HomeMy WebLinkAbout2005-01-18 City Council Summary Minutes
Special Meeting
January 18, 2005
1. Interview Candidates for the Library Advisory Commission ..................394
ADJOURNMENT: The meeting adjourned at 6:55 p.m. .................................394
ORAL COMMUNICATIONS ........................................................................395
APPROVAL OF MINUTES ..........................................................................395
1. Ordinance 4859 entitled “Ordinance of the Council of the City of Palo
Alto Amending Exhibit A-17 to Section 22.08.210 of Chapter 22.08 of
Title 2 of the Palo Alto Municipal Code to Adjust the Boundary of
Rinconanda Park” ...........................................................................396
3. Approval of a Resolution Establishing a Revised Timeline for a Protest
Hearing and Ballot Proceeding Relating to a Proposed Storm Drainage
Fee Increase ..................................................................................396
4. Approval of a Budget Amendment Ordinance Totaling $335,000 and
Award of Contract with Coast Side Associates in the Amount of
$306,975 for Lucie Stern Center Improvements - Capital Improvement
Program Project PF- 01005 ..............................................................396
5. Approval of a Resolution Approving Long-Term Power Purchase
Agreements (Landfill Gas Power) with Ameresco Half Moon Bay, L.L.C.
for the Purchase of Electricity Generated by Landfill Gas Electric
Generating Facilities for a Term of 20 Years and Contract Amount of
$61.8 Million ..................................................................................396
6. The Finance Committee Recommends Approval of an Ordinance
Closing the 2003-04 Fiscal Year, Including Transmission of the City's
Comprehensive Annual Financial Report (CAFR), Reappropriation
Requests, and Completed Capital Improvement Projects from the
Finance Committee Meeting of December 14, 2004 ............................397
7. Acceptance of Annual Status Report on Developers' Fees .....................397
01/18/05 98-392
8. Contract Amendment Between the City of Palo Alto and K2 Partnering
Solutions in the Amount of $150,000 for Human Resources
(HR)/Payroll SAP System Support ....................................................397
9. Public Hearing: Declaring that all Weeds Growing Upon Any Private
Property or in Any Public Street or Alley, as Defined in Section
8.08.010 of the Palo Alto Municipal Code, Constitute a Public Nuisance,
which Nuisance Must be Abated by the Destruction or Removal
Thereof. ........................................................................................397
10. Recommendation of Library Advisory Commission Regarding
Downtown Library Hours .................................................................398
10A. (Old Item No. 2) Approval of a Resolution Amending the Salaries of
Three Council Appointed Officers and Approval of Amendment No. Two
to Employment Agreement with City Manager Frank Benest ................402
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS ........................403
11. CONFERENCE WITH CITY ATTORNEY -- POTENTIAL/ANTICIPATED
LITIGATION ...................................................................................404
FINAL ADJOURNMENT: The meeting adjourned at 8:50 p.m. ........................404
01/18/05 98-393
The City Council of the City of Palo Alto met on this date in the Council
Conference Room at 6:05 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Morton, Mossar
ABSENT: Ojakian
SPECIAL MEETING
1. Interview Candidates for the Library Advisory Commission
No action required.
ADJOURNMENT: The meeting adjourned at 6:55 p.m.
01/18/05 98-394
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:05 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Morton, Mossar, Ojakian
ORAL COMMUNICATIONS
Jeannette Andrews, 1944 Ivy Lane, spoke regarding police dogs in the Palo
Alto Police Department.
Ralph Britton, 240 Rinconada Avenue, spoke regarding the levee at the Palo
Alto Airport.
Assistant City Manager Emily Harrison said the condition of the levee was
being taken seriously.
Nick Petredis, 776 Barron Avenue, spoke regarding the Joint Community
Relations Commission.
Norman Carroll, Emerson Street, spoke regarding the Council’s performance
in 2004.
Aram James spoke regarding police oversight.
