HomeMy WebLinkAbout2004-01-12 City Council Summary Minutes
Special Meeting
January 12, 2004
1. Resolution 8390 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Palo Alto Emergency Preparedness
Volunteers for Outstanding Public Service” ........................................158
ADJOURNMENT: The meeting adjourned at 6:55 p.m. .................................159
ORAL COMMUNICATIONS ........................................................................160
1. Adoption of the Mitigated Negative Declaration and Approval of the
Project Recommendations for the Mountain View/Moffett Area Water
Recycling Facility ............................................................................161
2. Approval of Appointment of Nellie Ancel as Senior Assistant City
Attorney .......................................................................................161
5. The Finance Committee recommends to the City Council to close the
2002-03 Budget and authorize reappropriation of 2002-03 funds
into the 2003-04 Budget; close completed capital improvement
projects; and transfer remaining balances to the appropriate reserves. .161
6. Public Hearing: The City Council will consider the proposed
establishment of a Downtown Business Improvement District (BID)
and levy of assessments on businesses generally located in the
Downtown Area of Palo Alto. ............................................................161
7. Council Ad Hoc Committee on Council Appointed Officers re Approval
of Job Description and Profile, and Composition of Blue Ribbon
Committee for City Attorney Recruitment ..........................................169
7A. (Old Item No. 3) Approval to Add Scope of Services to the Design of
the Mitchell Park Library and Community Center Capital Improvement
Program Project to Provide for a Space Programming Study to Improve
the Functionality at the Current Mitchell Park Library Facility ...............173
12/15/04 97-156
7B. (Old Item No. 4) Approval and Adoption of a Park Improvement
Ordinance Associated with Plans for a Native Plant Potting Area in the
City-Owned Baylands at the Duck Pond Maintenance Yard ...................175
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS ........................177
8. Conference with City Attorney -- Existing Litigation ............................177
9. Conference with City Attorney - Existing Litigation .............................178
FINAL ADJOURNMENT: The meeting adjourned at 10:15 p.m. in memory of
Mike Cullen, long-time resident of Palo Alto, a teaching fellow at Stanford
University. The meeting would also be adjourned in memory of Bill Miller, a
co-founder of the Junior Chamber of Commerce who was named Palo Alto’s
first “Young Man of the Year,” created living history of the community, and
received a lifetime achievement award from Avenidas. ................................178
01/12/04 97-157
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:47 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Morton, Mossar
ABSENT: Ojakian
SPECIAL ORDERS OF THE DAY
1. Resolution 8390 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Palo Alto Emergency Preparedness
Volunteers for Outstanding Public Service”
Police Chief Lynne Johnson said although a lot had changed in the United
States since September 11, 2001, one thing that had not changed was the
active participation of community members to get involved. In October
2003, exercises were held for a suicide bomber scenario at an office complex
in which a number of people from the community volunteered as victims.
She expressed her appreciation to the many volunteers who made the level
of realism from the exercises possible.
Fire Chief Ruben Grijalva said each and every day Palo Alto was at risk for
natural and man-made disasters. The first best line of defense was a well
educated, well prepared community. He thanked the community members
who gave of themselves and their time to become better prepared to help
their family and their neighbors during any kind of disaster. The breath and
scope of the types of emergencies Palo Alto could face were broad. They included: 1) earthquakes; 2) fires and tragedy as seen in Southern California
due to the large wild land urban area interface; 3) the potential for flooding
capability, which previously faced the community in 1998; 4) the use and
transportation of hazardous materials that was spread throughout the
community; and 5) the new threat of terrorism. He expressed his
appreciation to all of the community disaster service workers and volunteers
who helped prepare emergency responders, themselves, and the community
to deal with the many kinds of disasters.
Mayor Beecham said he was impressed with the range of volunteers who
were present that evening. They included residents from south Palo Alto,
north Palo Alto, a mother with children, and people wise with years.
MOTION: Council Member Morton moved, seconded by Kleinberg, to adopt
the resolution.
MOTION PASSED 8-0, Ojakian absent.
01/12/04 97-158
ADJOURNMENT: The meeting adjourned at 6:55 p.m.
01/12/04 97-159
Regular Meeting
January 12, 2004
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:02 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Morton, Mossar, Ojakian
ORAL COMMUNICATIONS
Wayne E. Martin, 3687 Bryant Street, spoke regarding Charleston/
Arastradero.
Ed Power, 2254 Dartmouth Street, spoke regarding good government.
Ruth Krucker, 620 Emerson Street, spoke regarding an awning damaged on
620 Emerson Street and the Farmer’s Market.
Trish Bubenik, 420 Homer Avenue, spoke regarding SOFA/PAMF park.
CONSENT CALENDAR
Council Member Freeman moved, seconded by Kishimoto, to remove Item
No. 3 from the consent Calendar to become Item 7A.
Council Member Kishimoto moved, seconded by Freeman, to remove Item
No. 4 from the Consent Calendar to become Item 7B.
