HomeMy WebLinkAboutStaff Report 340-08TO:
City of Palo Alto
C. ty Manager’s Report
HONORABLE CITY COUNCIL I
FROM:CITY MANAGER DEPARTMENT: CITY MANAGER’S OFFICE
DATE: AUGUST 4, 2008 CMR:340:08
SUBJECT: ADOPTION OF AN ORDINANCE CALLING A SPECIAL ELECTION
AND ORDERING THE SUBMISSION OF A PROPOSITION INCURRING BONDED
DEBT FOR THE PURPOSE OF CONSTRUCTION AND COMPLETION OF A NEW
MITCHELL PARK LIBRARY AND COMMUNITY CENTER, RENOVATION AND
EXPANSION OF MAIN LIBRARY, AND RENOVATIONS TO DOWNTOWN LIBRARY
TO THE QUALIFIED VOTERS OF THE CITY OF PALO ALTO AT THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008
RECOMMENDATION
Staff recommends that Council adopt the attached ordinance (Attachment A) calling for a special
municipal election on November 4, 2008 for the purposes of ordering the submission of a
proposition incurring bonded debt to construct and complete a new Mitchell Park Library and
Community Center, renovate and expand Main Library and renovate Downtown Library.
BACKGROUND
On July 21, 2008, the City Council adopted a resolution and introduced this ordinance for the
purposes of placing a measure on the November ballot authorizing issuance of bonded debt to
finance construction of a new Mitchell Park Library and Community Center, renovation and
expansion of Main Library and renovation of Downtown Library (Attachment B, CMR 321:08).
Pursuant to State law, the City Council must introduce and then adopt, at a subsequent meeting,
an ordinance to place the measure on the Nov,ember 4, 2008 ballot. The ordinance attached was
introduced at the July 21, 2008 Council meeting and reflects staff changes made just prior to that
meeting. Following the Council action this evening, the City Clerk will file the appropriate
paperwork with the County Registrar of Voters before the August 8 deadline for November
ballot measures.
For reference, staff is also including with this report information related to filing arguments
either for or against November ballot measures (Attachment C). The July 21 staff report
(Attachment B) outlined the process for preparing and filing direct and rebuttal arguments on a
measure.
RESOURCE IMPACT
The staff report prepared for the July 21, 2008 City Council meeting (Attachment B) outlined the
resource impacts associated with these projects.
CMR:340:08 Page 1 of 2
POLICY IMPLICATIONS
This report is consistent with existing City policies and with the establishment of the Library
Plan/Public Safety Building as a Top 4 priority for 2008.
ENVIRONMENTAL REVIEW
The environmental review process for these projects was outlined and approved at the July 21,
2008 meeting as outlined in that staff report (Attachment B).
ATTACHMENTS
Attachment A: AN ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO CALLING A SPECIAL ELECTION AND ORDERING THE
SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT
FOR THE PURPOSE OF CONSTRUCTION AND COMPLETION OF A
NEW MITCHELL PARK LIBRARY AND COMMUNITY CENTER,
RENOVATION AND EXPANSION OF MAIN LIBRARY, AND
RENOVATIONS TO DOWNTOWN LIBRARY TO THE QUALIFIED
VOTERS OF THE CITY OF PALO ALTO AT THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008
Attachment B: CMR 321:08 from July 21, 2008 City Council meeting
Attachment C: "City of Palo Alto Measure/Ordinances" - information sheet from the City
Clerk regarding measures
PREPARED BY:
CITY MANAGER APPROVAL:
Kelly Morariu
Interim Deputy City Manager
City Manager
CMR:340:08 Page 2 of 2
Attachment A NOT YET APPROVED
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
CALLING A SPECIAL ELECTION AND ORDERING THE
SUBMISSION OF A PROPOSITION INCURRING BONDED
DEBT FOR THE PURPOSE OF CONSTRUCTION AND
COMPLETION OF A NEW MITCHELL PARK LIBRARY AND
COMMUNITY CENTER, RENOVATION AND EXPANSION OF
MAIN LIBRARY, AND RENOVATIONS TO DOWNTOWN"
LIBRARY TO THE QUALIFIED VOTERS OF THE CITY OF
PALO ALTO AT THE SPECIAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 4, 2008
WHEREAS, use of the Palo Alto libraries has increased; in fiscal year 2007-2008
circulation in Palo Alto libraries increased 8% over the prior year, and users checked out over 1.5
million books, periodicals, DVDs, and other materials; and
WHEREAS, in a 2007 report, the City Auditor determined that Palo Alto libraries
are in the poorest condition when compared to libraries in ten surrounding communities; and
WHEREAS, the Auditor’s report specifically noted that Palo Alto’s libraries were
overcrowded, had poor ¯lighting and inadequate meeting spaces; and
WHEREAS, Palo Alto libraries are cramped, have poor lighting, and have no room
for expansion of collections or group study and quiet reading areas; and
WHEREAS, Mitchell Park Library was built more than fifty years ago; over the past
twenty years circulation there has tripled and it currently receives more than one thousand
visitors per day; and
WHEREAS, Mitchell Park Library has the highest circulation of all libraries in Palo
Alto, but it is too small and outdated to serve t,he population that uses it today; and.
