HomeMy WebLinkAbout2008-07-14 City Council Agenda Packet
1 07/14/08
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
Agenda posted according to PAMC Section 2.04.070. A binder containing supporting materials is available in the Council
Chambers on the Friday preceding the meeting. Special Meeting
Council Chambers
July 14, 2008
6:00 PM
ROLL CALL
STUDY SESSION
1. Review Process for Quantifying Potential Fiscal Impacts of the Stanford
University Medical Center and Stanford Shopping Center Projects
CMR Attachment
Council Conference Room - 7:00 PM
or as soon as possible thereafter
2. Joint Meeting with the Utilities Advisory Commission Regarding Utilities
Issues
Attachment
Council Chambers - 8:00 PM
or as soon as possible thereafter
SPECIAL ORDERS OF THE DAY
3. Adoption of a Resolution Expressing Appreciation to George Bechtel
Upon His Completion of His Term as a Utilities Advisory Commissioner
Attachment
4. Announcement of Alliance for Innovation Outstanding Achievement in
Local Government Innovation Award
07/14/08 2
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
5. Appointment of One Candidate for the Unexpired Term Ending January
31, 2011 to the Library Advisory Commission
Attachment
6. Appointment of Four Candidates with a Term Ending May 31, 2011 to
the Historic Resources Board
Attachment
7. Appointment of Four Candidates with a Term Ending April 30, 2011
and One Candidate for the Unexpired Term Ending April 30, 2009 to
the Public Art Commission
Attachment
ORAL COMMUNICATIONS
Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the
right to limit the duration or Oral Communications.
CONSENT CALENDAR
Items will be voted on in one motion unless removed from the calendar by two Council Members.
8. Approval of an Agreement in the Amount of $138,000 with Palo Alto
Senior Housing Project, Inc. Project Located at 455 E. Charleston
Road, for Funds Allocated During Fiscal Year 2007/08 Under the
Community Development Block Grant (CDBG) Program
CMR Attachment
9. Approval of 1) a Storm Drain Enterprise Fund Contract with Proven
Management, Inc. in the Total Amount Not to Exceed $582,725 to
Construct San Francisquito Creek Storm Drain Box Culvert, Capital
Improvement Program Project SD-06102 and 2) Amendment No. 2 to
Contract C06113651 With Schaaf & Wheeler Consulting Civil
Engineers to Add $44,514 for Additional Engineering Support Services
for a Total Not to Exceed Amount of $733,022
CMR Attachment
AGENDA CHANGES, ADDITIONS, AND DELETIONS
HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and put up to three minutes for concluding remarks after other members
of the public have spoken.
07/14/08 3
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be
limited to a maximum of five minutes per speaker unless additional time is granted by the presiding officer. The
presiding officer may reduce the allowed time to less than five minutes if necessary to accommodate a larger number of speakers.
UNFINISHED BUSINESS
10. Adoption of an Ordinance Amending Chapter 9.79 (Newsracks)
of Title 9 (Public Peace, Morals and Safety) of the Palo Alto
Municipal Code to Create a Special Newsrack Area in the
California Avenue Commercial Area and Approval of Newsrack
Regulations for California Avenue Special Newsrack Area
(continued by Council Motion from 07/07/08)
CMR Attachment Map
REPORTS OF OFFICIALS
11. Request for Council Direction Concerning Citywide Ultra-High-Speed
Broadband System Negotiations
CMR Attachment
12. Approval of a Purchase Option Agreement with Brown Fairchild-Park
Investment Company, L.P. to Acquire Real Property Located at 2747
Park Boulevard in the Amount of $2,732,000
CMR
13. Adoption of a Budget Amendment Ordinance Amending the
Budget for the Fiscal Year 2008-09 to Provide an Additional
Appropriation of $3,436,981 to Capital Improvement Program
Project PE-98020; Approval of Contract with RossDrulisCusenbery
Architecture Inc., in the Amount of $3,807,801 for Design and
Construction Documents and Cost Estimating for the Public Safety
Building, Capital Improvement Program Project PE-98020
CMR Attachment
COUNCIL MATTERS
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Members of the public may not speak to the item(s).
07/14/08 4
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
ADJOURNMENT
Persons with disabilities who require auxiliary aids or services in using City facilities, services, or programs or who
would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact
650-329-2550 (Voice) 24 hours in advance.
CMR: 303:08 Page 1 of 9
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE: JULY 14, 2008 CMR: 303:08
SUBJECT: REVIEW OF PROCESS FOR QUANTIFYING POTENTIAL FISCAL
IMPACTS OF THE STANFORD UNIVERSITY MEDICAL CENTER AND
STANFORD SHOPPING CENTER PROJECTS
RECOMMENDATION
The purpose of the study session is to provide the City Council with a preliminary overview of
the process for quantifying the potential fiscal impacts of the Stanford University Medical Center
(SUMC) Facilities Renewal and Replacement Project and the Simon Properties – Stanford
Shopping Center (SSC) Expansion Project.
BACKGROUND
Review for this project has been divided into two phases: Phase I (Information Sharing and
Preliminary Area Plan) from December 2006 through July 2007 and Phase II (EIR and
Entitlements) from July 2007 through the end of 2008, culminating with certification of the EIR
and the City’s decisions on the applications. A single EIR is being prepared for both the SUMC
and SSC. The Draft EIR is tentatively scheduled to be released in Fall 2008.
Development applications were submitted in August 2007. There are five (5) main components
to the SUMC project:
1. Hoover medical office building reuse and expansion;
2. Lucile Packard Children’s Hospital (LPCH) expansion;
3. Stanford Hospital and Clinics (SHC) replacement and reconstruction;
4. Medical School building reconstruction; and
5. Redevelopment of existing hospital site.
Simon Properties is proposing to expand the Stanford Shopping Center by adding 240,000 square
feet of new retail stores and restaurants, a new 120 room hotel and parking for a net addition of
1,234 vehicles.
CMR: 303:08 Page 2 of 9
DISCUSSION
The purpose of this meeting is to provide a preliminary overview of the potential fiscal benefits
and impacts of the two projects. Separate from the EIR, a contractor for the project applicants
will produce an initial fiscal impact analysis and the City will then conduct a peer review report
of that analysis. These reports and the scope of analysis are described in more detail below.
Potential Fiscal Benefits and Impacts:
Revenue Benefits
The Stanford University Medical Center and Stanford Shopping Center are key economic
engines that provide a significant source of Utility and General Fund revenues for the City. They
attract visitors to Palo Alto as centers of shopping and world class health and medical care. As
some of the largest employers in Palo Alto, these two sites directly and indirectly generate
revenues that support City services, such as police, fire, library, and recreation and community
services.
The Stanford Shopping Center, as a single entity and geographical area, is the largest sales tax
generator in the City of Palo Alto. In analyzing the potential impact of the Shopping Center
expansion, it should be noted that expansion and enhancement of the Shopping Center’s ability
to compete with other regional centers will be critical in order to avoid a decrease in retail sales
over time. Currently, the Shopping Center sales taxes approximate $5.7 million or nearly 27
percent of the City’s annual sales tax revenues, comprising 4 percent of the City’s total revenue
base. A decline in this source would have a significant impact on the City’s ability to provide
services in future years.
On-going potential positive fiscal benefits of the projects include increased sales, property, and
transient occupancy taxes (TOT). These revenues flow into the General Fund and can be used for
a variety of municipal purposes. Payment of one-time fees such as building permits, connection
fees and development impact fees will be another source of revenue and will offset the impacts
to the city for direct costs of services. Each key revenue source is discussed below:
1. Sales Tax
Sales tax revenues will potentially increase from several sources, including expansion of the
Shopping Center through the direct payment of point-of-sale taxes and, with Stanford’s close
cooperation and consistent support, through the collection of a Sales and Use Tax for equipment,
supplies and construction materials for both the SUMC and SSC projects.
• Stanford Shopping Center – The proposed 240,000 square foot expansion of the Stanford
Shopping Center will generate increased sales tax collections. Based on estimates of
projected taxable sales by CBRE Consulting, the firm under contract with Stanford
University and Simon Property Group to conduct a fiscal analysis, the shopping center
expansion is projected to produce a $1.6 million increase in annual sales tax.