MOTION: Council Member Morton moved, seconded by Kishimoto, to
approve Consent Calendar Item Nos. 1, 2 and 5.
Council Member Freeman asked whether staff had approached the federal
government for their portion of funding for the Mountain View/Moffett Area
Water Recycling Facility as a way to reduce Palo Alto’s cumulative $2.7
million share, since they were one of the largest recipient’s of the recycling
pipeline.
Director of Public Works Glenn Roberts said Moffett Field was under federal
jurisdiction. Staff had very preliminary discussions with the cities of
Sunnyvale and Mountain View about the possibility of federal funding. Staff
would continue in their efforts to attempt to get federal funding and/or
federal or state grants to reduce the share of the cost.
ADMINISTRATIVE
01/12/04 97-160
1. Adoption of the Mitigated Negative Declaration and Approval of the
Project Recommendations for the Mountain View/Moffett Area Water
Recycling Facility
Resolution 8391 entitled “Resolution of the Council of the City Of Palo
Alto Adopting a Mitigated Negative Declaration for the Mountain View-
Moffett Area Recycled Water Recycling Facility Pursuant to the
California Environmental Quality Act (03-D-07; 03-EIA-07)”
2. Approval of Appointment of Nellie Ancel as Senior Assistant City
Attorney
COUNCIL COMMITTEE RECOMMENDATION
5. The Finance Committee recommends to the City Council to close the
2002-03 Budget and authorize reappropriation of 2002-03 funds
into the 2003-04 Budget; close completed capital improvement
projects; and transfer remaining balances to the appropriate reserves.
Ordinance 4816 entitled “Ordinance of the Council of the City of Palo
Alto Closing the 2002-03 Fiscal Year, Including Transmission of the
City's Comprehensive Annual Financial Report (CAFR), Reappropriation
Requests, and Completed Capital Improvement Projects”
MOTION PASSED 9-0 for Item Nos. 1, 2 and 5.
Council Member Morton extended his complements to staff for the many
hours that went into a putting together the difficult budget.
PUBLIC HEARINGS
6. Public Hearing: The City Council will consider the proposed
establishment of a Downtown Business Improvement District (BID)
and levy of assessments on businesses generally located in the
Downtown Area of Palo Alto.
Economic Development Manager Susan Arpan said the Downtown Palo Alto
Business Improvement District (Downtown BID) was initiated in the fall of
2002 by the Downtown businesses. In December 2002, a petition was
submitted to the City Council with over 50 signatures. The Downtown BID
Advisory Board was comprised of 15 members. The Advisory Board prepared a report to the City Council, which included: 1) a recommended revised
Downtown BID budget based on projected BID revenue; 2) a recommended
method and basis for levying the assessment (cost benefit analysis); 3)
recommended improvements and activities to be accomplished with the
Downtown BID funds; and 4) recommended timeframe for initiation of the Downtown BID assessment and activities. The approval of the Downtown
01/12/04 97-161
BID was an effective tool in enhancing the economic viability of downtown. It
could assist in unifying the Downtown area and provide such activities as
enhanced Downtown maintenance, promotional events, banners and
directional markers, staff personnel to coordinate Downtown activities,
development of a business directory and information, and marketing
materials and maps to highlight Downtown businesses. A joint notice was
sent to each business about the rescheduled public meeting and public
hearing, and included a new individual assessment notice. Single- person
businesses had their assessment decreased and an exemption was put into
place for businesses that operated less than 25 percent of their time in the
Downtown BID. The Council action for that evening was as follows: 1) hold
the public hearing and hear testimony regarding the establishment of a BID
for Downtown Palo Alto; 2) listen to the report on the protests received thus
far; and if there was no majority protest, 3) consider adoption of an
ordinance establishing a Palo Alto Downtown BID and authorize the levy of
assessments in the manner described in the ordinance. Of the number of
protests received to date, there was not presently a majority protest. Staff
did receive protests from 3.7 percent of the businesses. Of those, 3.4
percent were of letter form not email and those businesses that met all the
requirements of a protest of a Downtown BID represented 1.4 percent. If the
ordinance was adopted that evening, a second reading would occur on
February 2, 2004, at which time a resolution to levy the assessment would
be presented to Council for approval. Staff anticipated the City would
contract with an outside non-profit organization (non-profit) to provide the
Downtown BID activities for fiscal year 2003-04, with an annual reauthorization at which time the Council would review the Downtown BID
activities and budget for fiscal year 2005.
Council Member Mossar clarified the annual review was the time when the
Council would consider continuing the Downtown BID. She asked whether
the Council could also consider changing the boundaries or assessment
formula during that time.
Ms. Arpan said yes. If the Council decided to change the boundaries or
increase the amount of the assessments, staff would need to follow the 45-
day noticing process.
Council Member Freeman asked what was the cost associated with
contracting with an outside non-profit for BID activities and was it budgeted.
