HomeMy WebLinkAbout2006-06-26 City Council Summary Minutes Special Meeting June 26, 2006
1. Police Policies and Procedures .......................................................... 388
ORAL COMMUNICATIONS ......................................................................... 388
2. Proclamation Honoring the Palo Alto Council of Parents and Teachers
Associations (PTA) .......................................................................... 389
4. 1st Reading - Ordinance Amending Section 16.11.020 and Adding New Section 16.11.070 of Chapter 16.11 of Title 16 of the Palo
Alto Municipal Code Pertaining to Storm Water Pollution Prevention Measures ................................................................... 390
5. Resolution Authorizing the City Manager to Submit to the California
State Coastal Conservancy a Grant Application for Funds which the City Intends to Expend on Spartina Treatment and Eradication in the Palo
Alto Baylands ................................................................................. 390
6. Resolution Supporting Formation of the Santa Clara County Regional
Public Employee Health Benefits Coalition .......................................... 390
7. Amendment Number Two to Stanford Fire Contract to Update Language
and Terms to Clarify Current Fire Service Procedures which have no
Material Effect to Cost-Sharing Agreement ........................................ 390
8. Approval of a Utilities Enterprise Fund Contract with Wilson Construction Company in the Amount of $854,156 for 4 to 12KV
Conversion Capital Improvement Program Projects in Various Areas
(EL-05020, EL-05021 & EL-05022) ................................................... 391
8a. Award of a Contract with American Truck and Trailer Body Company in
the Amount of $500,000 for Truck Body Fabrication and Truck
Equipment Installation Services ....................................................... 391
11. Colleagues memo from Mayor Kleinberg for Approval of Ad Hoc
Committee on Revenue Creation and Enhancement ............................ 391
06/26/06 100-386
9. Colleagues Memo from Vice Mayor Kishimoto and Council Members
Cordell and Drekmeier Regarding Endorsement of a Resolution
Supporting the Reform of the Redistricting Process in California Through a New Independent Commission....................................................... 391
10. Colleagues Memo from Council Members Beecham, Drekmeier and
Mossar Requesting Direction to the Parks and Recreation Commission
to Consider the Needs and Opportunities for Additional or Enhanced
Water Recreation Access and/or Facilities and to Identify Ways in Which
Palo Alto Might Support the San Francisco Bay Water Trail. ................. 392
12. Request for City Council 1) Acceptance and Approval of the Public
Safety Building Blue Ribbon Task Force Recommendations; 2) Approval to Begin Preliminary Discussions for Property Acquisition with Owners of
Preferred Site for the Proposed Public Safety Building; 3) Direction to
Staff to Bring Back Financing Options; 4) Direction to Staff to Return to Council with a Resolution of Intent to Recover Costs Incurred Prior to
any Debt Issuance; 5) Direction to Staff to Negotiate a Consultant Amendment with RossDrulisCusenbery, Architects to Proceed with
Environmental Assessment and Schematic Design for the Public Safety
Building Project PE-98020 ............................................................... 393
12A. (Old Item 3) Council Direction for Police Auditor Selection Process ....... 400
COUNCIL COMMENTS, ANNOUNCEMENTS, & REPORTS FROM CONFERENCES .. 400
ADJOURNMENT: The meeting adjourned at 10:17 p.m. ................................ 402
06/26/06 100-387
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:08 p.m.
Present: Barton, Beecham, Cordell, Drekmeier, Kishimoto, Klein,
Kleinberg, Mossar
Absent: Morton
STUDY SESSION
1. Police Policies and Procedures
Deputy City Attorney Don Larkin conducted a presentation regarding
Police policies and procedures. He indicated police policies and
procedures relate to the internal operation of the department. They
cover areas including the role and authority of law enforcement;
organization and administration; patrol, traffic, and investigative
operations; equipment; technical services; custody; and personnel. The
policies are based upon the United States and California Constitutions,
State Statute, case law, best practices, industry standards, and County
protocols. Palo Alto contracts with Lexipol for the development of the
policies and procedures. The policies are adapted to Palo Alto. While
the Police Chief may only adopt changes to the policies, some policies
may require meet-and-confer with the Police Association. Mr. Larkin
provided examples of Council’s role in the policies that include the
establishment of the Police Auditor, approval of the Department’s
strategic plan, the Municipal Code and the creation of ordinances such
as the leaf blower ban, taxicab regulations, etc. The Council also set
the Department Budget and controls staffing levels and resources. The
Police Chief may seek input from the Human Relations Commission
and/or the City Council on discretionary policy that significantly and
directly impacts community relations such as the mobile audio/video
policy, citizen complaint process, and demographic data collection.
