HomeMy WebLinkAbout1998-03-16 City Council Summary Minutes Special Meeting March 16, 1998 1. Interviews for Human Relations Commission.............86-117 ADJOURNMENT: The meeting adjourned at 7:00 p.m.............86-117
1. City Manager=s Report re Flood ........................86-118 ORAL COMMUNICATIONS........................................86-118 3. The Policy and Services Committee recommends to the City Council approval of the Family Resource Center (FRC) Implementation Plan and Budget........................86-119
4. Ordinance 4486 entitled ΑOrdinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1997-98 for Additional Funding in the Amount of $500,000 for the Electric Service, Transformers and Meters Capital Improvement
Project≅ ..............................................86-119 5. Addendum No. 6 to Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction, and Maintenance of a Joint Sewer System................................................86-120
6. Resolution 7747 entitled ΑResolution of the Council of the
City of Palo Alto Approving and Adopting ΑNo Parking Zones≅ on
Certain Portions of Middlefield Road≅ .................86-120 7. Approval of Location of Ross Road Speed Bumps and Environmental Assessment..............................86-120
8. Ordinance 4488 entitled ΑOrdinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1997-98 to Increase Revenues and Expenditures Associated with the City's Contract with the Golf Course Professional by $65,000
and to Amend the Golf Fees in the Municipal Fee Schedule≅ 86-120
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9. Request for Proposal for Bicycle Facility Operator....86-120 AGENDA CHANGES, ADDITIONS, AND DELETIONS...................86-120 10. Conference with City Attorney--Existing Litigation....86-120 11. PUBLIC HEARING: The Palo Alto City Council will consider an appeal by the Owner of the decision of the Director of Planning and Community Environment and the Historic Resources Board to designate the Single Family Residence located at 955 Roble Ridge as Historic Landmark Residence............86-121 12. PUBLIC HEARING: The Palo Alto City Council will consider an application for Site and Design approval to allow the construction of a new two-story, single-family dwelling, three car garage, swimming pool and associated site improvements for property located at 3220 Alexis Drive.................86-121 13. Resolution of the Council of the City of Palo Alto Temporarily Suspending the Collection of Certain Utility Charges as a Result of Flood-related Damage and Losses and Approving a Revision to Utilities Rule and Regulation Number 2 Pertaining to Policy Billing Adjustments..............86-133 14. Resolution of the Council of the City of Palo Alto to Suspend the Collection of Certain Fees Related to Flood Recovery86-134 15. Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1997-98 to Provide an Additional Appropriation for Salaries and Benefits in the Amount of $49,500 and to Amend the Table of Organization to Add the Position of Deputy City Manager-Special Projects......86-135 15A. (Old Item No. 2) Library Master Plan - Refer to the Policy and Services Committee....................................86-136 ADJOURNMENT: The meeting adjourned to a Closed Session at 9:03 p.m.......................................................86-138 FINAL ADJOURNMENT: The meeting adjourned at 9:10 p.m......86-139
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:55 p.m. PRESENT: Eakins, Fazzino (arrived at 6:00 p.m.), Huber, Kniss, Mossar, Ojakian, Rosenbaum, Schneider, Wheeler SPECIAL MEETING 1. Interviews for Human Relations Commission No action required. ADJOURNMENT: The meeting adjourned at 7:00 p.m. * * * * *
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Regular Meeting March 16, 1998 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:11 p.m. PRESENT: Eakins, Fazzino, Huber, Kniss, Mossar, Ojakian, Rosenbaum, Schneider, Wheeler SPECIAL ORDERS OF THE DAY
1. City Manager=s Report re Flood City Manager June Fleming said she was happy to report that staff was ahead of schedule in several projects relating to flood preparedness. They were continued to install the creek detector system. The system would automatically monitor and transmit creek level information to the Utility Control Center, and the
information would be available to the City=s Emergency Operations Center. While staff expected the process to take 30 to 60 days, installation on Adobe Creek was complete, and the detectors on San Francisquito and Matadero Creeks would be operational within the next two weeks. In addition, the specifications for the weather station in Foothills Park had been completed. The system would transmit current rainfall information in the foothills to the Emergency Operations Center. The information would be valuable in determining the expected runoff into San Francisquito Creek. In addition, the weather station would also provide valuable information for wildland fire season such as temperature, humidity, and wind speed and direction. Installation of the system would be completed within the next few days. Staff had narrowed down the community alerting systems to three types and expected to select a system in the near future. As residents were still removing flood-damaged items from their homes, the dumpsters the City had leased from Palo Alto Sanitation Company (PASCO) would remain in place. Staff continued to work with neighborhood groups formed to deal with issues surrounding the floods. She was proud of the neighborhood residents who were pulling together to work with the City toward long-term solutions. Where Palo Alto was located, flooding, unfortunately, was not the only serious problem. There were also fires and earthquakes. She hoped the City could work together to more effectively deal with any hardship that the City faced. She looked forward to reporting more progress in the efforts for flood preparedness and response. ORAL COMMUNICATIONS Mayor Rosenbaum acknowledged staff from the Finance Division for receiving awards for the 1996/97 Comprehensive Annual Financial Report (CAFR) and the 1997-98 Adopted Budget. The CAFR and Adopted Budget had received commendations for the fourth year in a row.
