HomeMy WebLinkAbout1998-02-09 City Council Summary Minutes Regular Meeting February 9, 1998 1A. Request from Mayor Rosenbaum that the City Manager Report on
the City of Palo Alto=s Response to the El Niño Storm ..86-46 1. Appointment to Mid-Peninsula Access Corporation (MPAC) Board of Directors...........................................86-55 ORAL COMMUNICATIONS.........................................86-55 2. Contract between the City of Palo Alto and Utility Constructors for Overhead Construction Services .......86-57
3. Resolution 7743 entitled ΑResolution of the Council of the City of Palo Alto of the Council of the City of Palo Alto Confirming Existence of a Local Emergency Proclaimed by
Director of Emergency Services≅ ........................86-57 AGENDA CHANGES, ADDITIONS, AND DELETIONS....................86-57 4. Conference with City Attorney--Potential Initiation of Litigation.............................................86-57 4A. Conference with City Attorney-Potential/Anticipated Litigation 86-57 5. PUBLIC HEARING: The Palo Alto City Council will consider a Tentative Map application for Los Trancos Road Subdivision (Lands of Arrillaga, AP# 182-46-010) to subdivide 151+ acres into 8-lot, single-family residential lots and one private open space/common area parcel of 81+ acres in size.....86-58 6. Resolution of the Council of the City of Palo Alto Scheduling the City Council Vacation for Calendar Year 1998.......86-63 7. Council Comments, Questions, and Announcements.........86-63 ADJOURNMENT: The meeting adjourned to Closed Session at 9:40 p.m. 86-63 FINAL ADJOURNMENT: The meeting adjourned at 10:00 p.m.......86-64
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:06 p.m. PRESENT: Eakins, Fazzino (arrived at 7:13 p.m.), Huber, Kniss (arrived at 7:12 p.m.), Mossar, Ojakian, Rosenbaum, Schneider, Wheeler (arrived at 7:11 p.m.) SPECIAL ORDERS OF THE DAY 1A. Request from Mayor Rosenbaum that the City Manager Report on
the City of Palo Alto=s Response to the El Niño Storm Mayor Rosenbaum commented that by the end of the day on Monday, February 2, 1998, four inches of rain had fallen in Palo Alto and in the watershed. San Francisquito Creek overflowed in several places on Tuesday morning from Middlefield Road to East Palo Alto. The water flowed downhill from the creek to Greer Park. An estimated 400 homes suffered flood damage. He commended the
staff=s performance. City Manager June Fleming and Fire Chief Ruben Grijalva were up all night supervising the response. Chief Grijalva attended briefing sessions held twice a day during the previous week and expressed his appreciation on behalf of the Council and residents for the outstanding performance by City staff. City Manager June Fleming said it seemed impossible when looking back that it had only been a week since she was notified during the Council meeting that Palo Alto was experiencing the heaviest rains in years. Local accumulations of water in certain areas of the City concerned staff during its regular patrols. The Fire Chief,
who officially served as the City=s emergency officer, summoned her from the meeting; and within 10 minutes, the Emergency Operations Center (EOC) was fully activated with a staff of approximately 30 persons representing 10 City departments. The losses suffered were difficult to accept and hard to imagine. Communications among departments and field crews were set up immediately, operational issues were dealt with, and Red Cross ham radio operators reported
to the EOC. One of the first things to be done under the City=s emergency procedures was to establish a primary mission. Under the direction of the emergency officer, the mission was agreed upon and became the focal point of operations. The rains continued to fall heavily, the creeks were rising, storm drains were filling to capacity, and the tide was rising. Under her authority as City Manager, she declared the City to be in a state of emergency. The City of Palo Alto and its residents experienced the worst flooding conditions than had existed in the past 50 years. Although a statistical view would not depict the exact catastrophe, preliminary data showed approximately 400 homes were structurally damaged, 36 streets were closed, public schools were closed for a
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day, and 250 residents registered in shelters operated by the City. Cubberley gym was converted to a community shelter thanks to the immediate assistance of the Red Cross and City staff. Critical staff, such as fire, police, and public works, were all put on 12-hour, around-the-clock shifts. The Utilities Department was on standby status around the clock. Property damage was estimated at $6 million which represented structural damage, not contents. The City survived a disaster which took a heavy toll and strained all existing resources. City staff continued to work around the clock for the entire week, giving assistance to victims of the flood as they left their own homes and families unattended. Resources and energies were pushed to the limit. The impact of the storm was tremendous; however, no lives were lost, no one was seriously injured, there was no sustained loss of