WHEREAS, many residents in our community, especially children and seniors, rely
on Palo Alto libraries; and
WHEREAS, some of the heaviest use occurs after school when children from the
neighborhood schools gather to do homework, research and work on group projects; at these
times, the libraries can be overcrowded and noisy, making it challenging for others to
comfortably use the library, study, or access services; and
WHEREAS, Mitchell Park, Main and Downtown libraries have poor ventilation and
lack air conditioning; and
WHEREAS, Mitchell Park, Main and Downtown libraries, are too small to
accommodate growth in library collections, which residents have identified as a priority for City
libraries; and
NOT YET APPROVED
WHEREAS, under the conditions described above, our libraries cannot fully offer
the services and resources our Palo Alto residents deserve; and
WHEREAS, it is critical that the City provide libraries and community centers that
afford earthquake safety by construction to modem seismic standards; and
WHEREAS, the City needs to ensure and enhance disabled access at its public
libraries and community centers; and
WHEREAS, libraries are an important, community asset because they provide more
than just books--they are a place for residents to leam and to gather and they enrich the culture
of our City; and
WHEREAS, on July 21, 2008, this City Council adopted, by a two-thirds vote of all
the members of the Council, a Resolution entitled "A Resolution of the Council of the City of
Palo Alto Determining That the Public Interest and Necessity Demand the Construction and
Completion of a New Mitchell Park Library and Community Center and the Renovation of Main
and Downtown Libraries and their Financing Through the Issuance of General Obligation Bonds"
(the "Resolution"); and
WHEREAS, in order to provide for the issuance by the City of its general obligation
bonds to finance the costs of constructing the new Mitchell Park library and community center
and renovating and improving Main and Downtown libraries, it is necessary for this Council to
pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness
for such purpose to the qualified voters of the City at an election; and
WHEREAS, a Special Municipal Election for the City is to be held on Tuesday,
November 4, 2008; and
WHEREAS, the City Council desires to submit to the voters at the election the
proposition of incurring bonded indebtedness as hereinafter set forth.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALO ALTO,
CALIFORNIA, does ordain as follows:
SECTION 1. Ballot Proposition. That the following question shall be submitted
to the voters of the City at the Special Municipal Election to be held on November 4, 2008:
"LIBRARY FACILITY, COLLECTIONS, SAFETY IMPROVEMENT BOND. To
ensure seismic safety, enhance disabled access, provide additional space to expand
library collections, add new children’s and group activity areas, replace outdated
lighting, and provide proper ventilation and air conditioning systems, shall the City of
Palo Alto issue bonds up to $76,000,000 to construct a new energy-efficient Mitchell
Park Library and Community Center, expand and renovate Main Library, and
renovate Downtown Library, with annual audits and independent citizen oversight?"
YES ~ NO
080729 mb 8260794 -2-
NOT YET APPROVED
SECTION 2. Object and Purpose of Bonds. The object and purpose of incurring
the indebtedness is to finance the costs of constructing a new energy efficient, environmentally
friendly library and community center at Mitchell Park and the costs of renovating and expanding
Main Library and renovating Downtown Library, including enhancements at all three facilities
for earthquake safety and disabled access, expanded space for library collections, meeting and
study area~, and new air conditioning, ventilation and lighting systems. The foregoing
improvements are referred to herein as the "Improvements". The City wishes to construct the
Improvements because the present library and community center at Mitchell Park, and the Main
and Downtown libraries, are inadequateto serve the needs of the citizens of the City.
SECTION 3. Estimated Cost of Improvements. The estimated cost of the
portion of the costs of the Improvements to be paid for from the City’s general obligations bonds
is seventy-six million dollars ($76,000,000): The estimated cost includes legal and other fees
and the cost of printing the bonds and other costs and expenses incidental to or connected with
the authorization, issuance and sale of bonds. The cost of constructing the Improvements in
excess of $76,000,000 will be paid for from other funds of the City.
SECTION 4. Principal Amount of Bonds. The amount of the principal of the
indebtedness to be incurred is not to exceed seventy-six million dollars ($76,000,000).
SECTION 5. Maximum Interest Rate. The maximum rate of interest to be paid
on the indebtedness shall be twelve percent (12%) per annum.
SECTION 6. Issuance and Sale of Bonds. This City Council does hereby call a
special municipal election on Tuesday, November 4, 2008, and submit to the qualified voters of
the City, at said Special Municipal Election, the proposition set forth in Section 1 hereof. The
City proposes to construct and complete the Improvements, and to issue and sell General
Obligation Bonds of the City pursuant to Article 1, commencing with Section 43600~ of Chapter
4 of Division 4 of Title 4 of the California Government Code, in one or more series, in the
maximum amount and for the objects and purposes set forth above, if two-thirds of all qualified
voters voting on the proposition set forth above vote in favor thereof. The bonds are to be general
obligations of the City, payable from and secured by taxes levied and collected in the manner
prescribed by laws of the State of California. All of said bonds are to be equally and ratably
secured, without priority, by the taxing power of the City.
SECTION 7. Consolidation; Manner of Conducting Election. That in all
particulars not recited in this Ordinance, the election shall be held and conducted as provided by
law for holding municipal elections. That pursuant to the requirements of section 10403 of the
Elections Code, the .Board of Supervisors of the County of Santa Clara is hereby requested to
consent and agree to the consolidation of a Special Municipal Election with the Statewide
Special Election on Tuesday, November 4, 2008, and said election shall be held in all respects as
if there were only one election and only one form of ballot shall be used.
