HomeMy WebLinkAbout2009-10-26 City Council Agenda Packet
1 10/26/09
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
Agenda posted according to PAMC Section 2.04.070. A binder containing supporting materials is available in the Council Chambers on the Friday preceding the meeting.
Special Meeting
Council Chambers
October 26, 2009
6:00 PM
ROLL CALL
CLOSED SESSION
This item may occur during the recess or after the Regular Meeting.
Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker.
THE FOLLOWING CLOSED SESSION WILL BE HELD WITH THE CITY LABOR NEGOTIATORS.
1. CONFERENCE WITH LABOR NEGOTIATORS
Agency Negotiator: City Manager and his designees pursuant to
Merit System Rules and Regulations (James Keene, Kelly Morariu,
Russ Carlsen, Sandra Blanch, Darrell Murray, Marcie Scott, Lalo Perez,
Joe Saccio)
Employee Organization: Local 521 Service Employees International
Union
Authority: Government Code Section 54957.6(a)
SPECIAL ORDERS OF THE DAY
2. Proclamation National Domestic Violence Awareness Month
ATTACHMENT
3. Appointments for the Architectural Review Board for Three Three-Year
Terms Ending on September 30, 2012
ATTACHMENT PUBLIC COMMENT
4. Appointment for the Public Art Commission for One Unexpired Three-
Year Term Ending on April 30, 2012
ATTACHMENT PUBLIC COMMENT
CITY MANAGER COMMENTS
ORAL COMMUNICATIONS
Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the
right to limit the duration or Oral Communications period to 30 minutes.
10/26/09 2
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
CONSENT CALENDAR
Items will be voted on in one motion unless removed from the calendar by two Council Members.
5. Approval of a Conditional Use Perm it and a Record of La nd Use Action
to Allow After School Enrichment Activities, Homework Assistance, and
Tutoring for Up to 10 Children at a Time at the Sunday School Class
Rooms of the Existing Trini ty Luth eran Churc h at 1295 Middlef ield
Road
CMR 403:09 & ATTACHMENT
6. Approval of a One Percent for Art in City Capital Improvement Projects
Contract with Artis t Bruce Beasley in the Amount of $270,000 for the
Creation and Installation of an Artw ork (Sculpture) for the Mitchell Park
Library and Community Center (CIP Project PE-09006)
CMR 410:09 & ATTACHMENT
7. Adoption of a Resolution Approv ing the Form of an d Authorizing the
Execution and Delivery of a Purchase and Sale Agreement and Related
Documents with R espect to the Sale of the Seller’s Proposition 1A
Receivable from the State; and Directing and Authori zing Cert ain
Other Actions in Connection Therewith
CMR 413:09 & ATTACHMENT
ACTION ITEMS
Include: Public Hearings, Reports of Co mmittees/Commissions, Ordinances and Resolutions, Reports of Offic ials,
and Council Matters
8. Adoption of Resolution Imposing the City’s Last, Best and Final Offer to
Service Employees’ International Union (SEIU) Local 521 Pursuant to
Government Code Section 3505.4
CMR 414:09 & ATTACHMENT
AGENDA CHANGES, ADDITIONS, AND DELETIONS
HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minut es at the outset of the
public discussion to make their remarks and put up to three minutes for concluding remarks after other members
of the public have spoken.
OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be
limited to a maximum of three minutes per speaker.
UNFINISHED BUSINESS
10/26/09 3
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
9. Colleague’s Memo from Council Me mbers Kishimoto, Klein, and Yeh
Regarding Directing the City Manager to Explore Ways to Reduce
Potable Water Use in Palo Alto by 20 Percent by 2020
(Continued by Council Motion on October 5, 2009)
ATTACHMENT
10. Review of Community Suppo rted Agriculture (CSA) Pilo t Progra m at
Palo Alto City Hall King Plaza and Make Recommendatio ns for
Continuation of the Program
(Continued by Council Motion on October 19, 2009)
CMR 405:09 & ATTACHMENT
ACTION ITEMS
Include: Public Hearings, Reports of Co mmittees/Commissions, Ordinances and Resolutions, Reports of Offic ials, and Council Matters
11. Parks & Recreation Commission Recommendation to Adopt a Mi tigated
Negative Declaration and the Foothills Fire Management Plan
CMR 326:09 & ATTACHMENT
12. Approval of Amendment No. 2 to Contract No. C08121737 with Axon
Solutions, Inc. in the Amount of $395,120 for a Total Not to Exceed
Amount of $8,774,579 for S oftware System Support Services for SAP
Industry-Specific Solution for Utilitie s; and Adoption of an Enterprise
Funds Budget Amendment Ordinance for Fiscal Year 2010 to
Increase Appropriations of $445,120 to CIP TE-07006, SAP
Continuous Improvement Project
CMR 387:09 & ATTACHMENT
COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS
Members of the public may not speak to the item(s).
ADJOURNMENT
Persons with disabilities who require auxiliary aids or services in using City facilities, services, or programs or who
would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact 650-329-2550 (Voice) 24 hours in advance.
CITY OF PALO ALTO
PROCLAMATION
NATIONAL DOMESTIC VIOLENCE
AWARENESS MONTH
WHEREAS, October is National Domestic Violence Awareness Month; and
WHEREAS, Asians make up 17% of Palo Alto’s population and over 30% of the Santa Clara
County population; and
WHEREAS, language and cultural barriers often make it more difficult for abused Asian
women, men, and children to reach out and receive needed help when in abusive situations; and
WHEREAS, Asian Americans for Community Involvement (AACI) is a 36-year-old health
and human services 501(c)(3) nonprofit organization with roots in Palo Alto; and
WHEREAS, AACI began its domestic violence program in 1986 and operates an emergency
shelter and 24-hour hotline to help victims of domestic violence; and
WHEREAS, in October 2009 AACI launched a new website (www.sjawh.org) that provides
domestic violence information and resources in English, simplified and traditional Chinese, and
Vietnamese; and
WHEREAS, callers can also access multilingual help by dialing a 24-hour crisis hotline at
(408) 975-2739; and
WHEREAS, there is no excuse for domestic violence.
NOW, THEREFORE, I PETER DREKMEIER, Mayor of the City of Palo Alto, on behalf
of the City of Palo Alto commends AACI for multilingual, multimedia education about domestic
violence and resources available to women, men, and children in need.
Presented: October 26, 2009
______________________________
Peter Drekmeier
Mayor
October 22, 2009 HONORABLE CITY COUNCIL City of Palo Alto SUBJECT: Appointments for the Architectural Review Board for three three-year terms ending on September 30, 2012. Dear Council Members: On Monday, October 26, 2009 the City Council should vote to appoint three three-year terms ending on September 30, 2012. The Candidates are as follows:
Kaori Abiko
Alexander Lew
Gordana Pavlovic
Stephen Sowa
Judith Wasserman
Betsy Webster
Heather Young Voting will be by paper ballot. Five votes are required to be appointed. The first three candidates that receive at least five votes will be appointed. Respectfully submitted, Ronna Jojola Gonsalves Deputy City Clerk cc: Donna Grider, City Clerk Russ Reich, Staff Liaison
HONORABLE CITY COUNCIL
City of Pa 10 Alto
CitJof :e~()Alto 4
Office of the City Clerk
October 22, 2009
SUBJECT: Appointment for the Public Art Commission for one unexpired three
year term ending on April 30, 2012.
DearCoundl Membe~:
On Monday, October 26, 2009 the City Council should vote to appoint one term
ending on April 30, 2012.
The Candidates are as follows:
Susan Kraft-Yorke
Michael Smit
Voting will be by paper ballot. Five votes are required to be appointed. The
first candidate to receive at least five votes will be appointed.
cc: Donna Grider, City Clerk
Kelly Morariu, Staff Liaison
Respectfully submitted,
.~~~~~-
Ronna Jojola Gonsalves
Deputy City Clerk
P.O. Box 10250
Palo Alto, CA 94303
650.329.2571
650.328.3631 fax
City of Palo Alto
City Manager's Report
-_.-_._---_ .. __ ._---_._-----------------_ .. _----_.
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: OCTOBER 26, 2009
REPORT TYPE: CONSENT CALENDAR
5
DEPARTMENT: PLANNING AND
COMUNITY ENVIRONMENT
CMR: 403:09
SUBJECT: Approval Of A Conditional Use Permit And A Record Of Land Use
Action To Al10w After School Enrichment Activities, Homework
Assistance, And Tutoring For Up To 10 Children At A Time At The
Sunday School Class Rooms Of The Existing Trinity Lutheran
Church
EXECUTIVE SUMMARY
This report conveys to the City Council the recommendations of the Planning and Transportation
Commission (P&TC) and staff regarding the tentative approval of a Conditional Use Permit for
an after school enrichment program in one of the classrooms of the existing church at 1295
Middlefield. The P&TC considered comments from two concerned residents about traffic, noise,
and appropriateness of use, but found that the required conditional use permit findings could be
made with the conditions of approval recommended by staff.
RECOMMENDATION
Staff and the Planning and Transportation Commission recommend that the City Council
(Council) approve on consent the attached Record of Land Use Action approving the Conditional
Use Permit (CUP), based upon the findings and conditions of approval in the Record of Land
Use Action (RLUA).
BACKGROUND
Section 18.77.060 ofthe.Palo Alto Municipal Code (PAM C) provides for a Council "call up"
review of CUP applications that have been reviewed by the P&TC. Instead of the project
automatically being heard by Council, the recommendation of the P&TC is placed on the consent
calendar ofthe City Council within 30 days of the P&TC's review. In the case of Conditional
Use applications, a minimum of three Council Member votes are required to remove the project
from the consent calendar and schedule it for a subsequent City Council meeting. Otherwise, the
recommendation of the P&TC stands and no hearing is held. If the Council votes to hear the
item, a hearing shall be scheduled as soon as practicable.
CMR: 403:09 Page I of3
On August 13, 2009, within the request for hearing period, the City received a request for a
P&TC hearing of the CUP that had been tentatively approved by planning staff on July 28, 2009.
The P&TC held the hearing on September 23,2009. Further background information on this
item is provided the attached staff report to the PT &C (Attachment C).
DISCUSSIO.k
The conditional use permit application requests a permit to provide after school enrichment
activities, homework assistance, and tutoring for up to 10 children at a time in the Sunday School
classrooms of Trinity Lutheran Church. The tutoring would be provided within the existing
facilities, which are used on weekends for Sunday school classes. No physical changes are
currently planned for the building, although the conditions of approval do require compliance
with the building and fire codes for Occupancy E uses. The applicant's project description
(Attachment B) states that there will be no more than 10 children at one time, and the tutoring
will only occur on week days from 3:30 -6:30 PM, except on Wednesdays when a start time of
1 :30 PM was requested. Prior to the P&TC meeting, the applicant notified staff that the hours
would actually be 3:15-6:00 PM except for Wednesdays which would be 2:00-6:00 PM so that
the total number of hours per week would be reduced from 17 to 15 hours. The conditions of
approval in the draft Record of Land Use Action (Attachment A) have been modified to reflect
this change. Additionally, since the P&TC meeting, clarification as to potential improvements
needed to ensure fire safety has been obtained and the approval conditions reflect the resolution
of this issue.
COMMISSION REVIEW AND RECOMMENDATIONS
On September 23,2009, the P&TC reviewed the project and unanimously recommended that the
City Council uphold the Director of Planning and Community Environment's decision to
approve the application pursuant to PAMC Section 8.76.030 with no additional conditions.
In addition to the applicant and the representative of the church, two members of the public
spoke on this item at the P&TC hearing. The issues discussed included potential for noise and
traffic impacts, along with the potential need for modifications for fire safety.· After this
discussion, the P&TC recommended approval without any further conditions or changes. The
request for hearing correspondence, along with a letter received at the P&TC hearing, and
questions from commissioners are included as Attachments E, F, and G.
RESOURCE IMPACTS
The approval of the CUP by Council would not result in any cost and/or revenue impacts to the
City. All development review costs have been recovered through permit fees.
POLICY IMPLICATIONS
The proposed use, as conditioned, is consistent with the Comprehensive Plan in that the small
afterschool program is compatible with the neighborhood character and would not create traffic
or parking problems as specified in the Single Family Residential land use designation.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA).
CMR: 403:09 Page 2 of3
PREPARED BY:
DEPARTMENT HEAD:
"""'-",-""J,ll.munity Environment
CITY MANAGER APPROVAL:
ATTACHMENTS
A. Record of Land Use Action
B. Project Description, received June 8, 2009
C. Planning and Transportation Commission Staff Report, September 23, 2009
D. Excerpt of the Draft Planning & Transportation Commission Minutes, September 23.2009
E. Request for Hearing Correspondence
F. Correspondence received at hearing on September 23,2009
G. Questions from Commissioners and Staff Responses
H. Location Map
COURTESY COPIES
Alan Clark, Applicant
Trinity Evangelical Lutheran Congregation, Owner
Eva Papp, Neighbor
Jane Yang, Champion Youth Enrichment School
CMR: 403:09 Page 3 of3
ATTACHMENT A
APPROVAL NO. 2009
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO
LAND USE APPROVAL FOR
1295 MIDDLEFIELD ROAD: CONDITIONAL USE PERMIT 09PLN-00131
(Alan Clark, APPLICANT)
On October 19, 2009, the Council approved the Conditional
Use Permit to allow after school enrichment activities, homework
assistance, and tutoring for up to 10 children at a time in the
Sunday School class rooms of Trinity Lutheran Church, making the
following findings, determination and declarations:
SECTION 1. Background. The City Council of the City of
Palo Al to ("City Council ll ) finds, determines, and declares as
follows:
A. On June 8, 2009, Alan Clark applied on behalf of
Trinity Evangelical Lutheran Congregation allow school
enrichment activities, homework assistance, and tutoring for up to
10 children at a time in the Sunday School class rooms of Trinity
Lutheran Church ("The Project").
