HomeMy WebLinkAbout2009-03-16 City Council Summary Minutes
1 03/16/09
Regular Meeting
March 16, 2009
1. Proclamation for the Black and White Ball.........................................4
2. Welcome to Visitors from Tsuchiura City, Japan.................................4
2A. (Former No. 17.) Approval of a Sister City Alliance Agreement Between
the City of Tsuchiura City, Japan and the City of Palo Alto...................4
CITY MANAGER COMMENTS....................................................................5
ORAL COMMUNICATIONS.......................................................................6
APPROVAL OF MINUTES .........................................................................6
3. Resolution 8906 entitled “Resolution of the Council of the City of Palo
Alto Establishing a Citizen Oversight Committee for Expenditures of
Library Bond Funds”......................................................................8
4. Approval of a Letter Agreement with the Friends of Lytton Plaza LLC to
Authorize the Reimbursement of 50% of Design Costs Incurred by the
Friends up to a Maximum of $50,000...............................................8
5. Approval of a Contract with JJR Construction Inc., in an Amount Not to
Exceed $457,217 for the 2009 Street Maintenance Program Concrete
Preparation Capital Improvement Project PE-86070...........................8
6. Approval of Amendment No. 2 to Contract Number C08126592 with
the Palo Alto Art Center Foundation in the Amount of $6,249 for a
Total Not to Exceed Amount of $374,829 for the Development of
Construction Documents for the Renovation and Capital Improvements
to the Palo Alto Art Center, Capital Improvement Program Project
PF-07000.....................................................................................8
7. Resolution 8907 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the City Manager to Execute Amendments to the
City’s Electric Supply Agreements to Operate Effectively Under the
New Transmission Market Rules of the California Independent System
Operator Corporation”. ..................................................................8
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8. Adoption of Two Resolutions to Incorporate Two Side Letter
Agreements to the 2006-2009 Memorandum of Agreement with
Service Employees International Union (SEIU), Local 521, Resolution
8908 Clarifying Vacation Accrual and the Term of the PERSChoice
Reimbursement Plan: 1) Amending Section 1401 of the Merit System
Rules and Regulations Regarding the 2006–2009 Memorandum of
Agreement Between the City of Palo Alto and Service Employees
International Union (SEIU), Local 521 and 2) Resolution 8909
Amending the 2006-2009 Compensation Plan for Service Employees
International Union (SEIU), Local 521, Adopted by Resolution No.
8658...........................................................................................8
9. Adoption and Approval of Nine Documents Facilitating the Construction
and Funding of the Ultraviolet Disinfection Facility Project at the Palo
Alto Regional Water Quality Control Plant:........................................8
10. Approval of a Three Year Contract with SCS Field Services in the Total
Amount of $470,484 for Landfill Gas and Leachate Control Systems
Maintenance, Monitoring and Reporting Services. ..............................9
11. Approval of a Purchase Order for the “As Needed” Acquisition of
Electric Wire and Cable for Municipal Service Center (MSC) Warehouse
Stock Items with Wesco Distribution for an Amount Not to Exceed of
$900,000 for a Term of Up to Three Years........................................10
12. Resolution 8913 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the City Manager to File an Application for a State
Revolving Fund Financial Assistance Agreement in an Amount Not to
Exceed $37 Million from the State Water Resources Control Board for
the Construction of the Palo Alto Recycled Water Project”...................10
13. Request for Authorization to Increase Existing Contract with the Law
Firm of Hanson Bridgett LLP by an Additional $6,472 For a Total
Contract Not to Exceed Amount of $191,472.....................................10
13A. (Former No. 18) Human Relations Commission Recommendation to the
Council that June 21st Should be Established as World Music Day in
Palo Alto and Applicable General Fund Fees Should be Waived.............10
14 Approval of a Mitigated Negative Declaration and Adoption of an
Ordinance Amending Chapter 5.35 (“Retail Sales – Requirement for
Paper Bags”) of Title 5 (“Health and Sanitation”) of the Palo Alto
Municipal Code to Place a Limited Prohibition on Single-Use Plastic
Checkout Bags. ............................................................................11
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14A. (Former No. 16.) Human Relations Commission and Policy and
Services Committee Recommendation to Adopt the Ordinance
Amending Section 9.72.070 of Chapter 9.72 [Mandatory Response to
Request for Discussion of Disputes Between Landlord and Tenants] of
Title 9 of the Palo Alto Municipal Code to Void Rent Increases Given
Without Notice of the Right to Mediation. .........................................24
15A. Approval of a Mitigated Negative Declaration and Architectural Review
for a 35-Unit, 100% Affordable Housing Project, Adoption of
an Ordinance Amending Section 18.08.040 of the Palo Alto Municipal
Code (The Zoning Map) to Change the Classification of Property
Located at 488 West Charleston Road from PC Planned Community (PC
2565) to PC Planned Community _____, and Approval of Record of
Land Use Action............................................................................26
15B. Approval of a Loan Agreement with Tree House Apartments, L.P. to
Provide an Acquisition Loan in the Amount of $2,838,577 from the
Residential Housing Fund and Community Development Block Grant
(CDBG) Funds for the Development of a 35-Unit Affordable Housing
Project at 488 West Charleston Road...............................................26
16. Human Relations Commission and Policy and Services Committee
Recommendation to Adopt the Ordinance Amending Section
9.72.070 of Chapter 9.72 [Mandatory Response to Request for
Discussion of Disputes Between Landlord and Tenants] of Title
9 of the Palo Alto Municipal Code to Void Rent Increases Given
Without Notice of the Right to Mediation....................................34
17. Approval of a Sister City Alliance Agreement Between the City of
Tsuchiura City, Japan and the City of Palo Alto..................................34
18. Human Relations Commission Recommendation to the Council that
June 21st Should be Established as World Music Day in Palo Alto and
Applicable General Fund Fees Should be Waived................................35
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES ......35
CLOSED SESSION .................................................................................35
ADJOURNMENT: The meeting adjourned at 1:25 a.m. ...............................36
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The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:13 p.m.
Present: Barton, Burt, Drekmeier, Espinosa, Kishimoto, Morton, Schmid,
Yeh
Absent: Klein
AT THIS POINT THE CITY COUNCIL ADJOURNED AND
RECONVENED AS THE PUBLIC IMPROVEMENT CORPORATION
SPECIAL ORDERS OF THE DAY
1. Proclamation for the Black and White Ball.
Vice Mayor Morton read the proclamation honoring the 2008 Palo Alto Black
and White Ball.
2. Welcome to Visitors from Tsuchiura City, Japan.
MOTION: Council Member Yeh moved, seconded by Council Member
Kishimoto to move Agenda Item Number 17 forward to be heard at this
time.
MOTION PASSED: 8-0 Klein absent
Mayor Drekmeier extended a welcome to the visitors from Tsuchiura City,
Japan and the host families from the City of Palo Alto.
Tsuchiura City Board of Education Supervisor, Mr. Kinoshita expressed his
appreciation to the Council Members. He indicated the Student Exchange
Program was in its 16th year.
Mayor Drekmeier stated his support for the Sister City Alliance (Alliance),
and thanked Neighbors Abroad for their involvement.
2A. (Former No. 17.) Approval of a Sister City Alliance Agreement Between
the City of Tsuchiura City, Japan and the City of Palo Alto.
Acting Director of Community Services, Greg Betts stated the Sister City
Program, which is supported by Neighbors Abroad, has created and
sustained bonds of friendship and understanding between several
communities around the world since 1963. He indicated hundreds of family
and student exchanges have been arranged. He overviewed the
demographics and annual festivities of Tsuchiura City, Japan and its
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similarities to the City of Palo Alto. He stated Staff is seeking the
authorization for the Mayor to sign the Letter of Acceptance and Alliance
Agreement. He indicated the intent of the Alliance was to create a mutual
agreement to encourage educational and cultural exchanges and to foster
person-to-person relationships. Once the Alliance was accepted by both
cities, it will be enacted for a period of one year, and will automatically
renew unless notice of nonrenewal is provided by either party 30 days
before the renewal date.
MOTION: Council Member Kishimoto moved, seconded by Council Member
Espinosa to approve Staff recommendation to enter into a Sister City
relationship with Tsuchiura City, Japan and authorize the Mayor to sign the
Sister City Letter of Acceptance and the Alliance Agreement.