No action required.
ORAL COMMUNICATIONS
Daniel Engelhardt, 935 Menlo Oaks Drive, spoke regarding a Palo Alto student film and requested a waiver of the permit.
Mayor Kleinberg said the film was being produced under a corporate
partnership and permit fees could not be waived.
City Attorney Gary Baum said the film was put together by a for-profit
06/26/06 100-388
corporation and not consistent with City policies. However, the Council
could make the final decision.
Mayor Kleinberg asked the City Attorney whether the Council could
issue a one-time waiver.
Mr. Baum said issuing a one-time waiver to a for-profit corporation could set precedence for issuing waivers to all for-profit organizations
in the future.
Floyd Grandell, 808 Loma Verde Avenue, spoke regarding sidewalk
repair and the problem with tree roots.
Christine Kloeti, P.O. Box 754, spoke regarding Palo Alto bad
vibrations.
John K. Abraham, 736 Ellsworth Place, spoke regarding police data and
racial profiling.
Robert Moss, 4010 Orme Street, spoke regarding the campaign to save
Moffett Air Force Base Hangar One.
Greg Schmid, 3428 Jamie Way, spoke regarding long-term planning in
South Palo Alto.
SPECIAL ORDERS OF THE DAY
2. Proclamation Honoring the Palo Alto Council of Parents and
Teachers Associations (PTA)
Mayor Kleinberg presented the PTA with a Proclamation and thanked
them for their hard work and support to the community.
President Melissa Caswell accepted and thanked the Council for the
Proclamation and expressed gratitude to the community.
Dan Dykwel acknowledged Ms. Caswell’s outstanding dedication and
work and looked forward to her return in the upcoming year.
No action required.
CONSENT CALENDAR
MOTION: Vice Mayor Kishimoto moved, seconded by Cordell, to pull
Item No. 3 from the Consent Calendar to become Item No. 12A.
06/26/06 100-389
Council Member Cordell stated she would not participate in Item No. 7
due to a conflict of interest because she was employed by Stanford
University.
Council Member Mossar stated she would not participate in Item No. 7
due to a conflict of interest because her husband was employed by Stanford University.
Council Member Klein stated he would not participate in Item No. 7 due
to a conflict of interest because his wife was employed by Stanford
University.
MOTION: Council Member Klein moved, seconded by Barton, to
approve Consent Calendar Items Nos. 4 through 8a.
4. 1st Reading - Ordinance Amending Section 16.11.020 and
Adding New Section 16.11.070 of Chapter 16.11 of Title 16
of the Palo Alto Municipal Code Pertaining to Storm Water
Pollution Prevention Measures
5. Resolution Authorizing the City Manager to Submit to the
California State Coastal Conservancy a Grant Application for
Funds which the City Intends to Expend on Spartina Treatment
and Eradication in the Palo Alto Baylands
Resolution 8627 entitled “Resolution Authorizing the City
Manager to Submit to the California State Coastal
Conservancy a Grant Application for Funds which the City
Intends to Expend on Spartina Treatment and Eradication
in the Palo Alto Baylands”
6. Resolution Supporting Formation of the Santa Clara County
Regional Public Employee Health Benefits Coalition
Resolution 8628 entitled “Resolution Supporting Formation
of the Santa Clara County Regional Public Employee Health
Benefits Coalition”
7. Amendment Number Two to Stanford Fire Contract to Update
Language and Terms to Clarify Current Fire Service Procedures
which have no Material Effect to Cost-Sharing Agreement
8. Approval of a Utilities Enterprise Fund Contract with Wilson
Construction Company in the Amount of $854,156 for 4 to 12KV
06/26/06 100-390
Conversion Capital Improvement Program Projects in Various
Areas (EL-05020, EL-05021 & EL-05022)
8a. Award of a Contract with American Truck and Trailer Body
Company in the Amount of $500,000 for Truck Body Fabrication
and Truck Equipment Installation Services (Item continued from 6/19/06)
MOTION PASSED for Agenda Items 4 through 6, 8, 8A, 8-0 Morton
absent.
