HomeMy WebLinkAbout2008-04-14 City Council Summary Minutes
1 04/14/08
Special Meeting
April 14, 2008
STUDY SESSION...................................................................................3
1. Joint Meeting with the Library Advisory Commission Regarding Library
Matters........................................................................................3
SPECIAL ORDERS OF THE DAY................................................................3
2. Proclamation for the Volunteer Center of Silicon Valley.......................3
ORAL COMMUNICATIONS.......................................................................3
CONSENT CALENDAR.............................................................................4
3. Resolution 8811 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Marilyn Gillespie Upon Her Retirement” 4
4. Approval of an Enterprise Fund Contract with Water Works Engineers
in an Amount Not to Exceed $130,870 for Design and Services During
Construction of the Recycled Water Contact Chamber Retrofit at the
Regional Water Quality Control Plant, Capital Improvement Program
Project WQ-80021.........................................................................5
5. Preliminary Approval of the Report of the Advisory Board for Fiscal
Year 2008-09 in Connection with the Palo Alto Downtown Business
Improvement District and Resolution 8810 entitled “Resolution of the
Council of the City Of Palo Alto to Levy an Assessment Against
Businesses within the Downtown Palo Alto Business Improvement
District for 2008-09” and Setting a Time and Place for a Public Hearing
on May 12, 2008 at 7:00 PM or Thereafter. ......................................5
6. Approval of a Contract with Rodan Builders, Inc., in the Amount of
$211,900 for the Renovation of the Open Space Maintenance Building at
04/14/08 2
Foothills Park, Capital Improvement Program Project OS-07003; and
Ordinance 5001 entitled “Ordinance of the Council of the City of Palo
Alto for the Fiscal Year 2007-08 to Provide an Additional Appropriation
of $40,137 to Capital Improvement Program (CIP) Project OS-07003,
Open Space Maintenance Shop Rehabilitation”. .................................5
7. Approval of an Access Agreement with Acterra to Permit the Use of
Real Property in Order to Implement a Habitat Restoration Project at
the Enid Pearson Arastradero Preserve.............................................5
8. Preservation of the Below Market Rate Unit (BMR) at 502 Thain Way:
1) Approval of the City’s Acquisition of the Unit for the Purpose of
Renovation and Resale to a Qualified BMR Buyer; and 2) Approval of
the Method for Setting the Resale Price............................................5
9. Adoption of a Resolution Opposing Proposition 98 on the June 2008
Ballot..........................................................................................5
REPORTS OF COMMITTEES AND COMMISSIONS ........................................5
10. Finance Committee Recommendation Regarding the Update on General
Fund Infrastructure Backlog ...........................................................5
11. Finance Committee Recommendation to Issue Request for Proposals
for Destination Palo Alto ................................................................9
12. Policy and Services Committee Recommendation Regarding Approval
of Proposed Revisions to City Facility Naming Policy...........................12
PUBLIC HEARINGS ................................................................................16
13. TEFRA Hearing Regarding Conduit Financing for the Gideon Hausner
Jewish Day School Facilities Located at 450, 470, 490 and 560 San
Antonio Road, Palo Alto, and Resolution 8810 Approving, Authorizing
and Directing Execution of a Joint Exercise of Powers Agreement
Relating to the California Municipal Finance Authority, and Approving
the Issuance of Revenue Bonds by the California Municipal Finance
Authority for the Purpose of Financing or Refinancing the Acquisition,
Construction and Improvement of Certain Facilities for the Benefit of
Gideon Hausner Jewish Day School. ................................................16
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES ......17
ADJOURNMENT: The meeting was adjourned at 10:40 p.m. .......................17
04/14/08 3
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:05 p.m.
Present: Barton, Burt, Drekmeier, Espinosa, Kishimoto, Klein, Morton arrived
at 7:00 p.m., Schmid, Yeh
STUDY SESSION
1. Joint Meeting with the Library Advisory Commission (LAC) Regarding
Library Matters.
The LAC gave a brief presentation on the Commission’s accomplishments
last year and their priorities for 2008, which include an outreach plan to
communicate library needs and plans for facility improvements, participation
in Library’s technology planning process, and refining priorities for service
and facility improvements according to budget availability and evolving
community needs.
