HomeMy WebLinkAbout1999-05-17 City Council Summary Minutes Special Meeting May 17, 1999 ORAL COMMUNICATIONS .......................................88-221 1. Public Employee Performance Evaluation................88-221 ADJOURNMENT: The meeting adjourned at 7:10 p.m.............88-221 ORAL COMMUNICATIONS .......................................88-223 APPROVAL OF MINUTES .......................................88-223 1. Contract Between the City of Palo Alto and Interstate Gas Services for Gas Pool Manager Services................88-223 2. Contract Between the City of Palo Alto and Maze and Associates for External Audit Services...........................88-223
3. Resolution 7850 entitled ΑResolution of the Council of the City of Palo Alto Supporting the Santa Clara County Cities
Association=s >Do Graffiti - Lose Your License= and >Adopt-A-
Block= Campaigns≅ .....................................88-223 AGENDA CHANGES, ADDITIONS, AND DELETIONS ..................88-223 4. Conference with City Attorney--Potential Initiation of Litigation............................................88-224 5. PUBLIC HEARING: The Palo Alto City Council will consider an application by SAP Labs, Inc., for a Site and Design review to allow the demolition of a 61,878-square-foot office building located at 3410 Hillview and construction of a 64,636-square-foot, two-story research/office building with one level of underground parking, on grade parking, signage, landscaping and related site improvements.........................88-224 6. PUBLIC HEARING: The Palo Alto City Council will consider an application by Francoise Kirkman, Leah Feliz and Braudilio Feliz for a Variance and Site and Design review for a two-story addition to an existing two-story, single-family
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residence located at 3810 Page Mill Road on a 1.55-acre site. .....................................................88-227 6A. (Old Item No. 8) Ordinance of the Council of the City of Palo Alto Adding Chapter 8.10 to Title 8 of the Palo Alto Municipal Code Regarding Tree Preservation and Management Requirements......................................................88-228 7. PUBLIC HEARING: Resolution of the Council of the City of Palo Alto Determining That the Public Interest and Necessity Require the Acquisition of Certain Land, and Directing the Filing of Eminent Domain Proceedings..................88-230 9. Construction Contract Between the City of Palo Alto and Mountain Cascade Inc. for Amarillo Avenue and Embarcadero Way Relief Sewer Project..................................88-231 10. Council Comments, Questions, and Announcements........88-232 ADJOURNMENT: The meeting adjourned at 8:45 p.m. ...........88-232
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:45 p.m. PRESENT: Eakins, Fazzino, Huber, Mossar, Ojakian, Rosenbaum, Schneider (arrived at 5:50 p.m.), Wheeler ABSENT: Kniss ORAL COMMUNICATIONS None. CLOSED SESSION 1. Public Employee Performance Evaluation Subject: City Manager June Fleming Authority: Government Code section 54957 The City Council met in Closed Session to discuss matters involving Employee Performance Evaluation as described in Agenda Item No. 1. Mayor Fazzino announced that no reportable action was taken on Agenda Item No. 1. ADJOURNMENT: The meeting adjourned at 7:10 p.m.
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Regular Meeting May 17, 1999 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:15 p.m. PRESENT: Eakins, Fazzino, Huber, Mossar, Ojakian, Rosenbaum, Schneider, Wheeler ABSENT: Kniss ORAL COMMUNICATIONS Tom MacFadyen, 1225-380 Vienna Drive, Sunnyvale, spoke regarding eruv. Ed Power, 2254 Dartmouth Street, spoke regarding politics. APPROVAL OF MINUTES MOTION: Council Member Schneider moved, seconded by Huber, to approve the Minutes of March 15, 1999, as submitted. MOTION PASSED 8-0, Kniss absent. CONSENT CALENDAR MOTION: Council Member Mossar moved, seconded by Schneider, to approve Consent Calendar Item Nos. 1 - 3. 1. Contract Between the City of Palo Alto and Interstate Gas Services for Gas Pool Manager Services 2. Contract Between the City of Palo Alto and Maze and Associates for External Audit Services
3. Resolution 7850 entitled ΑResolution of the Council of the City of Palo Alto Supporting the Santa Clara County Cities
Association=s >Do Graffiti - Lose Your License= and >Adopt-A-
Block= Campaigns≅ MOTION PASSED 8-0, Kniss absent. AGENDA CHANGES, ADDITIONS, AND DELETIONS Mayor Fazzino announced that due to the same subject matter, Agenda Item Nos. 4, 7, and 9 would be heard together at the end of the meeting.
