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HomeMy WebLinkAbout2018-05-14 City Council Summary MinutesCITY OF PALO ALTO CITY COUNCIL FINAL SENSE MINUTES Page 1 of 29 Special Meeting May 14, 2018 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:03 P.M. Present: DuBois arrived at 10:02 P.M., Filseth, Fine; Holman arrived at 5:55 P.M., Kniss; Kou arrived at 5:10 P.M., Scharff, Tanaka, Wolbach Absent: Closed Session 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (James Stump, Ed Shikada, Michelle Flaherty, Rumi Portillo, Sandra Blanch, Nicholas Raisch, Molly Stump, Terence Howzell, Charles Sakai, Lalo Perez, Kiely Nose, Robert Jonsen, Eric Nickel) Employee Organizations: Palo Alto Peace Officers’ Association (PAPOA); Palo Alto Fire Chiefs’ Association (FCA); International Association of Fire Fighters (IAFF), Local 1319; and Palo Alto Police Managers’ Association (PAPMA) Authority: Government Code Section 54957.6(a). MOTION: Vice Mayor Filseth moved, seconded by Council Member Wolbach to go into Closed Session. MOTION PASSED: 6-0 DuBois, Holman, Kou absent Council went into Closed Session at 5:04 P.M. Council returned from Closed Session at 6:19 P.M. Mayor Kniss announced no reportable action. FINAL SENSE MINUTES Page 2 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Special Orders of the Day 2. Proclamation Honoring MacArthur Park for Maintaining a Piece of Palo Alto’s Historic Past. Council Member Holman read the Proclamation into the record. Chuck Frank, MacArthur Park, thanked the Council for recognizing MacArthur Park and the beautiful Julia Morgan building. He acknowledged Palo Alto's 1918 Mayor, who had the wisdom and foresight to purchase the building; developer Bill Cox, who contacted him and his partner about starting a restaurant in the building; and the citizens of Palo Alto who had supported MacArthur Park for 37 years. Council Member Holman invited the public to attend the California Preservation Foundation conference scheduled for May 17-20. The opening reception would be held at MacArthur Park. Julia Morgan designed a diverse range of buildings and thrived in a work environment that did not welcome women. She thanked Mr. Frank for taking care of the building and making it available for community events. 3. Affordable Housing Week Proclamation. Mayor Kniss read the Proclamation into the record. Agenda Changes, Additions and Deletions None. City Manager Comments James Keene, City Manager, reported the Municipal Services Center (MSC) Open House held the previous Saturday was a success. Artist Konstantin Dimopoulos and volunteers would be working all week on The Blue Trees, the next Public Art installation on King Plaza. Thursday at 5:00 P.M., Mr. Dimopoulos and representatives of Canopy and the City's Urban Forestry Division would give a presentation and answer questions from the public. Finishing touches were being placed on the greens of the Baylands Golf Links just in time for the grand opening celebration on May 26. Walking tours of the course would be open to the public on May 21 and 22. A ribbon-cutting ceremony would be held on May 24. A public meeting was held on April 26 to kick off the San Antonio Road at East Charleston Road traffic safety project. He thanked Transportation Staff for returning the traffic light at the intersection of Embarcadero and Middlefield Roads to its original signal FINAL SENSE MINUTES Page 3 of 29 City Council Meeting Final Sense Minutes: 5/14/18 phase. May 10th was Palo Alto's 19th year of participating in Bike to Work Day. The total number of riders was 2,370. Mayor Kniss encouraged everyone to view The Blue Trees art exhibit in front of City Hall. Oral Communications Ken Horowitz was confident the consultant would do a good job polling on the soda tax. The goal was to reduce consumption of sugar-sweetened beverages in Palo Alto. He shared an article from Consumer Reports. The social, economic, and ecological abuse by soda companies was beyond belief. Mayor Kniss inquired regarding the amount of sugar in a large Coca Cola. Mr. Horowitz replied 60 teaspoons. Frida Rivera as part of a school social justice project researched women's ability to access feminine hygiene products. Feminine products should be readily accessible for all women. Ideally, dispensers should be installed in more locations and provide feminine products at no charge. Amrutha Kattamuri requested the City Council correct the due process error for the seven appeals of the Verizon wireless project. The project would cause a $200,000 decrease in the value of her home. The City Clerk was not giving appellants the amount of time for rebuttal stated in the Council's procedures and protocols. Sea Reddy remarked regarding the lack of civility in the community. The new U.S. Embassy in Israel was great. Dr. Cindy Russell reported the Environmental Health Committee of the Santa Clara County Medical Association felt cell towers could harm the community. She requested the City Council reject the cell tower project. The Palo Alto Municipal Code needed to be updated to reflect new requirements for cell towers. Stephanie Munoz believed the Federal Government should provide housing for homeless veterans at Moffett Field. The City should provide small housing units for seniors without vehicles. Council Member Holman requested Staff speak with Ms. Kattamuri. FINAL SENSE MINUTES Page 4 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Minutes Approval 4. Approval of Action Minutes for the April 30, 2018 Council Meeting. MOTION: Council Member Wolbach moved, seconded by Council Member Holman to approve the Action Minutes for the April 30, 2018 Council Meeting. MOTION PASSED: 8-0 DuBois absent Consent Calendar MOTION: Vice Mayor Filseth moved, seconded by Council Member Scharff to approve Agenda Item Numbers 5-8. 5. Approval of a Contract With O'Grady Paving, Inc. in the Amount of $4,743,018 for Fiscal Year (FY) 2018 Street Resurfacing Project, Capital Improvements Program Projects PE-86070, PO-12001, PL- 16000, PL-16001, and PL-04010. 6. Adoption of an Ordinance Amending Chapter 10.51 of Title 10 of the Palo Alto Municipal Code Related to the Crescent Park No Overnight Parking Program to Reflect the Current Status of Approved Streets Within the Program, to Tentatively Approve Additional Street Segments Within Crescent Park, and to add Provisions for Opting-out of or Dissolving the Restricted Parking Area. 7. Adoption of an Ordinance Amending Palo Alto Municipal Code Chapter 4.39 (Private Intrusion Alarms) to Include the Addition of Unwanted, Unwarranted Residential and Commercial Fire Alarms. 