SECTION 8. Procedure for Voting on Proposition. Ballots for the election
shall be provided in the form and in the number provided by law.. Voters shall be provided an
opportunity to vote for or against the proposition on the ballot, in accordance with procedures to
be adopted by the authorized officers of the County charged with conducting the election.
080729mb 8260794 - 3 -
NOT YET APPROVED
SECTION 9. Time and Place of Election. Notice of the time and place of
holding the election is given and the City Clerk is authorized, instructed, and directed to give
further or additional notice of the election, in the time, form, and manner required by law.
SECTION 10. Publication of Ordinance. This Ordinance shall be published once
a day for at least seven days in a newspaper printed, published and circulated at least six days a
week in the City, or once a week for two weeks in a newspaper printed, published and circulated
less than six days a week in the City. The first of said publications shall, ,in either event, be
within fifteen (15) days after the adoption &this ordinance. The City Clerk is hereby authorized
and directed to make said publications and to transmit, for receipt no later than August 8, 2008, a
certified copy of this Ordinance to the Board of Supervisors (the "Board of Supervisors") of
Santa Clara County (the "County"), and a copy with the County Clerk of the County and the
Registrar of Voters of the County.
SECTION 11. Canvassing Election Returns. The Board of Supervisors is hereby
authorized to canvass the returns of said City Bond Election.
SECTION 12. Election Instructions. The Board of Supervisors is hereby
requested to issue instructions to the County Elections Department to take any and all steps
necessary for the holding of the said consolidated elections.
SECTION 13. Accountabili _ty Requirements. As required by Section 53410 of the
Government Code, a statement in substantially the following form shall be included on the ballot
for the Bonds, and the City Council covenants to comply with the reporting requirements
contained in Section 53411 of the Government Code:
Accountability Measures
As required by Section 53410 of the Government Code, the following
accountability measures are hereby made a part of the City’s Bond Measure "LIBRARY
FACILITY, COLLECTIONS, SPACE, SAFETY IMPROVEMENT BOND" (the "Measure"):
a) The specific purpose of the bonds is to build a new Mitchell Park library and
community center, expand and renovate Main library, and renovate Downtown library;
b) The proceeds from the sale of the City, s bonds will be used only for the
purposes specified in the Measure, and not for any other purpose;
c) The proceeds of the Bonds will be deposited into a Library/Community Center
Project Construction Fund to be held by the City; and
d) The Administrative Services Director of the City shall file an annual report
with the City Council of the City, commencing not later than November 1, 2009, and annually
thereafter, which report shall contain pertinent information regarding the amount of funds
collected and expended, as well as the status of the Library/Community Center project listed in
the Measure.
080729 mb 8260794
NOT YET APPROVED
In addition to those-required measures, the City shall create a citizen’s oversight
committee to monitor the projects and report to the City Council.
SECTION 14. Estimated Tax Rate. At this time, the best estimate from official
sources of the tax rate required to be levied to fund the bond issue is $27 per $100,000 of
assessed value.
SECTION 15. Reimbursement for Election Costs. That the City of Palo Alto
recognizes that additional costs will be incurred by the County by reason of this consolidation
and agrees to reimburse the County for any costs.
SECTION 16. Ballot Form and Content.That the ballots to be used at the
election shall be in form and content as required by law.
SECTION 17. Actions and Materials Necessary for Conducting Election. That
the City Clerk is authorized, instructed and directed to have the Santa Clara County Election
Department procure and furnish any and all official ballots, notices, printed matter and all
supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully
conduct the election. The City Manager is_authorized to make changes tO the ballot language as
required by the County Clerk and/or Registrar of Voters.
SECTION 18. Election Polls. That the polls for the election shall be open at 7:00
o’clock a.m. of the day of the election and shall remain open continuously from that time until
8:00 o’clock p.m. of the same day when the polls shall be closed, except as provided in Section
14401 of the Elections Code of the State of California,
SECTION 19. Ballot Arguments. Pursuant to Elections Code Section 10403,
August 8, 2008 is be the deadline for submission to the Board of Supervisors by a local agency
the ordinance or resolution requesting consolidation with the statewide election and any
resolution or ordinance placing a measure on the November 4, 2008 ballot. Pursuant to Elections
Code Section 9286 et, seq., August 13, 2008 ,at 5 p.m. shall be the deadline for submission of
arguments in favor of, and arguments against, any local measures on the ballot. If more than one
argument for and/or against is received, the priorities established by Elections Code Section 9287
shall control.
SECTION 20. Rebuttal Arguments. The provisions of Elections Code Section
9285 shall control the submission of. any rebuttal arguments. The deadline for filing rebuttal
arguments shall be August 20, 2008 at 5 p.m.
SECTION 21. Impartial Analysis. The City Council directs the City Clerk to
transmit a copy of the measure to the’City Attorney, who shall prepare an impartial analysis of
the measure showing the effect of the measure on the existing law and the operation of the
measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of
primary arguments.
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NOT YET APPROVED
SECTION 22. Effective Date. This Ordinance shall become effective immediately
as an ordinance relating to an election pursuant to Government Code section 36937(a) upon its
adoption by two-thirds vote of all the members of this City Council.
