HomeMy WebLinkAbout2008-10-06 City Council Agenda Packet
1 10/06/08
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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
October 06, 2008
6:30 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. Conference with City Attorney-Existing Litigation
Title: Palo Alto Sanitation Co. v. City of Palo Alto, et al.;
Santa Clara County Superior Court Case No.: CV107084380
Authority: Government Code Section 54956.9(a)
Regular Meeting will start no earlier than 7:00 PM
SPECIAL ORDERS OF THE DAY
2. Proclamation for United Nations Association Film Festival (UNAFF)
ATTACHMENT
3. Selection of Candidates to be Interviewed for the Architectural Review
Board
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.
10/06/08 2
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
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CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
APPROVAL OF MINUTES
September 08, 2008
CONSENT CALENDAR
Items will be voted on in one motion unless removed from the calendar by two Council Members.
4. Policy and Services Committee and Human Relations Commission
Recommendation to the City Council to Adopt an Ordinance
Amending Section 9.72.070 of Chapter 9.72 [Mandatory
Response to Request for Discussion of Disputes Between
Landlord and Tenant] of Title 9 of the Palo Alto Municipal Code
to Void Rent Increases Given Without Notice of the Right to
Mediation
CMR 380-08 ATTACHMENT
5. Acknowledge Receipt of Notice of Nonrenewal of Land Conservation
Contract and Review and File Annual Report of Williamson Act
Contracts Within the City of Palo Alto
ATTACHMENT
6. Council Appointed Officer’s (CAO) Committee Recommendation to
Direct the City Attorney to Set a Public Employee Performance
Evaluation Closed Session With City Manager James Keene for the
Purpose of Performance Evaluation Goal Setting
CMR 403-08 ATTACHMENT
7. Acknowledge Withdrawal of Appeal of Director’s Approval of a major
Architectural Review Application for a Three Story Commercial Mixed
Use Retail/Office Building at 310 University Avenue
*This item is quasi-judicial and subject to Council's Disclosure Policy
ATTACHMENT
8. Adoption of a Resolution Expressing Appreciation to Richard A. Wetzel
Upon His Retirement
ATTACHMENT
10/06/08 3
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9. Approval of a Final Map to Subdivide One Lot Into 45 Residential
Condominiums, Streets and a Public Park, Located at 4249 El Camino
Real
*This item is quasi-judicial and subject to Council's Disclosure Policy
CMR 378-08 ATTACHMENT
10. Approval of a Contract with Spencon Construction, Inc. in the Amount
of $584,134 for Fiscal Year 2008-09 Sidewalk Replacement Project –
Capital Improvement Program Project PO-89003
CMR 383-08 ATTACHMENT
11. Approval of a Utilities Enterprise Fund Contract with Asplundh Tree
Expert Company in an Amount Not to Exceed $797,080 for the First
Year and $1,062,000 for Up to Four Additional Years for the 2008
Power Line Clearing Project
CMR 386-08 ATTACHMENT
12. Approval of a Contract with Blossom Valley Construction, Inc. in an
Amount of $1,056,900 for the San Antonio Street Tree Replacement,
Median and Road Improvement Project – Capital Improvement
Program Project PE-00104 and Street Maintenance Program Project
PE-86070
CMR 390-08 ATTACHMENT
13. Adoption of a Budget Amendment Ordinance to Transfer
Appropriation of $58,920 from Capital Improvement Program
(CIP) Project PE-06006, Alma Street Landscaping
Improvements to CIP Project PE-06005, University Avenue
Gateway Landscaping Improvements
CMR 389-08 ATTACHMENT
14. Adoption of a Resolution Requesting the Santa Clara County Local
Agency Formation Commission (LAFCO) Approve a Reorganization
Consisting of Detachment of the Land Known as the “Former Los Altos
Sewage Treatment Plant Site” (1237 San Antonio Road) From the City
of Los Altos and Annexation of the Land to the City of Palo Alto and
Authorization for the City Manager to Execute and Submit the
Annexation Application to LAFCO
10/06/08 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
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CMR 388-08 ATTACHMENT
15. 2nd Reading 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
(First reading September 15, 2008 – Passed 9-0)
16. 2nd Reading 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
(First reading September 15, 2008 – Passed 9-0)
17. 2nd Reading Adoption of a Park Improvement 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
(First reading September 15, 2008 – Passed 9-0)
18. 2nd Reading 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
(First reading September 15, 2008 – Passed 9-0)
19. Approval of Additional Funds in the Amount of $100,000 for Blanket
Order No. 4609000100 with Skylonda Equipment for Green Material
Compost Grinding Services at the City’s Composting Facility
CMR 387-08
10/06/08 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.
20. Approval of a Wastewater Treatment Enterprise Fund Contract with
JMB Construction, Inc. in the Total Amount of $878,800 for the
Recycled Water Contact Chamber Retrofit Project at the Regional
Water Quality Control Plant - Capital Improvement Program Project
WQ-80021
CMR 379-08 ATTACHMENT
21. Approval of Sole Source Software Purchase, Support and Maintenance
Contract and Contract Contingency with Pitney Bowes Software, Inc. in
the Amount of $330,000 for the Upgrade of the Utilities Bill Print
Processing and Storage Systems
CMR 400-08 ATTACHMENT
22. Adoption of an Emergency Ordinance Amending Section 2.31.010
[Surplus Property and Equipment Disposal or Destruction] of
the Palo Alto Municipal Code to Allow the Donation of Surplus
Property to Nonprofit Organizations and Declaring the Urgency
Thereof, to Take Effect Immediately
CMR 401-08 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
23. Approval of Mitigated Negative Declaration, Site and Design Review
and Record of Land Use Action for a New Childcare Facility (San
Antonio Children’s Center) Located at 1129-1137 San Antonio Avenue
*This item is quasi-judicial and subject to Council's Disclosure Policy
CMR 374-08 ATTACHMENT
24. Approval of a Negative Declaration and Adoption of a Resolution
Approving the Palo Alto Baylands Master Plan 2008
CMR 376-08 ATTACHMENT
10/06/08 6
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.
