HomeMy WebLinkAbout2004-08-09 City Council Summary Minutes Regular Meeting August 9, 2004
1. Resolution 8448 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Officer William "Bill" Dale Baldwin for
Outstanding Service to the Community” ............................................102
ORAL COMMUNICATIONS ........................................................................102
APPROVAL OF MINUTES ..........................................................................102
2. Authorization for the Filing of a Grant Application for Federal Surface
Transportation Program (STP) Funding for Street Resurfacing
Rehabilitation Projects for University Avenue and Page Mill Road ..........103
3. The Policy and Services Committee Recommends Adoption of an
Ordinance Amending Exhibit A-17 and Map to Exhibit A-17 to Section
22.08.210 of Chapter 22.08 of Title 2 of the Palo Alto Municipal Code
Correcting the Boundaries of Rinconada Park and Adjoining City
Property Adjacent to the Junior Museum and Zoo and Girl Scout
Building ........................................................................................103
4. Resolutions Amending the Merit System Rules and Regulations to Adopt a Memorandum of Agreement with International Association of
Fire Fighters (IAFF, Local 1319) and Adopting a New Compensation
Plan for Fire Department Personnel ..................................................104
5. Resolutions Amending the Merit System Rules and Regulations to
Adopt a Memorandum of Agreement with Service Employees’
International Union (SEIU), Local 715 and Adopting a New
Compensation Plan for SEIU Classified Personnel ...............................104
6. Resolutions Adopting Compensation Plan for Management and
Professional Personnel, Amending the Salaries and Benefits of Certain
Council Appointed Officers, and Amending the Merit System Rules and
Regulations ...................................................................................104
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7. Contract Between the City of Palo Alto and TMAD Engineers, Inc. in the
Amount of $100,000 for Design Services for Cubberley Mechanical and
Electrical Upgrades - Capital Improvement Program Project PF-04010 ..105
8. Contract Between the City of Palo Alto and CPS Human Resource
Services in the Amount of $10,000 per Year for Facilitation Services
Related to Evaluation of Council Appointed Officers ............................105
9. Contracts to Provide Regulatory and Technical Assistance to the City of
Palo Alto Utilities ............................................................................105
10. Response to Grand Jury’s Inquiry into Financial and Performance
Audits for the County and Cities in the County ...................................105
11. Confirmation of Response to Santa Clara County Grand Jury Report on
Property and Evidence Rooms in Santa Clara County ..........................105
12. Contract for Unpaid Sabbatical Leave for Ruben Grijalva for One Year
(August 2004 To August 2005) ........................................................105
13. Public Hearing: The Palo Alto 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 ...........................................................................106
14. Public Hearing: The Palo Alto City Council will Consider a Zoning
Ordinance Update - Adoption of a New Automobile Dealership (AD)
Combining District, Which Would Create an Overlay Zone Providing for
Flexible Development Standards for Auto Dealerships, Including Auto
Display Areas, Fleet Storage, Landscaping and Screening and Full Service Operation. Adoption of an Ordinance Approving the Auto
Dealership Overlay Zone Where Existing Auto Dealerships Selling New
and Pre-Owned Autos Currently Exist in the City, Located at: 4180 El
Camino Real (Peninsula Ford), 4190 El Camino Real (Carlsen Volvo),
3290 Park Blvd. (Park Avenue Motors), 762 San Antonio Road
(Hengehold Motors), and 3045 Park Blvd. (Stanford European).
Adoption of Ordinances Amending the Three Planned Community Sites
to Allow the Auto Dealership Flexible Development Standards for
Existing Automobile Dealerships Selling New Automobiles Located at
1730 Embarcadero Road (Carlsen Motor Cars, PC 2554), 1766
Embarcadero Road (Anderson Honda, PC 3350), and 690 San Antonio
Road (Magnussen’s Dodge And Toyota, PC 2592). ..............................106
15. Public Hearing: The Palo Alto City Council will Consider the Imposition
of a Transportation Impact Fee on New Development to Finance the
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Costs of Transportation Improvements Identified in the Report Entitled
Proposed Citywide Transportation Impact Fee. ...................................108
REPORTS OF OFFICIALS ..........................................................................112
16. Direction to Study a Charleston/Arastradero Corridor Streetscape
Development Impact Fee ................................................................112
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS ........................114
17. Conference with City Attorney -- Existing Litigation ............................116
18. Conference with Labor Negotiators ...................................................116
FINAL ADJOURNMENT: The meeting adjourned at 9:25 p.m. ........................116
08/09/04 98-101
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, Kleinberg, Kishimoto, Morton, Mossar
ABSENT: Freeman, Ojakian
SPECIAL ORDERS OF THE DAY
1. Resolution 8448 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Officer William "Bill" Dale Baldwin for
Outstanding Service to the Community”
MOTION: Council Member Morton moved, seconded by Kleinberg, to adopt
the Resolution.
