HomeMy WebLinkAbout1997-11-10 City Council Summary Minutes Regular Meeting November 10, 1997 1. Presentation by Larry Stone, Santa Clara County Assessor85-126 ORAL COMMUNICATIONS........................................85-126 APPROVAL OF MINUTES .......................................85-127 2. Proposed Access Rate Schedule E-9, Standby Rate Schedule E-13, and Net-Energy Metering Rate Schedule E-10 - Refer to Finance Committee.............................................85-127 3. Contract between the City of Palo Alto and Meyer, Mohaddes Associates, Inc. for Consultant Services for Traffic Control Safety Devices........................................85-127 4. Amendment No. 1 to Consultant Contract No. C6081168 between the City of Palo Alto and Milton F. Johnson, Architect, for
Rinconada Children=s Pool Improvement Project .........85-127 5. Conference with Real Property Negotiator..............85-127 6. Conference with City Attorney--Potential/Anticipated Litigation............................................85-128 7. PUBLIC HEARING: The Palo Alto City Council will consider the recommendations of the Planning Commission for a 1998-2010 Comprehensive Plan....................................85-128 ADJOURNMENT: The meeting adjourned to Closed Session at 9:20 p.m.......................................................85-150 FINAL ADJOURNMENT: The meeting adjourned at 10:20 p.m......85-150 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:10 p.m. PRESENT: Andersen, Eakins, Fazzino, Huber, McCown, Rosenbaum, Schneider, Wheeler
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ABSENT: Kniss SPECIAL ORDERS OF THE DAY 1. Presentation by Larry Stone, Santa Clara County Assessor Santa Clara County Assessor Larry Stone made a presentation and spoke about the role of the assessor, assessments, and appeals, and submitted written correspondence. No action required. ORAL COMMUNICATIONS Mayor Huber congratulated all who had participated in the recent election and, in particular, the reelected Council Members and newly elected Council Members. He commented on Measures M and O, for which voters had received sufficient information to make a decision and had done so. The City needed to move on to other issues the community faced, such as, traffic, housing, etc. The City Clerk and her staff were thanked for all the hard work on election night. The process had worked well. T. J. Watt, homeless, spoke in opposition to Council's approval of the Sand Hill Road project. Judith Wasserman, Public Art Commissioner, spoke against vandalism to public art. John Shaffer, 1840 Camino de Los Robles, Menlo Park, spoke regarding the recent election, encouraging the continuation of regional efforts to address problems related to the Sand Hill Road project. Council was urged to resolve its differences with Menlo Park. Debbie Mytels, 2824 Louis Road, spoke regarding the recent election and took personal responsibility for misquotes which had been published in a mailer, which had not been meant to deceive, and clarified that former Menlo Park Mayor Gayle Slocum had not been involved in the process. Palo Alto was urged to take a more regional approach to the Sand Hill Road project, particularly along San Francisquito Creek. Edmund Power, 2254 Dartmouth Street, spoke regarding corruption of the press. APPROVAL OF MINUTES
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MOTION: Council Member Wheeler moved, seconded by Schneider, to approve the Minutes of September 22, 1997, as submitted. MOTION PASSED 8-0, Kniss absent. CONSENT CALENDAR MOTION: Council Member Rosenbaum moved, seconded by Andersen, to approve Consent Calendar Item Nos. 2 - 4. 2. Proposed Access Rate Schedule E-9, Standby Rate Schedule E-13, and Net-Energy Metering Rate Schedule E-10 - Refer to Finance Committee 3. Contract between the City of Palo Alto and Meyer, Mohaddes Associates, Inc. for Consultant Services for Traffic Control Safety Devices 4. Amendment No. 1 to Consultant Contract No. C6081168 between the City of Palo Alto and Milton F. Johnson, Architect, for
Rinconada Children=s Pool Improvement Project MOTION PASSED 8-0 for Item Nos. 2-4, Kniss absent. CLOSED SESSION 5. Conference with Real Property Negotiator Property: 360 Sheridan Avenue Potential Negotiation Parties: Sam Webster and general
partners in ΑThe Sheridan≅ Subject of Potential Negotiation: Price and Terms of Payment Authority: Government Code section 54956.8 6. Conference with City Attorney--Potential/Anticipated Litigation Subject: Significant Exposure to Litigation on one matter Authority: Government Code section 54956.9(b)(1) & (b)(3)(A) 7. PUBLIC HEARING: The Palo Alto City Council will consider the recommendations of the Planning Commission for a 1998-2010 Comprehensive Plan, including goals, policies and programs for six elements (Land Use and Community Design, Transportation,
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Housing, Natural Environment, Community Services and Facilities and Business and Economics); creation of new land use designation categories and street classifications; a modified Land Use and Circulation Map; and a Governance chapter which is not an element. The Final Environmental Impact Report analyzes potential environmental effects and impacts of the new Comprehensive Plan, mitigation measures for reducing environmental impacts and responds to comments received during public review of the Draft Environmental Impact Report. (continued from 11/3/97) Council Member McCown indicated a desire for additional language concerning the Downtown extension for CalTrain, which she would provide at the next Council meeting. Vice Mayor Andersen had previously asked about the Midtown area in relation to White Page L-28 of the draft Palo Alto 1996-2010
Comprehensive Plan (Comprehensive Plan), Program L-39, ΑMake improvements to Middlefield Road in Midtown that slow traffic, make the street more pedestrian-friendly, and unify the east and west
sides of the commercial area,≅ which related to his discussion about traffic impacts in residential areas in the south part of Palo Alto. Such reductions should be weighed against impacts to traffic in surrounding neighborhoods. Staff had said consideration would be given to traffic in surrounding neighborhoods if it proceeded with a study of Middlefield Road, but he wanted to have a commitment to not adversely affect neighborhoods as a result of a slow-down on Middlefield Road. MOTION: Vice Mayor Andersen moved, and it was duly seconded, to direct staff to revise the Land Use and Community Design Element,
