HomeMy WebLinkAbout2005-04-04 City Council Summary Minutes
Special Meeting
April 4, 2005
1. Study Session Emergency Preparedness (Emergency Alerting System) .....23
ADJOURNMENT: The meeting adjourned at 6:55 p.m. ................................23
ORAL COMMUNICATIONS ........................................................................24
APPROVAL OF MINUTES ..........................................................................25
2. Resolution 8509 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the Examination of Sales and Use Tax Records” ..........25
3. Approval of a Utilities Enterprise Fund Contract with Advanced Control
Systems Inc. in the Amount of $100,000 for a Turn Key Project to Add
an Oracle Database Module to the SCADA System ..............................25
4. 3990 El Camino Real [04-Cup-11]: Request by T-Mobile on Behalf of
Toufic Jisser for a Conditional Use Permit to Allow the Installation of a
Telecommunications Facility. Zone District: CN. Environmental
Assessment: Exempt from the California Environmental Quality Act Per
Section 15301 ...............................................................................25
5. Public Hearing: Mayfield DEIR and Development Agreement for the
Stanford Research Park/Plans for Playing Fields (Staff is requesting
item to be rescheduled to 04/25/05) ................................................26
6. From the Finance Committee: Approval of a Contract with Maze &
Associates in an Amount Not to Exceed $387,937 for External Financial
Audit Services for the Fiscal Years Ending June 30, 2005 through June 30, 2007 .......................................................................................26
6A. (Old Item No.1.) Resolutions Adopting Memorandum of Agreement
Between the City of Palo Alto and the Palo Alto Fire Chiefs’ Association
and Adopting Compensation Plan for Palo Alto Fire Chiefs’ Association
Management Personnel ...................................................................27
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS ........................29
04/04/05 99-21
ADJOURNMENT: The meeting adjourned at 8:30 p.m. .................................30
04/04/2005 99-22
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:05 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Mossar, Ojakian
ABSENT: Morton
STUDY SESSION
1. Study Session Emergency Preparedness (Emergency Alerting System)
An update was provided to the City Council on the Community Alerting and
Notification System. As part of its overall strategy for citywide Emergency
Preparedness placed into operation in 2003, Sheryl Contois, Coordinator of
Police Technical Services, Police Chief Lynne Johnson, and Fire Chief Nick
Marinaro presented the new strategy for ensuring timely and accurate
notifications to the community during an emergency. The new strategy
included transitioning responsibility for community notifications to Ms.
Contois in the Police Department’s Technical Division, who would work
closely with the Fire Department and the City’s Information Technology Chief
Information Officer to accomplish the objectives. The new Plan would also
include establishing a Subcommittee on Community Notification, which
would include representatives from the community, neighborhood
associations, the media, and key City Staff. In addition, a contract with an
outside Call Center would be added to the notification tools the City would
utilize, and the City would develop a new internal telephone database of
emergency contact numbers for the community. Development of the new
Plan was currently underway and, when complete, would reside as an Annex
in the City’s Disaster Plan. As Chair of the Emergency Preparedness
Steering Committee, Police Chief Lynne Johnson provided the Council with an update on other Emergency Preparedness activities, which included
upcoming local and regional exercises and information on regional terrorism
training for City First Responders.
No action required.
ADJOURNMENT: The meeting adjourned at 6:55 p.m.
04/04/2005 99-23
Regular Meeting
April 4, 2005
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:00 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Morton, Mossar, Ojakian
ORAL COMMUNICATIONS
Mary Carey Schaefer, 742 DeSoto, spoke regarding her work on a committee
formed by past City Manager June Fleming regarding floods and terrorism.
She spoke regarding her concerns with handicapped registry and the
Emergency Operation Center.
Geri Kennedy, Redwood City, spoke regarding the value of second units.
Nancy Shephard, 1556 Madrono Avenue, spoke regarding the Palo Altans for
Government Effectiveness (PAGE) event on April 9, 2005.
Assistant City Manager Emily Harrison referred to the Storm Drain ballot
mailing that day and said a Press Release had been issued.
Council Member Cordell noted that Ms. Kennedy, the Redwood City speaker,
advised it only took 60 days to receive the permit for her second unit in
Redwood City.
Assistant City Manager Emily Harrison spoke regarding the Homer Tunnel.
Public Works Director Glenn Roberts said the tunnel project was in its final
stages prior to opening in late April or early May 2005. The total cost of the
project was $5.5 million. Ninety percent was funded through the Palo Alto
Medical Foundation (PAMF) Project, the Sheraton Hotel, and major State and
Federal Grants. An additional $500,000 came from City funds.
Director of Planning and Community Environment Steve Emslie said the
Homer Tunnel was opened in mid-December 2004, to provide access and
encourage foot traffic from the PAMF and Town and Country sites to the
Downtown area during the holiday season. The tunnel was designed for
shared-use between pedestrians and bicyclists. The project would be
monitored and evaluated during its final stages and until the tunnel became
fully operable.
