HomeMy WebLinkAbout2000-06-26 City Council Summary Minutes
Special Meeting June 26, 2000
1. Study Session re Utilities Strategic Planning Process Report..........................................................268
ADJOURNMENT: The meeting adjourned at 7:00 p.m...........................................................268
2. Selection of Candidates to be Interviewed for Planning and Transportation Commission..........................................................269
3. Appointments to Utilities Advisory Commission..........................................................270
3. Resolution of the City of Palo Alto Expressing Appreciation to Larry Starr Upon His Retirement..........................................................271
4. Proclamation Honoring Palo Alto Hardware for Green Business Award..........................................................271
ORAL COMMUNICATIONS..........................................................272
5. Ordinance 4642 entitled “Ordinance of the Council of the City of Palo Alto Setting Forth Technical Amendments to the Palo Alto Municipal Code”
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..........................................................273
6. Ordinance 4643 entitled “Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to Mitchell Park”..........................................................273
7. Ordinance 4644 entitled “Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to Bol Park”..........................................................273
8. Ordinance 4645 entitled “Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to Eleanor Park”..........................................................273
9. Ordinance 4646 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 “..........................................................273
10. Ordinance 4647 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”..........................................................273
11. Ordinance 4648 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”..........................................................274
12. Ordinance 4649 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1999-00 to Accept Various Donations and to Provide an Additional Appropriation for the Community Services Department of $14,000”..........................................................274
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13. Resolution 7982 entitled “Resolution of the Council of the City of Palo Alto Amending Utility Rate Schedules G-2, G-3, G-4 and G-7 of the City of Palo Alto Utilities Rates and Charges Pertaining to Commercial Core, Commercial Noncore, and Large Commercial Core Gas Service and Large Commercial Noncore Gas Transportation Service”..........................................................274
14. Amendment No. 9 to Contract S3036240 Between the City of Palo Alto and Geodesy in the Amount of $140,000 for Development Support of New Computer Applications Linked to the Geographic Information System (GIS)..........................................................274
15. Amendment Extending Agreement Between the City of Palo Alto and Los Altos, Los Altos Hills, and Mountain View for Emergency Animal Control and Sheltering Services from July 1, 2000, to September 30, 2000..........................................................274
16. Agreement Between the City of Palo Alto and Kennedy Jenks Consultants in the Amount of $60,000 for Services Associated with Minor or Emergency Repair Projects at the Water Quality Control Plant..........................................................274
17. Rejection of All Bids Received for the Award of Contract for the Acquisition of Personal Computers, Peripheral Devices, and Related Services..........................................................274
18. Contract Between the City of Palo Alto and Power Engineering Contractors, Inc. in the Amount of $254,920 for the Reservoir Utility Access Road and Site Maintenance..........................................................274
19. Contract Between the City of Palo Alto and Underground Construction Co., Inc. in the Amount of $717,925 for 2000-2001 Utility Trench and Substructure Installation..........................................................274
20. Contract Between the City of Palo Alto and DHR Construction in the Amount of $87,304 for Cement Cart Path Installation at the Municipal Golf Course
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..........................................................275
21. Conference with Labor Negotiator..........................................................275
22. Consideration and possible action on, including approval of, a Cable Television Franchise Agreement Between the City of Palo Alto on Behalf of the Joint Powers and TCI Cablevision of California, Inc. dba AT&T Broadband and an agreement with the Silicon Valley Community Communications, Inc. Concerning Facilities, Equipment and Other Support for the Mid-Peninsula Access Corporation..........................................................275
23. Resolution of the Council of the City of Palo Alto Consenting, Subject to Certain Conditions, to the Transfer and Assignment of the Cable Television Franchise Agreement and the Cable System Held by Cable Communications Cooperative of Palo Alto, Inc., to TCI Cablevision of California, Inc. dba AT&T Broadband, a Wholly-Owned Indirect Subsidiary of AT&T Corporation..........................................................276
24. Mayor Kniss re Cancellation of July 3, 2000, Council Meetin..........................................................277
ADJOURNMENT: The meeting adjourned at 8:15 p.m. to a Closed Session...........................................................277
FINAL ADJOURNMENT: The meeting adjourned at 9:15 p.m..........................................................277
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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: Beecham, Burch (arrived at 6:25 p.m.), Eakins, Kleinberg, Lytle, Mossar, Ojakian ABSENT: Fazzino, Kniss SPECIAL MEETING 1. Study Session re Utilities Strategic Planning Process Report Director of Utilities John Ulrich presented the Utilities Department Draft Strategic Plan to the City Council. The plan contained a mission statement, supporting objectives, strategies, and major action items. Comments from Council Members were received and would be addressed in the final strategic plan. ADJOURNMENT: The meeting adjourned at 7:00 p.m.
