HomeMy WebLinkAbout2003-11-24 City Council Summary Minutes11/24/03 1
Special Meeting
November 24, 2003
1. Study Session with the Planning and Transportation Commission re:
Charleston/Arastradero Corridor Plan...............................................3
ADJOURNMENT.....................................................................................3
ORAL COMMUNICATIONS.......................................................................4
2. Recommendation to Direct the City Manager to Pursue Special
Legislation to Correct an Anomaly in State Law Regarding Conflict of
Interest.......................................................................................5
APPROVAL OF MINUTES .........................................................................8
3. Ordinance 4808 entitled “Ordinance of the Council of the City of Palo
Alto Adopting the South of Forest Area Coordinated Area Plan, Phase 2
and Amending Section 18.08.040 of the Palo Alto Municipal Code (The
Zoning Map) to Change the Classification of Certain Properties
Generally Bounded by Forest Avenue, Ramona Street, Addison
Avenue, and Alma Street to South of Forest Area, Phase 2 Districts”....9\\
4. Ordinance 4809 entitled “Ordinance of the Council of the City of Palo
Alto Amending Chapter 2.08 of Title 2 of the Palo Alto Municipal Code
to Revise Sections 2.08.020 [Approval Of City Manager's
Appointments], 2.08.210 [Department Of Community Services] and
Add Section 2.08.230 Creating a New Department of Libraries”...........9\\
5. Approval of Resolution Adopting Memorandum of Agreement Between
the City of Palo and International Association of Fire Fighters (IAFF,
Local 1319) Memorandum of Agreement and Resolution Adopting
Compensation Plan .......................................................................9
6. Approval of Resolution Adopting Memorandum of Agreement Between
the City of Palo Alto and the Palo Alto Fire Chiefs Association and
Resolution Adopting Compensation Plan...........................................10
7. Approval of Resolution Electing to Establish a Health Benefit Vesting
Requirement for Future Retirees Under the Public Employees’ Medical
11/24/03 2
and Hospital Care Act (PEMHCA) for IAFF, Local 1319, International
Association of Firefighters and Fire Chiefs Association ........................10
8. Approval of Resolution Fixing the Amount of the City’s Contribution
Under the Public Employees Medical and Hospital Care Act (PEMHCA)
Health Plans at the Specified Current Peace Officers Research
Association (PORAC) Rates for IAFF, Local 1319, International
Association of Firefighters (IAFF) and Fire Chiefs Association...............10
9. Human Relations Commission Recommendation to the City Council to
Adopt a Resolution Supporting the Prohibition of Racial Profiling in the
City of Palo Alto............................................................................11
10. Adoption of a Resolution Authorizing the Housing Authority of the
County of Santa Clara to Issue Bonds and Acquire Mortgage Loans to
Finance the Acquisition and Construction of a Multifamily Rental
Housing Project in the City of Palo Alto ............................................11
11. Adoption of the Bicycle Transportation Plan and Addendum to the
Comprehensive Plan Update Final Environmental Impact Report..........11
12. Appointment of Patricia DiCicco to the Historic Resources Board for an
Unexpired Term ending May 31, 2004..............................................11
13. The Finance Committee Recommend to the City Council Introduction of
the Ordinance of the Council of the City of Palo Alto Approving Natural
Gas Master Agreements with BP Energy Company, Conoco Phillips Inc.,
Coral Energy Resources L.P., Duke Energy Marketing America LLC, and
Sempra Energy Trading Corporation for Procurement of Natural Gas
and Authorizing the City Manager to Transact up to $50 Million with
Each Supplier Under These Agreements ...........................................11
14. The Finance Committee recommends to the City Council Acceptance of
the Auditor’s Office Quarterly Report ...............................................12
15. Public Hearing: The City Council will consider an application by
Cartmell/Tam Architects on behalf of David Ditzel for a Site and Design
Review for property located at 4010 Page Mill Road ...........................12
16. Colleague Memo from Mayor Mossar and Vice Mayor Beecham
regarding the First City Council Meeting in January............................12
16A. Verbal Report from Council CAO Ad Hoc Committee Regarding
Selection of Executive Recruitment Firm for City Attorney Recruitment.13
17. Conference with City Attorney -- Existing Litigation............................14
FINAL ADJOURNMENT............................................................................14
11/24/03 3
Special Meeting
November 24, 2003
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:02 p.m.
