HomeMy WebLinkAbout2004-06-07 City Council Summary Minutes
Special Meeting
June 7, 2004
1. Gateway Corridor Project Study Session ............................................434
ADJOURNMENT: The meeting adjourned at 6:45 p.m. ................................434
1. Appointment of Candidates to the Historic Resources Board.................435
ORAL COMMUNICATIONS ........................................................................435
APPROVAL OF MINUTES ..........................................................................436
2. Ordinance 4826 entitled “Ordinance of the Council of the City of Palo
Alto Streamlining Planning Procedures by Adding Chapters 2.21
(Architectural Review Board), 18.76 (Permits and Approvals), 18.77
(Procedures for Permits and Approvals), and 18.78 (Appeals), Deleting
Chapters 16.48 (Architectural Review), 18.90 (Variances, Home
Improvement Exceptions, and Conditional Use Permits), 18.91 (Design
Enhancement Exceptions), 18.92 And 18.93 (Appeals), and 18.99
(Administrative Approval of Minor Changes in Projects), Adding
Sections 18.88.200 and 18.88.210, and Modifying Cross-References in
Various Other Code Sections” ..........................................................438
3. Ordinance 4827 entitled “Ordinance of the Council of the City of Palo
Alto Amending and Restating Chapter 2.30 of the Palo Alto Municipal
Code in its Entirety [Contracts and Purchasing Procedures] to Establish
New Contracting and Purchasing Procedures and to Define the Contract
Authority of City Officers and Employees” ..........................................438
4. Resolution 8428 entitled “Resolution of the Council of the City of Palo
Alto Approving Increases in Palo Alto’s Contribution Commitment
Levels for FY 2005, 2006 And 2007 to the Funding of Operation and
Maintenance for the Central Valley Project Power Facilities and
Authorizing the City Manager to Execute Exhibit C, Revision 7 to the
Agreement” ...................................................................................438
5. Resolution 8424 entitled “Resolution of the Council of the City of Palo
Alto Approving Donation of Surplus Fire Equipment to Oaxaca, Mexico” 438
06/07/04 97-431
7. Ordinance 4828 entitled “Ordinance of the Council of the City of Palo
Alto Amending the Budget for the Fiscal Year 2003-04 to Accept and
Expend $57,036 from a State Grant and the Leland Stanford Junior
Excess Cost Agreement Funds into Capital Improvement Program
(CIP) Project PE-00018, Sand Hill Road Bridge Seismic Retrofit” ..........438
8. Resolution 8425 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the Entering and Execution of the Direct Payment
Services Agreement with the State Department of Community Services
and Development - Home Energy Assistance Program” .......................438
9. Ordinance 4829 entitled “Ordinance of the Council of the City of Palo
Alto Authorizing the Negotiation and Execution of the Western Area
Power Administration Custom Products Contract and to Subscribe to
the Day-Ahead Firming Service Product Under Specified Terms and
Conditions During the Period January 1, 2005 Through September 30,
2010, Inclusive” .............................................................................439
10. Contract Between the City of Palo Alto and Novo Construction Inc. ........439
11. Award of Contract Between the City of Palo Alto and ERS Industrial
services ........................................................................................439
12. Award of Contract Between the City of Palo Alto and Ray L. Helwig
Plumbing & Heating ........................................................................439
13. Agreement Between the City of Palo Alto and the Palo Alto Downtown
Business and Professional Association (PADBPA) for the Operation and
Administration of the Downtown Palo Alto Business Improvement
District (BID) .................................................................................439
14. Request for Authorization to Request Opinion from Attorney General Regarding Ability of Council Member to Participate in Decisions
Regarding Stanford University .........................................................439
15. The Policy and Services Committee recommends to the City Council
Implementation of a City-Owned Historic Building Incentive Program ...439
16. Approval of the following Staff recommendation after meeting with
property owners regarding disposal of the University Avenue garage
project ..........................................................................................439
17. Parks and Recreation Commission and Palo Alto Historical Association
Recommendation to City Council to Name the South of Forest Avenue
Park as Palo Alto Heritage Park ........................................................440
06/07/04 97-432
18. Parks and Recreation Commission and Palo Alto Historical Association
Recommendation to City Council to Rename the Arastradero Preserve
