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HomeMy WebLinkAbout2010-02-08 City Council Agenda Packet 1 02/08/10 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 February 08, 2010 6:00 PM ROLL CALL CLOSED SESSIONS Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. THE FOLLOWING CLOSED SESSION WILL BE HELD WITH THE CITY LABOR NEGOTIATORS. 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit Rules and Regulations (James Keene, Kelly Morariu, Dennis Burns, Russ Carlsen, Lalo Perez, Sandra Blanch, Marcie Scott, Darrell Murray, Joe Saccio) Employee Organization: Palo Alto Police Managers’ Association (Sworn) Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Kelly Morariu, Dennis Burns, Russ Carlsen, Lalo Perez, Sandra Blanch, Marcie Scott, Darrell Murray, Joe Saccio) Employee Organization: Palo Alto Peace Officers’ Association Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit Rules and Regulations (James Keene, Kelly Morariu, Russ Carlsen, Lalo Perez, Sandra Blanch, Marcie Scott, Darrell Murray, Joe Saccio) Employee Organization: Local 521, Service Employees International Union (SEIU) - SEIU Hourly Unit Authority: Government Code Section 54957.6(a) 2 02/08/10 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. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Kelly Morariu, Russ Carlsen, Sandra Blanch, Darrell Murray, Marcie Scott, Lalo Perez, Joe Saccio) Employee Organization: Local 521 Service Employees International Union Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Kelly Morariu, Russ Carlsen, Sandra Blanch, Darrell Murray, Marcie Scott, Lalo Perez, Joe Saccio) Employee Organization: Local 1319, International Association of Firefighters Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Kelly Morariu, Russ Carlsen, Lalo Perez, Sandra Blanch, Marcie Scott, Darrell Murray, Joe Saccio) Employee Organization: Palo Alto Fire Chiefs’ Association Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to the Merit System Rules and Regulations (James Keene, Kelly Morariu, Russ Carlsen, Lalo Perez, Sandra Blanch, Marcie Scott, Darrell Murray, Joe Saccio) Employee Organization: Unrepresented Employee Group Management and Professional Personnel and Council Appointees Authority: Government Code section 54957.6(a) 7:30 PM or as soon as possible thereafter 3 02/08/10 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. SPECIAL ORDERS OF THE DAY 2. Proclamation for the Pacific Skyline Council Boy Scouts of America 100th Anniversary ATTACHMENT 3. Selection of Candidates to be Interviewed for the Human Relations Commission for Two Terms Ending March 31, 2013, and One Unexpired Term Ending March 31, 2012 ATTACHMENT CITY MANAGER COMMENTS 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 period to 30 minutes. APPROVAL OF MINUTES January 11, 2010 CONSENT CALENDAR Items will be voted on in one motion unless removed from the calendar by two Council Members. 4. Approval of Amendment No. Four to Contract No. C3144644 with Huntsman Architectural Group in the Amount of $92,270 for a Total Contract Amount of $1,355,222 for Construction Administration for Architectural and Structural Work for the Civic Center Infrastructure Improvements Project – Capital Improvement Program Project PF-01002 CMR 136:10 & ATTACHMENT 5. Approval of Amendment No. One to Contract No. C09128453 with WSP Flack & Kurtz, Inc. in the Amount of $330,000 for a Total Contract Amount of $550,000 for Construction Administration and Commissioning Services for the Civic Center Infrastructure Improvements Project - Capital Improvement Program Project PF – 10102 CMR 135:10 & ATTACHMENT 4 02/08/10 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. 6. Approval of Amendment No. One to Contract No. C08124310 with Cambridge CM, Inc. in the Amount of $629,930 for a Total Contract Amount of $1,199,210 for Construction Management Services for the Civic Center Infrastructure Improvements – Capital Improvement Program Project PF-01002 CMR 134:10 & ATTACHMENT 7. Appointment of 2010 Emergency Standby Council Members CMR 126:10 8. Approval of Amendment No. Three to Agreement with the Housing Trust of Santa Clara County to Provide a Contribution in the Amount of $100,000 from the Residential Housing Fund for Fiscal Year 2009-10 to be Expended Through Fiscal Year 2013-14 CMR 132:10 & ATTACHMENT 9. Approval of a Public/Private Partnership Joint Venture Agreement Between the City of Palo Alto and the Cardiac Therapy Foundation Concerning the Use of Gymnasium Facilities and Associated Fees for Facility Use at Cubberley Community Center for Jointly Supported Cardiac Therapy Programs CMR 133:10 & ATTACHMENT 10. Adoption of Resolution Scheduling the City Council Vacation and Winter Closure in Calendar Year 2010 ATTACHMENT 11. Adoption of a Resolution Summarily Vacating a 12-Foot Wide Strip of a Public Utilities Easement at 780 Loma Verde Avenue CMR 129:10 & ATTACHMENT 12. Adoption of Two Resolutions to Incorporate a Side Letter Agreement with the Palo Alto Peace Officers’ Association (PAPOA) to Provide a Supplemental Military Leave Benefit to Pay for the Differential Between Regular Salary and Military Pay to PAPOA Members Called to Involuntary Active Duty Amending: (1) Section 1601 of the Merit System Rules and Regulations Regarding the 2007-2010 Memorandum of Agreement and (2) the Compensation Plan for Police Non- Management Personnel (PAPOA) Adopted by Resolution No. 8779 5 02/08/10 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. CMR 140:10 & 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. OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be limited to a maximum of three minutes per speaker. ACTION ITEMS Include: Public Hearings, Reports of Committees/Commissions, Ordinances and Resolutions, Reports of Officials, Unfinished Business and Council Matters 13. Review of Destination Palo Alto Metrics and Direction to Staff to Pursue Transition to Participation in the San Mateo County Tourism Business Improvement District CMR 138:10 & ATTACHMENT 14. Approval of Preliminary Design for El Camino Real/Stanford Avenue Intersection Improvements and Streetscape Project CMR 131:10 & ATTACHMENT 15. Public Hearing: Consider the Approval of Water Supply Assessment to Stanford Medical Center Facilities Renewal and Replacement Project (Item Continued from 2/1/10) CMR 141:10 & ATTACHMENT COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS Members of the public may not speak to the item(s). 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. CITY OF PALO ALTO PROCLAMATION The Pacific Skyline Council Boy Scouts of America 100th Anniversary WHEREAS, the Boy Scouts of America was founded on February 8, 1910 by William D. Boyce and chartered by Congress in 1916; and WHEREAS, the mission of the Boy Scouts of America is to prepare young people to make ethical and moral choices over their lifetimes by instilling in them the values of the Scout Oath and Law; and WHEREAS, the Pacific Skyline Council delivers scouting programs that develop character, citizenship, lifelong learning, fitness and leadership skills to youth in the Santa Clara and San Mateo Counties; WHEREAS, scouting with programs for youth helps meet six essential needs of young people growing up in our society; mentoring, lifelong learning, faith traditions, serving others, healthy living and character building. NOW, THEREFORE, I, Patrick Burt, Mayor of the City of Palo Alto, on behalf of the City Council do hereby proclaim the month of February 2010 as Boy Scouts of America Month. Presented: February 2010 ______________________________ Patrick Burt Mayor February 8, 2010 HONORABLE CITY COUNCIL City of Palo Alto SUBJECT: Selection of Candidates to be interviewed for the Human Relations Commission Dear Council Members: Enclosed are five applications submitted for three terms on the Human Relations Commission. Two of the terms are three year terms which will end on March 31, 2013 and one is an unexpired term which will end on March 31, 2012. At the Council Meeting on Monday, February 8, 2010 the City Council will select the candidates to be interviewed for the Human Relations Commission, with the interview date to be determined. Each Council Member will receive a selection sheet to use for determining who will be chosen for an interview. The requested action is for each Council Member to fill out the selection sheet. The City Clerk will announce the results. Candidates who receive four or more votes will be scheduled for an interview. The applicants are as follows: Name Address Phone 1. Masuma Ahmed 2421 Greer Road Palo Alto, CA 94303 650-384-5759 2. Theresa Chen 468 Lowell Ave Palo Alto, CA 94301-3813 650-329-8456 3. Robert Kuhar 947 Addison Avenue Palo Alto, CA 94301 650-324-1447 4. Diane Morin 1635 ElCamino Real Palo Alto, CA 94301 650-325-3830 5. Jill O'Nan 241 Curtner Ave., Apt. T Palo Alto, CA 94306 650-493-7479 Respectfully submitted, Ronna Jojola Gonsalves Deputy City Clerk Enclosures cc: All applicants (without enclosure) Donna Grider, City Clerk Greg Hermann, Staff Liaison TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: FEBRUARY 8, 2010 CMR:136:10 REPORT TYPE: CONSENT SUBJECT: Approval of Amendment No. Four to Contract No. C3144644 with Huntsman Architectural Group in the Amount of 592,270 for a Total Contract Amount of 51,355,222 for Construction Administration for Architectural and Structural Work for the Civic Center Infrastructure Improvements Project -Capital Improvement Program Project PF- 01002 RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or his designee to execute Amendment No. Four to Contract No. C3144644 with Huntsman Architectural Group (Attachment A) in the amount of $84,270 for basic services and $8,000 for additional services to provide construction administration related to architectural and structural work for the Civic Center Infrastructure Improvements Project PF-OI002. The amended contract amount would total $1,250,222 for basic services and $105,000 for additional services. This is one of three contracts (Huntsman Architectural Group, WSP Flack & K~ Inc., and Cambridge CM, Inc.) required to move forward with the upcoming construction phase of this project. DISCUSSION Background The Civic Center building was constructed in 1969 and no comprehensive major maintenance had been performed on the building through 2006. In fiscal year 2000-01, the City Council created the Civic Center Infrastructure Improvements project as part of the capital infrastructure maintenance program to address deferred and on-going major maintenance. This capital program was intended to extend the useful life of the Civic Center by approximately 30 years by replacing or refurbishing all the major building equipment and systems for the tower, Council Chambers, and garage; addressing fire code compliance issues; and providing maintenance upgrades to the exterior building envelope. Interior and systems improvements for the Police wing of the building were excluded due to a separate planned expansion project and may need to be addressed with a future project. The project was phased to include a building study and report phase and a design and implementation phase. The study phase determined the condition of the building and its systems; the project scope; and methods for accomplishing the work in an occupied facility. Upon completion of the study phase in fiscal year 2004 it was determined that the condition of the elevators required immediate improvements ahead of the other work. As a result, in fiscal years 2005 and 2006 design and construction of the elevator upgrades were completed prior to proceeding with design for the CMR:136:1O Page 1 00 balance of the upgrade work. The design work for the balance of the project was completed in fiscal year 2007. Due to the size of the projected costs at that time, the remaining project was planned for completion in three phases (referred to as bid packages) with funding spread over a five year period. The first phase (Bid Package 1) consisted of replacement of the main building genemtor, boiler, and refurbishment or replacement of major garage and building mechanical and electrical systems. The construction phase of Bid Package 1 was completed in fiscal year 2009 and did not require the relocation of city personnel. Phase 2 (Bid Package 2) consists of upgrades to mechanical and electrical distribution systems, including transformers, panels, etc.; accessibility improvements; and exterior painting and sealing. Bid Package 2 is scheduled for fiscal years 2010 and 2011. The final phase (Bid Package 3) is intended to include any remaining work that is not completed within the Bid Package 2 budget and is scheduled to be completed in fiscal year 2012. Architectural and Structural Contmct In February 2003, Council approved the initial consultant contract with Huntsman Architectural Group for the Study Phase and scope development for future design and construction phases of the Civic Center Infrastructure Project (CMR:145:03). Huntsman was selected through a standard consultant selection process. The Request for Proposal (RFP) provided that the selected consultant could be awarded future phases of the project if their work was found to be satisfactory. Several phases of this multi-year project have been completed including the study of the building and building systems for upgrade or replacement; elevator upgrade design and construction administration (Amendment #1, CMR:435:03); design of all systems upgrades and selected accessibility upgrades (Amendment #2, CMR:282:05); and construction administration for Bid Package I (Amendment #3, CMR:35 1 :08). Amendment No.4 Services Description Given the complexity of the building systems, design and contract administmtion services have been separated into two specialty contmcts: (1) architectural and structural and (2) mechanical, electrical and plumbing. This division also resulted in a substantial cost savings to the City by eliminating overhead costs related to specialty design work. Amendment #4 to the consultant contract provides for construction administmtion services related to architectural and structural work under the second construction phase for systems upgrades or Bid Package 2. Under this Amendment, Huntsman Architectural Group will provide standard construction support during the bid, construction and closeout phases including submittal review; response to requests for information or clarification; attendance at job-site meetings; review of claims or change order requests; project oversight to assure construction conformance with design requirements; and project closeout including preparation and coordination of Record Drawings. Next Steps Construction of this phase will be awarded to multiple prime contractors and will include refurbishment of the remaining mechanical systems not upgraded with Bid Package 1; electrical systems, including transformers, panels, etc.; accessibility improvements; and exterior painting and CMR: 136: 10 Page 2 ofJ sealing. Construction of this phase is expected to begin in May, 2010 and will take approximately ten months. The building will remain occupied dwing the course of the project. Work will be scheduled to keep systems operational during working hours and to minimize the impacts of construction on staff and the public. RESOtlRCE IMP ACf Funds for this project are available in Capital Improvements Program Project PF-01002, Civic Center Infrastructure Improvements. ENVIRONMENTAL REVIEW The project is categorically exempt from review under the California Environmental Quality Act under Guidelines Section 15301, maintenance, repair or minor alteration of existing public facilities. ATTACHMENTS Attachment A: Amendment #4 PREPARED BY: KAREN SMITH Manager of Facilities Maintenance and Projects DEPARTMENT HEAD: fLJ.RA- GLENN S. ROBERTS CITY MANAGER APPROVAL: CMR:136:10 Page 3 on I I I I ATTACHMENT A AMBRDMBN'l' NO. POUR TO CONTRACT NO. C3144644 BBTNBBN TO CZTY 0'9 PALO ALTO AND , , HUNTSMAN ARCHZTBCTURAL GROUP This Amendment No. ~our to Contract No.C3144644 ("Contract") is entered into , by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITYN) , and HUNTSMAN ARCHITECTURAL GROUP, a California Corporation, located at 50 California Street, San Francisco, CA 94111-4677 (~CONSULTANT"). R B C Z TAL S: WHEREAS, the Contract was entered into between . the parties for the provision of professional services described in contract C3'144644 related to the Civic Center infrastructure upgrades; and WHEREAS, the par.ties wish to amend the Contract; NOW, THEREFORE, in conSideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. The section entitled "TERM" is hereby amended to read as follows: "TERM. The services and/or ,materials furnished under this Agreement shall commence on the date of its execution by CITY, and shall be completed'14 months from receipt of City's Notice To Proceed or upon completion of close out of project, whichever is later. Upon the receipt of City's notice to proceed on Phase V (Bid Package 2), Consultant will commence bid, construction, and close out phase work in accordance with the time schedule set forth in Exhibit "AM. Time is of the essence of this Contract. The provision 'will not preclude the recovery of damages for delay caused by CONSULTANT." 'SECTION 2,. The section entitled "COMPENSATION" is hereby amended, to read as follows:' 100126 smOIO "COMPENSATION for the full performance of the Basic Services, including any authorized reimbu~sable expenses, City will pay Consultant a fee not to exceed One Million Two Hundred Fifty Thousand Two Hundred TWenty Two Dollars ($1,250,222). This contract covers Phase I study and assessment, Phase II design and construction administration for elevator upgrades, Phase III design for infrastructure upgrades, Phase' IV 1 bid and construction phase services for Bid Package 1, and Phase V bid, construction, and close out phase services for Bid Package 2. The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit "S", on a time and materials basis, up to the maximum amount set forth in this Section. The hourly fee schedule is attached and incorporated by this reference as Exhibit 9B-1". The fee for work shall include all consultant costs necessary for providing the services including sub-consultant costs and reimbursables. The fees of any consultants who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY .. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT.s 5.1.2 CITY may authorize Consultant to perform Additior;tal Services. The amount of compensation for such additional services shall not exceed One Hundred Five Thousand Dollars ($105,000). Any employee's time will be computed at a multiple of orie (1) times the employee's direct personnel expense described in . original contract. The rate schedules may be updated by CONSULTANT only once each calendar year, and the rate schedules will not become effective for purposes of this Contract, unless and until CONSULTANT gives CITY.thirty (30) days' prior written notice of the effective date of any revised rate schedule. 'SECTION 3. The following exhibits to the Agreement are hereby amended to read as set forth in the attachments to this ; Amendment, which are incorporated in full by this reference·: a. Exhibit "A" entitled "Scope of Project and Time Schedule". h. Exhibit "B" entitled "Fee Schedule". SECTION 4. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. 2 100126 8m 010 IN WITNESS WHEREOF, the parties have by their duly authori zed representatives executed this Amendment on the date first above written. CITY OF PALO ALTO APPROVED: Deputy City Manager HUNTSMAN ARCHITECTURAL· GROUP, INC. By:~b-- - DIrector of Public Works ta:e: ¥t; //),; At N.4H &1- Title:' -e;?Iltb/L'-~ APPROVED AS TO FORM: Senior Asst. City At1;:orney Attachments: EXHIBIT itA": EXHIBIT "B": EXHIBIT "B-1": 100126 8m 010 SCOPE OF PROJECT & TIME SCHEDULE FEE SCHEDULE RATE SCHEDULE 3 REVISED EXHIBIT "A": SCOPE OF PROJECT AND TIME SCHEDULE Amendment #4 CMC CENTER lNFRASTRUCTIJRB PROJECT: ClP PF-OI002 1. !N1'RODUCTION ·The City of Palo Alto is upgrading the Civic Center building, located at 250 Hamilton Ave, Palo Alto, CA. The scope of work includes replacement or retrofit of the building ventilation systems, garage ventilation systems, boiler, building emergency genera~r, elevators, electrical systems and distribution wiring, life safety system, and Americans with Disabilities Act (ADA) improvements (as triggered by Title 24 provisions required by the aforementioned upgrac:les). The project shall also include installation of energy saving systems/features. The Consultant's services shall be phased and shall include a building study and report phase (phase I), and design and ~plementation phases as required to accomplish the above project. The coqling tower, chiller, mezzanine fan coil units and a small emergency generator were installed within the last 8.years and need not be replaced. Recent retrofit work to the office finishes was completed on the mezzanine level, 200 floor, 31'11 floor, 4th floor, Sth tloor, and the 8th tloors. Electrical upgrades to the 200 floor computer room and ~el "A" Communications Center will be completed in 2002. All building lighting has been recently upgraded for energy efficiency. Consultant shall understand how the past work fits in with the new. and integrate systems where efficiency, cost reductions, and maintenance savings can be achieved. , 2. SCOPE OF SERVICES A. Building Study and Report Phase (Completed) The' Civic Center office building will remain occupied during construction. The Consultant shall perfonn a survey of the building's electrical, mechanical and elevator systems outlined above, and develop a feport describing the feasibility of retrofitting the systems while operating the occupied facility. The study shall include strategies and alternatives to replace or retrofit the existing systems. The analysis and resulting recommendations shall take in to accouilt both feasibility and economics. The study phase shall also identify Title 24 required upgrades. The Consultant shall work with the Facilities Management Division to develop the· survey strategy, identify each mechanical, electrical and elevator component from existing construction drawings, and evaluate the condition and required upgrades to each of the systems. Consultant shall recommend equipment changes and methodologies in change-out while accommodating existing occupants. Phasing and relocation alternatives, rebuilding the systems on a "fast-track" basis, and other altematives proposed by consultant shall be considered during this phase to accOmplish the work· with the l~ cost andlor minimum disruption to the occupants. Consultant shall place economic values on business disruption, leasing short~tenn space, and other incidental factors in evaluating and preparing.an engineering economic analysis for . 'retrofit/replacement of building systems. Contract No. C3144644 -Amendment Four Page 1 12/28/09 1. Site Assessment • Consultant shall review and evaluate all available plans, specifications, and calculations for existing equipment and shall determine the procedure for acquiring any necessary additional information. • Consultant, with prior permission .from the City's Project Manager, win be allowed to remove and then replace existing cons1ruction or to install access hatches in order to investigate inaccessible areas. 2. Equipment Evaluation • Consultant shall perform existing equipment evaluations to latest adopted standards and codes. . • Consultant shall list and categorize all deficient/required replacement equipment and compOnents. 3. Economic Analysis and Feasibility Study • Consultant sbalJ. determine all practical mechanical and electrical retrofit options for each major piece of equipment requiring replacement. • Consultant shall review the retrofits in light of keeping existing occupants in the building or moving them out to" adjacent leased buildings. Such costs shall include moving costs, temporary tbmituie and equipment, and business intermptio~. I • Consultant shall prepare preliminary construction cost estimates for each of the retrofit . options. . 4, Rqport . • Consultant shall prepare and deliver 5 copies of the draft report summarizing the findings fiom the study. • Upon City review and comments on the draft report, consultant shall make necessary revisions and then prepare and deliver s· copies of the final report to the City. Detailed tasks and schedule for this phase of work are listed under ''Palo Alto Civic Center Inftasttucture Building Study and Report Phase Scheduld' attached. Consliltant shall present the study with alternates to Public Works staft the City's Executiye Staff, and City Council as part of the City's decision process. At the ~mpletion of the building study and report phase,. upon review and discussion of the recommendations and alternates, the final scope of the project shall be determined. Once the final scope is determined, the Schedule and fee for Phase n will be negotiated with the consultant and the next phase of the project shall commence. Should the City and the Consultant be unable to reach agreement on the scope or the fee, or for any other reason, the City reserves the right not to award. Phase n of the work to the COnmUmnt . Architectural services will include work related to Title 24 work and other ancillary architectural work triggered by the mechanical, electric~ plumbing, structural, and elevator upgrades. The ConsUltant shall provide coordination and direction of the work of the design team. the gathering of information, and the coordination and completion oftha study report The Consultant shall provide coordination between the design team, the City's project team. and the building and planning officials of the City of Palo Alto. Following are the assumptions for the architectural scope. Contract No. Cl144644 -Amendment Four Page '2 12/28/09 • There is architectural work only as it relates to the support of the infrastructure upgrade work. Anticipated areas include a possible electrical panel room and a generator room. There may be some other areas related to electrical equipment or mechanical equipment, but nothing is certain at this time. There may be some ceiling and light fixture selection. There may be some treatment of penetrations of floors and walls for structural work. • There will be no architectural work related to Title 24 work: except as triggered by the in:frastructure upgrade. • Architectural work related to the site search, lease negotiations, programming, space planning, conStruction drawings and specifications and construction administtation for a swing space is not included. • There is, to be no architectural cosmetic work. • Other than noted abc>ve, there are no plans to do any remodeling, additions or alterations to the building. There is no work related to a restack of the building or space planning for any of the existing departments of the building. • There is'no work in the 911-ca11 center, or the second floor computer room. Following are the assumptions for the scope of mechanical, electrical and plumbing. • 'Con:ununications system design is not included. • Lighting design services for public areas and ,exterior areas are not included. • Special systems -telephone, data, audio-visual, cable television, etc. are not included. • Consulting and investigation of electric service and discussions about transformer switChgear service sizing with the electric utility company will be included. • Consulting and investigation of existing natural gas service with the utility company will be proviqed. • Design oflandscape irrigation and all civil engineering is not included. In addition to that noted above, the scope of work for the elevator consultant includes a computerized system analysis outlining elevator performance for each scheme studied. The scope of work for the construction management and cost consultant during the study phase will be to prepare budgets fQr the different alternatives developed by the design team. Contract No. C3144644 -Amendment Four Page 3 12/28109 B. Design and Implementation Phase -Elevator Upgrade (Complete) In this phase, Consultant shall provide design development, cons1ruction drawings, specifications, cost estimates, preliminary construction schedule, and construction administration for the elevator upgrades and all associated work. The elevator upgrades includes .the overhaul of the three building elevators and the garage elevator, mong with the associated architectural, structural. mechanical, electrical and plumbing work:. In addition, the elevator cab interiors will be remodeled and the ventilation system in the elevator ~e equipment room will be redesigned to meet current code. The work is' . desc.ribed in the ''Elevator Infrastmcture ,Study" dated August 4, 2003. The scope of the architectural work: in phase 2 includes design development, constniction drawings, specificatio~ and conatntction administration for all the architectural work related to the elevator cab interiors, the new canopy at elevator 4, any Title 24 work, and other ancillary . architectural work triggered by the mechaDicat, electrical, plumbing, stmctura1 and elevator work, done as part of the inftastructure upgrade. Architectural services include the coordination ~d direction of the work of the desip team, the gathering of information and the coordination . and completion of the construction documents. Services also include coordination work with City Public Works, Planning and Fire Departments to develop the project and obtaiD. building permits. Finally, there is the task: of interfacing between the design team and the City of Palo Alto, coordinating presentations to the city personnel in the building so they are aware of what is going to happen during the implementation phase, and then making sure that is what happens. Consultant shall make presentatiops. to the City's project team and the Palo Alto Architectural Review Board for the new exterior canopy at elevator 4. Following are the assumptioilS for the phase 2 scope of architectural services. • There is architectural work only as· it 'relates to the support of the inftastmcture upgrade work. Areas include a canopy at elevator 4, elevator cab interiors, Title'24, and ancillary , work related to the elevator upgrade. There may be some treatment of pene1rations of floors and walls for structural work. ' • There will be no architectural work related t~ Title 24 work except as triggered by the infrastructure upgrade. • Architectural work related to the site search, lease negotiations, programming, space plamiing, construction drawings and specifications and constmction administration for a swing space is not included. • There is to be no architectural cosmetic work. • Other than noted above, there are no plans to do any remodeling, additions or alterations to the building. There is no work related to a restack of the building or space planning for any of the existing departments of the building. Contr~ct No. C3144644 -Amendment Four Page 4 12128/09 • There is no work in the 91 I-call center, or the second floor computer room. The scope of the mechanical, electrical and plumbing wode for phase 2 includes preparation of design development documents and specifications and coordination of these documents with the architectural and structural design development drawings. Work shall include HV AC, power, . and security design. Once the design development package is reviewed by the City and approv~detailed construction documents and specifications will be prepared and coordinated with the architectural and structural documents. The necessary documentation will be submitted to the building department for permit review, and the mechanical, electrical and plumbing engineers will meet with the building officials as required during this review phase. During the construction phase, review of shop drawings, periodic site visits, preparation of a punch list of deficient items, review of the life safety testing completed by the contractor, assistance in review of the contractor's application for payment if requested shall be provided. '. Following are the assumptions for the phase 2 scOpe of mechanical, electrical and plumbing services .. • Communications system design is not mcluded in the mechanical/electrical basic scope of services. This can be provided under a separate authorization. • Lighting design servi.ces forpublic areas and exterior areas are not included in the mechanical/electrical basic· scope of services. This can be provided under a separate authorization. • Special systems -telephone, data, audio-visual, cable television, etc., will be designed by a specialty consultant and/or specialty contractor. Under basic services, the HV ACt power and empty conduitlraceway requirements b.oo on infonnation from the specialty consultants will be incotporated into the mechanical/electrical documentation. These specialty design services can be provided under a separate authorization. Wodc required to extend the . existing security system IS included. • Consulting and investigation of electric service and discussions about transformer switchgear service sizing with the electric utility company will be included. New services will be de$igned and coordinated with the utility. Any electrical service wolk on the site would be shown on a civil engineer's plan for utility profiles and coordination with wet utilities. The structural engineering scope for the design and implementation phase includes all basic structural engineering schematic design, design development, construction documents, bidding and construction administration. Services will include any structural modifications, including strengthening ot: imd provision of new openings and penetrations through, the existing structural elements 'of the building-Services will also include any structural documentation required for equipment installation and anchoring. The product o~the structural engineering servic~s will include preparation of structural construction documents (drawings and specifications), preparation of supporting calculations, and obtaining building official approval of the structural design and documentation,. During the construction phase, the scope of:work includes bidding Contract No. C3144644 -AmendmeJlt Four Page 5 12/28/09 assistance as required, shop drawing review, coordination with the architect on structural issues, periodic site observation and a punch list at the end of construction. The scope of work for the elevator consultant includes: a computerized system analysis outlining elevator performance for each scheme studied, an outline specificatio~ qualification and coordination of the elevator contractor and review of the architectural, mechanical and electrical design development drawings as they relate to the elevator scope of work. The construction documentation. phase scope includes specifications and assistance to the architect in the preparation of the construction drawings as they relate to the elevfl,tor scope of work and the review of the elevator bid package. During the construction phase, the scope of work includes bidding assistance as reciuired, shop drawing review, comdination with the architect on elevator issues, periodic site observation and a punch Jist at the end of construction. The scope of work for the construction management and cost consultant during the design development phase win be to review the documents for constructabiJity and to prepare budgets for the different alternatives developed by the design team. During the construction drawing phase. the scope will be much the same, but the budgets will become more detai1edand more definite. During the construction phase, at the request of the City, the construction management consultant may manage the construction, phasing, sub-contractors, etc. The scope of work dming this phase will be determined after discussions with the City. If construction management is requested by the City, it win be an additional service. C. Phase m Design of Infrastructure Repairs (Complete) The scope of work for phase m is described in the infrastructure study report prepared by Hunt:sJnan, dated SeptemberS, 2003, and in the infrastructure project ~ dated April 12, 2004. Project will be designed as three bid packages which win be designed and produCed simultaneously. Bid phase and construction administration services are not included in this phase and shall be awarded at a later date if required. Bid Package 1 shall be a two phase package. Inftastructure repairs in Package 1 include replacement or upgrade of boiler and pumps, gai-age and building air handlers, Level A ventilation unit contaminant control, ''building'' generator, electrical equipment in garage levels Band C. garage exit,signage, CO detection system and garage ventilation controls, doubte containment of fuel oil piping, earthquake valve on gas line, diesel exhaust stacks, main switchboard room, and accessibility uPgrades at Level A entry, toilet rooms and drinking fountain and as required to meet Title 24 compliance. Bid Package 2 shall be a two phase package. Infi:astructure repairs in Package 2 include replacement or upgrade of water heater, electric service, electrical distribution panels, lighting, 'automatic lighting controls, local switching for lighting on floors S and 6, electrical equipment and feeders on tower floors, electrical feeders at main switchgear room, Level A transformer at lunchroom, building fire alarm syst~ breakout windows, reseal all windows, exterior painting, domestic water service, fire protection water service backflow, tire/smoke dampers, and Attorney's office heating and ventilation. Contract No. C3144644 -Amendment Four Page 6 12128/09 Bid Package 3 shall be a single phase package. Infrastructure repairs in Package 3 include replacement or upgrade of perimeter zoning for Levels 2-7, V A V boxes, interior zone electric heating to hot water heating coils Levels 2-7, podium and mezzanine levels interior zone electric heating coils, and building plumbing fixtures. In this phase, Consultant shall provide construction drawings, specifications, cost estimates, preliminary construction schedule for the infrastructure upgrades, and other ancillary architectural work: biggeredby the mechanical, electrical, and plumbing done as part of the infrastmcture upgrade. Accessibility work is limited to the building entry, toilets and drinking fOlDltain at Level A, and as triggered by the work related to the new generator room, the upgrade of the existing MSB room, and other work listed in the scope of the three bid packages only. Architectural services include the Coordination and direction of the work of the design team, the . gathering of information and the coordination and completion of the construction drawings and specifications. Services also include cooniiDation work with' City Public Works, Planning and Fire Departments to develop the project anel obtain building permits. Consultant shall provide interface between the design team and the City of Palo Alto, coordinating presentations to the city personnel 'in the building so they are aware of what is going to happen during the implementation phase, and then making sure that is what happens. Architect has included one presentation to City Council. Consultant shall attend meetings with City staff as required. M.BP 'sub-consultant shall provide professional semces, including mechanical, electrical, plumbing and fire protection services to implement the scope of work. Their services shall include attendance at design meetings as required. Prior to specification, equipment shall be . eval~ to provide the most energy efficient system possible. Evaluation may include Life Cycle Costing for items over $10,000 value. Structural engineerlD.g services will be provided in relation to any structural modification of, including assessment and strengthening of; and provision of new opening and penetrations through, the existing structural elements of the City Hall building occasioned by the iDftastructure upgrade work. Sub-consultant shall provide anchorage and hOllSekeeping pad details for all equipment as required; details for support and bracing ofMEP systems (ducts, piping, conduit. etc.); details for wall modifications and penetrations, and penetrations of post- tensioned beams and floor slabs; and assessment of existing structural members, details and procedural notes for anchorage installation at various MEP locations. No modifications of the existing strueture, b:icluding any general seismic upgrades will be required other than those specifically noted as related to the infrastructure upgrade work. Work shall include drawings and specifications, calculations as required to obtain building official approval of the structural design and documentation. Services shall include four (4) site visits to observe and confirm existing conditions, and four (4) design team meetings for package one. One (1) design team meeting each is included for package two and package three. Scheduling and cost estimating sub-consuItant shall provide review of drawings at various stages of design to check for constructability, and to assist in phasing and scheduling the work. Sub- consultant shall assist in preparation of the final documelits to assure a completely operational building at the completion of each construction phase; and shall review phasing to assure -work , Contract No. C3144644 -Amendment Four Page 7 12128/09 will progress in the most efficient and practical manner. Engineer~s estimates shall be provided with the 60% and 90% submittal. D. Pbgse IV (Amendment #3) Bid Phase and Construction Administration Work for "Bid Packagq I: A_Dn (Complete) 1. Bid Phase: • Consultant shall attend the pre.:.bid meeting; respond to questions from bidders; issue clarifications for addenda as required; and assist the City of Palo Alto and their Construction Manager in assessing the bids for award. • Neither Huntsman nor any of its subwconsultants will be responsible for the administration of awan! of the bids. 2. Construction Phase During the construction phase the Consultant shall: • (Architect) attend the pre-construction meeting and attend site construction meetings. 'Ibis includes up to 9 monthly meetings with another 4 meetings as needed. The Structural Engineer shall attend the kick-offmeeting and up to 4 additional meetings. • Review submittals and shop drawings and respond to RFJ's from City or CitYs Construction Manager. • Make revisions to the construction documents and issue Bulletins as required. • Coordinate with the ·City of Palo Alto building inspectors as required.. • Attend one punch list visit to review the work and compile a punch list • Attend one follow up punch list review to make sure the punch list items have been corrected. 3. Close Out • During Close Out Phase, the Consultant shall: •. Attend a close out meeting with the City~ the Construction Manager and the contractors (one meeting only). • Produce final "Record Drawings~~ from infonnation provided by Prime Contractors. This includes one hard and one CD copy of the final construction drawings~ • Review the final close out package submitted by the prime contractors for completeness. B. Phase V (Amendment #4) Bid Phase. Construction Administration Work. and Close Out Phase for "Bid Packag@ 2: Phases 3. 4, and S" . 1. Bid Phase: Contract No.C3144644 -Amendment Four Page 8 . 12128/09 During the Bid Phase, the Consultant shall: • Attend the pre-bid site walk and responding to questions during and after the walk. • Answer any questions the bidders may have during the bid phase. • Issue agenda as required due to questions or reflect decisions :Ql8de during the bid phase. • Assist the City of Palo Alto and their Project Manager in assessing the bids and awarding to the successful contractor or contractors. • Neither Huntsman nor any of its sub-consultants Will be responsible for . the administration of awani of the bids. 2. Construction Phase During the Construction phase the Consultant shall: • Attend site construction meetings; one meeting ~ month for 10 months. Include another 5 additional meetings on an as needed basis. Rutherford and Chekene will attend the kickooOffmeeting and then up to 4 additional meetings. .. • Answer phone calls from the Construction Manager as requested. • Review of submittals and shop drawings and respond to RFl's ftom City or City's Construction Manager. . • Make revisions to the construction documents and issue Bulletins as required. • Coordinate with the City of Palo Alto building inspectors as required. • Attend up to three punch list visits to review the work and compile a punchUst. • Attend one follow up punch list review to make sure the punch list items have been corrected. . 3. CloseOut During Close Out Phase, the Consultant shall: • Attend a close out meeting with the City, the Construction Manager and the contractor(s) (one meeting only). • Produce final "Record Drawings" ftOm information provided by Prime Contractors. This includes one hard and one CD copy of the final construction drawings. • Review the final close 01lt package submitted by the prime contractors for completeness. General The Civic Center office building will remain occupied during construction. Consultant shall recommend. equipment changes and methodologies in change-out while accommodating existing occupants. Consultant shall prepare the final construction documents for replacement/retrofit of Contract No. C3144644 -Aniendment Four Page 9 . 12128109 all components defined at 30% design development. Consultant may be required to provide specifications for pre-purchase of long lead items during this phase as determined by the project construction schedule. Consultant shall assist the city in obtaining all required permits. Plans and specifications shall be presented to the City at 30%, 60% and 9()0,4 cOmpletion. An engineer's estimate shall be prepared at the 60% and 9()oA, design stage. TbeConsultant shall provide support during bid and construction periods if awarded for that phase. Consultant shall attend the pre-bid conference with interested contractor personnel, assist staff in responding to requests for infonnation Or clarification, assist staff to prepare any ~ addenda, and shall assist the City with evaluation of the bids. The Consultant shall provide construction administration phase services commencing from the awanl of the . construction contraCt and terminating with the submittal and approval of record drawings. Consultant shall attend a pre-construction meeting and shall proVide submittal review and response to clarification requests as required. At project completion, contractor will provide "as-' . built" information for the Consultant to prepare final record drawings. Consultant shall verify the data provided before preparing the record drawings •. ReCord drawings shaU be provided in AutoCAD format on a CD, as well as one set of reproducible drawings. 3. DRAWINGS AND SPEC1FICAIIONS Consultant shall submit four (4) sets of project development drawings and specifications with each submittal. Upon completion of the final desim the Consultant will submit two (2) hard copies of specifications, one (1) set of specifications in electronic "Word" document format, two (2) sets of drawings for Facilities' use, complete set of drawings on CD in AutoCad version R14 or R2000, and five (5) wet stamped drawings to the City Building Division. Specifications will include Division 1 and shall be in the CSI format. AlA documents win not be allowed. City sball provide Division O. Only applicaQle information shall be included in the specifications. Drawings shall be on a 36" x 48" sheet size with a scale of 114" = 1 '. As applicabl~ upon completion of the construction phas~ and after acceptance by the City, the ConsUltant shall submit to the City one (1) complete set of reproducible mylar record drawings retlecting all as-built conditions. A complete set of Record Drawings shaI1 also be submitted to the city on CD in AutoCAD Version R14 or R2000. 4. PROJECT ADMINISTRATION Karen Smith, will be the City's Project Manager, unless directed otherwise by the City. Philip Ciralsky wilt be the City's Project Engineer. All questions, correspondence and invoices will be addressed to the Project ManQger at (650) 496-6973. Fax number is (650) 496-6958. All correspondence shall be addressed to the City of Palo Alto,Facilities Management Division; P.O. Box 10250, Palo Alto, CA, 94303. 5. TIME SCHEDULE The Consultant shall complete all Phase I services within 100 calendar days after issuance of notice to proceed. (Complete) Contract No. Cl144644 -Amendment Four Page 10 . 12128/09 Consultant shall complete Phase II elevator design services through submittal for building pennit within 10 weeks after issuance of notice to proceed. The term period for Phase II of this . agreement sball be through Dec 30, 2004 or completion of the construction phase, whichever ' occurs first. (Complete) Consultant shall complete all ~ m design services including Construction documents, and assistance to obtain building permit within eight (8) months of notice to proceed for this phase. Assistance during the bid phase and construction administration serviceS is not included in Phase m and shall be awarded at a later date ifrequested by City. (Complete) Consultant shall complete aU Phase IV services under this agreement by September 30,2009, or completion of the Construction phase, whichever occurs first. The construction phase is expected to be 270 calendar days. (Complete) Consultant shall complete aU Phase V services under this agreement by June, 2011, or completion of the construction phase, whichever occurs first. The construction phase is expected to be 10 months. Contract No. C3144644 -Am.endment Four Page 11 , 12128/09 EXijIBlT Bi FEE SCHEDULE CAmen4nJent #4) BaPcS~~ , The fees for this work shall include aU Consultant costs necessary for providing the desired services including sub-consultant costs, reimbursables, meetings, and report generation. Reimbursables shall inclUdetrave~ document reproduction costs, mailing and courier services. Travel shall be reimbursed at the City's CUIl'Cllt standard rate. P_I: Consultant shall provide aU basic services for a not-to-exceed fee of one hwtdred nine thousand six hundred twenty dollars ($109,620). Mechanical, Electrical, Energy, Life Safety, Garage Ventilation Systems Analysis Architectural Coordination (Time and materials not-to-exceed) ADA1I'24 Survey (Time and ,materials not-to .. exceed) Structural Engineering Elevator Consulting Cost EstimatingIConstruction Mgmt Consulting Reimbursables (at-cost, not-to-exceed) Total Phase I Additional Services PhaSe IT -Eleyator Upgra4e Design Phase Construction Administration Reimbursables Total Phase II Phase ill -Infrastructure Upgrade (l1n'ee design packages) Design Phase: not-to-exceed Reimbursables: at cost, not-to-exceed Total Phase m Additional Services Phase IV -Amendment #3 Bid Phase and Construction Administration $57,750 $14,500 $5,000 $9,500 $4,200 $14,670' $4,000 $109,620 $11,000 -$82,552 $18,765 $5,000 $106,317 $785,890 $82.119 $868,009 $86,000 The fees for the bidding, construction and close out phases of the infrastructure repair project, Bid Package 1, are for Huntsman and Rutherford and Chekene only. Consultant shall provide services wtder this phase for a not-to-exceed amount of$82,OO6. Contract No. C3144644 -Amendment Four Page 12 . 12128/09 Bid Phase Construction Administration Close Out Total Reimbursables: at cost, not-to-exceed $13,280 $48,344 $12.482 $74,106 $7,900 Phase V -Amendment #4 Bid Phase. Construction Administration. and Close Out The fees for the bidding, construction and close out phases of Bid-Package #2, Phases 3, 4, and 5, of the Infrastructure Upgrade project include fees and expenses for Huntsman and Rutherford and Chekene. Consultant shall provide services under this phase for a not-to-exceed amount of $84,270. - Bidding, Construction, and Close Out Reimbursables: at cost, not-to-exceed Total Phase V Additional Services Additional Services: $76,520 $7.750 $84,270 $8,000 Should any work be requested by the City which falls outside the basic services of this project, Consultant shall be paid on a time and material basis according to the standard fee schedule rates .set forth in Exhibit "B-1". All additional services wolk must be authorized in advance in writing by the City's Project Manager prior to accomplishment of the wolk. Contract No. C3144644 -Amendment Four Page 13 12128/09 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: FEBRUARY 8, 2010 CMR:135:10 REPORT TYPE: CONSENT SUBJECT: Approval of Amendment No. One to Contract No. C09128453 with WSP Flack & Kurtz, Inc. in the Amount or $330,000 for a Total Contract Amount of $550,000 for Construction Administration and Commissioning Services for the Civic Center Infrastructure Improvements Project -Capital Improvement Program Project PF • 10102 RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or his designee to execute Amendment No. One to Contract No. C09128453 with WSP Flack & Kurtz (Attachment A) in the amount of $300,000 for basic services and $30,000 for additional services to provide construction administration and commissioning services related to mechanical, electrical and plumbing work for the Civic Center Infrastructure Improvements Project PF- 01002. The amended contract amount would total $500,000 for basic services and $50,000 for additional services. This is one of three contracts (Huntsman Architectural Group, WSP Flack & Kurtz, Inc., and Cambridge CM, Inc.) required to move forward with the upcoming construction phase of this project. DISCUSSION Background The Civic Center building was constructed in 1969 and no comprehensive major maintenance had been performed on the building through 2006. In fiscal year 2000-01, the City Council created the Civic Center Infrastructure Improvements project as part of the capital infrastructure maintenance program to address deferred and on-going major maintenance. This capital program was intended to extend the useful life of the Civic Center by approximately 30 years by replacing or refurbishing all the major building equipment and systems for the tower, Council Chambers, and garage; addressing fire code compliance issues; and providing maintenance upgrades to the exterior building envelope. Interior and systems improvements for the Police wing of the building were excluded due to a separate planned expansion project and may need to be addressed with a future project. The project was phased to include a building study and report phase and a design and implementation phase. The study phase determined the condition of the building and its systems; the project scope; and methods for accomplishing the work in an occupied facility. Upon completion of the study phase in fiscal year 2004 it was determined that the condition of CMR:135:10 Page 1 of3 the elevators required immediate improvements ahead of the other work. As a result, in fiscal years 2005 and 2006 design and construction of the elevator upgrades were completed prior to proceeding with design for the balance of the upgrade work. The design work for the balance of the project was completed in fiscal year 2007. Due to the size of the projected costs at that time, the remaining project was planned for completion in three phases (referred to as bid packages) with funding spread over a five year period. The first phase (Bid Package 1) consisted of replacement of the main building generator, boiler, and refurbishment or replacement of major garage and building mechanical and electrical systems. The construction phase of Bid Package 1 was completed in fiscal year 2009 and did not require the relocation of city personnel. Phase 2 (Bid Package 2) consists of upgrades to mechanical and electrical distribution systems, including transformers, panels, etc.; accessibility improvements; and exterior painting and sealing. Bid Package 2 is scheduled for fiscal years 2010 and 2011. The fmal phase (Bid Package 3) is intended to include any remaining work that is not completed within the Bid Package 2 budget and is scheduled to be completed in fiscal year 2012. Mechanical, Electrical and Plumbing Construction Administration WSP Flack & Kurtz, Inc. provided mechanical, electrical and plumbing (MEP) design as a sub- consultant to Huntsman Architectural Group for all phases of the project. Since the MEP work constitutes the majority of the construction scope, the City separated the construction administration services for Bid Package 1 into two specialty contracts: (1) architectural and structural and (2) mechanical, electrical and plumbing (CMR 344:08). This division also resulted in a cost savings to the City by eliminating overhead costs related to specialty design work. Consultant Services Description Amendment # 1 to the consultant contract provides for construction administration and commissioning services related to mechanical, electrical and plumbing work under the second construction phase for systems upgrades, or Bid Package 2. The consultant will provide standard construction support during the bid, construction and closeout phases including submittal review; response to requests for information or clarification; attendance at job-site meetings; review of claims or change order requests; project oversight to assure construction conformance with design requirements; and project closeout including preparation of Record Drawings. Commissioning, part of the green building process, is a systematic process of ensuring that new building systems perform interactively according to the documented design intent and operational requirements, and that specified system documentation and training are provided the facility staff. Next Steps Construction of this phase will be awarded to multiple prime contractors and will include refurbishment of mechanical systems not upgraded with Bid Package I; electrical systems, including transformers, panels, etc.; accessibility improvements; and exterior painting and CMR:13S:10 Page2of3 sealing. Construction of this phase IS expected to begin ill May 2010 and will take approximately ten months. The building will remain occupied during the course of the project. Work will be scheduled to keep systems operational during working hours and to minimize the impacts of construction on staff and the public. RESOURCE IMPACT Funds for this project are available in Capital Improvement Program Project PF-01002, Civic Center Infrastructure Improvements. ENVIRONMENTAL REVIEW The project is categorically exempt from review under the California Environmental Quality Act under Guidelines Section 15301, maintenance, repair or minor alteration of existing public facilities. ATTACHMENTS Attachment A: Amendment # 1 PREPARED BY: KAREN SMITH Manager, Facilities Maintenance & Projects DEPARTMENT HEAD: tL J.gf<~~ CITY MANAGER APPROVAL: CMR:135:10 Page 3 of3 I I I I I I I I ) I AMENDMENT ,NO. ONE TO CONTRACT NO. 009128453 BETWEEN THE CITY OF PALO ALTO AND WSP FLACK & KURTZ, INC. ATTACHMENT A This Amendment No. One to Contract No. C0912B453 ("Contract" ) is entered into 1 by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and WSP Flack & Kurtz, Inc., a Califprnia corporation, located at 405 Howard Street, Suite 500, San Fran~iscol CA 94105 ("CONTRACTOR"). R E CIT A L S: WHEREAS, the Contract was entered into between the parties for the provision of professional services described in C0912B4S3 related to Civic Center Infrastructure upgrades; and WHEREAS, the parties wish to amend the Contract; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. The section entitled "NOT TO EXCEED COMPENSATION is hereby amended to read as follows: l00126smOl0 "COMPENSATION to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Five Hundred Thousand Dollars ($500,000), In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Fifty Thousand Dollars ($50,000). The applicable rates and schedule of payment are set out in Exhibit \\C", entitled "COMPENSATION", which is attached to and made a part of this Agreement. Additionjil Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C", CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "Al'. II 1 SECTION 2. The following exhibit (s) to the Contract is/are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference: a. Exhibit "A" entitled "Scope of project". b. Exhibit "B" entitled "Time Schedule". c. Exhibit "e" entitled "Compensation". SECTION 3. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF I the parties have by their duly authorized representatives executed this Amendment on the date first above written. APPROVED: FLACK & KURTZ, INC. City Manager Director of Public Works Title: __ ~ ____ ~~ __________ __ APPROVED AS TO FORM: Senior Asst. City Attorney Attachments: EXHIBIT "A": EXHIBIT liB II ; EXHIBIT "C": lOOl26smOlO SCOPE OF PROJECT TIME SCHEDULE COMPENSATION 2 REVISED EXHIBIT "A": SCOPE OF WORK (Amendment #1} . CIVIC CENTER INFRASTRUCTURE PROJECT: CIP PF~Ol 002 Bid Phase and Construction Administration Work for "Bid Package 2" 1. INTRODUCTION The City of Palo Alto is upgrading the Civic Center building, located at 250 Hamilton Ave, Palo Alto, CA. The scope of work includes replacement or retrofit of the building ventilation systems, garage ventilation systems, boiler, building emergency generator, elevators, electrical systems and distribution wiring, life safety system, and Americans with Disabilities Act (ADA) improvements (as triggered by Title 24 provisions required by the aforementioned upgrades). The project shall also include installation of energy saving systems/features. The Consultant's se~ces shall be phased and shall include a building study and report phase along with design and implementation phases as required to accomplish the above project. The cooling tower, chiller, mezzanine fan coil units and a small emergency generator were installed within the last 8 years and need not be replaced. Recent retrofit work to the office finishes was completed on the mezzanine level, 2no. floor, 3rd floor, 4th floor, 5th floor, and the 8th floors. Electrical upgrades to the 2nd floor computer room and Level "A" Communications Center will be completed in 2002. All building lighting has been recently upgraded for energy efficiency. Consultant shall understand how the past work fits in with the new, and integrate systems where efficiency, cost reductions, and maintenance savings can be achieved. Flack & Kurtz (Consultant) has been a sub~consultant to Huntsman Architectural Group for aU previous phases ofthis project which include: Building Study and Report Phase, Design and Implementation Phase -Elevator Upgrade, Design of Infrastructure Repairs and the first construction phase of the design work of which the mechanical, electrical and plumbing scope made up approximately 85% ofthe overall work in this phase. Bid Package 2 will cover MEP infrastructure upgrades and construction administration services for the Tower levels including replacement of electrical heating coils with hot water heating coils; replacement of electrical feeders, panels, and step~down transformers; lighting and lighting control upgrades; replacement of cooling fan and chilled water coils; and testing and replacement of fire dampers. 