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Regular Meeting June 26, 2000 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:10 p.m.
PRESENT: Beecham, Burch, Eakins, Kleinberg, Kniss, Lytle, Mossar, Ojakian
ABSENT: Fazzino SPECIAL ORDERS OF THE DAY 1. Selection of Candidates to be Interviewed for Planning and Transportation Commission MOTION: Council Member Burch moved, seconded by Lytle, not to interview any of the candidates because there were two incumbents applying for the seats. He recommended Pat Burt and Owen Byrd be appointed. Vice Mayor Eakins opposed the motion because there were candidates unknown to the Council, and the Council should listen to everybody who expressed interest. Council Member Kleinberg opposed the motion because it was discouraging for people applying for positions if the Council would not give them a fair chance to persuade the Council in their competency. Council Member Ojakian opposed the motion for similar reasons as already stated. It gave new candidates a chance to express their views, which would give the Council a chance to know and evaluate them. SUBSTITUTE MOTION: Council Member Ojakian moved to interview only the nonincumbents. SUBSTITUTE MOTION FAILED DUE TO LACK OF A SECOND Council Member Beecham supported the motion. He said although spending time interviewing candidates let the Council know a candidate a little better, he felt there were other ways to get to know people. He offered to sit down and discuss issues with people any time during the year rather than meeting with a candidate for a 15-minute interview. Mayor Kniss opposed the motion because she learned a great deal during the interviews, and she felt applicants should be heard by the Council. The interview was an opportunity to address the Council all at the same time. The Planning and Transportation 06/26/00
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Commission (PTC) was important because PTC members often went on to be Council Members. Planning and Transportation issues were extremely important. MOTION WITHDRAWN WITH THE CONSENT OF THE MAKER AND SECONDER City Clerk Donna Rogers announced that Patrick Burt, Owen Byrd, Yoriko Kishimoto, Khosrow Panahi, and Donald Stone received four or more votes and would be interviewed on a date to be determined by the Council. 2. Appointments to Utilities Advisory Commission Margaret Cooley, 830 University Avenue, said she was familiar with the Utilities Advisory Commission (UAC), and she felt the UAC should be well versed in issues regarding technology and telecommunications. She was concerned that the allies on the UAC had either decided not to continue, moved away from the area, or were not reappointed. There was no one currently appointed to the UAC whom she felt confident would be able to advise on those types of issues. She asked the Council, when interviewing, to make sure the candidates selected had the appropriate expertise in the areas of technology and telecommunications. John Easter, 1175 Stanley Way, was surprised the Council took action to interview for the PTC. He was concerned that the Council moved ahead with three nominees for the UAC without interviews. He echoed Ms. Cooley comments about the UAC. The only issue he was interested in was Fiber to the Home. Ms. Cooley’s comments pointed out that the Council sent everything through the UAC relating to anything the Utilities Department handled, so there needed to be some expertise at that level, specifically the Request for Proposal (RFP) related to hooking up to the Fiber Net. He referred to a comment from Mayor Kniss that the traditional way of becoming a Council Member was by first becoming a board or commission member. He felt because the Council Members picked the board or commission members, they were in essence grooming their replacements. The new City Manager Frank Benest wanted to open up communications in the City, and he wanted to know what kind of message was being given if the Council did not want to hold interviews for the various commissions. He encouraged the Council to withhold any specific appointments to the UAC and to interview the candidates. He was opposed to two of the candidates applying for the UAC due to their opposition to Fiber to the Home. FIRST ROUND OF VOTING VOTING FOR RONALD ANDREWS:
