HomeMy WebLinkAbout2005-09-12 City Council Summary Minutes
Regular Meeting September 12, 2005
1. Proclamation Honoring Jim Johnson on His Retirement from the San
Francisquito Creek Watershed Council .......................................... 329
2. Selection of Candidates to be Interviewed for the Utilities Advisory
Commission .............................................................................. 329
3. Selection of Candidates to be Interviewed for the Architectural Review
Board ...................................................................................... 329
ORAL COMMUNICATIONS ................................................................... 329
APPROVAL OF MINUTES ..................................................................... 330
4. Ordinance 4878 entitled “Ordinance of the Council of the City of Palo
Alto Revising the Threshold for Compliance with Storm Water Pollution
Prevention Regulations for Land Development Projects” ................. 331
6. Approval of Agreement and Declaration of Covenant with Kenson Group
to Provide Parking at 130 Lytton Avenue ...................................... 331
7. Rejection of Bids and Authorization to Re-Solicit Bids for Parking Lot R
Supplemental Lighting Project - Capital Improvement Program Project
PE-95030 ................................................................................. 331
8. Approval of Letter of Mutual Understandings for Coordination and
Development of an Integrated Regional Water Management Plan for the
San Francisco Bay Area .............................................................. 331
9. Cancel October 3, October 10, and November 7, 2005 City Council
Meetings and the October 4, 2005 Finance Committee Meeting ....... 331
10. Approval of Contract Amendment in an Amount Not to Exceed $20,000
with Mike Miller for Consulting Services for Utilities Policies and
Procedures and Organizational Review ......................................... 331
09/12/05 99-326
11. Approval of Contract in the Amount of $800,000 with Standard
Insurance Company for the City of Palo Alto's Group Life, Accidental
Death and Dismemberment (AD&D), and Long Term Disability Insurance
(LTD) Plans .............................................................................. 331
12. Approval of an Ordinance Amending the Budget for the Fiscal Year
2005-06 to Provide an Additional Appropriation of $1,110,305 for the
Acquisition of 13-Acre Open Space Bressler Property from the Peninsula
Open Space Trust (POST) and the Approval of a Purchase Agreement
with POST for the Acquisition of the Property in the amount of
$3,560,000” ............................................................................. 332
13. Finance Committee Review of Comparative Data on Cumulative Impact
of Development Fees ................................................................. 333
13a. Colleagues Memo from Mayor Burch and Council Members Kishimoto
and Ojakian Regarding Proposal for Matching Funding for Capital
Improvements in the California Avenue Business District ................ 334
13B. (Old Item No. 5) Approval of Resolutions Adopting Compensation Plan
for Management and Professional Personnel and Amending the Salaries
and Benefits of Certain Council Appointed Officers, and Amending the
Merit System Rules and Regulations ............................................ 338
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS ................... 342
14. CONFERENCE WITH CITY ATTORNEY -- EXISTING LITIGATION ....... 343
ADJOURNMENT ................................................................................. 343
09/12/05 99-327
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
Mayor Burch spoke regarding Hurricane Katrina and proposed that City staff
encourage other California cities to connect directly with affected cities. Staff
was exploring the possibility of working as a liaison with statewide nonprofits
in Louisiana and Mississippi to connect California cities to local government in
need in that region.
Trish Bubenik, Red Cross Executive Director, said during the preceding two
weeks the American Red Cross had sheltered approximately 207,000 people
in 709 shelters in 24 states. More than $609 million had been donated for the
Hurricane Katrina relief effort nationwide, with the Palo Alto Chapter of the
Red Cross processing just over $500,000. She expressed thanks for the
support.
Council Member Mossar said as a member of the Steering Committee for the
National League of Cities (NLC), she contacted staff in Washington, D.C. on
behalf of the City Council and Executive Staff, stating Palo Alto’s interest in
doing whatever it could to help cities that had been affected by Hurricane
Katrina. The NLC accepted the City’s offer and appreciated it greatly.
