HomeMy WebLinkAbout2006-04-10 City Council Summary Minutes
Regular Meeting
April 10, 2006
1. Resolution 8595 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Eve Agiewich for Outstanding Public
Service as a Member of the Human Relations Commission” ................ 211
1A. Selection of Candidates to be Interviewed for the Public Art
Commission .................................................................................. 211
APPROVAL OF MINUTES ......................................................................... 212
2. Approval of Amendment No. 1 to Contract C3152808 with Van Meter
Williams Pollack in the Amount of $44,700 for a Total Contract Amount of $117,345 for Urban Design Consulting for the Zoning Ordinance
Update (ZOU), and Amendment No. 2 to Contract S05108629 with
MHA Environmental Consulting, Inc. in the Amount of $46,875 for a
Total Contract Amount of $185,875 for Urban Planning Consulting ...... 212
3. 449-453 Addison Avenue: Recommendation from the Historic Resources Board at the Request of the Owner, Margo Schmidt, to
Designate a Residential Building to the City of Palo Alto’s Historic
Inventory in Category 2 Pursuant to Municipal Code Chapter 16.49
(Historic Preservation Ordinance) .................................................... 212
4. Approval to Increase Purchase Order No. 4606000269 with Sierra
Chemical Company in the Amount of $65,000 for a total of $314,600
for the Purchase of Bulk Chlorine and Sulfur Dioxide for the Water
Quality Control Plant ..................................................................... 212
5. Review of Local Hazard Mitigation Plan ............................................. 213
6. Colleagues Memo from Mayor Kleinberg and Council Member Barton
regarding Endorsement of Measure C, Foothill/De Anza College
Repair/Job Training Bond Measure ................................................... 214
04/10/06 100-209
7. Colleagues Memo from Council Members Beecham, Morton, and
Mossar regarding Initiation of Public/Private Partnership for Art Center
Capital Improvements................................................................... 215
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM
CONFERENCES .............................................................................. 220
FINAL ADJOURNMENT ............................................................................ 220
04/10/06 100-210
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:08 p.m.
PRESENT: Beecham, Cordell, Drekmeier, Klein, Kleinberg, Morton,
Mossar
Absent: Barton, Kishimoto
SPECIAL ORDERS OF THE DAY
1. Resolution 8595 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Eve Agiewich for Outstanding Public
Service as a Member of the Human Relations Commission”
MOTION: Council Member Morton moved, seconded by Cordell, to approve
the resolution for Eve Agiewich.
MOTION PASSED: 7-0, Barton, Kishimoto absent.
1A. Selection of Candidates to be Interviewed for the Public Art
Commission
MOTION: Council Member Klein moved, seconded by Cordell, to interview all four applicants.
MOTION PASSED: 7-0, Barton, Kishimoto absent
ORAL COMMUNICATIONS
Chunrong Zhon, 100 Hoskins Court #108, spoke regarding human rights.
Maya Spector spoke regarding Service Employee International Union (SEIU)
request for completion of clerical study.
Susan Caudill spoke regarding the SEIU request for completion of the clerical
study.
Ranya Anabtawi spoke regarding the SEIU request for completion of the
clerical study.
Alicia Spotwood spoke regarding the SEIU request for completion of the
clerical study.
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Annette Puskarich spoke regarding the SEIU request for completion of the
clerical study.
Mary Quan, 2561 Alvin Street, Mountain View, spoke regarding death camps
inside China.
Maria Daly, 24501 Summerhill Avenue, spoke regarding death camps inside
China.
LiJuan Ma, 845 Ramona Street, spoke regarding the Falun Gong.
APPROVAL OF MINUTES
MOTION: Council Member Morton moved, seconded by Mossar, to adopt
the minutes of March 13, 2006, as submitted.
MOTION PASSED 7-0, Barton, Kishimoto absent.
CONSENT CALENDAR
MOTION: Council Member Morton moved, seconded by Mossar, to approve
Item Nos. 2 through 4 on the Consent Calendar.
2. Approval of Amendment No. 1 to Contract C3152808 with Van Meter
Williams Pollack in the Amount of $44,700 for a Total Contract Amount
of $117,345 for Urban Design Consulting for the Zoning Ordinance
Update (ZOU), and Amendment No. 2 to Contract S05108629 with
MHA Environmental Consulting, Inc. in the Amount of $46,875 for a
Total Contract Amount of $185,875 for Urban Planning Consulting
3. 449-453 Addison Avenue: Recommendation from the Historic
Resources Board at the Request of the Owner, Margo Schmidt, to
Designate a Residential Building to the City of Palo Alto’s Historic
Inventory in Category 2 Pursuant to Municipal Code Chapter 16.49
(Historic Preservation Ordinance)
4. Approval to Increase Purchase Order No. 4606000269 with Sierra
Chemical Company in the Amount of $65,000 for a total of $314,600
for the Purchase of Bulk Chlorine and Sulfur Dioxide for the Water Quality
Control Plant
MOTION PASSED 7-0, Barton, Kishimoto absent.
