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HomeMy WebLinkAbout1997-06-02 City Council Summary Minutes 06/02/97 −302 Regular Meeting June 2, 1997 1. Resolution of the Council of the City of Palo Alto Expressing Appreciation to Henrietta Burroughs for Outstanding Public Service as a Member of the Human Relations Commission.83-305 2. Resolution of the Council of the City of Palo Alto Expressing Appreciation to Tina Gutierrez for Outstanding Public Service as a Member of the Human Relations Commission.........83-305 3. Resolution of the Council of the City of Palo Alto Expressing Appreciation to Trina Lovercheck for Outstanding Public Service as a Member of the Human Relations Commission.........83-305 4. City Council Selection of Candidates to be Interviewed for the Utilities Advisory Commission.........................83-307 ORAL COMMUNICATIONS........................................83-307 APPROVAL OF MINUTES OF FEBRUARY 18 AND 24, 1997, AND MAY 27 AND 28, 1997 .................................................83-308 5. Ordinance 1st Reading entitled “Ordinance of the Council of the City of Palo Alto Amending Chapter 2.40 [Municipal Elections] of the Palo Alto Municipal Code by Adding Chapter 2.40.070 to Establish a Voluntary Campaign Expenditure Ceiling for Election to City Offices”.........................83-308 6. Contract between the City of Palo Alto and Lucas Concrete for City Facilities Walkway Improvements and Storm Drain Repair Project...............................................83-308 7. Resolution 7670 entitled “Resolution of the Council of the City of Palo Alto Approving and Authorizing a Master Agreement for Federal-Aid Projects”.................................83-308 8. Resolution 7671 entitled “Resolution of the Council of the City of Palo Alto Authorizing the Submittal of an Application to the Bay Area Air Quality Management District for Funds From 06/02/97 −303 the Transportation Fund for Clean Air Pursuant to Health and Safety Code Sections 44225 and 44241 for the Palo Alto Caltrain Station Bicycle Parking Facility and for the Embarcadero Bridge and Bike Path Extension Project”......................83-309 9. Ordinance 1st Reading entitled “Ordinance of the Council of the City of Palo Alto Amending Chapter 22.08 of Title 22 of the Palo Alto Municipal Code by Adding Section 22.08.380 to Dedicate 351 Homer Avenue, Palo Alto, Commonly Known as the Williams Property, as a Park and Reserving the Williams Property for Park, Playground, Recreation or Conservation Purposes”83-309 10. Contract between the City of Palo Alto and Key Turf Irrigation, Inc. for Interim Golf Course Tees and Greens Project..83-309 11. Contract between the City of Palo Alto and Kimley-Horn and Associates, Inc. for Traffic Signal Timing Project....83-309 12. Conference with City Attorney--Existing Litigation....83-309 12A. PUBLIC HEARING: The City Council will consider a request from Stanford University to certify a Final Environmental Impact Report and approve various entitlement requests related to a set of proposed development projects commonly known as the Stanford Sand Hill Corridor Projects - Deliberation (continued from 5/28/97).........................................83-310 13. Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 to Provide an Additional Appropriation for Housing for Persons with Developmental Disabilities at 2700 Ash Street.......................83-328 14. Ordinance 4419 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 to Provide an Additional Appropriation for Repair and Maintenance and Purchase of Equipment at the City’s Golf Course Restaurant Facility”..................................83-330 15. Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 for Funding of Joint Construction with Pacific Bell of a Substructure and Increased Work in Customer Design and Connection CIP-Project 892883-331 16. Council Review of Coordinated Area Plan Ordinance Framework City Attorney Ariel Calonne referred to a memo from the Palo Alto Chamber of Commerce (memo on file in the City Clerk’s Office) which suggested Council delay taking action on the item until the Comprehensive Plan (Comp Plan) was adopted. He reminded the Council that the City had a commitment from the 06/02/97 −304 Palo Alto Medical Foundation (PAMF) to substantially fund an area planning process in the South of Forest Area (SOFA) which was the driving force behind the timing of the item returning out of sequence with the Comp Plan....................83-332 17. Council Comments, Questions, and Announcements........83-337 ADJOURNMENT: The meeting adjourned at 9:52 p.m.............83-337 06/02/97 −305 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:13 p.m. PRESENT: Andersen, Fazzino (arrived at 7:14 p.m.), Huber, Kniss, McCown, Rosenbaum, Schneider, Wheeler ABSENT: Eakins SPECIAL ORDERS OF THE DAY 1. Resolution of the Council of the City of Palo Alto Expressing Appreciation to Henrietta Burroughs for Outstanding Public Service as a Member of the Human Relations Commission MOTION: Council Member Schneider moved, seconded by Andersen, to adopt the Resolution. Resolution 7666 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Henrietta Burroughs for Outstanding Public Service as a Member of the Human Relations Commission” MOTION PASSED 8-0, Eakins absent. 