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Home My WebLink About2009-08-14 City Council Agenda Packet 1 08/14/09 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 August 14, 2009 5:00 PM ROLL CALL 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. CONSENT CALENDAR Items will be voted on in one motion unless removed from the calendar by two Council Members. 1. 2nd Reading Adoption of a Park Improvement Ordinance Approving and Adopting a Plan for Improvements to Lytton Plaza (CIP PE-08004) (First reading August 3, 2009 – Passed 7-0 Barton, Kishimoto absent) CMR 351:09 and ATTACHMENT CITIZENS LETTERS 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 three minutes per speaker. COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES Members of the public may not speak to the item(s). ADJOURNMENT 00/00/00 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. 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. TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: AUGUST 14,2009 CMR: 351:09 SUBJECT: 2ND READING ADOPTION OF A PARK IMPROVEMENT ORDINANCE APPROVING AND ADOPTING A PLAN FOR IMPROVEMENTS TO LYTTON PLAZA (CIP PE-08004) RECOMMENDA TION Staff recommends that Council approve and adopt the attached Park Improvement Ordinance for improvements to the Lytton Plaza, 202 University Avenue at Emerson Street (Attachment A) (Second Reading). BACKGROUND On August 3, 2009, Council approved the first reading of an ordinance for the improvement of Lytton Plaza through a public/private partnership between the Friends of Lytton Plaza, LLC and the City of Palo Alto (CMR:306:09). The renovation of this public downtown park will include: • demolition of the existing plaza and sidewalk surfaces • demolition of existing stone wing walls along University Avenue and Emerson Street • removal of existing trees • removal of existing lighting • re-pavement of the plaza and adjoining sidewalks • repositioning of the art piece Digital DNA • installation of new lights, tables and benches • installation a new fountain 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 a plan showing the improvements. Such plans, schedule and budget, together with a partnership agreement with the Friends were approved by Council on August 3, 2009. Although staff has been aware that the Friends were prepared to start the project in early August, and the construction schedule that was provided to Council as part of CMR:306:09 (attachment B) indicated a August lOth construction start date, staff neglected to factor the required 3 I-day enactment period into the construction schedule. In addition, that 31 day enactment period is not CMR351:09 Page 1 of2 triggered until the second reading of the ordinance. A second reading of an ordinance must take place at least ten days after the first reading. Given the impact that this oversight will have on the project's schedule, this special meeting has been scheduled to allow for Council adoption of the second reading. Without this action, construction would be delayed until October 15, which would make completion of the project by the holiday shopping season impossible. The Friends of Lytton Plaza, LLC, together with downtown merchants and business owners, hope that the renovation project can commence as soon as possible after the enactment period in order that the construction will be substantially complete by Thanksgiving and the holiday shopping season. The Park Improvement Ordinance will become effective thirty days after the first and second reading. The Friends of Lytton Plaza, and their contractor, Devcon Construction, Inc., will be prepared to commence construction promptly when the ordinance takes effect (Tuesday, September 15, 2009). The contractor is confident that they can complete the project as originally scheduled on Wednesday, November 25, 2009, if they are able to perform work on some Saturdays. Palo Alto Municipal Code 2.04.010 provides the authority for holding a special meeting during the Council's vacation period, stating in part: "The mayor or a majority of the council may call a special meeting during the scheduled vacation if necessary." Such action is deemed necessary in order to keep the renovation project on schedule and to avoid conflicts between construction and business during the holiday shopping period. ATTACHMENTS Attachment A: PREPARED BY: Park Improvement Ordinance • GREG BETTS Interim Dir€ctor Community Services CITY MANAGER APPROV AL:--------;r4---1f---~__:L==_F..-=:-______J1"'---- CMR351:09 Page 2 of2 Attachment A ORDINANCE NO. __ ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR IMPROVEMENTS TO LYTTON PLAZA The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings. The City Council finds and declares that: (a) Article VIII of the Charter of the City of Palo Alto and Section 22.08.005 of the Palo Alto Municipal Code require that, before any substantial building, construction, reconstruction or development is commenced or approved, upon or with respect to any land held by the City for park purposes, the Council shall first cause to be prepared and by ordinance approve and adopt a plan therefor. (b) Lytton Plaza is dedicated to park, playground, recreation or conservation purposes. (c) The City intends to authorize the construction of certain plaza improvements within Lytton Plaza, as shown on the Lytton Plaza Plan (the "Plan"), attached as Exhibit "A": (1) Removal of existing concrete, stone walls, benches, paving materials, and lighting systems, and prepare the site for the construction and installation of new surface materials, benches, water fountain, landscaping and lighting. (2) Clearing of vegetation and trimming of existing shrubs and trees in accordance with City policies, as necessary. (3) Adjustment and restoration of existing planting and irrigation to accommodate the proposed improvement. (4) Construction and installation of sidewalks and retaining structures in accordance with the Plan. (5) Installation of site amenities, including, without limitation, benches, tables and planters, in accordance with the Plan. I (d) The improvements at Lytton Plaza will be limited to the approximately 8,500 square feet of land that is bounded by the street curbing fronting on University Avenue and Emerson Street, the City Parking Lot P, and the private property located at 220 University Avenue, all of which constitutes the entirety of the Plaza. (e) The project improvements will avoid protected trees and other sensitive resources, if any. In addition, existing park uses will be restored following the completion of project construction. 1 090728 jb 0073114 (f) The project described above and as more specifically described in the Plan, attached hereto as Exhibit "A," is consistent with park and conservation purposes. (g) The Council desires to approve the project described above and as more specifically described in the Plan, attached hereto as Exhibit lIA." SECTION 2. The Council hereby approves the Plan for the construction of the improvements at Lytton Plaza, and it hereby adopts the Plan, attached hereto as Exhibit !lA." as part of the official plan for the construction of the park improvements at Lytton Plaza. SECTION 3. The Council finds that the project to construct the facilities at Lytton Plaza is subject to review under the California Environmental Quality Act. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Senior Asst. City Attorney Manager Director of Community Services lir'''l''t("\r of Administrative Services 2 090128 Jb 007J 114