CITY COUNCIL
PRESENT: Beecham, Burch, Freeman, Kishimoto, Kleinberg,
(teleconferencing from Boca Raton, FL), Lytle (arrived at 6:55 p.m.),
Mossar, Ojakian
ABSENT: Morton
PLANNING AND TRANSPORTATION COMMISSION
PRESENT: Bialson, Cassel (arrived at 6:22 p.m.), Griffith, Holman, Packer
ABSENT: Bellomo, Burt
SPECIAL MEETING
1. Study Session with the Planning and Transportation Commission re:
Charleston/Arastradero Corridor Plan
City Council and the Planning and Transportation Commission convened in a
joint study session to receive and discuss a progress report regarding the
Charleston-Arastradero Corridor Plan, which Council on 14 April 2003
directed staff to complete by 31 January 2003 (CMR:430:03). A staff report
(CMR:524:03) was prepared and sent in advance of the study session to
members of Council and the Commission. The Director of Planning and
Community Environment presented opening remarks, followed by the Chief
Transportation Official and Mr. Terry Bottomley of Bottomley and Associates
who gave presentations on the Corridor Plan. A public comment period
followed these presentations. Members of Council and the Planning and
Transportation Commission asked staff questions regarding the proposed
Charleston-Arastradero Corridor Plan and discussed both the provisions and
the underlying concepts of the Plan. Members of both bodies made
statements as regards the purpose of the Corridor Plan and associated
implementation issues.
No action required.
ADJOURNMENT: The meeting adjourned at 8:03 p.m.
11/24/03 4
Special Meeting
November 24, 2003
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 8:08 p.m.
PRESENT: Beecham, Burch, Freeman, Kishimoto, Kleinberg,
(teleconferencing from Boca Raton, FL) Lytle, Mossar, Ojakian
ABSENT: Morton
ORAL COMMUNICATIONS
Eugene Nickell, 900 Loma Verde Avenue, spoke regarding the Business
Improvement District (BID).
Charlotte Nasr, 101 Alma, spoke regarding opposition to roadblocks – North
Downtown Traffic Calming.
Jane Stern, 230 Emerson, spoke regarding street calming project.
Ed Glazier, 255 Everett Avenue, spoke regarding Traffic Calming Downtown
North.
Stanley Smith, 610 Wildwood Lane, spoke regarding the flood danger next
month.
Norman Carroll spoke regarding road signage.
Mayor Mossar announced the Federal government had approved New Start
Funding of $100,000 for San Francisquito Creek and $100,000 for flooding
issues of the Bay.
SPECIAL ORDERS OF THE DAY
1. Appointment of Candidates to the Architectural Review Board (ARB)
Mayor Mossar proposed to continue the appointment to the December 1,
2003, regular City Council meeting, and hold an interview at 5:45 p.m. on
December 1 for Mr. Jessup.
BY A CONSENSUS OF COUNCIL to interview Mr. Jessup for the
Architectural Review Board (ARB) on December 1, 2003, at 5:45 p.m. and
continue the appointment of the ARB to the regular agenda at 7 p.m. on
December 1, 2003
REPORTS OF OFFICIALS
11/24/03 5
2. Recommendation to Direct the City Manager to Pursue Special
Legislation to Correct an Anomaly in State Law Regarding Conflict of
Interest
Mayor Mossar would not participate in the item due to a conflict of interest
because her husband was employed by Stanford University.
Vice Mayor Beecham said Senator Byron Sher and Assemblyman Joe
Simitian would be asked to carry a small Bill to the State in January to clarify
the law was intended to apply to non-profit entities.
Council Member Burch asked for the difference between sitting Council
Members who recused themselves because of conflict of interest and the
current issue.
Vice Mayor Beecham said State Government Code 1090 prohibited the City
to contract with a company when an employee sitting on the council had
been with the company for less than three years.
