HomeMy WebLinkAbout2005-12-12 City Council Summary Minutes
Special Meeting December 12, 2005
1. Joint Meeting with Planning and Transportation Commission (P&TC) .....4
ORAL COMMUNICATIONS ........................................................................10
2. Policy and Services Committee (P&S) Recommendation Regarding
Council Review of Responses to Audit Report Recommendations on
Restructuring Efforts and Management Span of Control .......................11
3. Policy and Services Committee (P&S) Recommendation to Adopt the
City Attorney/City Manager Code Enforcement Approach .....................11
4. Resolution 8574 entitled “Resolution of the Council of the City of Palo
Alto Supporting the Creation of a Federal Department of Peace” ..........11
5. Resolution 8575 entitled “Resolution of the Council of the City of Palo
Alto Declaring Weeds to be a Nuisance” ............................................11
6. Resolution 8576 entitled “Resolution of the Council of the City of Palo
Alto to Adopt a Memorandum of Agreement for SEIU Represented
Hourly Personnel Amending the Merit System Rules and Regulations
and Adopting a New Compensation Plan for Represented Hourly
Employees (SEIU Hourly Unit)” ........................................................11
7. Resolution 8577 entitled “Resolution of the Council of the City of Palo
Alto Adopting a Compensation Plan for Limited Hourly Personnel” ........11
8. Ordinance 4887 entitled “Ordinance of the Council of the City of Palo
Alto to Convert Four Public Employee Retirement System (PERS)
“Exempt” Hourly Positions to SEIU Classified Positions” .......................11
9. Approval of a Contract with Hung Minh To in the Amount of $328,000
for Parking Lot R Supplemental Lighting Project - Capital Improvement
Program Project PE-95030...............................................................11
12/12/2005 100-1
10. Resolution 8578 entitled “Resolution of the Council of the City of Palo
Alto Declaring the Results of the Consolidated General Municipal
Election Held on Tuesday, November 8, 2005” ...................................12
11. Resolution 8588 entitled “Resolution of the Council of the City of Palo
Alto Authoring the City Manager to Execute Certain Documents for the
City of Palo Alto Under the Settlement Agreement and Master Water
Sales Contract with San Francisco When the City Acts as a Suburban
Representative” .............................................................................12
12. Resolution 8579 entitled “Resolution of the Council of the City of Palo
Alto to Adopt the 2005 Urban Water Management Plan” ......................12
13. Ad Hoc Committee Recommendation on Selection of Parks and
Recreation Commission Applicants for Council Interview .....................12
14. Resolution 8580 entitled “Resolution of the Council of the City of Palo
Alto Adopting a Palo Alto Annex to “Taming Natural Disasters”, a Multi-
Jurisdictional Local Government Hazard Mitigation Plan for the San
Francisco Bay Area, prepared by the Association of Bay Area
Governments (ABAG).” ...................................................................12
15. Consideration of the Police Chief’s Request for Funding Frontline Law
Enforcement Programs. ...................................................................13
16. Ordinance 4889 entitled “Ordinance of the Council of the City of Palo
Alto to Adopt an Ordinance Amending Chapter 18.65 of Title 18 for the
Purpose of Allowing the Auto Dealership Overlay Zone (Combining
District) in Two Limited Manufacturing (LM) Districts Located on the
East and West Side Adjacent to Highway 101 at the San Antonio
Interchange” .................................................................................14
17. Mayor Burch to Appoint Blue Ribbon Task Force for the Police Building ..15
17a. Colleagues Memo from Vice Mayor Kleinberg and Council Members
Cordell and Mossar re Report and Recommendations of Ad Hoc
Committee Regarding Police Review Functions ...................................17
18. Recommendation to Approve Contract Change and Salary Adjustments
for City Auditor Sharon Erickson and City Clerk Donna Rogers .............21
19. Authorization for the City Manager to Enter Into Discussions with the
Palo Alto Unified School District (PAUSD) on Constructing a 2.5 Million
Gallon Underground Emergency Water Reservoir, Pump Station and
Well at Palo Alto High School Pending the 8-Hr Emergency Water
Supply Project Environmental Impact Report Process ..........................21
19a. (Formerly Item 2) Policy and Services Committee (P&S)
Recommendation Regarding Council Review of Responses to Audit
12/12/2005 100-2
Report Recommendations on Restructuring Efforts and Management
Span of Control ..............................................................................23
FINAL ADJOURNMENT: The meeting adjourned at 9:20 p.m. ........................24
12/12/2005 100-3
The City Council of the City of Palo Alto and the Planning and Transportation
Commission met on this date in the Council Chambers at 6:03 p.m.
COUNCIL MEMBERS
Present: Beecham, Burch, Cordell (arrived at 6:40 p.m.), Freeman,
Kishimoto, Kleinberg, Morton, Mossar, Ojakian
PLANNING & TRANSPORTATION COMMISSIONERS
Present: Burt, Cassel, Garber, Holman, Lippert, Sandas
Absent: Bialson
1. Joint Meeting with Planning and Transportation Commission (P&TC)
A. Action Plan from Mayor’s Retail Attraction Committee
City Attorney Gary Baum said there were two issues which might result in
conflicts, wireless communications and the Stanford Shopping Center;
however, staff had figured out a system of handling them which would allow
a majority of the Council and the Planning and Transportation Commissioners the opportunity to participate.
Council Member Mossar asked whether the body was prevented from
bringing up the issue of wireless communications.
Mr. Baum said yes they were. Three of the Council Members were conflicted
on wireless issues, which was not central to the discussion that evening.
