HomeMy WebLinkAbout2003-09-08 City Council (3)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: September 8, 2003
SUBJECT: PROPOSED POLICY REGARDING
CONTINUANCES OF PUBLIC HEARINGS
CMR: 420:03
REQUESTS FOR
RECOMMENDATION
Staff and the Policy and Services Committee recommend that the City Council review
and adopt the proposed policy on requests for continuances of development application
hearings.
COMMITTEE REVIEW AND RECOMMENDATIONS
Staff presented a draft policy to the Policy and Services Committee at its meeting of
February 10, 2003. The staff report has been provided as Attachment A and the meeting
minutes have been provide as Attachment B. The Committee discussed existing practice
regarding requests for continuances, and the need for an even-handed policy that allowed
for extraordinary circumstances. There was also some discussion of a similar policy that
has been successfully implemented in the city of Saratoga. The Committee was in
support of the proposed language. The Committee unanimously (3-0 vote) accepted the
proposed policy and recommended its adoption to the City Council.
ATTACHMENTS
Attachment A: CMR 163:03 Proposed Policy Regarding Requests for Continuances of
Public Hearings
Attachment B: Policy and Services Committee Meeting Minutes, February 10, 2003
CMR:420:03 Page 1 of 2
DEPARTMENT HEAD:
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
~HARRISON
Assistant City Manager
CMR:420:03 Page 2 of 2
City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
ATTENTION: POLICY AND SERVICES COMMITTEE
FROM:CITY MANAGER DEPARTMENT: PLA2~rNLNG AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
FEBRUARY 10, 2003
PROPOSED POLICY REGARDING
CONTLN-UANCES OF PUBLIC HEARINGS
CMR: 163:03
REQUESTS FOR
RECOMMENDATION
Staff recommends that the Policy and Services Committee review the proposed policy on
requests for continumaces of development application hearings and recommend
adoption by the City Council.
BACKGROUND
Continuances, whether requested by the applicant or the project opponents, have been
N-anted on an ad hoc basis. Many times unforeseen circumstances result in requests for
continuances being made at the last ~minute and after public notices have already
occurred. Stakeholders can only find that an item has been continued at the evening
meeting. On October 15, 2002, the City Council referred to the policy and Services
Committee the development of a policy to address this concern.
DISCUSSION
A consistent and equitable policy regarding continuances can serve to
continuances and increase the public’s participation in the hearing process.
staff reco~mr~ends that the Policy and Services Co~mnittee consider the
language:
minimize
Therefore,
following
"Requests for continuances, whether made by applicants, project
proponents, project opponents, or appellants, shall be considered by
reviewing bodies such as the Historic Resources Board, Architectural
Review Board, Pla.nning and Transportation Commission or City Council.
Because unforeseen circumstances may prevent one or more parties from
pa~cipating in the proceeding, initial requests from any interes.ted party
shall be generally acceptable. After one initial request, no further
Clv~:163:03 Page 1 of 2
consideration of requests for continuance will be considered from any
interested party unless extreme, extraordinary conditions are present in the
determination of the reviewing body. In short, one continuance from either
the project proponent or opponent will be considered."
DEPARTMENT HEAD:
ST~ E~$LIE
Director of Planning and Community En-v’ironment
CITY MANAGER APPROVAL: ~, ~t_’_~-~EMmf nSON
Assistant City Manager
CMR: 163:03 Page 2 of 2
POLICY AND SERVICES COMMITTEE
MINUTES
Regular Meeting
February 11, 2003
2.
3.
4.
ADJOURNMENT:
Oral Communications ...............................................................................2
Youth Master Plan Report .........................................................................2
Proposed Policy Regarding Requests for Continuances of Public Hearings ........9
Discussion for Future Meeting Schedules and Agendas .................................11
The meeting adjourned at 8:05 p.m ........................................11
02/11/03 P&S: 1
Chairperson Burch called the meeting to order at 7:03 p.m. in the Council
Conference Room, 250 Hamilton Avenue, Palo Alto, California.
1.
Present:
Absent:
Burch, Lytle, Ojakian
Kleinberg
Oral Communications
None.
2.Youth Master Plan Report
Assistant to the City Manager Chris Mogensen said the idea for a Youth Master
Plan (YMP) originated at a joint study session between the Council and the Palo
Alto Youth Council (PAYC) in March 2000. The goal was to develop a focused
and organized approach to the delivery of programs and services to youth and
their families. Staff had worked along with the YMP steering committee, PAYC,
and members of the community to ultimately produce the YMP.