as Enid Pearson-Arastradero Preserve Park .......................................441
19. Public Hearing: The City Council will consider an application by Tony
Montooth for a revised Conditional Use Permit (CUP) to allow the sale
of alcoholic beverages (beer, wine, alcohol) at Antonio's Nut House
located at 321 California Avenue ......................................................444
20. Resolution 8427 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 2004-05 in Connection with the Downtown
Palo Alto Business Improvement District” ..........................................444
*21. Public Hearing: The City Council will consider an application by BAR
Architects on behalf of Yoav Shoham and Orit Atzmon for Site and
Design Review of property located at 820 Los Trancos Road ................445
22. Public Hearing: The City Council will reconsider an application by
Cartmell/Tam Architects on behalf of David Ditzel for Site and Design
Review to allow a 1,677 square foot addition to an existing 3,433
single-family residence located at 4010 Page Mill Road .......................449
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS ........................449
23. Item removed at the request of staff ................................................450
24. Public Employment .........................................................................450
FINAL ADJOURNMENT: The meeting adjourned at 10:30 p.m. ......................450
06/07/04 97-433
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:32 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Morton, Mossar, Ojakian
1. Gateway Corridor Project Study Session
Presented by Richard Napier
City /County Association of San Mateo County
• Project Boundaries-Redwood City to Mountain View
• Multiple Studies underway including vehicle, rail, and other modes of
transportation
• Study will not recommend a project for construction
• No EIR or committed funds for a specific project
• Significant public input
• Bringing forward to Council list of ideas from stakeholders
• Palo Alto represented on TAC (Joe Kott) and PAC (Dena Mossar and
Yoriko Kishimoto)
Next Steps:
• Consultation with Public Officials
• Dena Mossar: Noted the initial public outreach and the extra-
ordinary efforts to involve all stakeholders
• Yoriko Kishimoto: Represented City last year. Cited Comprehensive
Plan Policies: T-49, lead in regional traffic; T-53, participate in
regional solutions not including a southern by-pass; T-50 study and advocate progressive traffic management; T-52, support conversion of
traffic lanes to HOU, etc.
• Hillary Freeman: Looking forward to continued consultation
ADJOURNMENT: The meeting adjourned at 6:45 p.m.
06/07/04 97-434
Regular Meeting
June 7, 2004
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:00 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Morton, Ojakian
SPECIAL ORDERS OF THE DAY
1. Appointment of Candidates to the Historic Resources Board
Council Member Cordell announced she would abstain from the vote due to
her absence from the interviews.
City Clerk Donna Rogers announced that Beth Bunnenberg and Susan
Haviland were appointed (with 8 votes) and Patricia DiCicco was appointed
(with 7 votes) on the first ballot to a three-year term ending May 31, 2007.
ORAL COMMUNICATIONS
Doug Cox, 45 Eldorado Avenue, spoke regarding the upcoming music
concert at Foothills Park.
Karen White, 146 Walter Hays, spoke regarding single stream recycling.
Lynn Krug, 322 North Claremont #4, San Mateo, spoke regarding SEIU
negotiations.
Tony Spitaleri, spoke regarding contracting out services for the radio shop in
Palo Alto.
Mike Brady, 8 La Paloma Way, Campbell, spoke regarding SEIU negotiations.
Hugo Estrada, 2912 Cabrillo Avenue, Santa Clara, spoke regarding SEIU
negotiations.
Robyn Scott Forbes, 1434 Woodberry Avenue, San Mateo, spoke regarding
SEIU negotiations.
Lisa Myers, 3300 Page Mill Road, Los Altos Hills, spoke regarding SEIU
negotiations.
Rebecca Barbee spoke regarding SEIU negotiations.
Norman Carroll, Emerson & University, spoke regarding representation.
06/07/04 97-435
Brian Ward spoke regarding SEIU negotiations.
Annette Puskarich spoke regarding SEIU negotiations.
Judy Silva spoke regarding SEIU negotiations.
Eric Fisher spoke regarding SEIU negotiations.
Ed Power, 2254 Dartmouth Street, spoke regarding good government.
APPROVAL OF MINUTES
MOTION: Council Member Morton moved, seconded by Mossar, to approve
the minutes of May 3 and May 10, 2004, as submitted.
MOTION PASSED 9-0.
CONSENT CALENDAR
Council Member Mossar stated she would not participate in Item No. 7 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. 7 due
to a conflict of interest because she was employed by Stanford University.
Council Member Kleinberg stated she would not participate in Item No. 7 due
to a possible conflict because her new employer, the American Electronics
Association, has an organizational institute at Stanford University.
