Mid-Peninsula Regional Open Space Seeks Public Funds for Parks & Open Space

Votes in the MidPen jurisdiction, which includes many cities in San Mateo and Santa Clara counties will be presented with an opportunity to approve a bond measure to help fund a $300 million bond measure for park funding.  A two-thirds vote will be necessary for approval.

The bond authorization, if approved, will be a tax rate not to exceed $3.18 per $100,000 of assessed property value, and would probably start at about $1 per $100,000 which would be in addition to the current $17 per $100,000 in assessed value that homeowners currently pay to the Open Space District.

The MidPen region covers approximately 62,000 acres of Open Space.  This bond money would help fund expanding access to public land, preserving redwood forests, restoring land that feeds lakes, streams and waterways, preserving agricultural land in San Mateo county coast, and restoring native vegetation.  This is the first time in 41 years that MidPen is seeking additional help from voters.

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Dual Agency Only Creates Conflicts & Increases Risks for All Parties

A dual agency real estate relationship exists when a real estate agent or a broker represents both sides of a real estate transaction.  By definition an agent is required to act as a fiduciary towards their clients, however, under a dual agency scenario it is virtually impossible to be a fiduciary for both a buyer and a seller in the same transaction.  “Fiduciary” is defined by Black’s Law as a word derived from Roman law meaning, as a noun, a person or entity, holding the character and position as a trustee, with respect to the trust and confidence involved with candor and scrupulous good-faith towards their principal’s affairs and property.  A fiduciary has duties to their principal involving good-faith, fair dealing, trust, special confidence, and candor towards their principal’s interests.  Fiduciary duties are imposed by law on real estate agents and brokers.

The only way a seller can legally agree to a dual agency relationship is when; 1) they have been provided a Dual Agency Disclosure document; 2) have been fully informed as to all of the pitfalls and potential problems associated with dual agency representation including being told the relationship will be now be limited and no longer a relationship that they should expect to exist; 3) have been advised to seek legal counsel; and 4) and after all of this cautionary language has been disclosed and reviewed still agree to the dual agency representation.

Several States Prohibit Dual Agency Real Estate Transactions for Good Reason

For good reason several states including Colorado, Florida and Kansas strictly prohibit dual agency transactions because it is incredibly difficult to withhold confidential information about a seller or a buyer when an agent is privy to such information.  Moreover, it is never in a seller’s best interest to allow their agent to represent a buyer on their property.  The seller should insist that the agent refer the buyer to another agent such that each party has equal and fiduciary relationships which will help avoid conflicts that are inevitable in a dual agency transaction.

Potential Conflicts, Issues, and Unknown Problems are Prevalent

The potential conflicts, disagreements, issues and parade of horribles that can arise in a dual agency relationship are almost infinite.  The best practice for all parties concerned is to have each party represented separately and equitably.

Buyers Asking For Help at Open Houses Are Common

Finally, it is a common practice these days for a buyer to walk into an Open House and tell the listing agent that they are unrepresented and would like to have the listing agent represent them because they feel like they would have an advantage or upper hand on other buyers.  It is precisely this thinking that should alert a competent and seasoned listing agent to refer this type of buyer to another agent for representation because there are unreasonable expectations at the outset of this relationship on behalf of the buyer.  A seller who agrees to a dual agency relationship should also have second thoughts and consider their own interests first before they agree to this dual representation.  Several of the reasons stated above should give enough pause for sellers, however, those reasons are merely the tip of the proverbial iceberg.

Best Practice:  As a listing agent with 23 years of experience and over 600 closed transactions I always refer any potential buyer to another agent so I avoid this conflict and maintain my primary fiduciary relationship with the principal who hired me in the first place.

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Palo Alto Foothills Park to Expand?

The Palo Alto Resident-Only Foothills Park may be expanding under a current proposal in front of the Palo Alto City Council.  In a memo to council members 7.7 acres of city-owned land next to the exclusive Foothills Park preserve was described as an environmentally important riparian (next to water) corridor.

The memo’s author indicated that it was “time” for the property to become dedicated parkland accessible to the public.  The three council authors, Pat Burt, Karen Holman, and Greg Schmid would like an ordinance that would permanently add the land to Foothills Park.

