HomeMy WebLinkAbout2008-09-08 City Council Summary Minutes
1 09/08/08
Regular Meeting
September 08, 2008
STUDY SESSION...................................................................................4
1. Study Session on a 35-Unit Affordable Housing Project Located at 488
W. Charleston Road.......................................................................4
SPECIAL ORDERS OF THE DAY................................................................5
2. Proclamation in Celebration of the 50th Anniversary of the Eichler Swim
and Tennis Club............................................................................5
ORAL COMMUNICATIONS.......................................................................5
APPROVAL OF MINUTES .........................................................................5
CONSENT CALENDAR.............................................................................6
3. Approval of a Storm Drain Enterprise Fund Contract With Casey
Construction Inc. in the Amount Not to Exceed $320,895 for Storm
Drain Rehabilitation and Replacement Project – Phase II, Capital
Improvement Program Project SD-06101. ........................................6
4. Approval of an Amendment to Contract No. S05110315 With Toter
Incorporated for One Additional Year and to Increase the
Compensation Amount by $75,000 for the Purchase of Additional Carts
for a Total Amount of $2,098,300. ..................................................6
5. Approval of a Three-Year Contract With All City Management Services
Inc. in the Amount Not to Exceed $319,366 Per Year for Crossing
Guard Services and Authorization for Additional Services Not to Exceed
$31,936 Per Year..........................................................................6
6. Finance Committee Recommendation to Preliminarily Approve 2007-08
Re-Appropriation Requests.............................................................6
7. Ordinance 5013 for the Fiscal Year 2008-09 to Provide an Additional
Appropriation of $751,325 to Capital Improvement Program (CIP) VR-
09/08/08 2
01001, Municipal Service Center Fuel Storage Tank Replacement and
Approval of a Contract With American Construction and Environmental
Services, Inc. in the Amount of $702,076 for Construction of the
Integrated Fueling Facility Compressed Natural Gas Fueling Area With
a Public Dispenser.........................................................................6
8. Approval of Amendment No. 1 to Refuse Enterprise Fund Contract No.
C06115396 with SCS Field Services in the Amount of $32,500 for a
total amount of $432,192 for Services Related to the Repair of Fire-
Damaged Landfill Gas and Leachate Collection System Components
and for Preventive Measures of Burying Landfill Gas Wellheads to
Prevent Fire Related Damage in the Case of Future Fires. ...................6
9. Ordinance 5014 for the Fiscal Year 2008-09 to Provide an Additional
Appropriation of $200,000 to Vehicle Replacement Fund, Capital
Improvement Program Project, VR-08000, Approval of a Purchase
Order With Peterson Tractor Company in an Amount Not to Exceed
$374,720 for the Purchase of Four Backhoe/Loaders and Approval of a
Purchase Order With Peterson Tractor Company in an Amount Not to
Exceed $249,497 for the Purchase of One Waste-Handling Wheel
Loader.........................................................................................7
PUBLIC HEARINGS ................................................................................7
10. TEFRA Hearing Regarding Conduit Financing for the Keys Family Day
School Project Located at 3981 El Camino Real and 2890 Middlefield
Road, Palo Alto, and Adoption of a Resolution Approving the Issuance
of Revenue Bonds by the California Municipal Finance Authority in an
Aggregate Principal Amount Not to Exceed $20,000,000 for the
Purpose of Financing and/or Refinancing the Acquisition, Construction,
Improvement and Equipping of Educational Facilities for the Keys
Family Day School. .......................................................................7
REPORTS OF OFFICIALS.........................................................................7
11. Adoption of an Ordinance stating “Ordinance of the Council of the City
of Palo Alto Adding Chapter 16.18 of Title 16 of the Palo Alto Municipal
Code Establishing Local Energy Efficiency Standards for Certain
Buildings and Improvements Covered by the 2005 California Energy
Code”..........................................................................................7
COUNCIL MATTERS ...............................................................................11
12. Approval of a City Auditor Employment Agreement with Lynda Flores
Brouchoud. ..................................................................................11
09/08/08 3
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES ......12
ADJOURNMENT: The meeting adjourned at 9:50 p.m. ...............................13
09/08/08 4
The City Council of the City of Palo Alto met on this date in the Council
Conference Room at 7:05 p.m.