Council Member Freeman said her first question regarding Item No. 14 was
the request for authorization to request an opinion from the Attorney
General about the ability of a Council Member to participate in decisions
regarding Stanford University, which was what was the Palo Alto’s City Attorney’s Office opinion.
Interim City Attorney Wynne Furth said there were no conflicts to the
Political Reform Act, under Government Code Section 1090, which pertained
only to contracting. The City Attorney’s Office believed there was a
possibility of a remote interest, but did not believe there was the kind of
direct interest that would prohibit contracting. They believed there was a
possibility of remote interest that would preclude Council Member
Kleinberg’s participation, although the City Attorneys were not in a position
to provide her with such a level of assurance that she could participate in the
06/07/04 97-436
discussions. The Attorney General, who regularly issued opinions on Section
1090, was in a position to do so.
Council Member Freeman said her second question was regarding Item No.
16. The agenda showed three recommendations coming from the Finance
Committee, but the staff recommendation only showed two
recommendations. She needed clarification as to which recommendation was
to be voted on.
Assistant Director of Public Works Mike Sartor said the initial Finance
Committee recommendation was to include a portion of the bond buy-down
to reduce the assessments to property owners in the parking district. The
Parking Committee preferred having the entire bond buy-down be for the
actual bond and not include an assessment reduction on an annual basis.
Council Member Freeman registered a “no” vote on Item Nos. 2, 3, 10, 12
and 16.
Council Member Kishimoto registered a “no” vote on Item No. 10.
Council Member Morton noted a correction on Item No. 2. The first reading
was on May 10, and not on May 03, 2004.
MOTION: Vice Mayor Burch moved, seconded by Council Member Ojakian,
to approve Consent Calendar Items Nos. 2-5, 7-16.
Beth Bunnenberg, 2351 Ramona Street, spoke regarding Consent Item No.
15. She supported extending the Transfer Development Rights (TDR)
Program to the City-owned historic structures. The Historic Resources Board
(HRB) had requested historic designation that would lead to TDRs. TDRs
were valuable incentives and should be coupled with the protection of
historic features.
Assistant City Manager Emily Harrison clarified Council Member Freeman’s
question regarding Item No. 16. The recommendation being adopted on the
Consent Calendar was staff’s amended recommendation.
Council Member Cordell addressed Item No. 10 and asked if other
municipalities had been contacted to see what contractors had been used to
upgrade their elevators.
Public Works Director Glenn Roberts said research had been done. He said
normally work on elevators took place during the construction of new
buildings. To upgrade an elevator in a 30-year-old building was an unusual
situation and very few companies were available to do the job.
06/07/04 97-437
LEGISLATIVE
2. Ordinance 4826 entitled “Ordinance of the Council of the City of Palo
Alto Streamlining Planning Procedures by Adding Chapters 2.21
(Architectural Review Board), 18.76 (Permits and Approvals), 18.77
(Procedures for Permits and Approvals), and 18.78 (Appeals), Deleting Chapters 16.48 (Architectural Review), 18.90 (Variances, Home
Improvement Exceptions, and Conditional Use Permits), 18.91 (Design
Enhancement Exceptions), 18.92 And 18.93 (Appeals), and 18.99
(Administrative Approval of Minor Changes in Projects), Adding
Sections 18.88.200 and 18.88.210, and Modifying Cross-References in
Various Other Code Sections”
3. Ordinance 4827 entitled “Ordinance of the Council of the City of Palo
Alto Amending and Restating Chapter 2.30 of the Palo Alto Municipal
Code in its Entirety [Contracts and Purchasing Procedures] to Establish
New Contracting and Purchasing Procedures and to Define the Contract
Authority of City Officers and Employees”
4. Resolution 8428 entitled “Resolution of the Council of the City of Palo
Alto Approving Increases in Palo Alto’s Contribution Commitment
Levels for FY 2005, 2006 And 2007 to the Funding of Operation and
Maintenance for the Central Valley Project Power Facilities and
Authorizing the City Manager to Execute Exhibit C, Revision 7 to the
Agreement”
5. Resolution 8424 entitled “Resolution of the Council of the City of Palo
Alto Approving Donation of Surplus Fire Equipment to Oaxaca, Mexico”
7. Ordinance 4828 entitled “Ordinance of the Council of the City of Palo
Alto Amending the Budget for the Fiscal Year 2003-04 to Accept and
Expend $57,036 from a State Grant and the Leland Stanford Junior