Discussion between Council Members and the LAC Commissioners included
such topics as: how libraries are evolving to meet diverse needs and
technology, progress in the community outreach campaign, engaging the
Youth Council to support the library, and the work of the Library Citizens’
Technology Advisory Group.
No action required
The Study Session adjourned at 6:50 p.m. with the Council taking a break
until 7:00 p.m.
SPECIAL ORDERS OF THE DAY
2. Proclamation for the Volunteer Center of Silicon Valley.
ORAL COMMUNICATIONS
Dan Rehor, 652 Glenbrook Dr., spoke regarding the Children’s Theatre.
Andrew Litt, 2454 West Bayshore #9, spoke regarding the Children’s
Theatre.
Cy Webb, West Bayshore, spoke regarding the Children’s Theatre.
Donald Freiberg, 523 Sullivan Dr. Mt. View, spoke regarding the Children’s
Theatre.
Beth Broderson, spoke regarding the Children’s Theatre.
04/14/08 4
Donna Baranski-Walker, Rebuilding Alliance, spoke regarding rebuilding
houses and temporarily placing a tent in the City Hall plaza area.
Andy Hayes, 10460 Madera Drive, Cupertino, spoke regarding the Children’s
Theatre.
Brandon Savage, 1472 Magnolia Avenue, San Carlos, spoke regarding the
Children’s Theatre.
Lynn Krug, Palo Alto, spoke regarding diversity and women in the workplace.
Robert Moss, 4010 Orme Street, spoke regarding civic engagement.
Jeremy Erman, Cowper Street, spoke regarding the Children’s Theatre.
Paula Collins, 110 Ely, spoke regarding the Children’s Theatre.
John Abraham, 736 Ellsworth Place, spoke regarding police demographic
statistics.
Paul Freiberg, 842 Clara Drive, spoke regarding the Children’s Theatre.
Yolanda Gonzalez, spoke regarding the Children’s Theatre.
CONSENT CALENDAR
Vice Mayor Drekmeier advised he would not be participating on item number
7 as he is on the Acterra Board of Directors.
Assistant City Manager Emily Harrison advised that Staff wanted item
number 9 to be pulled from the Consent Calendar to be heard at a later
date.
MOTION: Vice Mayor Drekmeier moved, seconded by Council Member
Espinosa to pull item number 9 from the Consent Calendar to be heard at a
later Council meeting.
MOTION: Council Member Morton moved, seconded by Council Member
Espinosa to approve Consent Calendar item numbers 3-8.
3. Resolution 8811 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Marilyn Gillespie Upon Her
Retirement”.
04/14/08 5
4. Approval of an Enterprise Fund Contract with Water Works Engineers
in an Amount Not to Exceed $130,870 for Design and Services During
Construction of the Recycled Water Contact Chamber Retrofit at the
Regional Water Quality Control Plant, Capital Improvement Program
Project WQ-80021.
5. Preliminary Approval of the Report of the Advisory Board for Fiscal
Year 2008-09 in Connection with the Palo Alto Downtown Business
Improvement District and Resolution 8809 entitled “Resolution of the
Council of the City Of Palo Alto to Levy an Assessment Against
Businesses within the Downtown Palo Alto Business Improvement
District for 2008-09” and Setting a Time and Place for a Public Hearing
on May 12, 2008 at 7:00 PM or Thereafter.
6. Approval of a Contract with Rodan Builders, Inc., in the Amount of
$211,900 for the Renovation of the Open Space Maintenance Building at
Foothills Park, Capital Improvement Program Project OS-07003; and
Ordinance 5001 entitled “Ordinance of the Council of the City of Palo
Alto for the Fiscal Year 2007-08 to Provide an Additional Appropriation
of $40,137 to Capital Improvement Program (CIP) Project OS-07003,
Open Space Maintenance Shop Rehabilitation”.
7. Approval of an Access Agreement with Acterra to Permit the Use of
Real Property in Order to Implement a Habitat Restoration Project at
the Enid Pearson Arastradero Preserve.
