HomeMy WebLinkAbout2012-02-13 City Council Summary Minutes
1 February 13, 2012
Special Meeting
February 13, 2012
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:30 P.M.
Present: Burt, Espinosa arrived at 6:45 p.m., Klein, Price, Scharff arrived at
5:35 p.m., Schmid, Shepherd, Yeh
Absent: Holman
Closed Session
1. CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene, Pamela
Antil, Dennis Burns, Lalo Perez, Joe Saccio, Sandra Blanch, Marcie
Scott, Roger Bloom, Darrell Murray)
Employee Organization: Palo Alto Fire Chiefs’ Association
Authority: Government Code Section 54957.6(a)
2. CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene, Pamela
Antil, Dennis Burns, Lalo Perez, Joe Saccio, Sandra Blanch, Marcie
Scott, Darrell Murray)
Employee Organization: Palo Alto Police Manager’s Association (PAPMA)
Authority: Government Code Section 54957.6(a)
3. CONFERENCE WITH CITY ATTORNEY - EXISTING LITIGATION
Subject: City of Palo Alto et al. v. California High-Speed Rail Authority
Superior Court of California, County of Sacramento,
Case No. 34-2010-80000679
Authority: Government Code section 54956.9(a)
The City Council reconvened from the Closed Sessions at 7:02 P.M. and
Mayor Yeh announced no reportable action.
City Manager Comments
City Manager, James Keene reported the City of Palo Alto received an award
in January from the State of California acknowledging its accomplishments
in managing the aesthetics and health of parks, open spaces and buildings
2 February 13, 2012
while significantly reducing pesticide use and toxicity. He stated thanks
went to Public Works, Community Services and Utilities Departments, who
worked together to reduce total pesticide use by 45 percent in recent years,
created 12 pesticide-free parks and facilities, eliminated all poison rodent
baits and insecticide sprays around buildings, established procedures to
protect bee hives, and pioneered many less toxic pest control efforts that
had been replicated in other communities. He stated this was the second
time Palo Alto had been acknowledged by the State for its effort to make its
public places safer for people and for the creeks which were impacted
throughout the state by pesticide runoff. He stated on February 27, Caltrain
would begin construction of the Highway 101 Auxiliary Lane Project between
Embarcadero Road in Palo Alto to the Highway 101/State Route 85
Interchange in Mountain View. The Project would widen Highway 101 by
providing auxiliary lanes to allow on-ramp traffic to enter the freeway in
their own lane and then merge into Highway 101 traffic; and would install
ramp meters and new carpool lanes near the Route 85 Interchange. He
said the construction would last approximately two years with lane closures
occurring mostly during evening hours and weekends. Staff reported
Caltrain had mailed construction notices to all residents in Palo Alto living
within 1,000 feet of the Project area. He said this information would be
posted to the web site.
Oral Communications
None
Minutes Approval
MOTION: Council Member Shepherd moved, seconded by Mayor Yeh to
approve the minutes of November 21, 2011.
MOTION PASSED: 8-0 Holman absent
Consent Calendar
Mayor Yeh noted a memo from Staff requesting that Agenda Item No. 10 be
removed from the Agenda and rescheduled for Tuesday, February 21.
Council Member Price advised she would not participate in Agenda Item No.
8 due to a business relationship with One Workplace.
MOTION: Council Member Shepherd moved, seconded by Vice Mayor
Scharff to move Item #10 to February 21, 2012.
MOTION PASSED: 8-0 Holman absent
3 February 13, 2012
MOTION: Council Member Shepherd moved, seconded by Council Member
Schmid to approve Agenda Item Nos. 4-9.
4. Resolution 9225 entitled “Resolution of the Council of the City of Palo
Alto Approving the Execution of Master Renewable Energy Certificate
Purchase And Sale Agreement With Thirteen Suppliers At An Annual
Expenditure Not Exceeding $1,500,000 During Calendar Years 2012-
2016.”
5. Resolution 9226 “Resolution of the Council of the City of Palo Alto
Naming the Former Sea Scout Building at the Palo Alto Baylands Nature
Preserve "Environmental Volunteers EcoCenter".
6. Approval of a Contract with Royston Hanamoto Alley and Abey (RHAA) in
the Amount of $208,253 for Magical Bridge Playground Design (CIP PE-
12013).
7. Approval of a Contract with Verde Design, Inc. in the Amount of
$140,000 for Rinconada Park Long Range Project (CIP PE-12003).
8. Approval of Purchase Order with One Workplace, in the Amount of
$632,147.85 for Standard Furniture for the Mitchell Park Library and
Community Center.
9. Approval of a Contract with Geodesy in the Amount of $230,692 for
Development and Maintenance Support Services for the City's
Geographic Information System Software.
10.Approval for the City Manager to Enter Into an Agreement with the Cities
of Mountain View and Los Altos to Purchase Public Safety Systems
Technology, Including Computer Aided Dispatch (CAD), Police Records
Management (RMS), and In-Vehicle Mobile and Reporting Applications for
Police and Fire.
MOTION PASSED FOR ITEM NUMBERS 4-7 AND 9: 8-0 Holman Absent
MOTION PASSED FOR ITEM NUMBER 8: 7-0 Price not participating,
Holman Absent
Agenda Changes, Additions and Deletions
4 February 13, 2012
Action Items
11. PUBLIC HEARING: Review of the Revised Draft East Meadow Circle/
Fabian Way Area Concept Plan for Inclusion in the Draft Comprehensive
Plan Update.
Mayor Yeh explained the order of the public hearing would be: Staff
presentation, comments from Planning and Transportation Commissioner
Garber, Council questions, public speakers, and finally additional questions,
comments or Motions by the City Council.
Planning Director Curtis Williams explained Staff was present to discuss the
East Meadow Circle/Fabian Way Area Concept Plan, which was a portion of
the City's Comprehensive Plan currently under development. He stated he
would discuss the background and overview of the plan, some of the
concepts and strategies outlined for each subarea, and then the next steps.
He reported this Plan was developed because the Council, at the outset of
the Comprehensive Plan, directed Staff to review this area given the
changes over the last decade that had transformed certain areas from
Industrial and R&D types of uses to Housing uses. He said these Housing
uses were not generally supported by some of the Infrastructure and Parks
and other amenities that would normally go along with housing. He stated
Council's direction concerning this area in particular and some other areas
of the City was to review whether it was appropriate to have additional
Housing or whether it was more appropriate to retain some of the
Commercial and Industrial uses. Staff believed this had been the Council's
direction for the last five or six years, and Staff made several zoning
changes around town to reflect that. He said Staff had divided this area into
three primary subareas. He indicated the first subarea was the East
Meadow/Fabian Way area with the Jewish Community Center and East
Meadow Circle. He stated the East of San Antonio subarea tended to feel
more like south of San Antonio when driving down Middlefield or Highway
101, but it was actually east of San Antonio, and contained many small
industrial parcels and older development. The third subarea was a
disjointed group of parcels between San Antonio and Fabian Way, and was
smaller parcels with mostly Industrial, Light Industrial and Research and
Development uses. He reported the fourth area was not a subarea, but was
the pedestrian bicycle network that had been recommended as part of this
Program. He stated the main themes which had come from this effort,
which had been jointly developed through a series of community workshops
and through a series of Planning and Transportation Commission (P&TC)
hearings and revisions, was revitalization and upgrading of the East Meadow
Circle area for business purposes; essentially the opportunity to transform
the East of San Antonio subarea from the current small Industrial uses to
potentially revenue-generating uses; thirdly, the Charleston Road subarea,
5 February 13, 2012
that short linkage between San Antonio and Fabian Way, primarily to retain
those uses on a small scale with particular attention paid to the Fairchild
Building; and then overall to improve bicycle and pedestrian circulation
throughout the area. He indicated he would next discuss each subarea and
those overall goals and strategies. In the East Meadow/Fabian Way/West
Bayshore area, Staff was reviewing strategies to retain, enhance and attract
high-end R&D and Light Industrial uses in order to provide incentives for
redevelopment; to assure a successful transition that didn't impact the
existing neighborhoods; to focus development more towards the Highway
101/Bayshore Freeway and West Bayshore area. He stated one of the
strategies outlined in the Plan was to allow some increased intensity in
development as most of the area currently was allowed a 0.4 to 0.5 Floor
Area Ration (FAR) and was underdeveloped. He reported Staff wanted to
allow some increase in that intensity overall for transition purposes, but had
to determine the amount of increase based on traffic analysis to be
performed in an Environmental Impact Report (EIR). He noted Staff had
provided a range of densities to review in the EIR to determine a specific
figure. Staff wanted to focus higher intensity development away from
residential areas and closer to Highway 101. He stated the center of the
East Meadow Circle, the areas along West Bayshore, the areas near Meadow
and Fabian all had some potential for that kind of increase. He explained
Staff had talked to the P&TC about a number of techniques to allow transfer
of development intensity by working with the property owners, and then
Staff would determine specific criteria to present to the Council as part of
the zoning implementation of this Plan. Staff had included language in the
Policies to prohibit incompatible uses, in particular Housing. Staff was not
proposing any housing, daycares, or school uses in this area in that it
tended to discourage further investment in the Research and Development
and Office type of uses; however, P&TC did ultimately concur with allowing
for some limited school uses along Fabian Way with a CUP. Staff had had
discussions with Loral, which was very important to Palo Alto's economy.
He reported they were interested in staying in Palo Alto and expanding.
Staff thought these changes would help support that activity at Loral. He
indicated the south of San Antonio area contained 26 acres of very small
parcels; he thought approximately 75 different parcels. He stated the
Commission's and Staff's recommendation was to provide an opportunity for
owners to consolidate parcels and to propose larger scale development to
generate revenue and enhance the streetscape along Charleston Road,
whether along the frontage or on internal roadways. He noted the area was
adjacent to the Charleston Plaza area in Mountain View, where big box
retailers were currently located. Staff would consider increased intensity
focused specifically on those kinds of uses, but would evaluate the traffic
impacts of those uses and intensities in the EIR before making a final
recommendation on specific Floor Area Ratios and other criteria. He noted
the EIR would specifically analyze options such as a retail center, a hotel
6 February 13, 2012
and mixed use; mixed use generally being office and retail and services as
opposed to residential. Staff would do this through an overlay zoning that
would allow the existing uses to remain there, but would also provide the
flexibility to allow the commercial development to overtake those uses.
Given the history of this area as an industrial area, Staff would continue to
prohibit incompatible uses such as schools and daycare facilities. He
indicated the third area was along Charleston Road between Fabian and San
Antonio, including the corners next to the Campus for Jewish Life property
and the area across the street from the Campus for Jewish Life. He
explained given the small nature and relatively confined spaces of these
properties, Staff and the Commission recommended retaining the existing
zoning designations on these parcels while encouraging the retention,
rehabilitation and reuse of the historic Fairchild Building. Staff had
recognized the Fairchild Building as a resource that needed attention;
therefore, the existing Land Use Zoning Regulations would be retained and
would include a Comprehensive Plan Policy regarding the Fairchild Building.
Staff would be working with the property owner to get that officially
designated on the City's inventory as it was already designated on the State
of California Register of Historic Places. With regard to the pedestrian
bicycle improvements, Staff had noted the bike path crossed Highway 101
to provide access to the Baylands, to bike paths along Barron Creek and
Adobe Creek, and to bike paths in the north off West Bayshore. Staff
thought linking the bike paths would provide a significant opportunity for
connections to neighborhoods, businesses, Greer Park, schools, other parks
and the Baylands. He reported Staff would pursue funding strategies, and
would work with the Water District to obtain easements necessary for
construction of bikeways consistent with the Pedestrian and Bike Plan.