White Page L-28, Program L-39 as follows: ΑMake improvements to Middlefield Road in Midtown that slow traffic, make the street more pedestrian-friendly, and unify the east and west sides of the commercial area with consideration given to traffic impacts on the
residential neighborhoods.≅ MOTION PASSED 8-0, Kniss absent. Mayor Huber asked whether the Comprehensive Plan contained general language which prevented solving a commercial problem by moving traffic into a residential area. Director of Planning and Community Environment Ken Schreiber said Council had asked staff to rework the Midtown portion of the Land Use section of the Comprehensive Plan, asking whether Council concurred with the general concept of including Vice Mayor
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Andersen's suggested wording into the staff assignment from the prior week. Vice Mayor Andersen concurred with Mr. Schreiber's suggestion. Council Member Eakins suggested cross-referencing the suggested language in the Land Use Section with Goal T-5 on White Page T-18 of the Comprehensive Plan, "A Transportation System with Minimal Impacts on Residential Neighborhoods," to tie the two together. Council Member Schneider asked about the reference to Centers on Green Page H-4 of the Comprehensive Plan under Housing
Opportunities, ΑWithin the Centers, mixed use will be encouraged to
provide housing opportunities.≅ Mr. Schreiber said the word "Centers" was defined under the Land Use Section and referred to both neighborhood and Citywide centers, i.e., major shopping districts. Council Member Eakins said the reference to Laney Chatteau in the Comprehensive Plan was misspelled. Council Member Wheeler suggested an addition to the Comprehensive Plan in light of recent events in the community, possibly at the section beginning on White Page H-11, Goal H-3, "Housing Opportunities for a Diverse Population, Including Very low-, Low- and Moderate-income Residents, and Persons with Special Needs." The first item related to the rapidly increasing rents in the City over the past few years which had caused the economic diversity of the population to decrease by displacing a considerable number of former renters. The Policy & Services (P&S) Committee addressed the issue during its October 1997 meeting and had voted to recommend Council direct staff to take certain actions. Among the recommended actions were an increase in the visibility and use of landlord/tenant education and the use of mediation to assist in retaining the supply of affordable rental housing in the community. Such a policy should be inserted into the Comprehensive Plan. As discussions with staff evolved and as Council became more involved, some programs would undoubtedly result from the policy. MOTION: Council Member Wheeler moved, and it was duly seconded, to direct staff to add Policy H-11A in the Housing Element on White
Page H-11, under Goal H-3 as follows: ΑProvide for increased use and support of tenant/landlord educational and mediation
opportunities.≅ MOTION PASSED 8-0, Kniss absent.
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Vice Mayor Andersen asked whether the statistics on Green Page H-3 would be updated for 1997. Assistant Planning Official James Gilliland said the Green Page H-3 had been updated from 1995 to 1996. The 1997 figures were not available to staff. MOTION: Mayor Huber moved, and it was duly seconded, to approve in concept that the Housing Element, Green Page H-3 include the parking requirements consistent with the revision to the Land Use and Community Design Element. MOTION PASSED 8-0, Kniss absent. Council Member Rosenbaum preferred the original version of Program H-4, "Evaluate the provisions for second dwelling units in single family areas to provide additional flexibility, including reduced parking requirements," on White Page H-7, rather than the Planning Commission's version, "Evaluate the provisions for second dwelling units in single family areas with the intent to increase unit production by providing additional flexibility, including reduced parking requirements." The issue was one of the more controversial areas of the Comprehensive Plan, and he was more comfortable with the original wording rather than with the intent to increase production, which would result in a lengthy set of public hearings. MOTION: Council Member Rosenbaum moved, seconded by Fazzino, to approve in concept that the Housing Element, Green Page H-7, Program H-4 be replaced with the original wording on White Page H-7
as follows: ΑEvaluate the provisions for second dwelling units in single family areas to provide additional flexibility, including
reduced parking requirements.≅
Vice Mayor Andersen asked whether the Planning Commission=s change, related to the City's zoning allowance which, if continued, would result in less housing supply for the City. Planning Commissioner Phyllis Cassel said the problem was partially an attempt to increase the supply of housing in a discrete way. Many times small units could be added. The question was where to integrate the additional housing into the community. The current ordinance was not being used effectively. Vice Mayor Andersen said the only way the City could increase unit production was through intensifying the land use, which he saw as an assumption already built into the document. To make the
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Comprehensive Plan more specific was important, therefore, he supported the Planning Commission's recommendation for Program H-4. Planning Commissioner Kathy Schmidt thought the Human Resources Commission (HRC) had suggested the wording to the Planning Commission which had been considered important for inclusion. Council Member McCown agreed with Vice Mayor Andersen. The original wording failed to directly state why the issue should be evaluated. Implicit in evaluating the potential for second dwellings was the desire to find more units. The Planning Commission's language, with the input of the HRC, made the point more explicit, i.e., to provide more units. The policy to provide more second units should be clear. The wording might appear over-promising to the extent of the City's ability to evaluate policies that could, in fact, lead to increased unit production. The whole point of the exercise was to increase unit production. Council Member Rosenbaum agreed that the wording in Program H-4 (Evaluate the provisions for second dwelling units in single family