REPORTS OF OFFICIALS
04/10/06 100-212
5. Review of Local Hazard Mitigation Plan
Assistant City Manager Emily Harrison said the Local Hazard Mitigation Plan
(LHMP) was before Council for further review and discussion to comply with
the Association of Bay Area Governments’ (ABAG) deadline.
Council Member Mossar asked whether a motion was required to accept and
file the Plan.
Ms. Harrison said amendments made to the Plan would require a motion.
Robert Moss, 4010 Orme Street, suggested educating the public on how to
retrofit houses and soft-story buildings. Financial incentives should be given
to building owners to encourage retrofitting their buildings. Another area
that needed to be looked at was unreinforced masonry buildings.
Mayor Kleinberg said, as a follow up to Mr. Moss’ comment, the Emergency
Preparedness Council had presented a map to the City, which included soft-story buildings. She questioned the status on the issue of property rights if
a property owner was asked to do repairs without a legal notice.
Chief Building Official Fred Herman confirmed the County had conducted an
inventory on soft-story buildings throughout the County but the City did not have the exact location of the buildings. He said it was a complicated issue
and would require extensive research and looking into the economics of
buildings in lower-cost housing areas. The City of Berkeley was working on
an Ordinance and was the only city in the area working on the issue.
Mayor Kleinberg said there was a moral and ethical obligation to protect the
citizens of Palo Alto in an event of a disaster and she was interested in the
process used by the City of Berkeley. She said she had seen a map with
addresses identifying soft-story buildings and questioned how difficult it
would be to provide the information.
Mr. Herman said it would require extensive research. It took six years to
adopt an Ordinance for fifty-two commercial, unreinforced, masonry
buildings in Palo Alto. Additionally, there were other types of hazardous
structures such as “tilt up” buildings.
Mayor Kleinberg asked whether it was the City’s responsibility to notify
owners and tenants regarding hazardous buildings.
Mr. Herman said it was the City’s responsibility but would require an
Ordinance.
04/10/06 100-213
Mayor Kleinberg asked if could be done without an Ordinance.
City Manager Frank Benest suggested staff meet with the City Attorney to
prepare an informational report to explore the questions raised.
Mayor Kleinberg concurred with the City Manager’s suggestion and asked
that it be done. She said staff report (CMR:171:06) will be accepted and
filed.
No action taken.
COUNCIL MATTERS
6. Colleagues Memo from Mayor Kleinberg and Council Member Barton
regarding Endorsement of Measure C, Foothill/De Anza College
Repair/Job Training Bond Measure
Ken Horowitz, 525 Homer Avenue, said many healthcare professionals, who worked and cared for residents in Palo Alto, were trained at Foothill/De Anza
College. Residents without insurance were treated at the dental hygiene
clinic at Foothill College that needed modernization. He urged the Council to
support the Bond Measure.
Erwin Morton, 1491 Kings Lane, spoke on behalf of the Parent and Teachers
Association (PTA) and said students deserved their support and upgrades to
the facilities were necessary.
Betsy Bechtel, 458 Lowell Avenue, President of the Board of Trustees for
Foothill/DeAnza College, said the Board unanimously voted to place the
Measure on the June 6, 2006 ballot. Foothill/DeAnza College was the
leading district in workforce training and in transferring students to four-year
colleges. It would be a 15-year plan and the anticipated distribution of
funds would be 40 percent for maintenance and renovation, 30 percent for
new buildings at college sites, 20 percent for technology upgrades, and 10
percent for property acquisition. Impact to voters would be $24 per
$100,000 of assessed valuation or approximately $100 per year for the
average assessed valuation. She asked for the Council’s support.
Council Member Morton stated for the record his firm provided accounting
services to the Foothill/DeAnza Faculty Association. He said he would
continue to participate in discussing the item since the association did not
deal directly with capital improvement items.
04/10/06 100-214
MOTION: Mayor Kleinberg moved, seconded by Beecham, to direct staff to
bring back a resolution in April 2006 in support of Measure C, the Foothill/De
Anza College Bond Measure. Measure C will be placed on the June 6, 2006
ballot.
Council Member Beecham said with the rapid turnover of jobs in the Silicon
Valley, local colleges helped train students to compete locally and
throughout the world.