MOTION PASSED for Agenda Item 7, 5-0 Cordell, Klein, Mossar not
participating, Morton absent.
11. Colleagues memo from Mayor Kleinberg for Approval of Ad Hoc
Committee on Revenue Creation and Enhancement.
Mayor Kleinberg requested the item be removed from the agenda. She
said a step was missing to determine revenue enhancement and cost
reduction in the analysis of strategies and accomplishments. A Study
Session was scheduled before the end of July 2006 to get staff’s update
on accomplishments and what was in process in terms of revenue
creation and cost reduction strategies.
COUNCIL MATTERS
9. Colleagues Memo from Vice Mayor Kishimoto and Council
Members Cordell and Drekmeier Regarding Endorsement of a
Resolution Supporting the Reform of the Redistricting Process in
California Through a New Independent Commission
MOTION: Council Member Drekmeier moved, seconded by Kishimoto,
to support the resolution in favor of redistricting reform through the
creation of a diverse and independent redistricting commission, explicit
and ranked redistricting mapping criteria and an open and transparent
hearing process.
Resolution 8629 entitled, “Resolution Creating an Independent
Commission, Representative of California’s Diversity, Partisan
Balance, and Geography for all Future Redistricting”
Council Member Drekmeier said the item was an important issue to
California, which had become increasingly polarized. He spoke of a
situation where elected statewide officials created their own boundaries to exclude potential candidates they did not want to run against. The
boundaries were designed to maintain the status quo and not based on
06/26/06 100-391
geographical areas or on common interest. He asked the resolution be
passed in support of reform.
Vice Mayor Kishimoto asked the Council to endorse the principles
outlined in the resolution that were embodied in a proposed legislation,
Senate Constitutional Amendment No.3 (SCA 3). She said Senator Joe
Simitian was a co-author of SCA 3.
Doris Petersen, 1803 Edgewood Drive, President of Palo Alto League of
Women Voters, said the League advocated a non-partisan redistricting
reform. Passing of the resolution would send a strong message to
Californians to support a meaningful redistricting reform. She urged
the Council to support the resolution.
Council Member Beecham registered a “no” vote. He said his opinion
was that this issue was not under the control of the City of Palo Alto
and his vote did not indicate disagreement or agreement with the
issue.
MOTION PASSED 7-1, Beecham no, Morton absent.
10. Colleagues Memo from Council Members Beecham, Drekmeier
and Mossar Requesting Direction to the Parks and Recreation
Commission to Consider the Needs and Opportunities for
Additional or Enhanced Water Recreation Access and/or Facilities
and to Identify Ways in Which Palo Alto Might Support the San
Francisco Bay Water Trail.
MOTION: Council Member Mossar moved, seconded by Beecham, to
direct the Parks and Recreation Commission to consider the needs and
opportunities for additional or enhanced water recreation access and/or
facilities and to identify ways in which Palo Alto might support the San
Francisco Bay Water Trail.
Council Member Mossar said The Bay Conservation and Development
Commission was updating the San Francisco Bay Plan and was looking
at water recreation needs around the bay. The state legislature had
established the San Francisco Bay water trail, which was a water path
where people could explore all areas of the Bay by water. She said the
Parks and Recreation Commission (PARC) was looking at ways to
determine the needs for recreational activities but did not include water
recreation. Understanding the recreational needs around the Bay when
establishing the Baylands Master Plan would be beneficial to ensure the plan was compatible with the needs.
06/26/06 100-392
Vice Mayor Kishimoto asked to add the word “non-motorized” to the
motion since it was included in the colleagues’ memo.
Council Member Mossar said it was acceptable.
Mayor Kleinberg said sailboats and small recreational vehicles required
motors as a safety precaution in the event of running out of fuel. By adding “non-motorized” to the motion it placed a restriction on such
vehicles. She did not support the motion.
