HomeMy WebLinkAbout2004-10-12 City Council Summary Minutes
Special Meeting
October 12, 2004
JOINT STUDY SESSION WITH PLANNING AND TRANSPORTATION
COMMISSION ........................................................................................ 232
1. Mayor’s Retail Committee Action Plan ............................................... 232
ADJOURNMENT: The meeting adjourned at 6:45 p.m. ................................. 232
1. Proclamation Celebrating the 70th Anniversary of Palo Alto Junior
Museum & Zoo .............................................................................. 233
ORAL COMMUNICATIONS ........................................................................ 233
2. Energy Options Update ................................................................... 234
APPROVAL OF MINUTES .......................................................................... 235
3. The Policy and Services Committee Recommends to the City Council Not to
Accept the Proposal Submitted by the Lucie Stern Maritime Center
Responding to a Request for Proposal (RFP) Package to Relocate, Repair
and Lease the Former Sea Scout Base .............................................. 235
4. Public Hearing: The Palo Alto City Council will Consider a Request by Alex
Kanellakos on Behalf of the Property Owners on Allen Court, Tract # 1137,
for a Zone Change from R-1 Single Family Residential to R-1(S) Single Family Residential with Single Story Overlay. .................................... 236
5. Conference with Labor Negotiators: ................................................. 240
ADJOURNMENT: The meeting adjourned at 9:04 p.m. ................................. 240
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:04 p.m.
CITY COUNCIL
PRESENT: Beecham, Burch, Cordell, Kishimoto, Kleinberg, Morton (arrived
6:07 p.m.), Mossar (arrived 6:30 p.m.), Ojakian
ABSENT: Freeman
PLANNING AND TRANSPORTATION COMMISSION
PRESENT: Bialson, Burt, Griffin, Holman, Packer
ABSENT: Cassel, Lippert
JOINT STUDY SESSION WITH PLANNING AND TRANSPORTATION COMMISSION
1. Mayor’s Retail Committee Action Plan
Members of the Mayor’s Retail Committee discussed the feedback received the
last several months regarding the current retail environment in Palo Alto, and
they presented their recommended action plan to members of the City Council
and Planning and Transportation Commission. The plan identified five areas of
focus: Addressing Land Use and Transportation Issues; Supporting Local
Business and Merchant Associations; Better Promoting Parking in Business
Districts; Initiating a Business Registry; and Supporting “Shop Palo Alto” Efforts. Administrative actions were currently under way, and staff would
return as needed for those actions that require policy direction.
No action required.
ADJOURNMENT: The meeting adjourned at 6:45 p.m.
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Special Meeting
October 12, 2004
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:45 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg, Morton,
Mossar, Ojakian
SPECIAL ORDERS OF THE DAY
1. Proclamation Celebrating the 70th Anniversary of Palo Alto Junior
Museum & Zoo
Mayor Bern Beecham presented the Proclamation to Rachel Meyer, Executive
Director of the Jr. Museum and Zoo, which was read into the record by Vice
Mayor Burch.
Virginia Loesch, President of the Friends of the Jr. Museum, spoke of their
involvement with the Museum for the past 10 years. The Friends had
contributed one-third of the Museum’s funding, which covered exhibits, East
Palo Alto’s Outreach Program, and special projects, such as the Bat Habitat.
She said a new Jr. Museum and Zoo sign was donated on September 30, 2004, and the official unveiling would take place at an Open House on October 29,
2004. Ms. Meyer brought a Bull Python and Egyptian Fruiting Bats to the
meeting; two of the many animals that were often shared in classrooms.
Mayor Beecham thanked the Board and Friends of the Museum for their
continued contribution and volunteerism in making the Jr. Museum a success.
Council Member Morton expressed his appreciation to staff and individuals for
their continued support to the Museum.
No action required.
ORAL COMMUNICATIONS
Ruth Chippendale, Santa Ana Street, spoke regarding recognizing the
temporary hourly union.
Don Mayall, Alger Street, spoke regarding a resolution recognizing the
temporary hourly union.
