HomeMy WebLinkAbout2000-02-22 City Council Summary Minutes Regular Meeting February 22, 2000
1 Proclamation Celebrating Electric Utility Centennial.... 416
2. Resolution 7934 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Richard Gruen for Outstanding Public Service”............................. 416
3. Resolution 7935 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Bill Campbell Upon his Retirement”.................................... 416
4. Appointment to the Planning and Transportation Commission .......................................................... 417
ORAL COMMUNICATIONS ......................................... 417
5. Long Range Financial Planning – Refer to Finance Committee.......................................................... 418
6. Resolution 7936 entitled “Resolution of the Council of the City of Palo Alto Authorizing the Filing of an Application for Federal Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program Funding for the NTCIP Traffic Signal System Upgrade Project and the Palo Alto Medical Foundation/South of Forest Area Caltrain Pedestrian/Bicycle Undercrossing Project and Committing the Necessary Local Matching Funds for the Projects and Stating the Assurance of the City of Palo Alto to Complete the Projects”............................................... 418
7. Ordinance of the Council of the City of Palo Alto Amending Chapter 9.10 of Title 9 (Peace, Morals, and Safety) of the Palo Alto Municipal Code Regulating Noise from Leaf Blowers......................................................... 418
8. Ordinance 4614 entitled “Ordinance of the Council of the City of Palo Alto Adding Chapter 9.45 of Title 9 (Peace, Morals, and Safety) to the Palo Alto Municipal Code Regulating Solicitation in Streets, Commercial Parking Area, and in and Adjacent to Driveway Entrances”......................... 418
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9. Request by Warren Thoits to Designate his Property Located at 611-619 Emerson Street as a Significant Historic Building (Category 2) as Recommended by the Historic Resources Board Pursuant to Municipal Code Chapter 16.49, Sections 16.49.020 and 16.49.040........................................... 419
10. Endorsement of the City Manager’s Request to Cable Co-op to Waive Franchise Agreement Time Lines and Follow Federal Guidelines Regarding Transfer of Ownership Request for Cable Television Franchise.................................... 419
11. The Finance Committee recommends to the Council approval of the Electric and Natural Gas Commodity Pricing Policy, including its key principles: direct cost recovery, risk management, indirect cost recovery, nondiscrimination, and nonsubsidization. Further, that a statement be included that one of the important principles in formulating the policies should be the ability of the City of Palo Alto Utilities to generate a stable and gradually increasing transfer to the General Fund............................................ 419
12. Request for Authority to Participate in Amicus Curiae in the California Supreme Court in Howard Jarvis Taxpayers
Association v. City of La Habra......................... 419
13. Public Employee Appointment............................. 422
13A. Resolution Scheduling the City Council Vacation for Calendar Year 2000............................................... 422
14. PUBLIC HEARING: The City Council will consider a Planned Community (PC) Zoning District amendment and Conditional Use Permit applications by ChildrenFirst, Inc. on behalf of Stanford Management Board of Trustees of Leland Stanford Junior University to allow the establishment of a day care center in a portion of a single-story, commercial-office building located at 3000 El Camino Real, the southwest corner of El Camino Real and Page Mill Road (3 Palo Alto Square)........................................................... 423
15. PUBLIC HEARING: The Palo Alto City Council will consider an appeal by Francesco Carruba of the Zoning Administrator’s denial of a Use Permit for property located at 200 Sheridan Avenue to allow live music at an established eating and drinking restaurant..................................... 423
16. PUBLIC HEARING: The City Council will consider Leases with Sprint Spectrum L.P. for Placement of Telecommunication Facilities at the Palo Alto Fire Stations Located at 799 Embarcadero Road and 3600 Middlefield Road.............. 423