04/04/2005 99-24
APPROVAL OF MINUTES
MOTION: Council Member Morton moved, seconded by Beecham, to
approve the minutes of March 7, 2005, as submitted.
MOTION PASSED 9-0
CONSENT CALENDAR
MOTION: Council Member Kishimoto moved, seconded by Freeman, to
remove Item No.1 from the Consent Calendar, which would become Item
No. 6A.
MOTION: Council Member Kishimoto moved, seconded by Freeman and
Cordell, to remove Item No. 4 from the Consent Calendar and set a separate
public hearing for April 25, 2005.
MOTION PASSED 5-4, Beecham, Morton, Mossar, Ojakian no.
Council Member Freeman registered a no vote on Item No. 3.
MOTION: Council Member Morton moved, seconded by Mossar, to approve
Consent Calendar Item Nos. 2 and 3.
LEGISLATIVE
2. Resolution 8509 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the Examination of Sales and Use Tax Records”
ADMINISTRATIVE
3. Approval of a Utilities Enterprise Fund Contract with Advanced Control
Systems Inc. in the Amount of $100,000 for a Turn Key Project to Add
an Oracle Database Module to the SCADA System
4. 3990 El Camino Real [04-Cup-11]: Request by T-Mobile on Behalf of
Toufic Jisser for a Conditional Use Permit to Allow the Installation of a
Telecommunications Facility. Zone District: CN. Environmental
Assessment: Exempt from the California Environmental Quality Act Per
Section 15301
MOTION PASSED 9-0 for Item No. 2.
MOTION PASSED 8-1 for Item No. 3, Freeman no.
04/04/2005 99-25
Council Member Freeman said she was registering a “no” vote on Item No. 3
because she was not convinced the Oracle Database Module needed to be a
sole source option. She would like to see the City utilize a more open
system of bidding.
PUBLIC HEARINGS
5. Public Hearing: Mayfield DEIR and Development Agreement for the
Stanford Research Park/Plans for Playing Fields (Staff is requesting item
to be rescheduled to 04/25/05)
City Attorney Gary Baum noted Council Members Cordell, Freeman, and
Mossar were conflicted on the item.
MOTION: Council Member Morton moved, seconded by Kishimoto, to
continue the item to May 2, 2005 for public testimony.
MOTION PASSED 6-0, Cordell, Freeman, Mossar not participating.
REPORTS OF COMMITTEE AND COMMISSIONS
6. From the Finance Committee: Approval of a Contract with Maze &
Associates in an Amount Not to Exceed $387,937 for External Financial
Audit Services for the Fiscal Years Ending June 30, 2005 through June
30, 2007
Council Member Ojakian said most major accounting firms ceased doing
government audits in early 2000. Four external financial audit firms
responded to the City Auditor’s Request for Proposal (RFP). Maze &
Associates had the most experience in accomplishing the work required.
MOTION: Council Member Ojakian moved, seconded by Morton, to approve
the agreement with Maze & Associates for external audit services for Fiscal
Years Ending June 30, 2005 through June 30, 2007 at a total cost not to
exceed $387,937 with an option to continue such services for three
subsequent fiscal years contingent on satisfactory performance.
Council Member Kishimoto said she preferred leaving the field open for
competition and favored changing auditors periodically to avoid staying in
the same comfort zone for extended periods of time.
Council Member Morton said based on staff’s evaluation of all the
participants, Maze & Associates was the most knowledgeable of the City’s
activities.
04/04/2005 99-26
Council Member Freeman did not support the recommendation. She said
Maze & Associates had been with the City for seven years. It was good
practice to periodically change auditing services to avoid potential close
relationships between staff and outside auditors.
Vice Mayor Kleinberg said Maze & Associates had the best proposal, the
most experience, and the lowest cost. Given the fact the City was faced
with financial burdens, it was important to have an auditor who would do the
job in the most cost-effective way.
City Auditor Sharon Erickson said the contract was opened to competition
from other firms. She supported going with Maze & Associates because the
competitive process worked with cost savings.
MOTION PASSED 7-2, Freeman, Kishimoto no.
6A. (Old Item No.1.) Resolutions Adopting Memorandum of Agreement
Between the City of Palo Alto and the Palo Alto Fire Chiefs’ Association
and Adopting Compensation Plan for Palo Alto Fire Chiefs’ Association
Management Personnel
Council Member Kishimoto said she had difficulty approving a 3 percent
increase when the City was facing major budget cuts across the
organization. She asked for clarification on the long-term disability (LTD)
option.
Risk Manager Sandra Blanch explained the group was part of management
and had the option of obtaining LTD through the International Association for
Fire Fighters Union (IAFF) and from the City. The City would discontinue
paying Long Term Disability (LTD) coverage. The monthly premium was $40
and disability benefits were $6,000 per month.
Council Member Kishimoto said the Compensation Plan (Comp Plan) had
issues and clauses that needed to be reviewed and she requested an
appropriate time for discussion.
City Manager Frank Benest suggested having an overview session prior to
entering the next round of Union negotiations. The Council could identify
issues and interests and direct staff to deal with those concerns in
developing a management proposal.