utilities, and no major accidents occurred. She and staff were certain that members of the community understood that the City acted quickly and as expeditiously as resources allowed. Under the existing conditions, staff had done the very best it could. She supported the decisions that were made and the manner in which they were carried out. When fire personnel were going down streets in an effort to warn residents, people were encountered who were in imminent danger and needed evacuation. The primary mission was to save lives. Stopping to give aid resulted in delays in warning other residents. While the damage was high, the cooperation and pride in the community remained intact. She wished she could name all who had expressed thanks, sent flowers, fed the staff, poured coffee, made a telephone call, or volunteered at shelters. Shelter residents could have easily doubled in numbers, but neighbors took in neighbors and families bunked with friends. Any emergency plan could never respond to every need. The bottom line became the type of community that existed. The volunteer help that neighbors gave to neighbors was the keystone of any plan. She expressed thanks to all who helped to sustain the staff during the past week. The most recent rains had subsided, and the City was in a recovery stage. The City had provided sand, sandbags, fire personnel to pump out basements, dumpsters in heavily impacted areas, crews to pick up debris, landfill fees were suspended, and building inspectors were doing inspections where requested. Communications were aided with the use of the Internet and the Government Channel 16 Cable T.V. scroll. The Mayor and members of staff did a live broadcast on Cable T.V., and regular press releases were issued. School buses were used to evacuate people and bring them to shelters. The Animal Shelter provided the necessities to care for pets for those in the shelter. The next day serious debriefing would begin. Staff and senior management had taken team building courses in order to work as a unit. She believed if that commitment had not existed, staff would not have been as successful in responding to the emergency. She asked the community to remain alert. Staff would continue to monitor creeks, watch weather forecasts, and stay alert. Residents needed to keep radios and televisions on and
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watch Cable T.V. She acknowledged the work of hundreds of staff members.
Council Member Fazzino echoed Ms. Fleming=s comments regarding the outstanding service of the City staff. He believed staff had done a superlative job when it came to rescue and cleanup. He asked whether the City Manager intended to return to the Council with a report with recommendations and/or suggestions with respect to the broader issue of flood control. There were a number of initiatives currently in place with the Flood Control District as well as with other agencies with respect to San Francisquito Creek. A number of issues had come up during the course of the week regarding that general area. Ms. Fleming said in general, flood control issues would be addressed in various forms such as Federal Emergency Management Agency (FEMA) maps. Director of Public Works Glenn Roberts said the Council might want to focus on two activities. First, the issue of the draft revised FEMA flood maps for the San Francisquito Creek area should be pursued. FEMA notice on the revised maps would be published sometime that month, starting a 90-day appeal period. In
accordance with the Council=s previous direction, staff intended to schedule a neighborhood community meeting during March and return to the Council with a proposed recommendation on the appeal to FEMA. Second, a draft report was released regarding the ongoing work being done through the CRIMP process to study San Francisquito Creek which discussed alternatives for the potential future improvement of San Francisquito Creek. A discussion of the draft report would provide a timely and focussed discussion for the creek issues and alternatives. Council Member Fazzino clarified the draft report would be placed on an upcoming Council agenda. He sensed there was interest in the community to discuss the issue. Ms. Fleming noted that the capability of preparing mapping through
the City=s Geographic Information System (GIS) enabled staff to respond better during the emergency than previously. The GIS showed where the flood was, dumpster locations, shelter locations, storm drain blockages, etc. Council Member Fazzino believed the City had done everything possible to address the emergency as quickly as possible. The question was whether it was possible to have done anything more with respect to reaching the public on the evening of February 2. Fire Chief Ruben Grijalva said the question was a difficult one. A critique would begin the next day. More information from
