HomeMy WebLinkAbout2010-02-01 City Council Summary MinutesMINUTES
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Special Meeting
February 01, 2010
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:01 p.m.
Present:· Burt, Espinosa, Holman, Klein, Price, Scharff, Schmid, Shepherd,
Yeh arrived at 6: 10 p.m.
Absent:
CLOSED SESSIONS
1. CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit Rules and Regulations (James Keene, Kelly Morarlu,
Russ Carlsen, Lalo Perez, Sandra Blanch, Marcie Scott, Darrell Murray,
Joe Sacclo) .
Employee Organization: Palo Alto Police Managers' Association (Sworn)
Authority: Government Code Section 54957.6(a)
CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene, Kelly
Morariu, Russ Carlsen, Lalo Perez, Sandra Blanch, Marcie Scott, Darrell
Murray, Joe Saccio)
Employee Organization: Palo Alto Peace Officers' Association
Authority: Government Code Section 54957.6(a)
CONFERENCE WITH LABOR NEGOTIATORS
City DeSignated Representatives: City Manager and his designees
pursuant to' Merit Rules and Regulations (James Keene, Kelly Morarlu,
Russ Carlsen, Lalo Perez, Sandra Blanch, Marcie Scott, Darrell Murray,
Joe Saccio)
Employee Organization: Local 521, Service Employees International
Union (SEIU) -SEIU Hourly Unit
Authority: Government Code Section 549S7.6(a)
1 02/01/10
CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene, Kelly
Morariu, Russ Carlsen, Sandra Blanch, Darrell Murray, Marcie Scott,
Lalo .Perez, Joe Saccio)
Employee Organization: Local 521 Service Employees International
Union
Authority: Government Code Section 54957.6(a)
CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene, Kelly
Morariu, Russ Carlsen, Sandra Blanch, Darrell Murray, Marcie Scott,
Lalo Perez, Joe Saccio)
Employee Organization: Local 1319, International Association of
Fi refi g hters
Authority: Government Code Section 54957.6(a)
CONFERENCE WITH LABOR NEGOTIATORS
City DeSignated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene, Kelly
Morariu, Russ Carlsen, Lalo Perez, Sandra Blanch, Marcie Scott, Darrell
Murray, Joe Saccio)
Employee Organization: Palo Alto Fire Chiefs' Association
A~thority: Government Code Section 54957.6{a)
CONFERENCE-WITH LABOR NEGOTIATORS
City DeSignated Representatives: City Manager and his designees
pursuant to the Merit System Rules and Regulations (James Keene,
Kelly Morariu, Russ Carlsen, Lalo Perez, Sandra Blanch, Marcie Scott,
Darrell Murray, Joe Saccio) •
Employee Organization: Unrepresented Employee Group Management
and Professional Personnel and Council Appointees
Al.Jthority: Government Code section 54957.6{a)
The Council reconvened from the Closed Session at 7:47 p.m. and Mayor
Burt advised no reportable action. The Council then adjourned to the Council
Conference room for the Study Session with the Palo Alto Human Relations
Commission (HRC).
2 02/01/10
STUDY SESSION
2. JOint Meeting of Human Relations Commission (HRC) and City Council
Members Concerning Palo Alto Human Relations Issues.
Human Relations Commission Chair, Darryl Savage gave a brief overview of
the role of the Human Relations Commission (HRC). Commissioner Shauna
Mora reviewed the historical accomplishments of the HRC, including the Palo
Alto Il.1ediation Program, Mandatory Response Program, Human Services
Resource Allocation Process (HSRAP), and Community Development Block
Grant (CDBG) funding and various resolutions. Council Members had
questions about the role the HRC was playing in the Police Department
Citizen Advisory Group, Project Safety Net, and the HRC Memo to the
Community on positive relations among .City Staff and the community.
Council Members had suggestions on ways to reach out to non-English
speaking families, seniors, and a historical record of accomplishments online.
Commissioners gave updates on the following projects: 1) World Music Day;
2) Project Safety Net; 3) Palo Alto Art Center collaboration; 4) Universal
Access Playground 5) Civic Engagement Award; 6) Junior Museum and Zoo
collaboration; and 7) The Police Department collaboration.
ORAL COMMUNICATIONS
Harold Nizamian, 588 Jackson Drive, spoke on his concern for falling City-
owned tree branches, and the Claim for Damage Form he submitted to the
City.
