HomeMy WebLinkAbout2004-03-01 City Council Summary Minutes
Special Meeting
March 1, 2004
1. Interviews of Candidates to the Utilities Advisory Commission (UAC) ....244
ADJOURNMENT: The meeting adjourned at 6:50 p.m. .................................244
1. Proclamation Expressing Appreciation to Debbie Duncan and Sue
Luttner Coonen for their Outstanding Service in the Preparation and
Implementation of the Terman Middle School Traffic Safety Plan ..........245
2. Selection of Candidates to Interview for the Human Relations
Commission ...................................................................................245
ORAL COMMUNICATIONS ........................................................................245
APPROVAL OF MINUTES ..........................................................................246
3. Adoption of a Resolution and Approval of a Contract for the Option to
Purchase Excess Capacity from the Western Area Power Administration 247
5. Adoption of a Resolution in Support of the Local Taxpayers and Public
Safety Protection Act ......................................................................247
6. Contract Between the City of Palo Alto and Sposeto Engineering, Inc. in the amount of $756,791 for FY 2003-2004 Phase 2 Sidewalk
Replacement Project. ......................................................................248
7. Cost Sharing Agreement Between the City of Palo Alto, the Palo Alto
Library Foundation and the Friends of the Palo Alto Library for the
Renovation and Expansion of Children’s Library .................................248
8. Approval to Increase Contract Contingencies Between the City of Palo
Alto and West Valley Construction Company in the Amount of
$150,000 for Water Main Replacement Project 16, Capital
Improvement Project WS-02003 ......................................................248
03/01/04 97-242
9. Contract with John T. Whitlinger in an Amount not to Exceed $265,000
for Tennis Classes and Individual Lessons for Youth and Adults ............248
10. Confirmation of Appointment of Paula Simpson as Director of Libraries .248
11. Contract with Kuehne Construction in the Amount of $262,475 to
Remodel City Parks Restrooms as Part of the Americans with
Disabilities Act Compliance Project – Capital Improvement Program
Project PF-93009 ...........................................................................248
12. Public Hearing: The City Council will consider awarding a lease to
Friends of the Palo Alto Library, for two classrooms known as rooms K6
and K7 located at the Cubberley Community Center, 4000 Middlefield
Road. Terms of the lease provide for a year-to-year lease conditioned
upon tenant using the space to provide funds for library purposes. .......248
13. Public Hearing: The City Council will consider an ordinance amending
Section 16.09 of the Palo Alto Municipal Code (the Sewer Use
Ordinance), which relates to requirements and standards for the
discharge of wastewater into the City’s sewer system .........................251
13A. (Old Item No. 11A) 2957 Waverley Avenue: Application by Chuck
Bradley for a Partial Refund of Development Impact Fees Paid in
November 2002 on a Second Residential Unit Constructed in
Conjunction with a Replacement Home .............................................252
13B. (Old Item No. 4) Approval of the Funding Strategy, and Adoption of a
Resolution Authorizing the City Manager to File an Application for a
Grant from and to execute a Grant Agreement with the State Water
Resources Control Board for the Construction of the Mountain View
Moffett Area Water Recycling Facility Project .....................................254
14. Roth Building, 300 Homer Avenue: Recommendation to Accept the
Submittal by the Palo Alto History Museum to the Request for Proposal
for the Roth Building .......................................................................255
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS ........................259
ADJOURNMENT: The meeting adjourned at 10:05 p.m. in memory of Pam
Grady, wife of Frank Benest and beloved mother of Leila and Noah. She was
deeply involved in Palo Alto school, community, and church activities ...........260
03/01/04 97-243
The City Council of the City of Palo Alto met on this date in the Council
Conference Room at 6:02 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Morton, Mossar, Ojakian
1. Interviews of Candidates to the Utilities Advisory Commission (UAC)
No action required.
ADJOURNMENT: The meeting adjourned at 6:50 p.m.
