HomeMy WebLinkAbout2007-08-06 City Council Summary Minutes
1 08/06/07
Special Meeting
August 6, 2007
STUDY SESSION ...................................................................................6
1. Presentation of the Build It Green Program.......................................6
1A. (Old #27) CONFERENCE WITH CITY ATTORNEY – ANTICIPATED
LITIGATION .................................................................................6
ORAL COMMUNICATIONS .......................................................................6
SPECIAL ORDERS OF THE DAY ................................................................7
2. Vote and Appointment of Candidate to the Planning and Transportation
Commission .................................................................................7
3. Vote and Appointment of Candidate to the Library Advisory
Commission .................................................................................7
4. Proclamation Commending the Service of Margo Dutton to the Children
and Families of Palo Alto ................................................................7
CONSENT CALENDAR.............................................................................8
5. Approval of Response to Santa Clara County Civil Grand Jury’s Report
Regarding Improvements Needed for Disaster Preparedness in Santa
Clara County ................................................................................9
6. Resolution 8741 entitled “Resolution of the Council of the City of Palo
Alto Adopting a Compensation Plan for Management and Professional
Personnel and Council Appointees and Rescinding Resolution Nos.
8554, 8593, 8609 and 8622; and Resolution 8748 entitled “Resolution
of the Council of the City of Palo Alto Amending Section 1701 of the
Merit System Rules and Regulations to Incorporate the 2007-2008
Compensation Plan for Management and Professional Personnel and
Council Appointees”......................................................................9
08/06/07 2
7. Approval of a Request for Proposals to Sublease a Portion of the
University Avenue Depot, 95 University Avenue for a Café Service .......9
8. Approval of a Utilities Enterprise Fund Contract with Ranger Pipelines,
Inc. in the Amount of $944,800 for Wastewater Collection System
Rehabilitation Capital Improvement Program WC-06003 Project 19A ....9
9. 1st Reading – Ordinance Approving and Adopting a Park Improvement
Ordinance and an Improvement Plan for John Boulware Park; and
Approving a Contract with No Fault Asphalt Incorporated in the
Amount of $243,466 for Construction of John Boulware Park
Landscape Improvements – Capital Improvement Program Project PE-
07006 .........................................................................................9
10. Approval of Agreement in the Amount of $370,000 with Palo Alto
Senior Housing Project, Inc. for Funds Allocated During Fiscal Year
2006/07 Under the Community Development Block Grant (CDBG)
Program ......................................................................................9
11. 1st Reading – Ordinance Approving and Adopting a Park Improvement
Ordinance and an Improvement Plan for Herbert Hoover Park; and
Approval of a Contract with Santa Clara Construction and Engineering,
Inc. in the Amount of $552,798 for Construction of Herbert Hoover
Park Improvements – Capital Improvement Program Project PE-07002 9
12. Ordinance xxxx entitled “Ordinance of the Council of the City of Palo
Alto Adopting the Budget for the Fiscal Year 2007-08 to Provide an
Additional Appropriation of $2,934,577 to Capital Improvement
Program (CIP) SD-06102, San Francisquito Creek Storm Water Pump
Station; and.................................................................................9
13. Approval of a Utilities Enterprise Fund Contract with K. J. Woods
Construction, Inc. in the Amount of $228,850 for Trenching and the
Installation of Electric Substructures at El Camino Real and Quarry
Road for Relocation of Alma Substation Capital Improvement Project
(EL-05003)..................................................................................10
14. Approval of Utilities Enterprise Fund Contracts with Cooper Power
Systems Incorporated in the Not to Exceed Amount of $500,000 and
Howard Industries Incorporated in the Not to Exceed Amount of
$300,000 for the Purchase of Electric Distribution Transformers
Required for Capital Improvement Projects and to Provide Service to
New Customers ............................................................................10
15. Resolution xxxx entitled “Resolution of the Council of the City of Palo
Alto Supporting the Focus Our Vision (Focus) Program and Authorizing
08/06/07 3
Submission of an Application to Designate the Area in the Vicinity of
the California Avenue Caltrain Station as a Priority Development Area“.10
16. Resolution 8742 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the City Manager to Sign and File a Financial
Assistance Application for a State Revolving Fund Loan in an Amount
Not to Exceed Twenty-Five Million Dollars from the State Water
Resources Control Board on Behalf of the Palo Alto Regional Water
Quality Control Plant for the Design and Construction of the UV
Disinfection Facility; and Approval of Wastewater Treatment Enterprise
Fund Amendment No. 1 to Contract No. C06116829 with RMC Water &
Environment in the Amount of $1,000,000 for Design Services for the
Ultra-Violet Disinfection System at the Regional Water Quality Control
Plant”..........................................................................................10
AGENDA CHANGES, ADDITIONS, AND DELETIONS.....................................10
