HomeMy WebLinkAbout2002-04-08 City Council Summary Minutes
Special Meeting
April 8, 2002
1. Palo Alto Airport Joint Community Relations Committee
Biennial Report ............................................ 5
ADJOURNMENT: The meeting adjourned at 7:00 p.m. ................. 5
ORAL COMMUNICATIONS ............................................. 6
1. Policy and Services Committee re A Request by International School of the Peninsula (ISP) for
Consideration of Public/Private Partnership to Construct Play Fields ...................................... 6
2. Appointment of Candidates to the Human Relations Commission ................................................. 17
3. Ordinance 4741 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for Fiscal Year 2001-02 in the Amount of $40,000 for the
Construction of a Prefabricated Bridge at the Arastradero Preserve - Capital Improvement Project 10001, Open Space Trails” .................................. 19
4. Request to Authorize the City Manager to Approve and Manage Program Supplements to the Master Agreement
Between the State of California and the City of Palo Alto for the Homer Avenue Caltrain Undercrossing
Project; Adoption of a Mitigated Negative Declaration; and Report on Schedule and Funding Status for the Homer Avenue Caltrain Undercrossing, Capital
Improvement Program Project 10121 .......................... 19
5. Resolution 8140 entitled “Resolution of the Council of
the City of Palo Alto Amending Section 1401 of the Merit System Rules and Regulations Regarding the Memorandum of Agreement Between the City of Palo Alto
and Local 715, Service Employees International Union (SEIU), AFL-CIO, CLC” ...................................... 19
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6. Ordinance 8142 entitled “Ordinance of the Council of the City of Palo Alto Amending the Palo Alto Municipal
Code by Adding Chapter 16.58 Establishing Impact Fees to be Imposed on New Development for Parks, Community Centers, and Libraries” .................................... 20
7. Ordinance 4742 entitled “Ordinance of the Council of the City of Palo Alto Amending Sections 16.47.020 and
16.47.040 of Chapter 16.47 (Approval of Projects with Impacts on Housing) to Increase the Commercial Housing In-Lieu Fee and Related Changes” ........................... 20
8. Ordinance 4743 entitled “Ordinance of the Council of the City of Palo Alto Amending Section 16.45.060 of
Chapter 16.45 (Transportation Impact Fee for New Nonresidential Development in the Stanford Research Park/El Camino Real CS Zone) of the Palo Alto Municipal Code to Increase the Fee and to Revise the List of Intersection Improvements to be funded by the
Fee” ....................................................... 20
9. Ordinance 4744 entitled “Ordinance of the Council of
the City of Palo Alto Amending the Municipal Code to make Repeals and Amendments to Obsolete and Outdated Provisions Relating to Code Enforcement and Municipal
Prosecution” ............................................... 20
10. The Finance Committee recommends to the City Council
the following actions with regard to the Development Center ..................................................... 20
11. PUBLIC HEARING: The Palo Alto City Council will
consider the Planned Community (PC) Zoning District Application by XM Satellite Radio to amend Zoning
District PC-2145 to allow Building-Mounted Satellite Radio Relay Facilities. XM Radio’s proposal would allow One Panel-Type Antenna, and One Satellite Dish, atop an 8-story residential building located at 535 Everett Avenue (01-PC-05) .................................. 21
12. PUBLIC HEARING: The Palo Alto City Council will consider an application by A&D Protocol Transportation for a Tentative Subdivision Map to allow the subdivision of an approximately 2.64-acre site into ten lots for single-family use for property located at 525 San Antonio Road (File Nos. 01-SUB-02, 01-EIA-13). The lots would range in parcel size from 8,700 to 11,800 square feet and would be accessed by the
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construction of a new public right-of-way located on the project site. .......................................... 25
THE CITY COUNCIL ADJOURNED AT 10:03 P.M. TO A SPECIAL MEETING AS THE BOARD OF DIRECTORS OF THE PALO ALTO PUBLIC IMPROVEMENT CORPORATION AND RECONVENED AT 10:05 P.M. AS THE CITY COUNCIL ................................... 25
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS .................. 25
13. Conference with City Attorney - Existing Litigation ........ 26
FINAL ADJOURNMENT: The meeting adjourned at 11:00 p.m. .......... 26
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:45 p.m.
PRESENT: Beecham, Burch, Freeman, Kishimoto,
Kleinberg, Lytle, Morton, Mossar, Ojakian
SPECIAL MEETING 1. Palo Alto Airport Joint Community Relations Committee Biennial Report
Peter Carpenter, Chair, Joint Community Relations Committee for the Palo Alto Airport, shared the highlights from the report and emphasized the priorities of the airport including safety, conservation of the Baylands, and
provision of essential services to the community. Council Member Burch said he understood the reason the airport asked for an extension of the lease was to enable operators to build additional covered hangars along a strip
of land on Embarcadero Road. He asked Mr. Carpenter for clarification.