MOTION PASSED: 8-0 Klein absent
Consul Takanori Okuda applauded the citizens of the City of Palo Alto and
Tsuchiura City, Japan. He read a congratulatory letter from the Consulate
General of Japan located in San Francisco, California.
Council Member Kishimoto stated her deep appreciation for this partnership,
and thanked the volunteers that worked tirelessly contributing to the
Alliance between the two cities. She overviewed the global history of the
Sister City Program.
CITY MANAGER COMMENTS
City Manager, James Keene overviewed the following: 1) The status of the
City’s new Police Chief recruitment. He indicated Staff hopes to appoint a
permanent Police Chief in June 2009. 2) He stated the 2009 Walking Gas
Leakage Survey will be conducted between March 30, 2009 and July 31,
2009. 3) He stated SAP and the City is finalizing the City’s Utility Billing
System. He indicated the final training for Staff will be conducted in the
month of April, beta testing will be conducted in May, and the launch of the
new on-line services is anticipated in late June. 4) He stated the
Department of Transportation will be conducting an annual inspection
focusing on field practices for the City’s Operators. 5) He stated on March
1st the Palo Alto Landfill stopped accepting commercial loads of refuse. He
indicated commercial users were noticed to take their refuse to the Smart
Station and construction and demolition material to the Zanker Road
Material Processing Facility. 6) He overviewed the toxic chlorine gas usage
at the Public Works Treatment Wastewater Plant. In light of a Council Policy
the Plant deregistered as a source of liquid toxic chemicals with the USEPA
and the Santa Clara Health Department due to the completion of the Safer
Liquid Chemical System. 7) He announced the implementation of the City
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Clerk’s new E-Gov Agenda Subscription Notification System that can be
found on the City’s website.
ORAL COMMUNICATIONS
Paula Sandas, Palo Alto Chamber of Commerce, spoke regarding the
Business License Tax. She stated City Staff made a comprehensive
presentation of the proposed Business License Tax. She indicated the Palo
Alto Chamber of Commerce developed a position to oppose the Gross
Receipt Tax, and recommended the formation of a Blue Ribbon Task Force.
Kara Rosenberg, 820 Bruce Drive, spoke regarding the Parent Project which
was supported by the Palo Alto Unified School District and the Palo Alto
Police Department. She stated the intent of the Parent Project Program was
to develop effective strategies, support, and create a relationship between
the Police Department and the School District. She overviewed the Parent
Project Program’s success.
Kristen Johnson, 245 Wilton Avenue, spoke in regards to her experience with
police officer brutality and racial profiling. She stated candidates for Police
Chief should possess strength, understanding, and fairness in regards to
racial issues. She was not in favor of selecting an internal candidate.
Leo Johnson, 245 Wilton Avenue, referenced a case law where police officer
brutality was used in detaining an individual because of his suspicion of
drunkenness in public.
Barbara Waugh, 425 Ferne Avenue, spoke in regards to her son’s negative
experiences with the Palo Alto Police Officers.
Mark Petersen-Perez, spoke regarding the City Council’s communication and
concerns with the Police Department.
APPROVAL OF MINUTES
MOTION: Vice Mayor Morton moved, seconded by Council Member Barton
to approve the minutes of February 2 and February 9, 2009.
MOTION PASSED: 8-0 Klein absent
CONSENT CALENDAR
Council Member Barton advised that he would not be participating in
Consent Calendar Item Number 9 as he is on staff at Stanford University.
7 03/16/09
Vice Mayor Morton advised he would not be participating in Consent
Calendar Item Number 7 as he has Sempra Stock Ownership which
constitutes a Conflict.
Herb Borock, P.O. Box 632, spoke on Consent Calendar Item Number 4. He
stated his observation of several documents being signed by Staff before the
actions were approved by the City Council.
Bern Beecham, 321 Cowper, spoke on Consent Calendar Item Number 6.
He expressed his appreciation for the City’s continued support of the Palo
Alto Art Center.
Robert Moss, 4010 Orme Street, spoke on Consent Calendar Item Number
12. He suggested that when the City applied for funding to emphasize using
the retreated and recycled groundwater in the Research Park as irrigation.
He suggested taking the water from the Water Treatment Plant and using it
at the Stanford Research Park.
Herb Borock, P.O. Box 632, spoke on Agenda Item Number 12. He stated
the proposal showed an advantage of a low interest rate and federal monies;
however, the schedule separates reviewing the project and the financial
implications from the environmental review.
City Attorney, Gary Baum spoke on Consent Calendar Item Number 4 stating
the Letter of Agreement was pre-signed by City Staff; however, if the City
Council did not approve the Agreement the letter would be void. He stated
the City Manager only has authority to sign contracts if the amount in the
budget has been approved by the City Council. Therefore, what was signed
by the City Manager before the City Council’s approval was within previously
provided authority.
Council Member Espinosa requested information on whether an option was
considered in regard to the idea raised by Mr. Moss.
Director of Public Works, Glenn Roberts stated the key issue was to establish
a long range continuous sustainable supply of the reclaimed water in the
area. He stated once the Groundwater Project is completed, the reclaimed
water would not be available.
Council Member Espinosa stated he had an interest in seeing if reclaiming
the recycled water could be an added to the Project as an add-on that would
possibly help keep the operational costs down and make the Project be more
efficient.
Mr. Roberts stated he would pursue this option.
8 03/16/09
MOTION: Council Member Espinosa moved, seconded by Council Member
Kishimoto to approve Consent Calendar Item Numbers 3-13.
3. Resolution 8906 entitled “Resolution of the Council of the City of Palo
Alto Establishing a Citizen Oversight Committee for Expenditures of
Library Bond Funds”.
4. Approval of a Letter Agreement with the Friends of Lytton Plaza LLC to
Authorize the Reimbursement of 50% of Design Costs Incurred by the
Friends up to a Maximum of $50,000.
5. Approval of a Contract with JJR Construction Inc., in an Amount Not to
Exceed $457,217 for the 2009 Street Maintenance Program Concrete
Preparation Capital Improvement Project PE-86070.
6. Approval of Amendment No. 2 to Contract Number C08126592 with
the Palo Alto Art Center Foundation in the Amount of $6,249 for a
Total Not to Exceed Amount of $374,829 for the Development of
Construction Documents for the Renovation and Capital Improvements
to the Palo Alto Art Center, Capital Improvement Program Project
PF-07000.
7. Resolution 8907 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the City Manager to Execute Amendments to the
City’s Electric Supply Agreements to Operate Effectively Under the
New Transmission Market Rules of the California Independent System
Operator Corporation”.
8. Adoption of Two Resolutions to Incorporate Two Side Letter
Agreements to the 2006-2009 Memorandum of Agreement with
Service Employees International Union (SEIU), Local 521, Resolution
8908 Clarifying Vacation Accrual and the Term of the PERSChoice
Reimbursement Plan: 1) Amending Section 1401 of the Merit System
Rules and Regulations Regarding the 2006–2009 Memorandum of
Agreement Between the City of Palo Alto and Service Employees
International Union (SEIU), Local 521 and 2) Resolution 8909
Amending the 2006-2009 Compensation Plan for Service Employees
International Union (SEIU), Local 521, Adopted by Resolution No.
8658.
9. Adoption and Approval of Nine Documents Facilitating the Construction
and Funding of the Ultraviolet Disinfection Facility Project at the Palo
Alto Regional Water Quality Control Plant:
9 03/16/09
(1) Resolution 8910 entitled “Resolution of the Council of the City of
Palo Alto Authorizing the City Manager to Execute a State
Revolving Fund Financial Assistance Agreement in an Amount Not
to Exceed Eight Million Five-Hundred Thousand Dollars from the
State Water Resources Control Board on Behalf of the Palo Alto
Regional Water Quality Control Plant for the Design and
Construction of the Ultraviolet Disinfection Facility”;
(2) Resolution 8911 entitled “Resolution of the Council of the City of
Palo Alto Designating Certain Ultraviolet Disinfection Facility
Project Expenditures to be Reimbursed by Proceeds from State
Revolving Fund”; (3) Resolution 8912 entitled “Resolution of the Council of the City of
Palo Alto Establishing One or More Dedicated Sources of Revenue
for Repayment of Funding Pursuant to the Federal Clean Water
Act Amendments and Rescinding Resolution 8792”; (4) Enterprise Wastewater Treatment Fund Contract with Anderson
Pacific Engineering Construction in a Total Amount Not to Exceed
$6,645,200 for Construction of the Ultraviolet Disinfection
Facility;
(5) Amendment No. 2 to Enterprise Wastewater Treatment Fund
Contract C06116829 with RMC Water & Environment in a Total
Amount Not to Exceed $400,000 for Engineering Services During
Construction of the Ultraviolet Disinfection Facility;
(6) Enterprise Wastewater Treatment Fund Contract with the Covello
Group in a Total Amount Not to Exceed $659,370 for Construction
Management Services at the Ultraviolet Disinfection Facility;
7) Addendum No. 7 to the Basic Agreement Between the City of
Palo Alto, the City of Mountain View and the City of Los Altos for
the Acquisition, Construction and Maintenance of a Joint Sewer
System; (8) Amendment No. 5 to Contract Restatement and Amendment No.
