Loading...
HomeMy WebLinkAbout2009-06-08 City Council Summary Minutes 1 06/08/09 Special Meeting June 08, 2009 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:00 p.m. Present: Barton, Burt, Drekmeier, Espinosa arrived at 6:08 p.m., Kishimoto arrived at 6:07 p.m., Klein, Morton, Schmid, Yeh arrived at 6:30 p.m. Absent: CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR. City Manager and his designees pursuant to Merit Rules and Regulations (James Keene, Kelly Morariu, Russ Carlsen, Lalo Perez, Sandra Blanch, Joe Saccio, Marcie Scott, Darrell Murray) Employee Organization: Local 521, Service Employees International Union (SEIU) Authority: Government Code Section 54957.6(a) Council adjourned from the Closed Session at 7:25 p.m. Mayor Drekmeier advised no reportable action taken. STUDY SESSION 2. Status Update on the San Francisquito Creek Joint Powers Authority’s Initial Capital Project. - 2 - 06/08/09 Council Member Klein advised he would not be participating in the discussions when it pertained to Stanford University, as his wife is a staff member of the University. Council Member Barton advised he would not be participating in the discussions when it pertained to Stanford University, as he is on staff at the University. San Francisquito Creek Joint Powers Authority (JPA) Executive Director, Len Materman made a PowerPoint presentation that provided updated information regarding the JPA’s Initial Capital Project alternatives. He described the existing flood risk in the San Francisquito Creek watershed and the ongoing Joint Army Corps of Engineers/JPA feasibility study of long-term, comprehensive flood control project alternatives. He noted that, in an effort to provide tangible benefits in the near future, the JPA had been pursuing the implementation of an Initial Capital Project that would provide incrementally improved flood protection to the communities in the watershed. He explained that the JPA had retained engineering consultant Philip Williams & Associates to assess the feasibility of two types of potential Initial Capital Project alternatives, as follows: 1) providing increased flow capacity in the reach of creek downstream of Highway 101; and 2) detaining storm water runoff in the upper watershed in order to reduce flood flows in downstream reaches. He presented the primary findings of the consultant regarding feasible project alternatives. He started by describing the location, cost, and flood protection benefits of three potential detention sites located on Stanford University property in the upper watershed. He described the options for increasing flood flow capacity downstream of Highway 101, including creek widening and constructing an overflow bypass channel through the Palo Alto Municipal Golf Course. He explained that the JPA was working cooperatively with Caltrans on a joint project to increase the flow capacity of the Highway 101 bridge over San Francisquito Creek. He concluded by describing the next steps in the Initial Capital Project implementation process. He indicated meetings with neighborhood groups and the governing bodies of the JPA member agencies over the next two months would lead into the project design/environmental review phase. He stated the JPA’s goal was to begin construction of the Initial Capital Project by Summer 2011. He answered questions from the City Council regarding the presentation and about the timing and funding of the potential Initial Capital Project. Council members were very supportive of the JPA’s recent progress in pursuing a near-term flood control project. Several Council Members encouraged Mr. Materman to continue working with Stanford representatives on the logistics of a detention basin on University property. Members of the public addressed the Council to advocate the implementation of near-term flood risk reduction measures for San Francisquito Creek. They expressed appreciation for the JPA’s outreach to neighborhood groups and the accelerated pace of progress towards the - 3 - 06/08/09 project’s implementation. Several speakers asked that the JPA and the City of Palo Alto start considering the need for future modifications to the Pope Street/Chaucer Street bridge. SPECIAL ORDERS OF THE DAY 3. Resolution 8938 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Gary Weinreich Upon His Retirement.” Council Member Yeh read the Resolution expressing appreciation to Gary Weinreich upon his retirement. MOTION: Vice Mayor Morton moved, seconded by Council Member Kishimoto to adopt the Resolution expressing appreciation to Gary Weinreich upon his retirement. MOTION PASSED: 9-0 Mr. Weinreich spoke on his experience serving the City of Palo Alto. 4. Resolution 8939 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Luz Cortes Upon Her Retirement.” Council Member Espinosa read the Resolution expressing appreciation to Luz Cortes upon her retirement. MOTION: Council Member Espinosa moved, seconded by Vice Mayor Morton to adopt the Resolution expressing appreciation to Luz