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City Manager June Fleming announced that Agenda Item No. 8 would become Agenda Item No. 6A. MOTION: Vice Mayor Wheeler moved, seconded by Huber, to hear Agenda Item Nos. 4, 7, and 9 at the end of the meeting. MOTION PASSED 8-0, Kniss absent. Herb Borock, P. O. Box 632, said Mayor Fazzino indicated the Closed Session was related to two other identified items on the agenda. The Council needed to identify the potential other party. 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 Matter Authority: Government Code section 54956.9 (c) The City Council met in Closed Session to discuss matters involving Potential Initiation of Litigation as described in Agenda Item No. Mayor Fazzino announced that no reportable action was taken on Agenda Item No. 4. PUBLIC HEARINGS 5. PUBLIC HEARING: The Palo Alto City Council will consider an application by SAP Labs, Inc., for a Site and Design review to allow the demolition of a 61,878-square-foot office building located at 3410 Hillview and construction of a 64,636-square-foot, two-story research/office building with one level of underground parking, on grade parking, signage, landscaping and related site improvements. Environmental Assessment: A Mitigated Negative Declaration has been prepared. Mayor Fazzino opened the public hearing. Senior Planner Phillip Woods said the property was located in an LM5(d) zone which required Site and Design review. The purpose of Site and Design review was to provide a review process for projects proposed in environmentally and ecological sensitive areas. The property was located adjacent to the Coyote Hill open space. One
outstanding issue related to Condition 1: ΑThe commercial housing mitigation fee increased to $3.87 which would change the total fee
to $10,673.46.≅ Mr. Jim Robinson, SAP Labs, Inc., designed a replacement building that would be a positive contribution to the community.
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Mr. Tom Richman, Tom Richman & Assoc., said the theme of the
project was Αaccess without trespass.≅ He reviewed the landscape and site issues using a visual presentation. Pictures included views from Coyote Hill to the building and views from the parking lot towards Coyote Hill. Mr. Bob Evans, Ehrlich-Rominger, said the intention of SAP and the design team was to reclaim the site as part of Coyote Hill. SAP was committed to extraordinary design features in the project. The need for underground parking generated a site cut and fill balance and the intent was to recreate the natural contours of the site. The two-story setback at the rear of the project was more responsive to Coyote Hill with a 100-foot setback. The exterior of the building responded to the site. Council Member Ojakian questioned the allowable and actual square footage of the building. Mr. Evans said the Zoning Ordinance allowed 30 percent Floor Area Ratio (FAR) of the site area in square footage. The coverage was 15 percent. The allowable square footage was slightly less than 74,000 square feet, and the proposed project was approximately 63,500 square feet.
Council Member Ojakian asked about SAP=s plans in terms of transportation programs. Mr. Robinson said there were several approaches to the traffic management program which included providing breakfast, lunches, and boxed lunches for dinner at no cost to the employees. An extensive commute alternative program was established. Jamie Jarvis, J.W. Environmental Services, provided services including an extensive web page with information on carpool ride matching assistance, a commute information center in the cafeteria, personalized commute assistance, dedicated phone mail assistance, inhouse carpool ride matching database, provision for maximum transit subsidy, commuter club for commute alternative users, and onsite bicycle parking. Council Member Schneider asked about the runoff on the terraced parking. Mr. Tom Richman, Tom Richman & Associates, said the parking was conventional asphalt and concrete paving rather than pervious pavements. Water was taken off the parking lots in conventional catch basins and passed through a landscape vegetated swale. Council Member Eakins asked whether employees qualified for Valley Transportation Authority (VTA) economy pass (eco pass).
