EPA are able to enjoy and have
access to as part of their parks and open space
system.
Recent projects in EPA, such as the Ravenswood Bay
Trail project managed by the Midpeninsula Regional
Open Space District, have helped close critical gaps
of the Bay Trail between University Avenue and
the Ravenswood Preserve. Completing this project
continues to bring great benefits and access to
residents of EPA.
Ensuring that EPA residents continue to have safe
access to the Bay Trail is of priority. Opening the gates on Rutgers St will remove a critical barrier between
the community and the trail.
Ongoing trail maintenance and safety patrols are
necessary to promote a safe environment for users.
SAFER BAY PROJECT
The Strategy to Advance Flood protection, Ecosystems
and Recreation along the San Francisco Bay (SAFER
Bay) project aims to reduce the risk of flooding within the cities of East Palo Alto and Menlo Park. The
project will enable adaptation to our changing climate
by utilizing tidal marsh areas for flood protection. Two options were proposed for the area adjacent to the
future RBD/4 Corners development. The preferred
option for the location of the shoreline levee is on the shore side, Option 2, utilizing the levee for a bayside trail and the creation and retention of upland and
marsh habitat while at the same time preserving the
Existing Levee Trail
Option 2 Levee (Retained)
Option 1 Levee (Dropped)
RBD Planned Park Areas
existing Bay Trail levee in Ravenswood Open Space
Preserve for recreational use.
BAY TO SEA TRAIL
FEASIBILITY STUDY
The Bay to Sea Trail is being spearheaded by the
Peninsula Open Space Trust. The project is comprised
of a 40-mile multi-use trail that would begin both
in Redwood City’s Bair Island and the Ravenswood
Open Space Preserve in EPA and extend through the
foothills and into the ocean reaching Half Moon Bay.
The multi-use trail will accommodate a variety of user
groups such as hikers, equestrians, and bicyclist. It
will have a consistent and continuous experience
and aesthetic along the entire corridor. It has the
opportunity to become a destination as it will start
in EPA and extend west all the way to the ridge and
ocean.
FIGURE 4-6:
SAFER BAY LEVEE ALIGNMENT OPTIONS
9.3.b
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• Open gate to SF Bay Trail along
Rutgers Street.
• Ensure all entrances to the SF
Bay Trail are open and have ADA
accessibility.
• Improve integration with transit
and biking networks to expand
access into the SF Bay Trail from
surrounding neighborhoods.
Coordinate activity with RBD
developments.
• Enhance trail security through
partnerships, volunteering,
regular police patrols, and clean
up.
ADDITIONAL CONSIDERATIONS
See
Chapter 5.4
for Trail Design
Guidelines
FIGURE 4-7:
IMPORTANT TRAIL
NETWORK CONNECTIONS
9.3.b
Packet Pg. 371 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 144 East Palo Alto Parks Master Plan
SOURCE: CITY OF EPA
RENDERINGS FOR THE
EAST PALO ALTO WATER FRONT PROJECT
9.3.b
Packet Pg. 372 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 145
4.2 EXPANDING OUR PARKS
As EPA focuses on the need to maintain, improve, and
expand its existing parks system, the City must also
provide new park land to keep pace with population
growth and LOS goals. This section describes
recommendations and opportunities for the City to
deliver new parks as it is able to do so over time.
Identified opportunities include shared school yards
and joint-use agreements; the Ravenswood Business
District/4 Corners development; new city parks
through City owned properties; and future public/
private partnership opportunities.
9.3.b
Packet Pg. 373 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 146 East Palo Alto Parks Master Plan
As the City continues to assess the best ways to increase park acreage to keep up with population growth and LOS goals, the following recommendations provide a road map for strengthening partnerships with the School District, collaborating with developers to provide access to residents, and exploring other mechanisms to incentivize additional park development.
1. Implement shared-use agreements
with the Ravenswood City School
District.
2. Leverage City-owned property to
create new parks.
3. Evaluate streets as potential open
space assets and identify streets that
could be converted to linear parks or
plazas.
4. Pursue grants for parkland acquisition
and development. For example,
Community Development Block
Grant (CDBG) funds can be an
important source of funding for park
development.
RECOMMENDATIONS FOR EXPANDING OUR PARKS
INCREASING OUR PARK LAND
5. Establish a Community Space Fund to
collect development impact fees and
accumulate funds for the acquisition
and improvement of parks and open
space.
6. Provide incentives for park land
beyond what is required. The City can
consider offering additional density,
height, and floor area in exchange for
the provision of public open space.
7. Establish Community Benefits
Agreements between EPA and
developers. Community-based
organizations could play an active role
in representing residents’ interests.
4.2 EXPANDING OUR PARKS
9.3.b
Packet Pg. 374 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for Recommendations & Implementation 147
Connect People to Parks
Create Diverse & Inclusive Parks
Promote Public Health & Sustainability
Celebrate the Bay
Activate EPA Parks
Improve Park Operations
Grow Programmings & Partnerships
✓
✓
✓
✓
COMMUNITY PRIORITIES
8. Develop access and operation
standards for parks owned or
operated by developers to ensure
spaces support community needs.
9. Explore greater use of Special
Districts citywide such as a
maintenance or community facilities
district. By implementing maintenance
agreements with developers the long
term longevity and upkeep of new
park facilities can be assured.