REPORTS OF OFFICIALS
25. Library Department Update on Progress of Audit of Library Operations
Recommendations
CMR 375-08 ATTACHMENT
26. Approval of an Agreement Between San Mateo County Convention and
Visitors Bureau and the City of Palo Alto for the Provision of
Destination Palo Alto Visitorship Services in the Amount of $215,000
for Fiscal Year 2008-09 and $240,000 for Fiscal Year 2009-10 and
Approval of an Agreement Between the Palo Alto Weekly and the City
of Palo Alto for the Provision of the Destination Palo Alto Website
Update and Revision, Visitor Guide and Associated Services in the
Amount of $25,000 for Fiscal Year 2008-09
CMR 335-08 ATTACHMENT
REPORTS OF COMMITTEES AND COMMISSIONS
27. Policy and Services Committee Recommendation to Approve a Pilot
Program to Implement “Open City Hall” Online Service
CMR 398-08 ATTACHMENT
COUNCIL MATTERS
28. Adoption of a Resolution Opposing Santa Clara County Measure B
Enacting a One-Eighth Cent Sales Tax Increase over 30 Years in the
November 2008 Santa Clara County Election
ATTACHMENT
29. Colleague’s Memo from Mayor Klein and Council Member Kishimoto
Requesting Adoption of a Resolution Supporting State of California
Ballot Proposition 1A, the Safe, Reliable High Speed Passenger Train
Bond Act for the 21st Century
ATTACHMENT
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Members of the public may not speak to the item(s).
10/06/08 7
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.
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:380:08 Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE: OCTOBER 6, 2008 CMR: 380:08
REPORT TYPE: PUBLIC HEARING
SUBJECT: ADOPTION OF ORDINANCE AMENDING SECTION 9.72.070 OF
CHAPTER 9.72 [MANDATORY RESPONSE TO REQUEST FOR
DISCUSSION OF DISPUTES BETWEEN LANDLORD AND TENANTS]
OF TITLE 9 OF THE PALO ALTO MUNICIPAL CODE TO VOID RENT
INCREASES GIVEN WITHOUT NOTICE OF THE RIGHT TO
MEDIATION
RECOMMENDATION
Staff recommends that City Council adopt the attached ordinance amending Section 9.72.070 of
Palo Alto Municipal Code (PAMC) chapter 9.72 (Mandatory Response to Request for
Discussion of Disputes between Landlords and Tenants) to void increases in rents when a rental
agreement, lease or other written document that changes the term of tenancy for a residential
rental property is not accompanied by the notice required by section 9.72.070 of a tenant’s rights
to mediation services.
BACKGROUND AND COMMITTEE REVIEW AND RECOMMENDATIONS
The Policy and Services Committee concurred with the Human Relations Commission’s (HRC)
recommendation and voted unanimously at its July 8, 2008 meeting to recommend that the City
Council amend Chapter 9.72 of the Municipal Code to add language to Section 9.72.070 to void
increases in rents when a rental agreement, lease, or other written document that changes the
term of tenancy for a residential rental property is not accompanied by the notice required of
tenant’s rights to mediation services.
The HRC recommended the amendments to PAMC Sections 9.72.070 at its April 10, 2008
meeting after receiving testimony from Mr. Martin Eichner, Director of Dispute Resolutions for
Project Sentinel, the City of Palo Alto’s Facilitation Administrator. He stated that although the
Mandatory Response Ordinance continues to receive excellent satisfaction ratings from both
tenants and landlords who participated in the sessions, he has concluded the program has been
underutilized in Palo Alto, with only 30 cases in 2005, 29 cases in 2006 and 27 cases in 2007.
Additional comparison data to other cities is in the attached City Manager’s Report: 297:08.
In addition, the HRC supported a recommendation to amend the ordinance with a
communication plan for conveying the requirements of the ordinance to landlords that had the
following elements:
CMR:380:08 Page 2 of 2
Communication using e-mail, website, or other means targeting all landlords encouraging
them to register and educating them about the ordinance;
Similar notification about the ordinance targeting landlords already registered;
A 90 day grace period for all landlords to register and comply with the ordinance.
Upon adoption of the amended ordinance, staff will develop a communication plan in accordance
with the HRC’s recommendation and present the draft plan to the HRC for review.
ENVIRONMENTAL REVIEW
Approval of this amendment to PAMC section 9.72.070 does not require review under the
California Environmental Quality Act (CEQA) because it does not meet the definition of
“project” pursuant to California Public Resources Code Section 21065.
ATTACHMENTS
Attachment A: CMR 297:08 Human Relations Commission Recommendation to amend
Palo Alto Municipal Code chapter 9.72 (Mandatory Response to Requests
for Discussion of Disputes between Landlords and Tenants) to void rent
increases given without required notice of the tenant’s rights to mediation
Attachment B: Ordinance Amending Section 9.72.070 Of Chapter 9.72 [Mandatory
Response To Request For Discussion Of Disputes Between Landlord And
Tenants ] Of Title 9 Of The Palo Alto Municipal Code To Void Rent
Increases Given Without Notice Of The Right To Mediation
Attachment C: Minutes to the April 10, 2008 Human Relations Commission meeting
PREPARED BY: ____________________________________________________
KATHY ESPINOZA-HOWARD
Division Manager, Cubberley Center and Human Services
DEPARTMENT APPROVAL: _________________________________________
GREG BETTS
Interim- Director of Community Services
CITY MANAGER APPROVAL: ________________________________________________
JAMES KEENE
City Manager
CMR:383:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: OCTOBER 6, 2008 CMR:383:08
REPORT TYPE: CONSENT
SUBJECT: Approval Of A Contract With Spencon Construction, Inc. In The
Amount Of $584,134 For Fiscal Year 2008-09 Sidewalk Replacement
Project – Capital Improvement Program Project PO-89003
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or his designee to execute the attached contract
with Spencon Construction, Inc. in the amount of $584,134 for Fiscal Year (FY) 2008-
2009 Sidewalk Replacement Project – Capital Improvement Program (CIP) Project PO-
89003 (Attachment A).
2. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Spencon Construction, Inc. for related, additional but
unforeseen work which may develop during the project, the total value of which shall not
exceed $58,400.