Present: Barton arrived at 9:00 p.m., Burt, Drekmeier, Espinosa, Kishimoto,
Klein, Morton, Schmid, Yeh
Absent:
STUDY SESSION
Mayor Klein advised that Council Member Barton would not be participating
in the Study Session due to the project being within 500 feet of his
residence.
1. Study Session on a 35-Unit Affordable Housing Project Located at 488
W. Charleston Road.
Interim Director of Planning and Community Environment, Curtis Williams,
presented a summary of the City’s affordable housing needs and the
project’s benefits. The project architect, Mike Pyatok, presented the site
conditions, development opportunities, and development proposal, as well as
a summary of the project’s challenges and financing. City Council Members
expressed support for affordable housing at that location and interest in
further information on the design, public outreach, and potential exceptions.
Members of the public who spoke at the meeting expressed positive and
negative comments on numerous items including the proposed height,
parking, and selection of eligible residents. Staff indicated that the next
steps included an Architectural Review Board preliminary review on
September 18, 2008 and a Planning & Transportation Commission review on
October 29, 2008.
No action required.
Becky Epstein, 256 Edlee Avenue, spoke on the proposed development,
overflow parking and safety of the school corridor.
George Thompson, 4173 El Camino Real, requested restarting the process
with further documentation and did not support low-income housing.
Ellen Hartog, 330 Victoria Place, spoke against the project’s destruction of
current buildings, transportation, parking and the neighborhood’s future.
Ilana Gordon, 4173 El Camino Real #33, spoke regarding the low-income
housing screening processes and property value concerns.
09/08/08 5
Kuki Patel, 4173 El Camino Real #6, spoke on proposed housing
overshadowing the current single-family housing units.
Jeff Rensch, 741 Chimalus Drive, spoke in support of the project, on trees
and solar panels, the need for less parking spaces and more public transit
usage.
Mojdeh Marashi, 4173 El Camino Real #41, spoke on the project, the need
for more information on parking, traffic, and housing occupancy numbers.
Herb Borock, P.O. Box 632, spoke on the Zoning Ordinance and preliminary
review of projects and the lack of prior notice for meetings on the project.
Roger Kohler, 4291 Wilkie Way, spoke on the project and was against more
housing near the single-family homes.
Jean Olmsted, 240 W. Charleston, stated her support for the project.
Robert Moss, 4010 Orme Street, spoke on the project and the Zoning
Ordinances. He noted concessions to codes, parking problems, and traffic.
Aaron Nichols, 4173 El Camino Real #5, stated concerns over not receiving
adequate information, traffic issues, and the number of children in the new
units.
SPECIAL ORDERS OF THE DAY
2. Proclamation in Celebration of the 50th Anniversary of the Eichler Swim
and Tennis Club.
ORAL COMMUNICATIONS
Alison Cormack, 3487 Ross Road, spoke and endorsed the library campaign.
Arthur Keller, 3881 Corina Way, spoke on high school bus transportation for
Gunn High School and the reduction of cars in transit.
Robert Moss, 4010 Orme Street, spoke on Hangar 1 and suggested coating
the building’s toxins in an effort to reuse the building versus tearing it down.
APPROVAL OF MINUTES
MOTION: Council Member Barton moved, seconded by Council Member
Kishimoto to approve the minutes of June 9 as corrected, June 16, 23 and
July 7, 2008.
09/08/08 6
MOTION PASSED: 9-0
CONSENT CALENDAR
MOTION: Council Member Morton moved, seconded by Council Member
Espinosa to approve Consent Calendar Item Nos. 3-9.
3. Approval of a Storm Drain Enterprise Fund Contract With Casey
Construction Inc. in the Amount Not to Exceed $320,895 for Storm
Drain Rehabilitation and Replacement Project – Phase II, Capital
Improvement Program Project SD-06101.
