HomeMy WebLinkAbout2019-06-24 City Council Summary MinutesCITY OF PALO ALTO CITY COUNCIL
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Special Meeting
June 24, 2019
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:06 P.M.
Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka
Absent:
Agenda Changes, Additions and Deletions
None.
City Manager Comments
Ed Shikada, City Manager announced the 38th Annual Chili Cook-off would
return to Mitchell Park on July 4, 2019. City Hall's exterior was going to be
illuminated with red, white and blue lighting in recognition of Independence
Day beginning July 1 through July 4, 2019. Open House at the Municipal
Services Center was planned for July 5, 2019. The Twilight Concert Series
would kick off on June 29, 2019. The Magical Bridge Family Concert Series
was scheduled on Friday nights through August, 2019. The Children's
Theatre was going present Beat Bugs for three weeks beginning July 17,
2019. The Silicon Valley Safety and Preparedness Fair occurred at Stanford
Shopping Center on July 27, 2019. Agenda Item Number 30, the contract
amendment with AECOM, was going to return to the Council in August, 2019
for discussion.
Council Member Kou asked if Agenda Item Number 30 was continued.
Mr. Shikada replied no. Staff needed to do some follow-up work regarding
dates once the Council approved the contract.
Oral Communications
Sven Theisen noted global heating and climate crisis were the new terms for
climate change. Over the next several months, the Council faced decisions
around reach Codes. The Council needed move away from the use of fossil
fuels through the elimination of natural gas in homes and the
implementation of rebate programs for conversion from natural gas to
electric appliances.
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Minutes Approval
1. Approval of Action Minutes for the June 3 and June 10, 2019 Council
Meetings.
MOTION: Council Member Cormack moved, seconded by Vice Mayor Fine
to approve the Action Minutes for the June 3 and June 10, 2019 Council
Meetings.
MOTION PASSED: 7-0
Consent Calendar
Council Member Kou registered a no vote on Agenda Item Number 30.
Council Member Tanaka registered no votes on Agenda Item Numbers 5, 18,
30.
Council Member Cormack registered no votes on Agenda Item Numbers 28
and 30.
Mark Weiss, speaking regarding Agenda Item Number 18 requested an
explanation for changing the number of art pieces from four to three.
Justin Gorman, speaking regarding Agenda Item Number 25 supported a 25-
cent charge for reusable cups. The City needed to require businesses to
promote incentives and discounts for reusable takeaway containers. The
California Health Code allowed the use of reusable cups, and the language
should be included in the Ordinance.
Gloria Garcia, speaking regarding Agenda Item Number 25 advocated for a
25-cent charge for disposable cups, a ban on chemicals used in disposable
foodware and on the use of disposable foodware for onsite dining in the
Ordinance.
Hillary Glann, speaking regarding Agenda Item Number 25 remarked that
the Ordinance should require the use of reusable foodware because
compostable foodware required more energy to produce than plastic.
Radhika Dhall, speaking regarding Agenda Item Number 25 urged the
Council to include in the Ordinance no receipts except upon request, a 25-
cent charge for reusable cups, and a ban on plastic bags.
Roland LeBrun, speaking regarding Agenda Item Number 30 expressed
concern regarding the misinformation AECOM was providing the Council,
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particularly regarding tunnel diameter and the distance between tunnel
bores.
Karen Holman, speaking regarding Agenda Item Number 12 expressed
concerns about lighting in the Baylands.
Doug Kreitz, speaking regarding Agenda Item Number 12 understood night
lighting was necessary for safety and security; however, lighting in and
around buildings in the Baylands was creating hot spots. Signage was
brightly lit, and none of the lighting was diminished during late-night hours.
He requested the consultant visit the Baylands at night to evaluate the full
impacts of light on habitat, migration patterns, etc.
MOTION: Council Member Tanaka moved, seconded by Council Member
Kou, third by Council Member XXXX to pull Agenda Item Number 30.
MOTION FAILED DUE TO THE LACK OF A THIRD
MOTION: Mayor Filseth moved, seconded by Vice Mayor Fine to approve Agenda Item Numbers 2-30A.
2. Policy and Services Committee Recommends the City Council Accept
the Status Update of the Parking Funds Audit and Approve
Consolidation of Residential Preferential Parking (RPP) Program Funds;
and Approve Fiscal Year 2019 Budget Amendments in the Residential
Parking Fund and the General Fund.
3. Approval of Construction Contract Number C19174628 With AIMS
Companies in the Amount of $1,732,250 for Phase 2 of the Cross Bore
Verification, Inspection, and Assessment Program; and Authorization
to Execute and Negotiate Related Change Orders in the Amount of
$173,225, for a Total Not-to-Exceed Amount of $1,905,475.
4. Approval of Contract Number C19173720A With ARB, Inc. in the
Amount of $1,886,682 for Gas Service Replacement Project Fiscal Year
2019, Capital Improvement Program Project GS-18000, and
Authorization for the City Manager to Negotiate and Execute Related
Change Orders Not-to-Exceed $94,334, for a Total Not-to-Exceed
Amount of $1,981,016; and Approval of a Gas Capital Improvement
Fund Budget Amendment.
5. Approval of Contract Number C19171363 With Professional Account Management, LLC dba Duncan Solutions, in an Amount Not-to-Exceed
$627,000 Over a Five-year Term to Develop, Implement, Support and
Maintain a Parking Permit and Citation Management System.
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6. Approval of Professional Services Contract Number C19174525 With
BKF Engineers in the Amount of $158,560 for Land Surveying
Services, Including $14,400 for Additional Services, for a Total Not-to-
Exceed Amount of $172,960.
7. Approval of a new Memorandum of Agreement Between the City of
Palo Alto and Utilities Management Professional Association of Palo Alto
(UMPAPA).
8. Approval of Amendment Number 1 to Contract Number C17162020
With West Coast Arborists Inc. for Tree Pruning and Removal Services,
to Extend the Term by two Years (Through June 30, 2021) and add
$2,657,084, for a new Total Not-to-Exceed Amount of $7,359,534;
and Approval of a Fiscal Year 2020 Budget Amendment in the General
Fund.
9. Approval of Amendment Number 2 to Contract Number C16162262
With Biggs Cardosa Associates, Inc., in the Amount of $466,569 to
Provide Bidding and Construction Support Services for the Highway
101 Pedestrian/Bicycle Overpass Project (PE-11011), for a Total Not-
to-Exceed Amount of $2,417,759; and Adoption of a Resolution 9848
Entitled “Resolution of the Council of the City of Palo Alto to Approve
Modification of the Freeway Agreement Between the State of California
and the City of Palo Alto.”
10. Approval of Contract Number C20175131 With O'Grady Paving, Inc. in
the Amount of $1,836,214 to Provide Synthetic Turf Replacement and
Track Installation Services for the Cubberley Track and Field
Replacement Project, Capital Improvement Program Project CB-19000.
11. Adoption of the Fiscal Year 2020 Investment Policy.
12. Approval of Contract Number C19173981 With MIG, Inc. in the
Amount of $89,860 for six Months for Environmental Analysis of the
Baylands Comprehensive Conservation Plan.
13. Approval of Amendment Number 3 to Contract Number C14150694
With Mark Thomas & Company in the Amount of $100,058 for the
Charleston-Arastradero Corridor Project, Capital Improvement
Program Project (CIP) PE-13011.
14. Approval of an Agreement With Santa Clara Valley Water District in the
Not-to-Exceed Amount of $258,450 for Concrete Channel Lining Repair
Along Barron Creek.
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15. Approval of Contract Number C19175329 With American Asphalt
Repair and Resurfacing, Inc., in the Amount of $362,724, Plus a Five
Percent Contingency for Unforeseen Expenses for Tennis Court
Improvements at Rinconada Park to be Completed by August 9, 2019
(CIP PG-06001).
16. Approval of Amendment Number 2 to Contract Number C17166591
With Artist Susan Zoccola, LLC to Extend the Term to November 30,
2021 for the Design Development, Fabrication, and Installation of
Artwork Associated With the Charleston-Arastradero Corridor Project.
17. Approval of two Revenue Contracts With the City of Los Altos and the
Town of Los Altos Hills for the City of Palo Alto to Provide Animal
Control and Shelter Services for an Additional Five-year Term.
18. Approval of a Contract With Peter Wegner in the Amount of $716,000
for a 3-year Term for Fabrication and Installation of Public Art at the new Public Safety Building.
19. Resolution 9849 Entitled “Resolution of the Council of the City of Palo
Alto Setting the Appropriations Limit (GANN Limit) for Fiscal Year
2020.”
20. Approval of Contract Number C20175327 With Saviano Company, Inc.
in the Amount of $471,768, Plus a 10 Percent Contingency for
Unforeseen Expenses for Pickleball Court Additions and Tennis Court
Improvements at Mitchell Park (Capital Improvement Project PG-
06001).
21. Approval of a Cost Sharing Agreement With 2747-85 Park Boulevard,
LLC, in the Amount of $610,026 to Provide Reimbursement for Traffic
Signal Design and Construction Costs.
22. Policy and Services Committee Recommends the City Council Accept
the Enterprise Resource Planning (ERP): Data Standardization Audit.
23. Policy and Services Committee Recommends the City Council Accept
the Enterprise Resource Planning (ERP): Separation of Duties Audit.
24. Ordinance 5472 Entitled “Ordinance of the Council of the City of Palo
Alto Amending Title 5 of the Palo Alto Municipal Code to Repeal
Chapter 5.24 (Construction and Demolition Debris Diversion Facilities), and add a new Chapter 5.24, Entitled Deconstruction and Construction
Materials Management, to Establish Regulations Related to the
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Management of Deconstruction and Construction Debris and Materials
(FIRST READING: June 10, 2019 PASSED: 6-0 DuBois absent).”
25. Ordinance 5473 Entitled “Ordinance of the Council of the City of Palo
Alto Amending Title 5 of the Palo Alto Municipal Code to Establish
Regulations Related to Disposable Foodware Items and Other
Disposable Products at Food Service Establishments (Chapter 5.30),
and to Require the use of Compostable Produce Bags at Retail Service
Establishments and Farmers Markets (Chapter 5.35) (FIRST READING:
June 10, 2019 PASSED: 6-0 DuBois Absent).”
26. Approval of Amendment Number 1 to Contract Number C19172119
With Daryl D. Jones, Inc. dba Telecommunications Engineering
Associates (TEA) for $60,000 to Provide Services to the Public Safety
Building Architect and Additional Maintenance Costs for Fiscal Year
2019.
