HomeMy WebLinkAboutStaff Report 190-06City of Palo Alto
City Manager’s Report
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY 5IANAGER DEPARTMENT: PLANNTNG
APRIL 10, 2006 CMR:190:06
APPROVAL OF AMENDMENT NO. 1 TO CONTRACT C3152808 WITH
VAN M~ETER WILLIAMS POLLACK IN THE AMOUNT OF $44,700,
FOR A TOTAL CONTRACT AMOUNT OF$117,345, FOR URBAN
DESIGN CONSULTING FOR THE ZONINGO~INANCE UPDATE,
AND AMENDMENT NO. 2 TO CONTRACTS05108629 WITH MHA
ENVIRONmeNTAL CONSULTING, INC. IN THE AMOUNT OF $46,875,
FOR A TOTAL CONTRACT AMOUNT OF $185,875, FOR URBAN
PLANNING CONSULTING
RECOMMENT) ATION
Staff recommends that Council approve and authorize the City Manager or his designee to
execute Amendment No. 1 to Contract C3152808 with Van Meter Williams Pollack (VMWP) in
the amount of $44,700 and Amendment No. 2 to Contract S05108629 with MHA Environmental
Consulting in the amount of $46,875 for consulting services related to the Zoning Ordinance
Update (ZOU).
BACKGROUND
In June 2000, Curtis Williams, currently of MILk Environmental Consulting, was engaged to
assist staff in developing the work plan for the ZOU. Mr. Williams was subsequently selected as
the contract planner to assist staff with implementation of the work plan under two subsequent
agreements, effective August 2001 and March 2002. Responsibilities include coordinating
public outreach, technical research, collaborating with staff on reports to Council on project
status, and updating the work plan.
Curtis Williams was initially under contract in 2000 to assist in developing the work progam for
the ZOU. During that period the staff and Planning and Transportation Commission were
considering two approaches to the update. The first was to hire an outside firm to prepare the
entire zoning ordinance for City review. The second approach was to prepare the zoning
ordinance in-house with staff and contract planners. After it was decided that the second
approach was best because it utilized the experience and knowledge of in-house and local
contract planners, Mr. Williams was retained as the contract planner. His level of experience as a
former planning director in Bay Area cities, including Los Altos and Woodside, and his work
CMR:190:06 Page 1 of 3
with other cities as a contract planner updating sections of their zoning ordinances were reasons
for his selection as the contract planner. Mr. Williams also has a local office and he was able to
commit to the work program over the long term needed to complete the ZOU.
In June 2002, the Department of Planning and Community Environment selected VMWP to
assist staff with the urban design component of the ZOU. The consultant’s role, in cooperation
with another firm, Urbsworks, was to advise the City on improving and expanding its zoning
standards, and transforming them into a form-based code. In the first phase of the project, the
two firms worked with the ZOU team to analyze existing zoning standards, conduct focus
groups, and develop a work progam and timeline to complete the ordinance changes. The
second phase of the project began in May of 2003, with the consultants providing urban design
and planning support to the ZOU team as the}, developed ordinance changes for public review.
Over the past three years, VMWP has provided substantial input to desig-n of the ZOU,
especially with regard to developing prototypes and standards for multi-family, mixed use,
village residential, and pedestrian-transit oriented development uses. This work has included an
extensive number of meetings and multiple revisions of designs, to an extent that was not
anticipated in the original scope and budget. Specifically, the oriNnal scope and budget projected
a need for VMWP attendance at 27 public meetings, whereas the firm has actually now attended
34 public meetings. Likewise, VMWP was expected to prepare a total of 22 development
prototypes, whereas a total of 26 have been prepared. Staff believes that a!l other tasks specified
in the original scope and budget have been substantially completed, with the exception of the
final design diagams.
The firm’s products and presentations have been well-received by the community, other desig-n
professionals, the Architectural Review Board (ARB), and the Planning and Transportation
Commission. VMWP also prepared the City’s E1 Camino Design Guidelines prior to its work on
the ZOU, and those guidelines were accepted and are currently used by the ARB when
reviewing projects on E1 Camino Real. The City has also used VMV, TP to analyze the viability of
prototype designs on specific project sites, such as the Stanford Research Park residential parcels
(part of the Mayfield agreement), Fry’s, and the Palo Alto portion of the Mayfield Mall site.