The above ordinance was introduced ~with the first reading waived at a regular
meeting of the City Council on the 21st day of July, 2008, and passed and adopted at a regular
meeting of said Council held on the 4th day of August, 2008, by the following vote:
INTRODUCED: July 21, 2008
PASSED: August 4, 2008
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Deputy City Attomey
Mayor
APPROVED:
City Manager or designee
Director of Administrative Services
080729mb 8260794
Attachment B
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: CITY MANAGER’S OFFICE
DATE: JULY 21, 2008 CMR: 321:08
SUBJECT: CONFIRMATION OF APPROVAL OF A MITIGATED NEGATIVE
DECLARATION FOR THE MITCHELL PARK LIBRARY AND COMMUNITY
CENTER AND AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE MAIN LIBRARY; INTRODUCTION OF AN ORDINANCE
CALLING A SPECIAL ELECTION AND ORDERING THE SUBMISSION OF A
PROPOSITION INCURRING BONDED DEBT FOR THE PURPOSE OF
CONSTRUCTION AND COMPLETION OF A NEW MITCHELL PARK LIBRARY
AND COMMUNITY CENTER, RENOVATION AND EXPANSION OF MAIN
LIBRARY, AND RENOVATIONS TO DOWNTOWN LIBRARY TO THE QUALIFIED
VOTERS OF THE CITY OF PALO ALTO AT THE SPECIAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 4, 2008; AND ADOPTION OF A RESOLUTION
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE
CONSTRUCTION AND COMPLETION OF A NEW MITCHELL PARK LIBRARY
AND COMMUNITY CENTER, RENOVATION AND EXPANSION OF MAIN
LIBRARY, AND RENOVATIONS TO DOWNTOWN LIBRARY AND THEIR
FINANCING THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS
RECOMMENDATION
Staff recommends that Council:
1)Confirm approval of a mitigated negative declaration for improvements to the
Mitchell Park Library and Community center and an addendum to the final
Environmental Impact Report (EIR) for improvements to the Main Library.
2)Introduce an ordinance calling for a special municipal election on November 4, 2008
for the purposes of ordering the submission of a proposition incurring bonded debt to
construct and complete a new Mitchell Park Library and Community Center,
renovate and expand Main Library and renovate Downtown Library. The ordinance
also includes direction to the City Attorney to prepare an impartial analysis of the
measure.
3)Adopt a resolution determining that the public interest and necessity demand these
improvements to Palo Alto’s library system.
4)Designate up to four Council members to author the argument in favor of the
measure.
CMR:321:08 Page 1 of 8
BACKGROUND
Palo Alto libraries are an important community asset. They provide more than just books - they
are a place for residents to learn and to gather and they enrich the culture of the City. The City
Auditor recently determined that Palo Alto libraries are in the poorest condition when compared
to libraries in ten surrounding communities. Significant upgrades are needed to complete
improvements to Palo Alto’s branch libraries. Although approximately 2,500 people visit Palo
Alto libraries daily, they are cramped, have poor lighting, and have no room for expansion of the
collections or to add needed seating. They also lack community meeting spaces, group study and
quiet reading areas.
Many residents in the community rely on Palo Ako libraries. Circulation and use of the libraries
continues to increase. Last fiscal year, users checked out over a million and a half books, DVDs,
and other items. The current libraries have served the community well over the decades. Fifty
years ago, Palo Altans passed a bond measure to build a new Main Library and a branch library
at Mitchell Park. However, current conditions don’t allow the libraries to offer the services and
resources Palo Alto residents and young people deserve. For example, they were not designed
to accommodate the variety of ways people now use libraries and they cannot support the
collection expansion the community has identified as a priority. Just as the community has
changed, the libraries must change to better meet the needs of residents. Today’s libraries must
serve many functions beyond information resources: community gathering places for diverse
programs and events, rooms for organizations to host meetings, spaces for people who want quiet
study or contemplation, and spaces for small groups to study together.
For the past two years, the City Council has placed plans for enhanced library facilities and
operations on the top priority lists. There have been substantial work efforts by the City Council,
Library Advisory Commission (LAC), Parks & Recreation Commission and staff developing
proposals for enhanced library and community center facilities and operations. The LAC met
eleven times over seven months and extensively publicized these meetings to seek input into the
Library Service Model Analysis and Recommendations (LSMAR) planning process. At four of
these meetings, the LAC also reviewed and provided input on the library facilities study
conducted by Group 4 Architecture to evaluate space needs and site options for the Mitchell Park
Library and Community Center and space issues at Main and Downtown libraries. These efforts
culminated in approval by Council of the LSMAR and Library Space Study in December of
2006.
On July 7, 2008, the Council reviewed the results of polling for a November 2008 bond measure
and directed staff to prepare the necessary items for placing a measure on the ballot that would
include improvements to the Mitchell Park Library/Community Center, Main Library, and
Downtown Library,
DISCUSSION
Based on the Council’s direction on July 7, 2008, there are several procedural requirements for
placing the measure on the ballot. First, the Council must adopt a resolution establishing the
public interest in and necessity of completing the proposed project and an ordinance setting the
CMR:321:08 Page 2 of 8
election date that also identifies the ballot question that will be presented to Palo Alto voters, the
total amount of bonded indebtedness to be incurred, and the tax rate implications of the measure.
