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Home My WebLink About2013-12-02 City Council Agenda PacketCITY OF PALO ALTO CITY COUNCIL Special Meeting Council Conference Room December 2, 2013 6:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday preceding the meeting. 1 December 2, 2013 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. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. 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 up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Closed Session 6:00-6:45 PM Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1. Conference with Legal Counsel Government Code Section 54956.9 (b), (c) Potential Litigation: Construction of the Mitchell Park Library and Community Center Study Session 6:45-7:45 PM 2. Potential List of Topics for the Joint Meeting with the Parks and Recreation Commission and City Council 2 December 2, 2013 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. COUNCIL CHAMBERS Special Orders of the Day 7:45-7:50 PM 3. Selection of Candidates to be Interviewed for the Storm Drain Oversight Committee for Three Terms Ending on October 31, 2018 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. City Manager Comments 7:50-8:00 PM Council Member Questions, Comments and Announcements 8:00-8:10 PM Members of the public may not speak to the item(s) Oral Communications 8:10-8:25 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval 8:25-8:30 PM October 21, 2013 October 28, 2013 Consent Calendar 8:30-8:35 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 4. Approval of Amendment Number 1 to Contract No. C13148737 with Advanced Design Consultants, Inc. in the Amount of $85,886 for a Total Not-to-Exceed Amount of $320,755 for Design of Fire/Life Safety and Sprinklers for the Lucie Stern Community Theatre and Community Center as Part of the Lucie Stern Buildings Mechanical / Electrical Upgrades Project PE-14015 5. Approval of Continuation of Council Consideration of an Appeal of the Director of Planning and Community Environment’s Architectural Review Approval of a New Mixed-use Development at 636 Waverley Street, a Parcel in the CD-C(P) Zone. The Proposed Four-Story 10,278 Sq. Ft. Building Includes 4,800 Sq. Ft. Of Commercial Uses On The First And Second Floors And Two Residential Units On The Third And 3 December 2, 2013 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. Fourth Floors. The Project Provides 20 Parking Spaces In A Below Grade Garage. Environmental Assessment: Exempt From The Provisions Of The California Environmental Quality Act (CEQA) Per Section 15303 For 636 Waverley Street (STAFF REQUESTS THIS ITEM BE CONTINUED TO DECEMBER 16, 2013) 6. Approval of Amendment Number 2 to the Agreement with Waste Management of California, Inc. That Will Reduce the City's Annual "Put or Pay" Tonnage Commitments Through 2021 and Modify Other Terms and Conditions of the Disposal Agreement 7. Second Reading: Adoption of an Ordinance to Add Chapter 16.61 to the Municipal Code to Establish a Public Art Program for Private Development (First Reading, November 12, 2013 PASSED: 8-0 Burt absent) 8. Endorsement of the City's Participation in the Georgetown University Energy Prize Competition and Submittal of the City's Letter of Intent to Compete 9. Adoption of Resolution Declaring Results of the Consolidated Special Municipal Election Held on November 5, 2013 Study Session 8:35-11:00 PM Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 10. Initiating a Community Conversation on the Future of the City Including the Comprehensive Plan, Planned Community Zoning, Parking and Traffic Strategies and Related Matters Adjournment AMERICANS WITH DISABILITY ACT (ADA) 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. PUBLIC COMMENT Members of the Public are entitled to directly address the City Council/Committee concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council/Committee on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council/Committee, but it is very helpful. 4 December 2, 2013 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. Additional Information Standing Committee Meetings Finance Committee Meeting December 3, 2013 Rail Committee Meeting December 5, 2013 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report City of Palo Alto’s Energy Risk Management Report for the Fourth Quarter of Fiscal Year 2013 Boards and Commissions Term End Dates for 2014 (Maddy Act) Public Letters to Council Set 1 City of Palo Alto (ID # 4305) City Council Staff Report Report Type: Study Session Meeting Date: 12/2/2013 City of Palo Alto Page 1 Summary Title: Study Session - Parks and Recreation Commission and Council Title: Potential List of Topics for the Joint Meeting with the Parks and Recreation Commission and City Council From: City Manager Lead Department: Community Services See attached agenda Attachments:  Council Study Session - December 2 2013 (DOC)  PARC Memo - Council Study Session 12-2013 v2 (PDF) ADA. The City of Palo Alto does not discriminate against individuals with disabilities. To request accommodations, auxiliary aids or services to access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org This agenda is posted in accordance with government code section 54954.2(a) or section 54956. Members of the public are welcome to attend this public meeting. AGENDA IS POSTED IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54954.2(a) OR SECTION 54956 CITY COUNCIL AND PARKS AND RECREATION COMMISSION STUDY SESSION MEETING DECEMBER 2, 2013 AGENDA City Hall Council Conference Room 5:30PM Meeting 250 Hamilton Ave I. ROLL CALL II. AGENDA CHANGES, REQUESTS, DELETIONS III. ORAL COMMUNICATIONS Members of the public may address the Commission on any subject not on the agenda. A reasonable time restriction may be imposed at the discretion of the Chair. The Commission reserves the right to limit oral communications period to15 minutes. IV. BUSINESS Below are the potential topics of discussion for the joint study session with the Parks and Recreation Commission scheduled for December 2, 2013 at 5:30PM: 1. Parks and Recreation Master Plan 2. Baylands Athletic Center - 10.5 acres 3. Shared-use of athletics fields for dog parks 4. Golf Course parking lot/entrance/clubhouse 5. Other items ___________________________ _____________________ Rob de Geus PAM ANTIL Division Manager, Recreation Services Assistant City Manager 1 To: City Council From: Parks and Recreation Commission Date: December 2, 2013 Subject: Sampling of recent Parks and Recreation Commission Work The purpose of the Parks and Recreation Commission (PARC) is to advise the City Council on matters pertaining to the activities of the Open Space, Parks and Golf Division and the Recreation Division of the Community Services Department. The Commission's responsibilities include:  Advising on planning and policy matters relating to the goals of and the services provided by the two Divisions;  Advising on planning and policy matters relating to the construction and renovation of capital facilities;  Reviewing state legislative proposals that may affect the operation of the two Divisions; and  Receiving community input concerning parks, open space and recreation activities. The Parks and Recreation Commission has a wide range of interests and works closely with CSD staff to improve the Parks and Open Space systems, to create better connectivity of trails, to enhance the health and wellbeing of residents, to enrich people’s lives through recreation programs and services and to help develop responsible long range plans for the highest and best use of parks and recreation amenities. Below is a sampling of topics the PARC has worked on this past year: 1. Field Use Policy – The PARC worked closely with staff and sports organization to improve the Fields and Tennis Court Use Policy resulting in more efficient use of athletic field space - see Attachment A for a summary of policy changes approved by Council. Parks and Recreation Commission MEMORANDUM 2 2. Cubberley Community Center. The PARC actively participated in the Cubberley Community Advisory Committee and advised Council with the memo - see Attachment B. 3. Parks and Recreation Master Plan – The PARC worked with staff to develop the scope of services and participated in the interviews and selection process of a consultant. 4. Golf Course Reconfiguration Project – The PARC has been closely involved with Golf Course reconfiguration project for the past two years - see Attachment C. The PARC is currently working with staff to help define an acceptable tree mitigation plan for the Golf Course. 5. Rinconada Park Long Range Plan – The PARC held numerous meetings to review and provide advice on the Rinconada Park Long Range Plan that will be before Council for approval in early 2014. 6. Smoking in Public Parks – The PARC provided advice to Council on banning smoking in Palo Alto parks. 7. Feeding Wildlife – The PARC recommend that Council amend Municipal Code to prohibit the feeding of wildlife and feral animals at Palo Alto’s Parks and Open Space areas. 8. Cost of Services Study – The PARC reviewed the Cost of Services Study and remains very interested in the topic and how parks, open space, golf and recreation services may be impacted. 9. Parks and Landscape design – The PARC regularly reviews and provides input on park and landscape design, in 2013 this included Scott Park, El Camino Park, Eleanor Pardee Park and the Regional Water Quality Control Plant (RWQCP) Landscaping Project. 10. Magical Bridge Playground - The PARC has been steadfast supporters and advocates for the Magical Bridge Play Ground. 11. Community Health and Wellness – The PARC has an ongoing interest in health and wellness and is an active member of the Project Safety Net Community Collation. Attachments: Attachment A: PARC Memo to Council regarding Cubberley Community Center Attachment B: Summary of adopted changes to the Athletic Field and Tennis Court Use Policy Attachment C: PARC Memo to Council regarding the Golf Course 3 ATTACHMENT A Summary of Changes to the Palo Alto Athletic Fields and Tennis Court use Policy Approved by Council - June 17, 2013 Policy Section Previous Policy Revised Policy Eligibility The previous policy gave priority to sports organizations that do not have a “try out” process. These organizations are called non-select leagues. The new policy removes exclusive priority for non-select leagues in favor of youth organizations with 51% or more residents and adult organizations with 35% or more, residents. Fields are now allocated based on the number of residents served in each respective organization. A round robin selection process is used to distribute fields as defined in the Field and Tennis Court Use Guidelines that accompanies the policy. The revised policy allows youth organizations with 51% or more residents and adult organizations with 35% or more residents to discuss and negotiate a field allocation agreement with City staff facilitating in advance of a round robin process. If an agreement cannot be reached the round robin brokering process will be used. Cancellations Previous policy stated all cancelations must be made two weeks after the start of the permit. Previous practice allowed cancellations any time with no penalty. Cancellations for weekday use fields better defined: 1. 1. Before the start of the permit - full refund.) 2. 2. After the start of the permit by the 7th of each month - 50% refund. 3. 3. After the 7th of each month - no refund Cancellations for weekend fields:  1. Up to three weeks after the publication of the leagues game schedule – full refund  2. After three weeks of the publication of the leagues game schedule, and by the 7th of each month 4 - 50% refund.  3. After the 7th of the each month - no refund. Practice and Game slots Previous policy did not define practice or game field slots Practice slots are defined - for youth soccer 1.5 hours, 4-5:30pm, 5:30-7pm, with additional slots of 7-8:30pm and 8:30-10pm on fields with lights. Game slots are defined - for youth soccer 1.5 hours on small fields and 2 hours on 11 versus 11 (large fields). Field Allocations Previous policy did not allocate fields by age of user and size of fields. Fields are divided into three categories; Small fields = 7 versus 7 or younger Medium fields = 8 versus 8 and 10 versus 10 Large Fields = 11 versus 11 Fields will be allocated to organizations based on the age of participants and the appropriate size of fields. Field Allocation (daylight savings) Previous policy did not consider the loss of day light in fall due to daylight savings. Organizations are responsible for reserving sufficient 4pm field slots to accommodate the daylight savings time change. Tournaments Field brokering for tournaments was not addressed in previous policy. Organizations with 51% or more residents can reserve fields for one tournament in a calendar year. Adult Play Previous policy gave adults “some fields” on Sundays from 8-1:15pm, and set aside 8:30pm-10pm on Stanford Palo Alto Community Fields on Tuesday and Thursday and 7pm-10pm on Monday, Wednesday and Friday. Revised policy specifies field locations and reduces one weekday evening field slot i.e. 7-8:30pm:  Stanford Palo Alto Community Fields are reserved for adult play 8:30pm- 10pm on Monday, Tuesday, and Thursday and 7pm-10pm on Wednesday and Friday.  Adult play will also be permitted Sundays from 8am-12:30pm on Terman 1 and 2, JLS 1, 2 and 3 and Stanford Palo Alto Community Fields North and South. 5 ATTACHMENT B To: Palo Alto City Council From: Palo Alto Parks and Recreation Commission Date: April 23, 2013 Subject: PARC Response to Report of the Cubberley Community Advisory Committee ________________________________________________________________________ The Parks and Recreation Commission fully supports the recommendations of the Cubberley Community Advisory Committee (CCAC). We specifically want to emphasize the importance of the following recommendations from the CCAC Final Report (letter headings refer to the CCAC Report, Volume 1, starting on page 11): A. “It is the strong recommendation of the CCAC that the entire Cubberley site become a joint/shared City/School District use facility.” Community services make a vital contribution to the quality of life for all ages in Palo Alto. These services bring the community together and provide ways for our youth to build developmental assets, for families to have quality childcare and early education, and for all residents to pursue opportunities for life-long learning and recreation for health and well-being. The co-location of school and community services on Cubberley’s large and easily accessible site offers a unique opportunity to coordinate facility design and programming to accommodate a combination of joint and shared use of the site1. Such an outcome promises not only to maximize use of this valued public resource, but also to realize an unprecedented integration of services for Palo Alto’s community. We urge you to pursue this strategy. C. “The current Covenant Not To Develop should be removed from a Cubberley lease extension.” We agree that the Covenant Not to Develop should be eliminated from the lease. The CCAC left it to lease negotiators to determine whether the funds associated with the existing Covenant Not to Develop would continue to flow to the School District in some way. While the School District relies on revenue from the Covenant in their annual budget, the City also faces substantial demands on those General Fund resources. Both agencies and the Palo Alto community also share a significant interest in a positive future for Cubberley. In light of the magnitude of the endeavor of comprehensive planning for shared use of Cubberley, we recommend that the City and the School District consider the option of using those "Covenant" dollars to support the steps 1 Joint use is use of the same structure/facility by both sets of users (either time separated, i.e., classrooms used by school during the day, and by community after school, or concurrent, i.e. food service facilities available for both school and community use throughout the day). Shared use refers to use that may include joint use elements, but also simply co-location of separate facilities on the same site. 6 necessary to realize the vision of integrated school/community use of the site (including funding of such things as needs assessment, planning, design and development.) I. “In the first five years of any lease extension, there should be a Community Needs Assessment developed with professional support.” We strongly support investment in a comprehensive community needs assessment with specific direction to look at city-wide public resources, including school sites, recreation facilities (i.e., fields and gyms), and community centers, with an eye toward geographic distribution suited to needs, accessibility by walking, bicycling and transit and joint use opportunities. We know that community services are supported in both City and School facilities, but there is little, if any, coordination between the two and a dearth of usable data about what is provided where, to whom, and at what cost, and whether or how such programming serves the needs of the community. We advocated for a Long-Range Master Plan for Parks and Recreation because we believe that parks and recreation improvements should not be considered in an ad hoc, reactive way. Instead, investments should be prioritized based on a more holistic view of community needs and resources. Using dog parks as an example, the community might be served better if we understood the type and size of facility and the geographic area(s) of greatest need and likely to get the most use, and then sought the best arrangement to accommodate it - instead of trying to squeeze any dog park into whatever space we can find. Similarly, thoughtful programming for a large site like Cubberley should take into account an understanding of community needs and public resources throughout the city and how best to integrate that facility into the network of publicly supported services. While the scope of the Long-Range Master Plan for Parks and Recreation is necessarily limited by the budget allotted, it will provide an important first step toward understanding our current park and recreation needs and resources. What it will not do is evaluate the supply and demand for the full range of publicly supported community services in Palo Alto or forecast the future needs of our growing and changing population. A city-wide, comprehensive needs assessment will fill in those gaps and help both the School District and the City to plan for appropriate programming and flexible new spaces and to make informed decisions about whether to make long term investments in the preservation of specific Cubberley facilities. K. “The City and the School District shall explore the possibility of expanding City/School District joint-use agreement models including the expansion of joint-use at City and School District facilities.” Given our growing population and shrinking opportunities to expand facility resources, the need to maximize use of our existing facilities will only increase. With the information to be gleaned from a comprehensive city-wide needs assessment, the City and School District will be in a good position to identify compatibilities in facility needs and to coordinate and prioritize facility use, both School- and City-owned. This course should be pursued not only at Cubberley, but at all publicly funded facilities. Under the current model, both the City and individual school sites program their facilities with little consideration of the services provided by the other – and based on different guidelines and fee scales. Programming all public spaces in a more coordinated way would provide a greater 7 variety of services to more residents, bring rental fees into balance (based on size, type and quality of facility rather than who the landlord is), ensure that public spaces serve the local community, and exploit opportunities for cost efficiencies through cooperative maintenance and/or operations. Expansion of existing joint-use agreements (e.g., the field use agreement) and development of new joint-use models will lay the critical groundwork to support the current and growing needs of our community. Q. “The City should not relinquish ownership of its 8 acres.” As noted above, meeting the needs of our growing and changing local population will require more community facilities, not less. As such, we strongly support retaining City ownership of 8 acres at Cubberley, as it ensures that both the City and the School District have a vested interest in cooperative development of the site while also safeguarding flexibility to address changing needs in the future. Of Special Concern to the PARC: Athletic Facilities – The CCAC report highlights the potential for a severe impact on availability of fields and gyms for community use if the School District plans a high school with a full athletic program. We are aware that many Council members hope to soften that impact through development of additional field and/or gym space at the Baylands Athletic Center (BAC) complex. However, we think it bears emphasis that the BAC is far from an ideal location, particularly for youth sports, due to its remote location, separated from the community by high traffic corridors and dangerous and limited bicycle and pedestrian connections. As a result, we would anticipate primary access by automobile, contributing to increased traffic congestion and parking demand. We encourage you to work closely with the School District to consider other options either in addition to, or instead of the BAC, to meet community needs for field/gym space, giving safe and easy access primary consideration. 8 ATTACHMENT C To: City Council From: Parks and Recreation Commission Date: April 16, 2012 Title: Palo Alto Golf Course Re-configuration Resulting From the San Francisquito Flood Control Project On March 27th, 2012 the Palo Alto Parks and Recreation Commission (PAPRC) endorsed option G for the renovation of the Palo Alto Municipal Golf Course (Golf Course) in conjunction with the San Francisquito Creek Joint Powers Authority (SFCJPA) renovation of the levy adjoining the Golf Course. Below the PAPRC articulate the benefits and areas requiring special consideration with option G:  This valuable recreation area is transformed into a magnificent layout integrating more naturally with the Baylands. It can be a destination “park” for golfers and other outdoor enthusiasts with the opportunity over time to make the clubhouse and its environs a true community center.  This design allows the City to reserve 10.5 acres suitable for multiple recreation and park needs while maintaining a full “regulation” golf course appealing to golfers of all ages and drawing golfers from a wide area. The Commission recommends that an open and inclusive process be undertaken to explore the full array of recreation needs for the use of the 10.5 acres.  The current course is profitable and contributes positively to City revenues. Assumptions and projections on estimated rounds played on the renovated course indicate that this asset is highly likely to substantially increase revenue contribution to the City after construction with option G contributing the highest revenue of all the options. The new design with “wow-factors” in many places will be a real draw for golfers from an extended geographical area.  The full long-term vision to complete transformation of the site – including clubhouse architectural drawings, new parking and pedestrian flow and practice areas - needs to be presented to the Council now for future planning. The above recommendation is tempered by the following facts:  Costs for option G are the highest of the choices - exceeding $7 million. Recently the Blue Ribbon Infrastructure Committee completed work on expenditure priorities. This new project needs to be prioritized and fully funded from known sources. In addition there will be one-year of course closure which will negatively impact stretched City budgets. Lastly, the City should be cognizant of the disproportionate burden on golfers to pay for a golf course design that sets aside 10.5 acres of land for other recreational uses. 9  While there is a lot of ad-hoc comment on the need for athletic fields there is no documented urgent need for additional athletic field space at present. The City has done a good job of expanding field space already. Notable examples are the new Stanford fields and the current construction on El Camino Park which will include a full size turf field. Further play on existing fields could be created by adding lights at lower cost than additional fields. Demographic and community trends need to be watched closely to address future recreational needs.  The full benefit of the golf course renovation (for golfers and non-golfers) cannot be realized without additional significant changes to the buildings, parking and pedestrian access, and practice area of the course. Maximum revenue will likely be blunted for tournament play and corporate outings/meetings by the current unappealing amenities. There will be a jarring difference between the entry to the facility and the course itself. Ideally, this would all be addressed as a total package on close construction timelines.  This project will have significant environmental impacts that will need to be evaluated prior to development given the proximity to sensitive environmental areas and riparian habitat. CITY OF PALO ALTO OFFICE OF THE CITY CLERK December 2, 2013 The Honorable City Council Palo Alto, California Selection of Candidates to be Interviewed for the Storm Drain Oversight Committee for Three Terms Ending on October 31, 2018 Attached are four applications submitted for three terms, ending on October 31, 2013 on the Storm Drain Oversight Committee. Staff requests that the City Council determine which candidates to interview. Interviews will be scheduled as a special meeting with the date to be determined. Copies of all applications are attached. Some applications may be redacted at the request of the applicant. A full set of non-redacted applications will be emailed to Council Members directly. The applicants are as follows: 1. Nancy Clark 2. Mark Harris 3. Hal Mickelson 4. Richard Whaley ATTACHMENTS:  : Clark, Nancy (PDF)  : Harris, Mark (PDF)  : Mickelson, Hal (PDF)  : Whaley, Richard (PDF) Department Head: Donna Grider, City Clerk Page 2 Please Return to: CITY OF PALO ALTO STORM DRAIN OVERSIGHT COMMITTEE SUPPLEMENTAL OUESTIONNAIRE Mark Harris Name: Office of the City Clerk 250 Hamilton Avenue Palo Alto, CA 94301 650-329-2571 ------------------------------------- Date: November 1,2013 Please print or type your answers to the following questions and submit with your completed application You may submit additional sheets, if necessary, to complete your answers. 