Director of Community Services Paul Thiltgen said because of staffing changes
and the death of a City staff member involved in the YNP, the project had taken
time to complete. Praise was given to Dawn Calvert, Superintendent of
Recreation, who put the final document together, having done most of the
writing and document finalization. The effort was greatly appreciated. The PAYC
was thanked for providing the input and impetus for the project.
Superintendent of Recreation Dawn Calvert said the YMP was created by teens
for all teens in Palo Alto. The YMP included a report about the challenging
process through which the YMP went, beginning in March 2000. The YMP
steering committee had a vested interest in the community’s youth. The work
of the committee was outlined in the staff report (CMR:148:03). ReCreation
staff recommended the Policy and Services (P&S) Committee accept the. YMP
report as presented. Nick Way, ]essica Lee, and other Palo Alto Youth Council
members were introduced.
Youth Council Member Nick Way provided background on the purpose of the
YMP, which resulted from a joint study session between the PAYC and Council
in March 2000. The YMP was defined as a process focusing on an organized
approach to the delivery of programs and services for youth and their families.
Youth Council Member ]essica Lee said the YMP steering committee was
comprised of 40 members representing organizations such as City Council
Members, school officials, Police Department employees, teens from the
02/11/03 P&S:2
community, and various non-profits. The vision statement was, "That all youth
in Palo Alto will have safe, healthy, and positive experiences that support them
in the development of behaviors, skills, attitudes, knowledge, and values
necessary to realize their potential."
Youth Council Member Way said the purpose or mission statement of the YMP
steering committee was, "To engage and support the Palo Alto community’s
middle and high school youth and their families." It was determined that a YMP
would benefit the Palo Alto community by: 1) determining existing services and
overlaps in teen services; 2) identifying service gaps, addressing the needs of
all youth and teens in the community; and 3) evaluating the developmental
assets and skills needed by youth to grow into health adults.
Youth Council Member Lee said members of the YMP steering committee, the
PAYC, teen advisory boards, and other community members came together to
unite on common goals in order to support the youth and teens in the
community. The objectives initiated by the youth included: 1) to encourage
and continue to provide opportunities for youth participation; 2) to improve
communication and awareness of youth recreational and social programs; and
3) to ensure ongoing collaborative process that coordinated, supported and
monitored youth programs and services.
Youth Council Member Way said once the objectives were defined, the goals
were developed by youth focus groups to address the objectives. The goals
were broken down into three action steps: 1) action steps completed; 2) short-
term action steps; and 3) long-term action steps. The first goal was to
encourage and continue to provide support for youth participation. Young
people needed safe, healthy, and fun activities to engage in positive behavior
and grow into healthy adults. A few of the action steps completed thus far
included a youth drop-in center at Mitchell Park Community Center created by
teen recreation staff for which City staff coordinated a shuttle service for after-
school transportation at Gunn and Palo Alto High Schools. City staff also
created and implemented teen band nights. A few of the short-term action
steps included a video documentary by PAYC describing the top ten fun things
for teens to do in Palo Alto. City staff also would evaluate the fee waiver
program. In the long-term, innovative marketing strategies would be
developed to target teens. The second goal was to improve communication and
awareness of youth programs. Many youth and families were not using
available resources due to communication barriers. A few of the action steps
taken so far included creation of a website by the Palo Alto Weekly and the
PAYC for teen activities on "Palo Alto On-Line." Teen members of the YMP
marketing committee wrote articles to recognize peer accomplishments in a
local newspaper. A few of the short-term action steps included collaboration by
02/11/03 P&S:3
City staff with local agencies to obtain information on services that were of
interest to teens. ]:n the long-term, a Palo Alto youth would be appointed to
every commission related to issues and activities for the age group.
Youth Council Member Lee said the third goal was to ensure ongoing
collaboration to support youth programs and services. The YMP would be
evaluated by teen councils and appropriate City commissions as needed. The
action steps already completed included implementation by City staff of a
summer survivor camp for middle school students in collaboration with the Palo
Alto Unified School District (PAUSD) and collaboration with Mitchell Park Library
and Community Center to offer an after school drop-in program. The short-
term action steps included reviewing existing programs to create an approach
in designing new youth programs. In the long-term, collaboration would occur
between community agencies. An annual review of the YMP would occur in
order to implement the projects related to the goals by the PAYC. To achieve
the goals, Recreation staff recommended the City continue to provide: 1)
encouragement to continue to provide opportunities for youth participation in
the community; 2) improve communication and awareness of youth
recreational and social programs; and 3) ensure ongoing and collaborative
processes that coordinated, supported, and monitored youth programs and
services. The youth groups recommended: 1) continuing to provide adequate
and current staff support for planning and implementing the goals; 2) providing
opportunities for teens to meet with City Council Members and City
commissions regularly; and 3) continuing to provide youth development
programs that were regularly evaluated for effectiveness.
