CITY COUNCIL AND COMMUNITY DEVELOPMENT AGENCY MINUTES

Regular Meeting Tuesday, October 2, 2001 7:30 p.m. Menlo Park Council Chamber 801 Laurel Street, Menlo Park

6:00 P.M. STUDY SESSION Held in the conference room located on the first floor adjacent to the entrance of the Administration Building at 701 Laurel Street, Menlo Park.

1. Consideration of the initial report on the development of a Fiscal Impact Model.

Kris Schenk, Director of Community Development, introduced the Fiscal Analysis consultant, who reviewed the draft model. Council discussed the ways in which the model would be applied, the assumptions used and the next steps to finalize the model.

7:30 P.M. REGULAR MEETING

ROLL CALL – Mayor Jellins called the meeting to order at 7:40 p.m. Mayor Pro Tem Schmidt and Councilmembers Kinney, Collacchi and Borak were present. Staff included City Manager Boesch, Assistant City Manager Seymour, City Attorney McClure, City Clerk Ramos and several department heads.

A. PRESENTATIONS AND PROCLAMATIONS – None.

B. APPOINTMENTS, ANNOUNCEMENTS AND REPORTS

1. Appointments to the Arts, Environmental Quality, Housing, and Parks and Recreation Commissions

Councilmember Collacchi nominated Marina La Palma for reappointment to the Arts Commission, seconded by Councilmember Borak. There were no other nominations made. There was consensus to reappoint Marina La Palma to serve another term expiring September 30, 2005.

Councilmember Borak nominated Lee Duboc, Councilmember Collacchi nominated Stuart Zussman and Mayor Pro Tem Schmidt nominated Richard Cline for two appointments to the Parks and Recreation Commission. Mayor Jellins called for the vote and Ms. Duboc and Mr. Zussman were both appointed with a 4-1 vote to each serve a four-year term expiring September 30, 2005.

Councilmember Kinney nominated Mary Kenney for a reappointment to the Environmental Quality Commission, seconded by Mayor Pro Tem Schmidt. There was consensus to reappoint Mary Kenney to serve another term expiring August 31, 2005.

Councilmember Borak nominated Mary Ellen Murphy, a sole applicant, for appointment to the Housing Commission. There was consensus to appoint Mary Ellen Murphy to serve an unfinished term on the Housing Commission ending July 31, 2005.

2. Announcement of Current Vacancies on Commissions

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Mayor Jellins announced the current vacancies on the Menlo Park Community Mediation Service Committee and asked the Council its direction regarding staff’s request to extend the deadline.

There was consensus to extend the deadline until sufficient number of applications have been received.

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

Councilmember Kinney reported on the annual board meeting of the Joint Powers Authority (SFCJPA) on September 27, 2001, noting that an agreement was reached about the levy project east and west of Interstate101. He said that a report to Council will be forthcoming. Councilmember Kinney also reported on the meeting with Bay Area Water Users Association (BAWUA) regarding the Hetch Hetchy water system. He suggested that staff invite BAWUA’s executive director to speak to the Council.

Mayor Jellins invited the public to the next Meet the Mayor event on October 6 at 10:00 a.m. in the Recreation Center building. He announced that the City’s gymnastics program had some of its gymnasts participate in a recent state competition and placed 10th and 11th in the all around event. Lastly, he announced the cancellation of the next Council meeting and reminded the public that the last day to register to vote in the upcoming election is Monday, October 22, 2001.

C. PUBLIC COMMENT #1

Bernie Mellott, Menlo Park, thanked the Council and staff for their support and assistance to the Rosener House and invited them to tour the new facility.

D. CONSENT CALENDAR

Mayor Jellins read the consent calendar items. Councilmember Collacchi pulled item D8. Mayor Jellins pulled item D3.

M/S Borak/Schmidt to approve consent calendar items 1, 2, 4, 5, 6 and 7 as presented. Motion passed 5-0.

