CITY COUNCIL AND COMMUNITY DEVELOPMENT AGENCY MINUTES

Regular Meeting Tuesday, October 23, 2001 7:30 p.m. Menlo Park Council Chamber 801 Laurel Street, Menlo Park

7:30 P.M. REGULAR MEETING

ROLL CALL – Mayor Jellins called the meeting to order at 7:35 p.m. Mayor Pro Tem Schmidt and Councilmembers Kinney, Collacchi, and Borak were present. Staff present included City Manager Boesch, Assistant City Manager Seymour, City Attorney McClure, City Clerk Ramos and several department heads.

A. PRESENTATIONS AND PROCLAMATIONS

1. Presentation by Art Jensen, the general manager of the Bay Area Water Users Association (BAWUA) regarding the San Francisco Water System capital needs and the impact on Menlo Park.

Art Jensen provided a presentation with overheads highlighting water system service areas, agency members, entitlement process, earthquake risks, aging facilities/pipes, governance and voting process. He encouraged the Council to attend an upcoming meeting on October 30, 2001 in Palo Alto. He responded to questions on various issues including the current status, assessment of risks, leadership roles, action plans, and goals.

B. APPOINTMENTS, ANNOUNCEMENTS AND REPORTS

1. Announcement of Current Vacancies on Commissions

Menlo Park Community Mediation Service – two current vacancies. (Terms will be determined at a later date).

Mayor Jellins announced the presence of the Menlo Park Presbyterian Church cub scout pack in the audience to observe local government in action.

2. Councilmember Reports: Jellins, Schmidt, Kinney, Collacchi, Borak

Mayor Pro Tem Schmidt asked if the Council would be interested in considering a model resolution for the San Francisco runway expansion.

Councilmember Collacchi clarified that the Airport Roundtable deals with noise issues and does not have jurisdiction over the expansion project. However it was noted by the group that the proposed expansion would not require studying the impacts of over flights, just take offs. There is a sense from the Roundtable that the expansion will reduce noise. He suggested the Council could generate a resolution or find some other way to make the City’s voice heard.

Councilmember Borak inquired about recent legislation authored by Senator Speier which would give San Mateo County an equal footing in the environmental review process for the proposed expansion.

\\Menlocity2\CLK\Minutes\2001\City Council Minutes 10-23-01.doc Page 1

Mayor Pro Tem Schmidt indicated the legislation passed and said he thinks that authority rests with the County Board of Supervisors.

There was consensus to bring back a draft resolution for Council consideration at a subsequent meeting.

Mayor Jellins reminded the public about the upcoming Halloween event and reported that the grand opening of the Rosener House was a success.

City Manager Boesh announced the agenda was revised to correct the amount listed on agenda item D2. He also asked to pull agenda item D4 to provide clarification that this item is focused entirely on the conditions acted upon by the Council at a previous meeting and to clarify the staff recommendation regarding the carpooling condition.

C. PUBLIC COMMENT #1

Sam Bronfman, Phillips Brooks School representative, reiterated the school’s sincere interest to work with the neighbors. He questioned the amendments made by staff to conditions H and G. He said that consistent with the Council’s decision on October 2, 2001, he requested that Condition H be changed back to state that “the minimum carpooling participation rate be 40 percent of the student population”. He also requested that Condition G be changed to eliminate the ending times regarding the activities listed in the proposed conditions.

Zenona Zabdyr, Menlo Park, expressed disappointment with Council’s decision to discontinue the donation of time for public comments.

Joze Zabdyr, Menlo Park, questioned the issuance of bonds in order to meet the needs of the City. He said the City did not provide sufficient time for the public to discuss and provide feedback about the proposed bonds.

D. CONSENT CALENDAR

Mayor Jellins read the consent calendar listed below and pulled item D4 as requested by staff.

M/S Schmidt/Kinney to approve consent calendar items 1, 3 and 5 as presented and item 2 as amended per the correction noted earlier by the City Manager. Motion passed 5-0.