Under next steps in the process, he indicated the California Avenue Plan was
also under development and would be presented to the Council in the
spring. Staff expected to present in the summer or fall an entire package of
a draft Comprehensive Plan. With the Council's direction to move forward,
Staff would then undergo the environmental analysis of the Comprehensive
Plan, including some of the specifics of this Area Plan. He anticipated
returning to the Council in the spring of 2013 for final adoption of the Area
Plans and the overall Comprehensive Plan. He reported the City would need
zoning ordinances and design guidelines to implement some of the features
shown in the Plan.
Mayor Yeh asked Commissioner Garber to share the P&TC's review of this
plan.
Dan Garber, Planning and Commission Transportation Commissioner, asked
to delay his presentation to after the public hearing.
7 February 13, 2012
Mayor Yeh stated the meeting would turn to Council questions for Staff
based on the presentation. He proposed to Colleagues that they work
through each number sequentially. He asked for questions related to the
East Meadow/Fabian/West Bayshore area.
Council Member Shepherd asked if Staff was allowing schools and daycares
to locate in this area if they had a CUP.
Mr. Williams replied the P&TC recommended private schools with a CUP be
allowed to locate in the areas shown as Research/Office (RO), but not
daycare.
Council Member Shepherd inquired why daycare was omitted.
Mr. Williams thought they were omitted because of the younger age of the
children and their proximity to industrial uses.
Council Member Shepherd asked if it would be considered for one of the
properties abutting the residences, because the residences had children.
Mr. Williams thought it was still part of the fabric of the Research and Office
and Industrial type of uses, and the concern was businesses were reluctant
to move forward with expansion or other development plans because there
was a potential for objection from the daycare facility or school. He thought
that was a theme that permeated this Plan in the various subareas.
Council Member Shepherd understood that, but she wanted to understand
what the break off was as she wasn't on the Council at the time they
obtained that. She indicated she would probably ask the same question for
subareas A, B and C.
Mr. Williams stated subareas A, B and C were probably not as sensitive;
although, those uses were present. He thought the bigger problem was the
small lot size and shorter distances between the streets to try to locate a
school or daycare with the circulation required and traffic access. He
indicated it was a policy decision. He explained Staff would do it through a
Use Permit, so anyone who applied would be analyzed on its own and would
have to conduct a traffic study and would have an appeal process.
Council Member Shepherd asked if the traffic study would indicate the
square footage and ratio the Council would consider in all areas or just the
Charleston subarea.
8 February 13, 2012
Mr. Williams replied it was all of them. Staff would review the traffic study
for all this area and break it out by the subareas to determine the impacts
on each and to make recommendations relative to the specific FAR.
Council Member Shepherd stated she had been following the Transfer of
Development Rights (TDR). She thought that wouldn't be as big an issue
for property abutting the West Bayshore properties as it was for properties
abutting the residences. She said having higher density on property
abutting the Bayshore property could help with the noise from Bayshore to
the residences. She asked whether the TDR process was still under
consideration.
Mr. Williams indicated it was still under consideration. He thought the
concept was to provide some flexibility in zoning as all properties currently
had the same FAR limitation. He suggested there could be different zoning
for different areas. There were better planning methods to do that, where
property owners worked together. Staff had discussed leaving some open
spaces and providing some joint parking facilities given there were flood
plain issues. He noted property owners were limited when looking at their
own parcels. Staff's suggestion, since the beginning of the process, had
been that anything that moved the property owners towards working
together would be helpful.
Council Member Shepherd indicated this area took up quite a bit of the
freeway, and thought freeway signage had improved over the last five years
with electronic signs. She asked if there would be a review of signage for
this area as that could also be an interesting topic for property owners and
tenants in that area.
Mr. Williams said Staff had not discussed that, but it was something they
could review. He asked if she was thinking about signing it for individual
business or identifying it as a business park.
Council Member Shepherd was thinking for individual businesses as she
knew how important it was for them to get their name out. She suggested
Staff ask for community and tenant input since that area had freeway
views.
Mr. Williams reported Staff had discussed having some design guidelines
associated with this, and appropriate business signage could be a focus.
Council Member Burt noted his report was labeled LI for the area East of
San Antonio, the 26 acres.
9 February 13, 2012
Mr. Williams stated that was the Comprehensive Plan designation; LI was
light industrial.
Council Member Burt asked if they were both Light Industrial.
Mr. Williams replied they were both LI.
Council Member Burt inquired whether schools were currently permitted
with a CUP.
Mr. Williams answered yes.
Council Member Burt indicated they were not previously required to have a
CUP, and no others had come forward since the CUP had been required.
Mr. Williams stated Staff had discussions with people about them, but they
hadn't filed.
Council Member Burt stated this was about having schools and daycare
facilities adjacent to facilities with hazardous materials in significant
quantities. He thought people didn't grasp that these were significant
liability issues for businesses and significant risk potentials for school
children unless these issues were discussed in this manner. He inquired if
there was an intention to change a Conditional Use of schools in LI to not
permitted.
Mr. Williams replied that was the recommendation.
Vice Mayor Scharff asked what was meant by high-end R&D, how was that
different from office space, was office space allowed as a subset of R&D,
was it just high-end R&D where people had to be performing an R&D
process, and what did that mean.
Mr. Williams thought that was a good question, and one Staff had to grapple
with. He said the distinctions between office and R&D were difficult to
make, but thought Staff would attempt to define them so that R&D truly
involved developing a product and moved away from professional offices.
Vice Mayor Scharff agreed and had hoped Staff would take this direction.
He would like to determine if there was incubator space. He thought people
creating applications fit within the innovation view of the world, and
processes involving innovation should be allowed. He thought start-up
activities should be included, and inquired if that was included in Staff's
thoughts.
10 February 13, 2012
Mr. Williams reported Staff was considering the incubator, innovation-type
concept. He didn't think that necessarily excluded other R&Ds, but Staff did
want to create something specific to researching and developing products as
opposed to office space.
Vice Mayor Scharff asked if clean rooms would be allowed.
Mr. Williams answered that was permitted under the current designation
and would be encouraged.
Vice Mayor Scharff asked if light manufacturing would be allowed.
Mr. Williams thought the areas identified as LI did allow light manufacturing;
the RO designation did not. He stated the areas near Loral on Fabian Way
and the areas currently south of San Antonio allowed that, while the other
areas were currently limited to research and office uses.
Vice Mayor Scharff asked what incentives were being offered to people to
put together parcels, and if Staff was concerned about that at this point.
Mr. Williams indicated Staff would prefer incentives, and thought the
development could be better accommodated through parcel consolidations,
in that it would allow some flexibility to have open spaces and parking
sharing. Staff thought this was necessary if the owners wanted to achieve
the higher Floor Area Ratio. He stated the primary incentive would be tying
the higher Floor Area Ratios to the type of development.
Vice Mayor Scharff inquired if the parcels were 5,000 or 10,000 square feet.
Mr. Williams stated the ones around the East Meadow Circle were larger
than that.
Vice Mayor Scharff asked whether property owners would receive a larger
FAR with parcels of a certain size, or would they not be able to utilize that
FAR unless they had a bigger parcel, and how big would the parcel need to
be.
Mr. Williams didn't know what the threshold would be, but he thought there
would be a combination. He thought there would be some threshold, but
not merging parcels would allow setbacks to encroach from multiple sides of
a smaller parcel. Combining parcels would have perimeter setbacks and
allow use of more of the site.
11 February 13, 2012
Vice Mayor Scharff asked if Staff had considered a FAR bonus system, where
a parcel up to a certain size received more benefits and the benefits were
explicitly stated.
Mr. Williams replied Staff had discussed that technique. He stated it was
applicable here and in the south of San Antonio area to encourage
commercial development.
Vice Mayor Scharff asked whether Staff was looking for general direction
tonight.
Mr. Williams stated Staff was looking for general direction that the concept
of encouraging higher intensity for the type of development Staff wanted to
see in these areas was appropriate; and that Staff was to develop the
specific mechanisms for that, perform a traffic analysis and other
environmental analyses, and return with the remainder of the
Comprehensive Plan.
Vice Mayor Scharff noticed Staff had set FAR targets which it was planning
on studying. He inquired why Staff had set those targets rather than
utilizing a range for analysis in the EIR, given traffic impacts.
Mr. Williams reported Staff was looking at ranges. He thought the most
specific one was the East Meadow Circle area, which was 0.4 to 0.6.
Vice Mayor Scharff asked how that range was determined.
Mr. Williams thought it was Staff's sense that there was a point at which a
certain FAR would have a significant traffic impact. He stated Staff could
raise the ratio, but he thought Staff was considering a blanket average FAR
of 0.5 or 0.6. He indicated traffic could actually accommodate 0.3 or 0.4
adjacent to residential and perhaps 0.75 adjacent to West Bayshore. He
stated the range did not apply to a specific parcel.
Council Member Burt asked how Staff might distinguish between R&D and
Office use; given that Palo Alto was one of the few cities without a business
license. He asked how Staff would control that even if it was a part of the
rules.
Mr. Williams thought Staff had to work on that. He suggested Staff could
upgrade use and occupancy requirements to something that specifically
defined the business, whether number of employees or the nature of the
business.
12 February 13, 2012
Council Member Burt inquired whether this would be under an Occupancy
Permit.
Mr. Williams explained the Occupancy Permit certified a business had met
Zoning Code requirements, and that Fire and Building employees had
inspected the building to ensure it could be occupied. He reported that
process had not been religiously implemented years ago, but Staff had been
more rigid in the last few years. He stated Staff did not ask for the number
of employees. He thought there was some flexibility either to start doing
either that or to be more precise about the nature of the business.
Council Member Schmid referenced Attachment 3 to the Service Efforts and
Accomplishments report, a survey comparing north and south Palo Alto. He
noted a differential appeared in a limited number of questions, all
concerning development issues. Regarding the question of retail growth
being slow, the differential between the south and the north was 35
percent, with 25 percent of people in the south more likely to say that
economic development was not good and 24 percent saying the quality of
new development was not good. He thought this set of Area Concept Plans
was addressing that issue, and Staff's sensitivity concerning the housing
part of the issue was extremely important as was the focus on bringing in
commercial development. In the East Meadow Plan, he noted the P&TC had
a long and extended discussion about the transfer of development rights.
He assumed that was an innovative way of ensuring less intensive
development in property abutting single-family neighborhoods, while
increasing the opportunity for Commercial and Light Industrial activities. He
asked what would be the size and look of a building constructed on the
interior.
Mr. Williams didn't think Staff knew those details yet. He was comfortable
saying buildings wouldn't be any larger than those presently on sites
adjacent to residential property. He explained the intent was to provide an
opportunity for a property owner to build up its site by taking something
from one of the interior sites, thereby reducing the intensity adjacent to the
residential. He thought the starting point was the floor, which was where
Staff currently was, with the ceiling being the existing zoning. He noted this
applied the same whether the property was adjacent to residential or the
freeway.
Council Member Schmid reported the total numbers on page 6 of the official
Concept Plan indicated the increase in East Meadow Circle would be between
40 and 45 percent. He stated no change on the outside of the Circle meant
the size of the floor area doubled on the inside of the Circle.
13 February 13, 2012
Mr. Williams indicated it doubled on the inside and the perimeter to the
freeway.
Council Member Schmid asked whether the development rights could be
transferred inside the Circle as well as translated all the way to West
Bayshore.
Mr. Williams indicated it was at least to the area between the Circle and
West Bayshore.
Council Member Schmid asked if it was implied that the buildings were two
stories, 40 feet tall.
Mr. Williams stated Staff didn't know at this point, and hadn't gotten that
specific. He anticipated that this could mean three to four stories along
West Bayshore in some locations, probably two to three stories on the inner
Circle, and one to two stories on the outside adjacent the residential pieces.