Mayor Burch said the City of Kenner, Louisiana, was identified as a city similar
in size to Palo Alto, which was damaged by Hurricane Katrina. Kenner was
located approximately 10 miles west of downtown New Orleans with a
population of 71,000. Like New Orleans, Kenner was adjacent to Lake
Pontchartrain and below sea level; therefore, subject to flooding. An
estimated 85 to 90 percent of the homes were damaged either from flooding
or high winds. The city remained evacuated and businesses closed. Phil
Capitano, Mayor of Kenner, expressed his gratitude and indicated his city’s
immediate need was cash assistance. Mayor Burch proposed that Palo Alto
adopt the City of Kenner and provide assistance as needed over the next 18
to 24 months.
MOTION: Mayor Burch moved, seconded by Mossar, to direct staff to prepare
a resolution to authorize the use of City resources and staff to provide
assistance to Kenner, Louisiana, during the next 18 to 24 months, and to
authorize staff to serve as a liaison to help California cities connect with cities
in need in the Gulf Coast region.
Vice Mayor Kleinberg expressed thanks for her colleagues’ leadership.
MOTION PASSED 9-0.
09/12/05 99-328
Mayor Burch urged Palo Altans to prepare themselves for imminent disasters
and suggested residences put together emergency kits for their home and car
to sustain them for 48 to 72 hours.
Senior Auditor Renata Falk said she was born in Baton Rouge, Louisiana, and
lived there for 25 years. She knew a number of people who were affected by
Hurricane Katrina.
SPECIAL ORDERS OF THE DAY
1. Proclamation Honoring Jim Johnson on His Retirement from the San
Francisquito Creek Watershed Council
Jim Johnson encouraged Palo Altans to continue community efforts to restore
the natural resources of San Francisquito Creek.
Council Member Mossar expressed her personal thanks to Mr. Johnson for the
many stories that were shared about the Creek and its history.
No action required.
2. Selection of Candidates to be Interviewed for the Utilities Advisory
Commission
MOTION: Council Member Morton moved, seconded by Mossar, to interview all candidates for the UAC.
MOTION PASSED 9-0.
3. Selection of Candidates to be Interviewed for the Architectural Review
Board
MOTION: Council Member Morton moved, seconded by Cordell, to interview
all candidates for the ARB.
MOTION PASSED 9-0.
ORAL COMMUNICATIONS
Richard Herndon, 2350 Amherst Street, spoke regarding streets and utility
repairs.
Danielle Martell spoke regarding public concerns.
Dennis “Galen” Mitrvzk, Maclane Street, spoke regarding abuse of power.
09/12/05 99-329
Anthony Merlo, 2430 Bryant Street, spoke regarding an electric utilities
matter.
Don Letcher, 788 N. Rengstorff, Mountain View, spoke regarding Human
Relations Commission autonomy.
Jeff Levinsky, 1682 Hamilton Avenue, spoke regarding libraries.
Nancy Alexander, 435 Santa Rita, spoke regarding floor area ratio and
carports.
Betsy Allyn, 4186 Willmar Drive, spoke regarding Palo Alto libraries.
Ellen Wyman, 546 Washington Avenue, spoke regarding the library.
Janice Sedriks, 325 Waverley Street, spoke regarding the Downtown library.
Robert Moss, 4010 Orme Street, thanked the Council regarding the relief for
Hurricane Katrina and spoke regarding library facilities.
City Manager Frank Benest spoke regarding a point of information on Council
Candidates.
APPROVAL OF MINUTES
City Clerk Donna Rogers recommended the minutes of July 11, 2005, August
1, 2005 and August 8, 2005 be removed from the agenda and brought back
after review by staff.
MOTION: Council Member Ojakian moved, seconded by Morton, to adopt the
minutes of July 18 and July 25, 2005.
MOTION PASSED 9-0.
CONSENT CALENDAR
Assistant City Manager Emily Harrison stated staff has requested to have Item
No. 6 removed from the Consent Calendar.
Cubberley and Human Services Division Manager Kathy Espinosa-Howard
spoke regarding Item No. 5 and expressed appreciation for the salary increase
and no unpaid furlough. She said the Management and Professional group
wants a voice and equal treatment with other groups within the City.
Herb Borock, P.O. Box 632, spoke regarding Item No. 5 and noted there have
been changes in Utilities’ management structure, which are not reflected in
the item before Council this evening.