1. Audited bills for period 12 ending September 14, 2001 and for pay period 19 ending September 8, 2001. 2. Award of contract for the 2001-2003 Street Light Maintenance Program to A American Electrical and Service Co. in the amount of $72,070.35 and authorization to renew the contract for an additional two year term.

Pulled 3. Approval of the following agreements for the delivery of Transitional Kindergarten Services by the Menlo Park Peninsula Partnership Collaborative: (1) Resolution authorizing the acceptance of grant funds in the amount of $41,000 from the Peninsula Community Foundation to support the Menlo Park Transitional Kindergarten Program and approving a budget increase from $99,600 to $140,600 for the Peninsula Partnership fund. (2) Approval of a contract in the amount of $38,833 with the Ravenswood City School District for the delivery of Transitional Kindergarten Services.

Staff responded to questions regarding contract timing, delivery and scope of services, program description and funding.

M/S Jellins/Schmidt to approve item 3 as presented. Motion passed 5-0.

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4. Approve and authorize the City Manager to enter into an agreement engaging Orrick, Herrington and Sutcliffe LLP to provide Bond Counsel Services related to the Menlo Parks and Recreation General Obligation Bond Issue. 5. Approval of a funding request from Peninsula Volunteers, Inc. in the amount of $85,567 from the budget for the park at the former Fremont School site to fund off-site improvements at the Rosener House. 6. Adoption of a Resolution approving a contract between the City of Menlo Park and the Ravenswood City School District in an amount not to exceed $66,000 for the delivery of food services at the Belle Haven Child Development Center. 7. Authorization to extend an agreement with Advance Recruitment Advertising, Incorporated for a one year period in an amount not to exceed $80,000 for the purpose of providing recruitment advertising services.

Pulled 8. Award of contract to BMI Imaging Systems in an amount not to exceed $38,800 to implement Phase I of an electronic document imaging system and authorize the purchase of necessary hardware to support the proposed system in an amount not to exceed $30,600 for a total cost not to exceed $69,400.

Staff responded to questions about web access and Internet licensing.

M/S Collacchi/Borak to approve item 8 as presented. Motion passed 5-0.

9. Approval of the City Council Minutes of September 11, 2001.

E. PUBLIC HEARING

1. Consideration of an appeal of the Planning Commission approval of a use permit revision to allow for a temporary increase in the maximum allowable student population from 228 to 276 students, a temporary increase in the maximum allowable teacher population from 22 to 33 teachers, the retention of existing portable buildings on the project site, and an increase in the hours of operation for ancillary school activities at a private school located at 2245 Avy Avenue.

Jeff Smith, Assistant Planner, presented the staff report and noted that additional letters were received and copied to the City Council this evening. Jamal Rahimi, Transportation Manager, presented an overhead slide with projections regarding different carpool scenarios.

Questions and discussion ensued regarding carpooling, traffic counts, trip activities at peak hours, safety issues, the need for a crossing guard, parking, environmental reports, school capacity, student enrollment, and busing system.

Sam Bronfman, Board Chairman, Philips Brooks School, applicant, provided some background about the school and its plan to move to Woodside. He stated that the school has made an effort to take measures to minimize traffic. He expressed support for staff’s recommendation on carpooling but does not feel the need for a crossing guard and asked the Council to consider eliminating this requirement. He also expressed support to restrict parking on one side of Avy Street. He stated that the school is willing to comply with the City’s requirements and noted the conditions of the Planning Commission regarding a review of the use permit in six months. He felt that busing would be impractical due to the school’s staggered class schedule. He reported that the school is in the process of forming committees to address specific issues and it continues to encourage students and parents to carpool. He stated that the traffic volume generated by the school is less than the neighborhood traffic. He reported that enrollment is up by 26 percent, not 50 percent. He stressed that the school wants to be a good neighbor.