Mayor Burch presented a brief introduction, overview and history of the
Action Plan of the Retail Attraction Committee (RAC). He said the goal of the
RAC was to identify and examine policies and administrative actions
appropriate to enhancing Palo Alto’s retail sales tax base by attracting the
right mix of new retail businesses to the City.
Roxy Rapp said retail concerns indicated Palo Alto was not perceived as a
business friendly environment by retailers, nor were they actively courting
retailers the way other major cities did. Sales tax revenues were off by 27
percent or $6.7 million over the past five years due to the economy, the loss
of jobs, and competition from the surrounding cities.
Director of Administrative Services Carl Yeats said the major sectors that
made up Palo Alto’s sales tax base were department stores, miscellaneous
retail apparel stores, office and equipment supplies, auto sales, restaurants
and business services. Since 2001, Palo Alto’s sales tax by economic sector had been relatively flat. Sales tax dollars were the single largest source of
12/12/2005 100-4
revenue in the General Fund, and was how the City provided services in the
community.
Council Member Beecham said one obstacle was competition from
surrounding cities and from around the Bay. New businesses have indicated
Palo Alto’s unfriendliness in contrast to other cities, and there was a sense
that some of the out-of-town landowners had an overly optimistic
understanding of rental rates in Palo Alto. The RAC’s objective was to discuss
ways to attract and retain appropriate retail in the City.
Annette Glanckoff identified key issues, actions, responsible parties and the
timeframe of the Mayor’s RAC Action Plan. The key issues included actively working to attract and retain local businesses, and continue business
outreach visits to sales tax generators and neighborhood-serving businesses.
Council Member Mossar stated she would not participate in the item referring
specifically to Stanford due to a conflict of interest because her husband was
employed by Stanford University.
Planning and Transportation Commissioner Phyllis Cassel said she would not
participate in the item referring specifically to Stanford due to a conflict of
interest because her husband was employed by Stanford University.
City Manager Frank Benest said there were two areas related to Stanford
which needed to be brought forward while the conflicted parties were out of
the room.
Ms. Glanckoff said one key issue involved exploring ways to help both
Stanford and Town and County Shopping Centers become more competitive
while focusing on the immediate needs of the centers for ingress and egress,
traffic lights, and access to the centers from Cal train or downtown.
Council Member Freeman asked whether there were any statistics on
Stanford’s sales tax generation and did it decrease an equivalent percentage
of the overall sales tax previously mentioned.
Mr. Yeats said when the Stanford Shopping Center (Shopping Center) was
tracked against other regional shopping centers the total sales tax dollars
generated declined while their competitors had picked up their exact loss.
Council Member Freeman asked for the difference in percentage.
Mr. Yeats said individual sales tax dollar values were confidential. He did not
have the percentage.
12/12/2005 100-5
Council Member Freeman said the Shopping Center was a beautiful
destination location and should not be compared to Santana Row or Valley
Fair.
Mr. Yeats said that was correct. The thought of the RAC was to enhance and
expand upon something that was already successful.
Council Member Freeman asked whether the Shopping Center was the
largest generator of the total sales tax dollars.
Mr. Yeats said it was and, in the past, when staff tracked the Shopping
Center’s growth it was the leading mall in the Bay Area. Palo Alto had now experienced direct competition with Santana Row and Valley Fair.
Mr. Benest said discussions with the RAC centered on how to take a well
performing asset and help it improve.
Council Member Freeman said perhaps the focus should shift from the
Shopping Center, which was doing well, had a good management company,
and was thriving, to the areas which needed attention, such as Downtown
and California Avenue.
Council Member Kishimoto asked whether the RAC was considering a mixed
use approach in looking at the Shopping Center, or the dream team concept
of bringing the Shopping Center and downtown together.
Council Member Beecham said the RAC did not discuss what to do about the
Shopping Center; however, the sentiment was Palo Alto had an asset whose
revenues had declined, whose market share in the Bay Area had been taken
by others, and staff had begun open discussions of what could be done.
Mr. Benest said there had been preliminary discussions regarding a
connection between the Shopping Center and the Caltrain Station.
Council Member Kishimoto said traffic continued to be a top concern of the
City.
Vice Mayor Kleinberg referred to the graph of major sales tax and 10-year
history and asked whether the line referring to office equipment and
manufacturing related to the Stanford Research Park (SRP).
Mr. Yeats said it was a combination of several retailers including Fry’s
Electronics, the SRP, as well as other locations.
Vice Mayor Kleinberg asked how much related to the SRP.
12/12/2005 100-6
Mr. Yeats said it was not a high percentage. It had grown it terms of
business-to-business, but it was the majority of one sales tax generator.
Vice Mayor Kleinberg asked whether the City worked with the SRP
businesses for point of sale business-to-business.
Mr. Yeats said yes.
Vice Mayor Kleinberg concurred with the points made by her colleagues. She
said the mix found at the more upscale malls was specifically designed for a
certain clientele. She commented Santana Row had a hotel which
encouraged longer stays and more shopping. She was unsure whether the RAC could encourage a hotel on the Stanford campus or establish a
relationship between the hotels on El Camino Real that were near the
Shopping Center. She asked whether there was any relationship with the
City and the Shopping Center management regarding retail decisions.
Manager of Economic Resources Susan Arpan said the City had worked
closely with the Shopping Center; however, Simon Property Group made the
retail decisions.
Vice Mayor Kleinberg asked for details about the relationship between the
City and the Shopping Center.
