HomeMy WebLinkAbout2016-06-20 City Council Summary MinutesCITY OF PALO ALTO CITY COUNCIL
TRANSCRIPT
Page 1 of 116
Special Meeting
June 20, 2016
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:03 P.M.
Present: Burt, DuBois, Filseth, Holman, Kniss, Scharff arrived at 6:27
P.M., Schmid, Wolbach arrived at 5:15 P.M.
Absent: Berman
Closed Session
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Authority: Govt. Code Section 54956.8
Property: 4230-4270 Terman Drive, Palo Alto, CA 94306
Assessor’s Parcel Numbers 167-05-029 and 167-04-008
Agency Negotiators: James Keene, Lalo Perez, Hamid Ghaemmaghami
Negotiating Parties: Terman Associates, LP and City of Palo Alto
Under Negotiation: Potential Sale of City Purchase Option – Including
Price and Terms of Payment.
Mayor Burt: Our first item is a Closed Session which is a conference with
real property negotiators. The property is at 4230 to 4270 Terman Drive.
These are parcels 167-05-029 and 167-04-088. We will entertain a Motion
to go into Closed Session.
Council Member Schmid: So moved.
Council Member Holman: Second.
Council Member Kniss: Second, third.
MOTION: Council Member Schmid moved, seconded by Council Member
Kniss to go into Closed Session.
Mayor Burt: Motion by Council Member Schmid, second by Council Member
Kniss. Please vote on the board. That passes unanimously with Council
TRANSCRIPT
Page 2 of 116
City Council Meeting
Transcript: 6/20/16
Members Berman, Wolbach and Scharff absent. The Council will now go into
Closed Session.
MOTION PASSED: 6-0 Berman, Scharff, Wolbach absent
Council went into Closed Session at 5:05 P.M.
Council returned from Closed Session at 6:18 P.M.
Mayor Burt: At this time, the Council has returned from a Closed Session
Item. We have no reportable action.
Agenda Changes, Additions and Deletions
Mayor Burt: Our next matter is Agenda Changes, Additions and Deletions. I
believe we have none.
City Manager Comments
Mayor Burt: Our next matter is City Manager Comments.
James Keene, City Manager: Thank you, Mr. Mayor and members of
Council. A couple of items to report on the topic of single story overlays. I
did want to share that Amy French, the City's Chief Planning Official will join
the Fairmeadow Neighborhood Association at their meeting tomorrow night,
June 21st, to discuss the latest developments on the single story overlay
and design guidelines review that we are doing in Palo Alto. The meeting
will start at 6:30 P.M. in the Midtown Room of the Mitchell Park Library.
Ms. French will summarize the current process for single story overlays as
well as the outcome and status of recent and pending applications. She'll
also be able to answer some questions regarding the Individual Review
process for two-story homes and describe the City Council's direction
regarding the need for some kind of Eichler-specific guidelines or zoning
provisions. Folks interested in that subject, tomorrow night, 6:30 P.M. in
the Midtown Room in Mitchell Park Library. Secondly in the realm of Residential Permit Parking programs and challenges. Based on the Council's
direction to proceed with the next Residential Preferential Parking Program
(RPP) districts in Evergreen Park and Southgate, our Staff has been putting
together a game plan for community outreach and program development.
With the budget approval last week for the next Fiscal Year '17 budget, we
do have the resources we need to be able to support those two applications
TRANSCRIPT
Page 3 of 116
City Council Meeting
Transcript: 6/20/16
and that process. We'll be distributing a schedule and reaching out to
stakeholders this week. We'll provide Council Members with a summary of
the information we'll share with neighborhood representatives. We believe
that our experiences with the Downtown RPP program should allow for a
reasonably accelerated schedule. Initial community meetings for the new
programs are expected to begin this July. The Downtown program has been
going well, and City Staff will bring an update to the Council in August along with a resolution to expand the boundaries of the eligibility area so we can
capture the streets in Crescent Park that submitted an RPP petition earlier
this year. Finally, I did want to share and I will present to the Mayor that
the League of American Bicyclists has re-designated the City of Palo Alto as
a bicycle-friendly community at the gold level. This decision involved careful
review of our application in consultation with the local cycling community. It
is presented only to communities with strong commitments to bicycling.
There are only 24 other gold-designated communities in the United States.
The designation is valid for four years and will be due for renewal in the
summer of 2020. At that time, I have challenged our Staff, though, to be
sure that we move beyond the gold level to the platinum level. We would be
joining the Cities of Boulder, Davis, California, Fort Collins, Madison and
Portland, Oregon, in this elite category. According to the League's report
card, which they put out—I'll send the Council a copy of that—our strengths
when compared to other bicycle-friendly communities include the share of
our transportation budget we spend on cycling, active bicycle advocacy
groups, our bicycle advisory committee, the implementation of a bicycle plan
and the number of bicycle Staff to population. The things that are holding
us back from moving to the platinum level—I think these are worth sharing with the Council, because both your adopted Bicycle and Pedestrian Master
Plan and the funding you've put aside will really help us accelerate our
progress in these areas. They include the low miles of bicycle lanes on
arterials and major collector streets as a factor. Some lack of more bicycle-
friendly laws and ordinances is something we'll be looking at. The need for
more bicycle parking, something the Mayor repeatedly reminds me at every
opportunity. That's something that we can begin to accelerate. Right now
we actually provide that—we don't so much have a Master Plan as much as
have it being responding based upon requests. I asked our Chief
Transportation Official and our Planning Director today, let's put a marketing
and outreach program together that lets people know how they could easily
make the requests for more bicycle parking installation. We actually have a
higher number of crashes per 10,000 bicycle commuters, and we need to
look at how we get that down. The League specifically recommends that the
City—I apologize for actually being unfamiliar with this term. It sounds like
an Italian word. We create an open streets ciclovia-type event, repeal our
Bicycle Registration Ordinance, and better educate and inform adult
population on bicycling as a transportation alternative. With that, I will just
TRANSCRIPT
Page 4 of 116
City Council Meeting
Transcript: 6/20/16
come up here and present this to the Mayor, the Bicycle Friendly Community
Gold Medal.
Mayor Burt: This is a recognition to the community and to our Staff and all
of the volunteers in the community who actually make this happen. That's a
great recognition of all their work.
Mr. Keene: If I could just add that the Chief Transportation Official, Josh
Mello, and the team that Hillary Gitelman, Planning Director, is now assembling. I can tell you from working with them regularly they're fully
committed to taking us to the platinum level and beyond. Thank you.
Mayor Burt: Just as a follow-up to the City Manager Comments, I want to
share with the Council and the community that we'll be sending out an
announcement this week. I want to let the Council know and the public
know that our City Manager, Jim Keene, has been selected as the recipient
of the International City/County Management Association, the ICMA, as this
year's winner of the Award of Career Excellence. That's in recognition of his
35-year leadership in city and local government. ICMA is the premier
international organization of professional and local government leaders
establish this award in memory of Mark E. Keane, no relation and different
spelling. It recognizes an outstanding chief local administrator who has
fostered representative democracy by enhancing the effectiveness of local
elected officials and by consistently initiating creative and successful
programs. The ICMA highlighted Jim's lifelong commitment to public
service, his passion for sustainability, community building, civic engagement
and innovation to transform local government. Jim will be officially
recognized and honored in conjunction with the ICMA's annual conference
this fall. Let's all congratulate a really outstanding achievement. This is a big award.
Mr. Keene: Mr. Mayor, since you surprised me with that, but to inject a little
bit of humor. Afterwards, when I saw the comments from peers, I think the
one I enjoyed the most was from Chris McKenzie, the Executive Director of
the League of California Cities. He said, "The best way I could look at it is if
I had to be stranded on a desert island with a peer, I couldn't think of
anyone I'd rather hang out with than Jim." I thought that was a nice way to
describe our relationship. Thank you.
Mayor Burt: What would you build on the desert island?
TRANSCRIPT
Page 5 of 116
City Council Meeting
Transcript: 6/20/16
Oral Communications
Mayor Burt: Our next item is Oral Communications. We currently have two
speakers. If anyone else wishes to speak, they need to come forward now.
Our first speaker is Catherine Martineau. Welcome.
Catherine Martineau: Thank you, Mayor Burt. Good evening, Council
Members. Congratulations, Jim. Well done. I'm here to talk very briefly
about an item that you discussed with great thoughtfulness, I thought, at
the last meeting last Monday. This is the tree pruning cycle contract. First
of all, I want to say that we are very pleased, Canopy is very pleased—I'm
Catherine Martineau; I'm the Executive Director of Canopy. I should always
say that, not assume that everyone knows me. Canopy is very happy that
the park trees and open space trees are now part of the pruning and
maintenance contract. The park trees have been neglected for many, many
years. It's very good news that the contract has been enhanced that way. I
understand that the Council and the Staff recommend a 10-year cycle for
pruning of public trees. Certainly, it's much better than 15, so we're pleased
with that. We strongly advocate that the pruning cycle be taken back to the
seven years at the earliest opportunity. The consequences of an elongated
pruning cycle are not going to appear next year or the year after. It's most
likely and thankfully we will not have dramatic evidence of what this kind of
elongation is going to do. We know our arboriculture science as well as
urban forestry practice tell us that a longer cycle for the pruning cycle will
result in the deterioration of the canopy and the loss of some tree value as
well as an increase in liability exposure for the City and also the loss of
revenue generated by trees such as increased property tax, sales tax, some
fees. The extension of the pruning cycle is not the only question, though. I want to note that the type of contract the City has right now is very classic,
very standard. It does not allow for different pruning cycles for different
species of trees or ages of trees. For example, a tree that was planted this
year, in this planting season, may have to wait 10 years before it is pruned.
Really the ideal pruning time for a young tree is two or three years after
planting, and then another two or three years after that. That will allow for
the best possible structure of the tree and minimize future maintenance
costs. At a minimum, if I may—may I finish my thought?
Mayor Burt: Just wrap up if you can.
Ms. Martineau: At a minimum, I would encourage you to reexamine this
contract as soon as possible and look at whether we can have a better
structure of a contract with different pruning cycles for different types of
tress. Also, I just received before I left the office a letter from the State
TRANSCRIPT
Page 6 of 116
City Council Meeting
Transcript: 6/20/16
Urban Forester, John Melvin. He addresses some other questions that you
had raised last week. Thank you.
Mayor Burt: Thank you. Our next speaker is Bob Moss. We have three
more speakers, and that will close off the Oral Communications.
Robert Moss: Thank you, Mayor Burt and Council Members. We tend to
forget that in the late 19th century until about 1950, this area was known as
the Valley of Heart's Delight. It's the most fertile land in the entire world. All kinds of crops were grown here. If you look at an aerial photograph of
Santa Clara County and even into San Mateo County from the 1920s, '30s
and '40s, almost all you see is trees. The whole area was just orchards. In
the '50s and '60s, when we had the development explosion, almost all of
those trees were destroyed. You can see a few little remnants of the
orchards; the Maybell site is probably one of the ones that has the most
trees right now. A few of us kept some of those orchard trees. We have a
couple of them in our yard. One of them is a very nice, tall, ancient plum
tree. It's harvest season in the Valley of Heart's Delight, so I brought some
plums for all of you. I'll give these to the—the City Clerk will take them and
share them. Let me take a few out for the City Attorney; she didn't get
hers. Have a few and share them around.
Mayor Burt: Thank you. Our next speaker is Rita Vrhel, to be followed by
Fred Balin.
Rita Vrhel: Good evening. I'm going to continue the thought on trees.
We're a city of trees. Our motto is The Big Tree. The trees provide majesty
and shade and heritage to our community. People who come to this
community comment on our beautiful trees. Again, I would like to echo
what the Canopy representative said and ask that, while I was delighted that you did not dip into the reserve fund to balance the budget, perhaps some of
the hotel tax or perhaps some of the one percent for art or perhaps there
can be a campaign for citizen contributions or citizen sponsorship of trees.
Perhaps even there can be a citizen arbor group that would take on the job
of being trained to prune young trees which would not require a ladder and
potential liability. I walk in the Crescent Park area; and even coming down
Homer on the way to the meeting tonight, there are so many trees that are
compromised in our fifth year of drought. I had Maguire Tree Company
prune the City tree in front of my house. This magnolia, they cut it back,
and they gave it some sort of miracle fertilizer, which has really brought it
back to life. I think also that public education as to the use of a soaker hose
on the lawn for 12 hours every two weeks—Canopy can probably provide
additional information on this—will really help the tree while not wasting a
TRANSCRIPT
Page 7 of 116
City Council Meeting
Transcript: 6/20/16
lot of water keeping a lawn green. Trees have their roots in the lawn area,
not in the parkway. Having a green parkway does not provide as much for
the tree as having a soaker hose in the lawn. I'm hoping that you can go to
either a 5 or 7-year cycle for trimming trees, particularly in this time of
stress to the trees and look at alternative ways to keep our City of trees so
special. Thank you.
Mayor Burt: Thank you. Our next speaker is Fred Balin, to be followed by Bill Ross.
Fred Balin: Thank you. Fred Balin, College Terrace adjacent to Mayfield
Faculty Housing project. June 2014, 17-acre integrated 3-parcel application
here, required Phase 2 environmental site assessment for 8.5 acres, 1601
Cal. Ave. parcel missing, sampling of TCE in groundwater on adjacent parcel
not mentioned in environmental memo, project approved, permits issued,
construction begins. Nine months later, Spring 2015, hazardous materials
uncovered on the 1601 parcel. Six more months until the public is first
notified. Resident scramble for information begins. Applicant's risk
assessment and preliminary Department of Toxic Substances Control (DTSC)
approval suddenly appears. Application submitted for minor technical
corrections under both limited public review and environmental assessment,
includes a no-build zone, 29 houses moved, interior road adjustments due to
an unremediated contamination. January 2016, residents and their
consultant file response reports to DTSC. Our data analysis shows actual
spread of TCE is 300 feet, not 50. Why? Because the risk assessment is
based on a model filled with assumptions and black box factors. March
2016, applicant stands by its risk assessment, reaffirms that there is no risk
to College Terrace or need for additional testing. Residents engage an expert to measure vapor samples on College Terrace properties near the
development site. May 2016, protocol established, measurements taken.
Results in double-blind study submitted to DTSC on June 3rd. Follow-up
based on the studies suspended to deal with this premature rush to
judgment on the calendar. There are other required steps DTSC must still
undertake, review of preliminary endangerment assessment, public notice
and response to land use controls. The application is incomplete and should
be continued until such time as DTSC has completely and properly concluded
its work, and the application is filed under the proper section of the
Municipal Code. Thank you.
Mayor Burt: Thank you. Our next speaker is Bill Ross, to be followed by
one additional speaker, a late card, Stephanie Munoz. Stephanie Munoz.
TRANSCRIPT
Page 8 of 116
City Council Meeting
Transcript: 6/20/16
Stephanie Munoz: Good evening, Mayor Burt and Council. Thank you for
letting me speak. I want to express my gratitude and my admiration that
Palo Alto is considering retaining Buena Vista. I always thought it was
unworthy of Palo Alto to invite these poor, hardworking people to join Palo
Alto in holy municipality with the mental reservation that they could be
divorced once they had fulfilled their function of developing that little area.
I'm so pleased and so proud that you're planning to make it right. Thank you. Bye.
Mayor Burt: Thank you. That includes our Oral Communications.
Minutes Approval
2. Approval of Action Minutes for the June 6, 2016 Council Meeting.
Mayor Burt: Our next item is Approval of Minutes. We have Minutes for the
June 6th, 2016 meeting. Do we have a Motion to approve.
Council Member Kniss: Once again with reluctance.
Vice Mayor Scharff: Second.
MOTION: Council Member Kniss moved, seconded by Vice Mayor Scharff to
approve the Action Minutes for the June 6, 2016 Council Meeting.
Mayor Burt: Motion by Council Member Kniss, second by Vice Mayor Scharff.
Please vote on the board. That passes 7-0 with Council Members—8-0 with
Council Member Berman absent.
MOTION PASSED: 8-0 Berman absent
Consent Calendar
Mayor Burt: Our next item is the Consent Calendar. We have three
speakers. If anyone else wishes to speak, they need to bring the card
forward now. Our first speaker is Julia Keady, to be followed by Soroush
Kaboli.
Julia Keady, speaking regarding Agenda Item Number 12: Good evening,
Mayor Burt, Council Members. I'm Julia Keady. I'm one of the owners at
100 Addison. We are here to respectfully request a waiver from Ordinance
TRANSCRIPT
Page 9 of 116
City Council Meeting
Transcript: 6/20/16
5325, 5330 with the restriction of only retail use on the ground floor. In
May of last year, our tenants gave us notice, stating that Anthropologie was
leaving across the street, and they would no longer be viable in the antique
store, and they were leaving of their own accord. At that time, they were
paying $1.50 a square foot and still could not make ends meet. This was
never a really true retail store. This store was a consortium of antique
dealers who were dealing all over the place with their antiques and storing them there. They kept the door open because of the foot traffic that was
facilitated through Anthropologie. Upon getting their notice to vacate, this
property was placed immediately on the open market. We had an initial
client call us, tenant, who wanted to use the property as an office space. Of
course, we had to turn them down because we learned that we couldn't put
an office space in this building. The property has been heavily listed and
marketed openly to the restricted market that's available to take this
property. We have had interest. We have negotiated in good faith with
these interested parties. We haven't looked at the going rate Downtown.
We've looked only at the tenant and would it work and could we get the
building filled. Each time the tenants came, some of them with plans in
hand, went to City Hall, they were met with roadblocks. Roadblocks that
made it impossible for them to do their tenant improvements. Roadblocks
that made them realize that they couldn't go forward, that they'd never be
able to make it there with the investment they had to make. At the end of
the day, we're left one year later with four requests to the City Hall for a
waiver, so that we can open this property up to the full market and possibly
get an office user in the property, which is the highest and best use of this
property, which is contiguous to residential, single-family residences in Professorville. We want to provide them with a nice neighbor, someone
who's not going to make noise until 10:00 P.M. or 11:00 P.M. at night as a
restaurant would or a store that gets early deliveries with a truck in the
alleyway. We've made four requests. When we went and met with the City
Staff, my husband and myself, the owners of the property—we're not big
developers; we just needed to know how to do this, how to get a waiver.
We were told that—can I finish? Thank you. We were told that—we'd
owned the property for a long time, and $1 a square foot would be fine.
We'd be okay, and we'd be able to find a tenant. We asked for their idea of
what they'd like to see in there. They said a gym. We found a gym. They
made it too difficult for that gym to come in the property.
Mayor Burt: Thank you.
Ms. Keady: Thank you.
TRANSCRIPT
Page 10 of 116
City Council Meeting
Transcript: 6/20/16
Mayor Burt: Our next speaker is Soroush Kaboli, to be followed by Michael
Morris.
Soroush Kaboli, speaking regarding Agenda Item Number 12: Good
evening. My name is Soroush Kaboli. I live at Barbara Drive. I've been a
resident of Palo Alto for over 25 years, and I've been working as a
commercial real estate broker for over 30 years in Midpeninsula. The
subject property is considered well within the public transit corridor. While benefiting from said corridor, it unfortunately does not benefit from any of
the foot traffic that exists in Downtown. It currently has nine, off-street
parking stalls, and soon that number will increase to be 19. The world's
largest commercial real estate firm, CBRE, and I have been marketing this
property since June 1, 2015. I would like to correct the Staff's comment in
the discussion section of its report, in that this property has been marketed
without interruption and on a 24/7 basis since June 1, 2015 by utilizing the
customary methods in our industry such as electronic mailers to most
brokerage firms, email blasts to agents, and utilizing services such as
LoopNet and CoStar. Since then, we've had approximately 45 inquiries
about the subject property, most of which have been for office use. This
number has gone down with time as it has become clear to the brokerage
industry that the property can only be used for retail. While I am of the
opinion that other than no foot traffic, there are other major issues
associated with traffic safety, noise and other pollution issues associated
with a retail use at subject property. We've been open to all reasonable
offers and have worked diligently to procure a retail user for it. Our list
includes an offer from Sparkfactor Design, a product design development
consulting firm, within the first 10 days of our effort and another from JumpstartMD, a weight loss and wellness company, before the end of last
year. Unfortunately, the first one went away once they were told that they
cannot use the property as a creative office environment, and Jumpstart
gave up once the City told them that they could not utilize the back portion
of the property. It is also worth mentioning that other large, national
destination retailers, such as Anthropologie and North Face, have chosen to
relocate to Stanford Shopping Mall from Alma. Also worth noting that in one
of the hottest real estate markets in recent history, properties such as 101
Lytton, the SurveyMonkey building, has had difficulty renting their ground-
floor retail space. After almost three years of marketing, still has 1,586
square feet available. In conclusion, I would like to recommend to you to
consider an exemption to the current moratorium for the subject property.
Thank you.
Mayor Burt: Thank you. Our final speaker is Michael Morris. Welcome.
TRANSCRIPT
Page 11 of 116
City Council Meeting
Transcript: 6/20/16
Michael Morris, speaking regarding Agenda Item Number 12: Good evening,
Mayor Burt and Council Members. I want to thank you for taking the time to
listen to us today. My name is Michael Morris. I'm the other owner of 100
Addison Avenue. You heard from my wife earlier, and you've heard from our
broker. Quickly, being a second-generation Palo Altan and growing up in
this town and working in this town my entire career, the property that we're
talking about, since the '50s, has only had approximately six tenants. A car dealership, Southgate Motors, Dale's Auto Body, Hall's Auto Repair, Union
Auto Repair, all of them closed down. In 1999 University Distributors Inc., a
wholesale auto parts warehouse distributor opened up operations there.
They closed and liquidated their assets in 2001. In 2005, Addison Antiques
became a tenant in that building. The only reason, according to the owners
of Addison Antique, that they even considered leasing the building and
opening operations was that Anthropologie was across the street, a natural
draw for them. They told me point blank, "Your building is not what we
would want, not what we would envision. It's no street-front, nothing. With
Anthropologie across the street, we can probably make a go of it." When
they heard that Anthropologie was leaving this year or maybe next year and
their lease was up, they said, "Mike, we can't keep the business going if
Anthropologie leaves." They left. In reality, the only alleged retail store at
this location since the early '50s has been Addison Antiques. When
University Distributors opened up their auto parts warehouse in 1999, three
neighbors from High Street, who lived across the alley from the subject
building, came over and told me, because the Morris family owned the auto
parts warehouse, that they were very thankful that there wasn't going to be
air ratchets, air guns, chemical odor, loud noise. They were happy for that. As was said earlier, this is not a retail location. We're hoping that the
Council will accept our request for exemption. Thank you very much.
Mayor Burt: Thank you. We'll return to the Council. Council Member
Holman first.
Council Member Holman: I would like to pull Item Number 10 please.
Council Member Kniss: Second.
Mayor Burt: A third? I will.
MOTION: Council Member Holman moved, seconded by Council Member
Kniss, third by Council Member Filseth to pull Agenda Item Number 10 -
411-437 Lytton Avenue [14PLN-00489]: Appeal … to be moved to a date
uncertain.
TRANSCRIPT
Page 12 of 116
City Council Meeting
Transcript: 6/20/16
Mayor Burt: Item Number 10 is being pulled. Do we have a date tentatively
that that would be reconsidered or a timeframe if not a date?
James Keene, City Manager: I don't have the—we're talking about August
meeting. When you come back from your break, your first meeting is the
15th. The next one's the 22nd, and the third one is the 29th. I'll see if I
can get an exact meeting in just a second.
Mayor Burt: That helps with an approximate timeframe as well. Council Member Kniss.
Council Member Kniss: I would like to pull Item Number 12.
Mayor Burt: I'll support that. Do we have a third Council Member?
Council Member Wolbach: I'll (inaudible).
MOTION: Council Member Kniss moved, seconded by Mayor Burt, third by
Council Member Wolbach to pull Agenda Item Number 12 - Denial of a
Request for Waiver of the City's … to be moved to a date uncertain.
Mayor Burt: That is pulled at the request of Council Members Kniss, Burt
and Wolbach. Do we have any approximate timeframe in which that would
be reconsidered?
Mr. Keene: I think our recommendation would be that we schedule this for
a date uncertain at this point in time, Mr. Mayor. There's obviously no way
to get this back to you before your break. Your agenda next week on the
27th is completely full. I think it would be best at a date uncertain at this
point in time.
Mayor Burt: At the Committee as a Whole retreat, we had a discussion
around whether the Council would want to look at hardship cases related to
our retail moratorium as potential that these things can be considered in
context with each other.
Mr. Keene: I think the Council had recognized in a general sense an issue as
it related to our retail preservation policies. I do think that you would need
to—you'd be best served by having a discussion about this project in the
context of some of those potential policy considerations.
TRANSCRIPT
Page 13 of 116
City Council Meeting
Transcript: 6/20/16
Mayor Burt: We will consider the Consent Calendar with Items 10 and 12
removed.
Council Member Kniss: So moved.
Vice Mayor Scharff: Second.
MOTION: Council Member Kniss moved, seconded by Vice Mayor Scharff to
approve Agenda Item Numbers 3-9, 11, and 13-16.
3. Approval of the Renewal of a Public-Private Partnership Agreement Between the City of Palo Alto and TheatreWorks, Palo Alto Players and
West Bay Opera for the use of the Lucie Stern Community Theatre.
4. Approval of a Contract With Con-Quest Contractors, Inc., in the
Amount of $3,293,734 for Channing Avenue/Lincoln Avenue Storm
Drain Improvements - Phase III, Capital Improvement Program Project
SD-11101, and Approval of a Budget Amendment in the Storm
Drainage Fund.
5. Resolution 9604 Entitled, “Resolution of the Council of the City of Palo
Alto Approving a Professional Services Agreement Between the
Northern California Power Agency and the Cities of Palo Alto and Santa
Clara for Electric Transmission, Generation and Regulatory Consulting
Services for a One-Year Term.”
6. Approval of a Program Agreement With Motivate, LLC for the
Continuation of Bike Share Operations and Maintenance of Existing
Bay Area Bike Share (BABS) Equipment From June 30, 2016 to
November 30, 2016 While a Replacement Bike Share System is
Planned and Deployed.
7. Review and Approval of Concept Plans for Quarry Road and Transit
Center Bicycle and Pedestrian Improvements Consistent With the Stanford University Medical Center Development Agreement.
8. Approval of a Professional Services Contract With CAD Masters, Inc.
for the Ongoing Support, Maintenance, Development, and
Enhancement of the Geospatial Design and Asset Management System
for the Utilities Department in an Amount of $500,000 per Year for a
Total Amount Not-To-Exceed $2,500,000 for up to Five Years.
TRANSCRIPT
Page 14 of 116
City Council Meeting
Transcript: 6/20/16
9. Approval of a Contract With Graham Contractors, Inc., in the Amount
of $1,340,469 for the FY 2017 Street Maintenance Program Preventive
Street Maintenance Project, Capital Improvements Program Project
PE- 86070.
10. 411-437 Lytton Avenue [14PLN-00489]: Appeal of the Planning and
Community Environment Director's Architectural Review Approval for
the Construction of a new Three Story Mixed-use, Office and
Residential Building (two units) and a 1,417 SF Addition to an Existing
Historic Category 2 Residence on two Lots to be Merged. A two Level
Underground Parking Garage is Proposed to be Constructed Under the
new Mixed use Building Adjacent to the Existing Residential Building.
Environmental Assessment: A Mitigated Negative Declaration has
Been Prepared. Zoning District: Community Commercial Downtown
District and Pedestrian Shopping Combining District CD-C(P).
11. Approval of Acceptance of State Funding in the Amount of $424,000
for the Replacement of the City's 9-1-1 System.
12. Denial of a Request for Waiver of the City's Moratorium on Conversion
of Ground Floor Retail for the Property at 100 Addison Avenue.
13. Resolution 9605 Entitled, “Resolution of the Council of the City of Palo
Alto Calling a General Municipal Election for Tuesday, November 8,
2016.”
14. Approval of a Contract for On-Call Traffic Signal Equipment Installation
Services for Three Years in the Amount of $375,000 With Bear Electric
Solutions, Inc.
15. Approval of a Cooperation and Support Agreement With Friends of the
Magical Bridge Playground and Authorization to Remit $38,302 in Remaining Funds to the Friends for Playground Services and Activities.
16. Renewal of “Smart Cities” Partnership With Yangpu District, Shanghai,
China.
Mayor Burt: Motion by Council Member Kniss, second by Vice Mayor Scharff.
Please vote. That passes 8-0 with Council Member Berman absent.
MOTION PASSED: 8-0 Berman absent
TRANSCRIPT
Page 15 of 116
City Council Meeting
Transcript: 6/20/16
Action Items
17. PUBLIC HEARING: Resolution 9606 Entitled, “Resolution of the Council
of the City of Palo Alto Confirming the Weed Abatement Report and
Ordering Cost of Abatement to be a Special Assessment on the
Respective Properties Described Therein.”
Mayor Burt: Now we get to move on to our Action Items, the first being
adoption of a resolution confirming the weed abatement report and ordering
cost of abatement to be a special assessment on the respective properties
described therein. This is an annual process that we go through to renew
our Weed Abatement Ordinance. Who leads this from the Staff level?
