HomeMy WebLinkAbout2008-01-22 City Council Agenda Packet
1 01/22/08
Agenda posted according to PAMC Section 2.04.070. A binder containing supporting materials is available in the Council
Chambers on the Friday preceding the meeting. Special Meeting
Council Chambers
January 22, 2008 6:00 p.m.
ROLL CALL
STUDY SESSION
1. Opportunity to Replace & Enhance Cubberley Facilities
CMR:125:08 ATTACHMENT
ORAL COMMUNICATIONS
Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the right to limit the duration of Oral Communications
APPROVAL OF MINUTES
November 26, 2007
December 03, 2007
CONSENT CALENDAR
Items will be voted on in one motion unless removed from the calendar by two Council Members.
2. Approval of Request to Initiate a Preliminary Review of a Planned
Community (PC) Application for a 3-Story Mixed Use Office/Retail
Development at 2180 El Camino Real (College Terrace Center)
CMR:111:08
3. This Item Number Has Been Intentionally Left Blank
4. Finance Committee Recommendation to Adopt an Ordinance
Authorizing the Closing of the Budget for the Fiscal Year 2006-07
and Approval of Comprehensive Annual Financial Report (CAFR)
from Finance Committee Meeting of December 11, 2007
CMR:105:08 ATTACHMENTS
5. Utilities Advisory Commission Recommendation to Utilize the Electric
01/22/08 2
Supply Rate Stabilization Reserve to Cover Increased Supply Cost In
Fiscal Year 2007-08 Instead of a Mid-Year Rate Increase
CMR:122:08 ATTACHMENTS
6. Adoption of a Resolution Summarily Vacating a Portion of the
Abandoned Embarcadero Road Right-of-Way and Reserving a Public
Utilities Easement Adjacent to the Town & Country Village Shopping
Center, 855 El Camino Real
CMR:124:08 ATTACHMENTS
7. Introduction of an Ordinance Amending Chapter 2.11 of Title 2 of
the Palo Alto Municipal Code to Establish a
Fee to Support Public, Education, and Government Access that
Will Apply to Comcast as it Provides Service Under its State
Video Franchise
CMR:119:08 ATTACHMENT
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 five minutes per speaker unless additional time is granted by the presiding officer. The
presiding officer may reduce the allowed time to less than five minutes if necessary to accommodate a larger
number of speakers.
UNFINISHED BUSINESS
8. Public Hearing: Approval of a Tentative Map and a Record of Land Use
Action to Subdivide the Elks Lodge Site into Two Lots for a New Lodge
and a Multi-Family Residential Project, Located at 4249 and 4251 El
Camino Real
CMR:100:08 ATTACHMENT
PUBLIC HEARINGS
9. Introduction of an Ordinance Amending Section 9.04.010
(“Streets, Sidewalks, Highways, Alleys – Consumption of
Alcoholic Beverages Prohibited”) of Chapter 9.04 (“Alcoholic
Beverages”) to Title 9 (“Public Peace, Morals and Safety”) of
the Palo Alto Municipal Code to Allow Consumption of Alcohol
Within Legally Permitted Eating Establishment Seating Areas
Subject to a Conditional Use Permit
CMR:121:08 ATTACHMENT
REPORTS OF COMMITTEES AND COMMISSIONS
01/22/08 3
ORDINANCES AND RESOLUTIONS
REPORTS OF OFFICIALS
10. Municipal Compost Facility Study: Preliminary Results and Approval of
Staff Work Plan
CMR: 116:08 ATTACHMENT
* * * * * * * * * * * * * * *
AT THIS POINT IN THE PROCEEDINGS, THE CITY COUNCIL WILL ADJOURN TO
A SPECIAL MEETING AS THE PALO ALTO REDEVELOPMENT AGENCY
* * * * * * * * * * * * * * *
COUNCIL MATTERS
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Members of the public may not speak to the item(s).
CLOSED SESSION
This item may occur during the recess or after the Regular Meeting.
Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker.
ADJOURNMENT
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.
CMR:125:08 Page 1 of 1
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: City Manager’s Office
DATE: JANUARY 22, 2008 CMR: 125:08
SUBJECT: STUDY SESSION ON THE OPPORTUNITY TO REPLACE AND
ENHANCE CUBBERLEY FACILITIES
DISCUSSION
At the City Council meeting of January 22, 2008, staff will hold a study session with the City
Council on the opportunity to replace and enhance Cubberley facilities. The Foothill/DeAnza
Community College District, which is currently a major tenant at Cubberley, has approached the
City with the opportunity to invest bond monies in constructing a new state-of-the-art
Educational Center, including joint-use community facilities, on the City-owned portion of
Cubberley.
The purpose of the study session is to explore this opportunity, specify City goals in evaluating
the proposal, and identify issues and concerns as we work with Foothill/DeAnza Community
College District.
CITY MANAGER _______________________________________
Frank Benest, City Manager
CMR:111:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: January 22, 2008 CMR:111:08
SUBJECT: APPROVAL OF REQUEST TO INITIATE A PRELIMINARY REVIEW
OF A PLANNED COMMUNITY (PC) APPLICATION FOR A 3-STORY
MIXED USE OFFICE/RETAIL DEVELOPMENT AT 2180 EL CAMINO
REAL.
RECOMMENDATION
Staff recommends that the City Council approve the applicant’s request for a preliminary review
and direct the Planning and Transportation Commission (PTC) to conduct a preliminary review
of a project at 2180 El Camino Real. Commission preliminary review is tentatively scheduled
for February 13, 2008.
BACKGROUND
Chilcote Family Trust is proposing a project that would include the redevelopment of the city
block bounded by College Avenue, Oxford Avenue, El Camino Real, and Staunton Court. The
proposal would include construction of a three story retail/office building, a neighborhood
market, a two story below-grade parking structure, and a landscaped park space open to the
public. The applicant wishes to have preliminary Council review of the project for a Planned
Community and needs approval from Council to schedule the preliminary review.