Laura Sedlacek, 588 Jackson Drive, spoke on the City's responsibility to
remove hazardous tree branches from City-owned trees.
Wynn Grcich, 30166 Industrial Parkway SW #296, Hayward, spoke on
fluoride in public drinking water.
Mark Petersen-Perez stated water should be treated as a quality issue. He
spoke on juridical issues, freedom of speech, and open and transparent
government.
Michael Francois, 224 Gardenia Way, East Palo Alto, spoke on Black History
Month topics.
Aram James spoke on freedom of speech and the publics' right to address
the City Council on any matter due to the first amendment.
City Attorney, Gary Baum stated members of the public had the right to
criticize the City Council as a governing body.
3 02/01/10
Doug Summers, 4156 Interdale Way, spoke on banning alcohol sales at
Walgreens near the intersection of Maybell Avenue and EI Camino Real.
Jennifer Fryling, 4158 Interdale Way, spoke on banning alcohol sales at
Walgreens near the Barren Park neighborhood.
SPECIAL ORDERS OF THE DAY
3. Resolution 9036 entitled "Resolution of the Council of the City of Palo
Alto Expressing Appreciation to David Solnick for Outstanding Public
Service as a Member of the Architectural Review Board."
Council Member Shepherd read the Resolution expressing appreciation to
David Solnick for outstanding public service as a member of the Architectural
Review Board.
MOTION: Council Member Shepherd moved, seconded by Vice Mayor
Espinosa to adopt the Resolution expressing appreciation to David Solnick
for Outstanding Public Service as a Member of the Architectural Review
Board.
MOTION PASSED: 9-0
David Sol nick spoke on his experience serving on the Architectural Review
Board.
4. Resolution 9037 entitled "Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Tim Grippi Upon His Retirement."
Council Member Scharff read the Resolution expressing appreciation to Tim
Grippi upon his retirement.
MOTION: Council Member Scharff moved, seconded by Council Member
Yeh to adopt the Resolution Expressing Appreciation to Tim Grippi Upon His
Retirement.
MOTION PASSED: 9-0
Tim Grippi spoke on his appreciation serving the City of Palo Alto.
5. Selection of Candidates to be Interviewed for the Planning and
Transportation Commission.
MOTION: Vice Mayor Espinosa moved, seconded by Council Member Klein
to interview all candidates for the openings on the Planning and
Transportation Commission with the interviews to be scheduled for 20
minutes each.
4 02/01/10
Mayor Burt stated the Planning and Transportation Commission (P&TC) was
one of the City's most important Commissions. He inquired whether more
time was needed for interviewing potential candidates.
City Clerk, Donna Grider stated the customary time allotted for interviewing
P&TC applicants was fifteen minutes.
Council Member Holman stated allowing twenty minutes per candidate would
be beneficial in properly selecting P&TC members.
Council Member Scharff concurred with Mayor Burt and Council Member
Holman.
MOTION PASSED: 9-0
Mayor Burt inquired whether a date had been set for P&TC interviews.
Ms. Grider stated the P&TC interview date had not been established.
6. AppOintments to the Parks and Recreation Commission for Four, Three
Year Terms Ending on December 31, 2012.
First Round of Voting for Parks and Recreation Commission for Four, Three-
Year Terms Ending on December 31, 2012
Voting For Jennifer Hetterly:
Voting For Ed Lauing:
Voting For Paul Losch:
Voting For Matt Robinson:
Voting For Daria Walsh:
Burt, Espinosa, Holman, Klein, Price,
Scharff, Schmid, Shepherd, Yeh
Burt, Espinosa, Holman, Klein, Price,
Scharff, Schmid, Shepherd, Yeh
Burt, Espinosa, Holman, Klein, Price,
Schaiff, Schmid, Shepherd, Yeh
Shepherd
Burt, Espinosa, Holman, Klein, Price,
Scharff, Schmid, Yeh
City Clerk, Donna Grider announced that Jennifer Hetterly with 9 votes, Ed
Lauing with 9 votes, Paul Losch with 9 votes, and Daria Walsh with 8 votes
were each appOinted to the Parks and Recreation Commission for Four,
Three Year Terms Ending on December 31, 2012.
5 02/01/10
7. Appointments to the Library Advisory Commission for Three, Three-
Year Terms Ending on January'31, 2013.