Cortes upon her retirement. MOTION PASSED: 9-0 Ms. Cortes spoke on her experience serving the City of Palo Alto. CITY MANAGER COMMENTS City Manager, James Keene spoke on the Palo Alto Police Department’s efforts in response to the two suicides, and one attempted suicide, that had recently taken place on the train tracks in the City. He indicated the Palo Alto Police Department had been working closely with Gunn High School staff and the San Mateo County Sheriff’s Office to ensure no other train related suicides would occur, and had been providing a high presence at high school campuses and three train stations within the City limits. He stated the City was working closely with Caltrain to determine if the need for surveillance cameras was needed. He indicated this issue would be agendized on the City/School Liaison Committee Meeting scheduled in June. - 4 - 06/08/09 Council Member Burt suggested the City/School Liaison Committee examine the functions of youth programs to better serve and engage the youth in the community. Mayor Drekmeier reiterated that the City/School Liaison Committee scheduled on June 24th would discuss the youth programs and their effectiveness in the youth community. Council Member Yeh commended the Palo Alto Police Department for their presence at train stations within the City limits, and for their involvement coordinating with different jurisdictions in regards to this matter. Mr. Keene spoke on the following topics: 1) The Cubberley Community Center parking rate fee increase item was represented under the Public Hearing Item No. 7. He recommended the City Council separately speak to this item when addressing the Budget Staff report this evening and at the City Council Meeting scheduled for June 15, 2009. He stated there had been confusion from the public on the logistics of the parking fee day use proposal, and misconceptions on what was included within said proposal. He stated the fee parking proposal, included within the Budget, would not be implemented until the start of the Community College semester schedule in September 2009. He recommended that Staff hold community meetings with the public and work through the issues in the upcoming months. He recommended the City Council not withdraw the $65,000 in revenue included within the Budget; 2) The GreenWaste residential and commercial refuse hauler will commence service on July 1, 2009; 3) A new home on Leland Avenue and the new Facebook facility had been completed as the City’s first Green Building Projects; and 4) The City’s Building Division hosted a Photovoltaic (PV) Systems and 2005/2008 National Electric Code Workshop on May 20, 2009, at the Roche Campus to discuss the application of the National Electric Code to PV Systems. ORAL COMMUNICATIONS Peter Holoyda, P.O. Box 620442, Woodside, spoke on Renewably First, a non profit organization, created to assist cities employ zero emission vehicles, charging stations, and renewable energy sources. Bud Michael, 545 Fairmont Avenue, Mountain View, spoke on Renewably First and its beneficial economic impact. Eric Zellhart, 150 Great Northern Place, Danville, spoke on Renewably First and its financial aspects. Lynn Krug, spoke on the Service Employees International Union (SEIU). She stated SEIU was willing to defer personnel costs to the City; however, did not favor permanent changes to the SEIU contract. - 5 - 06/08/09 Hugo Chabaneix, spoke on his involvement contributing to the employee benefits of the SEIU contract; he further stated SEIU benefits should not be taken away. Greg Schulz, spoke on no take aways for SEIU’s employees, and the safety trainings that may terminate as a result of a new contract with SEIU. Adolfo Riedel, spoke on his involvement with SEIU, and the repercussions of Staff moral on take aways to SEIU benefits. Andrew Jentzxch, spoke on the corruption of City leadership. William Landgraf, 762 Stone Lane, spoke on rationalizing City employee salaries in the current economic state. Aram James, spoke regarding the Police Department and the recruitment of the new Police Chief. Frank Ingle, 814 Richardson Court, spoke on maintaining civility and balance within the City. Jack Birnbaum, 3520 Greer Road, spoke on the proposed Business License Tax. Anat Admah, 807 Alladice Way, Stanford, spoke on the suicides at the train tracks in Palo Alto, and suggested options the City can participate in to reduce their occurrence. Linda Bendor, 614 Alvarado Row, spoke on the recent suicides on the train tracks in Palo Alto and thanked the Police Department Staff for their presence at the train stations in Palo Alto. CONSENT CALENDAR MOTION: Council Member Barton moved, seconded by Vice Mayor Morton to approve Agenda Item No. 5-6. 5. Approval of Amendment No. One to Agreement Between the San Francisquito Creek Joint Powers Authority and its Member Agencies with Respect to Roles and Responsibilities Regarding the Army Corps of Engineers’ Feasibility Cost Share Agreement. 