HomeMy WebLinkAbout2003-12-01 City Council Summary Minutes
12/01/03 97-93
Special Meeting
December 1, 2003
1. Interview of Candidate to the Architectural Review Board................94
ADJOURNMENT: The meeting adjourned at 6:00 p.m..........................94
1. Study Session re Utilities Risk Management ..................................95
ADJOURNMENT: The meeting adjourned at 6:50 p.m..........................95
ORAL COMMUNICATIONS................................................................96
1. Resolution 8373 entitled “Resolution of the Council of the City of
Palo Alto Expressing Appreciation to Clark Akatiff .........................96
2. Appointment of Candidates to the Architectural Review Board........97
APPROVAL OF MINUTES..................................................................97
3. Amendment to the Sand Hill Road Development Agreement...........98
4. Contract Between the City of Palo Alto and Kuehne Construction in
the Amount of $111,800...........................................................98
5. Change Order No. 1 to Contract No. C3141079 with Northwest ..98
6. Public Hearing - The City Council will consider awarding a lease to
Cingular Wireless.....................................................................98
*7. Public Hearing - The City Council will consider an appeal by Joy
Ogawa ...................................................................................100
8. Colleagues Memo from Vice Mayor Beecham and Council Members 110
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS ................111
ADJOURNMENT: The meeting adjourned at 9:45 p.m..........................112
12/01/03 97-94
The City Council of the City of Palo Alto met on this date in the Council
Conference Room at 5:45 p.m.
PRESENT: Beecham, Burch, Kishimoto, Kleinberg, Mossar, Ojakian
ABSENT: Freeman, Lytle, Morton
SPECIAL MEETING
1. Interview of Candidate to the Architectural Review Board
No action required.
ADJOURNMENT: The meeting adjourned at 6:00 p.m.
12/01/03 97-95
Special Meeting
December 1, 2003
The City Council of the City of Palo Alto met on this date in the Council
Conference Room at 6:00 p.m.
PRESENT: Beecham, Burch, Freeman (arrived 6:15 p.m.), Kishimoto,
Kleinberg, Lytle, Morton, Mossar, Ojakian
ABSENT: Lytle, Morton
SPECIAL MEETING
1. Study Session re Utilities Risk Management
No action required.
ADJOURNMENT: The meeting adjourned at 6:50 p.m.
12/01/03 97-96
Regular Meeting
December 1, 2003
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:00 p.m.
PRESENT: Beecham, Burch, Freeman, Kishimoto, Kleinberg, Lytle,
Mossar, Ojakian
ABSENT: Morton
ORAL COMMUNICATIONS
Steven Fram, 614 Everett, spoke regarding traffic calming in Downtown
North.
Sarah Freedman spoke regarding traffic.
Robert Freedman spoke regarding traffic calming.
Mike Liveright, 260 Byron Street, spoke regarding Downtown traffic
calming.
Sally Ann-Rudd, 204 Cowper Street, spoke regarding traffic calming.
Tricia Dolkas, 412 Everett Street, spoke regarding Downtown North
traffic calming.
SPECIAL ORDERS OF THE DAY
1. Resolution 8373 entitled “Resolution of the Council of the City of
Palo Alto Expressing Appreciation to Clark Akatiff Upon His
Retirement”
MOTION: Council Member Kleinberg moved, seconded by Burch, to
approve the Resolution of Appreciation to Clark Akatiff Upon His
Retirement.
Director of Public Works Glenn Roberts acknowledged Clark Akatiff for
20 years of service as a Public Works employee with the past 11 years
as Landfill Supervisor. He described him as a “True Renaissance Man”
with a background ranging from university professor in geography,
archeologist in Indian burial grounds, carpenter, registered minister,
12/01/03 97-97
musician and a poet. Clark’s contribution to the development of Palo
Alto’s Compost Program brought $100,000 in revenues and initiated
the free give-away compost to Palo Alto residents.
Cliff Akatiff spoke of his appreciation for being a City employee. As a
Palo Alto resident, he addressed three issues that faced the City
Council: traffic calming, waste management, and recycling facilities,
and restoration of the Juana Briones Property. He said the street
calming program caused excessive traffic on arterial roadways that
remained opened Currently there were no approved plans for
succession of waste disposal and recycling. With the anticipated
closure of the landfill Facilities in 2010, Palo Alto would be losing a
valuable resource if waste were to be disposed of in neighboring city
facilities. He spoke of the Juana Briones Property, as an historical
artifact, and asked Council not to allow its destruction.