8. Resolution 9756 Entitled, “Resolution of the Council of the City of Palo Alto Correcting an Error in the Previously Adopted Resolution for the Southgate Residential Preferential Parking Program Related to the Availability of Daily Employee Parking Permits and Restating the Program Provisions.” MOTION PASSED: 8-0 DuBois absent Action Items 9. PUBLIC HEARING / QUASI JUDICIAL: 305 N. California Avenue [17PLN-00446]: Approval of a Request for a Conditional Use Permit to Allow a Community Center Use at the First Baptist Church. Environmental Assessment: Exempt per Sections 15301 and 15323 of FINAL SENSE MINUTES Page 5 of 29 City Council Meeting Final Sense Minutes: 5/14/18 the California Environmental Quality Act (CEQA) Guidelines. Zone District: R-1 (10,000) (Single Family Residential). Mayor Kniss requested Council Members disclose ex parte communications. Council Member Tanaka had met with the applicant and residents, and recordings of the meetings were available on his website. He learned nothing new from the meetings. Council Member Kou had met with residents and had attended a concert and services at First Baptist Church. Council Member Scharff disclosed no ex parte communications. Vice Mayor Filseth had spoken with residents and learned no information not in the public domain. Mayor Kniss had met with the applicant and neighbors and had heard from others in the community. Council Member Wolbach had met with the applicant, a tenant of First Baptist Church, and neighbors and had not learned any information not reflected in the public record. Council Member Fine had met with the applicant, some of the applicant's tenants, and neighbors and learned nothing not contained in the record. Council Member Holman had spoken with neighbors, and all topics discussed were part of the public record. Mayor Kniss added that communications received at her home were made available to the public. Graham Owen, Associate Planner, reported the First Baptist Church (Church) moved to the current site in 1947-48. The Church's membership had declined over the past decade. There were reports of an increase in the number of secular uses at the Church, resulting in an increase of complaints from the neighbors. In 2016, the City issued a Notice of Violation to one of the Church's tenants, the New Mozart School. The New Mozart School, a personal service use, was not permitted in the R-1 district, and the use had been abated. The Church had applied for a Conditional Use Permit (CUP) to allow a community center, which would allow a number of the secular uses to continue at the site. No development was proposed with the application. A CUP would regulate the time and manner of the secular uses of the facility. The CUP did not address the Church. The Municipal Code defined church and community center. The Church requested operations for 120 occupants; FINAL SENSE MINUTES Page 6 of 29 City Council Meeting Final Sense Minutes: 5/14/18 operational hours of 9:00 A.M. to 10:00 P.M. Sunday through Thursday and 9:00 A.M. to 11:00 P.M. Friday through Saturday; and use of the sanctuary, fellowship hall, small meetings, and the outdoor spaces. Complaints were related to parking and loading. The number of parking spaces provided onsite, eight, was noncompliant with the Code requirement for 71 parking spaces. Neighbors had reported a number of close collisions and one collision involving pedestrians and bicyclists. Future bicycle boulevard improvements at the intersection included a roundabout. Neighbors had complained of noise from the fellowship hall, which was directly adjacent to two single-family homes; of events lasting late into the evening; and of Code enforcement issues. The Planning and Transportation Commission (PTC) reviewed the application on April 11 and recommended by a vote of 5-1 approval of the CUP. However, the PTC recommended a number of modifications to the draft Record of Land Use Action (ROLUA) conditions and findings. To approve the CUP, the Council must find the proposed use, at the proposed location, would not be detrimental or injurious to property or improvements in the vicinity or detrimental to the public health, safety, general welfare, or convenience; and the proposed use would be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of the Zoning Code. Staff had met with many stakeholders on multiple occasions; held a community meeting in March; and met individually with area residents and the Church pastor and tenants. Staff recommended approval of the CUP based on the findings and conditions contained in the draft RLUA. Council Member Holman inquired about space in City-owned facilities for the Church's tenants. Mr. Owen advised that space was available in the Lucie Stern, Mitchell Park, and Cubberley Community Centers. iSing had reported the City's rules and regulations did not fit its program. Council Member Holman asked if an individual tenant of the Church, such as a therapist, could apply for a CUP pertaining to use of Church facilities or if the Church had to apply on behalf of the tenant. Jonathan Lait, Planning and Community Department Acting Director, indicated a therapist would need to be incorporated into the Church's CUP application for the community center. The CUP was used to authorize ancillary uses. Council Member Holman wanted to know if uses could be authorized outside the community center CUP. FINAL SENSE MINUTES Page 7 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Mr. Lait replied no. In and of itself, an individual tenant could not apply for a CUP. Council Member Fine requested the consequences if the Council took no action. Mr. Owen believed uses not complying with the definition of a church would need to be abated. Council Member Fine inquired regarding the percentage of time the facility was used for religious purposes versus nonreligious or community purposes. Mr. Owen did not have an estimate. Council Member Fine requested a comparison of the Staff and PTC recommendations for hours, use, and intensity with rules at existing City community centers. Mr. Owen reported hours of operation for City community centers generally were 8:30 A.M. to 5:30 P.M.; for the YMCA 6:15 A.M. to 10:00 P.M. Monday through Thursday, 6:15 A.M. to 8:00 P.M. Friday, 8:00 A.M. to 6:00 P.M. Saturday, and 9:00 A.M. to 9:00 P.M. Sunday. The number of occupants was different for each site. Council Member Wolbach requested clarification of the provision for 50 occupants. Mr. Owen indicated 50 occupants were allowed onsite at one time, not per day. Council Member Wolbach inquired about the rationale for allowing 50 occupants; the differences between religious worship, religious education, and anything else not commercial; and the effect of approving a CUP for the Church on other religious institutions in other parts of the City. Mr. Owen explained that Staff recommended occupancy of 50 based on the eight onsite parking spaces. The occupancy applied to the community center only, and not other parts of the Church. Religious worship and religious education were grandfathered uses for the site, and those uses could continue. Uses not meeting the definitions for religious worship and religious education would be regulated by the CUP. Staff did not believe the CUP would set a precedent for other religious institutions due to unique circumstances relevant to the site. Vice Mayor Filseth wanted to learn the annual revenues generated by community center activities if they comprised a large percentage of the time FINAL SENSE MINUTES Page 8 of 29 City Council Meeting Final Sense Minutes: 5/14/18 the entire facility was used. He requested the Church comment on the Stevens tweets. Council Member