Ms. Arpan said the RAC had met with the Shopping Center’s management
through Simon Property Group (SPG), had arranged additional meetings with
their regional representative, discussed ways in which to work together to do
outreach and determine what was going on in the downtown area.
Vice Mayor Kleinberg asked what specifically did staff do with respect to the
Shopping Center.
Mr. Benest said he recently sent a letter to the SPG suggesting if they were
going after any retailers, the RAC would form a red team to help with
facilitation. In addition, the City had a long term relationship with the
Shopping Center regarding particular community events, which would continue.
Vice Mayor Kleinberg suggested a holiday shuttle to transport people
between the Shopping Center and the downtown retailers, as a joint
promotional effort.
Planning and Transportation Commission Chair Patrick Burt said he hoped for
a long term plan to build a hotel community instead of just one possible
location for a hotel. Palo Alto, Stanford University, and the Shopping Center
represented a great regional attraction. He suggested the development of a
visitor’s bureau as an action item for the RAC.
12/12/2005 100-7
Planning and Transportation Commission Vice-Chair Karen Holman asked
whether there been any consideration to help the businesses, who had left
the Shopping Center to relocate to the downtown area.
Ms. Arpan said it depended on the specific circumstances, but staff had
worked with a few businesses to relocate to Town and Country. Staff did not
normally work with the businesses at the Shopping Center unless they were
made aware of the desire to relocate.
Vice-Chair Holman asked whether it was possible to enhance that
communication.
Ms. Arpan said yes. Staff regularly met with businesses at the Shopping
Center to make sure they received what they needed.
Planning and Transportation Commissioner Lee Lippert asked whether the
RAC looked at the traffic impacts on Sand Hill and Alpine Road
improvements, which may have contributed to the declining sales at the
Shopping Center.
Mr. Benest said the decline in sales tax dollars was the result of the economy
and neighboring competitors, and started before the road improvements.
Ms. Glanckoff said other key issues of the Mayor’s RAC included: 1)
proposed actions that would limit housing on certain industrial and
commercial sites as part of the Zoning Ordinance Update (ZOU) which were
appropriate for retail; 2) develop the California Avenue Area Development
Association (CAADA) master plan and adopt suitable elements of the
downtown model; and 3) support the Downtown Business Improvement
District (BID) and other business associations in marketing retail. The City
had added content to its website to attract and support businesses in Palo
Alto, and staff anticipated specific incentives to assist businesses in
improving their façade through a Façade Improvement Program or the use
of redevelopment monies for businesses on El Camino Real. The RAC agreed
on the need for more accurate data about businesses in Palo Alto; however, the need for a business registry was controversial. If a plan came forward to
raise revenue it would be considered a tax and required a vote of the people.
Council Member Beecham said Fry’s Electronics was a major single
component of the sales tax dollars and provided a lot of services to the
residents and the SRP community. The RAC did discuss developing a
strategy for the retention and/or expansion of Fry’s in Palo Alto. One issue
noted in previous meetings with businesses in the SRP was the fact they
were research and development (R&D) companies, and did not typically
have sales offices. He believed it would be useful to have a dedicated
12/12/2005 100-8
program that found ways of pulling R&D operations into Palo Alto for sales
tax revenues.
Council Member Kishimoto understood the area around Fry’s Electronics
(Fry’s) was designated for housing. She asked whether there would be any
clarification of looking at the entire 14 acres or just the part that was
occupied by Fry’s Electronics.
Council Member Beecham said Fry’s location was zoned to revert to housing
by 2018. There was the possibility of relocating Fry’s prior to that time
through the Redevelopment Agency (RDA) or another mechanism.
Council Member Kishimoto agreed the City could do a better job of
communicating and supporting retail businesses. Although the RAC’s focus
was on retail, it was important for the City to study the overall revenue
sources.
Council Member Morton said it was important to realize a good part of the
sales tax revenue in Palo Alto was due to the admirable employment levels.
Council Member Freeman said although continuing sales tax revenues were
needed to fund community libraries and other services, one should keep in
mind Palo Alto was not San Jose. She suggested the RAC seek out the retail
sectors that fit the City profile, as opposed to just accepting those
businesses that wanted to locate in Palo Alto. She encouraged a follow-up
from the visits to the retail companies with periodic reports to the Council.
Planning and Transportation Commissioner Daniel Garber said it was
important to recognize in the follow-up report the strengths Palo Alto had for
any retailer. He suggested a supplement under the five elements to capture
the enhancement of the existing streetscape, cleanliness and use.
Commissioner Lippert asked whether parking impacts had been detrimental
to Downtown during the building of the two parking garages, and whether
valet parking had a negative impact on downtown businesses. He wondered
if there was a way to leverage curbside parking into metered spaces in order to generate more revenue.
Chairman Burt said the P&TC had a brief discussion regarding a metered
parking plan through a study session and asked staff to agendize such a
discussion.
Mayor Burch expressed his appreciation to the RAC for their work.
NO ACTION REQUIRED.
12/12/2005 100-9
ORAL COMMUNICATIONS
Karen White spoke regarding the Retail Committee.
Roger Smith, 270 Tennyson Avenue, spoke regarding the Stanford Shopping
Center, the hotel tax, and venture capitalists locating to Palo Alto.
CONSENT CALENDAR
Council Member Beecham registered a no vote on Agenda Item No. 4.
Council Member Mossar registered a no vote on Agenda Item No. 4.
Council Member Mossar said the recommendation in the staff report
(CMR:453:05) for Agenda Item No. 2 was unclear. She asked whether staff’s
recommendations were in opposition to the Policy and Services (P&S)
Committee recommendation or were they complementary.