areas to provide additional flexibility, including reduced parking requirements.)might be unclear. However, the descriptive text (Second unit cottages can provide additional rental housing that is both desirable and unobtrusive. The current cottage regulations should be evaluated to determine how additional units might be provided. In addition to reduced parking, the City might consider further limited the maximum size of the unit, allowing for attached units, and reducing the minimum lot size requirement. Appropriate development controls and review procedures should ensure compatibility with adjacent properties.) made it clear that the intent was to determine whether there were ways in which the City could provide more second units in R-1 neighborhoods. The Planning Commission's wording stated that it was a goal of the City, which would not necessarily sit well with R-1 neighborhoods. Council Member McCown said the descriptive text in Program H-4 clarified the program would encourage provision of additional units. The program statement could read "Evaluate the provisions for second dwelling units to determine how additional units might be provided" for a crisper statement. Council Member Rosenbaum suggested the phrase "Evaluate the provisions for second dwelling units in single family areas to determine how additional units might be provided, including reduced parking requirements." Council Member McCown said the program statement itself needed to be clear.
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MOTION RESTATED: Council Member Rosenbaum moved, seconded by Fazzino, to approve in concept that the Housing Element, Green Page H-7, Program H-4 be replaced with the original wording on White
Page H-7 with revisions as follows: ΑEvaluate the provisions for second dwelling units in single family areas to provide additional flexibility, determining how additional units might be provided,
including reduced parking requirements.≅ Council Member Fazzino said since "evaluate" was the key verb, it probably would not matter which version was accepted. Council had a major discussion of the issue a few years prior, so a five-minute discussion to change a policy was inadvisable. The softer language was preferred to the Planning Commission language, however, the ultimate objective in evaluating second dwelling units was clearly the desire for increased unit supply. Use of the term "unit supply" was preferred to "unit production." The possibility of increasing units should move ahead. As he had indicated at the last meeting where the issue was discussed, his biggest concern about second units was parking. If the issue of parking could be addressed directly, satisfying the concerns of neighborhoods with respect to parking, noise, and other impacts of second units, he was willing to support the concept of allowing the existence of second units. Council Member Schneider said when the issue had been discussed two years prior, the Council had taken a "don't ask, don't tell" stance, which was no policy. She queried the future of existing units which had been part of the "don't ask, don't tell" policy, i.e., whether such units would be legitimized in the process. City Attorney Ariel Calonne said second units could not be legalized through the Comprehensive Plan, but it was not uncommon to have second unit amnesty programs when policies changed. The change in the Comprehensive Plan would not alter the status of second units, but would be a decision Council would have to make in the future. Ms. Schmidt said the first version of the Comprehensive Plan had contained a policy or program suggesting amnesty for second units which Council had deleted. Council Member Eakins said the issue would not subside. She was confused whether an evaluation would actually happen with a program, that was written more like a policy. The wording could be changed from "evaluate" to "support the idea of looking at..." She asked whether Program H-4 meant a review could, should, or would happen.
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Mr. Schreiber said Program H-4 meant a review should happen and would be scheduled sometime during the life of the Comprehensive Plan, as part of the implementation plan. Council Member Eakins clarified there would be an implementation. Mr. Schreiber replied yes. Staff intended to return with a document providing implementation suggestions for all of the programs which would result in interesting Council discussions. At that time, priorities and timing would be discussed. Council Member Eakins thought the language would be sufficient to cause the City to examine the issue. A controversy which would not fade would be examined along with the issues outlined to provide the community full opportunity for discussion. Some of the second dwelling units could be turned into home offices. Many people in the South were converting second units, called "dependencies," into home offices" which could keep cars off the road. Council Member McCown suggested wording changes on White Page H-7, Program H-4, "Evaluate the provisions for second dwelling units in single family areas to determine how additional units might be provided." The text would be as it appeared in the White pages with the addition of "This would consider evaluating additional flexibility, including reduced parking requirements." MOTION RESTATED: Council Member Rosenbaum moved, seconded by Fazzino, to approve in concept that the Housing Element, Green Page H-7, Program H-4 be replaced with the original wording on White
Page H-7 with revisions as follows: ΑEvaluate the provisions for second dwelling units in single family areas to provide additional flexibility, determine how additional units might be provided,
including reduced parking requirements.≅ Further, that staff be directed to add to the text following the program the intent to
Αprovide additional flexibility, including reduced parking
requirements.≅ MOTION PASSED 8-0, Kniss absent.