27. Approval of Amendment Number 3 to Contract Number C12142180
Between the City of Palo Alto (on Behalf of the Joint Powers Board)
and Midpen Media Center for Public, Education and Government (PEG)
Access Channel Support Services to Extend the Term to December 31,
2019.
28. Approval of Contract Number C19174653 With Interline Technologies
LLC for Software Development Services, and Creation of the
Commuter Wallet in Accordance With the Fair Value Commuting
Project in Cooperation With the Federal Transit Administration for a
Not-to-Exceed Amount of $184,040.
29. Approval of Amendment Number 2 to Contract Number C14152828
With MV Transportation to Extend the Term for six Months for
$216,185 to Operate the Palo Alto Free Shuttle Service on the Existing
Crosstown Shuttle Route Until December 2019.
30. Approval of Amendment Number 1 to Contract Number C18171057
With AECOM for Continued and Expanded Services for the Connecting
Palo Alto Rail Grade Separation Effort and to Increase Compensation
by $1,206,126 for a Total Not-to-Exceed Amount of $2,484,786.
30A. Adoption of a Revised Compensation Plan for Management and Professional Employees From July 1, 2019 Through June 30, 2020.
MOTION PASSED FOR AGENDA ITEM NUMBERS 2-4, 6-17, 19-27, 29
30A: 7-0
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MOTION PASSED FOR AGENDA ITEM NUMBER 5: 6-1 Tanaka no
MOTION PASSED FOR AGENDA ITEM NUMBER 18: 6-1 Tanaka no
MOTION PASSED FOR AGENDA ITEM NUMBER 28: 6-1 Cormack no
MOTION PASSED FOR AGENDA ITEM NUMBER 30: 4-3 Cormack, Kou,
Tanaka no
Council Member Kou understood the Council directed Staff to return to the
Council for a discussion of the scope of the AECOM contract. She thought
the Council may need to amend the contract.
Council Member Tanaka understood the committee would report to the
Council, not the City Manager, in Agenda Item Number 30. With respect to
Agenda Item Number 5, people told him Data Ticket was a preferred vendor,
and its bid was less than Duncan's bid. The Council received probably a
dozen emails from residents who opposed the amount of funds being
proposed for artwork at the new Public Safety Building (PSB). Spending the proposed amount of funds for art in light of the Budget deficit was
inappropriate.
Council Member Cormack did not believe the City was in the best position to
create commuter wallet software as indicated in Agenda Item Number 28.
There was no connection to the Transportation Management Association
(TMA) and no mention of bicycling. She opposed Agenda Item Number 30
because of concerns about Task 4, community engagement.
Action Items
31. Resolution 9850 Entitled “Resolution of the Council of the City of Palo
Alto Confirming Weed Abatement Report and Ordering Cost of
Abatement to be a Special Assessment on the Respective Properties
Described Therein.”
Public Hearing opened and closed without public comment at 5:41 P.M.
MOTION: Mayor Filseth moved, seconded by Council Member DuBois to
adopt a Resolution confirming the report and ordering abatement costs to be
a special assessment on the properties specified in the report.
Council Member Kniss noted the number of weedy lawns in the City and
expressed concern regarding fire.
Mayor Filseth inquired whether Staff had noticed a proliferation of weeds.
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Moe Kumre, Santa Clara County Weed Abatement Program answered yes.
Several residents mowed their lawns prior to the mandatory deadline but
failed to mow their lawns regularly.
MOTION PASSED: 7-0
32. PUBLIC HEARING: to Hear Objections to the Levy of Proposed
Assessments on the Palo Alto Downtown Business Improvement
District (BID); Adoption of a Resolution 9851 Entitled “Resolution for
the Council of the City of Palo Alto Confirming the Report of the
Advisory Board and Levying Assessments for Fiscal Year 2020 on the
Downtown Palo Alto Business Improvement District; and Adoption of a
Budget Amendment in the Business Improvement District Fund.”
Brad Ehikian, Palo Alto Downtown Business Improvement District (BID)
Board Member reported the annual report provided an overview of projects
and outlined the budget and plans for the upcoming year.
Council Member Cormack requested the purpose of the Reserve Fund.
Mr. Ehikian explained that the BID's Board was exploring the possibility of
hiring a part-time Executive Director or a consultant and of moving towards
a project-based organization so that more funding could be invested in
Downtown. Two potential projects were improvements to Lytton Plaza and
news racks.
Vice Mayor Fine noted the BID provided many services to Downtown
businesses. The proposed projects were commendable. A future Council
discussion of engagement and support of the business community may be
necessary.
Public Hearing opened and closed without public comment at 5:50 P.M.
MOTION: Vice Mayor Fine moved, seconded by Council Member Kniss to:
A. Approve the Resolution confirming the report of the Advisory Board
and levying an assessment for Fiscal Year 2020 on the Downtown Palo
Alto Business Improvement District; and
B. Amend the Fiscal Year 2020 Budget Appropriation Ordinance for the
Business Improvement District (BID) Fund by:
i. Decreasing the revenue estimate by $52,500;
ii. Decreasing the expense appropriation by $60,500; and
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iii. Increase the ending fund balance by $8,000.
Council Member Kou requested clarification of the expenditure of funds for
nominations.
Mr. Ehikian advised that the nominations had to be published in newspapers.
Council Member Kou requested an explanation of outreach and
communication.
Mr. Ehikian explained that the BID utilized social media and e-flyers.
Unfortunately, social media was suffering due to the lack of an Executive
Director. The BID chose to focus on special projects until the leadership
question was resolved.
Council Member Tanaka inquired regarding actions the Council could take to
make the BID more effective.
Mr. Ehikian indicated the Board would concentrate on special projects for the
coming year.
MOTION PASSED: 7-0
33. Ordinance Amending Chapter 5.20 (Refuse Collection) of Title 5 of the
Palo Alto Municipal Code Related to the Storage, Sorting, Collection
and Removal of Refuse, Including Restrictions on the Type and Color of
Refuse Collection Bags and Other Modifications to Make Waste Sorting
More Effective and Facilitate Monitoring; and Finding the Ordinance to
be Exempt Under California Environmental Quality Act (CEQA).
Brad Eggleston, Public Works Director reported the Council was not able to
consider changes to the Refuse Collection Ordinance on June 10, 2019 due
to a noticing issue. The proposed changes were not substantive or
significant. The most notable change was the requirement for commercial
facilities to use clear bags for garbage and blue-tinted bags for recycling.
MOTION: Council Member Kniss moved, seconded by Council Member
DuBois to:
A. Find the Refuse Collection Ordinance is exempt from the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines
Sections 15307 and 15308; and
B. Adopt the Refuse Collection Ordinance amending Chapter 5.20 of Title
5 of the Palo Alto Municipal Code (PAMC), related to the storage, sorting, collection and removal of refuse, including restrictions on the
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type and color of refuse collection bags and other modifications to
make waste sorting more effective and facilitate monitoring.
Council Member Kniss noted public comment regarding not being able to
utilize a reusable cup and charging more for cups. Some of the items were
able to be advanced more quickly.
Council Member DuBois inquired whether the required plastic bags were
readily available.
Chuck Muir, Zero Waste Enforcement Manager advised that clear and blue-
tinted bags were available online in various sizes.
Council Member DuBois asked if commercial clients were required to bag
waste before placing it in bins.
Mr. Eggleston answered no.
Council Member DuBois inquired regarding public notification and education
about the changes.
Mr. Muir indicated Staff would create outreach material to send to
businesses, post information on the website and work with GreenWaste to
distribute information.
Council Member Cormack requested the enforcement mechanism for the
Ordinance.
Mr. Muir advised that enforcement would be included in the auditing process.
Council Member Cormack asked about the frequency of audits.
Mr. Muir replied once a year. As efficiency increased, audits were to be
conducted more frequently.
Council Member Tanaka requested the consequences of a customer using
the wrong bags.
Mr. Eggleston indicated Staff would work through a process of voluntary
compliance. If customers were not using the correct colors of bags, City
Staff or GreenWaste staff were able to interact with the customer to ensure
the customer understood the requirements.
Council Member Tanaka asked if the Ordinance pertained to newspaper bags
and, if not, why not.
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Mr. Eggleston related that the Ordinance did not pertain to newspaper bags,
but Staff planned on working on it.
Council Member Tanaka expressed concern that the correct bags were not
available in local stores.
Mr. Eggleston reported Staff would investigate local availability of bags and
share information with customers. The correct bags were not widely
available, but Staff expected they would become available over time.
Council Member Tanaka proposed an Amendment to the Motion to exempt
businesses with fewer than 100 employees.
Council Member DuBois remarked that businesses with fewer than 100
employees could be most of the businesses in Palo Alto.
Council Member Kniss requested Council Member Tanaka provide additional
context for the proposed Amendment.
Council Member Tanaka commented that finding the correct bags would be another chore for businesses to accomplish. He had not found the correct
bags at Costco or in the Uline catalog.
Council Member Kniss was not comfortable with the proposed Amendment
because the point of the program was to do the best they could. Most of the
businesses in the City did not have 100 employees.
Council Member DuBois added that bagging recyclables was not mandatory.
Mr. Eggleston reported Staff had not analyzed the number of businesses that
would be affected by the proposed Amendment. Small to medium-sized
businesses, particularly restaurants needed the most help with sorting
recycling and composting.
Mr. Muir clarified that all businesses had difficulty sorting materials.
AMENDMENT: Council Member Tanaka moved, seconded by Council
Member XXX to exempt businesses with fewer than 100 employees.
MOTION FAILED DUE TO THE LACK OF A SECOND
Council Member Kou asked if the Ordinance would apply to residential
properties as well as commercial properties.
Mr. Eggleston clarified that use of the compostable bag applied to both
residential and commercial properties.
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Council Member Kou asked if single-family homeowners would have to use
the tinted bag.
Mr. Eggleston related that people who bagged compostable materials would
need to obtain green-tinted bags. The use of plastic bags for compostable
materials resulted in plastic bags entering the compost stream, which was a
problem.
Council Member Kou requested clarification of the self-haul provision.
Mr. Muir explained that anyone who wished to dispose of material would
have to utilize the City's contractor. The provision was intended to clean up
the waste stream and to allow Staff to track waste.
Council Member Kou asked if pricing for that was competitive.