The proposed ordinance and resolution are attached to this report as Attachments A and B. This
ordinance also includes direction to the City Attorney to prepare an impartial analysis of the
measure. Pursuant to Government Code section 43607, the ordinance must be introduced at one
meeting and adopted at a subsequent meeting. Following the adoption of the ordinance by the
Council on August 4, 2008, the City Clerk will file the appropriate paperwork with the County
Registrar of Voters by August 8, 2008 to ensure that the measure appears on the November 4,
2008 ballot. Second, the Council must decide who will draft the ballot arguments in favor of the
measure.
Ballot Question:
The ballot question may not exceed 75 words and should be presented in a clear and concise
fashion so that it is clearly understandable to the electorate. The following language is suggested
for the library bond:
LIBRARY FACILITY,COLLECTIONS, SAFETY
IMPROVEMENT BOND.
To ensure seismic safety, enhance disabled access, provide
additional space to expand library collections, add new
children’s and group activity areas, replace outdated
lighting, and provide proper ventilation and air
conditioning systems, shall the City of Palo Alto issue
bonds up to $76,000,000 to construct a new energy-
efficient Mitchell Park Library and Community Center,
expand and renovate Main Library, and renovate
Downtown Library, with annual audits and independent
citizen oversight?
YES
NO
Based on Council direction on July 7, the bond measure will include the construction of a new
approximately 51,000 square foot combined Mitchell Park Library and Community Center (built
to LEED Gold green building standards), c,omplete renovation and an approximately 4,000
square foot expansion of the Main library and a complete renovation of the Downtown library.
The total project costs eligible for bond funding are approximately $73 million. With financing
costs included, the total bond amount that would appear on the November ballot is $76 million.
Based on these numbers, the best estimate of the tax rate for this bond measure is $27 per
$100,000 of assessed property value.
Ballot Arguments:
In accordance with California Elections Code Section 9282, the City Council must determine
whether it wishes to exercise its rights to author and sign ballot arguments regarding the
measure. The final date for filing a direct argument is 5:30 p.m. on Wednesday, August 13, 2008
with the City Clerk. Direct arguments may not exceed 300 words and can not be changed or
withdrawn after August 13, 2008.
CMR:321:08 Page 3 of 8
Section 9287 of the Elections Code instructs the Clerk to select one argument in favor and one
argument against a measure for printing and distribution to the voters. The arguments can be
authored by a maximum of five eligible voters. If more than one argument for or more than one
argument against the measure is received by the deadline, the City Clerk must select only one
argument for and one against, giving preference and priority in the following order to:
1) the legislative body, or member/members of the legislative body authorized by
that body;
2) the individual voters, or bona fide association of citizens, or combination of
voters and associations, who are bona fide sponsors or proponents of the
measure;
3) the bona fide association of citizens; or
4) individual voters who are eligible to vote on the measure.
In accordance with California Elections Code Section 9285, when an elections official receives
an argument relating to a city measure, she shall send a copy of the argument in favor of the
proposition to the authors of the argument against the measure and a copy of the argument
against the measure to the authors of any argument in favor of the measure immediately upon
receiving the arguments. The author or a majority of the authors of an argument relating to a city
measure may prepare and submit a rebuttal argument not to exceed 250 words. The final date for
filing a rebuttal argument with the City Clerk is 5:30 p.m. on Wednesday, August 20, 2008.
In general, no ballot argument shall be accepted unless it bears the name or names of the person
or persons submitting it, or if filed by an organization, the name of the organization and the name
of at least one of its principal officers. No more than five signatures shall appear with any
argument. All arguments must be accompanied by the form statement required by California
Elections Code 9600. The Elections Code also provides the method for the word count standard.
Arguments may be withdrawn by their proponents at any time prior to and including the final
date for filing arguments. An information sheet prepared by the City Clerk regarding measures
along with the required forms is attached to this report (Attachment C).
City_ Attorney’s Impartial Analysis
The City Council may direct the City Attorney to prepare an Impartial Analysis of the measure.
Direction to prepare such analysis is included in the attached ordinance. The analysis shall not
exceed 500 words in length and is due to the City Clerk by 5:30 p.m. on August 20, 2008.
RESOURCE IMPACT
There are numerous financial challenges facing the General Fund, including the need for new
revenue sources for facility and service enhancements. As stated in prior infrastructure studies
and as policy approved by Council, new infrastructure efforts and new service levels require new
revenue streams. As the Long Range Financial Forecast has demonstrated, there is very limited
capacity to absorb any new expenses. Debt financing the capital costs envisioned by the
LSMAR will require a fresh, ongoing revenue stream to finance the debt service.
CMR:321:08 Page 4 of 8
Based on Council direction on July 7, the bond measure will include the construction of a new
approximately 51,000 square foot combined Mitchell Park Library and Community Center (built
to LEED Gold green building standards), complete renovation and an approximately 4,000
square foot expansion of the Main library and a complete renovation of the Downtown library.
The total project costs eligible for bond funding are approximately $73 million. With financing
costs included, the total bond amount that would appear on the November ballot is $76 million.
Based on these numbers, the best estimate of the tax rate for this bond measure is $27 per
$100,000 of assessed property value.