Scharff asked if iSing supported Staff's original recommendations. Mr. Owen related iSing's response that hours would have to be shifted. iSing requested an end time of 8:30 P.M. The PTC recommended 10:00 P.M. Monday through Wednesday and 11:00 P.M. on Thursday. The Church had requested 10:00 P.M. Council Member Scharff requested the number of therapists currently utilizing Church facilities. Mr. Owen answered one. Church facilities included three offices, but the Church had only one therapist tenant. Council Member Scharff inquired about other office uses. Mr. Owen was not aware of any other office uses. Council Member Scharff asked if the uses outlined in the Staff Report covered all current Church tenants. Mr. Owen replied yes. Council Member Scharff asked if the applicant proposed different or additional uses. Mr. Owen clarified that the Church had allowed a number of programs and uses over the years. The list of uses was intended to capture nonprofit uses and ancillary psychotherapy uses. Council Member Scharff asked if the Church had had a tenant that would not be covered by the list of uses. Mr. Owen advised that the New Mozart School was a for-profit entity. Council Member Kou inquired about Staff communications with the Police Department and Code Enforcement regarding the number of incidents. Mr. Owen had contacted the Police Department and learned of a recent accident at the intersection of the driveway and Bryant Street and an accident a few years ago. Mr. Owen did not have the exact number of complaints, but they were numerous. FINAL SENSE MINUTES Page 9 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Council Member Tanaka disclosed meetings with Palo Alto religious leaders and phone calls, none of which were recorded. Any information he gained through those meetings and calls was part of the public record. His daughter had attended lessons at New Mozart School, and he had attended recitals held at the Church. He could make a fair and impartial decision. Mayor Kniss inquired about CUPs granted to other churches in Palo Alto. Mr. Owen reported many churches held CUPs for church activities. He could not find a CUP for a church community center designation. Mayor Kniss inquired about the hours of the YMCA. Mr. Owen responded 6:15 A.M. to 10:00 P.M. Monday through Thursday, 6:15 A.M. to 8:00 P.M. Friday, 8:00 A.M. to 6:00 P.M. Saturday, and 9:00 A.M. to 9:00 P.M. Sunday. Mayor Kniss wanted to know if fees charged nonprofits would change with a community center designation. She inquired whether Staff developed creative ideas about parking. Mr. Owen revealed that a number of conditions in the draft RLUA addressed loading and circulation for events held at the site. Public Hearing opened at 7:31 P.M. Council Member Holman noted the Planning Director referred the application to the Council. She questioned whether the applicant should be allowed rebuttal comments as the matter was not an appeal of an application decision. Molly Stump, City Attorney, advised that the Council's procedures provided the applicant an opportunity for rebuttal. The time limits were provided to applicants and appellants. Randle Mixon, First Baptist Church Pastor, remarked that the Church's footprint in the neighborhood had waxed and waned over the years. All activities had consistently involved not only worship and religious education but also music, dance, public education, counseling, and community service. During his tenure, all activities in the building had fit well within the Church's mission statement. He requested clarification of the City's definition of religious and secular. The City Council's efforts to curtail the Church's activities came dangerously close to violating the First Amendment right to free exercise of religion; thus, the Church objected to the suggestion it apply for a CUP. To avoid heavy fines and ongoing conflict, the Church applied FINAL SENSE MINUTES Page 10 of 29 City Council Meeting Final Sense Minutes: 5/14/18 under protest. The Church hoped the CUP would act as a stopgap measure until larger issues could be resolved by the City. The Church wanted to be a good neighbor and worked hard to address legitimate concerns of some neighbors. However, the Church did not feel the need to accede to every demand made by some neighbors. Some neighbors had made spurious personal attacks and spread anonymous flyers. The guidelines for the CUP did not address adequately the reality of the situation. The Church appreciated the PTC's recommendation, which was more workable for the Church. The Church had no interest in creating a mega community center or large commercial enterprise on its site. The Church wanted to make it possible for a few worthwhile organizations and activities to share the Church's space. The Church had decided to eliminate partners that were not a good fit for the Church and continued to be open to partners that fit well with the Church's mission, space, and ethos. The Church proposed hours of operation that had always been the Church's hours of operation, and those hours of operation were consistent with other religious institutions in the City and met the needs of some partners. An activity could reasonably extend into the evening on some occasions. The Church had installed air conditioning in the fellowship hall and scheduled installation of sound- reducing windows. The Church requested occupancy of 120 because that number reflected iSing's girl choir operation in the building for one or two hours, one or two days a week. A few occasional events might utilize the facility to its actual capacity. The request for 12 events on the site reflected a parameter and probably more than the number of events held during his tenure. The Church requested the requirement for a temporary use permit (TUP) for these events be eliminated from the CUP because the cost for a TUP would be prohibitive for small nonprofits. The Church charged $315 for use of the sanctuary for a four-hour block of time and $160 for the fellowship hall. The restriction on amplified sound was unnecessary as the City had enforceable decibel limits for the location. The Church was willing to implement procedures to more closely monitor activities in the building. Mayor Kniss requested the name of the owner of the Church. Mr. Mixon replied the congregation. Mayor Kniss asked if the congregation held title to the land. Mr. Mixon answered yes. He believed the owner was a California nonprofit corporation. Mayor Kniss requested the number of Church employees. Mr. Mixon indicated two full-time and two part-time employees. FINAL SENSE MINUTES Page 11 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Vice Mayor Filseth inquired about the annual revenue of the operation. Mr. Mixon thought tenants provided a third of the Church's budget at its peak. The funds were used to maintain the building. Vice Mayor Filseth asked if the Church wanted to comment on the Stevens tweets. Mr. Mixon had no comment as the tweets were not relevant to the application. As Chief Executive Officer (CEO), he was responsible for maintaining usage of the Church and with the Board decided activities