HomeMy WebLinkAbout2004-04-19 City Council Summary Minutes
Special Meeting
April 19, 2004
1. Conference with City Attorney..........................................................338
ADJOURNMENT: The meeting adjourned at 6:40 p.m. .................................338
1. Joint Community Relations Committee Report for the Palo Alto Airport ..339
ADJOURNMENT: The meeting adjourned at 7:03 p.m. .................................339
1. Funding Options, Fiber to the Home..................................................340
ADJOURNMENT: The meeting adjourned at 8:03 p.m. .................................340
ORAL COMMUNICATIONS ........................................................................341
1. Adoption of an Ordinance Amending Ordinance No. 4763, Relating to
the Imposition and Collection of Certain Development Impact Fees on
Residential Dwelling Units Smaller than or Equal to 900 Square Feet. ...341
3. Contract between the City of Palo Alto and J.W. Riley & Sons
Incorporated in the Amount of $291,135 for the 2004 Street
Maintenance Capital Improvement Program Phase 1 Project PE-86070 .342
4. Contract between the City of Palo Alto and B&B Landscape Contractors, Inc. for the Installation of an Irrigation System at Jordan
Middle School ................................................................................342
5. Restatement and Amendment of a Four Year Contract with Bay Span
Inc. for Temporary Skilled Facilities Staff in the amount of $82,000 for
Fiscal Year 2003-04; and $73,000 for Each of the Two Additional Year
Terms ...........................................................................................342
6. Request for Approval to Increase Contingency Authority to Kuehne
Construction Contract C04100292 in the Amount of $24,000 for the
Baylands Interpretive Center Roof Replacement – Capital
Improvement Project PF-00006........................................................342
04/19/04 97-336
7. Recommendation of Staff to Deny Request for Hearing of Appeal
by Andrew Chiang of the Director of Planning and Community
Environment's Approval of the Individual Review Application (03-IR-
69) for a New Two-Story Single Family Residence Owned by Filiberto
Alvarez at 800 Sycamore Drive ........................................................342
8. Response to 2003-04 Santa Clara Civil Grand Jury Report, Inquiry into
the City of Palo Alto’s Code Enforcement Program ..............................342
10a. (Old Item No. 13) Conference with City Attorney -- Existing Litigation ..343
11. Utilities Advisory Commission Recommendation re Fiber To The Home
(FTTH) Business Plan Phase 2 Final Report ........................................343
12. Public Hearing: The Palo Alto City Council will consider a request by
Peter Baltay of TOPOS Architects, on behalf of Jeff and Mary Thomas,
for a Site and Design application for the construction of a new 5,008
square-foot, two-story single-family residence on a 10-acre parcel
(435,000 square feet) within the Open Space zoning district of which
the total impervious surface area would be 11,350 square feet
including a 6,851 square-foot asphalt driveway located at 3849 Page
Mill Road. Approval of a Mitigated Negative Declaration is requested in
accordance with California Environmental Quality Act (CEQA)
Guidelines .....................................................................................346
12A. (Old Item No. 2) 4010 Page Mill Road - Record of Land Use Action
(ROLUA) of the City Council denying an application by Cartmell/Tam
Architects on behalf of David Ditzel for a Site and Design Review to
allow a 1,677 square-foot addition to an existing 3,433 single-family
residence and construction of a new swimming pool, including a request for a variance to exceed the maximum impervious area
allowed, and a variance for extensions into the side yard and front
yard setbacks. Zone District: Open Space (OS). Environmental
Assessment: a Negative Declaration has been prepared for public
review and comment. .....................................................................347
12B. (Old Item No. 9) Finance Committee Recommendation Regarding Use
Of Downtown Parking Structure Surplus Construction Funds ................347
12C. (Old Item No. 10) From Planning and Transportation Commission: 321
California Avenue ...........................................................................347
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS ........................348
FINAL ADJOURNMENT: The meeting adjourned at 10:32 p.m. in memory of
over six million people who died in the Holocaust and many others who
had died due to xenophobia .............................................................349
04/19/04 97-337
Special Meeting
April 19, 2004
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:04 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
ABSENT: Morton, Mossar, Ojakian
CLOSED SESSION
Council Member Morton would not participate in the item due to a conflict of
interest because of investment interest in AT&T.
