HomeMy WebLinkAbout2000-06-12 City Council Summary Minutes
Special Meeting June 12, 2000
1. Study Session re Results of Phase One Work Associated with the Four Sites Under Consideration for a New Public Safety Building..........................................................235
ORAL COMMUNICATIONS..........................................................235
ADJOURNMENT: The meeting adjourned at 6:50 p.m...........................................................235
1. Appointment to Public Art Commission..........................................................236
ORAL COMMUNICATIONS..........................................................236
APPROVAL OF MINUTES..........................................................237
2. Ordinance 1st Reading entitled “Ordinance of the Council of the City of Palo Alto Authorizing Traffic Enforcement on Private Roads and Parking Facilities within the Stanford Shopping Center and the Stanford West Apartments”..........................................................237
3. Request for Approval of the Stanford Shopping Center Supplemental Maintenance Agreement for Utilities and a Budget Amendment Ordinance for Wastewater Collection System Extension..........................................................237
4. Amendment No. 1 to Contract No. C9109355 between the City of Palo Alto and Flynn & Associates to Assist the City with Electric Regulatory Affairs, Increasing the Contract Amount by $25,000, Bringing the Total Amount to $355,000 Over Three Fiscal Years..........................................................23
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AGENDA CHANGES, ADDITIONS, AND DELETIONS..........................................................237
5. Conference with Labor Negotiator..........................................................237
6. Conference with City Attorney – Existing Litigation..........................................................238
7. Conference with City Attorney -- Existing Litigation..........................................................238
8. Conference with City Attorney -- Existing Litigation..........................................................238
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9. PUBLIC HEARING: The Palo Alto City Council will consider a Planned Community (PC) Zoning amendment and Environmental Impact Assessment applications by Winstar Communications to allow building-mounted telecommunication facilities subject to design approval by the Architectural Review Board. Winstar’s specific proposal would allow a telecommunications facility consisting of up to 50 dish-type antennas and associated equipment, attached to the roof-top of an existing 10-story, commercial-office building located at 3000 El Camino Real in the Palo Alto Square office park...........................................................238
10. PUBLIC HEARING: Assessments for University Avenue and California Avenue Parking Bonds Plan G - Fiscal Year 2000-2001..........................................................239
11. Finance Committee re Approval of Rate Structure and Rates to Finance Storm Drain Operations and the Next Phase of Storm Drainage Capital Improvements..........................................................240
12. Approval of an Ordinance Authorizing Mail Ballot for the Elections; Resolution Establishing Procedures for the Protest Hearing and Election Relating to a Proposed Increase in the Storm Drainage Fee; and Resolution Amending Utilities Rule and Regulation 25..........................................................244
13. Council Comments, Questions, and Announcements..........................................................245
ADJOURNMENT: The meeting adjourned at 8:10 p.m. to a Closed Session...........................................................245
FINAL ADJOURNMENT: The meeting adjourned at 9:00 p.m...........................................................246
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The City Council of the City of Palo Alto met on this date in the Council Conference Room at 6:10 p.m. PRESENT: Burch, Eakins, Fazzino (arrived at 6:30 p.m.), Kleinberg, Lytle (arrived at 6:35 p.m.), Mossar, Ojakian ABSENT: Beecham, Kniss SPECIAL MEETING 1. Study Session re Results of Phase One Work Associated with the Four Sites Under Consideration for a New Public Safety Building Staff briefly reviewed the need for a new facility as well as the process and the work that was completed over the last three years. The consultant then provided a list of pros and cons for each of the four short-listed sites including cost estimates, preliminary environmental assessments, fiscal impact analysis, and preliminary conceptual designs. The City Manager indicated that due to the significant cost estimates, that staff would be reconsidering the Downtown library site and extend the work in Phase 1 of the project by having the consultant complete some detailed analyses of that site. Additionally, staff would work with the consultant to further reduce the scope and costs of the project. Staff would return to Council with a Budget Amendment Ordinance to complete the added work. ORAL COMMUNICATIONS Ben Bailey, 600 Homer Avenue, spoke regarding the big beer bottle cap caper. ADJOURNMENT: The meeting adjourned at 6:50 p.m.