09/12/05 99-330
Council Member Freeman referred to Item No. 10 and asked whether it was
common practice to use former City employees for internal investigations.
Ms. Harrison said it was not common practice to use former City employees
for internal investigation, but Mr. Miller did not perform any internal
investigations. He handled the paperwork for the disciplinary action that
followed the work of the professional investigator.
MOTION: Council Member Freeman moved, seconded by Kishimoto, to
remove Agenda No. 5 from the Consent Calendar to become Item No. 13B.
MOTION: Council Member Morton moved, seconded by Ojakian, to approve
Item Nos. 4 and 7-11 on the Consent Calendar.
LEGISLATIVE
4. Ordinance 4878 entitled “Ordinance of the Council of the City of Palo
Alto Revising the Threshold for Compliance with Storm Water Pollution
Prevention Regulations for Land Development Projects” (1st Reading on
08/08/05)
ADMINISTRATIVE
6. Approval of Agreement and Declaration of Covenant with Kenson Group
to Provide Parking at 130 Lytton Avenue
7. Rejection of Bids and Authorization to Re-Solicit Bids for Parking Lot R Supplemental Lighting Project - Capital Improvement Program Project
PE-95030
8. Approval of Letter of Mutual Understandings for Coordination and
Development of an Integrated Regional Water Management Plan for the
San Francisco Bay Area
9. Cancel October 3, October 10, and November 7, 2005 City Council
Meetings and the October 4, 2005 Finance Committee Meeting
10. Approval of Contract Amendment in an Amount Not to Exceed $20,000
with Mike Miller for Consulting Services for Utilities Policies and
Procedures and Organizational Review
11. Approval of Contract in the Amount of $800,000 with Standard
Insurance Company for the City of Palo Alto's Group Life, Accidental
Death and Dismemberment (AD&D), and Long Term Disability Insurance
(LTD) Plans
MOTION PASSED 9-0 for Item Nos. 4 and 7-11.
09/12/05 99-331
ORDINANCES AND RESOLUTIONS
12. Approval of an Ordinance Amending the Budget for the Fiscal Year
2005-06 to Provide an Additional Appropriation of $1,110,305 for the
Acquisition of 13-Acre Open Space Bressler Property from the Peninsula
Open Space Trust (POST) and the Approval of a Purchase Agreement
with POST for the Acquisition of the Property in the amount of
$3,560,000”
Council Member Mossar said Palo Alto had tried for the past 25 years to
acquire the Bressler property in order to complete the Enid Pearson
Arastradero Preserve. Through the farsighted, generous, and just-in-time
action of the Peninsula Open Space Trust (POST), they purchased the
property in a bankruptcy sale. City staff had worked diligently and succeeded
in acquiring more than $2.5 million in grant funding. POST agreed to offer the
City an interest free loan towards the purchase price of the property to be
repaid in Fall 2005.
Audrey Rust, Peninsula Open Space Trust, 3000 Sand Hill Road, I-122, Menlo
Park, CA, urged the Council to accept staff’s recommendation on the proposal.
Roger Smith, 270 Tennyson Avenue, concurred with the comments of Audrey
Rust.
Herb Borock, P.O. Box 632, said he believed the Certificate of Compliance for the Peninsula Open Space Trust (POST) was in violation of the law, and the
property was worth much less than what the City was being asked to pay for
it.
MOTION: Council Member Mossar moved, seconded by Kleinberg, to adopt
staff recommendations as follows:
a. Ordinance 4879 entitled “Ordinance of the Council of the City of Palo
Alto in the amount of $1,110,305 from the Budget Stabilization Reserve
for the purpose of the acquisition of the Peninsula Open Space Trust”
b. Approve and authorize the Mayor to execute the purchase agreement
with the POST in the amount of $3,560,000 for the acquisition of the
Arastradero Gateway property.
Vice Mayor Kleinberg expressed her thanks to Audrey Rust, her staff and
POST for partnering with Palo Alto, helping the community finish the
Arastradero Preserve and create a valuable asset. She concurred with the
comments of Council Member Mossar.
Council Member Ojakian asked whether staff had any comments regarding Mr.
Borock’s statement.
09/12/05 99-332
Senior Assistant City Attorney Grant Kolling said he did not believe Mr.