DISCUSSION
Palo Alto Municipal Code (PAMC) Section 18.79.030(b) states that concurrence of the City
Council is necessary to conduct a preliminary review. The purposes of a preliminary review, as
stated in PAMC Section 18.79.010, are:
a) To maximize opportunities for meaningful public discussion of development projects, at the
earliest feasible time, for the guidance of the public, project proponents, and City decision
makers.
b) To focus public and environmental review of development projects on the issues of greatest
significance to the community, including but not limited to planning concerns, neighborhood
CMR:111:08 Page 2 of 3
compatibility, Comprehensive Plan consistency, economics, social costs and benefits, fiscal
costs and benefits, technological factors, and legal issues. These procedures are not intended
to permit or foreclose debate on the merits of approval or disapproval of any given
development project.
c) To provide members of the public with the opportunity to obtain early information about
development projects in which they may have an interest.
d) To provide project proponents with the opportunity to obtain early, non-binding preliminary
comments on development projects to encourage sound and efficient private decisions about
how to proceed.
e) To encourage early communication between elected and appointed public officials and staff
with respect to the implementation of City policies, standards, and regulations on particular
development projects.
f) To facilitate orderly and consistent implementation of the City’s Comprehensive Plan and
development regulations.
ALTERNATIVES TO STAFF RECOMMENDATION
The Council may choose the following alternatives in accordance with Section 18.79.040(b):
1) The Council may direct the study session to be conducted solely by the
City Council, or
2) The Council may direct that the study session be conducted solely by the Planning
Commission, or
2) The Council may direct staff to arrange a joint meeting of the City Council and Planning
and Transportation Commission and any other City boards whose participation is deemed
desirable.
RESOURCE IMPACT
Applicants for any preliminary review submit a fee deposit, against which staff time expended to
process the application is charged, as a part of the City’s cost recovery program.
POLICY IMPLICATIONS
Policy implications of the project would be discussed during the preliminary review before
Council.
ENVIRONMENTAL REVIEW
Appropriate environmental review will be conducted for this project, however it is not required
at the time of preliminary review. Environmental issues would be highlighted for the Council
during the preliminary review of this project.
CMR:111:08 Page 3 of 3
PREPARED BY: _____________________________________
RUSS REICH
Planner
DEPARTMENT HEAD REVIEW: _________________________________________
STEVE EMSLIE
Director of Planning and Community Environment
CITY MANAGER APPROVAL: _________________________________________
EMILY HARRISON
Assistant City Manager
COURTESY COPIES:
Patrick Smailey, The Chilcote Trust
Linda Poncini, Carrasco and Associates
Robin Kennedy, manatt | phelps | Phillips
William D. Ross
CMR:105:08 Page 1 of 1
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE: JANUARY 22, 2008 CMR: 105:08
SUBJECT: FINANCE COMMITTEE RECOMMENDATION TO ADOPT AN
ORDINANCE AUTHORIZING THE CLOSING OF THE BUDGET FOR
THE 2006-07 FISCAL YEAR AND APPROVAL OF COMPREHENSIVE
ANNUAL FINANCIAL REPORT (CAFR) FROM FINANCE COMMITTEE
MEETING OF DECEMBER 11, 2007
RECOMMENDATION
Based on a 4-0 vote at Finance Committee meeting of December 11, 2007, the Finance Committee
recommends that Council adopt the attached ordinance and associated Exhibits to: close the
2006-07 Budget and authorize re-appropriation of 2006-07 funds into the 2007-08 Budget; close
completed capital improvement projects; and transfer remaining Capital Improvement Project
balances to the appropriate reserves. In addition, the City’s Comprehensive Annual Financial
Report (CAFR) is being transmitted for approval.
PREPARED BY: _______________________________________________________
TRUDY EIKENBERRY
Accounting Manager
DEPARTMENT HEAD APPROVAL: ___________________________________
LALO PEREZ
Director, Administrative Services
CITY MANAGER APPROVAL: ___________________________________
EMILY HARRISON
Assistant City Manager
ATTACHMENTS
Attachment 1: CMR 437.07
CMR: 122:08 Page 1 of 4
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: JANUARY 22, 2008 CMR: 122:08
SUBJECT: UTILITIES ADVISORY COMMISSION RECOMMENDATION TO
UTILIZE THE ELECTRIC SUPPLY RATE STABILIZATION RESERVE
TO COVER INCREASED SUPPLY COST IN FISCAL YEAR 2007-08
INSTEAD OF A MID-YEAR RATE INCREASE
RECOMMENDATION
Staff and the Utilities Advisory Commission (UAC) recommend utilizing the Electric Supply
Rate Stabilization Reserve (E-SRSR) to cover increased supply cost in Fiscal Year (FY) 2007-08
instead of a mid-year rate increase. The incremental amount to be withdrawn from the E-SRSR
will be determined as part of the mid-year Budget Amendment Ordinance process in March
2008.
BACKGROUND
As part of the FY 2007-08 budget process, staff developed a 5-year Financial Plan (Plan) in
December 2006 which showed costs steadily increasing over the next five years as a result of
higher commodity, renewable energy, transmission, regulatory, and distribution costs. Further,
retail revenue was projected to be insufficient to cover costs and the Plan included a series of rate
increases designed to recover costs.
In accordance with the Plan, on June 18, 2007, Council approved a five-percent electric retail
rate increase, or $4.4 million in additional revenue, effective July 1, 2007, to cover distribution-
related expenses; and an in-concept 10-percent electric retail rate increase, ($9.2 million in
additional revenue), for FY 2008-09 [CMR 202:07] to cover distribution-and supply-related
expenses. The need for a rate increase in FY 2007-08 to cover supply-related expenses was not
warranted as the projected end of FY 2007-08 E-SRSR was expected to be above the minimum
guideline level.
5
CMR: 122:08 Page 2 of 4
DISCUSSION
Supply Projections and Cost
Projections developed during the FY 2007-08 budget process (prior to updated hydrologic
conditions being available) assumed hydroelectric supply from the Western Base Resource and
the Calaveras hydroelectric project would be average for FY 2007-08 and FY 2008-09. The
adopted budget for FY 2007-08 calls for a drawdown of the E-SRSR of $11 million in FY 2007-
08 and $8.4 million in FY 2008-09.