DISCUSSION
Project Description
The work to be performed under this contract is for sidewalk, curb, gutter, asphalt pavement, and
catch basin replacements; and Portland cement concrete and asphalt recycling. The sidewalk
replacement locations are shown on Location Maps 2 and 3 (Attachment B). The project also
includes the new construction of integral sidewalk, curb and gutter at #2023 - #2025 East
Bayshore Road, the intensive-use sidewalk replacement, and the tree-well grate installations on
downtown University Avenue and El Camino Real as shown on Location Maps 1 and 3
(Attachment B). The new sidewalk at #2023 - #2025 East Bayshore Road is part of the San
Francisquito Creek Storm Drain Pump Station CIP SD-06102. It is being coordinated with this
project to obtain the best possible price for the type of work.
Work in downtown and other intensive use areas will be stopped during lunch hours to minimize
the inconvenience to merchants and the public. This contract also includes the construction of
twelve curb ramps with yellow detectable warning surfaces in compliance with the American
with Disabilities Act (ADA) and in accordance with the 2007 Public Works Standard Drawings
and Specifications. A detectable warning surface is a standardized surface feature built in or
applied to walking surfaces or other elements to warn visually impaired people or hazards on a
CMR:383:08 Page 2 of 3
circulation path and consist of a surface of truncated domes aligned in a square grid pattern and
yellow in color.
Bid Process
On July 30, 2008, a notice inviting formal bids for the FY 2008-09 Sidewalk Replacement
Project was posted at City Hall, and sent to ten builder’s exchanges and seven contractors. The
bidding period was twenty-seven days. Bids were received from six qualified contractors on
August 26, 2008, as listed on the attached Bid Summary (Attachment C). The Certification of
Nondiscrimination is Attachment D.
Summary of Bid Process
Bid Name/Number 2008-09 Sidewalk Replacement / IFB #127589
Proposed Length of Project 210 calendar days
Number of Bids Mailed to
Contractors
7
Number of Bids Mailed to Builder’s
Exchanges
10
Total Days to Respond to Bid 27
Pre-Bid Meeting? No
Number of Company Attendees at
Pre-Bid Meeting
N/A
Number of Bids Received: 6
Bid Price Range From a low of $584,134 to a high of $743,277
Bids ranged from a high of $743,277 to a low bid of $584,134. Staff has reviewed all bids
submitted and recommends that the bid of $584,134 submitted by Spencon Construction, Inc. be
accepted and that Spencon Construction, Inc. be declared the lowest responsible bidder. The bid
is 15 percent below the engineer's estimate of $691,925. The change order amount of $58,400,
which equals 10 percent of the total contract, is requested for related, additional but unforeseen
work which may develop during the project.
Staff checked references supplied by the contractor for previous work performed and found no
significant complaints. Staff also checked with the Contractor's State License Board and found
that the contractor has an active license on file and has no outstanding complaints.
RESOURCE IMPACT
Funds for this project are included in the FY 2008-09 Capital Improvement Program Sidewalk
Replacement Project, PO-89003, and FY 2007-08 Capital Improvement Program Pump Station
Project, SD-06102. Any excess funds remaining will return to their respective Capital
Improvement Program budgets.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
CMR:383:08 Page 3 of 3
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA)
under Section 15301c of the CEQA guidelines as repair, maintenance and/or minor alteration of
the existing facilities and no further environmental review is necessary.
ATTACHMENTS
Attachment A: Contract
Attachment B: Location Maps 1, & 2
Attachment C: Bid Summary
Attachment D: Certification of Nondiscrimination
PREPARED BY: ______________________________________
MATTHEW A. RASCHKE
Senior Engineer, Public Works/Operations
DEPARTMENT HEAD: ______________________________________
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: ______________________________________
JAMES KEENE
City Manager
CMR:386:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: OCTOBER 6, 2008 CMR:386:08
REPORT TYPE: CONSENT
SUBJECT: Approval Of A Utilities Enterprise Fund Contract With Asplundh Tree
Expert Company In An Amount Not To Exceed $797,080 For The First
Year And $1,062,000 For Up to Four Additional Years For The 2008
Power Line Clearing Project
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or his designee to execute the attached contract
with Asplundh Tree Expert Company (Attachment A) in an amount not to exceed
$797,080 for the first year (through June 30, 2009) of the 2008 Power Line Clearing
Project.
2. Authorize the City Manager or his designee to exercise the option to renew the contract
for up to four additional years through June 30, 2013 in an amount not to exceed
$1,062,000 each year, provided the contractor is responsive to the City’s needs and the
quality of the contractor’s work is acceptable. Funding for each additional year is
contingent upon Council approval of that Fiscal Year’s budget.
DISCUSSION
Project Description
The work to be performed under the contract includes clearing of trees and other vegetation from
electrical conductors, poles, substations, fiber optic, traffic signals and street lights throughout
the City. Clearing vegetation from power lines is an on-going operation necessary to provide
safe, reliable power to the City’s utility customers. Clearance is mandated by the California
Public Utilities Commission and the City can be subject to fines if the required clearances are not
maintained at all times. All tree work shall conform to the techniques and standards specified in
ANSI A300 (Tree, Shrub and Other Woody Plant Maintenance – Standard Practices). City staff
will monitor for adherence to these standards.
The term of the contract will be for up to five years. Staff has found that a multi-year contract is
advantageous to the City because it allows a contractor to amortize major equipment purchases,
retain highly qualified workers, and bid lower prices for the work. The amount of work in the
bid items is based on work recently completed by the current line clearing contractor. Tree
growth is highly dependent on precipitation. Therefore, the actual work levels and costs may be
CMR:386:08 Page 2 of 3
higher or lower than the estimated quantities in the bid. The bid establishes the unit and hourly
rates for each type of work.
Staff has previously determined that using contract forces to perform this work is much more
efficient than tying up limited City tree crew resources due to the large size and ongoing nature
of the project.
A notice inviting formal bids for the project was posted at City Hall and sent to six contractors
on August 13, 2008. The bidding period was 27 days. Bids were received from three qualified
contractors on September 9, 2008, as listed on the attached bid summary (Attachment B). Bids
ranged from a high of $1,073,200 to a low bid of $932,836. Although the low bid for this
project was $932,836, the contract amount is $797,080 since the first year costs of the contract
are prorated for a period of less than nine months (from award of contract through June 30,
2009). The quantities given in the bid schedule were based on an average amount of work that
might be expected in a twelve-month period. They were given only as a basis for comparison of
bids and the City did not guarantee that the actual amount or proportion of work would
correspond therewith.