Council Member Cordell asked whether the maker and seconder would
reconsider the proposed recommended language due to legitimate
concerns regarding safety issues.
Council Member Mossar said the intent of the word “non-motorized”
was to clarify not having motorized water ski activities in the Baylands
but not to exclude recreational vehicles that required motors for safety
purposes. She asked the PARC to decide on the types of vessels that
would be allowed. She withdrew her support for the amendment.
MOTION PASSED 8-0, Morton absent.
REPORTS OF COMMITTEES AND COMMISSIONS
12. Request for City Council 1) Acceptance and Approval of the Public
Safety Building Blue Ribbon Task Force Recommendations; 2)
Approval to Begin Preliminary Discussions for Property Acquisition
with Owners of Preferred Site for the Proposed Public Safety
Building; 3) Direction to Staff to Bring Back Financing Options; 4)
Direction to Staff to Return to Council with a Resolution of Intent
to Recover Costs Incurred Prior to any Debt Issuance; 5)
Direction to Staff to Negotiate a Consultant Amendment with
RossDrulisCusenbery, Architects to Proceed with Environmental
Assessment and Schematic Design for the Public Safety Building
Project PE-98020
Former Mayor Victor Ojakian gave a summary of the Public Safety
Building Blue Ribbon Task Force’s (BRTF) process and the information
compiled as outlined in staff report CMR:280:06, Attachment A. He
said in 1985 the staff identified the needs for a new Public Safety
Building. From 1997 through 2005, the Council provided the public
with information regarding the need for an improved facility and on
December 12, 2005, the Council authorized a community-based committee to look into a Public Safety Building. The BRTF was co-
chaired by former Mayors Vic Ojakian and Lanie Wheeler and 13
06/26/06 100-393
community members with diverse backgrounds. The BRTF met 13
times between January and June of 2006 and, with the support from
staff, extensive research was completed. On June 26, 2006, the Public
Safety BRTF Report was presented to the Council for approval.
Ray Bacchetti, Task Force Member, gave an overview of the needs and
conclusions made by the BRTF. He said the Public Safety Building would consist of the Police Department, Emergency Operations Center
(EOC), and the 9-1-1 Communications and Dispatch Center. The Police
Department and Centers would serve the City and Stanford and would
be housed in a building strong enough to function after a catastrophic
event such as a major earthquake. Design and engineering
requirements were specified in the building codes. The current building
did not meet those codes. The police department had grown by 28
percent in responsibilities since 1970. Part of the growth included
female officers and the need for separate lockers, showers and toilet
facilities. In addition to staff growth were rules governing the process,
handling and storage of evidence, prisoner processing, and recording
keeping. In regard to health and safety regulations, investigative work
involved the use of chemicals or pathogens that required fume hoods
and separate air systems to prevent contaminating. The current
building did not meet those requirement. Palo Alto was disadvantaged
in recruitment and retaining officers and staff due to the inadequacies
of the public safety facilities. The BRTF visited the public safety
buildings in Redwood City, Mountain View, Santa Clara, and Fremont.
They ranged in size from 44,000 to 70,000 square feet compared to the
24,000 square feet of the current Palo Alto building.
Mr. Ojakian said the proposed building size was 49,600 square feet,
which was determined by examining the proposed space needs,
questioning each space as to its function, priority, size, code and other
technical requirements.
Former Mayor Lanie Wheeler said over two dozen potential sites were
examined and a list of criteria developed to determine a suitable
location. There were four favorable sites ranked by the BRTF from
most to least desirable: 1) Park Boulevard site would accommodate all
of the core functions and parking; 2) Gilman Street site was a parking
lot located between Bryant and Gillman Avenue; 3) California Avenue
site had two parking lots located on California Avenue; and 4) renovate
and expand the existing site. To renovate the existing site posed
numerous problems, which would require relocation of polices services,
the Council and Council’s function held in the Chambers, and would cost more than the other sites. The current estimated cost for a
building on vacant private land ranged from $38 to $45 million; a
06/26/06 100-394
building on a public-owned parking lot ranged from $45 to $50 million;
and to renovate the existing site ranged from $50 to $55 million. The
cost would change over time as the project got closer to the time of
actually building the facility. However, the BRTF was comfortable with
the costs shown in the study and felt they would remain approximately
the same.
