HomeMy WebLinkAboutStaff Report 400-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: OCTOBER 5, 2009 CMR:400:09
REPORT TYPE: REPORTS OF OFFICIALS
SUBJECT: Status Report on California Avenue Street Improvements and
Recommendations for Community Engagement Regarding Removal of
City Owned Street Trees and Approval of Recommended Action Plan
for Community Engagement and Board and Commission Review of
Tree Replacement and Other California Avenue Street Improvements
Including Addition of New Street Furniture, and Street Repaving and
Restriping
EXECUTIVE SUMMARY
On September 14th, 63 trees were removed on California Avenue between EI Camino Real and
the Cal train Station in aeeordance with a streetscape improvement plan in the City's Capital
Improvement Program (PE-07005). Although there was an overall design plan in place that had
been developed over a number of years with input from numerous stakeholders, implementation
of the street tree replacement element of the project began without proper public engagement to
ensure community awareness and support for the project. Some stakeholder approvals ended
after the original grant application. At the same time, elements of the design have been called
into question including the lane re-configuration of California Avenue.
This report includes the recommended next steps to engage the public in the selection of
replacement trees and formal review from the Architectural Review Board and the Planning and
Transportation Commission of the tree replacement plan and other California A venue
Improvement project elements. An environmental document analyzing the lane re-configuration
will be circulated October 6, 2009 for public review. This report also provides steps staff is
taking to ensure City-owned tree removals do not take place in the future without full public
involvement and proper City approvals. Lastly, this report includes steps to implement the
Council priority of "Civic Engagement for the Common Good" on all City Capital Improvement
Projects (CIPs) and ensure all Departments and the Executive Leadership Team (ELT) are
working together on common goals related to City Capital Improvement plans.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the recommended action plan for community engagement for replacement of
street trees on California Avenue;
CMR:400:09 Page 10f6
21
2. Approve the review process for deciding on other California Avenue Street
Improvements which may potentially include new street furniture, street repaving and
restriping to eliminate one travel lane in each direction.; and
3. Approve the recommended actions to ensure that in the future City-owned trees do
not take place without full public involvement and proper City approvals.
BACKGROUND
In 2005, the California Avenue Area Development Association (CAADA) appealed to the City
for streetscape improvements similar to the ones performed on University A venue. The
requested improvements included street tree and street light replacement, traffic lane reduction,
addition of bicycle lanes and pedestrian crosswalks, new street furniture, new newspaper racks
and fountain repair. The existing street trees were reaching the end of their life span, some were
conflicting with street lights and store fronts, and some had already been removed because of
disease.
In 2006, CAADA worked with the City on developing a general master plan with a request for
funding. Staff developed a conceptual plan for the improvements and applied for grant funding
from the Metropolitan Transportation Commission. The California Avenue streetscape plan
called for a complete and more uniform tree canopy, street improvements and other amenities.
Street improvement projects in cities use simultaneous tree removal and replacement or staged
replacement and the approach can vary based on different conditions and factors.
When the grant application was unsuccessful, the City sought to address portions of the project
through the City's Capital Improvement Program (CIP), and continued to work with CAADA on
the certain elements of the plan including street tree replacement, street lights, street furniture,
fountain replacement and new trash/recycling containers and new paper racks. In 2007, Public
Works staff surveyed approximately 93 trees along California Avenue and identified trees which
were candidates for removal based on the following weighting criteria: health, structure,
placement and aesthetics. None of the identified trees were heritage or protected trees. In
January 2009, City staff met with CAADA and due to the high cost of replacing the street light
system, the CAADA board voted to eliminate streetlight work from the project and use this
money to replace street trees. At this meeting the CAADA Board also recommended replacing
all the street trees at once. In March 2009, Council adopted a FY 2009 midyear adjustment to
exclude street lights and reprogram funding for street tree replacements as part of a group of
midyear adjustments to both the City's Operating and Capital Budgets. On August 26th the
contract for the street tree replacement portion of the plan was awarded at the staff level since it
was below the $250,000 threshold requiring Council approval. On September 3rd, email
notification of the upcoming work was sent to CAADA, which they distributed to their members
and Palo Alto Neighborhood associations. On September 9th, staff distributed notices of work
start-up to all addresses on California Avenue and tree removal work began on September 14th.
