HomeMy WebLinkAbout2008-06-16 City Council Summary Minutes
06/16/08 103-243
Special Meeting
June 16, 2008
CLOSED SESSION .................................................................................245
1. Public Employment........................................................................245
SPECIAL ORDERS OF THE DAY................................................................245
2. Presentation About 2009 Senior Games ...........................................245
2A. Proclamation Recognizing the Palo Alto Humane Society for 100 Years
of Service to Palo Alto. ..................................................................247
ORAL COMMUNICATIONS.......................................................................247
CONSENT CALENDAR.............................................................................248
3. Approval of a Utilities Enterprise Fund Contract with D'Arcy & Harty
Construction, Inc. in an Amount Not to Exceed $1,177,695 for
Wastewater Collection System Rehabilitation Capital Improvement
Program Project WC-06003 Project 19B...........................................248
4. Approval of a Utilities Enterprise Fund Contract with Roto Rooter
Services Company for Sewer Lateral Cleaning Services in an Amount
Not to Exceed $160,000 Per Year and a Term of Up to Three Years......248
5. Resolution 8838 stating “Resolution of the Council of the City of Palo
Alto Summarily Vacating a Public Service Easement for Utilities at 780
Rosewood Drive”. .........................................................................248
6. Resolution 8837 stating “Resolution of the Council of the City of Palo
Alto Establishing its Future Intention to Appoint a City Manager...........248
7. Approval of a Contract Amendment Between the City of Palo Alto and
Telecommunications Engineering Associates (TEA) in an Amount of
06/16/08 103-244
$128,930 Per Year for Annual Maintenance Services of Radio
Infrastructure for Five Years...........................................................248
7A. (Former No. 9) Approval of a Site and Design, Mitigated Negative
Declaration and Record of Land Use Action for a New Spa and Fitness
Facility, Below Grade Parking, Tennis Court, Additional Floor Area for
Accessory Uses Including Offices, Bar, Banquet and Storage Areas and
Other Site Improvements Located Within the Open Space (OS) Zone
District at 3000 Alexis Drive. ..........................................................249
PUBLIC HEARINGS ................................................................................249
8. Approval of a Mitigated Negative Declaration and Adoption of an
Ordinance Amending the Zoning Map of the City Of Palo Alto to
Change the Zone Designation for Approximately 0.45 Acres, Located at
2995 Middlefield Road, from Planned Community (PC 3779) to
Neighborhood Commercial (CN) Zone District with a Retail Shopping
(R) Combining District ...................................................................249
REPORTS OF OFFICIALS.........................................................................252
10. Approval of Letter of Intent with the Friends of Lytton Plaza Park,
L.L.C., for the Design, Construction and Installation of Trees, Fountain,
Park Amenities and Other Improvements at Lytton Plaza – Capital
Improvement Program Project PE-08004............................................252
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES 13
ADJOURNMENT.....................................................................................256
06/16/08 103-245
The City Council of the City of Palo Alto met on this date in the Council
Conference Room at 6:05 p.m.
Present: Barton, Burt, Drekmeier, Espinosa, Kishimoto, Klein, Morton,
Schmid, Yeh arrived at 6:20 p.m.
Absent:
CLOSED SESSION
1. Public Employment
Title: City Manager
Authority: Government Code section 54957(b)
Council reconvened from Closed Session at 7:02 p.m.
Mayor Klein advised no reportable action taken.
SPECIAL ORDERS OF THE DAY
2. Presentation About 2009 Senior Games
Anne Cribbs spoke about the 2009 Senior Games coming to Palo Alto in
August 2009. She stated that 13,500 athletes over the age of 50 from
around the country would be competing in 18 medal sports and 7
demonstration sports in and around the Bay Area. The Senior Games are
held every two years and everyone has to qualify at their state games. This
event is free to the athletes and to the public to attend. The event will also
include a torch relay with a sustainable torch. This will be a green event,
where the use of organic food, limited waste, and each athlete will be given
their own water bottle. She spoke about requesting a financial buy-in from
the City, a total investment cost of $500,000.00.
Steve Player spoke about the importance of lifelong fitness and health and
the success of the Games in Palo Alto.
Susie Thom spoke of the opportunity for sustainability education for the
participants and guests who will be experiencing the Palo Alto difference and
she hopes the knowledge will be taken back to their cities.