C237 Between the City of Palo Alto and the East Palo Alto
Sanitary District; and (9) Amendment No. 3 to Contract No. C869 Between the City of Palo
Alto and the Board of Trustees of the Leland Stanford Junior
University.
10. Approval of a Three Year Contract with SCS Field Services in the Total
Amount of $470,484 for Landfill Gas and Leachate Control Systems
Maintenance, Monitoring and Reporting Services.
10 03/16/09
11. Approval of a Purchase Order for the “As Needed” Acquisition of
Electric Wire and Cable for Municipal Service Center (MSC) Warehouse
Stock Items with Wesco Distribution for an Amount Not to Exceed of
$900,000 for a Term of Up to Three Years.
12. Resolution 8913 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the City Manager to File an Application for a State
Revolving Fund Financial Assistance Agreement in an Amount Not to
Exceed $37 Million from the State Water Resources Control Board for
the Construction of the Palo Alto Recycled Water Project”.
13. Request for Authorization to Increase Existing Contract with the Law
Firm of Hanson Bridgett LLP by an Additional $6,472 For a Total
Contract Not to Exceed Amount of $191,472.
MOTION PASSED for Item Nos. 3-6, 8, 10-13: 8-0 Klein absent
MOTION PASSED for Item No. 7: 7-0 Klein absent, Morton not participating
MOTION PASSED for Item No. 9: 7-0 Klein absent, Barton not participating
AGENDA CHANGES, ADDITIONS, AND DELETIONS
MOTION: Vice Mayor Morton moved, seconded by Council Member
Kishimoto to move Agenda Item Number 18 before Agenda Item Number 14,
to become Agenda Item Number 13A.
MOTION PASSED: 8-0 Klein absent
13A. (Former No. 18) Human Relations Commission Recommendation to the
Council that June 21st Should be Established as World Music Day in Palo Alto
and Applicable General Fund Fees Should be Waived.
Human Services Division Manager, Kathy Espinoza-Howard stated the
Human Relations Commission approved the recommendations listed within
the Staff report. She shared the community benefits of approving the Staff
report.
Claude Ezran, 2125 Louis Road, stated World Music Day is a celebration of
music for professional, amateur, and children musicians alike. He stated the
grassroots event would encourage the participation of a wide variety of
music types. He indicated the sponsors of the event were the Human
Relations Commission, Downtown Business Association, Palo Alto Chamber
of Commerce, Palo Alto Weekly, Palo Alto Online, and Chinese Weekly. He
stated this event entailed a detailed workplan, and stated a massive
outreach to the community would happen after the report was approved. He
11 03/16/09
stated the event was self-funding, and minimizing the cost of the event was
essential.
Council Member Burt stated this event could be a focal point to build multi-
cultural relationships and understanding in the community.
Council Member Schmid stated his approval of this event and commended
Mr. Ezran’s involvement in the event.
Council Member Espinosa wished this event success and urged plenty of
outreach, planning, and communication with downtown businesses.
MOTION: Vice Mayor Morton moved, seconded by Council Member Burt to
accept the Human Relations Commission’s recommendation to; 1) declare
June 21 as World Music Day in Palo Alto commencing in 2009, and 2) waive
all fees for special events and police officers, if additional officers are
required for World Music day this year.
Mayor Drekmeier requested clarification on the time of the event.
Mr. Ezran stated the event will be from 5:00 p.m. to 8:00 p.m.
Mayor Drekmeier stated the event will promote civic engagement by
allowing citizens to volunteer their time.
MOTION PASSED: 8-0 Klein absent
MOTION: Council Member Yeh moved, seconded by Vice Mayor Morton to
move Agenda Item Number 16 before Agenda Item Number 15A, to become
Agenda Item Number 14A.
MOTION PASSED: 8-0 Klein absent
PUBLIC HEARINGS
14. Approval of a Mitigated Negative Declaration and Adoption of an
Ordinance Amending Chapter 5.35 (“Retail Sales – Requirement for
Paper Bags”) of Title 5 (“Health and Sanitation”) of the Palo Alto
Municipal Code to Place a Limited Prohibition on Single-Use Plastic
Checkout Bags.
MOTION: Council Member Barton moved, seconded by Council Member
Schmid to continue this to a date uncertain until a closed session is held on
this matter.
Council Member Barton stated there have been legal challenges to this
issue; he stated a discussion on the strategy of how to approach the issue
12 03/16/09
should be discussed by the City Council in Closed Session prior to voting on
the item.
Council Member Schmid requested a Staff presentation, City Council
discussion, and public comment before the Motion was voted upon.
Council Member Barton stated it was not clear to him why the City Council
would have a conversation before going into a Closed Session to discuss the
Staff report. He indicated the Closed Session may create a new
conversation.
Vice Mayor Morton believed there was no point in deferring this item and the
City may likely be sued. He indicated there are people in support of both
sides of the matter and the City Council should move forward. He stated the
State mandated requirement to take steps toward reducing pollution should
be discussed even if it may not be a favorable litigation.
Council Member Burt requested Staff to weigh in on if it was advisable to
postpone action.
City Attorney, Gary Baum stated the City Council should make a policy
decision on whether to proceed. He indicated the City Council was aware of
the legal landscape.
Council Member Burt inquired on the recent legal challenges that Council
Member Barton brought up. He was not familiar with any changes in the
legal landscape.
Mr. Baum indicated he sent a memo to the City Council regarding the
Manhattan Beach case and its implications to the City of Palo Alto’s situation.
Council Member Burt inquired if this case was what Council Member Barton
was referring to.
Mr. Baum believed the Manhattan Beach case was what Council Member
Barton was referring to.
Council Member Burt inquired if it was advisable to have a Closed Session
about the potential legal liabilities before proceeding with the issue.
Mr. Baum stated it was ultimately up to the City Council to determine how to
proceed.
Council Member Burt inquired on the City Attorney’s recommendation as to
whether a Closed Session would be prudent to continue this discussion.
13 03/16/09
City Manager, James Keene stated if the Council wanted to proceed in
Closed Session at a later date, it would be appropriate to continue the Public
Hearing portion.
Council Member Yeh stated there were members of the public who wanted to
speak to this item.
Mr. Keene stated it was Council practice that once a Public Hearing was
noticed to give the public an opportunity to speak. He inquired if the Public
Hearing could be kept open until the item was brought back to the City
Council.
Mr. Baum stated yes, if that was the way the City Council wanted to
proceed.
Mayor Drekmeier stated the public would not have the benefit of a Staff
presentation before speaking.
Mr. Keene stated there was nothing in the prepared Staff presentation that
was not contained in the written Staff Report that went out to the public.
Public Hearing opened at 8:51 p.m.
Girl Scout Troop 60692, presented a poem that spoke to the environment.
The Troop spoke in favor of the proposed plastic bag ban. The Troop
promoted the use of reusable bags by handing out coupons.
Trish Mulvey stated all retail stores should be considered in this ban,
including convenience stores, food vendors, pharmacies, and large chain
grocery stores. She requested the City Council move forward with the action
this evening.
Bryan Early, Californians Against Waste stated his support of the proposed
Ordinance to ban the use of plastic bags. He stated plastic bags are a major
component of marine pollution. He stated the Californians Against Waste
support the past and current State initiatives that support the use of
reusable bags. He urged the City Council not to wait for a State solution on
this issue.
Tim James, 1415 L Street, Sacramento, representing the California Grocers
Association, stated he opposed this Ordinance due to its scope. He stated
maximizing environmental gain while minimizing business disadvantage
should be considered by the City Council. He stated if the Ordinance was
passed, the grocers would be responsible for the financial and operational
burden.
