The County of Santa Clara
California

Agreement/Amendment
100916

Consider recommendations relating to updates to the Stanford University Community Plan.

Information

Department:Department of Planning and DevelopmentSponsors:
Category:Amendment to Agreement

Multiple Recommendations

Possible action:
a. Approve Fifth Amendment to Agreement with Metropolitan Planning Group (M-Group) relating to planning/land use review consultant services to process amendments to the Stanford University Community Plan, increasing the maximum contract amount by $272,382 from $1,406,840 to $1,679,222, and extending the agreement for a 22-month period through June 30, 2022, that has been reviewed and approved by County Counsel as to form and legality.
b. Approve Request for Appropriation Modification No. 24 - $347,282 increasing revenue and expenditures in the Department of Planning and Development budget for Fiscal Year 2020-2021. (4/5 Vote)

Body

COMMITTEE RECOMMENDATIONS

At the June 18, 2020 Housing, Land Use, Environment and Transportation (HLUET) meeting, the Committee received a report from the Administration regarding the proposed scope of work for the Stanford Community Plan updates. The Committee requested the Administration review the proposed changes to the Stanford University Community Plan (SCP) that Stanford University had requested as part of the 2016-19 General Use Permit (2016-19 GUP) application process. The Committee inquired how the El Camino Frontage Plan relates to the SCP, and the Administration responded that the plan would be addressed in the development of design guidelines. The Committee recommended the Community Plan Updates include a renewed assessment of the 1985 Land Use Policy Agreement. Additionally, the Committee asked the Administration to propose amendments analyzed through the lens of contemporary sustainability measures and social concerns, including food insecurity, mental health, domestic violence, sexual assault, and considerations about events on campus.

 

FISCAL IMPLICATIONS

The recommended action carries a fiscal impact to the General Fund Contingency Reserve in the amount of $347,282 to process the amendments to the Stanford University Community Plan and review the 1985 Land Use Policy Agreement, including extensive outreach and public meeting management, and studies relating to municipal services and graduate student housing. Stanford University will not be invoiced for any portion of this Amendment.

The recommended budget for the FY 2020-21 General Fund Contingency Reserve was $164,658,260. The balance of this reserve as of July 21, 2020 was $164,658,260 indicating that $0 has been allocated for other purposes. There may be additional pending actions that will impact this balance once they are approved and processed. Board policy 4.3 states that the contingency reserve should be 5% of general revenues net of pass-through revenue. Since the use of contingency reserve impacts compliance with this policy, the midyear budget analysis may include a recommended action to replenish this reserve.

 

CONTRACT HISTORY

On April 17, 2018, the Board approved a single source agreement with Metropolitan Planning Group (M-Group) for planning/land use review consultant services relating to the 2016-19 GUP, including updates to the SCP, in the amount of $350,000 for the period April 17, 2018 through June 30, 2019. (Please refer to linked Legislative File 90818 for further information regarding this Agreement.)

On December 18, 2018, the Board approved the First Amendment to the Agreement with M-Group relating to planning/land use review consultant services to process the 2016-19 GUP increasing the maximum contract amount by $439,032. The First Amendment included an expanded Scope of Work due to the complexity of the GUP and a term extension from June 30, 2019 through December 31, 2019. (Please refer to linked Legislative File 94527 for further information regarding the First Amendment to the M-Group Agreement.)

On August 27, 2019, the Board approved the Second Amendment to the Agreement with M-Group for planning/land use review consultant services to process the 2016-19 GUP increasing the maximum contract amount by $487,920 due to more robust community engagement, public hearing, and response to comments processes than anticipated. (Please refer to linked Legislative File 98013 for further information regarding the Second Amendment to the M-Group Agreement.)

On December 17, 2019, after Stanford University had withdrawn the 2016-19 GUP on November 1, 2019, the Board approved the Third Amendment to the Agreement with M-Group for planning/land use management and review consultant services to process SCP amendments, extending the agreement for a six-month period through June 30, 2020 without increasing the maximum compensation limit. (Please refer to linked Legislative File 99605 for further information regarding the Third Amendment to the M-Group Agreement.)

On April 7, 2020, the Board approved the Fourth Amendment to the Agreement with M-Group for planning/land use management and review consultant services to process SCP amendments, increasing the maximum contract amount by $129,888 and extending the agreement for a 12-month period through March 31, 2021. This amendment included preparation of updates to the SCP, responding to the February 11, 2020 Board Referral (Supervisors Simitian and Chavez; please refer to linked Legislative File 100343) requesting completion of the SCP amendments and associated studies. (Please refer to linked Legislative File 100735 for further information regarding the Fourth Amendment to the M-Group Agreement.)

 

REASONS FOR RECOMMENDATION

The Administration requests additional funds to increase the maximum financial obligation of the Agreement with M-Group, and to hire additional technical consultants to fulfill the expanded scope of work for completing updates to the SCP and 1985 Land Use Agreement.