1. SCOPE OF SERVICES The Consultant shall provide support during bid, construction, and close out periods as follows: A. Bid Phase: • Consultant shall attend the pre-bid meeting; respond to questions from bidders; issue clarifications for addenda as required; and assist the City of Palo Alto and their Construction Manager in assessing the bids for award. • Consultant win not be responsible for the administration of award of the bids. Contract No. C09128453 -Amendment One Page 1 12/29/09 B. Construction Phase During the construction phase the Consultant shall: • Attend the pre-construction meeting. • Attend site construction meetings twice per month for the designated construction period. • Review submittals and shop drawings and respond to RFl's from City or City·s Construction Manager. • Make revisions to the construction documents and issue Bulletins as required • Coordinate with the City of Palo Alto building inspeetors as required. • Attend one punch list visit to review the work and compile a punch list. • Attend one follow up punch list review to make sure the punch list items have been correeted. • Provide full commissioning services and documentation for all equipment and systems installed as part of Bid Packages I and II to comply with requirements ofUSGBC LEED process and submittals. C. CloseOut During Close Out Phase, the Consultant shall: • Attend a close out meeting with the City, the Construction Manager and the contractors (one meeting only). • Produce final "Record Drawings" from infonnation provided by Prime Contractors. This includes one hard and one CD copy of the final construction drawings. Coordinate fmal drawing package with Architeet to provide one complete package to City. • Review the final close out package submitted by the prime contractors for completeness. • Provide documentation of commissioning process to comply with requiremqlts ofUSGBC LEED process and submittals. 3. QR.A WINGS AND SPECIFICATIONS As applicablet upon completion of the construction phase, and after acceptance by the City. the Consultant shall submit to the City one (1) complete set of reproducible record drawings reflecting all as-built conditions. A complete set of Record Drawings shall also be submitted to the city on CD in AutoCAD Version R14 or R2000. 4. PROJECT ADMINISTRATION Karen Smith wiJl be the City's Project Manager, unless directed otherwise by the City. Philip Ciralsky will be the City's Projeet Engineer, unless directed otherwise by the City. AU questions, correspondence and invoices will be addressed to the Project Manager at (650) 496- 6973. Fax number is (650) 496~6958. All correspondence shall be addressed to the City of Palo Alto, Facilities Management Division, P.O. Box 10250, Palo Alto, CA, 94303. Contract No. C09128453 -Amendment One Page 2 12129/09 EXIDBIT "B": SCHEDULE QF PERFORMANCE BID PACKAGE 1: (completed) Consultant shall complete all services under this agreement by September 30, 2009, or completion of the construction phase, whichever occurs first. The construction phase is expected to be 270 calendar days. BID PACKAGE 2: Consultant shall complete all selVices under this agreement by June, 2011. The construction phase is expected to begin in May 2010 and be ten (10) months. Contract No. C091284S3 -Amendment One Page 3 12/29/09 EXHIBIT "C": COMPENSATION Civic Center Infrastructure Project -WSP Flack & Kurtz BID PACKAGE 1: (completed) Basic Services The fees for this work shall include all Consultant costs necessary for providing the desired services including subMconsultant costs, reimbursables, meetings, and report generation. Reimbursables shall include travel. document reproduction costs, mailing and courier services. Travel shall be reimbursed at the City's current standard rate. Bid/Construction/Closeout Services (hourly, not-to-exceed) Additional Services Total for Big Package 1 BID PACKAGE 2: Basic Services $200.000 $20,000 $220,002 Consultant shall be paid on a time and materials basis according to the hourly rates set forth in Exhibit "C-l" and not to exceed the amounts specified below. The fees for this work shall include all Consultant costs necessary for providing the desired services including sub-consultant costs, reimbursables, meetings, and report generation. Reimbursables shall be paid at cost and shall include travel, document reproduction costs, mailing and courier services. Travel shall be reimbursed at the City's current standard rate. Bid/Construction/Closeout Services (hourly, notwtoMexceed) Commissioning Services (hourly, noHoMexceed) Reimbursable Expense Total Basic Services Additional Services Total for Bid Package 2 Additional Services $230,000 $30,750 $39.250 $300,000 $30,000 $330,000 Consultant shall be paid on a time and material basis according to the hourly fee schedule rates attached as Exhibit "C-l" should any work be requested by the City which falls outside the basic services of this project. All additional services work must be authorized in advance in writing by the City's Project Manager prior to accomplislunent ofthe work. Contract No. C09128453 -Amendment One Page 4 12129109 •• STANDARD HOURL Y RATES -EXHIBIT C·1 (Effective January 2010) Title President Senior Vice President Vice President Senior Associate Associate Engineer Design Engineer Designer CAD Operator Administration CAD Manager NOTE -Rates are subject to annual adjustment. $400 $300 $225 $180 $160 $130 $110 $ 95 $ 95 $ 85 $125 ,-,WSP-FLACK+KURTZ TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: FEBRUARY 8, 2010 CMR:134:10 REPORT TYPE: CONSENT SUBJECT: Approval of Amendment No. One to Contract No. C08124310 with Cambridge CM, Inc. in the Amount of $629,930 for a Total Contract Amount of $1,199,210 for Construction Management Services for the Civic Center Infrastructure Improvements -Capital Improvement Program Project PF-OI002 RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or his designee to execute Amendment No. One to Contract No. C08124310 with Cambridge CM, Inc. (Attachment A) in the amount of $571,930 for basic services and $58,000 for additional services to provide construction management services for the Civic Center Infrastructure Improvements project. The amended contract amount would total $1,089,210 for basic services and $110,000 for additional services. This is one of three contracts (Huntsman Architectural Group, WSP Flack & Kurtz, Inc., and Cambridge CM, Inc.) required to move forward with the upcoming construction phase of this project. BACKGROUND The Civic Center building was constructed in 1969 and no comprehensive major maintenance had been perfonned on the building through 2006. In fiscal year 2000-01, the City Council created the Civic Center Infrastructure Improvements project as part of the capital infrastructure maintenance program to address deferred and on-going major maintenance. This capital program was intended to extend the useful life of the Civic Center by approximately 30 years by replacing or refurbishing all the major building equipment and systems for the tower, Council Chambers, and garage; addressing fire code compliance issues; and providing maintenance upgrades to the exterior building envelope. Interior and systems improvements for the Police wing of the building were excluded due to a separate planned expansion project and may need to be addressed with a future project. The project was phased to include a building study and report phase and a design and implementation phase. The study phase determined the condition of the building and its systems; the project scope; and methods for accomplishing the work in an occupied facility. Upon completion of the study phase in fiscal year 2004 it was determined that the condition of the elevators required immediate improvements ahead of the other work. As a result, in fiscal years 2005 and 2006 design and construction of the elevator upgrades were completed prior to CMR:134:10 Page 1 of3 proceeding with design for the balance of the upgrade work. The design work for the balance of the project was completed in fiscal year 2007. Due to the size of the projected costs at that time, the remaining project was planned for completion in three phases (referred to as bid packages) with funding spread over a five year period. The first phase (Bid Package 1) consisted of replacement of the main building generator, boiler, and refurbishment or replacement of major garage and building mechanical and electrical systems. The construction phase of Bid Package 1 was completed in fiscal year 2009 and did not require the relocation of city personnel. Phase 2 (Bid Package 2) consists of upgrades to mechanical and electrical distribution systems, including transformers, panels, etc.; accessibility improvements; and exterior painting and sealing. Bid Package 2 is scheduled for fiscal years 2010 and 2011. The final phase (Bid Package 3) is intended to include any remaining work that is not completed within the Bid Package 2 budget and is scheduled to be completed in fiscal year 2012. Construction Management Limited project staffing available in~house does not allow for the required management of a project of this size and complexity. Working in an occupied facility, the logistics of this project require a high level of after-hours and weekend work and coordination with each of the prime contractors, consultants, and City departments. Cambridge CM, Inc., formerly known as Alfatech Cambridge Group, was awarded the contract for construction management services in March 10, 2008 (CMR:160:08). Cambridge CM, Inc. was selected through a standard consultant selection process. The contract provided that the selected consultant could be awarded future phases of the project if their work was found to be satisfactory. DISCUSSION Construction Management Services Amendment # 1 to the consultant contract provides for construction management services related to the second construction phase for systems upgrades, or Bid Package 2. Construction of this phase will be awarded to multiple prime contractors and will take approximately ten months. Cambridge CM, Inc. will provide full construction management services including on-site staff to manage the bid phase, pre-construction, construction and post construction phases. The construction manager provides daily oversight and coordination of the project; reviews all submittals, change order requests, requests for information or clarification, and payment requests; prepares and manages the project schedule; coordinates the work and schedule with all contractors and consultants; maintains the project :files; and manages the closeout process. Next Steps Construction for this phase is currently scheduled to begin in May 2010 and is expected to take approximately 10 months. The building will remain occupied during the course of the project. Work will be scheduled to keep systems operational during working hours and to minimize the impacts of construction on staff and the public. CMR:134:10 Page 2 of3 Work will be scheduled to keep systems operational during working hours and to minimize the impacts of construction on staff and the public. RESOURCE IMPACT Funds for this contract are available in Capital Improvement Program Project PF-01002, Civic Center Infrastructure Improvements. POLICY IMPLICATIONS This recommendation does not represent any change in existing City policies. ENVIRONMENTAL REVIEW The project is categorically exempt from review under the California Environmental Quality Act under Guidelines Section 15301, maintenance, repair or minor alteration of existing public facilities. ATTACHMENTS Attachment A: Amendment # 1 PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: KAREN SMITH Manager of Facilities Maintenance and Projects GLENN ROBERTS D~irector of Public Works ~ AAMES EE E City Manager I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I AMBNDIOlNr NO.OD TO CON'l'RACT NO. C08124310 BB'l'NBEN THB CITY OF PALO ALTO AJ.G) CAHBRIDGB eM, INC. ATTACHMENT A This Amendment No. One to Contract No. C08124310 ("Contractn ) is entered into , by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITYN), and Cambridge eM, Inc., formerly known as Alfa Tech Cambridge Group, a California General Partnership, located at 345 California Avenue, Suite 3, Palo Alto, CA 94306 ("CONTRACTOR"). R Bel TAL S. WHEREAS, the Contract was entered into between the parties for the provision of professional services described in C08124310 related to Civic Center Infrastructure upgrades; and WHEREAS, the parties wish to amend the Contract; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: follows: SECTION 1. Section TERM is hereby amended to read as "TERM. The services and/or materials furnished under this Agreement shall commence on the date of its execution by CITY, and shall be completed fourteen (14) months from receipt of City's notice to proceed or upon completion of close out of Project, whichever is later. upon the receipt of City's notice to proceed, Consultant will commence bid, construction, and close out phase work in accordance with the time schedule set forth in Exhibit "A". Time is of the essence of this Contract. The provision will not preclude the recovery of damages for delay caused by CONSULTANT." SECTION 2. Section COMPENSATION is hereby amended to read as follows: lOOtZ6am010 "COMPENSATION to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed One Million Eighty-Nine Thousand Two Hundred and Ten Dollars ($1,089,210). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed One Hundred and Ten Thousand Dollars ($110,000). The applicable rates and schedule of 1 payment are set out in Exhibit "CN, entitled "COMPENSATION", which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "cn. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that. is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "An. SECTION 3. The following exhibit{s) are hereby added to the contract, which are incorporated in full by this reference: a. Exhibit "AN entitled "Scope of Project". b. Exhibit "aN entitled "Time Schedule". c. Exhibit "c" entitled "Compensation". SECTION 4. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF I the parties have by their duly authorized representatives executed this Amendment on the date first above written. APPRO~: City Manager Na Director of Public Works Title::Eku .. ,c ... ,.' r/CItJ:,O APPROVED AS TO FORM; Senior Asst. City Attorney Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "Cit: 100126 8tn 010 SCOPE OF PROJECT TIME SCHEDULE COMPENSATION 2 EXHIBIT "A": SCQPE QF PROJECT -AMENDMENT #1 REVISION \ CIVIC CENTER INFRASTRUCTURE PROJECT -CIP PF .. OI00l CONSTRUCTION MANAGEMENT SERVICES 1. INTRODUCTION The City of Palo Alto is upgrading the Civic Center building, located at 250 Hamilton Ave, Palo Alto7 CA The scope of work includes replacement or retrofit of the building ventilation systems, garage ventilation systems, boiler, building emergency generator, electrical systems and distribution wiring, life safety system, and accessibility improvements. The Consultant's services shall include full Construction Management Services as required to accomplish the above project using a multiple prime delivery method. 2. SCOPE OF StiRYICES All work described below wID be dODe in eODJunction with the City of Palo Alto's oDgoinl review aDd approval. A. General Requirements The Construction Manager shall provide a construction professional or professionals to represent the City on-site. This Resident Project Representative (RPR) shall be approved by the City as having appropriate worlc: experience for the position. If at any time7 the City is not satisfied with the performance of the RPR, the City reserves the right to request the services of a different individual. If for any reason the Consultant, Cambridge eM, Inc. (CCMI), proposes a change of the RPR during the course of the project, the City reserves the right of approval of the new RPR. Oftlce space and equpment for Consultant's staff shall be provided by Consultant B. Prcconstrucdon Document and Constructability review: CCMI will review the plans and specifications. CCMI will provide a constmctability review for the project docwnents and make appropri~ recommendations to the City. CCMI witt work with and coordinate with the ArehitectiEngineers who have provided design services and win be providing Construction Administration services (under separate contracts) to avoid duplication of services. CCMI will write up the 'lnatructions to Bidders'· which will define the scope of work that must be included in each of the multiple prime contractor trade bid packages. CCMI will prepare the documentation required to ensure all the required work is included in the multiple prime contractor request bid packages and contracts. CCMI will prepare bid sheet breakdown for each bid package. CCMI will become familiar with the various City department functions and requirements for project coordination. C08124310 Amendment One Page 1 1126/2010 Schedule: CCMI will develop a master construction schedule for the project with input from the City. This schedule will be incorporated in the multiple prime contractors' IFB packages and be refined with the multiple prime coritractors selected to perform the work. The schedule will take into account the necessity to maintain all the building functions including the emergency call center, the CITY's central computer room, and Police Department. CCM! will take into account the fact that the building must remain fully occupied and functioual at all times.' All construction related activities will be plalmed to ensure scheduling of disruptive work is kept to a minimum and is performed off hoUrs. Bidding: CCMI will organize and' manage bid advertisement and contractor participation. CCMI will review the multiple prime contractor bids for completeness and compliance with the technical portions of the bid requirements as set forth in the specifications' and make a recommendation for award or rejection. CCMI will assist and manage the bid period work items including clarifications, bid evaluations, and bid compliance with contract documents. CCMI will review the prime subcontractor list for completeness and compliance with the bid documents. Budget: CCMl will work with the City to develop a budget fonnat and tracking system. CCMI will review the current budget and offer an opinion to the projected cost of work. Hazardous Material Abatement: CCMI will propose and manage a program to ensure proper hazardous materials investigations and reports are generated and followed. CCMI will assist the City to manage the abatement process to ensure compliance with all applicable laws. c. COlUtruetion Management Daily Constructi9B Managemcgrt: CCMl will coordinate and manage the day-to--day construction work performed by the multiple prime ,contractors and their sttbcontractors. CCMI will manage the process to see that City services are Dot diSlUpted and there is minimum impact to the City operations and staff., CCMI will ensure that coordination is maintained between all parties that must be made aware of daily construction activities and that good communication is maintained. CCMI will implement expeditious methods for resolving conflicts. CCM! will handle all coordination with City staff. Buildins Jnapections and Pennit: CCMI will coordinate all building inspections with the prime contractors prior to calling for inspections by the City Building Inspection division. Documentation: CCM! will prepare and/or review all necessary documentation for the project including, but not limited to, daily logs and inspection progress reports, photos/videos, Requests for Information (RFI), correspondence, shop drawings, and other contractor submittals. CCMI will maintain all files and documentation for properly managing the project. CCMI will track all RFI correspondence and submittal status. CCMI will review and comment on any project-related coaespondence as requested by the Project Manager. Routine correspondence that is related to product infonnation or C08124310 Amendment One Page 2 112612010 minor design issues may be prepared and answered by CCMI on its letterhead, with a coy of the response directed to the Project Manager and the Design Architect. Correspondence requiring City response shall be reviewed, approved, and signed by only the Project Manager. Schedule Updates and monitoring: CCMI will work with the City's Project Manager to prepare milestone dates and overall schedules for the work for use by the individual contractors to prepare individual CPM schedules. CCMI will analyze, monitor and update the master schedule as the project progresses. CCMI will analyze the schedule for logical construction, co~ level of critical activities and to verify progress in conjunction with the analysis of pay applications. CCMI will review contractors' individual CPM schedules" monitor the contractor's pro~, notify the City of any slippage and coordinate contractor recovery plans. CCMI will coordinate any construction logistics plans of the contractors. Progress Payments: CCMI will review progress payment requests submitted by multiple prime con.tmctors, within five (5) days of receipt and verify the accuracy and percentage of completion against the schedule, and resolve any discrepancies in the invoices. CCMI will review the invoices and backup for completeness and compliance with contract documents and make a recommendation to the Project Manager for payment of the progress payment requests. Cbange Order Monitoring and Processing: CCMI will review and evaluate all contractor extra worlc requests. CCMI will review the contract documents to detennine entitlement, complete an independent estimate of the cost of the changes, and reconcile with the contractor's change order request. CCMI will prepare extra scope of work authorizations for City approval and track: all scope and schedule changes. Should there be disagreements with change order validity, CCMI will implement expeditious methods for resolving conflicts. . MmmDu: Throughout the construction process, CCMI will be prepared to address comments and concerns of the construction contractors, the design arohitect and engineers, and the City's Project Manager on an as-needed basis. CCMI will set up and conduct weekly progress meetings and any other meetings neces~ to facilitate the project work. CCMI will write and distribute the meeting agendas, and meeting minutes, including: City~CM meetings, regular site meetings, and meetings with city staff, contractors, and various City departments. The meeting minutes will explicitly track who has the responsibility for each action item with expected completion dates. Miscellaneous: CCMl will review and comment on any project related correspondence if requested by the Project Manager. CCMI will address comments and concerns of the multiple prime contractors and the ArcbitectlBngineer as needed. Testing Agencies: Testing agency will be under contract with the City. CCMI will coordinate and schedule the testing agency services for materials testing and special . . C08124310 Amendment One Page 3 1/26/2010 inspections. CCMI will ensure that all required sign-offs are reviewed and distributed and are in compliance with the specifications. Quality Control and Assurance: CCMI will monitor the contractors work for any deviations in scope, schedule or perfonnance and keep the City informed of any issues that may arise. Record Drawings: CCMI will coordinate the preparation of record drawings with the contractors, Architects, and Engineers on a regular basis, both during the construction and post constnlction phases, and review the drawings for "as-built" accuracy. Iminingj CCMI will set up and coordinate contractor provided training of City staff as required by the contract documents and as necessary to ensure that the appropriate City personnel are adequately trained and familiar with the new and refurbished equipment CPouni§sioning: CCMI will manage and coordinate the commissioning of the new and refurbished equipment with the contractors and design consultants to ensure that all new and refbrbished equipment have been installed in accordance with the contract documents, are working properly as stand-alone equipment, and are working properly as part of a complete system. D. Post ConstnletioD -Close Out Recgrd DrawigSl: CCMI will coordinate the preparation of record drawings with the contractors, Architects, and Engineers on a regular basis, both during the construction ' and post construction phases, and review the drawings for "as-builf' accuracy. Close Qut: CCMI will ensure completion and delivery of all contractor required close out documentadon including operation and maintenance manuals. record drawings, and warranties. CCMI will review all these materials for compliance with the contract documents and for completeness. Any deficiencies of disci.'epancies will be reported to the City Project Manager for her information and notice will be given to the Contractor for correction. CCMI will work under the direction of the City's 'Project Manager to resolve any contract claim issues that may arise (stop work notices, bonding, delays, extra work, etc). files to City: . CCMI will consolidate and deliver all project files and documentation maintained by the Construction Manager to be retained by the City. Warranty: CCMI will coordinate correction of all defective work items that are included in the projects warranty period to repair or replace defective work. 3. DRAWINGS AND SPEClFICATIQNS C08124310 Amendment One Page 4 1126/2010 Document type and fonnat for the project are as follows: Specifications in electronic "Word--document format, drawings on CD in AutoCAD version R14 or R2000. Drawings shall be on a 36" x 48" sheet size with a scale of 1/4" = 1 '. Record Drawings to be submitted to the City: one hard copy set and soft copy on CD in AutoCAD Version 1.14 or R2000. 4. PRQJECT ADMINISTRATION Karen Smith, will be the City's Project Manager, and Philip Ciralsky, Project Engineer, will be the City's Project Engineer, unless directed otherwise by the City. All questions, correspondence and invoices will be addressed to the Project Manager at (650) 496-6973. Fax number is (650) 496-6958. All correspondence shall be addressed to the City of Palo Alto, Facilities Management Division, P.O. Box 10250, Palo Alto, CA, 94303. C08124310 Amendment One , PageS 1126/2010 lWIlIIT Ii lIME SCHEDULE -AMENDMENT '1 UVISIQN BID PACKAGE 1: (Completed) The Consultant shall complete aU Ploject and Construction Mauagement services within the term period for this agreement whieh shall be through the completion of the post construction and close out phase. CM Services are awarded for Phase I only at this time. CM Services may be extended to Phase n and TIl of the project pursuant to approval of funding for those phases, and the quality of the consultant's work is acceptable during the previous phase of the contract. BID PACKAGE 2: Amendment #1 awards CM Services for Bid Package 2. The Consultant shall complete all Project and Construction Management services within the teIm period for this agreement which shaI1 be through the completion of the post construction and close out phase. CM Services may be extended to Phase TIl (Bid Package 3) of the project pursuant to approval of funding for those phases, and the quality of the consultant's work is acceptable during the previous phase of the contract. C08124310 Amendment One Page(i 112612010 EXHIBIT c; COMtBl'ISAlImj ;gaslc Service8i The fees for this work shall include all Consultant costs necessary for providing the desired services including sub-consultant costs, reimbursables, and meetings. BID PACKAGE 1: (completed) Consultant shall provide all basic services for a not-to-exceed fee of five hundred tbree thousand two hundred eighty dollars ($503,280). Pre-Construction Construction Closeout Total Base Fee (Not-to-Exceed) Reimbursable Allowance Total Fee Not .. to-Exceed Additional Services (Not-toMExceed) BID PACKAGE 2: $75,000 $398~80 $3QJ)QQ $503,280 S14J)gQ $517,280 $52,000 Consultant shall provide all basic services on a time and materials basis in accordance with the hourly fee schedule contained below for a not-to-exceed fee of Five Hundred Seventy-One Thousand Nine Hundred Thirty Dollars ($571,930). Total Base Fee (Not-to-Exceed) Reimbursable Allowance Total Fee Not-to-Exceed Additional Services (Not-to~Bxceed) Rebnbunable Allowance: $556,680 $15.250 $571,930 $58,000 Reimbursables shall be limited to out of town travel, document reproduction costs, mailing and courier services. Mileage shall be reimbursed at the City's current standard rate. C08124310 Amendment One Page 7 1126/2010 AdditJoDal Seryiees; Consultant shall be paid on a time and material basis according to the hourly rates below, should any work: be requested by the City which falls outside the baSic services oftbis project. All additional semces work must be authorized in advance in writing by the City's Project Manager prior to accomplishment of the work:. B0JlB!dY liE SCBIg)ULE Principal SI90 Sr. Project Manager S160 Cost Estimator $165 Project Construction Manager $145 Assistant Project Manager S130 Project Engineer S120 CCM MEP Engineer $200 COS124310 Amendment One PageS 112612010 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: FEBRUARY 8, 2010 CMR: 126:10 REPORT TYPE: CONSENT SUBJECT: Appointment of 2010 Emergency Standby Council Members RECOMMENDATION: Staff recommends that the City Council approve the selection of the 2010 Emergency Standby Council as follows: • Bern Beecham • Judy Kleinberg • Dena Mossar • Peter Drekmeier • Y oriko Kishimoto • Jack Morton • John Barton DISCUSSION The Charter of the City of Palo Alto provides that "the Council may by ordinance or resolution, provide for the preservation and continuation of government in the event of disaster which renders unavailable a majority of the Council." On August 7, 2006, the City Council adopted amendments to Section 2.12.090 of the Palo Alto Municipal Code regarding the selection procedure for the City'S Emergency Standby Council. The adopted policy states that the Council shall consider the following criteria for appointments to the Emergency Standby Council: residency in the City of Palo Alto, availability, interest in serving and a lack of conflicts of interest. Seven members serve on the Emergency Standby Council. The members of the Emergency Standby Council continue to serve until the Council appoints or reappoints the members at the beginning of each year. On February 9, 2009, the Council approved the selection of the 2009 Emergency Standby Council. Due to the recent transition on the Council, there are four new proposed members to the 2010 Emergency Standby Council: Peter Drekmeier; Yoriko Kishimoto; Jack Morton; and CMR:126:10 Page 1 of2 John Barton. The three members appointed in 2009 have indicated a willingness and availability to continue serving. RESOURCE IMPACT There are no resource impacts associated with this recommendation. Funding for training of the Emergency Standby Council is incorporated in the Office of Emergency Services' budget. POLICY IMPLICATIONS The selection of the Emergency Standby Council is consistent with existing City policies. ENVIRONMENTAL REVIEW This is not a project requiring environmental review under the California Environmental Quality Act (CEQA). PREPARED BY: Kelly Morariu Assistant to the City Manager CITY MANAGER APPRO V AL: CMR:126:10 Page 2 of2 City of Palo Alto City Manager's Report FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: FEBRUARY 8, 2010 CMR:· 133:10 REPORT TYPE: CONSENT SUBJECT: APPROVAL OF A PUBLIC/PRIVATE PARTNERSHIP JOINT VENTURE AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE CARDIAC THERAPY FOUNDATION CONCERNING THE USE OF GYMNASIUM FACILITIES AND ASSOCIATED FEES FOR FACILITY USE AT CUBBERLEY COMMUNITY CENTER FOR JOINTLY SUPPORTED CARDIAC THERAPY PROGRAMS RECOMMENDATION Staff recommends that the City Council authorize the City Manager to execute the attached Short Fonn Agreement for Revenue Contract (Attachment A) as a Joint Venture partnership between the City of Palo Alto and the Cardiac Therapy Foundation of the Mid-Peninsula, Inc. (CTF). The purpose of this Joint Venture is to continue to provide essential classes, programs and services related to the Cardiac Therapy Foundation program at the Cubberley Community Center for the benefit of resident and non-resident doctor-referred participants having cardiovascular disease and other medically-related conditions. BACKGROUND For almost 40 years, the Cardiac Therapy Foundation of the Mid-Peninsula has been serving adults with cardiovascular disease or diabetes. CTF is the only non-hospital based program on the Peninsula that provides these kinds of therapeutic and educational services for persons who are at risk for heart attacks. In December 2001, the City and Palo Alto Unified School District (PAUSD) entered into a property exchange agreement (Exchange) whereby the City obtained title to eight-acres of the Cubberley site in exchange for the City'S release of its interest in the Tennan Community Center site to PAUSD. CTF sub-leased office and program space through the Jewish Community Center (JCC) at the Tennan Community Center site before moving, along with the JCC, to the . Cubberley Community Center when Tennan was converted back to a public middle school in 2003. In September 2009, the JCC relocated from Cubberley to its new campus on Fabian Way. Cardiac Therapy expressed its desire to remain at the Cubberley Community Center because of the suitability of facilities and because the City could offer availability of gym space at times that would continue current therapy classes and programs. DISCUSSION CMR: 133:10 Page 1 of3 The Community Services Department values the services Cardiac Therapy Foundation has provided our community since 1970. The program has over 200 regular participants that exercise weekly at the Cubberley Community Center under the supervision of doctors and a skilled nursing staff. In addition to the many health benefits this program provides, it also serves a very positive social benefit, which is almost as important for the participants as the physical benefits. Each participant shares a common challenge that bonds them in a special way. This bond helps motivate members to keep healthy through physical activity. Countless friendships have developed over the 40 years improving the quality of life for thousands of people. This in part is because the CTF program is not in a hospital setting but rather in a community center making it much more appealing for many of the participants. The Community Services Department has been a longtime supporter of the Cardiac Therapy Foundation and its programs. It is the desire of City staff to ensure the Cardiac Therapy Program continues to serve individuals that have suffered from cardiovascular disease and other medically-related conditions in Palo Alto at the Cubberley Community Center. The agreement is consistent with the provisions in the Public/Private Partnership Policy (Attachment B). The Joint Venture option in the Public/Private Partnership Policy is applied as CTF is an independent non-profit organization that offers much needed and appreciated services for the senior population in Palo Alto. In return the City provides CTF with gym space during low demand hours at a reduced rate. RESOURCE IMPACT Annual revenue from CTF would total $28,284.00 for the long-term use of low demand gymnasium space during weekday, morning hours at the Cubberley Community Center. ENVIRONMENTAL REVIEW Approval of the Joint Venture does not require review under the California Environmental Quality Act (CEQA), as such action does not meet the definition of "project" pursuant to California Public Resources Code Section 21065. ATTACHMENTS Attachment A: Short Form Agreement for Revenue Contracts Exhibit A: Scope of Services Exhibit B: General Conditions Exhibit C: Insurance Requirements Exhibit D: Non-Discrimination Exhibit E: Gym Use and Allocation Policy Attachment B: PUblic~ershiP Policy /7/: PREPARED BY: ~ d' :g-,--- ROBERT DE GEUS Division Manager, Recreation and Golf Division CMR: 211:06 Page 2 of3 DEPARTMENTHEAD: __ ---:::.... /J-""/-~-_/"_/-,-~~-f-;,-C-=~~----~c?nEWS~ Interim Director, Community Services Department CITYMANAGERAPPROVAL:~~-~ .~~ City Manager CMR: 211:06 Page 3 of3 Attachment A .' See next page for Forms and Instructions: PURCHASING GUIDE -ApPENDIX L 0073275 t; ( ! ; I '\ PAGE 1 0'+ ) '. THIS AGREEMENT IS MADE AND ENTERED INTO ON , 2010, BY AND BETWEEN THE CITY OF PALO ALTO (the "CITY") AND THE CARDIAC THERAPY FOUNDATION OF THE MJDPENINSULA, INC. ("CONTRACTOR"), 4000 Middlefield Road, Suite G-8, Palo Alto, CA 94303-4739;. (650) 494-1300;. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: • CONTRACTOR SHALL PROVIDE OR FURNISH THE SERVICES AS SPECIFIED IN THE EXHIBITS IDENTIFIED BELOW: • EXHIBITS: THE FOLLOWING EXHIBITS ARE HEREBY ATTACHED AND MADE PART OF THIS AGREEMENT: AGREEMENT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED A. Scope of Services B. General Conditions C. Insurance Requirements D. Certificate of Nondiscrimination- E. Gym Use and Allocation Policy F. Will Contractor be working with minors? Yes_ No _X_ If YES, include Eligible to Hire form and proof of negative TB test. • TERM: THE SERVICES FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON OCTOBER 1, 2009 AND SHALL BE COMPLETED ON OR BEFORE SEPTEMBER 30,2010. • COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT AND THE PROVISION OF FACILITIES AND SERVICES: CONTRACTOR SHALL PAY CITY: a sum not to exceed Twenty Three Thousand, One Hundred dollars ($23,100) per year, payable monthly at the rate of One Thousand Nine Hundred Twenty-Five dollars ($1925.00) within five (5) business days after the beginning of each month within the above Term. • PAYMENT RECORD (DEPARTMENT USE PAGE 3) • CITY ACCOUNT NUMBER: COST CENTER GLACCT PROJECT IINTERNAL ORDER PHASE NO. DOLLAR AMOUNT • GENERAL TERMS AND CONDITIONS ARE INCLUDED ON ALL PAGES OF THIS AGREEMENT. HOLD HARMLESS. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its Council Members, officers, employees, and agents from any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR'S, its officers', directors', employees' or agents' negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in ~ the performance of or failure to perform this Agreement by CONTRACTOR. i EJI,'TIRE AGREEMENT. This Agreement and the_exhibits represent the entire Agreement between the parties with respect to the services that are the i : subject of this Agreement. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded herebY'~' -\ \ PURCHASING GUIDE -ApPENDIX L 0073275 PAGE 2 OF 4 ! \ THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY THE CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE. • PROJECT MANAGER AND ~ATIVE FOR THE CITY ~"~--. ...., ~ ... NAME Shia Geminder // -rl-' , DEPT Recreation P.O, BOX 10250 PALO ALTO, CA 94303 Telephone 650-329-2639 CONTRACTOR ~.Jt4 X't: $v2 SOCIAL SECURITY ,c//Y tJJ'< LZ/,;,f OR I.R.S. NUMBER U -/(C. • PAYMENTS SEND ALL PAYMENTS TO THE CITY, ATTN: PROJECT MANAGER • CITY 0 F P ALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW) CITY DEPARTMENT Funds Have Been ,. I>x ~'/'/' ...-----l>ludgeted .' c. '-r~ (I APPROVAL OVER $25,000 CITY OF PALO ALTO BY: __ --==:-:-:-==:=-:-___ _ CITY ATTORNEY PURCHASING GUIDE -ApPENDIX L 0073275 PURCHASING & CONTRACT ADMINISTRATION INSURANCE RE~8t.M1 (2) ATTEST: BY:_----=--:-:-:-=,--__ _ MAYOR APPROVAL OVER $25 000 CITY CLERK f; I, , . \ PAGE 3 o~~ . , \ 1 CITY OF PALO ALTO GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. This Agreement consists of and includes the terms and conditions in the pages of this Short Form Agreement for Revenue Contracts and any exhibits referenced herein. B. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. C. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment between the CITY and CONTRACTOR. At all times CONRACTOR shall be deemed to be an independent contractor and CONTRACTOR is riot authorized to bind the CITY to any contracts or other obligations. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of the CITY. D. INSURANCE. CONTRACTOR agrees to provide the insurance specified in the "Insurance Requirements" form, attached hereto as Exhibit C, or such other insurance as is acceptable to the CITY as evidenced by a Certificate of Liability Insurance provided by CONTRACTOR's insurance carrier or broker. In the event CONTRACTOR is unable to secure a policy endorsement naming the City of Palo Alto as an additional insured under any comprehensive general liabil ity or comprehensive automobile policy or policies, CONTRACTOR shall at a minimum, and subject only to the written approval of the CITY's Risk Manager or designee, cause each such insurance policy obtained by it to contain an endorsement, providing that the insurer waives all right of recovery by way of subrogation against the CITY, its officers, agents, and employees in connection with any damage, claim, liability personal injury, or wrongful death covered by any such policy that is the sole fault of CONTRACTOR or its directors, officers, employees or agents. Each such policy obtained by CONTRACTOR shall contain an endorsement requiring thirty (30) days' prior written notice from the insurer to the CITY before cancellation or reduction in the coverage or limits of such policy shall become effective. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the CITY's Risk Manager, together with evidence of payment of premiums, to the CITY at the commencement of this Agreement, and upon the renewal of the policy, or policies, not later than twenty (20) days before the expiration of the terms of any such policy. E. TERMINA nON/SUSPENSION. The City Manager may suspend the performance of this Agreement, in whole or in part, or terminate this Agreement, by giving thirty (30) days' prior written notice thereof to CONTRACTOR, but any such notice will be given only for an uncured breach of any material obligation hereunder by CONTRACTOR, after a commercially reasonable time has been provided to CONTRACTOR to cure such breach following written notification thereof to CONTRACTOR. Except as provided in Exhibit B, at least six (6) months' notice will be provided by the CITY for any change of schedule or space availability for morning (non-prime time) classes and programs, provided further, however, that no change in evening (prime time) or morning (non-prime time) scheduling can be made by the CITY during the term of the Agreement. The CITY does not guarantee to provide CONTRACTOR with any notice beyond any notice that is provided for the regular annual space allotment for evening (prime-time) classes and programs. Upon receipt of such notice, CONTRACTOR shall discontinue its performance as of the date of scheduling change that complies with the above notification period and the compensation to the CITY as set forth herein shall be decreased in proportion to the reduction in CONTRACTOR's prime-time and/or non-prime time scheduling. The rights of the CITY under this section to suspend or terminate this Agreement shall be in addition to any and all rights or remedies the CITY may have available to it under the law, in the case ofa breach of this Agreement by CONTRACTOR. F. ASSIGNMENT. This Agreement shall not be assigned or transferred without the written consent of the CITY, acting in its sole discretion. No changes or variations of any kind are authorized without the written consent of the City Manager or his or her designee. G. AUDITS. CONTRACTOR agrees to permit the CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONTRACTOR'S records pertaining to matters covered by this Agreement. CONTRACTOR further agrees to maintain such records for at least three (3) years after the term of this Agreement has expired or is terminated. PURCHASING GUIDE -ApPENDIX L 0073275 H. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by the CITY shall operate as a waiver on the part ofihe CITY of any of its rights under this Agreement. I. CITY'S PROPERTY. Title to the CITY's property, if any, that are furnished to CONTRACTOR shall remain in the CITY. CONTRACTOR shall not alter or use any such property for any purpose, other than as specified by the CITY, or for any other person without the prior written consent of the CITY. CONTRACTOR shall store, protect, preserve, repair and maintain such property in accordance with sound professional practice, all at CONTRACTOR's sole cost and expense. J. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement on account of the race, color, national origin, age, ancestry, religion, sex or other specified attributes or characteristics of such person. CONTRACTOR agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing and slgnmg the Certificate of Nondiscrimination, attached hereto as Exhibit D. K. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the California Labor Code, which may require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and certifies that it will comply with such provisions before commencing the performance of the work of this Agreement. L. PRICE TERMS. Extra charges, invoices and payment. No extra charges of any kind will be allowed, unless they are specifically agreed to, in writing, by the CITY, except as required by the CITY's Municipal Fee Schedule or other applicable laws. All state and federal excise, sales and use taxes shall be stated separately on the invoices. M. SCHEDULES OR DELIVERY. Time is of the essence of this Agreement. CONTRACTOR agrees to comply with the specific schedule provided by the CITY or agreed upon herein without delay and without anticipating the CITY'S requirements. CONTRACTOR also agrees not to make material commitments or schedul ing arrangements in excess of the required amount or in advance of the time necessary to meet the schedule(s) of this Agreement, if any. ~' PAGE 4 0' 4 \I)~ " EXHIBIT A -SCOPE OF SERVICES CONTRACTOR SHALL: As a formally declared "joint venture" partner of the CITY, CONTRACTOR shall provide classes, programs and services related to its program for the benefit of resident and non-resident doctor- referred participants having cardiovascular disease and other medically-related conditions. In the provision of these therapeutic services, CONTRACTOR shall: (1) Abide by the policies/procedures established by the CITY and the CITY'S Recreation Division of the Department of Community Services for the use of the CITY's facilities, equipment, furniture, and other Gym A elements. These shall include, but are not limited to, the City of Palo Alto Injury and Prevention program, Operations Manual, Safety Procedures and Guidelines, and Building Emergency Procedures. (2) Obtain, supervise, and pay all necessary related fees for the services of all professional assistance needed to produce such programs operated by it. (3) Pay all fees and costs for materials, supplies and other fees and expenses connected with said programs. (4) Collect from program participants fees set by CONTRACTOR for all services rendered by it. CONTRACTOR shall set its own fee schedule and shall provide the CITY with a copy of its program and class fee schedule. (5) Be solely responsible for the control and supervision of all program activities and personnel connected therewith and shall notify all personnel of their obligations and responsibilities pertaining to their program area. CONTRACTOR will have primary responsibility for building security when CONTRACTOR is occupying the CITY's facilities. (6) Accommodate other uses of the Gym facility, including, but not limited to, Gym A and the lobby during periods of non-use of the programs. The ·CITY shall notify CONTRACTOR of such other uses. CONTRACTOR shall provide persoimel for any moving of CONTRACTOR'S equipment. (7) Also designate as its Project Director or his/her designee (the "Project Director") for the term or duration of this Agreement an employee or subcontractor to manage or supervise on behalf of CONTRACTOR, including production, and served as CONTRACTOR'S liaison with the CITY's Project Manager or his/her designee (the "Project Manager") in all matters relating to the CITY in any manner. (8) Exercise safe practices in the use of the CITY's facilities and equipment, maintain and clear work areas, and within 24 hours of an incident, report in a form to be provided by the CITY, such information regarding the incident. Immediately report to the Project Manager on the same form any breakage, malfunction, deterioration or loss of any of the CITY'S resources. CONTRACTOR shall not attempt to repair any of the CITY's equipment used by CONTRACTOR in accordance with this Agreement. CONTRACTOR shall immediately discontinue any activity whenever an unsafe or dangerous condition is deemed to exist. CONTRACTOR shall train and supervise its staff and volunteers on safe practices and adhere to the CITY'S safety procedures and guidelines. If, in the opinion of any duly authorized CITY employee, CONTRACTOR is conducting an activity in "an unsafe manner, CONTRACTOR or its agents shall be informed and shall immediately discontinue such activity until such activity is able to be conducted in a safe manner approved by the CITY's staff .. 0073276 (9) Promote and publicize all of its programs, and shall print in all publicity, including, but not limited to, publications, mailings, flyers, posters, brochures, programs, and paid or public service advertising, the statement, "In cooperation with the City of Palo Alto Community Services Department." In conformance with the Americans with Disabilities Act of 1990 (ADA) guidelines and requirements, CONTRACTOR shall bear responsibility for providing appropriate auxiliary aids and services where they are necessary to achieve an equal opportunity to participate in and enjoy the benefits of classes and programs of CONTRACTOR under this Agreement. Newly printed programs shall include the following statement required by the ADA: "Persons with disabilities who require information on 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: ADA Coordinator, City of Palo Alto, 650-329-2550 (Voice) or adacityofpaloaIto.org (Internet)." (10) Continue to exist as an independent, non-profit corporation under the laws of the United States and the State of California. Any changes in CONTRACTOR's Articles of Incorporation, By-Laws, or tax-exempt status shall be reported by CONTRACTOR immediately to the Project Manager. Not more than twenty-five percent (25%) of the persons serving on the governing board of CONTRACTOR may be interested persons. An "interested person" means any person currently being compensated by CONTRACTOR for services rendered to it, whether as a full or part-time employee, independent contactor or otherwise, but excluding any reasonable compensation paid to a director for services rendered in the capacity of a director. (11) Submit all new signs or displays to be located on the Cubberley premises to the Project Manager for approval. Inside the Gym, no display materials may be permanently placed by CONTRACTOR upon walls. A display may only be placed in a manner that all fasteners thereto can be removed at the time that any such display will be taken down. (12) Assure that Gym A, hallways and outdoor areas adjacent to the Gym will be cleared and clean, and that scenery, properties, and other program equipment will be disassembled and stored, to the Project Manager's satisfaction, within 30 minutes after the end of the last class of the day or in accordance with a time schedule mutually agreed upon by the parties' designated representatives. The Gym shall always be returned to its basic set-up as established by the Project Manager, unless there is a mutual understanding with the incoming group, which agrees to perform this duty, which has been approved by the Project Manager. (13) Leave all spaces clear, clean and orderly at the end of each use. The Gym and foyer are to be cleared of all materials, except Gym equipment, after each daily use. Trash and recycling are to be removed from all areas daily. Recyclables are to be put in the recycling carts near the trash dumpster and garbage and trash are to be put into the dumpster. CONTRACTOR is required to reduce waste, reuse and recycle per the CITY's Zero Waste Plan. Office space and hallways are to be kept continually clear, clean and orderly and neither space shall be used for the purpose of equipment storage. Materials may not be left or stored any place out-of-doors overnight or when unattended by CONTRACTOR personnel. (14) Enforce current regulations as established by the CITY with regard to any smoking, eating and drinking in the CITY's facilities. CONTRACTOR shall provide staff and/or volunteers, who will enforce such regulations. Smoking is not permitted inside any CITY facility. Except as may be permitted by applicable law, no person shall bring any animal into the Gym. This regulation shall not apply to service animals assisting individuals with disabilities or to animals in training to become service animals. CONTRACTOR shall clean up all food and drink containers daily after use. 0073276 2 (15) Observe all provisions of this Agreement when it is using the CITY's facilities, including· Gym A. This shall include cleaning the rooms, returning tables and chairs to their initial locations, and depositing all trash and recycling in the appropriate receptacles. (16) Comply with the CITY's TB test requirement for employees and volunteers of CONTRACTOR at any time the CITY's Risk Manager deems it necessary for minors. (17) Comply with the CITY's sound ordinance levels for any outdoor activities. (18) Pay Building Attendant fees as set forth in the Municipal Fee Schedule for any Attendants who may be required for the use of the CITY's facilities. All building use policies must be adhered to for any CITY facility use by CONTRACTOR. (19) In accordance with the terms of the CITY's Gym Use and Allocation Policy (Exhibit E), CONTRACTOR shall abide by the folIowing class schedule in Gym A (non-prime time use): Monday 7:00 am to 12:00 pm (Classes 7:30 am to 11:45 am) Tuesday 6:30 am to 8:30 am (Classes 7:00 am to 8:00 am) Wednesday 7:00 am to 12:00 pm (Classes 7:30 am to 11 :45 am) Thursday 6:30 am to 12:00 pm (Classes 7:00 am to 11 :45 am) Friday 7:00 am to 9:00 am (Classes 7:30 am to 8:30 am) Saturday 6:30 am to 8:30 am (Classes 7:00 am to 8:00am) In addition, in accordance with the terms of the CITY's Gym Use and Allocation Policy (Exhibit E) Gym A or other suitable facilities, as may be determined by the Project Manager and the Project Director, CONTRACTOR shall abide by the following class schedule in Gym A (prime-time use): Monday 5:00 pm to 7:00 pm (Classes 5:30 pm to 6:30 pm) Tuesday 5:00 pm to 7:00 pm (Classes 5:30 pm to 6:30 pm) Wednesday 5:00 pm to 7:00 pm (Classes 5:30 pm to 6:30 pm) Thursday 5:00 pm to 7:00 pm (Classes 5:30 pm to 6:30 pm) This schedule shall be inclusive of all time necessary to set-up and to take-down the equipment necessary to run the class or program and for necessary clean-up. The CITY anticipates CONTRACTOR may operate its classes and programs 52 weeks per year, If CONTRACTOR does not intend to use any of the CITY's facilities during any portion of the year, the Project Director shall inform the Program Manager of any planned vacation or other non-use period relating to the CITY facilities. . (20) Provide staff oversight for every class or program whenever the public is in attendance. CONTRACTOR shalI permit only persons who have been trained in medical emergency, safety and use procedures to supervise cardiac therapy programs. Staff must be available to assist participants under all circumstances and must be aware of and able to assist disabled persons. The Project Director must also be available to assist in emergency situations throughout the entire program until participants have left the premises. Staff must ensure that wheelchairs, walkers, etc. are not blocking any of the aisles or exits. (21) CONTRACTOR-owned materials will remain the property of CONTRACTOR, and shall be removed from Gym A at the conclusion of the program in which the materials and equipment are used. The Project Manager may, on a case-by-case basis, authorize exceptions, in writing, for that occasion only, except as may be otherwise stated. All office equipment and/or exercise equipment 0073276 3 purchased and owned by CONTRACTOR will remain the private property of CONTRACTOR, and the CITY assumes no responsibility or liability for the loss or maintenance of such materials. All equipment, instruments and any other materials rented, borrowed or owned by any subcontractor, agent or person for CONTRACTOR is the responsibility of CONTRACTOR and/or its subcontractors, and the CITY assumes no responsibility or liability for its maintenance or loss. (22) Be required to replace or have repaired by factory authorized technicians CITY -owned equipment or materials identified by the Project Manager as property that is lost, damaged or destroyed by an agent of CONTRACTOR while the same was in the possession of CONTRACTOR. A written report must be made by CONTRACTOR on a CITY form, whenever CITY equipment is lost, damaged, or destroyed by CONTRACTOR. (23) May use Gym facilities and equipment only for productions expressly covered under this Agreement. Exceptions may be considered by the Project Manager upon the receipt of CONTRACTOR's written request at least fifteen (15) days prior to the date needed and, if granted, will be approved, in writing, by the Project Manager. (24) Shall not in any way modify the CITY's facilities and may not install or attach anything in, to or on the CITY's facilities without having first submitted a written request to, and obtained the approval of, the Project Manager. Any violation shall result in CONTRACTOR being charged for all repairs necessary to restore the facility to its original condition and any additional costs pertaining to the restoration of the CITY's property. (25) Shall immediately report to the City of Palo Alto police any incidents of a criminal or suspicious nature occurring on the CITY's property and notify the Project Manager within 12 hours. If the initial notification is given verbally, then it must also be submitted, in writing, to the Project Manager on the form provided. (26) The doors to Gym A and foyer, as well as any other exterior access doors to any area of the Cubberley Gym, shall not be left open, unlocked or with the locking mechanism disabled at any time, when the immediate area secured by the door is unoccupied by CONTRACTOR. (27) Must fill out a CITY Report of AccidentIProperty Damage report for any and all accidents, injuries or property damage, if a CITY employee is not present to fill out the report. (28) Shall avoid the use of "disposables" containers and refrain from using Styrofoam™ and other plastic containers that are used for food/beverage service. Reusable food/beverage service ware should be utilized by CONTRACTOR to the maximum extent practicable. Where a reusable food/beverage service option is not available, CONTRACTOR shall choose items that are recyclable. (29) CONTRACTOR shall comply with all applicable federal, state and local laws at all times during the term of this Agreement. . 0073276 4 EXHIBIT B -GENERAL CONDITIONS THE CITY SHALL: (1) Allow CONTRACTOR the use of Gym A as scheduled in Exhibit A, Subsection 19 for the preparation and presentation of CONTRACTOR's classes and programs to be performed under this Agreement. Any use of the CITY's facilities other than that those listed in this Agreement that are necessary to carry out CONTRACTOR's rights under this Agreement must be scheduled through and approved in advance by the Project Manager. No class shall begin earlier than 7:00 a.m. or shall end later than 6:30 p.m. In no event shall CONTRACTOR conduct other activities, or otherwise occupy the CITY's facilities outside of the designated hours, unless the prior written permission of the Project Manager is obtained. CONTRACTOR shall observe all facility security rules and regulations as established by the CITY. The City will provide lighting, door locks and supervision of facilities to help ensure the safety and security of used gyms, walkways and other facilities. (2) Additional use may be provided, as specified in Exhibit A above, however, priority use of the Gym will always be given to programs and classes that are covered by contracts with the CITY. The CITY will not be responsible for obtaining additional space, but it may assist in locating other CITY spaces and may act as co-sponsor for use of the CITY's facilities under appropriate circumstances. The CITY reserves the right to allow other uses of space that are not in actual, scheduled use by CONTRACTOR. (3) Allow CONTRACTOR to use all operational equipment in the CITY'S Gym A inventory as requested by CONTRACTOR and approved by the CITY. CONTRACTOR accepts the CITY's equipment in their "as is" condition, and CONTRACTOR will be responsible for ensuring that sllch equipment is llsed and maintained in a safe condition and is returned in working condition, normal wear and tear excepted, at the conclusion of its use or of the program. (4) Monitor all aspects of the program relative to safety. If the Project Manager deems that any procedure to be followed by CONTRACTOR is unsafe, then the Project Manager has the authority to immediately cause CONTRACTOR to stop implementing such procedure. The CITY shall not interfere, however, with the medical management or supervision of any program participant. (5) Provide maintenance of the CITY's facilities and equipment. The CITY shall respond with reasonable speed to make necessary repairs hereunder. The CITY retains the right to close the building for maintenance or repairs, including, but not limited, to the refinishing of floors, with adequate notice to the Project Director. The CITY will be responsible for providing maintenance of the fixtures, lights, bleachers and other appliances for the use of CONTRACTOR' and program participants. The CITY will also be responsive to reports of broken locks, doors, windows, heating equipment or water fountains for the security and safety of CONTRACTOR and program participants. The CITY will provide janitorial services necessary to clean facilities and restrooms for the benefit ofthe program participants. (6) Have the right to, without notice, suspend this Agreement in the event of a force majeure or otherwise if the CITY's Gym A or other building should be declared uninhabitable for reasons of safety by the proper authorities (e. g., if the building should be damaged in an earthquake and be declared unsafe for occupancy). If there is an outbreak of pandemic flu or other medical emergency and places of public gatherings are closed, the CITY will not assume any financial responsibility for loss of revenue by CONTRACTOR. If the Gym A and ancillary facilities are not available for use 0073276 5 i t, due to earthquake, other disaster, or safety related issues, the CITY will not assume any financial responsibility for loss of revenue by CONTRACTOR. PROGRAM FEES (1) CONTRACTOR shall set fees for their classes, will collect the fees directly from program participants, and shall retain all proceeds from the class and program fees. (2) CONTRACTOR may request the CITY's permission to add classes and programs, consistent with the constraints, express or implied, of the Gym Use and Allocation Policy, in response to public need. CONTRACTOR shall be required to pay regular hourly rates and pay for any and all added classes and/or programs at fees set forth in the CITY'S Municipal Fee Schedule (Regular weekly, non-profit rate is subject to a discount that may be authorized by the Director of the Community Services Department). GENERAL UNDERSTANDINGS (1) CITY. The Division Manager, Recreation Division is designated as the Project Manager for the CITY, who shall render overall supervision of the progress and performance of this Agreement by the CITY. All services to be performed by the CITY under this Agreement shall be managed under the overall supervision of the Project Manager. CONTRACTOR shall collaborate with the Project Manager in all matters dealing with the CITY's policies, facilities, equipment and other CITY departments outside of the Cubberley Community Center. (2) CONTRACTOR. CONTRACTOR shall assign a Project Director, who shall have overall responsibility for the progress and execution of this Agreement by CONTRACTOR. Should circumstances or condition subsequent to the execution of this Agreement require a substitute Project Director, CONTRACTOR shall notify the CITY immediately of such occurrence. The Project Director shall be responsible for all actions of CONTRACTOR, including its staff. The Project Director shall also be responsible for all communications and information that are delivered to and obtained from the CITY and CONTRACTOR'S personnel. (3) ACCESS. CONTRACTOR shall not prevent the Project Manager, facility maintenance personnel, and others specifically designated by the Project Manager from gaining unfettered access to the Gym facilities. The Project Manager and others specifically designated by the Project Manager shall attempt to coordinate such access, if possible. (4) SPECIFIC SERVICES. CONTRACTOR shall provide all specified services as set forth herein, for the production of classes and programs as listed in and on the dates specified in Exhibit A. (5) The term "fiscal year" shall mean July 1 to June 30, although CONTRACTOR is not required to use the same period for its own record-keeping and reporting purposes. . (6) The term "days" shall mean calendar days. (7) CONTRACTOR represents that it is qualified to furnish its services as described in this Agreement, and it shall be responsible for the performance of this Agreement. FISCAL RESPONSIBILITIES OF CONTRACTOR (1) Fiscal Agent. CONTRACTOR shall appoint a fiscal agent, who shall be responsible for the financial and accounting activities of CONTRACTOR, including the receipt and disbursement of CONTRACTOR's funds. CONTRACTOR shall provide the CITY with the name of a fiscal agent and notify the Project Manager within 24 hours of any changes occurring during the term of this Agreement. CONTRACTOR shall have sole responsibility for the safekeeping of its class and program receipts and monies. 