Molly Stump, City Attorney: Thank you, Mayor Burt. There's no specific
Staff Report on this item. The Staff Report is complete. We invite Council's
Motion.
Public Hearing opened and closed without public comment at 6:55 P.M.
Mayor Burt: We have no cards from members of the public, so we need to
entertain a Motion. Is there Staff language on the Motion? This is a Public
Hearing. We have no cards, but I'm going to open the Public Hearing. With
no cards, I'll be closing the Public Pearing. We need to have a Motion to
approve the resolution, is our action. Correct?
Ms. Stump: Correct. Adopt the attached resolution, confirming the report
and ordering abatement costs to be a special assessment on the properties
listed in the report.
Mayor Burt: Do we have such a Motion?
Council Member Kniss: Such a Motion exists. Yes, I move it.
Mayor Burt: Motion by Council Member Kniss, second by Council Member
Schmid. Do you wish to speak to your Motion?
MOTION: Council Member Kniss moved, seconded by Council Member
Schmid to adopt a Resolution confirming the Weed Abatement Report and
order abatement costs to be a special assessment on the properties specified
in the report.
TRANSCRIPT
Page 16 of 116
City Council Meeting
Transcript: 6/20/16
Council Member Kniss: No, I don't, but I think this is a very important topic.
I'm delighted we've brought it up tonight.
Mayor Burt: Council Member Schmid, no. Please vote on the board. That
passes on a 7-0 vote with Council Member Berman absent and Council
Member DuBois not in the room.
MOTION PASSED: 7-0 DuBois not participating, Berman absent
18. Midtown Connector Feasibility Study and Direction Regarding Potential Bicycle and/or Pedestrian Paths Along Matadero Creek or Parallel
Routes.
Mayor Burt: Now, we get to move on to Item Number 18, which is the
Midtown Connector Feasibility Study and direction regarding potential bicycle
and/or pedestrian paths along Matadero Creek or parallel routes. Welcome
to our Staff, Mr. Mello and anyone else.
Joshuah Mello, Chief Transportation Official: Greeting, Mayor, Members of
Council. I'm Josh Mello, the City's Chief Transportation Official. This
evening I'm joined by our new Senior Transportation Planner, Chris Corrao.
Chris has been with us about five weeks now; he joins us most recently from
the City of West Hollywood. He's jumped right into both the Midtown
Connector as well as bike share and implementation of our bike boulevard
program. I want to welcome Chris. He's joined by Jeff Knowles, who is our
consultant with Alta Planning and Design. Jeff is going to walk us through a
very brief presentation, and then we're going to present our Staff
recommendation on how to move forward, given all that we've learned
through this feasibility analysis process.
Jeff Knowles, Alta Planning and Design: Mayor, Members of Council, thank
you very much for allowing us to present these findings. Also, happy first day of summer, as I might mention as well. Again, my name is Jeff
Knowles; I'm with Alta Planning and Design, a consultant hired by the City to
examine the feasibility of a trail between Alma Street and West Bayshore.
This process has been going on since 2014. Staff brought to this body
recommendations back in November of 2015. Direction was given back to
Staff and to consultants to do a couple of things. One was to look at a
hybrid alternative that would utilize portions of the Matadero Creek Corridor
that are usable, and identify the most practical alternative on a collector
street between Alma and West Bayshore. Between that time, we looked at
options for creating a shared-use path, which would be a path that allows
TRANSCRIPT
Page 17 of 116
City Council Meeting
Transcript: 6/20/16
pedestrians and bicycles together. We looked at options for a pedestrian-
only path. We also looked at those on-road collector streets that could
accommodate a Class IV or separated bikeway, something that would
simulate a trail on the street. Our evaluation criteria were looking at
minimum available widths. We looked at property ownership. We were
looking at safety standards along with utilities, both by the City's own
utilities and the Water District's since this is a Water District facility on Matadero Creek. We looked at Palo Alto's Bicycle and Pedestrian Plan
standards along with Santa Clara Valley Transportation Authority (VTA)
standards, the project funder for the grant. Then we looked at breaking up
the corridor—it's a 1 1/2 mile corridor from Alma to West Bayshore—into six
segments, A-F. This slide presents what culminates in months and many
Staff hours of research and analysis into our feasibility overview. I'm going
to walk through this very briefly, and then hopefully I'll have time for
questions. Segment A is from Alma to Waverley. This segment is a highly
constrained segment. Our analysis is that it would not work as an on-creek
corridor for bicycles or pedestrians due to maintenance ramps, houses that
are located right adjacent to the water. El Carmelo is a feasible on-street
alternative, and I'll get to that in just a moment. Segment B, Waverley to
Middlefield Road, has a constrained element for bicyclists; however, it is
perfectly feasible for pedestrians. There is an easement that limits access
for the shared-use path around the First Christian Church. The Keys School
is a K-8 school also located on that property that would have some issues
with allowing bicyclists through that property. Segment C is Middlefield
through Ross. Again, a perfectly feasible alignment for pedestrians;
however, constraint exists for bicyclists. The shared-use path through the Winter Lodge would result in a parking loss and a reconfiguration of that
parking lot. We're marking that as a constrained segment that would need
to be overcome through negotiation. Segment D, I can report happily that
this is perfectly feasible for both pedestrians and bicyclists. Segment E is
Louis to Greer. This section also has a physical constraint that would limit
bicyclists using the on-creek corridor. However, pedestrians can move
through this. It's a maintenance ramp issue. We're proposing an alignment
that I'll share with you in just a second through Seale Park. Finally,
Segment F is Greer to West Bayshore and onto the Baylands. This section is
a little unique from the other sections. This has a floodgate that would limit
access for a number of months a year, so seasonal access only, available
when the floodgates are not installed. What does this look like? For the
shared-use path option, we are proposing that the City evaluate El Carmelo
as that hybrid, on-street alternative for a shared-use path, examining the
sidewalk and creating a shared-use path along El Carmelo as an alternative.
Between Waverley and Cowper, you could create the shared-use path
condition; however, you still reach that constraint through Hoover Park and
the First Christian Church. The constraint would require a negotiation with
TRANSCRIPT
Page 18 of 116
City Council Meeting
Transcript: 6/20/16
the easement that the First Christian Church currently has with the Water
District along with configuring the Americans with Disabilities (ADA) access
for parking. The First Christian Church parking lot would have to be
configured, and a fairly substantial parking loss would be required. That's a
heavily constrained area. Again, the same with Winter Lodge. A shared-use
path could fit through if the parking lot could be reconfigured. In
conversations with Winter Lodge, early conversations, that was something that they were, at that time, not willing to entertain. From Ross to Louis, as
I mentioned, is completely perfect. You could build that tomorrow. From
Louis to Greer, we believe that it is feasible to go from Louis to Maddux
through Seale Park using the existing path that exists, and then on Maddux
as an on-street facility. Segment F could be a shared-use path from Greer
to West Bayshore. For the pedestrian-only path option, I can report that
very few constraints exist. If you wanted to make a pedestrian-only path
from Alma to West Bayshore, the only really constraint that exists is that
seasonal access from Greer to West Bayshore. In this examination, we also
looked at all of the crossings that you'd have to make between Alma and
West Bayshore. We looked at evaluating a couple of different options. One
was a low-volume crossing, essentially everything except for Middlefield
Road. We presented some prototypes for consideration by the public and by
Staff. A low-volume crossing could include a raised crosswalk, curb
extensions, rectangular rapid-flashing beacons which is a user-activated
button that essentially simulates a traffic control feature. These along with
advanced markings and advanced signage could help create a safe, midblock
crossing condition at those low-volume crossings. For Middlefield Road, a
slightly different condition. We'd also recommend a raised crosswalk. In this one, instead of a rapid-flashing beacon, you could create a pedestrian
hybrid beacon. This is similar to something called a HAWK where users
would initiate a red light sequence. You could also create a pedestrian
refuge island, shown there in the bottom figure. We heard from the public
quite a bit of concerns about privacy, about safety along the proposed trail.
Through our research, looking at safety, we looked at national statistics, we
looked at also other trails in the Bay Area that had creek-side trails behind
residential homes. From that analysis and from national literature, the
report that we came back with in the Feasibility Study and in the Staff
Report is that creek trails like this, we cannot say for certain that it's going
to increase crime. We can say for certain that it's probably not going to
have any effect other than the crime that already exists in the surrounding
neighborhood. That's from literature that we've been able to pull together.
For privacy concerns, I'm going to get to some cost estimates in just a
minute. The privacy concerns should be eliminated in that cost estimate
where we're allowing for additional privacy fencing at a height to be
negotiated, if this project were to move forward, with each landowner along
the way. The privacy fencing exists today from as low 4 1/2 feet, 5 feet up
TRANSCRIPT
Page 19 of 116
City Council Meeting
Transcript: 6/20/16
to 8 feet tall. In the cost estimate I prepared, that could be afforded to
allow more privacy. This is an image also along the creek showing how
natural vegetation has been used to provide additional privacy for
homeowners. The cost estimates that we prepared for the shared-use path
includes all segments that were feasible, including those midblock crossings,
would be a total of $4.9 million. The pedestrian path only option would be a
total of $3.4 million. In addition to looking at the on-creek and hybrid alternative options, Council asked for on-street alternatives on collector
streets. We evaluated Colorado Avenue along with Loma Verde. East
Meadow Drive is something that City Staff are looking at as a separate
project. Colorado Avenue is 36 feet from curb to curb. It has a parking
lane, a shared sharrow and travel lane, and a bicycle lane. We did not take
this any further for consideration due to the fact of its limited width. There
wouldn't be room to do a separated, Class IV facility. Instead, we looked at
taking Loma Verde, which is 40 feet from curb to curb, as a viable
alternative. From Bryant to Louis on Loma Verde, you have a parking and
bicycle shared lane on the north side of the street. You have two travel
lanes, and you have a bike lane 6 feet on the south side that essentially
allows for parking at night, but during the day it functions as a bike lane.
On either ends of the corridor from Loma Verde, you have two 20-foot
shared travel and parking lanes. The configuration that we came up with,
Cross Section Number 1, is to retain that parking lane on the north side of
the street. You would still have a 19-foot travel way, and we'd create a
separated, raised median, Class IV cycle track, so a two-way cycle track with
that protection from moving traffic. Essentially, you're taking the bike lane
on the north side and consolidating it with the bike lane on the south side. This is a visual simulation of what that could look like. It's early in the
stages, so that separation could take many different forms. We're showing
here planters; however, that could take lots of different looks and feels,
planted or not. An issue with this configuration are the number of driveway
crossings; there are roughly 65 instances where a Class IV facility would
cross driveways. As it stands today, the bicycle lanes plus sidewalks, people
using those driveways already have to look in both directions and look for
bicycles in one direction. This would be adding a bicyclist moving in a
different direction. This is a treatment from national standards that show
how these driveways could be marked to alert different users of that
potential crossing conflict. The cost estimate for the Loma Verde Avenue
Class IV, protected bikeway would be roughly $2 million. At this point, I
want to turn things back to Josh.
Mr. Mello: Thank you, Jeff. That brings us to our recommendation. We did
go to Planning and Transportation Commission last month, and we presented
basically this exact same presentation and a draft of the Feasibility Study.
TRANSCRIPT
Page 20 of 116
City Council Meeting
Transcript: 6/20/16
The Planning and Transportation Commission after some discussion
recommended that we proceed with a hybrid, shared-use path and
pedestrian path. What they recommended was to construct a shared-use
path where feasible, and then in the segments where a shared-use path was
not feasible to install a pedestrian-only path, which is narrower and can be
fit in some of the segments where a shared-use path cannot be
accommodated. They also recommended that we not pursue the Loma Verde Avenue Class IV, separated bikeway. They along with the City/School
Traffic Safety Committee and Palo Alto Bicycle Advisory Committee (PABAC)
expressed concerns about the number of driveways and how the two-way
bikeway on one side of the street would interact with motor vehicles and
pedestrians and other roadway users at intersections along Loma Verde.
They were worried about the wrong-way riding in the two-way facility.
We've done a lot of thinking since our presentations to PABAC, the
City/School Traffic Safety Committee as well as the Planning and
Transportation Commission. What we're recommending tonight is a four-
part recommendation. The first is to adopt the Midtown Connector
Feasibility Study, which is attached to the Staff Report. The second is to
direct Staff to complete plans, specifications and estimates for a shared-use
path along the Matadero Creek Channel and through Seale Park between the
planned Ross Road bicycle boulevard and the U.S. 101 creek undercrossing.
This is only Segments D, E and F, only from Ross Road east to the Baylands.
Part 3 of the Staff recommendation is direct Staff to work with the Santa
Clara Valley Water District to provide seasonal access for bicyclists and
pedestrians through the U.S. 101 creek undercrossing. This would function
similar to our existing Adobe Creek undercrossing. It would only be open outside of the winter rainy season. It would be able to provide access for
both pedestrians and bicyclists under 101 to the Baylands recreation area.
The fourth part of our recommendation is to direct Staff to complete an
alternatives analysis, a project study report also known as a PSR, and an
environmental analysis for an Alma Street/Caltrain
overcrossing/undercrossing at a location somewhere between Colorado
Avenue and Loma Verde Avenue. This would be an Across Barrier
Connection to connect the Midtown neighborhood to the Park Boulevard Bike
Boulevard, the Margarita/Matadero Avenue and Bol Park Path, creating a
really great east-west connection. It's worth noting that both the
undercrossing at 101 and the potential overcrossing/undercrossing at Alma
and Caltrain are in the draft list for VTA sales tax funding under the bike/ped
category that was just approved by the Board back on June 2nd. I think if
we were to advance these projects, there's a potential that we could
leverage some of the sales tax funding. They are identified as significant
barriers in the VTA bike plan, both the Caltrain/Alma crossing and the U.S.
101 crossing. Here's a map that shows the three projects that we're
recommending moving forward. From left to right, you have the
TRANSCRIPT
Page 21 of 116
City Council Meeting
Transcript: 6/20/16
Alma/Caltrain overcrossing/undercrossing, the three segments of shared-use
path connecting the Ross Road and Greer Road bicycle boulevards to the
Baylands Trail network, and then the seasonal undercrossing under 101 on
the far right there. Cost estimates for these three separate projects, we
estimate completing the shared-use path along Segments D, E and F would
be roughly $1.7 million. It would be our recommendation to request from
Santa Clara County that we use the $1.5 million that was allocated for the Matadero Creek Trail for this segment. We could call it a starter segment
This may not be the last—there could be a day where there's a major
construction project along the creek corridor, and a shared-use path may be
easily accommodated on Sections A, B and C. I think this is a good first
step. It could be a last step as well; it does serve an independent utility
connecting the Ross Road Bike Boulevard to the Baylands. Project 2, the
Caltrain/Alma Street undercrossing, our estimate is about $18 million. This
is roughly what VTA also includes as their cost estimate for this particular
Across Barrier Connection. The U.S. 101 seasonal undercrossing, we're
estimating about $2 million to bring that up to standards. There's some
walls that would need to be added, additional safety features and just a
general upgrade. It's still a fairly cost-effective project to add access to the
Baylands at that location. With that, we'll take questions. I thank you for
giving us the opportunity to present this, this evening.
Mayor Burt: Thank you. Colleagues, questions before we hear from the
public. These would be technical questions that are concise. Council
Member Kniss.
Council Member Kniss: I'm still troubled by the Matadero Creek, and I might
ask you to say a little more about that. In addition, the seasonal undercrossing, which has been discussed for a long period of time now,
normally goes by a man's name that I've just blanked on. Somebody help
me. Winsky?
Council Member Holman: Lefkowitz.
Council Member Kniss: Thank you. That's such an unattractive area. Is
your idea that the design or whatever you might do to it, before we finally
get around to a bridge that goes over it, would add what to it? I don't know.
Could you also tell us how much it was used this year when it actually did
rain?
TRANSCRIPT
Page 22 of 116
City Council Meeting
Transcript: 6/20/16
Mr. Mello: This undercrossing is not open at all to bicyclists and pedestrians.
We're recommending opening it outside of the winter rainy season. I think
you may be referring to the Adobe Creek undercrossing.
Council Member Kniss: You're right. The Mayor just reminded me of that.
Thank you.
Mr. Mello: This would provide brand new seasonal access that doesn't
currently exist.
Council Member Kniss: And will be considerably better than the other one.
Go back to Matadero Creek. I like most of this a lot, but I was troubled
when I walked along there. I would confess I voted for this when I was at
the County. I have mixed feelings on it. Going along behind people's
houses at all hours of the day and night makes me uneasy. Say something
about that. Say something that makes us just all feel incredibly comfortable
with jumping on your bike or walking along. It's going to have to have
lighting if you're going to have it used at night.
Mr. Mello: We have talked about the ability to restrict access with the Water
District. They are open to the City defining the operating hours under the
Joint Use Agreement that we would need to execute with the Water District.
I could foresee a scenario where there were gates that were closed at a
certain time in the evening to prohibit access in the off hours. This will
likely—aside from the seasonal undercrossing, Segments D, E and F, there's
parallel corridors that commuter cyclists could use. One of the troubles with
closing trails in the evening is in the winter when it gets dark really early.
Commuter cyclists have trouble finding alternatives. In this case, there's
plenty of alternative parallel streets. I could see a scenario where the City
restricts the hours of the trail segments.
Council Member Kniss: I'm sorry about the Loma Verde Trail which looked
very appealing to me. You're indicating you had a lot of feedback from
schools and from that committee working on it that really was enough to
persuade you to bypass it. Correct?
Mr. Mello: Yes. We think there may be some minor striping and signing
changes that we could do on Loma Verde that would improve the existing
conditions without adding a two-way, separated bikeway as shown in the
graphic.
Council Member Kniss: Thanks.
TRANSCRIPT
Page 23 of 116
City Council Meeting
Transcript: 6/20/16
Mayor Burt: Vice Mayor Scharff.
Vice Mayor Scharff: Just following up on that. What I also heard you say on
Loma Verde was that the two-way bike path with the open driveways—
maybe I misheard—is nationally accepted as a safe thing to do. Did I hear
that or did I misunderstand that?
Mr. Mello: Two-way, separated bikeways are typically not installed on two-
way streets. There's very isolated circumstances where they work really well, which is if you have a street without a lot of driveways. Let's say, for
example, along a railroad corridor where one side of the street has no
driveways. Alma Street for instance. In those locations, a two-way,
separated bikeway may work fairly well on a two-way street. Loma Verde
has 65 driveway crossings, so there would be 65 instances where somebody
pulling out of a driveway who fails to look to their right may have a conflict
with a cyclist who's traveling in the other direction.
Vice Mayor Scharff: In this instance with the driveways, the science
basically indicates we shouldn't do it.
Mr. Mello: Yeah. There's an argument that, because it's a residential street,
the people using the driveways may be familiar with the fact that there's a
two-way bikeway. You don't have a lot of commercial driveways which
would have a lot of all-day traffic. I think the most prudent thing would be
to look at ways to improve the existing bike lanes that are one-way on each
side of the street.
Vice Mayor Scharff: On Matadero Creek, on Segments D, E and F, that's the
only segments you're suggesting we do. Is that correct?
Mr. Mello: D, E and F, yes.
Vice Mayor Scharff: That'll be paid for, you believe, almost all by the grant. A million five is the grant; we think it's going to cost between a million five
and a million seven.
Mr. Mello: Our strategy, assuming Council agrees with the Staff Report,
would be to request that the $1.5 million be used for those three trail
segments.
TRANSCRIPT
Page 24 of 116
City Council Meeting
Transcript: 6/20/16
Vice Mayor Scharff: If we didn't use it for that, we'd probably lose the grant
or what happens? Do you have any idea?
Mr. Mello: We've had very preliminary discussions about what other types
of projects we could use it for. We haven't really received a response. I
think we'd have to have a firm request in hand as to what we want to use
the funding for. One of the conditions was that we complete a Feasibility
Study.
Vice Mayor Scharff: The Caltrain/Alma Street crossing, that's a lot of
money, $18.2 million. You're thinking that would be funded through the VTA
tax, if that passes?
Mr. Mello: I think, in all likelihood, it would have to be a mix of funding
similar to what we've assembled for the Adobe Creek/101 overcrossing. The
VTA sales tax funding would probably play a big role in that package.
Vice Mayor Scharff: You're asking us—what are you asking us tonight to
approve? Was it the environmental, the design and construction? How
much are you asking us to approve spending on this? Where was that going
to come? That was sort of my question.
Mr. Mello: We would, of course, have to come back to Council with any
contracts associated with this, but the estimate for the preliminary project
work for the Caltrain/Alma Street undercrossing is about $4 million. We
would phase that; we would start with the first preliminary work, which
would be the project study report and an alternatives analysis. We could do
a Feasibility Study to kind of lock down the exact location of the
overcrossing/undercrossing, whether it's going to be an overcrossing or an
undercrossing, look at the different constraints.
Vice Mayor Scharff: The alternatives analysis is what you're asking us to fund tonight or ...
Mr. Mello: Yes.
Vice Mayor Scharff: ... at least approve.
Mr. Mello: At least come back to you with a contract.
TRANSCRIPT
Page 25 of 116
City Council Meeting
Transcript: 6/20/16
Vice Mayor Scharff: That'll go on Consent; we'll have said we did it. What's
the amount of that, the feasibility alternatives? How much money are we
tentatively committing to spend if we did that?
Mr. Mello: I would say probably roughly $1 million. The estimate that's
shown on the cost estimate slide includes an environmental and alternatives
analysis. If we were to break that apart, each phase would probably be
roughly $1 million.
Vice Mayor Scharff: When do you think we would actually institute that?
Would it be 2018 or 2019 or next year, 2017?
Mr. Mello: A typical study with that scope would be a year and a half.
Probably a year, year and a half, I think we could come back with an
alternatives analysis.
Vice Mayor Scharff: You think it would take a year or a year and a half to do
the study.
Mr. Mello: Yes.
Vice Mayor Scharff: How long would it—when will we start it? When would
we have the money to start it? Have we looked at a budget? How are we
going to fund this?
Mr. Mello: We can look at funding it through the Bike Ped Plan
implementation, if Council wants to move forward with these three projects
that we're recommending. Again, we'd probably have to come back to you
with more firm details on what the contract costs would be for each of these
three.
Vice Mayor Scharff: Thank you.
Mayor Burt: Council Member Wolbach.
Council Member Wolbach: I just want to get a sense of some distances here. Loma Verde at Bayshore is only about half a mile, about 0.5 mile,
from our future bike and pedestrian bridge at Adobe Creek. Is that correct?
Mr. Mello: The Adobe Creek overcrossing?
TRANSCRIPT
Page 26 of 116
City Council Meeting
Transcript: 6/20/16
Council Member Wolbach: Yeah. It's about a half mile, I think.
Mr. Mello: Yeah.
Council Member Wolbach: At the other end of Loma Verde, at Loma Verde
and Alma, Loma Verde's approximately equidistant between the
undercrossing at California Avenue (Cal. Ave.) for bike and ped and at the
other end, the crossing at Meadow. It's about 0.7 to Cal. Ave. and 0.6 to
Meadow. Right?
Mr. Mello: Yeah, that looks about right.
Council Member Wolbach: Colorado at Alma—actually Colorado's—we've
pretty much ruled that out because it's too narrow anyway. I'm trying to
figure out what the differences are and how striking the differences between
East Meadow and Loma Verde. We're already planning to do a Class IV
bikeway on Meadow. Correct?
Mr. Mello: Yes. We're working on that concept plan right now.
Council Member Wolbach: I guess I would just like a little bit more clarity
from Staff on why a Class IV bike lane would work well for Meadow but not
for Loma Verde.
Mr. Mello: For Meadow, we're looking at two one-way, separated bikeways
so cyclists would be traveling in the proper direction of travel with motor
vehicles. Loma Verde, without removing all of the parking on both sides, the
only thing you can accommodate is a two-way, separated bikeway, which is
shown in the ...
Council Member Wolbach: Are we removing parking on both sides on
Meadow?
Mr. Mello: Meadow is much wider, and there's an opportunity to have a
parking-protected, separated bikeway along the majority of Meadow.
Council Member Wolbach: Basically we get to preserve more parking on
Meadow because it's wider.
TRANSCRIPT
Page 27 of 116
City Council Meeting
Transcript: 6/20/16
Mr. Mello: Yes. If you see the graphic that's up on the screen, in order to
have two one-way bikeways instead of the two-way configuration, we would
have to remove the parking that's on the opposite side.
Council Member Wolbach: Parking is one of the things that you'd lose on
Loma Verde, that you wouldn't lose on—just trying to consider what the
feasibility of this and how the costs and benefits of this compare to East
Meadow, where we've already decided to press forward. As far as number of driveways and driveway intersections, especially on the northwest side of
Meadow—I know on the southeast side you've got a lot of public facilities, so
there are fewer driveways. The number of driveways on the northwest side
of Meadow, I know that's not what you're really prepared to talk about
tonight, but do you have a sense of approximately how many driveways and
cutouts there are there?
Mr. Mello: I don't, but I can tell you a lot of the houses along the northwest
side of Meadow actually front on the side streets; they don't front directly on
Meadow. Every parcel along Meadow doesn't have a driveway that exits
onto Meadow. The driveway issue is only a concern when you have the
wrong-way riding that comes with the two-way facility. If you were to do
two one-way, separated bikeways, you don't have the same concern around
driveways because cyclists are on the right side of the roadway.
Council Member Wolbach: It's really just a question of whether drivers will
be cognizant enough to look both ways when they're pulling out of their
driveway.
Mr. Mello: Correct. Most people don't; most people just look to their left.
Council Member Wolbach: That's horrifying to think about, but I think we've
all—I would hope that Palo Altans were a little bit smarter than to look only one way when pulling out of the driveway in a multi-ton vehicle. I know that
sometimes that can be correct. In talking about bike and pedestrian
crossings at Middlefield and increasing those, we can do that regardless of
what we do with this project. Correct?
Mr. Mello: Yes, that's correct.
Council Member Wolbach: As far as additional crossings, like I was talking
about where Loma Verde, for instance, or Matadero Creek meets Alma,
where you see about halfway between the existing train and Alma crossings
at Meadow and Oregon. If we're talking about adding additional crossings
TRANSCRIPT
Page 28 of 116
City Council Meeting
Transcript: 6/20/16
there, how does that interplay with our thinking about and hoping and
planning for changing the configuration of the train to be in a trench or
otherwise separated? If we spend $15 million to build a tunnel under the
train, and then we put the train down where the tunnel is, have we just
blown $15 million for a couple of years of use?
Mr. Mello: No. I think we would do whatever possible to make sure that
neither the railroad grade separation nor the overcrossing/undercrossing precluded the other. They'll be moving somewhat in parallel. I think we're
at a good place where we could make sure that maybe they're incorporated
into one larger project. At a minimum, they wouldn't preclude each other.
If we were going to advance a trench, of course, we wouldn't look at an
undercrossing that would need to be removed.
Council Member Wolbach: Those are my questions. Thanks.
Mayor Burt: Council Member Schmid.
Council Member Schmid: If you could put up the Staff recommendation
map. You're recommending going ahead with D, E and F, setting aside B
and C. I thought in the Staff background material you talked about
negotiations with Winter Lodge, with the church, with the school. I thought
in the Planning Commission there was a lot of discussion of this is the first
step while we work on these other things. What happened to the
negotiations with key players on B and C?
Mr. Mello: We've had preliminary discussions with the church and the
Winter Lodge. Both of them were not very receptive of removing parking
and modifying parking lot circulation. It was only preliminary discussions; it
was not negotiations by any means.
Council Member Schmid: You're putting those in abeyance, is your suggestion here, rather than continuing to find out what options there might
be that we could offer.
Mr. Mello: There's also some physical constraints on those segments. As
we met with the community and had discussions and got a lot of valuable
input from the Citizen Advisory Committee and talked it through, tackling
those two segments at this point in time I don't think are the wisest use of
funding. They could become fairly expensive. I think our recommendation
kind of evolved from how can we best connect our bike network to
something logical like the Baylands. If we were to go the other direction,
TRANSCRIPT
Page 29 of 116
City Council Meeting
Transcript: 6/20/16
we'd have to spend a lot of money to get under Alma and Caltrain. I think
our logic was let's build something that's functional and usable as a first
phase. What we came up with was D, E and F. That's not to say that B and
C could not be advanced in the future when some of those constraints go
away.
Mayor Burt: Council Member DuBois.
Council Member DuBois: First of all, Chris, welcome. Glad to see you joining. Council Member Wolbach touched on it. Meadow was only
mentioned briefly in the report, even though I think it was one of the options
that we recommended back in November. I guess kind of a broad question.
Why wasn't Meadow actually considered as the connector and been kind of
split off at this point?
Mr. Mello: The direction that we got from Council in November was that
Meadow was kind of a separate—we were directed to look at the Matadero
Creek Channel and then a parallel collector street, either Colorado or Loma
Verde, and then an add-on to that direction was that we also advance East
Meadow Drive. We've been doing that separately, and we will be coming to
you with a concept plan for East Meadow, but it's not ready today.
Council Member DuBois: If we wanted to, could the grant money be applied
to the Meadow improvements? Especially if it's connected to the bike
bridge.