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17. Finance Committee recommends to the City Council to: 1) approve the Ordinance Authorizing Closing of the Budget for Fiscal Year 1998-99; 2) reappropriate 1998-99 funds into the 1999-00 Budget; and 3) close completed capital improvement projects and transfer remaining balances to the appropriate reserves................................................ 424
18. Ordinance Amending the Budget for the Fiscal Year 1999-00 to Provide an Additional Appropriation of $19,693 for the Johnson Park Lighting Improvements Capital Project Number 19903”............................................................ 424
19. Stewardship Agreement Between the City of Palo Alto and the Elizabeth F. Gamble Garden Center for the Kellogg Parkette.......................................................... 425
20. Council Members Burch, Kleinberg, and Lytle re Official Position of the City of Palo Alto Concerning State Propositions 12, 13, 21, 26, and 28 on the March 7, 2000, State Ballot............................................ 426
21. Council Comments, Questions, and Announcements.......... 430
ADJOURNMENT: The meeting adjourned at 10:10 p.m.............. 430
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:10 p.m. PRESENT: Beecham, Burch, Eakins, Fazzino (participated via teleconferencing from Washington D.C. at 7:15 p.m.), Kleinberg, Kniss, Lytle, Mossar, Ojakian SPECIAL ORDERS OF THE DAY
1 Proclamation Celebrating Electric Utility Centennial
Mayor Kniss presented the proclamation to Utilities Director John Ulrich. Utilities Director John Ulrich recognized and thanked all the people who worked during the past 100 years, including the retirees and employees present at that evening’s meeting. No action required. 2. Resolution 7934 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Richard Gruen for Outstanding Public Service” Mayor Kniss presented the resolution to Mr. Gruen. MOTION: Vice Mayor Eakins moved, seconded by Kleinberg, to adopt the resolution. MOTION PASSED 9-0. 3. Resolution 7935 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Bill Campbell Upon his Retirement” MOTION: Council Member Ojakian moved, seconded by Eakins, to adopt the resolution. MOTION PASSED 9-0. Mayor Kniss presented the resolution to Bill Campbell.
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4. Appointment to the Planning and Transportation Commission Council Member Burch noted there were five candidates for the Planning and Transportation Commission (P/TC). Two of the candidates were not interviewed. MOTION: Council Member Burch, seconded by Kniss, to interview the two applicants, Peter Eng and Gail Schubert, who were not previously interviewed. Council Member Ojakian clarified the Council would interview the two people not interviewed and would not reopen the application process. Council Member Fazzino supported the motion. He believed it was appropriate to accommodate the two candidates. The process of interviewing candidates for City boards and commissions needed to be reviewed. The current process to interview candidates was piecemeal. MOTION PASSED 9-0. RECESSED TO A CLOSED SESSION: 7:28 P.M - 7:45 P.M. The City Council met in Closed Session to discuss matters involving public employee appointment as described in Agenda Item No. 13. Mayor Kniss announced the following action was taken on Agenda Item No. 13. MOTION: Council Member Mossar moved, seconded by Fazzino, to appoint Frank Benest as City Manager commencing April 10, 2000. Employment Agreement Between the City of Palo Alto and Frank Benest Accepting Appointment and Employment as City Manager MOTION PASSED 9-0. Frank Benest said the process was a long one; however, he was excited about joining the City and contributing to its ample and challenging agenda. Given the City’s tradition of citizen involvement, he looked forward to collaborating with the community as well as the Council and staff. Mayor Kniss thanked Mr. Benest. She introduced Mr. Benest to Palo Alto City leaders. ORAL COMMUNICATIONS Mary Carey Schaefer, 742 Desoto Drive, spoke regarding San Francisquito Creek. Clifford Barnett, 733 Desoto Drive, spoke regarding flood emergency response.
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Ed Power, 2254 Dartmouth Street, spoke regarding politics. Seth Yetovitz, 207 High Street, spoke regarding Police Department racial profiling, and the shuttle for people who are nonsighted. Herb Borock, P.O. Box 632, spoke regarding the Bressler property appraisal.