Mr. Benest said staff’s recommendation was complementary to that of the
P&S Committee.
Council Member Mossar asked whether staff’s recommendation was
redundant or were they asking for something different from the full Council.
Mr. Benest said staff was asking for something different.
Council Member Mossar asked the City Attorney what was meant by an
affirmative vote on Item No. 2.
City Attorney Gary Baum said it meant the Council would approve the City
Manager’s response to the audit recommendations.
MOTION: Council Member Mossar moved, seconded by Freeman, to pull
Agenda Item No. 2 to become 19A.
Aram James spoke regarding agenda item number 4. He expressed support
for the adoption and resolution of the creation of a Federal Department of
Peace.
Shauna Wilson, Chair Human Relations Commission, spoke regarding agenda
item number 4. She said the Human Relations Commission (HRC)
unanimously voted to pass a resolution for a Federal Department of Peace.
She urged the Council to forward to Congresswoman Eshoo and State
Senators Boxer and Feinstein the encouragement to sign on to the
Legislation before the U.S. Senate and U.S. Congress a Department of Peace
on the Federal level.
12/12/2005 100-10
Mike Abkin, 177B Everett Avenue, spoke regarding agenda item number 4.
She expressed support for the resolution.
Ramola Georgia, 3445 Tippawingo Drive, spoke regarding agenda item
number 4. She urged to Council to vote in favor of the resolution.
Samina Faheem Sundas, spoke regarding agenda item number 4. She
expressed support for the creation of a Federal Department of Peace and
urged to the Council to approve the resolution.
Phil Plymale, Chapter Chair of SEIU Local 715, spoke regarding agenda item
number 7. He expressed appreciation for the outcome from labor negotiations related to hourly workers.
MOTION: Council Member Morton moved, seconded by Ojakian, to approve
Item Nos. 3 through 13 on the Consent Calendar.
2. Policy and Services Committee (P&S) Recommendation Regarding
Council Review of Responses to Audit Report Recommendations on
Restructuring Efforts and Management Span of Control
3. Policy and Services Committee (P&S) Recommendation to Adopt the
City Attorney/City Manager Code Enforcement Approach
4. Resolution 8574 entitled “Resolution of the Council of the City of Palo
Alto Supporting the Creation of a Federal Department of Peace”
5. Resolution 8575 entitled “Resolution of the Council of the City of Palo
Alto Declaring Weeds to be a Nuisance”
6. Resolution 8576 entitled “Resolution of the Council of the City of Palo
Alto to Adopt a Memorandum of Agreement for SEIU Represented
Hourly Personnel Amending the Merit System Rules and Regulations
and Adopting a New Compensation Plan for Represented Hourly
Employees (SEIU Hourly Unit)”
7. Resolution 8577 entitled “Resolution of the Council of the City of Palo
Alto Adopting a Compensation Plan for Limited Hourly Personnel”
8. Ordinance 4887 entitled “Ordinance of the Council of the City of Palo
Alto to Convert Four Public Employee Retirement System (PERS)
“Exempt” Hourly Positions to SEIU Classified Positions”
9. Approval of a Contract with Hung Minh To in the Amount of $328,000
for Parking Lot R Supplemental Lighting Project - Capital Improvement
Program Project PE-95030
12/12/2005 100-11
10. Resolution 8578 entitled “Resolution of the Council of the City of Palo
Alto Declaring the Results of the Consolidated General Municipal
Election Held on Tuesday, November 8, 2005”
11. Resolution 8588 entitled “Resolution of the Council of the City of Palo
Alto Authoring the City Manager to Execute Certain Documents for the
City of Palo Alto Under the Settlement Agreement and Master Water
Sales Contract with San Francisco When the City Acts as a Suburban
Representative”
12. Resolution 8579 entitled “Resolution of the Council of the City of Palo
Alto to Adopt the 2005 Urban Water Management Plan”
13. Ad Hoc Committee Recommendation on Selection of Parks and
Recreation Commission Applicants for Council Interview
MOTION PASSED 9-0 for items 3, 5-13.
MOTION PASSED 7-2 for item 4, Beecham, Mossar no.
Council Member Beecham spoke regarding his no vote on Item No. 4. He
had previously indicated he would not vote on issues that were not
implemented within the City, but it was not an indication of whether he
approved or disapproved the issue.
Council Member Mossar spoke regarding her no vote on Item No. 4. She said
her no vote was aligned with Council Member Beecham’s comments.
Mayor Burch said he voted yes on Item No. 4 because he believed it was
something everyone had to stand for. He respected the decisions of his
colleagues.
PUBLIC HEARINGS
14. Resolution 8580 entitled “Resolution of the Council of the City of Palo
Alto Adopting a Palo Alto Annex to “Taming Natural Disasters”, a Multi-
Jurisdictional Local Government Hazard Mitigation Plan for the San
Francisco Bay Area, prepared by the Association of Bay Area
Governments (ABAG).”
Council Member Mossar questioned the timeline for approval of the Local
Hazard Mitigation Plan (LHMP).
Chief Building Official Fred Herman said there was no specific deadline for
approval. The only stipulation was if a disaster occurred and the City became
eligible for grant funds from the Federal Emergency Management Agency
(FEMA), those funds would not be available until a LHMP was in place.
12/12/2005 100-12
Council Member Mossar asked whether the Council could approve the
document that evening and ask that it return to the Council in amended
form in the ensuing months.
Mr. Herman said yes. The LHMP must be reviewed and potentially updated
annually with a full plan adoption every five years.