Excess Cost Agreement Funds into Capital Improvement Program
(CIP) Project PE-00018, Sand Hill Road Bridge Seismic Retrofit”
8. Resolution 8425 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the Entering and Execution of the Direct Payment
Services Agreement with the State Department of Community Services
and Development - Home Energy Assistance Program”
9. Ordinance 4829 entitled “Ordinance of the Council of the City of Palo
Alto Authorizing the Negotiation and Execution of the Western Area
Power Administration Custom Products Contract and to Subscribe to
the Day-Ahead Firming Service Product Under Specified Terms and
06/07/04 97-438
Conditions During the Period January 1, 2005 Through September 30,
2010, Inclusive”
ADMINISTRATIVE
10. Contract Between the City of Palo Alto and Novo Construction Inc. in the
Amount of $1,489,572 for the Civic Center Elevator Upgrades – Capital
Improvement Program Project PF-01002
11. Award of Contract Between the City of Palo Alto and ERS Industrial
services, in the Amount of $180,275, for the Reclamation Plant Filter
Repairs Project at the Regional Water Quality Control Plant (Wastewater
Treatment Capital Improvement Program Project WQ-80021)
12. Award of Contract Between the City of Palo Alto and Ray L. Helwig
Plumbing & Heating, in the Amount of $119,355, for Cubberley
Gymnasiums ‘A’ and ‘B’ Boiler Replacement – Capital Improvement
Program Project PF-04010
13. Agreement Between the City of Palo Alto and the Palo Alto Downtown
Business and Professional Association (PADBPA) for the Operation and
Administration of the Downtown Palo Alto Business Improvement
District (BID)
14. Request for Authorization to Request Opinion from Attorney General
Regarding Ability of Council Member to Participate in Decisions
Regarding Stanford University
COUNCIL COMMITTEE RECOMMENDATION
15. The Policy and Services Committee recommends to the City Council
Implementation of a City-Owned Historic Building Incentive Program.
(Direction to Director of Planning and Community Environment to
present an ordinance for future public review)
16. Approval of the following Staff recommendation after meeting with
property owners regarding disposal of the University Avenue garage project surplus of $4,041,756:
1. Use $3,541,756 of the surplus to redeem a portion of
outstanding bonds and to pay associated redemption costs.
2. Retain $500,000 of the surplus in a new Maintenance Fund to
fund long-term capital improvements to the Lot R (High/Alma
South) and Lot S/L (Bryant/Lytton) garages.
06/07/04 97-439
Resolution 8426 entitled “Resolution of the Council of the City of Palo
Alto Determining Improvement Fund Surplus and Ordering its
Disposition - University Avenue Area Off-Street Parking Assessment
District”
Mayor Beecham announced Item No.6 was removed by staff and would not
be voted on that evening.
MOTION PASSED 9-0 for Item Nos. 4, 5, 8, 9, 11, and 13-15.
MOTION PASSED 8-1 for Items Nos. 2, 3, 12, 16, Freeman “no.”
MOTION PASSED 6-0 for Item No. 7, Cordell, Kleinberg, Mossar “not
participating.”
MOTION PASSED 7-2 for Item No. 10, Freeman, Kishimoto “no.”
Council Member Freeman addressed Item No. 10 and 12 and asked why
there were only single bids per contract. She noted bids were higher than
staff’s estimates. The elevator contact bid was 43 percent higher and the
broiler replacement bid was 21 percent higher. She addressed Item No. 16
and had concerns about the legality of listing an agenda item that was not
being voted on by Council.
Council Member Kishimoto questioned why there was only one bid received
for Item No. 10. She said the City was a public agency dealing with taxpayer’s money and obligated to receive at least two bids per contract.
REPORTS OF COMMITTEES AND COMMISSIONS
17. Parks and Recreation Commission and Palo Alto Historical Association
Recommendation to City Council to Name the South of Forest Avenue
Park as Palo Alto Heritage Park
Community Services Director Richard James said the staff report
(CMR:309:04) described the process in detail, and he felt a presentation was
not required. He announced he and the Parks and Recreation Commission
(PARC) Chairperson Edie Keating were present to answer questions.
MOTION: Council Member Morton moved, seconded by Ojakian, that the
City Council approve the recommendation from the Parks and Recreation
Commission, the Palo Alto Historical Association (PAHA) and staff to name
the park land, which is currently referred to as the South of Forest Avenue
Park, the Palo Alto Heritage Park. Staff will return at a later date with an
ordinance for approval via the consent calendar dedicating the park land at
06/07/04 97-440
the corner of Homer Avenue and Waverley Street as the Palo Alto Heritage
Park.
