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HomeMy WebLinkAbout2000-04-03 City Council Summary Minutes Regular Meeting April 3, 2000 SPECIAL ORDERS OF THE DAY....................................... 43 2. Appointments to the Human Relations Commission............. 43 1. Resolution 7952 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to June Fleming Upon Her Retirement”............................................ 45 ORAL COMMUNICATIONS............................................. 49 3. Selection of Candidates to be Interviewed for Mid-Peninsula Access Corporation......................................... 49 APPROVAL OF MINUTES............................................. 49 4. Agreement for Transfer of Rights and Obligations Under an Interest Rate Swap Agreement Relating to Hydroelectric Project Number One Revenue Bonds................................... 50 5. Ordinance 4623 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1999-00 to Provide An Additional Appropriation of $400,000 for the Fiber Optic Customer Design and Connection Services Capital Improvement Project Number 9802”........................... 50 6. Resolution 7953 entitled “Resolution of the Council of the City of Palo Alto Amending Chapters 7 (Vacation Leave) and 8 (Other Leaves of Absence) of the Merit System Rules and Regulations”............................................... 50 7. Ordinance 4624 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”................................................. 50 04/03/00 90-41 8. Resolution 7954 entitled “Resolution of the Council of the City of Palo Alto Determining Properties Electing to Pay Cost over a Period of Years, Determining and Classifying Unpaid Assessments, and Funding Loans to Property Owners from the Electric Reserve for Underground Connections – Underground Utilities Conversion – Underground Utility Assessment District 37”........................................................ 50 9. Contract Between the City of Palo Alto and Energy Masters International in the Amount of $300,000 for Comprehensive Energy Project Management Services......................... 50 10. Conference with Real Property Negotiator................... 50 11. Information Regarding Council Inquiry into the Potential Purchase of the 13.25-Acre Vacant Land at 1525 Arastradero Road Commonly Known as the Bressler Property............... 51 ADJOURNMENT: The meeting adjourned at 10:10 p.m................. 52 04/03/00 90-42 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:10 p.m. ROLL CALL PRESENT: Beecham, Burch, Eakins, Fazzino, Kleinberg, Kniss, Lytle, Mossar, Ojakian SPECIAL ORDERS OF THE DAY MOTION: Vice Mayor Eakins moved, seconded by Mossar, to move Item No. 2 forward ahead of Item No. 1. MOTION PASSED 9-0. 2. Appointments to the Human Relations Commission MOTION: Council Member Kleinberg moved, seconded by Eakins, to vote first for the three, three-year terms, then for the two-year and one-year terms. MOTION PASSED 9-0. FIRST ROUND OF VOTING FOR HUMAN RELATIONS COMMISSION VOTING FOR EVE AGIEWICH: Beecham, Burch, Eakins, Fazzino, Kleinberg, Kniss, Lytle, Mossar, Ojakian VOTING FOR VICTOR FROST: VOTING FOR BERNARD GREENBERG: VOTING FOR ANNE GRILLOT: VOTING FOR ADELE KHABBAZ: Beecham, Burch, Eakins, Fazzino, Kleinberg, Kniss, Lytle, Ojakian VOTING FOR ANNE OZER: VOTING FOR ANDREW PIERCE: Beecham, Burch, Eakins, Fazzino, Kleinberg, Kniss, Lytle, Ojakian VOTING FOR LAKIBA PITTMAN: Mossar VOTING FOR JENNIFER SAVAGE-CRONWALL: VOTING FOR LINDA SLONE: Mossar VOTING FOR DEA SMITH: 04/03/00 90-43 City Clerk Donna Rogers announced that Eve Agiewich, Adele Khabbaz, and Andrew Pierce received 5 or more votes and were appointed to the three, three-year terms. Vice Mayor Eakins said the City received a good group of applicants, and the City should feel honored to have such sincere and conscientious people who applied. Mayor Kniss agreed that the list of applicants was very impressive. SECOND ROUND OF VOTING FOR HUMAN RELATIONS COMMISSION VOTING FOR EVE AGIEWICH: VOTING FOR VICTOR FROST: VOTING FOR BERNARD GREENBERG: VOTING FOR ANNE GRILLOT: VOTING FOR ADELE KHABBAZ: VOTING FOR ANNE OZER: VOTING FOR ANDREW PIERCE: VOTING FOR LAKIBA PITTMAN: Beecham, Burch, Eakins, Fazzino, Kleinberg, Kniss, Lytle, Mossar, Ojakian VOTING FOR JENNIFER SAVAGE-CRONWALL: VOTING FOR LINDA SLONE: VOTING FOR DEA SMITH: City Clerk Donna Rogers announced that Lakiba Pittman received 9 votes and was appointed to the unexpired term ending March 31, 2002, on the second ballot. THIRD ROUND OF VOTING FOR HUMAN RELATIONS COMMISSION VOTING FOR EVE AGIEWICH: VOTING FOR VICTOR FROST: VOTING FOR BERNARD GREENBERG: VOTING FOR ANNE GRILLOT: 04/03/00 90-44 VOTING FOR ADELE KHABBAZ: VOTING FOR ANNE OZER: VOTING FOR ANDREW PIERCE: VOTING FOR LAKIBA PITTMAN: VOTING FOR JENNIFER SAVAGE-CRONWALL: Beecham, Burch, Lytle VOTING FOR LINDA SLONE: Fazzino, Eakins, Kleinberg, Kniss, Mossar, Ojakian VOTING FOR DEA SMITH: City Clerk Donna Rogers announced that Linda Slone received 6 votes and was appointed to the unexpired term ending March 31, 2001, on the third ballot. 