HomeMy WebLinkAbout2008-06-16 City Council Agenda Packet
1 06/16/08
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 DURING NORMAL BUSINESS HOURS.
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
June 16, 2008
6:00 PM
ROLL CALL
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.
1. Public Employment
Title: City Manager
Authority: Government Code section 54957(b)
7:00 PM or as soon as possible thereafter
SPECIAL ORDERS OF THE DAY
2. Presentation About 2009 Senior Games
2A. Proclamation Recognizing the Palo Alto Humane Society for 100 Years
of Service to Palo Alto
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 or Oral Communications.
APPROVAL OF MINUTES
CONSENT CALENDAR
Items will be voted on in one motion unless removed from the calendar by two Council Members.
06/16/08 2
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 DURING NORMAL BUSINESS HOURS.
3. Approval of a Utilities Enterprise Fund Contract with D'Arcy & Harty
Construction, Inc. in an Amount Not to Exceed $1,177,695 for
Wastewater Collection System Rehabilitation Capital Improvement
Program Project WC-06003 Project 19B
CMR 273:08 Attachment
4. Approval of a Utilities Enterprise Fund Contract with Roto Rooter
Services Company for Sewer Lateral Cleaning Services in an Amount
Not to Exceed $160,000 Per Year and a Term of Up to Three Years
CMR 258:08 Attachment
5. Adoption of a Resolution Summarily Vacating a Public Service
Easement for Utilities at 780 Rosewood Drive
CMR 274:08 Attachment
6. Adoption of a Resolution of the Council of the City of Palo Alto
Establishing its Future Intention to Appoint a City Manager
CMR 287:08 Attachment
7. Approval of a Contract Amendment Between the City of Palo Alto and
Telecommunications Engineering Associates (TEA) in an Amount of
$128,930 Per Year for Annual Maintenance Services of Radio
Infrastructure for Five Years
CMR 230:08 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
PUBLIC HEARINGS
06/16/08 3
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 DURING NORMAL BUSINESS HOURS.
8. Approval of a Mitigated Negative Declaration and Adoption of an
Ordinance Amending the Zoning Map of the City Of Palo Alto to
Change the Zone Designation for Approximately 0.45 Acres,
Located at 2995 Middlefield Road, from Planned Community
(PC 3779) to Neighborhood Commercial (CN) Zone District with
a Retail Shopping (R) Combining District
CMR 270:08 Attachment
9. Approval of a Site and Design, Mitigated Negative Declaration and
Record of Land Use Action for a New Spa and Fitness Facility, Below
Grade Parking, Tennis Court, Additional Floor Area for Accessory Uses
Including Offices, Bar, Banquet and Storage Areas and Other Site
Improvements Located Within the Open Space (OS) Zone District at
3000 Alexis Drive (Staff requests item be continued by Council Motion to a date uncertain)
Attachment
REPORTS OF COMMITTEES AND COMMISSIONS
ORDINANCES AND RESOLUTIONS
REPORTS OF OFFICIALS
10. Approval of Letter of Intent with the Friends of Lytton Plaza Park,
L.L.C., for the Design, Construction and Installation of Trees, Fountain,
Park Amenities and Other Improvements at Lytton Plaza – Capital
Improvement Program Project PE-08004
CMR 281:08 Attachment
COUNCIL MATTERS
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Members of the public may not speak to the item(s).
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: 273:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: JUNE 16, 2008 CMR: 273:08
SUBJECT: APPROVAL OF A UTILITIES ENTERPRISE FUND CONTRACT WITH
D’ARCY & HARTY CONSTRUCTION, INC. IN AN AMOUNT NOT TO
EXCEED $1,177,695 FOR WASTEWATER COLLECTION SYSTEM
REHABILITATION CAPITAL IMPROVEMENT PROGRAM PROJECT
WC-06003 PROJECT 19B
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his designee to
execute the attached contract with D’Arcy & Harty Construction, Inc. (Attachment A) in an
amount not to exceed $1,177,695 for Wastewater Collection System Rehabilitation Capital
Improvement Program WC-06003 (WWC Project 19B).