Council Member Morton said renaming the park “Palo Alto Heritage Park”
honored those who initially worked at Medical Foundation and brought the
people together who were associated with the area
MOTION PASSED 9-0.
18. Parks and Recreation Commission and Palo Alto Historical Association
Recommendation to City Council to Rename the Arastradero Preserve
as Enid Pearson-Arastradero Preserve Park
Community Services Director Richard James said staff report (CMR:308:04)
provided a detailed description of the process, and he felt a presentation was
not required.
Betsy Allyn spoke of Enid Person’s role in the development and adoption of the Palo Alto’s Parks Dedication Ordinance and her contributions in securing
Palo Alto parklands and open space.
Emily Renzel, 1056 Forest Avenue, spoke of Enid Pearson’s role and
contributions to the community in the preservation of the Arastradero
Preserve.
Tom Jordan, 474 Churchill Avenue, said in 1965 a provision was made in the
Charter where park matters could be voted on by the people. Several park
matters were placed on the ballot that year and through Enid Pearson’s
efforts all changes passed unanimously.
MOTION: Council Member Kishimoto moved, seconded by Cordell, that the
City Council approve the recommendation from the Parks and Recreation
Commission, the Palo Alto Historical Association (PAHA), and staff that
Arastradero Preserve be renamed the Enid Pearson-Arastradero Preserve
and, if so, that the City Council approves the following:
1. Adopt the resolution renaming the Arastradero Preserve as the Enid
Pearson-Arastradero Preserve;
2. Introduce the ordinance amending Palo Alto Municipal Code Section
22.08.330 to formally rename the dedicated park land called the
Arastradero Preserve as the Enid Pearson-Arastradero Preserve; and
06/07/04 97-441
3. Direct staff to include the costs of implementing the recommendation
(approximately $10,000) in the 2004-05 Community Services
Department budget.
Council Member Kishimoto said Council needed to respond to the newly
adopted guidelines of naming and renaming a park and open space. The
requirement was to meet one of three conditions in naming a park after a
person. The person must have made: 1) lasting and significant contributions
to the protection of natural or cultural resources of the City, 2) substantial
contributions to the betterment of a specific facility or park, or 3) substantial
contributions to the advancement of recreational opportunities within the
City. Enid Pearson met all three of the conditions. A higher threshold was
set for renaming a park. The reasons had to be compelling. When renaming
a park, the City had to consider commemorating a person only if the person
had made major overriding contributions to the City and whose distinctions
had not been recognized. The Parks and Recreation Commission (PARC)
endorsed Ms. Pearson’s conclusion about monumental impact on Green
Space, her role as author of Park Dedication Charter Initiative, her
significant contributions to the community, and the preservation of
Arastradero Preserve and other parks and open space in Palo Alto. She added a follow up motion to dedicate a plaque and a Park Dedication
Ordinance to commemorate other key contributors to Arastradero Park
Preserve and the Open Space District.
Council Member Cordell commended Policy & Services (P&S) Committee for
the development of the naming and renaming policy. It was a Palo Alto
process that worked efficiently, quickly and thoughtfully.
Council Member Morton echoed former Council Member Renzel’s comment
that the term Arastradero Preserve was the name the community recognized
and supported by its vote. He felt Foothill Park, the Baylands, and
Arastradero Preserve should stand-alone for the community at large and represent the community.
SUBSTITUTE MOTION: Council Member Morton moved, seconded by
Mossar, to retain the name the “Arastradero Preserve” and to honor Enid
Pearson by naming the gateway to the preserve after her.
Council Member Mossar felt the decision to rename the Preserve should be
delayed until after the City had completed its acquisition of the final acreage
to complete the Preserve. She suggested naming an undedicated building in
honor of Ms. Pearson.
Council Member Kleinberg favored the State’s policy of not naming or renaming a park after a person who was still living for reasons it could be
06/07/04 97-442
viewed as political and/or irrelevant issues. She had great respect for Ms.
Pearson but had spoken to leaders and members of the community who also
had tremendous affinity for the Preserve. Some were dismayed the property
was being named in honor of someone still alive when they felt they had as
much to do with the property. She did not support the main motion or
naming the gateway after Ms. Pearson.
Vice Mayor Burch supported the main motion. He said renaming the
Preserve would be honoring Ms. Pearson but in common plain usage would
still be referred to as the Arastradero Preserve.