Mr. Muir understood pricing was fairly competitive, but GreenWaste's fee
was slightly higher.
Council Member Kou inquired whether residential and commercial properties would be inspected.
Mr. Muir indicated mainly commercial properties would be subject to
inspection. During an audit, Staff needed access to waste containers.
Council Member Kou asked if Staff provided notice to businesses.
Mr. Muir answered yes and no. The length of the notice had to be short
enough to prevent businesses from cleaning up the waste and long enough
to provide some notice.
Council Member Kou asked if inspectors going onto commercial properties
could be considered trespass.
Mr. Eggleston reported the proposed Ordinance required businesses to
provide access.
Council Member Kniss requested the progress made toward the goals for
2030.
Mr. Eggleston believed the Single-Use Foodware Ordinance and the
Deconstruction Ordinance would advance the City toward its 2030 diversion
goals.
Council Member Kniss requested Staff provide the Council with an
Information Report regarding progress towards the Zero Waste goals.
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Mr. Eggleston advised that the State provided Staff with the waste diversion
percentage. If the State report was available in the next few months, he
was able to provide an Information Item to the Council using that
information.
MOTION PASSED: 6-1 Tanaka no
34. PUBLIC HEARING: Adoption of a Resolution 9852 Entitled “Resolution
of the Council of the City of Palo Alto Amending Utilities Rate
Schedules E-15 (Electric Service Connections), W-5 (Water Service
Connections), G-5 (Gas Service Connections), S-5 (Sewer Service
Connections), and C-1 (Utility Miscellaneous Charges).”
Public Hearing opened and closed without public comment at 6:15 P.M.
Council Member DuBois requested the rationale for charging a fixed fee.
Jimmy Pachikara, Acting Electrical Engineering Manager reported fixed
charges were utilized for standard services such as installation and connection of electric service. Staff provided customers with estimates of
fees for unusual services.
Council Member DuBois requested Staff comment regarding the large
increases.
Jose Jovel, Utilities Supervisor advised that fees did not increase since 2015,
but costs increased since 2015.
Council Member DuBois asked if the fees would remain constant until Staff
requested another increase or if the fees increased by some amount each
year.
Mr. Jovel indicated Staff would review fees in December, 2020 when labor
contracts were under review.
Council Member DuBois asked if the fee increases would be smaller with
more frequent increases.
Mr. Jovel replied yes.
Council Member DuBois inquired whether the Utilities Advisory Commission
(UAC) reviewed the proposed rates.
Dean Batchelor, Director of Utilities answered yes.
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Council Member DuBois inquired whether the UAC approved the rate
increases.
Mr. Batchelor responded yes.
Council Member Cormack inquired whether changes in accounting for
pensions were a component of the labor increase.
Mr. Batchelor advised that pension costs were included in fixed costs.
Council Member Cormack asked if market-based adjustments included both
labor costs and pension costs.
Mr. Batchelor replied that's correct.
Council Member Cormack requested to know the standard water meter size
for a residence.
Mr. Jovel related that a 1 inch meter would be sufficient for a residence with
a fire sprinkler system. If the existing service handled the capacity for a fire
sprinkler system, the homeowner did not have to pay an additional cost for installation of the service.
Council Member Cormack noted the City's fee was higher than other cities'
fees and wished to ensure the public understood the reason for the higher
fee.
Mr. Jovel reiterated that the fee was higher because of the cost recovery for
installing the service.
Council Member Kou asked if the fee would decrease if costs decreased.
Mr. Jovel replied yes.
Council Member Tanaka asked if fees were increased in 2017;, if fees were
increased, what was the difference between the proposed fees in 2015 and
the proposed fees in 2017.
Mr. Jovel clarified that the cost of Services Study conducted in 2014 and
resulting increases presented to the Council in 2015 pertained to Water, Gas
and Wastewater Connection Fees. In 2016, Staff recommended new electric
fees.
Council Member Tanaka related that he voted on the Electric Fees, and he
joined the Council in 2017. He questioned whether the fees were last
increased in 2015.
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Mr. Jovel corrected his previous statement saying electric fees had increased
in 2017. Some fees increased in 2015 and others in 2017.
Council Member Tanaka requested to know which fees increased in 2015 and
which increased in 2017.
Mr. Jovel reported the fees with the largest increases were last increased in
2015, and those fees pertained to water, wastewater, and gas connections.
Council Member Tanaka requested the annual percentage increase in fees.
An increase of 58 percent divided over four years was approximately 10
percent per year, which was greater than the rate of inflation.
Mr. Jovel explained that Staff studied the length of time required to install
certain types of service and found the amount of time was not accurate and
should be increased. Therefore, Staff added a couple of man hours to the
fee for installing those types of services in order to reach full cost recovery.
Mayor Filseth interpreted the comments as the prior fee did not achieve full cost recovery, but the increased fee achieved full cost recovery.
Council Member Tanaka recalled the reason for increasing fees in 2017 was
to achieve full cost recovery. He did not understand why the current
proposed increases were so high despite the 2017 fees supposedly achieving
full cost recovery.
Dave Yuan, Strategic Business Manager clarified that electric costs had
increased because of the recent labor contract. Some electric employees
received 10-30 percent increases under the contract; additionally the Water,
Wastewater, and Gas Fees had not increased since 2015.
Mayor Filseth understood labor rates increased faster than the cost of living.
MOTION: Mayor Filseth moved, seconded by Council Member Kniss to
adopt the Resolution amending five Utilities rate schedules which set forth
charges for utility connection and capacity charges and service calls: rate
schedule E-15 (Electric Service Connection Charges), W-5 (Water Service
Connection Charges), G-5 (Gas Service Connection Charges), S-5
(Wastewater Service Connection Charges), and C-1 (Utility Miscellaneous
Charges), effective September 1, 2019.
Mayor Filseth inquired whether the Finance Committee reviewed the
proposed rates.
Mr. Batchelor answered no.
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Ed Shikada, City Manager added that the Finance Committee should have
reviewed the proposed rates.
MOTION PASSED: 6-1 Tanaka
MOTION: Council Member DuBois moved, seconded by Council Member
Kniss to discuss Agenda Item Number 36 before Agenda Item Number 35.
MOTION PASSED: 4-3 Filseth, Kou, Tanaka, no
Council took a break at 6:36 P.M. and returned at 6:52 P.M.
36. Approval of: (1) the Re-issuance of the Fiber-to-the-Node (FTTN)
Request for Proposals to Begin a Multi-phase Fiber Network Expansion
to Support Advanced Metering Infrastructure (AMI), Supervisory
Control and Data Acquisition (SCADA) Systems, and Wireless
Communication Technologies for City Staff; and (2) the Sunsetting of
the Fiber and Wireless Citizen Advisory Committee (CAC) and
Assignment of the Utilities Advisory Commission (UAC) to Assume the Sole Advisory Role as the Public Input Forum for Fiber and Wireless
Expansion for Proposed Phases 1 and 2.
Jim Fleming, Senior Management Analyst reported in August, 2017 the
Council directed Staff to engage a management consultant to develop a
business case, prepare a high-level network design, evaluate financial
models for alternative use cases and identify potential partners and/or
service providers for a Fiber to the Node (FTTN) network for fiber and
broadband expansion. In June, 2018, Staff issued a FTTN Request for
Proposals (RFP) to retain a management consultant. Six firms responded to
the RFP, and Staff interviewed five firms. In November, 2018, the Council
encouraged Staff to align the FTTN business case with Area Median Income
(AMI) implementation. In January, 2019, the Utilities Advisory Commission
(UAC) supported reissuing the RFP to align the FTTN business case with AMI
implementation. The City's commercial dark fiber had a high market share
and brand awareness among organizations that needed the quantity and
quality of bandwidth provided by direct fiber connections. Customer
acquisition was particularly successful in the Stanford Research Park and the
Downtown area. The network's primary purpose was to support City
facilities and departments as well as critical municipal infrastructure. Connecting fiber optics to City systems enhanced essential City services.
The proposed RFP to retain a consultant for expansion of the fiber network
involved the implementation of a fundamental design principle to initially
leverage and expand the existing fiber backbone for AMI and Supervisory
Control and Data Acquisition (SCADA) systems, communication links and wireless communications for Public Safety and Utilities Staff. Subsequent
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phases included a strategy for cross-utility scenarios that integrated fiber
expansion with ongoing Capital Improvement Projects and supported Smart
City initiatives; all while evaluating Fiber to the Premises (FTTP)
opportunities. A larger and more geographically spread out fiber network
incentivized Internet Service Providers (ISP) to form a public-private
partnership with the City to deliver broadband and other services. Phase 1
involved preparing a high-level design and cost estimate for AMI, SCADA
and wireless communication support for Public Safety and Utilities Staff. In
Phase 2, the consultant prepared a detailed network design and cost
estimate including bid-ready construction drawings and standards, a bid-
ready package and bid evaluation assistance. Staff worked with the
consultant to develop local Ordinances, policies and construction standards.
In Phase 3, the consultant developed: 1) a business case and a high-level
design for FTTN and/or FTTP and future services; 2) conducted a community survey to measure interest and support for FTTP, undergrounding and
electrification; 3) prepared a market assessment of existing ISPs and
services in Palo Alto; and 4) evaluated public-private partnership
opportunities and funding models. In Phase 4, the consultant prepared a
detailed engineering design and cost estimate for FTTP. Potential scenarios
of Capital Improvement Projects that were integrated with future fiber
expansion included electric system underground conversion, electric system
aerial and underground rebuilds, fiber optic rebuilds, natural gas line
replacement, electrification and electric vehicle charging infrastructure.
Dean Batchelor, Director of Utilities advised that the Citizen Advisory
Committee (CAC) was formed to review the possible expansion of the fiber
network to the home. The UAC had a larger and wider perspective for
reviewing and planning capital projects and a broader experience with
multiple utilities, other than the CAC. The UAC was able to provide a forum
for wider community participation and outreach and greater oversight over
the CAC. Staff believed the CAC had fulfilled its purpose. Loren Smith was
a member of the CAC, was currently a member of the UAC, and had
experience in the telecommunications industry. Donald Jackson, another
member of the UAC, had an electrical engineering and computer science background and was familiar with fiber to the home.
Jeff Hoel assumed the cost for FTTN would be approximately $15 million.
