HomeMy WebLinkAbout2008-04-07 City Council Summary Minutes
04/07/08 103-080
Special Meeting
April 7, 2008
STUDY SESSION.............................................................................................82
1. Revenue and Expense Options to Help the General Fund Accommodate
Financing for the Public Safety Building.....................................................82
ORAL COMMUNICATIONS.................................................................................82
APPROVAL OF MINUTES...................................................................................83
CONSENT CALENDAR ......................................................................................83
4. Resolution 8808 “Resolution of the Council of the City of Palo Alto
Authorizing Execution of a Cooperative Agreement with the State of
California Department of Transportation for the Stanford Avenue/El Camino
Real (Route 82) Intersection Improvements Project”...................................84
5. Approval of the Reclassification of an Existing City of Palo Alto Historic
Resource from a Category 4 to a Category 2 and Record of Land Use Action
for 2300 Wellesley Avenue (College Terrace Library)...................................84
7. Approval of a Water Enterprise Fund Purchase Order with Generator Services
Company, Inc. in an Amount Not to Exceed $251,222 for the Purchase of
Three Portable Generator Sets to Provide Backup Power for Water Well Sites
and Lift Stations, Capital Improvement Program Project WS-07004. .............84
8. Cancellation of April 21, 2008 Council Meeting and Calling a Special Council
Meeting of April 28, 2008........................................................................84
9. This Item Number has Been Intentionally Left Blank...................................84
10. Recommendation of the Council/Council Appointed Officers Committee to
Retain The Waters Consulting, Inc. for the City Auditor Recruitment at a Cost
Not to Exceed $30,000. ..........................................................................84
11. Request for Authorization to Increase Existing Contracts with: (1) the Law
Firm of Rankin, Landsness, Lahde, Serverian & Stock by an Additional
$50,000 For a Total Contract Not to Exceed Amount of $135,000; (2) the
Law Offices of Scott Pinsky by an Additional $125,000 For a Total Contract
Not to Exceed Amount of $165,000 and (3) the Law Firm of Hanson Bridgett
04/07/08 103-81
by an Additional $90,000 For a Total Contract Not to Exceed Amount of
$140,000. ............................................................................................85
11B. (former No. 6) Approval of a Contract with Synlawn, Inc. in the Amount of
$399,939 for the Renovation of the Driving Range at the Palo Alto Municipal Golf
Course, Capital Improvement Program Project..............................................85
SPECIAL ORDERS OF THE DAY..........................................................................87
11C. (former no. 2) Vote and Appointment of Applicant to the Architectural Review
Board for Unexpired Term of Heather Trossman Ending September 30, 2009. 87
First Round of Voting for Four One Architectural Review Board Members.................87
UNFINISHED BUSINESS ..................................................................................87
12 Adoption of Council “Top 4” Priorities and Milestones for 2008: Civic
Engagement; Environmental Protection; Library Plan/Public Safety Building;
and Economic Health..............................................................................87
13 Proposal to Assign Staff to Review Potential Access from Wilkie Way to
SummerHill/Elks Lodge Project ................................................................98
14. Proposal to Assign Staff to Review the Pros and Cons of Requiring Public vs.
Private Streets (including clearance for refuse hauling). ..............................98
15. Proposal to Assign Staff to Review Potential Changes to the Process for the
Architectural Review Board (ARB) Review of Large Projects .........................101
15A. (former no. 3) Approval of a Final Map to Subdivide the Elks Lodge Site into
Two Lots for a New Lodge and a Multi-Family Residential Project, Located at
4249 and 4251 El Camino Real. ...............................................................102
REPORTS OF OFFICIALS ..................................................................................102
16. Request Authorization for the City Manager to Enter into Contracts with
Design, Community & Environment and Applied Development Economics to
Prepare the Comprehensive Plan Amendment for the Specified Scope of Work
Not to Exceed $850,000 .........................................................................102
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES ......105
ADJOURNMENT: The meeting was adjourned at 12:18 a.m..................................105
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The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:00 p.m.
Present: Barton, Burt, Drekmeier, Espinosa arrived at 7:00 p.m., Kishimoto,
Klein, Morton, Schmid, Yeh arrived at 6:05 p.m.
STUDY SESSION
1. Revenue and Expense Options to Help the General Fund Accommodate
Financing for the Public Safety Building.
Staff presented options for funding the cost of Certificates of Participation
(COP) for the proposed Public Safety Building. The options included revenue
and expense ideas in the General Fund. If approved by Council, the options
would enable the General Fund to provide approximately one million dollars
towards the cost of the COP’s. Comments from the Council on the options
will be factored into the package of options that is presented during the
proposed budget process. This process starts with the presentation of the
proposed budget to the Finance Committee on May 6, 2008.
No action required
ORAL COMMUNICATIONS
Betsy Allyn, Willard Drive, Palo Alto, spoke against leasing Cubberley and
suggested using it as a community center and/or possible school location.
She asked if Stanford would be serviced by the new Public Safety Building
and asked that the Parks be left alone and just kept properly maintained.
Brenda Woodard-Pierce, 4008 El Cerrito Road, spoke regarding a variance
that started when she was told by a City Employee that a permit would not
be required for her landscape design. She requested a continuance and a
review of the letter she received concerning the large planter that now
extends into the City’s right-of-away.
Ourry Schwartzbord, 572 Seahorse Lane, Redwood City, spoke regarding the
Children’s Theatre.
Jeanne Ramos, 950 Lincoln, spoke regarding the Children’s Theatre.
Christopher Van Vleet, 101 Alma Street, #1206, spoke regarding the
improvement of the downtown streets team donations/solicitation conduct.
Jane Marcus, 1820 Channing Avenue, spoke regarding the Children’s
Theatre.
Susan Austin, 403 O’Keefe Street, Menlo Park, requested that Staff from the
Children’s Theatre be reinstated to their professional roles without access to
the finances until the investigation was completed.