B. The project was deemed complete on July 28, 2009. A
tentative Director's Decision was prepared approving the
conditional use permit on July 28, 2009. A hearing before the
Planning & Transportation Commission ("PTC") was requested on
August 13, 2009. PTC held a publ hearing on September 23,
2009 to consider the appeal. The PTC voted to recommend approval of
the conditional use permit and to uphold the Director's decision.
SECTION 2. Environmental Review.
categorically exempt from the provisions
Environmental Quality Act (CEQA).
of
The
the
SECTION 3. Conditional Use Permit Findings
project is
California
1. The proposed use, at the proposed location, will not
be detrimental or injurious to property or improvements in the
vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience.
The proposed use at the proposed location will not be
detrimental or injurious to property or improvements in the
vicinity, and will not be detrimental to the public health,
safety, general welfare or convenience, in that size of the
proposed tutoring center will be limited to no more than 10
students at anyone time and will be limited to afternoon
1
hours on weekdays. The use will not impact neighbors as
there is sufficient parking located onsite for the existing
church facilities which are underused during the week.
2. The proposed use will be located and conducted in a
manner in accord with the Palo Alto Comprehensive Plan and the
purposes of the Zoning Ordinance.
The proposed use will be located and conducted in a manner
in accordance with the Palo Alto Comprehensive Plan and the
purpose of Title 18 of the Palo Alto Municipal Code, in
that this use is consistent with the underlying residential
land use designation and is compatible with the surrounding
residential land uses as an accessory activity to the
existing religious institution and is similar in character
to allowed private educational facilities. Enrichment
activities and education support in the form of weekend and
after school activities are common accessories to the
permitted worship activities at religious institutions. The
proposed use requires a Conditional Use Permit because it
will use more than 200 square feet of floor area.
SECTION 4. Conditional Use Permit Granted. Conditional
Use Permit No. is granted 'to allow after school enrichment
activities, homework assistancel and tutoring for up to 10 children
at a time in the Sunday School class rooms of Trinity Lutheran
Church.
SECTION 5. Conditions of Approval.
Department of Planning & Community Environment
Planning Division
1. The use shall be conducted in substantial conformance with
the project description letter received on June 8, 2009
that is on file with the City of Palo Alto Planning
Division.
2. Hours of operation: The permitted hours of operation
shall be from 3:15 PM -6:00 PM 1 Monday through Friday,
with an earlier start time of 2:00 PM on Wednesdays, but
not to exceed 15 hours per week.
3. Drop-off and pick-up of children shall be limited to the
parking lot area and shall not occur on Middlefield Road
or Melville Avenue or Fulton Street.
2
4. Revocation or Modification of Approvals: The director may
issue a notice of noncompliance for any failure to comply
with any condition of this permit approval, or when a use
conducted pursuant to a conditional use permit is being
conducted in a manner detrimental to the public health,
safety and weI
5. A copy of this approval letter shall be printed on the
cover any plans submitted for building permit(s).
Fire Department
6. Comply with the 2007 CA Fire Code and local amendments
regarding a Group E Occupancy. If the use is in only one
class room then fire alarm requirements will only be for
that room.
Building Department
7. Comply with the 2007 CA Building Code and local amendments
regarding a Group E Occupancy. If the use is in less than
10% of the existing building then it could be classified
as an accessory use and therefore seismic upgrade would be
required only if the four walls of the class room are not
shear walls able to support the lateral load of that room.
Utilities -Electrical Engineering
8. Applicant/Developer shall notify Utilities Engineering
(Electric) if the proposed renovation/change of use has
any impact on the existing electrical service size,
voltage, or location. If there are any changes, the
Utilit will provide comments and/or conditions along
with any applicable fees and cost estimate.
Permit
approval,
Municipal
PASSED:
AYES:
NOES:
ABSENT:
Term of Approval. If the Conditional Use
s not used within one year of the date of council
shall become null and void, pursuant to by Palo Alto
Code Section 18.77.090(a).
ABSTENTIONS:
3
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
PROJECT DESCRIPTION REFERENCED:
APPROVED:
Director of Planning and
Community Environment
1. The project description prepared by Alan Clark, consisting of
one page, dated received June 8, 2009.
4
Project Request Letter
Location:
Trinity Lutheran Church
1295 Middlefield Road
Palo Alto, CA 94301
(650)853-1295
Zone: R-1
ATTACHMENT B
~ ~-~'C i::: I VE':')
JUN 08 2009
There are no architectural changes or building modification requested.
Requested Use
• Use the room to provide enrichment activities, homework assistance, and tutoring
during the week in the afternoon.
Current Use
• The room is used'as a Sunday School classroom on Sundays.
Site Details ,
• Size of the room:
• Size of the building:
• Anticipated Number of Children: <10
Parking Assessment:
• No impact to on the street parking.
• Parking Lot:
• Usually empty during the day .
.• ¢empty spaces
35
Traffic Assessment:
• Assume parents pick up children between 5:00 pm to 6:00 pm. At worst case (10
children) that would mean an additional car every six minutes.
Hours:
• M,T,Th,F: 3:30pm -6:00pm
• W:~pm-6:00pm
t:"":J)
TO:
FROM:
ATTACHMENT C
PLANNING & TRANSPORTATION
DIVISION
STAFF REPORT
PLANNING & TRANSPORTATION COMMISSION
Jennifer Cutler
Planner
DEPARTMENT: Planning and
Community Environment
AGENDA DATE: September 23, 2009
SUBJECT: 1295 Middlefield Road [09PLN·OOI311: Review of and recommendation
to the City Council on a Conditional Use Permit and Record of Land Use
Action to allow after school enrichment activities, homework assistance,
. and tutoring for up to 10 children at a time in the Sunday School class
rooms of the existing Trinity Lutheran Church. Environmental
Assessment: Exempt from the provisions of CEQA. Zone District: R-l.
RECOMMENDATION:
Staff recommends that the Planning and Transportation Commission (P&TC) recommend that
the City Council (Council) approve a record of Land Use Action approving the Conditional Use
Permit to allow after school enrichment activities, homework assistance, and tutoring for up to 10
children at a time in the Sunday School class rooms of Trinity Lutheran ·Church, based upon the
findings and conditions of approval in the Record of Land Use Action (Attachment A).
BACKGROUND
A conditional use permit application was received on June 8, 2009 and tentatively approved by the
Planning Manager, on behalf of the Director of Planning and Community Environment, on July 28,
2009. On August 13,2009, within the request for hearing period, a request for hearing was made.
No comments from the public were received during the 21-day comment period after the receipt
of application. Concerns and a request for this hearing were received after the tentative approval
was published and are summarized below and included as Attachment D.
Project Description
The conditional use permit application requests a permit to provide after school enrichment
activities, homework assistance, and tutoring for up to 10 children at a time in the Sunday School
City of Palo Alto Page 1
class rooms of Trinity Lutheran Church. The tutoring would be provided within the existing
facilities, which are used on weekends for Sunday school classes. No physical changes are
planned, though the conditions of approval do require compliance with the building and fire
codes for Occupancy E uses. The applicant's project description (Attachment C) states that there
will be no more than 10 children at one time, and the tutoring will only occur on week days from
3:30 -6:30 PM, except on Wednesdays when a start time of 1:30 PM was requested. The
applicant has since notified staff that the hours would actually be 3: 15-6:00 PM except for
Wednesdays which would be 2:00-6:00 PM so that the total number of hours per week would be
15 hours. The conditions of approval in the draft Record of Land Use Action (Attachment A)
have been modified to reflect this change.
SUMMARY OF LAND USE ACTION:
Background information related to the project's details and history has been included within the
Record of Land Use Action, which contains findings and conditions of approval. The action
required of the Planning and Transportation Commission (Commission) is a recommendation on
the Conditional Use Permit. A Conditional Use Permit is required for accessory facilities in
excess of 200 square feet in size, as shown in PAMC Section 18.12.030, Table 1. This
afterschool tutoring is categorized as an accessory to the existing religious institution.
Procedure for review by the Commission upon request for hearing is as follows:
Hearing and Recommendation (Upon Request) by the Planning and Transportation
Commission
(1) Within 45 days following the filing of a timely hearing request of a proposed
director's decision or revised proposed director's decision the planning and
transportation commission shall hold a hearing on the application, unless the
request is withdrawn as described above.
(2)Notice of the revised director's decision shall be given by mail to owners and
residents of property within 600 feet of the property, by publication, bye-mail,
and by posting in a public place. Notice shall include the address of the property, a
brief description of the proposed project, and the date, time and location of the
hearing.
(3)Following the hearing, the planning and transportation commission shall make a
recommendation on the application, which shall be forwarded to the city counciL
(Palo Alto Municipal Code (PAMC) Section 18.77.060(e»
Procedure for review by the Council upon recommendation from the Commission is as follows:
The recommendation of the planning and transportation commission on the
application shall be placed on the consent calendar of the council within 30 days.
The council may:
(1) Adopt the findings and recommendation of the planning and transportation
commission; or
(2) Remove the recommendation from the consent calendar, which shall
City of Palo Alto Page 2
require three votes, and:
(A) Discuss the application and adopt findings and take action on the
application based upon the evidence presented at the hearing of the
planning and transportation commission; or
(B) Direct that the application be set for a new hearing before the city
council, following which the city council shall adopt findings and take
action on the application.
(Palo Alto Municipal Code (PAMC) Section 18.77.060(f»
SUMMARY OF KEY ISSUES:
Standards of Review
The draft Record of Land Use Action, upholding the Director's approval (Attachment A), includes a
determination that the proposed conditional use permit meets all requirements of the City'S
Municipal Code and Comprehensive Plan. The following findings must be met to grant the
conditional use permit. Staff believes that both findings can be made and each is discussed below:
1. The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience.
The proposed use at the proposed location will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, genera]
welfare or convenience, in that size of the proposed tutoring center will be limited to no more
than 10 students at anyone time and will be limited to afternoon hours on weekdays. The use
will not impact neighbors as there is sufficient parking located onsite for the existing church
facilities which are underused during the week.
2. The proposed use will be located and conducted in a manner in accord with the Palo Alto
Comprehensive Plan and the purposes of the Zoning Ordinance.
The proposed use will be located and conducted in a manner in accordance with the Palo Alto
Comprehensive Plan and the purpose of Title18 of the Palo Alto Municipal Code, in that this use
is consistent with the underlying residential land use designation and is compatible with the
surrounding residential land uses as an accessory activity to the existing religious institution and
is similar in character to allowed private educational facilities. Enrichment activities and
education support in the form of weekend and after school activities are common accessories to
the permitted worship activities at religious institutions. The proposed use requires a Conditional
Use Permit because it will use more than 200 square feet of floor area.
Neighbor Concerns
The concerns expressed by the residential neighbor to this project include the impacts resulting
from extra noise and activity on the site within a residential neighborhood. The email received
requesting a public hearing is included as Attachment D.
City of Palo Alto PageS
Parking
The existing church parking lot includes 35 spaces which are available throughout the weekday
afternoons. J
POLICY IMPLICATIONS:
The proposed project is consistent with the Comprehensive Plan and staff believes there are no other
substantive poHcy implications.
TIME LINE:
Application Received:
Application Deemed Complete:
Tentative Approval:
Hearing Requested:
End of Hearing Request Period:
ENVIRONMENTAL REVIEW:
Date:
June 8, 2009
July 28, 2009
July 28,2009
August 13, 2009
August 13, 2009
The project is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA).
ATTACHMENTS:
A. Draft Record of Land Use Action
B. Location Map
C. Project Description*
D. Tentative Approval Letter
E. Request for Hearing Correspondence
*provided by applicant
COURTESY COPIES:
Alan Clark, AppHcant
Trinity Evangelical Lutheran Congregation, Owner
Eva Papp, Neighbor
J ane Yang, Champion Youth Enrichment School
Prepared by: Jennifer Cutler, Planner
Reviewed by: Amy French, Manager of Current Planning
DepartmentIDivision Head ApprOVal: __ Q..:.....I.IAl\;UoI;t~·, ~A..}-\-lo.~J..:::t.l'-..;~~~~(=...:.::::!~-----_
Curtis Williams, Director
City of Palo Alto Page 4
ATTACHMENT 0
1 Planning and Transportation Commission
2 Verbatim Minutes
3 September 23, 2009
4
5 EXCERPT
6
7 1295 Middlefield Road: Request for a hearing on an approved Conditional Use Pennit to allow
8 after school enrichment activities, homework assistance, and tutoring for up to 10 children at a
9 time in the Sunday School class rooms of the existing Trinity Lutheran Church. Environmental
10 Assessment: Exempt from the provisions of CEQA. Zone District: R-l.
11
12 Ms. Jennifer Cutler, Planner: Yes, good evening. This project involves a Conditional Use
13 Pennit to allow after school enrichment activities, homework assistance, and tutoring for up to
14 10 children at anyone time at the existing Sunday School classrooms of the existing Trinity
15 Lutheran Church at 1295 Middlefield Road.
16
17 This hearing has been requested by a neighbor located several properties away who has
18 expressed concerns about this type of use in a residential neighborhood. Staff has discussed
19 what additional conditions of approval might work with the proposed use to attempt to prevent
20 any impacts to the neighbors. The applicant has expressed concern about conditions that might
21 restrict all outdoor activities onsite as they may be overly restrictive and unnecessary, and will
22 address this and any concerns over noise in his presentation.
23
24 Staff recommends that the Commission recommend approval with conditions proposed in the
25 Staff Report. One question from Commissioners was received and answered by Staff and left at
26 places. The application was submitted on June 8, 2009. No comments were received during the
27 21-day public comment period. The Tentative Approval Letter was mailed on July 30,2009.
28 One request for hearing was received and is attached to the Staff Report. The applicant is here to
29 give a brief presentation and answer any questions you may have. I also believe the neighbor
30 who requested the hearing is also available.