Mr. Mello: We could request that the funding be used. Given the fact that
it's not quite adjacent to the Matadero Creek Channel, it may be a bit of a
stretch. We haven't been able to get any clear direction from the County as
to what would be eligible and what wouldn't. I think they're really waiting
for the results of our Feasibility Study.
Council Member DuBois: I thought the grant—remind me if this is wrong—
was the Bay to Foothills. Was it also tied to the creek?
Mr. Mello: The grant application specifically highlights that this will be the
Bay to Foothills connector. Like I said, I think we could certainly request
anything we'd like. We could send a request in for any use of the funding.
I'm not 100 percent confident that East Meadow would satisfy those
requirements.
TRANSCRIPT
Page 30 of 116
City Council Meeting
Transcript: 6/20/16
Council Member DuBois: I had the same question about Loma Verde, but
the answer would be the same. Could we use the grant money on Loma
Verde?
Mr. Mello: I think the reason we advanced the two-way, separated bikeway
is we were trying to emulate an off-road trail environment on-street. As we
got far along on it, we started to realize that it just wasn't fitting the way we
thought it would. That's the reason why we looked at a two-way, separated bikeway on Loma Verde, because we wanted to fit in those constraints, the
recreational focus and the Bay to Foothills connection.
Council Member DuBois: Looking at the treatments for the midblock
crossings, where would the Middlefield lights be and would that be right at
Keys School?
Mr. Mello: It would depend on where we could construct ADA ramps and
install signal mast arms. It would be somewhere near the bridge over the
creek, but we'd need to find power, we'd need to install the signal cabinet,
the mast arms, push buttons. We'd need room for the proper landing area
at the top of the ADA ramps, and the bridge area is pretty constrained. It'd
probably need to be on one side of the bridge or the other.
Council Member DuBois: Do you know who much money has been spent so
far doing all the planning?
Mr. Mello: I'm going to have to look. I can get back to you later in the
meeting.
Council Member DuBois: On the train crossings, the same kind of question.
Was East Meadow considered as the location for the train underpass?
Mr. Mello: We haven't done any real alternatives analysis on the
overcrossing/undercrossing. That's actually what we'd like to move forward with to start. If you'd like us to look at East Meadow as one of the
alternatives, we can certainly do that.
Council Member DuBois: It seemed like you suggested some configurations
in the report, but like half of them you said weren't really feasible or had
issues. Is there a preferred scenario? If I'm reading it, does that require
eminent domain to acquire property?
TRANSCRIPT
Page 31 of 116
City Council Meeting
Transcript: 6/20/16
Mr. Mello: There's a City-owned power substation that's along Park
Boulevard, on the other side of the tracks. I think in order to avoid
acquisition, I think using that would probably be—if we were going to stay in
the Loma Verde/Matadero Creek vicinity, I think the only way to avoid any
kind of right-of-way acquisition would be to somehow use that City
substation property.
Council Member DuBois: That was more Colorado. The Loma Verde straight shot was the acquire property option.
Mr. Mello: Yeah. There's homes along the entire stretch of Park Boulevard
between the tracks. There would need to be property acquisition if you were
to come straight off Loma Verde.
Council Member DuBois: Thank you.
Mayor Burt: Council Member Filseth. Is that whose light it is?
Council Member Filseth: I think my question actually already got answered.
Thanks very much. It's too bad, because the Class IV bikeway on Loma
Verde looks really cool.
Mayor Burt: I had a few questions. One is the potential—the separated
crossing at Loma Verde over the tracks. Is that also envisioned in this
estimate to include crossing over Alma or would it be signalized at Alma?
Mr. Knowles: We looked at a couple of different configurations. One would
be to go actually—boring underneath Alma and the Caltrain tracks or doing
an at-grade crossing that would require some sort of signal. There are
(crosstalk).
Mayor Burt: An at-grade crossing on the tracks or you mean on Alma?
Mr. Knowles: On Alma Street.
Mayor Burt: The dollar amount that was used for the estimate, is that for fully separated under Alma and Caltrain?
Mr. Knowles: We wanted to give you the most conservative (crosstalk).
TRANSCRIPT
Page 32 of 116
City Council Meeting
Transcript: 6/20/16
Mayor Burt: It'd probably be helpful if we had an approximate range if we
signalized Alma and then had a tunnel or overpass on the tracks. That's one
thought. On the lower portion from Greer to 101, it's referred to as
constrained. On the north side there—I'll call it the north side—we have
another one of our substations and, I think, an open space there. What are
the constraints on that segment?
Mr. Mello: On the 101 end?
Mayor Burt: From Greer to 101.
Mr. Knowles: Really the only constraint, Mayor, is just the seasonal access
of it. Just not having full access year round. There's also a vertical height
constraint underneath 101; it's about 7 1/2 ...
Mayor Burt: I didn't mean the getting under 101. I meant from Greer to
101. That's listed as constrained.
Mr. Knowles: Only the seasonal access, that's the constraint.
Mayor Burt: I get it. You're not saying there's a physical limitation.
Mr. Knowles: Not a physical, more of an operational constraint.
Mayor Burt: As far as the value of the grade separation at approximately
Loma Verde, is this something that is being looked at as principally a south
Palo Alto to west Palo Alto connection? I know we have our Margarita to
Matadero up to the Bol Park Path that you mentioned. Is there any
consideration of the value to Stanford Research Park because the Bol Park
Path essentially also connects right there?
Mr. Mello: I think you include the Bol Park Path, and you have a Baylands to
Arastradero/Foothill Corridor. I think there's a value for the entire south
side of the City as well as the southwest quadrant. I think VTA also
recognizes that this is a regional barrier and that it'll help people get from the San Francisco Bay Trail across the Caltrain and Alma Corridor and serve
as more of a regional connection as well.
Mayor Burt: I had always thought of this—this goes back to when Council
Member Holman and I were on the Planning Commission, and we strongly
supported a south Palo Alto grade separation for bike and ped. I had always
TRANSCRIPT
Page 33 of 116
City Council Meeting
Transcript: 6/20/16
thought of it as for kid and residents between south Palo Alto and west Palo
Alto. Have we had any discussions with the Research Park? They now have
their Transportation Management Agency, and there's 26,000 employees in
the Research Park. They had heat maps on where their employees reside,
and then they're doing a survey right now like we did for the Downtown
Transportation Management Agency on what willingness there is of workers
to take other modes if alternatives were attractive. Are you in any discussions with them about the value of that grade separation and, frankly,
this whole corridor to the Research Park in addition to the value between
south and west Palo Alto?
Mr. Mello: Getting direction from you this evening would enable us to begin
the preliminary project work associated with this
overcrossing/undercrossing. We can certainly start having that discussion
and look at how it fits into the greater network as well as the regional
bicycle network.
Mayor Burt: We had also this—I forget what you call it—kind of a pop-up
event that was actually on the creek. It only had a couple of blocks that
were on the creek, and then the people tried out different routes. What
were the responses from the community on the value and preferences and
all that?
Mr. Knowles: We had about 250 people attend that event. It was a
Saturday afternoon, where we opened up a section between Waverley and
Cowper for the community to explore, about four hours. The comments
received back through comment cards were attached, all of them scanned
and copied and provided to Council. About 60-70 percent were supportive.
Some people expressed support but had reservations about some of the constraints that we shared. The maps that I presented in this PowerPoint
and the Feasibility Study were also shared with the public. Some people
were a little bit let down that the path didn't go all the way through, that it
didn't look like the section that we showed from Waverley/Cowper all the
way through. Some of them also shared lots of concerns that we'd heard
throughout the process about privacy, about safety, about safety to the
creek as well, the need for additional gates that would have to be installed
potentially, the fact that it couldn't be lit at night. There were lots of
concerns that we also heard from the public at that event. I think
everybody expressed gratitude for being able to experience the trail at least
firsthand. We heard also from one of the property owners who was
surprised to see the event happening and came to us and also talked about
the privacy concerns. This is a property owner that did have a low fence,
and people were walking past their home. She was able to tell us firsthand
TRANSCRIPT
Page 34 of 116
City Council Meeting
Transcript: 6/20/16
about people looking into her back windows and share that important
feedback and what a design would have to look like to prevent that kind of
intrusion into privacy.
Mayor Burt: Thank you. That, I think, covers our questions. We'll now go
to the public. We have ...
Mr. Mello: If I could just answer Council Member DuBois' earlier question.
The total budget for the Feasibility Study was $383,000.
Council Member DuBois: Is that out of the $1.5 million grant?
Mr. Mello: No. That was funded through the City Bicycle and Pedestrian
Plan implementation.
Mayor Burt: We have nine speakers. If anyone else wishes to put a card in,
they need to do so at this time. Our first speaker is Julie Nolan, to be
followed by Mike Nolan. Each speaker has up to three minutes to speak.
Welcome.
Julie Nolan: In the beginning, someone looked at a map and imagined a
public trail on the maintenance road along the Matadero flood control
channel. The imagined route was included in the 2012 Bike and Pedestrian
Plan as a Class I bike trail proposed to be continuous from west of Caltrain
to east of 101. This, despite a private property, all the way to the creek wall
at Waverley Street, multiple cleanout ramps along the route, and the
crossing of many streets in Midtown, important streets. Apparently these
facts were not known by the Santa Clara County Board of Supervisors when
they voted to grant the $1.5 million to Palo Alto for a Matadero Creek Trail.
Anyway, money was allocated by the City. Consultants were hired. A
Citizens Advisory Committee was created. I'm a member of that Committee
and a long-time Matadero Creek neighbor. On November 9th, as you know, City Council heard the recommendation of City Staff in concurrence with the
conclusions of the Citizens Advisory Committee (CAC) that a Matadero Creek
Trail was not feasible. Despite this, more money was allocated. Consultants
were hired, resulting in a list of options before you this evening. This new
set of consultants arranged to open the maintenance road between Waverley
and Cowper on April 23rd, sent a postcard to residents, inviting them to
walk and bike on the greenway. It turns out that the consultants made
actually a significant mistake. In their draft report, they show that width as
14 feet, but it turns out the actual width is 11 feet. By the City's own
standard for a shared-use path, that's not adequate. The standard is 12
TRANSCRIPT
Page 35 of 116
City Council Meeting
Transcript: 6/20/16
feet. The only possible segment of the hybrid route that bikes could use is
the two block segment from Ross to Louis. That's along the creek
maintenance road. The odd and costly bits and pieces of proposed path
options cannot be landscaped, cannot be lit. It just is a very costly way to
think about this. It has no benefit to Midtown. It's a fully built-out
neighborhood, sidewalks everywhere, safe for bikes. Creating a public path
immediately adjacent to all the private homes is a serious invasion of privacy. It's not just about looking into your backyard; it's about the noise
and hundreds of people going by. I want to point out at that same
November 9th meeting, the City Council voted unanimously to approve a
second-story overlay to protect a neighborhood from the invasion of privacy
for second stories being built on houses adjacent to their property. It's time
for the City Council to return the $1.5 million to the County and request that
the money be allocated to a deserving project.
Mayor Burt: If we can—as members of the public, what we want to do is
create an environment where people on all sides of issues feel safe and
comfortable. We try to discourage applause or booing. Our next speaker is
Mike Nolan. Thank you.
Mike Nolan: Hi. Thanks for the time. I'm a little confused about exactly
what just happened here. I think I'm here to throw my support behind what
the City Staff has recommended. I've been really involved with this. I've
paid a lot of attention to it over the last two years. Every chance I've got,
I've asked City Staff, I've asked the consultants what the purpose of this
project is. Frankly, I've never gotten a very good answer. Is it a connector
project? No, it can't really be a connector project because we haven't, until
maybe now, really known what it's going to connect to. Is it something that's going to get bicycles and pedestrians faster from east to west? No,
it's not. It's not really safe. As you can see up there, it's this hybrid of
zigzag segments of paths, some of which are multiuse, some of which aren't.
It really makes no sense getting anybody from east to west. If I understand
what the Staff just recommended, the focus on the endpoints and that
section which, I think, is Sections D, E and F, maybe that does make sense
because it will connect bikes and people faster through that section of the
trail. I'm not sure. Council Member Kniss' comments, I do live next to the
creek. I've lived there since 1978. We've gone through lots of construction
in there. During the last major construction phase, where they raised the
level of the channel, they redid the bridges and they redid the fences. Ever
since they've done that, we don't have any homeless people living
underneath the bridge. The graffiti has kind of gone away. Teenagers don't
hang out there at night. I can assure that if it's open even nominally, those
are all going to return, at least the graffiti and the teenagers hanging out
TRANSCRIPT
Page 36 of 116
City Council Meeting
Transcript: 6/20/16
there at all times of the day and night. To the consultants, to Jeff, I want to
thank him for fixing the problem in the report where they said the channel
was 14 feet wide. With that pop-up event, it wasn't. There are constraints
for that section to be a shared-use path. It doesn't meet existing guidelines.
Anyway, I ask you to think about what the goals are. If the money that
you're going to allocate makes some sense and satisfies some goal, it's
probably okay. If it doesn't, maybe it is time to give that money back to the County. I'm not sure. It's taxpayer money; it really needs to be used to do
something that's really worthwhile and has some vision. Thank you.
Mayor Burt: Thank you. Our next speaker is Stephanie Beach, to be
followed by David Beach. Welcome.
Stephanie Beach: Mayor Burt, Council Members, thank you for letting us
speak this evening. As a disclaimer, I will let you know that I have lived
next to the creek on the Ross/Louis section of Clara for the last 45 years. I
have a vested interest. I've also reared three children in Palo Alto, who
have bicycled. I have a husband who's a bicycle commuter. Bicycles have
been front and center in our lives for a long time. I would welcome a bicycle
trail from the Bay to the Foothills, but I'd like to start—that's the goal. How
do we achieve it? We don't achieve it by doing a piecemeal, block-by-block,
zigzag configuration that ends up really being a trail to nowhere. It's not a
bike trail. The bike trail can use that one portion between—although, I just
understand not now. The only portion that's really available to bicycles is
Ross to Louis. How are we going to keep the bicycles off the other areas? I
would urge you to vote against this as it's arranged now. I think that Loma
Verde is a wonderful option, but not the way the consultants have configured
it. I'd like to cede the rest of my time to my husband, if possible.
Mayor Burt: Sorry, we don't allow ceding time except under a rule where
five members can combine their time. Our next speaker is David Beach.
David Beach: Do you allow VGA connections to your projector?
Mayor Burt: To be followed by Sherrie Furman.
Mr. Beach: What is the best value proposition for bicyclists in Palo Alto? I'm
only looking at Section D of the proposed plan, because I looked rather
carefully at that, the Matadero right-of-way or Loma Verde Avenue. Here's a
decision matrix that might be helpful. The first thing I want to look at is, is
it a natural environment which will be spiritually and physically refreshing for
people going there. On the left is the Matadero Creek, and on the right is
TRANSCRIPT
Page 37 of 116
City Council Meeting
Transcript: 6/20/16
Loma Verde. Matadero Creek is a wonderful industrial solution to flood
control, and it's an eyesore. It has nothing to do with recreation in a wild
and scenic nature. Loma Verde is actually quite beautiful. Here we look at
some details. Algal blooms, weeds in the channel versus property owners
making beautiful scenery for people that might be riding through there. The
next thing I want to look at is the degree of dangers, particularly to school
children riding but also to everybody else bicycling. What I see is we have inter-block, that is in between block, crossings necessary to implement the
Matadero Creek plan. In one case, the one which I measured, it was only
206 feet from one stop sign to the next vehicle control area, and that is
going to cause anxiety, anger, frustration, confusion. That is not a safe
condition. In fact, in my opinion, it's much more dangerous than a few
driveways, even if a few is 56. The next thing I want to look at is, is it a
decent connector. I think both. Here's a map that shows both routes, both
connecting routes. I think both of them are excellent connectors. They both
go to the edge of the Baylands, to the edge of U.S. 101. They're only about
a block apart, in fact, a little less than a block apart. They're parallel. One
is beautiful; one is ugly. One could be safe, and the other is not going to be.
I want to look at construction cost, and this will bring me to value
proposition. One is upwards of $5 million, and the other is probably a
million and a half max. There's operating costs, and the operating cost to
manage the complexity of the Matadero Creek project is going to be much
higher. Finally, Matadero Creek is not a natural creek. It's not a riparian
environment. It's an industrial solution. I think we'd be much better off to
celebrate the flood control it provides. I happen to be a homeowner on that
creek, so I'm very, very glad that it's there. To create a beautiful and safe connector along Loma Verde Avenue. Thank you very much.
Mayor Burt: Thank you. Our next speakers is Sherrie Furman, to be
followed by Davina Brown.
Sherrie Furman: Good evening, Council Members. I apologize in advance.
My recent foray into the Arctic Circle has left me with bronchitis. If I cough,
excuse me. Anyway, I wanted to say I'm a member of the Midtown
Connector Citizens Advisory Committee as well as the Chair of the Midtown
Residents Association and, thus, have facilitated and been involved in many
meetings on this project over the past several years. Twice now, the
Citizens Advisory Committee, at least the majority of us, have found the
connector options to be infeasible as have the majority of Midtown residents
who have attended meetings and spoken to me. Yet, here we are trying to
push this project through. As far as costs, the Stanford and Palo Alto Trail
Program grant application quoted a cost for this project at $2 million;
however, we're up at least 2, 3, 4, 5 times that now. I always look at the
TRANSCRIPT
Page 38 of 116
City Council Meeting
Transcript: 6/20/16
return of investment on a project. The costs alone for both the shared-use
path and pedestrian-only path are just plain old prohibitive. That doesn't
even include the maintenance costs. Do we truly need three under/over 101
crossings in the 1 1/2 miles between Embarcadero and San Antonio? As far
as safety, it's been a major concern for residents. Remember that this creek
is primarily a flood control project, not a creek in the true sense of a
recreational path. Look carefully at the zigzag nature of the paths. What are we really gaining with this configuration? Between having to switch
sides of the creek and midblock crossings, we are creating more, not fewer,
hazards than exist with current sidewalks and bike paths. The suggestions
to mitigate falling hazards into the creek are, frankly, just not acceptable,
nor is the liability risk to the City. Herbicide spraying and rapid creek rise
during heavy rains are not adequately addressed. Let me say, I've lived
next to this creek for close to 40 years, and so I know what the patterns
there are. The idea of using flashing beacons and midblock crossings in
residential neighborhoods is simply unacceptable. I personally don't want to
see flashing lights every few minutes in my house. In conclusion, since
we're not talking about Loma Verde, both the shared-use path—the costs
are just too high for what you're trying to accomplish here with bike
availability already existing on Colorado and Loma Verde. Frankly, East
Meadow, which is what a lot of the Committee was in favor of, already has
the infrastructure there. It's a wide street; it's got parking separated from
bike paths; it crosses Alma; it will connect with the new bike bridge. That is
the logical east-west connector. All the other east-west streets in Midtown
are very narrow. I ask you please reject all of these options and just do
some—go with East Meadow and do some prettying up on the other east-west paths. Thank you.
Mayor Burt: Thank you. Our next speaker is Davina Brown, to be followed
by Robert Neff.
Davina Brown: I think the alternatives presented are a bad idea. I urge you
to vote no, find some other way of doing it. As far as going under the
tracks, we've already—the City has put ourselves out there and said we want
the train to go in a trench. How deep can you dig? It's ridiculous. If
alternatives are available for commuters to ride their bikes in the dark,
certainly those paths and bikeways are available for people to use in the
day. Those aren't heavily traveled streets; they're safe. My kids rode them;
I ride them. I suggest you use the money elsewhere. Thank you very
much.
Mayor Burt: Thank you. Robert Neff to be followed by Evelyn Guernsey.
TRANSCRIPT
Page 39 of 116
City Council Meeting
Transcript: 6/20/16
Robert Neff: Good evening. I'm Robert Neff. I too am a member of the
Citizens Advisory Committee. Maybe you can imagine what our meetings
were like. First, thank you for requesting this Feasibility Study. When this
came to you last fall, the Feasibility Study provided the first practical
roadmap for developing a pathway along the creek. Please pass the Staff
recommendations for the proposals to continue the Matadero Creek Trail as
a mixed-use or pedestrian path, including eventual development of the undercrossing at Highway 101 and at the Alma/Caltrain crossing. A mixed-
use trail from Ross to Greer along the creek enables recreational, off-street
walking and jogging there, dog walking, plus creates options for bicyclists,
especially timid cyclists who may prefer to stay off streets shared with auto
traffic. Paraphrasing of our Planning Commissioners, it makes the best use
of the available land next to the creek which would otherwise lie fallow.
Also, as my son says, it's really nice to have access to the creek channel,
even a concrete channel where (inaudible) ducks and water changing with
the seasons. I hope more funds can be found to extend this, including the
pedestrian crossing at Middlefield. Developing the seasonal underpass at
101 creates the connection for pedestrians, joggers, dog walkers and
bicyclists to Baylands destinations and mixed-use paths for recreation and
travel. As one senior noted at the demonstration day, she would like to
have access to this facility, which is already used by those able to jump a
fence at Greer or a guardrail at West Bayshore. Finally, well over half of the
250 residents who came to the creek path demonstration did express their
positive preference for developing a path. Many safety, security and
practicality objections have been made to pathway proposals. The Staff
Report identifies practical alternatives along the corridor and has addressed all security and safety concerns related to street crossings and public access
behind residents' back fences. These kinds of configurations already exist in
Palo Alto and in nearby cities. There's no evidence that a pathway like this
creates problems. In Palo Alto, we already have many residents whose
backyard fences separate them from public parks, schools or pathways. For
example, the Bol Park Path has backyards up against it. The Jane Lathrop
Stanford Middle School (JLS) pathway between Charleston and Meadow also
has backyards separated by simple fences. We never hear problems with
either of these areas. Please support the Staff proposal. Thank you for your
efforts to make Palo Alto a better place.
Mayor Burt: Thank you. I accidentally had two cards stick together. Juliana
Irulequi, excuse me.
Juliana Irulequi: Hello. I am Juliana Irulequi, and I am 11 years old.
Regardless of what you decide on, I think it would be a good idea to put a
crosswalk at Middlefield and Sutter, because there is the Hoover Park Path,
TRANSCRIPT
Page 40 of 116
City Council Meeting
Transcript: 6/20/16
there is the Keys School, there's the Winter Lodge and then there's
apartments. Children at Keys School live around Sutter and Clara and all
around there. If they need to get home, the alternative to crossing
Middlefield, which is a risky road to cross, is to walk across Colorado, which
has many busy, commercial driveways such as Safeway, the Chase Bank
and apartments. Just walking on the sidewalk can be very dangerous. It
would be a good idea to put a crosswalk there so kids, adults, anyone won't get hurt walking across, trying to just get home or something. Thank you.
Mayor Burt: Thank you. Our next speaker is Evelyn Guernsey, to be
followed by our final speaker, Rita Vrhel. Welcome.
Evelyn Guernsey: I'd like to thank Juliana for making that suggestion,
because I do live in that area, and that is a horrible crossing. Since the City
has brought up the Matadero Creek Trail, you seem to be hung up on this
$1.5 million and how to spend it. It is not a good idea. It is not feasible.
We tell our kids just say no. I'm asking you, just say no. I live on Clara. I
back up against the creek. I'm concerned about all the things that have
been brought up, the security, the safety, the privacy. If a kid, heaven
forbid, falls in the creek, there is no way out of that creek. There are no
ladders; there are no steps; it is a cement wall that goes straight up and
down. Does the money that you guys are budgeting in the Planning
Committee account for fencing so they can't go in the creek? The walls are
not that tall; someone can fall in. I'm concerned about the privacy of our
property, the tagging, the graffiti, the partying that goes on, the homeless
people that are going to live back there. We've been told by the Planning
Committee that that's not an issue in other places. It does come up; it is
issues periodically. This is a locked area currently. You're now suggesting it's unlocked and open to the public. The midblock crossings, it's a zigzag.
No commuter is going to want to bike this and have to stop every block to
cross when there's alternatives that have lights and stop signs with traffic,
especially the Louis. There's a stop sign at Seale Park. I think someone
brought up it's probably 250 yards before you hit the creek. They're going
to have to stop again. Motorists blow through that Seale Park stop sign
every day a lot. Do you think they're going to stop at the creek after
blowing that stop sign? Probably not. Again, safety issues. I just ask you
to say no, because this has been a bad idea from day one. From my
viewpoint, the only people that want this are people that don't live on the
creek. The people that live on the creek are very opposed. Thank you.
Mayor Burt: Final speaker is Rita Vrhel.
TRANSCRIPT
Page 41 of 116
City Council Meeting
Transcript: 6/20/16
Rita Vrhel: Hello. I don't live on the creek, and I'm not a bicyclist. I've
been here for a couple of meetings when this project has been discussed.
I'd have to agree with the last speaker, that it seems like somebody is really
trying to get $1.5 million free dollars which, from the proposal listed tonight,
is going to cost you $22 million to get the $1.5 free million. These aren't
free dollars, because we all pay for them as taxpayers. Also, I live near a
church, and I know that the activities at the church are supposed to end at 10:00 P.M.. Sometimes they don't. The parking lot is quite wide, so noise
can occur any place on the four acres of the church. The police, when I call,
tell me that they have to be present when the noise is occurring. If they get
there five minutes after the noise has occurred, nothing can happen. This
means that if I want the noise to stop, somehow I have to be magical and
call in immediately. It's almost like the gasoline lawn blowers. The police
have to be there when it's occurring. I can see that this would be a problem
to residents. The church was kind enough to build a fence for me and my
neighbors who protested the building of the school. This fence cost over
$10,000. It was an 8-foot redwood fence; it's beautiful. I don't know that
the cost of these fences were included in the proposal. Also, ivy and
vegetation die, and they're not a very good screen. The other thing is, that
a citizen brought up, that fences on parks butt up against residential
property. A park is a very large expanse. I looked at this creek the other
day when I was driving somewhere else. It's a very narrow piece of
concrete. All the noise is going to be condensed into those 11 or 12 feet.
It's not going to be like a park. I urge you also to give up the $1.5 million,
look at the streets that are nearby this Matadero Creek, and use them
effectively. Thank you.
Mayor Burt: Thank you. That concludes our public comments, so we'll now
return to the Council for discussion. Council Member Wolbach.
Council Member Wolbach: I'll keep an open mind and listen to my
colleagues. Where I am right now, I'm tempted to say let's scratch the
creek as an alternative. I understand the arguments in favor, but I think
that the—my current thinking is that the benefits of a creek trail on this
creek are just outweighed by the downsides. I appreciate lots of Staff work
to explore this, and I appreciate the work by the Planning and
Transportation Commission (PTC) and those in the community who have
supported it. The last time this came to us, we almost killed it, but we
weren't ready to kill it yet. I was one of those who said let's really make
sure before we rule this out that we've really tried to make it work. I think
we've tried as hard as we can, and it just doesn't seem to make sense.
That's kind of where I'm starting from. Again, I'll hear my colleagues out if
they have arguments that can convince me otherwise.
TRANSCRIPT
Page 42 of 116
City Council Meeting
Transcript: 6/20/16
Mayor Burt: We'll all hear each other. That's okay. Go ahead.
Council Member Wolbach: I was just going to keep going with my
comments. I am much more interested in exploring Loma Verde. I think
that—as I was just confirming with Staff earlier, just the distances. Loma
Verde, as I mentioned before, is halfway between Oregon Ave. and Meadow
approximately. That's a good location for a midway point. It's only half of a
mile from the Adobe Creek bridge that we're going to be putting in to connect to the Baylands and also to businesses in North Bayshore in both
Palo Alto at that end and in Mountain View. I think there's an important
nexus there. I'll mention that Loma Verde is pretty wide. It's much better
than Colorado. Colorado is obviously too narrow to do something like this
on. As we discussed before, Loma Verde is not as wide as Meadow, so we
wouldn't do it exactly like we're doing it on Meadow. There is a downside if
we end up taking out parking on one side of the street. I've mixed feelings
about that. I think we can do something with Loma Verde. Loma Verde
already has bike lanes, so we already encourage people to ride their bicycles
on Loma Verde. Loma Verde, because of its width and especially between
Middlefield and Bayshore, there are only three stop signs. Because of that
infrequency of stop signs and the width on Loma Verde, it's very tempting
for drivers to drive fast. I know this because I drive that road almost every
day, whether by car or by motorcycle. It takes a lot of mental work to
remind myself to slow down, because it's so tempting to go fast. We know
that the engineering, the design of streets encourages people to drive a
certain speed. If it's wide open and you don't have very many stops, it
really encourages people to go fast. Whether it's through some changes in
the striping or something else that Josh was referring to earlier—I'd love to hear more thoughts about that tonight—or if it's through a Class IV,
separated bike lane, if it creates a slightly narrower street and a sense of a
narrower street, I think that would actually help reduce the frequency of
speeding traffic on Loma Verde and would increase the safety. I'd like to
hear the Staff's thoughts on that. I am worried about the safety on Loma
Verde right now, where we already have bike lanes because of the design of
the street. What I'm tempted to think we ought to do is just focus on Loma
Verde. Any future exploration should really be around the question of how
do we improve bike safety and improve biking and encourage biking on
Loma Verde, whether that's through a Class IV or some other alternatives
that Staff recommends. That's where I am at this point on this project. I'd
be curious to hear—I'm sorry I didn't ask for this specifically earlier. You did
mention earlier that maybe we could do something else besides a Class IV
on Loma Verde. Could we get a little bit more, if you have any thoughts
about that at this point?
