HomeMy WebLinkAbout1998-06-22 City Council (16)TO:
FROM:
DATE:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL .~,,1 3
CITY MANAGER
JUNE 22, 1998
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
CMR:279:98
SUBJECT:APPROVAL OF AMENDMENT TO CONTRACT WITH
PRESERVATION ARCHITECT BARBARA JUDY AND
AUTHORIZATION TO ENTER INTO CONTRACT(S) WITH
ADDITIONAL CONSULTANT(S) FOR SERVICES NEEDED TO
CONTINUE PROGRAMS IMPLEMENTING THE INTERIM
REGULATIONS FOR HISTORIC MERIT EVALUATION AND
DESIGN REVIEW (INCLUDING ANY SUBSEQUENT
EXTENDED REGULATIONS FOR HISTORIC MERIT
EVALUATION AND DESIGN REVIEW), AND APPROVAL OF
A WAIVER FROM POLICY AND PROCEDURES 1-10 TO
ALLOW STAFF TO PROCEED WITH THE DISTRIBUTION OF
REQUESTS FOR PROPOSALS ABSENT COUNCIL REVIEW
RECOMMENDATION
Staff recommends that Council (1) approve an amendment to the current contract with
Preservation Architect Barbara Judy, for services related to the Interim Regulations for
Historic Merit Evaluation-and Design Review, (2) authorize the City Manager or her
designee to enter into short-term contracts with one or more consultant(s) for services related
to the Interim Regulations for Historic Merit Evaluation and Design Review, and (3) approve
the requested waiver from Policy and Procedures 1-10 to allow staff to proceed with the
distribution of a Request for Proposal absent Council review.
BACKGROUND:
Legislative History_ of Interim Regulations
The existing Interim Regulations for Historic Merit Evaluation and Design Review (Interim
Regulations) were extended by Council on March 23, 1998 and will expire August 31, 1998
unless Council extends or replaces the regulations. The funding ($35,000) required to
administer ~e Interim Regulations through August 1998 is included as an amendment to the
City Manager’s Proposed 1998/99 Budget. On May 26, 1998, Council directed staff to delay
CMR:279:98 Pag~ 1 of 4
adoption of the new Historic Ordinance and to extend the Interim Regulations in order to
complete work on the proposed Historic Inventory. Staff plans to return on July 6, 1998 with
the extension of the Interim Regulations.
DISCUSSION:
Contract with Barbara Judy
In order to administer the Interim Regulations, the City entered into a contract with Barbara
Judy on December 2, 1996 and amended the contract on July 7, 1997 with an expiration date
of June 30, 1998. In order to continue to:administer the Interim Regulations, the existing
contract with Barbara Judy must be amended. Staff will return to Council with an amended
contract with Barbara Judy and Budget Amendment Ordinance in August 1998.
The $35,000 included in the 1998-99 Proposed Budget may be allocated to Barbara Judy to
continue services related to administering the Interim Regulations through September 30,
1998, subject to revised terms and program tasks as summarized below. Barbara Judy’s
revised scope of work is attached to this report as Exhibit A. It should be noted that a clause
is included stating that the City Manager may make changes to the scope of work included
in the proposed contract. The scope of work also provides for continued services, subject to
City Council funding approval(s).
The following is a summary of revisions to Barbara Judy’s contract terms, as described in
the scope of work:
The contract terms provide for services by Barbara Judy not to exceed 84 hours per
month and for services by Barbara’s technical assistant not to exceed 60 hours per
month through the end of August 1998. In September, the hours of service per month
provided by Barbara Judy will decrease and additional consultant(s) will be on board
to share in the tasks.
A total of up to $20,000 is allocated to cover the $17,500. identified for salary (144
hours) and $2,500 for any unanticipated costs through August 1998, at a minimum.
Up to $15,000 in funding may be allocated for additional consultant work by Barbara
Judy through September 1998, unless these funds (or a portion thereof) have
otherwise been designated to other consultants. The funds would be made available,
at the City Manager’s discretion, for payment to either Barbara Judy or to other
potential consultant(s).
The following is a summary of proposed revisions to tasks to be performed by Barbara Judy,
as identified in the scope of work:
Historic merit evaluations, landmark alteration reviews and special projects are
identified as the primary tasks.