MOTION PASSED: 8-0, Morton absent.
2. Appointment of Candidates to the Architectural Review Board
(continued from 11/24/03)
Lee I. Lippert, 580 Hawthorne Avenue, thanked the Council for allowing
him to serve on the Architectural Review Board.
Assistant City Clerk Deanna Riding announced that Kenneth Kornberg
(with 6 votes), David Solnick (with 6 votes) and Judith Wasserman
(with 8 votes) were appointed on the first ballot to three, three-year
terms ending September 30, 2006.
APPROVAL OF MINUTES
MOTION: Council Member Burch moved, seconded by Kleinberg, to
approve the minutes of October 20, 2003, as submitted.
MOTION PASSED 8-0, Morton absent.
CONSENT CALENDAR
Council Member Mossar stated she would not participate in Item No. 3
due to a conflict of interest because her husband was employed by
Stanford University.
MOTION: Council Member Burch moved, seconded by Beecham, to
12/01/03 97-98
approve Consent Calendar Items 3-5.
ADMINISTRATIVE
3. Amendment to the Sand Hill Road Development Agreement
Regarding Stanford University Special Condition Area B to
Incorporate A Legal Description of the Revised Boundary
Between the Housing Site and the Golf Course
Second Amendment to Development Agreement Between the
City of Palo Alto and the Board of Trustees of the Leland
Stanford Junior University
4. Contract Between the City of Palo Alto and Kuehne Construction
in the Amount of $111,800 for the Baylands Interpretive Center
Built-Up Roof Replacement - Capital Improvement Program
Project PF00006
5. Change Order No. 1 to Contract No. C3141079 with Northwest
Woodland Services, Inc. in an Amount Not to Exceed $12,634 to
Provide Additional Trail Repairs and Improvements at
Arastradero Preserve
MOTION PASSED: 8-0 for Item Nos. 4 and 5, Morton absent.
MOTION PASSED: 7-0 for Item No. 3, Mossar “not participating,”
Morton absent.
PUBLIC HEARINGS
6. Public Hearing - The City Council will consider awarding a lease
to Cingular Wireless, for a portion of the city-owned property
located at 2675 Hanover Street commonly known as the
Mayfield Fire Station. Terms of the lease include a five-year
term with two five-year options to renew and the requirement
that the property be used for the operation of a personal
communications service (PCS) system facility for furnishing
telephone, radio and telecommunications services to the public.
Facilities to be placed on the site consist of antennas mounted
on a fiberglass Tree Pole and associated ground equipment in an
area of approximately 168 square feet
Real Property Manager Bill Fellman introduced the item to Council for
12/01/03 97-99
consideration regarding the lease of Cingular Wireless for a portion of
the City-owned property located at 2675 Hanover Street.
MOTION: Council Member Burch moved, seconded by Kishimoto, to
approve the lease from the City of Palo Alto to Pacific Bell Wireless,
LLC, dba Cingular Wireless, LLC (Cingular Wireless) for the
development and operation of telecommunications facilities at the
Mayfield fire station (Fire Station #1, located at 2675 Hanover Street.)
Council Freeman questioned the sharing of the cell tower with another
company to eliminate the need of additional sites in the area.
Mr. Fellman said the equipment described in staff report (CMR:523:03)
would be placed in a space of approximately 174 square feet. Due to
ground requirements, placement of another site was questionable.
Council Member Freeman asked if the City had any restrictions in place
to prevent the over-population of cell towers in the City.
Mr. Fellman said it would be the fourth tower in the City. Two other
sites were being considered. One was a co-location on an existing fire
flagpole and that sites were restricted only to areas that received weak
signals.
Council Member Freeman asked if it was correct that the City would not
be held responsible for health issues that could occur in the future due
to the placement of the equipment.
Mr. Fellman said that was correct and the lease included an indemnity
clause stating that Cingular Wireless would hold the City harmless.
Council Member Lytle questioned the appearance of the wireless
antenna facility consisting of three pairs of antennas mounted to a 65-
foot high fiberglass tree pole and describing it as a large, artificial,
holiday, pine tree.
Mr. Fellman said the appearance of the tree poles had been improved
considerably in the last 20 years and blended well with the surrounding
trees.