Council Member Klein said programs offered through community colleges
helped strengthen the world economy. Many countries did not have
community college systems and it was important to support a program that
benefited the citizens and the economy.
MOTION PASSED 7-0, Barton, Kishimoto absent.
7. Colleagues Memo from Council Members Beecham, Morton, and
Mossar regarding Initiation of Public/Private Partnership for Art Center Capital Improvements.
James Ngo, 2727 Midtown Court #36, spoke regarding art appreciation.
Erin Mittmann, 2377 Saint Francis Drive, presented a poster she made to the Council depicting her appreciation for the Art Center. Mayor Kleinberg said
the poster would be displayed in the Mayor’s Office.
Henry spoke regarding his appreciation for the art and “to-do” projects at
the Art Center.
Fran Adams, 1111 Stanley Way, said the facilities at the Art Center needed
to be upgraded, specifically the air-conditioning and ventilation.
Tess Sinclair, 1313 Newell Road, spoke of the need to protect the Art Center
Deborah Rogers, 2160 Avy Avenue, Menlo Park, spoke of the musical events
that took place at the Art Center. The heating and air conditioning system in
the auditorium, and the lighting and bathrooms at the Center were in great
need of repairs. Improvements to the Center would make events a more
pleasurable and comfortable experience for audiences and musicians.
Ron Cooper, 404 West Meadow Drive, said the Art Center was a unique
blending of educational, aesthetic, and creative opportunities for the citizens of Palo Alto and urged the Council to support the motion.
04/10/06 100-215
Meridee Taylor, 777-71 San Antonio Road, said the Art Center was a forum
for the practice, viewing, and discussion of art. She asked the Council for
the financial support to upgrade the Art Center.
Erwin Morton, 1491 Kings Lane, urged the Council to support the motion.
Steve Curl, 460 Everett Avenue #1, said the Art Center was a place where
people could exercise their artistic potential and carry out a spirit of
creativity. He asked the Council to support the motion.
Armando Bottelli, 1747 Cunningham Street, Santa Clara, spoke of
neighboring residents of Palo Alto, who attend events at the Art Center, and
the importance of partnerships between public and private institutions. He
urged the Council to support the motion.
Anne Gregor, 1220 Hamilton Street, said the memo summarized the many
attributes and services to the community provided by the Art Center. The
Center received over 80,000 visitors per year and she expressed the need to renovate the facilities.
Abby Bradski, 1543 Madrone Avenue, spoke of her appreciation for the Art
Center and how it taught children to love museums. She urged the Council
for their support.
Jim Niforopulos, 427 Alma Street, spoke of the Palo Alto Camera Club and
how the Art Center was a valuable resource where the club exchanged their
art. He said “civilization was not measured by the wars they wage, win or
lose, nor the gross national product, but measured by the art they
produced.”
Diana Krippendorf, 265 Monaco Drive, Redwood City, spoke of the Cultural
Kaleidoscope Program. The program consisted of twelve Palo Alto and
thirteen Ravenswood classes that helped build relationships between the
children and enriched the children’s lives in East Palo Alto.
Herb Borock, P.O. Box 632, spoke regarding the allocation of funds for the
Public/Private Partnership for the Art Center and the need to reconcile
allocations for rehabilitation projects and capital improvement projects.
Davy Quezada spoke regarding the need to upgrade and renovate the Art
Center, specifically the ventilation and a better auditorium.
04/10/06 100-216
Penny Durham, Menlo Park, spoke of the uniqueness of the Art Center, its
activities and the quality of its high standard of teaching. She encouraged
the Council to support the Center and to help it flourish into the future.
Stephanie Munoz, 101 Alma, #101, spoke in support of the repairs to the
Center, but discouraged expanding the facilities and suggested further
consideration be given to not utilizing open space.
MOTION: Council Member Beecham moved, seconded by Morton, to direct
staff to return to Council with a draft agreement between the City and the
Art Center Foundation under which the City would commit matching funds,
in an amount not to exceed the escalated cost of repairs/upgrades projected
in the Infrastructure Management Study (approximately $1.7 million), to be
matched by funds raised privately by the Foundation for such
repairs/upgrades and additional capital improvements, as agreed jointly.
Council Member Beecham clarified the needs of the facilities as part of the
$1 million deficit infrastructure improvement requirements in the City. He said the City was obligated to take care of its infrastructure but questioned
the funding. There was a group of citizens willing to tax themselves to help
the City do the job. Revenues were needed to work on infrastructure, as it
would not be possible to rely on the generosity of the citizens alone. The
City needed to find other sources. He made a correction to the colleague’s memo. Under “Recommendations” the paragraph stated the city would
commit matching funds in an amount not to exceed the escalated cost of
repairs/upgrades projected in the Infrastructure Management Study
(approximately $2.5 million). The correction should be “approximately $1.7
million.”