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Iris Kriegler, 1607 Channing, spoke regarding San Francisquito Creek flood issues. Sylvia J. Smitham, 2514 Birch Street, spoke regarding City Manager June Fleming. Maureen McNulty, 2340 Carmel Drive, spoke regarding the flood--financial impacts. Tanya Swezey-Gleason, 2317 St. Francis Drive, spoke regarding the February 3, 1998, flood. Raymond Hebert, 2339 Sierra Court, spoke regarding flood control. John Livingston, 759 DeSoto Drive, spoke regarding immediate post-flood needs for assistance. Bob Moss, 4010 Orme Street, spoke regarding flooding. Cathie Lehrberg, 1085 University, spoke regarding aircraft noise over residential areas. Robert A. Morgan, 1150 Byron Street, spoke regarding improprieties. Margaret Ash, 164 Hamilton Avenue, spoke regarding homelessness. Lynn Chiapella, 631 Colorado Avenue, spoke regarding Arastradero Preserve Gateway Facility. Herb Borock, 2731 Byron Street, spoke regarding Arastradero Preserve Gateway Facility. CONSENT CALENDAR MOTION: Council Member Fazzino moved, seconded by Schneider, to approve Consent Calendar Item Nos. 3 - 9 with Item No. 2 removed at the request of Mayor Rosenbaum. 3. The Policy and Services Committee recommends to the City Council approval of the Family Resource Center (FRC) Implementation Plan and Budget, as described in the staff report (CMR:415:97).
Ordinance 4485 entitled ΑOrdinance of the Council of the City of Palo Alto Increasing the Table of Organization for the
Fiscal Year 1997-98 to Staff the Family Resources Center≅
4. Ordinance 4486 entitled ΑOrdinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1997-98 for Additional Funding in the Amount of $500,000 for the
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Electric Service, Transformers and Meters Capital Improvement
Project≅ 5. Addendum No. 6 to Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction, and Maintenance of a Joint Sewer System
6. Resolution 7747 entitled ΑResolution of the Council of the
City of Palo Alto Approving and Adopting ΑNo Parking Zones≅ on
Certain Portions of Middlefield Road≅ 7. Approval of Location of Ross Road Speed Bumps and Environmental Assessment
Ordinance 4487 entitled ΑOrdinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1997-98 to Provide an Additional Appropriation to Create Capital Improvement Project Number 19818, Road Bump Project for Ross
Road≅
8. Ordinance 4488 entitled ΑOrdinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1997-98 to Increase Revenues and Expenditures Associated with the City's Contract with the Golf Course Professional by $65,000
and to Amend the Golf Fees in the Municipal Fee Schedule≅ Management Agreement between the City of Palo Alto and Brad Lozares for Golf Professional Services Facility Lease between the City of Palo Alto and Brad Lozares for Golf Shop Facility at 1875 Embarcadero Road 9. Request for Proposal for Bicycle Facility Operator
Ordinance 4489 entitled ΑOrdinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1997-98 to Provide an Additional Appropriation for the Construction and Administration of a Bicycle Storage Facility at the University Avenue Train Depot to be Funded by a Grant in the Amount of $127,000 and from the Budget Stabilization Reserve in the Amount of $22,000" MOTION PASSED 9-0. AGENDA CHANGES, ADDITIONS, AND DELETIONS City Manager June Fleming announced that Item No. 2 would become Item No. 15A. CLOSED SESSION
This item may occur during the recess or after the Regular Meeting. 03/16/98 86-121
10. Conference with City Attorney--Existing Litigation Subject: Chicago Title Company v. Gerardo Rosas-Maxemin, et al., Santa Clara County Superior Court No. CV 763260 Authority: Government Code section 54956.9(a) PUBLIC HEARINGS 11. PUBLIC HEARING: The Palo Alto City Council will consider an appeal by the Owner of the decision of the Director of Planning and Community Environment and the Historic Resources Board to designate the Single Family Residence located at 955 Roble Ridge as Historic Landmark Residence (To be continued to a date uncertain at the request of the appellant) **Item must be heard within 60 days of the appeal date. MOTION: Vice Mayor Schneider moved, seconded by Mossar, to continue Item No. 11 to a date uncertain. MOTION PASSED 8-0, Fazzino absent. 12. PUBLIC HEARING: The Palo Alto City Council will consider an application for Site and Design approval to allow the construction of a new two-story, single-family dwelling, three car garage, swimming pool and associated site improvements for property located at 3220 Alexis Drive Senior Planner George White said the recommendation was from the Planning Commission and staff. He said the applicant sought to construct a new single-family residence on a vacant 1.6 acre parcel in the Open Space Zoning District directly adjacent to Foothills Park and Arastradero Preserve. He said it was a flag lot with direct access to the terminus of Alexis Drive. The driveway configuration impacted a number of trees both on the project site and in the adjacent Foothills Park. The City Planning Arborist reviewed the plans and provided appropriate recommendations in terms of tree preservation and replacement. The house was designed to follow the contours of the site and was illustrated by the model provided by the applicant. The color palette was of natural stone and natural materials and subdued natural colors. The visual impact of the home would be further mitigated by the introduction of a number of large native oak trees on the site. He said the project otherwise met all of the required standards of the zoning ordinance for the Open Space Zoning District in terms of setbacks, height, and impervious coverage. He said the Planning Commission reviewed the project on January 11, 1998, and was in unanimous support. The Planning Commission recommended additional language related to arborist conditions and best practices conditions which was included in the revised conditions of approval. He referred to