Given the dry conditions actually experienced, generation from both hydroelectric resources is
now projected to be below average and a total of 233 Gigawatt-hour of hydroelectric supply will
need to be replaced. The cost increase over budget associated with the dry conditions is
estimated at $7.5 million in FY 2007-08 and $8 million in FY 2008-09.
Alternatives to Address Increased Costs
Staff evaluated and presented to the UAC several alternatives to address the impact of the
increased drought-related costs on the electric fund as discussed briefly below.
1. FY 2007-08 Mid-Year rate increase option
Implementing a 10 percent rate increase, effective February 1, 2008, would provide
additional revenues of $3.6 million for FY 2007-08. This rate increase, along with the
approved-in-concept 10 percent electric retail rate increase for FY 2008-09, effective July 1,
2008, would put the E-SRSR above the minimum guidelines level by the end of FY 2008-09.
2. Drawdown of the E-SRSR and higher future rate increases
The expected supply cost increases would increase the E-SRSR drawdown necessary to
cover operating expenses to $19 million and $16.6 million in FY 2007-08 and FY 2008-09,
respectively. Given both the City’s policy to set rates to recover costs and the reserve
guidelines, staff would need to consider a rate increase greater than the 10 percent approved-
in-concept rate increase for FY 2008-09.
3. Drawdown of Calaveras Reserve
The Calaveras Reserve was established in 1996 as part of the City’s effort to prepare for
deregulation of the electric industry and the possibility of losing customers to retail
competition. The Calaveras Reserve was set to cover the difference between the cost of City-
owned assets and long-term contracts, and the market value of those assets, otherwise known
as stranded cost. In 1999, the Calaveras Reserve was fully funded at $71 million and Council
approved a schedule of Calaveras Reserve drawdowns to be used to offset power costs for
future ratepayers through FY 2031-32 [CMR: 222:99].
Staff’s preliminary assessment shows that approximately $10 to $20 million could be drawn
from the Calaveras Reserve without adversely impacting the competitiveness of the electric
utility. Such a drawdown could be a single transfer to the E-SRSR or could be a transfer
over multiple years. Staff is not recommending drawing down the Calaveras Reserve for FY
2007-08. However, this alternative may be considered in the future, if the E-SRSR is
insufficient to cover costs. Any change to the drawdown schedule will need Council
approval.
CMR: 122:08 Page 3 of 4
To address the increased supply costs, staff considered implementing a 10 percent mid-year rate
increase effective February 1, 2008. However, with the concurrence of the UAC, staff
recommends foregoing a mid-year rate increase and instead utilizing the E-SRSR based on the
following:
1. The ending E-SRSR for FY 2007-08 with the increased supply cost is estimated at
approximately $42 million, sufficiently above the minimum reserve guideline level of $29.3
million.
2. Hydrologic uncertainty for FY 2007-08 is reduced as a dry hydro scenario is included in the
expected cost and the E-SRSR is sufficient to cover the remaining cost uncertainties in FY
2007-08.
3. Use of the E-SRSR to fund the increased cost associated with reduced hydroelectric
generation is consistent with the purpose for which the reserve is intended.
COMMITTEE REVIEW AND RECOMMENDATIONS
At its December 5, 2007 meeting, the UAC voted 4-1 to “recommend to Council to utilize funds
from the Electric Supply Rate Stabilization Reserve, instead of a mid-year rate increase, to offset
electric supply cost increases in FY 2007-08.” Commissioner Melton voted against the motion
arguing that a mid-year rate increase would send the proper signal to ratepayers that there are
costs associated with dry hydrologic conditions and that a delay will result in a larger rate
increase in July 2008. Commissioner Dawes countered that a mid-year increase is not warranted
given the reserve level forecasts for June 2008.
Further, the UAC advised staff that in addition to considering the use of the Calaveras Reserve to
offset future rate increases, staff should evaluate use of the Calaveras Reserve to 1) invest in
other capital projects; and 2) pay off some of the Calaveras and/or California Oregon
Transmission Project debt.
RESOURCE IMPACT
Utilization of the E-SRSR to fund the increased cost in FY 2007-08 will require approval from
Council in the form of a budget amendment ordinance. The exact amount to be drawn from
reserves will be determined through the mid-year budget process in March 2008.
POLICY IMPLICATIONS
Use of the E-SRSR to fund changes in cost associated with hydroelectric generation supply is
consistent with the E-SRSR guidelines (CMR:467:03) and supports the Utilities Strategic Plan
objective of providing competitive rates to customers. This recommendation does not represent
a change in current City policies.
ENVIRONMENTAL REVIEW
The utilization of the E-SRSR to fund charges in cost associated with hydroelectric generation
supply does not meet the definition of a project pursuant to Section 21065 of the California
Environmental Quality Act (CEQA), thus, environmental review is not required.
CMR: 122:08 Page 4 of 4
ATTACHMENTS
A. UAC Minutes from November 7, 2007 meeting
B. UAC Minutes from December 5, 2007 meeting
PREPARED BY: MONICA PADILLA
Resource Planner
DEPARTMENT APPROVAL: ________________________________
VALERIE O. FONG
Director of Utilities
CITY MANAGER APPROVAL: ________________________________
EMILY HARRISON
Assistant City Manager
CMR: 124:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE: JANUARY 22, 2008 CMR: 124:08
SUBJECT: ADOPTION OF A RESOLUTION SUMMARILY VACATING A
PORTION OF THE ABANDONED EMBARCADERO ROAD RIGHT-OF-
WAY AND RESERVING A PUBLIC UTILITIES EASEMENT
ADJACENT TO THE TOWN & COUNTRY VILLAGE SHOPPING
CENTER, 855 EL CAMINO REAL
RECOMMENDATION
Staff recommends that Council adopt the attached resolution summarily vacating a portion of the
abandoned Embarcadero Road right-of-way and reserving a public utilities easement along
Embarcadero Road adjacent to the Town & Country Village Shopping Center, 855 El Camino
Real.