Summary of Bid Process
Bid Name/Number 2008 Power Line Clearing Project /RFQ #127935
Proposed Length of Project 1 “year” – renewable for up to 4 additional years
Number of Bids Mailed to
Contractors
6
Number of Bids Mailed to Builder’s
Exchanges
0
Total Days to Respond to Bid 27
Pre-Bid Meeting? Yes
Number of Company Attendees at
Pre-Bid Meeting
6
Number of Bids Received: 3
Bid Price Range From a low of $932,836 to a high of $1,073,200.
*Bid summary provided as Exhibit E to the contract.
Staff has reviewed all bids submitted and recommends that the bid of $932,836 submitted by
Asplundh Tree Expert Company be accepted and that Asplundh Tree Expert Company be
declared the lowest responsible bidder. The bid is 1.2 percent above the staff estimate of
$921,750.
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
Funds for this project are included in the FY 2008-2009 Utilities Department budget. For each
additional year, the contractor’s rates may be increased by an amount not to exceed the
percentage increase in the Consumer Price Index for the San Francisco-Oakland-San Jose area.
CMR:386:08 Page 3 of 3
In no event shall the contractor’s compensation rates be increased by an amount exceeding five
percent of the rates effective during the immediately preceding term.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing policies.
ENVIRONMENTAL REVIEW
The recommended action is exempt from review under the California Environmental Quality Act
pursuant to CEQA Guidelines Section 15301(h) [maintenance of existing landscape].
ATTACHMENTS
Attachment A: Contract (includes Certification of Nondiscrimination)
Attachment B: Bid Summary
PREPARED BY: ______________________________________
STEVE SCOTT
Project Manager
DEPARTMENT HEAD: ______________________________________
VALERIE O. FONG
Director of Utilities
______________________________________
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: ______________________________________
JAMES KEENE
City Manager
CMR:390:08 Page 1 of 4
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: OCTOBER 6, 2008 CMR:390:08
REPORT TYPE: CONSENT
SUBJECT: Approval of a contract with Blossom Valley Construction, Inc. in an
amount of $1,056,900 as part of the San Antonio Street Tree
Replacement, Median and Road Improvement Project – Capital
Improvement Program Project PE-00104 and Street Maintenance
Program Project PE-86070
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or his designee to execute the attached contract
with Blossom Valley Construction, Inc. in the amount of $1,056,900 for replacement of
street trees and landscape, and median and road improvements on San Antonio Avenue
from Middlefield Road to Briarwood Way.
2. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Blossom Valley Construction, Inc. for related, additional but
unforeseen work that may develop during the project, the total value of which shall not
exceed $ 105,690.
BACKGROUND
The San Antonio Street Tree Replacement Median and Road Improvement Project will
implement much needed improvements to a highly traveled corridor at the City’s southern
gateway. In February 2006, the City entered into a consultant contract with Bellecci Associates
to conduct public outreach, prepare an environmental assessment and to develop concept plans
for landscape improvements to the roadway planting areas and medians along the entire length of
San Antonio Road within City limits. This project will implement improvements proposed for
the portion between Middlefield Road and Briarwood Way. The landscape improvements along
San Antonio Road from Highway 101 to Middlefield Road are not funded at this time.
This project addresses the deteriorating condition of roadside planting areas and median islands
on San Antonio Road between Middlefield Road and Briarwood Way. The planting areas and
medians are not irrigated and support only sporadic patches of vegetation along with several
mature Italian Stone Pine trees. City Staff and a consulting arborist initially evaluated the option
CMR:390:08 Page 2 of 4
of retaining the Italian Stone Pines while landscaping the rest of the medians and repairing the
curbs and road. Different methods of installing irrigation lines with the existing trees protected in
place were researched and it was determined that each was potentially destabilizing to the trees.
The pines are currently at the end of their useful life cycle and require significant ongoing
maintenance including branch removal, surface root grinding and road repair. The subsurface
roots continue to cause significant damage to the roadway and median curbs, gutters, and
pavement.
Repair of the damaged roadway surface will take place in two phases that will be coordinated
with this project. The first phase is part of the 2008 Annual Street Maintenance Program Capital
Improvement Project PE-86070, and will involve repair to several large sections of the base rock
underneath the surface layer of asphalt that has failed. This work is scheduled to take place prior
to implementation of the tree replacement and median island improvements. The second phase
of improvements to the roadway will be part of the 2009 Annual Street Maintenance Program
Capital Improvement Project PE-86070, and will involve placement of a new 2” asphalt overlay
on the street surface between Middlefield Road and Alma Street. This work will take place after
the tree replacement and median island improvements have been implemented.
DISCUSSION
Project Description
The work to be performed under the contract includes repair and replacement of concrete curb
and gutter removal of the existing Stone Pines and replacement with a mix of more sustainable
deciduous and evergreen plant varieties, and installation of understory planting and an automatic
irrigation system on San Antonio Road between Middlefield Road and Briarwood Way.
The project construction is proposed to begin in the Fall of 2008 and includes the following
mitigation measures:
• At least one traffic lane must remain open in each direction during the construction hours
of 9 am to 4 pm.
• All trees must be removed and replaced in conformance with the City’s Tree Technical
Manual.
• Tree removal must take place during the raptor’s non-nesting season between September
and March.
• Number and density of trees planted will be maximized to ensure adequate and
sustainable canopy growth over time.
Public Outreach And Review
A series of six community meetings were held in May and August of 2006 to present the project
scope and gather public input, which was incorporated into the plans during the design
development phase. An additional community meeting was held in January 2007 to present the
final improvement plans, and the reaction among those in attendance was positive. In the
following month, the project received a staff level Architectural Review Board approval.
Staff has contacted project stake holders including adjacent neighborhood associations, business
owners, schools, day care centers and HOA’s with information about the scope of the proposed
CMR:390:08 Page 3 of 4
construction and preliminary work schedule. A dedicated web site will be established along with
a phone hot line that will each contain the latest information about the ongoing progress of the
project. An approved traffic control plan for the project will ensure that no more than one lane in
either direction would be closed during hours of construction.
The project will include extensive public outreach to inform the public of the anticipated
construction impacts. In addition to the dedicated web site, staff will issue a press release at the
start of the project and hand deliver notices to adjacent businesses and residents containing the
latest information about the ongoing progress including schedule updates, noise and construction
impacts expected during the project.