14 03/16/09
Stephanie Munoz, 101 Alma urged the City Council to make small or
moderate changes. She indicated the usefulness of plastic bags; further
sharing the various uses of plastic bags. She encouraged outreach to
residents on how to recycle and reuse plastic bags instead of banning them.
Carroll Harrington, 830 Melville Avenue representing the Palo Alto Business
Goes Green, stated they have reached out to a broad spectrum of groups to
discuss this complicated issue. She thanked Staff for their efforts
coordinating the Comprehensive Reusable Bag Program, outreach, and
incentives.
Robert Berman, 535 West Crescent Drive stated his disappointment with the
proposed Ordinance because it did not reflect the broad section of views
presented at a Study Session he attended last year. He felt more time
should be spent on the Ordinance and it should address both plastic bags
and paper bags.
Steven Joseph, Council to SaveThePlasticBag.com, stated his organization
previously filed CEQA objections. He indicated SaveThePlasticBag.com had
sent to the City their responses to the City Manager’s memorandum. He
stated SaveThePlasticBag.com recently won a lawsuit with the City of
Manhattan Beach. Last month, the court ruled the Manhattan Beach
Ordinance banning plastic bags was invalid because the City had not
prepared an Environmental Impact Report (EIR). Just like Manhattan Beach,
the City of Palo Alto is attempting to evade its legal responsibility to prepare
an EIR before passing an Ordinance banning plastic bags. In the event the
City adopts the proposed Ordinance, or any Ordinance banning plastic bags,
without first preparing an EIR SaveThePlasticBag.com will file a petition for
writ of mandate with the Santa Clara County Superior Court. He indicated
the City’s defense of the case would be a waste of taxpayer money, and he
further discouraged it. He stated one of the City Council Members
mentioned he thought SaveThePlasticBag.com was doing this to protect
revenue of the plastic bag industry; he further stated this was not true. He
stated he was here this evening because this campaign is in response to the
myth, misinformation, and exaggeration that has been disseminated about
plastic bags for several years. The fact of the matter is paper bags are far
worse for the environment than plastic bags. That is the reason
SaveThePlasticBag.com wanted an EIR, to prove that point to the City
Council and the citizens of Palo Alto. The Scottish Report and the Use-Less-
Stuff.com report SaveThePlasticBag.com submitted confirm this and it is
wrong for the City Council and for the City to ban plastic bags while retaining
paper bags. A proposed Ordinance would do exactly that; further stating the
campaign was about protecting environmental truth.
Public Hearing closed at 9:10 p.m.
15 03/16/09
Council Member Kishimoto stated she would not be supporting the Motion;
further stating she felt this issue was similar to an Ordinance the City
Council adopted regarding banning gas powered leaf blowers. She stated
this issue went on for five years, however once the ban went into affect, the
City’s air quality improved dramatically. She indicated she was ready to
vote on the original Staff report this evening.
Council Member Schmid stated delaying the Staff report might provide the
City Council and Staff an opportunity to figure out how to solve the
consumers’ dilemma of finding other sources to put their waste in.
Vice Mayor Morton stated he did not agree to stop the process of moving
forward with this Staff report. He indicated by not allowing Staff to present
a report gives the impression that the Staff report is not important enough
to deal with now. He stated the issue of holding a Closed Session is on the
basis of whether the City will have a lawsuit. He felt the issue that should
be dealt with is plastic bags and their pollution. He indicated paper bags do
not cause the same amount of harm in the waterways as plastic bags. He
felt the Ordinance needed to move forward.
MOTION: Council Member Burt moved, seconded by Council Member
Espinosa to Call for the Question.
MOTION TO CALL FOR THE QUESTION PASSED: 7-1 Schmid no, Klein absent
MOTION FAILED: 3-5 Barton, Burt, Yeh yes, Klein absent
Director of Public Works, Glenn Roberts briefly overviewed the Staff report,
which was a follow-up to the Study Session held in November 2008. He
stated the Ordinance restricts the use of take out plastic bags. He stated
the three driving factors for adopting the Ordinance were: 1) the City’s Zero
Waste Program; 2) reduction of petro-chemical products and it being carbon
neutral; and 3) trash reduction in public areas and waterways. He stated
regulatory environment conditions imposed from the Regional Water Quality
Control Board and City creeks listed by the State Board and Federal
Government are high motivating factors.
Manager for Public Works in Environmental Compliance, Phil Bobel stated
plastic litter in creeks made up 60 percent of the waste. He indicated plastic
litter moves through the waterways and is ingested by marine life. He
indicated eight meetings were held with large grocers and one meeting with
food vendors. Based on those meetings, the Comprehensive Reusable Bag
Program (Program) was formed. The components of the Program are to
adopt the proposed Ordinance eliminating single-use plastic checkout bags
that would take effect September 18, 2009. He indicated the fee on paper
bags is currently being studied. He indicated three out of the seven stores
16 03/16/09
have voluntarily implemented the Program. The City was taking the
Program in a phased approach which will allow some circulation of plastic
bags that could be used in households for other uses. If this Ordinance was
approved, the second reading would be scheduled on March 30, 2009. He
indicated extensive outreach with stores and residents would be conducted.
Council Member Barton asked what the anticipated percentage of plastic bag
use would be if the proposed Ordinance was adopted.
Mr. Bobel stated he did not have a percentage prepared.
Council Member Barton inquired why an Ordinance was not presented to
address plastic bags, paper bags, and polystyrene containers. He indicated
all these materials interrelate.
Mr. Bobel stated feedback from large grocers and retail shops owners helped
give Staff direction as to the best approach to transition residents into using
reusable bags. He indicated a one-size-fits-all concept does not apply with
this issue and Staff dealing with all the different scenarios at once would
potentially create staff issues.
Council Member Schmid inquired if a study was performed that documented
the number of plastic bags in curbside refuse pick up.
Mr. Bobel stated there has been no such study.
Council Member Schmid stated he recycles his plastic and paper bags by
using them as refuse liners in his garbage can. He indicated that if he
converted to reusable bags for his grocery shopping, he would then need to
purchase plastic bags to keep his refuse contained.
Mr. Bobel stated this was not the Ordinance’s intent; he further stated not
banning all plastic bags would allow residents to keep a supply of plastic
bags for waste disposal purposes.
Council Member Schmid requested proof that banning plastic bags and
putting a tax on paper bags would alter customer behavior and decrease
household use of plastic bags.
Mr. Roberts stated most households use plastic bags as garbage can liners,
and this was not what the Ordinance proposes to ban. He stated what was
found in a Waste Characterization Study was within the draw string plastic
bag, plastic bags were found. A vast amount of plastic bags are not reused
and are simply disposed of.
Deputy City Attorney, Amy Bartell clarified the paper bag fee; she further
indicated it should not be referenced as a tax.
17 03/16/09
Council Member Yeh requested if tracking information from the Bring Your
Own Bag (BYOBag!) campaign on the use of paper bags was performed.
Recycling Coordinator for Public Works, Annette Puskarich stated surveys
were conducted in 2008 and 2009 on the habits of shoppers. It was found
paper usage in 2008 was 32.9 percent, and 37.7 percent in 2009. Reusable
bag usage went from 9 percent in 2008 to 19 percent in 2009. Shoppers
opting for no bag went from 7.6 percent in 2008 to 16.2 percent in 2009.
The use of plastic bags in 2008 was 50.5, and 27.2 percent in 2009.
Council Member Yeh inquired if studies where conducted on incentives that
could be used in conjunction with the plastic bag ban.
Mr. Bobel stated the projection in the Staff report did not include a fee on
paper bags. There was a projection of store training, outreach, and
giveaways.
Council Member Yeh clarified his question on the increase of reusable bags,
which was the end goal of the proposed Ordinance. He inquired if there was
an end life to the incentive program, or if the incentive program would
continue. He inquired if there was a peak to an incentive program as
opposed to the Ordinance.
Mr. Bobel stated Staff envisioned the incentive program to stay active for a
long time.
Council Member Yeh inquired if Staff sees a potential alignment of the
various environmental outreach programs.
Mr. Roberts stated there was a relationship between the GreenWaste
Contract and Zero Waste Incentive; however it may be difficult to align the
outreach programs and tracking of the program because of the plastic bag
ban’s significance between volume and weight.
Mr. Bobel stated the BYOBag! campaign resulted in three large grocery
stores taking the initiative to ban plastic bags on their own. He indicated
there was publicity associated with the actions of these grocery stores and it
was difficult to single out one factor.
