HomeMy WebLinkAbout1996-10-28 City Council (14)City of Paio Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
AGENDA DATE:
CITY MANAGER
October 28, 1996
DEPARTMENT: Planning and
Community Environment
CMR:445:96
SUBJECT:Budget Amendment Ordinance (BAO) for Amendment to
Agreement between the City and Barry J. Miller for Editing and
Desk-Top Publishing Services for the Comprehensive Plan
REQUEST
This report forwards to Council a BAO in the amount of $5,000 to be added to the
Agreement between the City and Barry J. Miller for additional contracting services related
to preparation of the Comprehensive Plan. This need resulted from using City staff time for
work on the Urgency Moratorium regarding demolition of residential structures built before
1940. This amendment results in the contract exceeding the $25,000 limit (Chapter 2.30.070
PAMC) that necessitates City Council approval.
RECOMMENDATIONS
Staff recommends that the Council approve the attached BAO in the amount of $5,000 and
authorize the amendment to the Agreement between the City and Barry J. Miller for
Comprehensive Plan editing and desk-top publishing services. The Amendment will increase
the contract to $30,000, thus requiring Council action.
POLICY IMPLICATIONS
This report implements Council policy direction given to staff at the Council meeting of
October 15, 1996, as included in CMR:436:96, to return to Council with a BAO to augment
the Comprehensive Plan editing and desk-top publishing contract.
DISCUSSION
When the Urgency Moratorium on demolition of pre-1940 houses first became an issue,
Planning staff, who were temporarily reassigned to assist in developing the Interim
Regulations, had been working on Phase IV of the Comprehensive Plan. The
Comprehensive Plan was nearing draft document publication. The publishing contractor
CMR:445:96 Page 1 of 2
assumed tasks that were originally to be accomplished by the staff planner temporarily
assigned to the Urgency Moratorium. Planning staff authorized the publishing contractor to
coordinate several aspects of publication and graphic formatting at an additional cost of
approximately $5,000. Given the stage of work on the Comprehensive Plan and the previous
commitment of time by the contractor to achieving certain results in this time period,
stopping work on the Plan publishing until City staff were again available was rejected as a
feasible work option.
ALTERNATIVES
Should the Council choose not to increase the contract amount, permanent staff will need to
assume future tasks that a contractor was anticipated to accomplish for publishing the
Comprehensive Plan document, and the publication date will be significantly delayed.
FISCAL IMPACT
The $5,000 appropriation will be funded by the General Fund Budget Stabilization Reserves.
ENVIRONMENTAL ASSESSMENT
Amendment to an existing contract for consulting services is not a project under CEQA.
ATTACHMENTS
Budget Amendment Ordinance
Action Agenda of 10/15/96 City Council Meeting
Amendment to Agreement Between City and Barry J. Miller
PREPARED BY: Nancy Lytle
DEPARTMENT HEAD REVIEW:
KENNETH R. SCHREIBER
Director of Planning and
Community Environment
CITY MANAGER APPROVAL:
City Manager
CMR:445:96 Page 2 of 2
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR .THE FISCAL YEAR 1996-97 TO
PROVIDE AN ADDITIONAL APPROPRIATION FOR EDITING AND DESK-
TOP PUBLISHING SERVICES FOR THE COMPREHENSIVE PLAN
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June
24, 1996 did adopt a budget for fiscal year 1996-97; and
WHEREAS, the Council directed staff to develop Interim
Regulations regarding the Urgency Moratorium on demolition of pre-
1940 buildings; and
WHEREAS, staff had to be temporarily reassigned to accomplish
this task; and
WHEREAS, in order to meet a publishing deadline for Phase IV
of the Comprehensive Plan, additional contract services of $5,000
were required for editing and publishing; and
WHEREAS, City Council authorization is needed to amend the
1996-97 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
$EgTION i. The sum of Five Thousand Dollars ($5,000)) is
hereby appropriated to non-salary expenses in the Advanced Planning
Functiona! Area in the Planning and Community Environment
Department, and the Budget Stabilization Reserve is correspondingly
reduced.
SEgTION 2. This transaction will reduce the
Stabilization Reserve from $16,428,196 to $16,423,196.
Budget
SECTION 3. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SEgT!QN 4. This is not a project under the California
Environmenta! Quality Act.
SECTION 5. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Deputy City
Administrative
Department
Manager,
Services
Director of Planning
Community Environment
and
CITY COUNCIL
AGENDA
ACTI ON
CITY COUNCIL MEETINGS ARE CABLECAST LIVE ON GOVERNMENT ACCESS CHANNEL 16
AND BROADCAST ON KZSU, 90.1 FM.