4. Approval of an Amendment to Contract No. S05110315 With Toter
Incorporated for One Additional Year and to Increase the
Compensation Amount by $75,000 for the Purchase of Additional Carts
for a Total Amount of $2,098,300.
5. Approval of a Three-Year Contract With All City Management Services
Inc. in the Amount Not to Exceed $319,366 Per Year for Crossing
Guard Services and Authorization for Additional Services Not to Exceed
$31,936 Per Year.
6. Finance Committee Recommendation to Preliminarily Approve 2007-08
Re-Appropriation Requests.
7. Ordinance 5013 for the Fiscal Year 2008-09 to Provide an Additional
Appropriation of $751,325 to Capital Improvement Program (CIP) VR-
01001, Municipal Service Center Fuel Storage Tank Replacement and
Approval of a Contract With American Construction and Environmental
Services, Inc. in the Amount of $702,076 for Construction of the
Integrated Fueling Facility Compressed Natural Gas Fueling Area With
a Public Dispenser.
8. Approval of Amendment No. 1 to Refuse Enterprise Fund Contract No.
C06115396 with SCS Field Services in the Amount of $32,500 for a
total amount of $432,192 for Services Related to the Repair of Fire-
Damaged Landfill Gas and Leachate Collection System Components
and for Preventive Measures of Burying Landfill Gas Wellheads to
Prevent Fire Related Damage in the Case of Future Fires.
09/08/08 7
9. Ordinance 5014 for the Fiscal Year 2008-09 to Provide an Additional
Appropriation of $200,000 to Vehicle Replacement Fund, Capital
Improvement Program Project, VR-08000, Approval of a Purchase
Order With Peterson Tractor Company in an Amount Not to Exceed
$374,720 for the Purchase of Four Backhoe/Loaders and Approval of a
Purchase Order With Peterson Tractor Company in an Amount Not to
Exceed $249,497 for the Purchase of One Waste-Handling Wheel
Loader.
MOTION PASSED: 9-0
PUBLIC HEARINGS
10. TEFRA Hearing Regarding Conduit Financing for the Keys Family Day
School Project Located at 3981 El Camino Real and 2890 Middlefield
Road, Palo Alto, and Adoption of a Resolution Approving the Issuance
of Revenue Bonds by the California Municipal Finance Authority in an
Aggregate Principal Amount Not to Exceed $20,000,000 for the
Purpose of Financing and/or Refinancing the Acquisition, Construction,
Improvement and Equipping of Educational Facilities for the Keys
Family Day School.
Deputy Director of Administrative Services, Joe Saccio stated this was the 4th
TEFRA hearing for the City. This hearing was for the Keys Family Day School
for issuance of bonds for financing.
Council Member Morton reiterated the bonds were done as a courtesy with
the City in no way taking financial responsibility.
Public Hearing opened and closed at 9:17 p.m. without public comment.
MOTION: Mayor Klein moved, seconded by Council Member Barton to
adopt a Resolution approving the issuance of the bonds by the California
Municipal Finance Authority (CMFA) for the benefit of Keys Family Day
School in financing Keys Family Day School.
MOTION PASSED: 9-0
REPORTS OF OFFICIALS
11. Adoption of an Ordinance stating “Ordinance of the Council of the City
of Palo Alto Adding Chapter 16.18 of Title 16 of the Palo Alto Municipal
Code Establishing Local Energy Efficiency Standards for Certain
Buildings and Improvements Covered by the 2005 California Energy
Code”.
09/08/08 8
Chief Building Official, Larry Perlin stated the Ordinance would enact local
amendments to the State’s 2005 Energy Efficiency Standards (California
Energy Code) adopted November 2007 consistent with Green Building
Regulations. He discussed the two rating systems (the US Green Building
Council for Commercial Projects and the Green Point Rating System). He
stated both systems required energy efficiency for new construction which
exceeded requirements for the California Energy Code, with the Ordinance
proposing local amendments, increased energy efficiency, and requiring new
construction to be 14 percent and residential at 15 percent more efficient
than State standards. These amendments were supported by a cost
effectiveness study included in the report. He listed the steps for Ordinance
approval which included a return to Council for final adoption before it was
filed with the California Building Standards Commission with findings of fact.