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significant staff would be gathered which included all the EOC staff, all emergency response personnel, the Senior Management Group (SMG), Public Works staff, the Public Information Officer, the City Attorney, Building Division staff, and the Red Cross. The process would be analyzed with the primary purpose of quality improvement. He summarized the events of February 2, 1998. Emergency Services personnel including police and fire were fully engaged in responding to life safety incidents throughout much of the evening. Early in the event, staff responded to localized flooding from storm drain backups unrelated to the creek overflowing, multiple gas leaks inside homes, and a person trapped in a vehicle under the Oregon Expressway/Alma Street overpass. Units which were not engaged in rescue activities were sent into their districts to survey conditions and begin evacuations if necessary. Many became engaged in rescue operations in the midst of notifying residents. While the potential creek overflow posed a risk of property damage and surface flooding, units were deployed with the priority of life safety. The creek overflow occurred very rapidly, with little warning or predictability. Major property damage was sustained, but hundreds of residents were evacuated to an established shelter and there was no loss of life nor significant injury. The EOC was activated, a clear mission was established, command and control of all field units was established, coordination of City departments occurred in the EOC as well as with the Santa Clara County Emergency Operations Center (SCC EOC), and a significant number of personnel were called into service. In addition, every mobile unit available was staffed, the water rescue unit was activated, road conditions were surveyed, weather and creek conditions were monitored, sandbags locations were maintained, a shelter was established, coordination with the Palo Alto Unified School District (PAUSD) for school buses for evacuations occurred, briefings were held at the shelters, residents were returned to their homes when it was safe, coordination with the Red Cross occurred, the media was kept informed, and the community was informed via Cable T.V. Channel 16 and the City of Palo Alto Internet Home Page. A decontamination rehab center was established for emergency workers. Much more was taking place during the course of the event, and staff was fully engaged in life safety efforts.
Council Member Kniss echoed Council Member Fazzino=s comments and said she had been in the EOC at various times during the emergency. She asked staff to address questions she heard from the community such as why staff did not know the creek was going to overflow and whether the Santa Clara Valley Water District (SCVWD) should have monitored creeks on a more regular basis, what time did staff actually know a crisis existed, and what was done in the way of an alarm system to alert people. Mr. Roberts said throughout the evening, the creeks were running high long before they spilled and the storm drainage system had
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backed up. There was a significant amount of localized drainage and ponding in the intersections; however, the public perceives that as flooding. He received notice from SCVWD that the creeks were running high and there was a need to monitor San Francisquito Creek. He forwarded that information to the Fire Chief and to the City Manager. Based on that information, City staff monitored the water levels in the creek. Council Member Kniss asked if a time frame could be established for the events as they had occurred. Mr. Roberts said staff was in the process of reconstructing the data and any time frames given that evening would be subject to revision based upon actual transcript of tapes and events. City Attorney Ariel Calonne said the sequence of events would become public information. There was much data and information to be analyzed. No one was in a position at the current time to draw conclusions. Mr. Roberts said the first alert from the SCVWD and the activation of the EOC occurred at approximately 10:15 p.m. Creek monitoring began between 11:00 and 11:30 p.m. and continued throughout the evening. There was a period of time when the creek was rising at approximately one foot per hour. Just before the creek spilled over, preliminary data showed the creek rose 4 feet in 15 minutes. A tremendous surge of water occurred and spilled out into the neighborhood which had not been consistent with the data being monitored and made it almost impossible for any notification to occur. Council Member Kniss said she believed a number of people she spoke with felt the prime problem was at the bridge and suddenly the creek overflowed because that was the only site, but that had not been the case. Mr. Roberts said it should be noted that there were multiple points along the creek, both upstream and downstream, which spilled over. Preliminary data showed the volume of water in the creek far exceeded the capacity of the channel alone with or without the bridge being in place. Mr. Grijalva said he had been notified at home around 9:30 p.m. While in route to City Hall, he contacted the on-duty battalion chief by radio to get a status of emergency responses. He advised dispatch that the EOC would be activated and to notify the Police Chief, the Director of Public Works, the Director of Utilities, and the City Manager. When he arrived at City Hall at 10:15 p.m., he immediately advised the City Manager that the EOC was being activated. At that time, he knew the situation was serious and
