HomeMy WebLinkAbout2009-09-14 City Council Summary Minutes
09/14/09 105-136
Special Meeting
September 14, 2009
CLOSED SESSION .................................................................................139
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION................................139
SPECIAL ORDERS OF THE DAY................................................................139
2. Proclamation Expressing Appreciation to Anne Warner Cribbs and the
2009 National Senior Games Local Organizing Committee...................139
CITY MANAGER COMMENTS....................................................................139
ORAL COMMUNICATIONS.......................................................................140
APPROVAL OF MINUTES .........................................................................142
CONSENT CALENDAR.............................................................................142
3. Approval of a Contract with W. Bradley Electric, Inc. in an Amount Not
to Exceed $248,269 to Construct and Install a Fully Actuated Traffic
Signal at the Intersection of Embarcadero Road and the Town and
Country Shopping Center and Palo Alto High School Driveways, and to
Modify the Pedestrian Signal to Palo Alto High School.........................142
4. Approval of Contract with Prodigy Press in the Amount Not to Exceed
$180,000 Annually for a Three-Year Period for Digital Imaging Services
and Printing Projects. ....................................................................142
5. Finance Committee Recommendation to Preliminarily Approve Fiscal
Year 2009 Re-appropriation Requests to be Carried Forward into Fiscal
Year 2010....................................................................................142
6. Ordinance 5051 entitled “Ordinance of the Council of the City of Palo
Alto Amending Sections 18.10.130 (Historical Review and Incentives),
18.10.060 (Parking), 18.12.140 (Historical Review and Incentives),
18.12.060 (Parking), and 18.13.040(c) (Single-Family and Two-Family
Uses) of Title 18 (Zoning), and Sections 21.20.010 (General
Provisions) and 21.20.301 (Flag Lots) of Title 21 (Subdivisions) of the
Palo Alto Municipal Code Regarding Subdivision of One Lot into Two
Nonconforming Lots Where Covenants are Provided to Protect Historic
Properties.” (First reading July 27, 2009 – Passed 6-0, Barton,
Morton, Schmid Absent) ................................................................143
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7. Resolution 8977 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Paula Kirkeby for Outstanding Public
Service as a Member of the Public Art Commission.” ..........................143
8. Resolution 8978 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Barbara Mortkowitz for Outstanding
Public Service as a Member of the Public Art Commission.”...................143
9. Resolution 8979 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Gerald Brett for Outstanding Public
Service as a Member of the Public Art Commission.”............................143
10. Approval of a Storm Drain Enterprise Fund Contract with Peak
Engineering, Inc. in the Amount of $573,004 for Alma Street Storm
Drain Improvement Project, Capital Improvement Program Project SD-
08101. ........................................................................................143
11. Approval of a Contract with Valley Slurry Seal Company in an Amount
of $376,261 for the 2009 Street Maintenance Program Slurry Seal
Capital Improvement Program Project PE-86070. ..............................143
12. Budget Amendment Ordinance 5052 for Fiscal Year 2010 to Accept
$1,085,000 in Federal American Recovery and Reinvestment Act
“Stimulus” Funding and Approval of a Contract with A. Ruiz
Construction Company & Associates, in the Amount of $1,105,648 for
the 2009 Street Maintenance Program San Antonio and Lytton Asphalt
Overlay Capital Improvement Program Project PE-86070....................143
13. Finance Committee Recommendation to Accept the Auditor’s Office
Quarterly Report as of June 30, 2009. .............................................143
14. Resolution 8980 entitled “Resolution of the Council of the City of Palo
Alto Approving Revisions to the City of Palo Alto Energy Risk
Management Policy.”.....................................................................143
PUBLIC HEARINGS ................................................................................144
15. Consider the: 1) Approval of the Negative Declaration; 2) Adoption of
a Resolution 8981 entitled “Resolution of the Council of the City of Palo
Alto Amending the Comprehensive Plan Land Use Map to Change the
Land Use Designation from Multiple Family Residential to Commercial
Hotel; and 3) Adoption of an Ordinance Amending the Zoning Map to
Change the Zone Designation for Approximately 0.30 Acre at 4261 and
4273 El Camino Real (Dinah’s Hotel) from RM-15 (Low Density
Residential Multi-Family) to CS(L)(D) (Service Commercial with
Landscape and Site and Design Review Combining Districts).”.............144
16. Consider Adoption of an Uncodified Ordinance Extending the Life
of Specific Permits Which are Currently Active Pursuant to Title
18 (Zoning) of the Palo Alto Municipal Code...............................150
09/14/09 105-138
REPORTS OF OFFICIALS.........................................................................150
17. Update on Measure N Library Bond Measure Projects; Adoption of a
Budget Amendment Ordinance 5053 in the Amount of $109,041 for
Temporary Library Facilities; Approval of a Contract with Turner
Construction Company, Inc. in the Amount of $138,198 for
Construction Management Services for the Mitchell Park Library and
Community Center and the Downtown Library and Approval of
Amendment No. 1 to Contract C09130744 with Group 4 Architecture to
add $92,034 for a Total Not to Exceed Amount of $3,919,324 for
Measure N Library Projects Capital Improvement Program Projects PE-
009006 and PE-09005, PE-09010....................................................150
CLOSED SESSION .................................................................................159
18. CONFERENCE WITH LABOR NEGOTIATORS.......................................160
ADJOURNMENT: The meeting adjourned at 2:10 a.m. ...............................160
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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 6:30 p.m., Kishimoto,
Klein, Morton, Schmid, Yeh arrived at 6:30 p.m.