1. Have you attended the following meeting? • Storm Drain Oversight Committee Yes D (Date: __________ --J. No [2] 2. How did you Learn about the vacancy on the Storm Drain Oversight Committee? Community Group:D Palo Alto Weekly: D The Daily Post: D Website: D If yes, please identify Website: ____________________ __ Email from City Clerk: D Library Bulletin Board: D FlyerlBookmark: D Oth PI S ify Council member informed me of the opening. er, ease pec : _________________________________ _ 3. Describe your involvement in community activities, volunteer and civic organizations: I have Deen extensively involved with Kara, a premier gnef support organization .located in Palo Alto, since 1980. On the board of directors from 1993-2008 and was . secretary, treasurer and president; currently advisory committee chair. Member of -the Palo Alto Mediation Program since 2001 and served as its co-chair; now emeritus. Member of the Crescent Park Neighborhood Association. Contribute to -many local organizations such as the Palo Alto Community Fund, Peninsula Open .Space Trust, Boys & Girls Club of the Peninsula and the Junior League. I have been a T-ball coach, member of a local service club, Cub Scout leader, on the -Duveneck Site Council, Cub Scout den leader, projects for the Stanford Graduate School of Business Alumni Consulting Team. 4. What is it about the Storm Drain Oversight Committee that interests you? What qualities, experience and e~ertise would you bring to the Storm Drain Oversight Committee? Control of rain run-off after storms of all magnitudes is a critical public service. At its .lowest level, run-off must be quickly and efficiently transported to storm drains, sewers creeks and utlimately to the Bay. During critical, high level storms, the 'system must have the ability to function in rare events and either prevent or minimize' damge to the Community so that critical and normal City functions are not disrupted 'or brought back into service quickly. This makes the Oversite Committee a very .worthwhile and interesting civic activity for me. I would bring a wealth of utilites, engineering and financial knowledge and expertise to the Committee. The City only -has so much money to spend on storm drains and each dollar must be used productively on a priority basis. Bds/Commissions -702-23 9/13/2011 5. How would you see your role as board member when recommending policy and working with the Council? If it were necessary to change current roles, how would you approach making such changes? Our charge as a Committee would be to recommend a plan that uses the available .finances in the most effective way possible. The Committee is an additional set of eyes that can complement and enhance the work by staff in developing the project ·plan. We should be a tool for the Council to lever its time and expertise as the Council must decide on a whole spectrum of issues important to the City. I am not 'certain what the second question is asking. If this means that the Council wants the .Committee to take on some new or modified efforts related to storm drains, my approach would be to make certain the Committee had a clear sense of what the 'Council was looking for to avoid waste of time and frustration on the part of the Council and Committee. 6. What are the current issues facing the Storm Drain Oversight Committee? There is always the issue of too many projects for the money available, in which .case the Committee needs to make recommendations on how to put existing resources to the best use. One major issue is how to create facilities that will 'minimize or eliminate damage that can be expected from rare but highly likely storm events. In the long run we must keep in mind potential impacts from climate change. 7. Describe your specific education, training or experience in the fields of accounting, engineering, municipal infrastructure planning or water resources, if any. As mentioned previously, my educational training is in engineering and business with .an emphasis in finance. I spent approximately 20 years in local government in municipal utilities and finance, specifically in Palo Alto and Mountain View. I am very ·much aware of capital and operational funding and all the issues associated with them. Most recently I was a commissioner for the City's Blue Ribbon Infrastructure 'Commission so I am very well versed in the Palo Alto infrastructure and the issues .related to it. 8. Describe other personal traits that make you well-qualified to selVe on this committee. I am patient and a good listener. I am analytical and solution oriented and often .come up with creative compromises that bridge a variety of different viewpoints and concerns. I have a history of working well within a committee structure and usually 'contribute more than my fair share. I will commit the time necessary to get the Committee's work accomplished. Bds/Commissions -702-23 9/13/2011 C11' 111.: ,.,. " ,,_, lil I-ALU M 1il C'\ ' Cll Y CLEi<K'S oFFI'cE 13 NOV -S M'l 10: 04 CITY OF PALO ALTO BOARD AND COMMISSION INCUMBENT APPLICATION SUBMIT TO: Office of the City Clerk 250 Hamilton Avenue, Palo Alto, CA 94301 __ ~ _____ =(6.;:....:50) 329-2571 ___ ~ . ______ ......:... __ . ___ .-. __ .. ____ ". ___ -~_ Incumbents may use this form to declare their intent to apply for another term in office. BOARDCURRENTLYSERVINOON:' 5TORN\ DRfrlN dvef2,St~Hr CDMtr1tfr EE NAME: W hClle.r Last . RJ3SIDENCE ADDRESS: X Please resubmit the most recent application I.have on file. I will update myapplicatiOn·$ld SUbmit. it prior to th~ deadline. *Blank applications may be found 'at Www.cityofpaloalto.org , signature of Applicant ~ ...... ~ HOME Plf{ThlR· WORK. PH()NF.~ CELL PH()NF.~ Board or Commission applying for: Storm Drain oversight Committee SUBMIT TO: CITY OF PALO ALTO BOARD AND COMMISSION APPLICATION Office ofthe City Clerk 250 Hamilton Avenue, Palo Alto, CA 94301 (650) 329-2571 Please print or type answers to all questions and indicate ''Nt An in those areas that do not apply. Be sure that you complete the attached supplement and return it with your siMned application. RESIDENCE ADDRESS EDUCATION (1 RA-IJUAIE (J f $rA-N FtJ~D WORKPHONE~N~/A~ __ List relevant training and experience, certificates of training, licenses, or professional registrations: Sec: ftTrA'C.ffGj) Rb5 UM IS Page 1 of 2 (Rev. 12/2005 TN) ~ .. RESUME RICHARD I. WHALEY, P.E. Civil Engineer Mr. Whaley is a California licensed Civil Engineer, RCE 16149; and a graduate of Stanford University in Civil Engineering, 1958. Experience as follows: City of Palo Alto, UtOities Department. Water, Gas, Wastewater, Palo Alto, Co. Supen/sor of Construction Inspectors. 1990 -2005. Supervised three inspectors. Duties included plan review, field inspection, progress reports, and as-built records. Projects included water, gas, wastewater, road, and tank construction. Barrett,Consultlilg Group, Menlo Park, Co., Prolect Engineer. 1985 -1990 Duties involved design, construction, and reports for a wide range of projects. Clients included the Cities of Palo Alto, Mill Valley, Redwood City, and Mountain View; the U.S.Navy; and FEMA. Richard L Whaley. CivO Engineer, Palo Alto, Co. Owner and operator. 1975 -1985. Specialized in Municipal Engineering, and was the Town Engineer for Woodside for 20 years. Other work involved land development projects and expert witnessing. R. M. Gallowav and Associates. Inc.. Burlingame. Co.. Chief Engineer. 1973 -1975. Supervised an office staff: and performed work for the Town of Woodside, and land development clients. Brian-Kangas-Foulk and Associates. Redwood City, Co. Project Engineer. 1965 -1973. Duties included municipal engineering and land development engineering for the Town of Woodside, Stanford University, and the City of Redwood City. George S. Nolte. Consulting Civil Engineers, Inc., Palo Alto, Co. Prolect Engineer. 1963- 1965. As a member of the Sanitary Department, designed sewer outfalls, pump stations, and assessment districts. A drainage plan was also prepared. Charles S. Mc Candless and Company, Consulting CivO Engineers. Palo Alto, Ca. Engineer. 1962 -1963. Duties included reports, plans, and construction management for water, sanitary sewer, and municipal projects. Deputy Town Engineer for the Town of Los Altos Hills, and Construction Engineer for the Purissima Hills County Water District. American Culvert Company, Oakland. Co. Sales Engineer. 1958 -1962. Work included sales, promotion, credit clearance, and bill collecting in eleven counties connected with the manufacture of corrugated metal pipe. Professional Afflliations: American Society of Civil Engineers, National Society of Professional Engineers, American Public Works Association, American Water Works Association, and Water Environment Federation. Address: Please answer 'Yes' or 'No' to the following questions: Yes No Are you a Palo Aho resident? o Are you an employee of a Palo Alto business? o Are you an owner of real K 0 Do you have any relatives or members of your household who are employed by the City of U )( Palo Alto, who are currently serving on the City Council. or who are board members or Commissioners? Are you available and committed to complete .the term for which you are applying? o po you have an investment in. or do you serve as an officer or director of, a company doing 0 .~ business in Palo Alto which you believe is likely) ) to engage in business with the City> 2) to provide products or services for City projects, or 3) be affected by decisions ofthe board or commission for which you are applying? Excluding your pdncipal residence, do you own real property in Palo Alto or within two 0 'IX miles of Palo Alto? . EMPLOYMENT List only your present or last employer: Name of Company: CITY 6f PALO At-TV Address: '2,.. r;D l-( AMI LT oN AvE PALo A~w\CA QQ?v3 Occupation: Signature of APPJicant: __ ~'-;:N=ame:::-U_---""-'--"-~-"-'~'---__ ""f _____ "~d/:-l....;1'-t1_1J_6_ Page 2 of 2 (Rev. 12/2005 TH) .. ~ ; Board or Commission applying for: Storm Drain Oversight Committee SUBMIT TO: CITY OF PALO ALTO SUPPLEMENTAL QUESTIONNAIRE Office of the City Clerk 250 Hamilton Avenue. Palo Alto, CA 94301 (650) 329-2571 Please print or type answers to aU questions and indicate "Nt A" in those areas that do not apply. Submit this questionnaire with your signed, completed Board and Commission Application. You may submit additional sheets, if necessary, to complete your answers. NAME_-",t.AJ~It.-'-'It,-",lr..-:;€,-,-Y ___ --,-",-((.:..,( c""""H,.....A-_R_V ___ DATE _....,1 f_'_~-I-/(J_b __ LiSt Pilat r · 1. How did you learn· about the vacancy on this committee? Community Group 0 Newspaper Advertisement 0 Utility Bill Stuffer 0 City Clerk's Office 0 Libnuy :.' . 0 Other (specify) W G~JU-Y N €.t;.) 5 A-R. TIC,l... r3 2. Briefly describc:your involvement in community activities, volunteer and civic organizations . M ~M6 er<: 6 F :; r t'1ftl2 ~~" CHURCff) IV E I G If Eot< S 3. What about this committee interests you? A LI f:'£ Page 1 of 2 (Rev. 12/2005 TH) 4. Explain how you would see your role as a committee member when reviewing budget documents and reporting to the Finance Coinmittee of the City Council? V £TfH L-EJ) A-NA Ly~ IS 5. Describe your specific education, training or experience in the fields of accounting, engineering, municipal infrastructure planning or water resources, if any. 5 e e It-rm-Cl-f E p RES(} Nl c= 6. Describe other personal traits tbat make you well-qualified to serve on this committee. rL-£~$A--NT J oor GOING) PEI<$(JN AB/-B . S. fA I' () , 0 11 ! / ... () f) ~ 19natureo pp lcant:_-..:..~_=~==--=~:!>....:.--=-~::....!.-=::.;:;:..O......::".j~--------- Page 2 of 2 (Rev. 13/300S TH) November 4, 2013 City Council Re: Storm Drain Oversight Committee Dear Council Members: [d?I:Y tgl2M,;~ j~lf~C~{\ 13 NOV -5 A~1I0: 05 I am applying for another term on this committee. I believe that I bring a professional voice to this group. Thank you for your consideration. Sincerely yours, ~~.I~ Richard I. PE . , .... : I" -; , . City of Palo Alto (ID # 4223) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/2/2013 City of Palo Alto Page 1 Summary Title: Lucie Stern Contract Amendment 1 with Advanced Design Consultants, Inc. Title: Approval of Amendment No. 1 to Contract No. C13148737 with Advanced Design Consultants, Inc. in the Amount of $85,886 for a Total Not- to-Exceed Amount of $320,755 for Design of Fire/Life Safety and Sprinklers for the Lucie Stern Community Theater and Community Center as Part of the Lucie Stern Buildings Mechanical / Electrical Upgrades Project PE-14015 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute Amendment No. 1 to Contract No. C13148737 with Advanced Design Consultants, Inc. (Attachment A) in the amount of $85,886 for expanded design services for the Lucie Stern Buildings Mechanical/Electrical Upgrades Project PE-14015 for a total not-to-exceed contract amount of $320,755, consisting of $291,595 for basic services and $29,160 for additional services. Background On May 6, 2013 Council approved consultant contract C13148737 with Advanced Design Consultants, Inc. (ADC) for design services for renovations to the Lucie Stern Buildings (Staff Report ID# 3720). ADC was selected through the standard consultant selection Request for Proposal (RFP) process. The scope of work in the RFP for the project provided for building systems design upgrades to the Lucie Stern Children’s Theater, the Lucie Stern Community Theater, and the Lucie Stern Community Center. City of Palo Alto Page 2 Discussion The current contract with ADC provides for design of the Children’s Theatre mechanical and electrical systems, design of the Community Center mechanical system, design of the fire/life safety upgrades for the Children’s Theatre, and design of the Community Theater electrical system replacement. In the original scope of work, the consultant was requested to provide several design options for Lucie Stern Children’s Theater including Heating, Ventilation and Air Conditioning (HVAC), Electrical, Life/Safety, and Sprinkler upgrades; for Lucie Stern Community Theater including Electrical upgrades only; and for Lucie Stern Community Center including Mechanical upgrades only. During the initial study of the building systems, it was determined that the Community Theater and the Community Center were deficient in both Fire Sprinklers and Fire/Life Safety Components. In order to minimize disruption to patrons and staff along with providing potential cost savings for construction, Amendment No. 1 (Attachment A) adds design and preparation of construction documents for fire/life safety and sprinkler upgrades for the Lucie Stern Community Theater and the Lucie Stern Community Center. The proposed additional scope of work will include fire sprinkler and fire/life safety engineering services which will entail the evaluation, analysis, recommendation and design for the Fire Alarm/Life Safety and Fire Protection Sprinkler Systems as described below. 1) The Fire Alarm/Life Safety system consists of panels, detectors, alarms, horns, strobe lights, pull stations, batteries, exit signage and emergency lights. 2) The Fire Protection Sprinkler system will consist of wet sprinkler coverage for each building. The sprinkler system will be developed with locations of fire sprinkler heads, proper fire sprinkler coverage, flow calculations, pipe sizing and verification of water service and pressure into the system. City of Palo Alto Page 3 The design will be refined into a set of construction documents for bidding. The contract with ADC includes services through bid support. Upon successful issuance of a construction contract, the ADC contract will be further amended to include construction administration and related services. Timeline Staff expects to submit a building permit application in the spring of 2014. The project will then be issued for bids and the estimated six-month construction period could begin in early summer 2014. 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. There may be some temporary relocation of department staff to accommodate construction. The amendment would also extend the contract with ADC to July 3, 2014. Resource Impact Funding for the expanded design scope is available in Capital Improvement Project, PE-14015 (Lucie Stern Buildings Mechanical/Electrical Upgrades Project) which was approved in Fiscal Year 2014 Capital Budget. Depending on the cost of the additional improvements, an additional appropriation to fund the expanded project scope may be needed upon award of the construction contract. Policy Implications This recommendation does not represent any change to existing City policies. Environmental Review This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as repair, maintenance or minor alteration of an existing facility and no further environmental review is necessary. Attachments:  A - Amendment 1_ADC Signed (PDF) 1 AMENDMENT NO. 1 TO CONTRACT NO. C13148737 BETWEEN THE CITY OF PALO ALTO AND ADVANCED DESIGN CONSULTANTS, INC. This Amendment No. 1 to Contract No. C13148737 (“Contract”) is entered into on 2nd of December, 2013, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and ADVANCED DESIGN CONSULTANTS, INC., a California Corporation, located at 998 Park Avenue, San Jose, CA 95126 (“CONSULTANT”). R E C I T A L S: WHEREAS, the Contract was entered into between the parties for the provision of design services for the Lucie Stern Buildings Mechanical/Electrical Upgrades Project; 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. Section 4 of the Contract, NOT TO EXCEED COMPENSATION, Paragraph 1, is hereby amended to read as follows: “The compensation to be paid to Consultant for the performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred, Ninety-One Thousand, Five Hundred, Ninety-Five Dollars ($291,595). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Three Hundred Twenty Thousand, Seven Hundred Fifty-five Dollars ($320,755.00). 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. 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 SERVICES”. b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”. c. Exhibit “C” entitled “COMPENSATION”. // // DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 2 Amendment 1 C13148737 Continued… 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, the parties have by their duly authorized representatives executed this Amendment on the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: Senior Asst. City Attorney ADVANCED DESIGN CONSULTANTS, INC. Attachments: EXHIBIT "A": SCOPE OF SERVICES EXHIBIT "B": SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 11/20/2013 Lorenzo Rios Jr. Project Manager 3 EXHIBIT “A” SCOPE OF SERVICES Work Plan Introduction: The Lucie Stern Buildings Mechanical / Electrical Upgrades project will encompass three (3) separate buildings; Palo Alto Children’s Theater, Lucie Stern Community Theater and Lucie Stern Community Center. The buildings where constructed in 1936 and are located at 1305 Middlefield Road, Palo Alto. The professional services will be divided into three (3) separate work packages as outlined in the scope of work provide with the RFP. Each professional service work package will incorporate a Study Phase, Conceptual Design, Construction Drawings and Bidding/Construction phase. Advance Design Consultants, Inc. (ADC) will provide architectural/engineering consulting services for the evaluation, analysis, recommendation and design for mechanical, electrical and fire / life safety upgrades and improvements, along with any associated structural upgrades for the City of Palo Alto Children’s Theatre. ADC will provide engineering consulting services for the evaluation, analysis, recommendation and design for the electrical only upgrades for the Lucie Stern Community Theater. ADC will provide engineering consulting services for the evaluation, analysis, recommendation and design for the mechanical only upgrades, along with any associated electrical/structural support for the new equipment for the Lucie Stern Community Center. Professional Services Approach: I. Phase 1: Study Phase The three (3) buildings; Palo Alto Children’s Theater, Lucie Stern Community Theater and Lucie Stern Community Center will remain occupied throughout the entire design process and completion of construction. The study phase of the project will be presented to the City of Palo Alto with a Basis of Design report and As-Built drawings for each building project work package. This phase will include the following: a. A detailed scope of work as described by the City of Palo Alto and refined based on development of the basis of design. DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 4 b. Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Develop As-Built drawings of the building and systems to be evaluated. c. Survey the various departments and interview end-users that will be utilizing the areas of refurbishment to affectively address their desired needs and concerns. This will include strategies and alternatives that will provide maximum benefit to end user and optimize the functionality and usefulness of the work spaces d. Analyze the existing system(s) to be evaluated and identify existing deficiencies, condition, useful life expectancy, existing equipment life cycle, code compliance, aesthetics, capacity and energy efficiency. e. Consult the City of Palo Alto Project Manager and City of Palo Alto Energy Consultant as needed to develop the survey strategy, identify the existing conditions and needs, and develop recommended modifications to meet critical needs. f. Make recommendations to demolish, modify, refurbish, replace and update existing system as needed based on analysis. The recommendations will meet 2010 California Building & Energy Codes, City of Palo Alto Codes and Regulation, Current NFPA Codes and any other applicable codes and/or regulations. They will take into account the feasibility, economics, downtime and disruption to occupants. g. Provide alternative design concepts and strategies for each system to be evaluated so the City of Palo Alto can determine which option is best for the facility’s needs. II. Phase 2: Conceptual Design This phase will entail the preparation of preliminary design drawings with estimated construction costs for the City of Palo Alto’s at 30% for review and comment. This phase will include the following: a. Submission of 30% conceptual design drawings and demolition drawings for the City of Palo Alto’s review and approval. This submission will be Issue for Review 30% (IFR30%). This submission will include the drawings and specifications as stated in the project deliverables section of this chapter. DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 5 b. Provide life cycle analysis of new major pieces of equipment and proposed energy efficient equipment. It is proposed that the City of Palo Alto is replacing/retrofitting outdated equipment such that the building systems receive an extended life expectancy of 30 or more years. The analysis is proposed to be included into a revision of the basis of design which will be re-submitted in Phase 2. c. Provide a preliminary engineer’s cost estimate of the construction contract cost for the City of Palo Alto’s review. The estimate is proposed to be included into a revision of the basis of design which will be re-submitted in Phase 2. d. Provide a proposed methodology for completing the renovations during time periods of least impact to the functions of the departments proposed; along with refining the full scope of work of the project. The analysis is proposed to be included into a revision of the basis of design which will be re-submitted in Phase 2. e. Attend meeting after 30% submission with the City of Palo Alto project manager and associated personal to review the documents submitted and receive comments. III. Phase 3: Construction Documents This phase will include the preparation of detailed construction documents, including detailed drawings and specifications, which will be submitted to the City of Palo Alto at 60% and 90% for review and comment. This submission will include the drawings and specifications as stated in the project deliverables section of this chapter. This phase will include the following: a. Prepare construction documents all components defined in Phase 2 Conceptual Design. Detailed plans and specifications will be presented to the City of Palo Alto at 60% and 90% for review and comment. These submissions will be Issue for Review 60% (IFR60%) and Issue for Review 90% (IFR90%) b. Provide a final engineer’s cost estimate of the construction contract cost for the City of Palo Alto’s review at the 90% submission. c. Attend meeting after 60% and 90% submission with the City of Palo Alto project manager and associated personal to review the documents submitted and receive comments. DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 6 d. Prepare construction documents to be Issue for Permit (IFP) following 90% submission revisions. Assist the City of Palo Alto in obtaining all building permits, and other applicable permits required for the implementation of the work. e. Prepare final construction documents to be Issue for Construction (IFC) following the City’s approval of the IFP documents. This submission will include the drawings and specifications in AutoCAD and MS Word format as stated in the deliverables section of this chapter. The drawings and specifications will be non- proprietary so multiple vendors can bid on the installation. f. Prepare a proposed detailed construction schedule including, but not limited to, equipment lead times for major equipment purchases, tenant relocations, temporary equipment and staging, etc., using Microsoft Project. It is proposed that the schedule will be submitted with IFP package for review and finalized for IFC package submittal. g. Provide “as-built” final record drawings based on “as-built” information provided by the general contractor and field verification. Record drawings will be provided in AutoCAD format on a CD, as well as one set of reproducible drawings. IV. Phase 4: Bid and Construction This phase will require ADC to provide assistance to the City of Palo Alto’s staff (e.g. pre-bid meeting with prospective bidders, issuance of addenda, respond to requests for information or clarification, etc.) and will assist the city with evaluation of the bids. Following the award of the construction contract to a general contractor, ADC will engage in negotiations with the city to develop an appropriate scope of work for the construction phase services to be provided as needed. The RFP indicates that the construction phase services will be added to the Consultant’s contract at the City’s discretion via a contract amendment. DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 7 Detailed Scope of Work: I. Package 1: Palo Alto Children’s Theater (17,619 SF) a. Task 1.1: Fire Life / Safety Upgrade The scope will entail the evaluation, analysis, recommendation and design for the Fire Alarm / Life Safety System and Fire Protection Sprinkler System. The Fire Alarm / Life Safety system consists of panels, detectors, alarms, horns, strobe lights, pull stations, batteries, exist signage and emergency lights. The fire alarm system will tie into the existing Honeywell system. The Fire Protection Sprinkler system consists of wet sprinkler coverage for the building. The sprinkler system will be developed with locations of fire sprinkler heads, proper fire sprinkler coverage, flow calculations, pipe sizing and verification of water service and pressure into the system. The Fire Alarm / Life Safety Engineering design will be provided by ADC’s electrical engineering division and the Fire Protection Sprinkler design will be provided Walschon Fire Protection Systems which will be reviewed by ADC’s mechanical engineering division. The scope will include the systems serving, but not limited to, the following areas within the theater listed below:  Children’s Theatre Lobby  Storage closet in lobby  Men’s RR in lobby  Theatre Box Office next to lobby  Control booth in lobby (for auditorium)  Main auditorium (audience sitting area) and Orchestra pit  Auditorium attic area i.e. space above ceiling  Hallway next to the audience  Electric Equipment room next to the stage  Attic next to the Elec. Equip. Room  Catwalk for operating elevated stage light  Catwalk above Orchestra pit DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 8  Kitchen next to media center  Under the stairs/ladder access to the second floor catwalk in the Magic Castle  Entire Boy Scouts area. The acoustics and historical aspects of the Children’s Theatre including the auditorium will be carefully considered while providing architectural/engineering design for the new Fire Alarm / Life Safety System and Fire Protection Sprinkler System. Concealment of the sprinklers and acoustical considerations will be taken into account during the conceptual design phase to ensure the City of Palo Alto is content with the final product. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 1.1.1: Existing Document Review (Budget Schedule Task 1) Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the work package. ii. Subtask 1.1.2: Field Investigation (Budget Schedule Task 1) Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part of the basis of design. iii. Subtask 1.1.3: Basis of Design (BOD) (Budget Schedule Task 1) Develop a Basis of Design for Package 1 which will include the Fire Life / Safety Upgrade’s evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. The Basis of Design will include all three (3) major tasks listed for Package 1. iv. Subtask 1.1.4: 30% Conceptual Design Development (IFR30%) (Budget Schedule Task 2) Prepare and submit 30% conceptual design drawings, preliminary engineer’s construction cost estimate and update basis of design as listed in Phase 2 of the of professional services approach. This submission will include all three (3) major tasks listed for Package 1. DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 9 v. Subtask 1.1.5: 60% Construction Documents (IFR60%) (Budget Schedule Task 3) Prepare and submit 60% construction drawings, specifications and engineer’s construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. vi. Subtask 1.1.6: 90% Construction Documents (IFR90%) (Budget Schedule Task 3) Prepare and submit 90% construction drawings, specifications and engineer’s construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. vii. Subtask 1.1.7: Issue for Permit (IFP) (Budget Schedule Task 3) Prepare and submit Issue for Permit drawings and calculations. Assist City of Palo Alto in obtaining permits as needed. Prepare and Submit tentative construction schedule using Microsoft Project. This submission will include all three (3) major tasks listed for Package 1. viii. Subtask 1.1.8: Issue for Construction (IFC) (Budget Schedule Task 3) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto’s use. This submission will include all three (3) major tasks listed for Package 1. ix. Subtask 1.1.9: Bid and Construction Support (Budget Schedule Task 4) Provide assistance to the City of Palo Alto’s staff and assist the city with evaluation of the bids. x. Subtask 1.1.10: “As-Builts” (Budget Schedule Task 4) Upon completion of the construction provide “As-Built” drawing based on the general contractor redlines and field investigations. This submission will include all three (3) major tasks listed for Package 1. b. Task 1.2: Balcony Stair Design The scope will entail the evaluation, analysis, recommendation and design to replace the existing balcony stair system which currently provides staff access to the catwalk in the “Magic Castle” stage area. The current system install is in very DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 10 poor condition and does not meet current building code requirements. During the evaluation and design of the staircase system ADC will take into account then requirements of the City of Palo Alto Fire and Building Departments, the 2010 California Building Code, Title-24 Compliance and Accessibility/ADA requirements as applicable. The design of new stairs will consider the installation of perforated metal to allow fire sprinkler water to pass from above and determine if the new fire sprinklers will be needed underneath the proposed staircase. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 1.2.1: Existing Document Review (Budget Schedule Task 1) Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the project work package. ii. Subtask 1.2.2: Field Investigation (Budget Schedule Task 1) Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part of the basis of design. iii. Subtask 1.2.3: Basis of Design (BOD) (Budget Schedule Task 1) Develop a Basis of Design for Package 1 which will include the Balcony Staircase Upgrade’s evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. The Basis of Design will include all three (3) major tasks listed for Package 1. iv. Subtask 1.2.4: 30% Conceptual Design Development (IFR30%) (Budget Schedule Task 2) Prepare and submit 30% conceptual design drawings, preliminary engineer’s construction cost estimate and update basis of design as listed in Phase 2 of the of professional services approach. This submission will include all three (3) major tasks listed for Package 1. v. Subtask 1.2.5: 60% Construction Documents (IFR60%) (Budget Schedule Task 3) DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 11 Prepare and submit 60% construction drawings, specifications and engineer’s construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. vi. Subtask 1.2.6: 90% Construction Documents (IFR90%) (Budget Schedule Task 3) Prepare and submit 90% construction drawings, specifications and engineer’s construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. vii. Subtask 1.2.7: Issue for Permit (IFP) (Budget Schedule Task 3) Prepare and submit Issue for Permit drawings and calculations. Assist City of Palo Alto in obtaining permits as needed. Prepare and Submit tentative construction schedule using Microsoft Project. This submission will include all three (3) major tasks listed for Package 1. viii. Subtask 1.2.8: Issue for Construction (IFC) (Budget Schedule Task 3) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto’s use. This submission will include all three (3) major tasks listed for Package 1. ix. Subtask 1.2.9: Bid and Construction Support (Budget Schedule Task 4) Provide assistance to the City of Palo Alto’s staff and assist the city with evaluation of the bids. x. Subtask 1.2.10: “As-Builts” (Budget Schedule Task 4) Upon completion of the construction provide “As-Built” drawing based on the general contractor redlines and field investigations. This submission will include all three (3) major tasks listed for Package 1. c. Task 1.3: Mechanical and Electrical Services Upgrades The scope will entail the evaluation, analysis, recommendation and design to replace the Children’s Theater mechanical and electrical services. The existing mechanical system consists of various types of Heating, Ventilation and Air Condition systems. The building is served by chiller, air handlers and some scattered heat pumps located on the roof and/or space. The building is also served DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 12 from the basement which houses some custom air handlers. In addition, the building is also served by several smaller units which appear to be installed recently. All the mechanical equipment serving the building will be evaluated and the replacement/retrofit of the existing systems will provided as needed. HVAC building cooling/heating load calculations will need to be conducted to survey if the existing system capacity is adequately sized and to determine requirements for installation of HVAC equipment with the proper capacity. Based on the HVAC systems to be replaced and/or retrofitted the electrical load may also change. The electrical system currently serving the building will need to be carefully surveyed to determine if the major electrical equipment and sub-electrical panels will need to be replaced. Based on building demand power load calculations and proposed HVAC power consumption the electrical system will be replace and/or retrofitted to meet the new demand of the building. All the electrical systems including, but not limited to, the Main Switchgear, Panels, Sub-Panels, HVAC Disconnects, etc. will be carefully evaluated for life expectancy, available capacity and future capacity. The electrical system upgrade scope will also include all electrical power feeds as needed for the proposed HVAC system(s) to be replaced and/or retrofitted. The electrical system upgrade scope will also include all redistribution/increase in receptacles to areas as needed. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 1.3.1: Existing Document Review (Budget Schedule Task 1) Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the project work package. ii. Subtask 1.3.2: Field Investigation (Budget Schedule Task 1) Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part of the basis of design. iii. Subtask 1.3.3: Basis of Design (BOD) (Budget Schedule Task 1) DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 13 Develop a Basis of Design for Package 1 which will include the Mechanical and Electrical System Upgrade’s evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. The Basis of Design will include all three (3) major tasks listed for Package 1. iv. Subtask 1.3.4: 30% Conceptual Design Development (IFR30%) (Budget Schedule Task 2) Prepare and submit 30% conceptual design drawings, preliminary engineer’s construction cost estimate and update basis of design as listed in Phase 2 of the of professional services approach. This submission will include all three (3) major tasks listed for Package 1. v. Subtask 1.3.5: 60% Construction Documents (IFR60%) (Budget Schedule Task 3) Prepare and submit 60% construction drawings, specifications and engineer’s construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. vi. Subtask 1.3.6: 90% Construction Documents (IFR90%) (Budget Schedule Task 3) Prepare and submit 90% construction drawings, specifications and engineer’s construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. vii. Subtask 1.3.7: Issue for Permit (IFP) (Budget Schedule Task 3) Prepare and submit Issue for Permit drawings and calculations. Assist City of Palo Alto in obtaining permits as needed. Prepare and Submit tentative construction schedule using Microsoft Project. This submission will include all three (3) major tasks listed for Package 1. viii. Subtask 1.3.8: Issue for Construction (IFC) (Budget Schedule Task 3) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto’s use. This submission will include all three (3) major tasks listed for Package 1. ix. Subtask 1.3.9: Bid and Construction Support (Budget Schedule Task 4) DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 14 Provide assistance to the City of Palo Alto’s staff and assist the city with evaluation of the bids. x. Subtask 1.3.10: “As-Builts” (Budget Schedule Task 4) Upon completion of the construction provide “As-Built” drawing based on the general contractor redlines and field investigations. This submission will include all three (3) major tasks listed for Package 1. II. Package 2: Lucie Stern Community Theater (33,716 SF) a. Task 2.1: Electrical Services Upgrades The scope will entail the evaluation, analysis, recommendation and design to replace the Lucie Stern Community Theater electrical services including the Scene Shop (1,800 SF). The electrical system currently serving the building will need to be carefully surveyed to determine if the major electrical equipment and sub-electrical panels will need to be replaced. Based on building demand power load calculations and existing HVAC power consumption the electrical system will be replace and/or retrofitted to meet the current demand of the building. All the electrical systems including, but not limited to, the Main Switchgear, Panels, Sub-Panels, HVAC Disconnects, etc. will be carefully evaluated for life expectancy, available capacity and future capacity. It is expected that the existing main switch gear and distribution will need to be replaced. The electrical system upgrade scope will also include all redistribution/increase in receptacles to areas as needed. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 2.1.1: Existing Document Review (Budget Schedule Task 6) Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the project work package. ii. Subtask 2.1.2: Field Investigation (Budget Schedule Task 6) DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 15 Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part of the basis of design. iii. Subtask 2.1.3: Basis of Design (BOD) (Budget Schedule Task 6) Develop a Basis of Design for Package 2 which will include the Electrical System Upgrade’s evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. iv. Subtask 2.1.4: 30% Conceptual Design Development (IFR30%) (Budget Schedule Task 7) Prepare and submit 30% conceptual design drawings, preliminary engineer’s construction cost estimate and update basis of design as listed in Phase 2 of the of professional services approach. v. Subtask 2.1.5: 60% Construction Documents (IFR60%) (Budget Schedule Task 8) Prepare and submit 60% construction drawings, specifications and engineer’s construction cost estimate. vi. Subtask 2.1.6: 90% Construction Documents (IFR90%) (Budget Schedule Task 8) Prepare and submit 90% construction drawings, specifications and engineer’s construction cost estimate. vii. Subtask 2.1.7: Issue for Permit (IFP) (Budget Schedule Task 8) Prepare and submit Issue for Permit drawings and calculations. Prepare and Submit tentative construction schedule using Microsoft Project. Assist City of Palo Alto in obtaining permits as needed. viii. Subtask 2.1.8: Issue for Construction (IFC) (Budget Schedule Task 8) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto’s use. ix. Subtask 2.1.9: Bid and Construction Support (Budget Schedule Task 9) Provide assistance to the City of Palo Alto’s staff and assist the city with evaluation of the bids. x. Subtask 2.1.10: “As-Builts” (Budget Schedule Task 9) DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 16 Upon completion of the construction provide “As-Built” drawing based on the general contractor redlines and field investigations. b. Task 2.2: Fire Life / Safety Upgrade The scope will entail the evaluation, analysis, recommendation and design for the Fire Alarm / Life Safety System and Fire Protection Sprinkler System. The Fire Alarm / Life Safety system consists of panels, detectors, alarms, horns, strobe lights, pull stations, batteries, exist signage and emergency lights. The fire alarm system will tie into the existing system. The Fire Protection Sprinkler system consists of wet sprinkler coverage for the building. The sprinkler system will be developed with locations of fire sprinkler heads, proper fire sprinkler coverage, flow calculations, pipe sizing and verification of water service and pressure into the system. The Fire Alarm / Life Safety Engineering design will be provided by ADC’s electrical engineering division and the Fire Protection Sprinkler design will be provided Walschon Fire Protection Systems which will be reviewed by ADC’s mechanical engineering division. The scope will include the systems serving, but not limited to, the following areas within the theater listed below:  Theatre Lobby  Storage closet(s)  Restrooms  Theatre Box Office  Control booth(s)  Main auditorium (audience sitting area) and Orchestra pit  Auditorium attic area i.e. space above ceiling  Theatre Scene Shop (a separate detached building)  Electric Equipment room(s)  Catwalk(s) The acoustics and historical aspects of the Community Theatre including the auditorium will be carefully considered while providing architectural/engineering design for the new Fire Alarm / Life Safety System and Fire Protection Sprinkler DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 17 System. Concealment of the sprinklers and acoustical considerations will be taken into account during the conceptual design phase to ensure the City of Palo Alto is content with the final product. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 2.2.1: Existing Document Review (Budget Schedule Task 16) Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the work package. ii. Subtask 2.2.2: Field Investigation (Budget Schedule Task 16) Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part of the basis of design. iii. Subtask 2.2.3: Basis of Design (BOD) (Budget Schedule Task 16) Develop a Basis of Design for Package 1 which will include the Fire Life / Safety Upgrade’s evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. The Basis of Design will include all two (2) major tasks listed for Package 2. iv. Subtask 2.2.4: 30% Conceptual Design Development (IFR30%) (Budget Schedule Task 16) Prepare and submit 30% conceptual design drawings, preliminary engineer’s construction cost estimate and update basis of design as listed in Phase 2 of the of professional services approach. This submission will include all two (2) major tasks listed for Package 2. v. Subtask 2.2.5: 60% Construction Documents (IFR60%) (Budget Schedule Task 16) Prepare and submit 60% construction drawings, specifications and engineer’s construction cost estimate. This submission will include all two (2) major tasks listed for Package 2. vi. Subtask 2.2.6: 90% Construction Documents (IFR90%) (Budget Schedule Task 16) DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 18 Prepare and submit 90% construction drawings, specifications and engineer’s construction cost estimate. This submission will include all two (2) major tasks listed for Package 2. vii. Subtask 2.2.7: Issue for Permit (IFP) (Budget Schedule Task 16) Prepare and submit Issue for Permit drawings and calculations. Assist City of Palo Alto in obtaining permits as needed. Prepare and Submit tentative construction schedule using Microsoft Project. This submission will include all two (2) major tasks listed for Package 2. viii. Subtask 2.2.8: Issue for Construction (IFC) (Budget Schedule Task 16) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto’s use. This submission will include all two (2) major tasks listed for Package 2. ix. Subtask 2.2.9: Bid and Construction Support (Budget Schedule Task 17) Provide assistance to the City of Palo Alto’s staff and assist the city with evaluation of the bids. x. Subtask 2.2.10: “As-Builts” (Budget Schedule Task 17) Upon completion of the construction provide “As-Built” drawing based on the general contractor redlines and field investigations. This submission will include all two (2) major tasks listed for Package 2. III. Package 3: Lucie Stern Community Center (10,230 SF) a. Task 3.1: Mechanical Services Upgrades The scope will entail the evaluation, analysis, recommendation and design to replace the Lucie Stern Community Center mechanical services. The existing mechanical system consists of various types of Heating, Ventilation and Air Condition systems. The building is served by heating only units located in the attic. The basement of the building is served by a custom air handler with rectangular duct distribution in open low ceiling area. All the mechanical equipment serving the building will be evaluated and the replacement/retrofit of the existing systems will provided as needed. HVAC building cooling/heating load calculations will need to be conducted to survey if the DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 19 existing system capacity is adequately sized and to determine requirements for installation of HVAC equipment with the proper capacity. Areas with heating only will be modernized to receive HVAC with cooling if possible. All electrical power feeds as needed for the proposed HVAC system(s) to be replaced and/or retrofitted will be included in this scope. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 3.1.1: Existing Document Review (Budget Schedule Task 11) Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the project work package. ii. Subtask 3.1.2: Field Investigation (Budget Schedule Task 11) Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part of the basis of design. iii. Subtask 3.1.3: Basis of Design (BOD) (Budget Schedule Task 11) Develop a Basis of Design for Package 2 which will include the Mechanical System Upgrade’s evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. iv. Subtask 3.1.4: 30% Conceptual Design Development (IFR30%) (Budget Schedule Task 12) Prepare and submit 30% conceptual design drawings, preliminary engineer’s construction cost estimate and update basis of design as listed in Phase 2 of the of professional services approach. v. Subtask 3.1.5: 60% Construction Documents (IFR60%) (Budget Schedule Task 13) Prepare and submit 60% construction drawings, specifications and engineer’s construction cost estimate. vi. Subtask 3.1.6: 90% Construction Documents (IFR90%) (Budget Schedule Task 13) Prepare and submit 90% construction drawings, specifications and engineer’s construction cost estimate. DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 20 vii. Subtask 3.1.7: Issue for Permit (IFP) (Budget Schedule Task 13) Prepare and submit Issue for Permit drawings and calculations. Prepare and Submit tentative construction schedule using Microsoft Project. Assist City of Palo Alto in obtaining permits as needed. viii. Subtask 3.1.8: Issue for Construction (IFC) (Budget Schedule Task 13) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto’s use. ix. Subtask 3.1.9: Bid and Construction Support (Budget Schedule Task 14) Provide assistance to the City of Palo Alto’s staff and assist the city with evaluation of the bids. x. Subtask 3.1.10: “As-Builts” (Budget Schedule Task 14) Upon completion of the construction provide “As-Built” drawing based on the general contractor redlines and field investigations. b. Task 3.2: Fire Life / Safety Upgrade The scope will entail the evaluation, analysis, recommendation and design for the Fire Alarm / Life Safety System and Fire Protection Sprinkler System. The Fire Alarm / Life Safety system consists of panels, detectors, alarms, horns, strobe lights, pull stations, batteries, exist signage and emergency lights. The fire alarm system will tie into any appropriate existing system if applicable. The Fire Protection Sprinkler system consists of wet sprinkler coverage for the building. The sprinkler system will be developed with locations of fire sprinkler heads, proper fire sprinkler coverage, flow calculations, pipe sizing and verification of water service and pressure into the system. The Fire Alarm / Life Safety Engineering design will be provided by ADC’s electrical engineering division and the Fire Protection Sprinkler design will be provided Walschon Fire Protection Systems which will be reviewed by ADC’s mechanical engineering division. The scope will include the systems serving, but not limited to, the following areas within the Community Center listed below:  Ballroom  Storage closets DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 21  Restrooms  Offices  Program rooms  Boy Scout Meeting Room The acoustics and historical aspects of the Community Center including the ballroom will be carefully considered while providing architectural/engineering design for the new Fire Alarm / Life Safety System and Fire Protection Sprinkler System. Concealment of the sprinklers and acoustical considerations will be taken into account during the conceptual design phase to ensure the City of Palo Alto is content with the final product. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 3.2.1: Existing Document Review (Budget Schedule Task 19) Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the work package. ii. Subtask 3.2.2: Field Investigation (Budget Schedule Task 19) Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part of the basis of design. iii. Subtask 3.2.3: Basis of Design (BOD) (Budget Schedule Task 19) Develop a Basis of Design for Package 1 which will include the Fire Life / Safety Upgrade’s evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. The Basis of Design will include all two (2) major tasks listed for Package 1. iv. Subtask 3.2.4: 30% Conceptual Design Development (IFR30%) (Budget Schedule Task 19) Prepare and submit 30% conceptual design drawings, preliminary engineer’s construction cost estimate and update basis of design as listed DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 22 in Phase 2 of the of professional services approach. This submission will include all two (2) major tasks listed for Package 3. v. Subtask 3.2.5: 60% Construction Documents (IFR60%) (Budget Schedule Task 19) Prepare and submit 60% construction drawings, specifications and engineer’s construction cost estimate. This submission will include all two (2) major tasks listed for Package 3. vi. Subtask 3.2.6: 90% Construction Documents (IFR90%) (Budget Schedule Task 19) Prepare and submit 90% construction drawings, specifications and engineer’s construction cost estimate. This submission will include all two (2) major tasks listed for Package 3. vii. Subtask 3.2.7: Issue for Permit (IFP) (Budget Schedule Task 19) Prepare and submit Issue for Permit drawings and calculations. Assist City of Palo Alto in obtaining permits as needed. Prepare and Submit tentative construction schedule using Microsoft Project. This submission will include all two (2) major tasks listed for Package 3. viii. Subtask 3.2.8: Issue for Construction (IFC) (Budget Schedule Task 19) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto’s use. This submission will include all two (2) major tasks listed for Package 3. ix. Subtask 3.2.9: Bid and Construction Support (Budget Schedule Task 20) Provide assistance to the City of Palo Alto’s staff and assist the city with evaluation of the bids. x. Subtask 3.2.10: “As-Builts” (Budget Schedule Task 20) Upon completion of the construction provide “As-Built” drawing based on the general contractor redlines and field investigations. This submission will include all three (3) major tasks listed for Package 1. DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 23 Deliverables: The professional services will be divided into three (3) separate work packages as outlined in the detailed scope of work provided above. Each professional service work package will incorporate a Study Phase, Conceptual Design, Construction Drawings and Bidding/Construction phase. Each phase will have deliverables which are described in the professional services approach and scope of work sections of this chapter. The three (3) packages will be; Package 1: Palo Alto Children’s Theater, Package 2: Lucie Stern Community Center, and Package 3: Lucie Stern Community Theater. The following will be included for each Package listed: 1. Basis of Design (BOD)  Preparation and delivery of five (5) hard copies and one (1) electronic copy (MS Word and PDF) of the draft BOD report. 2. Issue for Review 30% (IFR30%)  Preparation and delivery of five (5) hard copies and one (1) electronic copy(MS Word and PDF) of the final BOD report.  Preparation and delivery of five (5) hard copy sets and one (1) electronic copy set (PDF) of IFR30% Conceptual Drawings 3. Issue for Review 60% (IFR60%)  Preparation and delivery of five (5) hard copy sets and one (1) electronic copy set (PDF) of IFR60% Design Drawings.  Preparation and delivery of five (5 hard copies and one (1) electronic copy (PDF) of IFR60% Technical Specifications. 4. Issue for Review 90% (IFR90%)  Preparation and delivery of five (5) hard copy sets and one (1) electronic copy set (PDF) of IFR90% Design Drawings.  Preparation and delivery of five (5) hard copies and one (1) electronic copy (PDF) of IFR90% Technical Specifications. 5. Issue for Permit (IFP)  Preparation and delivery of five (5) wet signed/stamped hard copy sets and one (1) electronic copy (PDF) of IFP Design Drawings. DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 24  Preparation and delivery of three (3) wet signed/stamped hard copy sets and one (1) electronic copy (PDF) of Structural Calculations as required per package. 6. Issue for Construction (IFP)  Preparation and delivery of five (5) hard copy sets and one (1) electronic copy (AutoCAD & PDF) of IFC Construction Drawings.  Preparation and delivery of five (5) hard copies and one (1) electronic copy (MS Word & PDF) of IFC Technical Specifications.  Preparation and delivery of three (3) wet signed/stamped hard copy sets and one (1) electronic copy (PDF) of Structural Calculations as required per package. 7. “As-Builts” Record Drawings  Preparation and delivery of one (1) hard copy (reproducible) and one (1) electronic copy (AutoCAD & PDF) of “As-Built” Record Drawings. Proposed Engineering Schedule (NTP + 180 days): The Time of Competition of all services is proposed to be within one-hundred eighty (180) calendar days after issuance of the Notice to Proceed (NTP) as stated in section G of Attachment B of the provided RFP Number 148737. Further the City of Palo Alto may request that certain high-priority components be completed within sixty (60) days after issuance of NTP. It is proposed that Package 1, Tasks 1.1, 1.2, and 1.3 be completed concurrently. It is proposed that Package 2, Task 2.1 and Task 2.2 and Package 3, Task 3.1 and Task 3.2 be completed concurrently. It is proposed that the City of Palo Alto will take 5 working days to review submission prior to review meeting and providing comments. It is proposed that the City of Palo Alto Building / Fire department review for Permit will take 10 working days before providing plan check comments and/or approval of drawings. Bidding and Construction Support is shown tentative (additional services) and upon receipt of NTP the schedule will finalized. DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 21 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones Completion No. of Days/Week From NTP (Work Days) Date Package 1: Palo Alto Children’s Theater Mechanical/Electrical/Fire Life Safety Upgrades and Balcony Stair Design 1. Document Collection and Field Investigation Start (6/7/13) 2. Submit BOD 54 Days (8/21/13) 3. BOD Review Meeting (City Meeting) 30 Days (10/2/13) 4. Submit IFR 30% 37 Days (11/22/13) 5. IFR 30% Review Meeting (City Meeting) 10 Days (12/6/13) 6. Submit IFR 60% 10 Days (12/20/13) 7. IFR 60% Review Meeting (City Meeting) 20 Days (1/17/14) 8. Submit IFR 90% 20 Days (2/28/14) 9. IFR 90% Review Meeting (City Meeting) 10 Days (2/28/14) 10. HRB / ARB Review (Following IFR 90% 2/14) 30 Days (3/28/14) 11. Submit IFP 10 Days (4/14/14) 12. Submit IFC and Obtain Permit 17 Days (5/6/14) Total 238 Days 13. Bidding Support Tentative Package 2 and 3: Lucie Stern Community Theater and Community Center Electrical Services Upgrades and Mechanical Service Upgrades and Fire Sprinkler / Life Safety Upgrades 1. Document Collection and Field Investigation Start (8/27/13) 2. Submit BOD 22 Days (9/25/13) 3. BOD Review Meeting (City Meeting) 5 Days (10/2/13) 4. Submit IFR 30% 37 Days (11/22/13) 5. IFR 30% Review Meeting (City Meeting) 10 Days (12/6/13) 6. Submit IFR 60% 10 Days (12/20/13) 7. IFR 60% Review Meeting (City Meeting) 20 Days (1/17/14) 8. Submit IFR 90% 20 Days (2/14/14) 9. IFR 90% Review Meeting (City Meeting) 10 Days (2/28/14) 10. HRB / ARB Review (Following IFR 90% 2/14) 30 Days (3/28/14) 11. Submit IFP 10 Days (4/14/14) 12. Submit IFC and Obtain Permit 17 Days (5/6/14) Total 181 Days 13. Bidding Support Tentative DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 22 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed $213,517. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $21,352. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $213,517 and the total compensation for Additional Services does not exceed $21,352. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $24,212 (Children’s Theater Study Phase) Task 2 $20,451 (Children’s Theater Conceptual Design) Task 3 $45,870 (Children’s Theater Construction Drawings) Task 4 $6,330 (Children’s Theater Bid & Construction Phase) Task 5 $1,937 (Children’s Theater Reimbursable) Task 6 $13,259 (Community Theater Study Phase) Task 7 $10,869 (Community Theater Conceptual Design) Task 8 $21,775 (Community Theater Construction Drawings) DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 23 Task 9 $6,144 (Community Theater Bid & Construction Phase) Task 10 $1,041 (Community Theater Reimbursable) Task 11 $16,340 (Community Center Study Phase) Task 12 $15,535 (Community Center Conceptual Design) Task 13 $23,287 (Community Center Construction Drawings) Task 14 $5,258 (Community Center Bid & Construction Phase) Task 15 $1,209 (Community Center Reimbursable) Sub-total Basic Services $209,330 Reimbursable Expenses $4,187 Additional Services (Not to Exceed) $21,352 Total Basic Services $234,869 ADDITIONAL SCOPE OF SERVICES shall be incorporated into the existing Lucie Stern Buildings Mechanical / Electrical Upgrades (PE‐14015) project under the City of Palo Alto Contract No. C13148737: Task 16 (Community Theater Construction Drawings) $27,180 Task 17 (Community Theater Bid & Construction) $2,698 Task 18 (Community Theater Reimbursable) $598 Task 19 (Community Center Construction Drawings) $42,260 Task 20 (Community Center Bid & Construction) $4,400 Task 21 (Community Center Reimbursable) $942 Sub-total Additional Basic Services $76,538 Reimbursable Expenses $1,540 DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 24 Additional Services (Not to Exceed) $7,808 Total Amendment No. 1 $85,886 Maximum Total Compensation $320,755.00 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $500 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement DocuSign Envelope ID: D4BA49F2-F301-437B-AA6D-F9E77A859960 City of Palo Alto (ID # 4271) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/2/2013 City of Palo Alto Page 1 Summary Title: Continuance-Appeal of 636 Waverley ARB Decision Title: Approval of Continuation of Council Consideration of an Appeal of the Director of Planning and Community Environment’s Architectural Review Approval of a new mixed-use development at 636 Waverley Street, a parcel in the CD-C(P) zone. The proposed four-story 10,278 sq. ft. building includes 4,800 sq. ft. of commercial uses on the first and second floors and two residential units on the third and fourth floors. The project provides 20 parking spaces in a below grade garage. Environmental Assessment: Exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15303 for 636 Waverley Street (STAFF REQUESTS THIS ITEM BE CONTINUED TO DECEMBER 16, 2013) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that this item be continued to the December 16, 2013 City Council meeting. Review Process The standard procedure for the review of an appealed Architectural Review application is for placement on the Council consent calendar within 30 days of the filing of an appeal. The appeal was filed on November 4, 2013, and therefore must be placed on the Council consent agenda by December 2, 2013. Due to the Thanksgiving holidays, staff does not have sufficient time to prepare a thoughtful response to the appellant’s concerns in a Council report and to complete the review process in a timely manner for the council packet deadline. Therefore, a continuance is requested. City of Palo Alto (ID # 4209) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/2/2013 City of Palo Alto Page 1 Summary Title: Amendment #2 with Waste Management of CA. Inc. regarding the Kirby Canyon Landfill Title: Approval of Amendment Number 2 to the Agreement with Waste Management of California, Inc. That Will Reduce the City's Annual "Put or Pay" Tonnage Commitments Through 2021 and Modify Other Terms and Conditions of the Disposal Agreement From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve Amendment Number 2 with Waste Management of California, Inc. (Attachment A) which lowers the “put or pay” tonnage commitments and affects other terms and conditions for the remainder of the original term of the disposal agreement for the Kirby Canyon Landfill. Background In 1991, the City of Palo Alto (City), along with the cities of Mountain View and Sunnyvale, entered into a 30 year agreement with Waste Management of California, Inc. for the disposal of municipal solid waste at the Kirby Canyon Landfill. The 1991 agreement required the City’s waste to be first delivered to the Sunnyvale Materials Recovery and Transfer (SMaRT) Station, where the City also has a separate 30 year agreement with the cities of Mountain View and Sunnyvale to recycle and transfer the waste. In 1993, Amendment Number 1 to the 1991 disposal agreement was implemented, modifying the final contract schedule and adjusting other minor terms and conditions. In 2013, the cities of Morgan Hill and Gilroy released a joint request for proposals (RFP) for a disposal agreement with regional landfill operators. In response to the RFP, Waste Management staff approached the SMaRT Cities to renegotiate terms contained in the 1991 disposal agreement that restricts Waste Management from City of Palo Alto Page 2 providing the lowest disposal price to Morgan Hill and Gilroy (or many other cities). Specifically, Waste Management wanted to eliminate the “most favored nations” clause in the agreement, a condition that allows the SMaRT Cities to receive the lowest disposal price that the Kirby Canyon Landfill can charge from other cities (with the exception of larger cities). SMaRT City staff negotiated with Waste Management and in August 2013 executed a Memorandum of Understanding (MOU) that agreed to changes to the 1991 disposal agreements, conditional on Palo Alto City Council approval. These proposed contract modifications are included in Amendment Number 2 (Attachment A). Discussion The changes that have been agreed in the 2013 Waste Management MOU are projected to save the City a cumulative total of between $1.5 million to $3.3 million in disposal costs through the end of the agreement term which is the end of the calendar year 2021. These cost savings will be realized from the reduction in the City’s waste tonnage commitments to Kirby Canyon thereby lowering the “put or pay” charge. The put or pay requirement is where the City pays disposal charges based on a minimum tonnage commitment whether the waste is delivered to Kirby Canyon or not. This put or pay provision cost the City approximately $300,000 last fiscal year and is expected to increase to a large amount over the next 8 years of the term of this agreement due to zero waste diversion activities and rising annual minimum commitments. City of Palo Alto Page 3 The reasons that Waste Management agreed to the lowering of the put or pay tonnage commitments are listed in the table below: Terms Favorable to Waste Management Sunnyvale agreed to extend the disposal agreement for ten additional years. Waste Management guarantees disposal tonnage at the Kirby Canyon Landfill through 2031. Mountain View and Palo Alto did not extend the agreement terms. Elimination of “Most Favored Nations Clause” Waste Management would like to offer lower disposal pricing for tonnage disposed at the Kirby Canyon Landfill. No expected impact to the City. Additional surcharge of $7.00 per ton. No impact when considering the larger put or pay savings. For details, see cost table under Resource Impact below. Waste Management will retain the previously paid put or pay fees. No impact as the agreement contains a provision that Waste Management would retain the put or pay fees at the end of the term (2021) unless the City provides more waste tonnage than committed. Terms Favorable to the City of Palo Alto Reduction in put or pay tonnage commitments. $1.5 million to $3.3 million in overall savings (See Resource Impact section below). Discount for addition of other Cities Further discounts to the $7.00 per ton surcharge would be realized if Kirby Canyon is able to draw new municipal customers. Timeline Amendment Number 2 will be implemented upon Council approval and signatures and be in effect through the term of this agreement (end of 2021). No extension to the original 30 year term of the agreement is included in Amendment Number 2. Resource Impact Further discounts could be realized by the City (totalling an estimated $3.3 million) if Waste Management receives sufficent tonnages from new customers (other jurisdictions) because of the elimination of the most favored nations City of Palo Alto Page 4 clause. The estimated savings per year for implementing this Amendment No. 2 is included in the table below. Cost Impacts under the existing agreement and under the terms of Amendment Number 2 Year Current Agreement Forecast Amendment No. 2 Projected Savings 2014 $2.002 M $1.933 M $ 69,000 2015 $2.075 M $1.964 M $111,000 2016 $2.127 M $1.972 M $155,000 2017 $2.180 M $1.984 M $196,000 2018 $2.235 M $2.022 M $213,000 2019 $2.292 M $2.062 M $230,000 2020 $2.342 M $2.094 M $248,000 2021 $2.379 M $2.059 M $320,000 Totals $17.632 M $16.091 M $1.542 M Policy Implications No changes to existing City policies would be achieved through the approval of Amendment Number 2. Environmental Review Modifying the terms of an agreement is not a project under the California Environmental Quality Act (CEQA). Attachments:  A: Palo Alto Amendment Number 2 (DOCX) Page 1 of 11 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PALO ALTO AND WASTE MANAGEMENT OF CALIFORNIA, INC. FOR LONG TERM DISPOSAL OF SOLID WASTE This SECOND AMENDMENT TO AGREEMENT (the “Amendment”) is by and between the CITY OF PALO ALTO, a municipal corporation (the “City”) and WASTE MANAGEMENT OF CALIFORNIA, INC., a California corporation (“Contractor”). The City and Contractor are sometimes referred to individually as a “Party,” and collectively referred to as the “Parties.” Capitalized terms used in this Amendment without definition have the meanings specified in Appendix 1 to the 1991 Agreement (defined below). RECITALS WHEREAS, the City and Contractor entered into an agreement dated September 10, 1991 (the “1991 Agreement”) under which Contractor has provided disposal of Municipal Solid Waste generated in the City and other Municipal Solid Waste delivered to Sunnyvale Materials Recovery and Transfer Station (the “Transfer Station”); WHEREAS, in 1991, Contractor also entered into long-term disposal agreements with the City of Sunnyvale and the City of Mountain View (together with the City, the “Participating Agencies”) that are substantially similar to the 1991 Agreement; WHEREAS, on or about September 1, 1993, the Participating Agencies each entered into First Amendments with Contractor amending their 1991 disposal agreements; and WHEREAS, on or about August 2013, the Participating Agencies and Contractor executed a Memorandum of Understanding regarding amendments to the 1991 disposal agreements, including the 1991 Agreement. AGREEMENT NOW, THEREFORE, in consideration of the recitals and mutual promises contained herein, the Parties agree to the below-referenced amendments to said 1991 Agreement, and all amendments thereto, as follows: 1. For purposes of this Second Amendment, the “Commencement Date” shall be December __, 2013. Page 2 of 11 2. Section 3.03 Disposal Capacity shall be amended to read as follows: “3.03 Disposal Capacity. Contractor shall reserve for and provide to City the amount of disposal capacity at the Disposal Facility necessary to accommodate City's annual Allocation Quantity. City may deliver more than the annual Allocation Quantity shown on Exhibit A in any year, subject only to limitations imposed by permits for Kirby Canyon and payment of the Excess Quantity Disposal Fee, if such fee is applicable under Section 4.02.A. As of the Commencement Date, the Allocation Quantity will no longer be in use. Instead, each year during the Term, Contractor shall reserve for the Participating Agencies an amount of disposal capacity at the Disposal Facility equal to a “Reserve Disposal Capacity.” For calendar year 2014, the Reserve Disposal Capacity will equal: (Participating Agencies’ actual 2013 Municipal Solid Waste disposal total at the Disposal Facility) x 95% x 98% For each subsequent year, the Reserve Disposal Capacity will equal 98% of the previous year’s Reserve Disposal Capacity. The City of Sunnyvale shall be responsible for allocating Reserve Disposal Capacity among the Participating Agencies.” 3. Section 3.04 Transferability of Disposal Capacity shall be amended to read as follows: “3.04 Transferability of Disposal Capacity. City may at any time and from time to time during the Term transfer all or any portion of its Allocation Quantity to any municipal corporation which is also contracting with City for use of the Transfer Station, including, but not limited to, one or more of the Participating Agencies. Such transfers are not subject to the approval of Contractor. City shall, however, give notice to Contractor of all such transfers, indicating the name of the transferee municipality, the amount of the Allocation Quantity transferred to it, and the date on which such transfer becomes effective. As of the Commencement Date, the provisions immediately above are no longer applicable and City may at any time and from time to time during the Term deliver to and dispose of MSW generated in and collected from any municipal corporation and processed at the Transfer Station, providing Kirby Canyon has sufficient disposal capacity, based on Contractor’s sole determination, which may not be unreasonable, and providing that City provides Contractor at least 24 hours’ notice.” 4. Section 4.02(A) Disposal Fee shall be amended to read as follows: “4.02(A) Disposal Fee. Commencing upon October 1, 1993, City shall pay to Contractor a Disposal Fee of $21.99 per Ton, adjusted as provided in Section 4.02.C (plus taxes and fees, as provided in Section 4.02.B), for all Municipal Solid Waste disposed of at the Disposal Facility which was generated within City and transported to the Disposal Facility by the Transfer Station Operator. Notwithstanding the foregoing, in the event City and the Participating Agencies deliver to the Disposal Facility less than seventy-five percent (75%) of their aggregate annual Allocation Quantity (the "Minimum Quantity"), City shall pay the Page 3 of 11 Disposal Fee (but not the taxes and fees described in Section 4.02.B) calculated as though City and the Participating Agencies had delivered the Minimum Quantity to the Disposal Facility. Also notwithstanding the foregoing, in the event City and the other Participating Agencies deliver to the Disposal Facility more than one hundred ten percent (110%) of their aggregate annual Allocation Quantity and City or the Participating Agencies have transferred more than ten percent (10%) of their aggregate annual Allocation Quantity to any municipal corporation other than one of the Participating Agencies, then the Disposal Fee for that amount of Municipal Solid Waste delivered which is in excess of one hundred and ten percent (110%) of the aggregate annual Allocation Quantity (the "Excess Quantity") shall be $24.63 per Ton, adjusted as provided in Section 4.02.C (plus taxes and fees, as .provided in Section 4.02.B). All references to "Disposal Fee" in this Agreement shall include both the basic Disposal Fee and the Excess Quantity Disposal Fee. As of the Commencement Date, the provisions immediately above are no longer applicable (except that City shall pay for the Minimum Quantity shortfall for 2013 pursuant to the second sentence above, with the Minimum Quantity being reduced based on excluding the number of days in 2013 on and after the Commencement Date) and City shall pay to Contractor (i) a “Disposal Fee” of $39.50 per Ton, (ii) a “Disposal Fee Premium” of $7.00 per Ton, and (iii) taxes and fees, as provided in Section 4.02(B), for all Municipal Solid Waste transported to the Disposal Facility from the Transfer Station. Each of these amounts is subject to adjustment as provided in this Agreement. The Disposal Fee Premium shall be subject to reduction pursuant to Section 4.02(A)(i) below. (i) If Contractor and/or City enters into any written disposal agreement (in the case of the City, a transfer and disposal agreement is included), either directly with one or more incorporated city or county (a “New Municipal Customer”) for disposal of Municipal Solid Waste at the Disposal Facility or with one or more transporter who is collecting and transporting Municipal Solid Waste under contract with a New Municipal Customer for disposal at the Disposal Facility, and said disposal agreement calls for a disposal fee which is less than the City’s Disposal Fee, the City’s Disposal Fee Premium shall be discounted, as follows, based on Contractor’s projections of the annual disposed-of amounts from all New Municipal Customers:  25,000 or less annual tons: No reduction in Disposal Fee Premium  More than 25,000 but less than 50,000 annual tons: 25% Reduction in Disposal Fee Premium  Between 50,000 and 74,999 annual tons: 50% Reduction in Disposal Fee Premium  Between 75,000 and 99,999 annual tons: 75% Reduction in Disposal Fee Premium  100,000 or more annual tons: 100% Reduction of Disposal Fee Premium If a New Municipal Customer agreement commences at a time other than January 1, the annual ton threshold amounts immediately above will be adjusted based on the partial calendar year. For example, with regard to the second category, if a New Municipal Page 4 of 11 Customer agreement commences on April 1, 25,000 will be changed to 18,750 and 50,000 changed to 37,500 for such partial year. The Disposal Fee Premium discount will be applied when Contractor’s services under the New Municipal Customer disposal agreement commence, and continue until the New Municipal Customer agreement terminates. Following each calendar year, there will be a true-up calculation where Contractor will determine the actual annual disposed-of amounts from all New Municipal Customers. If actual