FTTN did not include installing fiber infrastructure to pass premises, which
fiber to the home needed. FTTN did not provide any value to fiber to the
home and placed fiber infrastructure in locations that benefitted smart meters. There was no reason to combine FTTP with undergrounding. Staff
needed to design all FTTP and, if there was not sufficient funding, they
needed to determine which components of FTTP to omit.
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Herb Borock did not support reissuing the RFP because the two RFPs were
completely different. Before the Council acted on the second RFP, Staff
needed to recommend that the Council terminate the first RFP or award a
contract. He understood SCADA was already utilizing the fiber network. The
CAC was essentially ignored and had not fulfilled its purpose. The Council
needed to terminate the CAC but should not make the UAC advisory to Staff.
William Xuan remarked that FTTP needed purpose-built infrastructure and
said the UAC should not be the advisory body for FTTN or FTTP because of
the many tasks for which it was already responsible. The Council needed to
convert the CAC into an advisory body for the Council. A 20-year fiber
project was unreasonable. The FTTN proposal did not provide the service
the community wanted.
Council Member Kou requested clarification of the term collector.
Mr. Batchelor explained that collectors took readings from the water, gas, and electric meters and forward them to the billing system. Customers had
access to real-time data for their water, gas, and electricity usage. A
collector was a set of small antennas that was placed on a pole or
streetlight. The fiber network facilitated transmission of data between the
collectors and City systems.
Council Member DuBois inquired whether libraries, community centers, and
Palo Alto Unified School District (PAUSD) utilized the fiber network.
Mr. Fleming answered yes.
Council Member DuBois noted responses to the first RFP ranged between
$75,000 and $5.5 million, which seemed to indicate the vendors interpreted
the RFP differently or did not understand the scope of services. He inquired
regarding a possible reason for the wide range of responses.
Mr. Fleming related that vendors fell into two categories, consulting firms
and design and build firms. He remarked that the design and build firms
may not have understood the consulting services the RFP sought.
Council Member DuBois supported reissuing the RFP and looking for a firm
with design and construction experience. He liked the concept of leveraging
the network for multiple uses. The network design needed to anticipate
FTTP, but the previous Council Motion pertained to FTTN. He requested clarification of the vision for Phases 1 and 2.
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Mr. Batchelor reported AMI's use of the fiber network would push the
network further into neighborhoods because AMI collectors had to be located
near meters.
Council Member DuBois inquired whether people would think about FTTP
during the design of Phases 1 and 2.
Mr. Batchelor indicated the network would pass homes if the City had to
build overhead or underground portions of AMI in Phase 1. Phase 2 explored
the number of homes the network would pass and the collection of data for
AMI.
Council Member DuBois asked if the Utilities Department would bear the
costs of phases for AMI and SCADA.
Mr. Batchelor advised that the Fiber Fund would not bear the full cost of
building the system.
Council Member DuBois did not believe the Fiber Fund should bear the cost of electric upgrades or extra fiber for future networks. The cost of each
component of capital projects should be charged to the associated
department rather than each department equally sharing the costs of capital
projects.
Ed Shikada, City Manager reported the Council would decide the cost
allocation for the node portion of the work.
Council Member DuBois asked if FTTN would not occur until Phase 3 and he
also wanted to know when Phase 3 might begin.
Mr. Fleming concurred that Phase 3 was the FTTN component of the
incremental approach to fiber expansion. The estimated timeline for the
business case and high-level design included providing the UAC with a final
report and recommendations in the second quarter of 2020. The Council
was going to review a plan for all phases in the second quarter of 2020.
Council Member DuBois wanted to accelerate the project. Developing
engineering designs was a good step. Having the dark fiber network and
$25 million in the Fiber Fund provided the City with an advantage over other
cities. An elevated role for the UAC was important. He requested Staff's
rationale for not continuing the CAC.
Mr. Fleming remarked that there were competing interests on both sides. The CAC's mission was FTTP. The City was not considering building a fiber
network at the current time. The UAC's role was to oversee all projects;
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therefore, the UAC needed to provide the Council with a recommendation for
each phase of the project.
MOTION: Council Member DuBois moved, seconded by Council Member
Kniss to:
A. Approve the reissuance of a Fiber-to-the-Node (FTTN) Request for
Proposals (RFP) to begin a multiphase fiber network expansion to
support Advanced Metering Infrastructure (AMI), Supervisory Control
and Data Acquisition (SCADA) systems, and wireless communication
technologies for City operations. Additional tasks in the reissued RFP
(to address AMI, SCADA, and FTTN) will include detailed engineering
designs, construction cost estimates and construction bid support
services, and:
i. Direct Staff to return to Council with cost sharing plan; and
B. Approve the assignment of the Utilities Advisory Commission (UAC) to assume the sole advisory role and serve as the public input forum for
fiber and wireless expansion initiatives, and the sunsetting of the Fiber
and Wireless Citizen Advisory Committee (CAC).
Council Member DuBois requested Staff comment regarding the use of the
Fiber Fund for FTTP in Phases 3 and 4.
Mr. Shikada believed the business case would inform a determination of cost
sharing. Fiber was overkill for AMI; therefore, some incremental costs were
not necessary if the network was expanded for only AMI implementation.
Mayor Filseth inquired whether the Motion was intended to prohibit the use
of the Fiber Fund for FTTN.
Council Member DuBois answered no.
Council Member Kniss requested the status of the Google fiber project in
Kansas City.
Mr. Fleming advised that potential customers that had not signed up for
service were informed that Google Fiber would not be coming.
Council Member Kniss asked if the balance of the Fiber Fund was $25 million.
Mr. Fleming clarified that the balance was approximately $28 million.
Council Member Kniss commented that her goal was to extend fiber to the
home.
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Council Member Cormack inquired whether FTTN was a prerequisite for
FTTP.
Mr. Batchelor replied yes.
Council Member Cormack wondered which plan the neighborhoods would
favor.
Mr. Batchelor explained that the favored neighborhoods would depend on
Staff's recommendation for the number of collectors and the locations of the
collectors.
Council Member Cormack asked if the first four phases of the RFP were the
same four phases for construction.
Mr. Fleming indicated the consultant's scope of work would focus on those
four phases. With each phase, the consultant provided findings and
recommendations. The first two phases focused on utility improvements.
The first phase resulted in a high-level design and cost estimate. The second phase resulted in a more detailed design and cost estimate.
Mr. Shikada clarified that the slides depicted different functions of the
network.
Council Member Cormack asked if the RFP contained four phases and if
construction contained four phases. She thought the RFP scope of work
would result in the Council receiving a plan for fiber expansion.
Mr. Fleming advised that the consultant would provide some guidance
regarding the best way to roll out fiber expansion over a period of time.
Many factors had to be considered in preparing a network design.
Council Member Cormack encouraged Staff to talk about the problem the
project would solve. Integrating fiber with Public Safety and Utilities was a
thoughtful approach. Given that approach, the UAC should consider the
fiber project in the context of other projects.
Vice Mayor Fine questioned whether the purpose of the fiber project was to
expand fiber services to residents and businesses or to launch a new
enterprise or to complete a long-term project. He requested the rationale
for the business case coming in Phase 3.
Mr. Fleming suggested the business case was intended to identify whether
there was sufficient demand for alternative access to broadband to make a network financially sustainable.
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Vice Mayor Fine questioned development of the business case following
preparation of the high-level design and cost estimate.
Mr. Fleming reiterated that the initial approach was to align the network with
AMI.
Mr. Shikada clarified that completing Phases 1 and 2 would implement AMI
and build the network to the node as the base case; cost effectiveness was
measured from that point forward.
Vice Mayor Fine remarked that essentially there would be three phases,
SCADA and AMI, FTTN, and potentially FTTP. He requested an update
regarding neighborhood inequity when Staff returned to the Council with a
Cost-Sharing Plan.
Council Member Tanaka felt the community wanted faster service at better
rates, and he believed that should be the goal of the project. He inquired
whether Staff had compared the City's rates for fiber with other cities' rates.
Mr. Fleming indicated that comparison was part of the analysis conducted by
the consultant.
Council Member Tanaka remarked that one of the goals of the project would
be to create more competition and better service at a lower cost. He
concurred with comments that the business case should occur early in the
process.
Mr. Batchelor explained that Staff was looking for a business case that would
extend FTTN to FTTP and said Phases 1 and 2 involved connecting AMI and
SCADA and looking at wireless communications. In Phase 3, the business
case determined the cost for developing FTTP.
Mr. Shikada added that the first step was to expand the network to the
node, obtain better cost estimates, and create a design so that the
incremental cost of expanding the network to the premises could be
determined. Working in this manner provided a better estimate of the cost-
benefit for FTTP. The cost of FTTN was shared among the utilities, and the
business case investigated the cost to the fiber utility by extending the
network to the home.
Council Member Tanaka requested the cost of creating the RFP and Staff's
estimate of the cost to perform the scope of work contained in the RFP.
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Mr. Shikada advised that the cost of creating the RFP was basically Staff
time. The cost to perform the scope of work was subject to the RFP
responses.
Council Member Tanaka requested Staff comment regarding the order of
magnitude for the RFP's scope of work.
Mr. Shikada reiterated the range of proposals submitted for the first RFP.
The Council was going to have actual numbers when it reviewed a contract
for the RFP.
Mayor Filseth assumed the number of Staff hours to generate the RFP would
be comparable to those for other RFPs.
Council Member Tanaka inquired regarding the current state of
undergrounding.
Mr. Shikada indicated 20 percent of the City was undergrounded.
Council Member Tanaka wanted to know the plan for future undergrounding.
Mr. Shikada related that the absence of funding constrained the City's ability
to underground in the next few years.
Council Member Tanaka asked if Staff planned any undergrounding projects
for the next few years.
Mr. Shikada clarified that the pace of undergrounding was very slow.
Council Member Tanaka inquired regarding Staff's plans to utilize abandoned
natural gas pipelines.
Mr. Batchelor noted abandoned gas lines existed across 50 percent of the
City. Staff planned to talk with the consultant about using the abandoned
gas lines to extend the network further into neighborhoods.
Council Member Tanaka requested the maker of the Motion's thoughts
regarding moving the business case forward in the process.
Council Member DuBois believed Staff had responded to the proposition for
moving the business case forward. Under Staff's proposed timeline, the
business case was to have the "last mile" of expanding the fiber network.
He was interested in accelerating the process, and said the proposed process
provided the Council with a plan to expand fiber. The Council discussed
creating a business plan for fiber to the home, but the discussion did not go
well.