1. Resolution 7952 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to June Fleming Upon Her Retirement” Mayor Kniss said it was difficult to believe that the current meeting was City Manager June Fleming’s last. The dinner on Friday, March 31, 2000, was an opportunity to honor Ms. Fleming, and the current meeting was the Council’s opportunity to honor her again. She read the resolution of appreciation. MOTION: Council Member Fazzino moved, seconded by Kleinberg, to adopt the resolution. MOTION PASSED 9-0. Mayor Kniss presented the Resolution of Appreciation to June Fleming and a gift from Council Members who had worked with Ms. Fleming. Council Member Mossar said she would miss Ms. Fleming. She recalled a situation that involved an upset member of the public who spoke before the Council. Ms. Fleming left her seat to talk to the person to make sure that person knew he was heard. She thanked Ms. Fleming for her compassion, concern, and caring and wished her the very best. Council Member Fazzino said one of the most enjoyable moments that he experienced in public life was the opportunity to call Ms. Fleming in December 1992 and offer her the position of City Manager. The current meeting represented one of the most 04/03/00 90-45 bittersweet moments in his public life. Ms. Fleming was an integral part of the City and its successes. He appreciated all she did. He recalled how Ms. Fleming helped revitalize a library system in the early 1970s and remembered her special emphasis on collaboration between the PAUSD and the City. That commitment to collaboration continued during her years as Community Services Director and as City Manager. He recalled during the 1980s that Ms. Fleming found ways to sustain critically important and valued community services and demanded higher accountability during the period following Proposition 13. Ms. Fleming was most responsible for establishing the City’s current Mission Driven Budgeting system which improved the budget system. Ms. Fleming’s greatest contribution to the area had to do with her efforts to assist East Palo Alto in its economic development. Her legacy will be efforts to work with East Palo Alto to provide planning, public works, recreation, and other important services. Ms. Fleming hired many outstanding managers during the prior years and assured that the City would have outstanding leadership for the future. She endured criticism with class and dignity. He thanked Ms. Fleming for conducting herself with the highest integrity, dignity, and class and said she would be missed. Vice Mayor Eakins said she admired that fact that when Ms. Fleming did not know something, she made an effort to learn, master and integrate the new knowledge. Ms. Fleming was an inspiring leader, and she was pleased to have the opportunity to work with Ms. Fleming and watch her in action. Council Member Lytle said when she came to the Peninsula years ago as a young planner, she learned about three problematic regional planning issues. One was a regional circulation issue which involved being unable to rationalize circulation in the mid-peninsula area because Sand Hill Road could not be connected due to deadending into a parking lot. Another issue was that San Francisquito Creek’s watershed could not be managed. The last issue was that a major medical facility would be unable to modernize and expand. The issues seemed impossible to solve technically and politically. To her credit, Ms. Fleming was able to solve what planners considered very miraculous planning obstacles for the region. Council Member Burch recalled how warm Ms. Fleming was to the newly elected Council Members. His daughter was a team-teacher at Fairmeadow School, and she and another teacher brought a group of students to City Hall on the Shuttle. He had asked whether Ms. Fleming would be available and was told she would be in a meeting. The students met the Mayor in her office and then went to the Council Chambers. Ms. Fleming appeared in the Chambers and had her picture taken with the students. Ms. Fleming made quite an impression on the children and him. 04/03/00 90-46 Council Member Kleinberg recalled when her children were young, there were not many places for them to go in the evening. The person behind the scenes who made things happen was Ms. Fleming, with her staff. A kick-off event for the teen center was planned in front of City Hall, and she came before the Council to ask for lighting. Ms. Fleming kept her up-to-date as to when the lighting would be placed. The teen center would not have happened without Ms. Fleming’s diligence and commitment to families. Council Member Ojakian said people appreciated everything Ms. Fleming did, and he had difficulty putting things into words to thank Ms. Fleming for the work she did for the City. He thanked Roscoe Fleming for sharing Ms. Fleming with the City. He will remember two words when he thinks about Ms. Fleming: unflappable and affable. The City lost a City Manager and a resident. He thanked her for