Council Member Schmid inquired where parking would be located with the
increase of 40 to 45 percent in Floor Area Ratio.
Mr. Williams replied parking would need to be on-site. He explained a
below-grade parking structure was unlikely because of ground water and
flooding issues. He reported consolidating some sites and justifying that
with a better economic return due to higher intensity could make it possible
to have a parking structure which served two or three sites.
Council Member Schmid asked if that might be an outcome of the trading of
development rights.
Mr. Williams responded yes, but noted it was speculative at this point.
Council Member Schmid noted a discussion with the P&TC about having to
raise the level by an unknown amount. He asked whether the single story
of buildings adjacent to residential neighborhoods would begin at a level 5,
6 or 7 feet above their current height, meaning that even a single story
might be 15 to 20 feet.
Mr. Williams said they had discussed that, and thought it was likely that a
new single-story building would be built higher off the ground than existing
buildings, which would add some height. He stated if the overall intensity
was decreased to some extent, then hopefully that would compensate for it.
He reported they discussed the Design Guidelines including a buffer from
the edge of residential property into the building site.
14 February 13, 2012
Council Member Schmid indicated the Design Guidelines would be a critical
part of what comes from this. He noted the traffic impacts had not been
determined, but an increase of 40 to 45 percent would likely cause higher
levels of traffic on the freeway entrances and exits as well as on Charleston,
East Meadow and West Bayshore. He asked whether the traffic impact
study would include these feeder streets.
Mr. Williams answered yes. He reported Staff would probably also study
whether there was a potential connection from East Meadow Circle across to
West Bayshore to reduce traffic from Fabian.
Council Member Schmid stated traffic would still have to get to one of the
freeway entrances.
Mayor Yeh asked for questions regarding the East of San Antonio subarea.
Council Member Klein stated the tenor of his questions was what the retail
overlay would accomplish given the vast number of individual landowners.
He asked for an explanation of how the overlay would work.
Mr. Williams explained the overlay would allow for certain kinds of uses
only, such as retail, hotel, and auto sales, with specific Floor Area Ratios
tied to each of those. He stated those types of uses weren't allowed
currently in that zoning. He indicated it would allow for those uses and
allow more intensity than was currently used, and hopefully would be
attractive to someone. He thought it would provide, going back to the same
concept as before, some thresholds for parcel sizes to be developed that
would encourage consolidation of properties. He noted the P&TC had a long
discussion about how to do that and how to ensure commercial
development occurred from Charleston into the site.
Council Member Klein asked whether there were some retail establishments
in that neighborhood. He noted he had seen ads for art galleries.
Mr. Williams reported there might be a couple of small uses. He wasn't sure
if they had been there for a while or if they were located there legally. He
said most of the area was certainly not that nature.
Council Member Klein thought the outline given was fine, but he didn't see
how it would work practically unless there were significant incentives. He
assumed the overlay by itself on an individual landowner with one parcel
would not create any retail other than the small ones he just mentioned. He
asked if that assumption was correct.
15 February 13, 2012
Mr. Williams agreed. He thought the encouragement would be there for
consolidating and creating larger parcels. He reported some property
owners thought combining office development behind retail to help finance
retail development would be more attractive.
Council Member Klein asked what the size was of the typical parcel.
Mr. Williams responded the typical parcel was probably a quarter acre or a
third acre.
Council Member Klein understood the theory, but asked whether Staff was
going to a lot of effort to accomplish nothing.
Mr. Williams didn't know, but thought the P&TC representative could discuss
their thought processes.
Council Member Klein asked if landowners had expressed an interest in
combining parcels.
Mr. Williams reported Staff had canvassed multiple times to inform
landowners about the process. He wouldn't say that Staff had heard from
them regarding interest in or opposition to doing something like this. He
noted they could be tenants rather than owners.
Council Member Klein inquired if there were examples where this had been
successful. He noted Mountain View with lesser numbers and bigger parcels
had needed a substantial amount of time to do this.
Mr. Williams indicated it was a long process, and thought the opportunity
was to see if it could work. He suggested Staff could develop more
incentives to move in this direction. He noted another example was Fourth
Street in Berkeley, but that was a lesser geographic area and took some
heroic acts to make it happen.
Council Member Klein asked how much money would be spent on this effort
to turn this into a semi-retail area.
Mr. Williams didn't see it as being a large amount of money to create a
zoning overlay and some Design Guidelines. He thought the effort probably
depended on whether Staff put the Economic Development Manager and
resources to work on marketing the area to others.
Council Member Klein stated contacting each of the landowners was a
significant effort.
16 February 13, 2012
Mr. Williams replied public outreach would have been performed regardless
of which way it was being presented.
Council Member Price thought it was critical to have incentives with real
meaning and value to property owners. She explained the Economic
Development Strategy contained many assumptions and goals about
enhanced retail opportunities and making them desirable destinations with a
variety of uses. She noted the narrative mentioned goals of enhanced
landscaping in terms of making that corridor more attractive, which it
certainly needed. She asked if Staff was suggesting that part of the design
standards would not only address the building environment but also
landscaping enhancements.
Mr. Williams responded yes, particularly along street frontages and adjacent
to residential neighbors.
Council Member Price stated it did need a lot of help. She asked if there
was any consideration of gateway features that would define the Concept
Area. She knew gateway features had price tags, but asked if that could be
a consideration or had it been addressed in the narrative.
Mr. Williams stated Staff had not addressed that, but could make that a
component of any design effort.
Council Member Price observed the areas as a Concept Plan needed more
definition. She felt defining the destination in a more attractive way would
be useful. She inquired if the FAR cap was per parcel or per consolidated
parcel.
Mr. Williams explained Staff viewed it, in terms of environmental analysis,
for the whole area; an average FAR over the whole area within the
boundaries of each subarea.
Council Member Price stated planning efforts and studies had been
performed in other parts of the country where there were not only FAR
caps, but also trip generation caps. She inquired if there had been any
consideration of a discussion of putting a cap on the number of potential
trips that might be generated from this Concept Area.
Mr. Williams thought Staff was backing into that with the EIR analysis. He
stated the EIR would define the trip generation impacts, and that would help
Staff determine a cap. He said Staff was not prepared to begin with a trip
cap.
17 February 13, 2012
Council Member Price asked if this would be an element generated as part of
the traffic assessment and analysis.
Mr. Williams stated Staff would get that information one way or another,
and Staff might review techniques within a subarea to maintain a certain
trip generation cap by Transportation Demand Management (TDM)
measures.
Council Member Price assumed there were many different TDM strategies
that could be implemented. She noted generally they were more effective
on larger developments with a greater potential for trip generation. She
asked if that would be part of the scenarios that would be examined.
Mr. Williams indicated it would be for those areas where it was appropriate.
He stated the East Meadow Circle area did lend itself to that, because it was
likely the property owners would work with Staff on that. He said it would
be difficult to achieve any meaningful TDM measures in the South of San
Antonio area because of the 75 properties and 60 owners.
Council Member Price stated the issue of revenue-generating options always
looked very desirable. She inquired if Staff had talked to any hotel
developers or was it premature at the current time.
Mr. Williams thought Staff had talked with some developers about retail and
mixed use development, but didn't think they had talked specifically to
anyone about a hotel.
Council Member Price repeated the concept of destination and making it an
attractive destination. She noted one of the features here was the
proximity to Highway 101. She had seen examples of high-end retail
adjacent to hotels that had been successful, and knew it depended on the
community and some other elements around that.
Mr. Williams asked to allow Gloria Humble to respond to Council Member
Klein's question regarding the potential for combining properties.
Senior Planner Gloria Humble reported the existing buildings were very old,
over the allowable FAR, and didn't have the correct parking. She thought it
was unlikely property owners would tear them down and build replacement
buildings, because they would lose FAR. However, when the buildings were
useless, she stated the best bet was for property owners to take advantage
of the incentives through the graduated intensity being offered for merged
lots.
18 February 13, 2012
Council Member Klein hoped she was right, but he could make the
counterargument that, given that property owners had excess FAR and
reduced parking, their incentive was to continue working on the building
until it fell apart in the next century. He was concerned that while the
landowner had that incentive, he also would have arduous negotiations to
find two, three or four other property owners willing to combine to create a
large parcel. He thought the minimum size for a hotel was three, four or
five acres, which could require negotiating with a dozen different
landowners. He understood her point, but she hadn't alleviated his concern.
Council Member Espinosa was curious to see what incentives the City could
provide to make the combination of parcels real. He thought this was one
of the corners of town with great potential in terms of redevelopment. He
noted there were aging buildings and narrow, small properties. He
remarked the City had difficulty in getting lots combined and seeing the
desired development along that corridor. He questioned what was seen
along the Highway 101 corridor and what was seen along Charleston. He
saw lively streetscape and more pedestrian-friendly walkways, which he
presumed was along Charleston. He knew there had been some debate
previously including the Charleston Road section with those smaller
properties. He asked was the City trying to build out from the Jewish
Community Center (JCC) pedestrian corridor or was it traffic-focused. He
had heard from executives that having a logo and business sign on Highway
101 was a priority, and there was a lot of competition for that. He asked
where Staff was in envisioning graduated intensity if the City could get to
the point of combining lots and driving a vision for this area.
Mr. Williams thought the Charleston area in front of the JCC was an area
Staff wanted to consider for a pedestrian- and bike-friendly road
environment, because it linked with the Charleston/Arastradero corridor at
Fabian. He explained having a wholesale redevelopment that pushed back
from the street would be necessary to create a pedestrian area. He stated
Staff's discussions regarding signage highlighting businesses were relative
to the north or the other side of the freeway, so it wasn't really in the
discussion.
Vice Mayor Scharff was concerned that Staff was not considering the
incentives necessary to make people combine properties. He stated a hotel
was a big incentive. He felt there would have to be a large economic
incentive. He thought the PAMF site was the last effort to combine small
parcels, and thought they had paid twice the market value at times. He
asked what Staff was doing to measure the incentives necessary to make
this happen in terms of economic incentives. He was concerned that Staff
thought anything that raised revenue could be done here. He asked if an
automobile business was profitable enough on a per-acre basis for it to be
19 February 13, 2012
located there. He asked if it would be better to create incentives for a hotel,
because that created revenue. He thought there were disparate goals.
Mr. Williams thought there were three choices. One was to try not to do
this, in which case hopefully it would become an incubator space. One was
to follow Staff's suggestion to provide direction and incentives for
conversion to retail use. The third was to engage economic or marketing
consultants to compile a real program for this area and formulate specific
strategies to work with businesses and organizations to stimulate activity.
He suggested the City could actively work with others to do something like
that, even though it didn't have a redevelopment agency. He stated it
would cost more and success was unknown; but it was an option if the
Council wanted to go that way. He agreed the lively streetscape was
amorphous at the current time. He thought the concept was to obtain a
retail frontage, not like the Charleston Road streetscape but rather retail
shops along the side streets.
Vice Mayor Scharff inquired if Staff was considering ground floor retail with
offices above. He stated individual shops would not be enough economic
incentive to change those buildings.
Mr. Williams suggested larger format retail and perhaps having office behind
that helped provide economic incentive.
Vice Mayor Scharff asked if that would allow transfer of the FAR to have a
hotel, office and retail together.
Mr. Williams stated that was in the mix.
Council Member Price asked the City Manager to comment on the success of
Fourth Street in Berkeley, to describe the kinds of incentives offered and
infusion of economic support, and indicate if it was under his leadership.
City Manager James Keene reported Fourth Street was a private property
owner's vision and effort. He noted Denny Abrams personally assembled
over 20+ years all of the properties along Fourth Street, and was able to
unify the street and exert his vision and control in building the area around
certain themes. He indicated the City played a supportive role.