Special Meeting
October 15, 1996
The City Council of the City of Palo Alto met on this date in the
Council Conference Room at 6:04 p.m.
PRESENT:Andersen, Fazzino, Huber, Kniss, McCown (arrived at
6:35 p.m.), Rosenbaum, Wheeler
ABSENT: Schneider, Simitian
p~b!ic Art Commission
PRESENT:Brett, Broderick, Carleton,
(arrived at 6:15 p.m.), Wells
Levin, Meir-Levi
ABSENT: Wasserman
SPECIAL MEETINGS
Joint Meeting with Public Art Commission
no
C.
D.
E.
F.
Draft Guidelines for Developers - Request for Council
Approval of Guidelines for use in Planning Division
Report on California Avenue Project
Report on Forum
Activities with Downtown Improvement Design Team
Proposals for Projects Downtown
City Hall Plaza
ORAL COMMUNICATIONS
None
The meeting adjourned at 7:05 p.m.
Regular Meeting
October 15, 1996
The City Council of the City of Pa!o Alto met on this date in the
Council Chambers at 7:10 p.m.
ROLL CALL
PRESENT:Andersen, Fazzino, Huber, Kniss, McCown, Rosenbaum,
Simitian (arrived at 8:26 p.m.), Wheeler
ABSENT: Schneider
SPECIAL ORDERS OF THE DAY
i.Remarks by Stanford University President Gerhard Casper
iA.Acknowledgment of Four Awards to the City of Palo Alto from
3CMA, City-County Communications and Marketing Association
Mayor Wheeler announced that Palo Alto was the recipient of four
awards from 3CMA, City-County Communications and Marketing
Association. The winning entries were a Silver Circle Award for
the ~Buddy Up" Program, a Silver Circle Award for the "Right
Lights" Program, a Certificate of Excellence for the City of Palo
Alto Economic Resources Brochure, and a Certificate of Excellence
for "H20 TV."
ORAL COMMUNI,gATION$
T. J. Watt, homeless, spoke regarding parking lots.
Bill Peterson, 228 Fulton Avenue, spoke regarding representing Palo
A!to Civic League.
Edmund Power, 2254 Dartmouth Street, spoke regarding keeping the
faith.
Henrietta Burroughs, 795 Gailen Avenue, spoke regarding
Domestic/Workplace Violence Recommendations to Human Relations
Commission (HRC).
Michael Wollenweber, Menlo Park, spoke regarding toymakers and what
stood alone (solo).
2 ~0/15/~6
APPROV;hL QF MINISTE$ QF SEPTEMBER
MOTION: Council Member Kniss moved, seconded by Huber, to approve
the Minutes of September 9, 1996, as submitted.
MOTION PASSED 7-0, Schneider, Simitian absent.
CONSENT CALENDAR
MOTION: Council Member Andersen moved, seconded by Kniss, to
approve Consent Calendar Item Nos. 2-9.
Consultant Contract between the City of Palo Alto and PRA
Group for Landfill Environmental Monitoring and Consulting;
change orders not to exceed $5,990.
Public Review of Compliance re Development Agreement with Palo
Alto Medical Foundation
Public Review of Compliance re Development Agreement with
Stanford Management Company on 1050 Arastradero Road
5.Palo Alto Harbor Restoration
Cooperative Agreement between the City of Palo Alto and San
Francisco International Airport for Creation of Wetland
Habitat at Harbor Point
Ordinance 4576 entitled "Ordinance of the Council of the City
of Palo Alto Amending the Budget for the Fiscal Year 1996-97
to Allocate Revenue from the Airports Commission of the City
and County of San Francisco to be used for Marsh Restoration
at Harbor Point"
o Ordinan¢@ 4577 entitled "Ordinance of the Council of the City
of Palo Alto Amending the Budget for the Fiscal Year 1996-97
to Receive Outside Funds for the Capital Improvement Project
Art in Public Places, Number 18617"
Final Map re 321 Byron Street, 654-666 Everett Street, and 308
and 318 Middlefield Road
8.Final Map re 315-335 Everett Avenue/332-340 Bryant Court
3 10/15/96
9.City Council Comments to the Presiding Judge of the Superior
Court on the Santa Clara County Grand Jury Report Entitled,
~Review of the Implementation of the New Brown Act by Local
Government Agencies"
MOTION PASSED 7-0 for Item Nos. 2 and 4-9, Schneider, Simitian
absent.