MOTION PASSED 7-0, Freeman, Ojakian absent.
Police Chief Lynne Johnson said Officer Baldwin had been involved in many aspects of the Police Department, and the loss left a void that would not
soon be filled.
Police Sergeant Carole Baldwin expressed her thanks to the Council for the
Resolution honoring her husband for his service to the community. She also
thanked Ms. Johnson, the command staff, and the Palo Alto Fire Department
for their support to her and her family during the sudden loss of her
husband.
Mayor Beecham said the hearts and best wishes of the Council were with the
Baldwin family.
ORAL COMMUNICATIONS
Roccie Hill, 1786 Technology Drive, San Jose, spoke regarding thanks from
the Housing Trust.
Ken Horowitz, 525 Homer Avenue, #1, spoke regarding water fluoridation
award.
Matt Hilliard spoke regarding amending Ordinance No. 4422.
APPROVAL OF MINUTES
MOTION: Council Member Mossar moved, seconded by Burch, to approve
the minutes of July 12, 2004, as submitted.
08/09/04 98-102
MOTION PASSED 6-0-1, Freeman, Ojakian absent, Kishimoto abstaining.
CONSENT CALENDAR
Herb Borock, P.O. Box 632, Palo Alto, spoke regarding Item No. 3. He said
the agenda for the Policy and Services (P&S) Committee meeting of
December 9, 2003, failed to state with adequate specificity that the
Committee would discuss the portion of the boundary line at Rinconada Park
adjacent to the Junior Museum and Girl Scout Building. In addition, the
bearings and distances in the proposed ordinance were based upon a Record
of Survey filed by the Palo Alto Unified School District (PAUSD) in 1998, which was the same year they placed buildings illegally on Rinconada Park.
He believed it was a mistake to base the boundary descriptions on the
PAUSD's Record of Survey at that time.
Director of Human Services Kathy Espinoza-Howard, representing the City of
Palo Alto's Management and Professionals Association, spoke regarding Item
No. 6. She expressed her support of the Management Compensation
Committee's efforts in crafting the Management and Professional
compensation package.
Council Member Morton registered a no vote on Item No. 8.
MOTION: Council Member Mossar moved, seconded by Morton, to approve
Consent Calendar Item Nos. 2-12.