Council Member Wheeler said Program H-1 on White Page H-6, ΑAllow for increased housing density immediately surrounding commercial
areas and particularly near transit centers,≅ paralleled a program which was discussed in the Transportation Element. A question was raised at the time by Council Member Rosenbaum as to whether any empirical evidence existed proving that people who lived in such housing were any more likely to avail themselves of the transit opportunities which existed nearby. She had attended the
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Association of Bay Area Governments (ABAG) Regional Planning Committee meeting where the same subject was discussed. When she had posed the same question at the meeting, she received E-Mail and a fax from both the speaker and the representative from the Sierra Club indicating several studies had been conducted at University of California (UC) Berkeley, which indicated just that. If Council were interested in pursuing the issue, staff might be able to obtain some of the materials. The Planning Commission's minutes contained a fascinating discussion on the issue as it had gone through the program. Mr. Schreiber explained that the Housing Element was a summary of the Housing Technical Element contained in the appendices of the Comprehensive Plan. The Housing Technical Element document was the official Housing Element submitted to the State of California for approval. Council Member Fazzino asked about Program N-15 on Green Page N-9 which had removed the objective "one tree per resident planted by the year 2010," and included "the annual tree planting goals recommended by the Tree Task Force and adopted by the City Council," which he assumed was intended to provide Council and the City with flexibility with respect to urban forest goals as opposed to a strict formula. Ms. Schmidt said the Tree Task Force had analyzed the issue more extensively than the Planning Commission, so the recommendations were useful and would provide flexibility. Council Member Fazzino asked about inclusion of Program N-12A on Green Page N-9, "Establish a program or ordinance to offset trees lost by development or when it is impractical to install required trees onsite." Mr. Schreiber said the City's currently unwritten policy through the Design Review Process required that trees be replaced if lost as part of development. It could be a 2:1 ratio or a 3:1 ratio, depending upon the number, size, and location of the trees. Program N-12A in the staff report (CMR:467:97) suggested a rewording of the program since staff already required replacement. However, there was no basis for requiring that trees be planted offsite if no location onsite was suitable for the trees. The suggested rewording would continue to require replacement of trees, including street trees, which were lost to new development and establishment of a program to have replacement trees planted offsite when impractical to locate onsite. The program merely continued existing efforts while expanding to offsite locations when necessary.
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Council Member Eakins asked about White Page N-7, Program N-7, "Participate in a Coordinated Resources Management and Planning (CRMP) process with adjacent cities," and Program N-9, "Develop a comprehensive riparian corridor restoration and enhancement program that identifies specific stretches of corridor to be restored, standards to be achieved, and sources of funding. Include provisions for tree planting to enhance natural habitat." The Comprehensive Plan Advisory Committee (CPAC) had discussed the issue of creeks and had determined the City was enthusiastic about restoring more creeks wherever possible over time, especially in parks where the loss of private property would not be such an issue, other than San Francisquito Creek. In particular, CPAC had examined Barron Creek in the Cal/Ventura park area and Adobe Creek in Mitchell Park where concrete could be removed and natural habitat restored as possibilities. She disagreed with staff's recommendation in the staff report (CMR:467:97). Council Member Rosenbaum thought the staff wording described what Council Member Eakins had explained, which stated "work with the District to develop a segment of natural creek a comprehensive riparian..." Council Member Eakins said the wording stated "one" creek segment, which was limiting. Flexibility should remain. Council Member Rosenbaum clarified Council Member Eakins wanted the reference to be pluralized rather than singular. Council Member Eakins replied yes. Although working with the Santa Clara Valley Water District (the District) should be encouraged, Palo Alto might need to take a leadership position. Council Member Rosenbaum said the property belonged to the District. Vice Mayor Andersen asked whether Council Member Eakins' priority was for a natural creek. Council Member Eakins wanted creeks naturalized. Vice Mayor Andersen asked whether Council Member Eakins wanted concrete slabs removed, and let the creek revert back to its natural state. Council Member Eakins replied yes. CPAC had seen such a vision, especially in parks. Residents who lived near creeks which might flood if the cement were removed would object, but creeks in parks would not run such a risk.