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VOTING FOR DEXTER DAWS: Beecham, Burch, Eakins, Kleinberg, Kniss, Lytle, Mossar, Ojakian VOTING FOR JOAO DELGADO: VOTING FOR RICHARD FERGUSON: Beecham, Burch, Eakins, Kleinberg, Kniss, Lytle, Mossar, Ojakian VOTING FOR DICK ROSENBAUM: Beecham, Burch, Eakins, Kleinberg, Kniss, Lytle, Mossar, Ojakian VOTING FOR ROBERT SHELTON: VOTING FOR HARRY VERTELNEY: City Clerk Donna Rogers announced that Dexter Dawes, Richard Ferguson, and Dick Rosenbaum received five or more votes and were appointed on the first ballot. 3. Resolution of the City of Palo Alto Expressing Appreciation to Larry Starr Upon His Retirement MOTION: Council Member Kleinberg moved, seconded by Ojakian, to adopt the resolution. Resolution 7981 entitled “Resolution of the City of Palo Alto Expressing Appreciation to Larry Starr Upon His Retirement” MOTION PASSED 8-0, Fazzino absent. 4. Proclamation Honoring Palo Alto Hardware for Green Business Award Mayor Kniss presented the proclamation to Larry Hassett. Environmental Protection Coordinator Dan Firth recognized Larry Hassett’s efforts in Green Business. Carol Berg, Program Manager for Santa Clara County Green Business Program, thanked Council Member Mossar and the Council for supporting the program. She was impressed with Mr. Hassett’s environmental leadership, commitment to continuous environmental improvement, and participation in the County’s program. Council Member Mossar said she worked for many years on issues of pollution prevention relating to air and water quality. Mr. Hassett had a willingness to participate and try out new ideas. He was out in the forefront, setting an example for not only the citizens of
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Palo Alto and the County, but also reaching out through his business network to help other business owners understand how they too could provide model environmental citizenship. She was grateful for his leadership. Council Member Ojakian thanked Mr. Hassett. Undoubtedly, he would be the first to receive the award because he was so active in the community in many ways. He was grateful for all the help Mr. Hassett provided Palo Alto. Council Member Burch congratulated Mr. Hassett. He appreciated his participation as a citizen of Palo Alto and being on the forefront of moving Palo Alto into a green and sustainable city. Mayor Kniss congratulated Mr. Hassett on a job well done. Larry Hassett, owner of Palo Alto Hardware, thanked the Council for its kind words of praise. He enjoyed participating with the community and City staff and only did what he felt was right. No action required. ORAL COMMUNICATIONS Dr. Nancy Jewell Cross, 1327 Kruger Avenue, Fremont, spoke regarding transportation. Ben Bailey, 600 Homer Avenue, spoke regarding Palo Alto piddlecops strike again. Duf Sundheim, 1920 Barbara Drive, spoke regarding amending the Charter to reduce the number of Council Members. Shelby Valentine, 3116 Stelling Drive, spoke regarding amending the Charter to reduce the number of Council Members. MOTION: Council Member Beecham moved, seconded by Burch, to agendize discussion of Council Size Reduction. MOTION PASSED 5-3, Kleinberg, Mossar, Ojakian “no,” Fazzino absent. Mayor Kniss asked when the item might be agendized. City Manager Frank Benest said the item would had to be agendized fairly quickly if the Council wished to place a Charter Amendment to the voters. He would work with the City Attorney and City Clerk and provide the Council with a timetable. Mayor Kniss asked what that timeframe might be.