Council Member Lytle asked if there were any of those tree poles in the
community.
12/01/03 97-100
Mr. Fellman said that would be the first on City property.
MOTION PASSED: 8-0, Morton absent.
*7. Public Hearing - The City Council will consider an appeal by Joy
Ogawa of the Director of Planning and Community Environment's
approval of an Architectural Review application requested by Palo
Alto High Street Partners for architectural and design changes to
a previously approved multi-family residential housing project
located at 800 High Street.
*This item was quasi-judicial and subject to Council's Disclosure Policy
Mayor Mossar stated the item was quasi-judicial and read the
disclosure policy. She asked Council to disclose any conversations, site
visits or communications that could have influenced their views or
opinions regarding this item.
Council Member Kishimoto spoke to Carol Jansen that afternoon and
asked about pavement materials for patios.
Mayor Mossar, Vice Mayor Beecham, and Council Members Burch,
Kleinberg, Lytle, and Ojakian stated they had no disclosures.
Council Member Freeman saw an email with the same letter presented
to Council by Joy Ogawa, which had not influenced her.
Planner Steve Turner gave a summary of the contents outlined in staff
report (CMR:530:03).
Joy Ogawa, Appellant, stated her appeal of the project approved by the
Director of Planning and Community Environment after only one review
by the Architectural Review Board (ARB). Staff classified the project as
minor. She said neighbors and interested parties were not notified of
the ARB hearing and major changes had been made to the project after
Council had sent it back to the ARB, which included a change in the
total number of residential units, contributions to the Below Market
Rate (BMR), number and locations of the BMR units, change to the
location of the Public Plaza, revisions to the Homer Avenue streetscape,
and redesign of the roof. On February 3, 2003, the Planning and
Transportation Commission presented Council with a 61-unit version
that had been reviewed. At the same time, the applicant presented a
54-unit version that had not been seen by the public. That version
12/01/03 97-101
provided no significant public benefits. Council approved the 61-unit
version at the first reading of the Ordinance on February 3, 2003, and
on February 18, Council was presented with an Ordinance and plans
that were substantially different from the Ordinance approved at the
first reading. The second reading contained a 60-unit project with 10
BMR units instead of 11, and the locations of BMR units were changed
and clustered on the first three floors of the building. Council Members
were confused as to what was contained in the Ordinance at the second
reading because plans had changed drastically from the first reading.
She noted discrepancies in the plans that had been approved by the
Director, outlined in staff report (CMR:530:03) Attachment C. The
appeal was Council’s last opportunity to assure the final design met
with the ARB approval, the Comprehensive Plan (Comp Plan), and the
requirements of the BMR agreement. She urged the City to improve
the project and to make an effort to meet the historic preservation
goals of the Comp Plan.
Mayor Mossar asked the City Attorney for her interpretation and the
issues to be considered in the appeal.
Interim City Attorney Wynne Furth said the plan was presented to
Council as a Public Community (PC) zone. The plan was reviewed and
Council required additional changes be made as part of the review
process. Based on the instructions in Section 5 of the Ordinance, the
matter went before the ARB for recommendation to the Director. The
changes to the design were the only issues to be considered by Council.
Mayor Mossar asked if it was only the design modification issues
recommended when Council took final action.
Ms. Furth said that was correct and added Council had said the
Director, in consultation with the ARB, would make the final staff level
determination.
Senior Planning Official Lisa Grote clarified that BMR units would be
included on all four floors, as stated in the original BMR agreement and
would remain in any amended agreement.
Doug Ross, Applicant, Palo Alto High Street Partners, 909 Alma Street,,
said the changes approved by the ARB were a function of the Council
approving the project. All design changes recommended by the ARB
were positive. The Director did not agree with the relocation of the
Plaza and, therefore, stayed with the existing plan.
12/01/03 97-102
Bunny Good, P.O. Box 824, Menlo Park, spoke in disagreement of the
800 High Street design. She said the Civic Center building used to be
surrounded with the same type of roof approved in the 800 High Street
project. Two decades prior, it was removed because it was declared an
earthquake hazard. She asked why approval was given to a private
contractor to construct that type of roof in the City.
Angelica Volterra spoke regarding the location of the BMR units and
their size being less than the Market Rate Housing units. She added
the developer’s campaign literature substantially differed from the
approved plans submitted in February 2003. She asked Council to
protect the quality of the BMR units and uphold the BMR agreement
and the Comp Plan.