DISCUSSION
In conjunction with a redevelopment project for the Town and Country Village shopping center,
the owner/developer has requested that the City vacate a segment of the abandoned 37-foot right-
of-way for the former Embarcadero road (see plat map attached to Resolution). This right-of-way
is no longer used or needed for street purposes. The vacated right-of-way will be used to provide
additional parking and vehicular circulation for new development on the site, including a new
grocery store. The City will retain a portion of the right-of-way for pedestrian and bicycle use
and will retain a utility easement over the entire right-of-way. In exchange for the use of the
vacated right-of-way, totaling about 9,000 square feet, the owner/developer will: 1) construct a
bike/pedestrian path on the remaining segment of the abandoned right-of-way; and 2) install a
new traffic signal at the intersection of the shopping center main driveway and Embarcadero
Road. In addition, the developer has included a number of bicycle and pedestrian improvements
into the project: new railing along both sidewalks on Embarcadero in the vicinity of the
signalized pedestrian crossing; re-landscaping of the planted area behind the sidewalk along
Embarcadero Road to provide a wider flat walking surface for pedestrians; and enlargement of
the island for pedestrian storage area on the shopping center side of the signalized pedestrian
crosswalk on Embarcadero Road. The bike/pedestrian path will provide a connection to the bike
path extending along the west side of the Caltrain right of way, which is adjacent to the easterly
boundary of the shopping center. The traffic signal will mitigate traffic impacts of the new
development on the site and improve traffic flow at the intersection. The redevelopment project
for the shopping center was recommended for approval by the Architectural Review Board on
December 20, 2007.
CMR: 124:08 Page 2 of 3
The attached Resolution will vacate a portion of the City’s abandoned right-of-way (see plat map
attached to Resolution). This right-of-way is no longer needed for street purposes; however, it
does contain utility facilities. Therefore, the Resolution also reserves an easement for utilities.
Staff has notified the City Utilities, Public Works and Planning departments of the proposal to
vacate the right-of-way, and all concur with the vacation subject to the reservation of a utility
easement. The portion of the right-of-way to be vacated is not necessary for any present or future
use, except for utilities facilities, and therefore it may be summarily vacated, subject to the
reservation of a PUE in accordance with Section 8334 of the California Streets and Highways
Code.
RESOURCE IMPACT
The owner/developer’s cost to install the bike/pedestrian path and the traffic signal is estimated
at a minimum of $366,000. In exchange for the 9,000 square feet of right-of-way to be vacated,
the $366,000 cost amounts to $40.00 per square foot. This is a fair value for use of the vacated
right-of-way, especially considering the City will reserve an easement for utilities beneath the
entire right of way to be vacated.
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of a portion of the public right-of-way and the reservation of a
public utility easement is in conformity with the Palo Alto Comprehensive Plan.
ENVIRONMENTAL REVIEW
The proposed summary vacation of the portion of the street right-of-way is categorically exempt
from the review under the California Environmental Quality Act (CEQA) pursuant to Title 14
California Code of Regulations Section 15305 as a minor alteration in land use limitations.
PREPARED BY:
WILLIAM FELLMAN
Manager, Real Property
DEPARTMENT HEAD APPROVAL:
LALO PEREZ
Director, Administrative Services
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
ATTACHMENTS
Attachment A: Summary Vacation Resolution
CMR: 124:08 Page 3 of 3
cc: Ellis Partners, LLC
CMR: 119:08 Page 1 of 4
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE: JANUARY 22, 2008 CMR:119:08
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2.11 OF
TITLE 2 OF THE PALO ALTO MUNICIPAL CODE TO ESTABLISH A
FEE TO SUPPORT PUBLIC, EDUCATION, AND GOVERNMENT
ACCESS THAT WILL APPLY TO COMCAST AS IT PROVIDES
SERVICE UNDER ITS STATE VIDEO FRANCHISE
RECOMMENDATION
Staff recommends that the Council adopt an ordinance amending Chapter 2.11 of Title 2 of the
Palo Alto Municipal Code to establish a fee to support Public, Education and Government (PEG)
access that will apply to Comcast as it provides service under its State Video Franchise issued by
the California Public Utilities Commission (Commission).
BACKGROUND
On September 29, 2006, Governor Schwarzenegger signed into law Assembly Bill 2987, the
Digital Infrastructure and Video Competition Act of 2006 (DIVCA). The purpose of DIVCA is
to create a streamlined process for the granting of video service franchises in an effort to foster
the rollout of technology, encourage competition and expand customer choice. This new law
permanently changes the franchising and regulatory structure for the provision of cable television
and other video services in the State of California. Under DIVCA, video service franchises are
now granted exclusively by the Commission rather than by local franchising entities.
DIVCA gives the City certain rights and responsibilities with respect to any holder of a state
franchise (Holder). These rights and responsibilities must be established by local ordinance
before they become effective and enforceable. On April 9, 2007 Council approved an ordinance
amending and adding to several chapters of Title 2 (Administrative Code) and Title 12 (Public
CMR: 119:08 Page 2 of 4
Works and Utilities Code) to implement the provisions of DIVCA (CMR:171:07). On June 18,
2007, Council approved amendments to Title 19 to conform the City’s architectural review
process to the requirements of DIVCA (CMR:273:07).
The Commission commenced accepting applications for state franchises in March 2007. The
Commission has 30 days to determine whether a franchise application is complete, and is
required to issue a state franchise within 14 days of determining an application is complete.
Prior to offering video service, the state franchise holder is required to notify the local entity.
The notice shall be given at least 10 days, but no more than 60 days, before the video service
provider begins to offer service.
DISCUSSION
Under DIVCA, Comcast may seek and obtain a state franchise from the Commission after
January 1, 2008, whenever another Holder (such as a competitor like AT&T) enters the Palo
Alto market. AT&T filed for a state franchise to serve an area that includes Palo Alto; the
Commission granted AT&T its state franchise on March 30, 2007. Comcast filed for a state
franchise to serve an area that includes Palo Alto; on January 2, 2008, the Commission granted
Comcast that state franchise. The City anticipates receiving notice from Comcast that it will
begin service in Palo Alto under its State Video Franchise in the near future.