Assistant City Manager Emily Harrison asked whether the item would go to
the P&S Committee for an in depth discussion or to the full Council.
MOTION: Council Member Mossar moved, seconded by Morton, to approve
the following actions: 1) Conduct a public hearing regarding the Local Hazard Mitigation Plan (LHMP); and 2) Adopt a Resolution approving the Palo
Alto Annex to the regional LHMP prepared by the Association of Bay Area
Governments (ABAG) to return to Council within six months for an in depth
conversation with the Mayor, Vice Mayor and staff to determine the
appropriate review.
Council Member Mossar stipulated the Mayor, Vice Mayor and staff would
determine the appropriate mechanism for review of the document, but it
would return to the full Council within six months for reconsideration.
Council Member Morton expressed support for the motion.
Public hearing was opened and closed with no speakers.
MOTION PASSED 9-0.
15. Consideration of the Police Chief’s Request for Funding Frontline Law
Enforcement Programs.
Consider and Approve the Acceptance of Citizen Options for Public
Safety (COPS) for the Purchase of Mobile Audio Visual (MAV) Systems
for Police Motorcycles, Upgrade and Purchase of a Covert Vehicle
Tracking System, Upgrade of Light Bars for Patrol Vehicles, Upgrade of the Patrol Vehicle Program and Adopt a Budget Amendment Ordinance
(BAO) to Appropriate COPS Funds in the Amount of $100,000 for
Deposit in the City’s Supplemental Law Enforcement Services Fund
(SLESF)
Council Member Morton believed the item was an add-on to a decision
already made.
Public hearing opened and closed with no speakers.
MOTION: Council Member Morton moved, seconded by Cordell, to approve the following:
12/12/2005 100-13
1. Acceptance of Citizen Options for Public Safety (COPS) for the
Purchase of Mobile Audio Visual (MAV) Systems for Police
Motorcycles, Upgrade and Purchase of a Covert Vehicle Tracking
System;
2. Upgrade of Light Bars for Patrol Vehicles, Upgrade of the Patrol
Vehicle Program; and
3. Ordinance 4888 entitled, “Ordinance of the Council of the City of
Palo Alto Amending the Budget for Fiscal year 2005-06 to Accept
Grant funding from Citizens for Public Safety (COPS) in the Amount
of $100,000 in the Supplemental Law Enforcement Services Special revenue Fund (SLESF) for Purchase of Mobile Audio Visual (MAV)
Systems for Police Motorcycles, Upgrade and Purchase of a Covert
Vehicle Tracking System, Upgrade of Light Bars Patrol Vehicle, and
Upgrade of the Patrol Vehicle Program”
MOTION PASSED 9-0.
16. Ordinance 4889 entitled “Ordinance of the Council of the City of Palo
Alto to Adopt an Ordinance Amending Chapter 18.65 of Title 18 for the
Purpose of Allowing the Auto Dealership Overlay Zone (Combining
District) in Two Limited Manufacturing (LM) Districts Located on the
East and West Side Adjacent to Highway 101 at the San Antonio
Interchange”
Council Member Mossar said the ordinance referred to the Baylands Master
Plan (BMP) and the Site Assessment and Design Guidelines, which was not
included in the Council’s Packet. She requested, and was provided, a copy of
the document in draft form, which the Council had not seen before nor
approved. She requested the item be continued to a date certain.
Mayor Burch said he was comfortable letting the public speak that evening
and then defer the item to another date.
Public Hearing opened at 7:40 p.m.
Edward Freiberg, 726 E. Charleston Road, urged to Council to preserve and
enhance aspects of the community that continued the quality of life in Palo
Alto. He expressed opposition to the proposed plan.
Sheri Furman, 3094 Greer Road, asked the Council to exempt the whole
West Bayshore Road frontage area from the ordinance since it backed up
onto residential housing. She also asked the Council to reconsider whether
the Municipal Services Center (MSC) was an appropriate location for an Auto
Dealership (AD) because the area was being utilized by bicyclists and
pedestrians.
12/12/2005 100-14
Betsy Allyn, Willmar Drive, believed development along the San Antonio/
Charleston/Arastradero Corridor on West Bayshore Road would further
impact the traffic congestion. She expressed opposition to the proposed
plan.
Emily Renzel, 1056 Forest Avenue, believed the AD initiative by the Council
was not well thought out. She hoped the Council would be protective of the
Baylands resources.
Deborah Ju, 371 Whitclem Drive, expressed surprise at the inclusion of an
AD at San Antonio Road and Highway 101 when the only site discussed with specificity was the MSC.
Bob Moss, 4010 Orme Street, said he found some of staff’s
recommendations inconsistent. While they suggested not putting auto
dealerships at Embarcadero Road and Highway 101, there were already two
auto dealerships there. If the Council chose to move forward, he suggested
the Light Manufacturing (LM) zone be taken out of the Auto Dealership (AD)
overlay zone.
Penny Ellson, 513 El Capitan Place, said she was confused by the language
of the ordinance in the staff report (CMR:425:05), and asked whether the
Council would request staff to include a map or list of parcel numbers or
addresses which would specify the affected area. While she did not argue
that an auto dealership should not be in South Palo Alto, she did argue it
was uncertain whether there would not be environmental impacts in South
Palo Alto and would be at Embarcadero Road. She would like the same set of
standards applied at both locations.
MOTION: Council Member Mossar moved, seconded by Cordell, to continue
the discussion of this agenda item to January 30, 2006.
Council Member Kishimoto asked when Council would consider the future
vision for East Meadow Circle, and whether it was appropriate to keep the
AD overlay.