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called back a large number of resources to respond to the emergency. Council Member Kniss asked what method was used to alert people to the emergency. Mr. Grijalva said as he arrived in town, units were already engaged in responding to gas incidents. Units were advised to respond into their districts to check conditions. When they went into the neighborhoods, public address (PA) systems were utilized where possible. However, residents were encountered along the way who needed to be rescued, and the units were then engaged in life safety issues. Vice Mayor Schneider had been asked to evacuate and personally thanked those who assisted her. She had heard sirens in the neighborhood and fire trucks going up and down checking on people. In addition to creek overflows and storm drainage backup causing flooding in basements, there was also the issue of the water table which had risen precipitously. Homes which had not experienced flooding on Monday or Tuesday, experienced flooding in basements since that time. She had been asked who people should call regarding pumping and what types of risks might be involved. Mr. Grijalva said people could contact the Building Inspection Division if they had water in their basements or had electrical and gas concerns. The telephone number had been posted on the Internet and the Cable T.V. scroll. The water table needed to settle before more pumping occurred. Council Member Wheeler echoed the comments of her colleagues. She had an opportunity to see and speak to a number of heroes among the citizens. Neighbors had hosted meetings to determine a plan of action because the storms were continuing. The Barron Park Neighborhood Association was out all hours of the day and night checking the creeks and removing debris where they could. The City could take pride in its citizens and those who worked in the community. She had heard that evening that President Clinton declared Santa Clara County a disaster area and, therefore, made the area eligible for FEMA assistance. She asked what type of assistance could be expected. Ms. Fleming said the last information staff received was at 4:30 p.m. and indicated the local representatives and the Governor discussed the situation with the President who committed to signing a declaration, but no actual signing had occurred. As soon as staff knew the President actually signed the declaration, the information would be televised on Cable T.V. and the Internet, along with a phone number for FEMA to get information as to what type of assistance would be available. Chief Grijalva had informed
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her that if FEMA came into the community, the City would be responsible for providing a place. She indicated the City would be ready for the team when it arrived. Council Member Wheeler asked whether any one knew the type of assistance FEMA would provide. Ms. Fleming said typical assistance was in the form of low-interest loans. Fire Captain Mick MacDonald said FEMA usually provided small business loans if businesses had been inundated and personal, low-interest loans for community residents. A damage assessment team would come to see what damage was in the City. There were 8 to 10 various types of assistance available including road repair, hazard mitigations, etc. Council Member Wheeler clarified assistance for individuals was in the nature of low-interest loans for damage which was not covered by insurance. Another observation she had made during the week was that she had not spoken to many angry people. Several people had provided constructive suggestions if the situation reoccurred. She thought it would be appropriate for staff to hear the suggestions during the debriefing process and asked what the appropriate method would be to get the information to staff. Ms. Fleming suggested the information be routed to her office or Chief Grijalva. She intended to stay close to the process and to be personally involved. Council Member Huber extended his thanks to staff and the citizens of the community. He believed it would take some time before the situation could be assessed. The Council had received numerous letters and questions, and he requested they be responded to when a solid report was available with suggestions for what, if anything, could be done in the future to alleviate some of the concerns and/or damage. Ms. Fleming said staff maintained a master list to respond to as quickly as possible. Council Member Ojakian added his thanks and believed staff had done a great job under a good amount of stress. He received questions from citizens as to why the Police Department or Fire Department had not announced over an alert system that people needed to evacuate or that the creek had overflowed and asked staff to comment. More rains were expected, and he asked what people could do to protect themselves in the short term in the event the San Francisquito Creek or other creeks such as Matadero Creek overflowed.