Council Member Mossar stated she would not participate in the item due to a
conflict of interest because of family investment interest in AT&T.
1. Conference with City Attorney -- Potential/Anticipated Litigation
Subject: Significant Exposure to Litigation on One Matter
Authority: Government Code section 54956.9(b)(1) & (b)(3)(A)
The City Council met in Closed Session to discuss matters involving
potential/litigation as described in Agenda Item No. 1.
Mayor Beecham announced there was no reportable action.
ADJOURNMENT: The meeting adjourned at 6:40 p.m.
04/19/04 97-338
Special Meeting
April 19, 2004
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:45 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Ojakian
ABSENT: Morton, Mossar
SPECIAL ORDERS OF THE DAY
1. Joint Community Relations Committee Report for the Palo Alto Airport
No action required.
Pria Graves, 2130 Yale Street, said the County Airport’s Commission felt it was
important for the airport’s lease to be extended.
2. Proclamation Expressing Appreciation to Pat Roy for her Generous
Donation to the City of Palo Alto for use at the Lucy Evans Baylands
Nature Interpretive Center
No action required.
ADJOURNMENT: The meeting adjourned at 7:03 p.m.
04/19/04 97-339
Special Meeting
April 19, 2004
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:04 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Ojakian
ABSENT: Morton, Mossar
STUDY SESSION
Council Member Morton would not participate in the item due to a conflict of
interest because of investment interest in AT&T.
Council Member Mossar would not participate in the item due to a conflict of
interest because of family investment interest in AT&T.
Council Member Ojakian would not participate in the item due to a conflict of
interest because wife has a partnership stock in Comcast & SBC
1. Funding Options, Fiber to the Home
Council held a study session on April 19, 2004 to review and discuss various
funding options for building a fiber to the home network.
Council directed staff to:
1. Prepare a presentation for the May 24, 2004 Council meeting.
2. Council direction given at the May 24, 2004 meeting should be
incorporated into a report, along with the presentation, and be
reviewed at the Utilities Advisory Commission meeting on July 7,
2004.
3. Comments and recommendations from the July 7 meeting should
be incorporated into a new report for the August 2, 2004 Council
meeting.
No action required.
ADJOURNMENT: The meeting adjourned at 8:03 p.m.
04/19/04 97-340
Special Meeting
April 19, 2004
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 8:03 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg, Morton
ABSENT: Mossar, Ojakian
ORAL COMMUNICATIONS
Victor Frost, Telephone Pole 1139, Page Mill Road, spoke regarding the day
labor program.
Ed Power, 2254 Dartmouth Street, spoke regarding good government.
CONSENT CALENDAR
Mayor Beecham moved, seconded by Kleinberg, to remove Item Nos. 2 and
9 from the Consent Calendar to become Item Nos. 12A and 12B.
Council Member Freeman asked when Item No. 10, 321 California Avenue,
Antonio’s Nut House, would come back to the Council with a date certain.
Assistant City Manager Emily Harrison replied she would work with the
Planning and Transportation staff to set a definitive date.
John K. Abraham, 736 Ellsworth Place, asked for an independent review and
a Director’s hearing regarding Antonio’s Nut House and The Edge.
Mayor Beecham announced Item No. 10 would be removed from the
Consent Calendar to become Item No. 12C due to the large number of
speakers.
Council Members Cordell and Freeman registered “no” votes on Item No. 5.
MOTION: Council Member Morton moved, seconded by Ojakian, to approve
Consent Calendar Item Nos. 1 and 3-8.
LEGISLATIVE
1. Adoption of an Ordinance Amending Ordinance No. 4763, Relating to
the Imposition and Collection of Certain Development Impact Fees on
Residential Dwelling Units Smaller than or Equal to 900 Square Feet.