annual disposed-of amounts vary from the previous Contractor estimate, and would have resulted in a different Disposal Fee Premium discount if known when the estimate was made, then, within 30 days of the true-up calculation, Contractor will issue a rebate to City (if actual tons are higher) or City will issue payment to Contractor (if actual tons are lower) based on the actual annual disposed-of amounts. For purposes of illustration, if a New Municipal Customer agreement commences on January 1 and the estimated annual tons are 60,000, Contractor will reduce the City’s Disposal Fee Premium by 50% when such agreement commences. If the New Municipal Customer’s actual annual tons for such year are 40,000 tons, then City will reimburse Contractor as follows: Tons of Municipal Solid Waste to which the 50% Disposal Fee Premium was applied x $1.75 Contractor’s projections of the annual disposed-of amounts from a New Municipal Customer will be adjusted annually based on the previous year’s disposal tons. This Section 4.02(A)(i) applies only to disposed of Municipal Solid Waste and does not include any materials that are recycled or otherwise brought in for beneficial reuse or cover. (ii) If during any calendar year of the Term the Disposal Facility receives for disposal an amount of Participating Agencies Municipal Solid Waste from the Transfer Station which is less than that year’s Reserve Disposal Capacity, as referenced in Section 3.03 above, City shall pay (through the City of Sunnyvale) the Disposal Fee and Disposal Fee Premium (but not the taxes and fees described in Section 4.02(B)) calculated as though Participating Agencies, through the Transfer Station, had delivered the Reserve Disposal Capacity tonnage to the Disposal Facility. Contractor shall provide the City of Sunnyvale an invoice for any such amounts owed, on or before January 31 of the following year, which shall be paid within 30 days. For purposes of illustration, if the Transfer Station delivers 120,000 Tons of Participating Agencies Municipal Solid Waste to the Disposal Facility in a calendar year, and such calendar year’s Reserve Disposal Capacity amount is 140,000, then City shall pay Contractor an amount equal to 20,000 multiplied by the sum of the then-existing Disposal Fee and Disposal Fee Premium. Reserve Disposal Capacity shortages and overages shall not carry over to the next year.” 5. Section 4.02(C) Annual Adjustment shall be amended to read as follows: Page 5 of 11 “4.02(C) Annual Adjustment. The Disposal Fee set forth above shall be adjusted as of July 1, 1992 and annually thereafter to reflect changes in the San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index (All Urban Consumers; 1982-84 = 100) compiled and published by the United States Department of Labor, Bureau of Labor Statistics. The Index level as of May, 1991 (136.2) shall be the Base Index. The Disposal Fee shall be adjusted on July 1, 1992, for example, by multiplying $21.99 by one plus the percentage change from the Base Index to the Index level as of May, 1992. As of the Commencement Date, the Disposal Fee and Disposal Fee Premium shall be adjusted as of July 1, 2014, and annually thereafter throughout the Term, to reflect changes in the San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index (All Urban Consumers; 1982-84 = 100) compiled and published by the United States Department of Labor, Bureau of Labor Statistics. The July 1, 2013 Disposal Fee adjustment reflected the Index change through April 2013. The adjustments on July 1, 2014 will then reflect the change in Index level between April 2013 (244.675) and December 2013. The Index level as of December 2013 shall then become the Base Index for adjustments on July 1, 2015 and following years. The Disposal Fee and Disposal Fee Premium shall be adjusted on July 1, 2015, for example, by multiplying the then-applicable fees by one plus the percentage change from the Base Index (December 2013) to the Index level as of December 2014.” 6. Section 4.02(D) Comparable Fees shall be amended to read as follows: “4.02(D) Comparable Fees. If Contractor enters into any agreement or arrangement with any other Person with an Allocation Quantity equal to or less than City’s, under with such Person is allowed to deposit Municipal Solid Waste at the Disposal Facility for a fee or charge which is less than the Disposal Fee then charged to City pursuant to Section 4.02.A (as adjusted pursuant to Sections 4.02.B and 4.02.C), then City shall not be required to pay a Disposal Fee in excess of the amount of such lesser fees or charges, for so long as such lesser fee or charge is in effect. This paragraph is not intended to apply to charges imposed by Contractor on solid waste delivered to the Disposal Facility by Contractor, or by companies wholly owned and controlled by Contractor or Waste Management of North America, Inc., or Waste Management, Inc. so long as the solid waste so delivered is not collected, transported or otherwise handled pursuant to a contractual relationship which, either directly or indirectly, secures disposal capacity at the Disposal Facility and which is between the company delivering the waste to the Disposal Facility and a city, county, district or other political subdivision. As of the Commencement Date, Section 4.02(D) shall no longer apply.” 7. Section 4.02(E) Credit for Tonnage Paid for Under Minimum Quantity Provisions shall be amended to read as follows: “4.02(E) Credit for Tonnage Paid for Under Minimum Quantity Provisions. If City pays for any Tons which are not physically delivered to the Disposal Facility, pursuant to the Minimum Quantity provisions of Section 4.02.A, upon subsequent delivery of such paid-for but unused portion of its Allocation Quantity, City shall receive full credit against the then- Page 6 of 11 current Disposal Fee for the amount previously paid, provided that City may not receive such credit in any year unless and until it has delivered at least 75 percent of the annual Allocation Quantity specified for that year. As of the Commencement Date, all credits accumulated to date shall be waived by the Participating Agencies and no remuneration for payment of disposal fees prior to the Commencement Date with regard to waste material not delivered to the Disposal Facility shall be received by the Participating Agencies. Beginning on the Commencement Date, the Participating Agencies shall not receive any credit for any Tons which are not physically delivered to the Disposal Facility but which are paid for as specified in Section 4.02(A)(ii).” 8. Section 4.03(D) Proportionate Share shall be amended as follows: “4.03(D) Proportionate Share. As of the Commencement Date, to the extent the costs of complying with newly enacted governmental regulations (or changes to regulations which can be charged to City) are attributable to Municipal Solid Waste already in place at the Disposal Facility at the time such new regulations are issued, the City's proportionate share of such costs shall be determined by multiplying such costs by a fraction, the numerator of which is the amount of Municipal Solid Waste then deposited in the Disposal Facility which originated in the City and the denominator of which is the total amount of Municipal Solid Waste then deposited in the Disposal Facility from all sources, unless otherwise provided for by the enacted legislation. Contractor shall be reimbursed for such costs (including its actual and reasonable financing costs) through monthly installment payments which will amortize the costs incurred over the remaining Term of the Agreement, as specified in Section 1.02. The parties agree that the prime rate, as published on a monthly basis by the Wall Street Journal, is a reasonable financing cost. To the extent the costs of complying with such regulations are attributable to Municipal Solid Waste not yet in place at the Disposal Facility at the time such new regulations are issued, then City's proportionate share of such costs shall be determined by multiplying such costs by a fraction, the numerator of which is the Reserve Disposal Capacity sum for the remaining Term and the denominator of which is the total remaining permitted capacity of the Disposal Facility. The cost of compliance shall be calculated on a "per Ton" basis amortized over the remaining life of the Disposal Facility. In all cases in which the costs of compliance with new or changed governmental regulations attributable to Municipal Solid Waste not yet in place are sought to be charged to the City, Contractor shall provide City, on an annual basis, with evidence showing (1) that the work required by the regulations has been performed, and (2) the amount of costs actually incurred. If the actual costs are less than the costs as estimated on which an increase in Disposal Fee was based, the Disposal Fee will be reduced accordingly, so as to offset any overpayments made on the basis of the estimated cost. If the actual costs are more than the costs as estimated, on which an increase in Disposal Fee was based, the Disposal Fee may be increased accordingly, so as to cover any underpayment made on the basis of the estimated cost.” 9. Section 4.04(A) Monthly Billing shall be amended to read as follows: Page 7 of 11 “4.04(A) Monthly Billing. As of the Commencement Date, on or before the fifteenth (15th) day of each month, Contractor shall submit to the Transfer Station Operator an invoice for Disposal Fees and Disposal Fee Premiums (and taxes and governmental fees, if applicable) covering Municipal Solid Waste delivered to the Disposal Facility during the prior month by the Transfer Station Operator on behalf of City and the Participating Agencies. The invoice shall be accompanied by a report showing the following information: date of each delivery; vehicle identification number; quantities in Tons (gross weight, tare weight, and all Tons) or cubic yards; rate per Ton; and cost per load. Contractor shall concurrently send a copy of the invoice and report to the City. Contractor shall not be responsible for the allocation of the Disposal Fees or Disposal Fee Premiums (or taxes and fees) or the determination of proportionate disposal of Municipal Solid Waste by and between City and the Participating Agencies. City shall pay or cause the Transfer Station Operator to pay Contractor within fifteen (15) days after its receipt of the invoice and report. If City disputes a portion of an invoice, it shall pay the undisputed portion within fifteen (15) days and notify Contractor in writing of the reason(s) for nonpayment of the disputed portion. City may request additional information from Contractor regarding an invoice and report within fifteen (15) days from receipt. Such request shall be in writing and shall describe the information requested with reasonable specificity. Contractor shall furnish the requested information to City within thirty (30) days from the date of the request. All disputes arising under this Section 4.04 shall be referred to binding arbitration pursuant to this Subsection. The arbitrator shall be selected and the arbitration conducted in accordance with the procedures set forth in Exhibit F. Notwithstanding the foregoing, in the event of a dispute between City and the Transfer Station Operator and/or the Participating Agencies regarding City's proportionate share of the invoice rather than the total amount due according to the invoice, City shall not withhold any portion of its payment, and Contractor shall have no obligation to refund any portion of said payment upon resolution of the dispute between City, the Transfer Station Operator and/or the Participating Agencies.” 10. Section 4.04(B) Annual Reconciliation shall be amended to read as follows: “4.04(B) Annual Reconciliation. At the end of each calendar year of the Term, Contractor shall submit to the Transfer Station Operator an invoice for Disposal Fees covering (1) the Minimum Quantity Disposal Fees not previously collected by Contractor and/or (2) the Excess Quantity Disposal Fees accrued during the year by the Transfer Station Operator on behalf of City and the Participating Agencies. A copy shall be sent concurrently to City. Contractor shall not be responsible for the allocation of Minimum Quantity Disposal Fees or Excess Quantity Disposal Fees between City and the Participating Agencies. City shall pay its share, if any, of such Fees to Contractor (through Sunnyvale or the Transfer Station Operator) within thirty (30) days after the City’s receipt of the copy of the invoice. As of the Commencement Date, required end of year invoicing will be as per Section 4.02(A)(ii).” 11. Section 5.02 Insurance shall be amended to read as follows: “5.02 Insurance. As of the Commencement Date: Page 8 of 11 A. Types and Amounts of Coverage. Contractor, at Contractor's sole cost and expense, shall procure from an insurance company or companies licensed to do business in the State of California and maintain in force at all times during the Term the following types and amounts of insurance: 1. Workers' Compensation and Employer's Liability. Contractor shall maintain workers' compensation insurance covering its employees in statutory amounts and otherwise in compliance with the laws of the State of California. Contractor shall maintain employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) per accident or occurrence. 2. General Liability. Contractor shall maintain commercial general liability insurance with a combined single limit of not less than Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) aggregate covering all claims and all legal liability for personal injury, bodily injury, death, and property damage, including the loss of use thereof, arising out of, or occasioned in any way by, directly or indirectly, Contractor's performance of services under this Agreement. The insurance required by this Subsection shall include: a. Premises Operations; b. Independent Contractor's Protective; c. Products and Completed Operations; d. Personal Injury Liability coverage for insured contracts; e. Broad Form Property Damage, including Completed Operations. The General Liability insurance required herein shall be written on an "occurrence" (not an "accident"), rather than a "claims made" basis, if such coverage is obtainable. If it is not obtainable, Contractor shall arrange for "tail coverage" to protect City from claims filed after the expiration or termination of this Agreement relating to incidents which occurred prior to such expiration or termination. The insurance policies required by this Section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category XV or larger and a rating classification of A or better. B. Owned, Non-Owned, and Hired Motor Vehicles. Contractor shall maintain insurance with limits of $10,000,000 per occurrence and $10,000,000 aggregate for bodily injury, personal injury and property damage for owned, non-owned and hired motor vehicles. ISO Occurrence Form CG 0001 or equivalent is required C. Pollution Liability. Contractor shall maintain Contractor’s pollution liability insurance with limits in an amount of not less than One Million Dollars ($1,000,000) per occurrence and annual aggregate covering claims for on-site, under-site, or off-site bodily injury and property damage and remediation as a result of pollution conditions arising out of its operations under this Agreement. Page 9 of 11 D. Required Endorsements. The general liability policy shall contain endorsements or provisions in substantially the following form: "Thirty (30) days prior written notice shall be given to the City of Palo Alto in the event of cancellation of this policy. Such notice shall be sent to: City Manager, City of Palo Alto, P.O. Box 10250, Palo Alto, CA 94303.” "The City of Palo Alto, its officers, employees, and agents are additional insureds on this policy." "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by the City of Palo Alto, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." "This policy shall contain a separation of insureds provision to provide that the policy shall protect Contractor and the City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase the company's liability as set forth in the policy beyond the amount shown or to which the company would have been liable if only one party had been named as an insured." E. Delivery of Proof of Coverage. On or before the Effective Date, Contractor shall furnish City with certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall have all required endorsements. Contractor shall periodically furnish renewal certificates to City to demonstrate maintenance of the required coverages throughout the Term. F. Other Insurance Requirements. 1. In the event any services are delegated to a subcontractor, Contractor shall require such subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the subcontractor’s employees engaged in the work. The liability insurance required by Section 5.02.A.2 shall cover all subcontractors or the subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 5.02. 2. Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Contractor from any obligation under this Agreement, including those imposed by Section 5.01. If any claim is made by any third person against Contractor or any subcontractor on account of any occurrence Page 10 of 11 related to this Agreement, Contractor shall promptly report the facts in writing to the insurance carrier and to City. If Contractor fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Contractor's expense, such insurance as it may deem proper and deduct the cost thereof from any monies due Contractor.” 12. Section 10.04 Status of Disposal Facility shall be amended to read as follows: “10.04 Status of Disposal Facility. As of the Commencement Date, the Disposal Facility has been designed and constructed in accordance with 23 California Code of Regulations Section 2510 et seq. ("Subchapter 15"). The Disposal Facility has been issued all permits from federal, state, regional, county and city agencies necessary for it to operate as a Class 3 Sanitary Landfill. The Disposal Facility is authorized, under its permits, as amended, to accept all Municipal Solid Waste at the daily flow rates, and at the times of delivery contemplated in this Agreement delivered to it. The Disposal Facility has sufficient remaining capacity, not committed to others by contract, to accommodate Municipal Solid Waste in the amount equal to the total of the Participating Agencies' Reserve Disposal Capacity. The Disposal Facility is being operated in accordance with all its permits. Contractor has contractual rights with the owner of the property on which the Disposal Facility is located to operate the Disposal Facility for a period of at least forty (40) years from the Effective Date of this Agreement.” 13. Appendix 1, Definition of Contractor shall be amended as of the Commencement Date by changing “Waste Management of North America, Inc., an Illinois Corporation” to “Waste Management Holdings, Inc., a Delaware Corporation”. 14. Exhibit A-1 List of Allocation Quantities, In Tons. As of the Commencement Date, the Allocation Quantities for 2014 and later are hereby deleted. [Signatures on following page] Page 11 of 11 CITY OF PALO ALTO ____________________________ James Keene City Manager ____________________________ J. Michael Sartor Director, Public Works APPROVED AS TO FORM: _____________________________ Senior Asst. City Attorney WASTE MANAGEMENT OF CALIFORNIA, INC. By: ___________________________ Name: ___________________________ Title: ___________________________ Date: ___________________________ CITY OF PALO ALTO OFFICE OF THE CITY CLERK December 2, 2013 The Honorable City Council Palo Alto, California Second Reading: Adoption of an Ordinance to Add Chapter 16.61 to the Municipal Code to Establish a Public Art Program for Private Development (First Reading, November 12, 2013 PASSED: 8-0 Burt absent) This is a second reading for the Ordinance, no changes were made when first heard. ATTACHMENTS:  Attachment A: Public Art Ordinance (PDF) Department Head: Donna Grider, City Clerk Page 2 NOT YET APPROVED 131107 sh 0140096 1 ORDINANCE NO. _____ Ordinance of the Council of the City of Palo Alto Amending the Municipal Code to add Chapter 16.61 (Public Art for Private Developments) The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Purpose. The City Council finds and declares that: (a) A robust public art program fosters economic development, creates vital public spaces, and promotes general health and welfare by contributing to a more desirable community in which to live, work and recreate. Well-conceived and executed works of art that are integrated into their sites and accessible to the public enhance the value of development projects, create greater interest in leased space, promote cultural tourism, create a sense of place and make a lasting a visible contribution to the intellectual, emotional and creative life of the community at large, thereby helping to mitigate the impacts of development. The experience of public art makes public areas of buildings and grounds more inviting and engaging. (b) To ensure that public art is present and sustained throughout the community, it is necessary to require that private development projects in the City of Palo Alto provide public art on site or, alternatively, contribute to a public art fund so that public art can be established elsewhere in the community. (c) The purpose of this Chapter is to establish a public art requirement for private developments and to authorize the City Manager to establish regulations and guidelines to effectuate the intent of this Chapter. SECTION 2. The Palo Alto Municipal Code is amended to add Chapter 16.61 “Public Art for Private Developments”. SECTION 3. The Palo Alto Municipal Code is amended to add Section 16.61.010 “Definitions”. 16.61.010 Definitions For the purposes of this Chapter, the following definitions shall apply: “Affordable Housing Developments” means a project where 100% of the units are affordable to a “moderate,” “low” or “very low” income household, as those terms are defined by the California Department of Housing and Community Development, as applicable to Santa Clara County. “Art” or “Work of Art” means original artist-designed and produced unique works in any of a variety of styles and forms. NOT YET APPROVED 131107 sh 0140096 2 “Artist” means a practitioner of the creative arts, generally recognized as such by critics and peers, with a body of work including commissions, exhibitions, sales, publications, and collections. For the purposes of this Chapter, “artist” shall not include: (i) persons primarily working in the professional fields of architecture, engineering, design or landscaping; (ii) an employee or relative of the development project architect, landscape architect, engineer or project manager; (iii) any person with a business interest in a development project or with respect to individuals or entities serving as project architects, landscape architects, engineers or project managers; or (iv) a relative of or anyone with a financial interest with respect to an individual or entity serving on an art selection panel for the development project. “Developer” means a person or entity that is financially and legally responsible for the planning, development and construction of any development project covered by this Chapter. The developer may or may not also be the project owner. “Development Project” means any commercial or residential development described in Section 16.61.40 (a). “Historic Renovation” means a Development Project involving preservation of a historic resource listed on or eligible for listing on the California Register of Historical Resources, where such preservation follows the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstruction Historic Buildings or the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. “Public Art” means a work of art that is visible or accessible to the public for a minimum of 40 hours per week. Public art is generally large-scale and may include sculpture, painting, installations, photography, video, works of light or sound, or any other work or project determined by the Public Art Commission to satisfy the intent of this Chapter, provided, however, that none of the following shall be considered public art for the purposes of satisfying the requirements of this Chapter: (i) Objects that are mass produced of standard design, such as banners, signs, playground equipment, benches, statuary, street or sidewalk barriers, or fountains; (ii) Reproduction, by mechanical or other means, of original works of art, except as incorporated into film, video, photography, printmaking or other derivative works as approved by the Public Art Commission; (iii) Decorative, architectural, or functional elements that are designed by the building architect or landscape architect as opposed to an artist commissioned for this purpose; or NOT YET APPROVED 131107 sh 0140096 3 (iv) Landscape architecture or gardening, except where these elements are designed by an artist and are an integral part of a work of art. “Public Art Commission” means the Commission established by Chapter 2.18 of the Municipal Code. SECTION 4. The Palo Alto Municipal Code is amended to add Section 16.61.020 “Application”: 16.61.020 Application (a) This Chapter shall apply to all new commercial developments (including mixed use projects), including new construction, remodels, additions and reconstruction that (i) have a floor area of 10,000 square feet or more, and (ii) have a construction value of $200,000 or more, exclusive of costs for architecture, design, engineering and required studies; and all new residential projects of five or more units. (b) Notwithstanding subsection (a) above, this Chapter shall not apply to: i. Buildings or structures primarily used for religious worship; ii. Historic renovations; iii. Affordable housing developments; iv. Municipal facilities; v. Repair or reconstruction of structures damaged by flood, fire, wind, earthquake or other disaster; vi. Seismic retrofit projects; or vii. Any project exempted by federal or state law. (c) In mixed use projects, those portions of projects excluded from