First Round of Voting for Library Advisory Commission for Three, Three-Year
Terms Ending on January 31, 2013:
Voting For Marc Marchiel: Burt, Espinosa, Holman, Klein, Price,
Scharff, Schmid, Shepherd, Yeh
Voting For Diane Morin: Klein, Scharff, Shepherd
Voting For Robert Moss: Burt, Espinosa, Holman, Price, Schmid,
Yeh
Voting For Theivanai Palaniappan: Burt, Espinosa, Holman, Klein, Price,
Scharff, Schmid, Shepherd, Yeh
Voting For Mark Weiss:
City Clerk, Donna Grider announced that Marc Marchiel with 9 votes,
Theivanai Palaniappan with 9 votes, and Bob Moss with 6 votes were each
appointed to the Library Advisory Commission for Three, Three-Year Terms
Ending on January 31, 2013.
8. Appointments to the Storm Drain Oversight Committee for Three, Four
Year Terms Ending on December 31, 2013.
First Round of Voting for Storm Drain Oversight Committee for Three, Four -
Year Terms Ending on December 31, 2013:
Voting For I\lancy Clark:
Voting For Rebecca Justman:
Voting For Hal Mickelson:
Voting For Richard Whaley:
Burt, Espinosa, Klein, Schmid, Yeh
Holman, Price, Scharff, Shepherd
Burt, Espinosa, Holman, Klein, Price,
Scharff, Schmid, Shepherd, Yeh
Burt, Espinosa, Holman, Klein, Price,
Scharff, Schmid, Shepherd, Yeh
City Clerk, Donna Grider announced that Hal Mickelson with 9 votes, Richard
Whaley with 9 votes, and Nancy Clark with 5 votes were each appOinted to
the Storm Drain Oversight Committee for Three, Four-Year Terms Ending on
December 31, 2013.
6 02/01/10
CITY IV1ANAGER COMMENTS
City Manager, James Keene spoke on the following topics: 1) five Council
priorities established at the City Council Retreat held on January 30, 2010,
which included City finances, land use and transportation planning,
emergency preparedness, environmental sustainability, and community
collaboration for youth well-being; 2) Policy and Services Committee role
would expand to focus on strate,gic priorities for the City; 3) mandatory
Statewide California Green Building Code, titled CalGreen, taking effect on
January 1, 2011 for green building rating systems for new commercial and
residential construction projects; 4) Facebook's planned expansion to 1050
Page Mill Road, reducing the parking impact at 1601 California Avenue, in
conjlll1ction with the Residential Parking Permit Program in· the College
Terrace neighborhood; 5) Zero Waste Plan and the new contract with
GreenWaste to provide additional measures to better manage recyclable and
compostable materials from businesses; and 6) current productions at the
Palo Alto Children's Theatre.
CONSENT CALENDAR
MOTION: Council Member Yeh moved, seconded by Council Member
Holman to pull Agenda Item Number 10, to become Agenda Item Number
lla.
MOTION: Council lV1ember Scharff moved, seconded by Council Member
Yeh to pull Agenda Item No. 11 to become Agenda Item Number llb.
MOTION: Council Member Klein moved, seconded by Vice Mayor Espinosa
to approve Consent Calendar Item Number 9.
9. Approval of an Electric Enterprise Fund Contract with Diversified Utility
Services, Inc. for a Total Not to Exceed Amount of $3,000,000 for
Providing Overhead Electric Transmission and Distribution System
Construction Services -Capital Improvement Program Budget
EL-98003.
-Hh Utilities Ad'risory Commission Recommendation to Adopt a Resolution
Opposing the "Ne'l\' '-".'0 Thirds Vote Requirement for Public Electricit',.
Pro'riders" Initiative.
H. Approval of Amendment Number Three to Contract No. 509128567
with Columbia Telecommunications Corporation (GTC) to Retain
Professional Telecommunications Engineering Services in Support of an
Economic Stimulus Grant Application for the Broadband Project in an
Amount Not to Exceed $50,000 During Calendar Year 2010.
MOTION PASSED: 9-0
7 02/01/10
AGENDA CHANGES, ADDITIONS, AND DELETIONS
11a. (Former No. 10) Utilities Advisory Commission Recommendation to
Adopt Resolution 9038 entitled "Resolution of the Council of the City of
Palo Alto Opposing the "New Two-Thirds Vote Requirement for Public
Electricity Providers" Initiative."