16A. (Old #15) Resolution 8743 entitled “Resolution of the Council of the
City of Palo Alto Supporting the Focus Our Vision (Focus) Program and
Authorizing Submission of an Application to Designate the Area in the
Vicinity of the California Avenue Caltrain Station as a Priority
Development Area (PDA)”..............................................................10
16B. (Old #12) Ordinance 4963 entitled “Ordinance of the Council of the
City of Palo Alto Adopting the Budget for the Fiscal Year 2007-08 to
Provide an Additional Appropriation of $2,934,577 to Capital
Improvement Program (CIP) SD-06102, San Francisquito Creek Storm
Water Pump Station; and...............................................................12
UNFINISHED BUSINESS .........................................................................13
17. Approval of an Acquisition and Development Agreement Between the
City of Palo Alto, Eden Housing, Inc. and Community Housing Alliance,
Inc. for the Proposed Alma Street Affordable Multi-Family Rental
Housing Project ............................................................................13
18. Colleague’s Memo from Mayor Kishimoto and Council Members
Beecham and Drekmeier Recommending the Council to Direct Staff to
Explore the Feasibility of College Terrace Parking Permit Program .......14
PUBLIC HEARINGS ................................................................................15
19. Resolution 8744 entitled “Resolution of the Council of the City of Palo
Alto Confirming Weed Abatement Report and Ordering Cost of
Abatement to be a Special Assessment of the Respective Properties
Herein Described”.........................................................................15
08/06/07 4
20. 1st Reading - Ordinance Amending Section 18.76.020 of Chapter 18.76
and Section 18.77.020 of Chapter 18.76 of Title 18 of the Palo Alto
Municipal Code to Provide a Sustainability and Green Building Finding
(18.76.020 (D)(15)) and Add Council Adopted Sustainability Policies in
the Section on Applications (18.77.020(A))......................................16
21. Approval of a Record of Land Use Action and Request for a Tentative
Map of Park Plaza: for Condominium Purposes to Merge Three Parcels
into One Parcel to Allow for Legal Separation of Ownership for 84
Residential Condominium Units on the Upper Floors and 11 Research
and Development Condominium Units on the Ground Floor, and a
Negative Declaration at 2865 Park Boulevard and 195 Page Mill Road ..17
REPORTS OF OFFICIALS.........................................................................17
22. Authorization of a Letter from the Mayor to the Santa Clara Valley
Transportation Authority (VTA) Board of Directors in Opposition to the
Comprehensive Operations Analysis Recommendations for Bus Service
in Palo Alto ..................................................................................17
23. Resolution 8747 entitled “Resolution of the Council of the City of Palo
Alto Declaring the Councils’ Intention to Levy Reassessments and to
Issue Refunding Bonds; Resolution 8746 entitled “Resolution of the
Council of the City of Palo Alto Adopting a Reassessment Report,
Confirming and Ordering the Reassessment by Summary Proceedings
and Authorizing and Directing Related Actions”; and Resolution 8745
entitled “Resolution of the Council of the City of Palo Alto Authorizing
the Issuance of Refunding Bonds and Approval” and Authorizing
Related Documents and Actions for the University Avenue Off-Street
Parking Assessment District Limited Obligation Improvement Bonds”...19
COUNCIL MATTERS ...............................................................................19
24. Colleague’s Memo from Vice Mayor Klein and Council Members Barton
and Drekmeier Recommending the Council to Direct Staff to Study the
Pros and Cons of Maintaining a Composting Facility in Palo Alto ...........19
25. Designation of Voting Delegate and Alternates for the League of
California Cities Annual Conference .................................................21
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM
CONFERENCES .............................................................................21
CLOSED SESSION .................................................................................23
08/06/07 5
26. CONFERENCE WITH CITY ATTORNEY -- EXISTING LITIGATION
Subject: Alyssa C. v. City of Palo Alto, U.S. District Court, Northern
District of California, Case No.: C0701112 ........................................23
ADJOURNMENT: The.............................................................................23
08/06/07 6
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:03 p.m.
Present: Barton, Beecham, Drekmeier, Kishimoto, Klein, Kleinberg,
Morton, Mossar
Absent: Cordell
Council Member Mossar requested to move Closed Session Item 27 forward
and the Study Session would be complete by 6:30.
City Attorney Gary Baum stated Closed Session Item 26 would remain at the
end of the agenda.
Mayor Kishimoto stated Item 27 would be moved forward to become Item
1A.
MOTION: Council Member Mossar moved, seconded by Morton, to move
Item 27 forward to become Item 1A so it would be heard at 6:30 p.m. and,
if possible, the City Attorney would try to move Item 26 to be heard at the
same time.
Mr. Baum stated Item No. 27 would be first since he was the presenter.
MOTION PASSED 7-1, Klein no, Cordell absent.
STUDY SESSION
1. Presentation of the Build It Green Program
No action required.
1A. (Old #27) CONFERENCE WITH CITY ATTORNEY – ANTICIPATED
LITIGATION
Subject: Significant exposure to litigation on one matter
Authority: Government Code Section 54956.9 (b)(3)(A)
Mayor Kishimoto stated no reportable action was taken.