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the two letters which were also in the City Council packet. The first letter from Lynne Chiapella related to the specific property being as access point for disking operations for fire protection. He said staff had checked with the Battalion Chief who supervised the disking operation and was told that at no time in the past had any private property been used to access either Foothills Park or Arastradero Preserve. The access for the disking operation occurred through the usual entry points at Arastradero Preserve and Foothills Park. He said the second letter from Herb Borock also raised issues about the disking operation and other points which were addressed during the Planning Commission hearing. Planning Commissioner Kathryn Schmidt said the Planning Commission noted that the site had a great prominence from Vista Point in Foothills Park as did the adjoining site which the Commission reviewed for site and design and approved a few months prior. She said the specific site had fewer trees; so the Planning Commission felt it was especially important that the rural character and the natural materials and planting be very well done. The proposal met the requirements for the site and design review. The Planning Commission also discussed impervious and pervious surfaces of the site which allowed water to drain through and more directly into the ground. Vice Mayor Schneider said that she and Council Member Eakins visited the site that day. She asked if there were other developable lots in that area. Director of Planning and Community Environment Ken Schreiber said there were three lots created at the end of Alexis Drive in the late 1970s. He said that the land beyond those specific parcels was City-owned and dedicated parkland; therefore, there would be no other developable parcels. Council Member Mossar said she also visited the site that day. She said one of the letters in the Council packet indicated that at one time the hilltop was covered with trees. She asked if that was a historic assumption or that property was cleared in memorable times. Mr. Schreiber said that issue came up at the Planning Commission and staff did not have an answer. He said the trees that were along the driveway were technically on the adjacent property. He did not believe there was any reference to clearance of any trees on that particular property. Regarding the driveway location, there was a reference and a site and design review from some years before to trees that were not on the site at the current time. Mayor Rosenbaum opened the public hearing. Lynn Chiapella, 631 Colorado Avenue, said the site was very lovely, and she thought the applicants would enjoy their house. She was
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concerned about the fire maintenance and referred to a transparency which showed the specific property, Hewlett-Mullen lands, where the homes would be built. She pointed out the disking trails which crossed through the middle of the three properties, went out to the exit, crossed over, and went into Foothills Park. She said the terrain was extremely steep going down through the tree line. There was a creek and a great deal of riparian habitat at the bottom of the tree line. Although there were no tracks there last summer or the past winter from any disking or mechanical or automotive machine, the trail was a very steep impromptu path that either horses or someone had created. She said the angle was about 45 percent and was very dangerous. She pointed out the access point on the overhead. She was concerned that the fire issues were not being addressed. She was concerned that a fire, when it raced up the hill, would decimate that area, and there was no proper access the way it was being planned. She said one way would be to have access on the driveway and on the gate. She said there was 44 feet of City-owned property which could be turned into an access for fire to get to the property and to get to Arastradero. She asked the Council to place several additional conditions on the application. The first requirement was that the open space have access to Arastradero and the Hewlett-Mullen properties from Alexis Road and that a fire buffer be maintained between Foothills Park, Arastradero property, and the private property. She felt it would give the best fire safety precautions from both sides so that the fire did not jump from house to open space lands and from open space lands to the houses. She did not see that amply addressed in the conditions under Fire. She believed that the civil engineer in Condition No. 20 needed to sign off when the work was done. She said the project would add 1970 cubic yards of cut and 440 cubic yards of fill adjacent to a riparian area. The driveway was adjacent to the headwaters of Arastradero Creek. She asked who was qualified to go out and make sure that it was done properly. She said the Building Department was not trained to check for drainage. She said that the civil engineer needed to sign off that it was done properly and that the grading would not degrade any of the riparian area.
