HomeMy WebLinkAbout2006-03-06 City Council Summary Minutes
Special Meeting
March 6, 2006
SPECIAL MEETING ..................................................................................135
1. Joint Meeting with the Parks and Recreation Commission (PARC)
Regarding the 2006 Park and Recreation Priorities ..............................135
ORAL COMMUNICATIONS ........................................................................135
ADJOURNMENT: The meeting adjourned at 7:00 p.m. .................................135
ORAL COMMUNICATIONS ........................................................................136
APPROVAL OF MINUTES ..........................................................................137
2. Approval of Agreement with State of California for $229,725 in Bicycle
Transportation Account Funding for the Bike Lane Improvements on
Hanover Street and Porter Avenue ...................................................137
3. Approval of Amendment No. Two to the Memorandum of Agreement
Providing for Implementation of the Santa Clara Valley Urban Runoff
Pollution Prevention Program ...........................................................138
4. Approval of Cooperative Agreement with the Santa Clara Valley
Transportation Authority for Funding of Initial Environmental Analysis
for the Palo Alto Intermodal Transit Center Project and Approval of
Consultant Contract with EIP Associates in the Amount not to Exceed
$278,384 for Technical Studies and Environmental Work Programming
for the Palo Alto Intermodal Transit Center Project .............................138
5. Approval of a Contract with Spencon Construction, Inc. in the Amount
of $647,767 for Fiscal Year 2005-2006 Sidewalk Replacement Phase 2
– Capital Improvement Program Project PO-89003 .............................138
6. Approval of 1) Offer and Agreement to Purchase Transferable Development Rights and Declaration of Covenants and Restrictions for
Historic Preservation of Palo Alto Children’s Library; 2) Budget
Amendment Ordinance 4895 in the Amount of $1,384,542; 3) a
Contract with BRCO Contractors in the Amount of $2,646,000 for
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Expansion and Improvement of the Children’s Library; 4) Construction
Contingency of $317,520; and 5) Amendment No. 2 to Contract
No. C05108354 with Architectural Resources Group, Architects,
Planners & Conservators, Inc. ..........................................................138
7. Public Hearing: Review and Adoption of the Amended FY 2005/2006
Annual Action Plan of the 2005-2010 Community Development Block
Grant Consolidated (CDBG) Plan ......................................................142
8. Proposed Milestones for Council “Top 3” Priorities FY 2006-07..............146
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM
CONFERENCES ...............................................................................154
ADJOURNMENT: The meeting adjourned at 9:55 p.m ..................................155
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The City Council of the City of Palo Alto met on this date in the Council
Conference Room at 6:10 p.m.
CITY COUNCIL
Present: Barton, Beecham, Cordell, Drekmeier, Klein, Kishimoto,
Kleinberg, Morton, Mossar
PARKS AND RECREATION COMMISSION
Present: Charleson, Cribbs, Markevitch, Marquess, Trailer
Absent: Losch, Steiner
SPECIAL MEETING
1. Joint Meeting with the Parks and Recreation Commission (PARC)
Regarding the 2006 Park and Recreation Priorities
No action required.
ORAL COMMUNICATIONS
Annette Ashton spoke regarding Greer and Seale Parks and a survey taken by
the Midtown Association in February 2006.
Charles Scott spoke regarding Greer Park and his desire to not add playing
fields, but for more sedate activities.
ADJOURNMENT: The meeting adjourned at 7:00 p.m.
03/06/2006 100-135
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:05 p.m.
Present: Barton, Beecham, Cordell, Drekmeier, Kishimoto, Klein,
Kleinberg, Morton, Mossar
SPECIAL ORDERS OF THE DAY
1. Selection of Candidates to be Interviewed for the Storm Drain Committee
Mayor Kleinberg said the exact number of applications was received, as positions available on the Storm Drain Committee.
MOTION: Council Member Morton moved, seconded by Barton, for the City
Clerk to come back to the next Council meeting with the confirmation of the
appointment of the five members, who applied for the Storm Drain
Committee.
MOTION PASSED 9-0.
ORAL COMMUNICATIONS
Art Kraemer, 1116 Forest Avenue, spoke regarding short term flood
mitigation.
Juan Carlos Prado, 212 Lincoln Avenue, Redwood City, spoke regarding the
leaf blower ban.
Dan Skinner, 5801 W. School Avenue, Visalia, spoke regarding leaf blower
bans.
Hector Sandoval, 2606 Glade Drive, Santa Clara, spoke regarding the leaf
blower ban.
Jose Preciado, 632 Pine Avenue, spoke regarding the leaf blower ban.
Ramon Quezada, 445 Lancaster Way, Redwood City, spoke regarding the
leaf blower ban.
Gerardo Lombera spoke regarding leaf blowers.
Rafael Madriz, 342 Beverly Avenue, Millbrae, spoke regarding leaf blowers.
Robert Moss, 4010 Orme St., spoke regarding gas powered leaf blowers.
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Bill Chapman, 3583 Louis Rd., spoke regarding school children and the
Architectural Review Board.