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Mr. Roberts said there was no easy answer because there was no simple, short-term, interim, technical fix for the problem. The nature of the problem stemmed from the topography: the grade of the creek, the creek being higher than the surrounding ground, multiple points of spillage, and the volume of water greater than the size of the channel. Much time and energy was spent trying to find a viable solution to provide interim protection along the creek. The fact was there was no solution. The use of sandbags, temporary shoring, or levees would be overwhelmed by the amount of water and might cause significant potential for shift of risk to other areas. The real solution was to improve the entire channel in a way that would provide an equal level of protection for all the areas, up and downstream, along the channel. It was not clear whether Matadero Creek did or did not spill. He had few suggestions in the short term. Staff needed to continue to be vigilant in monitoring the creeks. Residents in the flood zones needed to continue to undertake protection of their personal property as long as risk existed. Measures that could be taken to keep the water out of basements and crawl spaces were prudent. Technical information was available in the Public Works Engineering Office regarding proper techniques for flood protection. Mr. Grijalva said the EOC was active and staffed at a minimal level, and staff was monitoring the weather and the creeks. All personnel who staffed the EOC were on standby and subject to recall. Information had been provided on disaster preparedness for a number of years. The SCVWD and FEMA had provided information. A
document entitled, ΑLiving with our Faults,≅ dealt with disaster preparedness. Although it addressed earthquakes, many of the things were accurate and applied to floods such as maintaining a radio with batteries, maintaining supplies, and having a family
evacuation plan. On the City=s Internet home page, a link to
FEMA=s page was maintained which contained an index of preparation items. Council Member Eakins asked whether anyone had checked The Farmers Almanac to see what was said about the prior Monday night. She added her thanks to staff for its professionalism. It was unfortunate so many people suffered so much loss, damage, and disruption. She asked whether those who had already started reconstruction and cleanup would have difficulty proving their claims to FEMA. Mr. MacDonald said the key to the recovery process was documentation of everything that had been done and taking pictures of what type of damage occurred. Council Member Eakins said the flood waters looked dirty and asked whether the water was contaminated.
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Mr. MacDonald said if there were questions about contamination, people should call to have the water checked.
Director of Utilities Edward Mrizek said the City=s water was a sealed system. The water was tested at the Water Quality Control Plant on a continuous basis. No leaks occurred in the water system. Some sewer spillage occurred into the streets which was cleaned up immediately. The Regional Water Quality Control Board was notified. Any questions regarding the water supply or sewer should be directed to the Utilities Department Customer Service. Mr. Grijalva said the Santa Clara County Health Department addressed issues related to health and safety. Council Member Mossar extended thanks to staff who organized a consumer forum to help people affected by the flood deal with their insurance companies. The forum would be held on February 18, 1998, at 7:30 p.m., in the Council Chambers. Ms. Fleming received notification from staff that several members of the public came to City Hall to secure permits for repairs related to flood damages. She planned to suspend permit fees beginning the next day. No action required. 1. Appointment to Mid-Peninsula Access Corporation (MPAC) Board of Directors FIRST ROUND OF VOTING VOTING FOR LACEY: Eakins, Fazzino, Huber, Kniss, Mossar, Ojakian, Rosenbaum, Wheeler VOTING FOR SALDICH: Schneider City Clerk Gloria Young announced that Ruth Lacey received eight votes and was appointed on the first ballot. Mayor Rosenbaum congratulated Ms. Lacey on her appointment. He noted that Ann Saldich had outstanding qualifications and encouraged her to apply in the future. ORAL COMMUNICATIONS Mary Carey Schaefer. 742 DeSoto Drive, spoke regarding the flood. Kevin Fisher, 728 Alester Avenue, spoke regarding the flooding and Chaucer Street Bridge.
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Dhrur Khanna, 742 Alester Avenue, spoke regarding the flooding
caused by the ΑBridge.≅ Colin Mick, 2130 Hanover Avenue, spoke regarding Werry Park. Gary P. Nolan, Ph.D., 784 Alester Avenue, spoke regarding the flood. Geri Hadley, 1044 Forest Avenue, spoke regarding the flood.