Ms. Arpan said the traditional model for BID’s allowed for a non-profit to
contract with the City on a cost-reimbursable basis to provide BID activities.
Council Member Freeman asked what would the cost be and was it
budgeted.
01/12/04 97-162
Ms. Arpan said there would not be any cost. The annual Downtown BID
assessment would pay for whatever activities they did.
Council Member Freeman asked whether it would be an open Request for
Proposal (RFP) type process.
Senior Assistant City Attorney Nellie Ancel said in the traditional model, the
Board of Directors of the non-profit generally became the Advisory Board to
the City. It was anticipated a Downtown association would be incorporated
as a non-profit and that board would be appointed as the advisory board
that made recommendations as to what the Downtown BID would do.
Interim City Attorney Wynne Furth said it was a model of self-governance by
the BID.
Council Member Freeman asked whether the current advisory board made
up that non-profit, or how would that be determined.
Ms. Ancel said it would come to the Council as a recommendation once the
non-profit was formed. It was not a requirement, but one that other cities
used that had BID’s.
Council Member Morton asked whether any of the other cities researched
used their local Chamber of Commerce (Chamber) as the non-profit that
would provide Downtown BID activities.
City Manager Frank Benest said the Downtown BID was a much more
targeted focus for businesses and marketing Downtown as opposed to the
Chamber, which had a larger focus responding to the issues of the total
business community. He was not aware of any city where the Chamber
Board was the board for the BID. Mayor Beecham said he understood the
annual reauthorization would return to the Council in May or June of 2004.
He thought that was rather quick since the Downtown BID would not be up
and running by that time.
Ms. Arpan said because the next fiscal year began July 1, 2004, staff wanted
to return to the Council in order to be able to make any recommended
changes and complete the required 45-day notice without any lapse in the
operations of the Downtown BID.
Mayor Beecham clarified the actions the Council took that evening were for
the remainder the current fiscal year.
Ms. Arpan said yes.
Mayor Beecham declared the Public Hearing open at 7:30 p.m.
01/12/04 97-163
Bunny Good, P.O. Box 824, Menlo Park, expressed opposition to the
Downtown BID. Such an assessment served to drive up prices at a time
when the economy was struggling. She said she was a low-income shopper
and was not interested in paying to set up the BID to expend future monies
on balloons, banners, snowball parties, and sand parties just to name a few.
She saw the levy assessment as a plan to pay for Homer Tunnel, which was
proposed to be the object of a Downtown assessment in 1996, although
Planning staff declared the tunnel project of no benefit to the Downtown
area.
Stephanie Wansek, Cardinal Hotel, expressed support for the Downtown
BID. It was a priority for her that the selected board represent fairly the
diverse composition of the Downtown businesses.
Israel Zehavi, BID Advisory Board Member, 201 Hamilton Avenue, expressed
support for the Downtown BID. The Downtown Marketing Committee was a
volunteer group that had been in operation for the past 10 years. Many of
the participants in the group had put in thousands of dollars every year for
the success of downtown. He saw the Downtown BID as a benefit to
retailers, professionals, and the community as a whole.
Faith Bell, BID Advisory Board Member, 536 Emerson Street, said to-date
there had been eight formal BID outreach meetings.
Chris Storer, 536 Emerson Street, said the process of developing the Downtown BID was an exploration in the options that were open to Palo
Alto. It maintained some of the accountability and the authority of the
elected body to control it, yet it was still a grassroots effort coming from the
community.
Beth Rosenthal, BID Advisory Board Member, 550 Hamilton Avenue, said the
Council was very helpful when, at the October 27, 2003 meeting, the
Advisory Board was directed to revise the proposed fee structure to make it
fairer to small business owners and professionals. Although many
professionals and small business owners still did not support the concept of
the Downtown BID, the fact that the assessment had been lowered caused
the number and intensity of protests to diminish. She asked the Council to
issue a directive to the Advisory Board regarding the composition of the
Board of the Downtown BID, for whom by-laws were being developed. The
present Downtown BID Advisory Board had 20 percent of its representation
from the retail sector, although retail constituted only 16 percent of the
membership. The service sector consisted of 12 percent of the membership,
but only had 7 percent representation on the current Advisory Board.
Lodging was over-represented with 7 percent Board membership, while the
professional community had 29 percent representation, although it
01/12/04 97-164
constituted 59 percent of the district. She hoped in approving the formation
of the Downtown BID, the Council would direct the Advisory Board to have
the Board of the Downtown BID fairly reflect the community it served.
Bruce Gee, 261 Hamilton Avenue #311, concurred with the comments of
Beth Rosenthal. In addition, when one compared BID’s in other cities with
that of Palo Alto, the Downtown area was far from blighted or in need of
improvements. Everything was not perfect, but new construction and
businesses were taking place. He felt the benefits were strongly skewed to
businesses that had retail, restaurants, and landowners, but not to any of
the professionals.
