HomeMy WebLinkAboutStaff Report 433-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: NOVEMBER 16, 2009 CMR:433:09
REPORT TYPE: REPORTS OF OFFICIALS
SUBJECT: Approval of a Mitigated Negative Declaration for the California Avenue
Streets cape Improvements, Phase I; Approval of a Street Tree
Replanting Plan on California Avenue from EI Camino Real to the
Caltrain Station as Part of the California Avenue Improvements Capital
Improvement Program Project PE-07005; Approval of a Change Order
in Amount of $96,200 with Suarez & Munoz Construction, Inc. and
Deferral of the California Avenue Street Improvements Phase II
Including Tree Replanting at the Fountain Plaza Area Located Near the
Park Boulevard/California Avenue Intersection, Addition of New Street
Furniture, and Street Repaving and Restriping Until Community
Outreach and Public Review Is Complete
EXECUTIVE SUMMARY
In September 2009, City staff requested its contractor to stop work on the California Avenue
Street Tree Replacement Project shortly after the tree removal on California A venue due to
insufficient public input and outreach on the California Avenue Improvement Project.
On October 5th, Council directed staff to engage the public in the selection of replacement trees
on California Avenue and requested formal review by the Architectural Review Board (ARB)
and the Planning and Transportation Commission (PTC) to gain community support for the tree
replacement plan.
Following Council direction, staff held community meetings on October 8th and October 22nd.
In addition, staff met with the ARB and PTC during the months of October and November to
obtain input on street tree replacement plans (Attachment A). The general consensus from the
community and the ARB is that the replacement trees should contain a mixture of deciduous and
evergreen trees, trees should have a potential to grow the largest canopy possible and street trees
should reflect a unifying theme with gateways at both ends. The PTC wanted a more
comprehensive streetscape plan before trees are planted to ensure the tree replanting was flexible
in accommodating any future design changes. Staff believes quite strongly that tree replanting
should occur this winter in order to capture as much tree growth as possible. Other elements of
the plan such as the streets cape can proceed after tree replanting without disruption to the street
trees. A replanting Plan C, (Attachment B) was presented to the ARB on November 5th, and the
general consensus was the design should have prominent gateway trees at both the Caltrain and
EI Camino Real entrances onto California A venue and should have additional unifying street
trees to give more continuity to the streetscape. During the ARB meeting, many community
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members spoke in favor of Plan C and wanted street trees planted this winter to avoid delay.
Additional modifications to include these recent comments resulted in the development of the
Street Tree Replanting Plan. The deferral of the tree replanting at the plaza fountain area will
allow for design flexibility with the new street furniture and fountain layout as suggested by the
PTC and ARB A mitigated negative declaration has been prepared for Phase I of this project
which includes adding approximately 75 street trees and adding temporary greening elements
such as large planter pots along the sidewalk behind the curb. The preferred Street Tree
Replanting Plan (Attachment H) was developed with a theme which embraces the existing
diversity of the neighborhood while harkening back to the original oak grassland environment.
The plan integrates with the adjoining neighborhood tree selections and incorporates community
comments and is coordinated with the future streetscape concepts to be refmed with the
community this winter.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve a Mitigated Negative Declaration for the California Avenue Streetscape
Improvements, Phase I (Attachment G);and
2. Approve a Street Tree Replanting Plan on California Avenue from EI Camino Real to
the Caltrain Station as Part of the California A venue Improvements Capital
Improvement Program Project PE-07005 (Attachment H); and
3. Direct Staff to execute a Change Order in Amount of $96,200 with Suarez & Munoz
Construction, Inc.(Attachment I), upon final architectural review approval; and
4. Authorize the City Manager or his designee to negotiate and execute one or more
additional change orders to the contract with Suarez & Munoz Construction, Inc. for
related, additional but unforeseen work which may develop during the project, the
total value of which shall not exceed $19,240; and
5. Defer the California Avenue Street Improvements Phase II including tree replanting
at the fountain plaza area located near the Park Boulevard/California Avenue
Intersection, addition of new street furniture, street repaving and restriping, until
community outreach and public review is complete.
BACKGROUND
In 2005, the California Avenue Area Development Association (CAADA) appealed to the City
for streetscape improvements similar to the ones completed on University Avenue. In 2006,
CAADA worked with the City on developing a conceptual "master" plan with a request for
funding. Given limited funds, City staff from the City Manager's office, Public Works
Department and the Transportation Division with input from project stakeholders developed a
master plan and applied for grant funding from the Metropolitan Transportation Commission. As
part of the original 2006 grant application, the requested improvements included street tree and
street light replacement, traffic lane reduction, addition of bicycle lanes, pedestrian crosswalks
and bulb-outs, new irrigation, new street furniture, new newspaper racks and a new fountain.