CMR:279:98 Page 2 of 4
Compatibility reviews are identified as a secondary task (to be performed only if no
consultants are available and time is available for the task). In September 1998,
historic merit evaluations would also become secondary tasks (to be performed only
if no other consultant(s) are available and time is available for the task).
Contract(s) .with Additional Consultant(s)
Staff requests that the Council authorize the City Manager to enter into contract(s) with
additional consultant(s) to share the program tasks with Barbara Judy. The funds would be
made available, at the City Manager’s discretion, for payment to either Barbara Judy or to
other potential consultant(s). The scope of work proposed for the potential additional
consultant(s), attached to this report as Exhibit B, identifies compatibility reviews and
historic merit assessments as the primary tasks to be performed, while landmark evaluations
and public information and education are identified as secondary tasks. The scope of work
provides for continued services, subject to City Council funding approval(s).
RESOURCE IMPACT
The $35,000 requested to address the short term program needs (i.e., consultant services
through August 1998, at a minimum) has been included as an amendment to the City
Manager’s Proposed 1998/99 Budget. Any new work beyond August 1998 authorized by
Council’s extension of the Interim Regulations will be requested in August as a separate
resource request.
POLICY IMPLICATIONS
The requested amendment and authorization are consistent with the direction of Council
regarding the Interim Regulations for Historic Merit Evaluation and Design Review.
TIMELINE
The following actions and schedule
Program:
are proposed relative to the Historic Preservation
July 1998
August 1998
Extension of the Interim Regulations is scheduled for Council
consideration.
Staff will return to City Council to request the following:
¯Additional funding for continuance of the Interim
Historic Program.
o Extend Barbara Judy’s contract as well as a request to
secure additional consultants to assist the general public
in the review and implementation of the interim
regulations until completion of the program.
CMR:279:98 Page 3 of 4
August - March 1998
Winter 1999
Spring 1999
¯Request authorization and funding to extend the Dames
and Moore contract to complete the research for the
study priority list 2.
Dames and Moore research on study priority lists 1 and 2 will be
undertaken.
Public hearings on the revised Historic Preservation Ordinance
will be scheduled. The study priority list research and findings
will be complete.
Expected adoption of the revised Historic Preservation
Ordinance.
ENVIRONMENTAL REVIEW
The requested amendment to the contract and authorization to contract with additional
consultant(s) do not represent projects under the California Environmental Quality Act.
ATTACHMENTS
Attachment A - Amended Contract for Barbara Judy
Attachment B - Exhibit A. 1, Amended Scope of Services for Barbara Judy
Attachment C - Exhibit B, Scope of Services for Additional Consultants
PREPARED BY:Amy French, Associate Planner
Eric Riel, Jr., Chief Planning Official
DEPARTMENT HEAD:
ANNE CRONIN MOORE
Interim Director of Planning and
Community Environment
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CC:Barbara Judy, Preservation Architect
CMR:279:98 Page 4 of 4
AMENDMENT NO. 2 TO CONTRACT NO. C7093610
BETWEEN THE CITY OF PALO /tLTO 7tND
BAP~ JUDY
Attachment A
This Amendment No.2 to Contract No. C7093610
("Contract") is entered into , 1998, by and between the
CITY OF PALO ALTO, a chartered city and a municipal corporation of
the State of California ("CITY"), and BARBARA JUDY (Taxpayer
Identification Number 261-17-9915), a sole proprietor and
California licensed architect with offices located at Pier 70, The
Noonan Building, Rm. 210, San Francisco, CA 94107 ("CONTRACTOR").
RE C I TAL S:
WHEREAS, the Contract was entered into between the
parties for the provision of professional services to the
Department of Planning and Community Environment regarding historic
preservation matters; and
WHEREAS, the parties amended the contract to revise the
scope of work and correspondingly increase the total compensation
allowed under the Contract by $16,000, for a total maximum
compensation of $216,000; and
WHEREAS, the parties wish to amend the Contract again in
order to extend the term of the Contract and correspondingly
increase the total compensation allowed under the Contract by
$35,000, for a total maximum compensation of $251,000; and
WHEREAS, the parties wish to amend the Contract to limit
Contractor’s obligation to indemnify the City so as to allow the
City to provide a defense for matters arising out of the exercise
of professional judgment during the course and scope of performance
of duties under this Contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
SECTION i.
to read as follows:
Section 1.2 of the Contract is hereby amended
"This Contract is foran initial period
lasting to September 30, 1998, and may be
extended by mutual written agreement of CITY
and CONTRACTOR.
