HomeMy WebLinkAbout2007-11-19 City Council Summary Minutes
1 11/19/2007
Special Meeting
November 19, 2007
SPECIAL MEETING.................................................................................3
1. Annual Meeting with Assemblyman Ira Ruskin Regarding State and
Local Issues .................................................................................3
ORAL COMMUNICATIONS .......................................................................3
SPECIAL ORDERS OF THE DAY ................................................................3
2. Resolution 8768 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Randy Reeb for His 32 Years of
Service at the Water Quality Control Plant”.......................................3
3. Presentation of the Voice of the People Awards .................................3
CONSENT CALENDAR.............................................................................4
4. Approval of an Agreement Between the City of Palo Alto and the
Purissima Hills Water District for a Limited Emergency Water Supply
Intertie........................................................................................4
6. Approval of a Contract with California Land Management for a Total
Not to Exceed $367, 266 Plus Cost of Living Adjustment for Park
Ranger Patrol Services in Palo Alto’s Urban Parks, Refuse Area, Byxbee
Park and Baylands Nature Preserve .................................................4
6A. (Old Item 5) Confirmation of Appointment of Everardo (Lalo) Perez as
Director of Administrative Services ..................................................4
PUBLIC HEARINGS ................................................................................5
PUBLIC HEARINGS ................................................................................5
11/19/2007 2
7. Resolution 8769 entitled “Resolution of the Council of the City of Palo
Alto Certifying the Adequacy of the Final Environmental Impact Report
(FEIR) for the Palo Alto Public Safety Building Project Pursuant to the
California Environmental Quality Act and Adopting Mitigation
Monitoring and Reporting Program and Statement of Overriding
Considerations” and Ordinance 4974 entitled “Ordinance of the Council
of the City of Palo Alto Amending the Budget for the Fiscal Year 2007-
08 to Provide an Addition Appropriation of $436,000 to Capital
Improvement Program (CIP) Project PE-98020, Public Safety Building”5
ORDINANCES AND RESOLUTIONS ...........................................................8
8. 1st Reading - Adoption of an Ordinance Adding Section 9.04.040
(“Certain Social Gatherings Unlawful”) to Chapter 9.04 (“Alcoholic
Beverages”) to Title 9 (“Public Peace Morals and Safety”) to the Palo
Alto Municipal Code to Prohibit Consumption of Alcohol by Minors at
Gatherings of Four or More Persons .................................................8
COUNCIL MATTERS ...............................................................................11
9. Colleague’s Memo from Mayor Kishimoto, Council Members Drekmeier
and Mossar regarding the Request for Analysis of Impacts on Staff
Work Program to Produce a Work Product to Support an Integrated
Policy Discussion on Landfill Closure and Byxbee Park-Phase II ...........11
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM
CONFERENCES .............................................................................12
CLOSED SESSION .................................................................................12
10. CONFERENCE WITH CITY ATTORNEY -- EXISTING LITIGATION ............12
ADJOURNMENT: The meeting adjourned at 9:15 p.m................................13
11/19/2007 3
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, Cordell (arrived at 6:45 p.m.), Drekmeier
(arrived at 8:25 p.m.), Kishimoto, Klein, Kleinberg (arrived at
6:15 p.m.), Morton, Mossar
COUNCIL CONFERENCE ROOM – 6:00 p.m.
SPECIAL MEETING
1. Annual Meeting with Assemblyman Ira Ruskin Regarding State and
Local Issues
No required action.
Council took a break at 6:40 pm
COUNCIL CHAMBERS – 6:45 p.m.
ORAL COMMUNICATIONS
Mark Petersen-Perez, spoke regarding his concerns on police misconduct.
SPECIAL ORDERS OF THE DAY
2. Resolution 8768 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Randy Reeb for His 32 Years of Service
at the Water Quality Control Plant”
MOTION: Council Member Morton moved, seconded by Beecham, to
approve the resolution.
MOTION PASSED: 8-0, Drekmeier absent.
Director of Public Works Glenn Roberts spoke regarding the retirement of
Randy Reeb.