ORAL COMMUNICATIONS
Joe Rolfe, 1360 Emerson Street, spoke regarding non-profit organizations at
the Palo Alto Art & Wine Festival being moved out of the line of direct
communication with the community.
08/06/07 7
Greg Kerber, Birch Street, spoke concerning police misconduct regarding the
Policy of Human Rights.
SPECIAL ORDERS OF THE DAY
2. Vote and Appointment of Candidate to the Planning and Transportation
Commission
First Round of Voting for the Planning and Transportation Commission
Voting for Lee Lippert BARTON, BEECHAM, DREKMEIER, KISHIMOTO,
KLEIN, KLEINBERG, MORTON, MOSSAR
City Clerk Donna Rogers announced on the 1st ballot, Lee Lippert with eight
(8) votes with Council Member Cordell absent, was appointed to the Planning
and Transportation Commission for a four-year term ending July 31, 2011.
3. Vote and Appointment of Candidate to the Library Advisory
Commission
First Round of Voting for the Library Advisory Commission
Voting for Christina Detchemendy BARTON, DREKMEIER, KISHIMOTO
Voting for Robert Redfern-West BEECHAM, KLEINBERG, MORTON,
MOSSAR
Voting for Ann Shelby Valentine KLEIN
City Clerk Donna Rogers announced that Council must take another vote
since none of the candidates obtained the requisite five votes needed for
appointment.
Second Round of Voting for the Library Advisory Commission
Voting for Christina Detchemendy BARTON, KISHIMOTO
Voting for Robert Redfern-West BEECHAM, DREKMEIER, KLEIN,
KLEINBERG, MORTON, MOSSAR
Ms. Rogers announced on the 2nd ballot, Robert Redfern-West with six (6)
votes was appointed to the Library Advisory Commission to fill an unexpired
term ending January 31, 2008.
4. Proclamation Commending the Service of Margo Dutton to the Children
and Families of Palo Alto
08/06/07 8
Margo Dutton thanked the Council for the opportunity to serve the
community.
No action required.
CONSENT CALENDAR
Vice Mayor Klein stated he would not participate in Item 7 due to a conflict
of interest because his wife was employed by Stanford University.
Council Member Mossar stated she would not participate in Item 7 due to a
conflict of interest because her husband was employed by Stanford
University.
Mayor Kishimoto noted an amendment to Item No. 6 had been put before
the Council as an at places item.
Nicholas Jellins, 841 Menlo Avenue, Menlo Park, spoke regarding the move
of businesses to accommodate the construction for Item No. 12.
Robert Moss, 4010 Orme Street, suggested reconsideration of the project
map for Item No. 15 in reference to Fry’s Electronics.
Scott Yeman, 2025 E. Bayshore, stated concern for the easements requested
on their property by the project.
Bob Budelli, 2027 E. Bayshore, requested more time to complete the move
from the property in question for Item No. 12.
MOTION: Council Member Morton moved, seconded by Klein, to pull Item
15 from the Consent Calendar to become Item 16A
Council Member Mossar asked the result of delaying the project to allow
Ciardella’s to complete their move from the property.
Director of Public Works Glenn Roberts stated there were three concerns to
delay the project. The award of the contract needed to be approved tonight
prior to the bid expiration; the easement lines were movable; and there has
been demonstrated history on the assistance to maintain Ciardella’s.
MOTION: Council Member Mossar moved, seconded by Kleinberg, to pull
Item 12 from the Consent Calendar to become Item 16B.
MOTION: Council Member Barton moved, seconded by Morton, to approve
Consent Calendar Item Nos. 5 through 16.
08/06/07 9
5. Approval of Response to Santa Clara County Civil Grand Jury’s Report
Regarding Improvements Needed for Disaster Preparedness in Santa
Clara County
6. Resolution 8741 entitled “Resolution of the Council of the City of Palo
Alto Adopting a Compensation Plan for Management and Professional
Personnel and Council Appointees and Rescinding Resolution Nos.