31
32 Chair Garber: Thank you. The order in which we will do this is that the Appellant, who I
33 believe is Eva Papp will go first and then the Applicant goes second. The Applicant is Alan
34 Clark. At which point we will go directly to public comments if there are any, and there are, I
35 have three cards. Then we will come back to the Commission. I will look to the Commission to
36 create a motion first for us to focus our conversation and then we will discuss and have action on
37 the item. Okay, may I have Eva Papp make her presentation? You will have 15 minutes if you
38 need it.
39
40 Ms. Eva Papp, Palo Alto: Good evening Commissioners and good evening Staff. Our home is
41 the third house away from the proposed or discussed item tonight. If you take the map and take a
42 look at where we are, and I would like to have your attention to Commissioner Keller asked the
43 Staff to provide you with a map that enlarges the block where we are. Have you had a chance to
44 pick it up from the desk? The reason why I am asking you to pick this one up is because I am
45 just so grateful for the opportunity to put a face next to this map.
46
47 What you see on the map is that our home is the third one away from the proposed business of
48 having children coming to the church daily. We have been residents here for 15 years and
City of Palo Alto September 23. 2009 Page 1 of 19
1 created a wonderful home in this block. At the time that we built the home we made sure that it
2 was a residential neighborhood even though it is on a busy strip of Middlefield Road, but having
3 the assurance from the City that this block is zoned R-l with the church in the corner made us
4 believe that we can create a home. The last 15 years we worked really hard to do that. I will
5 give a little time for focusing the projector so you can see that the large gray area is the church
6 and to the left of it is showing the third property is ours on that map .
. 7
8 Bringing back to the point of creating a home on a busy strip, our home is the one in this block
9 that is owned by us. All the others, the two next to us are rented. Next to the church is one
10 property that is owned by the church. So for us to make sure that we retained the feeling of
11 belonging we made sure that we got to know our neighbors and we made sure that we watched
12 the church conduct themselves as residents of our zoned area occupants would do. So the church
13 has Sunday morning masses and then Sunday Schools, occasional events, plus yearly bible
14 school studies, conducted themselves for the most part as we would expect residents to do so.
15
16 However, I am here to let you know that our experience with the church has not always been as
17 residents would have with each other. Very specific examples I am bringing forward are well-
18 intentioned adventures by the church to help the homeless that brought into the church parking
19 lot containers where the homeless lived without any basic human help. They had no heat and it
20 was in the middle of the winter. We, my husband who watched with great concern this new
21 activity by the church, starting noticing urination on the street plus unfortunately syringes and
22 drug use. When we brought it to the church's attention that it was not in the residential area
23 standards they moved the homeless into the facilities that now they are suggesting as using it for
24 children schooling. That unfortunate still disturbing event resulted in a killing by the homeless
25 residents because one ofthem had gone. So since then we have been looking around for any
26 activity that might not feel so welcome in our residential neighborhood, and then we are
27 watching very closely what the church is proposing to do now.
28
29 It might not be a close relation in between this new proposal of having ten or less children
30 schooled after school on the premises but I would like to ask you to consider my plea for keeping
31 our residential block in keeping with the residential behavior. Bringing in children every day
32 even though the proposal says less than ten now I hear not more than ten children every day will
33 certainly change the feel of the neighborhood. It is not just the occasional once a year, weekly
34 bible study that we endured, but it really meant that even though the church has plenty of
35 parking, as Staff pointed out, people still do park by Middlefield Road at our house because that
36 is the convenient way of dropping the children off and picking them up.
37
38 Also, I would like to ask you to consider what will happen to our neighborhood if we allow all
39 the other residential neighbors to come up with such idea that they might house children in their
40 backyard and then do activities such as the church proposes. I am bringing the plea in front of
41 you for consideration that even though the Staff considered parking not being a problem,
42 considered that there is a facility for accommodating the children, however I feel that it is not in
43 line with what our residential neighborhood should be like.
44
45 We have our backyard that looks out clearly, as you can see on the map, to the church. Children
46 will not be staying inside of the rooms. They already during the summer time were playing
47 outside as they should be playing outside. That is having ten children daily in our backyard,
48 listening to them. As much as I enjoy listening to them that is not what I envisioned at the time
City of Palo A Ito September 23, 2009 Page20f19
I when I invested with my husband, not just I but both of us, invested our hard work and heart to
2 live in this neighborhood. I would like to close by thank you again. I know it is a long night for
3 all of us. I will not use all of my remaining time. I am just appreciative of your attention to my
4 plea. Thanks to Jennifer for your help also. Any questions?
5
6 Chair Garber: Ms. Papp, let me just break with our normal protocol and just remind you that
7 there are two primary findings that have to be made that the Staff, City, and Commission have to
8 use to evaluate this. Those are that the proposed use at this location will not be detrimental or
9 injurious to property or improvements in the vicinity and will not be detrimental to the public
10 health, safety, and general welfare and convenience. That is the first one. The second is that the
11 proposed use will be located and conducted in a manner in accordance with the Palo Alto
12 Comprehensive Plan and Zoning Ordinance. Are there any specific items that would call into
13 question that the Commission should consider that might want us to question these findings
14 relative to this?
15
16 Ms. Papp: Thank you for bringing that point up for me. Yes. Point number two, the Staff
17 recommends or instructs no more than ten children, instructs the use of the church parking area,
18 not using Middlefield Road or any other parking areas. What I am asking is who will enforce
19 that? I brought you the example and the church felt and had good intentions and it resulted in a
20 .killing of a person. Now who will enforce it? Either it will be the one and my husband who will
21 count the children and to make sure that there are no more than ten children at a time at the
22 church. Also I should be the one who will be out there and asking parents not to park in front of
23 our house because that is their convenience. This will bring in daily, not only according to the
24 applicant there was only consideration for picking up the children, however it is dropping them
25 off, letting them run through our front area, and bringing in extra traffic that I believe is not
26 consistent with our neighborhood values or how I understood the church needs to conduct itself.
27 I know they cannot police themselves. I know that they will try to up keep it however it is up to
28 the people who attend how they behave. With our previous experiences we had several
29 unpleasant memories of what happened before. So that would be my point again, who will
30 reinforce these recommendations or rules? What ifmy next-door neighbor will come up with
31 such an idea and they will be granted the same. So to me in our block I have a hard time
32 understanding how that can happen.
33
34 Chair Garber: Okay, thank you. Alan Clark. You will have 15 minutes.
35
36 Mr. Alan Clark, Palo Alto: Good evening Commissioners. Palo Alto families want more after
37 school options. Parents want their kids to continue learning and have creative experiences in the
38 afternoon. In Palo Alto there is not a lot of after school options. Space is extraordinarily limited,
39 nearly impossible to find. That is why you don't see a lot of new programs popping up. Without
40 these programs parents are restricted in their choices. They can be forced to send their programs
41 that they find unsatisfactory or that are simply places to wait.
42
43 As a long time Palo Alto resident with children facing this challenge and having listened to my
44 neighbors and other Palo Alto families I was moved to action, to do something about the
45 situation. I believe that Palo Alto needed more high quality after school programs.
46
47 I am here tonight to request the approval of a Conditional Use Permit to create an after school
48 program at Trinity Lutheran Church on Middlefield Road. Successful approval of this program
City of Palo Alto September 23, 2009 Page3 of19
1 would mean that Palo Alto families would have a choice of a high quality after school program
2 that takes advantage of all the facilities that the community center has to offer.
3
4 My name is Alan Clark and I represent the Rosetta School of Palo Alto. I would like to cover
5 three things with you this evening. I would like to give you some idea of who we are, our
6 objective, our vision, our philosophy. I would like to cover our daily operations, as well as
7 address some ofthe questions that have been brought to light.
8
9 Our objective is to create and develop well-rounded, confident students with a life-long love of
10 learning. We want to be a center of learning inside Palo Alto with a nurturing 'and balanced
11 atmosphere where children can develop their social, and emotional, and cognitive skills to
12 prepare them for an ever-changing world. We hope to instill the principles of respect, and
13 honesty, and confidence in these children. We want to offer a comprehensive approach to
14 teaching languages and give ample time, materials, and opportunities to the children to develop
15 their own understanding of the world. Additionally, we are going to be combining general
16 education with individual tutoring. This is who we are what we want to bring to Palo Alto.
l7
18 In terms of our daily operation we would operate Monday, Tuesday, Thursday, Friday, as well as
19 Wednesday, five days a week, 15 hours a week. Monday, Tuesday, Thursday, Friday we intend
20 to operate from 3:15 until 6:00 and on Wednesday from 2:00 to 6:00. Those hours are based on
21 the late dismissal times of the various elementary schools in the area and time allowed to pick up
22 those children. There is ample parking at the facility indeed about 35 spaces. The way that
23 operations work students are picked up, they are dropped off, either picked up or dropped offby
24 the parents inside the parking lot. Pick up occurs inside the parking lot. This program has a very
25 small footprint, ten kids or less. We will be able to control exactly what happens and there is
26 staff onsite that is probably going to be keeping an eye on this as well.
27
28 In terms of a sense of our daily schedule and what we are going to be doing from about 3: 15 to
29 4:30 we are going to be inside the classroom, individualized instruction, as well as activities.
30 From 4:30 to 5:15 we will adjourn to Rinconada Park,just three minutes away, a great place for
31 the kids to play, and return for the rest of the afternoon for more individualized instructions and
32 activities. On Wednesday from 2:00 to 3:00 we will be in the classroom again, from 3:00 to 4:00
33 we will taking a field trip to one ofthe many facilities that the community center has to offer,
34 and for the remainder of the afternoon we will be back in the classroom for more individualized
35 instruction, tutoring, and activities for the children.
36
37 Now a question was raised about parking. I don't believe that is ever going to be an issue. The
38 location is very far away relatively speaking to where we would ever want the kids. We would
39 never want them on the street walking down Middlefield and then entering the complex, and
40 there is absolutely no need for it. The facility is largely unused during the day and the parking
41 lot is almost always empty.
42
43 In closing, I would like to petition the Council to approve this Conditional Use Permit. Ifwe
44 bring these benefits to Palo Alto of a small, high quality program with dedicated teachers capable
45 of using all the facilities that the community center has to offer we will be offering Palo Alto
46 families another choice, and a choice that we know that they are going to take on. Palo Alto
47 families want this. Numerous families have already communicated that they want to join. For
48 the 2010-2011 school year we hope to be able to offer that.
City of Palo A Ito September 23, 2009 Page 4 of 19
1
2 Another point to pull out, which I forgot to mention earlier in terms of the kids and the
3 timeframes we are only going to be focused on basically first grade and above. We are not going
4 to be focused on kindergarten because the pick up times don't comply with what we need to have
5 and we want to operate at 15 hours a week. So I thank the Commission for your time this
6 ' evening and I hope that you do approve this permit. Thank you very much.
7
8 Chair Garber: Mr. Clark, would you please clarify, what is your role in relationship to the
9 church?
10
11 Mr. Clark: I am the owner of the Rosetta School of Palo Alto. I do not have a relationship with
12 the church.
13
14 Chair Garber: Okay. Commissioner Keller also had a question for you.
15
16 Commissioner Keller: I assume that you have a relationship with the church in so far as you are
17 to be a tenant of the church.
18
19 Mr. Clark: Correct.
20
21 Commissioner Keller: Thank you. Have you confirmed whether the building that you wish to
22 use conforms to the Building Code for Group E uses?
23
24 Mr. Clark: Has there been a building inspection to see whether the building complies to Group E
25 usage? There has not been a building inspection.
26
27 Commissioner Keller: Okay.
28
29 Mr. Clark: But in order to comply with the recommendation from Staff there would need to be
30 one and any findings would need to be addressed before any start of the program could begin.
31
32 Commissioner Keller: Yes, I appreciate that. Your application says that there are no
33 architectural changes or building modifications requested but you might have to do some ifit
34 turns out through an inspection that Group E uses require modifications.
35
36 Mr. Clark: Absolutely. We intend to comply with the law in all respects.
37
38 Commissioner Keller: Thank you, but you have not made that determination yet.
39
40 Mr. Clark: No, it is pending the approval of this Commission we want to limit the amount of
41 expenses that you are putting forward.
42
43 Commissioner Keller: Thank you. Well, presumably when you are studying something you are
44 going to find out whether there is an expense that is going to happen but I guess you can defer
45 that, I don't know. I certainly would want to know ifl am going to put in a business in a
46 particular location, I would want to know what my expense down the road is going be. So, but
47 anyway, that is your decision.
48
City of Palo Alto September 23.2009 Page 5 of 19
1 Is there a requirement for this kind of use having an enclosed playground onsite?
2
3 Mr. Clark: The California Care Licensing Division monitors those types of requirements. I have
4 been working very closely with them as has the staff at the church to make sure that all
5 requirements would be met. If indeed we were operating at much larger hours then yes that kind
6 of requirement would comply. However, to all the other requirements that the California
7 Community Care Licensing Division has put in place we do comply, although that type of
8 licensing is not required if a facility is operating for less than 16 hours a week.
9
10 Commissioner Keller: Okay, thank you. Are there things that you are going to do to make sure
11 there is no noise emanating from what you are doing? No appreciable noise to the adjacent
12 properties?
13
14 Mr. Clark: Absolutely. As you could tell from my general overview of our sample schedule
15 most of our time is going to be spent in the classroom or on a field trip or at Rinconada Park.
16 We really respect the Trinity Lutheran Church area. We don't want to do anything to basically
17 mess up the beautiful courtyard that they have.
18
19 Commissioner Keller: Thank you. There is a document that was given to us by Ms. Yang,
20 which appears to include your application form.
21
22 Mr. Clark: Earlier for year 2009 and for year 2010-2011 which is obviously when we would
23 have to be operating we would be operating under the hours that I specified in this presentation.