Mayor Burch asked his colleagues to submit questions to staff in writing.
MOTION PASSED 9-0.
COUNCIL MATTERS
17. Mayor Burch to Appoint Blue Ribbon Task Force for the Police Building
12/12/2005 100-15
Mayor Burch said he appointed a Blue Ribbon Task Force at the direction of
the Council. Council Members Cordell, Ojakian and himself assisted in the
process.
Council Member Ojakian said the Blue Ribbon Committee (Committee) used
a criteria-based method in selecting people on which emphasis was placed
on activity in a particular community group. He and former Mayor Lanie
Wheeler had conducted a site visit to a police building in the Bay Area,
discussed the tentative agenda, and met with City management. The intent
was to begin meeting in early January 2006, with a report for Council’s
consideration in early July 2006.
Council Member Cordell said the selection of individuals was sought to be a
balanced one, including persons from law enforcement, and those of color.
The agenda of the Task Force was to determine whether or not there was a
need for a new police building, and, if so, what the need were, the cost, and
the proposed location.
City Attorney Gary Baum said under Government Code Section 54952(b), all
Committee meetings were open to the public, as well as the sub-committee
meetings.
Herb Borock expressed his appreciation to Council Member Cordell and the
City Attorney for clarifying his concerns that the Committee was not being
asked to arrive at a pre-selected answer, and the Committee meetings were
subject to the Brown Act. He anticipated receiving an independent analysis
and recommendation from the Committee.
Council Member Freeman asked for clarification of how the Committee
meetings would be noticed and if they would they be noticed in the Palo Alto
Weekly.
City Clerk Donna Rogers said the Council meetings were the only ones
required to be published in the Palo Alto Weekly. She requested that notice
of the Committee meetings be posted at the library and included in the
Council packet.
Council Member Freeman suggested posting the Committee meeting notice
and agenda on the City’s website. She expressed concern about the name
Blue Ribbon Committee for Police Building, and to further emphasize the
independence by modifying the name to Blue Ribbon Committee to
Determine the Need for the Police Building. She asked why Dick Placone,
who was a member of the Grand Jury when the report was developed for the
City, who lived in Palo Alto, and had background in the area, was not
selected for participation.
12/12/2005 100-16
Council Member Cordell said the process involved discussion of all the
names, including Mr. Placone’s. The Police Building Committee looked at the
needs and types of experience. They were concerned about having people
who could be as fair as possible and had not staked out a position.
MOTION: Vice Mayor Kleinberg moved, seconded by Mossar, to approve the
Mayor’s recommendation to the Police Building Blue Ribbon Committee.
MOTION PASSED 9-0.
Council Member Morton suggested under the financing approach, the
Committee also include the potential impact on other facility needs in the community.
17a. Colleagues Memo from Vice Mayor Kleinberg and Council Members
Cordell and Mossar re Report and Recommendations of Ad Hoc
Committee Regarding Police Review Functions
Council Member Cordell said three members of the Ad Hoc Committee
appointed by the Mayor met and discussed the two issues before them: the
proposed Independent Review of Internal Investigations and Citizen
Complaints Panel; and the proposed Independent Panel of Experts.
Preliminarily, in no way did the recommendations reflect adversely upon the
Police Department, the Police Chief, or the City Manager. She asked on
behalf of the Ad Hoc Committee that the recommendations be adopted by
the Council.
MOTION: Council Member Cordell moved, seconded by Morton, to approve
the following recommendations:
1. The City Council not adopt the proposed Independent Review Panel.
2. The City Council directs the City Attorney, City Manager, and Police
Chief together to explore the hiring of an Independent Police Auditor to
review internal investigations and citizen complaints where allegations
of police misconduct were raised. When exploring this model, they consider the implementation of a pilot program in which an
Independent Police Auditor is retained for a one-year period, on an as-
needed basis. They will evaluate the projected costs for such a
program. (In light of the fact that fewer than three or four such
investigations are undertaken annually, it is anticipated the cost to the
City of retaining an Independent Police Auditor will not be substantial.)
This inquiry may include a determination of whether or not a change in
the Palo Alto City Charter is warranted.
3. The City Attorney, City Manager and Police Chief will submit a written
report to the City Council within 90 days.
12/12/2005 100-17
4. The City Council will hold a Study Session in early 2006, where there
would be a discussion of the following: 1) the legalities of City Council oversight of police policies and procedures; 2) whether or not there
should be any Council oversight of police policies and procedures; and
3) if there is to be such oversight, the extent of that oversight.
Council Member Morton expressed support for the work of the Ad Hoc
Committee and the consideration given to staff.
Aram James applauded the Committee’s recommendation not to adopt the
proposed Independent Review Panel, but did not understand the directive to
have the City Manager and Police Chief explore the hiring of an Independent
Police Auditor. He was opposed to the recommendation to adopt the
proposed Independent Panel of Experts and encouraged the Committee to rethink some of their recommendations.
Council Member Ojakian asked who would conduct the hiring of an
Independent Police Auditor and who would that person report to.
Council Member Cordell said the Committee was asking the City Attorney,
City Manager and Police Chief to determine the process, and where such a
person would be positioned in the City. The answers would come from
looking at a model that already existed.
Council Member Ojakian said the intent was to develop a concept not to say
how it would be.
Council Member Cordell said the idea was to look at existing models in cities
where it had worked or had not worked, and return to the Committee with
recommendations to bring before the Council.
Council Member Ojakian asked whether the Council could hire an
Independent Police Auditor.