2. Resolution of the Council of the City of Palo Alto Expressing Appreciation to Tina Gutierrez for Outstanding Public Service as a Member of the Human Relations Commission MOTION: Council Member Schneider moved, seconded by Andersen, to adopt the Resolution. Resolution 7667 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Tina Gutierrez for Outstanding Public Service as a Member of the Human Relations Commission” MOTION PASSED 8-0, Eakins absent. 3. Resolution of the Council of the City of Palo Alto Expressing Appreciation to Trina Lovercheck for Outstanding Public Service as a Member of the Human Relations Commission MOTION: Council Member Schneider moved, seconded by Andersen, to adopt the Resolution. Resolution 7668 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Trina Lovercheck for Outstanding Public Service as a Member of the Human Relations Commission” 06/02/97 −306 MOTION PASSED 8-0, Eakins absent. Vice Mayor Andersen appreciated having worked with all three members of the Human Relations Commission (HRC) and thanked them for their contributions to the community. Council Member Fazzino said although he did not always agree with the HRC, it was one of the hardest working, most productive HRCs during its 30-year existence. He thanked the HRC members for pushing the Council to think and rethink issues in different ways. There was no question that the HRC had as its guiding principle the desire and commitment to represent individuals who did not have representation at City Hall. He appreciated each member’s contributions. Mayor Huber said he had the pleasure of serving as Council liaison to the HRC for two years, which he had thoroughly enjoyed. He thanked the HRC members for their good work. Henrietta Burroughs acknowledged the Resolution and thanked Council for the opportunity to serve on the HRC for the past six years. Tina Gutierrez thanked the Council for the honor of serving on the HRC and remembered Nancy Ritchie, the first person to introduce her to the HRC. Her first involvement with the City had been with Trina Lovercheck and former Mayor Gary Fazzino at a Town Hall meeting. She enjoyed her work on the HRC and was sorry circumstances had caused her to move from Palo Alto. Trina Lovercheck thanked the Council for her appointment to the HRC for three terms. It had been a worthwhile endeavor, albeit challenging, rewarding, and sometimes frustrating. She was proud to have been an advocate for human needs and services in Palo Alto. She acknowledged the dedicated staff of the Human Services Division, David Martin, Ilene Hertz, and Leah Zaner. She acknowledged all her colleagues over the years who cared deeply about the issues which came before the HRC. She was proud to be a member of a group that was willing to fight for things it believed in, although sometimes unpopular. 4. City Council Selection of Candidates to be Interviewed for the Utilities Advisory Commission RESULTS OF THE VOTING FOR INTERVIEWS FOR UTILITIES ADVISORY COMMISSION VOTING FOR DAWES: Andersen, Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Wheeler 06/02/97 −307 VOTING FOR EYERLY: Andersen, Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Wheeler VOTING FOR GRIMSRUD: Andersen, Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Wheeler VOTING FOR JOHNSON: Andersen, Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Wheeler VOTING FOR JOHNSTON: Andersen, Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Wheeler VOTING FOR MADSEN: Fazzino, Huber, Wheeler VOTING FOR McFADDEN: Andersen, Fazzino, Huber, Wheeler VOTING FOR SORGENFREI: Andersen, Fazzino, Huber, Wheeler VOTING FOR ZAHARIAS: Andersen, Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Wheeler City Clerk Gloria Young announced that Dexter Dawes, Fred Eyerly, G. Paul Grimsrud, Karl Johnson, Paul Johnston, William McFadden, Matt Sorgenfrei, and Michael Zaharias received four or more votes and would be interviewed on Monday, June 9, 1997. ORAL COMMUNICATIONS T. J. Watt, homeless, spoke regarding air conditioning in libraries and quasi-educational facilities. Edmund Power, 2254 Dartmouth Street, spoke regarding civic duty of Council Members. Joe Stratton, 205B Edgewood, spoke regarding Shoreline - Youth Council. APPROVAL OF MINUTES OF FEBRUARY 18 AND 24, 1997, AND MAY 27 AND 28, 1997 MOTION: Council Member Wheeler moved, seconded by Schneider, to approve the Minutes of February 18, 1997, as submitted. MOTION PASSED 8-0, Eakins absent. MOTION: Council Member Wheeler moved, seconded by Schneider, to approve the Minutes of February 24, 1997, as submitted. MOTION PASSED 8-0, Eakins absent. 06/02/97 −308 MOTION: Council Member Kniss moved, seconded by Andersen, to approve the Minutes of May 27, 1997, as submitted. MOTION PASSED 8-0, Eakins absent. MOTION: Council Member Kniss moved, seconded by Andersen, to approve the Minutes of May 28, 1997, as submitted. MOTION PASSED 8-0, Eakins absent. CONSENT CALENDAR MOTION: Council Member Wheeler moved, seconded by Fazzino, to approve Consent Calendar Item Nos. 5-11. 