24
25 Commissioner Keller: Okay, because it says some comment about children should be picked up
26 by 6:30.
27
28 Mr. Clark: Yes, and that is obviously an old application that is in error. Children would need to
29 be picked up by 6:00.
30
31 Commissioner Keller: Okay, thank you. Will you in your application form indicate as part of
32 what parents have to sign that they will drop off and pick up their children only from the parking
33 lot and not on the adjacent street?
34
35 Mr. Clark: I would be more than happy to make that change to the application as well as the
36 operating rules. That is the going expectation. I will make that change.
37
38 Commissioner Keller: Thank you.
39
40 Chair Garber: Commissioner Tuma and then Fineberg.
41
42 Vice-Chair Tuma: As I heard you describe sort of the typical day and anticipated activities
43 would you anticipate having any outdoor activities onsite other than the coming and going of the
44 children?
45
46 Mr. Clark: I could give you one scenario. Imagine a rainy day in Palo Alto, which will happen.
47 We are not capable of walking over to Rinconada Park. However I don't necessarily want to
48 have all the kids eating their snacks inside the Sunday School classroom because we want to
City of Palo Alto September 23, 2009 Page60f19
1 keep it clean and orderly for the Sunday School student. So we might pop outside underneath
2 the awning and have snacks there. They stay dry, they get a breath of fresh air, but yet we are
3 not also messing up the classroom. So there are such scenarios where we might have the kids
4 outside, having a break outside with a snack underneath the awning in a rainstorm where we
5 didn't have any other option. We also have the alternative, and we have talked about this with
6 the church, in light of a rainstorm such as this they also have a room that we could rent on a per
7 use basis, which is a larger activity room, which is more or less underground.
8
9 Vice-Chair Tuma: Thank you.
10
11 Chair Garber: Commissioner Fineberg and then Martinez.
12
13 Commissioner Fineberg: I have several questions for Staff.
14
15 Chair Garber: Just a moment. This is if you have a specific question for the applicant and then
16 we are going to go to the public.
17
18 Commissioner Fineberg: Okay, I'm sorry let me stay with the Applicant then. Do you currently
19 have students enrolled for this school year?
20
21 Mr. Clark: No, we are not in operation right now because we don't have a Conditional Use
22 Permit.
23
24 Commissioner Fineberg: Okay. Then does your program include any part of the mission of the
25 church? I am wondering that because, and maybe Staff can address this later or your input, do
26 the rules that apply to religious programs of the church apply versus the educational code rules?
27
28 Mr. Clark: I can answer your first question clearly. It is a secular program. Fifteen hours a
29 week is not a lot oftime so it is going to be focused on education created activities. There won't
30 be religious instruction. As to the second part of your question I am not clear.
31
32 Commissioner Fineberg: Thank you.
33
34 Chair Garber: Thank you. Commissioner Martinez.
35
36 Commissioner Martinez: How did you settle on ten children as your maximum program
37 amount?
38
39 Mr. Clark: Good question. It is all about quality. For me doing something large where you
40 don't have really strict control over the quality of the program is not who I am about. I am about
41 trying to create things that are extraordinarily high value to the parents as well as to the children.
42 So small class sizes, high student to teacher ratio, and dedicated teacher is where I want to start.
43 Ten children seemed to be a good number based on the size of the Sunday School room that we
44 are planning on using. That would give them ample space to move around as well as do
45 everything that we want to do.
46
47 Commissioner Martinez: If this is successful, and I hope you are, do you plan to expand the
48 program?
City of Palo Alto September 23, 2009 Page 7 of 19
1
2 Mr. Clark: If this is successful, which I hope it is, any expansion of the program would mean
3 returning to the Planning Commission and asking for a formal approval. If we were to continue
4 at this location, the potential also exists that another location could be found, but the location that
5 we are currently at that takes advantage of all of the facilities that the community center has to
6 offer with the Children's Library, the Junior Zoo Museum, Rinconada Park, and the Children's
7 Theater all within a three minute walk. That provides a value to the parents as well as the
8 children that is truly unrivaled.
9
10 Commissioner Martinez: Are you contemplating a summer program?
11
12 Mr. Clark: At the moment, no.
13
14 Commissioner Martinez: Okay. Do you operate any other facilities?
15
16 Mr. Clark: I do.
17
18 Commissioner Martinez: Can you tell us what those are?
19
20 Mr. Clark: Certainly. I operate Pacific Coast Kids. It is a summer Lego camp. We are at
21 various elementary schools in the summer.
22
23 Commissioner Martinez: Okay. I wanted to follow up on a point Commissioner Keller
24 mentioned. He said this will be an E Occupancy by the Building Code. Does the classroom
25 have fire sprinklers?
26
27 Mr. Clark: The classroom, which looking at the Building Code, to answer your question the
28 classroom does not have overhead sprinklers. Looking at the amendment to the California
29 Building Code if the educational space is less than 5,000 square feet however a sprinkler system
30 is not required.
31
32 Commissioner Martinez: Yes, I know that but I think Palo Alto has an amendment to that Code.
33 So I would really encourage you to look into that.
34
35 Mr. Clark: I will.
36
37 Commissioner Martinez: Okay, thank you.
38
39 Chair Garber: Commissioners, ifthere are no further questions let's go to the public. I have
40 three cards. The first person is Jane Yang followed by Gary Schwede. You will have three
41 minutes.
42
43 Ms. Jane Yang, Los Altos: Good evening. I am the owner of a similar program nearby so
44 basically our program probably will have a conflict of interest. So I am here in a good position
45 to vote to say yes or no. Actually I am here to support whatever he said before. In Palo Alto it is
46 extremely difficult to find facilities to do any kind of youth program. I have been here for five
47 years. Every day my primary job is driving a hundred miles to find a facility. In Palo Alto I
48 have went through every church and 95 percent I got a rejection. So I am here actually I have no
City of Palo Alto September 23,2009 Page 8 of19
1 bad feeling towards the program. I have nothing against this program. I am here just to find out
2 if Palo Alto City tries to do this program on a fair base, equal base, and the legal base that all the
3 programs can compete with each other under legal status.
4
5 There are two issues I want to bring here to your attention. The first is the facility legal status.
6 Before this application goes to your Planning Department I was there with the same location,
7 same address, and asking to see if this place can be our expansion to future possibility facility. I
8 received a copy of California new Building Code with highlight two words. The first is six
9 people. If the facility has any time, the second was any time. There is no 15 hours attached to
10 this code. So any time if you have six and more students you have to apply building to E
11 Occupancy, which is very difficult, high standard building facility. They would spend a lot of
12 money to do this in the other city right now. I have checked with Mountain View, Milpitas, and
13 we are remodeling the facility in Sunnyvale. Everywhere same rule, same regulation. So thatis
14 the one issue I want to hear from the applicant. Are they going to remodel the facility as state
15 law required?
16
17 The second issue is a legal issue about business license. If you operate hours less than 16, 15
18 hours, yes you are exempted by the licensing.
19
20 Chair Garber: Ms. Yang, your three minutes are up, however Commissioner Keller does have a
21 question for you.
22
23 Commissioner Keller: In your materials that you gave us you indicated that you had applied a
24 Conditional Use Permit at the same location and were turned down. Is that correct?
25
26 Ms. Yang: No, not this particular location. I was turned down by many other cases, yes.
27
28 Commissioner Keller: By the City of Palo Alto for another location?
29
30 Ms. Yang: Yes.
31
32 Commissioner Keller: What were the reasons that you were turned down in another location?
33
34 Ms. Yang: Basically it was the facility. A facility issue.
35
36 Commissioner Keller: It was a facility issue in terms of building E Occupancy?
37
38 Ms. Yang: Yes. Even this particular location I was there before they went there and I was given
39 the Planning Department Staff saying you have to building structure upgrading to the E
40 Occupancy. That is the answer I got.
41
42 Commissioner Keller: Although this Applicant did say that they are going to obey the building E
43 Occupancy as well.
44
45 Ms. Yang: Yes if they are upgrading the structure building I have no question about it.
46
47 Commissioner Keller: Okay.
48
City of Palo Alto September 23, 2009 Page 9 of 19
1 Ms. Yang: But it is a very expensive job. We are doing in the same thing in other cities right
2 now.
3
4 Commissioner Keller: Okay. You seem to indicate that you feel that we were discriminating
5 against you in another case or?
6
7 Ms. Yang: Yes, I was there asking a question for the same location. They reject my -they said
8 that that location is not appropriate for the after school program daycare. It is the daycare
9 category. So I didn't submit an application because I was told that it is not appropriate. But
10 right now you have this case saying it is okay to go further. So that is why it is feeling like it is
11 different answer.
12
13 Commissioner Keller: When were you told that and by whom?
14
15 Ms. Yang: I believe it was in May because the current facility is going to take back by the public
16 school district. So we were looking for the other location. I was there. Actually, I constantly
17 went to your Planning Department to check all the locations. So if they say no, the zoning code
18 is impossible there, I have no point to go any further. So that is the one case that I went there
19 with the same particular location, same as this, and I was given the building code, which is a new
20 building code that applied after 2007.
21
22 Commissioner Keller: I realize that I am supposed to ask of the person speaking and not Staff
23 but can I ask for the indulgence of the Chair?
24
25 Chair Garber: In may, let's get to the other members. We have two other speakers and then
26 let's return to the topic.
27
28 Commissioner Keller: Okay, if we can have this speaker.
29
30 Chair Garber: Did you have a specific question? One moment, let me just find out if
31 Commissioner Keller has completed his questions.
32
33 Commissioner Keller: I have completed my questions if we can have the speaker come back and
34 address the issues of the potential discrimination and what answers might have been given to the
35 person before.
36
37 Chair Garber: One thing that I think though is that we should take this offline because it does
38 not have direct bearing on the issues that are before us. They are of obviously great concern to
39 any number of us up here if this is true but relative to the action we have to take this evening it is
40 not relevant.
41
42 Commissioner Keller: Well, I think it may be relevant because whatever reasons were given to
43 this particular applicant as to why it is inappropriate may be reasons that we should use on this
44 particular application.
45
46 Chair Garber: I would disagree strongly. If there is something inappropriate with this it can
47 always be rescinded or taken back but the issue of this incident coming before us does not have
City of Palo A Ito September 23, 2009 Page lOof19
1 to do with the actions or the findings that we have to make relative to this item that is in front of
2 us.
3
4 Commissioner Keller: Thank you. Then may I ask one more question?
5
6 Chair Garber: Please.
7
8 Commissioner Keller: The question is can you, other than the building remodel issue, which is
9 obviously part of the conditions of approval of the Conditional Use Pennit where there particular
10 things that you were told of the inappropriateness of an after school program that you were told
11 for this particular location when you inquired?
12
13 Ms. Yang: I don't understand the question.
14
15 Commissioner Keller: Okay. ,You addressed two issues. One issue was the building E
16 Occupancy and it is already required as a condition of approval for this Conditional Use Pennit.
17 So putting that aside, what other reasons were you told by Staff as to why you couldn't place
18 your after school program at this particular location?
19
20 Ms. Yang: This issue is just a facility issue. The other issue is a lessons issue. This kind of
21 business required a lesson. As they point out 15 hours is impossible to run the program. We
22 have to shut down the South Palo Alto location just because of the same issue.
23
24 Commissioner Keller: Okay.
25
26 Ms. Yang: Basically before they are telling the public they are accepting kindergarten students,
27 which is more than 30 hours weekly. Now they are saying they are not accepting kindergarten
28 but they still accept the grade first.
29
30 Commissioner Keller: Let me try to summarize your point if! may. One is that you think the
31 building may require amendment for building E Occupancy.
32
33 Ms. Yang: Yes.
34
35 Commissioner Keller: The second thing is that for kindergarteners 15 hours is not sufficient.
36 Thirdly that even for second through fourth ....
37
38 Ms. Yang: First through third.
39
40 -Commissioner Keller: First through third graders that based on the schedule and in combination
41 with other sites you think that they will be unable to do it within 15 hours.
42
43 Ms. Yang: They can do fourth grade because fourth grade Palo Alto School District they get out
44 around three o'clock, after 2:30. So after they pick up students and arrive to the campus it is
45 about three o'clock. Then they have to ....
46
City of Palo Alto September 23, 2009 PageJJofJ9
1 Chair Garber: Ms. Yang, we understand your point. Thank you. There is one other question.
2 What is the location of your current facility where you run these programs now or do you have
3 more than one?
4
5 Ms. Yang: Currently?
6
7 Chair Garber: Yes.
8
9 Ms. Yang: It is 870 North California. I have two locations. One is north and the other one is
10 south. The south is the comer of Middlefield, same street, Middlefield and East Meadow is a
11 huge church. Beautiful facility and we have to terminate the business.
12
13 Chair Garber: Okay, thank you. Gary Schwede followed by Vivian Clark, our last speaker.
14
15 Mr. Gary Schwede, Palo Alto: Thank you Commissioners for hearing me. I am here in two
16 roles. I am Congregation President at Trinity Lutheran Church and a long time resident of Palo
17 Alto. My wife Sue and I have lived here for 25 years and are property owners.
18
19 At Trinity of course we want to be good neighbors to everyone not only on Middlefield Road but
20 as Jesus taught us, our neighbor is basically everyone. That includes unfortunately people who
21 are down on their luck, and we want to help our neighbors through Envisions Program Hotel De
22 Zink that you may be familiar with. It is a long time Palo Alto institution to reach out to
23 homeless people who are really trying to get their lives together.
24
25 When Mr. Clark first contacted me about the Rosetta School I was initially quite skeptical
26 because we get a lot of requests for use of our facilities for various sorts of activities, commercial
27 activities. They are almost all very ill prepared. Some are even illiterate. We do have the duty
28 as property owners to choose carefully who we let use our property. So after numerous meetings
29 and discussions between the Clark's and our Council, our Sunday School teachers, our Board of
30 Maintenance we all gradually became convinced that the Clark's are people of integrity, they
31 have a very high level of preparation, they have great concern for their pupils, they will have a
32 great concern for our congregation, and they will have a great concern for the neighborhood. If I
33 were a father I would trust my children with them.