Venetia Gleason, 2317 Saint Francis Drive, spoke regarding staff=s response to the emergency. Richard Geiger, 714 E. Charleston Road, spoke regarding the flooding. Pat Showalter, CRMP Coordinator, Peninsula Conservation Center Foundation, 2711 Levin Court, spoke regarding the flooding. Lynn Chiapella, 631 Colorado, spoke regarding open space/creek issues. Linda Elkind, Portola Valley, spoke regarding flooding on Los Trancos. Margaret Ash, 164 Hamilton Avenue, spoke regarding UMPA Drop-in Center. Edmund Power, 2254 Dartmouth Street, spoke regarding fighting the press. Herb Borock 2731 Byron Street, spoke regarding site and design review by the ARB of individually developed homes. Sylvia J. Smitham, 2514 Birch Street, spoke regarding the flood. CONSENT CALENDAR MOTION: Council Member Wheeler moved, seconded by Schneider, to approve Consent Item Nos. 2 and 3. 2. Contract between the City of Palo Alto and Utility Constructors for Overhead Construction Services
3. Resolution 7743 entitled ΑResolution of the Council of the City of Palo Alto of the Council of the City of Palo Alto Confirming Existence of a Local Emergency Proclaimed by
Director of Emergency Services≅
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A Proclamation of the Director of Emergency Services of the City of Palo Alto Determining the Existence of a Local Emergency Pursuant to Palo Alto Municipal Code Section 2.12.50(C)(1) MOTION PASSED 9-0. AGENDA CHANGES, ADDITIONS, AND DELETIONS MOTION: Council Member Fazzino moved, seconded by Kniss, to cancel the Tuesday, February 17, 1998, City Council Meeting, and schedule a Special City Council Meeting on Tuesday, February 17, 1998, to commence at 8:00 p.m. MOTION PASSED 9-0. CLOSED SESSION
This item may occur during the recess or after the Regular Meeting. 4. Conference with City Attorney--Potential Initiation of Litigation Subject: Potential Initiation of Litigation on One Separate Matter Authority: Government Code section 54956.9(c) 4A. Conference with City Attorney-Potential/Anticipated Litigation Subject: Significant Exposure to Litigation Authority: Government Code section 54956.9(b)(1) arising out
of San Francisquito Creek flooding. (Gov. Code, ∋ 54956.9(b)(3)(B).) UNFINISHED BUSINESS 5. PUBLIC HEARING: The Palo Alto City Council will consider a Tentative Map application for Los Trancos Road Subdivision (Lands of Arrillaga, AP# 182-46-010) to subdivide 151+ acres into 8-lot, single-family residential lots and one private open space/common area parcel of 81+ acres in size. The application is accompanied by requests for Conditional Exceptions to permit 1) main access road grades in excess of the 15% maximum grade limitation of PAMC Section 21.20.210 and 2) a main access road width of 24 feet and right-of-way width of 42 feet, in-lieu of the required 30 foot road width and 50 foot right-of-way width, as required by PAMC Section 21.28.020. (continued from 1/20/98) (Public Testimony closed)
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Resolution of the Council of the City of Palo Alto Certifying the Adequacy of the Los Trancos Road Subdivision Final EIR and Making Findings Thereon Pursuant to the California Environmental Quality Act Director of Planning and Community Environment Ken Schreiber briefly reviewed the transparencies included in the Council Packet and also asked the consultants to review the photo analysis contained in the Environmental Impact Report (EIR). The staff report (CMR:132:98) responded to questions asked by the Council at the January 20, 1998, meeting. The additional photo analysis had not been completed due to a lack of time between the two meetings. The existing photo analysis would be used to illustrate the information that would be available in any subsequent analysis. Mayor Rosenbaum asked whether the lack of additional visual simulations would make it difficult for the Council to make a decision. He asked the City Attorney to comment. City Attorney Ariel Calonne said the consent of the applicant would be necessary to continue the item beyond the next Council meeting. Mr. Schreiber had spoken to the applicant that afternoon. His
representative, Mr. Zullo, was in the audience. Mr Arillaga=s position was that if the Council wished to continue the item, his stipulation was that the City would be responsible for paying the cost of any additional analysis.
