Palo Alto Weekly 03.09.2012 - section 1

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Upfront CITY HALL

Cost of new Mitchell Park Library continues to climb Project remains below budget but recent changes are pushing up price tag by Gennady Sheyner

Proposed theater, offices

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Proposed site (MacArthur Park restaurant)

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tic director, said the company typically moves into a venue for a show and then packs up after about five weeks. The new proposal isn’t the first time the theater company has discussed possible collaboration with the city and Stanford University. In 1999, the city and the university explored teaming up to build a new theater at El Camino Park, just west of the site currently under evaluation. But Stanford opted in 2000 to pursue its own plan. Kelley said that there’s “tremendous virtue” to the University Avenue site, namely its proximity to mass transit, El Camino Real, Stanford University and downtown Palo Alto. The existence of other arts-and-culture facilities in the area would help establish the strip as a cultural destination. “It’s in the midst of a burgeoning arts community and an arts district that includes the new Bing Concert Hall (on Stanford’s campus) and the Stanford Theatre,” Kelley said. Phil Santora, managing director of TheatreWorks, said the company is looking for a venue that could seat 600 (the same as the Mountain View center). Ideally, it would also include a smaller “flexible” space that could accommodate between 150 and 300 seats. The new proposal has one advantage over prior discussions that Stanford and the city eventually tabled — a pot of money specifically dedicated to improving the area around the Caltrain station. The development agreement between Palo Alto and the Stanford University Medical Center specifically al-

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Theater

from uncommon in the construction business, the high number of change orders associated with the Mitchell Park project has prompted concern from the council, which reluctantly agreed in September to raise the “contingency” budget for the project from 10 percent to 20 percent to cover unexpected costs. It has also prompted closed-door discussions among city officials about who is responsible for the rising costs and whether any legal action from the city is justified. Palo Alto had also hired consultants to vet the change orders and help the city assess its legal options. According to a new report from Phil Bobel, interim assistant director of Public Works, a consultant has reviewed the latest request and “determined that Flintco is entitled to additional compensation” and that the amount in the new change order is “reasonable

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he new Mitchell Park Library and Community Center is slated to open this fall as scheduled, but the city’s concerns over who is responsible for the project’s cost overruns are expected to drag on well after the new library is built. The project’s projected price tag remains, at $41.6 million, well below the engineering estimate of $49 million. But a slew of recent changes to the construction contract have irked members of the City Council, who asked staff in September to issue monthly updates on the ambitious project. On Monday, the council will consider the first major change order since that meeting — a request by the city’s contractor, Flintco Construction, for an additional $278,710 to pay for tube steel that was omitted from the architectural plans. While cost overruns are far

The theater and multi-story office building proposed by developer John Arrillaga would be located on the site of MacArthur Park restaurant, just west of the University Avenue Caltrain station. locates $2.25 million to pedestrian and bicycling amenities near the border of Stanford and Palo Alto. The new proposal also has, in Arrillaga, a backer with deep pockets and a long history of major donations to his alma mater, Stanford. Deputy City Manager Steve Emslie called the timing of the proposal a “fortunate situation” because it allows the city to consider pedestrian and bicycle improvements to the area in the context of the project. Had the proposal come in after these improvements are made, the city likely would have to make substantial modifications to accommodate the new facilities. He noted the project remains far from certain and said staff expects to come back in two to three months with more details.

and justified.” The money will be used for material and labor costs associated with “tube steel around windows and openings that was not clearly delineated in the plans,” Bobel wrote. The latest request raises the number of change orders the city has received for the Mitchell Park library to 15. Together, the change orders total nearly $2 million. Bobel told the Weekly that Flintco has actually asked for about $660,000 in its latest change order and that staff had determined that only about half of this amount is justified. Even the amount that the city has approved, he noted, remains far below the $6 million in change-order requests that it had received from Flintco. The question of who is at fault for the rising costs — whether it’s Flintco; the construction manager, Turner Construction; the architect, Group 4 Architecture; or the city itself — will be resolved after the project is completed, Bobel said. “What we’re focusing on now is getting the building built,” he said. “We’ll sort out change orders later. We don’t think this (dispute) will have a material effect on the future library.” N Staff Writer Gennady Sheyner can be emailed at gsheyner@ paweekly.com. “This is a very fluid and a very tentative proposal at this point,” Emslie said. Even so, council members reacted favorably to the idea of bringing a new theater to the MacArthur Park site, a project that would require the restaurant’s relocation to a site of the city’s choosing at the applicant’s expense. The proposal also includes at least one office building and an underground garage. “I think this can really open things up for the downtown area — make it much more integrated,” Councilwoman Nancy Shepherd said. Councilman Sid Espinosa said the project has the potential to “really transform this wall between Stanford and Palo Alto. “This can really be a transformative move for the city, and that’s why I’m excited,” Espinosa said. But “I’m cautious because I just want to be sure we build a process that reaches out to the neighbors, reaches out to businesses and thinks about how to really engage them.” N

TALK ABOUT IT

www.PaloAltoOnline.com What do you think about the idea of building an office building and theater near the University Avenue train station? Talk about this issue on Town Square, the community discussion forum, on Palo Alto Online.