APPROVAL OF MINUTES
MOTION: Council Member Morton moved, seconded by Mossar, to adopt
the minutes of January 17, 2006, as amended, and January 23, 2006.
Council Member Klein made one minor correction to the minutes of January
17, 2006.
MOTION PASSED 9-0.
CONSENT CALENDAR
Council Member Mossar noted she would vote to support the consent
calendar, but her vote does not include Item No. 4 due to a conflict of
interest because her husband is employed by Stanford University.
Council Member Cordell noted she would vote to support the consent
calendar, but her vote does not include Item No. 4 due to a conflict of
interest because she is employed by Stanford University.
Council Member Klein noted he would vote to support the consent calendar,
but his vote does not include Item No. 4 due to a conflict of interest because
his wife is employed by Stanford University.
Council Member Beecham noted he would vote no on Item No. 4.
Rosemary Maulbetsch, 90 Lloyden Drive, Atherton, spoke regarding Item No.
4 and requested the item be pulled from the Consent Calendar for more
discussion about the implications of the project for Palo Alto and the
neighboring communities affected by Caltrain.
Martin Bernstein, P.O. Box 1739, spoke regarding Item No. 4 and urged
approval of the agreement for the Intermodal Transit Center Project.
MOTION: Council Member Morton moved, seconded by Kishimoto, to
approve Item Nos. 2 - 5 on the Consent Calendar.
2. Approval of Agreement with State of California for $229,725 in Bicycle
Transportation Account Funding for the Bike Lane Improvements on
Hanover Street and Porter Avenue
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3. Approval of Amendment No. Two to the Memorandum of Agreement
Providing for Implementation of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
4. Approval of Cooperative Agreement with the Santa Clara Valley
Transportation Authority for Funding of Initial Environmental Analysis for
the Palo Alto Intermodal Transit Center Project and Approval of Consultant
Contract with EIP Associates in the Amount not to Exceed $278,384 for
Technical Studies and Environmental Work Programming for the Palo Alto
Intermodal Transit Center Project
5. Approval of a Contract with Spencon Construction, Inc. in the Amount of $647,767 for Fiscal Year 2005-2006 Sidewalk Replacement Phase 2
– Capital Improvement Program Project PO-89003
MOTION PASSED 9-0 for items 2, 3, and 5.
MOTION PASSED 5-1 for Item No. 4 Beecham voting no, Cordell, Klein,
Mossar not participating.
ORDINANCES AND RESOLUTIONS
6. Approval of 1) Offer and Agreement to Purchase Transferable
Development Rights and Declaration of Covenants and Restrictions for
Historic Preservation of Palo Alto Children’s Library; 2) Budget
Amendment Ordinance 4895 in the Amount of $1,384,542; 3) a
Contract with BRCO Contractors in the Amount of $2,646,000 for
Expansion and Improvement of the Children’s Library; 4) Construction
Contingency of $317,520; and 5) Amendment No. 2 to Contract
No. C05108354 with Architectural Resources Group, Architects,
Planners & Conservators, Inc. in the Amount of $32,850 for
Construction Administration-Related Services, Capital Improvement
Program Project PE-04010
Assistant Director Public Works Mike Sartor said the recommendations were
to approve a Budget Amendment Ordinance (BAO) in the amount of
approximately $1.4 million; approve a contract with BRCO Contractors to
construct the renovation and expansion of the Children’s Library; approve a
construction contingency in the amount of approximately 12 percent of the
construction cost; approve an amendment to the contract with Architectural
Resources Group (ARG) to do construction administration services during
construction; and to accept the high bid for the Transferable Development
Rights (TDR). In November 2002, the bond measure for Children’s and
Mitchell Park Libraries failed by a narrow margin. In February 2003, a
public/private partnership was proposed by the Friends of the Palo Alto
Libraries and the Palo Alto Library Foundation. They were successful in
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raising almost $1 million for the project. In March 2004, the agreement was
put in place and the partnership was finalized. In June 2004, project design
began, and ARG was hired to do the design work. In August 2005, the
Council adopted a resolution that designated the Children’s Library as a
sender site for the transfer development rights process. On January 10,
2006, bids were received, which came in approximately 10 percent higher
than the engineer’s estimate that was prepared the prior October. Design
costs over the three year’s of the project design had risen largely due to the
addition of a south wing to the project as well as going through a National
Environmental Protection Act (NEPA) clearance for Housing and Urban
Development (HUD) funds. The construction was originally anticipated to be
approximately $2.2 million, and the actual bids came in at $2.6 million.
Increased costs were attributed to the rise in material construction costs,
steel and concrete, and inflation over time. The sources of funding included
the Palo Alto Library Foundation ($660,000), Friends of the Palo Alto Library
($473,000), HUD grants ($360,000), the Arriaga Family ($50,000), Utilities
Department ($10,000 through the CARE program), the transfer of
development rights high bid would bring in approximately $240,000, and
approximately $2 million would come from the Infrastructure Reserve. The
estimated shortfall was $650,000. Staff proposed to defer two infrastructure
projects in the next year to reduce the impact on the Infrastructure Reserve.