6. Approval of a Contract with Palo Alto Unified School District (PAUSD) in which the City of Palo Alto will provide Fiscal Services for the PAUSD Summer Enrichment Programs and Provide a Collaborative After- School Program. MOTION PASSED: 9-0 - 6 - 06/08/09 Council Member Schmid stated essential information was inadvertently left out of a Staff memo; he further stated he felt the supplemental information should be added to a revised Staff report for the official record. AGENDA CHANGES, ADDITIONS, AND DELETIONS MOTION: Council Member Burt moved, seconded by Council Member Klein to move Agenda Item No. 11 forward to become Agenda Item No. 6A. MOTION PASSED: 8-1 Schmid no 6A. (Former No. 11.) Review and Consideration of Response to the Independent Police Auditor (IPA) Report on the Children’s Theatre Police Investigation. Council Member Burt indicated the Children’s Theatre apology letter was provided to the City Council members At-Places. He indicated copies of the letter were provided to the public for review. MOTION: Council Member Burt moved, seconded by Council Member Espinosa to accept the letter proposed by the Council Ad Hoc Committee as a statement of Council Policy. Council Member Burt stated the Council Ad Hoc Committee members were assigned to compose, in conjunction with the City Manager’s Office, the City’s response to the Independent Palo Alto Police Auditor’s Report (Auditor’s Report). He indicated that at a future meeting, the Committee will address and make proposals to the Auditor Report’s systemic recommendations. He stated the letter was a formal apology to the Children’s Theatre Staff and the Friends of the Children’s Theatre. Council Member Schmid stated that the City Council action should be postponed in order to take a serious look at the Auditor’s Report in regard to City protocols, financial management, and reporting practices in conducting investigations. Council Member Burt stated the entire Independent Auditor’s Report was provided to the City Council on June 1, 2009, and substantial discussions were held. He indicated the letter was based upon the Report and reflected the direction of the City Council’s comments on June 1, 2009. He reiterated that the letter did not represent new information. Council Member Schmid questioned whether the City Council should relook at the Police Investigation Report before taking action. - 7 - 06/08/09 Council Member Burt stated the Police Investigation Report was provided to the City Council nine months ago. Mayor Drekmeier requested that the letter be read by Council Member Burt. Council Member Burt felt it was more appropriate to read the letter after the adoption of the Motion, as a formal apology acknowledgement, and as a presentation of the City Council’s position on the Children’s Theatre matter. Mayor Drekmeier stated all members of the public had not been provided with an opportunity to read the letter and felt the letter should be read at this point. Council Member Barton stated there were copies of the letter on the back table of the City Council Chambers for public inspection; however, most residents in attendance this evening have not seen the letter. He felt it was appropriate for the letter to be read and put into record. Council Member Burt read the letter. Mayor Drekmeier asked whether copies of the letter would be provided to all parties involved. Council Member Burt stated yes. Aram James spoke on the Police Department’s misconduct in regards to the investigation. JoAnne Wetzel, 787 Stone Lane, thanked the City Council for requesting the Report and for addressing the results from the findings of the Report. Norman Carroll, 3061 Emerson Street, stated he did not want the City Council to apologize on his behalf. Susan Adams, 1033 Guinda Street, spoke on the financial hardships the parties involved faced during the Children’s Theatre investigation. MOTION PASSED: 9-0 Mayor Drekmeier reiterated the City Council’s sincere apology to all parties involved. PUBLIC HEARINGS 7. Public Hearing: (CMR: 280:09) Discussion of the Finance Committee Recommendation of the Adoption of the 2010 Budget, and In-Concept Budget for Fiscal Year 2011 and Adoption of a Budget Amendment - 8 - 06/08/09 Ordinance, including 1) Exhibit A – City Manager’s Fiscal Years 2010 and 2011 Proposed Budget; 2) Exhibit B – Amendments to the City Manager’s Fiscal Years 2010 and 2011 Proposed Budget; 3) Exhibit C – Fiscal Year Proposed Municipal Fee Schedule; 4) Exhibit D – Revised Pages in the Fiscal Years 2010 and 2011 Table of Organization; 5) Exhibit E – Amendments to the Fiscal Year 2010 Proposed Municipal Fee Schedule. (a) The Finance Committee Recommends that the City Council Adopt the Fiscal Year 2010 Budget and Adopt in-concept the Fiscal Year 2011 Budget, Pertaining to the Police and Fire Department Budgets as Modified and the Portions of the CIP Relating to Stanford and the Ordinance Portions Related Thereto. (b) The Finance Committee Recommends that the City Council Adopt Sections of the Community Services and Planning and Community