Roxy Rapp, P.O. Box 1672, said he had only become aware of a BID in the
past year. He did research on the subject and found out that for some cities,
a BID was a wonderful idea and became successful. In other cities, BID's
were not so successful. They did not have a strong Chamber of Commerce or
strong landlords that wanted to take care of their properties. In order to
make the BID successful for Palo Alto, it first required a Downtown BID
Advisory Board to hold outreach meetings, come up with the bylaws and the
budget, sell it to the businesses and then present it the Council. He was
concerned that if the BID did not work, what would it take to dissolve it.
Norman Carroll, P.O. Box 213, expressed support for the Downtown BID.
Sunny Dykwel, BID Advisory Board Member, said the Board held numerous outreach meetings in an attempt to reach more professionals. In other cities,
the BID representation reflected the amount of money that was paid toward
the BID by certain business types.
Susan Kaplan, 550 Hamilton Avenue, said she had previously expressed
concern about the lack of adequate representation for professionals on the
Advisory Board. She believed there should be some provision for evaluation
of the Downtown BID so people could tell whether it had worked or not.
Mayor Beecham declared the Public Hearing closed at 8:00 p.m.
MOTION: Council Member Morton moved, seconded by Freeman, to
approve the staff recommendation to: 1) Hold a Public Hearing to hear
testimony regarding the establishment of a Downtown Business
Improvement District (BID); 2) Hear a report on determination of existence
of majority protest; and 3) If there is no majority protest, adopt the
Ordinance of the City of Palo Alto establishing the Downtown Palo Alto
Business Improvement District (BID) and authorizing the levy of
assessments in the manner described in the Ordinance.
01/12/04 97-165
Ordinance 1st Reading entitled “Ordinance of the Council of the City of
Palo Alto Establishing the Downtown Palo Alto Business Improvement
District in the City of Palo Alto”
Council Member Morton said if the Downtown BID was put in place now, the
Council would have the opportunity to review it in May 2004, and decide
whether to include it in the funding for 2004-05. Keeping the Downtown
area alive and vital without asking for significant dollars from the City was
worth the initial trial of the Downtown BID.
Council Member Freeman said as a liaison to the Downtown Marketing
Association she could attest to their willingness to be open to other points of
view. She expressed support for the Downtown BID.
Ms. Ancel asked staff make a final report on the determination of existence
of majority protest.
Ms. Arpan said there had not been any additional protests received. The
numbers stated at the beginning of the meeting were the same.
Mayor Beecham noted for the record the number of protests recorded fell
short of the 50 percent that would otherwise stop the process.
Council Member Kleinberg asked whether the assessment schedule was the
result of a compromise arrived at through the Advisory Committee process and was it a unanimous decision.
Ms. Arpan said the decision was a unanimous one and the Committee did
come to a compromise.
Council Member Kleinberg asked whether Mr. Gee's comments regarding the
assessment schedule were taken into consideration.
Mr. Benest said the Advisory Board took into consideration the comments
from Council, as well as put into place an assessment scheduled that
conformed to the law, other cities practices, and was sensitive to the diverse
makeup of the Downtown businesses.
Council Member Kleinberg said it was the first time she was made aware the
assessment votes were weighted votes and not one vote per business. She
asked whether weighted vote was BID law.
Ms. Ancel said yes.
01/12/04 97-166
Council Member Kleinberg said she was concerned about the ultimate
makeup of the ongoing Advisory Board and was interested in the thinking
used to support the request that the Advisory Board reflect the percentage
membership of the businesses in the Downtown BID.
Ms. Arpan said the original composition of the Advisory Board was a
beginning because the City did not have a business license tax and was
unaware of the number of businesses in each of the categories until the
process was undertaken for establishing a BID.
Council Member Kleinberg said in going forward it would be appropriate to
have a greater representation on the Board that was reflective of the
percentage of businesses being assessed. The professionals represented
almost 60 percent of those businesses; however, their representation on the
Advisory Board was the same as retail. She asked how the decision to leave
the representation of professionals as it was transpired.
Ms. Arpan said staff had looked at it in terms of the weighted membership.
Council Member Kleinberg said in looking at terms of dollars assessed rather
than population, was it typical of BID's.
Ms. Arpan said it was typical of BID's.
Council Member Kleinberg expressed support for the BID. She said Palo Alto was faced with downturns in retail revenues, and it was important everyone
did what they could to enhance the consumer environment in the Downtown
area. The BID provided a promise for making downtown more attractive.
She expressed concern about the perception of those being assessed that
the process was not a fair one; however, she believed an effort had been
made to make it fair.
Council Member Cordell asked whether the Council was bound to the
composition of the Advisory Board in terms of its representation if they
voted in support of the motion.
Mr. Benest replied no. The Advisory Board would develop its bylaws
including the composition of its members and the numbers allocated.
Council Member Cordell clarified the material before the Council was just a
draft of the composition, but when the Council voted, they were not bound
by the information contained therein in terms of the representation.
Mr. Benest said that was correct.