City Attorney Gary Baum said based on staff’s initial analysis, a Charter
Amendment was needed in order to have an actual Police Auditor.
Council Member Ojakian clarified the matter would end up on the ballot.
Mr. Baum said that was correct.
Council Member Ojakian asked whether the people doing the hiring had an
idea of when the Police Auditor would be in place.
Mr. Baum said the election could not be any sooner than November 2006.
Council Member Ojakian asked what would be done in the interim.
12/12/2005 100-18
Council Member Morton said he believed nothing was being proposed. Staff
was being asked to explore the possibility of utilizing a Police Auditor and
bring back a report.
Council Member Ojakian believed the hiring of the Police Auditor would
require a Charter Amendment, which would take a period of time. He
expressed concern the Police Department had lost a number of top police
officers during the last several months. He asked whether the possibility
existed for the City Manager to conduct an anonymous survey of police
personnel to determine the state of the morale.
Council Member Freeman said the City had an independent Council
Appointed Officer (CAO) with no relationship with the Police Department or
the City Manager, and wondered whether the City Auditor would be the
independent body to conduct the research.
Council Member Morton expressed his support for the motion.
Council Member Kishimoto asked whether the Committee had considered
including the City Auditor in the proposed Independent Review Panel.
Council Member Cordell said the Committee did discuss including the City
Auditor; however, two issues arose: 1) the Committee wanted the City
Manager, Police Chief, and City Attorney because they were well versed in
the area, and had more experience; and 2) it was unclear whether the City
Auditor could be privy to certain information and files.
Council Member Kishimoto agreed the body of three were most
knowledgeable about the Police Department, but the issue involved an audit
process.
Council Member Cordell said it was not just an auditor, but a Police Auditor
with very different responsibilities.
Council Member Kishimoto concurred with Mr. James’ previous recommendation to explore the Police Resources Assessment Center in Los
Angeles. She suggested the Committee look at that option and expressed
support for the motion.
Vice Mayor Kleinberg said the Committee was aware of models where the
Police Auditor was not independent, such as San Jose. In the interim of a
possible vote in November 2006, there was already a process in place which
would continue until the Committee was convinced there was something that
should be done. The recommendation had asked for a study session where
the Council would be engaged and educated in the various models and
opportunities to enhance police protection and activities within the
12/12/2005 100-19
community. The Committee would disband after the vote that evening. They
had confidence in the body of three to bring back the needed information.
Council Member Freeman believed the City Manager, Police Chief and police
force would appreciate the proposed process. If the department looked at it
from a positive perceptive, it was a good thing to do.
MOTION PASSED 8-1, Ojakian no.
Council Member Ojakian expressed concern the Committee had not taken
into consideration input from the police force. He asked whether an
anonymous survey of police personnel could or should be conducted.
City Manager Frank Benest said in terms of providing feedback on the
proposal, staff would consider how to provide perspectives from the Police
Department and its personnel. The Police Department believed the problem
should be addressed incrementally. Staff was directed to put together a
report with an objective look at the legal, financial, and governance issues.
Council Member Ojakian said on the one hand the public had the right to vet
issues in public about police services and, on the other hand, it is necessary
to make sure police officers were content and doing a good job. He asked
whether any sort of survey of the officers had been conducted, and was
there anything prohibiting one being done.
Mr. Baum said no. Measuring moral was difficult, while measuring responses
to proposals or policies would be more practical.
MOTION: Council Member Ojakian moved to direct the City Manager to
conduct a survey of police personnel to get an understanding of their
perspective of current policies and practices related to their jobs.
MOTION FAILED FOR LACK OF A SECOND
Vice Mayor Kleinberg asked for clarification of a statement made by the City
Manager regarding an analysis of how the Police Department felt about this option.
Mr. Benest said in addition to an objective report on the legal, financial, and
governance issues, the Council would receive the professional judgment of
the staff.
Vice Mayor Kleinberg recalled a comment about having the report be a part
of, and reflect how, the Police Department felt about this option. She
believed the Council wanted to learn what it could, what options were
available, and possibly pursue an alternative.
12/12/2005 100-20
Council Member Cordell said if such a survey was conducted, it would not set
a good precedent for the City. She asked the City Attorney, City Manager,
and Police Chief not to make the survey of police personnel a part of the
inquiry.
REPORTS OF COMMITTEES AND COMMISSIONS
18. Recommendation to Approve Contract Change and Salary Adjustments
for City Auditor Sharon Erickson and City Clerk Donna Rogers
MOTION: Council Member Mossar moved, seconded by Beecham, to adopt
the following recommendations of the Ad Hoc CAO Committee; 1) that the
basis for calculating vacation accrual for both Erickson and Rogers be
changed to total years of PERS service; 2) that Sharon Erickson receive a $2,000 incentive award in recognition of her outstanding performance; and
3) that Erickson and Rogers each receive a 2 percent salary adjustment.
MOTION PASSED 9-0.
REPORTS OF OFFICIALS
19. Authorization for the City Manager to Enter Into Discussions with the
Palo Alto Unified School District (PAUSD) on Constructing a 2.5 Million
Gallon Underground Emergency Water Reservoir, Pump Station and
Well at Palo Alto High School Pending the 8-Hr Emergency Water
Supply Project Environmental Impact Report Process
Council Member Mossar stated she would not participate in the item due to a
conflict of interest because her husband was employed by Stanford
University.
Council Member Cordell stated she would not participate in the item due to a
conflict of interest because she was employed by Stanford University.
Council Member Freeman asked whether her employment as a substitute
teacher for the Palo Alto Unified School District (PAUSD) precluded her from
participation.