Summary of Bid Process
Bid Name/Number San Antonio Street Tree Replacement, Median, and Road
Improvements Project, IFB# 126369.
Proposed Length of Project 90 days
Number of Bids Mailed to
Contractors
24
Number of Bids Mailed to Builder’s
Exchanges
10
Total Days to Respond to Bid 27
Pre-Bid Meeting? Yes
Number of Company Attendees at
Pre-Bid Meeting
12
Number of Bids Received: 7*
Bid Price Range From a low of $1,056,900 to a high of $1,239,144
*Bid summary provided in Attachment B.
Staff has reviewed all bids submitted and recommends that the bid of $ 1,056,900 submitted by
Blossom Valley Construction, Inc. be accepted and that Blossom Valley Construction, Inc. be
declared the lowest responsible bidder. The bid is 12 percent below the engineer's estimate of
$1,202,766. A contingency in the amount of $ 105,690, which equals 10 percent of the total
contract, is requested to address unforeseen conditions that may arise during the construction
period.
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
This project is funded in the Capital Improvement Program (CIP) Projects PE-00104, San
Antonio Medians ($840,348) and PE-86070, Street Maintenance Program, ($322,242) utilizing
State Transportation Grant 1B funds.
CMR:390:08 Page 4 of 4
POLICY IMPLICATIONS
This project is in conformance with City of Palo Alto’s Comprehensive Plan and does not
represent any changes to existing City policies.
ENVIRONMENTAL REVIEW
In February 2007, a Mitigated Negative Declaration (MND) was adopted pursuant to the
California Environmental Quality Act (CEQA). The MND covered the implementation of
landscape improvements along the entire length of San Antonio Road and its frontages. The
proposed project on San Antonio Road between Middlefield Road and Briarwood Way includes
mitigation measures that would reduce the identified environmental impacts to a less than
significant level and is subject to the applicable performance measures and Mitigation
Monitoring Program contained herein (Attachment D).
ATTACHMENTS
Attachment A: Contract
Attachment B: Bid Summary
Attachment C: Certificate of Non-Discrimination
Attachment D: Mitigation Monitoring and Reporting Program dated February 2007
PREPARED BY: __________________________________
CHRIS RAFFERTY
Landscape Architect
DEPARTMENT HEAD: __________________________________
GLENN ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: __________________________________
JAMES KEENE
City Manager
CMR: 388:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: OCTOBER 6, 2008 CMR: 388:08
REPORT TYPE: CONSENT CALENDAR
SUBJECT: Adoption of a Resolution Requesting the Santa Clara County Local Agency
Formation Commission (LAFCO) Approve a Reorganization Consisting of
Detachment of the Land Known as the “Former Los Altos Sewage Treatment
Plant Site” (1237 San Antonio Road) from the City of Los Altos and
Annexation of the Site to the City of Palo Alto and Authorization for the City
Manager to Execute and Submit the Annexation Application to LAFCO
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt the attached resolution to requesting the Santa Clara County Local Agency
Formation Commission (LAFCO) approve a reorganization consisting of detachment of the
land known as the “Former Los Altos Sewage Treatment Plant Site” (LATP Site) at 1237
San Antonio Road (Assessors parcels 116-01-013 and 116-01-047) from the City of Los
Altos and annexation of the site to the City of Palo Alto (ATTACHMENT A).
2. Authorize City Manager or designee to submit application materials to LAFCO to annex
LATP site to the City of Palo Alto.
BACKGROUND
The LATP site is an approximately 13.62 acre site located at 1237 North San Antonio Road. It is
divided into four areas. The northernmost piece, Area A, is undeveloped and currently consists of
non-native grasslands on top of fill material and brackish marsh along the perimeter of a remnant
slough channel, separated from Area B by a levee. Area B is the site of the former sewage treatment
plant, which contains a vacant industrial structure, non-native grassland and six abandoned treatment
ponds. Area C is primarily undeveloped, mostly non-native grassland. Area D is the Los Altos/Los
Altos Hills pump station (ATTACHMENTS B and C).
From 1958 to 1972, the City of Los Altos operated a sewage treatment plant on the site. In 1972, the
plant was closed and some of the buildings were removed. On August 10, 1984, (CMR:146:84), Palo
Alto and Los Altos entered into a lease/purchase agreement for the former LATP site. A component
CMR: 388:08 Page 2 of 3
of the agreement was the understanding that part of the site was deemed developable and part was to
be dedicated for open space conservation. At that time, Palo Alto was interested in possibly
developing a solid waste facility on the developable portion.
Between 1984 and 1991, Palo Alto made payments per the agreement and became the owner of an
undivided half interest in the site. During that time period, the site was managed by Palo Alto and
rented to various tenants including the Palo Alto Utilities Department who used it for a staging/
storage area. Rental revenue was divided between the cities equally. By 1991, Palo Alto, Sunnyvale,
and Mountain View had entered into a 30-year agreement to use the Sunnyvale Materials Recovery
and Transfer Station (SMaRT Station) and the original idea of using the LATP site as a refuse
transfer station was abandoned.
During the 1990s, Palo Alto explored other possible uses for the site including a proposal for a
refuse operations facility, a household hazardous waste facility, and an equipment area at the site.
Because the site was close to the San Francisco Bay and was found to have potential wetlands, the
City engaged consultants to prepare a Jurisdictional Waters and Wetlands Report, an Environmental
Impact Report (EIR), and a Conceptual Mitigation and Monitoring Plan.
Pre-Zoning
On March 6, 2000, (CMR:161:00) the Palo Alto City Council:
• Approved a land use designation change from Public Park to a combination of Public
Conservation Land for approximately 8.96 acres and Major Institution Special Facilities for
approximately 4.62 acres (ATTACHMENT D), and
• Approved a pre-zoning of the site to Public Facilities with a Site and Design combining
district overlay, and
• Certified the Environmental Impact Report for the LATP Site Development Project.
Site Purchase and Recent City Actions
In late 2007, Palo Alto and Los Altos reached an agreement for the purchase of the site by Palo Alto
and, on January 4, 2008, Palo Alto became the sole owner of the former LATP site. Currently, staff
is working with consultants to develop a series of analyses of the site, including:
• In early 2008, the Public Works Department retained Jones & Stokes to assess the current
status of the wetlands and to update the 1996 Jurisdictional Waters and Wetlands Report.
