HomeMy WebLinkAbout2005-05-16 City Council Summary Minutes
Special Meeting
May 16, 2005
1. CONFERENCE WITH LABOR NEGOTIATOR ..........................................126
Adjournment: The meeting adjourned at 6:55 p.m. ....................................126
1. Resolution 8528 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Jonathan Hernandez Upon His
Retirement” ...................................................................................127
ORAL COMMUNICATIONS ........................................................................127
2. Resolution 8525 entitled “Resolution of the Council of the City of Palo
Alto to Request the Metropolitan Transportation Commission for the
Allocation of Fiscal Year 2005-2006 Transportation Development Act
Article 3 Pedestrian/Bicycle Project Funding” .....................................129
3. 2nd Reading: Ordinance Approving a Development Agreement with
Stanford University including the Mayfield Lease for the Stanford/Palo
Alto Community Playing Fields (1st Reading 05/02/2005, Passed 5-1, Kishimoto no, Cordell,
Freeman, Mossar not participating) ...................................................................129
4. Approval of Change Order to the Blanket Purchase Order with
Manpower Staffing Services for Temporary Employee Services ............129
5. Approval of a Utilities Enterprise Fund Contract with J. F. Pacific Liners
Inc. in the Amount of $2,093,604 for Sewer Cleaning and Video
Inspection Services Capital Improvement Program Project 17 (WC-
04002) .........................................................................................129
6. Resolution 8526 entitled “Resolution of the Council of the City of Palo Alto Summarily Vacating a 346 Square Foot Portion of Palo Alto
Avenue Adjacent to 548 Palo Alto Avenue and the Rear of 133 Cowper
Street” ..........................................................................................130
7. Public Hearing: Palo Alto Downtown Business Improvement District
and Adoption of a Resolution Confirming the Report of the Advisory
Board and Levying an Assessment for Fiscal Year 2005-2006 in
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Connection with the Downtown Palo Alto Business Improvement
District (BID). ................................................................................130
8. Public Hearing: Consideration of a Zoning Ordinance Update: Adoption
of an Ordinance Adopting a Revised Low Density (RE, R-2, and RMD)
Zoning Districts Chapter (18.10) Amending and Incorporating
Residential Estate (RE) 18.10; Two Family Residence District (18.17);
Two Unit Multiple-Family Residence District (18.19) and Related
Neighborhood Preservation Combining District (NP) 18.30 of Title 18
(Zoning Ordinance) of the Palo Alto Municipal Code and Amending
Cross-References in Various Other Code Sections. [CUP-11]. ..............131
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS ........................135
9. CONFERENCE WITH CITY ATTORNEY -- EXISTING LITIGATION ............135
10. CONFERENCE WITH CITY ATTORNEY-POTENTIAL/ANTICIPATED
LITIGATION ...................................................................................135
ADJOURNMENT: The meeting adjourned at 8:45 p.m. .................................136
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The City Council of the City of Palo Alto met on this date in the Council
Chambers Room at 6:00 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman (arrived at 6:08 p.m.),
Kishimoto, Kleinberg (arrived at 6:10 p.m.), Morton (arrived at
6:18 p.m.), Mossar, Ojakian (arrived at 6:05 p.m.)
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: John Shannon and Council/CAO
Committee (Dena Mossar, Bern Beecham, Yoriko Kishimoto, Jack
Morton)
Unrepresented Employees: City Attorney Gary Baum, City Manager
Frank Benest, City Auditor Sharon Erickson, and City Clerk Donna
Rogers
Authority: Government Code Section 54957.6(a)
The City Council met in Closed Session to discuss matters regarding labor
negotiations as described in Agenda Item No. 1.
Mayor Burch announced there was no reportable action taken.
Adjournment: The meeting adjourned at 6:55 p.m.
05/16/05 99-126
Regular Meeting
May 16, 2005
The City Council of the City of Palo Alto met on this date in the Council
Chambers Room at 7:10 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Morton, Mossar, Ojakian
SPECIAL ORDERS OF THE DAY
1. Resolution 8528 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Jonathan Hernandez Upon His
Retirement”
MOTION: Council Member Ojakian moved, seconded by Morton, to approve
the Resolution.
MOTION PASSED 9-0.
Police Chief Lynne Johnson said Jon Hernandez had extensive experience in
various areas of the Police Department. She congratulated him on his
retirement.
Jon Hernandez thanked the City and the Council for their continued efforts in
improving the direction of the Police Department and for the opportunities
provided to him.
Council Member Kishimoto said she appreciated Jon’s work to safeguard the
streets.
Council Member Mossar said it was a pleasure to work with Jon and valued
his ability to work with people.
ORAL COMMUNICATIONS
Dennis Mitrvzk, 201 Maclane Street, spoke regarding Historic Preservation
and police oversight.