Council Member Yeh inquired on the remaining supermarkets that have not
voluntarily complied, and any indication from them to voluntarily discontinue
the use of plastic bags.
Mr. Bobel stated Staff asked all the large grocery stores to voluntarily stop
using plastic checkout bags and three complied.
18 03/16/09
Council Member Yeh inquired if a large chain grocery store needed more
leeway to change their plastic bag usage procedure than a smaller family
owned specialty store.
Mr. Bobel stated evidence showed how the store perceived themselves was
more the case. For example, Whole Foods is a large grocery chain and they
took the initiative to ban plastic bag use at their check-out counters.
Council Member Yeh inquired on the distinction between convenient stores
and grocery stores. He inquired if it was the quantity of bags used or the
quantity of products sold.
Mr. Bobel stated the City was using the definition the State used to define
convenient stores. He stated smaller stores, such as food vendors, are
difficult to classify.
Vice Mayor Morton stated one of the advantages of moving forward with this
Ordinance was changing the culture of the customer.
Council Member Burt inquired if other cities have adopted fees for bag use
and whether there has been any case law or legal jeopardy involved.
Ms. Bartell stated no other city has placed a fee on the use of paper bags in
California. She stated imposing a plastic bag fee on a store or customer has
not been litigated.
Council Member Burt inquired if the City was prohibited from charging fees
for all bags.
Ms. Bartell stated that was not correct.
Council Member Burt asked if the City had a modest fee on plastic and paper
bags would the City be in jeopardy.
Ms. Bartell stated a fee could be imposed on paper bags but not on plastic
bags.
Mr. Bobel indicated State law stated a fee on plastic bags could not be
imposed in large grocers and pharmacies.
Mayor Drekmeier stated State law also requires large grocers and
pharmacies to accept plastic bags for recycling.
Mr. Bobel stated that was correct.
19 03/16/09
Council Member Burt stated Staff direction was driven into this alternative
because the City cannot charge an across-the-board fee.
Mr. Bobel stated that was an important point and dramatically narrowed the
City’s options.
Council Member Burt inquired on Staffs intention on a fee for single-use
paper checkout bags.
Mr. Bobel stated Staff was currently studying this and what the appropriate
fee should be. The next steps would be establishing a fee from input with
store owners, and establishing the administration of the program.
Council Member Burt inquired on the possibility of broadening the Ordinance
to single-use plastic bags to all stores within the City. He indicated this
would help facilitate a change in the habits of consumers. He stated a
charge imposed for paper bags would alter the public’s view of bringing
reusable bags shopping.
Mr. Bobel stated it was a policy call for the City Council. He stated
increment change to the policy of banning single-use plastic checkout bags
was a good philosophy for the consumer.
Council Member Burt inquired on the possibility of using low cost reusable
bags to bag groceries. He indicated the fee would be the same as a paper
bag.
Mr. Bobel stated it was not Staffs intention to persuade consumers toward
the purchase one type of bag over another.
MOTION: Vice Mayor Morton moved, seconded by Council Member
Espinosa to accept Staff recommendation to approve the Mitigated Negative
Declaration and adopt an Ordinance amending Chapter 5.35 (“Retail Sales-
Requirement for Paper Bags”) of Title 5 (Health and Sanitation) of the Palo
Alto Municipal code to place a limited prohibition on single-use plastic
checkout bags (“Reusable Bag Ordinance”).
Vice Mayor Morton stated he would like to see the City Council move more
rapidly on this issue; however, he commended the Program for decreasing
the number of single-use plastic and paper checkout bags used.
Council Member Espinosa stated he did not agree with the approach because
of the slow pace; however, he did understand why this approach was taken.
He encouraged Colleagues not to wait for a State or County action. He
welcomed a Motion that might speed up the process or make the City’s
approach more comprehensive.
20 03/16/09
SUBSTITUTE MOTION: Council Member Burt moved, seconded by Council
Member Barton to move that Staff return after CEQA review of a ban on all
checkout plastic bags use in the City.
Council Member Burt thanked Staff for being as inclusive as possible by
listening to the feedback of grocers and small business owners. He indicated
the original Motion may not have much of an impact because many of the
grocers have already changed their policies regarding single-use plastic
checkout bags. He felt initially residents may have a challenge adapting to
the new rules.
Council Member Barton stated the Staff report was rational and well
intended; however, he was struck by how much time was being spent on an
Ordinance that would affect four stores. He stated there was going to be
legal ramifications regardless.
Mayor Drekmeier clarified the Motion; further stating the Motion was to
direct Staff to look at a comprehensive plastic bag ban that would include
pharmacies. He stated plastic bags used to cover newspapers were not part
of the Motion.
Council Member Burt clarified that his Substitute Motion was to include
checkout bags at any type of store.
Mayor Drekmeier inquired if the Substitute Motion referenced a fee on paper
bags.
Council Member Burt stated his Substitute Motion did not address the fee on
paper bags because Staff was still addressing the issue.
Mr. Keene stated the original Staff report had in the Ordinance itself a
projected implementation date after the CEQA process. Presumably, if the
Substitute Motion passed, the Mitigated Negative Declaration would need to
be redrafted. He indicated it would possibly take another 3-6 months after
the September date.
Vice Mayor Morton requested the City Council to pass the original Motion and
then ask Staff to expand upon the Motion.
Council Member Yeh inquired what impact would be on the businesses,
households, and community if the Substitute Motion were passed.
Mr. Bobel stated Staff was not sure; however, he was aware small stores are
pushing back on the concept. He indicated the City would work with these
stores to assist them in the transition.
21 03/16/09
Council Member Yeh inquired on the concerns of the small businesses.
Mr. Bobel stated the cost of paper bags and consumers current behavior of
not carrying around reusable bags when impulse shopping are concerns of
small businesses.
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER that Staff is to develop very
clear performance measures and a way to survey stakeholders.
Council Member Yeh stated the actions of the City Council Members could
have very positive effects on the community. He stated it was important to
make sure there were not unintended consequences.
Council Member Espinosa inquired on Staff reaction in regards to the
aggressiveness of the City Council Members moving forward with a more
aggressive plan.
Mr. Keene stated a more limited ban would be easier to address; however,
would have less impact. If the City approved a full ban on plastic bags, the
project would be extended 6 months over the initial September 18, 2009
implementation date. He felt the original Motion would be more
manageable.
Council Member Espinosa inquired on Staff concerns with the Substitute
Motion.
Mr. Keene stated the ability to manage feedback and the additional pressure
on the businesses was a concern. He felt Staff would implement any
decision that was approved by the City Council and either one of the Motions
was preferable than doing nothing.
Council Member Kishimoto stated a two step process of adopting Staff
recommendation and asking Staff to expand upon the Motion more
aggressively and completely was appropriate.
Mayor Drekmeier stated plastic bags in local creeks were a big issue and
people will get used to using reusable bags. He stated the Grocer
Association is looking for a comprehensive package that bans plastic bags
and puts a fee on paper bags to encourage consumers to bring reusable
bags to reduce the grocer costs of single-use bags. He requested that Staff
have a progress report on the paper bag fee by the time the ban goes into
implementation.
Council Member Schmid requested clarification on if the Substitute Motion
involves all retail stores, including food services.
22 03/16/09
Council Member Burt indicated the Substitute Motion includes all retail
checkout bags, including food services.
Vice Mayor Morton stated one step should be taken at a time. Staffs
recommendation covers 80 percent of all retail grocery markets in the City
of Palo Alto. He felt Staff spent many hours on their recommendation and
the City Council should support it.
AMENDMENT: Council Member Kishimoto moved, seconded by Council
Member XXXX that by September 18, 2009 implementation date, Staff would
return to Council with a timeline for charging customers for paper bags.
AMENDMENT FAILED DUE TO LACK OF A SECOND.
Mr. Baum stated the Substitute Motion was still on the table. He stated the
underlying Motion could not be amended because the City Council was still
on the Substitute Motion.
Council Member Kishimoto stated the Substitute Motion was to supplement
the large grocery stores with all retail stores.
Council Member Burt stated his understanding was the Substitute Motion
would remain in effect; in addition there would be an early implementation
of what was essentially the Staff recommendation as stated in the Staff
report.
Mayor Drekmeier inquired if the Substitute Motion meant moving forward
with the Staff recommendation and adding to direct Staff to move faster on
a comprehensive plastic bag ban.