MOTION PASSED ~6-0, for Item No. 3, McCown "not participating,"
Schneider, Simitian absent.
AGENDA CHANGES, ADDITIONS, AND DELETIONS
CLOSED SESSION
UNFINISHED BUSINESS
PUBLIC HEARINGS
REPORTS OF COMMITTEES AND COMMISSIONS
RESOLUTIONS
i0.Ordinance 4378 entitled ~Ordinance of the Council of the City
of Palo Alto Amending the Budget for the Fiscal Year 1996-97
to Create the Shasta Rewind Project Reserve in the Electric
Fund"
MOTION: Council Member Rosenbaum moved, seconded by Huber, to adopt
the Ordinance.
MOTION PASSED 7-0, Schneider, Schneider absent.
II.Ordinance ist Reading entitled ~Ordinance of the Council of
the City of Palo Alto Adding Chapter 16.50 of the Palo Alto
Municipal Code to Establish Interim Regulations Governing
Historic Designation and Demolition of Residential Structures
Built Before 1940 and Review of the Design Quality and
Neighborhood compatibility of Replacement Structures"~
RECESS: 9:1.9 P,M. 9:$0 P.M.
4 i01151 6
MOTION: Vice Mayor Huber moved, seconded by Kniss, to I) introduce
the Ordinance as modified to include the six items on pages 4 and
5 of CMR:436:96; and direct the staff to return the Ordinance to
Council for a public hearing in conjunction with the second reading.
of the Ordinance on October 28, 1996; 2) direct the staff to return
with a Resolution and Standards on October 28, 1996, with respect
to the regulations and outline contained in the Compatibility
Review Standards; 3) direct staff to return with a Resolution and
Standards on October 28, 1996, with respect to the Standards for
Historic Designation; 4) direct staff to return with a Budget
Amendment Ordinance and Fee Schedule for cost recovery to implement
the interim regulations; 5) direct staff to return with an analysis
of staff and management impacts associated with new Work Program
assignments at the earliest possible date; and 6) direct staff to~-----
return on the earliest possible agenda with a Budget Amendment
Ordinance to compensate $5,000 to the Comprehensive Plan Publishing
Contractm, an indirect cost of the urgency moratorium.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND
SECONDER to direct staff to redraft Section 3 of the ordinance
dealing with the designation moratorium so that it includes only
pre-1940 structures which have commenced the process.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND
SECONDER to direct the staff to return to the City Council with
alternative fee structure approaches up to and including full cost
recovery.
MOTION PASSED 8-0, Schneider absent.
12.
MOTION: Council Member Fazzino moved, seconded by Kniss, to adopt
the Urgency Ordinance (Version B).
SUBSTITUTE MOTION TO CONTINUE: Council Member Fazzino moved,
seconded by Andersen, to continue the item to the October 21, 1996,
City Counci! Meeting.
SUBSTITUTE MOTION TO CONTINUE PASSED 7-1, Kniss "no," Schneider
absent.
5 I0/15/96
REPORTS OF OFFICIALS
IB.Award of Option to Lease between the City of Palo Alto and R
& T Restaurant Corporation for the Municipal Golf Course
Restaurant located at 1875 Embarcadero Road
MOTION: Council Member Rosenbaum moved, seconded by Fazzino, to
authorize the Mayor to execute the option to lease between the City
of Palo Alto and R & T Restaurant Corporation for the Golf Course
Restaurant operation and improvement.
MOTION PASSED 7-0, Kniss, Schneider absent.
COUNCIL MATTERS
14.Mayor Wheeler and Council Member Andersen re Council
Resolution Opposing Proposition 218 re Voter Approval for
Local Government Taxes
MOTION: Mayor Wheeler moved, seconded by Andersen, to adopt the
Resolution.
Resolution 7625 entitled "Resolution of the Council of the
City of Palo Alto Expressing Opposition to Proposition 218,
Voter Approval for Local Government Taxes"
MOTION PASSED 7-0, Kniss, Schneider absent.
15. Council Comments, Questions, and Announcements
None.
The meeting adjourned at ii:I0 p.m.
OO00;
AMENDMENT NO. i TO AGREEMENT NO.
BETWEEN THE CITY OP PALO ALTO AND
BARRY J o M~LLE~
This Amendment No.1 to A~resmen~ No.