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Council Member Rosenbaum asked whether the removal of the words "a segment of natural creek" from the staff report (CMR:467:97) would be sufficient, along with "work with the Santa Clara Valley Water District to develop a comprehensive riparian corridor restoration and enhancement program that identifies specific stretches of corridor to be restored..." MOTION: Council Member Rosenbaum moved, seconded by Eakins, to approve in concept that the Natural Environment Element, White Page
N-7, Program N-9 be revised as follows: ΑWork with the Santa Clara Valley Water District to Ddevelop a comprehensive riparian corridor restoration and enhancement program that identifies specific stretches of corridor to be restored, standards to be achieved, and sources of funding. Include provisions for tree planting to
enhance natural habitat.≅ Mr. Schreiber said staff's concern was that the words "develop a comprehensive riparian corridor restoration and enhancement program" addressed all creeks and would be a massive undertaking. City staff wanted to focus on one segment so the effort could be tried. If successful, the effort could be expanded, but would not start as openended for all creeks. It could be modified to read "for segments of natural creek," which would convey a sense of an initial effort or trial program to determine whether the attempt was economically and procedurally feasible with the District. Mayor Huber said Palo Alto could make the effort as comprehensive as it wanted and the District would still do whatever it wanted to do. During meetings about El Nino, people would have been in an uproar if anyone had suggested returning the creeks to their
natural state because of residents= fear of flooding along creeks. The language was workable and worth the effort; however, it could prove interesting for people living along the creeks. Mr. Schreiber said Mayor Huber's observation reflected staff's concern and was the reason for the wording "natural creek." A separate trial program would examine an effort to restore a portion of the channel in Hoover Park back to a natural creek. For a variety of reasons including a number which the Council had touched on, he would be less sanguine about any possibility of success The intent of Program N-7 was to examine areas where the creeks were essentially already natural, had been modified to some extent, or encroached upon, to determine whether any restoration effort were possible. A variety of Palo Alto creeks fell into that category. To examine all of the City's creeks would be a rather massive undertaking.
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Mayor Huber asked whether any of the programs or policies in the Comprehensive Plan addressed concrete removal as opposed to an effort to protect existing natural creeks. Mr. Schreiber said the only program which spoke to removal of concrete was the program related to Hoover Park in the Midtown area. MOTION: Council Member Fazzino moved, and it was duly seconded, to direct staff to add Program N-56A in the Natural Environment Element, Green Page N-23B, following Policy N-35 as follows:
ΑEvaluate changes to the Noise Ordinance which reduce the impact of
leaf blower noise.≅ MOTION PASSED 8-0, Kniss absent. Council Member Wheeler asked about Green Page N-4, Policy N-4, to "Preserve Stanford's lower foothill property as an open space link between the urban area and the foothills," which was preferred rather than the original language on White Page N-4. The vision was weak. However, the outright statement to "preserve Stanford's lower foothill property" was not a unilateral action Council could take, although she preferred the language if possible. Mr. Calonne said Policy N-4 was difficult to call in advance. If foothill property were in Palo Alto and if Stanford sought a subdivision or other entitlement which required consistency with the Comprehensive Plan, the language would not find consistency. The application of the section could raise Constitutional issues. Whether Council wanted to try to include Constitutionally softened qualifying language in the Comprehensive Plan or not was a policy decision. If so, something would be suggested which would look like a lawyer wrote it but preserved it to the extent legally feasible or something similar. It was difficult to get more specific without totally undercutting the policy sentiment, which would be unfair given the fact that faces on the courts might change and different law might be seen. Either the statement should remain or a qualifier should be included about legal feasibility in the event an application could be seen which would compel denial. Council Member Wheeler said she had mixed feelings and a discussion of the issue was desirable. Mr. Calonne said rather than using "legally feasible," language which described the desire to make an effort could be included, such as, "striving" or "hopeful." 11/10/97 85-137
Council Member Wheeler said "strive to preserve" was the language she would have substituted, if a substitution was required. Mr. Schreiber said at least one parcel would fall under the policy: A former powers lab site of 77 acres on Arastradero Road was owned by Stanford. The non-functioning PC zone could not be used for anything under current zoning and would require a zone change for anything to be done with the land including residential use subdivision. Council Member McCown had been unclear whether the policy predominantly addressed lands within the City as opposed to County lands. The City had authority over lands within its own city limits and would have the authority to do whatever was consistent with legal counsel's advice in terms of measures which could be taken to preserve or protect. Policy N-4 was more significant as it related to the City's position. The original policy language,
which was phrased in terms of Αrecognizing the importance of,≅ referenced County lands where Palo Alto had no legal authority. Rather than recognizing the importance, the language could speak to the City's continued advocacy to the County of the need to maintain the open space qualities of the lands, which was the more significant ongoing policy position of the City. MOTION: Council Member McCown moved, seconded by Wheeler, to approve in concept that Natural Environment Element, Green Page N-
4, Policy N-4 be revised as follows: ΑRecognize the importance of
Preserve Stanford=s lower foothill property predominantly within the City, and act as an advocate to Santa Clara County for the preservation of the open space link between the urban area and the
foothills.≅ Mr. Calonne said Policies N-4 and N-3 were similar and balanced one another. The glossary definition of "open space" failed to comport with what Council had done in the Land Use section with the earlier Planning Commission recommendations. Clearly, the City's foothill area was not entirely open space, with substantial areas of open space controlled development and contained more than what the glossary referred to as having more development than "unimproved." Concern was expressed that the non-technical use of the term "open space" required a qualifier between "as" and "open space" as useful. The glossary definition was fairly technical and would not encompass the residential uses currently allowed. MOTION PASSED 8-0, Kniss absent.