Absent:
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney Gary Baum
Authority: Government Code section 54957(b)
Council returned from the Closed Session at 8:05 p.m. and Mayor Drekmeier
announced there was no reportable action.
SPECIAL ORDERS OF THE DAY
2. Proclamation Expressing Appreciation to Anne Warner Cribbs and the
2009 National Senior Games Local Organizing Committee.
Vice Mayor Morton read the Proclamation into the record expressing
appreciation to Anne Warner Cribbs and the 2009 National Senior Games
Local Organizing Committee.
Anne Cribbs accepted and expressed her appreciation for the Proclamation.
John Guislin, 225 Middlefiled Road, on behalf of the Palo Alto Athletes,
expressed appreciation and presented a plaque to Anne Cribbs and the Local
Organizing Committee for organizing the games.
CITY MANAGER COMMENTS
City Manager, James Keene said in July the Metropolitan Transportation
Commission had approved a Grant in the amount of $55,000 for the City to
update its Bicycle and Pedestrian Transportation Plan, $60,000 for the Park
Bicycle Boulevard, $50,000 for bike rack installations, $51,300 for crosswalk
enhancements, and $40,000 for bicycle route directional signage. Shared
arrow road signs (SHARO) were painted on Alma Street, northbound from
Homer Avenue to Forest Avenue, to direct bicycle and vehicle traffic for the
safety of cyclist coming from the Homer Avenue undercrossing. The
Planning Department was notified by Magnussen Toyota Dealership that a
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binding lease was signed to expand their operations across the street from
their current dealership located on San Antonio Road. Planner Kristin
Heinen, Green Building Specialist, passed her Plan Check and Field Exams in
August and was certified as a GreenPoint Rater under the auspices of Build It
Green. A partnership between the City and the Palo Alto Unified School
District (PAUSD) regarding efficiency education and building online links to
the City’s residential webpage, would be available on PAUSD’s website called
“Up to Us.”
ORAL COMMUNICATIONS
Bonny Turner, 474 Embarcadero, spoke regarding the Palo Alto Lawn
Bowling Club and thanked the City for allowing them to participate in the
Senior Games.
Chris Grillone, 516 Thain Way, spoke on regulating second hand smoke and
encouraged the City to adopt regulations similar to those adopted by the
City of Belmont. California law declared anything that was injurious to
health or obstructed the free use of property that interfered with comfortable
and enjoyment of life and property was a nuisance.
Rosemary McGuire, 3367 St. Michael Drive, spoke on police harassment and
her experience as a black woman driving in Palo Alto.
Blazena Vauckova, 455 E. Charlestons #C241, spoke about the unfair
treatment she received from the Palo Alto Police Department when she was
stopped for a traffic violation.
Christine Craig, 4270 Terman Drive, spoke about the Police Chief’s
recruitment and expressed the need for new blood in the Palo Alto Police
Department.
Christopher Rafferty, 165 Colorado Ave, spoke regarding his concerns with
the City’s Variable Management Compensation (VMC) benefit.
Mark Weiss, 1788 Oak Creek Drive, spoke regarding the recruitment of the
new Police Chief.
Aram James, spoke regarding the Police Chief’s recruitment process and
requested all three finalists be brought before the public to be heard and to
have transparency in the selection.
Tim Gray, 4173 Park Boulevard, spoke regarding the timing of the Police
Chief’s selection. He said it was an opportunity to mend and rebuild the
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positive and strong connection between City’s Police and residents by being
transparent in the selection process.
Judith Wormley, Palo Alto, spoke regarding the Police Chief’s selection and
encouraged a thorough review of each applicant in moving forward to help
mend a broken relationship between the Police Department and the
community.
Reverend Amy Zucker Morgenstern, spoke regarding Service Employees
International Union (SEIU) and spoke of being opposed to the healthcare
and pension cuts for City employees.
Peggy Quillman, spoke regarding SEIU and City employees who provide the
quality of service to the City. She urged the Council to support the City
employee by honoring the work they do and ensure continuance to recruit
and retain a quality workforce.
Alex Hamilton, spoke regarding SEIU and the hardship she would face if she
were to lose a portion of her healthcare coverage. She raised concerns
regarding the $22 million the City had in excess funds and requested a
public hearing regarding the matter.
Vic Farisato, spoke regarding SEIU and expressed the need for a public
hearing on the $22 million and further investigate how the City had allocated
the funds.
Melody Vega, spoke regarding SEIU, and raised concerns regarding
employees leaving the organization due to the future uncertainties of the
City. She spoke of the loyalty and the experience employees had offered to
the City and asked the Council to value the workers who are the backbone of
the organization.
Albert Carlson, spoke regarding SEIU, and questioned how the $22 million
was allocated and disbursed. He will be submitting a public records request
asking for the exact balances and encumbrances of the funds.
Brian Ward, spoke regarding SEIU and expressed the Union’s willingness of
to do their part and urged the Council to do the right thing.
Michael Francois, 224 Gardenia Way, East Palo Alto, spoke regarding SEIU
and was in support of the Union members who were asking for secured
salaries and decent medical and retirement benefits.