The land at issue was originally granted to the City in 1981 by the family of Palo Alto Medical Clinic founder Russell Lee with the reversionary caution that it be used for conservation purposes like parks and recreation.

The Foothills Park land (1,194 acres) was originally owned by Lee as well, but was sold to the City for $1,000/acre in 1958 as a “residents only” park.  Although the restriction was relaxed in 2005 only residents and guests can access the main gate to the Park on Page Mill Road.

If you have concerns or would like to attend the City Council meeting on this issue it is Monday, March 24, 2014 at 6PM, Palo Alto City Council Chambers.

Palo Alto’s California Avenue Farmers Market – Kick-Off This Sunday

The new and expanded California Avenue Farmer’s Market is kicking off this Sunday, March 23 from 9A to 1P.  This expanded market will help the city’s massive streetscape project which also began this week.  The weekly market will extend from California Avenue to Birch Street which will allow 25 new vendors to participate and share their products.

The new vendors are bringing a bushel of new food and drink options to compliment an already abundant display of food, drink and other products. 

Several new vendors include the Manresa Bread Project (Los Gatos restaurant), Beet Generation Juice, Tru Gourmet (organic dim sum), and Ladera Granola.  Spice Hound and the San Benito Tea Company will rotate every other week in one vendor space.

Barrett Farms (poultry), Fogline Farm (chicken and pork), and H&H Fresh Fish Co. round out the meat vendors.

Mariposa and Flour Chylde Bakery will provide gluten-free baked options.

Far West Fungi will feature their specialty mushrooms.

Palo Alto Mayor Nancy Shepherd will cut the ceremonial ribbon at 10:30A.

Looking forward to seeing you out there.

Palo Alto Plans New Bike Routes throughout City

Three decades after Palo Alto turned Bryant Street into the nation's first "bicycle boulevard," the city council is hearing a proposal to create similar bike-friendly routes on Greer Road, Wilkie Way, Park Boulevard and Stanford Avenue.

The four proposed bike routes are among the 17 bike type projects for which staff is requesting proposals. If City Council approves the request from city planners on Monday night, five contracts worth $2.2 million will be awarded to four different consultants for design work on these projects, which also include new bike routes on sections of Ross Road, Moreno Avenue and Bryant Street, where an existing bike boulevard would be extended north to Palo Alto Avenue and south to East Meadow Circle.

Consultants will also consider new bike routes in the Barron Park neighborhood and biking enhancements on Homer and Channing avenues.

Though the projects range in size and ambition, most seek to turn major segments of existing streets into bike boulevards -- streets with low traffic volumes, traffic-calming features such as speed humps, traffic circles and barriers and lane markings that aim to make it easy for cars and bikes to share the road. Bike boulevards also typically facilitate free-flow travel for bicycles by placing stop signs on streets crossing the boulevard, rather than the boulevard itself.

The Homer and Channing avenues project, which would stretch between Alma and Boyce Avenue, would turn each one-way street into an "enhanced bikeway," a less intense version of a bike boulevard that relies on lane markings and signage to encourage cars and cyclists to share the road.

In the staff proposal, the 10 projects would be divvied up between two consultants: Fehr & Peers and Alta Planning + Design. In addition, staff is proposing a $275,000 contract with Sandis Engineers to design bike enhancements on Churchill Avenue, between El Camino Real and Castilleja Avenue, and a $737,767 contract with Mark Thomas & Associates for a bike corridor on Charleston-Arastradero Road, between Fabian Way and Miranda Avenue.

The project includes new landscaped median islands, intersection bulb-outs, enhanced bike lanes, trees and streetlights, according to a staff report. The city has already received $450,000 in state funding and a $1 million grant from the Santa Clara Valley Transportation Authority for these improvements.

A fifth contract would also go to Alta for creation of a bike route along the Matadero Creek trail.

The city has also received a proposal from Mountain View-based tech giant Google, which is planning to occupy 200 San Antonio Road, a site that once housed Hewlett-Packard Co. and sits on the border between the two cities.