0073276 6 (2) Financial Record. In support of its system of accounts, CONTRACTOR shall maintain complete and accurate records of all financial transactions, including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, and bank statements. These records shall be made available to the CITY upon request subject to applicable laws relating to the privacy rights of program participants. PROGRAM REPORTS AND RECORDS (1) Production Reports. CONTRACTOR shall keep accurate records of and shall file with Project Manager any and all Program Reports within thirty (30) days following the end of each class term period, listing the number of classes and/or programs, and the number of program participants (identified separately as resident and non-resident participants). CONTRACTOR shall make every reasonable effort to supply such other information as the Project Manager and/or City Auditor may request subject to applicable laws relating to the privacy rights of program participants. On reasonable notice and with reasons specified, CONTRACTOR shall grant the Project Manager and/or City Auditor access to all of CONTRACTOR's records relating to this Agreement, including program records, data, statements, and reports. (2) Evaluation of services. CONTRACTOR shall furnish all data, statements, records, information, and reports requested by the CITY to monitor, review, and evaluate the performance of CONTRACTOR'S services hereunder. '(3) A copy of CONTRACTOR'S most recently filed California State Tax Form 199, "California Exempt Organizations Annual Information Return," must be filed with the Project Manager within fifteen (15) days of the date on which it is required to be submitted to the State of California, and it shall also be attached to this Agreement prior to final approval of this Agreement. CORRECTIVE ACTION REQUIREMENT Notwithstanding the requirements of this Agreement, in the event the CITY should determine from any source, including, but not limited to, reports submitted by CONTRACTOR under this Agreement or any evaluation report from any source, that there is a condition which requires correction, the CITY may forward to CONTRACTOR a request for corrective action. Such request shall indicate the nature of the condition(s) or issue(s), which require(s) corrective action and may include a recommendation as to appropriate corrective action. Within fifteen (15) days of the CITY'S request, CONTRACTOR shall submit its response which shall include its position on the matter and proposed action, if any. Upon the request of either party, the parties shall meet within five (5) days thereafter to discuss the CONTRACTOR's position and proposed corrective action. CONTRACTS WITH OTHER AGENCIES CONTRACTOR agrees not to enter into any contract with another person or agency that will materially interfere with or inhibit the full performance of the services to be provided by CONTRACTOR under this Agreement. CONTRACTOR agrees to terminate as soon as legally feasible any contract which will materially interfere with or inhibit the full performance of the services to be provided by CONTRACTOR to the CITY under this Agreement. Nothing herein is intended to prohibit CONTRACTOR from applying for, and receiving, supplementary funding from other than CITY sources, provided that any agreement required for such funding does not materially interfere with or inhibit the full performance of the services to be provided by CONTRACTOR under this Agreement. 0073276 7 SUBCONTRACTORS AS EMWLOYEES CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the . services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized by the CITY as an independent contractor, as such subcontractor shall be deemed to be an employee of CONTRACTOR, and CONTRACTOR agrees to be responsible for their subcontractor's performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees, participants, volunteers, and subcontractors, if any, and shall keep the work under its control. INTOXICATION CONTRACTOR shall be responsible for any injuries, liabilities, loss or damage caused by any of its employees, agents, subcontractors, or volunteers who are present on CITY property and are under the influence of alcohol, drugs, hallucinogens or narcotics, whether or not legally prescribed. CONTRACTOR as well as the CITY shall not permit any of CONTRACTOR'S employees, agents, subcontractors, or volunteers discovered to be under the influence as described above from remaining in and using any CITY facility contemplated by this Agreement. The CITY reserves the right to deny any such person the right to enjoy further participation in contracted activities. The consumption of alcoholic beverages and the use of illegal drugs by any person working for CONTRACTOR, whether that person is paid or is a volunteer, shall be expressly prohibited. This includes all staff of CONTRACTOR while they are present at the Cubberley Community Center or any other CITY facility in connection with this Agreement. 0073276 8 EXHIBIT C -INSURANCE REQUIREMENTS CONTRACTOR, AT ITS SOLE EXPENSE, SHALL DURING THE TERM OF THIS AGREEMNET OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH A BEST'S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH THE CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW OR AS OTHERWISE ACCEPTED BY THE CITY'S RISK MANAGER' MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY NO AUTOMOBILE LIABILITY (NO STATUTORY VEHICLES OWNED OR OPERATED) BODILY INJURY $1,000,000 $1,000,000 YES COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL PROPERTY DAMAGE $1,000,000 $1,000,000 INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 AND FIRE LEGAL LIABILITY COMBINED. BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 COMPREHENSIVE AUTOMOBILE -EACH OCCURRENCE $1,000,000 $1,000,000 NO LIABILITY, INCLUDING, OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY DAMAGE, $1,000,000 $1,000,000 COMBINED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND YES OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER. AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS SUBCONSUL TANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY· AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAYS' ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLA nON; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY II. SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND IV THROUGH V, BELOW. A. NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER): B. NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER: C. POLICY NUMBER(S): ______________________________ _ 0073276 9 D. DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL): III. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AND PROPOSER'S SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN, EXCEPT TO THE EXTENT SUCH LOSS OR DAMAGE IS CAUSED BY THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES. IV. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF TIlE ADDITIONAL INSURES. B. CROSS LIABILITY THE NAMING OF MORE TI-IAN ONE PERSON, FIRM, OR CORPORATION AS AN INSURED UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANY OTHER PERSON, BUT THIS ENDORSEMENT, AND TIlE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CAN CELLA TION. v. THE CITY'S RISK MANAGER HAS HAD THE OPPORTUNITY TO REVIEW CONTRACTOR'S GENERAL LIABILITY INSu:RANCE COVERAGE AND HAS FOUND THAT, AS OF THE DATE HEREOF, IT MEETS TIlE ABOVE REQUIREMENTS: 0073276 THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE SAME SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER'S INFORMATION FORM. Finn: Signature: Name: Signature: Name: NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 10 { I I . r· , \ .. i I I' I \ CARDTHE-01 JETO ACORDC CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/vYYY) ~ 1/13/2010 PRODUCER License # #0269629 (209) 576-2808 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Micheletti & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4317 Northstar Way ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite B Modesto, CA 95356 INSURERS AFFORDING COVERAGE NAIC# INSURED Cardiac Therapy Foundation INSURER A: Western World Insurance Co 4000 Middlefield Road, Suite G·8 INSURER B: Federal Insurance Company Palo Alto, CA 94306-INSURERC: INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Irf~ ~~~ TYPE OF ''''''liRa'''''!' POLICY NUMBER Cfi-JCY EFFECTIVE ~~~lfY EXPIRATION LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCiAl GENERAL LIABILITY NPP1248020 11/912009 11/9/2010 ~~~~~~J?E~~~~~~nce) $ 100,OOe =tl CLAIMS MADE [KI OCCUR MED EXP (Anyone person) $ 5,OOe PERSONAL & ADV INJURY $ EXCLUDED - GENERAL AGGREGATE $ 2,OOO,Ooe - -3fl'l AGGREGATE LIMIT APnS PER: PRODUCTS· COMP/OP AGG $ EXCLUDED X POLlcYD~~R': LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -$ ANY AUTO (Ea accident) t-- t--ALL OWNED AUTOS BODilY INJURY (Per person) $ SCHEDULED AUTOS t-- t--HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) t-- i--PROPERTY DAMAGE (Per accidenl) $ ~AGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ -P OCCUR 0 CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION -' T~~~I~J#s I IOJ~-AND EMPLOYERS' LIABILITY Y' N ANY PROPRIETORlPARTNERlEXECUTIVE0 E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ II yes. describe under SPECIAL PROVISIONS below E.L. DISEASE· POLICY LIMIT $ OTHER B Directors & Officers Liability 8152-9522 4/5/2009 4/5/2010 Limit $1,000,000 B Directors & Officers Liability 8152-9522 4/5/2009 4/5/2010 Deductible $5,000 DESCRIPTION OF OPERATIONS 'LOCATIONS' VEHICLES' EXCLUSIONS ADDEO BY ENDORSEMENT' SPECIAL PROVISIONS Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLlCtES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Information Only NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL -IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, tTS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I ~~~~ ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT D-CERTIFICATE OF NONDISCRIMINATION As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. 1. If Proposer is Il\lJ)IVIDUAL, sign here: Date: '------Proposer's Signature Proposer's typed name and title 2. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the Joint Venture's shall sign here: Partnership or Joint Venture Name (type or print) Date: _____ _ Member of the Partnership or Joint Venture signature Date: ------Member ofthe Partnership or Joint Venture signature 3. If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: The undersigned certify that they are respectively: 1Ae4-t-;;;nJL and),;!' ~-ft< 5r c~/- Pritle' Title Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary's certificate of authorization) for and on behalf of the below named CORPORA TION, and that they are authorized to execute same for and on behalf of said CORPORATION. \' /ie & ~~ Jf:&~~ _'/~~1~~~~~' Corporation Name (type or h ) /. . 0073276 11 r' I ! : . f ~. \ I \ '-i-.. I ' \J ~::......lL::;""+-L....>.....;~"-f--Jl~'------:=--=~-----Date: By: Date: -~~~~~~~==~~---- Title: -~~~~~~~-------- 0073276 12 EXHIBIT E -GYM USE AND ALLOCATION POLl CY City of Palo Alto Cubberley Community Center Gymnasium Use Policy The City of Palo Alto adopts the Cubberley Community Center Gymnasium Use Policy (and the procedures adopted hereunder, collectively, the "Policy") in order to ensure that the City-owned, -maintained and -managed gym facilities located at the CubberJey Community Center (the "Center"), which include the Pavilion, Gym A and Gym B (the "Gyms"), are utilized for recreational, athletic, cultural, educational, social and community service functions meeting the needs and interests of the community, and ensure that permitted users are fully informed as to the City's guidelines that govern the use of the Gyms. Purpose: • To strive to provide Palo Alto residents with an opportunity to participate in their activities of choice. • To establish policies and procedures governing the use of the Gyms. • To ensure Palo Alto residents have priority access to the Gyms. • To provide diverse activities reflecting the recreational preferences of Palo Alto residents. • To contribute a proportionate amount of the Gyms' usage time to regional organizations in which Palo Alto residents participate. • To collect fees for the use of the Gyms in support of their ongoing maintenance and repairs. • To ensure that decisions regarding the Gyms are used in the best interests of the neighborhoods, recreational organizations, and residents of Palo Alto. • To ensure that appropriate activities are permitted in the appropriate gym facility. A Facility Use Permit is required for any and all organized use of any of the Gyms. The use of any of the Gym facilities requires the making of an advance reservation and is subject to fee, security deposit and insurance requirements. See Exhibit A for the details of the various Gyms at the Center. I. Gym Use Permits: A permit to use any of the Gyms will be considered according to the annual Gym Use permit application processing schedule. Gym space usage will be awarded on a priority basis. After the requests are processed on a priority basis, the Gyms then will be made available for use to non-priority basis requests. To apply for a Gym Use permit, an applicant must submit a Facility Use Application and Permit to the Center's staff for approval. The Facility Use Application and Permit form can be obtained online at www.cityofpaloalto.org/cubberley or it may be obtained in person at the Center, located at: 4000 Middlefield Rd. #T2, Palo Alto, CA. II. Facility Use Permit Filing Deadline: • The Facility Use Application and Permit form must be submitted to the Center by March 1 sl of each year in order to be considered for the right to use any of the Gyms, commencing during the following academic year: September to August. III. Prime Time HourslNon-Prime Time Hours: • "Prime Time" hours are defined as Monday -Thursday, 3:00 p.m. to 9:00 p.m.; Saturday, 8:30 a.m. to 5:00 p.m.; and Sunday, 9:00 a.m. to 4:00 p.m. • "Non-Prime Time" hours are defined as all hours that are not defined as "Prime Time" hours. IV. Eligibilitv for Prime Time Hours Usage: 0073276 13 The following are the Gyms' use priority guidelines for awarding gym space use during prime time hours for sports and recreational activities at the start of each school year: 1. City-sponsored sports, recreational activities and programs; Tenants with gym leased space at Cubberley; 2. Palo Alto resident, youth, non-selective membership*, non-profit organizations or leagues (at least 75% are Palo Alto residents); 3. Palo Alto resident, youth, non-profit organizations or leagues (at least 51% residents) 4. Palo Alto resident, adult, non-selective membership * , non-profit organizations or leagues (at least 51 % residents); 5. Palo Alto resident, adult, non-profit organizations or leagues (at least 51 % residents); 6. Non-resident, non-profit organizations; 7. F or-profit youth organizations; 8. For-profit adult organizations; and 9. Organizations that have previously violated the terms of the Facility Use Policy. In the event of a determination that more than one organization are equally eligible, priority use will be given to the organization with the highest percentage of total membership who are Palo Alto residents at the time the request for a Facility Use Permit is made. To qualify for non-profit rates, a non-profit organization must provide with its application a copy of its letter confirming its non-profit status, issued by the Internal Revenue Service, together with its non-profit ID number indicated thereon, if this responsibility has been delegated, a separate letter on organization letterhead will also be required. Payment of fees with the non-profit organization's check or charge card is required. The name of the non-profit organization stated in the Facility Use Application and Permit must be identical to the name imprinted on the check or charge card. An adult group is any group whose membership is limited to persons 18 years of age and older. Organizations that currently have gym space during prime-time hours may not be given priority during non-prime time hours. *Non-selective membership allows all applicants to participant regardless of ability without tryouts. V. Eligibility for Non-Prime Time Hours Usage: Priority for Non-Prime Time usage will be given to those activities that satisfy all or most of the following criteria. 1. City-sponsored sports and recreational activities and programs; [Tenants with gym leased space at Cubberley, or 2. Long-Term Year-Round existing renters, or 3. Programs that serve a vulnerable popUlation, or 4. Programs that serve seniors or youth, or 5. Serves the greatest percentage of membership comprised of Palo Alto residents, or 6. Activities that provide culturally diverse programs, or 7. Repeat annual events VI. Gym Use Allocations: The Gyms will be permitted for uses and the activities that the each of the Gyms are primarily intended for, designed for, classified as, or for activities conducted in a manner that does not compromise public safety or gym quality and integrity. • • 0073276 Youth Volleyball and Basketball organizations that qualify for categories referred to in IV.2 and IV.3 above will be allocated gym usage, as follows: 1. Three (3) practice slots* per organization per week during prime-time hours defined as: Monday through Thursday, 3:00 p.m. to 9:00 p.m. and Saturday, 8:30 a.m. to 12:30 p.m. Organizations that eligible under categories described in IVA and IV.5 will be allocated space for adult league play on weekends, during non-priority hours. 14 *Slot length and hours will vary to allow for setup/cleanup time between users. VII. Residency: A resident is a person residing within the city limits of the City of Palo Alto. Any person owning and paying taxes on real property in Palo Alto, but who is not living in the City, and any person having only a Palo Alto business address, will not be considered a resident for gym use application purposes. Children attending Palo Alto Unified School District schools are considered residents for enrollment purposes. The City will require identification or documentation of residency to be considered for priority use. In the event proof of residency cannot be established, the person will be charged the non-resident rates or will be limited by restrictions applicable only to non-residents. VIII. Residency Verification: A master league roster is required to be submitted with the application in order to veritY residency; that roster will include the players' first and last names in alphabetized order, address, phone number, City of Palo Alto Utility account numbers and, as applicable, the real property owner's name(s). Renters may submit in the alternative any of their utility bills, such as a cell phone bill, which proves the renter's residence in Palo Alto or a copy of their driver's license, which provides a Palo Alto address. Any group or organization found to be l)1isrepresenting its residency status will have its permit revoked for the year in which the gym use application is directed; such group will be assigned the lowest priority usage for gym use scheduling for the immediately following year. In addition, any group or organization found to be reserving gym use for any time period for another organization (that would otherwise have a lower priority for gym use scheduling) will be penalized by the revocation of its permit for the year for which the permit is issued and that group or organization will be assigned the lowest priority usage for gym use scheduling for the immediate following year. IX. Fees All fees are due and payable as stated on the user's permit following the submission of the Facility Use Application and Permit. The fees and charges for gym usage are established by the City Council in the Municipal Fee Schedule and are not negotiable. The following provisions are applicable: 1. Each Gym has an individual per-hour rental rate; a late fee will be charged for late payments, and all fees are subject to change. For a detailed list offees, refer to the facilities schedule for rates. 2. Non-profit organization discounts will apply to organizations who have submitted an IRS Letter of non-profit Section 501(c)(3) status with their application. The Faciiity Use Application and Permit must be signed by an authorized person in order to be eligible to receive the non-profit discount. If this responsibility has been delegated, a separate letter concerning the delegation and printed on organization letterhead will also be required. 3. Certain events may require staff to be on duty at the user's expense to provide set-up, clean-up, and to monitor events for safety and compliance with city policies. See facility schedule for rates. X. Deposits 1. A refundable cleaning and damage deposit up to $2,000" may be collected. Any additional fees such as those incurred for space cleaning, "damages, staff time, and room time will be deducted from the cleaning/damage deposit before the balance is returned. Any charges incurred to return the gym facility to its condition existing prior to the permittee's usage will be deducted from the cleaning/damage deposit. This deposit may be forfeited for violations of any rental conditions named on the reverse side of the Facility Use Application and Permit. 2. If the additional fees due and payable exceed the amount of any deposit, the permit holder will be billed for the balance due. Payment will be due and payable within thirty (30) days of the date of invoice. Fees that are not paid will be assigned for collection to a collections agency and the user group will be ineligible to apply for gym use until the unpaid amount is settled in full. Note: Users are responsible for damages or extra fees incurred due to guest's actions or behaviors. XI. Insurance Liability A valid insurance certificate is required for the use of any of the Gyms. 0073276 15 million dollars ($1,000,000.00) of general liability coverage per occurrence and contain the following information: • General liability coverage (property and bodily injury) as evidenced by an insurance certificate with an endorsement naming the City of Palo Alto as ADDITIONAL INSURED, and guaranteeing 30 days' prior notice to change or cancellation of the policy. Use of any gym will not be allowed unless insurance requirements are satisfied no later than thirty (30) business days prior to the first scheduled date of use of the gym .. 1. The permit holder shall be responsible for any and all damage to the Gyms, equipment and/or property covered by the permit. If additional maintenance is deemed required (in excess of normal services/time) to restore the premises, equipment and/or property to reasonable use by others, the permit holder shall be charged accordingly. 2. The City disclaims responsibility for any accident, inju!)" liability, loss or damage to person or property as a result of unauthorized Gym use. 3. The permit holder will be responsible for all actions and omissions that result in damages that are caused by their attendees. XII. Permit Rules & Regulations I.Perm its are not transferrable. 2. Permit holders must pick up and remove any trash generated by their activity. 3. Permit holders are responsible to observe any and all alcohol restrictions and/or policies. 4.T he misuse of any Gym or the failure to conform to facility regulations, established policies and procedures or any other Federal, State, or local law, rule regulation or ordinance shall be sufficient grounds for the immediate revocation of the permit and/or the denial of any future applications. No refund will be granted. S.A permit holder shall restrict its use to only the Gym space that is specifically reserved and paid for, as designated in the permit. Other Gym space facilities may be scheduled by other groups and may not be available. A permit holder must be in possession of its Facility Use Permit in case there is a need to address the question of who has approved use for the facility in question. If the permit holder cannot use a facility due to unauthorized use by another party, the permit holder should contact the Cubberley facility management staff ( 650-329-2418) 6.c omplaints from surrounding neighborhood residents as to the user's activity noise level, litter and debris, and/or disregard of parking regulations could lead to the cancellation of the permit or reservation, the forfeiture of the deposit, and the denial offacility use in the future. See Good Neighbor Policy XIII. General Rules & Regulations All City of Palo Alto Municipal Codes/Regulations apply to all City Facilities. 1. The City reserves the right to cancel an approved reservation due to maintenance needs, overuse of facility, unsafe conditions, or due to a conflict with a City event. In these cases, all attempts will be made to provide a minimum of 15 days' advance notice and to provide an alternate 19cation. In the event of an emergency, when only on-short notice or no notice can be provided, groups must cooperate with the request to not use the facility or risk loss of current permit and denial of future use. If there are no alternate facilities available, the City is not obligated to provide an alternate facility. In case of such event, a full refund will be given. 2. For Cubberley Community Center facility hours of operations, see Appendix B. 3. The City encourages partnerships and volunteerism to improve gym quality and maintenance; however, in the absence of a written agreement, donations and/or contributions oftime does not give any organization priority at any facility. Groups wishing to make alterations to facilities must submit these improvement requests in advance to the City. No groups will be allowed to make any alteration to any facility without first obtaining the City's approval. XIV. Cancellations The City and the permit applicant, respectively, each has the right to cancel an event or the issuance of the permit by giving written notice 30 days prior to the event or prompt notice, if the permit has been issued. Refunds will be honored for cancellations made, in writing, and received 30 days before the event. Cancellations made in writing and received 0073276 16 less than 30 days before the event are entitled to a refund of the cleaning and damage deposit only. If the City cancels a facility use permit, at no fault ofthe user, a full refund will be made. XV. Good Neighbor Policy The purpose of this policy is to ensure that decisions regarding the use of the Gyms are used in the best interests of the neighborhoods, sports organizations, and citizens of Palo Alto. The City has established the following rules and regulations to govern the use of the Gyms for the safe and pleasant enjoyment of participants and neighbors. Every person shall abide by these rules or be subject to forfeiture of the security deposit and/or loss of the privilege of future use ofthe facilities. 1. All litter and debris that may occur as a result of your event must be picked up and deposited into trash or recycling receptacles, where provided, or removed from the premises. 2. All groups are responsible for the condition in which they leave the facility. Any excessive clean-up required by City crews following your use will be cause for forfeiture of all or part of your damage deposit. 3. Amplified music, use of musical instruments, radios, or Public Address Systems must conclude by 9:00 p.m., Sunday through Thursday, and by 11 :00 p.m., Friday and Saturday, and is allowed by permit only. 4. Complaints from surrounding neighborhood residents as to noise level, litter and debris, and disregard for use of parking regulations could result in cancellation of your reservation, forfeiture of security deposit, and denial of future facility use. The Cubberley Community Center has established the Gym Use Policy to provide gym space to more organizations under specific guidelines and rules and regulations. The objective is to make the reservation process fair and transparent. Staff will collaborate with Gym use permit holders over the next year to evaluate the effectiveness of the Gym Use Policy as well as provide a status report to the Parks and Recreation Commission after one year of implementation. Adopted: July 27, 2009 0073276 17 (~/t( '101 r--.. I ' i ATTACHMENT B POLICY STATEMENT POLICY AND PROCEDURES 1-2S/MGR REVISED: AUGUST 2007 PUBLICIPRIV ATE PARTNERSHIPS The City of Palo Alto encourages the formation of public/private partnerships for the benefits the community receives. For the purposes of this policy, "public/private" also encompasses "public/nonprofit" partnerships. Definitions Public/private partnership: A public/private partnership is an agreement between the City and a nonprofit or private organization to provide services or to assist in funding of public facilities and programs. Such partnerships may take various forms, including: • Acceptance of or solicitation of service or facility proposals • Facilitation of such proposals through the City's regulatory process • Waiver of City General Fund fees to help reduce project costs. • Contributions of City matching funds for construction of facilities to be owned and controlled or operated by the City. • Provision of facilities to the private partner at no charge or at a subsidized rent. Public/private partnerships typically fall into one of three categories: co-sponsorship, alliances or joint ventures. Co-Sponsorships: This is the most common type of public/private partnership. An organization furthers the mission of the City by supporting a City activity or program in conjunction with pursuit of that organization's own mission or program. Co-sponsorships can take the form of one-time events or annual agreements. Some examples of co-sponsorships include the Palo Alto Tennis Club use of City courts to provide a youth tennis program and American Youth Soccer Organization's use of space in a City facility to train referees. Co- sponsorships are entered into by staff and normally have no or minimal financial impact. Alliances: This type of public/private partnership involves organizations that have been created for the sole purpose of supporting a City program or an array of City programs. The organization does not expect to receive any direct financial benefit or to alter City policy and/or operations, but undertakes to work closely and cooperatively with staff to implement City goals. Alliance organizations include the Recreation Foundation, the Art Center Foundation (Project Look or Cultural Kaleidoscope), the Friends of the Children's Theatre (the Magic Castle), the Library Foundation and the Friends of the Palo Alto Library (financial assistance with the renovation and expansion of the Children's Library). Alliances are approved by the Council ifthere are any staffing or budgetary implications to the partnership. 1 POLICY AND PROCEDURES 1-251MGR REVISED: AUGUST 2007 Joint Ventures: This type of partnership involves organizations which have programs or missions independent of the City and involve the City entering into a contractual relationship with the public or nonprofit organization with both parties contributing to the partnership for their mutual benefit. Each joint venture is uniquely negotiated by the staff and approved by the City Council. Examples of Joint Ventures include TheatreWorks, Palo Alto Players and West Bay Opera's use of the Community Theatre and use of the former police station by older adult service provider, A venidas. PROCEDURES Initiation of partnerships: Public/private partnerships may be initiated in one of three ways: • By staff: Staff identifies an opportunity for such a partnership and undertakes an informal or formal request for proposal process to identify partners. • By Council: The City Council directs staff to work with a private or nonprofit organization to develop such a partnership. • By a private or nonprofit organization: An organization makes a partnership proposal to the staff or City. City Manager Review: If the partnership proposal involves more than one City department, the City Manager's Office will appoint a team with representatives of all City departments who are stakeholders in the partnership proposal. The team will analyze the proposal and inform the City Manager of the resource implications of the proposal, including staffing and monetary commitments. This would include proposed fee waivers. If the proposal will require a re-ordering of department priorities that have already been approved by the Council in setting its annual priorities or in the budget process, Council approval will be required prior to commitment to the partnership. Council approval will also be required if the partnership requires a new or adjusted allocation of operating or capital funding. Note: Co-sponsorships usually only involve a single department and do not necessitate the formation of an interdepartmental committee, the involvement of the City Manager's Office or the approval of the City Council. City-Initiated Partnerships: Such partnerships will be guided by existing policies and procedures governing purchasing and outsourcing, using "requests for proposals" and/or bid processes as the method of initiating a partnership. A City-initiated partnership may incorporate incentives including naming rights, waiver of non-enterprise fund building and planning fees, reduced lease rates, free use of space, subsidies, and staff resources. All incentives may be negotiated on a case-by-case basis. 2 POLICY AND PROCEDURES 1-251MGR REVISED: AUGUST 2007 Evaluation of Viability of Partnering Organization: Staff will provide the City Manager and/or City Council with its assessment of the viability of the proposed partnership, based on the partnering organization's possession of sound organizational, administrative and fiscal management, and its demonstrated experience to achieve and sustain project tasks, such as fundraising and building community support. For proposed facility improvement or expansion initiatives, the nonprofit or private organization should have the ability and commitment to make a substantial pledge to the project's cost. Facilities Proposals: • If a City facility is to be renovated, expanded or otherwise be directly affected by the partnership, the Infrastructure Management Plan will have to be adjusted appropriately. • Long-term staffing, operational and maintenance costs must be identified in the proposal. The project's applicable costs and funding sources for furnishings, fixtures and equipment will be identified. • The parties will negotiate the joint. or separate financial responsibility for any project cost overruns on a project-by-project basis. • Staff may recommend that any standard City processing or use fee authorized under the Municipal Fee Schedule, excluding fees and charges levied by City of Palo Alto Utilities or other City enterprise fund programs, should be waived as a condition of the City's participation. Waiver of fees may be granted by the Council and limited to those fees associated with a construction or capital improvement project which, upon its completion, results in a new or improved public facility, building or park, or some portion thereof, that will be solely owned or controlled by the City. In the event that only a portion of a construction or capital improvement project will result in a new or improved City facility, building or park, or portion thereof, then the Council may waive only that portion of any associated fee directly relating to the construction, improvement or enhancement of the City facility, building or park. As appropriate, the summary and recommendation in the report to the Council will include a staff recommendation on waiving fees which the Council can approve or reject. • The City will determine whether the nonprofit or private organization shall use or may forego a formal or informal competitive selection process in the hiring of professionals who will perform the management, design and/or construction phases of the project. The City shall review and approve the requirements for and the performance of all phases of design, planning and construction work for the project. 3 I I I I , I TO: DATE: SUBJECT: RECOMMENDATION HONORABLE CITY COUNCIL February 8, 2010 Scheduling the City Council Vacation and Winter Closure in Calendar Year 2010 Approval of Resolution Scheduling the City Council Vacation and Winter Closure in Calendar Year 2010. BACKGROUND Pursuant to the Municipal Code Section 2.04.010, the City Council must schedule its annual vacation for each calendar year no later that the third meeting in February. During said scheduled annual vacation, there shall be no regular meetings of the City Council nor of the Council standing committees. The Mayor or a majority of the Council may call a special meeting during the scheduled vacation if necessary. Please note that Labor Day this year falls on Monday, September 6, 2010. Included in this resolution is the cancellation of Council meetings due to the winter closure. The suggested dates for the Council vacation and winter closure: August3 -September 10, 2010 Council Summer Recess December 22, 2010-December 31, 2010 Winter Closure CITY CLERK APPROVAL: ATTACHMENT DONNAJ. GRIDER City Clerk RESOLUTION NO. __ . RESOLUTION OF THE CITY OF PALO ALTO SCHEDULING THE CITY COUNCIL VACATION AND WINTER CLOSURE FOR CALENDAR YEAR 2010 WHEREAS, pursuant to Section 2.04.010 of the Municipal Code, the City Council must schedule its annual vacation for each calendar year no later than the third meeting in February; and WHEREAS, the City Council desires to set its annual vacation for 2010. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: The City Council sets their vacation for calendar year 2010, from Tuesday August 3, 2010 through Friday September 10, 2010 and winter closure from Wednesday, December 22, 2010 through Friday, December 31,2010. INTRODUCED AND PASSED: AYES: NOES: ABSENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Attorney City Manager TO: HONORABLE CITY COUNCIL 7 FROM: CITY MANAGER DEPARTMENT: HUMAN RESOURCES DATE: April 12, 2010 CMR:140:10 REPORT TYPE: CONSENT SUBJECT: Adoption of Two Resolutions to Incorporate a Side .Letter Agreement with the Palo Alto Peace Officers' Association (PAPOA) to ' Provide a Supplemental Military Leave Benefit to Pay for the Differential Between Regular Salary and Military Pay to PAPOA Members Called to Involuntary Active Duty Amending: (1) Section 1601 of the Merit System Rules and Regulations Regarding the 2007-2010 Memorandum of-Agreement and (2) the Compensation Plan for Police Non-Management Personnel (PAPOA) Adopted by Resolution No. 8779 RECOMMENDATIONS Staff recommends that the City Council adopt the attached resolutions to incorporate a side letter agreement with the Palo Alto Peace Officers' Association (PAPOA) to provide a supplemental military leave benefit for full-time regular police officers who are enlisted in a Military Reserve Program and are called to involuntary active duty as part of ongoing military operations prior to June 30, 20 I 0_ BACKGROUND The City of Palo Alto provides military leave benefits pursuantto the California Military and Veterans Code, Section 389, et seq_ Pursuant to this Code, the City is required to pay employees the difference between their military pay and their regular salary for the first 30 calendar days of active military service. Historically, the City has also maintained all available benefits for reservists on military leave during the first 30 days, although this additional provision is not required in all cases by state law _ In addition, during past operations the Council has approved the voluntary continuation of salary and benefits for II months beyond the 30 day requirement. This extension is expressly authorized by state law. CMR:140:10 Page 1 of5 Approval of the side letter agreement would allow payment of the salary differential to one reservist in P APOA who was unexpectedly called to involuntary active duty, but who would not qualify under existing policies. This agreement is less costly to the City than prior military leave provisions because it does not include extending benefits or vacation and sick leave accruals during deployment. The payment of the salary differential to employees called to active military duty for extended periods is consistent with the benefits provided by other local agencies. The Police Chief and Human Resources staff strongly support the continuation of the City's past practice of providing this salary differential. Particularly during this economic climate, it is in the interests of the City of Palo Alto and its workforce to ensure that employee reservists called to duty are able to serve with the knowledge that their families will not lose financial stability. DISCUSSION Currently, the City of Palo Alto has a Supplemental Military Leave Benefit which covers all employees who enlisted in the Military Reserves prior to February 18,2003 and have been called to active duty as a result of Operation Iraqi Freedom. This side letter agreement will allow the City to extend partial benefits of this policy to an employee who is a full-time police officer and a reservist in the U.S. Coast Guard, and who was unexpectedly deployed to Iraq on November 9, 2009 for a ten-month tour of duty. This employee does not qualify under the current policy because his enlistment date was after February 18, 2003. Currently, this employee is the only active reservist in P APOA. However, it is possible that additional P APOA members will be eligible for this benefit in the future. Under the proposed agreement, the salary differential between military pay and the employee's regular salary may be extended for up to eleven additional months after the first 30 days' pay. Additional pay after the first 30 days is authorized under Military and Veterans Code Section 395.03. Further, there is a provision in the City's Merit Rules and Regulations that provides for the City Council to offer supplemental benefits for up to one year "for reasons the Council, in its sole discretion, considers adequate and in the best interest of the City." (City of Palo Alto Merit Rules and Regulations, Chapter 8, Section 808.) Under these provisions, the City is permitted, but not required to offer supplemental pay after the first 30 days of military deployment. However, the extension of the pay differential for the full term of deployment has been the long-standing past practice of the City. In 2001, Council approved extension of salary and benefits to employees called to active duty "in CMR:140:10 Page 2 of5 recognition of the sacrifices made by employees called to serve their country." (CMR 440:01). Merit Rule No. 708 simply provides that the City will follow State and Federal law; however, the past practice of the City has been to provide both extended salary and benefits. Specific authorization for the extension of pay and benefits has been provided for individual military operations on a case-by-case basis. In this case, due to the current budget situation, the Police Chief and P APOA are not requesting an extension of benefits or accruals. According to State and Federal law, the City must hold the position of any deployed employee open for a least one year. The police department will backfill this position by paying overtime when necessary according to past practice when covering other types of absences such as disability leave, vacation, etc. Backfilling this position will likely result in minimal overtime costs (approximately SI5,000). If approved, this side letter agreement would provide the following: 1. The City would pay the differential between an employee's current regular pay (less accruals) and military pay received by the employee while on active military for nine months. 2. The City would provide this benefit retroactive to December 1,2009. RESOURCE IMPACT There is currently one employee who will benefit from this agreement. At this time, there are no other PAPOA members enlisted in the Military Reserve programs. This employee is expected to be on military leave for a total of ten months. As such, under the agreement, the City will pay the employee nine months of regular salary less nine months of accruals (sick, vacation and holidays) and less nine months of military pay. Benefits such as health care and retirement will not be paid. The City will realize a savings of S79, 062 compared to the budgeted total compensation for this employee over nine months. Salary will be reduced by military pay ($21,014) and the employee will not accrue benefits such as vacation, sick time or holidays ($10,723) for nine months. Finally, the City will not pay for benefits such as medical care, retirement, et al ($47,325). Total savings are calculated as follows: ---....... -~ ---....... -~ ..... -----....... ~.---....... -- CY!R:140:10 Page 3 or5 Total Budgeted Compensation -nine months Including salary, accruals, and benefits Less Military pay for nine months Accruals for nine months Benefits for nine months Total Reduction (savings) Net Pay $ 21,014 10,723 47,325 $ 79,062 $ 120,583 $ 41,521 Savings could potentially be offset by minimal overtime or backfilling the department may be required to make as a result of the employee's absence (approximately $15,000). Inadditioll, the savings should be viewed in the context of potentially lower service levels. However, the Chief of Police states that there will be minimal impact or cost in this case, and those costs can be recovered by the estimated savings shown above. POLICY IMPLICATIONS The Merit Rules require only that the City comply with both State and Federal law, but the past practice of the City has been to go beyond those minimal requirements. This agreement provides a continuation of that past practice, but at a reduced financial cost. Any future expansion of the current policies would require City Council approval. ENVIRONMENTAL ASSESSMENT This is not a project under the California Enviromnental Quality Act (CEQA). ATTACHMENTS 1. Resolution Amending Section 1601 of the Merit System Rules and Regulations Regarding the 2007-20 I 0 Memorandum of Agreement between the City of Palo Alto and the Palo Alto Peace Officers' Association, to Provide a Supplemental Military Leave Benefit for Members Called to Involuntary Active Duty ------........... _ ..... _-----........... -..... -------------- CMR:140:10 Page 4 of5 2. Resolution Amending the 2007-20 I 0 Compensation Plan for Police Non-Management Personnel (Palo Alto Peace Officers' Association) Adopted by Resolution No. 8779 to Incorporate a Side Letter Agreement to the 2007-20 I 0 Memorandum of Agreement with the Palo Alto Peace Officers' Association, to Provide a Supplemental Military Leave Benefit for Members Called to Involuntary Active Duty 3. Side Letter to the 2007-2010 Memorandum of Agreement Between the Palo Alto Peace Officers' Association and the City of Palo Alto DEPARTMENT HEAD: RUSSELL CARLSEN Director, Human Resources CITY MANAGER APPROVAL: ---,''-+-~''-'-~"-+---'''F----- CMR:140:10 JA Ci Page 5 of5 **NOT YET APPROVED** Resolution No. --Resolution of the Council of the City of Palo Alto Amending Section 1601 of the Merit System Rules and Regulations Regarding the 2007-2010 Memorandum of Agreement between the City of Palo Alto and the Palo Alto Peace Officers' Association, to Provide a Supplemental Military Leave Benefit for Members Called to Involuntary Active Duty The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. amended to read as follows: Section 1601 of the Merit System Rules and Regulations is hereby "1601. Memorandum of agreement incorporated by reference. That certain memorandum of agreement by and between the City of Palo Alto and Palo Alto Peace Officers' Association, consisting of a Preamble and Sections I through 50 and Appendix A, for a telm commencing lu1y 1, 2007, and expiring June 30, 2010, as amended to provide a supplemental military leave benefit to pay the differential between regular salary and military pay to P APOA members called to involuntary active duty, is hereby incorporated into these Merit System Ru1es and Regulations by reference as though fully set forth herein. Said memorandum, as amended, shall apply to all employees in classifications of police officer trainee, poliee officer, poliee agent, and police sergeant, except where specifically provided otherwise herein. In the case of conflict with this chapter and any other provisions of the Merit System Ru1es and Regulations, this chapter will prevail over such other p:ovisions as to employees represented by said Palo Alto Peace Officers' Association." SECTIO)! 2. The Memorandum of Agreement ("MOA") incorporated into the Merit System Ru1es and Regulations by Section 1 of this Resolution amends the MOA incorporated into the Merit Rules by Resolution No.8778 by incorporating the side letter set forth in Exhibit "A," attached hereto and incorporated herein by reference. SECTION 3. The changes provided for in this resolution shall not affect any right established or accrued, or any offense or act committed, or any penalty of forfeiture incurred, or any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. II II 1/ 100202 sh 8261249 1 I I I **NOT YET APPROVED** SECTION 4. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED k'ID PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Senior Deputy City Attorney Director of Administrative Services Director ofHurnan Resources lO0202 sh 8261249 2 **NOT YET APPROVED** EXHmIT "A" Side Letter to the 2007-2010 Memorandum of Agreement 100202 sh 8261249 SIDE LETTER TO THE 2007·2010 MEMORANDUM OF AGREEMENT BETWEEN THE PALO ALTO PEACE OFFICERS' ASSOCIATION AND THE CITY OF PALO ALTO WHEREAS, the Council of tire City of Palo Alto values the contributions made by its employee reservists called to serve their country; and WHEREAS, it is in the interests of the City of Palo Alto and its workforce to ensure that employee reservists called to duty are able to serve with the knowledge that their families will not lose salary; and WHEREAS, the City of Palo Alto has authorized supplemental military leave pay for eleven additional months at the time of prior U.S. engagements; and NOW, THEREFORE, P APOA and the City agree as follows: Section 1. The following provision is hereby added to the MOA as Appendix "A" to read as follows: Appendix" A" Supplemental Military Leave Benefit Effective December 1, 2009, any military reservist who is a member of PAPOA and is called to involuntary active duty prior to June 30, 2010 shall be eligible to receive a supplemental military leave benefit, paid by the City after the first 30 days of paid military leave, of the differential between the employee's current regular pay and all military pay received by the employee while on active military duty for up to eleven additional months. Palo Alto Peace Officers' Association City of Palo Alto, Subject to City Council Approval BY:~9Jy By: ________ _ Date: ________ _ Approved as to Form: By: ________ _ 100202 ,h 8261248 ** NOT YET APPROVED ** Resolution No. Resolution of the Council of the City of Palo Alto Amending the 2007-2010 Compensation Plan for Police Non- Management Personnel (Palo Alto Peace Officers' Association) Adopted by Resolution No. 8779 to Incorporate a Side Letter Agreement to the 2007-2010 Memorandum of Agreement with the Palo Alto Peace Officers' Association, to Provide a Supplemental Military Leave Benefit for Members Called to Involuntary Active Duty The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Compensation Plan for Police Non-Management Personnel, adopted by Resolution No. 8779, is hereby amended to provide a supplemental military leave benefit to pay the differential betwcen regular salary and military pay to P APOA members ealled to involuntary active duty as set forth in Exhibit "A", attached hereto and incorporated herein by reference. SECTIOK 2. The Director of Administrative Services is authorized to implement the amended compensation plan 'as set forth in Section 1. II II II II II II II II 1/ II II II 100202 ,h 8261250 1 ** NOT YET APPROVED ** SECTION 3. The Council finds that this is not a project under the California Environment~ 1 Quality Act and, therefore, no environmental impact assessment is necessary. P.'ITRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk . Mayor APPROVED AS TO FORM: APPROVED: Senior Deputy City Attorney City Manager Director of Administrative Services Director of Human Resources 100202 sh 8261250 2 ** NOT YET APPROVED ** EXHIBIT "A" Side Letter to the 2007-2010 Memorandum of Agreement 100202 sh 8261250 3 SIDE LETTER TO THE 2007-2010 MEMORANDUM OF AGREEMENT BETWEEN THE PALO ALTO PEACE OFFICERS' ASSOCIATION AND THE CITY OF PALO ALTO \VHEREAS, the Council of the City of Palo Alto values the contributions made by its employee reservists called to serve their country; and . WHEREAS, it is in the interests of the City of Palo Alto and its workforce to ensure that employee reservists called to duty are able to serve with the knowledge that their families ""ill not lose salary; and \VHEREAS, the City of Palo Alto has authorized supplentental military leave pay for eleven additional months at the time of prior U.S. engagements; and NOW, THEREFORE, P APOA and the City agree as follows: Section I. The following provision is hereby added to the MOA as Appendix "A" to read as follows: Appendix "A" Supplemental Military Leave Benefit . Effective December I, 2009, any military reservist who is a member of PAPOA and is called to involuntary active duty prior to June 30, 2010 shall be eligible to receive a supplemental military leave benefit, paid by the City after the first 30 days of paid military leave, of the differential between the employee's current regular pay and all military pay reeeived by the employee while on active military duty for up to eleven additional months. Palo Alto Peace Officers' Association City of Palo Alto, Subject to City Council Approval BY:~\Uy By: _________ _ Date: '-\. -!., 1-0 Date:, _________ _ Approved as to Form: By: ___ ~. _____ _ 100202 sh 8261248 City of Palo Alto City Manager's Report TO: HONORABLE CITY COUNCIL 13 FROM: CITY MANAGER DATE: FEBRUARY 8, 2010 REPORT TYPE: ACTION DEPARTMENT:PLANNING AND COMMUNITY ENVIRONMENT CMR: 138:10 SUBJECT: Review of Destination Palo Alto Metrics and Direction to Staff to Pursue Transition to Participation in the San Mateo County Tourism Business Improvement District RECOMMENDATION Staff recommends that the City Council: 1) Review the baseline data, methodology and Destination Palo Alto return on investment information; and , 2) Direct staff to explore participation in the San Mateo County Tourism Business Improvement District operated by the San Mateo County/Silicon Valley Convention Visitors Bureau. EXECUTIVE SUMMARY The purpose of this report is to respond to City Council questions and concerns regarding the City's return on investment for the City's visitorship effort, Destination Palo Alto. At the November 2,2009 City Council Meeting, staffwas directed to return to City Council within three months with details ofmetrics to be used to measure performance of the program. This staff report contains detailed baseline data on transient occupancy tax revenue, occupancy rates, and total number of hotel rooms for Palo Alto and 7 other area cities. In addition, a specific estimate is provided for transient occupancy tax revenue generated as a-result of the San Mateo/Silicon Valley Convention and Visitors Bureau (SMlSVCVB) through Destination Palo Alto. The period covered in this review is November 2008 through December 2009. The data indicates the City received $187,061 in revenues, as compared to the $24P,000 cost of the program which includes the $25,000 paid directly to the Palo Alto Weekly (for local marketing-website, visitors' guides, rack brochure) and operation of the Visitors' Center at the Chamber of Commerce. CMR: 138:10 lof6 Since the City Council meeting in November, staff has received communication from the SMlSVCVB regarding its desire to transition from the existing contract to the inclusion of Palo Alto hotels into the existing Tourism Business Improvement District operated by the CVB. This change would result in the hotel guest paying a small increment ($.15 to $1.00) per room, per night rather than the City providing funds in the Destination Palo Alto contract. Essentially, the same service level would be provided to hotels through this approach, following up on the success of Destination Palo Alto. The SMlSVCVB has also indicated continuation of the Palo Alto Visitors' Center at the Palo Alto Chamber of Commerce. The potential cost savings to the City would be approximately $60,000 -$120,000 in FY 2010. BACKGROUND In October 2005, the City Council directed staff to agendize a Council discussion that would explore enhancing Palo Alto's economy by improving visitor outreach. In February 2006, staff convened a committee of stakeholders for a Palo Alto visitorship effort. The committee, Destination Palo Alto, was chaired by the City Manager and held its first meeting on March 15, 2006. Stakeholders included: the Palo Alto Chamber of Commerce, Stanford Athletics, Palo Alto Business Improvement District, Palo Alto Weekly, Stanford Visitor's Center, Palo Alto Online, California A venue Area Development Association (CAADA), Stanford Shopping Center, Stanford University, Town and Country Shopping Center, Palo Alto Arts Center and business representatives from the hotel, retail and hospitality industries. The goals of Destination Palo Alto included the development of a specific, actionable and achievable plan that would strengthen visitorship in Palo Alto. Three key objectives included: 1. Attracting more visitors to Palo Alto 2. Promoting return visitorship to Palo Alto 3. Enticing visitors to stay longer, use additional amenities and spend more money locally Staff issued an RFP for visitorship services on April 14, 2008. Staff was directed to include $240,000 for the Destination Palo Alto program in the FY 2009 proposed budget and $240,000 in the FY 2010 proposed budget. Based on input from the Administrative Services Department, a formula was identified for estimating the City's return on its investment for Destination Palo Alto. Based on a 5% increase in the occupied room days for the five largest hotels in Palo Alto, the growth in revenue was estimated to be approximately $240,000 yearly. This amount was proposed for two years as a part of the FY 2009 and FY 2010 budgets. On October 6,2008, City Council authorized the City Manager or his designee to execute the agreement with the San Mateo County/Silicon Valley Convention and Visitors Bureau (SMC/SVCVB) in an amount not to exceed $455,000 for visitorship services for the fiscal year 2009 and fiscal year 2010. $25,000 of the total $240,000 contract amount was awarded to the Palo Alto Weekly for an upgrade of the Destination Palo Alto website ($15,000) and for the provision of two visitor CMR: 138:10 2of6 guides ($10,000). The cost of the visitor guides and website upgrade are one time costs. No rate of return was calculated for this portion of the contract. Thus, in the first year of the contract, the SMC/SVCVB portion of the contract was only $215,000. In the second year of the contract, the full amount of $240,000 was allocated for the provision of visitorship services by the SMC/SVCVB. On November 2, 2009, City Council confirmed the extension of the contract but requested that staff return with a description of the methodology and specific metrics to be used to quantify the City's return on its investment. The Council also directed that the contract be amended to provide for a 60-day termination clause by either party (which has been completed). DISCUSSION Staffhas collected baseline data from a number of other cities in an effort to address the questions from City CounciL Attached is a spreadsheet that identifies the transient occupancy tax (TOT) revenue, occupancy rates (when available) and the total number of hotel rooms in Palo Alto, Berkeley, Redwood City, Cupertino, Campbell, Mountain View, Menlo Park and Sunnyvale (Attachment 2). Baseline Metrics Staff analyzed FY2007, 2008, and 2009 data related to TOT revenue, percentage occupancy rates and number of hotel beds from 8 cities: Palo Alto, Menlo Park, Cupertino, Berkeley, Redwood City, Campbell and Sunnyvale. The statistical analysis did not identify any significant differences accounted for by either the presence or absence of a convention bureau, or the rate of TOT. Overall, the statistical results of the TOT analysis indicated that macroeconomic factors, especially the downturn in the economy in the Bay Area Region, swamped any other effects. While