Herb Borock, 2731 Byron Street, responded to Vice Mayor Schneider=s question regarding the developable lots and said it was the second of three lots that were being developed at the end of Alexis Drive. He said there was a third lot which remained undeveloped. He referred to the transparency and said that the disk line had historically run through the three properties. He believed that the processing of the proposed application and the one on Alexis Drive was a wakeup call for those who were concerned about development in the open space area and the effectiveness of the process of site and design review. He said that those applications and a third application on Laurel Glen had gone through the public process in the past nine months. Members of the Planning Commission had expressed interest on when the Architectural Review Board (ARB) would see the design and was told if the application
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were for one house at a time, the ARB did not see application. The same thing happened when the Planning Commission saw the Environmental Impact Review (EIR) on the Arrillaga property that both the Planning Commission and the ARB were concerned with when the ARB saw any of the houses. Staff said they would not. There might need to be a change to the ARB ordinance to essentially require all houses in the Open Space Zone to receive ARB review. He referred to the organizational study of the Planning Division. There were currently four planner positions, one of which was vacant. All of the other planners had worked on the two sites in a piecemeal fashion. The question of trees was also raised. Historically, in 1984 when there was a lot line adjustment to move the access from its previous point between two lots to current flag lot configuration, the Planning Commission, at that time, was shown a site design that showed the existing 12 trees covered by the current application. It also showed more trees along the more visible segments of the driveways that were most visible from Vista Point. He said either those trees existed or at that time it seemed appropriate by both the Planning Division and the applicant to screen the driveway in that fashion. The place where trees were being replaced was at the end of a riparian woodland, which was nice but did not provide any additional protection in sight lines from Vista Point because the rest of the forest already offered protection. The open areas were the ones that needed the trees. It was time for the Council to ensure that type of protection and to find out whether it was the appropriate way to process the applications, or whether it was time to change the process. Steve Schwanke, 75 Arbor Road, Menlo Park, said the property owners for the two parcels and projects were two separate individuals. He said the architect was the same for the two parcels, which he felt was a benefit. He felt the designs addressed that. He felt that the dwelling had more impact than the road did and the focus was to place more planting around the house, in the vicinity of 24 to 28 trees. He asked the Council to keep in mind that the right-of-way was very narrow for the driveway. Mayor Rosenbaum closed the public hearing. MOTION: Council Member Kniss moved, seconded by Schneider, to approve the Planning Commission and staff recommendation that the City Council approve the Mitigated Negative Declaration, with a finding that the project will not result in any significant environmental impacts, and approve a Site and Design application for a new, two-story, single family dwelling based on the findings and revised conditions. Findings of Approval Site and Design Review 3220 Alexis Drive
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97-D-10 a. The project will be constructed and operated in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites; in that the proposed use and improvements are similar in size, scale and design with other uses in the area and the project has been designed and will be sufficiently
screened so as not to impact the neighbor=s privacy or enjoyment of their property. b. The project is designed in such a way as to ensure the
desirability of investment, or the conduct of business, research of educational activities, or other authorized occupations, in the same or adjacent area; in that the project will maintain desirability of investment in the same and adjacent areas, the proposed design and size of the residence and related improvements are generally consistent with the existing residences on Alexis Drive and nearby roads, and the construction of the residence will be governed by the current Uniform Building Code and other applicable codes, to assure safety and a high quality of development. c. Sound principles of environmental design and ecological balance will be observed in construction of the project; in that the proposed design will follow existing contour lines to minimize site grading. The project will not have significant environmental impacts as indicated by the proposed Mitigated Negative Declaration for this project. The proposed dwelling has been designed to be consistent with the Open Space Criteria adopted by the City Council to mitigate the impacts of development in the foothills area of the community. d. The project is in accord with the Palo Alto Comprehensive
Plan; The proposal will be compatible with goals of the
Comprehensive Plan as discussed in the ΑPolicy Section≅ of this report. The proposed residential use and related site improvements comply with the OS Zone District Site development regulations and conform to the intent of the Open Space/Controlled Development land use designation to allow limited residential development on larger sites to minimize physical impacts of development. Open Space Criteria Findings 3220 Alexis Drive 97-D-10 1. The development should not be visually intrusive from public roadways and public park lands. It should be
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sited so that it is hidden from view as much as possible. Distant views of the site can be obtained from Vista Point and various vantage points in Foothills Park. The home site has no existing tree cover and any development on the property would be visible. This visibility will be mitigated by the inclusion of mature native trees shown on the landscape plan which will screen the house from Vista Point and other areas in the Foothills Park, and by the use of natural materials and earthtone colors on the structures themselves. 2. Development should be concentrated, or closely grouped, in relation to the area surrounding it. This is
consistent with the Αcluster principle≅ which makes
development less conspicuous. The proposal sets the building mass into and along the natural contours of the site, and uses varying rooflines and building elevations to provide visual relief. In addition, the proposal utilizes well designed architectural features that fit into the overall architectural composition and add visual interest and scale to the house. 3. Built forms and landscape forms should mimic the natural topography. Building lines should follow the lines of the terrain, and trees and bushes should appear natural from a distance. The proposed building masses follow the hillside, and the floor levels are kept close to grade to minimize bulk and create opportunities to relate the building to the site. The proposal integrates the house on the site by use of varied roof forms and building shapes that break up mass. Also, the proposal provides an efficient use of space within the building envelope. 4. Where grading is needed to enable the development to blend into the natural topography, it should, nevertheless, be minimized to prevent erosion. The proposal is sensitive to the topography because it follows the slope and avoids excessive grading, excavation and uses of retaining walls. 5. Larger, flat expanses of impervious surface should be avoided to reduce the need for cut and fill and to reduce potential runoff. The proposal avoids large expanses of impervious surface by terracing the building on the hillside. 6. Buildings should use natural materials and earthtone or subdued colors. The proposal incorporates materials that include stone veneer, wood and slate that have a natural
earth tone color similar to those found in the area=s natural environment. The proposal uses three different materials that are used to break up the apparent mass of