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Roy Stark, 4000 El Cerrito Road, spoke regarding the city street construction
making it difficult for the residents to access their homes.
Dan Conway, 541 Hilber Lane, requested the Children’s Theatre senior staff
be allowed to return to work.
Dee Ellmann, 794 Rosewood Drive, spoke regarding the Children’s Theatre
and the lack of information on it’s staff’s alleged misconduct.
Rick Saal, 1837 Bryant Street, spoke regarding the Children’s Theatre.
Arthur Keller, 3881 Corina Way, spoke regarding the Study Session on the
public safety building and suggested ways to bring in more revenue.
Joe Rolfe, 1360 Emerson Street, spoke regarding Lytton Plaza and the Art &
Wine Festival.
Lina Crane, 140 Lois, spoke regarding the Children’s Theatre staff returning
to work.
Stephanie Munoz, 101 Alma, spoke regarding the ongoing Children’s Theatre
investigation.
Council Member Burt asked Staff for the procedure to review the use of the
Lytton Plaza at the Art & Wine Festival.
Assistant City Manager Emily Harrison responded there had been a great
deal of discussion with Mr. Rolfe, the City Attorney, the Police Department,
the City Manager, and the Chamber of Commerce. Mr. Rolfe did not agree
with the outcome of those discussions.
APPROVAL OF MINUTES
MOTION: Council Member Morton moved, seconded by Council Member
Kishimoto, to approve the minutes of February 11, 19, and 25, 2008 as
submitted.
MOTION PASSED: 9-0
MOTION: Mayor Klein moved, seconded by Vice Mayor Drekmeier to move
Agenda Item Number 2 after the Consent Calendar under Special Orders of
the Day.
MOTION PASSED: 9-0
CONSENT CALENDAR
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MOTION: Council Member Morton moved, seconded by Council Member
Schmid to remove Agenda Item Number 3 from the Consent Calendar to
become Agenda Item Number 11A.
MOTION: Council Member Burt moved, seconded by Council Member Yeh
to remove Agenda Item Number 6 from the Consent Calendar to become
Agenda Item Number 11B.
MOTION: Mayor Klein moved, seconded by Vice Mayor Drekmeier to
approve Consent Calendar Item Numbers 4-5, 7-8, 10-11.
2. Vote and Appointment of Applicant to the Architectural Review Board
for Unexpired Term of Heather Trossman Ending September 30, 2009.
3. Approval of a Final Map to Subdivide the Elks Lodge Site into Two Lots
for a New Lodge and a Multi-Family Residential Project, Located at
4249 and 4251 El Camino Real.
4. Resolution 8808 “Resolution of the Council of the City of Palo Alto
Authorizing Execution of a Cooperative Agreement with the State of
California Department of Transportation for the Stanford Avenue/El
Camino Real (Route 82) Intersection Improvements Project”.
5. Approval of the Reclassification of an Existing City of Palo Alto Historic
Resource from a Category 4 to a Category 2 and Record of Land Use
Action for 2300 Wellesley Avenue (College Terrace Library).
6. Approval of a Contract with Synlawn, Inc. in the Amount of $399,939 for
the Renovation of the Driving Range at the Palo Alto Municipal Golf
Course, Capital Improvement Program Project PG-08001.
7. Approval of a Water Enterprise Fund Purchase Order with Generator
Services Company, Inc. in an Amount Not to Exceed $251,222 for the
Purchase of Three Portable Generator Sets to Provide Backup Power
for Water Well Sites and Lift Stations, Capital Improvement Program
Project WS-07004.
8. Cancellation of April 21, 2008 Council Meeting and Calling a Special
Council Meeting of April 28, 2008.
9. This Item Number has Been Intentionally Left Blank.
10. Recommendation of the Council/Council Appointed Officers Committee
to Retain The Waters Consulting, Inc. for the City Auditor Recruitment
at a Cost Not to Exceed $30,000.
04/07/08 103-85
11. Request for Authorization to Increase Existing Contracts with: (1) the
Law Firm of Rankin, Landsness, Lahde, Serverian & Stock by an
Additional $50,000 For a Total Contract Not to Exceed Amount of
$135,000; (2) the Law Offices of Scott Pinsky by an Additional
$125,000 For a Total Contract Not to Exceed Amount of $165,000 and
(3) the Law Firm of Hanson Bridgett by an Additional $90,000 For a
Total Contract Not to Exceed Amount of $140,000.
MOTION PASSED: 9-0
Beth Bunnenberg, HRB, stated her gratitude and appreciation to the Council
for approving Agenda Item Number 5.
MOTION: Council Member Morton moved, seconded by Council Member
Schmid to move Agenda Item Number 11A (formerly number 3) to become
Agenda Item Number 15A.
MOTION PASSED: 8-1 Barton no
MOTION: Mayor Klein moved, seconded by Vice Mayor Drekmeier to hear
Agenda Item Number 11B (Formally No. 6) immediately after the Consent
Calendar.
MOTION PASSED: 9-0
11B. (former No. 6) Approval of a Contract with Synlawn, Inc. in the
Amount of $399,939 for the Renovation of the Driving Range at the Palo
Alto Municipal Golf Course, Capital Improvement Program Project
PG-08001.
Council Member Burt stated his concerns about the necessity of investing
time in the renovation of the driving range which in the near future may be
relocated.
Community Services Director Richard James replied this was the proper time
because both the turf and the netting were posing safety issues. Any
changes to the golf course location would be years down the road by their
estimations.
Council Member Burt stated his concern with the redesign of the golf course.
He asked if Staff could assure the Council that an argument wouldn’t be
made regarding the amount of money spent for this project.
Mr. James replied he couldn’t make assurances, but he knew what was at
the driving range now needed to be replaced. He didn’t foresee any redesign
happening for many years into the future.
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Council Member Schmid asked about the capital expenditures that were built
into the budget for the driving range and how did that fit in with the flow of
money put aside for the golf course. (Tape 2 1021)
Mr. James responded that the long term budget projection was to pay the
renovation of the driving range off in the next five to six years.