Borock’s statement was legally relevant to the purchase. The issue was the
approval of a purchase and settlement agreement.
Council Member Ojakian expressed his support for the motion. He believed it
was the right move to make.
Council Member Kishimoto expressed her support for the motion. It was a
worthy use of the City’s Budget Stabilization Reserve (BSR).
Council Member Morton said with the help of POST, the Council had put
together a parcel that would become a part of the City’s heritage.
Mayor Burch expressed his appreciation to POST for preserving open space.
MOTION PASSED 9-0.
City Manager Frank Benest congratulated Greg Betts and Grant Kolling for all
their hard work.
REPORTS OF OFFICIALS
13. Finance Committee Review of Comparative Data on Cumulative Impact
of Development Fees
Council Member Ojakian said this was an informational report (CMR:372:05)
that calibrated when certain impact fees or taxes were charged for residential
and commercial properties.
Administrative Services Senior Financial Analyst Libby Dame said the Council
previously posed a question to staff regarding what the cumulative impact of
new and existing fees would have on developers. The staff report
(CMR:372:05) summarized current impact fees, presented potential citywide
and Charleston/Arastradero area fees, and provided comparative data from
other cities. Impact fees did not apply to replacement homes, remodels or
expansions of existing homes, commercial properties when there was a
change in tenant or tenant improvements made in existing space, and exempt
categories such as 100 percent affordable housing.
Arthur Keller, 3881 Corina Way, said he would like to see the housing fees
adjusted by the percentage of the sales value. He suggested developers
should provide parkland if the size of their development was sufficiently large.
No action required.
COUNCIL MATTERS
09/12/05 99-333
13a. Colleagues Memo from Mayor Burch and Council Members Kishimoto
and Ojakian Regarding Proposal for Matching Funding for Capital
Improvements in the California Avenue Business District
Council Member Morton stated he would not participate in the item due to a
conflict of interest since his office was located within the boundaries of the
California Avenue Business District.
Mayor Burch indicated Council Member Kishimoto was Liaison to the California
Avenue Area Development Association (CAADA).
MOTION: Council Member Kishimoto moved, seconded by Ojakian, to direct
staff to make a mid-year adjustment to the Capital Improvement Budget of
$50,000 from the City Council’s contingency fund for improvements in the
California Avenue Business District. This funding would be contingent on the
following:
• Development of a prioritized streetscape master plan for the area by
CAADA with the understanding that CAADA plans to secure the
assistance of a licensed architect on a pro bono basis to develop the
plan.
• Financial participation by CAADA to ensure maximum leverage of City
funds
Council Member Kishimoto said California Avenue was one of Palo Alto’s gems.
She acknowledged the work CAADA had done in taking the initiative to
maintain the area. The goal of both CAADA and the City of Palo Alto was to
re-invigorate the California Avenue Area Business District and it became clear there needed to be an additional investment in the shopping district.
Council Member Ojakian said he saw an opportunity to work with CAADA and
have them get involved in improving the streetscape, thereby enhancing the
district for business owners as well as for the enjoyment of the public.
Sanford Forte, 280 College Avenue, said studies have shown that canopy
improvements in commercial districts increased the amount of time
individuals spent on a street by as much as 20 percent, and the amount of
money spent in that district by as much as 17 percent. He expressed concern
however, that if retailers were asked to pay for the improvements there would
be resistance. He urged City staff and the Council to work with developers and
landlords to try and find a way to make it happen.
Heather Trossman, 769 Garland Drive, offered her architectural services to
put together a design, which would jumpstart the development.
09/12/05 99-334
Council Member Mossar asked if the Council were to vote in favor of the
motion what would be the remaining balance in the Council’s Contingency
Fund.
Council Member Ojakian said he believed the balance was approximately
$150,000.
Council Member Kishimoto said from her conversation with Director of
Administrative Services Carl Yeats the balance was closer to $160,000.
Council Member Mossar said while she agreed California Avenue was an
important and special shopping district in the community it was not the
Council’s standard practice to do a Budget Amendment Ordinance (BAO)
without a budget and defined project.