Council Member Schmid wanted to stress that in south Palo Alto the survey
said clearly retail growth was too slow. He indicated the strip along
Charleston was the one place identified for a neighborhood serving regional
retail. He thought that made sense in that it was a deeply underserved
area. He commented the discussion had concerned consolidating parcels.
He stated that had been done all around Palo Alto: East Palo Alto’s
20 February 13, 2012
development of The Four Seasons in Whiskey Gulch, the Ikea across the
street, and Mountain View's San Antonio Center and Charleston Plaza. He
asked if these were developed from smaller parcels.
Mr. Williams didn't think many parcels were involved in the Charleston
Plaza.
Council Member Schmid thought for decades Palo Alto had stepped back
from big retail or commercial developments, and suggested it was an
appropriate time to try to create some incentives in a place like East of San
Antonio. He thought that made sense. He explained Charleston and San
Antonio were the two east-west routes serving Palo Alto and Mountain View,
and there were major developments along both. He noted the two streets
met at the edge of a large parcel, which was a passageway. He suggested
taking this parcel for development, and stated a traffic study could
determine how a developer could make it into something attractive. He
noted there was a garden store on the corner of this parcel, and asked if it
was located on a Caltrans right-of-way.
Mr. Williams answered yes. He noted it was leased from Caltrans.
Council Member Schmid asked if that could be developed or if it was outside
of the area.
Mr. Williams reported the City had rezoned that, but it was a Caltrans right-
of-way and the long-term plan was to make that into the main entrance
from San Antonio southbound onto the freeway. He noted any business
would be gone by the time that happened.
Council Member Schmid inquired if there were any concrete plans to build
that Highway 101 entry, because that would change the value of the parcel
of land.
Mr. William referred the question to Jaime Rodriquez.
Transportation Official Jaime Rodriquez reported Staff had contacted the
VTA (Valley Transit Authority) to include this as a project in the study of
that interchange. He indicated the City had not advanced anything for that,
but had put it in motion when funding was available. He stated there would
be some sort of local match, and the City had to ask the VTA to help with
the study. He said Staff was trying to get that going.
Council Member Schmid suggested getting that study underway might be
more attractive to more people.
21 February 13, 2012
Council Member Shepherd thought this intersection was a challenge to
everybody because of traffic from Costco. She noted weeds had grown
along the roadside, there was no landscaping, and the pavement crumbled
at the end. She felt Mountain View had done a beautiful job of putting
together their big-box stores at the end of Charleston Road. She thought it
appropriate to make this intersection work so that people could move
through the area quickly, easily and without complications. She felt this
was the way to go for retail, but zoning would be required. She was glad
P&TC was exploring the different concepts of FAR and hotel and other
options for that area. She remarked that if businesses wanted to move into
the area, they would be willing to pay. She asked if there was a famous
building on Industrial Way where something was invented, so that it could
be identified.
Mr. Williams was not aware of anything on Industrial, just the Fairchild
Building on Charleston.
Council Member Burt stated it was a viability issue of whether retail would
ever go in there. He noted some prospective incentives listed, but it
seemed very difficult to have any estimation of what incentives were needed
without understanding the market rate for the current buildings and for
rebuilt buildings. He asked if discussions with commercial real estate
brokers had indicated whether this was close to being attractive as a
redevelopment without a redevelopment agency.
Mr. Williams reported Staff had some discussions with commercial brokers
and developers, and Staff felt exchanging the current buildings for a retail
development was not likely to be a profitable venture. He indicated a mix of
office space could make that worthwhile financially. He said a hotel was not
discussed specifically.
Council Member Burt inquired whether Staff's proposals would include that
and create something with enough incentive to stir redevelopment.
Mr. Williams stated it was Staff's intent to review a couple of mixes of uses
within that overlay, and one of them would probably be a primary frontage
of retail with office behind or above that or some combination of that.
Council Member Burt noted the elimination of redevelopment agencies. He
explained larger retail development occurring in many cities had been
subsidized by redevelopment agencies, and that subsidy was going away.
He thought that would come into play to some degree. He indicated new
development was not occurring anywhere as a result of the absence of
redevelopment agencies. He felt this was creating a level playing field for
Palo Alto.
22 February 13, 2012
Mr. Williams thought that was a unique perspective and seemed correct.
Mayor Yeh asked for questions concerning the Charleston Road subarea and
the buildings marked A, B and C.
Council Member Schmid appreciated the comment that Staff was working to
get the Fairchild Building into the historical inventory. He was shocked to
read in the October memo that the Fairchild Building was not on the Palo
Alto Historical Resources Inventory, and its status did not protect the
building from demolition. He thought this was the most important building
in the community and had defined Palo Alto as the center of Silicon Valley.
He explained the City's Historical Ordinance protected hundreds of buildings,
yet the most historical building in Palo Alto and Silicon Valley was not on the
Historical Register.
Mr. Williams clarified that the Fairchild Building was on the State inventory.
He indicated a project to demolish that building would require an
Environmental Review, and the building would be considered a historic
resource because it was on the State's inventory. He stated the building
could not simply be demolished and replaced.
Council Member Schmid commented that Palo Alto did take the historical
aspect seriously, yet it was not on the register.
Mayor Yeh asked for comment on the pedestrian bike network and improved
circulation.
Council Member Schmid stated increasing densities of commercial activities
created a barrier between homeowners and the Baylands. He knew the
Council had not addressed the traffic issue, but mitigations for traffic
generated by the size of development were appropriate to increase the
connections between the people living in south Palo Alto and the Baylands.
He thought there was a nexus between the developments being discussed
and the bike and trail plans.
Council Member Shepherd asked whether the traffic study would be a
comprehensive review or spot checks with old information.
Mr. Williams reported it would be a comprehensive review in conjunction
with a review of the Comprehensive Plan. He said the traffic analysis would
be performed with an updated model and would review city-wide traffic
impacts. He indicated Staff would then breakdown that to the specific
impacts for the Concept Plan Areas and subareas.
23 February 13, 2012
Council Member Shepherd wanted Staff to use current information since
there had been quite a bit of development.
Planning and Transportation Commissioner Dan Garber reported the series
of conversations regarding this part of the City was complex, as there was
not much activity and the P&TC wanted to see activity. He noted some
overall observations that the Commission was struggling with. First of all,
as was mentioned in your questions and observations, he explained the area
had high traffic; it was one of the few places in Palo Alto that the car was
the means for moving through that site. There was little public
transportation and it was not a walking neighborhood. He stated the further
one moved to Highway 101 and Mountain View, the fewer opportunities
there were for houses and walking to occur. He indicated the entire area
was visually challenged, and there was no homogeneity of the sense of city
or identity. He noted trying to find ways to bring that into the conversation
to determine strategies was difficult. Finally, he said there was not any
obvious underlying zoning strategy to this part of town; almost every zoning
type could be found in this corner of Palo Alto, from residential to R&D to
light industrial. He reported they were all there and sometimes they were
back-to-back to each other. He noted it was very difficult to sort them out
in a functional way so the map made sense. He reported there was a series
of constraints that structured any set of solutions that might be imagined.
First of all, he noted it was adjacent to Highway 101, which created a wall
on the back side. He commented the adjacency to homes created a whole
variety of things that could and could not be done on what would be the
northwest side of all these parcels. He indicated there was a strong desire
for the City not to create additional housing because of the lack of transit
there, and the creation of more families that could not be served adequately
by the infrastructure of the City. He said there was also a desire to support
the historical use of much of the space for R&D, which was quickly drying up
in the City and yet was part of the pride of what Palo Alto had been and
continued to be a part. He stated the underlying problem that the Council
had been addressing was no different from the one the Commission had
been struggling with in its conversations as well, which was how to create
change when there were very few levers to cause change. He said there
were problems with the property sizes and how to get smaller properties to
pull together to create larger properties that could actually influence density
at one end of the spectrum. The areas of East Meadow/Fabian and West
Bayshore were slightly easier in a sense, because the properties were larger
and the Council could do more. He explained the transept of houses to
Highway 101 allowed for things to be low in section and elevation against
houses, then rise up moving closer to Highway 101. While mitigating the
impacts of having that increased density, he said having the strong
connection through Fabian Way and West Bayshore for automobiles kept
that traffic away from the residential areas. He noted there is a certain
24 February 13, 2012
strategy that became obvious; as you moved towards Fabian Way, where
Loral is, it became slightly more difficult to find physical or planning
strategies. He stated the P&TC recognized in their conversations that one of
the big things structuring their interest in uses was trying to find ways to
support Loral and their use of property. He said the East of San Antonio
subarea was also an extraordinarily difficult part of the City. He remarked
all of those things added up to great opportunities, but in order to have
some significant change, it was extraordinarily difficult to pull off. He
agreed with Ms. Humble that the incentive of the existing property owners
to keep the amount of square footage they currently have on their
properties acted as a drag for that change. He thought the City would see
in coming years a tremendous amount of creativity on behalf of property
owners to find ways to keep that square footage and ways to increase the
value of the property, which were two very difficult things to do. He noted
that would be a series of challenges for the City to deal with. He explained
the concept of transferring development rights was one of the few things
the Commission had seized on as a tool to use through trading of properties
between property owners, because presumably there would be the
recognition by all parties that a trading, selling, balancing of the
opportunities could be had on both sides. He indicated the same thing
applied to the East of San Antonio subarea. He thought creating the
opportunity for greater density closer to Highway 101, and keeping things
lower against Charleston Road potentially could offset a property owner's
desire to keep a lot of square footage along Charleston Road. He stated the
great thing about Fourth Street in Berkeley was many buildings could be
reused, which wasn't possible in Palo Alto. He said the Charleston Road
subarea, parcels A, B and C were difficult areas in that they backed up onto
residential and commercial and were adjacent to a variety of types of
zoning. Because the Commission couldn't find a good way to cause change,
its strategy became retain in place, don't attempt big changes and work
with what it had.
Council Member Price inquired if the P&TC recommended the Council
incorporate this into the Comprehensive Plan, and if the basic assumptions,
premises and direction was appropriate given the constraints, difficulties
and challenges.
Mr. Garber indicated the Commission didn't believe the City should do
nothing. He stated this area was in desperate need of attention and could
serve the City better both financially and visually and planning-wise.
Public Hearing opened at 8:47 P.M.
Dan McGanney, President of California Pacific Commercial Corporation,
stated in 1956 his company acquired property just north of San Antonio
25 February 13, 2012
Road, and today owned seven parcels on East Meadow Circle and four
parcels along Fabian Way. With buildings on the Circle, each more than 35
years old, he fully endorsed the City's strategy to encourage revitalization of
East Meadow Circle by allowing increased density, which was tiered away
from the adjacent single-family homes. Since participating in three
neighborhood workshops and hosting two stakeholder meetings in 2009, Cal
Pacific had been actively working with the City in preparation of a Concept
Plan for its subarea. With Staff support, he requested both the economic
consulting firm of Kaiser Marsden and the design firm of Friedman, Tonge
and Sasaki to help him appreciate the complex issues associated with future
development. He had also asked Jim Baer to assist him with understanding
the process, so efforts to work collaboratively with the City would have
value. Last week he forwarded correspondence to the Council identifying
some of the key issues. He suggested Mr. Baer add his thoughts on the
Concept Plan and comment on certain factors he believed were essential to
East Meadow Circle's successful development.