03/01/04 97-244
Regular Meeting
March 1, 2004
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:03 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Morton, Mossar, Ojakian
SPECIAL ORDERS OF THE DAY
1. Proclamation Expressing Appreciation to Debbie Duncan and Sue
Luttner Coonen for their Outstanding Service in the Preparation
and Implementation of the Terman Middle School Traffic Safety Plan
Council Member Kishimoto and Vice Mayor Burch presented Debbie Duncan
and Sue Luttner Coonen with a Proclamation for their outstanding service to
the City of Palo Alto and the Terman Middle School community for their
contribution of implementing the Safety Plan.
Ms. Duncan and Ms. Coonen thanked City staff and the Palo Alto Unified
School District (PAUSD) for their assistance in putting the plan together
Parent Teachers’ Association (PTA) President Teri Blackburn, 408 Grant
Avenue, #308, commended Ms. Duncan and Ms. Coonen. She said due to their hard work and leadership the children in the community were able to
take safer routes to school.
2. Selection of Candidates to Interview for the Human Relations
Commission
MOTION: Council Member Morton moved, seconded by Kleinberg, to
interview all the applicants.
MOTION PASSED 9-0
ORAL COMMUNICATIONS
Beth Broderson, 455 Hale Street, spoke regarding the Children’s Theatre
School Outreach Program. A Certificate of Appreciation was presented to
Council, staff, and the Community Services Department for 25 years of
contribution and support to the Outreach Program.
Cathy Howard, Principal, Barron Park School, 800 Barron Avenue, spoke
03/01/04 97-245
regarding the Palo Alto Children’s Theatre Outreach Program.
Michele Dulik, 331 Lincoln Avenue, spoke regarding the Children’s Theatre
Outreach Program.
Director of Planning and Community Environment Steve Emslie spoke
regarding the award to Palo Alto of a $1 million State grant for affordable
housing. He said funds came from voter’s approval of Proposition 46 and
could only be used for affordable housing.
Katherine Giusto, owner of “A Bed of Flowers” on Alma at Everett Street,
spoke regarding the traffic calming in Downtown North and the barricade on
Everett Street.
Liz Lee, 724 Arastradero Road, #304, spoke regarding leaf blower noise.
She said the timeframe for leaf blowers was not being enforced and voiced
her interest in starting a task force to control noise pollution.
Trish Bubenik, 420 Homer Avenue, spoke regarding “Red Cross Month” and
noted an exhibit at the Museum of American Heritage at 351 Homer Avenue.
APPROVAL OF MINUTES
MOTION: Council Member Mossar moved, seconded by Morton, to approve
the minutes of January 20, 2004 and February 2, 2004, as submitted.
MOTION PASSED 9-0.
CONSENT CALENDAR
Assistant City Manager Harrison said for Item 4 in CMR:163:04 did not
reflect the Utilities Advisory Commission’s (UAC) recommendations regarding
Mountain View-Moffett Area Water Recycling Project and asked the Director
of Public Works to provide the information.
Director of Public Works Glenn Roberts said the UAC’S initial
recommendation was for Utilities staff to contribute $2 million toward
funding of the project. The UAC negotiated with the City of Mountain View
for a $1,000,000 contribution and a future payment of $1 million once
connected to the system. Mountain View requested the $2 million up front
to fully fund the upgrade to accommodate Palo Alto’s water needs. At a
second meeting, a counter-proposal was for Mountain View to put up $1
million from Water Utilities and for the Water Treatment Plant Equipment
Reserve Fund to pre-contribute $1 million. The UAC accepted the
03/01/04 97-246
recommendation and proceeded with the grant application for $5 million to
the State.
Council Member Freeman had concerns regarding Item 6 and asked if water
mains and all underground work had been taken care of and no additional
work would be required to complete the Sidewalk Replacement Project in the
time allotted.
Mr. Roberts said the coordination process was in affect and Public Works and
the Police Department met monthly to coordinate street work projects and
schedules.
Former Mayor Lanie Wheeler said with regard to Item No. 7, The Friends and
Foundation of the Palo Alto Library had raised funds for the renovation and
expansion of the Children’s Library. The amount of $960,000 would be
deposited into the City’s General Fund 30 days prior to the date set for
Council awarding the construction contract for the project.