Council Member Freeman supported the main motion.
Council Member Ojakian opposed the substitute motion and supported the
main motion.
Mayor Beecham supported the main motion and opposed the substitute
motion.
SUBSTITUTE MOTION WITHDRAWN BY MAKER
MOTION PASSED 7-2, Kleinberg, Mossar “no.”
MOTION: Council Member Kishimoto, seconded by Council Member Ojakian,
to direct staff to research and return to Council with procedures to have a
plaque at the Enid Pearson-Arastradero Preserve to honor the key people,
who were involved in the Preserve.
Ms. Furth said staff could proceed by going to the appropriate staff and
Commissions and to return to Council with an Action item.
Council Member Kleinberg did not support the motion.
Vice Mayor Burch did not support the motion.
Council Member Mossar did not support the motion.
Council Member Cordell supported the motion.
Council Member Ojakian supported the motion. He spoke to people who
were appreciative of only having their name recognized on a plaque.
MOTION FAILED 4-5, Cordell, Freeman, Kishimoto, Ojakian “yes.”
UNFINISHED BUSINESS
06/07/04 97-443
19. Public Hearing: The City Council will consider an application by Tony
Montooth for a revised Conditional Use Permit (CUP) to allow the sale
of alcoholic beverages (beer, wine, alcohol) at Antonio's Nut House
located at 321 California Avenue [04-UP-02]. This request for an
amended use permit has been filed in conjunction with the existing
appeal request [03-AP-08] by Tony Montooth of the Director of
Planning and Community Environment's approval of an amended
Conditional Use Permit in July, 2003 to allow alcoholic beverage
service as a conditional use.
MOTION: Council Member Council Member Ojakian moved, seconded by
Morton, to continue the item to the Council Meeting of June 21, 2004.
MOTION PASSED 9-0.
PUBLIC HEARING
20. Resolution 8427 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 2004-05 in Connection with the Downtown
Palo Alto Business Improvement District”
Manager Economic Resource Susan Arpan gave an overview of staff report
(CMR:290:04). She said the Palo Alto Business Improvement District (BID) was established on January 12, 2004, by City Council. On May 10, 2004,
City Council preliminarily approved the Palo Alto Downtown Business and
Professional Association (PADBPA) report and the Resolution of Intention to
Levy the assessments for 2003-04. On May 26, 2004, the required public
notice was posted in the local newspaper with the Resolution of Notice of
Intention and the map of BID boundaries regarding reauthorization of the
BID for 2004-05. Council was asked to approve the contract with the
PADBPA. The annual contract was automatically renewed at the time of the
annual reauthorization of the BID. Council was asked to take the following
actions to: 1) hear testimonies from BID businesses, 2) calculate
percentages of any protest on the assessment or activities, 3) consider
adoption of the Resolution confirming the annual report, and levying the annual assessment for 2004-05. There were no written protests at the time.
Stephanie Wansek, Cardinal Hotel, PADBPA Advisory Board Chairperson gave
an update of 2003-04 BID budget and activities and upcoming plans for
2004-05 as outlined in Attachment 2 of staff report (CMR:290:04).
Council Member Morton for clarification asked if the BID was looking at a
signature event similar to the Snowman and Sleighride.
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Ms. Wansek said the event would be created and supported by the
downtown marketing merchants. It would not necessarily be a Christmas
event but one the community would look forward to annually.
Council Member Morton clarified the Palo Alto Recreation Foundation in
cooperation with the downtown merchants created the Snowman and
Sleighride event. It had a great history and he looked forward to PADBPA’s
participation in a similar event.
Mayor Beecham declared the Public Hearing was open at 8:48 p.m.
Marc Dickow, Jungle Digital Imaging, 542 High Street, said he wanted to see
more businesses open in Palo Alto for tax base and support. The BID would
be helpful to the community, and he asked for Councils continued support.
Faith Bell, 536 Emerson Street, spoke of enhancements for beautification of
the City such as signage, seasonal flowers and street cleaning. In regard to
the tree lighting in the downtown area, she said PADBPA’S would not want to
take over City services but would work to enhance the areas covered by the
tree lights. A website design was in process as well as completion of a
survey of new businesses to update City’s database.
Mayor Beecham declared the Public Hearing was closed at 8:53 p.m.
MOTION: Council Member Kleinberg moved, seconded by Burch, to adopt a
resolution to approve the 2004-05 Budget Report and to levy the annual
assessment for the Palo Alto Business Improvement District for 2004-05.