• Stanford University Medical Center – To ensure that taxes from other taxable sales (e.g.,
the purchase of out-of-state equipment and materials) are received locally, the City has
requested that Stanford alter its sales or use tax permits, as well as those of its
CMR: 303:08 Page 3 of 9
construction contractors, to designate Palo Alto as the point-of-sale for such purchases.
Staff has approached Stanford on this effort in the past two years, but the SUMC
representatives have not responded to date. An estimate of this revenue source can be
provided once the hospitals provide potential purchasing information and agree to the
point-of-sale designation.
2. Property Taxes
• Stanford Shopping Center – The expansion at the shopping center is projected to produce
an increase of $0.7 million in property taxes annually based on an estimate produced by
CBRE Consulting. The estimate is based on the net improvement value of the project
and includes related motor vehicle in-lieu property tax revenues.
• Stanford University Medical Center – Increases in property tax revenues would occur
based on the change in assessed value of any taxable properties, e.g., medical practitioner
offices that are located within the City boundaries of Palo Alto. An estimate of the
potential revenues will be determined in the fiscal study. The city is also exploring
options for an “in-lieu” property tax applied to the tax-exempt development on the
SUMC site, to be discussed in Development Agreement negotiations.
3. Transient Occupancy Tax
The proposed construction of a new 120-room boutique hotel as part of the proposed Shopping
Center expansion would generate a significant increase in Transient Occupancy Taxes (TOT) as
well as taxable sales from its restaurant and catering facility. Based on PKF Consulting’s
October 2007 market study, CBRE Consulting estimates that a new hotel will generate $1.1
million annually. Staff has commissioned a hotel study to evaluate the feasibility of increasing
the size of the hotel and assuring that its location maximizes revenue potential to Simon and the
City.
4. Utility Users Taxes
Staff expects that the expansion projects will generate additional Utility User Taxes. Detailed
estimates for each project will be developed in the fiscal impact study.
5. Development Impact Fees and Building Permits
In addition to the revenues listed above, there are also one-time fees that will accrue to the City
from the proposed Shopping Center expansion. These include Building Permit Fees of
approximately $760,000 and Development Impact Fees of approximately $6.6 million for the
project as proposed. The citywide Traffic Impact Fee could result in estimated fees from the
proposed projects of approximately $2.2 million total, based on present plans. Only the
shopping center and a portion of the medical center site are subject to housing impact fees under
the City’s current fee structure.
Revenue Summary
Based upon the preliminary analysis, the Shopping Center expansion project could generate
approximately $3 million annually in new General Fund Revenues and approximately $12.3
million when one-time fee and permit revenues are included. This revenue would offset some of
the potential fiscal impacts of the projects. These numbers do not include all of the potential
revenue streams due to the limitations identified above.
CMR: 303:08 Page 4 of 9
The table below summarizes the ongoing revenues for the Stanford Shopping Center Expansion
as estimated by CBRE Consulting:
Estimated
Annual Revenue
with Buildout
(est. 2015)
Revenue
Sales Tax $ 1,634,324
TOT 1,106,914
UUT TBD
Motor Vehicle In-Lieu Property Tax 49,762
Property Tax 205,842
Sub Total $2,996,842
Notes:
Source: CBRE Consulting
All revenue estimates are pending City peer review.
Revenue estimates for the Stanford University Medical Center are being developed as part of the
fiscal impact analysis.
Expenses
Potential expenses encompass costs related primarily to public safety, recreation and community
facilities, and utilities and public works. Impacts on these services may occur either directly
through construction of the hospitals, clinics, and shopping center, or indirectly from new
employees or from housing to support those employees.
1. Public Safety
As increased employment brings more people to Palo Alto, the demand for public safety services
(police and fire) will increase. The impacts on public safety will be reflected in an increase in
calls for police, fire and emergency services. Increased instances of crime, medical and other
emergency incidents will require mitigating steps to ensure that public safety response is not
compromised. These impacts will be addressed in the EIR and in the fiscal impact analysis. The
work to define the fiscal component of these impacts is currently in the preliminary stages.
2. Recreation and Community Facilities
The definition of impacts on recreation and community services, particularly parks, libraries and
community centers, will also be analyzed in both the EIR and in the fiscal impact analysis. Steps
to mitigate these impacts will include the payment of fees, such as community facility impact
fees.
3. Utilities and Public Works
The definition of impacts on utilities and public works, including streets, water, sewer,
electricity, gas, and storm water, will also be analyzed in both the EIR and in the fiscal impact
CMR: 303:08 Page 5 of 9
analysis. Steps to mitigate these impacts will include the payment of fees, such as utility
connection fees and transportation impact fees.
4. Housing and School Impacts
Another area of fiscal impacts includes areas that are more indirect: housing and school impacts.
The increased employment generated from the project will create increased housing demand,
including affordable housing. While a City is not legally required to provide affordable housing
for an employment project, staff believes that the affordable housing need generated by projects
of this size should be addressed through the EIR and Development Agreements. Likewise, while
the City is a separate entity from the school district, both the City and Stanford have historically
worked with the school district to identify school impacts caused by large developments.
Summary of Process for Reviewing Fiscal Impacts:
There will be three key reports that focus on the fiscal aspects of the projects. These reports
include the fiscal impact analysis, the peer review of the fiscal impact analysis, and a hotel study.
The fiscal impact report will be separate from the EIR, but relevant data from the fiscal report
will be incorporated into the EIR analysis. All reports are tentatively scheduled to be released in
the Fall 2008.
Applicant’s Preliminary Fiscal Impact Analysis
A preliminary fiscal impact analysis, including a study of potential market area retail sales
impacts (“urban decay study”), is being prepared by CBRE Consulting under contract with
Stanford University and Simon Property Group.
The fiscal impact analysis will be based on a compilation of key project parameters and
assumptions such as fiscal year financial data, employment estimates associated with the mall
expansion, sales projections, property tax pursuant to ground leases, construction cost estimates,
hotel occupancy and room rates, City of Palo Alto population and employment base data, and
utility costs.
The City of Palo Alto budget will be reviewed and relevant revenue sources identified for
inclusion in the study along with procedures for estimating revenues and costs. The key revenue
sources will include sales tax, transient occupancy tax, new retail employee spending, utility
users’ tax, franchise fees and other taxes. The fiscal impact analysis will exclude fee-based one-
time revenues associated with the City’s building and construction program.
As part of the review of the City of Palo Alto budget, expense categories that are impacted by the
project expansions will be identified. The relevant expense categories and estimation
methodology will be reviewed with City staff.
The analysis of revenues and expenses impacted by the expansions will be used by CBRE to
produce the net fiscal impact findings. These findings will look at the net impact on the City’s
General Fund from the planned expansions.
CMR: 303:08 Page 6 of 9
A detailed update from CBRE on the status and scope of the fiscal impact analysis is attached to
this report (Attachment A). It is expected that this report will be completed in mid-August.
Analysis of Market Area Retail Sales Impacts
A key component of the study is the retail demand and sales leakage analysis, which would
estimate retail sales impacts of the Shopping Center expansion on surrounding retail, including
downtown Palo Alto, Town and Country, and shopping districts in neighboring areas such as
Menlo Park and Mountain View. This analysis is based on a model that uses data on households,
income, and consumer spending patterns, and attempts to determine how much a market area is
or is not capturing the retail spending potential of the resident population. Areas that are not
realizing anticipated spending potential are experiencing “leakage” and areas that capture more
sales than can be generated by the residents are called “attraction categories.” The analysis will
estimate expected growth in retail demand over the project time period.
CBRE will define the market areas appropriate for analysis of the mall expansion focusing first
on the primary market area and then secondary market areas that emerge from research. The
primary market area is the area from which the majority of demand for the new mall tenants is
expected to originate. The definition of the primary market area will include population
estimates using generally accepted government resources in coordination with City of Palo Alto
staff.