The projects included the upgrade of the restrooms at Cubberley Community
Center and reroofing of the Foothills Park Interpretive Center. Two relevant
deadlines were associated with the Council’s action: the TDR bids were
extended for the third time, and the construction bids were valid for 60 days. Bids were opened January 10, 2006, and expired on March 11, 2006.
Council Member Morton said the high bid was $240,000 for the TDRs and he
asked about the impact of the transfer.
Manager Real Property Bill Fellman said staff did not know what building the
TDRs were transferred to. TDRs could be sold and held and resold at a later
date.
Council Member Morton asked what staff envisioned could be done with the
$240,000 received from the purchase of TDRs.
Director of Planning and Community Environment Steve Emslie said there
were a number of factors. In order to be used, the TDRs had to go through
the Architectural Review Board. The TDRs would not allow an owner to
exceed the one to one Floor Area Ratio (FAR), which was the limit in the
Downtown area and would provide relief from parking requirements.
Specifics were subject to the design review of the Architectural Review Board
(ARB).
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Council Member Morton clarified at a cost of $40,000 per parking spot,
parking relief would be available for six parking spots.
Mr. Emslie said that was correct.
Jeff Levinsky, 1682 Hamilton Avenue, President, Friends of the Palo Alto
Library, thanked City Staff, the Library Foundation, the many donors,
members, volunteers, and book sale customers. An anonymous donor
provided the initial funds and a challenge grant totaling $350,000, which
made the project possible. The Council was urged to approve the project to
launch the Children’s Library renovation and expansion, and provide seismic
upgrade, access for those with disabilities, efficient staff areas, and a more
spacious facility, while preserving the community’s wonderful tradition of a
library dedicated to the children.
Robert Moss, 4010 Orme Street, said Friends of the Library was not
accustomed to doing major fundraising. Money raised through book sales
was used to support library operations and programs. The Staff Report
(CMR:135:06) talked about the Governor returning money to the cities from
the Vehicle License Fee (VLF). Exhibit A of the report indicated the City
received $984,000 more than expected.
MOTION: Council Member Barton moved, seconded by Mossar, to accept
staff recommendation to:
1. Accept the high bid for transferable development rights from the Palo Alto Children’s Library, 1276 Harriet Street, by authorizing
the Mayor to execute the offer and Agreement to Purchase
Certified Development Rights and its attached Certification of
Transfer of Development Rights accepting the high bid in the
amount of $237,500 submitted by The Banatao Heritage Trust
(Attachment A); and an Agreement and Declaration of
Covenants and Restrictions for Historic Preservation, Palo Alto
Children’s Library (Attachment B).
2. Approve Budget Amendment Ordinance 4895 to add $1,384,542
to the project budget. CIP Page for Children’s Library
Improvements (PE-04010) is attached for reference (Attachment
D).
3. Approve and authorize the City Manager to execute the attached
contract with BRCO Contractors in the amount of $2,646,000 for
expansion and improvement of the Children’s Library
(Attachment E). Bid Summary and Certificate of Non-
Discrimination are also attached (Attachments F & G).
4. Authorize the City Manager or his designee to negotiate and
execute one or more change orders to the contract with BRCO
Contractors for related, additional but unforeseen work, which
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may develop during the project, the total value of which shall
not exceed $317,520.
5. Approve and authorize City Manager or his designee to execute a
second amendment (Attachment H) to the contract (C05108354)
with Architectural Resources Group in the amount of $32,850 for
additional construction administration-related services.
Furthermore, to fund the $649,825 shortfall using Infrastructure Reserve
(IR) funds.
Council Member Barton said he initially was concerned about the drawdown
from the reserve but believed what was presented was the logical choice. The
project needed to proceed.
Council Member Mossar said the City made a choice a few years prior to move
forward with the renovation of the Children’s Library, and it was a pleasure to
finally take the necessary action to do the project.
Vice Mayor Kishimoto said she had a slight preference for taking the money
from the Budget Stabilization Reserve (BSR) but was happy to support the
motion as presented. The BSR alternative was listed in the staff report
(CMR:150:06).
Council Member Morton said the community raised $1 million to fund a project
for a much loved piece of Palo Alto real estate.
Council Member Beecham clarified the motion specified taking funds from the
Infrastructure Reserve.
Council Member Barton said the intention was that funding came from the
Infrastructure Reserve.
Council Member Beecham said when the TDR pricing came before the Council in
the past, there was a concern about how much it would be relative to the
payments of the assessment district. As pricing came up, it was pretty much a
wash. The staff report (CMR:150:06) indicated staff was confident there had
been a good marketing job. A friendly amendment was suggested that the
Secretary of the Interior’s Standards were those as of the date of the contract.
INCORPORATED INTO MOTION WITH THE CONSENT OF THE MAKER AND
SECONDER to amend the contract with Palo Alto Stanford Heritage (PAST) to
incorporate the Secretary of the Interior’s Standards, as of the date of the
contract, except to the extent required by law.
03/06/2006 100-141
Council Member Cordell asked whether the City Attorney felt there were any
legal problems in the event the Secretary of the Interior Standards were
changed later.