DISCUSSION
Staff anticipates a continued high level of public scrutiny due to the sensitivity of upcoming
zoning ordinance sections. As issues arise, additional analysis and punic outreach will be
required, particularly as the new land use types move through the review process. Urban design
studies will be an important part of any issue analysis, and illustrations will help communicate
the intent of proposed ordinance changes and give the City Council and its advisory Boards and
Commissions the information they need to act. The VMWP amendment provides for additional
meeting attendance, support for zoning code issue analysis, and an increase in contract
contingency for unanticipated tasks. The remainder of the VMWP amendment is for dia~ams to
enable staff to complete the form-based code for Council adoption. ~llustrations are an inte~al
part of a form-based code, and will help applicants and staff understand and apply the new
zoning regulations, once adopted. The amendment for MHA provides for continuing contract
planning work by Curtis Williams. Due to recent staff turnover on the ZOU team, demands for
his contract planning services have increased.
CMR:190:06 Page 2 of 3
These contract amendments will enable staff to continue to use VMWP’s urban design expertise
and Curtis William’s contract planning expertise as the Zoning Ordinance Update proceeds to
completion. The Pedestrian and Transit-Oriented Development and Village Residential zones, as
well as the Zoning Code Performance Standards, are scheduled for completion in Summer of
2006. In the Fall and Winter, staff will complete revisions to the Mixed Use, Multiple Family,
Planned Community, and Commercial districts, as well as the Parking section. Remaining
miscellaneous sections and code cleanup will be completed by Spring of 2007. This schedule
assumes one Community Meetin~lanning Commission study session, one Planning
Commission meeting and one Council meeting for each code section. Any additional meetings
would prevent staff from meeting these timelines.
RESOURCE IMPACT
This amendment will bring the total contract amount for VMWP to $117,345, and for ~,
$185,875. The increased contract expense will be paid from the 2005-06 Department of
Planning and Community Environment contract budget, and does not require a Budget
Amendment Ordinance.
POLICY IMPLICATIONS
This request does not represent a change in existing city policy.
ENVIRONMENTAL REVIEW
This ageement does not constitute a project under the California Environmental Quality Act
(CEQA), and therefore, no environmental assessment is required.
ATTACHMENTS
Attachment A: Amendment #1 to Contract C3152808 (Van Meter Williams Pollack)
Attachment B: Amendment #2 to Contract S05108629 (MHA Environmental)
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
/STEVE ;LIE
Director of Planning and Community Environment
EMR)Y HARRISON
Assistant City Manager
CMR: 190:06 Page 3 of 3
ATTACHMENT A
AMENDMENT NO. I TO AGREE!~ENT NO. C3152808
BETWEEN THE CITY OF PA%O ALTO
Van Meter Willie_ms Pollack
This ~mendment No. ! to Agreement No. C3152808
"Agreement") is entered into Apri! 12, 2006, by and between the
CITY OF PALO ALTO ("CITY"), and Van Meter Williams Pollack, LLP,
located at 18 DeBoom Street, First F!oor, San Francisco, CA 94107
~O~T~_C_OR )
RE C I T AL S:
WHEREAS, the Agreement was entered into between the
parties for the provision of (Services),re!ating to Phase ii of the
Zoning Ordinance Update and the preparation and delivery of the one
or more sets of documents, drawings, maps, plans designs, data,
calculations, surveys, specifications, schedules or other writings,
as more fully described in Exhibit A of the Agreement; and
WHEREAS, the parties wish to amend the Agreement;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this P:mendment, the parties agree:
I. SECTION I. The section entitled "TERM", paragraph
_.q!, first two sentences, are hereby amended to read as ~o±!ows: = ~
i.!. This Contract will commence on the date of its
execution by CITY. Upon the receipt of CITY’s notice to
proceed, CONSULTANT wil! commence work on the initial and
subsequent Project Tasks in accordance with the time
schedules and task listings set forth in Exhibit A and
Exhibit A-I,Amendment 1 Scope of Services.
~endment i, 3/27/06
i
II. SECTION 5 The section entitled
A)Paramramh~ ~ 5._.:,~ ~-{i<<t_- sentence, is h~remv= ~ _ amended, to
read as follows-
In consideration of the fu]~__ :mer{o<ma<,ce_ - ¯ .. of the Basic_
Services, including any authorized reimbursable expenses,
CITY wil! pay CONSULTANT a fee not to exceed one hundred
six thousand four h~..d_~~n <-~ twenty two and 50/100 Dollars
($i06,~22 50) calculated in -~-n =the-¯,~cc~=.:c~ with task
rate schedule as set forth in=xnlml~ "~"_. and _~i~ E;hibit ....