8. Preservation of the Below Market Rate Unit (BMR) at 502 Thain Way:
1) Approval of the City’s Acquisition of the Unit for the Purpose of
Renovation and Resale to a Qualified BMR Buyer; and 2) Approval of
the Method for Setting the Resale Price.
9. Adoption of a Resolution Opposing Proposition 98 on the June 2008
Ballot.
MOTION PASSED FOR ITEM NOS. 3-6, & 8: 9-0
MOTION PASSED FOR ITEM NO. 7: 8-0, Drekmeier not participating
Herb Borock, P.O. Box 632, spoke regarding legal signatures on contracts as
referred to in item number 6.
REPORTS OF COMMITTEES AND COMMISSIONS
10. Finance Committee Recommendation Regarding the Update on General
Fund Infrastructure Backlog.
04/14/08 6
Council Member Morton, as the Chairperson of the Finance Committee, felt
the Council needed to hear the issues that face the City in the coming years.
Assistant Public Works Director Mike Sartor reviewed the presentation
previously given to the Finance Committee regarding the update on the
General Fund Infrastructure Backlog.
Council Member Kishimoto asked whether Palo Alto had more buildings on a
per capita basis than surrounding Cities.
Mr. Sartor stated there had not been an analysis done per capita. There had
been a comparison of surrounding cities where Palo Alto had considerably
more facilities.
City Manager Frank Benest stated for a community of sixty-five thousand to
have four thousand acres of Open Space, thirty-four parks and the
specialized facilities was remarkable and financially challenging.
Council Member Kishimoto asked whether the seven and a half million
dollars under bridges and culverts located on Attachment A of Table 1
covered flood control.
Mr. Sartor stated no, the funds were to maintain the existing structures not
the flood control projects.
Council Member Kishimoto asked whether the San Francisquito Creek flood
control project had been added to the General Fund Infrastructure Backlog.
Mr. Sartor stated yes, however the expenses would be shared with the San
Francisquito Creek Joint Powers Authority (JPA).
Mayor Klein asked what buildings had been added to the General Fund
Infrastructure Management Plan (IMP) aside from the Roth Building.
Mr. Sartor stated the additions were the current Civic and the Cubberley
Community Centers.
Mayor Klein asked why the Civic Center had not been previously added to
the list when it was opened in 1970.
Mr. Sartor stated until recently, the maintenance level had not changed
since prior to the Civic Center being built.
MOTION: Council Member Morton moved, seconded by Council Member
Burt to direct Staff to return to the Finance Committee with an
implementation plan to address the General Fund Infrastructure Backlog.
04/14/08 7
Council Member Burt stated the need to incorporate the shared obligation of
the JPA into the General Fund Infrastructure Backlog.
Council Member Morton stated there was no quantified obligation at the
present time, however adding them to the backlog would maintain a
placeholder.
INCORPORATED INTO MOTION WITH CONSENT OF MAKER AND
SECONDER to add a placeholder for San Francisquito Creek JPA liability.
Council Member Yeh stated his support for the Motion.
Vice Mayor Drekmeier noted the San Francisquito Creek JPA was having a
study session on early implementation involving capital projects associated
with the San Francisquito Creek on Thursday, April 24, 2008.
Council Member Kishimoto asked whether the Natural Resource Management
of Open Space was included in the General Fund Infrastructure Backlog.
Mr. Sartor stated no.
Council Member Kishimoto asked whether staff was returning with
recommendations for increased funding for future maintenance cost
increases.
Mr. Sartor stated yes, those figures would be included in the implementation
plan.
Council Member Espinosa asked how realistic it was to spread out the state
of necessary funding over a timeframe of twenty years without adding in the
additional costs not yet anticipated.
Mr. Benest stated the enhanced level of services the City provided required
most of the General Fund resources.
Council Member Espinosa stated the question was how to budget the costs
already identified.
Assistant City Manager Emily Harrison stated each Department had been
requested to project out ten to twenty years all of their facilities
maintenance, general upkeep and requests for new facilities. She stated
although the list was outdated, it could be provided to Council.
04/14/08 8
Council Member Espinosa stated the requested amount was unrealistic due
to allocations for new projects each year plus funds needed for the City’s
basic maintenance not on the list.