34
35 Our main interest with the Rosetta School is not commercial at all but it is community outreach.
36 We have a beautiful campus and we are very serious about our theology and we would like to
37 have people see that they might like to come by and listen to what we have to say.
38
39 We are always concerned with maintaining a reverent and quiet and welcoming campus. So we
40 have every reason to also be concerned about noise issues and traffic, and harmful effects that
41 any activity might have on our campus. We believe that these will be completely negligible
42 compared to the normal traffic on Middlefield Road, to all the activities that go on at Lucie Stem
43 Center, and even to the aspiring rock drummer across Middlefield from where we are.
44
45 So if I can make just one more point, as a property owner without children every time our
46 assessments or fees go up for public schooling Sue and I console ourselves by knowing that at
47 least it is helping to keep the property values up. So I don't think that having additional school
48 opportunities with depress property values in any way. Thank you.
City of Palo Alto September 23,2009 Page 12 of 19
1
2 Chair Garber: Mr. Schwede, there is one question from Commissioner Tuma.
3
4 Vice-Chair Tuma: Other than your church activities are there other activities that go on at the
5 church? Did I understand you to say that there are currently people living there?
6
7 Mr. Schwede: No.
8
9 Vice-Chair Tuma: They are not. That was previous?
10
11 Mr. Schwede: For one month of the year we participate in a citywide effort called Hotel De
12 Zink, which I believe is named after a former Palo Alto Police Captain or someone, I am not sure
13 exactly who. Homeless people who are serious about getting out of that life are hosted at one
14 church after another on a monthly basis. They sleep and eat their evening meal at the church and
15 during the day they go out and have jobs, or look for jobs, or things like that. We have
16 occasionally even employed them to help us around the campus.
17
18 Vice-Chair Tuma: So is that a fixed month for you guys or does that float?
19
20 Mr. Schwede: It is traditionally January for us but I don't think that is set in stone.
21
22 Vice-Chair Tuma: Okay, thanks.
23
24 Chair Garber: Thank you. Vivian Clark, our last speaker. All right, Ms. Clark will not be
25 speaking. That is the end of our public speakers. Let me check. The Applicant can have three
26 minutes for closing comments. The Applicant first and the Appellant second.
27
28 Mr. Clark: Thank you Commissioners. Relative to timeframes those are the timeframes we will
29 be operating our program. We won't be hosting kindergarteners. We will be looking at first
30 grade and above. Based on the release times of the schools in Palo Alto and the time it takes for
31 drivers to pick up these will be the operating times. It is possible to operate a school successful,
32 an after school program successfully during these hours especially when you have the right
33 teachers and the right students and the right kind of value proposition in front of them.
34
35 We will definitely put in the proposal from Commissioner Keller to amend and add to our
36 application to say that parents must drop off and pick up inside the parking lot to avoid any
37 issues with any drop offs or pick-ups on Middlefield.
38
39 We will be happy to work with the City as well as the rest of our community to do whatever is
40 necessary to make this program a success for everyone, and successful approval of this
41 Conditional Use Permit would really bring a benefit and a choice to the families in Palo Alto.
42 Thank you.
43
44 Chair Garber: Thank you. The Appellant, you have three minutes.
45
46 Ms. Papp: What Ijust heard tonight even further made me concerned about what is coming up
47 in our way. As I mentioned we have been through a few nice attempts that the church tried to
48 put forward and they turned out to be still stressful memory for us. Please do not allow this to
City of Palo A Ito September 23,2009 Page 13 of19
I happen. The children will not be safe, you heard it. The Staff I am quite surprised that so easily
2 would allow having children come through a church and covert our residential area to a
3 commercial use. Clearly the church is targeted by commercial use and that is not in line with
4 what we would like to have our neighborhood to be like. Thank you so much.
5
6 Chair Garber: Thank you. With that we will close the public hearing. Commissioners, if we can
7 I would like to try and get a motion before us so that we can focus our discussion. All right we
8 will postpone that suggestion and we will go to some questions starting with Commissioner
9 Lippert and followed by Fineberg.
10
11 Commissioner Lippert: Can you give me some clarity on whether this falls under RLUIP A or
12 not and where the boundaries ofRLUlPA are?
13
14 Ms. French: So the Religious, I don't have all the acronym words, but it is the state law related
15 to ...
16
17 Commissioner Lippert: It is federal.
18
19 Ms. French: Okay. Federal law related to religious facilities, use of religious facilities. So
20 because they are renting to a non-religious it is not part of the normal church activity to teach. It
21 is not Sunday School it is something else. It is renting to somebody else for the purpose of
22 teaching non-religious education. So it is not customarily associated with a religious institution.
23
24 Commissioner Lippert: Okay. If the church were to operate a school it would fall under
25 RLUIP A and they could be teaching anything.
26
27 Ms. French: Sure, it would be the church's people, staff, program not a separate program.
28
29 Commissioner Lippert: Okay, so there are no limitations that are placed upon the church when
30 they are teaching, i.e., their religious school, but when it is used for private use then it falls
31 outside of the RLUIP A almost as prison because that is included in the RLUIP A. That is the P.
32
33 With regard to the Field Act though, like we have no power to regulate public schools but when
34 a private school comes in we have the ability to regulate that. Is that correct?
35
36 Ms. French: Correct. Conditional Use Permits are required. An example I can clearly give you
37 is at the former Green Dell Elementary School there has a Conditional Use Permit for the Jewish
38 Day School/Child Care Facility. That came through because it was a private separate group
39 came through for a Conditional Use Permit through the City even though it was on school
40 property.
41
42 Commissioner Lippert: Okay. Thenjust one last question associated with this. We have a
43 religious institution. The Building Code itself that is ministerial, which means that you apply the
44 rules, there is no flexibility that is why we have Building Officials. They come in and say it
45 either meets or it doesn't meet and how you have to make changes, but only the space that is
46 being used for the school portion or the educational purpose needs to comply. Is that not
47 correct? It is not the entire building only the area that is being used for instructional purposes.
48
City of Palo Alto September 23, 2009 Page 14 of 19
1 Ms. French: I don't want to presume to know the 2007 California Building Fire Code and local
2 amendments regarding the Group E Occupancy but it is referred to as Condition 6 of the
3 Conditional Use Permit. So you can guarantee that our Staff over at the Development Center
4 would follow through on this. They wouldn't be able to occupy.
5
6 Commissioner Lippert: I think my fellow architects would concur it is only the portion of the
7 building that needs to comply.
8
9 Chair Garber: That would be my understanding Commissioner.
10
11 Commissioner Lippert: With regard to sprinkling I believe that the threshold on sprinkling has
12 been increased but because smaller building now don't need to have sprinkling it is just they
13 have increased the envelope. So it might or might not need it based on a ministerial act, which is
14 none of our business. That is all I have to say.
15
16 Chair Garber: Actually just before Commissioner Fineberg may I reopen the public meeting for
17 a brief moment and ask one of the members of the church a question. Is there anyone from the
18 church that can answer a question? May I have one or the other of you approach, or both?
19
20 Would you please identify yourself?
21
22 Mr. Stewart Crown, Palo Alto: I am Stewart Crown. I am the Pastor of the congregation.
23
24 Chair Garber: Thank you. Does the church have other programs through the week that include
25 children?
26
27 Mr. Crown: The Boy Scouts on occasion use the facilities.
28
29 Chair Garber: I am not actually thinking of outside parties but the church and its parish itself.
30 Sunday School for example.
31
32 Mr. Crown: We have a First Friday Family Fellowship every other first Friday, September,
33 November, January. We will have weeknight services in December, March, and April with
34 children present but they are not programs per se, educational programs. So they are limited at
35 night.
36
37 Chair Garber: Sundays?
38
39 Mr. Crown: On occasion we have youth group meetings.
40
41 Chair Garber: How many might be in that meeting?
42
43 Mr. Crown: Oh, no more than ten including adults, youth four or five.
44
45 Chair Garber: Have you received comments or complaints from neighbors on any of those
46 occasions?
47
City of Palo Alto September 23, 2009 Page 15 of 19
1 Mr. Crown: Personally I have not. Over the years in fact our courtyard has been used as a
2 playground for the neighborho04. It seems as ifpeople appreciate the open space.
3
4 Chair Garber: Thank you. That is all, and I will close the public hearing. Commissioner
5 Fineberg.
6
7 Commissioner Fineberg: Questions for Staff. I understand that the conformance to Building
8 Code is a ministerial act that is handled not by the Planning Department, or I should say not by
9 the Planning Division but by the Enforcement and Code Divisions. Okay, maybe I said the
10 wrong words but the stuffthat doesn't have anything to do with our purview. Building
11 Inspection, thank you Commissioner Lippert. I would be curious to know if from Staffs
12 experience the educational code Group E applies to this kind of occupancy.
13
14 Ms. French: Again, Condition 6, and I am not going to say any more about it because I don't
15 know. Just refer to Condition 6 of the approval letter, Attachment D, which states that this
16 application must comply with the 2007 Building Fire Codes and local amendments regard Group
17 E Occupancy.
18
19 Commissioner Fineberg: So Staffwill bring this to us for the CUP without knowing, I am
20 assuming it has not been run by the Building Staff, or it has?
21
22 Ms. French: The application was routed to Building and Fire and Fire gave this comment. So it
23 is a condition of discretionary CUP application that they come in with the Building Permit
24 Application that would reflect compliance with Group E Occupancy.
25
26 Commissioner Fineberg: I am trying to figure out does that mean that the Fire Department and
27 Building Division have said that it does meet and the only remaining condition they have is the
28 CUP.
29
30 Ms. Cutler: No, it means that to occupy with this use they will need to show that the building
31 meets that code, the Group E Occupancy code for Fire and Building.
32
33 . Chair Garber: This is the typical procedure and process.
34
35 Ms. Cutler: Correct. The Building Permit process happens after the Planning process.
36
37 Commissioner Fineberg: Understood. Okay. One comment is in the characterization of the
38 traffic impacts, and it talks about during pickup time between five and six that it would be like
39 one car every six minutes. I don't know of any programs where parents are that dispersed at
40 pickUp and drop off time. So at worst case, which would be worse than one every six minutes, it
41 might be ten pickUps within about five minutes. Given the traffic that is on Middlefield do we
42 have an estimate of how many cars pass through that intersection each hour during rush hour?
43 And will those additional ten trips in five minutes have any measurable impact?
44
45 Ms. Cutler: We don't have that kind of detailed information for a project of this size because a
46 project that has this few trips would not trigger the requirement for further traffic studies.
47
City of Palo Alto September 23, 2009 Page 16 of 19
1 Commissioner Fineberg: So the assumption is that there is no impact in terms of traffic. Okay.
2 Then that will be it for now. Thank you.
3
4 Chair Garber: Commissioner Keller and then Tuma.
5
6 Commissioner Keller: Thank you. I think we have already plowed the ground well in terms of
7 the requirement for Group E prior to occupancy. I would like to address some of the comments,
8 the potential discrimination issue mentioned by one of the members of the public. So firstly it
9 seems to me that this particular applicant has a slightly different business model than other
10 applicants might. This applicant is trying to stay within the 16-hour envelope threshold for
11 requiring a permit from the state. Does that match your understanding?
12
13 Ms. Cutler: They are working to keep it under those 16 hours that is correct.
14
15 Commissioner Keller: So that is a different business model than some other business owners
16 might do for a similar after school program.
17
18 Ms. Cutler: There are many other kinds of businesses with different lengths of time, yes.
19
20 Commissioner Keller: Thank you. I think one particular thing that was mentioned was the East
21 Meadow and Middlefield. My understanding and correct me if I am wrong is that that is not a
22 currently active church. It is actually not used as an active church. Does that match your model
23 ofthe universe? And also the proposed project at East Meadow and Middlefield is actually
24 considerably larger than the actual ten.
25
26 Chair Garber: Commissioner, does this have relevance to the item?
27
28 Commissioner Keller: Well, I am basically making the point that these are completely different
29 cases and that there is not a discrimination here. I just want to enter that into the record.
30
31 Chair Garber: I would be cautious there again because the item is not in front of us. I think it is
32 a note for Staff to follow up on if they feel to but I would not enter into that territory.
33
34 Commissioner Keller: Okay, I understand that but my understanding from my personal
35 knowledge of that East Meadow and Middlefield situation is that it is a completely different kind
36 of situation than this one is. So I don't see there being any particular discrimination in this case.
37
38 Chair Garber: Commissioner Tuma, a motion.
39
40 MOTION
41
42 Vice-Chair Tuma: I would like to make a motion that the Planning and Transportation
43 Commission recommend City Council approve the Record of Land Use Action approving the
44 Conditional Use Permit to allow after school enrichment activities, homework assistance, and
45 tutoring for up to ten children at a time in the Sunday School classrooms of the Trinity Lutheran
46 Church based specifically on the findings and the conditions of the approval in the Record of
47 Land Use Action, which is attached as Exhibit A to the Staff Report.
48
City of Palo Alto September 23, 2009 Page 17 of 19
1 SECOND
2
3 Commissioner Holman: I will second that.
4
5 Chair Garber: I heard the second actually first from Commissioner Holman. Does the maker
6 wish to address their motion?