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the building. Also, the high level of architectural detail and stepping of building mass create shadows appropriate to the natural hillside setting. 7. Landscaping should be native species which require little or no irrigation (except immediately adjacent to structures as a fire prevention technique). The proposal has incorporated native species and drought resistant trees, shrubs and plants in the landscape plan that conserve water and require little irrigation. 8. Lighting should be low intensity and shielded from view from surrounding public points (road and parks). The proposal incorporates accent lights for pedestrian pathways and pool area that direct light down and shield light away from the surrounding parklands. 9. Access roads should be of a rural rather than urban character (standard curb, gutter and concrete sidewalk are usually inconsistent with the foothills environment). The proposal road access is made of a material that has a rough texture and natural color found in rural areas. 10. Ground coverage should be in general conformance with
Palo Alto=s Open Space District regulations. The proposal complies with the Open Space District regulations for impervious site coverage. Revised Conditions for Project Approval For 3220 Alexis Drive 97-D-10 PRIOR TO ISSUANCE OF BUILDING OR GRADING PERMIT Planning Department 1. The approved building materials and color scheme shall be shown on the building permit drawings for all buildings, patios, fences, utilitarian enclosures and other landscape features. Planning Arborist 2. The plans shall retain trees #1-4 and 12 as indicated in
the applicant=s arborist report dated 1/12/98, and in the City Planning Arborist report dated 1/13/98, both herein incorporated by reference. 3. The applicant is required to plant the following: a. For the main house: a minimum of sixteen Coast Live Oaks (Quercus Agrifolia) of 48 to 72 inch box size and five Coast Live Oak (Quercus Agrifolia) of 90 inch box size or larger, four Valley Oaks (Quercus
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Lobata) of 48 to 72 inch box size, and two California Buckeye (Aesculius Californica) of 60 inch box size. b. For the access driveway: One Coast Redwood of 36" box size, six California Buckeye of 60" box size, appropriately spaced on City property along the 100' section of the south property line on Foothills Park land. The locations shall be marked at least two weeks prior to installation and approved by Foothills Park Senior Ranger and City Planning Arborist. c. The planting plan shall show the exposed western areas of the access road planted with non-invasive native shrubbery of various species and sizes to screen the road. The City Planning Arborist shall review and approve the actual placement of all specimen trees and screening vegetation on the project site. 4. The applicant shall provide planting Notes and Details for the installation of the Oaks, California Buckeyes and Redwood to the City Planning Arborist for review and approval. Plans shall show planting details, outline all maintenance needs of the trees prior to moving, during the establishment period of five years and thereafter. a. The contractor selected to plant the large Oaks and California Buckeye shall be familiar with projects of similar scale, and be approved by the Planning Arborist. b. A logistics plan outlining how the trees will be transported shall be submitted for approval. Include route; transportation permits; escorts needed; restrictions; road clearance needed, height and width; tree trimming needed for the narrow road; helicopter option; etc. 5. Plans shall show installation of irrigation supply to all new and existing trees and shrubs. Around large trees there shall be additional irrigation extending beyond the root ball as needed. During the course of the Establishment Period, watering shall be geared to correspond to the natural climatic rainfall. All tree irrigation shall be connected to a separate valve from other shrubbery and ground cover as required in Landscape Water Efficiency Standards for the City of Palo Alto (V-C)(o).
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6. A certified arborist shall be retained by the applicant to prepare a Tree Protection and Preservation Plan for
trees #1-4 and 12 as indicated on the applicant=s arborist report dated 1/13/98, to the satisfaction of the Planning Arborist. Plans shall include provisions for monthly inspections by the project arborist, during any excavation or fill within the tree protection zone, protective tree fencing as per below, spraying and fertilizing or any other measures to insure survival. Monthly status memos shall be faxed to the Planning Arborist during the first week of the month at (650) 329-2154. 7. Monterey Pine #12 shall have a tree protection zone of a 20' radius that is free of excavation, fill, trenching or impact of any kind unless mitigated to the satisfaction of the Planning Arborist. 8. Tree Protection Statement: The Building Department shall have on file a statement from the Applicant or project arborist verifying that the protective tree fencing is in place before, grading, or building permit issuance unless otherwise approved by the City Planning Arborist. 9. All trees to be retained, as shown on the approved plans shall be protected during construction. The following tree protection plans must be included on demolition or building plans and contracts, or on the grading plans if it stands alone from any other permit. Any modifications to these requirements must be approved, in writing, by the City Planning Arborist. The following tree preservation measures apply: a. All trees to be preserved shall be protected with 5-foot-high chain link fences. Fences are to be mounted on two-inch diameter galvanized iron posts, driven into the ground to a depth of at least 2-feet at no more than 10-foot spacing. The fences shall enclose the entire area under the dripline of the trees. The fences shall be erected before construction begins and remain in place until final inspection of the building permit, except for work specifically required in the approved plans to be done under the trees to be protected. (See Public Works Department's standard specification detail
#505). This detail shall appear on grading and construction plans.
b. Each tree shall have a ΑWarning≅ sign prominently displayed on the tree protection fence. The sign shall be a minimum of 18-inches square and clearly
state: ΑWARNING - This fence shall not be removed 03/16/98 86-130
or relocated without written authorization from the City of Palo Alto Planning Director. Violators will be prosecuted and are subject to fine
according to City Code 8.10.110.≅ Fire 10. A NFPA-130(1996) modified Residential Sprinkler System shall be installed per PAMC, Section 15.04.170. 11. The Fire Department access road/driveway for emergency vehicle access shall be designed in accordance with the Uniform Fire Code. Central Station monitoring shall be required if over 100 sprinklers are installed. 12. Provide on site fire hydrant required if any portion of the new dwelling is located more than 150 feet from public water source. 13. Provide roof covering to either be A or B fire retardant class. 14. Spark arrestors shall be shown on building plans and installed in all chimneys as part of project construction. 15. Residential smoke detectors shall be shown on building plans and installed for bedrooms and hallways with battery back-up in accordance with UBC. Utilities Engineering Electrical 16. The customer shall provide space on-site for a padmount transformer. There are no transformers in the vicinity to provide service at this time. The location of the padmount transformer shall be indicated on the site and landscape plans for review and approval by Utilities Department and Planning Department staff. 17. . If the service main size exceeds 400 Amps, the service must be three-phase at a secondary voltage of 120/208 Volts. 18. All on site/off site work by applicant to include substructure work needed. Public Works Engineering 19. The applicant shall obtain an encroachment permit from the Public Works Department to construct the required storm drain adjacent to the new driveway in Foothills Park. The final specifications of this storm drain shall be subject to the review and approval of the Public Works Department. The encroachment permit shall also be
recorded at Santa Clara County Recorder=s Office.
