HomeMy WebLinkAbout2000-03-20 City Council Summary Minutes Special Meeting March 20, 2000
1. Study Session re Cable Co-op..................................467
ADJOURNMENT: The meeting adjourned at 8:05 p.m...................469
1. Selection of Candidates to be Interviewed for the Human Relations Commission........................................470
2. Appointment to the Planning and Transportation Commission...470
ORAL COMMUNICATIONS..............................................471
APPROVAL OF MINUTES..............................................472
3. Approval of a Resolution and an Ordinance to Amend the City of Palo Alto’s Contract with the PERS to Include Government Code Section 20434 Which Will Allow Any Officers or Employees of a Fire Department Employed to Perform Duties of Fire Fighting, Fire Prevention, Fire Training, Hazardous Materials, Emergency Medical Services or Fire or Arson Investigation Services to be Defined as Local Fire Fighters for the Purposes of Retirement Benefits..........................................................472
4. Contract Between the City of Palo Alto and A.P. Construction Co., Inc. in the Amount of $314,852 for Lucie Stern Community Center Courtyard and Walkways Phase I Project..........................................................472
5. Contract Between the City of Palo Alto and B&B Landscape Contractors Inc. in the Amount of $300,000 for Renovation of the Irrigation System at the Palo Alto Lawn Bowling Green and the Cubberley Community Center Athletic Fields..........................................................472
6. Clarification of Utilities Director Authority Under the Palo Alto Municipal Code to Sell and Purchase Commodities and Organization
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..........................................................473
7. Resolution 7942 entitled “Resolution of the Council of the City of Palo Alto Declining the City of Palo Alto’s Subgrant Entitlement Under the Juvenile Accountability Incentive Program and Authorizing Redistribution of that Entitlement of Santa Clara County for Mutually Beneficial Juvenile Crime Enforcement Programs”..........................................................473
8. Resolution 7943 entitled “Resolution of the Council of the City of Palo Alto Designating Street and Driveway Entrance Locations Where Solicitation of Employment, Business or Contributions is Prohibited”..........................................................473
9. Ordinance 4620 entitled “Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Prezone Certain Property Known as 1237-1275 San Antonio Road to PF(D) District”..........................................................473
10. Ordinance 4612 entitled “Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Known as 528 High Street (Parking Lot R) from PF to PC”..........................................................473
11. Conference with Labor Negotiator..........................................................474
12. Conference with Labor Negotiator..........................................................474
13. PUBLIC HEARING: The Palo Alto City Council will consider an appeal by Rick and Karen Jew et al, of the Planning Manager’s decision to approve a Conditional Use Permit application at 3655 Middlefield Road, to allow a second detached single family unit..........................................................474
14. Approval of Palo Alto Public Improvement Corporation Financial Statements
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..........................................................474
ADJOURNED TO A MEETING OF THE PALO ALTO PUBLIC IMPROVEMENT CORPORATION BOARD OF THE DIRECTORS AT 9:30 P.M...........................................................474
RECONVENED TO THE REGULAR CITY COUNCIL MEETING AT 9:35 P.M...........................................................475
Council Comments, Questions, and Announcements..........................................................475
ADJOURNMENT: The meeting adjourned at 9:43 p.m...........................................................475
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:00 p.m. PRESENT: Beecham, Burch, Eakins, Fazzino, Kleinberg, Kniss, Lytle, Ojakian ABSENT: Mossar SPECIAL MEETING 1. Study Session re Cable Co-op Director of Administrative Services Carl Yeats made a presentation updating the City Council on the Cable Television Franchise Renewal and Transfer Processes. The City of Palo Alto, representing itself and the Joint Exercise of Powers Agreement (JPA) agencies Menlo Park, East Palo Alto, Atherton, and parts of San Mateo and Santa Clara Counties, was engaged in two separate cable television processes: a renewal and a transfer. Mr. Yeats explained that the renewal typically takes 30 to 36 months and began in the Spring of 1998. It had three phases. Phase One was development of a renewal plan and timeline, and education campaign. Phase Two was a review of the past performance of Cable Co-op and identification of future cable-related needs. Phase Three was establishment of desired outcomes and actual negotiations. Mr. Yeats detailed the powers of a local franchise authority, which were established by state and