Jim Baer indicated East Meadow Circle was an incredibly challenging set of
parcels. He described the buildings as one story, virtually obsolete, serving
as back office for Loral, not suitable for life sciences, and not suitable for
software technology notwithstanding all the Google and Microsoft
expansions a half mile away in Mountain View. He had asked Dray Kaiser
and Associates, who had been consultants on economic development to the
City and were major California analysts of redevelopment policy, not to be
his advocate but to be his consultant, knowing they would have some wise
things to say that didn't exceed the Council's or Staff's expectations. He
indicated they would look at what the Council needed in terms of FAR and
what the Council needed to create open space, parking, and an experience
of attracting a collection of employees in a campus-type center, even if it
was multiple users. He asked Council to acknowledge that this was a man
who owned 50 percent of East Meadow Circle as his his family had for 50
years. He reported most of the parcels were not next to residential, so they
were the most capable of providing yield for gathering places and
employment centers that work. He wanted to make one forceful comment
about objecting to the notion of TDR: in downtown it worked where there
were approximately 500 to 1,000 parcels buying and selling. He said as an
example South of Forest Avenue had an RT50 zone and an RT35 zone. He
indicated it had to do with how close to Alma the property was and how
close towards the residences. He stated owners with property located next
to commercial zones would build what was responsible in order to
incentivize contemporary buildings that would attract users. He said he
would give a 30-second answer if there was a question about the San
Antonio Road retail and hotel.
Council Member Burt asked what about San Antonio Road.
26 February 13, 2012
Mr. Baer remarked that Mountain View's good success with box retailers has
not been able to generate a hotel. He stated Google was the greatest
expansion of commercial campus, and it was buying so many companies
they couldn't get a hotel nearby. He reported Peter Paul Oto Hotels were
building their 451st hotel in Palo Alto on El Camino Real. He said there were
three developers in Palo Alto: Peter Paul, John McNellis and Chob Keenan,
who had within the last five years owned and operated individually more
square footage of retail than existed in the City of Palo Alto. He thought
they were an economic resource team who understood and knew regional
retail. He didn't know if it precisely fit the area. He felt Peter Paul and Oto
Hotels would be an extraordinary resource to have a conversation with, and
he was willing to facilitate that any way he could.
Phyllis C. Cassel stated she was from the League of Women Voters of Palo
Alto speaking for Mary Alice Thornton, President. She stated the current
East Meadow/Fabian Way/West Bayshore Area Concept Plan for all intents
and purposes eliminated all housing development, and recommended
removing the housing designation from permissible uses listed in the Zoning
Code for this area. The League of Women Voters of Palo Alto noted that at
the same time the City was removing the potential for housing, the City was
resisting meeting the current Association of Bay Area Governments (ABAG)
requirements on the basis that Palo Alto had no land available to build
housing. She explained housing, schools, religious institutions and daycare
centers had sprung up in this area, because owners were seeking to occupy
long vacant buildings or sell for development lots that were of no interest to
industrial users. She said there was not enough incentive to keep industry,
and suggested some housing should be accommodated in this area
especially as part of mixed use development. She indicated the East of San
Antonio subarea was being proposed as a commercial area, which could
lend itself to mixed uses with the proper incentives. She thought mixed use
with housing created a lively pedestrian environment that the Report was
seeking. She urged the Council to include housing in this current Plan along
with other permitted uses.
Bob Moss stated VTA had a bus line that went down Meadow and Fabian;
however, it canceled the bus line about 10 or 12 years ago. He explained
Space Systems/Loral at one time had their own shuttle bus that ran from
the basic campus down to the Caltrain stations, but Loral dropped that
about 10 or 12 years ago. He suggested Loral might reinstate that bus line
if the City asked them. He indicated the bus ran around the campus and
prevented people from having to drive from building to building. Loral had
been the leading builder of commercial spacecraft in the world for the last
two years, building between 30 and 35 percent of all spacecraft. He
recalled an article in the newspaper stating Loral had received a $670
27 February 13, 2012
million contract to build additional spacecraft. He felt East Meadow Circle
was important to keep as an R&D and office area for Loral and other
companies. He thought allowing housing to be built on East Meadow and
East Meadow Circle was a big mistake. He said Echelon was a disaster
because housing was located next to office areas and areas where they
could use hazardous materials. He explained there was a plume under the
Campus for Jewish Life than ran almost to the Altair property, and extended
from approximately the commercial area along San Antonio almost to the
housing. He explained parking was at ground level and housing was
elevated to avoid contamination from toxic materials. He stated the toxicity
was not high, but enough to worry about. With regard to San Antonio, he
believed some of those buildings were valuable and important. He indicated
a mosque would be located next to the Media Center and a Community
Center for Moslems was also located in that area. He said the Council
should preserve those areas, not redevelop them.
Earl Caustin stated he lived on Louis Road just near East Meadow. He was
confused by mention of whether or not that area would be zoned to allow
schools. He asked the Council to have some more clarity with the public
about how that land would be zoned. He said he had lived in that quiet,
nice neighborhood for over 30 years, and he would not enjoy having a
playground area for schools right behind his house. He was also quite
concerned about the height of buildings immediately behind his land. He
explained the 5-foot rise for the flood zone would provide a half story rise,
such that a two-story building right behind his home would create a 2 1/2
story building. He urged the Council to protect the value and the comfort
that he enjoyed in Palo Alto of his home, as it made these modifications to
help the City of Palo Alto.
Patti Regehr indicated she lived on Greer, right in front of Barron Creek.
She explained her house abutted Barron Creek and was lower than the
creek. She said most of the houses were Eichler and had glass, and
expressed concern about the bike path allowing riders and pedestrians to
look into her backyard. She was concerned that people would use the bike
path to access parking on her neighborhood streets. She proposed the bike
path not be used by vehicles. She indicated another issue was noisy
garbage pickups. She reiterated her concerns of privacy, parking and noise.
She urged the Council to have a vision not only for economic prosperity but
also for the community and neighborhoods adjacent to that.
Public Hearing closed at 9:04 P.M.
Council Member Shepherd asked Staff to respond to the League of Women
Voters request to maintain housing in the East of San Antonio area.
28 February 13, 2012
Mr. Williams reported housing was one of the first topics considered as part
of the community workshops. Staff wanted to focus new housing
development around transit and transit corridors based on discussions
concerning zoning changes and preserving industrial and commercial
development. Staff also wanted to preserve and protect some of these
business areas as potential revenue generators, incubators and job creators.
He explained the issue of hazardous materials made housing problematic at
each one of the subareas, particularly in the area south of San Antonio. He
indicated services in those areas had not kept pace with existing housing;
therefore; the overwhelming desire, from both professional and community
perspectives, was to avoid housing. He stated there had been some
discussion initially about senior housing or assisted living, but the
Commission felt that was in potential conflict with these light industrial
buildings.
Council Member Shepherd requested a simple review of a how a Conditional
Use Permit (CUP) works. She asked if a school wanted to buy or lease a
parcel, did a CUP reach out to the community for its opinion.
Mr. Williams explained the CUP was an application to Staff, Staff sent notice
to all public within 600 feet of the site, allowed a few weeks for input, and
then Staff determined whether to allow the use and, if so, the applicable
conditions. At that point, there was an opportunity for the public within that
600 foot radius to request a hearing at the Planning and Transportation
Commission (P&TC), and ultimately to appeal it to the City Council. He
stated there was a full public review process associated with it. If there
were no objections to the determination, then Staff's decision stood and
there was no further process.
Vice Mayor Scharff wanted to follow up on the mention of an economic
analysis. He asked Staff if they thought an analysis of the East of San
Antonio subarea was worthwhile to determine what kind of densities were
needed to stimulate economic change. He also requested Staff's opinion on
approximate cost and whether Council should consider it.
Mr. Williams was hesitant to estimate the cost. He thought Staff would
have to review that. He thought it would be enlightening to have more
information on that and perhaps meet with a variety of consultants. He
noted it would take additional time, but didn't think it was necessarily
exclusive of the Council doing so.
Vice Mayor Scharff asked if it was premature to do that tonight.
Mr. Williams thought it was not premature to ask Staff to evaluate that and
to report back on time and cost.
29 February 13, 2012
Mayor Yeh clarified that the CUP was not a previous requirement for some
of the existing schools, if he understood correctly from the P&TC Minutes.
Mr. Williams stated that was correct. He noted schools had been permitted
uses in some zones in the past and had been able to locate without going
through the CUP process.
Mayor Yeh indicated if this were to move forward, there would be a different
process necessary for new schools to open in the East Meadow Circle area.
Mr. Williams explained some of these areas had allowed school uses without
a Use Permit and thought that was one of them. He stated all daycare had
moved to CUPs in previous zoning changes, but private schools were
generally permitted uses in these zones right now.
Mayor Yeh saw in the Minutes that there was some direction provided
through revisions to the Bike Master Plan for the Barron Creek and Adobe
Creek rights-of-way and was curious if that was Staff's recollection.
Mr. Williams knew that had been discussed and thought Staff's
recommendation in the Bike Plan was to explore both of those. He said that
was why it was noted the Commission wanted to be sure the City was
consistent with the Bike Master Plan. He stated the bike path's appearance
on the screen didn't necessarily mean it would happen; it simply helped
Staff when approaching the Water District to discuss potential funding
through grant programs. He explained applying for grants would be difficult
if the path wasn't shown on a plan to indicate the Council's review. He
noted the path would go through a feasibility study including outreach to the
community to address any concerns. He said the path had to be designated
before it could be discussed with the Water District.
Mayor Yeh asked if the noise issue would be reviewed in the EIR phase of
the review of the Comprehensive Plan update. He assumed a particular
proposal would be part of the consideration.
Mr. Williams answered correct. He thought it would be relevant to that
proposal.
MOTION: Council Member Shepherd moved, seconded by Council Member
Klein to accept the Planning and Transportation Commission (P&TC) and
Staff recommendation to direct Staff to incorporate the Draft East Meadow
Circle/Fabian Way Area Concept Plan into the Draft Comprehensive Plan
Amendment and proceed with further analysis.
30 February 13, 2012
Council Member Shepherd stated Staff's slides indicating property owners
and possible visions for the subareas were very helpful. The historic
building on 91 Commercial Street told the story of this area, where Four
Phase Systems started after it had been a dentist office, and now a
preschool. This particular area was unfocused and the Comprehensive Plan
didn't contain much information to illustrate Palo Alto's future. She
commended Staff and Planning and Transportation for working with the
landowners to make sure, if the TDR process occurred, it would work for the
landowners in a way that would be beneficial to them and to the City.
Council Member Klein thanked Mr. Garber for an excellent philosophical
overview. He thought Mr. Garber did a great job in locating the Council as
to the opportunities and difficulties of this area of town. He stated the work
on the East Meadow/Fabian/West Bayshore neighborhood made a lot of
sense. He thought the Echelon Building was a big mistake for the
community, that the community was in the process of losing light
manufacturing, R&D buildings on East Meadow Circle and the adjacent
areas, and that was going to be a loss for the community. He said the
community's heartbeat had been R&D and innovation, and to lose one of the
last places in town with a relatively inexpensive space of that kind would be
unfortunate. He didn't think it was right for the City to provide housing
because it could. He indicated the City had an obligation when it provided
housing to do it right, and it was almost impossible to do it right in that area
of town. He asked where the City would put another park, to say nothing of
how the School District would have to serve them. He thought the direction
the City was moving made a lot of sense; however, there were still
problems to work out which was inherent. He didn't have any trouble
moving forward with where the Council wanted to go on the East San
Antonio neighborhood, but he was not sanguine about the chances of
success and would be skeptical about expending a large amount of money
on further studies. He felt the Council should take advantage of skilled
citizens and consult with them to determine if any of these things are
possible. He knew the advantage of setting high goals, but there were only
so many goals the Council could set for itself and it had to make
determinations as to what was most practical. At the moment he was not
persuaded that the Council could convert this area into a retail area or
hotels. He indicated the Council would have to get a substantial number of
landowners to consolidate. He didn't think the zoning incentives would be
sufficient, but he was willing to give it a try. He was not willing to see the
limited Staff spend lots of effort trying to persuade a number of private
citizens to do something they might not regard in their economic self-
interest. He said they would have to find good incentives or find the
equivalent of the fellow City Manager Keene mentioned who put together
the Fourth Street proposal in Berkeley. He remarked Loral had become one
31 February 13, 2012
of the major economic players in the community, and many had taken a
tour of Loral's facilities and knew that they did extraordinary work.