09/14/09 105-142
Judy Glaes, 1595 S. California #J101, City’s Code Enforcement Officer,
spoke on behalf of herself and fellow coworkers who have put in 27-years of
service or more with the City. She asked the City to be transparent about
the funds and not force loyal workers with City expertise out the door.
Robert Moss, 4010 Orme Street, spoke regarding fiscal reality. He spoke of
the City’s uncommitted reserves for emergencies and capital improvements.
Funds needed to be set aside for large deficits and he did not want to see a
massive layoff.
APPROVAL OF MINUTES
MOTION: Council Member Barton moved, seconded by Council Member
Espinosa to approve the minutes of July 13, 2009, July 20, 2009 (as
amended), July 27, 2009, and August 03, 2009.
MOTION PASSED: 9-0
CONSENT CALENDAR
Vice Mayor Morton advised he would not be participating in Agenda Item No.
4 due to a potential conflict with an organization he was connected with that
was considering contracting with Prodigy Press.
MOTION: Council Member Barton moved, seconded by Council Member
Kishimoto to approve Agenda Item Nos. 3-14.
3. Approval of a Contract with W. Bradley Electric, Inc. in an Amount Not
to Exceed $248,269 to Construct and Install a Fully Actuated Traffic
Signal at the Intersection of Embarcadero Road and the Town and
Country Shopping Center and Palo Alto High School Driveways, and to
Modify the Pedestrian Signal to Palo Alto High School.
4. Approval of Contract with Prodigy Press in the Amount Not to Exceed
$180,000 Annually for a Three-Year Period for Digital Imaging Services
and Printing Projects.
5. Finance Committee Recommendation to Preliminarily Approve Fiscal
Year 2009 Re-appropriation Requests to be Carried Forward into Fiscal
Year 2010.
6. Ordinance 5051 entitled “Ordinance of the Council of the City of Palo
Alto Amending Sections 18.10.130 (Historical Review and Incentives),
18.10.060 (Parking), 18.12.140 (Historical Review and Incentives),
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18.12.060 (Parking), and 18.13.040(c) (Single-Family and Two-Family
Uses) of Title 18 (Zoning), and Sections 21.20.010 (General Provisions)
and 21.20.301 (Flag Lots) of Title 21 (Subdivisions) of the Palo Alto
Municipal Code Regarding Subdivision of One Lot into Two
Nonconforming Lots Where Covenants are Provided to Protect Historic
Properties.” (First reading July 27, 2009 – Passed 6-0, Barton, Morton, Schmid Absent)
7. Resolution 8977 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Paula Kirkeby for Outstanding Public
Service as a Member of the Public Art Commission.”
8. Resolution 8978 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Barbara Mortkowitz for Outstanding
Public Service as a Member of the Public Art Commission.”
9. Resolution 8979 entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Gerald Brett for Outstanding Public
Service as a Member of the Public Art Commission.”
10. Approval of a Storm Drain Enterprise Fund Contract with Peak
Engineering, Inc. in the Amount of $573,004 for Alma Street Storm
Drain Improvement Project, Capital Improvement Program Project SD-
08101.
11. Approval of a Contract with Valley Slurry Seal Company in an Amount
of $376,261 for the 2009 Street Maintenance Program Slurry Seal
Capital Improvement Program Project PE-86070.
12. Budget Amendment Ordinance 5052 for Fiscal Year 2010 to Accept
$1,085,000 in Federal American Recovery and Reinvestment Act
“Stimulus” Funding and Approval of a Contract with A. Ruiz
Construction Company & Associates, in the Amount of $1,105,648 for
the 2009 Street Maintenance Program San Antonio and Lytton Asphalt
Overlay Capital Improvement Program Project PE-86070.
13. Finance Committee Recommendation to Accept the Auditor’s Office
Quarterly Report as of June 30, 2009.
14. Resolution 8980 entitled “Resolution of the Council of the City of Palo
Alto Approving Revisions to the City of Palo Alto Energy Risk
Management Policy.”
MOTION PASSED for Item Nos. 3, 5-14: 9-0
MOTION PASSED for Item No. 4: 8-0 Morton not participating
09/14/09 105-144
PUBLIC HEARINGS
15. Consider the: 1) Approval of the Negative Declaration; 2) Adoption of
a Resolution 8981 entitled “Resolution of the Council of the City of Palo
Alto Amending the Comprehensive Plan Land Use Map to Change the
Land Use Designation from Multiple Family Residential to Commercial
Hotel; and 3) Adoption of an Ordinance Amending the Zoning Map to
Change the Zone Designation for Approximately 0.30 Acre at 4261 and
4273 El Camino Real (Dinah’s Hotel) from RM-15 (Low Density
Residential Multi-Family) to CS(L)(D) (Service Commercial with
Landscape and Site and Design Review Combining Districts).”
*This item is quasi-judicial and subject to Council's Disclosure Policy
Director of Planning and Community Environment, Curtis Williams gave a
presentation as outlined in Staff Report CMR:357:09.