Vice Mayor Drekmeier asked whether there was a vision involved with the
event for the hotels in the area to move up their green program
commitments.
06/16/08 103-246
Ms. Cribbs stated yes. She had been working with the hotels.
Vice Mayor Drekmeier asked whether the 2009 Summer National Senior
Games Local Organizing Committee (LOC) felt the event Palo Alto was
experiencing would become the standard for future Senior Games.
Ms. Cribbs stated yes. The LOC had challenged the National Senior Games
Association (NSGA) to join them in the green sustainability efforts.
Council Member Yeh asked about their experience in volunteer outreach.
Ms. Cribbs stated there was a need for four thousand volunteers to run the
event. There were volunteer registration forms on the website.
Council Member Yeh stated it would be nice to have the athletic youths
involved to interact with the senior athletes. He suggested involving the two
High School campuses and Stanford University.
Ms. Cribbs stated it was a good idea. She mentioned over the past three
years their organization had been doing the Bay Area Senior Games in
preparation for this event where they had High School involvement and it
worked out very well.
Mayor Klein stated there were 30,000 qualifying persons but merely 13,500
participants. He asked what happened to the remaining 16,500.
Ms. Cribbs stated for one reason or another they decided not to come.
Mayor Klein stated he saw it as a marketing opportunity reaching out to
entice the 16,500 qualifiers to join in the event.
Ms. Cribbs stated yes, the organization had thought of that and was working
on ways to encourage more participation.
Mayor Klein asked where the Senior Games were going to be held in 2010.
Ms. Cribbs stated Houston, Texas.
Council Member Morton stated with the Senior Games coming, we have the
opportunity to make a huge impact for the community.
Council Member Burt asked whether there was going to be an estimated
revenue accrual from the event.
Interim Deputy City Manager Steve Emslie stated yes.
06/16/08 103-247
Council Member Burt asked for an anticipated revenue range as received
after the Tour de California event.
Mr. Emslie stated yes, staff has the capability to project the estimated
revenue based on revenue tracking format from the Tour de California.
Council Member Espinosa asked whether there was going to be a website
developed for the games and asked how the City could participate in order
to draw people to stay in Palo Alto and utilize the amenities.
Ms. Cribbs stated there was a website where a destination company was
working with the hotels and scheduling on-line.
Council Member Schmid asked whether there were an institutional means to
encourage local seniors to participate in the games in the future.
Ms. Cribbs stated the organization as a whole was working on ways of
communicating with the up and coming participants.
2A. Proclamation Recognizing the Palo Alto Humane Society for 100 Years
of Service to Palo Alto.
Vice Mayor Drekmeier read the Proclamation and presented it to Carol Hyde,
the Executive Director of the Palo Alto Humane Society.
Carol Hyde, Palo Alto Humane Society, shared the history of the Humane
Society.
ORAL COMMUNICATIONS
Edward R. Holland, 1111 Parkinson Avenue, spoke regarding the wasting of
water.
Christopher Harris, 2115A Oberlin, spoke regarding the College Terrace
petition on construction.
Swathi Rao, 2020 Princeton Street, spoke regarding the College Terrace
Street Construction.
Anne Shahinian, 2041 Oberlin Street, spoke regarding the construction in
the College Terrace neighborhood.
Josiah Slone, 631 Union Avenue, Campbell spoke regarding the termination
of Pat Briggs and Richard Curtis.
06/16/08 103-248
Herb Borock, P.O. Box 632, spoke regarding the review of cash handling
procedures Request for Proposal number 127676.
Suzan Stewart, 1550 Middlefield, spoke regarding the handling of the Palo
Alto Children’s Theatre investigation.
Kathleen Gui, 2294 Princeton Street, spoke regarding process of issuing
planning permits for remodeling.
CONSENT CALENDAR
Mayor Klein noted that Item Number 3 had been removed from the Consent
Calendar at the request of staff, to be heard on an undetermined date.
MOTION: Council Member Morton moved, seconded by Council Member
Kishimoto to approve Consent Calendar Item Numbers 4-7.
3. Approval of a Utilities Enterprise Fund Contract with D'Arcy & Harty
Construction, Inc. in an Amount Not to Exceed $1,177,695 for
Wastewater Collection System Rehabilitation Capital Improvement
Program Project WC-06003 Project 19B.