7
8 Vice-Chair Tuma: Only to specifically point out without reading them in detail that I am in
9 agreement with section three of the Record of Land Use Action, which deals with the
10 Conditional Use Permit findings, and I am able to make both of the required findings.
11
12 Chair Garber: Would the seconder like to speak to your second?
13
14 Commissioner Holman: I think Commissioner Tuma has covered the points well.
15
16 Chair Garber: Any discussion? Commissioner Martinez.
17
18 Commissioner Martinez: Thank you. I support the motion deeply but I am concerned about
19 what lies ahead. If this is a change of occupancy from B to E and the Fire Department is saying
20 that it will require it to conform to an E Occupancy I am afraid that there are some significant
21 hurdles to overcome. My own experience with this in the City is that the Fire Department really
22 takes E Occupancy very seriously. When there is change of occupancy that it really makes it
23 difficult to go forth with projects. So again I would really caution you to look into this.
24
25 I would also ask Staff that when you get a comment from Fire like that back that I would really
26 ask what that means because it seems benign to say it requires E Occupancy but it is significant
27 in terms of the cost to a proposed use. Thank you.
28
29 Ms. French: We can certainly setup a meeting with the applicant and the Fire Department and
30 Planning and go over what might happen before it gets to the Council.
31
32 Commissioner Martinez: Thank you.
33
34 Chair Garber: Commissioner Keller and then we will get to the action.
35
36 Commissioner Keller: I think that as the scale of ten students I would agree that the findings can
37 be met that this would not have significant impact. Ifthe limit were to be increased from ten to
38 say 20 just for discussion sake I want to ensure that the neighbors are then re-notified with the
39 change to the Conditional Use Permit and that that does not happen as an automatic process,
40 because as the number of students the impact is probably more than linear. Thank you.
41
42 Commissioner Lippert: Is that an amendment?
43
44 Chair Garber: I believe that is a comment. Amy.
45
46 Ms. French: You don't need an amendment because if they were to come in with a different
47 occupancy level, number of children, they would have to get a new CUP or CUP Amendment
48 certainly, another application.
City of Palo Alto Page 18 of 19
1
2 Ms. Cutler: It would be the same noticing that there was for this one.
3
4 MOTION PASSED (7-0-0-0)
5
6 Chair Garber: Thank you. With that Commissioners, if there is no other discussion I am seeing
7 no more lights, all those in favor of the motion as stated say aye. (ayes) All those opposed? The
8 motion passes unanimously.
City of Palo Alto September 23. 2009 Page 19 of 19
c I
I
I
From: eva papp
Sent: Thursday, August 13, 2009 8:40 AM
To: Cutler, Jennifer
ATTACHMENT E
Subject: Request for a PTC hearing regarding opposition to the proposed commercial use
of 1295 Middlefield Road
Dear Jennifer,
Please forward my request for a hearing in front of the Planning and Transportion
Commission.
As the owner of 1211 Middlefield Road Palo Alto CA 94301 I am strongly oppose to the
commercial use of 1295 Middlefield Road Trinity Evangelical Church in our residential
area.
The proposed child care activities with 10 children will significantly change the way we
are able to enjoy our relaxing backyard resulting in decreased property value.
Please call if you have any questions.
EvaPapp
...
6/23/2009
To:
From:
Regarding:
ATTACHMENT F
The City Council, city of Palo Alto
Director of Planning and Community Environment, city of Palo Alto
Building Department, City of Palo Alto
Jennifer Culter, Planner, City of Palo Alto
Jane Yang / (408)838-3333
yang.Jane@yahool.com
CultureUnks Inc.
PO Box 3411, Los Altos, Ca 94024
Public Hearing for 1295 Middlefiled Rd. [09PLN-00131].
Dear City Council, Planning Department and Building Department,
These letter responses to your public hearing on 9/23/09 for the conditional use permit of
[09PLN-00131j, a Chinese after school program locat'ed at an old facility of Trinity Lutheran
Church.
First of all, I should disclosure Qur business status. We are the same youth program that has
two sites near by the application's location. It is clear that we will have conflict business
interests for the proposed program nearby. Due to the conflict business interests, we don't
want to vote Yes or No for it. The only thing we are bringing up here is the fairness of legal
competition to do business in your city. The following is the list of questions that we need your
team to consider before your final decision for this case:
1. Building Regulation Issue --Old Church Buildi~g Use for E Occupancy Purpose.
We have been instructed clearly including the Planning Department, City of Palo Alto that all
Cities in the State of California need to follow the "2007 California Building Code" as regulation
for using old facility.
The law under 2007 California Building Code, under Sec. 305.1 and Sec. 305 clearly points out:
"Educational Group E occupancy includes, among otf:lers, the use of a building or structure, or a
portion thereof, by more than SIX persons at ANY ONETIME for educational purposes, through
the 12th grade." (P: 50 of 2007 California Building Code). The 2007 California Building Code is
attached here.
The Trinity Lutheran Church's facility is NOT an E occupancy standard bUilding. By following this
regulation, the proposed after school program's capacity has passed the legal student number
of 6 for not upgrading the facility to E occupancy building code. Cutting operation hour less
than iSH/week doesn't satisfy the law here since the law says if the student number is more
than 6 at "anyone time".
To satisfy the State law, the program has to either cut down the student number to 6, or the
landlord has to upgrade tne facility to E occupancy standard to meet the regulation code. 'We
would like to see this issue will be addressed.
2. Business Legal Issue -Chinese After School Program is Required by a State License.
Chinese after school program is regulated under California Department of Social Services
Community Care Licensing Division. City of Palo Alto is under the CCLD's San Jose Regional
Office: 2580 N. First St., Suite 300, San Jose, CA 95131. (408)324-2148. Please call San Jose
Licensing Office to check this issue.
The application proposed business operation hours will not realistically satisfy the State
Licensing under iSH/week regulation condition. The reasons are:
1) All Palo Alto Unified School District's schools' kindergarten students are off by 11:30-
12:00noon. It will take more than 30H/week to care kindergarten students. How can
they meet less than iSH/week if they accept kindergarten students? Please review the
attached application form from the applicant. It clearly states that they are taking
kindergarten students with tuition fee listed.
Also, the business owner email stated clearly that they would take kindergarten
students. The email from the owner/applicant is also attached here.
2) All Palo Alto public schools' Gl-G3 students are off at 1:30-2:00pm (Hoover is 2pm). All
students are off 1:00-1:30 for Wed. Also, the program will need to close at 6:30pm to
compete with the nearby youth programs where close at,6:30pm. It is their intension to
do so. Please check the attached application form under p: 2 "Late Pickup Charge". It
states: "Children should be picked up by 6:30pm" to avoid a late fee. So, jf they plan to
close by 6:30pm, why their application says differently?
3) Licensing law enforcement has been issuing citations to a quite a few similar programs
in the City of Palo Alto just for this operation hour issue. The business legal status will
be the issue of this program also. The City should also take the responsibility to avoid
such legal problem.
3. Discrimination Issue --Equal Right to do Business in City of Palo Alto.
We have been rejected by City of the Palo Alto for the same above reasons for having the same
program at same facility BEFORE. I was given the State Building Code c.opy for the requirement
of building structure upgrading to E occupancy for the SAME Trinity Lutheran Church when I
first checked your Planning Department in early 2009. Also, during our conditional use permit
application process for other church locations, we were instructed to put public notice outside.
of the facility; but, I didn't see such rule has applied to this case.
My question to the City is: Does the California Building Code apply to all businesses under the
. same condition, or if there's any exception we may search as this case? Or there's different
standard for applying this building code? We do not want to be discriminated for doing the
business in your city just because we are minority and the applicant of this case [09PLN-001131]
is not.
To satisfY the non-discrimination condition, and to search for equal treatment,we would like to
have. the City address the above three issues. If the applicant can clearly meet the State
regulations by:
1) Upgrading the church facility to an E occupancy standard; or
2) To cut down the enrollment number to max. 6 without applying the building upgrading
code;
AND,
3) Clearly make the statement that they will NOT accepting the kindergar:ten students if
they don't apply the State license (The applicant must indicate what grade level
students their program will take. It is important condition for their legal business status).
4) Apply the State License for the program if they will take kindergarten students.
If they will be given the same treatment as we did, we have no problem to see they open the
new program to compete us, or any local youth programs legally, honestly and equal/y.
Los Altos, CA 94024
2007 California Building Code
Definition of Occupancy Classifications
Educational Group E. Educational Group E occupancy includes, among others, the use of a building or
structure, or a portion thereof, by more than six persons at anyone time for educational purposes through
the 12th grade. Religious educational rooms and religious auditoriums, which are accessory to places of
religious worship in accordance with Section 508.3.1 and have occupant toads of less than 100, shall be
Classified as A-3 occupancies.
Exception: [SFM] A residence used as a home school for the children who normally reside at the
residence. Such residences shall remain classified as Group R-2 or Group R-3 occupancies.
Day care. The use of a building or structure, or portion thereof, for educational, supervision or personal care
services for more than six children older than 2% years of age, shall be classified as a Group E occupancy.
Exception: [SFM] A day-care facility not otherwise classified as an R-3 occupancy, where
occupants are not capable of responding to an emergency situation without physical assistance from
the staff, shall be classified as Group 1-4.
Institutional Group I. Institutional Group I occupancy incluqes, among others, the use of a building or
structare, or a portion thereof, in which people are cared for or live in a supervised environment, having
physical limitations because of health or age are harbored for medical treatment or other care or treatment,
or in which people are detained for penal or correctional purposes or in which the liberty of the occupants is
restricted. Institutional occupancies shall be classified as Group 1-1, 1-2, 1-3 or 1-4.
Group 1-1. This occupancy shall include buildings, structures or parts thereof housing clients, on a 24-hour
basis, who because of age, mental disability or other reasons, live in a supervised residential environment
that provides personal care services.
Assisted living facilities such as: Residential Care Facilities, Residential Care Facilities for the Elderly
(RCFE's), Adult Residential Facilities, Congregate Living Health facilities, Group homes, Residential Care
Facilities for the Chronically III, and Congregate Living Health Facilities for the Terminally III.
Social rehabilitation facilities such as: Halfway houses, Community Correctional Centers, Community
Correction Reentry Centers, Community Treatment Programs, Work Furlough Programs, and Alcoholism or
drug abuse recovery or treatment facilities. . .
Group 1-2. This occupancy shall include buildings and structures used for medical, surgical, psychiatric,
nursing or custodial care on a 24-hour basis for more than six persons who are classified as nonambulatory
or bedridden. This group shall include, .but not be limited to, the following:
Hospitals
Nursing homes (both intermediate care facilities and skilled nursing facilities)
Mental hospitals . .
Detoxification facilities
Child care facility. A child care facility that provides care on a 24-hour basis to more than six children 2112
years of age or less shall be Classified as Group 1-2.
Group 1-2.1 ambulatory care facility. A healthc'are facility that receives persons for outpatient medical care
that may render the patient incapable of unassisted self-preservation and where each tenant space
accommodates m~re than five such patients.
Group 1-3. This occupancy shall include buildings or portions of buildings and structures that are inhabited
by one or more persons who are under restraint. An 1-3 facility is occupied by persons who are restrained.
This group shall include, but not be limited to, the following:
Prisons, Jails
Reformatories
Detention centers
Correctional centers, Juvenile Halls
2007 California Building Code
Definition of Occupancy Classifications
Group 1-4, day care facilities. This group shall include buildings and structures occupied by persons of any
age who receive custodial care for less than 24 hours by individuals other than parents or guardians,
relatives by blood, marriage or adoption and in a place other than the home of the person cared for. A facility
such as the above with six or fewer persons shall be classified as a Group R-3. Places of worship during
religious functions are not included.
Adult care facility. A facility that provides accommodations for less than 24 hours for more than six
unrelated adults and provides supervision and personal care services shall be classified as Group 1-4.
Child care facility. A facility that provides supervision and personal care on less than a 24-hour basis for
more than six children 21hyears of age or less shall be classified as Group 1-4.
Exception: A child day care facility that provides care for more than six but no more than 100
children 21/2 years or less of age, when the rooms where such children are cared for are located on
the level of exit discharge and each of these child care rooms has an exit door directly to the exterior,
shall be classified as Group E:
Residential Group R. Residential Group R includes, among others, the use of a building or structure, or a
portion thereof, for sleeping purposes when not classified as an Institutional Group I. Residential
occupancies shall include the following:
R-1 Residential occupancies containing sleeping units where the occupants are primarily transient in nature,
including: .
Boarding houses (transient)
Hotels (transient)
Motels (transient)
Efficiency dwelling units (transient)
R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants
are primarily permanent in nature, including:
Apartment houses
Boarding houses (not transient)
Convents
Dormitories
Fraternities and sororities
Hotels (nontransient)
Monasteries
Motels (nontransient)
Vacation timeshare properties
Efficiency dwelling units (nontransient)
Congregate living facilities with 16 or fewer occupants are permitted to comply with the construction
requirements for Group R-3.
R-4 Residential occupancies shall include buildings arranged for occupancy as residential care/assisted
living facilities including more than six ambulatory clients, excluding staff.
Group R-4 occupancies shall include the following:
Assisted living facilities such as: Residential care facilities, Residential Care Facilities for the Elderly
(RCFE's), Adult Residential Facilities, Congregate Living Health facilities, and Group homes.
Social rehabilitation facilities such as: Halfway houses, Community Correctional Centers, Community
Correction Reentry Centers, Community Treatment Programs, Work Furlough Programs, and Alcoholism or
drug abuse recovery or treatment facilities.
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Rosetta School of Palo Alto Application (2009 -2010 School Year)
Mail completed application and deposit to: The Rosetta School of Palo Alto, P.O. Box 51628, Palo Alto, CA 94303
Child's Name: Age: . I Birthday:
Chinese Name: Next Grade: I Sex:
Speak Mandarin at Home (YIN): Prior Chinese School? Circle K 1 2 3 4
Mother's Name:
Street Address (line 1):
i Street Address (line 2):
City: State: \, Zip:
Daytime Phone: I Cell Phone:
i Business Phone: I Email:
. Father's Name:
Street Address (line 1): c
Street Address (line 2):
City: State: Zip:
Daytime Phone: I Cell Phone:
I Business Phone: I Emai1:
Additional Adults Authorized for Child Pick-Up (Optional)
Name Relationship to Student Phone Number
1.