The fiscal impact analysis will also consider the cumulative impacts of the Stanford Shopping
Center project in relation to other new development projects that are known or are planned in the
market area of the project.
Ultimately, CBRE will provide a determination that will conclude whether or not a negative
economic impact will occur as a result of the development leading to the closure of stores or
retail properties remaining vacant in other geographic areas for an extended period. Such a
determination will have taken into account the perspectives of commercial brokers active in the
area on the potential for leasing and retailing activity in the area.
City Fiscal Analysis
The City will engage a fiscal consultant to conduct an independent review of the fiscal impact
study prepared by CBRE and provide additional fiscal analysis. This work will review and
validate all key assumptions and conclusions. Note that the City had retained Bay Area
Economics (BAE) to perform this independent review, but BAE recently resigned due to a
potential conflict. The City accepted BAE’s resignation and now staff is in the process of
selecting a new fiscal consultant that will report to and be directed by the City.
The City’s Independent consultant will complete the following tasks as part of its review of the
CBRE analysis and other analysis:
1. Peer Review of Fiscal Impact Study
• Review soundness and appropriateness of methodologies used by CBRE
• Review assumptions used for revenue estimates
• Review assumptions used for municipal services cost estimates
CMR: 303:08 Page 7 of 9
• Review urban decay study prepared by CBRE
• Review appropriateness of all findings and mitigation recommendations (if
applicable)
2. Additional Fiscal Analysis
• Analyze the impact of increased housing demand caused by the project
• Assess the fiscal impacts to schools caused by the projects
• Assess the opportunity cost of the projects on the non-residential development cap
identified in Policy Number L-8 of the Palo Alto Comprehensive Plan (if applicable)
As part of the analysis of the fiscal impacts of the project, the City will review the property tax
status of the projects before and after development. The City will ensure that it has taken into
account any possible shift in property tax as a result of the change in status of individual assessed
properties within the project area.
Hotel Study
The City will be conducting an independent review of the hotel study produced by PKF
Consulting (on behalf of Simon Property Group). In addition, the City will prepare an
independent study of the hotel demand. This independent study will determine the demand for
additional hotel rooms in the Palo Alto area that serve Stanford University, its Medical Center,
and Stanford Shopping Center. The study will consider the types of hotels that could possibly
serve the area along with the potential revenues such hotels could generate. The report will be
available with the release of the fiscal impact reports.
Housing Analysis
A housing analysis has been prepared for the City by Keyser Marston Associates (KMA) to
identify potential housing needs generated by the new employment anticipated by the projects.
The analysis further includes identification of the need for affordable housing for lower income
workers at the projects. The study will form the basis for development agreement negotiations
and has implications regarding the secondary impacts of housing on public services. The
housing analysis report will be provided to the Council shortly and a study session with the
Council to discuss housing issues will be scheduled for September or October.
PLANNING AND TRANSPORTATION COMMISSION REVIEW
On June 25, 2008, the Planning and Transportation Commission (PTC) heard an overview of the
potential fiscal impacts of the projects and the process for preparing the fiscal study. The
Commission provided extensive comments on the fiscal impact analysis and other fiscal studies.
The minutes from the meeting are contained in Attachment B. Staff will incorporate many of the
PTC comments into the fiscal analysis, but others may relate to the EIR or Development
Agreements, and some suggestions may not be feasible within the scope of the analysis.
NEXT STEPS
In addition to the housing study session, ongoing study sessions and preliminary review of
design guidelines and separate components for both projects are scheduled with ARB in the July
through September timeframe. The fiscal impact analysis will be provided near the release of the
EIR, in late 2008, with adequate time for each report to be reviewed.
CMR: 303:08 Page 8 of 9
ENVIRONMENTAL REVIEW
An EIR is under preparation for both projects. No discretionary action is requested at this time.
PREPARED BY: ______________________________
DAVID RAMBERG
Assistant Director, Administrative Services
DEPARTMENT HEAD: ______________________________
LALO PEREZ
Director, Administrative Services
DEPARTMENT HEAD: ______________________________
CURTIS WILLIAMS
Interim Director of Planning and Community and
Environment
CITY MANAGER APPROVAL: ______________________________
STEVE EMSLIE/KELLY MORARIU
Deputy City Managers
ATTACHMENTS
Attachment A – CBRE Consulting memorandum providing an update on the fiscal impact
analysis.
Attachment B – June 25, 2008 Planning and Transportation Commission minutes and answers to
Planning and Transportation Commission questions
COURTESY COPIES
Cara Silver, Senior Assistant City Attorney
Dan Doporto, Special Counsel
F. Gale Connor, Special Counsel
William T. Phillips, Stanford Management Company
Jean McCown, Stanford University Government/Community Relations
Charles Carter, Stanford University Planning Office
Catherine Palter, Stanford University Planning Office
Mark Tortorich, Stanford University Medical Center
Barbara Schussman, Bingham McCutchen
CMR: 303:08 Page 9 of 9
Art Spellmeyer, Simon Property Group
John Benvenuto, Simon Property Group
Anna Shimko, Cassidy, Shimko, Dawson, Kawakami
Bruce Fukuji, Fukuji Planning & Design
Trixie Martelino, PBS&J
ATTACHMENT A
ClTY OF PAL0 ALO CONTRACT
CONTRACT No. C08122241
COMMUNITY SERVICES DEPARTMENT
RECREATION and OPEN SPACE &SCIENCES DIVISION
OPEN SPACE MAINTENANCE BUILDING RENOVATION
This Contract, number C08122241 dated April, 15, 2008 is entered into by and between the City of Palo Alto, a
California Charter City ("City"), and RODAN BUILDERS. INC. ("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor
("the parties") agree:
1. Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract,
and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this
Contract.
2. General Sco~e of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as
follows:
Title of Project: OPEN SPACE MAINTENANCE BUILDING RENOVATION; ( INVITATION FOR BID (IFB)
NO. 122241)
Bid: $ 21 1,900.00-
3. Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the
City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving
inconsistencies between and among the provisions of this Contract, these documents and the provisions
thereof are set forth in the following descending order of precedence.
a. This Contract.
b. Invitation for Bid.
c. Project Specifications.
d. Drawings.
e. Change Orders.
f. Bid.
9. Supplementary Conditions.
h. General Conditions.
1. Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond
j. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications .
k. Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
4. Compensation. In consideration of Contractor's performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor's Bid in accordance with the provisions of this Contract and upon
the receipt of written invoices and all necessary supporting documentation within the time set forth in the
Contract Specifications and the City of Palo Alto Dept. of Public Works Standard Drawings and Specifications
(most current version), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor's
invoices.
5. 1nsu;ance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance
coverage described in the lnvitation For Bid on terms and conditions and in amounts as may be required by the
Risk Manager. City shall not be obligated to take out insurance on Contractor's personal property or the
personal property of any person performing labor or services or supplying materials or equipment under the
Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting
coverage required under this Contract on or before the Date of Execution. The certificates and endorsements
CITY OF PAL0 ALTO -Contract #C08122241 PAGE I OF 7
AGREEMENT REGARDING ACCESS TO AND USE OF REAL PROPERTY IN
ORDER TO IMPLEMENT A HABITAT RESTORATION PROJECT
(Pearson-Arastradero Preserve)
This agreement is entered into by Acterra, a California nonprofit organization '("the nonprofit
organization") and the City of Palo Alto ("the owner").
PERTINENT PACTS
A. The owner owns certain real property ("the property"), located at the Pearson-Arastradero
Preserve in the City of Palo Alto, Santa Clara County, California, as shown in Exhibit A,
which is incorporated by reference and attached.
B. The nonprofit organization is a California nonprofit organization existing under Section
501(c)(3) of the United States Internal Revenue Code and whose purposes are consistent with
Division 21 of the California Public Resources Code.
C. The owner seeks the assistance of the nonprofit organization in restoring the natural
resources and enhancing habitat on the property, and the nonprofit organization seeks to
provide this assistance.