Chapter 5.5
for joint-use
agreement best
practices
RENDERINGS FOR THE
EAST PALO ALTO WATER FRONT PROJECT
9.3.b
Packet Pg. 375 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 148 East Palo Alto Parks Master Plan
CITY-OWNED PARCELS
The City of EPA owns ten parcels around the city that
have the potential to provide additional greening to
fill gaps within the park system. A majority of these
parcels are fairly small, but the City can create small improvements with benches and trees to bring respite
and greenery to residents.
NEW CITY PARK OPPORTUNITIES
SFPUC RIGHT-OF-WAY
LINEAR PARK
There is an opportunity to pursue the creation of
a public linear park atop the San Francisco Public
Utilities Commission’s right-of-way in the University
Village neighborhood. The linear park would create a
direct connection for residents to the Bay Trail, as well as safe access to the future EPA Waterfront. For this
project to succeed there will need to be a conditional
use agreement established with SFPUC to coordinate
the construction and management of the park and
coordination with SFPUC and Midpen on access to
the Bay Trail.
2.06 acres
CITY-OWNED PARCELS
APN: 063042130
APN: 063083020
APN: 063102220
0.1 0.1
0.2 APN: 063210280 0.06
APN: 062243160
APN: 063551410
APN: 063501100
0.1 0.1
0.1 0.2 APN: 063533140
APN: 063680090 0.6
0.5 APN: 114160130
SFPUC RIGHT-OF-WAY PARK
SOURCE: GOOGLE EARTH
9.3.b
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CITY-OWNED PARCEL AT
EAST BAYSHORE RD
CITY-OWNED PARCEL AT
UNIVERSITY ROAD
EXAMPLES OF SEPARATED CLASS I
BIKEWAY
DELAWARE RIVER WATERFRONT IN
PHILADELPHIA, PA
9.3.b
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GREEN SCHOOLYARD
RENOVATIONS
In order to meet the open space goals in the General
Plan, the Plan proposes a set of joint use agreements
or agreements between the City of East Palo Alto
and the Ravenswood City School District (RCSD).
Agreements would provide after-school access to
outdoor portions of school campuses for use and
enjoyment by the community. By opening schoolyards,
there will be more opportunities for residents to
have access to special equipment like courts, tracks,
exercise components, and flexible black top areas.
School grounds can be community hubs for social
gathering, emergency preparedness, play, and
recreation programs.
SHARED SCHOOLYARDS
Shared-use agreements will not only benefit the City
and its residents, but they also have the potential to
benefit the School District.
Shared-use agreements can create deeper
connections between residents of East Palo Alto and
the District, expanding the circle of ownership beyond
those with direct links to the schools.
Shared-use agreements have the potential to broaden
public support for funding improvements to both
schools and parks.
Currently there are planned school renovations at
Cesar Chavez Ravenswood Middle School, Costano
Elementary school, and Los Robles Ronald McNair
Academy. Joint community use of these sites would
add an additional 22 acres to the City’s park system.
COSTANO ELEMENTARY SCHOOL
CESAR CHAVEZ RAVENSWOOD MIDDLE SCHOOL
LOS ROBLES RONALD MCNAIR ACADEMY
7 12
3 22 acres
SHARED SCHOOL INVENTORY
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EXISTING SCHOOL FACILITIES
1. Costano Elementary School
2. Cesar Chavez Ravenswood Middle School
3. Eastside College Preparatory School
4. East Palo Alto Academy
5. Los Robles Ronald McNair Academy
6. East Palo Alto Charter School
LEGEND
City Boundary
Existing City-owned Parks
Schools
School Yard Improvements
COSTANO
ELEMENTARY
SCHOOL
CESAR CHAVEZ
RAVENSWOOD
MIDDLE SCHOOL
LOS ROBLES
RONALD MCNAIR
ACADEMY
FIGURE 4-8:
SCHOOLYARD IMPROVEMENTS
9.3.b
Packet Pg. 379 Attachment: Draft Parks, Recreation, and Open Space Master Plan (2618 : Approval of the Parks, Recreation, and Open Space Master Plan for 152 East Palo Alto Parks Master Plan
BAY ROAD COMMUNITY HUB
In December 2022, the Ravenswood City School
District received a $30 million gift from the SHP
foundation to develop a community hub at the field of
Bay Road at the Cesar Chavez Ravenswood Middle
School. The Community Hub will have a multitude of
dynamic uses and amenities, including:
• Basketball Gym
• Community Meeting Spaces
• Clinic Spaces
• Other uses directly benefiting families
SHARED SCHOOLYARDS
CESAR CHAVEZ RAVENSWOOD
MIDDLE SCHOOL
As part of a $50 million Measure M bond, Cesar
Chavez Ravenswood Middle School (CCRMS),
two new buildings are being constructed and all
classrooms are being renovated. Recreational
improvements include:
• Forever Young Foundation Partnership to
build an 8to80zone. The 8 to 80 Zones are a
collaboration between Steve Young (#8) and
Jerry Rice (#80), which provide youth living in
underserved communities the skills to pursue
careers in technology, Esports, gaming, and
media.
• Magical Bridge Playpark is developing an
all inclusive outdoor space, that will include,
recreational amenities, spaces for gathering,
and other amenities based on community
input.
BAY ROAD COMMUNITY HUB
PROPOSED PLAN
SOURCE: RAVENSWOOD SCHOOL
DISTRICT
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COSTANO ELEMENTARY SCHOOL
Funding is being sought after in order to implement
conceptual plans for recreational enhancements at the
Costano School of Arts including:
• New kindergarten playgrounds
• New sports field
LOS ROBLES RONALD MCNAIR