City Attorney Gary Baum said his understanding was that the document was
heavily negotiated. Secretary of the Interior Guidelines would be referred to as
opposed to regulations. The regulations had to be followed if they were in place
at the time the contract was entered into. Staff had to make sure the
contracting party, Palo Alto Stanford Heritage (PAST), was in agreement with
this change.
Assistant City Manager Emily Harrison said both staff and PAST agreed they
would work cooperatively on the project.
Council Member Klein said he supported the project and congratulated the
people who did a terrific job in fundraising.
MOTION PASSED 9-0.
PUBLIC HEARINGS
7. Public Hearing: Review and Adoption of the Amended FY 2005/2006
Annual Action Plan of the 2005-2010 Community Development Block
Grant Consolidated (CDBG) Plan Including $1,150,000 in CDBG Funding to
Community Working Group for the Acquisition of Existing Units at 2507-2533 Alma Street (Alma Street Apartments).
Approval of an Agreement in the Amount of $1,150,000 with the
Community Working Group for the Acquisition of the Alma Garden
Apartments Located at 2507-2533 Alma Street.
Adoption of a Budget Amendment Ordinance 4896 to Transfer $250,000
from the City Commercial Housing Fund to the CDBG Housing
Development Fund.
Council Member Barton noted he has a conflict of interest because he is a Board
Member of the Community Working Group (CWG).
Council Member Morton noted his company is no longer the auditor for the CWG
and, therefore, he will participate in the item.
Council Member Cordell noted she has a conflict of interest because she is a
Board Member of the CWG.
Director of Planning and Community Environment Steve Emslie said the City had
a unique opportunity to acquire housing that was already built. Acquiring
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existing housing restricted to Below Market Rate (BMR) incomes was cost
effective. The opportunity was compounded by the fact that money came from
the Community Development Block Grant (CDBG), which was a federal program
where cities received a block of funds restricted for use for several very distinct
purposes, one of which was to serve the needs of the low income community.
The CDBG program was administered through the Housing and Urban
Development (HUD) Department at the Federal level, and had rules and time
limits by which the City had to expend funds. A certain amount of accrual was
allowed within a particular city before penalties occurred in terms of reduction of
the grant. The City was getting near the deadline to spend the money. The
acquisition was consistent and compatible with the City Council’s adopted
affordable housing policies and guidelines and provided the City with the
maximum flexibility to secure the units for the long term as well as provide for
flexibility for expanding the number of units in the future should that option
present itself.
Council Member Morton asked whether the site, at some future time, permitted
expansion.
Mr. Emslie said staff believed that could occur and the possibility was discussed
with the CWG.
Vice Mayor Kishimoto thanked the CWG for bringing the project forward. The
affordability term was a minimum of 55 years, and staff was asked whether the
affordability term could be made indefinite.
Mr. Emslie said the reason for the recommendation for the 55 years was that it
complied with the City Council’s adopted policy at the minimum level. Staff
recommended at the minimum level because State tax credits were available
that dictated a shorter amount of time. Staff would be allowed the flexibility to
go after the maximum amount of funding possibilities available. Staff tried to
set the term of the affordability at the level that complied with Council policy
and no more in order to enable the City the maximum flexibility to be eligible for
other funding sources.
Vice Mayor Kishimoto clarified CDBG put up $1.1 million and CWG was getting a
loan for $700,000. The City would have total control in perpetuity if it acquired
the property.
Mr. Emslie said that was correct. Without amendment and going back to the
Council, extra steps were required that could take more time because many
times the tax credit program was competitive. The Terman Apartments were
shorter term and funded through the Section 8 Housing Program and more
vulnerable to loss of affordable housing.
03/06/2006 100-143
Vice Mayor Kishimoto clarified the staff recommendation was to keep the term
at 55 years.
Mr. Emslie said the 55 years provided the maximum flexibility. Income levels
and the mix of the project was an important part of qualifying for other funding
sources, primarily the State Tax Credit Program.
Council Member Morton asked whether provisions could be built in that the 55
years could be reconsidered after working out a long term solution.
Mr. Emslie said getting the property under contract and having the covenants
run as long as possible was consistent with the mission of the City and CWG.
Staff would evaluate the potential, the long-term financing of the project, and
meeting the City’s affordable housing goals.
Donald Barr, 948 Ramona Street, CWG President, Board of Directors, said the
need for affordable housing went beyond the need of those who were unhoused.
The full spectrum of affordability needed to be covered. There were a number of
programs in which low income and very low income individuals and families
qualified for support through various voucher programs such as Section 8 or
Shelter Care Plus; however, there were very few landlords in Palo Alto who were
willing to accept the voucher programs. CWG looked forward to working with
Kathy Espinosa-Howard and others responsible for the various voucher
programs to expand the availability of units to those eligible for vouchers. The
site was currently zoned RM-30, was close to the train station, and had a current FAR that was approximately half of what the current zoning permitted.
Robert Moss, 4010 Orme Street, said he recalled the 55-year term was initiated
when the City first began the BMR projects with Webster Wood in the 1970s.