"A-!", on a per task basis, up to the maximum amount set
forth in <his Section.
B) Paramramh 5 ] 9, first two sentences, are
amended, to ?==_ as fo!lows:
Tn consideration of the ~,~ performance of ~ ~:=
Services, including any authorized reim~ursab!e expenses,
CITY will pay CONSULTANT a sum not to exceed ten thousand
nine hundred Dollars ($10,900). The amount of
CONSULT;NT’s compensation for ~ ...." ~ =?--~ -wii~ be...... _~;QQmLLo~a± S~v=C~S
calculated in accordance with the hourly rate -H~
set £o<th in ExHibit "B" ’, up Eo une maximum amount set
forth in this Section.
C. Paragraph 5.1.4 is hereby added and shall read as
follows:
The revised maximum not to exceed amount of this
Agreement is one hundred seventeen thousand three hundred
.~-mencLment I, 3/27/06
2
twenty two Dollars ($117,322.00).
III. EXHIBIT A-I, AMENDMENT 1 SCOPE OF SERVICES, is
hereby attached and made a part of this Agreement, incorporated in
full by this reference
Except as herein modified, all other provisions of the
Agreement ~ nc] ud~ ng any ~xn~s~_<s and subsequent =mend ent
thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by ~i:~duly
authorized representatives executed this ~_mendment on the@a~ ~e
first above written.
APPROVED AS TO FORM:CITY OF PALO ALTO
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
[CONSULTANT FIRM]
Director of Administrative
Services
By:
Name:
Title:
By:
Name~
Title:
Taxpayer identification No.
insurance Review
~_mendment !, 3/27/06
(Compliance with Corp. Code 9 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
in the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
3
CERTIFICATE OF ACKNOW-LEDGbZENT
(,Civil Code 9 1189)
STATE OF
COUNTY OF
On
notary pu~.l!c in and ~or
, before me, the undersigned, a
said County, personally appeared
personally known to me (or proved to me on the basis
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to u~e within :~nsurum=nt, and acknowledged to me that
he/she/they executed the same in his!h~r/the~r - i~ ~
capacity(ies), and that by his/her/their signature(s) on the
........~nstrument the.person(s),- .. or the enu=uy~:~ upon_ behalf o~’- w.~:-h~ch the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature_ of Notary_
~me n c~me n t ~ 3/27/06
5
Attachment B
AMENDMENT NO. TWO TO CONTRACT
NO. S05108629
BETWEEN THE CITY OF PALO ALTO AND
MHA ENVIRONMENTAL CONSULTING, INC.
This ~_me n 6me nt No. Two to Contract No. S05108629
("CONTP~ACT") is entered into April 12, 2006, by and between the
CITY OF PALO ALTO ("CITY") and ~ ENVIRONMENTAL CONSULTING, INC.,
a California Corporation located at 4 West Fourth Avenue, Suite
303, San Mateo, CA 94402 ("CONTP~ACTOR").
R E C i T A L S:
WHEREAS, the CONTRACT was entered into between the
parties for the provision of contract planning services specific to
the City’s Zoning Ordinance Update; and
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this ~mendment, the parties agree:
SECTION I. TEP4M/SCOPE OF SERVICES. The section entitled
"TERM/SCOPE OF SERVICES" is hereby amended to extend the Term of
this Agreement to June 30, 2007.
SECTION 4. COMPENSATION;
"4.1 in consideration of the Services performed by
CONTRACTOR under Exhibit A and A-!, CiTY wil! pay CONTRACTOR the
sum of One Hundred Twenty-five Dollars ($125.00) per hour. CITY
will pay CONTRACTOR within thirty (30) days of submission by
CONTPS.CTOR of its itemized billings, in triplicate; provided,
however, the total sum payable to CONTRACTOR hereunder will not
exceed one hundred eighty-five thousand eight hundred seventy five
Do!lars ($185,875)."
Except as herein modified, all other provisions of the
CONTRACT, including any exhibits and subsequent amen6ments thereto,
shall remain in ful! force and effect.
IN WITNESS WHEREOF, the parties have by their duly
authorized representatives executed this ~_mendment on the date
first above written.
APPROVED AS TO FORH:
Senior Asst. City Attorney
APPROVED:
Director of Administrative
Services
insurance Review
CITY OF PALO ALTO
Assistant City Manager
[CONSULTANT FIRM]
,By:
Name :
_, "_, ~!e :
By:
Name :
Title:
Taxpayer identification No.
{Compliance with Corp. Code 9 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
in the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)