Council Member Espinosa stated that he shared the same concerns as
Council Member Burt concerning the golf course and wasn’t sure that those
concerns were fully answered.
Mr. James replied that the golf course driving ranges were going to be paid
by fees from golfers and not taxpayer money.
Council Member Espinosa stated that redesigning the golf course could
necessitate moving things around which would add additional taxpayer cost.
Mr. James replied that it would take years before any redesigning would be
done to the golf course. However, waiting on the redesign of the driving
range will cause a loss of revenue.
Vice Mayor Drekmeier asked what the $400,000 would be spent on.
Mr. James replied it would be used to completely replace the turf that was
there and all of the netting that surrounded the turf which protected both
buildings and automobiles from errant balls.
Council Member Morton responded as Liaison to the Parks and Recreation
Commission (PARC) that he would like to put some perspective on the issue.
He urged the Council to support Staff’s recommendation, emphasizing it
would be repaid by the golfers. He commented that the redesigning of the
golf course would not be taking place any time soon.
MOTION: Council Member Morton moved, seconded by Council Member
Barton to approve Staff recommendation 1) authorizing the City Manager or
his designee to execute the contract in the amount of $399,939 with
Synlawn, Inc. for the replacement of artificial turf a the Palo Alto Municipal
Golf course driving range (Capital Improvement Program Project PG-
080001); 2) Authorizing the City Manager or his designee to negotiate and
execute one or more change orders to the contract with Synlawn, Inc., for
related, additional but unforeseen work that may develop during the project,
the total value of which shall not exceed $60,000.
Council Member Kishimoto supported the Motion that was on the table, she
commented to the new members on the Council that a thorough Feasibility
Study was done on the topic. As she recalled the result was it would be a
very expensive project. The Feasibility Study questioned the issues of an
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upscale golf course immediately next to the playing fields, the priority of the
flood plains, and lastly the competition with the many other golf courses.
Mayor Klein stated that he associated himself with the comments made by
Council Member Morton and Kishimoto.
MOTION PASSED: 9-0
SPECIAL ORDERS OF THE DAY
11C. (former no. 2) Vote and Appointment of Applicant to the Architectural
Review Board for Unexpired Term of Heather Trossman Ending
September 30, 2009.
First Round of Voting for Four One Architectural Review Board Members
Voting For Alexander Lew: Barton, Burt, Drekmeier, Espinosa,
Kishimoto, Klein, Morton, Schmid, Yeh
Voting for Gordana Pavlovic:
Voting For Richard Schoelerman:
City Clerk Grider announced that Alexander Lew with nine votes was
appointed to the Architectural Review Board for the unexpired term of
Heather Trossman ending September 30, 2009.
UNFINISHED BUSINESS
12. Adoption of Council “Top 4” Priorities and Milestones for 2008: Civic
Engagement; Environmental Protection; Library Plan/Public Safety
Building; and Economic Health.
Assistant City Manager Emily Harrison explained that Staff’s perception of
Civic Engagement was creating a partnership with the residents and
businesses of Palo Alto, to participate in the solutions needed in our
community. She informed the Council that Staff did not plan in detail the
Milestones for the second half of 2008 year because the new City Manager
would want to provide the leadership working with the Council.
Council Member Morton stated his concern that Mitchell Park Library was not
given the same importance as the Public Safety Building. He commented
that he liked the Civic Engagement definition but asked how with that
definition the Council was intending to involve citizens in a solution for
something that was as important to them as the Children’s Threatre.
04/07/08 103-88
Council Member Yeh asked regarding certain priorities that would need to be
extended for multiple years. He asked if there was a connection between the
Council and City Staff’s setting priorities.
Mr. Benest replied that the Milestones are a start for developing performance
standards and that the standards were being incorporated into the budget.
He explained that the benchmarks developed by the City Auditor regarding
the Service Efforts and Accomplishments (SEA) reports were the same
performance measures. The Council evaluated the City Manager on how he
and Staff were accomplishing these priorities. He explained that he uses the
priorities in terms of evaluating the departments.
Council Member Yeh commented that the reason for the discussion on the
Council priority setting was the interest in moving toward multi-year
priorities to provide more continuity for Staff members. He asked how that
tied in with multi-year priorities to individual Staff members at all levels.
Mr. Benest responded that if a Staff member was involved in one of the
Council’s four priorities, they would develop with their supervisor an annual
work plan. Staff would be evaluated in terms of what they accomplished in
the year.
Council Member Espinosa stated that it was unclear how the Council and City
Manager measured performance.
Mr. Benest responded that when a priority was established, Staff would
create some milestones, bringing back plans and efforts such as the
Environmental Protection Plan and Zero Waste Plan. There are specific goals
and measurements to be achieved in which the Council’s involvement would
determine whether the goals are realistic or unrealistic. However, the
Council would not be involved in the method of how the plan was executed.
Council Member Espinosa commented the Milestones seemed to be items
that were already on the Agenda as opposed to some of the broader
questions in which the Council determined what the top goals or priorities
would be for the year.
Mr. Benest replied that some of the issues that were brought up had been in
the pipeline, such as the Environmental Health Initiatives and Environment
Protection.
Vice Mayor Drekmeier asked if there had been an effort to connect the Green
Building Policy to Civic Engagement.
Ms. Harrison replied Staff’s efforts were focused on incorporating the new
set of principles and model for Civic Engagement. She estimated completion
of Green Building Ordinance to be in May.
04/07/08 103-89
Vice Mayor Drekmeier asked when the Elks was torn down would there be an
effort to salvage material. The materials would be of higher use and recycled
to new products.
Planning and Community Environment Director Steve Emslie stated he was
told by Staff that the Elks had been working with Whole House, the salvage
yard in East Palo Alto. There was a plan for them to have access to all of the
Elks facilities before any demolition. He commented Staff’s efforts were more
concentrated on salvaging than recycling.