federal law, and by the franchise agreement itself. The City of Palo Alto can require support of public, educational, and government access; establish customer service standards; regulate the video portion of services offered; regulate data services; require construction of an Institutional Network; and require a system design that meets future needs. Palo Alto cannot regulate rates (except for the lowest cost tier of service); dictate channel placement (except for PEG access channels); establish a franchise fee greater than five percent of gross revenues; grant an exclusive franchise; or regulate voice (telephone) services. Mr. Yeats said Palo Alto might deny a renewal because substantial noncompliance with terms of the existing franchise agreement existed; because service quality had not been reasonable in light of community need; because the provider lacked financial, legal, or technical ability to provide services, facilities and equipment; or because the provider proposal did not meet cable-related community needs and interests, considering cost. Mr. Yeats explained that the transfer process was governed by federal and state law, and the franchise agreement itself. It began when a complete Federal Communications Commission Form 394 was submitted to the City, along with supporting documentation. Upon
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receipt of a Form 394, the City has 30 days to determine whether it was complete and accurate, and request additional information. Once a transfer request was deemed complete, federal law allowed 120 days for review, the franchise agreement 90 days. If no action was taken in the 120 day period, and no extension was granted, the transfer was deemed approved. Mr. Yeats outlined the potential terms and conditions of a transfer, which could include curing any franchise noncompliance and damages (if any) owed with regard to past noncompliance; addressing any issues identified in the Form 394 and Asset Purchase Agreement; establishment of conditions related to past noncompliance; abiding by terms and conditions of existing franchise agreement; and maintenance of level of current service offerings not detailed in franchise agreement. The City might deny a transfer request based upon the buyer’s unique legal, technical, and character qualifications and its ability to provide the required cable service; if the proposed transfer would eliminate or reduce competition on the delivery of cable service; the buyer refused to accept the terms of the existing franchise agreement; or because noncompliance issues were not addressed. Mr. Ron Kirkeeng, CEO and General Manager of Cable Co-op, made a presentation about Cable Co-op and AT&T. He outlined that Cable Co-op had loans coming due on July 31, and that in order for the deal to be completed with AT&T, the City had to transfer and grant a new franchise with AT&T by June 30, 2000. Mr. Kirkeeng asked that the process move as quickly as possible in order to allow the deal to occur. Mayor Kniss asked Mr. Kirkeeng what kind of changes could be expected with AT&T running the cable system. Mr. Kirkeeng said he believed there would be an improved system with more channels and fiber; that the creation of the Silicon Valley Community Communications would allow for greater funding for local programming; that AT&T would offer local telephone services; that customer service would improve; and that digital cable could be introduced. Councilmember Beecham asked staff whether the schedule requested by Cable Co-op could be achieved. Mr. Yeats said that staff was confident that the transfer could be completed in the timeframe; the concern was regarding the renewal. Mr. Yeats emphasized the importance of completing the community needs assessment process. However, he indicated that staff was prepared to begin negotiating with AT&T now to accommodate their request to meet the deadlines. City Manager June Fleming followed up and said that staff agreed to try and accelerate the process, and that it might be necessary in the future to call special Council meetings. She pointed out that the real issue involved how long it would take to negotiate the more difficult issues of I-Net, community access, and open access.
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Mayor Kniss reiterated that the public process and input was important, as was local programming. Kenneth Freiberg supported for the cable radio. Stephanie Munoz was concerned about a for-profit company owning the cable company. ADJOURNMENT: The meeting adjourned at 8:05 p.m.