APPROVAL OF MINUTES
MOTION: Council Member Morton moved, seconded by Kishimoto, to
approve the minutes of December 13, 2004, as submitted.
MOTION PASSED 9-0.
CONSENT CALENDAR
Council Member Freeman said she would not participate in Item No. 1 due to a conflict. She registered a “no” vote on Item No. 4.
Council Member Freeman moved, seconded by Kishimoto to remove Item
No. 2 from the Consent Calendar.
Mayor Burch noted that Item No. 2 would become Item No. 10A.
Council Member Cordell said she wanted to register a “no” vote on Item No.
1 and Item No. 3 and had explained her reasons at previous Council
meetings.
01/18/05 98-395
Council Member Kishimoto said she wanted to register a “no” vote on Item
No. 1 and said she had explained her reasons at previous Council meetings.
Vice Mayor Kleinberg said she wanted to register a “no” vote on Item No. 1.
MOTION: Council Member Morton moved, seconded by Beecham, to
approve Consent Calendar Item Nos. 1, and 3-8.
LEGISLATIVE
1. Ordinance 4859 entitled “Ordinance of the Council of the City of Palo Alto Amending Exhibit A-17 to Section 22.08.210 of Chapter 22.08 of
Title 2 of the Palo Alto Municipal Code to Adjust the Boundary of
Rinconanda Park” (1st Reading, 12/13/04, Passed 5-3, Cordell, Kishimoto, Kleinberg, no, Freeman
not participating)
3. Approval of a Resolution Establishing a Revised Timeline for a Protest
Hearing and Ballot Proceeding Relating to a Proposed Storm Drainage
Fee Increase
Resolution 8494 entitled “Resolution of the Council of the City of Palo Alto Establishing a Revised Timeline for a Protest Hearing and Ballot
Proceeding Relating to a Proposed Storm Drainage Fee Increase
4. Approval of a Budget Amendment Ordinance Totaling $335,000 and
Award of Contract with Coast Side Associates in the Amount of
$306,975 for Lucie Stern Center Improvements - Capital Improvement
Program Project PF- 01005
Ordinance 4860 entitled “Ordinance of the Council of the City of Palo
Alto Amending the Budget for the Fiscal Year 2004-05 to Provide an
Additional Appropriation of $335,000 from the Infrastructure Reserve
into Capital Improvement Program (CIP) Project Number PF-01005,
Lucie Stern Community Center Improvements”
5. Approval of a Resolution Approving Long-Term Power Purchase
Agreements (Landfill Gas Power) with Ameresco Half Moon Bay, L.L.C.
for the Purchase of Electricity Generated by Landfill Gas Electric
Generating Facilities for a Term of 20 Years and Contract Amount of
$61.8 Million
Resolution 8495 entitled “Resolution of the Council of the City of Palo
Alto Approving the Long-Term Power Purchase Agreements (Landfill
Gas Power) with Ameresco Half Moon Bay, L.L.C. for the Purchase of
Electricity Generated by Landfill Gas Electric Generating Facilities
01/18/05 98-396
COUNCIL COMMITTEE RECOMMENDATION
6. The Finance Committee Recommends Approval of an Ordinance
Closing the 2003-04 Fiscal Year, Including Transmission of the City's
Comprehensive Annual Financial Report (CAFR), Reappropriation
Requests, and Completed Capital Improvement Projects from the
Finance Committee Meeting of December 14, 2004
Ordinance 4861 entitled “Ordinance of the Council of the City of Palo
Alto Authorizing Closing of the Budget for Fiscal Year 2003-04”
ADMINISTRATIVE
7. Acceptance of Annual Status Report on Developers' Fees
8. Contract Amendment Between the City of Palo Alto and K2 Partnering
Solutions in the Amount of $150,000 for Human Resources
(HR)/Payroll SAP System Support
MOTION PASSED 5-3 for Item No. 1, Cordell, Kishimoto, Kleinberg no,
Freeman not participating.
MOTION PASSED 8-1 for Item No. 3, Cordell no.