04/19/04 97-341
Ordinance 1st Reading entitled “Ordinance of the Council of the City of
Palo Alto Amending Ordinance No. 4763, Relating to the Imposition
and Collection of Certain Development Impact Fees on Residential
Dwelling Units Smaller Than or Equal to 900 Square Feet”
ADMINISTRATIVE
3. Contract between the City of Palo Alto and J.W. Riley & Sons
Incorporated in the Amount of $291,135 for the 2004 Street
Maintenance Capital Improvement Program Phase 1 Project PE-86070
4. Contract between the City of Palo Alto and B&B Landscape
Contractors, Inc. for the Installation of an Irrigation System at Jordan
Middle School
5. Restatement and Amendment of a Four Year Contract with Bay Span
Inc. for Temporary Skilled Facilities Staff in the amount of $82,000 for
Fiscal Year 2003-04; and $73,000 for Each of the Two Additional Year
Terms
6. Request for Approval to Increase Contingency Authority to Kuehne
Construction Contract C04100292 in the Amount of $24,000 for the
Baylands Interpretive Center Roof Replacement – Capital
Improvement Project PF-00006
7. Recommendation of Staff to Deny Request for Hearing of Appeal
by Andrew Chiang of the Director of Planning and Community
Environment's Approval of the Individual Review Application (03-IR-
69) for a New Two-Story Single Family Residence Owned by Filiberto
Alvarez at 800 Sycamore Drive
8. Response to 2003-04 Santa Clara Civil Grand Jury Report, Inquiry into
the City of Palo Alto’s Code Enforcement Program
MOTION PASSED 7-0, for Item Nos. 1, 3, 4, and 6-8, Kleinberg, Mossar
absent.
MOTION PASSED 5-2 for Item No. 5, Cordell, Freeman “no,” Kleinberg,
Mossar absent.
Council Member Freeman said the temporary services contract should be an
annual renewal, not a four-year commitment.
Council Member Cordell said she voted “no” for the same reasons as Council
Member Freeman.
04/19/04 97-342
AGENDA CHANGES, ADDITIONS, AND DELETIONS
MOTION: Council Member Morton moved, seconded by Burch, to move the
Closed Session Item No. 13 forward to become Item No. 10A.
MOTION PASSED 6-1, Freeman “no,” Kleinberg, Mossar absent.
CLOSED SESSION
The meeting adjourned at 8:20 p.m. to a Closed Session.
10a. (Old Item No. 13) Conference with City Attorney -- Existing Litigation
Subject: In re Enron Corp., Debtor, U.S. Bankruptcy Court, Southern
District of New York; Case No.: 01-16034(AJG)
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 No. 13.
The City Council meeting was reconvened at 8:30 p.m.
Mayor Beecham announced there was no reportable action.
REPORTS OF COMMITTEES AND COMMISSIONS
Council Member Morton stated he would not participate in the item due to a
conflict of interest because of investment interest in AT&T.
Council Member Mossar would not participate in the item due to a conflict of
interest because of family investment interest in AT&T.
Council Member Ojakian would not participate in the item due to a conflict of
interest because of family investment interest in AT&T.
11. Utilities Advisory Commission Recommendation re Fiber To The Home
(FTTH) Business Plan Phase 2 Final Report
Ms. Harrison reminded the Council to send Fiber to the Home questions to
her for responses and posting on the web.
Director of Utilities John Ulrich said the City would allow and encourage
competitive services to utilize the fiber. Staff would present to the Utility
Advisory Committee the public testimony from the evening and return on
May 24, 2004 for further discussion with Council.
04/19/04 97-343
Thomas Passell, 766 Bryant Street, said a level playing field would be
established for telecommunications participants.
Geoff Thompson, 158 Paseo Court, Mountain View, said Palo Alto had an
opportunity to provide ethernet to its residents.
Jeff Schwartz, 345 Sheridan Avenue, said he hoped the Council would have
the courage and vision to move on quickly with the project.
Jeff Hoel, 731 Colorado Avenue said each house should get fiber and inter-
operable equipment installed.
Carroll Harrington, 830 Melville Avenue, said she was a trial resident since
its initiation and urged the Council to support the Staff recommendation.
Mike Liveright, 260 Byron Street, said FTTH would provide access to the
world without limitations.
Glenn, Lisa and Carolyn Rennels, 1232 Harriet Street, said they were happy
with their fiber internet and television access.
Jim Dinkey, 3380 Cork Oak Way, said the trial should be expanded beyond
the original 60 homes.
Wayne S. Martin, 3687 Bryant Street, said the present FTTH system did not have a power backup. Power outages could cause interruption of telephone
service to hundreds of subscribers.