application of this Chapter under subsection (b) shall be subtracted from the project for purposes of determination of applicability under subsection (a), above, and from construction valuation under Section 16.61.040 and 16.61.090. SECTION 5. The Palo Alto Municipal Code is amended to add Section 16.61.030 “Public Art Requirement for Private Developments”: 16.61.030 Public Art Requirement for Private Developments Before a certificate of occupancy is issued for any development project subject to this Chapter, the developer shall participate in the construction or installation of on-site public art under Section 16.61.040, or, at the developer’s option, make a contribution to the Public Art Fund in lieu of providing on-site art, as provided in Section 16.61.090. NOT YET APPROVED 131107 sh 0140096 4 SECTION 6. The Palo Alto Municipal Code is amended to add Section 16.61.040 “On-Site Public Art”: 16.61.040 On-Site Public Art (a) A developer may satisfy the requirements of this Chapter by constructing or installing on-site public art valued at 1% of the first $100 million construction valuation, adjusted as described in subsection (b) below, and .9% of construction valuation for valuation in excess of $100 million. For purposes of budgeting and planning for on-site art, an initial estimate of the art contribution shall be calculated based on estimated construction valuation at the time of application for entitlements. The arts contribution shall be finally determined based on the construction valuation determined at the time the building permit is issued. (b) Beginning in FY 2015 and annually thereafter, the Director of Planning and Community Development shall adjust the ceiling for 1% valuation as set forth in subsection (a) above to reflect increases in the Consumer Price Index for All Urban Consumers. (c) If the market value of the on-site public art is greater than the art contribution provided in Subsection 16.61.040(a), the City shall have no obligation to refund the excess amount. If expenditures do not utilize the entire amount provided in 16.61.040(a), the remainder shall be deposited into the Public Art Fund. SECTION 7. The Palo Alto Municipal Code is amended to add Section 16.61.050 “Eligible Expenditures for On-Site Public Art Projects”: 16.61.050 Eligible Expenditures for On-Site Public Art Projects The public art contribution for on-site installation may be expended only on costs associated with the selection, acquisition, purchase, commissioning, design, fabrication, placement, installation or exhibition of the public art, and project management and administrative costs not to exceed 20% of the total budget. Eligible expenditures include: (a) Artist fees; (b) Labor of assistants, materials, and contracted services required for design, fabrication, engineering and installation of the public art; (c) Any required permit or certificate fees and reasonable business and legal costs directly related to the public art; (d) Reasonable art consultant fees, as established in regulations or guidelines approved by the City Manager to implement this Section; NOT YET APPROVED 131107 sh 0140096 5 (e) Communication, utilities, insurance and other indirect costs associated with the creation but not the operation of the public art; (f) Transportation of the public art to the site; (g) Preparation of the site specifically required for the public art, such as fabrication of platforms or pedestals; (h) Installation of the public art; (i) Mountings, anchorages, containments or other materials necessary for installation of the public art; (j) Public art project management and administration, in an amount not to exceed 20% of the total art contribution; and (k) A plaque or plaques identifying the public art. SECTION 8. The Palo Alto Municipal Code is amended to add Section 16.61.060 “Ineligible Expenditures for On-Site Public Art Projects”: 16.61.060 Ineligible Expenditures for On-Site Public Art Projects Expenditures that are ineligible to be counted toward the on-site public art contribution include: (a) Labor of assistants, materials, and contracted services not required for design, fabrication, engineering and installation of the public art; (b) Promotional materials or activities for the artist, the public art, the development project, the developer or other parties involved in the development project; (c) Opening, dedication or other costs of events for the public art, artist, developer or development; (d) Services, materials, utilities or other expenses association with the ongoing operation or maintenance of the public art; and (e) Land costs or any other costs associated with the development that are not part of and solely attributable to the public art. // // NOT YET APPROVED 131107 sh 0140096 6 SECTION 9. The Palo Alto Municipal Code is amended to add Section 16.61.070 “Process for Planning and Approval of On-Site Public Art”: 16.61.070 Process for Planning and Approval of On-Site Public Art (a) Application and Planning. Within 60 days of initial application for permitting or other discretionary approval, the developer shall consult with the Public Art program staff regarding a plan for meeting the requirements of this Chapter. This consultation must be complete before the development project is calendared for consideration by a public body, including the Architectural Review Board, Planning & Transportation Commission or City Council, and before the Director of Planning and Community Environment issues any approvals with respect to the project. (b) Public Art Commission Review and Approval. If the developer elects to comply with this Chapter by providing on-site art, the developer’s public art plan must be presented to the Public Art Commission. The plan should include the process by which the art and artist will be selected while ensuring that no single artist be commissioned for more than 3 public art in private development projects within Palo Alto, the type of art proposed, a plan to integrate the art into the site, and a proposed budget and schedule of payments. The Public Art Commission shall render a decision whether the proposed public art plan conforms to the requirements and intent of this Chapter within 90 days of submission of a complete application, as determined by the Director of Planning and Community Environment, in consultation with the Public Art program staff. The developer shall not enter into contracts or make expenditures until the Public Arts Commission approves the on-site art plan. In addition, before initiating fabrication and installation of the on-site art, the developer shall return to the Public Art Commission for final approval of the artist and the proposed public art. The Public Art Commission shall render a decision within 60 days of submission of a complete proposal, as determined by the Director of Planning and Community Environment, in consultation with the Public Art program staff. No building permit may issue until the Public Art Commission issues the approvals required under this subsection. SECTION 10. The Palo Alto Municipal Code is amended to add Section 16.61.080 “Additional Requirements for On-Site Public Art”: 16.61.080 Additional Requirements for On-Site Public Art (a) Plaque. The public art shall be identified by a plaque that meets the standards in use by the City at the time of installation of the public art. (b) Ownership and Maintenance. All on-site public art shall remain the property of the property owner or the property owner’s successor in interest. The property owner shall retain the obligation to provide all necessary maintenance to preserve the public art in good condition. Immediately upon installation and continuously thereafter, the developer and the property owner shall maintain the public art and shall promptly perform all NOT YET APPROVED 131107 sh 0140096 7 necessary repairs and maintenance to the satisfaction of the City. The obligation to maintain and preserve the public art includes the obligation to take reasonable steps to protect the public art against destruction, damage or modification. (c) Location and Relocation of Public Art. Except as provided herein, the public art must remain at the development in the location approved by the Public Art Commission. A property owner may petition the Public Art Commission to relocate the public art within the development project. When and if the development project is sold, the public art must remain at the development and may not be claimed as the property of the seller or removed from the site. If the development is to be demolished, the owner must relocate the public art to another publicly accessible permanent location approved in advance by the Public Art Commission. (d) Removal and Replacement of Public Art. If the owner desires to deaccession, sell or remove the art from the site, the owner shall give prior notice to the City by providing written notice to the Public Art program staff no less than 90 days before the intended action. The owner must receive prior approval from the Public Art Commission. The developer will be required to replace the sold or de-accessioned artwork with an alternative work of equivalent or greater value, as determined by the Public Art Commission, in current dollars. In the alternative, the developer may elect to pay fees in lieu of replacing on-site art, at a reasonable rate equivalent to the cost of replacing the art in current dollars, as determined by the Public Art Commission. (e) Statutory and Contractual Rights of Artists. The owner is solely responsible for complying with all statutory and contractual rights of the artist, including rights under the California Preservation of Works of Art Act, the federal Visual Artists’ Rights Act, and any other applicable law. (f) Covenant; Recordation. The property owner shall record against the property a declaration of covenants, conditions and restrictions, in favor of the City, and in a form approved by the City Attorney. The declaration shall include (i) the owner’s obligation to provide all necessary maintenance of the public art, including preservation and restoration of the public art, in good condition, to the reasonable satisfaction of the City, and to protect the public art against destruction or damage; (ii) the owner’s obligation to ensure that the public art is accessible to the public as required by this Chapter; and (iii) any other terms reasonably necessary to implement this Chapter. (g) Inspection; Remedies. The City shall have the right to inspect the public art, on reasonable notice, to ensure compliance with this Chapter. Failure to maintain the public art as required by this Section is hereby declared to be a public nuisance. The City may remedy the public nuisance and may pursue additional remedies to obtain compliance with this Chapter. In addition to all other remedies provided by law, in the event the owner fails to maintain the public art, on reasonable notice the City may perform all necessary repairs and NOT YET APPROVED 131107 sh 0140096 8 maintenance, or may secure insurance or other needed services, and the costs thereof shall become a lien against the real property. SECTION 11. The Palo Alto Municipal Code is amended to add Section 16.61.090 “Developer’s Option to Pay Fees to Public Art Fund In-Lieu of Providing On-Site Art”: 16.61.090 Developer’s Option to Pay Fees to Public Art Fund In-Lieu of Providing On-Site Art In lieu of installation of on-site public art, the developer may elect to make a monetary contribution to the Palo Alto Public Arts Fund. The amount of the contribution shall be the cost of the public art required by Section 16.61.040. A developer who elects to satisfy the requirements of this Chapter through a contribution to the Fund must complete the payment in-lieu prior to the issuance of any building permit for the development project. SECTION 12. The Palo Alto Municipal Code is amended to add Section 16.61.100 “Inspection and Final Approval.” 16.61.100 Inspection and Final Approval. Before a Certificate of Occupancy is issued for the development project, the City shall inspect and confirm that either: (i) public art has been installed as required by the Public Art Commission approvals and to the satisfaction of the Director of Planning and Community Environment, in consultation with the Public Art program staff; or (ii) in-lieu contributions have been paid in full. In addition, before a Certificate of Occupancy is issued, the City shall confirm that the developer has executed and recorded a covenant as required by Section 16.61.080(f). SECTION 13. The Palo Alto Municipal Code is amended to add Section 16.61.110 “Public Art Fund”: 16.61.110 Public Art Fund There shall be a fund entitled “Public Art Fund” to account for in-lieu contributions made under Section 16.61.090. This fund and the interest thereon shall be maintained by the Chief Financial Officer according to standard governmental accounting requirements. The Public Art Fund shall be reserved for the design, acquisition, commission and installation of new works of art and art experiences in Palo Alto, or for such other equivalent artistic purposes approved by the Public Art Commission. Funds may be used for project management and administration costs associated with acquisition of new works, not to exceed 20% of the project budget, and for the repair, maintenance, conservation and insurance of those works. Art works acquired through the Public Art Fund shall be owned by the City of Palo Alto and generally made accessible to the public. NOT YET APPROVED 131107 sh 0140096 9 SECTION 14. The Palo Alto Municipal Code is amended to add Section 16.61.120 “Regulations”: 16.61.120 Regulations The City Manager, or his or her designee, is authorized to adopt administrative regulations, procedures or guidelines that are consistent with and that further the terms and requirements of this Chapter. SECTION 15. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 16. Implementation. This ordinance shall be effective on the thirty- first day after the date of its adoption and shall immediately apply to all development projects that have not yet received final land use entitlements. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ City Attorney City Manager ___________________________ Director of Community Services ___________________________ Director of Administrative Services City of Palo Alto (ID # 4262) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/2/2013 City of Palo Alto Page 1 Summary Title: Georgetown University Energy Prize Title: Endorsement of the City's Participation in the Georgetown University Energy Prize Competition and Submittal of the City's Letter of Intent to Compete From: City Manager Lead Department: Utilities Recommendation Staff recommends that the City Council endorse the City’s participation in the Georgetown University Prize competition and the submittal of the City’s Letter of Intent to compete, and direct staff to complete subsequent application documents as required. Executive Summary Staff requests endorsement for the “Letter of Intent” to compete for the Georgetown University Energy Prize (GUEP). GUEP is a national competition among communities to develop and implement innovative, replicable, scalable and continual reductions in residential and municipal energy use. An incentive prize of $5 million, to be applied to additional efficiency efforts, has been set aside for the winning community. Background Energy efficiency has been widely determined to be the single most important source of “new” energy available to the world’s economies. To help tap that resource, Georgetown University’s Program for Science in the Public Interest, its Global Social Enterprise Initiative, and its Environment Initiative are launching GUEP in conjunction with a national prize for small to medium-sized communities. Discussion City of Palo Alto Page 2 The GUEP challenges U.S. communities to effectively work with their local governments and utilities. The competition will challenge participating communities to “develop and implement innovative, replicable, scalable and continual reductions in the per capita energy consumed from local natural gas and electric utilities.” Communities will be encouraged (but not required) to strengthen their planning and implementation processes via new or expanded partnerships with businesses, foundations, local colleges and universities, and other resources. Ancillary benefits will be to grow markets for products and services that both facilitate energy efficiency and the production of renewable, clean energy. Participating communities will be asked to develop a long-term energy efficiency plan and to demonstrate both initial effectiveness and sustainability over a two-year period. The main focus of this competition takes place from August 2014 to August 2016 (Stage 3) when the participating communities compete to see who can reduce the most electric and natural gas usage in their residential and municipal buildings. Savings will be normalized by taking the total usage of the residential and municipal buildings and dividing it by the number of residential accounts. Communities will be judged in part on their ability to: • Spur innovative approaches for communities to decrease their per capita energy usage; • Highlight best practices for communities to create and implement inventive plans for sustained energy efficiency; • Educate the public and engage students in energy efficiency issues including methods, benefits and the environmental costs of the full fuel cycle; • Increase the visibility of Georgetown University and competition sponsors who are working to facilitate new and creative approaches to energy efficiency. For this competition, a “community” is defined geographically by the limits of a municipality – a town, city, or county that has corporate status and local government. All small to medium municipalities in the U.S.A. with populations between 5,000 and 250,000 are eligible to apply. These limits to community size include approximately 65% of the U.S. population. The competition will be conducted in four stages over a three- year period beginning in 2013, initiated by a Letter-of-Intent period, during which communities will review and accept the final competition rules. The Utilities Department, with participation from Public Works, will take the lead on the application process. The Letter of Intent is non-binding and the City can terminate its participation in the competition at any time. By submitting the Letter of Intent, the City will receive priority attention regarding questions/comments and access to financial and technical resources provided by the GUEP. Before the competition begins, the City will need to submit a detailed plan for the community’s energy saving program. City of Palo Alto Page 3 Timeline Excluding the Letter-of-Intent stage, the total duration of the competition will be 36 months. Stage 0 – Letter of Intent: 6 months July, 2013 - February, 2014 Stage 1 – Application: 2 months February - April, 2014 Stage 2 – Quarterfinals Energy Efficiency Program Plans: 4 months April - July, 2014 Stage 3 – Semifinalist Performance Competition: 24 months August 2014 - August 2016 Stage 4 – Finalist Selection, Judging and Awards: 6 months August - December, 2016 The winning community will receive a projected $5M prize, to be spent on energy-efficiency programs that reward the community as a whole, such as continuing implementation of the energy saving program. Should the City win the competition, staff will seek direction from Council regarding where to apply the prize money. Resource Impact A non-binding Letter-of-Intent, and subsequent Application to compete for the prize, will reflect Council-approved current or planned energy efficiency programs of the City of Palo Alto Utilities and will not result in a significant change in operating revenues, expenses or staffing resources. Policy Implications This recommendation does not represent a change to current City policies. Environmental Review Council’s approval of the City’s participation in the Georgetown University Energy Prize competition does not meet the California Environmental Quality Act’s (CEQA’s), definition of a “project” pursuant to California Public Resources Code Section 21065, thus environmental review is not required. Attachments:  Attachment A: Georgetown University Energy Prize Letter of Intent (PDF) LETTER OF INTENT City of Palo Alto (name of "Community"), through this letter of intent CLOI"), expresses its intent to compete in the Georgetown University Energy Prize ("GUEP") and its wish to enter into the GUEP LOI Program (the "LOI Program") in order to gain access to experts and resources that will assist in preparing for the competition. Georgetown University ("Georgetown"), as the nation's oldest Catholic and Jesuit university, is a major international research university that embodies its founding prinCiples in the diversity of its students, faculty and staff, its commitment to Justice and the common good and Its intellectual openness. In keeping with its mission, Georgetown offers a wide variety of educational programs and activities, including the GUEP. Georgetown and Community may be referred to as a "Party" or the "Parties", as the context may require. The Parties hereby express their intentions, as of the date hereof, with respect to the following: 1. Intent to Compete. The electronic transmission of this LO!, the Community Description, and online information form, through the GUEP website (bt:tp:!!9yep.georgetown.edu/letter-of-intel'l!l shall indicate the Community's intent to compete in the GUEP beginning with the formal application period, which is currently expected to begin in January 2014. 2. LOI Program. The transmission of this Agreement shall enroll the Community in the LOI Program, which provides communities with access to: a. Early access to technical assistance from Georgetown experts and experts provided by GUEP supporters and advisers b. Priority attention to and response to feedback from Georgetown on the latest proposed GUEP rules c. Priority response from Georgetown to questions about the competition d. Early access to specialized promotional assistance 3. Non-Binding. While this LOI signifies the intent of the Community to compete, this LOI creates no binding obligation between the Community and Georgetown and may be terminated at any time (see Paragraph 6, below). 4. Future Agreement. This agreement does not constitute theflnal Master Competitor Agreement, which will be included with the formal GUEP application. Georgetown expects to make the formal application available in early 2014. 5. No Endorsement. Nothing in this LOI constitutes, nor shall it be deemed or construed to be, an endorsement byeither Party of the other Party's actions, products, services or public communications. guep.georgerown.edu LETTER OF INTENT 6. Term; Termination. a. This LOI shall have effect on the date of its submission to Georgetown, as set forth in Section 1, and shall terminate on the earlier of (X) April 30, 2014 or (Y) the date on which Community submits a formal Application to compete in the GUEP, whichever comes first. b. The Community may terminate this LOI before the end of the term for any reason. Notice of termination must be made in writing to the address set forth in Section 7 below. 7. Notices. Either party may provide notices to the other at the addresses set forth below. The date of notice shall be deemed to be the date of receipt. To Georgetown: Tali Malot Georgetown University Energy Prize 506 Reiss Science Building 37th and 0 Streets, N.W. Washington, DC 20057 To Community: James Keene (Name of Representative) City Manag'='er=------(Title) City of Palo Alto (Organization) 250 Hamilton Avenue (Street Address) -;;::-.~ --c..-:--===-----(Street Address) Palo Alto, CA 94301 (City, State Zipcode) (date) guep.georgetown.edu Georgetown University Energy Prize Community Description for: The City of Palo Alto What you want other cities to know about your community? Located 35 miles south of San Francisco and 14 miles north of San Jose, Palo Alto is a community of approximately 61,200 residents. The City encompasses an area of approximately 26 square miles, of which one-third is open space. A charming mixture of old and new, Palo Alto’s tree-lined streets and historic buildings reflect its California heritage. At the same time, Palo Alto is recognized worldwide as a leader in cutting-edge technological development. This exciting mix of tradition and innovation makes Palo Alto an extraordinary place in which to operate a business. Unique among California cities, Palo Alto is a full-service municipality that owns and operates its gas, electric, water, sewer, refuse and storm drainage services at very competitive rates for its customers. As befits the City known as "Birthplace of the Silicon Valley," the City has developed a 44-mile dark fiber ring for ultra-fast Internet access. Complementing its exciting and innovative business community, Palo Alto’s residents are highly educated, politically aware and culturally sophisticated. An abundance of local pride and numerous neighborhood organizations contribute to Palo Alto’s charming historic and upscale commercial and residential areas. Characteristic of Palo Alto is the care taken to protect open space and parkland. Palo Alto has a remarkable number of City-owned parks for its size, 34 at last count. Palo Alto’s San Francisco Bay location and natural environment offer the opportunity to enjoy bird and aquatic life in a natural habitat. Proximity to Stanford University with its cultural and educational offerings add to the vibrant, innate charm and beauty of Palo Alto. Sustainability and Efficiency Plans:  One of the first cities to develop a Climate Protection Plan (2007) with goal for the City and Community to reduce emissions by 15% below 2005 levels.  