Environment Department Fiscal Year 2010 Budgets and Adopt in- concept the Fiscal Year 2011 Budget, as Modified, Pertaining to Nonprofit Entities, Including Community Services Block Grant (CDBG) and Human Services Resource Allocation Process (HSRAP) and the Ordinance Portions Related Thereto. (c) The Finance Committee Recommends the City Council Adopt the Remaining Items in the Fiscal Year 2010 Budget and Adopt in-concept the Fiscal Year 2011 Budget, as Modified and the Ordinance Portions and Resolutions Related Thereto. Adoption of a Resolution Amending the Compensation Plan for Management and Professional Personnel and Council Appointees Adopted by Resolution No. 8844 to Change the Title of One Classification. Adoption of a Resolution Amending the Compensation Plan for Classified Personnel (SEIU) Adopted by Resolution No. 8658 to Add Four Classifications and Change the Compensation for Two Existing SEIU Classifications. Council Member Burt, as Chair of the Finance Committee, stated the Finance Committee held seven Public Hearing meetings on the Budget. He stated the economy was in trying times, and a great deal of work by Staff was done to balance the Budget. He stated the overriding elements the Finance Committee focused on to reduce the Budget were in the following areas: 1) Reduce the Budget through a one-time bridge by way of systemic cuts; 2) Move forward with Capital Improvement Projects to achieve savings; and 3) Develop a “parking lot”, which were issues the City Council would identify as considerations in the wrap-up stage of the budget process. He stated the - 9 - 06/08/09 Finance Committee requested Staff to report to the Finance Committee quarterly on perspective actions to the Budget. City Manager, James Keene gave a PowerPoint presentation on the Finance Committee’s recommendations to adopt the 2010 Budget, spoke on an in- concept Budget for Fiscal Year 2011, and spoke on the adoption of a Budget Amendment Ordinance. He stated this was the time for the City Council to review, discuss, and ask questions on the Budget without taking action. He indicated the adoption of the Budget was scheduled for June 15, 2009. He stated conscious one-time balancing measures, approved this Fiscal Year by the City Council, moved the structural deficit onto the Fiscal Year 2011 Budget. Staff recommended, to the Finance Committee, to close the $10 million budget deficit with a series of strategies through departmental and service cuts, employee compensation and benefit reductions, and temporary funding reductions. He overviewed the one-time balancing measures and bridging efforts to balance the Budget. He spoke on the problem and areas of challenge the City faces. Director of Administrative Services, Lalo Perez spoke on the Reserve Fund and its purpose. He indicated the City Council has had a fiscally responsible policy balancing the Reserve Fund ranging from 15-20 percent, with a goal of 18.5 percent. He stated the target goal was changed to 15 percent to accommodate the design of the Public Safety Building. He indicated the proposed Budget would encompass a 15.3 percent reserve level for Fiscal Year 2010; further stating this percentage stays within the City Council guideline set by Council policy. He indicated within the second year, if the reserve level was not addressed, it would drop to 13 percent. Staff recommended addressing the Reserve Fund in 2011. Expenditure reductions and accommodations of revenue would be addressed at a later date. He spoke on possible financial impacts on the City, as follows: 1) Infrastructure; 2) State borrowing property tax revenues; 3) Gasoline tax; 4) Revenue decline; and 5) Decline in sales and hotel taxes. Budget Manager for Administrative Services, Sharon Bozman spoke on the City’s Enterprise Funds. She overviewed the proposed rate changes which would increase the average residential utility bill by 1.4 percent. She outlined the General Fund Capital Improvement Program (CIP) Budget, the Infrastructure Reserve Fund, and the Infrastructure Backlog Report. Mr. Keene spoke on Peak Democracy comments received on the adoption of the 2010 Budget. He indicated Peak Democracy comments included 8 comments on the size of City government, employee pay and benefits, 28 comments regarding the proposed parking fee at Cubberley, and 7 comments regarding the Family Resources Program. Council Member Klein spoke on his overall view of the Budget in regards to the Budget Stabilization Reserve Fund and its importance to conserve this - 10 - 06/08/09 Fund for emergency purposes, the need to be fiscally prudent without compromising the need to fund infrastructure projects, and the additional hit to the Budget due to the State’s borrowing plan including the gasoline tax. Public hearing opened at 10:19 p.m. Jean Wilcox, 4005 Sutherland Drive, spoke on her opposition for parking fees at Cubberley Community Center. Mayor Drekmeier stated the fee for parking at the Cubberley Community Center would not be voted on this