MOTION: Council Member Kishimoto moved, seconded by Morton, to accept
the staff recommendation approving the resolutions amending Section 1801
of the Merit System Rules and Regulations regarding the Memorandum of
Agreement between the City of Palo Alto and the Fire Chiefs’ Association and
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adopting a Compensation Plan for Fire Chiefs’ Association management
personnel.
Resolution 8510 entitled “Resolution of the Council of the City of Palo
Alto Amending Section 1801 of the Merit System Rules and
Regulations Regarding the Memorandum of Agreement Between the
City of Palo Alto and the Palo Alto Fire Chiefs’ Association”
Resolution 8511 entitled “Resolution of the Council of the City of Palo
Alto Adopting a Compensation Plan for Palo Alto Fire Chiefs’
Association Management Personnel and Rescinding Resolution No.
8364”
Council Member Freeman asked what impact would there be on the budget if
all six employees opted to take advantage of the total benefit package.
Mr. Benest referred to the Resource Impact, page 2 of the staff report
(CMR:123:05).
Council Member Freeman asked, in addition to the 3 percent increase, what
was the total dollar amount of the benefit package and did Council have
legal authority to request an item be changed that was in the contract at
that point.
City Attorney Gary Baum said the City could be charged with unfair labor
practice if changes were made to the contract.
Mr. Benest said there would be two negative consequences: 1) unfair labor
practice charges; and 2) it would undercut the City’s labor negotiation
practices with the Council as a policy making body and the City Manager as
the implementer of the process.
Council Member Freeman asked whether the agreement modifications were
approved or directed during Closed Session.
Mr. Benest said staff’s recommendation and the economic issues were
authorized by the Council and given to staff under Council’s authority. Staff
was then directed to develop the agreement and return the item to Council
for approval. Unfortunately, a problem arose after negotiations in which a
significant amount of time was lost between when Council gave staff
authority and the return of the item to Council with the full agreement. The
City lost its City Attorney Liaison for Human Resources (HR), and the HR
Director.
Council Member Freeman said she was pleased the MOA was being
04/04/2005 99-28
presented in full for review. She said her “no” vote was not based on lack of
confidence in the Fire Department, but based on the City’s fiscal situation
and items that could be modified to better handle going forward with other
larger Union groups without setting a precedence.
International Association of Fire Fighters (IAFF) Union President Tony
Spitaleri said firefighters and battalion chiefs had not accepted a raise for
one year to help with the City’s financial situation. The Battalion Chiefs had
gone without a pay increase for 21 months. Battalion Chiefs received the
same increases as the firefighters and the same benefit package given to all
City managers.
Council Member Mossar said Council had fully participated in the negotiation
process and she was concerned about questions being raised at that meeting
regarding the outcome of the process. It was important for Council to honor
the commitments made in the negotiation process. She supported the
contract and the Union employees who had struggled in dealing with the
financial issues the City had faced for a number of years.
Council Member Freeman said she was not questioning the wage increase,
but questioned the added perquisites all managers received. She was
pleased with the City Manager’s revised procedure in being able to review
other options during the negotiation process.
Mayor Burch clarified once Council put agreements in place they would not
be rewritten.
Council Member Kishimoto needed clarification on the response given to
Council Member Freeman’s question regarding sick leave payout. In 2004,
the average total annual cash out for sick leave over the past three years
was $922,841 for 26 employees.
Assistant City Manager Harrison said the response was calculated on a
citywide basis. Sick leave was accrued benefits and, therefore, cash out
benefits would not impact the budget.
MOTION PASSED 8-1, Freeman no.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Beecham spoke regarding a brochure from “Yes on Storm
Drains” and mentioned they had a website.
Vice Mayor Kleinberg noted there was material in the packet about a cell
phone tower issue, and she said there should be an analysis of the citywide
04/04/2005 99-29
cell phone policy.
Assistant City Manager Emily Harrison replied the City did not have an
updated telecommunications policy.
City Manager Frank Benest asked that Council allow staff to review the
telecommunications policy.
Vice Mayor Kleinberg recognized the Stanford Women’s Synchronized
Swimming Team that returned from Florida as National champions.
Council Member Mossar noted the recent newspaper article about the San
Francisquito Creek Joint Powers Authority (JPA) considering expanding work
to include tidal flooding. That proposal was being discussed by the JPA with
the Army Corps of Engineers.
Council Member Freeman reminded everyone that April 10, 2005, was
Stanford University Community Day.
Mayor Burch noted he had participated in an event at Stanford on White
Plaza recognizing organ transplants and he had presented a proclamation.
Council Member Beecham noted Stanford and Palo Alto had been selected
for the Senior Olympics.
Council Member Morton recognized the passing of Pope John Paul II.
ADJOURNMENT: The meeting adjourned at 8:30 p.m.
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto
Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing
Committee meeting tapes are made solely for the purpose of facilitating the
preparation of the minutes of the meetings. City Council and Standing
Committee meeting tapes are recycled 90 days from the date of the
meeting. The tapes are available for members of the public to listen to during regular office hours.
04/04/2005 99-30