After several unsuccessful attempts to obtain grant funds, City staff worked together with
CAADA to develop a reduced project scope ultimately resulting in the removal of irrigation,
pedestrian bulb-outs and street lighting.
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The California Avenue Improvements Capital Improvement Project became part of the fiscal
year 2007-2009 Adopted Capital Budget using reimbursements from various City funds and a
contribution from CAADA. During 2008 and 2009, Public Works and Transportation Division
staff met periodically with CAADA to develop the project which included street tree
replacement, enhanced colored crosswalks and street furniture. Project information was
distributed through CAADA, their members and Palo Alto Neighborhood Associations, however
the City did not properly engage the community during the design phase to gain support of the
project's scope.
On August 26,2009, the contract for the street tree replacement portion of the plan was awarded
to Suarez & Munoz Construction, Inc. at the staff level since it was below the $250,000
threshold requiring Council approval. On September 3rd an 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 for tree removal to all
addresses on California Avenue. The Public Works project manager received staff-level
Architectural Review and a California Environmental Quality Act (CEQA) exemption and
tentative approval on September 14th which required a 14-day public review period. Staff,
however, prematurely proceeded with tree removal on September 14th during the time the public
would be able to request a hearing with the ARB.
In late September staff issued a press release and attended the Farmer's Market acknowledging
the lack of proper procedure, poor public outreach and apologizing to the broader community for
the tree removals on California Avenue. In early October staff halted work on the California
A venue Street Improvement project until further public outreach on the street tree replacement
plan could occur and subsequent City Council approval (CMR: 400:09). City staff, two City
arborists, Canopy, a Palo Alto-based urban forestry nonprofit organization, Dave Muffly, an
arborist and board member of Canopy and Barrie Coate, a well respected arborist in the area,
worked together to select replacement tree choices and developed a plan including 15 possible
tree species suitable for our climate, soil type and the downtown conditions.
Staff obtained design input on the street tree replanting plan from two community meetings.
Local arborists, Canopy, ARB and the PTC and Royston Hanamoto Alley and Abey (RHAA),
landscape architects, developed several street tree replacement plans. During the first community
meeting on October 8th and the first ARB hearing on October 15th, staff presented 15 tree species
of various sizes and possible tree replanting locations. The community requested staff to replant
the largest trees possible and to include a mixture of deciduous and evergreen trees to retain the
unique and eclectic California Avenue downtown experience. During the first ARB hearing,
staff was asked to consider some consistency in the tree selection while considering special
treatment at the California A venue entrances at EI Camino Real, the Caltrain Station and at the
pedestrian crossings. The City contracted RHAA to consult with staff; local and staff arborists;
and Canopy which resulted in a deciduous planting plan and an evergreen planting plan
(Attachment A). These options included 9 tree species with unifying evergreen or deciduous
trees and were presented at the second community meeting on October 22nd and at the PTC
hearing on October 28th,
RHAA worked with staff to develop a new plan based on input from the community, ARB and
PTC resulting in Plan C, (Attachment B) which provided cohesiveness using a balance of
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evergreen and deciduous trees. This planting plan was presented to the second ARB meeting on
November 5th and incorporated a mixture of 47 deciduous and 28 evergreen trees on both sides
of the street to take advantage of the sun/shade orientation of California A venue. The ARB
requested that Plan C include more prominent "gateways" at both the Caltrain and EI Camino
Real entrances onto California A venue and should have additional unifying street trees to give
more continuity to the streetscape. During the ARB meeting, many community members spoke
in favor of Plan C and wanted street trees planted this winter. As a result, RHAA modified Plan
C to include additional oak trees at the gateways and added more unifying trees in the
development of the Street Tree Replanting Plan. The final plan is included as Attachment H.
DISCUSSION
California Avenue Streetscape Project
The coordination and input resulting from the community meetings and public hearings
(Attachments C, D, E and F) assisted staff and RHAA to develop the Street Tree Replanting Plan
(Attachment H) as the preferred plan.
