HomeMy WebLinkAboutStaff Report 233-10TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE: MAY 3, 2010 CMR: 233:10
REPORT TYPE: CONSENT
SUBJECT: Adoption of an Ordinance Approving and Adopting a Plan for
Improvements to the Nolte Property Addition to Mitchell Park
RECOMMENDATION
Staff recommends that the City Council approve and adopt the attached Park Improvement
Ordinance for library and community center improvements to the Nolte Property Addition to
Mitchell Park (Attachment A).
BACKGROUND
On November 24, 2008, Palo Alto residents voted to approve Bond Measure N to provide
funding for the construction and renovation of the Downtown Library, the Mitchell Park Library,
the Mitchell Park Community Center and Main Library. The existing Mitchell Park Community
Center is currently located within the boundaries of the Nolte Property Addition of Mitchell
Park, which is dedicated parkland. A Park Improvement Ordinance (PIO) is required whenever
any project may affect the use, protection or enjoyment of parks or open space lands; therefore,
construction of the new Community Center and Library buildings will require a Park
Improvement Ordinance, even though the new facility provides the same services and programs
as the existing buildings.
DISCUSSION
On July 21, 2008, the City Council approved and confirmed a Mitigated Negative Declaration
prepared by the Planning and Community Environment Department for the new Mitchell Park
Library and Community Center.
Improvements to the Nolte Property Addition will include:
• Demolition of the Mitchell Park Library, Community Center and parking lot
• Construction of a new joint-use facility consisting of a two-story library and two single
story community center buildings
• The library building will occupy 40,115 square feet and the community center will
contain 16,052 square feet of space for a total project square footage of 56,168
CMR:233:10 Page 1 3
• The main entrance to this project will be at the stop light on Mayview A venue to improve
traffic circulation
• Re-landscaping the site, retaining nine trees and replacing approximately 72 trees in order
to accommodate the new buildings. ,.
The Park and Recreation Commission reviewed the project at its April 27, 2010 meeting, and
voted unanimously 7-0 to recommend to the City Council the adoption of a park improvement
ordinance for the project (Attachment A). .
RESOURCE IMPACT
Council approval of the attached Park Improvement Ordinance will allow the Mitchell Park
Library and Community Center -New Construction Project (CIP PE-09006) to proceed as
planned The project is part of the Measure N Library Bond passed by voters on November 8,
2008.
POLICY IMPLICATIONS
This report does not represent any change to existing City policies. The proposed project is
consistent with park, recreation and conservation purposes.
TIMELINE
The tentative project time line, subject to change, is as follows:
• First Reading, May 3, 2010;
• Second Reading, May 17,2010;
• Closure of Library and Community Center, June 12,2010;
• Demolition of the Mitchell Park Library, Community Center and parking lot, no earlier
than July 5 (more than 30 days after second reading);and
• Construction is scheduled to take two years.
ENVIRONMENTAL REVIEW
On July 21, 2008, the Council confirmed the Director of Planning and Community
Environment's (PCE) approvals of a Mitigated Negative Declaration (MND) for the Mitchell
Park Library and Community Center.
ATTACHMENTS
Attachment A:
Attachment B:
Park Improvement Ordinance
City Attorney's Report
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CMR:233:10 Page 2
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Page 3
Attachment A
NOT YET APPROVED
Ordinance No.
Ordinance of the Council of the City of Palo Alto Approving
and Adopting a Plan for Improvements to the Nolte Property
Addition to Mitchell Park
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and Section 22.08.005 of
the Palo Alto Municipal Code require that, before any substantial building, construction,
reconstruction or development is commenced or approved, upon or with respect to any land held
by the City for park purposes, the Council shall first cause to be prepared and by ordinance
approve and adopt a plan therefor.
(b) The existing Mitchell Park Community Center (the "Center"), which layout is
depicted in Exhibit "A", is located within the boundaries of the Nolte Property Addition (the
"Addition") to Mitchell Park, which is dedicated to park purposes. The existing Mitchell Park
Library (the "Library") is not located within the Addition's boundaries.
(c) On November· 24, 2008, over 69 percent of registered voters in Palo Alto
approved Measure N, which provided for bond financing of the construction and renovation of
the Downtown Library, the Mitchell Park Library and the Mitchell Park Community Center, and
the Main Library. The City intends to authorize the construction of a new Mitchell Park Library
and Community Center (the "Project"), which new buildings shall be located within the
boundaries of the Addition, but the new parking lot will be located outside of the Addition, as
depicted in the Mitchell Park Library and Community Center layout (the "Plan"), attached as
Exhibits "B" and "C". The Plan of improvements shall comprise, as follows:
100426 jb 0073350
(1) The Project will result in the demotion of the Library and the Center
and existing parking lot and in the construction of a new two-story,
joint-use library (depicted as Building A) and two single-story
community center buildings (depicted as Buildings Band C) within
the boundaries of the Addition and a new parking lot at the site of the
existing Library.
(2) The new Building A library will occupy 40,115 gross square feet of
space and the new Buildings Band C community center will contain
joint use spaces, totaling 16,052 gross square feet of space, or an
aggregate of 56, 168 gross square feet for the Project.
(3) The Project's layout will align the main entrance to the Project with
Mayview Avenue in order to improve on-site traffic circulation in
conjunction with existing traffic signals.
1
NOT YET APPROVED
(4) After the completion of construction, the two sites on which the
Library and Center are located will be re-Iandscaped; nine optimally
rated trees will be retained, and approximately 72 trees will be
removed in order to accommodate the new Buildings A, Band C and
the new parking lot.
(5) The Project's improvements will not impact protected trees and other
environmentally sensitive resources. Existing park uses will be
restored after the Project is completed.
(d) The Project described above and as otherwise depicted In the attached
exhibits, is consistent with park, recreation and conservation purposes.
(e) The Council desires to approve the Plan for the Project described above and
as depicted in the Plan's Exhibits Band C.
SECTION 2. The Council hereby approves the Plan for the construction of the
Mitchell Park Library and Community Center, and it hereby adopts the Plan as a part of the
official plan for the construction of the new Mitchell Park Library and Community Center.
SECTION 3. On July 21, 2008, the Council approved and otherwise confirmed a
Mitigated Negative Declaration prepared by the Department of Planning and Community
Environment for the new Mitchell Park Library and Community Center.
SECTION 4. This Ordinance hereby amends Ordinance No. 2434, adopted May
6, 1968, pertaining to a plan of improvement for the existing Mitchell Park Community Center,
also known as the Mitchell Park Recreation Center BUilding.
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SECTION 4.
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
Clerk
APPROVED AS TO FORM:
Senior Asst City Attorney
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NOT YET APPROVED
This ordinance shall be effective on the thirty-first day after the
Mayor
APPROVED:
City Manager
Director of Community Services
Director of Administrative Services
Director of Public Works
3
100405 jb 0073350
NOT YET APPROVED
EXHIBIT "A"
EXISTING
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EXHIBIT"B"
PROPOSED
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Attachment B
THE HONORABLE CITY COUNCIL
Palo Alto, California
FROM CITY ATTORNEY
Council Date: May 3, 2010
April 23, 2010
RE: Park Improvement Ordinance for Mitchell Park Library
Dear Members of the Council:
About two weeks ago staff determined that the new Mitchell Park Library and
Community Center will be placed upon dedicated parkland. Due to the upcoming bond issuance
our office referred the question of whether this could be covered by a Park Improvement
Ordinance ("PIO") to Bill Madison of Jones Hall, the City's bond counsel. He concluded that
the Council should pass a Park Improvement Ordinance in order to accommodate the new
Mitchell Park Library and Community Center.
I have reviewed his opinion, and agree. In addition, the original Mitchell Park
Community Center was built following the passage of a PIO so this PIO is consistent with past
practice for the site and is essentially an amendment of the old PIO. It could also be argued that
the voter-approved Ballot proposition for the bonds for the Library and Community Center,
passed by more than 69% of the electorate, referred to the Mitchell Park Library and Community
Center, indicating that the electorate was informed of the park location. It is my opinion that this
conclusion applies to this unique circumstance only.
GMB:sh
cc: James Keene, City Manager
Pamela Anti!, Assistant City Manager
Steve Emslie, Deputy city Manager
Diane Jennings, City Librarian
Greg Betts, Community Services Director
100423 sh 01 11432
Respectfully submitted,
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GARY M. BAUM !
City Attorney