DIVCA allows the City to continue to collect its current PEG support fee of $0.88 per residential
subscriber per month from any Holder. Comcast has been providing PEG support funding of
approximately $300,000 annually. Palo Alto has designated the Media Center, as its community
access organization, to operate and manage its PEG channels and to promote PEG access. The
Media Center relies on the PEG support fee to bring local community media services to Palo
Alto.
Upon the termination of Comcast’s local franchise, the City can by ordinance collect from
Holders either its current PEG support fee ($0.88 per subscriber per month) or a PEG support fee
of 1 percent of the Holder’s gross video-service revenues in the City. At the present time, a PEG
fee of $0.88 per subscriber exceeds what a 1 percent PEG fee would yield by about 30 percent or
$75,000. As a result, staff is proposing that Council adopt an ordinance, amending Chapter 2.11
of the Palo Alto Municipal Code, to establish a PEG fee of $0.88 per subscriber for Holders.
Selecting the $0.88 option has some potential downsides. First, this option has no built in
mechanism for growth and over time inflation could erode its purchasing power. In addition, if
Comcast revenues continue to grow at their current rate, the 1 percent option could yield greater
PEG fees than the $0.88 option in the next 4 to 5 years. However, with anticipated competition
driving down prices and the expected bundling of video with non-video service revenues, it is
risky to assume revenues will grow at the same rate in the future. These potential downsides
notwithstanding, staff and the Media Center recommend the $0.88 option because it provides
more revenue in the short-term and a stable funding amount in the long-term.
DIVCA requires the City to re-authorize by ordinance its PEG fee at the expiration and renewal
of each Holder’s state franchise. Under DIVCA, the term of a state franchise will be 10 years.
CMR: 119:08 Page 3 of 4
It is important to note that, under DIVCA, certain obligations contained in the City’s just expired
franchise with Comcast (e.g., its I-Net obligations and its obligation to provide free cable service
to schools and other public and governmental buildings, etc.) will continue to apply to Comcast
until the franchise would have expired by its terms, or until July 25, 2010. Holders are not
obligated to provide I-Net facilities and free cable service, and Comcast will no longer be
required to do so after July 25, 2010. Staff hopes to negotiate a continuation of these facilities
and services with Comcast after 2010.
NEXT STEPS
In 1983, the cities of Palo Alto, Menlo Park, East Palo Alto, the Town of Atherton and portions
of San Mateo and Santa Clara Counties entered into a Joint Exercise of Powers Agreement (JPA)
for purposes of obtaining cable television service for residents, businesses and institutions within
these jurisdictions. The JPA gives the City of Palo Alto the sole authority to grant and
administer the cable franchise process on behalf of its members. Under DIVCA, Palo Alto no
longer has the authority to grant franchises to providers of cable or video services in the JPA’s
service area. DIVCA does, however, allow the JPA to continue to serve as the “local entity” for
DIVCA purposes, thereby permitting the JPA members to continue to rely on Palo Alto for such
activities as franchise fee and PEG fee collection, PEG oversight, customer service and the like
with respect to all Holders in the JPA’s service area. In early 2008, the JPA plans to amend its
Agreement to reflect changes in the law due to DIVCA.
RESOURCE IMPACT
The proposed ordinance provides for the continued payment of a PEG support fee by Comcast as
it provides service under its State Franchise.. In 2006, the JPA received PEG fees from Comcast
in the amount of $316,113. In 2007, PEG fees are expected to reach about $327,000. In addition
to PEG fees, Holders will continue to pay franchise fees to compensate the City for the use of its
public streets and rights-of-way. In 2006, the City received franchise fees in the amount of
$581,000. Staff does not currently anticipate any material impacts to these revenues as a result
of DIVCA.
Although the City will continue to collect PEG and franchise fees under DIVCA, support for in-
kind PEG services (e.g., free cable service to schools and other public and governmental
buildings and free inclusion of PEG program information on a “TV Guide” channel, etc.) and for
Institutional Network services will be discontinued at the expiration of Comcast’s current
franchise. The potential loss of these services after July 25, 2010, could have a significant, but
undetermined, adverse fiscal impact on government facilities and schools in the JPA’s service
area.
POLICY IMPLICATIONS
This proposed ordinance is consistent with the current State law for video service franchises.
CMR: 119:08 Page 4 of 4
ENVIRONMENTAL REVIEW
This is not a project under the CEQA.
PREPARED BY:
MELISSA CAVALLO
Cable Coordinator
DEPARTMENT HEAD APPROVAL:
LALO PEREZ
Administrative Services Director
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
ATTACHMENTS:
Attachment A: Ordinance
______________________________________________________________________________
CMR: 100:08 Page 1 of 4
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: JANUARY 22, 2008 CMR: 100:08
SUBJECT: APPROVAL OF A TENTATIVE MAP AND A RECORD OF LAND USE
ACTION TO SUBDIVIDE THE ELKS LODGE SITE INTO TWO LOTS,
FOR A NEW LODGE AND A MULTI-FAMILY RESIDENTIAL
PROJECT LOCATED AT 4249 AND 4251 EL CAMINO REAL.
RECOMMENDATION
Staff and the Planning and Transportation Commission (Commission) recommend that the City
Council approve the proposed Tentative Map which proposes to subdivide the Elks Lodge site
into two lots, based upon findings and conditions contained within the draft Record of Land Use
Action (Attachment A).
DISCUSSION
The Tentative Map proposed by SummerHill Homes on behalf of the property owner,
Benevolent and Protective Order of Elks (BPOE), involves a two-lot subdivision of the
approximately 7-acre Elks Lodge site to enable the construction of a new Elks Lodge on Lot 1
and the development of a 45 unit, multi-family residential community by SummerHill Homes on
Lot 2. Although the applicant’s request is for only a two-lot subdivision, PAMC 21.04.030
requires a Tentative Map for certain minor subdivisions involving less than five lots or units
where the total acreage involved exceeds five acres or for any subdivision where an individual
lot created exceeds two acres.