Stephanie Munτz, 101 Alma Street, spoke regarding Palo Alto Medical Foundation/South of Forest Area. CONSENT CALENDAR Mayor Kniss requested that Item No. 7 be removed from the Consent Calendar. Council Member Mossar announced she would not participate in Item Nos. 6 and 10 due to a conflict of interest. Council Member Ojakian announced he would not participate in Item No. 6 due to a conflict of interest. MOTION: Council Member Mossar moved, seconded by Ojakian, to approve Consent Calendar Items No. 5, 6, and 8–12, with Item No. 7 being removed by staff. 5. Long Range Financial Planning–Refer to Finance Committee 6. Resolution 7936 entitled “Resolution of the Council of the City of Palo Alto Authorizing the Filing of an Application for Federal Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program Funding for the NTCIP Traffic Signal System Upgrade Project and the Palo Alto Medical Foundation/South of Forest Area Caltrain Pedestrian/Bicycle Undercrossing Project and Committing the Necessary Local Matching Funds for the Projects and Stating the Assurance of the City of Palo Alto to Complete the Projects” 7. Ordinance of the Council of the City of Palo Alto Amending Chapter 9.10 of Title 9 (Peace, Morals, and Safety) of the Palo Alto Municipal Code Regulating Noise from Leaf Blowers Ordinance of the Council of the City of Palo Alto Amending Section 9.48.040 of Chapter 9.48 of Title 9 (Peace, Morals, and Safety) of the Palo Alto Municipal Code Regulating Disposal of Rubbish, Dirt, Leaves or Debris on Streets and Other Public and Private Properties 8. Ordinance 4614 entitled “Ordinance of the Council of the City of Palo Alto Adding Chapter 9.45 of Title 9 (Peace, Morals, and Safety) to the Palo Alto Municipal Code Regulating Solicitation in Streets, Commercial Parking Area, and in and
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Adjacent to Driveway Entrances” (1st Reading 02/07/00, PASSED
5-4, Burch, Kleinberg, Lytle, Mossar “no”) 9. Request by Warren Thoits to Designate his Property Located at 611-619 Emerson Street as a Significant Historic Building (Category 2) as Recommended by the Historic Resources Board Pursuant to Municipal Code Chapter 16.49, Sections 16.49.020 and 16.49.040 10. Endorsement of the City Manager’s Request to Cable Co-op to Waive Franchise Agreement Time Lines and Follow Federal Guidelines Regarding Transfer of Ownership Request for Cable Television Franchise 11. The Finance Committee recommends to the Council approval of the Electric and Natural Gas Commodity Pricing Policy, including its key principles: direct cost recovery, risk management, indirect cost recovery, nondiscrimination, and nonsubsidization. Further, that a statement be included that one of the important principles in formulating the policies should be the ability of the City of Palo Alto Utilities to generate a stable and gradually increasing transfer to the General Fund 12. Request for Authority to Participate in Amicus Curiae in the California Supreme Court in Howard Jarvis Taxpayers Association v. City of La Habra City Manager June Fleming discussed the weather situation that evening. Emergency staff was on alert and ready to respond to the EOC if necessary. Mayor Kniss said there was some public consternation that the creek monitoring website and the teleminder were inoperable the prior weekend. Ms. Fleming said the City had difficulty with its website and staff was discussing issues with its Internet Service Provider (ISP). Staff was pursuing alternatives in the event of another power failure. The City did use the teleminder system. She reminded the Council that Mayor Kniss was at the EOC with staff. Making the calls late at night was a difficult decision; however, Mayor Kniss and staff agreed to make as many calls as possible. There was a glitch in the teleminder system that was identified and calls were stopped at approximately 1:00 a.m. Not all citizens were notified because some got the message and listened to it repeatedly and prevented staff from making other calls. Staff noticed, when reviewing “hits” to the site, that people from out of state logged on and stayed on for many hours which overloaded the system. The hits were the highest the City experienced thus far. Staff heard suggestions from citizens who experienced the flood. The sandbag issue was reviewed and staff was investigating the feasibility of purchasing a machine to load the sandbags. Staff was trying to update services and would keep the Council apprised.