evening. Christine Burroughs, InnVision, 33 Encina, requested that the City Council allocate funds in the amount of $57,000 to finance InnVision Programs that serve the community. Stephanie Beach, 854 Clara Drive, thanked the City Council for its continued support funding the Avenidas Senior Center. Bob Carlstead, 147 Walter Hays Drive, spoke on his opposition of raising the Palo Alto Golf Course fees for senior citizens. Norman Carroll, 3061 Emerson Street, spoke on the good and bad living conditions of Palo Alto citizens. Barbara Spreng, 1585 Edgewood Drive, spoke on her support of preserving the Family Resources Foundation. Thomas Pamilla, 455 E. Charleston Road, spoke on his support of funding the Stevenson House and Family Resources Foundation. Robert Moss, 4010 Orme Street, spoke on the financial decisions that would need to be made to fund City services and City employee benefits. Herb Borock, P.O. Box 632, spoke on At-Place documents placed for public inspection by Staff. Mayor Drekmeier stated the Public Hearing would not be closed this evening, and would be continued to June 15, 2009. Mary Carlstead, 147 Walter Hays, spoke on the growing expenses imposed on retired individuals. City Attorney, Gary Baum spoke on potential conflicts with several City Council Members in regards to the Political Reform Act. He stated conflicted items would be heard first. - 11 - 06/08/09 Mayor Drekmeier stated the City Council would first speak to Agenda Item No. 7(a). Council Member Klein advised that he would not be participating in Agenda Item No. 7(a) as it pertains to funds the City receives from Stanford University as his wife is on staff at Stanford University. Council Member Barton advised that he would not be participating in Agenda Item No. 7(a) as it pertains to funds the City receives from Stanford University as he is on staff at Stanford University. Mayor Drekmeier requested questions or comments on the CIP portion of Agenda Item No. 7(a). Seeing none, he closed this portion of the Public Hearing. He indicated the full City Council would continue the remaining portions of Agenda Item No. 7(a). Vice Mayor Morton stated future budgets would require balancing expenses, revenues, and employee and union contributions. Council Member Klein stated long-term infrastructure needs have not been updated in the Budget. He referred to the new Public Safety Building. He referred to the pie chart, contained within the Staff report, regarding the proposed Budget for Fiscal Year 2010-2011 which consisted of 1/3 new revenues from the proposed Business License Tax and 2/3 as reduction in compensation and benefits. He stated if the Business License Tax was not approved, employee head count and compensation would need to be adjusted to compensate for the loss of those new revenues. Council Member Kishimoto requested information regarding the Police Department’s average emergency response time. Interim Police Chief, Dennis Burns stated the goal for emergency response was ten minutes. He indicated the average emergency response time was seven minutes. Council Member Kishimoto questioned why the goal was listed as ten minutes within the Budget. Mr. Burns stated ten minutes was consistent with other agencies emergency response times, and was achievable. Council Member Kishimoto stated she would like to keep the average emergency response time at seven minutes. Mr. Burns concurred. - 12 - 06/08/09 Council Member Kishimoto questioned whether the Police Records Staff position would be reduced from five days to one day a week. Mr. Burns stated the Police Records Staff position would be shortened to a four day work-week, or a five day work-week with shortened hours. Council Member Kishimoto inquired whether technology could assist getting more work done with fewer personnel. She provided an example of members of the public accessing information online opposed to Staff members providing counter assistance. Mr. Burns stated daily reports the Police Records position was assigned to was mandated by the State’s Department of Justice and Federal Government to ensure warrant and day-to-day information within the required guidelines. He stated the technology the Police Department utilizes had been maximized; however, a new Records Management System should be brought on-board within the next year which could achieve streamlined processes. Council Member Kishimoto questioned whether the Records Management System would allow residents to research and upload information online. Mr. Burns stated that would potentially be the case. Council Member Kishimoto inquired whether the Police Department had received feedback from the Palo Alto School District (District) regarding a reduction to the School Resource Officer Program, and whether the Police Department was comfortable with the cutback of this program at schools. Mr. Burns stated the District was not in favor of the City reducing the School Resource Officer Program; however, he stated the District understood given the current fiscal