LEGISLATIVE
2. Authorization for the Filing of a Grant Application for Federal Surface
Transportation Program (STP) Funding for Street Resurfacing
Rehabilitation Projects for University Avenue and Page Mill Road
Resolution 8449 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the Filing of an Application for Federal Surface
Transportation Program Funding for a Street Rehabilitation Project for
University Avenue and Page Mill Road”
3. The Policy and Services Committee Recommends Adoption of an
Ordinance Amending Exhibit A-17 and Map to Exhibit A-17 to Section
22.08.210 of Chapter 22.08 of Title 2 of the Palo Alto Municipal Code
Correcting the Boundaries of Rinconada Park and Adjoining City
Property Adjacent to the Junior Museum and Zoo and Girl Scout
Building
Ordinance 1st Reading entitled “Ordinance of the Council of the City of
Palo Alto Amending Exhibit A-17 and Map to Exhibit A-17 to Section
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22.08.210 of Chapter 22.08 of Title 2 of the Palo Alto Municipal Code
Correcting the Boundaries of Rinconada Park and Adjoining City
Property Adjacent to the Junior Museum and Zoo and Girl Scout
Building”
4. Resolutions Amending the Merit System Rules and Regulations to
Adopt a Memorandum of Agreement with International Association of
Fire Fighters (IAFF, Local 1319) and Adopting a New Compensation
Plan for Fire Department Personnel
Resolution 8450 entitled “Resolution of the Council of the City of Palo
Alto Amending Section 1501 of the Merit System Rules and Regulations Regarding the Memorandum of Agreement Between the
City of Palo Alto and Local 1319, International Association of Fire
Fighters”
Resolution 8451 entitled “Resolution of the Council of the City of Palo
Alto Adopting a Compensation Plan for Fire Department Personnel
(IAFF) And Rescinding Resolution No. 8362”
5. Resolutions Amending the Merit System Rules and Regulations to
Adopt a Memorandum of Agreement with Service Employees’
International Union (SEIU), Local 715 and Adopting a New
Compensation Plan for SEIU Classified Personnel
Resolution 8452 entitled “Resolution of the Council of the City Of Palo
Alto Adopting a Compensation Plan for Classified Personnel (SEIU) and
Rescinding Resolution Nos. 8056, 8059, 8141, 8180, 8242, 8251,
8310 and 8313”
Resolution 8453 entitled “Resolution of the Council of the City of Palo
Alto Amending Section 1401 of the Merit System Rules and
Regulations Regarding the Memorandum of Agreement Between the
City of Palo Alto and Local 715A, SEIU, AFL-CIO, CLC”
6. Resolutions Adopting Compensation Plan for Management and
Professional Personnel, Amending the Salaries and Benefits of Certain
Council Appointed Officers, and Amending the Merit System Rules and
Regulations
Resolution 8454 entitled “Resolution of the Council of the City of Palo
Alto Amending Section 1701 of the Merit System Rules and
Regulations”
Resolution 8455 entitled “Resolution of the Council of the City of Palo
Alto Adopting a Compensation Plan for Management and Professional
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Personnel and Council Appointees and Rescinding Resolution Nos.
8353 and 8378”
ADMINISTRATIVE
7. Contract Between the City of Palo Alto and TMAD Engineers, Inc. in the
Amount of $100,000 for Design Services for Cubberley Mechanical and
Electrical Upgrades - Capital Improvement Program Project PF-04010
8. Contract Between the City of Palo Alto and CPS Human Resource
Services in the Amount of $10,000 per Year for Facilitation Services
Related to Evaluation of Council Appointed Officers
9. Contracts to Provide Regulatory and Technical Assistance to the City of
Palo Alto Utilities:
Consulting Contracts Between the City of Palo Alto and Navigant
Consulting for Gas Regulatory and Technical Consulting for a
Total Amount of $436,000 for the Fiscal Years FY2004-05,
FY2005-06 and FY2006-07
Consulting Contracts Between the City of Palo Alto and Navigant
Consulting for Electric Regulatory and Technical Consulting for a
Total Amount of $150,000 for the Fiscal Years FY2004-05,
FY2005-06 and FY2006-07
Consulting Contracts Between the City of Palo Alto and Flynn
Resource Consulting Inc. for Electric Regulatory and Technical
Consulting for a Total Amount of $228,000 for the Fiscal Years
FY2004-05, FY2005-06 and FY2006-07
10. Response to Grand Jury’s Inquiry into Financial and Performance
Audits for the County and Cities in the County
11. Confirmation of Response to Santa Clara County Grand Jury Report on
Property and Evidence Rooms in Santa Clara County
12. Contract for Unpaid Sabbatical Leave for Ruben Grijalva for One Year
(August 2004 To August 2005).
MOTION PASSED 7-0 for Item Nos. 2-7 and 9-12, Freeman, Ojakian
absent.
MOTION PASSED 6-1 for Item No. 8, Morton no, Freeman, Ojakian absent.
Council Member Morton said he was opposed to his colleagues transferring
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the responsibility of evaluating the Council Appointed Officers (CAOs) to a
facilitator. In addition, the contract, as written, allowed for automatic
renewal subject to the Council's approval.
PUBLIC HEARINGS
13. Public Hearing: The Palo Alto 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
9/20/04)
MOTION: Council Member Mossar moved, seconded by Burch, to continue
the item to the September 20, 2004, regular City Council meeting.