Staff also recommends that Council approve and authorize the City Manager or his designee to
negotiate and execute one or more change orders to the contract with D’Arcy & Harty
Construction, Inc. for related, additional but unforeseen work which may develop during the
project, the total value of which shall not exceed $117,770.
DISCUSSION
Project Description
The work to be performed under the contract is for the replacement of approximately 8,100
linear feet of sanitary sewer mains of various sizes, 30 sewer manholes, and 200 sewer service
laterals. The scope includes the replacement of sewer mains, manholes, and laterals on
Arastradero Road and adjacent streets, as well as the replacement of sewer laterals on California
Avenue in the business district.
3
CMR: 273:08 Page 2 of 3
Summary of Bid Process
Bid Name/Number Project 19B Sanitary Sewer Rehabilitation/126462
Proposed Length of Project 180 calendar days
Number of Bids Mailed to
Contractors
8
Number of Bids Mailed to Builder’s
Exchanges
3
Total Days to Respond to Bid 21
Pre-Bid Meeting? Yes
Number of Company Attendees at
Pre-Bid Meeting
1
Number of Bids Received: 2*
Bid Price Range From a low of $1,177,695 to a high of $1,221,306
*2 responsive bids were received out of a total of 6 submittals. Bid summary is provided in
Attachment B.
Staff has reviewed all bids submitted and found that four out of six bids were non-responsive
because they failed to submit the required documentation for pipe-bursting experience. Staff
recommends that the bid of $1,177,695 submitted by D’Arcy & Harty Construction, Inc. be
accepted and that D’Arcy & Harty Construction, Inc. be declared the lowest responsive and
responsible bidder. The bid is eighteen percent below the engineer's estimate of $1,438,750.
The change order amount of $117,770, which equals 10 percent of the total contract, is requested
for unforeseen additional work that may develop during the project.
Staff confirmed with the Contractor's State License Board that the contractor has an active
license on file. Staff checked references supplied by the contractor for previous work performed
and found no significant complaints.
PROJECT COORDINATION
The work will be coordinated with the Public Works Department at the monthly department
coordination meetings and by meeting independently with Public Works’ project managers
whose projects may directly impact this project. During the coordination meetings, staff is
aggressively targeting areas such as Arastradero Road and California Avenue to more closely
plan and coordinate underground infrastructure into future street maintenance phases. The
targeted streets will be resurfaced in Public Works Engineering’s upcoming projects after utility
work is completed to prevent trenching in newly repaved streets.
RESOURCE IMPACT
Funds for this project are available in the Wastewater Collection Funds Capital Improvement
Program budgets.
CMR: 273:08 Page 3 of 3
POLICY IMPLICATIONS
This recommendation is consistent with the Council-approved Utilities Strategic Plan, Key
Strategy #2, “Invest in utility infrastructure to deliver reliable service.”
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guideline Sections 15301 (b) repair and maintenance of existing public utility
facilities and 15302 (c) replacement or reconstruction of existing utility facilities involving no
expansion of capacity.
ATTACHMENTS
A: Contract
B: Bid Summary
C: Certificate of Non-Discrimination
PREPARED BY: Silvia Santos, Project Engineer
Edward Wu, Senior Project Engineer
Roger Cwiak, Engineering Manager
DEPARTMENT HEAD: __________________________________
VALERIE O. FONG
Director of Utilities
CITY MANAGER APPROVAL: __________________________________
STEVE EMSLIE/KELLY MORARIU
Deputy City Managers
CMR: 258:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: JUNE 16, 2008 CMR: 258:08
SUBJECT: APPROVAL OF A UTILITIES ENTERPRISE FUND CONTRACT WITH
ROTO ROOTER SERVICES COMPANY FOR SEWER LATERAL
CLEANING SERVICES IN AN AMOUNT NOT TO EXCEED $160,000
AND A TERM OF UP TO THREE YEARS
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his or her designee to
execute the attached contract with Roto Rooter Services Company in an amount not to exceed
$160,000 for the first year of Sewer Lateral Cleaning Services.