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Regular Meeting June 12, 2000 The City Council of the City of Palo Alto met on this date in the Council Conference Room at 7:00 p.m. PRESENT: Burch, Eakins, Fazzino, Kleinberg, Lytle, Mossar, Ojakian ABSENT: Beecham, Kniss SPECIAL ORDERS OF THE DAY 1. Appointment to Public Art Commission Council Member Mossar said an ad hoc committee was appointed by the Council to interview applicants for the Public Art Commission. The committee included Council Members Ojakian and Mossar and Vice Mayor Eakins and recommended the appointment of Barbara Mortkowitz, Brigid Barton, and Kathryn Dunlevie. FIRST ROUND OF VOTING FOR PUBLIC ART COMMISSION VOTING FOR BRIGID BARTON: Burch, Eakins, Fazzino, Kleinberg, Lytle, Mossar, Ojakian VOTING FOR KATHRYN DUNLEVIE: Burch, Eakins, Fazzino, Kleinberg, Lytle, Mossar, Ojakian VOTING FOR JUDY GITTLESOHN: VOTING FOR BARBARA MORTKOWITZ: Burch, Eakins, Fazzino, Kleinberg, Lytle, Mossar, Ojakian City Clerk Donna Rogers announced that Brigid Barton, Kathryn Dunlevie, and Barbara Mortkowitz received five votes and were appointed on the first ballot. Council Member Burch announced that a public forum sponsored by the Palo Alto Public Arts Commission would be held on Saturday, June 12, 2000, from 2 p.m. to 4 p.m., at the Palo Alto Arts Center Auditorium. ORAL COMMUNICATIONS Ben Bailey, 600 Homer Avenue, spoke regarding the 3-mph bicycle stop sign caper (#8 of 50) and the all new big beer bottle cap caper (a misdemeanor). Ed Power, 2254 Dartmouth Street, spoke regarding politics. George L. Vizvary, 753 Alma Street, #321, gave an update on the Santa Clara County Self-Help Center.
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APPROVAL OF MINUTES MOTION: Council Member Mossar moved, seconded by Burch, to approve the Minutes of April 17 and 24, 2000, as submitted. MOTION PASSED 7-0, Beecham, Kniss absent. CONSENT CALENDAR MOTION: Council Member Ojakian moved, seconded by Fazzino, to approve Consent Calendar Item Nos. 2-4. 2. Ordinance 1st Reading entitled “Ordinance of the Council of the City of Palo Alto Authorizing Traffic Enforcement on Private Roads and Parking Facilities within the Stanford Shopping Center and the Stanford West Apartments” 3. Request for Approval of the Stanford Shopping Center Supplemental Maintenance Agreement for Utilities and a Budget Amendment Ordinance for Wastewater Collection System Extension Ordinance 4640 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 $260,000 for Wastewater Collection Extension System Capital Improvement Project Number 8020” Amended and Restated Agreement Between the City of Palo Alto and the Board of Trustees of the Leland Stanford Junior University for Maintenance Responsibilities for Certain Electric, Water, Gas, Sanitary Sewer, and Storm Drain Facilities in the Stanford Shopping Center 4. Amendment No. 1 to Contract No. C9109355 between the City of Palo Alto and Flynn & Associates to Assist the City with Electric Regulatory Affairs, Increasing the Contract Amount by $25,000, Bringing the Total Amount to $355,000 Over Three Fiscal Years MOTION PASSED 6-0 for Item Nos. 2 and 3, Mossar “not participating,” Beecham, Kniss absent. MOTION PASSED 7-0 for Item No. 4, Beecham, Kniss absent. AGENDA CHANGES, ADDITIONS, AND DELETIONS Vice Mayor Eakins announced that Item Nos. 7 and 8 were withdrawn from the agenda at the request of staff. CLOSED SESSION
This item may occur during the recess or after the Regular Meeting. 5. Conference with Labor Negotiator
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Agency Negotiator: City Manager and his designees pursuant to the Merit System Rules and Regulations (Jay Rounds, Ruben Grijalva) Represented Employee Organization: International Association of Firefighters (IAFF), Local 1319 Authority: Government Code section 54957.6 6. Conference with City Attorney – Existing Litigation Subject: City of Palo Alto v. Service Employees International Union, local 715, (re: Danton Camm), and Camm v. City of Palo Alto, SCC #CV772633 and CV773215 Authority: Government Code Section 54956.9(a) 7. Conference with City Attorney -- Existing Litigation Subject: McGuire & Hester v. City of Palo Alto, SCC #CV785328 Authority: Government Code section 54956.9(a) 8. Conference with City Attorney -- Existing Litigation Subject: Jaim Nulman, Avelyn Welczer v. City of Palo Alto, SCC #CV779831 Authority: Government Code section 54956.9(a)