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Ms. Jarvis said the company was not involved in the eco pass program because most of the transit riders were on Caltrain. Council Member Eakins asked whether materials from the original building would be salvaged or put into landfill. Mr. Evans said the materials were not planned for reuse. Mayor Fazzino closed the public hearing. Council Member Mossar asked whether VTA reviewed the project. VTA requested all cities participate in a program with projects that had a threshold of an impact on the transportation system in Santa Clara County, and VTA would let the cities know whether the programs were good ideas or would offer suggestions. Director of Planning and Community Environment Ed Gawf said the practice was to send a referral to VTA through the Transportation Division. He believed the proposed project predated the change in policy. MOTION: Council Member Ojakian moved, seconded by Schneider, to approve the Planning Commission, Architectural Review Board (ARB) and staff recommendation as follows: 1. Approve the Mitigated Negative Declaration, finding that the proposed project will not result in any significant environmental impacts if certain conditions of approval are imposed; and 2. Approve the proposed Site and Design application. Council Member Ojakian favored the project in terms of its architectural qualities and landscape approach. The proposed project was an environmental improvement to the current property. He disclosed that he met with the applicant and viewed the site the prior day. Council Member Schneider disclosed that she met with applicant and visited the site. The team on the project demonstrated how well people worked together to create a positive project. She thanked SAP Labs for making a contribution to the community. Vice Mayor Wheeler disclosed that she met with Mr. Robinson, Mr. Evans, and Mr. Richman, and she and Council Member Eakins visited the site the prior day. The project was exemplary and done correctly from the beginning. Council Member Eakins disclosed that she walked the site the prior day but had not met with the applicants. She found the project refreshing.
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Mayor Fazzino said SAP Labs demonstrated it was a valued corporate citizen. He was impressed with the commute alternatives and other practices of the company as well as the project. The project was sensitive to the surrounding open space and the employees working onsite. MOTION PASSED 8-0, Kniss absent. 6. PUBLIC HEARING: The Palo Alto City Council will consider an application by Francoise Kirkman, Leah Feliz and Braudilio Feliz for a Variance and Site and Design review for a two-story addition to an existing two-story, single-family residence located at 3810 Page Mill Road on a 1.55-acre site. Environmental Assessment: A Negative Declaration has been prepared. Contract Planner Nancy Hutar said the Planning Commission unanimously recommended approval of the project to the City Council. The Planning Commission and staff believed the project was sensitive to the open space environment with respect to its size and design. There were aspects of the site and situation that rendered support of the findings for approval of a variance. Leah Feliz, applicant, 3810 Page Mill Road, respected the open space but noted the property did not have much space for an addition. An addition to the back of the house as well as a second story were considered. The house was surrounded by trees which hid the house. The idea was to mimic the existing roof, architecture and topography. Mr. John Baca, 4171 Verdosa, wrote letters on the item to the City
relating to cumulative impacts of open space and the City=s record of dealing with open space properties. The City had a 100 percent record during the prior years of removing property from undeveloped open space. The ordinances and zoning should be changed to remove setbacks. The Council should ask staff to name two properties on the other side of Highway 280 that conformed to open space zoning. Staff might want to be asked how many acres were removed from undeveloped open space over the prior five years. The Council might not believe that contributed to any type of flooding. The Council would set a precedent. It was not wise for Palo Alto to present itself as in favor of preserving open space when the contrary was occurring.
Council Member Ojakian said Mr. Baca=s recent e-mail to the Council mentioned there was a new California Environmental Quality Act (CEQA) checklist since 1998 but indicated staff used an older checklist. Ms. Hutar said the newest checklist was used.