Mayor Mossar reminded her colleagues and the public that as per the
City Attorney’s advice, no action would be made on the BMRs at that
evening’s Hearing.
Robert Moss, 4010 Orme Street, said the barrel-vaulted roofs in the
proposed project did not comply with the streetscape. He was
disappointed the BMR issue was not being addressed. In 1978, the
Council established a policy stating “BMR units shall be comparable in
all aspects to the Market Rate Housing.”
Tom Jordan, 474 Churchill Avenue, raised a procedural point and felt
Council should not vote at that evening’s Hearing since Council did not
know all of the members in the applicant’s company. The applicant
was a Delaware Limited Liable Company (LLC) and the names of only
two of the eight partners were divulged. He said situations could occur
that could cause a conflict of interest, even if it happened unknowingly,
such as a Council Member or near relative receiving a source of income
of $500 or a gift of $340 or more in the past 12 months, or a $2,000
investment in a company owned by one of the six unknown members.
He urged Council to hold their votes until all member names were
divulged and to evaluate whether voting was permissible.
Sally Probst, 735 Coastland Drive, said the City decided to approve
Ordinance 4779 to build 800 High Street. The design conditions that
had occurred were met, approved by the ARB, City staff, and the
Director of Community Planning. She asked Council to not prolong the
decision process regarding the appeal.
Edie Keating asked Council to evaluate and use every opportunity to
12/01/03 97-103
enhance the proposed Plaza making it beneficial and a service to the
public. She asked that the BMR units be addressed making them
comparable to Market Rate units.
Joy Ogawa, Appellant, asked Council to make sure the BMR units be
located on all four floors, were comparable to other units as required by
the Comp Plan, that final design details met with ARB approval, the
Historic Resources Board (HRB) was given an opportunity to review
project design, and to give the Architectural Review Board (ARB) their
comments. She said it was unfortunate an appeal had to be filed for a
correction to be made.
Doug Ross, Applicant, said he was willing to meet any additional
reviews required by the ARB.
Mayor Mossar announced the public hearing closed and asked staff and
the City Attorney to clarify what topics and issues could legitimately be
accomplished during the meeting.
Ms. Furth clarified the conflict of interest issue addressed by Mr. Jordan
that Council would need to determine whether the applicant was a
source of income or source of gifts. Council knew the applicant was a
corporation and who the managing partners were, but did not know all
of the investors. Council could operate on the assumption the
identified investors were the potential conflicts. Council Members also
knew their sources of income to know that gifts were not received from
possible investors in the organization. If there was not a sufficient
level of certainty, Council Members could ask for the names of
investors who owned more than 10 percent of the corporation.
Mayor Mossar asked if staff wanted to clarify the subject matter of the
appeal and asked if the roofs were part of the appeal.
Director of Planning and Community Environment Steve Emslie said the
roof elements were part of the design changes. He referred to staff
report (CMR:530:03) Attachment F that described items subject to the
appeal. For clarification he referred to the Architectural Review Board
Staff Report, dated March 6, 2003, page 2, Project Revision, items F
through S. Items A through E did not include program changes
because they had been approved as part of the Ordinance and were not
directed to go back to the ARB.
Mayor Mossar clarified the program changes were Council’s actions.
12/01/03 97-104
Mr. Emslie said that was correct.
Council Member Lytle requested clarification on the appealed items
regarding BMR units that were settled on as part of the adopted
Ordinance and voted on by the public.
Ms. Furth said the ARB was in charge of the design of the building but
not for the drafting of the BMR agreement or identifying the BMR units.
Although the information appeared on the plan, design was not within
their purview..
Mr. Emslie said the ARB and review of the PC included the BMR units
when recommendations were made to the Planning and Transportation
Commission (P&TC) and Council. That portion was adopted as part of
the City Ordinance. In the follow-up, the ARB was directed to look at
streetscape enhancements and the compatibility at High Street, Homer
Avenue, and Channing Avenue, which were the edges of the project.
That was the subject of the appeal and the project revision items F
through S in the ARB Staff Report dated March 6, 2003.
Council Member Lytle said the BMR portion may not have been the
ARB’s responsibility but to some extent the design of the building could
not be separated. Interior changes affected the exterior design, such
as enlargement of the units and making them comparable. She asked
for the names of the other corporation members in order to determine
a level of certainty for herself.