Council Member Kleinberg said the PADBPA’s efforts was added support to
the Mayor’s effort in helping retailers in the community.
Vice Mayor Burch said he felt it was a great program and voiced his
continued support.
Council Member Morton echoed Council Member Kleinberg and Vice Mayor
Burch’s comments.
MOTION PASSED 9-0.
*21. Public Hearing: The City Council will consider an application by BAR
Architects on behalf of Yoav Shoham and Orit Atzmon for Site and
Design Review of property located at 820 Los Trancos Road to allow
construction of a 11,006 square foot, two-story, single-family
residence, a 2,294 square foot accessory sports building, swimming
06/07/04 97-445
pool, landscaping and other site improvements. *This item is quasi-judicial
and subject to Council's Disclosure Policy
Project Planner Steven Turner gave an overview of the project and the
Planning and Transportation Commission’s (P&TC) review criteria and
recommendations as outlined in staff report (CMR:203:04)
Planning and Transportation Commissioner Karen Holman said there were
recommended changes by the P&TC where the applicant would need to come
back with the suggested recommendations before the project could be
approved.
Mayor Beecham declared the Public Hearing opened at 9:08 a.m.
Yoav Shoham, property owner, 4058 Orme Street, gave an overview of the
home and its surroundings. He emphasized the natural landscape of the
project would be preserved.
Richard Beard, San Francisco, 1660 Bush Street, project architect, gave a
summary of the project design and materials used. He said a geothermal
mechanical system with high performance, non-reflective, glass would be
used to sustain energy conservation.
Andrea Cochran, spoke regarding the project’s landscape. Many trees would
be preserved and orchard type trees added. A sensitive scheme would be
used to retain the existing natural landscape with low water usage to
maintain native plant materials.
John T. Law, 830 Los Trancos Road, Portola Valley, was a neighbor and a
40-year architect in Palo Alto. He said he had seen several proposed
designs for the site. He felt the design was an excellent piece of architecture
and was in favor of the design.
Herb Borock, P.O. Box 632, said public records needed to indicate which
property the waste water system would be connected to and if property was
being annexed to another waste water system such as the West Bay
Sanitary District.
Mr. Shoham clarified the system was connected to the Coolberg Pump
Station that went through the Layman property and Agusti properties. A
cost-share agreement was approved by the West Bay Sanitary District and
was in the process of securing the annexation. A backup plan was
incorporated to install a leach field if necessary.
Mayor Beecham stated his colleagues did not have any disclosure
statements nor site visits.
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Mayor Beecham declared the Public Hearing closed at 9:23 p.m.
Council Member Morton as a point of clarification asked if approximately
13,300 square feet was being approved which included an 11,000 square
feet home and a 2,200 square feet sports building.
Mr. Turner said that was correct.
Council Member Kishimoto questioned the color of the home.
Director of Planning and Community Environment Steve Emslie said it would
be darker than what was indicated on the color board and the applicant had
to return for staff’s review for a darker color palette.
Council Member Kishimoto questioned the OS zoning of having only 3.5
percent of the site that could be covered with impervious construction.
Roads, tennis courts, barns, outhouses, and swimming pools would be
subject to severe limitations. She asked whether roads were included.
Mr. Emslie said the P&TC had concerns regarding the use of impervious
coverage as a regulator for the maximum size of a home. Revised building
techniques would be explored that resulted in larger amounts of impervious
coverage and review calculating access roads in the lot area.
Ms. Holman said the P&TC said as environmental technologies had improved,
roads and driveways become pervious and the buildings became “bloated,”
resulting in larger construction projects in the OS Districts.
Council Member Kishimoto asked whether Councils approving or
disapproving a project would set precedence to influence what was being
reviewed for the OS District.
Mr. Emslie said he did not believe it would. Council, on the recommendation
of the P&TC, could set zoning regulations at a level to implement the
Comprehensive Plan policies. Previous actions on permits implementing a
previous set of rules would not set any precedence to establish new rules
provided they were consistent with the Comprehensive Plan.
MOTION: Vice Mayor Burch moved, seconded by Council Member Ojakian,
to approve the following in connection with 820 Los Trancos Road:
1. Negative Declaration and Addendum, in accordance with the
California Environmental Quality Act.
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2. Site and Design Review application to allow construction of a
residential structure in the Open Space District, with the findings
and conditions of approval contained in the Record of Land Use
Action.