Mr. Carpenter replied that there was a demand in Santa Clara County for covered hangars. However, the difficulty
faced by the airport was securing financing because of the short lease, which did not avail itself to a long enough pay back period to satisfy investors. The revenue from renting hangars would help keep the airport self-supporting but in order to do that they would need a longer lease. Council Member Morton expressed his gratitude to Mr.
Carpenter for the work he had done. Vice Mayor Mossar asked what the procedure was for starting
the process for extending a lease.
Real Property Manager Bill Fellman replied that the usual process was for the lessee to approach the City. The County was doing their master plan and the airport was one
of the items included in the plan.
Mr. Carpenter invited the Council to contact him for any concerns the City might have concerning the airport. No action required.
ADJOURNMENT: The meeting adjourned at 7:00 p.m.
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Regular Meeting
April 8, 2002 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:05 p.m. PRESENT: Beecham, Burch, Freeman, Kishimoto, Kleinberg, Lytle, Morton, Mossar, Ojakian
ORAL COMMUNICATIONS Glenna M. Violetta, 95 Crescent Drive, spoke regarding
heavy trucks on residential arterials. Joe Webb, 248 Hueblein, Woodside, spoke regarding police and an unpleasant incident.
Edmund R. Power, 2254 Dartmouth Street, spoke regarding honesty in government.
John Easter, 1175 Stanley Way, spoke regarding the
City/School District Liaison meetings during the last nine months. REPORTS OF COMMITTEES AND COMMISSIONS 1. Policy and Services Committee re A Request by International School of the Peninsula (ISP) for
Consideration of Public/Private Partnership to Construct Play Fields
Chairperson Kleinberg said on February 5, 2002, the Policy and Services (P&S) Committee considered a proposal for a
public/private partnership between the City of Palo Alto and the International School of the Peninsula to: 1)
construct a path to provide pedestrian and bicycle access to the School from the Baylands Athletic Center parking lot located off Geng Road; and 2) to improve a currently
unimproved portion of the Baylands Center with play fields and other amenities for public use. The P&S Committee
unanimously recommended to the City Council that staff be directed to proceed with the public/private partnership and look at alternatives to: 1) work through the Joint Powers Authority (JPA) for San Francisquito Creek with the Santa Clara Valley Water District (SCVWD) to locate the path on
the levee; and 2) to explore alternatives for playing
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fields that would not intrude into the 100 foot setback or the riparian corridor.
Assistant City Manager Emily Harrison said there had been a breakdown in communication between the Palo Alto Unified School District (PAUSD) and the JPA. The area where the proposed pathway was indicated in the Environmental Impact
Report (EIR), which the SCVWD prepared for the Matadero Creek Project, was a potential mitigation area. The SCVWD was confident that potential mitigation would not pose a
problem with its agreement for the path.
City Attorney Ariel Calonne said in the original staff report (CMR:110:02), the P&S Committee reflected his advice in respect to use of parkland, which would ensure that the use of the land would be consistent with the terms the City gave PAUSD for the Terman site. Rather than giving the ISP
limited exclusive use, it would be stipulated that the ISP would be given first call on the playing field during designated hours. They would not have the right to exclude members of the public from that area but they would take reasonable actions to protect the safety of students. They
would not be allowed to construct permanent fences but barriers could be installed in the area. If the Council
decided to proceed with the proposal, the City would go through the appropriate Notice of Intent to ensure that everyone knew what was taking place.
Council Member Freeman inquired about the short time for
submitting proposals. She said one of the other issues which arose during the P&S Committee meeting that was not addressed that evening, was the left turn from Embarcadero
Road onto Geng Road, considering the short length of space to make that turn.
Chief Transportation Official Joe Kott said the City owned the traffic signal at the intersection of Embarcadero Road and Geng Road. There was a left turn indicator on that signal and the City had the capability to adjust the time
allotted for left turns. The City would ensure appropriate time for left turns so as not to cause traffic backups in the East Bayshore/Embarcadero intersection when drivers are
dropping off or picking up students.
Council Member Freeman said the P&S Committee discussed having the traffic signal adjusted to allow more time in the morning and afternoon.
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Mr. Kott said there was little opposing westbound traffic at that intersection and that gave the City flexibility in
adjusting the time allotments on that traffic signal. Council Member Lytle asked about the process for dealing with proposals from private or public park users in view of the proposal to issue the ISP limited exclusive use.
Mr. Calonne replied that the process for considering proposals was outlined in the Policy and Procedures Manual,
Section 1-11. If a private entity wanted to construct a field on City land and share the use, they could make that
type of proposal. Council Member Lytle asked whether that would automatically be part of the follow up process that would come out of the current proposal.
Mr. Calonne answered it would not be automatic because the Policy and Procedure Manual stated if there were competing proposals the City would need to go through the open competitive process.