The proposed two lot subdivision would create one 2.82 acre parcel to be retained by BPOE for
the future Elks Lodge and a second 3.97 acre parcel to be purchased by SummerHill Homes for
its proposed multi-family development. Approximately .34 acres of the Elks Lodge site, which is
currently a public access easement for a portion of Deodar Street, would be permanently
dedicted. A preliminary architectural review application for the new Elks Lodge was reviewed
by the Architectural Review Board on August 2, 2007. A formal application for architectural
review of the new Elks Lodge has not yet been submitted. The proposed 45 unit, multi-family
SummerHill Homes development on Lot 2 was granted architectural review approval on October
30, 2007. A Tentative Map for the separate SummerHill Homes development on Lot 2 will be
presented for Commission recommendation and City Council approval after the approval of this
subject two-lot subdivision.
______________________________________________________________________________
CMR: 100:08 Page 2 of 4
Because of the terms of the purchase agreement between BPOE and SummerHill Homes, the
existing Elks Lodge will not be demolished until after the final map for the two-lot subdivision is
recorded. In effect, the proposed lot line subdividing the Elks Lodge site into two lots would
slice through the existing Elks Lodge structure. City staff has discussed the logistics of the
demolition with the applicant and an agreement was reached that a bond or letter of credit would
be provided by the applicant to the City to guarantee the demolition of the Elks Lodge upon final
map recordation. The actual demolition of the Elks Lodge and accessory structures would occur
immediately after final map recordation. Conditions pertaining to the demolition of the Elks
Lodge are included in the attached draft Record of Land Use action. With the incorporation of
conditions relating to the demolition of the Elks Lodge, staff has determined that the two-lot
Tentative Map request is in general conformance with the requirements set forth in Chapter 18
(Zoning) and Chapter 21 (Subdivisions) of the Palo Alto Municipal Code (PAMC). Background
information related to the project’s details and history has been included in the attached draft
Record of Land Use Action.
BOARD/COMMISSION REVIEW AND RECOMMENDATIONS
On November 28, 2007, the Commission conducted a public hearing and recommended (6-0-0-
1) that the City Council approve the Tentative Map to subdivide the Elks Lodge site into two
lots, as submitted, based upon the findings and conditions contained within the draft Record of
Land Use Action. At the hearing, the Commission had questions regarding drainage impacts of
the proposed development which were addressed by the applicant’s civil engineer. Three
members of the public spoke regarding access to Wilkie Way from the proposed development at
the Elks Lodge site, and traffic concerns on Deodar Street and El Camino Real. The
Commission also posed questions regarding pedestrian and bicycle connectivity to Wilkie Way,
and street design and circulation within the proposed development by SummerHill Homes. Staff
explained to the Commission that these issues will be considered with the Tentative Map for the
45-unit SummerHill Homes condominium development (the site planning for which was granted
architectural review approval on October 30, 2007) to be presented to the Commission for
review and recommendation to the City Council within the next three months. Draft minutes
from the Commission hearing are included in Attachment C.
RESOURCE IMPACTS
The proposed map, a lot split, will not result in any cost or revenue impacts to the City. After
acting on the final map for the lot split, Council will review the tentative map allowing for the
45-home condominium project. The CMR for the second tentative map will contain information
about resource impacts of the condominium development, with its associated development
impact fees and provision of public parkland. The Elks Lodge site plans are not yet developed,
but in general the new lodge will replace the old with little change in size and use. The Elks
Lodge project will be reviewed by the Architectural Review Board for recommendation to the
Planning Director. All development review costs for both projects will be recovered through
permit fees.
POLICY IMPLICATIONS
The proposed map is consistent with the Comprehensive Plan in that the site is zoned for multi-
family residential use and the continued use and renovation of the Lodge was expressly
permitted by prior action of the Council. Design and compatibility policies are addressed by the
Architectural Review Board during design review of each project.
______________________________________________________________________________
CMR: 100:08 Page 3 of 4
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) lists a land division of property in an
urbanized area into four or fewer parcels as exempt from CEQA if the subdivision is in
conformance with all zoning regulations. As such, the proposed two lot subdivision would
generally be exempt from the requirements of CEQA. However, CEQA requires that a Lead
Agency examine the potential environmental impacts of the ‘whole of an action’ which has the
potential to physically change the environment, directly or ultimately, and not just the act of
merely subdividing a parcel into two lots. In this case, the two lot subdivision would ultimately
facilitate the construction of two developments – a new fraternal lodge and a 45 unit multi-
family development – which are not exempt from CEQA requirements.
Prior to Architectural Review approval of the proposed SummerHill Homes multi-family
development, Staff prepared an Initial Study and Draft Mitigated Negative Declaration which
discussed the potential impacts of the two lot subdivision, the SummerHill Homes development
and the new Elks Lodge development. The documents were made available for a 20 day public
review period between August 31, 2007 and September 19, 2007. No public comments were
received during this review period. The Environmental Assessment found that the impacts
produced by the project, including the development of the multi-family homes and the new Elks
Lodge, would have less than significant impacts on the environment with the incorporation of
mitigation measures, and less than significant impact on public services. These impacts are
described in the assessment contained in Attachment D. Since State law requires the adoption of
an Initial Study and Mitigated Negative Declaration prior to taking action on a discretionary
project, these environmental documents were adopted on October 25, 2007 by the Director of
Planning and Community Environment, prior to Architectural Review of the proposed
SummerHill Homes project.