Staff also recommends that Council approve and authorize the City Manager or his or her
designee to exercise the option to renew the contract for the second and third years (in an amount
not to exceed of $160,000 per year), provided the funds are appropriated in the budget for
subsequent fiscal years, the contractor is responsive to the City's needs, and the quality of the
contractor's work product is acceptable during each year of the contract.
DISCUSSION
Project Description
The work to be performed under this contract is for cleaning sewer laterals when a customer
reports a sewer back-up. The Contractor is required to provide a timely response to the City’s
requests and to be available to clean the sewer laterals 24-hours a day, 365 days a year on an as-
needed basis.
This contract will allow the City’s Utilities Wastewater Operations staff to focus on scheduled
maintenance and repairs to the 200-miles of collection system mains and will reduce the City’s
overtime costs for responding to sewer blockage calls during the holidays.
4
CMR: 258:08 Page 2 of 3
Summary of Bid Process
Bid Name/Number Sewer Lateral Cleaning Services/RFQ #126818
Proposed Length of Project 36 months
Number of Bids Mailed to Contractors 4
Number of Bids Mailed to Builder’s
Exchanges
0
Total Days to Respond to Bid 14
Pre-Bid Meeting? yes
Number of Bids Received: 2*
*Bid summary provided in Attachment B.
Staff has reviewed the bids submitted and recommends that the bid submitted by Roto Rooter
Services Company be accepted and that Roto Rooter Services Company be declared the lowest
responsible bidder.
Staff confirmed with the Contractor's State License Board that the contractor has an active
license on file. Staff checked references supplied by the contractor for previous work performed
and found no significant complaints.
RESOURCE IMPACT
The first year of funding, $160,000, has been budgeted in FY 08/09.
POLICY IMPLICATIONS
This recommendation is consistent with the Council approved Utilities Strategic Plan Key
Strategy #2, “Invest in utility infrastructure to deliver reliable service.”
ENVIRONMENTAL REVIEW
This project is categorically exempt from California Environmental Quality Act (CEQA)
pursuant to CEQA Guideline Sections 15301 (b) repair and maintenance of existing utility
facilities and 15302 (c) replacement or reconstruction of existing utility facilities.
CMR: 258:08 Page 3 of 3
ATTACHMENTS
A: Contract
B: Bid Summary
C: Insurance Certificate
PREPARED BY: Silvia Santos, Project Engineer, Engineering WGW
Frank Alvarado, Supervisor, Operations WGW
Javad Ghaffari, Manager, Operations WGW
DEPARTMENT HEAD: __________________________________
VALERIE O. FONG
Director of Utilities
CITY MANAGER APPROVAL: ________________________ ____
STEVE EMSLIE/KELLY MORARIU
Deputy City Managers
CMR: 274:08 Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE: JUNE 16, 2008 CMR: 274:08
SUBJECT: ADOPTION OF A RESOLUTION SUMMARILY VACATING A PUBLIC
UTILITY EASEMENT AT 780 ROSEWOOD DRIVE
RECOMMENDATION
Staff recommends that Council adopt the attached Resolution summarily vacating a public
service utilities easement located at 780 Rosewood Drive.
DISCUSSION
The owners of the property at 780 Rosewood Drive have requested that the City vacate a 10-foot
public utilities easement (PUE) which runs across their property. The owners plan to install a
pool in their back yard which will encroach into the 10-foot PUE. Staff has notified AT&T
(formerly SBC) Communications, City Utilities, Public Works and the Planning Department of
the proposal to vacate the PUE, and all concur with the vacation, subject to a Utilities
Department condition requiring the owners to grant the City a new 5-foot PUE to replace the
existing 10-foot PUE, and to pay for the relocation of the utilities located within the PUE to be
vacated. The owner has granted the new 5-foot PUE, and the utility facilities have been
relocated at the owner’s cost. Therefore, the 10-foot PUE to be vacated is not necessary for any
present or future use and it may be summarily vacated in accordance with Section 8333 of the
California Streets and Highways Code.
