HomeMy WebLinkAbout2007-11-13 City Council Summary Minutes
1 07/11/13
Special Meeting
November 13, 2007
PARK AND RECREATION COMMISSION.....................................................3
STUDY SESSION ...................................................................................3
1. Joint Meeting with the Parks and Recreation Commission Regarding
Park and Recreation Issues ............................................................3
ORAL COMMUNICATIONS .......................................................................4
APPROVAL OF MINUTES .........................................................................4
CONSENT CALENDAR.............................................................................4
2. Resolution 8764 entitled “Resolution of the Council of the City of Palo
Alto Fixing the Employer’s Contribution Under the Public Employees’
Medical and Hospital Care Act (PEMHCA) with Respect to Management
and Professional Personnel and Council Appointed and Elected Officers
Group and Rescinding Resolution No. 8668”; Resolution 8765 entitled
“Resolution of the Council of the City of Palo Alto Fixing the Employer's
Contribution Under the Public Employees' Medical and Hospital Care
Act with Respect to Members of the Palo Alto Fire Chiefs’ Association
and Rescinding Resolution No. 8666”; Resolution 8766 entitled
“Resolution of the Council of the City of Palo Alto Fixing the Employer's
Contribution Under the Public Employees' Medical and Hospital Care
Act with Respect to Members of Local 1319, International Association
of Fire Fighters and Rescinding Resolution No. 8667”; and Resolution
8767 entitled “Resolution of the Council of the City of Palo Alto Fixing
the Employer’s Contribution Under the Public Employees’ Medical and
Hospital Care Act with Respect to Members of Local 521, Service
Employees’ International Union and Rescinding Resolution 8669”........5
3. Acceptance of Resignation of Former Mayor Jim Burch from the
Emergency Standby Council and Recommendation to Appoint
Replacement in January 2008 .........................................................5
07/11/13 2
PUBLIC HEARINGS ................................................................................5
4. 1st Reading - Adoption of an Ordinance Repealing and Reenacting Title
15 of the Palo Alto Municipal Code to Adopt the California Fire Code,
2007 Edition, and Local Amendments Thereto, and Chapters 3, 4, 5,
and 25 and Chapter One Appendix of the International Fire Code.........5
5. 1st Reading - Adoption of Five Ordinances: (1) Repealing Chapter
16.04 of the Palo Alto Municipal Code and Amending Title 16 to Adopt
a New Chapter 16.04, California Building Code, California Historical
Building Code, and California Existing Building Code, 2007 Editions,
and Local Amendments, (2) Amending Title 16 of the Palo Alto
Municipal Code to Adopt a New Chapter 16.05, California Mechanical
Code and Appendix Chapters A and D, 2007 Edition, (3) Repealing
Chapter 16.08 of the Palo Alto Municipal Code and Amending Title 16
to Adopt a New Chapter 16.08, California Plumbing Code, 2007
Edition, and Local Amendments, (4) Repealing Chapter 16.16 of the
Palo Alto Municipal Code and Amending Title 16 to Adopt a New
Chapter 16.16, California Electrical Code, 2007 Edition, and Local
Amendments, (5) Amending Title 16 of the Palo Alto Municipal Code
to Adopt a New Chapter 16.17, California Energy Code, 2005 Edition ...6
REPORTS OF COMMITTEES AND COMMISSIONS ........................................8
6. From Finance Committee: Request for Council Direction Concerning
Response to the Palo Alto Airport Working Group Report and Options
Regarding the Future of the Palo Alto Airport ....................................8
ORDINANCES AND RESOLUTIONS ...........................................................13
7. Approval of: 1) Agreement between the Cities of Palo Alto and Los
Altos for the Purchase and Sale of Property Located at 1237 N. San
Antonio Road, Los Altos, Formerly Known as the Los Altos Treatment
Plant Site; and 2) Ordinance 4973 entitled “Ordinance of the Council of
the City of Palo Alto Amending the Budget for Fiscal Year 2007-08 to
Establish Capital Improvement Program Project Number AS-08000,
Acquisition of Los Altos Treatment Plant Site and to Provide an Initial
Appropriation in the Amount of $2,670,918”....................................13
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM
CONFERENCES .............................................................................13
ADJOURNMENT: The meeting was adjourned at 9:26 p.m. in memory of
Helen Norman Proctor...................................................................14
07/11/13 3
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:05 p.m.
