HomeMy WebLinkAbout2008-09-15 City Council Agenda Packet
1 09/15/08
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, 250 HAMILTON AVE. 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
September 15, 2008
6:00 PM
ROLL CALL
STUDY SESSION
1. Status Update on Elements of the Wildland Fire Management Plan
7:00 PM as soon as possible thereafter
SPECIAL ORDERS OF THE DAY
2. Adoption of a Resolution Expressing Appreciation to John Stichter Upon
His Retirement
Attachment
3. Adoption of a Resolution Expressing Appreciation to Abby Boyd Upon
Her Retirement
Attachment
4. Adoption of a Resolution Expressing Appreciation to Clem Keyes Upon
His Retirement
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 period to 30 minutes.
09/15/08 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, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
APPROVAL OF MINUTES
July 14, 2008
July 21, 2008
July 28, 2008
August 04, 2008
CONSENT CALENDAR
Items will be voted on in one motion unless removed from the calendar by two Council Members.
5. Utilities Advisory Commission Recommendation to Adopt a Resolution
Approving the Customer Identification and Credit Information
Protection Program in Compliance with the Fair and Accurate Credit
Transactions Act of 2003
CMR 363:08 Attachment
6. Adoption of an Ordinance Amending Section 2.08.210 of Chapter
2.08 of Title 2 [Officers and Departments] and Section
22.04.035 of Chapter 22.04 of Title 22 [Park and Recreation
Building Use and Regulations] of the Palo Alto Municipal Code
to Amend Employee Titles and Names of Divisions and Reflect
the Titles of Employees Who are Authorized to Issue Citations,
Respectively
CMR 342:08 Attachment
7. Adoption of an Ordinance Adding Sections 22.04.342 and
22.04.343 of Chapter 22.04 of Title 22 [Park and Recreation
Building Use and Regulations] of the Palo Alto Municipal Code
to Prohibit the Consumption of Alcoholic Beverages in Heritage
Park and Eleanor Pardee Park
CMR 337:08 Attachment
8. Adoption of an Ordinance Approving and Adopting a Park
Improvement Plan for the Rehabilitation and Relocation of the
Building Commonly Known as the Palo Alto Sea Scouts Base
Building and Improvement of the 2500 Block of Embarcadero
(Harbor) Road Within Byxbee Park and City-Owned Baylands
CMR 367:08 Attachment
09/15/08 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, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
9. Adoption of an Ordinance Amending Section 2.21.020
[Architectural Review Board], Section 16.49.030 [Historic
Resources Board], Section 2.22.015 [Human Relations
Commission], Section 2.24.020 [Library Advisory Commission],
Section 2.25.020 [Parks and Recreation Commission], Section
2.20.015 [Planning and Transportation Commission], Section
2.18.030 [Public Art Commission], and Section 2.23.020
[Utilities Advisory Commission] to Reduce the Publication of
Board and Commission Recruitment Ads from Four
Advertisements to Two Advertisements in a Two Week Period
Attachment
10. Adoption of a Resolution Amending and Restating the Administrative
Penalty Schedule and Civil Penalty Schedules for Certain Violations of
the Palo Alto Municipal Code and the California Vehicle Code
Established by Resolution No. 8740
Attachment
11. Approval of Contract Amendment No. 13 Extending the Term of the
Rail Shuttle Bus Administration Agreement With the Peninsula Corridor
Joint Powers Board Through 6/30/2009 and Increasing the Expenditure
Limit by $365,000 for a Total of $2,242,419
CMR 362:08 Attachment
12. Approval of Amendment No. 3 to Contract No. C3144644 With
Huntsman Architectural Group in the Additional Amount of $82,006 for
a Total Amount of $1,262,952 for the Civic Center Infrastructure
Improvements Project – Capital Improvement Program Project PF-
01002
CMR 351:08 Attachment
13. Approval of Contract With Flack & Kurtz, Inc. in the Amount of
$220,000 for Construction Administration Services for the Civic Center
Infrastructure Improvements Project - Capital Improvement Program
Project PF-01002
CMR 344:08 Attachment
09/15/08 4
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
14. Adoption of a Resolution Expressing Appreciation to Maggie Lam Upon
Her Retirement
Attachment
15. Adoption of Two Resolutions: 1) Amending Section 1801 of the Merit
System Rules and Regulations to Incorporate the 2006 - 2010
Memorandum of Agreement Between the City of Palo Alto and the Palo
Alto Fire Chiefs’ Association and 2) Adopting a Compensation Plan for
Fire Chiefs’ Association Personnel and Rescinding Resolution No. 8511
CMR 370:08 Attachment
16. Approval of Amendment to Alma Street Affordable Multi-Family Rental
Housing Project Acquisition and Development Agreement to Amend the
Schedule of Performance and Provide that the City Holds Title to the
City Parcel and Ole’s Parcel Until Construction Financing Closing for the
Development
CMR 372:08 Attachment
17. Approval of Memorandum of Agreement With Trojan Technologies to
Provide Ultraviolet (UV) Disinfection Equipment for the Palo Alto
Regional Water Quality Control Plant UV Disinfection Facility Project
WQ-06014
CMR 347:08 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.
PUBLIC HEARINGS
18. Consideration of Approval of a Mitigated Negative Declaration, Site and
Design Review, Conditional Use Permit and Record of Land Use Action
for a New Spa and Fitness Facility, Below Grade Parking, Tennis Court,
and Other Site Improvements Located at 3000 Alexis Drive
CMR 365:08 Attachment
09/15/08 5
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
19. Consideration of Appeal of Director’s Approval of an Architectural
Review Application for a Four Story Commercial Mixed Use
Retail/Office Building, Including, Design Enhancement Exceptions to
Exceed the Maximum Height and Floor Area, and a Variance
Application for an Encroachment into the Bryant Street Special Setback
at 278 University Avenue
CMR 364:08 Attachment
COUNCIL MATTERS
20. Colleagues Memo from Mayor Klein and Council Member Kishimoto
Request to Agendize Discussion of Measure B, BART Sales Tax
Measure
Attachment
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: 363:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: SEPTEMBER 15, 2008 CMR: 363:08
SUBJECT: UTILITIES ADVISORY COMMISSION RECOMMENDATION TO
ADOPT A RESOLUTION APPROVING THE CUSTOMER
IDENTIFICATION AND CREDIT INFORMATION PROTECTION
PROGRAM IN COMPLIANCE WITH THE FAIR AND ACCURATE
CREDIT TRANSACTIONS ACT OF 2003
RECOMMENDATION
The Utilities Advisory Commission (UAC) and staff recommend that the City Council adopt a
resolution approving the program to protect customer identification and credit information in
compliance with regulations issued by the Federal Trade Commission for the Fair and Accurate
Credit Transactions Act (FACT Act) of 2003.
BACKGROUND
The Fair and Accurate Credit Transaction Act requires entities which affect consumer credit to
evaluate and possibly create a formal program to detect, prevent and mitigate identity theft
before November 1, 2008. The rules permit the tailoring of a program to a level commensurate
with the nature and complexity of an entity’s size and activities. The City Council, or an
appropriate subcommittee of the Council, must be involved in the oversight, development,
implementation and administration of any program. Additionally, staff must create, at least
annually, a report on its compliance with the FACT Act.
The City of Palo Alto Utilities Department (CPAU) and the Administrative Services
Department’s Information Technology Division have had policies and procedures in place for
many years which safeguard customer identity, account information and financial transactions
associated with customers’ utilities accounts. In conjunction with a current effort to replace
CPAU’s decade-old Customer Information System (CIS), which is no longer supported by the
vendor and requires replacement, CPAU has reviewed the business practices, policies and
procedures for protecting customer credit information in the areas of customer service, billing,
financials, and online account management. The review identified changes, which will be
implemented in the new SAP-based CIS, scheduled to be online in 2009. This new computer
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CMR: 363:08 Page 2 of 3
program will increase data security, automate manual processing, establish electronic audit trails
by tracking history for all activities, and improve reporting capability, all of which serve to
protect the customer credit information as required by the FACT Act.
In accordance with the FACT Act rules, the consumer identification and credit information
protection program must:
1) Identify red flags, defined as patterns, practices or specific activities that indicate the
possible existence of identity theft, for covered accounts and incorporate those red flags
into the program;
2) Detect red flags that have been incorporated into the program;
3) Respond appropriately to any red flags that are detected to prevent and mitigate identity
theft;
4) Ensure the program is updated periodically, to reflect changes in identity theft risk to
customers or the creditor;
5) Provide for administration of the program.
To date, there have been no known attempts to compromise the CIS or unauthorized attempts to
access customer information. In the event there is any indication of physical or electronic threat
to customer credit or identity security, CPAU will work with the Information Technology
Division, the City Attorney’s Office, and the Palo Alto Police Department as appropriate to
eliminate the threat.
A description of the program and its elements are included in Attachment A to the UAC
memorandum and are incorporated by reference herein (Attachment B to this report).
BOARD/COMMISSION REVIEW AND RECOMMENDATIONS
The UAC reviewed the program at its September 3, 2008, meeting and voted unanimously to
recommend approval of a program to protect customer identification and credit information in
compliance with the Fair and Accurate Credit Transactions Act of 2003.