Council Member Lytle asked whether the City needed to add
anything to their motion stating that process. Mr. Calonne replied yes.
Council Member Morton asked whether the proposal went
through the Planning and Transportation Commission (P&TC) for review.
Ms. Harrison replied it did not go through P&TC or the Council, but it went through the Architectural Review Board
(ARB). Director of Planning and Community Environment Steve Emslie said that the ISP was permitted in that particular zone and it was reviewed by ARB for architecture and site plan
issues. Council Member Morton said the traffic problem was created
when the City allowed ISP to be built on a dead-end street and then the City had to resolve the problem. It would have
been prudent to have addressed the problem before the school was constructed.
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Vice Mayor Mossar asked what process would be used to explore the alternatives and what should the Council expect
from staff if they directed staff to proceed in exploring those alternatives. Ms. Harrison said staff understood the importance of coordinating with the task force regarding the playing
fields. When the design was developed, it would have to go through full site design and review, as well as environmental review.
Vice Mayor Mossar asked who would do the design for the
playing fields. Ms. Harrison answered the school would do the design. Vice Mayor Mossar asked how the school could do a design
for the playing fields when they did not yet know where they would be located. Ms. Harrison said the ISP would work with Community Service and Planning staff as they put the proposed design
together. The ISP understood they would have to respect the setbacks along the creek. P&TC would be involved in the
review and the proposal would have to be congruent with the Baylands Master Plan.
Vice Mayor Mossar asked whether there was enough land to construct a playing field.
Ms. Harrison answered that she did not know.
Vice Mayor Mossar asked whether staff had reviewed the feasibility since the P&S Committee had heard the proposal.
Ms. Harrison replied amended designs were not given to staff that would indicate playing fields were feasible in that area. She believed they were focused on the path and had not explored the feasibility of a playing field.
Council Member Beecham asked whether Council wanted to support the proposal for the path and how would the City
collaborate with the ISP in that process.
Ms. Harrison replied the ISP would work with Community Service Department staff to ensure that the path was to the
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City’s specifications. She did not know if it would have to return to the ARB or other staff.
Mr. Emslie said P&TC would be the reviewing body for the proposal and it would not go back to the ARB. Council Member Kishimoto asked how successfully the current
Traffic Management Program was being implemented and whether the City could do anything further, especially in view of the fact that IKEA would be built in East Palo
Alto.
Mr. Kott replied that the ISP filed a Transportation Management Plan. He said there had been mixed results, but there was room for improvement. One of the ways the ISP could reduce the number of vehicles during pick up and drop off times would be to devise a plan for ride sharing.
Council Member Morton asked how far the Embarcadero shuttle extended onto Embarcadero Road. Mr. Kott said the shuttle stopped three to four blocks from
Geng Road. The City would have to extend the Embarcadero route to accommodate Laura Lane or Geng Road.
Paul Losch, 890 Lincoln Avenue, spoke on behalf of the Parks and Recreation Commission Fields Committee. He said
he had met with representatives from the ISP and was in favor of the proposal.
Stuart Berman, 2180 Cowper Street, spoke on behalf of the Site Committee at the ISP, and said he was also a member of
the ISP Board. The ISP was attempting to keep the lines of communication open with each of the agencies involved with
the proposal for the path. The ISP was aware of the traffic problem and the safety hazards, and they were eager to work with the City. The short-term goal of the school was to establish a path, and the long-term goal was to establish a public/private partnership. One of the long-term goals was
to construct a playing field, but at the time the playing field was proposed, the school was unaware of the 100 foot setback requirement.
Juan de Arruda, 2085 East Bayshore Road, Supervisor of
Customer Service for the Main Post Office, said he had to deal with complaints from postal customers because of the traffic congestion on Laura Lane and East Bayshore Road.
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Council Member Morton asked whether the Post Office would explore the possibility of making the road behind the Post
Office into a one way road that would circle the Post Office and exit onto Laura Lane. Mr. de Arruda answered no because the Post Office used the road to load and unload mail onto their trucks. Private
vehicles would create a liability for the Post Office if they were allowed into that area.
Eddie Masanguay, 2085 East Bayshore Road, Manager of the Main Post Office, urged the Council to assist in
alleviating the traffic congestion problem. Herb Borock, P.O. Box 632, said the agenda item description did not meet the requirements of the Brown Act for specificity in regard to playing fields. He suggested that
whatever action taken that evening would be limited to the path. The agenda item did not specify if it was a joint use of playing fields on public or private property. John Kelly, 2201 Princeton Drive, #2, San Bruno, Postmaster
of the City of Palo Alto, stated that the safety of the ISP students and parents were the primary concern of the Post
Office. The construction of the path would help ensure the safety of the students and parents and alleviate the traffic back up on East Bayshore Road.