The potential construction of a new, larger Mitchell Park Library and Community Center will
require an allocation of additional annual operating expenses, both from a facility maintenance
and library/community center operations standpoint. Staff has worked to develop an estimated
range of these anticipated annual operating costs, based on input from the Library, Community
Services, Utilities and Public Works departments as well as the independent library consultant
who has been working with Group 4 Architecture on these projects. These costs include the
following: additional library and community center staff necessary for larger Mitchell Park
facility (no more than 4 full time positions - three Library and one Community Center - as
recommended by library consultant); new Public Works Facilities Mechanic position for
building systems maintenance; custodial/maintenance costs; utility costs; library collection
maintenance; public computer replacement; security system costs; and furniture replacement.
The estimated annual cost for these items could range between $750,000 and $1.1 million. It is
difficult to produce a definitive estimate because the buildings are still in the preliminary design
phase. Additionally, based on the proposed construction schedules for the facilities, the total
annual amount would not be required before FY2013/14, allowing for these costs to be phased in
and evaluated over time.
The City has not provided the resources needed to maintain its existing infrastructure. Presently,
Facilities Maintenance staff maintains a workload that requires that each person handle three
times as much area per person as compared to industry standards. A recent report completed to
quantify the City’s facilities needs recommended adding 4 facilities technicians (one of which
has been budgeted for FY2008/09) and 12 temporary full-time equivalents to catch up with the
maintenance and repair backlog. Since sufficient resources are not currently provided for
existing facilities, additional facilities cannot be maintained without a corresponding increase in
staff and operating expense.
Staff will also be evaluating the required library staffing levels pending the outcomes of the
library technology plan. A report analyzing the benefits and costs of utilizing automated
materials handling (AMH) systems and RFID technology in the libraries will be finalized within
two months. A key recommendation of the draft report is that AMH technology be installed at
Main, Children’s, and Mitchell Park libraries if the proposed bond measure passes. This will
allow for some staff efflciencies and will support the projected rise in circulation at the improved
libraries. While the cost to purchase AMH systems for Main and Mitchell Park is estimated at
$700,000, the life span of this equipment is long - approximately 20 years.
Regardless of any potential offsets, there will be some additional level of annual operating and
maintenance costs. To address these added costs, staff will need to evaluate potential service
CMR:321:08 Page 5 of 8
reductions in the General Fund or look to future economic development tax revenues. If staff is
unable to make service adjustments immediately, there is an option to use one-time money in the
first few years of facility operations. Staff will continue to develop and refine a plan for
addressing these added costs pending approval of a potential bond measure in November.
In addition to the ongoing operating and maintenance costs, there are costs associated with
furnishing and equipping these new facilities that cannot be included in a bond measure. These
costs include the furnishings, fixtures, and equipment for the facilities. The current estimate for
these items is approximately $4.3 million (based on the May 19 presentation). The Palo Alto
Library Foundation has discussed spearheading a fundraising campaign with other organizations
to cover the costs of these items plus approximately $1 million for additional items for the
collection. If this campaign does not raise all of the anticipated funds, the City would have to
explore other one-time funding options for these costs.
POLICY IMPLICATIONS
This report is consistent with existing City policies and with the establishment of the Library
Plan/Public Safety Building as a Top 4 priority for 2008.
ENVIRONMENTAL REVIEW
Typically, the types of environmental approvals at issue for the proposed library projects are
handled by the Director of Planning and Community Environment, who has reviewed and
approved the environmental review documents for the library improvement projects described in
this report. However, given the scope and public interest in these projects, staff is also asking
Council to confirm the Director of Planning and Community Environment’s approvals.
Mitchell Park
An Initial Study (IS) prepared for the proposed new Mitchell Park Library and Community
Center analyzed the environmental impacts resulting from the project and identified mitigations
that would reduce the impacts to a less than significant level. The Initial Study concluded that
impacts associated with Aesthetics, Air Quality, and Hazardous Materials were potentially
significant and required mitigation measures. Air Quality and Hazardous Materials impacts are
construction-related and require mitigation only during construction. Best Management
Practices set forth by the Bay Area Air Quality Management District (BAAQMD) will be
incorporated in the project to meet air quality standards prescribed by the BAAQMD during
construction. In order to ensure that removal of hazardous materials do not pose a hazard to
either constructions workers or the public, safety protocols and best management practices for
removal of any hazardous materials either in the buildings or the soil will be required The
aesthetic impact of removal of several mature trees will be mitigated by tree replacement and
additional landscaping. Based on the analysis in the IS, a Mitigated Negative Declaration
(MND) was prepared and circulated for a 20-day public review period beginning May 16, 2008
through June 5, 2008. Although an IS/MND had been prepared for the Mitchell Park Library
and Community Center project in 2002 and the current project is significantly reduced in scope
and impact from the 2002 concept, staff prepared a subsequent ISiMND rather than amend the
CMR:321:08 Page 6 of 8
2002 IS/MND to provide an opportunity for public comment. The Director of Planning and
Community Environment adopted the Mitigated Negative Declaration on June 6, 2008.