Council Member Kleinberg asked about LaDoris Cordell’s previous
employment with Stanford being added to meet the three-year minimum.
Interim Attorney Wynne Furth said Section 1091-B2 stated employees of the
contracting party needed to be employed for at least three years prior to the
officer originally accepting his or her office.
MOTION: Council Member Burch moved, seconded by Lytle, to approve the
staff recommendation to direct the City Manager and Vice Mayor Beecham to
pursue, with the support of Stanford University, special legislation to correct
the anomaly in California law that precludes any contracts or agreements
between Stanford University and the City of Palo Alto in the event that an
employee of Stanford University becomes a member of the City Council.
Herb Borock, P.O. Box 632, recommended determination whether LaDoris
Cordell’s prior employment by the Stanford Law School would be counted
towards the three years and a determination if January 1, 2004 were the
date that applied if she were to take the Oath of Office on March 1, 2004.
Bunny Good, P.O. Box 824, Menlo Park, suggested the word “archaic” not be
used when referring to the law.
Martin Stone, 260 El Verano, said LaDoris Cordell should not have been
allowed to run for election. The mistake needed to be corrected so not to
disenfranchise the citizens of the City.
11/24/03 6
Vice Mayor Bern Beecham said Council Member-Elect LaDoris Cordell was
eligible to take her seat. Code 1090 did not have an agency or commission
that would be responsible for its implementation or administration.
Council Member Lytle said LaDoris Cordell was appropriately elected. It was
believed Ms. Cordell was exempt from the provision due to Stanford’s non-
profit status.
Council Member Ojakian asked what Stanford agreements and dollar
amounts would be at risk.
City Manager Frank Benest said there were millions of dollars at risk.
Council Member Ojakian asked if a list of agreements with Stanford had
been produced to keep the public informed.
Mr. Benest said a list could be identified.
Council Member Ojakian said it would be beneficial to define why the issue
was being approached in the manner it was. Possibly the dates of the
contract renewals should be shown. He asked what would happen if the
legislature did not change the legislation.
Mr. Benest said there was difficulty with the ongoing contracts that might
come up for renewal or amendment. They could not be renewed or
amended except on a case-by-case basis. Separate legal analysis would
need to be made.
Ms. Furth said the City’s first step would be to look for alternate parties with
whom to contract.
Council Member Ojakian said the City would be in jeopardy of losing
contracts with Stanford.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to ask the City Attorney to get a definitive
binding ruling with the Stanford University Attorney on the previous years
served by LaDoris Cordell.
Council Member Freeman asked for a list of relevant Stanford contracts that
would be at risk within the next three months.
Mr. Benest said no Stanford contracts would be at risk in the first quarter of
2004.
11/24/03 7
Ms. Furth said the routine agreements with the Stanford Research Park for
basic provisions of utilities needed to be handled.
Council Member Freeman asked if there were issues in the first three
months.
Mr. Benest said from the City’s review, it was believed that there were not
any contracts with Stanford in the first three months of 2004.
Ms. Furth said she believed that everything known could be managed.
Council Member Kleinberg asked about the Mayfield site.
Mr. Benest said the City and Stanford had agreed to a cost sharing provision
for the supplemental Environmental Impact Report (EIR), which would come
to the Council before January 1, 2004. The City was the lead agency for the
environmental assessment and an agreement with Stanford was not needed.
The Mayfield Development Agreement would not be made until late spring or
summer.
Council Member Freeman said the legislation would be regarding Council
Members voting and if staff would be permitted to work on issues without a
vote of the Council.
Mr. Benest said the contract had already been entered into and work should
continue on the Supplemental EIR. Staff would stop negotiating as of
January 1, 2004 on any development agreement with Stanford related to
Mayfield.
Ms. Furth said there were no specific cases where a conflict ceased because
Section 1090 was amended. The negotiations with Stanford on the
Development Agreement would need to be stopped as of January 1, 2004
and not resumed until after the legislation was received.
Council Member Freeman asked if the City’s Municipal Code could be an
option.
Vice Mayor Beecham said State law governed over City code.
Council Member Freeman said she was referring to the swearing-in date.
Vice Mayor Beecham said that would require a charter amendment.