RESOURCE IMPACT
The easement vacation processing fee of $1,260.00, as set forth in the Municipal Fee Schedule
is not applicable when a new PUE easement is granted in exchange.
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of the PUE is in conformity with the Palo Alto Comprehensive
Plan.
CMR: 274:08 Page 2 of 2
ENVIRONMENTAL REVIEW
The proposed summary vacation of the PUE is categorically exempt from 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.
ATTACHMENTS
Attachment A: Summary Vacation
cc: Property Owners
PREPARED BY:
DONNA HARTMAN
Sr. Financial Analyst, Administrative Services
DEPARTMENT HEAD APPROVAL:
LALO PEREZ
Director, Administrative Services
CITY MANAGER APPROVAL:
STEVE EMSLIE and KELLY MORAUIU
Deputy City Managers
CMR:287:08 Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: CITY MANAGER’S OFFICE
DATE: JUNE 23, 2008 CMR: 287:08
SUBJECT: ADOPTION OF A RESOLUTION OF THE COUNCIL OF THE CITY OF
PALO ALTO ESTABLISHING ITS FUTURE INTENTION TO APPOINT
A CITY MANAGER
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution (Attachment A)
establishing the Council’s future intention to appoint a City Manager.
BACKGROUND/DISCUSSION
Article IV, Section 3 of the Palo Alto City Charter requires the City Council to adopt a resolution
of its intent to appoint a city manager no less than (30) days before any appointment to the office
can be made. The current City Manager has announced his intent to retire in July/August 2008
pending the appointment by the Council of his successor. The Council has initiated the
recruitment process for the new city manager and anticipates making an appointment in July or
August 2008.
Following Council adoption of this resolution, the City Clerk will publish the resolution once in
the official newspaper of the City to meet the noticing requirements of the Charter.
RESOURCE IMPACT
There will be a minor expense to publish this resolution in the paper. This expense will be
absorbed as part of the City Clerk’s operating budget.
POLICY IMPLICATIONS
This recommendation is consistent with existing City Council policies and the City Charter.
ENVIRONMENTAL REVIEW
This recommendation is not a project requiring environmental review under the California
Environmental Quality Act (CEQA).
CMR:287:08 Page 2 of 2
Attachment A: Resolution of the Council of the City of Palo Alto Establishing Its Future
Intention to Appoint a City Manager
PREPARED BY: _________________________________
KELLY MORARIU
Interim Deputy City Manager
APPROVED BY: _________________________________
FRANK BENEST
City Manager
CMR:230:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: POLICE DEPARTMENT
DATE: JUNE 16, 2008 CMR:230:08
SUBJECT: APPROVAL OF A CONTRACT AMENDMENT BETWEEN THE CITY
OF PALO ALTO AND TELECOMMUNICATIONS ENGINEERING
ASSOCIATES (TEA) IN AN AMOUNT OF $128,930 PER YEAR FOR
ANNUAL MAINTENANCE SERVICES OF RADIO
INFRASTRUCTURE FOR FIVE YEARS
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute an amendment
extending the contract with Telecommunications Engineering Associates (TEA) in the amount of
$128,930 per year. The contract will provide for annual maintenance services for the City’s
radio infrastructure and related console radio equipment.
BACKGROUND
As part of the Fiscal Year 2003-05 budget process, the Police Department proposed contracting
out portions of the City’s Radio Shop as part of its cost-cutting efforts. The contracting enabled
the elimination of a full-time Communications Technician and outsourcing of the related
engineering and maintenance services. This was approved by City Council as part of the budget
process in June 2003.