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Mayor Kniss said the City was extremely fortunate that the streams did not overflow. There were some glitches and she appreciated the public’s patience. There were a number of new systems in place that tested the City; and as a result, staff knew where the problems were that required correction. She commended and thanked the people who staffed the EOC. Council Member Mossar visited a number of sites including Bayshore Bridge, Chaucer Bridge, and Middlefield Bridge. Each of the locations was manned by a public official from the City of Menlo Park, City of Palo Alto, or the Santa Clara Valley Water District (SCVWD) who answered questions. Council Member Lytle clarified her vote on the Consent Calendar. She voted yes on the Consent Calendar with the exception of Item No. 8. Council Member Fazzino thanked Mayor Kniss and Ms. Fleming for taking action and contacting the community. He said the website was one of several tools used during emergencies. He reminded the Council there should not be over reliance on any one tool. Council Member Kleinberg said she voted no on Consent Calendar Item No. 8. Ms. Fleming informed the Council staff was working on putting real-time pictures of the San Francisquito Creek at the intersection of West Bayshore Road and Highway 101 on the website. City Attorney Ariel Calonne reminded Mayor Kniss that the Consent Calendar Items needed to be read into the record. Council Member Kleinberg said she spoke with City Manager Fleming with regard to the failure of the notification system. She expressed concern in regard to the City’s dependence upon the notification system. She asked whether there were other kinds of notification systems and networks that were not dependent on system failures that the City could put into place. Ms. Fleming said the City was not at the flood stage. If flooding resulted in the City, the system was in place and would have been used and was used to an extent to get sandbags to people. She emphasized the City put out an early warning with regard to the incident over the prior weekend. None of the creeks reached 80 percent capacity. Council Member Kleinberg clarified if the system was inoperable in the event of an emergency; the City would have a backup system to notify the residents. Ms. Fleming said that was correct. Council Member Burch voted no on Consent Calendar Item No. 8.
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Mr. Calonne advised the Council that the public was entitled by law to speak to items on the Consent Calendar. When an item was not removed, the Council often allowed a person to speak to the item under the consent agenda. The Council had two choices, 1) to remove the item and place it at the end of the agenda or an appropriate area; or 2) to allow people to speak under the title of Consent Calendar. Council Member Fazzino said there were several public hearings on Item No. 8; however, people wanted to speak and he preferred to hear them now rather than later. Paul Gilbert, 460 California Avenue, said federal and state courts upheld ordinances prohibiting solicitation in the median or vehicular solicitation of any type. The American Civil Liberties Union (ACLU) recently won a panhandling case in Southern California using the argument the ordinance selectively prohibited certain kinds of speech. If the Council was concerned with public safety, then the City needed to be consistent. Council Member Kleinberg asked whether Mr. Gilbert had any information on the ACLU suit. Mr. Gilbert said he would provide the information. Seth Yetovitz, 207 High Street, hoped the Council would base the locations for the ordinance on a history of safety and not on a history of any type speech. Ken Russell, 337 Chestnut Avenue, said many in the community did not think the ban was a matter of public safety or bad behavior. Dorcas Cheng, P.O. Box 13430, Stanford, was part of a volunteer group called Night Outreach. Night Outreach went out into the streets of the Downtown and worked to build friendships with the homeless people and the community. Night Outreach felt the need to voice its concern. The ordinance was unfair and targeted a certain population that was already marginalized. She submitted a petition against the ordinance. Victor Frost, P.O. Box 213, Palo Alto, said the Constitution was the most important thing in the lives of Americans. The government was based upon the Constitution and the rights of United States citizens were protected by it. The community must come together, work together, and fight for Constitutional rights. The Council Members took an Oath of Office to support and defend the Constitution of the United States, the Charter of the City of Palo Alto, against all enemies, foreign and domestic. Violation of the Oath of Office was legal grounds for recall. Brian McBrady, 683 Lomita, Stanford, was opposed to the panhandling ordinance.