Present: Barton, Beecham, Cordell, Drekmeier, Kishimoto, Klein,
Kleinberg, Morton
Absent: Mossar
PARK AND RECREATION COMMISSION
Present: Crommie, Davidson, King, Markevitch, Losch, Panelli, Walsh
COUNCIL CONFERENCE ROOM – 6:00 p.m.
STUDY SESSION
1. Joint Meeting with the Parks and Recreation Commission Regarding
Park and Recreation Issues
Discussions were held regarding the accomplishments of the Parks and
Recreation Commission from 2007 Culture of fitness, Future of the Baylands,
Strategic funding, Play area resources, as well as review of heritage park
plans; the hosting of a regional Commission gathering to discuss regional
field assets and water (Bay) recreational needs; supporting fitness programs
such as Walk & Roll and 10,000 steps challenge; looking at ways to support
public/private partnerships.
Mayor Kishimoto encouraged the Commission to take an active role in
preparations for the Senior Games in 2009.
Commissioner Losch said that solving the problem of the shortage of field
and playing space must be worked at as a regional approach. The
Commission must resolve the issue of how to meet the needs of adult sport
leagues who do not have a majority of residents from any one local city and
who should provide space for these leagues.
Commission Markevitch outlined the Commission’s involvement in reviewing
draft conceptual plans for the Mitchell Park Community Center & Library and
their role for providing input on the services and programs that are currently
offered, or should be offered, at community centers.
Mr. Losch said there is a question of the role the Commission should play
with the Palo Alto Unified School District in discussing playing field needs,
especially in light of the upcoming school bond election. He felt the school
district needs to understand the community needs for playing space as they
plan for expansion of athletic program and facilities.
07/11/13 4
Council Member Kleinberg suggested the Commission also discuss with the
school district mutual concerns about stress, depression and means of
addressing these factors through exercise.
Although the Council voted to develop the unfinished section of Greer Park
as a “passive park,” Mr. Losch asked the Council if the Council would
consider using the parcel as a dog park.
No action required.
Council took a break from 6:50 p.m. to 7:00 p.m.
COUNCIL CHAMBERS – 7:00 p.m.
ORAL COMMUNICATIONS
Jody Davidson, spoke regarding closure of loopholes in our protected tree
ordinance.
Christopher Coleman, 1250 University Ave., spoke regarding 60 Hamilton
violations in construction.
Jeff Dean, 710 Chimalus, spoke regarding hazardous materials.
Mayor Kishimoto applauded the Police Department for their efforts in a
recent child assault case.
Assistant City Manager Emily Harrison stated apologies for the Chief of Police
not being available and accolades for Ms. Brown for standing in.
Sandra Brown spoke of the around the clock efforts put forth by the agency
to locate and apprehend the suspect in 72 hours.
APPROVAL OF MINUTES
MOTION: Council Member Morton moved, seconded by Barton, to approve
the minutes of October 1 and October 15, 2007 as corrected, and October
22, 2007, as submitted.
MOTION PASSED: 8-0, Mossar absent.
CONSENT CALENDAR
Mayor Kishimoto stated she would vote against Item No. 2.
07/11/13 5
MOTION: Council Member Morton moved, seconded by Beecham, to
approve Consent Calendar Items 2 with corrections noted at places and 3.