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Leslie Wambach, Menlo Park, appellant’s representative, stated that the school’s enrollment in the last five years has increased by 50 percent and that the school has not attempted to mitigate the traffic impacts of such an increase. She noted that the increased enrollment transpired without the school obtaining the necessary use permit or neighborhood support. She said that the majority of the increased traffic results from students arriving in cars who come from other cities and towns. She also said that the right hand turn only requirement on Avy Avenue causes additional congestion at La Entrada School and saturation at Alameda Road. She stated that neighborhood concerns revolve around the need to reduce school traffic and maintain safety for children and pedestrians. She suggested that this could be met by requiring mandatory carpooling, utilizing private school buses, and replacing the right hand turn only sign with a uniformed traffic officer on Avy Avenue. She noted that Las Lomita and La Entrada schools have gone through great lengths to mitigate school traffic and felt that the Phillips Brooks School should do the same. She submitted the Las Lomitas bus plan to the Council for review. Based on her observations, she disagreed that carpooling is currently utilized and suggested that for carpooling to be effective, it should constitute more than one family and not more than one child. Finally, she reported that the level of service on Alameda Road has degraded to a B rating based on a 2001 study.

Questions and discussion ensued regarding the level of service, increase in enrollment and the right hand turn only sign.

Mayor Jellins declared a recess at 9:30 p.m. He reconvened the meeting at 9:40 p.m. and opened the public hearing at that time.

Alison Johnston, Menlo Park, spoke about the larger benefit to the community from the school’s efforts to provide its students with opportunities to learn good citizenship through activities and fund-raisers. She also commented about the school’s core values and philosophy including open communication. She urged the Council to provide additional time for the school to reach a solution with the neighborhood.

Gail Sredanovic, stated that she believes that the 300-pupil capacity is intended for public schools where it is presumed that the school has to take the students that enroll, a busing system is available, and students live in the area and therefore walk or bike to school. She stated she conducted traffic counts in front of the school and did not see anybody coming or going on foot. She noted that based on the number of students and teachers, it would generate 1137 trips. She reported that at a meeting with the parents regarding the streetscape, they were enraged by the congestion on Avy Avenue even though it has been alleviated by the installation of a right turn lane down on the corner of Alameda Road. She also mentioned that Las Lomitas School uses a traffic guard. Se asked the Council to enforce stringent carpooling requirements and felt it is inappropriate for the City to allow the applicant to determine the traffic counts or the compliance with carpooling, and believes that those items should be determined by a qualified person.

Cindy Welton, Menlo Park stated that regardless of the traffic counts, there is a problem with the volume of families driving during peak hours. She is thankful that motorists do not park on the sidewalk anymore so she can drive her car up to the bus stop to pick up her son. The volume also becomes a problem when there are other activities at the school, but the parking that is available at a nearby church helps in that regard. She looks forward to working with the school to resolve traffic and congestion issues.

Carol Maibach, Menlo Park, felt that the school has a responsibility to the community to mitigate the large volume of traffic. She stated that carpooling at the school is a rare exception and should be made compulsory for everyone. She noted that driving one’s own children should not be considered as carpooling. She read a section of the policy of the German-American school that is located nearby that “all parents who wish to drive to campus on a regular basis shall participate in carpools” and encouraged the Phillips Brooks School to do the same.

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Lana Hess, Menlo Park, president of the school’s PTA, spoke on behalf of the PTA about the school’s carpool committee which is actively working to improve traffic in the area. She reported that parents have devoted much time to discussing carpooling and that there is a real commitment to explore it.

Ms. Hess read a letter from Diana Keller of Menlo Park, who commended the school on its prompt control of the traffic and parking situation on Avy Avenue by staggering student drop off times and instituting no parking zones. She stated that there are many volunteer parents counting cars at all times during the day to monitor traffic. She noted that the real issue is that motorists are using Monte Rosa Drive as a pass through to and Interstate 280. She asked that the community support both its public and private schools.

Joan Desmond, Menlo Park, concurred with Ms. Hess and stressed that all schools create traffic and are part of what makes a community great. She stated that Phillips Brooks School is committed to make carpooling work by stressing it constantly to the parents and students.