Emily Renzel, 1056 Forest Avenue, said any plans for the
Baylands should be referred to the P&TC for master planning and site and design review.
Catherine Shinners, 3632 Arbutus Avenue, parent of an ISP child, urged the Council to approve the proposal for the
path. Scott Yeaman, 2025 East Bayshore Road, owner of a business near ISP, said the traffic problem existed before the school was constructed, and he was grateful the problem was
being addressed. He supported the idea of the path as a short-term solution and suggested constructing a road behind the Post Office to connect with Geng Road as a long-
term solution.
Ying Mitchell, 169 Ely Place, spoke on behalf of the ISP Parent Teacher Association. The parents were united in their commitment to construct a path from the Baylands
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athletic field parking lot to the school yard. They were aware of the traffic congestion and wanted to work with the
City to eliminate the problem. Alexis Hamilton, 3364 St. Michael Drive, parent of an ISP child, urged the Council to grant permission to construct the path.
Jeff Paine, 2230 Webster Street, parent of an ISP child, urged the Council to approve construction the path.
Jenny Kuan, 2883 Ramona Street, parent of an ISP child,
urged the Council to approve construction of the path. Margaret Lane, 1500 Bryant Street, parent of an ISP child, said the construction of the path would facilitate public transportation and private group transportation of the
children at the ISP. Students would be able to use the Embarcadero Road City Shuttle if they had access to the Geng Road parking lot. During the previous year, the ISP set up a shuttle between their Laura Lane and Cowper Street campuses where there was ample parking and parents could
pick up students from both campuses.
Betsy McCarthy, 3265 Kipling Avenue, parent of an ISP child and a member of the Sierra Club, was concerned about the condition of the proposed path site because it was in need
of ecological restoration. She believed the construction of a pedestrian path would be an opportunity to restore
that area. ISP students would be involved in the process of restoring the environment and would have access to the Baylands, which would provide an opportunity for them to
learn about environmental science.
Madeline DeCorwin, 793 Allen Court, spoke as an ISP parent. She said the traffic backups along Embarcadero Road were hazardous for cyclists and pedestrians. She believed the construction of a path would encourage more cyclists and decrease the number of motorists.
Rex Chiu, 8 Tulip Lane, parent of an ISP child, supported the construction of a path from Geng Road and urged Council
to approve construction for the path.
Mr. Decomarond, 1107 Oregon Avenue, parent of an ISP child, said the traffic backups were polluting the environment and caused hazardous conditions for cyclists and pedestrians.
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MOTION: Council Member Beecham moved, seconded by
Kleinberg, to direct staff to work with the International
School of the Peninsula (ISP) to define Public/Private Partnership, work with the School to accomplish a path from the School to the Baylands Athletic Center parking lot and refer this proposal to the Planning and Transportation Commission (P&TC) prior to returning to the City Council.
Should the School propose a reciprocal improvement lease of athletic fields, such proposal shall be sent to the Citywide Playing Field Task Force and the P&TC for review
and recommendations.
Council Member Beecham said it was clear that there was a need for the construction of the path. The design process would go through the normal City process before it returned to the Council. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER that the International School of the Peninsula
work with City staff to explore the extension of the Embarcadero Shuttle to Geng Road and direct the P&TC to discuss a time limit on the parking in the Baylands
Athletic Center parking lot.
Council Member Beecham accepted that issue to be discussed when it returned to the P&TC for their recommendation to the Council.
Council Member Morton would support the motion provided
there was a friendly amendment. The ISP should take an active part in curtailing the traffic backup by providing a permanent traffic monitor and assisting parents in
establishing carpools. He did not believe the problem was just a City problem, but a regional problem. He would also
like to see the extension of the Embarcadero Shuttle to the Geng Road parking lot. He was impressed with the reduction of traffic near Palo Alto and Gunn High Schools with the extended shuttle service. The parking lot should not become an extended parking area for ISP but there should be posted
parking signs. Vice Mayor Mossar assumed the proposal for the path came to
the City from ISP as being used informally. The ISP then wanted to formalize the proposal but the City had not moved
on the proposal at that time. Ms. Harrison said that was correct.
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Vice Mayor Mossar said she knew from the amount of correspondence received from various agencies that the
SCVWD was the lead agency on the proposal since they had already agreed on the path proposal. She wanted to know what approval role the City played. Ms. Harrison said that SCVWD was the lead agency on the
approval, and had discussed the project with the ISP. The City became aware of those conversations after the SCVWD and ISP had reached an agreement.
Vice Mayor Mossar asked whether the Council required the
proposal to go through P&TC, to be returned to the Council for final approval, and could the City tell the SCVWD “no.” Ms. Harrison believed the Council needed to make a decision for the area of the path that was on City property, but the
SCVWD had the final decision in terms of the particular mitigation issues that were discussed. Vice Mayor Mossar asked whether the City had site and design authority.