The implementation of the proposed improvements for preferred Street Tree Replanting Plan
would include:
• A mixture of deciduous and evergreen trees to unify the street, provide cohesiveness
and sun/shade orientation with a theme which harkens back to the original oak
grassland environment, and integrates with the adjoining neighborhood tree selections
• Native oak trees located at the EI Camino Real/California Avenue and Caltrain
entrance/California A venue gateways
• Deciduous trees located at pedestrian crossings and at the Caltrain entrance to provide
colorful accents
• Larger tree sizes including possibly up to 48 inch to 36 inch box trees considered at
the larger planting sites and 24 inch box trees considered within the sidewalk areas
• Enhanced tree planting using structural soil 5 feet square by 3 feet deep with two
drainage holes 6 feet deep inside the tree wells to improve drainage
• Drought tolerant tree species ensuring the long range health of the California
Avenue's urban forest
• Repair of existing irrigation at the larger planting areas
• Deferral of the tree replanting at the fountain plaza area located near the Park
Boulevard/California A venue Intersection to allow for design flexibility with the
street furniture placement and fountain installation during Phase II
With these project elements, this project will restore the canopy of California A venue with tree
species that are able to thrive in a streetscape environment. The intent of the project is to provide
an aesthetically pleasing street using a variety of trees; to create strategic opportunities for areas
to receive sun and shade year round; to provide a diverse canopy over time and to compliment
the unique quality of the area. Temporary planter pots with fragrant unique shrubbery or small
trees may be considered in combination with the street furniture and tree replanting at the
fountain plaza area as part of the second phase.
Given the heightened sensitivity of the tree removal on California A venue, the community has
voiced an urgent need to plant trees as soon as possible. In addition, staff and consulting
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arborists have indicated the need to plant trees during this optimum winter planting season to
maximize tree health. The winter season is optimal for replanting when the trees are dormant
because it avoids interruption during the growing period and provides the least amount of shock
to the trees. Given these factors, staff recommends immediate replanting.
Once the Council has approved the final Street Tree Replanting Plan (Attachment H), the
Planning Director will take action on the Architectural Review of Phase I. Pursuant to the
Municipal Code, the Director's decision shall not become final for 14 days following notice of
the decision, unless the decision is appealed to the Council.
In order to balance the Municipal Code's procedural requirements with the community's desire
to plant street trees as soon as possible, staff is proposing a contract change order with Suarez &
Munoz Construction, Inc. in the amount of $96,200, but will not issue the change order until the
architectural review approval is final. Due to the need to begin replanting immediately, re-
bidding the entire contract is not practicaL Upon issuance of the change order, staff will work
with its contractor, Suarez & Munoz Construction, Inc., to replant 24, 36 and 48 inch box trees,
reconstruct the sidewalk planting areas using structural soil, install 4 x 4 feet tree grates, and
relocate the existing exposed aggregate planters. See contract change order and summary of
work in Attachment I. A contract change order with Suarez & Munoz Construction Inc. and
issuance of a Notice to Proceed would have construction beginning immediately upon final
architectural review approval of the recommended planting plan with an estimated completion
end date of February 17, 2010. Given the possibility of a 4-week lead time to receive the tree
grates from the manufacturer, the excavation of the tree wells may not begin until mid-December
when the grates arrive to ensure the excavated tree wells are protected to ensure safe working
conditions during construction
Since staffs policy is to cease all construction during the holidays in the California Avenue
Business District, staff will work with the California Avenue merchants, businesses and the
community to inquire how construction disruption could be minimized. Based on discussions
with the contractor, staff has developed a construction schedule that will work during the holiday
season. The noisiest work such as demolition and excavation will be complete during the first
few weeks followed by relatively quiet tree planting operations during the end of December and
into January. Construction will be limited to weekdays, no work will commence during
Thanksgiving, Christmas and New Year holidays, noisy construction operations will be limited
between from 11:30 am to 1:30 pm (during lunch hours for the restaurants), and the traffic
impacts will be minimal.
Staff recommends deferring the remaining California A venue Street Improvements, Phase II
(new benches, bike racks, news racks, kiosks, colored crosswalks, replanting of the plaza and
possible lane reconfiguration and large planter pots) until public feedback is received from
community meetings to be scheduled this winter. For additional pubic correspondence received
for the project, see Attachment J.
Milestones & Next Steps
California Avenue Tree Planting -Phase 1
Community Outreach Before and During Construction Phase November and December
Council Approval of Preferred Street Tree Replacement Plan November 16th
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Director Action on Architectural Review (Phase 1) November 1 i h
Staff to process change order and issue Notice to Proceed December 1
with Suarez & Munoz Construction, Inc. (tree replacement contractor)
Begin Street Tree Replacement (ordering trees and December 1
preparing tree wells, planting trees no later than February 2010)
End Street Tree Replacement (weather permitting) February 2010
California Avenue Streetscape Improvements -Phase II
Community outreach on Phase II elements including street Winter 2009/10
furniture, resurfacing, possible lane reconfiguration and planters
Begin concept design for California Avenue Improvements January 2010
ARB and PTC conceptual design review of Phase II elements Spring 2010
Council Approval of Phase II California Avenue Improvements Spring 2010
Complete design and construction documents for phase II Summer 2010
Begin street furniture installation Summer 2010
Begin street resurfacing including restriping Summer 2010
Phase II of the California Avenue Improvements including street furniture and possible lane
reconfiguration concepts will return to the ARB, PTC and City Council next spring after
community input is received this winter.