Planning and Transportation Commissioner (P&TC) Susan Fineberg said on
July 8, 2009, the P&TC voted 6-0-1 to initiate the zone change and
Comprehensive Plan Amendment. The intent was to create a
pedestrian/bicycle access and more direct connectivity between the new
park on the Redwood Gate site and the surrounding neighborhood and to
protect adjacent properties for adequate landscaping. On August 12, 2009,
P&TC held a public hearing and voted 7-0 to recommend the Council approve
the proposed project. The P&TC found the proposed Comprehensive Plan
Amendment would benefit the public interest, health, safety and welfare of
Palo Alto and the surrounding region. It would bring consistency to the land
use designation of the area and facilitate development of a better transition
between surrounding land uses. The proposed Zoning Amendment would
bring consistency to the zoning designations of the subject property and
consistent with the new Comprehensive Plan designation. She echoed the
recommendations as outlined in Staff Report CMR:357:09. The construction
of the pathway required a Conditional Use Permit and a Site and Design
Review because a nexus was not available to condition the zone change in
the Comprehensive Plan Amendment.
Council Member Kishimoto asked whether the emergency access was
necessary.
Mr. Williams said the emergency access was included in the plan but had not
yet been determined. It would be more difficult to try and include it in the
future. The access was not a requirement but would be determined if and
when the development occurred on the Dinah’s site.
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Council Member Kishimoto asked whether there was a main access to El
Camino Real.
Mr. Williams said there was.
Council Member Kishimoto asked whether another access was required.
Mr. Williams said not necessarily. The two adjacent developments had
emergency connections that were available but did not resemble emergency
access. They were shared driveways onto properties and looked more like a
pathway. Installation of an emergency access could be required in the
future if there was a need to link the developments and access could not be
made from the El Camino Real side.
Council Member Kishimoto asked if there was only one egress.
Mr. Williams said currently there were several driveways on the El Camino
Real and speculated there could be a desire for one in the future.
Council Member Kishimoto said it was not required at this point and since
the rezoning created value for the hotel, she asked if there was a way of
tying in a requirement to the easement agreement since it created economic
value to the landowner.
Mr. Williams said he did not believe there was since no development was
currently proposed and the zoning change was initiated by the City.
City Attorney, Gary Baum said there was no nexus since there was no
project development. In the event the site was to redevelop and the issue
reopened, the City could determine at that point whether there would be,
depending on what was being built.
Council Member Schmid referred to the small panhandle area in the
Proposed Rezoning Map and questioned what the color-coded area
represented.
Mr. Williams said the purple area was the actual dedicated easement. The
portion outlined in red was the area being rezoned from multi-family to
commercial and the entire panhandle area was being rezoned. The yellow
portion was unencumbered by an easement although it still had the
landscape overlay and the Site and Design. The purple portion was the
easement for the trail access.
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Council Member Schmid asked whether the public had access to the yellow
portion.
Mr. Williams said no.
Council Member Schmid said the rezoning was a very expensive process in
gaining half a parcel.
Mr. Williams said it was an issue for the Council to determine the value in
rezoning. In addition to the easement, there were no guarantees that all of
the additional development would be used. Staff felt it was valuable space
and could generate $20,000 - $200,000 a year for commercial or hotel use.
Council Member Schmid said his understanding of the development process
was the City would have no oversight if an outsider comes in with a
maximum proposal even if it involved larger buildings.
Mr. Williams clarified a Site and Design Review process would need to take
place. The Planning Department would work with the site making it
compatible with the surrounding properties.
Vice Mayor Morton asked whether the emergency access would allow other
types of vehicle usage other than bicycles or pedestrians.
Mr. Williams said only bicycles and pedestrians would be permitted.
Mayor Drekmeier said in negotiations with Dinah’s there may be a possible
request in the future of having the easement extend to El Camino Real.
Mr. Williams said at the present time, Dinah’s did not want to entertain the
option and Staff did not pursue the issue because the neighborhood had
many concerns and objected to the easement extension.
Public Hearing opened at 9:36 P.M.
Jean Olmsted, 240 W. Charleston, said she would like to see a study on
permit parking before access was opened to the public. The final decision
should be made by the Council on what was best for Palo Alto. She urged
Council to approve the zoning changes and Comprehensive Plan updates.
Deborah Ju, 371 Whitclem Drive, spoke regarding the overflow parking due
to the proposed rezoning and encouraged a parking permit program. She
was not in favor of the proposed emergency vehicle access and said there
were already two on Wilkie Way.
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Sara Armstrong, 4118 Park, asked the emergency vehicular access not be
part of the easement agreement and for the Council to direct Staff to begin
the permit parking process for the affected areas on Wilkie Way.
Herb Borock, P.O. Box 632, said the site development regulations for the
landscape overlay allowed vehicular access with a Conditional Use Permit.
Neighbors would want a better guarantee at this stage with a newly elected
Council next year.
Public Hearing closed at 9:47 P.M.
MOTION: Council Member Barton moved, seconded by Vice Mayor Morton
to: 1) Approve the Mitigated Negative Declaration, 2) Adopt the Resolution
for a Comprehensive Plan Map Amendment to change the land use
designation for approximately 13,200 square foot (sq. ft.) site from Multiple
Family Residential to Commercial Hotel, and 3) Adopt the Ordinance to
change the site’s zone district from RM-15 Multi-Family to CS(L)(D)Service
Commercial with Landscape and Site and Design Review Combining Districts.
Council Member Barton said he was in favor of allowing access to the public
park. Development on the site would potentially provide the City with
revenue and would not provide the high density housing that concerned the
surrounding area. He supported Staff’s recommendation.
Vice Mayor Morton said parks should be accessible. He was in favor of
having the barriers at the emergency vehicle access openings to prevent use
by other vehicles. He supported Staff’s recommendation.
Council Member Kishimoto asked when the path would be built.
Mr. Williams said between one and two years.