Vice Mayor Drekmeier commented about water, complete irrigation, audits
for City Parks, and complete indoor water audits on Palo Alto Unified School
District (PAUSD) sites. He asked was there going to be as much effort made
on private and commercial sites around water audits.
Ms. Harrison replied that in past years Staff had focused on commercial
industrial sites in terms of water audits.
Vice Mayor Drekmeier responded that Santa Clara Valley Water District had
a good program. He commented that using the Berkeley Financing Model on
the Launch Solar Water Heating Incentive Program could be a great
opportunity. It would offset some of the natural gas which could be another
way to be green on natural gas. He suggested that under Open Space (OS)
Preserves there was great potential to restore the Arastradero Preserve for
Red Legged Frog habitat. He asked if there was any economic incentive with
the Medical Center.
Mr. Benest replied that the Stanford Medical Center was an excellent means
of promoting economic vitality.
Vice Mayor Drekmeier asked if the Stanford Medical Center would generate
revenue for other businesses.
Mr. Benest responded yes the Stanford Medical Center would support the
economy. As part of the fiscal analysis, Staff planned on making proposals
that would directly generate revenue from the Stanford Medical Center.
Council Member Burt asked if there was an evaluation done on how to
include Civic Engagement into the other three priorities.
Ms. Harrison replied that Civic Engagement was included in Environmental
Protection because of the Community Environmental Action Partnership
(CEAP).
Council Member Burt responded that whether it were job positions or
priorities each aspect should be examined to determine what degree could
be used as part of Civic Engagement. He commented that a Citizen Advisory
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Committee may be needed in terms of Long-Term Financial Planning. He
asked if Staff looked through the Comprehensive Plan (Comp. Plan)
Governance Section and used that as a guideline for what had been
discussed in the community about Civic Engagement.
Ms. Harrison responded yes Staff had identified the Comp. Plan Update as a
wonderful opportunity for Civic Engagement. The Principles of Governance
provided the opportunity for the Civic Engagement model to be used
effectively.
Council Member Burt stated when the Council was looking at the context of
actions he would like references that pertained to the Comp. Plan’s goals,
policies, and programs.
Ms. Harrison responded that over time Staff had significantly cut down the
section of the City Managers’ Reports (CMR’S) that related directly to Comp.
Plan implementation because it had encompassed 2-3 pages.
Council Member Burt responded the Governance Section really focused on
Civic Engagement which to date hadn’t been discussed in the public.
Ms. Harrison replied that Staff would review the Governance Section in
future CMR’S.
Council Member Schmid stated he felt a starting point to making the Civic
Engagement process more effective was to have the Council and the people
involved in what would be the most important set of choices and policy
decisions that the community could make for the future.
Ms. Harrison replied that whether the Council intended it or not just sitting
on the dais could create the impression that the dialog would be less than
open.
Council Member Schmid responded it was important the Council engaged
with the public regarding issues of the most significant merit and asked how
that could be done.
Ms. Harrison stated the challenge of Civic Engagement was when decisions
were made by the Council would the residents feel as though they’ve been
heard.
Council Member Schmid asked why Staff had given more focus to the Green
Building Ordinance by comparison to the focus given the Leadership in
Energy and Environmental Design (LEED) standards in the neighborhoods.
Ms. Harrison responded that residential Green Building Ordinance was a
priority.
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Mr. Emslie stated Staff was able to combine the Multi-Family Commercial
and Single-Family Ordinance into one package. Both would return to the
Council for action later this spring for implementation by July 1, 2008.
Council Member Schmid asked how Staff created combinations of things that
leaned to green neighborhoods. He thought there was an evolved LEED
standard on neighborhoods not just buildings.
Ms. Harrison responded she was not familiar with such a program.
Mayor Klein asked had the City employed outside independent auditors to do
energy and water audits of our facilities.
Ms. Harrison responded yes.
Mayor Klein asked when that was last done.
Ms. Harrison responded it’s an ongoing process that’s done periodically.
Mayor Klein responded he thought it should be publicized.
Break taken at 9:04 p.m. returning at 9:14 p.m.
Ray Bacchetti, 850 Webster Street #700, stated that Civic Engagement for
the common good could be more than just an occasional happy result
instead it could be a more defining characteristic of the community.
Annette Ashton, 2747 Bryant, spoke for the Palo Alto Neighborhoods (PAN),
Chair for the Emergency Preparedness Committee and Civic Engagement
Committee regarding the Civic Engagement survey.
Betsy Allyn, 4186 Wilmar Drive, spoke on Civic Engagement being all about
communication, involvement, and participation.
Mark Nadim, 2927 Alexis Drive, spoke on how citizens received their
information.
Tom Jordan, 474 Churchill Avenue, spoke on how Civic Engagement relates
to issues and the use of websites as a resource to solutions.
Norm Beamer, 1005 University Avenue, spoke on how the Civic Engagement
survey could be used to focus efforts of Civic Engagement particularly in how
to better communicate with the citizens of Palo Alto.
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Sheri Furman, 3094 Greer Road, spoke on the Block Preparedness
Coordinator Program (BPCP). She asked that Council and City continue to
support the program and implement their recommendations as Milestones in
the Council’s key priority of Civic Engagement.
Carl Braginsky, 850 Webster, spoke on the improvement of the community’s
awareness and participation in emergency preparedness and response.
Marie Wolbach, 3427 Greer Drive, spoke on the targets that the
Neighborhood Preparedness Committee would like to achieve and presented
five requests to the Council for their support.
Patrick Muffler, 961 Ilima, spoke on making more of the residents responsive
to the need for personal block and neighborhood preparedness.
Karen White, 146 Walter Hays Drive, shared her thoughts on the Civic
Engagement Priority and how it would be enhanced.
Jeffrey S. Marth, 4265 Alma, spoke on policy awareness and the importance
of environmentally preferred purchasing programs.