crisis. He stated the School Resource Officer Program would not be as effective if one Resource Officer was eliminated from the program. He indicated under the Budget proposal, one Resource Officer would service the two high schools and visiting the middle schools would be eliminated. Council Member Kishimoto inquired whether there was a difference if the School Resource Officer was a sworn Police Officer or a non-sworn Police Officer. Mr. Burns stated there were benefits of having a sworn Police Officer visiting the high schools. Council Member Yeh inquired why traffic citation revenues were projected to decline, while the number of citation counts was forecasted to remain the same. - 13 - 06/08/09 Police Captain, Mark Venable stated traffic citations were divided into two groups, traffic citations and parking citations. He stated portions of traffic citation revenues were being held back by the State and County, and parking citation tickets have gone down due to short staffing. Council Member Yeh inquired whether the traffic citation revenues remitted to the County were one-time withholdings. Mr. Venable stated the payments sent to the County were on-going and systemic. He indicated the City would be increasing parking citation fees to recoup a portion of the cost. Mayor Drekmeier stated the City Council would now discuss Agenda Item No. 7(b). Council Member Barton advised that he would not be participating in Agenda Item No. 7(b) as his firm is negotiating a contract with Palo Alto Community Childcare. Vice Mayor Morton advised that he would no be participating in Agenda Item No. 7(b) as his firm provides audit services for Palo Alto Community Childcare and Adolescent Counseling Services. Mayor Drekmeier requested questions and comments on the CIP portion of Agenda Item No. 7(b). Seeing none, he closed this portion of the Agenda Item No. 7(b). He indicated the full City Council would continue the remaining portion of Agenda Item No. 7(b). Council Member Schmid stated this portion of the Public Hearing was complex because the non-profit service organizations requesting funding from the City leverage whatever funds are allocated from the City to serve the public. He indicated these non-profit service organizations would absorb a funding decline of 5 percent from the City. Mayor Drekmeier stated the City Council would now discuss Agenda Item No. 7(c). The Finance Committee Recommendation to adopt the remaining items in the 2010 Budget as modified, the 2011 in-concept Budget, and to adopt the Ordinance portions and Resolutions related thereto. Council Member Espinosa stated the Budget had not been cut deep enough to fundamentally shift City programs, City services, and Staff benefits. He stated now was the time to refocus attention to cost recovery, revenue generation, essential services, outsourcing programs to non-profits, and organizing the City. Mayor Drekmeier stated this Public Hearing Item would return to the City Council for approval on June 15, 2009. - 14 - 06/08/09 8. Consider Assessment for California Avenue Area Parking Bonds – Plan G: Fiscal Year 2010; Adoption of a Resolution 8940 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 2010). “ Mayor Drekmeier stated the City Engineer prepared a report providing for the levying of special assessments within the Parking Assessment District. He stated the Staff report sets forth the amounts of assessments proposed to be levied for Fiscal Year 2009-2010. The assessments will be used to pay the principal interest for the bonds issued in various projects. He indicated the purpose of the Public Hearing was to allow the City Council to hear all persons having an interest in real property within these Parking Assessment Districts, and to amend, modify, correct, and confirm the Staff report and each of the assessments within. Vice Mayor Morton advised he would not be participating in this item as he owns interest in a building in the affected area. Mayor Drekmeier asked whether written communication had been received regarding Agenda Item No. 8. City Clerk, Donna Grider stated no. Public hearing opened and closed without public comment at 11:07 p.m. MOTION: Council Member Barton moved, seconded by Council Member Kishimoto to adopt the Resolution confirming the Engineer’s Report and Assessment Roll for California Avenue District, Parking Project No. 92-13. MOTION PASSED: 8-0 Morton not participating 9. Adoption of an Ordinance Amending Section 16.28.080 (Specific Exemptions) of Title 16 (Building Regulations) of the Palo Alto Municipal Code to Require Excavation and Grading Permits for Basements and Below-grade Parking Structures. Director of Public Works, Glenn Roberts stated Staff recommended that the City Council adopt an amendment to the Grading Ordinance to require excavation and grading permits for basement and below-grade parking structures. Public hearing opened and closed without public comment at 11:11 p.m. Council Member Barton stated the process to pull permits was time