On June 24, 2003, the Police Department executed a five-year contract (Contract No. S3147499)
with Telecommunications Engineering Associates in the amount of $51,008 for Fiscal Year
2003-04, $56,996 for Fiscal Year 2004-05, and $99,338 for Fiscal Years 2005-2008 for
professional maintenance and repair services for the City’s two-way radio infrastructure and
related console equipment (CMR:295:04). The increased costs were related to additional
equipment added for maintenance coverage under the contract.
Since 2003, TEA has provided quality engineering and maintenance services to the City of Palo
Alto. As such, the Police Department is seeking sole-source approval by the Council for the
CMR:230:08 Page 2 of 3
agreement because of TEA’s excellent service, high-quality work product, and thorough
knowledge of the City’s current radio systems, its equipment, how the telecommunications
systems are interconnected and function, and due to their more than 25 years of experience
installing and maintaining these types of systems. TEA also provides maintenance services
under contract for the Cities of Los Altos and Mountain View. Since the public safety personnel
from each of our three jurisdictions interact nearly daily for law enforcement and fire operations,
there is an additional benefit of using the same vendors maintaining our systems as personnel
operate on all three radio systems.
DISCUSSION
It is imperative that the City’s radio infrastructure and related equipment be maintained and
equipment engineered and installed at the highest levels of service. Continuing to contract out
these services provides a more efficient means of meeting the service level demands of the user
departments and a more cost-effective approach for delivering these essential services. Through
the extension of this contract for an additional five years, TEA would continue to provide
professional telecommunications engineering services to maintain the City’s radio infrastructure
and related equipment 24 hours a day, 365 days a year. All equipment covered under this
agreement will be maintained by TEA and kept in premium working condition, utilizing
contemporary industry standards and modern preventative maintenance techniques.
Staff feels that it would not be cost-effective for the City to conduct another competitive bid
process as it would take several months to complete a competitive bid process. Continuing to
receive high-quality maintenance services through the TEA agreement will ensure that our first
responders and other users of the City’s radio systems will be able to operate on radio systems
that are well-maintained and reliable.
RESOURCE IMPACT
The annual cost of $128,930 is covered in the Police Department’s operating budget. By
entering into an extension, the City receives a reduction of two percent per year, for a maximum
of 10 percent monthly cost reduction. The annual maintenance cost of $128,930 will remain
constant for the duration of the five-year agreement.
POLICY IMPLICATIONS
This amendment is consistent with existing City policy, including the City Manager’s
commitment to cost-saving efforts.
CMR:230:08 Page 3 of 3
ENVIRONMENTAL REVIEW:
This contract is exempt from the requirements of the California Environmental Quality Act
(CEQA), pursuant to Section 15301 of the CEQA guidelines.
PREPARED BY: ______________________________________________
CHARLES CULLEN
Acting Director, Police Technical Services
REVIEWED BY: ______________________________________________
LYNNE JOHNSON
Police Chief
CITY MANAGER APPROVAL: __________________________________
STEVE EMSLIE and KELLY MORARIU
Deputy City Managers
______________________________________________________________________________
CMR: 270:08 Page 1 of 4
8
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: JUNE 16, 2008 CMR: 270:08
SUBJECT: APPROVAL OF A MITIGATED NEGATIVE DECLARATION AND
ADOPTION OF AN ORDINANCE AMENDING THE ZONING MAP OF
THE CITY OF PALO ALTO TO CHANGE THE ZONE DESIGNATION
FOR APPROXIMATELY 0.45 ACRES, LOCATED AT 2995
MIDDLEFIELD ROAD, FROM PLANNED COMMUNITY (PC 3779) TO
NEIGHBORHOOD COMMERCIAL (CN) ZONE DISTRICT WITH A
RETAIL SHOPPING (R) COMBINING DISTRICT.
RECOMMENDATION
Staff and the Planning and Transportation Commission (PTC) recommend that the Council:
1. Approve the proposed Mitigated Negative Declaration (Attachment B) and;
2. Adopt the Ordinance to change the zoning classification of 2995 Middlefield Road from
Planned Community (PC-3779) to Neighborhood Commercial Zone District (CN) with a
Retail Shopping Combining District (R) (Attachment A).