RESOURCE IMPACT
The net impact from this program on CPAU’s operating fund is not expected to be of any
significance, and will be included in CPAU’s operating budget. There are no known capital
costs associated with implementing or updating the program. If capital costs are identified in the
future, the costs will be included in the appropriate Capital Improvement Project budget.
ENVIRONMENTAL REVIEW
Approval of this program does not require review under the California Environmental Quality
Act (CEQA) because it does not meet the definition of a “project” pursuant to California Public
Resources Code Section 21065.
CMR: 363:08 Page 3 of 3
ATTACHMENTS
A: Resolution of the Council of the City of Palo Alto
B: Utilities Advisory Commission Memorandum: Utilities Advisory Commission
Recommendation To Develop A Program to Protect Customer Identification and Credit
Information In Compliance With The Fair And Accurate Credit Transaction Act of 2003
C: Excerpted minutes from the September 3, 2008, Utilities Advisory Commission meeting
PREPARED BY: TOM AUZENNE
Assistant Director, Customer Support Services
DEPARTMENT APPROVAL: ________________________________
VALERIE O. FONG
Director of Utilities
CITY MANAGER APPROVAL: ________________________________
JAMES KEENE
City Managers
CMR:342:08 Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE: SEPTEMBER 15, 2008 CMR: 342:08
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING SECTION 2.08.210 OF
CHAPTER 2.08 OF TITLE 2 [OFFICERS AND DEPARTMENTS], AND
SECTION 22.04.035 OF CHAPTER 22.04 OF TITLE 22 [PARK AND
RECREATION BUILDING USE AND REGULATIONS] OF THE PALO
ALTO MUNICIPAL CODE TO AMEND EMPLOYEE TITLES AND NAMES
OF DIVISIONS AND REFLECT THE TITLES OF EMPLOYEES WHO ARE
AUTHORIZED TO ISSUE CITATIONS RESPECTIVELY
RECOMMENDATION
Staff recommends that the Council adopt the attached ordinance, to amend Section 2.08.210 of
Chapter 2.08 of Title 2 of the Palo Alto Municipal Code, amending employee titles and
organizational divisions, and amend Section 22.04.035 of Chapter 22.04 of Title 22 of the Palo Alto
Municipal Code, amending designated employee positions authorized to issue citations for violation
of this chapter.
BACKGROUND
Section 2.08.210 outlines the duties of the director of Community Services, including specifying the
titles of the director’s directly-reporting subordinates and the names of divisions within the
organization. Chapter 22.04 regulates the use of the parks, open space lands, and recreation
buildings owned or controlled by the City in order that all persons may enjoy and make use of such
parks, open space lands, and buildings and to protect the rights of those in the surrounding areas.
Under Section 22.04.035, certain designated positions in the Community Services Department are
authorized to issue citations for violations of Chapter 22.04 consistent with California Penal Code
Section 836.5. The designated positions are: Open Space and Sciences Superintendent; Park
Ranger; Senior Ranger; and Seasonal Ranger.
DISCUSSION
Community Services staff recently underwent a department-wide reorganization as well as a City-
wide Human Resources study resulting in a revision of certain employee titles and a restructuring of
divisions within the department. As a result, staff recommends that Section 2.08.210(a)(6) should be
revised to include the following four amended division manager titles: Arts and Sciences Division
Manager; Cubberley Center and Human Services Division Manager; Recreation and Golf Division
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CMR:342:08 Page 2 of 2
Manager; and Open Space and Parks Division Manager. Additionally, staff recommends that
Section 2.08.210(b) should be revised to reflect the following four new divisions: Arts and Sciences;
Cubberley Center and Human Services; Recreation and Golf; and Open Space and Parks.
Staff is also recommending that Section 22.04.035(a) be revised to reflect that the following
designated employee positions, Open Space and Parks Division Manager and Community Services
Operations Manager, are authorized to issue citations for violations of Chapter 22.04, and that the
outdated title of Open Space and Sciences Superintendent should be removed.
RESOURCE IMPACT
There is no resource impact associated with the adoption of the attached revised regulations.
POLICY IMPLICATIONS
The proposed amendments are consistent with Policy C-26 of the Community Services element of
the Comprehensive Plan that encourages maintaining park facilities as safe and healthy community
assets.
ENVIRONMENTAL ASSESSMENT
This is not a project subject to California Environmental Quality Act (CEQA) requirements.
ATTACHMENTS
Attachment A: Draft Ordinance
PREPARED BY:_________________________________________________________
ERIN PEREZ
Administrative Assistant, Community Services Department
DEPARTMENT HEAD: ___________________________________________________
GREG BETTS
Interim Director, Community Services Department
CITY MANAGER APPROVAL: ____________________________________________
JAMES KEENE
City Manager
CMR:337:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE: SEPTEMBER 15, 2008 CMR: 337:08
SUBJECT: ADOPTION OF AN ORDINANCE ADDING SECTIONS 22.04.342 AND
22.04.343 TO CHAPTER 22.04 OF TITLE 22 [PARK AND RECREATION
BUILDING USE AND REGULATIONS] OF THE PALO ALTO MUNICIPAL
CODE TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC
BEVERAGES IN HERITAGE PARK AND ELEANOR PARDEE PARK
RECOMMENDATION
Staff recommends that Council adopt the attached ordinance to add section 22.04.342 to Title 22 of
the Palo Alto Municipal Code, prohibiting the consumption of alcohol without a permit in Heritage
Park; and adding section 22.04.343 to Title 22 of the Palo Alto Municipal Code, prohibiting the
consumption of alcohol without a permit in Eleanor Pardee Park.
BACKGROUND
The City of Palo Alto maintains and manages 29 neighborhood parks. totaling approximately 190
acres. Palo Alto’s parks engage individuals and families to create a strong and healthy community.
In some parks, the City has found it necessary to prohibit or control the consumption of alcohol in
order to maintain a clean, safe and healthy environment.
Alcohol is completely prohibited in Johnson Park, Boulware Park, Scott Park, Greer Park, Robles
Park, Hopkins Park, El Palo Alto Park, as well as Cogswell Plaza and Lytton Plaza.
Alcohol is permitted with a permit in Rinconada Park and Mitchell Park.
The intent of the ordinances is to ensure that all people may enjoy Palo Alto’s parks and to protect
the rights of those in the surrounding area by controlling noise, litter, and vandalism commonly
associated with the unregulated consumption of alcohol. The ordinances also aim to protect safety
and enhance the experience of park users by avoiding possible conflicts with disorderly behavior
manner due to excessive alcohol consumption.
DISCUSSION
Community Services staff has documented incidents of litter, including excessive alcoholic beverage
containers, at Heritage Park. Staff has conferred with neighbors of the park regarding controlling
alcohol in Heritage Park. Police, Community Services staff, and residents believe that a proactive
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CMR:337:08 Page 2 of 3
restriction of alcohol consumption without permits would help keep the park clean, safe and
enjoyable for everyone.
In the past year, Police have noticed a marked increase in the number and frequency of complaints
from residents in the vicinity to Eleanor Pardee Park concerning large groups of people who are
consuming alcohol and creating disturbances during both the daytime and evening hours. An
increase in gang-related graffiti has also been experienced at Pardee Park. These groups of drinkers
frequently intimidate and frighten residents. Police have met with the neighbors and obtained their
cooperation in reporting suspicious activity when it is observed. Staff believes that restricting
alcohol consumption without a permit will be a useful tool in reducing these types of inappropriate
activities in the park.
On August 26, 2008, the Parks and Recreation Commission was asked to review and recommend
that Council adopt the ordinances prohibiting the consumption of alcohol without a permit in
Heritage Park and Eleanor Pardee Park. The Commission questioned why not prohibit alcohol in all
Palo Alto parks; and why specifically select Heritage and Eleanor Pardee Parks. Staff explained that
Eleanor Pardee Park was selected because of its large size (9.6 acres), numerous amenities, high
park visitation, history of alcohol related disturbances, and the requests from nearby residents.
Heritage Park was selected due to its proximity to the down town area where alcohol is readily
available, its history of alcoholic beverage litter, and requests from nearby residents. The
Commission unanimously approved staff’s recommendation.
RESOURCE IMPACT
Neither new staff nor an increase in the number of patrols is proposed to enforce the alcohol
restrictions at Heritage Park and Eleanor Pardee Park. The penalty fee imposed for an administrative
citation ($100) for violation of this ordinance would cover the cost of staff time to issue and process
the citation.
To implement this ordinance, $500 would be used from the Parks operating budget to design,
fabricate, and install new signage for the two parks.
POLICY IMPLICATIONS
The proposed amendments are consistent with Policy C-26 of the Community Services element of
the Comprehensive Plan that encourages maintaining park facilities as safe and healthy community
assets. The proposed amendments are also consistent with existing Palo Alto Municipal Codes
22.04.336 and 22.04.337 restricting alcohol consumption without a permit at Rinconada Park and
Mitchell Park.
ENVIRONMENTAL ASSESSMENT
This is not a project subject to California Environmental Quality Act (CEQA) requirements.