4. Approval of a Utilities Enterprise Fund Contract with Roto Rooter
Services Company for Sewer Lateral Cleaning Services in an Amount
Not to Exceed $160,000 Per Year and a Term of Up to Three Years.
5. Resolution 8838 stating “Resolution of the Council of the City of Palo
Alto Summarily Vacating a Public Service Easement for Utilities at 780
Rosewood Drive”.
6. Resolution 8837 stating “Resolution of the Council of the City of Palo
Alto Establishing its Future Intention to Appoint a City Manager.
7. Approval of a Contract Amendment Between the City of Palo Alto and
Telecommunications Engineering Associates (TEA) in an Amount of
$128,930 Per Year for Annual Maintenance Services of Radio
Infrastructure for Five Years.
MOTION PASSED: 9-0
MOTION: Mayor Klein moved, seconded by Vice Mayor Drekmeier to bring
Agenda Item Number 9 forward to become Agenda Item Number 7A.
06/16/08 103-249
MOTION PASSED: 9-0
7A. (Former No. 9) Approval of a Site and Design, Mitigated Negative
Declaration and Record of Land Use Action for a New Spa and Fitness
Facility, Below Grade Parking, Tennis Court, Additional Floor Area for
Accessory Uses Including Offices, Bar, Banquet and Storage Areas and
Other Site Improvements Located Within the Open Space (OS) Zone
District at 3000 Alexis Drive. (Staff requests item to be continued by Council Motion to a date uncertain)
Interim Director of Planning and Community Environment Curtis Williams
clarified that the item was being requested for continuance due to the need
for staff to review the Conditional Use Permit associated with the Country
Club in regards to the Mitigated Negative Declaration.
MOTION: Mayor Klein moved, seconded by Vice Mayor Drekmeier to
continue this Agenda Item to a date uncertain.
MOTION PASSED: 9-0
PUBLIC HEARINGS
8. Approval of a Mitigated Negative Declaration and Adoption of an
Ordinance Amending the Zoning Map of the City Of Palo Alto to
Change the Zone Designation for Approximately 0.45 Acres, Located at
2995 Middlefield Road, from Planned Community (PC 3779) to
Neighborhood Commercial (CN) Zone District with a Retail Shopping
(R) Combining District
Council Member Morton advised that he would not be participating in this
item as he is a founding member and currently on the Board of Directors of
Community Skating Inc., which surrounds this property.
Interim Director of Planning and Community Environment Curtis Williams
stated the project was recommended for approval by the Planning and
Transportation Commission (P&TC).
Planning and Transportation Commissioner Samir Tuma clarified the full
Planning and Transportation Commission was in favor of the rezoning. Their
concerns were whether to rezone prior to the discussions of property use in
order to give maximum flexibility to the use of the property.
Council Member Burt asked about the resource impact. He asked how staff
came up with the dollar amount for taxable revenue.
06/16/08 103-250
Mr. Williams stated the site information was provided to the Administrative
Services Department and their calculations provided the numbers in the
report.
Council Member Burt stated the answer was not going to alter his vote it was
more for informational purposes.
Council Member Schmid stated the Planning and Transportation
Commissions’ main discussions had been over driveway entries.
Mr. Williams stated yes.
Council Member Schmid stated a portion of the Planning and Transportation
Commission discussion was a trade of property to allow the ingress and
egress on the same side.
Mr. Williams stated the property trade would minimize the necessary number
of driveways on the site.
Mr. Tuma stated the P&TC was looking into the opportunity as a more logical
ingress and egress with the property being under one ownership. He stated
the owner of the property was eager to negotiate an agreement without
trading land.
Council Member Schmid asked whether there would be further discussions to
solidify the concerns as the project proceeded.
Mr. Williams stated yes.
Mayor Klein asked for clarification on the staff report in regards to City
owned property surrounding the site in question.
Mr. Williams stated on the west side of the Winter Lodge there was a strip of
land between the parcel and the creek which maintained a driveway, several
parking spaces and some trees and shrubs. He stated there was an
attachment to the Negative Declaration describing the lot with a map.
Public Hearing opened at 8:21 p.m.