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Council Member Rosenbaum asked staff to check the figures in the statement on Green Page N-10, "In 1996, the City used an average of approximately 23 million gallons per day," which appeared over-stated. Related to White Page N-15, Program N-31, "Complete improvements to the storm drainage system consistent with the priorities outlined in the City's 1993 Storm Drainage Master Plan," staff had mentioned in the staff report (CMR:467:97) on page 3, "Due to concerns raised by the UAC and the Finance Committee in preliminary review of the Master Plan and the uncertainty of funds, staff recommends the following modified program." The modification had been for the City to prepare the Storm Drainage Master Plan, provided an appropriate funding mechanism was identified. That statement failed to capture what the Finance Committee had done. The Master Plan had been divided the projects into three tiers: A) repair broken items; B) improve areas which were clearly substandard; and C) everything else. No policy decision had been made concerning the third which represented $42 million of the $60 million. The suggested wording in Program N-31 indicated that, aside from the concern about where the money would come from, it would be done. The concern actually had been whether $42 million should be spent for that purpose. Director of Public Works Glenn Roberts said Council Member Rosenbaum's recollection was accurate in terms of the actions. The item had returned to the Council, and staff had been considering the action during the Comprehensive Plan review. Staff considered
the language in Program N-31 to be consistent with the Council=s direction that staff work with the community to determine whether there was community interest in spending that amount of money to pay for the improvements, which had been put on hold because of the Proposition 218 requirements for new fees or assessments. Staff intended to ensure Program N-31 was consistent with prior Council direction. Council Member Rosenbaum thought the Council had not decided that financing was not the only reason to pursue the action, but was a matter of deciding whether the issue was 5-year to 10-year storm prevention of ponding, etc. Staff was asked to come up with additional wording which indicated it was still a policy decision with regard to increasing the capacity of the system, making it clear that the City planned to repair broken parts and improve the clearly substandard parts. He asked whether the text described in Policy N-21 were considered the substandard areas for drainage. Mr. Roberts replied yes. Ms. Fleming agreed with Council Member Rosenbaum. However, since the passage of Proposition 218, both issues had to be examined and
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modified with the additions Council Member Rosenbaum brought forward. Council Member Rosenbaum agreed. The subject had been put on the back burner to some degree because of Proposition 218. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White
Page N-15, Program N-31 be revised as follows: ΑComplete improvements to the storm drainage system consistent with the
priorities outlined in the City=s 1993 Storm Drainage Master Plan provided an appropriate funding mechanism is identified and
approved by the City Council.≅ Further, that additional text
language be included to reflect that Αthere are still policy decisions to be made regarding increasing the capacity of the system and that the City is prepared to repair and improve the
system as necessary.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, Green
Page N-25, Policy N-38 be revised as follows: ΑContinually evaluate and revise forecasts for electric power demand. Pursue adequate low cost supplies to meet this demand by participating in cost-effective programs offered by the Northern California Power Agency (NCPA) and exploring or other supply and transmission sources that are consistent with City policies suppliers and marketers of
energy.≅ MOTION PASSED 8-0, Kniss absent. Council Member Rosenbaum said the City Attorney had suggested Council examine Policy N-33A on Green Page N-23, "Encourage the location of land uses in areas with compatible noise environments. Use the guidelines described in the table 'Land Use Compatibility for Community Noise Environment' to determine compatibility." Confusion was expressed over whether the change had formerly been included in the City's Comprehensive Plan. Discussion of the noise element should be deferred in order to obtain more information from staff regarding the concerns he had expressed. The Planning Commission minutes on the subject would be helpful. Council Member McCown agreed with Council Member Rosenbaum. A subsequent meeting would be beneficial to allow time for reading the Planning Commission's minutes. She asked about the
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significance of the list on Green Page N-4 under Policy N-2A, "Protect sensitive plant species resources from the impacts of development" and the "twenty four species of rare, threatened, or endangered plants have the potential to occur in the Palo Alto Planning Area," and whether any particular development area actually possessed one of the plants, as opposed to the potential of existence for which the City's policy would pursue mitigation measures to protect the species. Such level of detail was new for the Comprehensive Plan. Ms. Cassel was unfamiliar with the Planning Commission minutes concerning the item. Mr. Calonne said listing the plants would probably make no difference if the plants were already listed as endangered. He assumed there had not been an effort to create a Palo Alto version of the list. If Council wanted more assurance, the consultants could provide information to staff and return to Council. The list was a convenient reference, since it would save the City in consulting fees on the next Environmental Impact Report (EIR). Including such a list was a positive thing to do, but he would want to make sure the list had not expanded the existing Federal listing. Mr. Schreiber thought the list had been the result of the EIR. Senior Planner Brian Dolan had worked on the EIR. The list had been added at the request of a member of the Planning Commission for information only purposes. The list was available in the EIR and provided as a backup for information on the breadth of the species which could be found in the City's Planning Area. Mr. Calonne said the troubling aspect of the text was the phrase "potential location," which might suggest as an objective the protection of locations where such plants currently would not exist and went beyond, in some instances, Federal law. Council Member McCown said having the Comprehensive Plan say the grassland and chaparral habitats in the foothills had the potential to grow species of plants which had to be protected might create some ambiguity as to what it meant. Mr. Calonne said staff would return with an explanation for Council at another time. Council Member Wheeler clarified the staff report (CMR:467:97) indicated the City would not include Program N-5A on Green Page N-4A, "Revise the regulations in the Open Space zone district and/or