01/12/04 97-167
Council Member Cordell said Ms. Kaplan raised the question of how the
Council would measure the success of the BID. She asked whether it should
be a component of the motion and was it under development.
Mr. Benest said the Board would develop an action plan for the coming year,
including budget. Based upon those results it would become evident whether
the BID had done what it was intended to do.
Council Member Cordell asked whether staff had a notion about what
"success" meant in terms of the BID.
Mr. Benest said it was based on a combination of factors such as: 1) sales
tax revenues; 2) vacancy rates; and 3) participation in special activities in
addition to other group indicators in terms of hard quantitative data. There
would also be verifiable outcomes, which were related to the work plan.
Council Member Mossar expressed support for the motion. She said the
Downtown Marketing group had worked hard over the years for the benefit
of the Downtown area, and the BID process acknowledged the Downtown
Marketing Association had tried valiantly, but it was not enough. She
believed it was the City's responsibility to establish the Downtown BID.
Vice Mayor Burch expressed support for the Downtown BID.
Council Member Kishimoto expressed support for the Downtown BID. She said Downtown Palo Alto was a wonderful area but could stand to be
improved.
Mayor Beecham said there had been a question about success and how to
measure it. In his opinion, he did not believe it was possible to actively
measure the success of the BID. However, the Downtown BID could help
make the downtown attractive and emphasize what needed to be changed.
He favored the representation of the present BID Advisory Committee and
felt it was appropriate on the basis of a dollar-by-dollar representation of the
groups. He expressed his support for the Downtown BID.
Ms. Ancel said the exhibits to the Ordinance included a map of the
boundaries and the description for the methodology for the assessment,
which referenced the Resolution of Intention and included the schedule and
amounts of assessments.
Ms. Furth said the Council had previously adopted the Schedules of
Assessment and Proposal for Assessment. The Ordinance that was before
the Council that evening referenced the previous Council actions, set forth
the final boundaries included in Exhibit "A" to Attachment 4, and Exhibit "B",
01/12/04 97-168
which was a General Statement regarding the Cost-Benefit Analysis for BID
Businesses Using the Traditional Three Criteria Formula.
MOTION PASSED 9-0.
COUNCIL MATTERS
7. Council Ad Hoc Committee on Council Appointed Officers re Approval
of Job Description and Profile, and Composition of Blue Ribbon
Committee for City Attorney Recruitment
Council Member Kleinberg said any language referencing "Blue Ribbon
Committee" should read Blue Ribbon Panel. The 2003 Council Appointed
Officers (CAO) Committee prepared a report and recommendation following
the direction of the City Council regarding the hiring of an executive
recruitment firm and the role of the Blue Ribbon Panel. The CAO Committee
worked with the City Manager, the Human Resources Director, and Executive
Recruiter, Bob Murray, to develop the recommended job description, profile,
composition of the Blue Ribbon Panel, and the timeline. The Blue Ribbon
Panel would not be interviewing the candidates; however, the Council and
the Executive Recruiter would. Two guidelines were used in developing the
Blue Ribbon Panel format. The first was flexibility for the Mayor in making
appointments, and the second was to keep the group small. The Mayor
should have the opportunity and discretion to create an optimum group with
the right combination of skills, background, experience and chemistry to get
the work done. The CAO Committee agreed that a six-member Blue Ribbon
Panel was an efficient size and those appointed might fit more than one
category. The Council would have access to all the resumes, but the CAO Committee endeavored to provide a process that would present Council with
the top candidates for consideration in the shortest amount of time. The
Recruitment Schedule was designed as a five-month process. If the process
worked smoothly and a candidate emerged that the Council agreed to, a new
City Attorney should be appointed by June 1, 2004.
Council Member Cordell said in regard to the qualifications of the six-
member Blue Ribbon Panel, she urged the Mayor to appoint individuals who
had some experience with Municipal Law and, if possible, with city attorneys.
In addition, while the Blue Ribbon Panel was advisory to the Council, she
hoped their involvement would be more than pro forma, specifically she
recommended the Council allow the Blue Ribbon Panel to interview the
finalists and then make their recommendations to the Council, which was
non-binding.
MOTION: Council Member Kleinberg moved, seconded by Mossar, to
approve the Ad Hoc Committee on Council Appointed Officer’s
01/12/04 97-169
recommendation to approve the revised draft City Attorney job description,
the profile for the position, and the criteria for members of the Blue Ribbon
Panel.
Council Member Kleinberg said she recalled there was a desire on the part of
the majority of the Council to restrict the work of the Panel in order to
promote the activity of the Council in terms of its involvement. She hoped
the Mayor would be presented with people who had some background in City
Municipal law, but should also be allowed the ultimate discretion to put
together the right combination of people.
Council Member Morton expressed concern that the Council did not transfer
the responsibility of identifying the most qualified applicant to a citizen’s
committee. He was pleased to have them as part of the sorting process;
however, it was still the Council’s responsibility to identify whom they felt
was the most appropriate applicant.