Additionally, conditions would be added that the sports building would not be
a converted to a residence, and the building color shall be revised to a
darker shade of brown.
Vice Mayor Burch said he preferred having the site as open space but felt the
project design was sensitive to the environmental use of the site. He asked
the applicant to consider using Solar Photovoltaic in the design.
Council Member Ojakian asked if there were size restrictions in the West
zone.
Interim City Attorney Wynne Furth said the only numeric standard of
limitations was the impermeable surface calculation. The project had to meet
the numeric standards then make the required findings in the site and
design review.
Council Member Ojakian said the applicant met all standards.
Council Member Morton asked if there was a history of approving shopping
center size residences and could a policy change be made to change the requirements.
Ms. Furth said Council Members were entitled to present their views on the
matter but to avoid discrimination as to which projects were approved. She
advised when Council was making a decision they would need to consider as
to whether it were correct, fair, and equitable and what decisions were made
in prior similar cases. Discretion and consistency should be considered.
Council Member Morton asked whether consistency was a factor staff and
the P&TC had considered in terms of approval.
Mr. Emslie said yes. Site parameters of adjoining properties and recent
approvals were taken into account to reach site and review findings.
Ms. Furth said Council had considered and rejected size limits on structures
in the area when the district was adopted.
Council Member Morton supported the motion but asked to go on record that
he was reluctant due to its magnitude in size.
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Council Member Kishimoto reluctantly supported the motion. She said she
could have voted “no” to both parts because the cumulative impacts had not
been adequately reviewed. The new policy to replace impermeable
driveways with building space had not been formally adopted but was
informally used. She urged staff and the P&TC to take a closer look when
the project came up for consideration in the fall. For the record, she stated
the possible “no” vote on the next project.
Council Member Freeman said she was in agreement with the design and in
keeping with the surroundings except for the sports building. The pictures
showed the building to be visible from Los Trancos Road. She was
concerned about not having cumulative impact information available on
building intensification in the OS District.
Council Member Kleinberg supported the motion. She echoed Council
Member Freeman’s concern regarding the visibility of the sports building and
asked if the building could be screened with landscaping.
Council Member Cordell said the project fit legally and was sensitive to the
OS District. She supported the motion. She felt it was important to respect
property rights as long as the people were sensitive to the issues that came
with open space.
MOTION PASSED 9-0.
22. Public Hearing: The City Council will reconsider an application by
Cartmell/Tam Architects on behalf of David Ditzel for Site and Design
Review to allow a 1,677 square foot addition to an existing 3,433
single-family residence located at 4010 Page Mill Road and
construction of a new swimming pool, including a request for the
following variances: a 29'6" side yard setback where a 30' setback is
required, construction of an exterior stairway and landing having a 46'
front yard setback and construction of a new garage having a 69' front
yard setback where a 200' setback is required, and a total impervious
area of 13.5%, where 3.5% is normally the maximum allowed. (Item to
be continued to 06/14/04 at the request of the applicant) MOTION: Council Member Council Member Ojakian moved, seconded by
Kishimoto, to continue the item to the Council Meeting of June 14, 2004.
MOTION PASSED 8-0, Burch absent.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Freeman asked if staff would respond to the concerns of the
public member regarding the legal issues of the Foothill Park concert.
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Assistant City Manager Emily Harrison stated the concert must abide by the
requirements of the Palo Alto Municipal Code (PAMC).
Council Member Kishimoto announced the celebrated return of the weekend
Caltrain service and the beginning of the Baby Bullet Express service.
Vice Mayor Burch noted Mayor Beecham and Council Member Council
Member Ojakian attended the Palo Alto Police Reserves dinner on Saturday
night and recognized the important services they provided for the
community.
CLOSED SESSION
The meeting adjourned to a Closed Session at 9:53 p.m. to discuss Closed
Session Item No. 24.
23. Item removed at the request of staff
24. Public Employment
Position: City Attorney
Authority: Government Code Section 54957
The City Council met in Closed Session to discuss matters involving public
employment as described in Agenda Item No. 24.
The meeting reconvened into open session.
Mayor Beecham reported the Council voted (7-2, Council Member Ojakian,
Morton voting “no”) to extend an offer of employment to Gary Baum for the
City Attorney position. The offer will be made and brought back to the
Council on July 14, 2004.
FINAL ADJOURNMENT: The meeting adjourned at 10:30 p.m.
ATTEST: APPROVED:
City Clerk Mayor
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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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