Council Member Yeh stated Pacific Gas & Electric Corporation's (PG&E) Ballot
Initiative qualified for the upcoming June 2010 ballot, and was assigned as
Proposition 16. PG&E spent $3.5 million collecting signatures to add
Proposition 16 onto the ballot. It was his opinion Proposition 16 would
protect PG&E's monopoly against competition, raise electricity rates, and
create substantial implications to the City's public power utility customers
and infrastructure investment. He indicated no investor-owned utility
company cosponsored the ballot initiative. He spoke on the At-Place Items
which contained the legislative analyst objective analysis, newspaper
editorials opposing the ballot initiative, adopted Resolutions from other
Northern California power agency members, and a letter to the Chairman of
PG&E from the California Senate Leadership. He spoke on a coalition of
citizens, communities, environmentalists, consumer advocates, and
businesses against the energy monopoly's proposed state pre-emption of
local home majority rule, energy choice and climate protection called
Taxpayers Against the PG&E Power Grab.
Utilities Advisory Commission Chair, John Melton, stated the Utilities
Advisory Commission (UAC) voted unanimously to recommend that the City
Council oppose the New Two-Thirds Requirement for a Local Public Electricity
Providers ballot initiative, and reach out to other entities that are standing in
opposition to PG&E's power grab.
Vice Mayor Espinosa requested suggestions that could be taken by the City
Council to become more proactive in lobbying efforts in opposition of PG&E's
power grab.
Mr. Melton noted Staff was restricted from utilizing public funds or resources
to oppose the ballot initiative. He stated elective representatives could join
organizations to help educate the pLlblic on the ballot initiative. If the
initiative was passed, it was his belief there would be difficulty in locating
new sources of supply and transmission in utility services and would effect
the City's economic development.
Council Member Yeh suggested that the City Council visit the editorial board
of the local newspapers to ensure they were aware of the ballot initiative.
8 02/01/10
Council Member Klein suggested a copy of the proposed Resolution, and
other public documents, be sent to the Chamber of Commerce, Silicon Valley
Leadership Group, and Joint Venture Silicon Valley.
Council Member Price inquired whether Staff was working with the League of
California Cities.
City Manager, James Keene stated Staff was precluded from utilizing public
funds or resources to advocate any position on the ballot initiative. He
indicated the City Council could follow up with the League of California Cities
and other local agencies to share ballot initiative information.
Council IV/ember Yeh stated the League of California Cities created several
committees to research the ballot initiative. They all unanimously voted to
oppose the ballot initiative.
City Attorney, Gary Baum reiterated that employees were not permitted to
advocate a ballot initiative position; however, the City Council could adopt
the proposed Resolution and distribute it and other factual information.
MOTION: Vice Mayor Espinosa moved, seconded by Council Member Price
to adopt the Resolution opposing the Proposition 16 "New Two-Thirds vote
requirement for local public electriCity providers" ballot initiative;
additionally, direct Staff to provide the Resolution and information from the
Council's vote and share it with business organizations.
MOTION PASSED: 9-0
llb. (Former No. 11) Approval of Amendment Number Three to Contract
No. 509128567 with Columbia Telecommunications Corporation (CTC)
to Retain Professional Telecommunications Engineering Services in
Support of an Economic Stimulus Grant Application for the Broadband
Project in an Amount Not to Exceed $50,000 During Calendar Year
2010.
Council Member Scharff spoke on the Importance of scrutinizing how City
funds are spent. There was a low probability the City would be awarded the
federal economic stimulus grant (grant) funding because Palo Alto was not
an underserved community. The City spent $73,000 developing a plan
during the first round grant application process, and did not complete the
forms required for the grant funding. He inquired how the City would meet
the criteria for the second round grant application, and whether there was
any additional value in approving the Agenda Item.
9 02/01/10
Assistant Director of Utilities Engineering, Tomm Marshall stated additional
funding for the consultant was necessary to assist the City in preparing a
grant application for the funding available under the American Recovery and
Reinvestment Act. Funding would not be wasted because information
researched for the grant application would assist Staff in developing a Fiber
to-the Premise (FTTP) business plan. He stated Staff attended a seminar
and met with grant evaluators. There was a possibility that the City would
be awarded the grant funding.