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2020. A formal site drainage plan produced by a qualified civil engineer shall be presented with the Building Permit submission and must be approved by Public Works before permit issuance. The Permittee is required to submit a drainage plan showing existing and proposed drainage of the site. This plan should show spot elevations of existing and proposed grades that show how drainage patterns work. Existing drainage from adjacent properties shall be maintained. Show how drainage from the buildings and hardscape will be directed. 21. In no case shall the final grading increase the drainage flow onto adjacent properties. (PAMC 16.28.270) 22. Grading activities west of Interstate 280 are restricted to the time between April 15 to October 15. This time may be further restricted to adjust to seasonal rain fluctuations. 23. An erosion control plan for the winterization of the site will also be required to be presented with the Building Permit submission. 24. Any excavation of grading of more than 100 cubic yards or an excavation deeper than 3 feet requires an approved Grading and Excavation Permit issued by the CPA Building Inspection Division. Utilities Engineering 25. All utility installations shall be in accordance with the City of Palo Alto Utility Standards for Water, Gas & Wastewater, dated 1992. 26. The Developer shall submit improvement plans and Water-Gas-Wastewater application including load demands for existing and new facilities. The plans must show the proposed alignment of water, gas, and sewer mains and services within the development and in the public right-of-way. 27. All water connections from Palo Alto Utilities must comply with requirements of California Administrative Code, Title 17, Sections 7583 through 7605 inclusive.
Contact Morris White at 650-496-6972, City=s Cross Connection Control Inspector, to determine the type of protection required to prevent backflow into the public water supply. 28. The contractor will not be allowed to begin work until the utility improvement plans have been approved by the Water, Gas, and Wastewater Engineering Division.
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29. Utility connection charges must be paid prior to the scheduling of any work performed by the City of Palo Alto. DURING CONSTRUCTION City Planning Arborist 30. The following tree preservation measures apply to all trees to be retained: a. No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. b. The ground around the tree canopy area shall not be altered unless approved. c. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. 31. The applicant shall be responsible for the repair or replacement of any publicly owned trees that are damaged during the course of construction, pursuant to Section 8.04.070 of the Palo Alto Municipal Code. Public Works Engineering 32. The developer shall require its contractor to incorporate best management practices (BMP's) for stormwater pollution prevention in all construction operations, in conformance with the Santa Clara Valley Nonpoint Source Pollution Control Program. The Inspection Services Division shall monitor BMP's with respect to the developer's construction activities on private property; and the Public Works Department shall monitor BMP's with respect to the developer's construction activities on public property. It is unlawful to discharge any construction debris (soil, asphalt, sawcut slurry, paint, chemicals, etc.) or other waste materials into gutters or storm drains. (Federal Clean Water Act) Council Member Kniss said it was desirable to have had the same architect do both designs. She noted a 40-foot-high Valley Oak tree that was planted to replace a tree at Waverley Street and Lowell Avenue and said that it took most of the day to replace the tree. The proposal called for 24 to 28 tree plantings. She supported the project. Vice Mayor Schneider said it was a remarkable piece of property. She would have preferred to see it remain in open space, but that
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decision was made many years before. The design was well suited for the site. Council Member Wheeler said she would support the motion, but she asked for staff comment on the point that Ms. Chiapella raised in
regard to access for the City=s emergency vehicles, in particular, the fire vehicles that would protect the larger foothill area. Mr. White said staff checked with the Fire Department on the issue. The Fire Department felt that the area was not vital as an access point for the disking operations and required no additional access to maintain it. Council Member Mossar concurred with Vice Mayor Schneider that she would much rather see the site left as open space. She recognized that decisions had been made in the past that the current Council was not able to overturn, but she hoped that no one thought of the proposal as a laudable precedent for other development in open space areas in the future. It was an exposed ridge top. She thought it was unfortunate and she also believed that the siting of the driveway on steep slope immediately adjacent uphill from a creek drainage was most unfortunate. She would support the motion. Council Member Eakins said she had visited the sites that day. She concurred with Vice Mayor Schneider and Council Member Mossar. She also regretted that it would be a big bulky structure, but she was glad the colors would be subdued. Council Member Ojakian supported the motion and thanked his former colleagues on the Planning Commission who provided some nice fine tuning of the project in terms of looking at colors and making sure that there was additional tree planting and that the City Planning Arborist was involved to try to control some of dust from the construction. MOTION PASSED 9-0. RESOLUTIONS 13. Resolution of the Council of the City of Palo Alto Temporarily Suspending the Collection of Certain Utility Charges as a Result of Flood-related Damage and Losses and Approving a Revision to Utilities Rule and Regulation Number 2 Pertaining to Policy Billing Adjustments City Manager June Fleming said that she and the City Attorney had a conflict of interest with respect to the following two agenda items, and she had not participated in the development of the recommendations that were before the City Council. City Attorney Ariel Calonne said that the regulations of the Fair Political Practices Commission would allow the City Manager or