11/24/03 8
Council Member Freeman said a matrix would be helpful to see all the
options available. She asked that responsibility be given to someone to
verify eligibility of candidates.
Ms. Furth said it was lawful for Council Member-Elect Cordell to take office.
The issue was the ability of the City to make contracts.
Vice Mayor Beecham said the issue could be referred to the Policy and
Services Committee.
Council Member Lytle said the election was valid. The issue was the City
had a legal problem with contracts.
Council Member Kishimoto said the conflict of interest laws were important
and were taken seriously.
Council Member Freeman asked Ms. Furth the difference between a trust and
a corporation.
Ms. Furth said a corporation was an entity chartered by the state. A trust
was an agreement between the donor and a trustee who was handed
something of value. The trust would be managed for the benefit of
beneficiaries under a set of instructions. Stanford was a tax-exempt trust
with corporate powers.
MOTION PASSED 7-0, Mossar “not participating,” Morton absent.
Council Member Kleinberg and Interim City Attorney Wynne Furth left the
meeting at 9:08 p.m.
Council Member Freeman asked if the vote included evaluating Council
Member-Elect Cordell’s term of employment at Stanford.
Vice Mayor Beecham said it did.
APPROVAL OF MINUTES
John Fredrich, 210 Homer Avenue, #3, asked for the October 7, 2003
Council Minutes to be corrected. He read from the City Manager’s Report
459:03 in Section 1 and asked that the following be added; “By the
development agreement, the City would accept the lease as mitigation for
any community service impacts on the City resulting from the development
at Stanford authorized by the county in December 2000.”
11/24/03 9
MOTION: Council Member Burch moved, seconded by Kishimoto, to
approve the minutes of October 7, 2003, as corrected.
MOTION PASSED 7-0, Kleinberg, Morton absent.
CONSENT CALENDAR
Bunny Good, P.O. Box 824, Menlo Park, spoke regarding Item No. 10 and
about the need for voter approval for the Opportunity Center.
Mayor Mossar would not participate in Item No. 3 due to a conflict of interest
because she owned property near the SOFA area.
MOTION: Council Member Burch moved, seconded by Ojakian, to approve
Consent Calendar Items 3-14.
LEGISLATIVE
3. Ordinance 4808 entitled “Ordinance of the Council of the City of Palo
Alto Adopting the South of Forest Area Coordinated Area Plan, Phase 2
and Amending Section 18.08.040 of the Palo Alto Municipal Code (The
Zoning Map) to Change the Classification of Certain Properties
Generally Bounded by Forest Avenue, Ramona Street, Addison
Avenue, and Alma Street to South of Forest Area, Phase 2 Districts” (1st
reading passed 11/10/03, 5-1, Ojakian “no,” Morton, Mossar “not participating,” Kleinberg absent)
4. Ordinance 4809 entitled “Ordinance of the Council of the City of Palo
Alto Amending Chapter 2.08 of Title 2 of the Palo Alto Municipal Code
to Revise Sections 2.08.020 [Approval Of City Manager's
Appointments], 2.08.210 [Department Of Community Services] and
Add Section 2.08.230 Creating a New Department of Libraries” (1st
Reading 11/10/03, Passed 8-0, Kleinberg absent)
5. Approval of Resolution Adopting Memorandum of Agreement Between
the City of Palo and International Association of Fire Fighters (IAFF,
Local 1319) Memorandum of Agreement and Resolution Adopting
Compensation Plan
Resolution 8362 entitled “Resolution of the Council of the City of Palo
Alto Adopting a Compensation Plan for Fire Department Personnel
(IAFF) and Rescinding Resolution Nos. 8030, 8243, 8252 And 8300”
Resolution 8363 entitled “Resolution of the Council of the City of Palo Alto Amending Section 1501 of the Merit System Rules and Regulations Regarding the Memorandum of Agreement Between the City of Palo Alto and Local 1319, International Association of Fire Fighters”
11/24/03 10
6. Approval of Resolution Adopting Memorandum of Agreement Between
the City of Palo Alto and the Palo Alto Fire Chiefs Association and
Resolution Adopting Compensation Plan
Resolution 8364 entitled “Resolution of the Council of the City of Palo
Alto Adopting a Compensation Plan for Palo Alto Fire Chiefs’
Association Management Personnel and Rescinding Resolution Nos.