Council Member Freeman asked whether there was a legal difference
between Committee and Panel.
Council Member Kleinberg said she made that distinction because the Mayor
might possibly appoint a Search Committee of Council Members and it
helped in determining which group was being referred to.
Council Member Freeman recommended Council Member Cordell be added to the CAO Ad Hoc Committee, due in part to her experience in four of the six
criteria areas for the Blue Ribbon Panel.
Mayor Beecham clarified the CAO Ad Hoc Committee members were
appointed by the Mayor with the consent of the Council.
Council Member Kleinberg referred to Page 2 of the Memorandum and noted
the Ad Hoc Committee suggested the Mayor might want to reconstitute the
CAO Committee into a Search Committee and appoint a fourth member at
his discretion.
Council Member Mossar said it was important to note the present CAO Ad
Hoc Committee was formed in 2003 and their worked spanned into 2004,
which left it up to the Mayor to decide how the Committee was constituted
and how he chose to handle it.
Council Member Freeman clarified the Mayor might opt to change the
makeup of the CAO Ad Hoc Committee.
01/12/04 97-170
Mayor Beecham said yes. It should be noted it was at his discretion. He
accepted Council Member Freeman's recommendation to include Council
Member Cordell.
Council Member Freeman recommended the on-line version of the Municipal
Code be kept current.
City Manager Frank Benest said the Council was interested in three things in
terms of the City Attorney. The first was the job description, which fit the
standard format. If there was a duty, major responsibility or qualification
that was not included, the Council could have staff consider that input.
Second was the profile, which was a marketing piece to attract qualified
candidates, and the third were things the Council would like the new City
Attorney to do once they became permanent. Whether the on-line version of
the Municipal Code was current was not a job description issue for the
document before the Council.
Council Member Freeman said she thought job descriptions were developed
based on need. She would also like to add language to the job description,
which stated, "regularly educates officials and commissioners, and senior
staff on laws regarding public information and Brown Act requirements."
Council Member Kleinberg said the language referring to expertise on the
Brown Act was noted in the revised document. How the new City Attorney
would go about doing any of the duties was not part of the job description, but of their job performance.
Council Member Freeman asked whether language stating, "act as a
parliamentarian at Council meetings" was listed.
Mayor Beecham said the City Attorney advised the Council of the rules under
which the Council operated, gave reasonable latitude to the Mayor, and final
discretion to the Council.
Interim City Attorney Wynne Furth said the City Attorney's office brought
copies of the Council's policies and protocols to every meeting, and staff
answered questions when asked.
Council Member Freeman referred to Essential Qualifications on the City
Attorney Job Description and asked what "significant" meant as it related to
top-level legal experience as a specialist in municipal law and experience
managing a legal staff.
01/12/04 97-171
Council Member Kleinberg said the language came from the executive
recruiter, who felt it was a word that would signal qualifications to the City
Attorney pool.
Council Member Freeman referred to the compensation portion of the City
Attorney position where it noted a car allowance. She understood it was one
of the issues still under discussion, and would hate for candidates to
anticipate benefits listed in a marketing piece that might not come to
fruition.
Council Member Kleinberg said every aspect of the compensation section
was open to negotiations. If there was not the potential to negotiate for any
of the benefits, it might dissuade some of the best candidates.
Council Member Kishimoto said she would like to see the job description to
include more emphasis on code enforcement. She inquired if the Blue Ribbon
Panel were elevated to ensure the candidates were qualified why would they
not have a role in interviewing them.
Mr. Benest said in speaking with the recruiter, there were two issues: 1) the
six month time commitment from the Interim City Attorney from the
beginning of her effort to provide those services to the City; and 2) the
concern of confidentiality and reticent of qualified candidates.
Council Member Cordell said she was appreciative of Council Member Freeman's confidence in her abilities to be helpful if chosen as a member of
the CAO Ad Hoc Committee; however, as the newest member on the Council
she had a lot to learn. She believed it was essential the Council had the last
say on who the City Attorney would be; however, she suggested that if the
Blue Ribbon Panel were to interview the candidates and make
recommendations, it would not diminish the Council's responsibility to make
the final decision.
Vice Mayor Burch said the Council should come to a clear decision that
evening whether to recommend the Blue Ribbon Panel interview the
candidates as opposed to merely reviewing the resumes in depth and
making suggestions.
Council Member Mossar said she was quite comfortable with the
recommendations of the CAO Ad Hoc Committee, and concurred with the
comments of the City Manager that any additions to the process would add
to the time schedule as well as the recruiting costs. The CAO Ad Hoc
Committee had discussions with the recruiter about complexities that were
brought on by the Council, and she was convinced that having the Blue
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Ribbon Panel work with the recruiter to "winnow out" the finalists for
Council's consideration was the best choice.
Council Member Morton said if there was going to be a community-based
Blue Ribbon Panel, the role of the Council needed clear definition.