no specific inferences can be made from this data, the collection of baseline figures will allow staff to determine the impact of Destination Palo Alto as the program continues to develop. Rate of Return The Destination Palo Alto contract was initiated in October of2008. Events and hotel room bookings are planned months and even years in advance. For this reason, the CVB cannot attribute any hotel bookings to the program for that 2008, therefore the table below begins with calendar year 2009. The following table illustrates rooms booked in Palo Alto for 2009, and 2010 (based on bookings through 12/15/2009). In addition, revenues generated through transient occupancy tax, secondary impacts (such as sales tax) and costs to operate Destination Palo Alto are detailed. CMR: 138:10 30f6 "rabh.H Destination Palo Alto 2009 2010 (Full year estimate) 10 " Roomsbookedl 9,900 12,000 . • Palo Alto hotel room revenue generated by $1,439,559 $1,744,920 i DPA2 Secondary Revenue Impact 3 $1,439,059 $1;735,080 . A. TOT Revenue to Palo Alto from DPA $172,747 $209,390 bookings 4 I B. Sales tax revenue 5 $14,314 $17,351 Total TOT and Sales Tax Revenue 6 $187,061 $226,741 Annual Cost of DP A 7 $240,000 $240,000 C. Return on investment 8 78% 94.4% D. Rate of Return (without Visitor Center) 117% 142% The following summarizes some of the key assumptions used to prepare the table (corresponding to the footnotes): 1. Rooms booked by SMC/SVCVB 2. Average room rate (9,900 x $ 145.4l1night = hotel room revenues) 3. Secondary Revenue IPlpact (retail sales, restaurant sales, services purchased by travelers) 144.59 per room per day per Smith Travel Research 4. TOT rate of 12% 5. Sales tax at 1 % of retail impacts 6. A+B 7. Amount includes $25,000 to PA Weekly (2009) and $80,000 for Visitor Center at Chamber of Commerce 8. Ratio of total City revenue to cost ofDPA ($240,000) 9. Data through 12115/2009 10. Contract period is 10 months in 2010 Staff notes that there is an anticipated 21 % increase in total transient occupancy tax, and sales tax revenue comparing 2009 figures to 2010. This trend is expected to continue as the program matures and as additional room nights are booked. The ROR is estimated at 78% for 2009, including the dollars allocated to the Palo Alto Weekly ($25,000) and for the Visitor Center ($80,000). For 2010, the return on investment is projected at 94% (again including the Visitor Center costs). The figures above assume all room nights booked become actual room stays, which may tend to overstate bookings. However, this overstatement is somewhat offset by other revenues not captured in this metric, such as room· night revenue, sales tax and total economic impact generated from leisure travelers generated by numerous articles and advertisements featuring Palo Alto, and rooms generated by features or ads in publications aimed at meeting planners. CMR: 138:10 40f6 Tourism Business ImprovementDistrict --... Attached to this staff report isa letter dated December 18, 2009 which staff received from the SMlSVCVB. In the letter, the CVB indicates that inclusion of Palo Alto hotels into the Tourism Business Improvement District (TBID) which encompasses most of San Mateo County (with whom Palo Alto would otherwise compete for hotel room bookings without inclusion into the CVB) would be a more effective way to deliver tourism services in the Palo Alto marketplace. This was the longer term outlook for Destination Palo Alto when it was initiated. Should Palo Alto opt into the TBID, the CVB will retain its visitor center presence in the Palo Alto Chamber office at no additional cost to the City, so service would be uninterrupted. The CVB proposes that the contract between the CVB and the City of Palo Alto end in April or May of2010 (depending on the timeframe for public notifications, etc.) and that the City Council direct staff to pursue participation in the existing TBID. Inclusion into the TBID would result in a nominal additional cost to travelers. The range of cost is approximately 15 cents to $1 per room night based on the projected occupancy of each hotel. Smaller hotels with limited services and meeting space with lower occupancy pay less than larger, full-service hotels. The CVB's TBID has been in place successfully since April of 2001. Other areas competing for meetings with TBIDs of their own include San Jose, San Francisco, Santa Clara, Sacramento County, San Diego and Santa Cruz County. The CVB has already conducted outreach to the largest four hotels and others in Palo Alto that represent a majority of rooms in the City. Currently a number of Palo Alto hotels including the Westin, Sheraton and Dinah's Court have indicated their support for inclusion into the TBID. The CVB is continuing its outreach and will report these outcomes at City Council. Should City Council determine that participation in theTBID be explored, staff will return to City Council tentatively on March 8, 2010, with a resolution of intention for inclusion into the TBID by Palo Alto hotels. The entire TBID inclusion process may take up to 90 days with notifications. This process is similar to that used to establish the Palo Alto Downtown Business Improvement District. RESOURCE IMPACT The first year of Destination Palo Alto Visitor Program was funded through an allocation of the City's General Fund for FY 2009. The amount of the funding allocated for the program was based on the expected growth in hotel occupancy that results from implementation of the program. The expected growth in occupancy was estimated to be 5 percent, which translates into $240,000. It is estimated that approximately $187,061 was generated in revenue to the City in transient occupancy tax and sales tax alone for 2009. The Destination Palo Alto program is a two-year pilot with $240,000 for the second year allocated as a part of the 2009-11 budgets. If the contract is ended in April-June, 2010, approximately $60,000-$120,000 of the original contract amount will not be expended. Staff has recommended the flexibility to terminate the contract in April or May, depending on the time required for TBID inclusion to ensure uninterrupted services to the hotels and visitor's center at the Chamber of Commerce. CMR: 138:10 50f6 ENVIRONMENTAL REVIEW This action by the City Council is not considered a project pursuant to Section 21065 of the California Environmental Quality Act. PREPARED BY: S SAN BARNES, anager Economic Development/Redevelopment DEPARTMENT HEAD: CURTIS WILLIAMS, Director Planning and Community Environment CITY MANAGER APPROVAL: ATTACHMENTS Attachment 1: Attachment 2: Attachment 3: CMR: 138:10 Letter from SMC/SVCVB of December 21,2009 Baseline data on transient occupancy tax revenue, number of hotel rooms and occupancy for selected cities CMR: 386:09 dated November 2,2009: Approval of the Extension of the Agreement between San Mateo County Convention and Visitors Bureau and the City of Palo Alto for the Provision of Destination Palo Alto Visitorship Services in the amount of $240,000 for Fiscal Year 2009/10 60f6 December 21, 2009 Palo Alto City Council 250 Hamilton St. Palo Alto, CA 94301 ATTACHMENT 1 111 Anza Boulevard, Suite 410, Burlingame, CA 94010 650-348-7600 • 1-800-288-4748 t;ax. 650-348 -7687 info@'sanmateocountycvb.com • www. visitsanmateocounty. COin Dear Mayor Drekmeier and Members of the Council: As you know, we began representing Palo Alto hotels and motels in October, 2008, pl'Omoting your pl'Opel1ies in the same manner as the properties in the cities we represent as part of our TOllrism Business Improvement District (TBID). We have appreciated your Council's Slipp0l1 and we believe that the relationship has resulted, and will continue to result, in a positive economic benefit for your city. When we entered into a contract with your city, our hope was that after two years under contract, Palo Alto pl'Operties would become part of our tourism business impl'Ovement district, with no Palo A Ito City money involved. In these challenging times, our desire as a board is to maximize the time our staff spends on selling and promoting the area as a whole. It is the regional efforts that maximize the return on investment and bring people into ollr propel1ies. What we are tinding lately, however, is that a displ'Op0l1ionate amount of staff time is being spent on local Palo Alto meetings, questions, etc. In an effol1 to allow our team to foclls on regional promotion, we voted at our December Board meeting to spend the next few weeks talking to Palo Alto properties about becoming part of our existing TBJD midway through the second year of our contract with the City of Palo Alto, rather than operating under a system under which the City of Palo Alto pays for the equivalent of their assessments. Should such a change OCCllr, it would save your city appl'Oximately $120,000. We will repOIi back to your city staff well in advance of your February 8 cOllncil meeting. If the hotels have an interest and your council wishes to be part of the TBID (with hotel guests paying for the assessments, rather than using any city money), it would mean the City of Palo could simply pass a resolution requesting that Palo Alto be included in the existing TBID. The request would then go to the City of Burlingame as lead agency for our TBID, to handle all noticing requirements. We look forwal'd to a continued positive relationship with the City of Palo Alto. We want to commend Susan Barnes in particular for doing everything possible to promote your businesses and city. It is a pleasure working with her. Sincerely, Ken Landis ~~~ 6v1 C,~) Chairman of tile Board (2009) Chairman of the Board (2010) / Baseline data on transie~t oeCupancyturiweDue, ,D.limber of bo~lrollms ,ami occupan&, for se,IHtedcifjes:'" ' C!!L Palo Alto % Chan: Occupancy Nwnber of Rooms Berkeley %Cbimg<l~:~i:'I:\;;!&; Nwnber of Rooms $ 1$ FY2007 FY2008 FY 07-FY08 Chanll:e FY2009 6,698,650.00 I $ 8,115,224.00 I $ 1,416,574.00 I $ 7,173,699.00 I $ 73.19% 75.46% 2.27% 65.21% 1865 1829 1829 3,260,568.00 I $ 3,578,183.00 I $ 317,615.00 I $ 4,000,100.00 I $ 1153 1153 1353 FY 08-09 Chanll:e (941,525.00 -10.25% 421,917.00 "·;:;:'!lk'\~ji"\/l 1:79'f1o Redwood City %Ch8:D $ $ 3,323,639.00 $ 346,945.00 $ 2.761,432.00 $ 562,207.00 ·lE~i,\tG~\:rr~~;::J~.~"~'~Af~~;::;f?'11:66% ''''Yt;~.!':'Wt\t~~''\';'';::Y:;~~~;:"fAt;\f~'ll:66% ::fi'~:)~:;~::~~·~~:ii:,;~{~~~~·,~j~·,~16~9.20/0 '.:-Jt.:~,1}i~~~',!;;:,;:;:'::;~~~:~t·y:~;tr:~,~~t-16~92O/o No Occupancy Number of Rooms 1218 1218 1218 $ 2.387.736.69 $ 2,617.769.86 $ 230.033.17 $ 2,140,365.33 $ "I!:lF""J.~:f::;;':*,i;;i:'f:(9~63%:,;::l\:~;'i,~,f;;,';~""'Y;';;'~:9 :63%,r,'!lc~~:~i!;\li"*:i;i~.,t~:(.18.24% 68.15% 69.52% 1.37% 58.75% Number of Rooms 663 663 663 Campbell $ 1.463,149.00 $ 1,619,110.00 $ 155,961.00 $ 1,287,185.00 $ (331,925.00) %"t":~;lJi;j'!';"f,::::;ii:>i'.'lO;66% '1t."1f~l':t;(,'!i':;:,f;'!?l ;',,10,66% .C:ff~:&l'Sl~7q:;:;j!'j'~,ji'.:r,;rl':.2(J;S()oA i.;~<J'~:ii1,;8i::t8'if:i:\1~:ic~20S0%i Occupancy 76.15% 77.50% 1.35% 65.65% -11.85% Nwnber of Rooms 526 526 526 Mountain View $ 3.217,236.00 $ 3,217,236.00 $ 3,330,452.00 $ 113,216.00 %' Chiui~,,:~:'~;~;~:)f~;:~7:~;1;;;{t?~~ff,~t~~·· ·0f!;;:~;:'·~~~/~:~~i\t·Y:ftlt,:~':';:'~~~,3::S2% ;:::i~:.!:~,~>t;\';;:~~;;;~~':·3,;~~}j'f}:~'~;~'3.52% Occupancy 73.85% Number of Rooms 1721 Menlo Park ! $ %' ~~~~'1;i'<~:~£',~,~5~~~t~~if~~, No Occupancy Number of Rooms 290 70.40% 1644 • 290 -3.45% 98.205.00 $ 1.;t:;h?~,~~~~'~{~!;}~;,~:·~::~\~:~~i 62% -8.70% 1597 413 Sunnyvale %Change'i $ 6,479,842.00 ! $ 7,381,136.00 $ 901,294.00 $ 7.466,938.00 $ 85,802.00 ;~;~!~,~i~~t~!;lf:~\f~-;,:,,;,\::·:"k:,:13 .. 91 %' :,': :f~::X~,t~~Ui,t:::~/'I<~~;~~i~~t3.91 % ;?l::i~!N::j'j}j~A*f!~~~:~~t,i::J.\";;~;:, 1.16010 "::'?~f~::~:~tq,1::::~~tFIJ~:,~~:;)::,';,/, ~1.16% Occupancy Nwnber of Rooms Footnotes: 3200 Mountain View 2001 occupancy based on available information Mountain View occupancy estimated PA TOT increase from 10 to 12% in January 2008 Sunnyvale Tot 9% in 2001,9.5% in 2009 Number of Rooms estimated for Sunnyvale Occupancy not available for Sunnyvale until FY 2008 Berkeley no occupancy data available Menlo Park-Rosewood Hotel opened April. 2009 Berkeley and Redwood City also are served by a Convention Visitor's Bureau 64% 3200 53% 3200 TOT 12% 12% 10% 10% 10% loo/o 10% >->-3 ~ (') ::r: ~ ~ >-3 N TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: NOVEMBER 2, 2009 REPORT TYPE: REPORT OF OFFICIALS A IT ACHMENT 3 DEPARTMENT:PLANNING AND COMMUNITY ENVIRONMENT CMR: 386:09 SUBJECT: Approval of the Extension of the Agreement Between San Mateo County Convention and Visitors Bureau and the City of Palo Alto for the Provision of Destination Palo Alto Visitorship Services in the Amount of $240,000 for Fiscal Year 2009-10 RECOMMENDATION Staff recommends that the City Council approve the extension of the agreement with the San Mateo County/Silicon Valley Convention and Visitors Bureau (SMC/SVCVB) for the provision of visitorship services for the second year of the contract for the 2009-10 fiscal year. BACKGROUND In October 2005, the City Council, through a Colleague's Memo authored by former Vice Mayor Kleinberg and Council Members Beecham and Mossar, approved a motion to direct staff to agendize a Council discussion that would explore enhancing Palo Alto's economy by improving visitor outreach. The motion was approved unanimously. In February 2006, staff returned to City Council and was directed to convene a committee of stakeholders for a Palo Alto visitorship effort. The committee, Destination Palo Alto, was chaired by the City Manager and held its first meeting on March 15, 2006. Stakeholders included: the Palo Alto Chamber of Commerce, Stanford Athletics, Palo Alto Business Improvement District, Palo Alto Weekly, Stanford Visitor's Center, Palo Alto Online, California Avenue Area Development Association (CAADA), Stanford Shopping Center, Stanford University, Town and Country Shopping Center, Palo Alto Arts Center and business representatives from the hotel, retail and hospitality industries. The goals of Destination Palo Alto included the development of a specific, actionable and achievable plan that would strengthen visitorship in Palo Alto. Three key objectives included: 1. Getting more visitors to come to Palo Alto 2. Promoting return visitorship to Palo Alto 3 .. Getting visitors to stay longer, use additional amenities and spend more money locally CMR: 386:09 10f6 On April 14, 2008 City Council directed staff to issue an RFP for visitorship services through Destination Palo Alto to enhance the Palo Alto economy and authorized staff to describe and link the Destination Palo Alto website to the City of Palo Alto website. In addition, staff was directed to include $240,000 for the Destination Palo Alto program in the FY 2009 proposed budget and $240,000 in the FY 2010 proposed budget. Based on an input from the Administrative Services Department, a formula was identified for estimating the City's return on its investment for Destination Palo Alto. Based on a 5% increase in the occupied days for the five largest hotels in Palo Alto, the growth in revenue was calculated to be approximately $240,000 yearly. This amount was proposed for two years as a part of the FY 2009 and FY 2010 budgets. DISCUSSION On October 6, 2008, City Council authorized the City Manager or his designee to execute the agreement with the San Mateo County/Silicon Valley Convention and Visitors Bureau (SMC/SVCVB) in an amount not to exceed $455,000 for visitorship services for the fiscal year 2009 and fiscal year 2010. In the first year of the contract, $215,000 was awarded to the SMC/SVCVB. $25,000 was awarded to the Palo Alto Weekly for an upgrade of the Destination Palo Alto website ($15,000) and for the provision of two visitor guides ($10,000). The two contracts totaled $240,000. In the second year of the contract, the full amount of $240,000 is allocated for the provision of visitorship services by the SMC/SVCVB. Although in October 2008 City Council authorized the City Manager to extend the agreement for a second year, considering the City's current economic situation and, in an abundance of caution, staff is returning to City Council to confirm that the extension of this contract still conforms to the wishes of City Council. Staff has provided quarterly Destination Palo Alto updates to City Council which provide information on: ' 1. Number ofleads generated 2. Potential room nights in leads 3. Total number of room nights booked 4. Percentage of non peak/target dates booked For clarification, each lead is defined as one potential piece of business or one potential meeting or conference. The number of room nights varies from lead to lead. These can vary from one room night to many per lead. Definite room nights are rooms that are actually on the hotels' books, or with contracts in place. In addition, the report identifies the number of promotional packages created, familiarization tours hosted and other important milestones. The most recent quarterly update for 3rd quarter 2009 is included as Attachment D to this report. Because of the prospective nature of hotel bookings and event planning, staffhas received information on all leads generated by the visitor's bureau up to this point. Since these events and CMR: 386:09 20f6 hotel room bookings are often planned months and even years in advance, metrics often lag outreach efforts. Beginning with the contract for FY 2010, numbers will be reported specifically for Palo Alto going forward to assist the City in quantifying the impacts of outreach efforts. In addition, specific metrics will be developed to quantify the increase in Palo Alto hotel occupancy and transient occupancy tax. This will include a comparison in the increase of occupancy and revenue that takes into consideration fluctuations in the economy. For example, when measuring transient occupancy tax increases, a model will be crafted by the SMC/SVCVB and City staff that benchmarks the City of Palo Alto's occupancy against that of similar cities to effectively measure program effectiveness. Staff and the SMC/SVCVB has compiled the following list of examples to highlight the value added by the Destination Palo Alto effort to the local economy in the past year: • 9,194 definite group meeting nights and tour and travel room nights were booked through the leads/site visits from Destination Palo Alto with an approximate economic impact of $2,666,260. Economic impact includes the hotel room revenue as well as secondary impacts which include restaurant and retail sales in Palo Alto. (Non-hotel banquet bookings and Senior Games bookings not included.) • Occupancy appears to be improving, as of May, compared to national statistics. According to Smith Travel Research*, the average decrease in occupancy in San Jose/Santa Cruz area was 16.8%, but Palo Alto's decline was only 13.8% comparing yearly totals from 2008 to 2009 (through August 2009). This increase is due in part to the Senior Games. Palo Alto's occupancy level has been climbing back slowly since February of 2009. (The SFOI San Mateo County area, where the impact of the Convention and Visitors Bureau has been underway for a longer period of time, was one of only five major areas nationwide with only single digit decreases in occupancy. *) • Meetings and events booked in Palo Alto included: o the 1 st U.S. and second-ever US-China Green Energy Forum o a neuroplasticity meeting o a U.S. travel show o an Autism conference o a cancer biology conference o a new American Bar Association meeting o a Morgan Stanley conference o a Recorder Society conference o multiple tour group blocks and additional non-room events such as weddings and banquets. (For competitiveness reasons not all exact group names are not listed here) *Quote for Smith Travel Research report: "Among the Top 25 Markets, Washington, D.C., reported the smallest decreases in all three key metrics: Occupancy fell 0.6 percent to 65.5 percent. .. Four markets besides Washington, D.C., posted occupancy decreases of less than 5 percent: Boston, Massachusetts (-4.2 percent to 74.1 percent); San Francisco/San Mateo, California (-3.3 percent to 84.7 percent); Oahu Island, Hawaii (-2.6 percent to 78.3 percent); and Tampa-St. Petersburg, Florida (-l.l percent to 48 .2 percent). CMR: 386:09 30f6 • In the booking of events such as the US-China Green Energy Forum, Palo Alto has demonstrated an emerging competitiveness to bid for meetings and events that without the SMC/SVCVB would not occur. In this particular case, several cities aggressively bid on this forum, with Palo Alto securing the event. As Palo Alto continues to develop as a Green Tech/Clean Tech hub, competitiveness such as this will be critical. • In March, a sports familiarization trip brought numerous major sporting event planners to the area for the first time. Among the events for which the Palo Alto/Stanford area is now in the running: The National Kidney Transplant Games (7,000 potential room nights for 2012). Individual sports planner site visits conducted in September and October, 2009, were completed which included planners ready to accept responses to requests for proposals. These have the potential to provide bookings of700 to 2,700 room nights each. • Although not involved in the earliest (2007) bookings of Palo Alto hotel rooms for the Senior games in 2009, Anthony Travel (the company with whom the Senior Games contracted to provide room bookings) was included on the SMC/SVCVB's familiarization tour in March of this year and, consequently, were able to secure additional rooms/ blocks in Palo Alto for the games. 403 additional rooms and an additional economic impact (beyond other bookings) of$116,870 (calculated at $290 per room) is estimated. This does not include additional room nights booked by attendees in response to the Extend Your Stay piece that went to them with their registration information. In addition, a conservative estimate is that DPA representatives at the Senior Games information booth convinced an average of 25 people a day to stay in Palo Alto while they went to see other parts of Northern California, such as Pebble Beach, Muir Woods, Napa, etc. (Twenty people over 14 days is a minimum of350 room nights kept in Palo Alto, rather than lost to areas outside. The approximate economic impact of these was over $100,000.) A number of site visits and familiarization ("fam") tours have been completed with specific focus on Palo Alto hotels and other venues. These fam tours have been with both national and international planners and have included film makers, as well. The Destination Palo Alto website has grown exponentially since its launch. The link to Destination Palo Alto on the City's website is live. The most recent quarterly report, for the period through June 2009, has shown huge strides in user numbers. As noted in the second quarter report, visitors to the website have grown from 472 in January 2009 to 1963 in June 2009. Page views have grown from 791 to 7727 for the same period. Numbers for the third quarter (July I-September 30, 2009) were not available at the time of the preparation of this report. The Chamber of Commerce has been host to the Palo Alto Visitors Center since November 2008. Visitors to Palo Alto are served at the Chamber and by phone each day. As event planning, marketing of the Palo Alto area, hotels, venues and businesses continues, quantifiable measures will ensure that Palo Alto specific data is reported on and measured. The research by Godbe Research will quantify average spending by tourists to Palo Alto and estimate the economic impact of increased business to Palo Alto venues. CMR: 386:09 40f6 It is the recommendation of staff that the Destination Palo_ Alto agI."e~ment be ~x.tended for the second year, as approved byCi~y CQunoi.l()nOctol:lf~rp,c2.008. Six months priortotheex.piration of the two year pilot program, a recommendation will be formulated and presented to City Council for the provision of ongoing Destination Palo Alto efforts for their review and action. RESOURCE IMPACT The first year of Destination Palo Alto Visitor Program was funded through an allocation of the City'S General Fund for FY 2009. The amount of the funding allocated for the program was based on the expected growth in hotel occupancy that results from implementation of the program. The expected growth in occupancy was estimated to'be 5 percent, which translates into $240,000. Because of the lag time between the booking 'of events and the actual event itself, the time frame for the collection of quantifiable data is affected. For this reason, data is expected next year that will quantify results and assist in evaluating program effectiveness. Staff does believe however, that the City's hotel stays have benefited by the efforts of the Destination Palo Alto program. Metrics to evaluate this impact will be a part of the reporting for Destination Palo Alto for fiscal year 2010. The Destination Palo Alto program is a two-year pilot with $240,000 for the second year allocated as a part of the 2009-11 budget. ENVIRONMENTAL REVIEW This action by the City Council is not considered a project pursuant to Section 21065 of the California Environmental Quality Act. PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: CMR: 386:09 USAN BARNES Manager conomic Develop entlRedevelopment CURTIS WILLIAMS, Director Planning and Community Environment anager 50f6 ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: CMR: 386:09 Letter extending contract to November 1,2009 CMR 335:08: Approval of an Agreement Between San Mateo County Convention and Visitors Bureau and the City of Palo Alto for the Provision of Destination Palo Alto Visitorship Services Agreement between San Mateo County Convention and Visitors' Bureau and the City of Palo Alto Destination Palo Alto 3rd Quarter Report Letters of Support 60f6 October 15, 2009 Anne Le Clair San Mateo CountylSilicon Valley Convention and Visitors Bureau 111 Anza Boulevard. Suite 410 Burlingame, CA 94010 Dear Anne, ATTACHMENT A This Will amendtbe extension agreed upon by both partIes on Septernher 14. 2009. This confirms thatthe the City of Palo Alto (City) and the San Mateo County/Silicon Valley Convention and Visitor's Bureau - (CVB) w.aive the 30 day notice period provided in Paragraph 2o'f the contr~.ct for Destin-atioli Palo Alto services (City of Palo Alto Contract No $09126967) and that'the City oan extend the contract for up to one year by providing wi:lttennotice to fheConsulfant anytime prjorto J\!ovember6, 2.009. Th.is Jetter shall serve as official notification by both parties that the first year contract will be extended through November 6, 2009 inarder to give the City the r:Iecessary time to exetci.se its option for an additional one year term. It also serves as wrltten ass·tJrance from the City of Palo Alto that (pro-rated) 'payment will be made by the City to the eVB through November 6. an~ that al10ther contractual requirements wjllremain in force through that da.te. Should the City of Palo Alto elect not to extend the agreement for a second year, it shall provjde written notlce to cve and the Con'trac! shall contin.ue for 60 days fO\fowif:rg such writ~n notice, During this BOday period, the City will pay eva.a pro-rated portion of the contract amount and eVB wiil continue to perform the work describeOln the Contract. . Very truly yours, James City Manager. City of Palo Alto 250 Hamilton Avenue Palo Alto: CA 94301 President and Ohief Executive Officer San Mateo CountyfSJlicon Valley Convention and Visitor's B.ureau 111 Anza Boulevard. Suite 410 Burlingame, CA 940.1 0 ATTACHMENTB City of PallO Altn City Manager~s Report ---~.-... --~--~-.." .... ----_._----,-.""""~.--------"-"""""",-~--.",,,,,,,,--"<------,,,-~----...-....... -.-....,,~,~ TO: . HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: OCTOBER 6, 2008 DEPARTMENT: CITY MANAGER'S OFFICE CMR: 335:08 SUBJECT: Approval Of An Agreement Between San Mateo County Convention And Visitors Bureau And The City Of Palo Alto For The Provision Of Destination Palo Alto Visitorship· Services In The Amount Of $215,000 For Fiscal Year 2008-09 And $240,000 For Fiscal Year 2009- 10 And Approval Of An Agreement Between The Palo AJto Weekly And The City Of Palo Alto For The Provision Of The Destination Palo Alto Website Update And Revision, Visitor Guide And Associated Services In The Amount Of $25,000 For FiscalYear 2008·09 RECOMMENDATION Staff recommends that Council: 1. Authorize the City Manager or his designee to execute the ?ttached agreement with San Mateo County Convention and Visitors Bureau (Attachment A) in an amount not to exceed $455,000 for visitorship services for fiscal year 2008-09 and fiscal year 2009-10 .. 2. Authorize the City Manager or. his designee to execute. the attached . agreement with the Palo Altb Weekly (Attachment B) in an amount not to exceed $25,000 for fiscal year 2008-09 for Destination Palo Alto website update and revision, visitor guide and associated services. . BACKGROUND In October 2005, the City Council, through a Colleague's Memo authored by then Vice Mayor Kleinberg and Council Members Beecham and Mossar, directed staff to agendize a Council discussion that would explore enhancing Palo Alto's economy by improving visitor outreach. The motion was approved unanimously. /' In February 2006, staffretumed to City Council and was directed to convene a committee of stakeholders for a Palo Alto visitorship effort. The committee, Destination Palo Alto, CMR: 335:08 1 of 5 was chaired by the City Manager and held its first meeting on March 15, 2006. Stakeholders included: the Palo Alto Chamber of Commerce, Stanford Athletics, Palo Alto Business Improvement District, Palo Alto Weekly, Stanford Visitor's Center, Palo Alto Online, California A venue Area Development Association (CAADA), Stanford Shopping Center, Stanford University, Town and Country Shopping Center, Palo Alto Arts Center and business representatives from the hotel, retail and hospitality industries. The goals of Destination Palo Alto included the development of a specific, actionable and achievable plan that would strengthen visitorship in Palo Alto. Three key objectives included: 1. Increasing visitors to Palo Alto 2. Promoting return visitorship to Palo Alto 3. Increasing visitors stay, using additional amenities and spending more locally, On April 14, 2008, City Council directed staff to issue a Request For Proposal (RFP) for visitorship services through Destination Palo Alto to enhance the Palo Alto economy and authorized staff to describe and link the Destination Palo Alto website to the City of Palo Alto website. In addition, staff was directed to include $240,000 for the Destination Palo 'Alto program in the 2008-09 proposed budget and $240,000 in the 2009-10 proposed budget. Based on an estimate. by the Administrative Services Department, a formula was identified for estimating the City's return on its investment for Destination Palo Alto. Based on a 5% increase in the transient occupancy tax for the five largest hotels in Palo Alto, the growth in revenue was calculated to be approximately $240,000 yearly. This amount is proposed for two years as a part of the 2008-09 and 2009-'10 budgets. DISCUSSION Solicitation Process The Destination Palo Alto Request for Proposal's (RFP) was issued May 12, 2008 with' proposals due on June 10, 2008. Four proposals were received from the following groups: • The Placemaking Group • Rabuck/Stranger • Alison Williams • San Mateo County Convention and Visitors Bureau and Palo Alto Weekly (with Palo Alto Chamber of Commerce as a designated subconsultant) Copies of each proposal were distributed to an evaluation panel comprised of the following members: Dan Fenton, CEO of Team San Jose, San Jose Convention and Visitors' Bureau Jim Rebosio, Palo Alto Sheraton and Westin hotels Bob Carruesco, Stanford Athletics Lalo Perez, Director, Administrative Services Department Erik Jacobsen, Three Story Studio CMR: 335:08 20f5 Khashayar Alaee, Community Services Department Susan Barnes, Economic Development Manager Interviews with the evaluation panel were set for July 3, 2008. Prior to the interview, Rabuck/Stranger withdrew from the process. On July 3, interviews were held with The Placemaking Group and San Mateo Convention and Visitors Bureau, Palo Alto Chamber of Commerce, and Palo Alto Weekly. As a result of the interview with San Mateo Convention and Visitors Bureau, Palo Alto Chamber of Commerce, and Palo Alto Weekly (SMCCVB, PAW, PACC), the evaluation panel requested that a second interview be scheduled with this group for July 17. In addition, Alison Williams who was unable to participate in the interview on. July 3, was scheduled for an interview on July 17th . On July 1 ih, Alison Williams was interviewed in person by the evaluation panel. The evaluation team also conducted a second interview with the San Mateo Convention and Visitors Bureau, Palo Alto Chamber of Commerce, and Palo Alto Weekly. Proposals 'were evaluated according to the following criteria: • Quality and completeness of proposal • Qualityand effectiveness of the solution or services provided by the proposer • Proposers' track record in delivering visitor services and evaluation of the effectiveness of services, including the experience of staff to be assigned to the project, and the engagement of similar scope and complexity to the City of Palo Alto • Cost to the City of Palo Alto • Proposer's financial stability • Proposer's ability to perform the work within the time specified As a result of the RFP evaluation process, the evaluation team evaluated the proposers, providing an aggregate score as follows: Proposer San Mateo CCV, PAW, PACC The Placemaking Group Alison Williams Aggregate Score 590 459 332 The San Mateo County Convention and Visitors Bureau (SMCCVB, PAW, PAC C) proposal was the top-ranked proposal. The proposer's combination of national and international expertise, combined with local experience, was determined to be the best fit for the provision of a targeted vision and implementation plan for Destination Palo Alto. The SMCCVB, PAW, PACC proposal will address the provision of visitorship services for Palo Alto from a local, regional, international and media perspective. The SMCCVB, CMR: 335:08 30f5 in a subcontracting relationship with the Palo Alto Chamber of Commerce will establish a local visitor center, open seven days a week. In addition to the local marketing effort, the SMCCVB has a strong track record of providing national and international marketing to tour providers and the tourism industry, in general. The Palo Alto Weekly will modify the Destination Palo Alto website and calendars to reflect current market research and develop a new, glossy restaurant guide and revised rack brochure. The SMCCVB will also integrate Palo Alto into its efforts, renaming the visitors bureau the Silicon Valley/San Mateo Convention and Visitors Bureau. In addition, the SMCCVB will initiate a contract with Godbe Research to create a fonnal research plan and conduct surveys to evaluate Palo Alto visitors' perception of the area and what factors draw them to Palo Alto. Based on this research, SMCCVB will design a "branding" campaign and outreach plan to entice visitors to visit and stay longer in Palo Alto. RESOURCE IMPACT The first year of the Destination Palo Alto Visitor Program will be funded through an allocation from the City'S General Fund for FY 08-09. The amount of funding allocated for the program is based on the expected growth in hotel occupancy that results from . implementation of the program. The expected growth in occupancy is estimated to be 5 percent, which translates into $240,000. $240,000 is included in the 2008-09 Adopted Budget for the Destination Palo Alto Visitor Program. Staff intends for the program to be a two-year pilot with $240,000 for the second year being proposed as part of the 2009-10 budget. POLICY IMPLICATIONS Staff will provide City Council with annual reports and a recommendation for further funding options prior to the end of the two year contract period. ENVIRONMENTAL REVIEW This action by the City Council is not considered a project pursuant to Section 21065 of the CalifomiaEnvironmental Quality Act. ATTACHMENTS Attachment A: Attachment B: CMR: 335:08 . Agreement between San Mateo County Convention and Visitors' Bureau and the City of Palo Alto Agreement between Palo Alto Weekly and the City of Palo Alto 40f5 Prepared By: anager Economic Development/ Redevelopment Department Head: _Q""". ~-="-",----=-_\N-",---:-~=,-",,,,''-L..::..~--'-__ CURTIS WILLIAMS, Interim Director Planning and Community Environment City Manager Approval: ~ 2 /f. f cP/ JAM ENE City ager CMR: 335:08 50f5 , I .. AGREEMENT FOR PROFESSIONAL SERVICES CITY OF PALO ALTO CONTRACT NO. S09126967 Attachment A AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SAN MATEO COUNTY CONVENTION & VISITORS BUREAU FOR PROFESSIONAL SERVICES (DESTINATION PALO ALTO) . . . This AGREEMENT is entered into October 6, 2008 by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and, SAN MATEO COUNTY CONVENTION & VISITORS BUREAU, a California Corporation, located at 111 Anza Blvd., Burlingame, California ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to hire a consultant for Visitor Promotion ("Project") and desires to engage a consultant to assist in connection with the Project ("Services"): B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in relianc~ on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, . this Agreement, the parties agree: AGREEMENT SECTION L SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The perforn1ance of all Services shall be to the reasonable satisfaction of CITY. final 1 SECTION2.TERM~Theterrrl()rihisA.greement wiil commence on October 20, 2008 and shall continue for a period not to -exceed one year terminating on October 19, 2009. The City has the right to extend the term of this Agreement for one additional one year period, based upon the same conditions of the initial term. The City shall notify CONSULTANT in writing of its exercise of its option for an additional one year term not less than thirty days prior to the end of the then current term. The obligation of CONTRACTOR to perform the Services will commence in accordance with the time schedule set forth in Exhibit "A" unless terminated ea.rlier pursuant to Section 19 of this Agreement. SECTION 3 .. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. iilly Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Four Hundred Fifty Five Thousand Dollars ($455,000). The applicable rates and schedule of payment are set out in Exhibit "B", entitled "SCHEDULE OF PERFORMANCE/COMPENSATION," which is attached to and made a part of this Agreement. . .' -. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "B". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit invoices to the CITY consistent with· the deliverables and schedule of events as delineated in Exhibit "B' describing the services performed and the applicable charges. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervISIOn. CONSULTANT represents that it possesses the professional and technical personnel final 2 necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perfonn'the Servfcesassighed to them: CONSULTANT' represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, pennits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard, and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and' local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this' Agreement. CONSULT ANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to . . CITY, provided CITY gives notice to CONSULT ANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9~' [Intentionally Deleted.] SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and bean independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULT ANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: 1. Palo Alto Chamber of Commerce final 3 CONSULTANT shalrbe responsibleforCdireetingthe work of its subconsultantsand for any compensation due to subconsultants, CITY assumes no responsibility whatsoever concerning compensation, CONSULT ANT shall be fully responsible to CITY for all acts and omissions of a subconsultant CONSULTANT shall change or add sub consultants only with the prior approval of the city manager or his designee, SECTION 13. PROJECT MANAGEMENT-CONSULTANT will assign Anne LeClair as the project director to have supervisory responsibility for the performance, progress, and execution of the Services and to represent CONSULTANT during the day- to-day work on the Project If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to· the prior written approval of the CITY's project manager. CONSULTANT, .at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, The City's project manager is Susan Barnes, Economic Development Manager, Palo Alto, CA 94303, Telephony:(650)-329-2604 .. The project manager will be CONSULTANT's point of contact with respect to perforinance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests created in the performance of the Services and intended to be delivered to the CITY under this Agreement (the Deliverables) shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the Deliverables pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in· favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULT ANT makes no representation of the suitability of the work product for use iri or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintainand retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16, l. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold hannless CITY, its Council members, officers, employees and agents final 4 (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or-injury to any person,property damage orany other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemni'fied Party. 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain ahd maintain, in full force and effect during the term ofthis Agreement, the insurance coverage described in . Exhibit "D". CONSULT ANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California.. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical msuranCe coverage, naming CITY as, an additional insured under such' policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently. with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided 10 CITY's Purchasing Manager during the entire term of this Agreement. final 5 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The city manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with cause, by giving sixty (60) days prior written notice thereof to CONSULTANT. For puposes of this provision, cause to terminate shall consist of: (1) material breach of this Agreement or (2) commission of fraudulent practices., Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. , 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of Deliverables, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULT ANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. If this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such detennimition may be made by the City Manager acting in the reasonable exercise ofhislher discretion 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will . operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: final To CITY: Office ofthe City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager 6 To CONSULTANT:A-ttention oftheproject director . atthe addressoLCONSULTANTrecitedabove SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will. not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California .. 21.3. If the Project Manager determines that CONSULTANT is a ':Consultant" as that term is defined by the Regulations .of the Fair Political Practices Commission, CONSULT ANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the . Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "E." . SECTION 23. MISCELLANEOUS PROVISIONS. 23.1. This Agreement will be governed by the laws oJ the State of California. 23.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California .. 23.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. final 7 23.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, eitherwritten or oral. This document may be amended only by a written' instrument, which is signed by the parties. 23.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 23.6. If a court of competent jurisdiction finds or rules that any provIsIOn of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 23.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 23.8. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section 23.8 shall take precedence in the event of a conflict with . any other covenant, term, condition, or provision of this Agreement. 23.9. The individuals executing thisAgreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. final 8 IN WITNESS WHEREo.F, th~ parties hereto have by their duly authorized representatives executed this Agreement on the date first above written: CITY o.F PALO ALTO ------------,--- City Manager APPRo.VED AS TO. Fo.RM: Senior Asst. City Attorney APPRo.VED: Director of Administrative Services Attachments: EXHIBIT "A": SCo.PE o.F Wo.RK [CONSULTANT] By: {)/vw.£ 91 "df2Ca{A Name: o'.Y\.V\t y. LtOa.iv Title:4>t!isi atl\!:-tt Gr:O EXHIBIT "B"; EXHIBIT "C": SCHEDULE o.F PERFo.RMANCE/Co.MPENSATIo.N INSURANCE REQUIREMENTS EXHIBIT "D": CERTIFICATIo.N OF NONDISCRThtIINA TIo.N final 9 ·Exhibi~ A Destination Palo Alto FY 2008·09 and FY 2009-10 Scope of Services Milestones and Timeline: Quarterly reports will be provided to the City of Palo Alto. These will include (but are not limited to): • Number of leads identified, generated • . Total potential economic impact of leads generated -Total number of room nights booked • Targets reached for non-peak nights • Events booked -Packages created • PACE Report with comparison to prior year -Hotel occupancy comparison with TOT comparison (by month, year) • Number of visitors, inquiries to Visitor Center • Number of visitors to DPA website • Report on average daily spending by overnight visitors to Palo Alto I) Number of fam* tours and fam tour attendees (including descriptions of size of potential accounts) .• Media updates (including list of articles/online pieces, broadcasts generated) -International fam tour updates • Advertising reportsincli..iding publh::ations of advertisements about Palo Aito that have been featured and audience size reached . Activities to achieve Milestones Year One Quarterly Reports will include a report on milestones and activities achieved each quarter. Activities for Quarter One I) Begin dissemination of meeting leads to Palo Alto properties I) Go to all Palo Alto hotels and motels for "need dates" to be included in bimonthly planner blast I) Hold initial meeting of Destination Palo Alto Advisory Committee and begin building local visitor database for future email special and calendar updates. Determine information they would like to see collected in survey I) Set up a visitor center within the Palo Alto Chamber office, including signage, Destination Palo Alto phone line, personnel to staff, and signage 1 <II Contract with Godbe Research, create forma! research plan and surveys to get feel for Palo Alto visitors' perception of the area, what will draw them there r etc. and begin research .. Secure buy-in of key Paio Alto properties wiliing to participate in Godbe Research surveying and begin formal research • Initiate meetings with Stanford Public Affairs representatives to determine how best Destination PA may get the word out about events, drive room nights and drive other locals and area visitors to special events. . • Initiate one-on-one meetings/discussions with Stanford Athletic Dept. heads to determine possible target events w/room nights, gather specs for individual fields and sports facilities at Stanford, and determine how Destination Palo Alto and SMCCVB may best promote upcoming sporting events, including packaging with hotel room nights • Add all key Palo Alto players /groups to list solicited for upcoming events by SMCCVB and begin inclusion of PA events in published and online calendars • Gather Palo Alto property information and incorporate all Palo Alto properties into meeting planner guide, visitor guide and include on SMCCVB website • Issue press release to all major meeting planner publications, announcing coverage of Palo Alto, highlighting key selling point;; of area • COritactall meeting planners in SMCCVB data base, orienting them to Palo Alto and invite them out for site visits . • Contact all meeting planners who have not considered the Bay Area due to airport area concerns and explain that we have a great non-airport area for them to see . • Conduct training for Palo Alto hotel sales managers on how best to work with SMCCVB-generated leads, etc. and instruct all Palo Alto hotels on how to participate in the broad,national "hot dates" program paid for by the CVB, in which they may go online themselves and add hot dates/rates to a site aimed at planners seeking last minute bookings; . • M~ke site visits (SMCCVB sales team) to aI/ Palo Alto properties with meeting space to become familiar with group booking opportunities &I Complete site visits to all Palo Alto properties without meeting space (Internationalrrourism Development Director, Film Commissioner and Publications Manager/media outreach person) to become familiar, take photographs • Contact all internal customers, local customers and key groups (e.g., Palo Alto Downtown, Stanford) notifying them of new Visitor Center (fj Solicit Palo Alto properties' input for key trade shows of interest to their markets 2 @ I nform Palo Alto properties of upcoming shows for possible partnering; to determine level of interest in tour groups, particularly inbound international • Label all outgoing correspondence to meeting planners to generate meeting planner inquiries on the Palo Alto and its properties e Personally invite all past fam attendees back to see Palo Alto properties (Sales Team) • Feature Palo Alto venues ranging from unique Stanford University spots to downtown buildings and squares in emails to producers and filming scouts by the SMCCVB's film commissioner, touting them as fresh, undiscovered filming locations • Find Palo Alto angle in all media lead responses (e.g. "romance packages", green places to stay • Update all existing editorial used for outreach to include Palo Alto angle • Include Palo Alto special events and special hotel and motel promotions in SMCCVB's monthly emaiJ update to database of thousands of prospective visitors interested in visiting the Bay Area • Issue a special update-to our CTTC/SFCVB representatives overseas, notifying them of the change and describing Palo Alto and its properties in detail. Likewise, CTTC will be informed that Palo Alto is a key new area of promotion • Prepare and submit report of Destination PNSMCCVB activities to City of Palo Alto as specified in agreement Activities for Quarter Two • Continue research through Godbe Research, collecting sufficient data to be used in "branding"/outreach of Palo Alto area to entice more visitors into the area • Conduct Destination' Palo Alto Advisory Committee meeting to update group, determine progress, next steps . • Feature Palo Alto properties in fam tour for incentive meeting planners and fam for Jet Airways' top travel agents from India • Add new activities to work plan _ • Continue operation of visitor center, other activities initiated in prior quarter • Convene meetings with Stanford Medical Department chairs, soliciting info on medical research underway, recent breakthroughs, prospective groups to recruit; availability of expert speakers in particular areas of expertise for use in recruiting conferences • -RestruCture layout of SMCCVB/Silicon Valley visitor guide to break area into geographic sections and begin to address drivers of visits, as outlined in preliminary research results • Meet with representatives-of Stanford Alumni and Development offices to determine whether additional reunions/functions might be added with rooms assistance from SMCCVB e Feature Palo Alta properties in fam tour for incentive meeting planners 3 .. Meet with The Cribbs Group and representatives of Anthony Travel to discuss targeting of additional events by SMCCVB sales team • Continue dissemination of meeting leads to Palo Alto properties • Update PA area and properties in domestic and international meeting planner fam tours • Continue promoting Paio Aito in ali appropriate editorial outreach and responses .. Continue promoting individual Palo Alto locations to production companies and filming scouts • Prepare and submitreport of Destination PA/SMCCVB activities to City of Palo Alto as specified in agreement Activities for Quarter Three • Release results of phase one of formal research to City of Palo Alto and hold meeting of Destination Palo Alto Advisory Committee with Chamber to.discuss how best to capitalize on research results, determine progress made, additional activities needed • Add new activities to work plan • ContinLie operation of visitor center, other activities initiated in prior quarters • Bring travel media fam (national travel writer fly-ins) to Palo Alto • Conduct at least one additional fam tour that incorporates key Palo Alto properties and Palo Alto area . • Provide special flyer/information to Stanford summer camp reps for distribution to parents of summer camp enrollees; promoting stays while the children are attending the camps , • Broaden photo contest to include Palo Alto shots • Initiate meetings with Stanford academic department chairs to determine individual accomplishments, interests,events, possible . conferences/symposia that .could be targeted for the area and begin targeting .those meetings . •. Continue dissemination of meeting leads to Palo Alto properties • Continue meeting planner site visits to Palo Alto' properties • Continue inclusion of PA area and properties in domestic meeting planner fam tours, fam tours for international traVel agents, and all appropriate editorial outreach and responses • Continue promoting individual Palo Alto locations to production companies and filming scouts • Highlight Palo Alto at out of town reception for meeting planners (Midwest) II) Prepare and submit report of Destination PA/SMCCVB activities to City of . Palo Alto as specified in agreement Activities for Quarter Four 4 • Conduct additional research with-Palo AltoVisitors (Godbe, second phase summer snapshot .. Hold meeting of Destination Palo Alto Advisory Committee to determine progress made, additional activities needed e Add new activities to work plan • Continue operation of visitor center, other activities initiated in prior quarters • Feature and make Palo Alto hotel stops on fam tour for Sacramento, East Coast and Midwestern meeting planners • Conduct informal surveying of Senior Games attendees to determine per diem spending while at the games • Continue dissemination of meeting leads to Palo Alto properties • -Continue inclusion of PA area and properties in domestic and international travel agent meeting planner fam tours. • Continue promoting Palo Alto in all appropriate editorial outreach and responses • Continue promoting individual Palo Alto locations to production companies and filming scouts • Highlight Palo Alto at out of town reception for meeting planners (East Coast) • Prepare and submit report of Destination PAISMCCVB activities to City of Palo Alto as specified in agreement (this will include Quarterly and Annual Report with Milestones report-ed) Year Two Activities for First Quarter • Release phase two results from Godbe Research to City of Palo Alto and Destination Palo Alto Committee . • Conduct meeting of Destination Palo Alto Advisory Committee and use Phase two information to finalize branding of Palo Alto for vi~itors, review Phase 2 research information, determine and initiate next steps, additional . activities • Add new activities to work plan • Submit marketing plan and benchmarks for Year Two, Quarters two, three and four to City of Palo Alto. • Continue operation of visitor center, other activities initiated in prior quarters • Continue dissemination of meeting leads to Palo Alto properties " Continue inclusion of PA area and properties in domestic and international travel agent and meeting planner fam tours • Continue promoting Palo Alto in all appropriate editorial outreach and responses 5 t) Continue promoting individual Palo Alto -locations to produotion companies and filming soouts • Prepare and submit report of Destination PAfSMCCV8 aotivities to City of Palo Alto as specified in agreement Activities for Second Quarter • Continue dissemination of meeting leads to Palo Alto properties ., Continue inclusion of PA area and properties in domestio meeting planner fam tours • Additional benohmarks to be reported on, based on marketing plan submitted Quarter One, Year Two .Conduot meeting of Destination Palo Alto Advisory oommittee to ensure that all pmjeots are on task • Add new activities to work plan • Continue operation of visitor oenter, other activities initiated in prior quarters • Continue indusion of PA properties on fam tours for international travel agents • Continue promoting Palo Alto in new editorial content and in all appropriate editorial outreaoh and responses • Continue promoting individual Palo Alto looations to produotion oompanies and filming soouts • Modify SMCCVB and Destination Palo Alto website in keeping with the research .. Additional benohmarks to be reported on, based on marketing plan submitted Quarter One, Year Two . . . • Prepare and submit report of Destination PAISMCCVB activities to City of Palo Alto as specified in agreement . Activities for Third Quarter • Modify Destination Palo Alto website and oalendars as needed, based upon final researoh • Hold meeting of Destination Palo Alto Advisory oommittee to ensure that all projects are on task • Conduot Destination Palo Alto Committee meeting to reflect on progress to date and next steps • Add new activities to work plan • Continue operation of visitor oenter, other activities initiated in prior quarters . • Continue dissemination of meeting leads to Palo Alto properties • Continue inclusion of PA area and properties in domestio meeting planner fam tours 6 III Continue inclusion of PApropeiiies oncfamctou(Sfor fnternaHbtlal'travel c. agents It Continue promoting Palo Alto in ali appropriate editorial outreach and responses ., Continue promoting individual Palo Alto locations to production companies and filming scouts • Prepare and submit report of Destination PAISMCCVB activities to City of Palo Alto as specified in agreement Activities for Fourth Quarter • Conduct Destination Palo Alto Committee meeting to reflect on progress to date and next steps • Assist in crafting recommendations for ongoing Destination Palo Alto operations • Add new activities to work plan • Continue operation of visitor center, other activities initiated in prior quarters • Continue dissemination of meeting leads to Palo Alto properties • Continue inclusion of PA area and properties in domestic meeting planner fam tours ' • Continue inclusion of PA properties on fam tours for international travel agents • Continue promoting Palo Alto in all appropriate editorial outreach and responses • Continue promoting individual Palo Alto locations to production companies and filming scouts • Prepare and submit report of Destination PAISMCCVB activities to City of Palo Alto as specified in agreement (this will include Quarterly and Annual Report with Milestones reported) , • Prepare final report with recommendations for Destination Palo Alto efforts goingforward including information from DPA committee, stakeholders and others 7 \Exhibit B Destiriatjon Palo A9t~ Payment Schedule FY 2008-~010 Payments will be made according to the following schedule: Payment 1 Payment 2 Payment 3 Payment 4 Payment 5 . Total Payments To SMCCVB Payment 1 Payment 2 Payment 3 Payment 4 Total Payments $30,000 $50,000 $45,000 $45,000 $45,000 Within 30 days of contract signing Completion of First quarter following submission/approval of quarterly report Completion of Second quarter Following submission/approval of quarterly report Completion of Third quarter Following submission/approval of quarterly report Completion of Fourth quarter following submission/approval of quarterly report and acceptance of annual report on milestones $215,000 Year One FY 2008-09 $60,000 .. $60,000 $60,000 Completion of First quarter· Following submission/approvalof quarterly report Completion of Second quarter Following submission/approval of quarterly report Completion of Third quarter Following submission/approval of quarterly report Completion of Fourth quarter Following submission/approval of quarterly report and acceptance of annual report on milestones including recommendations for Destination Palo Alto $240,000 Year Two FY2009-10 EXHIBITC INSURANCE REQIREMENTS CONTRACTORS TO mE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE Cm·ffRACT OBTAIN AND MAiNTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH A BEST'S KEY RATING OF A-:VIJ, OR HIGHER, LICENSED OR AUTHOruZED TO , TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. ,. ' AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUJR.:J3!viENTS, AS SPECIFIED, BELOW: MlNIMUM LIMITS . I REQUIRED TYPE OF COVERAGE REQUIREtvfENT , EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY YES AUTOMOBILE LIABILITY STATUTORY BODIL Y INJURY $1,000,000 $1,000,000 YES COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL PROPERTY DAMAGE $1,000,000 $1,000,000 INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, BODIL Y INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 AND FIRE LEGAL LIABILITY COtvlBINED. BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON Sl,OOO,OOO Sl,OOO,OOO COMPREHENSIVE AUTOMOBILE -EACH OCCURRENCE SI,OOO,OOO $1,000,000 YES LIABILITY, INCLUDING, OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODlL Y INJURY AND PROPERTY DAMAGE, $1,000,000 $1,000,000 COtvlBINED NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO Al TO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE, '~ SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS SUBCONSULTANS, IF ANY, BUT ALSO,WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. L INSURANCE COVERAGE MUST INCLUDE: II. A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B, A CONTRACTUAL LIABILITY' ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY -SEE SAMPLE AGREEMENT FOR SERVICES. SUBMIT CERTIFICA 1E(S) OF INSURANCE EVIDENCING REQUIRED COVEFAGE, OR COMPLETE THIS SECTION AND IV THROUGH V, BELOW. ?\S. $'tf O-.t1~c ktd ,,~~'£"\. A. NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER): B. NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENTfBROKER: C. POLICY l'lUMBER{S): D. DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRlOR APPROVAL): III. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AND PROPOSER'S SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN. IV. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES" A. PRIMARY COVERi\GE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY SHALL NOT, FOR THAT-REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT tHIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER lHIS POLICY. C. NOTICE OF CANCELLATION 1. . IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTIffiR 1RAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TIlIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. V. PROPOSER CERTIFIES THAT PROPOSER'S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: THE INFORM A nON HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S)BELOW. SIGNA TURE(S) MUST BE SAME SIGNATURE(S) AS APPEAR(S) ON SECTION fl, ATTACHMENT A, PROPOSER'S INFORMATION FORM. Finn: Signature: Name: Signature: Name: NOTICES SHALL BE MAILED TO: A. Workers Compensation: Employers Compensation Insurance Co. 255 California Street. Suite 300 San Francisco, CA 94111-4904 Property, General Liability, Auto: Great American Insurance Group 580 Walnut Street Cincinnati, OH 45202 B. Johndrow, Leveroni, Vreeburg 845 Marshall Street Redwood City, CA 94063 (650) 369-2921 C. Workers Compensation: FN 032232405 Property, General Liability, Auto: PAC 346-00-86 D. No deductibles on anything but property which has a deductible of$500. EXHIBIT D CertificaHon of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed belO\AJ certify that they do not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; jhat they are in compliance withal! Federal, State and local directives and execuf1ve orders regarding nondiscrimination in employment. 1. If Proposer is INDIVIDUAL, sign here: Date: ------ Proposer's Signature Proposer's typed name and title 2. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the Joint Venturers shall sign here: Partnership or Joint Venture Name (type or print) Date: ------ Date: _____ _ Member· of the Partnership or Joint Venture· signature Member· of the Partnership or Joint Venture signature 3. If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: The undersigned certify that they are respectively: Of the corporation named below; that they designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary's certificate of authorization) for and on behalf of the below named CORPORATION. and that they are authorized to execute same for and on behalf of said CORPORATiON. Corporation Name (type or print) Date: San Mateo County Convention & Visitors Bureau Board of Directors Meeting Minutes Hiller Aviation Museum June 16, 2005 LeClair presented the benefits to the entire county and Palo }\lto of including Palo .~Jto in the San Mateo County BID. Following her presentation, Lewin noted that it was a good idea and made a motion to move forward with the action steps presented; seconded by Moore and approved by all. San Mateo County Convention & Visitors Bureau Board of Directors Meeting Minutes Westin Hotel, Millbrae August 18, 2005 The Executive Committee recommends that we proceed by offering the services to all properties in Palo Alto. Motion by Carlton to move forward with the Executive Committee recommendation, second by Lewin, approved by all. ATTACHMENT B AGREKMENT FOR PROFESSIONAL SERVICES CITY OF PALO ALTO CONTRACT NO.S09129386 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND EMBARCADERO PUBLISHING COMPANY FOR PROFESSIONAL SERVICES (DESTINATION PALOALTO) This AGREEMENT is entered into October 6, 2008 by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California (ItCITY"), and, EMBARCADERO PUBLISHING COMPANY, a California Corporation, 703 High Street., Palo Alto, California ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to hire a consultant for Visitor Promotion ("Project") and desires to engage a consultant to assist in connection with the Project ("Services"). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULT ANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. . NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement will commence on October 20, 2008 and shall continue for a period not to exceed one year terminating on October 19, 2009. final SECTION 2. TER.:H. The term of this Agreement will commence on October 20, 2008 and shall continue for a period not to exceed one year terminating on October 19, 2009. The City has the right to extend the tem1 of this Agreement for one additional cne year period, based upon the same conditions of the initial term. The City shall notify CONSULTA~T in writing of its exercise of its option for an additional one year term not less than thirty days prior to the end of the then current term. The obligation of CONTRi\CTOR to perform the Services will commence in accordance with the time schedule set forth in Exhibi t "A" unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORl\JANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "A", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Twenty-Five Thousand Dollars ($25,000). The applicable rates and schedule of payment are set out in Exhibit "A", which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "A". CONSULTANT shall not receive any compensation for Additional Services perfOlmed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit invoices to the CITY consistent with the deliverables and schedule of events as delineated in Exhibit "A' describing the services performed and the applicable charges. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. . SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be perfOlmed by CONSULTANT or under CONSULTANT's supervISIon. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT final 2 represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement alllicense§,.pennits, qualifications,· insurance and approvals of whatever nature that are legally required to perform the .Services. All· of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE \VITH LAWS .. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any maImer the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all penuits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive tennination of the Agreement. SECTION 9. [Intentionally Deleted.] SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in perfonning the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor andlor materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of tbe CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULT ANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written consent of the city manager. Consent to one assigrunent will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees· that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perfonn work on this Project are: 1. Palo Alto Chamber of Commerce CONSULTANT shall be responsible for directing the work of its sub consultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever final 3 concerning compensation. CONSULTA:-..rT shall be fully responsible to CITY for all acts and omissions of a subconsultant.CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will aSSIgn Bill Johnson as the project director to have superv'isory responsibility for the performance, progress, and execution of the Services and to represent CONSULTANT during the day- to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City's project manager is Susan Barnes, Economic Development Manager, Palo Alto, CA 94303, Telephone:(650)-329-2604. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. Intentionally deleted SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, . CONSULT ANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. §ECTION 16. INDEM~ITY. 16. L To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an ~'Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. final 4 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of-indemnification. The provisions of this Section 16 shaIlsurvive the expiration oreaTly termination of this Agreement. SECTION 17. \VA1VERS. The \.vaiver by either party of any breach or violation of any covenant, tenn, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURt\NCE. IS.1. CONSULTANT,at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULT ANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 1S.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical Insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution. of this Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is· primary coverage and will not be canceled, or materially reduced. in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' priOI' written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term of this Agreement. lS.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULT ANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERtvUNATION OR SUSPENSION OF AGREEMENT OR SERVICES. final 5 19.1. The city manager-may suspend the performance of the Serv'ices, in whole or in part, or terminate this Agreement with cause, by giving sixty (60) days. prior written notice thereof to CONSUL TA)l"T. For puposes of this provision, cause to terminate shall consist of: (1) material breach of this Agreement or (2) commission of fraudulent practices. Upon receipt of such notice, CONSCLTANT will immediately discontinue its perfomlance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but on.1y in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of Deliverables, whether or not completed, prepared by CONSULT ANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. If this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable of his/her discretion 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement.· SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office ofthe City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULT ANT' covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which' would conflict in any manner or degree with the performance of the Services. 21.2 . CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. final 6 CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo AltO Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices. Commission, CONSULTANT shall be required and agrees to file the approprIate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTAt"'fT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining , to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "E." SECTION 23. MISCELLANEOUS PROVISIONS. 23.1. This Agreement will be governed by the laws of the State of California. 23.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 23.3.' The prevailing patty in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value onegal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 23.4. This document represents the entire and'integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 23.5. The covenants, tenns, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 23.6. If a court of competent jurisdiction finds or rules that any proVISIOn of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. final 7 23.7. All exhibits referred to in this Agreement· and any addenda, appendices, attaclunents, and schedules to this which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 23.8. This' Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section 23.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 23.9. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. final 8 IN WITl'-IESS \VHEREOF, the parties hereto have by their duly autborized representatives executed this Agteement on the datefi·rst above\l/ritten. CITY OF PALO ALTO Ci ty Manager APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Director of Administrative Services Attachments: (CONSlJLTAN 1. /-) B~' Name: /tillt16'1J J/U1f<;J:t'- Title: F}'i'j~ £11 td.,'ti:d>'./;. P-4ht",:)& EXHIBIT "A": . EXHIB IT "B": SCOPE OF WORK/COMPENSATION INTENTIONALLY OMITTED EXHIBIT "C": EXHIBIT "D": final INSURANCE REQUIREMENTS CERTIFICATION OF NONDISCRIMINATION 9 Exhibit A Destination Palo Alto FY 2008-09 and FY 2009-10 Scope of Services: Emb~ucadero Publishing Co. (Palo Alto Weekly & Palo Alto Online) Coordinate and collaborate with the other Destination Palo Alto partners (San Mateo Convention & Visitors Bureau and Palo Alto Chamber of Commerce) to develop information resources in print and online aimed at visitors to the Palo Alto area, including: III Redesign, update and maintain the Destination Palo Alto Web site (http://www.destinationpaloalto.com) and enhance its local event . information offerings (First quarter of contract) • Develop and produce an updated "rack" brochure promoting the City of Palo Alto and containing map(s) to the retail centers of the city (Second quarter of contract) • Publish Visitors Guide twice a year and enhance its effectiveness through newly developed content and upgraded printing quality (Third quarter of contract) Payment schedule: $15,000 upon completion of website changes $ 5,000 upon completion of updated rack brochure $ 5,000 upon completion of Visitors Guide 1 EXHIBIT C INSlJRCANCE REQIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERI"! OF THE CONTRACT OBTAIN AND MAI}JTAIN fNSURANCE IN THE Alv10LJNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH A BEST'S KEY RATING OF A-;vIl, OR HIGHER, LICENSED OR AUTHORIZED TO TR-\NSACT INSURANcE BUSINESS IN THE STATE OF CALIFOR..\lIA. A WARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW; i , I MINIMUM LI1vIlTS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE I AGGREGATE YES WORKER'S COMPENSATION i STATUTORY I YES AUTOMOBILE LIABILITY STATUTORY BODiLY INJURY $j ,000,000 $i,OOO,OOO YES COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL PROPERTY DAMAGE $1,000,000 $1,000,000 INJURY, BROAD FORlvl PROPERTY DAMAGE BLANKET CONTRACTUAL, BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 AND FIRE LEGAL LLl\BILITY COMBINED. BODlL Y INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 COMPREHENSIVE AUTOMOBILE . EACH OCCURRENCE $1,000,000 $1,000,000 YES LIABILITY, INCLUDING, OWNED, HIRED, NON·OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY DAMAGE, $1,000,000 $1,000,000 COMBINED I YES!~(l PROFESSIONAL LIABILITY, 'fBD INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN,IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS SUBCONSULTANS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. J. INSURANCE COVERAGE MUST INCLUDE; A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO fNDEMNIFY CITY SEE SECTION TBD, SAMPLE AGREEMENT FOR SERVICES. II SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND IV THROUGH V, BELOW. A. NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER); B. NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURA.NCE AGENTiBROKER; I C. POLICY NL1-tIBER(S): D. DEDUCTIBLE ANiOlfl'lT(S) (DEDUCTiBLE A;vlOL1'''TS IN EXCESS OF $5,000 REQUiRE CITY'S PRIOR APPROVAL): llI. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AND PROPOSER'S SUBMITIAL OF CERTIFICATES OF INSURANCE EVlDENCIN<J COMPLIANCE WITH. THE REQUIREMENTS SPECIFIED HEREIN. . IV. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES" B. WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERA. TIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES. THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLlCY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLlCY. C. NOTICE OF CANCELLA TION I. IF THE POLICY IS CANCELED BEFORE ITS EXpmATION DATE FOR ANY REASON OTHER THAN THE NON·P A YMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVlDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. . 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON·PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (l0) DAY WRITIEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. V. PROPOSER CERTIFIES THAT PROPOSER'S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNA TURE(S) BELOW. SIGNATURE(S) MUST BE SA]\JE SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER'S INFORMATION FORM. Firm: Signature: Name: Signature: Name: NOTICES SHALL BE MAILED TO: 1 PURCHASING AND CONTR-\CT ADMIl'lISTRATION CITY Or: PALO ALTO P.O. BOX 10250 P ALO ALTO, CA 94303. 2 EXHIBIT 0 Certification of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; that they are incompliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. 1. If Proposer is INDIVIDUAL, sign here: Date: ------- Proposer's Signature Proposer's typed name and title 2. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the Joint Venturers shall sign here: Partnership or Joint Venture Name (type or print) Oate: ______ _ Date: ------- Member of the Partnership or Joint Venture Signature Member of the Partnership or Joint Venture signature 3. If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: {that they are respectively: -~~~~~~~--~-----------and Title Of the corporation named below: that they are designated to sign the Proposal Cost Form by resolution (attach a certified G9PY, with corporate seal, if applicable, notarized as to its authenticity or Secretar;'s certificate of authorization) for and on behalf of the below named CORPOR,~TION, and that they are authorized to execute same for and on behalf of said CORPORATION. Corporation Name (type or print) Date: Title: ___________________ _ Date: ATTACHMENT C I , I AGREEMENT FOR PROFESSIONAL SERVICES- CITY OF PALO ALTO CONTRACT NO. S09126967 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SAN MATEO COUNTY CONVENTION & VISITORS BUREAU FOR PROFESSIONAL SERVICES (DESTINATION PALO ALTO) This AGREEMENT is entered into October 6, 2008 by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of Cali fomi a ("CITY"), and, SAN MATEO COUNTY CONVENTION & VISITORS BUREAU, a California Corporation, located at 111-Anza Blvd., Burlingame, California ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to hire. a consultant for Visitor Promotion ("Proj ect") and desires to engage a consultant to assist in connection with the Project ("Services"). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services desclibed in Exhibit "A" in accordance with the tern1S and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. final SECTION 2. TERM. The telTIl of this Agreement will commence on October 20, 2008 and shall continue for a period not to exceed one year terminating on October 19, 2009. The City has. the right to extend the telTIl of this Agreement for one additional one year period, based upon the same conditions of the initial telTIl. The City shall notify CONSULTANT in writing of its exercise of its option for an additional one year telTIl not less than thirty days prior to the end of the then current telTIl. The obligation of CONTRACTOR to perfolTIl the Services will commence in accordance with the time schedule set forth in Exhibit "A" unless telTIlinated earlier pursuant to Section 19 of this . Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the telTIl of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to a.lld made a part of this Agreement. Any Services for which times for perfolTIlance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the telTIl or the schedule for perfolTIlance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for perfolTIlance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Four Hundred Fifty Five Thousand Dollars ($455,000). The applicable rates and schedule of payment are set out in Exhibit "B", entitled "SCHEDULE OF PERFORMANCE/COMPENSATION," which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "B". CONSULTANT shall not receive any compensation for Additional Services perfolTIled without the prior written authorization of CITY. Additional Services shall mean any work that is detelTIlined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit invoices to the CITY consistent with the deliverables and schedule of events as delineated in Exhibit HB' describing the services performed and the applicable charges. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be perfolTIled by CONSULTANT or under CONSULTANT's supervIsIon. CONSULTANT represents that it possesses the professional and technical personnel final 2 necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legalIy required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services. under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. [Intentionally Deleted.] SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager \vill be void. SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants autho~zed by CITY to perform work on this Project are: 1. Palo Alto Chamber of Commerce final 3 CONSULTANT shall be responsible for directing the work of its subcol1sultants and for any compensation due to subconsultants. CITY aSsumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assIgn Anne LeClair as the project director to have supervisory responsibility for the performance, progress, and execution of the Services and to represent CONSULTANT during the day- to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City's project manager is Susan Barnes, Economic Development Manager, Palo Alto, CA 94303,· Telephone:(650)-329-2604. The project manager. will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests created in the performance of the Services and intended to be delivered to the CITY under this Agreement (the Deliverables) shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the Deliverables pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNIT,X. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents final 4 (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to arty person, property damage or aiIyothedos's, including all costs and expenSes of whatever nature inch.iding'attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party, from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. ,\V AIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full forceand effect during the term of this Agreement, the insurance coverage described in Exhibit liD" . CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULT ANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term ofthis Agreement. final 5 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services perfoTIned under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The city manager may suspend the performance of the Services, in whole or in part,or terminate this Agreement, with cause, by giving sixty (60) days prior written notice thereof to CONSULTANT. Forpuposes of this provision, cause to terminate shall consist of: (1) material breach of this Agreement or (2) commission of fraudulent practices. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19 .2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and an copies of Deliverables, whether or not completed, prepared by CONSULT ANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. If this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise ofhislher discretion 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: final To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager 6 To CONSULTANT: Attention of the project director at"the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULT ANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing . status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "E." SECTION 23. MISCELLANEOUS PROVISIONS. 23.1. This Agreement will be governed by the laws of the State of California. 23.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 23.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. final 7 23.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representatiohs, mid contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 23.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. . 23.6. If a court of competent jurisdiction finds or rules that any provISIon of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions ofthis Agreement and any amendments thereto will remain in full force and effect. 23.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part ofthis Agreement. 23.8. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section 23.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 23.9. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. final 8 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the\iate~first above written. CITY OF PALO ALTO [CONSULTANT] .~~ t/~4~BY:" A.< ~ Crty, ager Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT HC": EXHIBIT "D": final ~) ) SCOPE OF WORK Name: =..""-ll"-"-"-""'-----"-~_= SCHEDULE OF PERFORMANCE/COMPENSATION INSURANCE REQUIREMENTS CERTIFICATION OF NONDISCRIMINATION 9 Exhibit A Destination Palo Alto FY 2008-09 and FY ':;W09-10 Scope of Services Milestones and TimeUne: Quarterly reports will be provided to the City of Palo Alto. These will include (but are not limited to): /1\ Number of leads identified, generated· /1\ Total potential economic impact of leads generated • Total number of room nights booked /1\ Targets reached for non-peak nights • Events booked • Packages created /1\ PACE Report with comparison to prior year • Hotel occupancy comparison with TOT comparison (by month, year) • Number of visitors, inquiries to Visitor Center • Number of visitors to DPA website • Report on average daily spending by overnight visitors to Palo Alto • Number of fam* tours and fam tour attendees (including descriptions of size of potential accounts) . • Media updates (including list of articles/online pieces, broadcasts generated) • International fam tour up.dates • Advertising reports including publications of advertisements about Palo Alto that have been featured and audience size reached Activities to achieve Milestones Year One Quarterly Reports will include a report on milestones and activities achieved each quarter.· Activities for Quarter One • Begin dissemination of meeting leads to Palo Alto properties • Go to all Palo Alto hotels and motels for "need dates" to be included in bimonthly planner blast • Hold initial meeting of Destination Palo Alto Advisory Committee and begin building local visitor database for future email special and calendar updates. Determine information they would like to see collected in survey ., Set up a visitor center within the Palo Alto Chamber office, including signage, Destination Palo Alto phone line, personnel to staff, and signage 1 • Contract with Godbe Research, create formal research plan and surveys to get feel for Palo Alto visitors' perception of the area, what will draw . them there, etc. and begin research • Secure buy-in of key Palo Alto properties willing to participate in Godbe Research surveying and begin formal research e Initiate meetings with Stanford Public Affairs representatives to determine how best Destination PA may get the word out about events, drive room nights and drive other locals and area visitors to special events e Initiate one-on-one meetings/discussions with Stanford Athletic Dept. heads to determine possible target events w/room nights, gather specs for individual fields and sports facilities at Stanford, and determine how Destination Palo Alto and SMCCVB may best promote upcoming sporting events, including packaging with hotel room nights o Add all key Palo Alto players /groups to list solicited for upcoming events by SMCCVB and begin inclusion of PA events in published and online calendars . • Gather Palo Alto property information and incorporate all Palo Alto properties into meeting planner guide, visitor guide and include on SMCCVB website • Issue press release to all major meeting planner publications, announcing coverage of Palo Alto, highlighting key selling points of area • Contact all meeting planners in SMCCVB data base, orienting them to Palo Alto and invite them out for site visits • Contact all meeting planners who have not considered the Bay Area due· to airport area concerns and explain that we have a great non-airport area for them to see • Conduct training for Palo Alto hotel sales managers on how best to work with SMCCVB-generated leads, etc. and instruct all Palo Alto hotels on how to participate in the broad, national "hot dates" program paid for: by the CVB, in which they may go online themselves and add hot dates/rates to a site aimed at planners seeking last minute bookin,gs; • M~ke site visits (SMCCVB sales team) to all Palo Alto properties with meeting space to become familiar with group booking opportunities • Complete site visits to all Palo Alto properties without meeting space (InternationallTourism Development Director, Film Commissioner and Publications Manager/media outreach person) to become familiar, take photographs .. Contact all internal customers, local customers and key groups (e.g., Palo Alto Downtown, Stanford) notifying them of new Visitor Center 6' Solicit Palo Alto properties' input for key trade shows of interest to their markets 2 " Inform Palo Alto properties of upcoming shows for possible partnering; to determine level of interest in tour groups, particularly inbound international • Label all outgoing correspondence to meeting planners to generate meeting planner inquiries on the Palo Alto and its properties • Personally invite all past fam attendees back to see Palo Alto properties (Sales Team) .. Feature Palo Alto venues ranging from unique Stanford University spots to downtown buildings and squares in emails to producers and filming scouts by the SMCCVB's film commissioner, touting them as fresh, undiscovered filming locations' • Find Palo Alto angle in all media lead responses (e.g. "romance packages", green places to stay -Update all existing editorial used for outreach to include Palo Alto angle • Include Palo Alto special events and special hotel and motel promotions in SMCCVB's monthly email update to database of thousands of . prospective visitors interested in visiting the Bay Area • Issue a special update to our CITC/SFCVB representatives overseas, notifying them of the change and describing Palo Alto and its properties in detail. Likewise, CITC will be informed that Palo Alto is a key new area of promotion • Prepare and submit report of Destination PAISMCCVB activities to City of Palo Alto as specified in agreement Activities for Quarter Two • Continue research through Godbe Research, collecting sufficient data to be used in "branding"loutreach of Palo Alto area to entice more visitors into the area . • Conduct Destination Palo Alto Advisory Committee meeting to update group, determine progress, next steps • Feature Palo Alto properties in fam tour for incentive meeting planners and fam for Jet Airways' top travel agents from India • Add new activities to work plan • Continue operation of visitor center, other activities initiated in prior quarter .. Convene meetings with Stanford Medical Department chairs, soliciting info on medical research underway, recent breakthroughs, prospective groups to recruit; availability of expert speakers in particular areas of expertise for use in recruiting conferences • Restructure layout of SMCCVB/Silicon Valley visitor guide to break area into geographic sections and begin to address drivers of visits, as outlined in preliminary research results • Meet with representatives of Stanford Alumni and Development offices to determine whether additional reunions/functions might be added with rooms assistance from SMCCVB .. Feature Palo Alta properties in fam tour for incentive meeting planners 3 1/ Meet with The Cribbs Group and representatives of Anthony Travel to discuss targeting of additional events by SMCCVB sales team fl Continue dissemination of meeting leads 10 Palo Alto properties • Update PA area and properties in domestic and international meeting planner fam tours e Continue promoting Palo Alto in all appropriate editorial outreach and responses • Continue promoting individual Palo Alto locations to production companies and filming scouts • Prepare and submit report of Destination·PAlSMCCVB activities to City of Palo Alto as specified in agreement Activities for Quarter Three • Release results of phase one of formal research to City of Palo Alto and hold meeting of Destination Palo Alto Advisory Committee with Chamber to discuss how best to capitalize on research results, determine progress made, additional activities needed 1\ Add new activities to work plan /I Continue operation of visitor center, other activities initiated in prior quarters ., Bring travel media fam (national travel writer fly-ins) to Palo Alto • Conduct at least one additional fam tour that incorporates key Palo Alto properties and Palo Alto area • Provide special flyer/information to Stanford summer camp reps for distribution to parents of summer camp enrollees, promoting stays while the children are attending the camps • Broaden photo contest to include Palo Alto shots • Initiate meetings with Stanford academic department chairs to determine individual accomplishments, interests, events, possible conferences/symposia that could be targeted for the area and begin targeting those meetings • Continue dissemination of meeting leads to Palo Alto properties • Continue meeting planner site visits to Palo Alto properties • Continue inclusion of PA area and properties in domestic meeting planner fam tours, fam tours for international travel agents, and all appropriate editorial outreach and responses • Continue promoting individual Palo Alto locations to production companies and filming scouts • Highlight Palo Alto at out of town reception for meeting planners (Midwest) " Prepare and submit report of Destination PAISMCCVB activities to City of Palo Alto as specified in agreement Activities for Quarter Four 4 • Conduct additional research with Palo Alto Visitors (Godbe;'secondphase summer snapshot .-, . .. Hold meeting of Destination Palo Alto Advisory Committee to determine progress made, additional activities needed ., Add new activities to work plan \II Continue operation of visitor center, other activities initiated in prior quarters • Feature and make Palo Alto hotel stops on fam tour for Sacramento, East Coast and Midwestern meeting planners • Conduct informal surveying of Senior Games attendees to determine per diem spending while at the games • Continue dissemination of meeting leads to Palo Alto properties II> Continue inclusion of PA area and properties in domestic and international travel agent meeting planner fam tours • Continue promoting Palo Alto in all appropriate editorial outreach and . responses • Continue promoting individual Palo Alto locations to production companies and filming scouts • Highlight Palo Alto at out of town reception for meeting planners (East Coast) • Prepare and submit report of Destination PAISMCCVB activities to City of Palo Alto as specified in agreement (this will include Quarterly and Annual Report with Milestones reported) Year Two Activities for First Quarter • Release phase two results from Godbe Research to City of Palo Alto and Destination Palo Alto Committee . . • Conduct meeting of Destination Palo Alto Advisory Committee and use Phase two information to finalize branding of Palo Alto for visitors, review Phase 2 research information, determine and initiate next steps, additional activities • Add new activities to work plan • Submit marketing plan and benchmarks for Year Two, Quarters two, three and four to City of Palo Alto. e Continue operation of visitor center, other activities initiated in prior quarters ,. Continue dissemination of meeting leads to Palo Alto properties .. Continue inclusion of PA area and properties in domestic and international travel agent and meeting planner fam tours . G> Continue promoting Palo Alto in all appropriate editorial outreach and responses 5 .. Continue promoting individual Palo Alto locations to p(Qductioncompanies and filming scouts . • Prepare and submit reportofDestinationPAlSMCCVB activities to City of Palo Alto as specified in agreement Activities for Second Quarter • Continue dissemination of meeting leads to Palo Alto properties • Continue inclusion of PA area and properties in domestic meeting planner fam tours • Additional benchmarks to be reported on, based on marketing plan submitted Quarter One, Year Two • Conduct meeting of Destination Palo Alto Advisory committee to ensure that all projects are on task ,. Add new activities to work plan • Continue operation of visitor center, other activities initiated in prior quarters • Continue inclusion of PA properties on fam tours for international travel agents • Continue promoting Palo Alto in new editorial content and in all , appropriate editorial outreach and responses • Continue promoting individual Palo Alto locations to production companies and filming scouts • Modify SMCCVB and Destination Palo Alto website in keeping with the research • Additional benchmarks to be reported on, based on marketing plan submitted Quarter One, Year Two • Prepare and submit report of Destination PAISMCCV8 activities to City of Palo Alto as specified in agreement Activities for Third Quarter • Modify Destination Palo Alto website and calendars as needed, based upon final research • Hold meeting of Destination Palo Alto Advisory committee to ensure that all projects are on task • Conduct Destination Palo Alto Committee meeting to reflect on progress to date and next steps • Add new activities to work plan o Continue operation of visitor center, other activities initiated in prior quarters • Continue dissemination of meeting leads to Palo Alto properties e Continue inclusion of PA area and properties in domestic meeting planner fam tours 6 .. Continue inclusion of PA propertiesonfarntoursforinternationaltravet agents • Continue promoting Palo Alto in all appropriate editorial outreach and responses • Continue promoting individual Palo Alto iocations to production companies and filming scouts • Prepare and submit· report of Destination PAISMCCVB activities to City of Palo Alto as specified in agreement Activities for Fourth Quarter 4) Conduct Destination Palo Alto Committee meeting to reflect on progress to date and next steps • Assist in crafting recommendations for ongoing Destination Palo Alto operations • Add new activities to work plan • Continue operation of visitor center, other activities initiated in prior quarters • Continue dissemination of meeting leads to Palo Alto properties • Continue inclusion of PA area and properties in domestic meeting planner fam tours • Continue inclusion of PA properties on fam tours for international travel agents • Continue promoting Palo Alto in all appropriate editorial outreach and responses , • Continue promoting individual Palo Alto locations to production companies and filming scouts • Prepare and submit report of Destination PAISMCCVB activities to City of Palo Alto as specified in agreement (this will include Quarterly and Annual Report with Milestones reported) • Prepare final report with recommendations for Destination Palo Alto efforts going,forward including information from DPA committee, stakeholders and others 7 Exhibit B Destination Palo Alto . Paym.·ent Schee,1ule FV 2008-2010·· Payments wi!! be made accdrding to the foUowing schedule: Payment 1 Payment 2 Payment :3 Payment 4 Payment 5 Total Payments To SMCCVB Payment 1 Payment 2 Payment :3 Payment 4 Total Payments $30,000 $50,000 $45,000 $45,000 $45,000 Within 30 days of contract signing Completion of First quarter Following submission/approval of quarterly report Completion of Second quarter Following submission/approval of quarterly report Completion of Third quarter Following submission/approval of quarterly report Completion of Fourth quarter Following submission/approval of quarterly report and acceptance of annual report on milestones $215,000 Year One FY 2008-09 $60,000 $60,000 $60,000 $60,000 Completion of First quarter Following submission/approval of quarterly report Completion of Second quarter Following submission/approval of quarterly report Completion of Third quarter Following submission/approval of quarterly report Completion of Fourth quarter Following submission/approval of quarterly report and acceptance of annual report on milestones including recommendations for Destination Palo Alto $2.40,000 Year Two FY 2009-10 i EXHIBITC INSURANCE REQIREhtlENTS CONTRACTORS TO TIIE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR TIIE TERM OF mE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH A BEST'S KEY RATING OF A-:V:O, OR HIGHER, LICENSED OR AUTHOruZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY YES AUTOMOBILE LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 YES COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL PROPERTY DAMAGE $1,000,000 $1,000,000 INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 AND FIRE LEGAL LIABILITY CO:MBINED. BODILY INJURY $1,000,000 $1,000,000 . EACH PERSON $1,000,000 $1,000,000 COMPREHENSIVE AUTOMOBILE . EACH OCCURRENCE $1,000,000 $1,000,000 YES LIABILITY, INCLUDING, OWNED, HIRED, NON·OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY DAMAGE, $1,000,000 $1,000,000 COMBINED NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER. AT ITS SOLE COST AND EXPENSE, .. ~, SHALL OBTAIN AND MAINTAIN. IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS SUBCONSULTANS,'F ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY. ITS COUNCIL MEMBERS. OFFICERS, AGENTS. AND EMPLOYEES. 1. INSURANCE COVERAGE MUSTINCLUDE: II. A. A PROVISION FOR A WRITIEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY -SEE SAMPLE AGREEMENT FOR SERVICES. SUBMIT CERTIFICATE(S) OF INS~CE EVID~NCING REQUIRED COVEjGE, OR COMPLETE THIS SECTION A.l<,fD IV THROUGH V, BELOW. n~. ~ e:: ~'1' H~~.", ft. ~ ~ I .~...,J r \;i!\:SI f> M~ t,. u \.. t~~~ f".;, t. »,.. '.Jt~~l~"'" ~ A. NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE O'l"OT AGENT OR BROKER): B. NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENTIBROKER: C. POLICY NUMBER(S): D. DEDUCTffiLE AMOtn-lT(S) (DEDUCTIBLE AMOlll-.1TS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL): III. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AND PROPOSER'S SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE \VITH THE REQUIREMENTS SPECIFIED HEREIN. IV. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES" A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY TIflS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRlBUTING WITH ANY OTHER INS1}RANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER. BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (lO) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. V. PROPOSER CERTIFIES THAT PROPOSER'S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE{S) BELOW. SIGNATURE(S) MUST BE SAME SIGNA TIJRE(S) AS APPEAR(S) ON SECTION fi. ATTACHMENT A, PROPOSER'S INFORMA nON FORM. Firm: Signature: Name: Signature: Name: NOTICES SI-lALL BE MAILED TO: 1 A. Workers Compensation: Employers Compensation Insurance Co. 255 California Street. Suite 300 San Francisco, CA 94111-4904 Property, General Liability, Auto: Great American Insurance Group B. Johndrow, Leveroni, Vreeburg 845 Marshall Street Redwood City, CA 94063 (650) 369-2921 580 Walnut Street . Cincinnati, OR 45202 C. Workers Compensation: FN 0322324 05 Property, General Liability, Auto: PAC 346-00-86 D. Nodeductibles on anything but property which has a deductible of $500. EXHiBIT D Certification of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. 1. If Proposer is INDIVIDUAL, sign here: Date: ------ Proposer's Signature Proposer's typed name and title 2. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the Joint Venturers shall sign here: Partnership or Joint Venture Name (type or print) Oate:. _____ _ Oate: _____ _ Member of the Partnership or Joint Venture signature Member of the Partnership or Joint Venture signature 3. If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: The undersigned certify that they are respectively: Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary's certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. 5.0.." f· Corporation Name (type or print) By: Q.nn£ \d. LtC-lOth'" c1~~ 09 ... t .. , '0' 0 1! ~ "1..,\ ¢ . Title: rlLt.'16~ U''' .. e(O By: Gft\ Date: ,,')A, ,t San Mateo County Convention & Visitors Bureau Board of Directors Meeting Minutes Hiller Aviation Museum June 16,2005 LeClair presented the benefits to the entire county and Palo Alto of including Palo Alto in the San Mateo County BID. Following her presentation, Lewin noted that it was a good idea and made a motion to move forward with the action steps presented; seconded by Moore and approved by all. San Mateo County Convention & Visitors Bureau Board of Directors Meeting Minutes Westin Hotel, Millbrae August 18, 2005 The Executive Committee recommends that we proceed by offering the services to all properties in Palo Alto. Motion by Carlton to move forward ,¥ith the Executive Committee recommendation, second by Lel-vin, approved by all. ATTACHIVIENT D 111 Anza Boulevard, Suite 410, Burlingame, CA 94010 650-348-7600 • 1-800-288-4748 Fax 650-348-7687 infQ@sanmateot.:ountycvb.com • www.visitsanmateocounty.com Destination Palo Alto Third Quarter Report Submitted to the City of Palo Alto by The San Mateo County/Silicon Valley Convention & Visitors Bureau July 10, 2009 Meeting leads 'generated (April-June): 93, with a total of 43,800 potential room nights and a potential economic impact of $13,624,131. Definite meetings/events booked: 46, for a total of61,655 room nights and an economic impact of $30,518,870. Of particular note with regard to booked events was the securing of the first U.S. (and second ever) China-US Green Energy Forum which will be held in October at the Crowne Cabana Hotel. This event will not only bring business to Palo Alto, but will showcase Palo Alto and its green efforts and successes worldwide. The Mayor will speak at the event and City departments will also be incorporated into the forum. Familiarization tours (Tours of the area with meeting planners and others to familiarize them with the area, its hotels and things to do.) The eVB hosted meeting planners from Washington, DC and the Midwest on a FAM trip of the area in May. The plannerst meetings range from legal to medical to religious meetings and range in size from 10 people to 250. All book mUltiple meetings every year. Using conservative estimates, the potential economic impact oftheir meetings, alone, could be as great as $2,266,176. (Additional meeting planner fams taking place July, August and September.) In April, the Bureau hosted our annual media fly-in familiarization tour for travel writers. Among the publications/websites for which they writelbroadcast: US Airways and Alaska Airlines magazines; Frommer's California; Up! Magazine; Entrepreneur Magazine travel guides; Restaurant, Food and Travel Show; The Travel Planners Show; Travel'n On Radio; Around the World Travel; Let's Travel Radio; about.com, SwissMade Magazine; www.52perfectdays.com;divorce360.comandTheAntiTourist.This year's focus was arts and culture and included trips to Cantor Center for the Al1s and The Gamble Gardens. Their media kits all included multiple pieces of editorial which included things to do and see in Palo Alto. All responses to media requests and proactive pitches of stories to the media have included Palo Alto. Packages created Special "Extend your stay" pdfs were created for the major events coming to town, including the' Senior Games, Grad Weekend and Admit Weekend. These pdfs go out in advance of events to attendees in order to entice them to book a longer stay in advance. These have also been shared with the Stanford Visitor Center. In June, a request was sent for, and responding Palo Alto properties included in special packages/discounts for the military. These packages will be sent by the end of July to military travel sites and publications, including one done by a syndicated military newspaper columnist with readership of over half a million. (She has launched a new website and requested these packages.) In May, Palo Alto properties were asked for special offers for distribution to our CTTC (California Travel and Tourism Commission) office in Germany for inclusion in Wetter.com promo in Germany, Austria and Switzerland. Wetter. com is one of the largest weather forecast websites in Germany with an average of 4.2 million unique users per month (as of Apr-June, 2009). The editorial ideas we sent in will be used by CTTC as part of their promotion of California vacations. Number of visitors to DPA website The new Destination Palo Alto web site has seen an exponential increase in the number of hits and page views since its redesign. The new Destination Palo site statistics are below: DESTINA TION PALO ALtO WEB STATISTICS Jan-Feb-Mar-Apr-May-Jun- 09 09 09 09 09 09 Unique Visitors 472 485 363 nla 1532 1963 Page Views 791 648 477 nla 5870 7727 Note: April stats unavailable due to transition to new website. Palo Alto Media Coverage April-June Advertisements featuring Palo Alto (Readership in parentheses): Meetings West magazine and web site (47,600 meeting planners), Smart Meetings (42,166 meeting planners), Group Tour Magazine (15,000 tour operators), ASAE Associations Now (46,000), RCM (7,500 religious meeting planners), Small Market Meetings (9,000 meeting planners), NT A-Courier (30,000 tour operators), and the MPI- Kansas City Annual Membership Directory (19,000). Editorial featuring Palo Alto: • "Northern California Coastal", Meetings West J\!fagazine June 2009 edition, Marlene Goldman (Readership: 26,000 meeting. planners) Special Note: An interview was just conducted for a feature on the City of Palo Alto in an upcoming issue. • "Destination Guide: San Francisco Bay Area" Smart Meetings, April 2009 http://smartmeetings.comldestinationslmeetin-on-the-dock-of-the-bay (42,166 meeting planners) " "Exciting Things to See and Do in San Mateo and Palo Alto, CA," Jason Rich Travel blog, April 27, 2009, http://jasonrichtravel. b logspot.com/2 009/04/thin2:s-to-see-and-do-in-san~mateo­ palo.html, In June, the San Mateo County Film Commission assisted a film maker who wanted to organize shooting an Interchannel piece for the "Disney Channel", called "United Frontn. He successfully shot at Stanford University, working with the athletic department and the Junior Water Polo Association. International fam tour updates: A group oftop travel agents from Mexico were given a whirlwind tour of the area and infonnation on Palo Alto. Additional international famswill occur over the next three months. At the international tour operator show, POWWOW, in May, we had a tremendous response to advance appointment requests with tour operators. This was due, in large part, to promotion of our representation of the Palo Also area. As a result, we were able to introduce Palo Alto and Stanford University to tour operators and media for the first time there. Report on average daily spending by overnight visitors to Palo Alto: Because research surveys are coming in extremely slowly from the participating Palo Alto area hotels and Visitor Center, no true picture can be given at this point about average daily spending by visitors to Palo Alto. Survey collection has been extended and Senior Games participants will be surveyed following that August event, so we should have a fairly accurate figure on visitor spending by the next report. The Destination Palo Alto Committee continues to brainstorm ways to improve the rate of survey collection. Miscellaneous Activities for Quarter Three: • Highlighted Palo Alto at event we hosted for meeting planners in Chicago in June; • The operation of the visitor center was continued and number of visitors is growing. Currently, the center assists approximately 30 walk-in visitors per week, plus several others by phone each day. (When the signage is installed in mid-July, those numbers are expected to grow considerably.) One of those "stop-ins" resulted in the booking of Palo Alto hotel rooms for a religious conference; • Staffed a Destination Palo Alto table during Admit Weekend, disseminating coupons for local establishments and assisting visitors with their needs; " Provided special pdf to camp operators, encouraging parents to stay in the area while the kids are at camp; " Broadened annual photo contest, specifically requesting shots of Palo Alto in our desired shots; .. Began contacting Stanford department chairs to determine individual possible conferences/symposia that could be targeted for the area and began targeting those meetings; • Continued dissemination of meeting leads to Palo Alto properties; • Continued meeting planner site visits to Palo Alto properties; • Continued promoting individual Palo Alto locations to production companies and filming scouts; .. Continued our regular "hot rates/dates" eblast! which includes Palo Alto properties, to planners as well as the listing of these hot dates on our website. (Palo Alto properties are also able to list on cvbhotrates.com, thanks to our paid participation.) • Continued Quarterly Destination Palo Alto meetings and Hospitality Committee meetings to ensure all key groups are working together to promote major events and disseminate information. Overall The City of Palo Alto has continued to benefit from broad exposure to meeting planners, individual travelers and the media in the recent (third) quarter. Definite bookings are beginning to materialize from the first months of participation. While outreach to meeting planners and tour operators continued, strong efforts were made to ramp up the Shop Palo Alto efforts aimed at groups. Over 75 discounts have been gathered from stores and restaurants for groups coming to Palo Alto. The new Destination Palo Alto brochure was published in time for distribution at Admit Weekend. (Visitor Center team members stuffed the bags for Admit Weekend with the discounts and new Destination Palo Alto brochures and were on campus offering help throughout the days of the event.) The discounts were also given to, and used by, the Stanford Alumni team for their use during grad weekend and the dining portion of the discounts was distributed by Stanford for its alumni events. (PartiCipating businesses were given decals to post in their windows With regard to the Senior Games, three booths-two information booths and a City of Palo Alto booth-will be staffed by Visitor Center and San Mateo County/Silicon Valley CVB employees for the entire 16 days. Local discounts and new, customized Destination Palo Alto brochures will be distributed and attendees assisted on site. As mentioned above, the only challenge we have had is in the research area. We have had a very low number of responses from hotel guests. Please Note: City Staff has been provided with: • (Booking) Pace Report with comparison to prior year (T = Tentative lead; D = Definite booking); and • Hotel occupancy comparison with TOT comparison (by month, year) Attachment: Activities for Quarter Three-Benchmarks Confidential III Four of the meetings booked between April and June were booked by Palo Alto properties, for a total of 4433 rooms. As mentioned previously, the lead time between dissemination of a lead and the actual booking can be months or even a year or more. • PACE Report with comparison to prior year . • Hotel occupancy comparison with TOT comparison (by month, year) September 17, 2009 Palo Alto City Council Palo Alto City Hall 250 Hamilton Ave. Palo Alto, CA 94301 Dear Mayor Drekmeier and Council Members: ATTACHMENTE As Chair of the Palo Alto Chamber and an active member of the Midtown Merchants' Association, I'd like to go on record in support of your continuation into year two of the Destination Palo Alto contract with the San Mateo County/Silicon Valley Convention & Visitors Bureau. I have seen the benefits of the program through collection and dissemination of restaurant and merchant discounts, .assistance with visitors within the Palo Alto Chamber of Commerce, sharing of information among groups at Destination Palo Alto's regular meetings, and the excellent new DP A website and visitor collateral. Groups are now coordinating with each other, communicating with each other and working to put Palo Alto "on the map". As part of the Destination Palo Alto Committee, I have heard first-hand of the write-ups Palo Alto has received and the exposure our city has been given with media and meeting planners. I encourage you to stick with the plan and help all of our businesses in Palo Alto through promoting our city. As always, thank you for considering the Chamber's views and my own. Sincerely, ~}1{.c~ Carla Cumpston CC: Paula Sandas Bill Johnson Anne LeClair Susan Barnes September 17, 2009 Palo Alto City Council 250 Hamilton Ave. Palo Alto, CA 9430 I Dear Mayor Drekmeier and Members of the Council: Page 2 of2 Our Chamber, one of the three partners in the Destination Palo Alto contract, heartily supports continuation of year two of the agreement. We have seen great success with the new Destination Palo Alto web site and collateral, discount programs, visitor services within our office and on campus, as needed. Multiple business, merchant, hotel, university, and city representatives regularly attend the meetings of the newly revitalized Destination Palo Alto group and all have learned to share information and promote each other's events. Most importantly, our area has been shown to key meeting planners and sporting event planners, as well as travel writers and travel agents-all great exposure for our area. We have been given some great "ink" in travel publications as a result of the program, as well. I have watched the visitor center team here work long and hard to persevere in securing restaurant and merchant discounts and the results have been excellent. Groups now have discounts to make them feel welcome and participating merchants and restaurants have a decal to show their participation in the program. The one-on-one assistance provided at the Senior Games by the DP A team definitely kept people in our area, maximizing their time and spending in Palo Alto. Their advance piece encouraging the athletes to extend their stays was another key part of this .. Our chamber urges you to vote to continue the program, as planned. Thank you. Sincerely, Paula Sandas CC: Carla Cumpston Bill Johnson Anne LeClair Susan Barnes Paula Sandas CEQ/President Palo Alto Chamber o/Commerce 122 Hamilton Avenue Palo Alto, CA 94301 650-324-3121 ext. 125 Fax: 650-324-/215 www.paloaltochamber.com \ 10/28/2009 September 15, 2009 Palo Alto City Council Palo Alto City Hall 250 Hamilton Ave. Palo Alto, CA 94301 GARDEN CO VINCC) HOTELES Dear Mayor Drekmeier and Members of the City Council: 09 SEP I 7 (Ir9 10: I 9 I am writing you to urge your continuation of the second year of the Destination Palo Alto contract with the San Mateo County/Silicon Valley Convention & Visitors Bureau. During today's tough times, Palo Alto's hotel community needs the program more than ever. The Garden Court has benefited from exposure to meeting planners on fam tours and from articles in meeting publications. We have also had representation at < approximately 50 trade shows around the U.S. that we would not have had. In addition, we have had international travel and booking agents here from all over the world, exponentially increasing the number of people who know about Palo Alto. As an active member of the downtown PAd/BID, I am also very pleased with the boost our downtown businesses have been given by Destination PA. Through the discounts program and coordinated calendar of events and write .. ups in travel and meeting planner publications, the story of our downtown is being told and told well. I hope we may count on you to authorize the program's second year. Thank you. Sincerely, ~fmv- Barbara Gross General Manager 520 COWPER STREET· DOWNTOWN PALO ALTO, CALIFORNIA 94301' TEL 650.322.9000 I 800.824.9028 • FAX 650.324.3609 • WWW.GARDENCOURT.COM ELIZABETH September 16, 2009 Palo Alto City Council City Hall 250 Hamilton Ave. Palo Alto, CA 94301 Dear City Council: 09 SEP 21 ~N 9: 46 As someone intimately involved with Elizabeth Gamble Garden, I want to tell you what a difference the Destination Palo Alto contract has made in our marketing efforts. Within a week or two of the contract signing last October, we had a meeting with the San Mateo County/Silicon Valley Convention & Visitors Bureau in their role as part of Destination Palo Alto. We received enthusiastic support of Gamble Garden, tremendous outreach for our annual garden tour through the Bureau's calendar of events, Destination Palo Alto's calendar of events and communication from Destination P A Committee members to their constituents, guests and customers. Our tour information was promoted in both the Palo Alto Visitor Center and the Bureau office,.and the event touted in e-bulletins to prospective visitors and area residents. . . "; In addition, the Bureau built its annual travel media fly-in dates around our Aptil garden tour weekend, to allow us to .show key writerS what we have tooffer'-It was a big success. From a ~rsona1 standpoint, I also saw the Bureau artdJlafo Alto Visitor Center staffworkiilg hard to promote things to do and see ihhlir .area· while working info boo~attherecentSenior Games. I urge you to authorize the second year of the Destination Palo Alto contract. Thank you for your time and consideration. Sincerely, ::.;:~~ Co-Chair 2009, GG Spring Garden Tour Cc: Anne LeClair Palo Alto Economic Development Department Sheraton Palo Alto Hotel 625 EI Camino Real Palo Alto, California 94301 September 14, 2009 Palo Alto City Council City of Palo Alto 250 Hamilton Ave. Palo Alto, CA 94301 Dear Mayor Drekmeier and Members of the Council: Received SEP 23 2009 Department of Planning & Community Environment In my role overseeing the Westin Palo Alto and Sheraton Palo Alto, I would like to go on . record expressing our strong support of authorization of year two of the two-year Destination Palo Alto contract with the San Mateo County/Silicon Valley Convention & Visitors Bureau. The Bureau has given our properties and others here a reach we would never have had without their services. These have ranged from bringing in multiple familiarization tours to securing stories in the group meetings media to supplying meeting and tour and travel leads we would never have received. We have also had the opportunity to send out our "hot rates" and need dates to numerous meeting planners, and have been able to bid on crew room nights for various film productions. In addition, we have been very pleased with the local Destination Palo Alto angle, from coordination with the Palo Alto Weekly and the Chamber to holding regular meetings of the local hospitality community. ' We urge you to renew the contract for its second year. Thank: you for considering my vlews. Cc: Susan Barnes Anne LeClair T 6so 328 2800 F 6so 327 7362 sheraton.com/paloalto / -~·----OCT.15.2009-1:39PM-·PREMIER PROPERTIES FAX COVER SHEer To: Susan Barnes, City of Palo Alto Economic Development FAX: 650-325-5025 From: Lisa Van Dusen Re: Oestination Palo Alto -letter for City Council Date: 10.15.09 Susan: NO. 427 P. 1 I am attaching a letter addressed to Mayor·Drekmeier and the City Council in support of Destination Palo Alto which. I am hoping you can distribute as appropriate. I understand that the Council is reviewing DPA at an upcoming Council meeting. Please let me know if you have any questions or concerns at 650-799-3883 or Ivandusen@4kelley.com. Many thanks and I send my best regards, Lisa .. _ .• "-_. ·OCT. 15.2009-1: 39PM-PREMI ER PROPERTI ES October 15, 2009 Lisa C. Van Dusen 1111 Greenwood Avenue Palo Alto, CA94301 650-7.99-3883 NO. 427 P. 2 The Honorable Peter Drekmeier and members of the Palo Alto City Council The City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Dear Mayor Drekmeier and City Council mem'bers: As you review the past year's performance of Destination Palo Alto, I offer a few thoughts to consider as you look forward to the next year of the program. While I was directly involved in the development of Destination Palo Alto, as director of Palo Alto Online through 2008, my ourrent perspective is that of a resident and someone who works downtown In an organilation not specifically related to DP A. 1. Destination Palo Alto Is consistent with the City Council's stated goal8 of: -Economic Health of the City: Destination Palo Alto seeks to generate visitors who will contribute In a variety of ways to the economic vitality of the city. -Civic Engagement for the CommoJ,\ Good: DPA Involves a wide variety of citizens, busin~sse$, non-Ideal events and more. . I I -Environmental Protection: Palo Altb is hosting a major green tech event in October (U.S·Chfna Green ~nergy Conft'}rence) secured by DPAlConvention and San Mateo COClntylSilicon Valley Convention and Visitors Bureau. 