The Army Corps recently completed its review and essentially confirmed the Jones & Stokes
delineation.
• On July 21, 2008, (CMR:313:08) Council approved a contract with Geosyntec Consultants
for the development of an environmental risk assessment and remediation plan for the site.
• On August 4, 2008, Council approved a contract with Group 4 Architecture
Research+Planning, Inc. for a feasibility study of potential uses including space needs and
siting for a new Animal Services Building and a Recycling Center on the site.
DISCUSSION
The agency with the authority to review and approve the annexation is the Santa Clara County Local
Agency Formation Commission (LAFCO) and staff is assembling an application to submit to
LAFCO. The application materials will include the City of Los Altos’s 1998 resolution in support of
CMR: 388:08 Page 3 of 3
detachment (deannexation) from Los Altos, the City’s certified EIR, and a service plan summarizing
how City services will be provided to the site. The application also requires a resolution from the
City of Palo Alto requesting detachment from Los Altos and annexation to Palo Alto.
The proposed resolution to LAFCO is included as Attachment A. Upon approval, staff will submit
the application package to LAFCO by October 8 and the hearing and approval by LAFCO is
scheduled for December 3, 2008.
POLICY IMPLICATIONS
Annexation of the land known as the “Former Los Altos Sewage Treatment Plant Site” (LATP Site)
is consistent with past Council action regarding the property.
ENVIRONMENTAL REVIEW
The Environmental Impact Report, LATP Site Development Project , which included the future
annexation of the LATP Site to Palo Alto, was certified by the Council on March 6, 2000,
(CMR:161:00). Future site development will require additional environmental assessment.
RESOURCE IMPACTS:
The LAFCO fee for processing the application for a “change of organization” is anticipated to be
between $6,000 and $8,000. Funds are available from the City’s Capital Improvements Program
(CIP) for the site.
PREPARED BY: ___________________________________
GLORIA HUMBLE
Senior Planner
DEPARTMENT HEAD REVIEW: ________________________________________
CURTIS WILLIAMS
Interim Director of Planning and Community Environment
CITY MANAGER APPROVAL: ________________________________________
JAMES KEENE
City Manager
ATTACHMENTS:
A. Resolution
B. Site Location Map
C. Map Showing Areas A, B, C, & D
D. Map Showing Land Use Designations approved by Council in 2000
CMR:387:08 Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: OCTOBER 6, 2008 CMR:387:08
REPORT TYPE: CONSENT
SUBJECT: Approval Of Additional Funds In The Amount Of $100,000 For
Blanket Order No. 4609000100 With Skylonda Equipment For Green
Material Compost Grinding Services At The City’s Composting Facility
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his designee to
increase funds for Blanket Order No. 4609000100 with Skylonda Equipment (Skylonda) for an
additional compensation amount of $100,000 for additional green material grinding services for
a total amount not to exceed $185,000 for Fiscal Year 2008/2009.
BACKGROUND
The City of Palo Alto owns and operates a composting facility on the landfill located at 2380
Embarcadero Road. The composting facility has been in operation since March 1977 and
currently processes approximately 21,000 tons of green material annually. Green material
includes grass clippings, leaves, shrubs, and tree branches that are delivered to the composting
facility by City crews, the Palo Alto Sanitation Company (PASCO), gardeners, tree contractors
and residents.
In 2007, in response to the continuing large amounts of incoming green material being received
and the City’s grinder undergoing major repairs, the City solicited bids for grinding services
under Request for Quotations (RFQ) #124988. Skylonda was awarded as the lowest of the three
bidders. A blanket purchase order (P.O.) No. 4608000337 was funded for $85,000 for services
rendered during the first year. A second blanket P.O. No. 4609000100 was issued in July 2008
for Skylonda to provide grinding services for the second year and was funded for $85,000.
DISCUSSION
The City is required by permit to process (grind) the incoming green material and move the
ground material to composting windrows within 21 days of receipt of the green material. To
meet this requirement, the City has utilized additional contractor grinding services to supplement
in-house grinding due to higher quantities of green material received at the Palo Alto
Composting Facility the last couple of years and during maintenance periods for the City-owned
grinder.
CMR:387:08 Page 2 of 2
Most of the second year’s funds in P.O. #460900010 ($85,000) have already been depleted
because the City’s grinder was down for repair for two weeks in July. As a result of a
composting fire that the facility experienced in July 2008, the Fire Department requested that the
City grind all of the green material due to the risk of smoldering material buried within the green
material pile. To expedite the processing of the green material, the City utilized additional
services from Skylonda’s grinder to help with grinding the green material.
Staff requests adding funds to the existing P.O. with Skylonda for the following reasons:
• Skylonda was the lowest bidder in response to the RFQ in 2007. Skylonda’s charge rate
is: $300.00 per hour. The next closest bidder was $410 per hour. The RFQ was expected
to select a contractor to be used for a three year period.
• Skylonda currently is performing work at the compost facility. They are familiar with the
operations and daily demands of the compost facility.
• Additional time and money would be required to go out to bid and to bring a new
contractor on board. The existing budget is nearly depleted and time is of the essence.
Staff estimates that $100,000 will be needed for the remainder of fiscal year (FY)
2008/09 for green materials grinding services.
RESOURCE IMPACT
Funding for this contract is available in the FY 2008-09 Refuse Enterprise Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) review for this grinding activity was
performed prior to the issuance of the last solid waste facility permit. A Mitigated Negative
Declaration titled, “Issuance – Revised Solid Waste Facility Permit for Palo Alto Landfill” dated
March 8, 2006 is on file with the Public Works Department.
PREPARED BY: _____________________________________
CHUCK MUIR
Environmental Specialist
DEPARTMENT HEAD: _____________________________________
GLENN ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: ______________________________________
JAMES KEENE
City Manager
CMR:379:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: OCTOBER 6, 2008 CMR:379:08 REPORT TYPE: CONSENT SUBJECT: Approval of a Wastewater Treatment Enterprise Fund Contract With JMB Construction, Inc. in The Total Amount of $878,800 for the Recycled Water Contact Chamber Retrofit Project at the Regional Water Quality Control Plant - Capital Improvement Program Project WQ-80021 RECOMMENDATION Staff recommends that Council:
1. Approve and authorize the City Manager or his designee to execute the attached
Wastewater Treatment Enterprise Fund contract with JMB Construction, Inc.