Vice Mayor Scharff had concerns about setting the incentives correctly so
that the Council had a chance of this happening. He thought working with
people in the community who had expertise in this area was the first way to
go on this topic. He felt the community had a lot of expertise, and
suggested the Council needed to follow up on that. He stated Staff should
also review the issue of obtaining an economic analysis to evaluate and set
the incentives properly.
Council Member Shepherd inquired if Vice Mayor Scharff was asking Staff to
prepare a work up on an economic development study.
Vice Mayor Scharff answered he was asking that they regroup, as Mr.
Williams suggested, discuss it and decide if this was worthwhile to present
to Council. If Staff felt it was worthwhile, then they could work it up and
decide cost and return to the Council. However, if Staff decided it wasn't
worthwhile, then they didn't have to return to Council.
AMENDMENT: Vice Mayor Scharff moved, seconded by Council Member
Burt to request Staff evaluate what economic incentives would have a
reasonable likelihood to change the land use as envisioned in the East of
San Antonio sub-area plan and if necessary return to Council with
recommendations regarding this analysis.
Vice Mayor Scharff thought it was important that the Council move forward
in a realistic way, and give Staff the flexibility to indicate they needed help
to set the incentives correctly. If Staff didn't need help after talking to
people in the community or felt it wasn't worthwhile, they didn't need to do
that; however, if they did feel they needed that help, they should be able to
present it to the Council. He thought that was the intent of this Motion.
Council Member Burt agreed with Vice Mayor Scharff that the Amendment
was not stipulating that Staff had to return with a specific proposal. He felt
it gave Staff a great deal of latitude and was very important. For the same
concerns Council Member Klein expressed, he supported doing something
like this. He stated it would not be good to change the Comprehensive Plan
and adopt incentives without any idea if they would have an impact. He
indicated the Council had to have an understanding of what incentives
would be necessary to achieve the desired outcomes and, once the Council
understood that, it could choose not to proceed. He said the Council had to
have some sense of where that equation lay.
32 February 13, 2012
Mayor Yeh clarified that the language of the Amendment was correct from
Vice Mayor Scharff's perspective, but he would change the last line to
"regarding an economic analysis on the East of San Antonio subarea."
Council Member Klein agreed in general with Council Member Burt's
comments. He wanted to make sure Staff didn't spend a lot on this. He
asked if there was a cap or proposal that Staff regard this as a limited
assignment.
Vice Mayor Scharff thought the Amendment needed to be changed slightly.
He indicated it should read "to have Staff evaluate and if necessary return
to Council.” He stated the Council was leaving it up to Staff's discretion to
determine what they had to do, and they knew they didn't have to return to
Council if they didn't want to. He thought Staff could make that
determination not to spend more time.
Council Member Klein felt the Council should tell them. He would like to
hear Staff state they regarded this as a limited assignment and would not
be spending hundreds of hours of work on this.
Mr. Williams stated Staff would not be spending hundreds of hours working
on that aspect of it. He anticipated Staff would try to meet with realty and
development people in the community and then determine an estimate,
probably 40 to 80 hours of Staff time over the next six months.
Council Member Klein supported the proposed Amendment with that
understanding.
Council Member Schmid asked the maker of the Amendment if he wanted to
have an economic analysis. He stated an economic analysis could review
generating jobs, generating revenue, generating tax revenue, increasing
property values. He asked what was the focus or goal of the economic
analysis.
Vice Mayor Scharff explained the economic analysis was simply that land
out there was worth between $90 and $120 a foot and what kind of
incentive was needed to increase the worth so that people would consolidate
and build something else to have the desired transformation. He said it was
a fairly simple economic analysis.
Council Member Schmid asked if he was looking at how to maximize the
land value of these properties.
Vice Mayor Scharff stated the intent was not to maximize the land value,
but to create the incentives, which was changing the land value from the
33 February 13, 2012
current use to what it would be to move it forward. He explained if the land
was worth $120 a foot, and it was zoned to something worth $90 a foot, no
one would make the change. y land, he meant the land with the current
use on the building. He explained you had to move from the existing use
and the existing revenue stream on that, and that created a value, and the
value to tear it down would have to be more than the current value. He
stated that was basically what kind of incentives the Council could provide
to get people to combine lots.
Council Member Burt thought it was a good question, because the Council
did not want an open-ended economic analysis. He described the economic
analysis would evaluate the proposed incentives to determine whether they
would have a reasonable likelihood of resulting in the land use changes
envisioned by the specific plan over a significant period of time and, if those
incentives would not result in that change, what incentives would.
Council Member Schmid saw the broad context of the Council's action as
performing an element of the Comprehensive Plan. He asked how the value
of a given area's transformation on the rest of the City was measured. He
referenced the Staff Report's discussion of resource impacts in terms of how
much revenue could be generated by new business in the area. He stated
the numbers generated by the types of developments being discussed paled
in comparison to the real revenue generated to the City, which was property
taxes. He indicated the true value for Palo Alto for these types of
developments are 1) offering jobs that bring young families to the City, and
2) inducing families to want to live in Palo Alto. He said that meant the
quality of life of the City had to be improved, and that was why it was
important to take into account things like traffic impacts and impacts on
neighbors. He agreed an economic analysis was valuable, but thought it
should be put into the context of what economic change had a big impact on
the City, the property values and life. He stated it was not the square
footage value of this property, but what it did to the land values to the City
as a whole.
Council Member Price supported the proposed Amendment, as it made a lot
of sense. She had a positive and hopeful attitude about the outcome of
these efforts. She thought the Amendment was clearly stated and
appropriate.
Mayor Yeh repeated the change of Staff evaluating the economic incentives
proposed to have a reasonable likelihood to achieve the change in land use
as envisioned in the East of San Antonio Subarea Plan and, if necessary,
return to the Council with recommendations regarding this analysis.
34 February 13, 2012
Council Member Price thought there was a distinction between not only
those proposed in the Plan but also those that may be appropriate to
achieve the outcomes of the Draft Plan. She suggested "economic
incentives proposed to evaluate the appropriate or various economic
incentives that would have a reasonable likelihood." She wanted to make
sure it was clear that it was a broader range in the intent of the
Amendment.
Council Member Burt thought the Amendment was changed slightly from the
Mayor's statement. He believed the Mayor had worded it in a way to
capture both intents. He suggested "Staff to evaluate what economic
incentives would have a reasonable likelihood ... ." He stated that captured
both the proposed incentives and prospective incentives. He felt an
obligation to disagree with Council Member Schmid's comments. He noted
they sat together on the Housing Subcommittee reviewing regional housing
mandates, and was shocked by those statements. He said there were two
things Palo Alto didn't lack: existing jobs and demand for housing. He
explained there was a large jobs-housing imbalance, so the Council was not
trying to create jobs in Palo Alto, and the City was being given housing
mandates to correct that. He indicated the City was not trying to figure out
ways to create new jobs that would drive demand for housing in Palo Alto.
He didn't understand those statements, and wanted it on the record that
was not his position and not a position the Council had taken.
AMENDMENT PASSED: 8-0, Holman Absent
Council Member Price felt the Draft Plan was an excellent report. She
thanked the Planning and Transportation Commission for their thoughtful
comments and members of the public who spoke. She thought the Council
would be conscious of the impacts on the residential neighborhoods. She
thought the way the Plan had been developed and the details and
mechanisms identified would be an exciting opportunity. She felt this area
had languished and, without structure and economic development, it would
continue to languish, which the Council did not want for any neighborhood
in Palo Alto. She looked forward to the traffic analysis and details regarding
the transfer of intensity in various parcels. She felt the City would move
forward and this would be an exciting opportunity to have some creative
solutions. She was hopeful in the area of the economy. She supported the
goals, mission and vision as outlined.
MOTION PASSED AS AMENDED: 8-0, Holman Absent
35 February 13, 2012
12. Adoption of Resolutions Approving, Authorizing and Directing the
Refinancing of the Outstanding 2001 and 2002 Limited Obligation
Improvement Bonds, City of Palo Alto University Avenue Area Off-
Street Parking Assessment District.
Assistant Director of Administrative Services, Joe Saccio reminded the
Council it had refunded Gas and Water Utility Bonds and refinanced some
Golf Course Certificates of Participation. He stated he would present the
rationale for refinancing the Bonds, as there was a slight departure from the
traditional practice of refunding the Bonds by using an underwriter. He
reported Staff met with Standard and Poor's and received a credit rating.
He indicated the purpose of the meeting was to receive approval to move
forward with refinancing approximately $33.7 million of outstanding
Assessment District Bonds, which were issued in 2001 and 2002. He noted
the Bonds were paid through assessments on Downtown property owners,
and were originally issued to build two garages on the S&L lot on Bryant
Street and the garage on the R lot on High Street. He said the City was
refinancing to realize a savings on debt service for property owners, lessees
and the City. He stated the City participated in this District as a
consequence of Proposition 218. He reported the first rationale for
refinancing was the current environment of historically low interest rates.
Staff thought there was a potential for significant savings. He indicated the
traditional rule of thumb was 3 percent, and Staff believed the savings, in a
new present value term, would be above 5 percent. The Report to the
Council noted 6.1 percent, which was the consequence of an analysis done
in mid-January. He stated a more recent analysis indicated it was possible
to go well above 5 percent. He commented it was important to realize that
the interest rate was determined at the point of sale on February 22, 2012.
He noted the savings could move up or down; however, Staff thought it
would be above the indicated threshold. He reported the 6 percent net
present value savings translated into approximately $236,000 per year for
the next 20 years in annual debt service savings, or about 11 cents per
square foot. He stated that was dependent on the rates at the time of the
Bond sale. He indicated the City was required to maintain, and was
maintaining, the current maturity date of 2030. He noted this was for the
next 20 years. Whenever the City departed from the traditional method of
refinancing, Staff preferred to call that to the Council's attention. In this
case, he noted the City was using an underwriter instead of competitive bids
for a variety of reasons. He commented land-secured bonds were normally
very difficult to sell in the current bond market, because they had a certain
niche. When the City last attempted to refund these Bonds, there was very
little interest in that it didn't receive any competitive bids and the interest
rates turned against the City. He explained when using an underwriter, the
underwriter was aware of customers and retail institutions interested in
these types of Bonds. He noted the call date of March 2, and said it was
36 February 13, 2012
advantageous to have an underwriter move swiftly. He reported residents
had expressed interest in buying the City Bonds, and the only way to sell
Bonds to the residents was by using a underwriter willing to make the Bond
sale available to residents. Assuming the Council approved the
recommendation, he stated Staff was pursuing three avenues to inform the
public: a press release, an ad in three local newspapers, and a web site.
He remarked the web site would allow residents to learn about the sale and
provide instructions on buying bonds. He reported Staff met with Standard
and Poor's and, as in the original issue, they gave the City a credit rating of
BBB, one notch above investment grade (BBB-). He reported Staff was
happy with this because assessment districts or land-secured financing did
not normally receive ratings; however, Staff was hoping the evolution of the
District would prove it was a vibrant downtown area with a lot of
development. He explained Standard and Poor's had standard metrics for
the rating, and concerns were a small district of only 213 parcels and the
assessed value to lien for certain key properties was low. He explained the
assessed value to lien ratio was low because of continuity in ownership as
properties had not been sold to realize the full market value. Although Staff
noted any kind of delinquency was rare, it didn't change the concerns. He
stated the rating was for the District and not the City. Staff recommended
the Council approve the resolutions listed in the Staff Report in order to
move forward at a propitious moment in time to refinance the debt. He
asked for questions, and noted that Bond Counsel from Jones Hall, Financial
Advisor for Public Financial Management, and the Underwriter were all
present for questions as well.