2. The metrics/activity trends are up: I I • Room nights booked are up (The up~mlng US-China Green Energy Conference was booked through DP~ and an example of Increasing room nights while aligning with the qlty's goal of being a center 01 Clean Tech). I -Traffic On the new and Improved website is up -Events in the pipeline are up (Le. th~ Convention and ViSitors Bureau has hosted numerous "familiarlzatiop tours" for events in Palo Alto that , I I I i I OCT. 15. 2009-1: 40PM PREMIER PROPERTIES , I I 1 ! NO, 427 P. 3 , I would result in bookings and the rel~te~,sp~ndil1giott'learea (the average spent per person per day is $290 with an average split of 50%/50% lodging/non-lodging. More t~an 9100 room nights have . . already been booked through DestinatjOn Palo Alto. 3. The personal focus make a dlfference= -Having a person in the Chamber office and, when there are big events such as the Se'nior Games, on site, makes a real difference in keeping visitors within Palo Alto during their stay. A trained professional with a focus on directing visitors to options (dining, entertainment etc.) within Palo Alto can have a significant impact on do liarS spent In Palo Alto vs. In neighboring communities. In summary, I urge you to support the renewal of Destination Palo Alto contract with the San Mateo County/Silicon Valley Convention and Visitors Bureau. They are professional, focused and on a positive traJel?tory. Sincerely, t1n-~'0V~ Lisa Van Dusan STANFORD TERRACE l!J l!J INN l!J l!J September 28, 2009 Palo Alto City Council City of Palo Alto c/o Susan Barnes 250 Hamilton Ave. Palo Alto, CA 94301 Dear Mayor Drekmeier and City Council Members: Since your approval of the Destination Palo Alto contract a year ago, I have watched the promotional activities of Destination Palo Alto and the San Mateo County/Silicon Valley Convention & Visitors Bureau with great interest. I have attended the Destination PA Committee meetings and watched the communication greatly improve among groups in Palo Alto. The new web site and calendar of events have taken shape and now include all. In addition, our property has received multiple meeting, tour and travel and film leads from the Bureau and we have made some bookings as a result. We would like to see the program continue and urge you to support the hospitality industry by voting in favor of continuing the second year of the Destination PA contract. Thank you for your consideration. ;::rel~uJ __ Bruce Pressman Director of Sales Stanford Terrace Inn Cc: Anne LeClair 531 Stanford Avenue Palo Alto, CA 94306 650 857-0333 stanfordterraceinn.com From: sherry bijan [mailto:sherry.bidmanagement@gmail.com] Sent: Monday, October 26/2009 1:24 PM To: Councill City; Clerk, City Subject: Destination Palo Alto October 26, 2009 Palo Alto City Council Palo Alto City Hall 250 Hamilton Ave. Palo Alto, CA 94301 Dear Mayor Drekmeier and Council Members: As the President of the Palo Alto Downtown Business and Professional Association, I'd like to go on record in support of your continuation into year two of the Destination Palo Alto contract with the San Mateo County/Silicon Valley Convention & Visitors Bureau. We need the services provided by Destination Palo Alto more than ever in these difficult times. The creation of downtown restaurant and store discount lists has been very well received. Having visitors directed downtown by the visitor center staff within the Palo Alto Chamber is very helpful, as is getting event information out through the Destination Palo Alto Committee and the new DPAwebsite. The hotel guests (and fam tour participants) brought to the area definitely help our businesses weather these times. Our city and downtown are being given great exposure with travel media and meeting planners, to the benefit of all. I encourage you to continue with the two-year contract to help all of our businesses in Palo Alto by promoting our city. Thank you for your consideration. Sincerely, Sherry Bijan President PAd Business & Professional Assoc. BID Management www.paloaltodowntown.com 721 Emerson Street, PAlto, CA 94301 650-223-4334 sherry.BIDm~ement@gmail.com CC: Paula Sandas Anne LeClair Susan Barnes TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: FEBRUARY 8, 2010 REPORT TYPE: ACTION DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 131:00 SlTBJECT: Approval of Preliminary Design for EI Camino Reali Stanford Avenue Intersection Improvements and Streetscape Project EXECUTIVE SUMMARY In December 2006, the Santa Clara Valley Transportation Authority (VTA) Board of Directors approved $1,334,000 in Community Design and Transportation (CDT) grant funding for the El Camino/Stanford Avenue Proj ect. Stanford Avenue is a primary route to school with high pedestrian and bicycle traffic. With Escondido and Jordan Middle School on the west side ofEl Camino and Palo Alto High School on the east side of El Camino, students living in both the Evergreen Park and College Terrace neighborhoods have to cross El Camino Real at Stanford Avenue on a daily basis to go to school. The current crosswalk configuration and existing "pork chop" islands make this an unsafe intersection. By eliminating the triangular pedestrian refuge islands, the project will provide shorter and more direct crosswalks between sidewalks. This will increase pedestrian safety by reducing the distance and amount of time pedestrians would be exposed to traffic within the roadway while crossing. Widening the median will provide a safe refuge area for pedestrians that cannot cross the entire width of El Camino Real in one signal cycle, or for those who become stranded in the median when the signal phase changes. The Planning and Transportation Commission (PTC) and Architectural Review Board (ARB) have reviewed the project plans and have recommended approval of the project with additional conditions, described further in this report. RECOMMENDATION Staff and the PTC recommend that the City Council approve the proposed preliminary design for the intersection improvements at El Camino Real and Stanford Avenue, and direct staff to submit the plans to Caltrans, with the following conditions: CMR: 131:10 Page 1 of6 1. Modify the landscape plan to relocate the proposed trees so that they do not substantially impede the visibility of the adjacent businesses. 2. Continue to work with Stanford University to ensure adequate drainage from the 100 year stonn event at the intersection to the satisfaction of the City's Planning Director and Director of Public Works. 3. Provide for a two second head start timing on signal phasing for pedestrians and bicyclists crossing El Camino Real, to the satisfaction of the City's Planning Director. BACKGROUND In December 2006, the Santa Clara Valley Transportation Authority (VT A) Board of Directors approved $1,334,000 in Community Design and Transportation (CDT) grant funding for the El Camino/Stanford Avenue Project. On April 16, 2007, the City Council accepted the award of $1,334,000 in federal transportation grant funds for the El Camino Real/Stanford Avenue Streetscape and Intersection Improvement Project PL-07002, to be paid on a reimbursement basis from the VT A CDT capital grant program. This project includes the design and construction of improvements to implement the demonstration phase of the El Camino Real Master Design Planning Study developed by Caltrans and the City of Palo Alto. The project area includes the intersection of El Camino Real and Stanford Avenue and extends approximately 100 feet beyond the intersection along all four approaches to the intersection. Since El Camino Real (Route 82) is a State highway, design plans will be prepared per Caltrans design standards and will be submitted to Caltrans for their review and approval. Stanford Avenue at El Camino Real is listed as a "High Priority project" in Palo Alto's Bicycle Transportation Plan. The intersection has also been identified, in the San Jose Mercury News, as one of the most dangerous for bicyclists in Palo Alto. DISCUSSION The primary goals of the El Camino Real/Stanford Avenue Intersection Improvenlents proj ect are to provide pedestrian walkability with improved bicycle and pedestrian visibility at the El Camino Real/Stanford Avenue intersection area and to provide visual cues to drivers that they are in a location of increased pedestrian and bicycle activity. Attachment A shows the existing configuration at the intersection of Stanford Avenue and El Camino Real. The project will create a safer and more visually inviting environment for pedestrians and bicyclists by enlarging the street comers and sidewalks, enhancing signing, providing shorter and more direct crosswalks, installing new pedestrian lighting and traffic signals with pedestrian countdown features, and creating areas to gather with new street furniture, shading street trees and shrubs. This will be the first project that implements the demonstration phase of one component of the El Camino Real Master Planning Study developed by Caltrans and the City of Palo Alto in 2003. Attachment B shows the design characteristics of the crosswalk improvements from the Master Plan as applied to Stanford Avenue. The complete El Camino Master Planning Study is available for viewing on the project website at: CMR: 131:10 Page 2 of6 http://www.cityofpaloalto.org/depts/plnlnews/details.asp?NewsID=1444&TargetID=87 The proposed proj ect includes installation of new comer bulbouts, realignment and enhanced/textured paving of the pedestrian crosswalks, widened landscape medians with planting and street trees; widened sidewalk with street trees; street furniture; new ornamental street and sidewalk lights; decorative signal poles and new storm drain outlets. Plans are included as Attachment G. BOARD/COMMISSION REVIEW Planning and Transportation Commission Recommendations On January 13, 2010, the PTC voted unanimously on a 6-0 vote to recommend to City Council approval of the proposed intersection improvements at EI Camino Real and Stanford Avenue with four suggested conditions. Additional information is provided in the January 13, 2010 report to the Commission (Attachnlent C). The PTC minutes and response to questions fronl Commissioner Keller are included as Attachment D and E, respectively. Fifteen members of the public addressed the PTC at the January 13th meeting. Although many speakers and written comments were in support of the improvements, several concerns were raised by the public regarding the proposed improvements. These included the impact of removing the "pork chop" islands and the potential impacts to vehicles driving eastbound on Stanford Avenue and turning right onto southbound EI Camino Real; safety of bicyclists and pedestrians from left tum vehicles movements onto EI Camino; trees blocking visibility of businesses; and drainage issues at the Stanford comer of Stanford and EI Camino Real. Each of the Commission's recommended conditions is addressed below: 1. Impacts to eastbound traffic or intersection delay The City's Traffic Engineer has analyzed the operational changes at this intersection and has determined that the increase in vehicle delay would be minimal, and queue capacity of cars driving along eastbound Stanford Avenue will remain essentially the same for both through and right turning vehicles. The increase in average vehicle delay would be negligible (less than 3 seconds) and the current Level of Service (LOS) C will remain unchanged at this intersection. Cars turning right onto southbound EI Camino Real will continue to be able to make the right turns once 'they approach the intersection and are clear of any vehicles and pedestrians. For cars driving southbound on EI Camino, if a through moving vehicle is stopped on EI Camino Real in the right lane, right turning vehicles may have to wait until the next green phase; however, the estimated increases in delay would be less than significant. 2. Impact on pedestrians and cyclists from left turning vehicles driving northbound on EI Camino Real. Consider head-start timing for pedestrians and bicyclists. Staff recommends that Council advise Caltrans to provide at least 2 seconds of leading pedestrian phase time (head start timing) for signal phasing for pedestrians and bicyclists on Stanford Avenue crossing EI Camino Real. CMR: 131:10 Page 3 3. Drainage Issues Staffhas met with Stanford and their consultants to address their concerns regarding the drainage issues at the comer of Stanford and EI Camino Real. The consultants are confident that these issues can be addressed. With the addition of larger drainage inlets and the grading of the landscaping areas, the drainage issues during a 100 year storm event have now been fully resolved. 4. Impacts of trees on visibility of businesses Council has received several emails from representatives and customers of Starbuck's and Barbeques Galore, both located at or near the southwest comer of the intersection. Both businesses have objected to the proposed street trees near their sites, due to potential impairment of visibility from El Camino Real. Staff has modified the locations of the trees at both the Starbucks comer and near the businesses along the westside of EI Camino Real, between Stanford and Oxford Avenue, in order to minimize obstruction of their signs by the proposed trees. With the relocated trees, staffbelieves the signs of the businesses will remain clearly visible to drivers going both southbound and northbound on EI Camino Real. Staff met with the property owners of Starbucks and Barbeques Galore on February 3, 2010 and the locations of the proposed trees were marked to show that the visibility of their business would be impacted, minimally, if at all, by the placement of the trees. Both businesses still object to any trees, however. Staffbelieves that street trees are an integral part of the El Camino streetscape and further the City's urban forest management objectives. Staff also notes that concerns about the sidewalk slope and leaf litter do not present unusual problems or hazards at these locations. Other Issues 1. Bus Shelter: The representatives for Barbeques Galore have also expressed concern about the location of a bus stop and shelter near the comer. Staff notes that the bus stop already exists. The shelter was shown on the El Camino Real Master Design Planning Study. Staff has determined, however, that there is not adequate space for such a shelter and has removed it from the plans. 2. Public Notification: A couple of emails to Council have indicated a lack of public notification about this project. A community meeting was held on December 8, 2009, at Escondido School. Notices were sent to all residents and businesses within 600 feet of the project, to both adjacent neighborhood associations (College Terrace and Evergreen Park), to the Palo Alto Bicycle Advisory Committee (P ABAC), Traffic School Safety Committee, Escondido School, CANOPY, CMR: 131:10 Page 4 of6 CAADA, and Stanford. A public hearing by the Planning and Transportation Commission on January 13,2010 had similar noticing. The project was also reviewed in public meetings before PABAC, the Traffic School Safety Committee and the Architectural Review Board. Architectural Review Board Review This project was also presented to the ARB at a Study Session on December 3,2009 and an ARB subcommittee on December 17, 2009 followed by a formal Public Hearing on January 7, 2010 (Attachment D). Staff presented landscaping alternatives at the corners of Starbucks and Stanford University to the ARB for their review and recommendation. Staff will be meeting with the subcommittee for final approval on February 4,2010. POLICY IMPLICATIONS This project is consistent with existing City policy, including Comprehensive Plan Transportation Element: 1) Goal T -3 which supports "Facilities, Services and Programs that Encourage and Promote Walking and Bicycling;" and 2) Policy T -14 : "Improve pedestrian and bicycle access to and between local destinations, including public facilities, schools, parks, open space, employment districts, shopping centers, and multi-modal transit stations;" and 3) Policy T-23: "Develop public sidewalks and bicycle facilities in Stanford Research Park and other employment areas." . The EI Camino ReaVStanford Avenue intersection is identified as a critical intersection on the City's adopted School Commute Corridors network as well as a "High Priority Project" in the Palo Alto Bicycle Transportation Plan. The proposed proj ect improvements are consistent with the EI Camino Real Master Planning Study. This document was drafted in 2003 providing detailed design guidelines for the EI Camino Real corridor through Palo Alto. This project also supports the ongoing Peninsula EI Camino Real Grand Boulevard Initiative, with the goal of improving the performance, safety and aesthetics of EI Camino Real for all users. RESOURCE IMPACT Funding for the environmental, design and construction work is included in the Capital Improvement Program Project PL-07002. Funding for the project will be provided through the award of $1,334,400 in federal transportation grant funds to be paid on a reinlbursement basis from the Santa Clara Valley Transportation Authority (VTA) Community Design and Transportation (CDT) capital grant program. The grant also requires a local (City) match in the amount of $333,600 which will be provided by the City's CIP projects PL-98013 (School Commute Safety Improvements) and PL-04010 (Bicycle Boulevards Implementation Project). CMR: 131:10 PageS Stanford University and many commercial and retail businesses. At Stanford Avenue, EI Camino Real is an arterial street with three through lanes in each direction separated by a raised median. The through lanes are 12 feet wide, with 8 feet -wide outside shoulders and 1 foot -wide striped inside shoulders along the raised median. 11 feet wide left-tum lanes are provided at both approaches to the intersection, with the northbound left tum pocket extending approximately 200 feet in length, and the southbound pocket extending approximately 120 feet in length (Attachment A). There are no curb ramps for the crosswalks at the northwest comer of the intersection. There are two triangular concrete pedestrian refuge islands on the west side of the intersection. The posted speed limit on EI Camino Real through the project limits is 35 mph. On-street parking is allowed away from the intersection. DISCUSSION This project proposes to construct improvements at the intersection ofEI Camino Real (Route 82).and Stanford Avenue to create a context-sensitive, pedestrian friendly and aesthetically- enhanced intersection and main street corridor to implement the demonstration phase of one component of the EI Camino Real Master Planning Study developed by Caltrans and the City of Palo Alto in 2003 (Attachment G). The project limits will extend approximately 720' along EI Camino Real, from Leland Avenue in the north to Oxford Avenue in the south. Project limits along Stanford A venue will extend approximately 100 feet west and 50 feet east of EI Camino Real. The primary goal of the project is to provide pedestrian walkability with improved bicycle and pedestrian visibility at the EI Camino Real/Stanford Avenue intersection area and provide visual cues to drivers that they are in a location of increased pedestrian and bicycle activity. The project will create a safer and more visually inviting environment for pedestrians and bicyclists by enlarging the street comers and sidewalks, enhancing signing, providing shorter and more direct crosswalks, installing new pedestrian lighting and traffic signals with pedestrian countdown features, and creating areas to gather with new street furniture, shading street trees and shrubs. Roadway Improvements The following geometric changes are proposed for the intersection: • Bulb-outs would be added at the four comers of the EI Camino Real/Stanford Avenue intersection to extend the sidewalk curbs line 5 feet further into the roadway from the existing curb line. • The existing 4 feet median along both the northbound and southbound left turn pockets of EI Camino Real would be widened to 8 feet. • The left-turn lanes would be narrowed from 11 feet to 10 feet. • The six through lanes on EI Camino Real would each be narrowed from 12 feet to 11 feet. • Outside shoulder widths along EI Camino Real at the bulb-outs would be reduced to 5 feet. City of Palo Alto Page 2 The project would bring the entire intersection into compliance with ADA standards. Landscaping Plan Building on the efforts of the El Camino Real Master Planning Study, the proposed intersection and streetscape design recaptures the pedestrian environment, provides bicycle accessibility and creates an identifiable character for the community. The plan includes expanded sidewalk areas, informal plaza seating, a trellis accent feature, large street tree canopies, pedestrian scale lighting and improved transit and bicycle amenities. In keeping with the goals identified in the El Camino Real Master Planning Study, the median trees were selected to highlight the intersection as the start of a commercial corridor, as well as highlight an entrance to the Stanford Campus. The general plant palette and material choices reflect improvement projects throughout the City of Palo Alto, maintaining respect to the natural oak woodland influence and overall reflecting native, drought tolerant species. Thematic Red Maples will be used to signify the start of the commercial district. Median ground cover of Bearberry and accent planting White Carpet Rose will be low growing to maintain view corridors for safety as well as signage. Accent and storm water planting at the bulbouts consists of a mix of grasses and native drought tolerant shrubs. Specimen Valley Oaks are provided at the Stanford and Starbucks comers to shade informal seating areas. In keeping with the street tree palette along El Camino Real, the sidewalk street trees are London Plane Trees. Along the Stanford Housing frontage on El Camino two Valley Oaks will be planted to coordinate with the new housing development currently under construction fronting Stanford Avenue, respecting views of existing oak groves within the development (Attachment B). Key proj ect enhancements at the El Camino/Stanford Avenue Intersection will include: • Adding bulb-outs at street comers to shorten the length of pedestrian crossings; • Installing new colored asphalt pavement for the crosswalks and colored concrete for bulb-outs and median noses; • Reconstructing the existing median island noses on El Camino Real to provide mid- crossing pedestrian refuge areas at the crosswalks; • Installing a complete, new signal system at the intersection; • Installing new thematic signal poles and pedestrian scale lighting; • Installing new street trees and other landscape enhancements; and • Installing streetscape features and furniture that compliment and further the "Grand Boulevard" vision and goals. Safety Improvements By adding bulb-outs, narrowing the lanes along El Camino Real, and eliminating the triangular pedestrian refuge islands, the project will provide shorter and more direct crosswalks between sidewalks. This will increase pedestrian safety by reducing the distance and amount of time pedestrians would be exposed to traffic within the roadway while crossing. Widening the median will provide a safer refuge area for pedestrians that cannot cross the entire width of El Camino Real in one signal cycle, or for those who become stranded in the median when the signal phase City of Palo Alto Page 3 changes. Colored and/or textured crosswalks will provide more clearly defined areas for pedestrian travel and will be more noticeable to drivers. Project Benefits This project encompasses community benefits of pedestrian walkability, improved bicycle connections, streetscape amenities, and safety improvements, all of which should increase pedestrianlbicycle usage. This project will also demonstrate the viability of the overall El Camino Real Master Plan concepts that can be extended to the other segments of the corridor when funding becomes available. The El Camino Real Master Plan is included as Attachment G and can also be viewed at the project website: http://www.cityofpaloalto.org/depts/plnlnews/details.asp?NewsID=1444&TargetID=87 Outreach process The City held a project stakeholder's meeting on November 19, 2009 for all business owners in the project area, in addition to representatives from the bicycle group and school safety coordinators. Some of the businesses expressed concerns regarding the trees that are proposed along E1 Camino Real would block visibility to their businesses. Subsequent to the meeting, the plans were modified to ensure improved visibility along the frontage. The City held a community meeting at Escondido School on December 8, 2009. Overall, the comments were positive since the community recognized that the intersection should become safer for both pedestrians and bicyclists crossing EI Can1ino Real. Attachment E includes the prepared summary of comments received at the meeting and Attachment F is the correspondence received from the public. Staff also met with Stanford University staff to discuss the proposed changes since Stanford's land abuts the project site. Stanford University submitted a letter (Attachment C) expressing its concerns about the proj ect' s impact to drainage patterns along EI Camino Real, the potential to cause flooding to the new homes currently under construction, and the project's consistency with the 2003 EI Camino Master Planning Study regarding the landscaping. Consultants have looked at the drainage issues at the comer ofStanford/EI Camino Real and are confident that these issues can be addressed. Staffwill be meeting with Stanford to further discuss these details. Staff also feels that all elements of this project are consistent with the El Camino Master Planning Study. This project was also presented to the ARB at a Study Session on December 3,2009, discussed with an ARB subcommittee on December 17, 2009 followed by a formal Public Hearing scheduled on January 7, 2010 (Attachment D). Staff is presenting two landscaping alternatives for the bu1bouts at the comers of Starbucks and Stanford University to the ARB for their review and recommendation, as shown on Attachment E, at the January 7th meeting. Staff will report on the outcome of this meeting to the Planning Commission at the meeting on January 13, 2010. City of Palo Alto Page 4 POLICY IMPLICATIONS This project is consistent with existing City policy, including the Comprehensive Plan Transportation Element Policies. The EI Camino Real/Stanford Avenue intersection is identified as a critical intersection on the city's adopted School Commute Corridors network as well as in the Palo Alto Bicycle Transportation Plan. The proposed proj ect improvements are consistent with the EI Camino Real Master Planning Study. This document was drafted in 2003 providing detailed design guidelines for the EI Camino Real corridor through Palo Alto. This project is also in accordance with the ongoing Peninsula's EI Camino Real Grand Boulevard Initiative, with the goal of improving the performance, safety and aesthetics of EI Camino Real for all users. Additional information can be found at: www.grandboulevard.net. RESOURCE IMPACT Funding for the environmental and design work is included in the Capital Improvement Program Project PL-07002. Funding for the project will be provided through the award of $1,334,400 in federal transportation grant funds to be paid on a reimbursement basis from the Santa Clara Valley Transportation Authority (VTA) Community Design and Transportation (CDT) capital grant program. The grant also requires a local (City) match in the amount of $333,600 which will be provided by the City'S CIP projects PL-98013 (School Commute Safety Improvements) and PL- 04010 (Bicycle Boulevards Implementation Project). TIMELINE This project must be implemented on an accelerated time1ine in order to ensure that the grant funding is set aside for construction of this project. Grant funds for project construction will need to be obligated no later than June 30, 2010. In order to meet this deadline, final design plans must be submitted by the City to Caltrans by February 2010. Construction of this project is scheduled to begin in Fall 20 1 0 and will be administered by the City. ENVIRONMENTAL REVIEW: Since EI Camino Real (Route 82) is a state highway, Caltrans is the lead agency for completion of environmental review requirements for the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEP A). Caltrans has determined that the project is Categorically Exempt under both CEQA and NEPA (see Attachment F). ATTACHMENTS: A. Proj ect Existing Conditions Map B. Perspective Drawings and Conceptual Plan C. Letter from Stanford University D. ARB Staff Report/ Findings of Approval E. Summary Notes of December 8 Community Meeting F. Correspondence G. Categorical Exemption/Categorical Exclusion Determination Form City of Palo Alto Page 5 ATTACHMENT 0 1 Planning and Transportation Commission 2 Verbatim Minutes 3 January 13, 2010 4 5 DRAFT EXCERPT 6 7 Stanford Avenue/EI Camino Real Intersection Improvements Project: Planning and 8 Transportation Commission review and recommendation of the Stanford A venue! EI Camino 9 Streetscape Project consisting of improvements at the intersection of EI Camino Real and 10 Stanford Avenue, extending approximately 100 feet on each leg of Stanford Avenue and between 11 Oxford and Leland Avenue on EI Camino ReaL The project includes removal of the existing 12 pork chop islands and the installation of new comer bulbouts; realignment and enhanced paving 13 of pedestrian crosswalks; widened landscape medians and sidewalks with plantings and street 14 trees; and street furniture. The project also includes new ornamental street and sidewalk lights 15 and replacement of the traffic signal poles. 16 17 Ms. Shahla Yazdy, Transportation Engineer: Thank you Chair Garber. Good evening. Tonight 18 I will be presenting the Stanford A venuelEl Camino Real Streetscape and Intersection 19 Improvements Project. 20 21 Just to give you a little project history and background, I do have consultants here that will also 22 help me with the presentation. Fronl Mark Thomas & Company is Brad Leveen and also Brian 23 Fletcher from Callander Associates. To give you a little bit of background the EI Camino Master 24 Planning Study was completed in 2003. That was a collaborative effort with Caltrans and many 25 of the City working groups divested a lot of time in putting together the Master Planning Study. 26 The goals of the study were for intersections in Palo Alto and part of the planning study was to 27 develop guidelines for transforming EI Camino Real to a primarily vehicle oriented highway to a 28 true multinl0dal urban thoroughfare. The purpose of the study was to improve mobility and 29 safety for all modes of travel. 30 31 In 2006 the City obtained a community design and transportation grant through VT A. This was 32 for the design and construction of the Stanford AvenuelEl Camino Real project. An RFP was 33 put out about a year ago to hire the design consultants. The consultants have been onboard since 34 April 2009. We have been working with Caltrans. The environmental clearance has been 35 obtained. Design Exceptions have been approved in December of 2009. Our next steps would 36 be to move forward with the final design and final approval of the plans are needed from 37 Caltrans because EI Camino Real is a state route. 38 39 A question that I think comes up that I have heard a lot through discussions with the community 40 is why Stanford Avenue? Stanford Avenue is a primary route to school. There are two schools 41 on route. There are a lot of pedestrians and bicyclists crossing that intersection. Currently the 42 crosswalk configuration, which I have a layout that we will be talking about in more detail later 43 in the presentation, there is a skewed angle crosswalk which is pretty unsafe crossing that 44 intersection. The pork chop islands encourage higher turning speed from vehicles that tum from 45 EI Camino onto Stanford and also from Stanford A venue turning southbound on EI Camino. City of Palo Alto Page 1 1 This intersection is also identified as a high-priority project in our Palo Alto Bicycle 2 Transportation Plan. It is also identified as the most dangerous road for bicyclists in Palo Alto. 3 4 So the project goals are to make the intersection area safer for pedestrians and bicyclists, and 5 also to encourage drivers to drive at safe speeds that do not exceed the speed limit. The current 6 speed limit for EI Camino is 35. Shorten the crosswalk distances for pedestrian crossings. Add 7 landscaping, street furniture, and other enhancements. Provide visual cues to drivers that they 8 are in the area of increased pedestrian and bicycle activity. This is done by the street furniture 9 and also the colored sidewalks that all the amenities would give drivers the cue. They tend to 10 slow down when they see streetscape projects like this. Also, to improve pedestrian level street 11 lighting and adding street trees to the median of EI Camino. 12 13 So I think right now I am going to tum it over to our design consultant Brad Leveen. He has 14 been working on the engineering so he will discuss more detail of what we are proposing as part 15 of this project. Thank you. 16 17 Mr. Brad Leveen, Mark Thomas & Company: Hello Commissioners. As Shahla has been 18 explaining verbally this is a graphic picture of the intersection in aerial view. These are the 19 skewed crosswalks that she is talking about right now that exist crossing EI Camino. These are 20 the pork chop islands here on each side, on the west side of EI Camino at Stanford A venue. The 21 sidewalks are pretty narrow on all sides of the intersection. Right now EI Camino has the full 22 width, 12-foot traffic lanes. There is currently no real refuge for pedestrians in the median of EI 23 Camino. If they get trapped halfway they just kind of have to stand in front of those narrow 24 medians until they get the next cycle. Then you will see on the Stanford A venue on the west side 25 comer the very large radius turns, which again encourage higher speed turning movements for 26 vehicles. 27 28 So what we are proposing to do to meet the project goals that Shahla identified is to narrow the 29 main lanes on EI Camino from 12 feet to 11 feet, to squeeze the lanes into the median and allow 30 us to create sidewalk bulb outs on all four sides on EI Camino. We would include widening the 31 median. It is currently about four to five feet and widening to eight feet to create a pedestrian 32 refuge area in the median. We would be adding a striped five-foot bike lane at the bulbout on all 33 four comers so that bikes traveling through the intersection would have a dedicated place to 34 travel through. We would be eliminating the pork chop islands on the Stanford side, right here, 35 and replacing those with stop sign controlled right turns instead of free rights. I am sorry, not 36 stop sign but red light controlled. 37 38 The project limits are approximately from Leland A venue in the north to Oxford A venue in the 39 south. So all the lanes would conform back to the existing EI Camino at those two locations. 40 41 I have a close-up here to give you a little better picture of what is happening. We would also be 42 keeping the narrow left tum lane on each side. Those are ten-foot lanes. Our cross-section 43 narrows overall on EI Camino and allows us to shorten the crosswalk distance. Furthermore we 44 are moving the noses of medians forward into the intersection so that we can have direct, straight 45 pedestrian crosswalks with the refuge area. 46 City of Palo Alto Page 2 1 This kind of highlights the main changes in the road geometry that we are making. I would like 2 to move on and talk a little bit about this area of Stanford Avenue. There has been some concern 3 raised by the comnlunity and by Starbucks as well about the ability for cars to still be able to 4 come up and make a right tum conveniently since we are eliminating the free right in the pork 5 chop island. This is the current existing condition. There is one-way traffic each direction on 6 Stanford Avenue with a bike lane and parking back here. As you approach the intersection the 7 parking ends, the bike lane shifts to the far right, the lanes widen out, you have a pretty wide lane 8 here that is kind of combined straight and free right once you get into this area. It is pretty 9 unsafe for bicyclists because they have to go through the intersection, they have to navigate 10 across, and get back over here, or stop and walk their bikes across the crosswalks. So we have 11 been working with the bicycle community and our current proposal, which they are in 12 concurrence with is to provide the two lanes for east-west travel and then provide a ten foot wide 13 kind of mixed use lane on the right side. So this is where the parking would end back here and 14 then instead of the bike lane coming over to the right the bikes would continue down. There 15 would be a dashed line to warn motorists that that is a bike travel way and then the cars turning 16 right could come over and come up, stop, and then make a right tum. So the stop arc controlled 17 right would encourage cars to slow down as they approach and make the right. It would also 18 allow cars that are coming into the Starbucks parking lot to be able to get out and go up and tum 19 right and sometimes they have to go around a few times to find a parking spot. 20 21 Another item I would like to just briefly touch on is some of the drainage changes. Currently the 22 overall roadway drainage is running north to south on El Camino. It flows this direction down 23 eventually to Matadero Creek. Then it also flows east along Stanford Avenue to El Camino and 24 down. So on the Stanford comer there is currently a large bank of inlets right here that collect all 25 the water coming down Stanford and El Camino and drops it into a big junction box there, which 26 combines with a lot of drainage coming off of the Stanford campus and it goes into a large, I 27 believe it is about a five or six foot diameter pipe running under the edge of El Camino. That is a 28 Caltrans drainage pipe that takes the drainage down to the creek. 29 30 So since we are introducing a bulbout here with the curb we would be adding a bank of inlets 31 here to replace this bank. So all the water coming out EI Camino would be picked up here and 32 then taken in a pipe over to this junction box and dropped into the system. Likewise we would 33 add an inlet here that would bring the water from Stanford Avenue over. Then on the other side 34 the same thing, we are adding an inlet here at the beginning of the bulbout and a pipe to bring the 35 water into the underground system. 36 37 Stanford has some concerns about this bulbout that we are introducing. During a higher year 38 stonn event when the main stonn drain running down Stanford A venue is maxed out the water is 39 water is actually traveling as overland flow on the street and the adjacent campus. It basically 40 continues running down EI Camino. So they have some concerns about this bulbout that we are 41 adding potentially backing up flow a little bit in tIns area. So we are continuing to work with 42 them on that concern and looking at that. 43 44 With that I am going to tum it over to Brian Fletcher from Callander Associates. He is going to 45 talk a little more about some of the pedestrian enhancements that we are adding and some of the 46 aesthetic improvements. Thank you. City of Palo Alto Page 3 1 2 Mr. Brian Fletcher, Callander Associates: Thank you Brad. Thank you Commissioners. This is 3 the overall plan as it relates Stanford AvenuelEl Camino Real. Just to talk a little bit about the 4 overall pedestrian and landscape improvements that you see here. First are native trees, native 5 groundcover, and native or drought tolerant grasses. It is slightly in flux. We have an upcoming 6 ARB meeting, subcommittee meeting, coming up here to complete verification. We are going to 7 bring a new species of median tree in front to them. The plan itself as you can see here the eight- 8 foot median would provide us the opportunity to bring in large trees. That is the tree that we are 9 going to provide some alternatives to at that meeting. So you can see those new trees coming in 10 here as well as infilling the sidewalk street tree pattern with London Plane trees both on the east 11 and west sides, you can see with those here and there. There also are some inclusion for large 12 Valley Oak trees to provide some shade and some gateway elements at the intersection itself. 13 You will see a little bit more in detail of that planting when I get to some of the prospective 14 sketches as well. 15 16 To look at it in a little bit more detail, and specific improvements let's talk about materials and 17 such. Brad talked about the reconfiguration of the crosswalks themselves. That pedestrian 18 environment would be further enhanced through the use of colored asphalt paving. So it would 19 go beyond the standard white stripes for the crosswalk. You can see here we are proposing a 20 colored asphalt paving. Pedestrian zones including the refuge area, and island, and the nosing of 21 the median, as well as these enhanced bulbout areas would all be provided with a colored 22 concrete, again to further enhance the pedestrian environment, a tighter score-joint pattern for 23 aesthetics and such. 24 25 To look a little bit closer at some of the pedestrian enhancements on the comers I think it might 26 be helpful to look at the prospective use itself. At the Starbucks comer we are looking at again 27 colored asphalt crosswalks, colored concrete pedestrian zone, this comer would be enhanced 28 with a low seat wall, and planting behind the seat wall. You can also see the Valley Oak that 29 would be located here and a complimentary one is located on the next comer, which you will see 30 on Stanford A venue there. 31 32 The Stanford comer improvements. Again, there is the large Valley Oak, the pedestrian 33 pavement enhancements, then we have the opportunity for a meaningful landscape area behind 34 the sidewalk there before you get to the Stanford property. You can see that running right 35 though here. We are bringing forth a modified paving in this location that ARB requested at the 36 next subcommittee meeting. It just would reduce slightly the amount of concrete paving over 37 there. That is the other thing that we are bringing in front of the subcommittee -would be some 38 alternative pedestrian light selections. So we are bringing three things to the next subcommittee 39 meeting for them. So with that I will return it to Shahla. 40 41 Ms. Yazdy: Thank you. I just wanted to go over some of the City and community involvement 42 and outreach that we have done to date. We have had a local stakeholders meeting on November 43 19 where we invited the area businesses and also some of the key representation from the bicycle 44 community, the school community. So notices went out to pretty much everyone in the area and 45 also neighborhood associations were informed. So that meeting was held on the 19th where we 46 showed and discussed the plans. That was the first time that we took our proposal out there and City of Palo Alto Page 4 1 we got a lot of good feedback, heard from everyone. So there were a lot of comments that we 2 received. 3 4 The second meeting was the community meeting that we held on December 8 at Escondido 5 School. We noticed neighborhood residents in the area and also again some of the representation 6 from some of the key groups out there. Also, the Architectural Review Board, we went to a 7 study session on December 3, a full public hearing on January 7, and also we are going back as 8 Brian mentioned on a subcommittee level to discuss kind of the final changes or more options for 9 the median trees and the streetlights. They wanted to see that in more detail. We are having the 10 Planning and Transportation Commission meeting tonight and also to go to the Council on 11 February 8. In the meantime I think it is important to say that we are continuing as we finalize 12 the design plans with Caltrans we are hoping to continue to work with PABAC and the bicycle 13 community, and also the school safety committees to just make sure that we have everything that 14 would work as far as they are concerned. Also meetings with Stanford regarding the drainage 15 issue will continue until we can resolve some of the drainage problems, which we definitely 16 think we will be able to. 17 18 The next steps again are to finalize the streetscape design by hopefully the end of this month, 19 obtain recommendation from the City in February, obtain approval from Caltrans and that would 20 begin in February for final approval in March. I would like to just add a statement about kind of 21 this really accelerated timeline. The grants that we obtained had construction funds that expire at 22 the end of actually June 30, 2010. So they were set aside for fiscal year 2010. So in order to 23 meet the deadline we need final approval in March so that later we will be going to the CTC for 24 release of the state and federal funds. So that would happen in March, which is spring of 2010, 25 and hopefully to begin construction in fall of this year. 26 27 I think we are going to make a final comment before opening it up to questions and comments. 28 29 Ms. Julie Caporgno, Chief Planning and Transportation Official: Thank you Shahla. I just 30 wanted to bring to the Commission's attention that you had received an email a short time ago or 31 late this afternoon from Penny Elson. She had indicated she was concerned because this had not 32 gone to the City School Traffic Safety Committee. The reason it didn't is the Chair of the City 33 School Traffic Safety Committee had been notified as well as the PTA representative from 34 Escondido School. However the committee didn't meet in December so we were unable to take 35 it to them prior to now. We have scheduled it for next week so we will be heard by the 36 committee next week. So I wanted to assure the Commission that the committee will have an 37 opportunity to review the project before it goes to the Council on February 8. 38 39 Chair Garber: Commissioners, we have 13 people from the public that would like to speak. I 40 would like to go ahead and hear them first because that is nearly 40 minutes of testimony. Do 41 you want to give the Commissioners an opportunity to read through that? 42 43 Commissioner Keller: If I may, I am just suggesting that Staff might wish to address the 44 comments rather than just us reading them. Staff might wish to address the comments in my 45 question. 46 City of Palo Alto PageS 1 Chair Garber: Would you like to go over Mr. Keller's questions for the benefit of us all and do a 2 brief review of that? 3 4 Mr. Curtis Williams, Planning Director: We can do that but there are 15 questions so it would 5 take a little while. We did provide them and maybe it would be more efficient to take a couple 6 of minutes to look them over and then ask us questions. If you would like we could probably 7 push through them fairly quickly I think. 8 9 Chair Garber: Commissioner Fineberg. 10 11 Commissioner Fineberg: Are copies of the responses available for the public that is present? 12 How will they be distributed for the greater public to review so they become part of the record? 13 14 Ms. Caporgno: The responses are back at the table. We can put them online also. We just have 15 not had a chance to because we just responded this afternoon. We can have them online by 16 tomorrow. 17 18 Chair Garber: Commissioner Keller. 19 20 Commissioner Keller: Yes, thank you. In the answer to number one it says scaled drawings of 21 the intersection are attached for our review. Does that mean they are attached to the Staff Report 22 or does that mean they are attached to this document? They were not attached to this document 23 and the Staff Report while it is a scale drawing it doesn't really have a scale that is useful. At 24 least Attachment A has existing conditions scale. The Attachment B doesn't have any scale that 25 I can see. So I am not sure that these are really useful scale drawings. So I was hoping to see 26 something blown up and easier to read. 27 28 Ms. Yazdy: I apologize. I think they were not printed and attached to this but we can certainly 29 get that over to you, email it as soon as possible. They were scale drawings so that would help 30 with some of the questions that you had. 31 32 Comnlissioner Keller: So in other words, I am not going to be able to review them for the 33 decision that I have to make tonight. 34 35 Ms. Yazdy: We will be getting those plans up to you. I apologize. 36 37 Chair Garber: So Commissioners, let's do our best. You have copies of Commissioner Keller's 38 questions which if we can try scanning those and if necessary we can spend a moment after we 39 get through everything we can have specific questions on those. With that let's open the public 40 hearing. We have 13 members of the public that would like to speak. You will each have three 41 minutes. I will call two names in a row so the second person can stage themselves behind the 42 person speaking. The first person to speak is Joan Marshall followed by John Morris. Welcome. 43 44 Ms. Joan Marshall, Palo Alto: Hi. I am a cyclist. I ride from Redwood City to Palo Alto every 45 day and I cross this intersection. My concern is on the way back going east to west crossing EI 46 Camino. That is very dangerous and the reason is there is a long line of drivers making a left City of Palo Alto Page 6 1 tum from the west side going north on EI Camino. Once they get going, once that light turns 2 green they just go. They don't stop for anybody. They don't stop for drivers, pedestrians, or 3 cyclists. 4 5 One time I was crossing not too long ago and I got to about the middle of the street and the long 6 line is coming through, and I am waving my arms because they are not stopping. I am saying I 7 have the right-of-way and they still didn't stop. So I finally just stopped there in the middle of 8 the road and let all the drivers go by and then I got across just before the light turned red. 9 10 So Ijust wanted to bring up the point that it is the traffic turning left that is really dangerous. 11 Thank you. 12 13 Chair Garber: Excuse me one of the Commissioners had a question for you. Commissioner 14 Keller. 15 16 Commissioner Keller: If I may, I am just trying to figure out which direction, from where to 17 where the traffic is going or the left turns are causing problems. 18 19 Ms. Marshall: So the dtjvers are turning left onto EI Camino. They are going north on EI 20 Camino. They are on the west side of EI Camino on Stanford A venue. So they have come from 21 Junipero Serra. 22 23 Commissioner Keller: From Junipero Serra turning left onto EI Camino towards Menlo Park. 24 25 Ms. Marshall: That's right. They wait there a long time so by the time the light turns green the 26 line has at least ten or 15 cars. Once they get going they just don't want to stop. 27 28 Commissioner Keller: Which direction are you going? 29 30 Ms. Marshall: I am going the opposite direction and it is like going through a gauntlet trying to 31 cross that street. I think pedestrians too have the same problem. 32 33 Commissioner Keller: So you are trying to cross EI Camino. 34 35 Ms. Marshall: That's right. 36 37 Commissioner Keller: Okay, thank you. 38 39 Chair Garber: You are describing an existing condition. 40 41 Ms. Marshall: Yes. 42 43 Chair Garber: Yes. All right, thank you. John Morris followed by Paul Machado. 44 45 Mr. John Morris, Palo Alto: Thank you. Ijust found out about this plan. I live in Evergreen. I 46 found out about this plan through an invite in the mail to come to some of the meetings. That City of Palo Alto Page 7 1 was about five weeks ago. What this seems like to me is a fast-track beautification plan more 2 than anything else. I am deeply concerned about the safety issues that I think are less of a 3 priority than are the beautification, the attempts at beautification. Part of what bothers me is the 4 talk about squeezing lanes and extending or putting in these bushes and trees and things like that. 5 That somehow that is going to make it a safer and more improved intersection. It doesn't make 6 sense to me. 7 8 Eliminating the pork chop, I am concerned. Coming south on El Camino to tum right onto 9 Stanford Avenue with a new mall like comer that is being planned there I think it makes it 10 awfully tight for buses to come around that comer. When you are talking about squeezing things 11 and it is adjacent to the Starbucks parking lot I think you are going to have some real problems 12 with backup there and you may have accidents as well. 13 14 I am not interested in promoting that intersection as a gateway project into Evergreen for 15 purposes of anything but transportation. We have difficulties there with transportation as it is. 16 So I would like it if things could be examined very carefully in terms of the safety and make that 17 the absolute priority. Make that were the money goes. Make that where the brains go and put all 18 this other pretty stuff on the back burner if it is affordable after everything is safe. Thank you. 19 20 Chair Garber: Thank you. Paul Machado followed by Wolfgang. 21 22 Mr. Paul Machado, Palo Alto: Good evening. I am a Palo Alto native who resides on Stanford 23 Avenue. That is where I grew up. At this time I am concerned if the improvement project for 24 Stanford and EI Camino will only contribute to the congestion on Stanford A venue. I do not 25 believe this project will reduce traffic on Stanford A venue nor make Stanford Avenue itself 26 safer. It would only be, as previously mentioned, be a gateway to entice more traffic into the 27 neighborhoods. Thank you. 28 29 Chair Garber: Thank you. Wolfgang Dueregger followed by Jim Wolfe. 30 31 Mr. Wolfgang Dueregger, Palo Alto: Hello. I am also a resident of Evergreen Park 32 neighborhood. We live a block from El Camino and Stanford Avenue. There is a lot of attention 33 given, for good reason I say, for the western part of the intersection but what about the eastern 34 part? Are there also things planned like narrowing Stanford Avenue on the eastern side towards 35 the entrance into the Evergreen Park neighborhood for example? Because there there is always a 36 flood of young kids coming out every morning to school, to the Escondido Elementary School. I 37 am just wondering if on that side of the intersection also some more planning has been done 38 because from the outline I can only see, okay, the colored intersection, but not that much else. 39 For example, is there also a narrowing of Stanford A venue planned, which would probabl y be 40 good plus a wide bike lane in terms of safety. 41 42 The other thing I would like to raise is if I am not mistaken there is also a plan to put a 43 Marguerite bus stop there. I have to tell you as a resident there the overflow parking will get 44 nluch worse. What people will do is they will park their car in our neighborhood and then hop 45 onto the free Marguerite and go to Stanford. So I would also like to have this issue addressed, City of Palo Alto Page 8 1 how this non-intended but actually take this overflow parking that actually does take place how 2 this is being addressed. Thanks. 3 4 Chair Garber: Thank you. Jim Wolfe followed by Mike Dhillon. 5 6 Mr. Jim Wolfe, Palo Alto landowner: First of all, thank you Commissioners for the opportunity 7 to speak to you tonight. I am the landowner of the Starbucks. I met with Starbucks managenlent 8 so I speak to you tonight on behalf of the Starbucks and the issues that are posed here. 9 10 The economy is fragile and having just met with the Starbucks people they have closed 900 11 stores. The sales at this particular store are down. The adjacent business, the Barbeque and 12 Galore went bankrupt, and was purchased by another owner in an attempt to bring it back. The 13 store to the left of that has been vacant forever. The store to the left of that, the Sleep Train, I am 14 a Sleep Train landowner/property owner and lease to Sleep Train. I can tell you that their 15 business is substantially down. So my plea to each of you tonight is to attempt to create a 16 situation, visibility, and enjoyment on the part of the patrons who come to the Starbucks to enjoy 17 that experience to as great a degree as possible and to allow visibility as people drive up and 18 down EI Camino. About half the business that comes to the Starbucks is predicated actually on 19 people driving up and down EI Camino. 20 21 I have attended a few sessions and I would tell you that many changes have been made. I would 22 tell you that democracy is alive and well in your community. Shahla and her team and the 23 landscape team that you have hired to consult on this project and make recommendations has 24 really done an exceptional job. I would tell you that there is only one issue that I want to raise 25 with you that I hope each of you would address and hopefully make a particular change. Quite 26 frankly I am pleased with the direction of everything that has happ~ned. I do believe that this 27 intersection will be better both in safety and visibility. I was particularly concerned about the 28 Stanford area and the farm-like setting having both my kids go to Stanford and I like what is 29 being done there. I would tell you that the biggest issue for me is right up there and it is the oak 30 tree. This balancing situation that they are trying to create by putting an oak tree right there next 31 to the Starbucks. It looks to you perhaps like it is way away from the Starbucks. It is not way 32 away. An oak tree is a humungous tree. Just walk on the Stanford campus. The trunk will be 33 two to three feet eventually if not sooner than later if they put a bigger one there. 34 35 I think that would be a good one to look at. Right there that leafy tree to your right that is not a 36 leafy tree that is going to go there. That would actually be a nice situation. They are going to 37 put an oak tree and an oak tree is huge. It is going to drop tremendous debris on that area, and 38 most importantly, and I am going to leave you with a picture here, it is going to take away 39 substantial visibility from the site. My plea to you would be to change that tree to a tree like that 40 tree, for example a sycamore, something other than a massive oak tree. Although that looks like 41 it is many, many feet away it is only just a few feet away from the store. That is where the 42 customers sit. It is going to be a tremendous amount of debris and it is going to block visibility. 43 I have asked Mike Dhillon to speak to you tonight. He is on your agenda. He is a landscape 44 designer who has done the master plans for the parks of San Jose, Santa Clara, and Mountain 45 View. 46 City of Palo Alto Page 9 1 Chair Garber: Mr. Wolfe, I am going to remind you your three minutes are up if you would like 2 to sum up. 3 4 Mr. Wolfe: I just want to say this I appreciate everything that has been done here. It is a lot of 5 hard work. I do think it is going to be a great intersection. I would just say that I would 6 appreciate your attention to that particular oak tree. 7 8 Chair Garber: Okay, thank you. 9 10 Mr. Wolfe: Thank you very much. 11 12 Chair Garber: Mike Dhillon followed by Sarah Carpenter. 13 14 Mr. Mike Dhillon: Thank you. Good evening ladies and gentlemen of the Commission. We are 15 landscape architects and have been for 30 years. We have worked in urban scenarios like this 16 and we have some experience with Valley Transit Authority project. We are fortunate they are 17 paying close attention to our transportation in this valley and this is one of the projects that is 18 really an exemplary example of what they want to do. 19 20 The one thing that we have an issue with is if you look at the picture on the screen right now the 21 Starbucks sign right behind the lights on the dark side of the building would be blocked fronl 22 view as you come down El Camino Real going south. My experience with situations especially 23 on a comer like this is when you are going to go meet someone at Starbucks and you see that 24 sign at the last minute you make an erratic decision while you driving. If you tum right really 25 hard or you slam on your brakes or whatever because you didn't see the sign until you got right 26 on top of it. So having that tree in that location would be actually or could invite some 27 dangerous driving. I would inlagine over tinle you would experience that. 28 29 The other thing that really is problematic with that particular tree at that location is we already 30 have two trees within 20 to 30 feet of this. They are very, very large trees, which are setback 31 behind that sign. If you go to the slide that we had exhibited before there, maybe I have a way to 32 point it out. It would be the plan view. Maybe the one up there with the roadway, okay there. It 33 doesn't show the trees right there but adjacent to the end of the building on the right of the dark 34 tree there are two trees that are exactly the same size as that view light now. So it would be a 35 little bit south of that. What I am saying is that those trees will fill in and give you a very large 36 canopy situation. They are both London Plane trees. They fit in with your street tree 37 environment. I think those trees once they do fill in as they already have in a lot of ways will do 38 the job of creating a shaded area especially at that location. We are at the north side of the 39 building. In the interest of creating a sustainable design on this we don't really want to have day 40 lighting blocked by a dark oak tree to the north side especially of our building. There are 41 windows along that side of the building and the introduction of especially a dark foliage tree 42 there after we already have two light foliage trees would really cut down on the clearstory day 43 lighting. If you have been in that building there is just a lot of nice light. You can actually read 44 without glasses on, at least I can, which is nice. So we are opposed to having two trees as a 45 gateway effect. We think those trees both belong on the Stanford side to better balance with the 46 existing trees around the site. That is probably enough. Thank you. City of Palo Alto Page 10 1 2 Chair Garber: All right, thank you very much. Sarah Carpenter followed by Roger Pierno. 