Council Member Kishimoto said she understood CAADA would develop a
prioritized streetscape master plan for the area and present it to the Finance
Committee and Council at mid-year.
Council Member Mossar asked why the BAO was being authorized at the
present time as opposed to when CAADA returned with a plan.
Council Member Ojakian said his colleagues were attempting to provide
CAADA with an incentive to take some action, and it included the retailers
putting up some money.
Council Member Mossar asked whether the Council could vote to make a
policy commitment to CAADA instead of putting the money in the budget.
Council Member Ojakian said yes they could, but it was a way of showing
CAADA that if they followed through on their end, the Council would come
back at mid-year to create the Capital Improvement Project (CIP) with
$50,000.
Council Member Mossar clarified the Colleagues Memo directed staff to come
back only when and if CAADA came forward with the two conditions indicated
in the motion. She asked whether the motion could state that explicitly.
Council Member Kishimoto said the intent was that Council would make the
$50,000 commitment, but only if the two conditions were met.
Council Member Freeman asked whether canopy and news racks were the two
items being developed with the $50,000.
Council Member Ojakian said it would involve a prioritized streetscape master
plan.
09/12/05 99-335
Assistant City Manager Emily Harrison said, in addition to canopy and news
racks, there was also discussion about fountain repair for the California
Avenue fountain, as well as bulb outs and traffic calming. City staff needed
CAADA to prioritize a list of possible improvements.
Council Member Freeman said there was a question of the timeframe and
allocating money at a time when the streetscape master plan had arrived. She
hoped to hear how that would be added into the motion.
Vice Mayor Kleinberg said the contingencies in the contract were vague. She
asked whether anything more specific was discussed and could it be included
in the motion.
Mayor Burch said CAADA had felt California Avenue was second-class to
University Avenue. In order to alleviate that feeling, his colleagues offered to
commit $50,000 after CAADA provided a master plan for the project.
Vice Mayor Kleinberg asked what was being asked of CAADA in terms of
financial participation.
Council Member Kishimoto anticipated approximately 50 percent of the
$50,000.
Vice Mayor Kleinberg said if there was nothing to trigger the Council’s
responsibility then it was an empty responsibility, and how would staff know when to return to Council since there was no written agreement.
Council Member Kishimoto said her colleagues just needed to see that CAADA
was serious enough to put in some broad participation.
Vice Mayor Kleinberg asked whether CAADA knew what putting in funds
meant.
Council Member Kishimoto said CAADA was an association that collects annual
fees.
Vice Mayor Kleinberg said she was referring to restricted monies. She asked to
whom should the prioritized streetscape master plan go since she did not
believe the Finance Committee needed to review it.
Council Member Ojakian said he believed the master plan would go to the
Finance Committee. He reminded his colleagues it was their streets and
sidewalks. He asked whether financial participation was asked of the
downtown businesses when the downtown urban design charette was
developed.
09/12/05 99-336
Ms. Harrison said much of the original plan for that project was done on a pro
bono basis. Additional staff work would be required when it became
incorporated into the CIP. The same dialogue was had with CAADA as to the
success of University Avenue.
Council Member Ojakian said he and his colleagues chose a different route for
this case because they wanted a “buy in” from CAADA. There was a benefit to
having them involved in what would happen.
Vice Mayor Kleinberg asked whether the neighboring residents would be
included in the process.
Council Member Kishimoto said yes.
Vice Mayor Kleinberg said she understood the development on California
Avenue should be a model for other districts. She asked the authors of the
Colleagues Memo what they had in mind in terms of a precedent.
Council Member Kishimoto said one issue involved news rack regulations and
budget issues.
Vice Mayor Kleinberg expressed concern about how the Colleagues Memo was
formatted, and that the contingencies were vague and without direction. It
was premature to restrict $50,000 when there was so much yet to be done.
She requested the motion be approved in concept and to direct staff to return with more specific language about the contingencies.
MOTION RESTATED: Council Member Kishimoto moved, seconded by
Ojakian, to direct staff to prepare a mid-year adjustment to the Capital
Improvement Budget of $50,000 from the City Council’s contingency fund for
improvements in the California Avenue Business District. This approval of the
adjustment would be contingent on the following:
• Development of a prioritized streetscape master plan for the area by
CAADA with the understanding that CAADA plans to secure the
assistance of a licensed architect on a pro bono basis to develop the
plan.