AMENDMENT: Council Member Kishimoto moved, seconded by Council
Member Klein to remove from Attachment E, Number 3, under No Vehicular
Use the words…except for emergency vehicles use (fire and police).
Council Member Barton did not accept the Amendment.
Mr. Baum said the emergency vehicle use had been requested by the City in
the interest of safety. It was not a legal requirement but a practical
requirement and was included in a signed Easement Agreement.
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Mr. Williams had raised concerns about removing an item from a signed
Easement Agreement which needed to be presented to Summerhill Homes
and could require renegotiations.
AMENDMENT RESTATED: Council Member Kishimoto moved, seconded by
Council Member Klein that it is the policy of the Council that the easement
not be used for emergency access unless Staff returns to Council with an
emergency access plan for emergency vehicles only.
Mr. Baum stated for point of clarification he asked Council Member Klein if
the emergency access plan was to return with the Site and Design Review.
Council Member Klein said yes.
Council Member Barton asked whether the panhandle currently allowed
emergency access.
Mr. Williams said he was not aware of anything that prohibited access.
Council Member Barton raised concerns because fire trucks required access
within 150 feet from all parts of a building. If the City takes away the right
to bring a fire truck in the back end, it could restrict their ability to redevelop
the site. He urged the Council to vote no on the Amendment.
Council Member Schmid said there was an economic value in keeping the
emergency access opened. An option would be to have an easement for the
entire panhandle and there would be a larger park useful to children in the
future. He asked the maker of the Motion if that was acceptable to add as a
negotiating point.
Council Member Klein asked Council Member Schmid to clarify his suggested
Amendment.
Council Member Schmid said the City was giving up 26,000 square feet of
Floor Area Ratio (FAR) for half of the panhandle and suggested offering the
security access in order to obtain the entire panhandle.
Council Member Klein did not accept the suggested Amendment.
Vice Mayor Morton said due to safety reasons he was not in favor of taking
away the emergency access. He urged the Council not to support the
Amendment.
09/14/09 105-149
Council Member Burt asked whether there was a 150 feet setback
requirement for emergency access to a development.
Mr. Williams clarified the Fire Department required that they be able to get a
hose to reach 150 feet from any point of the development.
Council Member Burt asked Staff to clarify whether the elimination of the
emergency vehicle access to the panhandle would not restrict the ability to
build at the rear of the property.
Mr. Williams said he did not anticipate that; the intent would be if there was
a hazardous situation that prevented access from El Camino Real that there
be a secondary access that would allow emergency vehicles to get through.
AMENDMENT PASSED 6-3 Barton, Drekmeier, Morton, no
AMENDMENT: Council Member Kishimoto moved, seconded by Council
Member Schmid to create a Council policy at the time of Site and Design
Review to implement a residential permit parking system with majority
neighborhood support and operating revenue neutral.
Council Member Barton advised that he would not be participating in this
Amendment due to living in close proximity.
Vice Mayor Morton did not accept the Amendment.
Council Member Barton asked the City Attorney if he would be recused from
the entire question if the Amendment was adopted.
Mr. Baum clarified that portion of the Motion would be removed allowing
Council Member Barton to participate.
Council Member Burt said it was too premature to move forward to
implement a permit parking program.
AMENDMENT FAILED: 3-5 Kishimoto, Schmid, Yeh yes, Barton not
participating.
AMENDMENT: Council Member Kishimoto moved, seconded by Council
Member XXXX that it is the intent of Council to plant redwood and oak trees
on the landscape site.
AMENDMENT FAILED DUE TO LACK OF SECOND
09/14/09 105-150
AMENDMENT: Council Member Kishimoto moved, seconded by Council
Member Burt that a path be built within one year of the opening of the park
and the pathway connector.
AMENDMENT PASSED: 8-1 Morton no
MOTION PASSED: 9-0
16. Consider Adoption of an Uncodified Ordinance Extending the Life
of Specific Permits Which are Currently Active Pursuant to Title
18 (Zoning) of the Palo Alto Municipal Code
MOTION: Council Member Klein moved, seconded by Council Member
Barton to continue Agenda Item No. 16 (Consider Adoption of an Uncodified
Ordinance Extending the Life of Specific Permits Which are Currently Active
Pursuant to Title 18 (Zoning) of the Palo Alto Municipal Code) to September
21, 2009.
MOTION PASSED: 8-1 Espinosa no
REPORTS OF OFFICIALS
17. Update on Measure N Library Bond Measure Projects; Adoption of a
Budget Amendment Ordinance 5053 in the Amount of $109,041 for
Temporary Library Facilities; Approval of a Contract with Turner
Construction Company, Inc. in the Amount of $138,198 for
Construction Management Services for the Mitchell Park Library and
Community Center and the Downtown Library and Approval of
Amendment No. 1 to Contract C09130744 with Group 4 Architecture to
add $92,034 for a Total Not to Exceed Amount of $3,919,324 for
Measure N Library Projects Capital Improvement Program Projects PE-
009006 and PE-09005, PE-09010.
Assistant Public Works Director, Mike Sartor said Staff was aware of
concerns of some members of the public regarding the Downtown Library
and said the recommended contract actions were not related to the such
concerns.
Library Director, Diane Jennings gave a presentation based on Staff Report
CMR:368:09.
Dawn Merkes, Group 4 Architecture said the Downtown Library and the
Mitchell Park Library and Community Center project were both on schedule.