Mr. Benest stated the original Council policy clearly stated existing General
Fund revenues were not to be used for new infrastructure or City work
projects. That policy is no longer in place.
Council Member Schmid stated the Comprehensive Plan update was a great
opportunity to bring together the aspects of financial and residential
possibilities for creating this new community.
Ms. Harrison stated a number of years ago the Council saw the need to add
impact fees for community centers, parks, open space and other areas of the
community. The Council may need to look again at a public safety impact fee
in order to address the ongoing infrastructure needs.
Mayor Klein asked why the storm drain projects were not reflected in the
backlog data.
Council Member Morton stated there had been Council discussion but it was
not voted on.
Mayor Klein stated during the discussion, staff committed to doing it.
Council Member Morton stated the question was asked how it would be
handled but not necessarily imposed on the General Fund.
Mr. Benest asked for time to research what occurred during the 2007-08
budget hearings and return with a response.
Mayor Klein stated concern over cutting back on infrastructure. He hoped the
Council would be strong enough to not cut back on infrastructure.
Council Member Kishimoto stated the mindframe necessary to overcome the
large funding issues were to consider options of renovating facilities as
opposed to building new ones.
Council Member Yeh stated in order to make an informed decision, the
Council needed to see the expense side prioritized and tied to the revenues.
Council Member Schmid stated the revenues and expenses should be
categorized by the infrastructure projects.
Mayor Klein stated his support for the Motion.
04/14/08 9
Director of Public Works Glenn Roberts stated staff chose not to include the
San Francisquito Creek in this inventory because residents currently pay the
Santa Clara County Water District through the benefit zone assessment. San
Francisquito Creek funding currently has approximately fourteen million set
aside in the Water District budget reserves.
MOTION PASSED: 9-0
11. Finance Committee Recommendation to Issue Request for Proposals
for Destination Palo Alto.
Council Member Morton, as the Chairperson of the Finance Committee,
stated in developing future and existing revenue sources there would be an
initial investment for a contractor. The contractor would assist a designated
staff member with the development of events to enhance the revenues for
Palo Alto.
City Manager Frank Benest stated Destination Palo Alto was created to
enhance the visitorship to Palo Alto. There were multiple events occurring in
the City throughout 2008 and 2009.
Council Member Kishimoto asked who would be managing and marketing the
upcoming events.
Mr. Benest stated staff envisioned three essential components to the success
of Destination Palo Alto; 1) local, regional, statewide, 2) national
coordination and 3) media coverage.
Council Member Kishimoto asked whether the consultant selected would
continue to bring ideas to further the visitorship once the current planned
events had passed.
Mr. Benest stated yes, the entity chosen to further the visitorship efforts
would coordinate, instigate, and organize new events that would compliment
the City’s visitorship.
Council Member Espinosa asked for clarification on the timeframe to begin
the process.
Mr. Benest stated there was an election that determined funding availability
in November of 2007. The Finance Committee needed to review the process
and feasibility. Council would need to approve the project. Staff would put
out a Request for Proposal (RFP), which had its own timeframe.
Council Member Espinosa stated with the timeframe explained and
completed in July of 2008, why would the process not begin until the fall.
04/14/08 10
Mr. Benest stated the entity awarded the project would need time to
complete their proposed intentions. He stated he was avoiding the creation
of unrealistic expectations.
Council Member Espinosa stated the workplan did not seem broad enough to
expand out past the current events already in place for the upcoming years.
He asked how the consultant would know their position was to expand on
what was already given to them.
Mr. Benest stated the object was to get the consultant to take the current
and upcoming events and connect the visitors to the amenities of the City.
Mayor Klein asked what the criteria was for selection of the consultant and
who was going to select them.
Mr. Benest stated the workplan for the RFP presented to the Finance
Committee clarified the basic criteria. He stated the proposals would be
reviewed and evaluated then staff would make recommendations to Council
for selection.
Mayor Klein asked whether there would be community involvement.
Mr. Benest stated yes, the business community and neighborhood
associations had been involved with Destination Palo Alto.
Mayor Klein asked whether conflicts of interest had been considered.