Mayor Mossar said the Hearing needed to be reopened in order for the
names to be revealed.
Ms. Furth said the Hearing could not formally be reopened but, if
Council agreed, the applicant could be questioned at that point.
Mr. Ross revealed the names of the individual investors: John Santana,
Robert Simmons, Shaun McClarin, Jack Russo, Peter Nosslier, Ron
Davinoski and Doug Woods.
Council Member Lytle asked why the Ordinance was processed during
the 30-day appeal period. Staff processed the conditions of the
Ordinance approved and later referended but decided not to process
the appeal of the action. She asked the legal reason for going ahead
with the ARB approval but holding off on the appeal.
12/01/03 97-105
Ms. Furth said there was a 30-day waiting period before a passed
Ordinance became law. For example, a building permit would never be
issued reliant of the Ordinance because a building permit was an
entitlement to proceed with the project. But it was not customary in
this City to stop work on a project pending the 30-days because it
served no useful purpose. When a referendum petition was filed, the
project was suspended until voters informed the City on their intent.
Council Member Lytle clarified the ARB proceeded because the
referendum occurred prior to the signatures being filed and after the
ballot qualified for the process to be stopped.
Ms. Furth said that was correct.
Council Member Burch asked what it meant by making BMR units
comparable. He was specifically interested in size.
Ms. Grote said size, materials, and location were factors that needed to
be considered. Several BMR agreements had been approved where
the units were smaller than the Market Rate Units and located on the
smaller side of the project. It did not mean they had to be exactly the
same size but, in looking at the overall size, the units should be
comparable.
Council Member Kishimoto asked if there was a BMR agreement in
place at the current time.
Mr. Emslie said there was and it would be amended to add BMR units to
the fourth floor.
Council Member Kishimoto asked whether the amendment would
change the design of the building or if units would be converted to BMR
units.
Mr. Emslie said current units would be converted to BMR units.
Council Member Kishimoto said the previous draft of the BMR
agreement, which included 54 BMR units, indicated units would be
designated on the plans approved by the City Council and the adopted
PC Ordinance. She asked whether it would create any confusion
regarding what already had been approved.
Mr. Emslie did not think so. He said the BMR agreement consisted of
12/01/03 97-106
two parts. The formal agreement was referenced in the Ordinance as
well as the letter from staff to the applicant making it clear that BMR
units would be required on the fourth floor.
Ms. Furth said the final agreement prepared by staff would be recorded
against the property making sure it complied with Council’s direction,
and the Ordinance included that BMR units would be on all four floors.
Council Member Kishimoto addressed the appellant’s question
regarding the Director signing off on a document (revisions) prior to its
going back to the ARB. She said the motion in the ARB minutes
indicated for revisions to return on the Consent Calendar for approval.
Mr. Emslie clarified the ARB was advisory to staff, the Planning
Commission, and the City Council, and was not an approving body to
make any changes. They requested certain considerations be made to
implement changes and asked the applicant to engage in several
studies; solar shadows, Plaza improvements, and to view the William
White videotape, which they did. The considerations were submitted to
staff and were not direct changes to the plan.
Council Member Kishimoto asked if Council had approved the reduction
in retail space.
Ms. Grote said it was a program change that resulted from increasing
the Plaza size. No specific size was discussed. That was in the overall
scope reviewed by Council.
Ms. Furth said it was a redesign element before Council, which could be
changed.
Council Member Kishimoto referred to the topic raised by Council
Member Freeman regarding the review of design, details, and changes
that did not significantly alter the look of the building and questioned if
it would be considered as a minor project. She said she did not
consider the changes on Homer Avenue as minor and asked if it
required a Council decision.
Mr. Emslie said staff characterized it as minor because it focused
discussion on definite changes directed in the Ordinance to the ARB. It
was not meant to characterize the project as minor. Both minor and
major ARB recommendations to the Director had the same appeal
process and jurisdiction at Council level.
12/01/03 97-107
Council Member Freeman said the question of process was not whether
the Council decided on major or minor changes but, if changes were
major, was the public noticed properly.
Ms. Furth asked if the public received the necessary due process and
the answer was yes. Notice for the hearing corrected errors that might
have occurred in the primary hearing.