MOTION PASSED 7-0, Freeman, Ojakian absent.
14. Public Hearing: The Palo Alto City Council will Consider a Zoning
Ordinance Update - Adoption of a New Automobile Dealership (AD)
Combining District, Which Would Create an Overlay Zone Providing for
Flexible Development Standards for Auto Dealerships, Including Auto
Display Areas, Fleet Storage, Landscaping and Screening and Full
Service Operation. Adoption of an Ordinance Approving the Auto
Dealership Overlay Zone Where Existing Auto Dealerships Selling New
and Pre-Owned Autos Currently Exist in the City, Located at: 4180 El
Camino Real (Peninsula Ford), 4190 El Camino Real (Carlsen Volvo),
3290 Park Blvd. (Park Avenue Motors), 762 San Antonio Road
(Hengehold Motors), and 3045 Park Blvd. (Stanford European). Adoption of Ordinances Amending the Three Planned Community Sites
to Allow the Auto Dealership Flexible Development Standards for
Existing Automobile Dealerships Selling New Automobiles Located at
1730 Embarcadero Road (Carlsen Motor Cars, PC 2554), 1766
Embarcadero Road (Anderson Honda, PC 3350), and 690 San Antonio Road (Magnussen’s Dodge And Toyota, PC 2592).
Ordinance of the Council of the City of Palo Alto Creating a New
Chapter 18.65 (Auto Dealer Combining District) and Amending Chapter
18.04 (Definitions) and 18.83 (Off-Street Parking and Loading
Requirements)
Ordinance of the Council of the City Of Palo Alto Amending Section
18.08.040 of the Palo Alto Municipal Code (the Zoning Map) to Change
the Zone Classification of Property Located at 3045 Park Boulevard
from "GM(B)" to "GM(B)(AD)" and to Change the Zone Classification of
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Property Located at 4190 El Camino Real, 3290 Park Boulevard, 762
San Antonio Road, and 4180 El Camino Real from "CS" to "CS(AD)"
Ordinance of the Council of the City of Palo Alto Renumbering and
Amending Planned Community District PC-2554 (1730 Embarcadero
Road) to Permit Certain Automobile Dealership Design Features
Ordinance of the Council of the City of Palo Alto Renumbering and
Amending Planned Community District PC-3350 (1766 Embarcadero
Road) to Permit Certain Automobile Dealership Design Features
Ordinance of the Council of the City of Palo Alto Renumbering and
Amending Planned Community District PC-2592 (690 San Antonio
Road) to Permit Certain Automobile Dealership Design Features
Mayor Beecham said additional noticing to property owners in the vicinity
was required to make the public hearing legal. However, members of the
public who wished to speak to the item could do so that evening, without
prejudice.
Mayor Beecham declared the Public Hearing open at 7:27 p.m.
John Barton, 360 W. Charleston Road, Chair of the Palo Alto Chamber of
Commerce (Chamber), said the Chamber endorsed changes to the Zoning
Code, which benefited auto dealerships. Auto dealerships brought in approximately 12.2 percent of the sales tax in Palo Alto. He said anything
the City could do in difficult economic times to support the auto dealerships
without undo burden on the rest of the citizenry was important to continue
doing. He encouraged the Council to adopt staff's recommendations rather
than those of the Planning and Transportation (P&TC) Commission in regard
to the .6 Floor Area Ratio (FAR).
Bob Moss, 4010 Orme Street, expressed his concern about the proposed
ordinance. There was an issue of compatibility between commercial and
residential developments. There were two auto dealerships on El Camino
Real near Arastradero Road that backed up to single-family homes, and were
across the street from multi-family homes. Both of those dealerships would
have an adverse impact on the community if they were allowed to do
whatever their corporate offices said they should in order to attract
attention. He cautioned the Council on how much to bend the rules for the
auto dealerships.
MOTION: Council Member Kleinberg moved, seconded by Kishimoto, to
continue the item to the September 20, 2004, regular City Council meeting.
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MOTION PASSED 7-0, Freeman, Ojakian absent.
15. Public Hearing: The Palo Alto City Council will Consider the Imposition
of a Transportation Impact Fee on New Development to Finance the
Costs of Transportation Improvements Identified in the Report Entitled
Proposed Citywide Transportation Impact Fee.
