HomeMy WebLinkAbout2004-07-12 City Council Summary Minutes
Regular Meeting
July 12, 2004
1. Resolution of the Council of the City of Palo Alto Expressing
Appreciation to Kathleen Ann McKenna Upon Her Retirement ...............34
2. Selection of Candidates to be interviewed for the Planning and
Transportation Commission .............................................................34
ORAL COMMUNICATIONS ........................................................................35
APPROVAL OF MINUTES ..........................................................................35
3. Adoption of a Budget Amendment Ordinance (BAO) in the Amount of
$37,000 Transferring Funding From the Park Impact Fee Fund into the
Palo Alto SOFA Park Capital Improvement Project Number PG-02018
and Approval of A Contract with Loral Landscaping Inc. in the Amount
of $234,052 for Construction of Heritage (SOFA) Park Improvements ...36
4. Parks and Recreation Commission and Palo Alto Historical Association
recommendation to City Council to Name the South of Forest
Coordinated Area Plan Phase I Park As "Palo Alto Heritage Park” ..........36
5. Request for City Council to Adopt a Resolution Designating a Heritage
Tree Owned by Ms. Barbara Carlitz, at 2291 Ramona Street ................36
6. Contract Between the City of Palo Alto and Kuehne Construction in the
Amount of $769,198 for Fire Stations 1 and 2 Improvements – Capital
Improvement Program Project PF-01004 ...........................................36
7. The Finance Committee recommends to the City Council acceptance of
the Auditor's Office Quarterly Report ................................................36
8. Contract Between the City of Palo Alto and RRM Design Group in the Amount of $99,000 for Fire Station 3 and 4 Replacement Feasibility
Study – Capital Improvement Program Project PE-04013 ....................37
9. Recommendation of the Council/Council Appointed Officers (CAO)
Committee Regarding Interviews For a Consultant To Facilitate CAO
Evaluations....................................................................................37
07/12/04 98-31
10. 800 High Street [04-PM-02]: Request by Palo Alto High Street Partners
for a Final Map for Property Located at 800 High Street for the
Development of a 60 Unit Condominium Project .................................37
11. Contract Between the City of Palo Alto and Loral Landscaping, Inc. in
the Amount of $86,972 for Embarcadero Median Landscape and
Irrigation Improvements .................................................................37
12. Approval of Contribution to the Housing Trust of Santa Clara County in
the Amount of $150,000 from the Residential Housing In-Lieu Fund .....37
13. Policy and Services Committee recommendation re Approval of a
Charter Amendment re Encroachment by Palo Alto Unified School
District Walter Hays School .............................................................37
13A. (Old Item No. 20) Conference with Labor Negotiator Agency
Negotiator: City Manager and his designee pursuant to Compensation
for Unrepresented Employees (Frank Benest, Leslie Loomis) ................45
14. Policy and Services Committee recommendation re the Nomination
and Election Process for the Mayor and Vice-Mayor ............................45
15. Policy and Services Committee recommendation to adopt an ordinance
to make it a standing policy that Board Members and Commission
Members should not use their titles or positions for the purpose of
signing ballot measures. .................................................................47
16. Public Hearing: The City Council will consider adopting a resolution
confirming the report of delinquent administrative penalty bills and
directing that a lien be recorded with the Santa Clara County
Recorder’s Office against properties located at 1042 Metro Circle, Palo
Alto, APN: 127-04-041 and 3376 Ross Road, Palo Alto, APN: 127-48-
033 (Item continued from 5/17/04; staff requested item to be continued to 8/9/04) ..................47
*17. 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
continued from 6/14/04) ............................................................................48
07/12/04 98-32
18. Public Hearing: The City Council will consider awarding an option to
lease to Crimson Palate, Inc., (d.b.a. Saffron Club Restaurant) for the
city-owned property located at 445 Bryant Street, Palo Alto, commonly
known as the non-parking area on the Lot S/L site. Terms of the lease
include a 10-year term and the requirement that the property be used
for restaurant and/or office/retail use. (Item to be continued to 07/19/04 at the
request of staff) ....................................................................................54
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS ........................54
19. Conference with City Attorney -- Existing Litigation ............................55
21. Conference with City Attorney -- Potential /Anticipated Litigation .........55
FINAL ADJOURNMENT: The meeting adjourned at 11:10 p.m. ......................55
07/12/04 98-33
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:05 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kleinberg, Morton, Mossar,
Ojakian
ABSENT: Kishimoto
SPECIAL ORDERS OF THE DAY
1. Resolution of the Council of the City of Palo Alto Expressing
Appreciation to Kathleen Ann McKenna Upon Her Retirement
MOTION: Council Member Morton moved, seconded by Burch, to continue
the resolution.
MOTION PASSED 8-0, Kishimoto absent.
2. Selection of Candidates to be interviewed for the Planning and
Transportation Commission
MOTION: Council Member Mossar, seconded by Ojakian, to instruct the City
Clerk to bring forward, on the next Council agenda, a report to appoint
Patrick Burt and Karen Holman as Planning and Transportation
Commissioners to four-year terms ending on July 31, 2008.
Council Member Mossar said since there were only three applicants for two
vacancies and two of the applicants were existing Commissioners with strong
records of service, she suggested moving forward and reappointing the two
existing Commissioners.