Youth Council Member Way said the PAYC would refer to the YMP annually and
implement new projects related to the goals in the plan. City recreation staff
would continue to collaborate with agencies serving youth and teens in the
community. Biannually, the PAYC would evaluate the YMP to determine the
overall effectiveness of the action items identified in the yIvlp and make
adjustments based upon current trends and issues involving teens in the
community.
Chairperson Burch thanked the PAYC members for their presentation and the
work that went into the YNP.
Council Member Ojakian thanked staff and his colleagues. He asked what the
PAYC considered the key value of the YMP.
Youth Council Member Way said the most important aspect of the YNP was the
fact that it was not just a short-term solution, but addressed both short and
long-term needs affecting teens in the community. The yIvlp was designed to
02/11/03 P&S:4
act as a guideline to help deal with teen issues. The YMP was merely a starting
point on which the City could build.
Council Member Ojakian asked whether anything was missing from the YMP.
Youth Council Member Lee said the YMP took a long time because so many
different teens were affected. Finding just one document to address the needs
of a variety of teens was difficult, but the YMP was a good start.
Council Member Ojakian said from the beginning, the desire was for the YMP to
be a youth-driven process, not just another document put together by adults
for adults. He hoped younger members of the PAYC and others in the
community were given an opportunity to make the document a living
document. The idea for the document had come from a 1992 study at the
League of California Cities (LCC) and was put together by several other cities
in the State. A Council Member who had been on the 1992 LCC committee put
the document from Inglewood together. The Inglewood process was a good
document because the youth of that city had helped put together the action
items. He thought the names of some of the youth on Palo Alto’s committee
should be included in the document, not just the adults. The youth committee
was comprised of a cross-section of the community from a variety of different
backgrounds, all of who deserved credit and recognition. He appreciated the
fact that Debbie Moore’s name was included in the document, since she spent
a lot of time on the document during its first year. Unfortunately, she passed
away, but she deserved a lot of credit. The structure of the document was very
good. The whole idea was to have goals and include action items. Some of the
thinking that went behind the document and which he hoped his colleagues
bought into, was that in the current world, youth centered their lives around the
contemporary theme of the time. Besides dances, youth were involved in
computers and science. For everyone to have an enriched experience, it was
important to provide activities and for the youth to communicate about things
that added to their experience. It was important to have youth involved in
different committees such as the Parks and Recreation Commission (PARC) or
the Human Relations Commission (HRC), etc. Youth groups should also become
involved in community activities. He was very impressed with Hampton,
Virginia, where a youth committee created a bicycle boulevard layout. The
town realized the heaviest bicycle users were the youth. His ultimate goal was
for people from the community’s youth to be involved in community activities.
The result was an over-all enrichment. He hoped some of the action items
would include measurable results in order to determine whether.things were
working. In terms of funding, he assumed some, if not all, was coming from
what was done in the Downtown garage room. The room would be leased. A
portion of the proceeds would help pay the debt and the rest would be tied into
youth programs. He agreed with the need for continued staff involvement.
02/11/03 P&S:5
Mr. Thiltgen said funding was tied into longer-term funding. The Downtown
garage had yet to be completed.
Council Member Lytle thanked staff and the youth participants. The YMP was
outstanding. She also liked the format and layout, which was very action-
oriented. She was glad to see the youth had already taken steps and gotten
things done. She hoped the PAYC of 2000 could share the product of their
original leading. The document was something to be proud of, since the youth
demanded the City enter into the exercise. The youth would be its own best
advocates and should be kept involved in the processes. One way of
accomplishing involvement was to have youth breathe some life into some of
the traditional adult events; for example, the Black and White Ball was failing
to attract the type of participation that was hoped. If a youth tent were set up,
parents would come. Another event was the May Fete Parade. The more
partners that were brought in, the bigger it would become. The youth could
become the bridge. Within the goal of finding the youth healthful and safe
activities was the inventory that resulted in identifying organizations and places
in town for having fun. Over time, the space for such activities was shrinking
as land values increased. School properties were lost in the 1970s and,
although fields were preserved, space for youth was lost. The YMP, in tandem
with the City’s Field Advisory Report, put the picture into focus for the City and
youth. Many properties were threatened such as the Palo Alto Bowl, which was
one of the two big recreation sites that was clearly an under-utilized piece of
property that would eventually redevelop. Whether the City could maintain
some type of recreational use or replace it as the property redeveloped was
unknown. She did not see people coming up with solutions for creating new
space and opportunity for youth, particularly since the population was
increasing. Signs of stress were being seen throughout the community. Palo
Alto High School had seen many examples of youth needing more fun in their
lives. The more that could be done to draw attention to the issue of space
needs, the better. As properties like the Elks Club came on the market, people
needed to think about a complex. Adult advocates for athletic centers and
recreational needs were needed. Other cities were finding ways of building new
parkland and creating land use for recreation purposes. The responsible adult
community needed to become aware of the need to pick up some sites and find
benefactors to help with recreational needs. The more alternatives there were,
the better. The Palo Alto High School campus formerly had 20 acres of field
space, which was being covered with portables, etc. Although the economy was
not amenable to land purchases, the City did have a source of funding in the
development impact fees, which covered community recreation facilities and
parklands that would begin to accumulate. There were people in town who
02/11/03 P&S:6
would be willing to help with youth activity fields, including the people who put
together the field study for the leagues, etc.