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himself to participate in decisions necessary for the immediate mitigation of an emergency situation with their personal situations being treated as those of the public generally. He said that the specific agenda items before the City Council that evening were not necessary for immediate emergency mitigation. He said they were a form of relief that the City was providing. He felt that the City
Manager and himself might be materially affected by the Council=s decision. Vice Mayor Schneider asked if she would also have a potential conflict of interest. Mr. Calonne said Vice Mayor Schneider would if she believed she stood to benefit from the rate reduction. Vice Mayor Schneider said that she would not participate because of a conflict of interest. Council Member Fazzino said once again he was troubled by the application of the conflict of interest laws. A significant percentage of the citizens were affected by the flood, and he wanted the leadership of the City Manager and the City Attorney on the issue. He had a problem with the interpretation of the law if he was not able to communicate with the City Manager and the City Attorney on an issue that had an impact on a significant number of people in his community. He had a number of questions regarding the issue. He felt it was a real loss to the City. Council Member Kniss agreed with Council Member Fazzino. Mayor Rosenbaum said the City Council should deal with the utility rate relief only that evening. MOTION: Council Member Wheeler moved, seconded by Kniss, to approve the staff recommendation to adopt the resolution amending Utilities Rule and Regulation Number 2 to authorize the issuance of Utility bill credits to qualifying residents and businesses who increased their water, gas, and/or electric consumption to mitigate property damage and losses caused by the recent floods.
Resolution 7748 entitled ΑResolution of the Council of the City of Palo Alto Temporarily Suspending the Collection of Certain Utility Charges as a Result of Flood-related Damage and Losses and Approving a Revision to Utilities Rule and Regulation Number 2
Pertaining to Policy Billing Adjustments≅ MOTION PASSED 8-0, Schneider Αnot participating.≅ 14. Resolution of the Council of the City of Palo Alto to Suspend the Collection of Certain Fees Related to Flood Recovery
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MOTION: Council Member Kniss moved, seconded by Fazzino, to adopt the Resolution. Council Member Fazzino said his comments for the last item were also relevant to the item. He asked about the issue of individuals who used rented dumpsters because they did not have access to dumpsters that were on Channing Avenue. He asked if those charges could be excused. Assistant City Manager Emily Harrison said the staff could pursue that. She said that the Refuse staff had difficulty administering that program because there was some inconsistency in the use of the dumpsters between flood and non-flood related issues. Council Member Fazzino said that was one of the biggest complaints that he had heard from residents, particularly on DeSoto Drive with respect to the aftermath of the flood. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to direct staff to explore the issue of providing relief to residents who paid rental fees to Palo Alto Sanitation Company (PASCO) for dumpsters. Council Member Fazzino asked if there were any other City services that should be addressed in terms of flood incurred expense. Ms. Harrison said that all of the City departments had been contacted with respect to their customer needs, and she felt that the fees were covered. If something came up, staff would return to the City Council.
Resolution 7749 entitled ΑResolution of the Council of the City of Palo Alto to Suspend the Collection of Certain Fees Related to
Flood Recovery≅ MOTION PASSED 8-0, Schneider Αnot participating.≅ ORDINANCES 15. Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1997-98 to Provide an Additional Appropriation for Salaries and Benefits in the Amount of $49,500 and to Amend the Table of Organization to Add the Position of Deputy City Manager-Special Projects Resolution of the Council of the City of Palo Alto Amending the Compensation Plan for Hourly Personnel Adopted by Resolution No. 7714 to Provide Special Compensation for the Interim Director of Planning and Community Environment
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Resolution of the Council of the City of Palo Alto Amending the Compensation Plan for Management and Confidential Personnel and Council Appointed Officers Adopted by Resolution No. 7713 and Amended by Resolution Nos. 7729 and 7744 to Add the Position of Deputy City Manager, Special Projects MOTION: Council Member Huber moved, seconded by Ojakian, to approve staff recommendations to: 1. Approve the interim appointment of Anne Cronin-Moore as Director of Planning and Community Environment. 2. Adopt the Ordinance amending the budget for the fiscal year 1997-98 to provide an additional appropriation for salaries and benefits in the amount of $49,500 and to amend the Table of Organization to add the position of Deputy City Manager, Special Projects. 3. Adopt the Resolution Amending the Compensation Plan for Hourly Personnel, Adopted by Resolution No. 7714 to Provide Special Compensation for the Interim Director of Planning and Community Environment. 4. Adopt the Resolution Amending the Compensation Plan for Management and Confidential Personnel and Council Appointed Officers to add the position of Deputy City Manager, Special Projects.