Mark Sabin, 533 Alberta Avenue, spoke on the Civic Engagement for the
common good.
Art Liberman, 751 Chimalus Drive, spoke on the Environmental Protection
Action Plan and additional risks that affect Climate Protection issues such as
a sustainable environment, and citizen’s health.
Robert Moss, 4010 Orme Street spoke on the goals regarding Civic
Engagement.
Council Member Barton commented that he felt it was a mistake removing
the wording “for the common good” from the goal concerning Civic
Engagement. He stated the purpose of the goal in his opinion was about
creating a collective good that was richer, more dynamic, and more cohesive
than anything they currently have and creating the methodologies to
perpetuate it.
Council Member Espinosa stated that his comments followed from the earlier
questions. He loved that PAN ended with clear goals and metrics. He felt that
the Council and Staff needed to include clear goals and metrics so that the
public really knows what the Council are setting as goals in order for public
to judge at the end of the year as to whether the goals were met or not.
Council Member Kishimoto stated she agreed with Council Member
Espinosa’s comments about needing measurable goals which would give the
community the ability to hold the Council and the City Manager accountable.
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She also commented on Council Member Barton’s concept on how the
Council defined Civic Engagement and stated she liked Staff’s approach of
“joint responsibility” and also suggested “help the community face difficult
challenges and make quality decisions through a broad consensus.” She
stated that she came prepared to offer a few specific changes to the goals
for Civic Engagement.
MOTION: Council Member Kishimoto moved, seconded by Vice Mayor
Drekmeier to approve Staff recommendation that the Council adopt the
Council’s Top 4 Priorities and Milestones for 2008: Civic Engagement,
Environmental Protection, Library Plan/Public Safety Building, and Economic
Health.
INCORPORATED INTO THE MOTION by the maker and seconder to add
the goal to implement the Climate Protection Plan short-term goal of
reducing City greenhouse gas emissions by five percent by 2009,
Community greenhouse gases by five percent by 2012, and City and
Community greenhouse gases by fifteen percent by 2020.
INCORPORATED INTO THE MOTION by the maker and seconder to add
the evaluation of the go pass and Eco pass program for City Employees.
INCORPORATED INTO THE MOTION by the maker and seconder to add
to work with the City Unions to implement City greenhouse gas reduction
goals for transportation to include parking and alternative transportation
where required.
City Attorney Gary Baum stated the specific reason the Council and City
Union would be required to meet concerned the parking and alternative
transportation issues.
Council Member Kishimoto stated the 4th goal added to Civic Engagement
was to explore models that provided small grants to neighborhoods and civic
groups to leverage City resources
Vice Mayor Drekmeier asked for clarification on her comment pertaining to
leverage of City resources.
Council Member Kishimoto stated an example would be someone asking if
they can have 200 dollars to implement a beautification program that they
wanted to do in their neighborhood.
INCORPORATED INTO THE MOTION by the maker and seconder to add
to explore a model of providing small grants to neighborhood and civic
groups to leverage City resources.
Ms. Harrison stated from Staff’s perspective she had a concern about the
workload that would be included in creating a grant program.
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Council Member Kishimoto asked if it would be Staff time intensive because
the Council would need to know.
Mayor Klein stated that he would oppose that suggestion.
Council Member Kishimoto stated that her final goal was to pick up on all the
suggestions that were made on Emergency Preparedness and asked if Staff
would come back with proposals and quantifiable goals.
Vice Mayor Drekmeier asked for more clarification.
Council Member Kishimoto suggested a goal be developed to sign up 50
Emergency Preparedness Captains as well as the development of a plan by
the end of the year.
INCORPORATED INTO THE MOTION by the maker and seconder to ask
Staff to come back with proposals with quantifiable goals with regards to
Emergency Preparedness.
Council Member Kishimoto stated she would like suggestions from Staff on
setting a quantitative goal.
Ms. Harrison stated she was concerned staff would end up taking over that
goal. She commented that the whole purpose of Civic Engagement was the
idea to work in partnership with the public to create goals.
Council Member Kishimoto stated it was similar to the Environmental Plan,
there is a City operation, the City, and the community.
Ms. Harrison stated the emergency preparedness program coming from the
Palo Alto Neighborhood (PAN) was a premiere example of the spirit of Civic
Engagement.
Vice Mayor Drekmeier asked if the implementation of the Climate Protection
Plan (CPP) short-term goal to reduce City Greenhouse gas emissions by five
percent from 2005 budget level to 2009 was also included in the goal of
community-wide 5 percent by 2012 and 15 percent by 2020.
Council Member Kishimoto stated yes the goal she was articulating focused
on the short-term goal. However, if the Council wanted she would add
another goal stating the Council would be working on the intermediate long
term goals.
Vice Mayor Drekmeier stated he thought the intention was the Council had
already approved all of that in the Climate Protection Plan and might as well
put it in the Priorities Plan in order to be consistent.
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Council Member Kishimoto stated what would be measured are the
achievements of the short-term goals. The intermediate long-term goals can
be added at a later date.
Vice Mayor Drekmeier stated that the wording included should be from the
goals of the Climate Protection Plan into the document reflecting the
reduction of greenhouse gases as follows: the City 5 percent reduction of
Greenhouse Gases by 2009; the community 5 percent by 2012, and then the
City and community 15 percent by 2020.
Council Member Barton stated he was concerned it would be difficult to hold
staff accountable for those achievements because the Council was telling
Staff how to do it rather than what it was the Council wanted them to
achieve.
Council Member Morton stated he felt Staff brought a set of metrics to help
the Council measure whether the Priorities that were approved in January
were met or not and, now the Council was criticizing Staff for what Staff
considered measurable.
Council Member Burt stated he found a lack of metrics. He proposed that the
Council adopt some modifications of what Staff proposed and then refer the
balance of the Council’s issues to the Policy and Services Committee. In the
upcoming months the Council could delve into the matter further.
Mayor Klein stated the focus should be on Civic Engagement.