8125, 8245 And 8254”
Resolution 8365 entitled “Resolution of the Council of the City of Palo
Alto Amending Section 1801 of the Merit System Rules and
Regulations Regarding the Memorandum of Agreement Between the
City of Palo Alto and the Palo Alto Fire Chiefs’ Association”
7. Approval of Resolution Electing to Establish a Health Benefit Vesting
Requirement for Future Retirees Under the Public Employees’ Medical
and Hospital Care Act (PEMHCA) for IAFF, Local 1319, International
Association of Firefighters and Fire Chiefs Association
Resolution 8366 entitled “Resolution of the Council of the City of Palo
Alto Electing to Establish a Health Benefit Vesting Requirement for
Future Retirees from the Palo Alto Fire Chiefs' Association Under the
Public Employees' Medical and Hospital Care Act”
Resolution 8367 entitled “Resolution of the Council of the City of Palo
Alto Electing to Establish a Health Benefit Vesting Requirement for
Future Retirees from Local 1319, International Association of Fire
Fighters Under the Public Employees' Medical And Hospital Care Act”
8. Approval of Resolution Fixing the Amount of the City’s Contribution
Under the Public Employees Medical and Hospital Care Act (PEMHCA)
Health Plans at the Specified Current Peace Officers Research
Association (PORAC) Rates for IAFF, Local 1319, International
Association of Firefighters (IAFF) and Fire Chiefs Association
Resolution 8368 entitled “Resolution of the Council of the City of Palo
Alto Fixing the Employer's Contribution Under the Public Employees'
Medical and Hospital Care Act With Respect to Members of the Palo
Alto Fire Chiefs' Association and Rescinding Resolution No. 8068”
Resolution 8369 entitled “Resolution of the Council of the City of Palo
Alto Fixing the Employer's Contribution Under the Public Employees'
Medical and Hospital Care Act with Respect to Members of Local 1319,
International Association of Fire Fighters and Rescinding Resolution
No. 8069”
11/24/03 11
9. Human Relations Commission Recommendation to the City Council to
Adopt a Resolution Supporting the Prohibition of Racial Profiling in the
City of Palo Alto
Resolution 8370 entitled “Resolution of the Council of the City of Palo
Alto Regarding Racial Profiling”
10. Adoption of a Resolution Authorizing the Housing Authority of the
County of Santa Clara to Issue Bonds and Acquire Mortgage Loans to
Finance the Acquisition and Construction of a Multifamily Rental
Housing Project in the City of Palo Alto
Resolution 8371 entitled ”Resolution of the Council of the City of Palo
Alto Authorizing the Housing Authority of the County Of Santa Clara to
Issue Bonds and Acquire Mortgage Loans to Finance the Acquisition
and Construction of a Multifamily Rental Housing Project in the City of
Palo Alto”
11. Adoption of the Bicycle Transportation Plan and Addendum to the
Comprehensive Plan Update Final Environmental Impact Report
Resolution 8372 entitled “Resolution of the Council of the City of Palo
Alto Certifying the Comprehensive Plan Environmental Impact Report
as the Environmental Document for the Bicycle Transportation Plan,
Certifying an Addendum to the Environmental Impact Report,
Restating the Statement of Overriding Considerations Contained in the
Environmental Impact Report, and Amending the 1998-2010 City of
Palo Alto Comprehensive Plan by Adopting the 2003 Palo Alto Bicycle
Transportation Plan”
ADMINISTRATIVE
12. Appointment of Patricia DiCicco to the Historic Resources Board for an
Unexpired Term ending May 31, 2004
COUNCIL COMMITTEE RECOMMENDATION
13. The Finance Committee Recommend to the City Council Introduction of
the Ordinance of the Council of the City of Palo Alto Approving Natural
Gas Master Agreements with BP Energy Company, Conoco Phillips Inc.,
Coral Energy Resources L.P., Duke Energy Marketing America LLC, and
Sempra Energy Trading Corporation for Procurement of Natural Gas
and Authorizing the City Manager to Transact up to $50 Million with
Each Supplier Under These Agreements
11/24/03 12
Ordinance 1st Reading entitled “Ordinance of the Council of the City of
Palo Alto Authorizing the City Manager to Purchase a Portion of the
City's Natural Gas Requirements from Certain Prequalified Natural Gas
Suppliers Under Specified Terms and Conditions During Calendar Years
2004 through 2009, Inclusive”
14. The Finance Committee recommends to the City Council Acceptance of
the Auditor’s Office Quarterly Report
MOTION PASSED 6-0 for Item No. 3, Mossar “not participating,” Kleinberg,
Morton absent.