Council Member Freeman asked if a public member paid $100 to
include a process issue needing correction, would the process be
corrected the next time it was brought before a board.
Ms. Furth said yes. The Council could request it be referred back to the
ARB for further advice to the Director if they believed there was not an
adequate opportunity to be heard.
Council Member Freeman questioned if someone submitted a legal
appeal stating there was a violation due to lack of notice to neighbors,
could the violation be corrected at the next public hearing and ignore
the appeal paid for by a member of the public.
Ms. Furth said there was a “harmless error” concept in law, which
assumes that mistakes will be made whether it involved staff, City,
State, Commission or Court.
Council Member Kleinberg asked if staff had made a mistake.
Ms. Furth said no.
Council Member Freeman asked the records show that staff did not
make a mistake on lack of notice to neighbors. She said her
understanding was the violation of the BMR agreement was not to be
discussed at that evening’s meeting. She asked when the request for
the appeal was made and the payment submitted, was the appellant
informed that two-thirds of her appeal was ineligible for an appeal.
Mr. Emslie said it was not the practice to respond to appeals. The
prepared reports were sent to all interested parties, including the
appellant.
Council Member Freeman said the City Manager’s Report (CMR) to the
ARB had program revisions, which included the BMR units and no
indication it was separated. She said the verbatim minutes of the ARB
12/01/03 97-108
Hearing of March 6, 2003, included a discussion between Commissioner
Wasserman and Architect Jon Warden regarding BMRs. The minutes
did not indicate that BMRs could not be discussed as part of the appeal
or that BMRs should not be discussed by the ARB. She asked at what
point the notion was arrived at that BMR’s could not be discussed by
Council.
Mr. Emslie said the decision was limited to specific design changes
directed by Council, and the Ordinance that included building design as
it related to the streets. Discussion on BMR’s in consideration with that
was part of the record. But the decision related back to the
fundamental direction given in the Ordinance.
Council Member Freeman asked what the Plaza was supposed to look
like at the proposed location at High Street and Homer Avenue. She
asked for clarification as to what Council was supposed to approve
regarding the Plaza.
Mr. Emslie said the Plaza measured 1140 square feet and was located
on the corner with maximum visibility and public access from the street
with urban design, as opposed to the Plaza being in between buildings.
Council Member Freeman referred to the motion made at the ARB
Hearing where the Director made the final decision on the design
unless Council made changes at that evening’s meeting.
Mr. Emslie said that was correct.
Council Member Freeman said because of the design and location of the
proposed Plaza, the park should be addressed as a pocket park rather
than as one on the corner. That would better comply with the Comp
Plan goals of having the major buildings on the corners.
Council Member Ojakian said he recalled directing staff to look at the
project with the corner having the open space.
Mr. Emslie said his recollection was specifically to move the Plaza from
the interior to the exterior for the purpose of having it more as a public
area rather than a courtyard setting to serve the retail.
MOTION: Council Member Ojakian moved, seconded by Burch, to deny
the appeal and uphold the Director’s decision of March 11, 2003, to
approve design changes the applicant was required to make as part of
12/01/03 97-109
the Council’s decision to adopt an ordinance for a Planned Community
(PC) zone change. Further, to approve materials submitted by the
applicant to satisfy the conditions of the Director’s approval of March
11, 2003, as described in the staff report (CMR: 530:03).
INCORPORATED IN THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to approve the Record of Palo Alto Land Use
Action for 800 High Street in Attachment A (CMR:530:03), and to add
one line of text in Section 5 to state the Director of Planning and
Community Environment will consult with the Architectural Review
Board (ARB) on final plans prior to his approval, as provided for in
Section 7 of Ordinance No. 4779.
Council Member Ojakian said the public was in favor of going forward
with the project. The Council gave directions and requested that the
ARB review and approve the revisions. The Director of Planning and
Community Environment also made his decisions based on Council’s
direction. He was in agreement with the project that was submitted by
the Director and that was the reason for his making the motion. He
supported his motion stating the public was in favor of going forward
with the project. When the project began there were certain directions
given by Council. Those directions went before the ARB for review and
were approved. The Planning Director also made decisions based on
Council’s direction and returned with a project he felt Council should
approve. He was in agreement with the Director and that was the basis
for his motion.
Council Member Kleinberg expressed concern about the barrel roofs.