Carbon Neutral Electric Portfolio Plan – approved by Council 2013  Strategic Plan adopted with Goal of Zero Waste by 2021 – approved by Council 2005  Urban Water Management Plan – approved by Council 2010  Renewable Portfolio Standard – 33% renewable supply by 2015 with rate impact up to 0.5¢/kWh  10 Year Energy Efficiency Plan – approved by Council 2010  10 Year Natural Gas Efficiency Plan – approved by Council 2011  Green Building Ordinance requiring new construction to exceed state energy code by 15% - approved by Council 2008  California Green Building Code (CALGreen) with local amendments – adopted by Council 2010  Urban Forest Master Plan – currently under development Sustainability and Efficiency Awards and Rankings:  Ranked #1 Best Place to Live in 2014 by Livability.com  PaloAltoGreen- #1 Green Power Program in US by Customer Participation Rate since 2005  EPA Green Power Community - 4th City in US to meet qualifications, has met requirements every year since 2006  2003 Energy Innovator Award winner from the American Public Power Association for the development and ultimate energy-saving success of a water, energy and environmental management plan for city-owned buildings and facilities.  Ranked #7 in US for Solar Penetration per Utility Customer Sustainability and Efficiency Achievements and Practices:  LEED Silver Art Center and LEED Silver Downtown Library  Potential LEED Platinum Mitchell Park Library and Community Center currently under construction  Potential LEED Silver Main Library currently under construction  Public Interpretive Center at the Arastradero Preserve is solar battery operated (i.e., off the electric grid) and constructed with sustainable materials such as straw bales, recycled wood, Forest Stewardship Council certified wood, high fly ash content concrete (a waste byproduct of coal-fired electric plants) and solar water heaters.  Operate a fleet of City vehicles powered by Compressed Natural Gas (CNG).  Implement six smart grid pilot projects for residential and commercial electric, gas and water customers to study the efficiency potential of these technologies.  Implemented a Summer Demand Response program for the last three years. Last summer seven large commercial customers saved 600KW during a peak event.  Installed a $3M Department of Energy- funded ‘Photovoltaic Demonstration Project’ on City Facilities that showcase a variety of different types of PV installations (including trackers, carports, rooftop) in areas that are highly visible to the public.  Offer numerous water efficiency programs including free indoor and outdoor audits and rebates for water saving devices for both residential and commercial customers.  Offer rebates for reducing storm drain flow, including items such as green roofs and permeable pavement.  Conducted a demonstration project to compare the efficiency of a ground source heat pump system to energy efficient rooftop package units in side by side identical commercial buildings, and shared results. Brief Overview of person/entity submitting the letter of intent, and why they are well positioned to lead this effort. Under the guidance of the City Council and City Manager, this effort will be led by the City of Palo Alto Chief Sustainability Officer, the Director of Public Works and the Director of Utilities, who will direct staff to coordinate this effort. Since Palo Alto operates its own electric, gas and water utility, we are uniquely qualified to coordinate many aspects of this task under one roof. Below is a partial list of entities who could get involved in this effort: City Officials and Departments: City Council, City Manager, Public Works Department, Utilities Department, Regional Water Quality Control Plant, etc. Community Groups and Organizations: Palo Alto Community Environmental Action Partnership (CEAP), Carbon Free Palo Alto, Acterra. Educational Institutions: Stanford University, Palo Alto Unified School District. CITY OF PALO ALTO OFFICE OF THE CITY CLERK December 2, 2013 The Honorable City Council Palo Alto, California Adoption of Resolution Declaring Results of the Consolidated Special Municipal Election Held on November 5, 2013 Attached is the Resolution canvassing the results of the November 5, 2013, Consolidated Election. RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution. ATTACHMENTS:  Draft Resolution (DOC)  Certified Election Results (PDF) Department Head: Donna Grider, City Clerk Page 2 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DECLARING THE RESULTS OF THE CONSOLIDATED ELECTION HELD ON TUESDAY, NOVEMBER 5, 2013 WHEREAS, on November 5, 2013, a special election was consolidated and duly held in the City of Palo Alto pursuant to Part 3 of Division 10 of the Elections Code and Elections Code Section 9241, for the purpose of submitting Measure D to the voters of the City, in the form set forth below: Shall the Palo Alto Municipal Code be amended to rezone the property located at 567-595 Maybell Avenue from R-2 Low Density Residential and RM-15 Multiple Family Residential to Planned Community Overlay zone to include 12 single family units and 60 units of affordable senior housing? WHEREAS, due and legal notice of the special municipal election was given as required by law; and WHEREAS, on the 5th day of November 2013 at 7:00 a.m., the polls were duly and regularly opened for the special municipal election and the polls were continuously kept open until 8:00 p.m.; and WHEREAS, 41.0% of eligible voters cast ballots in the election; and WHEREAS, the Registrar of Voters of Santa Clara County has conducted a complete and official canvass of the returns of the election; and WHEREAS, Article III, Section 4 of the Charter of the City of Palo Alto requires the Council to act as the canvassing board to canvass the results of such elections; and WHEREAS, on December 2, 2013, the Council of the City of Palo Alto met at its usual place of meeting, canvassed the returns of the special municipal election and declared the results thereof; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council finds and declares that: (a) A special consolidated election was duly and regularly held on November 5, 2013, pursuant to Elections Code Section 9241 and the election laws of the State of California for the purpose of considering Measure D. (b) The total number of votes cast in the City at said Special Election, including votes cast upon absentee ballots, was 15,014. (c) The total number of votes given and cast for Measure D at said election, including votes cast upon absentee ballots, was as follows: YES 6,538 NO 8,476 TOTAL 15,014 (d) The results do not have a majority of votes for Measure D; therefore the Measure is not approved. SECTION 3. Attached hereto as Exhibit "A" and incorporated herein by this reference is the statement of the results as required by Section 10264 of the California Elections Code. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: _____________ __________________________ City Clerk Mayor APPROVED AS TO FORM: _____________________________ City Attorney City of Palo Alto (ID # 4294) City Council Staff Report Report Type: Study Session Meeting Date: 12/2/2013 City of Palo Alto Page 1 Summary Title: Initiate Community Conversation on Planning and Transportation Matters Title: Initiating a Community Conversation on the Future of the City Including the Comprehensive Plan, Planned Community Zoning, Parking and Traffic Strategies and Related Matters From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council conduct a study session to discuss initiation of an expanded public dialog regarding the future of the city, including ongoing efforts to update the City’s Comprehensive Plan, re-examination of Planned Community (PC) district zoning, and other land use and development issues. Executive Summary On November 12, 2013, Mayor Scharff and City Manager Keene removed two large development projects from the Council’s agenda and scheduled this initial study session on the future of the City. This study session provides an opportunity for public input and Councilmember questions and comments regarding land use and development issues in the City. Possible issues for discussion include:  How should we initiate and engage in a robust public dialog about the future of the City, especially as it relates to existing commercial corridors and Pedestrian and Transit Oriented Development (PTOD) districts?  How should this dialog relate to ongoing efforts to update the City’s Comprehensive Plan and projects such as the Downtown Cap study, 27 University outreach, etc.?  How should we re-examine the Planned Community (PC) process and address the community’s concerns about the exchange of new development entitlements for public benefits? City of Palo Alto Page 2  How should we ensure transparency, consistency, and predictability for development applications that conform with current zoning?  Which traffic and parking solutions can be implemented in the short term, and how will the cumulative impacts analysis associated with the Comprehensive Plan Update inform decision making in the long term?  Are there other questions related to zoning and land use that should be considered separately or in tandem with the Comprehensive Plan update? At the closure of the study session, staff will attempt to summarize direction from the Council. One or more action items will be brought back to the Council for formal direction early in the 2014. Background Palo Alto will be a vital, attractive place to live, work, and visit. The elements that make Palo Alto a great community – its neighborhoods, shopping and employment centers, civic uses, open spaces, and natural resources – will be strengthened and enhanced. The diverse range of housing and work environments will be sustained and expanded to create more choices for all income levels. All Palo Alto neighborhoods will be improved, each to have public gathering spaces, essential services and pedestrian amenities, to encourage less reliance on the automobile. Vision Statement from the Palo Alto 1998-2010 Comprehensive Plan The Comprehensive Plan is the City’s guiding planning document, setting forth the community’s vision when it comes to land use and related issues. Each time an individual project or rezoning is considered, that decision is required to be consistent with the policy framework of the Plan. This does not mean that every decision is required to be consistent with every policy and program of the Plan, but each must be consistent on balance with the Plan as a whole, and with any mandatory policies of the Plan. Palo Alto’s current comprehensive plan was adopted in 1998 and has served this community well. It envisions a city of neighborhoods and a vision for the future that is expressed through the major themes of the document:  Building Community and Neighborhoods;  Maintaining and Enhancing Community Character; City of Palo Alto Page 3  Reducing Reliance on the Automobile;  Meeting Housing Supply Challenges;  Protecting and Repairing Natural Features;  Meeting Residential and Commercial Needs, and  Providing Responsive Governance and Regional Leadership The Comprehensive Plan articulates key values, expressed through policies and action items including such things as a limit on non-residential growth in the Downtown area (Program L-8) and throughout the City (Policy L-8), promoting decisions that encourage walking, bicycling and public transit use (Policy T-1), development of strategies to increase housing density and diversity in appropriate locations (Policy H-2) and encouraging new businesses that meet the City’s business and economic goals (Policy B-9). In general, the Comprehensive Plan establishes a land use regime that is protective of low- density residential neighborhoods (typically zoned R-1, R-2, and RMD) and open space areas. It is supportive of commercial enterprises, but effectively targets growth and change to fully- developed commercial areas such as Downtown, the California Avenue area, Stanford Shopping Center and the Research Park, El Camino Real and interstitial areas comprising approximately 5% of the City. The Comprehensive Plan also recognizes the challenges in providing diverse and high-quality housing opportunities. Again, it is protective of existing residential neighborhoods, but supportive of higher density in appropriate locations. The City has a long history of support for affordable housing, including the adoption of an inclusionary housing ordinance in the mid- 1970s, the establishment of affordable housing impact fees, and support for local, state and federal programs that help to preserve and enhance the City’s affordable housing supply. The initial Housing Element adopted with the Comprehensive Plan and the revised Housing Elements that have been adopted in conformance with State requirements since that time have all contained policies and programs that address the housing challenges the City continues to experience. City of Palo Alto Page 4 Palo Alto 1998-2010 Comprehensive Plan, Land Use Map (as amended through 2013). Single- family neighborhoods are shown in yellow; open space and public uses are green. The Comprehensive Plan Amendment Unfortunately (since the plan is such a good one), the future that the Comprehensive Plan envisioned was 2010, and in 2006, the Council directed staff and the PTC to begin work on an update. City Council initiated the Comprehensive Plan amendment project in 2006. Funding for the project was allocated in 2007 and a consultant team was selected in 2008. The amendment was intended not to overhaul the Comprehensive Plan and the Council adopted work program reflects the primary purposes of the amendment which includes:  Extending the horizon year of the Plan to 2020 (this was later extended to 2025),  Updating baseline data and growth projections,  Modifying the vision statements, policies and programs as needed to address the focus of the Comp Plan Amendment,  Ensuring the retention of sufficient land for neighborhood-serving retail uses and commercial growth, City of Palo Alto Page 5  Preparing concept plans for East Meadow Circle area and California Avenue area and identify appropriate land use and zoning changes,  Adequately mitigating impacts of increased housing on community services such as parks, libraries and schools; and  Addressing the City's commitment to climate protection and sustainability. City Staff worked with the PTC between 2008 and 2010 to review the existing elements, background reports on baseline growth topics, and information regarding the two concept area plans. In 2010, the PTC and Council held a joint study session to address the Comp Plan amendment work plan, including the recommended approach to the Housing Element update. In addition, the Council provided direction regarding updated growth projections, updates to the Comp Plan structure, vision, goals, policies and program statements, and additional work regarding review of the South El Camino Real Design Guidelines and LEED for neighborhood Development (LEED-ND). From 2010 to present, City staff and PTC sub-committees have met to review each element of the Comp Plan. The Comp Plan subcommittee process has been effective in identifying necessary changes to the Comp Plan including creating a clearer, cohesive and less redundant policy document. The original work program to update the structure, vision, goals and program statements has developed into a more robust update as a result of the subcommittee process. This involved rearranging chapters and elements and substantially changing the format of the existing plan. New policies and programs are included to clarify existing policies and programs and to accommodate new State requirements. As of November 2013, the PTC has reviewed and recommended inclusion of the following draft elements into the Comp Plan amendment:  Housing  Land Use  Transportation  Community Services & Facilities  Natural Environment Work continues on the Business & Economics and Governance elements. It is expected that all elements will have been reviewed by the PTC prior to the end of Q1 2014. Please see Attachment A for more information regarding the ongoing Comprehensive Plan amendment process. City of Palo Alto Page 6 Community Changes Since the Comprehensive Plan was Adopted It’s obvious to most people that the economic, social, and environmental landscape has changed significantly since the Comprehensive Plan was adopted in 1998. The City has experienced boom and bust cycles in the economy, affecting employment, housing demand, and office development. The City has been relatively well-positioned to adapt to these cycles and although we’ve had to cope with lean budget years and reductions in city services, the strength of our commercial sectors, residential property values, and school district achievements have brought us through difficult times. As a result, the City overall enjoys a high- level of resident, visitor and business community satisfaction. Despite emergent concerns about traffic and parking (issues Palo Alto shares with other cities across the Bay Area), citizens continue to rank Palo Alto very high in the annual City Survey conducted by the National Research Service. Recently, Palo Alto was named #1 on the Top 100 Best Places to Live by Livability.com, a national website that ranks quality of life amenities of America’s small and mid-sized cities. It certainly could be argued that the changes Palo Alto has experienced over the past 15 years have contributed to the success and the challenges our city continues to experience. The following charts illustrate some of the change we’ve experienced: City of Palo Alto Page 8 Source: City of Palo Alto Traffic Counts for 1999 and 2013 City of Palo Alto Page 9 Source: Caltrans Annual Traffic Counts City of Palo Alto Page 10 Recent Development and Community Concerns Palo Alto has successfully navigated out of the “Great Recession” and is now facing new challenges and concerns regarding the pace of development, although development over the last 15 years has not exceeded the two non-residential development limits adopted as part of the 1998 Comprehensive Plan, as shown below. Also, most of the pending development applications that can be characterized as “major” proposals, in the sense that they would add 10,000 gross square feet or more, conform to the zoning regulations that were established to implement the Comprehensive Plan. City of Palo Alto Page 11 1989 – 2013 Non-Residential Development within the 1989 Land Use Study Areas Total Development Potential – Growth Monitoring 3,257,900 sq. ft. Net Non-Residential Square Feet Gained thru August 2013 1,570,033 sq. ft. Remaining Square feet in Growth Monitoring 1,687,867 sq. ft. City of Palo Alto Page 12 Commercial Downtown Zone District Non-Residential Growth Cap Commercial Downtown Zoning Districts Growth Cap 350,000 sq. ft. Net Non-Residential Square Feet Gained thru August 2013 256,939 sq. ft. Remaining Square feet in Growth Monitoring 93,061 sq. ft. City of Palo Alto Page 13 In-process Major Development Projects as of November 12, 2013 Address Project Description Status PC? 640 WAVERLEY Prelim ARB mixed-use building with two dwelling units and commercial area of 10,463 sf (demo existing one story). Zoning issues under review no 500 UNIVERSITY AV New three-story building (26,806 sf replacing 15,899 sf) with ground floor retail, two floors of office and two levels below grade parking. First and second ARB Prelim completed, ARB 12/5/13 no 2500 EL CAMINO REAL New four-story mixed use project with 70 residential units (one, two and three bedroom units) of BMR rental housing and approximately 7,300 square feet of commercial space. ARB Prelim completed; formal app received 11/7 no 261 HAMILTON Addition to University Arts Building 6,900 sf; generating 15K TDRs without parking exceptions. Formal application submitted no 636 MIDDLEFIELD Prelim ARB for three residential units. ARB Prelim to be scheduled no 777 WELCH Prelim ARB for 22,820 sf of new construction (demo 3,048 sf). ARB Prelim scheduled 11/21/13 no 429 UNIVERSITY Prelim ARB for one dwelling unit and 16,500 sf commercial (existing 6,600 sf). ARB Prelim 11/7/13 no 180 EL CAMINO REAL Prelim ARB for 133,580 sf retail and renovation (replacing same sf). ARB Prelim 10/3/13 no 385 SHERMAN Prelim ARB for 55,566 sf mixed use building. ARB Prelim 12/5/13 no 2555 PARK Formal ARB for 23,269 sf office; demo existing building. Historic review initiated no 2609 ALMA Prelim ARB for four-unit multi-family residential condos. ARB Prelim January 2014 no City of Palo Alto Page 14 In-process Major Development Projects as of November 12, 2013 Address Project Description Status PC? 441 PAGE MILL RD New 32,524 sf mixed use building (21,540 sf commercial and 8 residential units) and one level of below grade parking. Formal submittal of a Site and Design application on 7/29/13 no 2609 ALMA Preliminary Architectural Review Board review of a new four unit multifamily residential condominium project. Prelim ARB no 3877 ECR Preliminary ARB review for new two story mixed use project in at the Compadres site. 18 dwelling units and 3,000 sf. commercial Prelim ARB no 395 PAGE MILL ROAD AND 3045 PARK BLVD Planned Community and Comp Plan Amendment for New Office Buildings, Structured Parking and Public Safety Building PTC Initiated PC 7/10/13; ARB review 9/19/13. Applicant holding community meetings yes 1050 PAGE MILL ROAD Prelim ARB for a 284,000 sf. office building ARB 12/5/13 no 816 SAN ANTONIO AV Minor ARB approval to allow a 8,200 square foot structure for Hertz Rent-a- Car. Notice of incomplete issued to applicant no 240 HAMILTON AV Major ARB and variance to allow a new 15,000 sf mixed use building. ARB Approved 7/18/13, appealed no 1875 EMBARCADERO RD Site and Design Review for the golf course reconfiguration project. Pending Council review PTC and ARB completed no 3980 EL CAMINO REAL APT 001 PC Application for conversion of Buena Vista Mobile Home Park. Project under review yes 2755 EL CAMINO REAL PC for a 19,563 sf, four story mixed use building with three stories of below grade parking. CC prelim was February 2013. 9/11/13 PTC Planned Community initiation continued to date uncertain yes City of Palo Alto Page 15 The development described above represents a portion of the total number of projects under review by Planning staff and other City representatives; it includes projects that would do any of the following: add over 5,000 square feet of net new floor area, require design review under the Site & Design process, consist of a major subdivision and/or a Preliminary Review of a major project. As illustrated in the charts in the preceding section, the Development Services Department issues a significant number of building permits each year, with total building permit valuation approaching $600 million in FY 2013. New developments typically represent an increased intensity of use at each site as compared to the existing conditions. This increased intensity of use can place additional demands on the roadway network and automobile parking infrastructure. Citizens have clearly communicated their concerns regarding the perceived increase in automobile traffic, the reduction of available parking spaces in public-owned lots, automobile parking intrusion into residential neighborhoods adjacent to commercial areas, and overall difficulty in moving through intersections due to traffic congestion. As illustrated earlier, daily traffic volumes ebb and flow over time, and with the end of the recession, volumes are approaching levels attained during the Dot-Com boom. In addition, local and regional traffic congestion is noticeably worse for drivers, whether they’re commuting long distances, or making short local trips. Complaints about traffic and parking are widespread across the Bay Area. Architecture & Design A relatively recent community concern engendered by ongoing development activity relates to the architecture and design of newly constructed buildings. Some community members have complained that the Architectural Review Standards, contained within the Municipal Code, are not being applied strictly and evenly and as a result, new buildings do not meet the level of architectural quality that Palo Alto expects. This concern about design compatibility is often expressed as a critique of individual projects that have been approved since the adoption of the 1998-2010 Comprehensive Plan. Some of these projects are listed in the following table: City of Palo Alto Page 16 Sample of Significant Projects Approved Since Adoption of 1998-2010 Comprehensive Plan Projects Zoning Year Approved 800 High Street- multi-family residential PC 2003 Vantage of Palo Alto ROLM 2003 Echelon- multi-family residential, East Meadow Drive ROLM 2004 Downtown parking garages (High Street & Bryant) PF/PC 2000 Hyatt Ricky’s/Arbor Real- multi-family residential CS/CN/R- 1/RM-15 2005 TKCJL- community center and residential PC 2006 Altaire- Fabian Way, multi-family residential, affordable housing PC 2006 801 Alma- affordable housing RT-50 2009 Sterling Park multi-family residential, E. Bayshore Rd. ROLM 2007 Elks Lodge/Rosewood Gate- multi-family residential and private lodge RM- 15/RM- 30 2007 Palo Alto Bowl Site Redevelopment- hotel and multi-family residential CS 2009 Alma Plaza- retail and multi-family residential PC 2007 SUMC- hospitals modernization and expansion Hospital 2011 Edgewood Plaza- retail redevelopment PC 2013 101 Lytton- commercial office PC 2011 Source: Planning and Community Environment Department By comparison, there has been relatively little criticism of the post-war strip mall design of El Camino Real, for example, or other mediocre architecture from earlier periods. City of Palo Alto Page 17 Most importantly, discussion of some existing standards and their rigid application (height limit, for example) can contribute to poorer building design when the density and FAR (floor area ratio) of a project remains unchanged. A discussion of design as an integrated systems challenge and not simply a collection of individual standards and requirements could generate an important and needed conversation and improve design. Land Use & Transportation Studies In addition to considering and approving individual development applications that are consistent with the 1998 Comprehensive Plan, the City has undertaken numerous land use and transportation studies since the adoption of the Comprehensive Plan: Land Use and Transportation Studies Completed/In-progress since Adoption of 1998-2010 Comprehensive Plan Projects Completed / In-progress Downtown Cap Study In-progress Phase 1 data collection/analysis completion: May 2014 Phase 2 policy development and CEQA completion: October 2014 Comprehensive Plan Amendment  Transportation Element- Council review  Citywide Transportation Model- Council review  Land Use Element- Council review  California Avenue Concept Area Plan  East Meadow Circle/Fabian Way Concept Area Plan In-progress Completion Q2 2015 Q1 2014 Q1 2014 Q1 2014 PTC Review 11/20 Council approved Jan 2012 2014-2022 Housing Element In-progress Completion: Q1 2015 City of Palo Alto Page 18 Transportation survey Completed; to be Transmitted to Council 12/9/13 Residential Permit Parking (RPP) Programs In-progress, scheduled for Council discussion on 12/16/13 Parking studies In-progress, status will be provided at the RPP Council discussion on 12/16/13 California Avenue Streetscape In-progress, currently out to bid High Speed Rail/CalTrain Modernization In-progress El Camino Real Grand Boulevard Initiative In-progress Sidewalk Width Colleague’s Memo Implementation In progress, ARB & PTC input Q1 2014 Urban Forest Master Plan In-progress Completion June 2014 Parks & Recreation Master Plan In-progress Arts & Innovation District, 27 University On-hold, pending outcome of the 12/2/13 study session 1999-2006 Housing Element 2003 South of Forest Area Coordinated Area Plan I & II 2003- 2005 El Camino Real Design Guidelines Adopted by ARB in 2002 and incorporated in the Municipal Code in 2005) 2005 El Camino Real Master Plan Study 2007 Zoning Ordinance Update 2007 Baylands Master Plan 2009 Bicycle and Pedestrian Master Plan 2012 City of Palo Alto Page 19 Sustainable Communities Strategy, Plan Bay Area 2013 2007-2014 Housing Element 2013 Rail Corridor Study 2013 Source: Planning and Community Environment Department The renewed pace of development since the end of the recession, daily traffic and parking conditions, and the number of concurrent planning studies, have resulted in many people feeling that there is no coherent vision or narrative connecting individual project review and the various planning efforts underway. This feeling has led to significant discontent with the Planned Community (PC) district rezoning process as well some concerns that the Comprehensive Plan is being ignored or has lost its currency. Planned Community Development Rezoning to a PC district follows a set of procedures and standards, which are prescribed in Chapter 18.38 of the Palo Alto Municipal Code (PAMC). The PC process begins with PTC review of the concept plans, development program statement and draft development schedule. If the PTC recommends initiating the PC request, the development plan, site plan, landscape plan and design plans are submitted to the ARB for design review in the same manner as any commercial or mixed-use project. The environmental document is prepared and circulated prior to ARB consideration. The development plan recommended for approval by the ARB is then returned to the PTC, together with a draft PC ordinance and environmental document, for review and recommendation to the City Council. The PC ordinance would identify the permitted and conditionally permitted uses and site improvements, as well as a schedule for completion of the project. The Council may approve a PC zone change only if it finds that: 1. The site is so situated, and the use or uses proposed for the site are of such characteristics that the application of general districts or combining districts will not provide sufficient flexibility to allow the proposed development. 