PREPARED BY: __________________________________
ELENA LEE
Senior Planner
DEPARTMENT HEAD: __________________________________
STEVE EMSLIE
Director of Planning and Community Environment
CITY MANAGER APPROVAL: __________________________________
EMILY HARRISON
Assistant City Manager
______________________________________________________________________________
CMR: 100:08 Page 4 of 4
ATTACHMENTS
A. Draft Record of Land Use Action
B. Planning & Transportation Commission Staff Report, November 28, 2007
C. Excerpt of the Draft Planning & Transportation Commission Minutes, November 28, 2007
D. Initial Study and Mitigated Negative Declaration, adopted October 25, 2007
E. Tentative Map (Councilmembers only)
COURTESY COPIES
James E. Baer, Premier Properties
Elaine Breeze, SummerHill Homes
Carlin Otto
Penny Ellson
Jean Olmsted
Denis Lose
CMR: 121:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: JANUARY 22, 2008 CMR: 121:08
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING SECTION 9.04.010
(“STREETS, SIDEWALKS, HIGHWAYS, ALLEYS – CONSUMPTION OF
ALCOHOLIC BEVERAGES PROHIBITED”) OF CHAPTER 9.04
(“ALCHOLIC BEVERAGES”) OF TITLE 9 (“PUBLIC PEACE, MORALS,
AND SAFETY”) OF THE PALO ALTO MUNICIPAL CODE TO ALLOW,
IN ALL COMMERCIAL DISTRICTS WHERE OTHERWISE
PERMITTED BY ZONING REGULATIONS, ALCOHOLIC BEVERAGE
SERVICE BY COMMERCIAL ESTABLISHMENTS TO PATRONS
SEATED AT PERMITTED EATING AND DRINKING AREAS ON
PUBLIC SIDEWALKS, SUBJECT TO A CONDITIONAL USE PERMIT
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance amending Section 9.04.010
of the Palo Alto Municipal Code (PAMC) to allow alcoholic beverage service by commercial
establishments at permitted eating and drinking areas on public sidewalks subject to a
conditional use permit.
BACKGROUND
The City of Palo Alto allows restaurants in all commercial areas in the City to put tables and
chairs on the sidewalk, subject to architectural review and an encroachment permit. Many of
these restaurants and cafés also serve alcohol, which requires a license from the State
Department of Alcoholic Beverage Control (ABC). Staff has recently become aware of a
conflict between the encroachment permits the City issues and other City code provisions. At
issue is a regulation originally intended to enable police to prevent people from drinking on
sidewalks, in parking lots, or other public areas, but which technically prohibits restaurants from
serving alcohol at sidewalk seating. Restaurants, therefore, must decide between refusing
alcoholic beverages to patrons sitting in permitted sidewalk seating or risking enforcement by the
City or ABC.
CMR: 121:08 Page 2 of 3
DISCUSSION
The City regulation in question is in Chapter 9.04 of the PAMC. Section 9.04.010 states, “It
shall be unlawful for any person to consume any alcoholic beverage upon any street, sidewalk,
highway or alley.” Exceptions follow for specific locations and special events, with a permit.
There is no exception, however, for eating and drinking establishments.
Section 9.04.010 was established in 1982 in response to “an increasing problem related to the
consumption of alcoholic beverages on public sidewalks, streets, parking lots, alleys, Lytton
Plaza, and other shopping areas.” (CMR 292:82). Laws against being drunk in public were
ineffective in stopping the problem, so the City Council enacted this ordinance, on the
recommendation of the City Manager and Police Chief. The staff report accompanying the
ordinance did not discuss alcoholic beverage service to patrons at permitted sidewalk restaurant
seating, most likely because such seating was not permitted until 1986. However, the staff report
accompanying the 1986 ordinance that allowed sidewalk seating (CMR 528:86) did not discuss
alcoholic beverage service either.
Adopting this ordinance will enable the City to issue permits to serve alcohol at outdoor seating
areas, which will in turn enable restaurant owners to obtain a license from ABC for alcohol sales
and service in those areas. The ordinance is narrowly defined, and only permits alcohol
consumption on sidewalks by patrons seated in legally permitted sidewalk seating.
POLICY IMPLICATIONS
In the 1986 ordinance permitting commercial sidewalk encroachments, the City Council made a
finding that doing so would “enhance pedestrian atmosphere and services”. By adopting this
ordinance, the City Council would continue to fulfill this objective by resolving an inconsistency
that exposes eating and drinking services to enforcement by ABC when restaurants serve patrons
at permitted outdoor seating areas.
RESOURCE IMPACT
Adopting this ordinance will not require the expenditure of additional City resources.
ENVIRONMENTAL REVIEW
Adoption of this ordinance is not a project under the California Environmental Quality Act
(CEQA).
ATTACHMENTS
A. Ordinance amending Section 9.04.010 of the PAMC
PREPARED BY: __________________________________________
JON ABENDSCHEIN
Administrator
CMR: 121:08 Page 3 of 3
DEPARTMENT HEAD REVIEW: __________________________________________
STEVE EMSLIE
Director of Planning and Community Environment
CITY MANAGER APPROVAL: __________________________________________
EMILY HARRISON
Assistant City Manager
COURTESY COPIES
Sandra Lonquist, Palo Alto Chamber of Commerce
Sherry Bijan, Palo Alto Downtown Business and Professional Association
John Benvenuto, Stanford Shopping Center
Ronna DeVincenzi, California Avenue Area Development Association
Marta Reines
James Ellis
CMR:116:08 Page 1 of 4
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: JANUARY 22, 2008 CMR:116:08
SUBJECT: APPROVAL OF MUNICIPAL COMPOST FACILITY STUDY WORK
PLAN
RECOMMENDATION
Staff recommends that Council approve the Municipal Compost Facility Study Work Plan.
BACKGROUND
The City currently maintains a 7.5 acre compositing facility at the Byxbee Park landfill which is
scheduled to close in 2011. Green material managed at the facility includes source separated
yard waste such as lawn clippings, leaves, tree and shrub clippings, brush, and other vegetative
materials generated through landscape maintenance activities. In addition leaves accumulated
through the City’s street sweeping operations “selected screened loads” and clean tree trunk/limb
wood grindings (1 to 2 inch chips) are also deposited at the facility.
Based on data generated from the 2004 transaction records for weighing and fee collection
conducted at the tollbooth, approximately 50 vehicles per day (150 maximum) enter the compost
facility to deliver green material. Of those vehicles, 10 are contract collection vehicles
delivering green material from the curbside collection program, and 16 are government vehicles
(2 leaf truck loads from City sweeping operations and the remaining from the Palo Alto School
District, County of Santa Clara, State of California, and Federal Government vehicles). In
addition, approximately 23 private vehicles deliver green material to the facility. These private
vehicles are predominately self-haul, landscape maintenance companies and contractors.
On August 6, 2007 Council directed staff to:
1) Quantify the reduction in greenhouse gas emissions that would result from maintaining a
compositing facility in Palo Alto.
2) Compare the financial costs of composting in Palo Alto vs. transporting green waste off
site.