Ellen Wyman presented long-time Palo Alto children’s librarian, Katie
Obringer, with a Proclamation dedicating the Fireplace and the Hearth at the
Children’s Library to Ms. Obringer.
Council Member Mossar moved, seconded by Kleinberg, to remove Consent
Calendar Item No. 11A to become Item No. 13A.
Council Member Kishimoto moved, seconded by Freeman, to remove
Consent Calendar Item No. 4 to become Item No. 13B.
MOTION: Council Member Morton moved, seconded by Kishimoto, to
approve Consent Calendar Item Nos. 3, 5-11.
3. Adoption of a Resolution and Approval of a Contract for the Option to
Purchase Excess Capacity from the Western Area Power Administration
Resolution 8405 entitled “Resolution of the Council of the City Of Palo
Alto Approving a Letter of Agreement for Excess Capacity 04-SNR-
00647 with the United States Department of Energy, Western Area
Power Administration”
5. Adoption of a Resolution in Support of the Local Taxpayers and Public
Safety Protection Act
Resolution 8406 entitled “Resolution of the Council of the City of Palo
Alto Supporting a Statewide Ballot Initiative to Require Voter Approval
03/01/04 97-247
Before State Government May Take Local Tax Funds”
6. Contract Between the City of Palo Alto and Sposeto Engineering, Inc.
in the amount of $756,791 for FY 2003-2004 Phase 2 Sidewalk
Replacement Project.
7. Cost Sharing Agreement Between the City of Palo Alto, the Palo Alto
Library Foundation and the Friends of the Palo Alto Library for the
Renovation and Expansion of Children’s Library
8. Approval to Increase Contract Contingencies Between the City of Palo
Alto and West Valley Construction Company in the Amount of
$150,000 for Water Main Replacement Project 16, Capital
Improvement Project WS-02003
9. Contract with John T. Whitlinger in an Amount not to Exceed $265,000
for Tennis Classes and Individual Lessons for Youth and Adults
10. Confirmation of Appointment of Paula Simpson as Director of Libraries
11. Contract with Kuehne Construction in the Amount of $262,475 to
Remodel City Parks Restrooms as Part of the Americans with
Disabilities Act Compliance Project – Capital Improvement Program
Project PF-93009
MOTION PASSED 9-0 for Item Nos. 3, 5-11
Paula Simpson spoke in appreciation of her appointment as Director of
Libraries to the City of Palo Alto.
PUBLIC HEARINGS
12. Public Hearing: The City Council will consider awarding a lease to
Friends of the Palo Alto Library, for two classrooms known as rooms K6
and K7 located at the Cubberley Community Center, 4000 Middlefield
Road. Terms of the lease provide for a year-to-year lease conditioned
upon tenant using the space to provide funds for library purposes.
Real Estate Manager Bill Fellman gave an overview of the proposed lease
outlined in staff report CMR:162:04 and asked Council approve the lease
with the Friends of the Pal Alto Library (FOPAL). FOPAL would use the space
at the Cubberley Community Center to sell used books and contribute
approximately $120,000 a year to the library.
03/01/04 97-248
Mayor Beecham declared the Public Hearing open at 7:50 p.m.
Tom Wyman, 546 Washington Avenue, urged Council to approve the lease
so FOPAL could continue supporting the Palo Alto Libraries.
Bob Moss, 4010 Orme Street, said the lease was structured for benefits and
would be paid directly to the City from book sales. He urged the Council to
adopt the agreement.
Mayor Beecham declared the Public Hearing closed at 7:55 p.m.
MOTION: Council Member Morton moved, seconded by Mossar, to approve
the lease with the Friends of the Palo Alto Library of two rooms, K6 and K7,
at the Cubberley Community Center.
Council Member Morton supported of the recommendation. He suggested
revisiting the lease and increasing the rent should Cubberley need the
financial support.
Council Member Mossar echoed Council Member Morton’s comments and
supported on the recommendation.