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Council Member Ojakian understood the concept of setting precedents regarding variances did not apply. City Attorney Calonne said yes. If the Council continuously allowed a variance for a particular standard, the Council would find itself unable to refuse a variance, but he did not see that with respect to Page Mill Road or the 200-foot setback. MOTION: Council Member Ojakian moved, seconded by Huber, to approve the Planning Commission and staff recommendations that the City Council approve the Negative Declaration, with a finding that the project will not result in significant environmental impacts; and approve the Variance and Site and Design applications for a two-story addition to an existing two-story, single-family residence, based on the findings and conditions. Council Member Ojakian said the applicant had shown sensitivity to the environment given the unique situation that the home was built in the 1960s prior to the current zoning ordinance. The applicants went out of their way to create a project that was the least intrusive to the area. Council Member Mossar agreed with important issues raised by Mr. Baca. It would be useful to know whether the only similar situations were substandard lots or whether there were situations on subdivided lots in the Open Space (OS) zoning that did not currently conform. She did not want the Council setting standards for an applicant to continuously come to the Council for approval of a hardship situation. The lands were important to the City, and maintaining the land as open space with some residential
development was the Council=s goal. She did not want to see a pattern of redevelopment in the hillsides. MOTION PASSED 8-0, Kniss absent. ORDINANCES 6A. (Old Item No. 8) Ordinance of the Council of the City of Palo Alto Adding Chapter 8.10 to Title 8 of the Palo Alto Municipal Code Regarding Tree Preservation and Management Requirements Chief Planning Official Eric Riel said the Council adopted an Urgency Ordinance on February 2, 1999, which provided for additional protection measures for protected trees as well as clarified various discrepancies within the ordinance. The current item before the Council combined the Urgency Ordinance changes into the permanent tree preservation ordinance. The Planning Commission reviewed the proposal and recommended unanimous approval. Staff recommended approval subject to conditions in the staff report (CMR:249:99).
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Council Member Mossar clarified the City was forced to rely on owners of properties to disclose heritage trees when requesting permission to build. Mr. Riel said that was correct. As part of the application process, the homeowner had to tell the City where the tree(s) were located on the property. Council Member Mossar asked what happened when the owner did not disclose a heritage tree on the map submitted to the Planning Department. Mr. Riel said staff did an onsite verification. The applicant would be approached if something was identified as not noted on the map. Council Member Eakins noted that the ordinance did not include elaboration of species covered. Mr. Riel said there were two types of oaks and any type of heritage tree nominated by the property owner. Council Member Eakins noted that the proposed tree ordinance was not expansive. Mr. Riel said most tree protection ordinances covered a variety of trees, and it was unique to have only two trees covered. Council Member Eakins asked whether tree size was covered.
Mr. Riel said the covered trees were over 11 2 inches in diameter. MOTION: Council Member Mossar moved, seconded by Wheeler, to approve the staff recommendation that the Council introduce an ordinance amending the existing Tree Preservation Ordinance to insure the protection of specified protected oak and heritage trees. Specific changes to the Ordinance are as follows:
1. Creates the definition of Αbuilding footprint≅ and
modifies Αexcessive pruning≅ to insure consistency with national tree care standards. 2. Specifies protection for trees outside the building footprint. 3. Includes provision for appeal that is not a part of the existing Ordinance. 4. Modifies various grammatical errors and other language to properly integrate the proposed changes into the existing Ordinance.
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Ordinance 1st Reading entitled ΑOrdinance of the Council of the City of Palo Alto Adding Chapter 8.10 to Title 8 of the Palo Alto Municipal Code Regarding Tree preservation and
Management Requirements≅ MOTION PASSED 8-0, Kniss absent. 7. PUBLIC HEARING: Resolution of the Council of the City of Palo Alto Determining That the Public Interest and Necessity Require the Acquisition of Certain Land, and Directing the Filing of Eminent Domain Proceedings Amarillo Avenue and Embarcadero Way Relief Sewer Project APNS 008-03-046 (Harbor Investment Partners); 008-03-072 (Stuart Leeb, et Al.); and 008-03-062 (Narinder Kapany) Manager Real Property Bill Fellman said the eminent domain
proceedings were necessary to assure the City=s possession of the property in a sufficient time to select a contractor and begin work on a timely basis. Ms. Cheryl Scibetta, AMP Inc., 2525 East Bayshore Road, said parking spaces were limited and the loss of fifteen additional spaces would be a hardship. Concern was expressed about the amount of work time that would be interrupted by construction trucks that would pass through the property. She asked for time to work out the parking situation and suggested that eminent domain proceedings might be placed on the property next door which had more parking. Mayor Fazzino asked how much parking AMP had. Ms. Scibetta said there were approximately 70 parking spaces. Council Member Mossar questioned whether AMP was approached by the City of Palo Alto, and noted that Palo Alto recently received grant funding and was looking for corporate partnerships. A shuttle ran from the California Avenue train station to the East Bayshore area in the mornings and evenings. Ms. Scibetta was not approached but would explore that alternative. Mayor Fazzino closed the Public Hearing. MOTION: Council Member Huber moved, seconded by Schneider, to approve the staff recommendation that Council approve and authorize the Mayor to execute the Resolution determining that the public interest and necessity require the acquisition of certain land, and directing the filing of eminent domain proceedings (providing negotiations to acquire the property are not successful) for the Amarillo Avenue and Embarcadero Way Relief Sewer Project.