Stephanie Munoz, 101 Alma Street, spoke regarding enforcement priorities.
CONSENT CALENDAR
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Council Member Mossar stated she would not participate in Item No. 2 due
to a conflict of interest because her husband was employed by Stanford
University.
Council Member Cordell stated she would not participate in Item No. 2 due
to a conflict of interest because she was employed by Stanford University.
Council Member Freeman stated she would not participate in Item No. 2 due
to a conflict of interest because she owned property within 500 feet of the
project.
Director of Planning and Community Environment Steve Emslie said staff
recommended the item be continued to a Special Meeting on Tuesday, May
24, 2005 to allow City staff to meet with Los Altos Hills City staff and the
Council. He outlined the formal and informal contacts and distribution of
information that had occurred with Los Altos Hills and other adjacent cities.
MOTION: Vice Mayor Kleinberg moved, seconded by Ojakian, to continue
Item No. 3 to a Special Council Meeting at 6 p.m. on Tuesday, May 24,
2005.
Council Member Beecham said all reasonable and legal requirements had
been met. The Environmental Impact Report (EIR) had been approved and
covered mitigations. He believed the action should not be postponed.
Vice Mayor Kleinberg said the Los Altos Hills Council and their residents
should have complete and adequate notice and the opportunity to provide
feedback.
Council Member Morton said the traffic light was a required mitigation. He
asked whether the Council could modify the EIR.
Mayor Burch said the motion was to move the item to a date certain.
Council Member Morton said if the opportunity to change the EIR was closed,
he did not believe the item should be continued.
Senior Assistant City Attorney Wynne Furth said staff believed continuing the
item to May 24, 2005 could help resolve concerns. If the Council decided to
proceed with the development agreement, there would be an opportunity to
review the design specifics of the Hillview project. Stanford had the right to
develop its specified sites.
Council Member Morton asked whether the Council could review the traffic
light concern.
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Ms. Furth said the traffic light would return when the project was reviewed.
Council Member Morton said it was unfortunate that the item needed to be
moved.
Council Member Kishimoto asked what information was needed for legal
noticing.
Mayor Burch said Council Member Kishimoto’s question was outside the
scope of the issue to be voted on.
MOTION PASSED 5-1, Beecham no, Cordell, Freeman, Mossar not
participating.
MOTION: Council Member Kishimoto moved, seconded by Beecham, to
approve Consent Calendar Item Nos. 2, 4, 5 and 6.
LEGISLATIVE
2. Resolution 8525 entitled “Resolution of the Council of the City of Palo
Alto to Request the Metropolitan Transportation Commission for the
Allocation of Fiscal Year 2005-2006 Transportation Development Act
Article 3 Pedestrian/Bicycle Project Funding”
3. 2nd Reading: Ordinance Approving a Development Agreement with
Stanford University including the Mayfield Lease for the Stanford/Palo
Alto Community Playing Fields (1st Reading 05/02/2005, Passed 5-1, Kishimoto no, Cordell,
Freeman, Mossar not participating)
2nd Reading: Ordinance Amending the Zoning Code and Map in Order
to Implement the Development Agreement and Related Ground Lease
(1st Reading 05/02/2005, Passed 5-1, Kishimoto no, Cordell, Freeman, Mossar not participating)
ADMINISTRATIVE
4. Approval of Change Order to the Blanket Purchase Order with
Manpower Staffing Services for Temporary Employee Services
5. Approval of a Utilities Enterprise Fund Contract with J. F. Pacific Liners
Inc. in the Amount of $2,093,604 for Sewer Cleaning and Video
Inspection Services Capital Improvement Program Project 17 (WC-
04002)
6. Resolution 8526 entitled “Resolution of the Council of the City of Palo
Alto Summarily Vacating a 346 Square Foot Portion of Palo Alto
05/16/05 99-129
Avenue Adjacent to 548 Palo Alto Avenue and the Rear of 133 Cowper
Street”
MOTION PASSED 9-0.
PUBLIC HEARING
7. Public Hearing: Palo Alto Downtown Business Improvement District
and Adoption of a Resolution Confirming the Report of the Advisory
Board and Levying an Assessment for Fiscal Year 2005-2006 in
Connection with the Downtown Palo Alto Business Improvement
District (BID).
Stephanie Wansek, President of the Downtown Business Association,
reviewed the highlights of the Advisory Board’s accomplishments.
Marc Dickow, Chair of the Downtown Streets SubCommittee, responded to a
survey by the Business Improvement District (BID). Two important issues
were addressed; cleanliness of the streets and the unhoused population.
Vice Mayor Kleinberg queried whether the program had designer tip boxes.
Mr. Dickow confirmed. Tip jars would be located throughout the City streets.
The monies collected would channel back into the program.
Council Member Morton said involving the unhoused population gave them
an ownership interest in the downtown area.