Main Library_
A Final Environmental Impact Report (EIR) for the Main Library expansion (and the Art Center
project) was certified on June 24, 2002. The 2002 FEIR covered the library expansion, from
26,000 square feet to 66,000 square feet, and Art Center expansion, from 29,000 square feet to
56,000 square feet. The project has now been modified to remove the Art Center expansion
plans and considers instead a much smaller 4,000 square foot addition to the existing Main
Library. In 2007, an Addendum (dated November 24, 2007) to the 2002 EIR was prepared to
reflect the changes in the scope of the project. Based on the analysis in the Addendum, the
Director of Planning and Community Environment has determined that the FEIR certified on
June 24, 2002 provides adequate environmental clearance for the revised project and has
approved the Addendum.
Since the proposed project would reduce the total square footage from the previously analyzed
66,000 square feet to 30,763 square feet and retain the integrity of the historic building, the
Environmental Analysis reflected in the Addendum concludes no new impacts or mitigation
measures are required by the proposed project. The impacts and mitigation measures from the
2002 EIR are the same or modified to a lesser degree to reflect the smaller project, as
summarized below.
Biological Resources
The general impacts and mitigation measures from the 2002 EIR remain basically the same
although reduced in scope. The impacts and mitigations have been slightly modified because of
the reduction in the number of trees proposed for removal. Ten trees are now likely to be
removed whereas the 2002 project anticipated 85-121 trees to be removed. Replacement of
removed trees remains the mitigation measure.
Cultural Resources
Because the proposed project would not remove a building of historic significance (the Main
Library), the significant and unavoidable impact that was identified in the 2002 EIR has been
removed. The proposed project will be require, d to undergo review and approval by the Historic
Resources Board and would be required by the City to be consistent with The Secretary of the
Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
Thus, the impact of the proposed project on cultural resource values would be less than
significant.
CMR:321:08 Page 7 of 8
Downtown Library
The Downtown Library project is exempt for the California Environmental Quality Act, per
section 15301, ’"Existing Facilities." The proposed renovations to the Downtown Library are
limited to facility upgrades that will involve improvements related to the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features, and will involve
negligible or no expansion of current use of the Downtown Library.
ATTACHMENTS
Attachment A: AN ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO CALLING A SPECIAL ELECTION AND ORDERING THE
SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT
FOR THE PURPOSE OF CONSTRUCTION AND COMPLETION OF A
NEW MITCHELL PARK LIBRARY AND COMMUNITY CENTER,
RENOVATION AND EXPANSION OF MAIN LIBRARY, AND
RENOVATIONS TO DOWNTOWN LIBRARY TO THE QUALIFIED
VOTERS OF THE CITY OF PALO ALTO AT THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008
Attachment B: RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY DEMAND THE CONSTRUCTION AND COMPLETION
OF A NEW MITCHELL PARK LIBRARY AND COMMUNITY
CENTER, RENOVATION AND EXPANSION OF MAIN LIBRARY,
AND RENOVATIONS TO DOWNTOWN LIBRARY AND THEIR
FINANCING THROUGH THE ISSUANCE OF GENERAL
OBLIGATION BOND S
Attachment C: Information sheet from the City Clerk regarding measures
PREPARED BY:
Kelly Morariu
Interim Deputy City Manager
DEPARTMENT HEAD:
DIANE JENNINGS
Library Director
CITY MANAGER APPROVAL:
FRANK BENEST
City Manager
CMR:321:08 Page 8 of 8
Attachment C
CITY OF PALO ALTO MEASURES/ORDINANCES
If 2/3’s of the qualified voters voting on a proposed ordinance or measure
vote in its favor, the ordinance or measure shall be a valid and binding
ordinance of the city. The ordinance or measure shall be considered as
adopted upon the date that the vote is declared by legislative body, and
shall go into effect 10 days after that date.
The following are deadlines, established by the City-Clerk, relating to any
measure to appear on the November 4, 2008 ballot.
Deadline Item
August 4, 2008 Last regularly scheduled City Council meeting at
which a Special Election may be called.
August 13, 2008 Last day to file written arguments for or against a
measure not to exceed 300 words. Direct
arguments may not be changed or withdrawn after
this date. ’
August 20, 2008 Last day to file, change, or withdraw rebuttal
arguments not to exceed. 250 words.
No more than five signatures shall be accepted on an argument. All
signatures on arguments and any other related documents must be original
signatures. Faxed or photocopied signatures will not be accepted. PAMC
2.40.080 does not allow the use of Board or Commission titles in ballot
arguments.
Any signatory to rebuttal arguments must either have signed the original
argument or be authorized in writing from the authors of the argument to
sign the rebuttal argument. The written authorization allowing a person to
sign a rebuttal argument must be filed at the time of filing the rebuttal
argument.
Text for arguments in the sample ballot pamphlets are printed single-
spaced, full-justified, standard paragraph form. Only standard bullets (-)
will be printed and non-standard bullets will be changed to standard bullets.
You may boldo italicize and underline text.
Arguments are confidential until after the deadline for the filing of those
arguments.
Guidelines for Counting Words
These guidelines are to aid you with computing the word count for arguments. The Registrar of
Voters will make final determination. The author’s titles and signatures are not counted in the
word count, only the text. Punctuation does not count as a word.
WORD_~COUNT
Dictionary words One
The words "I", "a", "the ", "and", etc. are counted as individual words.
Abbreviations/Acronyms
Examples: SJSU, PTA, U.S.M.C., S.J.P.D.