Although the Public Works staffreceived staff-level Architectural Review, tentative approval on
September 14th, described the subsequent 14-day request for hearing period was required prior to
the start of work, staff proceeded with tree removal immediately. This is NOT standard
procedure for City construction projects. If the request for hearing period had been observed,
there would have been opportunity for the public to request a public hearing before the
Architectural Review Board (ARB) prior to project implementation, allowing for further
CMR:400:09 Page 2 of6
opportunity for public input and design modifications. The ARB agenda for September 24 noted
the tentative approval and staff called the attention of the ARB to this, so that the ARB requested
the public hearing. Staff also received a request for ARB hearing from a citizen after the ARB
had requested scheduling of the item for full review at their October 15,2009 meeting.
On Friday, September 25th, staff issued a press release apologizing to the broader community for
the unfortunate tree removals on California Avenue and informing the public of next steps in the
tree replanting effort (Attachment A). Staff was present at the California Avenue Farmer's
Market on Sunday, September 2ih to provide the community an opportunity to ask questions
about the tree removals, planned replanting efforts, and the other proposed street improvements.
A fact sheet was provided at the farmer's market detailing what happened, what the next steps
will be to involve the Community in street tree replacement and information on the project
background (Attachment B). Comment cards and a contact sign-up sheet were also available at
the Farmer's Market and Staff will prepare a summary of comments received for use in
preparing for the public meeting October 8th • The community has already begun the dialogue
regarding possible solutions. One important action taken by resident Fred Balin was engaging
Barrie Coates, Arborist who conducted an informational session also at the Farmers Market.
ANALYSIS
California Avenue Streets cape Project
There were certain steps that typically occur during the project development and implementation
stages that did not occur with this project. Staff understands the current concerns of the
community and business owners on this issue, recognizes the presence of many community
"grass-roots" groups that are interested in City trees, therefore, Staff clearly acknowledges that
extraordinary efforts to engage interested individuals and groups will be required to reach
resolution on this issue. To this end, Staff proposes the following actions to address those
concerns. Note that some of these dates may vary depending on the extent of the community
input:
III Other than emergency repair work, staff has halted work on the California Avenue
Street Improvement project until further public outreach on the street tree
replacement plan can occur including City Council approval.
• Canopy, a Palo Alto-based urban forestry nonprofit organization, and Barry Coate, a
well respected arborist in the area, are meeting with the City's Managing Arborist and
other staff members on replacement tree choices including tree species and size.
Recommendations on what type and size of trees to replant will be brought back to
the City Council for consideration in November.
• October 8, City staff will hold a public meeting at the Escondido School Auditorium
(890 Escondido Road) at 6:30 pm to discuss the proposed project and gather public
comment on replacement tree selection. Staff will reach out to all interested residents
and "grass-roots" organizations to ensure full public participation in this meeting. If
necessary, follow up meetings with groups andJor individuals will be held.
.. October 15, staff will present the project to the Architectural Review Board (ARB) to
gather input on street tree replacement and other design elements including street
CMR:400:09 Page 3
furniture and street repavinglrestriping. The public will be given wide notification
and invited to provide input to the Board prior to its decision.
• October 28, staff will present the project to the Planning & Transportation
Commission (PTC) to review the street tree replacement plan and other project
elements, particularly the proposed traffic lane reduction that would be done after
street repaving.
• In November Staff will return to the City Council with a summary of the public
comment received at the October 8 public meeting along with recommendations from
the ARB and PTC. Staff will do extensive outreach to the community well in
advance of this Council meeting to ensure Council's priority of Civic Engagement for
the Common Good is met on this issue. The community conversation is well
underway and it is staff's intention to open its process to support the community's
efforts.