everything she did. Council Member Beecham said his main thought about Ms. Fleming was pride in how she conducted herself everyday in front of the Council and the City. He hoped as Ms. Fleming moved to Virginia that she would stay warm as she wrapped herself in the City’s pride. She will be missed. Mayor Kniss thanked Ms. Fleming for being “the wind beneath the Council’s wings,” and was the Council’s unsung heroine. Ms. Fleming blazed many trails, including the City’s first African-American City Manager. Jan Dolan, City Manager, City of Menlo Park, said as a city manager, she spent the majority of her life in the public sector and encountered many people doing great things for their communities, states, and nation. She met very few people who she would define as special. When she met Ms. Fleming, she knew Ms. Fleming was one of the few people she could count on. Ms. Fleming became a part of her life and she had difficulty imagining doing her job without Ms. Fleming. She represented the San Francisquito Joint Powers Authority (JPA) and said there would not be a JPA without June Fleming. On behalf of the JPA, she presented a gift to Ms. Fleming. On behalf of the Menlo Park City Council, she presented a Certificate of Appreciation and a book to Ms. Fleming. Cathy Kroyman, President, Palo Alto Unified School District (PAUSD) Board of Education, read a resolution and presented it to Ms. Fleming. Mike Potter, representing Senator Byron Sher and Assembly Member Ted Lempert, presented a resolution to Ms. Fleming. Hal Mickelson, Palo Alto Rotary, said Ms. Fleming was an example of civility in public discourse in everything he heard her express, 04/03/00 90-47 especially in an era in which there were personal attacks and personal animosity in civic life. He presented a resolution of appreciation to Ms. Fleming and congratulated her. Santa Clara County Supervisor Joe Simitian presented a resolution from Congresswoman Anna Eshoo and a resolution on behalf of the Board of Supervisor’s. He said all the resolution whereas and resolve clauses in the world could not begin to reflect the Ms. Fleming’s contributions and accomplishments during the prior 32 years. He recognized Ms. Fleming for her caring of the individual members of the community including residents, visitors, employees in the local businesses, and neighbors. Her caring for the community for 32 years was not a small accomplishment, and she should be recognized for it. Working with Ms. Fleming during his five years on the Council was a pleasure. He thanked Ms. Fleming for the opportunity to have worked with her. Gussie Stewart-Ross, President, San Francisco-Peninsula Alumni Chapter, Delta Sigma Theta Sorority (Sorority), said the Sorority was an organization of public service and undertook many projects including some in Palo Alto. The reason for its success was because of Ms. Fleming’s work in the background to make things possible for the Sorority. She read a poem and presented a plaque acknowledging the wonderful things Ms. Fleming did for the Sorority. City Attorney Ariel Calonne said Ms. Fleming was his desk mate at Council meetings for 10 years which was an extraordinary experience. He aspired to remain as limber, open, and agile as he went through his career as Ms. Fleming did. He hoped that everyone could leave others as well positioned to succeed as Ms. Fleming left the City. Council Member Burch read a letter from President Bill Clinton congratulating Ms. Fleming on her retirement. Council Member Lytle read a proclamation from Governor Gray Davis congratulating Ms. Fleming. Council Member Beecham read a letter from Senator Barbara Boxer congratulating Ms. Fleming. Vice Mayor Eakins read a plaque from the League of California Cities congratulating Ms. Fleming. Council Member Kleinberg read a resolution from the Silicon Valley Manufacturing Group congratulating Ms. Fleming. Council Member Ojakian read a letter from the Palo Alto Chapter of the YWCA congratulating Ms. Fleming on her retirement and thanking her for her support during the prior years. 04/03/00 90-48 Council Member Mossar read a letter from the International City/County Management Association thanking Ms. Fleming for her dedication to the citizens of Palo Alto and congratulating her on her retirement. Council Member Fazzino read a proclamation from the City of East Palo Alto honoring and recognizing Ms. Fleming’s contributions to the City of East Palo Alto. Bob Moss, 4010 Orme Street, said Palo Alto was a Town where people routinely expected excellence, and Palo Alto was blessed by someone who achieved well. He was grateful for what Ms. Fleming did for the City and wished her good health, happiness, and success in her retirement. City Manager June Fleming said working with the City was a labor of love which she was able to do with great support of the Council. The staff was superb and would serve the Council well. The residents were a wonderful group. She thanked the Council for what it did, and said the Council had a wonderful future with a staff that will carry it there. Mayor Kniss said it was the Council’s incredible privilege to have Ms. Fleming as Palo Alto’s City Manager. ORAL COMMUNICATIONS Beth Bunnenberg, 2351 Ramona Street, spoke regarding the Sea Scout Building. Ed Power, 2254 Dartmouth Street, spoke regarding politics. Stephanie Munoz, 101 Alma Street, spoke regarding City Manager June Fleming. 