1. Audited bills for periods 15 and 16 ending October 4 and 12, 2001 and for pay period 21 ending October 6, 2001. 2. Adoption of a Resolution awarding various contracts for vehicle and equipment replacements and purchases for a total amount of $256,922. 3. Adoption of a Resolution 1) approving an application, in collaboration with the Joint Powers Authority, for grant funds in the amount of $250,000 from the Proposition 12 Urban Recreational and Cultural Centers, Museums, and Facilities for Wildlife Education or Environmental Education Program for the development of pocket parks along the City owned portions of San Francisquito Creek; and 2) making the finding that the proposed project is categorically exempt from CEQA requirements.

PULLED 4. Approval of conditions appended to a use permit revision granted to Phillips Brooks School, located at 2245 Avy Avenue.

Councilmember Kinney recalled the Council’s previous action to approve a 20 percent student population carpooling and after some discussion accepted a 40 percent student population carpooling as opposed to carpooling from families. He asked staff to clarify the conditions about the crossing guard and the times for ancillary activities. \\Menlocity2\CLK\Minutes\2001\City Council Minutes 10-23-01.doc Page 2

Staff responded that the condition for the traffic safety study (Condition H) has not been modified since the Council approved it. Even though the Council agreed to eliminate the crossing guard requirement, it was staff’s understanding that Condition H regarding the traffic safety study was intended to apply more than the crossing guard, particularly whether or not other items will be identified to improve safety. These items would be identified by the applicant in their traffic safety program which would be submitted to the City’s Transportation Division for review and approval. Regarding Condition 3G about the ancillary times, staff clarified that it was their understanding that Council wanted detail added to this condition through the creation of a list of uses and their times. Since the school provided staff with this information, staff felt it was acceptable to include it in the condition when one of the opponents requested it. She noted that the concern expressed earlier by the school pertained to the need to list the actual hours.

Councilmember Kinney moved to approve a 40 percent carpooling on student population for Condition H and asked for further clarification regarding Condition G.

Sam Bronfman clarified that the issue for the school is that it holds several board meetings with varying ending times. He would like the times for those activities to be open ended.

Councilmember Collacchi suggested that the applicant establish a list of the after school activities and their times and submit that information to staff to include in Condition 3G. He expressed concern about the City obtaining its ground counts from the school instead of establishing its own.

City Manager Boesch noted staff could prepare the ground counts and review the environmental analysis that had been conducted on the proposed facility in Woodside.

Councilmember Borak expressed concern about Condition 3D regarding student population and would like the City to evaluate enrollment sooner than August or September so that a determination for extension of the use permit could be made before the school commits itself to a particular enrollment.

City Attorney McClure noted that Conditions I and J require the Planning Commission to review the use permit in April 2002. He suggested the Council could add language to state that, if the applicant wishes to request an extension of the use permit, the applicant must submit the request prior to April 2002 so that it could be included in the Planning Commission’s review at that time.

Councilmember Borak commented about Council’s goal to reduce existing trips. She stated that a 40 percent student population carpooling is the status quo and said she was hoping to obtain a higher goal to effect a trip reduction.

Mayor Pro Tem Schmidt expressed concern about the school’s generated trips. He recognized the role of project’s opponents to communicate the concerns of those in the neighborhood being impacted by the school. He commented that based on the number of trips, a definition of carpooling based on the student population will not help the traffic situation as much as carpooling from families could. He reiterated his support for a 50 percent carpooling rate and would support staff’s recommendation to define carpooling as that from families for this interim period. He also commented that it is important for the City to enforce a penalty for non-compliance with the conditions of approval.

Sam Bronfman, Phillips Brooks School, reiterated that the intent of the 40 percent student carpooling as previously approved by the Council was an interim goal while the school worked with staff to evaluate ground trips. He stated that the school is willing to make a recommendation to the Council when it comes back in January, on how the school can be held accountable for the trips generated. He reiterated the schools efforts to active pursue a 40 percent carpooling goal. He asked the Council to leave the conditions as they were previously approved. Regarding the school’s ancillary activities, he \\Menlocity2\CLK\Minutes\2001\City Council Minutes 10-23-01.doc Page 3

suggested changing the language listed under 3G to read, “the school’s hours of operation shall be extended to ten p.m. except for the monthly board meetings which would be allowed to go until completed…”. He also suggested changing the language regarding the regular school activities to reflect a start time of 7:30 a.m. to 3:30 p.m. as opposed to 8:00 a.m. to 3:30 p.m.

Discussion ensued regarding the school’s start times and ancillary times.