3. Presentation of the Voice of the People Awards
City Auditor Sharon Erickson stated the awarded parties must be among the
top three of all eligible jurisdictions and the top ten percent of over four
hundred jurisdictions in the National Research Center database. She stated
the first award went to the Palo Alto City Council, the fire and emergency
medical services, the recreation division, and the garbage collection services.
11/19/2007 4
City Manager Frank Benest stated the awards were presented at the annual
Conference of the International City/County Management Association. He
acknowledged his fortune to have such an outstanding staff.
CONSENT CALENDAR
Council Member Beecham moved, seconded by Barton to pull Item 5 from
the Consent Calendar to become item 6A.
MOTION: Council Member Morton moved, seconded by Klein, to approve
Consent Calendar Items 4 and 6.
4. Approval of an Agreement Between the City of Palo Alto and the
Purissima Hills Water District for a Limited Emergency Water Supply
Intertie
5. Confirmation of Appointment of Everardo (Lalo) Perez as Director of
Administrative Services
6. Approval of a Contract with California Land Management for a Total
Not to Exceed $367, 266 Plus Cost of Living Adjustment for Park
Ranger Patrol Services in Palo Alto’s Urban Parks, Refuse Area, Byxbee
Park and Baylands Nature Preserve
MOTION PASSED: 8-0, Drekmeier absent.
6A. (Old Item 5) Confirmation of Appointment of Everardo (Lalo) Perez as
Director of Administrative Services
City Manager Frank Benest spoke of Lalo’s experiences in many functions
throughout his tenure with the City and congratulated him on the completion
of his Masters Degree.
Council Member Beecham expressed his confidence in Lalo in taking over the
Director of Administrative Services position.
MOTION: Council Member Morton, seconded by Mossar to confirm the
appointment of Everardo (Lalo) Perez as Director of Administrative Services,
and to direct that the contract should reflect transportation allowance in lieu
of car allowance.
Council Member Mossar asked that the language in the contract be altered
from automobile allowance to transportation allowance.
11/19/2007 5
Mr. Benest stated yes, this and all future contracts are to use transportation
in lieu of automobile.
MOTION PASSED: 8-0, Drekmeier absent.
PUBLIC HEARINGS
7. Resolution 8769 entitled “Resolution of the Council of the City of Palo
Alto Certifying the Adequacy of the Final Environmental Impact Report
(FEIR) for the Palo Alto Public Safety Building Project Pursuant to the
California Environmental Quality Act and Adopting Mitigation
Monitoring and Reporting Program and Statement of Overriding
Considerations” and Ordinance 4974 entitled “Ordinance of the Council
of the City of Palo Alto Amending the Budget for the Fiscal Year 2007-
08 to Provide an Addition Appropriation of $436,000 to Capital
Improvement Program (CIP) Project PE-98020, Public Safety Building”
Assistant Director of Public Works Mike Sartor stated the Public Safety
Building was to be the new facility for the Police Department, Emergency
Operations Center, and the 911 Communications and Dispatch functions.
Mike Ross of RossDrulisCusenbery (RDC), reviewed the slide presentation of
the plans for the proposed Public Safety Building.
Mr. Sartor stated the final EIR consists of two volumes; the draft which was
distributed July 12, 2007 and the final included in the packet. He stated the
purchase option property acquisition summary for the 1.7 acre site for $10.9
million dollars which was good for thirty months from the date of execution
of the Option Agreement.
Planning & Transportation Commissioner Dan Garber stated the P&TC
unanimously voted the certification of the FEIR.
Sergeant Sandra Brown spoke regarding the inadequacy of the processing
area of the existing Police Department.
Council Member Cordell asked whether having funding designated was a
prerequisite for voting on the items.
Ms. Harrison stated no.
Director of Administrative Service Carl Yeats stated the Purchase Agreement
and Budget Amendment Ordinance had financial implications which required
approval to move forward.
11/19/2007 6
Council Member Cordell asked when the discussion was to occur regarding
financing of the project.
Mr. Yeats stated more staff work was required to have a concrete answer on
funding.