D. On December 13,2007, the State Coastal Conservancy ("the Conservancy"), an agency of
the State of California established under Division 21 of the Public Resources Code,
authorized a grant to the nonprofit organization, subsequently awarded under Grant
Agreement No. 07- 100 ("the grant agreement"), to undertake on the property a habitat
restoration project with school and volunteer groups.
E. The grant agreement requires that the nonprofit organization enter into an agreement
sufficient to protect the public interest in any restoration projects implemented under the
Conservancy's grant, and to ensure that the nonprofit organization has permission to
implement and monitor project$-on the owner's land.
THE PARTIES AGREE AS FOLLOWS, in light of the Pertinent Facts, above:
1. DURATION. This agreement shall take effect when fully executed, on the date last signed
below, and shall run until the later of 20 years from its effective date or completion of the
restoration described in this agreement, unless the agreement is terminated earlier by either
party in writing, with written consent of the Executive Officer of the Conservancy, which
shall not be unreasonably withheld.
CMR: 301:08 Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: JULY 14, 2008 CMR: 301:08
SUBJECT: APPROVAL OF AN AGREEMENT IN THE AMOUNT OF $138,000 WITH
PALO ALTO SENIOR HOUSING PROJECT, INC. LOCATED AT 455 E.
CHARLESTON ROAD, FOR FUNDS ALLOCATED DURING FISCAL
YEAR 2007/08 UNDER THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or his designee
to execute the attached agreement in the amount of $138,000 with Palo Alto Senior Housing
Project, Inc. for the radiant heating system project at Stevenson House located at 455 E.
Charleston Avenue in Palo Alto.
BACKGROUND
Palo Alto Senior Housing Project, Inc. owns and manages Stevenson House, a 120-unit
apartment complex built in 1968. The complex, consisting of 28 one-bedroom, and 92 studio
apartments, provides affordable rental housing for Palo Alto seniors. Stevenson House applied
for and received an award of $144,259 in fiscal year 2007/08 CDBG funds to renovate the
interior common areas. Stevenson House staff approached City staff for permission to modify
the scope of work after it was discovered that the radiant heating system needed to be upgraded.
Stevenson House staff explained that upgrading the radiant heating system was a more urgent
matter than completing the interior common area renovation. City staff agreed to support the
modification to the scope of work. The radiant heating system upgrade is expected to increase
the energy efficiency of the facility and provide more comfortable living conditions for the
residents.
DISCUSSION
Because of the age of the facility, addressing all of the needed repairs and improvements puts a
strain on the Stevenson House reserves. CDBG funds help provide a way to accomplish
upgrades while still maintaining rents affordable to low and very-low income elders. The
Exhibit “D” Regulatory Agreement will be recorded against the property to ensure the long-term
affordability of the units in accordance with the Affordable Housing Fund Guidelines adopted by
the City Council on October 27, 2003.
CMR: 301:08 Page 2 of 2
Although $144,259 was allocated for this project, $6,259 will be set aside to retain a consultant
to monitor the federally mandated prevailing wage requirements. This is an allowable project
delivery cost under CDBG regulations. The remaining $138,000 will be used for the agreement
with Stevenson House to upgrade the radiant heating system.
POLICY IMPLICATIONS
The proposed funding implements City Comprehensive Plan policy H-15 and CDBG
commitments to maintain affordable rental housing stock and to provide housing for seniors.
RESOURCE IMPACT
The cost of the agreement with Stevenson House will be $138,000 for the upgrades to the radiant
heating system. An additional $6,259 will go toward the cost of the prevailing wage consultant.
The total cost for the project will be $144,259 and will be funded with federal CDBG funds
provided through the U.S. Department of Housing and Urban Development (HUD). Repayment
of the $138,000 loan will not be required unless the property is sold or the use is changed
without City consent, prior to the end of the 30-year affordability restriction in 2038.
ENVIRONMENTAL REVIEW
HUD environmental regulations for the CDBG program are contained in 24 CFR 58
“Environmental Review Procedures for Title I Community Development Block Grant
Programs.” The Stevenson House Radiant Heating System Project is determined to be Exempt
under the National Environmental Policy Act (NEPA).
ATTACHMENTS
Attachment A: Agreement between the City of Palo Alto and Palo Alto Senior Housing Project,
Inc. for Funds Allocated During Fiscal Year 2007/08 under the Community
Development Block Grant Program
Prepared by: _________________________________________
ELOIZA MURILLO-GARCIA, CDBG Planner
Department Head: __________________________________
CURTIS WILLIAMS, Interim Director
Planning and Community Environment
City Manager Approval: ___________________________________
KELLY MORARIU / STEVE EMSLIE
Deputy City Managers
cc: Palo Alto Senior Housing Project, Inc.
CMR:290:08
Page 1 of 4
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: JULY 14, 2008 CMR:299:08
SUBJECT: APPROVAL OF 1) A STORM DRAIN ENTERPRISE FUND CONTRACT
WITH PROVEN MANAGEMENT, INC. IN THE TOTAL AMOUNT NOT
TO EXCEED $582,725 TO CONSTRUCT SAN FRANCISQUITO CREEK
STORM DRAIN BOX CULVERT, CAPITAL IMPROVEMENT
PROGRAM PROJECT SD-06102 AND 2) AMENDMENT NO. 2 TO
CONTRACT C06113651 WITH SCHAAF & WHEELER CONSULTING
CIVIL ENGINEERS TO ADD $44,514 FOR ADDITIONAL
ENGINEERING SUPPORT SERVICES FOR A TOTAL NOT TO
EXCEED AMOUNT OF $733,022
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or his designee to execute the attached contract
in the amount of $582,725 with Proven Management, Inc. (Attachment A) to construct
the San Francisquito Creek Storm Drain Box Culvert;
2. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Proven Management, Inc. for related, additional but
unforeseen work that may develop during the project, the total value of which shall not
exceed $58,000; and
3. Approve and authorize the City Manager or his designee to execute Amendment No. 2
to the contract with Schaaf & Wheeler Consulting Civil Engineers in the amount of
$44,514 for additional services related to the San Francisquito Creek pump station and
storm drain box culvert construction (Attachment B).
BACKGROUND
On November 21, 2005, Council awarded a contract to Schaaf & Wheeler Consulting Civil
Engineers to design the San Francisquito Creek Storm Water Pump Station (CMR:409:05). On
August 6, 2007, Council approved Amendment No. 1 to the contract in order to retain Schaaf &
Wheeler to perform services to support staff during the construction of the pump station.
Services provided include the review of contractor submittals, attendance at weekly construction
meetings with City staff and the contractor, review of potential construction contract change
orders, and issuance of clarifications to the contract documents during construction.
CMR:299:08 Page 2 of 4
On August 6, 2007, Council awarded a contract to Proven Management, Inc. for the construction
of the San Francisquito Creek Storm Water Pump Station (CMR:314:07). Bids received for the
project were substantially higher than expected, which necessitated a Budget
Amendment Ordinance and a loan from the General Fund. At the time of the contract award,
staff notified Council of its intention to defer the construction of the storm drain box culvert
leading to the pump station as a potential cost savings strategy. Staff believed that lower bid
prices might be secured from a specialty underground construction contractor if the storm drain
were rebid as a separate construction project. As a result, staff issued a deductive change order
to Proven Management, Inc. deleting the storm drain from the scope of the pump station project.
The FY 2008-09 Storm Drainage Fund CIP budget approved by Council included $700,000 for
the San Francisquito Creek storm drain box culvert.
The exact alignment and length of the storm drain box culvert has changed since the original
pump station contract was awarded last August. In order to minimize project costs, the box
culvert was designed to be installed along the shortest route between the existing storm drain
outfall and the new pump station. This route crosses a parcel of private property at 2023-2025
East Bayshore Road. Staff was in the process of negotiating with the property owners for a
utility easement when Council awarded the pump station contract in August 2007. Staff
acquired the required easement from the property owners in December 2007. In order to satisfy
the property owners’ concerns about the impact of the easement on the value of their property,
the box culvert was realigned so that it will encumber a smaller portion of the property. This
resulted in the box culvert being lengthened by approximately 45 feet. In addition, the City
agreed to make some paving and drainage improvements to the private parcel as part of the
owners’ compensation for the utility easement. The cost of the lengthened box culvert and the
additional site work items was estimated to be approximately $125,000.