ATTACHMENTS
Attachment A: Draft Ordinances
Attachment B: August 26, 2008 Parks and Recreation Commission Minutes
CMR:337:08 Page 3 of 3
PREPARED BY:_________________________________________________________
DAREN ANDERSON
Senior Ranger, Open Space
DEPARTMENT HEAD: ___________________________________________________
GREG BETTS
Interim Director, Community Services Department
CITY MANAGER APPROVAL: ____________________________________________
JAMES KEENE
City Manager
CMR:367:08 Page 1 of 4
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE: SEPTEMBER 15, 2008 CMR: 367:08
SUBJECT: ADOPTION OF AN ORDINANCE APPROVING AND ADOPTING
A PARK IMPROVEMENT PLAN FOR THE REHABILITATION
AND RELOCATION OF THE BUILDING COMMONLY KNOWN
AS THE PALO ALTO SEA SCOUTS BASE BUILDING AND
IMPROVEMENT OF THE 2500 BLOCK OF EMBARCADERO
(HARBOR) ROAD WITHIN BYXBEE PARK AND CITY-OWNED
BAYLANDS
RECOMMENDATION
Staff recommends that Council approve and adopt the attached Park Improvement
Ordinance for improvements to the building formerly known as the Palo Alto Sea Scouts
Base Building (Sea Scout Building) within the Byxbee Park and the City-owned
Baylands.
BACKGROUND
The Sea Scout Building is a 2,209 square foot wood frame structure located in the Palo
Alto Baylands Nature Preserve. The building is currently in poor condition and its floors
have been subject to flooding during biannual extreme high tides. After a lengthy RFP
process, Environmental Volunteers (EV) was selected to restore the building in exchange
for a forty-year lease.
On July 9, 2007, Council approved a two-year Option to Lease with EV. This option
period permitted EV to prepare detailed construction documents, solicit necessary
funding for the proposed renovations and construction, and to obtain the necessary
permits for the renovation and improvement of the Sea Scout building (CMR:291:07.)
EV currently plans to rehabilitate and relocate the building onto a new foundation in
order to use the structure as its office headquarters. EV proposes to use the small rooms
in the building for its offices and the large, two-story high central room of over 1,000
square feet for an EcoCenter that will house EV-related meetings and training sessions. It
will also accommodate other groups that might need meeting space. Additionally, EV
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CMR:367:08 Page 2 of 4
intends to provide ecologically-oriented classes and exhibits at the site for Palo Alto
residents and the general public (Attachment A-1).
The Environmental Volunteers’ use of the building would fulfill the following objectives:
• Provide public benefit and public access
• Preserve and maintain the historic significance of the property
• Not adversely impact the Palo Alto Baylands Preserve
• Promote use by non-profit groups benefiting youth, seniors, wildlife and/or the
environment
• Relocate the building to higher ground and improve, maintain and operate the
property at no cost to the City.
The Environmental Volunteers have satisfied all of the conditions of the Option to Lease
and have recently exercised their option to enter into a forty-year lease of the property.
DISCUSSION
Palo Alto Municipal Code 22.08.005 requires that, prior to approving or commencing any
substantial building, construction, reconstruction or development in any dedicated
parkland, the Council shall approve and adopt by ordinance (Attachment 1) a plan
showing the improvements. The site plan (Attachment A) must show, “as applicable, the
nature, function, size, extent and general appearance of the proposed project.”
The Sea Scouts Building has been closed to the public since the Sea Scouts failed to
renew their lease in 2002. Over the years, the building has fallen into disrepair and a
rotting wooden foundation has caused the building to sink. As a result, the building
presently has extensive water damage on the floors and interior of the building.
Proposed Improvements:
The proposed ordinance allows for the improvement of the existing building, the
renovation of the building’s deck and promenade, the connection of new pedestrian and
bicycle trails to the existing Marsh Front Trail, the addition of a public restroom, and the
addition of a three-car parking area. Other than the temporary relocation of the building
in order to build a new and higher foundation in the building’s original location, no
changes to the defining historic characteristics of the building will occur. In addition, no
plans for additional or exterior alterations are proposed. The plan for rehabilitation and
adaptive re-use will be consistent with the Secretary of the Interior’s standards for
Historic Rehabilitation and in accordance with the City’s analysis that the building needs
to be at a higher elevation to avoid water incursion problems from high tides.
The Environmental Volunteers have worked closely with various City departments to
design repairs that will not only restore the historic features of the building, but will also
enhance accessibility to the building and ensure that it is well protected from tidal waters
in the future. The purposes of the new EcoCenter will augment and complement other
CMR:367:08 Page 3 of 4
educational and conservation activities at the Baylands and will help to advance
environmental programs of the Lucy Evans Baylands Nature Interpretive Center.
PROJECT REVIEW
This project has been reviewed by the following boards and commissions:
Park and Recreation Commission
At its June 26, 2007 regular meeting, the Parks and Recreation Commission reviewed the
proposed conceptual project for consistency with park uses for recreation and
conservation (Attachment B). The Commission received comments from the public on
the proposed improvement and asked staff to respond.
Architectural Review Board
At its August 21, 2008, regular meeting, the Architectural Review Board reviewed the
project. The plans were approved by consent.
The Environmental Volunteers have been responsible for securing all necessary permits
for this project. This project has been coordinated between the Utilities Department, the
Public Works Department and the Transportation Division.
In addition to permits required by the City building inspection division, the EV have also
obtained permits from the Regional Water Quality Control Board, Army Corps of
Engineers, Bay Conservation and Development Commission, California State Fish &
Game Department, and United States Fish & Wildlife Service.
RESOURCE IMPACT
The improvements of the Lucie Stern Maritime Center (EcoCenter) and the associated
trail connection improvements, parking lot and public restroom have been funded by the
Environmental Volunteers as part of a Council-approved forty-year lease of the facility.
As a part of the lease agreement, the Environmental Volunteers will also be responsible
for maintaining the EcoCenter, deck promenade and parking areas. Once constructed and
accepted by the City, the City will be responsible for the on-going maintenance of the
public restroom at the Duck Pond. The cost of maintenance of the restroom is estimated
at $900 per year. Savings from the rent of the current porta-potty will pay for the
maintenance of the new restroom facility.
POLICY IMPLICATIONS
Improvement and maintenance of City facilities furthers Policy N-1 of the
Comprehensive Plan by managing open space areas in a manner that meets habitat
protection goals, public safety concerns, and low impact recreation needs. This
improvement also further implements Policy C-19 of the Comprehensive Plan by
providing better access to persons with disabilities at public facilities.
CMR:367:08 Page 4 of 4
ENVIRONMENTAL REVIEW
The Planning Director adopted a Mitigated Negative Declaration for this project on
August 20, 2008.
ATTACHMENTS
Attachment A: Park Amendment Ordinance
A-1: Project Description
A-2: Project Site Plan
Attachment B: Adopted minutes from the June 26, 2007 Parks and Recreation
Commission
PREPARED BY: ____________________________________________
GREG BETTS
Director, Community Services
CITY MANAGER APPROVAL:
JAMES KEENE
City Manager
CMR:362:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: SEPTEMBER 15, 2008 CMR: 362:08
SUBJECT: APPROVAL OF CONTRACT AMENDMENT NO. 13 EXTENDING THE
TERM OF THE RAIL SHUTTLE BUS ADMINISTRATION
AGREEMENT WITH THE PENINSULA CORRIDOR JOINT POWERS
BOARD THROUGH 6/30/2009 AND INCREASING THE
EXPENDITURE LIMIT BY $365,000 FOR A TOTAL OF $2,242,419
RECOMMENDATION
Staff recommends that Council:
1) Authorize the City Manager to execute the attached amendment to the Rail Shuttle Bus
Administration Agreement with the Peninsula Corridor Joint Powers Board (JPB), extending
the term of the agreement through June 30, 2009.
2) Approve an increase of $365,000 in the expenditure limit of the existing Rail Shuttle Bus
Agreement (S0114750) with the JPB, for a total expenditure of $2,242,419 since 2003, to
cover the City’s shuttle program operating costs during the period July 1, 2008 through June
30, 2009.
BACKGROUND
In 1999, the City and JPB entered into the Rail Shuttle Bus Administration agreement for the
provision of shuttle bus services in Palo Alto, as part of the JPB shuttle bus program. The
agreement provides that the agencies may extend the term of the agreement upon mutual
consent. There have been twelve contract extensions since the original agreement was executed.
DISCUSSION
The thirteenth amendment to the agreement, in letter format (Attachment A) dated June 22,
2008, provides for continued shuttle services for the Palo Alto shuttle program from July 1, 2008
through June 30, 2009. Due to the late receipt of this letter agreement, staff was not able to
agendize this item for Council approval prior to the Council vacation break. The JPB has
continued to provide uninterrupted shuttle service during the interim until the contract extension
is approved by the City Council.
CMR:362:08 Page 2 of 3
The contract with the JPB stipulates that the City reimburse the JPB a sum of $42,071, equal to
25 percent of the cost of the peak period Embarcadero shuttles and that the City also reimburse
the JPB for 100 percent of the shuttle program contract costs (approximately $323,000) for the
all-day Crosstown shuttle and expanded noontime service on the Embarcadero shuttle. Thus, the
City’s total contract expense to continue the current shuttle program service level for this fiscal
year is estimated to be $365,000. In order to cover the additional contract expense through June
30, 2009, staff is requesting that the Council approve an increase of $365,000 in the contract
expenditure limit for the Rail Shuttle Bus Administration Agreement (S0114750) with the
Caltrain Joint Powers Board.