2. Resolution 8764 entitled “Resolution of the Council of the City of Palo
Alto Fixing the Employer’s Contribution Under the Public Employees’
Medical and Hospital Care Act (PEMHCA) with Respect to Management
and Professional Personnel and Council Appointed and Elected Officers
Group and Rescinding Resolution No. 8668”; Resolution 8765 entitled
“Resolution of the Council of the City of Palo Alto Fixing the Employer's
Contribution Under the Public Employees' Medical and Hospital Care
Act with Respect to Members of the Palo Alto Fire Chiefs’ Association
and Rescinding Resolution No. 8666”; Resolution 8766 entitled
“Resolution of the Council of the City of Palo Alto Fixing the Employer's
Contribution Under the Public Employees' Medical and Hospital Care
Act with Respect to Members of Local 1319, International Association
of Fire Fighters and Rescinding Resolution No. 8667”; and Resolution
8767 entitled “Resolution of the Council of the City of Palo Alto Fixing
the Employer’s Contribution Under the Public Employees’ Medical and
Hospital Care Act with Respect to Members of Local 521, Service
Employees’ International Union and Rescinding Resolution 8669”
3. Acceptance of Resignation of Former Mayor Jim Burch from the
Emergency Standby Council and Recommendation to Appoint
Replacement in January 2008
MOTION PASSED for Item #2: 7-1 Kishimoto no, Mossar absent.
MOTION PASSED for Item #3: 8-0, Mossar absent.
PUBLIC HEARINGS
Council Member Kleinberg stated she would not participate in Items 4 and 5
due to a conflict as she had been employed by Joint Ventures Silicon Valley
Network for two years to create a coalition of cities, including Palo Alto, to
dissuade cities from adopting amendments to codes.
4. 1st Reading - Adoption of an Ordinance Repealing and Reenacting Title
15 of the Palo Alto Municipal Code to Adopt the California Fire Code,
2007 Edition, and Local Amendments Thereto, and Chapters 3, 4, 5,
and 25 and Chapter One Appendix of the International Fire Code
City Attorney Gary Baum stated it had been proposed and withdrawn to
change to the underlying code where the City should adopt different
findings. Under Government Code 17958.7 changes can not be modified
without specific climatic, geological or topographical findings.
07/11/13 6
Mayor Kishimoto stated there was a letter from CPI put at places regarding
the voluntary solution for a toxic gas monitor system.
Public Hearing opened at 7:24 p.m.
Art Liberman, 751 Chimalus spoke on an early warning system in cases of
toxic gas leaks.
Public Hearing closed at 7:26 p.m.
MOTION: Council Member Barton moved, seconded by Morton, to accept
the recommendation to:
1) Approve the ordinance which repeals and reenacts Chapter
15.04 of the Palo Alto Municipal Code in its entirety and adopts
the 2007 Edition of the California Fire Code with Palo Alto Local
Amendments and Chapters 3, 4, 5, 25 and Appendix Chapter 1
of the 2006 Edition of the International Fire Code with Palo Alto
Local Amendments, and
2) Approve the related Findings of Fact
Council Member Morton stated there was no mention as to the
implementation of the early warning system.
Mr. Baum stated there was a cycle to amend Codes which ended January 1,
2008.
Council Member Morton stated his support was based on the expectation for
completion as quickly as possible.
MOTION PASSED: 7-0, Kleinberg not participating, Mossar absent.
5. 1st Reading - Adoption of Five Ordinances: (1) Repealing Chapter
16.04 of the Palo Alto Municipal Code and Amending Title 16 to Adopt
a New Chapter 16.04, California Building Code, California Historical
Building Code, and California Existing Building Code, 2007 Editions,
and Local Amendments, (2) Amending Title 16 of the Palo Alto
Municipal Code to Adopt a New Chapter 16.05, California Mechanical
Code and Appendix Chapters A and D, 2007 Edition, (3) Repealing
Chapter 16.08 of the Palo Alto Municipal Code and Amending Title 16
to Adopt a New Chapter 16.08, California Plumbing Code, 2007
Edition, and Local Amendments, (4) Repealing Chapter 16.16 of the
Palo Alto Municipal Code and Amending Title 16 to Adopt a New
Chapter 16.16, California Electrical Code, 2007 Edition, and Local
Amendments, (5) Amending Title 16 of the Palo Alto Municipal Code
to Adopt a New Chapter 16.17, California Energy Code, 2005 Edition
07/11/13 7
Public Hearing opened and closed with no speakers.
MOTION: Council Member Barton moved, seconded by Morton, to accept
staff recommendation to conduct a public hearing and then adopt the five
ordinances, adopting by reference various parts of the 2007 California
Building Standards Code (CBSC), Title 24 of the California Code of
Regulations. Each ordinance also contains Palo Alto’s proposed local
amendments to each part of the CBSC, along with the necessary findings of
fact supporting each local amendment.