TRANSCRIPT
Page 43 of 116
City Council Meeting
Transcript: 6/20/16
Mr. Mello: We've talked a lot about some of the things that we could do on
Loma Verde. If we wanted to install one-way, separated bikeways similar to
what we're looking at on East Meadow, you would either need to remove all
of the parking on Loma Verde or you would need to convert it to a one-way
street for motor vehicles. By converting it to a one-way street, you could
use one of the travel lanes to get the width that you need to have one-way,
separated bikeways, the necessary buffer between the bikeways, and the remaining travel lane. Without doing that, if we were to keep the existing
standard bike lanes that are there today, we could look at some conflict
markings, some enhanced green pavement markings. Perhaps there is an
opportunity to switch the parking and create a chicane-type of effect. Move
the parking back and forth on each block so that you reduce motor vehicle
speeds. I think we would need to look at some type of intersection
treatments, whether it be roundabouts or center choker islands, something
to create that kind of horizontal deflection. I think there's opportunities to
get the motor vehicle speeds down. You're still not going to have that
separated condition that a trail would have. Folks are going to need to share
the lane in some locations and ride adjacent to motor vehicle traffic. In a lot
of places, they'll be between a travel lane and on-street parking, which is
not a comfortable place for a lot of inexperienced cyclists and folks that want
that off-street condition. We can get almost there, but I don't think we're
going to create that condition that people are looking for when they go trail
riding and want to be completely separated from traffic.
Council Member Wolbach: Just to sort of wrap up. I just don't think that
this creek provides that trail vibe that people are looking for when they're
looking for trail riding. That's what our bike bridge at Adobe is designed to provide, so people can go to the Baylands and bike or walk over there. For
commuting, a straight shot is much easier than this back and forth thing
that we've got with this proposal. I don't think it really provides a great—I
don't think that the creek will provide a great recreational opportunity,
something of a recreational opportunity but not top notch. It doesn't
provide a top notch commute option because of the back and forth and
because of the location. Again, whether it's through improvements such as
were just mentioned or if we do decide to look more at a Class IV bike lane
on Loma Verde, I'm not ready to rule that out. I think that's where our
focus should be after tonight.
Mayor Burt: Vice Mayor Scharff.
Vice Mayor Scharff: Thanks. You said it, but I didn't really follow it. If we
just do the segments, the D, E and F, where does that hook into a bike
TRANSCRIPT
Page 44 of 116
City Council Meeting
Transcript: 6/20/16
path? You said it wasn't a waste because there was a bike path that hooked
into it. Where did that come from? How did that work?
Mr. Mello: Ross Road is a bike boulevard, and you actually just approved
the final design contract for that in April. We're actually moving forward
with designing and constructing the Ross Road Bike Boulevard. Later this
year, we're going to be bringing forward the Greer Road Bicycle Boulevard.
You would connect to two north-south corridors that would distribute people throughout the Midtown community and connect them to the trail segment
at Ross Road.
Vice Mayor Scharff: What this really would do is take you between the Ross
Road Bicycle Boulevard and the Greer Boulevard.
Mr. Mello: And on to the Baylands.
Vice Mayor Scharff: Assuming we do the under-connect.
Mr. Mello: Yes.
Vice Mayor Scharff: If we did the under-connect, it's only operational six
months a year. Is that correct? Maybe longer.
Mr. Mello: I think we open in April and close in October.
Vice Mayor Scharff: If we move forward with this, what would we spend to
do the engineering in that for the seasonal undercrossing or would we not
start that right away?
Mr. Mello: Environmental work for the seasonal undercrossing would be—
these are very conservative estimates. We wouldn't know until we went out
to bid and came back with a contract. Fifteen percent of the construction
cost is $225,000.
Vice Mayor Scharff: We'd spend the $225,000 and the $150,000 upfront.
That's the ...
Mr. Mello: We'd spend $225,000 on environmental, and then an additional
$225,000 on final design, and then construction is $1.5 million for the
seasonal undercrossing.
TRANSCRIPT
Page 45 of 116
City Council Meeting
Transcript: 6/20/16
Vice Mayor Scharff: I think this is really a tough call. I'm sort of with Cory
on the Loma Verde. It's cheaper and it goes better. I was very concerned
with what you said about the safety, frankly. I was trying to judge whether
or not it was "the perfect being the enemy of the good" or if there really was
a dangerous situation that we shouldn't build. The fact that you even
brought it to us let's me think, to some extent, that it can't be that
dangerous. Otherwise, why is it even brought to us as a possibility? I guess I would pose that back to you.
Mr. Mello: Two-way, separated bikeways are fairly new in the United States.
Two-way, separated bikeways on two-way streets are not very common.
While best practices generally dictate that you don't install a two-way facility
on a two-way street with a lot of driveways, we've kind of gone back and
forth because it's a residential street, the driveways are extremely low
volume, most of the people using the driveways are going to know that
there's a two-way bikeway in front of their house, and that they need to look
both ways with the exception of visitors and people. There's also
intersections that you're going to be traversing on a two-way bikeway, and
those may be frequented by people that are visitors and not quite familiar
with the operation of the two-way bikeway. We've struggled with this a little
bit. If it was a commercial street with a lot of shopping center driveways,
we wouldn't have even brought it to you, because it's just not something we
would recommend. Because of the quietness of Loma Verde and the low
volume of the driveways, it's something we considered for a little bit.
Vice Mayor Scharff: I know it wasn't the Staff recommendation, but would
you think it was in the realm of reasonableness given the safety, the way
you've described it, for Council to say move forward with the Loma Verde or would you say that you would have serious concerns about that?
Mr. Mello: I'll let Jeff weigh in too. They look at a lot of these types of
facilities across the country. I would say I think there's ways to mitigate if
there were driveways that we were really concerned about. There's
treatments that you can do at the driveways. You can actually raise the
path and create kind of a speed hump for the path users. There's enhanced
signage and striping. There's geometric things we can do to address if there
was one particular driveway or a handful of driveways that we were really
concerned about sight lines. I think a lot of the concerns can be mitigated.
I'll let Jeff talk a little bit more about it. We've talked about this extensively.
Mr. Knowles: The other thing I would mention is that the travel way would
be reduced to 19 feet, so it's a pretty narrow space for cars. That's also
going to be a traffic calming feature that, I think, was brought up. That's
TRANSCRIPT
Page 46 of 116
City Council Meeting
Transcript: 6/20/16
also going to have an effect of helping motorists be aware of bicyclists using
this. What Josh mentioned, kind of a rather innovative and, at this point,
fairly new configuration. We don't see a lot of it around the country at this
point, so it'd be a learning curve, especially for folks that live on this. Our
engineering staff, Alta is confident that this could be done safely. We
wouldn't have brought it otherwise to the City if we didn't think it could be
done safely because particularly those driveways, although the number is high, are residential. The same drivers are going to be going in and out of
their driveways every day and become quickly attuned to what they need to
look for. As I mentioned, they're already looking for pedestrians moving in
both directions and bicyclists in one direction. It's a new direction of
bicyclists coming across their path. Hopefully that answers your question.
Vice Mayor Scharff: With that explanation, I actually would support the
Loma Verde Bike Path. Given the price—part of it would be a conditional
support, frankly, in that I'm assuming we can use the grant money and get
them to go with that. If we can't use the grant money, I may still support it
frankly, but I'd like to know that before we went off and spent a lot of
money on it frankly. I have real concerns about—if we don't do the
Matadero Creek one, I think spending the $450,000 or $500,000 to do a
seasonal undercrossing makes zero sense at that point, I think. It's a big
number. I'm a little sensitive, frankly, that we spent $383,000 on this and,
at the end of the day, we won't really have anything to show for that money
other than we now know this doesn't work as a full Matadero Creek. I don't
really want to do that with the seasonal undercrossing. I don't really
understand, since the Finance Committee spent so much time looking at
where we are with our infrastructure and there really didn't seem to be enough Staff time and enough Staff resources to move forward on
infrastructure projects, and this holds two new Staff infrastructure projects,
which is a seasonal undercrossing and the Caltrain/Alma Street
undercrossing. I guess on that to spend $1 million or to direct Staff to go
start doing that without understanding how that fits into the overall plan of
how we're going to do our infrastructure and what money we're going to
spend, I don't think I would support that tonight. I might support it in terms
of a separate Staff Report that talked about framing it in terms of what this
affects the rest of the Infrastructure Plan and what the Staff resources are to
do this and what Staff that'll pull away and what's the likelihood after we
spend that $1 million that we'll actually get it funded. I might actually want
to see the VTA tax pass first. If the argument was that if you started it now,
you'll get first in line for that money. I'd just rather see a separate Staff
Report rather than do this, frankly, almost as an addendum to the Matadero
Bike Creek. I won't be supporting that tonight. I think that's really sort of
my thoughts at this point.
TRANSCRIPT
Page 47 of 116
City Council Meeting
Transcript: 6/20/16
Mayor Burt: Council Member Schmid.
Council Member Schmid: Let me go the other way around first, talk about
Loma Verde. Loma Verde is one of the critical east-west streets in south
Palo Alto. You can go from Amarillo to Charleston, two miles. There's only
thru-streets that go east-west. One is Colorado, one is Loma Verde, one is
East Meadow. Colorado, as you point out, is a smaller street. It actually
bends in the middle. It means the east-west car traffic is oriented there. It's important because West Bayshore has a lot of commercial operations. It
has some dense housing. It has three schools on it. There is a lot of traffic
during rush hour and other times. The bike lane is a solution of let's get
bicyclists comfortable on this road. The 63 driveways means probably
people backing out in the early morning hours which, during winter time, are
dark and kids are going to school. It's a challenge. We ought to keep that
in mind. Taking out a parking lane on Loma Verde. It works, but you use a
funny method of measuring parking. It's the average over different periods
of the day. We have dense housing built on Loma Verde and West
Bayshore. If you ever go by there in the evening, there's a good 40-45 cars
parked there, because people have to get from this dense housing to
employment or shopping neighborhoods, which aren't there. When you
average out, you say taking away a parking lane only leads to an 11 percent
decline in parking. Of course, if you go by there in the evening, it's a 37
percent decline in parking availability. Maddux being the only alternative
street can absorb four but not 14. You're asking people to go into the
neighborhood, because we tend to underpark our dense housing. What's the
alternative? Matadero. Matadero Creek got a funding grant from the Santa
Clara Valley Water District of $1.5 million. It was given because the Water District owns the right-of-way, and they were encouraging cities who have
those creeks in the right-of-way to turn it into bike and pedestrian paths. If
you look down the Peninsula, Mountain View, Sunnyvale, Cupertino, San
Jose, they all have wonderful pedestrian and bike paths. They do not
complain, you'll note, about privacy and security. Actually the value of the
properties tend to go up. You probably also noticed the Mountain View
Baylands have many more residents out there than the Palo Alto Baylands
do. Part of it is because of the Permanente Bike and Pedestrian Path from
the middle of the city to the Baylands. I like very much that you took the
issue of privacy and security very seriously and did your homework, looking
around, and found that there was not security issues. That's something, I
think, we have to keep a very sharp eye on. I think our neighboring cities
would assure you that they have not noticed that, and they are encouraging
the Water District to give more grants in their communities. I was struck in
the Planning Commission, how the Planning Commissioners were skeptical at
first. Once they began talking about the benefits of having an off-road path
TRANSCRIPT
Page 48 of 116
City Council Meeting
Transcript: 6/20/16
through the middle of a residential community, there's really a benefit for
the City. We do not have that. There are not other alternatives around. All
of a sudden, to have a vision of being able to go to the Baylands, to
Midtown, to California Avenue, to the Stanford Research Park, to the
Foothills, off-road is a safer alternative for kids, for joggers, for older people.
It's a wonderful addition to the City and an opportunity. I guess I like the
way you're doing it, very carefully, starting out with several segments, especially the ones that might connect to the Baylands, seeing if it works,
how it works with the Water District paying most of the bill. I would be
supportive of moving ahead with your first hybrid recommendation.
Mayor Burt: Council Member Kniss.
Council Member Kniss: ... me go way back for a minute. I'm going to guess
the only one here who might remember the Bryant Bike Path at the
beginning is Bob Moss. Anybody else you can think of, Bob? When that bike
path first started way back when, the streets on either side of it were the
streets that were left open and Bryant was closed. There was a great outcry
about that. That's been a long time. Bryant works very well and, I think,
probably everybody in this community has ridden Bryant at one time or
another. Just to mention, it was extremely controversial at the time. There
weren't bike paths. I don't remember what year it was but sometime in the
'80s. If you now fast forward to what we're talking about now, I find myself
with Cory on this, having trouble with the creek. As I said, full disclosure, I
was on the County Board when this was voted in. We made some visits to
it. I think in that length of time—thank you to the gentleman who brought
very illustrative pictures tonight about how one looks versus the other. I'm
continuing to have trouble with the creek aspect of it. I don't think I could articulate it more than you did tonight, Cory. It troubles me, and I would
truly be more comfortable going back to the Loma Verde. Let me also ask—
one of the things that another audience member asked tonight, Sherrie
Furman said, "What happened to East Meadow?" Did you look at East
Meadow? Did you consider that more thoroughly than, again, probably a
slightly wider street.
Mayor Burt: (inaudible)
Council Member Kniss: They just didn't give much attention to it. Pat's
reminding me it's still part of the plan, but it's not what we've really
discussed extensively. I'm looking at this right now. I see Colorado. I see
Loma Verde.
TRANSCRIPT
Page 49 of 116
City Council Meeting
Transcript: 6/20/16
Mr. Mello: East Meadow is being worked on under a separate contract. We
plan to bring you some different concepts for that relatively shortly, but it's
not part of this project. We are looking at it based on the direction we got
back in November, but it's not part of this Feasibility Study that we're
presenting tonight.
Council Member Kniss: Might we be working on them both at the same
time?
Mr. Mello: Yes. In November, you gave us clear direction to just move
forward with East Meadow regardless of what the outcome was for the
Midtown Connector.
Council Member Kniss: We could have those both under way
simultaneously. At this point—again full disclosure. I'm not a big biker.
When I look at something like—just a reminder. It's great when they have
numbers on the slides. When I look at something like this, that looks safe to
ride on, it looks as though I'd feel pretty protected, I would tend to ride on
that. I'm just not quite brave enough to do what the Vice Mayor and the
Mayor do which is—and Cory with his motorcycle—put on that helmet and
just ride down the street. It just isn't my comfort level. I believe in it, but I
do know that something like this would be very tempting. I wouldn't
hesitate to put my kids on a street that looked like this. I hear your
hesitancy, but this is quite appealing. Thanks.
Mayor Burt: Council Member Filseth.
Council Member Filseth: I don't think I have too much to add, maybe one
thing. The creek project conceptually is a great idea. We've got this creek,
we put a path down it, it'll go straight, we don't have to (inaudible) and so
forth. You can clearly see the attraction to this. Yet, it seems like, as we've sort of gone through actually figuring out what it would do, one compromise
after another has sort of come up. At this point, there is a lot of
compromise that would have to be made to try to get it to work. To Staff's
credit, I think Staff has tried really hard and done as good a job as can
possibly be done on this. Yet, faced with this, it only works for bikes on
some parts of it and not on other parts. You've got to do all this sort of stuff
to make it work. As I look at this, I'd probably just ride down Loma Verde
as is. To the Vice Mayor's question earlier, the right question on the—I don't
know what the right answer is, whether a two-way bike path is the right way
or not. I think the right question to ask is if Matadero Creek were not an
option, if it was just leave Loma Verde with one-way on each side versus do
TRANSCRIPT
Page 50 of 116
City Council Meeting
Transcript: 6/20/16
the two-way thing, then would we do it. I think that's probably the right
way to ask it. I think this is a lot of compromises that would detract from
people actually using what we've got here. I think Staff's done a yeoman's
job of trying to make it work. Thanks.
Mayor Burt: Council Member DuBois.
Council Member DuBois: I went back and looked at our report from last
November. It's a somewhat different take this time. I think last time Staff and the Advisory Committee both suggested against this path. It still feels
really disjointed. I think Council Members have spoken to that. I too have a
lot of concerns about the zigzag trail versus the straight shot on Loma
Verde, also the financing, the feasibility. The price on Loma Verde is right in
the budget if we can use that grant. I would say I empathize with the
privacy concerns. I don't think it's just about fencing. I think some people
may like their view of the creek or across the creek to their neighbor's
house. It's about noise, and it's about people being right there in your
backyard and maybe not wanting to put up a high fence. I also think the
comment about what's going to happen on the pedestrian-only sections if we
have bike sections and ped sections. I'm sure the bikes are just going to go
through on the ped sections. A lot of the public comments echoed my
thinking. I don't think the plan makes sense. If it's viewed as a starter for
eventually doing the whole thing, it was $4.3 million for the whole thing, and
we've got to go through a church and a school and Winter Lodge. We have
that crossing on Middlefield in the middle of the block, which could be an
issue as well. This has got the most expensive option, the most issues.
Again, we seem to be, at least for me, a little bit unclear on the goals. Is
this a connector from the Bay to the Foothills? Is it a short, fun little path? It still feels a little mixed. We compare that to Loma Verde. It's a straight
shot. I think at one point—were you saying that we could put speed bumps
at the end of driveways? I'm a little concerned about that.
Mr. Mello: No, no. I was suggesting that the path could be elevated to the
driveway, so it would actually slow down cyclists as they approach some of
the higher-volume or higher-conflict driveways.
Council Member DuBois: I think you also said we could potentially just
restripe Loma Verde, keep bikes on both sides on the proper sides of the
street, maybe use sharrows there. I think that makes total sense; we
should improve Loma Verde.
Mayor Burt: (inaudible)
TRANSCRIPT
Page 51 of 116
City Council Meeting
Transcript: 6/20/16
Council Member DuBois: Whatever the striping would be. I think you have
parking on one side, so I don't know where you'd put the bikes. Would it be
sharrows or something else?
Mr. Mello: No. We would add conflict markings, some green markings
where there is a lot of conflict at intersections, some bread crumbs to get
cyclists through intersections. I think we'd have to look at some traffic
calming devices as well.
Council Member DuBois: Ultimately, I want to go back to East Meadow. I
think it handles a ton of school traffic already. It makes the most sense to
me as a separated bike path. I know you said we're doing it, but I actually
suggest that we consider that to be the Midtown Connector. We do
improvements to Loma Verde, but really focus on East Meadow as the trail
that connects to our new bridge to the Baylands, have it go Los Robles to
Foothill and your connection up to Arastradero. Again, to me it seems like
it'll be the highest use. All the students going to Gunn will benefit from this.
When we get to the tracks, if we're going to do some kind of crossing,
eliminating an at-grade crossing, which we have today at East Meadow, and
replacing that with either, depending on what we do with the Caltrain, but
separating bikes, peds and potentially even cars from the train seems like a
much better investment and in line with some of our other plans versus
creating a totally new crossing somewhere else. If you did end up going to
that power station, you're going to come out near Fry's. You're not all that
far from the Cal. Ave. undercrossing. Ultimately, you're a few blocks away,
which seems like a lot of expense to get a new crossing there. I guess the
big question is, if we really focused on East Meadow—I asked it before, but
I'll ask it again. We have two separated bike paths, and it connects to the Baylands. Could we pitch that for the grant money? I think if we focused on
that, how likely do you think it is that we could convince them to give us the
money for that path?
Mr. Mello: I think we could submit a request to use the funding for any of
these corridors that we're discussing this evening. I would hazard to guess
what County staff and the County Board of Supervisors would agree to. I do
think East Meadow and West Meadow is a little bit of a stretch when the
grant was originally allocated towards the Matadero Creek Trail. That being
said, it does also connect the Bay, and it would tie into the Adobe/U.S. 101
overcrossing, that we're working on, more directly than Loma Verde would.
I think, again, we could submit a request for any of these corridors in regard
to the $1.5 million, but I can't presume to know what they would approve
and what they wouldn't approve.
TRANSCRIPT
Page 52 of 116
City Council Meeting
Transcript: 6/20/16
Council Member DuBois: I think last November, Council Member Kniss said
it was Stanford money and it had to be used in Palo Alto.
Council Member Kniss: Yes, there is. If you don't mine me mentioning. The
County is quite flexible when it comes to a grant like that, that deals with
connectivity and so forth. I don't believe it will be an issue long term. Yes,
there is money that can be used for recreation purposes within a six mile
radius of Stanford. That also goes through the Board of Supervisors.
Council Member DuBois: I think I made the point on the train
undercrossing. Spending $20 million for a new crossing where either it's
going to be close to the Cal. Ave. tunnel or we're going to have to acquire a
home in the middle there somewhere, I'm kind of with Council Member
Scharff here about not wanting to start spending money on that quite yet. I
have a tentative motion I'd like to go ahead and make, if that's all right. I'd
like to direct Staff to evaluate minor improvements to Loma Verde and
separated paths on East Meadow, and see if the grant can be applied to the
East Meadow improvements. Secondly, evaluate an undercrossing at
Meadow with consideration for the Caltrain trench discussions to reach
conclusion before we spend money on a different alignment.
Vice Mayor Scharff: What do you mean (inaudible) spend money?
Council Member DuBois: (crosstalk)
Mayor Burt: I'm sorry. Is that your Motion?
Council Member DuBois: Yes.
Mayor Burt: Is there a second?
Council Member DuBois: I had a question.
Council Member Filseth: I'll second it.
Mayor Burt: Seconded by Council Member Filseth. Makers have to make their Motion and then get a second, and then they can go back. Do you
want to speak to your Motion?
MOTION: Council Member DuBois moved, seconded by Council Member
Filseth to direct Staff to:
TRANSCRIPT
Page 53 of 116
City Council Meeting
Transcript: 6/20/16
A. Investigate minor improvements to Loma Verde Avenue and a
separated path on East Meadow Drive and see if the Santa Clara
County grant money can be applied to the East Meadow Drive
improvements; and
B. Focus on a crossing at East Meadow Drive and Alma Street with
consideration for the Caltrain trench discussion.
Council Member DuBois: Yeah. To evaluate minor improvements to Loma Verde and separated paths on East Meadow and see if the grant can be
applied to the East Meadow improvements. That would be "A," I guess. "B"
would be—instead of "evaluate," say "focus on a crossing at East Meadow
with consideration for the Caltrain trench discussion." At East Meadow and
Alma, I guess, if that's not clear. I think I spoke to a lot of this. I think
Loma Verde makes a lot of sense. I agree with Council Members there. I
am a little bit concerned about the separated, both lanes on one side of the
street. I would look to Staff to suggest improvements and maybe some
slowing of traffic, and then really make East Meadow the Midtown
Connector.
Mayor Burt: Council Member Filseth.
Council Member Filseth: A couple of questions on the Motion. I want to
make sure Staff has enough latitude on this to—you say minor
improvements on Loma Verde. I hope that gives Staff enough latitude to
consider a lot of different alternatives on Loma Verde. Maybe get rid of the
word "minor" or something like that if Staff feels like they've got enough
latitude to do what they want there. The second one is do you want to give
Staff the latitude to consider a crossing of the train tracks maybe not
necessarily at East Meadow, but potentially at Loma Verde if appropriate. Do you want to limit them to East Meadow?
Council Member DuBois: The point was we already have a bunch of kids
crossing at-grade, and it was to fix that, spend the money to make a more
safe situation. I meant East Meadow.
Mr. Mello: If I could. We'd also like you to adopt the Feasibility Study, so
we can close out this phase of the project. By adopting, you're not
accepting the recommendations. You're just adopting the document as
presented.
Council Member DuBois: That's fine if you want to add that.
TRANSCRIPT
Page 54 of 116
City Council Meeting
Transcript: 6/20/16
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion, “adopt the Midtown
Connector Feasibility Study.” (New Part C)
Mayor Burt: I want to wade in because I didn't get a chance to speak before
we had a Motion. A few things that I just want to clarify. First, on the issue
of whether we should continue to evaluate a grade separation at Loma
Verde, whether it be the full Alma and tracks, which we don't have on any pure—I shouldn't say we don't have any. We have at Cal. Ave. one that we
can't ride through, but basically we have one. We have actually, if you look
at—first the need. We have a distance between East Meadow and Cal. Ave.
of about—pardon me?
Male: (inaudible)
Mayor Burt: Between East Meadow and Cal. Ave.?
Male: (inaudible)
Mayor Burt: One point what?
Male: 1.3 (inaudible).
Mayor Burt: 1.3 miles with no track crossing. There is a need. Those who
aren't kids who ride or adults who ride don't necessarily have that
understanding of, if you want to have a bike system, you can't have that
kind of distances where people have to ride a half mile up one way and
three-quarters a mile back another way to just get across the tracks. That
doesn't work. People who don't understand biking can say real easily it's not
needed, but it's not accurate. The other issue is long term the need for a
grade separation. The initial studies we're looking at for the entire Caltrain
crossings at East Meadow and Charleston, which are going to be amongst
the biggest construction and Public Works projects we've ever had in our community if and when they occur, I think eventually they're going to need
to occur. The notion that we'll have a whole other generation of kids who
won't have a safe grade separation crossing across Caltrain because this
motion would say it's really not needed to have one at Loma Verde since
eventually we're hoping to have something at East Meadow, I think that's
misguided. Those are a couple of points. I actually think that the Loma
Verde alternative is interesting especially for Ross westward to Alma. I'm
not sure if everybody appreciated that in order to get the desired two-way,
TRANSCRIPT
Page 55 of 116
City Council Meeting
Transcript: 6/20/16
separated bike path, that requires losing parking on one side of Loma Verde.
Correct?
Mr. Mello: It's parking at night. It's a bike lane during the day. We'd be
removing a part-time parking lane, yes.
Mayor Burt: We have some places in the City where we have that model.
Right?
Mr. Mello: Yeah. We also have it on North California Avenue. We did a parking occupancy study of North California Avenue, and we found that
people are not even using—the part-time lane is underutilized at night, even
though parking is permitted. We didn't encounter a lot of resistance with
our plans to actually remove the part-time lane on North California.
Mayor Burt: Wait a minute. Are you referring that it would be parking at
night under the fully separated?
Mr. Mello: No, no. The current condition today is there's a part-time bike
lane, part-time parking lane on some segments of Loma Verde where the
separated bikeway would be.
Mayor Burt: The change in order to put in a two-way, Class IV bikeway
would—the change to the parking on Loma Verde would be what?
Mr. Mello: Removing the part-time, overnight parking lane, converting it to
a full-time, separated bikeway.
Mayor Burt: Currently during the day, they can't park. They can park at
night. Under this condition, there wouldn't be parking at night. I think
that's something that would be a significant benefit to the community, but I
don't think we should kid ourselves that this would be something that would
be just accepted readily. We've seen the concerns that we have of residents
along Matadero Creek and the opposition we've had to trying to have even a portion of Matadero Creek where it works pretty well have that bike path. I
don't think we should kid ourselves that this on Loma Verde would be some
kind of slam dunk. On the other hand, as Council Member Kniss stated and
as our Staff has done, having a really fully separated, two-way bikeway is a
very significant safety improvement, probably even with the challenges of
the driveway curb cuts. I got persuaded. At first I was pretty skeptical, but
as Josh explained, one, we're not talking about crossings other than people
who reside there and know they're crossing a bike path. Second, there
TRANSCRIPT
Page 56 of 116
City Council Meeting
Transcript: 6/20/16
could be some physical measures to reduce those hazards. It's not as if we
have something without those curb cuts; we do. I also wanted to just—
same situation as when we're talking about track crossings. If we're really
going to have a bike system in our community, having basically one bike
route between—not having an east-west route between East Meadow and
Oregon basically or even nowhere we'd say the next one is, that's a long
distance to not have an east-west route. Those who say we ought to just have East Meadow, the biking community including the school biking
community really know that you need to have routes. If you're a bicyclist
and you have to go out of your way by a half mile to get onto a bike path or
boulevard, a good safe bike route, and then when you take that given
distance and you have to go back a half mile to get back to essentially the
east-west route that you were intending to go on, that's not an efficient bike
system. We're not really going to see a lot of expansion in bike use if we do
that. I think both need to be considered whether we do improvements to
Loma Verde without the full separation or the separation or the hybrid.
There is a need, in my mind, for the Midtown Bike Corridor, and East
Meadow is not the Midtown Bike Corridor. That's an additional corridor that
we have. One of the good things about East Meadow is that between Alma
and Waverley, there basically aren't any curb cuts. The homes there are all
facing the circles; there aren't curb cuts. On the north side between
Waverley on Middlefield, there are curb cuts. On the south side, it is the
schools and the parks and those areas. There are no house curb cuts; there
are a few other curb cuts. That works a lot better, but that's a different
issue. I think I'm really going to—I would need to see changes in order to
support this Motion. Also, I'm sorry I neglected to bring up the Staff proposal is—from the discussion, it sounded as if the Staff proposal was to
continue with the Matadero Bike Corridor between 101 and Alma, but it's
not. It's only to have it between 101 and Ross. I think that's a reasonable
alternative. I don't see any real significant problems with that segment. I
would be open to focusing on Loma Verde if we had a sense that we could
actually get this separated bike path on Loma Verde. If we can't, then I
would want to have the hybrid system of the Matadero Path to Ross and
then Loma Verde from there to Alma. This motion has several problems in
my mind. First, it only talks about minor improvements to Loma Verde.