In December 2007, the City Council endorsed the Community Bus service plan for VTA Line
88. The new Community Bus Line 88 route and schedule were implemented on July 14th.
Further service enhancements targeted to the school commute at Gunn High, and Terman and
JLS Middle Schools in south Palo Alto went into effect on August 25, 2008. At that time, the
Crosstown shuttle service extension to Gunn High School was discontinued. The shuttle
continues to operate on the core route from the downtown Caltrain station to Stevenson House
on East Charleston Road, serving many activity centers, neighborhoods, community facilities
and Jordan Middle School. Despite this restructuring of the shuttle routes in conjunction with the
start up of the new VTA Community Bus service, the City shuttle program will not realize
significant cost savings because these savings are offset by an annual 5% increase in the hourly
rate for contracted shuttle services which occurs each October under the JPB contract with
service operator, Parking Company of America.
Staff has tried to work with JPB staff over the past year to develop a more comprehensive shuttle
agreement which would clarify the responsibilities of the JPB, JPB’s contractor and City for the
provision of contracted expanded and mid-day shuttle services, but JPB has continued to delay
responding. If a revised agreement with JPB cannot be reached regarding the expanded service,
staff plans to issue a request for proposals for a new shuttle provider this fall.
RESOURCE IMPACT
Funding included in the 2008/2009 operating budget for the Palo Alto Shuttle program is
sufficient to cover these contracted service and operating costs. No additional resources will be
required at this time. The extension of this agreement with the JPB will not prevent staff from
implementing additional shuttle operational efficiency improvements during the course of the
year as needed.
POLICY IMPLICATIONS
This request is consistent with existing Council direction to continue and expand the Palo Alto
shuttle project.
CMR:362:08 Page 3 of 3
ENVIRONMENTAL REVIEW
On August 2, 1999, the City Council approved a Negative Declaration finding the shuttle project
would not result in any significant environmental impact.
ATTACHMENTS
A. Caltrain Joint Powers Board Contract Extension Letter Agreement dated June 22, 2008.
PREPARED BY:
GAYLE LIKENS
Transportation Manager
DEPARTMENT APPROVAL:
CURTIS WILLIAMS
Interim Director of Planning and
Community Environment
CITY MANAGER APPROVAL:_____________________________________________
JAMES KEENE
City Manager
CMR:351:08 Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: SEPTEMBER 15, 2008 CMR: 351:08
SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO CONTRACT NO. C3144644 WITH
HUNTSMAN ARCHITECTURAL GROUP IN THE ADDITIONAL AMOUNT
OF $82,006 FOR A TOTAL AMOUNT OF $1,262,952 FOR THE CIVIC
CENTER INFRASTRUCTURE IMPROVEMENTS PROJECT – CAPITAL
IMPROVEMENT PROGRAM PROJECT PF-01002
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his designee to execute
Amendment No. 3 to Contract No. C3144644 with Huntsman Architectural Group (Attachment A)
in the amount of $82,006 for construction administration services for the Civic Center Infrastructure
Improvements Project PF-01002. The amended contract amount would total $1,165,952 for basic
services and $97,000 for additional services.
DISCUSSION
Background
As part of the Infrastructure Program, Council approved a consultant contract with Huntsman
Architectural Group in February 2003 for Phase I of the Civic Center Infrastructure Project
(CMR:145:03). Huntsman was selected through a standard consultant selection process. The RFP
provided that the selected consultant could be awarded all phases of the project if their work was
found to be satisfactory. Several phases of this multi-year project have been completed including a
study of the building and building systems for upgrade or replacement, the elevator
upgrade (Amendment #1, CMR:435:03), and design of all systems upgrades and selected
accessibility upgrades (Amendment #2, CMR:282:05). Future phases will improve the remainder of
the mechanical systems; electrical systems, including transformers, panels, etc.; and exterior painting
and sealing. This work is expected to be completed over the next four to five years.
Consultant Services Description
Amendment #3 to the consultant contract provides for construction administration services related to
the architectural and structural work under the first construction phase for systems upgrades.
Construction administration for the mechanical, electrical and plumbing will be awarded under a
separate consultant agreement. Construction of this phase was awarded to multiple prime
contractors on August 4, 2008 (CMR:334:08) and includes replacement of the main building
generator, boiler, and refurbishment or replacement of major garage and building mechanical and
electrical systems.
CMR:351:08 Page 2 of 2
The building will remain occupied during the course of the project. Work will be scheduled to keep
systems operational during working hours and to minimize the impacts of construction on staff and
the public.
RESOURCE IMPACT
Funds for this project are available in Capital Improvements Program Project PF-01002, Civic
Center Infrastructure Improvements.
ENVIRONMENTAL REVIEW
The project is categorically exempt from review under the California Environmental Quality Act
under Guidelines Section 15301, maintenance, repair or minor alteration of existing public facilities.
ATTACHMENTS
Attachment A: Amendment #3 to Contract No. C3144644
PREPARED BY: _______________________________________
KAREN SMITH
Manager of Facilities Maintenance and Projects
DEPARTMENT HEAD: _______________________________________
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: _______________________________________
JAMES KEENE
City Manager
CMR:344:08 Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: SEPTEMBER 15, 2008 CMR: 344:08
SUBJECT: APPROVAL OF CONTRACT WITH FLACK & KURTZ, INC. IN THE
AMOUNT OF $220,000 FOR CONSTRUCTION ADMINISTRATION
SERVICES FOR THE CIVIC CENTER INFRASTRUCTURE
IMPROVEMENTS PROJECT - CAPITAL IMPROVEMENT PROGRAM
PROJECT PF-01002
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or his designee to execute the attached contract
with Flack & Kurtz, Inc. in the amount of $200,000 for construction administration
services related to infrastructure improvements at the Civic Center.
2. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Flack & Kurtz, Inc. for related, additional but unforeseen work
which may develop during the project, the total value of which shall not exceed $20,000.
DISCUSSION
Background
As part of the Infrastructure Program, Council approved a consultant contract with Huntsman
Architectural Group in February 2003 for Phase I of the Civic Center Infrastructure
Project (CMR:145:03). Huntsman was selected through a standard consultant selection process
with Flack & Kurtz designated as the mechanical, electrical and plumbing (MEP) subconsultant.
The RFP provided that the selected consultant could be awarded all phases of the project if their
work was found to be satisfactory. Several phases of this multi-year project have been
completed, including a study of the building and building systems for upgrade or replacement,
the elevator upgrade (Amendment #1, CMR:435:03), and design of all systems upgrades and
selected accessibility upgrades (Amendment #2, CMR 282:05). The first construction phase for
systems upgrades was awarded to multiple prime contractors on August 4, 2008 (CMR:334:08)
and includes replacement of the main building generator, boiler, and refurbishment or
replacement of major garage and building mechanical and electrical systems. Future phases will
improve the remainder of the mechanical systems; electrical systems, including transformers,
CMR:344:08 Page 2 of 2
panels, etc.; and exterior painting and sealing This additional work is expected to be completed
over the next four to five years. Construction administration will be awarded at time of bid
award for future phases.
Consultant Services Description
In order to reduce costs, staff has divided the construction administration into two contracts.
Construction administration for the MEP work will be awarded under this consultant agreement.
Construction administration services for the architectural and structural portion will be awarded
under a related CMR (Huntsman Amendment No. 3, CMR:351:08). Award of a separate
agreement with Flack & Kurtz for construction administration services will save the City
approximately $50,000 by eliminating the oversight by the architect of the MEP consultants, and
the related duplicate workload. The two consulting firms will continue to coordinate their work
throughout this phase to provide full construction administration services through construction
and project close out.
RESOURCE IMPACT
Funds for this project are available in Capital Improvement Project PF-01002, Civic Center
Infrastructure Improvements.
ENVIRONMENTAL REVIEW
The project is categorically exempt from review under the California Environmental Quality Act
under Guidelines Section 15301, maintenance, repair or minor alteration of existing public
facilities.
ATTACHMENTS
Attachment A: Contract
PREPARED BY: ______________________________________
KAREN SMITH
Manager, Facilities Maintenance & Projects
DEPARTMENT HEAD: ______________________________________
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: ______________________________________
JAMES KEENE
City Manager
CMR: 370:08 Page 1 of 5
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE: SEPTEMBER 15, 2008 CMR: 370:08
SUBJECT: ADOPTION OF TWO RESOLUTIONS: 1) AMENDING
SECTION 1801 OF THE MERIT SYSTEM RULES AND
REGULATIONS TO INCORPORATE THE 2006 - 2010
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF
PALO ALTO AND THE PALO ALTO FIRE CHIEFS’
ASSOCIATION AND 2) ADOPTING A COMPENSATION PLAN
FOR FIRE CHIEFS’ ASSOCIATION PERSONNEL AND
RESCINDING RESOLUTION NO. 8511
RECOMMMENDATION
Staff recommends the City Council adopt the attached resolutions amending Section 1801 of
the Merit System Rules and Regulations to incorporate the attached Memorandum of
Agreement between the City of Palo Alto and the Fire Chiefs’ Association (FCA) and
adopting a Compensation Plan for FCA management personnel.