that could be held in the building. Council Member Scharff inquired regarding Assistant Pastor Stevens' role in the Church. Mr. Mixon advised that the Church hired Mr. Stevens to cultivate some new ministry in the City, and his contract terminated at the end of August. Council Member Holman noted the application was filed by the Church, and Mr. Stevens was a member of the Church. Mr. Mixon disclosed that he first saw the tweets the day of the meeting and had not had a chance to process them. At the current time, he did not know how the Church would handle the tweets. Using the religious/secular division, religious activities utilized facilities approximately 70 percent of the time, and secular activities utilized facilities 30 percent of the time. Jennah Delp-Somers, iSing Artistic Director, spoke for Shane Troll, Marsha Genensky, Deanna Payne, and Mattina Keith. All iSing classes concluded by 8:30 p.m. Changing the hours would cripple iSing operations financially and preclude joint meetings of classes. The Church provided storage for large musical instruments. iSing rehearsed in the fellowship hall and the sanctuary, where the maximum occupancies were 160 and 285 respectively. A maximum occupancy of 120 in the CUP would be a good compromise. To remedy traffic congestion, iSing staggered class times and designated a curb for drop-off and pick-up. Parents did not wait onsite during classes. Extensive efforts to mitigate neighborhood concerns were successful. Sarah Burgess, speaking for Bonnie Flanagan, Grace Cain, Sophie Cain, Maria Cain, stated the Council's job was to determine whether the findings for a CUP could be made. The issue of whether the use was necessary or desirable for the development of the community or region had not been examined. There was ample space in existing community centers for the uses requested. The Church was located at the intersection of two bike FINAL SENSE MINUTES Page 12 of 29 City Council Meeting Final Sense Minutes: 5/14/18 routes. The Church's tenants had no right in the CUP application or in the CUP. Under current zoning, the Church site with only eight parking spaces should be limited to 32 occupants. Karen Ivey, speaking for Rebecca Fox, Jaymati Ranchod, Ben Fulanovich, and Rajiv Varma, advised that 16 people recently attended a church service while iSing held 17 scheduled classes each week. The Church was engaging illegally in commercial leasing activities, which were unrelated to the religious activities of the Church. Adjacent street parking had recently been limited due to the removal of parking on North California to support Safe Routes to School. Medical services and personal services were not allowed uses in R-1 neighborhoods. Sarah Sundermeyer supported allowing iSing to use Church facilities. Mary Sylvester suggested a CUP should be limited in scope, require a bond to ensure compliance with the CUP, implement a trial period, and require monitoring of programs' growth. James Poppy urged the Council to restrict the CUP to normal business hours. Charles Clark Jr. supported granting the CUP because community center activities would add value to the surrounding neighborhood and to Palo Alto. Hugh Satterlee supported the Church's application for a CUP. The proposed activities benefited the neighborhood and the community. Michelle Lepori believed neighbors' concerns would be the same whether the Church's membership was 600 or the Church provided community center activities. Traffic issues were not limited to the Church's location but spread throughout the City. Cari Templeton indicated the street in front of the Church was striped for both bike lanes and parking. Music was an important part of the Church's services. Holly Templeton remarked that trucks and airplanes were louder than iSing classes. Annika reported music coming from the Church was a distraction after 6:00 p.m. and prevented sleep after 8:00 p.m. Buses and cars parked at the Church blocked bike lanes. Narajani advised that traffic and noise had lessened in the past few months as many tenants had left the Church. FINAL SENSE MINUTES Page 13 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Charlotte Jackson stated the Church's mission was to serve the community and meet the community's needs. Hopefully, the City Council would allow the Church to fulfill its mission. Elaine Uang felt iSing was critical to the Church's mission. Finding community space to hold meetings and classes was incredibly difficult in Palo Alto. Jessie Aalani urged the Council to approve the CUP with the PTC's amendments. To tell a church that it could not have a girl choir or that a city could not have traffic or sound within reasonable limits was contrary to the fabric of a neighborhood. Lauren Aalani did not feel her safety was threatened while biking past the Church. Other churches continued to rent their spaces to nonprofit organizations, some in R-1 zones and some without adequate parking. Joellen Werne indicated the Church's environment provided her patients with a safe haven and a sense of wellbeing. John Smolowe commented that the most common ancillary activities provided by a church were music education, mental health, and services for the needy. Noise, traffic, and parking at the Church were not issues for him or his patients. Judith Schwartz remarked that providing neighbors with relief from music and amplified sounds was reasonable. William Conlon asked the Council to consider the impacts of the proposed CUP on residents. Many activities permitted under the proposed CUP were incompatible with a residential neighborhood. Ron Wilensky urged the Council to approve the original proposed CUP. The PTC's amendments were not consistent with the City's Code, rules, and regulations. Neva Yarkin recommended the CUP limit the size and hours of events and contain enforcement penalties. Reverend Randy Smith supported a CUP for the Church. Kimberley Wong opposed the CUP's allowing activities to occur until 10:00 or 11:00 P.M. because it would disturb neighbors. Code enforcement should be mandatory. FINAL SENSE MINUTES Page 14 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Laura Seitel shared her experiences with noise from the Church's fellowship hall, which was located across a driveway from her home. Steven Cohen first noticed noise and traffic issues around the Church approximately ten years ago. Loy Martin wanted the Council to provide a structure to protect neighbors in the future. Rita Vrhel remarked that the majority of the Church's financial support appeared to come from a commercial enterprise. She did not support allowing activities until 11:00 P.M. in a residential neighborhood. Megan Valencia encouraged the Council to uphold the law as written. Morgan Lashley believed the Church had made great strides to improve safety. He supported a CUP for the Church. Debbie Nichols worried that the Church would sell its property if the CUP was granted. The Church should be required to have an employee on premises whenever space was rented. Michael Rentz opposed a CUP for the Church because of late-night noise and parking issues. Nancy Clark opposed the City