Council Member Kleinberg did not support the motion. She felt it would cast
a negative effect on future applicants seeking appointment.
Council Member Freeman did not support the motion. She felt anyone
applying should be given the opportunity for an interview.
Mayor Beecham supported the motion.
Council Member Cordell did not support the motion. She echoed Council
Member Kleinberg’s comments.
MOTION PASSED 5-3, Cordell, Freeman, Kleinberg no, Kishimoto absent.
07/12/04 98-34
ORAL COMMUNICATIONS
Susan Kirk, 203 Capelli Drive, Felton, spoke regarding the Juana Briones
house.
Jeanne McDonnell, 1509 Portola Avenue, spoke regarding the Juana Briones
house.
Melanie Cross, 4170 Old Adobe Road, spoke regarding the Juana Briones
house.
Norman Carroll, Emerson and University, spoke regarding Council
performance.
Wilma Espinoza, 1051 Harbor Boulevard, Belmont, spoke regarding Juana
Briones house.
Lynn Chiapella, 631 Colorado Avenue, spoke regarding a contract to improve
Embarcadero Road. She had recently asked for money to repair damage
from Caltrain construction in South Palo Alto.
Mayor Beecham stated Kathleen Ann McKenna was on an extended vacation
trip and would not be present at the meeting. Her Resolution would be
brought back on a consent calendar and presented to her upon her return.
APPROVAL OF MINUTES
MOTION: Vice Mayor Burch moved, seconded by Mossar to approve the
minutes of June 7 and 14, 2004, as submitted.
MOTION PASSED 8-0, Kishimoto absent.
CONSENT CALENDAR
MOTION: Council Member Morton moved, seconded by Kleinberg, to
continue Item No. 10 to the July 19, 2004, City Council meeting.
MOTION PASSED 8-0, Kishimoto absent.
MOTION: Council Member Morton moved, seconded by Mossar, to approve
Consent Calendar Item Nos. 3-9 and 11-12.
Council Member Freeman registered a no vote on Item No. 9.
07/12/04 98-35
Council Member Morton announced the City Auditor’s Office was awarded the
2003 Knighton Award for the Audit of Development Review Process awarded
by the National Association of Local Government Auditors in the small audit
category.
LEGISLATIVE
3. Adoption of a Budget Amendment Ordinance (BAO) in the Amount of
$37,000 Transferring Funding From the Park Impact Fee Fund into the
Palo Alto SOFA Park Capital Improvement Project Number PG-02018
and Approval of A Contract with Loral Landscaping Inc. in the Amount
of $234,052 for Construction of Heritage (SOFA) Park Improvements
Ordinance 4836 entitled “Ordinance of the Council of the City of Palo
Alto Amending the Budget for the Fiscal Year 2004-05 to Provide an
Additional Appropriation of $37,000 from the Park Impact Fee Fund
into Capital Improvement Program (CIP) Project Number PG-02018,
Palo Alto SOFA Park”
4. Parks and Recreation Commission and Palo Alto Historical Association recommendation to City Council to Name the South of Forest
Coordinated Area Plan Phase I Park As "Palo Alto Heritage Park".
Ordinance1st Reading entitled “Ordinance of the Council of the City of
Palo Alto Amending Section 22.08.390 of Chapter 22.08 of Title 2 of
the Palo Alto Municipal Code to Rename the South Of Forest
Coordinated Area Plan Phase I Park as Palo Alto Heritage Park”
5. Request for City Council to Adopt a Resolution Designating a Heritage
Tree Owned by Ms. Barbara Carlitz, at 2291 Ramona Street
Resolution 8444 entitled “Resolution of the Council of the City of Palo
Alto Designating a Heritage Tree at 2291 Ramona Street”
ADMINISTRATIVE
6. Contract Between the City of Palo Alto and Kuehne Construction in the
Amount of $769,198 for Fire Stations 1 and 2 Improvements – Capital
Improvement Program Project PF-01004
7. The Finance Committee recommends to the City Council acceptance of
the Auditor's Office Quarterly Report.
07/12/04 98-36
8. Contract Between the City of Palo Alto and RRM Design Group in the
Amount of $99,000 for Fire Station 3 and 4 Replacement Feasibility
Study – Capital Improvement Program Project PE-04013
9. Recommendation of the Council/Council Appointed Officers (CAO)
Committee Regarding Interviews For a Consultant To Facilitate CAO
Evaluations
10. 800 High Street [04-PM-02]: Request by Palo Alto High Street Partners
for a Final Map for Property Located at 800 High Street for the
Development of a 60 Unit Condominium Project
11. Contract Between the City of Palo Alto and Loral Landscaping, Inc. in
the Amount of $86,972 for Embarcadero Median Landscape and
Irrigation Improvements
12. Approval of Contribution to the Housing Trust of Santa Clara County in
the Amount of $150,000 from the Residential Housing In-Lieu Fund
Council Member Kleinberg expressed her appreciation for the Housing Trust
of Santa Clara County.
MOTION PASSED 8-0 for Item Nos. 3-8 and 11-12, Kishimoto absent.
MOTION PASSED 7-1 for Item No. 9, Freeman no, Kishimoto absent.