Joyce Massaro, Atherton, stated that 20 percent of the students at Philip Brooks School are Menlo Park residents. She explained that the concern about safety for the La Entrada school students could be alleviated because of the different class schedules of the two schools resulting in vehicular traffic from students arriving or leaving Phillips Brooks school not intersecting with foot traffic from students going to or leaving La Entrada school. She stated that the La Entrada plan does not address traffic in the local community and that they have backed up traffic daily. She noted that some cars leaving Phillips Brooks School carry five or six children. She reported that the staggered pick-up times currently in place is a response from input from the neighbors in 1996-1997. She stated that the school is currently evaluating carpooling and is committed to it. She clarified that the school’s early learning students attend school on Fridays and that the school has a class size of 18 students and not 24 to 25 which is the current capacity of the school per class. She observed that her role as the school’s crossing guard on Avy and Aschult Avenue since school started has not benefited the community because there are no unaccompanied children crossing the street during the school’s pick up and drop off times. Finally, she clarified that the German-American school’s carpooling policy that was read earlier was incorrectly stated and should read, “all parents and students who wish to drive on to campus on a regular basis to pick up or drop off their students or attend a class shall whenever possible participate in carpools”.

Tom Skoulis, Menlo Park, stated he currently carpools his child to the Phillips Brooks School. He asked that the Council give the school and the neighborhood time to be thoughtful and work together and come back in six months as conditioned by the Planning Commission. He felt that the school is not the only contributor to the traffic and noted other business establishments in the area that could also be contributing to the traffic.

Sally Anne Cooper, Menlo Park, expressed safety concerns for her daughter who attends La Entrada School. She believes the crossing guard could help mitigate safety, even if class schedules are different since there are many students who are dropped off at Phillips Brooks School before 8:00 a.m. She observed many cars dropping students off at the school with one child. She suggested that the observation made of 109 cars traveling to the school should be revisited to start counting cars at 7:30 a.m.

Betsy Matteson, Menlo Park, stated that she carpools her two daughters with another family and reiterated that the school has a strong commitment to carpooling and is continuing to make an effort to mitigate traffic. She said that the reason why there is more traffic is because of the increase in people, business establishments and activities in the area. She asked that the Council look at the traffic situation fairly and that the school would be responsible for its traffic, but not those created by others.

Madeleine Pot, Menlo Park, stated as one of the school’s teachers, that there have been efforts by the teachers to assist the students when they get dropped off or picked up to improve the flow of cars. In addition, she has been parking at the nearby church to help alleviate traffic. She observed that in her

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Matt Matteson, Menlo Park, commented about the school when it first opened noting the changes that have occurred in and outside the school including more residences and more activities. He did not understand why people are debating about the traffic when the school has been in existence for over 30 years. He felt that the people should support the school and recognize the benefit it gives to the community. Finally, he asked the Council to give consideration to reason, tolerance and rationality when making its decision.

Joseph Tiffany, Menlo Park, referred the Council to the Planning Commission’s conditions of approval and stated that the school is willing and committed to conform to these conditions. He commented it would be appropriate for the Council to defer to the Planning Commission’s decision and not make policy decisions at this time.

Sue Warden, Menlo Park, commented about tolerance and intolerance and noted that for years people have parked on her street and in front of her house due to an increase in activities in the area.

Glenda Derman, Menlo Park felt that the issue is the hours of impact and not the number of trips. She thought that the map displayed by staff on the overhead was misleading. She noted that the increase in the school’s hours of operation is not being addressed. She felt that a study should be done by independent sources and not by the applicant. She urged the Council to require carpooling. She felt this is an opportunity for all concerned to be good neighbors.

June Chapin, Menlo Park, expressed safety concerns on the curve around Avy Street. She stated that the school was originally designed for students to walk to and use bus service provided by the Las Lomitas School District. Parking did not exist and was not considered at that time. She asked that careful consideration be given to the carpooling requirements. She stated that the school has consistently ignored the City’s process and requirements in the past. She believes that decreasing enrollment would help alleviate traffic and parking problems and urged the Council to not support any increase in enrollment.