On February 11, 2020, the Board approved a Referral to the Administration (Simitian/Chavez) requesting to move forward with specified items related to implementation and update of the SCP. The Referral requested the Administration complete the updates to the SCP, and evaluate designation of a future school site, extension of the Academic Growth Boundary, other amendments as originally proposed in the processing of the Stanford 2016-19 GUP application, and any other updates identified by the Administration. Additionally, the Board directed the Administration to evaluate measures to address graduate student housing affordability and complete a Municipal Services study that includes an evaluation of childcare and other municipal services needed at Stanford University, as outlined in the current SCP (https://www.sccgov.org/sites/dpd/DocsForms/Documents/SU_CP.pdf).

The proposed workplan and outreach strategy for the SCP update were presented to the HLUET Committee on May 11, 2020, identifying workplan items based on direction from the Board Referral. In addition the Administration recommended incorporating development of appropriate design guidelines and/or principles for the Stanford Campus into the SCP update process, with special focus on areas near historic resources and off-campus neighborhoods. The development of these Design Guidelines is included in M-Group’s scope of work.

The Administration is in the process of developing scopes of work for the Graduate Student Housing affordability study and a childcare study. The M-Group amended scope attached to this legislative file includes completion of a Municipal Services study, development of campus design guidelines, and extensive public outreach throughout the SCP update process. To complete the SCP amendments, the Administration requests the Board approve the budget augmentation and execute the Fifth Amendment to the M-Group Agreement.


Of the $347,282 the Administration has requested for this project:

·        $272,382 is allocated for the Fifth Amendment to the M-Group Agreement, which increases the scope of work to allow for new tasks, assessment of the project in compliance with the California Environmental Quality Act (CEQA), and broader community outreach and engagement ($112,392); the management of a subconsultant for the Municipal Services study ($100,000); and the development of design guidelines for the Stanford Campus ($59,990).

·        The remaining funds ($74,900) will be allocated toward the Seventh Amendment to the Keyser Marston Associates (KMA) Agreement with the County for conducting housing policy studies, to provide an analysis of graduate student housing affordability with respect to the Stanford University Community Plan Area (SCPA). The Seventh Amendment to the KMA Agreement would be executed through the Director of Procurement, who may sign Board Contract amendments under $200,000 per fiscal year.

In connection with the above tasks, the Office of the County Executive, at a future Board meeting, will request funding for and manage the work of a consultant to prepare a childcare assessment study for the SCPA. The attached total project budget estimate includes this study.

 

CHILD IMPACT

The recommended action will have no/neutral impact on children and youth.

SENIOR IMPACT

The recommended action will have no/neutral impact on seniors.

SUSTAINABILITY IMPLICATIONS

The recommended action will have no/neutral sustainability implications.

 

BACKGROUND

In November 1999, Stanford University applied for the 2000 GUP, to replace a 1989 GUP. Together with the Stanford Community Plan, the 2000 GUP set forth the maximum campus development potential for the next two decades. The Board approved the 2000 GUP in December 2000.

In November 2016, Stanford University applied for the 2016-19 GUP, to replace the 2000 GUP. Together with the Stanford Community Plan, the since-withdrawn GUP would have governed maximum campus development until approximately 2035.

In April 2018, the Board approved the original Agreement with M-Group and approved the First Amendment to the Agreement in December 2018. In June 2019, the Planning Commission unanimously approved forwarding the Administration’s recommendations for conditionally approving a new GUP and related Community Plan amendments and recommended denial of Stanford’s Development Agreement (DA) application, as DA negotiations had been suspended in April 2019.

In August 2019, the Board approved the Second Amendment to the Agreement with M-Group as the community engagement process intensified leading up to the Board public hearing process in the fall of 2019. After a September 24, 2019 Board study session and public hearings on October 8 and October 22, 2019 considering the 2016-19 GUP and related approvals, Stanford University withdrew its GUP application on November 1, 2019.

In December 2019, the Board approved the Third Amendment to the Agreement with M-Group, extending the contract term to enable the Department to bring back a funding request and scope of work to resume work on the unfinished Community Plan amendments, to be funded by the County rather than Stanford University. In February 2020, the Board approved a Referral (Simitian/Chavez) requesting completion of the SCP amendments and associated studies. In April 2020, the Board approved the Fourth Amendment to the Agreement, enabling the Administration to continue to the leverage the services of M-Group in developing an approach and scope for the SCP updates.

 

CONSEQUENCES OF NEGATIVE ACTION

If the Recommended Action is not approved, the Department would not be able to move forward with project management, community engagement services, CEQA review, and Municipal Services and Graduate Student Housing studies in connection with the SCP amendments.

 

STEPS FOLLOWING APPROVAL

Upon priority processing, the Office of the Clerk of the Board is requested to notify Rob Eastwood and Bhama Ashok in the Department of Planning and Development.

Meeting History

Aug 25, 2020 9:30 AM Video Board of Supervisors Regular Meeting

Held to September 1, 2020 at the request of Administration.

RESULT:HELD [UNANIMOUS]Next: 9/1/2020 9:30 AM
MOVER:Mike Wasserman, Vice President
SECONDER:Susan Ellenberg, Supervisor
AYES:Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian