HomeMy WebLinkAbout2006-11-06 City Council Summary Minutes
Special Meeting
November 6, 2006
1. Joint Meeting with Historic Resources Board Regarding Issues Related to the HRB .................................................................................................................................. 97
ADJOURNMENT: The meeting adjourned at 6:55 p.m. ......................................................... 97
1. Impact of the Aging Baby Boom Population on Palo Alto Social and Community
Services ........................................................................................................................... 98
ORAL COMMUNICATIONS ...................................................................................................... 98
APPROVAL OF MINUTES ........................................................................................................ 98
4. Resolution 8661 entitled “The Council of the City of Palo Alto Authorizes the City
Manager to Sign and File a Financial Assistance Application and Execute a Loan
Agreement for a State Revolving Fund Loan in an Amount not to Exceed
Nineteen Million Dollars from the State Water Resources Control Board on Behalf of the Palo Alto Regional Water Quality Control Plant for the Design and
Construction of the Mountain View/Moffett Area Reclaimed Water Pipeline
Project” ............................................................................................................................. 100
5. Utilities Advisory Commission Recommendation to Approve Ultra-Clean Local
Distributed Generation Incentive Program Guidelines ................................................ 100
6. Finance Committee Recommendation to Approve City Auditor’s Fiscal Year
2006-07 Work Plan ......................................................................................................... 100
7. Approval of a Contract with C-Way Custodian Services in a Total not to Exceed
Amount of $488,451 per Year to Provide Custodial Services at City Facilities and
Authorization for up to Four One-Year Contract Extensions ...................................... 100
8A. Report of Williamson Act Contracts within the City of Palo Alto................................. 100
8B. (Old Item No. 2) 1st Reading with Revisions - Ordinance Deleting Chapter 18.43
(Community Commercial) and Adding Portions of a New Chapter 18.16
(Neighborhood, Community, and Service Commercial Districts) of Title 18
(Zoning Ordinance) of the Palo Alto Municipal Code .................................................. 100
8C. (Old Item No. 3) Ordinance 4923 entitled “The Council of the City of Palo Alto
Hereby Approves Deleting Chapters 18.41 (Neighborhood Commercial), 18.44
11/06/06 101-95
(Community Commercial Combining District (CC(2)), 18.45 (Service Commercial), and 18.49 (Commercial Downtown), adding Portions of a New
Chapter 18.16 (Neighborhood, Community, and Service Commercial Districts),
adding a New Chapter 18.18 (Downtown Commercial District), and Amending
Section 18.94.970 (Nonconforming Uses and Noncomplying Facilities) of the
Palo Alto Municipal Code (Zoning Ordinance), and Amending Section 16.20.120(A) (Freestanding Signs) of Title 16 (Building Regulations) of the Palo
Alto Municipal Code” ..................................................................................................... 101
8D. (Old Item 8) Resolution 8662 entitled “The Council of the City of Palo Alto
Supports Comprehensive Election Reform that Would Inspire Higher Voter
Confidence in the Elections Process” ........................................................................... 102
9. Public Hearing: To consider a request by Steve Pierce on behalf of John
Woodworth to subdivide a single 16,507 square foot parcel back to the two
original parcels, one at 7,503 square feet and one at 9,004 square feet at 705 &
711 Cowper Street [06PLN-00102]. Exceptions to lot design would be required
to allow a lot area of 7,500 square feet at 705 Cowper Street where 8,500 square feet would normally be the minimum lot area and site widths of 50-feet for 705
Cowper Street and 60-feet for 711 Cowper Street, where a 75-foot lot width
would normally be required. Environmental Assessment: An Initial Study has
been completed and a Negative Declaration has been prepared in accordance
with California Environmental Quality Act (CEQA) requirements. Zoning District: RM-30. ............................................................................................................................. 103
10. Public Hearing: To consider approval of a Request for a Comprehensive Plan
Amendment and Rezoning for a 13.27-acre parcel located within the Enid
Pearson Arastradero Open Space Preserve from Open Space/Controlled
Development to Publicly Owned Conservation Land and from Open Space zone designation to a Public Facility zone designation at 1525 Arastradero Road
[06PLN-00045]. Environmental Assessment: An initial study has been prepared
and a Mitigated Negative Declaration is proposed in accordance with CEQA
guidelines......................................................................................................................... 106
11. Recommendations for Additional Disaster Preparation Resources ........................... 108
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES ........... 110
12. CONFERENCE WITH LABOR NEGOTIATOR ........................................................... 111
FINAL ADJOURNMENT: The meeting adjourned at 10:30 p.m. ........................................... 111
11/06/06 101-96
The City Council of the City of Palo Alto met on this date in the Council Conference Room at 6:05 p.m.
COUNCIL MEMBERS
Present: Barton, Beecham, Drekmeier, Kishimoto, Klein, Kleinberg, Morton, Mossar
Absent: Cordell
HISTORIC RESOURCES BOARD
Present: Bernstein, Bunnenberg, Haviland, Kohler, Makinen, Murden
Absent: DiCicco
SPECIAL MEETING
1. Joint Meeting with Historic Resources Board Regarding Issues Related to the
HRB
No Action Required.
ORAL COMMUNICATIONS
None
ADJOURNMENT: The meeting adjourned at 6:55 p.m.
11/06/06 101-97
Regular Meeting November 6, 2006
The City Council of the City of Palo Alto met on this date in the Council Chambers at
7:10 p.m.
Present: Barton, Beecham, Cordell, Drekmeier, Kishimoto, Klein, Kleinberg,
Morton, Mossar
STUDY SESSION
1. Impact of the Aging Baby Boom Population on Palo Alto Social and Community
Services
Community Services Director Richard James, and Lisa Hendrickson, Avenidas
Executive Director, provided a presentation of their report entitled “Impacts of the Aging Baby Boom Generation on Palo Alto Social and Community Services.” The discussion
summarized the work of a task force of adult service providers, as well as the results of
a community visioning meeting and city-wide survey asking Boomers about their needs
and concerns for the future. It also provided an inventory of existing service providers
and their capacity for enhanced service provision.
One of the major findings of the study is that older adults, defined as 55 years of age
and older, could represent up to 40 percent of Palo Alto population in the next twenty
years, and the fastest growing age group will be people 85 years old and older. The
impacts of this dramatic shift in demographics, especially in a built-out city like Palo Alto, will be dramatic unless planned for well in advance.
No action required.
ORAL COMMUNICATIONS
John Guislin, 225 Middlefield Road, spoke regarding the mitigation of flood risk on San
Francisquito Creek.
Art Lieberman, 751 Chimalus Drive, spoke regarding the release of toxic chemicals at two sites, which should be added to the list of emergency dangers within the City.
Alison Cormack, 3487 Ross Road, spoke regarding the Library Advisory Commission’s
recommendation to expand the Mitchell Park Library.
Norman Carroll, 3061 Emerson Street, spoke regarding holiday giving.
Robert Moss, 4010 Orme Street, spoke regarding the importance of voting on Tuesday,
November 7.
APPROVAL OF MINUTES
MOTION: Council Member Morton moved, seconded by Mossar, to approve the
11/06/06 101-98
minutes of October 10, 2006, as submitted.
MOTION PASSED 8-0 Kleinberg abstaining.
CONSENT CALENDAR Council Member Klein said he was advised by staff not to participate on Item No. 2 since this item was the Community Commercial (CC) zoning district, which includes
Stanford lands and his wife is employed by Stanford University. Council Member Cordell said reference was made to the Stanford Shopping Center in Item No. 2, page 3. Planning and Community Environment Director Steve Emslie confirmed the two items were separated because Item No. 2 had a Stanford conflict and Item No. 3 did not. City Attorney Baum confirmed there was a Stanford conflict in Item No. 2.
Council Member Mossar said she would not participate in Item No. 2 but noted the ordinance wording in Item No. 2 had been revised since the first review by the Council.
She asked whether the change pertained to Item No. 3.
Mr. Emslie said the change pertained to the Community Commercial (CC) Zoning District, as it affected Town and Country Village Shopping Center only. Staff had mischaracterized the transmittal of the Planning and Transportation Commission
(P&TC) recommendation. The P&TC changes were made and it was recommended the
Council remove Item No. 2 and re-notice as a public hearing.
Council Member Mossar asked to remove Item No. 2 because although both the Town and Country Village Shopping Center and Stanford Shopping Center had CC zoning,
the change only pertained to the Town and Country Village Shopping Center.
Mr. Baum asked if Item No. 2 was separated when it was first before Council. Mr. Emslie said it was but he would check on exactly how the issue was presented
initially.
MOTION: Mayor Kleinberg moved, seconded by Beecham, to remove Item Nos. 2 and 3 from the Consent Calendar to become Item Nos. 8B and 8C.
MOTION: Council Member Klein moved, seconded by Mossar, to remove Item No. 8
from the Consent Calendar to become Item 8D.
MOTION: Council Member Barton moved, seconded by Morton, to approve Consent Calendar Items Nos. 4 through 7 and 8A. 4. Resolution 8661 entitled “The Council of the City of Palo Alto Authorizes the City
Manager to Sign and File a Financial Assistance Application and Execute a Loan
Agreement for a State Revolving Fund Loan in an Amount not to Exceed
Nineteen Million Dollars from the State Water Resources Control Board on
11/06/06 101-99
Behalf of the Palo Alto Regional Water Quality Control Plant for the Design and Construction of the Mountain View/Moffett Area Reclaimed Water Pipeline
Project” 5. Utilities Advisory Commission Recommendation to Approve Ultra-Clean Local Distributed Generation Incentive Program Guidelines 6. Finance Committee Recommendation to Approve City Auditor’s Fiscal Year 2006-07 Work Plan 7. Approval of a Contract with C-Way Custodian Services in a Total not to Exceed Amount of $488,451 per Year to Provide Custodial Services at City Facilities and Authorization for up to Four One-Year Contract Extensions 8A. Report of Williamson Act Contracts within the City of Palo Alto MOTION PASSED 9-0 for Items 4 through 8A. 8B. (Old Item No. 2) 1st Reading with Revisions - Ordinance Deleting Chapter 18.43
(Community Commercial) and Adding Portions of a New Chapter 18.16
(Neighborhood, Community, and Service Commercial Districts) of Title 18
(Zoning Ordinance) of the Palo Alto Municipal Code
Council Member Cordell stated she would not participate in Item No. 8B due to a conflict
of interest because she was employed by Stanford University.
Council Member Klein stated he would not participate in Item No. 8B due to a conflict of interest because his wife was employed by Stanford University.
Council Member Mossar stated she would not participate in Item No. 8B due to a
conflict of interest because her husband was employed by Stanford University.
Council Member Beecham requested an explanation regarding the coversheet for Item
No. 2.
Mr. Emslie said the Planning and Transportation Commission (P&TC) had amended the
motion several times regarding the application of mixed use in the CC District. The final outcome was recorded and communicated by staff that the P&TC’s recommendation for
mixed use included stand alone residential. When the minutes were verified, it was
determined that residential would only be allowed in conjunction with a hotel and not
stand alone. The change was made based on the P&TC’s recommendation.
Council Member Beecham asked whether a hotel could be built to include “for sale”
units if they were included in the hotel project.
Mr. Emslie said that was correct.
Mayor Kleinberg asked for clarification on Item No. 8B. She said the Council wanted to
allow housing at the Town and Country Village Shopping Center but she did not recall
the requirement that housing be attached to a hotel.
11/06/06 101-100
Mr. Emslie said staff was attempting to clarify the issue with an amendment. Staff had misstated the P&TC’s recommendation that zoning would allow stand alone housing,
side-by-side with other commercial as mixed use. If the Council wished to revisit the
item, staff would need to bring the item back as a public hearing and reintroduce the
ordinance.
Mayor Kleinberg asked whether both Items No. 2 and 3 were affected.
Mr. Emslie said if either item were to be changed, staff would need to bring them back
together.
MOTION: Vice Mayor Kishimoto moved, seconded by Morton, to approve Item No. 8B,
Ordinance Deleting Chapter 18.43 (Community Commercial) and Adding Portions of a
New Chapter 18.16 (Neighborhood, Community, and Service Commercial Districts) of
Title 18 (Zoning Ordinance) of the Palo Alto Municipal Code. MOTION PASSED 6-0 for Item No. 8B, Cordell, Klein, Mossar not participating.
8C. (Old Item No. 3) Ordinance 4923 entitled “The Council of the City of Palo Alto
Hereby Approves Deleting Chapters 18.41 (Neighborhood Commercial), 18.44
(Community Commercial Combining District (CC(2)), 18.45 (Service Commercial), and 18.49 (Commercial Downtown), adding Portions of a New
Chapter 18.16 (Neighborhood, Community, and Service Commercial Districts),
adding a New Chapter 18.18 (Downtown Commercial District), and Amending
Section 18.94.970 (Nonconforming Uses and Noncomplying Facilities) of the
Palo Alto Municipal Code (Zoning Ordinance), and Amending Section 16.20.120(A) (Freestanding Signs) of Title 16 (Building Regulations) of the Palo
Alto Municipal Code” Council Member Klein said he wanted to vote on Item No. 3, but required further
clarification since the agenda stated Item No. 3 was a second reading.
Mr. Emslie said to clarify the situation, he suggested bringing back both items for another hearing to review the P&TC’s recommendation on both items and to accurately reflect Council’s direction.
Mr. Baum noted the hearing would be for changes and staff would be prepared to
answer Council’s questions. Council Member Klein asked whether a second reading was allowed on Item No. 3 at
this evening’s meeting.
Mr. Baum said yes. Council Member Klein asked whether the Council would be voting for a second reading
on Item No. 3 if the vote was made on what currently was on the table.
Mr. Baum said yes.
11/06/06 101-101
Council Member Drekmeier asked whether the floor area ratio (FAR) for housing would be less if there were no hotel in the formula for the Town and Country Village Shopping
Center.
Mr. Emslie said the formula had not been changed. It was still part of the
recommendation.
MOTION: Vice Mayor Kishimoto moved, seconded by Morton, to approve Item No. 8C,
Ordinance 4923, Approve Deleting Chapters 18.41 (Neighborhood Commercial), 18.44
(Community Commercial Combining District (CC(2)), 18.45 (Service Commercial), and
18.49 (Commercial Downtown), adding Portions of a New Chapter 18.16 (Neighborhood, Community, and Service Commercial Districts), adding a New Chapter
18.18 (Downtown Commercial District), and Amending Section 18.94.970
(Nonconforming Uses and Noncomplying Facilities) of the Palo Alto Municipal Code
(Zoning Ordinance), and Amending Section 16.20.120(A) (Freestanding Signs) of Title
16 (Building Regulations) of the Palo Alto Municipal Code.
Mr. Barton questioned that Mr. Emslie stated the bonus for housing was still included in
the Town and Country Shopping Center with the hotel and how could that be if no
housing was allowed without a hotel.
Mr. Emslie said it was a bonus for a hotel and, if the hotel contained a percentage of
housing, it was permitted. It did not include a bonus for purely residential stand alone.
MOTION PASSED 9-0 for Item No. 8C.
8D. (Old Item 8) Resolution 8662 entitled “The Council of the City of Palo Alto
Supports Comprehensive Election Reform that Would Inspire Higher Voter
Confidence in the Elections Process”
Council Member Klein said the fifth “Whereas” clause in the resolution stated public perception was that political contributions have adversely affected and influenced
elections. The action items referred to the conduct of elections, the process of voting
and not the process of contributions in trying to influence the public. He felt it was
inappropriate from a stylistic standpoint. He requested an explanation on the voter-
verified paper balloting process.
Council Member Drekmeier referred to Section 1 (3) of the ordinance in clarifying
Council Member Klein’s concern regarding the fifth “Whereas” clause. The clause
referred to situations where a higher official was on a campaign team in support of a
candidate. He explained a voter-verified paper balloting process consisted of a paper printout appearing on a screen. The voter would press a button to verify their vote,
which would release a receipt into a box to be used for verification in the event of a
recount.
Council Member Klein asked whether a voter-verified paper balloting process was the only verification method to obtain an accurate count of votes.
Council Member Drekmeier said there were several electronic voting machines
11/06/06 101-102
available but they did not all have the capability to recount votes. The Optiscan was another mechanism where a paper ballot would be completed and would feed through a
computer instantly registering the data as well as leaving a paper trail.
MOTION: Council Member Klein moved, seconded by Drekmeier, to approve the
resolution with the following changes: 1) Delete the last “Whereas” clause on Page 1; 2) Amend Section 1., Page 1, to add the words “process or other similar systems”; and 3)
Delete Item (7) “The counting of all votes in public and at local venues in the presence
of citizens and credentialed members of the news media.”
Council Member Cordell said she supported the motion but asked to retain Item (7), which implied the counting would not be performed behind closed doors.
Council Member Mossar said she felt the ordinance was poorly worded and she would
vote no.
Council Member Beecham said he would vote no.
Mayor Kleinberg referred to Item (3) and raised concern regarding judicial oversight and
how it could apply to members of the judiciary to not actively participate in a campaign
for another judge.
Mr. Baum clarified the language stated “who are responsible for the oversight of
elections” which implied an election official.
Mayor Kleinberg asked whether it could be interpreted to prevent judges from being involved in judicial campaigns.
Mr. Baum recommended referring to a member of a legislative branch or executive
official.