980616 la.c 005 |996
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Section 4.1 of the Contract is hereby amended to read as follows:
"In consideration for the full
performance of the Services by CONTRACTOR,
CITY Will pay CONTRACTOR at the hourly rates
set forth in Exhibit "D," p~yable within
thirty (30) days of submission by CONTRACTOR
of its itemized billings, in triplicate;
provided, however, the total sum payable to
CONTRACTOR hereunder shall not exceed a total
of Two Hundred Fifty One Thousand Dollars
($251,000) through the term of the contract,
provided, however, that CITY may, in the
exercise of its sole discretion, reduce the
total sum to Two Hundred Thirty Six Thousand
Dollars ($236,000) by giving notice to
CONTRACTOR on or before August 31, 1998."
Section 6.1 of the Contract is hereby amended to read as follows:
~CONTRACTOR agrees to protect, indemnify,~
defend and hold harmless CITY, its Council
members, officers, employees and agents from
any and all demands, claims, or liability of
any.nature, including death or injury to any
person, property damage or any other loss,
caused by or arising out of CONTRACTOR’s acts,
errors, or omissions, or willful misconduct
outside the course and scope "of conduct
required in the performance of its obligations
under this Contract."
Section 14 of the Contract is hereby amended to read as follows:
"14.1 As set forth in the Palo Alto Municipal Code,
no discrimination will be made in the employment of
persons under this Contract because of the age, race,
color, national origin, ancestry, religion, disability,
sexual preference or gender of such person. If the value
of this Contract is, or may be, five thousand dollars
($5,000) or more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code pertaining
to nondiscrimination in employment, including completing
the requisite form furnished by CITY and set forth in
Exhibit "C".
14.2 CONSULTANT agrees that each contract for services
from independent providers wil! contain a provision substantially
as follows:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
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980616 |ac 0051996
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, .~race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such~person.’’
14.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or Officer will
constitute evidence of a breach of this Contract.
14.4 If CONSULTANT is found in default of the
nondiscrimination provisions of this Contract, CONSULTANT will be
found in material breach of this Contract. Thereupon, CITY will
have the power to cancel or suspend this Contract, in whole or in
part, or to deduct from the amount payable to CONSULTANT the sum of
two hundred fifty dollars ($250) for each calendar day during which
CONSULTANT is not in compliance with this provision as damages for
breach of contract, or both."
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980616 lac 0051996
SECTION 2. 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, the parties have by their duly
authorized representatives executed this~,Amendment ~on the date
first above written.
ATTEST:CITY OF PAJ~O ALTO
City Clerk Mayor
A~PROVED AS TO FORM:
City Attorney
APPROVED :
By:
JUDY
City Manager
Interim Director of Planning
and Community Environment
Director of Administrative
Services
Risk Manager
Attachment: Amended Scope of Services
9[~0616 |ac 0051996
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189
STATE OF
COUNTY OF
)
))
On <~~! /{~ , before me, the undersigned, anota[~,~i~~n for -said County, personally appeared
,~personally know~ t<¢ me (or proved to me on the basis of
satisfactory evidence) to be the person(~ whose name¢~) is/am@subscribed to .the within instrument, and acknowledged to me that
b~(/she/th~y executed the same in h’.2~/her/th~k~r authorized
capacity(ie~), and that by h~/her/thektr signature(~ on the
instrument the person(~), or the entity upon behalf of which the
person(~Q acted, executed the instruraent.
WITNESS my hand and official seal.