UNFINISHED BUSINESS 9. PUBLIC HEARING: The Palo Alto City Council will consider a Planned Community (PC) Zoning amendment and Environmental Impact Assessment applications by Winstar Communications to allow building-mounted telecommunication facilities subject to design approval by the Architectural Review Board. Winstar’s specific proposal would allow a telecommunications facility consisting of up to 50 dish-type antennas and associated equipment, attached to the roof-top of an existing 10-story, commercial-office building located at 3000 El Camino Real in the Palo Alto Square office park. The ARB recommended approval of Winstar’s design (File 99-ARB-127) at the April 6, 2000, meeting. Environmental Assessment: A Negative Declaration has been prepared in accordance with California Environmental Quality Act (CEQA) requirements. Zoning District: PC-2523 Council Member Mossar stated she would not participate due to a conflict. Senior Planner Luke Connolly said staff recommended approval of the project. The project went through the full Planning Commission amendment process. The public benefit findings were made prior to
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the current hearing and would be incorporated into the final ordinance for Council adoption. Architectural Review Board Member Lee Lippert said the project was unanimously approved by the Architectural Review Board (ARB). There would be no significant impact and would not be visible from adjacent roadways. Vice Mayor Eakins declared the Public Hearing open. Receiving no requests from the public to speak, she declared the Public Hearing closed. MOTION: Council Member Fazzino moved, seconded by Ojakian, to approve the staff, Architectural Review Board, and Planning Commission recommendations to adopt the Ordinance amending Planned Community (PC) Zoning District PC-2533 to allow building-mounted telecommunication facilities, and approve the Environmental Impact Assessment application (Attachment E) of the staff report (CMR:270:00) prepared for the project. Ordinance 1st Reading entitled “Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property at the Intersection of El Camino Real and Page Mill Road Known as 3000 El Camino Real (Palo Alto Square) From PC Planned Community 2533 to PC Planned Community.” MOTION PASSED 6-0, Mossar “not participating,” Beecham, Kniss absent. PUBLIC HEARINGS 10. PUBLIC HEARING: Assessments for University Avenue and California Avenue Parking Bonds Plan G - Fiscal Year 2000-2001 Vice Mayor Eakins said the City Engineer prepared and filed with the City Clerk a report that provided for the levying of special assessments within the parking assessment districts created and established for the projects and under the resolutions of intention. The report set forth the amounts of assessments proposed to be levied for the fiscal year 2000-01. The assessments would be used to pay principle and interest on the bonds issued in the various projects. The report has been open for public inspection. The purpose of the current hearing was to allow the Council to hear all persons having an interest in any real property within the parking assessment districts; to hear all objections, protests, or other written communications from any such interested persons; to take and receive oral and documentary evidence pertaining to matters contained in the filed report, to remedy and correct any error or informality in the report, and to amend, alter, modify and correct or confirm the report and each of the assessments therein. She asked whether the City Clerk received any written communications.