BACKGROUND
A two-year Memorandum of Agreement with the Fire Chiefs’ Association management
personnel expired June 30, 2006. Negotiations for a successor agreement began in January
2007, once negotiations with the International Association of Firefighters, Local 1319 had
concluded. The Fire Chiefs’ Association includes three Battalion Chiefs and one Emergency
Medical Services Coordinator (non-sworn).
Under State law, the City of Palo Alto is required to bargain in good faith and cannot
unilaterally make contract decisions for represented employee groups. Actions that do not
comply with those requirements may be subject to review by the California Public Employee
Relations Board (PERB).
15
CMR: 370:08 Page 2 of 5
The City management and the Fire Chiefs’ Association negotiation teams met in good faith
over the first five months of 2007. By the end of June 2007, however, negotiations stalled
due to disagreement over wages and overtime pay. The Fire Chiefs’ Association filed notice
to move negotiations to mediation. A state mediator was selected and mediation meetings
commenced in August 2007. Finally, after several mediation sessions, a tentative
agreement for a four-year agreement consistent with Council authorization was reached in
April 2008. The tentative agreement has been ratified by the Fire Chiefs’ Association
membership.
DISCUSSION
Key provisions of the proposed agreement with Fire Chiefs’ Association include:
Salary
Effective with the pay period including July 1, 2006, a four percent (4%) increase
will be applied to the control point of all represented classes.
Effective with the pay period including July 1, 2007, a three percent (3%) increase
will be applied to the control point of all represented classes.
Effective January 1, 2008, the City shall add twelve thousand dollars ($12,000) to
the annual base rate of 56-hour Battalion Chiefs ($4.12) per hour based on a 2912
hour work year. (The twelve thousand dollars is based on the minimum amount of
overtime paid on an annual basis to each Battalion Chief.)
Effective with the pay period including January 1, 2008, a three percent (3%)
increase will be applied to the control point of all represented classes.
Effective with the pay period including July 1, 2009, a four percent (4%) increase
will be applied to the control point of all represented classes.
Elimination of overtime pay/implementation of Management Annual Leave
In the City Auditor’s Overtime Expenditure Report, a recommendation included the
reduction of overtime. Effective July 1, 2008, shift Battalion Chiefs will now receive
eighty (80) hours of management leave in-lieu of overtime unless they work over four
(4) “overtime” shifts per fiscal year with the agreement that they will not receive
overtime for additional shifts required in a major in-county emergency. (In the
previous Memorandum of Agreement, the shift Battalion Chiefs (56-hour work week)
were entitled to receive overtime but not management annual leave.)
Out of County Strike Team pay
CMR: 370:08 Page 3 of 5
The City will pay an employee sent on out of County strike team duty a flat twelve
hundred dollar ($1200) wage payment beyond the employee’s normal salary for each
twenty-four (24) hour shift of such duty during non-regular work hours if the City
receives reimbursement from the state or federal government.
Healthcare Cost Containment
The City will reduce the maximum payment for medical premiums from the highest
health plan (PERSCare) to the second highest (currently Blue Shield HMO) for all
future retirees. The elimination of the PERSCare option for current employees (hired
prior to 2004) who retire will significantly reduce healthcare premium costs of these
future retirees.
During the term of this agreement, if the Public Employees Medical and Hospital
Care Act (PEMHCA) no longer offers the PORAC health plan, the City agrees to
reimburse or provide insurance to an employee for documented medical expenses
incurred that exceed two million dollars ($2 million) lifetime maximum, if any,
provided that such expense would have otherwise been covered and paid by the health
plan.
Retirement
Effective pay period inclusive of January 6, 2007, the retirement benefit changed to
the 2.7% at 55 formula for the non-sworn represented employee in the Fire Chiefs’
Association, along with all other City miscellaneous employees. Beginning June 30,
2010, the City shall pay six percent (6%) and the employee shall pay two percent
(2%) of the eight percent (8%) CalPERS employee contribution for the 2.7% at 55
retirement benefit formula.
Other provisions of the agreement include: a dental plan improvement that makes the plan
consistent with benefits received by other employee groups; inclusion of leave procedures
consistent with existing Merit Rules; changes to bereavement leave and voluntary
catastrophic leave program consistent with leaves already offered to other employee groups;
and other non-economic language provisions.
RESOURCE IMPACT
The overall salary and benefits increase for the term of this agreement is $152,000. The
details are as follows:
1. The 4 percent salary increase on July 1, 2006 results in an annual incremental increase
of $34,000 in salaries and benefits. These costs were included in the 2008-09 budget.
CMR: 370:08 Page 4 of 5
2. The 3 percent salary increase on July 1, 2007 results in an annual incremental increase
of $39,000. These costs were included in the 2008-09 budget.
3. The 3 percent salary increase on July 1, 2008 results in an annual incremental increase
of $41,000 in salaries and benefits. These costs were included in the 2008-09 budget.
4. The 4 percent salary increase on July 1, 2009 results in an annual incremental increase
of $38,000. This increase will be incorporated in the 2009-10 budget process if
Council approves this agreement.
POLICY IMPLICATIONS
This report does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
This is not a project for purposes of the California Environmental Quality Act.
ATTACHMENTS
A. Resolution Adopting a Compensation Plan for Fire Chiefs’ Association Personnel and
Rescinding Resolutions Nos. 8511
B. Resolution Amending Chapter 18 of the Merit System Rules and Regulations to
Incorporate the 2006-2010 Fire Chiefs’ Association Compensation Plan
C. Redline Memorandum of Agreement for Fire Chiefs’ Association Employees
D. Redline Compensation Plan for Fire Chiefs’ Association Employees
PREPARED BY: Sandra T.R. Blanch, Assistant Director, Human Resources
DEPARTMENT HEAD REVIEW: ________________________________
RUSS CARLSEN
CMR: 370:08 Page 5 of 5
Director of Human Resources
CITY MANAGER APPROVAL: __________________________________
JAMES KEENE
City Manager
CMR: 372:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: SEPTEMBER 15, 2008 CMR: 372:08
SUBJECT: APPROVAL OF AMENDMENT TO ALMA STREET
AFFORDABLE MULTI-FAMILY RENTAL HOUSING PROJECT
ACQUISITION AND DEVELOPMENT AGREEMENT TO AMEND
THE SCHEDULE OF PERFORMANCE AND PROVIDE THAT
THE CITY HOLDS TITLE TO THE CITY PARCEL AND OLE’S
PARCEL UNTIL CONSTRUCTION FINANCING CLOSING FOR
THE DEVELOPMENT
RECOMMENDATION
Staff recommends that the City Council approve the attached amendment to the Alma
Street Affordable Multi-Family Rental Housing Project Acquisition and Development
Agreement (ADA Amendment) between the City and Palo Alto Family, L. P.
BACKGROUND
The August 6, 2007 Acquisition and Development Agreement (ADA) between the City,
Eden Housing and Community Housing Alliance (CHA) set forth the terms and
conditions for City financing for the acquisition of the property at 801 Alma Street (also
known as the Ole’s Parcel) and the transfer of title to the City-owned property at 841
Alma Street (the City parcel) for the purpose of creating a site for a mixed use
development with 50 affordable family rental units over ground floor retail space. The
City fulfilled its obligation, as required by the ADA, to remove the electrical substation
facility and equipment from the City parcel by the end of 2007. Palo Alto Family, L.P.,
(the Partnership set up by Eden Housing and CHA to be the project developer) closed
escrow and took title to 801 Alma on August 1, 2008 using a City housing fund loan of
$3.5 million and $500,000 contributed by CHA. An application for a Planned
Community (PC) zone change has been submitted to the City and the Architectural
Review Board (ARB) conducted a preliminary review on September 4, 2008. Eden
Housing and CHA have requested certain amendments to the ADA regarding ownership
of the project site prior to the beginning of construction (Attachment A). In addition, the
CMR: 372:08 Page 2 of 3
Schedule of Performance needs to be updated with the current target dates for the PC
application review, financing milestones and estimated construction schedule
(Attachment B).
DISCUSSION
The ADA specifies that the City would transfer title of the City parcel to the developer
concurrently with the developer’s acquisition of 801 Alma Street. However, Eden
Housing and CHA have requested that the City postpone transferring title of the City
parcel until the financing for the family housing project is in place and the project is
ready to begin construction. They have also requested permission to deed the 801 Alma
property to the City on, or shortly after, October 2, 2008, in order for the City to hold title
to the entire family housing project site until the developer is ready to begin construction.
It is projected that the City would hold title for about 15 months or until February 2010.
If the developer holds title to the site during this period, the affordable housing project’s
budget will have the burden of paying real property taxes on the full fair market value of
the land. As described in the ADA Amendment, the deed to 801 Alma will not be
recorded until the property is vacant and a closure permit has been issued by the City’s
Fire Marshal. The developer will also be responsible for liability insurance coverage and
property maintenance for the 801 Alma property during the holding period and the City
will continue to maintain the City parcel. Under the existing terms of the ADA, the City
is fully indemnified for any existing conditions on the property at 801 Alma, including
environmental contamination.