5. Ordinance 1st Reading entitled “Ordinance of the Council of the City of Palo Alto Amending Chapter 2.40 [Municipal Elections] of the Palo Alto Municipal Code by Adding Chapter 2.40.070 to Establish a Voluntary Campaign Expenditure Ceiling for Election to City Offices” Resolution 7669 entitled “Resolution of the Council of the City of Palo Alto Establishing the Number of Residents of the City for the Purpose of Determining the Voluntary Expenditure Ceiling for City Elections, as Set Forth in Chapter 2.40.070 of the Palo Alto Municipal Code” 6. Contract between the City of Palo Alto and Lucas Concrete for City Facilities Walkway Improvements and Storm Drain Repair Project 7. Resolution 7670 entitled “Resolution of the Council of the City of Palo Alto Approving and Authorizing a Master Agreement for Federal-Aid Projects” Master Agreement between the City of Palo Alto and California Department of Transportation (Caltrans) for Federal-Aid Projects 8. Resolution 7671 entitled “Resolution of the Council of the City of Palo Alto Authorizing the Submittal of an Application to the Bay Area Air Quality Management District for Funds From the Transportation Fund for Clean Air Pursuant to Health and Safety Code Sections 44225 and 44241 for the Palo Alto Caltrain Station Bicycle Parking Facility and for the Embarcadero Bridge and Bike Path Extension Project” 9. Ordinance 1st Reading entitled “Ordinance of the Council of the City of Palo Alto Amending Chapter 22.08 of Title 22 of the Palo Alto Municipal Code by Adding Section 22.08.380 to 06/02/97 −309 Dedicate 351 Homer Avenue, Palo Alto, Commonly Known as the Williams Property, as a Park and Reserving the Williams Property for Park, Playground, Recreation or Conservation Purposes” 10. Contract between the City of Palo Alto and Key Turf Irrigation, Inc. for Interim Golf Course Tees and Greens Project Amendment No. 2 to Contract No. C4038586 between the City of Palo Alto and Amphion Environmental, Inc. for Construction Management Services for Interim Golf Course Tees and Greens Project 11. Contract between the City of Palo Alto and Kimley-Horn and Associates, Inc. for Traffic Signal Timing Project MOTION PASSED 8-0 for Item Nos. 5 and 7 to 11, Eakins absent. MOTION PASSED 7-0 for Item No. 6, Rosenbaum “not participating,” Eakins absent. CLOSED SESSION 12. Conference with City Attorney--Existing Litigation Subject: Patricia Babcock v. City of Palo Alto, et al., SCC No. CV 760187 Authority: Government Code Section 54956.9(a) MOTION TO CONTINUE: Vice Mayor Andersen moved, seconded by Wheeler, to continue the item to the June 9, 1997, City Council Meeting. MOTION TO CONTINUE PASSED 8-0, Eakins absent. UNFINISHED BUSINESS 12A. PUBLIC HEARING: The City Council will consider a request from Stanford University to certify a Final Environmental Impact Report and approve various entitlement requests related to a set of proposed development projects commonly known as the Stanford Sand Hill Corridor Projects - Deliberation (continued from 5/28/97) a. ENVIRONMENTAL IMPACT REPORT: Recommendation to certify the Environmental Impact Report prepared for the Stanford Sand Hill Road Corridor Projects. b. SAND HILL ROAD EXTENSION AND WIDENING AND RELATED ROADWAY IMPROVEMENTS: Recommendation to approve the following: 06/02/97 −310 Resolution of the Council of the City of Palo Alto Amending the Land Use Map and the Street Network Map of the Palo Alto Comprehensive Plan Relating to Roadway and Circulation Changes and Changes in the Boundaries of the Streamside Open Space Area in the Vicinity of the Stanford Shopping Center Resolution of the Council of the City of Palo Alto Amending Various Elements of the Palo Alto Comprehensive Plan Relating to Road Improvements in the Sand Hill Road Corridor Resolution of the Council of the City of Palo Alto Amending the Land Use Element of the Palo Alto Comprehensive Plan Relating to the Streamside Open Space Land Use Category Ordinance of the Council of the City of Palo alto Amending Section 20.08.020 (The Setback Map) of the Palo Alto Municipal Code to Change the Setback Line Along a Portion of Sand Hill Road Architectural Review Approval c. STANFORD WEST APARTMENT HOUSING: Recommendation to approve the following: Resolution of the Council of the City of Palo Alto Amending the Land Use Map of the Palo Alto Comprehensive Plan for Lands of Stanford University Located Generally at 1000 Sand Hill Road (Stanford West Apartment Project) Site and Design Approval Variance to Allow On-street Parking Where Off-street Parking Is Otherwise Required Variance to Allow Arterial and Special Setback on Sand Hill Road to be 18 Feet Where 25 Feet is Otherwise Required Design Enhancement Exception to Allow Side Yard Setbacks in Some Locations To Be As Small as 0 Feet Where 16 Feet Is Normally Required Design Enhancement Exception to Allow Less Private Open Space for 29 Apartment Units Than Is Otherwise