• Financial participation by CAADA to ensure maximum leverage of City
funds
Vice Mayor Kleinberg said, unfortunately, the Council was left with a master
plan that had not been vetted by the City, and financial participation, which
was not defined.
Mayor Burch said his colleagues gave CAADA a dollar amount of how much
the Council could commit. It was a placeholder until things were more
developed.
09/12/05 99-337
SUBSTITUTE MOTION: Vice Mayor Kleinberg moved, seconded by Mossar,
to approve in concept the direction to staff to prepare a mid-year adjustment
to the Capital Improvement Budget of $50,000 from the City Council’s
contingency fund for improvements in the California Avenue Business District.
This approval of the adjustment would be contingent on the following:
• Development of a prioritized streetscape master plan for the area by
CAADA with the understanding that CAADA plans to secure the
assistance of a licensed architect on a pro bono basis to develop the
plan.
• Financial participation by CAADA to ensure maximum leverage of City
funds
Furthermore, staff would be directed to return with specific language for the
two contingencies.
Vice Mayor Kleinberg said the Council wanted to be forthcoming and
committed to the arrangement. If it was a precedent and model, it should be
as specific and clear as possible.
Council Member Mossar said the original motion made reference to a specific
timeframe, budget action and dollar amount with no plan or clear
contingencies. She approved of the concept, but Council needed to ask staff
for due diligence to flush out the proposal in order to make a clear and sound
budget recommendation.
SUBSTITUTE MOTION PASSED 5-3, Beecham, Kishimoto, Ojakian no,
Morton not participating.
13B. (Old Item No. 5) Approval of Resolutions Adopting Compensation Plan
for Management and Professional Personnel and Amending the Salaries
and Benefits of Certain Council Appointed Officers, and Amending the
Merit System Rules and Regulations
City Manager Frank Benest said the Management and Professional (M&P)
employee group was an unrepresented unit. One goal was to keep the M&P
group on par with the City’s unionized general employees represented by the
Service Employees International Union (SEIU). The few substantive changes
in the agreement included a salary increase and technical changes related to
the tax law. In respect to the professional development medical benefits and
other benefits, staff recognized the Council’s continued direction to contain or
reduce those benefit costs. The best way to do that was when staff
comprehensively dealt with all the unions and groups in the early months of
2006.
Council Member Freeman asked whether all members of the M&P employee
group were in their appropriate classifications, or whether some movement
was going to happen.
09/12/05 99-338
Mr. Benest said the positions listed in the staff report (CMR:373:05) were the
ones affected by the Compensation Plan (Comp Plan). For a number of years,
there was concern about misclassification. Consequently, staff had looked at
developing a class study to ensure appropriate classification. The issue of
compaction would also be studied.
Council Member Freeman asked for the best and worst case impact on the
overall budget.
Mr. Benest said there was no way to determine that although there had been
longstanding concerns by the M&P employee group.
Council Member Freeman asked whether non-exempt employees in the M&P
group received overtime.
Assistant City Manager Emily Harrison said they did in some cases. Those
classifications were originally placed in non-exempt status because they
directly supervised employees who, with overtime, would make considerably
more than they did for doing work side-by-side. Staff did recognize that the
management compensation study would need to address and correct those
issues.
Council Member Freeman said the benefit of 80 hours of Management Leave
equated to approximately 9 days per year along with having the opportunity
for overtime pay. She asked whether she was reading that correctly.
Ms. Harrison said on a comparable basis the same issue arose with firefighters
and fire chiefs, as well as management and SEIU. All those issues would be
looked at comprehensively when the respective contracts expired in 2006.
Council Member Freeman said a comprehensive look was what the City
needed. She asked for an explanation of the winter closure and furlough.
Mr. Benest said for the past two years the M&P employee unit had a
mandatory furlough in which they had to take the time off. It equated to a
one percent decrease in salary. In addition, there was a three-day closure of
City Hall during the holiday. If an employee chose, they could take their
three-day furlough during the winter closure. However, those two events were
separate. Although the furlough would not be in effect in 2005-06, the winter
closure would. During that time, the employee would have to take vacation.