Council Member Cordell supported the motion.
Council Member Ojakian asked if Cubberley’s rental income was deposited into the General Fund or a fund specifically for the Cubberley Center.
Ms. Harrison said Cubberley was part of the General Fund. The long-term
plan was for it to be on a self-sustaining basis where revenues would offset
the expenses.
Council Member Ojakian asked what FOPAL’s rental fee was at Terman.
Ms. Harrison said FOPAL had not been charged.
Council Member Ojakian would not support the motion. He preferred to tie
payments to the City on a year-to-year basis, and the City would get the
benefit of having the funds go to the libraries instead of the General Fund.
Vice Mayor Burch supported the motion.
Mayor Beecham supported the motion. Conditions had changed and the cost
was divided between free-rent versus what the City could have received
from another tenant. The recommendation was neither to set a policy on
03/01/04 97-249
leasing City space nor to change the rental policy for Cubberely.
Council Member Freeman supported the motion. She preferred funds be
directed to the libraries but understood the need to support the space at
Cubberely.
Council Member Kleinberg asked the City Attorney if any consideration was
given on the organization’s activities that were political in nature and could
issues be raised in terms of renting City property.
Acting City Attorney Bill Mayfield said he was not aware of any legal reasons
but would look into the matter and advise Council of any problems.
Council Member Kleinberg asked that the following language be added
should the organization become involved in other library measures or fund-
raisers for political activities. Under Attachment “B”, Section V, “as
consideration for TENANTS mission to raise funds to directly support Palo
Alto Libraries and use of the PREMISES”. She did not want the lease to be
viewed as though the City was involved with an organization that took
political positions.
Mr. Mayfield said it could be an amendment to the lease or proposed by
Council and adopted on a majority vote.
AMENDMENT: Council Member Kleinberg moved, seconded by Freeman, to amend the lease Attachment “B”, Section V, to include language that as
consideration for TENANTS mission to raise funds to directly support Palo
Alto libraries and use of PREMISES.
Council Member Freeman asked if the proposed language covered the
organization’s involvement of raising funds for non-related library issues.
Council Member Kleinberg said it did not. Staff assured her FOPAL’s mission
was to explicitly support Palo Alto Libraries.
Council Member Cordell said the City Attorney did not state Council Member
Kleinberg’s issue as violating the lease agreement. She suggested the City
Attorney look into the matter. If the activity was in violation, to have the
City Attorney add the required language at a later time. She asked to move
forward and bring closure to the major issue.
Council Member Kleinberg felt language should be added to clearly state the
organization’s fundraising activities were specifically to support City libraries.
03/01/04 97-250
Council Member Morton asked the City Attorney if leasing to FOPAL was
based on the fact the organization was a contributor to funding of the City,
would Council Member Kleinberg’ s amendment resolve the issue.
Mr. Mayfield said he understood the concern of the proposed amendment,
but did not have a direct answer and would further look into the matter.
He felt the amendment would not cure the problem, unless the organization
strictly was prohibited in engaging in such an activity. He was not sure the
lease could be construed to prohibit that. He suggested perhaps an
amendment to terminate the lease in the event there was a decision to
constrain that type of activity.
Council Member Kleinberg said she did not want to hold up the lease and
withdrew her amendment, but wanted the City Attorney to look into FOPAL’s
involvement of any political activities during the lease.
AMENDMENT WITHDRAWN BY MAKER AND SECONDER
INCORPORATED INTO MOTION WITH THE CONSENT OF THE MAKER
AND SECONDER to have the City Attorney review the legal implications of
the Friends of the Palo Alto Libraries (FOPAL) involvement in any political
measures while leasing space at Cubberley Community Center, and to
incorporate language into the lease if deemed appropriate.
MOTION PASSED 8-1, Ojakian “no.”