Council Member Cordell asked whether some of the options could be
discussed prior to approving the Purchase Agreement and Budget
Amendment Ordinance.
Mr. Benest stated staff did not feel the funding options were a prerequisite
to moving forward with the recommendations before Council tonight.
Council Member Morton stated the advertising of the item to the public was
on an approval of an EIR and asked whether discussion of funding impacted
the public.
City Attorney Gary Baum stated the Council did need to approve the EIR.
The discussion of options for funding would be fine, however funding the
project was not an agenda item and therefore could not be discussed.
Council Member Mossar stated her concern for discussing the funding of the
project since the Council had not been prepared for such a discussion.
Vice Mayor Klein asked whether the project had enough merit to warrant
additional staff time to bring forth the discussions of funding for the project.
Mr. Benest stated staff had been reviewing the issues brought forward
tonight.
Mr. Yeats stated there were several types of debt to be considered; General
Obligation Bonds, Certificates of Participation, and revenue stream. The
question that arises would be when issuing the debt would you want to
acquire the property with one time monies through several options or
include the acquisition within the debt issuance.
Mr. Benest stated in using incremental growth in revenue to obligate to the
Police Building there would not be the growth in revenue to pay for the
growth in the cost of existing services.
Vice Mayor Klein said the answers received by both the City Manager and
the Director of Administrative Services showed the project was worth
continuing. He asked the timeframe for returning to the Council with the
report.
Mr. Yeats stated shortly after the beginning of 2008.
11/19/2007 7
Mayor Kishimoto asked why Enterprise Funds would be used.
Mr. Yeats stated Enterprise Funds would be used through the process of
selling City or General Fund owned property to the Enterprise Fund which
would then become a permanent transaction.
Mayor Kishimoto asked about toxic monitoring.
Director of Community Environment Steve Emslie stated the EIR was an
informational document but staff could be directed to include analysis of
higher levels of protection.
Mayor Kishimoto asked when the site design was to return to Council.
Mr. Emslie stated it went through the Architectural Review Board, the
Planning Commission, and then City Council.
Public Hearing opened at 7:26 p.m.
Robert Moss, 4010 Orme Street spoke in support of the Public Safety
Building.
George Browning, 4005 Sutherland Drive, spoke in support of the Public
Safety Building.
Scott Wong, 407 James Road, spoke in support of the Public Safety Building.
Ray Bacchetti, 850 Webster St. #700, spoke in support of the Public Safety
Building.
Former Mayor Lanie Wheeler, 362 Diablo Court, requested the Council
approve the three staff recommendations.
Public Hearing closed at 7:43 p.m.
MOTION: Council Member Morton moved, seconded by Mossar, to approve
staff recommendation to 1) adopt the Resolution certifying the Final
Environmental Impact Report (FEIR) for the Palo Alto Public Safety Building
Project, Adopting Mitigation Monitoring and Reporting Program and
Statement of Overriding Considerations; 2) authorize the City Manager or
his or her designee to execute, in substantially the same form, the Purchase
Option Agreement with Essex Park Boulevard, LLC, to purchase the property
located at 2785 Park Boulevard; and 3) adopt the Budget Amendment
Ordinance in the amount of $436,000 for the first payment under the Option
Agreement.
11/19/2007 8
Mayor Kishimoto asked whether the oak tree was taken care of since it was
on a separate lot.
City Attorney Gary Baum stated it was mentioned in the statement of
overriding considerations.
Mayor Kishimoto asked for an explanation.
Mr. Baum stated the reason for the statement was environmental impact for
safety reasons. They will try and preserve the tree however; in the event it
becomes a safety issue having an unhealthy tree adjacent to the building the
statement was in place to remove the tree.
Mayor Kishimoto asked whether the tree was un-healthy.
Mr. Baum stated he was unaware of the health of the tree and said the
Police may have more knowledge as to the reason for removal.
Police Chief Lynne Johnson stated there were safety concerns of having a
large tree granting access and visibility directly into the building.
MOTION PASSED: 8-0, Drekmeier absent.