Ms. Harrison said she believed the City had site and design
authority, but the SCVWD had overlapping authority in terms of environmental approval in that area.
Vice Mayor Mossar asked whether the SCVWD would honor the City’s approval of the path.
Ms. Harrison replied that was her understanding.
Vice Mayor Mossar said she knew there were two major studies taking place in that area that involved the larger
traffic issues. One was the recent Memorandum of Understanding between Santa Clara and San Mateo Counties to study the traffic in that area. San Mateo County was exploring additional acceleration lanes onto Highway. They were considering rerouting the Dumbarton Bridge traffic out
of the area in a way that Palo Alto had not supported in previous years. That was an area with extreme traffic problems and she was the Valley Transportation Authority
(VTA) representative on the Bay Crossing Committee and had studied the traffic projections through 2025. She believed
the traffic in that area would always be problematic. The path would not be a final solution to the existing traffic problem.
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INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER that if the proposal should return to the P&TC
for a reciprocal improvement lease of the athletic fields, under no circumstances should the fields intrude into the 100-foot riparian setback. Council Member Burch said the City should have seen the
situation beforehand and believed that was only the beginning of a larger problem. He suggested that ways to alleviate the traffic congestion would be to have the ISP
form carpools, encourage people to drive hybrid cars, and hire off duty peace officers to cite those not obeying
traffic laws. Council Member Lytle thanked the P&S Committee for their work in bringing together the information needed and making their recommendation to Council. She asked whether the
intent of the public/private partnership was to construct it in such a way as to allow public access. She asked whether ISP would obtain a carpool coordinator and traffic monitor as part of the amendment.
Council Member Kleinberg said in the Traffic Management Plan, the ISP had created the position of Transportation
Coordinator. Council Member Kishimoto supported the motion.
AMENDMENT: Council Member Kishimoto moved, seconded by
Mossar, to call on the ISP to come up with an improved Transportation Management Plan, to be reviewed by the P&TC. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER that public use always take precedence over
private use in the Baylands Athletic Center parking lot. Council Member Beecham said he was sympathetic to the dilemma of the ISP and would listen to whatever the P&TC Committee recommended but was not willing to accept Council
Member Kishimoto’s friendly amendment. Council Member Kishimoto said she would make it a stand
alone amendment. She was aware of discussions regarding the expansion of the Challenger School and the Children’s
International School and those expansions would present the same types of traffic problems unless Council took a proactive approach.
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Council Member Freeman made a friendly amendment that the ISP would not consider an artificial surface if Council
gave permission for the construction of a playing field. Mayor Ojakian said before the maker and seconder considered Council Member Freeman’s friendly amendment, it should go in the form of a comment because that was already stated in
the motion. Mr. Benest said staff had not analyzed all the issues
regarding the proposal, and he wanted staff and commissions to evaluate that particular issue in detail.
Mayor Ojakian said that would happen as part of the process of staff presenting material to the Council and if Council Member Freeman still wanted to make that in the form of a motion, the maker and seconder would need to be amicable.
Council Member Freeman said she would make that in the form of a comment and would ask Mr. Benest to follow through with all the committees.
Council Member Kleinberg said Council Member Freeman’s concern was understandable and had been discussed at the
P&S Committee meeting. The Council set policy and did not manage the actual implementation of set policies. She asked whether Council Member Freeman’s comments should be
part of the discussion in another meeting, which had to do with environmentally sensitive use of public lands and how
they might be translated into playing fields. Mayor Ojakian agreed with Council Member Kleinberg’s
comment and thought that should return to Council in the form of a Colleague’s Memo. He said there were situations
where the City had to put in artificial surfaces on particular playing fields to allow for fire truck access. He was hesitant to go too far into an area that Council was not prepared to discuss that evening and being unaware of the ramifications. It was a fair comment for Council
Member Freeman to bring up and was noted by staff. Council Member Freeman said it was brought up in the P&S
Committee meeting and noted in the minutes but was not addressed further. Her concern was that it would not be
addressed again. She agreed with Council Member Kleinberg that it might be a larger issue, which needed to be discussed in another meeting.
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INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER that the path and any fields have to be
designed with fullest respect for environmental impacts. Council Member Lytle supported Council Member Morton’s comments and expressed her appreciation to Council Members Kleinberg and Beecham for incorporating that into their
motion. Mayor Ojakian thanked the P&S Committee for their work. He
said he was particularly concerned about traffic safety and the safety of children, which he believed was at the heart
of the issue and would support the motion. Council Member Beecham said he would accept Council Member Kishimoto’s amendment as an incorporation. AMENDMENT INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to call on the ISP to come up with
an improved Transportation Management Plan, to be reviewed by the P&TC. MOTION PASSED 9-0.