Council Member Scharff inquired how many applicants applied for the grant
in the first round, and the percentage of applicants that were awarded grant
funding. .
Mr. Marshall was unsure of the number of applicants or how many received
grant funding.
Council Member Scharff inquired whether Staff would recommend approval
of the Agenda Item if they felt the grant would not be awarded.
Mr. Marshall stated it was Staff's intention to request funding for a FTTP
business plan regardless of the grant.
Council Member Scharff inquired what percentage of the requested $50,000
would benefit a FTTP business plan.
Mr. Marshall stated approximately $25,000 would be allocated to a FTTP
business plan.
Council Member Klein felt the City Council should show constituents that all
possible steps had been taken to move the grant forward. The project could
move forward, regardless of the grant, because there was close to $7 million
in the Fiber Optics Fund Rate Stabilization Reserve. He stated issues would
soon develop, which would force the City to move forward, such as the
expiration of the I-NET contract in June 2010. This issue would have an
impact on the Palo Alto School District and East Palo Alto.
Council Member Schmid requested a discussion on the first and second
round grant application process, and the strategy for a FTTP business plan.
Deputy Director of Administrative Services, Joe Saccio spoke on a Study
Session where Staff presented a potential project for the first rOLlnd of the
grant application process. Staff felt the success rate for the grant was not
likely, as the grant was for underserved commLlnities, in the first round. The
City COLlncil directed Staff to move forward with a plan to maximize the
number of businesses that would generate additional revenue to provide
Fiber to the Home. Staff used the same consultant to develop a plan to
meet the City Council's vision. He indicated the National Technology
10 02/01/10
Opportunities Program removed the restriction of underserved communities
in the second round. He stated there would likely be a large interest in the
grant.
Council Member Schmid stated his concern for appealing to the conditions of
the grant, and losing sight of the development of a FlTP business plan.
City Manager, Keene stated the City Council should not 11ave apprehensions
approving tl1e Agenda Item because it would ultimately benefit a FTTP
business plan.
Council Member Price spoke on her support for a FlTP business plan because
it would be a benefit to the community.
Jeff Hoel, 731 Colorado Avenue, spoke on his support for FlTP for
residences, businesses, and schools.
Herb Borock, P.O. Box 632, spoke on his support for an open and public
process on matters related to FlTP.
Utilities Advisory Commissioner, John Melton spoke on his discussion with
the Chief of Staff, Chief Information Officer, for the State of California. He
encouraged the City to proceed with the second round grant process.
Council Member Scharff felt City projects should be scrutinized, even when
funding did not impact the General Fund.
MOTION: Council Member Scharff moved, seconded by Vice IVlayor
Espinosa to approve amendment number tl1ree to contract No. 509128567
with Columbia Telecommunications Corporation (CTC) to retain professional
telecommunications engineering services in support of an Economic Stimulus
Grant Application for the Broadband Project in an Amount !\lot to Exceed
$50,000 During Calendar Year 2010.
Council Member Holman inquired whether time constrained Staff from
holding a competitive bid process for professional services to assist in the
second round grant process.
Mr. Marshall spoke on the recent changes to the rules for the second round
grant process that encouraged Staff to proceed in a timely manner. .
Council Member Schmid requested that Staff return to the City Council
within 60 days with a report on the direction of a FlTP business plan.
City Attorney, Gary Baum stated a separate Motion could be made .to
agendize a FlTP business plan.
11 02/01/10
Mr. Keene stated his concern in meeting a 60 day timeline.
MOTION PASSED: 9-0
MOTION: Council Member Schmid moved, seconded by Council Member
Holman to direct Staff to agendize a Fiber to the Premise business plan with
the City of Palo Alto.
Council Member Schmid stated Staff based the grant application partially on
a FITP business plan.
Mr. Keene proposed that Staff return to the City Council with a scope on the
contents, objectives, and directives of a FTTP business plan.
Council Member Price inquired how the Motion would fit into Staff1s existing
workplan.
Mr. Keene spoke on findings that resulted from the application process of the
first round, and recent information that indicated a chance of receiving
second round grant funding. Findings from the grant process helped direct
the Fiber Optics Fund Rate Stabilization Reserve. There was a base amount
of seven million dollars contained within the Fiber Optics Fund· Rate
Stabilization Reserve, with the ability to earn one million dollars annually.