PROJECT DESCRIPTION
The applicant, Old Trace Middlefield Partners, represented by Eric Corrigan, is requesting that
the City consider rezoning the property at 2995 Middlefield Road, as shown on the location map
(Attachment C), from Planned Community (PC-3779) to Commercial Neighborhood. The
applicant is requesting the change from a designation that specifically allowed a gas station to a
more general commercial designation to accommodate a broader range of retail and commercial
uses. The applicant intends to submit an application for review of the removal of the gas station
and development of a commercial building on the site. A subsequent environmental review
document would be prepared and circulated for any new development resulting from this
rezoning. The subject property was rezoned to Planned Community (PC-3779) on November 9,
1987 from RM-2 (Low Density Multiple Family Residential) to allow the continued operation of
an existing gas station and associated improvements.
______________________________________________________________________________
CMR: 270:08 Page 2 of 4
The project site is comprised of 0.45 acre of land, located on the north side of Middlefield Road,
approximately 65 feet southeast of Matadero Creek. The site is developed with a gas station that
has been inoperative since 2004. The property was purchased by the current owner, Old Trace
Middlefield Partners, from BP West Coast Products, LLC, in December 2007. The conditions of
the property sale include that the new owner cannot re-establish a gas station on the site. The
property is bounded by the Winter Lodge, a community/non-profit recreational use on City-
owned land, on the north, east and west.
BOARD/COMMISSION REVIEW AND RECOMMENDATIONS
On January 30, 2008, the PTC reviewed the proposal. Four members of the public spoke on the
project. One member of the public spoke to the PTC regarding this item, expressing his support
for the proposal and noting that the proposed zoning was suited for the building and site and a
new tenant could then use the building more appropriately.
Sheri Furman, representing the Midtown Residents Association, also spoke in favor of the
rezoning. The third speaker spoke about concerns with the potential impacts, including aesthetics
and parking lot landscaping. The fourth member of the public stated that the site should be
zoned residential given that the majority of the properties surrounding the subject site are
residentially zoned.
The PTC voted 3-2-1-0 (Keller and Garber voted no and Tuma absent) to recommend that the
City Council approve the Mitigated Negative Declaration and adopt an ordinance to change the
zoning designation from Planned Community (PC 3779) to Neighborhood Commercial (CN)
with a Retail Shopping Combining District (R). The staff report and minutes of the PTC meeting
are attached (Attachments G and H).
The PTC expressed concern about the unique configuration of the subject parcel. The site is
surrounded on the north, east and west by City-owned land, which has a zoning designation of
Public Facility (PF) and is occupied by the Winter Lodge. The driveway for the site is located
between two driveways that serve the surrounding Winter Lodge. The PTC voted 5-0-1 (Tuma
absent) to request City staff to engage the applicant and Council to investigate better utilization
of the property and the Winter Lodge property. The purpose would be to maximize built area of
retail and office, to reduce the number of driveways and to accommodate a use that would be
compatible and benefit the Winter Lodge. Per Linda Jensen, executive director of Winter Lodge,
and Bill Fellman of the City’s Administrative Services Department, the Winter Lodge had
attempted to purchase the property from the original owner but was unable to come to an
agreement due to costs. City staff will continue to work with the applicant on the subsequent
development application to maximize retail uses and reduce driveways should the rezoning be
approved.
In response to the PTC’s motions and concerns regarding utilization of the subject site and the
adjacent Winter Lodge property, the applicant has notified staff that although they are not
interested in selling the property to the City, they are interested in working with staff to
reconfigure the site to maximize efficient use of the property (see Attachment I). The applicant
has indicated that if the rezoning is approved, he will work with staff to reduce the number of
driveways as part of any new development proposal. The goal is to redesign the subject site so
that driveways can be shared with the Winter Lodge, which will reduce the number of driveway
cuts. The reduction in the number of driveway cuts offers an opportunity to increase circulation
______________________________________________________________________________
CMR: 270:08 Page 3 of 4
efficiency, maximize buildable land, and provide for greater design compatibility with the
adjacent Winter Lodge.