There was a technical reason why 55 years was picked. Webster Wood had an
agreement that said after 55 years, the property became owned by the City of
Palo Alto. There was no issue about whether or not the City could maintain the
property as BMR units. In the case of the Terman property, the City ended up in
a compromise that resulted in getting the property for Section 8 Housing.
Acquisition of the property was supported but the City needed to keep other
things in mind once the property was acquired. The question was asked about
what would happen to the existing tenants. Since the BMR projects began, the
City had a requirement that the people being put into the units be residents or
employees in Palo Alto. Preference should be given to Public Safety employees
and teachers. When 630 Los Robles was purchased, the Barron Park Association
urged that police and fire employees be given priority. At that time, the City was
told by the Housing Corporation that giving police and fire priority was not
allowed. His understanding was that had been done in other cities in the state.
The requirement for occupancy should be revisited.
03/06/2006 100-144
MOTION: Council Member Morton moved, seconded by Kishimoto, to approve
and authorize the amendment to the 2005-2006 Annual Action Plan of the 2005-
2010 Consolidated Plan, as follows:
1. Approve and authorize the allocation of funds in the amount of
$900,000 from the existing Community Development Block
Grant (CDBG) housing development fund to the Community
Working Group for the acquisition of the Alma Street Apartments
located at 2507-2533 Alma Street.
2. Approve and authorize the allocation of $250,000 from the next
Fiscal Year (2006/2007) CDBG grant allocation for the
acquisition of the Alma Street Apartments.
3. Approve and authorize the City Manager or his designee to
execute the attached agreement in the amount of $1,150,000
with the Community Working Group for the acquisition of the
Alma Street Apartments.
4. Adopt Budget Amendment Ordinance 4896 to transfer $250,000
from the City Commercial Housing fund to the CDBG housing
development fund in order to carry out acquisition of the Alma
Street Apartments.
5. Authorize the City Manager to request $250,000 in fiscal year
2006/2007 CDBG funds from the Department of Housing and
Urban Development in order to reimburse the City Commercial
Housing Fund.
Furthermore, when the permanent arrangement for financing is worked out, staff would return to Council with a measure to ensure the property
remains low income housing as long as possible.
Council Member Beecham clarified the City needed to expend funds by April 30,
2006, and the change made by the Council would not inhibit that.
Mr. Emslie said that was correct.
Council Member Klein asked what would happen to the present tenants in the
building.
Mr. Barr said letters would be sent informing the tenants of the possible
purchase by CWG and their rights under federal regulations. Relocating tenants
was not expected but if that happened, it would be done under the protection of
the federal relocation laws.
MOTION PASSED 7-0, Barton, Cordell not participating.
REPORTS OF OFFICIALS
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8. Proposed Milestones for Council “Top 3” Priorities FY 2006-07
Assistant City Manager Emily Harrison said the narrative in the staff report
(CMR:158:06) on the discussion of the Infrastructure priority or the
Library/Police priority did not match Attachment A. The Council had at its places
an alternate Attachment A. Staff tried to point out it had concerns about the
deadline, knowing the Council had wanted a 2007 election. The alternate
schedule matched the narrative in the staff report with the 2008 election. Staff
struggled with a number of priorities in terms of showing a deadline and wanted
to share with the Council that staff’s expectation on both of the milestones was
that staff would have a conversation with the Council about options for both
expenditure reductions and revenue enhancements prior to the Council’s
vacation during the summer of 2006. The final deadline of December 2006 did
not mean that staff would not be working on priorities.
Council Member Cordell referred to the “at place” Attachment A, and asked
whether it was required that the Environmental Impact Review (EIR) process
must be done before the Council final approval.
City Attorney Gary Baum said in order for the Council to approve the project,
the EIR process had to be completed.
Council Member Mossar said she was confused by the staff report (CMR:158:06)
relative to the infrastructure for libraries and police and recalled the Council’s intent was that in 2006, a decision would be made regarding the direction and
the process to follow. The dates for the reports back from the Police Building
Task Force and the Library Advisory Commission (LAC) were earlier when the
Council met in January than stated in the staff report. There was ample time for
the Council to receive the reports before the end of the year to make a decision
about next steps.
Ms. Harrison said there was discussion, which was not in the motion, about the
advisability or desirability of an election in 2007. Staff was not given direction
by the Council to be ready for an election in 2007, but staff anticipated that was
the Council’s desire and went through a timeline to see what would be possible.
Staff realized there was approximately one year’s worth of environmental
impact work on the Police Building project.
Council Member Mossar said talking about election dates was premature. Staff
needed to make sure the work of the two committees, police and libraries, came
to the Council with adequate time to deliberate the information to make choices
about next steps.
Ms. Harrison said one of staff’s issues was that in January, prior to the Godby
Survey, staff had two processes in mind that would both be centered on capital
03/06/2006 100-146
projects. With the results of the survey, staff believed the projects were not
going in the same direction and raised the issue about separate priorities.
Council Member Barton questioned why there was no parallel EIR process for
the library if an EIR was necessary prior to creating a project.