The Downtown Library was in the construction document phase and Mitchell
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Park Library and Community Center completed a 100 percent Design and
Development and moved to a construction document phase. Both projects
were moving forward to bid in Spring of 2010. Staff Report CMR:368:09
gave a breakdown of the Board and Commission meetings held to date. The
Mitchell Park Library and Community Center project was well received and
the design was approved. A Park & Recreation Commission (PARC) meeting
was scheduled for September 22, 2009 and a Teen Workshop and
Community Meeting were scheduled for October 29, 2009 to provide updates
regarding the projects. Group 4’s presentation included Design
Development updates, Sustainable Strategies, 100 percent Design
Development of both projects, and site plans as shown in the slide
presentation.
Council Member Barton raised concerns regarding the room where the
temporary library was to be housed. He said it was highly utilized by the
community and asked whether there was a schedule outlined for usage of
the room.
Recreation Manager, Rob DeGeus said there would be a variety of spaces
that would be available once the Jewish Community Center (JCC) vacated
the Cubberley Community Center.
Council Member Schmid addressed the parking problem at the Cubberley
Community Center and had concerns of a parking crisis once the library
traffic was added.
Interim Director of Community Services, Greg Betts said with the JCC’s
reduced programming, Staff believed Cubberley would be able to
accommodate the parking demands.
Council Member Schmid asked whether the bookshelves in the temporary
program room were included in the Downtown Library collection of 17,000
volumes.
Ms. Jennings said they were included.
Council Member Schmid said the space north of the temporary program
room was adequate for additional shelving that would make the room more
acceptable for library activities.
Council Member Yeh said the community had raised concerns regarding the
capacity for collections in the Downtown Library and questioned the height
and the number of shelves available in each of the shelving units.
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Ms. Jennings said the height of the shelves would be the same as the
existing shelves. The units that were used for browsing were not as high
and similar to the bookstore-style shelves. It would allow the collections to
be displayed in an attractive manner, giving the area a more pleasant
atmosphere, and the capability to view the patio.
Council Member Yeh said the community had expressed an interest of having
a computer layout similar to the cubicle approach at the Mitchell Park
Library. He asked how the Downtown Library layout was reached versus the
existing computer configuration layout at Mitchell Park Library.
Ms. Merkes said the design for the Downtown Library layout had not been
designed. The computer station tables could have dividers installed between
the computers with privacy screens and could easily be included in the
design. All of the tables would have power and data for personal computer
use making the seating stations a technology station with wireless
provisions.
Council Member Yeh asked whether there had been a cost benefit analysis of
looking at certain collections versus laptop usage being higher in the
Downtown Library than other branches.
Ms. Jennings said each branch was not viewed in that respect. If more
electronic or downloadable books were offered they would be available to
everyone who had a library card. It was more a common practice for
patrons to bring their own laptop to all the branches including Downtown.
Since this was an evolving area the floor space would be designed to
accommodate the possibility of the print collection decreasing making more
study and table space for the public to use personal devices.
Council Member Yeh asked whether the program room could be addressed if
it was in use with no access to the West Terrace.
Ms. Merkes said without taking away functional library space and providing
some kind of passage way to allow people to come through the patio, there
was no access unless there was an exterior passage from the perimeter of
the building.
Council Member Burt asked what the proposed shelf height was on the
permanent shelving.
Ms. Jennings said it was 66 inches which would allow six shelves.
Council Member Burt asked what the shelf height was in Main Library.
09/14/09 105-153
Ms. Jennings it was close to 90 inches.
Council Member Burt asked the shelf height at Mitchell Park Library.
Ms. Jennings said it was a mixture with mostly high shelves. It was
important to remember that people do not like to get down too low or having
to reach extremely high.
Council Member Burt said there was an issue of how to accommodate future
volume expansion and the choice of having either 66 or 90 inch shelves did
not sound logical.
Ms. Jennings said that was the gradient in inches and could be reviewed.
Council Member Schmid raised concerns regarding Mitchell Park as being a
Center and questioned the placement of the large sculpture at the Mitchell
Park Library on Middlefield Road and the snack bar located in the parking lot
with no seating accommodations and being cutoff from the large inner-plaza.
Ms. Merkes said the café intends to provide exterior seating along the café
area with interior seating in the courtyard being developed where people
could bring books and utilize the seating area under the trees. Secluded
tables will be placed closer to the courtyard.
Pat Markevitch, Parks and Recreation Commission Chairperson, 231 Emerson
Street, said the Commission was pleased with the Mitchell Park Library
design and appreciated how Group 4 was transparent in their communication
and were anxious to move forward with the project.
Alison Cormack, 3487 Ross Road, Palo Alto Library Foundation Board
representative said they were pleased with the City’s progress in renovating
all of the libraries. She said during the past year six new members had been
added to the Board, a new part-time operations manager was hired, the
donor database was upgraded and linked to the new website www.palf.org,
and the Foundation was preparing to launch their 2010 campaign.
Vic Befera, 2180 High Street, was not in favor of spending $4 million to
renovate libraries with very little being spent on books, CDs, DVDs, and
periodicals.
Enid Pearson, Palo Alto, urged the Council to redirect Staff to reconfigure the
Downtown Library with a collection of 35,000 minimum.
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Gretchen Emmons, 169 Walter Hays Drive, expressed the need for more
books and materials at the Downtown Library.