DISCUSSION
Scope of Work
This project includes the construction of a new box culvert connecting the existing storm drain
outfall to the San Francisquito Creek storm water pump station currently under construction, as
well as paving and drainage improvements on and adjacent to an easement that the box culvert
will occupy. The new box culvert together with the pump station will provide improved
drainage in a 1,250-acre area of northeastern Palo Alto. The pump station will allow the
discharge of storm runoff into the creek even when the creek water surface elevation is higher
than the nearby ground surface elevations.
Bid Process
A notice inviting formal bids for the project was posted at City Hall on June 3, 2008 and sent to
10 builders' exchanges and 18 potential bidders. The bidding period was 21 days. Bids were
received from five qualified contractors on June 24, 2008 as listed on the attached bid summary
(Attachment C). Bids for the base bid work items ranged from a low bid of $582,725 to a high
of $1,446,775.
The low bid for the base bid work items is 11 percent below the engineer’s estimate of $657,750.
Although the low bid is approximately $50,000 higher than the $530,000 originally bid for the
box culvert in August 2007, this increase is due to the re-alignment of the culvert in order to
avoid impacts to private property.
CMR:299:08 Page 3 of 4
Summary of Bid Process
Bid Name/Number San Francisquito Creek Storm Drain Outfall, Invitation
For Bids (IFB) No. 127067
Proposed Length of Project Final Completion by October 1, 2008
Number of Bid Packages Delivered
to Contractors
18
Number of Bid Packages Delivered
to Builder’s Exchanges
10
Total Days to Respond to Bid 21
Pre-Bid Meeting? No
Number of Bids Received: 5
Bid Price Range Low bid $582,725 to a high of $1,446,775
The Certification of Nondiscrimination is provided as Attachment D.
Staff recommends that the base bid of $582,725 submitted by Proven Management, Inc. be
accepted and that Proven Management, Inc. be declared the lowest responsible bidder. The
construction contingency amount of $58,000 (which equals 10 percent of the contract award
amount) is requested to resolve unforeseen problems and/or conflicts that may arise during the
construction period. Staff checked references supplied by the contractor for previous work
performed and found that the contractor has a history of satisfactory performance and a long
resume of large-scale underground construction projects. Staff also checked with the
Contractor's State License Board and found that the contractor has an active license on file and is
in good standing with the Board.
Amendment No. 2 to Design Contract
The dollar value of construction administration services included in Amendment No. 1 to the
contract with Schaaf & Wheeler Consulting Civil Engineers was estimated based on best
information available at the time. Staff has minimized the project construction administration
expenditures by conducting daily inspection of the construction activity using in-house personnel
and minimizing use of the consultant as much as possible. Nevertheless, the consultant services
provided to-date for the San Francisquito Creek Storm Water Pump Station have nearly
exhausted the original project construction administration budget and additional services will be
required during the construction of the storm drain box culvert. Attachment B is a contract
amendment in the amount of $44,514 for the additional construction management services to be
performed by Schaaf & Wheeler Consulting Civil Engineers for the remaining duration of the
project.
Project Coordination
The project has been coordinated with the City of East Palo Alto and the San Francisquito Creek
Joint Powers Authority (JPA) to ensure the minimization of impacts to the creek and the
neighboring community. The storm drain will be installed during weekend hours in order to
minimize traffic impacts along East Bayshore Road and to the local businesses.
RESOURCE IMPACT
Funds for the construction of the San Francisquito Creek storm drain box culvert and
CMR:299:08 Page 4 of 4
Amendment No. 2 to the design contract with Schaaf & Wheeler Consulting Civil Engineers are
available in the approved budget for Storm Drain Capital Improvement Project SD-06102.
POLICY IMPLICATIONS
The recommendations contained in this report are consistent with existing City policies.
TIMELINE
Construction of the San Francisquito Creek storm drain box culvert is expected to start in early
August 2008 and be fully completed on or before October 1, 2008.
ENVIRONMENTAL REVIEW
An initial study checklist was prepared for the project and it was determined that, with the
implementation of mitigation measures and standard conditions of approval, the project would
have a less than significant impact on the environment. A Mitigated Negative Declaration for
the project was approved by the Director of Planning and Community Environment, upon the
recommendation of the Architectural Review Board on April 5, 2007.
ATTACHMENTS
Attachment A: Construction Contract with Proven Management, Inc.
Attachment B: Design Services Contract Amendment No. 2 with Schaaf & Wheeler
Attachment C: Bid Summary
Attachment D: Certification of Nondiscrimination
PREPARED BY: ________________________________
JOE TERESI
Senior Engineer
DEPARTMENT HEAD: ________________________________
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: ________________________________
STEVE EMSLIE /KELLY MORARIU
Deputy City Managers
cc: Storm Drain Oversight Committee
Kevin Murray, San Francisquito Creek JPA
Alvin James, City of East Palo Alto
Scott Yeaman, Yeaman Auto Body
Mitch Johnson, Palo Alto Upholstery
Tommie Roberts
Dennis Parker
CMR:275:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: JULY 7, 2008 CMR:275:08
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING CHAPTER 9.79
(NEWSRACKS) OF TITLE 9 (PUBLIC PEACE, MORALS AND
SAFETY) OF THE PALO ALTO MUNICIPAL CODE TO CREATE A
SPECIAL NEWSRACK AREA IN THE CALIFORNIA AVENUE
COMMERCIAL AREA AND APPROVAL OF NEWSRACK
REGULATIONS FOR CALIFORNIA AVENUE SPECIAL NEWSRACK
AREA
RECOMMENDATION
Staff recommends that Council adopt an ordinance to amend the Newsracks Chapter (9.79) of
Title 9 of the Palo Alto Municipal Code (PAMC) to create the California Avenue Special
Newsrack Area to limit the number, location and type of newsracks in a designated area of the
California Avenue commercial district to help free up space on congested sidewalks, and
approve related regulations for permitting newsracks in that area.
BACKGROUND
In late 2007, the California Avenue Area Development Association (CAADA) asked Council to
consider the creation of a Special Newsrack Area on and around the commercial section of
California Avenue in order to free up sidewalk space and improve the aesthetics. Accordingly,
Council asked staff to research this request. Staff has evaluated the sidewalk conditions in the
commercial area and determined that sidewalk conditions and pedestrian traffic support the
creation of a special newsrack area on California Avenue from Park Boulevard to El Camino
Real.
DISCUSSION
The City’s Newsracks Ordinance (Chapter 9.79 of Title 9 of PAMC) was passed in 1999 to
establishes regulations that balance the right of publishers and distributors to distribute
information through newsracks with the right of citizens to reasonably access and use the public
right-of-way. The existing ordinance requires that newsracks on public sidewalks must be
placed so as not to interfere with pedestrian, wheelchair and bicycle traffic, and must maintain
certain clearances from infrastructure such as wheelchair ramps, crosswalks, utility poles and
vaults, regulatory signage, and street trees. The distributors who place newsracks on the
sidewalk must obtain a no-fee encroachment permit from Public Works in order for staff to
ensure that these regulations are met.
CMR:275:08 Page 2 of 3
Newsracks placed on the public sidewalk typically consist of two types: freestanding individual
newsracks and modular newsracks, which are multiple newsracks mounted onto pedestals in a
top and bottom row. Pedestal-mounted newsracks generally take up less space on the sidewalk
than freestanding boxes. A photograph of typical free-standing and pedestal-mounted modular
newsracks is included as Attachment C.
The existing Newsracks Ordinance created a special newsrack area in the Downtown
Commercial Area (Middlefield Road to Alma Street, Hamilton Avenue to Lytton Avenue) as the
City Council determined sidewalks were particularly congested with street furniture and other
sidewalk encroachments, like restaurant tables and chairs, making it more difficult for
pedestrians to negotiate the sidewalks. In enacting the ordinance, the Council determined that
limiting the number, location and type of newsracks within that designated downtown area was
justified to enable better pedestrian travel and enhance public safety on the crowded sidewalks.
