HomeMy WebLinkAbout2010-11-01 City Council Summary Minutes
11/01/10
Special Meeting
November 1, 2010
The City Council of the City of Palo Alto met on this date in the Council
Conference Room at 6:05 p.m.
Present: Burt, Espinosa, Holman, Klein, Scharff, Schmid, Shepherd, Yeh
arrived @ 7:35 p.m.
Absent: Price
STUDY SESSION
1. Joint Meeting With Parks and Recreation Commission Regarding Parks
and Recreation Issues.
Get a paragraph from Rob DeGeus
Council took a break from 7:20 p.m.-7:40 p.m.
SPECIAL ORDERS OF THE DAY
2. Presentation by the Housing Trust of Santa Clara County.
The City Council did not hear the presentation due to a scheduling conflict of
the Housing Trust.
CITY MANAGER COMMENTS
City Manager, James Keene reported on October 25th the Community
Services Department (CSD) employees participated in an experienceology
workshop with Stephanie Weaver to explore ways to improve customer
service. Valley Transportation Authority (VTA) Technical Review Team
recommended funding for two City of Palo Alto grants for the California
Avenue hub corridor and Safe Routes to School Program. The Junior
Museum and Zoo reopened the Bat House. The College Terrace Library pre-
2 11/01/10
opening ceremony will be held Saturday, November 6th. The City was
presented with the 2010 Emergency Preparedness Certificate from the
Federal Emergency Management Agency (FEMA).
ORAL COMMUNICATIONS
Wynn Grcich, spoke regarding fluoride.
CONSENT CALENDAR
MOTION: Council Member Yeh moved, seconded by Vice Mayor Espinosa to
approve Agenda Item Nos. 3-6.
3. Resolution 9113 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the City Manager to Sign Up To Four Successive One-
Year Term Extensions of the Letter of Agreement 07-SNR-01080 to
Facilitate the Provision of Hydroelectric Consulting Services by Palo
Alto Utilities Staff Members to the Western Area Power Administration
and the United States Bureau of Reclamation”.
4. Ordinance 5096 entitled “Ordinance of the Council of the City of Palo
Alto Amending Section 2.23.050 of Chapter 2.23 of Title 2 of the Palo
Alto Municipal Code to Add the Subjects of Wastewater Collection and
Fiber Optics to the Purposes and Duties of the Utilities Advisory
Commission”. (First reading October 18, 2010 – Passed 7-2, Holman, Schmid no)
5. Approval of Extension of Library Advisory Commissioner Mark Hoose’s
Term to January 31, 2014 and Waiver of Appointment Process Set
Forth in Palo Alto Municipal Code Section 2.24.030.
6. Approval of Amended Bylaws to the Santa Clara County Cities
Association.
MOTION PASSED: 8-0 Price absent
ACTION ITEMS
7. Authorize the City Manager to Decline a New Power Purchase
Agreement Offer From Ameresco Butte County LLC That Could
Otherwise Partially Replace the Recently Terminated Ameresco Butte
County LLC Power Purchase Agreement.
MOTION: Council Member Scharff moved, seconded by Council Member
Holman to authorize the City Manager to decline Ameresco Butte County
LLC’s October 5, 2010 offer to draft and execute a Power Purchase
3 11/01/10
Agreement (PPA) similar to the terms Ameresco negotiated with Alameda
Municipal Power.
Council Member Scharff stated he felt the Staff Report presented valid
reasons for support of the Motion.
Council Member Schmid asked for clarification that the vote was to approve
the waiver of a Power Purchase Agreement (PPA) because Staff was
continuing to study the long term electric resource planning.
Director of Utilities, Valerie Fong stated Staff had received an offer of a new
PPA by Ameresco and the Staff recommendation was to decline the offer.
Staff felt the PPA was not a low price option, although by declining the PPA
the City continued to retain the right of first refusal for the next five years.
She clarified Staff had yet to bring back to Council the long term electric
acquisition plan and the incorporation into the plan on the cost effective
energy efficiency.