SPECIAL ORDERS OF THE DAY
2. Appointment of Candidates to the Human Relations Commission City Clerk Donna Rogers announced that Lakiba Pittman and Jeffrey Blum were appointed to the two, three-year terms,
and Linda Lenoir was appointed to the unexpired term. CONSENT CALENDAR
MOTION: Council Member Morton moved, seconded by Beecham,
to approve Consent Calendar Item Nos. 3-10. Council Member Lytle asked why the City increased the amount of money for Item No. 3 if the City was not accepting Budget Amendment Ordinance’s (BAO’s) as part of
the budget cuts.
Mr. Benest replied that the City was avoiding BAOs except in instances of grant money or moving an item from one year to another, which was the case with Item No. 3.
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Council Member Lytle asked what the rational was for moving one item up and moving back items like tennis courts and
field maintenance. Mr. Benest said there was some advantage in doing that. Mayor Ojakian asked whether the item could be removed if no
one was present to answer that question. Mr. Benest said the money was budgeted and approved in the
CIP and the City was ready to do the work, which was why the project was moved up.
Mayor Ojakian asked whether the funds came out of the Infrastructure Reserve and not the General Fund. Mr. Benest answered yes.
Ms. Harrison said the adjustment would be made in the next year’s portion of the infrastructure that related to the open space area. That was an overall balancing between the two years.
Council Member Lytle asked whether the cuts made to field
maintenance were out of a different fund. Mayor Ojakian replied that most of the cuts in the Mid-Year
Report were out of the General Fund.
Mr. Benest said the tennis courts was a General Fund item versus moving an item from the five-year CIP up one year early.
Council Member Kleinberg would not participate in Item No.
8 due to conflict of interest because her husband’s law firm represented Stanford in land use matters. She stated that she would vote “no” on Item No. 6 because she was absent from the discussion and did not believe in impact fees on new housing.
Council Member Kishimoto asked whether staff had an opportunity to read Herb Borock’s letter regarding Item No.
8. She urged the Council to evaluate the contents of Mr. Borock’s and, if necessary, bring it before the Finance
committee.
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Vice Mayor Mossar would not participate in Item No. 8 due to a conflict of interest because her husband was employed
by Stanford University. LEGISLATIVE
3. Ordinance 4741 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for Fiscal
Year 2001-02 in the Amount of $40,000 for the Construction of a Prefabricated Bridge at the
Arastradero Preserve - Capital Improvement Project 10001, Open Space Trails”
4. Request to Authorize the City Manager to Approve and Manage Program Supplements to the Master Agreement
Between the State of California and the City of Palo Alto for the Homer Avenue Caltrain Undercrossing Project; Adoption of a Mitigated Negative Declaration; and Report on Schedule and Funding Status for the Homer Avenue Caltrain Undercrossing, Capital
Improvement Program Project 10121 Resolution 8139 entitled “Resolution of the Council of the City of Palo Alto Authorizing the City Manager to Execute the Program Supplements to the Master
Agreement Between the City of Palo Alto and Caltrans for Federal-Aid Projects, Relating to the Homer Avenue
Caltrain Undercrossing Project (Capital Improvement Program Project Number 10121)”
5. Resolution 8140 entitled “Resolution of the Council of the City of Palo Alto Amending Section 1401 of the
Merit System Rules and Regulations Regarding the Memorandum of Agreement Between the City of Palo Alto and Local 715, Service Employees International Union
(SEIU), AFL-CIO, CLC”
Resolution 8141 entitled “Resolution of the Council of the City of Palo Alto amending the Compensation Plan for Classified Personnel (SEIU) Adopted by Resolution
No. 8056, and Amended by Resolution No. 8059, to include New Classification” 6. Ordinance 8142 entitled “Ordinance of the Council of the City of Palo Alto Amending the Palo Alto Municipal Code by Adding Chapter 16.58 Establishing Impact Fees to be Imposed on New Development for Parks, Community
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Centers, and Libraries” (1st Reading 3/25/02, Passed 7-1,
Beecham “no”, Kleinberg absent) 7. Ordinance 4742 entitled “Ordinance of the Council of the City of Palo Alto Amending Sections 16.47.020 and 16.47.040 of Chapter 16.47 (Approval of Projects with
Impacts on Housing) to Increase the Commercial Housing In-Lieu Fee and Related Changes” (1st Reading 3/25/02,
Passed 7-0, Mossar “not participating”, Kleinberg absent)
8. Ordinance 4743 entitled “Ordinance of the Council of the City of Palo Alto Amending Section 16.45.060 of
Chapter 16.45 (Transportation Impact Fee for New Nonresidential Development in the Stanford Research Park/El Camino Real CS Zone) of the Palo Alto
Municipal Code to Increase the Fee and to Revise the List of Intersection Improvements to be funded by the
Fee” (1st Reading 3/25/02, Passed 7-0, Mossar “not
participating”, Kleinberg absent) 9. Ordinance 4744 entitled “Ordinance of the Council of
the City of Palo Alto Amending the Municipal Code to make Repeals and Amendments to Obsolete and Outdated
Provisions Relating to Code Enforcement and Municipal Prosecution” (1st Reading 3/25/02, Passed 8-0, Kleinberg absent)
COUNCIL COMMITTEE RECOMMENDATION
10. The Finance Committee recommends to the City Council the following actions with regard to the Development
Center:
• Raise the mandated cost recovery levels for Fire Department services from 75% to 100%;
• Confirm current mandated cost recovery levels for departments; and
• Direct staff to submit adjusted fees with the 2002-
03 budget to align each department more closely with its mandated cost recovery level
Bunny Goode spoke on Item 4, Homer Avenue Undercrossing. She requested that the item be removed from the agenda so
that an independent arborist could determine the historical significance of the tree.