13. Public Hearing: The City Council will consider an ordinance amending
Section 16.09 of the Palo Alto Municipal Code (the Sewer Use
Ordinance), which relates to requirements and standards for the
discharge of wastewater into the City’s sewer system
1st Reading entitled “Ordinance of the Council of the City of Palo Alto
Amending Sections 16.09.106, 16.09.110, 16.09.112, 16.09.113, and
16.09.116 of the Palo Alto Municipal Code Relating to Sewer Use”
Director of Public Works Glenn Roberts gave a brief overview of the
Ordinance Amendment as outlined in staff report (CMR:149:04). He said
mercury and zinc, in particular, were the two main issues being modified by
the ordinance change.
MOTION: Vice Mayor Burch moved, seconded by Kishimoto, to introduce
the Ordinance amending Chapter 16.09 of the Palo Alto Municipal Code
(Sewer Use Ordinance) to reduce discharges of pollutants to the sanitary
sewer and storm drainage systems.
03/01/04 97-251
Council Member Morton supported the motion.
MOTION PASSED 9-0.
13A. (Old Item No. 11A) 2957 Waverley Avenue: Application by Chuck
Bradley for a Partial Refund of Development Impact Fees Paid in
November 2002 on a Second Residential Unit Constructed in
Conjunction with a Replacement Home
Council Member Mossar explained the item was removed to give Council the
opportunity to discuss Mr. Bradley’s request. She felt that Mr. Bradley’s
situation was caught up in an ordinance change and was not Council’s intent
to disadvantage a property owner. Mr. Bradley was owed the refund.
Council Member Kleinberg said she found the issue to be a matter of policy,
equity, and fairness.
Chuck Bradley, 2957 Waverley Street, summarized his letter to Council,
dated February 20,2004, Attachment C, to staff report (CMR173:04). He
said the situation could have been avoided if staff had properly informed him
of the amount due and when.
Planning and Environmental Director Steve Emslie said staff had no
comments.
MOTION: Council Member Kleinberg moved, seconded by Mossar, to
approve the request by Chuck Bradley for a partial refund of development
impact fees at 2957 Waverley Avenue.
Council Member Cordell asked how many properties were affected by the
same situation and if the motion were approved would they automatically be
entitled to a refund.
Acting City Attorney Bill Mayfield said the motion would apply to Mr. Bradley
and should signal the Council’s intent or concern to the other properties.
There were legal concerns about the implementation of the refund process
and asked staff be given the opportunity to report back to Council on how
the process would be implemented.
Council Member Cordell asked how many property owners would be affected
and what was the total amount of the refund.
Mr. Emslie said it was five with a total refund amount of $17,000.
03/01/04 97-252
Council Member Cordell asked the Acting City Attorney to clarify his
statement. Was he not clear on how to make the process happen, or did he
need to review the process on how to make it happen.
Mr. Mayfield said he did not think there was an issue as to whether it was a
gift of public funds or would undermine the fee study. Research was still in
progress and staff was not prepared to give Council definitive guidance.
Council Member Cordell wanted to move quickly on the item but still was not
clear on the legal impact. She asked that the item be brought back with time
for the City Attorney to respond to legal implications.
Council Member Mossar said the staff report clearly summarized staff’s
concern and took precedence. Council did not have a policy for Mr. Bradley
or the other property owners of having to pay the fee and felt it was staff’s
responsibility to implement the policy.
Council Member Cordell heard the possibility of serious legal implication in
the process and did not want to jeopardize the Council or the City.
Council Member Kishimoto asked how many residents were affected by the
fee increase.
Mr. Emslie said 25 new homes were approved but requested the time to
review plans to see how many were larger than 3,000 square feet.
Council Member Kishimoto felt if Council’s direction was to change the fees
for all 25 homes, then a review would be required on the rate increase for
homes over 3,000 square feet as well as reductions.
Council Member Kleinberg clarified her motion had nothing to do with raising
fees. It was strictly limited to the reduction in fees for the property on 2957
Waverley Avenue.
Council Member Ojakian supported the motion.
Vice Mayor Burch asked to review all residents that fell into Mr. Bradley’s
circumstance and to make a blanket policy to take care off all residents
impacted by the situation.