Ms. Harrison said staff was less certain, at the current time, about what a
capital project might be. Staff was waiting for the LAC to define the plan. Staff
worked with the Police Blue Ribbon Task Force on a building project. The library
survey tended to indicate the City might be looking more at service extensions,
enhanced collections, and other noncapital centered improvements.
Council Member Barton said the Council needed a funding mechanism for
whatever came out of the library process. The City potentially had two years
where the plan sat on the shelf and lost public support. There needed to be a
way for staff to think about how the two projects could merge into one project
for ballot purposes.
Ms. Harrison said although the Council did not address it directly, the third
priority for infrastructure funding had linkages.
Council Member Klein said the Assistant City Manager listed November 2008 as
what staff might prefer as an election and questioned why the City could not
have an election in June 2008.
Ms. Harrison said staff did not look at June 2008 but noted that could be a
viable alternative.
Mr. Baum said there needed to be a General Election for general obligation
bonds and questioned whether June qualified as a General Election.
City Clerk Donna Rogers said June did not qualify as a General Election.
Council Member Klein clarified the increase in revenue to achieve an additional
$3 million in the budget was not part of the 2006/07 budget.
City Manager Frank Benest said the City had a two-year budget. After cutting
$20 million, coming up with an additional $3 million would be difficult. The City
would need to plan for service and employee cuts. Cuts were not anticipated in
the second year of the budget because the Council approved the second year of
the two year budget. A plan would go to the Council before the summer break
which would then be approved after the summer break.
Council Member Klein clarified the Council needed to make a decision by early
August 2007 for a November 2007 ballot measure.
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Ms. Rogers said the process needed to begin earlier than August because an
ordinance required two readings. The first meeting in August was the last time
to approve a resolution to consolidate for the election.
Council Member Klein asked what would be the first date necessary to take
action.
Ms. Rogers said action needed to be taken in June.
Director Public Works Glenn Roberts said prior to the reading of the ordinances,
the Council needed to give direction to staff regarding the final project.
Council Member Morton questioned whether the Council was receiving the report
or was a decision was necessary.
Ms. Harrison said staff wanted Council direction as to whether the Council
believed the library process appeared to have a different track. The bigger issue
was that both the Police Blue Ribbon Task Force for the Police Building and the
LAC were going to go through a process of community involvement, discussion,
research, and discussion with the Council that staff anticipated would take a
period of time.
Mr. Benest said the timeline was appropriate if the Council came to a general
decision about the direction to take.
Council Member Morton said his understanding was that there was no library
project.
Mr. Benest said the Council appointed a committee to explore the need,
desirability and the response. Staff did not know what the committee would
bring to the Council. The Council would evaluate the committee’s
recommendation and provide general direction, which staff believed would
happen by the end of 2006. If the Council decided it was desirable and
appropriate to develop a building project, it would be a longer process.
Council Member Morton clarified staff was asking the Council to accept the
schedule as being representative of what was decided in January 2006.
Mr. Benest said the schedule of milestones reflected Council direction to staff at
the retreat.
Council Member Morton clarified the item was informational only.
Mr. Benest said the Council had to advise staff it was comfortable with the
milestones. In terms of the library and police buildings, staff did not know the
end product, but the Council would decide the general direction by the end of
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2006.
Council Member Morton clarified staff wanted reinforcement that by the end of
2006, staff would be prepared to provide information on two major
infrastructure projects.
Mr. Benest said that was correct.
Ms. Harrison said staff would change the milestones to eliminate anything
beyond the point at which the Council made a decision.
Mayor Kleinberg said it appeared there were contingency plans for any one of
the options that might happen, and staff needed to be ready to go. As the
Council got closer to the ultimate decision, Council did not want staff to take six
months to get up to speed to move on something. A variety of contingency
plans was a good idea.
Council Member Drekmeier said at the County level, the Silicon Valley
Leadership Group did a poll and found that if there were a quarter cent sales tax
on the ballot for transportation and a quarter cent for Health and Human
Services, both would lose, but a half cent sales tax would be approved. Staff
was asked whether any consideration was given to polling to see if a package
deal with police and libraries would do better than if they were competing
against each other.
Ms. Harrison said the question came up repeatedly at the Police Blue Ribbon
Task Force and its members felt that would be important as the process
proceded.
Council Member Drekmeier asked whether it made sense to put polling on the
timeline.
Ms. Harrison said yes.
Council Member Cordell said both police and library buildings were designated
by the Council at the retreat as being priorities, and she did not want to see one
play off against the other. Substantial expenditure of funds for capital
improvements of the library was necessary.
Vice Mayor Kishimoto said capital expenditures were needed for the library, but
the more important decision might be on the service delivery and ongoing costs.
Referring to page 2 of attachment 2 of the staff report (CMR158:06), the survey
results went to the LAC in February 2006, the LAC recommendations would go
to the Council in July 2006, with the Council making a decision in September
2006, and then the Council determining a possible funding measure by the end
of 2006. The missing step, depending on the recommendations, was a potential
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need for the Blue Ribbon Task Force to take the recommendations from the LAC
and bring in financial experts to bring forth a politically and financially feasible
translation of the recommendations to the Council.