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City Clerk Donna Rogers said she had not received any written communications. Senior Engineer Jim Harrington drew the Council’s attention to the changes made in the staff report (CMR:271:00). Vice Mayor Eakins declared the Public Hearing open. Receiving no requests from the public to speak, she declared the Public Hearing closed. MOTION: Council Member Mossar moved, seconded by Kleinberg, to approve the staff recommendation to adopt the resolutions confirming the Engineer’s Report and Assessment Roll for: Resolution 7970 entitled “Resolution of the Council of the
City of Palo Alto Confirming Engineer=s Report and Assessment Roll, University Avenue Off-Street Parking Project No. 75-63 (For Fiscal Year 2000-2001)” Resolution 7971 entitled “Resolution of the Council of the
City of Palo Alto Confirming Engineer=s Report and Assessment Roll, University Avenue Parking Projects (Lot J Refunding and 250 University Avenue Acquisition) (For Fiscal Year 2000-2001)” Resolution 7972 entitled “Resolution of the Council of the
City of Palo Alto Confirming Engineer=s Report and Assessment Roll, California Avenue Keystone Lot Parking Project No. 86-01 (For Fiscal Year 2000-2001)” Resolution 7973 entitled “Resolution of the Council of the
City of Palo Alto Confirming Engineer=s Report and Assessment Roll, California Avenue Parking Project No. 92-13 (For Fiscal Year 2000-2001)” MOTION PASSED 7-0, Beecham, Kniss absent. REPORTS OF COMMITTEES AND COMMISSIONS 11. Finance Committee re Approval of Rate Structure and Rates to Finance Storm Drain Operations and the Next Phase of Storm Drainage Capital Improvements Council Member Mossar said the Finance Committee reviewed the item and felt strongly that an improved storm drainage program was of great value to the City. Many of the decisions and actions that the Council was asked to take at the current meeting were discussed in times past. She asked staff to review prior decisions made by the Council. Director of Public Works Glenn Roberts said the project had a history dating back to 1993. The most recent Council action occurred on March 2, 1999, when the Finance Committee reviewed the
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proposed storm drainage improvements and funding; on May 3, 1999, the Council directed staff to pursue property owner approval for a storm drainage fee increase to finance the improvements; on November 8, 1999, the Council approved the consultant contract to assist staff with a rate analysis, and public analysis, and public outreach and education. The contract funds came from the adopted 1999-00 Budget which utilized monies lent to the Storm Drain Fund from the General Fund. On April 5, 2000, the Finance Committee reviewed the rate analysis, and on June 5, 2000, the Council reviewed the Public Outreach Program. Those actions led staff to request Council authorization to go to election for the storm drainage rate increase. The upgrade to the storm drainage system was well documented and overdue. The existing system was 100 years old and in need of repair. Many areas of the City experienced chronic ponding due to insufficient drainage system capacity. In times of moderate rain, pipes filled because of the small size and water backed up into the street. Funding was needed to support the new and ongoing activities related to the San Francisquito Creek Joint Powers Authority (JPA). The program before the Council consisted of a $48 million capital improvement program to be implemented during a 30-year period on a pay-as-you-go basis. There would be no interest and finance charges, and the costs borne by the ratepayers would go directly into the improvements to be constructed. The improvements consisted of two pump stations, 15 miles of new storm drains, and 6 miles of pipeline repairs. City Manager Frank Benest said there were critical reasons to proceed. The General Fund would subsidize the Storm Drainage Fund by over $800,000 in Fiscal Year 2000-01. In order to remain at the base line program, the needed capital improvements would not be allowed to be made. The subsidy would grow if the rates were not increased and other needed services and improvements funded through the General Plan would not be allowed to proceed. Capital improvements and maintenance programs needed to move forward, from public safety, private property maintenance, and general community benefit points of view. Council Member Fazzino said he was concerned that the long-term program was necessary and was concerned about the money for the San Francisquito Creek liaison. The public looked askance when the Council led with a proposal for an additional staff person. There was such sensitivity in the community about the need for the JPA to move forward as quickly as possible. He and the public wanted to be assured that the Creek improvements remained the City’s priority, rather than a short-term plan to communicate with the public about the reasons why it would take a long time for the Creek improvements to become a reality. Mr. Benest said the City’s intention was to have a balanced approach in terms of short-term projects that could currently be done as well as working on expensive, long-term improvements or solutions to flooding problems and other Creek-related issues.