8554, 8593, 8609 and 8622; and Resolution 8748 entitled “Resolution
of the Council of the City of Palo Alto Amending Section 1701 of the
Merit System Rules and Regulations to Incorporate the 2007-2008
Compensation Plan for Management and Professional Personnel and
Council Appointees”
7. Approval of a Request for Proposals to Sublease a Portion of the
University Avenue Depot, 95 University Avenue for a Café Service
8. Approval of a Utilities Enterprise Fund Contract with Ranger Pipelines,
Inc. in the Amount of $944,800 for Wastewater Collection System
Rehabilitation Capital Improvement Program WC-06003 Project 19A
9. 1st Reading – Ordinance Approving and Adopting a Park Improvement
Ordinance and an Improvement Plan for John Boulware Park; and
Approving a Contract with No Fault Asphalt Incorporated in the
Amount of $243,466 for Construction of John Boulware Park
Landscape Improvements – Capital Improvement Program Project PE-
07006
10. Approval of Agreement in the Amount of $370,000 with Palo Alto
Senior Housing Project, Inc. for Funds Allocated During Fiscal Year
2006/07 Under the Community Development Block Grant (CDBG)
Program
11. 1st Reading – Ordinance Approving and Adopting a Park Improvement
Ordinance and an Improvement Plan for Herbert Hoover Park; and
Approval of a Contract with Santa Clara Construction and Engineering,
Inc. in the Amount of $552,798 for Construction of Herbert Hoover
Park Improvements – Capital Improvement Program Project PE-07002
12. Ordinance xxxx entitled “Ordinance of the Council of the City of Palo
Alto Adopting the Budget for the Fiscal Year 2007-08 to Provide an
Additional Appropriation of $2,934,577 to Capital Improvement
Program (CIP) SD-06102, San Francisquito Creek Storm Water Pump
Station; and
08/06/07 10
Approval of Amendment Number 1 to Contract No. C06113651
between the City of Palo Alto and Schaaf & Wheeler, Consulting Civil
Engineers.
13. Approval of a Utilities Enterprise Fund Contract with K. J. Woods
Construction, Inc. in the Amount of $228,850 for Trenching and the
Installation of Electric Substructures at El Camino Real and Quarry
Road for Relocation of Alma Substation Capital Improvement Project
(EL-05003)
14. Approval of Utilities Enterprise Fund Contracts with Cooper Power
Systems Incorporated in the Not to Exceed Amount of $500,000 and
Howard Industries Incorporated in the Not to Exceed Amount of
$300,000 for the Purchase of Electric Distribution Transformers
Required for Capital Improvement Projects and to Provide Service to
New Customers
15. Resolution xxxx entitled “Resolution of the Council of the City of Palo
Alto Supporting the Focus Our Vision (Focus) Program and Authorizing
Submission of an Application to Designate the Area in the Vicinity of
the California Avenue Caltrain Station as a Priority Development Area“
16. Resolution 8742 entitled “Resolution of the Council of the City of Palo
Alto Authorizing the City Manager to Sign and File a Financial
Assistance Application for a State Revolving Fund Loan in an Amount
Not to Exceed Twenty-Five Million Dollars from the State Water
Resources Control Board on Behalf of the Palo Alto Regional Water
Quality Control Plant for the Design and Construction of the UV
Disinfection Facility; and Approval of Wastewater Treatment Enterprise
Fund Amendment No. 1 to Contract No. C06116829 with RMC Water &
Environment in the Amount of $1,000,000 for Design Services for the
Ultra-Violet Disinfection System at the Regional Water Quality Control
Plant”
MOTION PASSED for items 5, 6, 8-11, 13, 14 & 16 8-0, Cordell absent.
MOTION PASSED for item 7: 6-0, Klein, Mossar not participating, Cordell
absent.
AGENDA CHANGES, ADDITIONS, AND DELETIONS
16A. (Old #15) Resolution 8743 entitled “Resolution of the Council of the
City of Palo Alto Supporting the Focus Our Vision (Focus) Program and
Authorizing Submission of an Application to Designate the Area in the
Vicinity of the California Avenue Caltrain Station as a Priority
Development Area (PDA)”
08/06/07 11
Council Member Morton questioned the possibility to adjust the map to not
incorporate the Fry’s Electronics property.
Director of Planning and Community Environment Steve Emslie stated the
map could be adjusted to eliminate the Fry’s Electronics area.
Council Member Morton asked for staff’s position.
Mr. Emslie stated staff’s position was that the area be included in the map
since the PDA and the Focus Program are about transportation and
connection and not exclusively about redevelopment.
Council Member Morton asked whether the chance of qualification for State
bonds would be impaired if the area was removed.
Mr. Emslie stated no.
Council Member Morton stated Fry’s Electronics could be added in later.
Mr. Emslie stated the program recommended the area be 100 acres.
Removing Fry’s Electronics from the map would leave approximately 88
acres.
Council Member Morton requested that consideration be given to removing
Fry’s Electronics from the designation.
Vice Mayor Klein moved to strike the Fry’s Electronics area from the PDA.
MOTION: Council Member Morton moved, seconded by Klein, to approve
the staff recommendation with the removal of Fry’s Electronics site from the
Priority Development Area (PDA) and Pedestrian Transient Oriented
Development (PTOD).
Council Member Mossar stated the larger area, including Fry’s Electronics,
had been a study area in the Comprehensive Plan from the beginning.
Council Member Morton encouraged the removal of Fry’s Electronics, which
could be added at a future time.
Herb Borock, P.O. Box 632, stated this issue is a serious planning issue and
requires a recommendation from the Planning and Transportation
Commission.
Mayor Kishimoto stated the item will go through the Planning and
Transportation Commission.
08/06/07 12
MOTION FAILED 2-6 Klein, Morton yes, Cordell absent.