(Attachment A) in the total amount of $878,800 for the recycled water contact chamber
retrofit project at the Regional Water Quality Control Plant (RWQCP), Capital
Improvement Program Project WQ-80021; and
2. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with JMB Construction, Inc. for related, additional but unforeseen
work which may develop during the project, the total value of which shall not exceed
$87,880.
DISCUSSION
Project Description
The RWQCP water reclamation facility is designed to treat a portion of the RWQCP effluent and
produce recycled water that meets the state’s Title 22 recycled water regulations. The plant is
designed to supply recycled water to the Palo Alto Golf Course, Greer Park, the Baylands Duck
Pond, water trucks, and sites in Mountain View. Current recycled water use is about 500,000
gallons per day in the dry season; the peak flow rate rises to approximately 2.5 million gallons
per day during night time irrigation. This beneficial use of recycled water is scheduled to more
than double over the next few years. The existing chlorine contact chamber is not designed for
optimum contact time between the water and the chlorine disinfectant at the anticipated higher
flow rates. This project ensures the continued proper disinfection of the recycled water delivered
to existing and future customers in Palo Alto and Mountain View. Chlorine, in the form of
sodium hypochlorite, will be used to disinfect the filtered water and maintain chlorine residual in
the storage tanks and distribution pipelines. Existing process tanks will be covered and fitted
with baffles, the flow path will be re-routed to improve hydraulics, and the peak chlorine contact
capacity will be increased to at least 6.3 million gallons per day with adequate chlorine contact
time to meet state Title 22 recycled water regulations. Tank covers will (a) reduce the potential
for foreign debris to enter the tanks; and (b) reduce sunlight induced demand for additional
CMR:379:08 Page 2 of 3
chlorine in the tanks. Reducing chemical use will result in a more cost-effective operation. The
design of this project was performed by Water Works Engineers, Inc. (CMR:198:08)
Summary of Bid Process
Bid Name/Number Recycled Water Contact Chamber Retrofit
#128718
Proposed Length of Project 5 months
Number of Bids Mailed to Contractors 13
Number of Bids Mailed to Builder’s
Exchanges
11
Total Days to Respond to Bid 27
Pre-Bid Meeting? Yes
Number of Company Attendees at Pre-Bid
Meeting
11
Number of *Bids Received: 2
Bid Price Range From a low of $878,800 to a high of
$1,484,000
*Bid summary provided in Attachment B. Certification of Nondiscrimination is Attachment C.
City required that bidders pay prevailing wage on this project due to the regional nature of the
recycled water service area.
Staff has reviewed all bids submitted and recommends that the bid of $878,800 submitted by
JMB Construction, Inc. be accepted and that JMB Construction, Inc. be declared the lowest
responsible bidder. The bid is 16.7 percent above the engineer's estimate of $753,000. The
change order amount of $87,880 which equals 10 percent of the total contract is requested for
related, additional but unforeseen work which 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.
RESOURCE IMPACT
Funds for this project are included in the 2008-09 Wastewater Treatment Enterprise Fund
budget.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
The recommended action is exempt from review under the California Environmental Quality Act
pursuant to CEQA Guidelines Section 15301 (b), which includes maintenance of publicly-owned
wastewater facilities involving negligible expansion.
ATTACHMENTS
Attachment A: Contract
Attachment B: Bid Summary
CMR:379:08 Page 3 of 3
Attachment C: Certification of Nondiscrimination
PREPARED BY: __________________________________
JAMES S. ALLEN
Acting Manager, RWQCP
DEPARTMENT HEAD: __________________________________
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: __________________________________
JAMES KEENE
City Manager
CMR: 376:08 Page 1 of 4
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: OCTOBER 6, 2008 CMR: 376:08
SUBJECT: Adoption of the Resolution approving the Palo Alto Baylands Master Plan 2008
and Adoption of a Negative Declaration
RECOMMENDATION
Staff, the Planning and Transportation Commission and Parks and Recreation Commission
recommend that the City Council adopt the Negative Declaration and adopt the attached
resolution approving the Palo Alto Baylands Master Plan 2008 including errata.
BACKGROUND
In 1978, the City Council adopted the original Baylands Master Plan and EIR. In 1979, the City
published a Baylands Master Plan Summary Report to synthesize the final Council-adopted policy
recommendations and the original Plan. In 1988, the City published an Amended Baylands Master
Plan Summary Report to describe policy implementation and City Council actions between 1979 and
1988. In 2007, as directed by the City Council, staff undertook the task of producing an updated
fourth edition of the Baylands Master Plan.
