HomeMy WebLinkAbout2009-05-04 City Council Summary Minutes
1 05/04/09
Special Meeting
May 4, 2009
STUDY SESSION...................................................................................3
1. Joint Study Session with the Utilities Advisory Commission Regarding
the New Water Supply Agreement Between the Members of the Bay
Area Water Supply Conservation Agency (BAWSCA) and the San
Francisco Public Utilities Commission. ..............................................3
CITY MANAGER COMMENTS....................................................................3
ORAL COMMUNICATIONS.......................................................................4
APPROVAL OF MINUTES .........................................................................4
CONSENT CALENDAR.............................................................................4
2. Preliminary Approval of the Report of the Advisory Board for Fiscal
Year 2009-10 in Connection with the Palo Alto Downtown Business
Improvement District and Adoption of Resolution 8922 entitled
“Resolution of the Council of the City of Palo Alto Declaring its
Intention to Levy an Assessment Against Businesses within the
Downtown Palo Alto Business Improvement District for Fiscal Year
2010 and Setting a Time and Place for a Public Hearing on June 1,
2009, at 7:00 PM or Thereafter, in the City Council Chambers.”...........4
3. Acceptance of Funds Awarded to the City from the Fiscal Year 2008
Assistance to Firefighters Grant ......................................................4
4. Approval of Enterprise Refuse Fund Contract with Golder Associates,
Inc. in a Total Amount Not to Exceed $119,000 for Design and
Permitting of a New Landfill Gas Flare Stack (Capital Improvement
Program Project RF-10002)............................................................4
PUBLIC HEARINGS ................................................................................4
5. Finance Committee Recommendation to Approve Fiscal Year 2009/10
Community Development Block Grant (CDBG) Funding Allocations and
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Action Plan and Adopt a Resolution 8923 entitled “Resolution of the
Council of the City of Palo Alto Approving the Use of Community
Development Block Grant Funds for Fiscal Year 2009-2010.”...............5
6. Finance Committee Recommendation to Adopt a Resolution 8924
entitled “Resolution of the Council of the City of Palo Alto Amending
Utility Rate Schedules W-5 and S-5 of the City of Palo Alto Utilities
Rates and Charges Pertaining to Service Connection Fees.”.................5
REPORTS OF COMMITTEES AND COMMISSIONS ........................................7
7. Policy & Services Committee Recommendation to Adopt a Resolution
8925 entitled “Resolution of the Council of the City of Palo Alto
Approving Revised City Council Procedures.......................................7
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES ......9
ADJOURNMENT: The meeting adjourned at 8:50 p.m. ...............................10
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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 arrived at 7:16 p.m., Espinosa, Kishimoto,
Klein, Morton, Schmid, Yeh arrived at 6:10 p.m.
Absent:
STUDY SESSION
City Attorney Gary Baum announced that Mayor Drekmeier would not be
participating in this item as he is employed by the Tuolumne River Trust. He
also announced that the meeting was not a joint meeting with the Utilities
Advisory Commission because a quorum was not present.
1. Joint Study Session with the Utilities Advisory Commission Regarding
the New Water Supply Agreement Between the Members of the Bay
Area Water Supply Conservation Agency (BAWSCA) and the San
Francisco Public Utilities Commission.
Arthur Jensen, CEO of BAWSCA, gave an overview of the new Water Supply
Agreement. The objectives in the negotiations for the Agreement were to
provide Palo Alto with a reliable supply of high quality water at a fair price.
The Agreement that was approved by the SFPUC on April 28 meets those
objectives. BAWSCA agencies are asked to have their governing bodies
approve the Agreement by June 30 when the current Agreement expires.
He explained the major provisions of the new Agreement which protect the
financial interests of wholesale customers and their retail customers, lasts
for 25 years, and saves the wholesale agencies money. He responded to
questions from Council Members and Commissioners regarding the perpetual
supply assurance to wholesale customers of 184 million gallons per day
(MGD), of which each agency has a share. In addition, he explained that the
new agreement implements the supply limitation that was imposed in the
Water System Improvement Program in order to limit the diversions from
the Tuolumne River and local watersheds.