Council Member Freeman said she voted no on Item No. 9 because she felt
the time and effort spent to evaluate the Council Appointed Officers (CAO’s)
could have been completed by the Council. She had volunteered to take on
the task and calculated that over a three-year period it would have saved
$20,000.
REPORTS OF COMMITTEES AND COMMISSIONS
13. Policy and Services Committee recommendation re Approval of a
Charter Amendment re Encroachment by Palo Alto Unified School
District Walter Hays School
Council Member Freeman stated she would not participate in the item due to
a conflict of interest because of Government Code Section 1090, as she was employed as a substitute teacher with the Palo Alto Unified School District
(PAUSD).
07/12/04 98-37
Assistant City Manager Emily Harrison gave a presentation as outlined in
staff report (CMR:330:04). She said the City tried to avoid putting the
measure on the November 2005 ballot, but the PAUSD, and staff felt it was
the solution to the problem. The PAUSD offered to equally share the cost of
the election, and staff was confident the PAUSD would support the ballot.
Gail Price, Palo Alto Unified School District, 4082 Orme Street, said the
PAUSD’s first choice was to complete a land swap without placing the issue
on the November 2005 ballot. Elements of the land swap were completed
including a survey, moving the fence, and landscape modification. The
election cost was estimated at $100,000. If the measure failed, the option
was to move the portable classrooms at an estimated cost of $300,000. A
land swap would allow educational programs to be closer to the rest of the
campus. The PAUSD supported the recommendation of placing the measure
on the November 2005 ballot and agreed to pay for half of the cost of the
election.
Jean Wilcox, 4005 Sutherland, said she would not support any land swaps
until all portable buildings were removed from school sites and Rinconada
Park. The portables created clutter and took away valuable open space for
children’s recreation. Removing the buildings would solve the encroachment
problem, tidy up the schools and the park, and would save the City money.
The PAUSD had $17,000,000 in their reserve fund and could afford the clean
up.
Wayne Swan, 240 Kellogg Avenue, spoke regarding the encroachment of the
PAUSD portable buildings onto City parkland.
Emily Renzel, 1056 Forest Avenue, said there was a State Ordinance that
allowed only one specific exchange. It differed from a Charter Amendment
that allowed an exchange but did not define the minimum amount of land that could be swapped. She asked that the City Ordinance include the
minimum amount of land to be exchanged and felt that less than one acre
would be ample for an exchange on any of the PAUSD property or
neighborhood parks.
Herb Borock, P.O. Box 632, said the City and the PAUSD always had an
option of an exchange of parkland pursuant to the existing Charter
provisions that permitted voters to remove parklands. He did not agree the
Charter be amended to make it easier should the situation arise again.
Robert Moss, 4010 Orme Street, said there should be a vote on correcting
the unfortunate encroachment. Exchange of parkland for other properties
was rare in Palo Alto. He felt an exchange of properties in small increments
07/12/04 98-38
could be done without going through the expense of an election.
Tom Jordan, 474 Churchill Avenue, said the Charter Amendment should
include the provision that there would be no other diminishing use of the
park. He felt the minimum property size for exchange should be no greater
than one-fourth of an acre.
Mandy Lowell, 1423 Hamilton Avenue, said portable buildings were also used
by Palo Alto Childcare and allowed for flexible enrollment and class size
reduction. An exchange would reduce taxpayer expense and provide a
better configuration of grassed boundaries for public access at Rinconada
Park.
Mayor Beecham declared the public hearing closed.
Council Member Cordell said she was in support of a Charter Amendment
because it was the legal action to take in order for the land swap to occur.
The amendment should be narrowly drafted and not use the term “minor.”
The Amendment should either define a certain amount of land or use the
word “diminimus” making the message clear to Council Members who had to
deal with a similar situation in the future.
MOTION: Council Member Morton moved to support the staff
recommendation with the modification that it apply only to this specific
exchange. Furthermore, that the Charter Amendment be limited to a specific
exchange.
Council Member Morton said it was an issue that would impact the
configuration of Rinconada Park. The Council should make it possible to
surrender parkland when necessary.
Council Member Kleinberg said she would second the motion with the
clarification that it would amend the Charter. She asked that the land swap
be limited to a quarter acre or less.
Interim City Attorney Wynne Furth advised a Charter Amendment would be
required for the purpose of a generic authorization of some magnitude of
exchange. It would be an approval for more than what was currently being
exchanged. A Charter Amendment would not be required for approval of a
specific exchange. It could be accomplished through an Ordinance that
would exchange land between the PAUSD and the City.
Mayor Beecham asked whether the Ordinance would go to the public or the
Council.
07/12/04 98-39
Ms. Furth said the Ordinance would go to the public.
Council Member Morton said the public would need to state whether or not
they wanted to approve the specific exchange through an Ordinance.
Mayor Beecham said he had not heard a second.
Council Member Ojakian asked what amount of land was in question.
Ms. Harrison said it was approximately one-tenth of an acre.
Council Member Ojakian asked about ramifications if the PAUSD was willing
to do a land swap without going to the voters.