Council Member Yeh stated he was interested to know what other Council
Members thought about convening an Advisory Board and Council Member
Barton’s suggestion that all other Priorities be integrated into Civic
Engagement.
Council Member Schmid stated he felt a little overwhelmed by the process in
which the Council started with a list of 53 Priorities and ended 70 Priorities.
SUBSTITUTE MOTION: Council Member Schmid moved, seconded by
Council Member Burt to approve Staff recommendations with the inclusion of
the Climate Protection Plan language and refer to the Policy and Services
Committee further discussions of milestones.
Vice Mayor Drekmeier asked for clarification on what was being voted on.
Council Member Schmid responded everything would have to go to Policy
and Services Committee.
04/07/08 103-96
Council Member Kishimoto suggested reducing her five changes to two and
requested they move forward with 1) To add the CPP plan because those
sets of Milestones pertain to the City Manager’s monthly reports to the
Council and if it’s off the list she would vote against it and 2) The Block
Preparedness Captains.
Council Member Burt suggested a change to the Substitute Motion. The
primary change was to adopt Staff’s plan on an interim basis and then to
refer the additional items that had been recommended by Council Members
to Policy and Services Committee including the Climate Protection Plan.
Mayor Klein stated that Council Member Burt’s Proposed Substitute Motion
was the same as Council Member Kishimoto’s.
Council Member Barton stated that he was opposing the Motion because he
felt the Council was lost. He urged the Council to let Staff do their job.
AMENDMENT: Council Member Morton moved, seconded by Council
Member Barton to remove from the Substitute Motion the referral to the
Policy and Services Committee
AMENDMENT PASSED: 5-4 Burt, Drekmeier, Kishimoto, Yeh no
Mr. Baum stated that Vice Mayor Drekmeier needed to drop the reference to
Stanford or both Council Member Barton and Mayor Klein would not be able
to participate.
AMENDMENT: Vice Mayor Drekmeier moved, seconded by Council Member
Schmid to remove the sections in Economic Health of the City referencing
Stanford.
AMENDMENT PASSED: 7-0 Barton, Klein not participating
AMENDMENT: Council Member Burt moved, seconded by Vice Mayor
Drekmeier to change Item Number 2 under Civic Engagement to adopt Web
2.0 technologies to engage the Community in a dialogue in Civic
Engagement/Community Building.
City Manager Benest stated that it was premature to adopt without knowing
what the impact would be to other Council priorities and commitments. He
commented that Civic Engagement was a journey no one knows where it’s
going therefore, some experimenting may be necessary.
Council Member Burt started that his intention was not to define the totality
of what Web 2.0 technologies would do.
04/07/08 103-97
Council Member Morton stated that he would ask his colleagues to vote no
because the Council has moved from Priorities to setting a work plan.
AMENDMENT PASSED: 5-4, Barton, Espinosa, Klein, Morton, no
AMENDMENT: Council Member Burt moved, seconded by Vice Mayor
Drekmeier to add a Number 9 under Civic Engagement to encourage greater
diversity in Civic Engagement.
Council Member Morton suggested that the Council leave Staff’s
recommendation as it is because the PAN Survey itself indicated they don’t
want to be involved.
AMENDMENT PASSED: 5-4 Barton, Espinosa, Morton, Schmid, no
AMENDMENT: Council Member Kishimoto moved, seconded by Council
Member Burt to modify milestone Number 5 under Civic Engagement
referencing emergency preparedness to include working with neighborhoods
to begin implementing Emergency Preparedness Block Coordinator Plan.
Council Member Kishimoto stated the Emergency Preparedness Plan had
been a City priority for the last 3 years. If the Plan was dropped, then the
Council would not have done its job to get the community fully prepared.
Council Member Burt stated the Amendment would have action rather than
more process, which had concerned some of the Council Members. He
commented that a large part of the community was willing and able, to
participate in that important Civic matter.
Council Member Morton stated he did not consider that an Amendment to
action but something that may have financial implications. He felt that
moving in that direction meant that the City had taken over what was to be
a volunteer plan.
Council Member Espinosa stated he would continue to vote against
Amendments because plans would come back from City Staff that delved
into Emergency Preparedness and at that time the Council would see what
the financial/cost implications would be.
Mayor Klein stated he would vote no for the same reasons Council Member
Espinosa had set forth.
AMENDMENT PASSED: 5-4, Barton, Espinosa, Klein, Morton, no
Council Member Yeh asked since there was a City Manager recruitment going
on, how Staff viewed the process unfolding because the whole thing strikes
him as arduous.
04/07/08 103-98
City Manager Frank Benest responded that Staff anticipated that all the
goals were Multi-Year and the new City Manager would support them. He
commented Staff knows where they’re going, with the exception of Civic
Engagement.
Mayor Klein responded that the Council would move forward regardless of
personnel. Although the Council would take recommendations from the new
City Manager, it is the Council that sets the policies.
SUBSTITUTE MOTION PASSED WITH AMENDMENTS: 9-0
13 Proposal to Assign Staff to Review Potential Access from Wilkie Way to
SummerHill/Elks Lodge Project
MOTION: Vice Mayor Drekmeier moved, seconded by Council Member
Morton to assign Staff to review potential access from Wilkie Way to El
Camino Real in 3 segments; 1) from Wilkie Way to the Orange Path, 2) the
Orange Path to the Pink Path, and 3) the Pink Path to El Camino Real, as
shown on the Elks Lodge Residential-SummerHill Homes Map.
Vice Mayor Drekmeier stated that the reason he wanted Staff to look at it in
three segments was because the Council might want to start getting the key
component which was connecting Wilkie Way to the Park.
Mayor Klein stated that he would vote for the Motion, but he didn’t feel
committed to vote for any potential action should it come back to the
Council.
Council Member Morton stated the Motion was central to his vote on the next
item regarding working through bicycle routes and walk connections as a
general policy for other areas in the City.