Council Member Cordell said it would be a stretch to imply it impacted judges and she
was not concerned. She urged the Council to support the motion.
MOTION PASSED 7-2, Beecham, Mossar no.
UNFINISHED BUSINESS
9. Public Hearing: To consider a request by Steve Pierce on behalf of John
Woodworth to subdivide a single 16,507 square foot parcel back to the two
original parcels, one at 7,503 square feet and one at 9,004 square feet at 705 & 711 Cowper Street [06PLN-00102]. Exceptions to lot design would be required
to allow a lot area of 7,500 square feet at 705 Cowper Street where 8,500 square
feet would normally be the minimum lot area and site widths of 50-feet for 705
Cowper Street and 60-feet for 711 Cowper Street, where a 75-foot lot width
would normally be required. Environmental Assessment: An Initial Study has been completed and a Negative Declaration has been prepared in accordance
with California Environmental Quality Act (CEQA) requirements. Zoning District:
RM-30.
11/06/06 101-103
Planning and Community Environment Director Steve Emslie said the property was
formerly the Cowper Inn and the proposal was to subdivide a property merged in the
mid-1980’s. It would allow the owners to sell each parcel individually as single-family
residences. The result would be a conforming lot with non-conforming structures. The
houses would be over the maximum floor area ratio (FAR) and would not conform to the current daylight plane for the property. If the property were altered, it would need to be
brought up to compliance and the size of the homes reduced.
Council Member Drekmeier asked whether both structures would remain intact and sold
as single-family homes.
Senior Planner Steven Turner clarified the intent was to keep both structures intact. A
bridge connecting the two structures would be removed through an Architectural Review
Board (ARB) application process.
Planning and Transportation Commissioner (P&TC) Daniel Garber said the P&TC
focused on how to keep the existing structures intact. The applicant’s proposal would
be for the single parcel to revert back to two parcels with no changes except removal of
the bridge. Returning the site to its original form created an incentive to purchase the
sites individually, keep the existing structures, and retain greater FAR rather than tearing them down and rebuilding.
Council Member Morton asked why a condition was not requested to preserve the
historical character of the structures.
Mr. Garber said the P&TC found it more compelling to leave the structures as non-
complying, which created a greater incentive to keep the houses in their existing form.
Council Member Morton said it might not add anything compelling but it would provide
an incentive to preserve the buildings and make it clear why the Council would grant the excess FAR.
Mr. Garber said a substantial change would result in re-permitting work on the buildings,
which would require going through the Architectural Review Board (ARB) process. If
the homes were scrapped and reconstructed, they would need to be rebuilt under more constrained codes. The processes already in place would prevent that from happening.
Council Member Drekmeier asked what the existing FAR was and what the applicant
would be entitled to if they were to start over.
Mr. Turner said 705 Cowper exceeded the maximum FAR. Its FAR was 5,758 square
feet and the current FAR allowance for a single-family house was 5,000 square feet.
Mayor Kleinberg declared the Public Hearing open at 9:07 p.m.
Steve Pierce, 209 Cowper Street, Applicant representing the owners John and Peggy Woodworth said staff report (CMR:394:06) described the project in detail. The homes
were purchased by the Woodworth’s in the mid-1980’s and the Cowper Inn opened in
1986. The City required the Woodworths to merge the properties because of parking
11/06/06 101-104
which straddled the property line. The Woodworths are planning to close Cowper Inn and sell the homes with the interest to preserve them. Splitting the lots would preserve
the houses for several reasons. The lot was zoned for RM30 and with a total square
footage of 16,500 the property was vulnerable to redevelopment as a multi-family
project, but less vulnerable if it were split in two. The yield would be lowered from eight
to four possible units. There were four existing units. Each house had an accessory unit. The potential buyers were interested in purchasing the property for single-family
homes and not a development project.
Council Member Morton said he found Mr. Pierce’s comments to be inconsistent. Mr.
Pierce indicated the homes were historical but it would detour buyers if a condition was granted to split the lots subject to a covenant to preserve the historical character. He
suggested potential buyers would be interested because they cared about the historical
nature of the structures.
Mr. Pierce clarified buyers would be attracted to the homes because of their historical nature but they would be detoured if there were restrictions that would impede their
ability to upgrade the homes.
Mayor Kleinberg declared the Public Hearing closed at 9:12 p.m.