MOTION PASSED 8-1 for Item No. 4, Freeman no.
MOTION PASSED 9-0 for Item Nos. 5-8.
Council Member Freeman said she had voted “no” on Item No. 4 because the
Capital Improvement Project (CIP) report attached was different from the
previous two years.
PUBLIC HEARINGS
9. Public Hearing: Declaring that all Weeds Growing Upon Any Private
Property or in Any Public Street or Alley, as Defined in Section
8.08.010 of the Palo Alto Municipal Code, Constitute a Public Nuisance,
which Nuisance Must be Abated by the Destruction or Removal
Thereof.
Mayor Burch asked whether there were any written objections.
City Clerk Donna Rogers said she had not received any written objections.
01/18/05 98-397
Mayor Burch declared the Public Hearing open and because there were no
requests to speak, he declared the Public Hearing closed.
MOTION: Council Member Beecham moved, seconded by Kleinberg, to
adopt the Resolution ordering the abatement of weeds.
Resolution 8496 entitled “Resolution of the Council of the City of
Palo Alto Ordering Weed Nuisance Abated”
MOTION PASSED 9-0.
REPORTS OF COMMITTEES AND COMMISSIONS
10. Recommendation of Library Advisory Commission Regarding
Downtown Library Hours
City Manager Frank Benest said it was not the appropriate time to consider
the Downtown Library hours.
Ellen Wyman, 546 Washington Avenue, said the Downtown Library needed
to be opened on Saturdays.
Betsy Allyn, Willmar Drive, said it was necessary to keep the libraries open.
Jeff Levinsky, 1682 Hamilton Avenue, said reopening the Downtown Library on Saturdays would be an efficient use of taxpayer funds.
Herb Borock, P.O. Box 632, said the Council should set the policy regarding
the Downtown Library hours and staff should implement it.
Robert Moss, 4010 Orme Street, said the Downtown Library never should
have been closed on Saturdays, and it also needed to be open on Sundays.
Robert Pritchett said access to the library computers provided the low
income and homeless the opportunity to apply for jobs, and he asked that
the libraries remain open.
Sanford Forte, 280 College Avenue, said municipalities gained revenue from
library investment and use.
Elaine Meyer said libraries should be treasured.
Lenore Jones said the Library Advisory Commission had voted unanimously
that the Downtown Library hours be restored on Saturdays.
01/18/05 98-398
Council Member Mossar asked whether opening the library temporarily on
Saturdays would be advisable.
Ms. Jones said if library hours needed to be cut, closure hours should be
shared across the library branches.
Mr. Benest said every department would share in service and budget
reductions.
Council Member Morton said Saturday hours were important.
MOTION: Council Member Morton moved, seconded by Freeman, to
approve the Library Advisory Commission (LAC) recommendation that
$35,000 be reallocated from the City Manager’s Contingency Fund to the
Library Department to restore Saturday hours at the Downtown Library.
Council Member Freeman said public libraries were social institutions that
elevated the community knowledge base.
Council Member Kishimoto said the Library Advisory Commission (LAC) had
made it clear that Saturday hours should be restored.
Manager of Library Services Diane Jennings spoke regarding the relocation
of certain collections at the Downtown Library.
Vice Mayor Kleinberg asked staff for clarification of the Service Employees
International Union (SEIU) requirements and whether it could impact
Saturday hours.
Ms. Jennings said it was more difficult to schedule weekends with a seven-
day operation. The Memorandum of Agreement (MOA) stated employees
must have two consecutive days off within a seven-day work week;
however, library employees could choose not to have two consecutive days
off.
Vice Mayor Kleinberg asked whether it was more expensive to keep the
library open on weekends.
Ms. Jennings replied it was not more expensive.
Vice Mayor Kleinberg said she supported the LAC recommendation.
Council Member Beecham asked about closing on Mondays and being open
on Saturdays.
01/18/05 98-399
Ms. Jennings said the library was already closed on Mondays.