David Dodlin, Menlo Park, commented to support the proposed permit revision. He noted that Phillips Brooks School has been a good neighbor and has attempted to make significant changes to the facilities and has maintained their playground for soccer and baseball activities. He observed that the principal and other teachers help the students and parents during drop off and pick up times. He urged the Council to do what is right for the neighborhood, school, and community and support the proposed application. On a different note, he commented that the re-striping of Aschult Avenue has caused a traffic disaster on Avy Avenue in the last two years.

Tom Warden, Menlo Park, representative for the Sharon Heights Homeowner’s Association, noted that all issues point to traffic that is being caused by the school’s increased enrollment. He stated that the increased enrollment causing the traffic issue has been raised several times to the Planning Commission and each time the school responded that the impact would be temporary since the school was moving out of the area. This move has not transpired and is in question because of the school’s current six-year lease plus 15 years of options beyond that. He does not believe that the school intends to leave its current location and is only saying so in order for them to receive approval to increase enrollment. In the meantime, traffic and congestion continue to be an issue to the residents. He commented about the non-compliance history of the school with City requirements and process. He proposed leaving the right hand turn only restriction as is, enforcing 100% carpooling with a clear definition of what that constitutes, making the extended-hour activities specific as to the type and number, reverting total enrollment back to 220 students at the end of school year ending 2002, reverting the enrollment back to 205 students at the end of school year ending 2003, removing the portable buildings at the end of the current school year ending June 2002, and not accept enrollment or

\\Menlocity2\CLK\Minutes\2001\City Council Minutes 10-2-01.doc Page 6 traffic numbers from the applicant without independent outside auditing. In conclusion, he asked that the Council act decisively and address the concerns of the residents and protect their quality of life.

Kay Real, Menlo Park, stated the school is a good neighbor. However, she is concerned about the traffic but is uncertain as to its origin. She felt that the school tries to keep the neighbors informed when they need additional parking. She stated that carpooling or busing would be helpful. She offered to help in any way.

Sam Bronfman, Board Chairman, Philips Brooks School, applicant, reiterated the sincerity of the school to resolve the situation. He provided an update on the school’s plan to move to Woodside in 2003.

Leslie Wambach, Menlo Park, appellant’s representative, expressed disagreement with a previous comment made that La Entrada does not have a traffic plan. She noted that most children who go to La Entrada go by foot, bicycle or scooter and with a current enrollment of about 500 students, they do more than their fair share to reduce the impact of that student load. She reiterated that the Phillips Brooks School has increased enrollment by 50 percent in recent years and should be required to reduce the traffic impact from that. She felt that there is a need to establish strict, specific guidelines tonight since history will show that the school has a tendency to set its own rules. She felt that the right hand turn only sign is a problem especially for the streets it impacts like Avy and Alschult.

Sam Bronfman, clarified that the school’s enrollment five years ago was 212 students and presently the school has 268 students, which is a 26% increase in enrollment.

M/S Schmidt/Collacchi to close the public hearing at 10:30 p.m. Motion passed 5-0.

Mayor Pro Tem Schmidt commented it is clear that the parents of the students at Phillips Brooks School have a strong belief in public involvement and cooperation. He felt sorry that the community would be losing a great school and understands that the plan to move to Woodside will not be an easy process and may take some time. Nevertheless, he felt that for the time being it is important for the school to uphold its responsibility and minimize the impact to the community. He stated that there is a problem due to the increase in enrollment which he calculates to be 50 percent which should not be overlooked. The right-turn-only advisory sign and its effects on traffic in the neighborhood are illogical to him. In his observation, the curve on Avy Avenue and the crown in the grade makes visibility poor. He felt that absent a stop sign or some other mechanism to reduce the speed of traffic on Avy Avenue, then the right turn only should probably remain. He would support putting a traffic monitor device to reduce the speed on Avy Avenue. He stated that the main problem is the number of cars at peak hours leaving and entering the school. He is encouraged that there is support for carpooling. He proposed a 50 percent goal for carpooling at a minimum and felt that what constitutes a carpool needs to be clarified. He suggested moving the October 23rd timeline to another month to allow the school to come up with a carpool plan that is more aggressive. He concurred that the crossing guard is not necessary. He also would like to see attention given to normalizing activities out of the parking lot without affecting safety on Avy Avenue.