MOTION PASSED: 9-0
14. Proposal to Assign Staff to Review the Pros and Cons of Requiring
Public vs. Private Streets (including clearance for refuse hauling).
MOTION: Council Member Kishimoto moved, seconded by Vice Mayor
Drekmeier to assign Staff to work with Planning and Transportation
Commission (P&TC) to review policies, zoning rules, and guidelines when
creating new streets to be consistent with the Comprehensive Plan Policies
including the Pros and Cons of Public vs. Private Streets ownership or
easements (including clearance for refuse hauling).
04/07/08 103-99
Council Member Kishimoto stated she was concerned the Council had moved
away from the foundation of Palo Alto policy which was an open community
without private streets and gated communities.
Herb Borock spoke on three related issues to decisions of Public vs. Private
Streets 1) access, 2) are the standards for constructing private streets the
same as public streets, and 3) should there be dedicated public streets.
Robert Moss spoke on there not being any community benefits but
detriments for having private streets.
Council Member Barton stated he was confused where the Council was going
with the Motion.
Council Member Kishimoto asked Staff to work with the Planning &
Transportation Commission (P&TC) to review the Comprehensive Plan
(Comp. Plan) Policies for changes or clarifying guidelines.
Council Member Burt requested clarification on the Motion, he stated that in
the Agenda it listed Pro’s and Con’s of requiring public vs. private streets. He
asked if Staff felt it would be a good recommendation to include the
characteristics that would be imposed upon private streets such as public
easements, width, and impact on density.
Council Member Kishimoto responded that the way she had stated the
Motion was to direct Staff to work with P&TC to review policies, zoning rules,
and guidelines when creating new streets to be consistent with the Comp.
Plan including weighing the pro’s and con’s of public vs. private.
Council Member Burt responded that was sufficiently broad for him.
Mayor Klein stated he was going to vote against the Motion. He felt that the
motion was designed to eliminate private streets which would be contrary to
two other goals 1) smart growth and 2) environmental policies. Also, it
would have a negative financial impact on the City and would add another
assignment to Staff.
Council Member Kishimoto noted the need for wide right-of-ways which the
Comp. Plan did require, for sidewalks, street trees, and potential street
parking for the P&TC to review. On the issue of maintenance cost,
SummerHill Project brought the example of private ownership and public
easements
Council Member Yeh asked for clarification from Staff regarding Agenda Item
Number 16 as to whether or not that Request for Proposal (RFP) had enough
breath to incorporate the study of Public and Private Streets as part of the
Amendment to the Comp. Plan.
04/07/08 103-100
Planning and Community Environment Director Steve Emslie responded he
thought it was possible that Agenda Item Number 16 could be included into
the Comp. Plan Update.
Council Member Yeh asked if it would require a discussion on Item Number
16 or Council Action to formerly include that as part of a future item to be
discussed by the Council.
Mr. Emslie responded it could be general Staff direction but a Motion would
demonstrate the Council’s intent.
Council Member Yeh proposed to the maker of the Motion to include the
study of Public and Private Streets into the Comp. Plan.
Council Member Kishimoto responded that she was open to discussion on
that issue.
Council Member Yeh asked about the timeline.
Mr. Emslie responded that it would be handled much like the Zoning Code
update in which parts of it would advance and come to some sort of
tentative conclusion before the Comp. Plan update timeline.
Council Member Kishimoto responded that she would not accept the
proposed Amendment.
AMENDMENT: Council Member Yeh moved, seconded by Council Member
Morton to include the study of the Pros vs. Cons into the Comprehensive
Plan work under Agenda Item Number 16.
Council Member Burt asked Mr. Emslie about the legal process for adoption
of Comp. Plan revisions. Specific Comp. Plan Amendments were allowed
each year to the existing Comp. Plan and that could be done as piece meal
like a Zoning Ordinance update.
Planning and Community Environment Director Steve Emslie responded
there were 4 revisions per element per year.
Council Member Burt inquired if Staff was envisioning that the Council would
be amending the current Comp. Plan but, based upon the work product of
the Comp. Plan Update.
Mr. Emslie responded that was possible, it seemed to be an effective way of
engaging people to come to a conclusion.
04/07/08 103-101
Council Member Burt responded that sounded feasible.
Council Member Espinosa asked for clarification from Council Member Yeh
regarding his Amendment.
Council Member Yeh responded yes the request for analysis would fall under
the contracts to be discussed under Agenda Item Number 16.
AMENDMENT PASSED: 6-3 Barton, Kishimoto, Schmid, no
MOTION PASSED: 6-3 Barton, Espinosa, Klein, no
15. Proposal to Assign Staff to Review Potential Changes to the Process for
the Architectural Review Board (ARB) Review of Large Projects
MOTION: Council Member Kishimoto moved, seconded by Vice Mayor
Drekmeier to assign Staff to evaluate the process of reviewing large projects
to allow the Council and Planning and Transportation Commission to review
key planning issues in advance of detailed architectural review.
Council Member Kishimoto stated her frustration regarding the configuration
of streets for the SummerHill lot which was a large plot of land broken up
into small pieces. She felt the Council essentially, had the ability to look at
the whole of the action in order to determine where the streets would go,
what should be the affordable housing requirements for the entire piece of
land, and what the park requirements were.
Herb Borock spoke regarding the Boards and Commissions relationship as an
advisory body to the Council according to the Charter. Therefore, putting the
Council ahead of the process didn’t make sense. He felt that rules and
procedures from the past should be restored.
Vice Mayor Drekmeier stated he agreed with Council Member Kishimoto that
large projects should be looked at as a whole and that Staff had done a
great job putting together that City Manager Report (CMR).
Council Member Barton asked Mr. Baum given the quasi-judicial nature of
subdivisions could the real intent of Council Member Kishimoto’s Motion be
enforced.
City Attorney Gary Baum responded that from a legal standpoint he thought
it would be problematic.
Council Member Kishimoto responded that Staff presented three alternatives
on how it could be done therefore, the approach would be open.