MOTION: Council Member Shepherd moved, seconded by Vice Mayor
Scharff to accept Staff recommendation to approve the Resolutions
authorizing Staff to refinance and reassess $33,695,000 in outstanding
2001 and 2002 University Avenue Off-Street Parking Assessment District
(Improvement) Bonds. The following approvals are necessary conditions for
the proposed refinancing pursuant to the Refunding Act of 1984 for 1915
Improvement Act Bonds (the “Refunding Law”):
A. Resolution 9227 Declaring its Intention to Levy Reassessments and to
Issue Refunding Bonds.
B. Resolution 9228 Adopting Reassessment Report, Confirming and
Ordering the Reassessment by Summary Proceedings and Authorizing and
Directing Related Actions.
C. Resolution 9229 Authorizing the Issuance of Refunding Bonds and
Approval and Authorizing Related Documents and Actions.
37 February 13, 2012
Council Member Shepherd thanked Staff for their hard work and due
diligence in preparing the Recommendation to take advantage of low
interest rates. She thought the savings of approximately $250,000 per year
was indicative of Staff's good work. She stated refinancing would be good
for Palo Alto and the Assessment District.
Vice Mayor Scharff thanked Staff for preparing the Recommendation prior to
the deadline of March 2. He thought the Bonds were a good deal, because
the rating agency underrated them and the risk would probably be less than
the BBB rating. He inquired if Staff had an indication of the interest rate
residents would receive.
Mr. Saccio reported the analysis in mid-January indicated the average
coupon was approximately 4.5 percent, and the last analysis indicated it
could be higher. He stated Staff had shared information with one or two
people on the Parking Committee, and they thought it was a good yield.
Vice Mayor Scharff noted residents could receive a 4.5 percent tax-free
return by investing in their community. He didn't know of any other
investments with a 4.5 percent return, and supported the Motion.
Council Member Burt indicated the Agenda for the year included addressing
the downtown parking shortfall. He asked who received the savings.
Mr. Saccio explained in triple-net leases, where taxes were passed on to the
lessees, the lessees would receive the savings. If the property owner paid
the assessment, the savings would go to the property owner.
Council Member Burt stated it was a return to the property owner; and
inquired whether the savings could stay in the Assessment District to create
additional parking downtown.
Mr. Saccio stated the benefits would accrue to the original property owners
in the Assessment District and to no one else.
Mayor Yeh asked what the denomination would be for members of the
public who were interested.
Mr. Saccio reported the minimum investment was $5,000, with increments
of $5,000.
Vice Mayor Scharff asked if the City could invest in the Bonds, given the
City's current rate of return was 2.6 percent or 2.1 percent.
38 February 13, 2012
Mr. Saccio indicated the current portfolio was earning approximately 2.6
percent. He noted Staff intended to return with an answer and to discuss
the refinancing guidelines and debt policies.
Chris Lynch from Jones Hall explained federal tax law prohibited the City
from owning its own bonds on a long-term basis.
MOTION PASSED: 8-0, Holman Absent
13. PUBLIC HEARING: Initiation of: (1) a Zone Change from CC-L
(Community Commercial with a Landscape Combining District) to PF-D
(Public Facility with a Site and Design Combining District) and (2) a
Comprehensive Plan Amendment from Streamside Open Space to
Major Institution / Special Facilities, for the Ronald McDonald House at
50 El Camino Real/520 Sand Hill Road.
Mayor Yeh advised he would not be participating in this Item as his wife was
a Stanford University student.
Council Member Klein advised he would not be participating in this Item as
his wife was a Stanford University faculty member.
Director of Planning and Community Environment, Curtis Williams indicated
Amy French would make the presentation, and noted Russ Reich, Project
Manager, was present.
Planning Manager, Amy French reported Staff requested the Council initiate
requests for rezoning and Comprehensive Plan re-designation to support the
expansion of the existing 47-room Ronald McDonald House at 520 Sand Hill
Road, adjacent to this site. She stated the proposal was for the same
zoning and land use designation as the current Ronald McDonald House,
established in 1979 via a CUP approval. She indicated the Ronald McDonald
House was associated with Lucille Packard Children's Hospital and provided
services to young patients and their families during treatment. She noted
representatives from the Ronald McDonald House were present. She said
the 1.7-acre site was owned by Stanford University, and was to be created
by a proposed lease-line boundary. She reported the site was significantly
vegetated with oaks and eucalyptus, and an existing pedestrian bike path
wound through the property roughly parallel with Sand Hill Road. She
reported the site's current zoning was Community Commercial with a
Landscaped Combining District, and proposed zoning was Public Facility with
a Site and Design Combining District. She noted the existing
Comprehensive Plan designation was stream-side, open space; and the
proposed designation was Major Institution, Special Facilities. She stated
following initiation the applicant would submit an application for Site and
39 February 13, 2012
Design Permit Review and CUP. She explained the Planning and
Transportation Commission would review the applications and the
Environmental Review document prior to final Council action on the rezoning
and Comprehensive Plan designation, as well as the CUP and Site and
Design Review. She indicated the Architectural Review Board would review
the site and building design. She reported the proposed building was
approximately 46,000 square foot; the applicant would share the plans; the
building would provide approximately 68 new rooms and 79 parking spaces;
and the new building would be approximately 1 foot taller than the existing
Ronald McDonald House building. She said the building would not impinge
upon the San Francisquito Creek stability area, as the proposed lease-line
boundary was outside of the streamside slope protection area. She
indicated the building as shown in concept plans was approximately 70 feet
from Sand Hill Road, significantly beyond the site's 24-foot special setback
along Sand Hill Road. She said the current sidewalk would be moved closer
to Sand Hill Road; and trees would be relocated or removed to
accommodate the new building and surface parking area; the existing
signalized intersection at Sand Hill Road and London Plane Way would
provide access to the project driveway. She indicated a traffic impact
analysis would be prepared to ensure no adverse impacts from traffic or
parking; and the analysis of the project's consistency with Comprehensive
Plan Policies, Site and Design Review, CUP findings, and Environmental
Review would be presented to the Planning and Transportation Commission
for review and recommendation to Council.
Honey Meir-Levi, from the Barron Park Neighborhood, stated she would
explain the genesis of the project, and then the architect would provide a
detailed review of the architectural picture and the site plan analysis. She
explained Ronald McDonald House was the community's home-away-home
for critically ill children and their families. She reported over 90 percent of
the young residents were facing a life-threatening illness; and their parents
and families were facing financial impacts and the need to disrupt their
family lives to find the advanced medical treatment their child needed. She
commented they were seeing the demand for extended care grow due to
the amazing medical advances of recent years. She noted the average
length of stay was six nights in 2003 and 24 nights in 2011, with stays
lasting one and two nights to a year or more. She remarked the needs of
longer-term families were quite different from families who stayed six
nights. She stated the House expansion, while meeting the specialized
needs of these families, was also meeting the needs of the community as
the Lucille Packard Children's Hospital expansion would increase the need
for services. She indicated the greatest impact by far was the change in
medicine. She reported they were seeing sick children who needed longer
stays with much higher degrees of disruption to their families. She said
previously only parents stayed at the House while their children stayed in
40 February 13, 2012
the hospital; today children, their siblings and parents stay at the House for
many months. She explained the wait list expanded six years ago to the
point that an expansion was necessary; therefore, they began the process
of evaluating and planning for growth. She stated the wait list had
continued to grow from 15 to 20 families to 30 to 40 families a night being
turned away to hotels and waiting rooms. She indicated growing demand
and needs determined expansion was critical to provide housing for
desperately ill kids and their families. Not only was Ronald McDonald House
the best equipped to support the families and assist them, but also
instrumental in mitigating the impact of these families on the community.
She noted the House provided a shuttle service to and from the hospital,
marketing, and clothing shopping. She explained families arrived at Ronald
McDonald House in May only to realize in October they would need winter
clothing, and they were there to respond to those needs. She reported the
House, using its own minivans and volunteers, kept families safe, healthy
and off the roads; provided a trusted environment where doctors could
release their patients early, freeing up beds for another ill child; and
partnered with the hospital to enrich the families' experience and hold the
family safe during this transition. She explained the current and planned
facilities were specifically designed to bring together families; offer them
privacy; offer them an extremely high level of cleanliness that their
immunosuppressed children needed; and to support them through their
tumultuous stay. She presented photos of the current building, the
"pollywog" down to El Camino Real, and the building site. She noted it was
a well-conceived building that tied into the current site. She reported the
expansion would save $1 million a year in annual operating costs over the
cost on a per-room basis of the current building, due to economies of scale.
She indicated the expansion was an exceedingly efficient use of land with
communal kitchens, communal dining rooms, play rooms, playgrounds,
minimal office space, and entire housing pods which could be converted into
immunosuppressed wings. She said hard work was going to trip abatement,
because so many families were unable to bring cars due to financial
constraints.
Wei Wen Shau, Architect for Ronald McDonald House, presented a design
solution for the needed expansion for the House. An aerial photograph
indicated the most appropriate if not the best expansion of the house. He
stated the proposed design continued the beauty and line from the existing
House along Sand Hill Road to the London Plane Way to form a sense of
urban street enclosures. He indicated both sides of Sand Hill Road would
extend to a shopping center to the east. He noted there would be many
functional spaces and a shared program between the new and existing
facility. He said his first design concept would be to form a circulation
spine, which would link both facilities through a so-called activities tree
created by adjoining an existing outdoor meditation garden located under a
41 February 13, 2012
large oak tree. He commented that the concept should drive the design,
and attempt to create a sense of community among guest families, as
similar to a home setting as possible. He explained the proposed expansion
would be designed with the same architectural features and vocabulary as
the existing building with wood-frame construction on a concrete
foundation. He believed this project would be a positive contribution to the
community while adding interest to the skyline of the City.
Council Member Espinosa asked Staff to discuss zoning and possible uses
for the property down to El Camino Real.
Senior Planner, Russ Reich asked if his question was possible future uses for
the rest of the parcel or the part being rezoned.
Council Member Espinosa replied no.
Mr. Reich reported the current zoning was Community Commercial.
Council Member Espinosa inquired if that zoning applied all the way down to
El Camino Real.
Mr. Reich responded yes, but it had a landscape overlay.
Council Member Espinosa asked what the required setback from San
Francisquito was; if it became so narrow that there was a possibility of
development closer to El Camino Real.
Mr. Reich indicated there was a 50-foot streamside bank stabilization area
that came from the top of the bank. He stated Staff had not reviewed that
question to determine how narrow the property became at that end. He
reported there was a special 24-foot setback from Sand Hill. He said the
property became narrow at that point and there wasn't a lot of opportunity
for development.
Council Member Espinosa stated there was a likelihood of development at
least partway. He thought lots from the curve on probably would not allow
development. He understood this project was addressing a backlog, but
was trying to understand the increased need that came with the additional
growth of Children's Hospital. He inquired whether this project would
address anticipated need or current overcapacity.
Ms. Meir-Levi responded they had partnered with Children's Hospital to
bring in a medical strategic planning consulting firm. It was their
considered opinion that, including the Children's Hospital's expansion, the
42 February 13, 2012
Ronald McDonald House expansion should add between 65 and 70 rooms.
She stated the House expansion planned for 68 rooms.
Council Member Espinosa referenced correspondence from a member of the
public raising concerns about the process and the California Environmental
Quality Act (CEQA). He asked for the City Attorney's feedback on the
appropriateness of tonight's discussion.