City Attorney Gary Baum stated the City’s approval of the Ordinance would
provide additional legal basis for what was currently in place. He stated
changes would be made to the California Energy Code that allowed for a
second level of authority for the amendments to the Energy Code. Passage
of the changes would assist in compliance with Council’s current policies.
Council Member Kishimoto asked if the 2008 California Energy Code would
be out on time and how close it would match the City’s standards.
Mr. Perlin stated the Code was updated every three years, with the 2008
Code having been released to go into effect on July 1, 2009. He stated
there had been a ramping up of efficiency requirements far beyond the 2005
Code.
Council Member Schmid asked if different climate areas within the city, those
with lower temperatures for instance, would qualify for further incentives in
their unique circumstances.
Mr. Perlin stated the Code was applied statewide, to the 16 climate zones,
with the City being Zone 4. He stated there were no sub-climate
segregations.
Council Member Schmid asked about realistic alternatives to air conditioning.
Mr. Perlin stated it was greener to forgo air conditioning by building a home
with more open elements.
09/08/08 9
Mike Gabel, Gabel Associates, LLC, stated Energy Codes were structured to
address the need for cooling with building designs put through a computer
simulation. He stated a reduction in cooling loads below what they would be
in a standard design would result in credits within the structure. He further
stated all building proposals were put through the simulation with the State’s
rules, and then given incentives for cooling load reductions. The monitoring
of the effectiveness of designs with passive solar cooling and innovative
methods was built into the system they had used for years.
Council Member Schmid asked for reports of examples after the first year.
Mr. Gabel stated that if the Building Department received permit submittals
with enough interest there could be further discussions on what to look at
specifically, and this would all be on the second pass, in compliance with the
2009 implementation.
Council Member Burt asked about returns on investments cash. He stated
the staff had not prepared an official return on investments.
Mr. Gabel stated they did not look at the cost of borrowing money,
specifically, due to mitigating factors in being optimistic about return on
investments. He cited global warming predictions to be one fluctuating
factor that affects cooling loads, which may not be exact to the computer
models. He stated he had a spreadsheet, but felt it was cleaner to look at
the payback aspects without incorporating financial borrowing criteria.
Council Member Burt stated this was consistent with differentiating between
payback calculations and returns on investment, and asked if cash flow
analysis and paybacks were a return of cash investments.
Mr. Gabel stated it was the first incremental cost for the Ordinance to go
beyond State code, divided by the annual utility savings, without any
additional cost being added and was a cash investment.
Council Member Burt stated there was a strong case for a neutral or positive
cash flow impact on a homeowner and this should be stressed.
Mr. Gabel stated single family and nonresidential buildings would have very
fast paybacks.
Council Member Burt asked if they were conservative in terms of the cost of
utilities with no change of utility rates in constant dollars over time.
Mr. Gabel stated that was correct.
09/08/08 10
Council Member Burt asked if the Utilities Department had projected costs
going forward. He stated there was value in looking at what the return would
be based upon the projected cost rather than the current. He noted merit in
being conservative in projections, but that a wider range in the stated
paybacks would present a more compelling case.
Mr. Gabel stated conservative numbers were used due to pushbacks in some
areas.
Council Member Yeh asked how the City’s 15 percent threshold of greater
efficiency lined up with the other 11 jurisdictions.
Mr. Gabel stated everyone was following the 15 percent threshold, excluding
Santa Barbara at 20 percent due to their heating needs, with the City
ramping up in their climate zone which could result in a bump in efficiency.
He stated he had consulted Build It Green in deciding on the 15 percent.
Council Member Yeh asked how submission of the Gabel Report would be
implemented and whether or not it would take three months.
Mr. Gabel stated three months was conservative and Council might expect
approval in two months.
City Manager James Keene stated this was more about the impact on how to
support everything concurrent with working through the process.
Council Member Yeh stated he understood the timeframes and processes,
and stressed the importance of making sure there was sufficient time for the
City to be in position with sufficient resources.