Director of Public Works Glenn Roberts read a correction into the
record. He said Appendix 7 of the BRTF Final Report, under Comparable
Police Data for the City of San Mateo, Violent Crime, should be 416 and
Aggravated Assault should be 251. He asked the Council to: 1) accept
and approve the June 19, 2006 Mayor’s Public Safety Building Blue
Ribbon Task Force recommendations; 2) direct the City Manager and
City Attorney to begin preliminary discussions for property acquisition
on the preferred site; 3) direct staff to bring back financing options by
December 2006 or January 2007; 4) direct staff to return to the Council
with a Resolution of Intent to recover costs incurred prior to any debt
issuance; and 5) direct staff to negotiate a consultant amendment with
RossDrulisCusenbery to modify the current Capital Improvement
Project (CIP).
Council Member Cordell said she did not have a question but wanted to
make a motion.
Council Member Drekmeier needed the City Attorney to clarify the
possibility of rezoning the Park Boulevard property to allow higher
density that would increase the property value and be affected by the
eminent domain legislation to be placed on the November ballot.
Mr. Baum said the value of the property to the City was at its highest
and best use. The new legislation could affect the ability to take the
property but would not affect the value. The Council and the Planning
and Transportation Commission (P&TC) had instructed the
Administrative Services Director to consider the project as moved
through the planning process. The City would pay for the highest and
best use regardless.
Ms. Wheeler said staff had informed the BRTF on the status of the
property and considered the site as favorable.
Council Member Drekmeier said there had been discussion prior to the
BRTF meeting of having a state-of-the-art green building but it was not
mentioned in the report. He asked whether it was still a possibility.
Ms. Wheeler referred to Appendix 2 of the report which indicated an
06/26/06 100-395
allowance of 900 square feet and its cost and size was factored into the
plan.
Mr. Ojakian concurred with Council Member Drekmeier’s statement that
a green building would cost more up front but would be more cost-
effective in the long run. The Redwood City building was a good
example with an atrium structure that affected the lighting and heating.
Council Member Klein said his understanding was the measure on the
ballot in regard to condemnation by cities was that it would limit
condemnation for private use but would not affect the City’s ability to
take the land for public purposes.
Mr. Baum said his understanding was it would not affect the City’s
ability to take the land but was not familiar with the details.
Council Member Drekmeier confirmed that Council Member Klein’s
statement was correct.
Vice Mayor Kishimoto asked whether the Park Boulevard site was a
General Manufacturing Combining District (b) (GMB) that determined
the highest and best use.
Mr. Baum said it was on the housing inventory.
Vice Mayor Kishimoto asked whether 10 units of housing would be
added to the evaluation.
Mr. Baum cautioned the Council to not discuss evaluations in public and
assured the Council could not provide any entitlement to change the
current value of the property.
Vice Mayor Kishimoto asked what the impact would be on the operating
budget.
Assistant City Manager Emily Harrison said an exact budget was being
developed. Having a state-of-the-art building would be more energy
efficient, which would result in savings. The building design would have
a big impact on operating costs.
Vice Mayor Kishimoto said there was the potential $4 million for
carrying the financing cost.
Ms. Harrison said she would defer to the Administrative Services
Director regarding the $4 million, but she assumed Vice Mayor
06/26/06 100-396
Kishimoto was correct.
Vice Mayor Kishimoto asked staff to verify Mr. Shuchat’s statement
regarding a four-year timeframe to construct the California Avenue site.
Mr. Roberts said he was unsure of the four years but his calculation
was closer to two years plus.
Vice Mayor Kishimoto asked about having retail on the California
Avenue site and the sale of the Colorado Transformer Station and
questioned the size of the property.
Ms. Harrison said four acres was occupied by Pacific Gas and Electric
(PG&E). It was close to the Colorado Switching Station that would be
completed in 2006. To defray some of the cost of acquiring the land it
was suggested to sell or swap other City properties. The Colorado site
was not a feasible site for the project.
Ms. Wheeler said one criteria was the sites could not be subject to
flooding and liqui-faction and every piece of property along the West
Bayshore frontage was subject to flooding or liqui-faction
Mayor Kleinberg asked whether any of the properties had conditional
issues or required clean up from previous uses.