3 4 Ms. Sarah Carpenter, Palo Alto: Hi. I live in Evergreen Park and have been a neighbor in that 5 neighborhood for 15 years. I was also School Traffic Safety Rep at Escondido. I have two kids, 6 one still at Escondido. I also was the person who spearheaded getting a crossing guard at 7 StanfordlEl Camino because there are so nlany children that cross that intersection every single 8 day in both directions, both from College Terrace that go to Jordan and Paly, and fronl all of the 9 east side of EI Camino because half of Escondido is a school-wide program. So with all the 10 green that is going on there are much more people who are biking. So there are not just kids 11 from our neighborhood that bike across EI Camino but also all the way from North Palo Alto and 12 South Palo Alto. So this is a huge intersection. 13 14 I must say that I anl delighted with this plan. Finally we are getting recognition of how 15 dangerous this intersection is. I think in the Mercury News last year this intersection was one of 16 ten listed as the most dangerous intersections for cyclists. Having cycled across that intersection 17 many times I can tell you that either way people in cars do not see you, they don't care about 18 you, they speed, they are worried about getting to their jobs, to Starbucks, to park, whatever, and 19 it is incredibly difficult to navigate. When you are ten or 11 it is even harder. 20 21 I want to also say that we personally in our family have had at least two near accidents where 22 cars don't stop or pay attention to the cyclists and they have actually crashed. My husband 23 luckily was not in it but he was on the bike and caused the crash because they were not paying 24 attention. My daughter was clipped once on the back of her bike. 25 26 Also, I have to say that the way it is currently configured you have to do a light jog to actually 27 get across on a decent time. If you do get stuck in the middle you have to be skinny because 28 those cars whiz by really, really fast. So I want to emphasize that also with that side where you 29 don't have any sidewalk right now, it is all dirt, no room for anybody to cross on the other side 30 there. On Stanford it is wonderful that we are actually going to encourage pedestrian crossing. 31 So I just want to reemphasize that this is a bike, car, and pedestrian intersection and all this takes 32 consideration for everybody and I strongly support it, and so do a lot of my neighbors who use it 33 everyday on bike or on wheels. Thank you. 34 35 Chair Garber: Thank you. Roger Pierno followed by Charles Carter. 36 37 Mr. Roger Pierno, Palo Alto: Good evening Commissioners. I live on College Avenue. I 38 assume you have read the email I sent since I saw it in your package. So I will therefore just 39 briefly reiterate nly concerns. 40 41 First let me say that I am pleased to see tonight one of my concerns resolved with the addition of 42 the right tum lane on Stanford Avenue. In general I agree that the crosswalks and medians need 43 improvements to increase pedestrian traffic but that said replacing the existing right tum lane at 44 EI Camino at the bulbout curbs and plazas would decrease traffic flow, which will thus be 45 violating one of the project goals, and also wasting public space as the plazas will be rarely used. 46 In addition to reducing traffic flow taking away the right tum lane would cause longer waits at City of Palo Alto Page 11 1 the intersection, increased driver frustration, and increased pollution with drivers waiting, 2 stopping, and starting. Without the right tum lane on El Camino through traffic on El Camino 3 will have to slow or stop behind drivers turning right. 4 5 So I therefore propose a solution similar to what was just changed on Stanford A venue to widen 6 the bike lane on El Camino on the Stanford comer so that it too is ten feet wide so that cars can 7 make a right tum there when the light is red. I assume it would be good to have that be maybe 8 100 feet long instead of 50 feet long like the one Stanford Avenue so that cars can pull over to 9 the right and tum and not impede through traffic in that far right lane on El Camino. I think 10 these modifications I propose would just increase the crossing distance across El Camino on that 11 side by five or six feet. 12 13 Finally, I am just going to say a few comments about the process. It is upsetting to n1e that this 14 project has gotten essentially no pUblicity and the design received no input from the 15 neighborhood or any of the neighbors. The only input from property and business owners at the 16 intersection, bicyclists, and pedestrians, and only after it was first drafted. The community 17 meeting held in December, two weeks before Christmas, was poorly advertised, poorly attended 18 and the attendees not representative of the comn1unity. Even though the project is on a fast track 19 for approval it still deserves the benefit of real community input. Thank you. 20 21 Chair Garber: Thank you. Charles Carter followed by Cathy Blake. 22 23 Mr. Charles Carter, Stanford University: Good evening Commissioners. I live in Palo Alto but 24 tonight I am representing Stanford University. We wrote a letter prior to the project going to the 25 ARB that is in your packet. So I will focus my comments tonight on a few brief con1l11ents. 26 27 In general Stanford supports the engineering modifications such as the elimination of the pork 28 chops, the addition of the bulbouts, and the median refuges to make the intersection more 29 friendly to pedestrians and cyclists. We believe these improvements also yield significant safety 30 benefits to an important school commute route and campus access. 31 32 The proposed aesthetic enhancements, the paving and the crosswalks, appear to support the 33 engineering modifications. We especially appreciate Staff's ongoing outreach efforts and the 34 opportunity to meet with Stanford and our opportunity to meet with the consultants and to work 35 cooperatively toward a design that meets the needs of the City, Caltrans, and local stakeholders. 36 We support the ARB recommendation that the project team continue to work with stakeholders 37 on landscape design details and elimination of features intended to create to a gateway or public 38 gathering place. Instead it is important to develop a design vocabulary appropriate to this 39 particular application and to the greater objectives articulated in the El Camino Real Master 40 Planning Study. 41 42 We understand that Caltrans did the CEQA on this and issued a Negative Declaration. We think 43 that evidence should be provided that demonstrates that the potential environmental impacts of 44 traffic delays and potential flooding were considered adequately in determining if the project is 45 categorically exempt from evaluation under CEQA. We can support a recon1l11endation for 46 approval that would allow the project team to continue to work with property owners and other City of Palo Alto Page 12 1 stakeholders to refine and coordinate grading and drainage design and landscape design features. 2 We have met with City Staff and the City's outside engineers but the technical question of 3 possible overland flooding in major storms has not been fully resolved and we will continue to 4 evaluate that situation. 5 6 Our campus landscape architect that has worked on both the EI Camino Real Master Plan and 7 our EI Camino Real Frontage Plan is also here and available to address specific landscape 8 concerns if you have any further questions. Thanks. 9 10 Chair Garber: Thank you. Mr. Carter, Commissioner Fineberg has a question for you. 11 12 Commissioner Fineberg: I couldn't discern whether you said Stanford can or cannot recommend 13 approval as it stands. 14 15 Mr. Carter: We can support and recommend approval of the engineering changes. We would 16 like the ability to continue to work with the City Staff and the consultants on the drainage issue 17 and the refinement of the landscape, but we support the basic engineering configuration. 18 19 Chair Garber: Thank you. Cathy Blake followed by Paul Goldstein. 20 21 Ms. Cathy Blake, Stanford University: Hi, I am from Stanford. I filled out the card because I 22 wasn't sure what we were going to see up here. I do want to thank the Staff and the consultants 23 who have worked really hard since mid December when we first started looking at this to 24 accommodate and make changes and make it more compatible with what we think will work out 25 there. So like Charles we may not be finished but in concept I think it has come a long way and 26 is very close to what we think is a good scheme for this corner. Thank you. 27 28 Chair Garber: Thank you. Paul Goldstein followed by John Ciccarelli. 29 30 Mr. Paul Goldstein, Palo Alto: Hi I live on Emerson Street and I am currently the Vice-Chair of 31 the Palo Alto Bicycle Advisory Committee. I was on the original advisory group for the EI 32 Camino study that was a pilot project by Caltrans to look at making that road a more pedestrian 33 and bicycle friendly road. 34 35 There is a statewide effort. It was begun at that time but it is gaining momentum to make all of 36 our roadways safer for non-motorized travel as well as for motorist. This project is the first 37 project that will actually allow us to begin building on the recommendations of that EI Camino 38 study and begin to make EI Camino a more suitable place for pedestrians as well as maintaining 39 the motorist capability to use the road. 40 41 I strongly support the project. The major components have been outlined here. I think the 42 biggest safety improvement is the shortened crosswalks and the elimination of the pork chop 43 island. As a bicyclist making those turning radius's tighter for turning traffic, slows down 44 traffic, and makes it safer. There is nothing as scary as approaching an intersection when you are 45 trying to slow down and yet the car behind you is speeding up to try to make a right turn into City of Palo Alto Page 13 1 traffic as they look behind them to see if there is any approaching traffic on the other side of the 2 intersection. So free right hand turns are definitely something that bicyclists do not like. 3 4 Trees in general tend to slow down traffic. They tend to make an area more pleasant for both 5 pedestrians and bicyclists, and speed for bicyclists is another major scary thing. Speeding traffic 6 is much more dangerous and much scarier as I have said. 7 8 An issue that has been mentioned before by another cyclist is trying to go straight across the 9 intersection headed westbound. This project unfortunately does not solve that problem. So I 10 would say it remains a major problem. I would suggest that Staff continue to investigate with 11 Caltrans whether there is any way to change the phasing of those lights to give pedestrians and 12 cyclists, but especially cyclists westbound, an opportunity to get out ahead of the left turning 13 traffic conling out of the College Terrace neighborhood. 14 15 So in short, I would just like to say I think this is a good project and I encourage you to nlove it 16 ahead so that we can get the funding that is set aside for us at this time. 17 18 Chair Garber: Thank you very much. Mr. Goldstein, before you retire Commissioner Keller has 19 a question for you. 20 21 Commissioner Keller: Thank you. I think you are the best person to answer this question for 22 me. You would answer it from a bicyclist's perspective, which is one of the perspectives I 23 would like. So if you think about Stanford Avenue traveling eastbound approaching the 24 intersection. 25 26 Mr. Goldstein: Yes. 27 28 Commissioner Keller: You identified a problem as persisting, which another speaker referred to, 29 which is the left turn onto EI Camino north. 30 31 Mr. Goldstein: Now, if you are approaching it westbound was what I was talking about. 32 Coming out of the Evergreen Park neighborhood headed towards -from here it would be headed 33 towards Stanford University. 34 35 Commissioner Keller: Right. In other words, the cars going from Stanford onto EI Camino 36 north and the bicyclists coming from Evergreen. 37 38 Mr. Goldstein: Yes. 39 40 Commissioner Keller: That straight bicyclist and left turning car conflict. Right. I understand 41 that. What I am wondering about is if you think about Stanford A venue people turning from 42 Stanford the cars going eastbound and turning right onto EI Camino south. I am wondering how 43 the interplay of the cars doing that and the bicyclists presumably going straight into Evergreen, 44 how that will work. What you envision for that especially with people going on left turns and 45 people impatiently waiting behind left turns to go right. How do you envision that working? 46 City of Palo Alto Page 14 1 Mr. Goldstein: Well, I think it is an improvement over the current situation because the pork 2 chop has been eliminated in the lower right hand side. The traffic turning right has to go slower. 3 So a bicyclist would position himself or herself in that essentially right most traffic lane and that 4 is a generally pretty safe place to be. So I would say that it is an improvement over the current 5 situation. 6 7 Commissioner Keller: So basically there would be a lane there for people going left and straight 8 on the left, the right lane to the right of the dotted line would be for cars turning right and for 9 bicyclists going straight. Is that? 10 11 Mr. Goldstein: Yes, it is not really a dedicated right hand tum lane but it is a shared bicycle lane. 12 California law says that before an intersection if there is a bicycle lane you should merge into 13 that bicycle lane when it is suitable to do so. If you are motorist make sure that there is not a 14 bicyclist in there, but bicycles and motorists share it. Again, because of the elimination of the 15 pork chop I suspect that traffic speeds will be relatively slow just to get onto El Camino. 16 17 Commissioner Keller: So you are not worried about cars that are sort of queued up there trying 18 to go through being impatient and not being safe to bicyclists. 19 20 Mr. Goldstein: Not particularly. The times that they are queued up there is a light and it will be 21 slow. 22 23 Commissioner Keller: Okay, thank you. 24 25 Mr. Goldstein: So when PABAC looked at it we were not particularly concerned about that. 26 27 Chair Garber: Thank you very much. John Ciccarelli followed by David Shapiro. 28 29 Mr. John Ciccarelli, San Mateo: A former resident of College Terrace speaking as a private 30 citizen currently living in San Mateo. I was College Terrace's representative on the El Camino 31 Study Advisory Group years ago with Paul. 32 33 I wanted to commend the City and Caltrans for moving forward with this. It is good to see this 34 come to fruition. I think as others have spoken the pedestrian safety benefits by far are the 35 biggest benefit here. Secondarily, benefits to bicyclists. 36 37 There are a couple of issues left over as Paul mentioned because of the split phase signal. 38 Because the movements on Stanford A venue both go at the same time you inherently have 39 conflicts between left turners and through traffic. A couple of things that you might try. I do 40 think that going away from split phase should be the eventual goal although it costs some cycle 41 time it makes it much safer for a through bicyclist. 42 43 There is a technique called 'leading pedestrian interval' or 'pedestrian head start' that is used in 44 San Francisco and many other places, possibly even Palo Alto to get pedestrians off the comer 45 before the motor traffic gets a green light. The same technique can be applied to bicyclists. So 46 that is one thing to look at. Call it a bicycle head start. City of Palo Alto Page 15 1 2 Another thing that n1ight be looked at is a nonstandard marking that New York City DOT has 3 pioneered. They actually have a set of standard details for this. This is an intersection 4 continuation marking to indicate the path of the bicyclist through the intersection. In fact they 5 have three levels of intensity for this marking depending on the level of turning conflict. I have 6 pictures of this for Manhattan. New York is kind of leading the way. They are out ahead of the 7 manual on unifonn traffic control devices but it is worth looking at what they are doing to 8 resolve this very san1e issue that the first commentator mentioned. 9 10 In the eastbound direction, in the shared curbside ten-foot space that Paul was just discussing 11 with Commissioner Keller you might consider adding a shared lane marking aligned towards the 12 left side of that ten-foot space. This is the same marking that is on Alma northbound just north 13 of Homer to encourage cyclists to stay away from the curb as they move from the Homer 14 Undercrossing to Forest Avenue. 15 16 Lastly, this is a crosswalk nit. Colored crosswalks are good but for the service to low vision 17 pedestrians who absolutely require contrast cues to navigate all colored crosswalks should have 18 the 12-inch white lines as well. So someone whose vision is very limited but they are not blind 19 can navigate by contrast. Thank you. 20 21 Chair Garber: Thank you very much. David Shapiro followed by Cecltjc de La Beaujardiere. 22 23 Mr. David Shapiro, Palo Alto: Hi, I have been a resident of Evergreen Park for 15 years. I live 24 on Stanford Avenue east of El Camino. Since 2001 I have escorted one or both of my children 25 across that intersection to Escondido School mostly by bike or by foot. Between doing that 26 virtually every morning, the pickups, the activities at school, and my too frequent trips to 27 Starbucks in the middle of the day I would say that I have crossed this intersection easily 3,000 28 or more times in the past nine years. My observation is it is an incredibly dangerous intersection. 29 I have witnessed numerous near accidents between cars, between cars and bicycles, and cars and 30 pedestrians. I have not let my kids go across it on their own until they were in fifth grade, the 31 last year at Escondido, and that was only after the crossing guard came on and only because they 32 go in a group of kids so there is kind of a gaggle, so that they are more visible to have kind of a 33 convoy going up in the monling. Even so, my last words to them often in the morning are 'be 34 careful crossing El Camino. Look to your left when the light turns green.' I shouldn't have to be 35 saying that to them every morning. 36 37 The dangers of this intersection have been known for many years. I want to address the 38 sentiments that some people have mentioned that this is kind of a rushed project and accelerated 39 approval timeline. We have been having meetings and plans about this intersection for many, 40 many years. All or n10st of these changes were part of the earlier iterations. In fact, I remember 41 one not too long ago would have cut El Camino down to two lanes in the northbound direction, 42 which was shot down because they were fearing backups. I think it actually would have worked. 43 There was a blockage of that lane for some construction for months at a time right after that plan 44 was abandoned and I didn't see a single backup occurring there. The point is that they are 45 relatively minor changes that are envisioned for this intersection and won't really in my opinion 46 have a detrimental effect on traffic flow through the intersection. They should slow down traffic City of Palo Alto Page 16 1 turning at that intersection and that is a positive safety effect that we would like to see. So in 2 conclusion I just want to say that I and many residents in my neighborhood strongly support 3 these changes. We are thrilled that it is actually hopefully going to happen very soon and we 4 would like you to consider and expedite the project as much as possible. Thanks. 5 6 Chair Garber: Thank you. Cedric de La Beaujardiere followed by our last speaker, Herb 7 Borock. If there is anyone else that would like to speak please fill out a card and bring it 8 forward. 9 10 Mr. Cedric de La Beaujardiere, Palo Alto: Good evening Commissioners. I am the Chair of the 11 Palo Alto Bicycle Advisory Committee. I am here to tell you that PABAC has reviewed these 12 plans and believes that they are generally an improvement for safety for bicyclists and 13 pedestrians. We believe the bulbouts and the extension of the median refuges will reduce the 14 turning radii and thus reduce speeds for tunling traffic. 15 16 We are still concerned about safety as has been mentioned for the westbound cyclists on 17 Stanford with the conflict with the left turners. The proposed crosswalk green preceding the 18 traffic green we believe would be helpful but that would still be just a pedestrian actuated and 19 would not necessarily be actuated for all bicyclists trying to cross. So it wouldn't help all the 20 time all the cyclists. It has been suggest that there could be signs reminding drivers or turning 21 traffic to yield to bicycles and pedestrians and that would be beneficial. While the bulbouts 22 would reduce some of the traffic capacity for right turners it was mentioned in our meeting that 23 during heavy commute hours the heavy EI Camino traffic pretty much prevents right turners 24 anyways so we believe that it wouldn't be that big of an impact on capacity for eastbound traffic 25 on Stanford, and that it would be an acceptable tradeoff for improved safety. 26 27 Finally, we believe that split phasing would be the most safe options for bicyclists and would 28 probably also be good for traffic flow on Stanford, although we do recognize that Caltrans might 29 have some issues. It would be nice if Staff could try to work with Caltrans to see if that would 30 be possible. Thank you. 31 32 Chair Garber: Before you leave Commissioner Keller has a question. 33 34 Commissioner Keller: I am wondering if you could speak very briefly to the effect on bicyclists 35 going northbound and southbound on EI Camino and how this would or wouldn't improve safety 36 for them. Through bicyclists northbound and southbound on EI Camino. 37 38 Mr. de La Beaujardiere: Again, I think that the more constrained turning radii will be slowing 39 the speed of the right turners so that will be a safety improvement for bicyclists. The wider the 40 radius and with the pork chop islands the cars can just whip through that corner really quickly. 41 Knowing that they are going to be able to turn very quickly they don't really slow down so much 42 so it is all around pretty dangerous. 43 44 Commissioner Keller: So the space for the bikes adjacent to the bulbouts going straight is fine 45 for your concern. 46 City of Palo Alto Page 17 1 Mr. de La Beaujardiere: Yes. 2 3 Commissioner Keller: Thank you. 4 5 Chair Garber: Thank you very much. Our last speaker of the evening, Herb Borock. 6 7 Mr. Herb Borock, Palo Alto: Good evening Chair Garber and Conunissioners. I would like to 8 hear some clarity on the process for approvals and where the project stands at this time. I 9 understand there was an Architectural Review Board hearing last Thursday and the Staff Report 10 indicated they were making a recommendation to the Director. Normally under the process the 11 Director would have made his decision yesterday. 12 13 You are being asked to make a reconlffiendation but I don't know what planning entitlement it is 14 for. It just says about intersection improvements. Then it is indicated here on the printed 15 presentation I have a copy of a City Council meeting on February 8 although I thought I heard 16 the date March 8. So it should be clear for the Commissioners and for the public as to what 17 types of approvals are being requested in this application and at what level of the City those are 18 being made. 19 20 I thought I heard mention from a property owner about concern about a mature tree. It reminded 21 me of California Avenue's trees. There were lots of reasons given but I think it has come clear 22 even with the comments from the Director of the California A venue Area Development 23 Association that the main reason for cutting down the trees was to facilitate future development. 24 It seems to me if there is any concern from someone, a property owner, of cutting down a mature 25 tree the time to bring that up is when the property redevelopment occurs rather than a discussion 26 of this project. 27 28 Finally, Mr. Carter from Stanford expressed a concern about what appears is the cumulative 29 affect on drainage, which seems to be creating a potentially significant effect. So this is not a 30 project that-is exempt from the California Environmental Quality Act for that reason. The 31 California Environmental Quality Act makes clear that you need to determine the mitigations for 32 a project such as for this drainage problem now. That you can't defer a decision as to what those 33 mitigations should be however much Stanford is willing to meet with the City and with others at 34 some future time that is not appropriate under the law. Thank you. 35 36 Chair Garber: Thank you. Commissioners, just as an FYI it is 7:15. I would like to try and get 37 through this by 8:00 or 8:30 the latest. If we do need to go beyond 8:00 we will have a brief 38 break at 8:00. Comnrissioner Tuma has a question to be followed by Commissioner Fineberg. 39 We will do questions, comments, and then discussion. We will pack it all together into one 40 conversation here. Commissioner Tuma. 41 42 Vice-Chair Tuma: The first question is a procedural question. Where does this go from here? 43 Our packet says that we are making a recommendation to the Director of Planning but the 44 presentation said it is going to go to Council. Where are we and where does this go? 45 City of Palo Alto Page 18 1 Ms. Caporgno: Originally when the Staff Report was written we were planning on the Director 2 of Planning making the recommendation to Caltrans. Since this has become more controversial 3 after the Council Meeting the other night one of the speakers had raised some issues about the 4 project in Oral Communications and the Council wanted us to report back to them. So we 5 decided we would just bring it to Council. 6 7 The CIP, Capital Improvement Progran1, identifies this project as one of the projects and the 8 process for review is to go to the Planning Commission. We added the ARB in because of the 9 design issues regarding the street furniture and the trees. The fact that it is a transportation 10 project primarily that is why it was identified to go to Planning Commission. 11 12 Vice-Chair Tuma: So it will go to Council simply for information or will they actually be in any 13 way acting on it? 14 15 Ms. Caporgno: They will be making the recommendation to Caltrans. If I may just add one 16 thing. Caltrans is the lead agency on this project so they are going to do the actual approval of 17 the project. The City is making a recommendation and that is why the environmental review 18 process that they identified, which was an exemption, is coming from them. 19 20 Vice-Chair Tuma: Okay, thanks. I would like to go to this exact screen. For the gentleman who 21 had given us this portion of the presentation on the traffic flow I would like to understand better 22 or more clearly how traffic that is eastbound on Stanford approaching El Camino making that 23 right hand tum, how that traffic interacts with the traffic that is eastbound on Stanford, stopped at 24 the traffic light waiting to make a left hand tum. 25 26 Chair Garber: I am assuming that would Brad Leveen. 27 28 Mr. Leveen: So back here the traffic eastbound on Stanford A venue there is one lane with an 29 adjacent bike lane, and then parking. So as the vehicles come up to the intersection, right about 30 here, this shared lane to the right would begin and the solid stripe for the bike lane would tum 31 into a dashed line all the way up. So at this point there would also probably be a sign here of 32 some type that would identify that it is a shared lane or yield to bicycles. So vehicles would 33 make the transition into that lane, come up to the stop bar, they would have to stop at a red light, 34 and then they could make a right tum if everything is clear. Meanwhile vehicles waiting to 35 either tum left northbound El Camino or go through would be sitting here. You see a red car 36 right there in that picture. They would be sitting there. So over time they would be backing up 37 as the light was red and at some point cars coming up Stanford would have to wait. This would 38 be about the limit where they could begin pulling over and using that shared lane to make the 39 right tum. 40 41 Vice-Chair Tuma: So is that two lanes? At the point where you come out of the parking lot 42 where Starbucks is I understand ... 43 44 Mr. Leveen: Yes, that is about where the shared lane would start. So this lane I believe is about 45 11 feet and then this would be ten feet over here. So right about there I believe is where the 46 dashed line would start and the shared lane would start. So you could come out of the parking City of Palo Alto Page 19 1 lot even if cars were stacked up here, you could come out of the parking lot, tum right, come up, 2 and tum right. 3 4 Vice-Chair Tuma: Okay. So have you studied the existing condition versus the proposed 5 condition and what the impact on stacking or staging in that area would be? In other words, is 6 this going to make it worse for cars coming out wanting to make a right hand tum? 7 8 Mr. Leveen: Is this going to be worse than the existing? 9 10 Vice-Chair Tuma: For automobiles in terms of are there going to be delays for people wanting 11 to make a right hand tum versus the current condition? 12 13 Mr. Leveen: I don't believe so. Here you go, this is the existing condition. Here is the parking 14 lot at Starbucks. So we are proposing at about here is where the shared lane would start. Right 15 now that extra wide lane does go a little farther back so vehicle,S somewhere in this area if cars 16 are stacked up back to about there vehicles can kind of squeeze by them. They kind of go into 17 the bike lane actually and straddle the bike lane line there and then come up and make the free 18 right. So our proposed situation, it is not on the aerial background, I think the Starbucks 19 driveway is about there. It is not quite as long. 20 21 Vice-Chair Tuma: Okay. Sorry, maybe I am not asking the question right but I am not getting 22 the information I am looking for. What I am trying to find out is, well maybe the way it was just 23 whispered in my ear is the way to ask it, which is over the course of an hour during rush hour 24 would there be more or less cars able to make that right hand tum? 25 26 Ms. Caporgno: Excuse me we had our Traffic Engineer look at that so maybe he could respond. 27 28 Vice-Chair Tuma: Okay, sure. That would be great. 29 30 Mr. Rafael Rius, Traffic Engineer: Good evening Commissioners. I was able to look at this 31 briefly. In my opinion it would be ab<;>ut the same and possibly even slightly better with the 32 proposed recommendation. 33 34 In this situation as you can see the bike lane ends about here so going off memory I think I 35 measured about 150 feet here. The vehicles can queue up here and if a car is up against the left 36 line potentially the cars can squeeze by around them, but as one wide lane if a car is queued up to 37 go straight or left but in the middle of the lane they could potentially not provide enough room 38 for a right turning car to get by. In this configuration there will be the left line and also the right 39 line for through and left cars to queue up. The right cars will be able to go into the shared lane to 40 make the right tum. I think right here as we showed it on here the dash starts about 100 feet 41 from the intersection. The final design hasn't been finalized yet so that could even be extended 42 up to 150 feet if needed. About 125 feet would provide about the same distance as what exists 43 right now. Theoretically the through and left tum vehicles would be queued up more organized 44 on the left side so cars could tum right easier. 45 City of Palo Alto Page 20 1 In terms of capacity of right turners turning right now even though we are referring to it as a free 2 right tum it is not technically a free right tum because the vehicles that come whip around here 3 still have to yield. It is a yield right tum. In looking at the analysis it is almost negligible as to 4 vehicles that would now have to come to a complete stop on a red but they would still be able to 5 go when there are gaps. During the peak hour it would be very similar as to what is available 6 now when cars go whip around here and have to stop and yield and wait for gaps up here. 7 8 Vice-Chair Tuma: Okay. Thank you. I will save that for comments. Just one other quick 9 question for Staff. The issue about the species of the tree and the blocking or not blocking of 10 visibility for the Starbucks that is there. Do you have any comments on that? 11 12 Ms. Yazdy: We are currently working with the business owners a lot from Barbeques Galore. 13 We have committed to going out there and meeting with them once we finalize the species and 14 the number of trees that we are proposing and just kind of marking out the locations. So we have 15 committed to working with them and trying to address their concerns. Did I answer your 16 question? 17 18 Vice-Chair Tuma: When you say Barbeques Galore, also the Starbucks? The landowner from 19 Starbucks was concerned about where that tree was. I could see that a large tree right there 20 southbound on El Camino could create an unsafe driving condition if someone says, oh, there's 21 the Starbucks, and they didn't see it until they got there. 22 23 Ms. Yazdy: We have heard their concerns. I think the reduced landscaping in that section from 24 what it was to what it is really speaks a lot. The Valley Oak we have also agreed to once we 25 finalize the design to see if at all possible to push it back more up towards Stanford A venue so 26 that sign could be more visible. 27 28 I would also like to point out that the prospective drawings that you saw were really standing 29 diagonal from the intersection. So cars driving southbound on El Camino don't exactly have that 30 view that is shown as part of the presentation. 31 32 Vice-Chair Tuma: Okay. One last question and then I will pass it on. What is driving Valley 33 Oak as opposed to some other species or something that is not as broad? 34 35 Ms. Yazdy: The recommendation for the Valley Oak was to have kind of a gateway statement 36 tree at this intersection. So the same Valley Oak would be mirrored on the opposite site, on the 37 Stanford comer. So I think just the statement tree and it being a gateway to the neighborhood 38 was what drove the Valley Oak recommendation, which was also supported by the ARB. 39 40 Ms. Caporgno: I believe that also Stanford has a lot of Valley Oaks in that area. So it was kind 41 of to continue that theme. Also the ARB had recommended, when those oaks are planted, to 42 kind of 'limb up' is kind of the term that they used, they would trim the tree so that the lower 43 portion of the tree would be trimmed back so that the canopy would be higher up. So you would 44 have more visibility of the storefront itself. 45 46 Vice-Chair Tuma: The storefront yes, but isn't the sign for Starbucks up higher? City of Palo Alto Page 21 1 2 Chair Garber: Thank you. Comnlissioner Fineberg, then Comnlissioners Martinez, Keller, and 3 Lippert. 4 5 Comnlissioner Fineberg: I would like to ask some questions relating to what we are considering 6 tonight, what our purview is, and what we are supposed to base our recommendations on. I 7 could see in our Staff Report that the ARB has already made findings with consistency to the 8 Comprehensive Plan. The Staff Report doesn't include any statements about whether there are 9 any required findings. It does not really include any discussion about whether we are supposed 10 to be considering the Negative Declaration. So what is it that we are evaluating and what is our 11 purview? 12 13 Ms. Caporgno: The focus of the Planning Commission is on the configuration of the intersection 14 itself. It is not so much on the design of the furniture, the landscaping, that was more of the 15 ARB purview. You are looking at the project as a whole and obviously can make 16 recommendations on that aspect of it also. Because you are a Transportation Comnlission you 17 are looking more at the configuration, how the different aspects of turning movements will work, 18 and the pedestrian, bicycle and vehicular flows will work. So that is really the focus of what 19 your review should be. 20 21 Mr. Donald Larkin, Assistant City Attorney: I was going to add with regard to the Negative 22 Declaration your role is not as a recommending body on the Negative Declaration. All 23 subsidiary bodies that make recommendations on the project should review the findings of that 24 Negative Declaration and consider those. 25 26 Ms. Caporgno: The lead agency, which is Caltrans, found the project to be exempt from CEQA 27 so there has been no Negative Declaration prepared. They are going to be the approval body for 28 this project and they made the determination that there was not a need for preparation of a 29 Negative Declaration. 30 31 Comnlissioner Fineberg: Okay. So it is exempt then. So going back to the City Attorney's 32 statement that we need to review it, do we just accept then if Caltrans is saying it is exempt there 33 is nothing for us to review? 34 35 Mr. Larkin: My point is that you are not a recommending body on CEQA. I shouldn't have said 36 Negative Declaration. You are not a recommending body on CEQA with regard to this project 37 so it is simply to consider the merits of the project. Just to reiterate another point this is not a 38 quasi-judicial matter so there are no required findings. 39 40 Mr. Williams: If I could tack on one comment too. One of the reasons why there is some 41 confusion about sort of the process and permits and such is because this is a Caltrans project but 42 it is a public project that the City is recommending on. Somewhat similar to a CIP project that 43 you might see. This is the City's project and you are reviewing it, the Council will review it 44 because it is part of what we are proposing in our CIP. I don't think as Don is saying, it is not 45 something that has specific findings that you have to make or anything. It is pretty wide open. If City of Palo Alto Page 22 1 you feel like this serves the purpose for the City and furthers the public good then that is what it 2 is here for you to discuss. 3 4 Commissioner Fineberg: Okay. What is the northern most border of the South EI Camino 5 Design Guidelines and do those design guidelines apply to this project or do they stop at the 6 southern edge of this? 7 8 Mr. Williams: The design guidelines are for private development only. The EI Camino Corridor 9 Master Plan has implications for this and what it is trying to implement. 10 11 Commissioner Fineberg: Okay, great. I was wondering why there was no mention of it and that 12 would explain it. 13 14 In terms of the, you gave a perfect segue for the EI Camino Real Master Planning Study. Is our 15 role to consider what specific elements of that this project would support or what elements of it 16 may not be supported by the project? If it is we can possibly cull that out during tonight's 17 meeting, but if that is the basis for how we make a recommending decision it would be helpful to 18 get some specific citations from that in the Staff Report. I don't know is that a good foundation 19 for how we base our recommendations? 20 21 Ms. Caporgno: Just the study itself provides guidance for the Commission in reviewing the 22 project but it is not -because it was kind of limited in what it described for that intersection it 23 doesn't get into all the detail that you have before you. So the study was a pilot program and this 24 project is a pilot project under that pilot progranl. 25 26 Commissioner Fineberg: Okay, thank you. Another couple quick comments. With regard to the 27 lack of input from the district-wide PTA Council Traffic Safety Committee I understand they 28 didn't meet in December, which means a last minute communication to them would not afford 29 the City the opportunity for feedback in December. However, if there was a December either 30 fourth or eighth nleeting at Escondido that meant that things were scheduled much earlier than 31 that. I think it is not a good oversight -let me word that differently. It is not good to have 32 missed the opportunity to get feedback from that group. There are many schools that this will 33 impact. There are many students commuting. The kids that live west of EI Camino are going to 34 be going to Gunn High School via that route. There are children crossing for other purposes like 35 going to libraries, community centers, recreational facilities. So I think we have missed an 36 opportunity to get feedback from representation from those other districts. I was thrilled to hear 37 when you said that even as this nloves forward that feedback will be sought and hopefully 38 respected. Thank you for that. 39 40 Ms. Caporgno: Yes, it is scheduled for review by the committee next Thursday. 41 42 Commissioner Fineberg: That is great. Okay. Regarding the CIP projects that are referenced 43 very briefly in the Staff Report there are three of them cited, CIP PL07002, CIP PL98013, and 44 CIP PL04010. Then they are described as being projects for the school commute safety and the 45 bike boulevard. I wish we had more information about what those projects were scoped as, what 46 year they were included in the CIP reviews. To me it is a big black hole. I don't know what City of Palo Alto Page 23 1 Council approved. I don't know what the scope of the projects were. I don't know if the 2 proposed project fulfills the goals of those. There is no place to easily find that infonnation. I 3 have to beg forbearance that I didn't do my review on this project in time to ask you those 4 questions three or four days ago, but that infonnation simply isn't out there for members of the 5 public to get without specific requests to Staff. This is yet another time where the CIPs are just a 6 black hole and how that feeds into this project. It is baffling that there is less transparency than 7 one might hope for. 8 9 The last comment I have is I would like to hear a little bit more discussion as the evening goes on 10 the intersection's role as a transition from the rural character along Stanford's border to the north 11 and then to a very urban character south. The discussion of that Valley Oak on the property at 12 Starbucks I understand how that is sort of bringing that rural character south but it has crossed 13 the street into an urban area. Are there Valley Oaks anywhere else south in the urban areas? 14 Then also I am wondering, we are doing this do improve safety and to improve the ability for 15 bicycles and pedestrians to use it but then immediately north is a dirt sidewalk. I happen to be 16 driving by it today and there was no one on it because it was a giant mud puddle. The people 17 that had parked along El Camino were walking in the street close to the cars. So do we need to 18 look at improving safety at an intersection for pedestrians where they are walking in mud 19 puddles? The whole concept of that is the key intersection where cars north of there are going 20 really fast. It is a wide, uninterrupted, straight, flat area and then all of a sudden they hit that 21 intersection and it completely changes character. I don't know if there have been traffic studies 22 because we don't have them tonight, but what is the impact of throwing a bulb out right when you 23 hit that transition from the rural to the urban area? So if we could hear more about that as the 24 evening goes. Thank you. 25 26 Chair Garber: Does Staff want to return to some of those questions and we will continue with 27 others or would you like to try and address some of them now? 28 29 Ms. Yazdy: I think we can respond to your concern about the more urban and rural feel and then 30 the Valley Oaks. I will make one statement I think I will tum it over to Brian and he can explain 31 kind of the landscaping that was proposed for this area. I believe the Valley Oaks that were 32 placed on Starbucks which would mirror the Valley Oak on the Stanford side was really just to 33 provide a consistency and to carryover. It is an intersection project and I think the issue was one 34 side being rural and the other side being urban and it was a way to just tie the two comers 35 together being an intersection. Again, I will let Brian discuss this in more detail. Thank you. 36 37 Mr. Fletcher: I think Shahla has been absolutely right on that. The concept of rural to more 38 urban has been widely discussed through our outreach and the plans have been improved upon 39 based upon that. So continuing on with that theme from going from a n10re rural that you find at 40 Stanford that is why the landscape palette for the intersection, the landscape improvements 41 behind the sidewalk at the Stanford bulbout have been much simplified. We are talking about a 42 single species of low groundcover that is more in line with the character of other entrances and 43 gateways into Stanford, and that more rural farm character as well. At the same time we have 44 the opportunity to bring that same ground plane element over to some of the planting that is 45 happen on, I am calling it the Starbucks comer, so that there could be a consistency, a transition 46 zone per se between the two. I think going beyond that the selection of the oak tree is much City of Palo Alto Page 24 1 more consistent with that frontage along Stanford A venue and the existing trees and the palette 2 that is going on in that frontage. So it is not only providing further gateway into that 3 neighborhood it is furthering the palette, bringing that palette from the farm frontage of Stanford 4 A venue bringing that onto this transition zone which is the intersection itself. 5 6 Chair Garber: Just before we go to Commissioner Martinez let me clarify. I am assuming that 7 Staff is looking for a motion from the Commission this evening as opposed to just comments. 8 9 Ms. Caporgno: That is correct. 10 11 Chair Garber: Thank you. Commissioner Martinez and then Commissioners Keller and Lippert. 12 13 Comnrissioner Martinez: Thank you. On this plan for example there aren't any indications of 14 any bus stops along these intersections. Is that correct or not? 15 16 Ms. Yazdy: There is a bus stop actually right along EI Camino. I don't know if you can see it in 17 the photos. Yes, actually we do. You will see a bus shelter right next to Barbeques Galore. It is 18 in a light blue. That is a VT A bus that we are proposing to add a new shelter at that location. 19 20 Commissioner Martinez: Okay. That doesn't show up in the plans though, right? 21 22 Ms. Yazdy: I believe they were in the prospective. I think they were called out on the 23 conceptual plans I believe. 24 25 Commissioner Martinez: Okay, then I missed it. Sonlebody mentioned the Marguerite. Where 26 is that going to be if anywhere? 27 28 Ms. Yazdy: I am not aware of any Marguerite shuttle being proposed at this location. That is 29 not part of this project. So I am sorry but I am not sure. They were saying it is on the east side. 30 31 Commissioner Martinez: Okay. I wanted to ask about the crosswalks. This colored asphalt is 32 that part of the master plan? Is that indicated that that is sort of a theme that we want to build 33 on? 34 35 Ms. Yazdy: Yes. The colored crosswalks were called out in the master plan. The reason was to 36 really bring attention to the pedestrians or bicyclists crossing at these intersections. 37 38 Commissioner Martinez: Do we have them anywhere else along EI Camino? 39 40 Ms. Yazdy: No, this is the first in Palo Alto. 41 42 Commissioner Martinez: The intension is that we are going to continue to do this as the theme 43 of the master plan, is that right? 44 45 Ms. Yazdy: Yes. 46 City of Palo Alto Page 25 1 Commissioner Martinez: Okay. The white stripes on either side is that painted or is that another 2 material? 3 4 Ms. Yazdy: I believe that would be painted. Yes, that would be painted. 5 6 Mr. Leveen: That would be a thennoplastic material that is heat applied like the striping on the 7 highways and so on. 8 9 Commissioner Martinez: Okay. How wide is it? 10 11 Mr. Leveen: It is 12 inches wide. It is a 12-inch wide white stripe on each side of the crosswalk. 12 13 Commissioner Martinez: Is that like a Caltrans standard or is that just your design proposal? 14 15 Mr. Leveen: That is a standard pretty universal for crosswalks, yes, and Caltrans standard. 16 17 Commissioner Martinez: Visually it looks sort of thin that's why I was asking whether you 18 might consider increasing it. It is part of that crossing design element and somebody mentioned 19 for low-vision pedestrians that that's an important feature. 20 21 The bulbouts especially the northwest one how wide are they from the widest point, the 22 northwest side? 23 24 Mr. Leveen: The north ... 25 26 Commissioner Martinez: The one by the Stanford property. It looks fairly wide. 27 28 Mr. Leveen: Well, this is the curb line of EI Camino here and at the farthest point the bulb out is 29 just five feet out into EI Camino. 30 31 Commissioner Martinez: Fronl the edge of the dirt let's say to the curb. 32 33 Mr. Leveen: Well, like from this point to this point? 34 35 Commissioner Martinez: Yes. It looks like it is 15 feet or more. 36 37 Mr. Leveen: Oh yes, it is probably 40 feet although that is not all pavement. The paved 38 portion ... 39 40 Commissioner Martinez: I am asking about the paved portion. 41 42 Mr. Leveen: Okay this is the exact back dimension is still evolving as we are working out some 43 of the drainage issues. But at a minimum there would probably be ten to 12 feet of concrete 44 sidewalk in the bulbout there. Something in that range. 45 46 Commissioner Martinez: Okay and the other side looks a little bit smaller. Is that correct? City of Palo Alto Page 26 1 2 Mr. Leveen: On the east side over here? 3 4 Commissioner Martinez: The Starbucks side. 5 6 Mr. Leveen: The Starbucks side, well this side will probably end up looking a little narrower 7 like this by the time this is all done. 8 9 Commissioner Martinez: Okay. 10 11 Mr. Leveen: That is probably about 12 feet from the curb to the point there. 12 13 Commissioner Martinez: Okay. I know this isn't our area but since we are told we can tweak I 14 am tweaking. I just think that the landscape area could be a little bit more generous on both 15 sides. It looks a little thin. So that is just a comment. 16 17 Lastly, just a last question on the Stanford property. Do we know anything about the site plan 18 for that housing? Has it evolved? 19 20 Ms. Yazdy: Actually, the prospectives that we are proposing show the two buildings, there are 21 more, but these are the two that kind of are in perspective at this location. So the two boxed 22 areas that you see are behind the proposed buildings from Stanford. I believe there is more that 23 we are not showing. 24 25 Commissioner Martinez: Okay, that's fine. 26 27 Ms. Yazdy: The three trees are also behind the so it is on the Stanford side. 28 29 Commissioner Martinez: Okay. Then is that development somehow going to cause demolition 30 of what we are going to be putting in or is it going to not affect it? 31 32 Ms. Yazdy: It isn't going to affect what we are proposing. 33 34 Commissioner Martinez: So they are not going to be running utility lines or storm drainage lines 35 or anything where our sidewalks are going to be torn up after just being installed. Is that correct? 36 37 Ms. Yazdy: Well, both Stanford and our Staff have been working together in trying to 38 coordinate our design plans and making sure that there are no conflicts like you mentioned. 39 40 Commissioner Martinez: Okay. 41 42 Mr. Leveen: Shahla, I could just add real quick this drainage plan shows these existing storm 43 drain systems. These are the actual new storm drain systems that were put in as part of this 44 development project. They have already been put in place and that is what we are showing on 45 here. So they have already done their work in that corner so then the work we do won't be torn 46 out because they are already done. City of Palo Alto Page 27 1 2 Commissioner Martinez: Okay, very good. 3 4 Chair Garber: Commissioner, Commissioner Fineberg had a follow up on your question if that is 5 all right. 6 7 Commissioner Fineberg: The housing that is being built on the Stanford land adjacent to El 8 Camino, when I drove by today I saw maybe three of the homes that are already framed in and 9 plywood is up, and then foundations of another maybe half dozen or so. Is there an expected 10 completion date? Will it be completed before we go anywhere near this so there would be no 11 construction conflicts? 12 13 Ms. Yazdy: Maybe Stanford can respond to that. 14 . 15 Chair Garber: Mr. Carter. 16 17 Mr. Carter: The Stanford housing projects as you noted are underway. The first phases are 18 scheduled for completion fall of 2010. I don't believe all of the project will be complete then. I 19 am not completely aware of the schedule for the City project. 20 21 Ms. Yazdy: We are scheduled to hopefully begin construction in the fall of 2010. 22 23 Chair Garber: Commissioner Martinez, anything else? 24 25 Commissioner Martinez: I am done for now. Thanks. 26 27 Chair Garber: Commissioner Keller, then Commissioner Lippert, and myself. 28 29 Commissioner Keller: Thank you. So my first question is, is the idea for this project sort of a 30 prototype for other treatments that might happen for other intersections on El Camino Real 31 presumably further south such as Arastradero, Charleston, and El Camino. Is that the idea? 32 33 Ms. Yazdy: Yes that is correct. 34 35 Commissioner Keller: Okay. Usually when we get transportation issues that involve change to 36 developments or intersections or things like that we usually get LOS data, Level of Service data, 37 which is before the project as well as project after the project with or without the project. We 38 also get traffic counts not only the volumes that you have given in response to question number 39 two of mine but we also get directional traffic data like how many cars go straight, how many go 40 left, how n1any go right, how many pedestlians, how many bicyclists. I was expecting to see that 41 kind of data in this. I was also expecting to see critical delay data. I an1 wondering because 42 while this is not subject to CEQA Palo Alto does have a standard of significance with respect to 43 critical delay. Part of, I think, our review should be the degree to which this does or does not 44 increase critical delay for this intersection. So I would find my review inadequate without 45 reviewing the LOS before and after, and with and without the project after, and critical delay City of Palo Alto Page 28 1 before and after, and with and without the project after. Does that data exist? Does anybody 2 have it? Has some simulation or whatever been done? 3 4 Ms. Yazdy: No traffic studies were conducted as part of this project mainly because Caltrans 5 and the type of project that this is didn't require us to do a full complete traffic study. One of the 6 reasons being this is not a capacity-increasing project, and mainly because pedestrian safety 7 improvements projects are kind of exempt from traffic studies. I believe that we can maybe do 8 some internal looking at some numbers and get something sent for your review. 9 10 Commissioner Keller: Let me explain why I am concerned about this. I realize this is not a 11 capacity-increasing project. However, I would expect that many people would think that this is a 12 capacity-decreasing project. When you decrease capacity you want to make sure that you don't 13 increase critical delay in that regard. So if you basically have a pipe and you are trying to shove 14 more water through it that gets delay and if you constrict the pipe that gets delay, and what we 15 are doing is constricting the pipe. So yes, we are not doing a standard development but 16 nonetheless it makes sense for that kind of analysis to be done so that the community as a whole 17 and the Planning and Transportation Commission with the purview of transportation and being 18 concerned about traffic delay as part of our purview should review that kind of data on similar 19 studies. So what I am hoping is that we learn some lessons from how this project is being done 20 so that next time a project like this comes before us for other projects that we have all of the 21 appropriate data that we can show the community if it is the case that it won't delay traffic, that it 22 won't impede on throughput, that it won't significantly increase delay such as on eastbound 23 Stanford Avenue that we have the data to be able to show that. Without that data it is really hard 24 to make the case that it won't make things worse for some communities while making it better 25 for others. Do we have some of that data? Does Rafael have some for us? Thank you. 26 27 Mr. Rius: As Shahla mentioned Caltrans didn't do a traffic study for this so we don't have 28 current data for a typical project that they would collect new data for. As part of the Stanford 29 expansion EIR we have data from 2006 that I was able to take a quick look at today. This 30 intersection generally operates at Level of Service C during both the AM and PM peak periods. 31 Because of what I mentioned earlier that it is not technically a free right turn and when I tried to 32 analyze the difference between the current configuration and the new configuration where they 33 still have to yield, and I even tried to configure this proposed configuration and nlake it a little 34 bit more conservative like with the amount of right turns that cut into capacity by as much as half 35 we are still Level of Service C. I didn't print it out but I was getting increases from about 23 to 36 24 seconds of average delay up to about 27 to 28. So really it is not close to our thresholds of 37 significant impact, which is Level of Service E, and that is at about 50 seconds. So instead of a 38 25 or 30 second increase needed it would only increase about three or four seconds is what I 39 found. Now, this is unofficial based on 2006 data. 40 41 Commissioner Keller: Well, I don't have a problem with using whatever data is available, 2006 42 data, but it is helpful to actually as part of a Staff Report to give us that kind of analysis so that 43 we in the community can be reassured that it isn't problematic. So I would encourage 2006 data 44 is good enough if that -for example if you do the thing on Charleston! ArastraderolEl Camino 45 the data we have gathered for whatever studies, use that and then do the analysis based on it. I 46 am perfectly happy with that but I think we need to be able to do that kind of analysis. So if you City of Palo Alto Page 29 1 could send that to us and put that in the record for the City Council I think that would be very 2 helpful. 3 4 Mr. Rius: Yes, I can do that. I don't know if you want extra information but I also looked at like 5 potentially splitting the phases and that would potentially cause a huge increase in delay just 6 because of the amount of walk time that you did for both approaches. 7 8 Commissioner Keller: What about the suggestion that was made of the delayed start for cars and 9 the early start for pedestrians and bicyclists, would that be a problem? 10 11 Mr. Rius: I definitely agree with that and in fact I have talked to Shahla about that. That was 12 one of my own personal recommendations of the head start for a couple of seconds. It would 13 take away a little bit of green time from the Stanford approaches but wouldn't affect the EI 14 Camino approaches at all. 15 16 Commissioner Keller: Okay. 17 18 Mr. Rius: John Ciccarelli left but I am interested in talking to him about the stuff that New York 19 was doing and their striping. I am not totally familiar with that. The green head start, I think it 20 was Cedric or Paul mentioned that it is primarily a benefit for the pedestrians that push the 21 button and cyclists typically don't like to get off their bikes and have to push a push-button so 22 they wouldn't reap the benefits as much, but for pedestrians it would. We do know that it is an 23 issue with pedestrians also being cutoff. 24 25 Commissioner Keller: Well, I have seen intersections where there is a bicycle light button right 26 against the curb instead of inside the curb. So I have seen satellite push buttons. 27 28 Ms. Y azdy: Yes, that is an option. I think that is not a trend that most designers are going with 29 anymore. They try to avoid putting the standalone push buttons out by the curbs just because 30 they can get hit easily and such. 31 32 Commissioner Keller: Do you have any comments about the suggestions about reduced cars, 33 about removing·some of the cars that was suggested by a member of the public? Removing 34 some of the parking spaces I mean. I think there were some suggestions on that. They were on 35 Stanford on the east side I believe. Yes, Roger's Attachment F, do you have any comments on 36 that? 37 38 Mr. Rius: I am not recalling exactly. On the east side? 39 40 Commissioner Keller: He was referring to several issues there. Do you have any response to 41 that? I think he was talking about the right turns. I think what you are saying is that your 42 analysis of the critical delay is there wouldn't be a problem. Is that right? 43 44 Mr. Rius: I didn't go through all of Roger's comments. I didn't get a chance to read through 45 these. I definitely can for the Council. 46 City of Palo Alto Page 30 1 Commissioner Keller: Thank you. 2 3 Mr. Rius: The right tum capacity as I mentioned earlier the vehicles would be able to shift over 4 to the right lane and reach the intersection. They won't be able to make the right tum as quickly 5 because they will have to slow down and by law make a complete stop on red, and then look for 6 a gap. In terms of getting to the intersection and storage capacity they would be allowed to do 7 that, and the extension where the length where we could extend the no parking down Stanford 8 that is something we could work with in the final design. If there are no cars parked there I think 9 legally they are allowed to go into that lane within 150 feet of the intersection. 10 11 Commissioner Keller: Especially if that dotted line were continued visually indicating that you 12 could go to the right there. 13 14 Mr. Rius: Yes, especially if we wanted to restrict parking. We can allow parking closer than the 15 150 feet but if we wanted to restrict it up to 150 feet then cars would essentially be able to use 16 that as a second lane. 17 18 Commissioner Keller: Okay. I would like to make a contrast if I may between what is going on 19 here and if you look at California Avenue when you are going eastbound approaching EI 20 Camino. In that case you have a left tum lane and a straight and through lane. In this case 21 essentially what we have is a left and through lane and a right tum lane. I can tell you I have 22 driven on California A venue trying to get through the light either turning right or going straight, 23 usually going straight, and somebody is trying to tum right and can't tum right because of the 24 pedestrian contlict. Therefore, it turns out that two cars can get through the intersection going 25 straight because they are stuck behind cars going right. That is not going to happen here because 26 the right turns are not interfering with the straight and left turners, which I think, is an 27 improvement of this intersection. 