MOTION: Council Member Mossar moved, seconded by Kleinberg, to
approve staff recommendation to:
1) Adopt the Resolution of Local Support for the California
Avenue/Ventura Priority Development Area; and
2) Authorize the City Manager, or his designee, to execute the
necessary documents to accept the designation and to comply
with any Association of Bay Area Government (ABAG) reporting
requirements.
AMENDMENT: Vice Mayor Klein moved, seconded by Morton, that the
Council exclude on Page 3 of the City Manager’s Report, “The Fry’s site is an
integral part of the PDA, anchoring the Southern portion of the area.
Redevelopment of this area could facilitate pedestrian and bicycle linkages to
California Avenue and the Caltrain station. It also has the potential for
incorporating additional parkland or open space into the area.”
AMENDMENT FAILED 2-6 Klein, Morton yes, Cordell absent.
MOTION PASSED 8-0 Cordell absent.
16B. (Old #12) Ordinance 4963 entitled “Ordinance of the Council of the
City of Palo Alto Adopting the Budget for the Fiscal Year 2007-08 to
Provide an Additional Appropriation of $2,934,577 to Capital
Improvement Program (CIP) SD-06102, San Francisquito Creek Storm
Water Pump Station; and
Approval of Amendment Number 1 to Contract No. C06113651
between the City of Palo Alto and Schaaf & Wheeler, Consulting Civil
Engineers.
Council Member Mossar stated it is important to accommodate Ciardella’s
move schedule and perhaps Senator Simitian’s Office would be helpful.
Director of Public Works Glenn Roberts stated staff would work with Cal-
Trans to expedite Ciardella’s move.
MOTION: Council Member Mossar moved, seconded by Kleinberg, to
approve the staff recommendation for the ordinance and Amendment No. 1
and to request staff assist Ciardella’s transition from their current site to
their new site.
MOTION PASSED 8-0 Cordell absent.
08/06/07 13
UNFINISHED BUSINESS
17. Approval of an Acquisition and Development Agreement Between the
City of Palo Alto, Eden Housing, Inc. and Community Housing Alliance,
Inc. for the Proposed Alma Street Affordable Multi-Family Rental
Housing Project
MOTION: Council Member Barton moved, seconded by Morton, to approve
the staff recommendation for the Alma Street Affordable Multi-Family Rental
Housing Project Acquisition and Development Agreement (ADA) between the
City, Eden Housing and the Community Housing Alliance (CHA), as
amended. The Agreement provides for the conveyance of the Alma
Substation parcel to Eden Housing and CHA, a City loan of $3 million for
acquisition of the adjacent Ole’s Automotive Repair Shop parcel and general
parameters for future development of the combined site.
Vice Mayor Klein asked whether the amendment needed to be moved by the
majority.
City Attorney Gary Baum stated no.
AMENDMENT: Vice Mayor Klein moved, seconded by Morton, to add the
provision to the contract that the building be LEED silver certified.
Council Member Kleinberg stated she did not support the amendment.
Council Member Barton stated he did not support the amendment.
Mayor Kishimoto asked whether the intention was to be LEED Certified or the
equivalent.
Director of Planning and Community Environment Steve Emslie stated he
would confer with the builder.
Council Member Mossar stated she did not support the amendment.
Mr. Emslie stated the applicant was willing to commit to the Green Point
standard.
REVISED AMENDMENT: Vice Mayor Klein moved, seconded by Morton, to
add the provision to the contract that the building would need to be green
point rated (Build It Green).
AMENDMENT PASSED 5-3 Barton, Beecham, Mossar no, Cordell absent.
MOTION PASSED 8-0 Cordell absent.
08/06/07 14
18. Colleague’s Memo from Mayor Kishimoto and Council Members
Beecham and Drekmeier Recommending the Council to Direct Staff to
Explore the Feasibility of College Terrace Parking Permit Program
Council Member Barton stated he would not participate in Item 18 because
he has a conflict of interest since he has a client in the neighborhood.
Council Member Beecham asked staff to comment on the cost of
implementing the recommendation.
Mr. Emslie stated the recommendation came with designated resources,
which enabled the completion of the study without affecting staff workload.
Council Member Beecham asked whether there was a need to absorb
resources from other departments.
Mr. Emslie stated there was a need for collaboration but no more than a
typical multi-departmental project.
MOTION: Council Member Beecham moved, seconded by Drekmeier, to
approve the recommendation to direct staff to initiate an assessment of a
residential parking permit program in College Terrace and report the results
back to Council. The assessment would include approximately two outreach
meetings in the community to conceptually design a potential program and a
survey of all households to ascertain support. Staff would be authorized to
retain outside expertise as needed to supplement staff, using funds
deposited with the City from Stanford University for the College Terrace
permit parking program pursuant to the 2000 General Use Permit conditions
of approval.
Council Member Morton questioned the probability of migration of parking
traffic between California Avenue and PALY.