Commissioner Wasserman said there was a profile study of the roofline
against the sky, which would be reviewed again.
Council Member Kleinberg supported the motion. She was pleased the
conflict of interest issue was raised and said it was critical to have the
assurance for the public’s security She asked that all terms concerning
the BMR issues be clarified, as well as major or minor project changes
so neighbors could be given proper notice.
Council Member Lytle supported the motion and said excellent dialogue
on the project occurred during the election.
Council Member Freeman asked if the project would be returning to the
ARB again.
12/01/03 97-110
Mr. Emslie said the ARB would be consulted regarding the materials
and the roof profile.
Council Member Freeman asked whether the discussion would include
the Plaza.
Mr. Emslie said the applicant showed their study to enlarge the Plaza.
The results were to relocate the elevator shaft to the middle of the
Plaza, which defeated the objective to make the Plaza visible and
accessible from the street. The original design was superior to the
study design.
Council Member Freeman asked about the stairs from the parking
garage directly accessing the Plaza.
Mr. Emslie said the elevator shaft included the stairs. The results
prevented the public’s access and created a visible barrier. The ARB’s
recommended design for approval met the intent of that condition.
Council Member Freeman did not support the motion. She said it was
not because the people voted for the project but because there were
design issues that were not addressed to her satisfaction.
Council Member Kishimoto did not support the motion because she was
not in agreement with the design changes. She was against the
reduction of the retail spaces and the streetscape design.
MOTION PASSED 6-2, Freeman, Kishimoto, “no,” Morton absent.
COUNCIL MATTERS
8. Colleagues Memo from Vice Mayor Beecham and Council
Members Kishimoto, Kleinberg, and Ojakian regarding renaming
the Arastradero Preserve
Council Member Kishimoto introduced the Colleagues memo and gave a
summary of the content the memo.
MOTION: Council Member Kishimoto moved, seconded by Kleinberg,
to suggest renaming the Arastradero Preserve after Enid Pearson and
to recommend the nomination be forwarded to the Palo Alto Historical
Association (PAHA) directly to consider whether renaming the
Arastradero Preserve after Enid Pearson is appropriate, and the PAHA
12/01/03 97-111
recommendation would then come back to the full Council for
consideration.
Karen Homan, 725 Homer Street, was in support of the motion and
acknowledged Enid Pearson for all her hard work, dedication and
leadership.
Bunny Good, P.O. Box 824, Menlo Park, asked that the Hispanic-
heritage name, Arastradero, not be abolished but to erect a memorial
in honor of Ms. Pearson..
Betsy Allyn, 4186 Willmar Drive, spoke of Ms. Pearson’s leadership,
dedication and hard work in preserving the City’s parks and open
space.
Emily Renzel, 1056 Forest Avenue, commented Ms. Pearson worked
hard in establishing and preserving the parks throughout the City.
Council Member Kleinberg spoke of Ms. Pearson’s outstanding role in
preserving the natural environment of Palo Alto.
Council Member Lytle said if the process became a controversial
matter, to perhaps change the name to Pearson-Arastradero Preserve
or purchase a new park to name after Ms. Pearson.
Counsel Member Ojakian said for the record he would be adding the
Council Minutes of March 22, 1965, regarding the Parks Dedication
Ordinance.
Council Member Burch supported the motion.
MOTION PASSED 8-0, Morton absent.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Kleinberg said an issue had come up regarding the
renaming of the Arastradero Preserve and whether it should be referred
to the Parks and Recreation Commission (PARC), including a policy of
how parks were named. There was a policy for the initial naming of
parks but not renaming parks. She suggested the Policy and Services
(P&S) Committee review the policy and update it with regards to the
renaming of a park also to look at how the PARC should be included to
ensure the public would have a voice.
12/01/03 97-112
MOTION: Council Member Kleinberg moved, seconded by Mossar, to
refer the park naming policy to the Policy and Services (P&S)
Committee for review and update.
MOTION PASSED 8-0, Morton absent.
Council Member Freeman said she was in Southern California recently
and saw the fire devastation and expressed support for the firefighters.
She wanted to ensure the Council thanked the Palo Alto firefighters
who contributed to fighting the fires in Southern California. Also, she
congratulated the Palo Alto High School Varsity football team for
getting to the Central California Sectional (CCS) finals.
ADJOURNMENT: The meeting adjourned at 9:45 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.