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Special Meeting March 20, 2000 The City Council of the City of Palo Alto met on this date in the Council Chambers at 8:05 p.m. PRESENT: Beecham, Burch, Eakins, Fazzino, Kleinberg, Kniss, Lytle, Mossar, Ojakian SPECIAL ORDERS OF THE DAY 1. Selection of Candidates to be Interviewed for the Human Relations Commission MOTION: Council Member Kleinberg moved, seconded by Ojakian, not to interview the three incumbents (Agiewich, Khabbaz, and Pierce). MOTION PASSED 9-0. City Clerk Donna Rogers announced that Edmond Fung, Bernard Greenberg, Anne Grillot, Ann Ozer, Lakiba Pittman, Jennifer Savage-Cronwall, Linda Slone, and Dea Smith received four or more votes and would be interviewed on March 27, 2000. 2. Appointment to the Planning and Transportation Commission Mayor Kniss supported Peter Eng. She did not recall having an Asian-American serve on the Planning Commission. She would support Bonnie Packer on the second round of voting if there was not enough support for Mr. Eng. Council Member Fazzino said there were five outstanding candidates and he was comfortable with appointing any of the candidates to the Planning and Transportation Commission. Ms. Packer served her apprenticeship through a number of planning activities within the City and was active on the Comprehensive Plan. He believed it was important to have individuals serve on commissions who were not from north of the Oregon Expressway. Council Member Lytle agreed with Council Member Fazzino. She worked with Yoriko Kishimoto and Bonnie Packer. She supported Ms. Kishimoto because of her interest in transportation matters. She also shared Council Member Fazzino’s concern for geographic distribution in the Board and Commission appointments. Vice Mayor Eakins said without diversity, there were fewer points of view. She supported Ms. Packer for the Planning and Transportation Commission. Council Member Burch was impressed by all five candidates; however, he picked who he felt would be the best person for the Planning and Transportation Commission and was not swayed by ethnicity or by
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location. He believed ethnicity and location were secondary, if not irrelevant. He was impressed with Ms. Kishimoto’s knowledge of transportation issues. He supported Ms. Kishimoto. Council Member Mossar said there were a number of talented individuals to choose from. She agreed it was important that the Council appoint an individual who was a long-term and active member in South Palo Alto. She supported Ms. Packer. Mayor Kniss supported Ms. Packer. She believed the Council was fortunate to have exceptional candidates. FIRST ROUND OF VOTING FOR PLANNING AND TRANSPORTATION COMMISSION VOTING FOR PETER ENG: Kniss, Mossar VOTING FOR MICHAEL GRIFFIN: VOTING FOR YORIKO KISHIMOTO: Burch, Kleinberg, Lytle, Ojakian VOTING FOR BONNIE PACKER: Beecham, Eakins, Fazzino VOTING FOR GAIL SCHUBERT: City Clerk Donna Rogers announced that none of the candidates received five or more votes, and another ballot was in order. SECOND ROUND OF VOTING FOR PLANNING AND TRANSPORTATION COMMISSION VOTING FOR PETER ENG: VOTING FOR MICHAEL GRIFFIN: VOTING FOR YORIKO KISHIMOTO: Burch, Kleinberg, Lytle, Ojakian VOTING FOR BONNIE PACKER: Beecham, Eakins, Fazzino, Kniss, Mossar VOTING FOR GAIL SCHUBERT: City Clerk Donna Rogers announced that Bonnie Packer received five votes and was appointed on the second ballot. RECESSED TO A CLOSED SESSION: 8:20 P.M. TO 9:05 P.M. The City Council met in Closed Session to discuss matters involving labor negotiation as described in Agenda Item Nos. 11 and 12. Mayor Kniss announced that no reportable action was taken on Agenda Item Nos. 11 and 12. ORAL COMMUNICATIONS
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Ed Power, 2254 Dartmouth Street, spoke regarding politics. Ben Bailey, 600 Homer Avenue, spoke regarding the big 3-mph bicycle stop sign caper. Patrice Langevin, Public Art Commission, spoke regarding current projects. Peter Carpenter, 1 Larch Drive, Atherton, spoke regarding the annual report from the Joint Community Relations Committee - Palo Alto Airport. APPROVAL OF MINUTES MOTION: Council Member Mossar moved, seconded by Ojakian, to approve the Minutes of February 7, 2000, as submitted. MOTION PASSED 8-0, Fazzino absent. CONSENT CALENDAR Council Member Beecham announced he would not participate on Agenda Item No. 10 due to a conflict of interest. Council Members Burch, Lytle, and Mossar announced they would vote no on Agenda Item No. 8. MOTION: Council Member Beecham moved, seconded by Ojakian, to approve Consent Calendar Item Nos. 3-10. 3. Approval of a Resolution and an Ordinance to Amend the City of Palo Alto’s Contract with the PERS to Include Government Code Section 20434 Which Will Allow Any Officers or Employees of a Fire Department Employed to Perform Duties of Fire Fighting, Fire Prevention, Fire Training, Hazardous Materials, Emergency Medical Services or Fire or Arson Investigation Services to be Defined as Local Fire Fighters for the Purposes of Retirement Benefits – Refer to the Finance Committee 4. Contract Between the City of Palo Alto and A.P. Construction Co., Inc. in the Amount of $314,852 for Lucie Stern Community Center Courtyard and Walkways Phase I Project 5. Contract Between the City of Palo Alto and B&B Landscape Contractors Inc. in the Amount of $300,000 for Renovation of the Irrigation System at the Palo Alto Lawn Bowling Green and the Cubberley Community Center Athletic Fields Contract Between the City of Palo Alto and Sand Channel Greens, Inc., in the Amount of $68,510 for the Installation of a New Drainage System at the Cubberley Community Center Football Field