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Annie Bunten spoke regarding recognition for temporary hourly workers.
Fred Balin, 2385 Columbia Street, spoke regarding the Zoning Ordinance
Update.
Aram James spoke regarding Proposition 66, against the Three Strikes law.
Norman Carroll spoke regarding Proposition 63, Mental Health Services.
Ed Power spoke regarding good government and the unethical behavior of
previous Councils.
City Manager Frank Benest spoke regarding hourly temporary workers.
STUDY SESSION
2. Energy Options Update
John Ulrich and Girish Balachandran presented an overview of the City of Palo
Alto's "Electric Supply Alternatives". The study session provided details of the
key uncertainties facing Palo Alto's electricity supply portfolio and the status of
the Long-Term Electric Acquisition Plan ("LEAP") put in place to address those
uncertainties. There were dramatic changes taking place in the electric supply
picture starting January 1, 2005, when a long-term contract with Western Area
Power Administration that provided firm power to meet nearly all of the City's
electric load ends. The City established a diversified portfolio of supply sources
to replace the contract. New long-term supplies from Western were
established, in addition to the City's share of the Calaveras hydroelectric
project, to provide about half of the City's supply needs. However, the supply
from those resources can vary from year to year by up to a quarter of the total
City load due to hydrological conditions. The remaining needs were being
addressed with a variety of resources, including reduced load through energy
efficiency, and diversified supplies from renewable energy resources, thermal
generation, and market purchases. The new "post-04" picture would
experience higher costs than had been experienced in the past, and electric
rates would need to increase to match the higher costs, although electric rates
expected to continue to be significantly lower than PG&E retail rates, but by
less than they were currently. The diversified portfolio approach sought to
achieve a balance of community goals with respect to reliability, economics,
and sustainability. The presentation described several upcoming LEAP
implementation tasks, including finalizing the first tier of renewable energy contracts, aggressively targeting cost-effective demand side resources,
completing the local generation feasibility study, and continue "laddering" in
market purchases over time. Renewable energy was addressed via three
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separate programs: renewable supply, intended for all customers, Palo Alto
Green, offered on a voluntary basis, and Public Benefits, providing financial
assistance for customer-sited renewable energy systems. The objectives and
goals of the local generation feasibility study were described, with visual
examples of generation alternatives that were able to blend into the
community by embracing creative design. The presentation ended with
questions and comments from Council.
Council expressed appreciation for the information provided. They felt that it
was important to ensure that the community realizes there could be as much
as a 65 percent deficit (if no action was taken), that the days of guaranteed
supply were gone, and that the diversified approach to filling the deficit would
likely require some supplies to be provided under long-term contracts. Council
asked to clarify the term "thermal generation", which was electric generation
derived from burning fossil fuel, which in California would almost certainly be
natural gas as the cleanest and most economical means to accomplish
dispatchable generation. Council expressed a degree of comfort in the state of
CPAU's risk management program, which compared favorably to the rest of the
industry. Council also stressed the importance to continue to track and
aggressively pursue solar power as the technology improved and costs
declined. Council congratulated staff on the diversity of approaches, and
commended CPAU's accomplishments in establishing Palo Alto as one of the
nation's leaders in incorporating sustainable energy solutions into the portfolio.
No action required.
APPROVAL OF MINUTES
MOTION: Council Member Burch moved, seconded by Morton, to approve the
minutes of September 13, 2004, as submitted.
MOTION PASSED 9-0.
CONSENT CALENDAR
MOTION: Council Member Morton moved, seconded by Cordell, to approve
Consent Calendar Item No. 3.
ADMINISTRATIVE
3. The Policy and Services Committee Recommends to the City Council Not
to Accept the Proposal Submitted by the Lucie Stern Maritime Center
Responding to a Request for Proposal (RFP) Package to Relocate, Repair
and Lease the Former Sea Scout Base. Further, to Direct Staff to Open
Discussions with Environmental Volunteers with a View of Developing a
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Potential Long Term Lease and that Staff Come Back to the Policy and
Services Committee Within 180 days with a Status Report.