Council Member Freeman asked how did that work for employees who worked
a schedule where their regular day off fell on a holiday.
Ms. Harrison said that related to the 9/80 alternate Friday off schedule in
which if a holiday fell on the 9/80 Friday, the person would not lose their 9/80
Friday, but would be able to adjust their timecard in order to be paid for the
holiday or take the time in the next pay period.
09/12/05 99-339
Council Member Freeman asked when was the time to make suggestions if the
Council felt the Professional Development reimbursement of $1,500 per year,
which in part could purchase job related computer software, hardware,
internet access, telecom equipment and home office furniture, was excessive.
Mr. Benest said providing an incentive for employees to purchase computers
and be able to work at home or elsewhere was, in his opinion, a good
incentive; however, if the Council believed it was not good use of money, the
time to make suggestions was during the employee groups’ yearly contracts.
He proposed scheduling a strategy session with the Council prior to entering
any discussions with the bargaining units and non-represented groups as to
where the Council priorities were.
MOTION: Council Member Freeman moved, seconded by Cordell, to ensure
that staff would set a Council meeting to provide time for Council input for
salary and benefits for all classifications before labor negotiations begin.
City Attorney Gary Baum asked the meeting requested be within the
parameters of the Brown Act for closed sessions. Specifically, one could only
meet to discuss negotiation parameters with the negotiators.
Mayor Burch clarified it would have to be a closed session.
Council Member Freeman said in order for the Council to talk about the details
of the Comp Plan publicly they had to have a closed session.
Mr. Benest said prior to entering negotiations with all the employee groups
next year, staff had committed to sit down with the Council to get direction on
a broader more comprehensive basis.
Council Member Ojakian asked staff when they anticipated the item returning
to Council.
Ms. Harrison said per the City Attorney, staff could not include any new
Council Members in a closed session. Therefore, the item would return after
the new Council Members had been sworn in.
Council Member Ojakian said he found it difficult for a Council that had five
seats up for election to vote on the motion presented.
Council Member Morton said the Council had a commitment from the City
Manager and a change was forthcoming in the majority of the Council. He felt
it was in bad taste to force the City Manager to do something he had already
committed to.
09/12/05 99-340
Council Member Kishimoto expressed support for the motion. She found the
matrix prepared by staff useful and it would be great to extend it to
comparable cities.
MOTION PASSED 5-4, Beecham, Burch, Morton, Ojakian no.
MOTION: Council Member Ojakian moved, seconded by Morton, for the
approval of the resolutions adopting a Compensation Plan for Management
and Professional Personnel effective for the pay periods including July 1, 2005
through June 30, 2006. Also recommended is approval of the resolution
amending the salary and benefits of certain Council Appointed Officers and the
Merit System Rules and Regulations to incorporate the amended
compensation plan for Management and Professional personnel.
Resolution 8554 entitled “Resolution of the Council of the City of Palo
Alto Adopting Compensation Plan for Management and Professional
Personnel and Council Appointees and Rescinding Resolution Nos. 8455,
8475, and 8539”
Resolution 8555 entitled “Resolution of the Council of the City of Palo
Alto Amending Section 1701 of the Merit System Rules and Regulations”
Council Member Ojakian said he was satisfied with staff having followed his
suggestions and favored the motion.
Council Member Kishimoto said although the parameters were discussed in
closed session, the various issues were not. The question she raised was to
make sure the M&P employee group contract did not set a precedent, which
increased the City’s budget. The intent of the PERS Choice reimbursement
was that it was a temporary measure and subject to review. She disagreed
with using the Professional Development reimbursement for gym/health club
memberships. She noted a stark contrast with the City of Sunnyvale’s $248
maximum per month PERS Care medical benefit to Palo Alto’s $1,600 per
month maximum.
Vice Mayor Kleinberg expressed support for the motion and believed it was
the fair thing to do for the M&P employee group, who helped run the
organization. She was concerned, however, about where Palo Alto stood
comparable to other cities, where it was headed, and the increased liability for
pension and health benefits. She believed the Council had the responsibility to
look at the entire compensation and benefit package for all the employee
groups.