3. Selection of Candidates to be Interviewed for Mid-Peninsula Access Corporation City Clerk Donna Rogers announced that Suzanne Alexander and Debbie Mytles received four or more votes and would be interviewed on Monday, April 17, 2000. APPROVAL OF MINUTES MOTION: Council Member Mossar moved, seconded by Ojakian, to approve the Minutes of February 22, 2000, and March 6, 2000, as submitted. MOTION PASSED 8-0, Fazzino absent. 04/03/00 90-49 CONSENT CALENDAR MOTION: Vice Mayor Eakins moved, seconded by Ojakian, to approve Consent Calendar Items 4 – 9. 4. Agreement for Transfer of Rights and Obligations Under an Interest Rate Swap Agreement Relating to Hydroelectric Project Number One Revenue Bonds – Refer to Finance Committee 5. Ordinance 4623 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1999-00 to Provide An Additional Appropriation of $400,000 for the Fiber Optic Customer Design and Connection Services Capital Improvement Project Number 9802” 6. Resolution 7953 entitled “Resolution of the Council of the City of Palo Alto Amending Chapters 7 (Vacation Leave) and 8 (Other Leaves of Absence) of the Merit System Rules and Regulations” 7. Ordinance 4624 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” (1st Reading 3/20/00, Passed 8-0, Fazzino absent) 8. Resolution 7954 entitled “Resolution of the Council of the City of Palo Alto Determining Properties Electing to Pay Cost over a Period of Years, Determining and Classifying Unpaid Assessments, and Funding Loans to Property Owners from the Electric Reserve for Underground Connections – Underground Utilities Conversion – Underground Utility Assessment District 37” 9. Contract Between the City of Palo Alto and Energy Masters International in the Amount of $300,000 for Comprehensive Energy Project Management Services MOTION PASSED 8-0, Fazzino absent. CLOSED SESSION This item may occur during the recess or after the Regular Meeting. 10. Conference with Real Property Negotiator Authority: Government Code section 54956.8 04/03/00 90-50 Property: 13.25-Acre Vacant Land at 1525 Arastradero Road Commonly Known as the Bressler Property Potential Negotiating Parties: Jacqueline Bressler Subject of Potential Negotiation: Price and Terms of Payment REPORTS OF OFFICIALS 11. Information Regarding Council Inquiry into the Potential Purchase of the 13.25-Acre Vacant Land at 1525 Arastradero Road Commonly Known as the Bressler Property City Attorney Ariel Calonne said staff completed the appraisal, and the Council would go into closed session if it wanted to analyze the appraisal and consider whether to proceed further. Herb Borock, P.O. Box 632, said the Council should make the appraisal public so that those who were familiar with the property could give opinions. He had the opportunity to review most of the appraisals made for the property for the City, the Bresslers and the Banks, and the appraisals varied greatly. He provided the Council with two letters on the subject. One of the letters, dated 1990, included items that might have not been considered in previous City analysis about the property that would tend to reduce the value of the property. The City’s analysis was part of the public record. He presented to the City Clerk two other memos on the subject: the first from December 6, 1988, from the City Attorney’s Office to the Zoning Administrator and Planner; and the second was from September 29, 1992, from the City Attorney’s Office to the Director of Planning and Community Environment and Chief Planning Official, which covered the same material as the 1990 memo. In February 2000, the price of the property went from $8 million to $10 million, and the current price was $15 million. The City had one advantage over other potential purchases; the City could more easily enable the present owner to obtain tax benefits to the extent that a portion of the value of the property was donated to the property. He hoped the City would prepare the appropriate soils and geologic analysis of the property prior to deciding on a purchase price because some members of the Council and public had ideas on how the property might be used. MOTION: Vice Mayor Eakins moved, seconded by Ojakian, to go into Closed Session. MOTION PASSED 8-0, Fazzino absent. RECESSED TO A CLOSED SESSION: 9:15 p.m. - 10:10 p.m. 04/03/00 90-51 The City Council met in Closed Session to discuss matters involving Real Property Negotiation as described in Agenda Item No. 10. Mayor Kniss announced that no reportable action was taken on Agenda Item No. 10. ADJOURNMENT: The meeting adjourned at 10:10 p.m. in honor of City Manager June Fleming upon her retirement. 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. 04/03/00 90-52