("Agreement") is entered into , 1996, by and between the
C.~TY OF PALO ALTO, a chartered city and a municipal corporation of
the S~a~e of California ("CrTY~), and BARKY J. MILLER (Teuxp~yer
Identification Nim~er 044-62-8601) , with office~ aT 817 Alvarado
Road, Berkeley, CA £470S ("CONqqq4kCTOR") .
WHEREAS, the Agreement was entered into between the
parties for the provision o£ editins and desk-~op pttblishins
services with respect to ~he update of C~TY’s Comprehensive Plan;
and
WHEREAS, the parties wish ~o amend ~he Agreement to
revise the scope of work and increase ~he total compensation
allowed under the Asreement by $£,000, ~c a to~al m~imu~n
compensation cf $30,000;
NOW, THEg_E?0R~, in consideration of the covenants, te.-TnS,
conditions, and provisions o~ ~his Amendment, the parties agree:
~. Section 4 of the A~reemenr is hereby amended
to read as follow~:
"For the full perform~na~ of theservices
d~scrlbed herein by C0NTRACTOK, C!TY shall pay
CONTRACT0~ a ~ota! S~ not to exceed ~hirty
thous=nd dollars ($30,000), and any progress
payments wi!l be paid wi~hln ~hi~ty (30) days
of submission by CONTRACTOR ~f i~s monthly
itemize~ billin~s, in ~ripllca~e, in
accordance with uhe at~achud Project Bud~,
ma~ked "Exhibiu "B" a~d inc~.~p~rat~d her~in by
this reference."
SECTION 2.EyJniDit A ~o ~h~ Agreement (Sc~pe of
S%-~vlc~s) is h~eby ammnded by adding the following senBence in ~e
description of Task #5:
"Consultant shall serve as liaison Lo Adobe
Technical Support to resolve issue~ concerninsPostscript, ~ont~, mnd printer
£ECTTON_.....~. Exhibit A to ~he Agreement (Scop~ of
Services) iu hereL.y further amend~d by =ddin~ a new Task #13 no
fo~!ow~:
"TASK Wl3 - Consultant team to work with
CITY professional and clerical 8~a£f in
upgradin~ ~raphics, convertins document to
Pa.uemaker ~. 0 ~ormat, foznmatLin9 and provision
o~ graphics for Zmpl emendation Chapter,
placement of Fi~uze numbers and preparation o~
a Table of Fisures."
~T~~.Exh£bit B to the A~re~menL
Budget) i8 hereby ~ended
(ProjecL
i. £evisin~ ~he budget for Task 5 to increase person-
days ~or subcontractor Julian& ~enningtuz~ by an additional 2.5
days, fo£ an additional amount of
2. Addin~ a budget line i~e~r. £o~ new Task &3, allowln~
up to !~ person-~ays £or Ju~an~ ~enning~on, Zor an additional
amount of $4,000, and
3. Increasin~ the tc~al maximum budgeted amount for
labor cost by $5,000.
SECTION 5. Except as herein modified, all o~her
O£ the A~ree, ment, including any ~_xi~ibiLs and subseq~enc
thereto, shall remain in full force and
IN WITNESS W~EREOF, ~he parties have by their duly
&u#ho~ized representatives executed ~his Amendment on the
firs~ above written.
ATteST C!TY OF PAL0 ALTO
CiZy Clark Mayor
APPROVED AS TO POP.M:
City
APPROVED
BARRY J. MXLLER
T~ayer !.D. No. 064-62-860~
Director o~ Plannin£ and
Con~unity Environmqn~
Deputy City MaD~9er,
~..inistraUive Services
FROM : BARRY J MILLER
ent by: JetFa~ ~;,=
PHONE NO. : 5!9 845 248z ~
!0,,’22!~ 5:47P~;Jettax ....,, ~ ....
CERTIFICATE OF AC~NOWLEDGMEN~
(Civil Code
))
~o~ary^ public in . and =.or said County, personally apDeared"7, ..,per~on~ily* ~o~ Uo me (or prov~ to me on the basis o~
satisfactory evlde~ce) tO be the person(s) whose ~e(s) is/are
s~scrlbed ~o the within inst~mt, ~d ackn~ledged to me ~hat
he/she/the~ e~cuted the ~e in his/her/the£= ~uthori=ed
capacity(iss) , an~ that by him/h~r/their signatur~ (s) on th~
instr~nt the person(s), or the en~ity upon 5~I£ ~ which the
person(s) ac~d, executed ~he inst~ent.
W!TNEES my hand and o~ficial seal.
Comm. # 1086894 Notary Public