MOTION PASSED 9-0.
PUBLIC HEARING
4. Public Hearing: The Palo Alto City Council will Consider a Request by Alex
Kanellakos on Behalf of the Property Owners on Allen Court, Tract #
1137, for a Zone Change from R-1 Single Family Residential to R-1(S)
Single Family Residential with Single Story Overlay. Environmental
Assessment: Exempt from the California Environmental Quality Act per
Section 15301. File No. [04-ZC-07].
Ordinance 1st Reading entitled “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 Classification of Certain Properties on
Allen Court, a Portion of that Property Known as Tract 1137 From R-1 To
R-1(S)”
Chief Planning Official Lisa Grote narrated a presentation outlined in staff report (CMR:442:04)
Planning and Transportation Commissioner Karen Holman said the staff report
and staff presentation represented the actions of the Planning Commission.
Mayor Beecham declared the Public Hearing opened at 8 p.m.
Robin D. Stavisky, 3162 Ross Road, said the “overwhelming majority” level of
support was a misstatement and he felt the number of residents in favor of the
overlay was less. She wanted Council to know the majority of residents at
Allen Court were not in support and raised issues on how people felt and the
way votes were recorded.
John Sessoms, 421 Carolan Lane, said adding a second floor to an Eichler
home would take away the privacy from an existing neighbor.
John Tumminaro, 777 Allen Court, opposed the overlay and the Conditions, Covenants and Restrictions (CC&Rs). He urged Council to not approve the
recommendations.
R. A. Witt, 769 Allen Court, did not support the overlay.
Steve Greenbaum, 782 Allen Court, was in favor of the overlay.
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Dan Rausch, 935 Elsinore Drive, was in support of the overlay and spoke on
the success of single story overlay remodels in ten other neighborhoods in Palo
Alto.
Chris Chaffe, 785 Allen Court, spoke on behalf of the applicant and read a
letter from Marty Arbrunich in support of Mr. Kanellakos application.
Mayor Beecham declared the Public Hearing closed at 8:30 p.m.
MOTION: Council Member Morton moved, seconded by Burch, to approve the
staff recommendation adopting the rezoning by introducing the ordinance
(Attachment A of CMR:442:04) to rezone Tract 1137 to R-1 (S) Single Family
Residential with Single Story Overlay District.
Vice Mayor Burch proposed to exempt the three houses on Ross Road, that
were against the rezoning, to change the percentage of those wanting the
single story overlay.
Council Member Morton said due to the layout and design of the lots, seven
homes would be impacted if the three were exempted. He did not accept the
amendment.
Council Member Kleinberg said the votes were reduced to 59 percent with Mr.
Witt withdrawing his “pro” vote. She asked if staff had knowledge of the
woman, who changed her vote to a “no.”
Ms. Grote said the resident had e-mailed the City regarding her change, which
reduced the percentage to 54 percent.
Council Member Kleinberg said a 54 percent vote in favor was not overwhelming and not a criteria for a single story overlay. She asked staff
what was considered as “overwhelming” support.
Ms. Grote said the guidelines were flexible and did not have a definition for
“overwhelming” support. The numbers had varied from 69 to 81 percent
through the years. Staff and the P&TC had discussed whether to attach a
percentage to the definition or to having it remain flexible. She said 64
percent was the lowest owners’ support. In the absence of a percentage
definition, staff would need to approve 54 percent.
Council Member Kleinberg asked whether the CC&Rs required a majority vote.
Ms. Grote said CC&Rs were attached by the developers prior to selling the
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homes.
Council Member Kleinberg asked if a supermajority vote was required for
applying CC&Rs and a supermajority for removing.
Ms. Grote said it was her understanding the same processes applied.
Council Member Kleinberg had issues regarding the vagueness in the law and
its application. It allowed a large margin for discretion at the administrative
level that could interfere with property rights. She said it was her
understanding that 51 percent of votes were required to remove CC&Rs, but an
overlay imposed by the City required a supermajority vote. Since
“supermajority” was not defined, it created a vague area that would affect
property rights. The process did not allow for civil discourse and the Planning
Department needed to review the process. She did not support the motion.