Council Member Kleinberg clarified the recommendations of the CAO Ad Hoc
Committee were developed following a discussion of the Council about what
the expectations were for the Blue Ribbon Panel. The Council expressed the
desire to limit the role of the Blue Ribbon Panel; however, she proposed not
hiring a recruiter and allowing the Blue Ribbon Panel to do all of the work,
including interviewing candidates.
Mayor Beecham expressed support for the motion. He was confident the
Council Members could represent the community and select the best
individual as well as anyone could.
AMENDMENT: Council Member Cordell moved, seconded by Kleinberg, that
the majority of the Blue Ribbon Panel be permitted to interview the finalists.
Council Member Cordell said having the Blue Ribbon Panel interview the
finalists would in no way diminish her belief the Council was a competent
body who were capable of reviewing credentials. She believed the Panel
could enhance the process at very little cost.
Vice Mayor Burch stated it was not necessary for all members of Panel to
interview the candidates in an effort to save time.
AMENDMENT PASSED 6-3, Beecham, Morton, Mossar “no.”
MOTION AS AMENDED PASSED 8-1, Freeman “no.”
Council Member Kleinberg said those interested in serving on the Blue
Ribbon Panel should contact the Mayor in writing by February 1, 2004.
7A. (Old Item No. 3) Approval to Add Scope of Services to the Design of
the Mitchell Park Library and Community Center Capital Improvement
Program Project to Provide for a Space Programming Study to Improve
the Functionality at the Current Mitchell Park Library Facility
Council Member Freeman asked whether there was a narrower estimate for
the space design architect. If the project was believed to cost $100 per hour
and was estimated to take between 100 and 500 hours to determine a space
layout for Mitchell Park, she believed that to be a high number of hours.
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Assistant Director of Public Works Mike Sartor said the Interim Library
Director spoke with Group 4 architects, who gave an interim cost proposal of
approximately $40,000 for a Space Programming Study. When staff got into
actual review of proposals for the design of the work at Mitchell Park Library
the estimate would be fine-tuned.
MOTION: Council Member Freeman moved to cap the range of the Space
Programming Study at $25,000.
Council Member Freeman said the staff report (CMR:112:04) stated staff
could supplement some of the work. She hoped the City could find adequate
space consultants at a cost of $25,000.
Council Member Cordell asked Council Member Freeman how she arrived at
the figure of $25,000 versus $50,000.
Council Member Freeman said she picked a number that was higher than
$10,000 but lower than $50,000, because she felt the amount needed to be
capped at a figure that was reasonable for a space layout.
Council Member Cordell asked whether staff had an idea of the hourly rate
for the space consultant.
City Manager Frank Benest said the key issue was whether the space study
was based on functions and programs provided by staff, and then involve the consultant to develop the space study and recommendations, or did it
involve user groups and the community. If the latter was of importance that
was where the extra monies were generated.
MOTION FAILED FOR LACK OF A SECOND
MOTION: Council Member Morton moved, seconded by Mossar, to approve
the addition of a space programming study for the Mitchell Park Library to be
in the upcoming Request for Proposal (RFP) for the selection of a design
architect for the project.
Council Member Kishimoto said she was uncomfortable with the range of
$10,000 to $50,000 and thought it should be tightened. She favored some
outreach, but hoped staff would return with an amount on the lower end of
the range.
Council Member Ojakian asked whether the Council was precluded from
doing anything else at Mitchell Park in the near future if the project moved
forward.
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Mr. Benest said the assumption was the major focus of expanding and
enhancing facilities at the libraries, including the Children's Library in the
next four to five years. The City did not have monies other than fixing up
existing facilities. Staff believed it was possible and were optimistic that once
the Children's Library was completed, people would focus on Mitchell Park
and perhaps some discussion would ensue on the mid-to long-term
improvements at Mitchell Park.
Council Member Ojakian clarified staff's expectation was to do more at
Mitchell Park further down the road than what was being proposed and did
not see it as a waste of money.
Mr. Benest said that was correct. Staff believed they could get more space
and better utilize the facility, which was good use of money in the near term.
Council Member Ojakian expressed support for the motion. He was
concerned that the library facilities in Palo Alto were second-rate in
comparison to other communities.
Council Member Cordell said she was supportive of staff's response on how
the monies would be spent, but agreed the Council needed to be kept aware
and were ever vigilant on the issue.
Council Member Freeman expressed support for the motion. She was in
favor of improving the Mitchell Park library, but had a concern that the proposal was a little loose.
MOTION PASSED 9-0.
7B. (Old Item No. 4) Approval and Adoption of a Park Improvement
Ordinance Associated with Plans for a Native Plant Potting Area in the
City-Owned Baylands at the Duck Pond Maintenance Yard
Council Member Kishimoto asked whether there was enough protection in
the bird sanctuary with the large number of visitors and nature lovers.