The total project had an estimated scope of roughly $60 million. The City
had the potential to access $10 million from the grant. He stated the Motion
would build on existing work that had previously been done.
Council Member Klein suggested that Staff return to City Council with a
presentation to consider the grant application once filed, and discuss the
cost and de~irability of a FITP business plan.
SUBSTITUTE MOTION: Council Member Klein moved, seconded by Council
Member Yeh that Staff is to return to Council with a presentation to consider
the grant application once filed and discuss with Staff the cost and
desirability of a business plan.
Council Member Yeh spoke on his support for the FITP business plan.
Mayor Burt stated there was a significant effort taken on the prior FTTP
business plan that involved participation from a community advisory group.
He stated a FITP business plan would require changes from the previous
plan, and should include the expertise of community members.
Council Member Schmid stated his support for the Substitute Motion. He
stated Staff should return with a prospectus FITP business plan.
12 02/01/10
Mayor Burt requested clari'fication on the difference between what was
contained in the first round grant application, and what had been in the
previous scope of the FTTP business plan.
Mr. Saccio stated there was a balancing act between meeting the criteria of
the grant application, and following the objectives of the City Council's FTTP
business plan. The federal government stre~sed community anchoring
institutions and Staff's strategy was to reach out to local businesses and the
Palo Alto School District.
Council Member Schmid inquired whether Staff would be more comfortable
returning to the City Council with a FTTP business plan or the grant
application.
Mr. Keene ,stated his preference to return to the City Council with the grant
application proposal. It was his belief the grant application would help guide
the next directive on proceeding with the FTTP business plan.
SUBSTITUTE MOTION PASSED: 9-0
MOTION: Vice Mayor Espinosa moved, seconded by Council Member Yeh to
continue the public hearing to consider the' approval of water supply
assessment to Stanford Medical Center Facilities renewal and replacement
project to February 8, 2010.
14. Public Hearing: Consider the Approval of Water Supply Assessment to
Stanford Medical, Center Facilities Renewal and Replacement Project.
(STAFF REQUESTS ITEM TO BE CONTINUED, BY COUNCIL MOTION, TO 02/08/10)
Council Member Klein advised that he would not be participating in this
Agenda Item as his wife was a faculty member at Stanford University.
Council Member Holman inquired how the Water Supply Assessment related
to the release of the project's Environmental Impact Report (EIR).
Director of Planning and Community Environment, Curtis Williams stated
State law required that the City Council adopt a Water Supply Assessment
prior to the release of the draft EIR. The Water Supply Assessment would
assist in mitigating the use of water that would be incorporated within the
EIR.
MOTION PASSED: 8-0 Klein not participating
13 02/01/10
ACTION ITEMS
12. Public Hearing: Adoption of an Ordinance Amending Section
21.04.030(a)(30) of Title 21 (Subdivisions) of the Palo Alto Municipal
Code to Revise the Definition of "Private Street".
Director of Planning and Community Environment, Curtis Williams stated the
Agenda Item was a follow-up to an Ordinance adopted by the City Council on
September 21, 2009. There was a proposed initiative to establish minimum
street widths for private streets; however, the definition of a private street
within the Ordinance was obsolete. The City Council directed Staff to bring
the Ordinance back for adoption, rather than setting the measure on the
November 2009 ballot. He spoke on the key changes in the proposed
Ordinance. He stated the Planning and Transportation Commission (P&TC)
recommended that the City Council approve the proposed Ordinance.
City Attorney, Gary BaLim stated the proposed Ordinance would not be
retroactive, due to a provision in California Government Code Section
66464.2 (Subdivision Map Act).
Council Member Scharff requested a definition of vehicular traffic, and
whether it included bicycles.
Mr. Williams stated vehicular traffic applied to automobiles.
Council Member Scharff inquired whether a clear definition, that vehicular
traffic applied to only automobiles, could be incorporated into the proposed
Ordinance.
Mr. Baum stated vehicular traffic could be defined in the proposed Ordnance.
Public hearing opened at 10:27 p.m.
Robert Moss, 4010 Orme Street, spoke on the definition of private streets,
the history of projects containing private streets, and his concern with the
proposed Ordinance's effective date. He stated his concern that the effective
date would not include current projects including Alma Plaza and the Palo
Alto Bowl.
Herb Borock spoke on his c:;oncern regarding Ordinance 1\10. 5059, adopted
on September 21,2009.