Council Member Morton said the Council had the opportunity to look at what
had been done for other City employee groups and is fair to the M&P
employees. He expressed support for the motion.
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Council Member Freeman said she felt accountable and had a fiscal
responsibility to understand the details. Although she would not be able to
support the motion, she appreciated the fairness and contributions of the M&P
employee group.
Council Member Cordell believed the discussion on the issue was productive
and necessary for the Council Members who sat as trustees of the City. She
hoped the members of the M&P employee group understood the discussion
was not meant to disparage them or the work they did. She was aware of how
diligent staff worked and was supportive of what they did for the City. She
believed a comprehensive look of the entire compensation and benefit
package for City employees was crucial. She wondered whether or not it was
appropriate to base salary increases upon what one group received. She
expressed support for the motion.
MOTION PASSED 8-1, Freeman no.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Freeman said the City and County of San Francisco Planning
Department issued the Notice of Preparation (NOP) and Notice of Public
Scoping Meetings for the San Francisco Public Utilities Commission (SFPUC),
Water System Improvement Program, in preparation of an Environmental
Impact Report. A Scoping Meeting to provide oral or written comments would
be held on Tuesday, October 18, 2005, 7-9 p.m. at the Palo Alto Art Center, 1313 Newell Road, Palo Alto.
Council Member Mossar stated her concern regarding Council’s ability to
participate in, and comment on, the Water System Improvement Program
process. She felt it was appropriate for the Council to understand the process
and its role in participating in the larger process.
Assistant City Manager Emily Harrison stated Palo Alto’s response to the
SFPUC was due in December, and the Utilities Advisory Commission (UAC)
hearing would precede the Council’s discussion, which would count as the
public hearing requirement. Staff was looking at a Study Session regarding
water issues in November. It was a key planning issue and there would be in
an opportunity for Council input.
Council Member Kishimoto spoke regarding the Valley Transportation Agency’s
(VTA) discussions about a potential one-quarter cent sales tax for
transportation for the coming year.
Mayor Burch noted Senator Simitian would be holding a Town Hall meeting
Saturday, September 24, 2005, from 10 a.m. to 12 noon in Council
Chambers.
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Council Member Freeman complimented staff on the 2005-06 Budget in Brief
pamphlet distributed in the Council packet, which would help the public to
better understand the budget process.
Vice Mayor Kleinberg requested the meeting be adjourned in memory of the
following: 1) Andrea Liederman, a leader in health and education in the
community, who passed away the previous night; 2) Lou Platt, who passed
away on Friday, was a titan of technology and an important philanthropist in
racial diversity and understanding education, and also involved in preservation
and environmental issues; and 3) the heroes and victims of 9/11.
Mayor Burch requested the meeting be adjourned in memory of the victims of
Hurricane Katrina and the three states where many lives were lost; and
Robert Brown, who had passed away recently and was very involved in
environmental open space and land trust issues in the community.
CLOSED SESSION
The meeting adjourned to a Closed Session at 10:00 p.m.
14. CONFERENCE WITH CITY ATTORNEY -- EXISTING LITIGATION
Subject: Israela Banin v. City of Palo Alto, et al.; SCC #1-04-CV-
030273
Authority: Government Code section 54956.9(a)
The City Council met in Closed Session to discuss matters regarding existing
litigation as described in Agenda Item 14.
Mayor Burch announced there was no reportable action taken.
ADJOURNMENT: The meeting adjourned at 10:05 p.m. in memory of: 1)
Andrea Liederman, who headed Government Affairs for Kaiser Permanente,
was an elected member of the Foothill DeAnza College Board of Trustees, and
a leader in health and education in the community; 2) Lou Platt, who was a
technology titan and headed Hewlett Packard, an important philanthropist in
racial diversity and understanding education, and also involved in community
preservation and environmental issues; 3) The tragedy of 9/11, and the
victims and heroes who should never be forgotten; 4) The victims of
Hurricane Katrina and the three states where many lost their lives; and 5)
Condolences to the Brown family for the passing of Robert Brown, son of
Vance Brown of Vance Brown and Sons, a major contributor in community
construction. Robert was also very involved in environmental open space and
land trust issues.
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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.
09/12/05 99-344