Signature of Notary
980616 lac 0’051996 5
Attachment B
EXHIBIT A.1
Historic Merit Evaluation and Design Review Program
Amended Scope of Services for Barbara Judy
Purpose of the Program
The purpose of this program is to implement the Regulations for Historic Merit Evaluation
and Design Review required for residential structures constructed prior to 1940, as adopted
by the City Council on October 28, 1996. :The program includes evaluating the historic merit
of pre-1940 residential buildings prior to issuance of any building permit or demolition
permit, review by the Historic Resources Board of any proposed exterior changes to
Landmarks Structures, and assessment of proposed plans for major remodels or replacement
of Contributing Structures.
Work Program
The Contractor will be responsible for administering select aspects of the Historic Merit
Evaluation and Design Review program under the Interim Regulations for Historic Merit
Evaluation and Design Review and will report directly to the Chief Planning Official. The
Contractor’s role is advisory to the Interim Director of Planning and Community
Environment.
While administering the Historic Merit process, the Contractor will subcontract for the
services of one or more technical/support assistants responsible for research and survey
assistance. At the City’s discretion and with the concurrence of the City, the Contractor may
also subcontract with an architectural historian or historic architect to provide specialized
professional skills in the event that such expert assistance is required.
Terms
Through August 1998, a maximum of 84 hours of service per month are to be provided by
the Contractor, and a maximum of 60 hours per month are to be provided by the Contractor’s
assistant. In September, the hours of service per month will decrease as additional
consultants are hired by the City. A total of $20,000 is allocated to cover the $17,500
identified for salary (144 hours) and up to $2,500 for any unanticipated costs through August
1998, at a minimum. A total of $15,000 is allocated for work performed during a reduced
number of hours through September, 1998, where this funding may be shared with additional
consultants. Additional funding may be allocated and revisions to the scope of work may be
made by Council in August, 1998.
Responsibilities
Ao Historic Merit Assessment
This is a primary task through August 1998, and a secondary task after August 1998.
lnitial Screening.. When an application has b~n submitted for Historic Merit
Assessment of a pre-1940 residential building, the Contractor will conduct the
initial screening, including a visit to the site, to determine whether the building
may have historic merit. :
Q
Historic Merit Evaluation. If it is determined that a building may have historic
merit, the Contractor will conduct research and prepare documentation, a staff
report, and recommendation necessary to support the Historic Resources Board
in determining the historic significance of the building -- whether the building
has historic merit and, if so, whether it is a Landmark or a Contributing
structure -- and will attend the Historic Resources Board meetings.
Bo Design Review
The Contractor will review architectural plans for substantial remodels of
Contributing Structures and for new houses that replace historic houses that are
demolished to determine whether the plans comply with the Compatibility Review
Standards. The Contractor will assist and advise applicants in understanding the
purpose and requirements of the Compatibility Review Standards (Standards) and in
designing their building so that it complies with the Standards. This is a secondary
task to be performed only if no consultants are available for the task and time is
available for the task.
The Contractor will work with the applicants proposing changes in Landmark
Structures to assist them in understanding and complying with the Standards for
review, and will prepare staff reports and recommendations supporting the Historic
Resources Board in its evaluation of proposed alterations to Landmark Structures for
compliance with the Secretary of the Interior’s Standards and Guidelines for Historic
Rehabilitation, and will attend the Historic Resource Board meetings. This is a
primary task.
Co Appeals
The Contractor will process all appeals, to any appealable decision for which the
Contractor processed the initial application, including public noticing, preparing
documentation and staff reports and presenting the appeal to the City Council with
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graphics and visual aids that m~y be required to make the issues clear to the Council
and the general public.
Availability. to the Public
The Contractor will have regularly scheduled hour~’ for meeting with applicants in
Palo Alto on at least one day each week. The Contractor will respond to inquiries
from applicants, the press, and members of the general public regarding the purpose
and operation of the program. : ~.
Availability to City Staff
The Contractor shall be available to consult and coordinate with City staff regarding
activities and processing of applications on at least one day each week.
Support for the Historic Resources Board
The Contractor will support the Historic Resources Board in implementing the
Interim Regulations for Historic Merit Evaluation and Design Review with staff
reports, containing findings and conditions, review of minutes and agendas and other
supplemental materials for the Historic Resources Board and public record and file
keeping of all applications processed by the Contractor. All reports, notices and other
materials will be prepared in conformance with the City’s established format and
standards.
