HomeMy WebLinkAboutStaff Report 351-09TO: 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.
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(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
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