28 29 Mr. Rius: Yes, it wouldn't affect cars turning left or going straight. I do know that there is a 30 high number of right tum volumes that could potentially be affected by that situation. 31 32 Commissioner Keller: Thank you. So a couple of further comments. Thank you. First is that I 33 remember when I was in college and Federal Express, FedEx, was first created and popular. 34 That was in the mid 1970s when it was becoming very popular. United Parcel Service basically 35 had this slogan, which I think fell on deaf ears. Federal Express said if you need it absolutely, 36 positively need to get it there tomorrow us Federal Express. UPS had a slogan, which says if you 37 absolutely, positively have to get it there tomorrow send it yesterday. Now that didn't work very 38 well because it wasn't ready until today otherwise if you sent it yesterday it would get there 39 today. Everybody waits until the end. In some sense the project was approved as far as I 40 understand it in April 2007 for funding. We got all the approvals I think in April 2007. From 41 your response to my message in January 2009 is when we asked for proposals to do the design 42 contract. So there was a delay of about 19 months from April 2007 to January 2009. If this 43 work had started, if the design contract had been basically the RFP had been put out a year and a 44 half earlier we would be able to do this in a much more relaxed environment getting community 45 input and such. Because of the, I would assume, the delay in getting the design work out such 46 that the project is now rushed essentially we are probably in a position where it is more or less City of Palo Alto Page 31 1 we are putting a rubber stamp on this. We can't make major changes to it. I am not saying I 2 would want to make major changes to it but essentially we can't make major changes to it 3 because things are too late, it is hard to do due diligence because it is hard to get all that data. 4 We have to decide essentially tonight or the project gets delayed and therefore we lose our 5 funding. So I am sort of stuck a little bit because I would love to give this project, and my 6 feeling is that we should give a project belonging to Cal trans or a project proposed by the City 7 the same due diligence and the same standard of care that we give to every other project that 8 comes before us. I am concerned about whether we can in fact do that. 9 10 Another comment is I was actually fascinated reading this EI Camino Design Guideline in the 11 Master Planning Study because what it basically said to me is that ten-foot sidewalks are bad, 12 13-foot sidewalks are passable, and 17-foot sidewalks are good. I remember the South EI 13 Camino Design Guideline says 12-foot sidewalks and I am wondering huh? Why don't we have 14 16-foot sidewalks or 17-foot sidewalks for the South EI Camino Design Guidelines? It makes 15 absolutely no sense. We have this study and then we go ahead and say that we only need 12-foot 16 sidewalks. That is inconsistent and that is why I have been complaining about the EI Camino 17 Design Guidelines being 12-foot sidewalks. Now I understand why I have been complaining 18 about it. It is because people smarter than I am who have done the study say you need 17 feet to 19 have a good sidewalk. So no wonder I have been complaining. 20 21 In terms of the outreach to schools, have you done outreach with Paly? I know you have done 22 outreach with Escondido Elementary School. I am wondering if this is a route for people to get 23 to Paly and if you have done outreach with the Paly School safety people-other than through the 24 meeting happening next week. 25 26 Ms. Yazdy: Email notices were sent to pretty much the traffic school and safety. I need to check 27 my email and see. I believe they were noticed on the meetings but I can check on that. 28 29 Commissioner Keller: Does Jordan Middle School serve College Terrace? I believe it does, is 30 that correct? And, if that is the case were the Jordan traffic safety people brought into account 31 for this as being a safe route to school for people from College Terrace to Jordan Middle School? 32 33 Ms. Caporgno: The Committee for Traffic Safety for the schools in general were notified and 34 that is who we will be meeting with next week. 35 36 Commissioner Keller: Okay. So it would be helpful for me to get a little education on one thing. 37 There are a lot of things I need to learn but one of the things that has been confusing to me and 38 this follows up on something that Commissioner Fineberg mention. Essentially you have this 39 more rural section if you will on southbound EI Camino from essentially the City line by Sand 40 Hill Road and the Stanford Shopping Center all the way to Stanford A venue where people are 41 probably excessively speeding. Then suddenly you get to a congestion area. I could imagine 42 that that congestion happens when you get to Stanford A venue is a large part of the reason why 43 there is a lot of collisions. I understand the word accident is favored. We prefer the word 44 collision. So the issue is, what I am trying to understand is to what extend will the treatments 45 that we are doing to the intersection of EI Camino and Stanford A venue, to what extent will 46 those treatments slow down traffic enough so that by the time they get to Stanford Avenue traffic City of Palo Alto Page 32 1 will be calmer and you won't have the accidents, which is what I am hoping the case is and you 2 will explain to me why that is, versus traffic will go as fast as it can hit Stanford A venue, wind 3 up with these narrow lanes and we will have more collisions because the congestion will be 4 exacerbated. So my intuition doesn't work well enough here but I can see both arguments. So I 5 am trying to understand how it is that this treatment is going to slow down traffic to reduce the 6 kinds of accidents that happen. So help me out here. Give me some intuition. 7 8 Chair Garber: Actually, before you respond if I may gently ask the Commissioner you have 9 been speaking now for over 15 minutes and we do want to get onto Commissioner Lippert. 10 Maybe we can get an answer and then maybe you can put some of your comments and tie them 11 up a little bit. 12 13 Commissioner Keller: Yes, I am getting close to the end. 14 15 Chair Garber: Great, thank you. 16 17 Ms. Yazdy: Well, the treatments that are proposed at this intersection project, this is an 18 intersection project that is what the funding is for. So really it is what we can best do for this 19 intersection. The approaches on the north side I understand there are no businesses on there so 20 the speed is faster but because as you enter Stanford A venue going southbound we are entering a 21 more commercial-residential areas. The visual cues that are being proposed as part of the project 22 being the colored sidewalks, the bulbouts, the trees, the planting, the seat wall, the benches what 23 all these amenities are really supposed to do is provide visual cues to drivers. That, what it does 24 is it just lets them know that they are enteling an area of pedestrian, bicycle zone. So that is I 25 guess the goal of the project is the drivers are slowed down. 26 27 Now you had mentioned a concern about the narrowing from 12-foot lanes to II-foot lanes and 28 Caltrans has approved and they recommend actually these reductions in lanes very often. That is 29 even done on highways. You had asked for data on whether and unfortunately there is no data 30 that they have. I did look into it briefly. They wouldn't approve this or recommend this if they 31 felt it was a danger to the drivers at all. I am not sure if I have responded to your questions about 32 the slowing down the traffic. 33 34 Mr. Williams: As sort of a side light I might recommend and I will bring it in there is a book 35 that came out last year called Traffic. 36 37 Commissioner Keller: I have it but I have not had a chance to finish reading it. 38 39 Mr. Williams: Actually fairly early in the book it has a description of how narrowing the lanes, 40 not too much, but narrowing the lanes somewhat how it affects driver's perception and sort of 41 indirectly makes them slow down. Then like Shahla was saying some of the discussion of the 42 visual cues and how that also helps slow traffic down and it also creates a more 'even flow of 43 traffic so that you don't get the rush up and the accidents, collisions actually from the book, the 44 book takes exception to the word accidents. So there is quite a bit of discussion in there and 45 studies behind that that help justify it. 46 City of Palo Alto Page 33 1 Commissioner Keller: Well, I appreciate that. I am hoping when this Staff Report goes to the 2 City Council that you will put in some of that reference nlaterial, not necessarily quote it but cite 3 it and indicate that is a reason why you expect traffic to slow down before the intersection in 4 order to make this happen. 5 6 So two quick things. In response to Commissioner Martinez's question it looks like the bus stop 7 is on the bulbout, or is the bus stop following the bulbout? 8 9 Ms. Yazdy: The bus stop is following the bulbout. 10 11 Commissioner Keller: So the buses would move out of the lane of traffic to go to the bus stop 12 after the bulbout and not impede right turners from Stanford A venue or through traffic on El 13 Camino. Is that right? 14 15 Ms. Yazdy: It would currently be the same position or situation that it is right now. So it would 16 be after the bulbout. They would make the right turn but I believe if the bus is there they might 17 have to wait until the bus pulls out again. 18 19 Commissioner Keller: Well, if the bus was after the bulb out wouldn't it be out of the way or am 20 I confused? 21 22 Ms. Yazdy: Maybe Brad can help with the configuration. 23 24 Mr. Leveen: There are actually two bus stops right now. There is a bus stop southbound right 25 here. Northbound there is a bus stop right here. The bus stop would remain actually on the 26 bulbout so when the bus comes up and stops it is blocking the nUlnber three lane while it stops 27 and picks up people. 28 29 Commissioner Keller: Since I have taken a lot of time I would just like an analysis of whether 30 having the bus stop on the bulbout impedes traffic or whether the bus stop should follow the 31 bulbout and thereby be able to have traffic go around it, particularly with the constriction on 32 right turns that becomes an issue. Somebody will come around right and then they will be into 33 the bus. 34 35 Then the last thing is in terms of I am wondering to deal with the Stanford issue whether you can 36 have some sort of slightly subsurface drainage culvert. I have seen these things where bulbouts 37 happen and there is actually some sort of culvert or conduit that goes I am not sure I am using the 38 right word, but that goes underneath where the bulbout happens to bring surface water flow 39 along the curb and come out on the other side. Maybe something that would go slightly west of 40 the curb cut would allow water to flow through and avoid that. So I am thinking of some idea 41 like that allow for the issue of the water. 42 43 So to summarize I think that on the whole this is a good project. I think it increases safety. I feel 44 uncomfortable about not having been given the complete analysis of data in order to do what I 45 think is part of my fiduciary responsibility on the Planning Commission to make sure that this City of Palo Alto Page 34 1 won't impede and obstruct the flow of traffic while it increases the pedestrian and bicycle safety. 2 Thank you. 3 4 Chair Garber: Thank you. Commissioner Lippert. 5 6 Commissioner Lippert: Well, first of all I would like to thank the members of the public that 7 came out here this evening to speak on this item. I think that your input was particularly 8 important this evening as well as the consultants that gave us their time this evening to speak on 9 this item. 10 11 Director Williams is perfectly correct when it comes to the narrowing of the lanes. I think a 12 really good example of that that we all drive every day is when you go south on Alma Street and 13 you cross the bridge at Embarcadero Road. There are two lanes of traffic heading south there 14 and they actually narrow quite a little bit. Everybody slows down a little bit as they cross the 15 bridge at Embarcadero and then the lanes widen up and everybody sort of speeds off again. That 16 is a good example of how lanes subconsciously make us pause for a moment and slow down, and 17 think about it for a second. I believe that is what this plan is doing. 18 19 I do have a minor question or concern and maybe Rafael can help me out here. When I am 20 coming north on Stanford A venue and I am coming around that comer, and I am a bicyclist, I am 21 very concerned about the mixing of cars and bicycles. Specifically what I am thinking of is 22 when I am out in the Open Space and I am coming back along Alpine Road in Menlo Park and I 23 come across the bridge to Sand Hill Road there is actually a lane there in which the traffic 24 merges into the bicycle lane to make the right hand tum onto Sand Hill Road. It is very difficult 25 for bicyclists. We have to nlaneuver around the cars. Is there a way to mitigate that a little bit 26 better? What I am thinking of is there maybe a no right tum or red sign, would that impede the 27 intersection? 28 29 Mr. Rius: I am trying to pull up the Alpine approach. 30 31 Commissioner Lippert: It is out by the golf course. It is Alpine Road, crosses the bridge and 32 you are getting ready to make that right hand tum onto Sand Hill Road to head back into Palo 33 Alto. 34 35 Mr. Rius: Is there a right tum only vehicle lane? 36 37 Commissioner Lippert: What happens is the right hand tum lane merges into the bicycle lane 38 just like you have it here. 39 40 Mr. Rius: Yes, if there are cars queued up here then the bicyclists would have to maneuver 41 around them. If it is a red light they will be stopped. If the cars are there first then they would 42 have the right-of-way just like if the bike was there first they would have the right-of-way too. 43 The bike could split the cars and get to the front. There is a little bit more waiting room up at the 44 stop bar. I am sorry, your question? 45 City of Palo Alto Page 35 1 Commissioner Lippert: Well, I am just thinking would a no right tum on red help mitigate that 2 so that the bicyclists can at least get over to the right hand side so that they have a safe place and 3 they are not intermingled with the cars. 4 5 Mr. Rius: The cars would have to make a stop anyway so if they were queued up and each 6 stopping like they are supposed to theoretically they would be moving pretty slowly as they each 7 move up. Sure, a no right tum on red would stop the cars dUling the whole red phase and yes 8 that would be a little bit safer. 9 10 Commissioner Lippert: Is an arrow appropriate in that lane? 11 12 Mr. Rius: The pavement markings are not according to the state guidelines because they go next 13 to parked cars. Part of their intention is to line up the bicyclists so they are out of the door zone 14 of parked cars. So by the strict guidelines it wouldn't go here but those pivot markings like the 15 ones on Alma they are accompanied by street signs. So if you notice there is a bike logo warning 16 sign and also a share the road sign right adjacent to them. Those signs could be placed definitely 17 there. I think the plans right now show a right tum yield to bike sign but additional signs can be 18 added like the bright yellow warning signs that say share the road and have the bike logo. The 19 pavement markings, some jurisdictions will go against the state standards and put them in non- 20 conventional places. We have not done any in this city yet. I know the Bike Advisory 21 Committee wants us to and we have been reluctant to go against the standard guidelines. 22 23 Commissioner Lippert: I think that turning situation warrants a little bit more study. I know that 24 I wouldn't feel comfortable on a bicycle making that tum. In fact if I might, I would like to give 25 a little brief history and then I would like to make a couple of comments with regard to the plan. 26 27 First of all this has been going on for quite awhile. This has been going on since 2003. I was on 28 the ARB and about the time that I was coming off the ARB I was asked along with I think Board 29 Member Wasserman to serve on the committee that was looking at the EI Camino Real Master 30 Plan for study and beginning to formulate that. So this has been something we have been 31 looking at for a very long time. 32 33 The way this came about and the history of this is that we wanted to plant some trees along EI 34 Camino Real. They were London Plane trees I believe. It was Caltrans' right-of-way and 35 Caltrans said no-no you are not going to have any trees, we don't want it, and we don't want it in 36 El Camino Real. We lobbied our state senator or assemblyman, I think it was Joe Simitian who 37 had proposed the legislation, which said to Caltrans you really need to begin to take some cues 38 from the local governments and municipalities and begin to make El Camino Real more like 39 what the communities want that EI Camino Real goes through. The net result of that was 40 basically these guidelines that were drafted. It is still Caltrans' road and they still maintain it, 41 and they still do the improvements on it. One of the big things about EI Camino Real that a lot 42 of people don't know is that our water supply basically runs underneath it. It is a major artery 43 with a huge line from Hetch-Hetchy that goes down the peninsula. That is part of the reason 44 why we have a problenl planting trees in EI Camino Real is because it seeks out that water. 45 City of Palo Alto Page 36 1 We have very little to say when it comes to the Level of Service for El Camino Real. In fact, I 2 think that the Staff pointed out correctly that we haven't diminished capacity. They haven't 3 increased capacity on it. It is just merely restriping lane changes and how this is going to be 4 reconfigured in the way of the intersection. So from that point of view it is not subject to CEQA 5 and if it was the proper authority for n1aking those determinations would be Caltrans as the lead 6 agency on this. All we are basically doing is going through and assuring that what they have 7 come up with or the scheme that has been devised here really complies with what our standards 8 and our guidelines are here. So our focus is really very narrow. It doesn't have to do with traffic 9 flow or traffic counts in this case. It has to do with the improvements at this particular 10 intersection based on our Master Planning Study. 11 12 Now this is a really important intersection and it has been expressed as to how important it is in 13 terms of kids getting across to school, and bicyclists, etc., but there are a nun1ber of other things 14 that are very important here which is this connects and provides an important conduit up 15 Stanford Avenue to the Dish which hundreds of people use on a daily basis to go up there and go 16 hiking. Right now what we have is people that actually drive all the way up Stanford Avenue to 17 the Dish and park to be able to walk in the Open Space. What this proposal does is for the first 18 time it says we want walkable EI Camino Real. We want this to be pedestrian friendly. We 19 want people from the adjacent neighborhood, we want people from Southgate to be able to cross 20 El Camino Real here safely and to be able to go up into the Open Space and not have to drive. 21 We want people to be able to bicycle down through Southgate, through this neighborhood, across 22 El Camino and up Stanford Avenue to get up to Foothill Expressway. The only way to do that is 23 to be able to make El Canuno Real safer, and the only way to make El Camino Real safer is for 24 the cars to begin to take stock and notice the pedestrians, and that is what this intersection does. 25 26 I wanted to say something clever like you can't see the forest for the trees. In this case I think 27 we don't see the trees for the traffic. It is important that we make that traffic go slower so that 28 we can see what is going on here at this intersection. I think they have it perfectly, perfectly 29 right. 30 31 One other comment that I want to make and this is just so important. We have so many dogleg 32 crosswalks in this city. They are illegal. They are not safe. Blind people start into the middle of 33 the street and they can't get across because of the doglegs, the dogleg crosswalks. This for the 34 first time really begins to correct some of those problems for visually impaired people. 35 36 So in closing, I just want to say one last comment and then I would like to make a motion if I 37 might. 38 39 Chair Garber: Sure. 40 41 Commissioner Lippert: When I go bicycling out into the Open Space there are four things that I 42 take. I take my front door key, I take my expired driver's license for identification in case 43 something happens, I take pocket change so that I can take the bus back if something happens to 44 my bicycle or it is raining, and I take a Starbucks card. I say that is really important. I am a 45 Pete's Coffee drinker and I carry a Starbucks card when I go bicycling. Why do I carry a 46 Starbucks card? Starbucks is Ubiquitous. It is on almost every single comer where Pete's is not. City of Palo Alto Page 37 1 This is particularly important so when I am out cycling and I run out of my Noon or my 2 Cytomax I can get some caffeine and speed on my way as any good cyclist will tell you. I do 3 take my cell phone. What is important here I think is when it comes to the Valley Oak tree is 4 that where it is located is not going to make a difference as to people using that Starbucks or not. 5 Already, somebody earlier on, I think it was the Traffic Engineer had mentioned that 50 percent 6 of the people cruising along EI Camino Real stop in that Starbucks, 50 percent of the people that 7 got to that Starbucks are just cruising along EI Camino Real. The other 50 percent are people 8 that know that the Starbucks is there. So the signage isn't as important as the tree. The tree 9 frames the street. The tree ties in the other trees along EI Camino Real. It lets you know there is 10 a definitive end or boundary to the Stanford land and where we are beginning to get into an 11 urban area. It is a signature tree. It is nleant to call attention to that intersection. I think that 12 Paul Goldstein said it the best when he said the trees are one of the best traffic calming measures 13 that we can have along EI Camino Real. 14 15 MOTION 16 17 With that I would like to nlove the Staff recommendation that the Planning and Transportation 18 Commission recommend to the City Council approval of the proposed intersection 19 improvements at EI Camino Real and Stanford A venue. 20 21 Chair Garber: Great, thank you. Do I hear a second to the motion? Would you please restate it? 22 23 Commissioner Lippert: The Planning and Transportation Commission recommend to the City 24 Council approval of the proposed intersection improvements at EI Camino Real and Stanford 25 Avenue. 26 27 Chair Garber: Do I hear a second? 28 29 SECOND 30 31 Commissioner Martinez: I second that. 32 33 Chair Garber: Thank you. It is seconded by Eduardo Martinez, Commissioner Martinez. Would 34 the maker like to speak to their motion? 35 36 Commissioner Lippert: I think I have said enough. 37 38 Chair Garber: The seconder? 39 40 Commissioner Martinez: Yes. Currently this is a really ugly intersection and I am not speaking 41 aesthetically. It is an intersection that was probably designed in 1950 that if you slowed your car 42 down the battery would die. I think we are in a different time. If we are going to be true to our 43 Comprehensive Plan where we talk about walkable streets and pedestrian improvements along EI 44 Camino, we talk about pedestrian safety you can't get a nluch clearer example than this. I think 45 the safety of our children going to school, coming home, and bicyclists trumps a two-minute City of Palo Alto Page 38 1 delay if you miss the light or not being able to do that right tum at 30 miles an hour. It is an 2 excellent improvement to the plan. I wholeheartedly support it. Thank you. 3 4 Chair Garber: Discussion from Commissioner Tuma and then Keller. 5 6 Vice-Chair Tuma: So I am essentially in support of the motion however there are three friendly 7 amendments that I would like to offer. I will do those one at a time. All three of these would be 8 conditions of the approval that the following three things happen prior to the matter going to City 9 Council. The first one of those is that Staff study the impact on traffic traveling on Stanford 10 eastbound heading towards EI Camino and that if needed the design be modified in order to not 11 have a significant increase in the delay or backup on Stanford. Is that acceptable to the maker? 12 13 Commissioner Lippert: Can you give your other amendn1ents as well? 14 15 Vice-Chair Tuma: No, I would like to do them one at a time. 16 17 Commissioner Lippert: You want to do them one at a time? 18 19 Vice-Chair Tuma: Yes. 20 21 Commissioner Lippert: I can accept that one. 22 23 Chair Garber: And the seconder? 24 25 Commissioner Martinez: Yes, I accept it. 26 27 Vice-Chair Tuma: Okay. Number two that Staff develop a scheme for bike and pedestrian 28 traffic traveling eastbound on Stanford crossing EI Camino so that it minimizes the impact from 29 vehicular traffic traveling eastbound on Stanford making a left hand tum onto EI Camino 30 northbound. 31 32 Chair Garber: This is the car taking a left tum versus bicycle conflict. 33 34 Commissioner Lippert: You know I don't have a problem with that and you could have run it 35 with the first one. 36 37 Vice-Chair Tuma: Okay. 38 39 Chair Garber: And the seconder? Westbound bike, eastbound car turning left, north. 40 41 Commissioner Martinez: Yes, I support that. 42 43 Vice-Chair Tuma: Okay. Then the third that Staff works with the owners of the Starbucks 44 property and develop a scheme that is to the satisfaction of those owners so that any trees that are 45 planted do not impede the visibility of the Starbucks. That is the proposed amendment and that 46 could include either modifying the species or the location of that tree. City of Palo Alto Page 39 1 2 Chair Garber: Maker? 3 4 Commissioner Lippert: You are going to vote for the motion if I accept that? 5 6 Vice-Chair Tuma: Yes. 7 8 Commissioner Lippert: Sure. 9 10 Chair Garber: Seconder? 11 12 Commissioner Martinez: I was going to propose my own friendly amendment to the same effect. 13 I feel that if you look at our next agenda item, Palo Alto wants to be business friendly. I think 14 that is a perfect example of how we want to be business friendly. I accept it. 15 16 Chair Garber: Thank you. 17 18 Vice-Chair Tuma: Okay. I do have a couple of comments because I do think that there are few 19 things here. With respect to the first of the amendments that I offered I think Staff needs to look 20 at in order to -if the initial study indicates that there would be a backup or delay I think we need 21 to look at the options of maybe a combination of reducing the number of parking spaces on that 22 side of Stanford A venue and also bringing the dotted line back as far as feasible in order to 23 minimize the backup there. 24 25 With respect to the second of those amendments I think whether it is a head start capability or 26 some other vehicle that has been mentioned but it would seenl to me that not addressing that 27 issue is leaving one of the biggest safety problems that exist at this intersection unaddressed. 28 29 With respect to the last one there really are two issues with those trees. One is being business 30 friendly, which is extremely important to me. The other one is the safety issue and that is that I 31 think there are plenty of people traveling southbound on El Camino who don't know there is a 32 Starbucks there and find out about it at the last second. I go to Starbucks all the time and I see 33 people jamming on their brakes and making a turn. It happens. They don't know whether to 34 make that right hand turn and then go in that way or the other way. So anything that we put there 35 that would block the visibility of that store and you only saw it as you get up to the intersection 36 would really create a safety issue that I don't think we want to exacerbate. So those are the 37 reasons for all of those amendments. 38 39 Commissioner Keller: First I am going to ask Commissioner Tuma whether his question only 40 referred to the trees affecting Starbucks or whether his amendment affected the trees further 41 south along El Camino affecting the other stores such as the barbeque and whatever. 42 43 Vice-Chair Tuma: The intent was both. 44 45 Commissioner Keller: Is that what the maker of the motion thought? 46 City of Palo Alto Page 40 1 Commissioner Lippert: I don't have a problem with that. 2 3 Commissioner Keller: Thank you. I think it is helpful to make sure that that is clear. 4 5 Commissioner Lippert: Does the seconder have a problem with that? 6 7 Commissioner Martinez: No, I think it is a good idea. Thank you. 8 9 Commissioner Keller: Thank you. I think that although this is a Caltrans project it is a major 10 thoroughfare on El Camino Real. Many of the intersections on El Camino Real are quite 11 impacted. The fact that Caltrans did not do an LOS study on this intersection or it is not clear 12 that they would even have considered the need to do an LOS study on this intersection means 13 that our reliance on Caltrans for the adequacy of traffic flow in this intersection is insufficient. 14 Therefore, as the potential exists when one removes lanes or narrows lanes to reduce traffic flow 15 along with the reduced speeds I think it is important for somebody, some organization, some 16 agency if you will to ensure that when we do safety improvements to an intersection like El 17 Camino and Stanford Avenue to improve pedestrian safety and bicycle safety and presumably 18 also that will hopefully also improve safety for cars that either we understand that we aren't 19 reducing throughputs and making delay worse or if we are that we consider those changes to be 20 acceptable. But failure for some organization to do that analysis I think is problematic. That is 21 why it is important since we are the Planning and Transportation Commission we are the ones 22 who should verify that analysis. I am hoping that in the future that analysis is done. I appreciate 23 Rafael Rius' comments about his informal analysis indicates that there isn't a problem with that. 24 I would hope that future projects of this kind would have a similar analysis. Thank you. 25 26 Chair Garber: Commissioner Fineberg. 27 28 Commissioner Fineberg: I would like to offer two friendly amendments. The first one would be 29 to direct Staff to continue to work with Stanford University regarding their drainage concerns at 30 the intersection. 31 32 Commissioner Lippert: What is the second one? 33 34 Commissioner Fineberg: I will take them one at a time also. 35 36 Commissioner Lippert: I will accept the first one. 37 38 Chair Garber: And the seconder? 39 40 Commissioner Martinez: I accept it as well. 41 42 Commissioner Fineberg: The second is that Staff consider the head start timing for pedestrians 43 and bicyclists on the signalization. 44 45 Commissioner Lippert: Are you going to vote in support of the motion if I accept? 46 City of Palo Alto Page 41 1 Commissioner Fineberg: Time will tell. 2 3 Commissioner Lippert: I will accept it. 4 5 Chair Garber: Seconder. 6 7 Con1D1issioner Martinez: Yes, I accept. 8 9 Commissioner Fineberg: A couple of quick comments. I think the project is attempting to 10 accomplish a great good. Getting that intersection more pedestrian friendly and safer for 11 pedestrians and bicycles is a good thing that is supported by our Comprehensive Plan. Without 12 the benefit of Staff's citations to that or a copy here on the dais I can't tell you which ones but I 13 know it is in there. I would recommend for Council that you include some direct references to 14 the Comprehensive Plan so it is suppolted. Then also when this does go to Council if you 15 include page 5.23 of the El Camino Real Master Planning Study, it is paged titled, Design 16 Characteristics of Crosswalk Improvement at Intersections, and a Typical Crosswalk 17 Improvement Pattern, and it is a drawing of the improvements at the comer of Stanford and El 18 Camino. So I am assuming it is the theoretical basis of how this intersection is being redesigned. 19 There is no reason to make Council work to find it. Give them that one page and it I think will 20 yield some timesavings. So I will vote in favor of this proposed project and I will look forward 21 to the results. Thanks. 22 23 Chair Garber: I am in support of the motion as stated with its amendments. I believe that it 24 meets the goals of both the Comprehensive Plan as well as the El Camino Master Plan. For the 25 record, my questions that I had regarding the phasing of the lighting, etc. were asked and 26 answered through Commissioner Keller, and my questions regarding the bicycles and car 27 conflicts were addressed by several including Comn1issioner Lippert. 28 29 We will close the public hearing and we will call the question. 30 31 MOTION PASSED (6-0-0-0) 32 33 All those in favor of the motion and the amendments as stated say aye. (ayes) All those 34 opposed? The motion passes unanimously with Commissioners Martinez, Fineberg, Garber, 35 Tuma, Keller, and Lippert voting. 36 City of Palo Alto Page 42 ATTACHMENT E January 13, 2010 Responses to Commissioner Keller's Questions on Stanford Ave/EI Camino Real Improvements Plan: 1. Please provide detailed scale drawings of the before and after for the intersection. Scaled drawing of the intersection is attached for your review. 2. Please provide current and projected traffic counts at this intersection. Existing 2009 Traffic 2030 Project Design Year Volumes Traffic Volumes AM PM AM PM AADT Peak Peak AADT Peak Peak EI Camino Real at Stanford Ave 32,520 2,901 3,603 33,700 3,090 3,650 3. please provide the current and projected LOS and delay data. The proposed project will not cause any delay increases since cars will still be able to make the right turns. Cars would be turning at a slower rate, which is safer for both pedestrians and bicyclists. 4. Please provide speed data on EI Camino Real in sections before, within, and after this intersection. Staff was not able to get this information fram Cal trans in ttme for this response. 5. Please provide data on the collisions at or near this intersection, and their locations on the map and the causes of these collisions, and the nature of these collisions (car, truck, motorcycle, bicycle, pedestrian; rear end, broadside, side swipe; speeding, red light running, failure to yield right- of-way) . See table below: with the proposed project, pedestrians would have a shorter distance while crossing El Camino, in addition to having a median refuge area so that they can safely wait until the light is green again. We are also proposing to add a pedestrian count down timer to help pedestrians with how much time they have left. The elimination of the "pork chopH islands will reduce the pedestrian crossing where cars usually are trying to make a quick right turn onto El Camino. 10. How do the changes affect the safety of pedestrians traveling along Stanford Avenue? See response above. 11. How do the changes affect the for east-bound Stanford Avenue traffic to proceed through the intersection? To what extent will cars turning right onto south-bound El Camino Real waiting for pedestrians to cross El Camino Real impede other traffic going straight or turning left onto north-bound El Camino Real? The benefit of the project is that because there is a shorter crossing distance, pedestrians would be able to make it across El Camino quicker; therefore there would be less vehicle delay. 12. Is there a school crossing guard at this intersection? If not, what would be the differential effect in safety of the proposed changes compared with adding a school crossing guard? A crossing guard has currently been at this location since 2005, for 30 minutes in the morning and afternoon. The differential effect in safety would be that the crossing guard cannot reduce the pedestrian crossing time and reduce the number of pedestrian/vehicle conflicts at 2 locations, when crossing El Camino, and 3 locations while crossing Stanford. 13. What was the cause of the two-year delay between April 2007 when the City Council accepted the award until April 2009 when the design contract was issued? Is this delay the primary reason why an accelerated timeline is needed? What happens if Caltrans objects to the variances from its standard policies for state highways for the proposed project? The RFP process began in January 2009 and the Consultants were brought on board in April 2009. The reason for the accelerated timeline is because the funds for the construction of this project is programmed for fiscal year 2010 and must be obligated by JUne 30, 2010. Cal trans has already approved the "variances from its standard policiesH (Design Exceptions) for this project. 14. Please provide details on the agreement worked out by State Senator Joe Sicilian with Caltrans. The agreement that you are referring to is the pilot program where Caltrans agreed to allow Palo Alto, Redwood City and Menlo Park to plant large trees (trees that have a trunk size of 4 inches at maturity (10 years» at specific locations along El Camino Real. This project is also proposing to take advantage of this great opportunity to plant the "large " trees in the median. In April, 2009 the City contracted with Landscape Architects Callander and Associates and Civil Engineers Mark Thomas & Company to prepare the design dra-wings for the intersection improvements. PROJECT DESCRIPTION Building on the efforts of the El Camino Real Master Planning Study, the proposed intersection and streetscape design recaptures the pedestrian environment, provides bicycle accessibility and creates an identifiable character for the community. The plan includes expanded sidewalk areas, informal plaza seating, a trellis accent feature, large street tree canopies, pedestrian scale lighting and improved transit and bicycle amenities. In keeping with the goals identified in the EI Camino Real Master Planning Study, the median trees were selected to highlight the intersection as the start of a commercial corridor, as well as highlight an entrance to the Stanford Campus. The general plant palette and material choices reflect improvement projects throughout the City of Palo Alto, maintaining respect to the natural oak woodland influence and overall reflecting native, drought tolerant species. Thematic Red Maples will be used to signify the start of the commercial district. Median ground cover of Bearberry and accent planting White Carpet Rose will be low growing to maintain view corridors for safety as well as signage. Accent and storm water planting at the bulbouts consists of a mix of grasses and native drought tolerant shrubs. Specimen Valley Oaks are provided at the Stanford and Starbucks comers to shade informal seating areas. In keeping with the street tree palette along EI Camino Real, the sidewalk street trees are London Plane Trees. Along the Stanford Housing frontage on EI Camino two Valley Oaks will be planted to coordinate with the new housing development currently under construction fronting Stanford A venue, respecting views of existing oak groves within the development. Key project enhancements at the EI Canlino/Stanford Avenue Intersection will include: • Adding bulb-outs at street comers to shorten the length of pedestrian crossings; • Installing new colored asphalt pavement for the crosswalks and colored concrete for bulb-outs and median noses; • Reconstructing the exi'sting median island noses on El Camino Real to provide mid- crossing pedestrian refuge areas at the crosswalks; • Installing a complete, new signal system at the intersection; • Installing new thematic signal poles and pedestrian scale lighting; • Installing new street trees and other landscape enhancements; and • Installing streetscape features and furniture that compliment and further the "Grand Boulevard" vision and goals. Page 2 of5 DISCUSSION This project was designed to provide pedestrian vvalkability vvith improved bicycle and pedestrian visibility and safety improvements as well as streetscape amenities, all of which should improve the pedestrian/bicycle experience in this area of the El Camino Real Corridor. Visual cues such as the sidewalk bulb-outs, the enhanced crosswalks, landscaping along medians and sidewalks, and street furniture such as stone seatwalls, benches and the trellis, all reduce vehicle speeds and enable awareness for motorists of the main street amenities. This project will also demonstrate the viability of applying the overall El Camino Master Planning Study concepts to other segments of the corridor when funding becomes available. With the median along El Camino Real being widened to eight feet, the plan calls for placement of approximately 10 Red Maples in the medians (20 feet on center) and approximately eight London Planes along the sidewalks on the east and west side of El Camino Real, south of Stanford Avenue, which are all consistent with the El Camino Master Planning Study. The Red Maples would provide a strong color in the fall and be compatible with the London Plane trees on the sidewalks. Trees would be placed to not obscure/block signs or storefronts for the businesses in this stretch of El Camino Real. The El Camino Master Planning Study is available for viewing at the project's website at: http://www.cityofpaloalto.org/depts/plnlnews/details.asp?NewsID=1444&TargetID=87 Widening the median will provide a safer refuge area for pedestrians that cannot cross the entire width of El Camino Real in one signal cycle, or for those who become stranded in the median when the signal phase changes. Colored andlor textured crosswalks will provide more clearly defined areas for pedestrian travel and will be more noticeable to drivers. The removal of the "pork chop" islands and adding bulb-outs, the project will provide shorter and more direct crosswalks between sidewalks. This will increase pedestrian safety by reducing the distance and amount of time pedestrians would be exposed to traffic within the roadway while crossing. Previous Review The ARB previously reviewed the project plans at a Study Session on December 3, 2009. The comments provided on the project focused on the following design concepts: • Provide additional details (dimensions) for the trellis. • Enlarge the two bulbout areas for a better visual of what is proposed at the two comers. • Evaluate providing 2 ramps (instead of one) at the Starbucks comer, if possible. Staff presented updated plans to sub committee members Grace Lee and Judith Wasserman on December 17,2009. The updated concept plans (Attachment F) had been revised based on input received at the study session and from the community, business owners and Stanford University. The updated plan for the comer at Stanford has less seatwalls and the trees (Valley Oak and Marina Madrones) have been reduced to make the Stanford fence, with its roses, more visible as Page 3 of5 requested by Stanford. The trees at the Starbucks comer have also been reduced in number and height to maintain visibility of the building at that comer. A representative from Stanford University also attended the subcommittee meeting and discussed Stanford's concerns, as discussed in their letter (Attachment B). The subcommittee members supported her recommendations to provide a more "rural" feel to the Stanford comer and recommended the following: • Remove all of the seatwalls at the Stanford comer. • Remove the. Marina Madrone trees (2). • Plant a single grass consistent with one of the species from the Starbucks comer along with the Valley Oaks. • Remo've the proposed trellis at the Starbucks comer. Perspectives of these two comers illustrating comments received from Stanford and subcommittee members (listed above) will be presented at the ARB meeting for the Board to review and comment. PUBLIC COMMENTS The City held a community meeting at Escondido' School on December 8, 2009 to present the pro'posed plans and to gather input/comments from the community regarding the project plans. Attachment C includes the staff prepared summary of comments received at the meeting. Staff also received several emails from the public on the project and has included them in Attachment D. NEXT STEPS The project is scheduled for review by the Planning and Transportation Commission (PTC) o'n January 13,2010. This proj ect will need to be implemented on an accelerated timeline in o'rder to ensure that future grant funding is set aside for construction of this project. Grant funds for project construction in the amount of$1,210,000 will need to be obligated no later than June 30, 2010. In order to meet this deadline, final design plans must be submitted by the City to Caltrans by February 2010. ENVIRONMENTAL REVIEW Since El Camino Real (Route 82) is a state highway, Caltrans is the lead agency for completion of environmental review requirements for the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Caltrans has determined that the project is Categorically Exempt under both CEQA and NEP A (See Attachment E). ATTACHMENTS A. ARB Findings for Approval B. Letter from Stanford University C. Summary Notes of December 8 Community Meeting Page 4 of5 D. Comments received Categorical Exemption/Categorical Exclusion Determination Form Site Plans (ARB members only) COURTESY COPIES Charles S. Carter, Director Land Use & Environmental Planning Prepared By: Shahla Yazdy, Transportation Engineer Manager Review: Julie Caporgno, Chief Planning and Transportation Official Page 5 of5 CONCEPTUAL PERSPECTIVE -WITHOUT TRELLIS SOUTHWEST CORNER OF EL CAMINO REAL AND STANFORD AVE. INTERSECTION CONCEPTUAL PERSPECTIVE NORTHWEST CORNER OF EL CAMINO REAL AND STANFORD AVE. INTERSECTION December 14, 2009 Shahla Yazdy Project Manager STANFORD UNIVERSITY LAND USE AND ENVIRONMENTAL PLANNING City of Palo Alto Transportation Department 250 Hamilton Ave. Palo Alto, CA 94301 Dear Ms. Yazdy, ATTACHMENT H Thank you for providing information about the EI Camino RealI Stanford Avenue Intersection Improvement Project and for the opportunity to provide initial feedback in a stakeholders meeting on the project and in a working session. While we were unable to attend a larger public meeting on December 8, we did attend the December 3 Architectural Review Board (ARB) meeting study session for the project. While these meetings have been useful in bringing Stanford up to speed on the project and giving us the opportunity to provide informal comment, we believe that it is important to document our response to the project formally in this letter as it moves through what appears to be an accelerated City approval process. We have organized our comment into three categories: Process, Engineering, and Landscape Design A key concern of moving the corner's curb out into the EI Camino roadway is the potentially significant impact of interrupting the existing drainage pattern along EI Camino, impacting homes, businesses, and the roadway itself. The raised corner would constrict the overland flow path of runoff from major storms that flows southeasterly along the south side of EI Canllno, which could back-up flood waters into EI Camino and Stanford property and potentially flood new homes currently being constructed and a larger portion of EI Camino itself. See further explanation below. PROCESS 1. The outreach efforts have been reasonable and useful, however, we are not clear about how input from those efforts will be incorporated into the process. To date, we have not seen revised project design plans reflecting our comments. Will such plans be posted on the project website or otherwise provided? (Possibly through distribution of a formal ARB application to stakeholders?). Please note that the Protocol -2000 to the Stanford Land Use Policy Agreement requires that the City provides copies to Stanford of all City development project applications with potential to affect Stanford. 1 3145 PORTER DRIVE • PALO ALTO, CALIFORNIA 94304-8442 • (650) 72)-7773 FAX (650) 725-8598 2. We understand that the project will require site and design approval from ARB. What is the schedule for subsequent ARB actions? We wish the ARB to take our comn1ents into consideration and will provide copies of our comments to the Chair and Planning Department Staff to ARB and to the Planning Director. We understand that it is the Planning Director who formally approves or denies site and design approval at the recommendation of the ARB. 3. What is the anticipated CEQA action for the project? We understand that for minor projects the Planning Director may approve an exemption or negative declaration, again following recommendation of the ARB. 4. How will Caltrans review and sign off on the plan? We anticipate that agency will be interested in the drainage issue we've raised. ENGINEERING There are serious drainage issues that the project as proposed causes. The Stanford engineers raised this concern several months ago and again in December. To date these have not been addressed. In an email to the Palo Alto project manager and the design engineer dated May 2009, Tom Zigterman, Stanford Associate Director of Utilities and Civil Infrastructure Manager wrote: "My biggest concern about your proposed project (your plan is scanned and attached, for reference) is drainage. EI Camino is a major drainageway for the region's runoff, including Stanford's. Our pipes and ditches discharge to Caltrans' 52-inch storm drain along our side of EI Camino, flowing south eventually to Matadero Creek. This storm drain, though large, only has capacity for minor storms, and is overtopped in major storms, sending runoff overland along EI Camino, as was experienced in the February 1998 storm. Your proposed new corners on each side of Stanford Ave could likely cut off the south-bound overland flow across Stanford A venue, possibly causing runoff to back up onto Stanford property. We have carefully engineered our campus drainage system to function appropriately with the EICamino pipe and overland flow, and interruption of the El Camino flow could have a major impact on the campus, particularly the new residential developments. The residential projects include major drainage changes in the area. The Stanford Ave ditch is being replaced with a combination pipe and overflow ditch, still connecting to the 24-inch and 36-inch lines that currently convey runoff from the ditch to the Caltrans pipe. Also, a new drainage ditch will be constructed along EI Camino. All of these improvements are totally contained on Stanford property and do not modify the Caltrans pipes or roadway. 2 So, I know this is a major challenge for your project, and we have some coordination to do. Please let me know when you would like to meet to discuss these complexities further." We suggest a working session with the engineer as soon as possible to ensure that they understand the hydrologic and hydraulic conditions, so that they can engineer an approach that preserves the existing hydraulic capacity of the El Camino corridor through the Stanford Ave intersection, and prepare drawings, cross-sections, and hydraulic calculations for our review (and possibly Caltrans') ensuring no increase in flooding risk to our developments. LANDSCAPE DESIGN Both Stanford and the City have prepared guidelines for the treatment of EI Camino Real frontage. In developing the Stanford University EI Camino Plan required by the University's Santa Clara County General Use Permit, Stanford received specific guidance from the Palo Alto ARB to maintain a rural character for the future housing frontage adjacent to Stanford Ave. That rural character would include generous setbacks (100' +1-), large oak trees, limited pedestrian access, etc. The plan was subsequently approved by Santa Clara County. Further, Stanford referenced the City's 2003 EI Camino Master Plan Study that went through a year of community input and which Stanford supports, for the treatment and design principles along this stretch of EI Camino. Stanford feels it is important that the landscape design for the intersection is consistent with the approved EI Camino Plan and the City's StUdy. The issues the landscape design as proposed are as follows: 1. Character In the City's 2003 EI Camino Study diagrams and text clearly show that when one travels northwest (toward Menlo park) on EI Camino there is a distinct change from urban to rural treatment when one crosses Stanford Avenue and begins Stanford University. Stanford has tried very hard to create an identity consistent with its nickname "the Farm" at all of its major entries with elegant, but rural landscape treatments including loose beds of roses, vine covered fence, large trees and a very simple ground plane. Stanford has avoided suburban development treatments that would be more consistent with commercial development. We believe that the little seat walls and planters as shown on the current (2009) intersection plans are inconsistent with the Stanford character at the beginning of the University as seen traveling northwest on EI Camino, and out of scale with the long university edge. We would prefer to feature the Stanford fence with its roses (rather than hide it); and if additional planting is needed, to do it in character consistent with other university edges and entries, such as Palm Drive, with a simple bed of drought tolerant roses or other plant material, and perhaps one or two large specimen oaks that Stanford may even be able to supply 3 Stanford Character: 2. Trees The 2003 El Camino Plan was specific about characters and treatments of trees along El Camino. The original 2009 intersection plans we saw did not seem to reflect any of the plan components. After subsequent conversation, some adjustments have been made to be more consistent. Particularly, the Stanford frontage will be loose masses of Oak trees (in lieu of the originally proposed regular pattern of street trees), and the medians will have large scaled canopy trees (the original smaller scaled trees between the canopy trees as originally proposed have been eliminated). At the Stanford comer, however, we do not prefer a crowded cluster of small trees that are not typical of University plantings or character. The El Camino Plan recommended Red Maple in the medians at the commercial neighborhoods to call attention to them as something special. We think that the Red Maple probably does a better job of this than the now proposed Quercus lobata, but Stanford does not feel strongly about the median tree choice. We would like to see the final planting plan. 4 3. Operations We are not sure how desirable the Stanford Comer will be to hang out or sit on seat walls with the noise and traffic so close. However, if it is intended for spillover from Starbucks, then Stanford would want to be assured that there would be trash pick-up and clean-up on a daily basis. 4. Prototype While this is not of immediate concern relative to the Stanford comer, if this project is to be a prototype for future El Camino redevelopment, the elements proposed should bear scrutiny. The light fixtures and particularly the benches have a very decorative old- fashioned character. These may not be universal enough to work equally with contemporary redevelopment such as in South Palo Alto or near Page Mill, as with older structures. The same can be said for the walls and the elements proposed at Starbucks. The title of the 2009 plans are "Context-sensitive Streetscape Improvement Project", but the plans don't seem to fully reflect this. We look forward to your response and the opportunity to work with you to make this important project one that we can all support enthusiastically. Please don't hesitate to call if you have any questions. Charles S. Carter, Director Land Use & Environmental Planning cc: Cathy Blake, Grace Lee, Jean McCown, Russ Reich, Curtis Williams, Tom Zigterman 5 DillonDesignAssooates landscape Architecture January 27,2010 Shahla Yazdy Transportation Engineer City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 CLN 1910 Re: EI Camino Real & Stanford Avenue Intersection Improvements & Streetscape Project (specifically the Starbuck's retail at southwest quadrant adjacent to Stanford northwest quadrant) Dear Ms. Yazdy, Dillon Design Associates was present at the January 13,2010 Planning & Transportation Commission meeting. We have not viewed the minutes for this meeting but we understand the information communicated regarding the Starbuck's site landscaping was as follows: 1. Starbucks has two existing London Plane trees (approx. 4" to 6") in the parkways and one larger Plane tree (approx. 8") in the north cafe patio. 2. Adding a large Valley Oak adjacent to the Cafe Patio creates problems as follows: a. This tree would obscure Starbuck's sign therefore creating hazard for drivers looking for the store from the north. This coffee shop has high volume of car traffic. b. The mirroring of two proposed Oaks as a gateway is not valid. We concur with the Stanford Planning staff that the Oaks should both be in the rural quadrant and that the southwest quadrant should remain the urban boundary. 3. The Planning & Transportation Commission requested by verbal unanimous vote that the tree location and species of tree on the southwest comer adjacent to the Starbucks be acceptable to Starbucks. 4. The Transportation staff was directed to meet with the owners and their representatives. A site (field) meeting with all the Principals involved is to be scheduled. Revised proposals and accurate existing conditions will be determined at that time. Resolution proposals will be ready before the next City Council meeting. Please include this letter in the packet to the City Council Members for February 8, 2010 meeting. Sincerely, Michael B. Dillon, Principal Landscape Architect Dillon Design Associates Cc: Cathy Deino Blake, Stanford University 259 Chico Avenue Santa Cruz, CA 95060 Phone (831) 420-1648 E-Mail ddastudio@sbcglobal.net Yazdy,Shahla From: Sent: To: Cc: Roger Pierno [rpierno@valleywater.org] Wednesday, December 09,20091:18 PM Yazdy, Shahla 'Kathy Durham'; Planning Commission; 'gltanaka@yahoo.com' Subject: Comments on EI Camino Real/Stanford Avenue Intersection Changes Dear Shahla, Page 10f2 Here are the comments I made at last night's meeting on the EI Camino Real (ECR)/Stanford Avenue intersection project. would like them added to the record for this project. I agree with this project's mission to improve safety at this intersection, but the plan as presented creates unnecessary new restrictions on motor vehicle movement. Removing the "pork chop" islands should increase pedestrian and bicyclist safety, but replacing the islands with bulbouts is counter to the stated objective of not reducing vehicle capacity. • Adding bulbouts takes away the existing right turn lanes that aid traffic flow. With this proposal, those drivers turning right onto Stanford going West or right on to ECR going South will have to wait behind those going straight at red lights, something they generally do not do now. • Worse than the waiting is that eliminating these right turn lanes will in fact reduce capacity and reduce safety because those traveling straight will have to slow or stop behind those turning right; in the morning there are many drivers turning right onto Stanford A venue and onto ECR, so this is a recipe for disaster. For example, when a pedestrian is crossing ECR, all drivers on Stanford will have to wait, not just those turning right from Stanford Ave; this will lead to people in cars waiting through many light cycles to enter ECR. Either that or the light for Stanford will be green an excessively long time, thus reducing traffic flow and ECR. • Another likely outcome of eliminating the right tum lane from Stanford Ave onto ECR is that drivers will "shortcut" through College Terrace rather than wait to turn right at ECR. It is inconceivable to me that anyone representing College Terrace would overlook this likely outcome since this has been a topic of concern for years. It's a nice idea to create large plazas on the Stanford and Starbucks comers of this intersection, but please realize that they will rarely be used and in taking this space from vehicle traffic this proposal adds to traffic congestion, pollution, and driver frustration. Finally, I stated at the meeting that those in attendance [which numbered only about 20] do not appear to represent a cross section of the community. Most of the discussion centered on the trees being considered. There were also several comments on improvements for bicyclists, which are of course important, but they should not dominate what is primarily a motor vehicle intersection. It seemed that a majority present were either merchants or property owners in the immediate vicinity. Only I, and maybe one or two others, even mentioned car traffic flow issues. The above are the remarks I made at the meeting, but I have some further thoughts on this subject which I want added to the record. This intersection is a main, and likely the busiest, entrance and exit to and from the College Terrace neighborhood. I am deeply concerned that the College Terrace neighborhood has been poorly represented in this process. I don't remember receiving any City notice regarding this issue and there has been little notice made by the College Terrace Residents Association to the neighborhood; it certainly did not get anywhere near the level of publicity that the JJ&F redevelopment got and it is equally, if not more important. The low profile of this project is particularly disturbing considering that it is on a fast track for approval. Another concern is the fact that there have been stakeholder meetings which seem to be comprised of mainly merchants and property owners near the intersection. In summation, I agree that the crosswalks and medians need improvement and that the pork chop islands should be eliminated to improve safety. But addition of the bulbout curbs is counter to improving traffic flow and a waste of street space. Instead, dedicated right tum lanes should replace the islands as these seem to be the safest way to maintain through traffic and turning traffic capacity on both streets and the best way effectively use of the street space already there. Improvements in the appearance ofEI Camino Real do not have to come at the expense of the majority of the users of this street. 2/3/2010 Sincerely, Roger Piemo, P .E. 1200 College Avenue (650) 867-7597 2/3/2010 Page 20f2