Director of Planning and Community Environment Steve Emslie said fees in
the State of California addressing development related issues fell under
AB1600. The State law, which had been in effect for the past 15 years,
mandated when cities charged fees related to development impacts there
must be a direct connection to the impact being corrected by the fee and the
fee itself. There needed to be proportionality, as well as a legal justifiable
nexus. The Transportation Impact Fee (TIF) Nexus Study, attached to
CMR:384:04, outlined a remedy to the increased number of car trips in the
community through transportation improvements, not just vehicular ones.
The projects included in the TIF fulfilled the purpose of the general
Comprehensive (Comp) Plan. A related item was a request for direction to
staff to proceed with an additional Nexus Study that pertained to the
Charleston/Arastradero corridor, and the increased number of peak hour
trips based on safety impacts for bicyclists and pedestrians.
Chief Transportation Official Joe Kott said the staff report (CMR:384:04)
contained the TIF Nexus Study, and minutes from the Planning and
Transportation Commission (P&TC) and Finance Committee meetings. The intent of the TIF was to address future travel demand, which was expected
to occur as a result of new development and redevelopment in Palo Alto. The
TIF did not address travel that took place as a result of existing land uses or
developments within the region, but outside of Palo Alto, which would
generate more traffic. The TIF was based on the following: 1) the goals of
the Comp Plan; 2) the intent to assign an appropriate share of new travel in
Palo Alto and their related impacts; 3) an assessment of net PM peak hour
vehicle trips; 4) funding of a citywide Transportation Impact Fee Expenditure
Plan; 5) Computer traffic management (including traffic-adaptive automated
signal operation citywide and other applications of advanced electronics for
traveler information, parking management, and transit operations
management); 6) expanded Palo Alto Shuttle service (an additional 42 bus
service hours each weekday); and 7) bicycle boulevards (seven new bicycle
boulevards, forming a citywide network), bicycle/pedestrian undercrossings,
bicycle lanes on major streets, bicycle routes/lanes on major arterials, and
spot bicycle/pedestrian improvements for bicycle and pedestrian travel at
seven signalized intersections. The proposed TIF was flexible with respect to
being citywide and was created to provide a timely response to needs, as
they were anticipated. It would provide an incentive for trip reduction/Traffic
Demand Management (TDM) activities, because the lower the trip generation
08/09/04 98-108
rate of a new development or redevelopment, the lower the amount of the
assessed fee. Programs such as carpool matching, and the provision of bus
and train passes would help reduce the fee liability as well as provide
employees additional travel options at that site.
Planning and Transportation Commissioner Patrick Burt said the P&TC
unanimously supported the proposed TIF based upon a carefully evaluated
staff work plan, and a clear and persuasive Nexus Study. The P&TC was
impressed by the Chamber's support of the project and the belief the
investment led to an overall better business environment and added to the
community's desirability. The P&TC believed the fee proposal was in the
moderate range for existing communities in the Bay Area, and did not stifle
development in those communities with such a fee. Staff was asked to
explore whether there was any way in which the TIF could be used as an
incentive to help facilitate other sources of businesses the P&TC would like to
see expanded in the community, such as those having business-to-business
sales tax generation, and Transient Occupancy Tax (TOT).
Mayor Beecham declared the Public Hearing open at 7:45 p.m.
Penny Ellson, 513 El Capitan Place, Civic Affairs Committee Co-Chair for
Greenmeadow Community Association, said it was critical to find a way to
improve Palo Alto's transportation infrastructure in order to pursue the vision
for growth as outlined in the Comp Plan. She encouraged the Council to
approve the citywide TIF.
MOTION: Council Member Mossar moved, seconded by Kleinberg, to
continue discussion until staff has had time to agendize a full Council
discussion of all existing and proposed development impact fees to consider
cumulative economic impacts and allow Council to prioritize needs and
develop an impact fee program that both sufficiently funds highest priority
needs and meets the future economic goals of the community, including business.
Council Member Mossar expressed her appreciation to the community for
their support and interest to address the City's future transportation needs,
and the attention and energy of the staff, the Council and the community to
better understand and support the relationship between a vital business
community and the City's future community vision. However, she did not
believe the Council had adequately addressed the economic consequences of
a decision to implement a TIF in combination with other Impact Fees either
adopted or proposed. She would, however, support moving forward with the
Charleston/Arastradero Corridor Streetscape study.