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Resolution 7851 entitled ΑResolution of the Council of the City of Palo Alto Determining that the Public Interest and Necessity Require the Acquisition of Certain Land, and Directing the Filing of Eminent Domain Proceedings. Amarillo Avenue and Embarcadero Way Relief Sewer Project APNS 008-03-046 (Harbor Investment Partners); 008-03-072 (Stuart Leeb, et
al.); and 008-03-062 (Narinder Kapany)≅ Council Member Huber understood the project would disrupt parking and trusted the staff would continue to work with the AMP. The business appeared to be overparked, but the City could not afford to delay the project. Council Member Ojakian asked what would guarantee the trucks would stay on the frontage road and avoid Amarillo Street. Water-Gas-Wastewater Engineering Manager Roger Cwiak said there would be trucks on Amarillo Street between the frontage road and the pits that needed to be dug on Amarillo Street adjacent to Greer Park. Council Member Ojakian clarified there should be no trucks coming down Amarillo Street or on Amarillo Street above Greer Park. Mr. Cwiak said that was correct. The frontage road to Highway 101 would be used. City Manager Fleming said maps and truck routes were given to the Traffic staff in the Police Department in order for the staff to be vigilant about enforcement of the approved routes. MOTION PASSED 8-0, Kniss absent. REPORTS OF OFFICIALS 9. Construction Contract Between the City of Palo Alto and Mountain Cascade Inc. for Amarillo Avenue and Embarcadero Way Relief Sewer Project Amendment No. 2 to Consultant Contract No. C7085061 Between the City of Palo Alto and Kennedy/Jenks Consultants, Inc. for Amarillo Avenue and Embarcadero Way Relief Sewer Project Council Member Ojakian was curious how different contractors calculated their bids. For instance, the lowest bidder, Mountain Cascade, came considerably under others on certain items in the project and on other items, Mountain Cascade was over. Water-Gas-Wastewater Engineering Manager Roger Cwiak could not speak for the contractor as to costs.
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MOTION: Council Member Huber moved, seconded by Schneider, to approve the staff recommendation as follows: 1. Approve and authorize the Mayor to execute the contract with Mountain Cascade Inc. in the amount of $4,253,500, for Amarillo Avenue and Embarcadero Way Relief Sewer Project. 2. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with Mountain Cascade Inc. For related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $425,350. 3. Approve and authorize the Mayor to execute Amendment No. 2 to Consultant Contract No. C7085061 with Kennedy/Jenks Consultants, Inc. in the amount of $599,073 for Task 7, Support During Construction, project construction management services for the Amarillo Avenue and Embarcadero Way Relief Sewer Project. 4. Authorize the City Manager or her designate to negotiate and execute one or more change orders to the consultant contract with Kennedy/Jenks Consultants, Inc. The total value of which shall not exceed $60,000. 5. A separate staff report (CMR:243:99) recommends that Council approve and authorize the purchase of the required rights of way for the Amarillo Project, through either eminent domain proceedings or negotiated settlements. MOTION PASSED 8-0, Kniss absent. COUNCIL MATTERS 10. Council Comments, Questions, and Announcements Council Member Mossar spoke regarding the Bocce Ball Tournament on Thursday, June 17, 1999. Council Member Schneider announced that her daughter was nominated and won an Emmy award for spot reporting as an anchor for WDTN-TV. ADJOURNMENT: The meeting adjourned at 8:45 p.m.
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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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