Mr. Emslie stated a key element in the scope of the contract would be the
effects of moving traffic.
Council Member Mossar noted concern about fundamental policy questions
that had not been asked prior to having staff study implementation.
Vice Mayor Klein asked for a timeline
Mr. Emslie stated it would take 12 months to return with a recommendation.
Vice Mayor Klein felt a definitive timeline needed to be set and asked why
the proposal was $100,000 for consulting services.
08/06/07 15
Mr. Emslie stated the requested data was not expected to utilize the full
amount proposed.
Vice Mayor Klein supported the study and requested to move the
assessment forward within a shorter timeframe than proposed.
Council Member Kleinberg would not support the study without having
consensus from the neighborhood in question and the involvement of the
community causing the problem.
Council Member Beecham asked whether there were funds dedicated for the
purpose of the regional program.
Mr. Emslie stated yes.
Council Member Beecham noted most college neighborhoods were permitted
parking.
Council Member Morton asked about the difficulty of starting the feasibility
study with the question to the residents of needing the permit program.
Mayor Kishimoto supported the study.
INCORPORATED INTO MOTION WITH CONSENT OF MAKER AND
SECONDER to direct staff to provide a status report prior to August 2008.
MOTION PASSED 5-2, Kleinberg, Mossar no, Barton not participating,
Cordell absent.
PUBLIC HEARINGS
19. Resolution 8744 entitled “Resolution of the Council of the City of Palo
Alto Confirming Weed Abatement Report and Ordering Cost of
Abatement to be a Special Assessment of the Respective Properties
Herein Described”
Mayor Kishimoto read the script on weed abatement and asked the City
Clerk whether she had received any written objections.
City Clerk Donna Rogers stated no.
Council Member Mossar stated Stanford University was on the list of
properties and inquired as to the conflicts to Council Members.
City Attorney Gary Baum stated the amount was less than $250,000 and
08/06/07 16
there was no contract involved and, therefore, there were no conflicts.
Public Hearing was opened and closed at 8:24 p.m.
Mayor Kishimoto stated since no individuals appeared or filed written
objections against the weed abatement assessments, the Resolution passed
by the Council on this matter will reflect the finding.
MOTION: Council Member Klein moved, seconded by Drekmeier, to
approve staff’s recommendation to hear and consider objections from
affected property owners of proposed assessments related to completed
weed abatement work and adopt the resolution to approve and/or modify
the assessments for weed abatement.
MOTION PASSED: 8-0 Cordell absent.
20. 1st Reading - Ordinance Amending Section 18.76.020 of Chapter 18.76
and Section 18.77.020 of Chapter 18.76 of Title 18 of the Palo Alto
Municipal Code to Provide a Sustainability and Green Building Finding
(18.76.020 (D)(15)) and Add Council Adopted Sustainability Policies in
the Section on Applications (18.77.020(A))
Council Member Drekmeier stated the Council was amending the Municipal
Code with considerable work to follow.
Mr. Emslie stated yes.
Council Member Drekmeier requested that there be incentives for adaptive
reuse of the old building materials.
MOTION: Council Member Morton moved, seconded by Barton, to approve
the Planning and Transportation Commission (P&TC), Architectural Review
Board (ARB) and staff recommendations to adopt the Ordinance which will:
1) Amend the Palo Alto Municipal Code (PAMC) Section 18.76.020
(d) Findings, (15), to provide a sustainability finding for ARB
approval similar to that found in Section 18.16.090(b)(8) for
Commercial District Context-Based Design Considerations and
Findings, and
2) Amend the PAMC Section 18.77.020 Applications (a) Filing of
application and application contents, to add item (5) ‘Council-
adopted Sustainability Policies,’ allowing staff to require
information regarding the proposed sustainable features of the
three categories of projects subject to Chapter 18.77 (namely,
projects subject to the standard staff review, architectural
review and low-density residential review processes.)
08/06/07 17
Mr. Baum stated the amendments are legally viable and he is ready to
proceed.
Council Member Barton stated the staff recommendation was the issue for
discussion. As seconder of the motion, there would not be a discussion of
telling the community how to build.
Council Member Mossar agreed the community did not appreciate being told
what can and cannot be done on their private property.
MOTION PASSED: 8-0 Cordell absent.
21. Approval of a Record of Land Use Action and Request for a Tentative
Map of Park Plaza: for Condominium Purposes to Merge Three Parcels
into One Parcel to Allow for Legal Separation of Ownership for 84
Residential Condominium Units on the Upper Floors and 11 Research
and Development Condominium Units on the Ground Floor, and a
Negative Declaration at 2865 Park Boulevard and 195 Page Mill Road
MOTION: Council Member Kleinberg moved, seconded by Mossar to
continue this Item 21 to a date uncertain.
MOTION PASSED: 8-0 Cordell absent.