Staff responded to questions regarding installing a traffic monitoring device or a stop sign before the school’s driveway.

Councilmember Kinney commented about traffic and change. He is encouraged by the school’s willingness to work with the City and the community and suggested he would want to give the process a chance. He felt the Planning Commission did a good job in articulating concerns and identifying solutions. He concurs with Mayor Pro Tem Schmidt that a crossing guard is not necessary. He would support the school’s proposal to increase carpooling to 40 percent as opposed to 50 percent since it still represents an upgrade from the Planning Commission’s recommendation of 20 percent. Contrary to other people’s perception of what constitutes a carpool, he feels that two or more students constitute a carpool whether or not they are from the same family.

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Councilmember Collacchi expressed safety concerns at the intersection of Bellair Way and Avy Avenue and would like to see safety reestablished and maintained in that intersection. He suggested focusing on a performance standard that is based on trips from ground counts rather than from carpooling. He expressed support to continue the process with the Planning Commission and suggested that when the item comes back to Council that he would like to see a solution for a safe intersection that would enable the left hand turn even if it means additional costs to assign a peace officer to help guide traffic.

Councilmember Borak explained that as a Planning Commissioner in 1997 and 1998, she had a general sense that the school was moving and that enrollment would not increase and therefore it was a short-term problem. Since that has not been the case, she felt that the Council should address the concerns that exist. She suggested adding a condition that would require more monitoring and reporting of the process. She felt it is important to obtain actual traffic counts and would agree with Councilmember Collacchi’s suggestion to focus on traffic reduction and establish a goal. She thought that having a stop sign in that area might help but agreed that it might require a police officer to be present to reduce some of the risk. She thinks the crossing guard is unnecessary.

Mayor Jellins noted he did not hear any comments from Council about reducing enrollment. He concurs that the right turn sign is a safety issue. He heard many ideas about addressing safety and traffic issues but would like to see them evaluated. He is not sure as to how to address the reduction in trips and whether to do it through a percentage of reduction in ground counts or percentage of students who carpool to school. He would like to review some options evaluated by staff. He did not receive any comments regarding the time limit for the use permit or whether the Council would want the process to come back to them or go to the Planning Commission for further review.

City Attorney McClure clarified that as conditioned by the Planning Commission, the permit will return to the Planning Commission in February, the use permit expires in June 2002 unless there is a request received prior to that expiration to extend the permit.

Chief Planner Heineck clarified that a study would come back to the Planning Commission in February. The options for dates in the staff report can be amended tonight based on the time for this appeal. Under Option 1, page 8, conditions H and J specifically refer to the carpooling and the right-turn-only sign studies. Both of these conditions call for a study to return to the Planning Commission in April. She suggested it might be appropriate to consider Option 1 with the deletion of condition C.1 regarding a crossing guard, a modification to Condition H to allow for an option to studying ground counts versus only a carpooling program and a modification to Condition J to look at other possible options related to allow for some left turns and address the safety issues.

City Attorney McClure clarified his understanding of the Council’s goal which is to establish a trip reduction program that would result in the number of trips to and from the school being the equivalent of what it would be if the teacher and student population were limited to 228 students or some other number.

Mayor Jellins noted he is not sure what the consensus is for the carpool goal percentage. He would like to see the school’s plan for reaching its goal so it could be compared to the actual performance in April 2002.

Councilmember Borak suggested to set performance standards and to enforce a penalty if the standards are not met.

Mayor Pro Tem Schmidt commented about the importance of using peak hours as a basis.

Discussion ensued regarding peak hours, performance based standards, ground counts, carpool goals, and traffic counts.