2.
If you were referred to the Rosetta School, please indicate who referred you. I
Payment Overview Subtotal
Application Fee (non-refundable) $100
** 1/ the application is received by 61112009, the $100 will be credited to the 10th tuition
'payment/or the Ten Payment Plan or immediately credited to the One Payment Plan **
Annual Material and Textbook Fee (non-refundable) $180
Tuition Payment Options
Annual One Payment Plan (4% Savings over Ten Payment Plan) $
Kindergarten: $5,453
Grade 1-4: $4,205 _~.l!~~~~.t.~!~9}!~r.r:.~_~~.~~.~~~~~~.~p.pl!~~!~c?!!}~!l.~~r.r:!!~~~.~y..t!!~.~!.l(~.Q9.~.g.t?~~~i.I}~:._ ... ~ .......... -...... -......... "'--..... -
Ten Payment Plan (Due on the 15 of the month)
Monthly Payment
Kindergarten: $568
I
. Grade 1-4: $438
Deposit of last month's tuition ($568/$438) is due on the day of enrollment (non-refundable) $
If sibling discount applies, please check here ( ), and mUltiply the monthly payment by 0.95 i
Tota1 Due (sum of all subtotals) $
Please make check payable to: Rosetta School
Transportation to the Rosetta School
Do you need to arrange transportation for your child from their elementary school? (YESfNO) I (Refer to Tuition & Fee Schedule; no deposit required at this time)
If Yes, please specify the student's elementary school:
To be completed by Rosetta School:
Date & Time ofRecei t Si nature of Administrator Check # & Pa men! Amount
Page 1 of2
Tuition and Fee Policy
The Rosetta School requires a $100 non-refundable pre-paid application fee for each new student. A material and text book fee is
collected annuaJly attime of enrollment and is non-refundable. For the 2009-2010 school year, this fee is $180/per student. There are
two tuition payment plans available:
I. One Payment Plan
2 .. Ten Payment Plan
Under the One Payment Plan, a single payment is due on the date of enrollment. Under the Ten Payment Plan, ten payments are
scheduled to be paid. The first of the ten payments is due on the day of enrollment. This first payment is a one month tuition deposit
. that applies to the last month's tuition and is non-refundable. The other nine payments are due on the 15'& day ofthemonth, beginning
on August 15(h, 2009, and ending on April 15'h, 20 10. All tuition payments are non-refundable except as described in the withdrawal
and termination policy below.
Sibling Discount Policy
For the Ten Payment Plall, the Rosetta School offers sibling discounts to families enrolling more than one child in the Rosetta School.
Tuition for the youngest student will be at the regular rate with tuitions for other enrolled family members discounted by five percent.
There are no sibling discounts for the One Payment Plan.
Withdrawal and Termination Policy
Parents may withdraw their child &om enrollment upon prior written notice to the Rosetta School. Regardless of the situation, the
non-refundable tuition will be charged. The written notice must be received 30 days in advance of the planned withdrawal date. The
first day of these 30 days is the date that the written notice is received by the Rosetta School staff. Hence, for the consideration of this
policy, the official withdrawal date will be either the 31't day after the recJ!ipt of the written notice or the withdrawal date cited in the
written notice, whichever is later.
• Under the ten payment plan, if the official withdrawal date is after the start of the next billing cycle (starting on the 15'h of the
month), one additional monthly payment will be charged for the following month. How~ver, if the official withdrawal date is
before July 15u., only the last month's non-refundable tuition will be charged.
• All tuition paid is non-refundable under the Ten Payment Plan.
• Under the One Payment Plan, the Rosetta School will refund the difference, if any, between the amount paid and the amount
that would have been paid under the Ten Payment Plan.
• The Rosetta School reserves the right to terminate a student's enrollment at any time for any violation of Rosetta School
policies, procedures and rules by the student or the student's parent(s). .
• The parent is responsible for all tuition payments that are due prior to the date of withdrawal or termination. The refund
policy for termination of enrollment and withdrawal is the same.
• Fees and deposits that are non-refundable will not be refunded regardless of the timing or reason of withdrawaL There will be
no refunds for periods of absence from school regardless of the timing, reason, or duration of such periods of absence unless
otherwise required by applicable law.
Policies for Late Payments, Late Enrollments, and Cbanges to Payment Plans
Payments not received on or prior to the due date will incur a late fee of 5% of the amount due. Any further delay of payment of
tuition will result in termination of enrollment from the Rosetta School.
• The Rosetta School will assess a $25.00 charge for all returned checks.
• Students who are enrolled prior to the beginning of the school year but who delay their start until after the school year has
begun are still responsible for the full school year oftuition and tuition will not be prorated.
• Tuition for students who enroll after the first day of the 2009-2010 school year will be prorated based on the number of days
remaining in the school year.
• Parents will receive a written notice at least 30 days in advance of any change in tuition rates.
Late Pickup Charge
Children should be picked up by 6:30 pm. Any child staying after the pickup time will be charged a penalty of$I.OO per minute to be
paid at the time of pickup. Payments can be made by cash or check and left with the teacher in charge.
By signing this form I acknowledge that I have r.ead and understand this enrollment form in its entirety including all tuition and fees,
withdrawal and termination rules, and other policies. Furthermore, I agree to make the applicable tuition payments as outlined in the
enrollment fonn and to abide by all the policies and procedures of the Rosetta SchooL
Parent's Name (Printed): _____________________ , ___ _
Parent's Signature: ________________________ ---:Date: _____ _
Page 2 of 2
1. Outdoor adventure leadership camp: $1 775/2week ($900/week)
http://www.unalayee.org/contact/index.shtml
2. ld Tech camp, Stanford $]] 39/week, Computer game
http://www.internaldrive.comlart-camp/index.htm
3.
On Thu, 7/30/09, info@rosettaschool.net (info@rosettaschool.net)
wrote:
Hi,
Thanks for your interest.
We accept students entering k-4 in fall. Which grade will your child enter?
We can arrange pick up from Hover. The fee is around $140/month. We don't have
any additional open house planned. If you are interested, we can discuss furttler on
the phone, and then arrange visits. Please let me know.
Regards,
Vivian
Conclusion
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City of Milpitas Architectural Plan Check List J
Building and Safety Divi,ion Education Cent., a cLc
EDUCATION CENTER
ARCHITECTURAL PLAN CHECK LIST
(Group E)
The intent of this checklist is ·to provide a general guideline for the architectural plan review. This
checklist may not include items related to all possible projects. This checklist may include more items
than specific set of architectural plans may encompass.
A.GENERAL
Refer to General Commercial Plan Check List
Code sections as shown:
"sec. 301" is referring to 2007 California Building Code
"CMC sec. 1005.2" .is referring to 2007 California Mechanical Code
"CEC sec. 511.3" is referring to 2007 California Electrical Code
"CPC sec. 610.2" is referring to 2007 California Plumbing Code
"MMC 11-3-2.04" is referring to 2008 Milpitas Municipal Code
B. Building Analysis
Ch. 3 -Use and Occupancy Classification
Refer to General Commercial Plan Check List for additional comments
1. Education center shall be classified as Group E occupancy when the facility is used for educational
purposes for more than 6 children through 121h grade per sec. 305.1.
2. Day care for educational, supervision or personal care services for more than 6 children aged older
than 2-112 years of age shall be classified as Group E occupancy per sec. 305.2.
3. Day care facility providing care for more than 6 but less than 100 children aged 2-1/2 or less
located on the exit discharge level and each room has an exit door directly to the exterior shall be
classified as Group E occupancy per sec. 308.5.2.
Ch. 4 -Special Detailed Requirements Based'on Use and Occupancy
4. All buildings housing Group E occupancies shall front directly on a public street or an exit discharge
not less than 20 ft in width. At least one required exits shall be located on the public street or on
the exit discharge per sec. 442.1.
5. Every room in Group E occupancies with an occupant load of 300 or more shall have one of its
exits or exit-access doorways lead directly into a separate means of egress system with min. of two
paths of exit travel, which are separated in such a manner to provide an atmospheric separation
that precludes contamination of both paths of exit travel by the same fire per sec. 442.2. Not more
than two required exits or exit-access doorways shall enter into the same means of egress system.
1 of 5 January 2009
Planning & Transportation Commission
September 23, 2009
Item 2: Questions from Commissioner Keller:
ATTACHMENT G
1. Please provide a map like Attachment B, but with the parcel in question in the center
of the map, and the map zoomed by a factor of at least 4. Please annotate this map with
the zoning for each parcel or group of parcels.
Attached is the map requested. The subject properties and all surrounding properties are
within the R-l zone with the exception ofthe property containing the Children's Library,
the Lucie Stem Center, and Rinconada Park, which is zoned PF and is located directly
across Melville Avenue from the subject property.
2. Please provide the zoningfor the parcel in question and the list of approved uses and
conditional approved uses for this zone.
Attached you will find an excerpt from the R-l code which includes the land use table
showing the permitted and conditionally permitted uses.
The City of
Palo Alto
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1295 Middlefield Road
This map is a product of the
City of Palo Alto GIS
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The City oJ Pakl AUoauume. tlOfupon$ibIlityfOf any effor$. ClI969 to 2009Clty 01 Palo Alto
18.12.020, Applicable Regulations
combination with the R-1 district, to create and maintain single-family living areas of varying
site size and development characteristics, to reflect and preserve the character of existing
neighborhoods.
(c) Single-Story Combining District (S)
The single-story height combining district is intended to modifY the site development
regulations of the R-1 single-family residence district, to preserve and maintain single-family
living areas of predominantly single-story character. An area proposed for a single story
combining district should be of a prevailing single story character, thus limiting the number
of structures rendered noncomplying by the (S) combining district. It is intended that
neighborhoods currently subject to single story deed restrictions be developed in a manner
consistent with those deed restrictions. Furthermore, it is desirable that homes be similar in
age, design and character, ensuring that residents of an area proposed for rezoning possess
like desires for neighborhood preservation and face common home remodeling constraints.
(Ord. 4869 § 14 (Exh. A [part]), 2005)
18.12.020 Applicable Regulations
The specific regulations of this chapter and the additional regulations and procedures established by
Chapters 18.52 to 18.80 inclusive shall apply to the R-1 district including the R-1 subdistricts.
(Ord. 4869 § 14 (Exh. A [part]), 2005)
18.12.030 Land Uses
The permitted and conditionally permitted uses for the single family residential districts are shown in
Table 1:
TABLE 1
PERMITTED AN D CON DITIONAL R-1 RESIDENTIAL USES
[P = Permitted Use • CUP =Conditional Use Permit Required]
[Table Continues on Next Page]
(Supp. No 13 - 1 011/2007) Ch. 18.12 -Page 2
18.12.040 Site Development Standards
(Ord. 4869 § 14 (Exh. A [part]), 2005)
18.12.040 Site Development Standards
(a) Site Specifications, Building Size, Height and Bulk, and Residential Density
The development standards for the R-1 district and the R-1 subdistricts are shown in Table 2:
Minimum Site Specifications
Site area (sq. ft.)
All lots except flag lots (1)
Flag lots
Site Width (ft)
Site Depth (ft)
TABl.E2
R-1 RESIDENTIAl. DEVEl.OPMENT STANDARDS
[Table Continues on Next Page]
Ch. 18.12 -Page 3 (Supp. No 13 -10/112007)
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The City of PaloAko assume'S no responsibility for any errors.. 0'98910 2009 city of Pakl Alto
City of P alo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE: OCTOBER 26, 2009 CMR: 414:09
SUBJECT: Adoption of Resolution Imposing the City's Last, Best and Final Offer to
Service Employees' International Union (SEIU) Local 521 Pursuant to
Government Code Section 3505.4
RECOMMENDATION
Staff recommends Council approval of the attached resolution imposing the City's last, best
and [mal offer to Service Employees' IntemationalUnion (SEIU) Local 521 pursuant to
Government Code Section 3505.4. The Council is only permitted to approve or disapprove
this resolution and cannot make any changes to terms that were in the City's last, best and
final offer.
BACKGROUND
Government Code section 3505.4 authorizes the City to implement terms of Its last, best and
final offer. Section 3505.4 provides:
If after meeting and conferring in good faith, an inlpasse has been reached
between the public agency and the recognized employee organization, and
iInpasse procedures, where applicable, have been exhausted, a public agency
that is not required to proceed to interest arbitration may implement its last,
best, and [mal offer, but shall not iInplement a lXLemorandum of understanding.
The unilateral implementation of a public agency's last, best, and final offer
shall not deprive a recognized employee organization of the right each year to
meet and confer on -matters within the scope of representation, whether or not
those matters are included in the unilateral implementation, prior to the
adoption by the public agency of its annual budget, or as otherwise required by
law.
The City's agreement with SEIU Local 521 expired on June 30, 2009. The City commenced
negotiations with SEIU on May 4, 2009 regarding the terms and conditions of employment
for this represented unit, and the parties have spent five months and twenty six meetings
negotiating for a successor agreement in spite of the increasing financial strain on the City.
CMR: 414:09 Page 1 of6
Under State law, the City of Palo Alto is required to bargain in good faith and cannot
unilaterally make changes to working tenns and conditions for represented employee groups.
Thus, although the agreement with SEIU expired, the paliies must maintain the status quo
and continue to observe the tenns and conditions of the expired agreement until a new
agreement is negotiated. Although the City may not implement a memoranduln of
agreement, Section 3505.4 gives the City the ability to unilaterally implement terms that
change the status quo following good faith negotiations and impasse.
The prerequisites to unilateral implementation set forth in section 3505.4 have been met.