REPORTS OF OFFICIALS
22. Authorization of a Letter from the Mayor to the Santa Clara Valley
Transportation Authority (VTA) Board of Directors in Opposition to the
Comprehensive Operations Analysis Recommendations for Bus Service
in Palo Alto
Transportation Manager Gayle Likens noted corrections that had been made
to the staff report.
Mayor Kishimoto stated she had been working with VTA in supporting the
City transit service, acknowledging there is a City shuttle service paid for
through the General Fund.
John Risto stated VTA intended to work with the City to accommodate the
needs by adjustments or modifications of services.
Penny Ellson, 513 El Capiton Place, recommended maintaining Route 88 in
some manner.
Norman Carroll, 3061 Emerson Street, addressed the need for maintaining
open lines of service throughout the City.
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Arthur Keller, 3881 Corina Way, spoke regarding the bus lines associated
with the schools and their time schedules.
Herb Borock, P.O. Box 632, suggested involving the community with the
routes and quality of the lines.
Robert Moss, 4010 Orme Street, stated in order to maintain ridership, the
lines needed to be more efficient.
Council Member Mossar stated the response to VTA needed to state reasons
why Palo Alto deserves better service.
MOTION: Council Member Mossar moved, seconded by Barton, to request
staff to strengthen the language in the letter to the Valley Transportation
Authority with reasons why Palo Alto deserves a good transit system and
provides the history about how Palo Alto got into a situation where the
transit system was inadequate.
Mayor Kishimoto asked why VTA determined to change the line in January of
2008.
Mr. Risto stated the staff proposed a balance between service and cost
neutral.
Mayor Kishimoto asked whether the changes were considered budgetary or
needs based.
Mr. Risto stated the goal was to maintain service within a budget.
Mayor Kishimoto stated the understanding from Mr. Burns was that it would
not be budgetary.
Mr. Risto stated there was room for adjustment within the proposed plan. If
one area required more service than another area, it would be adjusted to
maintain the budgetary structure of VTA.
Vice Mayor Klein asked for clarification on the adjustment of service.
Mr. Risto stated the original objective was to keep it cost neutral. If there
were additional resources for one community, there would be reduced
service levels elsewhere.
Vice Mayor Klein asked what the criteria were for the study.
Mr. Risto stated the criteria of the comprehensive operational analysis (COA)
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were to apply the standards of ridership.
Vice Mayor Klein asked if the previous study was done on Palo Alto.
Mr. Risto stated no. The community bus service would be a special effort.
Vice Mayor Klein asked what the criteria were for the community bus
service.
Mr. Risto stated the he did not have the detailed route criteria.
Vice Mayor Klein supported the motion.
Council Member Kleinberg stated the COA is focused on efficiency, cost
neutrality, and service in the core area with the greatest potential for
increased ridership. The quality of service or community concern are not
mentioned in the COA.
Council Member Morton proposed no changes be made to the VTA schedule
until the study was complete and the shortfalls were worked out.
MOTION PASSED: 8-0 Cordell absent.
23. Resolution 8747 entitled “Resolution of the Council of the City of Palo
Alto Declaring the Councils’ Intention to Levy Reassessments and to
Issue Refunding Bonds; Resolution 8746 entitled “Resolution of the
Council of the City of Palo Alto Adopting a Reassessment Report,
Confirming and Ordering the Reassessment by Summary Proceedings
and Authorizing and Directing Related Actions”; and Resolution 8745
entitled “Resolution of the Council of the City of Palo Alto Authorizing
the Issuance of Refunding Bonds and Approval” and Authorizing
Related Documents and Actions for the University Avenue Off-Street
Parking Assessment District Limited Obligation Improvement Bonds”
MOTION: Council Member Morton moved, seconded by Barton, to approve
the Resolutions.
MOTION PASSED: 7-0 Cordell, Mossar absent.
COUNCIL MATTERS
24. Colleague’s Memo from Vice Mayor Klein and Council Members Barton
and Drekmeier Recommending the Council to Direct Staff to Study the
Pros and Cons of Maintaining a Composting Facility in Palo Alto
Council Member Drekmeier stated the current Zero Waste Operational Plan
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has been heard by the Policy and Services Committee and the Council.
MOTION: Council Member Drekmeier moved, seconded by Klein, to direct
staff to study the pros and cons of maintaining a composting facility in Palo
Alto. Specifically, staff would be asked to:
1) Quantify the reduction in greenhouse gas emissions that would
result from maintaining a composting facility in Palo Alto.
2) Compare the financial costs of composting in Palo Alto versus
transporting green waste off-site.
3) Compare the pros and cons of in-vessel composting with windrow
composting, with particular attention paid to land acreage needed
and overall cost.
4) Explore potential locations for a composting facility, including
somewhere on the current landfill site, other land in the vicinity of
the Palo Alto Regional Water Quality Control Plant (RWQCP), the
unused portion of the Palo Alto airport bordering Embarcadero
Road, and the Los Altos Water Treatment Plant.
5) Analyze the impact on Byxbee Park of maintaining a composting
facility near the RWQCP.