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6. Clarification of Utilities Director Authority Under the Palo Alto Municipal Code to Sell and Purchase Commodities and Organization 1st Reading entitled “Ordinance of the Council of the City of Palo Alto Amending Section 2.08.200 of Chapter 2.08 of Title 2, of the Palo Alto Municipal Code Relating to the Department of Utilities and the Duties of the Director of Utilities” 7. Resolution 7942 entitled “Resolution of the Council of the City of Palo Alto Declining the City of Palo Alto’s Subgrant Entitlement Under the Juvenile Accountability Incentive Program and Authorizing Redistribution of that Entitlement of Santa Clara County for Mutually Beneficial Juvenile Crime Enforcement Programs” 8. Resolution 7943 entitled “Resolution of the Council of the City of Palo Alto Designating Street and Driveway Entrance Locations Where Solicitation of Employment, Business or Contributions is Prohibited” 9. Ordinance 4620 entitled “Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Prezone Certain Property Known as 1237-1275 San Antonio Road to PF(D) District” (1st Reading 3/6/00, Passed 9-0) 10. Ordinance 4612 entitled “Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Known as 528 High Street (Parking Lot R) from PF to PC” (2nd Reading 2/7/00, Passed 8-0 Beecham “not participating”)
Ordinance 4611 entitled "Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Known as 445 Bryant Street (Parking Lots S/L) from PF and CD-C (P) to PC” (2nd Reading 2/7/00, Passed 6-2, Burch, Fazzino “no,” Beecham “not participating”) Council Member Kleinberg opposed the panhandling ordinance; however, because Council Member Fazzino had to leave the meeting, she was concerned that the Council would be in a 4-4 split. The possibility was that the item would be brought back to Council again. She did not favor the content of the ordinance; however, in the interest of moving forward, she would change her vote to yes on Consent Calendar Item No. 8. Council Member Mossar was opposed to Consent Calendar Item No. 8; however, for the sake of moving forward, she would change her vote to in favor of Consent Calendar Item No. 8.
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Council Members Burch and Lytle said they would change their votes in favor of Consent Calendar Item No. 8. MOTION PASSED 8-0, for Item Nos. 3-9, Fazzino absent. MOTION PASSED 7-0, for Item No. 10, Beecham “not participating,” Fazzino absent. CLOSED SESSION
This item may occur during the recess or after the Regular Meeting. 11. Conference with Labor Negotiator Agency Negotiator: City Manager and her designees pursuant to the Merit System Rules and Regulations (Jay Rounds, Judith Jewell) Represented Employee Organization: International Association of Firefighters (IAFF), Local 1319 Authority: Government Code section 54957.6 12. Conference with Labor Negotiator Agency Negotiator: City Manager and her designees pursuant to the Merit System Rules and Regulations (Jay Rounds, Lynne Johnson, Susan Ryerson, Brad Zook, Tom Merson) Represented Employee Organization: Palo Alto Peace Officers’ Association (PAPOA) PUBLIC HEARINGS 13. PUBLIC HEARING: The Palo Alto City Council will consider an appeal by Rick and Karen Jew et al, of the Planning Manager’s decision to approve a Conditional Use Permit application at 3655 Middlefield Road, to allow a second detached single family unit. (Item to be continued to 4/17/00 at the request of staff.) ITEM CONTINUED BY CONSENSUS OF THE COUNCIL to a date uncertain. REPORTS OF OFFICIALS 14. Approval of Palo Alto Public Improvement Corporation Financial Statements ADJOURNED TO A MEETING OF THE PALO ALTO PUBLIC IMPROVEMENT CORPORATION BOARD OF THE DIRECTORS AT 9:30 P.M. MOTION: Board Member Ojakian moved, seconded by Beecham, to approve the 1998-1999 Financial Statements for the Public Improvement Corporation.
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MOTION PASSED 8-0, Fazzino absent. RECONVENED TO THE REGULAR CITY COUNCIL MEETING AT 9:35 P.M. COUNCIL MATTERS 15. Council Comments, Questions, and Announcements Council Member Beecham asked City Manager June Fleming about the petition received from Channing Park 1 and 2 Eichler neighborhood. Ms. Fleming said there were two issues: Single overlay zone and a moratorium. Staff was working on the matter and would report back. Council Member Mossar reported on several items from workshops she attended at the National League of Cities Conference in Washington D.C. regarding: 1) Railroad train noise - state funding available to declare a whistle free zone; 2) NOISE session - City should join NOISE to work on the issues regarding airport noise; and 3) NRDC meeting - location efficient mortgages will be available in the Bay Area to allow more financing for mortgages close to mass transit areas. She encouraged staff to look that item. Mayor Kniss asked Ms. Fleming about the inequities in the costs homeowners pay for connection to underground utilities. Council Member Mossar said the prior Council felt that the cost to the individual homeowner was modest in comparison to the undergrounding benefit to the community. Ms. Fleming said staff would meet with the Mayor and explain the matter. ADJOURNMENT: The meeting adjourned at 9:43 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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