Council Member Morton urged Council to accept the initiation of
Public/Private Partnership to help provide the Center with an environment to
reflect the quality of activities at the Art Center.
Council Member Mossar said approval of the motion would open the door for
conversation between the City and the Art Center Foundation in utilizing the
monies for repairs and improvements to the facility.
Council Member Klein said his interpretation of the motion was the City
would not turn over its funds until the Art Center Foundation reached its
goal.
Council Member Beecham said that was the intent.
04/10/06 100-217
Council Member Klein said he did not want to send a message to potential
donors that it was a $3 to $4 million project. He asked the recommendation
have a provision not to commit the City funds until the Art Center
Foundation raised the amount necessary to fund the Art Center’s Master
Plan.
Council Member Beecham said the item was being sent back to staff to
negotiate with the Art Center Foundation on how to maximize leverage of
City funds, which would need Council’s final approval.
Council Member Mossar clarified the memorandum did not mention a one-to-
one match.
Council Member Klein said the word “match” was used and without a number
he interpreted “match” as one-to-one.
Council Member Beecham said that was the initial intent when the
approximate target was $5 million but with the corrected amount of $1.7 million and unavailable City funds identified in a study, it was appropriate to
ask the Foundation to work out the best leverage in meeting the target.
Council Member Klein asked whether an amendment could be made to
indicate the matching amount.
Council Member Beecham said he would accept an amendment.
Council Member Morton said if the Art Foundation had to raise half of a
hypothetical $10 or $12 million, it would be another ten years before
reaching a goal. If the motion was to have staff return with an amount for
the total project, it would not work.
Council Member Klein said it would be more persuasive to the donor to know
the matching ratio. They would know what they are contributing towards
and the City would know what the project would be.
Council Member Morton said the City needed to show support for the project.
If this item returned without a commitment to proceed with upgrades to the
facilities, he would not accept the proposed changes and withdrew his
second to the motion.
Council Member Beecham asked that his motion include the statement “the
matching ratio would be discussed with the Foundation to maximize the project.”
04/10/06 100-218
SUBSTITUTE MOTION: Council Member Beecham moved, seconded by
Mossar, to direct staff to return to Council with a draft agreement between
the City and the Art Center Foundation under which the City would commit
matching funds, in an amount not to exceed the escalated cost of repairs/
upgrades projected in the Infrastructure Management Study (approximately
$1.7 million), to be matched by funds raised privately by the Foundation for
such repairs/upgrades and additional capital improvements, as may be
jointly agreed upon. Furthermore, the matching ratio would be discussed
with the Foundation to maximize the project.
Council Member Morton said the revised language was broad enough that he
would accept the motion, with the understanding to not burden the Art
Center Foundation with another limitation they would be unable to meet.
Mayor Kleinberg asked Council Member Beecham if there was a plan on how
to review the overall priorities to determine the use of the Infrastructure
Fund.
Council Member Beecham said he did not have a plan but was aware the
project was long overdue. The Foundation was willing to put up the money
but needed a plan on how to leverage the funds.
Mayor Kleinberg said Palo Alto had a generous community and felt there were other groups willing to step forward and raise money for culture,
knowledge and education for the children. The challenge was not just about
money but how the City balanced the offers with respect, and leveraged the
funds without dividing, conquering, and competing. She wanted to know
when the item would be presented to the Policy and Services Committee for
discussion.
Ms. Harrison said it was scheduled for April 26, 2006.
Mayor Kleinberg stated the Public/Private Partnership with the Art Center
Foundation could be a model and a way to improve City resources.
Council Member Beecham clarified the recommendation was consistent with
the existing Infrastructure Management Study and would not go beyond the
identified needs. He said, putting the Foundation’s offer into perspective, if
funds were met on a one-to-one basis, the $100 million dollar deficit would
drop to $50 million dollars and a three-to-one match would drop the City’s
deficit to $33 million dollars.
MOTION PASSED 7-0, Barton, Kishimoto absent.
04/10/06 100-219
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Council Member Beecham reported he attended a Northern California Power
Agency (NCPA) meeting in Roseville on April 10, 2006, to deal with
governance issues, which will be brought to Council for review and approval.
Mayor Kleinberg requested the status of the clerical study.
Ms. Harrison said it is expected the study will be complete by the end of
June 2006.
FINAL ADJOURNMENT: The meeting adjourned at 9:20 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.
04/10/06 100-220