Required d. STANFORD WEST SENIOR HOUSING: Recommendation to approve the following: 06/02/97 −311 Resolution of the Council of the City of Palo Alto Amending the Land Use Map of the Palo Alto Comprehensive Plan for Lands of Stanford University Located at 600 and 700 Sand Hill Road (Stanford West Senior Housing) Ordinance of the Council of the City of Palo Alto Amend- ing Section 18.08.040 of the Palo Alto Municipal Code (the Zoning Map) to Change the Classification of Property Known as 600 Sand Hill Road and a Portion of 1000 Sand Hill Road from PF to PC and from RM-30 to PC, Respectively (Stanford West Senior Housing) Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (the Zoning Map) to Change the Zone Classification of Property Located at 600, 700 and 1000 Sand Hill Road from RM-30 to PF and from PF to RM-30 Design Enhancement Exception to Side Yard Fencing Regulations to Allow No Solid Wall or Fence to be Provided along the Common Property Line between the Multiple Family (RM) Zoned Site and the Planned Community (PC) Zoned Senior Housing Site e. STANFORD SHOPPING CENTER EXPANSION: Recommendation to approve the following: Ordinance of the Council of the City of Palo Alto Amending Section 18.43.050 of the Palo Alto Municipal Code (Community Commercial District Site Development Regulations), Relating to the Allowable Floor Area of the Stanford Shopping Center Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (the Zoning Map) to Change the Zone Classification of Property Located at 180 El Camino Real from CC to CC(l) (Stanford Shopping Center) Variance to Allow a 3-foot Setback on Arboretum Road for Two Retail Buildings Where 24 Feet is Otherwise Required Architectural Review Approval f. TENTATIVE SUBDIVISION MAP: Recommendation to approve the following: Tentative Subdivision Map, with an Exception for Road Right-of-Way Width 06/02/97 −312 Street Names, as Recommended by the Palo Alto Historical Association g. DEVELOPMENT AGREEMENT: Recommendation to approve the following: Ordinance of the Council of the City of Palo Alto Approving a Development Agreement Between the Board of Trustees of the Leland Stanford Junior University and the City of Palo Alto Development Agreement between the City of Palo Alto and the Board of Trustees of the Leland Stanford Junior University h. ANNEXATIONS: Recommendation to approve the following: Ordinance of the Council of the City of Palo Alto Conditionally Amending Section 18.08.040 of the Palo Alto Municipal Code (the Zoning Map) by Prezoning as RM-40 a Portion of a New Parcel to be Created by the Realignment of Pasteur Drive and by Prezoning as PF(L) an Area of Land that Will Become Part of Pasteur Drive Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 (the Zoning Map) to Change the Zone Classification of a Portion of a New Parcel to be Created by the Realignment of Pasteur Drive at Sand Hill Road from PF(L) to RM-40 Motions were adopted in concept for the Stanford West Apartments regarding the Deli Market, Stanford Shopping Center, an amendment to the El Camino Park issue to retain a lease relationship between the City and Stanford for the Transit Center, and alternative recommendations regarding the Sand Hill Corridor Future Development. Further, direction was given to staff to pursue a long-term planning process with Stanford regarding future development in the corridor. (Please see the following Certified Shorthand Reporter’s transcript for actual wording of the motions.) 06/02/97 −313 06/02/97 −314 06/02/97 −315 06/02/97 −316 06/02/97 −317 06/02/97 −318 06/02/97 −319 06/02/97 −320 06/02/97 −321 06/02/97 −322 06/02/97 −323 06/02/97 −324 06/02/97 −325 06/02/97 −326 06/02/97 −327 RECESS: 8:55 P.M. - 9:05 P.M. ORDINANCES 13. Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 to Provide an Additional Appropriation for Housing for Persons with Developmental Disabilities at 2700 Ash Street Amendment No. 1 to Contract No. C7091721 between the City of Palo Alto and Mid-Peninsula Housing Coalition to Provide Funds for the Development of the Page Mill Court Apartments for Persons with Developmental Disabilities at 2700 Ash Street Housing Coordinator Catherine Siegel said the request from Mid-Peninsula Housing Coalition (MPHC) was for an additional $180,400 from Commercial Housing In-lieu funds for the construction of 24 units of Federal Housing and Urban Development (HUD) subsidized apartments for adults with developmental disabilities, bringing the total contribution to the project to $936,000. The total cost of the development was $3,674,000. The project would be ready to chart construction by the end of June 1997, with completion scheduled for late next spring. Council Member Fazzino noted that MPHC was asking for a waiver of school fees and asked the amount of the fees. City Manager June Fleming said school fees were $33,000. Council Member Fazzino asked whether the Palo Alto Unified School District (PAUSD) had waived fees for similar situations in the past. Ms. Fleming said the issue had been raised at a City/School Liaison Committee meeting with School Board Members Richardson and Jerome in attendance. The item scheduled for the PAUSD Board’s agenda for the meeting of June 3, 1997, was entitled, “Request for Waiver of School Impact Fees for Page Mill Court/Mid-Peninsula Housing Coalition Project.” Superintendent Don Phillips had made it clear in his report that his interpretation of the relevant pieces of legislation and code was that the Board was required to exempt those types of projects from development fees. Council Member Wheeler asked, in the event the $33,000 was not applicable to the project, whether the amount of funds ultimately needed for the project would be impacted. Ms. Fleming said staff would make the necessary adjustment which reflected the amount recommended from funds that evening. 