Revisions to Schedule of Performance: The project schedule is about six to eight months
behind the original schedule approved in August 2007 as part of the ADA. Eden Housing
and CHA have worked diligently and in good faith over the last 12 months on the many
tasks in the predevelopment phase. However, issues connected with the negotiation of
the purchase and condominium agreements with the owners of the 875 & 853 Alma
Street properties were the principal cause for delay in submittal of a complete application
for planning entitlements. The revised schedule (Attachment B) estimates that Council
action on the PC zone change will be completed by April 2009, which is a key milestone
in order for the developer to apply for tax credits in the summer of 2009. Because the tax
credit funding is highly competitive, the ADA allows the developer to reapply during two
years of funding cycles. If successful in securing necessary construction financing
awards in 2009, the developer will take title to the site and begin construction in early
2010 with project completion by late 2011.
RESOURCE IMPACTS
There are no significant resource impacts of the City retaining title to the City parcel until
the new housing is ready to be constructed. The City may be able to use the property for
temporary storage of City vehicles during this period. The developer will bear the
expenses of insuring and maintaining the 801 Alma property. Also, holding title to the
entire family housing site strengthens the City’s security for its site acquisition loan.
CMR: 372:08 Page 3 of 3
POLICY IMPLICATIONS
The proposed amendments to the ADA will support the development of this affordable
family rental housing by helping to reduce the project’s development costs. The project is
consistent with the Comprehensive Plan's Housing Element and the Phase 2 South of
Forest Area Coordinated Area Plan (SOFA CAP) which encourages the development of
new housing and expanding the supply of affordable housing.
ENVIRONMENTAL REVIEW
The City has initiated preparation of an Environmental Impact Report (EIR) covering the
development of the project; the EIR will be completed prior to final review of the
Planned Community application.
PREPARED BY: __________________________________
Catherine Siegel
Advance Planning Manager
DEPARTMENT HEAD: __________________________________
Curtis Williams, Interim Director
Planning and Community Environment
CITY MANAGER APPROVAL: __________________________________
James Keene
City Manager
ATTACHMENTS
Attachment A: Amendment to Alma Street Affordable Multi-Family Rental Housing
Project Acquisition and Development Agreement between City of Palo
Alto, Eden Housing and the Community Housing Alliance
Attachment B: Amended Attachment No. 3: Amended Schedule of Performance
cc:
Community Housing Alliance
Eden Housing Corporation
Ole’s Automotive Repair Shop
Palo Alto Hardware Store
Palo Alto Family, L.P.
CMR:347:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: SEPTEMBER 15, 2008 CMR: 347:08
SUBJECT: APPROVAL OF MEMORANDUM OF AGREEMENT WITH TROJAN
TECHNOLOGIES TO PROVIDE ULTRAVIOLET (UV) DISINFECTION
EQUIPMENT FOR THE PALO ALTO REGIONAL WATER QUALITY
CONTROL PLANT UV DISINFECTION FACILITY PROJECT WQ-06014
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or designee to execute
the attached Memorandum of Agreement (MOA) with Trojan Technologies (Attachment A).
DISCUSSION
Scope of Services Description
The MOA (Attachment A) creates a binding commitment for Trojan Technologies to supply UV
disinfection equipment to a city-selected contractor who will install the disinfection equipment
and appurtenant facilities. In approving the MOA, the City is not obligated to Trojan
Technologies should Council decide not to award the construction contract later this year. In
short, the MOA:
1. Establishes the cost of the UV disinfection equipment at $1,618,338 (includes sales tax);
2. Requires Trojan Technologies to provide identical bid prices to bidders on the UV
disinfection construction project;
3. Requires Trojan Technologies to manufacture and deliver UV disinfection equipment to
the contractor awarded the construction contract; and
4. Requires Trojan Technologies to furnish consumable parts to the RWQCP at fixed prices
for five years after construction.
Trojan Technologies was selected over other firms because they provided the lowest life-cycle
cost. The life-cycle cost analysis gives the best value by considering capital as well as operation
and maintenance (O&M) costs. Selection of Trojan Technologies was completed prior to
construction bidding, allowing the City to avoid significant extra design costs and avoid delays
related to preparing multiple, customized designs for each UV equipment manufacturer. The
State Water Resources Control Board (SWRCB) approved the RFP and selection of Trojan
Technologies as consistent with the state funding requirements for a low-interest loan.
CMR:347:08 Page 2 of 3
Trojan Technologies will manufacture and deliver to the contractor a UV3000Plus disinfection
system including modules, lamps, controls, and appurtenant equipment. Trojan Technologies
will also coordinate the final design as well as furnish submittals, system documentation, a patent
agreement, training, and start-up services. After project completion, Trojan will provide
consumables (e.g., replacement lamps, ballasts, etc.) at a guaranteed price for five years and at
current list price thereafter.
Summary of Solicitation Process
Supply of UV Disinfection Equipment/
RFP 125217
UV Disinfection Equipment/
RFP 125217
Proposed Length of Project 18 months
Number of Proposals Mailed 4
Total Days to Respond to Proposal 30
Pre-proposal Meeting Date April 10, 2008
Number of Company Attendees at Pre-proposal
Meeting
4
Number of Proposals Received: 3
Company Name Location (City, State)
1. Trojan Technologies Inc. London, Ontario, Canada
2. Infilco Degremont/Denard Richmond, VA
3. WEDECO Charlotte, NC
Three firms submitted proposals. A fourth firm did not submit a proposal because the California
Department of Public Health had not yet approved their disinfection equipment for recycled
water.
Proposal review was performed by an evaluation committee consisting of representatives from
the Public Works Department RWQCP and from the design-consulting firm of RMC Water and
Environment. The committee carefully reviewed each firm's qualifications and submittal in
response to the criteria identified in the RFP. The evaluation team considered proposal
completeness, financial capabilities of the firm, adequacy of technical support, satisfactory
availability of replacement parts, acceptance of the MOA terms, patent license agreement, and
specifications and adequacy of existing equipment installations. All three firms were well
qualified and responsive. For the qualified firms, the RFP based selection on lowest overall life-
cycle cost. The 30-year life-cycle equipment, installation, and O&M costs were developed per
the RFP through vendor submittals and engineering estimates; the costs are summarized below.
UV Disinfection Equipment: Life-cycle Cost Evaluation Summary
Item
Trojan
Technologies
Infilco Degremont/
Denard WEDECO
Equipment Cost $1,618,338 $1,708,185 $2,361,203
Installation Cost $4,437,231 $4,550,971 $6,067,567
O&M Cost $2,346,692 $2,335,016 $3,842,018
Overall Life-cycle Costs $8,402,261 $8,594,172 $12,270,788
CMR:347:08 Page 3 of 3
PROJECT UPDATE
A project update is included as Attachment B.
TIMELINE
The project is in the final stages of design. A project timeline is below.
• Bid Construction Project October 2008
• Award Construction Project December 2008
• Construction Start April 2009
• Construction Complete October 2010
RESOURCE IMPACT
The UV disinfection equipment will be procured through a construction contract estimated at
$11 million, which includes the equipment committed by Trojan Technologies in this MOA at a
price of $1,618,338 (includes sales tax). Funds for the UV disinfection project have been
budgeted in the FY 2008-2009 Wastewater Treatment Fund capital budget (WQ-06014) in the
amount of $20,000,000.
POLICY IMPLICATIONS
This staff report does not represent a change to existing City policies.
ENVIRONMENTAL REVIEW
The City of Palo Alto performed an environmental review under provisions of the California
Environmental Quality Act (CEQA). An environmental impact assessment was prepared for the
project and it was determined that no potentially adverse impacts would result from the
development and that the project would have a less than significant impact on the environment.
The environmental impact assessment and negative declaration were unanimously approved by
City Council on April 28, 2008 (CMR:214:08).
ATTACHMENTS
Attachment A: Memorandum of Agreement
Attachment B: UV Disinfection Project Update
Attachment C: Certification of Nondiscrimination
PREPARED BY: James S. Allen, Senior Engineer, RWQCP
Richard A. Wetzel, Manager, RWQCP
DEPARTMENT HEAD: _______________________________
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: ______________________________________
JAMES KEENE
City Manager
CMR: 365:08 Page 1 of 5
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: SEPTEMBER 15, 2008 CMR: 365:08
SUBJECT: APPROVAL OF A MITIGATED NEGATIVE DECLARATION, SITE AND
DESIGN REVIEW, CONDITIONAL USE PERMIT AND RECORD OF
LAND USE ACTION FOR A NEW SPA AND FITNESS FACILITY,
BELOW GRADE PARKING, TENNIS COURT AND OTHER SITE
IMPROVEMENTS LOCATED WITHIN THE OPEN SPACE (OS) ZONE
DISTRICT AT 3000 ALEXIS DRIVE
RECOMMENDATION
Staff, the Planning and Transportation Commission, and the Architectural Review Board
recommend that the City Council approve the following:
1. Mitigated Negative Declaration, prepared for the property located at 3000 Alexis Drive, in
accordance with the California Environmental Quality Act (Attachment G).