Mr. Benest stated yes, the proposals would be reviewed for affiliations and
conflicts.
Mayor Klein clarified the funding was to be from the General Fund and not
provided by the Transient Occupancy Tax (TOT).
Mr. Benest stated yes, the funding was coming from the General Fund.
Anne Cribbs, 2450 Agnes, spoke regarding the 2009 Senior Games. She
stated there would be an expected economic impact of thirty-five million
dollars into the City and requested the Council support the funding for
Destination Palo Alto.
Deborah Pappas, Chair of the Chambers of Commerce, supported
Destination Palo Alto. She stated there needed to be national and
international outreach to draw people who come to the Bay Area and Palo
Alto.
04/14/08 11
Bob Carruesco, 120 E. Creek Drive, Menlo Park, stated Destination Palo Alto
gave a contact point for new businesses. It also gives the ability to capitalize
on the businesses currently going elsewhere knowing what the City has to
offer.
Herb Borock, P.O. Box 632, stated the hotels, restaurants and retail
businesses were the beneficiaries of Destination Palo Alto. He stated in other
counties they funded such programs and not the government body.
MOTION: Council Member Morton moved, seconded by Council Member
Barton to; 1) Direct Staff to issue an RFP for visitorship services through
Destination Palo Alto to enhance the Palo Alto economy, 2) Authorize Staff to
describe and link Destination Palo Alto website to the City of Palo Alto
website, 3) Direct Staff to include $240,000 per year for the Destination Palo
Alto program in 2008-09 and 2009-10 proposed budgets, 4) Identify a single
point of contact within the City for Destination Palo Alto efforts.
Council Member Morton stated the intent of the Finance Committee was to
select a point person who was central to the hotels, restaurants and
businesses for all of the events.
Council Member Barton encouraged staff to return with a clear analysis of
how they came to their recommendations, the different approaches from the
RFP’s, and the pros and cons for the potential alliances through the RFP’s.
Council Member Kishimoto stated her support for the project. She mentioned
from experience with the Tour de California the difficulty working with the
hotels without there being a centralized contact person. She asked the
attendance numbers from the Tour.
Mr. Benest estimated twenty thousand people attended the Tour de
California event.
Council Member Kishimoto stated how important it was for the events to
maintain the City’s green, eco-friendly direction of sustainability.
Vice Mayor Drekmeier stated a flaw in the economic system was
encouraging travel and consumption to gain revenue was in direct conflict
with the priority to reduce the consumption of waste and carbon fuels. He
stated he supported the Motion.
Council Member Schmid stated he supported the project and encouraged
staff in reviewing the RFP’s to draw in someone who could take in the widest
view of growth leverage and ask them what that might mean to the
community.
04/14/08 12
Council Member Yeh asked whether the ninety-five to one hundred and
twenty-five thousand dollars estimated revenue generated by the AMGEN
Tour was net revenue or total revenue.
Mr. Benest stated the amount was the gross increase of the TOT revenue
from those associated with the Tour. There were costs to staff time at
approximately sixty-seven thousand dollars.
Council Member Yeh asked whether this was seen as an investment and
asked what the return on investment would be or was it seed money to
support the local businesses.
Mr. Benest stated there could be language added to the RFP asking the
provider what metric system they would be using and how they would track
it.
Council Member Burt stated this was the most targeted and cost effective
investment that could be made in the arena of trying to increase the City’s
revenue. He stated the Tour numbers were not the biggest measure of
success rather the Public Relations (PR) during and following the event.
AMENDMENT: Council Member Kishimoto moved, seconded by XXX to
incorporate environmental sustainability into the design of the Destination
Palo Alto program.
AMENDMENT FAILED FOR LACK OF SECOND.
Mayor Klein stated concern with past events that have occurred in the City
and not knowing whether revenue had been generated. He stated the
consultant needed to return true data to the Council in order to determine
the events’ future potential.
MOTION PASSED: 9-0
12. Policy and Services Committee Recommendation Regarding Approval
of Proposed Revisions to City Facility Naming Policy.
Council Member Kishimoto, Chairperson for the Policy and Services
Committee, reviewed the updated Naming Policy and asked whether there
had been a vote for withholding logos.