Ms. Wheeler said all of the recommended sites were subject to
environmental review but did not pose any clean up issues at the
current time.
Mr. Roberts said a Phase I evaluation had been obtained from the
owners for the preferred site and there were no unusual or
insurmountable problems.
Mayor Kleinberg asked whether any of the sites had title issues.
Mr. Ojakian said nothing was brought to the BRTF regarding title
issues.
Ms. Harrison said the Park Boulevard site was owned by two property
owners. The level one environmental analysis was done for the larger
parcel and not on the smaller parcel that could cause the possibility of
finding issues.
Mr. Baum asked whether there were preliminary title reports on the
recommended sites.
06/26/06 100-397
Ms. Harrison said she was not certain and was going by the preliminary
work done by the Real Estate Manager.
Mr. Baum said he was unable to give an answer regarding title or the
environmental report. The environmental report had issues that needed
to be resolved.
Terry Shuchat, 290 California Avenue, said the California Area
Development Association (CADA) approved the California Avenue Site
selection. It would bring the Police Department into the area but would
not affect the businesses. He advised the City to act quickly in
purchasing the property due to the dramatic pace in property values.
He estimated a four-year timeframe for the project. It meant
constructing the parking structure first and then two years to build the
police building.
Joy Ogawa spoke of the monies wasted on prior police building plans
and urged the Council to follow through with a plan and not waste any
more funds on future plans.
Herb Borock, P.O. Box 632, spoke of the Council not being able to
make a decision on a site until an environmental review was
completed.
Robert Moss, 4010 Orme, said he would verify and provide the Council
with information as to whether the property on 640 and 1501 Page Mill
Road had toxic contamination. He said it was necessary to invest large
amounts of money in preparing a ballot measure. He had two
suggestions regarding acquisition of the property: 1) put a down
payment on an agreed price and completion of the payment and
acquisition would depend upon the ballot measure being passed and
approved; or 2) purchase the property and resell at a higher price.
Carl Anderson, 4044 Amarant Avenue, was in favor of the California
Avenue site and the BRTF recommendations. The police building would
be in close proximity to the Courthouse. A new and improved building
would withstand a catastrophic disaster, which is essential for retaining
and housing a high quality police personnel force.
MOTION: Council Member Klein moved, seconded by Cordell, to
accept staff recommendation to:
1. Accept and approve the June 19, 2006, Mayor’s Public Safety Building Blue Ribbon Task Force Report recommendations.
2. Direct the City Attorney to begin preliminary discussions for
06/26/06 100-398
property acquisition of the preferred site for the proposed public
safety building.
3. Direct staff to bring back financing options for the project in
December 2006 or January 2007.
4. Direct staff to return to Council with a Resolution of Intent to
recover costs incurred prior to any debt issuance.
5. Direct staff to negotiate a contract amendment with Ross DrulisCusenbery, Architects, to proceed with an Environmental
Assessment and Schematic Design for the Public Safety Building
Project PE-98020.
Council Member Klein stated he was in favor of the BRTF
recommendations and commended the Task Force for the great effort
in compiling the report. The property could be acquired through
condemnation and government rights were clearly set forth in the
Constitution. He hoped an agreement would be met with the owners
on a friendly and beneficial basis. He urged the Council to move
forward on the project and to meet the timeline established by Mr.
Roberts.
Council Member Cordell said if the results meant getting a bond
measure on the ballot, it would be in 2008. Four of the current Council
Members would no longer be on the Council and could advocate
support in passing the bond measure. She urged her Colleagues to
move forward on the recommendations.
Mayor Kleinberg asked to add the following changes to No. 2 the
motion: “to direct the City Manager and the City Attorney” and request
to add “to allow staff to explore as appropriate in parallel different
sites.”
Council Member Klein accepted the first portion but did not accept the
second portion of the amendment.
INCORPORATED INTO THE MOTION WITH THE APPROVAL OF
THE MAKER AND SECONDER to add the words “the City Manager
and” to Item No. 2 of the motion.
Council Member Drekmeier said a new building would free up 24,000
square feet in the City Hall that could be utilized by the Development
Center or for other uses, which would be a financial benefit to the City.