Chairperson Butch asked how Gunn High School was involved.
Youth Council Member Lee said the group was comprised of half Palo Alto High
School students and half from Gunn High School students. The teen advisory
board was primarily from Gunn High School.
Chairperson Burch agreed with the suggestion to include a list of all of the
youth participants to show representation from all of the schools.
Ms. Calvert said an addendum to Youth Master Plan document to insert Youth
Council names would be included.
Youth Council Member Way said three teen organizations were involved in the
PAYC including the Teen Advisory Board, which handled more of the teen
activities, and the .Junior Advisory Board, which was comprised of middle school
students. An attempt was made to include a full range of teens from different
schools, ages, and backgrounds.
Chairperson Butch asked whether the PAYC wanted to ask the P&S Committee
anything or make a comment.
Youth Council Member Lee found it interesting that the P&S Committee would
mention the need for more space. Advertising events was one way to increase
attendance at some of the places because if people stopped attending, the
activities would cease.
Chairperson Butch said all three of his grandchildren were different. He had
been in the advertising and marketing business and understood how impossible
it was to be all things to all people. Some youth would never be reached with
the program. A determination needed to be made about who exactly the target
audience was and what that group wanted. Another target audience could then
be found. Some youth loved dances and some would not.
Youth Council Member Way said when the Council approved the request for the
space; a survey was conducted of teens from different schools in the district.
An overwhelming majority indicated a preference for more programs as
opposed to the space. A small minority really liked the teen center and used
it every day. The PAYC went with what it thought was right at the time, which
seemed to have been the right decision. When doing more work with the YMP,
more surveys would be taken of teens because surveys were important factor.
02/11/03 P&S:7
There was no way anyone could know without actually taking surveys about
what the youth wanted.
Chairperson Butch said although the Council was very interested in the PAYC
at the current time, things went in cycles and there were times when the youth
was forgotten. Not only did the Council need to find ways to involve the youth,
but also the youth needed to push on the Council. Council and the youth
needed to work together. ]:t was particularly important for the youth to be
present when there was an agenda item involving the youth.
Council Member Lytle agreed. A formal relationship between the Youth Council
and the City Council was important but was impossible when the meetings were
held on the same evening.
Council Member Ojakian agreed. However, if the Youth Council meetings could
not be changed from Monday nights, a Special Meeting could be created.
Council Member Lytle suggested youth internship programs be created by which
youth could work with Council Members on issues. She had personally worked
with youth who helped her track information, facilitate meetings for outreach
processes, etc. :It put her in touch with youth issues and helped her see on a
regular basis where youth came into the picture.
Youth Council Member Elizabeth Falcon said there were many opportunities for
youth and many projects. She thought the youth’s main focus should be to
work with organizations already providing opportunities, consolidating, and
making sure there was collaboration between the organizations. Another
section .was working with the City on issues separate from simply creating
programs. Many teens complained that the media image in the City was not
good for teens and when teens went into stores, they were harassed. The PAYC
thought meeting with City Council or the Chamber of Commerce might be
helpful. More communications would also be helpful because of the many
concerns expressed by teens.
Council Member Ojakian said any time an-activity was being presented; the best
way to get people involved was word of mouth. A significant part of business
was obtained through word of mouth; therefore, information about some of the
activities should to be passed along by the youth itself.
Chairperson Butch had never seen a copy of the Campanile or a copy of Fairday
delivered to the Council. The youth needed to make itself known by delivering
such materials to the Council and the Chambers and the Palo Alto Weekly.