MOTION: Council Member Barton moved, seconded by Beecham, to approve staff and
the Planning and Transportation Commission’s recommendation to adopt the Negative
Declaration and the proposed preliminary parcel map with exceptions to subdivide a
single 16,507 square foot parcel into two parcels, one at 7,503 square feet and one at
9,004 square feet, and grant exceptions for lot width and lot area, based upon the findings and conditions contained within the Record of Land Use Action.
The following items have also been provided for review:
- Environmental Assessment and Negative Declaration; and
- Preliminary Parcel Map plan set.
Council Member Barton said to return the site back to two properties would be a good
approach in preserving the structures. Under the current zoning, the structures would
not be allowed to remain their existing size, which implied they would not retain their
current structure.
Council Member Beecham echoed Council Member Barton’s comment and supported
the motion.
Vice Mayor Kishimoto asked whether consideration was given to rezone the property as
R1 or R2.
Mr. Turner said it was not discussed. The property was zoned RM30 and by building a
single-family home on the lot it would revert to the R1 rules. The RM30 zoning code
stated when using the R1 code, R1 rules must apply. Rezoning would not be required.
Vice Mayor Kishimoto asked if there would be a reason for the City to not consider
rezoning to R1 or R2 if the agreement was to keep the units in the backside of the
property as single-family homes.
11/06/06 101-105
Mr. Emslie said it would be the prerogative of the City to designate the site to the appropriate zone. Based on the testimony of the applicant, the City would agree with
their goals to preserve and remain in non-conforming status in the R1 standards. It
would not be different from the conditions created by subdividing. The Council could
initiate rezoning. It would require action to initiate it at a separate hearing, and then it
would be referred to the P&TC with a recommendation back to the Council.
AMENDMENT TO THE MOTION: Council Member Morton moved to have the lot split
granted on the condition that the historical condition of the residence be preserved.
Council Member Barton did not accept the amendment because he felt it was not necessary. The reason the Council was taking action on the issue was because the
City compelled the owners to merge the lots together 20 years ago. It would be
unreasonable for the Council to come back now and subdivide at the owner’s request
and to undo what the Council requested the owners to do and to place a condition.
AMENDMENT FAILED FOR LACK OF A SECOND.
MOTION PASSED 9-0.
10. Public Hearing: To consider approval of a Request for a Comprehensive Plan Amendment and Rezoning for a 13.27-acre parcel located within the Enid
Pearson Arastradero Open Space Preserve from Open Space/Controlled
Development to Publicly Owned Conservation Land and from Open Space zone
designation to a Public Facility zone designation at 1525 Arastradero Road
[06PLN-00045]. Environmental Assessment: An initial study has been prepared and a Mitigated Negative Declaration is proposed in accordance with CEQA
guidelines.
Ordinance 4924 entitled “The Council of the City of Palo Alto Hereby Amends the
Zoning Map to Change the Zone Designation for 1525 Arastradero Road from
the Open Space (OS) Zone Designation to the Public Facility (PF) Zone Designation”
Resolution 8663 entitled “Resolution of the Council of the City of Palo Alto
Adopting an Amendment to the Comprehensive Plan Land Use Map by
Changing the Land Use Designation for 1525 Arastradero Road from Open Space/Controlled Development to Publicly Owned Conservation Land”
Planning and Community Environment Director Steve Emslie introduced Senior Planner
Chris Riordan to answer application-related questions and Planning & Transportation
Commissioner Dan Garber to answer commission-related questions.
MOTION: Vice Mayor Kishimoto moved, seconded by Drekmeier, to approve staff and
the Planning and Transportation Commission’s recommendation to adopt the mitigated
negative declaration, approve a Resolution adopting a Comprehensive Plan
amendment to “Publicly owned Conservation Land,” and adopt an Ordinance to rezone the 13.27-acre parcel to “PF” (Public Facilities) with one correction to have the rezoning
of the parcel changed to PF-D.
11/06/06 101-106
Vice Mayor Kishimoto said Herb Borock’s letter mentioned that the PF-D overlay was instituted to have a site and design review of ecologically sensitive land. The
Arastradero Preserve was zoned as PF-D.
Planning and Community Environment Director Steve Emslie said staff did not
recognize it to have a material difference. The City controlled City-owned land and all proposals would come from the Council. The restrictions based on the grant dollars
used to acquire this property would prevent development.
Council Member Barton said the item was not noticed to change the zoning.
Mr. Baum clarified the item would need to be renoticed in order to change the zoning.
Mayor Kleinberg asked whether there was an option to approve the motion and to bring
back the PF-D overlay at a subsequent meeting.