Further, Council is adopting one additional amendment to the Ordinance
Repealing Chapter 16.04 of the Palo Alto Municipal Code and Amending Title
16 to Adopt a New Chapter 16.04, California Building Code, California
Historical Building Code, 2007 Editions, with Local amendments and Related
Findings to read as follows:
Section 16.12.1.1 added – Palo Alto Flood Hazard Regulations referenced.
Section 16.12.1.1 is added to the California Building Code to read:
16.12.1.1 Notwithstanding the provisions of Section 16.12.1, all construction
or development within a flood hazard area (areas depicted as a Special Flood
Hazard Area on Flood Insurance Rate maps published by the Federal
Emergency Management Agency) shall comply with the City of Palo Alto
Flood Hazard Regulations (Palo alto Municipal Code Chapter 16.52). Where
discrepancies exist between the requirements of this code and said
regulations, the provision of said regulations shall apply.
Finding: This section is amended to conform to other provisions of the Palo
Alto Municipal Code and to comply with the National Flood Insurance
Program (implementing the National Flood Act of 1968, as amended), and
federal regulations adopted thereunder the purpose of promoting public
health, safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas of the City defined by unique
topographic conditions.
Council Member Morton expressed his appreciation to the Fire Department
for their effort to the community.
Council Member Drekmeier asked for an update on where the City was in the
process of Green Building Policy.
Assistant City Manager Emily Harrison stated there will be an update given
December 3, 2007.
07/11/13 8
Chief Building Official Larry Perlin stated the adoption of the Energy Code
would permit staff to work on local amendments which would increase the
energy efficiency standards above what the State Code required.
MOTION PASSED: 7-0, Kleinberg not participating, Mossar absent.
REPORTS OF COMMITTEES AND COMMISSIONS
6. From Finance Committee: Request for Council Direction Concerning
Response to the Palo Alto Airport Working Group Report and Options
Regarding the Future of the Palo Alto Airport
Council Member Morton stated the County intends to retreat from the
operations from the Palo Alto Airport.
Manager of Real Property Bill Fellman reviewed a slide presentation on the
airport property. He pointed out the master plan showed the airport adding
hangars on the property, although the City felt the action would be intrusive
on the Baylands.
Vice Mayor Klein asked whether the airport or the County wanted the
additional hangars.
Mr. Fellman stated to increase revenue the County suggested adding
hangars on Embarcadero Road.
Vice Mayor Klein stated the Palo Alto Airport Working Group (PAAWG) report
was based on no additional hangars.
Council Member Drekmeier asked why there was a split vote from the
Finance Committee to not start negotiations on early termination of the
lease.
Council Member Beecham stated he was not opposed to taking over the
airport operations; however, there was no business plan or economic
analysis.
Council Member Drekmeier asked whether Council Member Mossar had
concerns regarding the Creek or Army Corps of Engineers.
Council Member Beecham stated a concern of hers was the airport being
under water in the event of Global Warming events.
Council Member Barton asked if there were an option for planning to
terminate the airport and utilize the site for something else.
07/11/13 9
Director of Administrative Services Carl Yeats stated the previous vote and
direction to staff was to move forward as an airport usage.
Mr. Benest stated there was a twenty year commitment guaranteeing the
use of the site as an airport to continue to receive federal funding
Council Member Kleinberg asked for the information on the additional
hangars blocking a view of the Baylands.
Mr. Fellman stated the view was from Embarcadero Road to the Baylands.
Director of Community and Environmental Planning Steve Emslie stated
there had not been a concrete proposal to analyze for disruptions to the
areas in question.
Council Member Kleinberg stated Mr. Wiswells’ analysis was thorough and
biased.
Mr. Fellman stated Mr. Wiswell was an expert in his field and staff did not
feel the need for multiple analyses.
Council Member Kleinberg asked whether staff felt the analysis was just.
Mr. Fellman stated with staff not having expertise in the field it was felt his
work was what was requested of him.