Planning staff worked with staff from Community Services, Public Works, Administrative Services,
and Utilities to produce the updated Palo Alto Baylands Master Plan 2008. The key changes to the
document include:
1. Policies modified to reflect implementation since 1988:
• The completion of Phase I of the landfill closure and park conversion (see Landfill
Area Policy # 5 on Errata Sheets Page 1 of Attachment B; narrative text and images
on pages 67-68, Maps 2.1-2.4 on pages 78-80; and Appendix text on page 257)
• The marsh restoration project on the Former ITT Property (see Former ITT Property
policy narrative text on Errata Sheets Page 2 of Attachment B; narrative text and
images on pages 88-90; Maps 3.2 and 3.3 on pages 92 and 93)
• The completion of the marsh restoration project at Harbor Point (see Harbor Area
Policy # 6; narrative text and images on pages 102-104; recognition documents on
pages 106-107, and Maps 4.2 and 4.3 on pages 110-111)
CMR: 376:08 Page 2 of 4
• The installation of new reduced-glare lighting at the Athletic Field (see Athletic
Center Policy #2 on page 153; narrative text and images on pages 148-149; and Map
7.1 on page151)
2. Council actions since 1988 affecting the Baylands:
• The adoption of a revised Byxbee Park Master Plan (see Landfill Area Policy # 5 on
Errata Sheets - Page 1 of Attachment B; narrative text on page 67; Maps 2.1 and 2.2
on pages 77-78; and Appendix text on pages 256-257)
• The SMaRT Station agreement (see Landfill Area Policy # 2 on page 84 and
narrative text on pages 65-66)
• The adoption of the Golf Course Master Improvement Plan (see Golf Course Policy
# 2; narrative text and images on pages 156-158; and Map 8.1 on page 159)
• The adoption of the Water Reclamation Policy (see RWQCP Policy #2 on page 187;
narrative text on pages 178-180; and Map 10.1 on page183)
• The land use designation change for the LATP site (see LATP Site Policy text on
page 207; narrative text on pages 202-203; and Map 12.2 on page 205)
• The addition of the Sea Scout Building to the City’s Historic Resources Inventory
(see Harbor Area Policy No. 2 on Errata Sheets - Page 3 of Attachment B; narrative
text on page 101; images on pages 98 and 108; and Maps 4.2 and 4.3 on pages 110-
111)
• The identification of barriers to and needed improvements for bicycle and pedestrian
access to the Baylands across Highway 101 (see Access and Circulation Policy #25
on page 238; narrative text and images on pages 228-229; Map 14.6 on page 235;
and narrative text on page 44)
• The approval of funding to repair and improve existing landscaping at the Regional
Water Quality Control Plant (see RWQCP Policy #1 on page 187; narrative text on
page 177; images on pages 37 and 178)
• Various trail and facility improvements (see Access and Circulation Policies 18-28
on pages 237-239; narrative text and images on pages 223-229; and Maps 14.2, 14.4,
and 14.6 on pages 231, 233, and 235 respectively)
3. Policies resulting from State law, such as the County’s regulations on land use and
development surrounding the Palo Alto Airport (see Overall Environmental Quality Policy
#13; narrative text on pages 50-51; and Maps 1.7, 1.8 & 1.9 on pages 58-60)
4. Deleted policies that are no longer relevant:
• Policies regarding repair of the PG&E board walk now closed to the public (see
Access and Circulation Policy #18 (last bullet) on page 238)
• Policies regarding hunting in the Baylands (see Access and Circulation Policy #31
(second bullet) on page 239)
5. Updated policies that contained out of date information:
• Policies regarding airport activity (see Airport Policy #1 on page 173 and narrative
text on page 165)
• Policies regarding the amount of refuse received at the landfill and the anticipated
closure date for the landfill (see Landfill Area Policy #2 on page 84 and narrative
text on pages 65-66 and Map 2.5 on page 81)
CMR: 376:08 Page 3 of 4
COMMISSION REVIEWS AND RECOMMENDATIONS
Planning and Transportation Commission Discussion:
On August 13, 2008, the Planning and Transportation Commission (PTC) reviewed the Draft Palo
Alto Baylands Master Plan 2008 and recommended (5-1-1-0) that the City Council adopt the Draft
Palo Alto Baylands Master Plan 2008 and approve the Negative Declaration. The PTC was
supportive of the Master Plan compilation and found it to be complete and accurate. It also
recommended clarifications to the Master Plan text reflected in Attachment B (Errata sheets) that:
• Modify “Harbor Area” Policy to address maintaining the Harbor Master’s Cottage and the
Sea Scout buildings.
• Add text regarding the conversion of salt water marsh to brackish marsh near the Unnamed Slough.
• Add text regarding the apparent decline in the burrowing owl population.
• Add text regarding the relationship between the Baylands Master Plan and the Baylands
Comprehensive Conservation Plan.
• Add text regarding the addition of tidal flooding to the goals of the San Francisquito Creek
Joint Powers Authority/Army Corps of Engineer’s study of flood control options.
• Add a map illustrating City Owned Baylands that are parkland, conservation land, or provide habitat,
based on a map submitted by a member of the public and add a list of maps to the Table of Contents.
• Add a list of reference documents.
Parks and Recreation Commission Discussion:
On August 19, 2008, the Parks and Recreation Commission (PRC) began its review of the Master
Plan and, on August 26, 2008, it unanimously recommended that the City Council adopt the Palo
Alto Baylands Master Plan 2008. The Parks and Recreation Commission was supportive overall of
the Master Plan compilation and found it to be complete and accurate. In addition to minor edits, the
PRC also recommended the following clarifications to the Master Plan text as reflected in the
attached Errata sheets (Attachment B):
• Add a sentence indicating that the plan’s vision of passive recreation is not yet fully realized.
• Add a sentence indicating the criteria used for prioritizing projects identified in the Palo Alto
Bicycle Transportation Plan.
Subsequent to each Commissions’ review, staff made further clarifications to the document in
response to comments from the public and the Commissions. The clarifications are reflected in the
Errata sheets (see Attachment B).
POLICY IMPLICATIONS
No new policy concepts are proposed in this update. The Baylands Master Plan is consistent with
the City’s Comprehensive Plan. The 1998 Comprehensive Plan recognizes the Baylands Master
Plan as the “adopted planning policy document for the area east of Highway 101.” The
Comprehensive Plan reaffirms the City policy of protecting the Baylands, and includes many goals,
policies, and programs throughout the Comprehensive Plan that are consistent with and support the
policies of the Baylands Master Plan. A comparison of Comprehensive Plan policies and Baylands
Master Plan policies can be found in the appendix of the Baylands Master Plan.
CMR: 376:08 Page 4 of 4
ENVIRONMENTAL REVIEW
A draft Negative Declaration (Attachment C) was prepared and circulated. The public comment
period began on July 23, 2008 and ended on August 12, 2008. There were no comments from the
public or Commissions on the Negative Declaration. The Negative Declaration finds that there will
be no significant environmental impacts resulting from the Baylands Master Plan 2008.
RESOURCE IMPACTS:
The approval of the Palo Alto Baylands Master Plan 2008 would not result in any cost and/or
revenue impacts to the City.
PREPARED BY: ___________________________________
GLORIA HUMBLE
Senior Planner
DEPARTMENT HEAD REVIEW: ________________________________________
CURTIS WILLIAMS
Interim Director of Planning and Community Environment
CITY MANAGER APPROVAL: ________________________________________
JAMES KEENE
City Manager
ATTACHMENTS:
A. Resolution
B. Errata sheets
C. Planning and Transportation Commission Staff Report dated August 13, 2008
D. Planning and Transportation Commission minutes for meeting on August 13, 2008
E. Parks and Recreation Commission minutes for meeting on August 19, 2008
F. Parks and Recreation Commission minutes for meeting on August 26, 2008
G. Negative Declaration
H. Draft Baylands Master Plan 2008 (previously delivered)