Mr. Baum said that could be done the beginning of 2007 since it required going through
the P&TC process. He said there were grant restrictions but the difference between the
PF and the PF-D overlay was that a hearing was required under a PF zone.
Mr. Emslie clarified that City-owned land zoned PF were parks. The PF-D overlay would require an ordinance.
Vice Mayor Kishimoto said she understood a PF-D overlay would go through the
Architectural Review Board (ARB) and Planning and Transportation Commission
(P&TC) process before returning to the Council.
Mayor Kleinberg declared the Public Hearing open at 9:25 p.m.
Herb Borock, P.O. Box 632, said public hearings for a zone change always have been
publicly noticed “or such other zone as the P&TC and the Council found appropriate.” It was not necessary to have the item brought back to the Council for the overlay. He
referred to parcel boundaries that extended to the north side of Arastradero Road when
the 432-acre parcel south of Arastradero Road had zoning and land use map
designation changes. The same action was taken for the 77-acre parcel north of
Arastradero Road in changing the boundaries of the property. Maps needed to be changed to conform to the actual 13.27 acres since the map shown in the staff report
was 11.41 acres. The site and design review designation applied to every open space
land in the Baylands and in the Foothills and should apply to this parcel. He referred to
16,000 to 20,000 cubic yards of foreign soil placed on the property, which need to be
disposed of and should be included in the environmental assessment.
Mayor Kleinberg declared the Public Hearing closed at 9:28 p.m.
SUBSTITUTE MOTION: Council Member Mossar moved, seconded by Morton, to
approve staff and the Planning and Transportation Commission’s recommendation to adopt the mitigated negative declaration, approve a Resolution adopting a
Comprehensive Plan amendment to “Publicly owned Conservation Land” and adopt an
Ordinance to rezone the 13.27-acre parcel to “PF” (Public Facilities).
11/06/06 101-107
Ordinance 4924 entitled “The Council of the City of Palo Alto Hereby Amends the Zoning Map to Change the Zone Designation for 1525 Arastradero Road from
the Open Space (OS) Zone Designation to the Public Facility (PF) Zone
Designation”
Resolution 8663 entitled “Resolution of the Council of the City of Palo Alto Adopting an Amendment to the Comprehensive Plan Land Use Map by
Changing the Land Use Designation for 1525 Arastradero Road from Open
Space/Controlled Development to Publicly Owned Conservation Land”
Council Member Morton urged the Council to move forward and accept the staff recommendation.
Council Member Klein asked what the cost and time would be to go through the process
again to add the PF-D designation.
Mr. Emslie said he would have to analyze the time required.
Council Member Klein asked what the cost would be to re-advertise the public hearing.
City Clerk Donna Rogers said it would be approximately $200.
Council Member Klein agreed with Mr. Borock and recalled that years ago notices used
to read “or such other zone as the P&TC and the Council found appropriate.”
Mr. Baum said he was not aware of how notices read in the past, but he confirmed the current notice did not include the language.
Council Member Klein asked if there was a policy in place not to use such language.
Mr. Emslie said that had been the wording in the notice for the past five years.
Council Member Klein said he would support the motion.
Mr. Baum said he would verify the language.
SUBSTITUTE MOTION PASSED 6-3, Cordell, Drekmeier, Kishimoto voting no.
REPORTS OF OFFICIALS
11. Recommendations for Additional Disaster Preparation Resources
MOTION: Council Member Barton moved, seconded by Mossar, to approve the
recommendation for disaster preparation resources and the associated funding plan, as
outlined: Approve the addition of one limited hourly temporary part-time position to the
Police Department for a period of 18 months. The position would serve as Coordinator of Homeland Security and Community Outreach.
Council Member Morton asked whether a person had been chosen to fill the position.
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Assistant City Manager Emily Harrison said a candidate had been chosen for the position.
Council Member Klein referred to a New York Times article written by a Stanford
professor indicating that face masks were a good local government investment for
disaster preparedness.
Ms. Harrison said the Santa Clara County Department of Public Health and experts
from the Palo Alto Medical Foundation have advised that masks would be most effective
for those who are ill, as opposed to protecting people from getting ill. The fitted mask
was the key to their efficacy. Staff did not believe stockpiling the standard mask was effective.
Council Member Klein asked for a description and cost of a permanent alternate
Emergency Operations Center (EOC) and a mobile command vehicle.