• The City has created a webpage (http://www.cityofpaloalto.orglcalave) to keep the
public informed on the project. There is also the ability for the public to subscribe to
receive regular project updates. Any date changes will be posted to this website.
In working with Canopy, staff has discussed the possibility of having Canopy be directly
involved in the street tree replanting efforts. Canopy proposed this approach and has tentatively
scheduled a volunteer day to do the replanting on November 21 st, Staff will need to work with
its contractor, Suarez and Munoz to implement contract changes to provide suitable street tree
planting locations including concrete sidewalk reconstruction and installation of tree grates prior
to this occurring. Also, the above public process will need to be complete and Council approval
received in order to meet the replanting date of November 21st, According to the City's
Managing Arborist and Canopy this process could be extended into December and replanting
could occur in January 2010 without affecting the successful growth of the new street trees. At
the Sunday market, after Barrie Coates' talk, there was some conversation about the ability to
meet the timeline.
Review Process Changes For Removal Of City Trees
Staff is also taking steps to ensure City tree removals do not take place in the future without full
public involvement and proper City approvals. Also included are steps to more fully involve the
public on all City Capital projects and to fully develop the City's Urban Forest Mater Plan.
These steps include:
It Development of a written City-owned tree removal policy that will outline all
necessary steps to be taken by staff prior to removal of any City-owned tree. This
policy is being developed with input from Canopy and will include:
o Community meetings;
o Broad community notifications; and
o Appropriate Board and Commission approvals.
It Development of a checklist to be used by staff to review all City tree removals. The
checklist will include location, size and type of trees proposed for removal, and
CMR:400:09 Page 4 of 6
reasons why they are recommended for removal. The checklist will be approved by
the City Manager prior to removal of any City trees. Staff will prepare a draft for
distribution to the Council and public at the October 5, 2009 Council meeting .
., Increased staff training on the steps to be taken prior to City owned tree removal and
importance of trees in Palo Alto.
III All City Capital Improvement Projects (CIPs) will be subject to a full Architectural
Review Board (ARB) hearing unless they do not involve the removal of mature City
trees or meet the criteria for a minor projects as defined in Municipal Code Section
18.76.020 "Architectural Review" (Attachment C).
III All CIP projects involving Board and Commission reviews will be the subject of at
least two public meetings during the preliminary design phase prior to the projects
going out to bid for construction. The meetings at a minimum will consist of one
meeting with local homeowners/resident association and their board of directors and
one meeting with the general public at large. Both meetings will be held at a location
as close to the project site as possible.
.. To ensure the long range health of the City'S urban forest staff will redouble its
efforts to develop a comprehensive Urban Forest Master Plan including assigning
staff to lead this effort, pursuing the grant opportunities the City has been awarded by
CalF ire and working with Canopy and other master plan stakeholders.
City Department Coordination Efforts
The City Manager is taking additional steps to ensure all Departments work more closely
together on common City CIPs. In addition to the added steps described above involving
Boards, Commissions and Public involvement the City Manager has established clear
expectations that Department leadership will inform the Executive Leadership Team of
upcoming significant projects and programs. Departments will be held accountable for these
expectations. This will be done to facilitate full Civic Engagement in the City's CIP program
and correct the implementation process which led to the unfortlmate tree removals on California
Avenue.
In addition, the City Manager's office will convene a regular multi-Departmental meeting where
City CIPs and other operational initiatives are discussed and coordinated. Any proposed City
tree removals and any pending City tree removal checklists will be a topic of discussion at these
meetings.
The enhanced coordination is intended to improve communications both internally and with
residents. Improved coordination between stakeholder departments on the numerous initiatives
and proposals circulating in the community will facilitate a better dialogue with the community
as a whole. Internal coordination will promote the development of a clear message which will
facilitate identification of stakeholders and encourage effective civic engagement as early as
possible.
CMR:400:09 Page 5
POLICY IMPLICATIONS
Upon City Manager approval the City-owned tree removal policy will be incorporated into the
City's Policies & Procedures Manual.