Larry Shapiro, 1901 Embarcadero Road, supported the airport as a multi-
purpose facility for businesses and families in our community.
Alex Spears, 4161 El Camino Way, #5, spoke on his experience at the
airport as part of the Silver Airport Patrol.
David Guerrieri, Gary Air Taxi, P.O. Box 116, 18 Bushell St., Ste. 204,
Moffett Field, CA 94035, spoke regarding air taxi services in lieu of vehicle
transportation.
Ralph Britton, 240 Rinconada Avenue, spoke regarding the Wiswell report.
Bob Lenox, 1745 Webster, spoke regarding the economic basis potential of
the airport.
Mayor Kishimoto asked whether the option was for the City to take over the
airport prior to 2017.
Mr. Yeats stated the transition would take up to three years no matter when
it began.
07/11/13 10
Council Member Morton stated the City owned the property and the County
manages the property. The County has made it clear they no longer want to
manage the property.
MOTION: Vice Mayor Klein moved, seconded by Kleinberg, to direct the
City Manager to begin negotiations with the County on an early termination
of the lease; commence work on the items set forth in the table located on
Attachment A, Page 3 of CMR: 418:07; and for the City Manager to provide
progress reports to the City Council every six months beginning in May of
2008.
Vice Mayor Klein stated all options lead to the City taking over the
management of the airport. The County was only going to maintain the
property at the minimal levels. This Council has an obligation to the
community to maintain the airport and property to the highest quality as
soon as possible.
Council Member Kleinberg stated there are many options and opportunities
to get involved with the take over of the airport. The time has come for this
Council to step forward and resolve the questions and concerns of the
community.
Council Member Barton asked whether the intent of the Motion was for the
City to take over the airport or to study whether we should take it over.
Vice Mayor Klein stated the expectation was to take over the airport around
the year 2010.
Council Member Barton stated he supported the Motion.
Council Member Morton stated although the operations were subcontracted,
the actual airport belongs to Palo Alto. The City is ultimately responsible for
the property and airport.
Council Member Cordell asked if the City takes over the airport, if there was
an option to have a third party run the airport.
Vice Mayor Klein stated yes, more review needed to be placed on the options
from the PAAWG report on outsourcing the management of the airport.
Mayor Kishimoto asked about the language of the contract with the Fixed
Base Operation.
Mr. Yeats stated the current lease expires in 2017, review of the lease was
necessary to know the full extent of transfer from the County to City.
07/11/13 11
City Attorney Gary Baum stated the FBO leases were usually bound by the
County and therefore any negotiations of early termination may be very
costly.
Mayor Kishimoto asked regarding the levy situation.
Mr. Fellman stated there has not been a letter received by the County as of
yet.
Mayor Kishimoto asked whether the Board of Supervisors had implicated the
City responsibility to maintain the levy’s.
Mr. Fellman stated yes.
Mayor Kishimoto asked if the levy report would not be available until 2018,
how important the alternatives were in Attachment A.
Mr. Fellman stated currently alternatives were being studied although there
would be no definite information until 2010.
Mayor Kishimoto stated she would not support the Motion.
Council Member Beecham asked why there was a three year timeframe for
completing the transfer.
Mr. Yeats stated there were many steps to the transfer including Grants
awarded to the County that needed to run their course before the City could
apply for them.
Council Member Beecham questioned why the economic study would take a
year to compile.
Mr. Yeats stated due to the fuel on the site it was required to complete a
hazmat study.
Council Member Beecham stated he would not support the Motion.
Vice Mayor Klein stated the airport belongs to the City so no matter what
impacts may occur it would seem more feasible to accomplish the necessary
repairs without going through the County or their subcontractor.
SUBSTITUTE MOTION: Mayor Kishimoto, seconded by Cordell to delay
until 2010 the consideration of an orderly transition of the airport.
07/11/13 12
Council Member Morton stated 2010 was only two years from now and the
Army Core of Engineers has notified their process would take five years to
complete. Beginning negotiations with the County was merely to find out
what the steps would be to determine the conditions under which we would
terminate the lease early.
Council Member Beecham asked staff the basis of the three year term for
the Army Core of Engineers.