Council Member Schmid commented as we have an opportunity to talk about
the program it was important to point out the modified Butte County landfill
gas proposal had doubled the price of what was available on the current
market. There should be a discussion of the science behind our renewable
energy portfolio to ensure the City was reaching the goal of greenhouse gas
emissions as well meeting the letter of the California law.
Council Member Yeh asked if Staff knew the known risks encountered in
Butte County in terms of estimating the production levels for energy
generation.
Senior Resource Originator, Tom Kabat stated each of the contracts had
built-in delays in their construction and eventual production. The City was
only financially responsible for the energy after it was generated and
delivered. The only risk was for a delayed delivery and the contract lasted
twenty years from the date of the start of delivery.
Council Member Yeh asked whether there had been feedback for Johnson
Canyon given there was merely a three month difference between them and
Butte County.
Mr. Kabat stated he had not been informed of any particular delays with
Johnson Canyon. He advised he had a scheduled trip to review the gas
purchase contract behind the agreements with Johnson Canyon.
MOTION PASSED: 8-0 Price absent
8. High Speed Rail Update.
4 11/01/10
Project Manager, Rob Braulik stated the High Speed Rail Authority (HSRA)
was meeting November 4th to discuss the corridor selection criteria. They
will be reviewing the four corridors; San Francisco, San Jose, Merced and
Fresno and the selection criteria for those corridors. The meeting will include
a legislative hearing discussion on ridership numbers, Staff will be in
attendance to read the City’s concerns into the record. He announced the
Rail Corridor Task Force will hold its first meeting November 3rd.
Council Member Klein announced there was to be a rally at the Burlingame
rail station on November 7th at 11:00 a.m. The CEO of the High Speed Rail
Authority (HSRA) had informed San Mateo County officials a tunnel option
was out of the question on the Peninsula due to the incompatibility with
freight train systems. He stated there was an exchange of correspondence
between Congresswoman Eshoo and the Secretary of Transportation LaHood
that had been distributed and he recommended it be reviewed.
Council Member Shepherd stated she had attended a tour of the Warm
Springs Bay Area Rapid Transit (BART) area where they were tunneling. She
met with Molly McCarther, a BART representative for community relations,
who informed her to ensure there were vibration and sound mitigations
clearly articulated in the Environmental Impact Report (EIR) documentation.
Mayor Burt noted he had viewed video from the Warm Springs BART
tunneling project. He suggested Staff upload the video to the website for
community access. He stated it was an important concern to understand the
boundaries of the vibration opposed to the extent of the possible damage
that could be caused beyond that boundary. The City and community needed
to understand the legal ramifications for the homeowners.
Michael Krug spoke regarding support for the High Speed Rail (HSR) and a
station in Palo Alto. With the HSR, communities would drive less, walk more
and consume less energy.
Mayor Burt noted the City had evaluated the HSR for close to two years and
as a Council had gone from unanimous support of the concept to unanimous
opposition to the plan as designed. The transition of the decision came about
as a result of information and knowledge.
Council Member Holman shared her concern for the community where
constituents had approached her anticipating the need to move from Palo
Alto due to the HSR.
Council Member Schmid stated there had been visual simulation requests for
the Churchill Avenue area and he requested there be one for the Charleston
Avenue intersection. He clarified it was the busiest “at grade” intersection
5 11/01/10
with the most densely populated area on both sides and a main thoroughfare
for children.
Mayor Burt announced there was a tentative meeting scheduled with the
HSRA CEO, Mr. van Ark, for November 16th. He stated there had been
information indicating the Caltrain route from San Jose to San Francisco had
not been selected as the first segment of work to be completed. If the first
segment to be completed was located in the Central Valley, the second
segment could considerably be pushed out five or more years. The question
should be asked, how long would it be before a segment connecting the
Metropolitan areas were connected together. During a meeting with
Congresswoman Eshoo it was made clear she and her Congressional
Colleagues had signed on with Secretary of Transportation LaHood that the
other options of covered trench would continue to be evaluated in the
alternatives considered. He clarified the immediate and most critical goal
was to slow down the EIR and complete it according to the process in which
was promised to the City, as context sensitive solutions. The end result
should be well defined so in the event there was funding to move forward
with HSR on the Peninsula, it would have to be built according to what had
been agreed upon in the EIR process. He broached the subject of ridership
being the driving force behind the number of train’s necessary per hour,
grade separations, the number of tracks needed and finally the success or
failure of the business plan.