MOTION PASSED: 7-2 Barton, Espinosa no
04/07/08 103-102
15A. (former no. 3) Approval of a Final Map to Subdivide the Elks Lodge
Site into Two Lots for a New Lodge and a Multi-Family Residential
Project, Located at 4249 and 4251 El Camino Real.
MOTION: Council Member Barton moved, seconded by Council Member
Morton to approve Staff recommendation to approve the Final Map to
subdivide the Elks Lodge site into two lots, based upon findings and
conditions within the Record of Land Use Action for the Tentative Map.
MOTION PASSED: 9-0
REPORTS OF OFFICIALS
16. Request Authorization for the City Manager to Enter into Contracts
with Design, Community & Environment and Applied Development
Economics to Prepare the Comprehensive Plan Amendment for the
Specified Scope of Work Not to Exceed $850,000
MOTION: Mayor Klein moved, seconded by Council Member Espinosa to
approve the selection of two consultants, Design, Community & Environment
and Applied Development Economics, for completion of the Comprehensive
Plan amendment contract work plan and authorize the City Manager to
execute contracts with the two consultants in a total amount for both
contracts not to exceed $850,000.
Herb Borock spoke on his concern of earlier discussions between Council
Member Burt and Mr. Emslie regarding Comp. Plan and bringing each
element in a piecemeal fashion.
INCORPORATED INTO THE MOTION by the maker and seconder to
include in the Work Program Summary (Attachment A) under Task B number
5 change wording to “Community and Public Services White Paper”.
Council Member Schmid asked about the timeline that the Consultant
presented and that the first mention of the City Council came 31 months
after the beginning. He thought with the Comp. Plan the Council would be
involved in setting some of the goals, priorities, visions, and participation.
How could that be if the Council was not officially involved for 31 months.
Mr. Emslie responded that the Council would just need to tell Staff earlier
that they wanted to be involved and Staff would make it happen.
Council Member Schmid asked if Staff had identified both the numbers and
sites of new housing units.
Mr. Emslie responded no.
04/07/08 103-103
AMENDMENT: Council Member Schmid moved, seconded by Council
Member Morton that within the first three months of the Comprehensive Plan
timeline that Council will participate with Consultant, P&TC, and Staff in
reviewing; 1) the effectiveness of the current Comprehensive Plan, 2)
number of new housing units included in housing demand component, 3)
location of new housing component and, 4) infrastructure of new housing
component.
Council Member Schmid stated he thought it was important that the Council
step back and take a look at how the current Comp. Plan had been followed.
While looking at the new Comp. Plan, the Council could see the successes
and the limitations experienced in the current program.
Council Member Morton asked if Staff was comfortable with beginning the
process by involving both the Council and the P&TC.
Assistant City Manager Harrison replied she would address the how and the
Council would address the value. A special meeting would be done at a
Saturday session the same way as the Comp. Plan was previously handled.
Council Member Morton responded that it would be a long and informative
study session and asked if Staff would be comfortable with that.
Planning and Community Environment Director Steve Emslie replied that was
common to start a major policy and analysis in that fashion.
Mr. Benest commented that he hoped the Council would give Staff some
latitude to work with the consultant in order to avoid a predetermination of
the outcome of the Comp. Plan update.
Mayor Klein asked if Council Member Schmid suggested a study session
because he understood him to say he wanted to set some policy earlier on.
Council Member Schmid replied he was interested in confronting the critical
policy issues. He was not looking for definite outcomes on the policy issues
but, he thought it would be good for the Council to identify what the issues
would be and what directions the Council would like to see the Comp. Plan
moving in.
Council Member Morton stated he felt getting the Council and P&TC together
early on was an efficient way of handling the process and he supported the
Motion.
Council Member Burt asked was the intention to initially have a joint study
session and then have a policy setting meeting.
Mayor Klein replied he thought it would be a meeting to give policy direction.
04/07/08 103-104
INCORPORATED INTO THE AMENDMENT by the maker and seconder to
include a study session with P&TC within 90 days.
Council Member Barton stated that an early policy meeting made sense but
only having one meeting and not two. The meeting should address all the
issues and not just the housing.
Council Member Schmid responded he would accept what the Council
considered as policy issues to be discussed.
Council Member Burt inquired if the Amendment included a joint study
session with P&TC preceding policy discussion.
Council Member Schmid replied it would be good to have study session with
P&TC and Staff on policy issues.
Council Member Burt confirmed that policy recommendations would not be
made at the study session but at the agendized Council meeting.
Mayor Klein stated he had one concern that the Council Members should not
be in the position of advising P&TC on what they should recommend to the
Council.
Council Member Espinosa clarified that the Council would not be making
policy recommendations at the study session.
Council Member Kishimoto stated her concern that under Attachment B the
Council would not see it until month 31. She asked if that actual work plan
was going to be adopted and should the Council give directions for more
regular check-ins.
Mr. Emslie replied that general directions would work within that work plan.
AMENDMENT PASSED: 9-0
INCORPORATED INTO THE MOTION by the maker and seconder to
include a subsequent special Council meeting to provide policy direction
within a reasonable time frame.
MOTION FAILED: 3-6, Kishimoto, Morton, Schmid yes
MOTION PASSED: 9-0
04/07/08 103-105
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
MOTION: Council Member Morton moved, seconded by XXXX to refer to
Policy and Services Committee to agendize a discussion on the topic on how
to have an ongoing interaction with a country (Peoples Republic of China)
whose human rights values are different than ours.
MOTION FALIED FOR LACK OF SECOND
Council Member Schmid requested a status report on the investigation into
the Children’s Theatre and if there are any requirements for action by the
City Council.
Mr. Baum stated the three employees are employees of the City Manager
and the City Council has no control over the investigation, and the City
Manager had no control over the criminal investigation.
ADJOURNMENT: The meeting was adjourned at 12:18 a.m.
ATTEST: APPROVED:
City Clerk Mayor
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