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the Site and Design Review combining district to provide standards for determining maximum allowable density based on a minimum parcel size range of 20-160 acres depending on slope and other visual and ecological factors." Although not objecting to the program on the same page, Program N-5D, "As part of the design review process for proposed development in the Open Space zone district that exceeds 6500 square feet, require that 'story poles' be erected with outlining tape depicting the building's location, bulk and height to aid in assessing the potential visual impacts of the proposed project," she was unsure it was a Comprehensive Plan program. Mr. Schreiber said staff had recommended consistency with an earlier Council discussion that Programs N-5A, N-5B, "Consider revisions to the Open Space zone district regulations that would further limit the amount of impervious surface and the intensity of development allowed," and N-5C, "Consider revising the Open Space zone district regulations to establish a maximum allowable house size," be deleted because each one was related to the modified Open Space District. The question then became whether Program N-5D, which related to a specific visual technique, could be used during the site and design process. The answer was "no," since the program was not necessary in the Comprehensive Plan to do so. Such a program was helpful when applicants were reluctant to do so or, because it tended to be forgotten in the processing, and it could become a reminder to do so. Mr. Calonne said from a legal perspective, he was not fond of such level of detail in the Comprehensive Plan because of a possible reliance on it instead of zoning, he preferred such wording in the Comprehensive Plan because it came in handy when needed. Council Member Wheeler thought Program N-5D should, therefore, remain in the Comprehensive Plan. Ms. Schmidt thought several ideas in the programs came from recently adopted County recommendations. Programs N-5B and N-5C were independent of Program N-5A. Council was asked to consider leaving the programs in the Comprehensive Plan. Council Member Wheeler asked whether the City had any concerns about Green Page N-12, Program N-19, "Regularly review the water rate structure to ensure that it encourages efficiency and is competitive," with respect to Proposition 218. Mr. Calonne replied yes. The Attorney General had given an opinion which supported programs like N-19 but was not negative to leave in the Comprehensive Plan. The program might become constrained by over-interpretation of Proposition 218.
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Council Member Wheeler asked why the Planning Commission had removed Program N-39, on Green Page N-18, "Adopt standard conditions of approval for new projects to reduce construction-related dust generation." Ms. Schmidt said Program N-39 had been deleted because it was a standard condition according to staff in the minutes. Council Member Wheeler had no quarrel with Policy N-43, on White Page N-27, "Implement public safety improvements, such as access roads and other infrastructure, in a manner that is sensitive to the environment," which had probably been included because the City had not shown a great deal of sensitivity in the past, and would benefit by additional explanatory text, i.e., how the City had come to the point of inserting the policy and how it would work. MOTION: Council Member Wheeler moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White Page N-27, Policy N-43 be revised to add explanatory text language under the policy. MOTION PASSED 8-0, Kniss absent. Council Member Wheeler asked about the last sentence on White Page N-29, under Policy N-45, "Additional areas along Matadero and Barron Creeks will be removed following completion of the bypass culvert project around the Barron Park neighborhood." The City was at a different stage of the project so the language was old and seemed no longer to be the case with regard to the creeks. Council Member Rosenbaum thought from the standpoint of the District, the wording was probably correct. The District had not finished the projects. As soon as the projects were completed, the flood districts would be modified. Council Member Wheeler said many citizens who lived along the creeks and paid excessive insurance premiums would be concerned about flood hazards. She queried a City policy which would commit the City to actively work with the Flood Control District or other agencies to make necessary improvements to remove most properties from the Federal Emergency Management Agency (FEMA) maps to the extent the City protected the valuable creek and Bayland environments. Mr. Roberts said the difficulty was the competing public policy interests which would be difficult to reconcile into one short statement of policy language.
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Council Member Wheeler clarified the two could not be balanced. Mr. Roberts said given current mandated regulations, he was unable to strike a balance. Council Member Wheeler asked whether, based on Green Page N-30, Program N-72A, "Minimize fire hazards by implementing low density zoning in wildland fire hazard areas," it was clear the City's current OS zone fit. Mr. Schreiber replied yes. Considerable documentation existed from the 1970s that related to the OS district and the particular issue. Mayor Huber said a comparison of the top of White Page N-3 and Page C-3 revealed an increase in acreage, which was inconsistent and should be corrected. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept the original wording of the Natural Environment Element, White Page N-12, Program N-22 as follows:
ΑImplement incentives for the use of drought-tolerant landscaping
and recycled water for landscape irrigation.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Wheeler moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White Page
N-31, Program N-75 be revised as follows: ΑInitiate public education programs that ensure strongly encourage that each household in the City is prepared to be self-sufficient for 72
hours after a major earthquake. Update and distribute the City=s
earthquake preparedness guide, >Living with Our Faults.=≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White
Page N-3, Program N-2 be revised as follows: ΑExamine and improve management practices for natural habitat and open space areas, including the provision of access to open space for City Fire, Parks, Public Works, and Utilities Department vehicles and
equipment, to ensure that natural resources are protected.≅ MOTION PASSED 8-0, Kniss absent.