2. A Record of Land Use Action approving a Site and Design Review and Conditional Use
Permit applications to allow the construction of a new spa and fitness facility, and other site
improvements subject to the findings and conditions of approval contained in the draft
Record of Land Use Action (Attachment A).
BACKGROUND
The project is located in the Palo Alto Foothills at the Palo Alto Hills Golf and Country Club, on
a 125 acre site in the Open Space (OS) zone district, surrounded by single family residences and
the Arastradero Preserve. The Comprehensive Plan map designation is open space/controlled
development. The adjacent residential development is primarily zoned Residential Estate (RE)
with some properties in the OS zone district.
The proposed two-story, spa/fitness center would be located at the south end (left side) of the
existing country club building at the southeast side of the property near Alexis Drive. The
16,276 square foot building would include a basement providing 27 parking spaces and a storage
and laundry facility, with ground floor areas for reception, hot tub, spa, locker room, teen room,
and child watch. The second floor would contain a workout room and two exercise rooms for
group classes.
CMR: 365:08 Page 2 of 5
Changes to the existing clubhouse would include the addition of a porte cochere and two small
banquet rooms, relocation of the existing administrative offices, new roof screens, and an
expansion of the pro shop and members’ bar area. The proposal also includes a new turf tennis
court, a small wading pool, and replacement and reconfiguration of the existing driving range
area.
BOARD/COMMISSION REVIEW AND RECOMMENDATIONS
ARB Review
On September 7, 2006, the Architectural Review Board (ARB) reviewed conceptual plans for a
building that exceeded the height limit, supporting the original butterfly roof design that
increased the building height. The ARB encouraged the use of story poles to study the potential
impact on adjacent residents’ views, though there was no public testimony about the building
height. The board expressed some concerns over the introduction of the mansard roof to act as a
screen for existing mechanical equipment and how the new building connects to the old.
The first formal ARB hearing was held on May 15, 2008, with a review of revised plans that
comply with the 25 foot height limit of the Open Space zone district. The board was generally
supportive of the project but continued the item requesting that the applicant come back with the
following information:
• All landscape lighting fixtures and locations with consideration for step lights in the
stairs;
• Bike rack locations and details;
• Details for the concrete walls and the railings;
• Reconsideration of the porte cochere roof;
• Reconsideration of the fenestration at the front right side of the spa/fitness building;
• Consideration of integral color stucco;
• Depiction of how the roof will cover the wall portion of the proposed spa/fitness building
that does not have overhangs to show how rain will not run down the inside of the wall.
At the ARB’s second hearing on June 5, 2008, the ARB voted (5-0) to recommend approval with
an additional condition. The applicant has recently proposed to add new trees to the existing
parking lot and to remove a large cedar tree in front of the building. Staff is still working with
the applicant to finalize the specifics of the landscape revisions and the ARB has recommended
approval with the condition that the applicant work with staff to finalize these details. This
condition has been added to condition number five. There were no public speakers on this item.
Planning and Transportation Commission (PTC) Hearings
The proposal was heard by the PTC on April 2, 2008. The PTC unanimously voted (6-0-1-0) to
recommend approval with staff’s conditions including the building height reduction, with two
added conditions: (1) that the Conditional Use Permit limit the club membership to 425
proprietary members and 200 Social members, and (2) that the applicant revise the landscape
plan to adequately screen the view of the proposed building from an adjacent residence. There
were seven speakers in favor of the project and three speakers against. Those in support of the
project cited the family oriented programs offered by the Club and the Club’s history of being a
good neighbor as some of the community benefits. Those opposed expressed concerns over
traffic, controls over the number of club members, future membership costs, and the proposed
location of the spa/fitness building. The PTC meeting minutes are included as Attachment I (for
CMR: 365:08 Page 3 of 5
Council members only and available on the City’s website at
http://www.cityofpaloalto.org/civica/filebank/blobdload.asp?BlobID=11937.
The project was reviewed a second time by the PTC on August 27, 2008 to make a
recommendation to the City Council on the Conditional Use Permit (CUP). Typically, a CUP is
subject to review and approval by the Director of Planning and Community Environment. A
CUP application alone would not be brought before the PTC unless a hearing was requested. In
this case, staff had decided to bring the CUP before the PTC as it is associated with a Site and
Design Review application. This would allow Council to conduct a single hearing on all of the
project elements. The PTC recommended approval of the CUP by a vote of 5-1-0-1. The draft
excerpt of the PTC minutes for the August 27th meeting are also attached for Council and
available on the City’s website at http://www.cityofpaloalto.org/knowzone/agendas/council.asp.
RESOURCE IMPACT
The proposed project will generate additional annual General Fund revenues in the form of
property taxes and Utility Users Tax. Total revenues from these sources are projected to
equal $11,405. In addition, one-time impact fees of $146,153 are expected from the project.
POLICY IMPLICATIONS
Commercial Recreation is a conditionally permitted use within the OS zone district. As a
Commercial Recreational Use, the expansion of the club facilities requires a Conditional Use
Permit (CUP). A CUP was included in the filing of the application for Site and Design review.
The City Council does not typically act on the CUP as it is a Director-level decision. Because
the application includes Site and Design review which requires Council action, and that fact that
each element would need to be conditioned upon the approval of the other, staff has decided to
have the City Council also act on both elements, the Site and Design Review and the CUP.
ENVIRONMENTAL REVIEW
A Draft Initial Study, which reviewed the environmental issues as required by the California
Environmental Quality Act (CEQA), and Intent to Adopt a Mitigated Negative Declaration
(MND) were posted and circulated for public review. The 20-day public review circulation
period began March 28, 2008 and ended April 17, 2008. A letter from a neighbor’s attorney
(Attachment H) objecting to the environmental review was submitted subsequent to the PTC
hearing but in advance of the City Council’s scheduled Site and Design hearing on June 16,
2008. A revised analysis incorporated changes to: 1)add more details about the existing uses on
the site; 2) include geotechnical conditions as mitigation measures; 3) expand the scope of the
grading discussion; and 4) update the traffic analysis and require transportation demand
management (TDM) measures to be specified and implemented with the project, rather than
subsequent to future traffic monitoring. Staff believes these changes adequately respond to the
attorney’s letter and that other concerns were previously addressed and require no further
modification to the IS/MND.
The 20-day public review circulation period for the revised MND began August 19, 2008 and
ended September 9, 2008. Mitigation measures have been identified that would be required as
conditions of approval to ensure the project will not have a significant negative impact on the
environment. These mitigations include the following:
• The requirement for night shades to prevent light leak from windows of the new building
CMR: 365:08 Page 4 of 5
in the evening;
• The requirement for the implementation of the recommendations of the Geotechnical
Report to ensure the new construction will be structurally sound relative to the specific
soil conditions of the site;
• The requirement for implementation of noise reduction measures to ensure the noise
levels do not exceed allowable thresholds;
• The requirement for a Transportation Demand Management (TDM) program to reduce
the number of vehicular trips such that the City’s thresholds (TIRE index) are not
exceeded; and
• The requirement that measures be implemented to ensure that parking is contained on
site.
A copy of the environmental document is provided as Attachment G.
PREPARED BY: _____________________________________________
RUSS REICH
Planner
DEPARTMENT HEAD: ________________________________________
CURTIS WILLIAMS
Interim Director of Planning and Community Environment
CITY MANAGER APPROVAL: ____________________________________________
JAMES KEENE
City Manager
ATTACHMENTS
Attachment A: Draft Record of Land Use Action.
Attachment B: Location Map
Attachment C: PTC Staff Report April 2, 2008 (w/o attach)
Attachment D PTC Staff Report August 27, 2008 (w/o attach)
Attachment E: ARB Staff Report, May 15, 2008 (w/o attach)
Attachment F: ARB Staff Report, June 5, 2008 (w/o attach)
Attachment G: Draft Initial Study and Mitigated Negative Declaration
Attachment H: Letter from Stephen Velyvis, June 11, 2008
Attachment I: PTC Verbatim Minutes of April 2, 2008
Attachment J: PTC Verbatim Minutes of August 27, 2008
Attachment K: Applicant’s Submittals
Attachment L: Correspondences from the public
Attachment M: Project Plans (Council packet only)
CMR: 365:08 Page 5 of 5
COURTESY COPIES
Chris Wasney, Applicant
Palo Alto Hills Golf and Country Club, Dirk Zander, Owner
Sal Giovanotto, Neighboring Property Owner
Stephen E. Velyvis, Miller Starr Regalia
________________________________________________________________________
CMR: 364:08 Page 1 of 5
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: SEPTEMBER 15, 2008 CMR: 364:08
SUBJECT: APPEAL OF DIRECTOR’S APPROVAL OF A MAJOR
ARCHITECTURAL REVIEW APPLICATION FOR A FOUR
STORY COMMERCIAL MIXED USE RETAIL/OFFICE
BUILDING, INCLUDING DESIGN ENHANCEMENT
EXCEPTIONS TO EXCEED THE MAXIMUM HEIGHT AND
FLOOR AREA, AND A VARIANCE APPLICATION FOR AN
ENCROACHMENT INTO THE BRYANT STREET SPECIAL
SETBACK AT 278 UNIVERSITY AVENUE
RECOMMENDATION
Staff, the Planning and Transportation Commission, and the Architectural Review Board
recommend that the City Council deny the appeal and approve the following:
1. A Record of Land Use Action approving the Major ARB application for the
construction of a new four story office/retail building, including a Variance to
allow the building to encroach 3 feet into the seven foot special setback on Bryant
Street and Design Enhancement Exceptions for height to 1) allow a five foot
encroachment beyond the 50 foot height limit and to 2) exempt the basement from
the floor area calculation, subject to the findings and conditions of approval
contained in the draft Record of Land Use Action (Attachment A)
PROJECT DESCRIPTION
The applicant proposes to demolish the existing two-story, un-reinforced masonry
building at 278 University Avenue and to construct a new 18,206 square foot, four-story,
office and retail building. The first and possibly the second floors would be retail and the
third and fourth floors would be office. The building would have a two-story retail base
with a pedestrian oriented ground floor attractive and inviting to pedestrians on the
sidewalk. The third floor would be smaller and set back from the first and second floors
to reduce the apparent height and mass of the building. The fourth floor would be set
back even further than the third floor to further reduce the apparent height and mass and
increase light and air reaching to the street level.