Ms. Furth said the Palo Alto Charter clearly established the importance of
maintaining parkland for park purposes and incorporated it by reference to a
State Law that governed aspects of the management of public parks. It
described a procedure for dedicating and abandoning public parkland and a
summary procedure for a minor exchange of land with a private property
owner. That section did not require the more extensive review processes
that initially led the previous City Attorney to recommend to the Council the
incorporation by reference of those rules included the motion that a
diminimus exchange of property with a private owner would not require a
vote of the public. The situation was complicated because the PAUSD was
not a private party. When cases were reviewed with diminimus land swaps,
none of the cases exactly addressed that issue, but involved small amounts
of land that suggested the City would not be totally confident of prevailing if
this approach was taken. An Ordinance would be required to complete the
land swap because there was a Park Improvement Ordinance that would
cover the item. Any Ordinance adopted would be referendable and could face an election. She clarified there was three-tenths of an acre to be
considered.
Council Member Ojakian clarified it was the boundary line that was being
changed and not a size reduction to the park.
Ms. Furth said that was correct.
MOTION FAILED FOR LACK OF A SECOND
MOTION: Council Member Ojakian moved, seconded by Mossar, to direct
staff to return with an Ordinance to provide a land swap with the Palo Alto
Unified School District and not go to an election.
07/12/04 98-40
Council Member Ojakian said the Ordinance approach meant Council was
taking the leadership. Since it was a matter of swapping the same size
piece of land, he did not feel it would be detrimental to the community and
would not require going to the ballot.
Council Member Mossar said the public would not understand why taxpayers’
money was being spent to accomplish an even exchange of land to solve two
problems: 1) To make it possible for the PAUSD to continue business at the
Walter Hays site; and 2) to protect the City’s interest at Rinconada Park.
She asked if the exchange of land gave the City a better configuration for its
parkland.
Ms. Harrison said it was the opinion of the Community Services staff.
Council Member Mossar was not in favor of amending the Charter. She said
the most rational way to resolve the problem was for Council to take
leadership, spend the least amount of money, maintain a strong relationship
with the PAUSD, and have the community know their dollars were spent
wisely.
Council Member Morton said he understood it was illegal to transfer the
City’s parkland to the PAUSD. He proposed an Ordinance because an
exchange would be a precedent for the PAUSD taking undedicated parkland.
Ms. Furth said the question involved the interpretation of Palo Alto’s Charter.
To date, there was no court case that interpreted that particular issue, and
she needed to work with the cases that existed. The cases incorporated by
reference of the Government Code did not give a definitive answer. The legal
and most conservative approach was to present it to the voter either by
specific approval or a generic authorizing amendment to the Charter. The Ordinance approach would be a diminimus adjustment. The Park Dedication
Ordinance was designed to preserve the integrity of the parks and
referenced a set of rules that made a distinction between losing a park and
adjusting a boundary. It was reasonable to say that under the circumstances
and taking into consideration the great deference that needed to be given to
the voters’ opinion on the management of the City’s parks, it was diminimus
and did not require voter approval. The argument could be taken to Court.
Council Member Morton asked what was the likelihood of prevailing if it was
taken to Court.
Ms. Furth said she did not know what the decision would be, but she felt the
City had a good chance of prevailing.
07/12/04 98-41
Council Member Kleinberg asked if it would be more costly to risk a lawsuit.
She asked if staff was retreating from the recommendation when Ms.
Harrison stated the recommendation would be amending the Charter to
mitigate a chance of a lawsuit.
Ms. Furth said no. It was a policy recommendation and the cost and
uncertainties of litigation or ballot measures were factored in. She said the
City Attorney’s office did not advise Council that it was an illegal course of
action, however, members of the public had.
Council Member Kleinberg asked what was a possible illegal course of action.
Ms. Furth said to follow the course of action suggested by Council Member
Ojakian.
Council Member Kleinberg clarified that it was illegal not to go for a Charter
Amendment.
Mayor Beecham asked for clarification.
Ms. Furth said there were multiple aspects on the decision. An election
would be a safe harbor. If a reasonable argument could not be found that
Council Member Ojakian’s approach was defensible and legal, she would
advise it was beyond appeal.
Council Member Kleinberg said Council Members were persuaded to take the
Charter Amendment approach when the recommendation was brought
before the Policy and Services Committee (P&S). She asked if Council
Member Ojakian’s approach would be interpreted as an interference with the
meaning and spirit of the Charter.
Ms. Furth said a Court that would uphold the Council’s action would only be
saying that that particular exchange would be appropriate.
Council Member Kleinberg said she was talking about in the future and was
interested how this would affect the reading of the Charter if it were a way
of avoiding the Charter.
Ms Furth said Council would not follow the approach if it undermined the
Charter.
Vice Mayor Burch echoed Council Member Ojakian’s words and said he
supported the motion. He believed the concept of “do no harm” and felt no
07/12/04 98-42
harm was made to either party. He asked that the action be made with a
minimum of fuss and without setting precedence.
Council Member Mossar said any approach would be risky. The City and the
PAUSD would bear the administrative cost of an election. If the measure
failed, the cost to the City would be high. She was in agreement with Vice
Mayor Burch.
Council Member Morton asked if the remedy would be to go to the voters if
the exchange was authorized and the City faced a lawsuit.
Ms. Furth said the Ordinance could be referended. If faced with a lawsuit
and lost, the City would face all legal fees and the exchange would be
nullified. It would return to a ballot measure and the portables would need
to be relocated.