Council Member Kleinberg said the Finance Committee minutes of April 20,
2004, had a number of registered concerns about how the TIF should be
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formulated, as well as how it would fit into the context of all the other
impacts, both for profit and non-profit businesses. She believed it would be
wise to have a greater analysis of how the impact fees would discourage the
types of critical services and needs for the City, which was of a high priority
while using a standard exemption that might not be relevant or timely.
Council Member Morton said if one of the motivations for such an impact fee
was that it provided incentives for trip reductions through carpooling and
train passes, he did not see homeowners of million dollar properties located
at the Hyatt Rickey's and the Elks Lodge carpooling or utilizing the train. He
wondered if the TIF was being proposed to justify its use elsewhere in larger
communities, where it worked. He expressed concern about the vagueness
of how much would be raised from proposed projects, such as Campus for
Jewish Life and Albertson's. He concurred with the comments of Council
Member Mossar.
Council Member Kishimoto said the City's top two perennial issues were
housing and traffic, and the previously adopted impact fees had its largest
proportion on housing at $15 per square foot, which was one-third of what
could be imposed.
SUBSTITUTE MOTION: Council Member Kishimoto moved, seconded by
Cordell, to approve the staff recommendation to adopt an Ordinance making
certain findings regarding the Transportation Impact Fee (TIF) and adding
Chapter 16.59 to the Palo Alto Municipal Code (PAMC) to impose and implement the TIF.
Ordinance of the Council of the City of Palo Alto Establishing a Citywide
Transportation Impact Fee and Amending the Palo Alto Municipal Code,
Title 16 (Building Regulations) by Adding Chapter 16.59 Citywide
Transportation Impact Fee
Council Member Kishimoto said the division statement for the Comp Plan
adopted in 1998 included the hope that individuals would reduce their
automobile trips by 10 percent by 2010, as alternative transportation
methods were implemented. The City would seek out innovative funding
sources and approaches to construct and maintain needed transportation
systems. She said the TIF was one key funding source critical to providing
locally generated funds to use as seed money for the necessary grants. She
disagreed with the comment by Council Member Kleinberg about the
discouragement of development for the City. A mechanism such as the TIF
would help to enable development and redevelopment in Palo Alto, and she
believed some individuals would oppose future new development if it meant
continued deterioration in the quality of life, safety and environment for the
City.
08/09/04 98-110
Council Member Cordell concurred with the comments of Council Member
Kishimoto. She said while the end result might not be the production of
substantial amounts of monies, new development over the course of 10-20
years would increase traffic by at least 8 percent. She believed the item had
been studied enough and it was time to move forward on the issue.
Vice Mayor Burch asked whether the fee for the developer was based on
their estimate of traffic generation and the TDM.
Mr. Emslie said yes.
Vice Mayor Burch asked whether there would be code enforcement for the
commitment made by the developer.
Mr. Kott said staff would apply professional judgment as to the
reasonableness of the developer's TDM program, as well as monitor its
implementation over a number of years.
Vice Mayor Burch said it appeared there would not be five votes either for
the motion nor the substitute motion.
Mayor Beecham declared the Public Hearing opened.
Bob Moss, 4010 Orme Street, said the State of California had an abysmal
system for levying taxes and paying for public services, which left cities with limited ways of raising funds to pay for those services. The TIF was a way of
providing public funding to alleviate some of those problems. He believed it
was appropriate to move forward with the item.
Mayor Beecham declared the Public Hearing closed.
Council Member Kleinberg clarified the substitute motion would be voted on
first. If that failed then the main motion, in which Council Member Mossar
requested the item be continued to another date, would go to a vote.
Mayor Beecham said that was correct. The substitute motion would need five
votes to carry. He would like to go through the steps and then have a
discussion of where the Council would go next.
Council Member Kleinberg said she believed it was important when voting to
know what the next option would be. She expressed her support for the TIF;
however, she questioned the application of its formulation.