The purpose of a special newsrack area is to regulate the number, type, and location of
newsracks in designated areas to promote public safety in particularly congested sidewalk areas.
Staff visited the California Avenue commercial area and surveyed the sidewalk and newsrack
conditions from Page Mill Road to Cambridge Avenue, and Park Boulevard and El Camino Real,
and concluded that the sidewalks along California Avenue from El Camino Real to Park
Boulevard are heavily traveled pedestrian areas congested similarly to the downtown area with
tables, chairs and other encroachments. Consequently, staff recommends designating California
Avenue, from Park Boulevard to El Camino Real, as the California Avenue Special Newsrack
Area (see Attachment D – Map of area). That map also designates where within the area
modular newsracks will be allowed, accommodating a total of 154 individual newsracks.
CAADA had originally suggested that the Special Newsrack Area proposed by Staff be
expanded to include El Camino Real from Page Mill Road to Stanford Avenue and Cambridge
Avenue from El Camino Real to Park Boulevard. However, staff has surveyed sidewalks along
these additional streets and determined that the conditions outside the main California Avenue
thoroughfare do not rise to the level supporting expanding the California Avenue Special
Newsrack Area beyond the area proposed by staff. Public Works Staff has been working with
distributors who maintain racks in the greater California Avenue area to promote voluntary clean
up, maintenance and transition to ped-mount racks where possible. Provisions of the existing
ordinance already address in detail standards for placement and maintenance of newsracks
throughout the City and Public Works’ staff has been working for years to clean up “hot spots”
of multiple freestanding newsracks throughout the City by asking the distributors to voluntarily
swap out freestanding newsracks for modular newsracks. To date, many of the freestanding
newsracks on California Avenue and in other areas of the City have already been swapped out
for modular newsracks. Accordingly, CAADA has withdrawn their request to expand the
Special Newsrack Area.
Staff has asked the distributors to continue to voluntarily clean up hot spots on California
Avenue and in other areas and most have agreed to do so. Efforts are currently underway to
replace free standing newsracks with modular newsracks near the Bank of America and
Starbucks on El Camino Real. Also, staff responds to citizen complaints about newsracks that
CMR:275:08 Page 3 of 3
are in non-compliance with the regulations and requires the distributors to bring the newsracks
into compliance.
CAADA and the local distributors have been apprised of the City’s intent to amend the
Newsracks Ordinance to create a Special Newsrack Area on California Avenue and both groups
have indicated to staff that they support the amendment.
RESOUCE IMPACTS
Distributors who maintain freestanding newsracks on California Avenue will be required to
replace them for modular newsracks on California Avenue if Council approves this amendment
to the ordinance. Consequently, there would be no costs to the City. Ongoing enforcement by
Public Works staff will continue.
ENVIRONMENTAL REVIEW
Adoption of an amendment to the Newsracks Ordinance (Chapter 9.79 of Title 9 of PAMC) does
not represent a project under the California Environmental Quality Act (CEQA), Guideline
15061.
ATTACHMENT
Attachment A: Redline Ordinance showing amendments to Chapter 9.79
Attachment B: Ordinance amending Chapter 9.79 of Title 9 of PAMC
Attachment C: Photograph of typical freestanding and pedestal-mounted modular newsracks
Attachment D: California Avenue Special Newsrack Area map
Attachment E: California Avenue Special Newsrack Area Regulations
PREPARED BY: ______________________________________
BOB MORRIS
Senior Project Manager
DEPARTMENT HEAD: ______________________________________
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: ______________________________________
KELLY MORARIU/STEVE EMSLIE
Deputy City Managers
cc: Ronna Devincenzi, President of CAADA
CAADA
CMR:289:08 Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: JULY 14, 2008 CMR:289:08
SUBJECT: APPROVAL OF A PURCHASE OPTION AGREEMENT WITH BROWN
FAIRCHILD-PARK INVESTMENT COMPANY, L.P. TO ACQUIRE
REAL PROPERTY LOCATED AT 2747 PARK BOULEVARD IN THE
AMOUNT OF $2,732,000
RECOMMENDATION
Staff recommends that Council authorize the City Manager or his designee to negotiate and
execute a Purchase Option Agreement with Brown Fairchild-Park Investment Company, L.P., to
purchase the property located at 2747 Park Boulevard in the amount of $2,732,000 in
substantially the same form as Attachment C to CMR:290:08.
BACKGROUND
This item is related to Item No. 13 on the agenda and a full discussion and analysis of the terms
of the purchase option agreement are contained in the City Manager’s Report (CMR:290:08) for
that item. A copy of the purchase option agreement is included as Attachment C to
CMR:290:08.
RESOURCE IMPACT
The purchase option agreement contains a purchase price of $2,732,000; an initial payment of
$109,280 upon execution of the Option to Purchase; and a monthly payment of $9,106 to
commence on July 1, 2009 until the option is exercised. The option term expires on May 29,
2010 which matches the purchase option with Essex properties. If the option to purchase is
exercised, all payments made will be credited towards the purchase price.
An appropriation is needed to cover the initial option payment of $109,280. This amount is
included in the proposed budget amendment ordinance (Attachment A to CMR:290:08). The
Budget Stabilization Reserve will provide the funding for this appropriation.
POLICY IMPLICATIONS
This recommendation is consistent with Council’s direction to the Blue Ribbon Task Force and
consistent with the establishment of the Public Safety Building as a Top Priority for 2006 and
2007-08.
ENVIRONMENTAL REVIEW
A Draft Environmental Impact Report (EIR) for the PSB project was circulated on July 13, 2007.
The Council certified the Final EIR on November 19, 2007. The Final EIR analyzed both the
one site and two site development options. The proposed change in the layout of the parking
CMR:289:08 Page 2 of 2
garage and public safety building (Attachment E to CMR:290:08) will be appended to the Final
EIR.
ATTACHMENTS
None.
PREPARED BY: __________________________________
ELIZABETH AMES
Senior Engineer
DEPARTMENT HEAD: __________________________________
GLENN S. ROBERTS
Director of Pubic Works
CITY MANAGER APPROVAL: __________________________________
STEVE EMSLIE/KELLY MORARIU
Deputy City Managers
CMR:290:08 Page 1 of 8
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: JULY 14, 2008 CMR:290:08
SUBJECT: ADOPTION OF A BUDGET AMENDMENT ORDINANCE AMENDING
THE BUDGET FOR FISCAL YEAR 2008-09 TO PROVIDE AN
ADDITIONAL APPROPRIATION OF $3,436,981 TO CAPITAL
IMPROVEMENT PROGRAM PROJECT PE-98020 AND APPROVAL OF
CONTRACT WITH ROSSDRULISCUSENBERY ARCHITECTURE INC.
IN THE TOTAL AMOUNT OF $3,807,801 FOR DESIGN AND
CONSTRUCTION DOCUMENTS AND COST ESTIMATING FOR THE
PUBLIC SAFETY BUILDING, CAPITAL IMPROVEMENT PROGRAM
PROJECT PE-98020
RECOMMENDATION
Staff recommends that Council:
1. Adopt the attached Budget Amendment Ordinance (BAO) in the amount $3,436,981
(Attachment A) to provide an additional appropriation for the Public Safety Building,
Capital Improvement Program (CIP) Project PE-98020;
2. Approve and authorize the City Manager or designee to execute the attached contract
(Attachment B) with RossDrulisCusenbery Architecture, Inc. (RDC) in the amount of
$3,461,637 for engineering, architectural design and construction document basic
services for the Public Safety Building Project, and $346,164 for additional services
that may develop during the project.
BACKGROUND
The City has been exploring the feasibility of constructing a new public safety building (PSB)
since the mid 1980’s. In 2006, a Blue Ribbon Task Force (BRTF) was appointed by the Council
to evaluate overall programmatic space needs and to study feasible sites within the City. The
BRTF met 13 times and considered 28 different sites within the City, including expansion of the
existing site. To ensure the building size was carefully assessed, the BRTF convened a space
subcommittee to evaluate the space and functional need of each program area, room-by-room.