City Attorney, Molly Stump stated the process was appropriate in that the
Council could initiate. It was one of the ways that these types of projects
could move forward under City Ordinances. She stated CEQA would flow
from the Council's decision. She had reviewed the comment and
understood the commenter's perspective, but did not believe there was a
problem.
Council Member Espinosa expressed concerns with families crossing San
Antonio to reach the mall and hospital. He asked if there had been
discussions, among Staff or with the applicant, regarding crossing
improvements, especially for people with disabilities, at the previous and
proposed sites. He knew the City was trying out new technology for
accessibility at crossings.
Mr. Williams reported Staff was aware of those issues at those intersections
and had alerted the Transportation Department, but had not studied that.
He indicated they would study it as part of the circulation network with the
project as it moved forward.
Public Hearing opened at 10:22 P.M.
Kate Yablonskly stated she was a social worker for the bone marrow
transplant team at Lucille Packard Children's Hospital, and was present to
offer her wholehearted support for the proposed expansion of the Ronald
McDonald House. She hoped to convey the urgency and desperation of the
need for more capacity at the Ronald McDonald House. She noted Lucille
Packard Children's Hospital funds provided to assist families with the cost of
hotels was quickly dwindling as it was close to the end of the month. Even
with the discounts, the cost of local hotels was prohibitively expensive for
more than one or two nights. She indicated she had been at Packard for
over four years, and Ronald McDonald House had always been a scarce and
precious resource.
Gloria Ramos introduced herself and her daughter, Ariana Ramos, who was
13 years old and had undergone a kidney transplant. She stated they were
currently staying at the Ronald McDonald House, and had tried to stay at
the Ronald McDonald House while locating a donor; however, the Ronald
43 February 13, 2012
McDonald House and nearby hotels were full. She reported they stayed in a
hotel quite a distance from the hospital which they could afford. She said
they had stayed at three different hotels before and after the transplant,
and at the Ronald McDonald House for three weeks. She explained Ariana
caught an infection and they had to move from the Ronald McDonald House,
which was absolutely crushing. She said the Ronald McDonald House was
phenomenal in providing opportunities for families to meet and share
stories. She noted organizations provided meals for families staying there.
The House had a computer room, weight room and activities for children.
She explained the Ronald McDonald House and its Staff was a tremendous
help and alleviated a lot of stress and frustration.
Ariana Ramos said the Ronald McDonald House provided activities for kids
such as the click room and the Riley pets. She stated people provided lunch
and dinner, and the House had shuttles and cares for trips to the hospital
and shopping.
Gloria Ramos added an additional benefit was walking to the hospital.
Bri Carpano-Seoane reported she was the Family Services Director at the
House, where she and her team provided services to the families and served
the families daily. She explained when a family stayed at the House for six
days, services such as massage therapy and scrapbooking seem sweet and
nice; and when that stay is beyond six days or 20 days, the opportunity to
provide community became a necessity. She stated what the House
provided could not be duplicated in a hotel, nor in a sleep space shared with
strangers. She said it was the opportunity to provide families with the
services needed so they could focus on their children's well being.
Mike Baird stated he was a CPA with an office on Park Boulevard and a
volunteer. He explained the click room mentioned earlier was a computer
room for kids. He reported the House created a playroom and other areas
for children to be involved in other interests. He noted it was amazing to
see whole families engage in conversations with distant family members
through Skype. He reported Ronald McDonald was affordable housing and
was world-class healthcare. He stated the number one discussion and
debate in America was quality healthcare and affordability, and Ronald
McDonald House represented quality healthcare and affordability.
Bern Beecham stated he was present as a Board Member of the Ronald
McDonald House Board and as a volunteer at the front desk every week. He
referenced prior discussion of families turned away and Children's Hospital's
future growth. He explained one of his tasks as a volunteer was to call
families turned away, which was difficult. He indicated the Ronald McDonald
House had negotiated rates with a few hotels; however, as the economy
44 February 13, 2012
slowly improved the number of hotel rooms was decreasing. He knew
families couldn't afford even the discounted rates at hotels. He noted the
Ronald McDonald House charged $10 per night, but didn't turn away anyone
who couldn't pay. He said the need was there for expansion and for the
families served. He noted the Council had many decisions to make based
on the facts of the issue and on how the proposal fit into zoning
requirements. With regard to intersections and crossings, he noted the
Ronald McDonald House provided shuttles to the hospital and shopping, and
made it possible for families not to travel throughout Palo Alto, which was a
benefit to the community overall. He looked forward to the Council
approving the Staff Recommendation.
Christopher Dawes felt he couldn't add much to the good comments
previously made. He appreciated the support behind the hospital renewal
project. He noted the construction was well underway and Council Members
would receive an invitation to the official groundbreaking in the fall. He
stated it was scheduled to open for patient care in December 2016. He
thought the project was very important to the hospital, patients and entire
community; and was a great resource which would be utilized and valued.
He strongly urged the Council to support the project.
Herb Borock commented two contradictory events were happening
concurrently. First Staff's recommendation was to initiate a rezoning.
Under that Agenda Item, he stated the Council couldn't rezone based on
what a project might be or the kinds of information presented this evening.
Second, he said the Council had treated this Item as if an applicant had
applied for rezoning rather than a recommendation from Staff for rezoning.
He noted Vice Mayor Scharff had given the applicant an opening statement
of 10 minutes and Council Member Espinosa had asked a question of the
applicant; however, there was no applicant on this Agenda Item. He
explained there was a project that had been segmented into two parts: one
part occurring tonight, and the other was the future Sight and Design
Review and CUP. He noted there would then be an Environmental Review
for the Council's action and for the applicant's action. He stated the only
justification in the Staff Report was that the process would give the Ronald
McDonald House the feasibility of moving quickly in order to avoid the need
to commit resources to purchase other sites. He stated this was not moving
forward quickly. He indicated the Ronald McDonald House had filed an
application for rezoning on October 27 and paid fees; however, the
application did not include the fees for an Environmental Assessment, a
CUP, or the Architectural Review. He thought Staff should have told them
they needed a Comprehensive Plan Amendment and suggested a Site and
Design Review, at which point the Ronald McDonald House could have
completed the application. He stated they would have already had the
hearings before the Planning and Transportation Commission, the
45 February 13, 2012
Architectural Review Board, and possibly the City Council. He didn't think
the main issue was not paying fees because the Council initiated the zoning.
He thought they and Staff wanted to believe the Council's action tonight
would approve the project before there was an Environmental Review or
application. He believed it was a bad idea and the Council should provide
clear direction to Staff that this was not the kind of report the Council
should receive.
Public Hearing closed at 10:42 P.M.
Mr. Williams stated the Code was clear that a zoning change could be
initiated by the City Council, by the Planning and Transportation
Commission or by the applicant. He indicated the applicant had made
application to the City in this case, and Staff felt it was appropriate to
initiate that through the Council, because of the nature of the request, the
public good being presented by this applicant, and prior discussions of
alternative sites. Staff thought it was important to receive initial feedback
to provide the applicant. He reported the Code was not clear regarding the
initiation process, but was very clear about the zoning process proceeding
through the Planning and Transportation Commission (P&TC) and then to
the City Council. Staff felt it was within the parameters and intent of the
Code to come before the Council for initiation of this application. Staff did
advise the applicant that a Comprehensive Plan Amendment would be
necessary, and indicated the Site and Design issue was a Staff
recommendation. He indicated the applicant would want to obtain the
whole package, including rezoning and Site and Design, because that was
needed for action by the Council. He noted Site and Design would be
performed when the Environmental Review was performed. He stated the
Council and P&TC would have the whole package of Environmental Review,
Site and Design, zoning change and Comprehensive Plan when the project
was next presented.
MOTION: Council Member Price moved, seconded by Council Member Burt
to accept Staff recommendation to initiate the rezone request from
Community Commercial with a Landscape Combining District (CC(L)) to
Public Facility with a Site and Design Combining District (PF(D)) and initiate
the request for a Comprehensive Plan Amendment from Streamside Open
Space to Major Institution/Special Facilities for 50 El Camino Real.
Council Member Price believed the Staff Report was clear in its presentation.
She appreciated the applicant's and public's comments. She stated it was
clear from the presentation that an expansion of Ronald McDonald House
was necessary and overdue to meet the increasing needs for extended
services for critically ill children and their families. She said it was
important that children and families in these circumstances have easy
46 February 13, 2012
access to advanced medical treatment and to support. She indicated the
Site Plan and Architecture and Design were well articulated and compatible
with the existing building and site characteristics. She was sure there would
be additional comments regarding the details of the design, but she was
impressed and thought it would be a wonderful project. She commended
the relationship between the outdoor space and the building. She stated it
was wrenching and moving to hear these stories and experiences, and she
could only imagine the extreme stress these families suffered in these
circumstances. She explained this project and the details before the Council
clearly illustrated the success, warmth and compassion of the program
designed to meet the extreme needs of ill children and their families. She
felt it was an impressive program, and Palo Alto was fortunate to have the
program in the community. She said it provided hope and a caring
environment and created a future for children and their families. She was
pleased to make the Motion and stated it was an exciting opportunity to
move forward.
Council Member Burt concurred with Council Member Price's statements.
For those concerned about additional development within the community,
he stated this project would likely demonstrate a net negative trip impact as
people would be walking and taking a shuttle rather than driving. He felt it
was an exceptional service, and it was important to recognize that. He said
Ronald McDonald House was supported by volunteers and donors within the
community and elsewhere as a basis of shared values. He thought taking
this initiative to help support the Ronald McDonald House was the least the
City could do, thought the Council wholeheartedly supported the Ronald
McDonald House efforts, and he looked forward to the task ahead and the
services to be provided.
Council Member Espinosa thanked everyone for attending. He was excited
by the project and glad the site had worked out. He commented the
proximity of housing to the hospital was important to the healing that takes
place. He stated the Council was not approving a project tonight, was not
usurping a process. He was glad the Council was able to publicly
acknowledge that it was excited to identify this site which was perfect for
the Ronald McDonald House.
Council Member Shepherd thanked the Ronald McDonald House supporters
for sitting through a long meeting. She stated the stories touched her heart
and reminded her of tours of Stanford Hospital and Children's Hospital. She
felt Stanford had an ability to create community and it was felt in the
hallways of the hospital. She indicated it was a very busy place and yet a
very kind and exciting place to be. She was grateful this particular site was
so close to Palo Alto and available to Palo Altans. She explained having this
accommodation was an appropriate use of this particular property at this
47 February 13, 2012
particular site. She didn't take it lightly that the Council was moving
property into the zoning category Public Facility, as it was intended for the
highest and best use of the community. She couldn't think of a better or
higher use for this site.
Council Member Schmid was delighted to participate in the initiation of this
project, and looked forward to the detailed review by the Planning and
Transportation Commission, Architectural Review Board and the
Environmental Review.
Vice Mayor Scharff found the applicant's and former Mayor Beecham's
stories moving. He stated it was a fantastic community asset and
appreciated their work.
MOTION PASSED: 6-0 Klein, Yeh not participating, Holman Absent
Council Member Questions, Comments and Announcements
Council Member Shepherd reported that Project Safety Net was recognized
in Western City Magazine. She also reported that she attended a recent
Santa Clara Valley Transportation Authority (VTA) Policy Advisory
Committee Meeting as an alternate. She said they announced 100 percent
of their electrical needs in their yard were met by solar energy. She said
the certified housing element requirement by the Metropolitan
Transportation Commission will not be advocated by the VTA. There had
been a proposal to redirect federal funds awarded to Palo Alto for the
California Avenue Project. They would need an option to redirect those
funds, and they have prepared two motions for the VTA board to redirect
the funds to the Highway 101 project for sound walls.
ADJOURNMENT: The meeting was adjourned at 11:02 P.M.