Council Member Klein said he noted that the EIR process for the police building
was 13 months and assumed that a proposal for a capital program for the
libraries had the same time period.
Ms. Harrison said that was probably correct.
Council Member Klein said 13 months for an EIR seemed like an extraordinarily
long period of time and asked whether that could be reduced to a more
manageable timeframe.
Mr. Roberts said experience showed the timeline was necessary. Theoretically,
an EIR could be done in as little as six months, although the City had not been
able to accomplish that on a major capital project.
Mayor Kleinberg asked whether there would be language that said, “if a building
was recommended, there would be an EIR process.”
Ms. Harrison said that was correct. Staff favored the discussion about preparing
contingency plans depending on how both priorities evolved.
Mayor Kleinberg said with respect to the emergency and disaster preparedness and response plans, she wanted to see the updated emergency plan go to the
Council for review prior to doing a resource identification. Once resources were
identified, it was important to identify funds to pay for the resources.
Ms. Harrison said staff struggled with the priority. Work went on in parallel with
tasks 1 and 2.
Mayor Kleinberg preferred the milestones to be more aggressive. The Council
should know what resources are needed and identify funds so that in the fall,
resources would be ready for the winter storms.
Ms. Harrison said that could be done.
Mayor Kleinberg said the City was interested in collaborating with local
businesses but wanted Stanford Health Services and the faith community
added. The Citizens Corps should be included to host the community disaster
preparedness consortium. With regard to Training Exercises, listed on page 1 of
Attachment 2 to the staff report (CMR:158:06), language was suggested,
“ensure continuing education and competency of PANDAs” be added after “Train
additional community volunteers.” Another suggestion was to add community
and Stanford emergency disaster drills.
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Ms. Harrison said there was a budget for the training exercises every other year.
The focus for the current year was for training on the National Incident
Management System (NIMS) and Weapons of Mass Destruction Awareness Level
Training (AWR). The actual exercises came the following year.
Mayor Kleinberg referred to page 2 of Attachment 2 to the staff report
(CMR:158:06), which indicated “Fully develop Council communications plan” and
asked whether the role of the Council could be identified.
Ms. Harrison said the intent was to identify the Council’s role to do training.
Mayor Kleinberg said the milestone, “Identify planning process for recovery
efforts,” showed a completion date of June 2007 and asked whether the effort
could be parallel.
Ms. Harrison said there was only one person dedicated to do the work.
Mayor Kleinberg said the Finance Committee would look at where there were
strategic personnel issues. Staff allocation for priorities was a concern.
Ms. Harrison said there was a team that did the work.
Mayor Kleinberg said she did not see anything listed about floods and asked
whether that was because the City looked to the Joint Powers Authority (JPA).
Mr. Benest said there was an ongoing collaboration. A great many of the
emergency preparedness efforts were done in collaboration with the JPA
because flooding was a big issue.
Ms. Harrison said after the holiday floods, the City worked on a number of
improvements to incorporate into the regular planning. The City had a list of
new ways to approach things such as notification of the public.
Mayor Kleinberg asked whether there were any milestones that grew out of the
recommendations that could be added.
Ms. Harrison said that was possible, as an attachment. A milestone could be
added under Response to state, “Review the recommendations coming out of
the holiday floods.”
Arthur Keller, 3881 Corina Way, said the focus on emergency preparedness was
important as well as the nature of communication. Appropriate communications
needed to be established that were bi-directional between people working on
emergency preparedness and leaders in the community. His preference was to
put City Hall and the Police Building in the Agilent location and put a convention
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center in the current City Hall location.
MOTION: Council Member Morton moved, seconded by Beecham, to accept the
proposed milestones for the FY 2006-07 Council Top 3 Priorities and to take into
consideration the comments of Council Members received at the meeting.
Council Member Morton said it appeared the Council was directing staff as to
where staffing should be put and where energy should be put, which was not
the role of priorities. The role of priorities was to give staff goals.
Mayor Kleinberg questioned if Council Member Morton proposed to accept the
staff workplan with none of the suggestions.
Council Member Morton said staff heard the suggestions. His motion was to
accept the staff report, as presented.
Mayor Kleinberg suggested asking that revised milestones return to the Council.
Council Member Morton said he trusted staff to incorporate the suggestions.
Council Member Beecham said he expected staff would come back with revisions
based on what was discussed at the current meeting.
Council Member Morton said he had no objection to staff bringing back the
revision as a Consent Calendar item.
SUBSTITUTE MOTION: Council Member Klein moved, seconded by Mayor
Kleinberg, to direct staff to revise Top 3 milestones and return to Council for
approval of the following revisions: a) Include comments made by Mayor
Kleinberg to emergency disaster planning; b) Infrastructure plan title to be
revised to Library/Police buildings; c) Establish a timeline so that if Council
desires it may put matters concerning police or libraries on the November 2007
ballot; and d) Keep the discussion of library and police buildings on the same
timeline.