The subcommittee also compared the existing space with the proposed space needs. This re-
examination of the building size by the subcommittee and eventually the BRTF resulted in a
15% space reduction of the new PSB from 58,076 to 49,600 square feet (sf).
On June 26, 2006, the BRTF issued a report concluding: (1) that the most cost effective means of
upgrading and modernizing the facility was to construct a new building, rather than retrofitting
and expanding the existing facility; (2) that a minimum 49,600 sf building would be required to
CMR:290:08 Page 2 of 8
accommodate all required programming needs; and (3) that the Park Boulevard site was the most
feasible location for the new PSB.
On September 25, 2006, the City Council approved a consultant services contract with
RossDrulisCusenbery Architecture, Inc. (RDC) to prepare an environmental impact report (EIR),
preliminary engineering and architectural design drawings and cost estimates to a 25% level of
effort for a new, approximately 50,000 sf Public Safety Building (PSB) proposed for two parcels
on Park Boulevard (CMR:374:06).
On November 19, 2007, the City Council certified the Environmental Impact Report analyzing
various site and building configurations located at 2747 and 2785 Park Boulevard and approved
a purchase option agreement with Essex Park Boulevard, LLC to acquire the 2785 Park
Boulevard property (CMR:420:07).
The EIR noted the aesthetic (visual resource) impacts of the building may create a perception of
excessive building mass and an overly fortified appearance. The City’s Architectural Review
Board (ARB) and Planning and Transportation Commission (P&TC) strongly supported the
large community plaza feature which mitigates this issue and softens the project massing. The
plaza further supports the Comprehensive Plan Policy T-23 which encourages pedestrian-
friendly design features that also includes street trees, gardens and outdoor furniture. Another
concern raised by the P&TC was to enhance the pedestrian/bicyclist connection with the
surrounding area; the plaza provides this area for this type of use.
On February 11, 2008, the City Council reviewed various financing options for the planned
building and directed staff to pursue PSB funding through issuance of Certificates of
Participation (COPs). Staff was directed to return to Council as soon as possible with a
consultant scope of services to continue design and construction documents for the PSB project
(CMR:144:08).
On March 18, the Finance Committee received an overview of the updated General Fund
Infrastructure Plan, showing a “backlog” of unfunded General Fund Infrastructure projects of
about $455 million (2008 dollars) over the next 20 years. The committee directed staff to
provide the overview presentation to the full Council, in conjunction with Council’s
consideration of the plan to finance the Public Safety Building. On April 14, 2008 (CMR:
186:08 Attachment D), staff presented the infrastructure backlog to the City Council and Council
directed staff to develop an infrastructure implementation plan during the next budget cycle in
FY 08/09 while continuing with the PSB project.
Outside Peer Review
At the February 11 Council meeting, Council directed staff to solicit an independent peer review
of the PSB and Library/Community Center project cost estimates. Staff assembled a peer review
team with architectural, construction and development expertise. At Council’s direction, the
peer review group was charged with: (1) reviewing the reasonableness of the assumptions used
in the cost estimates; (2) providing value engineering input for reducing costs and (3) continuing
review of cost estimates during project development. Three meetings with the peer review group
were held in March and April 2008. The group’s evaluation of the PSB project cost estimates,
including design fees, inflation, construction costs and contingencies found that these costs were
reasonable and within professional standards. However, the peer group expressed concern over
CMR:290:08 Page 3 of 8
the single L shaped option’s long, inefficient rectangular parking configuration. The group
suggested that acquisition of the adjacent parcel located at 2747 Park Boulevard would allow for
additional design flexibility and construction cost efficiencies. In particular the group
recommended that a more efficient parking layout should be explored on both the L shape and
full site options to reduce project costs. Staff presented this information during a Council Study
Session on May 19, 2008 (Attachment F).
Developing the full 2 parcel site option
On May 1, 2008, staff received an offer from the Brown Fairchild-Park Investment Company,
L.P., to enter into a sale or option to purchase agreement with the City for the property located at
2747 Park Boulevard. During a May 12th closed session, the Council directed staff to negotiate a
purchase option agreement with Brown Fairchild-Park Investment Company to acquire the .3
acre, 2747 Park Boulevard site located adjacent to the 2785 Park Boulevard site to allow for
development of the entire block (Attachment E).
DISCUSSION
Public Safety Building Design
The existing contract with RDC provides for architectural and engineering design services up to
only 25% design, but includes a provision to expand services through design completion should
the firm prove responsive to the City’s needs and demonstrate an acceptable quality of work.
The proposed consultant contract with RDC will expand the existing services for the PSB project
necessary to complete the design, construction documents and cost estimates as follows:
• Engineering and architectural schematic design of the 3 story PSB building and 4 level
parking garage, (Attachment E), full site all above grade option
• Landscape design
• Architectural and engineering design and construction documents (electrical, mechanical,
structural, geotechnical, civil, communications & fire)
• Essential services 911 center and Emergency Operation Center (EOC) in accordance with
current 2007 Uniform Building Code, National Fire Protection Act and other applicable
codes and regulations
• Value engineering design to reduce project cost with an emphasis on life cycles analysis
• Establish Leadership in Energy and Environmental Design (LEED) Silver design criteria
(with LEED Gold option) and incorporate into design
• Finalize studies and incorporate mitigations into the project as described in the EIR
• Site and Design Review by Planning and Transportation Commission (P&TC)
• Design review by Architectural Review Board (ARB) and Art Commission
• Develop design and construction documents and cost estimates at the 25%, 35%, 50%
and 90% levels
• Collaborate and incorporate comments from construction management firm and
developers during the independent review of the constructability and cost estimates
• Assist in obtaining building and other required permits
• Incorporate comments from the City’s Development Review Committee and independent
plan check consultants
• Assist in the prequalification of construction bidders
• Assist in the bidding process including answering questions and consulting with City on
bid results
CMR:290:08 Page 4 of 8
The design will be developed further as requested by the ARB and P&TC. Also, the EIR
mitigations relating to building mass and subsurface vapor intrusion will be incorporated into the
designs presented to the ARB and P&TC in Fall and Winter 2008.
The planning entitlements required for this project are a Zone Change, Comprehensive Plan
Amendment and Site and Design Review. The project schedule incorporates public reviews by
the Art Commission, ARB, P&TC and City Council for the above mentioned entitlements. Any
continued review by boards and commissions could have an impact on the anticipated
construction bid opening in Summer/Fall 2009.
Building Size and Architectural Program Verification
In June 2006, the Blue Ribbon Task Force (BRTF) determined that a minimum building size of
49,600 sf was necessary for the new public safety facility
The consultant contract includes a provision for RDC to further work with the City to verify the
Police Department's staffing, area and functional requirements in the new PSB prior to beginning
the design process. During this process, RDC will identify any possible spaces that might be
removed from the program as a means to reduce the construction cost. The program verification
process will focus on areas that will not impact the core services of the Police Department.
Value Engineering
The contract requires the consultant to provide value engineering recommendations at all crucial
design stages in order to minimize construction costs and to ensure that the City stays within the
allocated construction budget. Any City-approved value engineering recommendations shall be
incorporated into the design documents at no additional costs to the City.
Sustainable Design
RDC will retain Simon and Associates, a sustainable design consultant as part of the basic
services. The project is anticipated to achieve LEED silver standards, but the City and design
team will attempt to achieve LEED gold. Cost comparison between LEED silver and gold will
be provided at crucial stages of design development to the Council.
Option Agreement
At the May 12th Council closed session, the City Council directed staff to proceed with the
negotiations for purchase of the 2747 Park Boulevard site enabling the design of a less costly,
more efficient, separate parking garage that utilizes surface parking on both the 2747 and 2785
Park Boulevard sites.
On May 19, 2008, staff received a letter of intent from Brown Fairchild-Park Investment
Company, L.P. (Brown) to enter into an option to purchase 2747 Park Boulevard for the price of
$2,732,000. Structuring this transaction as an option agreement, rather than outright purchase,
allows the City to secure the property and lock in a price. This allows time to finance the
project’s construction contract award anticipated next summer. The terms of the option
agreement include a 23-month term beginning in July 2008 and terminating on May 29, 2010.