Ordinance 4940 entitled ΑOrdinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1997-98 to Provide an Additional Appropriation for Salaries and Benefits in the Amount of $49,500 and to Amend the Table of Organization to Add
the Position of Deputy City Manager-Special Projects≅
Resolution 7750 entitled ΑResolution of the Council of the City of Palo Alto Amending the Compensation Plan for Hourly Personnel Adopted by Resolution No. 7714 to Provide Special Compensation
for the Interim Director of Planning and Community Environment≅
Resolution 7751 entitled ΑResolution of the Council of the City of Palo Alto Amending the Compensation Plan for Management and Confidential Personnel and Council Appointed Officers Adopted by Resolution No. 7713 and Amended by Resolution Nos. 7729 and 7744 to
Add the Position of Deputy City Manager, Special Projects≅ MOTION PASSED 7-0, Schneider, Kniss absent. 15A. (Old Item No. 2) Library Master Plan - Refer to the Policy and Services Committee Stewart Kiritz, 1181 College Avenue, urged the City Council not to approve a Library Master Plan (Plan) which included phasing out
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neighborhood libraries in College Terrace, Downtown and Terman Park. He said although his children and he used the College Terrace library branch, his reasons for advocating to keep the libraries open were for more than self-interest. He hoped that the City Council would honor the goals and policies expressed in the Draft Comprehensive Plan when any major changes for the City were considered. The goals and policies included emphasizing the provision of cultural and civic facilities in all neighborhoods, promoting the use of libraries, and supporting the development of effective programs to reduce auto use. The City Manager report (CMR:161:98) cited the goals and stated that they were consistent with the proposed expansion and improvements for three of the libraries. The report failed to point out that closing the small branch libraries was inconsistent with the aforementioned goals. Closing the branches would cause people in the neighborhoods that they served to get into their cars and drive across town. It would increase rather than decrease the reliance on the automobile. He felt that the City should be proud of its small libraries; they were a positive rather than a negative. If it would take $40 to $50 million dollars to reconstruct the three remaining libraries, he asked why a small percentage would not be used to staff the libraries and provide more books. Pria Graves, 2130 Yale Street, said many people in her neighborhood were concerned that the children and the elderly would be most disadvantaged by the closing of libraries. The proposed Plan talked about using computers to access data via the network rather than having to go to a library; however, she did not think that a computer would replace curling up with a good book. It would be years before many of the residents in Palo Alto had computer access. It was particularly the elderly who tended not to have computers in their homes. She wished that the College Terrace Library had web access with someone there who could instruct people in its use. The junk mail recycling was convenient because it was available at her library, but if it should close, it would be counterproductive. The College Terrace was an important civic resource to the neighborhood, and she asked that it not be taken away. George Koerner, 2130 Yale Street, supported the previous speakers and added that the libraries were a perfect link between the City and the community and provided great outreach into the neighborhoods. Libraries should be prepared for the 20th Century which included more web access. Jim Smith, 1527 Byron Street, spoke for President Mary Jean Place, Friends of the Library, and read her statement which said that the Friends of the Library had been waiting for the Library Master Plan to reach the City Council and the public and she congratulated the staff on the work done. The letter stated that outside of the focus groups, the Friends of the Library did not participate in the creation of the report or Plan. She said that the report and Plan
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confirmed what the Friends of the Library had been saying for a number of years that the facilities and collections were limited and in many cases outdated. Staff was overworked, and technologies needed serious updating. The Friends of the Library supported a Library Commission appointed by the City Council. Tom Wyman, 546 Washington Avenue, supported referral of the Library Master Plan to the Policy and Services (P&S) Committee. He spoke about the timeline referred to on pages 5 and 6 of the staff report (CMR:161:98). The timeline referred to the public review process occurring during April to July of 1998, and it was not until October that the library advisory group was included in the process. It was important that the library advisory group be included in the public review process from the beginning; inclusion was necessary to have maximum public support. Bob Moss, 4010 Orme Street, concurred with Mr. Wyman about having the future library commission deeply involved in the process, and he suggested that the referral include direction to hold the item in committee and take no action until after the library commission had been constituted and intimately involved in the public hearings from its initiative. The staff report (CMR:161:98) did not recommend that. He was a member of one of the focus groups and reported that no one had the slightest interest in closing any libraries. The complaint was that the libraries, specifically Terman, were inadequately supported, funded, staffed and opened. The group wanted more not the absence of the library. He referred to the Comprehensive Plan and said car trips would not be decreased by closing libraries on the south and west part of town and requiring people to drive two to three miles rather than walk two or three blocks to the nearest library. City Manager June Fleming said that the City Council had before it a proposed Plan. She said if the P&S Committee accepted the staff recommendation, it would be held in Committee until the staff could go through the public process. The public process could produce a very different plan from the proposed Plan. She concurred with Mr. Wyman that the library advisory group or commission needed to be involved in the process. Council Member Fazzino asked about the issue of governance of the library advisory group and whether that fit into the P&S
Committee=s discussion of the Plan. Ms. Fleming said that the item was scheduled for the April 13, 1998, P&S Committee meeting and that no public input meetings would start until the Committee reached a decision about whether the group was advisory to the City Manager or reported to the City Council. MOTION: Council Member Fazzino moved, seconded by Schneider, to refer Item No. 15A to the Policy and Services Committee.
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MOTION PASSED 9-0. ADJOURNMENT: The meeting adjourned to a Closed Session at 9:03 p.m. The City Council met in Closed Session to discuss matters involving Existing Litigation as described in Agenda Item No. 10. Mayor Rosenbaum announced that no reportable action was taken on Agenda Item No. 10. FINAL ADJOURNMENT: The meeting adjourned at 9:10 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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