Second, it confuses the need in the Midtown area with the East Meadow
improvements. I think both are needed. It basically eliminates what's a
plan and long-adopted intention to have a grade separation that is for
pedestrians in between East Meadow and Cal. Ave. There was a member of
the public that was concerned about our intended rail program. The design
that we've evaluated only begins to be a trench south of this creek. South,
yes. There isn't that conflict, if we go with that design, and that design is
not settled on. I could not support this motion on several grounds.
TRANSCRIPT
Page 57 of 116
City Council Meeting
Transcript: 6/20/16
Male: (inaudible)
Mayor Burt: There was already—you already proposed an amendment to
just eliminate the word "minor" improvements to Loma Verde, and that
wasn't accepted. I think it would have to be a Substitute Motion. Why don't
we go ahead and—we have a bunch of speakers. One, we need to look at
the clock. We need to try to truncate our discussion on this.
Council Member DuBois: Eric, did you propose "minor"?
Council Member Filseth: (inaudible) I'm happy to if you'd accept it.
Council Member DuBois: (inaudible)
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to remove from the Motion Part A, “minor.”
Council Member Filseth: I'm also happy to propose that Staff have the
latitude to consider a crossing at Loma Verde as well as East Meadow.
Council Member DuBois: I guess I'll allow that.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion Part B “or Loma Verde
Avenue” after “East Meadow Drive.”
Council Member Filseth: I'm less convinced on the issue of the dual thing
where you go down Loma Verde and then cut across on Ross to Matadero.
If it was me, I'd just keep riding down Loma Verde. It's straight.
Mayor Burt: When we do the full grade separations at East Meadow and
Charleston, they will have pedestrian separations. There's no need to have
this Midtown Corridor address that. That's just basically saying don't do
Loma Verde or put a emphasis on East Meadow instead of Loma Verde. It's
not in support of Loma Verde. I wouldn't support it as long as it asked to
have the focus on East Meadow. I will ...
Council Member Filseth: To the maker of the Motion, East Meadow seems
problematic to me too, because we're just going to do it again.
TRANSCRIPT
Page 58 of 116
City Council Meeting
Transcript: 6/20/16
Council Member DuBois: Again, that's where a lot of the bike traffic is
today. I don't see school kids going from Loma Verde to the middle of
Ventura.
Mayor Burt: That's because you can't get across the tracks, Tom.
Council Member DuBois: Right. Where they end up going is over to East
Meadow to get to Gunn or to Terman.
Mayor Burt: I'll just say that's pretty self-evident that they aren't going anyplace but East Meadow, because they can't get across the tracks any
other way.
Council Member DuBois: I'm very concerned about this eminent domain
that we'd essentially be (crosstalk).
Mayor Burt: I'm sorry. Staff already answered that we have a power
substation on the west side, and that's what their recommendation is.
Correct? On Loma Verde, we would ...
Mr. Mello: That would potentially allow us to avoid right-of-way acquisition,
if we were to use the substation. Yes.
Mayor Burt: I will offer a substitution to "B" which is to delete the portion
that says "at East Meadow Drive or." Which means that it will still have to
include potential trenching but would focus on Loma Verde.
Council Member Kniss: Are you going to suggest (inaudible) included?
Mayor Burt: If the maker of the Motion will accept it, sure.
Council Member Filseth: He's asking if the maker of the Motion will accept
it.
Council Member Kniss: I'll second it.
Mayor Burt: Seconded by Council Member Kniss. We need to then focus on
the Amendment. Does anyone feel a need to speak specifically to the Amendment? Council Member Kniss.
TRANSCRIPT
Page 59 of 116
City Council Meeting
Transcript: 6/20/16
AMENDMENT: Mayor Burt moved, seconded by Council Member Kniss to
remove from Motion Part B, “at East Meadow Drive or.”
Council Member Kniss: Nope, I'm fine.
Mayor Burt: Vice Mayor Scharff.
Vice Mayor Scharff: I agree with the intent of the Amendment, but I'm
going to vote against it. I think the whole Motion needs to change. I think
the motion needs to change to allow focusing on the Class IV bike path along Loma Verde. I think investigate improvements to Loma Verde is too
weak and doesn't give Staff enough direction. I think that we need a
Midtown Connector, and I think that would be Loma Verde, not East Meadow
as Mayor Burt said. I think trying to fix this Motion is the wrong way to go.
I'm going to vote against the Amendment because I want to vote against the
Motion.
Mayor Burt: I guess I don't disagree with what Vice Mayor Scharff just said.
It's a question of piecemeal. I'm going to withdraw the Amendment. I will
also vote against this Motion. I was trying to look for a more expeditious
way to get through this. I agree with him. Council Member Schmid,
speaking just to the Motion.
AMENDMENT WITHDRAWN BY THE MAKER
Council Member Schmid: Let me make one suggested amendment to "A."
The last part of the sentence says see if the grant money can be applied to
East Meadow Drive improvements. Add the clause "if not, use the grant
money on the Segments D, E and F of Matadero Creek."
Council Member DuBois: No. I'm sorry.
Council Member Schmid: I'm suggesting this as an Amendment, because I
believe the Water District has identified creek paths as the user of the funds.
Mayor Burt: Council Member Schmid, I think that Vice Mayor Scharff's
intended alternative Motion, if this fails, would be addressing that. I don't
know if you want to wait and try to capture it into his. If that's okay, Vice
Mayor Scharff.
TRANSCRIPT
Page 60 of 116
City Council Meeting
Transcript: 6/20/16
AMENDMENT: Council Member Schmid moved, seconded by Council
Member XX to add to Motion Part A, “if not proceed, use the grant money on
Segments D, E, and F.”
AMENDMENT WITHDRAWN BY THE MAKER
Vice Mayor Scharff: I'll make a substitute Motion. Staff work with the
County to see if we can use the County funds to create a Class IV, protected
bike lane on Loma Verde and, if we can't, then we can put in Council Member Schmid's language about going back and looking at just that three
segment, C, D and E.
Mayor Burt: We can't hear you too well.
Vice Mayor Scharff: Sorry. The concept here would be that, if we can't use
the County funds on Loma Verde, we come back and look at this one more
time, whether or not we decide to let the County funds go basically, which is
what you wanted to put in there, Council Member Schmid, if I understood
that.
Council Member Schmid: Yes, it's right above that.
Vice Mayor Scharff: That's what we do on "A." I think the answer would be
that we—when we say focus, I would say focus on a—what are we saying?
"Focus at a crossing at Loma Verde Avenue or near Loma Verde Avenue.
Before spending any money, come back to Council."
Mr. Mello: Could we come back with a plan on how to advance the crossing,
and then let you decide whether to proceed (crosstalk).
Vice Mayor Scharff: Yes, that's what I mean.
Mr. Mello: We'll come back with more concrete numbers on how much it'll
cost and what the recommended steps are to advance that project.
Council Member Schmid: You need a second.
Vice Mayor Scharff: I just want to get it right. On "A," Staff work with the
County to see if we can use the County funds to create a Class IV, protected
bikeway on Loma Verde. Then Council Member Schmid's language which
TRANSCRIPT
Page 61 of 116
City Council Meeting
Transcript: 6/20/16
should be "if not, come back to Council to consider whether or not to use the
grant money on Segments D, E and F." I didn't say do it, said to consider it.
Mayor Burt: Seconded by Council Member Schmid. Vice Mayor Scharff, do
you want to speak to your Motion?
SUBSTITUTE MOTION: Vice Mayor Scharff moved, seconded by Council
Member Schmid to:
A. Direct Staff to work with Santa Clara County to determine if the Santa Clara County grant funds can be used to create a Class 4 bike pathway
along Loma Verde Avenue and if not, return to Council of where to use
the grant money on Segments D, E, and F; and
B. Focus on a crossing at Loma Verde Avenue and return to Council prior
to spending the funds.
Vice Mayor Scharff: I do. I think one of the things we have to be a little
careful as a Council is what came before us tonight was really the Loma
Verde Class IV bikeway concept and the Matadero Creek. We weren’t really
talking about East Meadow. East Meadow is coming to us as a separate one.
What I don't want to do is basically decide to look at East Meadow and throw
out the whole concept of a Midtown Connector. That's what I thought the
prior Motion was doing. I think it's really important to have that Midtown
Connector, to actually have our (inaudible). That's why I support this.
Mayor Burt: (inaudible) Feasibility Study also.
Vice Mayor Scharff: Also, I would accept the Feasibility Study, "C."
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Substitute
Motion, “adopt the Midtown Connector Feasibility Study.” (New Part C)
Mayor Burt: Council Member Schmid.
Council Member Schmid: I think the topic tonight is really the Midtown
Connector. This deals with that much more directly.
Mayor Burt: Can I ask—there's one issue on "A." It says we'd only redirect
the funds toward Segments D, E and F if the County will not allow us to do
TRANSCRIPT
Page 62 of 116
City Council Meeting
Transcript: 6/20/16
the Class IV on Loma Verde. Would we want to give that direction to Staff
also if the Class IV was determined to be infeasible?
Vice Mayor Scharff: Yes.
Mayor Burt: If that additional language can be added. Council Member
Wolbach.
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to Substitute Motion Part A, “or the Loma Verde Avenue Path is determined to be infeasible” after
“and if not.”
Council Member Wolbach: I definitely prefer the substitute Motion to the
prior Motion. I think there are a couple of tweaks that we should probably
make. I think we should actually break apart Part A into two different
sections, but I want to make sure that Vice Mayor Scharff hears my question
on this. I'll wait just a second. Should I wait or should I just (crosstalk).
Mayor Burt: Go ahead.
Council Member Wolbach: I think we should just have a separate section.
One is we should direct Staff to move forward with study of Loma Verde,
and separately see if we can use the funds from the County for that. I think
we should move forward Loma Verde whether we have the County funds or
not. The County funds shouldn't be determining whether we move forward.
I was just going to suggest breaking apart "A" into two separate pieces. I
also think that we should give a little bit more leeway to Staff. They have
expressed an interest or the possibility of other improvements that might be
less ideal for bikers but might be more feasible or less expensive to improve
Loma Verde, whether through painting or other less expensive or less
dramatic improvements. Currently, I'm inclined to support a Class IV bike lane, but I want to at least compare it to the other options before we lock in
on a Class IV bike lane for the future of Loma Verde. On the crossing, it
should probably say, "focus on an Alma and Caltrain crossing," just to be
clear. I don't know if the maker of the Motion heard my suggestions there.
Vice Mayor Scharff: We (inaudible).
Council Member Wolbach: I'll repeat them. Let's start with the easy one.
In "B," where it says "focus on a crossing," we should probably say "a
TRANSCRIPT
Page 63 of 116
City Council Meeting
Transcript: 6/20/16
Caltrain and Alma crossing," just to make it clear what crossing we're talking
about.
Vice Mayor Scharff: Instead of "focus," why don't we say "investigate a
crossing"?
Council Member Wolbach: Yeah, "investigate."
Mayor Burt: It's really an (inaudible). They're supposed to come back with
a plan for an alternative analysis. Is that the best description?
Vice Mayor Scharff: That might be the best description.
Mr. Mello: We're going to return with a project plan essentially on how do
we advance this crossing.
Vice Mayor Scharff: We can do that. Instead of "investigate," we should say
"return with a plan."
Council Member Wolbach: My main recommendation was that we split apart
Part A, and just start with "direct Staff to explore or to come back with
alternatives for bike pathway improvements along Loma Verde Avenue
including but not limited to a Class IV." If there are alternatives, we can
make that final decision at a later point after we've gotten a little bit more
neighborhood input and we've really studied it. There might be other
alternatives.
Mayor Burt: (inaudible)
Council Member Wolbach: I'm personally leaning towards a Class IV, but I
want to at least make sure we've looked at all of our options for Loma
Verde.
Vice Mayor Scharff: Say that again, because I actually think you're probably
right. I just want to make sure that we get it in there, that Staff favors
doing a Class IV.
Council Member Wolbach: Right. Direct Staff to—the other thing I'm doing
here is separating the discussions with County. I would make that a
separate item on here.
TRANSCRIPT
Page 64 of 116
City Council Meeting
Transcript: 6/20/16
Vice Mayor Scharff: Just say what you were going to say.
Council Member Wolbach: Direct Staff to return with plans for a Class IV
bike pathway along Loma Verde as well as alternative bike pathway
improvements to Loma Verde.
Vice Mayor Scharff: Okay.
Mayor Burt: Is there a preference for the Class IV intended?
Vice Mayor Scharff: I want preference in there.
Mayor Burt: You do?
Vice Mayor Scharff: I do.
Mayor Burt: Then you (inaudible).
Council Member Wolbach: We could just say "return with alternatives for
Loma Verde with a preference for Class IV." That would be a little bit more
concise.
Vice Mayor Scharff: Sure.
Council Member Wolbach: I'd suggest just ...
Vice Mayor Scharff: Wait. Let them get that right. I can only think of one
thing at a time.
Council Member Wolbach: That looks good to me. Maker and seconder?
Vice Mayor Scharff: Yeah, bikeway improvements.
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to replace Part B of the
Substitute Motion with, “return with a plan for a Caltrain crossing at Loma
Verde Avenue and Alma Street prior to spending funds.”
Council Member Wolbach: I would just move the rest of that paragraph into
a separate paragraph just because it's a separate question.
TRANSCRIPT
Page 65 of 116
City Council Meeting
Transcript: 6/20/16
Vice Mayor Scharff: I'm fine with that.
Council Member Wolbach: First is what we want to explore on Loma Verde.
The second is looking at money.
Vice Mayor Scharff: That's fine.
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to replace Part A of the
Substitute Motion with:
A. Direct Staff to return with bikeway improvements along Loma Verde
Avenue with a preference for Class 4 Bikeway improvements; and
B. Work with Santa Clara County to determine if the Santa Clara County
grant funds can be used to create a Class 4 bike pathway along Loma
Verde Avenue and if not, or the Loma Verde Avenue Path is
determined to be infeasible, return to Council of where to use the
grant money on Segments D, E, and F.
Council Member Wolbach: I'll be honest; this one you might be less than
enthusiastic about. I'm ready to pull the plug on the creek. I'd suggest
removing return to Council of where to use the grant money on Segments D,
E and F.
Vice Mayor Scharff: I'm not going to accept it. If you or other people feel
that way, you may want to make an Amendment and see how that votes.
Council Member Wolbach: I'll make that as a separate Amendment.
Council Member DuBois: I'll second.
AMENDMENT: Council Member Wolbach moved, seconded by Council
Member DuBois to remove from the Substitute Motion Part B, “if not or the
Loma Verde Avenue Path is determined to be infeasible, return to Council of
where to use the grant money on Segments D, E, and F.”
Council Member Wolbach: Just to speak to it. I mentioned earlier I was one
of the votes—the last time we studied this, the last time this came to
Council, I was one of the votes to say let's really look at this as closely as we
can. Let's give it the best chance we can. I think we've done that. I think
TRANSCRIPT
Page 66 of 116
City Council Meeting
Transcript: 6/20/16
we've studied it to death. Staff, PTC, members of the community poured a
lot into trying to make this work. I don't think it works. Even if we have the
money to do it, I don't think it's a good idea for our community. I'd suggest
letting go of a bike path along Matadero.
Council Member DuBois: To speak to my second. Rather than—actually I'd
offer maybe a friendly amendment. Rather than just deleting D, E and F, as
a fallback, a second option would be to ask the County if we could spend that money on Meadow as a connection to our bike bridge to the Baylands.
The first thing would be to ask for Loma Verde. If they say no, have a
secondary use.
Council Member Wolbach: I would just say "ask if we can use it for any of
our other bikeway improvements in the area." Rather than specifying East
Meadow, just ask if we can use it somewhere else, but drop reference to
Matadero Creek.
Council Member DuBois: Can we add that?
Council Member Wolbach: Let's change "remove" to "replace." If it says "if
not," "return to Council with alternatives of where the money can be spent."
AMENDMENT RESTATED: Council Member Wolbach moved, seconded by
Council Member DuBois to replace in the Substitute Motion Part B, “if not or
the Loma Verde Avenue Path is determined to be infeasible, return to
Council of where to use the grant money” with “if not return to Council with
alternatives for use of the grant money if possible.”
Council Member DuBois: Again, I won't support the Motion with D, E and F
in there. I really think it's a waste of Staff time and money. We'd be back
to a 6-month-a-year underpass and a short path that doesn't really go
anywhere. Those streets are pretty quiet. There'll be (inaudible) to connect Ross and Greer.
Mayor Burt: I'm not quite clear what this Amendment is saying regarding
the Matadero D, E and F segment. I want Council Member Wolbach to hear
this if possible. I want to speak to this real quickly. I want to quickly just
really say Council Member Wolbach said that the PTC, the Staff and the
community had basically all opposed this D, E and F. Actually ...
Council Member Wolbach: I don't think I said that.
TRANSCRIPT
Page 67 of 116
City Council Meeting
Transcript: 6/20/16
Mayor Burt: I thought I heard you say that.
Council Member Wolbach: No. I said they tried to make it work, and I don't
think it works. They tried really hard to make it work, but I think
(crosstalk).
Mayor Burt: Actually the Staff, the PTC, both supported it. Out of the
community, we certainly have members of the community here tonight who
mostly—I don't know. I'd be interested in hand-raising. My understanding is the vast majority of those who have been concerned about this are on the
west side of Middlefield rather than in this stretch between Ross and 101.
When we had the broader section of the public, we had about two-thirds
supporting this in concept, but Staff and others, PTC have come back and—I
think it's a valid case that it just doesn't work effectively to try and pursue
the path in between Ross and Alma. I just wanted to make sure that folks
understood that those were the recommendations of Staff and the PTC, to
have D, E and F as part of the recommendation. I'll be voting against the
amendment. We've got to try and speed ourselves on. Vice Mayor Scharff.
Vice Mayor Scharff: I also am going to vote against the Amendment. I
think it's a little—I know it's not meant that way. I think to say how we
would spend the money—if we can't use it on Loma Verde, they're not going
to let us use it on Meadow. I just can't see that. I think basically it's decide
not to do it. It becomes, at that point, a decision whether or not you want
to do that without any cost to the City or whether you don't. I think before
throwing the money away, we should have a Council discussion and say, "Do
we want to do this just on this segment, because frankly it's free or roughly
free or do we want to just say no?" I don't want to make that decision
tonight. I don't want to say—I understand, but I think the notion that we could use the money somewhere else at that point is just not really true.
Mayor Burt: Let's go ahead and vote on the Amendment. That fails on a 5-
3 vote with Council Members Wolbach, DuBois and Filseth voting yes. Now
we'll return to the Substitute Motion.
AMENDMENT FAILED: 3-5 DuBois, Filseth, Wolbach yes, Berman absent
Council Member Kniss: Is that to vote?
Mayor Burt: We have—Council Member Holman wants to speak.
TRANSCRIPT
Page 68 of 116
City Council Meeting
Transcript: 6/20/16
Council Member Holman: Has my light not been working? I've had it on
three or four or five times, and I've yet to speak to this matter. Is my light
just not working?
Mayor Burt: No. The matter changed, and I cleared the lights two different
times. When we get a Substitute Motion—you know those rules.
Council Member Holman: Before there was a Motion, I even had my light
on. Anyway, just checking in. Clarification on "A." Is the intention there—direct Staff to return with bikeway improvements along Loma Verde Avenue
with a preference for Class IV, is that separated? Is the intention to be
separated?
Vice Mayor Scharff: Yes. Let Class IV be separate.
Council Member Holman: The Staff presentation clearly indicates (inaudible)
separated bikeway. I just want to make sure we're all clear on that. If we
could amend Section A with—because I think this is really important to ...
Council Member Kniss: (inaudible)
Council Member Holman: Yes. To a lot of people in the community. I know
Staff referenced some of the things that might be indicated here. If "A"
could be amended to say "with clear indication of what on-street markings
and signage might be recommended." Vice Mayor Scharff, looking for that
to be ...
Vice Mayor Scharff: (inaudible)
Council Member Holman: Signage and on-street marking would be
recommended by Staff.
Vice Mayor Scharff: I think that would be—I would hope that would be
included in the plan, but I see no negative to putting that in. Does Staff?
Mr. Mello: No. I think you're alluding to aesthetic impacts of signing and striping.
Council Member Holman: Yes.
Mr. Mello: We would certainly address that in the plans.
TRANSCRIPT
Page 69 of 116
City Council Meeting
Transcript: 6/20/16
Vice Mayor Scharff: That's fine.
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Substitute
Motion Part A, “with clear indication of what signage and on street markings
would be recommended by Staff.”
Council Member Holman: Thank you. I know the community's talked a lot
about that. You made allusion to some of the things that might be possible or required or necessary from your perspective, but I think it's just clear to
make that discrete here. I think that's it. Thank you.
Mayor Burt: Council Member DuBois.
Council Member DuBois: I just want to say I have a serious concern about
this Class IV bikeway. I think we're going from 11-foot car lanes to like 9
1/2 feet. What's the legal minimum width for a car lane?
Mr. Mello: There's no legal minimum width. Highway lanes are typically 12
feet on freeways. We have nine and 10-foot travel lanes throughout Palo
Alto. I wouldn't go below nine feet just because there's vehicles that are
wider than nine feet that may be using residential streets.
Council Member DuBois: Again, I like Loma Verde as a bike street. I'm
concerned about this and the issues we all heard tonight, two-way bike
traffic on one side, shrink the lanes. I know you said a preference for a
Class IV. I would be more supportive if maybe we saw some options of kind
of Class IV versus not—with bike traffic on both sides of the road. Would
you be open to that at all?
Vice Mayor Scharff: I think we're already getting options by the clear
preference for Class IV.
Council Member DuBois: If it comes back with clear options (inaudible).
Mayor Burt: Council Member Schmid, and then I think we're done.
Council Member Schmid: Just a clarification on "B." The next to last line
has an "of where" in there. Does that belong?
Vice Mayor Scharff: It shouldn't be there.
TRANSCRIPT
Page 70 of 116
City Council Meeting
Transcript: 6/20/16
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to remove from the Motion
Part B, “of where.”
SUBSTITUTE MOTION RESTATED: Vice Mayor Scharff moved, seconded
by Council Member Schmid to:
A. Direct Staff to return with bikeway improvements along Loma Verde
Avenue with a preference for Class 4 Bikeway improvements with clear indication of what signage and on street markings would be
recommended by Staff; and
B. Work with Santa Clara County to determine if the Santa Clara County
grant funds can be used to create a Class 4 bike pathway along Loma
Verde Avenue and if not, or the Loma Verde Avenue Path is
determined to be infeasible, return to Council to use the grant money
on Segments D, E, and F; and
C. Return with a plan for a Caltrain crossing at Loma Verde Avenue and
Alma Street prior to spending funds; and
D. Adopt the Midtown Connector Feasibility Study.
Mayor Burt: I think that covers it. Please vote on the board. That passes
7-1 with Council Member DuBois voting no. Thank you all, to the Staff and
the public, for everybody's thoughtful participation.
SUBSTITUTE MOTION AS AMENDED PASSED: 7-1 DuBois no, Berman
absent
Mayor Burt: We'll take a brief five minute break, and then convene our next
item.
Council took a break at 9:29 P.M. and returned at 9:39 P.M.
TRANSCRIPT
Page 71 of 116
City Council Meeting
Transcript: 6/20/16
19. PUBLIC HEARING: 567 Maybell Avenue [15PLN-00270]: Approval of
Mitigated Negative Declaration and Tentative Tract Map With Lot Size
Exceptions to Subdivide Four Parcels Totaling 2.47 Acres Into 16
Single-Family Lots, Ranging from 5,000 SF to 6,186 SF, and one Parcel
for a Private Street. Environmental Assessment: Mitigated Negative
Declaration. Zoning Districts: R-2 and RM-15.
Mayor Burt: Our next item is a Public Hearing on 567 Maybell Avenue, an approval of a Mitigated Negative Declaration and tentative tract map with lot
size exceptions to subdivide four parcels totaling 2.47 acres into 16 single-
family lots ranging 5,000 square feet to 6,186 square feet and one parcel for
a private street. The environmental assessment is a Mitigated Negative
Declaration. The zoning districts are R-2 and RM-15. Welcome, Mr. Lait.
Jonathan Lait, Planning and Community Environment Assistant Director:
Thank you, Mayor Burt. We're going to have Sheldon Ah Singh give the
Staff presentation this evening.
Sheldon Ah Singh, Contract Planner: Thank you and good evening. This is a
2.47-acre site, and it does have existing four single-family homes that front
Maybell. The balance of the site is a former vacant orchard that fronts
Clemo. The proposal is for a 16-lot subdivision. It's for single-family
development; it also includes one private street. The subject property
includes two zoning districts. It includes R-2, low density residential, as well
as RM-15, multifamily residential. It does have flat topography. It's
surrounded by a mix of uses, single-family, multifamily and a park that's
across the street. There are also three schools within the vicinity. There are
also suggested routes to school that include Maybell, Arastradero and
Clemo. Some just real recent history on the project site, as there is a much more deeper history. There's a 23-unit project that was submitted last year,
and it included a subdivision and an Architectural Review application. In
December of last year, that project was whittled down to 16 units, and that
just included a subdivision. The applicant suspended their Architectural
Review application at that time. Last month, the Planning Commission
recommended approval of the project. This diagram shows the subdivision
plan. It's 16 lots and a private street. The private street is 26 feet in width
and does include a setback of 20 feet for the buildings. That's why you get
down to that 26 feet for private streets. Five units will be proposed along
Maybell, with four of the units sharing driveways. The idea behind that is to
reduce curb cuts along that corridor. There will be 11 units on the interior
with access to the private street at Clemo and Maybell. There is no
vehicular access at that point; that's just for bicycles and pedestrians as well
emergency access. The 11 homes would be going on Clemo and then
TRANSCRIPT
Page 72 of 116
City Council Meeting
Transcript: 6/20/16
exiting onto Arastradero. The project does include some conditional
exceptions to the R-1 standards. Those include lot dimension deviations
from either width or depth; the required width is 60 feet and the depth is
100 feet. That gets you the 6,000-square-foot minimum size lots. Two of
those lots actually have both a lot size deviation and lot dimension deviation.
Those two lots with the crosshatching are less than 6,000 square feet.
There was a traffic study that was conducted of this project. It concluded that there would be 114 new daily trips from this site. That gets broken
down into the A.M. peak and the P.M. peak. During the A.M., you have nine
peak trips, six of those trips would be using the Arastradero-Clemo
intersection. In the afternoon, you would have 12 P.M. trips. There was
some extensive public outreach by both the City and the applicant. The City
did hold two stakeholder meetings, one October 22nd, the other on
November 4th of last year. Those were with the neighborhood leaders; it
was a much more focused group discussing the project. There was a
community meeting that followed that up in April, that was conducted by the
applicant and included a much wider audience. At that meeting, there was a
consensus that there is a lot of traffic in the area, but that's an existing
issue. In addition, there was some broad support for the subdivision as
currently proposed by the applicant. A couple of key issues here in the
subdivision and the conditional exception findings would be the compatibility
and connectivity of the subdivision as well as addressing the Mitigated
Negative Declaration. With compatibility, it's not likely that when developed
it'll be obvious that there are two lots that are less than 6,000 square feet as
they are in the interior or be obvious that some of these lots are less in lot
dimensions. The overall character of the project would be consistent with the neighboring single-family development as well as the project does
include a low amount of new traffic. Specifically with the connectivity—just
tell you about the context. There are three schools within the vicinity. It's a
quarter mile from the El Camino Real Corridor. There is no existing sidewalk
along the project at Maybell. Maybell in general has inconsistent street
improvements. At the Planning Commission meeting, there was a discussion
about a new pedestrian path access from the interior of the project to
Maybell; however, the Commission thought that the access was adequate as
the project had proposed it. That didn't move forward. The project will
construct a sidewalk along its Maybell frontage. With respect to the
Mitigated Negative Declaration, the Initial Study was circulated between
May 6th and May 26th, and there wasn't any comments that was presented
to the City. The potential significant impacts would be to biological
resources. One mitigation measure for nesting birds because there are
mature trees on the site. The recommended Motion is that City Council
adopt the Mitigated Negative Declaration and approval of the tentative
subdivision to allow the division of land with the findings and conditions of
TRANSCRIPT
Page 73 of 116
City Council Meeting
Transcript: 6/20/16
approval. That concludes my presentation. Be happy to answer any
questions you may have. Thank you.
Mayor Burt: Thank you. Before proceeding if colleagues have any
disclosures on ex parte. I see none.
Council Member Kniss: Do you us to disclose emails and so forth?
Mayor Burt: Just ex parte meetings. We'll now go into technical questions.
Vice Mayor Scharff.