Council Member Morton supported the motion.
Council Member Cordell wanted to get feedback from the PAUSD on the
impact it would have and input from Mr. Jordan and Ms. Renzel regarding
Council Member Ojakian’s approach.
Mayor Beecham said he could not reopen the entire hearing.
Mandy Lowell said they did not have legal aspect on the matter. When
former City Attorney Ariel Calonne proposed on June 19, 2003, allowing a
land swap, it was not to do a land swap through an Ordinance. He proposed
an Ordinance designed to implement the City Charter incorporation by
reference of State law governing elections and procedures for Park
Dedications. He did not do a Charter Amendment, but had Council interpret
the Charter through an Ordinance that stated the attached Appendix A was for a diminimus amount of land. If the Ordinance passed and was not
referended, it would have been the type of swap proposed by Council
Member Ojakian. The other option was that a Charter Amendment was not
required but a public vote was needed. The public vote could be done
without amending the Charter and placing the specific swap on the ballot.
The third option was to have a Charter Amendment and have a public vote
rather than an Ordinance. The PAUSD favored a land swap with the least
amount of taxpayer’s expense.
Council Member Ojakian asked if the land being exchanged by the PAUSD
was the same amount of land the City was losing.
Ms. Lowell said that was correct and the PAUSD had provided an easement
07/12/04 98-43
along Embarcadero Road that was in addition to the land.
Ms. Harrison said the PAUSD’s Resolution had stated the PAUSD would bear
all costs of encroachment litigation.
Ms. Price said the PAUSD was not in a position to make a legal opinion on
what was adopted in the Resolution. They needed to revisit the issue with
their colleagues since they were unsure as to whether claims and attorney’s
fees were extended to a claim if the Charter Ordinance were violated.
Council Member Cordell said prior to taking action on the matter she wanted
to get input from the PAUSD regarding the three proposed alternatives.
Ms. Price said several discussions had taken place regarding the options and
they were waiting for Council’s decision.
Ms. Lowell said the PAUSD thought the land swap was going to take place
and reconfigured the land and had the deed. Obtaining legal advice on the
Resolution was the only issue remaining.
Council Member Kleinberg supported the motion. She asked that the
Ordinance include a provision to not interfere, undermine, change or modify
the Charter or park dedicated lands, so future Council and community
members would not have the slightest doubt of Council’s intent.
Council Member Morton supported the motion.
Mayor Beecham supported the motion. He felt Council’s intent was clear
and uniform with the community’s decision for a land swap.
Council Member Ojakian reinforced the fact that his intent was not to undedicate any parkland.
Council Member Cordell did not support the motion and felt by not going to
the voters with an Ordinance or Charter Amendment the City would face
legal problems.
MOTION PASSED 6-1. Freeman not participating, Cordell no, Kishimoto
absent.
Ms. Harrison said the Item would come back to Council at the end of
September.
MOTION: Vice Mayor Burch moved, seconded by Morton, to move Item No.
07/12/04 98-44
20 ahead of Item No. 14 to become Item No. 13A.
MOTION PASSED 8-0, Kishimoto absent.
The meeting adjourned at 9 p.m. to a Closed Session.
13A. (Old Item No. 20) Conference with Labor Negotiator Agency
Negotiator: City Manager and his designee pursuant to Compensation for
Unrepresented Employees (Frank Benest, Leslie Loomis)
Unrepresented Employee Groups: Management and Confidential
Authority: Government Code section 54957.6
The City Council met in Closed Session to discuss matters on labor
negotiations as described in Agenda Item No. 20.
The meeting reconvened at 9:05 p.m.
Mayor Beecham announced there was no reportable action.
14. Policy and Services Committee recommendation re the Nomination
and Election Process for the Mayor and Vice-Mayor.
Ellen Wyman, 546 Washington, said the staff report (CMR:320:04) indicated
the reason for establishing a set standard policy on how to elect a Mayor was
on predictability. She felt flexibility would be more valuable and much wiser.
The only way a set standard policy would work was if every Council Member
were equally qualified to serve as Mayor. She urged Council not to establish
a set policy and to elect the most effective person to lead Council each year.
Herb Borock, P.O. Box 632, suggested not to change the election process but move the State of the City Address earlier in the year and celebrate the
election at the same time. The election was Council business that was done
at the first meeting of the year and should be kept separate from the
celebration.
Joy Ogawa, Palo Alto, felt there should be an opportunity for debate or
discussion on nominations prior to the night of the election.
MOTION: Council Member Morton moved, seconded by Mossar, to leave the
process for nomination and election of Mayor and Vice Mayor as it is in the
Charter.
Council Member Mossar recalled the evening of her election as Mayor and
07/12/04 98-45
said it was not a bad experience for her family or the community.
Vice Mayor Burch supported the motion. He said there were Council
Members who had the ability to do a good job and enjoyed being Mayor and
to look into the possibility of not limiting the position to one term.
Council Member Cordell clarified the process was not to amend the Charter
but establish a protocol, a guideline of setting up procedures for the election
process. She felt there was a need for an open Council discussion in
December regarding who would like to be nominated.
Council Member Freeman supported the current process. She suggested an
open and public discussion in December or January for those interested in
becoming Mayor or Vice Mayor.