Mayor Klein stated he understood the approval of the Ordinance as legal
backup. He stated the items were already in effect, and when this returns to
Council, nothing will have changed.
Mr. Perlin stated concurrent to the Ordinance’s review process, staff would
proceed with training and outreach for implementation of the Green Building
Ordinance. He reiterated this as not being a change in requirements of the
Ordinance or the Energy Code, but that it was bringing the Code in synch
with the Green Building Ordinance.
09/08/08 11
MOTION: Vice Mayor Drekmeier moved, seconded by Council Member
Morton to accept Staff’s recommendation to adopt the Ordinance adding a
new Chapter 16.18 (Local Energy Efficiency Standards for Certain Buildings
and Improvement Covered by the 2005 California Energy Code) to the Palo
Alto Municipal Code.
MOTION PASSED: 9-0
COUNCIL MATTERS
12. Approval of a City Auditor Employment Agreement with Lynda Flores
Brouchoud.
Council Member Barton specified this as an employment agreement
consistent with the approved term sheet discussed prior to Council’s break,
that it contained the contract changes of July 2008.
MOTION: Council Member Barton moved, seconded by Mayor Klein to
approve the City Auditor Employment Agreement with Council Appointed
Officer (CAO) Lynda Flores Brouchoud.
Vice Mayor Drekmeier thanked Council Member Barton for his efforts on this
recruitment.
Council Member Kishimoto asked if the wording of car allowances could be
changed to transportation allowances.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER change Clause 5.2 to read “Auditor shall receive a
City transportation allowance as allowed in the Management and Professional
Personnel and Council Appointees Compensation Plan because her duties
require exclusive and unrestricted use of an automobile. The Auditor may
also use the transportation expense allowance for alternate means of
transportation necessary and useful for the exercise of her duties”.
Mayor Klein asked whether the same language could be used as in the City
Manager’s agreement.
City Attorney Gary Baum stated the City Manager’s agreement included
multiple and specific clauses.
Mayor Klein suggested using just the one sentence referring to
transportation.
09/08/08 12
Mr. Baum stated he would re-execute the City Auditor agreement for re-
signing.
MOTION PASSED: 9-0
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Council Member Morton asked if a previously Tabled Motion from the Human
Relations Commission on Immigration and Customs Enforcement (ICE) and
Homeland Security measures could be re-agendized for discussion.
MOTION: Council Member Morton moved, seconded by Vice Mayor
Drekmeier to agendize the discussion of the Human Relations Commission
recommendation with respect to Homeland Security ICE Raids with
implementing measures of immigration and national security.
Council Member Kishimoto asked for clarification.
Council Member Morton stated the Human Relations Commission asked the
Council to consider the City’s position on implementing measures of
Homeland Security and illegal aliens and what the City would do in response
to the raids.
Council Member Barton stated the item was not related to Homeland
Security but to immigration and naturalization services.
Vice Mayor Drekmeier stated it came via the Human Relations Commission,
passed through the Policy & Services Committee, came to the full Council,
and was Tabled prior to the new Council Members coming on.
City Attorney Gary Baum asked for clarification and stated he would bring
back the City Manager’s report with the exact Resolution from that time.
MOTION PASSED: 6-3 Barton, Kishimoto, Klein no
Council Member Yeh reported that the Northern California Power Agency
(NCPA) appointed the Palo Alto NCPA Commissioner to the NCPA Finance
Committee.
Council Member Espinosa advised that every two years Palo Alto hosted the
community fundraiser for the Palo Alto Recreation Foundation and Partners
in Education. He acknowledged Belle Griffiths, David Goldman, and Hazel
Watson for their hard work on the upcoming Black and White Ball fundraiser.
He encouraged everyone to visit www.thepaloaltoblackandwhiteball.org
website.
09/08/08 13
Council Member Kishimoto advised that she would be attending the
Metropolitan Transportation Commission meeting on Wednesday, September
10, 2008, to ask them not to divert 91 million dollars from the BART Rail
project. She also spoke about Santa Clara County Measure B coming up on
the November Election.
ADJOURNMENT: The meeting adjourned at 9:50 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
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