RESOURCE IMPACT
Between $1,000 and $1,500 in sales and utility users’ tax is projected from this project. All
planning and other fees associated with the rezoning and building are cost reimbursed. Other
city costs to support this facility such as public safety are marginal and will not impact the
budget.
POLICY IMPLICATIONS
The Comprehensive Plan designation for this site is Neighborhood Commercial. The proposed
zone district and Combining District are consistent with the land use designation. Any future
development will be required to comply with the development standards and requirements of the
Neighborhood Commercial (CN) and Retail Shopping Combining Districts (R).
ENVIRONMENTAL IMPACTS
A draft Initial Study and Mitigated Negative Declaration, which reviewed the environmental
issues related to the rezoning, as required by the California Environmental Quality Act (CEQA),
was circulated for a 20-day public review period that began January 18 and ended on February 7,
2008. A revised Initial Study and Mitigated Negative Declaration was completed and circulated
analyzing the addition of the Retail Shopping Combining District (R) for a 20-day public review
period that began April 7 and ended on May 1, 2008. A copy of the revised environmental
document is provided as Attachment B. Key mitigation measures include the requirement of
obtaining written approval from the Santa Clara Valley County Department of Health prior to
any development approvals and any construction activity. The Draft Initial Study and Mitigated
Negative Declaration must be adopted prior to the Council decision on this project application.
PREPARED BY: _________________________________
ELENA LEE
Senior Planner
DEPARTMENT HEAD: _________________________________
CURTIS WILLIAMS
Interim Director of Planning and
Community Environment
CITY MANAGER APPROVAL: _________________________________
STEVE EMSLIE/KELLY MORARIU
Interim Deputy City Managers
______________________________________________________________________________
CMR: 270:08 Page 4 of 4
ATTACHMENTS
A. Draft Ordinance
B. Draft Initial Study and Draft Mitigated Negative Declaration
C. Location Map
D. Planned Community (PC-3779) Zoning District
E. Neighborhood Commercial District (CN) Regulations
F. Retail Combining District (R) Regulations
G. January 30, 2008 Planning & Transportation Commission staff report w/o attachments
H. Planning & Transportation Commission Minutes of January 30, 2008.
I. Correspondence from Old Trace Middlefield Partners, dated May 6, 2008
COURTESY COPIES
Project Applicant and Owner
Sheri Furman, Midtown Residents Association
_____________________________________________________________________________________________
CMR:281:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL 10
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE: JUNE 16, 2008 CMR:281:08
SUBJECT: APPROVAL OF A LETTER OF INTENT WITH THE FRIENDS OF
LYTTON PLAZA PARK, L.L.C., FOR THE DESIGN, CONSTRUCTION
AND INSTALLATION OF TREES, FOUNTAIN, PARK AMENITIES AND
OTHER IMPROVEMENTS AT LYTTON PLAZA – CAPITAL
IMPROVEMENT PROGRAM PROJECT PE-08004
RECOMMENDATION
Staff recommends that Council authorize the City Manager or designee to sign the attached
Letter of Intent with the Friends of Lytton Plaza Park, L.L.C., for improvements located within
Lytton Plaza Park, including the installation of trees, a fountain, site amenities and other
improvements.
BACKGROUND
On June 11, 2007, Council approved the allocation of $50,000 from the Infrastructure Reserve
Fund to Capital Improvement Project PE-08004 for preliminary design for the renovation of
Lytton Plaza Park (200 University Avenue at Emerson Street). On June 9, 2008, Council
approved a supplemental allocation for construction expenses of $300,000 for the City’s share of
a public/private partnership to renovate the Plaza.