Council took a break at 7:10 p.m. and reconvened at 7:16 p.m.
CITY MANAGER COMMENTS
City Manager, James Keene reported there was a ballot box in the main
lobby at City Hall for Santa Clara County voters to submit their ballots. He
noted the utilities billing system went live on SAP, GreenWaste was the new
refuse collection company, and there were tree removals at Mitchell Park
around the play area. He read public announcements regarding the closure
of the landfill in order to move the scale, and a Library series being held on
Tuesdays at the Main Library during the month of May.
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ORAL COMMUNICATIONS
Shelton Ehrlich, 755 North Hampton Drive, spoke regarding the burglar
alarm registration fine.
William Landgraf, 762 Stone Lane, spoke regarding the current budget,
salaries, and benefits for City employees.
Dr. Stanley Myerson, 753 Alma Street, spoke regarding Palo Alto Housing
Corporation.
APPROVAL OF MINUTES
MOTION: Council Member Barton moved, seconded by Vice Mayor Morton
to approve the minutes of April 6, 2009.
MOTION PASSED: 9-0
CONSENT CALENDAR
MOTION: Council Member Barton moved, seconded by Vice Mayor Morton
to approve Consent Calendar Item Nos. 2-4.
2. Preliminary Approval of the Report of the Advisory Board for Fiscal
Year 2009-10 in Connection with the Palo Alto Downtown Business
Improvement District and Adoption of Resolution 8922 entitled
“Resolution of the Council of the City of Palo Alto Declaring its
Intention to Levy an Assessment Against Businesses within the
Downtown Palo Alto Business Improvement District for Fiscal Year
2010 and Setting a Time and Place for a Public Hearing on June 1,
2009, at 7:00 PM or Thereafter, in the City Council Chambers.”
3. Acceptance of Funds Awarded to the City from the Fiscal Year 2008
Assistance to Firefighters Grant.
4. Approval of Enterprise Refuse Fund Contract with Golder Associates,
Inc. in a Total Amount Not to Exceed $119,000 for Design and
Permitting of a New Landfill Gas Flare Stack (Capital Improvement
Program Project RF-10002).
MOTION PASSED: 9-0
PUBLIC HEARINGS
5. Finance Committee Recommendation to Approve Fiscal Year 2009/10
Community Development Block Grant (CDBG) Funding Allocations and
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Action Plan and Adopt a Resolution 8923 entitled “Resolution of the
Council of the City of Palo Alto Approving the Use of Community
Development Block Grant Funds for Fiscal Year 2009-2010.”
Council Member Barton advised that he would not be participating in this
item due to being the President of the Community Working Group which
could benefit from funds given to InnVision and his residence is on the same
street as the Tree House Project.
Vice Mayor Morton stated his firm conducted pro-bono accounting services
for the Opportunity Center which contracted with InnVision and although he
had been informed by legal there was no conflict.
Advance Planning Manager for Planning and Community Environment, Cathy
Siegel stated there were at-place items regarding the funding amount
changes received by Housing and Urban Development (HUD). She stated
there was an increase in funding of just over $27,000 from what was
estimated on the Resolution.
Public Hearing opened and closed without public comment at 7:38 p.m.
MOTION: Vice Mayor Morton moved, seconded by Council Member Klein to:
1) Allocate CDBG funding as recommended by Staff and the Citizens
Advisory Committee (CAC) in the 2009-10 Action Plan and adopt the
Resolution, 2) Authorize Staff to submit the 2009-10 Action Plan to the
Department of Housing and Urban Development (HUD) by the May 15, 2009
deadline, and 3) Authorize the City Manager, on behalf of the City, to
execute the 2009-10 application and Action Plan for CDBG funds and other
necessary documents concerning the application, and to otherwise bind the
City with respect to the application and commitment of funds.