Mr. Easter spoke on Item 4, Homer Avenue Undercrossing. He said the two groups that would benefit from the
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undercrossing would be the Sheraton Hotel and the Palo Alto Medical Foundation.
MOTION PASSED 9-0 for Item Nos. 3-5, 7, 9-10.
MOTION PASSED 8-1 for Item No. 6, Kleinberg “no.”
MOTION PASSED 7-0, for Item 8, Kleinberg, Mossar “not participating.”
PUBLIC HEARINGS
11. PUBLIC HEARING: The Palo Alto City Council will consider the Planned Community (PC) Zoning District Application by XM Satellite Radio to amend Zoning District PC-2145 to allow Building-Mounted Satellite Radio Relay Facilities. XM Radio’s proposal would
allow One Panel-Type Antenna, and One Satellite Dish, atop an 8-story residential building located at 535 Everett Avenue (01-PC-05). Mayor Ojakian declared the public hearing open.
Assistant Planning Officer John Lusardi presented a
proposed amendment to an existing Planned Community (PC) zoning to allow for the installation of a communications facility on an existing residential development. The
project consisted of two minor antennae on a mechanical room on top of the building. Staff had completed a minor
Architectural Review Board (ARB) review to address potential visual and design issues. The minor ARB was conditional on the Council’s approval of the zoning
amendment. After installation, the project would require maintenance of a service person at least once a month for
calibrating the antennae signals. Herb Borock, P. O. Box 632, said the project should not be approved because it was not linked to a development plan, there were missing dates on the PC, the height limits of
the antennae, and the schedule did not have specific dates. Council Member Lytle said that would be easy to rectify at
the second reading of the ordinance.
Mr. Lusardi said Council did receive a copy of the plans that showed the location of the facilities.
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Council Member Burch asked whether Council would be receiving more requests by people who wanted satellite
antennae on top of tall buildings and was that typical. He also asked whether companies paid the building owners for permission to install the satellites. Mr. Lusardi said fees were required and paid to the owner
of the building. It was typical for tall buildings to make such requests because of the height of the building and the need for radio waves to have a clearance with respect to
other obstructions. Part of the Zoning Amendment required ARB review for any type of visual impacts and it was the at
the discretion of the Director of Planning and Community Environment to say when there were enough for any one building. Council Member Burch asked whether that was a commercial
operation. Mr. Lusardi answered yes. Mayor Ojakian asked whether there was a plan in process
where telecommunication devises could be placed in the City.
Mr. Lusardi said staff was working on a telecommunication policy and exploring all the legal aspects as well as
location issues.
Council Member Burch asked whether it was possible if some of the antennae could be located on top of City Hall so that the City could reap the benefits of what people are
willing to pay.
Ms. Harrison answered no. Safety issues had to be considered but staff was considering the use of other City facilities as potential locations. Mr. Lusardi said antennae were placed on taller buildings
because the visual impact was less noticeable. Council Member Morton said it would be good to have a
coherent policy in place before another request came before the Council.
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Ms. Harrison said the proposed telecommunication policy would include shared sites as a requirement or as an
incentive. Vice Mayor Mossar said she believed the federal government had guidelines regarding telecommunications and that limited the scope of future City policies.
Council Member Morton asked whether the City had control over the sites for telecommunication devises.
Council Member Lytle said a telecommunication policy had
been discussed since she had become a Council Member, and it would be advisable to have something in place before another request was made. Mayor Ojakian declared the Public Hearing closed.
MOTION: Council Member Freeman moved the staff
recommendation with antenna be considered only after we approved Telecom Master Plan.
Council Member Freeman moved to approve the staff recommendation, with any future antennae request would be
considered after the Council approved a Telecommunication Master Plan.
Mayor Ojakian said he did not know whether the Council could do that for the project before them, which had an
ordinance and an amendment to its specific PC zone. Mr. Benest said there were a number of issues the Council
needed to review before directing staff to come up with a proposal for a telecommunication policy.