Mayor Beecham asked staff to explain Attachment J of staff report
(CMR:442:04).
Ms. Grote said Attachment J summarized the changes to be considered for the
single story overlay. They were referred back to the Planning Department for
additional public outreach and comments. It included removal of the criteria
that discussed moderate lot sizes. In the past, residences were allowed to use
the full allowable floor area on the ground floor. The 40 percent lot coverage
would no longer be required should the single story overlay district be
consistent with the R-1 district.
Council Member Kishimoto did not support the motion. She felt the procedure
for counting last minute changes was unclear and the percentage of support
for the overlay was low.
SUBSTITUTE MOTION: Council Member Mossar moved to delay the item until
there was time to look at the new guidelines for R-1.
SUBSTITUTE MOTION DIED FOR LACK OF A SECOND
Council Member Mossar said she supported the motion.
Council Member Cordell did not support for motion. She did not consider 54
percent as “overwhelming” support. She clarified the question regarding
simple majority vote by reading Commissioner Burt’s statement, an excerpt
from the Planning and Transportation Commission (P&TC) Meeting Minutes, of
September 29, 2004, page 15. as follows: “So we would have a fundamental
change from a simple majority that could remove a CC&R to suddenly by the
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City endorsing the process through the overlay zone it would create a
requirement of a supermajority to remove what essentially was a simple
majority on a CC&R under their original covenants.”
Mayor Beecham did not support motion.
Council Member Freeman asked staff to describe Mr. Sessoms’ privacy issues
regarding glass walls in the neighborhood. She asked how polls were taken
and what the recourse would be if the motion passed.
Ms. Grote said staff could not confirm Mr. Sessoms’ comments regarding the
neighborhood’s privacy since staff did not visit the rear yards of the property.
In reference on how the poll was taken, a letter of explanation was mailed to
all residences describing the single story overlay and its implications. It was
an independent poll asking owners to respond back to the City. Responses
were kept confidential. In the event the motion was denied, the applicants
could reapply in the future.
Council Member Freeman supported the single story overlay.
SUBSTITUTE MOTION: Council Member Ojakian moved, seconded by Burch,
to exclude the four houses along Ross Road, as part of the overlay, and include
the other houses, as part of overlay, which was close to two-thirds of
remaining homes in favor of the overlay. The four homes excluded would be
subject to Design Review.
Council Member Ojakian said he had voted in favor of the entire single story
overlay zonings except for the one at Barron Park that had a mixed
environment. When guidelines were established in 1992, they stated the
discretion would be left in the hands of the Council with the understanding of
where the Community should be and to maintain Councils’ values.
Council Member Kishimoto supported the substitute motion.
Council Member Mossar said because of the intricate property lines, excluding
the four houses would impact the neighboring homes. She did not support the
substitute motion and voted for the original motion.
Council Member Morton said the amendment would save one of the guidelines
but offended one of the other major guidelines. The underlying reason for
approving the other single story overlays was to respect the CC&Rs. He felt
the character of the neighborhood would not be preserved if the motion and
substitute motion were approved due to the layout of the homes.
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Council Member Ojakian said the reason for exempting the four homes on Ross
Road was because there were four two-story homes directly across the street
that would keep the character of the neighborhood along Ross Road.
SUBSTITUTE MOTION FAILED 4-5, Beecham, Cordell, Freeman, Kleinberg,
Morton yes.
MOTION PASSED 5-4, Beecham, Cordell, Kleinberg, Kishimoto no.
CLOSED SESSION
5. Conference with Labor Negotiators:
Agency Negotiator: City Manager and his designees pursuant to the Merit
System Rules and Regulations (Frank Benest, Leslie Loomis)
Represented Employee Organization: Palo Alto Fire Chiefs’ Association
(PAFCA)
Authority: Government Code Section 54957.6(a)
ADJOURNMENT: The meeting adjourned at 9:04 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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