Mr. Calonne was not confident that Mr. Arillaga=s consent was necessary to have additional view work done if it were part of the scope of the EIR. Story poles were another matter. There was no process in the Palo Alto Municipal Code (PAMC) or planning documents to compel someone to allow story poles. He was not convinced that a way could not be found to compel the applicant to pay. He did not want to leave the Council with an incorrect impression that its decision of whether to continue the item could be conditioned on some exaction by the City. Sam Zullo, Mark Thomas and Company, Inc., 90 Archer Street, San Jose, spoke on behalf of Mr. Arillaga and said Mr. Schreiber had correctly stated his position. There were two issues of concern regarding the continuance. First, Mr. Arillaga would like some understanding that during the period of extension, there would not be a change in the zoning and land use requirements in the Open Space District that would impact his proposed tentative map. Secondly, he wanted to clarify the financing issue. He had expended over $300,000 on consultants and special reports over a three-year period. He supported the staff recommendation outlined in Attachments 2 and 3 of the staff report (CMR:132:98) and believed they provided the necessary findings. In the event the
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Council believed there were additional findings necessary, his position was he did not want to finance the additional findings. Council Member Wheeler asked whether there was legal provision for the City to finance the additional work. Mr. Calonne said the Council had the authority to pay for the additional work. The relevant Comprehensive Plan would be the plan in effect at the time the application was deemed complete. If the Council adopted the updated plan, it would not impact the current application.
Council Member Wheeler said one of the Council=s requests was for more work from the photometric expert. She asked what the cost would be if the Council continued the item until the expert was available. Mr. Schreiber said the cost would be in the range of $5,000 to $7,500. The period of time needed before returning to the Council would be approximately two months. Mayor Rosenbaum said absent a motion to continue, he assumed the Council was prepared to deal with the item that evening. Council Member Wheeler believed the photometric data was an
extremely important element in the Council=s decision-making process in order to make the necessary findings that the application was in conformance with the Comprehensive Plan policies and with open space zoning ordinances. She could not make the necessary findings without the assistance of the photometric data. MOTION TO CONTINUE: Council Member Wheeler moved to continue the item until such time as the City Council could receive photomatric
data from the City=s consultant. MOTION SECONDED: Council Member Kniss seconded the motion with the proviso that the cost of the data be paid by the City and not to exceed $7,500. Council Member Mossar supported the motion. She noted there were EIR analyses on some of the options but not on others. It was incredibly difficult to weigh one option against another irrespective of the additional information provided to the Council by staff. Although the information was helpful, it was not adequate to fully understand the impacts. She was concerned about the issues of cut and fill, grading, and erosion. She hoped if the Council were provided the completed visuals, that there would be a clear understanding of the different options.
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Vice Mayor Schneider asked whether the visuals would be limited to the staff recommendation, Alternative 5, or would there be five different visuals. Mr. Schreiber said Alternative 5 visuals had been completed and were part of the final EIR. What was before the Council was a request by the applicant that involved a number of locations which were, in combination, different from any one of the other alternatives. All the locations were looked at in one alternative or another. They were not looked at in the particular combination before the Council. Vice Mayor Schneider asked whether a cap should be placed on the amount of money to be spent. Mr. Schreiber believed a $7,500 cap was set as part of the motion. Additional photos would be provided with an identification of what the assumptions would be regarding grading, tree loss, etc. There were a large number of combinations of lots and not all may be part of what came back. Since there were no house designs, the analysis would be generalized rather than specific. Vice Mayor Schneider asked whether there were assurances that no substantive changes would occur in the Open Space District. Mr. Calonne said state law said the relevant rules were those in effect at the time application was deemed complete. Vice Mayor Schneider said she would support the motion. Mayor Rosenbaum clarified the Council already had the visual simulation for the 8-lot cluster variation. Mr. Schreiber said yes. Mayor Rosenbaum said two other configurations were under
consideration. One was the applicant=s revisions as outlined in the staff report of December 15, 1997(CMR:496:97). Mr. Schreiber said yes. Mayor Rosenbaum clarified the Council would be looking for the
visual simulations that corresponded to the applicant=s last version. Mr. Schreiber said yes. Mayor Rosenbaum clarified the staff recommended configuration differed to some degree from what the applicant had presented.