Council Member Kleinberg said a review of the prior Mayors and Vice Mayors
in Palo Alto’s history was completed by a former Mayor, who discovered half
of the Vice Mayors matriculated to become Mayors. Historically, there had
been several open debates regarding the qualifications on who should be
Mayor. She felt the current method of finding leadership worked. She was
in favor of having the celebratory event along with the State of the City
Address.
AMENDMENT: Council Member Freeman moved, seconded by Cordell, to
include in the process an opportunity to interview the prospective
candidates, to have a separation of the celebratory event from actual voting
of Mayor to a date to be determined, and to have a regular business meeting
at the first meeting of the year.
Council Member Freeman said the amendment was to provide the
opportunity to speak, interview, and question perspective candidates for the Mayor’s position.
Council Member Cordell echoed the concerns of Council Member Freeman to
let Council Members know that open discussions were acceptable.
Council Member Morton did not support the amendment.
Mayor Beecham recalled the year when he was elected as Vice Mayor. He
said it was an open and transparent process. It was in the Press prior to the
election, there were casual discussions but no Brown Act issues, and
comments were made in January during election night. In complying with
the Brown Act, he advised that discussions should take place in the
Chambers or not at all. He supported the ability of colleagues in the
community or in the Press to talk to anyone regarding the positions. He felt
07/12/04 98-46
there would not be a gain to interview each other since Council Members
worked with each other and were aware of their various styles.
AMENDMENT FAILED 6-2, Cordell, Freeman yes, Kishimoto absent.
MOTION PASSED 6-2, Cordell, Freeman no, Kishimoto absent.
15. Policy and Services Committee recommendation to adopt an ordinance
to make it a standing policy that Board Members and Commission
Members should not use their titles or positions for the purpose of
signing ballot measures.
MOTION: Vice Mayor Burch moved, seconded by Mossar, to adopt an
ordinance to make it a standing policy that Board and Commission Members
should not use their titles or positions for the purpose of signing ballot
measures.
Ordinance 1st Reading entitled “Ordinance of the Council of the City of
Palo Alto Adding Section 2.40.080 to Chapter 2.40 (Municipal
Elections) of the Palo Alto Municipal Code Relating to Limiting the Use
of City Titles in City Ballot Measures “
MOTION PASSED 8-0, Kishimoto absent.
UNFINISHED BUSINESS
16. Public Hearing: The City Council will consider adopting a resolution
confirming the report of delinquent administrative penalty bills and
directing that a lien be recorded with the Santa Clara County
Recorder’s Office against properties located at 1042 Metro Circle, Palo
Alto, APN: 127-04-041 and 3376 Ross Road, Palo Alto, APN: 127-48-033 (Item continued from 5/17/04; staff requested item to be continued to 8/9/04)
MOTION: Council Member Ojakian moved, seconded by Morton, to continue
the item to the August 9, 2004, City Council meeting.
MOTION PASSED 8-0, Kishimoto absent.
*17. 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
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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
continued from 6/14/04)
*This item is quasi-judicial and subject to Council's Disclosure Policy
Mayor Beecham asked for Council Members’ disclosures not on public record
and that could affect their decisions. He disclosed he and Council Member
Cordell met with the applicant and staff to discuss the contents of the packet. There were no additional materials presented.
Council Member Ojakian met with the applicant’s family and their attorney,
and all information was on public record. He said he was not present at the
February 17, 2004 meeting and had read the original staff report and all
material.
Vice Mayor Burch said he met with the applicant and his attorney and saw
the PowerPoint presentation.
Council Member Kleinberg said she had met with the applicant and received
a voice mail message from the applicant’s attorney.
Ms. Furth announced Special Counsel Dan Sodergren would be handling the
issue.
Director of Planning and Community Environment Steve Emslie said a record
of land use decision was prepared pursuant to Council’s direction on
February 17, 2004, which was not to support the project. Staff prepared a
draft record of land use decision that represented findings presented at the
last meeting to support the project and were outlined in Exhibits A and B of
staff report (CMR: 287:04).
Planning and Transportation Commissioner (P&TC) Bonnie Packer restated
the P&TC did not have a problem with the improvements to the house and
the swimming pool in regards to the requirements of the Open Space District
(OS). It was a grandfathered situation and variances were justified. The
only concerns were of the temporary structures and the scenic impact from
Page Mill Road. The impervious space was reduced by 81 square feet. The
intent of OS was met by the project given it was a one-acre site dealing with
requirements designed for ten-acre sites.
Council Member Morton asked whether the height of the temporary structure
would fit in with the existing vegetation.
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Mayor Beecham asked Commissioner Packer if she had been to the site.
Ms. Packer said she had been to the site but had not walked on the open
space trail. She had seen pictures at the P&TC session similar to the photos
at that evening’s meeting.
Council Member Morton asked whether the visual impact of the temporary
building was as subdued as shown in the pictures.
Ms. Packer asked if she would compare the visual impact from Page Mill
Road with the visual impact from the trail.
Council Member Morton said he was trying to get a sense of whether the
pictures represented the P&TC’s perception of how the temporary structures
appeared to someone on the site.
Ms. Packer explained the temporary structures looked different from Page
Mill Road than what was viewed from the trails located in the back of the
site.