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Staff time was necessary to move things forward. The JPA effort, as well as related flooding issues, was at the top of the City’s agenda. The City had dedicated staff to ensure the major issues did not get lost in the shuffle. Council Member Mossar understood the $285,000 was the estimate for Palo Alto’s share of yearly administrative, short-term project costs that were shared between five agencies. An offer was made to an individual to be the Executive Director of the JPA. The City needed to pay its fair share of that person’s salary and benefits, as well as the fair share of costs related to the bank stabilization and revegetation program. Mr. Benest said staff costs were approximately $85,000. Council Member Fazzino said $200,000 for the ongoing maintenance and long-term improvement preparation cost was necessary. He was troubled by the use of the word “liaison.” He wanted to make sure the individual was part of a management plan, that is, short-term maintenance and long-term capital improvements. Mr. Benest said the costs of the program would be covered with the storm drainage rate as outlined using the timetable that would be placed before the voters. Council Member Mossar said during the Study Session, Pria Graves raised the issue about flooding problems in College Terrace. She understood that College Terrace problems would be addressed. Mr. Roberts said the main problem in the College Terrace area was not the City’s storm drainage system, but was the Stanford drainage channel which was an open drainage channel under the Santa Clara Valley Water District’s jurisdiction. The City would work with the Water District to get included in their program. Council Member Ojakian said the storm drainage system was a capital asset. He asked what was the typical useful life of a storm drainage system. Mr. Roberts said the typical life of a storm drainage system was 50 to 75 years. Concrete pipes were not subject to many corrosive materials. The City was beyond that point in many areas. Council Member Kleinberg said one of the overheads indicated that substantial dollars would be saved. She asked whether that could be quantified. The information was important in terms of the City’s self-taxation. Mr. Roberts did not have a specific dollar figure. Over time, the cost improvements would go up as the rate of inflation increased. Compounding 5 percent per year during the past 15 years brought the City to 50 percent or more increases.
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Council Member Kleinberg clarified there was a general 5 percent per annum construction cost increase. Mr. Roberts said yes. The pipelines continued to deteriorate, and what might be possible to currently do in the area of limited repairs would expand and cost more money in the future. There were associated costs of deterioration of the street pavement. Council Member Lytle understood some of the worst-hit areas in the 1998 flood would not be beneficiaries of the improvements. She asked why ponding problems in the Carmel Drive, De Soto Drive, and Iris Way area would not be beneficiaries of the tax. Mr. Roberts said those areas would be beneficiaries of the tax. On one hand, the system and improvements would not be able to prevent the type of flooding that took place in 1998 when San Francisquito Creek overtopped its banks. For moderate storms where the Creek did not overtop its banks, the improvements would provide a significant benefit to the neighborhoods. Vice Mayor Eakins recalled severe ponding and a mixture of sewage and storm drain problems in the Evergreen Avenue area following the 1998 flood. She did not see any storm drain improvements for that area. Mr. Roberts said the area was tributary to the Loma Verde system which would be improved. MOTION: Council Member Mossar moved, seconded by Ojakian, to approve the Finance Committee recommendation: 1. The staff recommendation to pursue an expanded Storm Drainage Program including the following elements: a. an augmented maintenance, repair, and rehabilitation program, estimated at $480,000 annually; b. funding for San Francisquito Creek liaison work, studies, and minor repairs over the next ten years until a regional flood and erosion control solution can be found for the Creek, annual funding estimated at $285,000; c. an annual capital budget funded on a pay-as-you-go basis such that all critical and moderate Storm Drainage Master Plan priorities, totaling $48 million, to be completed in approximately 30 years. Critical priorities would address chronic, moderate to severe street and intersection ponding problems. Moderate priorities would address periodic, moderate street ponding problems. 2. Direct staff to begin the process for increasing the Storm Drainage fee to fund the recommended Program,