Council Member Cordell said Springboard Forward was also working with the
Downtown Streets Committee program. The two programs working together
would set a precedent for other cities.
Mr. Dickow introduced Norm Carroll, Coordinator, Downtown Streets
Program.
Bruce Gee, 1305 Greenwood Avenue, said smaller businesses paid a highly
disproportionate amount of the BID assessment. The benefits of the BID
were skewed towards retailers and restaurants.
Stacey Yates said she was in favor of the BID. As a new business, the BID
gave her the opportunity to be more involved in the Downtown decisions,
events, and programs that affected her business and as a consumer.
Economic Resources Manager Susan Arpan said there were no written
protests at that time.
05/16/05 99-130
MOTION: Council Member Morton moved, seconded by Freeman, to adopt
the staff recommendation to approve the resolution.
Resolution 8527 entitled “Resolution of the Council of the City of Palo
Alto Confirming the Report of the Advisory Board and Levying an
Assessment for Fiscal Year 2005-2006 in Connection with the
Downtown Palo Alto Business Improvement District”
MOTION PASSED 9-0.
Council Member Freeman said the BID group had devised a unique program
that worked with the unhoused population
Council Member Morton said the BID had received many compliments for
their accomplishments.
8. Public Hearing: Consideration of a Zoning Ordinance Update: Adoption
of an Ordinance Adopting a Revised Low Density (RE, R-2, and RMD)
Zoning Districts Chapter (18.10) Amending and Incorporating
Residential Estate (RE) 18.10; Two Family Residence District (18.17);
Two Unit Multiple-Family Residence District (18.19) and Related
Neighborhood Preservation Combining District (NP) 18.30 of Title 18
(Zoning Ordinance) of the Palo Alto Municipal Code and Amending
Cross-References in Various Other Code Sections. [CUP-11].
Director of Planning and Community Environment Steve Emslie said on April
11, 2005, the Council directed staff to review the Ordinance. All the
changes in the R-1 districts had been modified and transferred in the low-
density residential chapter.
Planning Manager John Lusardi said there was one change in the ordinance.
The low-density residential chapter would have a provision for small 450
square foot second units in the R-2 district on lots from 6,000 square feet to
7,500 square feet.
Vice Mayor Kleinberg asked Mr. Lusardi to indicate where the language had changed.
Mr. Lusardi said there was no change to what had been provided.
Planning and Transportation Commissioner Michael Griffin said the Planning
and Transportation Commission (P&TC) approved what had been given to
the Council.
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Council Member Morton reiterated to Mr. Lusardi that a second unit could not
be built in a R-1 district unless the lot was 8,000 square feet or larger, and
in a R-2 district it would be possible to have a 450-square-foot second unit if
the lot was 6,000 square feet or larger.
Mr. Lusardi said the current minimum lot size in the R-2 district was 6,000
square feet; a duplex required a lot size of 7,500 square feet. The added
provision allowed a small 450-square-foot second unit to be built on lots
from 6,000 to 7,500 square feet.
Council Member Morton asked how many R-2 lots abut R-1 lots.
Mr. Lusardi said that information was not available.
Council Member Morton asked how many additional lots would qualify for a
second unit by lowering the square footage from 7,500 to 6,000 square feet.
Mr. Lusardi said there are 373 R-2 lots in the City. There were 106 lots
between 6,000 and 7,500 square feet.
Council Member Morton said he had concerns; he did not follow all the
implications.
Mr. Lusardi said information was provided to the community in five
community meetings and there were few community comments on the low-
density residential zoning.
Mr. Griffin confirmed the subject had not received a lot of discussion when it
was before the Planning and Transportation Commission.
Council Member Kishimoto asked whether there was a map for the R-2 zone.
Mr. Lusardi said the map on the wall illustrated the Residential Estate (RE)
and R-2 districts. It did not show which parcels were 6,000 to 7,500 square
feet.
MOTION: Council Member Beecham moved, seconded by Ojakian, to adopt
the staff and Planning and Transportation Commission recommendation to
approve the proposed ordinance (Attachment A of CMR:249:05) comprising
the revised Low Density Residential (RE, R-2 and RMD) zoning districts
chapter, incorporating all three districts and the Neighborhood Preservation
(NP) Combining District and related revisions into the Zoning Ordinance
Update (ZOU) as a single chapter (18.10) of Title 18 of the Palo Alto
Municipal Code.
05/16/05 99-132
Ordinance 1st Reading entitled “Ordinance of the Council of the City of
Palo Alto Updating the Low-Density Residential District Regulations of
Title 18 [Zoning] of the Palo Alto Municipal Code by Repealing
Chapters 18.10 [Re Residential Estate District Regulations, 18.17 [R-2
Two Family Residence District Regulations, 18.19 [RMD Two Unit
Multiple-Family Residence District, and 18.30 Neighborhood
Preservation Combining District (NP) Regulations] in Their Entirety and
Enacting a New Chapter 18.10 Low-Density Residential Districts”
Council Member Beecham said there had been extensive discussion
regarding the subject.