Vice Mayor Scharff: Maybe I missed it. There was a discussion about a
pathway. Do we have a slide on where that pathway would have gone or
what it would have done? I would like to know about the pathway.
Mr. Ah Sing: (inaudible) slide, but we do have an exhibit. If we could pass
that.
Vice Mayor Scharff: Can you basically explain on this roughly where it goes
or what it was going to do?
Mr. Ah Singh: Sure. It would have been between Lots 2 and 3. That's
along Maybell. Basically, the end of that hammerhead towards Maybell,
then there would be this walkway just for pedestrians. It wouldn't be really
for cyclists; there wasn't really sufficient room for that. It'd be about 10
feet, which is about the width of the utility easement that's proposed now
behind Lots 2 and 1. Just kind of relocating that easement so that it'd be a
straight shot from that hammerhead out to Maybell. Above that would be
the improvements for the circulation.
Vice Mayor Scharff: Thanks. You guys didn't address the affordable housing
component of this. Could you basically run through why they aren't building
two units since that's what our Code says?
Mr. Lait: Thank you, Vice Mayor Scharff. There's the memo that was transmitted to the Council, I think, on Thursday. There was a condition on
the packet that was sent to you requiring compliance with the City's below
market rate housing program. The Thursday memo transmitted the
applicant's justification to why they believe the in-lieu fees are appropriate
and should be used on this site. We've transmitted that memo, and that is
before the Council for consideration.
TRANSCRIPT
Page 74 of 116
City Council Meeting
Transcript: 6/20/16
Vice Mayor Scharff: If I understood the memo, it was financially not feasible
for them to build the units on site. Is that a fair statement?
Mr. Lait: I think the applicant put forth a couple of arguments. One having
to do with the economic feasibility of the project and providing the units on
site. There were some other considerations, I think, listed in the memo
about their outreach and neighborhood support and other reasons that were
included.
Vice Mayor Scharff: We have a Code section on this, which says feasible in
effect. I don't have it in front of me, but I can probably pull it up. Do you
have it there (crosstalk)?
Mr. Lait: I don't, but I can pull it up. It does talk about—I'll paraphrase
while Sheldon pulls it up—something to the effect that unless it's determined
infeasible to provide the units onsite. There is no standard in the Code as
far as what that metric is. It doesn't necessarily say financial feasibility. It
just says if it's infeasible.
Vice Mayor Scharff: Just not to beat a dead horse or anything, but I'm
confused as to when you say infeasible. I understood that the argument
was that it was financially infeasible. You say there are other ones in the
memo. I (inaudible) that up from the memo. What were the other ones
that made it infeasible?
Mr. Lait: I'm looking for that memo here.
Cara Silver, Senior Assistant City Attorney: Through the Mayor, Cara Silver,
Senior Assistant City Attorney. The ordinance uses the term feasibility.
Staff has not had an occasion to interpret that. We don't really have an
historical practice for interpreting it. However, I think based on the plain
language of the ordinance, feasible could mean physical feasibility. The site is just configured in a way that would not permit onsite units. Second,
economic feasibility. In this case, the applicant has put forward a financial
infeasibility argument.
Vice Mayor Scharff: I guess on a technical question basis, I won't argue the
point. What I want to know is what did they provide Staff? Did they provide
pro formas? How do you know it's financially infeasible other than they
stated it's financially infeasible in a letter?
Mr. Lait: What was transmitted was what was reviewed.
TRANSCRIPT
Page 75 of 116
City Council Meeting
Transcript: 6/20/16
Vice Mayor Scharff: My understanding then is Staff just accepts someone's
claim that it's financially infeasible. On that basis, we should say it's
financially infeasible.
Mr. Lait: What we're doing is we've transmitted the applicant's justification,
and we're presenting it here to the Council for your consideration.
Vice Mayor Scharff: There's no pro forma, there's no numbers to back it up.
We weren't provided any of that?
Mr. Lait: That's correct. What you have is what was transmitted last
Thursday.
Vice Mayor Scharff: Thank you.
Mayor Burt: Council Member Wolbach.
Council Member Wolbach: Actually I was going to ask about the same two
concerns. One regarding the path and the other regarding Below Market
Rate (BMR) units. Looking at the memo we got; I think it was at places or a
late memo. Where it says other considerations on the second page of the
letter, third page of the memo, it says requiring onsite market rate units is
financially infeasible and in conflict with other community interests. Given
how important affordable housing is for our community, I'm curious what
other community interests would onsite below market rate units be in
conflict with.
Mr. Lait: Again, I think it's—what we have is on their memo, the
justification Page 2. I think it speaks to sort of the history of the site and
the applicant's original proposal of 30 units and listening to community
members and making reductions to the density. Now that density's
proposed at 16 units, what I'm understanding from the memo—again, the
Council can certainly ask the applicant more questions about that—that has an impact on the profitability of the development. I think it's a question of
how much return is appropriate or expected for a construction project such
as that.
Council Member Wolbach: I will direct my question to the applicant. It's not
just financial infeasibility that's listed here. It says financially infeasible
"and." Separate from finances, separate from costs, separate from how
much money you make, it says "and in conflict with other community
TRANSCRIPT
Page 76 of 116
City Council Meeting
Transcript: 6/20/16
interests." What are those "other community interests" aside from finances
that affordable housing onsite is in conflict with?
Mayor Burt: Are you referring to the applicant's letter or a Staff Report?
Council Member Wolbach: The applicant's letter.
Mayor Burt: You're asking the Staff to explain the applicant's position.
Council Member Wolbach: I'm sorry. Do we have nobody from the
applicant here?
Mayor Burt: At this time, right now, we're asking questions of Staff only.
Council Member Wolbach: Did Staff have any understanding of what those
"other community interests" were, separately from financial feasibility?
Mr. Lait: I certainly welcome the applicant to expand on it further. I think
what it is in part at least has to do with the history of the site. Council
Members and members of the community certainly know more about it than
I do. There is a long history with development at this site. I think there has
been an effort by the applicant team to reach common ground with residents
in the area. I think that the subdivision that's being presented reflects a
standard at which the applicant feels, at this point, to also provide housing
as BMR housing probably gets too close to making it infeasible, at least in
their perspective. Again, we don't have the pro forma. We have this
analysis here.
Council Member Wolbach: Again, since this is in addition to finances, this is
completely separate from finances. It's an "and," not a "because." Is that a
suggestion that the community is opposed to any BMR units in the
neighborhood? I don't think that's what I've heard from people in the
community.
Mr. Lait: No. I don't think that's what the suggestion is. I do think that there is—it may be. Again, this is a question you need to ask the applicant.
If the applicant feels like, at 16 units, providing two in-lieu housing units
means that maybe they need to reconsider that subdivision and provide a
greater density project in order to achieve the kind of results that they're
expecting to achieve, that could have an impact in terms of community
support for the project, which has expressed previously a desire for fewer
TRANSCRIPT
Page 77 of 116
City Council Meeting
Transcript: 6/20/16
dwelling units. Again, I think you'll probably hear from members of the
community too, but I think there's that balance that's trying to be achieved.
When you—I think the reference here is an effort to strike that balance and
achieve what the area residents are hoping to see be accomplished with this
development.
Council Member Wolbach: It just seems a bit strange, but I'll reserve my
further comments until comments later.
Mayor Burt: Council Member Schmid.
Council Member Schmid: I remember traffic was a big issue in the previous
Maybell discussion. This, of course, has many fewer housing, dwelling units.
The big change is the exit now for 11 of the units on Clemo, and Clemo is
blocked off from Maybell. It means the Clemo-Arastradero intersection has
more traffic than before. Is there a traffic light or stop signs at Clemo and
Arastradero?
Mr. Ah Sing: There's just a stop sign, and there's some improvements for
pedestrian crossings there.
Council Member Schmid: There's a stop sign for the traffic moving on
Arastradero or is it a stop sign on Clemo?
Mr. Ah Sing: It's just Clemo.
Council Member Schmid: During rush hour, you have 11 units and the
average number of workers coming out is 16. Of course, you have other
traffic for school and things like that. I assume that that's difficult to make a
left turn onto Arastradero from there. Is there a potential traffic issue? I
know you say there's only going to be six cars during the morning rush.
Joshuah Mello, Chief Transportation Official: Good evening. Josh Mello,
Chief Transportation Official. We did conduct a traffic impact analysis for this project, and we analyzed what the impacts to Clemo and Arastradero
would be. Given the volumes generated from the development, a traffic
signal is not warranted at Clemo and Arastradero. The level of service
exiting Clemo will likely be relatively poor. We do anticipate a lot of people
will actually end up making a right turn out of Clemo in lieu of waiting for a
gap in traffic during the peak hour to turn left. There are existing "keep
clear" markings on Arastradero for westbound traffic, to try to keep that
intersection clear for folks turning into and out of Clemo. Beyond that,
TRANSCRIPT
Page 78 of 116
City Council Meeting
Transcript: 6/20/16
there's not many improvements that would mitigate the difficulty turning
left. Again, a traffic signal would not be warranted.
Council Member Schmid: I guess it is a fire station there, and it's an
important intersection. I guess we need to be sensitive that traffic is
moving. Thank you.
Mayor Burt: Council Member Kniss.
Council Member Kniss: Let me wind back a bit to the BMR requirement. Perhaps one of you can tell me what will be the result of this. As I
understand, the BMR units will not be onsite. There will be—in lieu of that,
what will there be?
Mr. Lait: The applicant would pay into the City's affordable housing fund.
Based on the projected sales of the proposed homes, we would anticipate
collecting $4.2 million in in-lieu fees for the housing development fund.
That's for the 2.4 units that would be required onsite. Based on that, we
have estimates from the Palo Alto Housing Corporation that it costs about
$500,000 to produce a unit including land cost. There is money that can go
toward producing potentially more units elsewhere in the City.
Council Member Kniss: We don't know exactly what number, because we
don't know exactly what amount. I resume it is a percentage when the
houses are actually sold, that comes back to the City in the form of the in-
lieu fee. At this point we can't predict exactly what that will be, but it will be
some number that is times 500. Correct?
Mr. Lait: $500,000. Actually no. The way the fee is calculated is 7 1/2
percent of the actual sales price or the fair market value. When the home is
sold, 7 1/2 percent is the fee amount. There's an analysis that—the
justification that was put forth indicates the sales value for the home. I thought it was somewhere around—3.75 was projected for eight of the
homes and 3.25 was projected for the balance, for a gross sales revenue of
$56 million times 7 1/2 percent.
Council Member Kniss: What you're saying is that we don't know what
they're actually going to sell for, because they're not built yet.
Mr. Lait: That's right.
TRANSCRIPT
Page 79 of 116
City Council Meeting
Transcript: 6/20/16
Council Member Kniss: Saying after this actually comes to fruition, then that
percentage will be calculated. Correct?
Mr. Lait: Yes.
Council Member Kniss: That's what I needed to know. Those will go into
affordable housing, but someplace else in the City.
Mr. Lait: It would go into an affordable housing fund.
Council Member Kniss: Thank you.
Mayor Burt: Council Member DuBois:
Council Member DuBois: I'm sorry if I missed it. I didn't see the votes by
the Architectural Review Board (ARB) and the PTC. Did they—how did they
approve the project? What was the results of those meetings?
Mr. Ah Sing: Because it's just a subdivision, it only needed to go to the
Planning Commission.
Council Member DuBois: Was it unanimously approved?
Mr. Ah Sing: Yes, it was. Of the members that were present, yes.
Council Member DuBois: Do subdivision maps always come to Council?
Mr. Ah Sing: Yes.
Council Member DuBois: That's why we're seeing it, because it's a
subdivision? Thank you.
Mayor Burt: I just have a few questions. One is on Clemo. The house on
the corner of Clemo and Maybell—I can't tell—it doesn't appear that
there's—I should have looked at the other drawing. No curb cut on Clemo
there, is that correct?
Mr. Ah Sing: That's correct. There's a shared driveway on Maybell with the
adjacent lot for that.
TRANSCRIPT
Page 80 of 116
City Council Meeting
Transcript: 6/20/16
Mayor Burt: Second, on the in-lieu fees for the affordable housing. If we
were to consider allowing in-lieu instead of housing onsite—I have two
questions. One, the rates that—we have our current rates and we have in
process a review of the in-lieu rates. Can you share with us whether the
new rates would apply?
Mr. Lait: It would be based on when the applicant paid the fees. Right now,
it's based on when the property is sold. We'd have to have that information. The Council may be adopting fees sooner than that, so the new fees could
be the standard by which the ...
Mayor Burt: I want to get a sense of the timing.
Mr. Lait: We're going to the Finance Committee tomorrow, and we hope to
come back to the Council, I think, after your break. We're going to go to the
Planning Commission during the Council break.
Mayor Burt: The fee determination is based on what action on the project?
Which fees, whether it's the old fees or the new fees.
Mr. Lait: Cara's saying it's at the time of permit issuance or building permit
issuance. We're probably a year or so out from that.
Mayor Burt: That, I think, is the answer to my question. If the new fee
structure is coming to the Finance Committee tomorrow, after Council
vacation I assume we'd be seeing it shortly thereafter. That should be well
ahead of the timeframe in which permits are pulled. This goes back to
something I had raised a couple of years ago on this. It does go to my
initial question. Clemo dead-ends; there's a barricade. It allows bikes to go
through, but we have a sidewalk there as well. Has there been any
consideration on and discussion with the neighborhood about whether they
would be interested in closing off that last segment of Clemo and turning it into public space? The tradeoff would be X number of parking spaces lost.
Basically we have a dead-end street that isn't really serving the community
well. Barron Park has talked for a long time about eventual—there's no
community center in Barron Park, etc., ever since the Terman Library closed.
Was there any discussion in this process about that issue?
Mr. Ah Sing: No, that did not come up.
TRANSCRIPT
Page 81 of 116
City Council Meeting
Transcript: 6/20/16
Mayor Burt: Finally, our existing zoning is R-2 and RM-15, but we're
getting—was it 14 lots at 6,000 square feet or thereabouts and two at
5,000? How does this differ from R-1 zoning? Is this ...
Mr. Ah Sing: The R-1 standard is 6,000 square feet minimum. The
minimum dimensions would be 60 feet wide by 100 feet deep. You've got
two of the lots that are less than 6,000 square feet, and then some of the
other lots have dimensions of less than 60 feet or less than 100 feet.
Mayor Burt: The configuration, a number of the lots are different, but the
number of units is basically R-1.
Mr. Ah Sing: Yes.
Mayor Burt: We've had a real active participation by neighbors in Barron
Park, the single-family homes, which borders one side of this development.
We have two other sides that are multifamily. Was there any participation
from those neighbors as well?
Mr. Ah Sing: We did invite the stakeholders as well as we had the wider
community meeting where people showed up. There was ample opportunity
for people to speak.
Mayor Burt: My question was the participation as opposed to what you're
saying is the opportunity.
Mr. Ah Sing: There were a number of people that showed up. There was a
more focused participation during the neighborhood leaders meeting. For
the community meeting, we had probably 50 or 60 people that showed up.
Mayor Burt: My question was whether we had the participation from
multifamily neighbors.
Mr. Ah Sing: I'm trying to recall. I don't really know if people identified
themselves. They kind of said their addresses maybe, but it was kind of hard to tell if the multifamily was necessarily represented that way.
Public Hearing opened at 10:09 P.M.
Mayor Burt: Thank you. Now we have a public comment period. First, we'll
open the Public Hearing. We have both five speakers who want to share and
TRANSCRIPT
Page 82 of 116
City Council Meeting
Transcript: 6/20/16
have, I think, a single speaker talk. We have an additional 16, 17 cards,
something like that.
Ms. Silver: Mayor Burt, since this is a quasi-judicial, we suggest that the
applicant go first with 10 minutes, and they have some time for rebuttal as
well.
Mayor Burt: I wanted us to be looking at time. I'll allow the applicant to
speak at this time, and then we'll determine how much time we have left.
Ted O’Hanlon, Golden Gate Homes: Thank you, City Council. My name's
Ted O'Hanlon. I'm consulting Project Manager for Golden Gate Homes. I've
been involved in this project since the start in 2014. It's been a long two
years. We're very happy to be at this point, in front of you. I will be short
in the interest of time. I think we have a lot of community here to speak as
well on our behalf. When we started, we approached the project knowing
that it was going to take a lot of hard work, a lot of perseverance, a lot of
compromise. We knew it was going to require a very clear understanding of
the Municipal Code and it was also going to require engaging quite closely
the neighbors in Barron Park and also Arastradero as well. We had the
chance to get to know all of them along the way. As time went on, we did
two site plan concepts that were of greater density than the application that
you have now with 16 homes. Both were a very careful depiction of the
Municipal Code and what would be allowed under the existing zoning. Both
were met with quite a bit of negative feedback from the neighborhood, who
really desired a less dense development. We went back to the drawing
board a couple of times. In December, we brought for the City a 16-unit
plan, which was very much embraced by the neighboring community. We
did that with a great consideration of risk, because the lower the density would go, the lower the potential outcome of the development for Golden
Gate Homes, who is a for-profit developer. Time being of the essence, just
like dollars spent, it was deemed a reasonable foot forward and something
that we could do in concert with the neighborhood. A couple of things came
out of that process that we think are really positive about the project. I'd
like to highlight them. It is an R-1 in nature and spirit site plan, which very
much depicts the greater area of Barron Park. Adjacency is considered
within the site. Using the R-1 guidelines helps to further get it into the
nature of the existing area both with the setbacks that the homes will have,
the height limitations that they'll have and also the driveways. What the
driveways do within all these homes is allow for extra parking. I think all
over Palo Alto we're all worried about parking. We also got to know that this
neighborhood was concerned about that. Another aspect of this site that, I
think, is really important to note and adds much to the community is the 10-
TRANSCRIPT
Page 83 of 116
City Council Meeting
Transcript: 6/20/16
foot dedication of a new sidewalk along Maybell that will connect Clemo with
the Arastradero Park Apartments sidewalk. The 10 feet will likely be divided
between a five foot planter strip and a five foot sidewalk. Right now, there's
no existing sidewalk in that stretch. This is about 330 feet of Maybell
Avenue. There's a lot more work to be done to make a better pedestrian
access to Maybell Avenue. There's a lot more work that's going to happen
with the bike boulevard really coming into shape. We know that's going to be a very important aspect, to separate the pedestrians from the cyclists, so
many kids on that street. Another feature that we like to highlight is a
reduction in curb cuts. Right now there are four curb cuts for the four
existing homes on Maybell. We've created a three-curb-cut idea where four
of the homes use two wishbone driveways, and then one of them does
separately. Less curb cuts, less confusion, less points of access where cars
might be backing out of a driveway. Another thing that we feel makes this
site plan really unique is the engagement with the community. Again, we've
worked very closely with them. It seemed that the further we got to know
them, the more that we could make this feasible and have it work out.
We're very excited about the fact that they're all here tonight to support
what we've put forth in our plan. It's not cookie cutter. It takes some
sacrifices and some compromise as well. The lot dimensions are in R-1. A
couple of lot sizes are smaller. If you look at the stretch between Maybell
and Arastradero, there are a number of homes, single-family, that are less
than 6,000 square feet. Two of our 16 would have that kind of format. The
Mitigated Negative Declaration (MND) did find that acceptable. There was a
discussion about a ped path at PTC. There's a safety aspect to why that
wasn't really seen as beneficial. I do know that it does curtail some distance for pedestrians to get to El Camino, but I don't think it was that great of a
difference. It would really only have benefit to eight of the homes. On top
of that, there's some privacy aspects that we preferred that the ped path not
be there. The other special request here is to pay an in-lieu fee to the City
of Palo Alto's housing fund. At this density, two units is a significant
contribution for a for-profit developer to commit to a BMR program. The
feeling is that a lot more good can be done and utility from the in-lieu fees,
which are estimated at approximately $4.7 million. If we're creating BMR
units at about $500,000 a door, that's a couple times greater than two units.
If those funds were combined into a greater project, that could be many
multiples more. It's really hard to understand or predict what the outcome
of those in-lieu fees might be. In closing, I do want to give a moment of my
time to Leigh Prince, who's our land use attorney, to address something that
came up in the Staff dialog. We really thank you, and again we thank the
community for coming out and supporting us. They were here for PTC, and
looks like they're here for City Council. I'd like to thank Staff, because we've
gotten to know each other very well over the last two years. We feel like
TRANSCRIPT
Page 84 of 116
City Council Meeting
Transcript: 6/20/16
we're putting something in front of City Council that takes a great amount of
consideration. We thank you.
Leigh F. Prince, Golden Gate Homes Legal Counsel: Good evening, Council
Members. My name is Leigh Prince. I am a land use attorney with
Jorgenson. Siegel, McClure and Flegel. I'm the one who wrote the letter that
you have in front of you this evening. I just wanted to clarify and answer a
couple of questions and then feel free to ask more if you have those. There are two pieces. There is the financial piece. This site has a long history.
Years ago it was a project proposed of 75 units. That had a lot of difficulty
in the community. We went down to 30 units when Golden Gate Homes first
proposed, then down to 23. Those initial projects included providing onsite
BMR units, utilizing State Density Bonus. You guys have experience when
you're utilizing State Density Bonus, you're not going on menu. That's when
you take look at the pro formas. I will tell you that what's in there is based
on pro formas that Golden Gate Homes has done. It's just very simplified
for your convenience, for your understanding. That is there. Those are the
financial considerations, both just the dollars and cents associated with
purchasing the property and developing these 16 units, but also the
opportunity costs that's being lost in doing something that the community is
really looking for, just this 16-unit, R-1 concept. The community interests
that I was referencing is both what the community is looking for here, which
we have heard loud and clear is this R-1 concept at a much lower density,
where we're not exploring utilizing State Density Bonus Law, adding
additional units. It is also, as Ted touched on and Staff touched on, the
ability to take that in-lieu fee and put it towards more units somewhere else
in the community, thereby serving community interests to a greater degree.
Mayor Burt: Thank you. Now we will turn to members of the public. We
have a final item tonight that is a time-sensitive item. We have an issue of
whether we're going to be able to complete this item or whether we need to
take testimony from the public and then continue the item. I think what
we'll do is go ahead and take testimony from the public tonight, and then
continue the item. It looks from our scheduling that we will have time on
either the 27th or 2nd of this month. We have an extra City Council meeting
that we jammed in, to try and make sure we could complete everything
before the summer break. We'll go ahead and hear from members of the
public. Other than the first speaker who will be representing five, we'll need
to limit it to two minutes each per speaker. We have received a lot of
emails. I assume that a lot of the speakers have similar comments to make
as there were in the emails. It's not necessary to repeat in full what a
previous speaker said, if you want to attribute your comments to a prior
speaker or speakers plural. Our first speaker is Maurice Green speaking on
TRANSCRIPT
Page 85 of 116
City Council Meeting
Transcript: 6/20/16
behalf of Cindy Zieblaman, Gene Zawkowsky, Zita Zawkowsky and Anna
Gardner. Welcome.
Maurice Green speaking for Cindy Zieblaman, Gene Zawkowsky, Zita
Zawkowsky, and Anna Gardner: Thank you, Mayor Burt and Council. What
I've got to tell you about tonight is a tale of unintended consequences that
goes back to 2009. It goes back that far because I just happened to come
across an item this afternoon, as I was putting my points together to present to the Council. This was written by a resident of Fairmeadow back
in 2009. Do any of the people who have supported the changes onto
Arastradero-Charleston actually drive it every day? I do, and I do not
understand their support of it. I agree that far too many people speed here,
but the road is essential for many, many people to get through this area of
town. All the changes done has made the commute even harder. She goes
on to list all of the problems, and she goes on to say, in fact, there was
never a problem when there were two lanes. My uncle has changed his
work route to avoid that section. Now he goes along East Meadow. Some
traffic has been forced over to another school-lined, residential street.
That's exactly what has happened to Maybell. In 2011, there was a traffic
study. In 2013, I did a traffic study. In 2016, we had some additional video
study done. I'd like to show you a very quick video of what the conditions
on that street are and why we are so concerned about the safety for the
children and the traffic on that street. This is Maybell at Amaranta. The
intersection down below, if you can see far enough down to where the school
crossing guard is holding up the sign, is Juana Briones School. This is
between 7:30 A.M. and 8:30 A.M. in the morning. I'm sure you're not
surprised at the amount of children you're going to see in a moment, but the cars are something else again. Here we go. They come in waves, not one
at a time but in a single line. For your information, where I am standing
taking that video, there is a stop sign. Virtually none of the children stop.
Directly across the street, you can see the end of Juana Briones Park. The
property that you're talking about is just off to your left. We calculated that
from 2011, when the City did a traffic study, to 2013, when I did that video,
there was something of the order of a 50 percent increase in traffic on
Maybell Avenue. We counted every car going by. This is what it looked like
this year. Now if you look, this is something we didn't see so much in 2013.
That traffic line goes all the way back to El Camino Real. That's the
Arastradero Apartments across the street. I don't remember if this is Abel
or Baker at this point, but it would be the cross point if that pedestrian path
were put into the Golden Gate property. It will be directly across the street
from that. Anybody who thinks if you put in a pedestrian path, it's not going
to be utilized by kids on bicycles, you're fooling yourself. There is a
blockade at the end of Clemo. It is there we—I don't think anybody wants
TRANSCRIPT
Page 86 of 116
City Council Meeting
Transcript: 6/20/16
to close that off, because that's an emergency vehicle crossover. That's how
the Fire Department gets into Maybell from Fire Station 5. I have seen
frustrated drivers in SUVs who have a high enough road clearance go right
over that blockade and go out Clemo. Traffic is like water; it finds the
fastest path to get out. We do not—I say I am the people that I am
speaking for—do not want to see that pedestrian path or bicycle path or
egress into Maybell for the reasons of safety for the children and for the reasons which you heard with the bike path discussion this evening, for the
privacy of the people how live in those homes. I don't think any of you
would want to have strangers walking along your side yards, looking through
your windows. That's what you're asking for when you put that pedestrian
path in there. As far as Clemo's concerned, let me just speak very quickly to
that. The question was raised as to the traffic on Clemo. The fire station is
right there at the corner of Clemo and Arastradero. The westbound side of
Clemo intersection is marked "keep clear." So is the area in front of the fire
station. The area in front of the fire station on the eastbound lane is marked
"keep clear." That means that when the traffic light at Coulombe turns red,
the traffic will stop and the drivers are legally supposed to leave that area
open. That makes it possible for the few cars that will be coming out of this
subdivision to make a left turn or right turn and proceed onto Arastradero.
In fact, there are cars coming out from Tan Towers now who do that every
day. That does not really represent a problem. I'd like to make a statement
for myself and for many of my neighbors. We would like to express our
support for the current plan by Golden Gate Homes for the development of
the site at 567 Maybell Avenue. It represents the culmination of a long,
almost unique collaborative effort between the developer and the community to maintain the character of the neighborhood, to minimize the impact on
traffic and the local schools, and to protect the safety of the children on
what is a designated Safe Route to School on Maybell Avenue. Thank you.
Mayor Burt: Thank you. Our next speaker is Jerry Underdahl. I should
have mentioned in my questions—really for speakers, I would be interested
in and, I think, perhaps some of my colleagues would be interested on this
issue of the in-lieu fees as to whether the neighbors are proposing that, if
there were in-lieu fees, these affordable housing units would be built in other
areas of Palo Alto or whether they would embrace those fees being used for
the greater Barron Park area. If people want to wade in on that, I know I
would welcome hearing about that. Jerry Underdahl to be followed by Bob
Moss.
Jerry Underdahl: Good evening. I almost wish I could have four minutes to
talk, because I have a feeling I may be the only one presenting my point of
view in two minutes here. I have some deep concerns about how things
TRANSCRIPT
Page 87 of 116
City Council Meeting
Transcript: 6/20/16
have proceeded. I strongly support the plan to have the 16-unit
development. I give my congratulations to Golden Gate Homes for an
inordinate amount of flexibility and willing to bend their profit interest for the
interest of getting along with neighbors who insisted on something that, I
feel—I can't imagine another developer going to the lengths that they have
to accommodate that. I want to move, though, to where I have difficulty. I
feel that the bicycle path was casually dismissed at the PTC meeting. There were four people there. Only one of them really had questions. Greg
Tanaka was trying to draw out questions about is there precedent for
demanding access for cul de sacs, where can you show it to us. Josh Mello
was having trouble, because there haven't been many recently. In the past,
when all these cul de sac developments were put in, nobody really thought
about bike and pedestrian access. Now, we're paying the penalty for it in a
lot of reduced connectivity. About the pedestrian part, finally I hear and I
didn't hear it at all at the community—the two meetings that were
stakeholders were closed meetings to leaders of the community only, if I
understand correctly. That gave the public one chance to come and hear the
plan and be encouraged to come out and support it. I supported it because
it sounded really good. You've got 16 units; you resolved the traffic
movement issues satisfactorily; you had competing interests on Arastradero,
competing interests on Maybell. They made it work. Then, I find out that
there was an additional component to the circulation plan which was the
pedestrian path within that, that was advanced by Josh Mello as standing up
for values that Palo Alto has to promote sustainable connectivity, to promote
bicycle and pedestrian culture. I'm uneasy about that being dismissed
without a full discussion of it. I hope that will happen on the Council. Thank you.