ENVIRONMENTAL REVIEW
This status report does not constitute a project and is exempt from California Environmental
Quality Act (CEQA) requirements. City staff is preparing an Initial Study and Mitigated
Negative Declaration that will discuss the current scope of the project including input on tree
selection received during the extended outreach.
ATTACHMENTS
Attachment A:
Attachment B:
September 25 Press Release
September 27 Fact Sheet
Attachment C: City Municipal Code Section 18.76.020 "Architectural Review"
PREPARED BY:
MIC
DEPARTMENT HEAD: ~ -GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
CMR:400:09 Page 6
Press Release Page 1 of2
ATTACHMENT A
I Press
Release
The City of Palo Alto
Public Information Office
250 Hamilton Ave
Palo Alto, CA 94301
09/25/2009
FOR IMMEDIATE RELEASE PRESS RELEASE #09/25/2009
Subject : City Temporarily Halts Work on California Avenue Streetscapei Public Meeting on
Project Scheduled October 8
Contact : Mike Sartor, Public Works Department 650-329-2270
Palo Alto, CA -With the exception of emergency maintenance, all work has stopped on the California Avenue
Streetscape Improvement Project, pending a public meeting on October 8 to solicit input on tree selection and
the formal Architectural Review Board hearing scheduled for October 15,
On September 14, 63 trees were removed on California Ave. between EI camino Real and the Caltrain Station
in accordance with a streetscape improvement plan in the City's Capital Improvement Program. Although there
was an overall design plan in place that had been developed over a number of years with input from numerous
stakeholders, implementation of the street tree replacement element of the project began without proper public
engagement to ensure community awareness and support for the project.
"We sincerely apologize for the mistakes made during the process that led to the unfortunate result/' said
Glenn Roberts, Director of Public Works. "There were certain steps that typically occur during the project
development and implementation stages that unfortunately did not occur with this project."
In response to the concerns of the community and business owners on the project, the City is taking the
following actions to address those concerns:
• Staff has halted work on this project until further outreach on a number of project elements can occur;
however, new trees are expected to be planted in November pending Council approval .
• canopy, a Palo Alto-based urban forestry nonprofit organization, is meeting with staff members on
replacement tree choices and the project scope.
" October 5, City staff will return to City Council and respond to Council's request for action on a number
of items including street tree selection, protocols and process changes to ensure this cannot happen
again, and other matters.
" October 8, City staff will hold a public meeting on October 8 at the Escondido School Auditorium (890
Escondido Road) at 6:30 p.m., to discuss the proposed project and gather public comment on
replacement tree selection and other project elements.
e October 15, staff will go to the Architectural Review Board (ARB) to gather input on further
implementation of the design plan.
e October 28, staff will return go to the Planning & Transportation Commission (PTC) to gather input on
further implementation of the design plan.
e In November, Staff will return to the City Council with a summary of the public comment received
along with recommendations from the ARB and PTe.
e The City has created a webpage (http://www.cit:yofpaloalto.org/calave) to keep the public informed on
the project. There is also the ability for the public to subscribe to receive regular project updates.
The existing street trees were reaching the end of their life span, some were conflicting with street lights and
store fronts, and some had previously been removed because of disease. The California Avenue Streetscape
plan called for a complete and more uniform tree canopy, street improvements and other amenities. Street
htip:llwww.cityofpaloalto.org/civicalpress/display.asp?layout=l&Entry=482 9/30/2009
ATTACHMENTB
CI'fY OF P AJLO AJL TO
P1DJIllLlIC WORKS DEP ARTMEN'f
CALJIFORNIA A VENUlE §'fRIElE'fSCAPlE IrMPROVEMlEN'fS lUP])A TIE
9/27/09
On September 14th, 63 trees were removed on California Ave. between EI Camino Real and the
Caltrain Station in accordance with a streetscape improvement plan in the City's Capital
Improvement Program. Although there was an overall design plan in place that had been
developed over a number of years with input from numerous stalceholders, implementation of the
street tree replacement element of the project began without proper public engagement to ensure
community awareness and support for the project.