Go Advise and Assist the Director of Planning and Communi .ty Environment
The Director may request the advice and assistance of the Contractor on other matters
related to carrying out the City’s historic preservation policies and programs, and may
request assistance with specific preservation tasks at City owned historic buildings.
Attachment C
EXHIBIT B
Historic Merit Evaluation and Design Review Program
Scope of Services for Additional Consultants
Purpose of the Pro.gram
The purpose of this program is to implement the Regulations for Historic Merit Evaluation
and Design Review required for residential structures constructed prior to 1940, as adopted
by the City Council on October 28, 1996. The program includes evaluating the historic merit
of pre-1940 residential buildings prior to issuance of any building permit or demolition
permit, review by the Historic Resources Board of any proposed exterior changes to
Landmarks Structures, and assessment of proposed plans for major remodels or replacement
of Contributing Structures.
Work Proaram
The Contractor will be responsible for administering select aspects of the Historic Merit
Evaluation and Design Review program under the Regulations for Historic Merit Evaluation
and Design Review and will report directly to the Chief Planning Official. The Contractor’s
rote is advisory to the Interim Director of Planning and Community Environment.
While administering the Historic Merit process, the Contractor will subcontract for the
services of one or more technical/support assistants responsible for research and survey
assistance. At the City’s discretion and with the concurrence of the City, the Contractor may
also subcontract with an architectural historian or historic architect to provide specialized
professional skills in the event that such expert assistance is required.
Primary responsibilities include:
A.Design Review
The Contractor will review architectural plans for substantial remodels of
Contributing Structures and for new houses that replace historic houses that are
demolished to determine whether the plans comply with the Compatibility Review
Standards (Standards). The Contractor will assist and advise applicants in
understanding the purpose and requirements of the Compatibility Review Standards
and in designing their building so that it complies with the Standards.
Historic Merit Assessment
lnitial Screening. When an application has been submitted for Historic Merit
Assessment of a pre- 1940 residential building, the Contractor will conduct the
initial screening, including a visit to the site, to determine whether the building
may have historic merit.
Historic Merit Evaluation. If it is determined that a building may have historic
merit,.the Contractor will conduct research and prepare documentation, a staff
report, and recommendation necessary to support the Historic Resources Board
in determining the historic significance of the building -- whether the building
has historic merit and, if so, whether it is a Landmark or a Contributing
Structure -- and will attend the Historic Resources Board meetings.
The City may also request the following additional services:
C.Landmark Building Modifications
The Contractor will work with the applicants proposing changes in Landmark
Structures to assist them in understanding and complying with the Standards for
review, and will prepare staff reports and recommendations supporting the Historic
Resources Board in its evaluation of proposed alterations to Landmark Structures for
compliance with the Secretary of the Interior’s Standards and Guidelines for Historic
Rehabilitation, and will attend the Historic Resource Board meetings.
D. Appeals
The Contractor will process all appeals to any appealable decision for which the
Contractor processed the initial application, including public noticing, preparing
documentation and staff reports and presenting the appeal to the City Council with
graphics and visual aids that may be required to make the issues clear to the Council
and the general public.
E.Availability to the Public
The Contractor will have regularly scheduled hours for meeting with applicants in
Palo Alto on at least one day each week. The Contractor will respond to inquiries
from applicants, the press, and members of the general public regarding the purpose
and operation of the program.
Availability_ to City Staff
The Contractor shall be available to consult and coordinate with City Staff regarding
activities and processing of applications on at least one day each week.
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G0 Support for the Historic Resources Board
The Contractor will support the Historic Resources Board in implementing the
Interim Regulations for Historic Merit Evaluation and Design Review with staff
reports, containing findings and conditions, review of ~inutes and agendas and other
supplemental materials for the Historic Resources Board and public record and file
keeping of all applications processed by the Contractor. All reports, notices and other
materials will be prepared in conformance with the City’s established format and
standards.
Ho Advise and Assist the Director of Planning and Community. Environment
The Director may request the advice and assistance of the Contractor on other matters
related to carrying out the City’s historic preservation policies and programs, and may
request assistance with specific preservation tasks at City owned historic buildings.
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