granting a CUP. Shanto Iyengar opposed a CUP for the Church because of noise issues. Joan Zwiep expressed concern regarding future use of Church facilities if the CUP was granted. Mahedra Ranchod believed the City should not allow the Church to make cycling unsafe. Uri Zernik supported a CUP for the Church. The Church supported immigrant organizations. Susan Kramer felt safer because her home was located near the Church. Many neighbors felt Church activities were appropriate and enriching. Chuck Fulanovich compared Church activities to commercial activities. The CUP did not provide oversight of Church tenants. Margie Cain expressed concerns about safety for motorists and bicyclists. FINAL SENSE MINUTES Page 15 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Tim Cain believed Cubberley Community Center would be a better location for the Church's tenants. Stephanie Munoz suggested the Council allow activities with appropriate restrictions on noise and parking. Maricela Varma opposed the Council granting a CUP for the Church. If the Council granted a CUP, it should follow Staff's recommendations. Gloria Seid opposed granting a CUP on the basis of noise, parking, traffic, and safety. Reverend Matthew McDermott questioned the definition of religious activities. Helyn Maclean related her observations of traffic and safety issues. Sea Reddy supported a CUP for the Church with a two-year trial period. Terry Holzemer recommended the Council focus on mitigating the effects of Church activities on neighbors. Paula Rantz suggested the community aid iSing in finding an alternate location for its activities. Allen Edwards urged the Council to grant a CUP so that the Church could continue to serve the community. Arun Varma commented that the Church had not complied with City laws for many years. One group's needs did not necessitate legal alterations of City laws. Elizabeth May supported a CUP for the Church. Mr. Mixon reiterated that the Church did not want to become a community center or a business. The Church's membership numbered 100, and the average attendance at services was 35-40. Three organizations regularly utilized Church facilities. The Church requested the use of amplified music in compliance with City ordinances. The Church was not dependent on rental income. Public Hearing closed at 9:24 P.M. Mayor Kniss inquired regarding the number of organizations meeting at the Church. FINAL SENSE MINUTES Page 16 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Mr. Mixon advised that iSing, Dr. Werne, and Spinefulness regularly utilized Church space. The Church had declined to allow some groups to use its facilities. Council Member Holman requested clarification of iSing's use of Church space. Mr. Mixon understood iSing classes met on Thursday afternoons for one to two hours. The attendance was 60 girls for the first hour and approximately 40 for the second hour. Council Member Holman felt the Church must address the Stevens tweets. Mr. Mixon had not had an opportunity to address the tweets with Mr. Stevens or the Church board. Council Member Holman requested Mr. Mixon's view of the tweets. Mr. Mixon was appalled by them. He did not support or approve of Mr. Stevens' comments. Mr. Stevens had informed him that the tweets were meant to be private. Council Member Holman asked if public apologies were warranted. Mr. Mixon answered at least a public apology. The potential to expand Mr. Stevens' contract beyond August was in jeopardy. Council Member Fine asked if Mr. Mixon felt Mr. Stevens' behavior should have any bearing on the Council's decision regarding the CUP. Mr. Mixon responded no. Council Member Fine inquired about the number of special events held annually at the Church. Mr. Mixon guessed approximately six or eight concerts and/or speeches. Council Member Fine requested an approximate attendance for special events. Mr. Mixon explained that the Planning Staff determined occupancy for the sanctuary was 285, but the Fire Department allowed more. An event might draw 175 attendees. The Church was rarely filled to capacity. iSing events often filled the space to capacity because of the large number of families involved in iSing. FINAL SENSE MINUTES Page 17 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Council Member Wolbach requested a response to comments that the Church was an illegal rental business, a commercial enterprise, and a commercial landlord. Mr. Mixon stated those depictions were patently untrue. The Church viewed activities as part and parcel of its mission. From the Church's perspective, these activities were religious activities. Council Member Wolbach inquired about the reasons for the Church requesting hours of operation until 11:00 P.M. on weekends. Mr. Mixon did not believe a religious service would be affected by the CUP. The CUP applied to secular activities only. The one CUP the City had granted for a religious organization allowed activities until 11:00 P.M. on weekends. The Church was attempting to mitigate noise with installation of air conditioning and sound-reducing windows. Council Member Wolbach asked if organizations would be allowed to meet outdoors and use amplified sound outdoors. Mr. Mixon replied yes, on occasion. Church and iSing events were held outdoors on the patio. Council Member Wolbach inquired regarding the Church's attempt to add parking. Mr. Mixon advised that the City did not allow the Church to demolish the structure at 349 North California Avenue to make way for parking. Council Member Wolbach requested the number of people necessary for the formation of a church. Mr. Mixon answered two or three according to The Bible. Council Member Scharff inquired about the reasons for requiring a TUP fee. Mr. Lait indicated Staff across several departments spent a fair amount of time reviewing requests for a TUP. Council Member Scharff believed the TUP process was not the correct process for permitting special events with attendance above that set in the CUP. Mr. Lait reported the City could regulate special events in some way other than the TUP process. The difficulty would be enforcement. FINAL SENSE MINUTES Page 18 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Council Member Scharff suggested the Church could email Staff regarding special events. Mr. Lait wanted to think through the logistics for such a provision. Council Member Scharff did not believe the Police and Fire Departments needed notice of a special event. Mr. Mixon was willing to work with Staff to create a guideline for special events. Council took a break from 9:43 P.M. to 9:50 P.M. Council Member Scharff inquired regarding attendance and frequency of iSing classes and events. Jennah Delp, iSing Representative, reported an occupancy of 120 for regular rehearsals would be best. iSing had hosted two large events in the past year. Attendance at special events could be 300 people. Mr. Lait offered language for special events of "in addition to community center events authorized by these Conditions of Approval, six special events may be held each calendar year to allow for community center events that exceed the permitted hours of operation