The City sincerely apologizes for the mistalces made during the process and the unforhmate end
result. There were certain steps that typically occur during the project development and
implementation stages that did not occur with this project. We understand the cUrrent concerns
of the community and business owners on this issue and are taking the following actions to
address those concerns:
Staff has halted work on this project until further outreach on a number of project
elements can occur, however, new trees are expected to be planted in November
pending Council approval.
Canopy, a Palo Alto-based urban forestry nonprofit organization, is meeting with
staff members on replacement tree choices and the project scope.
October 5, City staff will return to Council and respond to Council's request for
action on a number of items including street tree selection protocols and process
changes to ensure this cannot happen again and oth~r matters.
October 8, City staff will hold a public meeting at the Escondido School
Auditorium (890 Escondido Road) at 6:30 pm to discuss the proposed project and
gather public comment on replacement tree ·selection and other project elements.
October 15, staffwill go to the Architectural Review Board (ARB) to gather
input on further implementation of the design plan.
October 28, staff will return go to the Planning & Transportation Commission
(PTC) to gather input on further implementation of the design plan.
In November, Staff will return to the City Council with a summary of the public
comment received along with recommendations from the ARB and PTC.
The City has created a webpage (http://www.cityofJ:mloalto.orgicalave) to keep
the public informed on the project. There is also the ability for the public to
subscribe to receive regular project updates.
The existing street trees were reaching the end of their life span, some were conflicting with
street lights and store frorits, and some were already removed because of dIsease. The·California·
Avenue streetscape plan called for a complete and more uniform tree canopy, street
improvements and other amenities. Street improvement projects in cities use simultaneous tree
removal and replacement or staged replacement and the approach can vary based on different
conditions and factors.
ATTACHMENT C Review
to secure the purposes of this title, to assure of the use in a manner compatible
with existing and potential uses on adjoining properties and in the general vicinity.
Application Review and
Applications for conditional use permits shall be reviewed and acted upon as set forth in
Section 18.77.060 (Standard Staff Review Process).
(Ord. 4826 § 117 (Exh. 2 (part», 2004)
18.76.020 Architectural
(a)
The purpose of architectural review is to:
(1) Promote orderly and harmonious development in the city;
(2) Enhance the desirability of residence or investment in the city;
(3) Encourage the attainment of the most desirable use ofland and improvements;
(4) Enhance the desirability of living conditions upon the immediate site or in adjacent
areas; and
(5) Promote visual environments which are of high aesthetic quality and variety and
which, at the same time, are considerate of each other.
(b) Applicability
No permit required under Title Title 12 or Title 16 shall be issued for a major or minor
project, as set forth in this section, unless an application for architectural review is reviewed,
acted upon, and approved or approved with conditions as set forth in Section 18.77.070.
(1) Exempt Projects. Single-family and two-family residences do not require
architectural review, except as provided under subsections (2)(C) and (2)(D).
~~~i~pe following are "major projects" for the purposes of the
architectural review process set forth in Section 18.77.070, and are subject to review
by the architectural review board:
(A) New construction, including private and public projects, that:
(i) Includes a new building or building addition of five thousand square feet or
more; or
(ii) Is not exempt under the California Environmental Quality Act (CEQA) (Section
21000 et seq. of the California Public Resources Code); or
(iii) Requires one or more variances or use permits and, in the judgment of the
director, will have a significant effect upon the aesthetic character of the city or
the surrounding area;
(B) Any multiple-family residential construction project that contains three or more
units;
(Supp. No. 13 -101112007) Ch. 18.76 -Page 2
,18.76.050 Design Enhancement Exception (DEE)
(C) Construction of three or more adjacent single-family homes or duplexes;
(D) In the Neighborhood Preservation Combining District (NP), properties on which
PAlO or more residential units are developed or modified, except when one of those
units is a "second dwelling unit," as described in Section 18.1 0.140( d);
(E) Any project using trarsferred development rights, as described in Chapter 18.87;
(F) A master sign program, pursuant to Chapter 16.20;
(G) Signs that do not meet all applicable design guidelines adopted by the city council
or do not confonn to a previously approved master sign program;
(H) Signs requiring a sign exception pursuant to Chapter 16.20;
(I) Any minor project, as defined in subsection (3), that the director detennines will
significantly alter the character or appearance of a building or site.