MOTION PASSED 7-0 for Item Nos. 4-14, Kleinberg, Morton absent.
PUBLIC HEARINGS
*15. Public Hearing: The City Council will consider an application by
Cartmell/Tam Architects on behalf of David Ditzel for a Site and Design
Review for property located at 4010 Page Mill Road to allow a 1,677
square-foot addition to an existing 3,433 single-family residence and
construction of a new swimming pool, including a request for the
following variances: a 29’ 6” side yard setback where a 30’ setback is
required, construction of an exterior stairway and landing having a 46’
front yard setback and construction of a new garage having a 69’ front
yard setback where a 200’ setback is required, and a total impervious
surface area of 20.7%, where 3.5% is normally the maximum allowed.
*This item is quasi-judicial and subject to Council's Disclosure Policy
MOTION: Council Member Ojakian moved, seconded by Beecham, to
continue the item to a date uncertain at the request of staff.
MOTION PASSED 7-0, Kleinberg, Morton absent.
COUNCIL MATTERS
16. Colleague Memo from Mayor Mossar and Vice Mayor Beecham
regarding the First City Council Meeting in January
MOTION: Council Member Burch moved, seconded by Beecham, to direct
staff to plan a regular agenda, taking into account that some amount of time
would be required for election of the mayor and vice mayor; for the
recognition of Mayor Mossar’s service over the past year and the departure
of Council Member Lytle; and swearing-in new Council Member LaDoris
Cordell, and referral to Policy and Services Committee for the establishment
of a policy for future years.
11/24/03 13
Council Member Kishimoto asked for a supplemental motion to make the
practice clear for future years.
Mayor Mossar said the issue should be referred to the Policy and Services
Committee.
Council Member Ojakian asked if the three incumbents’ swearing-in would
occur at the same meeting.
Mayor Mossar said the new and re-elected council members would be sworn
in.
Council Member Ojakian said if enough items for an agenda required a
regular meeting, it should be separated from the selection of a mayor and a
vice-mayor so the Council and the public could get together in a social
setting.
Council Member Freeman said it should be sent to the Policy and Services
Committee.
Council Member Lytle said the ceremonial event should be separated from
the regular Council meeting.
Council Member Burch said it was a ceremonial occasion for reorganization
and recognition of the new mayor and new vice-mayor.
Mayor Mossar said Policy and Services would develop a policy for Council’s
review.
MOTION PASSED 6-1, Ojakian “no,” Kleinberg, Morton absent.
16A. Verbal Report from Council CAO Ad Hoc Committee Regarding
Selection of Executive Recruitment Firm for City Attorney Recruitment
Council Member Lytle said the Committee making the decision on selection
of the new Council Appointment Officer should be comprised of continuing
Council Members.
No action required.
11/24/03 14
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Freeman spoke regarding the vote/survey that would be
taken regarding Downtown North traffic diversion, and noted she had
attended a Santa Clara County meeting regarding flooding that day.
CLOSED SESSION
The meeting adjourned to a Closed Session at 9:37 p.m.
17. Conference with City Attorney -- Existing Litigation
Subject: Michael Schmidlin v. The City of Palo Alto, et al.; SCC # CV
794565
Subject: Authority: Government Code section 54956.9(a)
The City Council met in Closed Session to discuss matters involving existing
litigation as described in Agenda Item No. 17.
Mayor Mossar announced there was no reportable action.
FINAL ADJOURNMENT: The meeting adjourned at 9:45 p.m.