06/02/97 −328 Council Member Schneider asked whether the City could waive City permit fees if the PAUSD Board agreed to waive school fees. Ms. Fleming said the issue was not a waiver of fees by the PAUSD Board since the type of project was actually exempt from school fees. She said City staff was not authorized to waive fees. Council Member Schneider asked staff to explain the high contingency fees which had advanced from $50,000 to $117,300. Ms. Siegel said there were outstanding regulatory issues related to the HUD funding which required Davis Bacon Prevailing Wage rates to be paid on the project. HUD was in the process of reinterpreting its earlier administrative guidelines on what types of contractors qualified to work on the projects without paying prevailing wage rates as a sole proprietor. It was unclear if the stricter interpretation would be applied to the project; therefore, the higher contingency fee was requested. Council Member Kniss clarified the amount of the In-lieu Fund would be reduced and asked whether the Sheridan Apartment project would be impacted. Ms. Siegel said the monies would come from the Commercial Housing In-lieu Fund which by the Housing Reserve Guidelines adopted by Council, was restricted for use in developing newly constructed units. The Sheridan Apartment project was an acquisition of existing housing and would be funded from other sources. MOTION: Council Member Kniss moved, seconded by Fazzino, to: 1) adopt the Budget Amendment Ordinance to appropriate an additional $180,400 in Commercial Housing In-Lieu funds to the Page Mill Court Apartments Project; 2) approve Amendment No. 1 to the Agreement with its form of promissory note and deed of trust between the City of Palo Alto and Mid-Peninsula Housing Coalition providing additional funds for construction and other development costs and including other changes related to additional funding and federal requirements; and 3) authorize the City Manager to execute the agreement in substantial form, and direct the City Manager to administer the provisions of the agreement and to execute any other documents required to close the transaction for construction funding for the 2700 Ash Street project, including an assignment and assumption agreement and a required subordination agreement with the Federal Department of Housing and Urban Development (HUD). Ordinance 4418 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 to Provide an Additional Appropriation for Housing for Persons with Developmental Disabilities at 2700 Ash Street” 06/02/97 −329 Amendment No. 1 to Contract No. C7091721 between the City of Palo Alto and Mid-Peninsula Housing Coalition to Provide Funds for the Development of the Page Mill Court Apartments for Persons with Developmental Disabilities at 2700 Ash Street MOTION PASSED 8-0, Eakins absent. 14. Ordinance 4419 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 to Provide an Additional Appropriation for Repair and Maintenance and Purchase of Equipment at the City’s Golf Course Restaurant Facility” Real Property Manager William Fellman said the request before the Council was from staff and R&T Restaurants, the new tenant, to reimburse, repair, replace, and provide equipment for the golf course restaurant in the amount of $54,000. The equipment request was to repair damage from the previous tenant, to replace worn equipment, to replace equipment essential to the operation of the restaurant which had been owned and removed by the previous tenant after breaking a verbal agreement to sell equipment to R&T Restaurant, and to provide equipment to meet new code requirements. Vice Mayor Andersen noted staff had considered litigation against the previous owner but had not pursued it. He asked staff to elaborate on the reasons. Mr. Fellman said the reason was twofold. The City had received income intended for the previous tenant for carpeting and had retained the tenant’s security deposit. Additionally, the wear and tear on the equipment made it difficult to determine what was or was not wrong. Those items which were damaged when equipment was being removed by the tenant staff believed had been recouped from the income retained. Vice Mayor Andersen clarified that $9,700 was recouped, plus a security deposit of $2,000, for a total of $11,700; yet, the replacement costs totaled $54,000. Clearly, there was wear and tear; however, the differential was great. Mr. Fellman said some of the costs were due to code requirements attributed to a new tenant. Vice Mayor Andersen asked whether the previous tenant was still in the area. Mr. Fellman said Hazard’s maintained several Hofbraus in the area under the name of Harry’s Hofbrau. MOTION: Vice Mayor Andersen moved, seconded by Kniss, to adopt the Budget Amendment Ordinance in the amount of $54,000 to: 1) provide funds to reimburse R&T Restaurant Corporation (R&T), the City’s 06/02/97 −330 restaurant tenant, for expenditures necessary for maintenance and repairs made to the City’s Golf Course restaurant facility; 2) repair and replace City-owned restaurant equipment; 3) allow the City to own all the restaurant equipment essential to the function of the facility; and 4) add new equipment and upgrade certain services. Ordinance 4419 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 to Provide an Additional Appropriation for Repair and Maintenance and Purchase of Equipment at the City’s Golf Course Restaurant Facility” MOTION PASSED 8-0, Eakins absent. 15. Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 for Funding of Joint Construction with Pacific Bell of a Substructure and Increased Work in Customer Design and Connection CIP-Project 8928 MOTION: Council Member Fazzino moved, seconded by Schneider, to adopt the Budget Amendment Ordinance in the amount of $300,000, to be taken from the Electric Fund Rate Stabilization Reserve, to fund joint construction with Pacific Bell of a substructure along Forest Avenue and increased work in the Customer Design/Connection CIP Project No. 8928. Ordinance 4420 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 for Funding of Joint Construction with Pacific Bell of a Substructure and Increased Work in Customer Design and Connection CIP-Project 8928" MOTION PASSED 8-0, Eakins absent. REPORTS OF OFFICIALS 16. Council Review of Coordinated Area Plan Ordinance Framework City Attorney Ariel Calonne referred to a memo from the Palo Alto Chamber of Commerce (memo on file in the City Clerk’s Office) which suggested Council delay taking action on the item until the Comprehensive Plan (Comp Plan) was adopted. He reminded the Council that the City had a commitment from the Palo Alto Medical Foundation (PAMF) to substantially fund an area planning process in the South of Forest Area (SOFA) which was the driving force behind the timing of the item returning out of sequence with the Comp Plan. Director of Planning and Community Environment Ken Schreiber said he had received a letter from PAMF indicating its desire to begin 06/02/97 −331 the Coordinated Area Planning process, triggering the process as set forth in the development agreement. Mayor Huber clarified an ordinance was needed before proceeding with the SOFA Coordinated Area Plan. Mr. Calonne said that would be his preference. Procedures could be created by resolution; however, fee recovery would be difficult. He strongly advised setting up an ordinance framework for the SOFA. Council Member Rosenbaum asked for a clarification of fees on page 5, second paragraph under (h) of the Council Review Draft Ordinance attached to the staff report(CMR:270:97), “It is the intent of the city council to charge persons....” He. Mr. Calonne said basic state law under its authorization for Specific Plans allowed a city to front the cost of doing a Specific Plan and then establish a fee to assess folks who developed within the plan area to recover the costs of the planning. The theory was by doing the advanced planning work, the applicants would save substantial costs they would otherwise incur. The paragraph was attempting to allude to that concept in state law. Council Member Rosenbaum asked whether a fee would be charged if no savings were to result. From the first paragraph, he understood there could be a fee anytime and questioned if the second paragraph modified the first paragraph. Mr. Calonne said no, the intent of the second paragraph was to be explanatory. Currently, the fee provisions were conceptual. Council Member Rosenbaum questioned whether the PAMF agreed to pay all costs. Mr. Schreiber said the PAMF agreed to pay two-thirds of the cost up to $200,000. Council Member Wheeler asked, assuming an area plan was in place for a specific area and a project proposal was received which was in conformance with the area plan, whether no further environmental work would be required on the part of the applicant, or a substantially reduced amount of environmental work, thus a cost savings would result. Mr. Calonne said there should be a substantial reduction of environmental work. Presumably, the environmental work was done with the Coordinated Area Plan. An exception would be if a long period of time had passed. 