Nancy Crewdson, 984 Harriet Street, said she was a trial participant and
enjoyed the speed and the reasonable cost of the system.
Bob Harrington, 1802 Fulton Street, said his home had been part of the trial
since October 2001. Palo Alto utility users saved more money per year than
neighboring communities.
Bob Smith, 2291 Greer Road, said the business plan glossed over problems,
failed to capitalize on opportunities, and did not present a realistic budget.
John Aragon, Vice President of Comcast’s Government Affairs, said
Comcast’s capabilities regarding services and technology had been included
in a letter he wrote to the Council.
Sanford Forte, 280 College Avenue, said the plan needed to be modified
before placing it on a ballot for a vote. Time was needed for the technical
deployment and the working strategic vision of the plan.
04/19/04 97-344
Terry Andre, 598 Vista Avenue, said there should be sensitivity to individuals
who were unable to financially afford or did not want the service.
Bob Moss, 4010 Orme Street, said the advantages of fiber would be
beneficial to industries and businesses in Palo Alto.
Ron Wolf, 745 San Carlos Court, said he had concerns about the process.
The City had a full agenda and should not address connectivity issues; the
free market system should address the issue.
Todd Stangel, 3722 Grove Avenue, said having a broadband internet
connection provided him with educational benefits.
Tedi Vriheas, San Mateo County External Affairs Representative for SBC
Communications, said the business plan should not be accepted as
presented.
David Harris, 455 Margarita Avenue, said private firms had taken advantage
of the residents. There would be increased demand in the future for high-
speed continuous high-volume data.
Harry Stangel, 3722 Grove Avenue, said his business utilities would cost 45
percent less than what had been paid to Pacific Gas & Electric (PG&E) with
higher reliability.
Hilda Weisberg, 1051 Channing Avenue, requested the potential business for
the City be given a Top Five priority for 2004.
Andy Poggio, 2708 Gasper Court, said risks were associated with new
endeavors and encouraged the City Council to move ahead.
Herb Borock, P.O. Box 632, said there needed to be a financing method
created to ensure individuals were not charged for a service they did not
receive. The amount of fee imposed should not exceed the proportional cost
of the service attributed to a parcel.
Michael Eager, 1960 Park Boulevard, said FTTH had many benefits. The
business plan should be firm on the future data issues.
Rajiv Parikh, 3910 Duncan Place, said FTTH would attract hi-tech companies
and individuals to thrive and grow in Palo Alto.
Alex Tesler, 3731 Middlefield Road, said if the benefits outweighed the risks,
venture capitalists would invest in Palo Alto.
04/19/04 97-345
Dave Tschang, 2253 University Avenue, East Palo Alto, said there was an
opportunity to upgrade the community with FTTH.
Richard Geiger said there was lack of information regarding the profit or loss
figures of the 66 homes that were in the trial of FTTH.
Norman Carroll, University Avenue & Emerson Street, said the City should
manage the system in the most effective manner for the residents.
Arthur Keller, 3881 Corina Way, said investment in the infrastructure should
be made immediately.
Dan Eakins, 1150 Parkinson Avenue, said his experience as a trial participant
had been positive and wanted to see FTTH continue forward.
RECESS: 10:00 p.m. to 10:05 p.m.
Mayor Beecham said the item would be brought back for a decision by
Council on May 24, 2004.
UNFINISHED BUSINESS
12. Public Hearing: The Palo Alto City Council will consider a request by
Peter Baltay of TOPOS Architects, on behalf of Jeff and Mary Thomas,
for a Site and Design application for the construction of a new 5,008
square-foot, two-story single-family residence on a 10-acre parcel
(435,000 square feet) within the Open Space zoning district of which the total impervious surface area would be 11,350 square feet
including a 6,851 square-foot asphalt driveway located at 3849 Page
Mill Road. Approval of a Mitigated Negative Declaration is requested in
accordance with California Environmental Quality Act (CEQA)
Guidelines. (To be continued to 05/03/04 at the request of staff)
MOTION: Vice Mayor Burch moved, seconded by Kishimoto, to continue the
item at the request of staff to the regular May 3, 2004, City Council meeting.
MOTION PASSED 6-0, Morton, Mossar, Ojakian “not participating.”