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Stephanie Munoz, 101 Alma Street, believed that safety was a valid concern and should be looked at from a safety point of view rather than the narrow idea of removing people from certain intersections. Angud Bhalla, P.O. Box 14306, Stanford, quoted Section 9.45.020 (b) of the ordinance. Section 9.45.020 (b) was put in place so it seemed like the target group was not the homeless but people in vehicles. He believed Section 9.45.020 would ban automobiles or buses that carried advertising to pass by the medians that were prohibited. Council Member Kleinberg asked whether the implementation of the ordinance should be stayed until the outcome of the ACLU lawsuit. Mr. Calonne said there had been no lower court decision and it was the first time federal courts took advantage of a rule that allowed it to refer a constitutional question back to the state court. The federal court was simply asking whether the state court accepted the U.S. Supreme Court’s view regulating solicitation was not a content-based speech restriction. He said staying implementation of the ordinance was not necessary from a legal standpoint. Council Member Burch clarified that his no vote on Item No. 8 did not mean that Council Members voting yes on the item had no compassion to the plight of the homeless population. Douglas Cowan, P.O. Box 213, reminded the Council there was no statistical evidence that there was any problem with regard to people holding signs in the median. He recommended the City review the ordinance. MOTION PASSED 9-0, for Item Nos. 5, 9, 11, and 12. MOTION PASSED 7-0, for Item No. 6, Mossar, Ojakian “not participating.” MOTION PASSED 5-4, for Item No. 8, Burch, Kleinberg, Lytle, Mossar “no.” MOTION PASSED 8-0, for Item No. 10, Mossar “not participating.” CLOSED SESSION
This item may occur during the recess or after the Regular Meeting. 13. Public Employee Appointment Title: City Manager Authority: Government Code section 54957 UNFINISHED BUSINESS 13A. Resolution Scheduling the City Council Vacation for Calendar Year 2000 (continued from 2/15/00)
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MOTION: Council Member Mossar moved, seconded by Ojakian, to adopt the resolution to schedule the City Council vacation for Tuesday, August 8, to Friday, September 8, 2000. Resolution 7937 entitled “Resolution of the Council of the City of Palo Alto Scheduling the City Council Vacation for Calendar Year 2000” MOTION PASSED 9-0. PUBLIC HEARINGS 14. PUBLIC HEARING: The City Council will consider a Planned Community (PC) Zoning District amendment and Conditional Use Permit applications by ChildrenFirst, Inc. on behalf of Stanford Management Board of Trustees of Leland Stanford Junior University to allow the establishment of a day care center in a portion of a single-story, commercial-office building located at 3000 El Camino Real, the southwest corner of El Camino Real and Page Mill Road (3 Palo Alto Square). (Item to be continued at the request of staff to a date uncertain) MOTION: Council Member Mossar moved, seconded by Eakins, to continue Item No. 14 to a date uncertain. MOTION PASSED 9-0. 15. PUBLIC HEARING: The Palo Alto City Council will consider an appeal by Francesco Carruba of the Zoning Administrator’s denial of a Use Permit for property located at 200 Sheridan Avenue to allow live music at an established eating and drinking restaurant (Item to be continued at the request of staff to a date uncertain) MOTION: Council Member Mossar moved, seconded by Eakins, to continue Item No. 15 to a date uncertain. MOTION PASSED 9-0. 16. PUBLIC HEARING: The City Council will consider Leases with Sprint Spectrum L.P. for Placement of Telecommunication Facilities at the Palo Alto Fire Stations Located at 799 Embarcadero Road and 3600 Middlefield Road (Item to be continued at the request of staff to a date uncertain) MOTION: Council Member Mossar moved, seconded by Eakins, to continue Item No. 16 to a date uncertain. MOTION PASSED 9-0. REPORTS OF COMMITTEES AND COMMISSIONS
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17. Finance Committee recommends to the City Council to: 1) approve the Ordinance Authorizing Closing of the Budget for Fiscal Year 1998-99; 2) reappropriate 1998-99 funds into the 1999-00 Budget; and 3) close completed capital improvement projects and transfer remaining balances to the appropriate reserves. Ordinance 4615 entitled “Ordinance of the Council of the City of Palo Alto Authorizing Closing of the Budget for Fiscal Year 1998-99” MOTION: Council Member Mossar moved, seconded by Ojakian, authorizing: 1) closing the 1998-99 Budget; 2) reappropriation of 1998-99 funds into the 1999-00 Budget; and 3) closing completed capital improvement projects and transferring remaining balances to the appropriate reserves. MOTION PASSED 9-0. ORDINANCES 18. Ordinance Amending the Budget for the Fiscal Year 1999-00 to Provide an Additional Appropriation of $19,693 for the Johnson Park Lighting Improvements Capital Project Number 19903” City Manager June Fleming said the Architectural Review Board (ARB) chose light fixtures that cost three times more than ones that were recommended by the consultants. As a result, the choice of light fixtures changed not only the Johnson Park Project, but would also force staff to look at all lighting throughout the City. Council Member Kleinberg saw attractive lighting fixtures that included solar panels. She asked whether the project fit into an overall effort to try and provide for alternative power sources. Community Services Deputy Director Richard James said the fixtures did not have solar panels; however, the type of lighting used was highly efficient lighting. Council Member Kleinberg asked whether the possibility for using solar energy for the lights was explored and whether staff knew what the cost for solar energy would be versus electricity. Ms. Fleming said the concept was not explored. Council Member Kleinberg asked whether the City had any policies regarding exploration of solar power.