t."'1:I!.~~"'" The following are "minor projects"for the purposes of the
tevfew process set fGlih in Section 18.77.070, except when determined
to be major pursuant to subsection (2)(1):
(A) New construction, including private and public projects, that involveS! new
building or building addition of fewer than 5,000 square feet, and which is exempt
under the California Environmental Quality Act (CEQA) (division 13 of the Public
Resources Code, commencing with section 21000);
(B) Signs that meet all applicable guiielines and confonn to any previously approved
master sign program;
(C) Landscape plans, fences, exterior remodeling, and design of parking areas, when
not pari of a major project;
(D) Any project relating to the installation of cabinets containing commurriations
service equipment or facilities, pursuant to any service subj ect to Chapter 2.11,
Chapter 12.04, Chapter 12.08, Chapter 12.09, Chapter 12.10, or Chapter 12.13.
(E) Minor changes to the following:
(i) Plans that have previously received architectud. review approval;
(ii) Previously approved planned community district development plans;
(iii) Plans that have previously received site and design approval;
(iv) Previously approved plans for projects requiring council approval pursuant to a
contractual agreement, resolution, motion, action or uncodified ordinance;
(v) Existing structures requiring council site and design approval or approval
pursuant to a contractual agreement, resolution, motion, action, or uncodified
ordinance.
As used in this subsecti::m, the tenn ''minor'' means a change that is oflittle visual
significance, does not materially alter the appearance of previously approved
improvements, is not proposed for the use of the land in question, and does not
alter the character of the structure involved. If the cumulative effect of multiple
minor changes would result in a major change, a new application for Architectural
Ch. 18.76 -Page 3 (Supp. No. 13 -1011/2007)
(c)
(d)
Review approval
Community
Any changes to previously approved plans
minor project as P31t of the conditions of a
Review
approval, Planned
approval is required.
architectural as a
F or the purpose of securing the advice of the architectural review board prior to making an
application for the boards recommendation on a project, an applicant, upon paying a
preliminary application fee, as set forth in the municipal fee schedule, may bring a design
before the board for preliminary review. If the applicant wishes to proceed with the project,
he or she must then file an application and pay a regular application fee. The comments of the
architectural review board members during a preliminary review shall not be binding on their
fonnal recommendation.
Neither the director, nor the city council on appeal, shall grant architectural review approval,
unless it is found that:
(1) The design is consistent and compatible with applicable elements of the Palo Alto
Comprehensive Plan;
(2) The design is compatilie with the immediate environment of the site;
(3) The design is appropriate to the function ofthe project;
(4) In areas considered by the board as having a unified design character or historical
character, the design is compatible with such character;
(5) The design promotes hannonious transitions in scale and character in areas between
different designated land uses;
(6) The design is compatible with approved improvements both on and off the site;
(7) The plarming and siting of the various functions ancbuildings on the site create an
internal sense of order and provide a desirable environment for occupants, visitors
and the general community;
(8) The amount and arrangement of open space are appropriate to the design and the
function of the structures;
(9) Sufficient ancillary functions are provided to support the main functions of the
project and the same are compatible with the projects design concept;
(10) Access to the property and circulation thereon are safe and convenient for
pedestrians, cyclists and vehicles;
(11) Natural features are appropriately preserved and integrated with the project;
(1 The materials, textures, colors and details of construction and plant material are
appropriate expression to the design and function and whether the same are
compatible with the adjacent and neighboring structures, landscape elements and
functions;
(Supp. No. 13 1011/2007) Ch. 18.76 -Page 4