3) Compare the pros and cons of in-vessel composting with windrow compositing, with
particular attention paid to land acreage needed and overall cost.
4) Explore potential location for a composting facility, including the current recycling
center, other land in the vicinity of the Regional Water Quality Control Plant (RWQCP),
the unused portion of the Palo Alto airport bordering Embarcadero Road, and the Los
Altos Water Treatment Plant.
5) Analyze the impact on Byxbee Park of maintaining a composting facility near the
RWQCP.
CMR:116:08 Page 2 of 4
To address these issues staff was directed to provide a work plan to Council.
DISCUSSION
In response to Council’s direction, a study team was formed consisting of staff members from a
number of departments and groups including Environmental Compliance, Resource
Management, Public Works Refuse and Engineering, Planning, and the recently formed
Sustainability Team. This team will study and report on the environmental and financial
implications of two different compositing operational scenarios (per attachment A): (1) a new
City-owned and operated municipal compost facility and (2) utilization of one or more compost
facilities outside the City of Palo Alto.
Staff has established a work plan that focuses on the identification and evaluation of several
parameters: input material types and volumes; final product volumes and demand; mileage
estimates (for transport of feedstock material from source to facility and compost product
shipping); and facility types, locations, and operational costs. Staff plans to begin the study by
summarizing current operations, which will include an assessment of currently generated
compostable input material (feedstock) types and volumes (see Task 1, below). Next, staff will
focus on researching potential feedstock materials and issues, local and regional compost product
markets, and compost facility technologies (Tasks 2-3). Following that, the study team will
evaluate potential facility locations (Task 4). To complete the investigation, staff will conduct
environmental and economic feasibility analyses (Task 5). Finally, staff will prepare a
comprehensive report that will summarize the results of Tasks 1-5 of this work plan (Task 6).
Below is a detailed description of the work plan with Council’s August 6, 2007 direction listed in
italics.
Task 1: Describe Current Operations
Staff will evaluate the current composting operation including the size of the facility, the type of
processing that occurs, the types of green waste producers that deliver green waste to the facility
and the average tonnage of green waste accepted. Staff will research the annual revenue that the
City receives for the green waste as well as revenues received from the sale of finished compost
product.
Task 2: Evaluate Potential Feedstock Materials and Final Product Markets
The study team will evaluate possible organic composting feedstock wastes and discuss the
issues associated with composting the wastes. Organic wastes to be considered for composting
include food scraps, compostable paper, untreated wood wastes, raw sewage sludge and treated
biosolids. Staff will evaluate the pros and cons of the City accepting these wastes at a municipal
composting facility.
As part of this task staff will research local and regional markets for selling the final compost
product. Included here will be a discussion regarding the volatility of these markets. At a
minimum, answers to the following questions will be sought:
• To whom and where can the City expect to sell the product?
• What is the value per ton?
• What feedstock material and other restrictions would buyers place on the product?
CMR:116:08 Page 3 of 4
Task 3: Evaluate Potential Municipal Composting Technologies
This research will provide information on available composting technologies and evaluate them
with respect to a municipal operation in Palo Alto. Included here will be a study of the pros and
cons of in-vessel composting with open windrow. In reviewing each of the available
technologies staff will report on sizing requirements (acreage, labor, and buffer area), projected
equipment costs, and additional requirements unique to each technology. This task also entails
researching and describing a few selected municipal compost facilities that are currently in
operation and of relevance to this study.
Task 4: Explore Potential Facility Locations
Staff will explore potential locations for a composting facility, including locations on the current
landfill site, other land in the vicinity of the RWQCP, the unused portion of the Palo Alto airport,
and the Los Altos Treatment Plant (LATP) site, as requested in the August 6, 2007 Colleagues
Memo. Information gathered on feedstock materials, technologies, and markets will be applied,
as well as site specific context, land use, zoning designations, compatibility with dedicated park
use, and other planning concerns. While assessing impacts on adjacent land uses for each of the
sites, the team will specifically analyze the impact on Byxbee Park of maintaining a composting
facility near the RWQCP.
Also, as part of the location analysis, the study team will look into City, County, and State land
use permitting and CEQA requirements. While investigating permitting and CEQA, individual
site characteristics and potential facility types will be taken into consideration.
Task 5: Analyze Environmental and Economic Impacts
Staff will compare the costs and benefits of composting in Palo Alto versus transporting green
waste off-site. The team will include alternative feedstock materials in this analysis as well.
Parameters such as product volumes and estimated value, facility construction and operational
costs, and transport mileages will contribute to determining greenhouse gas impacts and the
financial implications for each of the two operational scenarios.
Task 6: Compile Results and Prepare Final Report
The final report will be a compilation of the results of Tasks 1-5. Maps, tables, and charts will be
included to graphically support analyses and results as appropriate.
Target Dates
February 1 – February 29, 2008 Task 1: Evaluate existing operation.
February 1 – February 29, 2008 Tasks 2 & 3: Conduct feedstock, market, and
technology research.
March 1 – March 31, 2008 Task 4: Conduct location analysis.
April 1 – April 30, 2008 Task 5: Conduct environmental and economic
feasibility analyses.
April 1 – May 30, 2008 Task 6: Compile all results and prepare the final
report.
June 2008
Prepare documents for City of Palo Alto Council
Meeting.
July 2008 Present findings to Council.
CMR:116:08 Page 4 of 4
RESOURCE IMPACT
This Council assignment will require over 200 hours of staff time. Staff believes this effort can
be integrated into existing workloads as long as City Council accepts the proposed timeline for
completion.
ENVIRONMENTAL REVIEW
The Municipal Compost Facility Study Work Plan does not constitute a “project” as defined by
the California Environmental Quality Act (CEQA). All required environmental review will be
done accordingly when the project is defined.
POLICY IMPLICATIONS
The recommendation does not represent changes to existing City policies.
ATTACHMENTS
Attachment A: Colleagues Memorandum dated August 6, 2007
PREPARED BY: _______________________________
BRIDGET RYAN
Engineering Technician III
APPROVED BY: _______________________________
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: _______________________________
EMILY HARRISON
Assistant City Manager