Over the course of negotiations, the City has reduced its proposals by nearly half, yet the
parties still remain at odds over significant economic issues, as discussed below. As a result
of extensive discussions on L.1.ose issues and the pa..rties' inability to reach agreement or even
make significant progress, the City gave its last, best and fmal offer to SEIU on October 16,
2009. The City and SEIU met on October 20,2009, when SEIU fonnallyrejected the City's
last, best and fmaloffer. Following the Union's rejection, the City declared that the parties
were at impasse. On October 20 and 9ctober 22, 2009, pursuant to section 1208 of the
City's Merit System Rul~s and Regulations, the parties discussed potential ways to resolve
the dispute in order to satisfy the impasse procedures, but did not agree. Beyond such
discussions, there are no required impasse resolution procedures.
Staff is recommending that the council adopt the attached resolution to implement the terms
of the City's last, best and final offer described below. This adoption will not and cannot
establish a new agreement, but rather, will change $ome of the tenns and conditions of
employment under which the parties are currently operating until a new agreement can be
reached. Because this resolution implelnents the tenus of the City's last, best, and final offer,
the Council cannot make any changes to those tenns if it adopts the resolution. The City vlill
be required to meet and confer with the Union prior to adoption of the FY 2011 budget.
DISCUSSION
Since the beginning of these negotiations, the City communicated its need for long-tenn
structural budget change in compensation costs, paliicularly pension and medical costs.
Actuarial evidence of the expected increases in PERS retirement contributions and in the
City's retiree medical liability was presented to SEIU during negotiations. In addition, the
City's budget deficits ($10 million for FY 2010) have been communicated to SEIU and
through numerous public meetings, reports, and budget documents.
(
¥
The City's and Union's positions are fundamentally different. They differ over whether the
City faces long-term fmancial problelus and over their magnitude. The City believes there
are long-term systelnic cost issues that a change in the economic cycle and an uptick in
CMR: 414:09 Page 2 of6
revenues will not address. It faces n1ajor liabilities such as the need to elilnll1ate a significant
infrastructure backlog and to meet its retiren1ent and retiree Inedical obligations. It also faces
considerable operational expenses as voter approved (General Obligation Bonds) new
facilities are brought on-line. In addition, the cun-ent recession (stalied in Decen1ber 2007)
has proven long and severe and the general econoinist consensus is that jobs and conSUlner
spending, the Plincipal econolnic drivers of City revenue, will take Iuany Inore years to
rebound. Moreover, there is increasing evidence that past consun1er spending pattelns Inay
never return to pre-recession levels.
The Union contends that'teluporary or interin1 lueasures such as furloughs and savings
n1eaSlu-es associated with new elnployees can close, what it views, as near-ten11 budget
deficits. The Union's perspective is that the City's revenue shortfalls will be of short
duration and that the econoluy will resuscitate soon elilnll1ating the need for deeper cost
savings. Each side has been consistent il1 their perspectives.
Notwithstanding those dif~erences in perspective, both the City and SEIU have n10ved on
their original proposals. Staliing with a proposal for approximately $4.5 nrillion in ongoing
savings, the City's last best and fmal offer now results in $2.55 lnillion in savings for FY
2010. In its first proposal, the Union requested an increase in cOlnpensation and benefits, but
has subsequently proposed a series of savings plans that are of a short-tenn and longer-tenn
nature, such as implementing furlough days, reducing the tuition and training benefit,
creating a new and less expensive step in the compensation plan, and having new eluployees
contribute more toward the eluployee portion of the PERS retiren1ent plan for a specified
nUluber·ofyears. However, the City believes the Union's longer-telm proposals do not result
in the luagnitude of savings required to solve structural issues. In addition, the data usedto
support the Union's savings estin1ates does not instill confidence in the consistency of those
savIngs.
The Union has been clear and persistent in rej ecting two key features incorporated il1 the
City's proposals as well :as the final offer: (1) contributions by employees to medical
prenuulu costs (currently employees contribute zero dollars) and (2) establishing a second
tier or less relnunerative retireluent plan (20/0 at age 60) for new einployees. In addition, the
Union opposes increasing current eluployee retirement contributions (currently lilnited to two
percent with the City paying the remainder). TIllS unwaveling position led to the City giving'
its last, best and final offer, and, after the Union rej ected that offer, declaration of in1passe.
Summary rof Last, Best and Final Offer
Both the City and the Uluon luodified their proposals by amount and configuration over the
course of the bargaining sessions. The main provisions of the City's last, best and fmal offer
were a result of continuous changes and the give and take in an effort to reach an agreement.
CMR: 4]4:09 Page 3 of6
Overall, the City has lowered the alnount of concessions it originally proposed and has
sought a balance between reductions to en1ployee paychecks (e.g., higher contributions to
PER_S) and to other non-paycheck benefits fevver floating holidays). Staffbelieves that
the last, best and final offer achieved a fair balance, and the lnaj or tenns it is reconllllending
for ilnplenlentation are as follows:
Public En1ployees Retirelnent Systeln (PERS) Elnployee Contribution
The PERS retirelnent enlployee contribution by enlployees is raised froln the CUlTent 2
percent to 8 percent, an increase of 6 percent to en1ployees (the City is cUlTently paying 6
percent of the required 8 percent contribution). This increase will be effective with the pay
period including Decenlber 1, 20m09. The 6 percent increase is a result of the need to close
the FY 2010 budget deficit over the seven ren1aining n10nths of the fiscal year. This is a
direct consequence of the duration of negotiations. Effective with the pay period including
June 30, 20Wl 0, enlployees would be responsible for paying 5.75 percent of the 8.0 percent
of the elnployee PERS contribution. The 5.75 percent (which is an addition of3.75% to the
CUITent 2% elnployee contribution) sufficient to lneet the City's savings goal and to
Inaintain the SaIne level of savings over twelve lnonths as is generated by the higher 6 percent
contribution over an approxilnate seven-nl0nth period in 2010.
Tuition and Training Reilnburselnent
The final offer reduced the current benefit of $1,000 in tuition and training reiInburseInent to
zero. The Union indicated during negotiations that it was amenable to reducing this benefit
although the parties were unable to reach final agreelnent on the alnount.
Furloughs
The last, best and final offer contained no pre-set, unpaid furlough days. This furlough
• '1 'r 1 l' 1 C 1 • 1 1 • • l' • prOVISIon ll1ay oe 11 an elnp oyee appilea lor ana reCeIVeG tne tuItIon anG traInIng
reilnburselnent prior to the ilnplelnentation of the tuition and training reimburselnent
reduction. The furlough would be nlade sufficient to cover the anlount that has been paid to
eUlployee. To date, has no knowledge an SEIU eluployee using the tuition
benefit, so it is likely that the furlough provision will not affect any eInployees.
Floating Holidays
This provision eliIninates two of five floating holidays SEIU elnployees currently receive per
year. It is believed that this will result in an increase in productivity and savings to the City
by a decrease in overtiIne. A value of $170,000 was ascribed to each floating holiday.
The City significantly Inodified its proposals on elnployee contributions to n1edical prenliulns
over the course of negotiations. Whereas in a prior proposal, tlle employee share would rise
over time to a larger share of prelniuln costs, the City's last, best and final offer was for
CMR: 414:09 Page 4 of6
en1ployees to share in the future health care cost increases equally until such time as the
employee pays a maximuln of 10 percent of the total prelniuln for the applicable plan. The
City would pay the remaining 90 percent level. This 9011 0 split of prelniums would continue
into the future. The City believes this is a reasonable way to offer SOlne assurance to
en1ployees on cost increases while also providing financial relief to the City.
2 Percent at Sixty Retirement Plan
To control future retirement costs, the City's last, best and final offer gave a different
retirement formula, 2% of final salary at age sixty, for future new employees. Current
Miscellaneous employees will maintain the 2.7 percent at 55 retirement benefit. The formula
change for new elnployees would have modest fmancial impact in the early years of
ilnplementation but would result in much lower costs over tilne.
The City believes the tenns of its last, best and final offer to SEIU are reasonable given
current economic conditions and the long-term and real financial challenges the City faces.
Staff regrets that a negotiated deal could not be reached at this time, but the press of events
and the need for fiscal responsibility nec.essitates implementation of these last, best and fmal
offer terms.
RESOURCE IMPACT
Based on the City's last, best and final offer described above, the City's estimated savings
during FY 2010 are as follows:
Incremental Six (6) Percent Contribution
to PERS for Relnainder of Fiscal Year:
Elimination of Tuition and Training Benefit
Elimination of Two (2) Floating Holidays
Total Savings for FY 2010
$1,599,500
607,500
340,000
$2.547,000
The "hard" savings in the above is closer to $2.2 million, a lnarked decrease from the City's
October 6, 2009 proposal, and less than half of what the City sought when negotiations began
in May. While the hard savings can be realized this year, the changes to a two-tier retirement
formula ~d contributions to healthcare insurance prelniums will have future benefits that
will assist 1n addressing the structural deficit the City is facing.
POLICY IMPLICATIONS
CMR: 414:09 Page 5 of6
POLICY IMPLICATIONS
This recommendation is consistent with existing City policies.
ENVIRONMENTAL REVIEW
Adoption of this resolution is not considered a proj ect under the California Environmental
Quality and does not require an enviromnental review.
ATTACHMENTS
A. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO IMPOSING THE
CITY'S LAST, BEST, AND FINAL OFFER TO SEIU LOCAL 521 PURSUANT TO
GOVERNMENT CODE-SECTION 3505.4
PREPARED BY: SandraT.R. Blanch,.Assistant Director, Human Resources and, Joe
Saccio, Deputy Director of Administrative Services
DEPARTMENT HEAD: ------~~~~~-----------------------
Director of Human Resources
CITYMANAGERAPPROVAL:;:r;d~~ ~
AMbSK b/ . .....
City Manager (
CMR: 414:09 Page 6 of6
DATE: October 26, 2009
TO: City Council Colleagues
FROM: Council Members Kishimoto, Klein and Yeh
SUBJECT: Directing the City Manager to Explore Ways to Reduce Potable
Water Use in Palo Alto by 20% by 2020.
Recommendation
We ask our Council colleagues to join us in directing the City Manger to
explore and recommend ways the City can reduce our community-wide use
of potable water by 20% by 2020 in conformance with the Governor's water
conservation directive.
We would like the City Manager to come back to Council with his interim
recommendations on World Water Day -March 22, 2010.
Background
Palo Alto purchases its water from the San Francisco Public Utilities
Commission (SFPUC). Roughly 85% of SFPUC water comes from the
Tuolumne River via the Hetch Hetchy Water System and 15% comes from
local sources such as Alameda Creek and Crystal Springs Reservoir. Palo
Alto's contract with the SFPUC guarantees the City up to 17 million gallons of
water per day (mgd) during wet and normal years. Palo Alto currently uses
an average of about 13 mgd.
Palo Alto is a member of the Bay Area Water Supply and Conservation
Agency (BAWSCA), which represents the SFPUC's 27 wholesale water
customers. The average per capita daily residential water use in the
BAWSCA territory is 90 gallons per day (see attached graph). The average
in Palo Alto is 120 gallons per person per day, one of the highest rates in the
region. There is much room for improvement.
As a result of the Water System Improvement Program that the SFPUC
approved last year, the total amount of water allocated to BAWSCA will be
capped at 184 mgd until at least 2018. To stay within this cap, BAWSCA has
committed to conserving or recycling an additional 22 mgd. By reducing its
water use, Palo Alto will play its role in helping BAWSCA stay within the cap.
Other BAWSCA agencies also will be embarking on water conservation and
recycling programs.
On February 28, 2008 Governor Schwarzenegger proposed a comprehensive
plan for improving conditions in the Sacramento-San Joaquin Delta,
including an aggressive new goal for water conservation. The first element
on the Governor's list was "a plan to achieve a 20 percent reduction in per
capita water use statewide by 2020."
Conserving water helps protect natural resources. The Tuolumne -
designated a federal Wild and Scenic River in 1984 -provides water for 2.4
million people in the Bay Area, as well as water for agriculture in the Central
Valley. Currently, 60% of the Tuolumne is diverted for human uses, and as
a result the River has suffered. For example, the salmon population has
plummeted from 18,000 in 2000 to fewer than 500 last year.
Conserving water also will prepare Palo Alto for an uncertain future. As a
result of population growth and climate change, water will become scarcer in
coming years and there will be increasing competition for this vital resource.
It behooves the City to begin planning for this challenge now.
The new Water Supply Agreement between the SFPUC and its 27 wholesale
customers (including Palo Alto), represented by BAWSCA, allows member
agencies to transfer or sell excess water allocations. This could help drive
'more innovative water programs and practices. Because Palo Alto is
allocated 4 mgd more water than it uses, we have the potential to'sell our
excess water to other agencies to help fund our water conservation and
recycling programs.
Possible City Actions
Some opportunities the City Manager might explore include the following
measures:
• Increasing the use of recycled water from our Wastewater Treatment
Plant. Opportunities might include using recycled water to recharge
our upper aquifer and using that water for landscape irrigation.
• Promoting the use of graywater on site. Recent changes to the
plumbing code have made this a little easier.
• Recommending a water efficient landscape ordinance that encourages
the use of drought-tolerant plants and trees.
• Expanding water conservation programs, such as, but not limited to,
the use of mulch material to encourage water retention in adobe soils
and the use of precision water control and monitoring devices to
ensure the appropriate amount of irrigation for fields and parks.
• Using pricing incentives to encourage greater conservation.
• Working more closely with our largest commercial and residential
water customers to encourage more conservation.
• Exploring a retrofit-on-resale ordinance that requires properties to be
upgraded with water efficient appliances and devices at the time of
sale.
• Implementing a water budget program similar to that used in Redwood
City.
• Exploring ordinances aimed at reducing water waste, such as banning
the use of hoses to wash off driveways and sidewalks.
• Expanding our rebate program for water-efficient appliances.
This memo has been reviewed by staff.
We look forward to discussing this recommended action with you.