12A. (Old Item No. 2) 4010 Page Mill Road - Record of Land Use Action
(ROLUA) of the City Council denying an application by Cartmell/Tam
Architects on behalf of David Ditzel for a Site and Design Review to allow a 1,677 square-foot addition to an existing 3,433 single-family
residence and construction of a new swimming pool, including a
request for a variance to exceed the maximum impervious area
allowed, and a variance for extensions into the side yard and front
04/19/04 97-346
yard setbacks. Zone District: Open Space (OS). Environmental
Assessment: a Negative Declaration has been prepared for public
review and comment.
Interim City Attorney Wynne Furth said the item was a quasi-judicial matter
and the City Clerk would need to be advertised again as a Public Hearing.
Mayor Beecham said he requested the item be removed and proposed to
have the City Clerk readvertise.
MOTION: Mayor Beecham moved, seconded by Burch, to have the City
Clerk re-advertise the item for a public hearing.
Council Member Kishimoto said she supported her colleague’s interest in
reopening the hearing.
Council Member Freeman said staff had not made procedural errors.
Mayor Beecham said he made an error by not allowing the applicants a
rebuttal.
MOTION PASSED 6-0, Morton, Mossar, Ojakian absent.
12B. (Old Item No. 9) Finance Committee Recommendation Regarding Use
Of Downtown Parking Structure Surplus Construction Funds
Assistant City Manager Emily Harrison said staff would like to have the
opportunity for an additional meeting with some of the major downtown
property owners.
Mayor Beecham asked if the action would be to continue the item to a date
uncertain.
Ms. Harrison confirmed and said if a different recommendation were made, it
would be brought back to the Finance Committee.
MOTION: Vice Mayor Burch moved, seconded by Kleinberg, to continue the
item to a date uncertain.
MOTION PASSED 6-0, Morton, Mossar, Ojakian absent.
12C. (Old Item No. 10) From Planning and Transportation Commission: 321
California Avenue (Request to Continue to a Date Uncertain)
04/19/04 97-347
Gregory Kerber, Birch Court Condominium Complex, said the only issue that
should be considered that evening was the Planning and Community
Environment Director’s recommendations and appeal of July 2003.
Lisa Habbeshaw, 2504 Birch Street, said the property had been issued a
permit in June 1973. No modifications or review had been made in over 30
years.
MOTION: Vice Mayor Burch moved, seconded by Beecham, to continue the
application for a Conditional Use Permit (CUP) and an Appeal of an Existing
Use Permit to a date uncertain.
Council Member Freeman asked if a municipal code or any City procedures
had been violated during the process.
Interim City Attorney Wynne Furth said she did not know of any violations.
The City granted a Conditional Use Permit (CUP) and the applicant had
appealed. The Planning and Transportation Commission (PTC) and Planning
Department determined the most effective manner to arrive at an agreeable
solution would be to outline a new CUP.
Council Member Freeman said no violations had been made during the
process.
Ms. Furth confirmed.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER that the motion include a request that the
Assistant City Manager return with a date certain for the hearing at the May
3, 2004, City Council meeting.
Council Member Cordell said she would like to have an indepth conversation
with someone in the Planning Department for clarification.
Council Member Kishimoto said the staff report (CMR:233:04) was
confusing.
Council Member Freeman said there was an opportunity for a partnership to
emerge.
MOTION PASSED 6-0, Morton, Mossar, Ojakian absent.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
04/19/04 97-348
Vice Mayor Burch noted that Transit Management Systems Coordinator
Amanda Jones conducted transit tours that were appreciated by the senior
citizens of Palo Alto and the City Council.
Council Member Freeman noted she and Council Member Kishimoto held
sidewalk office hours at Piazza’s and talked to several Palo Alto citizens.
Council Member Kleinberg requested the meeting be adjourned in memory
of over six million people who died in the Holocaust and many others who
had died due to xenophobia.
FINAL ADJOURNMENT: The meeting adjourned at 10:32 p.m. in memory of
over six million people who died in the Holocaust and many others who had
died due to xenophobia.
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto
Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing
Committee meeting tapes are made solely for the purpose of facilitating the
preparation of the minutes of the meetings. City Council and Standing
Committee meeting tapes are recycled 90 days from the date of the
meeting. The tapes are available for members of the public to listen to
during regular office hours.
04/19/04 97-349