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MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, Green Page N-4A, Programs N-5A, N-5B, and N-5C be deleted as follows:
ΑProgram N-5A: Revise the regulations in the Open Space zone district and/or the Site and Design Review combining district to provide standards for determining maximum allowable density based on a minimum parcel size range of 20-160 acres depending on slope and other visual and
ecological factors.≅
ΑProgram N-5B: Consider revisions to the Open Space zone district regulations that would further limit the amount of impervious surface and the intensity of development
allowed.≅
ΑProgram N-5C: Consider revising the Open Space zone district regulations to establish a maximum allowable
house size.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White
Page N-7, Program N-7 be revised as follows: ΑParticipate in a San Francisquito Creek Coordinated Resource Management and Planning
(CRMP) process with adjacent cities.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White
Page N-9, Program N-12 be revised as follows: ΑContinue Re-
establish celebration of Arbor Day in Palo Alto.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, Green
Page N-9, Program N-12A be revised as follows: ΑEstablish a program or ordinance to offset trees lost by development or when it is impractical to install required trees onsite. Continue to require replacement of trees, including street trees, lost to new development and establish a program to have replacement trees
planted offsite when it is impractical to locate them onsite.≅
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MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White
Page N-9, Program N-13 be revised as follows: ΑDevelop and implement an enforceable plan for maintenance, irrigation, and replacement of trees in parks, parking lots, and City rights-of-
way.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White
Page N-17, Program N-36 be revised as follows: ΑSupport legislative programs that result in the removal of the oldest and dirtiest
vehicles on the roadway.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White
Page N-19, Program N-43 be revised as follows: ΑContinue sponsoring
a monthly regular household hazardous waste collection event.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White
Pages N-21 and N-22, Programs N-48 be revised as follows: ΑContinue to develop cost-effective source separation programs for recyclable solid waste materials for all waste generators residential and
commercial customers.≅ Further, that Program N-50 be moved to follow Program N-48 with the addition of new text under Program N-
50 as follows: ΑIn the future, it may become more effective to rely on centralized solid waste separation and recycling rather than having each solid waste generator carry out a separation program. The city will continue to seek the most effective combination of
source and centralized separation programs.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White
Page N-22, Program N-49 be revised as follows: ΑMaintain and expand
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the use of the a Rrecycling Ccenter at the City=s refuse disposal
area.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, Green
Page N-25, Program N-58A be revised as follows: ΑEncourage establishment continuation of public education programs addressing
energy conservation and efficiency.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, Green
Page N-28, Program N-67 be revised as follows: ΑContract with Require preparation of a report from an engineering geologist to reviewing geologic, soils, and engineering reports for development in hazard areas. Establish appropriate fees to cover the cost of
this review.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White
Page N-29, Program N-68 be revised as follows: ΑRetain a qualified geotechnical engineer to Review and update as appropriate City code requirements for excavation, grading, and filling so to ensure that they conform to currently accepted standards. Recover the cost of
this work through grading permit fees.≅ MOTION PASSED 8-0, Kniss absent. MOTION: Council Member Rosenbaum moved, and it was duly seconded, to approve in concept that the Natural Environment Element, White
Page N-29, Program N-69 be revised as follows: ΑEstablish a standardized process for evaluating the impacts of development on the storm drainage system. Require mitigation for increases of
storm runoff into this system.≅ MOTION PASSED 8-0, Kniss absent. MOTION TO ADJOURN: Mayor Huber moved, seconded by Andersen, to adjourn the item to Tuesday, November 18, 1997, at 7:00 p.m.
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MOTION TO ADJOURN PASSED 8-0, Kniss absent. Herb Borock, 2731 Byron Street, spoke concerning a newspaper article regarding an offer on the property at 360 Sheridan Avenue. ADJOURNMENT: The meeting adjourned to Closed Session at 9:20 p.m. The City Council met in a Closed Session to discuss matters involving property negotiation and litigation as described in Agenda Item Nos. 5 and 6. Mayor Huber announced that no reportable action was taken on Agenda Item Nos. 5 and 6. Council Member Eakins congratulated the City Clerk and thanked staff from various City departments and all the volunteers on a successful elections process. FINAL ADJOURNMENT: The meeting adjourned at 10:20 p.m. ATTEST: APPROVED:
City Clerk Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing Committee meeting tapes are made solely for the purpose of facilitating the preparation of the minutes of the meetings. City Council and Standing Committee meeting tapes are recycled 90 days from the date of the meeting. The tapes are available for members of the public to listen to during regular office hours.
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