consuming, expensive, and bureaucratic. He stated this additional permit would add to the applicants’ frustration. He felt streamlining the permit - 15 - 06/08/09 process would contribute to cost savings, recovery, and better customer service. MOTION: Council Member Barton moved, seconded by Council Member Burt to adopt the Amendment to the Grading Ordinance to require excavation and grading permits for basements and below-grade parking structures. Staff should return within 90 days with a proposed program to streamline the permit process and reduce the time to obtain a permit. Council Member Barton stated this was an opportunity for the City to increase the City’s sales tax base and better communicate with developers. Council Member Burt reiterated the comments made, further stating there were opportunities to build efficiencies and transparency which would reduce costs. He questioned whether 90 days was an ample time for Staff to return with a proposal to streamline the permit process. City Manager, James Keene stated 90 days was a sufficient amount of time. Council Member Schmid inquired whether reviewing and approving a new permit procedure would create a drive to look into other permitting issues. Mr. Roberts stated there were a number of issues that had evolved over the last few years. He stated some of these issues were currently being looked into by multiple departments, and set to be reviewed by the Planning and Transportation Commission (P&TC) within the next several months. He felt the City Council’s Motion would have a further benefit to these issues. He clarified that the issues the P&TC will be reviewing were separate to the City Council’s Motion, which dealt with the overall building permit process. Council Member Kishimoto stated the topic was appropriate to regulate. Mayor Drekmeier spoke on the environmental aspects that this process may benefit from. MOTION PASSED: 9-0 COUNCIL MATTERS 10. Approval of Agreement with Sherry L. Lund Associates in an Amount of $27,250 for Completion of Annual Council Appointed Officer Performance Reviews. Council Member Barton stated the Council Appointed Officer (CAO) Committee met to discuss the process for CAO evaluations. He indicated that on a 3-1 vote, the CAO Committee approved forwarding this to the City Council for approval. - 16 - 06/08/09 MOTION: Council Member Barton moved, seconded by Vice Mayor Morton to authorize the Mayor to enter into a contract with Sherry L. Lund and Associates in an amount of $27,250 for facilitation of Council Appointed Officers evaluations with the funds to be added to the 2010 Budget. Vice Mayor Morton stated utilizing an outside consultant was ideal. He stated the unexpended portion of this year’s City Council Contingency Fund should be reappropriated to cover a portion of costs. Council Member Espinosa stated he supported the Staff report; however, he felt the process should be brought back in-house given the current economic downturn. Council Member Klein stated he was not in favor of this Staff report due to the current economic downturn. He questioned the funding source and the reappropriation of this Staff report. Vice Mayor Morton requested the amount in this year’s City Council Contingency Fund. City Clerk, Donna Grider stated there was a $24,000 balance in this fund. Council Member Klein stated there was a balance at the end of each year. It was his belief this money should be spent on new items and not continued items. Mayor Drekmeier requested clarification on whether the remainder of City Council Contingency Fund, from this year, could be deposited into next year’s City Council Contingency Fund. City Manager, James Keene stated the City does reappropriate funds; however, he stated that typically unexpended balances would lapse. He indicated it was the City Council’s discretion to make this decision. Council Member Klein stated the issue was principle based. Council Member Barton stated he agreed with Council Member Klein. He stated the Motion’s funding should be allocated in the 2010 Budget. Council Member Burt stated it was not necessary to hire an outside CAO consultant; however, hiring the consultant would benefit the value of the process. Council Member Kishimoto stated she agreed that a consultant was necessary in this process. Council Member Schmid stated he supported hiring an outside consultant. - 17 - 06/08/09 Council Member Yeh stated he supported hiring the outside consultant. MOTION PASSED: 8-1 Klein no COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES Council Member Yeh spoke about being eliminated in the first round of the Mayors Cup Soap Box Derby held on June 6, 2009. Council Member Espinosa spoke about two events, the InnVision Annual Garden Gala and the Stevenson House Red Meets Green, held the weekend of June 6-7, 2009 where the City of Palo Alto and the work of City Staff were acknowledged and thanked for their contributions. ADJOURNMENT: The meeting was adjourned in memory of Sonya Raymakers at 11:40 p.m.