Public hearing closed at 10:33 p.m.
Council l\1ember Holman inquired on language suggestions for defining
vehicular traffic within the forthcoming Motion.
14 02/01/10
Mr. Williams stated amending the proposed Ordinance to exclude bicycles
would be ideal.
MOTION: Council Member Holman moved, seconded by Vice Mayor
Espinosa to adopt the Ordinance amending Section 21.04.030(a)(30) of Title
21 (Subdivisions) of the Palo Alto Municipal Code revising the definition of
"private street" with one amendment that bicycles would be excluded from
the definition of vehicular traffic.
Council Member Holman felt adopting the proposed Ordinance would be
appropriate to correct the definition of a private street.
Vice Mayor Espinosa spoke on his appreciation toward the P&TC members
for their efforts on this Agenda Item.
Council Member Schmid inquired whether the City Attorney wished to
comment on any legal questions raised at public comment.
Mr. Baum stated the issues were previously addressed at prior meetings. It
was his belief the Motion effectuated the intent of the City Council.
MOTION PASSED: 9-0
13. Monthly Update on City Activities Related to High Speed Rail Project.
(ITEM CONTINUED FROM 01/25/10)
Deputy City Manager, Steve Emslie spoke on the activities related to the
High Speed Rail (HSR) Project that have been undertaken at the State and
City levels since the last report in November 2009.
Mayor Burt stated the High Speed Rail Subcommittee was originally formed
as a City Council Ad Hoc Committee. The Ad Hoc Committee had met
consistently for the past year, and consistent with the City Attorney's
gUidelines, should be changed to a standing committee. He stated the
function of the Ad Hoc Committee would not change.
City Attorney! Gary Baum stated this would return, as a Consent Item, for
the City Council's approval.
Californians Advocating Responsible Rail Design (CARRO) member! Nadia
Naik stated CARRO was created to focus on local and State-wide concerns
related to the HSR Project. She highlighted upcoming events that CARRO
would be engaged in! as follows: 1) Palo Alto Chamber of Commerce -
Government Action Committee on Wednesday! February 3; 2) preview of the
process of the Alternatives Analysis meeting on Tuesday, February 9; 3)
preview of the Alternatives Analysis on March 4; 4) Community Stakeholders
Workshop for Santa Clara County on March 24; and 5) Final Alternatives
15 02/01/10
Analysis Report on May 20.
CARRO member, Elizabeth Alexis spoke on proactive steps that could be
taken, at a Federal level, as follows: 1) consistency across agencies for
issues of noise, vibration, and safety; 2) rule-making processes, for
environmental factors, to be open and transparent, data driven, and should
consider the long-term effects on wildlife, people and agriculture; 3)
adoption of Context Sensitive Solutions as policy for the Federal Railroad
Administration; and 4) consider funding Context Sensitive Solutions 2.0
technologies to improve engagement. She spoke on proactive steps that
could be taken, at a State legislative level, as follows: 1) require an
independent ridership model; 2) require an independent peer review of the
California High Speed Rail Business Plan (Business Plan); 3) require the
Board of Directors to officially adopt the Business Plan; 4) require an
adequate Risk Management Plan before any money was deployed; and 5)
strengthen the independent peer review process by giving it structure, a
minima.! budget, and requiring regular updates to the Legislature.
Ms. Naik stated citizens could find additional information on the City's
website.
Mayor Burt inquired whether CARRO had a website.
Ms. Naik stated CARRO's website could be located at www.calhsr.com.
Council Member Klein spoke on the following topics: 1) upcoming preview of
the Alternatives Analysis Meeting; 2) release of the unadopted Business
Plan, Legislative Analyst Report, and other reports that set an outbreak of
conversations regarding dismay and weaknesses in said reports; 3) recap of
State Senate Transportation Subcommittee Informational Hearing with State
Senator Joe Simitian and State Senator Alan Lowenthal on January 21,
which discussed ridership and the City's position; 4) award of a $2.5 billion
Federal grant under the stimulus project to the California Higtr Speed Train
Project; 5) Mayor Burt's efforts on the Peninsula Cities Consortium (PCC);
and 6) Vice Mayor Espinosa and he would be traveling to Washington D.C. to
address HSR and Fiber to the Premises Projects.