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Ms. Fleming said no. MOTION: Council Member Mossar moved, seconded by Ojakian, to approve the staff recommendation as follows: Ordinance 4616 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1999-00 to Provide an Additional Appropriation of $19,693 for the Johnson Park Lighting Improvements Capital Project Number 19903” Amendment to Contract #C9112674 with Andersen Electric, Inc. Increasing the Contract by $30,570, for a total of $67,570 MOTION PASSED 9-0. REPORTS OF OFFICIALS 19. Stewardship Agreement Between the City of Palo Alto and the Elizabeth F. Gamble Garden Center for the Kellogg Parkette City Manager June Fleming said staff resolved all issues related to Kellogg Parkette. The Elizabeth F. Gamble Garden Center staff and its Board was enthusiastic about the agreement. Staff believed the agreement would be an enhancement to what already existed on the site. Council Member Burch said the proposal was good. He was impressed with Gamble Garden. He supported the agreement. Pat Parrish Davis, President, Gamble Garden Center, 1861 Middlefield Road, said giving a stewardship to volunteers was a risky decision; however, 15 years later the stewardship proved to be a wise decision because the volunteers guarded the property and cared for the stewardship. The Council was placing Kellogg Parkette in good hands. Don Ellis, Horticulturist, Gamble Garden Center, 1431 Waverley Street, thanked the Council for taking the stewardship under consideration. Gamble Garden Center would take its garden and expand out to Kellogg Parkette, making it more accessible to the community. He looked forward to planting a new garden that the City would be proud of. Fred Eyerly, 101 Alma Street, said staff was cooperative in helping the Gamble Garden Center bring the stewardship forward. Except for special events, Gamble Garden Center was open free of charge to the public. There was a heritage tree in the stewardship agreement. The tree cost approximately $1,000 to maintain once every two years. He hoped the City would help the Gamble Garden Center and set aside funds in the Budget to cover the cost of maintaining the heritage tree. He encouraged the Council to approve the stewardship agreement.