The Friends of Lytton Plaza Park, LLC, have legally incorporated in order to eventually enter
into an agreement with the City to occupy the Plaza for a period of approximately three months
so that the Plaza can be rebuilt. The Friends have worked with landscape architects to create a
conceptual plan for the Plaza that will make the park inviting, family oriented, and a community
gathering spot. Original round benches/planters would be replaced with movable tables and
chairs under an expanded canopy of trees that will allow visitors to read, converse and enjoy
their lunches in a relaxed setting.
The concept of improving Lytton Plaza was reviewed by the Parks and Recreation Commission
on October 23, 2007. The Commission supported the initial concept of the renovations. A
publicly noticed meeting was held at City Hall on May 28, 2008 to receive comments and
suggestions from the public on the project.
_____________________________________________________________________________________________
CMR:281:08 Page 2 of 3
DISCUSSION
Staff has worked cooperatively with the Friends to develop a Letter of Intent (Attachment A) that
lays out the responsibilities and expectation of both parties. Similar to Letters of Intent with the
Friends of Heritage Park and the Palo Alto Art Foundation, the letter describes the scope of the
renovation project, the amount of money that will be contributed by each partner, and the
responsibilities for the on-going maintenance of the park once it is improved.
Once the Letter of Intent is executed by both parties, the Friends will work with design
consultants to prepare detailed construction plans and specifications for the project. The Friends
will return to the City with plans to be submitted for Planning Department, Architectural Review
Board, and Planning & Transportation Commission review. The Friends will then develop a
budget for the project, ensuring that there are adequate funds to successfully complete the
project, a detailed construction timeline and evidence of insurance. Staff will then return to
Council with a Park Improvement Ordinance, Budget Amendment Ordinance, and Agreement To
Enter documents for review and approval. The Agreement To Enter specifies policy and
procedural guidelines for the Lytton Plaza Park, LLC to follow regarding construction, safety,
liability, and payment details. The agreement follows similar public/private partnership
agreements that provide for authorized non-profits to manage the improvement of City facilities.
Other examples of such partnerships include the Friends of the Children’s Theatre for the
construction of the Magic Castle, and an agreement with Perry-Arrillaga for the construction of a
refreshment stand at the Baylands Athletic Center.
Once the project is successfully constructed and accepted by the City, the City will complete the
payment of project-related invoices, the Agreement To Enter will terminate, and the City will
resume maintenance responsibilities for the Plaza.
If the Friends or the City determine that it is not in their best interest to proceed with construction
of the Project, then the City will share in one-half of the design costs of the project up to, but not
exceeding, the amount of $50,000.
RESOURCE IMPACT
Funds for the City’s share of this project are included in Capital Improvement Program Project –
PE-08004 (Lytton Plaza Renovation). Funds for this project will be matched by the Friends of
Lytton Plaza Park, LLC. The LLC estimates the total cost of the renovations to be $700,000.
The Letter of Intent caps the City’s financial participation for design and construction of
improvements at $350,000.
The current maintenance and utilities cost of the Plaza is approximately $4,235. The projected
annual cost to the City for maintaining and operating the plaza is estimated at $8,600. This cost
includes the maintenance and operational costs of a water feature which will be added to the
Plaza.
POLICY IMPLICATIONS
This project is consistent with the recently approved (Policies & Services Committee)
public/private partnership policy as a “joint partnership project.”
_____________________________________________________________________________________________
CMR:281:08 Page 3 of 3
The proposed project is consistent with existing City policy, including C-26: Maintain and
enhance existing park facilities.
A Park Improvement Ordinance will be required for park development. The Ordinance will be
prepared and presented to the Council at the point when the actual project agreement is ready for
Council approval.
ENVIRONMENTAL REVIEW
Environmental review will be performed at the time the project is presented to Council for
approval.
ATTACHMENTS
Attachment A: Letter of Intent
PREPARED BY: ____________________________________________________________
GREG BETTS
Open Space and Parks Division Manager
DEPARTMENT HEAD:_______________________________________________________
RICHARD JAMES
Director of Community Services
CITY MANAGER APPROVAL:________________________________________________
STEVE EMSLIE/ KELLY MORARIU
Deputy City Managers