MOTION PASSED: 8-0 Barton not participating
6. Finance Committee Recommendation to Adopt a Resolution 8924
entitled “Resolution of the Council of the City of Palo Alto Amending
Utility Rate Schedules W-5 and S-5 of the City of Palo Alto Utilities
Rates and Charges Pertaining to Service Connection Fees.”
Public Hearing opened and closed without public comment at 7:39 p.m.
MOTION: Council Member Barton moved, seconded by Vice Mayor Morton
to adopt the Resolution to approve a 50 percent increase in capacity fees in
Utilities Rate Schedule W-5 and Utilities Rate Schedule S-5 to take effect on
July 1, 2009.
Council Member Barton stated he supported the recommendation.
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Vice Mayor Morton stated he supported the recommendation.
Council Member Schmid stated the Comprehensive Plan defined the desire
for diverse housing. He asked whether the City was creating a financial
incentive to not have neighborhood oriented development.
City Manager, James Keene stated there would be a specific review of the
municipal fee schedule during the Finance Committee review of the City’s
Budget Proposal.
Council Member Schmid proposed an Amendment to the Motion to review
the cumulative fees being charged in development and the impact on the
developers requesting special treatment or exemptions to the Zoning Codes.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER that Staff return with part of the Comprehensive
Plan update to look at the nexus between cumulative fees and the impact on
developers asking for special exemptions.
AMENDMENT: Council Member Klein moved, seconded by Council Member
Burt to delete the incorporation to the Motion.
Council Member Klein stated Staff was currently overburdened and he felt
requesting their attention be diverted was not warranted.
Council Member Burt asked for clarification on the discretionary decision for
development exemptions. He asked whether the decisions were based on
the fee impacts or independent discretionary decisions based on past
Council’s actions.
Interim Deputy City Manager, Steve Emslie stated yes, in order to approve
development there were findings required to be met which were all related
to physical elements of the plan. He stated there were no decisions based on
fiscal gain or loss.
Council Member Burt asked whether the fees paid by the developer were
diminished by any exemptions granted.
Mr. Emslie stated no, the fees were based on the impact and the nexus of
size or number of units.
Council Member Schmid stated concern for charging an equity bases fee to
new users for exiting development. He stated the City was imposing fees
that priced developers out from being able to create open neighborhoods.
Council Member Kishimoto stated she supported the Amendment.
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AMENDMENT PASSED: 6-3 Barton, Morton, Schmid no
MOTION PASSED: 9-0
REPORTS OF COMMITTEES AND COMMISSIONS
7. Policy & Services Committee Recommendation to Adopt a Resolution
8925 entitled “Resolution of the Council of the City of Palo Alto
Approving Revised City Council Procedures. “
Robert Moss, 4010 Orme, spoke in favor of retaining the time limit to five
minutes.
Herb Borock, P.O. Box 632, spoke regarding the time limit being regulated
for equality, giving the public the same privileges as the developers.
Council Member Kishimoto asked the record be corrected in reference to the
time limit; the report stated the limit of five minutes was an error. She
stated the time limit had been five minutes and over time was reduced. She
requested the language be specific in the time reduction from less than three
minutes to two minutes.
MOTION: Council Member Kishimoto moved, seconded by Council Member
Klein to adopt the Resolution approving the revised City Council Procedures
with one change on page I-3, section b, to change the sentence as follows:
The presiding officer may reduce the allowed time to two minutes if
necessary to accommodate a larger number of speakers.
Council Member Klein stated three minutes was a reasonable time limit to
address a desired point.
Council Member Burt stated disappointment in Staff not researching the
history of the Council procedures prior to revising them. He asked to have
the records corrected in reference to abstaining.
City Attorney, Gary Baum stated the five minute rule was researched
internally and there had been an older reference which was why the Staff
report stated the time limit was in error or was an old practice. He stated the
Attorney General has opined it was a duty to vote, he noted the
interpretation meant required. He clarified the abstention question; an
abstention counted towards the majority except when it was a conflict of
interest for a Council Member.