Bob Moss, 4010 Orme Street, supported the rezoning of the CN. Although
with the site being on an abandoned gas station, there had been no data
provided which analyzed petroleum product leakage.
06/16/08 103-251
Mark Coiley, 3069 Middlefield Rd., #204, stated he did not support the
rezoning for commercial use. When the property owner was approached by
the City to purchase the Winter Lodge stated they were not interested. The
City should approach the Winter Lodge again.
Herb Borock, P.O. Box 632 stated the history of this area was set aside for
low density multiple family housing. In the future it would be nice to
consolidate all of the parcels into a recreational area combined with
dedicated parkland.
Erik Corrigan, 12797 Normandy Lane, Los Altos Hills, stated he was the
owner representative and was available to respond to any Council questions.
Council Member Schmid asked for an update on where the owners were in
respect to the number of access points off of Middlefield Road.
Mr. Corrigan stated he would be happy to consider any alternatives with the
City and the Winter Lodge in reference to the ingress and egress to the site.
The site was previously a gas station and there had been a large amount of
traffic that seemed to pose no issue at that time.
Public Hearing closed at 8:31 p.m.
MOTION: Council Member Barton moved, seconded by Mayor Klein to
approve Staff and Planning and Transportation Commission
recommendations to 1) approve the proposed Mitigated Negative Declaration
and; 2) adopt the Ordinance to change the zoning classification of 2995
Middlefield Road from Planned Community (PC-3779) to Neighborhood
Commercial Zone District (CN) with a Retail Shopping Combining District
(R).
Council Member Barton stated in order to develop the site rationally,
rezoning the site was the appropriate option.
Mayor Klein stated rezoning was the first step towards the improvement of
this area.
Council Member Kishimoto asked whether there had been discussion of
sidewalks on the project.
Mr. Williams stated no.
Mr. Tuma stated that the installation of a crosswalk would ultimately be
dependent on the project to determine what type of sidewalk was necessary.
06/16/08 103-252
Council Member Kishimoto stated the nearest crosswalk was quite a distance
and the amount of traffic should be considered.
Mr. Williams stated there must be a nexus for a crosswalk to this project.
City Attorney Gary Baum stated the City could commission a crosswalk for
the purpose of traffic control; however it was not part of the project in
discussion.
Council Member Kishimoto asked how many parking spaces would be
available.
Mr. Williams stated it was approximately an eight thousand square foot lot
which calculated out to 32 stalls.
Council Member Kishimoto stated she supported the Motion.
MOTION PASSED: 8-0 Morton not participating
REPORTS OF OFFICIALS
10. Approval of Letter of Intent with the Friends of Lytton Plaza Park,
L.L.C., for the Design, Construction and Installation of Trees, Fountain,
Park Amenities and Other Improvements at Lytton Plaza – Capital
Improvement Program Project PE-08004.
Assistant Director of Community Services Greg Betts gave a brief history of
how the Plaza came to be and a description of the proposed plan.
Council Member Morton asked whether the Letter of Intent had an expiration
period.
Mr. Betts stated the letter had a negotiated amount of time which was
necessary to complete the fundraising.
Council Member Morton asked whether the title of ownership was to be
temporarily transferred to the organization completing the construction
project, then returned to the City upon its completion.
City Attorney Gary Baum stated the actual title was not transferred, a
license was granted that allowed entry rights.
06/16/08 103-253
Council Member Kishimoto asked whether the amount of the financial
agreement between the Friends Organization and the City was determined
prior to or during the agreement.
Mr. Betts stated he was unsure of the projects original orientation.
Council Member Schmid asked the qualifications of the private side of the
public private partnerships.
Mr. Baum stated his belief was that there was no requirement.
Council Member Schmid asked the implication for financial oversight.
Mr. Betts stated there was a joint account established and held by the City.
The funds allocated by the CIP were held in the account along with the funds
raised by the Friends.
Le Levy, Friends of Lytton Plaza, 690 Greer Road, stated the Plaza was forty
years of age and the Friends were hoping to regain its beauty and vibrant
attraction with this project.
Emily Renzel, 1056 Forest Avenue, stated she did not support the alteration
of the current Plaza, which had been an active part of the community since
its inception.
Herb Borock, P.O. Box 632, recited historic events of the Plaza and stated if
the Plaza was to be altered the designations of it being private property
should be removed.