Mayor Pro Tem Schmidt said he would not want to attach a specific time to each one of the after- school events. He expressed support for the 8:30 p.m. end time.

City Attorney McClure suggested changing language to reflect that the school operations will be extended with a goal ending at 8:30 p.m. except for the monthly board meetings which would be allowed to occur until a time certain to be approved by the Council.

Councilmember Kinney moved to change language under condition 3H to reflect an interim goal of 40 percent carpooling from the student population and to allow for flexibility under condition 3G to have a goal as articulated by the City Attorney.

City Attorney McClure restated the proposed language for condition 3G to read, “All student instruction and regular school activites shall continue to be limited to the hours of 8:00 a.m. to 3:30 p.m. The school’s hours of operation shall be extended with a goal of ending at 8:30 p.m. except for the monthly board meetings, would be allowed to occur until completed, (or until a pre-approved time by the Council) for the following ancillary activities”, and list the related activities. He added that this could be revisited in April when it returns to the Planning Commission at that time.

Councilmember Kinney suggested establishing 11:00 p.m. as an end time for the monthly board meeting.

City Attorney McClure suggested adding another condition to state, “If the applicant desires to extend this revision, allowing a student population of 276 and a teacher population of 33 beyond June 30, 2002, the applicant shall submit such application for extension prior to April 2002 for consideration by the Planning Commission.

M/S Kinney/Collacchi moved to approve the proposed conditions with the following amendments: 1) To add a condition to require that if the applicant wishes to request an extension of the use permit that the applicant submit the request prior to April 2002 so that it can be considered by the Planning Commission at that time; 2) To amend language under condition 3H to reflect an interim goal of 40 percent carpooling from the student population; 3) To amend language under condition 3G to read, “All student instruction and regular school activities shall continue to be limited to the hours of 8:00 a.m. to 3:30 p.m. The school’s hours of operation shall be extended with a goal ending of 8:30 p.m. except for the monthly board meetings, which would be allowed to occur until 11:00 p.m.

Mayor Pro Tem Schmidt stated he would not support the motion for carpooling unless it is redefined to apply to families, not the student population, and suggested an amendment to the motion to reflect this.

There was no amendment made and Mayor Jellins called for the vote.

Motion passed 3-2 with Councilmember Borak and Mayor Pro Tem Schmidt dissenting.

5. Adoption of a Resolution supporting Ballot Measures D and E of the Las Lomitas Elementary School District.

Adoption of a Resolution supporting Measure G of the Sequoia Union High School District.

\\Menlocity2\CLK\Minutes\2001\City Council Minutes 10-23-01.doc Page 4

E. PUBLIC HEARING - None

F. REGULAR BUSINESS

1. Approval of an Agreement with Brown Vence and Associates in the amount of $89,278 to conduct a feasibility study of possible revenue generating uses at Bayfront Park and approval of a total budget in an amount not to exceed $98,278.

Assistant City Manager Seymour presented the staff report.

Staff responded to questions regarding process for Tasks 1 and 2, landfill regulatory implications, and costs.

M/S Kinney/Schmidt to approve item F1 as presented. Motion passed 5-0 .

2. Consideration of legislative items listed in the League of Cities Bulletin(s), or items referred to in Written Communications or Information Items, including decisions to support or oppose any such legislative, communication or information item – None.

G. WRITTEN COMMUNICATIONS

1. Letter dated October 11, 2001 from Assemblyman S. Joseph Simitian regarding an opportunity to schedule a meeting between the Council and the Assemblyman to discuss issues of common concern.

There was consensus to direct staff to schedule this meeting.

Mayor Jellins made an announcement about the Commissions/Committees appreciation dinner tomorrow night.

H. INFORMATION ITEMS – None

I. PUBLIC COMMENT #2

Peter Colby, Menlo Park, commented about the presence of wildlife (raccoons) in the community and the use of live traps for these animals. He questioned the City spending money to improve Bayfront Park when it is clear that its use would be for wildlife and running or jogging activities.

J. ADJOURNMENT – Mayor Jellins adjourned the meeting at 9:20 p.m.

Respectfully yours,

Susan A. Ramos, CMC City Clerk

\\Menlocity2\CLK\Minutes\2001\City Council Minutes 10-23-01.doc Page 5