________________________________________________________________________
CMR: 364:08 Page 2 of 5
BOARD/COMMISSION REVIEW AND RECOMMENDATIONS
ARB Review
The application was reviewed by the Architectural Review Board (ARB) on June 5,
2008. The ARB unanimously recommended approval of the project, including Design
Enhancement Exceptions (DEEs) for height and to exclude basement area from square
footage calculations. The approved design also included a three foot encroachment into
the required seven foot special setback on Bryant Street. The Director of Planning and
Community Environment (Director) approved the project on June 12, 2008. On June 30,
2008, the approval was appealed by Palo Alto resident Lynn Chiapella. On July 21,
2008, the Council set the date of September 15, 2008 to hear the appeal.
PTC Review
The Zoning Ordinance permits that an appeal of a Major ARB and DEE goes directly to
City Council for review. The Zoning Ordinance requires, however, that a request for
hearing of a Variance be heard by the PTC before it is heard by the City Council. For
this reason, the Variance was considered by the PTC on July 30, 2008. The PTC
recommendation in this staff report is specific to the Variance for the special setback
encroachment only as the Commission did not review the other project elements. The
PTC voted to approve the Variance for the three foot encroachment into the seven foot
special setback. Four Commissioners believed the findings could be made, as reflected in
the Record of Land Use Action (Attachment A). They indicated that the corner lot was
highly constrained by the narrow lot width and by having sidewalks on three sides. The
proposal for the three foot encroachment made sense from an urban design perspective
and a 15 foot wide sidewalk on Bryant Street would be inappropriate and unnecessary.
The vote was 4-3-0-0. Three Commissioners believed that the findings could not be
made. They discussed how this lot was similar to other corner lots with the special
setback requirement and that they believed it was not a “special” circumstance.
DISCUSSION
The appellant cited multiple reasons for the appeal including 1) the height exception, 2)
the setback exception, 3) the exemption for the basement exclusion from the floor area
calculation, 4) the use of the seismic bonus for new construction versus rehabilitation and
the use of existing basement square footage in the seismic bonus calculation.
1. Height
Staff believes that the five foot design enhancement exception (DEE) for height
results in negligible impacts. The fourth floor is considerably smaller in its
footprint than the floors below it and the taller portion of the building that exceeds
the 50 foot height limit is centered in the middle such that the building would not
be perceptible from the street level. The code allows for 15 additional feet in
height for mechanical equipment roof screens and the proposed height is 10 feet
below that allowable height (partly because the equipment is to be located in the
basement). The Downtown Urban Design Guidelines encourage larger buildings
at the corners to reinforce the streetscape. The proposed height fits the context of
the block in that there are taller buildings at University Avenue and Ramona
________________________________________________________________________
CMR: 364:08 Page 3 of 5
Street and at Hamilton Avenue and Bryant Street. Staff and the ARB believe that
the increased height enhances the building design and DEE findings are included
in the Record of Land Use Action (ROLUA) (Attachment A).
2. Setback Encroachment
The proposed setback encroachment variance will result in a sidewalk width of 12
feet. This will be consistent with the 12 foot sidewalk width of University
Avenue. To require the entire seven foot setback would result in a 15 foot wide
sidewalk along Bryant Street. From an urban design perspective, the PTC and
ARB determined this would not be appropriate. PTC and staff believe the intent
of the special setback is to provide greater visibility and pedestrian orientation
from University Avenue down Bryant Street and that the proposed design
adequately achieves this purpose. The PTC findings for the variance are included
in the ROLUA (Attachment A).
3. FAR Exemption
The basement at 278 University Avenue already exists. While basement spaces
can be used for office or retail uses, they are not very desirable for these uses.
The applicant has proposed to use the basement to house all of the mechanical and
electrical equipment to hide it from public view, thus significantly improving the
alley elevation of the building. This will help to enliven and encourage pedestrian
activity within Centennial Alley. The basement areas would be excluded from
FAR calculations (DEE).
Basement space deemed “not useable” by the Planning Director may be excluded
from the floor area. Typically, this entails the applicant either filling in or walling
off portions of the basement to reduce ceiling height to seven feet or less,
considered “not habitable.” Recent Building Code changes now require eight feet
clearance for access to basements creating practical difficulty in altering the
basement to a “net habitable” condition. The Planning Director and the ARB in
this case determined that including all of the equipment in the basement would
enhance the design by 1) preventing equipment from being located in more visible
locations outside or on the roof of the building, and 2) avoiding the need for the
applicant to rebuild a smaller basement, contrary to preferred green building
practices. The DEE findings are again located in the Record of Land Use Action
(Attachment A).
4. Seismic Bonus
The City has a long history of encouraging voluntary seismic standard compliance
with use of the seismic bonus for both new construction and rehabilitation
projects. Sections 18.18.070 of the Zoning ordinance allows a bonus of zero
square feet or 25% of existing floor area (whichever is greater) where seismic
rehabilitation is proposed for a building in Seismic Category I, II or III (hazardous
condition). This includes the inclusion of existing basement square footage in the
calculation. Property owners in the Downtown are assessed for parking for the
square footage within the basements and it is typically counted in the floor area
________________________________________________________________________
CMR: 364:08 Page 4 of 5
calculation of a building. As noted in the applicant’s response letter of July 23,
2008, several other examples are available of Downtown projects where basement
area was used for seismic bonus calculations, even though the basement was to be
partially or completely demolished. To do otherwise would discourage
redevelopment of Downtown properties to meet current seismic standards. No
exceptions were required for the calculation.
POLICY IMPLICATIONS
The project is consistent with Comprehensive Plan policies and Downtown code and
policies to encourage redevelopment of Downtown properties including Comprehensive
Plan policies.
L-20: Encourage street frontages that contribute to retail vitality in all Centers.
Reinforce street corners with buildings that come up to the sidewalk or that form corner
plazas.
L-23: Maintain and enhance the University Avenue/Downtown area as the central
business district of the City, with a mix of commercial, civic, cultural, recreational and
residential uses. Promote quality design that recognizes the regional and historical
importance of the area and reinforces its pedestrian character.
Retail and office uses are permitted uses within the CD-C(GF)(P) zone district. The
ARB findings in the Record of Land Use Action (Attachment A) support approval of the
project. The findings for the DEEs and the Variance can be made in the affirmative and
are included in the Record of Land Use Action. Comprehensive Plan consistency is also
addressed by the findings in the Record of Land Use Action.
RESOURCE IMPACT
The proposed project will generate additional annual General Fund resources in the form
of property and sales taxes. Total annual revenues from these sources are projected to
equal $54,321. In addition, one-time impact fees of $175,487 are expected from the
project.
ENVIRONMENTAL IMPACTS
Pursuant to the requirements of the California Environmental Quality Act (CEQA), an
Initial Study and Negative Declaration were prepared and circulated, with a required 20-
day public review and comment period beginning on May 16th and ending on June 5,
2008. No public comments were received. No significant impacts were identified and no
mitigation measures are required. A copy of the environmental document is included as
Attachment H.
PREPARED BY: _________________________________
RUSS REICH
Senior Planner
________________________________________________________________________
CMR: 364:08 Page 5 of 5
DEPARTMENT HEAD: _________________________________
CURTIS WILLIAMS
Interim Director of
Planning and Community Environment
CITY MANAGER APPROVAL: _________________________________
JAMES KEENE
City Manager
ATTACHMENTS
A: Draft Record of Land Use Action
B: Location Map
C: Appellant Letter, June 30, 2008 and July 9, 2008
D: Applicant Letters, Dated March 18, 2008, July 7, 2008, and July 23, 2008
E: PTC Staff Report, July 30, 2008
F: ARB Staff Report, June 5, 2008
G: PTC Verbatim Minutes of July 30, 2008
H: Draft Initial Study and Negative Declaration
I: Project Plans (Council packet only)
COURTESY COPIES:
Lynn Chiapella
Roxy Rapp
Ken Hayes