Council Member Morton said the Council may anticipate redeveloping the
entire community over the next 20 years; however, he believed there were
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approximately four projects that would come forward, and he wanted to
know what kind of dollars it involved, and use that as a reality base.
Council Member Kishimoto clarified the original motion would continue the
item for staff to bring back more research.
Council Member Mossar said the main motion would look at the City's
package of adopted and proposed impact fees, and prioritize the needs to
ensure adequate funding to accomplish real goals.
Mayor Beecham expressed his support for the original motion. He had a
philosophical opposition to impact fees.
SUBSTITUTE MOTION FAILED 3-4, Burch, Cordell, Kishimoto yes,
Freeman, Ojakian absent.
MOTION PASSED 6-1, Cordell no, Freeman, Ojakian absent.
REPORTS OF OFFICIALS
16. Direction to Study a Charleston/Arastradero Corridor Streetscape
Development Impact Fee
Council Member Cordell stated she would not participate in the item due to a
conflict of interest because she owned property within 500 feet of the Charleston Corridor.
Director of Planning and Community Environment Steve Emslie said the
Charleston/Arastradero Corridor was closely related to the Transportation
Impact Fee, and staff anticipated bringing it back when the TIF returned.
Myllicent Hamilton, urged the Council to direct staff to take the initial steps,
including a Nexus Study to establish a Charleston/Arastradero Corridor
Streetscape Development Impact Fee (DIF) to fund bicycle, pedestrian, and
landscape improvements. Without the impact fees, the
Charleston/Arastradero plan would never become a reality, because grant
funds could not be spent for temporary installations.
Penny Ellson, 513 El Capitan Place, spoke on behalf of the Greenmeadow
Community Association, and urged the Council to take the initial steps on
the Charleston/Arastradero Corridor Streetscape DIF including the required
Nexus Study. The plan created a street environment that made the
community safer for new residents, and proposed projects more attractive to
renters and buyers.
08/09/04 98-112
Deborah Ju, 371 Whitclem Drive, expressed her support for the
Charleston/Arastradero DIF. The corridor was proven unsafe for children
walking and bicycling to school, demonstrated the area had grown at a much
greater level than anticipated by the Comp Plan, and could function safely
only if the streetscape plan was implemented. She urged the Council to
approve the Nexus Study, and specify a prompt date for a follow-up hearing
to review and implement the DIF.
MOTION: Council Member Morton moved, seconded by Burch, to approve
the staff recommendation to direct staff to take the initial steps, including
preparation of a Nexus Study, to establish a Charleston/Arastradero Corridor
Streetscape Development Fee to fund bicycle, pedestrian, and landscape
improvements called for in the Council-adopted Charleston/Arastradero
Corridor Plan, and report back to the Council regarding the feasibility of the
proposed fee.
Council Member Morton asked whether the City's other traffic calming
projects would continue to be funded regardless of the
Charleston/Arastradero configuration.
Mr. Emslie said the computerized, or ITS, system for each of the City's
corridors was something that would continue to move forward.
Mr. Kott said in order to solve Palo Alto's future traffic problems staff would
need to automate much of the traffic management, including signal, parking and electronic travel information.
Council Member Morton expressed concern about the assumption there
would be no funding because some of the parts would be temporary. He
hoped one of the things that came out of the Nexus Study was how the City
handled the school corridors with the recently installed bullet trains.
Council Member Kleinberg said the proposed DIF was keyed to a carefully
thought out program of improvements and mitigations. She expressed her
support for proposed plan.
Vice Mayor Burch expressed his support for the proposed plan and would like
to see it move forward as quickly as possible.
Council Member Kishimoto asked whether staff anticipated looking at both
the average daily trips and the peak hour travel.
Mr. Kott said with respect to the corridor, staff would not consider a vehicle
trip based fee, but rather a fee based on the number of people coming to the
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corridor due to new development and redevelopment, and the
pedestrian/bicycle and streetscape needs.
Council Member Kishimoto expressed her support for the proposed plan.
Council Member Mossar concurred with the comments of Council Member
Kleinberg. She said it was a good model, and is one that she would like to
see in future discussions where impact fees were keyed to specific areas and
bundles of projects. The Nexus Study was about how much to charge new
developments based upon their contribution to the problem. It was foolish to
believe the TIF would provide enough money to fund all of its projects.