Susie Thom, 753 Maplewood Place, said the Library Advisory Commission’s
(LAC) vision was for the library system to include modern, comfortable and
adaptable spaces and expected to add 71,000 in collections and items to the
City’s collections. The Downtown and College Terrace Libraries focused on
high interest and high demand items with the core collection being housed at
Mitchell Park and at the Main library.
Valerie Stinger, 721 Christine Drive, spoke of the Downtown Library and
gave an update of what the LAC went through during the progress of the
library plans.
John Hackmann, 235 Embarcadero, said he was pleased with the library
plans but expressed the need for the Downtown Library collection to be
larger. It did not adequately serve the community from a book perspective.
Ellen Wyman, 546 Washington, urged the Council to follow-through with a
promise to increase collections and add more public space to the Library.
Herb Borock, PO Box 632, urged the Council to change the library floor plan
strictly for library use only and the space not be used by other City
departments and outside entities.
Joyce McClure, 1005 Bryant Street, said the proposed plan did not
accomplish what the community had voted for and wanted. The design
should be restored to its original community-friendly design, the capability to
support a larger collection, and to provide an attractive setting for library
patrons.
Elaine Meyer, 609 Kingsley, said the design should allow for a collection to
attract users and be an asset to downtown.
Jeff Levinsky, 1682 Hamilton Avenue, said voters were told Measure N would
lead to a better collection. He said $4 million was being spent on the
Downtown Library, another $4 million to relocate the staffing, making
collections rank last.
Council Member Espinosa said by moving the Staff space out of the
Downtown Library, it would allow for a larger collection and promote a
stronger library.
09/14/09 105-155
MOTION: Council Member Barton moved, seconded by Vice Mayor Morton
to: 1) Adopt a Budget Amendment Ordinance in the amount of $109,041 to
increase appropriation for CIP Project Community Center and Library-
Temporary Facilities (PE-09010); 2) Authorize the City Manager or his
designee to execute the contract with Turner Construction Company, Inc., in
an amount not to exceed $138,198, for initial construction management
services for the Downtown Library and for the Mitchell Park Library and
Community Center, including a total of $13,361 for additional services, and
3) Authorize the City Manager or his designee to execute Contract
Amendment No. to add $92,034 for additional services with Group 4
Architecture for design of the Temporary Library (PE-09010) for a total not
to exceed $3,919,314.
Council Member Barton said the issue was not to talk about changing plans,
elevations, sections, or LEED certification. It was to get additional dollars for
the temporary library facilities and to pay the architect for the added work
associated with the design. He was not in favor of changing the plans but
spoke of the importance of moving forward with the construction.
AMENDMENT: Council Member Burt moved, seconded by Council Member
Espinosa to: 1) Direct Library Staff and Library Advisory Commission to
review additional space for collections in the Downtown Library, 2)
Reconsider relocation of Administrative Staff to Mitchell Park Library or Main
Library, and 3) Evaluate space for additional computers at the downtown
library.
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER to include the possibility of moving Library
Administrative Staff to City Hall.
Council Member Klein asked if there would be a delay in the implementation
of Measure N’s building schedule if the Amendments were passed.
Mr. Sartor said the Downtown Library schedule was three months ahead of
Mitchell Park Library and Community Center. Staff had internal discussions
as whether to bid both at the same time. The three months of float time
could be used to review space at the Downtown Library without impacting
the construction of the Mitchell Park Library and Community Center.
Council Member Klein said that timeframe was for a study. He asked if there
would be a delay in starting the construction of the Downtown and/or
Mitchell Park Library and the Community Center if the Council were to direct
Staff on the suggested changes.
09/14/09 105-156
Mr. Sartor said it would cause a delay for the Downtown Library but he could
not provide an estimated time for the delay.
Council Member Klein asked whether there would there be a delay in the
construction of the Mitchell Park Library if the offices were moved from
Downtown to Mitchell Park.
Mr. Sartor said Staff would need to configure where to place the
Administrative Staff which would cause a delay at the Mitchell Park Library.
Council Member Klein asked what the estimated delay would be.
Mr. Sartor said it would be a 1-2 month delay. He suggested looking at the
Main Library or other sites for potential locations in order to keep Mitchell
construction on track.
Council Member Klein asked whether footage space at Mitchell would be
reduced if the Administrative Staff were moved to Mitchell.
Ms. Jennings said it would reduce the public space. The Administrative
Offices were to be placed in 750 square feet space at the Downtown Library.
Alison Cormack clarified there would be an increase in space for collections,
but not an increase of collections at the Mitchell Park.
Ms. Jennings said the Library Service Model Analysis and Recommendations
(LSMAR) did not specify a number but anticipated an increase of 70,000 at
Mitchell Park and 5,500 at Downtown.
Council Member Klein said if the collections were increased at the Downtown
Library by 15,000 to 20,000 items the two choices were either to reduce the
increase at Mitchell, or find additional funds to pay for the 15,000 to 20,000
items.
Ms. Jennings said that was correct.
Council Member Schmid said he was in favor of relocating the Library
Director to Mitchell Park Library because of the current market and economic
climate and the political health of the City.
Vice Mayor Morton said the bulk of the Administrative area was for staffing
to run the Downtown Library and he urged the Council not to send the entire
plan back for redesign. He suggested moving forward and in the future to
look at converting the program room to library space if it was not used.
09/14/09 105-157
Council Member Kishimoto asked if the intent of the space was to be used
for larger collections.