Assistant to the City Manager Kelly Morariu stated there was a Motion from
the Policy and Services Committee regarding logos. However, there was not
an appropriate location in the Policy for placing the determination.
04/14/08 13
MOTION: Council Member Kishimoto moved, seconded by Council Member
Barton to approve; 1) Policies that allow for naming of an entire building in
recognition of individuals or families making financial contributions but to not
allow naming of an entire building in recognition of corporate or commercial
donations, 2) City Council accept corporate donations to name individual
rooms within buildings or other sub-facilities, 3) Streamlining the review and
approval process for naming recognition associated with capital fundraising
campaigns as outlined on page 7 of the revised draft policy, 4) Acceptance
of the proposed revisions to Policy and Procedure 1-15CMGR.
Council Member Barton stated the compromise was to accept donations for
naming rooms within buildings in order to generate revenue.
Susie Thom, 753 Maplewood Place, recommended the adoption of the
naming policy. She stated the changes could raise significant funding and
provided companies to have a history of being closely tied to the community.
Herb Borock, P.O. Box 432, stated the Policy needed to state no logos if it in
fact did not accept logos. He stated the plaque on Centennial walk which
listed donors arranged by donation amount was another way to accept
donations and distribute recognition.
Robert Moss, 4010 Orme Street, spoke regarding the naming policy not
addressing the plausibility of removing the name in the future and noted
there was not a policy statement for naming facilities for national figures.
Council Member Espinosa stated he would be voting against the Motion.
Council Member Morton stated corporate sponsors would be making an
investment in the local community and not donating for advertisement
purposes.
Council Member Burt asked for clarification on streamlining the review
process.
Assistant to the City Manager Kelly Morariu stated Section III had been
added to the Policy and Procedures 1-15/MGR manual and explained a
capital fundraising group would go to Council with a proposed schedule of
naming opportunities and recognition for a facility. If the Council approved
it, the group would complete the fundraising effort without going through
the Boards and Commissions process.
Council Member Burt stated his concerns for the Policy lacking a mechanism
in place to decline disreputable names whether corporate or individual.
04/14/08 14
Council Member Yeh stated donations from a corporate sponsor usually
involved marketing but from an individual it was more of a philanthropic
effort.
Mayor Klein stated he would separate the Motion for voting.
Council Member Schmid asked whether there was a specific recommendation
on how Stanford would fit in as a donor since they wouldn’t fit in either
category of corporate or family.
Ms. Morariu stated the issue of Stanford was not directly addressed.
Senior City Attorney Cara Silver stated there were multiple aspects to
Stanford and each one would need to be approached in a different manner.
Council Member Schmid stated the Council should be prepared for Stanford
to donate.
Mayor Klein stated there needed to be consistency in both processes; the
acceptance of donations and the naming of facilities or rooms.
AMENDMENT: Council Member Espinosa moved, seconded by Council
Member Yeh to not allow corporate names at all in our facilities.
Council Member Burt stated his support for the Amendment in favor of
banning corporate naming.
Council Member Morton stated he would be voting no on the Amendment.
Council Member Kishimoto stated she supported receiving donations and
would vote no.
Council Member Espinosa discussed how corporations change their names
and the complications that accompany the name change on the facility.
Mayor Klein noted there should be a provision stating any naming after
corporations or an individual will be revoked when either entity is involved
with bankruptcy, a criminal act or an act of moral turpitude.
AMENDMENT FAILED: 3-6, Burt, Espinosa, Yeh, yes
AMENDMENT: Mayor Klein moved, seconded by Council Member Morton to
allow corporate names on the outside of the building.
AMENDMENT FAILED: 3-6, Barton, Klein, Morton, yes
04/14/08 15
AMENDMENT: Council Member Barton moved, seconded by Council
Member Kishimoto that the use of corporate logos on buildings would not be
allowed.
Council Member Barton asked whether the maker of the Motion would accept
additional language regarding the provisions for removal of names or logos.
Council Member Kishimoto stated yes.
Council Member Morton mentioned some corporate logos were the initials of
the corporation as in IBM or HP, which was the trademark for that company.