Emily Renzel, 1056 Forest Avenue, recommended the Operational Report be
consistent with the adoption of the strategic plan on a regional approach.
Ralph Britton, 240 Rinconada, urged the removal of the Airport for
consideration of the composting site.
Council Member Morton noted there would be the loss of rent for the current
composting site and the cost to transport the composting outside of the
community.
Council Member Mossar asked about the staff commitment to fill the items
included in the Motion.
Glenn Roberts stated staff was prepared to follow Council direction. He
stated staff would return with a work plan and schedule early this fall.
Council Member Kleinberg stated her concern for turning dedicated parkland
into a composting site.
AMENDMENT: Council Member Kleinberg moved, seconded by Kishimoto,
to modify Item 4) to remove the language that refers to the current landfill
site, which is dedicated parkland, and the language that refers to the unused
portion of Palo Alto Airport
Mayor Kishimoto stated the Baylands Master Plan called for a portion of the
Airport to be incorporated.
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Council Member Beecham asked for the cost to complete the effort.
Mr. Roberts stated he would not provide an amount at this time.
Council Member Beecham did not support the Motion.
Council Member Morton supported the Motion.
Vice Mayor Klein did not support the Amendment.
AMENDMENT FAILED: 2-6, Kishimoto, Kleinberg yes, Cordell absent.
Mayor Kishimoto did not support the Motion and asked for an update on the
Baylands Master Plan.
Mr. Emslie stated staff was approximately six to nine months away from a
complete recommendation to the Council regarding the Baylands Master
Plan.
MOTION PASSED 5-3, Beecham, Kishimoto, Kleinberg no, Cordell absent.
25. Designation of Voting Delegate and Alternates for the League of
California Cities Annual Conference
Mayor Kishimoto nominated Council Member Barton as the delegate.
Council Member Barton stated although he would be able to attend the
conference, but he had a commitment the day of the vote.
Mr. Baum stated the rules had changed and League staff can no longer
attend in place of a Council Member.
Ms. Rogers agreed stating a Council Member must attend.
MOTION: Mayor Kishimoto moved, seconded by Mossar, to designate
Council Member Barton as the voting delegate for the 2007 League
Conference.
MOTION PASSED 8-0, Cordell absent.
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Council Member Mossar suggested Will Travis, Executive Director of the San
Francisco Bay Conservation and Development Commission (BCDC), be
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invited to make a presentation to the Council on Global Climate Change in
the San Francisco Bay Area.
Council Member Drekmeier noted non-profits should be able to set up
information tables at Lytton Plaza, which is a public park. He also noted a
potential union strike of Prudential Overall Supply Inc., Milpitas, whom Palo
Alto uses for cleaning uniforms. He questioned the protocol of a Council
Member writing a letter to the company.
Council Member Kleinberg stated individual Council Members could address
their own position on issues but could not speak for the Council.
Vice Mayor Klein noted he attended a dinner of the Central Division of
California League of Cities. Topics discussed were relationships with the
media, various pieces of legislation pending on Proposition 90, and major
restrictions to zoning properties. He stated concerns regarding the wide
range of individuals who provided negative comments regarding the
deficiencies of the City’s new website.
Director of Administrative Services Carl Yeats said staff was reviewing the
negative comments received on the City’s new website.
Council Member Kleinberg said she had received many negative comments
from the community regarding the City’s new website.
Vice Mayor Klein said a policy should be established to resolve the
controversial issue of Fire Department personnel attending funerals.
Mr. Yeats said staff was working on the issue.
Council Member Kleinberg asked whether the Council would be involved in
the Fire Department issue.
Mr. Yeats said staff was working with the City Manager on whether a Fire
Department vehicle could be taken out of the City limits.
Council Member Barton said it was important for comments or issues with
the City’s new website to be made with the link at the bottom of the
webpage so feedback would be received by the authors of the website.
Council Member Morton asked whether his attendance was imperative for a
quorum at the Special Meeting of August 16, 2007; he stated he would not
be available as he would be in Oregon.
Ms. Rogers stated Council Member Morton was number 5 to make up a
quorum on August 16, 2007.
Council Member Kleinberg requested written clarification as to what could be
discussed during Council Comments, Announcements, and Reports from
Conferences.
Mayor Kishimoto commented that Council’s attendance at the August 16,
2007 Council Meeting was needed. She reminded her colleagues that
Tuesday, August 7, 2007 was National Night Out at 6 p.m.
CLOSED SESSION
26. CONFERENCE WITH CITY ATTORNEY -- EXISTING LITIGATION
Subject: Alyssa C. v. City of Palo Alto, U.S. District Court, Northern
District of California, Case No.: C0701112
Authority: Government Code section 54956.9(a)
Mayor Kishimoto stated no reportable action was taken.
ADJOURNMENT: The meeting adjourned at 11:30 p.m.
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto
Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing
Committee meeting tapes are made solely for the purpose of facilitating the
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.
08/06/07 23