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requiring approval of a fee increase from the current monthly residential rate of $4.25 per Equivalent Residential Unit (ERU) to $9.00 in years 2001 and 2002, $10 in year 2003, and an increase of no more than the rate of inflation thereafter. The process for increasing the fee included a noticed protest hearing and a property owner election. 3. Return to Finance Committee and/or full Council with an elaborated approach for the Proposition 218 election. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER that Recommendation 1b) be changed as follows: funding for staffing needs associated with San Francisquito Creek maintenance and improvement plans, studies, and minor repairs over the next ten years until a regional flood and erosion control solution can be found for the Creek, annual funding estimated at $285,000. Council Member Ojakian said the project was important to the City. The Storm Drainage Fund was in terrible financial condition at essentially zero dollars and was subsidized by the General Fund. In the early 1990s when the former Council wanted to make improvements in the system or look at fee increases, the City ran into the issue of Proposition 218, which required an election to help fund projects of property-related matters. For those in the public who did not have an opportunity to see the report under Prop 18, a tiered system would be put in place that looked at the size of property and determined the actual dollar amounts that property owners would be charged. The problem with ponding in various sections in the City was a public safety issue. Getting the public behind the issue was extremely important. MOTION PASSED 7-0, Beecham, Kniss absent. RESOLUTIONS 12. Approval of an Ordinance Authorizing Mail Ballot for the Elections; Resolution Establishing Procedures for the Protest Hearing and Election Relating to a Proposed Increase in the Storm Drainage Fee; and Resolution Amending Utilities Rule and Regulation 25 City Manager Frank Benest recommended the Council take action on the ordinance and two resolutions. Council Member Lytle said elections by mail improved voter turnout. Vice Mayor Eakins asked whether the Prop 218 election, conducted by the City Clerk when she was in Brentwood, was by mail or polling place. City Clerk Donna Rogers said the election was by mail.
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Vice Mayor Eakins asked about the turnout. Ms. Rogers said the turnout was more than a normal election. MOTION: Council Member Mossar moved, seconded by Ojakian, to approve the staff recommendation to: 1) adopt an ordinance authorizing mail ballot elections; 2) adopt a resolution establishing procedures for the protest hearing and election relative to a proposed increase in the storm drainage fee; and 3) adopt a resolution amending Utility Rule and Regulation 25 to conform to Proposition 218. Ordinance 1st Reading entitled “Ordinance of the Council of the City of Palo Alto Adding Section 2.40.015 to Chapter 2.40 (Municipal Elections) of the Palo Alto Municipal Code to Authorize the Use of Mail Ballot Elections” Resolution 7974 entitled “Resolution of the Council of the City of Palo Alto Establishing Procedures for the Conduct of a Protest Hearing and Election Relating to a Proposed Storm Drain Utility Fee Increase” Resolution 7975 entitled “Resolution of the Council of the City of Palo Alto Approving and Adopting an Amendment to Rule and Regulation 25 Governing Storm Drainage Fees” MOTION PASSED 7-0, Beecham, Kniss absent. COUNCIL MATTERS 13. Council Comments, Questions, and Announcements Council Member Burch commended the new Boys and Girls Club facility in East Palo Alto. Vice Mayor Eakins announced she attended a ribbon cutting ceremony on June 10, 2000, and invited the public to the new trail in the Baylands. ADJOURNMENT: The meeting adjourned at 8:10 p.m. to a Closed Session. The City Council met in Closed Session to discuss matters involving Labor Negotiator as described in Agenda Item No. 5. Vice Mayor Eakins announced that no reportable action was taken on Agenda Item No. 5. The City Council met in Closed Session to discuss matters involving Existing Litigation as described in Agenda Item No. 6. 06/12/00 90-245
Vice Mayor Eakins announced that no reportable action was taken on Agenda Item No. 6. FINAL ADJOURNMENT: The meeting adjourned at 9:00 p.m. ATTEST: APPROVED:
City Clerk Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing Committee meeting tapes are made solely for the purpose of facilitating the preparation of the minutes of the meetings. City Council and Standing Committee meeting tapes are recycled 90 days from the date of the meeting. The tapes are available for members of the public to listen to during regular office hours.
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