MOTION: Vice Mayor Klein moved, seconded by Cordell to direct staff to
study the implications of financing the public safety building through
Certificates of Participation (COPS).
MOTION PASSED: 7-0, Drekmeier, Morton absent.
ORDINANCES AND RESOLUTIONS
8. 1st Reading - Adoption of an Ordinance Adding Section 9.04.040
(“Certain Social Gatherings Unlawful”) to Chapter 9.04 (“Alcoholic
Beverages”) to Title 9 (“Public Peace Morals and Safety”) to the Palo
Alto Municipal Code to Prohibit Consumption of Alcohol by Minors at
Gatherings of Four or More Persons
Assistant Police Chief Dennis Burns stated the proposal was one of a number
of broad based strategies to reduce underage drinking.
MOTION: Council Member Kleinberg moved, seconded by Mossar, to
approve staff recommendation to approve the first reading of the Ordinance
Adding Section 9.04.040 (“Certain Social Gatherings Unlawful”) to Chapter
9.04 (“alcoholic Beverages”) to Title 9 (“Public Peace Morals and Safety”) to
11/19/2007 9
the Palo Alto Municipal Code (PAMC) prohibiting the possession and
consumption of alcohol by minors at gatherings with four or more persons.
Council Member Kleinberg stated her support for the Ordinance.
Council Member Mossar stated her support for the Ordinance.
Council Member Morton asked why the incident was able to remain open for
a term of one year.
Mr. Burns stated the one year statute was based in the law, it was not
placed in the Ordinance by the Department.
Council Member Morton asked had there been cases where the parents were
out of the house for the evening and the child had a group of friends over
where alcohol was involved.
Mr. Burns stated in that type of situation, no.
Deputy City Attorney Don Larkin stated the one year referred to the statute
of limitations, however the decision whether to take action would be done
much more quickly. The level of awareness of the parent, would play into
whether or not to proceed under an administrative or criminal citation.
Council Member Cordell asked for clarification on the age determination in
the Ordinance from a juvenile and a minor. Did the Ordinance hold the
parent liable for a child over the age of eighteen.
Mr. Larkin stated in the event the parent was aware of the party the liability
would be with them. When the child is over the age of eighteen and the
parents were unaware of the party, the child would be responsible.
Council Member Cordell asked for clarification that the parent would be liable
for the conduct of an eighteen and older child if they were aware of the
event or somehow supplying the alcohol.
Mr. Larkin stated yes.
Council Member Cordell asked for clarification between the law on record
being unlawful to provide alcohol to a minor under the age of twenty-one,
whereas in the ordinance it was acceptable as long as the minor was
supervised by the parent.
Mr. Larkin stated the provision of furnishing the alcohol was difficult to
prove, however knowledge of consumption could be proven more readily.
11/19/2007 10
Council Member Cordell stated passing this Ordinance permits a child under
the age of twenty-one to consume alcohol as long as a parent is present.
Mr. Larkin stated the Ordinance was meant to be consistent with the state
law.
Council Member Cordell asked how the Ordinance would be imposed.
Mr. Larkin stated most incidents would be administrative citations; the
criminal penalties would be reserved for more egregious cases.
Council Member Kleinberg stated reading the attachments in reverse made
the Ordinance clearer. Attachment C was the controlling provision, B was the
exception and A were the definitions.
Council Member Cordell stated to clarify if there were more than four
persons in the house under the age of twenty-one, and the parent provided
alcohol, would they be in violation of the statute.
Mr. Larkin stated in the event the only person under the age of twenty-one
was the parents child, it would be permissible. If one of the other three were
under the age of twenty-one were consuming alcohol is would be a violation.
Council Member Morton asked whether there were four minors’ at the affair
consuming alcohol and each of their parents were present that would not be
a violation.
Mr. Larkin stated yes.
Council Member Barton stated his support for the Motion.
Karin Bloom, Project Director of Palo Alto Drug Alcohol Collaborative, stated
the organizations support for the Ordinance.
Norman Carroll, 3061 Emerson Street, supported the Ordinance.
Robert Moss, 4010 Orme Street, supported the Ordinance.