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City Clerk Donna Rogers said the regular Council meeting of August 7, 2000, would be the last date for the Council to take any action to consolidate with the County. August 11, 2000. City Attorney Ariel Calonne said August 7, 2000, was the date action needed to be taken, but the Council should discuss the item on July 17 or 24, 2000. Joe Webb, 248 Huckleberry Trail, Woodside, spoke regarding the City Attorney. CONSENT CALENDAR MOTION: Vice Mayor Eakins moved, seconded by Ojakian, to approve Consent Calendar Item Nos. 5-20. Council Member Mossar noted she would not participate in Item Nos. 9 and 11 due to a conflict of interest. 5. Ordinance 4642 entitled “Ordinance of the Council of the City of Palo Alto Setting Forth Technical Amendments to the Palo Alto Municipal Code”(1st Reading 6/05/00, PASSED 8-0, Fazzino absent) 6. Ordinance 4643 entitled “Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to Mitchell Park” (1st Reading 6/05/00, PASSED 8-0, Fazzino absent) 7. Ordinance 4644 entitled “Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to Bol Park”(1st Reading 6/05/00, PASSED 8-0, Fazzino absent) 8. Ordinance 4645 entitled “Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to Eleanor Park” (1st Reading 6/05/00, PASSED 8-0, Fazzino absent) 9. Ordinance 4646 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 “ (1st Reading 6/12/00, PASSED 6-
0, Mossar “not participating,” Beecham, Kniss absent) 10. Ordinance 4647 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” (1st Reading 6/12/00, PASSED 7-0, Beecham, Kniss absent)
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11. Ordinance 4648 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” (1st Reading
6/12/00, PASSED 6-0, Mossar “not participating,” Beecham, Kniss absent) 12. Ordinance 4649 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1999-00 to Accept Various Donations and to Provide an Additional Appropriation for the Community Services Department of $14,000” 13. Resolution 7982 entitled “Resolution of the Council of the City of Palo Alto Amending Utility Rate Schedules G-2, G-3, G-4 and G-7 of the City of Palo Alto Utilities Rates and Charges Pertaining to Commercial Core, Commercial Noncore, and Large Commercial Core Gas Service and Large Commercial Noncore Gas Transportation Service” 14. Amendment No. 9 to Contract S3036240 Between the City of Palo Alto and Geodesy in the Amount of $140,000 for Development Support of New Computer Applications Linked to the Geographic Information System (GIS) 15. Amendment Extending Agreement Between the City of Palo Alto and Los Altos, Los Altos Hills, and Mountain View for Emergency Animal Control and Sheltering Services from July 1, 2000, to September 30, 2000. 16. Agreement Between the City of Palo Alto and Kennedy Jenks Consultants in the Amount of $60,000 for Services Associated with Minor or Emergency Repair Projects at the Water Quality Control Plant 17. Rejection of All Bids Received for the Award of Contract for the Acquisition of Personal Computers, Peripheral Devices, and Related Services 18. Contract Between the City of Palo Alto and Power Engineering Contractors, Inc. in the Amount of $254,920 for the Reservoir Utility Access Road and Site Maintenance Project 19. Contract Between the City of Palo Alto and Underground Construction Co., Inc. in the Amount of $717,925 for 2000-2001 Utility Trench and Substructure Installation
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20. Contract Between the City of Palo Alto and DHR Construction in the Amount of $87,304 for Cement Cart Path Installation at the Municipal Golf Course MOTION PASSED 8-0 for Item Nos. 5-8, 10, and 12-13, Fazzino absent. MOTION PASSED 7-0 for Item Nos. 9 and 11, Mossar “not participating,” Fazzino absent. CLOSED SESSION