02/11/03 P&S :8
MOTION: Council Member Ojakian moved, seconded by Lytle, that the Policy
and Services Committee recommend to the City Council acceptance of the
Youth Master Plan (YMP) report, including a commitment to provide adequate
staff support for planning and implementing the goals; opportunities for youth
to meet with City Council members and commissions regularly; youth
development programs which are regularly evaluated for their effectiveness;
and opportunities for addressing emerging and existing teen needs: Further, to:
1) ensure or reinforce that funding from the Downtown garage was forthcoming
for the youth; 2) consider opportunities for youth involvement in various
committees and community groups; 3) schedule regular annual meetings with
City Council; 4) annually update and review the Youth Master Plan; 5) provide
some measurements by which success of the document could be realized.
Mr. Thiltgen said the discussion had sparked some ideas for further youth
involvement and internships that would be further explored.
Chairperson Butch asked how soon the video would be completed.
Council Member Lytle asked about the ten top activities.
Ms. Falcon said the top activities included the Peninsula Creamery, Disco
Bowling at the Palo Alto Bowl, the Stanford Theater, Pizza my Heart,
Spankenberg Theater at Gunn, Break Dancing, Skate Bowl at Greet Park, Band
Nights, and Happy Donuts. There were approximately eight activities.
Chairperson Burch expressed an interest in seeing the video when it was
completed.
MOTION PASSED 3-0, Kleinberg absent.
Mr. Thiltgen asked whether the same presentation should be made to the full
Council.
Chairperson Butch said yes.
Parks and Recreation Commissioner Richard Beckwith was part of the steering
committee for the organization. He was pleased with the outcome. The youth
had done an excellent job. The presentation to the PARC was unanimously
approved.
Council Member Lytle suggested the PAYC present the video to the Palo Alto
Rotary and other service clubs.
3.Proposed Policy Regarding Requests for Continuances of Public Hearings
02/11/03 P&S:9
Assistant to the City Manager Chris Mogensen said the Council asked staff to
return with a proposal to the Policy and Services (P&S) Committee to consider
how requests for continuances were handled.
Director of Planning and Community Development Steve Emslie said when the
item came forth as a Council request; he mentioned to the City Manager’s
Office that he had gone through a similar process in another community where
the city had no policy regarding continuances. There was some perceived
abuse of the use of requests for continuances, particularly for applications. He,
therefore, was given the assignment. The proposal was a draft. The basic
premise was that things happened unexpectedly and should be acknowledged
but also should be handled even-handedly when there were two sides to an
issue. Many times when dealing with a land use question with two distinct
decisions, each position should be given one inadvertent continuance, after
which the item moved forward unless there were extreme circumstances in the
position and view of the appropriate viewing body. The policy worked in
Saratoga, where the policy was put into place and was essentially the same
language being recommended for Palo Alto.
Council Member Lytle thought the informal policy in Palo Alto was the same.
The reason it came up recently was because the informal policy was not
honored.
Council Member Ojakian thought there were two or three situations, but the one
that jumped out was when an applicant asked for a delay on a hearing for the
project because it turned out one or two Council Members were not going to be
present.
Council Member Lytle could not recall, but remembered the Council was not
being fair about something. The proposed policy reflected what the City
generally observed. Continuances sometimes occurred because of a staff error,
which would not count. Then there were extraordinary circumstances,
especially with the applicant. It was difficult to proceed on a land use
application with someone’s property if, for example, there was a death in the
family, etc.
Chairperson Butch asked how the City slipped the previous evening.
Mr. Emslie said the individual process was a two-step process. Staff was
instructed to inform all parties and not assume everyone knew. There was no
requirement because it had not gotten to the public hearing. It was the meeting
before the public hearing.
02/11/03 P&S: 10
MOTION: Council Member Ojakian moved, seconded by Lytle, that the Policy
and Services Committee accept the proposed policy in the staff report
(CMR: 163:03) regarding requests for continuances of development application
hearings and recommend its adoption by the City Council.
MOTION PASSED; 3-0, Kleinberg absent.
Chairperson Burch thought the item could go on the Consent Calendar.
4. Discussion for Future Meeting Schedules and Agendas
Assistant to the City Manager Chris Mogensen said the next Policy and Services
Committee meeting would be held on March 11, 2003. Three items were
scheduled for the meeting: 1) Audit of the Code Enforcement; 2) Historic
Resources Board Recommendation regarding a Moratorium on the Death
Penalty; and 3) Anti-Discrimination Ordinance on Weight and Physical
Appearance as a Protected Group.
ADJOURNMENT: The meeting adjourned at 8:05 p.m.
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.
02/11/03 P&S: 11