06/02/97 −332 Council Member Wheeler asked what would happen if a nonconforming application were received for a development within the area. Mr. Calonne referred to page 7 of the Council Review Draft Ordinance, Section 19.10.060, which forbade any permit being issued for an inconsistent application. One of the issues in the footnote was whether the Council wanted to create a holding pattern in the designated change areas of the Comp Plan until a Coordinated Area Plan was completed in order to prevent an applicant from forwarding the intent. Council Member Wheeler understood the Council played a significant role in launching an area plan. She had a concern regarding a type of process potentially being used to subvert the Comp Plan and asked whether the Council needed to make that clear in its instructions up-front, i.e., the parameters Council presented to the working group and to the community indicating there were certain elements of the Comp Plan and certain programs and policies that the area plan needed to conform to. Mr. Calonne said staff gave much thought to how specific the list should be of what the Council should do. He referred to Section 19.10.030 on page 3, paragraph (a) Council Goals and Policies, and said the list was very general. Mr. Schreiber anticipated when initiating a particular Coordinated Area Plan, there would be a staff and Council effort for pubic input to identify relevant Comp Plan goals, policies, programs, land use designations, etc., so the Council would have an opportunity to indicate the boundaries within which the Coordinated Area Plan should be working in terms of adopted City policy. Situations might occur where, from a land use designation standpoint, changes would be appropriate. Housing and Transportation goals and policies would be reviewed by the Council, and the Council would indicate its receptivity to considering changes or not. The policy framework would be clearly defined for the Coordinated Area Plan process. Council Member Wheeler clarified the process would not be the same type of open-ended process as the Comp Plan Advisory Committee (CPAC) process in that definite ground rules would be set up. Mr. Schreiber said the expectation was there would be ground rules; however, if the Council wanted an open-ended process, the process could not be accomplished within the time frame or budget currently allotted. Staff did not anticipate the process as an open-ended evaluation of policy alternatives. Council Member Schneider noted the framework for staff and the consultants to complete the process was 12 to 15 months. 06/02/97 −333 Mr. Schreiber said 12 to 15 months was a tight time frame and might not be precisely achievable, but the basic message was that the process should not be a long-term, open-ended process. The longer a process went on, the harder it was for people to keep in touch with it and the higher the cost for consultant resources. Patrick Burt, 1249 Harriet Street, represented the University South Neighborhood Association (USNA), said the group supported the Coordinated Area Plan process. He was unclear as to when the process would begin in reference to the 12- to 15-month time frame outlined in the ordinance. If the process began at the time of the Urban Lane site ground breaking, which had already occurred, the development agreement for that called for a 12-month period. If the Council referred the ordinance that evening to the Planning Commission, the item would need to be returned to Council in a certain time frame so that a specific SOFA Coordinated Plan could then be scoped by the Council. That process would cut into the one-year time frame. The timing issues needed to be sorted out. In response to Council Member Wheeler’s questions regarding the Comp Plan overlay concept, the USNA was supportive of the Comp Plan as the framework from which the SOFA would proceed and looked forward to how the vision of the Comp Plan could be implemented in the neighborhood. Additionally, the potential for the Downtown library to be considered for a new public safety building was supported and hopefully would be addressed inside the context of the process. Other issues would arise such as the composition of the working group. There were major and minor stakeholders and he queried whether each of those entities would be represented by one representative, or would a “weighted” approach take place. The USNA encouraged adoption of the ordinance when it returned to the Council from the Planning Commission. Herb Brock, 2731 Byron Street, said the proposal before the Council that evening was really two different proposals. He believed the Council should give direction to proceed with one and withhold its approval of the other. The first issue was the implementation of the Palo Alto Medical Foundation (PAMF) project. Having an ordinance which initiated a Specific Plan for the area being vacated by the PAMF was a good idea. However, he agreed with the Chamber of Commerce that it was the wrong time to have a general ordinance that would implement a Comprehensive Plan not yet adopted. There was a second difference between the two projects. In the first, an intense nonresidential use was being replaced by a primarily less intense residential use. In the Comp Plan, three areas had been targeted to initiate more intense commercial and