Council Member Morton said he was not clear about the refund process and
asked for the item to be continued until staff could address the legal
implications of the refund.
03/01/04 97-253
Mr. Emslie felt the item should be continued and for staff to return with a
proposal on the specifics on how to implement the refund.
SUBSTITUTE MOTION: Council Member Mossar moved, seconded by
Beecham, to continue discussion of the item to the end of the agenda.
MOTION PASSED 9-0.
13B. (Old Item No. 4) Approval of the Funding Strategy, and Adoption of a
Resolution Authorizing the City Manager to File an Application for a
Grant from and to execute a Grant Agreement with the State Water
Resources Control Board for the Construction of the Mountain View
Moffett Area Water Recycling Facility Project
Resolution 8407 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the City Manager to File an Application and Execute a
Grant Agreement for a Grant in an Amount Not to Exceed $5 Million
From the State Water Resources Control Board on Behalf of the City of
Palo Alto Regional Water Quality Control Plant (PARWQCP) for the
Construction of the Mountain View-Moffett Area Water Recycling
Project”
Council Member Kishimoto said she removed the item because the staff
report (CMR:163:04) was incomplete. It did not contain Utilities Advisory
Commission’s (UAC) minutes regarding the item and the fiscal impacts on
future costs affecting Palo Alto’s budget and ratepayers.
Council Member Freeman echoed Council Member Kishimoto’s comments
and also the City paying $2.7 million dollars for a project constructed in
Mountain View without Federal assistance.
Director of Public Works Glenn Roberts said when staff initiated the item, it
was viewed as a grant application for State money and not for the project.
He gave an overview of the recommendation outlined in staff report
(CMR:163:04).
Bob Moss, 4010 Orme, spoke regarding the surrounding Mountain View-
Moffett area. The possibility of short-term usage of the project within those
areas was very remote.
Mayor Beecham said Palo Alto was interested in the project because the
Waste Treatment Plant discharge permit allowed recycling water through
deteriorating pipelines. He asked what the options were in repairing or
replacing the pipelines.
03/01/04 97-254
Mr. Roberts said repairs would be difficult since the pipelines ran through the
Baylands. An alternative pipeline would need to be built along the same
alignment as the new proposed pipeline along East Bayshore Road.
Estimated costs to replace the pipeline were $6 million. In theory, the cost
to repair was $2 million but would not be feasible. Mountain View wanted to
build a bigger pipeline to serve their future needs for the Shoreline’s
industrial area and west of Highway 101. The cost of the pipeline increase
for Mountain View’s portion was $8 million and portion for Palo Alto would be
the $5 million State grant. The action before Council was the absolute key
in Mountain View’s ability to proceed. Mountain View could not go forward
if the grant was not approved and submitted.
Mayor Beecham ask what the ramifications were if Mountain View did not
participate.
Mr. Roberts said Palo Alto would need to fall back to the Treatment Plant
partners to replace the pipeline with a smaller pipeline alignment along East
Bayshore Road. The cost would be $6 million.
Council Member Freeman asked if Moffett did not participate, could the pipeline be shortened to which would reduce the cost.
Mr. Roberts said the proposal reflected the shorter pipeline.
MOTION: Council Member Morton moved, seconded by Mossar, to approve
staff recommendation of:
1. The funding strategy for the implementation of the Mountain View –
Moffett Area Water Recycling Facility project.
2. The resolution authorizing the City Manager to apply for a grant not to
exceed $5,000,000 from the State Water Resources Control Board (SWRCB) on behalf of the Regional Water Quality Control Plant (RWQCP)
for the construction of the Mountain View – Moffett Area Water Recycling
Facility project (Attachment A) and to negotiate and execute a grant
agreement for same.
MOTION PASSED 9-0.
REPORTS OF OFFICIALS
14. Roth Building, 300 Homer Avenue: Recommendation to Accept the
Submittal by the Palo Alto History Museum to the Request for Proposal
for the Roth Building
03/01/04 97-255
Real Estate Manager Bill Fellman presented the recommendation as outlined
in the staff report (CMR:152:04) to accept the proposal submitted by the
Palo Alto Historical Association (PAHA) and to direct staff to prepare the
Option to Lease, Lease Agreement and complete the environmental review.