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Mayor Filseth commented that Staff's approach was pragmatic. Much of
Staff's efforts involved Risk Management because of the almost constant
evolution of technology. Using the build-out of utility infrastructure to
advance parts of FTTN was logical.
MOTION PASSED: 6-1 Tanaka no
35. PUBLIC HEARING / QUASI-JUDICIAL. 1700 & 1730 Embarcadero Road
[18PLN-00186]: Request for a Zoning Map Amendment, Site and
Design Review and Design Enhancement Exception to Allow the
Demolition of an Existing 18,000 Square Foot Vacant Restaurant
Building and a 15,700 Square Foot Audi Service Building, and
Construction of two new Automobile Dealerships Totaling 84,900
Square Feet. The Zoning Map Amendment Would Change the Zoning
Designation From CS(D) and PC to CS(D)(AD) for Both Parcels.
Environmental Assessment: Adoption of a Mitigated Negative Declaration, Including a Mitigation Monitoring and Reporting Program.
The Planning and Transportation Commission Reviewed and Made a
Recommendation for Approval on March 27, 2019.
Council Member Cormack disclosed she met one of the project's architect’s
on a bird tour where she viewed a sample of bird-safe glazing. She and the
architect did not discuss the project.
Council Member DuBois disclosed he discussed the project with Karen
Holman and Jeff Levinsky and had visited the site.
Council Member Kniss disclosed she visited the site a couple of times and
discussed the project with no one of note.
Mayor Filseth disclosed he visited the site and spoken with Karen Holman,
Jeff Levinsky, and members of the Planning and Transportation Commission
(PTC) and Architectural Review Board (ARB).
Vice Mayor Fine disclosed that he occasionally passed the site.
Council Member Kou disclosed she visited the site and spoke with Karen
Holman and Jeff Levinsky.
Council Member Tanaka disclosed he visited the site. While he had received
many calls regarding the project, he did not speak with anyone about the
project.
Jonathan Lait, Director of Planning and Development Services reported the
project included two properties. The proposed Mercedes dealership would
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be located at the corner of East Bayshore Road and Embarcadero Road,
which was 1700 Embarcadero Road. 1700 Embarcadero Road and the
adjacent site were previously zoned Light Manufacturing (LM), which was
approximately equivalent to Research, Office and Limited Manufacturing
(ROLM) zoning. The zoning was changed to Planned Community (PC) and
subsequently to Commercial Service (CS) with a Site and Design Review (D)
overlay. Approximately three years ago, the City Council reviewed an
application for a different Mercedes dealership at the location and
commented regarding the height, floor area, the Baylands Master Plan and
additional refinements. The current zoning for the property was CS(D). The
Comprehensive Plan contained a Land Use Designation for the property that
matched CS. An Audi dealership was located on the adjacent Embarcadero
Road property, which was originally zoned LM. Audi received PC zoning for
the property and subsequently an amendment to the PC zoning to apply the Automobile Dealership (AD) overlay. More recently, the Audi dealership
received administrative approvals to expand the showroom. The combined
properties totaled approximately 5 acres. The total gross floor area as
defined by the Municipal Code was approximately 100,000 square feet. The
proposed building's height was mostly 43 feet and below; however, some
areas of the building for stairs and elevator equipment extended to a height
of 50 feet. The applicant proposed 369 parking spaces. The applicant
sought to add the AD Combining District to the corner property and to
change the PC zoning to CS(D)(AD) zoning for the adjacent property. With
these changes, the two properties had consistent zoning. Site and Design
Review was required because of the D overlay. The project included a
Design Enhancement Exception (DEE) for relief from the City's build-to line
requirement. A large utility easement on the property precluded compliance
with the build-to line requirement. In reviewing the project, the ARB
recommended modification of building colors. The application did not
include signage, and signage required a separate approval. Staff worked
with a consultant to prepare a Mitigated Negative Declaration (MND) that
identified a number of significant impacts. All of the impacts were able to be
mitigated. The PTC reviewed the project on March 27, 2019 and commented regarding the size and mass of the building, compliance with the Baylands
Master Plan, and the appropriateness of the zoning. The PTC included a
number of conditions related to migrating birds and light levels in its
recommendation. The ARB held three hearings on the project. In the first
two hearings, ARB comments related to building mass, colors and materials, and concern about the Baylands area. In the third hearing, ARB comments
related to colors and materials, street trees, the curb ramp at the corner,
the green screen and perimeter landscaping. Public comments raised
concerns about the determination of floor area, size and mass, the
appropriate Land Use Designation, tree removal, height, noise, and
compatibility with the Baylands Master Plan. An At-Places Memorandum
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clarified the floor area issue. The correct total gross floor area was closer to
103,000 square feet. The total gross floor area was less than the allowed
gross floor area. The Municipal Code stipulated parking facilities that served
a permitted or conditional use were exempt from floor area. Two parking
facilities, one on each property, provided customer and employee parking,
and the second level of each parking facility was exempt from floor area.
Mayor Filseth noted the numbers in the floor area chart did not add up
correctly.
Mr. Lait clarified that the exempt floor area of 121,000 square feet was
incorrect. Staff believed an area containing approximately 2,000 square feet
needed to be deducted from the overall project square footage. The vaulted
portion of the Mercedes dealership contained a puzzle lift for storage of new
car inventory. Based on definitions provided in the Municipal Code, the
areas with the lifts were not considered floors of the building.
Mayor Filseth asked if the explanation of the lift areas related to Mr.
Levinsky's comments.
Mr. Lait replied yes. Staff agreed that at least one level of the lift area
needed to count toward floor area. This issue was able to be addressed
without substantively affecting the overall design of the building.
Council Member DuBois inquired whether this issue would increase the total
gross floor area from 103,000 square feet to 105,000 square feet.
Mr. Lait answered yes. The applicant was aware of the issue. The proposed
office space in the Mercedes dealership was able to be converted to a
showroom space to address the floor area discrepancy. The multiuse path
was an important connection for the City and served a number of users. It
was to be located on both private and public property and required the
removal of some mature trees. The trees were located within an easement,
which limited the height of vegetation to 15 feet. The project's compliance
with the Baylands Master Plan was considered throughout the review
process. The project needed additional work to attain consistency with the
Baylands Master Plan, and that work was identified in the conditions of
approval. The Municipal Code provided a process for Site and Design Review
applications. The first step in the process was PTC review. If the PTC supported the project, the ARB was to review the project and recommend
further refinement. Under the Municipal Code process, the ARB had three
opportunities to review a project before the project advanced for a decision.
A Site and Design Review application advanced to the City Council for a
decision. The ARB comments during the third hearing did not affect the size or placement of the buildings on the properties. Staff believed a Council
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discussion of policy concerns around the floor area was appropriate because
the buildings contained a great deal of floor area. To address the ARB's
concerns, Staff imposed a number of conditions of approval such that the
applicant under a separate application had to resolve the issues through an
ARB recommendation. This had the ability to be appealed by the City
Council. The conditions related to colors, parapet material, street tree
selection, the curb ramp, the green screen and perimeter landscaping. If
the Council supported the project, these conditions allowed the applicant to
proceed with construction drawings while addressing the conditions of
approval.
Steve Presson, Holman Automotive Company related that for the dealership
to be successful, an innovative parking system was needed. The lift system
allowed the storage of many vehicles in a small area.
Lyle Hutson, YSM Design advised that the automated storage system allowed vehicles to be stored indoors. He kept the building height below 50
feet. The applicant proposed a variety of trees and layers of trees. There
were 61 existing trees on the property, and the applicant proposed
increasing the number of trees to 126. The trees complied with PG&E
canopy requirements and City shade requirements. The two-way multiuse
path removed bicycles from Bayshore and Embarcadero Roads. A Sound
Study found noise from the carwash with mitigation measures complied with
the City's Noise Ordinance. Proposed lighting reduced glare and limited
overspill into the Baylands and street areas. Circulation around the entire
site was available for emergency and private vehicles. Offloading of vehicles
was accomplished onsite. The applicant proposed green screens or living
walls to transition from the site to the Baylands. Water was to be treated
before it reached the ground. The applicant met with the Parks and
Recreation Commission and the Parks Department in an effort to add trees
inside the Baylands area. The Audi dealership offered bicycles in place of
rental cars.
Cari Templeton, Planning and Transportation Commission indicated PTC
concerns related to multiple changes in zoning, volume of the building, the
suitability and compatibility of the project with the Baylands and bird migration. An advantage of the project was to increase City revenues.
Alex Lew, Architectural Review Board believed a majority of the ARB
members supported the project. The ARB was hesitant to recommend
approval of a project with many conditions of approval. The intent of the AD
overlay was to retain existing dealerships and to attract new dealerships to Palo Alto.
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Mayor Filseth requested the ARB's opinion regarding scale and mass of the
building.
Mr. Lew suggested four members of the ARB supported the proposed scale
and mass and one member opposed the scale and mass based on the
Baylands design guidelines.
Council Member Kniss inquired whether the ARB was willing to continue
working on the project.
Mr. Lew commented that the applicant was responsive to ARB comments.
The project was moving in the right direction and was far better than the
two prior projects proposed for the site. There were a few seemingly minor
but important issues that had to be resolved.
Council Member DuBois asked if the list of remaining ARB issues was correct
or if there were additional issues to be resolved.
Mr. Lew believed the list was complete.
Council Member DuBois asked if the ARB needed further review of lighting.
Mr. Lew reported the ARB was not in favor of a translucent material on the
parapet as the lighting caused the parapet to glow. In this way, the lighting
and the parapet material were related.
Public Hearing opened at 8:51 P.M.
Bill Ross speaking for Ian Irwin, Peter Rosenthal, Annette Ross and Ceci
Kettendorf observed that the Staff Report was inconsistent and incomplete
and, in some instances, did not fully inform the public regarding the
proposed project. The Staff Report attachments were not labeled. Condition
Numbers 12 and 31 in the Record of Land Use Action did not pertain to the
topics stated in the Staff Report. The Floor Area Ratio (FAR) calculations
were based on plans that were not available. The draft MND referred to a
revised project description that was not available to the public. Three
responsible agencies were not consulted. He suggested the draft MND be
recirculated.
Robert Moss remarked that many areas of the proposal were not adequately
reviewed and evaluated. The Council needed to return the project to the
ARB to resolve the ARB's outstanding issues. Not counting the car storage
area as part of floor area was bizarre and needed to be reconsidered. The exempt floor area had to be reconsidered because adding it to the proposed
floor area resulted in more than twice the allowed floor area. The project
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needed to be scaled down to be more compatible with the Baylands
environment. The proposed building was not compatible with nearby
buildings.