Public Agenda A preview of Palo Alto government meetings next week CITY COUNCIL ... The council plans to meet in closed session to discuss labor negotiations with the Palo Alto Police Managers’ Association. The council also plans to discuss 355 Alma St., a proposed five-story building at the site of a former Shell station; approve final design for El Camino Park improvements; and consider a contract with Sherry Lund Associates relating to performance reviews for council-appointed officers. The closed session will begin at 5:30 p.m. on Monday, March 12. Regular meeting will follow in the Council Chambers at City Hall (250 Hamilton Ave.). BOARD OF EDUCATION ... The board will hold a study session on high school graduation requirements. The meeting will begin at 12:30 p.m. on Tuesday, March 13, in the board room of school district headquarters (25 Churchill Ave.). BOARD OF EDUCATION ... The board will discuss proposed staff reductions due to budget cuts, and vote on a range of facilities items, including renovations to Palo Alto High School’s Tower Building and Haymarket Theatre. The meeting will begin at 6:30 p.m. on Tuesday, March 13, in the board room of school district headquarters (25 Churchill Ave.). COUNCIL POLICY AND SERVICES COMMITTEE ... The committee is scheduled to discuss the 2012 federal and state legislative program and the city’s labor-guiding principles. The meeting will begin at 7 p.m. on Tuesday, March 13, in the Council Conference Room at City Hall (250 Hamilton Ave.). HISTORIC RESOURCES BOARD ... The board plans to discuss 1091 Emerson St., a request for a demolition of a Category 3 building; and 423 University Ave., a request to make façade changes to an existing building. The meeting will begin at 8 a.m. on Wednesday, March 14, in the Council Chambers at City Hall (250 Hamilton Ave.). PLANNING AND TRANSPORTATION COMMISSION ... The commission plans to discuss its policy on ex parte communications; get an update on the Rail Corridor Study; and hold a public hearing on a proposal to extend the lease of El Camino Park. The meeting will begin at 4:30 p.m. on Wednesday, March 14, in the Council Chambers at City Hall (250 Hamilton Ave.). CITY-SCHOOL LIAISON COMMITTEE ... The committee will review recent meetings of the City Council and Board of Education, and discuss library updates and bicycle and pedestrian transportation plans. The meeting will begin at 8:15 a.m. on Thursday, March 15, in the Council Conference Room of City Hall (250 Hamilton Ave.). ARCHITECTURAL REVIEW BOARD ... The board plans to discuss 1901 Embarcadero Road, a request by AT&T to install nine panel antennas for a new wireless communication facility to replace the existing Palo Alto Airport beacon tower; 3431 Hillview Ave., a request by VMware to demolish 255,000 square feet of commercial area and construct two office buildings, a cafeteria and three parking structures; and 413 Forest Ave., a proposed three-unit residential condominium project. The meeting will begin at 8:30 a.m. on Thursday, March 15, in the Council Chambers at City Hall (250 Hamilton Ave.). COUNCIL RAIL COMMITTEE ... The committee plans to discuss a “memorandum of understanding” between the Peninsula Corridor Joint Powers Board, the Metropolitan Transportation Commission and the California HighSpeed Rail Authority about early-investment opportunities in the Bay Area. The meeting will begin at noon on Thursday, March 15, in the Council Conference Room at City Hall (250 Hamilton Ave.). COUNCIL REGIONAL HOUSING MANDATE COMMITTEE ... The commission plans to hear an update about the Sustainable Community Strategy. The meeting will begin at 4 p.m. on Thursday, March 15, in the Council Conference Room at City Hall (250 Hamilton Ave.). PUBLIC ART COMMISSION ... The commission plans to discuss the Youth Art Awards, maintenance of the city’s collection, the Artist Residency Program and the commission’s annual retreat. The meeting will begin at 7 p.m. on Thursday, March 15, in the Council Conference Room at City Hall (250 Hamilton Ave.).

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