Deborah Kurland, 4213 Los Palos, supported the Ordinance.
Carolyn Williams, 3955 El Cerrito Road, supported the Ordinance.
Becky Beacom, Hawthorne Avenue, supported the Ordinance.
Council Member Kleinberg asked for clarification on drinking in the home
connected to a religious observance.
11/19/2007 11
Mr. Baum stated there was no intent to prosecute an event of religious or
holiday nature.
Council Member Morton suggested including an insert in the utility bills just
before summer break making people aware of the illegal aspects of
contributing alcohol to a minor.
MOTION PASSED: 8-0, Drekmeier abstaining.
COUNCIL MATTERS
9. Colleague’s Memo from Mayor Kishimoto, Council Members Drekmeier
and Mossar regarding the Request for Analysis of Impacts on Staff
Work Program to Produce a Work Product to Support an Integrated
Policy Discussion on Landfill Closure and Byxbee Park-Phase II
Council Member Mossar stated the memo was intended to ask staff to let the
Council know what it would take to come to Council prepared to have an
integrated discussion related to the Baylands, since it was currently not in
their work program.
MOTION: Council Member Mossar moved, seconded by Drekmeier, to direct
staff to return to the December 3, 2007 Council Meeting with a proposed
work plan, including a timeline and information on how current projects
would be re-prioritized in order to accommodate this new assignment.
Council Member Drekmeier said the goal was to take a comprehensive look
at all of the different projects going on involving the Baylands as a unit.
Mayor Kishimoto stated the purpose of the two step process was to give
enough time to explain the resources and costs.
Council Member Morton asked whether December 3, 2007 was enough time
for staff to return to Council.
Assistant City Manager Emily Harrison stated the return date was sufficient
to return with staff resources, reviewing revenue and financial implications.
Ann Pianetta, 3815 La Donna, spoke regarding the need for a dog park.
Former Mayor Emily Renzel, 1056 Forest, spoke regarding a comprehensive
look at how the Baylands will appear years from now.
MOTION PASSED: 9-0.
11/19/2007 12
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Council Member Mossar stated the Association of Bay Area Government
(ABAG) appointed Council Member Drekmeier as the alternate commissioner
on the Bay Conservation and Development Commission. She attended the
National League of Cities Conference of Cities held in New Orleans and was
honored to serve as the Sergeant at Arms at the Annual Business Meeting
representing the State of California.
Council Member Drekmeier noted he did not feel comfortable voting on Item
8 as he had arrived after the discussion. He requested his colleagues to join
him in requesting staff to, in the future, return with a report on the
implementation of the Park Dedication Ordinance and to evaluate increasing
the dedication ratio from 3 to 4 acres per thousand people.
Assistant City Manager Emily Harrison stated she wished to speak with staff
and would respond to Council Member Drekmeier’s request at the November
26, 2007 Council Meeting.
Vice Mayor Klein stated he attended a Bay Area Water Supply and
Conservation Agency (BAWSCA) meeting. He reported the 2007-2008 water
supply was far below average, the portion of the Bay Area served by
BAWSCA continued to do a good job of conservation, the Hetch Hetchy
project was approximately 10 percent complete and the expenses were on
track. He noted work was continuing on the water contract with San
Francisco and should be completed before the contract expires in 2009.
Council Member Morton noted the increase of articles written about the
erosion and the threat to the phone tax. He asked whether staff was
concerned about the sensibility of the City’s Ordinance regarding the equality
between how cellular users are treated versus land line users.
City Attorney Baum stated it was a significant issue of ongoing concern for
the City.
CLOSED SESSION
Council adjourned into the closed session at 9:07 p.m.
10. CONFERENCE WITH CITY ATTORNEY -- EXISTING LITIGATION
Subject: Annan v. Stanford University, et al., Santa Clara County
Superior Court Case no. 1-05-CV-052741
Authority: Government Code section 54956.9(a)
Mayor Kishimoto stated no reportable action was taken.
ADJOURNMENT: The meeting adjourned at 9:15 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.
11/19/2007 13