Council Member Burt clarified the Substitute Motion was not just to move
faster, but to cover the following points: 1) Staff to come forward as quickly
as possible with a revised Mitigated Negative Declaration for a
comprehensive plastic bag ban at all retail checkout stores; 2) support an
early implementation of the limited proposal that Staff made; 3) at the time
of implementation of the grocery store ban, Staff to present a fee schedule
for paper bags; and 4) add performance standards.
Mr. Keene stated, if the Substitute Motion passed, Staff would be on track as
proposed in the Staff report, and the public would be noticed that the City
was banning plastic bags at large grocery stores scheduled starting in
September 2009. He indicated concurrently, Staff would begin work on a
revised Negative Declaration that would result in a ban that would expand to
all plastic bags in retail stores.
23 03/16/09
Vice Mayor Morton stated his concern dealt with the Mitigated Negative
Declaration. He stated his Motion was to pass the Mitigated Negative
Declaration first to protect the existing Mitigated Negative Declaration and
not to have Staff do it again for a wider scope. He suggested to add the
expansion as a separate Motion.
Mayor Drekmeier requested from Staff how the City Council should proceed
to bring this Motion to a vote.
Mr. Baum stated the Substitute Motion on the table is to approve the
Mitigated Negative Declaration, adopt the Ordinance as described by Staff,
direct Staff to work as rapidly as possible to prepare a full checkout plastic
bag ban at food and all retail, direct Staff to work on a paper bag fee and
bring back no later than the original Ordinance’s start date, and address the
new Ordinance’s Mitigated Negative Declaration and any other
environmental review as necessary. He indicated a second Ordinance would
be written which would cover the paper bag fee.
SUBSTITUTE MOTION WITHDRAWN BY MAKER
SUBSTITUTE MOTION RESTATED: Council Member Burt moved, seconded
by Council Member Espinosa to:
1) Accept Staff’s proposal to approve the Mitigated Negative
Declaration and adopt an Ordinance amending Chapter 5.35 (Retail Sales –
Requirement for Paper Bags) or Title 5 (“Health and Sanitation”) of the Palo
Alto Municipal Code to place a limited prohibition on single-use plastic
checkout bags;
2) Direct Staff to return to Council with a revised CEQA review
document for a comprehensive single-use plastic checkout bag ban at all
retail establishments, including single-use plastic checkout bags provided by
food vendors;
3) Direct Staff to return to Council with a proposal and supporting
nexus study for a paper bag fee by Sept. 18, 2009;
4) Direct Staff to return to Council with a clear survey of the results,
including performance measures, of the comprehensive prohibition on
single-use plastic checkout bags at all retail establishments.
Council Member Barton appreciated the end goal; however, he stated the
process was problematic.
Council Member Kishimoto inquired if the Motion was for a paper bag fee
proposal and a proposal for a complete ban of checkout plastic bags in all
retail stores.
24 03/16/09
Council Member Morton stated yes.
SUBSTITUTE MOTION PASSED: 7-1 Barton no, Klein absent
14A. (Former No. 16.) Human Relations Commission and Policy and
Services Committee Recommendation to Adopt the Ordinance
Amending Section 9.72.070 of Chapter 9.72 [Mandatory Response to
Request for Discussion of Disputes Between Landlord and Tenants] of
Title 9 of the Palo Alto Municipal Code to Void Rent Increases Given
Without Notice of the Right to Mediation.
Human Services Division Manager, Kathy Espinoza-Howard presented the
Staff report. She stated the current Ordinance requires landlords to include
a statement on the lease, or any other document that changes the terms of
the tenancy, to include a statement that the Palo Alto Municipal Code gives
the tenant the right to mediation of dispute between landlords and tenants.
The tenant must request mediation within 21 days of learning about the
facts that created the dispute by contacting the City of Palo Alto Facilitation
Administration. The Palo Alto Municipal Code protects the tenant from
retaliation for exercising the right to mediation. She stated it has been the
experience of the Human Relations Commission (HRC) that the Ordinance is
not being used as frequently as in neighboring cities. Staff believed
amending the Ordinance to add a penalty avoiding rent increases when this
statement does not appear on documents will help increase the use of the
Mediation Services.
Shauna Mora, Human Relations Commission Member, stated the amendment
to the Mandatory Response Ordinance would assist landlords meet their
required obligations to tenant rights. She provided a brief history on the
Ordinance. She believed the amendment to the Mandatory Response
Program would help landlords be more compliant and would educate tenants
in the City of Palo Alto of their rights and options.
Council Member Espinosa stated the idea was to inform landlords of their
responsibility to inform tenants of their right to Mediation Services, and to
enforce repercussions if this action was not fulfilled.
Leon Leong, 138 Byron Street, attended a Policy and Services Committee
Meeting in July 2008. He had concerns with the Ordinance and the
discussion amongst the Committee Members. He felt requiring landlords
with only one rental to apply to the City was a burden and created
administration costs to the City. He felt the registration process should be
changed and landlords with two or more rental units should only be required
to register with the City.
25 03/16/09
Martin Eichner, Director Dispute Resolution Programs for Project Sentinel,
430 Sherman #308, stated he took part in the lengthy discussions with City
Staff, apartment owners, and community members that helped form this
Ordinance. He explained why all landlords are required to register with the
City, even though only landlords with two or more units are subject to the
Mediation Program. He stated it was essential for the City to create a
database of landlords in Palo Alto. He stated Project Sentinel has not seen a
lease agreement showing the City’s policy on the Mediation Program in any
open cases, except for two non-profit housing corporations. He stated the
Ordinance, as amended, has shown success rates in neighboring cities.
Ms. Espinoza-Howard stated Staff was asked to look at the possible conflict
of this section in the Ordinance. She stated Section 9.72.030 states tenants
of two or more rentals are required to participate in the Mandatory Mediation
Program. Section 9.72.050 is specific to registration and states all landlords
need to register with the City. The intent of the Ordinance is for the City to
create a database of landlords within the City.
MOTION: Vice Mayor Morton moved, seconded by Council Member Barton
to approve Staff recommendations to adopt the Ordinance amending Section
9.72.070 of the Palo Alto Municipal Code (PAMC) Chapter 9.72 (Mandatory
Response to Request for Discussion of Disputes between Landlords and
Tenants) of Title 9 of the Palo Alto Municipal Code to void increases in rents
when a rental agreement, lease or other written document that changes the
term of tenancy for a residential rental property is not accompanied by the
notice required by Section 9.72.070 of a tenant’s rights to mediation
services.
Vice Mayor Morton stated this Amended Ordinance would ensure the
notification statement be added to the lease document.
Council Member Schmid asked if the landlord registration list, imposed in
2001, was accurate and kept up-to-date.
Ms. Espinoza-Howard stated the list of landlords is accurate and kept up-to-
date; however, she indicated only 250 landlords have registered. She stated
this Ordinance should help achieve more registrations, and would be used to
advise landlords of their new responsibilities. She stated more extensive
outreach will be done. She stated the estimated number of landlords in Palo
Alto is around 6,000.
Council Member Schmid indicated a critical issue was how the City would
reach out to the community to get landlords to register.
26 03/16/09
Ms. Espinoza-Howard stated within the Staff report, an extensive
communication plan was referenced. She stated the plan would be executed
within 60 days of passage of the Amended Ordinance.
Council Member Schmid inquired on the relationship between registering and
the Business License Tax.
Ms. Espinoza-Howard stated part of the proposed Business License Tax
includes a Landlord Tax, which would include a landlord owning one or more
rentals.
Council Member Kishimoto inquired if the Business License Tax and Landlord
Tax is one in the same.
Ms. Espinoza-Howard stated yes.
MOTION PASSED: 8-0 Klein absent
Council Member Barton advised that he would not be participating in Agenda
Item Numbers 15A and 15B as his residence is on Charleston Road.
Mayor Drekmeier advised that Agenda Item Numbers 15A and 15B would be
heard together, and Motions would be taken separately.
15A. Approval of a Mitigated Negative Declaration and Architectural Review
for a 35-Unit, 100% Affordable Housing Project, Adoption of
an Ordinance Amending Section 18.08.040 of the Palo Alto Municipal
Code (The Zoning Map) to Change the Classification of Property
Located at 488 West Charleston Road from PC Planned Community (PC
2565) to PC Planned Community _____, and Approval of Record of
Land Use Action.
15B. Approval of a Loan Agreement with Tree House Apartments, L.P. to
Provide an Acquisition Loan in the Amount of $2,838,577 from the
Residential Housing Fund and Community Development Block Grant
(CDBG) Funds for the Development of a 35-Unit Affordable Housing
Project at 488 West Charleston Road.