Karen Holman, 725 Homer Avenue, spoke in support of the History Museum
She thanked the Council for the opportunity to present the proposal given a
positive outcome to ultimately serve a public need.
Gary Fazzino, 135 Bryant Street, spoke in support of the History Museum.
He expressed the importance of capturing the City’s history in a museum for
citizens to benefit from its examples.
David Bubenik, President of the Palo Alto Stanford Heritage, 420 Homer
Avenue, for the Architectural Preservation Organization (PASHA) spoke in
support of the proposed History Museum and extended an invitation to the
ongoing exhibit of the building’s history located in Roth Building’s courtyard.
Mary Davey, Los Altos Hills, spoke in support of the restoration of the Roth
Building as a potential museum.
Joy Ogawa, Yale Street, said on May 12, 2003, the Council approved a
budget for the demolition of the buildings wings regarding compensation
payment to Summerhill Homes for the City’s failure to meet the demolition
deadline. The staff report (CMR:279:00) mentioned negotiations of the fee and a report back to Council regarding the discussions. She asked if
negotiations had been concluded and what was the outcome.
Elaine Meyer, University South Neighborhood Association, 609 Kingsley
Avenue, felt the museum would be an asset to the City and supported the
proposal.
MOTION: Council Member Morton moved, seconded by Kleinberg, to
approve the staff recommendation as follows: 1) accept the proposal
submitted by the Palo Alto Historical Association (PAHA); and 2) direct staff
to prepare the Option to Lease, Lease Agreement and complete the
environmental review.
Council Member Freeman supported the motion.
Council Member Ojakian stated his concern regarding the possibility of not
meeting the financial goal. He asked whether the policy for Transfer of
Development Rights (TDRs) on historic buildings applied to the Roth
Building.
03/01/04 97-256
Mr. Emslie said it did.
Council Member Ojakian asked if the square footage and dollar amount
would be forwarded to Council. It would give a better idea on how much it
would take to improve the building. He questioned the bathrooms being
used by the park.
Mr. Fellman said they would remain open during the same hours of the park
and the City would be responsible for the opening and closing of the
bathrooms.
Council Member Ojakian questioned traffic and parking controls in the area.
Mr. Emslie said it had not been reviewed; however, Traffic Reduction
Measures (TRM) would be included in the Environmental Impact Report
(EIR).
Council Member Ojakian said he supported the motion.
Vice Mayor Burch asked how many days a week would the museum be open.
Ms. Holman said it would be open Friday, Saturday, and Sunday consistent
with the American Heritage Museum located across the street.
Vice Mayor Burch asked how the bathrooms would be accessible.
Ms. Holman said there were internal bathrooms to serve the museum and
external bathrooms to serve park needs.
Vice Mayor Burch questioned access to the Community Room when the
museum was closed.
Ms. Holman said it would be included in the plan.
Vice Mayor Burch supported the motion.
Council Member Kishimoto asked staff to answer Ms. Ogawa’s question.
Assistant City Manager Harrison said Mr. Emslie interfaced with Summerhill
Homes on a regular basis. No compensation fees were paid. Summerhill
Homes was extremely cooperative throughout the entire process.
Mayor Beecham supported the motion.
03/01/04 97-257
MOTION PASSED 9-0.
CONTINUED DISCUSSION OF FORMER ITEM 13A
Ms. Harrison said the item would return to the Council on the March 15,
2004 Council agenda.
MOTION: Council Member Morton moved, seconded by Mossar, for staff to
bring back the item to Council on March 15, 2004 with an analysis of legal
issues and consideration of a mechanism to implement refunds should
Council choose to do so.
Mr. Mayfield said staff would return with an analysis of legal issues involved
and practical implementation of the process.
Ms. Harrison stated staff would make a strong effort to return on March 15,
2004, if not, it could not return until late April.
Council Member Morton clarified it was Council’s intent to find a way to make
the refund possible.