One
Geographical names One
Examples:City of San Jose
County of Santa Clara
San Jose Unified School District
Numbers/Numerical Combinations:
Digits (1, 10, or 100, etc.)
Spelled out (one, ten, or one hundred)
50%, ½, etc.
One
One
One
Numbers or letter used to identify a portion of text
Examples: (1) or (a)
One
Dates:
All digits (01/01/04)
Words and digits (January 1, 2004)
One
Characters used in place of a word or number
Examples: & or #
One
Hyphenated words:
Hyphenated words that appear in any dictionary printed in the United States in the last 10
years shall be considered as one word. Each part of all other hyphenated words shall be
counted as separate words.
Mother-in-law One
one-half Two
ARGUMENT FILER CHECKLIST
Have you completed or complied with the following?
Authors meet criteria to sign
Author’s title as signed meets criteria
Check which criteria author is signing pursuant to
Residential address completed if author meets eligible voter criteria to sign
Required form statement signed by author
One to five author signatures
Author signatures numbered in order of appearance
Only author’s name on name line
Only author’s TYPED title on title line
Author’s TYPED name exactly matches signed name
Author’s gender circled
All signatures are original signatures
Contact information supplied
Not more than 300 words
File argument by deadline
REBUTTAL ARGUMENT FILER CHECKLIST
Have you completed or complied with the following?
If different authors, submit written authorization
Required form statement signed by author
One to five author signatures
Author signatures numbered in order of appearance
Only author’s name on name line
Only author’s title TYPED on title line
Author’s TYPED name exactly matches signed name
Author’s gender circled
All signatures are original signatures
Not more than 250 words
Contact information supplied
File rebuttal argument by deadline
SANTA CLARA COUNTY
REGISTRAR OF VOTERS
ARGUMENT
DECLARATION BY AUTHOR(S) OR PROPONENT(S)
(Elections Code § 9161, 9164, 9501, 9501.5, 9600)
The undersigned author(s) of the argument in favor oflagainst ballot measure
(title of election)
to be held on
of
at the
(circle one)(letter)
election for the
(name of jurisdiction)
hereby state that such argument is true and correct to the best
(date of election)
knowledge and belief.
(his / her / their)
Signature Date Residential Address
Type Title to Appear on Argument Type Name as Signed Male/Female
Author meets criteria of: ~ Gov. Bd. Member ~ Principal Officer of Bona Fide Assoc. ~ Reg. Voter in Dist.
Signature Date Residential Address
Type Title to Appear on Argument
Author meets criteria of:Gov. Bd. Member
Signature Date
Type Name as Signed MalelFemale
Principal Officer of Bona Fide Assoc. ~ Reg. Voter in Dist.
Author meets criteria of:.
4.
Type Title to Appear on Argument
Gov. Bd. Member
Author meets criteria of:
5.
Signature
Signature Date
Type Title to Appear on Argument
~ Govo Bd. Member
Date
Residential Address
¯Type Name as Signed MalelFemale
Principal Officer of Bona Fide Assoc. ~ Reg. Voter in.Dist.
Residential Address
Type Name as Signed
Principal Officer of Bona Fide Assoc.
Male/Female
Reg. Voter in Dist.
Residential Address
Type Title to Appear on Argument
Author meets criteria of;Gov. Bd. Member
Type Name as Signed Male/Female
Principal Officer of Bona Fide Assoc. ~ Reg. Voter in Dist.
Contact Person Telephone #Fax #
REBUTTAL ARGUMENT
DECLARATION BY AUTHOR(S) OR OTHER PERSON(S) AUTHORIZED BY AUTHOR
(Elections Code § 9164, 9167, 9504, 9600)
The undersigned author(s) of the rebuttal to the argument in favor oflagainst ballot measure
(title of election)
to be held on
of
election for the
(circle one)(letter)
(date of election)
at the
(his / her / their)
(name of jurisdiction)
hereby state that such argument is true and correct to the best
knowledge and belief.
Signature . Date
Type Title to Appear on Rebuttal
Signature Date
Type Name as Signed Male/Female
Type Title to Appear on Rebuttal
Signature Date.
Type Title to Appear on Rebuttal
Signature
Type Title to Appear on Rebuttal
Date
Signature Date
Type Name as Signed Male/Female
Type Name as Signed Male/Female
Type Name as Signed Male/Female
Type Title to Appear on Rebuttal Type Name as Signed Male/Female
Contact Person Telephone #Fax #
SANTA CLARA COUNTY
REGISTRAR OF VOTERS
REBUTTAL SIGNER AUTHORIZATION
The author of an argument may sign the rebuttal argument or may authorize in writing any other person to
author/sign the rebuttal argument. Below is a sample of written authorization that is required when the author
of the argument does not sign the rebuttal argument but instead has another person sign in their place. All
required signatures must be 9riginal signatures.
Date of Election
As a signer on the Argument in favor of .! against
(circle one)
(Jurisdiction)
Measure in the
, I authorize
(new rebuttal signer)
to sign the rebuttal argument in my place.
Signature Printed Name
Date of Election
As a signer on the Argument in favor qf/against Measure
(circle one)
in the
(Jurisdiction)
, I authorize
(new rebuttal signer)
to sign the rebuttal argument in my place.
Signature Printed Name