Council Member Freeman said she was not asking for a specific timeframe for completing the policy. She agreed with Council Member Morton that it would be advisable to have a policy in place so as not to allow unlimited numbers
of antennae throughout the City. Her motion was to proceed with the proposal as it was presented and future requests be made as part of a master plan.
Mayor Ojakian asked for a second to that motion.
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Council Member Lytle seconded the request, but she believed there needed to be a moratorium in order to prevent people
from applying for additional requests. Council Member Kleinberg said that was a worthy motion, but it was not agendized for public hearing and did not believe it was correct to discuss it that evening.
Senior Assistant City Attorney Kolling said according to the Brown Act regarding a moratorium, that discussion was
not agendized and the moratorium could not be voted on, It would need to be placed on a future agenda.
Mayor Ojakian said there was a motion on the floor to accept the staff recommendation on the project. Council Member Freeman said that was not her entire motion
so she withdrew the motion. MOTION WITHDRAWN Council Member Kleinberg asked whether a health analysis
had been conducted on radio wave emissions or concentrated radio waves. The proposed site was adjacent to single-
family and low-density, multi-family residential housings. Mr. Lusardi said extensive analysis associated to health
risks had been conducted but not specifically for the proposed site. That was a separate issue that was dealt
with through federal communications and not through local jurisdictions. MOTION: Council Member Kleinberg moved, seconded by Mossar,
to approve the staff and Planning and Transportation
Commission recommendations to adopt the ordinance amending Planned Community (PC) Zoning District PC02145 to allow building-mounted telecommunication facilities. Ordinance 1st Reading entitled “Ordinance of the
Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Certain Property
Known as 535 Everett Avenue from PC Planned Community 2145 To PC Planned Community”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER for the second reading of the ordinance to
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refer to the Exhibit for the location of the facilities in the PC Zone, the development schedule to reflect dates, and
amend the ordinance to reflect the number of antennas that are allowed. Council Member Beecham stated that the concern for the proliferation of antennae and the visual blight should not
be a concern. He lived within blocks of the proposed site and the size and height of the antennae would not be noticeable. He would support the motion.
Mayor Ojakian asked Council Member Beecham if there was a
conflict of interest since he lived near the site where the antennae would be place. Council Member Beecham said no.
Mr. Kolling clarified that was correct. MOTION PASSED 9-0.
12. PUBLIC HEARING: The Palo Alto City Council will
consider an application by A&D Protocol Transportation for a Tentative Subdivision Map to allow the
subdivision of an approximately 2.64-acre site into ten lots for single-family use for property located at 525 San Antonio Road (File Nos. 01-SUB-02, 01-EIA-13).
The lots would range in parcel size from 8,700 to 11,800 square feet and would be accessed by the
construction of a new public right-of-way located on the project site. (Item to be continued at the request
of staff)
THE CITY COUNCIL ADJOURNED AT 10:03 P.M. TO A SPECIAL MEETING AS THE BOARD OF DIRECTORS OF THE PALO ALTO PUBLIC IMPROVEMENT CORPORATION AND RECONVENED AT 10:05 P.M. AS THE CITY COUNCIL. COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Vice Mayor Mossar stated she had received a complaint from a retailer on Ramona Street regarding A-frame signs.
Council Member Beecham reported the status of the Hetch
Hetchy bills in Sacramento.
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Council Member Morton announced that Tuesday, April 09, 2002, was the Tartan Day flag raising in San Jose.
Mayor Ojakian thanked Council Member Beecham for his time spent on the water issue and acknowledged receipt of a letter from the Santa Clara County Cities Association recognizing Council Member Kleinberg for her legislative
advocacy on a recent trip to Sacramento. Mayor Ojakian announced that on April 7, 2002, Council
Members Burch, Beecham and Ojakian walked in the procession for Stanford Founders Day. He also reported that the
Mobile Mayor event on April 7, 2002, was successful. CLOSED SESSION
The meeting adjourned at 10:15 p.m. to a Closed Session. 13. Conference with City Attorney - Existing Litigation
Subject: In re Pacific Gas and Electric Company, a
California Corporation, Debtor, U.S. Bankruptcy Court case No.: 01-30923DM Authority: Government Code Section
54956.9(a)(Continued from 4/01/02)
The City Council met in Closed Session to discuss matters involving existing litigation as described in Agenda Item Nos. 13. Mayor Ojakian announced that no reportable action was taken on Agenda Item Nos. 13.
FINAL ADJOURNMENT: The meeting adjourned at 11:00 p.m.
ATTEST: APPROVED:
City Clerk Mayor
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NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.180(a) and (b).
The City Council and Standing Committee meeting tapes are made solely for the purpose of facilitating the preparation of the minutes of the meetings. City Council and Standing Committee meeting tapes are recycled 90 days from the date of the meeting. The tapes are available for members of the
public to listen to during regular office hours.
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