Council Member Burt said it was for collections to enable expansion of space
in the future.
Council Member Kishimoto asked whether the intent was to have the item
return to the Council.
Council Member Burt said it was his understanding that the Downtown
Library layout would come back to the Council one way or another.
City Manager, James Keene said in order to stay on track with the current
design there were ways to inform the Council where Staff was with the
project but not bring it back to the Council for detailed review or redesign.
Council Member Burt said he did not want to micro-manage the design and
was comfortable in not returning to the Council.
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER that the design of the Downtown Library is to
come back as an information item to Council.
Council Member Yeh raised concerns regarding the Downtown Library not
being included in Link Plus.
Ms. Jennings said all library users could use Link Plus, but would need to
pickup the item at the Main Library because Link Plus configuration was
different from most of the libraries in that consortium, and it would require
added funds to load the proper software on all PCs at the various branches.
Vice Mayor Morton said for clarification that Link Plus was not available at
College Terrace or Mitchell Park Libraries.
Council Member Yeh asked whether Link Plus could be used for collections or
meeting spaces.
Ms. Jennings said it was sometimes difficult to find meeting space at City
Hall.
Council Member Yeh said the Downtown Library’s primary interest was the
impact on collections based on the existence of Staff space and whether or
09/14/09 105-158
not Staff space in the Downtown Library location had a negative impact on
the size of collections in the Downtown branch.
Ms. Jennings said under the current plan for the Downtown Library, one-
third of the space was not administrative space. A total of 25 percent of all
the space at Downtown was for Staff including Staff that served the public
and the public service desk area. The overall administrative space that
served the entire library system was 1 percent of the total square footage.
She recommended not taking away space from Mitchell Park since it was the
only library in that half of Palo Alto which served a large volume of
community.
Council Member Kishimoto said the Downtown Library never felt like a real
library to her. There was not a commitment in making it a welcoming, full
functioning library either through services or collections. The children’s
section seemed to only have 600 children’s books. She was looking to move
the Director’s office to either Mitchell Park or the Main Library. She
supported the Motion.
Council Member Klein said the reduced construction costs would not last
forever and the City should take advantage of it. The voters were promised
that the project would move along expeditiously and by not doing so the City
would not be keeping faith. If the City were to move along the lines of the
proposed Amendment there would be a dispute between the people living at
the Mitchell Park area and those who were advocates of the branch they
used the most. People who lived in the Mitchell Park area had been
underserved for a long period of time and the Mitchell Park Library was far
behind in standards. Mitchell Park residents were the driving force of what
became Measure N. He said savings from the Bond issues could not be used
to purchase collections.
Council Member Barton asked what the square footage was of the Mitchell
Park Library.
Ms. Merkes said it was 36,000 square feet.
Council Member Barton asked what the footage was for public space.
Ms. Merkes said approximately two-thirds or 24,000 square feet.
Council Member Barton said if 750 square feet were removed from the
24,000 square feet there would be a minimum of a 6-month delay. He did
not support the Motion.
09/14/09 105-159
Council Member Espinosa said there would not be a long delay factor since a
buffer was built in to the timeline. The Council was not approving a different
design but reevaluating the design. He encouraged the Council to look at
the big picture and that the focus was on a small size space. If the offices
and conference room and portions of the workspace were to move to
another location, the entire administrative space would be designed to make
the library more inviting and having the capability to increase the collection
making it a real library.
Mayor Drekmeier supported the idea of increased collection at the Downtown
Library but did not support the Amendment. He supported the main Motion.
AMENDMENT PASSED: 5-4 Barton, Drekmeier, Klein, Morton no
MOTION AS AMENDED PASSED: 9-0
MOTION: Council Member Barton moved, seconded by Council Member
Espinosa to move directly to the Closed Session.
Council adjourned to the Closed Session at 12:41 a.m.
CLOSED SESSION
18. CONFERENCE WITH LABOR NEGOTIATORS
Agency Negotiator: City Manager and his designees pursuant to
Merit System Rules and Regulations (James Keene, Kelly Morariu,
Russ Carlsen, Sandra Blanch, Darrell Murray, Marcie Scott, Lalo Perez,
Joe Saccio)
Employee Organization: Local 521 Service Employees International
Union
Authority: Government Code Section 54957.6(a)
CONFERENCE WITH LABOR NEGOTIATORS
Agency Negotiator: City Manager and his designees pursuant to the
Merit System Rules and Regulations (James Keene, Kelly Morariu,
Russ Carlsen, Sandra Blanch, Darrell Murray, Lalo Perez, Joe Saccio,
Marcie Scott)
Employee Organization: Unrepresented Employee Group Management
and Professional Personnel and Council Appointees
Authority: Government Code section 54957.6(a)
CONFERENCE WITH LABOR NEGOTIATORS
Agency Negotiator: City Manager and his designees pursuant to
Merit System Rules and Regulations (James Keene, Kelly Morariu,
09/14/09 105-160
Russ Carlsen, Sandra Blanch, Darrell Murray, Marcie Scott, Lalo Perez,
Joe Saccio)
Employee Organization: Palo Alto Peace Officers’ Association
Authority: Government Code Section 54957.6(a)
Mayor Drekmeier advised no reportable action taken.
ADJOURNMENT: The meeting adjourned at 2:10 a.m.
ATTEST: APPROVED:
City Clerk Mayor
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