The first payment in the amount of $109,380 secures the option for one year. Thereafter,
monthly option payments in the amount of $9,106 are due starting with the thirteenth month of
the option term. The option payments are nonrefundable, but will be credited against the total
purchase price of $2,732,000. The City may exercise its option at any time during the option
CMR:290:08 Page 5 of 8
term by providing Brown with a 30-day written notice, setting forth the closing date of the
purchase. The City may also terminate the option upon 30 days written notice.
The City has the right, during the option term, to enter the property for purposes of investigation,
tests, surveys or other engineering and planning studies necessary for the City’s proposed
development of the property. Brown may not execute any leases or other contracts affecting the
property that are not terminable upon 30 days written notice Brown is responsible for any loss or
damage to the property until the close of escrow. The City will pay closing costs of the sale.
Note that title to the property is currently vested in a family trust and that the trust is in the
process of transferring its interest to the Brown-Fairchild partnership. This title transfer must be
completed before the purchase option can be finalized. An escrow has been opened to expedite
these issues.
The $2,732,000 purchase price is the result of negotiations between the City and Brown. The
purchase price is slightly above the current appraised value due to the fact that the price is locked
in for a period of two years. Acquiring the property through a voluntary sale rather than eminent
domain also avoids additional litigation expense.
The full site parking option utilizes surface parking for emergency response vehicles, allows for
more space to construct a more efficient and separate garage that would not be required to be
built to non-essential service standards. Developing the full site option that considers these
parking efficiencies results in a project cost savings of up to $3 - $4 million excluding property
acquisition of the 2747 Park Blvd. parcel. Thus, acquisition of the additional parcel is
anticipated, at a minimum, to be cost neutral, while allowing for reasonable design flexibility.
This design flexibility will be an opportunity to develop a more compatible neighborhood design
on the full site/entire block.
RESOURCE IMPACT
The Public Safety Building Project has a cumulative appropriation of $ 2,875,028 since fiscal
year 1997-98. An additional appropriation of $3,436,981 is needed to fund the proposed
expanded services of RDC to complete the design, construction documents and estimates;
provide for the initial payment of the option to purchase to Brown-Fairchild-Park Investment
Company, L.P.; provide for the real estate and outside counsel fees; and printing and mailing
costs. The General Fund Budget Stabilization Reserve (BSR) will provide the necessary funding.
A Budget Amendment Ordinance (Attachment A) in the amount of $3,436,981 is needed to
increase the appropriation to CIP Project PE-98020 (Public Safety Building).
The proposed funding request for this project will bring the total appropriation to $6,312,009.
Details of these appropriations are shown below:
Date Amount Purpose
FY 1997-98 through
FY 2001-02
$839,028 Preliminary design and support of the
BRTF
FY 2006-07 adopted
budget
$1,000,000 Preliminary design, EIR certification
FY 2007-08 adopted $600,000 Additional funding for preliminary
CMR:290:08 Page 6 of 8
budget design and EIR certification
November 2008 (BAO
#4976)
$436,000 Option payment to acquire property
located at 2785 Park Boulevard
Total Appropriation to
date (as of 07/11/2008)
$2,875,028
July 7, 2008
$3,227,701
$109,280
$20,000
$20,000
$60,000
Proposed expanded services of RDC
to complete design, construction
documents and estimates as discussed
in this CMR
Initial payment on the proposed
Option Agreement with Brown
Fairchild-Park Investment Company,
L.P.
Real Estate Fees
Outside legal counsel
Printing, mailing and miscellaneous
expenses
Sub-total (Proposed BAO) $3,436,981
Total $6,312,009
The General Fund BSR has a projected balance at the end of FY 2007-08 of $21,921,445, which
is estimated to be within the 15% range of the reserve policy. This is the lowest level for the
current Council policy for the BSR. Any additional use of the BSR will lower it below this level
and would require an amendment to the policy.
In February 2008, staff indicated in a report to Council (CMR:140:08) that the City anticipated to
save $0.5 million by prepaying retirement and retiree medical payments to PERS. This potential
savings had been identified to provide a steady stream of resource to the annual debt service to
the planned Certificates of Participation for the Project. Recent information from PERS
however, indicated that the anticipated savings has now been reduced to $0.2 million. This
updated information was provided to the Finance Committee on June 17, 2008 (CMR:288:08).
Staff intends to implement the prepayment plan since the savings of $0.2 million still provides a
contribution to the debt service costs. Staff will continue to seek operational efficiencies and
other potential revenues to cover for this shortfall of $0.3 million, and will review the
prepayment plan on a annual basis.
There will be additional operating expenses for the public safety building. It is currently
estimated that utility, custodial, and maintenance expenses for a new building will cost
approximately $397,000 annually based on ($8.00 per square foot). Landscaping maintenance
will cost approximately $16,000 annually. Since the facility is still in the design process,
additional operating costs have yet to be finalized. For example, tree trimming, and plaza and
garage cleaning costs have not been calculated to date. As the project is further defined, staff
CMR:290:08 Page 7 of 8
will be able to refine the operating and maintenance cost estimates and identify potential funding
sources.
POLICY IMPLICATIONS
This recommendation is consistent with the Council-appointed Blue Ribbon Task Force’s
recommendation and the establishment of the Public Safety Building as a Top 3 priority for
2006. It is also consistent with the Public Safety Building as a Top 4 priority for 2007 and 2008.
PROJECT TIMELINE
Design Phase – approximately 1 year
• Award design contract with RDC Summer 2008
• Award construction management contract for staff support, Fall 2008
project constructability & cost estimate review
• Award building plan check consultant contract necessary for Fall 2008
plan review & building permit issuance
• Art Commission, ARB, P&TC and City Council review Fall/Winter 2008
• Constructability and cost estimate review by the Summer-Winter 08
construction management firm, peer review team
and outside consultants
• Complete design and construction documents Winter 2008/09
Construction Bidding Phase – approximately 6 months
• Pre-qualification of bidders Fall/Winter 2008/09
• Bid document preparation Winter 2008/09
• Advertise and Issue of bids Summer 2009
• Open bids Summer/Fall 2009
Construction Phase – approximately 2 years
• Award contract amendment with RDC for Fall 2009
construction administration services
• Award construction contract Fall 2009
• Move into new building Fall 2011
Staff will provide the City Council with periodic updates on the design, cost estimates, land
acquisition, financing and schedule as the project progresses.
ENVIRONMENTAL REVIEW
A Draft EIR for the PSB project was circulated on July 13, 2007. A 45 day review and comment
period ended on August 29, 2007. The final EIR included revisions reflecting the comments
received. The Council certified the Final EIR on November 19, 2007. The proposed change in
the layout of the parking garage and public safety building (Attachment E) will be appended to
the Final EIR.
ATTACHMENTS:
Attachment A: Budget Amendment Ordinance (includes CIP Page as Exhibit B)
Attachment B: Contract with RossDrulisCusenbery Architecture, Inc.
Attachment C: Option Agreement with Brown Fairchild-Park Investment Co.
CMR:290:08 Page 8 of 8
Attachment D: CMR 186:08, Infrastructure Presentation City Council
Attachment E: 1.5 acre site, 3 story building, 4 level parking garage full site option
Attachment F: May 19th Peer Review PowerPoint presentation
Copies of the attachments to this CMR:290:08 may be viewed on-line at
http://www.cityofpaloalto.org/knowzone/agendas/council.asp; or at the Public Works
Department counter located at 250 Hamilton Avenue, 6th Floor, Palo Alto or by contacting
Elizabeth Ames at 650-329-2151.
PREPARED BY: __________________________________
ELIZABETH AMES
Senior Engineer
DEPARTMENT HEAD: __________________________________
GLENN S. ROBERTS
Director of Pubic Works
CITY MANAGER APPROVAL: __________________________________
STEVE EMSLIE/KELLY MORARIU
Deputy City Managers