This item may occur during the recess or after the Regular Meeting. 21. Conference with Labor Negotiator Agency Negotiator: City Council Ad Hoc Personnel Committee (Sandy Eakins, Jim Burch, Bern Beecham & Liz Kniss) Unrepresented Employees: City Attorney Ariel Calonne, City Auditor Bill Vinson, City Clerk Donna Rogers, City Manager Authority: Government Code section 54957.6 PUBLIC HEARINGS 22. Consideration and possible action on, including approval of, a Cable Television Franchise Agreement Between the City of Palo Alto on Behalf of the Joint Powers and TCI Cablevision of California, Inc. dba AT&T Broadband and an agreement with the Silicon Valley Community Communications, Inc. Concerning Facilities, Equipment and Other Support for the Mid-Peninsula Access Corporation MOTION: Council Member Kleinberg moved, seconded by Eakins, to open the public hearing and continue Item Nos. 22 and 23 to the July 24, 2000, City Council meeting. Council Member Mossar would not participate in the item due to a conflict of interest. Administrative Services Director Carl Yeats said progress was made on negotiating a new franchise agreement with AT&T. As a result of that progress, all parties agreed to extend the deadline for approval of the transfer for the franchise from Cable Co-op to AT&T from June 26 until July 24, 2000. The key areas that remained to be determined included funding for public educational and governmental access and finalization of the concepts related to an institutional network. Council Member Burch appreciated the work City staff had done. He
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received hundreds of e-mails as a result. He also appreciated the editorials that ran in the Palo Alto Weekly that Jay Thorwaldson or Bill Johnson were behind and also the Palo Alto Daily News because they helped put forth all the issues. He felt the editorials as well as staff’s work helped level the understanding there was more involved than only the City holding up the franchise. Council Member Beecham thanked those involved. The action that evening was to open the public hearing, take no comment, and leave the hearing open until July 24, 2000. Hopefully, on July 24, 2000, the Council would have the final package as negotiated by the City. If the public had concerns, the Council would be in a situation of either accepting or rejecting the agreement. He spoke to Mr. Yeats who indicated if there were concerns by the Council at that point, the Council could continue to negotiate or discuss those points. His primary concern was whether or not there was a realistic vehicle for the public to discuss the agreement with the Council before it was sealed in concrete. Mr. Yeats said staff’s intention was to attempt to complete the process and get the franchise agreement into the Council packet as soon as possible to allow for adequate time for public review and comment. Council Member Burch asked where the City stood with the loan payments due to the bank by Cable Co-op. He understood the deadline was June 30, 2000. Mr. Yeats said the deadline was July 31, 2000. Council Member Kleinberg asked that whatever was brought back to the Council have some important provisions to protect the accessibility to facilities and resources for Mid-Peninsula Access Corporation. She was looking for some concrete reassurances and hoped that would be in the package when it returned to the Council. Mr. Yeats said it was staff’s intention to include an agreement that would provide for those provisions. MOTION PASSED 7-0, Mossar “not participating,” Fazzino absent. 23. Resolution of the Council of the City of Palo Alto Consenting, Subject to Certain Conditions, to the Transfer and Assignment of the Cable Television Franchise Agreement and the Cable System Held by Cable Communications Cooperative of Palo Alto, Inc., to TCI Cablevision of California, Inc. dba AT&T Broadband, a Wholly-Owned Indirect Subsidiary of AT&T Corporation
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Item continued. COUNCIL MATTERS 24. Mayor Kniss re Cancellation of July 3, 2000, Council Meeting MOTION: Council Member Burch moved, seconded by Lytle, to cancel the July 3, 2000, City Council meeting. MOTION PASSED 8-0, Fazzino absent. ADJOURNMENT: The meeting adjourned at 8:15 p.m. to a Closed Session. The City Council met in Closed Session to discuss matters involving Labor Negotiations as described in Agenda Item No. 21. Mayor Kniss announced that no reportable action was taken on Agenda Item No. 21. FINAL ADJOURNMENT: The meeting adjourned at 9:15 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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