Herb Borock noted the sign program was not evaluated in the MND, but the
California Environmental Quality Act (CEQA) required an environmental
document to evaluate the whole project. At the final ARB hearing, the
applicant agreed to a continuance of the hearing rather than the ARB taking
action on the application. Staff's action to schedule the project before the
City Council was a violation of Section 18.30(g) of the Municipal Code and,
therefore, a violation of CEQA. The Council needed to remove the item from
the Agenda.
Mary Sylvester commented that the project was overly large and out of scale
with regard to surrounding buildings and the proximity to the Baylands. She
urged the Council to use the Baylands Master Plan as the guiding document for the project. Staff's proposal for security lighting needed to be defined.
Becky Sanders felt Staff's review of the project and the Staff Report suffered
from a staffing shortage in the Planning Department. The only advantage of
this project was a likely increase in City revenues.
Hamilton Hitchings related that the project clearly identified negative
impacts on the Baylands, and some of those negative impacts were not
mitigated. The proposed Mercedes dealership was 51 percent larger than
the prior Mercedes dealership project, which the Council rejected because of
it being too large. Staff had overlooked the fact that the project should
comply with the Baylands Master Plan. The project was not ready to be in
front of the Council.
Elaine Meyer felt the gateway to the Baylands was not an appropriate
location for such a huge commercial project. The public needed to know the
actual floor area of the proposed building and the proposed building's size in
comparison to nearby buildings. The Council or Staff was able to request
the applicant to prepare a 3-D model of the site and install story poles at the
project site.
Carol Kiparsky encouraged the Council to deny the project because of its
impact on birds.
Carla Carvalho suggested the Council resolve all issues with the project
before granting any zoning changes.
Karen Holman believed the appropriate Council action was to deny the
project. At the June 6, 2019 hearing, the number of ARB members
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supporting the project was not sufficient to approve the project.
Alternatively, the Council needed to return the project to the ARB with
direction for the project to comply with the Baylands Master Plan. The
Record of Land Use Action contained errors. The ARB did not evaluate
lighting for the project.
Beth Rosenthal objected to the project because the rules were not being
followed.
Jeff Levinsky noted the applicant did not provide contextual drawings and
massing information. Based on his calculations, the building was to be more
than three times the mass of neighboring buildings. The ceiling height of the
parking facilities was astoundingly high and not needed. The Council's
Packet contained drawings that were not available to the public.
Mr. Hutson clarified that the applicant was offered a fourth hearing before
the ARB and did not object to a fourth hearing. The applicant submitted a 30-page lighting plan and adjusted landscaping many times in response to
comments from Staff, PTC, and ARB. The ceiling heights needed to be taller
to accommodate taller Mercedes vehicles.
Public Hearing closed at 9:30 P.M.
Mayor Filseth inquired regarding the public comment that the Council Packet
contained drawings that were not available to the public.
Mr. Lait understood the shading of plans to illustrate floor area had been
updated following the June 6, 2019 ARB hearing and prior to the Council
meeting. The plan set provided to the Council was available to the public
through links on the City's website.
Vice Mayor Fine inquired whether the multiuse path could be constructed
without removing trees.
Mr. Lait reported Planning and Transportation Staff and the applicant had not
identified a solution that would allow the applicant to construct a path and
retain trees.
Vice Mayor Fine asked if the applicant proposed to plant trees along the
path.
Mr. Lait replied yes.
Vice Mayor Fine inquired whether the lifts could store multiple cars within the same vertical space.
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Mr. Lait responded yes.
Vice Mayor Fine requested the number of vehicles stored in one vertical
space.
Sheldon Ah Sing, Senior Planner answered five.
Vice Mayor Fine asked if vehicles' lights were permitted to remain on during
nighttime hours.
Mr. Lait indicated the Council could impose a condition prohibiting that.
Mr. Hutson reported the lights could remain on until the dealership closed at
10:00 P.M.
Vice Mayor Fine inquired regarding conditions of approval limiting
construction and excavation during peak traffic hours at the intersection.
Mr. Lait advised that the Council could impose such a condition of approval.
The Construction Management Plan routinely prohibited lane closures during
peak travel times. Limiting construction hours typically caused an extension of the construction period.
Vice Mayor Fine asked if the DEE pertained to a larger setback.
Mr. Lait replied yes. The applicant proposed a larger setback than required
by the Code.
Vice Mayor Fine inquired whether the Council could impose as a condition of
approval a stricter noise standard for the carwash.
Mr. Hutson reported the Noise Study found the existing ambient noise level
at the proposed location for the carwash was between 45 and 50 decibels.
Molly Stump, City Attorney requested time for Staff to study the technical
basis for imposing such a condition of approval.
Vice Mayor Fine felt the back corner of the property was a sensitive area as
it abutted the park. He inquired whether the ARB would review the green
screen.
Mr. Lait responded yes, as the green screen was conditioned.
Vice Mayor Fine requested possible solutions to improve the green screen.
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Mr. Lait relayed the ARB was concerned about the green screen because it
did not have sufficient information regarding the attachment and integration
to the building.
Vice Mayor Fine requested to know the 2016 Council direction.
Council Member Kniss requested the size of the hotel proposed for the site.
Mr. Lait recalled the proposed hotel contained four stories. A drawing of the
proposed hotel was contained in the slide presentation.
Council Member Kniss remarked that suggestions for the site included
housing, a park and a school. She seemed to recall that the prior dealership
application proposed a larger building than the current application.
Mr. Lait explained that the building in the prior application was taller and
contained more gross floor area. The prior building also contained more
exempt floor area.
Mayor Filseth inquired whether the volume of the current proposed building was greater than the prior application even though the height of the current
building was less.
Mr. Lait did not have the volumetric measurements to make a comparison.
The current application pertained to two sites with a dealership on each site.
The prior application pertained to a single dealership on a single site.
Council Member Kniss felt a bike path was important. She inquired whether
the ARB had reviewed the lighting plan.
Mr. Hutson advised that the ARB had reviewed the lighting plan.
Council Member Kniss estimated 500 to 1,000 vehicles were located on the
sites of the Audi and Mercedes dealerships and an adjoining dealership.
Mr. Hutson did not believe the sites would support even 500 vehicles. The
automated storage system needed to eliminate a sea of vehicles parked and
visible on the site.
Council Member Kniss inquired whether lowering the ceiling heights
eliminated the automated storage system.
Mr. Lait responded that fewer vehicles could be placed in the puzzle lift. At
some point, a lower ceiling height made the lift system infeasible.
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Council Member Kniss requested Staff comment regarding the allowable floor
area for automobile dealerships.
Mr. Lait explained that the allowed FAR for dealerships was 0.4 FAR. The AD
overlay provided at most an additional 0.2 FAR for the showroom.
Council Member Kniss commented that the area was not a gateway to the
Baylands but to an industrial area.
Mr. Ah Sing reported the hotel proposed in the prior application for the site
contained 118,000 square feet.
Mayor Filseth added that the current application proposed a 170,000 square-
foot building.
Mr. Lait stated that would be the total of proposed and exempt square
footage.
Mayor Filseth inquired regarding the square footage of the 2016 application
for a dealership.
Mr. Lait answered approximately 61,500 square feet in gross floor area.
Council Member Kniss requested the correct allowed gross and exempt floor
areas.
Mr. Lait indicated the correct floor areas could be found in the At-Places
Memo. The correct exempt floor area was 66,546 square feet for the Audi
dealership and 86,264 square feet for the Mercedes dealership. He did not
have the exempt floor area for the 2016 application, but believed it was
more than 86,264 square feet.
Mayor Filseth asked if the Mercedes dealership in the current application was
smaller than the Mercedes dealership in the prior application.
Mr. Lait responded yes.
Council Member Kou asked if the PTC had contextual drawings for the
application.
Mr. Lait advised that the PTC received a packet similar to the one provided
to the Council. The PTC received more detailed plans than the conceptual
drawings referenced in the Site and Design Review regulations.
Council Member Kou noted the ARB also received contextual drawings
because the ARB received the same information the PTC received. The
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project plans provided online did not contain the lighting report. She
inquired whether the applicant agreed to utilize bird-safe glass rather than a
film.
Mr. Lait answered yes.
Mr. Ah Sing advised that exterior finishes included bird-safe glass, frosted
fiberglass and paint color.
Council Member Kou requested clarification of nighttime lighting at security
levels.
Mr. Lait explained that lighting would be low level but sufficiently bright to
deter individuals from accessing the property.
Council Member Kou asked if interior lighting remained on during the night.
Mr. Hutson advised that the Code required some night lighting in buildings.
Francis Krahe, lighting engineer stated the California Building Code
stipulated lighting of 1 foot candle minimum for emergency egress and circulation after hours. Once operations ceased at 10:00 P.M., lighting
dimmed to approximately 10 percent of the illumination during business
hours.
Council Member DuBois asked if the display lights would remain lit after
10:00 P.M.
Mr. Krahe indicated the display lights would shut off or remain on at a
reduced level.
Council Member DuBois asked if lighting designed to outline the building and
roof would remain on throughout the night.
Mr. Krahe advised that roof lighting would comply with requirements for
egress lighting. If someone accessed the roof, lighting was going to
brighten. Once the person left the roof, lighting returned to the reduced
level.
Mr. Lait reported conditions of approval could align Building Code
requirements with Zoning Code interests. Following construction, Staff could
work with the applicant to ensure the dimming system did not result in glare
or unexpected light.
Council Member Kou felt the lighting would be too bright for birds because
the building was massive and covered with glass. Mitigation measures never
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fully resolved negative impacts. She requested clarification of the statement
that the proposed buildings would not be the largest in the area. The
volume of the building was approximately 51 percent greater than the
dealership in the previous application.
Mr. Lait indicated Staff had not performed a volumetric calculation.
Comparing the current application to the prior application for the site was
problematic because the prior application proposed one building on one site
while the current application proposed two buildings on two sites.
Mr. Ah Sing related that the building to the south exceeded the FAR. In
relation to the size of the lot, the building was larger than the proposed
building.
Council Member Kou asked if the project needed to be presented to the
Santa Clara County Airport Land-Use Commission, PG&E and Caltrans.