2. Development of the site under the provisions of the PC planned community district will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts. In make the findings required by this section, the Planning and Transportation Commission and City Council, as appropriate, shall specifically cite the public benefits expected to result from use of the planned community district. City of Palo Alto Page 20 3. The use or uses permitted, and the site development regulations applicable within the district shall be consistent with the Palo Alto Comprehensive Plan, and shall be compatible with existing and potential uses on adjoining sites or within the general vicinity. The PC process, whereby the City and a developer negotiate site-specific design and development standards in exchange for “public benefits,” is viewed by many as too opaque and transactional, allowing neighborhood impacts to be “traded” for benefits that accrue to those outside the immediate vicinity. The process and some of its outcomes (i.e. the public benefits resulting from individual projects) have been critiqued as inadequate, and the ad hoc nature of each separate negotiation has contributed to community concerns about the lack of a coherent set of values or vision for the future. The following table describes the Planned Community districts approved by Council since the adoption of the Comprehensive Plan in 1998. Council Adopted Planned Community Districts Since 1998 Planned Community Address Known As Approval Date Public Benefits PC-4511 502-562 Driscoll Place Driscoll Place Townhomes 07/01/98 TDM program, pedestrian oriented landscaping on ECR, BMR units PC-4611 445 Bryant Street Parking Lot S/L 03/20/2000 Parking garage, landscaping, art PC-4612 528 High Street Parking Lot R 03/20/2000 Parking garage, landscaping, art PC-4637 PC-2533 3000 El Camino Real Palo Alto Square; amendment to previously approved PC 05/22/2000 None listed on original 1969 ordinance. PC-4753 2051 El Camino Real 2051 El Camino Real 06/13/2002 Redevelopment of underutilized site, two smaller housing units, one BMR unit. PC-4779 800 High Street 800 High Street condos 02/18/2003 Public parking, open space plazas, auto access to 801 Alma affordable housing City of Palo Alto Page 21 site, BMR units PC-4782 33 Encina Avenue Opportunity Center 03/17/2003 Services center for homeless, BMR units. PC-4831 2701 El Camino Real Sunrise Assisted Living 06/21/2004 Redevelopment of underutilized site, senior assisted living units, BMR units for 12 persons, publically accessible open space, $20K for street trees at ECR, art, Avenidas meeting space PC-4843 PC-2592 690 San Antonio Avenue Auto dealership design features; amendment to previously approved PC 10/04/2004 None listed on original 1971 ordinance. PC-4846 PC-2554 1730 Embarcadero Road Auto dealership design features; amendment to previously approved PC 10/04/2004 None listed on original 1970 ordinance. PC-4847 PC-3350 1766 Embarcadero Road Auto dealership design features; amendment to previously approved PC 10/04/2004 None listed on original 1982 ordinance. PC-4917 3895 Fabian Way Altaire Market Rate Condos / Alta Torre Senior Apts. 10/10/2006 Alta Torre 100% BMR senior apartment units PC-4918 901 San Antonio/3921 Fabian Way Taube-Koret Campus for Jewish Life 10/10/2006 Shared-use community facility, BMR senior assisted living units PC-4956 3388-3557 Alma Village Circle Alma Plaza 06/18/2007 15K sqft grocery store as a permanent use, park, community room, 14-BMR units PC-4995 449-453 Addison Avenue Creation of a flag lot 03/10/2008 Allows preservation of two historic residences PC-5034 488 West Charleston Road TreeHouse Apts. 03/30/2009 100% BMR project, 35 units City of Palo Alto Page 22 PC-5069 2180 El Camino Real JJ&F Market 01/11/2010 8,000 sqft grocery store, four BMR units, $5K tree planting on ECR PC-5116 4025-4075 El Camino Way Palo Alto Commons, residential addition 04/21/2011 $100K to Avenidas, rental senior assisted housing, pedestrian/bus stop improvements PC-5150 2060 Channing Avenue Edgewood Shopping Center 04/09/12 Preservation of historic grocery store, public park, 3 charging stations, historic preservation payment PC-5158 101 Lytton Avenue 101 Lytton Commercial Office 06/11/12 4 charging stations, 1 zip car space, parking study payments of $310K, BMR non-profit rental space, 8 surface parking spaces Discussion Comprehensive Plan Update Using the work of the PTC on the Comprehensive Plan Amendment as a foundation, Staff suggests that now may be the appropriate time to initiate a renewed community engagement effort around the Comprehensive Plan’s vision and priorities. A visioning exercise would examine goals and priorities related to community character, land development, traffic and parking, and the preservation and conservation of valuable resources, and could be conducted concurrently with a comprehensive cumulative impacts analysis in the form of a program-level Environmental Impact Report (EIR). Specific questions that could be framed for the public’s consideration include:  Should the City increase, decrease or maintain the non-residential development caps currently in-place for Downtown and the 1986 land use study areas?  Are there specific areas or development sites that should be the focus of change, so as to protect and preserve other areas?  Are there specific transportation investments that are needed in the near term or long term to improve mobility, preserve the City’s neighborhoods, and perpetuate a robust economy? City of Palo Alto Page 23 At the time of the work plan initiation in 2006, the City Council did not include a visioning exercise as part of the Comprehensive Plan Amendment. However, given the length of time it has taken to amend the Comprehensive Plan and the significant changes that have occurred since the adoption of the existing Comprehensive plan in 1998, Council may find it appropriate to conduct a visioning exercise at this time. The outcome of the visioning exercise would be to inform the Comprehensive Plan Amendment process and validate or alter the work that has been achieved thus far. The visioning exercise will require additional time and resources, but can happen concurrently with preparation of a program-level EIR, which can provide the kind of overarching cumulative impacts analysis that members of the community are requesting and also propose a series of mitigating actions and programs for incorporation into the plan. The graphic below illustrates how the community visioning process and the program-EIR can combine to inform the final Comprehensive Plan amendment that is proposed for adoption by the City Council. If Council is amenable to this overall approach, staff would return to Council with a work plan and schedule early in 2014. The Council will also have to decide which implementing ordinances and practices can be tackled concurrently with the Comprehensive Plan Amendment, and which should be reserved for future action. For example, the Council could seek to reform the Planned Community zoning process ahead of the Comprehensive Plan Update or as part of that process. The Council City of Palo Alto Page 24 could also initiate the reform themselves, or request the PTC formulate a recommendation first. One important issue to note is that the Housing Element of the Comprehensive Plan will have to be updated on a separate schedule due to requirements in State law. Specifically, an update for the planning period 2014-2022 must be completed and adopted in January 2015 or the City will face significant penalties. The most notable penalty would be a requirement to update the element again in four years, rather than in eight years as provided for in SB 375 and companion legislation. Planned Community Zoning Planning staff believes that the Planned Community zoning tool can be re-examined and refined to better achieve its original intent. As stated in the Specific Purposes section of PC regulations, “The planned community district is particularly intended for unified, comprehensively planned developments which are of substantial public benefit, and which conform with an enhance the policies and programs of the Palo Alto Comprehensive Plan.” There may be intersections between this effort and the Comprehensive Plan update, and possible refinements can range from wholesale reform to adjustments that:  Specifically define the types of projects that may apply for a PC district;  Create minimum lot sizes that would be eligible for PC districts;  Establish a buffer (a minimum distance) between a proposed PC district and existing low-density residential districts;  Create a menu of public benefits that would be allowed under a PC, and/or  Establish a mechanism for mitigation and condition monitoring. Pipeline Projects The Council may decide whether to entertain rezoning proposals -- including proposals for the use of the PC district – prior to reforming the PC zoning process and/or completing the Comprehensive Plan update. Logically, most such proposals would be deferred, however there may be special circumstances in which the Council may wish to consider a rezoning proposal and the Council could choose to articulate related criteria or provide other guidance to property owners. This community has long valued property rights of landowners to develop in conformance with existing zoning. Both State law (State Permit Streamlining Act) and local law prescribe time City of Palo Alto Page 25 limits time limits for processing entitlements for zoning compliant projects. Also, the ability of a local jurisdiction to efficiently and predictably process building permits and other entitlements that are consistent with its zoning regulations typically helps to define a positive business climate. Palo Alto takes pride in a business climate that supports innovation and entrepreneurship; this climate would be challenging to maintain if proposals that are consistent with current zoning regulations are deferred. There are also legal hurdles associated with deferring certain zoning compliant projects. On the other hand, Council has much more flexibility in deferring consideration of discretionary zoning decisions like PC’s or other up-zoning requests. The need to process development proposals that are consistent with current zoning regulations at the same time that the City is working on community-wide planning issues, suggests the need for consistency and transparency. Applicants and members of the public should clearly understand the existing regulations and standards by which a project is being evaluated, how direct, indirect, and cumulative impacts of the project are assessed, and how the project relates to the Comprehensive Plan update and other planning and transportation initiatives that are underway. While Staff is suggesting a visioning initiative with a strong emphasis on the Comprehensive Plan it is important to recognize that existing zoning on all properties in the city is the most concrete form of a city’s land use plan and placing restrictions on the use of that zoning (or down zoning) is something that requires extensive engagement with property owners and others in the community. This is a fact that is frequently misunderstood or ignored by some members of the public when the Council considers applications under existing zoning. Traffic and Parking Much of the community’s concerns regarding PC zoning and the cumulative impacts of development in general relates to parking and traffic issues. The Council will be getting an update on aspects of these issues in the coming weeks as staff brings forward a study session regarding Transportation Demand Management (TDM) on December 9th and a framework for Residential Permit Parking on December 16th. In this context, staff will also summarize initiatives to expand parking supplies. Also, on December 12th, staff will be providing the PTC with a summary of the traffic analysis methodology that is used to assess project-specific and cumulative impacts, including the adjustments that are being made to reflect an updated travel demand model. Following City of Palo Alto Page 26 Commission questions and comments, staff will forward a revised summary/explanation to the Council for review. Timeline The City Council has initiated a community outreach plan for a discussion of the City’s Core Values, and has requested that the public outreach component be completed in time for Council’s yearly retreat in Q1 2014 where Council sets its priorities for the upcoming year. The PTC is scheduled to provide recommendations regarding elements of the Comprehensive Plan amendment in the same timeframe. The Council may wish to use both events to preface a community engagement/visioning process about community character, land development, traffic and parking, and other topics, and to direct this community engagement effort to be completed concurrently with preparation of the program-level EIR for the Comprehensive Plan update. The Council may also wish to revise the City’s PC zoning process in 2014, and the City is required to update the Housing Element of its Comprehensive Plan by the end of January 2015. As a prelude to any revision process on PC’s, the City Manager recommends that all current PC projects under consideration be stopped and put on hold for a sufficient period of time to allow this comprehensive review of our plans and policies to unfold. At the closure of the study session, staff will attempt to summarize direction from the Council. One or more related action items will be brought back to the Council for formal direction early in the 2014. Resource Impact Resources to conduct a City-wide visioning process will vary depening upon the scope of the exercise. Resources to review and reform the PC zoning process will depend on the Council’s desired approach and schedule. The City Manager intends to restructure existing staffing to ensure an extensive community engagement initiative. This may include additional resource investments. The need for more planning capacity and staff will be a subject of the upcoming budget review and City Manager recommendations on the Budget. Future agenda items will outline alternative approaches and resources in detail, following Council’s study session. Policy Implications A community visioning exercise and cumulative impacts analysis (in the form of a program-level EIR) can result in an updated Comprehensive Plan with broad community support. At the same City of Palo Alto Page 27 time, reforms to the PC zoning process can improve the public’s perception of City government by focusing on ways to improve transparency and predictability, and updating the City’s Housing Element can ensure continued compliance with State housing laws. All three efforts, as well as ongoing initiatives related to traffic and parking, can honor the policies and programs of the existing Comprehensive Plan, including Program G-2: Periodically assess the need for citizen input on various policy issues and appoint advisory bodies and ad hoc committees as needed, and Policy G-11: Encourage the development of new planning processes that emphasizes a collaborative exchange of ideas. Retain City Council authority over decision- making in these processes. Environmental Review Study sessions by definition are not “projects” under CEQA, because no actions will be taken. When staff returns for Council direction regarding the issues discussed, the agenda report will provide information about the CEQA process for zoning and Comprehensive Plan changes that are considered in the future. Attachments:  Attachment A: Comprehensive Plan Update Overview (DOCX) ATTACHMENT A Comprehensive Plan Update Overview The ongoing Comprehensive Plan update has suggested rearranging chapters and elements and substantially changing the format of the existing plan, without changing its core values. The update also attempts to address the challenges of today, including affordable housing, sustainability and climate adaptation, traffic and parking, and maintaining a place in the community for non-profits and new businesses that can’t pay the same rents as established commercial enterprises. New policies and programs are intended to clarify existing policies and programs and to accommodate new State requirements. Aspects of the Comprehensive Plan that are proposed to remain unchanged include: 1. The limit of 3,257,900 square feet of new non-residential development in the 1986 land use study areas; 2. The limit of 350,000 square feet of new non-residential development in the Downtown area, or 10% above the amount of development existing or approve as of May 1986, and 3. The existing road network within the city. As currently drafted, approximately 85% to 90% of the existing policies and programs would be carried over either unchanged or with edits to improve clarity, intent, and to reduce repetition: Continuation of 1998-2010 Comprehensive Plan Goals, Policies, and Programs Elements % of Programs Completed and Not Continued % Edited and Carried Over % Carried Over w/o Edits Total % Carried Over Land Use Element 13 48 39 87 Transportation Element 11 70 19 89 Housing Element 13 69 18 87 Community Services and Facilities Element 14 46 40 86 Natural Environment Element 15 52 33 85 Source: Planning and Community Environment Department In addition to the carry-over of existing polices and program from the 1998-2010 Comprehensive Plan, staff and the PTC have suggested adding many new policies and programs that are meant to address existing priorities of the City, such as: Land Use Element L1.1 POLICY Require that land use policies be consistent with Palo Alto’s Climate Protection Plan, striving to achieve and exceed target reductions in greenhouse gas emission levels set forth by City Council goals from City operations and community emissions. (New Policy) L2.9 POLICY Require infrastructure improvements to serve all areas of the City fairly, address the most urgent needs, and accommodate future growth. (New Policy) L3.11.1 PROGRAM Introduce measures to counteract the loss of retail activities in Palo Alto’s Neighborhood Centers. (New Program) L3.18 POLICY Encourage retention and enhancement of research and development (R&D), office, light industrial, and commercial development consistent with the East Meadow Circle Concept Plan ensure that new and existing development is compatible and includes appropriate transitions to nearby single- and multi- family development. (New Policy) Transportation Element T1.1 POLICY Reduce greenhouse gas emissions associated with transportation by reducing vehicle miles traveled and per-mile emissions through use of vehicle technologies to meet the City’s goals for greenhouse gas reductions by 2020. (New Policy) T4.1.1 PROGRAM Develop a Parking Management Program for both the University/Downtown and California Avenue business districts that supports alternative transportation modes. (New Program) T4.3.1 PROGRAM Study parking pricing and congestion pricing options for on-off-street parking in the Downtown/University Avenue and California Avenue business districts that is responsive to the market and results in approximately 85% parking occupancy. As part of creating this system, review the existing Downtown parking system to ensure it is still consistent with the overall approach to parking in the Downtown, and includes mechanisms that allow merchants to defray parking fees for their customers. (New Program) T4.5.1 PROGRAM Review on-street parking availability in residential neighborhoods adjacent to business districts to determine how it is used during business and non-business hours. Consider allowing designated disabled on-street parking upon resident request when conducting this review. (New Program) T4.5.2 PROGRAM Develop a program to implement new residential permit parking districts to preserve neighborhood quality of life. (New Program) Community Services and Facilities Element C1.3 POLICY The City’s community services should be a catalyst in creating a culture of health, wellbeing and active living in our community. It shall contribute to the intellectual physical and social health of the community by providing opportunities for learning, expression and social interaction for all ages at our libraries, community facilities, parks and cultural centers. (New Policy) C1.4 POLICY Incorporate the “Developmental Assets” approach into the City’s planning, development, implementation and evaluation of programs and services for children and youth. (New Policy) C1.6 POLICY Develop strategies to help the community identify and combat depression, isolation, stress and other mental health issues. (New Policy) Natural and Urban Environment and Safety Element N2.1 POLICY Achieve and exceed City Council targeted goals for reductions in greenhouse gas emission levels from City operations and community emissions. (New Policy) N2.3 POLICY Pursue the goal of achieving zero net energy homes for all new detached or single-family residences by 2025. (New Policy) N3.5 POLICY Encourage renewable energy use by continuing to implement a dynamic 100% carbon neutral Renewable Portfolio Standard for electric service. (New Policy) N8.10 POLICY Regularly review the adequacy of law enforcement services and emergency services in the city. Plan and develop law enforcement infrastructure and technology according to overall need and the growth within the City. (New Policy) Housing Element H3.1.10 PROGRAM Adopt a revised density bonus ordinance that allows up to a maximum zoning increase of 35 percent in density and grants up to three concessions or incentives. The density bonus ordinance will meet State standards for the provision of housing units for very low- and lower-income renters, seniors and moderate-income condominium buyers in compliance with Government Code Section 65915, et seq. (New Program) H 2.2.6 PROGRAM Amend the Zoning Code to create zoning incentives that encourage development on and consolidation of smaller lots, such as development review streamlining, reduction in required parking for smaller units, setback modifications, or graduated density when consolidated lots are over one-half acre. (New Program) The intent of City staff and the PTC is to honor and maintain the themes and values described in the existing Comprehensive Plan, repeated here:  Building Community and Neighborhoods;  Maintaining and Enhancing Community Character;  Reducing Reliance on the Automobile;  Meeting Housing Supply Challenges;  Protecting and Repairing Natural Features;  Meeting Residential and Commercial Needs, and  Providing Responsive Governance and Regional Leadership and adding additional themes:  Adapting to climate change  Protecting neighborhood-serving retail  Infrastructure management  Health and well-being of our residents