Council Member Burt asked whether the Amendment would include the
procedure of the naming revocation.
Council Member Espinosa requested there be no logos on buildings.
AMENDMENT PASSED: 7-2, Klein, Morton, no
INCORPORATED INTO MOTION WITH CONSENT OF MAKER AND
SECONDER that if any donor name, corporate or individual goes bankrupt
and out of business, convicted of a felony or is otherwise guilty of moral
turpitude the name would be removed without giving the monies back.
Council Member Burt asked for clarification on the revocation of a
corporation between bankruptcy or close of business. He suggested that if
the corporation files for Chapter 7 the revocation take place.
Mayor Klein agreed.
Council Member Morton stated the Motion seemed unnecessarily restrictive.
Council Member Schmid asked whether the Motion included or excluded
Stanford.
Council Member Kishimoto stated Stanford was not a corporate foundation.
Ms. Silver stated additional language would need to be included such as
educational institutions or non-profit organizations.
Ms. Morariu stated the Policy was written to read if the entire exterior of the
facility was being named, the Council would review the possibility and make
a decision.
Council Member Burt stated not all businesses were corporations and asked
why that term was being used.
04/14/08 16
Mayor Klein stated the Motion read corporations. He asked whether Council
Member Burt wanted to Amend the Motion to include LLC’s or LLP’s.
Council Member Burt stated no, he thought the intent had been businesses
without distinction of the necessity to be a corporation.
Council Member Kishimoto stated the Policy stated corporations or corporate
entities.
MOTION PASSED: 7-2, Espinosa, Yeh no
Council Member Morton left the meeting at 10:26 p.m.
PUBLIC HEARINGS
13. TEFRA Hearing Regarding Conduit Financing for the Gideon Hausner
Jewish Day School Facilities Located at 450, 470, 490 and 560 San
Antonio Road, Palo Alto, and Resolution 8810 stating the City Council
of the City of Palo Alto Approving, Authorizing and Directing Execution
of a Joint Exercise of Powers Agreement Relating to the California
Municipal Finance Authority, and Approving the Issuance of Revenue
Bonds by the California Municipal Finance Authority for the Purpose of
Financing or Refinancing the Acquisition, Construction and
Improvement of Certain Facilities for the Benefit of Gideon Hausner
Jewish Day School.
Deputy Director of Administrative Services Joe Saccio read the Resolution
regarding how the TEFRA worked.
Senior City Attorney Cara Silver stated the City’s role in this process was to
provide a public forum and there was no financial liability connected with the
issuance of the bonds.
Council Member Schmid asked for clarification on Section II.
Ms. Silver stated the Council approved the issuance of the bonds but the
bonds were issued by the Authority.
Mr. Saccio stated Section III of the Resolution and Section VIII of the CMFA
Membership Agreement indicated neither the City nor CMFA held any liability
for the bonds.
Public Hearing opened and closed at 10:33 p.m. with no speakers.
04/14/08 17
MOTION: Council Member Espinosa moved, seconded by Vide Mayor
Drekmeier to; 1) Conduct a public hearing under the requirements of the
Tax Equity and Fiscal Responsibility Act of 1983 (TEFRA) and the Internal
Revenue Code of 1986, as amended, 2) Adopt a resolution approving the
issuance of the bonds by the California Municipal Finance Authority (CMFA)
for the benefit of Gideon Hausner Jewish Day School (Borrower) in financing
its project and authorizing the Mayor, City Manager, or such other
designated signatory to execute the Joint Exercise of Powers of Agreement
with the CMFA.
MOTION PASSED: 8-0, Morton absent
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Council Member Burt spoke regarding attending the City/School Liaison
Committee meeting which included discussions on the City environmental
and climate protection programs. They are looking into ways to coordinate
with the City and school’s program.
Mayor Klein spoke regarding attending the Tri-Cities meeting with the City
Manager and the two main items discussed were the summer youth job
program and San Francisquito Creek flooding. He advised that the County
City Association reappointed Council Member Morton to the Airport Land Use
Committee.
ADJOURNMENT: The meeting was adjourned at 10:40 p.m.
ATTEST: APPROVED:
City Clerk Mayor
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