Council Member Klein said the Council provided input to what staff had asked
for. Basic policy decisions had to be made, such as whether there would be a
2007 or 2008 ballot. Keeping the two issues on the same timeline was
important. November 2008 was too far out, and the Council should aim for
November 2007 to show the community that projects did not take forever to get
done in Palo Alto.
Vice Mayor Kishimoto asked whether staff wanted to respond on the November
2007 deadline.
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Ms. Harrison said staff had to decide when the Police Blue Ribbon Task Force
finished its report and provided its recommendations. A six-month, or minimal,
EIR process was assumed. A schedule would be provided.
Vice Mayor Kishimoto clarified the Library schedule needed to be moved up.
Ms. Harrison said that was correct.
Vice Mayor Kishimoto said she wanted to see the LAC recommendation go to the
Council earlier, and the Council needed to make a decision by June as to
whether a Blue Ribbon Task Force was appointed to bring the recommendation
to completion.
Ms. Harrison said her understanding was that Council Member Klein’s
recommendation was to return with a revised plan that set timelines in the
event the Council desired to put library and police matters on a 2007 ballot.
Mayor Kleinberg said she assumed a Police Blue Ribbon Task Force would be one
of the stems emanating out of one of the decision lines.
Ms. Harrison said that was correct. Staff had to have adequate time in the
schedule for the creation of a task force.
Council Member Barton agreed the Council needed to push for 2007 election and
was opposed to a Blue Ribbon Task Force for the library, since the library had the Library Advisory Commission (LAC.)
Vice Mayor Kishimoto said one reason for a Library Blue Ribbon Task Force was
for the campaign. Staff could not be the advocate. A committee with a set of
skills and experience that the LAC did not have was necessary.
Mr. Baum said following the pattern of the successful Storm Drain Blue Ribbon
Task Force, the City needed to recognize it could not set up a task force to
campaign.
Council Member Mossar said she agreed that November 2007 was a better time
than 2008 to take something to the voters. The Council had a general
conversation but had not had Council discussion or action taken on specific
items recommended. The motion before the Council accepted everyone’s
individual comments and directed staff to incorporate the comments into the
milestones. Staff should be asked to come back with revisions to be looked at
prior to adopting milestones.
Council Member Klein said his motion was to direct staff to revise the milestones
and return those to the Council for approval.
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Council Member Mossar said she did not expect staff to bring the milestones
back precisely as discussed, but staff would consider the conversation and bring
the milestones back.
Council Member Klein said he wanted the revised milestones to come back to
the Council in accordance with the general discussion. The Council was free to
agree or disagree with specific items brought back.
Council Member Mossar said her recommendation was that staff bring back
Draft #2 in accordance with the Council’s input at the current meeting and
staff’s best recommendation.
Council Member Klein said he disagreed with stating “staff’s best
recommendations.”
Council Member Mossar said some comments made at the current meeting had
budgetary implications. Staff needed to come back and say what worked or did
not work and the reasons.
Council Member Beecham wanted staff to bring information back as to how the
ballot would be accomplished by 2007 although there were concerns as to
whether or not that was possible.
MOTION PASSED 9-0.
Mayor Kleinberg asked when the Council would expect to see the revised
milestones.
Ms. Harrison said staff would return with the revised milestones in April.
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Council Member Mossar noted she would be absent at next Monday night’s
Council Meeting due to her trip to the National League of Cities (NLC)
Conference in Washington, D.C. She reported she would be attempting to get
the NLC to take up issues of global climate change but would not be lobbying on
behalf of the San Francisquito Creek project at this time. She asked for the
public to write letters to legislators regarding the funding for this project.
Council Member Cordell noted after the Council voted to uphold the ban on gas
powered leaf blowers she wrote a letter to Jose Cerato, who works on her yard,
stating that he no longer had the obligation to remove any leaves from her yard
and would be paid the same amount. The individual who spoke at tonight’s
meeting misrepresented the arrangement.
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Council Member Drekmeier acknowledged a great project by city staff members
Julie Weiss and Phil Bobel, launching the Clean Bay Campaign along with Save
the Bay, and the new website at www.cleanbay.org.
Mayor Kleinberg noted the point of the Clean Bay Campaign is to make the
public aware that actions taken in their homes have a direct impact on water
quality and the environment.
Council Member Beecham reported he attended ribbon cutting ceremonies on
February 24 for the new clean energy power plant in Watsonville, which is a 3
megawatt plant that recovers landfill gas (methane) and is a partnership
between Palo Alto and Alameda.
Mayor Kleinberg noted March is Colorectal Cancer Month, and she complimented
City Clerk Donna Rogers, who has qualified for her second level membership in
the International Institute of Municipal Clerks Master Municipal Clerk Academy.
ADJOURNMENT: The meeting adjourned at 9:55 p.m.
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto
Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing
Committee meeting tapes are made solely for the purpose of facilitating the
preparation of the minutes of the meetings. City Council and Standing
Committee meeting tapes are recycled 90 days from the date of the meeting.
The tapes are available for members of the public to listen to during regular
office hours.
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