Mayor Burt stated Richard Hackmann had been the only member of the
public present at a recent executive committee meeting of the HSR Board
Meeting held in Sacramento.
Richard Hackmann, 235 Embarcadero Road, spoke on topics he would like
the City Council to consider in moving forward on the HSR. It was his belief
a project of this magnitude could cost the State unforeseeable debt.
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Vice Mayor Espinosa stated lobbying efforts in Washington D.e. would
include three federal priorities, including the JPA project, Foothills Fire Plan,
and Bike overpass.
Council Member Klein inquired on the status of hiring a lobbyist to support
the City's position on the HSR.
Mr. Emslie stated Staff was in the process of soliciting proposals and would
make a final selection within ten days. He indicated engaging other like-
minded cities would be handled through the PCC.
Vice Mayor Espinosa inquired on whether the workplan of the lobbyist would
return to the City CounCil, and how the workplan would be outlined.
Mayor Burt stated, in the Ad Hoc Committee's preliminary discussions, the
lobbyist would be promoting the City within the guiding principals adopted
by the City Council. He inquired whether the lobbying effort budget had
been forwarded to the PCC.
Mr. Emslie stated the budget was in process of being forwarded to the PCe.
Mayor Burt stated it was possible the City's budget would be included on the
'PCC's Agenda scheduled on February 5.
Ms. Alexis stated February 19 was the final date any legislation could be
submitted for inclusion at the State level.
Vice Mayor Espinosa inquired on the antiCipated format and timeline of the
Business Plan.
Mr. Emslie stated no timeline for the peer review of a Business Plan had
been established.
Vice Mayor Espinosa inquired on the economic stimulus funding from
President Obama.
Council Member Klein stated grant funding was the amount predicted from
the High Speed Rail Authority (HSRA). He stated the Business Plan called
for an additional $17 billion from the Federal government. Out of $45 billion
dollars needed to complete the HSR, roughly 25 percent had been identified.
Additional sources of revenue, noted in the Business Plan, called for funding
from the private sector and local government.
Mayor Burt stated additional funding sources would likely be needed to
complete the HSR and were unlikely at this time. He stated the HSRA was
counting on roughly $3 billion annually for the next six years from the
Federal government.
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Council Member Price inquired what document the peer review analysis was
funding.
Mr. Emslie stated the peer review analysis was primarily funding the project
level Environmental Impact Report (EIR).
Council Member Price stated discussions on HSR clarifications would take
place in the Ad Hoc Committee.
Council Member Schmid inquired on the timing of when the City Council
would meet to comment on the Alternatives Analysis.
Mr. Emslie stated a Special City Council Meeting could be established. Staff
intended on requesting an extension from the HSRA on the time allotted for
commenting on the Alternatives Analysis.
Council Member Schmid inquired whether Staff was confident that
subsequent to 45-60 days, the City Council would have formulated an
irrevocable decision about HSR in the City limits.
Mr. Emslie stated the Alternatives Analysis was only one part of the
comprehensive project level EIR. He stated nothing could be final until the
HSRA had a completed and certified document. He stated the comments
collected would have a strong influence over the final decision.
Council Member Schmid stated the next few months would be the only time
the City would be able to raise concerns, such as public and private funding
contributions, eminent domain issues, and impacts on the water table and
'1=lood plain.
Council Member Klein stated commenting on the Alternatives Analysis was
important, however, it was not the last time the City Council wOLIId be able
to comment to the HSRA.
Council Member Price stated the Alternatives Analysis was the beginning of
many steps and there was tremendous detail that needed to be assessed.
No action required.
COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS
Council, Member Yeh reported on attending the Northern California Power
Agency's annual strategiC issues workshop. He inquired whether the City
had any recourse on Walgreens selling alcohol.
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City Attorney, Gary Baum advised that the Alcohol, Beverage Control Board
is a State Board and they issue the permits. Drug stores are allowed to sell
beer and wine and at this time it is out of the City's control. Staff can look at
this further if directed.
Mayor Burt stated that on Saturday, February 6, 2010 at 9:00 a.m. there
will be a ceremony at the EI Palo Alto tree. A regional historical society will
be placing an EI Camino Real historic bell at the site of the tree.
Council Member Schmid stated that the City/School Committee met this past
week, and further information will be disseminated at a later date.
ADJOURNMENT: The meeting adjourned at 11:34 p.m.
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