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City Attorney McClure suggested requesting the applicant to provide the raw data information on the ground and traffic counts to the Transportation Department and provide information about student population and number of families that make up that student population. He felt that this information could help staff develop options for a goal and discuss it with the applicant and interested neighbors. In the interim, he felt that the Council could adopt a carpooling requirement so that the applicant is clear on what it is required to do before they report back to Council in about sixty days as indicated in the staff report under Option 1, subsection H.

Discussion ensued.

There appeared to be some consensus to support Councilmember Collacchi’s suggestion about focusing on a performance standard that is based on trips from ground counts rather than setting performance through carpooling. There was also support for the City Attorney’s suggestion to request specific relevant data from the school so that staff can develop options for further discussion with the school and interested neighbors. But in the interim, to support the school’s proposed 40 percent carpooling goal and report back to the Planning Commission no later than December 3, 2001 as stated in the staff report under Option 1, subsection H. The Council also supported deletion of subsection C.1 (crossing guard), amendment of subsection H (carpooling), as discussed, and exploration of subsection J (right turn sign) which would be reported back to the Planning Commission with a recommendation and later come to the Council after April 2002.

City Attorney McClure noted that staff would modify the conditions of approval accordingly and present them to Council for approval in two weeks.

Councilmember Borak requested staff to clarify or add language under Option 1, 3.g regarding the school’s hours of operation. She said that she wouldn’t want to discourage ancillary after school activities, nevertheless, she would be concerned if the school were to go to an after school day care program which could bring an intensification of use on the site which does not currently exist.

City Attorney McClure noted staff could review and examine the school’s activities for further clarification. Mr. McClure clarified that this matter would return to the Council in two weeks with the revised conditions of approval for Council’s approval. He stated that any member of the public could comment on the language of the conditions at that time.

For point of clarification, City Attorney McClure summarized what seemed to be a direction from Council as follows: To approve the revised use permit, outlined as Option 1 beginning on page 8, with direction to delete item 3.c.1 (crossing guard), modify Condition G to tighten up or clarify what the ancillary activities are so it is not an expansion of what currently exists, modify Condition H to provide for an interim minimum of a 40 percent carpooling with direction to staff to obtain data from the applicant and other data regarding the existing student population, number of families and the existing counts collected by the applicant, to return in approximately 60 days with some ideas for Council consideration as to how to limit ground counts at the site, and modify Condition J with a goal of looking at options that would allow a left turn out of the driveway.

M/S Schmidt/Jellins to approve a motion as summarized by the City Attorney above. Motion passed 5-0.

2. Consideration of an appeal of the Planning Commission denial of a use permit and architectural control review to allow for the remodeling and structural alterations to an existing building located at 1205 Chrysler Drive.

M/S Schmidt/Collacchi to defer item E2 and the Closed Session item listed at the end of this agenda to the next Council meeting of October 9, 2001. Motion passed 5-0.

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F. REGULAR BUSINESS

1. 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. Notice of Application for an Electric Rate Increase: Application to Change Distribution Level Standby Rates as Required by CPUC Decision 01-07-027. 2. Memorandum dated September 21, 2001 from Councilmember Chuck Kinney regarding Bay Area Water Users Association (BAWUA) and the Hetch Hetchy.

Noted and filed.

H. INFORMATION ITEMS – None.

I. PUBLIC COMMENT #2 – None.

J. ADJOURNMENT to CLOSED SESSION – Closed Session was continued to the next meeting of October 9, 2001.

1. Closed Session pursuant to Government Code Section 54956.8. Instructions to negotiators regarding SEIU negotiations. Negotiating Parties: David Boesch, City Manager/Executive Director, Bill McClure, City Attorney, Audrey Seymour, Assistant City Manager, Glen Kramer, MIS/Personnel Manager and Charles Sakai.

K. ADJOURNMENT – Mayor Jellins adjourned the meeting at 11:30 p.m.

Respectfully submitted,

Susan A. Ramos, CMC, City Clerk

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