residential use. He believed the two issues needed to be separated, and an ordinance should only be initiated for a Specific Planning process for the PAMF. 06/02/97 −334 David Jury, 330 Town & Country Village, Real Estate Manager for the Palo Alto Medical Foundation (PAMF), said the PAMF joined the neighborhood in supporting the concept of the Coordinated Area Plan as described in the draft. The PAMF opposed the Chamber of Commerce’s recommendation to delay action on the item. The neighborhood had waited long enough, the people had been patient while the PAMF went through its agonies on El Camino Real, and it was time to look at the Downtown campus. He referred to page 5 of the Council Review Draft, Section 19.10..030, paragraph (g) Amendments, which stated “An ordinance adopting a Coordinated Area Plan may establish procedures for amendments,” suggesting the paragraph read “shall” establish procedures and perhaps spell out the procedures in advance so the ground rules were known from the beginning of the process. He appreciated the efforts on the Council Review Draft. Mayor Huber clarified the draft ordinance before Council was a generic ordinance for Coordinated Area Plans. He said Mr. Burt was specifically talking about a time frame for SOFA and asked what the timing was between the two. Mr. Calonne said he was not prepared to give the “drop dead” date out of the development agreement for PAMF. The discussion internally had been to attempt to refer the item to the Planning Commission prior to Council’s vacation. Mr. Schreiber said the development agreement had a provision which triggered the Coordinated Plan for no later than September 1997. Mr. Burt might be referring to a provision in the development agreement which indicated that after the PAMF started substantial construction on the Urban Lane site, it lost the right to use the existing Specific Plan approved in the early 1990s. He did not believe that to be a particular concern. During the PAMF review process, it was noted that there would likely be an interim period under which the PAMF could not do anything to the property even if the site had been vacated and the PAMF had moved to the Urban Lane site. He did not believe there was a time conflict between what was currently before the Council and the PAMF process. Mr. Calonne reinforced the need to have procedures spelled out, either in the ordinance or in each area plan, and did not oppose the word change from “may” to “shall.” MOTION: Council Member Schneider moved, seconded by Wheeler, to direct staff to proceed to the Planning Commission for a recommendation on the actual Municipal Code revision with an amendment to Section 19.10.030(g) to change the word “may” to “shall.” 06/02/97 −335 Council Member Wheeler hoped representatives from the Chamber of Commerce would share the extensive comments on their review of coordinated area plans, preferably at the Planning Commission Meeting. In the formative stages, ordinances might leave out some important considerations, and the Council would like to have any serious issues addressed. She was not concerned about passing an ordinance outside the Comprehensive Plan process. Given the work plan, workload, and staffing considerations of the Planning Division, there would not be a preponderance of Coordinated Area Plans in succession. The SOFA had been talked about for many years. By the time the opportunity came to have the next Coordinated Area Plan, the Comprehensive Plan would have been adopted. Having been exposed to the semi-coordinated planning effort in the Midtown area, she believed new methods were needed to deal with larger neighborhood issues. The framework before the Council was a little bold, a little risky, but headed for success. She commended staff. Mayor Huber suggested the appropriate time to work out the time frames referred to by Mr. Burt would be when the item went before the Planning Commission to ensure everyone would be clear on whether or not under the proposed ordinance there would be enough time to do a SOFA area plan if in fact the SOFA area plan were done based on the ordinance. He believed the ordinance would be another work-in-progress because one had not been done before. His main concern was not to front-load it, resulting in directing the working group as to what should be done. There needed to be enough flexibility to let the folks in the neighborhood, who knew something about it, make it happen. MOTION PASSED 8-0, Eakins absent. COUNCIL MATTERS 17. Council Comments, Questions, and Announcements Council Member Wheeler said she and Mayor Huber would prepare a staff report to be placed on the agenda for the Monday, June 9, 1997, City Council Meeting regarding the prospect of an election for the Stanford Sand Hill Corridor Projects for the November ballot. ADJOURNMENT: The meeting adjourned at 9:52 p.m. in honor of the birth of Vice Mayor Andersen’s grandson. ATTEST: APPROVED: City Clerk Mayor 06/02/97 −336 NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.180(a) and (b). 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