Mayor Burt: Thank you. Bob Moss to be followed by Suzanne Keehn.
Robert Moss: Thank you, Mayor Burt and Council Members. Let me give a
little history on this site, which the Staff Report omits. The property was
originally bought by the Housing Corporation about six or seven years ago
for $15.4 million. They came in with a proposal for a 72-unit development,
a huge five-story building with 60 units for seniors and 12 single-family
homes. We referenda'ed that successfully and got it killed, even though we
were outspent almost 10:1. Subsequently, the Housing Corporation sold the
property to Golden Gate Homes for $22 million, making a nice profit thanks
to the people who voted against their development. What we have is a
project which is significantly better than what was proposed before. As you
know, traffic on Arastradero and Maybell is absolutely awful. I happened to
drive past Arastradero about 9:30 A.M. this morning, and traffic was backed
up almost all the way to El Camino. That was 9:30 A.M. in the morning, and
TRANSCRIPT
Page 88 of 116
City Council Meeting
Transcript: 6/20/16
this is not a heavy school time of year. We have a real problem. The
original proposal, the one that was defeated, had an internal road that went
from Clemo to Maybell and would have diverted traffic from Arastradero
down Clemo to Maybell through the neighborhood on a street which is only—
at Clemo, Maybell is only 28 feet wide. We have a very narrow, very heavily
congested street. We want to do everything we can to keep traffic low. The
16-unit development with only five units on Maybell is a significant improvement and is a major reduction in traffic problems, which would have
been created by the original proposals, both the 72-unit development and
the 23-unit development. I think what we have before us usable and, I
think, it's far better than we we've had before. I suggest you approve it.
Mayor Burt: Thank you. Our next speaker is Suzanne Keehn, to be followed
by Kathleen Eisenhardt.
Suzanne Keehn: Good evening. This letter—I'm reading these comments
on behalf of Cheryl Lilienstein and Joe Hirsch and myself. They could not be
here tonight; they're out of town. During the past 18 months, many of us
have shared with Golden Gate Homes our vision of what our neighborhood
should be like. Our discussion with Golden Gate Homes focused on three
objectives that we had. One, neighborhood compatibility, that is, no high
density. Two, adequate onsite parking so that overflow parking is minimized
and does not adversely impact the nearby residents. Three, traffic
circulation that minimizes adverse impacts on Maybell Avenue, a designated
Safe Route to School and bicycle boulevard, which is distinctly a different
road than Arastradero. The 16-lot plan submitted by Golden Gate Homes in
December 2015, with five lots on Maybell, 11 lots off Clemo, with no direct
automobile access from those 11 lots to Maybell, meets these three objectives. Golden Gate Homes' December 2015 plan was recently reviewed
by the Planning and Transportation Commission on May 25 and was
unanimously approved. What has been done here is reminiscent of the
Terman working group from the early 1908s, where members of this
neighborhood worked collaboratively with the City, the JCC and the Palo Alto
Housing Corporation to develop a mixed-use plan for the then-closed
Terman Middle School site. Now, 35 years later, we're deeply appreciative
of the willingness of Golden Gate Homes to work with our neighborhood.
This collaboration sets a good example for other developers. The 16-lot
plan—I think that's enough.
Mayor Burt: Thank you. Kathleen Eisenhardt to be followed by Sorror
Ebnesajjad. Excuse me.
TRANSCRIPT
Page 89 of 116
City Council Meeting
Transcript: 6/20/16
Kathleen Eisenhardt: Thank you for letting me speak tonight. My name's
Kathleen Eisenhardt. I live in the neighborhood in the 94306 ZIP. I am
speaking in support of the Golden Gate Homes proposal with no changes.
Just as a further comment, the Gold Gate Homes group has been very
accommodating to the neighborhood and to the rest of Palo Alto in terms of
being great partners and compromising, giving us a housing development
but also a housing development that makes sense in terms of traffic and safety. For example, Mr. Green spoke earlier. In addition, I think the
sidewalk addition on Maybell is perhaps a small but nonetheless useful
addition. In addition, just a comment on the cut-through. The cut-through
would be nice, but we're talking about relatively small lots, and the cut-
through I don't think really makes much sense. It's really not a hardship in
a biking and walking culture to walk four houses longer than you might
otherwise. In terms of BMR, Mr. Burt asked about our opinions. I think our
area has a fair amount of BMR housing already. I know most of us have a
very strong support for the Buena Vista group in particular. The extent to
which this money could go to Buena Vista, I think a lot of the neighbors
would be very pleased to have our Buena Vista neighbors be accommodated.
In summary, I wanted to say that I'm very supportive, as many of my
neighbors are, of the Golden Gate Homes project with no changes. Just as a
final note, as long as I seem to have another minute or two, Arastradero
really is terrible. Whoever thought of changing it from two lanes to one was
crazy. It really doesn't work; back to two lanes. Support Golden Gate
Homes.
Mayor Burt: Thank you. Sorror Ebnesajjad to be followed by Elaine Heal.
Sorror Ebnesajjad: Hello. I'm here to speak in support of this project. I speak as somebody who lives a couple of streets away from this Maybell
property. I bike a lot, and I walk to Walgreens. Ever since the idea of 70-
plus homes was brought into our lives, it was a nightmare. Imagining this
traffic to get worse is just impossible. I believe that Golden Gates Homes
has worked really hard. I've been involved in the whole process. They've
tried really hard to reduce the number of the units. They've brought it to
the basically minimum number. It might not be 100 percent perfect from
your point of view or our point of view, but this is the best that has been
brought to you. Tonight, I'm here to ask you to approve this, to help all of
us who bike a lot and walk a lot. Thank you.
Mayor Burt: Thank you. Elaine Heal to be followed by Richard Evans.
Elaine Heal: Hi. My name's Elaine Heal, and I wanted to start by thanking
both Golden Gate Homes and City Council for working with us in the past
TRANSCRIPT
Page 90 of 116
City Council Meeting
Transcript: 6/20/16
and hearing us tonight. I'll try to be brief. I live on the south side of
Arastradero, actually in a single-family home on Arastradero nearly across
from the Clemo-Arastradero intersection. I'm here in support of the 16
home plan. Yes, the traffic is bad on Arastradero, and it's bad on Maybell. I
agree with the previous speakers that this is a good compromise. It's not
perfect for anybody, but it is a very good compromise between the
neighborhood interests, Golden Gate Homes' interests, the City interests. To speak to Mayor Burt's question about the BMR, I would be in support of
using the in-lieu funds for BMR in the greater Barron Park neighborhood. It
does seem not to make sense for it to have the units on this particular site.
Thank you.
Mayor Burt: Thank you. Our next speaker is Richard Evans, to be followed
by Jen Fryhling.
Richard Evans: Since I did email you, I will keep my remarks short and
focused on whether or not a pedestrian path is useful. First of all, it would
only serve this subsection of houses within the development, and it would be
a question of desirability for those who wish to purchase those homes. I
believe that Golden Gate Homes would try to make these as attractive as
possible for potential purchasers, and they made the decision that the
privacy issue trumped an incremental shorter distance to Walgreens. I
support the project as it is and hope that you will approve it. Thank you.
Mayor Burt: Thank you. Jen Fryhling to be followed by Ryan Kim.
Jen Fryhling: Good evening, Council Members. I'm Jen Fryhling. I've lived
in Palo Alto for 15 years. My family lives right off Maybell, and my children
attend Juana Briones and Fairmeadow Elementary School. We chose to live
in Barron Park because we wanted our kids to be able to bike and walk to the schools in the area from K through 12. The reason why I'm here today
is to support the Maybell project and ask that City Council also support it. I
believe that the developer has genuinely made efforts to minimize the traffic
and safety concerns on Maybell Avenue and on Arastradero Road. I've been
following the project and would like to highlight some of the aspects that I
think are deserving of particular attention by the City Council. The 16
homes are compatible with the neighborhood, with appropriate setbacks,
height limits and lot sizes. The project does not cause street parking
problems, which we have that problem right now, because there's adequate
onsite parking. The traffic report shows low levels of outbound traffic trips,
only 12 during the morning peak, and it's split between Arastradero and
Maybell. Of course, there was mention of the three curb cuts, reducing that
from what it is now with the four. The developer will build a sidewalk, which
TRANSCRIPT
Page 91 of 116
City Council Meeting
Transcript: 6/20/16
again adds to the safety of pedestrians, bicyclists on Maybell. For student
safety, I'm glad that the PTC reviewed, vetted and unanimously rejected the
pedestrian path. It was presented at the City/School Traffic Safety
Committee, which I'm a member. The principal at Juana Briones School had
serious concerns with having a path out there that could potentially be used
for bicyclists, and there's no crosswalk right there. Three houses away on
Clemo, there is a safe crosswalk. I was just going to mention to Mayor Pat Burt's point that I too would welcome that the in-lieu fees be reinvested in
our neighborhood. Thank you.
Mayor Burt: Thank you. Ryan Kim to be followed by Alice Sklar.
Ryan Kim: Hi. I'm Ryan. I go to Juana Briones. I bike to school, and there
are a lot of cars, so it forces us to bike on the sidewalk. One time when we
were going to soccer, my friend got hit by a car on his bike. Also, when I
bike, when there are stop signs, cars hardly ever stop. They just slow down,
and I find it really dangerous. I think the people who design bike roads
should make bike roads bigger so they can allow cars—so they don't allow
cars to come in. This is my opinion about bikes and bike safety.
Mayor Burt: Thank you. Alice Sklar to be followed by Tim Gray.
Alice Sklar: That's a very hard act to follow. My name is Alice Sklar. I'm
the President of Green Acres Improvement Association. We're the
association directly across from Clemo, that extends from approximately
Clemo down to Pomona Avenue. My Board has been reluctant to be involved
in these talks officially, taking the view that if it doesn't directly affect us we
should not speak to the issue. However, at this point, it was finally moved
that I should represent the Board as being unanimously in favor of the
current project. We feel that the traffic on Arastradero, the traffic that our school children endure on Clemo and Maybell will be greatly enhanced by
this project rather than the one that was proposed prior to it. I just want to
cut to the chase. We're unanimously in favor of the project. Thank you.
Mayor Burt: Thank you. Tim Gray to be followed by our final speaker, Bill
Ross.
Tim Gray: Hi. I'm Tim Gray. I wanted to just express my support for the
project. It follows three key principles. First is the respect for zoning. Even
though there are a couple of little exceptions, it really does respect our
Comprehensive Plan and our zoning. It really moves away from the projects
we've seen recently, where we've been willing to discard our historical
TRANSCRIPT
Page 92 of 116
City Council Meeting
Transcript: 6/20/16
preservation like the last plan that wanted to put three-story homes where
two-story homes had previously been allowed. The other thing is that it has
a respect for the neighborhood. Finally, there's a respect for nature. I
worked with Ted, and I know that he's expressed support for, if there's some
specimen fruit trees in that area, they could be transplanted. I took an 80-
year-old wisteria from the old Stanford Children's Hospital and have that in
my front yard. It does cost a lot of money, but I'm hoping that can be a part of the preservation, that we can have—even though we're going to lose
the orchard land, we will have some of the orchard life continue. I think
that's a very admirable goal that Ted has indicated his cooperation. The
spirit of cooperation in this discussion is tremendous. Finally, I'm just
recalling that Greg Scharff had said, "I assure you," this was when you and I
were debating a few years back, "that any proposal," when we were talking
about the 72-units, "any proposal that comes through the private sector is
going to be much, much worse." I'm so happy. I'm hoping that you can
express your enthusiasm by remembering that point.
Mayor Burt: Our final speaker is Bill Ross.
William Ross: Good evening. I'm the attorney that filed the underlying
California Environmental Quality Act (CEQA) action for the referendum and
also dismissed it. I would address Council Member Scharff's concern about
the pedestrian path and relay the kind of analysis that occurred before the
PTC. Feasibility is described in both CEQA and the General Plan guidelines
as capable of being carried out, taking into consideration economic, social,
political, planning and environmental constraints. Mr. O'Hanlon is modest;
he presented a very detailed economic analysis before the PTC about the
cost of the square footage of the pedestrian path coming in. In fact, almost 10 months ago, the pedestrian path was analyzed in conjunction with the
bicycle path and an EVA at the same location and rejected by the same
cooperative type of analysis that's taken place between the developer, Staff
and the neighborhood. Finally, the Transportation Element incorporates the
Bike and Pedestrian Plan. This is located in the southwest quadrant. There's
no planning or map or textual provision that supports it. The three critical
provisions of the Mitigated Negative Declaration, transportation, land use
and greenhouse gases, doesn't allude to it. The question is where does the
authority come from for the connectivity. I would respectfully suggest that
the Planning and Transportation Commission analyzed that issue and found
that none of that was present and, in fact, it wasn't feasible. Thank you.
Mayor Burt: Thank you for the reminder that the applicant has an
opportunity to have any follow-up rebuttal items to speak to.
TRANSCRIPT
Page 93 of 116
City Council Meeting
Transcript: 6/20/16
Mr. O’Hanlon: I have no further comments, other than to request if we
might be able to get to a vote tonight rather than put things off with all the
support and community we have here tonight. Thanks.
Public Hearing closed at 10:50 P.M.
Mayor Burt: Thank you. At this time, we'll close the Public Hearing. We're
going to continue the item to ...
Council Member Holman: Mr. Mayor?
Mayor Burt: ... June 28th. Council Member Holman.
Council Member Holman: Could I suggest that—I was thinking the same
things as the applicant. I listened to the comments in the back. If I could
make a Motion and if a lot of lights go on, I'll immediately withdraw it, but
just to see if we come to a quick resolve to this matter. If you'd be open to
that.
Mayor Burt: Let me instead turn to colleagues and see which colleagues
think there are certain substantive issues that we want to still discuss. I
think at least three of us. I think we'll go ahead and continue the item to
June 28th.
Council Member Kniss: Is that Monday or Tuesday?
Mayor Burt: That's Tuesday. That's our Special Meeting. Thank you all
very much for attending tonight.
This Agenda Item was continued to the June 28, 2016 Council meeting.
20. Approval of one Contract and two Contract Amendments: (1)
Construction Contract With Wadsworth Golf Construction Company in
the Amount of $11,964,620 for the Palo Alto Municipal Golf Course
Reconfiguration Project, CIP PG-13003; (2) Deductive Change Order
Number 1 With Wadsworth Golf Construction Company in the Amount of $1,191,800, Reflecting Cost Savings; and (3) Amendment Number
2 to Contract C13148028 With Golf Group, Ltd. in the Amount of
$125,720 for Construction Support and Environmental Mitigation
Monitoring Services; Discussion and Direction to Staff Regarding
Updated Pro-Forma and Financing Options; Adoption of
TRANSCRIPT
Page 94 of 116
City Council Meeting
Transcript: 6/20/16
Resolution 9607 Entitled, “Resolution of the Council of the City of
Palo Alto Declaring Intention to Reimburse Expenditures From the
Proceeds of Tax-Exempt Obligations (e.g. Certificates of Participation)
for a Not-To-Exceed Par Amount of $10.5 Million to Fund a Portion of
the Cost of the Palo Alto Municipal Golf Course Reconfiguration Project;
and Approval of a Budget Amendment in the General Capital
Improvement Fund.”
Mayor Burt: Our next item is approval of a contract and budget amendment
for the golf course reconfiguration project. Mr. Keene, did you want to kick
things off?
James Keene, City Manager: I will, in the interest of time, turn it over to our
Community Services Director, Rob de Geus, Mr. Mayor.
Rob de Geus, Community Services Director: Good evening, Mayor Burt,
Council Members. Happy to be here. To quote the Beetles, we've been on a
long and winding road with this golf course project, but we've finally reached
a critical milestone here this evening.
Mayor Burt: Can we hold it one second?
Mr. de Geus: Yeah.
Mayor Burt: Can the members of the public go ahead and go out to the
lobby to continue conversations? Thank you very much.
Mr. de Geus: I'm joined here by Joe Teresi; he's the Senior Engineer and
Project Manager for this project. We also have Forrest Richardson, the golf
course architect, in the audience. We have a presentation; we'll try and be
succinct with it. I'll pass it on to Joe Teresi to get us started.
Joe Teresi, Senior Engineer: Good evening. I'm Joe Teresi, Senior Engineer
in Public Works. I'd like to start by just walking through quickly the six recommendations that are included in the Staff Report this evening. The
first item is the approval of a contract with Wadsworth Golf Construction
Company in the amount of $11.9 million. The second item is we worked
with this contractor to identify some cost-saving items that we'd like to have
you adopt in a deductive change order that would be approved
simultaneously with the contract in the amount of $1.2 million. The sum of
those two items would then reduce the cost of the project down to $10.7
million. The third item is our standard request for a change order
TRANSCRIPT
Page 95 of 116
City Council Meeting
Transcript: 6/20/16
contingency of 10 percent of that net contract amount after the deduct
change order. Item Number 4 is the approval of an amendment with Golf
Group Limited, our golf course architecture firm, in the amount of $125,000
for construction support and environmental mitigation monitoring services.
The fifth recommendation is to adopt a resolution that declares the City's
intent to reimburse expenditures through the sale of Certificates of
Participation for an amount not to exceed $10.5 million. The sixth and final recommendation has to do with the financing and an amendment to the
adopted Fiscal Year '17 budget. There are two options presented, the first of
which is based on the premise that we would only borrow the money needed
to cover costs moving forward, and that would result in a decrease in the
Capital Infrastructure Reserve. The second option is based on the premise
that we recover costs all the way back to the beginning of the project, and
we would capture in the financing the costs of Staff salaries and design and
environmental work. That would result in a return to the Capital Reserve of
about $966,000. The reason why this second option is presented is that
historically it's been the practice to make the golf course a fully self-funding,
independent enterprise. Option 2 reimburses all the expenses from the
beginning of the project. The reason why it's taken us so long to get to this
point has been the regulatory permits. I'm happy to report that we have in
hand draft permits from the two agencies, one State, one Federal, that we
need to construct the project. We're hopeful to have the final permit
documents by the end of the week. The adjacent flood control project, I'm
sure many of you know, has all of its permits. That was part of the reason
why the golf course was held up for a while, but that's now fully permitted.
There's a contractor under contract for that project as well. This next slides try to show kind of the big picture of the project costs. This first number,
the $13.5 million, is the total project cost including costs already incurred for
project design, environmental review and Staff salaries. In paying for that,
we have two main sources or two existing sources. One is the revenue that
we generated from having a contractor bring soil onto the site. We were
able to accumulate about $1.2 million of revenue from that. The other item
is $3 million that is payable to the City from the San Francisquito Creek Joint
Powers Authority as the cost of mitigation of their project on the golf course.
If we start with the figure on top, the $13.5 million, we subtract the $1.2
million for soil import revenue and the $3 million for the Joint Powers
Authority (JPA); we reach the $9.367 million figure. That's Option 2; that
would be what we would borrow. Option 1 is that same number less the
$1.2 million in design, environmental and Staff salary costs that have
already been incurred. With that, I'm going to turn it back over to Rob.
Mr. de Geus: Thank you, Joe. We also worked with the National Golf
Foundation. You may recall in 2012 when we considered—I think there were
TRANSCRIPT
Page 96 of 116
City Council Meeting
Transcript: 6/20/16
seven different options for design at that time. We had the National Golf
Foundation do an analysis of how the different designs would perform in the
golf market. It was really important information to help us make that
decision for what was then called Option G. We have since had the National
Golf Foundation update their analysis and their report, given the new time
that we're in. They've provided that report, and it's attached to the Staff
Report. What you see up on the screen is a high-level pro forma of how the golf course is likely to perform in the current market from the National Golf
Foundation. This table assumes the lower debt that Joe was just talking
about previously. What you see at the top is the base estimate. That is
what we think will likely occur once the golf course is rebuilt. We'll lose
money for 2017, 2018 largely because we're closed and under construction.
We also have two sets of debt service through 2018 from the 1998 bonds.
They retire in 2018, and we anticipate the golf course to start generating a
net positive after 2018. As with any pro forma, it has a number of
assumptions. We asked the National Golf Foundation to do some sensitivity
analysis. What if their assumptions are wrong? Rounds don't come back up
to 71,000 rounds a year or higher, what if they only get to 61,000? What
would that look like for the General Fund? That's what you see under the
base row, the reduced rounds. We would see that there would be a subsidy
required by the General Fund to continue to operate the golf course. We
also did the same thing for reduced fees. We're assuming a 15 percent
increase in fees from 2013. If the market didn't allow for that, didn't attract
play, we could only increase fees 7 1/2 percent. This is what we would see
in terms of the bottom line of the golf course operating budget. The last one
is sort of worst case scenario, rounds don't come back and we can't increase fees. There is increased subsidies. It's important to note that the base is
really what we think will happen. That's what the National Golf Foundation
has told us. The second page is essentially the same pro forma but with the
debt service. The difference between this one and the previous one is an
additional $70,000 in debt service for the golf course annually. The project
timeline is to hopefully award the contract this evening and get Wadsworth
out and start construction in July. We would issue Certificates of
Participation in September-October time period and aim to be open again in
the fall, October of 2017. The City Manager asked me to talk a little bit
about why starting in July is so critical. The reason for that is we need to
time the growing of the new turf in the spring of next year or summer. If
we delay much further than now, we run the risk of not planting in time, and
we could lose a full season or year before we can reopen. Last slide here.
Just some concerns that we have and I'm sure you all have. There are
others as well. The interest rates may fluctuate. Our analysis was on
today's rates; that could change. We do have a golf course manager out on
the course, Brad Lozares. His contract expires in 2018 as does our
maintenance contract with Valley Crest and our restaurateur. They all
TRANSCRIPT
Page 97 of 116
City Council Meeting
Transcript: 6/20/16
expire at the same time; we did that intentionally so we could consider
options of how we might operate the golf course into the future. I think this
represents both a concern and an opportunity. It may be an opportunity to
get into a longer-term management agreement with one firm or a lease
agreement where we can share some of the risk of performance of the golf
course. We'll be working on that in the next couple of years. We talked
about the assumptions of the pro forma, what if they're not accurate. It was credible analysis, but they're based on assumptions. The last concern that I
want to mention is this is working with a 30-year loan. That's a long time.
Our loans in the past for capital work on the golf course have been 20 years.
This is longer than that. That's part of the interest in having a lower debt
service annually for the golf course; it's my preference. We're more likely to
fully recover costs. With that, that was a quick fly-through.
Mr. Keene: Can I ask you to do one other thing, Rob?
Mr. de Geus: Sure.
Mr. Keene: Just for background for the Council. First of all, we have
existing debt on the golf course right now that we will reach the end of that
cycle in 2018, the end of the payments of that debt service. How much has
that debt service been on an annual basis?
Mr. de Geus: It's approximately $450,000.
Mr. Keene: What's the new annual debt service payments under the two
scenarios?
Mr. de Geus: The first scenario being the lower debt is $495,000. The
second set, where we reimburse the Individual Review (IR) for all of the
design and environmental work is about $566,000.
Mr. Keene: I think that's an important point to point out. If we're just thinking about this without that factor in there, and you're suddenly saying,
"We're going to issue all this debt, and we have these risks," the existing
baseline debt service and costs are very close to what Option 1 is right now.
Clearly, even though there are concerns about where would the golf rounds
be, all of this was also predicated on the fact that we were going to
reconstruct a much more attractive and appealing and distinctive golf
course. That was one of the factors that got me more comfortable with
where we were, given the fact that with the delays we'd had these cost
increases and that sort of thing. Thanks.
TRANSCRIPT
Page 98 of 116
City Council Meeting
Transcript: 6/20/16
Mr. de Geus: If I could just take one second. We are sort of rushing
through this, but it is, I think, important to remind ourselves of the work we
did on the design. We did a lot of work with that, with the Council, with the
Parks and Rec Commission and with the community. It's an exceptional
design. It does a lot of things. It gets out of the way so the flood control
project can go forward, which is a big deal. It's a much more
environmentally friendly golf course than what we have now. The design of the course is unique, something you don't see on the Peninsula. We think
that's going to attract a lot of golfers. We think it'll be financially viable.
Mr. Keene: Could you guys put Slide 6 back up there? The fundamental
issue, assuming you want to proceed with this, is what are the two options
as far as the financing you want to be focused on. Again, as Rob pointed
out, Option 1 of financing $8.166 million is based on covering the contract
costs and everything on a going-forward basis. Option 2 goes back and tries
to recapture costs and then ultimately give that back to the Infrastructure
Reserve Fund. He said that we have had a practice of the golf course being
fully self-supporting. We do not have an absolute requirement. This isn't
any kind of requirement related to the debt service or the way we have to
operate the golf course. On the one hand, you're saying this is money that
can go back to the IR. You could stay pure with the practice. On the other
hand, we are borrowing money and paying interest rates on it to be able to
put it back in the IR. Some of the things you want to think about.
Mayor Burt: Thank you. We can entertain technical questions. Does
anyone have any at this time? Council Member DuBois.
Council Member DuBois: Just to understand the difference between
Scenario 1 and 2. When we get three or four years out, once the golf course is operating and we show making money again, is there a scenario where we
could do Scenario 1 with less public debt, and then once the golf course is
making money pay the City back to recover those other fees?
Mr. Keene: Yeah. If you want to put that pro forma back up. You start to
see—at least the baseline scenario, certainly by 2020 we're predicting
making $406,000 in that year.
Council Member DuBois: Would this be a new scenario where the City's
giving itself a zero percent loan that starts paying back in 2020 or
something?
TRANSCRIPT
Page 99 of 116
City Council Meeting
Transcript: 6/20/16
Mr. de Geus: I thought about that too, Council Member DuBois. I think that
would be a sensible thing to do.
Council Member DuBois: Super quick, looking at the expenses. What was
contract maintenance, merchant fee reimbursement, fixed management
fees? Are those committed costs we have to pay even when the course is
closed?
Mr. de Geus: The pro shop is still open. The practice facility is still open. We still have some services happening there. It's reduced significantly from
when we were open. There is some maintenance costs as well for the whole
front end of the golf course. Our maintenance contractor will also help with
the grow-in of the new turf.
Council Member DuBois: Is there anything we can do to accelerate the
opening or is that really based on how long it takes for the new landscaping
to take root?
Mr. de Geus: It's accelerated. It's pretty ambitious as it is.
Council Member DuBois: I just wondered if you ...
Mayor Burt: You want the grass to grow faster, is that what you're saying?
Council Member DuBois: One of the biggest costs is actually being closed.
The sooner we get open the better.
Mr. de Geus: The way to open sooner would be to use more sod and lay it
down, but that's a lot more expensive as well. We are using some sod, but
mostly using what are called sprigs. You take the plant and you plant plugs
every so many inches, and then it grows out over time. It's significantly less
expensive. It grows in well, but it does take time.
Council Member DuBois: I was wondering, though, do we need any
incentives for the contractor to make sure they hit their schedule. Is that something we've considered?
Mr. de Geus: We do normally consider that.
TRANSCRIPT
Page 100 of 116
City Council Meeting
Transcript: 6/20/16
Mr. Teresi: We don't have incentives, but we do have target dates in the
contract. If they don't meet those target dates, there are penalties up to
$3,500 per day if they don't meet the various schedule milestones.
Council Member DuBois: Thank you.
Mayor Burt: Vice Mayor Scharff.
Vice Mayor Scharff: I wanted to ask that question as well. When you looked
at using sod, did it make more sense in terms of the cost of doing that versus the cost of being closed longer? Did you actually look at that?
Mr. de Geus: We did. We ran the numbers, and it was in the end less
expensive to use the sprigs.
Vice Mayor Scharff: I wanted to ask about the bathroom, which we're not
doing. I agree with that decision now. Would we also have a plan of
funding that out of profits, assuming we actually get on target? It needs to
be done.
Mr. de Geus: We certainly do. I appreciate you mentioning that, Vice Mayor
Scharff. What is also in the pro forma that I didn't mention is 10 percent of
total green fees to be put aside for a capital reserve for the golf course. The
hope is that we don't have to continue to go out to debt when we need to
rebuild. That is in the pro forma, which can fund things like the restaurant
and other things that we couldn't get to.
Vice Mayor Scharff: Just to clarify then. When I see that we make $94,000
in 2019, we're actually making 10 percent more that's being put aside.
Mr. de Geus: That's correct.
Vice Mayor Scharff: That makes some sense. You said the restaurant is
coming up. It's been a long time. We looked at this in 2012. I do
remember that we talked about this being a great positive, because we actually thought we could increase the rounds if we had a much nicer
restaurant and a nicer facility, frankly, for the restaurant, if I recall correctly.
Maybe you can help me out with my memory.
Mr. de Geus: As part of the long-range plan for the golf course, we do have
hopes of rebuilding or renovating the restaurant to expand the banquet
TRANSCRIPT
Page 101 of 116
City Council Meeting
Transcript: 6/20/16
facility and the kitchen in particular. It's not part of this project, and it's not
funded. We need to figure out how we're going to do that. This is where
there could be an opportunity working with an outside golf course company
that wants to come in and work with Palo Alto. If the terms are good for
them and us, they may be willing to put in some capital for that.