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Ms. Fleming was in the process of doing the budget and would take Mr. Eyerly’s request into consideration. MOTION: Council Member Mossar moved, seconded by Eakins, to execute the stewardship agreement between the City of Palo Alto and the Elizabeth F. Gamble Garden Center for the care and management of the Kellogg Parkette. Council Member Kleinberg clarified that Section II(C) of the agreement stated tree maintenance was part of the stewardship. Ms. Fleming requested the Council approve the agreement and delete the section relating to tree maintenance. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove the heritage tree maintenance from the stewardship agreement and to direct the City Manager to include the maintenance in the next budget process. Council Member Burch said there was more than one tree on the property. Mayor Kniss believed only maintenance regarding the heritage tree was being deleted from the agreement. MOTION PASSED 9-0. COUNCIL MATTERS 20. Council Members Burch, Kleinberg, and Lytle re Official Position of the City of Palo Alto Concerning State Propositions 12, 13, 21, 26, and 28 on the March 7, 2000, State Ballot Council Member Kleinberg said the propositions had a significant impact on the wellbeing of the constituency as well as sources of funding that made it possible for the City to improve the wellbeing of the constituency. While the propositions were not the usual method by which the City protected or leveraged the resources, the particular propositions had a dramatic effect, both pro and con. It was incumbent on the Council to take a stand and speak out in favor of Propositions 12, 13, and 26, and against Propositions 21 and 28. Council Member Mossar applauded her colleagues for their concern for the community. She shared their reaction to the propositions; however, she was concerned in regard to the process taken. There was no opportunity for balanced consideration of the propositions and no process to determine what issues were appropriate to be brought before the Council. She reviewed the information and noticed the League of California Cities (LCC) took a stand on Proposition 21 that was contrary to the stand recommended by Council Members Burch, Kleinberg, and Lytle. Although she did not turn to the LCC to decide how to vote, she was interested in the
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LCC’s position. She received information on Proposition 21 from Police Chief Dwyer. She mentioned that Chief Dwyer was interested in Proposition 15, because he believed his department would benefit greatly from the money that would be made available for crime labs. The Council did not have the opportunity to discuss whether it wanted to endorse Proposition 15. She was not comfortable with the process. She suggested referring the matter to the Policy and Services Committee to set procedural guidelines. Vice Mayor Eakins concurred with Council Member Mossar’s concerns regarding the process. She believed all intentions were admirable; however, she was concerned that there were no City policies concerning the issues. MOTION TO TABLE: Vice Mayor Eakins moved, seconded by Mossar to table discussion of Proposition 21. MOTION TO TABLE PASSED 6-3, Burch, Kleinberg, Lytle, “no.” City Manager June Fleming said staff approached her with Proposition 21. She informed staff there was no process in place to deal with propositions; therefore, she did not allow the item to be brought before the Council. Council Member Burch asked whether Council intended on voting on each proposition individually. Mayor Kniss said the propositions would be voted on as a whole. Herb Borock, P.O. Box 632, said at one time, the City Manager’s office and the City Council had a process to deal with legislation. Council previously had a legislative committee and the City Manager’s Office had staffing to analyze the legislation. Council Member Fazzino recollected when he was Chair of the Policy and Services Committee a few years prior, the Committee approved a new legislative policy, which included consideration of initiative matters. Staff was asked to evaluate initiatives and legislation on the basis of existing City policies. He understood staff decided there was nothing that was related to current City policy and therefore did not bring any proposals to the Council. Ms. Fleming said staff and Council previously had a process; however, staff was cut back and the City reverted to the abbreviated process which Council Member Fazzino described. The City Manager’s Office no longer had the staff to analyze legislation. Mayor Kniss asked whether Proposition 21 could be tied to City policy. Ms. Fleming said she could not locate a specific policy for Proposition 21.
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Council Member Ojakian was only interested in the Council endorsing Proposition 12. He also agreed with Police Chief Dwyer that Proposition 15 could have some direct benefit to the City. He was comfortable with endorsing Proposition 15 because the week prior the Council endorsed Proposition 14, which dealt with library financing. Council Member Beecham believed the Council should take action on legislation that was related to those that impacted the City. In terms of an appropriate process, he suggested referring the matter to the Policy and Services Committee to redefine the process relative to how the Council handled propositions in the future. MOTION: Council Member Beecham, seconded by Mossar, moved to take no action on the remaining propositions but refer the process issue for handling propositions to the Policy and Services Committee for discussion. Council Member Fazzino clarified action would not be taken on Item No. 20 at that evening’s meeting. Mayor Kniss said that was correct. Council Member Beecham said a process should be set up. Mayor Kniss clarified in the future, a process should be set up to deal with legislation. Council Member Fazzino appreciated the intent of the motion. He supported part of the motion, which was the need to review policy with respect to taking a position on initiatives. However, he did not oppose to individual Council Members bringing his/her own proposals to the Council for support. He opposed the substitute motion. Proposition 21 was confusing and should be an issue the legislature dealt with not the voters. There were reasons to support Proposition 26, which had a direct impact on the City as well as the school district. He opposed the motion, because it included language not to take a position on the measures. He requested the motion be separated. MOTION DIVIDED FOR PURPOSES OF VOTING FIRST PART OF THE MOTION: Council Member Beecham moved, seconded by Mossar, to refer the process issue for handling propositions to the Policy and Services Committee for discussion. FIRST PART OF THE MOTION PASSED 9-0. Council Member Kleinberg said if the Council did not vote on the propositions at that evening’s meeting, it would be seen, in her opinion, as an opposition to taking the stand on matters that had a direct impact on constituents within the City.