Mayor Kleinberg said she suggested staff explore different sites should the preferred site fall through and to ensure the City would have a site
recommendation in time for the November election.
06/26/06 100-399
Ms. Harrison said Council Member Klein had summarized why
acquisition of the property would not be a problem and felt confident
the City would be able to negotiate acquisition of the site.
MOTION PASSED 8-0, Morton absent.
12A. (Old Item 3) Council Direction for Police Auditor Selection Process
Vice Mayor Kishimoto said the staff report had mentioned two
proposals but there were three. The third was not received on time
due to failure of Federal Express delivery and she asked staff to
elaborate on failure of the delivery.
Assistant City Manager Emily Harrison said the transport issue was
through no fault of the applicant.
Vice Mayor Kishimoto asked whether she could make a motion to
accept staff’s recommendation and to amend evaluating three
proposals instead of two.
City Attorney Gary Baum said it was acceptable to waive the procedural
defect on the timing delay to allow the third proposal to be considered.
Herb Borock, P.O. Box 632, said the Brown Act required interviews be
held in open session for independent contractors that were not
employees, and a closed session for independent contractors who acted
as officers or employees.
MOTION: Vice Mayor Kishimoto moved, seconded by Cordell, to
confirm the process outlined in the staff report for selection of a police
auditor and waive any procedural defects to allow the third application
received for the police auditor.
MOTION PASSED 8-0, Morton absent.
Council Member Cordell left the meeting at 10:05 p.m.
COUNCIL COMMENTS, ANNOUNCEMENTS, & REPORTS FROM CONFERENCES
Council Member Drekmeier referred to the request to waive permit fees
for an on-site student film shoot in Palo Alto, and noted he supports the
request.
MOTION: Council Member Drekmeier moved, seconded by Mayor
Kleinberg, to direct staff to return to Council with a recommendation to
06/26/06 100-400
waive the permit costs for filming under the private/public partnership
policy.
Mayor Kleinberg asked when the filming was scheduled.
Ms. Harrison said she had the contact information for Mr. Engelhardt
and, hopefully, could turn the request around by the next scheduled Council meeting.
Mayor Kleinberg said she understood the issue regarding setting a
precedence.
Ms. Harrison said Mr. Engelhardt was requesting waiver on the filming
fee and not requesting a waiver on fees relating to street closures and
police work.
Council Member Klein said he was not in favor of motions being acted
on during Council Comments. He said it was the third time in a year of
taking a motion under Council Comments, which was not consistent
with the Brown Act.
Mayor Kleinberg asked whether there was a protocol or regulations in
handing such matters, or was it by custom.
Mr. Baum said he would check, but he believes it is up to the Council.
Council Member Mossar said she concurred with Council Member Klein’s
comments in principle. She believed the motion was to ask staff to
come back to the Council with a recommendation. It was not directing
staff to do anything in particular and to leave open the possibility of the
staff to come back and refuse issuance of a waiver.
Ms. Harrison said she heard the Council’s request to bring the item
back but was not directed on what to bring back and assumed staff was
given the latitude to review the situation.
MOTION PASSED 6-1, Klein no, Cordell, Morton absent.
Vice Mayor Kishimoto noted at the last Valley Transportation Authority
meeting there was discussion regarding a parcel of land at Page Mill
and El Camino, which is a Park and Ride lot. Supervisor Kniss
recommended contact with Palo Alto prior to taking any action.
Council Member Beecham advised his colleagues at the last Northern
California Power Association (NCPA) meeting that final contractual
06/26/06 100-401
matters were discussed to develop a Green Power Pole and Palo Alto
would be invited to participate.
Mayor Kleinberg reported there are current vacancies on the Planning
and Transportation Commission, which are due Wednesday, June 28.
She also reported on the Green Ribbon Task Force and noted the
diversity of the participating members, as well as the strong partnership with Stanford University. The Task Force is now chaired by
Walt Hays and Council Member Drekmeier is the Council Liaison.
Council Member Drekmeier commented on the high quality of the Task
Force members.
ADJOURNMENT: The meeting adjourned at 10:17 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.
06/26/06 100-402