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Scott MacPherson, Nichols & Berman Environmental Planning, 142 Minna Street, said yes. The staff recommendation differed from the
applicant=s; however, if the staff recommendation were overlaid on top of the original 8-lot cluster alternative, it was the same. A visual simulation existed from three viewpoints of the staff recommendation. Mayor Rosenbaum said when the item returned in two months, it would be helpful to have three sets of visuals, one for each of three configurations under study, without relying on overlays. Bob Berman, Nichols & Berman Environmental Planning, said photomontages existed for the staff recommendation. What did not
exist was a photomontage of the applicant=s revisions as outlined in the staff report of December 15, 1997 (CMR:496:97). The proposal was for three additional photomontages from the same three locations as the other alternatives to be presented to the Council in color photographs and overlays. The estimated cost was $7,500. Mayor Rosenbaum clarified the photomontage for the staff recommendation had been completed. Mr. MacPherson said yes. The staff recommendation was basically the same layout as the 8-lot cluster alternative that was in the draft EIR. Mayor Rosenbaum clarified no additional work would be required. Council Member Eakins asked where she could find the photomontage for the staff recommendation. Mr. MacPherson said the photomontages of the staff recommendation could be found on pages 6.0-11 through 6.0-13 of the draft EIR. Council Member Mossar asked whether the views on pages 5.8-17, Views from the Los Trancos Trail in Foothills Park After
Development, were the applicant=s proposal and whether the Council already had the views.
Mr. MacPherson said that was the applicant=s original proposal and not the revised proposal as shown in the December 15, 1997, staff report.
Council Member Mossar clarified the Council had the applicant=s
original proposal, the staff=s proposal, and the proposal that the Planning Commission recommended. The Council was asking for was
the applicant=s second proposal. Mr. MacPhersonn said that was correct. 02/09/98 86-59
Mr. Zullo said the original proposal for the photomontage was made prior to the EIR recommendation to relocate the building sites on Lots 1, 2, 5, and 6. He believed the montage that was done was when the houses were on the ridge top. The EIR recommended moving the houses off the ridge top, and he did not believe a new montage was prepared that correctly showed that. Council Member Ojakian did not support the motion. He believed enough data had been received for him to make a decision. He thought the process had gone on long enough and, whether right or
wrong, or whether it worked out to Mr. Arillaga=s favor or not, a decision should be made. Additionally, he did not want to spend the $7,500.
Council Member Fazzino shared some of Council Member Ojakian=s concerns; however, he supported the motion. He was not happy about the precedent of spending $7,500 and felt the applicant could have incurred the additional cost. At the same time, he was willing to support the motion because several Council Members indicated they did not have enough evidence to make the necessary findings. MOTION TO CONTINUE PASSED 7-2, Ojakian, Eakins Αno.≅ Mr. Calonne suggested a Council direction to staff to renotice the public hearing to allow people to speak to the new information that was generated. MOTION: Vice Mayor Schneider moved, seconded by Fazzino, to direct the staff to renotice the public hearing for this item. MOTION PASSED 9-0. RESOLUTIONS 6. Resolution of the Council of the City of Palo Alto Scheduling the City Council Vacation for Calendar Year 1998 MOTION: Council Member Fazzino moved, seconded by Schneider, to adopt the Resolution to schedule the City Council vacation for Tuesday, August 11, to Monday, September 14, 1998.
Resolution 7744 entitled ΑResolution of the Council of the City of Palo Alto Scheduling the City Council Vacation for Calendar Year 1998" MOTION PASSED 6-3, Eakins, Ojakian, Rosenbaum Αno.≅ COUNCIL MATTERS 7. Council Comments, Questions, and Announcements
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ADJOURNMENT: The meeting adjourned to Closed Session at 9:40 p.m. The City Council met in a Closed Session to discuss matters involving Potential/Anticipated Litigation as described in Agenda Item Nos. 4 and 4A. Mayor Rosenbaum announced that the City Council would report on Agenda Item No. 4 at the next regular City Council meeting and that no reportable action was taken on Agenda Item No. 4A. FINAL ADJOURNMENT: The meeting adjourned at 10:00 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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