Mr. Ah Sing explained that correspondence from PG&E outlined its regulations for vegetation under its power lines.
Council Member Kou asked if the Packet contained comments from the Santa
Clara County Airport Land-Use Commission.
Mr. Hutson reported the Airport Land-Use Commission approved the project.
The project was not located within the Airport Land-Use Commission's
jurisdiction, and the proposed heights of the buildings were well below the
Airport Land-Use Commission's height requirement.
Council Member Kou inquired about Caltrans approval of the project.
Mr. Hutson indicated Caltrans did not have jurisdiction over any part of the
applicant's property.
Council Member Kou asked if the carwash would be monitored to ensure it
complied with the City's noise standards.
Mr. Hutson explained that the carwash was automatic. The doors closed
after a vehicle entered the carwash and did not open until the dryer blowers
shut off.
Council Member Kou asked if water from the carwash was dumped into
storm drains.
Mr. Hutson replied no. The water was recirculated and filtered for sand and
grease prior to its release into the sewer.
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Council Member Kou inquired about C-3 compliance.
Mr. Lait reported the Public Works Department evaluated C-3 compliance.
Mr. Hutson advised that all water was treated onsite.
Austin Hunt, Civil Engineer clarified that all water on the site was treated
before being discharged to the storm drain. If the project was constructed,
there was to be no runoff into the Baylands.
Council Member Kou requested clarification of CMR 9892 as she could not
find it.
Mr. Lait indicated CMR 9892 referenced a March, 2019 PTC meeting.
Council Member Kou remarked that an automobile dealership was
appropriate for the site; however, it needed to comply with Municipal Code
requirements and the Baylands design guidelines. Traffic circulation at the
intersection needed improvements. The Baylands Master Plan stated the
site was a gateway to the Baylands.
MOTION: Council Member Kou moved, seconded by Council Member XX to
deny the project.
MOTION FAILED DUE TO THE LACK OF A SECOND
MOTION: Council Member Kou moved, seconded by Council Member
DuBois to:
A. Direct Staff that the Council intention is to rezone the property to
ROLM(E)(D) (AD) overlay to accommodate the Mercedes/Audi
dealerships;
B. Direct Staff and the ARB to better incorporate the Baylands Master Plan
guidance for this sensitive location in the Baylands and as a gateway to
the Baylands: low, horizontal development, muted colors, parklike
qualities of Embarcadero Road, signage, lighting, etc.;
C. Direct Staff and ARB to retain the existing trees along East Bayshore
and also provide the bike/ped path (not specifying the location);
D. Direct Staff and ARB to reduce the height and perceived height of the
building by reducing floor heights and stepping in the parapet from the
edge of the building;
E. Direct the applicant to provide the context drawings as required;
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F. Direct Staff and ARB to specify what security levels of lighting means
and which lighting locations/fixtures would be utilizing this feature
including bollard style fixtures and the impact on the Baylands;
G. Direct Staff to confirm all lighting specs are provided to the ARB;
H. Direct the ARB to address the list identified in the Staff Report as ARB
concerns and any other considerations resulting from the changes
directed by this Motion;
I. Address FAR discrepancies that have been identified between and
among various documents describing the project including the MND,
Staff Report to Council, various;
J. Direct Staff to provide responses from the Airport Land Use Committee;
and
K. Direct Staff to include a TDM program for the project as was requested
of the prior auto dealership.
Council Member Kou felt the ARB should reconsider the Site and Design
Review and ensure compliance with the Baylands Master Plan. Zoning for
the site needed to be consistent with other parcels in the area.
Council Member DuBois advised that he supported the concept of remanding
the project to the ARB but not many of the details of the Motion. He
preferred providing the ARB with a framework for reviewing the project.
Mr. Lait thought the Council's interests for reviewing the project should be
explicitly stated if the Council chose to remand the project to the ARB.
Council Member DuBois supported the Motion if Subpart A was deleted and a
few of the other subparts were softened.
Council Member Kou asked if Council Member DuBois preferred to approve
CS zoning for the site.
Council Member DuBois did not believe the Council was addressing the
zoning by remanding the project to the ARB. He supported the Motion if
Subparts A and D were deleted.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to delete from the Motion Parts A and D.
Ms. Stump noted Staff would have comments regarding Subpart B of the
Motion.
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Mayor Filseth requested the meaning of Subpart G.
Council Member DuBois understood the discussion addressed the square
footage. He inquired whether the Baylands Master Plan and design
guidelines were considered throughout the review of the project.
Mr. Lait responded yes. Any development in the area was evaluated to the
Baylands Master Plan. In a number of aspects, the project attempted to
conform to the Baylands Master Plan. Additional work on landscaping, walls,
and signs was needed for the project to conform to the Master Plan.
Council Member DuBois noted public comment regarding a showroom being
located on the second floor.
Mr. Lait clarified that showrooms were limited to a height of 20 feet.
Council Member DuBois asked if the lighted stacker was considered a
showcase.
Mr. Lait did not consider the lift system a showroom component. If the lift system was considered a showroom, it needed to be removed.
Council Member DuBois asked if the ARB recommended approval of the
project at its June 6, 2019 hearing.
Mr. Lait stated the ARB had not made a favorable recommendation for the
project.
Council Member DuBois asked if the ARB specified any conditions of
approval.
Mr. Lait replied no.
Council Member DuBois asked if the ARB could recommend conditions of
approval if the Council returned the project to the ARB.
Mr. Lait answered yes.
Council Member DuBois asked if the sign program was before the Council.
Mr. Lait advised that consideration of a sign program at a later time was not
unusual. Elements of signage shown in the project did not comply with the
Sign Code.
Council Member DuBois asked if zoning of ROLM(AD) was appropriate for the
site.
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Mr. Lait indicated ROLM zoning was appropriate even though the applicant
did not request it. However, the AD overlay was not applicable to ROLM
zoning at the site.
Council Member DuBois asked if the Audi site was zoned ROLM(AD) at some
point.
Mr. Lait responded no. The Audi site was zoned LM.
Council Member DuBois requested clarification of which trees remained and
which would be removed.
Ken Puncerelli, LAI Design Group reported retaining the trees along the
multiuse path created an awkward intersection of the path with Bayshore
and Embarcadero. The applicant proposed removing ten mature trees along
the multiuse path and planting 20 larger trees to prevent the loss of
biomass.
Council Member DuBois asked if the trees near the corner would be removed.
Mr. Puncerelli answered no. The Chinese elm trees were located along the
southern and eastern right-of-way.
Council Member DuBois inquired whether the trees shown in purple on the
plans were new trees.
Mr. Puncerelli replied yes, native Western redbud trees.
Council Member DuBois asked if the large tree near the corner could be
saved.
Mr. Puncerelli believed that tree was in poor health and grew larger than
allowed by PG&E regulations.
Council Member DuBois inquired whether the existing trees and shrubs
between the two buildings would remain or be removed.
Mr. Puncerelli indicated a number of trees along the fence line would be
removed. The trees between the buildings were going to be removed.
Council Member DuBois asked why trees along the property line would be
removed.
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Mr. Puncerelli explained that the site had to be regraded for the bioswales.
Three trees at the rear of the property were to be removed and replaced
with six trees.
Council Member DuBois inquired whether the applicant would be amenable
to the Council specifying larger trees.
Mr. Puncerelli answered yes.
Council Member DuBois asked if the Council could request the environmental
report be recirculated for 20 days.
Mr. Lait reported the environmental analysis was studied at 106,000 square
feet; therefore, Staff felt the project studied was consistent with the
proposed project. The project description was not significantly different
from the proposed project. If new information caused Staff to identify a new
project impact or mitigation measure, the environmental analysis was going
to have to be redone. That was not the case for this project. Staff submitted the environmental document to the clearinghouse for submission
to Caltrans and PG&E.
Council Member DuBois inquired regarding the process for an MND.
Mr. Lait advised that Rincon Consulting had prepared the Initial Study. The
MND, public comments and responses were posted to the website.
Council Member DuBois believed a roundabout could improve traffic
circulation, but changing some of the traffic lanes would not be helpful.
Mr. Lait indicated the applicant could mitigate the impacts from the project,
while the City was considering a roundabout to improve traffic circulation.
Council Member DuBois noted the Baylands Master Plan stated the site was a
gateway to the Baylands. An automobile dealership was a reasonable use
for the site. The project had the potential to set a precedent for the area,
which would result in an urban looking gateway to the Baylands. His
concerns were the lighting conditions, mass and scale, findings, landscaping,
traffic impacts, and construction impacts. He wanted the ARB to make a
recommendation and review, in-depth, the conditions of approval. The
applicant agreed to use larger replacement trees. Perhaps the applicant was
able to submit contextual drawings. He asked if a Transportation Demand
Management (TDM) Program was needed for the project.
Mr. Lait indicated imposing an effective TDM Program on an operation about
automobiles was difficult.
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INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion new Part B, the language
“work with the applicant on specifying the use of larger trees in key
locations.”
Mr. Hutson asked if the intent of using larger trees was to shield the view
from the Baylands.
Council Member DuBois related that the concern was the number and size of
the new trees.
Mr. Hutson requested clarification of the comment regarding Bayshore.
Council Member Kou wanted to soften the view of the building from
Bayshore.
Mr. Hutson suggested the Council look at the renderings of the building in
the Packet because they showed the bottom of the building would not be
visible from Bayshore. The applicant discussed planting trees in the Baylands area in addition to those shown in the rendering and said the
applicant had already addressed the two concerns.
MOTION AS AMENDED RESTATED: Council Member Kou moved,
seconded by Council Member DuBois to:
A. Direct Staff and the ARB to better incorporate the Baylands Master Plan
guidance for this sensitive location in the Baylands and as a gateway to
the Baylands: low, horizontal development, muted colors, parklike
qualities of Embarcadero Road, signage, lighting, etc.;
B. Direct Staff and ARB to work with the applicant on specifying the use of
larger trees in key locations;
C. Direct the applicant to provide the context drawings as required;
D. Direct Staff and ARB to specify what security levels of lighting means
and which lighting locations/fixtures would be utilizing this feature
including bollard style fixtures and the impact on the Baylands;
E. Direct Staff to confirm all lighting specs are provided to the ARB;
F. Direct the ARB to address the list identified in the staff report as ARB
concerns and any other considerations resulting from the changes
directed by this Motion;
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G. Address FAR discrepancies that have been identified between and
among various documents describing the project including the MND,
staff report to Council, various;
H. Direct Staff to provide responses from the Airport Land Use Committee;
and
I. Direct Staff to include a TDM program for the project as was requested
of the prior auto dealership.