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Council Member Burch agreed with Council Member Kleinberg. The Council would be remiss in its responsibility to the community if it did not vote yes on Propositions 12, 13, and 26. Council Member Mossar reminded the Council that by moving forward at that evening’s meeting, as laudable as the propositions might be, the Council would not be able to have any meaningful dialog of other important issues on the ballot, which precluded the Council’s ability to support them. The Council could not act on Proposition 15 because it was not agendized. Measure G also had an impact on the community and could not be discussed because it was not agendized. Council Member Fazzino said the Council did take a position on Measure G in December 1999. The Council supported Measure G and was listed as the primary advocate of the measure. He emphasized the Council did have a process to discuss legislation. MOTION: Council Member Beecham moved, seconded by Kniss, to continue discussion on the remaining propositions. MOTION PASSED 6-3, Beecham, Eakins, Mossar, “no.” MOTION: Council Member Ojakian moved, seconded by Kniss, to endorse Proposition No. 12. MOTION PASSED 8-1, Mossar “no.” Council Member Kleinberg encouraged the Council’s support of Proposition 10, which the State of California on a previous vote passed. Proposition 28 sought to repeal Proposition 10. Vice Mayor Eakins could not connect any City policies to the propositions. She would personally vote no on Proposition 28; however, she did not believe the City taking or not taking a position meant it supported the proposition. Council Member Beecham asked whether there were programs the City was involved in that received funds as a result of Proposition 10. Council Member Kleinberg said the early childhood development funds would be allocated to districts within the county where children were in need of quality childcare and early childhood development resources. Palo Alto Community Childcare would be in line to receive funding from the early childhood development funds. There were adopted Comprehensive Plan policies that encouraged the Council to take a leadership role in addressing certain community services. Council Member Mossar sat on the Community Services Policy Committee (CSP) for the League of California Cities (LCC). The CSP had a number of conversations regarding Proposition 10 and 28, and the difficulty cities had obtaining any of the monies because the money was given to the counties for distribution; therefore, there
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was not a clear path identified of funding of the money to Palo Alto. A city as well to do as Palo Alto would not compete favorably for the funds. Mayor Kniss supported the propositions brought before the Council. The propositions were health issues as much as they were policy issues; however, she supported the Council reiterate that it work out a coordinated process to follow in the future. MOTION: Council Member Kleinberg moved, seconded by Lytle, to endorse a “yes” vote on Propositions 13 and 26, and a “no” vote on Proposition 28. MOTION PASSED 5-4, Beecham, Eakins, Ojakian, Mossar, “no.” 21. Council Comments, Questions, and Announcements Council Member Ojakian advised the public of a letter received in the Council packet from the District Attorney’s office commending the City’s police force in the murder case of Bert Kay. He extended his gratitude for the police work done on the case. Vice Mayor Eakins spoke regarding the shuttle and American with Disabilities Act (ADA) issues for the shuttle. She suggested staff get advice from the Santa Clara Valley Transportation Agency (VTA) for ADA compliance. Mayor Kniss announced a special meeting regarding potential conversations with the Palo Alto Unified School District regarding increased enrollment on March 8, 2000, from 5:30 p.m. to 7:00 p.m. due to time constraints. The joint meeting with the Youth Commission would still be held at 7:00 p.m. ADJOURNMENT: The meeting adjourned at 10:10 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.
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