Council Member Burt asked for clarification on the Martin Balenger case
which stated a refuse to the vote was consent to the majority.
Mr. Baum stated his interpretation was if a member abstained, the member
was consenting to the rest of the Council’s decision.
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Council Member Barton stated there was the per person time limit during
Oral Communications and a total time limit of thirty minutes for the meeting.
He clarified if one policy was going to be changed the other needed to be
reviewed for conflict.
Mayor Drekmeier asked whether the thirty minutes time was mandated.
Council Member Barton stated in paragraph 2 on page Roman numeral I-1 of
the Council Procedures it stated Council allowed three minutes per speaker
but limited the total time to thirty minutes per meeting.
Council Member Kishimoto stated her Motion referred to non-Oral
Communications.
AMENDMENT: Council Member Schmid moved, seconded by Vice Mayor
Morton to change page I-1 section 1A(2) Oral Communications- from: The
Council allows three minutes per speaker, but limits the total time to 30
minutes per meeting, to: The Council allows at least two minutes per
speaker, but could be three minutes per speaker, and delete: but limits the
total time to 30 minutes.
Council Member Schmid stated Oral Communication was an important part
of the meeting and noted the time limit granted showed the community
Council felt their opinion counted.
Vice Mayor Morton stated concern with minimizing the speaking time as it
was in direct conflict with the Top Priority of engaging the public.
Council Member Barton stated he did not support the Amendment.
Council Member Yeh stated he did not support the Amendment.
Council Member Klein stated he did not support the Amendment.
Council Member Burt stated he did not support the Amendment.
Council Member Espinosa stated he did not support the Amendment.
AMENDMENT FAILED: 3-6 Drekmeier, Morton, Schmid, yes
Council Member Schmid noted Council received minutes from the Planning &
Transportation Commission (P&TC) although not the other Boards and
Commissions as stated in the Council Procedures. He asked why the AdHoc
Committees were not included with the procedures.
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Council Member Espinosa asked whether Council Member Schmid wanted the
Policy & Services Committee to review the Boards & Commissions portion of
the Council Procedures.
Mr. Baum stated AdHoc Committees were governed by the Attorney
Generals’ interpretation of the Brown Act. He stated if Council directed there
be a formal AdHoc Committee section in the Council Procedures, Staff would
bring the item to Policy & Services.
MOTION PASSED: 9-0
MOTION: Council Member Schmid moved, seconded by Council Member
Espinosa to direct Staff to bring to Policy & Services a report stating an
explicit description of the role of AdHoc committees.
MOTION PASSED: 8-1 Barton no
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Vice Mayor Morton spoke about his remarks at the Senate Finance
Subcommittee on Transportation-High Speed Rail meeting. He also spoke
about Council Member Burt and him attending the May Fete parade this past
weekend.
Council Member Yeh spoke about attending the annual Federal Policy Forum
in Washington, D.C. conducted by the Northern California Power Agency.
Council Member Kishimoto reported on attending the AdHoc Peninsula Cities
Coalition on High Speed Rail.
Vice Mayor Morton also spoke about the AdHoc Peninsula Cities Coalition
meeting and whether the High Speed Rail Authority should be dissolved and
re-absorbed into Caltrain.
Mayor Drekmeier suggested the above information be incorporated into next
week’s agenda item on High Speed Rail.
Council Member Kishimoto also spoke on the Climate Leadership Summit,
headlined by Thomas Friedman.
Council Member Burt stated there are about 20 or so pieces of legislation on
High Speed Rail going through the legislature at this time. He suggested that
the Council consider delegating the authority to the Staff subcommittee to
comment on legislation based on principles the Council has set forth.
Council Member Espinosa spoke on the meeting this past Sunday of the
Council of Non-Profits that he and Council Member Yeh are assisting in
creating.
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Mayor Drekmeier reported on attending the Grand Opening of the new San
Francisquito Creek pump station.
ADJOURNMENT: The meeting adjourned at 8:50 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
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.