Council Member Morton said one of the pictures showed the County’s
landscaping was beginning to grow back.
Mayor Beecham declared the Public Hearing open at 9:50 p.m.
David Ditzel, Applicant, gave a PowerPoint presentation of the site with
updated information from what was presented at the Council Meeting of
February 17, 2004. The presentation covered views from the open space
and Page Mill Road, description of the greenhouse area, information on the
adjacent lots, corrected misimpressions and improvements since the last meeting, and explained how the addition would be utilized. He asked for a
fair decision similar to what had been done for homes in the area.
Scott Selover, 4020 Page Mill Road, was a neighbor and said when the
applicants first presented the plans for the house their immediate desire was
to work with the neighbors and listen to their concerns. The plans were
drawn with sensitivity and project additions were totally invisible from his
house and the open space. He asked Council to approve the project.
Cathy Cartmell, 4001 Page Mill Road, lived directly across from the project.
She said prior to the project going before P&TC, the County undertook the
“once every ten-year” safety vegetative trimming along Page Mill Road
leaving the project visibly exposed. The shrubberies had grown back quickly
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and the Ditzels had planted more vegetation coverage to protect the public’s
views making the site more unobtrusive. She urged Council to support the
project.
Tony Tam, 4001 Page Mill Road, lived across the street from the Ditzels and
was a partner to the architectural firm responsible for the project. He
supported the project and said the City would gain improved landscaping
and the OS District would gain because the Ditzels complied with all the
regulations. He asked Council to support the project.
Herb Borock, P.O. Box 632, spoke regarding a procedural error causing the
item to be returned. When 4020 Page Mill was brought before Planning
Official Lisa Grote, she said it did not set precedents because each variance
application was reviewed individually. Staff reports and environment reviews
(EIRs) normally were given to the Mid Peninsula Regional Open Space
District to provide an impact report rather than the applicant.
Bob Moss, 4010 Orme Street, raised concerns regarding the adjacent homes
built in violation of the OS District rules. The houses and impermeable
coverage were larger than what was allowed. He said the same mistake
should not be repeated. Approving the increase would be a mistake in the
OS District and should not go forward as proposed.
Joy Ogawa said OS District regulations were created to protect and preserve
open space land as a limited and valuable resource. Regulations needed to
be followed and oversized houses not allowed to expand over three times
the maximum permitted.
Mr. Ditzel corrected Mr. Moss’s comments and said it was not an increase in
permeable area and a decrease in impermeable space. The project would
improve the views from the road. He said the project fully complied with the OS District guidelines to eliminate the visual impact. The new zoning was
established to control growth and not to impede homes already in the area.
They were asking for fairness in the decisions to the established lot and
reasonable improvements to the house.
Former Mayor Larry Klein said the OS zoning was enacted in the early
1970’s. Its purpose was to preserve the hills and open space. He clarified
the adjacent homes were not in violation. He supported the proposal and
said the Ditzel’s were asking for basic fairness.
Mayor Beecham declared the Public Hearing closed at 10:22 p.m.
MOTION: Council Member Council Member Morton moved, seconded by
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Mossar, to adopt the Record of Land Use Action in the Attachment to
CMR287:04, approving the Negative Declaration, in accordance with the
California Environmental Quality Act; approve a variance to allow 13.5
percent lot coverage and setback encroachments as described in the Record
of Land Use Action; and approve the Site and Design Review application to
allow construction of a residential addition in the Open Space District.
Record of the Council of the City of Palo Alto Land Use Action for 4010
Page Mill Road: Site and Design Review 03-D-10, Variance 03-V-15
and Environmental Impact Assessment 03-EIA-15 (Cathy Cartmell,
Applicant)
Council Member Morton echoed former Mayor Klein’s comments. He said the
applicant went through great lengths to minimize impacts to the OS and had
taken the necessary steps to shelter the visible parts from Page Mill Road.
Council Member Mossar supported the motion. She felt the applicants had
property rights and were considerate of their neighbors and the public’s
interest for the OS areas.
Council Member Cordell said a variance was a serious thing to grant and the
only way she would support the motion was if she knew a substantial
property right would be lost if a variance were not granted.
Council Member Kleinberg asked whether the greenhouse would be taken
down seasonally.
Planner Steven Turner said the Building Department viewed the structure as
temporary because it did not have a foundation or require a permit.
Ms. Packer said the structure could remain during the growing season with a conditional requirement that it be covered with a compatible color type of
material to blend in with the environment.
Council Member Kleinberg said the staff’s recommendation was that the
structure could be removed making it temporary but no requirement that it
be removed.
Mr. Turner said a requirement could be added if Council requested a specific
time for the structure to be removed.
Council Member Kleinberg asked if there was a requirement for non-
deciduous plants and the possibility of seeing the structure during the winter
months.
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Mr. Turner said yes.
Council Member Ojakian asked for clarification if the total square footage of
the house was over 5,000 square feet.
Mr. Turner said that was correct.
Council Member Ojakian asked whether a 6,000-square-foot house could be
built on an acre lot in an R-1 neighborhood.
Mr. Turner said it was possible.
Council Member Ojakian asked if the impervious surface was approximately
20 percent.