Council Member Beecham asked what the options were.
Ms. Jennings said closure on Mondays and Tuesdays would be less expensive
and would provide Saturday hours.
Council Member Mossar asked what days the College Terrace Library was
open and the reasons the Downtown Library hours were reduced.
Ms. Jennings said each library was closed one day because of a frozen
librarian position and a reduction was needed for the 2004-2005 Budget.
Currently, the College Terrace library was closed on Tuesdays and
Thursdays.
Council Member Mossar asked whether the College Terrace Library was open
on Tuesday, Wednesday, Friday and Saturday.
Ms. Jennings said the Downtown Library was closed on Monday; the College
Terrace Library was closed on Thursday. Temporarily, the College Terrace
Library was closed on Tuesdays.
Council Member Mossar said the Downtown Library was open three days.
Ms. Jennings said the Downtown Library was open five days. It was closed on Sunday and Thursday.
Council Member Mossar said the Downtown Library was open Tuesday,
Wednesday, Thursday and Friday.
Ms. Jennings said the Downtown Library was closed on Monday, Saturday
and Sunday.
Council Member Mossar said the Downtown Library was open on Tuesday,
Wednesday, Thursday and Friday. She confirmed that both the College
Terrace and the Downtown libraries were open four days a week.
Ms. Jennings said the College Terrace Library was open four days on a
temporary basis.
Council Member Ojakian asked Ms. Jennings what days of the week were the
libraries least used.
01/18/05 98-400
Ms. Jennings said the College Terrace Library had a higher circulation than
the Downtown Library. The Downtown Library visitor count was higher than
the College Terrace Library.
Council Member Ojakian asked what day of the week the Downtown Library
received the least use.
Ms. Jennings said the Downtown Library was used the least on Fridays.
Council Member Ojakian said the Fremont Library was not open on Friday,
because Friday was the day where there was little usage. He asked whether
the library was used heavily on Saturdays.
Ms. Jennings said Saturday and Sunday were heavier use days. The
Downtown Library experience was that there was not a lot of use by the
number of individuals who came into the facility.
Council Member Ojakian asked what library had the most use.
Ms. Jennings answered the Mitchell Park Library.
Council Member Ojakian said there were certain days of the week in the
library systems where usage was not heavy. The Council and the public
needed to know that data so funds could be used effectively.
Council Member Cordell said in September, the LAC unanimously
recommended the $35,000 be used to restore the Saturday hours to the
Downtown Library. She asked staff why it took almost four months to return
to the Council for a vote.
Assistant City Manager Emily Harrison said prior to the Council considering
the Saturday hour restoration request, the new Library Director gathered
information and provided a report to the Council about what she considered
to be the state of the libraries; it was known the library item would take
some time and it was scheduled on the agenda as soon as it was possible.
Council Member Morton asked staff when the Saturday hours would take
effect and how the Downtown Library patrons would be notified.
Ms. Jennings said it would take about a month before the Saturday hours
would take effect. A press release, the library website, bookmarks, and
flyers in the library would be used to notify patrons.
Council Member Beecham said the entire community would share in future
cuts.
01/18/05 98-401
Council Member Mossar said for the balance of the year she would support
the LAC’s suggestion to reopen the Downtown Library on Saturday.
Mayor Burch said he had concerns regarding the permanence of the library
position.
MOTION PASSED 9-0.
10A. (Old Item No. 2) Approval of a Resolution Amending the Salaries of
Three Council Appointed Officers and Approval of Amendment No. Two
to Employment Agreement with City Manager Frank Benest
Resolution 8497 entitled “Resolution of the Council of the City Of Palo
Alto Amending the Compensation Plan for Management and
Professional Personnel and Council Appointees Adopted by Resolution
No. 8455 to Amend the Salaries of Three Council Appointed Officers”
Council Member Freeman read an email from City Manager Frank Benest to
Council Members, which said he wanted to clarify the amendment to his
contract. He had requested the City Attorney to add language to his
contract allowing him to conduct outside employment during vacation or
other leave time. She felt it was prudent for the Council to review
ramifications of the City Manager’s request. She said there should be full
public disclosure of the type of activities the City Manager would be
compensated for.