or occupancy limits set forth in these conditions. The applicant shall notify the Planning and Community Environment Department no less than seven days prior to the event. No more than two special events shall occur during the same month. The maximum occupancy shall not exceed 280 people or extend past 8:30 P.M." MOTION: Council Member Scharff moved, seconded by Council Member Fine to: A. Find the proposed project exempt from the California Environmental Quality Act (CEQA) in accordance with Sections 15301 and 15323 of the CEQA Guidelines; B. Adopt a Record of Land Use Action as submitted to the Planning and Transportation Commission on April 11, 2018, approving the proposed Conditional Use Permit based on findings and subject to conditions of approval with the following changes: i. Replace in Condition 2, “7:30 P.M.” with “8:30 P.M.” and “8:00 P.M.” with “9:00 P.M.;” and ii. Replace Condition 15, with “in addition to community center events authorized by these conditions of approval, six (6) special FINAL SENSE MINUTES Page 19 of 29 City Council Meeting Final Sense Minutes: 5/14/18 events may be held each calendar year to allow for community center events that exceed the occupancy limitations set forth in these conditions. The Applicant shall notify the Planning and Community Environment Department no less than 7 days prior to the event. No more than 2 special events occur during the same month. The maximum occupancy shall not exceed (280) occupants.” James Keene, City Manager, clarified that the conditions for special events would apply to all groups. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “replace in Condition 10, ‘50 persons’ with ‘70 persons.’ (New Part B.iii.) Council Member Scharff felt many of the activities held at the Church added to the community. However, meetings could be annoying to neighbors. Hopefully, the CUP requirements would reduce noise and annoyance. Council Member Fine believed the Staff recommendation was more appropriate than the PTC recommendation. The City Council was weighing preservation of neighborhood quality of life with activities held at a religious facility. Mayor Kniss inquired whether the condition for a Church representative to be onsite or reachable during hours of operation was included and definitive. Mr. Owen stated Condition Number 4 required a point of contact to be onsite at all times a community center event was occurring. Mayor Kniss suggested a representative should be present during all hours of operation. Mr. Lait advised that Condition Number 1 worked with Condition Number 4. Someone would have to be present whenever a community center activity took place. Council Member Scharff clarified that the CUP applied to community center events only. Council Member Holman requested the rationale for allowing three counselors. Mr. Lait indicated three offices were available. FINAL SENSE MINUTES Page 20 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Council Member Holman asked if more counselors could utilize the Church facility. Mr. Lait replied yes. AMENDMENT: Council Member Holman moved, seconded by Council Member Wolbach to add to the Motion, “replace in Condition 3, ‘three individual counselors’ with ‘five individual counselors.’” (New Part B.iv.) Council Member Holman stated counselors would have the least impact of any use. Council Member Wolbach remarked that counseling or psychotherapy services were in keeping with the Church's mission and community need. Counseling services would not exacerbate traffic and noise concerns. Ms. Stump requested Council Member DuBois disclose ex parte communications and access to the full record before a vote occurred. Council Member DuBois indicated he had heard the full item on the radio and disclosed one phone call with a member of the public. AMENDMENT PASSED: 7-2 Filseth, Fine no Mayor Kniss requested Council Members refer to the at-places memorandum rather than the Council packet when addressing provisions of the CUP. Council Member Holman requested clarification of the application of Condition Number 10. Mr. Owen explained that Condition 10 regulated community center events and activities. AMENDMENT: Council Member Holman moved, seconded by Council Member Kou to remove Part B.iii. from the Motion. Council Member Holman agreed with Staff's rationale for limiting occupancy to 50 people. Council Member Kou had witnessed the traffic problems caused by drop-off and pick-up at the Church. She had no confidence the Church would work with residents. iSing's artistic director had perpetuated animosity toward neighbors. She preferred the CUP contain penalties for noncompliance with its provisions. FINAL SENSE MINUTES Page 21 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Council Member Wolbach was open to allowing more people at fewer times and fewer people at more times. He inquired about the effect of an occupancy limit of 50 people on iSing. Ms. Delp reported a limit of 50 people would reduce the number of one class by ten and cause the second class to relocate. Council Member Wolbach inquired about the effect of a 70-person occupancy limit. Ms. Delp stated the second class would still need to relocate. Council Member Wolbach requested the frequency and the time of day of the two classes meeting simultaneously. Ms. Delp advised that the two classes met jointly on Thursday evening between 6:00 P.M. and 7:15 P.M. The two classes did not begin or end at the same time. Council Member Wolbach expressed concerns regarding noise and traffic. The amendment was not the right compromise. Council Member Scharff felt the amendment would drive iSing from the building, which was not something the community wanted to do. A lot of kids biked to iSing classes. Perhaps the CUP could allow one joint meeting of iSing classes per week. Council Member Fine cautioned the Council regarding the CUP running with the land. The current tenants should not dictate future events. Mayor Kniss asked if iSing needed an occupancy of 120 one night per week until 8:00 P.M. Ms. Delp clarified that the end time was 7:15 P.M. Mayor Kniss asked about the total number of students during that time period. Ms. Delp reported 40 students rehearsed in the sanctuary between 6:00 and 8:30. Sixty students rehearsed between 5:15 and 7:15. Mayor Kniss understood iSing needed an occupancy of 120 for one hour per week. Council Member DuBois believed the occupancy should be determined based on the property. FINAL SENSE MINUTES Page 22 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Vice Mayor Filseth concurred with Council Member Fine and Council Member DuBois. He was not sure Staff's conditions needed revisions. Council Member Holman clarified that her amendment was based on Staff's recommendation. AMENDMENT FAILED: 3-6 DuBois, Holman, Kou yes Council Member Holman inquired regarding the number of times per week an occupancy of 70 persons could be met. Mr. Lait responded every night. Council Member Holman questioned whether that was reasonable for the neighborhood. Condition 12 indicated numerous events could be backed up, which made the facility very active in a neighborhood. Perhaps there should be more time in staggering classes or a limit on the number of nights. Mr. Lait commented that Staff staggered drop-off and pick-up times to reduce the number of cars at the site. With the change in occupancy from 50 to 70, the threshold of 32 may need to be changed. The language of Condition 12 could be refined so that pick-up and drop-off times were staggered instead of event times. The threshold of 32 was tied to the number of onsite parking spaces. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “replace the last sentence of Condition 12 with, ‘community center events greater than 32 persons shall stagger pick-up and drop-off times by 15 minutes to facilitate access at drop-off and pick-up locations.’” (New Part B.v.) AMENDMENT: Council Member Holman moved, seconded by Council Member Kou to replace in the Motion Part B.v., “15 minutes” with “30 minutes.” Council Member Kou requested Staff's rationale for designating drop-off and pick-up on Bryant Street. Mr. Owen clarified that the driveway exited Church property directly adjacent to the neighbor. Having the drop-off and pick-up at that location would have a greater impact on the neighbor. Staff proposed pick-up and drop-off along both Bryant Street and North California Avenue. Council Member Kou felt 15 minutes would not be sufficient time for an occupancy of 70 people. The Council should consider mitigating traffic congestion as much as possible. FINAL SENSE MINUTES Page 23 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Council Member Wolbach preferred the Staff recommendation of 15 minutes. Vice Mayor Filseth was not sure an additional 15 minutes would make a difference in traffic. AMENDMENT FAILED: 2-7 Holman, Kou yes Mayor Kniss requested a Motion to continue Agenda Item Number 10. Council Member Wolbach suggested the Council hear public comment for Agenda Item Number 10. Council Member Scharff advised that public comment could be heard following Agenda Item Number 9; however, he recommended public speakers wait until Agenda Item Number 10 was rescheduled. MOTION: Council Member Scharff moved, seconded by Council Member Fine to continue Agenda Item Number 10 – Connecting Palo Alto Rail Program Status Update … to a date uncertain. MOTION PASSED: 8-1 Wolbach no Council Member Holman requested the rationale for the Church to notify Staff of special events within seven days. Mr. Lait reported there was no action or processing for Staff to take with respect to special events. Council Member Holman suggested Staff had to notify neighbors. Mr. Lait felt receiving notification close to the time of the event would benefit neighbors. Council Member Holman remarked that Staff could receive a notice seven days prior to the event, but neighbors might receive notice only two days prior to the event. Mr. Lait indicated Staff would not notify neighbors of special events because the Church would not submit an application or pay fees for special events. If a TUP was required, Staff would provide notice to neighbors. Council Member Holman was not aware the Motion did not include a TUP. Mr. Lait noted the Council could include a provision in the Motion for the Church to provide a courtesy notice to neighbors. FINAL SENSE MINUTES Page 24 of 29 City Council Meeting Final Sense Minutes: 5/14/18 AMENDMENT: Council Member Holman moved, seconded by Council Member Kou to add to the Motion, “add to Condition 17, ‘in the event three violations occur in any given month, the Conditional Use Permit shall be reconsidered.’” Mr. Lait referred to Condition 16, which authorized the Planning Director to impose new conditions. In addition, the Code provided consequences for the issuance of three citations within a specific time period. A pattern of violations would invoke Condition 16. Council Member Holman wanted a clear action to be taken if violations occurred. Mr. Keene suggested the action of reconsideration was not clear. Council Member Kou expressed concern that granting the CUP for community center activities would aggravate matters. Not having an immediate action simply allowed the aggravation to continue. She preferred the action be revocation of the CUP. INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Amendment, “reconsidered” with “revoked.” Mayor Kniss requested examples of a violation. Mr. Lait stated violations included 71 people onsite at a given time, activities occurring at 8:35 P.M., and cars parked on the curb during drop-off and pick-up. Council Member DuBois was concerned that three violations in a month was a high bar, but a method to revoke the CUP was logical. Council Member Wolbach inquired as to the maker's and seconder's intention to support the Motion if the current amendment was adopted. Council Member Holman advised that her next proposed amendment would help her determine whether to support or oppose the Motion. AMENDMENT AS AMENDED RESTATED: Council Member Holman moved, seconded by Council Member Kou to add to the Motion, “add to Condition 17, ‘in the event three violations occur in any given month, the Conditional Use Permit shall be revoked.’” AMENDMENT AS AMENDED FAILED: 3-6 DuBois, Holman, Kou yes FINAL SENSE MINUTES Page 25 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Council Member Holman noted a CUP applied to the current and future owners of the property. AMENDMENT: Council Member Holman moved, seconded by Mayor Kniss to add to the Motion, “add a Condition, ’if a church ceases to exist at 305 N. California Avenue, the Conditional Use Permit expires.’” Mayor Kniss inquired whether the Council could legally impose such provision. Mr. Lait thought the provision could state "in the event the property is redeveloped, the CUP shall expire." Council Member Holman asked what would happen if another church redeveloped the property. Mr. Lait advised that a new church would need a CUP. However, the Code allowed one nonconforming use to be replaced by another nonconforming use provided the use was not expanded or intensified in some way. If a church other than First Baptist Church owned the property, the CUP would continue to apply. Ms. Stump added that if Staff received a request for rezoning or the underlying zoning became the basis for redevelopment, then a community center would not be associated with that. SECOND TO THE AMENDMENT WITHDRAWN Council Member Holman asked why the CUP would not apply to redevelopment of the parcel into single-family homes. Ms. Stump expressed concern that the First Baptist Church could change its organization or its legal form or could evolve into another organization. The CUP should survive that. Council Member Scharff asked if the Motion discriminated against synagogues or mosques. Ms. Stump explained that the zoning definition of church encompassed all religious institutions. AMENDMENT: Council Member Holman moved, seconded by Council Member Wolbach to add to the Motion, “add a Condition, ‘if a church ceases to exist at 305 N. California Avenue, the Conditional Use Permit expires.’” (New Part B.vi.) FINAL SENSE MINUTES Page 26 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Council Member Wolbach asked if the Zoning Code used the term "church." Ms. Stump replied yes. The Zoning Code did not and could not distinguish between types of religious practice. AMENDMENT PASSED: 6-3 Filseth, Scharff, Tanaka no Council Member DuBois corrected his statement of ex parte communications to three residents. Staff did a good job of striking a balance with their recommendation. In general, CUPs should not be presented to Council. He would have preferred to limit the hours of operation and noise. He had heard public requests to reduce the hours on weekends. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part B.i. with “replace Condition 2 with, ‘Community center events shall not occur at the same time and shall be separated by at least fifteen (15) minutes from any organized religious worship or religious education. Community center events shall only occur between 10:00 A.M. and 7:30 P.M. 8:30 P.M., Monday through Thursday, and between 10:00 A.M. and 7:30 P.M., Friday, Saturday, and Sunday, except that ancillary counseling and psychotherapy may occur as early as 9:00 A.M. and regardless of any organized religious worship or religious education. All individuals attending or affiliated with any community center event shall vacate the premises no later than 9:00 P.M. nightly Monday through Thursday, and 8:00 P.M. nightly Friday, Saturday, and Sunday.’” AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “allow 1 event per week with up to 120 participants, ending by 7:30 p.m.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “the Conditional Use Permit requires annual renewal.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND Mr. Keene reminded the Council that the community would address the Council if problems arose. Council Member Scharff would support a sunset clause. Council Member Wolbach preferred a Staff review rather than a Council item. Council Member Scharff was sure someone would appeal a Staff review. FINAL SENSE MINUTES Page 27 of 29 City Council Meeting Final Sense Minutes: 5/14/18 Council Member Wolbach was not sure the Motion balanced interests perfectly. He welcomed a future policy discussion. Vice Mayor Filseth stated the Council was asking the neighbors to invest in traffic, noise, and parking; therefore, the Council needed to get the provisions of the CUP right. The CUP should come up for renewal at some point, and ten years appeared to be a reasonable timeframe. AMENDMENT: Vice Mayor Filseth moved, seconded by Council Member DuBois to add to the Motion, “the Conditional Use Permit comes up for renewal after 10 years.” Mayor Kniss urged five years rather than ten years. Council Member Fine felt five years was more appropriate because neighbors probably did not want to wait ten years. AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “the Conditional Use Permit comes up for renewal after 5 years.” (New Part B.vii.) Vice Mayor Filseth commented regarding the Stevens tweets. Mr. Keene requested clarification of the Council's intent for renewal of the CUP. Mayor Kniss understood a review of the CUP would occur in five years. Vice Mayor Filseth wanted to provide the community with an opportunity to appeal the CUP. Council Member Scharff suggested the Planning Director decide whether to renew the CUP with an opportunity for appeal. Mr. Lait clarified that a review, initiated by the Planning Director or the applicant, would occur in five years. At that time, action could be taken to change the conditions. Vice Mayor Filseth added that the CUP would be renewed unless it was appealed by either the Church or neighbors. Mayor Kniss believed the Council was setting a precedent. Other groups could apply for something similar if they were having trouble with a neighborhood. She could not recall a similar situation. FINAL SENSE MINUTES Page 28 of 29 City Council Meeting Final Sense Minutes: 5/14/18 MOTION AS AMENDED RESTATED: Council Member Scharff moved, seconded by Council Member Fine to: A. Find the proposed project exempt from the California Environmental Quality Act (CEQA) in accordance with Sections 15301 and 15323 of the CEQA Guidelines; B. Adopt a Record of Land Use Action as submitted to the Planning and Transportation Commission on April 11, 2018, approving the proposed Conditional Use Permit based on findings and subject to conditions of approval with the following changes: i. Replace Condition 2 with, “Community center events shall not occur at the same time and shall be separated by at least fifteen (15) minutes from any organized religious worship or religious education. Community center events shall only occur between 10:00am and 7:30pm 8:30pm, Monday through Thursday, and between 10:00am and 7:30pm, Friday, Saturday, and Sunday, except that ancillary counseling and psychotherapy may occur as early as 9:00am and regardless of any organized religious worship or religious education. All individuals attending or affiliated with any community center event shall vacate the premises no later than 9:00pm nightly Monday through Thursday, and 8:00pm nightly Friday, Saturday, and Sunday ; ii. Replace Condition 15, with “in addition to community center events authorized by these conditions of approval, six (6) special events may be held each calendar year to allow for community center events that exceed the occupancy limitations set forth in these conditions. The Applicant shall notify the Planning and Community Environment Department no less than 7 days prior to the event. No more than 2 special events occur during the same month. The maximum occupancy shall not exceed (280) occupants;” iii. Replace in Condition 10, “50 persons” with “70 persons;” iv. Replace in Condition 3, “three individual counselors” with “five individual counselors;” v. Replace the last sentence of Condition 12 with, “community center events greater than 32 persons shall stagger pick up and drop off times by 15 minutes to facilitate access at drop off and pick up locations;” FINAL SENSE MINUTES Page 29 of 29 City Council Meeting Final Sense Minutes: 5/14/18 vi. Add a Condition, “if a church ceases to exist at 305 N. California Avenue, the Conditional Use Permit expires;” and vii. The Conditional Use Permit comes up for renewal after 5 years. MOTION AS AMENDED PASSED: 7-2 Holman, Kou no 10. Connecting Palo Alto Rail Program Status Update and Initial Screening of Grade Separation Ideas for Further Study. This Agenda Item continued to a date uncertain. State/Federal Legislation Update/Action None. Council Member Questions, Comments and Announcements Council Member Holman did not support the Motion in Item Number 9 because neighbors had been waiting a very long time for a resolution. The Council went overboard in trying to support an organization that was worthy but too impactful for the neighborhood. She could not imagine that neighbors' grievances would cease given First Baptist Church's history of working with neighbors. Council Member Wolbach felt Council Members were influenced by an individual's personality or expression of First Amendment rights in Item Number 9. The Council set a precedent for religious institutions. Adjournment: The meeting was adjourned at 11:31 P.M.