Mr. Fellman stated anticipation of receiving the Army Core of Engineers
information of the levy was in 2010 to know what was needed to be done on
the levy.
Council Member Beecham asked whether there were separate issues
between the levy and the creek solution.
Mr. Fellman stated yes, there were separate studies.
Council Member Beecham stated he would not be supporting the Substitute
Motion.
Council Member Drekmeier asked for the difference between the Motion and
substitute Motion.
Mayor Kishimoto stated the difference was within the work load necessary
from staff and the Substitute Motion added three years.
Mr. Yeats stated there was enough work for staff to start studying the
processes necessary to partake in the beginning stages of negotiations. Staff
would come back to Council with a workplan including estimated timeframes,
required staff time, and cost.
Council Member Beecham asked whether that was the intent of the original
Motion, to have staff return with a workplan.
Vice Mayor Klein stated that was incorporated in the Motion.
Mayor Kishimoto stated the priority would be the creek flooding the
property.
Council Member Drekmeier stated his support for the original Motion.
SUBSTITUTE MOTION FAILED: 2-6 Kishimoto, Cordell yes, Mossar absent
MOTION PASSED: 5-3, Kishimoto, Cordell, Beecham no, Mossar absent.
07/11/13 13
ORDINANCES AND RESOLUTIONS
7. Approval of: 1) Agreement between the Cities of Palo Alto and Los
Altos for the Purchase and Sale of Property Located at 1237 N. San
Antonio Road, Los Altos, Formerly Known as the Los Altos Treatment
Plant Site; and 2) Ordinance 4973 entitled “Ordinance of the Council of
the City of Palo Alto Amending the Budget for Fiscal Year 2007-08 to
Establish Capital Improvement Program Project Number AS-08000,
Acquisition of Los Altos Treatment Plant Site and to Provide an Initial
Appropriation in the Amount of $2,670,918”
Council Member Cordell stated an agreement was negotiated between the
Cities of Palo Alto and Los Altos for the purchase of the remaining interest of
the property from Los Altos in the amount of six and a half million dollars so
Palo Alto will own the entire property.
Council Member Barton stated he felt the agreement between the Cities
would bring forward a long future of well being.
MOTION: Council Member Barton moved, seconded by Cordell, to accept
staff’s recommendation to: 1) authorize the City Manager or his designee to
execute in substantially the same form the Agreement of Purchase and Sale
(Agreement) between the City of Los Altos and City of Palo Alto for Palo
Alto’s purchase of Los Altos’ one-half interest in the property located 1237 N.
San Antonio Road, City of Los Altos, commonly known as the former Los
Altos Treatment Plant site: and 2) approve the Budget Amendment
Ordinance (BAO) in the amount of $2,670,918 for Palo Alto’s Fiscal Year (FY)
2007/08 costs under the Agreement.
Council Member Morton stated his support for the Motion.
MOTION PASSED: 8-0, Mossar absent.
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM
CONFERENCES
Council Member Kleinberg said a simulated bio-terrorist event called Golden
Guardian would be held at City Hall on November 14, 2007.
Council Member Drekmeier noted under Council Member Kleinberg’s
leadership a few years previous, a resolution placed Palo Alto on record as
opposing the invasion on Iraq.
Vice Mayor Klein stated he and the Mayor had attended the 50th Anniversary
Celebration of Space Systems Loral on November 10, 2007 and had been
given a tour by the President of Space Systems Loral, John Celli.
Mayor Kishimoto agreed the tour of Space Systems Loral was fascinating.
Council Member Barton noted the oil slick in the Bay had made its way south
to Redwood City; he questioned what contingency plans had been made if
the oil reached the Palo Alto Baylands.
Mayor Kishimoto adjourned the meeting in memory of Helen Norman Proctor
who passed away on November 7, 2007. Helen devoted her professional
time as a landscape architect to projects in the Palo Alto Baylands. She
compiled a City of Palo Alto Baylands Master Plan plant list, created a
landscape for many of the City of Palo Alto parks and facilities, and
originated the concept of community parks.
ADJOURNMENT: The meeting was adjourned at 9:26 p.m. in memory of
Helen Norman Proctor.
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.
07/11/13 14