Superintendent of Open Space and Sciences Greg Betts said when the sign
at the duck pond was first put up, the area was primarily a bird sanctuary
and a harbor with an active recreational area. The bird sanctuary was closer
to 2,000 acres of open space at the Baylands and a variety of shore birds
and waterfowl nested throughout the Baylands, not just within the fenced
area. It was also important to know the area for the proposed potting of
native plants was an area closest to the public area where there were no
plants, scrubs, or bushes; therefore, nothing would be cut down to put in the
lath house. The setup was designed with a drip watering system to allow
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plants to be watered automatically during most of the week. One or two
volunteers would tend to the plants and work on seed propagating on the
weekends. Most of the activity would occur once or twice a month when
volunteers came in to get flats of the native plants to take out to the
restoration area. Consideration was given to the types of operational details
that could be added to minimize the impact on the wildlife there.
Council Member Kishimoto clarified the bird sanctuary from a nesting point
of view was not as critical of an area anymore and the fencing could be
changed.
Mr. Betts said that was correct.
Council Member Kishimoto asked whether staff had considered including that
in the Baylands Master Plan update.
Mr. Betts said in his discussions with the Planning Department the past
Baylands Master Plan had a primary focus on harbor dredging issues as well
as closure of the landfill. It was his hope that the updated Baylands Master
Plan would also have a conservation element, which had been lacking from
past Plans.
Council Member Kishimoto asked whether parking along the duck pond area
would compete during the weekends.
Mr. Betts said he did not believe it would. Many of the volunteers who came
from Save the Bay or some of the local school groups recognized parking
was a problem and carpooled, as well as took advantage of parking at the
golf course and the airport.
MOTION: Council Member Kishimoto moved, seconded by Burch, for the
approval and adoption of a Park Improvement Ordinance for improvements
to the Duck Pond maintenance yard of the City-owned Baylands, to allow for
the development of a 1,600-square foot native plant potting area that is
intended for the propagation of plants for marsh and riparian habitat
restoration projects in the Baylands and along San Francisquito Creek.
Ordinance 1st Reading entitled “Ordinance of the Council of the City of
Palo Alto Approving and Adopting Plans for A Native Plant Potting Area
in the City-Owned Baylands at the Duck Pond Maintenance Yard”
Council Member Freeman said on a recent walk at the Baylands she noticed
a parking lot between the Interpretive Center and the barbeque pits located
next to the lath house, and asked whether that location was considered as a
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possible location for the native plant potting area, which would not interfere
with the duck pond.
Mr. Betts said yes. There were a number of factors that bore on the decision
not to move in that direction. First, the availability of water to the overflow
parking area would require trenching to put in a new waterline to supply the
plants. Second, was the clustering of development or building. A lot of
consideration was given not to obstruct bay views. Third, the overflow
parking, which was simply gravel and got muddy during the wintertime, was
one of the seven restoration sites in the Baylands. The soil was dredging fill
from the former harbor and if funds were provided through mitigation
monies that possibly could be turned back into lowland marshland.
Council Member Mossar said the proposed project had huge benefits for the
Baylands. The City owned a lot of open space property and should be
committed to taking advance of opportunities such as native plant potting
areas. Without vegetation in the Baylands there would not be any birds.
Council Member Morton concurred with the comments of Council Member
Mossar.
MOTION PASSED 9-0.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Ojakian requested the meeting be adjourned in memory of
Mike Cullen, long-time resident of Palo Alto.
Council Member Kleinberg requested the meeting be adjourned in memory
of Bill Miller, a co-founder of the Junior Chamber of Commerce.
CLOSED SESSION
The meeting adjourned to a Closed Session at 9:37 p.m.
Mayor Beecham stated he would not participate in Item No. 8 due to conflict
of interest because his campaign committee dealt with Mr. Villareal.
BY A CONSENSUS OF THE COUNCIL to move Item No. 9 forward in front
of Item No. 8 due to Mayor’s conflict
8. Conference with City Attorney -- Existing Litigation
Subject: Joseph Villareal v. City of Palo Alto, SC Superior Court No.:
CV810852
Authority: Government Code section 54956.9(a)
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9. Conference with City Attorney - Existing Litigation
Subject: In re Pacific Gas and Electric Company, a California
Corporation, Debtor, U.S. Bankruptcy Court case No.: 01-30923DM
Authority: Government Code Section 54956.9(a)
The City Council met in Closed Session to discuss matters involving existing
litigation as described in Agenda Item Nos. 8 and 9.
Vice Mayor Burch announced there was no reportable action.
FINAL ADJOURNMENT: The meeting adjourned at 10:15 p.m. in memory of
Mike Cullen, long-time resident of Palo Alto, a teaching fellow at Stanford
University. The meeting would also be adjourned in memory of Bill Miller, a
co-founder of the Junior Chamber of Commerce who was named Palo Alto’s
first “Young Man of the Year,” created living history of the community, and
received a lifetime achievement award from Avenidas.
ATTEST: APPROVED:
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.
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