Mr. Turner said no. The project included construction of adding the existing
asphalt driveway. In addition, they would convert the existing asphalt
driveway to a pervious surface that would result in a net decrease of
approximately 80 square feet.
Council Member Ojakian raised concerns about the visual affect with the
view corridors in the open space area.
Mr. Turner confirmed it was a concern.
Council Member Ojakian supported the motion. He said he was not taken
aback by the size of the house knowing there were larger homes in the
flatlands. One-acre lots in the foothills were rare. To build on the seven lots
in the area was a minimal impact and would not affect the intent of the OS
zone. There would be less impervious surface and the view conditions would be adequately screened to eliminate impact on the visual view. He was also
agreeable to covering the greenhouse with compatible colored material to
blend with the environment.
Council Member Kleinberg said she understood there was not a requirement
of screening off the temporary structure with non-deciduous plants and
asked if there was a guarantee that the screen would be there at all times.
Mr. Turner said a specific screening was required. The City Arborist had
reviewed the landscaping plan and found the plants to provide adequate
screening that would grow over time. It would take two to three years for
plant growth to screen adequately.
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Council Member Kleinberg asked if plants were non-deciduous.
Mr. Turner confirmed they would be non-deciduous.
Council Member Freeman asked staff to describe the exceptions requested
on the property.
Mr. Turner said the variance request was to extend into a side yard a
setback of approximately 6 inches, to extend 200 feet into the scenic yard
with an encroaching porch area and the addition of the garage structure, and
a 13.5 percent addition of impervious area. The maximum allowed was 3.5
percent.
Council Member Freeman asked if there was an encroachment of a 200-foot
set back.
Mr. Turner said the entire lot was within the 200-foot scenic setback.
Council Member Freeman questioned the 13.5 percent impervious area.
Mr. Turner said the 13.5 percent impervious area was slightly less and the
existing was slightly over 13.5 percent. As a result of the project, they
would construct the addition and convert the entire length of existing asphalt
driveway that counted as impervious surface to a permeable material.
Council Member Freeman asked if it had been reviewed by the OS District.
Mr. Turner said no.
Council Member Freeman asked if variance requests were reviewed by OS.
Mr. Turner said each project was evaluated. Staff would do a site visit to
determine parkland impacts and make a recommendation regarding the
results.
Council Member Freeman said she was undecided on which way to vote and
wanted to hear whether property rights were being violated.
Mayor Beecham said access rights to properties were not the only property
rights considered by the City, and variances were reviewed and approved
throughout the City. The project was on a small site and 100 percent within
the setback, and a variance was required in order to build within the 200-
foot setback. Photos from neighboring property owners and the City staff
indicated the additions would not be visible from the open space trails or the
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street. The temporary structure was not regulated by the City Building Code
and not pertinent to the zoning issue. He felt all requirements had been met
and supported the motion.
Council Member Kleinberg said the two main issues that needed to be
considered were visual impact and environmental sensitivity. Her main issue
was the temporary structure being visible from the street. She was satisfied
with the fact it would be screened by landscaping and staff could impose
different conditions should the situation change. She felt the additions did
not create a visual impact or harm the environment. She supported the
motion.
MOTION PASSED 7-1, Cordell no, Kishimoto absent.
18. Public Hearing: The City Council will consider awarding an option to
lease to Crimson Palate, Inc., (d.b.a. Saffron Club Restaurant) for the
city-owned property located at 445 Bryant Street, Palo Alto, commonly
known as the non-parking area on the Lot S/L site. Terms of the lease
include a 10-year term and the requirement that the property be used
for restaurant and/or office/retail use. (Item to be continued to 07/19/04 at the
request of staff) MOTION: Council Member Ojakian moved, seconded by Freeman, to
continue the item to the July 19, 2004, City Council meeting.
MOTION PASSED 8-0, Kishimoto absent.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Freeman requested staff return to Council with information
regarding the damage done by Caltrain to the trees Lynn Chiapella had
mentioned during Oral Communications.
Council Member Kleinberg noted Santa Clara County was presenting a
proposal to the Board of Supervisors on August 3, 2004, for an increase to
sales tax. She stated the City was nearing the end of an 11-month period
where Wynne Furth had been the Interim City Attorney, and expressed the
Council was appreciative of the work she had done in that period.
Mayor Beecham noted that Bay Area Water Supply and Conservation Area
(BAWSCA) successfully completed its first year as an agency.
CLOSED SESSION
07/12/04 98-54
The meeting adjourned at 11:00 p.m. to a Closed Session.
19. Conference with City Attorney -- Existing Litigation
Subject: Jaim Nulman, Avelyn Welczer v. City of Palo Alto, SCC
#CV779831
Authority: Government Code section 54956.9(a)
21. Conference with City Attorney -- Potential /Anticipated Litigation
Subject: Written liability claim against the City of Palo Alto by DeSilva
Gates Construction, LP
Authority: Government Code Sections 54956.9(b)(1) & (b)(3)(C)
The City Council met in Closed Session to discuss matters concerning
existing litigation and potential/anticipated litigation as described in Agenda
Item Nos. 19 and 21.
Mayor Beecham announced there was no reportable action.
FINAL ADJOURNMENT: The meeting adjourned at 11:10 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.
07/12/04 98-55