Interim Director of Planning and Community Environment, Curtis Williams
stated the Affordable Housing Project (Project) combines innovative design
and tree protection and new homes for individuals eligible for extremely-low
and very-low affordable housing. He stated the two actions presented this
evening include planned community zoning and the approval of the related
Loan Agreement and funding for the Project. The City Council was shown a
preliminary version of agreement in September 2008. He indicated the
changes that have been made to the agreement have been approved by the
27 03/16/09
Architectural Review Board. The Project funding includes the $300,000 the
City Council shifted in CDBG funds at a prior meeting to help defray
predevelopment expenses.
Candace Gonzales, Executive Director to the Palo Alto Housing Corporation,
provided a brief history on the Palo Alto Housing Corporation and their
mission. She stated Tree House Apartments would provide 35 new homes
for extremely-low and very-low income households. She indicated the
development would help the City meet its ABAG requirements.
Michael Pyatok, 1611 Telegraph Avenue, representing the Palo Alto Housing
Corporation provided a brief review of the Project and spoke on the changes
made. The building is positioned to save 13 of the heritage trees on the
site. He stated the parking lot would be in the same location as it is
presently. He overviewed the design of the building and its proximity to
surrounding buildings. He stated the Palo Alto Housing Corporation took into
consideration neighbors’ concerns in the design phase. He stated there
would be a variety of Social Services on site to support the residents’ needs.
Lee Lippert, Planning & Transportation Commission Member, stated State
Government Code 65915 allows for affordable housing to have a reduction to
the existing development regulations. He indicated the two proposed
Planned Community exemptions the applicant is requesting are a reduction
in parking and a reduction in private open-space. He stated the
development is near public transportation and bicycle parking was proposed
to create a green community.
Council Member Kishimoto inquired if the applicant would provide an eco-
pass to the new residents of the proposed Project.
Georgina Mascarenhas, 725 Alma Street stated this was something the
applicant would consider; however, based on prior experience it does not
guarantee residents would use the pass appropriately.
Council Member Kishimoto requested Staff to respond to the applicant’s
answer regarding considering eco-passes.
Mr. Williams offered options the City could impose on the applicant to supply
eco-passes.
Council Member Kishimoto inquired on a car share program, parking space
for the car share program, and the theory of residents willing to share a car
rather than to maintain a personal car.
28 03/16/09
Mr. Williams stated the City could outline in the condition that the applicant
is required to do one option in regard to alternative transportation. This
would allow the applicant flexibility.
Council Member Burt inquired if, within the program, there was a parking
reduction within the Transportation Demand Management (TDM) Program.
Mr. Williams stated a parking reduction was allowed and should be tied in
within the TDM Program.
Council Member Burt inquired on the impact on the school system.
Mr. Williams understood the studio apartments are limited to one person per
household. He was unsure on the one bedroom that was within the Project.
Council Member Burt stated based on the size of the units it was reasonable
for one person per unit. He expressed his support of the eco-pass to be
incorporated within the Motion.
Council Member Schmid expressed his concerns, as follows: 1) the lack of
parking; 2) few options for the development of stores, restaurants, and
activities within the neighborhood; and 3) it was pedestrian unfriendly. He
inquired how the residents would integrate within the community considering
his issues. He stated his concern of creating a Project that does not allow
underprivileged people social lives or advantages. He stated comparable
housing projects are centered around downtown where the tenants need for
a vehicle is lessened.
Mr. Williams stated there are other sites within the City that are comparable.
He indicated that many residents living within these units will not be able to
afford a car and the parking ratio to units is appropriately distributed. He
stated the tenants with limited means of transportation will use bus services.
Council Member Schmid stated the income level for the tenants living within
this Project will be between $30,000 and $42,000 annually. He stated that
amount is comparable to young students. He indicated younger people
within this income bracket purchase older cars as a means of transportation.
He inquired if there was a distinction between the tenants of this Project and
younger people earning the same amount of income. He inquired if overflow
parking within other projects has posed a nuisance to the neighboring area
because of the lack of sufficient parking.
Mr. Williams stated the scenarios in regards to the surrounding
neighborhoods are different between this Project and other low income
projects. He stated the circumstances of the tenants who would qualify for
housing within the Project are not expected to possess their own vehicles.
29 03/16/09
Council Member Schmid requested the applicant to speak because the
economic bracket these individuals fit into does not indicate they would not
want to be mobile.
Eric Keller, representing Palo Alto Housing Corporation, spoke to the parking
issues raised. He stated the majority of the units will be housed by
individuals within the very-low income bracket. It was his belief that parking
would not be an issue within the Project and a contingency plan had been
created. He stated there will be fewer people that own cars in this Project
and the bus system is within a few minutes of the Project.
Council Member Schmid inquired on the City’s ability to rent space near the
Project as overflow parking and monitor the use of the overflow parking
area.
Mr. Williams stated the City has not considered this proposal.
Council Member Schmid stated it would lessen parking impacts on the
neighborhood before a problem presents itself.
Mr. Williams understood the concern and believed the Project had sufficient
parking as outlined in the Project’s plans.
Council Member Yeh inquired on Phase Two of the Charleston/Arastradero
Corridor Plan. He inquired if the proposed single lane would approach this
area.
Mr. Williams stated this section was part of Phase One, and Phase Two would
be on the other side of El Camino Real and Arastradero Road.
Council Member Yeh stated Charleston Avenue and Arastradero Road contain
bicycle corridors. He inquired on the plans for egress for the students that
travel this path on their bicycles.
Mr. Williams stated the proposed driveway for the Project is in an
appropriate location. It was his belief the level of traffic would not
contribute to conflicts at the driveway.
Council Member Yeh stated the line of sight for bicyclists could be potentially
blocked. He inquired on safety measures that could be implemented to
ensure this site has a safe crossing.
Mr. Williams stated a sign could be placed in the area to indicate bicycle
crossing.
30 03/16/09
Council Member Yeh stated bicyclists are forced onto the sidewalk near
Charleston Avenue. He stated preserving the heritage trees and the current
use of the sidewalk from bicycles could potentially create a dangerous
situation.
Mr. Williams stated he would have City engineers look at incorporating
safety measures in regards to signage for bicyclists.
Council Member Yeh stated in the event there was overflow parking, where
would overflow parking potentially exist.
Mr. Williams stated there are two landscape reserve spaces that could be
built out if there is a parking issue.
Council Member Yeh inquired what would trigger the buildout of the reserve
parking spaces.
Mr. Williams stated if Staff heard about a problem with overflow parking,
Staff would go back to the developer and require them to build out the two
spaces. He stated there was no other specific plan for overflow parking,
which was the case for similar projects.
Council Member Yeh inquired if overflow parking complaints would come
from residents or neighbors of the Project.
Mr. Williams stated complaints would potentially come from either source.
He stated parking would be monitored by Staff and potentially heritage trees
may need to be removed in order to build upon the parking lot.
Council Member Yeh inquired on the potential subsidy cost the City pays for
affordable housing units. He inquired on how typical the Project’s funding
structure was.
Mr. Williams stated the funding structure is fairly typical. He stated there
may be ten to twelve different funding sources for the construction of a low
income housing project.
Council Member Yeh inquired on the cost to the City of Palo Alto for this
Project.
Mr. Williams stated $2.8 million. He stated the cost comes from Community
Development Block Grant funds and was not General Fund or Housing
Funds.
31 03/16/09
Council Member Yeh stated this Project may give notice to future
consideration of other affordable housing projects. He inquired if this Project
is a typical per unit cost subsidy to the City.
Mr. Williams stated there is a range of $50,000-$100,000 per housing unit.
He stated this project was in the higher end.
Vice Mayor Morton stated if eco-passes were decided upon, his concern was
that the eco-passes would be sold. He inquired if the eco-passes could be
distributed in a way to ensure their proper use.
Mr. Williams stated the City could work with the Palo Alto Housing
Corporation.
Vice Mayor Morton stated if the City made it a legal requirement that all
tenants receive an eco-pass, the City may be subsidizing inappropriate
behavior.
Council Member Kishimoto stated the Project area is problematic in terms of
isolation and pedestrian safety.
Public Hearing opened at 12:07 a.m.
Joaquin Pedrin, 1040 Sunset Drive, San Carlos representing the Greenbelt
Alliance stated the organization protects Bay Area open space by promoting
affordable transit accessible communities. He applauded this affordable
housing project because it promotes centrally located housing and for its
environmental sensibility. He indicated the minimized parking makes sense
for this Project.