SUBSTITUTE MOTION: Council Member Kniss moved, seconded by Vice
Mayor Fine to:
A. Adopt the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program;
B. Adopt the Ordinance changing the zoning district on the subject
properties to CS(D)(AD); and
C. Adopt the Record of Land Use Action approving the request for Site and Design and a Design Enhancement Exception based on findings
and subject to the conditions of approval.
D. Direct Staff and the ARB to better incorporate the Baylands Master
Plan guidance for this sensitive location in the Baylands and as a
gateway to the Baylands: low, horizontal development, muted colors,
parklike qualities of Embarcadero Road, signage, lighting, etc.;
E. Direct Staff and ARB to work with the applicant on specifying the use
of larger trees in key locations;
F. Direct the applicant to provide the context drawings as required;
G. Direct Staff and ARB to specify what security levels of lighting means
and which lighting locations/fixtures would be utilizing this feature
including bollard style fixtures and the impact on the Baylands;
H. Direct Staff to confirm all lighting specs are provided to the ARB;
I. Direct the ARB to address the list identified in the staff report as ARB
concerns and any other considerations resulting from the changes
directed by this Motion;
J. Address FAR discrepancies that have been identified between and
among various documents describing the project including the MND,
staff report to Council, various’
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K. Direct Staff to provide responses from the Airport Land Use
Committee;
L. Direct Staff to include a TDM program for the project as was requested
of the prior auto dealership.
Vice Mayor Fine commented that the project was within the zoning as
proposed by the CS(D)(AD). The Motion approved the zoning change, the
MND, and the Record of Land Use Action, but the Council continued to have
many concerns about the project. He wanted to ensure Subparts A-C did
not conflict with Subparts D-L.
Council Member Kniss wanted the ARB to review the project within six
months, even though the Motion did not require that.
Council Member DuBois advised that adopting the conditions of approval
conflicted with directing the ARB to review the conditions of approval.
Vice Mayor Fine clarified that the conditions of approval required ARB evaluation of the project.
Mr. Lait reported if the Council acted on the Record of Land Use Action, the
applicant was going to have to file a new ARB application to address the
outstanding issues.
Vice Mayor Fine understood the Record of Land Use Action included a
provision that the applicant needed to file a new ARB application and was
able to meet with the ARB three times, in order to resolve the outstanding
issues. He inquired whether Staff had any concerns regarding Subpart D.
Mr. Lait interpreted Subpart D as the building footprint, size, height, and
volume was approved. Implementation of the Baylands Master Plan involved
further refinement of the landscape plan, a sign application, perimeter walls,
and colors.
Vice Mayor Fine reiterated that lighting was required by the Building Code;
however, Council Member DuBois voiced other concerns about lighting.
Mr. Lait added that Staff would verify FAR figures.
Vice Mayor Fine inquired whether the Airport Land-Use Commission would
comment on the project.
Mr. Lait did not anticipate the Airport Land-Use Commission was going to
issue anything determinative to the application.
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Vice Mayor Fine concurred with Mr. Lait's comment regarding imposing a
TDM Program on the project.
Council Member Kniss suggested Subpart L be deleted.
Mr. Lait offered to explore a TDM Program with the applicant.
Ms. Stump noted a conflict with Subpart D, with respect to "low horizontal
development," as that pertained to mass and footprint.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to remove from the Motion Part D the words “…
low, horizontal development … .”
Council Member Kniss suggested "park-like qualities of Embarcadero Road"
be deleted because Embarcadero Road was not park-like.
Vice Mayor Fine commented that the DEE to set back the building could
address park-like qualities.
Council Member Kniss proposed adding that the project would return to the Council in six months.
Mr. Lait advised that Staff had no control over when the applicant submitted
an application. The application before the Council was not expected to
return to the City Council except through an appeal. If the application
advanced through the process correctly, the Council was not going to review
the project again.
Council Member Kniss asked if the applicant understood the Substitute
Motion.
Mr. Hutson answered yes.
Council Member Cormack asked if the AD overlay specifically included a
connection to Highway 101.
Mr. Lait did not have information to respond to the question.
Council Member Cormack inquired regarding the expected lifespan of the
building.
Mr. Ah Sing reported the ARB had reviewed the project in relation to sea
level rise. The project complied with existing requirements.
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Council Member Cormack noted Staff was developing a plan for sea level
rise. She asked if traffic improvements could be constructed prior to
construction of the project.
Mr. Lait suggested the Council could require the improvements to be
completed prior to occupancy.
Ms. Stump expressed concerns about such a requirement.
Council Member Cormack asked if the applicant would pay the full cost of
traffic improvements.
Mr. Ah Sing indicated under the near-term scenario the applicant would pay
for and implement traffic improvements.
Council Member Cormack related that the proposed trees, Western redbud,
were deciduous and would alter the appearance of the building for a portion
of the year. She requested clarification of parking and storage on the roof
deck.
Mr. Lait clarified that vehicles on the roof deck would likely be screened from
view from the sidewalk. A taller vehicle would be visible from the sidewalk.
The new car inventory would be stored on the roof deck.
Council Member Cormack inquired whether the second At-Places Memo
resolved the issue of the new car inventory storage constituting floor area.
Mr. Lait reported the Council's Motion affirmed Staff's interpretation of the
issue.
Council Member Cormack commented that the beige color was more
compatible with the Baylands. She inquired whether public art was required
for the project.
Mr. Lait advised that the applicant elected to pay the In-Lieu Fee for public
art.
Council Member Cormack requested the height of the Stanford building
across East Bayshore from the project.
Mr. Ah Sing answered 35 feet.
Council Member Cormack requested an explanation of context drawings.
Mr. Lait believed context drawings would not be necessary as the Motion
approved the height, size and footprint of the building.
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Council Member Cormack inquired whether Subpart G was a subset of
Subpart H.
Council Member Kniss was amenable to combining the two subparts.
Vice Mayor Fine clarified that Subpart G pertained to security levels of
lighting and where that was used. Subpart H required confirmation of all
lighting specifications.
Council Member Cormack asked if the project included any up-lighting.
Mr. Ah Sing responded no.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to Motion Part C, “along with the correction
as recommended by the Architectural Review Board.”
Mayor Filseth remarked that the main difference between the Motion and
Substitute Motion was whether the project returned to the Council. The
public expressed concern regarding the accuracy of the MND; however, no one alleged anything that would materially change the MND. Changing the
zoning to CS was not unreasonable. He questioned the necessity of context
drawings if the Council approved the Site and Design Review. He asked if an
ARB recommendation, subsequent to Council approval of Site and Design
Review, was appealable, with regard to the project mass or scale and
whether it should be revised.
Mr. Lait explained that a subsequent ARB recommendation to alter, for
instance, the building height was to be presented to the Director. The
Director was to review the recommendation in light of the Council Motion
and make a determination. It was possible for the Director's decision to be
appealed. The ARB's recommendation was not consistent with Council
direction and the applicant's Site and Design entitlement.
Mayor Filseth asked if there should be conditions of approval for lighting.
Mr. Lait indicated Subpart D gave the ARB broad discretion to examine the
lighting plan to determine its consistency with the Baylands Master Plan and
impose conditions of approval. Security lighting was able to be conditioned
to comply with the minimum Building Code requirements.
Mayor Filseth inquired whether there could be a condition of approval that
the ARB was satisfied that security lighting would not have a negative impact on wildlife migration.
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Mr. Lait clarified that adoption of the MND meant the environmental impacts
were fully analyzed and that the lighting plan contemplated the impacts to
the Baylands.
Council Member DuBois understood the applicant would submit a new
application and asked if the lighting in the new application was subject to
ARB review.
Mr. Lait responded yes, but Staff would utilize the existing MND as the CEQA
document for the new application.
Council Member DuBois inquired whether conditions of approval could be
applied to the new application.
Mr. Lait replied yes.
Mayor Filseth asked if Subpart D and/or Subpart G could be part of
conditions of approval.
Vice Mayor Fine interpreted the issue as whether lighting should be added to the list of ARB concerns.
Mr. Lait indicated the Council could do that.
Council Member Cormack suggested the language of Subpart I covered the
lighting issue.
Vice Mayor Fine concurred.
SUBSTITUTE MOTION AS AMENDED RESTATED: Council Member Kniss
moved, seconded by Vice Mayor Fine to:
A. Adopt the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program;
B. Adopt the Ordinance changing the zoning district on the subject
properties to CS(D)(AD);
C. Adopt the Record of Land Use Action approving the request for Site
and Design and a Design Enhancement Exception based on findings
and subject to the conditions of approval, along with the correction as
recommended by the Architectural Review Board;
D. Direct Staff and the ARB to better incorporate the Baylands Master
Plan guidance for this sensitive location in the Baylands and as a
FINAL MINUTES
Page 48 of 48
Sp. City Council Meeting
Final Minutes: 06/24/2019
gateway to the Baylands: muted colors, parklike qualities of
Embarcadero Road, signage, lighting, etc.;
E. Direct Staff and ARB to work with the applicant on specifying larger
trees in key locations;
F. Direct the applicant to provide the context drawings as required;
G. Direct Staff and ARB to specify what security levels of lighting means
and which lighting locations/fixtures would be utilizing this feature
including bollard style fixtures and the impact on the Baylands;
H. Direct Staff to confirm all lighting specs are provided to the ARB;
I. Direct the ARB to address the list identified in the Staff Report as ARB
concerns and any other considerations resulting from the changes
directed by this Motion;
J. Address FAR discrepancies that have been identified between and
among various documents describing the project including the MND, Staff Report to Council, various;
K. Direct Staff to provide responses from the Airport Land Use
Committee; and
L. Direct Staff to include a TDM program for the project as was requested
of the prior auto dealership.
SUBSTITUTE MOTION AS AMENDED PASSED: 6-1 Kou no
State/Federal Legislation Update/Action
None.
Council Member Questions, Comments and Announcements
Council Member Cormack reported she participated in a tour of the Hetch
Hetchy water supply.
Vice Mayor Fine inquired whether the Residential Preferential Parking Permit
(RPP) Program for the Old Palo Alto neighborhood was on track for
November, 2019.
Ed Shikada, City Manager advised that the RPP was on track.
Adjournment: The meeting was adjourned at 11:46 P.M.