Council Member Morton asked if the costs of desired future improvements
were defined and an impact fee for that area determined, could an impact
fee be imposed on the greater community that would contribute to some of
those improvements, or was the expectation that the residents of the new
development would contribute solely to the impact fee.
Mr. Emslie said the impact fees would be separate and not mutually
exclusive. The TIF was based on the increased number of trips. What was
known about the corridor was that larger proposed projects did not generate
more trips, but different types of trips, which had a different type of impact.
Mayor Beecham expressed his support for the proposed plan. He was
sensitive to the difference between overall impacts, which the TIF was in his opinion, versus more specific localized impacts.
MOTION PASSED 6-0, Cordell not participating, Freeman, Ojakian absent.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Vice Mayor Burch noted he spent time with Richard James, Dan Williams,
and Rob DeGeus of the Community Services Department visiting the various
recreation camps, and it was great to visit the young people. He noted he
represented the Council at the funeral services for Officer “Billy” Baldwin,
which was a beautiful service.
Council Member Kleinberg spoke regarding the sales tax increase proposed
by the County of Santa Clara and thanked Mayor Beecham for the letter he
sent to the Board of Supervisors. She noted the Board of Supervisors did not
approve the proposal.
Council Member Kishimoto commented regarding three labor contracts on
the Consent Calendar. She voted to support the contracts, which
represented goodwill and difficult negotiations on both sides.
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Council Member Mossar clarified the motion for Consent Calendar Item No. 8
did not eliminate one point of contact between the CAO’s and Council. She
also gave a report on the recent San Francisquito Creek Joint Powers
Authority (JPA) meeting, where the Army Corps of Engineers spoke
regarding their concerns about property values. The JPA Board approved a
strategy for the next year.
Council Member Morton read into record: Morton & Associates Inc., Certified
Public Accountants, of which I am the principal, performs accounting,
auditing and tax services for corporations, non-profits and individuals in the
mid-peninsula. My staff and I have performed auditing and accounting
services within the last year for a number of non-profit organizations that
receive funds from or through the City of Palo Alto. I have given each of my
clients the option of retaining us as their auditor/accountant or having us
resign so that I may participate in any matter that comes before the City
Council affecting them. For those organizations that have elected to retain
us, I have indicated that I will disclose my role as auditor or accountant and
absent myself from any matter that relates to them directly. Among the
non-profit organizations that currently receive City funding or other benefits
such as reduced rent and for which Morton & Associates, Inc. has within the
last year provided, or continues to provide services are the following:
Adolescent Counseling Services
Community Skating, Inc.
Friends of the Palo Alto Children’s Theatre Museum of American Heritage
Palo Alto Community Child Care
Palo Alto Players
Palo Alto Recreation Foundation
Project Sentinel Inc.
The Children’s Preschool Center
Zohar Dance Company
Council Member Morton stated “I will not participate in the approval of the
funding or the provision of benefits to these or other clients that may come
before the City and request direct funding or other forms of City assistance.
I will ask my colleagues to vote on matters affecting any of my current or
former clients before approval of the main item and on those items I will
disqualify myself and will not participate in the discussion or decision-
making.”
Council Member Kleinberg thanked Council Member Mossar for her
commitment to the San Francisquito Creek JPA.
CLOSED SESSION
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The meeting adjourned at 8:48 p.m. to a Closed Session.
17. Conference with City Attorney -- Existing Litigation
Subject: In re Enron Corp., Debtor, U.S. Bankruptcy Court, Southern
District of New York; Case No.: 01-16034(AJG)
Authority: Government Code section 54956.9(a)
18. Conference with Labor Negotiators
Agency designated representatives: City Manager and his designees
pursuant to the Merit System Rules and Regulations (Frank Benest,
Leslie Loomis)
Employee Organization: Fire Chiefs Association Management
Personnel, IAFF Local 1319
Authority: Government Code section 54957.6(a)
The City Council met in Closed Session to discuss matters existing litigation
and labor negotiations, as described in Agenda Item No. 17 and 18.
Mayor Beecham announced there was no reportable action taken.
FINAL ADJOURNMENT: The meeting adjourned at 9:25 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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