RESOURCE IlVIPACT
A total of $525,000 had been appropriated to this project since FY 2007 through FY 2009.
Funding sources, of this project include the General Fund, CAADA, the Street Maintenance and
Street Light CIP project.
There is sufficient balance from the appropriation to provide resources for the remaining scope
of the project.
Initially, the project began with the California Avenue Fountain Repair PE-07005 and was
funded with $32,000 from the infrastructure reserve.
In fiscal year 2007-2008, the California Avenue Improvements Capital Project PE-07005 was
added into the non-infrastructure management plan and called for replacement of street trees,
street lights, reconfiguration of vehicle lanes to accommodate bike lanes, new street furniture,
crosswalk enhancements and repair or replacement of the fountain estimated at $335,000. A total
of $50,000 of these funds was allocated for the fountain repair. Reimbursements from various
funding sources include the general fund, CAADA, the Street Maintenance and Street Light
CMR:433:09 Page 6 of8
Improvement capital improvement projects. A mid-year adjustment in fiscal year 2008-2009
increased the budget by $300,000 for the streetscape improvements. The project would be
accomplished with current staff resources given the project has limited funding.
POLICY IMPLICATIONS
This project supports several key policies and programs of the Comprehensive Plan, including:
POLICY L-15: Preserve and enhance the public gathering spaces within walking distance of
residential neighborhoods. Ensure that each residential neighborhood has such spaces.
GOAL L-4: Inviting, Pedestrian-scale Centers That Offer a Variety of Retail and Commercial
Services and Provide Focal Points and Community Gathering Places for the City's Residential
Neighborhoods and Employment Districts.
POLICY L-21: Provide all Centers with centrally located gathering spaces that create a sense of
identity and encourage economic revitalization. Encourage public amenities such as benches,
street trees, kiosks, restrooms and public art.
POLICY L-22: Enhance the appearance of streets and sidewalks within all Centers through an
aggressive maintenance, repair and cleaning program; street improvements; and the use of a
variety of paving materials and landscaping.
PROGRAM L-18: IdentifY priority street improvements that could make a substantial
contribution to the character of Centers, including widening sidewalks, narrowing travel lanes,
creating medians, restriping to allow diagonal parking, and planting street trees.
POLICY N-14: Protect, revitalize, and expand Palo Alto's urban forest through public
education, sensitiv.e regulation, and a long-term financial commitment that is adequate to protect
this resource.
PROGRAM N -17: Develop and implement a plan for maintenance, irrigation, and replacement
of trees in parks, parking lots, and City rights-of-way.
POLICY L-28: Maintain the existing scale, character, and function of the California Avenue
business district as a shopping, service, and office center intermediate in function and scale
between Downtown and the smaller neighborhood business areas.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA), an Initial Study and a
Draft Mitigated Negative Declaration (MND) has been prepared for the California A venue
Streetscape Improvements, Phase I. (Attachment G). The 20-day public comment period for this
document ran from October 21, 2009 through November 9, 2009. The mitigation measures that
are called out for this project address the potential aesthetic impacts of the tree removal. No
comment letters were received on the Draft MND. Phase II will undergo separate environmental
analysis next year when the project components are better defined.
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ATTACHMENTS
Attachment A
Attachment B
Attachment C
Planting Palettes Plans A and B
Planting Palette Plan C
Summary Notes of October 8, 2009 and October 22, 2009 Community
Meetings
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
ARB Staff Report and minutes dated October 15,2009 (w/o attachments)
PTC Staff Report and minutes dated October 28, 2009 (with attachments)
ARB Staff Report and minutes dated November 5th (w/o attachments)
Draft Mitigated Negative Declaration/Initial Study (hardcopies for Council,
Libraries and Development Center only, also available for review at
the link below:
http://www.cityofpaloalto.org/civica/filebanklblobdload.asp?BlobID=17433
Street Tree Replanting Plan
Contract Change Order and Summary of Work with Suarez & Munoz
Construction, Inc.
Public Correspondence from 0
PREPARED BY:
DEPARTMENT HEAD
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
GLENN S. ROBERTS
Director of Public Works
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