Council Member Cordell asked staff to return with specific answers to the
questions: 1) could the Council legally make a refund to Mr. Bradley and
how would the refund process be accomplished; 2) what was required legally with other refunds owed to those similarly situated to Mr. Bradley; and 3)
how many refunds could be applicable and what would be the total amount
of refunds.
Council Member Freeman clarified Mr. Bradley got caught between the
Finance Committee making a recommendation and the time the
recommendation was brought to Council.
Council Member Mossar clarified that she and Council Member Kleinberg
were focused on properties caught up in the fee reduction scheme only, and
not the fee increase scheme.
Council Member Morton added it was more specific to Mr. Bradley’s situation
and any one similarly situated.
Council Member Mossar clarified individuals with fee increases were not
relevant to the motion.
Council Member Kleinberg requested when staff returned to the Council, to
03/01/04 97-258
include the Finance Committee discussion as well as the Council Meeting
Minutes of when the Amendment change was approved.
MOTION PASSED 9-0.
Acting City Attorney Bill Mayfield noted the Council packet contained a report
from the Santa Clara County Grand Jury recommending the City begin the
collection lien process of fees that pertain to two residential properties
owned by a single individual. The matter was agendized for April 12, 2004,
for the Council consideration of the lien that would be placed on the property
for collection. The legally required notices for the lien process were going
out to the property owner. There would be a response to the Grand Jury
after the item was heard and completed.
Mr. Mayfield reported at the prior week’s closed session that staff was
authorized to conduct negotiations on the civil litigation claim of Albert
Hopkins. Mediation was conducted in San Francisco before the Judicial
Arbitration and Mediation Services by Judge Rebecca Westerfield, which
resulted in a successful negotiated settlement of all claims by Mr. Hopkins
against the City and its officers in the amount of $250,000. The Police Chief
was in the process of investigating and making decisions on the
administrative proceedings that might be taken regarding the two officers,
and there were also criminal proceedings pending by the District Attorney
against the two officers.
Mayor Beecham asked given those ongoing actions, was it appropriate for
the City to make a statement on what might have happened that evening.
Mr. Mayfield said given the circumstance, it was inappropriate for Council to
take a position or make a statement in regard to the matter.
AT THIS POINT IN THE PROCEEDINGS, THE CITY COUNCIL ADJOURNED TO A SPECIAL MEETING AT 9:55 P.M. AS THE BOARD OF
DIRECTORS OF THE PALO ALTO PUBLIC IMPROVEMENT CORPORATION AND RECONVENED AS CITY COUNCIL AT 10:00 P.M.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Mossar suggested when items were fundamentally
ceremonial they should be placed on the agenda under Special Orders of the
Day and not on the Consent Calendar. The staff presentation during the
Consent Calendar was an interruption and the item should have been
removed.
03/01/04 97-259
Mayor Beecham requested that all Council Members refresh themselves
regarding Council Procedures.
Council Member Cordell thanked Mayor Beecham for his leadership role in
the amendments to Government Code 1090. She also thanked Senator
Sher, Assemblyman Simitian, and Deborah Zumwalt and Larry Horton of
Stanford University, for making the changes possible.
Council Member Freeman stated she would miss the meeting of March 8,
2004, as she would be attending the National League of Cities Conference.
Council Member Ojakian noted there would be no regular Council meeting on
March 8, 2004, due to the State of the City address. He thanked Assistant
City Manager Emily Harrison for ensuring that the City had been managed
for the past month in Frank Benest’s absence. He asked that the meeting be
adjourned in memory of Pam Grady, wife of Frank Benest and beloved
mother of Leila and Noah.
Vice Mayor Burch acknowledged and thanked the entire City staff for
functioning well in the difficult absence of the City Manager during the past
month.
ADJOURNMENT: The meeting adjourned at 10:05 p.m. in memory of Pam
Grady, wife of Frank Benest and beloved mother of Leila and Noah. She was
deeply involved in Palo Alto school, community, and church activities.
03/01/04 97-260