Police Chief Lynne Johnson said the intent was to purchase a mobile command vehicle
in July 2007 since it had been included in the proposed 2007-08 Capital Improvement
Project (CIP) Budget. The CIP funding did not allow for purchase of a vehicle large
enough to serve as a secondary mobile EOC. The unit was a Recreational Vehicle
(RV) type and would provide dispatch capabilities and self-supporting command center and used for man-made or natural disasters as a mobile command post. The two
possibilities for a secondary EOC would be the SCADA Center and the Art Center.
Council Member Klein asked about cost and staffing.
Ms. Johnson said the cost would be $400,000 and the command vehicle would house
approximately 10 staff members.
Ms. Harrison said the City was fortunate in securing Homeland Security funds to equip
other emergency preparedness efforts.
Ms. Johnson said the Police Department received a buffer zone grant to help purchase
a new SWAT Team vehicle.
Council Member Klein asked what the timeline would be for the alternate EOC.
Ms. Johnson said the Department was currently in the process of working out the details
for additional wiring and computers for the Art Center and would be returning to Council
for additional funding within the next few weeks.
Ms. Harrison said staff spent a considerable amount of time with the School District
exploring the possibility of 25 Churchill as an alternate backup since the District needed
an EOC backup. However, staff found the building was not seismically safe. The Art
Center was designated as primary backup EOC.
Council Member Klein asked when the project would be presented to the Council.
Ms. Harrison said changes to the Art Center could be moderate and may not
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necessitate a presentation to the Council.
Council Member Klein said he would like a Council presentation.
Ms. Harrison confirmed it would be presented.
Mayor Kleinberg said the staff report (CMR:403:06) indicated a contract would be
established with Andy Coe for development of communication plans and protocols with
a recommendation to hire an 18 month, part-time person to work on Homeland Security
and Community Outreach. Officer Ken Dueker had been acting in this capacity since
early October. She needed clarification on what the Council was voting on.
Ms. Harrison said both staff personnel would be paid from salary savings. Staff
recommended Council approve the temporary position for Officer Dueker. She
confirmed one position would not replace the other and no action was required for Andy
Coe.
Mayor Kleinberg said the report indicated staff wanted the Council’s input on the
additional initiatives planned for stockpiling/procurement and community
education/outreach. It would be premature to have an in-depth conversation prior to
performing community outreach or the work of Mr. Coe and Officer Dueker with various stakeholder groups. She suggested agendizing the discussion in conjunction with the
entire disaster plan.
Ms. Harrison said it was tentatively agenized for December 11, 2006. The plan included
dealing with the pandemic flu and the communication issues would need to be incorporated into plan.
MOTION PASSED 9-0.
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Council Member Beecham reported that last week the Northern California Power Association (NCPA) celebrated the 20th anniversary of clean power production at The
Geysers in Lake County.
Council Member Morton stated he attended the recent presentation of the Clean Water
Act First Place Award to the North County Cities for Clean Water Recognition.
Council Member Morton congratulated the City Auditor for the report on the increase in
sales tax report.
City Auditor Sharon Erickson confirmed that sales tax is slightly up.
Vice Mayor Kishimoto reported she made a presentation on zero waste and climate
change at the Association of Bay Area Governments (ABAG) General Assembly and
thanked Karl Knapp and Russ Reicher for providing data.
Mayor Kleinberg noted she spent Friday and Saturday as a guest of the Fritz Institute in
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Sebastopol, which works on a global scale to develop assessment methodologies for disaster planning. She also noted she participated with Berkeley Mayor Tom Bates in
judging the first Annual Stanford-Cal Cook-Off held in Berkeley. Although the Stanford
team had prepared a delicious three course meal, they lost to the Cal Team by a
fraction of a point.
COUNCIL ADJOURNED TO CLOSED SESSION at 9:58 p.m.
12. CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: City Manager and his designees pursuant to Merit Rules and
Regulations (Frank Benest, Emily Harrison, Russ Carlsen, Carl Yeats, Sandra Blanch, Darrell Murray, David Ramberg)
Employee Organization: Local 1319, International Association of Fire Fighters
Authority: Government Code Section 54957.6(a)
Mayor Kleinberg stated no reportable action was taken.
FINAL ADJOURNMENT: The meeting adjourned at 10:30 p.m.
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal
Code Sections 2.04.180(a) and (b). The City Council and Standing Committee meeting
tapes are made solely for the purpose of facilitating the preparation of the minutes of the meetings. City Council and Standing Committee meeting tapes are recycled 90 days
from the date of the meeting. The tapes are available for members of the public to listen
to during regular office hours.
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