MOTION: Council Member Morton moved, seconded by Council Member
Espinosa to accept Staff recommendation to authorize the City Manager or
his/her designee to sign the Letter of Intent with the Friends of Lytton Plaza
Park, L.L.C., for improvements located within Lytton Plaza Park, including
installation of trees, a fountain, site amenities and other improvements.
Council Member Morton stated the benefit of improvement to the historic
downtown area was a benefit to the future as well as the present
community.
Council Member Espinosa stated the new plans to update the dilapidated
Plaza were encouraging and he requested the project leaders incorporate the
history of Earth Day into the plans.
Vice Mayor Drekmeier stated his support for the Motion.
06/16/08 103-254
Council Member Kishimoto asked whether there was an Ordinance regarding
free speech.
Mr. Baum stated he was unable to locate an Ordinance specific to free
speech, however; it was a recognized public forum in the City and therefore
did not need an Ordinance.
Council Member Kishimoto stated her support for the Motion.
Council Member Yeh stated his support for the Motion.
Council Member Burt asked how sustainability played a role in the project.
Mr. Betts stated the design of the surface was to be permeable and the trees
would add a canopy to increase shade.
Council Member Burt asked the intent of reuse for the materials, such as the
bricks, and asked how it was incorporated into the construction plan.
Mr. Betts stated that level of specificity of the plans had not been set yet.
Council Member Burt requested an Amendment to the Motion incorporating
the reuse of materials.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER that consideration be given to the reuse of
materials where practical.
Mayor Klein stated the downtown area needed to be refreshed from time to
time and the City bears a percentage of the financial involvement. He stated
on City owned property the City denotes the policy of use.
MOTION PASSED: 9-0
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Council Member Yeh asked several questions regarding the scope of services
for the contract of the Police Auditor in the Children’s Theatre investigation.
He wanted to know if additional questions could be added to the scope of
services.
City Attorney Gary Baum stated questions could be asked within the
purview, however; direction was not possible without the item being
agendized.
06/16/08 103-255
Council Member Yeh asked whether there was time to change, edit or
expand the scope of services.
Interim City Manager Kelly Morariu stated there was an opportunity to make
an addendum to the RFP.
MOTION: Council Member Yeh moved, seconded by Council Member
Morton to agendize the discussion of; 1) the City Manager’s scope of
services for the cash handling audit at the time of the police auditor’s review
and, 2) Council determination of moving forward with an outside audit firm
or refer to the City Auditor’s office.
Council Member Schmid stated his support for the Motion.
MOTION PASSED: 8-1 Barton no
Vice Mayor Drekmeier reported that at the Human Relations Commission
meeting last week Police Chief Johnson and Assistant Chief Burns gave a
great presentation about 39 outreach programs that the Police Department
is involved in with the community. He wanted to request that this
information be included in a future council packet for all Council Members.
Council Member Morton spoke regarding a presentation he gave at the Santa
Clara County Cities Association in Sunnyvale last week regarding the County
updating the Palo Alto Land Use Plan and the San Martin Airport this year.
Mayor Klein stated he also attended the Santa Clara County Cities Association
meeting last week. There is a meeting of the Peninsula Division of the State
of California League of Cities on June 19, 2008 and all Council Members
should attempt to attend as we need to show support. The Tri-cities of Los
Gatos, Monte Sereno and Saratoga have all initiated a road impact fee that
would be imposed to construction companies, as they cause the major
damage to roadways. It was estimated that it would bring in an additional
$600,000.00 per year. The City of San Jose reported that when they receive
project permits that involve installation of photovoltaic panels they are
processed within 24 hours. He stated that he has heard from some Palo Alto
residents who were installing photovoltaic panels, that they were treated
poorly by the City. He also stated that San Jose reported on their recycling
programs including getting rid of the use of plastic bags. Finally, there will be
a Measure on the November ballot on redistricting and there will be 11 or 12
issues on the State ballot.
Council Member Burt asked Staff to secure the construction impact fee
information from Los Gatos, Saratoga, and Monte Sereno.
06/16/08 103-256
ADJOURNMENT: The meeting adjourned at 9:40 p.m.
ATTEST: APPROVED:
City Clerk Mayor
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