Vice Mayor Scharff: Am I right to remember that that also was on that pro
forma about what drives rounds or was I wrong?
Mr. de Geus: It's actually the course and the condition of the golf course
that really drives rounds and in particular the greens.
Vice Mayor Scharff: Are we going to have the condition then that should
drive the rounds? Are we doing it to the standard that we expect would
drive the rounds?
Mr. de Geus: We are.
Vice Mayor Scharff: Thank you.
Mayor Burt: Council Member Schmid.
Council Member Schmid: I guess the vote tonight has us assuming some
risk. Let me just ask a few questions about being comfortable with the risk.
Let me start with the rounds. On Page 4 of the updated analysis—it does
not have a packet page number—you have the data from 2012 to 2015, and
you have on the last line a dramatic decline in rounds. I'm interested in the
decline that took place between 2012 and 2013. I believe that's before any
decision was made on the course and we did anything to slow down. Yet,
the rounds went down by almost 10 percent. What happened in that year?
Is that a good sign or a bad sign?
Mr. de Geus: We've been experiencing declining rounds at the golf course
for the last decade. That's one thing to keep in mind. The course is not as competitive (crosstalk).
Council Member Schmid: Even excluding the last three years?
Mr. de Geus: Yeah. In 2012-2013, we were already thinking about the golf
course closing down at that point. In fact, the JPA was, I remember, almost
ready, they said, to start their project. I think the word did get out to the
TRANSCRIPT
Page 102 of 116
City Council Meeting
Transcript: 6/20/16
community that things were changing. There are options for golfers, and
the market can be a little fickle that way. I think that impacted rounds.
Council Member Schmid: The goals we have, you have on Table Number 1,
getting back to 71,000. You have an option there of 61,000. If you turn to
Page 11, there's comparisons with our neighbors. You point out, I guess
realistically, that some of the courses are in trouble. Santa Clara dropped
from 81 to 60. Sunnyvale maintained theirs at 73. Shoreline buffed up their course and went from 50 to 80. Talk a little bit about the neighboring
courses that we will all of a sudden be competing with.
Mr. de Geus: We're competing with them now and have been for a long
time. Shoreline, in particular, has taken of advantage of our decline. As we
started stockpiling out on the course, we lowered the par to a 67. We
definitely lost a lot of golfers, and they moved to Shoreline. That's part of
what's happening there. It's interesting to look at the market. It's mixed. I
read it as mixed. There's some positive indicators, but certainly not all. The
National Golf Foundation, I think, are a little optimistic. We sort of talked
about it internally. The positive that we're seeing is San Jose and Sunnyvale
and Shoreline are quite well above 71,000 rounds of golf. The course that
we're building and designed is, in my view and I think in a lot of people's
view, significantly better than what they're providing in terms of the golf
product. On the other hand, we see other courses that are really struggling.
Poplar Creek, even though they have 63,000 rounds, because they have a
debt service of $670,000 annually, they lose money every year. San Mateo
is considering possible alternative uses for the land. The same thing is
happening with Los Lagos in San Jose. They have three courses in San Jose.
Council Member Schmid: If you take all those courses, some like Mountain View have done very well. Others like Santa Clara have not. You say that
Mountain View has taken some of ours, but they also seem to have taken
some from other places. If you add all the courses together, have the
rounds declined over the last five years?
Mr. de Geus: They have. That's a trend we've seen nationally.
Council Member Schmid: Would it be more realistic—if you turn to Page 23,
where you have your projected 2020 reasonable year scenario. I guess it's
assuming 71,000 ...
Vice Mayor Scharff: (inaudible)
TRANSCRIPT
Page 103 of 116
City Council Meeting
Transcript: 6/20/16
Council Member Schmid: The updated analysis at the back.
Mr. de Geus: The National Golf Foundation.
Council Member Schmid: (crosstalk) does not have Packet Page numbers.
Twenty-three has a summary budget for 2020. It seems the first column
assumes that 71,000, the second column assumes the 61. I don't know.
From just what you say, I would assume a conservative analysis would be
the 61 or maybe 65.
Mr. de Geus: We had this conversation with the National Golf Foundation.
They think 71,000 is conservative, given the design of the course that we're
building compared to these other courses. I think opinions vary about that.
I can tell you that Palo Alto had 71,000, 75,000 rounds not that long ago.
2008, 2009, we had that level of rounds. The course is very flat, very
straight, not very interesting.
Council Member Schmid: That's when unemployment rates were high.
Mr. de Geus: I think it's a fair estimate. I don't think it's overly optimistic.
Council Member Schmid: If we assume 65,000, we would be breaking even.
If we go below that, there would be an annual subsidy called for from the
General Fund.
Mr. de Geus: Correct, but we would then consider the 10 percent capital
reserve as maybe not doing in a year like that so we wouldn't impact the
General Fund. That would be something that ...
Council Member Schmid: There's some flexibility on an annual basis. Our
goal really is we need to get that number up to 65 and above.
Mr. de Geus: Yes.
Council Member Schmid: Anything we can do to raise the number of rounds
come 2019? Are there strategies we could have, lower the price?
Mr. de Geus: There are, and we'll be working on that over the next couple
of years. Primarily, it's to build a great golf facility and course that people
want to play. That's the first thing we need to do, and then make sure we
have a management team out there that really knows the golf business and
TRANSCRIPT
Page 104 of 116
City Council Meeting
Transcript: 6/20/16
can create the kind of atmosphere and maintenance and restaurant that
people will come back to. There are choices.
Council Member Schmid: You have agreed on a contract, is that right? You
have gone out and selected, and you're asking us now to pay?
Mr. de Geus: That's correct.
Council Member Schmid: You are confident, not just that it's the low bid,
but it's a contractor who can deliver what ...
Mr. de Geus: That's a good question.
Mr. Teresi: What we did in order to make sure we had a good contractor
was prior to going out for bids, we held a prequalification process where we
only got sort of the elite members of the contractor community that could
actually build golf courses. There's an association of golf course builders
that has a certification process. We only allowed parties that were certified
under that to place bids for the project. With that, we're confident that all
the bids we got were actually from high-quality firms.
Council Member Schmid: You're confident that it won't be a Mitchell Park
situation?
Mr. de Geus: We feel pretty confident about that, yes.
Council Member Schmid: Thank you.
Mayor Burt: Council Member Holman.
Council Member Holman: Thank you. Just so it might make at least one
Council Member a little bit more comfortable, my experience of the golf
course in 2012 and 2013—it's really a question for Rob. I'm remembering
the course as being in pretty bad shape, like a lot of trees had been lost. It
seemed pretty barren. Am I thinking the right timeframe? I think you and I
maybe even took a tour out there around that timeframe.
Mr. de Geus: The course conditions do go up and down for different
reasons. I honestly don't recall that being the issue, Council Member
Holman. I may not remember that correctly.
TRANSCRIPT
Page 105 of 116
City Council Meeting
Transcript: 6/20/16
Council Member Holman: I remember from when I used to play out there a
lot, it was much different than what it was, I thought, in about this
timeframe. Talking about the golf experience, what's the nearest golf course
that might offer a similar experience to this? From your knowledge.
Mr. de Geus: Half Moon Bay is probably a good example, Lalo. I think
there's also a course on the East Bay that has more of a Baylands kind of
feel with the sweeping grasses and that type thing. I'm blanking on the name of that. Nothing very close. I mean, it's ...
Council Member Holman: Nothing very nearby, though. I would agree with
you; it's the golfing experience that's going to get people. The fees that
are—Council Member Schmid referred to Page 23 in the analysis. The fees
seem really pretty low to me, $33, $74 and $33 and $31 and $31. These
seem actually pretty darn low.
Mr. de Geus: That's the average fee across 20 different fees that include
twilight, super twilight, youth fees, senior fees, some of which are very low.
The regular sort of rack rate for prime time would be in the $54-$56 range
for a weekend for a nonresident. This takes all of the fees and averages
them.
Council Member Holman: It still seems pretty reasonable. One last question
for me. Comments later. Can you just remind us the reputation of
Richardson, the designer of this golf course?
Mr. de Geus: He's here today, and he didn't need to be here. He's been
extremely committed. He's renowned nationally for his architecture. He's
been really terrific throughout this very difficult and long process. We feel
very confident in his design. All of the four builders that bid on the project
knew Forrest Richardson and all wanted to work with him.
Council Member Holman: Thank you.
Mayor Burt: Council Member Kniss.
Council Member Kniss: Given that it's almost 11:30 P.M., I'm actually going
to try moving the Staff recommendation.
Mayor Burt: We're in questions and we need to hear from the members of
the public. Other than that, do what you like.
TRANSCRIPT
Page 106 of 116
City Council Meeting
Transcript: 6/20/16
Council Member Kniss: In that case, I've tipped my hand. When the time
comes, I will be ready.
Mayor Burt: One quick question I have. Did we run sensitivity numbers on
the upside?
Mr. de Geus: We did not.
Mayor Burt: We will now hear from members of the public. We have two
speakers. Each will have up to three minutes to speak. Our first is Sheila Robinson, to be followed by Craig Allen. Welcome.
Sheila Robinson: Thank you for allowing me this opportunity and for your
ongoing support for the 2017-2021 Capital Improvement Program. I'm here
to voice appreciation for your interest in the golf course reconfiguration
project and to say thank you to the Finance Committee, the Community
Services Staff and to Brad Lozares. I'm glad to have this opportunity to
offer my support for the golf course construction contract, including the two
contract amendments. My presence here this evening is due in part to many
Palo Alto parents, parents who helped raise my two boys. My sons attended
Addison, Jordan and Palo Alto High School (Paly). Their classmates' parents
included Vic Ojakian, who coached YMCA basketball, and Don Way
[phonetic], who refereed their soccer games. I have a story to share about
my younger son, John, and the game of golf. The morning after Columbine
High School incident, my younger son said, "Mom, I don't want to go to
school today." I said, "I can understand that. I'll call you in." I called
Becky Shafer [phonetic] at Jordan Middle School and explained John's
absence. I told my son, "It's my birthday, so we can go to the garage, and
you can pick either fishing poles or the golf clubs. We'll take the day off."
He chose his grandfather's old set of golf clubs. We went up to Emerald Hills Golf Course. While up on a tee box with a view of the Bay Area, he started
to cry. He said, "Mom, how could anybody do such a thing?" I said, "I don't
know. Let's just play golf." That was a life changing moment for both of us.
We both took up the game. Golf became very therapeutic for him. With
every good shot, he began to feel better. John went on to Paly High and
became most improved golfer on the team for three years and became top
seed golfer his senior year. Now John takes clients golfing. Golf was a
turning point for my son. Embracing golf empowered him emotionally,
physically and socially. I believe there are many students in the Palo Alto
school system that just don't know it yet, but they're going to love the game
of golf. There are many students currently embracing the game through the
first tee junior golf and high school athletics. In golf, you call penalties on
yourself. The competition is between you and the course. You have to take
TRANSCRIPT
Page 107 of 116
City Council Meeting
Transcript: 6/20/16
responsibility for your own shots. Developing confidence takes time and
requires the discipline of perseverance. In 1925, Bobby Jones lost the U.S.
Open because he called a penalty on himself, insisting that he caused the
ball to move. I'm amazed to learn that Seth Curry loves golf and plays golf
in between NBA games. Basically, I'm saying that golf is more than a game.
I understand that in 2015, the National Golf Foundation conducted a
comprehensive review of golf participation among the millennial generation. As you move the reconfiguration project forward by approving the contract, I
believe you also offer our Palo Alto youth 18 years and younger the
opportunity to experience lifelong rewards and core values that will
transcend well beyond their high school and college years. I thank you for
that.
Mayor Burt: Thank you. Our final speaker is Craig Allen. Welcome.
Craig Allen: Mr. Mayor, Council. Mr. Mayor particularly, it's nice to see
who's still here since 2012 when we thought we had done this. It's been a
long road. Certainly I want to first express my appreciation for Rob and the
Staff who have gone through hell. Seriously they have. My appreciation for
Forrest Richardson who worked long and hard with the community on this
design. I know Mayor Burt was the major proponent of doing the whole
thing. I hope we do the whole thing. I hope we get this going now. I will
say that I've been playing golf since I was 12. I was a rules official for 16
years. Golf is important to me, even though the ball doesn't seem to go
very far. Anyway, I wish you would approve this now and get the grass
growing on our new, wonderful course. By the way, I think this course will
so outshine the other neighboring courses that we'll be beating people back.
Thank you very much.
Mayor Burt: Thank you. Council Member Kniss.
Council Member Kniss: Back in sequence again. Thank you to Staff
especially for the report, but especially to the two people who spoke. You've
waited a long time. Your story was very moving about your son. Is it
Mr. Craig, the other person who spoke? I may have your name wrong.
Mayor Burt: No, Mr. Allen.
Council Member Kniss: Mr. Allen, it's been a while. It's been quite a while.
I'm particularly glad to move this. I don't play golf; I have lots of friends
who play golf. This has been the topic of conversation for several years
now, and not always an attractive conversation. Being able to pass this
TRANSCRIPT
Page 108 of 116
City Council Meeting
Transcript: 6/20/16
tonight, I think, is very important. The golf course to this community is a
very important asset. It isn't just a place to play golf; it's a place where you
get exercise. More than anything, it really is a place to come together, to
make good friends, to have some time afterward to go into the clubhouse,
do whatever you may do then. Overall, I think what this does is a great
community asset for bringing good people together who like this exercise
and have a wonderful chance to interact with each other. Thank you.
Council Member DuBois: I'll second that Motion.
Council Member Kniss: Now that I've chattered on about it. I'm very
pleased that it looks like this will happen after tonight. Congratulations to all
of you.
Mr. Keene: Mr. Mayor, may I just clarify real quickly. It might not have
been entirely clear. The Staff recommendation presumes Option 1. We did
want to clarify that.
Council Member Kniss: Delighted to read the whole, but the Staff
recommendation consists of the five parts which are listed in front of you.
Mayor Burt: Council Member Holman.
Council Member Holman: I'm more than happy to second the Motion.
Thank you for making it, Council Member Kniss.
MOTION: Council Member Kniss moved, seconded by Council Member
Holman to:
A. Approve, and authorize the City Manager or his designee to execute, a
contract with Wadsworth Golf Construction Company in the amount of
$11,964,620 for the Palo Alto Municipal Golf Course Reconfiguration
Project, Capital Improvement Program Project PG-13003; and
B. Approve, and authorize the City Manager or his designee to execute, deductive Change Order No. One to the contract with Wadsworth Golf
Construction Company in the amount of $1,191,800 to reflect
negotiated cost savings measures to be incorporated into the project;
and
TRANSCRIPT
Page 109 of 116
City Council Meeting
Transcript: 6/20/16
C. Authorize the City Manager or his designee to negotiate and execute
one or more additional change orders to the contract with Wadsworth
Golf Construction Company for related, additional but unforeseen,
work which may develop during the project, the total value of which
shall not exceed $1,077,282; and
D. Approve, and authorize the City Manager or his designee to execute,
Amendment No. Two to Contract No. C13148028 with Golf Group, Ltd. in the amount of $125,720 for construction support and environmental
mitigation monitoring services for the Palo Alto Municipal Golf Course
Reconfiguration Project (PG-13003). The amendment includes $52,395
for basic services and $73,325 for additional services. The revised total
contract amount is not to exceed $1,127,751, including $831,995 for
basic services and $295,756 for additional services; and
E. Adopt a Resolution declaring intention to reimburse expenditures from
the proceeds of tax-exempt obligations (e.g. Certificates of
Participation) for not-to-exceed par amount of $10,500,000 to fund a
portion of the cost of the Palo Alto Municipal Golf Course
Reconfiguration Project; and
F. Amend the Fiscal Year 2017 Budget Appropriation for the General
Capital Improvement Fund by:
i. Increasing the estimate for Other Revenue from financing
proceeds in the amount of $2,017,616; and
ii. Increasing the Capital Improvement Program appropriation for
the Golf Reconfiguration & Baylands Athletic Center
Improvements Project PG-13003 by $2,252,248; and
iii. Decreasing the Capital Infrastructure Reserve by $234,632.
Council Member Holman: I've been enthusiastic about this ever since I was
liaison to the Parks and Rec Commission in—I think it was 2012, I believe it
was, when I heard the presentation and got very excited about the plan, not
just for the course but also for what I hope to be seeing forthcoming before
too long at least, the originally designed Eichler clubhouse and pro shop.
They're really beautiful and perfect for this kind of setting. Council Member
Kniss and I have been enthusiastic supporters of the Healthy City Priority
that the Council has. I think a golf course is something almost like no other
sport. It's ageless; people can participate from the very young, even
TRANSCRIPT
Page 110 of 116
City Council Meeting
Transcript: 6/20/16
younger than tennis almost, to the very old. You can exert to whatever
extent you want. You can throw your clubs on your back and carry them or
take it easy and ride in a cart. It's just really wonderful. I think it also is a
good mental if not spiritual experience too. Golf courses—ours will be one of
those—you're out in nature, and you're strolling along some of the most
beautiful scenery and fairways and natural environments that you really
don't find in other sports almost, except maybe in snow skiing. The other thing, just a side benefit is, I have found, that you meet the nicest people
playing golf. You really do. I'm an enthusiastic supporter of this. Thank
you. I almost want to throw my hands up and say, "At last." Thank you for
your patience, your endurance. I really look forward to this coming forward.
Thank you.
Council Member Kniss: I may have to try golf.
Mayor Burt: Council Member Wolbach.
Council Member Wolbach: Like Council Member Kniss, I'm not a golfer. I've
never played golf. We had to do golf for a couple of weeks in Physical
Education (PE) at Gunn. I hated it. I sucked at it. I have no interest in
playing golf. You know what? Not everybody in Palo Alto likes to run Los
Trancos Trail and try to get their time under an hour fifteen. I understand
that we all have our recreational and our outdoor opportunities that we
enjoy in this City. That's just—I've got to say it's one of the things that
makes Palo Alto a great place. We really have a variety of choices of what
we do to get outside, enjoy nature and enjoy recreation and staying healthy.
Thank you to Rob de Geus and everyone who's put a lot of work into this.
With the happy stuff out of the way, now that I've buttered everybody up, I
am a little bit worried. I will be supporting this, but I am a little bit worried about some of the bigger investments that we're talking about making over
the next few months. We talk about the importance of systems thinking.
We talk about financial responsibility. We talk about making hard choices.
This has been a theme throughout the budget hearings that we've had. I
think about things like the golf course, the bike bridge, something that's
mentioned on Page 12 of the Staff which is the possibility of spending more
than a pretty penny on the Hamilton Avenue Post Office. I think that'll be
coming to us probably in August. I think we need to be really thoughtful
about where we're going to make hard choices. For me, that's not going to
be saying no to the golf course. For me, that's not going to be saying no to
the bike bridge. When we have a whole series of very expensive things
coming to us after some tough budget discussions with constant warnings
for Finance Staff and the City Manager throughout budget discussions about
how tough the next couple of years might be, even if we don't hit a financial
TRANSCRIPT
Page 111 of 116
City Council Meeting
Transcript: 6/20/16
downturn, but especially if there's another recession, I hope that we
remember to think systemically, to think about financial responsibility and to
choose wisely and to choose well. Because we've had a golf course in Palo
Alto, I am not going to be the one to say let's get rid of it because we want
to save some money. I'll be honest. I am not banking on this being a
money maker. We might end up losing money on this, but it's important.
We don't make money on Foothills Park, but it's an important amenity for the community. If we can make money on this, great. Don't get me wrong.
Again, when it comes time for some of these other hard choices, I hope that
we remember to think carefully and be willing to say no to some things that
might be potential boondoggles and ask the hard question about whether
something is an ego project or necessary for the community's well-being. I
do have one question I should have asked earlier. I'm sorry if I missed it in
the Staff Report. Are we envisioning having for members of the community,
especially Palo Alto residents who are say lower income—I know we haven't
passed—fee reductions or free club rental or anything like that? Especially
after the testimony we heard from the public today, it's driven home what a
great opportunity the game golf can be. I want to make sure it's available
for those who might not have the financial resources.
Mr. de Geus: Thank you for the question, Council Member Wolbach. We are
certainly looking at that. We want to provide as much access as possible. I
can tell you we're very youth friendly at the course. We work closely with
the two high schools, in particular, so they can play at no cost. We also
have middle school programs out there. We don't have a dedicated fee
reduction program yet, but it's something we're going to take a good look
at.
Council Member Wolbach: I hope you'll keep us up to date as those
discussions continue. I appreciate that consideration by Staff.
Mayor Burt: Council Member Schmid.
Council Member Schmid: Look forward to having a round of golf in
December 2017 on a great new course. Just a clarification. We're voting for
Option Number 1, that is the option where we're only looking at the cost
moving forward. We have $2 million of expenditures to date. Do we need
to put something in here to state that if they do have excess funding, we
could make a claim for that?
Mr. Keene: If I might add. I think we're closer to $1 million than $2 million,
somewhere in between there is the difference. My recommendation would
TRANSCRIPT
Page 112 of 116
City Council Meeting
Transcript: 6/20/16
be—I don't think you need to do that right now. We're not in a position of
identifying what that dollar amount would be. The Council certainly every
year at budget or at any other time would have the opportunity to either, in
a particular year, pay back as Council Member DuBois suggested or even,
once we see a trend, set a payback schedule that you'd want.
Council Member Schmid: I guess my technical question is we will be closing
Fiscal Year 2016. With this vote, we will be closing that debt or is it carried forward?
Mr. de Geus: I'm not sure I understand the question.
Council Member Schmid: We've had an expenditure. You say about $1
million, and we did not get revenues for it. When we vote a closure of the
budget, is the debt closed?
Lalo Perez, Chief Financial Officer: It's closed for that year. As City
Manager Keene said, you can also revisit it in the future from future
revenues, positive cash flows anticipated. We have a record that we've lost
over $2 million as a result of the project. We spent about $1 million on
design. That's what we were talking about this $1 million. There's $3
million. We know what the amount is. It's probably going to be very
difficult and challenging to repay the three. We may be able to look at the
one. Because we extended the debt service from a typical 25 to 30, I think
it's wise for us to think about reinvesting in the course so we don't have the
same problem in 20, 25 years. That's why I think it's important—as City
Manager Keene said, let's take a look in a few years and see how we're
doing and see how we can come through. In talking to other agencies, they
see the ramp-up because everybody's excited and they want to come and
play, but is it going to continue.
Council Member Schmid: Thank you.
Mayor Burt: Council Member DuBois.
Council Member DuBois: Thank you for that. I support the Motion,
particularly the Scenario 1. I think it's really important to get the debt load
as low as possible so that we have the best chance for success. Financially,
I think the most responsible thing we can do is get it open as fast as
possible and not miss our timing. I'd really like to see us run this as a
business and as profitably as we can. I had the same question about should
we recapture that money and put it in the Infrastructure Reserve. You guys
TRANSCRIPT
Page 113 of 116
City Council Meeting
Transcript: 6/20/16
answered that; we can deal with that later. I haven't been exposed to the
golf course much, so I wasn't really sure where profits go if we have them. I
support the project, and I'm glad we're going with Scenario 1.
Mayor Burt: Vice Mayor Scharff.
Vice Mayor Scharff: I also wanted to thank you, Rob. I know it's been a
long haul. I think you've persevered and done a great job on keeping this
moving forward in a reasonable way given the challenges we've faced with the permitting, which I don't think was anyone's fault here. I think it was
really a stroke of lightning out of the sky kind of thing. I think that also
argues why we should go with Option 1, frankly. It's really an unusual
situation that we've faced here. I concur with all the comments that you
don't really want to start this in a deep hole. I'm really glad we're going
with Option 1. I think I've played golf like five times in my life. I think I've
always enjoyed it. Maybe I'll go play here. Maybe I'll ask Karen to go play
golf.
Mr. Keene: I think the whole Council and former Council Members, we
ought to have a little tournament when it opens up.
Vice Mayor Scharff: Why don't we do opening day?
Mayor Burt: I'm going to support the Motion. I actually was open-minded
to Option Number 2. I think when we look at the projections, this is
essentially our mean projection. It shows significantly positive cash flow
after the second year. The difference of supporting an extra $100,000 a
year in debt service does not look like it's a stretch. It would repay us so
that we would have more funds for other infrastructure projects that we're
committed to. Those are reasons that I would have been open to Option 2.
Let's go ahead and vote on the board. That passes unanimously with Council Member Berman absent. Thank you all very much. Glad we were
able to squeeze it in tonight.
MOTION PASSED: 8-0 Berman absent
Mr. de Geus: Mayor Burt, we will try and organize—the golf course will be
closed July 1st. We'll see if we can get folks out there for a little
groundbreaking ceremony, if you're around in July.
TRANSCRIPT
Page 114 of 116
City Council Meeting
Transcript: 6/20/16
Mayor Burt: We also have a flood control project groundbreaking. I'm not
sure of the date, but I think it's right around the same timeframe. Both our
momentous events.
Inter-Governmental Legislative Affairs
None.
Council Member Questions, Comments and Announcements
Mayor Burt: We now have Council Member Comments, Questions. Vice
Mayor Scharff.
Vice Mayor Scharff: I attended a bunch of meetings this week. I was just
going to mention at Bay Conservation and Development Commission (BCDC)
we approved the design school funded by Oracle on their campus for a high
school, which is modeled on the Stanford design school. It's going to be this
$30 million new building. One of the really interesting things is that
anybody who lives in California can apply to go to this charter school. You
don't have to live in San Mateo County. In fact, a couple of the people who
spoke were from Palo Alto and spoke in support of it. They just started last
year, I think it was. They're operating in a warehouse and waiting for the
new school to be built. There's actually some Palo Alto residents who send
their kids there. It seemed like a really interesting option for kids.
Mayor Burt: Council Member Holman.
Council Member Holman: When it's time to adjourn, is there anybody else?
Mayor Burt: Council Member Kniss.
Council Member Kniss: I will mention that last week was the first week we
were in our new home for the Air Board, which has now joined forces with
Metropolitan Transportation Commission (MTC). I presume ABAG is in there.
Vice Mayor Scharff: Yes. I was there at our new meeting in ABAG.
Council Member Kniss: The building is terrific by the way. It's on Beale. If
any of you are up there, you might want to drop in and take a look at it. It's
your taxpayer money at work. I'm feeling a bit righteous because the rest
TRANSCRIPT
Page 115 of 116
City Council Meeting
Transcript: 6/20/16
of my—many of my Air Board colleagues leave for New Orleans in the
morning, but I felt it was important to stay in town.
Mayor Burt: There you go. Council Member Wolbach.
Council Member Wolbach: I just wanted to mention that last Tuesday I did a
ride along with a member of our Police Department. It was not your typical
ride-along. During what was a very quiet shift Tuesday afternoon, news
came in about a San Jose police officer, a motorcycle officer, who was killed while on his bike. Like countless other law enforcement agencies from the
region, Palo Alto sent somebody to represent the Police Department. They
actually asked the officer who I was doing my ride-along with to go down
and to represent Palo Alto. I joined him for that. The way it works is we
went to the hospital and accompanied the fallen officer to the coroner's
office, from east San Jose to west San Jose. There were law enforcement
representatives in vehicles, on bike or in cars, lined up, all lights flashing,
driving slowly. From where we were at approximately the middle of the line,
even on 280, 680 where you're making big sweeping turns, you can see
pretty far. I could not see the front of the line. I could not see the end of
the lights in front, and I could not see the end of the lights in the back. I'm
obviously not a cop, but I'm a motorcyclist. Of course, the member of our
police force who I was with, he's not a motorcyclist, but he's a police officer.
It really drove home the dangers that are out there in the world. I can't
imagine anything driving home for me the importance and the significance of
what our police force does every single day and the risks that they take. I
would just ask that we all remember Officer Michael Katherman from San
Jose Police Department, and that we all thank our police officers. Please
drive and ride carefully and watch out for bikes, whether motorized or not.
Mayor Burt: I just wanted to share that last Friday evening my wife and I
went to the opening of the art exhibit, the ceramics at the art museum. It's
really a great exhibit. I encourage everybody to go. On Saturday evening, I
got to attend the annual Achieve Kids event. That's a real under-
appreciated asset for our community. The Executive Director was retiring
after 15 years. We have a new Executive Director who handles both our
facility and the San Jose facility. It's important to remember what a really
important role they play in the community. Finally for those who didn't
make it, we had World Music Day yesterday. It was another great event.
Claude Ezran and all the volunteers who put that on along with our Staff
deserve a lot of credit. It was really very well attended. It's become a great
annual event. Council Member Holman, you wanted to close the meeting.
TRANSCRIPT
Page 116 of 116
City Council Meeting
Transcript: 6/20/16
Council Member Holman: I don't want to become the one that just always
does this. I did want to adjourn tonight's meeting in honor of Joe Shakes,
who passed away recently. Joe, as many of you know and many people in
the community know, was very involved in the community and very involved
in a lot of local campaigns until his declining health in the last few years. He
and his wife, Harriette, are well known to this community and members of
this community, their involvement. They will now both be greatly missed. I'd like to adjourn the meeting in their honor.
Adjournment: The meeting was adjourned in memory of Joe Shakes at
11:52 P.M.
Mayor Burt: So moved. Good night.