MOTION: Council Member Freeman moved not to accept Amendment No. 2
to the City Manager’s contract, but to forward the item to the Policy and
Services (P&S) Committee for due diligence.
MOTION FAILED FOR LACK OF A SECOND
MOTION: Council Member Morton moved, seconded by Beecham, to
approve the Resolution Amending the Salaries of Three Council Appointed
Officers and Approval of Amendment 2 to the Employment Agreement with
City Manager Frank Benest.
Council Member Morton said the City Manager had an excellent reputation as
a teacher and consultant. The City Manager would give his full energy and
commitment to the City. His teaching and consulting would enhance his
skills and the reputation of our community.
City Attorney Gary Baum said there was not a conflict of interest issue under
the City Charter.
01/18/05 98-402
Council Member Beecham said the Council who selected City Manager Benest
were aware of his talks at conferences and conventions.
Herb Borock, P.O. Box 632, said what was written in the City Manager’s
employment agreement was different from what had been occurring the past
four years.
Council Member Mossar said it was known the City Manager had participated
in the activities. It was important for the community to be networking with
other communities. The City Manager was asking for clarification in his
contract.
Council Member Kishimoto said the change made to the City Manager’s
contract clarified the paid activities he would be involved in would be during
vacation and leave time.
Council Member Freeman said she had no prior knowledge of Mr. Benest’s
outside compensation while employed as the City Manager of Palo Alto.
Council Member Cordell said the discussion assured the public the Council
was open about everything that occurred. She concurred with the City
Attorney’s interpretation, which supported Mr. Benest to engage in other
employment.
Mayor Burch said all Council Members were subject to agreements, ordinances, and laws passed by previous councils.
MOTION PASSED 8-1, Freeman no.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Morton encouraged staff to have Saturday hours open for
the Downtown Library as soon as possible. He also asked whether the
Council agenda could be placed on the overhead during the meeting.
Assistant City Manager Emily Harrison noted she would talk to the
Information Technology (IT) Division.
Mayor Burch spoke regarding the Council retreat to be held on Saturday,
January 29, 2005.
Council Member Ojakian announced the Santa Clara Valley Transportation
Authority Policy Advisory Committee unanimously selected Yoriko Kishimoto
as the Chair.
01/18/05 98-403
Council Member Mossar spoke about the walkability aspects of the new
Homer Tunnel and mentioned reinforcement of the no right turn sign on to
Alma north from Homer Avenue.
Vice Mayor Kleinberg noted during the holiday season she used the new
Downtown parking garages, which were extremely popular.
Mayor Burch announced he had finalized the 2005 assignments for the
Council.
CLOSED SESSION
The meeting adjourned at 8:42 p.m. to a Closed Session.
11. CONFERENCE WITH CITY ATTORNEY -- POTENTIAL/ANTICIPATED
LITIGATION
Subject: Casa Olga Care Centers, Inc., a California Corporation and
Casa Olga, L.P., a California Limited Partnership vs. City of Palo Alto
Authority: Government Code Section 54956.9(b)(1) arising out a
dispute over University Avenue Off-Street Parking Assessment District
dated June 27, 2001. (Gov. Code Section 54956.9 (b)(3)(B).)
The City Council met in Closed Session to discuss matters regarding potential/anticipated litigation, as described in Agenda Item No. 11.
City Attorney Gary Baum reported out after the Closed Session that
a Settlement Agreement was reached with Casa Olga Care Centers,
Inc. concerning a dispute over the University Avenue Off Street
Parking Assessment District.
FINAL ADJOURNMENT: The meeting adjourned at 8:50 p.m.
ATTEST: APPROVED:
City Clerk Mayor
01/18/05 98-404
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.
01/18/05 98-405