Council Member Shepherd clarified during the BART tour she attended she
was informed the project had begun and had been stopped before the EIR
had been certified. BART began negotiations with the City who had ended up
paying for the stations they wanted. The project came in at forty percent
below cost when they went out to bid.
Mr. Braulik stated the HSRA was scheduled to publish a new business plan in
February 2011 which explained how they planned on attracting private
capital.
Mayor Burt stated Mr. van Ark spoke in San Jose last month and was quite
explicit in his direction stating without a full federal commitment for a
funded share of $18 to $20 billion, there would not be private investment
sought.
Council Member Klein stated the last draft of the business plan called for
private financing. The HSRA represented their position as without a revenue
guarantee there would be no private financing.
Council Member Shepherd stated in working with Caltrain they were
beginning to talk more openly about their vision of the corridor. She asked
whether there had been any information brought forward to Staff.
6 11/01/10
Mr. Braulik stated Staff had not had recent discussion with Caltrain regarding
their vision of the corridors. The focus at the Technical Working Team level
had been on the HSR. He noted there were team members from Caltrain.
Mayor Burt stated his understand was Caltrain was seeking $20 million out
of the current Federal Railroad Administration (FRA) allocation for additional
engineering work on Positive Train Control. Positive Train Control was a
safety program mandated for all rail systems in the United States by 2015.
Caltrain was required to implement the Positive Train Control by 2015 unless
the deadline was extended.
COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS
Council Member Holman reported on attending the Santa Clara Valley Water
District (SCVWD) meeting where they discussed what would be required of
the Cities within the County for water conservation. She clarified she would
be presenting more information at a later date.
Council Member Klein stated there was going to be a meeting to discuss
SB375 on Monday, November 8 at the Santa Clara County offices at 70 W.
Hedding Street in San Jose. He was inquiring about who would be attending
as this may impact the Council meeting that evening.
Mayor Burt stated the Council meeting on November 8, 2010 started at 6:00
p.m. with a Study Session with the Library Advisory Commission (LAC). Due
to the fact that the agenda for that night was not long, he inquired if the
meeting could start at 6:30 p.m. or 7:00 p.m.
City Clerk, Donna Grider stated the Public Hearing ads had been published
and the start time was listed as 7:00 p.m. or as near as possible thereafter.
Mayor Burt stated with consensus of the Council that the Council meeting of
November 8, 2010 would begin at 6:30 p.m.
Council Member Yeh stated the recent refunding or selling of the City’s
hydro-power bonds netted the City a five percent savings, which translated
to approximately a $1 million savings per year. He asked when the
Development Agreement with Stanford would be returning to Council.
City Manager, James Keene stated it was tentatively scheduled to be
brought back on December 6, 2010 as a Study Session.
Council Member Schmid noted that he recently took a walk in Arastradero
Preserve and the rebuilt trails had held up well in the rain and made it a
7 11/01/10
pleasurable walk. He thanked Staff for their work on the upgrades to the
Preserve.
Mayor Burt reported on the Climate Change Art reception held on October
29th in the City Hall lobby. On October 28th he attended the San Francisquito
Creek JPA meeting where the discussion was on increased costs of the
upgrade to the lower segment of the below Highway 101 upgrade. The
disruption to our golf course would only be a matter of months rather than
years and the work would be done during non-peak golf season. He had
the opportunity to look at the new facility being built by Bellomo Architects
which would be the first LEED Platinum building for Palo Alto.
ADJOURNMENT: The meeting adjourned at 8:50 p.m.