City Attorney Gary Baum said under the regulations of the Political Reform
Act of the Fair Political Practices Commission (FPPC), income from another
governmental entity was not deemed to be a conflict. Should the Council
enter into a contract with the PAUSD, Council Member Freemen could not
participate under Government Code Section 1090.
Council Member Kishimoto asked for the source of the $600,000 for a
permanent easement and $1.8 million for a temporary construction
easement.
12/12/2005 100-21
Interim Assistant Director for Utilities Engineering Tomm Marshall said those
numbers came from an appraisal done through the City’s real estate office.
The temporary easements had a higher rent value on the land because once
the reservoir was completed, it would be underground causing less impact
on the operations of the school, and having a lower value.
Council Member Kishimoto asked whether it was the highest and best used
type of analysis.
Mr. Marshall said the easements would have less impact on the use of the
property in the future. Once the reservoir was in place, the use would remain a field.
Council Member Kishimoto asked how long the construction would last.
Mr. Marshall said approximately 20 months.
MOTION: Council Member Kishimoto moved, seconded by Morton, to
authorize the City Manager or his designee to enter into discussions with the
Palo Alto Unified School District on constructing a 2.5 million gallon
underground emergency water reservoir, pump station and well at Palo Alto
High School (Paly), as part of identifying preferred sites for study in the 8-
hour Emergency Water Supply Project Environmental Impact Report (EIR)
process.
Council Member Morton said the easement had to be appraised and valued.
He asked since Stanford would benefit from the emergency water supply
project, would it be possible they might grant the easement at less than the
fair market value assuming there was nothing preventing them from doing
so.
Mr. Marshall said that was correct. Most of the reservoir would be on the
school owned portion of the site.
Council Member Freeman asked whether there were alternative options other than El Camino Park.
Assistant City Manager Emily Harrison said other potential reservoir sites
under consideration were listed on Page 2 of the staff report (CMR:454:05).
Council Member Freeman said an answer to Council Member Kishimoto’s
question was it would be in addition to El Camino Park. She asked whether
that was correct.
Ms. Harrison said staff’s intent would be to come up with a preferred site and
alternative sites for the Environmental Impact Report (EIR). It was not to
say Palo Alto High School (Paly) would be the site for the reservoir. It was to
12/12/2005 100-22
get Council’s approval to move forward with the PAUSD to find out if they
were open to partnering with the Paly site.
Council Member Freeman expressed concern about the Paly site for the
emergency water supply project. At Stanford University, the water storage
tanks were on a hill to take advantage of gravity for necessary use of the
tanks, and were not submerged underground.
Mayor Burch said what was before the Council was whether to authorize the
City Manager to enter into discussions with the PAUSD not for the Council to
explore preferred sites.
Council Member Freeman expressed opposition to the motion. The Paly site
did not take advantage of gravity and would require the pump station to be
located on the site. If anything went wrong with the underground reservoir,
it would cause disruption to the school. The disruption site was a large area
that separated the playing fields and other areas from the rest of the school.
There were other options including the Stanford Shopping Center or working
with Stanford University versus PAUSD for a location that took advantage of
gravity.
MOTION PASSED 6-1 Freeman no, Cordell, Mossar not participating.
Vice Mayor Kleinberg clarified her vote did not indicate support for the site.
It was to allow staff to conduct exploration for a site.
19a. (Formerly Item 2) Policy and Services Committee (P&S)
Recommendation Regarding Council Review of Responses to Audit
Report Recommendations on Restructuring Efforts and Management
Span of Control
MOTION: Council Member Mossar moved, seconded by Kleinberg, to
accept the recommendation of the Policy and Services Committee that staff
return to the full Council prior to the 2006 budget process with Restructuring
Efforts and Management Span of Control, Items 2, 3 and 5.
Vice Mayor Kleinberg concurred with the previous comments made by
Council Member Mossar.
Council Member Kishimoto clarified prior to the budget when staff brought
the matter back to the Council, they would not have the City Manager’s
response to review.
Council Member Mossar said the City Manager’s response would be a part of
the discussion, but her intention was not to accept those responses but
include them as part of the discussion.
12/12/2005 100-23
Council Member Freeman expressed support for the motion. She inquired if
the audit report returned to the Council prior to the next budget, how should
comments be made.
Council Member Mossar said nothing prevented the Council from making
comments in writing. She believed it was a referral to a future discussion.
Council Member Freeman said her concern was the Council would get the
report without any comments from the Council. She did recall the P&S
Committee agreed go forward with the recommendation.
MOTION PASSED 9-0.
THE CITY COUNCIL ADJOURNED TO A SPECIAL MEETING AS THE PALO ALTO REDEVELOPMENT AGENCY AT 9:08 P.M. AND
RECONVENED AS THE CITY COUNCIL AT 9:10 p.m.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Mossar spoke regarding a mini-library model she recently
saw at a conference in Charlotte, North Carolina.
Council Member Freeman noted there is residue with the new blue garbage
bins. She also mentioned this is the last full Council meeting she will be
attending as a Council Member and noted her appreciation of the staff.
Council Member Kishimoto thanked Mayor Burch for his efficient job as
Mayor this year and she invited her colleagues and the public to the opening
of the Palo Alto Transit Center tomorrow afternoon at 4 p.m.
Mayor Burch thanked everyone for their support this past year while he was
Mayor.
FINAL ADJOURNMENT: The meeting adjourned at 9:20 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
12/12/2005 100-24
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.
12/12/2005 100-25