Council Member Morton asked staff whether a decision could be revised if it
negatively impacted a great number of people.
Mr. Lusardi said staff could prepare an annual report for the P&TC and the
Council highlighting the negative impacts.
AMENDMENT: Council Member Morton moved to include R-2 in second units
in the R-1 report, which would require another paragraph in the annual report.
Council Member Beecham agreed to the amendment.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to include a report for second units in the R-2
district with the annual report prepared for second units in the R-1 district.
Council Member Kishimoto noted the lots were clustered in the University
South and Downtown North area.
Vice Mayor Kleinberg questioned the policy that only allowed a second dwelling unit when it was owned by the same individual as the first unit.
Mr. Emslie said the policy was to ensure second units in that district
remained rental units.
Chief Planning Official Lisa Grote said it was a current R-2 regulation in the
existing ordinance.
Vice Mayor Kleinberg said if the priority was to increase affordable housing
and to increase home ownership, the market should not determine whether
two dwellings on the same property were rental units or home ownership.
Mr. Larkin said there was a distinction between second units added to an
05/16/05 99-133
existing structure and a common interest development, which was a
separate type of ownership interest.
Mr. Larkin explained there was a requirement for compliance with the Sub-
division Map Act and there had to be legal parcels created which was
different than what was proposed.
Vice Mayor Kleinberg said it would preclude what would happen under the
ordinance without an application for division of the parcel.
Mr. Lusardi confirmed. It would not preclude a tenancy in common or a
common ownership.
Vice Mayor Kleinberg stated the ordinance would not allow separate
ownership of units as it currently stood. She asked about the process when
an owner decided to sell a unit.
Ms. Grote said a rental unit could not be converted to a condominium unit
unless there was a consecutive three-year/3 percent or greater vacancy
rate.
Vice Mayor Kleinberg requested a friendly amendment to change the
wording in the ordinance from “churches and religious institutions” to
“religious congregations and institutions”. Also, the green building design
encouraged shaded attachments to homes.
Mr. Lusardi said the Council could add the additional sustainability element.
Vice Mayor Kleinberg asked about the percentage.
Mr. Emslie said the Council could give staff the direction to return with the
correct percentages for the two zones.
Vice Mayor Kleinberg asked about the allowance of detached storage
structures in front yards and suggested a friendly amendment that storage
sheds not be allowed to extend into front yards.
Council Member Beecham suggested staff return to the Council with items
cleaned up.
Vice Mayor Kleinberg said it should be noted there were items that needed
attention.
Council Member Morton said some older homes had freestanding structures
for lawnmowers, garbage cans, and recycling.
05/16/05 99-134
Vice Mayor Kleinberg said she did not believe the ordinance improved the
type of housing needed in the community.
Council Member Mossar said the ability to provide secondary dwelling units
would be limited.
MOTION PASSED 7-2, Mossar, Kleinberg no.
Mr. Griffin said he enjoyed his past four years on the PTC.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Beecham noted a recent article in the Palo Alto Daily
regarding Palo Alto’s energy contracts and, in particular, Enron, which
contained factual errors, innuendos and false allegations. The Daily has
offered him the opportunity to write a column for Sunday’s paper that would
not be edited and also that there would not be any other editorial comments
on the column on that date.
Council Member Mossar stated there was a summary of San Francisquito Creek Joint Powers Authority (JPA) activities since inception (May 1999) at
places that evening, which was a good reminder of all the milestones of the
JPA.
Council Member Kishimoto commented on the impressive JPA chronology and invited her Council colleagues to attend the tour of the San Francisquito
Creek watershed on Saturday May 14, 2005, from 10 a.m. to 4 p.m.
CLOSED SESSION
The meeting adjourned at 8:30 p.m. to a Closed Session.
9. CONFERENCE WITH CITY ATTORNEY -- EXISTING LITIGATION
Subject: Thomas Clark v. City of Palo Alto, Bill Young's Automotive,
et al., San Mateo Co. Superior Court No.: CIV434794
Authority: Government Code section 54956.9(a)
10. CONFERENCE WITH CITY ATTORNEY-POTENTIAL/ANTICIPATED
LITIGATION
Subject: Written claim for damages against the City of Palo Alto by
Fermin Amador
Authority: Government Code Sections 54956.9(b)(1) & (b)(3)(C)
The City Council met in Closed Session to discuss matters regarding existing
litigation and potential/anticipated litigation as described in Agenda Item
Nos. 9 and 10.
05/16/05 99-135
Mayor Burch announced there was no reportable action taken.
ADJOURNMENT: The meeting adjourned at 8:45 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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