Steven Van Zant, 262 Whitclem, spoke on the inadequate bus system in the
area of the proposed Project Area.
S. Patel, 4173 El Camino Real #6 spoke on her concern regarding commute
hour traffic.
Yvonne Lenbergs, 4173 El Camino Real, requested the City Council stop
development until the Project is better thought through in regards to the
issues addressed this evening. She spoke on her concern about gridlock in
the area and parking.
Phyllis Cassel, 621 Wellsbury Way, spoke in regards to a letter the PT&C
sent to the City Council. She stated the League of Woman Voters of Palo
Alto believe the Project will meet a need of low-income residents in the
community.
32 03/16/09
Herb Borock, P.O. Box 632, stated the Project violates the California
Environmental Quality Act. He stated the plan does not contain a
Developmental Schedule in the proposed Ordinance. It was his belief the
tables within the Staff report were misleading.
Wei Wun, 4211I Rickey Way, spoke on the negative aspects of the area of
the proposed site.
Public Hearing closed at 12:25 a.m.
MOTION for Agenda Item No. 15A: Vice Mayor Morton moved, seconded
by Council Member Kishimoto to approve Staff, Architectural Review Board,
and the Planning and Transportation Commission recommendation to: 1)
Approve the proposed Mitigated Negative Declaration/Environmental
Assessment, in accordance with the California Environmental Quality Act
(CEQA) and the National Environmental Policy Act (NEPA); 2) Adopt the
proposed Ordinance to change the zoning classification of 488 W. Charleston
from Planned Community (PC-2565) to a new PC zone for a 35-unit, 100
percent affordable housing development; and 3) Approve the Record of Land
Use action documenting Architectural Review Board findings and conditions
of approval.
AMENDMENT: Council Member Kishimoto moved, seconded by Council
Member XXXX to add a requirement for an Eco-Pass for residents.
Vice Mayor Morton stated the eco-pass would only be available to the
residents that would use the pass.
AMENDMENT FAILED FOR LACK OF SECOND
Council Member Kishimoto stated her intention is to offer the eco-pass to all
residents within the Project.
Vice Mayor Morton stated this would impose another fiscal impact on the
developer.
MOTION WITHDRAWN BY THE MAKER.
City Attorney, Baum stated the Motion needed five votes in order to pass.
MOTION: Council Member Kishimoto moved, seconded by Council Member
Espinosa to move Staff recommendation to: 1) Approve the proposed
Mitigated Negative Declaration/Environmental Assessment, in accordance
with the California Environmental Quality Act (CEQA) and the National
Environmental Policy Act (NEPA); 2) Adopt the proposed Ordinance to
change the zoning classification of 488 W. Charleston from Planned
Community (PC-2565) to a new PC zone for a 35-unit, 100 percent
affordable housing development; and 3) Approve the Record of Land Use
33 03/16/09
action documenting Architectural Review Board findings and conditions of
approval, and 4) Add a requirement for an Eco-pass for residents.
Vice Mayor Morton left the meeting at 12:30 a.m.
Council Member Espinosa spoke on the concern of traffic and parking in the
area and the potential impact on the community. He discouraged adding an
expense to the developer to raise money for the eco-pass; further stating
the City Council should take responsibility on these types of lifestyle changes
that the City Council hopes to see in the community.
Council Member Burt stated the eco-pass is an essential element for these
projects in the future to lessen the impact on the neighbors and the
environment.
Council Member Schmid stated in order for the Project to be successful an
area plan should be considered.
AMENDMENT: Council Member Schmid moved, seconded by Council
Member XXXX to have Staff work on an area plan dealing with South El
Camino Real and Charleston Avenue in terms of answering a question on
how to build a neighborhood.
AMENDMENT FAILED FOR LACK OF A SECOND.
SUBSTITUTE MOTION: Council Member Yeh moved, seconded by Council
Member Schmid to approve Staff recommendation to: 1) Approve the
proposed Mitigated Negative Declaration/Environmental Assessment, in
accordance with the California Environmental Quality Act (CEQA) and the
National Environmental Policy Act (NEPA), 2) Adopt the proposed Ordinance
to change the zoning classification of 488 W. Charleston from Planned
Community (PC-2565) to a new PC zone for a 35-unit, 100 percent
affordable housing development, 3) Approve the Record of Land Use action
documenting Architectural Review Board findings and conditions of approval,
4) Add the requirement for Eco-pass for residents, and 5) Direct Staff to
agendize a discussion of an area plan for South El Camino Real and
Charleston Avenue.
Council Member Yeh inquired on Staff plans for the area.
Mr. Williams stated there was not an area plan scheduled. He indicated the
Community Plan (Comp Plan) instructs Staff to look into areas of commercial
services and community facilities.
Council Member Kishimoto recalled in the existing Comp Plan an area plan
was scheduled on El Camino Way.
34 03/16/09
Mr. Williams stated yes.
Council Member Kishimoto inquired if this was done.
Mr. Williams stated no. He indicated it was not budgeted for.
Council Member Kishimoto requested that the issue be relooked at, and
brought back to the City Council for consideration.
Mr. Williams stated yes.
Council Member Espinosa agreed with the concept; however stated an area
plan should not be added to the Substitute Motion.
SUBSTITUTE MOTION PASSED: 5-1 Espinosa no, Barton not participating,
Klein, Morton absent
MOTION for Agenda Item No. 15B: Council Member Burt moved,
seconded by Council Member Schmid to accept Staff recommendations to;
1) Authorize the City Manager to execute the Loan Agreement(with attached
promissory notes, deed of trust, and security agreement)with Tree House
Apartments, L.P. to prove a loan of $2,838,577, and 2) Authorize the City
Manager to execute all other documents required to implement the
Agreements, including escrow instructions and to approve all necessary
subordination agreements and direct the City Manager to administer the
provisions of the Agreements.
MOTION PASSED: 6-0 Barton not participating, Klein, Morton absent
REPORTS OF OFFICIALS
16. Human Relations Commission and Policy and Services Committee
Recommendation to Adopt the Ordinance Amending Section
9.72.070 of Chapter 9.72 [Mandatory Response to Request for
Discussion of Disputes Between Landlord and Tenants] of Title
9 of the Palo Alto Municipal Code to Void Rent Increases Given
Without Notice of the Right to Mediation.
17. Approval of a Sister City Alliance Agreement Between the City of
Tsuchiura City, Japan and the City of Palo Alto.
35 03/16/09
18. Human Relations Commission Recommendation to the Council that
June 21st Should be Established as World Music Day in Palo Alto and
Applicable General Fund Fees Should be Waived.
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
None
CLOSED SESSION
CONFERENCE WITH CITY ATTORNEY – Anticipated Litigation
19. Subject: Initiation of amicus curiae litigation in the matter of Town of
Atherton, a Municipal Corporation, Planning and Conservation League,
a California nonprofit corporation, City of Menlo Park, a Municipal
corporation, Transportation Solutions Defense and Education Fund, a
California nonprofit corporation, California Rail Foundation, a California
nonprofit corporation, and Bayrail Alliance, a California nonprofit
corporation, and other similarly situated entities, v. California High
Speed Rail Authority, a public entity, Sacramento County Superior
Court, Case No.: 34-2008-80000022.
Authority: Government Code Section 54956.9(c)
Vice Mayor Morton returned to the Council meeting at 12:41 a.m.
Mary Brodbeck, 2383 South Court stated she was in the process of reaching
out to the public to create a coalition of citizens to have a voice. She was in
favor of filing a brief in support of the lawsuit.
Elizabeth Alexis, 349 Diablo Court spoke on a number of items for the City
Council to consider when deciding to file the brief.
Jody Davidson spoke in support of filing the amicus curiae because of
environmental concerns.
Herb Borock, P.O. Box 632 indicated there should be no Closed Session
before the City created the Public Report that was directed of Staff by the
City Council. He indicated his confusion on what side the City was on.
Sara Armstrong, 4118 Park read a letter from the High Speed Rail Authority
on the confusion of Scoping Meetings held in Palo Alto.
Council adjourned to closed session at 12:52 a.m.
Vice Mayor Morton left the meeting at 1:15 a.m.
36 03/16/09
City Attorney Gary Baum advised there was no reportable action.
ADJOURNMENT: The meeting adjourned at 1:25 a.m.
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto
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