According to the staff report, Google has proposed to make various improvements in south Palo Alto, including a bike route on San Antonio near U.S. Highway 101; another one on San Antonio between Bryant and Alma; a third one on Alma between San Antonio and East Charleston Road; and a fourth one near Cubberley Community Center on Middlefield.

"Staff sees synergy opportunities in expanding this project to include these bicycle linkages," a report from the city's planning department states, noting that Google has agreed to fund "all consultant expenses for these projects directly."

The ambitious list of biking proposals comes at a time of high enthusiasm on the council for both improving the city for bicyclists and a healthy revenue landscape, which makes it possible for city officials to turn their bike dreams into reality.

In July 2012, the council approved a new bike and pedestrian master plan. Members vowed at the time not to let the document languish on a shelf and collect dust as its predecessor had been doing since 2003.

The new plan proposes to create a citywide network of bike trails and boulevards as well as new connections across existing barriers such as El Camino Real, Alma Street and U.S. Highway 101.

The plan states that Palo Alto can build upon its bike-friendly history and its demand for better bike and pedestrian access "to solidify its status as one of the most bicycle friendly communities in California, if not the country."

The proposed projects would be the biggest step taken by the city to address the vision of the bike plan since the council committed more than $1.3 million for a new bike bridge over Highway 101, a $10 million project that will be funded largely by grants.

The council is also considering including bike improvements on its list of infrastructure projects that could potentially be funded by a 2% hotel tax increase which voters could approve in November.

Palo Alto High School Gym Bids Farewell

After 85 years of being a focal point for Viking pride and hosting thousands of events such as games, dances, and rallies, Palo Alto High School community members, esteemed alumni, and current students and staff will spend the afternoon of Sunday, March 16, bidding farewell to their beloved gymnasium.  Built in the late 1920’s, Paly’s gym is one of the few classic gyms still serving students in the Bay Area. 

 “We are excited to provide a chance for the community to celebrate the deep history of this iconic building as we put a festive closure on the 85 years of student life and athletic events.  At the same time, we look forward to the new sports complex which will serve the same purpose for the next several generations,” shared event coordinator Jane Gee.

The event: “Farewell Paly Gym – Celebrating 85 Years of Memories” will be an afternoon filled with campus tours, food, a vintage fashion show, a “then and now” display of classic and modern items, a memorabilia booth by the Palo Alto Historical Association, and a special program featuring well known leaders such as Palo Alto Mayor Nancy Shepherd, San Francisco 49ers Coach Jim Harbaugh, former ESPN Announcer Dave Feldman,Santa Clara County Supervisor Joe Simitian, and beloved basketball coach Clem Wiser.  Display booths and tours will open to the community at 12:30 p.m. with the formal program starting at 2:30 p.m. in the Paly gym.  

Palo Alto High Principal Kim Diorio said, “The volunteer committee has done an outstanding job of gathering interesting speakers and displays that memorialize the proud legacy of our Viking Spirit while finding ways to focus us on the exciting future we will find in our new athletic complex.  I hope everyone will come out and be part of this great event.”

To see photos of the gym throughout its history, leave a note with your favorite gym memory, make a donation, and learn more about the program, please go to http://www.paly.net/event/farewell-paly-gym-celebrating-85-years-fond-memories.

This free event is open to the whole community.  Since parking is extremely limited, attendees are encouraged to carpool, walk, or bike.  Paly gear will be for sale by the Paly Sports Boosters Club including pre-sales of sections of the gymnasium’s classic wood floor.  

Donations to help cover the costs for this event are greatly appreciated.  Checks should be made payable to Palo Alto High School - Athletics and mailed to Palo Alto High School, 50 Embarcadero Road,  Palo Alto, CA  94301 Attention - Lisa Stone, Farewell Paly Gym.  All donations are tax deductible and all donors will be listed in the printed program.

New Alma Village Grocery Store Sign Getting Complaints

A supermarket that is expected to open in Palo Alto’s Alma Village next month is already drawing complaints over a large sign that recently was installed on Alma Avenue. The larege sign is crucial for the grocery store’s survival according to the owner, and the City Council has already approved the size of the sign.

Watch video below for a recap of the sign story on local news.

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